22-173-Ordinance No. PL-6 (Proposed) Recorded 5/5/19761
2
3
4 An Ordinance Providing a )
Uniform Complaint and )
5 Citation Method for )
Enforcement of the )
6 Deschutes County Zoning, )
Subdivision, and Solid )
7 Waste Ordinances. )
8 The Board of Commissioners of Deschutes County ordains as
9 follows:
10 Section 1 Purpose
11 The purpose of this ordinance is to provide a uniform complaint
12 and citation for violation of the County zoning, subdivision, and
13 solid waste ordinances in order to facilitate enforcement of
14 violations occurring within the unincorporated area of Deschutes
15 County.
16 Section 2 Authority
17 This ordinance is enacted pursuant to the authority granted to
18 general law counties by ORS 215.110, 459.120 and 203.035.
19 Section 3 Issuance of Warning Notice
20 No citation shall be issued pursuant to this ordinance unless,
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22 notice giving a brief description of the violation alleged to exist
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25 notice shall further contain the name of the County Department to
26 contact regarding the violation, the name of the person issuing the
IN THE BOARD OF COUNTY COMMISSIONERS
OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
PROPOSED
ORDINANCE NO. PL-6
Page 1 - Ordinance
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1 warning notice, the date the warning was issued and a statement
2 that failure to correct the alleged violation or to contact the
3 appropriate County Department may result in issuance of a formal
4 citation to the Deschutes County District Court.
5 Section 4 Requirements of Citation; Form and Content
6 (a) A Citation conforming to the requirements of this
ordinance may be used for all zoning, subdivision and
7 solid waste ordinance violations committed in the
presence of the complainant and which occur in the
8 unincorporated areas of Deschutes County, Oregon.
9
(b) The
citation shall consist of at least three parts.
Addi
tional parts may be inserted for administrative
10
use.
The required parts are:
11
(1)
Complaint;
(2)
Planning Department's record of violation;
12
(3)
Summons.
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(c) Each
of the parts shall contain the following information
or b
lanks in which such information shall be entered:
14
(1)
Name of the court and the court's docket or file
15
number;
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(2)
Name of the person cited;
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(3)
Section of the ordinance violated;
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(4)
Brief description of the violation of which the
person is charged in such manner as can be readily
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understood by a person making a reasonable effort
to do so, the date and place at which the violation
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occurred, the date on which the citation was
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issued, and the name of the complainant;
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5)
he time and place where the person cited is to
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appear in court;
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(6)
The bail, if any, fixed for the violation;
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(7)
The designation of the method of service and
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certification that such service has been made;
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a) When such service is by certified mail; return
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receipt requested as described at Section 6(a)(3)
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1 of this cr!d;naice such shall be stated on the
complaint and the required certification of
2 service may be made upon receipt of the "return
receipt" and after the filing of the complaint.
3
(d) The complaint shall contain a form of certificate by the
4 complainant to the effect that he certifies that he has
reasonable grounds to believe, and does believe, that the
5 person cited committed the violation contrary to the
zoning, subdivision or solid waste ordinance made and
6 provided by Deschutes County, Oregon. The certification,
if made by a Planning Department employee, need not be
7 made before a magistrate or any other person. A private
person shall certify before a District Court judge, clerk
8 or deputy clerk of the District Court of Deschutes County,
and this action will be enteredin the court record. The
9 reverse side of the complaint shall contain the court record
and contain the substance of the matter appearing on the
10 reverse side of all uniform complaints used in the District
Court of Oregon in Deschutes County or otherwise directed by
11 the District Court. A certificate conforming to this section
shall be deemed equivalent to a sworn statement.
12
(e) In addition, the summons shall contain a notice to the
13 person that the complaint will be filed with the District
Court of the State of Oregon for the County of Deschutes.
14 The reverse side of the summons shall contain the following
in a form substantially as follows:
15
16 READ CAREFULLY
17 You have been charged with a violation of the
Deschutes County (zoning, subdivision, solid waste)
18 ordinance. You MUST do ONE of the following:
19 1. Appear in Court at the time mentioned in this
summons and request a hearing. The court will
20 then set a time for a hearing; or,
2. Mail to the Court this summons, together with
21 a check or money order in the amount of the
bail indicated on the other side of this summons
22 and tell the Court you request a hearing. THIS
SUMMONS AND THE BAIL MUST REACH THE COURT BEFORE
23 THE TIME WHEN THIS SUMMONS REQUIRES YOU TO
APPEAR IN COURT. If you do not want a hearing, but
24 wish to explain your side, send your explanation
with the summons and bail. The Court will then
25 consider your explanation and may forfiet your
bail or part of it, on the basis of your
26 explanation and what the complainant tells the
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'd 11. 4.12 ME d
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Court; or,
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3. Sign the plea of guilty below and send this
summons to the Court, together with check or
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money order in the amount of bail indicated
on the other side of this summons. THIS
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SUMMONS AND THE BAIL MUST REACH THE COURT
BEFORE THE TIME WHEN THIS SUMMONS REQUIRES YOU
5
TO APPEAR IN COURT. NOTE: If you have
already given bail or other security for
6
your appearance, proceed as mentioned above
but do not send in any additional sum as
7
bail.
