1995-17136-Ordinance No. 95-029 Recorded 5/18/1995REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 4, * u -
Revenue and Finance, of the * {
Deschutes County Code and * {
Declaring an Emergency.
ORDINANCE NO. 95-029 0146-0�"q
60
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Title 4, "Revenue and Finance," as
amended and as presented here in its codified form is further amended
to read as set forth in Exhibit "A," attached hereto and by this
reference incorporated herein, with new language in bold type and
deletions noted in brackets.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance 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.
Section 3. 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 Deschutes
County Form and Style Manual for Board Documents. 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 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 any map or any line on a map
incorporated therein by reference, by this amending ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred or that may hereafter be incurred under
such ordinance, unless a provision of this amending ordinance shall so
expressly provide, and such ordinance repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution 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
previously violated the repealed ordinance.
i. - r
PAGE 1 - ORDINANCE NO. 95-029 (5/17/95) t,,;,-,:,,i!,'11"ID I
`i� 913 % ,, 1 1995
kAk
0146-0961
Section 5. 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 its
passage.
DATED this 17th day of May, 1995.
BOARD OF
OF ASCH
ATT T:
7
Recording Secretary
PAGE 2 - ORDINANCE NO. 95-029 (5/17/95)
COMMISSIONERS
NTY,OREGON
y,
(W / 1
0146-°0962
EXHIBIT "A"
Title 4
REVENUE AND FINANCE
Chapters:
4.04
Contract Rules and Procedures
4.08
Transient Room Tax
4.12
Service Fee Adjustments
4.16
(Repealed by Ord. 95-009 § 1, 1995)
4.20
Public Land Corner Preservation Fund
4.24
(Repealed by Ord. 95-009 § 1, 1995)
4.28
(Repealed by Ord. 95-012 § 1, 1995)
4.32
Split Serial Levies
Chapter 4.04
CONTRACT RULES AND PROCEDURES
Sections:
contracts.
4.04.010
Purpose.
4.04.020
Definitions.
4.04.025
Definition -Board.
4.04.030
Definition -Commission.
4.04.035
Definition -Competitive bidding.
4.04.040
Definition -Competitive quotes.
4.04.045
Definition -Public contract.
4.04.050
Definition -Public contracting
officer.
4.04.060
Competitive bids required -
Exemptions.
4.04.070
Constructionmanager/general
contractor.
4.04.080
Exemptions -Additional
contracts.
4.04.090
Exemptions -Emergency
4.04.010 Purpose.
The rules codified in this chapter are
promulgated by the local contract review
board, as designated by chapter 2.36 of this
code, pursuant to the authority granted to that
board by Oregon Revised Statutes chapter
279, for the purpose of establishing the rules
and procedure for contracts entered into by
the county. (§ 1 of Res. passed 5/19/76)
4.04.020 Definitions.
For the purposes of this chapter, unless
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as [follows:] set forth in 4.04.025-050.
(Ord. 95-029 § 1, 1995; § 2 of Res. passed
5/19/76)
Chapter 4.04
0146-0063
4.04.025 Definition -Board.
"Board" means the local contract review
board for the county, as established by chapter
2.36 of this code. (§ 2 of Res. passed 5/19/76)
4.04.030 Definition -Commission.
"Commission" means the County Board of
Commissioners. (§ 2 of Res. passed 5/19/76)
4.04.035 Definition -Competitive bidding.
"Competitive bidding" means the solicitation
of competitive offers which follow the formal
process for advertising, bid and bid opening
required by Oregon Revised Statutes chapter
279, and applicable rules of the board. (§ 2 of
Res. passed 5/19/76)
4.04.040 Definition -Competitive quotes.
"Competitive quotes" means the solicitation
of offers from competing vendors. The
solicitation may be by advertisement or a
request to vendors to make an offer. The
solicitation and the offer may be in writing or
oral. (§ 2 of Res. passed 5/19/76)
4.04.045 Definition -Public contract.
"Public contract" means any purchase, lease
or sale of personal property, public
improvements or services other than
agreements which are exclusively for personal
services. (§ 2 of Res. passed 5/19/76)
4.04.050 Definition -Public contracting
officer.
"Public contracting officer" means the
commission or the person or persons
designated by the commission to negotiate
public contracts for the county. (§ 2 of Res.
passed 5/19/76)
4.04.[030]060 Competitive bids required -
Exemptions.
All contracts shall be based upon
competitive bids except:
A. Contracts With Public Agencies.
Contracts made with, or the cost of which is
provided by, other public agencies or the
federal government.
(5/95)
contracts.
4.04.100
Brand name specification.
4.04.110
Mandatory prequalification.
4.04.120
Bidder disqualification.
4.04.130
Bid rejection.
4.04.140
Appeals.
4.04.010 Purpose.
The rules codified in this chapter are
promulgated by the local contract review
board, as designated by chapter 2.36 of this
code, pursuant to the authority granted to that
board by Oregon Revised Statutes chapter
279, for the purpose of establishing the rules
and procedure for contracts entered into by
the county. (§ 1 of Res. passed 5/19/76)
4.04.020 Definitions.
For the purposes of this chapter, unless
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as [follows:] set forth in 4.04.025-050.
(Ord. 95-029 § 1, 1995; § 2 of Res. passed
5/19/76)
Chapter 4.04
0146-0063
4.04.025 Definition -Board.
"Board" means the local contract review
board for the county, as established by chapter
2.36 of this code. (§ 2 of Res. passed 5/19/76)
4.04.030 Definition -Commission.
"Commission" means the County Board of
Commissioners. (§ 2 of Res. passed 5/19/76)
4.04.035 Definition -Competitive bidding.
"Competitive bidding" means the solicitation
of competitive offers which follow the formal
process for advertising, bid and bid opening
required by Oregon Revised Statutes chapter
279, and applicable rules of the board. (§ 2 of
Res. passed 5/19/76)
4.04.040 Definition -Competitive quotes.
"Competitive quotes" means the solicitation
of offers from competing vendors. The
solicitation may be by advertisement or a
request to vendors to make an offer. The
solicitation and the offer may be in writing or
oral. (§ 2 of Res. passed 5/19/76)
4.04.045 Definition -Public contract.
"Public contract" means any purchase, lease
or sale of personal property, public
improvements or services other than
agreements which are exclusively for personal
services. (§ 2 of Res. passed 5/19/76)
4.04.050 Definition -Public contracting
officer.
"Public contracting officer" means the
commission or the person or persons
designated by the commission to negotiate
public contracts for the county. (§ 2 of Res.
passed 5/19/76)
4.04.[030]060 Competitive bids required -
Exemptions.
All contracts shall be based upon
competitive bids except:
A. Contracts With Public Agencies.
Contracts made with, or the cost of which is
provided by, other public agencies or the
federal government.
(5/95)
B. Personal Service Contracts. Contracts
which are exclusively for personal services.
Such contracts may include incidental
materials such as written reports or opinions,
architectural or engineering renderings and
other supplemental materials required for
providing the services.
C. Contracts Under $10,000.00. Contracts
for purchase where the amount does not
exceed $10,000.00.
1. Where contracts are for more than
$5,000.00, at least three competitive quotes
shall be obtained where practicable. A written
record shall be made containing the source
and amount of the quotes received.
2. Where contracts are for more than
$500.00 but less than $5,000.00, competitive
quotes may be obtained where practicable.
3. No contractor may be awarded, in the
aggregate, within the fiscal year, contracts in
excess of $20,000.00 under this subsection
without competitive bidding. In computing
the aggregate under this subsection, awards
under $500.00 need not be included.
D. Contracts for Price Regulated Items.
Contracts for the purchase of goods or
services where the rate or price for the goods
or services being purchased is established by
federal, state or local regulatory authority.
