AN ORDINANCE AMENDING SECTION 1.20.030 SATISFACTION OF FINES OR COSTS; ADDING SECTION 1.32.100 PROFESSIONAL FEES; AMENDING SECTIONS 1.20.050 IMPOSITION OF COURT COSTS; 2.12.030 FEES; 2.12.040 PLANNING COMMISSION REVIEWS PETITION; 3.12.030 ESTABLISHMENT OF CREDIT; 3.28.120 DELINQUENT CHARGE; 3.32.030 METER TEST - ON CUSTOMER REQUEST; 3.36.070 UNAUTHORIZED TURN-ON; 3.36.090 RESTORATION OF SERVICE; 3.48.060 TYPE OF ASSEMBLY; DEGREE OF HAZARD/CUSTOMER APPEAL; 3.60.070 CITY STANDARDS; 3.76.040 ESTABLISHMENT OF CREDIT; 3.76.120 DELINQUENT CHARGE; 5.08.170 WORKING OUT FINE AND COSTS; 6.08.080 IMPOUNDING OF BICYCLES; 7.12.040 ABATEMENT PROCEDURES; ADDING SECTION 9.04.130 CITY BUILDING INSPECTOR'S REPORT TO THE CITY; DELETING SECTIONS 10.36.080 AND 10.64.230; 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 standardization of the fee and charges 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:

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SECTION 2. Yamhill Municipal Code Chapter 1.20, Municipal Court, Section 1.20.030, Satisfaction of Fines or Costs, is hereby amended to read as follows:

1.20.030 Satisfaction of Fines or Costs. When any person against whom a fine and costs are adjudges is unable to pay the same or shall refuse to do so, or if he is sentenced to be imprisoned in the City or County jail, he may be sentenced to labor one day for each $25.00 of to accommodate such fine and costs in accordance with the City's schedule of fees and penalties as approved through resolution of the City Council. Such person shall labor under the supervision of City Employees or Officers or any other person in charge of City improvements. (Ord. 2, §2, 1913; Ord. 219, §1, 1962; Ord. 300, §2, 1977; Ord. 369, §1, 1986; Ord. O-431, §1(part), 1998)

SECTION 3. Yamhill Municipal Code Chapter 1.32, General Provisions, Section 1.32.100 Professional Expenses, is hereby added to read as follows:

1.32.100 Professional Expenses. In addition to any other fees prescribed by the City Council, there is imposed upon an Applicant before the Planning Commission and/or City Council, an additional fee for professional expenses. Said fee shall not exceed actual cost to City for professional services of planners, engineers, attorneys, or other professionals whose assistance is sought by the Planning Commission and/or City Council. The amount of the professional expenses fee shall be established by the Yamhill City Council by resolution.

SECTION 4. Yamhill Municipal Code Chapter 1.20, Municipal Court, Section 1.20.050, Imposition of Court Costs, is hereby amended to read as follows:

1.20.050 Imposition of Court Costs. Whenever the municipal court imposes a fine or orders a bail for forfeiture as a penalty for violation of any City ordinances of this city, the court shall collect the sum of a minimum of $15.00 court costs, in accordance with the City's schedule of fees as approved through resolution of the City Council, in addition to such fine or bail forfeiture. (Ord. 400, §1, 1993; Ord. O-431, §1(part), 1998)

SECTION 5. Yamhill Municipal Code Chapter 2.12, Street Vacation Procedure, Section 2.12.030 Fees, is hereby amended to read as follows:

2.12.030 Fees. The person presenting the petition for vacation shall deposit with the City Recorder $150.00 a fee, in accordance with the City's schedule of fees as approved through resolution of the City Council. (Ord. 385, §3, 1988; Ord. 432, §1(part), 1998)

SECTION 6. Yamhill Municipal Code Chapter 2.12, Street Vacation Procedure, Section 2.14.040 Planning Commission Reviews Petition, is hereby amended to read as follows:

2.12.040 Planning Commission Reviews Petition. After notice to the petitioners of the proposed action, the Planning Commission may deny the petition or fix a time for a public hearing on the petition. If the petition is denied, without a public hearing, the $150.00 deposit any portion of the fee which has not been expended will be refunded to the petitioner. (Ord. 385, §4, 1988; Ord. 432, §1(part), 1998)

SECTION 7. Yamhill Municipal Code Chapter 3.12, Application for Service, Section 3.12.030 Establishment of Credit, is hereby amended to read as follows:

3.12.030 Establishment of Credit. The credit of the applicant will be deemed established:

(A) If the applicant makes a cash deposit with the Water Department to secure payment of bills for service. The deposit shall be a sum equal to the estimated bill for two billing periods, but not less than Thirty Dollars ($30.00).

