2007-1611-Ordinance No. 2007-030 Recorded 11/5/2007REVIEWED
LEGAL COUNSEL
IEWED
COD REVIEW COMMITTEE
COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS
COMMISSIONERS' JOURNAL ,
!Jill[ 111111111
11105/2007 02,29,02 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code.
Chapter 1.01 to Remove the Requirement of a Code * ORDINANCE NO. 2007-030
Review Committee and Declaring an Emergency.
WHEREAS, the Deschutes County Administrator ("Administrator") determined that the Code Review
Committee required in Deschutes County Code ("DCC") Chapter 1.01 is no longer necessary; and
WHEREAS, the Board agrees that delegating to the Administrator the responsibility of determining the
form and style of the Deschutes County Code is appropriate; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 10.01, Code Adoption, is hereby amended to read as
described in Exhibit "A", attached and incorporated by reference herein, with new language underlined and
deleted language setforth in str-ikethfoug#..
PAGE 1 OF 2 - ORDINANCE NO.2007-030 (10/29/07)
Section 4. EMERGENCY. This Ordinance being necessary for the public peace, health and safety,
an emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this N S of
2007 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
I
Recording Secretary TAMMY B , COMM S ONER
ir
Date of 1St Reading: dY day of 2007.
Date of 2°d Reading: U' ' day of 2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly ✓
Dennis R. Luke
Tammy Baney V
Effective date: kkdL of k/L"-I 007
ATTEST:
1"L4-L (b~
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2007-030 (10/29/07)
Chapter 1.01. CODE ADOPTION
1.01.010.
Adoption of Deschutes County
Code.
1.01.011.
Deschutes County Code Review
Committee.
1.01.012.
Review Procedure.
1.01.015.
Form and Style Manual.
1.01.020.
Name of Code-References.
1.01.030.
Code References Apply to All
Amendments.
1.01.040.
Title, Chapter and Section
Headings.
1.01.050.
Effect of Code adoption.
1.01.060.
References to Documents as Code
Provisions.
1.01.070.
Prosecutions, Collections and
Other Acts Unaffected.
1.01.080.
Constitutionality.
1.01.090.
Codification.
1.01.095.
Existing liabilities.
1.01.010. Adoption of Deschutes County
Code.
Hereby adopted is the Deschutes County Code
Book. The code shall include all existing and
subsequent amendments. An annual update of
the code book will be published in January of
each year.
(Ord. 95-026 § 1, 1995; Ord. 87-014 § 1, 1987)
1.01.011. Deschutes County Code Review
Committee.
A. It is policy of Deschutes County Board of
Commissioners to provide an accurate,
current code.
B_To implement this policy, Lesehutes Genf
zoo
Code Review Committee shall be ereated as
eedif cation midptib}io-alten - of-eede. The
eede will be published aimeally, for- -a
fninimufn fee, whi the t l ees
of sen4ee. Thy ~ttee s the County
Administrator shall be responsibilities
responsible for all edits to the Deschutes
County Form and Style Manual
Chapter 1.01 1
Page l of 3 - EXHIBIT "A" to ORDINANCE 2007-030
C. The County Administrator's responsibilties
shall include Deschutes County employee
education and training on code publication
procedure and maintenance of the Deschutes
County Form and Style Manual.
(Ord. 2007-030 § 1 2007; Ord. 95-026 § 1, 1995)
1.01.012. Review Procedure.
A. All codes will be in one automated format
which will allow all proposed changes to
codes to be prepared on disk or online
directly from an up-to-date codified code.
B. The proposed ordinance will then be
submitted to
proposed erdinantee-the or-dinanee is the
~mit4ed to Legal Counsel for content and
format review.
C.-Upon approval by Legal Counsel, an agenda
request is submitted to the Board of County
Commissioners for bBoard review and
approval/denial.
D. if approved by the Board, then the code is
codified by Legal Counsel and reprinted fe
publication published on the County's
website.
E. If denied, the code remains unaltered. This
(Ord. 2007-030 J1,2007; Ord. 2002-003 §1,
2002; Ord. 95-026 § 1, 1995)
1.01.015. Form and Style Manual.
The Deschutes County Form and Style Manual is
hereby adopted as the uniform system governing
the form and style of Deschutes County legal
documents.
(Ord. 95-026 § 1, 1995)
(10/2007)
1.01.020. Name of Code-References.
A. This code shall be known as the "Deschutes
County Code," and it shall be sufficient to
refer to such code as the "Deschutes County
Code" in any prosecution for the violation of
any provision thereof or in any proceeding at
law or in equity.
B. It shall be sufficient to designate any
ordinance adding to, amending, correcting or
repealing all or any part or portion thereof as
an addition to, amendment to, correction or
repeal of the Deschutes County Code.
CFurther reference may be had to the titles,
chapters, sections and subsections of the
Deschutes County Code, and such reference
shall apply to that numbered title, chapter,
section or subsection as it appears in the
code.
(Ord. 2007-030 § 1, 2007; Ord. 87-014 §2, 1987)
1.01.030. Code References Apply to All
Amendments.
Whenever a reference is made to this code as the
"Deschutes County Code," or to any portion
thereof, or to any ordinance, order or resolution
of Deschutes County, Oregon, codified herein,
the reference shall apply to all amendments,
corrections and additions heretofore, now and
hereafter made.
(Ord. 87-014 §3,1987)
1.01.040. Title, Chapter and Section
Headings.