E. Allocated Petroleum Products.
Contracts for the purchase of petroleum
products if such purchase is required to be
made from a particular supplier as a result of
a federal allocation or if [purchase] purchased
from other than an established supplier could
jeopardize an allocation or future supply of
such petroleum products.
F. Copyrighted Materials. Contracts for
the purchase of copyrighted materials where
there is only one supplier available for such
goods.
G. Advertising Contracts. Contracts for
the purchase of advertising, including that
intended for the purpose of giving public
notice.
H. Investment Contracts. Contracts for the
purpose of investment of public funds or the
borrowing of funds.
0146-0964
I. Requirements Contracts. Purchase of
goods or services from a supplier when the
price of the goods and services has been
established under a previously competitive bid
requirements contract whereby it is agreed to
purchase requirements or an anticipated need
at a predetermined price.
J. Single Seller or Price of Products
Required. Contracts for purchase where there
is only one seller or price of a product of the
quality required available within a reasonable
purchase area.
K. Data Processing Contracts. Contracts
for purchase or acquisition of data processing
(hardware or software) may be let without
competitive bid subject to the following
conditions:
1. Prior to selection of the contractor,
reasonable efforts have been made to solicit
proposals from all known vendors. If the
amount of the contract exceeds $10,000.00,
written proposals shall be solicited from the
appropriate vendors appearing on the list
composed by the Data Systems Division of the
executive branch of the state or by publication
of an advertisement in a major trade
publication of general circulation.
2. The contract is selected on the basis of
the most competitive offer in both the cost
and quality of the product to be purchased or
acquired.
3. Whenever a contract for data processing
let pursuant to this exemption exceeds
$5,000.00, a written report shall be submitted
to the board. The report shall include:
a. The name of the company and, if
applicable, the name of the retail vendor;
b. The reasons why competitive bidding
was not appropriate; and
c. A description of the reasons why the
contractor was selected and other proposals
rejected.
L. Insurance Contracts. Contracts for
insurance.
M. Contract Amendments. Any contract
amendment, including change orders, extra
work, field orders or other change in the
original specifications which changes the
Chapter 4.04 2 (5/95)
original contract price or alters the work to be
performed, may be made with the contractor
subject to the following conditions:
1. The original contract imposes a binding
obligation on the parties covering the terms
and conditions regarding change in the work;
2. The amended contract does not
substantially alter the scope or nature of the
project; or
3. If the amendment has the effect of
substantially altering the scope or nature of
the project, the amount of the aggregate cost
change resulting from all amendments creating
such new obligations shall not exceed 10
percent of the initial contract.
N. Equipment Maintenance. Contracts for
the purchase of services, equipment or
supplies for the maintenance, repair or
conversion of existing equipment are exempt
if required for the efficient utilization of the
equipment. Where practicable, competitive
quotes shall be obtained.
O. Asphaltic Concrete and Rock.
Contracts for the purchase of asphaltic
concrete and rock where the material is to be
used for maintenance. Where practicable,
competitive quotes shall be obtained.
P. Bids Obtained by the State for Same
Materials. Contracts for the purchase of
materials where competitive bids for the same
materials have been obtained by the state, and
the contract is awarded to the same party that
the state dealt with, and the price of the
materials is the same or lower than that paid
by the state.
Q. Sale of Personal Property. Personal
property may be disposed of without
competitive bidding under any of the following
conditions:
1. There are specific statutory procedures
for the sale of the type of property involved,
and the property is disposed of according to
those procedures;
2. The property has a value of less than
$500.00 unless otherwise provided by statute;
or
3. The public contracting officer finds that
competitive bids would be inappropriate for
0146-0965
the type of property involved. A report of all
sales made under this subsection shall be
made to the board and shall include the
reasons that competitive bids were deemed
inappropriate. (Ord. 95-029 § 1, 1995; § 3 of
Res. passed 5/19/76)
4.04. [035] 070 Construction manager/
general contractor.
Construction Manager/General Contractor
contracts are designated personal services
contracts. Construction Manager/General
Contractor contracts are exempt from Oregon
Revised Statutes 279.027(3) and 279.039. The
board by resolution may adopt selection
criteria applicable to Construction
Manager/General Contractor contracts. Such
criteria may be specifically related to a single
public improvement. (Ord. 95-029 § 1, 1995;
Ord. 93-007 § 1, 1993)
4.04.[040]080 Exemptions -Additional
contracts.
The board may by resolution exempt other
contracts from competitive bidding if it finds:
A. The lack of bids will not result in
favoritism or substantially diminish
competition in awarding the contract; and
B. The exemption will result in substantial
cost savings. In making such findings, the
board may consider the type, cost, amount of
the contract, number of persons available to
bid, and such other factors as the board may
deem appropriate. (Ord. 95-029 § 1, 1995; § 4
of Res. passed 5/19/76)
4.04. [050] 090 Exemptions -Emergency
contracts.
A contract may also be exempted from
competitive bidding if the commission, by
majority vote of members present, determines
that emergency conditions require prompt
execution of the contract. A determination of
such emergency shall be entered into the
record of the meeting at which the
determination is made. (Ord. 95-029 § 1,1995;
§ 5 of Res. passed 5/19/76)
Chapter 4.04 3 (5/95)
4.04. [060] 100 Brand name specification.
Specifications for contracts shall not require
any product by any brand name or mark, nor
the product of any particular manufacturer or
seller, unless the product is exempt from this
requirement under the provisions of
subsection (A) or (B) of this section.
However, this section shall not be construed
to prevent reference in the specifications to a
particular product as a description of the type
of item required.
A. A contract shall be exempt from the
requirements of this section under any of the
following conditions:
1. The specification is for a specific
copyrighted product. This exemption does not
include patented or trademark goods.
2. If there is only one manufacturer or
seller of a product of the quality required, or
if the efficient utilization of the existing
equipment or supplies requires a compatible
product of a particular manufacturer or seller,
a contract may specify such particular product
subject to the following conditions:
a. The product is selected on the basis of
the most competitive offer considering quality
and cost. "Cost" includes not only the product
price but also other items of expense such as
costs related to quality or conversion;
b. Prior to awarding the contract,
reasonable efforts have been made to notify
all known vendors of competing or
comparable products of the intended
specifications; and such vendors have been
invited to submit competing proposals. If the
amount of the purchase does not exceed
$5,000.00, such notice and invitation may be
informal. If the amount of the purchase
exceeds $5,000.00, such notice shall include
advertisement in at least one newspaper of
general circulation in the area where the
contract is to be performed and shall be timed
to allow competing vendors a reasonable
opportunity to make proposals; and
c. If the amount of the purchase exceeds
$2,500.00, and the contract is not also
pursuant to the data processing exemption in
section [4.04.030(I)] 4.04.060(K) of this
0146-4965
chapter, the public contracting officer shall
notify the board of the specification. The
notice shall be written and include a brief
description of the proposed contract, a
detailed description of the reasons why the
product and/or seller was selected and any
competing products and/or sellers that were
rejected. The description shall also include
the efforts made to notify and invite proposals
from competing vendors.
3. When it is impractical to create specific
design or performance specifications for a type
of product to be purchased, a list of approved
products by reference to particular
manufacturers or sellers may be specified in
accordance with the following product
prequalification procedure:
a. Reasonable efforts shall be made to
notify all known manufacturers or vendors of
competitive products of the intention to
accept applications for inclusion in the list of
prequalified products. Notification shall
include advertisement in a trade journal of
statewide distribution when possible. In lieu
of advertising, notification may be made to
vendors and manufacturers appearing on the
appropriate list maintained by the Department
of General Services of the state.
b. Applications for prequalification of
similar products are permitted up to 15 days
prior to advertisement for bids on the product.
c. If an application for inclusion in a list of
prequalified products is denied, or an existing
prequalification revoked, the applicant shall be
notified in writing. The applicant may, within
three days after receipt of the notice, appeal
the denial or revocation to the board
according to the procedure in Section
[4.04.07014.04.140 of this chapter.
