1988-14790-Ordinance No. 88-027 Recorded 7/8/198888-14790
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES
15-
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An Ordinance Amending Section * 091 0310
15.04.070 Of The Deschutes * �-
County Code, Relating To The * ��
Abatement Of Dangerous Build-
ings, And Declaring An * }-
Emergency. *y
ORDINANCE NO. 88-027�rp
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 15.04.070 of the Deschutes County Code,
"Building Abatement Code -- Adopted", is amended to read as
follows:
"A. Except as provided in paragraph B. of this
Section, a certain book or publication, a copy of which
is on file with the county clerk, marked and entitled,
Uniform Code for the Abatement of Dangerous Buildings,
1985 Edition, hereinafter referred to as "building
abatement code," is adopted in its entirety as the
building abatement code for the unincorporated areas of
the county, for regulating and controlling the repair,
vacation, demolition and abatement of dangerous build-
ings in the unincorporated areas of the county. The
Building Abatement Code adopted and on file in the
county clerk's office is referred to and by this
reference made a part of this chapter as though fully
set out in this chapter.
"B. Chapter 9 of the Building Abatement Code,
"Recovery of Cost of Repair or Demolition," is adopted
as amended below:
"Section 901. Account of Expense, Filing of
Report: Contents. The director of public works shall
keep an itemized account of the expense incurred by the
County in the repair or demolition of any building done
pursuant to the provisions of Section 701(c)3 of this
code. Upon the completion of the work of repair or
demolition, said director shall prepare and file with
the Board of County Commissioners a report specifying
the work done, the itemized and total cost of the work,
a description of the real property upon which the
building or structure is or was located, and the names
and addresses of the persons entitled to notice pur-
suant to Subsection (c) of Section 401.
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"Section 902. Report Transmitted To Board -- Set
For Hearing. Upon receipt of said report, the Board
shall fix a time, date and place for hearing said
report and any protests or objections thereto. The
Board shall cause notice of said hearing to be posted
upon the property involved, published once in a news-
paper of general circulation in this jurisdiction, and
served by certified mail, postage prepaid, addressed to
the owner of the property as the owner's name and
address appear on the last assessment roll of the
county. Such notice shall be given at least 10 days
prior to the date set for hearing and shall specify the
day, hour and place when the Board will hear and pass
upon the director's report, together with any objec-
tions or protests which may be filed as hereinafter
provided by any person interested in or affected by the
proposed charge.
"Section 903. Protests and Objections -- How Made.
Any person interested in or affected by the proposed
charge may file written protests or objections with the
Board at any time prior to the time set for the hearing
on the report of the director. Each such protest or
objection must contain a description of the property in
which the signer thereof is interested and the grounds
of such protest or objection.
"Section 904. Hearing of Protests. Upon the day
and hour fixed for the hearing, the Board shall hear
and pass upon the report of the director together with
any objections or protests. The Board may make such
revision, correction or modification in the report or
the charge as it may deem just; and when the Board is
satisfied with the correctness of the charge, the
report (as submitted or as revised, corrected or
modified) together with the charge, shall be confirmed
or rejected. The decision of the Board on the report
and the charge, and on all protests or objections,
shall be final and conclusive.
"Section 905. Personal Obligation and Lien Against
Property.
(a) General. The Board may thereupon order that said
charge shall be made a personal obligation of the
property owner and/or assess said charge as a lien
against the property involved.
(b) Personal Obligation. If the Board orders that the
charge shall be a personal obligation of the property
owner, it shall direct County Legal Counsel to collect
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the same on behalf of the County by use of all appropriate
legal remedies.
(c) Lien. If the Board orders that the charge shall
be assessed as a lien against the property, it shall
direct County Legal Counsel to take all necessary
action to perfect the lien under the provisions of ORS
Chapter 87.
"Section 906. Lien.
(a) Priority. Any lien filed pursuant to this Chapter
shall have the priority established in ORS Chapter 87
for construction liens. The lien shall continue until
the principle and all interest due and payable thereon
are paid.
(b) Interest. Any such lien filed shall bear interest
at the then legal rate.
"Section 907. Foreclosure of Lien. The lien
filed pursuant to Section 905 of this Chapter shall be
foreclosed as provided in ORS Chapter 87.
"Section 908. Disbursement of Lien. All money
recovered from the sale of the property through lien
foreclosure proceedings under ORS Chapter 87 shall be
paid to the County treasurer, who shall credit the same
to the County General Fund."
Section 2. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this &t day ofG�' , 1988.
BOARD OF COUNTY COMMISSIONERS
OF WSCHUTES COUNTS OREGON
LOIS ;IRIITOW PRANTE, Commissioner
ATTEST: TOM ROO ommission
Recording Secretary DICK MAUDLIN, Chairman
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