HomeMy WebLinkAbout2008-11-10 Work SessionREVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Chapter 1.16, Code Violations and Enforcement,
Increasing the Fines for Deschutes County Code
Violations, Clarifying Continuing Violations and
Declaring an Emergency.
ORDINANCE NO. 2008-026
WHEREAS, Deschutes County Legal Counsel requested a text amendment to Deschutes County Code
("DCC") Chapter 1.16, Code Violations and Enforcement, to increase the fines for Deschutes County Code
violations and to clarify continuing violations; and
WHEREAS, the 2003 Oregon Legislature increased the fines in ORS 153.018(2) for violations, bit
DCC 1.16.010(B) was not amended to reflect the same fine amount as for statutory violations; and
WHEREAS, amending DCC 1.15.010(B) to reflect the fines listed in ORS 153.018(2) would allow the
violation fines to be the same as the statutory fines; and
WHEREAS, deleting DCC 1.16.010(C) and adding language to DCC 1.16.020 clarifies what is and how
to issue a citation for a continuing violation; and
WHEREAS, adding DCC 1.16.015 clarifies who may be cited for a violation of the county code; and
WHEREAS, the Board of County Commissioners ("Board") considered this matter at a public meeting
on November 3, 2008 and concluded that the public will benefit from changes to the land use regulations; and
WHEREAS, the above additions, deletions and clarifications are needed immediately for Deschutes
County code enforcement personnel to be able to appropriately enforce and prosecute and the courts to
determine current code violations as well as those that may be discovered in the near future; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter, 1.16, Code Violations and Enforcement, is amended to
read as described in Exhibit "A", attached and incorporated by reference herein, with new language underlined
and deleted language set forth in st:rilkethreutgh.
PAGE 1 OF 2 - ORDINANCE NO. 2008-026 (11/12/08)
Section 2. EMERGENCY. This Ordinance being necessary for the public peace, health and safety.,
an emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, CHAIR
TAMMY BANEY, VICE CHAIR
Recording Secretary MICHAEL M. DALY, COMMISSIONER
Date of 1St Reading: day of , 2008.
Date of 2' Reading: day of , 2008.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tammy Baney
Michael M. Daly
Effective date:
ATTEST:
day of , 2008.
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2008-026 (11/12/08)
Chapter 1.16. CODE VIOLATIONS AND ENFORCEMENT
1.16.010.
1.16.020.
1.16.030.
1.16.032.
1.16.035.
1.16.040.
1.16.045.
1.16.050.
1.16.060.
1.16.070.
1.16.080.
1.16.090.
Violations Deemed Class A or B Classification -Penalties.
Continuing Violations.
Violation Procedures -Statutory Provisions Adopted.
Base Fine Amounts and Violation Classification for Water Supply, On -Site Sewage,
Building Code, Subdivision Regulations and Land Use Regulation Violations.
Search Warrants -Statutory Provisions Adopted.
Other Remedies Not Precluded.
Private Right of Action.
Stop Work or Use Tag Violations.
Continuation of Certain Liabilities.
Code Enforcement Officials -Designation by Board.
Code Enforcement Officials- Appointment Status.
Penalty for False Information on Noise or Animal Control Violation.
1.16.010. Violations Deemed Class A or B Classification -Penalties.
A. -Violation of a county ordinance shall be punishable, upon conviction, by fine ex4y 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.
BC. A sentence to pay a fine for a violation of a county ordinance shall be a sentence to pay an amount not
exceeding:
1. Seven hundred and twenty dollars for a Class A violation; or
2.- Three hundred and sixty dollars for a Class B violation.
(Ord. 2008-026, §1, 2008; Ord. 2003-021 §3, 2003; Ord. 2002-016 §9, 2002; 86-076 §1, 1986)
1.16.015. Strict Liability
A. All of the offenses in the Deschutes County Code are strict liability offenses and do not
require the proof of any culpable mental state unless the code provision defining the offense
expressly provides that culpability is required.
