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1995-42472-Resolution No. 95-153 Recorded 12/7/1995
REVIEWED 95-424'2 LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 0148;-1444 A Resolution Adopting the Deschutes County Code Enforcement Manual for * =-' Deschutes County, Oregon. m RESOLUTION NO. 95-153 WHEREAS, Deschutes County Code Enforcement Task Force made specific recommendations in code enforcement policies and procedures for Deschutes County which have been incorporated in the attached manual; and WHEREAS, the Board of County Commissioners of Deschutes County, Oregon considers code enforcement to be a high priority; and WHEREAS, the Board of County Commissioners endorses a "two- pronged" approach to code enforcement in which somewhat different policies and procedures are established for code violations occurring before and after the effective date of this manual; and WHEREAS, public hearings have been conducted before the Planning Commission and the Board of County Commissioners of Deschutes County, and public opinion has been considered and integrated into this manual; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the document entitled "Deschutes County Code Enforcement Policy and Procedures Manual" approved by Deschutes County Planning Commission and the Board of County Commissioners, 1 - RESOLUTION NO. 95-153 (12/6/95) q5 0148-;-1445 be adopted and implemented as the code enforcement policy of the County, effective January 1, 1996. DATED this 6-�A day of , 1995. BOARD OF COUNTY COMMISSIONERS OF DESCHUT COUNTY, (OREGON BAEtkY H. SLAUGHT RJ Chairman ATT T: NANO E'SgHLANGEN, CommiCioner Recording Secretary ROB,RT L. NIPPER, Co sioner APPROVED: Z�'J GEORGE J. R AD, Director of Community Development Department 2 - RESOLUTION NO. 95-153 (12/6/95) 0148-1446 DESCHUTES COUNTY CODE ENFORCEMENT POLICY AND PROCEDURES MANUAL EFFECTIVE DATE - JANUARY 1, 1996 0148-144'7 DESCHUTES COUNTY CODE ENFORCEMENT POLICY AND PROCEDURES MANUAL TABLE OF CONTENTS PREFACE...............................................i I. MISSION................................................1 II. PURPOSE...............................................1 III. INTERPRETATION.........................................1 IV. AMENDMENTS ........................................... 1 V. CODE ENFORCEMENT PHILOSOPHY ............................ 2 VI. PRIORITIES FOR CODE ENFORCEMENT ......................... 4 VII. APPLICABILITY ........................................... 5 VIII. INITIATION OF CODE ENFORCEMENT .......................... 6 A. Citizen complaint ...................................... 7 B. Observation by Code Enforcement Officer ....................... 8 C. Permit/Approval Condition Monitoring ......................... 8 D. Report by County staff ................................... 9 E. Request/Report by County Commissioner ....................... 9 F. Information from official County Records ....................... 9 IX. RECORDING COMPLAINT, OPENING FILE, TIMELINES ............. 10 X. NOTICE OF FILE OPENING .................................. 10 XI. INVESTIGATION ......................................... 11 A. Preliminary Matters .................................... 11 B. Establishing Elements of Violation ........................... 12 C. Assignment of Responsibility .............................. 13 D. Field Investigation ..................................... 14 E. Report of Field Investigation .............................. 15 r 0148-1448 XII. ENFORCEMENT PROCEDURES ............................... 16 A. Voluntary Compliance .................................. 16 B. Notice -of Violation .................................... 18 C. Citation and Complaint .................................. 19 D. Injunctions .......................................... 22 E. Stop Work Orders ..................................... 22 F. Permit Revocation ..................................... 23 G. Nuisance Abatement .................................... 24 H. Dangerous Building Abatement ............................. 25 1. Double -Feeing Permits .................................. 25 J. Restricting Permit Issuance ............................... 25 K. Assisting other Agency Enforcement ......................... 28 L. Civil Penalties ....................................... 29 M. County Cost Recovery .................................. 29 P. Liens ............................................. 29 XIII. FINANCIAL HARDSHIP .................................... 30 XIV. RESOLUTION OF CODE VIOLATION COMPLAINTS ................ 31 XV. FILE MAINTENANCE ...................................... 32 XVI. MEDIA CONTACT ........................................ 32 XVII. APPENDICES............................................33 A. Complaint Form B. Undocumented Structure Policy C. Agreement to Abate D. Notice of violation (NOV) E. Uniform Citation and Complaint F. ORS 153.310 and ORS 203.065 (Fines) G. Indigency Form 0148-1449 PREFACE Code Enforcement in Deschutes County is a high priority for the Board of County Commissioners. In August of 1994, the Board established the Deschutes County Code Enforcement Task Force to study county code enforcement, to recommend improvements to the program and to identify statutory or county code changes that may be required to increase the effectiveness of code enforcement. The task force included citizens, representatives of the construction and real estate industries, representatives of the state court system and law enforcement, county legal counsel, managers of the county's Community Development Department and the county's code enforcement staff. The task force met three times during 1994. In January of 1995, they presented a report to the Board containing their recommendations. The Board accepted those recommendations, and directed county staff to begin to implement them. Among the recommendations was the development of this code enforcement policy and procedures manual. The key task force recommendation was the implementation of a more "proactive", or county - initiated, code enforcement program. Such a program would begin simultaneously with adoption of the manual and would apply to code violations occurring on or after the effective date of the manual. This recommendation effectively creates a two-pronged approach to code enforcement -- that is, somewhat different policies and procedures for violations occurring before, and after, the effective date of the manual. The intent of this approach is both to increase code enforcement after giving the community ample notice of the county's new, "tougher" enforcement policy, as well as to set enforcement priorities and manage the county's code enforcement workload in a manner that is realistic, clear and credible to the community. The policies and procedures in this manual reflect this new approach. In the past, county code enforcement has been primarily reactive, generated by complaints. However, the complaint -driven system has not been effective by itself in stemming the tide of code violations in the county. With the adoption of this manual, staff of the Community Deve- lopment Department, with the assistance of county legal counsel, law enforcement and the court system, and within available resources, will undertake proactive efforts to identify code violations and to obtain compliance, along with responding to citizen complaints. These proactive efforts will focus on the following areas: * timely monitoring and enforcement by county staff of permit and approval conditions; * revocation of permits for non-compliance; * abatement of nuisances and dangerous buildings; * stop work orders for unpermitted activity and double -feeing subsequent permits; 0148-1450 restricting issuance of permits on property with uncorrected code violations; * assisting in related code enforcement by other agencies; and * civil procedures to obtain compliance and to recover the county's code enforcement costs. The Board believes the policies and procedures in this manual will enhance code enforcement and thereby the quality of life in the county. M 0148-1451 The mission of code enforcement in Deschutes County is to protect the health and safety of the county's residents and visitors, and the livability of the community, by assuring compliance with the county's land use, environmental and construction codes. The county will assure code compliance both by encouraging voluntary compliance and by punishing code violators who do not comply. The purpose of the Deschutes County Code Enforcement Policy and Procedures Manual (hereafter "manual") is to provide written guidelines for: A. the prioritization of code enforcement cases; B. initiation and investigation of code violation complaints; C. enforcement of county codes through voluntary compliance; D. prosecution of code violators who do not comply; E. punishment of code violators and the assessment of fines and penalties; and F. recovery of the county's investigation and enforcement costs. These written guidelines are intended to assure consistency and predictability within the county's code enforcement program, and to educate the county's citizens and property owners about code enforcement and the consequences of violating the codes. 11 I► Y�'_C 1► This manual describes the standard policies and procedures for code enforcement, and should be interpreted so as to maximize both the efficiency of county code enforcement and compliance with county codes. This manual should be followed unless there is a compelling reason not to, as detarmincd try use Director of the Community Development Department (hereafter "CDD") or the Board of County Commissioners (hereafter "Board"). The effective date of this manual is January 1, 1996. 3 DIO1355 1 ► This manual may be amended when deemed necessary by the CDD Director and the Board. Amendments may be proposed by county staff, board members and other interested persons. 