Ordinance amending AMC 9.24.055- Woodstoves / Fireplace Inserts concerning penalties.
|Meeting Date:||May 6, 2008||Primary Staff Contact:||Richard Appicello|
|Department:||City Attorney's Office||E-mail:||Appicelr@ashland.or.us|
|Secondary Dept.:||None||Secondary Contact:||None|
|Approval:||Martha Bennett, City Administrator||Estimate Time:||5 minutes|
Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Chapter 9.24, Removal and Disposal of Non-Certified Woodstoves and Fireplace Inserts, amending Section 9.24.055, relating to fines"?
Staff recommends Council approval of Second Reading by title only.
This ordinance is proposed to correct the penalties associated with violation of the woodstove / fireplace insert ordinance. When adopted last year the ordinance provided for penalties up to one thousand dollars. Unfortunately regardless of how significant an issue is to the City Council or staff, you cannot set a higher fine than the City Charter provides for a City ordinance violation. The City Charter provision, (likely from 1906) states:
Section 1. Violation of Charter, Ordinance and Laws The Council, at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to enact laws, ordinances and pass resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or the provisions of this Charter; and to provide for punishment of any person or persons found guilty by a competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter, by fine or imprisonment of such offender, until such fine and costs are paid; and to provide for the working of such persons so convicted on the streets of the City or at any other work, and to provide the compensation therefore to be applied on such fine and costs; but no fine shall exceed the sum of $500 and the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days.
Obviously because of the failure of the Charter update (which would have removed this limitation) the City is limited to $500.00 and the cost of prosecution. This ordinance must be amended to be consistent with the current Charter. This office will separately bring a proposed amendment to 1.08 to address appropriate fees for court costs - costs of prosecution. .At some point the Council will need to revisit elimination of outdated Charter provisions, (but not here).
Pursuant to Council Rules, [AMC 2.04.050] Councilor Silbiger contacted this office and suggested simplification of the woodstove penalty, section 1, from:
"The fine for violation of any provision of this Section shall be a minimum of $250.00 and a maximum of $500.00 excluding any required state and local assessments"
to the following,
"The fine for violation of any provision of this Section shall be $500.00 excluding any required state and local assessments.".
An equivalent change would be made in Section 2, "not less than $250.00 and not more than $500.00 as well as the cost of Court or Administrative proceedings to enforce the removal requirement" changes to … "shall be $500.00 as well as the cost of Court or Administrative proceedings to enforce the removal requirement"
I have not made this change, but if the Council wishes to make this change it we will read at the meeting.
|Related City Policies:|
City Charter Article 10, Ordinance adoption
(1) Move to approve Second Reading.
(2) Postpone consideration.
Staff: [Conduct Second Reading of Ordinance by Title only]
Council: Motion to approve Second Reading.
|Attachments: Click on the PDF file below to view the following attachments:|
• Proposed ordinance
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