B. The board may by resolution exempt
certain additional products or classes of
products upon any of the following findings:
1. It is unlikely that such exemption will
encourage favoritism in the awarding of the
contract or substantially diminish competition;
2. The specification of a product by brand
name or mark, or the product of a particular
manufacturer or seller, would result in
Chapter 4.04 4 (5/95)
substantial cost savings;
3. There is only one manufacturer or seller
of the product of the quality required[.]; or
4. Efficient utilization of existing
equipment or supplies require the acquisition
of compatible equipment or supplies. (Ord.
95-029 § 1, 1995 § 6 of Res. passed 5/19/76)
4.04. [070] 110 Mandatory prequalification.
Persons desiring to bid for contracts to
perform the classes of public improvements
described in subsection (A) of this section
shall submit a completed prequalification
statement to the public contracting officer.
This requirement shall apply only where the
public improvement contract amount exceeds
$10,000.00.
A. The classes of work for which
prequalification is required are as follows:
1. Highway, road and street improvements;
2. Concrete paving and flatwork;
3. Rock crushing;
4. Bituminous oiling;
5. Bituminous paving;
6. Reinforced concrete construction;
7. Dredging and piledriving;
8. Excavation and grading;
9. Sewer construction;
10. Sewage treatment plants;
11. Sewage pumping stations;
12. Waterlines;
13. Water reservoirs;
14. Water tanks, steel;
15. Water tanks, concrete;
16. Electrical wiring;
17. Traffic signaliza.tion;
18. Outdoor illumination;
19. Building construction;
20. Building alteration and repair,
21. Demolition and related excavation and
clearing;
22. Painting and decorating;
23. Plumbing;
24. Heating;
25. Roofing;
26. Air-conditioning;
27. Irrigation and sprinkling systems;
28. Drainage;
0146-096H,4
29. Landscaping.
B. Applications for prequalification shall be
submitted on the forms provided by the board
at the times designated by the board for such
prequalification.
C. Upon establishment of the applicant's
qualification, the public contracting officer
shall insure a qualification statement. The
statement shall inform the applicant of any
conditions which may be imposed on the
qualification and advise the applicant to notify
the public contracting officer promptly if there
has been any substantial change of conditions
or circumstances which would make any
statement contained in the prequalification
application no longer applicable or untrue.
The qualification statement shall also inform
the applicant that if he desires to appeal the
conditions of the prequalification varying his
application, written notice must be given to
the public contracting officer within three
business days after receipt of the notice.
D. If the public contracting officer does not
qualify an applicant, he shall give written
notice to the applicant stating the reasons that
prequalification has been denied and
informing the applicant of his right to appeal
the decision within three business days after
receipt of the notice.
E. Upon discovery that a person
prequalified is no longer qualified, the public
contracting officer shall send notification of
proposed revocation of qualification to the
person. The notice shall state the reason for
revocation and inform the person that the
revocation will be effective 10 days from the
date of the notice unless evidence that the
deficiency has been corrected or notice of
intent to appeal the revocation has been filed
with the public contracting officer within 10
days. (§ 9 of Res. passed 5/19/76)
4.04. [080] 120 Bidder disqualification.
The public contracting officer may disqualify
any person as a bidder on a contract if:
A. The person does not have sufficient
financial ability to perform the contract.
Evidence that the person can acquire a surety
Chapter 4.04 5 (5/95)
x 146-Vges
bond in the amount and type required shall be
sufficient to establish financial ability. If no
performance bond is required, the public
contracting officer may require such
information as he deems necessary to
determine the bidder's financial ability;
B. The person does not have equipment
available to perform the contract;
C. The person does not have personnel of
sufficient experience to perform the contract;
or
D. The person has repeatedly breached
contractual obligations to public and private
contracting agencies. (Ord. 95-029 § 1, 1995;
§ 7 of Res. passed 5/19/76)
4.04. [090] 130 Bid rejection.
The public contracting officer may reject
any bid not in compliance with all prescribed
public bidding procedures and requirements,
and may reject all bids if it is in the public
interest to do so. (Ord. 95-029 § 1, 1995; § 8
of Res. passed 5/19/76)
4.04. [100] 140 Appeals.
The procedures for appeals shall be as
follows:
A. Notice of appeal need not be in any
particular form so long as they are in writing
addressed to the public contracting officer.
B. Immediately upon receipt of such
written notice of appeal, the public contracting
officer shall inform the board.
C. Upon receipt of notice of appeal, the
board shall notify the person appealing of the
time and place of the hearing.
D. The board shall conduct the hearing
according to the provisions of Oregon Revised
Statutes 279.045(3) and decide the appeal
within 10 days after receiving the notification
and shall set forth in writing the reasons for
its decisions. (Ord. 95-029 § 1, 1995; § 10 of
Res. passed 5/19/76)
Chapter 4.04 6 (5/95)
Chapter 4.08
TRANSIENT ROOM TAX
Sections:
Refunds.
4.08.010
Short title.
4.08.020
Definitions.
4.08.025
Definition-Accrualaccounting.
4.08.030
Definition -Board.
4.08.035
Definition -Cash accounting.
4.08.040
Definition -County.
4.08.045
Definition -Hotel.
4.08.050
Definition -Occupancy.
4.08.055
Definition -Operator.
4.08.060
Definition -Person.
4.08.065
Definition -Rent.
4.08.070
Definition -Rent package plan.
4.08.075
Definition -Tax.
4.08.080
Definition -Tax administrator.
4.08.085
Definition -Transient.
4.08.090
Tax imposed.
4.08.100
Applicability.
4.08.110
Operator -Collection -Amount.
4.08.120
Operator -Collection -Procedure.
4.08.130
Exemptions.
4.08.140
Operator -Registration -Form
and contents -Execution -
Certification of authority.
4.08.150
Returns and payments -Date
due.
4.08.160
Penalties and interest -
Delinquency.
4.08.170
Penalties and interest
Continued delinquency.
4.08.180
Penalties and interest -Fraud.
4.08.190
Penalties and interest -
Assessment of interest.
4.08.200
Penalties and interest -
Penalties merged with tax.
4.08.210
Penalties and interest -Petition
for waiver.
4.08.220
Deficiency determination.
4.08.230
Fraud -Refusal to collect -
Evasion.
4.08.240
Operator delay.
4.08.250
Redeterminations.
4.08.260
Security for collection of tax.
4.08.270
Lien.
0146-0969
4.08.280
Refunds.
4.08.290
Transient room tax fund.
4.08.300
Recordkeeping.
4.08.310
Examination of records.
4.08.320
Administration -Confidentiality.
4.08.330
Appeals.
4.08.340
Unlawful acts -Penalty.
4.08.010 Short title.
This chapter shall be known as the county
transient room tax ordinance. (Ord. 203-3 § 1,
1975)
4.08.020 Definitions.
For the purposes of this chapter, unless
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as [follows] set forth in 4.08.025-
085.[:] (Ord. 95-029 § 1, 1995; Ord. 203-3 § 2,
1975)
4.08.025 Definition -Accrual accounting.
"Accrual accounting" means the operator
enters the rent due from a transient on his
records when rent is earned whether or not it
is paid. (Ord. 203-3 § 2, 1975)
4.08.030 Definition -Board.
"Board" means the County Board of
Commissioners. (Ord. 203-3 § 2, 1975)
4.08.035 Definition -Cash accounting.
"Cash accounting" means the operator does
not enter the rent due from a transient on his
records until rent is paid. (Ord. 203-3 § 2,
1975)
4.08.040 Definition -County.
"County" means Deschutes County and is
limited to the unincorporated area of the
county. (Ord. 203-3 § 2, 1975) .