8
APPEARANCE, PLEA OF GUILTY AND WAIVER
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I, the undersigned, do hereby enter my
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appearance on the complaint of the violation
charged on the other side of this summons. I
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have been informed of my right to a trial, that
my signature to this plea of guilty will have
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the same force and effect as a judgment of
court. I do hereby PLEAD GUILTY to said
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violation as charged, WAIVE my right to a
HEARING by the Court, and agree to pay the penalty
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prescribed for my violation.
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(Defendant's Name
16
17
(Def
endant
's Address)
18
MAIL
YOUR
REMITTANCE TO:
19 Deschutes County District Court
w 20 Bend, Oregon 97701
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NOTICE
IF YOU FAIL TO COMPLY WITH THESE
INSTRUCTIONS, THE COURT IS AUTHORIZED TO ISSUE
A WARRANT FOR YOUR ARREST.
4 IF YOU FAIL TO DO ONE OF THE THREE
FOREGOING PROCEDURES, OR FAIL TO APPEAR FOR
5 TRIAL AT THE TIME SET BY THE COURT YOU MAY BE
CHARGED WITH THE ADDITIONAL AND SEPARATE
6 VIOLATI N OF FAILURE TO MAKE REQU RED PPEARANCE.
7 THE COURT MAY IN ANY CASE, AFTER NOTICE,
REQUIRE YOU TO APPEAR FOR A HEARING.
8
9
10 (f) Any error in transcribing information into the blanks
provided in the citation form when determined by the
11 Court to be non-prejudicial to the Defendant's
defense, may be corrected at the time of trial or
12 prior to time of trial with notice being given to the
Defendant.
13
(g) Except as provided in Section 4(f) above, the complaint
14 shall be set aside by the Court only upon the motion
of the Defendant before plea, if it does not conform
15 to the requirements of this section.
16 Section 5 Commencement of Action for Ordinance Violations
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(a) The Planning Director, or his designee, may issue a
citation for violation of the Deschutes County (zoning,
18
subdivision or solid waste) Ordinances committed in his
presence and when committed at any location within the
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unincorporated area of Deschutes County, Oregon.
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(b) A private person may only commence an action for an
ordinance violation as provided in Section 4(d) of
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this ordinance and under the same conditions as provided
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in subsection (a) of this section. The commencement of
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all actions by private persons for violations committed
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in their presence shall be upon the ordinance citation
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form and shall be at the discretion and in the judgment
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of the office of the District Attorney, and conform to
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the procedures for certification and service as
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required at Section 4 and Section 6 of this ordinance
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respectively.
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Page 5 - Ordinance
1 Section 6 Service of Citation
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(a) If
a citation is commenced as described in Section 5(a)
or
5(b), the Planning Director or his designee or a
3
peace officer, respectively, shall serve or cause to
be
served, the summons portion of such citation in one
4
of
the following manners:
5
(1)
To personally serve the summons portion of the
citation on the Defendant. If the Defendant
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cannot be found personally at his usual abode,
then service may be made to a member of his
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family over 14 years of age who resides at that
abode.
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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 the
10
Planning Director or his designee may be personally
served upon the Defendant by any peace officer
11
authorized to serve such citations.
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(3) If, after reasonable and due diligence, the
Defendant cannot be served in the manner prescribed
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in subsections (1) and (2) hereinabove, service of
the summons portion of said citation may be made
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by registered mail, return receipt requested,
mailed to such person at his last known address
15
with postage prepaid thereon. For the purposes
of this ordinance, service by mail shall be deemed
16
perfected upon filing with the Court the return
receipt endorsed by said Defendant. As soon as
17
reasonably possible, provided, however, in no event
later than the appearance date, the complainant
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shall file the complaint portion of the citation
with the Clerk of the District Court. When service
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is not made at the time of commencement of the
complaint, proof of service shall be filed
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immediately after service has been made.
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Section 7 Minimum Requirements for Summons
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a) A summons for an ordinance violation is sufficient if it
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contains the following:
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(1) The name of the court, name of the person cited,
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date on which the citation was issued, navel of the
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complainant and the time and place at which the
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person cited is to appear in Court.
