HomeMy WebLinkAboutPL611
FOR DESCHUTES COU'N1Y
In the Matter
of an
Ordinance Providing
a Uniform Complaint
Citation 1,11'ethod for
Enforcement of
the
State Building Code
and Deschutes
County
Zoning, Subdivision,
Partition and
Solid
Waste Ordinances.
AVOV
ROS- t: 1-11/19
AMEND :`ENT TO COU,1-!,z.,,S P4 rt4�SOJV
ORDINANCE NO. PL -6 coljtV7
This matter having come before the Board of Co.ssioners upon
of the Deschutes County Building Department; and
the request
WHERF-AS, the Board finds that it is in the best interests of the efficient.
administration -of the State Building Code to provide for citation of violators
pursuant to Ordinance PL -6; that the current method of requiring a fifteen -day
delay between the issuance of the stop work order and the citation is unworkable;
that the current form of warning notice improperly threatens prosecution; that
Sanitation Department employees should be empowered to cite individuals in order
to decrease the burden on the County Sheriff in matters that do not normally
involve taking persons into custody; that ORS 203.035 permits adoption and amend-
ment of County Ordinances providing for -exercise by ordinance of authority over
matters of County concern to the fullest extent allowed by the- Constitutions and
Laws of the United States and of this State; and that the cr warninnotice form
may not threaten prosecution; 0
NOW, THEREFORE, the Board of Commissioners of Deschutes County ordains as
follows®
ti
Section 3 of County Ordinance PL -6 is hereby amended to read as follows
(underlining indicates additional language/deleted portions
on& are in brackets):
"(a) No citation shall be issued pursuant to this Ordinance unless,
at least fifteen days prior to service of such citation, a warning
notice giving a brief description of the violation alleged to exist
is first served upon the person accused of the offense or posted on
the property where the violation is alleged to exist. The warning
notice shall further contain the name of the County Department to
contact regarding the violation, the name of the person issuing, the
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warning notice, the date the warning was issued and a statement that
Efailure to correct the alleged violation or to contact the appropriate
County Department may result in issuance of a formal citation to the
Deschutes County District Court] this Ordinance. provides that a
formal citation may be issued unless *L -p- violation is corrected or
arrangements are made for correction. and that persons receiving
citations will be subject to prosecution in the District Court of
State of Oregon for Deschutes County.
"(b) Notwithstanding any other provision of this Ordinance
vhen a
stop work order is issued by the Buildf�g Department, and there is
probable cause to believe that the s - top wort: order has not been obeyed
within 24 hours after the issuance thereof, the -Building Official,
his deputy or his delegate may issue a citation alleging violation of
the State Buildin-, Code."
PAGE --1- AIMENDMENYr TO Oi0l',1ANCE PL -6
E
.Section 4(d) of County Ordinance PL -_6 is hereby amended to read as follows
(underlining indicated additional language):
"(d) The complaint shall contain a form of certificate by the complainant
to the effect that he certifies that he hats reasonable grounds to believe,
and does believe, that the person cited comitted the violation contrary
to the State Building Code, or the zoning, subdiv
ison or solid waste
ordinance made and provided by Deschutes County, Oregon. The certificatio-n,,'�
if made by a Planning- Sanitation, or Building Department- employee, need
not be made before a District Court judge, Clerk or Deputy Clerk of the
District Court of Deschutes County, and this action will be entered in the -7
court record. The reverse side of the complaint.shall contain the court --
record and contain the substance of the matter appearing an the reverse
side of all uniform complaints used in the District Court of the State cf
Oregon in Deschutes County or otherwise directed by the District Court® A
certificate conforming to. this section shall be deemed equivalent to a
sworn statement.
The foregoing amendment to County Ordinance PL -6 is deemed immediately
necessary to preserve the health, safety and general welfare of the people of
Deschutes County, in that the Board finds that buildings are presently completed
between the time a stop work order is made and the issuance of a citation, and the
builder, due to the* fifteen -day delay required by the present Ordinance, often
cannot be served; an emergency is declared to exist and this amendment to
County Ordinance PL -6 shall take effect immediately upon passage®
The foregoing amendment to Ordinance PL -6 was duly passed by the Deschutes
County Board of Commissioners on the 7th day of November, 1979.
