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2002-1192-Ordinance No. 2002-032 Recorded 9/25/2002REVI WEDS 46 j TT.�s dAL COUNSEL CODE REVIEW COUNTY OFFICIAL MARYHSUE SPENHOLLOW, COUNTYRCLERKS Ind 200201+92 COMMISSIONERS' JOURNAL 208200 2925 09/15/100104;18;01 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Chapter 1. 16, Code Violations and Enforcement, of the Deschutes County Code, and Declaring an Emergency. ORDINANCE NO. 2002-032 WHEREAS, the Oregon Revised Statutes infraction procedures have been amended since the adoption of Chapter 1.16; and WHEREAS, the Oregon Supreme Court has set base fine amounts (previously referred to as bail amounts) which supercedes the previous Deschutes County bail schedules for infractions or violations set by the then -Presiding Judge Mosgrove in 1992; and WHEREAS, it is necessary to amend Chapter 1.16 to conform to the Oregon Revised Statutes and the Oregon Supreme Court base fine amounts; and WHEREAS, ORS 153.142 allows political subdivisions to establish base fine amounts for violations of ordinances of the political subdivision that are less than or greater than the statutory base fine amounts and low base fine amounts may impede the County's ability to obtain compliance with the County's building code and land use regulations from violating land owners; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Chapter 1.16, Deschutes County Code Violations and Enforcement, Deschutes County Code, is amended as set out in Exhibit "A" attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfil eugh . PAGE 1 OF 2 - ORDINANCE NO. (08/28/2002) Section 2. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED thi day ofXledU;J WL %2002. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TOM DEWO , Chair ENNIS R. LUKE, o issioner MICAAL M. DALY;,"Imissioner Date of I" Reading: e--day iday of � , 2002. Date of 2nd Reading: Ze—day of ., 2002. Record of Adoption Vote Commissioner Yes No Abstained Excused Tom DeWolf Dennis R. Luke e�– Michael M. Daly Effective date: day of , 2002. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. (08/28/2002) Chapter 1.16. CODE VIOLATIONS AND ENFORCEMENT 1.16.010. Violations deemed Class A or B infractions -Classification - Penalties. 1.16.020. Continuing violationsinfractinms. 1.16.030. Infraction procedures -Statutory provisions adopted. 1.16.035. Search warrants -Statutory provisions adopted. 1.16.040. Other remedies not precluded. 1.16.045. Private right of action. 1.16.050. Stop work or use tag violations. 1.16.060. Continuation of certain liabilities. 1.16.070. Code enforcement officials -Designation by Board. 1.16.080. Code enforcement officials -Appointment status. 1.16.090. Penalty for false information on noise or animal control violation. 1.16.010. Violations deemed Class A or B infractions -Classification - Penalties. A. Violation of a county ordinance shall be punishable, upon conviction, by fine only. Violations..�tions of county ordinances shall be classified as Class A infractions or Class B infractions. Each county ordinance specifying a county offense shall classify the ordinance violation as a Class A or Class B infraction. B. A sentence to pay a fine for a violation an infraction of a county ordinance shall be a sentence to pay an amount not exceeding: 1. Six -Five hundred dollars for a Class A infraction; or 2. Throe_-E)nc hundred dollars for a Class B infraction. C. A sentence to pay a fine for a continuing violations irffractmn of a county ordinance shall not exceed $1,000.00. (Ord. 2002-016 § 9,2002;86-076 § 1, 1986) 1.16.020. Continuing viol ationsfirfractimn. When an viola ionsinfractiot is of a continuing nature, a separate violationinfractien will be deemed to occur on each calendar day the infraction continues, and a separate summons and complaint may be filed for each such 1.16.030. Infraction procedures -Statutory provisions adopted. The infraction procedures as set forth in ORS 8.665, 153-030 to 153 145 and 153.990 shall be the procedures for county ordinance infractions, and are adopted hereby by reference. (Ord. 2002-032 §1, 2002-2002-016 § 9, 2002, 86-076 § 3, 1986) ►•�►. • .•• T• • 1 1 • • . •• • �.• 1' 1: 1' i W. 1 • .