2013-1155-Ordinance No. 2013-015 Recorded 9/6/2013Rb IEWFI) ( DESCHUTES COUNTY OFFICIAL RECORDS
0Z~ NANCY BLANKENSHIP, COUNTY CLERK ~J 2013w11~~
LEGAL COUNSEL COMMISSIONERS' JOURNAL 09/06/2013 08;39;42 AM
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Z 155
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCI IUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Chapter 1,16 to Include State Violation * ORDINANCE NO. 2013-015
Fine Amounts and Allow Circuit Court Judges to
Ordcr Injunctive Relief
WHEREAS, since 2008, the state statutory maximum fines in ORS 153.018 for violations have been
increased considerably, but Deschutes County Code ("DCC") 1.16.010(l)(C) setting the maximum fines for
violations of the DCC has not been updated; and,
WHEREAS, the Board of County Commissioners ("Board") finds that amending DCC 1.16.010(C)(1)
to mirror the statutory maximum fines will aid in providing incentives for code violators to comply with the
DCC:; and
WHEREAS, per ORS 153.008(1)(C), a county may include in its code enforcement ordinance a
provision to authorize the court to order injunctive relief when a violator is cited into court, but the current DCC
does not include such a provision; and
WHEREAS, the Board finds that including the ability for the court to order injunctive relief rather than
having to file a separate injunctive action will expedite the code enforcement process and reduce the costs of the
code enforcement program; now, therefore,
THE BOARD O COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 1.16 is anncnded to read as described in Exhibit "A,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in
Dated this _ of 2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
TAMMY B EY, Vice Chair
ATTEST:
Recording Secretary
4 ~ 0 k -92, v 2~
ANTHONY DEBONE, Commissioner
PAGE 1 OF 2 - ORDINANCE NO. 2013 -015
Date of I" Reading: ! I-- day of &,,f, 2013.
Date of 2"c1 Reading: day of , '2013.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Alan Unger ✓
Tammy Baney
Anthony DeBone
Effective date: ! _ day of 2013.
PAGE 2 OF 2 - ORDINANCE, NO. 2013 -015
Chapter 1.16. CODE VIOLATIONS AND ENFORCEMENT
1.16.010. Violations Deemed Class A or B Classification-Penalties.
1.16.020. Continuing Violations.
1.1.6.030. Violation Procedures-Statutory Provisions Adopted.
1.16.032. Base Fine Amounts and Violation Classification for Water Supply, On-Site Sewage,
Building Code, Subdivision Regulations and Land Use Regulation Violations.
1.16.035. Search Warrants-Statutory Provisions Adopted.
1.16.040. Other Remedies Not Precluded_--Iniunctive Reliet7Abatement.
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 County Administrator.
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 Classification-Penalties.
A. Violation of a county ordinance shall be punishable, upon conviction, by line or by the specific
remedies specified within the County Code.
B. Each county ordinance specifying a county offense shall classify the ordinance violation as a Class A
or Class B violation.
C. A sentence to pay a fine for a violation of a county ordinance shall be a sentence to pay an amount not
exceeding-thy Maxirnuin Dines in OIZ,ti 1..5,3_,_0_1.8,.:
2. '1=kr Efts elr ci-ticnl:ltil:r lfrk a C=(a 4 a1.a1+
D. Notwithstanding 1.16.030, for violations of 'Chapters 13.04, 1308, 15.04 and 15. 10 and Titles 17 and
18, the base tine amount shall be the Maximum I ine amount.
-O 1-3-015
(()l'd. 2008-026, §1, 2008; Ord. 2003-021 §3, 2003; Ord. 2002-016 §9, 2002;
86-076 § 1, 1986)
1.16.015. Strict Liability
A. All of the offenses in the Deschutes County Code are strict liability offenses and do not require the
proof of any culpable mental state unless the code provision defining the offense expressly provides that
culpability is required,
B. It is no defense to prosecution under any provision in this code that the actor was not the person who
actually created, moved, caused, or maintained the unlawful condition or use.
C, A person is liable for prosecution under any provision of this code:
1. If the person created, moved, caused, or maintained an unlawful condition or use;
2. If the person aided or abetted another person in creating, moving, causing, or maintaining all
unlawful condition or use;
3. If the person is in actual or constructive possession of premises on which an unlawful condition or
use or is found; or
4. If the person has any interest, other than a security interest, in premises on which an unlawful
condition or use is found.
(Ord. 2008-026, §l, 2008)
1.16.020. Continuing Violations.
Chapter 1.16
(68/2011
Page I of 4 - EXHIBIT A TO ORDINANCE 2013015
A, When a violation is of a continuing nature, a separately punishable violation occurs on each calendar
day the violation continues,
B. The complaint for a continuing violation will clearly state the following:
1. The ongoing or uninterrupted nature of the violation;
2. The date the violation is alleged to have first occurred;
3. The dates or range of dates of each day of the continuing or uninterrupted violation; and
4. The amount of the fide for each day's violation.
(Ord. 2008-026, § 1, 2008; Ord, 2003-021 §4, 2003; Ord. 2002-016 §9, 2002; 86-076 §2, 1986)
1.16.030. Violation procedures-Statutory provisions adopted.
A. The violation procedures as set forth in ORS 153.030 to 153.145 and 153.990 shall be the
procedures for county ordinance violations, and are adopted hereby by reference.