BOARD OF COUNTY MMISSIONERS
C
C C:JPARD, Chairfan
ALB RT A. YOUNG, Commi on
er
ATT -
ROSIEI.�IA2,Ny PATTERSON—
Deschutes County Clerk_,
PAGE -2- A-MENDMENT TO ORDINAINCE PL -6
ROBERT C. PAULSON, - JR., COmmissione
rM
9 follows:
10 Section I Purpose
11 The purpose of this ordinance is to provide a uniform complaint
12 and citation for violation of the County zoning, subdivision, and
0
13 solid uraste ordinances in order to facilitate enforcement of
14 violations occurring within the unincorporated area of Deschutes
15 County.
16 Section 2 Authority
17 This ordinance is enacted pursuant to the authority granted to
18 general law counties by ORS 215.110, 459.120 and 203,035.
19 Section 3. Issuance of Warning Notice
20 No citation shall be issued pursuant to this ordinance unless,
21 at least fifteen days prior to service of such citationrning
a w a
22 notice giving'a brief description of the violation alleged to exist
23 is first served upon the person accused of the offense or posted on
24 the property where the violation is alleged to exist. The warning
25 notice shall further contain the name of the County.Department to
26 contact regarding the violation, the name of the person issuing the
Ordinance
N THE BOARD
OF COUNTY
COMM I S S I ON 1-1* RS
2
OF THE
STATE OF
OREGON
FOR THE conrry
OF
DILiSCHUYE'S
4
An Ordinance Providing a
Uniform Complaint and
PROPOSED
5
Citation Method for
ORDINANCE NO. •PL --6
Enforcement of the
a
Deschutes County Zoning,
Subdivision, and Solid
7
Waste Ordinances.
8
The Board of Commissioners
of Deschutes
County ordains as
9 follows:
10 Section I Purpose
11 The purpose of this ordinance is to provide a uniform complaint
12 and citation for violation of the County zoning, subdivision, and
0
13 solid uraste ordinances in order to facilitate enforcement of
14 violations occurring within the unincorporated area of Deschutes
15 County.
16 Section 2 Authority
17 This ordinance is enacted pursuant to the authority granted to
18 general law counties by ORS 215.110, 459.120 and 203,035.
19 Section 3. Issuance of Warning Notice
20 No citation shall be issued pursuant to this ordinance unless,
21 at least fifteen days prior to service of such citationrning
a w a
22 notice giving'a brief description of the violation alleged to exist
23 is first served upon the person accused of the offense or posted on
24 the property where the violation is alleged to exist. The warning
25 notice shall further contain the name of the County.Department to
26 contact regarding the violation, the name of the person issuing the
Ordinance
I
I
1�:a- d and a statement
1 .,,jrjjijjc, notice, the date the u- j. issued ue
1 C,
2 that
failure to corroct the alieged. jjolt t-jon or to contact the
3
County DepartTient i a, -result in issuance of a formal
A citation to the Deschutes County District Court.
Section 4 Requirements of Citation; Form and Content
5
(a) A Citation conforming to the requirements of this
6
d for all zonin
ordinance may be use zoning, subdivision and
solid waste ordinance violations committed in the
7
presence of the complainant and i�ihicb occur in the
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unincorporated areas of Deschutes County, Oregon.
8
(b) The citation shall consist of at least three parts.
9
Additional parts may be inserted for administrative
10
use. The required parts are:
11
(1) Complaint;
(2) Planning Department's record of violation;
C,
12
(3) Summons.
13 -
(c) Each of the parts shall contain the following information
be
or blanks in which such. information shall entered:
14
(1) Name of' the court and the court®s docket or file
15
number;
16
(2) Name of the person cited;
17
(3) Section of the ordinance violated;
18
(4) Brief description of the violation of which the
person is charged in such nanner as can be readily
19
understood by a person making a reasonable effort
to do so,, the date and place at which the violation
20
occurTcdoccurred,the date on which the citation was
issued and the name of the complainant;
z}2
(5) The time and place whe re the person cited is to
-
L 22
appear in court;
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b 23
(6) The bail, if any, fixed for the violation;
U
6 24
(7) The designation of the method of service and
that such service has been made;
C.
certification
25
a) 1%,Ilcn such service is by certified mail; return
6(a)(3)
26
receipt requested as de'scribcd at Section
Page
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2 Ordinance
19Deschutes County District Court
Bend., OrcgoA 97701
20
21
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Page 4 - Ordinance
Court; or,
3. Sian the plea of ,uilty J)Clo-.�: and send this
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C, I--2- "fit]! chec11- OT
o the Cour, toe,OtD3
su,11111olls tt
1110 no), ordoT in the ZIE101,111t Of bail indicated
ey side of this su:-.mons. THIS
oil the oth I
4
`
SUL"'EMONS AND THE BAIL MUST REACH THE COURT
BEFORE THE TINME WHEN THIS SU'--510-INS REQUIRES YOU
5
TO APPEAR IN COURT. 'NOTE: If you have
already given bail or other security for
6
your appearance, proceed as mentioned above
but do not send in any additional sum as
7
bail®
8
APPEARANCE, PLEA OF GUILTY AND WAIVER
1, the undersigned, do hereby enter my.
