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HomeMy WebLinkAboutOrdinance 5761 11/07/1994 . .. . .' 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 original 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 . 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. ~ City Recorder ---7 Ie nr;VIEWED 8~ APPHOV~;) ti~ TO FORM \ 'L -..JO~C<?~ -.J c.('\~'1 ""'~"'.,~ - bATE: ~~-.:i ~~I \ ~ ~ ,.t,== OFFICE OF CITY ATTORNEY CITY or SPRH\JGFIELD .