0148--1452 UMEMMUff-MR111_ _ u_�_ ► ' _, I ' , �_ Policy. The county's policy is to enforce compliance with county codes in all cases of reported and discovered code violations. However, the county has limited code enforcement resources. Consequently, the county has established, through this manual, both a priority ranking for code enforcement and procedures designed to maximize available code enforcement resources. It is the county's policy that code enforcement should follow the priority ranking set forth in section VI of this manual. It also should be flexible enough to allow the level of enforcement that best fits the type and circumstances of the code violation(s), within clear and objective criteria set forth in this manual and consistent with the priorities. A. EBforcement Levels. The levels of enforcement available to the county include the following: 1. obtaining voluntary compliance; 2. mediated settlement of code violation complaints; 3. notice of violation (hereafter "NOV"); 4. citation and prosecution of infractions in district court; 5. petition for injunction in circuit court; 6. stop work order; 7. permit revocation; 8. nuisance abatement; 9. dangerous building abatement; 10. double -feeing permits required for code compliance; 11. restricting issuance of permits on property with uncorrected cods violations; 12. assisting in enforcement by other regulatory and licensing agencies; 13. civil penalties through county administrative hearings; and 14. county cost recovery. 2 4148--1453 B. Seauence Sequenceofd brcement. The levels of enforcement are not mutually exclusive, and may be used alone or in sequence or combination with other levels. However, in most code violation cases, the county will use the code enforcement levels in the sequence they appear in Paragraph A. C. it ria for choosing Level of.&lforcement. Some code violation cases may have aggravating circumstances requiring a different sequence for enforcement activity than that set forth in Paragraph A. The county may choose a different sequence if one or more of the following circumstances is present: 1. the code violation is severe (e.g., deviates greatly from the code); 2. the actions leading to the violation(s) were deliberate; 3. the violation poses a significant threat to the public health and safety, or to the environment; 4. the violation may cause economic harm to individuals or to the county as a whole; 5. the alleged code violator is receiving significant economic benefit from continuing the code violation; 6. the physical size or extent of the violation is significant; 7. the violation has existed uncorrected for a significant period; 8. there is a previous history of complaints and code enforcement on the subject property and/or with the alleged code violator; 9. there is community interest in the violation, and potential code enforcement and compliance on the property would be very visible; 10. there is good potential for combining enforcement action on the violation with other violations; 11. the relative benefit of code enforcement outweighs its cost; 12. there is good potential that the violation(s) can be established and successfully prosecuted; and 13. there is little likelihood of obtaining voluntary compliance. 3 0148--1454 Policy- It is the county's policy to investigate and to attempt to resolve au code violations. However, because of limited code enforcement resources, there may be times when all code violations cannot be given the same level of attention, when some code violations may receive no attention at all, or when the county may be unable to carry out the new proactive code enforcement activities set forth in section VII of this manual. In circumstances where not all code violations can be investigated, the most serious violations, as determined under the priorities set forth in this section and the criteria for enforcement in Section V.C. of this manual, should be addressed before the less serious violations are addressed, regardless of the order in which the complaints are received. However, complaints alleging both priority and non-priority violations should be processed together to maximize efficiency. A. Priority Cases. The Board has established the following priority ranking for code violations: 1. violations that present an imminent threat to public health and safety; 2. violations affecting rivers, streams and/or adjacent riparian areas; 3. solid waste and land use violations, including failure to timely meet conditions of approval; 4. code violations consisting of ongoing unpermitted construction; and 5. violations involving failure to meet requirements and/or timelines for construction and environmental health permits that are issued on or after the effective date of this manual. Policy. Complaints alleging code violations that do not fall within the priority ranking above should be processed in the order in which the complaints are received, and as code enforcement resources allow. Ekevtion• At the discretion of code enforcement staff, complaints may be processed in any order that maximizes the efficiency of enforcement. Procedure. All complaints concerning a particular type of code violation (e.g., unpermitted manufactured homes in manufactured home parks), or all complaints of violations occurring in a particular geographic area, may be processed together, regardless of the order in which the complaints are received. 4 0148-1455 VII. APPLICABILITY A. General AgalicabU&.This manual applies to all code enforcement carried out by CDD, its employees and agents. Except as otherwise provided, the policies and procedures in this manual apply to all alleged code violations, whether or not they existed on the effective date of this manual. The policies and procedures in this manual supersede any conflicting county policies and procedures. B. Current Policies and Procedures. Prior to the effective date of this manual, the county's code enforcement has been based upon citizen complaints, and by independent observations of code enforcement officers and other CDD staff while in the field. These procedures are described in Sections VIII A and B of this manual. Policy. It is the county's policy to continue to use existing policies and procedures for code violations that existed on or prior to the effective date of this manual. Procedure. The code enforcement policies and procedures described in sections VIII A and B of this manual shall be used for: 1. code violation complaints, and code violations observed by code enforcement officers, that were pending as of the effective date of this manual; and 2. new code violation complaints and/or observations by code enforcement officers and other CDD staff relating to violations that occurred prior to the effective date of this manual. Policy. It is the county's policy, as of the effective date of this manual (January 1, 1996) to increase code enforcement and compliance by creating a framework for proactive -- i.e. county - initiated -- enforcement of county codes. Procedure. On and after the effective date of this manual, and within available code enforcement resources, the county may undertake a number of county -initiated procedures for proactive code enforcement. These procedures may include: 1. investigations and prosecutions of code violations in particular geographic areas; 2. investigations and prosecutions of code violations of a particular type throughout the county; 3. encumbering property subject to land use conditions of approval by recording the conditions in the county clerk's real property records; 5 ©148--1456 4. timely and regular follow-up by CDD staff for compliance with conditions and requirements for permits and approvals the decisions for which are made on or after the effective date of this manual; 5. reporting by county staff of code violations observed while conducting county business; 6. examination and comparison of county files for evidence of code violations; 7. revocation of permits and approvals for failure to comply with requirements or conditions; 8. restriction on issuance of development permits on property with uncorrected code violations; 9. cooperation with code enforcement by other regulatory and licensing agencies; and 10. cooperation with utility companies to terminate service, to the extent authorized by law, to unpermitted uses on property. D. Non -4p j2ficabjUVto Covenants. Conditions and Reg cdous. Many subdivisions and planned communities are subject to private, recorded covenants, conditions and restrictions (hereafter "C C & R's"). For example, "C C & RV may regulate matters like the height, size or appearance of structures, or the method of storing recreational vehicles. The conditions and restrictions included in "C C & RV are generally enforceable through private legal action. In some cases, the conditions established in "C C & R's" are similar or identical to county code provisions governing the same structure or activity. Po_ lice. The county's policy is not to enforce private "C C & R's". However, the county will enforce county code provisions that regulate the same activity as "C C & R's", pursuant to this manual. E. Non -Applicability to Private Legal Action. Citizens may undertake private legal action to enforce county codes, including civil litigation against the alleged code violator, as well as personally filing citations and prosecuting county code infractions in district court. The policies and procedures in this manual do not apply to private legal action to abate county code violations. Neither should they be interpreted to suggest that the county will participate in such private legal action. Ia :_ 1� I 11 ►1 1R61516151OR Code Enforcement may be initiated by any of the following methods: ,1 0148-1451 A. Citizen Complaint. Any person may make a complaint to the county alleging one or more code violations. 