4.08.045 Definition -Hotel.
"Hotel" means any structure, or any portion
of any structure which is occupied or intended
or designed for transient occupancy for 30
days or less, for dwelling, lodging or sleeping
Chapter 4.08 1 (5/95)
purposes, and includes any hotel, inn, tourist
home, tourist accommodation, condominium,
motel, studio hotel, bachelor hotel, lodging
house, rooming house, apartment house,
public or private dormitory, fraternity,
sorority, public or private club, space in
mobile home or trailer parks, private home, or
similar structure or portions thereof so
occupied. (Ord. 93-049 § 1, 1993; Ord. 203-3
§ 2, 1975)
4.08.050 Definition -Occupancy.
"Occupancy" means the use or possession, or
the right to the use or possession for lodging
or sleeping purposes of any room or rooms in
a hotel, or space in a mobile home or trailer
park or portion thereof. (Ord. 203-3 § 2,
1975)
4.08.055 Definition -Operator.
"Operator" means the person who is
proprietor of the hotel in any capacity.
Where the operator performs his functions
through a managing agent of any type or
character other than an employee, the
managing agent shall also be deemed an
operator for the purposes of this chapter and
shall have the same duties and liabilities as his
principal. Compliance with the provisions of
this chapter by either the principal or the
managing agent shall be considered to be
compliance by both. (Ord. 203-3 § 2, 1975)
4.08.060 Definition -Person.
"Person" means any individual, firm,
partnership, joint venture, association, social
club, fraternal organization, fraternity,
sorority, public or private dormitory, joint
stock company, corporation, estate, trust,
business trust, receiver, trustee, syndicate or
any other group or combination acting as a
unit. (Ord. 203-3 § 2, 1975)
4.08.065 Definition -Rent.
"Rent" means the consideration charged,
whether or not received by the operator, for
the occupancy of space in a hotel valued in
money, goods, labor, credits, property or other
0146-0 10
consideration valued in money, without any
deduction, but does not include the sale of
any goods, services and commodities other
than the furnishing of rooms accommodations
and parking space in mobile home parks or
trailer parks. (Ord. 203-3 § 2, 1975)
4.08.070 Definition -Rent package plan.
"Rent package plan" means the
consideration charged for both food and rent
where a single rate is made for the total of
both. The amount applicable to rent for
determination of transient room tax under this
chapter shall be the same charge made for
rent when consideration is not a part of a
package plan. (Ord. 203-3 § 2, 1975)
4.08.075 Definition -Tax.
"Tax" means either the tax payable by the
transient, or the aggregate amount of taxes
due from an operator during the period for
which he is required to report his collections.
(Ord. 203-3 § 2, 1975)
4.08.080 Definition -Tax administrator.
"Tax administrator" means the county
treasurer. (Ord. 203-3 § 2, 1975)
4.08.085 Definition -Transient.
"Transient" means any individual who
exercises occupancy or is entitled to occupancy
in a hotel for a period of 30 consecutive
calendar days or less, counting portions of
calendar days as full days. The day a transient
checks out of the hotel shall not be included
in determining the 30 -day period if the
transient is not charged rent for that day by
the operator. Any such individual so
occupying space in a hotel shall be deemed to
be a transient until the period of 30 days has
expired unless there is an agreement in writing
between the operator and the occupant
providing for a longer period of occupancy.
(Ord. 203-3 § 2, 1975)
4.08.[030]090 Tax imposed.
For the privilege of occupancy in any hotel,
on and after the effective date of the
Chapter 4.08 2 (5/95)
ordinance codified in this chapter, each
transient shall pay a tax in the amount of
seven percent of the rent charged by the
operator. The tax constitutes a debt owed by
the transient to the county which is
extinguished only by payment to the operator
as agent for the county. The transient shall
pay the tax to the operator of the hotel at the
time the rent is paid. The operator shall enter
the tax on his records when rent is collected if
the operator keeps his records on the cash
accounting basis and when earned if the
operator keeps his records on the accrual
accounting basis. If rent is paid in
installments, a proportionate share of the tax
shall be paid by the transient to the operator
with each installment. If for any reason the
tax due is not paid to the operator of the
hotel, the tax administrator may require that
such tax shall be paid directly to the county.
(Ord. 95-029 § 1, 1995; Res. 87-053 adopted
by the people 11/3/87; Ord. passed 3/11/80:
Ord. 203-3 § 3, 1975)
4.08. [040] 100 Applicability.
The tax imposed by this ordinance shall
apply only to those hotels located within the
unincorporated area of the county. (Ord. 95-
029 § 1, 1995; Ord. 203-3 § 4, 1975)
4.08. [050] 110 Operator -Collection -Amount.
A. Every operator renting rooms in the
county, the occupancy of which is not
exempted under the terms of this chapter,
shall collect a tax from the occupant. The tax
collected or accrued by the operator
constitutes a debt owed by the operator to the
county.
B. In all cases of credit or deferred
payment of rent, the payment of tax to the
operator may be deferred until the rent is
paid, and the operator shall not be liable for
the tax until credits are paid or deferred
payments are made.
C. For rent collected on portions of a
dollar, the first one cent of tax shall be
collected on [10 cents] one cent through [29]
14 cents, inclusive; the second one cent of tax
0146-09"11
on [thirty] 15 cents through [49] 28 cents; the
third one cent of tax on [50] 29 cents through
[69] 42 cents; the fourth one cent of tax on
[70] 43 cents through [89] 56 cents[ and]; the
fifth one cent of tax on [90] 57 cents through
[the next $1.00 and nine cents of rent] 70
cents; the sixth one cent of tax on 71 cents
through 84 cents and the seventh one cent of
tax on 85 cents through $.99. (Ord. 95-029 §
1, 1995; Ord. 203-3 § 5, 1975)
4.08. [060] 120 Operator -Collection -Procedure.
Each operator shall collect the tax imposed
by this chapter at the same time as the rent is
collected from every transient. The amount of
tax shall be separately stated upon the
operator's records, and any receipt rendered
by the operator. No operator of a hotel shall
advertise that the tax or any part of the tax
will be assumed or absorbed by the operator,
or that it will not be added to the rent, or
that, when added, any part will be refunded,
except in the manner provided by this chapter.
(Ord. 95-029 § 1, 1995; Ord. 203-3 § 6, 1975)
4.08. [070] 130 Exemptions.
No tax imposed under this chapter shall be
imposed upon:
A. Any occupant for more than 30
successive calendar days (a person who pays
for lodging on a monthly basis, irrespective of
the number of days in such month, shall not
be deemed a transient);
B. Any occupant whose rent is of a value
less than $4.00 per day;
[C. Any person who rents a private home,
vacation cabin or like facility from any owner
who personally rents such facilities incidentally
to his own use thereof;]
[D.]C.Any occupant whose rent is paid for
hospital room or to a medical clinic,
convalescent home or home for aged people.
(Ord. 95-029 § 1, 1995; Ord. 93-049 adopted
by the people 11/9/93; Ord. 93-020 § 1, 1993;
Ord. 203-3 § 7, 1975)
Chapter 4.08 3 (5/95)
4.08. [080] 140 Operator -Registration -Form
and contents -Execution -
Certification of authority.
A. Every person engaging or about to
engage in business as an operator of a hotel in
the county shall register with the tax
administrator on a form provided by him.
