AN ORDINANCE ADDING CHAPTER 1.32, GENERAL PROVISIONS, AND CHAPTER 1.36, GENERAL PENALTY; STANDARDIZING PENALTY PROVISIONS BY AMENDING SECTIONS 1.24.280 PENALTY; 3.04.110 PENALTIES; 3.36.080 NONCOMPLIANCE WITH RULES AND REGULATIONS; 3.48.140 PENALTIES; 3.52.080, PENALTIES; 3.56.130, PROTECTION FROM DAMAGE - PENALTY FOR VIOLATION; 3.56.171, WRITTEN NOTICE OF VIOLATION; 3.56.180, NON-CORRECTION CONSTITUTES VIOLATION, 4.04.030, PENALTIES; 5.04.280, PENALTIES; 5.16.030, OFFENSES AND PENALTIES; 5.20.140, PENALTIES; 6.08.120, PENALTIES; 6.12.150, PENALTIES; 6.28.070, PENALTY; 7.04.060, VIOLATIONS AND PENALTIES; 8.12.140, PENALTY; 9.04.120, VIOLATION & PENALTIES; 10.40.130, PENALTIES FOR VIOLATION; 11.28.070, PENALTIES; AND ADDING SECTIONS 2.04.070, 5.08.210, 7.08.030, 7.12.060, 7.16.070, AND 9.08.050, VIOLATION--PENALTIES; OF THE YAMHILL MUNICIPAL CODE; AND DECLARING AN EMERGENCY.

WHEREAS, over the past three (3) years, the City Recorder/Treasurer has been slowly codifying the City's Ordinances to provide the Yamhill Municipal Code; and

WHEREAS, the City of Yamhill has now completed the codification of the City's Ordinances into a Municipal Code; and

WHEREAS, the City of Yamhill has recognized the need for standardization in the Yamhill Municipal Code of the City of Yamhill;

WHEREAS, the addition of Chapter 1.32, General Provisions, and the addition of Chapter 1.36, General Penalties, begin the standardization of the Yamhill Municipal Code by providing general regulations and penalty provisions which are used through-out the entire Municipal Code; and

WHEREAS, the standardization of the penalty provisions of the Yamhill Municipal Code will provide for equal enforcement of the regulations; NOW THEREFORE;

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. For clarification and understanding of the overall implications and objectives of the City Council in the construction of the proposed amendments to the various Yamhill Municipal Code Sections, the currently existing Municipal Code sections, and proposed changes to that section are both contained within the body of this Ordinance. The following proof-readers marks shall be observed in understanding the content of the amendments:

aaaaaaaa Currently Existing Municipal Code

aaaaaaaa Existing Municipal Code to be removed

aaaaaaaa New Municipal Code being added

SECTION 2. Yamhill Municipal Code Chapter 1.32, General Provisions, is hereby added to read as follows:

Sections:

1.32.010 Definitions

1.32.020 Title of Office

1.32.030 Interpretation of Language

1.32.040 Grammatical Interpretation

1.32.050 Acts by Agents

1.32.060 Prohibited Acts Including Causing and Permitting

1.32.070 Computation of Time

1.32.080 Construction of Ordinances

1.32.090 Repeal Shall Not Revive Any Ordinances

1.32.010 Definitions. The following words and phrases, whenever used in the ordinances of the city shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such works or phrases:

"City" and "town" each mean the city of Yamhill, Oregon, or the area within the territorial limits of the city, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

"Council" means the city council of the city. "All its members" or "all councilors" means the total number of councilors holding office.

"County" means the county of Yamhill.

"Fiscal year" means the twelve month period from July 1st of one year through June 30th of the following year.

"Law" denotes applicable federal law, the Constitution and statutes of the state, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

"May" is permissive.

"Month" means a calendar month.

"Must" and "shall" are each mandatory.

"Oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

"Owner", applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

"Person" includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

"Personal property" includes money, goods, chattels, things in action and evidences of debt.

"Preceding" and "following" means next before and next after, respectively.

"Property" includes real and personal property.