1. Form. A citizen's complaint shall be made on a county complaint form (see Appendix A). The complainant may complete the form, or it may be completed by county staff based upon a telephone call, letter or other contact from the complainant. If the complaint is received in letter form the letter shall be attached to a complaint form completed by county staff. To be investigated, a citizen complaint must contain all information required on the complaint form. :ii _i, iui i i Policy. The county's policy is not to accent anonymous code violation complaints. The county believes that anonymous complaints are not as reliable as those made by complainants who are willing to identify themselves. In addition, in many cases, the complainant's identification and testimony in court may be necessary for successful prosecution of code violators and code enforcement. Fxcm on. The county recognizes there may be cases justifying an exception to this policy. These are cases where the nature of an anonymous complaint reliably suggests the existence of code violations presenting an imminent threat to public health and safety or to the environment, which threat easily may be verified by county staff. In such cases, as determined by the CDD Director or designee, county staff shall accept the anonymous complaint and investigate it. Poly The county's policy is to maintain the confidentiality of code enforcement complaint files and computer records, including the identity of the complainant, to the extent legally possible. The county believes it is important to maintain this confidentiality to assure effective investigation and prosecution of code violations. In addition, the county recognizes that some complainants do not want their names disclosed to the alleged code violator for fear of retaliation. However, in some cases it may be necessary for successful prosecution and enforcement for the complainant to be identified and to testify in court. In addition, the county's code enforcement files are subject to state statutes governing public records and discovery. EwxpLfans- In cases where the county chooses to cooperate with, or defer to, federal or state agencies for code enforcement, the contents of the file may be disclosed, as necessary, to the other agency. Procedure. In order to maintain the confidentiality of code enforcement complaint files and the identity of the complainants, while assuring effective prosecution and enforcement and compliance with state law, the following procedures apply. 7 0148-1458 a. Code enforcement files will be maintained as confidential files throughout investigation, infraction prosecution and/or other types of code enforcement. b. The contents of code enforcement files will not be disclosed to anyone other than county staff who have a reason to know and who are involved in the investigation, or to similar staff of an agency with which the county is cooperating or to which deferred code enforcement pursuant to Section XII.M. The contents of the file will not be disclosed to any other until: 1) the investigation is complete and a citation discovery request is made; or 2) the file is closed and disclosure is made pursuant to the public records law. c. County and/or federal or state agency staff to whom the contents of the file are disclosed under subparagraph b of this paragraph shall maintain the confidentiality of the file and the identity of the complainant pursuant to this manual. B. Observation by Code Enforcement Off'„ icer Code enforcement officers often observe additional potential code violations while conducting complaint investigations. However, the number of potential code violations that exist in the county and that may be observed at any given time may be too large for the county's code enforcement officers to investigate and resolve. Ppm,. The county's policy is that code enforcement officers shall document on an investigation worksheet any potential code violations the officers observe on property that is the subject of their current investigation. They may also document code violations observed on any property immediately adjacent to the subject property, which violations are observable from the subject property. C. Permit/Approval Condition Monitming by CDD Staff The county routinely issues land use, environmental and construction permits with a variety of requirements and conditions, and timelines for meeting them. For example, a land use approval may require landscaping the site by a certain date, and building permits expire if construction progress and inspections are not made within periods set by state law. Code violations occur when these permit and approval conditions are not timely met. Policy. The county's policy is that, as of the effective date of this manual, CDD staff shall conduct timely and regular monitoring of conditions of approval and similar permit requirements for all permits and approvals for which the decision is issued on or after the effective date of this manual. 1. All persons issued permits or approvals on or after the effective date of this manual shall be given written notice of the consequences of failure to comply with requirements and conditions, including potential code enforcement. 0148-1459 2. If any permits and approvals are found not to be in compliance with conditions of approval or other permit requirements, staff in the appropriate CDD division assigned to the permit or approval monitoring shall undertake appropriate action to obtain compliance. 3. If the assigned CDD staff are unable to obtain compliance within a reasonable time established for that purpose, they shall report the violation to code enforcement on a complaint form and shall notify code enforcement staff of any enforcement action already taken. 4. Upon receipt of a staff complaint under this paragraph, the code enforcement officer shall immediately cite the alleged violator pursuant to Section XII. D. of this manual. D. RR port & County Staff In many cases, county staff may be in a unique position to observe potential code violations. For example, a property appraiser in the Assessor's office may be the only person able to observe new construction for which there is no permit. Podia. The county's policy is that all county staff should report to code enforcement possible code violations they observe while conducting county business. 1. County staff may report to code enforcement potential code violations they observe while conducting county business, where the violations are believed to have occurred prior to the effective date of this manual. 2. County staff shall report to code enforcement potential code violations they observe while conducting county business, where the violations are known to have occurred on or after the effective date of this manual. 3. Reports by county staff under this subsection shall be made on a complaint form. E. Request/Report by County Commissioner. A member of the Board may report a potential code violation, or may request that code enforcement staff investigate a citizen report of a potential code violation. The commissioner may complete a complaint form or submit a written memorandum concerning the alleged violation to be attached to a complaint form. F. Information from OfFicial County Records Potential code violations may be discovered by examining the county's own official records. For example, cross-referencing between the Assessors records and CDD's records may reveal construction or land use activity without necessary permits or approvals. CDD staff can also discover code violations by comparing CDD's own land use, environmental health and construction permit records with each other. 0 0148-1460 Policy. It is the county's policy that beginning on the effective date of this manual, CDD staff shall regularly compare all pertinent county records to identify potential code violations. Exception. Exceptions to this policy will be made as provided in the county's separate policy on undocumented structures. (See Appendix B.) Procedure. Code violations discovered through comparison of information in county files, and that are known to have occurred on or after the effective date of this manual, shall be reported to code enforcement on a complaint form. I► AN ► %R 10 WIMCIYUl' W.11 _lev VKIJU Biel_h 0111 W501--im 15101 11101M _ A. Recording Complaint. All complaints from whatever source received by code enforcement shall be recorded in CDD's computer system. Recording the complaint shall consist of assigning the complaint a case number and entering into the computer the following minimum information: 1. the case number; 2. the tax map number for the subject property; 3. the subject property serial number; and 4. which code enforcement officer is assigned to the case. B. Opening File. After a complaint is assigned a number and recorded, a file shall be opened for the complaint. The file is the official record of the complaint and its investigation and resolution. The file shall contain the following minimum initial information: the complaint form; 2. a tax map; 3. an investigation worksheet; 4. Assessor's information on the subject property; and 5. a cover sheet. F=A: O u. �, Polia. It is the county's policy to encourage the timely resolution of code violation complaints 10 0148-1461 by establishing and making public reasonable timelines for code enforcement and closely monitoring the county's performance in meeting those timelines. Procedure. When a file is opened, and before an investigation of the complaint is commenced, code enforcement staff shall establish a projected timeline for investigating the complaint and issuing a citation and complaint. This timeline should be based on consideration of the following criteria: 1. the type of alleged violation; 2. priority ranking of the violation(s) under Section VI of this manual; 3. current code enforcement caseload; 4. current workload in other CDD divisions that may assist in or be assigned to the investigation; and 5. timeline established in this manual and elsewhere for processing code violation complaints. MMLYININ _DKOA 011 P_ 1'_DO IeRI When code enforcement opens a file, it may provide notice in writing or by computer to any CDD division, other county department, or federal or state agency that may have an interest in the alleged code violation. 