1995-05217-Ordinance No. 95-005 Recorded 2/2/199595-052172!�L
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,',�QREGON
An Ordinance Amending Title 15, Section
15.04.070, Building Abatement Code -Adopted,
of the Deschutes County Code. * '`
ORDINANCE NO. 95-005
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Section 15.04.070, Building Abatement Code -Adopted is
amended as set forth in Exhibit A, attached hereto and by this
reference incorporated herein.
Section 2. 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
a reference. They may be changed to correct errors and to conform to
proper style without action of the Board County Commissioners.
1.at j �G�lr
DATED this Yah day of 3y, 1995.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
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BARRY H. SLAUGHTER, hairman
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ATT NANCY POPE SCH GEN, Commissi ner
Recording Secre ary RO RT L. NIPPER, C um
PAGE 1 OF 1 - ORDINANCE NO. 95-005 (1-18-95)
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EXHIBIT A
15.04.070 Building abatement
code -Adopted.
A. Except as provided in [paragraph]
subsection 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] 1991 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 buildings 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. The Uniform Code for the Abatement of
Dangerous Buildings [Chapter 9 of the
Building Abatement Code, "Recovery of Cost
of Repair or Demolition,"] is adopted as
amended below:
1. The words "or premises" are inserted
after the word "building" under sections 401,
402, 403, 404, 701, 703, 802 and 901;
2. Chapter 9 is amended as follows:
Section 901. Account of Expense, Filing of
Report: Contents. The director of [public
works] the Community Development
Department 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
t 1 8°�0,a
entitled to notice pursuant to subsection (c) of
section 401.
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
newspaper 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 objections 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
Page 1 - Exhibit A - Ord. 95-005 (01/18/95)
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] may 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 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.
(Ord. 95-005 § 1, 1995; 88-027 § 1,1988; Ord.
83-056 § 5, 1983)
Page 2 — Exhibit A — Ord. 95-005 (01/18/95)