(B) If the applicant has promptly paid all accounts due the Water Department for a period of twelve (12) consecutive billing periods.

(C) If the applicant can otherwise convince the Water Department that all bills will be paid when due. (Ord. 348, §5.2.1, 1984; Ord. O-427, §1(part), 1997)

SECTION 8. Yamhill Municipal Code Chapter 3.28, Billing and Payment, Section 3.28.120 Delinquent Charge, is hereby amended to read as follows:

3.28.120 Delinquent Charge. In all instances where water has been turned off because of delinquent accounts, a $30 delinquent charge, according to the Water Rate Schedule, shall be made for the restoration of service, and replacement of the cash deposit will also be required. (Ord. 348, §11.7.4, 1984; Ord. O-427, §1(part), 1997)

SECTION 9. Yamhill Municipal Code Chapter 3.32, Meter Error, Section 3.32.030 Meter Test - On Customer Request, is hereby amended to read as follows:

3.32.030 Meter Test - On Customer Request. A customer may, giving not less than 7 days notice, request the Water Department to test the meter serving his premises. The Water Department will require the customer to deposit the testing fee. This fee shall be $20 for meters 1-inch and smaller, and for meters larger than 1-inch shall be an estimate of the cost of testing the meter as determined by the Superintendent. The deposit will be returned to the customer if the test reveals the meter to over-register more than 3 percent under conditions of normal operation. If the meter is operating satisfactorily, or if the meter under-registers more than 3 percent under the standard test conditions, the deposit shall be forfeited to the Water Department. If the cost of testing the meter is higher than the deposit, the customer will be responsible for the remaining costs associated with testing the meter. Customers may, at their option, witness any meter tests which they request. (Ord. 348, §12.2.2, 1984; Ord. O-427, §1(part), 1997)

SECTION 10. Yamhill Municipal Code Chapter 3.36, Discontinuance/Restoration of Service, Section 3.36.070 Unauthorized Turn-On, is hereby amended to read as follows:

3.36.070 Unauthorized Turn-On. Where water service has been discontinued for any reason and the water is turned on by the customer or other unauthorized person, the water may then be shut off at the main or the meter removed. The charges for shutting off the water at the main or removing the meter shall be computed at actual cost to the Water Department plus 30 percent overhead, but not less than $50. These charges shall be billed to the offending customer and water shall not be furnished to the premises until such charges are paid and the Water Department has reasonable assurances that the violation will not reoccur. (Ord. 348, §13.7, 1984; Ord. O-427, §1(part), 1997)

SECTION 11. Yamhill Municipal Code Chapter 3.36, Discontinuance/Restoration of Service, Section 3.36.090 Restoration of Service, is hereby amended to read as follows:

3.36.090 Restoration of Service. Restoration of service after discontinuance for nonpayment of bills shall be made after payment of current and past-due charges, plus Thirty Dollars ($30) for delinquent charge, and posting a deposit as previously stated. Restoration of service after discontinuance of service for the customer's convenience will only be made after payment of a $10 restoration charge is made.

Restoration of service after discontinuance of service for unsafe facilities, water waste, fraud, abuse, or for noncompliance with any of the Rules and Regulations will only be made after adjustments have been made to insure that the irregularity will not reoccur. The restoration charge shall be as set forth in Section 3.36.070 plus any other charges, due or past due, that the Water Department may have incurred to correct the irregularity. (Ord. 348, §14.0, 1984; Ord. O-427, §1(part), 1997)

SECTION 12. Yamhill Municipal Code Chapter 3.48, Backflow/Cross-Connections, Section 3.48.060 (F)(2) Type of Assembly; Degree of Hazard/Customer Appeal, is hereby amended to read as follows:

3.48.060 Type of Assembly; Degree of Hazard/Customer Appeal. The type of backflow prevention assembly required shall depend on the degree of hazard which exists as follows:

(2) Customer shall instruct said inspector to file a written report of the inspector's findings as to the type of backflow prevention assembly(s) needed with the Superintendent, the City and the State of Oregon.

It shall be the right of the Superintendent or his designated agent to witness the inspection. Failure of customer to hire the services of a state licensed and certified inspector shall be grounds for dismissal of customer's appeal by the City.

