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2014-296-Ordinance No. 2014-004 Recorded 6/14/2014 296 REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS CJ 2014,296 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 06112/2014 10:35:31 AM LEGAL COUNSEL 1IUIII)flIIIIIIIII 0 II I 2014-29 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County * Code 15.04.200 to Be Consistent with DCC * ORDINANCE NO. 2014-004 Chapter 1.16. * WHEREAS, on September 4, 2013, the Board of County Commissioners ("Board") adopted Ordinance 2013-015 that amended Deschutes County Code("DCC") 1.16.010 to bring the County's fines in line with those in ORS Chapter 153 and that ordinance became effective December 12, 2013; and WHEREAS, DCC 15.04.200(B), the maximum fine for building code violations, was not updated with Ordinance 2013-015 and currently has a maximum fine less than what is stated in DCC 1.16.010(D) resulting in an inconsistency in the two code provisions; now,therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 15.04.200 is amended 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 trikethrough Dated this ti.5_ of ji"-A--4-5 2014 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ( �; TAMMY BANEY, Chair afrOlea - ANTHONY DEBONE,Vice Chair ATTEST: fa/144AL fLktA--- di a.........-- LLIA.."--___ Recording Secretary ALAN UNGER, Commissioner 1 PAGE 1 OF 2-ORDINANCE NO.2014-004 Date of 1st Reading: l day of , 2014. Date of 2nd Reading: qday of ,2014. Record of Adoption Vote Commissioner Yes No Abstained Excused Tammy Baney Anthony DeBone Alan Unger ri Effective date: )Al day of ., 2014. PAGE 2 OF 2-ORDINANCE NO.2014-004 15.04.200. Violation-Penalty. A. Violation of any provision of DCC 15.04, any specialty code or building code requirement administered by the County pursuant to this chapter,ORS 455.153,or the fire code is a Class A violation. B. A person liable for prosecution under DCC 1.16.015(C) for a violation of DCC 15.04 or any code E. The building official may initiate proceedings to assess a civil penalty for any violation of this chapter or codes adopted herein except for violations of the fire code. DC.A fire chief is authorized to initiate proceedings under DCC Chapter 1.17 to assess a civil penalty for a violation of the fire code. ED.Notwithstanding DCC 1_16.010(C) and CQJ,__A in the case of a continuing offense, a civil penalty for a violation under a building inspection program may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895 $1,000.00 per day the violation exists. T . The building official, a building inspector, or a fire chief may not serve as a hearings officer in proceedings to assess civil penalties under this chapter 1.17 of this code. OF.A fire chief is authorized to issue citations that charge a person with a violation of the fire code. (Ord. 2014-004. §1,2014; Ord.2011-022, §1,2011;Ord.2003-021 §31,2003; Ord.96-055 §2, 1996;Ord. 95-063 §1, 1995; Ord. 83-056 §17, 1983) Chapter 1.16 1 (38/2014) Page 1 of 1 —EXHIBIT A TO ORDINANCE 2014-004