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7 <br /> <br /> 1 <br />Commissioner Price said her concern with this one is that it sounds like the 2 <br />County is creating a debtors prison. 3 <br />John Roberts said each offense is a separate off ense, and could result in 4 <br />thousands of dollars. He does not think that jail time has ever been imposed. 5 <br />Commissioner Jacobs asked if this has been changed anytime recently, because 6 <br />he thought the BOCC objected previously to a $500 fine, and changed the wording to 7 <br />“not to exceed $500.” 8 <br />John Roberts said some ordinances have individual penalties, and this is the 9 <br />general catchall penalty for the entire ordinance. He said some other individual 10 <br />ordinances specify certain terms. 11 <br />Commissioner Jacobs said all should say up to $500, or 30 days in jail, as this 12 <br />gives the BOCC discretion. 13 <br />Chair Dorosin asked if these penalties always come back to the Board, or only if 14 <br />the offending party decides to make an appeal. 15 <br />John Roberts said these penalties do not come back to the Board unless there 16 <br />was an amendment, and he provided an example of violations of the solid waste 17 <br />ordinance due to a lack of permit, and there was a $500 fine for each day of continued 18 <br />violation. He said this rose to tens of thousands of dollars in fines. He said the case was 19 <br />ultimately settled, permits obtained, and a much lesser amount of fees paid. 20 <br />Commissioner Marcoplos clarified that one could receive a $500 fine and 30 days 21 <br />in jail for putting the wrong type of insulation in a wall, that may have gone unnoticed. 22 <br />John Roberts said this is on here for discussion because the Chief Building 23 <br />Inspector said this ordinance has never been enforced during his 14-year tenure, and it 24 <br />would be difficult to do so due to substantial changes in state law since the ordinance 25 <br />was implemented. 26 <br />Commissioner Marcoplos said what happens to these types of laws. 27 <br />John Roberts said laws remain until they are repealed, and he did not know that 28 <br />this was not being enforced. 29 <br />Commissioner Rich asked if there is a reason to have an ordinance that is not 30 <br />being enforced, or cannot be enforced. 31 <br />Chair Dorosin said this is the point of the discussion, and this specific example is 32 <br />recommended for repeal. 33 <br />Commissioner Price said if this item is going to remain, then the fine should be up 34 <br />to $500 and up to 30 days in jail. 35 <br />John Roberts said that is the general penalty right now, and if the Board wants 36 <br />him to look at other ordinances that do not include “up to” language, he can do so and 37 <br />bring those back as well to repeal or amended. 38 <br />Commissioner Price asked if there is someone responsible for determining 39 <br />penalty or jail time. 40 <br />John Roberts said it depends on the type of offense. He said the department 41 <br />director would determine a civil penalty, and a judge would determine a criminal penalty 42 <br />in the court system. 43 <br />Commissioner Price asked if this is true of jail time as well. 44 <br />John Roberts said a judge, via a prosecution by the District Attorney’s office, 45 <br />always determines jail time, and only in criminal cases. 46 <br />The Board agreed by consensus to change the wording to “up to $500” on all 47 <br />ordinances. 48 <br /> 49 <br />Chapter 4 50 <br />Animal Control Ordinance- Amend to clearly specify what may be appealed to the appeal 51 <br />panels. Current language is problematic in that it could be construed to allow appeal of 52 <br />items not traditionally subject to appeal. 53