1 IRM/I-11MI A. Preliminary Matters. At the beginning of each investigation, the following shall be established: 1. Jurisdiction. The property upon which the alleged code violation has occurred must be land over which the county has code enforcement jurisdiction. 2. Zoning. The zoning of the subject property shall be determined. 3. Permit Status. The status of any land use, environmental health and construction permits on the subject property shall be determined. 4. Property Ownership. All persons with a recorded legal interest in the subject property 11 r 0148-1462 should be identified. These persons should include the owners, contract purchasers, lessees and lienholders or other security interest holders. 5. Other PotentiaUy Rezonsible Persons. In addition to the persons listed in subparagraph 4 of this paragraph, any other persons potentially responsible for the alleged code violation(s) should be identified. These persons could include tenants, construction and landscape contractors and excavators. 6. ldent' cation gfApnlicable Code Provisions. The code enforcement officer, with the assistance of other CDD staff and county legal counsel as necessary, shall identify the pertinent provisions of the county codes that may have been violated according to the complaint. 7. Prior Complaint History. The code enforcement officer shall examine CDD records to determine the existence and status of any prior or existing code violation complaints on the subject property or concerning the alleged violator. Before a Notice Of Violation (NOV) is sent, it must be determined whether the complaint, if true, establishes a code violation. If it does not, the case should be resolved by file closure as provided in section XIV of this manual. The code enforcement officer, with the assistance of other CDD staff and county legal counsel as necessary, and after any necessary field investigation, shall determine if the following elements have been established. 1. RMonsible Person. The person or persons who are reasonably believed to have committed the code violation, or who are or may be legally responsible for the alleged code violation, have been identified. 2. Alleged Violation Occurred or is Occurring. A complaint may allege a code violation that occurred in the past (e.g., construction without a permit) or that occurs only intermittently (e.g., surfacing sewage from a drainfield, or periodic unpermitted commercial activity in a residential zone). The code enforcement officer shall determine whether there are reasonable grounds to believe that the alleged violation did or does occur. Such grounds may be established either by personal observation by the code enforcement officer, or by reliable evidence from a complainant. If the code enforcement officer determines that reasonable grounds do not exist, no enforcement action should be taken until the complainant or the code enforcement officer has had a reasonable opportunity to develop such grounds. If no reasonable grounds are developed within a reasonable period, the case should be resolved by file closure as 12 provided in section XIV of this manual. 0148-1463 3. Substantive Elements Checklist. Each county code section has substantive elements necessary to establish a violation. These elements should be listed on checklists, and the allegations of the complaint should be compared and checked off against the checklists. If all of the necessary substantive elements are not present, the case should be resolved by file closure as provided by Section XIV of this manual. Pow It is the county's policy that responsibility for field investigation and code enforcement should be assigned to the CDD staff most able to conduct the investigation and undertake appropriate enforcement action. For example, alleged violations of environmental health codes may beet be investigated and resolved by county sanitarians with their special expertise. However, all code enforcement activity should be coordinated with code enforcement staff, and all NOV's and citations will be drafted by code enforcement officers. 1. Assignment. Assignment of code enforcement responsibility shall be made by the CDD Director, on a case-by-case basis or pursuant to standing policies in this manual or elsewhere. The following criteria shall be used for assignment of responsibility: a. the nature of the code violation(s) alleged in the complaint; b. the knowledge and expertise needed to investigate the alleged violation; C. the history of prior code enforcement on the subject property or with the alleged violator; d. the status of permits and approvals on the subject property; and f. the workload of the relevant CDD division staff and the projected timeline for investigation and resolution of the complaint. 2. Coordination. Whenever responsibility for code enforcement activity is assigned to CDD staff other than code enforcement officers, such staff shall consult with code enforcement staff and keep them advised of their activities. When CDD staff other than code enforcement staff in assigned to investigate a code violation complaint for which a code enforcement file has been created, such staff shall enter a report of any action undertaken to investigate or to obtain compliance into the CDD computer and the code enforcement screen. 13 D. Fief Investigation 0148-1464 1. Pu&2ose• The purposes of code enforcement field investigation are: a. to verify the existence and severity of code violations; b. to document code violations by means of written notes, photographs, witness interviews, etc.; C. to obtain supporting evidence, such as the names and statements of potential witnesses; and d. if possible, to discuss with the property owner, occupant or other responsible person: 1) the nature of the code violation(s); 2) methods for complying with the code(s); 3) timelines for code compliance; 4) code enforcement procedures; and 5) potential consequences for failure to comply. 2. Coordination. Whenever responsibility for field investigation is assigned to CDD staff other than code enforcement officers, the coordination and notification described in Paragraph C(2) of this section shall occur. Pow It is the county's policy that code enforcement officers and other assigned CDD staff, as well as members of the public, should not be exposed to unreasonable risks of violent confrontation or injury during the course of field investigations. Code enforcement officers and other assigned CDD staff shall take whatever actions are reasonable and necessary to minimize the known risk of violent confrontation or injury to themselves or others in conducting their field investigations. a. Law Enforcement Assistance. When appropriate, the code enforcement officer or other assigned CDD staff should contact the sheriff's office to determine if there have been previous criminal complaints or investigations concerning the subject 14 0148-1465 property or alleged code violator, and whether, in the opinion of the sheriff's office, a field investigation would present any threat to the safety of the code enforcement officer, other staff, the alleged code violator or other persons present during a field investigation. The code enforcement officer or other assigned CDD staff person may request law enforcement assistance in conducting the field investigation, and may postpone such investigation until law enforcement assistance is available. b. Announced/Unannounced Field Visits. At the discretion of the code enforcement officer or other assigned CDD staff, a field visit to the vicinity of the subject property may be conducted with or without prior notice to the property owner, occupant or alleged code violator. The determination of whether or not to give prior notice shall be made on the basis of the following criteria: 1) the nature of the alleged violation; 2) whether or not prior notice will make detection and documentation of the alleged violation more difficult; and 3) whether or not prior notice will unnecessarily increase the known risk of violent confrontation or injury to the code enforcement officer or other assigned CDD staff. Pow It is the county's policy that code enforcement officers and other assigned CDD staff shall not enter upon private property or premises to conduct a field investigation without authority to enter. Procedure. Code Enforcement Officers may enter unposted property to seek permission to investigate on the premises. Unless permission is granted, the investigation shall be conducted from public roads or property where permission to enter has been granted. If the code enforcement officer or other assigned CDD staff does not have permission or other authority to enter upon property or premises, and entry upon the property or premises is necessary to conduct the investigation, the code enforcement officer or other assigned CDD staff shall consult with county legal counsel about obtaining a search warrant. E. RgPort of Field Investigation_" Upon completion of the field investigation, the code enforcement officer or other assigned CDD staff shall prepare an investigation worksheet to be placed in the code enforcement file. The report shall include the following information: 15 1. name of investigator; 0148-1466 2. date, time and place of field visit; 3. code violation(s) observed; 4. if no code violation(s) observed, an explanation; 5. witnesses, if any, interviewed; 6. evidence, if any, obtained (e.g., photographs); 7. discussion, if any, of violation with owner, occupant or other responsible person; 8. action necessary to correct violation; and 9. recommended enforcement action. !r I//I MUM SM7#70' [ PoZicv. It is the county's policy to encourage voluntary code compliance by providing code violators and other responsible persons with the opportunity during code enforcement to comply with the codes with little or no penalty. The county believes that voluntary compliance generally is less expensive for all parties and of a more satisfactory and lasting nature than involuntary compliance. Exception. Notwithstanding this policy, the county believes that allowing code violators the opportunity to voluntarily comply any time during code enforcement, or outside reasonable time limits for such compliance, may actually result in abuse of this opportunity in order to delay compliance. Therefore, it is the county's policy to limit the time frame during which code violators may come into voluntary compliance with little or no penalty. 