Ordinance No. 86-35 CITY OF TIGfA1RD(,f eOREGON
VRDIIY riivv" Nd. Viii �
AN ORDINANCE AMENDING CHAPTER 5 AND CHAPTER 7, OF THE CIVIL INFRACTIONS
ORDINANCE.
WHEREAS, on April 14, 1986, the City Council passed Ordinance 86-2.0, adopting
the Civil Infractions Ordinance;
WHEREAS, ::hc C t; Council desires to amend the Civil Infractions Ordinance so
as to remove from the code enforcement officer(s) the discretion to reduce the
amount of a civil penalty, that authority to reside solely with the code
hearings officer; and
WHEREAS, the City Council desires to establish the amount of the security
deposit for a hearing under the Civil Infractions Ordinance at $50.00;
THE CITY OF TTGARD ORDAINS AS FOLLOWS:
Section 1: Section 5D(2)(b)(iv) shall be amended to read as follows:
Language to be added is shown in [brackets] and language to be
deleted is underlined.
(iv) The date, time and place at which the hearing on the
infraction is to take place, an explanation of the
respondent's obligation to appear at the hearing, and
that amount of the security fees required for the hearing
[;] is $50.00, subject to waiver as provided in 5E(3)(b);
Section 2: Section 5D(2)(c)(iii) is amended to read as follows:
(iii) A notice that if the respondent denies having committed
the alleged infraction and requests a hearing on the date
indicated on the front of the summons, [the] security
fees [appropriate for the charge] in the amount of,_$50.00
must accompany the denial [;], subject to waiver as
provided in 5E(3) b);
Section 3: Section 5D(2)(b)(iii) is amended to read as follows:
(iii) The infraction with which the respondent is charged, the
class of the infraction and the maximum civil penalty for
the infraction.° [The code enforcement officer is
authorized to reduce the amount of the penalty when paid
by the respondent pursuant to Section `aD�2��C��'•'��
Section.4: Section 5D(2)(c)(iv) is amended to read as follows:
(iv) A notice that, if the respondent admits having committed
the alleged infraction as charged, cash, a check or a
money order in the amount shown on the front of the
summons, must accmpany the admission[,]_ [except that the
respondent will be further notified of the code
enforcement officer's authority to reduce the penalty
pursuant to Section 5D(2)(b)(iii)].
ORDINANCE N6. 80-
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Section 5: Section 5E(2)(a) is amended to read as follows:
(a) If the respondent admits the infraction, the respondent may
completa the appropriate answer on the hack of each summons and
forward the summons to the civil infraction hearings officer.
Cash, a check or a money order in the amount of the civil penalty
for the infraction, as shown on the front of the summons, shall be
submitted with the answer,;, [unless the respondent and code
enforcement officer reach agreement on a penalty reduction
® pursuant to Sections 5D(2)(b)(iii) and 5D(2)(c)(iv)3. An
appropriate order shall be entered in the records of the civil
infr•acton hearings officer indicating the receipt of the civil
penalty.
PASSED: By vote of all Council mefitbers pr•eseni aii.er
being read by number and title only, this day
of1986.
it
APPROVED: This � � day of �4� 1986.
� /Jghr1—E. Cook, Mayor
4 (2580P)
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