"Real property" includes lands, tenements and hereditaments.

"Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

"State" means the state of Oregon.

"Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

"Tenant" and "occupant", applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.

"Written" includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

"Year" means a calendar year.

1.32.020 Title of Office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city.

1.32.030 Interpretation of Language. All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

1.32.040 Grammatical Interpretation. The following grammatical rules shall apply in the ordinances of the city unless it is apparent from the context that a different construction is intended:

(A) Gender. Each gender includes the masculine, feminine and neuter genders.

(B) Singular and Plural. The singular number includes the plural and the plural includes the singular.

(C) Tenses. Words used in the present tense include the past and future tenses and vice versa, unless manifestly inapplicable.

1.32.050 Acts by Agents. When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.

1.32.060 Prohibited Acts Include Causing and Permitting. Whenever in the ordinances of the city, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

1.32.070 Computation of Time. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

1.32.080 Construction of Ordinances. The provisions of the ordinances of the city and all proceedings under them are to be construed with a view to effect their objects and to promote justice.

1.32.090 Repeal Shall Not Revive Any Ordinances. The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.

SECTION 3. Yamhill Municipal Code Chapter 1.36, General Penalty, is hereby added to read as follows:

Sections:

1.36.010 General Penalty

1.36.020 Enforcement Authority

1.36.030 Dishonored Checks

1.36.010 General Penalty.

(A) Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the Yamhill Municipal Code, except in cases where a different punishment is prescribed by the Yamhill Municipal Code, shall be punished by a fine as required by the City's schedule of fees and penalties as approved through resolution of the City Council.

(B) Each violation of a separate provision of the Yamhill Municipal Code shall constitute a separate violation; and each day that a violation of the Yamhill Municipal Code is committed or permitted to continue shall constitute a separate violation.

(C) If a provision of the Yamhill Municipal Code is violated by a person, firm or corporation, the officer(s) or person(s) responsible for the violation shall be subject to the penalties imposed by the Yamhill Municipal Code.

1.36.020 Enforcement Authority.

(A) The City Recorder, Chief of Police, Public Works Superintendent, and Building Inspector shall each have jurisdiction to enforce the Yamhill Municipal Code.

(B) Upon failure to comply with any of the provisions of the Yamhill Municipal Code or with any of the restrictions or conditions imposed hereunder, the City Council may withhold any further permits and may withhold or withdraw city utility services until correction is made.

1.36.030 Dishonored Checks. When any fee, fine or other payment is made to the city by any person by check, and such check is dishonored by the bank upon which it was written for insufficient funds having been on account, a processing fee as required by the City's schedule of fees and penalties as approved through resolution of the City Council shall be added to the fee, fine or other sum due the city for each check thus returned, and the processing fee shall be subject to collection in the same manner as the underlying fee, fine or other sum due.

SECTION 4. Yamhill Municipal Code Chapter 1.24, Elections, Section 1.24.280, Penalty, is hereby amended to read as follows:

1.24.280 Violation--Penalties. A person who violates a provision of this Chapter shall be punished by:

(A) A fine of not more than $750.00, or

(B) Imprisonment in jail not more than 30 days, or

(C) Both.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 5. Yamhill Municipal Code Chapter 2.04, Public Right-of-Ways, Section 2.04.070 Violation--Penalties, is hereby added to read as follows:

2.04.070 Violation--Penalties.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 6. Yamhill Municipal Code Section 3.04.110 Penalties, is hereby amended to read as follows:

3.04.110 Violation--Penalties. Any person violating any of the provisions of these Rules and Regulations shall, upon conviction thereof, be punished by a fine of not more than $250, for each offense. Each day the violation shall continue shall constitute a separate offense.

In addition to any other penalties that may be provided by law, any customer who fails to install or provide for the testing of a backflow prevention assembly or who violates any provisions contained herein, or who fails to comply with an order thereunder, shall suffer immediate termination of public water service.

