HomeMy WebLinkAboutOrdnc 004 - Change Fines for Consistency
Deschutes County Board of County Commissioner
1300 NW Wall St., Ste 200, Bend, OR 97701-1960
(541) 388-6570 – Fax (541) 385-3202 – www.deschutes.org
AGENDA REQUEST AND STAFF REPORT
For Board Business Meeting of May 14 , 2014
________________________
Please see directions on the next page for completing this document
DATE: March 5, 2014
FROM: Laurie Craghead Dept.: Legal Ph.: 541-388-6623
TITLE OF AGENDA ITEM: Consideration of First Reading by Title Only of Ordinance
2014-004, Amending Deschutes County Code 15.04.200 to Be Consistent with DCC Chapter
1.16
PUBLIC HEARING ON THIS DATE? NO Has public notice been given? N/A
BACKGROUND AND POLICY IMPLICATIONS:
On September 4, 2013, the Board of County Commissioners (“Board”) adopted Ordinance 2013-
015 that amended Deschutes County Code 1.16.010 to bring the County’s fines in line with those
in ORS Chapter 153. That ordinance became effective on December 3, 2013.
The same change, however, was not made to DCC 15.04.200(B), which still includes a
maximum fine for building code violations in an amount that was equal to the previously
adopted fine amounts in DCC 1.16.010. Ordinance 2014-004 amends DCC 15.04.200(B) to
mirror DCC Chapter 1.16.
As it stands now, with the adoption of Ordinance DCC 2014-003, there is an inconsistency
between DCC. 1.16.010 (D) that requires the fine to be $2000 and DCC 15.04.200(B) that sets
the fine at $720. By statute, however, a continuing fine cannot be more than $1000 per day.
This ordinance was previously before the Board on March 5, 2014 but was not considered given
the changes requested by the Board for Ordinance 2014-003.
FISCAL IMPLICATIONS: Higher presumptive fines for the designated violation may
mean more revenue for the County because the courts will not be able to impose a lesser fine.
Additionally, they might result in fewer code enforcement costs if the public knows that the fine
will remain steep.
RECOMMENDATION & ACTION REQUESTED:
MOTION: Move approval of first reading by title only of Ordinance 2014-004.
Second reading no earlier than 13 days from this date.
ATTENDANCE: Laurie Craghead
DISTRIBUTION OF DOCUMENT: N/A
PAGE 1 OF 2 - ORDINANCE NO. 2014 -004
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code 15.04.200 to Be Consistent with DCC
Chapter 1.16.
*
*
*
ORDINANCE NO. 2014-004
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
strikethrough.
Dated this _______ of ___________, 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
_____________________________________________
TAMMY BANEY, Chair
_________________________________________
ANTHONY DEBONE, Vice Chair
ATTEST:
______________________________
Recording Secretary
_________________________________________
ALAN UNGER, Commissioner
REVIEWED
______________
LEGAL COUNSEL
PAGE 2 OF 2 - ORDINANCE NO. 2014 -004
Date of 1st Reading: _____ day of ____________, 2014.
Date of 2nd Reading: _____ day of _____________, 2014.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney ____ ____ ____ ____
Anthony DeBone ____ ____ ____ ____
Alan Unger ____ ____ ____ ____
Effective date: _____ day of ____________, 2014.
Chapter 1.16 1 (38/2014)
Page 1 of 1 – EXHIBIT A TO ORDINANCE 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
adopted therein is also subject to a civil penalty not to exceed $720.00 per day the violation exists.
C. 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 (D), 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.
FE. 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.
GF. 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)