RE: Notice of Violation: 1206 SE 48th Place, Lincoln City, OR 97367
This Notice of Violation is provided to the responsible parties identified above pursuant to LCMC 17.84 as a prerequisite to issuance of a citation to Municipal Court. This Notice of Violation may be satisfied, and the violation(s) abated and disposed of without fines or assessments, with the execution and submission of a Voluntary Assurance of Compliance (attached) within ten (10) days of the date of this letter.
Lincoln City Municipal Code (LCMC) Section 17.04.030 provides, in pertinent part:
It is unlawful for any person to erect, construct, establish, move into, alter, enlarge, use, or cause to be used, any building, structure, improvement or use of premises located in any zone described in this title contrary to the provisions of this title.
Lincoln City Municipal Code (LCMC) Section 17.84.020 A. provides, also in pertinent part:
Any person, firm, association or corporation, whether as principal, agent, employee or otherwise, who violates any provision of this title or any order adopted pursuant to this title shall be punished under the provisions of Chapter 1.16 LCMC. Any such violation is a Class A civil infraction. Each day that the violation of this title exists is deemed to be a separate offense.
The Lincoln City Warming Shelter has been operating at 1206 SE 48th Place, Lincoln City, OR 97367. This site is within the Taft Village Core zone. The use of this property as a warming shelter is not among the allowed uses, conditional uses, or accessory uses of that zone. Accordingly the use of the site as a warming shelter is a Class A violation for each day the offense continues.
As the responsible parties you have ten (10) days from the date of this letter [5 p.m. Friday, January 12, 2018] to execute and deliver to me an assurance of voluntary compliance relating to the alleged violations. The assurance must set forth what actions, if any, you intend to take with respect to correction of the alleged violations. If I am satisfied with the assurance of voluntary compliance, I will submit it to the municipal court for approval, and if approved it will be filed with the clerk of the court as an order of the court. I may reject any assurance which does not provide for correction of the violation(s) in a timely manner.
I have attached a suggested Assurance of Voluntary Compliance. You are not required to use it, but it shows the essence of what I am looking for. It contains your promise to cease using the subject property as a warming shelter except in certain limited circumstances, plus a request to initiate a legislative zoning ordinance amendment to allow emergency shelters in the TVC zone and an agreement for the warming shelter to put its pending appeal on hold pending the outcome of the legislative process.
If I do not receive an assurance of voluntary compliance, I will proceed with issuance of a citation.
Your immediate attention to these matters is requested.
Planning & Community Development Director
This is a developing story.