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HomeMy WebLinkAbout2954 Woodstoves ORDINANCE NO. ?-C\ IQLt AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 9.24, REMOVAL AND DISPOSAL OF NON-CERTIFIED WOODSTOVES AND FIREPLACE INSERTS, AMENDING SECTION 9.24.055, RELATING TO FINES. WHEREAS, it is necessary for consistency with the Ashland City Charter to amend the maximum fine prescribed for violations of Ashland Municipal Code 9.24.055 Section 1 and Appendix A. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 9.24.055 is hereby amended to read as follows: A. PROHIBITION. It shall be unlawful and a violation of the Ashland Municipal Code, for the Conveyance of Real Property to occur for any real property located within the City of Ashland in violation of the requirements of this Section, including specifically documented compliance with the Disclosure, Removal/Disposal and Certification requirements set forth herein. The fine for violation of any provision of this Section shall be a minimum of $250.00 and a maximum of $500.00 excluding any required state and local assessments. SECTION 2. Appendix A, incorporated by AMC 9.24.055 is amended as follows: The Seller and the Buyer also understand that this Disclosure Certificate must be executed by the Seller and acknowledged by the Buyer prior to closing or transfer and delivered to the City of Ashland with the executed Removal Certificate and receipt evidencing proper disposal. Failure to comply with the Disclosure, Removal, Disposal and Certificate requirements of AMC 9.24.055 is punishable by a fine of not less than $500.00 as well as the cost of Court or Administrative proceedings to enforce the removal requirement. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 3- 4) need not be cod ified. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the ?-?- day of P\?~,,--\ ,2008, and duly PASSED and ADOPTED this \..0 day of \-'\ ~ ' 2008. Ordinance No. ~S'-\ Page 1 of2 Bar ara M. Christensen, City Recorder SIGNED and APPROVED this :7 day 014. 2008 Reviewed as to form: \ c::-..- , Mayor Ordinance No. ~~B-\ Page 2 0[2 ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, CHAPTER 9.24, REMOVAL AND DISPOSAL OF NON-CERTIFIED WOODSTOVES AND FIREPLACE INSERTS, AMENDING SECTION 9.24.055, RELATING TO FINES. ?-C\ to "-\ Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are in bold underline. WHEREAS, it is necessary for consistency with the Ashland City Charter to amend the maximum fine prescribed for violations of Ashland Municipal Code 9.24.055 Section 1 and Appendix A. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 9.24.055 is hereby amended to read as follows: A. PROHIBITION. It shall be unlawful and a violation of the Ashland Municipal Code, for the Conveyance of Real Property to occur for any real property located within the City of Ashland in violation of the requirements of this Section, including specifically documented compliance with the Disclosure, Removal/Disposal and Certification requirements set forth herein. Notwithstanding the fine limitations of AMC Section 1.08.020, Tthe fine for violation of any provision of this Section shall be a minimum of $250.00 and a maximum of $1000.00, J500.00 excluding any required state and local assessments. SECTION 2. Appendix A, incorporated by AMC 9.24.055 is amended as follows: The Seller and the Buyer also understand that this Disclosure Certificate must be executed by the Seller and acknowledged by the Buyer prior to closing or transfer and delivered to the City of Ashland with the executed Removal Certificate and receipt evidencing proper disposal. Failure to comply with the Disclosure, Removal, Disposal and Certificate requirements of AMC 9.24.055 is punishable by a fine of not less than $250.00 and not more than $1 000 ~500.00 as well as the cost of Court or Administrative proceedings to enforce the removal requirement. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3- 4) need not be codified. Ordinance No. 9-C\'6'-\ Page 1 of2 The foregoing ordinance was first read by title only in ~rqance with Article X, Section 2(C) of the City Charter on the ~ day of . ri/ , 2008, and duly PASSED and ADOPTED this ---.fL- day of m~ ' 2008. /I(~ arbara M. Christensen, City Recorder SIGNED and APPROVED this L day of ;f~, 2008 Reviewed as to form: Ordinance No. ?C\5l\ Page 2 of2