Ord 1565COUNCIL BILL N0. 353
ORDINANCE N0. 1565
AN ORDINANCE REGULATING LAND ALTERATIONS IN THE FLOOD HAZARD
AREAS OF WOODBURN, PROVIDING FOR PENALTIES, AND DECLARING AN
EMERGENCY.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. The Flood Hazard Area, for the purpose of
this ordinance, is defined as those lands within 10 feet
vertical height as measured from the top edge average elevation
of the Mill Creek drainage channel, and those lands within
6 feet vertical height of the top edge average elevation of
the Senecal Creek drainage channel.
Section 2. Before any person fills, excavates or other-
wise alters the natural contours of the land within the limits
of the Flood Hazard Area, he shall obtain a permit from the
City Engineer.
Section 3. Before approving a permit to fill, excavate
or alter the contours of the land in the Flood Hazard Area,
the City Engineer shall consider, among other things, whether
the preparation or use of land will in anyway create flooding
problems in the future on other lands. The applicant shall
bear the burden of proof to supply such engineering data as
may be required by the City Engineer in making this determination.
The permit as issued shall detail the conditions and terms
whereby a person may undertake land preparation in the Flood
Hazard Area. A violation of the conditions of the permit
shall constitute a violation of this ordinance and subject
to the penalties thereof.
Page 1 - Council Bill No. 353
Ordinance No. 1565
Section 4. The City Engineer shall not issue a permit
for fill, excavation or altering the natural contours of the
land if, in his determination the proposed activity cannot
be undertaken without an unreasonable increase in the height
of flood waters or an unreasonable alteration of the natural
flow of flood waters which would be detrimental to~other
lands in the City.
Section 5. Any decision of the City Engineer may be
appealed to the Common Council of the City of Woodburn.
Section 6. Penalties for violation. Any person violating
any provision of this ordinance shall be punished by a fine of
not more than five hundred dollars, or by imprisonment for
a period not exceeding six months, or by both such fine and
imprisonment. Every person shall be deemed guilty of a separate
offense for every day during any portion of which any violation
of any provision of this ordinance is committed, continued, or
permitted by such person, and shall be punishable thereof as
provided in this ordinance. Nothing contained herein shall
limit or prohibit the City from enjoining the continuous
violation of this ordinance pursuant to State law and remedies,
When a person violates this ordinance, such person may be
required by the Common Council to repair any damage or remedy
such hazardous conditions as the Council may direct.
Page 2 - Council Bill No, 353
nr~inan~A Nn 15ti~
Section 7. This ordinance being necessary for the
immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this ordinance
shall take effect upon its passage by the Council and approval
by the Mayor,
PASSED BY THE COUNCIL
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
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ATTEST ~ ~~' , . ~ , ~,~~ ~ ~ ~- , ~.
Barney 0. Burris, Recorder
City of Woodburn
,.. '":
APPROVE. °-
Stanley C. Li Mayor
3
June 2 ~; 19 7 7
June 27, 1977
June 28, 1977
June 28, 1977
Page 3 - Council Bill No. 353
Ordinance No.1565
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1565, one of which said copies posted in the
City Hall on the bulletin board next to the entrance to the
Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Paul Sowa and Sons building at 182 Young Street, in
full view of the traveling public; that all of said places
are public places within the corporate limits of the City
of Woodburn and that all of said copies were posted on the
28th day of June 19?7.
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Barney Of: Bu~'ris , Recorder
City of Woodburn, Oregon