• 1.16.035. Search warrants -Statutory provisions adopted. A. The definition of "offense" as set forth in ORS 161.505 is adopted: An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law or ordinance of a political subdivision of this state. An offense is a crime or a violation or an infraction. B. ORS 133.535 (3), which allows for property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense to be the Chapter 1.16 1 (10/2001) subject of search and seizure is adopted hereby by reference. C. The procedure established for obtaining search warrants as set forth in ORS 133.545 through 133.703 is adopted hereby by reference. (Ord. 96-025 § 1, 1996) 1.16.040. Other remedies not precluded. The procedure established by DCC 1.16.010 through DCC 1.16.060 shall be the exclusive procedure for imposing a fine; provided, however, such sections shall not prohibit, in any manner, alternative remedies, including but not limited to injunction, nor shall the County be prohibited from recovering any expense incurred in any injunction action. (Ord. 86-076 § 4, 1986) 1.16.045. Private right of action. A. Any person, whether acting as principal, agent or employee, whose interest is or may be affected by any violation of a Deschutes County ordinance may, in addition to the other remedies provided by law, file an violationinfiartion complaint in the following manner: 1. The private citizen shall prepare and present the violati. ninfraction complaint to the appropriate enforcement officer. If the enforcement officer fails to act upon the violationinfraction complaint within 30 days, the citizen may submit the violationinfi-actitm complaint to Deschutes County Legal Counsel (legal counsel). Legal counsel shall investigate the alleged violation of a county ordinance and, after consultation with the appropriate department head, shall either (1) have the violationinfraction complaint served and prosecute, or (2) decline to have the violati minfraction complaint served or to prosecute. Legal counsel shall notify the private citizen of said action within ten days from the date the violation rrfra on complaint is presented to legal counsel. 2. The private citizen, following notice by legal counsel of legal counsel's decision not to prosecute, may, within 60 days of such notice, bring an action under the authority granted by DCC 1.16.045, in the citizen's name against the alleged violator in the same manner and form as provided by a civil violatiannrfraction complaint. Should the private citizen prevail against the violator, any fine imposed and special costs shall be awarded to the plaintiff private citizen. B. A decision by legal counsel not to prosecute a zoning ordinance violation shall not be deemed to constitute a land use decision. (Ord. 2002-016 § 91 97-058 § 1, 1997) 1.16.050. Stop work or use tag violations. After a stop work or use tag is posted, any person continuing work or use commits a separate viol itinninfraction. Violation of a stop work or use notice constitutes a Class A �• •W,1111YA13C. . 11 :• 1 • . •:., 1.16.060. Continuation of certain liabilities. The repeal of Ordinances 82-012 and 86-027 by the ordinance codified in DCC 1.16.010 through 1.16.060 shall not extinguish any penalty, forfeiture or judgment imposed or liability incurred under Ordinance 82-012, as amended by Ordinance 86-027. Ordinances 82-012 and 86-027 shall remain in full force and effect for the purpose of enforcement of any penalty, forfeiture or judgment imposed thereunder or liability incurred thereunder. (Ord. 86-076 § 6,1986) 1.16.070. Code enforcement officials - Designation by board. A. The Board, by order, shall designate individuals, in addition to peace officers, who are employees or agents of the county, to enforce violations infiactions—of county ordinances. B. A private person may commence an action for a noise offense under DCC 8.08, or an animal control violation under DCC 6.08 by certifying to the complaint before a magistrate, clerk or deputy clerk of the court. Chapter 1.16 2 (10/2001) This action will be entered in the court record. C. A complaint under DCC 1.16.070(B) shall contain a statement that the complainant shall certify, under the penalties provided in DCC 1.16.090, that the complainant has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. A certificate conforming to DCC 1. 16.090 shall be deemed equivalent to a sworn complaint. D. When the complaint is certified by a private person, the court shall cause the summons to be delivered to the defendant. The court may require the County Sheriff's Office to serve the summons as provided in ORS 153.535(1). (Ord. 2002-016 § 9, 2002- § 1, 1998; Ord. 87-005 § 1, 1987) 1.16.080. Code enforcement officials - Appointment status. The appointment of a county officer to enforce violationsinftactions of county ordinances shall be continuous until such appointment is revoked by the Board. (Ord. 2002-016 S 9, 87-005 § 2, 1987) 1.16.090. Penalty for false information on noise or animal control violation. Any person who, in connection with the issuance of a complaint for a noise or animal control violation as defined in DCC 8.08 or DCC 6.08 respectively, knowingly certifies falsely in the matters set forth therein, commits a Class A Dirs 11 1 • • 11 •:; ����gmjjjjgm Chapter 1.16 3 (10/2001)