1. The following procedure shall -apply whenever a code violator brings his or her property into compliance during code enforcement activity: 16 a. After complaint/before field investigation b. After field investigation/before NOV c. After NOV/before citation File closed, no cost recovery No NOV, file closed, no cost recovery No citation, file closed, no cost recovery d. After citation/before arraignment CDD recommends dismissal of citation, no cost recovery, double fees where applicable e. After arraignment/before trial CDD recommends prosecution, conviction or guilty plea, bail forfeiture, cost recovery, double fees where applicable f. At time of trial CDD recommends prosecution, conviction or guilty plea, maximum fine, cost recovery, double fees where applicable, civil penalties where applicable. 2. I invited ODnortunides. Voluntary compliance without penalty or cost recovery will not be allowed where the alleged violation is a repeat offense either on the subject property or by the code violator, or where the original violation was not corrected following prior code enforcement action. 3. Limited Time Frames. Opportunities for voluntary compliance, where provided, shall be of limited duration. The time frame for voluntary compliance shall be established in timelines set forth in this manual or elsewhere. 4. Time Extended by�greement to Abate. Following the issuance of an NOV, if the alleged violator admits the violation(s) and requests extended time for voluntary compliance, the alleged violator shall sign an "Agreement to Abate." (see Appendix C.) The agreement shall provide that, in exchange for the extended time for voluntary compliance, the alleged violator agrees to abate the violation(s) by a specified time, and to waive hearing and consent to judgment against him/her if voluntary compliance is not obtained during the extended time allowed by the county and a citation is filed in court. 17 0148-1468 1. When Sent. When the code enforcement officer or other assigned CDD staff determines there are reasonable grounds to believe a violation did or does occur, based upon the information in the complaint and any field investigation, an NOV shall be sent on a standard form (see Appendix D) or in a letter or notice sent by the appropriate CDD division staff. 2. To Whom Sent. An NOV shall be sent to the subject property owner(s). A separate NOV shall be sent to each additional person who is or may be responsible for the alleged violation. 3. How Sent. NOV's shall be sent by first-class mail to the best available address for the property owner(s) and other responsible person(s). 4. Follow-ua. The date in the NOV for corrective action shall be entered in the CDD computer on the code enforcement screen. After that date, if the code enforcement officer determines that the required corrections have not been made, the officer shall promptly cite the alleged violator. 5. Compliance. If the code enforcement officer determines that the required corrections have been made, the date and method of compliance shall be noted in the code enforcement file and the case shall be resolved by file closure pursuant to section XIV of this manual. 6. Corrective Action. In some cases, corrective action may consist of both applying for and obtaining necessary permits or approvals. In such cases, the permit or approval application alone will not be sufficient to assure compliance. The alleged violator must follow through with the application process to obtain the necessary permit or approval. Policy. It is the county's policy that in cases where code compliance requires both applying for and receiving a permit or approval, code enforcement shall continue until all necessary permits or approvals are granted or until they are denied and code compliance is obtained through other means. a. Where the required corrective action consists of both applying for and obtaining permits or approvals, code enforcement staff, in consultation with other appropriate CDD staff, shall determine a reasonable time frame for applying for and obtaining the necessary permits or approvals. 18 0148-1469 b. If at any time during the process for obtaining necessary permits or approvals the alleged violator fails to meet the reasonable timelines established under this paragraph, and such failure does not result from the actions of others, the code enforcement officer shall cite the alleged violator pursuant to Paragraph C of this section. C. If the alleged code violator is not granted the necessary permits or approvals, the code enforcement officer shall cite the alleged violator pursuant to Paragraph C of this section. 1. Field Investigation Required. No citation and complaint shall be prepared unless and until a field investigation has verified the existence of a code violation. 2. Form. All citations shall be on a "Uniform Citation and Complaint," (see Appendix E), and shall contain the information required under ORS 153.150. 3. Services All summons for citations and complaints shall be served by personal service on the person named in the complaint. a. By Whom, service may be made by a law enforcement officer. b. Within Deschutes County. Service on persons located within Deschutes County may be made by a deputy sheriff or other sworn police officer. C. Elsewhere In Oregon. Service on a person residing in another Oregon county may be made by sheriff's deputies or other sworn police officer in that county. Code Enforcement staff shall submit summons and complaint to the appropriate county sheriff for service. d. Outside Oregon. Service on persons residing in other states may be made by the appropriate county sheriff or by another sworn police officer. Code Enforcement staff shall contact the appropriate out-of-state sheriff's office to request service and return of service. e. Return of Service. Code enforcement staff shall assure that a return of service for each summons and complaint has been received before the citation is filed in court. f. Failure to Obtain Service. If personal service cannot be obtained after three (3) attempts, the summons and complaint shall be returned to code enforcement for a determination of whether and when further service attempts are appropriate, or whether another method of enforcement should be pursued. T 0148--1470 4. Setting Arraignment. The date for arraignment in the citation and complaint shall be the first available district court date that allows the person cited a reasonable time to respond to the complaint. In setting the date, the officer serving the summons and complaint shall consider the district court schedule for code enforcement cases as well as the time needed to obtain service. 5. Filing Citation and Complaint When the citation and complaint has been served and code enforcement staff has received the return of service, the citation and complaint, abstract of court record and return of service shall be filed in the district court. Policy. It is the county's policy to increase both public awareness of county code enforcement and incentives for code compliance by publishing on a regular basis the filing of citations, abatement and injunctions. Procedure. On a monthly basis, code enforcement staff shall provide to a newspaper of general circulation in the county a summary of the code enforcement citations, abatement and injunctions filed in the district court during the previous month, and shall request that such summary be published. The summary shall include the names and addresses of the persons cited, brief descriptions of the alleged violation(s), and the maximum fine(s). a. Poses. The purposes of arraignment are to: 1) allow the defendant to enter a plea to the citation and complaint; 2) resolve any jurisdictional issues; 3) set a trial date if the plea is not guilty; and 4) if the plea is guilty, allow the defendant and the code enforcement officer the opportunity to provide information to the court regarding sentencing. b. 4pj2earance by County Legal Counsel. County legal counsel shall not represent the county at arraignment unless the defendant has legal counsel at arraignment. 8. ML Bail amounts for county code infractions shall be set in a bail schedule adopted by the presiding judge for Deschutes County. 20 0148-14'71 9. Failure to Appear at Arraignment. If the defendant fails to appear at arraignment, the code enforcement officer may ask the court to issue a bench warrant for the defendant's arrest. However, the code enforcement officer shall not request issuance of a bench warrant to be served outside Oregon. 10. Desault. If the defendant fails to appear at arraignment, the code enforcement officer may request that the district court enter a default judgment in favor of the county and impose a fine against the defendant. 11. Trial. If the defendant pleads not guilty to the allegations in the citation and complaint, the code enforcement officer shall request that the district court set the matter for trial at the earliest available date. a. Burden of Proof The county has the burden of proving at trial, by a preponderance of the evidence, the allegations in the citation and complaint. b. &sponsibility otCpde Eztforcement Q &r_ At trial, the responsibility of the code enforcement officer is to prosecute the case by presenting evidence, calling witnesses and offering any relevant documents and other exhibits in support of the citation. c. Appearance by County L.egttl Counsel_ County legal counsel shall not represent the county at trial unless the defendant is represented by legal counsel at trial. 