10
appearance on the complaint of the violation
charged on the other side of this summons. I
11
have been informed of my -right to a trial', that
T
my signature to this plea of guilty will have
CP
12
C�-ment of
the same force and effect as a judgment
court® I do hereby PLEAD GUILTY to said
13
violation as charged, WAIVE my right to a
HEARING by the Court, and agree to pay the penalty
14
prescribed for my violation.
TD—,ere—n Tcant'sXT a me-)
16
17
Defen ant's Address
18
MAIL YOUR REMITTANCE TO:
19Deschutes County District Court
Bend., OrcgoA 97701
20
21
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23
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Page 4 - Ordinance
1
of this crd' F'uch shal.] be stated on the
complaint and the required certification Of
2
service may be made upon receiptof the "return
r and after the filingof the complaint.
�-(d)
int shall contain a form of certificate by the
The complaint
4
complainant to the effect that he certifies that he has
reasonable grounds to believe, and does believe, that the
5
person cited committed the violation contrary to the
zoning,, subdivision or solid waste ordinance made and
6
2
provided by Deschutes County, Oregon. The certification,
C.,
if made by a Planning Departizent employee, need not -be
7
made before a magistrate or any other person. A private
person shall certify before a District Court judge, clerk
8
or deputy clerk of the District Court of Deschutes County,
and this action will be enteredin the court record. The
9
reverse side of the complaint shall contain the court record
and contain the substance of the matter appearingon the
10
reverse side of all uniform complaints used in the District
Court of Oregon in Deschutes County or otherwise directed by
11
the District Court. A certificate conforming to this section
shall be deemed equivalent to a sworn statement.
12
in addition, the summons shall contain a notice to the
13
person that the complaint will be filed with the District
Court of the State of Oregon for the County of Deschutes.
The reverse side of the summons shall contain the following
in a form substantially as follows:
15
16
READ CAREFULLY
17
You have been charged with a violation of the
Deschutes County (zoning, subdivision, solid waste)
C,
18
ordinance. You MUST do ONE of the following:
19
1. Appear in Court at the time mentioned in this
summons and request a hearing. The court will
20
then set a time for a hearing; or,
2. Mail to the Court this summons together with
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T
Z. O0. 2-1
a check- or money order in the amount of the
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5' U
bail indicated on the other side of this summons
G1 -0"J22
and tell the Court you request a hearing. THIS
0 0
SUMMONS AND THE BAIL MUST REACH THE COURT BEFORE
11 3:
23
THE TIME WHEN THIS SUMMONS REQUIRES YOU TO
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APPEAR IN COURT. If you do not want a hearing, but
24
wish to explain your side, send your explanation
with the summons and bail. The Court will. then
25
consider your explanation and may forfict your
bail or part of it, on the basis of your
26
explanation and what the complainant tells the
leap -e 3
ZI).
Ordinance
I
5
NoTicE
IF YOU FAIL* TO COMPLY WITH THESE
IIS:` TR U CT 10 NS, 'rill" COURT IS AU1J1ORJZFD TO ISSUE
3 A IVAR!'\.ANT FOR YOUR ARREST.
A
20
IF Y13LJ FAIL TO DO ON'P OF THE THREE
FOREGOING
PROCEDURES, OR FAIL TO APPEAR FOR
5
TRIAL AT
THE TIME SET BY THE COURT YOU MAY BE
CHARGED WITH
TllF ADDITIONAL AND SEPARATE
6
VIOLATION
OF FAILURE TO MAKE REQUIRED APPEARANCE.
7
THE COURT MAY IN ANY CASE, AFTER NOTICE,
U0,
� Qu-
REQUIRE YOU
TO APPEAR FOR A HEARING.
8
of the office of the District Attorney, and conform to
X
E
24
the procedures for certification and service as
10
(f) Any error
in transcribing information into the blanks
C�
provided
in the citation form when determined by the
11
Court to
be non -prejudicial to the Defendant's
defense,
may be corrected at the time of trial or
12
prior to
time of trial with notice being given to the
Defendant.
