HomeMy WebLinkAboutOrdnc 004 Consistent Fines Packet
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 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 2014-004, 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 May 12, 2014, the Board of County Commissioners (“Board”) approved the first reading of
Ordinance 2014-004. Nothing has changed in the ordinance or in the text since then.
This is a companion ordinance to Ordinance 2014-003, the ordinance that changes the
presumptive fine for certain County Code sections.
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. Additionally, if a daily fine is imposed, by statute, the daily fine
cannot be more than $1000 per day.
RECOMMENDATION & ACTION REQUESTED:
MOTION 1: Move approval of second reading by title only of Ordinance 2014-004.
Motion 2: Motion adoption of Ordinance 2014-004
ATTENDANCE: Laurie Craghead
DISTRIBUTION OF DOCUMENT: Lori Furlong & Darryl Nakahira
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.
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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)