HomeMy WebLinkAboutOrdnc 105 - Code Enf Citations Classifications1
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 13, 2014
DATE: July 31,2014.
FROM: David DOYle~ Legal Counsel 541-383-6625
TITLE OF AGENDA ITEM:
Consideration of adoption of Ordinance 2014-105, creating section 1.08.025 of the DCC, designating
county job classifications that are authorized to issue code enforcement citations (with emergency
clause to allow immediate implementation).
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
It has been determined that citations issued for Deschutes County Code Violations by anyone other than
a sworn Sheriffs Deputy may not meet the requirements ofORS 153. Therefore, the adoption ofDCC
Chapter 1.08.025 will create a list ofthose officials of Deschutes County who are authorized to issue
code violations. It is important to note that the issuance of a citation does not mean the service of the
citation on the violator. In certain circumstances to be determined by the issuing party, service of the
citation may still be performed by a Deschutes County Deputy.
The addition of Chapter 1.08.025 shall be made effective immediately by declaration of an emergency.
FISCAL IMPLICATIONS:
May result in reduced charges to CDD for services of Sheriffs Office personnel.
RECOMMENDATION & ACTION REQUESTED:
Approval of Ordinance 2014-105
ATTENDANCE: Nick Lelack, CDD Director, David Doyle, Legal Counsel, John Laherty,
Assistant Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Nick Lelack, CDD Director
Legal Counsel.
REVIEWED
OOHL
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adopting Deschutes County Code *'
Section 1.08.025 Providing Code Enforcement *' ORDINANCE NO. 2014-105
Citation Authorization *'
WHEREAS, Deschutes County Code Chapter 1.08 provides that Deschutes County has authority over
matters of county concern; and
WHEREAS, timely and efficient enforcement of county codes is a matter of county concern; and
WHEREAS,ORS 153.042 provides that an "Enforcement Officer" may issue a violation citation only if
the conduct alleged to constitute a violation takes place in the presence of the enforcement officer and the
enforcement officer has reasonable grounds to believe that the conduct constitutes a violation; and
WHEREAS, ORS 153.005 defines an "Enforcement Officer," to include: "(k) Any Other person
specifically authorized by law to issue citations for the commission of violations;" and
WHEREAS, exclusive use of Sheriffs Office personnel to issue civil code enforcement violations is
often untimely and unduly burdensome to more pressing law enforcement needs; and
WHEREAS, certain county job classifications have direct contact with matters involving code
enforcement, now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. ADDING. DCC Chapter 1.08.025 is added to read as described in Exhibit "A," attached
hereto and by this reference incorporated herein.
II/
PAGE I OF 2 -ORDINANCE NO. 2014 -105
Section 2. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this ___of August, 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Effective date: __day of August, 2014.
PAGE 2 OF 2 -ORDINANCE NO. 2014-105
1.08.025. Code Enforcement Powers.
In addition to the authority and powers granted to the County by ORS Chapter 153, and any
other provisions of the Deschutes County Code, and upon authorization of the supervising
department head/elected official, the county job classifications listed below have full authority to
issue and prosecute any and all citations for violations of the Deschutes County Code:
A. Field Law Enforcement Technician;
B. Code Enforcement Technician;
C. Building Official;
D. Assistant Building Official;
E. Forester;
F. SanitarianlEnvironmental Health Specialist;
G. Community Development Director;
H. Planning Manager/Planning DirectorlPlanner;
I. Legal Counsel; and
J. Assistant Legal Counsel
(Ord.2014-105)
EXHIBIT "A" TO ORDINANCE 2014-105