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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- Page i N 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) x , - H FIX 01 deL tC'' -. Y ORDINANCE NO. 86— Js'_ Page 2 �.x 7 ,