Title, chapter and section headings contained
herein shall not be deemed to govern, limit,
modify or in any manner affect the scope,
meaning or intent of the provisions of any title,
chapter or section hereof.
(Ord. 87-014 §4, 1987)
1.01.050. Effect of Code Adoption.
The provisions of this code shall not in any
manner affect matters of record which refer to or
are otherwise connected with ordinances, orders
and resolutions, which are therein specifically
designated by number or, otherwise, and which
are included within the code, but such references
Chapter 1.01 2
Page 2 of 3 - EXHIBIT "A" to ORDINANCE 2007-030
shall be construed to apply to the corresponding
provisions contained within this code.
(Ord. 87-014 §5, 1987)
1.01.060. References to Documents as Code
Provisions.
The last efdinanee, order- or- mselutien ineluded
in this eede was Ordifianee 86 049, passed April
16-1987: The following ordinances, passed
subsequent to Ordinance 86-049, but prior to the
adoption of this code, to the extent they have not
been subsequently amended or repealed, are
hereby adopted and made a part of this code:
Ordinances 86-051, 86-060, 86-063, 86-066,
86-068, 86-069, 86-071, 86-072, 86-073, 86-075,
86-076, 86-077, 87-001, 87-003, 87-004, 87-005,
87-006 and 87-007.
(Ord. 2007-030 § 1, 2007; Ord. 87-014 §6, 1987)
1.01.070. Prosecutions, Collections and
Other Acts Unaffected.
ANeither the adoption of this code nor the
repeal nor amendments hereby of any
ordinance, order or resolution, or part or
portion thereof, shall in any manner affect the
prosecution for violations of ordinances,
which violations were committed prior to the
effective date hereof,.
B. The adoption of the code or the repeal or
amendments hereby ordinance, order
or resolution, or part or portion thereof, shall
not be construed as a waiver of any license,
fee or penalty at such effective date due and
unpaid under such ordinances, orders or
resolutions,
CnerThe adoption of the code or the repeal or
amendments hereby ordinance, order
or resolution, or part or portion thereof, shall
not be construed as affecting any of the
provisions of such ordinances, orders or
resolutions relating to the collection of any
such license, fee or penalty, or the penal
provisions applicable to any violation
thereof,.
D_ner-teThe adoption of the code or the repeal
or amendments hereby of any ordinance,
order or resolution, or part or portion thereof,
shall not affect the validity of any bond or
cash deposit in lieu thereof required to be
(10/2007)
posted, filed or deposited pursuant to any
ordinance, order or resolution, and all rights
and obligations thereunder appertaining shall
continue in full force and effect.
(Ord. 2007-030 fl, 2007; Ord. 87-014 §7, 1987)
1.01.080. Constitutionality.
A. If any section, subsection, sentence, clause or
phrase of this code is for any reason held to
be invalid or unconstitutional, such decision
shall not affect the validity of any remaining
portion or portions of this code, unless:
1. The code section, subsection, sentence,
clause or phrase provides otherwise;
2. The remaining part or parts are so
essentially and inseparably connected
with and dependent upon the
unconstitutional or invalid part that it is
apparent that the remaining part or parts
would not have been enacted without the
unconstitutional or invalid part; or
3. The remaining part or parts, standing
alone, are incomplete and incapable of
being carried out in accordance with the
board's intent.
B. If for any reason this entire code should be
declared invalid or unconstitutional, then the
original ordinances, orders and resolutions
shall be in full force and effect.
(Ord. 87-014 §8, 1987)
1.01.090. Codification.
A. Legal Counsel
Review Gemmi4ee shall have the authority to
codify adopted ordinances in a manner that
will integrate them into the County Code
consistent with the prescribed form and style
for ordinance codification.
B. Sueh The codification may include format
changes, changes in code numbering systems
and cross-referencing systems and other,
similar non-substantive changes.
4C.As part of codification process, Legal
Counsel or the Desebutes Getinty Code
Review Gemmiaee-may insert appropriate
legislative history references.
DLegislative history references are included
for administrative convenience and not as
Chapter 1.01 3
Page 3 of 3_EXHIBTT "A"to ORDINANCE 2007-030
part of the substance of the ordinance or
code.
EE.The text of this code or any adopting
ordinance may be corrected by the-Deselitites
County Cede Review Gemmi#ee or Legal
Counsel to cure editorial and clerical errors.
D. Codification changes authorized under this
section are intended to be non-substantive in
nature and may be made without action of the
Board.
(Ord. 2007-030 §1, 2007, Ord. 98-065 §1, 1998;
Ord. 97-056 § 1, 1997; 93-010 § 1, 1993)
1.01.095. Existing Liabilities.
The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or
line on a map by any ordinance shall not release
or extinguish any duty, condition, penalty,
forfeiture, or liability incurred under such
ordinance, unless a provision of the ordinance
shall so expressly provide, and such ordinance
repealed shall be treated as still remaining in
force for the purpose of sustaining any proper
action or prosecution for the enforcement of such
duty, condition, penalty, forfeiture, or liability,
for the purpose of authorizing the prosecution,
conviction and punishment of the person or
persons who violated the repealed ordinance.
(Ord. 97-056 §2, 1997)
(1.0/2007)
I, Susan Ross, as a member of the Code Review Committee (CRC), wish to
express my support for the elimination of the CRC.
f
Susan Ross Date