HomeMy WebLinkAboutOrdnc 003 Presumptive Fines PacketDeschutes 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
F or Board Business Meeting of June 4, 2014
Please see directions on the next page for completing this document
DATE: May 19,2014
FROM: Laurie Craghead Dept.: Legal Ph.: 541-388-6623
TITLE OF AGENDA ITEM: Consideration of Second Reading by Title Only and Adoption
of Ordinance 2014-003, Amending Deschutes County Code 1.16.010 to Change "Base Fine" to
"Presumptive Fine"" and Set the Maximum Fine as the Presumptive Fine and Minimum Fine for
Certain Violations,
PUBLIC HEARING ON THIS DATE? NO Has public notice been given? N/A
BACKGROUND AND POLICY IMPLICATIONS:
On May 12,2014, the Board of County Commissioners ("BOCC") conducted the first reading of
Ordinance 2014-003. At that time, the commissioners expressed a desire for an additional
"WHEREAS" clause that reiterates the County's policy of seeking voluntary compliance with
the County Code before having a citation to court issued. That clause has been added to the
attached ordinance. It is:
"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"
The text in Exhibit A has not changed since the first reading.
The BOCC may conduct the second reading by title only and adopt the amended ordinance so
long as the above clause is fully read into the record.
FISCAL IMPLICATIONS: The increase in the Maximum Fine amount has been effective
only since December 3,2013. Thus, it is uncertain what effect raising the Presumptive Fine to
the Maximum Fine, along with the ability for the court to reduce the fine under certain
circumstances, will have.
RECOMMENDATION & ACTION REQUESTED:
MOTION 1: Move approval of second by title only of Ordinance 2014-003.
MOTION 2: Move adoption of Ordinance 2014-003.
ATTENDANCE: Laurie Craghead
DISTRIBUTION OF DOCUMENT:
Copy to Lori Furlong and Darryl Nakahira.
PAGE 1 OF 2 - ORDINANCE NO. 2014 -003
For Recording Stamp 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
“Presumptive Fine” and Set the Maximum Fine
as the Presumptive Fine and Minimum Fine for
Certain Violations
*
*
*
*
*
ORDINANCE NO. 2014-003
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:
/ / /
REVIEWED
______________
LEGAL COUNSEL
PAGE 2 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 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
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 (3/2014)
Page 1 of 1 – EXHIBIT A TO ORDINANCE 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, 13.36, 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 County Code provisions not listed in DCC 1.16.010(D), the Presumptive and
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 for Deschutes County Code violations; length of time of the violation has existed; 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)