2014-297-Ordinance No. 2014-003 Recorded 6/12/2014 DESCHUTES COUNTY OFFICIAL RECORDS CJ 1014.291
NANCY BLANKENSHIP, COUNTY CLERK
REVIEWED COMMISSIONERS' J
OURN AL
0611212014 10:35:45 AM
A__ 11411111011111
LEGAL COUNSEL 20
For Kecordingamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code 1.16.010 to Change"Base Fine"to * ORDINANCE NO. 2014-003
"Presumptive Fine"and Set the Maximum Fine
as the Presumptive Fine and Minimum Fine for
Certain Violations
WHEREAS, in 2011, ORS Chapter 153 was amended to remove references to a "base fine" and to
include provisions for a"presumptive fine"which is a fine amount to be written on a citation and is the amount
presumed to be charged a defendant unless the court orders a higher fine not to exceed the statutory maximum
fine or a lower fine not to be below the statutory minimum fine for a particular violation; and
WHEREAS, Deschutes County Code ("DCC") 1.16.010 currently requires that the "base fine" for a
DCC violation will not be lower than the maximum fine "for violations of Chapters 13.04, 13.08, 15.04 and
15.10 and Titles 17 and 18"; and
WHEREAS, Deschutes County Code Enforcement policy is to first make a concerted effort to obtain
voluntary compliance by violator and, as a last resort or in the case of a public health or safety hazard, issue a
citation to or seek an injunction in Circuit Court; and
WHEREAS, the Board of County Commissioners ("Board") finds that amending DCC 1.16.010(D)(1)
is necessary to change the term "base fine"to "presumptive fine"to set both the presumptive fine and minimum
fine at the Maximum Fine level in order to maintain the previous code intent of no fine be below the Maximum
Fine for violations of Chapters 13.04, 13.08, 13.36, 15.04 and 15.10 and Titles 17 and 18; now,therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
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PAGE 1 OF 2-ORDINANCE NO.2014-003
Section 1. AMENDMENT. DCC Chapter 1.16 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 stfiliethfeugh.
Dated this 7-of , 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAM BA Y, Chair
a4004(9/. —
ANTHONY DEBONE, Vice Chair
AT EST: ( G /
_
CtiCe..._Recording Secretary
ALAN UNGER, Commissioner
Date of 1st Reading: day of , 2014.
Date of 2nd Reading: day of ,2014.
Recor of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney L.--
Anthony DeBone
Alan Unger
Effective date: e)'r%�day of , , 2014.
PAGE 2 OF 2-ORDINANCE NO.2014-003
1.16.010. Violations Deemed Class A or B Classification-Penalties.
A. Violation of a county ordinance shall be punishable, upon conviction, by fine 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 the Maximum Fines provided in ORS 153.018.
D. Notwithstanding this section and DCC 1.16.030, for violations of Chapters 13.04, 13.08, 13.34,15.04
and 15.10 and Titles 17,and 18, and Title 19 the base-Presumptive and Minimum fine amounts shall
be the Maximum Fine amounts described in DCC 1.16.010(D).
E. For violations of Count Code _provisions not_listed in DCC 1.16.010(D) the Presumptive
Minimum Fine amounts shall be as provided in ORS Chapter 153.
F. Notwithstanding DCC 1.16.010(D), the court or the hearings officer may impose a fine lower than the
fine provided in those two sections upon a finding of mitigating factors including, but not limited to,
indigence of the defendant. severity of the violation, number of times defendant has been previously
cited Deschutes Counts' Code violations; length of time of the violation has and reason(s)_
the violation has not been cured.
(Ord. 2014-003, §1, 2014; Ord. 2013-015, §1, 2013; Ord. 2008-026, §1, 2008; Ord. 2003-021 §3, 2003;
Ord.2002-016 §9,2002; 86-076 §1, 1986)
Chapter 1.16 1 (3/2014)
Page 1 of 1 —EXHIBIT A TO ORDINANCE 2014-003