Operators engaged in business at the time the
ordinance codified in this chapter is adopted
must register not later than 30 calendar days
after passage of the ordinance codified in this
chapter. Operators starting business after the
ordinance codified in this chapter is adopted
must register within 15 calendar days after
commencing business. The privilege of
registration after the date of imposition of
such tax shall not relieve any person from the
obligation of payment or collection of tax
regardless of registration. Registration shall
set forth the name under which an operator
transacts or intends to transact business, the
location of his place or places of business and
such other information to facilitate the
collection of the tax as the tax administrator
may require. The registration shall be signed
by the operator. The tax administrator shall,
within 10 days after registration, issue without
charge from the occupant, together with a
duplicate thereof for each additional place of
business for each registrant. Certificates shall
be nonassignable and nontransferable and
shall be surrendered immediately to the tax
administrator upon the cessation of business
at the location named or upon its sale or
transfer. Each certificate and duplicate shall
state the place of business to which it is
applicable and shall be prominently displayed
therein so as to be seen and come to the
notice readily of all occupants and persons
seeking occupancy.
B. The certificate shall, among other
things, state the following:
1. The name of the operator;
2. The address of the hotel;
3. The date upon which the certificate was
issued;
4. This Transient Occupancy Registration
Certificate signifies that the person named on
the face hereof has fulfilled the requirements
of the Transient Room Tax Ordinance of the
County of Deschutes by registration with the
Tax Administrator for the purpose of
collecting from transients the room tax
imposed by said County and remitting said tax
to the Tax Administrator. (Ord. 95-029 § 1,
1995; Ord. 203-3 § 8, 1975)
4.08. [090] 150 Returns and payments -Date
due.
A. The tax imposed by this chapter shall be
paid by the transient to the operator at the
time that rent is paid. All amounts of such
taxes collected by any operator are due and
payable to the tax administrator on a monthly
basis on the 15th day of the month for the
preceding month; and are delinquent on the
last day of the month in which they are due.
B. On or before the 15th day of the month
following each month of collection a return
for the preceding month's tax collections shall
be filed with the tax administrator. The
return shall be filed in such form as the tax
administrator may prescribe by every operator
liable for payment of tax.
C. Returns shall show the amount of tax
collected or otherwise due for the related
period. The tax administrator may require
returns to show the total rentals upon which
tax was collected or otherwise due, gross
receipts of operator for such period and an
explanation in detail of any discrepancy
between such amounts, and the amount of
rents exempt, if any.
D. The person required to file the return
shall deliver the return, together with the
remittance of the amount of the tax due, to
the tax administrator at his officer either by
personal delivery or by mail. If the return is
mailed, the postmark shall be considered the
date of delivery for determining delinquencies.
E. For good cause, the tax administrator
may extend but not to exceed one month the
time for making any return or payment of tax.
No further extension shall be granted, except
by the board. Any operator to whom an
extension is granted shall pay interest at the
Chapter 4.08 4 (5/95)
rate of one percent per month on the amount
of tax due without proration for a fraction of
a month. If a return is not filed, and the tax
and interest due is not paid by the end of the
extension granted, then the interest shall
become a part of the tax for computation of
penalties described elsewhere in this chapter.
(Ord. 95-029 § 1, 1995; Ord. 203-3 § 9, 1975)
4.08.[100]160 Penalties and interest -
Delinquency.
Any operator who has not been granted an
extension of time for remittance of tax due
and who fails to remit any tax imposed by this
chapter prior to delinquency shall pay a
penalty of 10 percent of the amount of the tax
due in addition to the amount of the tax.
(Ord. 95-029 § 1, 1995; Ord. 203-3 § 10(1),
1975)
4.08.[110]170 Penalties and interest -
Continued delinquency.
Any operator who has not been granted an
extension of time for remittance of tax due,
and who failed to pay any delinquent
remittance on or before a period of 30 days
following the date on which the remittance
first became delinquent shall pay a second
delinquency penalty of 15 percent of the
amount of the tax due plus the amount of the
tax and the 10 percent penalty first imposed.
(Ord. 95-029 § 1, 1995; Ord. 203-3 § 10(2),
1975)
4.08. [120] 180 Penalties and interest -Fraud.
If the tax administrator determines that the
nonpayment of any remittance due under this
chapter is due to fraud or intent to evade the
provisions thereof, a penalty of 25 percent of
the amount of the tax shall be added thereto
in addition to the penalties stated in Sections
[4.04.100] 4.08.160 and [4.04.110] 4.08.170 of
this title. (Ord. 95-029 § 1, 1995; Ord. 203-3 §
10(3), 1975)
4.08.[130]190 Penalties and interest -
Assessment of interest.
In addition to the penalties imposed, any
X14'6"-0,973
operator who fails to remit the tax imposed by
this chapter shall pay interest at the rate of
one-half of one percent per month or fraction
thereof without proration for portions of a
month, on the amount of the tax due,
exclusive of penalties, for the date on which
the remittance first became delinquent until
paid. (Ord. 95-029 § 1, 1995; Ord. 203-3 §
10(4), 1975)
4.08.[140]200 Penalties and interest -
Penalties merged with tax.
Every penalty imposed and such interest as
accrues under the provisions of this section
shall be merged with and become a part of the
tax required in this chapter to be paid. (Ord.
95-029 § 1, 1995; Ord. 203-3 § 10(5), 1975)
4.08.[150]210 Penalties and interest -Petition
for waiver.
Any operator who fails to remit the tax
levied in this chapter within the time stated in
this chapter shall pay the penalties stated in
this chapter; provided, however, the operator
may petition the board for waiver and refund
of the penalty or any portion thereof and the
board may, if a good and sufficient reason is
shown, waive and direct a refund of the
penalty or any portion thereof. (Ord. 95-029 §
1, 1995; Ord. 203-3 § 10(6), 1975)
4.08. [160] 220 Deficiency determination.
If the tax administrator determines that the
returns are incorrect, he may compute and
determine the amount required to be paid
upon the basis of the facts contained in the
return or returns or upon the basis of any
information within his possession. One or
more deficiency determinations may be made
on the amount due for one, or more than one
period, and the amount so determined shall
be due and payable immediately upon service
of notice as provided in this chapter after
which the amount determined is delinquent.
Penalties on deficiencies shall be applied as
set forth in Sections [4.04.100] 4.08.160
through [4.04.150] 4.08.210 of this chapter.
A. In making a determination the tax
Chapter 4.08 5 (5/95)
administrator may offset overpayments if any,
which may have been previously made for a
period or periods, against any underpayment
for a subsequent period or periods, or against
penalties, and interest, on the underpayments.
The interest on underpayments shall be
computed in the manner set forth in Sections
[4.08.100] 4.08.160 through [4.08.150] 4.08.210
of this chapter.
B. The tax administrator shall give to the
operator or occupant a written notice of his
determination. The notice may be served
personally or by mail; if by mail, the notice
shall be addressed to the operator at his
address as it appears in the records of the tax
administrator. In case of service by mail of
any notice required by this chapter the service
is complete at the time of deposit in the
United States Post Office.
C. Except in the case of fraud, intent to
evade this chapter or authorized rules and
regulations, every deficiency determination
shall be made and notice thereof mailed
within three years after the last day of the
month following the close of the monthly
period for which the amount is proposed to be
determined or within three years after the
return is filed, whichever period expires the
later.
D. Any determination shall become due
and payable immediately upon receipt of
notice and shall become final within ten days
after the tax administrator has given notice
thereof; provided, however, the operator may
petition redemption and refund if the petition
is filed before the determination becomes final
as provided for in this chapter. (Ord. 95-029 §
1, 1995; Ord. 203-3 § 11(1), 1975)
4.08. [170] 230 Fraud -Refusal to collect -
Evasion.
