1992-26349-Minutes for Meeting July 08,1992 Recorded 8/5/1992i
7e- XP 0119-0063
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
July 8, 1992 9 2,i` _ P M 3: 2
Chairman Maudlin called the meeting to order
members in attendance were Chairman Maudlin, Tom
Schlangen. Also present were: Rick Isham,
Chalfant, Property Management Specialist; and
Director.
1. CONSENT AGENDA
at 10:03 k at L.EEP"dt L0
Throop, and y}P f,
County Counsel; Bra
George Read, Planning
Consent agenda items before the Board were: #1, signature of
renewal of contract with JCRI to provide treatment services; #2,
signature of petition to intervene with FERC regarding relicense
of the Bend Hydroelectric Project; and #3, signature of Order 92-
070 assigning the road name McGilvray Road.
THROOP: I'll move approval of the three consent agenda
items.
SCHLANGEN: I second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
2. ORDER 92-074 ESTABLISHING CERTAIN PROCEDURES FOR REVIEW OF FARM
AND NONFARM DWELLINGS
Before the Board was consideration of procedures for review of
farm and nonfarm dwellings. Rick Isham stated that Bruce White,
Assistant Legal Counsel, was not present and that the materials
were not ready. He said the farm/non-farm dwelling application
form would be completed a week from this date, so it was decided
to place this on the agenda for the following week.
3. FORFEITURE ORDINANCE 92-022
Before the Board was consideration of an ordinance declaring
certain vehicles nuisances, providing for the forfeiture of the
vehicles, declaring an emergency, and providing an effective date.
Rick Isham gave a brief discussion and explanation of the
ordinance. He stated that the ordinance would allow certain motor
vehicles to be declared a nuisance, and that those declared a
nuisance would be those driven by drivers whose operator's
licenses had been suspended or revoked, that they had been
arrested for criminal driving while suspended or revoked, or were
in violation of a special permit they had received. He stated
that a second categoy the ordinance would provide was that if an
individual was arrested while driving under the influence and had
a prior conviction for driving under the influence, or had
participated in a driving under the influence diversion program,
0119-0064
or had committed any traffic crime which involved a motor vehicle,
then there would be a basis for declaring the vehicle a nusiance.
He read from Pages 2 and 3, Section 1 of Ordinance 92-022 which
outlined the motor vehicles that would be declared nuisances and
subject to forfeiture (see attached copy of the Ordinance).
Chairman Maudlin asked if there would be a forfiture after the
first violation. Rick stated that it would have to be the second
offense unless the offender had previously participated in a
diversion program. He explained that if a person went through the
diversion program, even though he had pled guilty to driving under
the influence of intoxicants, he would not have a conviction. If
a person were arrested for DUII and had a previous conviciton for
DUII within 10 years, the car would be declared a nuisance and
subject to forfeiture. If a person were arrested for DUII and
within the previous 10 years had been arrested for DUII and
completed a diversion program (no conviction for that DUII was
entered), the car would be declared a nuisance and subject to
forfeiture.
Commissioner Schlangen expressed her concern regarding items 4-8
of the ordinance which dealt with nonalcohol related areas.
Chairman Maudlin stated his understanding was that if one were
arrested for fleeing or attempting to allude, one would have had
to be driving while suspended or under the influence before the
car would be impounded. If one was just arrested for attempting
to allude, that would not be an incidence unless that person was
under the influence. Rick Isham confirmed that this was true. He
stated that on all 1-8 items there had to be an arrest for DUII
and there had to be in existance in the prior ten years one of
those traffic crimes as listed.
THROOP: I move first and second reading by title only
of Ordinance 92-022.
SCHLANGEN: Second the motion.
VOTE: THROOP: YES
SHCLANGEN: YES
MAUDLIN: YES
Chairman Maudlin conducted the first and second readings of Ordinance
No. 92-022 by title only.
THROOP: I move adoption of the Ordinance.
SHCLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
PAGE 2 BOARD MINUTES: 7/8/92
0119-0065
4. ACCOUNTS PAYABLE VOUCHERS
Before the Board were the weekly bills in the amount of
$200,333.86.
SCHLANGEN: I move approval upon review.
THROOP: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
5. LIEN REPORT CONTRACT WITH KEY TITLE
Before the Board was the approval of a lien report contract. Brad
Chalfant explained that this was a standard lien report contract
done each year to prepare for the foreclosure process on
delinquent properties. He said that Key Title was the low
qualifying bidder and that they would be charging $80 per lien
report, which would drop to $20 for each additional property that
had an identical chain of ownership. He said the charge would be
$40 if the ownership was common, but the chain was significantly
different. He said the total consideration paid by the County to
the contractor under this contract would not exceed $5,000. He
asked that the Board approve it upon review.