12. Fines. a. Schedule. The schedule of maximum fines for county code infractions is set forth in ORS 153.310 and ORS 203.065 (see Appendix F). b. Antount. If the defendant is convicted, the code enforcement officer shall request that the district court impose a fine in an amount consistent with the policy and procedures set forth in Section XII.A.1 of this manual. 13. &spension of Fines. The district court has authority to suspend the imposition of all or a portion of a fine. In some cases, the court may wish to suspend imposition of a fine or a part thereof on condition that the defendant comply with county codes within a specified time period. Policy, It is the county's policy to increase the effectiveness of code enforcement activity and the incentives for code compliance by discouraging any suspension of fines in county code infraction cases. 21 0148-1472 Procedure. If a defendant is convicted, code enforcement officers and/or county legal counsel shall advise the district court of the county's policy against fine suspension, and shall ask the district court not to suspend imposition of fines. (' / f/'/// /' Policy. It is the county's policy that, in appropriate cases and consistent with Oregon law and county corrections resources, defendants should have the opportunity to perform community service in order to work off fines imposed by the district court for county code infraction convictions. In particular, it is the county's policy to encourage defendants in appropriate cases to participate in community service programs directed at nuisance abatement and similar code enforcement. Procedure. The county will work with the district court and the county's community corrections staff to explore the implementation of community service programs directed at code violation abatement. 15. Collection and Distribution of Fines. Fines imposed by the district court for county code infractions are collected by the State Court Administrator and are remitted in part to the county. Policy. It is the county's policy that all fines imposed for county code infractions and remitted to the county should be used to pay the costs of county code enforcement. Procedure. All fines imposed by the district court for county code infractions and remitted to the county shall be deposited in the county General Fund and transferred to the CDD Revenue Fund for budgeting and expenditure in the code enforcement program. Policy It is the county's policy to seek injunctions from the circuit court in cases where other methods of code enforcement may be inadequate or have been unsuccessful. 1. When Sought. Code enforcement officers may contact county legal counsel to obtain injunctions in any case in which: a. code violation(s) present an imminent threat to the public health and safety or to the environment; or 22 0148-14'73 b. code violations have not been corrected within a reasonable time after a defendant's third citation for the same infraction(s) in district court. 2. ByWhom. All requests for injunctions shall be made by county legal counsel, with the assistance of code enforcement staff and other assigned CDD staff as necessary. 3. How En orced. After issuance of an injunction, if the defendant fails to comply within the time period specified in the injunction, the code enforcement officer shall request that county legal counsel initiate civil contempt proceedings against the defendant. Policy, It is the county's policy to increase code compliance by using stop work orders to the maximum extent allowed by law. In particular, stop work orders shall be used to assure compliance with permits and approvals the decisions for which are issued on or after the effective date of this manual. 1. Issuance of�Stop Work Order. The appropriate CDD staff shall promptly issue a stop work order in the following cases: a. whenever follow-up of permits and approvals under Section VII of this manual reveals construction, installation and/or land use activity not permitted under the permit or approval; and b. whenever the code enforcement officer or other CDD staff discover or receive a verified complaint of unpermitted construction, installation or land use which is known to have occurred on or after the effective date of this manual. CDD staff issuing the stop work order shall promptly notify code enforcement staff on a complaint form, and the information shall be entered in the CDD computer on the code enforcement and building screens. 2. Violation of Stop Work Order. If construction, installation or land use activity continues after the issuance of a stop work order, such activity shall be reported to code enforcement on a complaint form. The code enforcement officer shall cite the alleged violator pursuant to XII.D. of this manual. (Note: Additional county code authority, and possibly statutory authority, are needed to authorize stop work orders, and citations for violating stop work orders, for land use and environmental health violations.) 23 0148-14'74 F. Permit Revocation. Certain county codes authorize the revocation of permits or approvals for failure to comply with their requirements or conditions. Policy. It is the county's policy to maximize code compliance by revoking permits and approvals to the extent authorized by law in appropriate cases arising from permits or approvals the decisions for which are issued on or after the effective date of this manual. In particular, it is the county's policy to use permit revocation in cases in which corrective action may not be effective in bringing the subject property into code compliance due to the nature of the violation and the deliberateness of the code violator's actions to avoid compliance. 1. Report to Code Enforcement Stab`: If permit or approval follow-up under Section VIII.0 of this manual reveals that the conditions or requirements of a permit or approval have not been met, CDD staff shall inform code enforcement of such violation on a complaint form, and the information shall be entered in the CDD computer on the code enforcement screen. 2. Revocation Procedure. CDD staff in the appropriate CDD division shall determine whether to undertake permit revocation proceedings as authorized under the applicable county code provisions. The following factors shall be considered: a. whether the criteria for permit revocation set forth in the applicable county code provisions exist; b. the severity and deliberateness of the deviation from the permit or approval requirements or conditions; and c. whether compliance can be achieved more effectively through other code enforcement methods. G. Nuisance Abatement, Chapter 13.36 of the Deschutes County Code (hereafter "Code") authorizes the abatement of county code violations that are defined as "public nuisances." Policy. It is the county's policy that, as of the effective date of this manual, county code violations constituting public nuisances shall be abated pursuant to chapter 13.36 of the code and within available resources. Procedure. When a code enforcement officer or other CDD staff discovers or receives a verified complaint of a code violation that may constitute a "public nuisance," the information shall be submitted on a complaint form and entered in the CDD computer on the code enforcement screen. 24 0148-1475 Code Enforcement staff or other assigned CDD staff shall promptly consult county legal counsel to initiate nuisance abatement pursuant to chapter 13.36 of the code. H. Dangerous Building Abatement, Chapter 15.04 of the code authorizes the abatement of buildings containing violations rendering them "dangerous buildings" as defined in the code. Policy. It is the county's policy that violations that may render a structure a "dangerous building" shall be abated pursuant to Chapter 15.04 of the Code and within available resources. Procedure. When a code enforcement officer or other CDD staff discovers or receives a verified complaint of code violations in a structure that may render the structure a "dangerous building", the information shall be submitted on a complaint form and entered in the CDD computer on the code enforcement and building permit screens. The Deschutes County Building Official (hereafter "building official") shall be notified and shall promptly consult with county legal counsel to initiate abatement proceedings under chapter 15.04 of the code. I. Dou feeing Permits. Certain provisions of the code allow the county to charge double the normal fee for permits issued for construction or installation originally performed without required permits. Poria., It is the county's policy to maximize the incentives to comply with county codes by double -feeing, to the extent authorized by law, for permits sought for unpermitted construction or installation that occurs on or after the effective date of this manual. Procedure. Whenever a code enforcement officer or other CDD staff discovers or receives a verified complaint of unpermitted construction or installation, the information shall be submitted on a complaint form and entered in the CDD computer on the code enforcement and building permit screens. When construction or installation permits are sought for the unpermitted work, the following procedures shall apply: 1. If the unpermitted work occurred before the effective date of this manual, the county may double -fee the permit(s). The decision to double -fee shall be made by the building official or designee, in accordance with criteria established in the applicable provisions of the code. 2. If the unpermitted work occurred on or after the effective date of this manual, the county shall double -fee the permit(s). In some cases, persons apply for land use, construction and/or environmental health permits to develop property upon which there already exist uncorrected county code violations. In addition, in some cases, persons apply for permits for "accessory" structures, such as garages and