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1 (2) A brief description or designation of the offense
in such a manner that can be readily understood
2 by a person making a reasonable effort to do so and
the date and place in which the violation is alleged
3 to have occurred.
4 (3) A copy of the complaint as set forth in Section 4.
5 Section 8 Appearance by Defendant
6 (a) The Defendant shall either appear in Court at the time
indicated in the summons, or prior to such time shall
7 deliver to the Court the summons, together with check
or money order in the amount of the bail set forth on
8 the summons, together with:
9 (1) A request for a hearing; or
10 (2) A statement of matters and explanation of
11 mitigation of the offense charged; or
(3) The executed appearance, waiver of hearing and
12 plea of guilty appearing on the summons.
13 Section 9 Effect of Statement and Explanation in Mitigation
14 If a Defendant has submitted to the Court a written statement
15 as provided in Section 8(a)(2) it constitutes a waiver of hearing
16 and consent to judgment by the court declaring a forfeiture of all
17 or any part of the bail as determined by the Court on the basis of
18 such statement of complainant or other witness which may be presented
19 to
the Court.
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Section 10
Fixing Hearin Dates; Notice to Defendants;
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Failure to Appear; the Separate Offense o
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Failing to Appear in Court Pursuant to
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Citation, Summons, Court Order or at the
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Time Set for Trial of Case.
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(a) If the
Defendant requests a hearing, or pursuant to
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Section
10(a), the Court directs that a hearing be held,
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the Court shall fix a date and time for hearing and,
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unless
notice is waived, shall at least five days in
25
advance
of the hearing, mail to Defendant a notice
of the
date and time so fixed. The notice shall set
26
forth a
warning that for failure to appear for the
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VOL ' PAuE 18 13
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hearing, the Defendant may be charged with a separate
and additional offense of failure to appear in Court
2
pursuant to Court order,.citation or summons, or at
time set for trial of the case.
3
(b)
Notice to the Defendant. required pursuant to Section
4
1,0,.(a) shall be made in the form of a Court "notice to
appear" and be placed in the United States mail
5
addressed to the Defendant in his last known address
with postage prepaid thereon.
6
(c)
Failure of the Defendant to make appearance as set
7
forth in subsection ~a) of this section, will constitute
a failure to appear c hearing. If the Defendant
8
fails to appear when notified by the Court to appear
pursuant to subsection (b) of this section, he may be
9
charged with a separate and additional offense of
failing to appear in Court pursuant to a Court order,
10
or a citation or summons or at time set for trial of
the case. Upon a finding by the Court that Defendant
11
did not make appearance as required pursuant to this
ordinance without due and good cause, the Defendant
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shall be guilty of failure to appear.
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Section 11 Hearing Discretionary with Court; Exception
14
(a)
For any ordinance violation for which citation has been
issued, the Court may direct that a hearing be held.
15
Otherwise, the Court may enter the appropriate
judgment, impose a fine, direct that the fine be paid out
16
of the bail deposited by the Defendant and return any
amount by which the bail exceeds the fine.
17
(b)
No fine may be imposed in excess of the amount of bail
18
deposited by Defendant unless a hearing is held.
19
Sect
ion 12 Warrant for Arrest
20
(a)
If a person cited fails to comply with the provisions
of Section 7, or if he fails to appear at any time fixed
21
by the Court, a warrant for his arrest may be issued by
a judge of the Deschutes County District Court pursuant
22
to ORS 133.060.
23 (b) No warrant of arrest may be issued pursuant to this
section after a period of sixty days from the date of
24 entry of an order declaring a forfeiture of bail or
25 other security given by the arrested person, unless a
warrant has been issued before the expiration of that
26 period, the order of forfeiture shall be deemed the
final disposition of the case.
Page 8 - Ordinance
VOL PAL -E 18
1 Section 13 Penalty for Failure to Appear
2 Upon conviction of any person under Section 10(c) of failure
3 to appear without due and good cause, he shall be punished by a
4 fine in addition to the fine and the court costs of the violation
5 for which he failed to appear and such additional fine shall not
6 be more than $250.00:
7 Section 14 Emergency Declared
8 This ordinance being immediately necessary to aid enforcement
9 of the County's zoning, subdivision and solid waste ordinances,
10 an emergency is declared to exist and this ordinance shall take
11 effect immediately upon passage.
12
13 The foregoing Ordinance was duly passed by the Deschutes
14 County Board of Commissioners on the day of May, 1976.
15
16 Rec rding Secretary:
18
BOARD OF COMMISSIO ERS:
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22 Approved
as to form.
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c:omm s ner
OF,
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o i.ssioner
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