B. It is no defense to prosecution under any provision in this code that the actor was not the
person who actually created, moved, caused, or maintained the unlawful condition or use.
C. A person is liable for prosecution under any provision of this code:
1. If the person created, moved, caused, or maintained an unlawful condition or
use;
2. If the person aided or abetted another person in creating, moving, causing, or
maintaining an unlawful condition or use;
3. If the person is in actual or constructive possession of premises on which an
unlawful condition or use or is found; or
4. If the person has any interest, other than a security interest, in premises on
which an unlawful condition or use is found.
(Ord. 2008-026, §1, 2008)
Page 1 of 4 — EXHIBIT "A" TO ORDINANCE 2008-026
Chapter 1.16 1 (/200;8)
1.16.020. Continuing Violations.
A. When a violation is of a continuing nature, a separately punishable violation ccurs
on each calendar day the violation continues,
B. The complaint for a continuing violation will clearly state the following:
1 The ongoing or uninterrupted nature of the violation;;
2. The date the violation is alleged to have first occurred;
3. The dates or range of dates of each day of the continuing or uninterrupted violation; and
3. The amount of the fine for each day's violation.
(Ord. 2008-026, § 1, 2008; Ord. 2003-021 §4, 2003; Ord. 2002-016 §9, 2002; 86-076 §2, 1986)
1.16.030. Violation procedures -Statutory provisions adopted.
The violation procedures as set forth in ORS 8.66-5-153.030 to 153.145 and 153.990 shall be the procedures
for county ordinance violations, and are adopted hereby by reference.
(Ord. 2008-026, §1, 2008; Ord. 2003-021 §5, 2003; Ord. 2002-032 §1, 2002; 2002-016 §9, 2002; 86-076 §3,
1986)
1.16.032. Base Fine Amounts and Violation Classification for Water Supply, On -Site Sewage,
Building Code, Subdivision Regulations and Land Use Regulation Violations.
A. Notwithstanding 1.16.030, for violations of Chapters 13.04, 13.08, 15.04 and 15.10 and Titles 17 and
18, the base fine amount shall be the fine amount.
B. Violations of Chapters 13.04, 13.08, 13.36, 15.04 and 15.10 and Titles 17 and 18 constitute Class A
violations.
(Ord. 2002-032 §1, 2002.)
1.16.035. Search warrants -Statutory Provisions Adopted.
A. The definition of "offense" as set forth in ORS 161.505 is adopted:
B. An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any
law of this state or by any law or ordinance of a political subdivision of this state. An offense is a crime
or a violation.
BC.ORS 133.535 (3), which allows for property that has been used, or is possessed for the purpose of being
used, to commit or conceal the commission of an offense to be the subject of search and seizure is
adopted hereby by reference.
DG.The procedure established for obtaining search warrants as set forth in ORS 133.545 through 133.703 is
adopted hereby by reference.
(Ord. 2003-021 §6, 2003; Ord. 96-025 §1, 1996)
1.16.040. Other Remedies Not Precluded.
The procedure established by DCC 1.16.010 through DCC 1.16.060 shall be the exclusive procedure for
imposing a fine; provided, however, such sections shall not prohibit, in any manner, alternative remedies,
including but not limited to injunction, nor shall the County be prohibited from recovering any expense
incurred in any injunction action.
(Ord. 86-076 §4, 1986)
Page 2 of 4 — EXHIBIT "A" TO ORDINANCE 2008-026
Chapter 1.16 2 (1200;8)
1.16.045. Private Right of Action.
A. Any person, whether acting as principal, agent or employee, whose interest is or may be affected by any
violation of a Deschutes County ordinance may, in addition to the other remedies provided by law, file
an violation complaint in the following manner:
1. The private citizen shall prepare and present the violation complaint to the appropriate enforcement
officer.
2. If the enforcement officer fails to act upon the violation complaint within 30 days, the citizen may
submit the violation complaint to Deschutes County Legal Counsel (legal counsel).