other 25 0148-14'76 outbuildings, that are later converted to unpermitted "primary" uses, such as a residences. In such cases, the only effective way to correct or prevent code violations may be to restrict the application for and/or issuance of such development permits. Policy. The following policies are only effective upon enactment of an amendment to Title 18.116.040 to permit accessory structures only upon establishment of, or application for, a primary use. It is the county's policy to maximize code enforcement and the incentives for compliance by restricting the application for and/or issuance of land use, construction and/or environmental health permits, to the extent authorized by law, where such restriction may serve to correct or prevent the occurrence of such code violations. In particular, it is the county's policy, to the extent authorized by law, not to issue permits or approvals, nor to renew or extend permits and approvals, for development on any property on which there already exist uncorrected code violations. The restriction should continue until such violations are corrected. It is also the county's policy not to issue permits or approvals, nor to renew or extend permits or approvals, for "accessory" structures, such as garages and outbuildings, on vacant property, on property on which there does not already exist a permitted primary residential or commercial use, and on property for which a permit or approval for a "primary" use is not sought simultaneously with the "accessory" use permit or approval. The restriction should continue until the primary permitted use is established or a permit for it is sought. 1. Land use, construction and/or environmental health permits, or renewals or extensions of such permits, sought in order to correct existing county code violations on the subject property shall be issued if all criteria for issuance are met. 2. These provisions shall not apply to the issuance of agricultural building exemptions as set out in ORS 455.315. Exemption from the state structural code for qualifying agriculture buildings shall be issued if all criteria for the exemption are met. 1. Determination of Existing Violations. Whenever land use, construction and/or environmental health permits are applied for, or renewals or extensions of such permits are sought, CDD staff shall determine if there are existing code violations and the status of those violations. 2. Determination of "Accessory" Status. Whenever land use, construction and/or environmental health permits are applied for, or a renewal or extension of such permits are sought, for a garage, outbuilding or other similar "accessory" structure, CDD staff 26 0148-1477 shall determine if there exists on the subject property a permitted "primary" use to which the structure would be "accessory," or whether a permit or approval is also being sought for the "primary" use. a. Fxi ing Code Violations. If review of CDD's records and/or consultation with code enforcement staff reveals the existence of unresolved code violations on the subject property, CDD Staff shall not accept applications for the requested permit(s) or approvals or renewals or extensions thereof, nor shall staff issue permits or approvals or renewals or extensions thereof. Instead, staff shall promptly consult with code enforcement to determine whether the permit or approval, or the renewal or extension thereof, is being sought in order to correct the existing code violation(s). If the requested permit or approval, or renewal or extension thereof, is determined to be required for code compliance, the application shall be accepted, or the permit or approval shall be issued if all necessary conditions have been met. CDD staff shall refer persons not allowed to apply for permits or approvals, or to whom issuance of permits or approvals or renewals or extensions thereof has been denied under this subparagraph, to a code enforcement officer to discuss required corrective action. b. "Accessory" Structures. If review of CDD's records reveals that no "primary" use exists on the subject property to which the structure applied for would be "accessory", or if no permits or approvals for the "primary" use are simultaneously applied for on the subject property, CDD staff shall not accept applications nor issue permits or approvals, or renewals or extensions thereof, for the requested "accessory" structure. CDD staff shall refer persons not allowed to apply for permits or approvals, or to whom issuance of permits or approvals or renewals or extensions thereof, has been denied under this subparagraph to a planner to discuss the establishment of the necessary primary use. 4. Duration of Permit/Approval Restrictions. No land use, construction and/or environmental health permits or approvals, or renewals or extensions thereof, may be applied for or issued, except as provided above, until all necessary corrective action has been taken with respect to existing code violations under subparagraph 3(a), or until the necessary "primary" use has been established or applied for on the subject property under subparagraph 3(b) of this paragraph. 5. Coordination. Whenever the provisions of this paragraph apply, code enforcement and other CDD staff shall closely coordinate their permitting and enforcement activities to assure compliance with this paragraph. 27 0148-14'78 (Note: Additional county code and/or statutory authority may be needed to allow refusal to accept permit or approval applications or to refuse to issue permits or approvals due to pending code violations.) K. Assisting Erlforcement by Other Regulatory/Licensing Agencies. In some cases, county code violations also may constitute violations of federal and/or state statutes or administrative rule. For example, surface mining without county land use approval may also violate state statutes and administrative rules governing mining, and performing building construction without necessary permits may also constitute violations of state statutes and administrative rules governing the conduct of licensed contractors. Policy. It is the county's policy to maximize code enforcement and the incentives for compliance by promptly advising the appropriate federal and/or state agency of county code violations reported or discovered that may also violate the statutes or administrative rules of that agency. It is also the county's policy to cooperate with federal or state agencies, to the extent authorized or required by law or by intergovernmental agreement, to obtain voluntary compliance or to punish violations. The county may defer investigation and prosecution to the appropriate federal or state agency in cases in which, as determined by the CDD Director or designee, the federal or state agency enforcement procedure will result in more effective correction of the violation(s). I' 0 ' !MM, 1. RQp ori ting• Whenever a code enforcement officer or other CDD staff discovers or receives a verified complaint regarding a county code violation that may also constitute a violation of federal or state statute or administrative rule, he or she shall advise the appropriate federal or state agency. 2. Cooperation. To the extent authorized or required by law or by intergovernmental agreement, code enforcement officers and other CDD staff shall cooperate with the federal or state agency to obtain voluntary compliance or to prosecute and punish violations. That cooperation may include sharing information, conducting joint investigations, appearing as witnesses and/or providing evidence in enforcement proceedings, and coordinating the timing of investigations and/or enforcement proceedings to maximize their effectiveness. 3. DD.ferral to Other Agency. The county may defer some or all code enforcement to a federal or state agency, and forego county code enforcement, where the CDD Director or designee determines that the federal or state enforcement activity will be more effective than county code enforcement. In making the determination, the following factors shall be considered: a. the nature of the violation and necessary corrective action; 28 0148-14'9 b. the comparative severity of the penalties available to the federal or state agency and to the county; and C. the comparative time frames required for enforcement by the federal or state agency and by the county. L. Civil Penalties. Monetary penalties for county code infractions may be assessed through a county administrative hearing procedure, separate from the citing and prosecution of county code infractions in district court. Policy. It is the county's policy to maximize code enforcement and to increase the incentives for compliance by creating a county administrative hearing procedure for assessing and collecting civil penalties against county code violators. The county believes the assessment and collection of civil penalties in such an administrative hearing procedure may be the most effective way to obtain code compliance in cases in which the code violator is receiving economic gain from continuing code violation(s). Procedure. The county will explore, as an additional method of code enforcement, the development of authority and procedures for county administrative hearings for the adjudication, assessment and collection of civil penalties against county code violators. M. County Cost Recovery. The county incurs costs investigating code violations and enforcing codes. They include the cost of personnel and equipment, legal advice and representation, service of summons, and administrative expenses. Policy. It is the policy of the county to maximize code enforcement and to increase the incentives for code compliance by recovering its reasonable code enforcement costs from code violators. Procedure. The county will explore the development of the authority and procedures for a code enforcement cost recovery program. N. Liens. In many cases, the most effective way for the county to recover its code enforcement costs, as well as to collect any civil penalties assessed through administrative hearings, is to file a legal claim for those costs or penalties against the property subject to code enforcement, or against other property owned by the code violator. Policy. It is the county's policy to assure recovery of its costs, as well as the collection of civil penalties assessed through administrative hearings, by filing claims for those costs and penalties in the form of liens on property subject to code enforcement, or upon other property owned by code violators. 