33-196-Ordinance No. PL-6 (Amendment) Recorded 11/14/19791.-
VOL 33 PAGE Ig6
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IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON F , 1: t 0
FOR DESCHUTES COUNTY ,9T.
In the Matter of an Ordinance Providing ) IDES 9
a Uniform Complaint Citation Method for )
i T C pATT~SpV
Enforcement of the State Building Code AMENDMENT TO CO ) ORDINANCE NO. PL-6 pUNn' CLERIC
and Deschutes County Zoning, Subdivision, )
Partition and Solid Waste Ordinances. `
This matter having come before the Board of commissioners upon the request
of the Deschutes County Building Department; and
WHEREAS, the Board finds that it is in the best interests of the efficient of viola administration of the State Building Code to
provide fifteentday
pursuant to Ordinance PL-6; that the cu
delay between the issuance of the stop work order and the citation is uno katle;
that the current form of warning notice improperly threatens pros;
Sanitation Department employees should be empowered to cite individuals in order
to decrease the burden on the County Sheriff in matters that do not normally
involve taking persons into custody; that ORS 203.035 permits ndovernd-
ment of County Ordinances providing for exercise by
matters of County concern to the fullest extent allowed by the Constitutions and
Laws of the United States and of this State; and that the warning notice form
may not threaten prosecution;
NOW, THEREFORE, the Board of Commissioners of Deschutes County ordains as
follows:
Section 3 of County Ordinance PL-6 is hereby amended to read as follows
(underlining indicates additional language/deleted portions are in brackets):
"(a) No citation shall be issued pursuant to this ordinance unless,
at least fifteen days prior to service of such citation, a warning
notice giving a brief description of the violation alleged to exist
is first served upon the person accused of the offense or post on
the property where the violation is alleged to exist. The warning
notice shall further contain the name of the County Department to
contact regarding the violation, the name of the person issuing the
warning notice, the date the warning was issued and a statement tat
[failure to correct the alleged violation or to contact the appropriate
County Department may result in issuance of a formal citation to the
Deschutes County District Court this Ordinance provides that a
formal citation may b~k ued unless the violation is correct or
_ a.l.. YCl1 TIC f-Cl:C1V ~1'L1 F.
arran emem- dLC 1«au~
citations will be subject to prosecution in
State of Oregon for Deschutes County.
the District Court of
''(b) Notwithstanding; an other rovision of this Ordinance when a
stop work order is issued b the Building De artment and there is
robable cause to believe that the stop work order has not been obeyed
within 24 hours after the issuance thereof, the Buildin Official
his deputy or his dele ate may issue a citation alleging violation of
the State Building Code."
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PAGE -1- AMENDMENT TO ORDINANCE PL-6
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VOL 33 FAG"f x.97
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Section 4(d) of County Ordinance PL-6 is hereby amended to read as follows
(underlining indicated additional language):
"(d) The complaint shall contain a form of certificate by the complainant
to the effect that he certifies that he has reasonable grounds to believe,
and does believe, that the person cited comitted the violation contrary
to the State Building Code, or the zoning, subdivison or solid waste
ordinance made and provided by Deschutes County, Oregon. The certification,
if made by a Planning Sanitation, or Building Department employee, need
not be made before a District Court Judge, Clerk or Deputy Clerk of the
District Court of Deschutes County, and this action will be entered in the
court record. The reverse side of the complaint shall contain the court
record and contain the substance of the matter appearing on the reverse
side of all uniform complaints used in the District Court of the State of
Oregon in Deschutes County or otherwise directed by the District Court. A
certificate conforming to this section shall be deemed equivalent to a
sworn statement.
The foregoing amendment to County Ordinance PL-6 is deemed immediately
necessary to preserve the health, safety and general welfare of the people of
Deschutes County, in that the Board finds that buildings are presently completed `
between the time a stop work order is made and the issuance of a citation, and the
builder, due to the fifteen-day delay required by the present Ordinance, often
cannot be served; an emergency is declared to exist and this amendment to
County Ordinance PL-6 shall take effect immediately upon passage.
The foregoing amendment to Ordinance PL-6 was duly passed by the Deschutes
County Board of Commissioners on the 7th day of November, 1979.
BOARD OF COUNTY COMMISSIONERS
/44e~.L/0000000-110~-., mi~~
C C PAR', Chai an
ALB "R7.- YOUNG, Commi oner
ROBERT C. PAULSON, JR., Commissioner
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PAGE -2- AMENDMENT TO ORDINANCE PL-6