If the independent inspector agrees with the Superintendent as to the type of assembly(s) required, the cost of such inspection shall be borne solely by the customer. If said inspector's finding is different than the Superintendent and if a less expensive assembly(s) is recommended, the City shall pay up to $50.00 the amount authorized by the City Council in the Water Rate Schedule Resolution, of the customer's costs for the independent inspection. The type of backflow prevention assembly(s) required by the inspector shall be the type installed by the customer, regardless of the Superintendent's prior holding. (Ord. 381, §4.3, 1986; Ord. O-427, §1(part), 1997)

SECTION 13. Yamhill Municipal Code Chapter 3.60, Private Sewage Disposal, Section 3.60.070 City Standards, is hereby amended to read as follows:

3.60.070 City Standards. City standard procedures for drawings or specifications for sewer works shall be followed for such design or construction. Standards may be obtained from the City Hall office upon request and for a fee of $25. (Ord. 371, §4.7, 1986; Ord. O-427, §1(part), 1997)

SECTION 14. Yamhill Municipal Code Chapter 3.76, Fees and Charges, Section 3.76.040 Establishment of Credit, is hereby amended to read as follows:

3.76.040 Establishment of Credit. The credit of the applicant will be deemed established:

(A) If the applicant makes a cash deposit with the Sewer Department to secure payment of bills for service. The deposit shall be a sum equal to the estimated bill for two billing periods, but not less than twenty dollars ($20.00).

(B) If the applicant has promptly paid all accounts due the Sewer Department for a period of twelve (12) consecutive billing periods. (Ord. 371, §11.3.1, 1986; Ord. O-427, §1(part), 1997)

SECTION 15. Yamhill Municipal Code Chapter 3.76, Fees and Charges, Section 3.76.120 Delinquent Charge, is hereby amended to read as follows:

3.76.120 Delinquent Charge. In all instances where water has been turned off because of delinquent accounts, a $30.00 delinquent charge shall be made for the restoration of service, and replacement of the cash deposit will also be required. (Ord. 371, §11.6.4, 1986; Ord. O-427, §1(part), 1997)

SECTION 16. Yamhill Municipal Code Chapter 5.08, General Offenses, Section 5.08.170 Working out Fine and Cost, is hereby amended to read as follows:

5.08.170 Working Out Fine and Costs. When a person is convicted of an offense under the laws of the city, is adjudged to pay a fine and costs, and fails to pay the fine and costs, the municipal judge may collect the fine by sentencing such person to labor on the streets or on other public works, one day for each $25.00 of to accommodate such fine unpaid in accordance with the City's schedule of fees and penalties as approved through resolution of the City Council. Persons so fined and sentenced to labor shall be under the direction of the proper authorities. (Ord. 361, §16, 1985; Ord. O-430, §1(part), 1998)

SECTION 17. Yamhill Municipal Code Chapter 6.08, Traffic - General Regulations, Section 6.08.080 (F) Impounding of Bicycles, is hereby amended to read as follows:

(F) Except as provided in Sub-section (D) above, a fee of $10.00 shall be charged to the owner of a bicycle impounded under this section. The amount of the impound fee shall be established by the Yamhill City Council by resolution. (Ord. 314, §24, 1977; Ord. 364, §1(part), 1985; Ord. O-437, §1(part), 1998)

SECTION 18. Yamhill Municipal Code Chapter 7.12, Weed Control, Section 7.12.040 (A)(4) Abatement Procedure, is hereby amended to read as follows:

(4) A charge of $50.00 per hour, with a minimum of one (1) hour, for the process of having the City perform the work. Each additional hour, or part thereof, required to complete the work will be charged at $50.00 per hour at the hourly rate. The amount of the hourly abatement fee shall be established by the Yamhill City Council by resolution.

SECTION 19. Yamhill Municipal Code Chapter 9.04, Building Codes, Section 9.04.130 City Building Inspector's Report to the City, is hereby added to read as follows:

9.04.130 City Building Inspector's Report to the City. The City Building Inspector/City Recorder shall, on a quarterly basis, furnish to the City a report on the number of permits issued during the quarter. (Ord. 350, §8.7, 1984)

SECTION 20. Yamhill Municipal Code Chapter 10.36 Land Use and Building Permit Procedure, Section 10.36.080 City Building Inspector's Report to the City, is hereby deleted.

SECTION 21. Yamhill Municipal Code Chapter 10.64 Administrative Provisions, Section 10.64.230 Professional Expenses, is hereby deleted.

SECTION 22. This Ordinance hereby amends various Yamhill Municipal Code Sections. All remaining portions of Yamhill Municipal Code, are hereby reaffirmed in their entirety.

SECTION 23. 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.