(A) Any violation or infraction of Yamhill Municipal Code Chapters 3.04 through 3.44 will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 7. Yamhill Municipal Code Section 3.36.080 Noncompliance with Rules and Regulations, is hereby amended to read as follows:

3.36.080 Noncompliance with Rules and Regulations. The Water Department may, upon five (5) days notice, discontinue service to a customer's premises for failure to comply with any of the provisions of these Rules and Regulations which are outlined in Yamhill Municipal Code Chapter 3.04 through 3.44.

SECTION 8. Yamhill Municipal Code Section 3.48.140 Penalties, is hereby amended to read as follows:

3.48.140 Violation--Penalties. Any person violating any of the provisions of these Rules and Regulations shall, upon conviction thereof, be punished by a fine of not more than $250, for each offense. Each day the violation shall continue shall constitute a separate offense.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

(C) In addition to any other penalties that may be provided by law, any customer who fails to install or provide for the testing of a backflow prevention assembly or who violates any provisions contained herein, or who fails to comply with an order thereunder, shall suffer immediate termination of public water service.

SECTION 9. Yamhill Municipal Code Section 3.52.080, Penalties, is hereby amended to read as follows:

3.52.080 Violation--Penalties. Any person violating any of the provisions of these Rules and Regulations shall, upon conviction thereof, be punished by a fine of not more than $250, for each offense. Each day the violation shall continue shall constitute a separate offense.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

(C) In addition to any other penalties that may be provided by law, any customer who fails to install or provide for the testing of a backflow prevention assembly or who violates any provisions contained herein, or who fails to comply with an order thereunder, shall suffer immediate termination of public water service.

SECTION 10. Yamhill Municipal Code Section 3.56.130, Protection from Damage - Penalty for Violation, is hereby amended to read as follows:

3.56.130 Protection from Damage - Penalty for Violation.

(A) Any person violating the provisions of this Title Section 3.56.110 and Section 3.56.120 shall be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code be subject to a penalty not to exceed the sum of $1,000.00,

(B) The penalties imposed by this chapter are not exclusive and shall be in addition to and cumulative with any remedy for damages incurred by the City by reason of such violation.

SECTION 11. Yamhill Municipal Code Section 3.56.171, Written Notice of Violation, is hereby amended to read as follows:

3.56.170 Written Notice of Violation. Any person found to be violating any provision of this Title Chapters 3.56 through 3.76, except Sections 3.56.100, 3.56.120, and 3.56.130 shall be served written notice stating the nature of the violation and providing a reasonable time limit, as may be determined by the Superintendent, for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

SECTION 12. Yamhill Municipal Code Section 3.56.180, Non-Correction Constitutes Violation, is hereby amended to read as follows:

3.56.180 Non-Correction Constitutes Violation.

(A) Any person who shall continue any violation beyond the time limit provided for in 3.56.170, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in the as a violation in accordance with Chapter 1.36 of this code amount not exceeding $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 13. Yamhill Municipal Code Section 4.04.030, Penalties, is hereby amended to read as follows:

4.04.030 Violation--Penalties. Any person violating any of the provisions of this Chapter, shall upon conviction thereof be punished by a fine not to exceed $750.00.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 14. Yamhill Municipal Code Section 5.04.280, Penalties, is hereby amended to read as follows:

5.04.280 Violation--Penalties.

(A) Any Person or Person in Charge violating any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine not to exceed $50.00.

(B) Each days violation of a provision of this Chapter shall constitute a separate offense.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

(C) The abatement of a nuisance in accordance with the procedure set forth in Section 5.04.210 of this Chapter within 10 days after being cited for violation of this Chapter as set forth in Section 5.04.200 of this Chapter shall not constitute a penalty for a violation of this Chapter, but may, based upon the determination by the court of jurisdiction, be in addition to any penalty imposed for the violation of the Chapter.

(D) The abatement of a nuisance resulting in an imminent threat to the public health, safety or property of the citizens of Yamhill in accordance with the procedure set forth in Section 5.04.250 of this Chapter within two (2) hours after being cited for violation of this Chapter as set forth in Section 5.04.240 of this Chapter, shall not constitute a penalty for a violation of this Chapter, but may, based upon the determination by the court of jurisdiction, be in addition to any penalty imposed for the violation of the Chapter.

