1994-26543-Ordinance No. 94-034 Recorded 6/24/1994REVIEWED
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94-26543 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 13.08
Regarding Septic Location Approvals,
Declaring an Emergency and Providing
an Effective Date of July 1, 1994.
* a135--2484
ORDINANCE NO. 94-034
WHEREAS, any expansion or addition of structures on propeay may
encroach on drainfield or reserve areas for drainfields; and
WHEREAS, it is necessary that every building permit plot plan be
evaluated to determine if the expansion or addition of structures will
encroach upon the drainfield or reserve areas for drainfields; and
WHEREAS, it is desirable to amend Deschutes County's current
authority to review such expansions and/or additions to allow for
review without a field visit in certain instances; now therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment to Chapter 13.08. Section 13.08.030,
"Authorization Notice - Required When," is amended to read as follows:
"13.08.030 [Authorization Notice - Required When]
Septic Location Approval
A. [An authorization notice] A septic location approval is
required with every building permit for any expansion of an
existing building or the construction of an additional structure
on property where an existing permitted on-site sewage disposal
system [septic tank and drainfield] are located [if the septic
tank and drainfield are more than one year old].
B. Approval can be granted without a field visit if the
certificate of satisfactory completion matches the plot plan
submitted and in the judgment of the sanitarian or his delegates
the submitted documents clearly indicate that the existing on-site
sewage disposal system and its replacement area will not be
impacted.
C. If the sanitarian or his delegates cannot determine from
the documents submitted whether the existing on-site disposal
system or replacement area will be impacted or if the documents
clearly indicate an impact to the on-site sewage disposal system,
a field visit is required.
PAGE 1 OF 3 - ORDINANCE NO. 94-034 (6/22/94)
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D. If the expansion or additional structure would impact
the existing permitted on-site sewage disposal system or
replacement area, approval under this section may be given only if
in the determination of the sanitarian or his delegates the
existing system or its replacement area can be modified consistent
with applicable DEQ rules in a manner to accommodate the proposed
expansion or additional structure.
E. An approval under this section granted in reliance upon
information submitted that is misleading or inaccurate shall be
void."
Section 2. Language shown in brackets is to be deleted.
Language shown in bold-faced type is to be added.
Section 3. Codification. The Code Book Review Committee shall
have the authority to format the provisions contained herein in a
manner that will integrate them into the County Code consistent with
the Code Book Review Committee's form and style for ordinance
codification. Such codification shall include the authority to make
format changes, to make changes in numbering systems and to make such
numbering changes consistent with interrelated code sections. In
addition, as part of codification of these ordinances, the Code Book
Review Committee may insert appropriate legislative history references.
Any legislative history references included herein are not adopted as
part of the substance of this ordinance, but are included for
administrative convenience and as a reference. They may be changed to
correct errors and to conform to proper style without action of the
Board of County Commissioners.
Section 4. Repeal of Ordinances as Affecting Existing
Liabilities. The repeal, express or implied, of any ordinance,
ordinance provision, code section or an line on any map by this
ordinance shall not release or extinguish any duty, condition, penalty,
forfeiture, or liability incurred under such ordinance, ordinance
provision, code section or map feature unless a provision of this
ordinance shall so expressly provide, and such ordinance repealed shall
be treated as still remaining in force for the enforcement of such
duty, condition, penalty, forfeiture, or liability, and for the purpose
of authorizing the prosecution, conviction and punishment of the person
or persons who violated the repealed ordinance.
Section 5. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause, or phrase of this
ordinance or any exhibit thereto is adjudged to be invalid by a court
of competent jurisdiction, that decision shall not affect the validity
of the remaining portions of this ordinance or any exhibit thereto.
PAGE 2 OF 3 - ORDINANCE NO. 94-034 (6/22/94)
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Section 6. Emergency. 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 July
1, 1994.
DATED this 22nd day of June, 1994.
BOARD OF COUNTY COMM &SIONERS
OF�ESCHUTtS i