If any operator shall fail or refuse to collect
such tax or to make, within the time provided
in this chapter any report and remittance of
such tax or any portion thereof required by
this chapter, or makes a fraudulent return or
otherwise wilfully attempts to evade this
chapter, the tax administrator shall proceed in
014 6-09 A
such manner as he may deem best to obtain
facts and information on which to base an
estimate of the tax due. As soon as the tax
administrator has determined the tax due that
is imposed by this chapter from any operator
who has failed or refused to collect the same
and to report and remit such tax, he shall
proceed to determine and assess against such
operator the tax, interest and penalties
provided for by this chapter. In case such
determination is made, the tax administrator
shall give a notice in the manner aforesaid of
the amount so assessed. Such determination
and notice shall be made and mailed within
three years after discovery by the tax
administrator of any fraud, intent to evade or
failure or refusal to collect such tax, or failure
to file return. Any determination shall
become due and payable immediately upon
receipt of notice and shall become final within
10 days after the tax administrator has given
notice thereof, provided, however, the
operator may petition redemption and refund
if the petition is filed before the determination
becomes final as provided in this chapter.
(Ord. 95-029 § 1, 1995; Ord. 203-3 § 11(2),
1975)
4.08.[180]240 Operator delay.
If the tax administrator believes that the
collection of any tax or any amount of tax
required to be collected and paid to the
county will be jeopardized by delay, or if any
determination will be jeopardized by delay, he
shall thereupon make a determination of the
tax or amount of tax required to be collected,
noting the fact upon the determination. The
amount so determined as provided in this
chapter shall be immediately due and payable,
and the operator shall immediately pay same
determination to the tax administrator after
service of notice thereof; provided, however
the operator may petition, after payment has
been made, for redemption and refund of
such determination, if the petition is filed
within 10 days from the date of service of
notice by the tax administrator. (Ord. 95-029
§ 1, 1995; Ord. 203-3 § 11(3), 1975)
Chapter 4.08 6 (5/95)
4.08. [190] 250 Redeterminations.
A. Any person against whom a
determination is made under Sections
[4.08.160] 4.08.220, [4.08.170] 4.08.230 and
[4.08.180] 4.08.240 of this chapter or any
person directly interested may petition for a
redetermination and redemption and refund
within the time required in Sections [4.08.160,
4.08.170 and 4.08.180] 4.08.220, 4.08.230 and
4.08.240 of this chapter. If a petition for
redetermination and refund is not filed within
the time required in Sections [4.08.160,
4.08.170 and 4.08.180] 4.08.220, 4.08.230 and
4.08.240 of this chapter, the determination
becomes final at the expiration of the
allowable time.
B. If a petition for redetermination and
refund is filed within the allowable period, the
tax administrator shall reconsider the
determination, and if the person has so
requested in his petition, shall grant the
person an oral hearing and shall given him 10
days notice of the time and place of the
hearing. The tax administrator may continue
the hearing from time to time as may be
necessary.
C. The tax administrator may decrease or
increase the amount of the determination as a
result of the hearing and if an increase is
determined such increase shall be payable
immediately after the hearing.
D. The order or decision of the tax
administrator upon a petition for
redetermination of redemption and refund
becomes final 10 days after service upon the
petitioner of notice thereof, unless appeal of
such order or a decision is filed with the
board within 10 days after service of such
notice.
E. No petition for redetermination of
redemption and refund or appeal therefrom
shall be effective for any purpose unless the
operator has first complied with the payment
provisions of this chapter. (Ord. 95-029 § 1,
1995; Ord. 203-3 § 12, 1975)
4.08. [200] 260 Security for collection of tax.
A. The tax administrator, after delinquency
F-
0116-09 15
and when he deems it necessary to insure
compliance with this chapter, may require any
operator subject thereto to deposit with him
such security in the form of cash, bond or
other security as the tax administrator may
determine. The amount of the security shall
be fixed by the tax administrator but shall not
be greater than twice the operator's estimated
average monthly liability for the period for
which he files returns, determined in such
manner as the tax administrator deems
proper, or $5,000.00, whichever amount is the
lesser. The amount of the security may be
increased or decreased by the tax
administrator subject to the limitations
provided in this chapter.
B. At any time within three years after any
tax or any amount of tax required to be
collected becomes due and payable or at any
time within three years after any
determination becomes final, the tax
administrator may bring an action in the
courts of the state, or any state or of the
United States in the name of the county to
collect the amount delinquent together with
penalties and interest. (Ord. 95-029 § 1,1995;
Ord. 203-3 § 13, 1975)
4.08. [210] 270 Lien.
A. The tax imposed by this chapter
together with the interest and penalties
provided in this chapter and the filing fees
paid to the County Clerk and advertising costs
which may be incurred when the same
becomes delinquent as set forth in this chapter
shall be and, until paid, remain a lien from the
date of its recording with the County Clerk,
and superior to all subsequent recorded liens
on all tangible personal property used in the
hotel of an operator and may be foreclosed on
and sold as may be necessary to discharge
such lien, if the lien has been recorded.
Notice of lien may be issued by the tax
administrator or his deputy whenever the
operator is in default in the payment of such
tax, interest and penalty and shall be recorded,
and a copy sent to the delinquent operator.
The personal property subject to such lien
Chapter 4.08 7 (5/95)
seized by any deputy or employee of the tax
administrator may be sold by the department
seizing the same at public auction after 10
days notice which shall mean one publication
in a newspaper of general circulation within
the county.
B. Any lien for taxes as shown on the
records of the proper county official shall,
upon the payment of all taxes, penalties and
interest thereon, be released by the tax
administrator when the full amount
determined to be due has been paid to the
county and the operator or person making
such payment shall receive a receipt therefor
stating that the full amount of taxes, penalties
and interest thereon have been paid and that
the lien is thereby released and the record of
lien is satisfied. (Ord. 95-029 § 1, 1995; Ord.
203-3 § 14, 1975)
4.08. [220] 280 Refunds.
A. Operator's Refunds. Whenever the
amount of any tax, penalty or interest has
been paid more than once or has been
erroneously or illegally collected or received
by the tax administrator under this chapter, it
may be refunded, provided a verified claim in
writing therefor, stating the specific reason
upon which the claim is founded, is filed with
the tax administrator within three years from
the date of payment. The claim shall be made
on forms provided by the tax administrator. If
the claim is approved by the tax administrator,
the excess amount collected or paid may be
refunded or may be credited on any amounts
then due and payable from the operator from
whom it was collected or by whom paid and
the balance may be refunded to each
operator, his administrators, executors or
assignees.
B. Transient Refunds. Whenever the tax
required by this chapter has been collected by
the operator, and deposited by the operator
with the tax administrator, and it is later
determined that the tax was erroneously or
illegally collected or received by the tax
administrator, it may be refunded by the tax
administrator to the transient, provided a
0146-0976
verified claim in writing therefor, stating the
specific reason on which the claim is founded,
is filed with the tax administrator within three
years from the date of payment. (Ord. 95-029
§ 1, 1995; Ord. 203-3 § 15, 1975)
4.08.[230]290 Transient room tax fund.
The tax administrator shall place all moneys
received pursuant to this chapter in the
transient room tax fund. (Ord. 95-029 § 1,
1995; Ord. 203-3 § 16(1), 1975)
4.08.[240]300 Recordkeeping.
Every operator shall keep guest records of
room sales and accounting books and records
of the room sales. All records shall be
retained by the operator for a period of three
years and six months after they come into
being. (Ord. 95-029 § 1, 1995; Ord. 203-3 §
16(2), 1975)
4.08.[250]310 Examination of records.
The tax administrator or any person
authorized in writing by him may examine
during normal business hours, the books,
papers and accounting records relating to
room sales of any operator after notification
to the operator liable for the tax and may
investigate the business of the operator in
order to verify the accuracy of any return
made, or if no return is made by the operator,
to ascertain and determine the amount
required to be paid. (Ord. 95-029 § 1, 1995;
Ord. 203-3 § 16(3), 1975)
4.08. [260] 320 Administration -Confidentiality.