13
(g) Except as provided in Section 4(f) above, the complaint
14 shall be set aside by the Court only upon the motion
of the Defendant before plea, if it does not conform
15 to the requirements of this section.
16 Section 5 Commencement of Action for Ordinance Violations
17 (a) The Planning Director, or his designee, may issue a
citation for violation of the Deschutes County (zoning,,
18subdivision or solid waste) Ordinances committed in his
presence and when committed at any location within the
19 unincorporated area of Deschutes County, Oregon.
C>
Waction
20
ence an for an
(b) A private person may only comm-
Ordinance violation as provided in Section 4(d) of
1-0
5t%98
21
this ordinance and under the same conditions as provided
in subsection (a) of this section. The.commencement of
*
U.:,<Zuu
29
-
all actions by private persons for violations committed
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"VoCo
in their presence shall be upon the ordinance citation
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23
form and shall be at the discretion and in the judgment
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js,'
:)Q�
of the office of the District Attorney, and conform to
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E
24
the procedures for certification and service as
required at Section 4 and Section 6 of this ordinance
25
respectively.
26
Page
5 Ordinance
EM
11
Section 6 Service of Citation
11
21 if a citation is comijioncod as described in Sectj.oll 5(a)
or S(I)), the Planniiiu Di -rector or his dcsigiiec or a
1� peace officer,
respectively, shall serve or cause to
be served, the suitutions portion of such citation in one
of the follot,ling manners:
4>
5 (1) To personally serve the suTamons portion of the
citation on the Defendant. If the Defendant
6 cannot be found personally at his usual abode,
then service may be made to a member of his
7 family over 14 years of age -uyho resides at that
abode.
(2) If the Defendant is unk-nOIVD or unavailable* for
personal service by the citing officer, then the
summons portion of the citation, prepared by the
10 Planning Director or his designee maybe personally
served upon the Defendant by any peace officer
11 authorized to serve such citations.
6 -
Ordiiance
1:?
(3)
If, after reasonable and due diligence,, the
Defendant cannot be served in the manner prescribed
13
in subsections (1) and (2) hereinabove,, service of
the.summons portion of said citation may be made
14
by registered mail, return receipt requested,
ri
mailed to such person at his last known address
15
with postage prepaid thereon. For the purposes
of this ordinance, service by mail shall be deemed
16
perfected upon filing with the Court the return
receipt endorsed by said Defendant. As soon as
17
reasonably possible, provided, however, in no event
later than the appearance date, the complainant
18
shall file the complaint portion of the citation
with the Clerk of the District Court. When service
19
is not made at the time of commencement of the
complaint, proof of service shall be filed
20
immediately after service has been made.
0
t-0
�=Oc,
Section 7
Minimum Requirements for Summons
ei
C 7
22
(a) A summons
for an ordinance violation is sufficient if it
z V
contains the following:
23
EJ
(1)
The name of the court,, name of the person cited,,
2
date on which the citation i,. -as issued, name. of tllc,,
complainant and the time and place 'at which the
25
person cited is to appear in Court.
26
6 -
Ordiiance
18 such statement of complainant or other witness which may be presented
(2)
desc riptj.oyj or designation of the offense
%a
it, such a Manner that can be readily understood
2
rotice to Defendants;
Fixing Hearing Dates,; N
by a person mal-Jng a reasonable effort to do so an d
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I
the date and place in i,-hic.h the violation is alleged
z,. 99
21
to have, occiirrod..
ra
(3)
A C(Y7)y Of the coi-nplaint as set fort], in Section 4.
5
section
8 Appearance by Defendant
6
(a) The
Defendant shall either appear in Court at the time
j " "-,: '!
V 0 0 0
indicated
in the summons, or prior to. such time shall
7
deliver
'
to the Court the suT-mionstogether tother with check
C>
(a) If the
or
money order in the amount of the bail set forth on
8
the
summons,, together with:
C>
9
(1)
A request for a hearing; or
10
(2)
A statement of matters and explanation of
notice is waived, shall at least five days in
mitigation of the offense charged; or
11
(3)
The executed appearance, waiver of hearing and
12
of the
plea of guilty appearing on the summons.
13
'Section
9 Effect of Statement and Explanation in Mitigation
a warningC, that for failure to appear for the
14
If a Defendant has submitted to the Court a written statement
15
as provided
in Section 8(a)(2) it constitutes a waiver . of hearing
16
and consent
to judgment by the court declaring a forfeiture of all
17
or any part
of the bail as determined by the Court on the basis of
18 such statement of complainant or other witness which may be presented
Page 7 - ordinance
19 to
the Court.
