HomeMy WebLinkAboutOrdinance 5761 11/07/1994
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ORDINANCE NO. 5761 (GENERAL)
AN ORDINANCE AMENDING SECTION 5-15-8 "HEARING" OF ARTICLE 15 "CIVIL
ENFORCEMENT OF CODE INFRACTIONS" OF CHAPTER V "OFFENSES" OF THE
SPRINGFIELD CODE PERTAINING TO CIVIL INFRACTIONS AND DECLARING AN
EMERGENCY.
THE CITY OF SPRINGFIELD, OREGON DOES ORDAIN AS FOLLOWS:
section 1. section 5-15-8(4) of Article 15 "civil Enforcement of
Code Infractions" of Chapter V "Offenses" of the Springfield Code
is hereby amended as follows:
5-15-8 (4) If the person alleged to have committed the civil
infraction desires that witnesses be ordered to appear by subpoena,
he or she must so request in writing from the Court by mail at any
time at least ten days prior to the scheduled hearing. A deposit
for each witness to be subpoenaed shall accompany the request, such
deposit to be refunded if no forfeiture is assessed by the court.
The deposit shall be in the amount of equal to the witness fee
allowed by statute for witnesses in circuit Court. Subject to the
same ten-day limitation, the complaining official or the citizen
who signed the complaint, as appropriate, may also request the
Court that certain witnesses be ordered to appear by subpoena. In
addition, subpoenas may be issued by the City Prosecutor or the
City Attorney. If a forfeiture is ordered by the Court, the order
shall also provide that the person ordered to forfeit shall pay all
witness fees incurred by the city in connection with the hearing.
section 2. section 5-15-8(9) of Article 15 "Civil Enforcement of
Code Infractions" of Chapter V "Offenses" of the Springfield Code
is hereby amended as follows:
5-15-8-(9) The Court shall maintain a transcript
proceedings. The transcript must contain a copy of all
entries relating to the proceedings together with all the
paper relating to the proceedings filed with the Court.
of its
material
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section 3. section 5-15-8(10) of Article 15 "Civil Enforcement of
Code Infractions" of Chapter V "Offenses" of the Springfield Code
is hereby amended as follows:
5-15-8 (10) The determination of the Municipal Court shall be
final. Any party to the litigation may appeal the Court's order in
accordance with ORS 221.350 and ORS 53.010 through ORS 53.130 to
the District Court within thirty days of entry of the Municipal
Court ordering the forfeiture. If no appeal is taken to the
District Court within the thirty day time limit as required, the
Court may purge its records of all exhibits.
Ordinance No. 5761
Pctge. -Two
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section 4. It is hereby found and determined by the Common
Council that matters pertaining to the civil Enforcement of Code
Infractions are matters affecting the public health, safety, and
welfare, and that an emergency therefore exists, and that this
ordinance shall therefore take effect immediately upon its passage
by the Council and approval by the Mayor.
Adopted by the Common Council of the City of springfield by a vote
of -L in favor and 0 against this 7th day of
November, 1994.
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OFFICE OF CITY ATTORNEY
CITY or SPRH\JGFIELD
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