1995-29887-Ordinance No. 95-055 Recorded 8/24/1995REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHYT,��,,QgUNTY, OREGON
.- n.
Amending Chapter 12.48 Regarding
Assessments for Local Improvements,
and Declaring an Emergency.
ORDINANCE NO. 95-055 �°��. ! A, s�►"
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment of Chapter 12.48. A new section 12.48.275,
"Reinstatement of Liens Released in Error," is hereby adopted to read
as follows:
"12.48.275 Reinstatement of Liens Released in Error
A. In the event that any lien for an assessment for a
local improvement that was validly imposed under law is
released in error, the Board of County Commissioners shall
have the authority to order the reinstatement of the lien.
B. An order reinstating such a lien shall contain the
following information: the amount of the final assessment;
a description of the affected property; the owner of record
and the owner's address; and a statement that upon filing
with the County Clerk in the appropriate lien docket, the
lien for the assessment shall be reinstated as a lien upon
the subject property.
C. The Board shall cause the order to be filed with the
County Clerk for entry in the appropriate lien docket. The
Clerk shall cause a lien to be imposed on the subject
property in the same manner as prescribed in Section
12.48.230 of this Chapter. The lien shall have the same
effect as a lien imposed under Section 12.48.230 of this
Chapter and shall be treated as if it had never been
released.
D. The property owner shall receive notice of the
reinstatement of the lien, but shall have no right to
challenge such reinstatement unless it can be shown that the
release was supported by payment in full of the outstanding
assessment amounts."
Section 2. Applicability. This ordinance shall apply to any
assessment that has previously been imposed by the County, whether
under the authority of state statutes or under the authority of the
provisions of Chapter 12.48.
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Section 3. 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 23rd day of August, 1995.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES QQUNTY, OREGON
L y
BARRY H. SLAUGHTER, Chairman
NANCY' OPE SCHLANGEN, ommissioner
ROPtRT L. NIPPER, CoAlssioner
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