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Ordinance No. 86-41 CITY OF TIGARD, OREGON - ORDINANCE %10 86- 1 � AN ORDINANCE AMENDING CHAPTER 5 AND chapter 7, OF THE CIVIL INFRACTIONS ORDINANCE. WHEREAS, on April 14, 1986, the City Council passed Ordinance No. 86-20, adopting ;.he Citioil -infractions Ordinance, WHEREAS, the City 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 civil penalty, that authority to reside solely with the code hearings officer; and WHEREAS, the City Council desires to establish Une aiiiou�it of the z;zcurity deposit for a hearing under the Civil Infractions Ordinance at $50.00; THE CITY OF TI;ARD ORDAINS AS FOLLOWS: Section 1: Secton 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. (v) 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 a provided 5E(3)(b);] Section 2: Section 50(2)(c)(iii) is amended to read as follows: (711) H noL10E tinaC LI ane r Cap'✓nu.en a. ut„aa3 ha,v—.y ..............___ the alleged infraction and requests a hearing on the date indicated on the front of the summons, the security lees appropriate for the charge [in the amount of $50.00] must accompany the denial i, [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 5D(2)(c)(iv). ;x ORDINANCE NO. 86- -- Page 2 ORDINANCE NO. 86- Page .2 . Section A: Section 5D(2)(c)(iv) is amended to read as follows: (iv) A notice that, if the respondent admits having commited the alleged infraction as charged, cash, a check or a ® money order in the amount shown on the front of the summons must accompany the admission]."' except that further notifiad of the code the resporaent_ will .:`e� __ __ enforcement officer's authority to reduce the penalty pursuant to Section 50(2)(b'(iii). Section 5: Section 5E(2)(a) is amended to read as follows: ®` (a) If the respondent admi.ts the intr,iction, the resPondent may complete the appropriate answer on the back of each summons and forward the summons to the civil infraction hearings officer. Lash, 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). An appropriate order shall be entered in the records of the civil infraction hearings offices indicating the receiwt of the civil penalty. 3 l PASSED: By (,(Y)c� n,1177�u.c vote of all Council members present after being read by number and title only, this - day of 1986. - Doreen R. Wilson, Acting City Recorder APPROVED: This day of 1986. n E. Cook. Flayor (2669P) ORDNANCE NO, 86 Page 3 , ORDINAN('E N0. 86 Page3