1995-05216-Ordinance No. 95-002 Recorded 2/2/1995REVIEWED
95�0�216 `�
LEGAL' COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES �YJXTY, ORE GON
"0
An Ordinance Amending Title 13, Sections 13.36.010,
Creation of Nuisance, 13.36.050, Method of Abatement,
and Section 13.40.040, Violation -Penalty, of the * C"
Deschutes County Code; and adding Section 13.36.012,
Definition -Nuisance.
ORDINANCE NO. 95-002
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Section 13.36.010, Creation of Nuisance, is amended as
set forth in Exhibit A, attached hereto and by this reference
incorporated herein.
Section 2. Section 13.36.050, Method of Abatement, is amended as
set forth in Exhibit A, attached hereto and by this reference
incorporated herein.
Section 3. Section 13.40.040, Violation -Penalty, is amended as
set forth in Exhibit A, attached hereto and by this reference
incorporated herein.
Section 4. Adopting Section 13.36.012, Definition -Nuisance, as
set forth in Exhibit A, attached hereto and by this reference
incorporated herein.
Section 5. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the County
Legal Counsel form and style for ordinance codification. Such
codification shall include the authority to make such 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, County Legal Counsel may insert
appropriate legislative history reference. 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
KEY
F E 21995
PAGE 1 OF 2 - ORDINANCE NO. 95-002 (1-18-95) `` '111ED
1995
s
0138--4339
a reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
DATED this day of '�M�1995.
AT T:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF nvSCHUTES COUNTY, OREGON
DORY H. SLAUGHTE , ChaArman
��U Pn ItL Q Pvcdv
E
, Commissio
T L. NIPPER, Coh(miissioner
PAGE 2 OF 2 - ORDINANCE NO. 95-002 (1-18-95)
EXHIBIT A
13.36.010 Creation of Nuisance.
Except as otherwise authorized under this
[division] chapter, no person shall [store,
collect, maintain or display on private
property, waste or solid waste that is offensive
or hazardous to the health or safety of the
public or which creates offensive odors or a
condition of unsightliness. Storage, collection,
maintenance or display of waste or solid waste
in violation of this section is declared to be a
public nuisance which may be abated as
provided in section 13.36.050 of this chapter.]
create or maintain a nuisance on private
property. Such nuisances are declared to be
public nuisances which may be abated as
provided under Deschutes County Code
15.04.070 or by instituting court proceedings.
(Ord. 95-002 § 1, 1995; 85-037 § 12.01(1),
1985)
13.36.012 Definition -Nuisance
A. "Nuisance" includes:
1. All open holes, wells, cisterns, cesspools,
or unsanitary septic tanks, foundations or
non-operating refrigerators, freezers, or
iceboxes with attached doors;
2. Solid waste; as defined under Deschutes
County Code 13.12.040(33).
3. Those definitions of nuisance pursuant to
Deschutes County Code sections 12.35.100,
15.04.170, and 18.144.040; or
4. Land that as a result of grading
operations, excavation or fill causes erosion,
subsidence or surface water drainage
problems of such magnitude as to be
injurious or potentially injurious to adjacent
properties or to the public health, safety and
welfare.
B. Generally accepted, reasonable and
prudent farming and forest practices as
described in ORS 30.930 to ORS 30.937 do
not constitute nuisances under this section.
(Ord. 95-002 § 4, 1995)
[13.36.050 Abatement of solid
waste nuisances.
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 assistance
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 possession 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
violation 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 person or persons, and publication in a
newspaper of general circulation in the county
on one occasion within fifteen days of the
mailing of notice.
D. Form of Notice. The written notice of
violation shall be dated and shall state:
1. The nature and location of the alleged
nuisance; and
2. That if the nuisance has not been abated,
the 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 or the show cause hearing shall
not be less than fifteen nor more than forty
days from the date of notice. At the time and
Page 1 — Exhibit A — Ord. 95-002 (01/18/95)
place described in the notice, the board shall
conduct a public hearing on the existence of
the alleged nuisance. The administrator shall
report the evidence and the testimony of
witnesses. The person or persons served with
notice shall be permitted to cross-examine the
administrator or the administrator's witnesses
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 a 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 the 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.
I. Other Remedies. Nothing in this section
shall prevent the board and/or any person who
has suffered special damage from the nuisance
from instituting court proceedings to abate the
nuisance. (Ord. 88-002 § 1, 1988; Ord. 85-037
§ 12.02, 1985)]
13.36.050 Abatement of
Nuisances.
A. Except as otherwise authorized under
Deschutes County Code, the condition of a
building or land which has been determined
to constitute a nuisance is in violation of this
code, and may be abated by repair,
0138- ° 11
rehabilitation, demolition or removal in
accordance with the procedures provided
under Deschutes County Code 15.04.070.
(Abatement of Dangerous Buildings)
B. Nothing in this Chapter shall be deemed
to limit or otherwise modify the ability of the
Board and/or any person who has suffered
special damage from the nuisance, to abate
nuisances through alternative remedies as
provided for under the law. (Ord. 95-002 § 2,
1995; 88-002 § 1, 1988; Ord. 85-037 § 12.02,
1985)
Page 2 — Exhibit A — Ord. 95-002 (01/18/95)
_/
13.40.040 Violation -Penalty.
A. Any violation of section 13.20.040,
13.24.010, 13.28.010, 13.36.010, 13.36.020,
13.36.030, 13.36.040 or 13.36.045 of this
[division] chapter constitutes a Class A
infraction. [and shall be punishable upon
conviction by a fine of not more than five
hundred dollars.
B. Each day a violation described in
subsection A of this section continues
constitutes a separate offense and is
punishable as a continuing infraction under
chapter 1.16 of this code.] (Ord. 95-002 § 3,
1995; Ord. 90-008 § 2, 1990; Ord. 86-035 § 1,
1986; Ord. 85-037 § 13.04, 1985)
Page 3 - Exhibit A - Ord. 95-002 (01/18/95)