A notice of infraction (NOI) is the legal process used to enforce the animal control section of the Multnomah County Ordinance. A notice of infraction includes a detailed account of an alleged violation. Specifically, the NOI lists the time, date, location, of an alleged violation; a full description of the animal involved; and the name and address of the person responsible for violating the ordinance.
Resolving Animal Nuisance Issues
A citizen that witnesses a violation can cause a NOI to be issued. Multnomah County Animal Services personnel have the authority to serve NOIs. Briefly, the notice of infraction process involves these steps:
- The animal owner should receive an informal warning about the problem from a neighbor.
- If this doesn’t resolve the problem, neighbors can attempt to resolve the problem with neighborhood mediation.
- If the problem persists, you may file a formal complaint using one of the following forms:
- Animal Nuisance Complaint Form
- Cat Trespass Complaint Form
Flickr user Bree Bailey, CC BY-SA 2.0 , via Wikimedia Commons
- Once you have completed the form, please mail it to Multnomah County Animal Services, Attention: Legal Aide Officer, 1700 W Historic Columbia River Hwy, Troutdale, OR 97060
- If the complaint form is valid, a notice of infraction may be issued to the animal owner.
- The pet owner has several options:
- Enter a “no contest” plea and pay the fine -OR-
- Submit a letter of explanation and pay the fine -OR-
- Appeal the notice of infraction. If they appeal, a hearing date will be set and you will be notified. A hearings officer will hear testimony and then will make a decision. The complainant and witnesses must attend this hearing. Without witnesses present, the case may be dismissed. It is best to have as many neighbors as possible willing to testify about the problem. Evidence could include:
- Photographs, video tapes and tape recordings
- Logs which record date/time/place of the disturbance or incident
- Journal of attempts to solve the problem with an animal owner
- Accurate testimony of neighbor's witnesses
- If the nuisance continues, you may file additional complaints as future violations occur and additional notices of infraction may be served.
- After three notices of infraction have been served, MCAS may issue an abatement order (at the director's discretion based on at least one of the NOIs resulting in a guilty verdict), giving the owner 144 hours to abate the problem. Failure to abate the problem may result in either an immediate order to impound the animal or by issuing a citation into circuit court for failure to comply with the abatement order.
- If the owner refuses to release the animal to Multnomah County Animal Services pending final resolution, we may take additional steps in order to resolve the issue.