1988-00331-Ordinance No. 88-002 Recorded 1/7/1988V
88-00331
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending Section
13.36.050 and Repealing Sec-
tion 13.36.060 of the
Deschutes County Code, Relat-
ing to Abatement of Solid
Waste Nuisances, and Declar-
ing an Emergency.
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V _
DESCHUTES COUNTY, OREGON
MICROFILMED
JAN 21'1988 }` _
009430�-0a1 f
ORDINANCE NO. 88-002
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 13.36.050 of the Deschutes County Code,
"Abatement of Solid Waste Nuisances," is amended to read as
follows:
"A. Investigation. The administrator, with or without
a written and signed complaint of any person, public
agency or public body, may investigate to determine
whether a nuisance exists under Section 13.36.010 of
this chapter. The administrator may request the as-
sistance of the county sheriff for the purpose of
conducting an investigation.
"B. Notice of Violation. After investigation, if the
administrator finds reasonable cause to believe a
nuisance exists, the administrator shall give written
notice thereof to the board, to the alleged violator,
and to the owner, tenant, occupant or person in posses-
sion of the property or premises where the nuisance is
alleged to exist, as provided in subsection C of this
section.
"C. Service of Notice. The written notice of viola-
tion shall be served on the person or persons described
in subsection B of this section by the following means:
"1. Posting of the notice in a conspicuous place
upon the property or premises where the
nuisance is alleged to exist for a period of
fifteen days; and
"2. Personal service upon the person or persons
listed in subsection B of this section, or by
certified or registered mail, return receipt
requested, to the last known address of the
KEiRL� I0 person or persons and publication in a news-
paper of general circulation in Deschutes
County on one occasion within fifteen days
of the mailing of notice.
1 - ORDINANCE NO. 88-002
oo�o=oo� s
"D. Form of Notice. The written notice of violation
shall be dated and shall state:
"1. the nature and location of the alleged nui-
sance; and NICROFILMED
"2. that if the nuisance has not been abated, the.JAy 2 1 1988
person or persons receiving notice shall
appear before the board at the time and place
stated in the notice and show cause why a
nuisance should not be declared.
"E. Show Cause Hearing. Unless the board finds that
there is an immediate and serious hazard to the health
or safety of the public, the time set for the show
cause hearing shall not be less than fifteen nor more
than forty days from the date of notice. At the time
and place described in the notice, the board shall
conduct a public hearing on the existence of the al-
leged nuisance. The administrator shall report the
findings from the investigation, and may submit evi-
dence and the testimony of witnesses. The person or
persons served with notice shall be permitted to cross-
examine the administrator or the administrator's wit-
nesses and may present evidence and call witnesses.
Any interested person, public agency or public body who
requests the opportunity shall be heard, subject to the
right of the person or persons served with notice to
cross-examine.
"F. Declaration of Nuisance. If the board finds from
the record at the public hearing that nuisance exists,
it shall declare the existence of a nuisance.
"G. Order of Abatement. If a nuisance is declared,
the board may order all responsible persons who were
notified to abate the nuisance within a reasonable time
set by the board.
"H. Lien. If the person or persons directed by the
board to abate the nuisance fail to do so within the
time specified by the board, the board may remove from
the subject property or premises the waste or solid
waste found to be the cause of such nuisance. The cost
of such collection shall be paid by the person or
persons found by the board to be responsible for the
creation or maintenance of the nuisance and shall be a
lien upon such property or premises until paid. The
county and its employees and agents shall not be liable
for any trespass to, or conversion of, any real or
personal property reasonably required in removing such
waste or solid waste.
2 - ORDINANCE NO. 88-002
"I. Other Remedies. Nothing in this section shall h1[�ROf/LMED
prevent the board and/or any person who has suffered JAN 2 1 1968
special damage from the nuisance from instituting court
proceedings to abate the nuisance."
Section 2. Section 13.36.060 of the Deschutes county Code,
"Civil Action," is hereby repealed.
Section 3. This Ordinance being necessary for the preserva-
tion of the public peace, health and safety, an emergency is
declared to exist, and this Ordinance takes effect on its
passage.
DATED this P day of "U , 1988.
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BOARD OF COUNTY COMMISSIONERS
OF DF,,SCHUTES,,COUNTY, AEGON
STOW PRANTE, Commissioner
ATT ST: TOM fi OOp C mission
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Recording Secretary MCK MAUDLIN, Chairman
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