SECTION 15. Yamhill Municipal Code Section 5.08.210, Violation--Penalties, is hereby added to read as follows:

5.08.210 Violation--Penalties.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 16. Yamhill Municipal Code Section 5.16.030, Offenses and Penalties, is hereby amended to read as follows:

5.16.030 Offenses and Penalties.

(A) Possession of Drug Paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who violates this Chapter is guilty of an infraction and upon conviction may be fined in accordance with Chapter 1.36 of this code not more than $100.

(B) Manufacture or Delivery of Drug Paraphernalia. It is unlawful for any Person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who violates this Chapter is guilty of an infraction and upon conviction may be fined in accordance with Chapter 1.36 of this code not more than $500.

(C) Delivery of Drug Paraphernalia to a Minor. Any person eighteen years of age or over who violates Section (B) by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his junior, is guilty of a misdemeanor offense and upon conviction may be imprisoned for not more than one year, fined in accordance with Chapter 1.36 of this code not more than $2,500, or both.

(D) Advertisement of Drug Paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this Chapter is guilty of an infraction and upon conviction may be fined in accordance with Chapter 1.36 of this code not more than $200.

SECTION 17. Yamhill Municipal Code Section 5.20.140, Penalties, is hereby amended to read as follows:

5.20.140 Violation--Penalties. Any person violating any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine not to exceed $50.00 per offense.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 18. Yamhill Municipal Code Section 6.08.120, Penalties, is hereby amended to read as follows:

6.08.120 Violation--Penalties.

(A) Violation of Sections 6.08.010 through 6.08.060 is punishable by a fine not to exceed $100.00.

(B) Violation of Sections 6.08.070 through 6.08.110 is punishable by a fine not to exceed $50.00.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 19. Yamhill Municipal Code Section 6.12.150, Penalties, is hereby amended to read as follows:

6.12.150 Violation--Penalties.

(A) Violation of Sections 6.12.010 through 6.12.090 is punishable by a fine in accordance with Chapter 1.36 of this code not to exceed $50.00.

(B) Violation of Section 6.12.100, is punishable by a fine in accordance with Chapter 1.36 of this code not to exceed $20.00. If the operator does not respond to a parking citation affixed to a vehicle within a period of five days, in addition to the conditions of Section 6.12.110, the fine for violation of Section 6.12.100 shall double to a maximum of $40.00.

(C) If a warrant for arrest is issued under Section 6.12.110, the violation shall be considered as an "unclassified Misdemeanor" under the Yamhill Municipal Code, Chapter 5.08, General Offenses.

SECTION 20. Yamhill Municipal Code Section 6.28.070, Penalty, is hereby amended to read as follows:

6.28.070 Violation--Penalty. The penalty for violation of any provisions of this Chapter shall be a fine not less than $5.00, and not more than $100.00.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 21. Yamhill Municipal Code Section 7.04.060, Violations and Penalties, is hereby amended to read as follows:

7.04.060 Violation--Penalties. Any person who shall violate any of the foregoing established rules and regulations shall, upon conviction thereof before the Municipal Judge of Yamhill, Oregon, be punishable by a fine as follows:

(A) A conviction of Section 7.04.040, of this chapter, shall be punishable by a fine of not to exceed $100.00.

(B) A conviction of Section 7.04.050, of this chapter, shall be punishable by a fine of not to exceed $500.00.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 22. Yamhill Municipal Code Section 7.08.030, Violation--Penalties, is hereby added to read as follows:

7.08.030 Violation--Penalties.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 23. Yamhill Municipal Code Section 7.12.060, Violation--Penalties, is hereby added to read as follows:

7.12.060 Violation--Penalties.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 24. Yamhill Municipal Code Section 7.16.070, Violation--Penalties, is hereby added to read as follows:

7.16.070 Violation--Penalties.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 25. Yamhill Municipal Code Section 8.12.140, Penalty, is hereby amended to read as follows:

8.12.140 Violation--Penalty. Any person convicted of perpetrating a nuisance through violation of the provisions of this Title shall, upon conviction thereof before the court, be punishable by a fine of not to exceed $500.00, imprisonment in jail for not to exceed 20 days, or by both such fine and imprisonment in the discretion of the Court.