B. Peace officers may enforce the provisions of Chapter 6.08, Animal Control, when the peace
officer has reasonable grounds to believe that the conduct constitutes a violation of that
chapter.
(Ord. 2009-005 §1, 2009; Ord, 2008-026, §1, 2008; Ord. 2003-021 §5, 2003; Ord. 2002-032 §1,
2002; 2002-016 §9, 2002; 86 076 §3, 1986)
1.16.032. Base-Fine-A-ntattots and-.Violation Classification for Water Supply, On-Site Sewage,
Building Code, Subdivision Regulations and Land Use Regulation Violations.
A. 1~Jt>iruitFt~ttt~~tlittg~ 1-1~3E1`fe~vielatienF~€ C:=hal.~tei ._..I._3 {)q.--~38 l 3)4 aia.c{--15-F1.) tri~cl~lt}es=~r~e}
-I-$-tl~e..l~a~sa...tif}e-ain~~t~~tt:-~1~a11~G tiae--Eiite-~trnetrnt:
Violations of Chapters 13,04, 13,08, 13.36, 15.04 and 15.10 and Titles 17 and 18 constitute Class A
violations.
(Oi'd, ?013-015. §1, 2013:Ord, 2002-032 §1, 2002)
1.16.035. Search warrants-Statutory Provisions Adopted.
A. The definition of "offense" as set forth in ORS 161.505 is adopted:
B. 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.
C. ORS 133.535 (3), which allows for property that has been used, or is possessed for the purpose of being
used, to cotninit or conceal the commission of an offense to be the subject of search and seizure is
adopted hereby by reference.
D. The procedure established for obtaining search warrants as set forth in ORS 133.545 through 133.703 is
adopted hereby by reference,
(Ord. 2003-021 §6, 2003; Ord. 96-025 § 1, 1996)
1.16.040. Other Remedies Not Precluded-Injunctive Reliell'/Abatenient.
Chapter 1.16 2 (68/2013)
Page 2 of 4 - EXHIBIT A TO ORDINANCE 2013015
F1The 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.
B. In additiorl_toaPine. rely citation for _a ..violation of a c~~unt~. ordinance may inelr.id(L -1 reclgg5t.._f 2r
rnjunc,tive relief and/or„ abatement ot, the viol ttrol.n,
C The c.nunty 5 representative may al%.) lc,quest illu.nctlve_relief cold/or _abatement at the tinge of
arrai anment of trial,
aillst...a per5cm_.._f~r..vi.c7latinu a coutlty ordinance, the Court i1jay
in addition
l g 3 s 1 _..._.x..._.
any other penalty imposed by law, enter orders for injunctive relief' and/or abatement, requiring _.L1j,p
person to cease all(Ldesist and to correct the violation Mal 291. 7..0 1.., 2Oa..~_...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
all violation complaint in the following manner:
I . The private citizen shall prepare and present the violation complaint to the appropriate enforcement
officer.
2. If the enforcement officer fails to act upon the violation complaint within 30 days, the citizen nlay
submit the violation complaint to Deschutes County Legal Counsel (legal Counsel).
3. Legal counsel shall investigate the alleged violation of a county ordinance and, after consultation
with the appropriate department head, shall either
a. have the violation complaint served and prosecute, or
b, decline to have the violation complaint served or to prosecute.
4. Legal counsel shall notify the private citizen of said action within ten days from the date the
violation complaint is presented to legal counsel.
5. 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 sarne wanner and form as provided by a civil
violation complaint,
6. 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 §9, 2002; 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 violation,
Violation ofa stop work or use notice constitutes a Class A violation.
(Ord. 2002-016 §9, 2002; 86-076 §5, 1986)
1.1.6.060. Continuation of Certain Liabilities.
A. 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.
B. 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.
Chapter 1,16
(68/2014.3)
Page 3 of 4 - EXHIBIT A TO ORDINANCE 2013015
(Ord. 86-076 §6, 1986)
1.16.070. Code Enforcement Officials- Designation by County Administrator.
A. The County Administrator shall designate individuals, in addition to peace officers, who are employees
or agents of the county, to enforce violations of county ordinances.
13. Private individuals who commence actions wider subsection C of this section are not agents or
employees of the county.
C. 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 signing the complaint before a magistrate, clerk or deputy clerk of the
court or sheriff's deputy.
D. The action commenced by a private person shall be entered in the court record.
C. If' an ORS 153.045 unlf61.111 violation citation form is ]lot used, then a complaint lender 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.
F. A certificate conforming to DCC 1. 16.090 shall be deemed equivalent to a sworn complaint.
G. When the complaint is certified by a private person, the court shall cause the su111nlons 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. 2011-023 §1, 2011; Ord. 2008-026, §1, 2008, Ord. 2007-028 §1, 2007; Ord.2002-016 §9, 2002; 98-
010 §1, 1998; Ord. 87-005 §1, 1987)
1.16.080. Code Enforcement Officials- Appointment Status.
The appointment of a county officer to enforce violations of county ordinances shall be continuous until
such appointment is revolted by the County Administrator or where such officers are employees, upon
separation from employment.
(Ord. 201 1-023 § 1, 2011; Ord. 2002-016 §9, 2002; 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 platters set forth therein,
commits a Class A violation.
(Ord. 2002-016 §9, 2002; 98-010 §2, 1998)
Chapter 1.16
(68/2014 3)
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