%a
20
Section 10
rotice to Defendants;
Fixing Hearing Dates,; N
0Failure
to Appear; the Separate 0 fense of
z,. 99
21
Failing to Appear in Court Pursuant to
Citation,- Summons, Court Order o r at the
"r,� 9 S
22
Time Set for Trial of Case.
j " "-,: '!
V 0 0 0
Li
23
(a) If the
Defendant requests a hearing, or pursuant to
02uz.j
U
Section 10 (a), the Court directs that a hearing be hel.d,
24
the Court
shall fix a date and time for hearing and,
unless
notice is waived, shall at least five days in
25
advance
of the hearing, nail to Defendant a notice,
of the
date and time so fixed. The notice shall set
26
forth
a warningC, that for failure to appear for the
Page 7 - ordinance
hearing, the Defendant ii--'j, be cli-,ai-ccd v--ith a separate
I
,iljjj-c; to appear
and additional offense of fp in Court
2
pL11*S7uan+t to Court order, citltjc)ri or suiniiions, or at
tilne set for trial. of the
3
(b) Notice to the Defendant requiTed pursuant to Section
"notice
4
t-,- foyi-�l of a Court to
10(a) shall be made ill I -
appear" and be placed ill the United States mail
in his last kno%%in address
5
addressed to the Defendant
1+i til postage prepaid theyeOTI
6
(c) Failure of the Defendant to make appearance as set
(a) of this section, Will constitute
7
forth in subsection
failure to appear for hearing> if the Defendant
8
a
fails to appear when notified by the Court to appear
pursuant to subsection (b) of this section, he may be
9
charged with a separate and additional offense of
failingS, to appear in court pursuant to a Court order,
for trial of
10
or a citation or summons or at time set
Upon a finding by the Court that Defendant
11
the case.
did not make appearance as required pursuant to this
ordinance without due and good cause, the Defendant
12
shall be guilty of failure to appear,
13
Section 11 Hearing Discretionary with Court; Exception
14
(a) For any ordinance violation for which citation has been
issued, the Court may direct that a hearing be held,
15
Otherwise., the Court may enter the appropriate
impose a fine, direct that the fine be paid out
16
judgment,
of the bail deposited by the Defendant and -return any
amount by which the bail exceeds the fine.
17
(b) No fine may be imposed in excess of the amount of bail
18
deposited by Defendant unless a hearing is held.
19
Section 12 Warrant for Arrest
20
.,.
(a) If a person cited fails to comply with the provisions
0
of Section 7,, or if he fails to appear at any time fixed
K>0,821
by the Court, a warrant for his arrest may be issued by
u5n,,
X,OC-4
U I
g ty District Court plirsunnt
a Judge of the Deschutes CounL
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9 �', 22
C,
to ORS 13.3.060.
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,D,6
L1u0 0
a:L az 23(b)
No warrant of arrest may be issued pursuant to this
U VJ
S :3�-
section after a period of sixty days from the date of
-
24
entry of an order declaring (a forfeiture of bail or
other security given by the arrested person, unless a
that
25
warrant has been issued before the expiration of
period, the order of forfeiture --,hall. be deellied the
2^
final disposition of the case.
,y %'�'08
- Ordinance
Ao-
Section 13 Penalty for f,.,Ii-jure to Appear
Upon conviction of any person under Section lo(c) of. failure
3 tc) appear iqitho . ut due and ao0cj cause, he shall be punished by a
,j fine in addition to the fine and the court costs of the violation
5 for i,;hich he failed to appear and such additional fine shall. not
6 be more than $2'50-00-
7 Section 14 Emergency Declared
8 This ordinance being immediately necessary to aid enforcement
9 of the County's zoning, subdivision and solid waste ordinances,
10 an emergency is declared to exist and this ordinance shall take
C>
11 effect immediately upon passage.
12
13 The foregoing Ordinance was . duly passed by the Deschutes
14 County Board of commissioners on the 2-,�I_day of May, 1976.
15
Rle/cTdina Secretary:
19
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20
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2
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22
Approved
as to form.
23
0 T U Z -j
U tj
Chief Civil
Dep ty
0
24
U
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Page 9 - Ordinance
BOARD OF COMMISSI T ERS:
C�iairman
ommi sHer
-r r
0
omin ssioner