23-169-Ordinance Recorded 8/18/1976�r
vol, 23 put 169
1 IN THE BOARD OF COUNTY COMMISSIONERS
2 OF THE STATE OF OREGON
3 FOR THE COUNTY OF DESCHUTES
4 An Ordinance Providing a )
Uniform Complaint and
5 Citation Method for ) AMENDMENT TO
Enforcement of the )
6 Deschutes County Zoning, ) ORDINANCE NO. PL -6
Subdivision, and Solid )
7 Waste Ordinances. 1
8 This matter
having come before the
Board at the request of
9 the Planning and
Building Departments of
Deschutes County;
10 And it appearing to the Board that it is in the best interest
11 of the efficient administration of the State Building Code to
12 provide for the citation of violators pursuant to Ordinance
13 No. PL -6; now therefore,
14 IT IS HEREBY ORDERED that the following amendments be made to
15 Ordinance No. PL -6:
16 The Board of Commissioners of Deschutes County ordains as
17 follows:
18 Amendment of Title:
19 The title is amended to read: "An Ordinance Providing a
20 Uniform Complaint and Citation Method for Enforcement of the State
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YZOo 21 Building Code and the Deschutes County Zoning, Subdivision, and
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7f NW Section 1 is amended to read as follows:
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"Section 1 Purpose
25 The purpose of this ordinance is to provide a uniform complaint
26 and citation for violation of the State Building Code and the
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VOL .23 Fax 170
1 Deschutes County zoning, subdivision, and solid waste ordinances,
2 in order to facilitate enforcement of violations occurring within
3 the unincorporated areas of Deschutes County."
4 Section 2 is amended to read as follows:
5 "Section 2 Authority
6 This ordinance is enacted pursuant to the authority granted
7 to general law counties by ORS 215.110, 456.755(4), 459.120 and
8 203.035."
9 Section 4 Requirements of Citation; Form and Content is
10 amended as follows:
11 Section 4(a) to read:
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Page 2 - Amendment
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"(a) A Citation conforming to the requirements of this
ordinance may be used for all State Building Code
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and all zoning, subdivision and solid waste
ordinance violations committed in the presence of
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complainant and which occur in the unincorporated
areas of Deschutes County, Oregon."
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Section 4(b)(2) is amended to read as follows:
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"(2) Planning or Building Department's record of
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violations;"
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Section 4(d) is amended to read in part as follows:
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"(d) The complaint shall contain a form of certificate by
the complainant to the effect that he certifies that
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he has reasonable grounds to believe, and does believe,
that the person cited committed the violation contrary
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the State Building Code, or, the zoning, subdivision
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or solid waste ordinances made and provided by Deschutes
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County, Oregon. The certification, if made by a
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Planning or Building Department employee, need not be
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made before a magistrate or any other person..
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Section 4(e) is amended to read in part as follows:
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Page 2 - Amendment
vas. 23 rAcE 171
1 "...READ CAREFULLY You have been charged with a violation
of the State Building Code /Deschutes County (zoning, subdivision,
2 solid waste) ordinance..."
3 Section 5 Commencement of Action for Ordinance Violations
4 is amended as follows:
5 1) The subsection presently designated as "(b)" be
6 redesignated as subsection "(C)'', and
7 2) A new subsection (b) be added to read:
g "(b) The Building Administrator, or his designee, may
issue a citation for violation of the any of
9 the specialty codes contained in the State Building
Code committed in his presence and when committed
10 at any location within the unincorporated area of
Deschutes County, Oregon."
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Section 6 Service of Citation is amended as follows:
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Section 6(a) is amended to read-in part:
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"(a) If a citation is commenced as described in Section 5(a),
5(b), or 5(c) the Planning Director or his designee,
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the Building Administrator or his designee, or a
peace officer, respectively, shall serve or cause to
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be served, the summons portion of such citation in one
of the following manners: "
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Section 6(a)(2) is amended to read as follows:
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"(2) If the Defendant is unknown or unavailable for
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personal service by the citing officer, then the
summons portion of the citation, prepared by
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the Planning Director or his designee, or the
Building Administrator or his designee, may be
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personally served upon the Defendant by any
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peace officer authorized to serve such citations."
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The foregoing amendments to Ordinance PL -6, being immediately
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necessary to aid the enforcement of the State Building Code within
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Deschutes County, an emergency is declared to exist and these
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amendments to Ordinance PL -6 shall take effect immediately upon
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passage. I VOL 23 PAL.472�
The foregoing amendments to Ordinance PL -6 were duly , passed
by the Deschutes County Board of Commissioners on the / i day
of August, 1976.
7 Approved as to form:
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9 Deputy Dis ri t Attorney
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Page 4 - Amendment
BOARD OF COMMISSIONERS:
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Commissioner