It is unlawful for the tax administrator or
any person having an administrative or clerical
duty under the provisions of this chapter to
make known in any manner whatever the
business affairs, operations or information
obtained by an investigation of records and
equipment of any person required to obtain a
transient occupancy registration certificate or
pay a transient occupancy tax, or any other
person visited or examined in the discharge of
official duty, or the amount of source of
income, profits, losses, expenditures or any
Chapter 4.08 8 (5/95)
particular thereof, set forth in any statement
or application, or to permit any statement or
application, or copy of either, or any book
containing any abstract or particulars thereof
to be seen or examined by any person;
provided, that nothing in this subsection shall
be construed to prevent:
A. The disclosure to, or the examination of
records and equipment by another county
official, employee or agent for collection of
taxes for the sole purpose of administering or
enforcing any provision of this chapter; or
collecting taxes imposed under this chapter.
B. The disclosure after the filing of a
written request to that effect, to the taxpayer
himself, receivers, trustees, executors,
administrators, assignees and guarantors, if
directly interested, of information as to any
paid tax, any unpaid tax or amount of tax
required to be collected or interest and
penalties; provided further, that the district
attorney approves each such disclosure and
that the tax administrator may refuse to make
any disclosure referred to in this subsection
when in his opinion the public interest would
suffer thereby.
C. The disclosure of the names and
addresses of any persons to whom transient
occupancy registration certificates have been
issued.
D. The disclosure of general statistics
regarding taxes collected or business done in
the county. (Ord. 95-029 § 1, 1995; Ord. 203-3
§ 16(4), 1975)
4.08. [270] 330 Appeals.
Any person aggrieved by any provisions of
the tax administrator may appeal to the board
by filing a notice of appeal with the tax
administrator within 10 days of the
administrator's decision. The tax
administrator shall transmit such notice of
appeal, together with the file of such appealed
matter to the board who shall fix a time and
place for hearing such appeal. The board
shall give the appellant not less than 10 days
written notice of the time and place of hearing
of such appealed matter. (Ord. 95-029 § 1,
0146-0911
1995; Ord. 203-3 § 17, 1975)
4.08.[280]340 Unlawful acts -Penalty.
It is an infraction for any operator or other
person so required to fail or refuse to register
as required in this chapter, or to furnish any
return required to be made, or fail or refuse
to furnish a supplemental return or other data
required by the tax administrator or to render
a false or fraudulent return. No person
required to make, render, sign or verify any
report shall make any false or fraudulent
report, with intent to defeat or evade the
determination of any amount due required by
this chapter. Violation of any provision of
this [ordinance] title is a Class A infraction.
(Ord. 95-029 § 1, 1995; Ord. 83-013 § 1,1983;
Ord. 203-3 § 19, 1975)
Chapter 4.08 9 (5/95)
Chapter 4.12
SERVICE FEE ADJUSTMENTS
Sections:
4.12.010 Annual review.
4.12.020 Fee changes -Departmental
analysis.
4.12.030
Annual adjustment.
4.12.040
Adjustments -Hearing.
4.12.050
Publication and distribution.
4.12.060
Emergency fees -Duration.
4.12.070
Temporary reduction -
Duration.
4.12.080
Current fees.
4.12.090
Actual cost service fees.
4.12.010 Annual review.
Fees and charges for services shall be
reviewed for compatibility with the actual cost
of providing service prior to April 1st of each
year, and shall be adjusted and set as of each
July 1st. (Ord. 85-005 § 1, 1985)
4.12.020 Fee changes -Departmental
analysis.
Prior to April lst of each year, each
department responsible for the charging of a
fee or charge for service shall submit to the
director of administrative service an analysis,
on forms to be provided by the director of
administrative services, the fees currently
being charged, the actual cost of the services
provided, and the recommended fee
adjustments, if any. (Ord. 85-005 § 2, 1985)
4.12.030 Annual adjustment.
For fees for which no new fee is
recommended by a department head, an
annual adjustment will be made based on the
[West -D] applicable Consumer Price Index
(CPI) for all urban consumers, as compiled
and published by the United States
Department of Labor, Bureau of Labor
Statistics, as of the prior December. (Ord. 95-
029 § 1, 1995; Ord. 85-005 § 3, 1985)
4.12.040 Adjustments -Hearing.
The Board of County Commissioners shall
set for hearing, prior to May 1st of each year,
all adjustments to fees and charges for
services, and all new fees and charges for
services. Fees and charges for services may be
amended or added after a hearing by the
Board of County Commissioners by a proper
resolution adopting the fees and charges for
services. (Ord. 85-005 § 4, 1985)
4.12.050 Publication and distribution.
The director of administrative services shall
compile and publish a compilation of all
county fees and charges for services as of each
July 1st, and shall disseminate such
compilation to an county departments. (Ord.
85-005 § 5, 1985)
4.12.060 Emergency fees -Duration.
Emergency fees may be adopted
administratively by the director of
administrative services or the Board of County
Commissioners for a period not to exceed one
year. When a service is requested and no fee
has been adopted by the Board of County
Commissioners, the director of administrative
services, on behalf of the Board of County
Commissioners, shall declare a fee which shall
be based upon the work to be performed and
cost of providing the service. Any fee charged
by the county which is established or
authorized by any governmental entity may be
amended administratively by the director of
administrative services upon amendment of
such fee or authorization by the governmental
entity. (Ord. 88-037 § 1, 1988: Ord. 88-001 §
1, 1988: Ord. 85-005 § 6, 1985)
4.12.070 Temporary reduction -
Duration.
Temporary reductions in fees for services
and materials may be approved by the Board
of County Commissioners for a period not to
exceed one year. Temporary adjustments may
be made to any fee amended in whole or part
by the Legislative Assembly of the state, or
any state agency or federal agency, to the
Chapter 4.12 1 (5/95)
extent such fees are adjusted by the
Legislative Assembly of the state, state agency
or federal agency. (Ord. 86-046 § 1, 1986:
Ord. 85-005 (part), 1985)
4.12.080 Current fees.
All fees for service now in effect are
ratified, and shall remain in full force and
effect unless amended by resolution of the
Board of County Commissioners. (Ord. 85-005
§ 7,1985)
4.12.090 Actual cost service fees.
A. Any resolution adopting fees pursuant
to Deschutes County Code Section 4.12.040
and any fee adopted administratively pursuant
to Deschutes County Code Section 4.12.060
may be designated as an "Actual Cost Fee",
which may be abbreviated "ACS". This
designation shall follow the fee prescribed.
B. Any fee designated "Actual Cost
Service" or "ACS" shall constitute a deposit
against which county staff and consultants
shall charge their time spent on each
application, petition or service request.
C. Any amounts of an "Actual Cost
Service" or "ACS" deposit which exceed the
actual cost of service as determined by the
time charged by the County staff and
consultants on the application, petition or
service requested shall, within sixty days of the
final decision or action of the County
approving or denying of the application,
petition or service request, be refunded to the
person or firm making the fee deposit.
D. For any "Actual Cost Service" or "ACS"
fee, county staff and consultants shall keep a
written record of their time spent on each
application, petition or service request. Each
department head is authorized and directed to
require each applicant, petitioner or requester
for any of the services designated "Actual Cost
Service" or "ACS" to agree that, as a condition
of receipt of the application, petition or
service request, any documented costs which
exceed the deposit shall be due and payable to
the county upon demand upon final decision
or action of the County on the application,
0146-0979
petition or service request. (Ord. 91-022 § 1,
1991)
Chapter 4.12 2 (5/95)
Chapter 4.20
PUBLIC LAND CORNER
PRESERVATION FUND
Sections:
4.20.010
Purpose.