3. Legal counsel shall investigate the alleged violation of a county ordinance and, after consultation
with the appropriate department head, shall either
(4-)-a. have the violation complaint served and prosecute, or
(2)-b. decline to have the violation complaint served or to prosecute.
4. Legal counsel shall notify the private citizen of said action within ten days from the date the
violation complaint is presented to legal counsel.
25. The private citizen, following notice by legal counsel of legal counsel's decision not to prosecute,
may, within 60 days of such notice, bring an action under the authority granted by DCC 1.16.045, in
the citizen's name against the alleged violator in the same manner and form as provided by a civil
violation complaint.
6. Should the private citizen prevail against the violator, any fine imposed and special costs shall be
awarded to the plaintiff private citizen.
B. A decision by legal counsel not to prosecute a zoning ordinance violation shall not be deemed to
constitute a land use decision.
(Ord. 2002-016 §9, 2002; 97-058 §1, 1997)
1.16.050. Stop Work or Use Tag Violations.
After a stop work or use tag is posted, any person continuing work or use commits a separate violation.
Violation of a stop work or use notice constitutes a Class A violation.
(Ord. 2002-016 §9, 2002; 86-076 §5, 1986)
1.16.060. Continuation of Certain Liabilities.
A. The repeal of Ordinances 82-012 and 86-027 by the ordinance codified in DCC 1.16.010 through
1.16.060 shall not extinguish any penalty, forfeiture or judgment imposed or liability incurred under
Ordinance 82-012, as amended by Ordinance 86-027.
B. Ordinances 82-012 and 86-027 shall remain in full force and effect for the purpose of enforcement of
any penalty, forfeiture or judgment imposed thereunder or liability incurred thereunder.
(Ord. 86-076 §6, 1986)
1.16.070. Code Enforcement Officials- Designation by Board.
A. The Board, by order, shall designate individuals, in addition to peace officers, who are employees or
agents of the county, to enforce violations of county ordinances.
B. Private individuals who commence actions under subsection BC of this section are not agents or
employees of the county.
BC.A private person may commence an action for a noise offense under DCC 8.08, or an animal control
violation under DCC 6.08 by signing the complaint before a magistrate, clerk or deputy clerk of the
court or sheriff's deputy.
D. Theis action commenced by a private person wishall be entered in the court record.
GE. If an ORS 153.045 uniform violation citation form is not used, then a complaint under DCC
1.16.070(B) shall contain a statement that the complainant shall certify, under the penalties provided ir
Page 3 of 4 — EXHIBIT "A" TO ORDINANCE 2008-026
Chapter 1.16 3 (/200;8:
DCC 1.16.090, that the complainant has reasonable grounds to believe, and does believe, that the person
cited committed the offense contrary to law.
F. A certificate conforming to DCC 1.16.090 shall be deemed equivalent to a sworn complaint.
GB. When the complaint is certified by a private person, the court shall cause the summons to be
delivered to the defendant. The court may require the County Sheriff's Office to serve the summons as
provided in ORS 153.535(1).
(Ord. 2008-026, §1, 2008, Ord. 2007-028 §1, 2007; Ord.2002-016 §9, 2002; 98-010 §1, 1998; Ord. 87-005
§1, 1987)
1.16.080. Code Enforcement Officials- Appointment Status.
The appointment of a county officer to enforce violations of county ordinances shall be continuous until
such appointment is revoked by the Board.
(Ord. 2002-016 §9, 2002; 87-005 §2, 1987)
1.16.090. Penalty for False Information on Noise or Animal Control Violation.
Any person who, in connection with the issuance of a complaint for a noise or animal control violation as
defined in DCC 8.08 or DCC 6.08 respectively, knowingly certifies falsely in the matters set forth therein.
commits a Class A violation.
(Ord. 2002-016 §9, 2002; 98-010 §2, 1998)
Page 4 of 4 — EXHIBIT "A" TO ORDINANCE 2008-026
Chapter 1.16 4 ((200 =8)