(A) Any violation or infraction of this Title will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 26. Yamhill Municipal Code Section 9.04.120, Violation & Penalties, is hereby amended to read as follows:

9.04.120 Violation--Penalties.

(A) No person, firm, or corporation, shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain a building or structure in the City, or cause the same to be done contrary to or in violation of this Title.

(B) No person, firm, or corporation, shall install, alter, repair, replace, improve, convert, equip or maintain any mechanical equipment or system in the City, or cause the same to be done contrary to or in violation to this Title.

(C) No person, firm, or corporation, shall install, remove, alter, repair, replace, improve, or maintain any plumbing or drainage piping work or any fixture or water heating or treating equipment in the City, or cause the same to be done contrary to or in violation of this Title.

(D) Each violation of a separate provision of this Title shall constitute a separate violation; and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate violation.

(E) If a provision of this Title is violated by a person, firm or corporation, the officer(s) or person(s) responsible for the violation shall be subject to the penalties imposed by this Title.

(F) The penalties imposed by this title are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

(G) Violation of this Title shall be punishable, upon conviction, as a violation with a minimum fine of $100.00, not to exceed a maximum fine of $500.00. Anyone failing to obtain a permit prior to initiating any work requiring a permit in accordance with this Title, shall be in violation and shall pay a fine equal to the specified fee or $100.00, whichever is greater.

(G) Any violation or infraction of this Title will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(H) Anyone failing to obtain a "Certificates of Occupancy" prior to initiating residency and/or utilization of residential/commercial structure(s) shall be in violation and shall be subject to discontinuance of City utilities, including Water and Sewer services. The City shall provide written notification that services are to be disconnected, and require correction of the violation within a period of 60 days. If said services are disconnected due to not obtaining the certificate, said services shall not be restored until the certificate is issued, and all fees associated with the disconnection of said services have been paid.

SECTION 27. Yamhill Municipal Code Section 9.08.050, Violation--Penalties, is hereby added to read as follows:

9.08.050 Violation--Penalties.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 28. Yamhill Municipal Code Section 10.40.130 Penalties for Violation, is hereby amended to read as follows:

10.40.130 Penalties for Violation. The Chief of Police and Building Inspector shall each have jurisdiction to enforce this ordinance. Upon failure to comply with any of the provisions of this ordinance or with any of the restrictions or conditions imposed hereunder, the City Council may withhold any further permits and may withhold or withdraw city utility services until correction is made. Notwithstanding any such action taken by the Council, any person, firm or corporation who violates, disobeys, or refuses to comply with the provisions of this ordinance shall be fined no less than five dollars ($5.00) or more than two hundred fifty dollars ($250.00) for each offense. Each day that violation is permitted to exist shall constitute a separate offense. (Ord. 350, §9.12, 1984)

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 29. Yamhill Municipal Code Section 11.28.070, Penalties, is hereby amended to read as follows:

11.28.070 Violation--Penalties.

(A) The City Recorder and Chief of Police, shall have authority to issue citations for enforcement of this Title.

(B) Upon failure to comply with any of the provisions of this Title or with any of the restrictions or conditions imposed hereunder the Council may withhold any further permits and may withhold or withdraw City utility services until correction is made.

(C) Notwithstanding any such action taken by the Council, any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists the enforcement of any of the provisions of this Title shall be fined in accordance with Chapter 1.36 of this code not less than five dollars ($5.00) or more than five hundred dollars ($500.00) for each offense. Each day that violation is permitted to exist shall constitute a separate offense.

(D) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

SECTION 30. This Ordinance hereby amends various Yamhill Municipal Code Sections. All remaining portions of Yamhill Municipal Code, are hereby reaffirmed in their entirety.

SECTION 31. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 9th day of December , 1998.