4.20.020
Definitions.
4.20.025
Definition -Corner.
4.20.030
Definition -County surveyor.
4.20.035
Definition -Existing corner.
4.20.040
Definition -Government corner.
4.20.045
Definition -Instrument.
4.20.050
Fee established -Disposition.
4.20.060
Fund created.
4.20.070
Restriction on expenditures.
4.20.010 Purpose.
The purpose of this chapter is to establish a
fee for the recording of documents that
convey an interest in real property pursuant to
Oregon Revised Statutes 205.130 by deed, to
be used by the county surveyor for the
establishment, reestablishment and
maintenance of corners of government surveys
under Oregon Revised Statutes 209.070(5) and
(6). (Ord. 86-014 § 1, 1986)
4.20.020 Definitions.
For the purposes of this chapter, unless
otherwise apparent from the context, certain
words and phrases used in this chapter are
defined as [follows:] set forth in 4.20.025-045.
(Ord. 95-029 § 1, 1995)
4.20.025 Definition -Corner.
"Corner" means a point determined by the
surveying process. (Ord. 86-014 § 2, 1986)
4.20.030 Definition -County surveyor.
"County surveyor" means the county
surveyor or his designee. (Ord. 86-014 § 2,
1986)
4.20.035 Definition -Existing corner.
"Existing corner" means one whose position
can be identified by verifying the evidence of
0146-0980
the monument or its accessories, by reference
to the description and field notes, or located
by an acceptable supplemental survey record,
some physical evidence or testimony. (Ord.
86-014 § 2, 1986)
4.20.040 Definition -Government
corners.
"Government corners" means and includes
all corners and boundary lines as is accepted
in the United States Department of Interior,
Bureau of Land Management, Manual of
Surveying Instruction and its supplements,
such as section, quarter section, donation land
claim, meander, closing, witness, state
boundary and line trees. Such corners
include:
A. "Lost corner" means a point of a survey
whose position cannot be determined, beyond
reasonable doubt, either from traces of the
original marks or from acceptable evidence or
testimony that bears upon the original
position, and whose location can be restored
only by reference to one or more
interdependent corners.
B. "'Monument" means an object or
physical structure which marks the corner
point.
C. "Obliterated corner" means one at which
point there are no remaining traces of the
monument or its accessories, but whose
location has been perpetuated, or the point
for which may be recovered beyond
reasonable doubt by the acts and testimony of
the interested landowners, competent
surveyors, or other qualified local authorities,
or witness, or by some acceptable record
evidence.
D. 'Restoration" means the establishment,
reestablishment or maintenance for the
purpose of preservation of the corner.(Ord.
86-014 § 2, 1986)
4.20.045 Definition -Instrument.
"Instrument" means addendum to
assignment of real estate contract,
appointment of successor trustee, assignment
of contract, assignment of trust deed,
Chapter 4.20 1 (5/95)
assignment of trust deed by beneficiary or
successor in interest, assignment of trust deed
by conditional holder of beneficiary's interest,
assignment of lease, assignment of lessee's
interest, bargain and sale deed, cemetery
deed, condominium unit warranty deed,
conservator deed, contract of sale, correction
deed, death certificate, deed creating estate by
the entirety, deed in lieu of foreclosure, deed
of reconveyance, deed of trust, deed of trust
indenture, deed of trust for construction loan,
dedication deed, deed and assignment,
annexation record or ordinance, easement,
estoppel deed, full reconveyance, grant deed,
indenture, land patent deed, land sale
contract, lease, lease and termination, lot line
adjustment, mineral deed, memorandum of
contract, mortgage addendum, mortgage
satisfaction and reassignment, memorandum
of contract of sale, memorandum of land sales
contract, modification of note and trust deed,
mortgage, mortgage release, mortgage
satisfaction, mortgagee's agreement of
subordination, mortgage and assignment,
mortgage modification, note and deed of
mortgage reinstatement, note and deed of
trust reinstatement modification and extension
agreement, notice of default and election to
sell, notice of release of assignment, partial
release of mortgage, partial reconveyance,
personal representative deed, power of
attorney, power of attorney to sell real estate,
quitclaim deed, real estate contract,
reconveyance deed (full and partial), release
of mortgage, satisfaction of mortgage, second
mortgage, second trust deed, sheriff deed,
special warranty deed, statutory bargain and
sale deed, statutory warranty deed,
survivorship warranty deed, tax deed, timber
deed, trust deed, trust deed to consumer
finance license, trustee's deed, trustee's notice
of sale, tax deed, timber deed, trust deed,
trust deed to consumer finance license,
trustee's deed, trustee's notice of sale,
warranty deed, and any other document
described in Oregon Revised Statutes
205.130(2). (Ord. 87-027 § 2, 1987)
0146-0981
4.20.[030]050 Fee established -Disposition.
The County Clerk shall collect a fee for the
recording of an instrument as defined in this
chapter in the amount of five dollars per
instrument. This fee shall be in addition to
any other fee charged by the County Clerk.
At least once a month the County Clerk shall
deposit with the county treasurer all fees
received pursuant to this chapter in the public
land corner preservation account. (Ord. 87-
027 § 3, 1987: Ord. 86-014 § 3, 1986)
4.20. [040] 060 Fund created.
A public land corner preservation fund shall
be created and used for the purposes stated in
this chapter. All moneys collected for this
fund and any interest accrued to this fund,
shall be deposited and credited to the public
land corner preservation fund. The treasurer
is authorized to invest fund balances. (Ord.
86-036 § 1, 1986: Ord. 860 14 § 4, 1986)
4.20. [050] 070 Restriction on expenditures.
Funds received pursuant to this chapter
shall be used for establishment,
reestablishment and maintenance of corners of
government surveys under Oregon Revised
Statutes 209.070(5) and (6) and for no other
purpose. (Ord. 86-014 § 5, 1986)
Chapter 4.20 2 (5/95)
Chapter 4.32,
SPLIT SERIAL LEVIES
Sections:
4.32.010 Definitions.
4.32.020 Geographic tax classification.
4.32.030 Required findings.
4.32.010 Definitions.
A. 'Black Butte Ranch Service District"
means the area encompassed by Black Butte
Ranch Service District, a municipal
corporation formed under the laws of the
State of Oregon.
B. "Incorporated cities" means the area
encompassed by the cities of Bend, Redmond,
Sisters and any other city incorporated
pursuant to Oregon Revised Statutes chapter
221.
C. "Sunriver" means that portion of
unincorporated Deschutes County, Oregon
identified in the Deschutes County
Comprehensive Land Use Plan as the planned
community of Sunriver and zoned Planned
Community (PC) Zone lying northerly and
westerly of south Century Drive. For the
purposes of this chapter, Sunriver does not
include that portion of the PC Zone
designated Industrial -I District, commonly
known as the Sunriver Business Park. (Ord.
94-009 § 1, 1994)
4.32.020 Geographic tax classification.
The board, may upon making the findings
required by section 4.32.030 of this chapter,
refer a measure to the electors which provides
a different tax burden on one class of
taxpayers than is imposed upon another class
of taxpayers. Any class of taxpayers so
determined by the board shall be identified on
a geographical basis. (Ord. 94-009 § 1, 1994)
4.32.030 Required findings.
Any difference in tax burden imposed within
separate geographic boundaries within
Deschutes County, Oregon shall meet the
Chapter 4.32
0140-0082
following criteria:
A. Differences in services to be provided in
different geographic areas must be real and
substantial.
B. Geographic boundaries shall be drawn
so that services provided within designated
areas are qualitatively different from services
provided within other geographical areas.
C. Services provided within the different
geographical areas must be unique.
D. Any differences in tax burdens shall be
based upon the actual costs of providing
services. (Ord. 94-009 § 1, 1994)
(5/95)