THROOP: I'll move approval subject to review of the Board.
SHCLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
DESCHU COUNTY BOARD OF COMMISSIONERS
1
Tom hroop, C issioner
N v Pon c lartaen, Commissi� er
Dick Maudlin, Chairman
BOCC/mmh
PAGE 3 BOARD MINUTES: 7/8/92
REVIE _Q
4
____ = u CGiJNStf
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
An Ordinance Declaring Certain * 0119-0066Vehicles Nuisances; Providing
for the Forfeiture of the
Vehicles; Declaring an Emergency;
and Providing an Effective Date.
ORDINANCE NO. 92-022
WHEREAS, motor vehicles operated on highways by drivers whose
operators' licenses have been suspended or revoked or in violation of
a hardship or probationary permit in violation of ORS 811.182 result in
danger to persons and property and constitute a nuisance; and
WHEREAS, motor vehicles operated on highways and premises open to
the public by drivers who have violated ORS 813.010, Driving Under the
Influence of Intoxicants, who have a previous conviction for Driving
Under the Influence of Intoxicants or participated in a driving under
the influence diversion or statutory counterparts in any state within
10 years before the date of the driver's arrest or citation, or who
have previously committed certain crimes involving motor vehicles,
result in a danger to persons and property and constitute a nuisance;
and
WHEREAS, this ordinance provides a means by which the nuisance
resulting from the presence of these vehicles on highways and premises
open to the public may be abated; and
PAGE 1 - ORDINANCE NO. 92-022 (7-8-92)
,
0119-000'
WHEREAS, the County has authority to enact this civil regulation,
applicable to unincorporated Deschutes County, Oregon, by virtue of ORS
203.035; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS AS FOLLOWS:
Section 1. Title 10, Vehicles and Traffic, is hereby amended by
the addition of Chapter 10.20, Vehicle Nuisances - Forfeiture, which
reads as follows:
10.20.010 Certain Vehicles as Nuisances.
The following motor vehicles are hereby declared to be
nuisances and subject to forfeiture:
A. A motor vehicle operated by a person whose
operator's license is suspended or revoked or in violation of
a hardship or probationary permit in violation of the
provisions of ORS 811.182; and
B. A motor vehicle operated by a person under the
influence of intoxicants in violation of ORS 813.010, where
the person has:
a. Participated in a driving under the influence of
intoxicants diversion program as provided for by the Oregon
Revised Statutes, or its statutory counterparts in any
jurisdiction within ten years prior to arrest or citation; or
b. Been convicted or forfeited bail or security within
the previous ten years of:
1. Driving Under the Influence of Intoxicants under
ORS 813.010 or its statutory counterpart in any jurisdiction;
or
2. Any degree of murder, manslaughter, criminally
negligent homicide or assault resulting from the operation of
a motor vehicle, or statutory counterparts in any
jurisdiction; or
3. Any crime punishable as a felony with proof of a
material element involving the operation of a motor vehicle,
or statutory counterparts in any jurisdiction; or
4. Failure to perform the duties of a driver under ORS
811.705 or its statutory counterpart in any jurisdiction; or
5. Reckless driving under ORS 811.140 or its statutory
counterpart in any jurisdiction; or
PAGE 2 - ORDINANCE NO. 92-022 (7-8-92)
0 -IL 19-6668
6. Fleeing or attempting to elude a police officer
under ORS 811.540 or its statutory counterpart in any
jurisdiction; or
7. Any degree of recklessly endangering another
person, menacing or criminal mischief resulting from the
operation of a motor vehicle, or statutory counterparts in
any jurisdiction; or
8. Failure to perform the duties of a driver under ORS
811.700 while driving a commercial motor vehicle or its
statutory counterpart in any jurisdiction; or
C. Has habitual offender status under ORS 809.640 or
its statutory counterpart in any jurisdiction.
10.20.020 Impoundment.
Any vehicle declared a nuisance and subject to
forfeiture by this chapter may be impounded at the time of
arrest or citation of the driver for:
A. Criminal driving while suspended or revoked or in
violation of a hardship or probationary permit in violation
of ORS 811.182; or
B. Driving under the influence of intoxicants in
violation of ORS 813.010.
10.20.030 Forfeiture Proceedings.
All forfeiture proceedings pursuant to this Chapter
shall be conducted in accordance with Sections 1 to 14 and 22
Chapter 791, Oregon Laws, 1989, as amended by Chapters 218,
237, 276, 291, 791, 800 and 924, Oregon Laws, 1991.
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 August 1, 1992.
DATED this 8th day of July, 1992.
ATTEST:
ba&:2� , &el-'
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DES TES COUNTY, OREGON
E -60"
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-.LIN, Chai-rian
PAGE 3 - ORDINANCE NO. 92-022 (7-8-92)