29 0148-1480 Procedure. The county will explore developing the authority and procedures for the filing of liens against real property for the collection of code enforcement costs and civil penalties assessed through county administrative hearings. IM, Nov O-191.1 I' Some county code violations involve property owners or other responsible persons who lack the financial ability to obtain permits and approvals, or to perform or contract for the construction or other work necessary to correct code violations, or pay court ordered fines for code violation. Policy. It is the county's policy to investigate and take enforcement action against all code violations, regardless of the financial resources of the property owner or other responsible person. However, the county recognizes that the effectiveness of code enforcement may be significantly reduced where the code violator is indigent. Therefore, it is the county's policy to assist indigent code violators, to the extent authorized by law and within available county and community resources, to correct code violations. That assistance may include the reduction or waiver of county permit and approval fees, as well as facilitating financial or construction assistance through other community resources, or community service in lieu of fines. Procedure. In cases where the defendant in a code infraction case appears not to have the financial resources to correct the code violations or pay fines, the person may apply to qualify for financial or other assistance within available resources and under the following procedures: A. Criteria f9r Indigence. To qualify for assistance under this section, the property owner or other responsible person must meet the criteria for indigency established by the state Court Administrator for indigent criminal defense. B. When Determined. Indigency shall be determined if the defendant pleads guilty to or is convicted of an infraction, and claims indigency in the district court. C. How Determined. A defendant claiming indigency shall complete an indigency form (see Appendix G). The form shall be evaluated by code enforcement staff to determine if the defendant meets the criteria for indigency. The defendant shall be notified in writing of the county's indigency determination and available county or community assistance. D. Fee Reduction/Waiver. A defendant who is determined to be indigent under this section may apply for a reduction or waiver of CDD development fees for permits or approvals necessary to correct the code violation(s). The decision to reduce or waive development fees will be made by the Board, considering the following factors: ITO 0148-1481 1. the degree of the defendants indigency; 2. the cost of the development permit(s) or approval(s) required; 3. funds available for fee reductions/waivers in CDD's budget or in any other available funds; and 4. other assistance available in the community. i $ =1190=717 After a conviction or plea on a code violation, and upon a finding of indegency the court may order community service in lieu of a fine. A period of time shall be established in which the community service shall be completed. MnGafi y i The county will explore the development of a special fund, in CDD's budget or elsewhere in the county's budget, for the purpose of subsidizing fee reductions or waivers under this section. G. Other Assistance. The county will also explore the development of a program to assist indigent defendants with other code compliance costs, such as the cost of labor and materials necessary to correct code violations. This program should involve other interested persons and community organizations, such as Central Oregon Builders Association, Central Oregon Bird of Realtors, Central Oregon Community Action Agency Network, Deschutes Housing Solutions, Habitat for Humanity, etc. XIV. RESOLUTION OF CODE COMPLAINTS Policy. It is the county's policy to attempt to reach final, satisfactory resolution of all code violation complaints. However, the county recognizes that not all complaints may be resolved successfully, due to factors outside the county's control. These factors can include the indigency of the code violator, the lack of county or other resources to assist the violator, statutory limitations on potential fines or other penalties for code violations, and the large number of complaints to be resolved. Therefore, it is the county's policy to focus its code enforcement resources on the code violations that meet the priorities set forth in Section VI of this manual, and to resolve those violations within a reasonable period set for code enforcement activity in this manual or elsewhere. Where the county determines that a code violation may not be successfully resolved within the established reasonable timelines, it is the county's policy to either close the file, or to explore alternative methods of enforcement. 31 0148-1482 A. File Closure- A code violation complaint will be resolved by file closure in the following cases: 1. when no code violation is found after investigation; 2. when there is voluntary compliance; 3. when the property owner and/or other responsible person has been convicted of an infraction and has corrected the violation(s); 4. when an injunction has been issued and the property owner or other responsible person has corrected the violation(s); 5. when investigation and prosecution of the violation(s) have been completed by a federal or state agency to which the county deferred code enforcement; or 6. when it is determined in writing by the CDD Director or designee that the code violation(s) are not likely to be successfully resolved within a reasonable timeline, due to factors outside county control. B. Notice of Resohition The county may send written notice to the complainant when the complaint is resolved, describing the resolution. C. Alternate Mahods of Resolution The county may explore alternate methods to resolve code violations. 1' W I_P WARI►Y Il DWEV County code enforcement files, including CDD computer records, are the official record of county code enforcement activity. As such, the files and computer records shall be maintained pursuant to the rules of the secretary of State for maintenance of official records. r UI 1 ; Police. It is the county's policy to make information available to representatives of the news media to the extent legally authorized. Procedure. 32 0148-1483 A. WAWL I or w on The contents of county code enforcement files and computer records, and statements of county staff concerning code enforcement cases, shall be made available to representatives of the news media upon request made to the CDD Director, and subject to the provisions of section VIIIA. of this manual and the pertinent statutory provisions governing public record disclosure. A. Complaint Form B. Undocumented structure Policy C. Agreement to Abate D. Notice of violation (NOV) Form E. Uniform citation and complaint F. ORS 153.310 and ORS 203.065 (Maximum Fines) G. Indigency Form 33 EXHIBIT "All 0148-1484 DESCHUTES COUNTY PROCEDURE FOR UNDOCUMENTED STRUCTURES I. INITIAL STATUS DETERMINATION Upon request, the Community Development Department (CDD) will research the permit history and status of an existing structure. CDD computer records will.be searched first. if computer records do not show required permits and inspections, or show incomplete permits or inspections, additional research of other available county records will be done. A minimum fee of $25.00 will be charged for such additional research. A written report of CDD's research will be provided to the customer, and a record Of -the research and results will be entered in CDD's computer database. If CDD record research shows no permits or inspections, or incomplete permits or inspections, for an existing structure, the owner or owner's legal representative may submit any available evidence that required permits and inspections were obtained, or that the existing structure was built before permits and inspections were required. such evidence could include items such as electrical permit - stickers, building inspection cards from the job site, builders records, lender's records, etc. If submitted information is deemed by the county to be credible evidence that required Permits and inspections were obtained for an existing structure, or that the structure pre -dates permit and inspection requirements, the J.nformation will be entered in CDD's computer database and included in any research report for the structure. Sul A. Structures Built On Or After January 1 3.988 1. If an existing structure was built, remodeled, or altered on or after January 1, 1988, and CDD's record research does not show that required Pexm ts and inspections were obtained the owner or owner's legal representative may legitimize the existing structure by obtaining all required permits and. inspections for the construction, remodeling and/or alteration. 1-- EXHIBIT "A" TO RESOLUTION NO. 93-112 0148-1485 2. If an existing structure has no record of permits, construction code provisions applicable to the new permits and inspections will be the codes in effect at the time the permits are obtained. 3. If an existing structure has a record of permits and inspections up to, but not including framing, the construction code provisions applicable to the permits and inspections will_ be the codes in effect at the time new permits are obtained. 4. If an existing structure has a record of permits and inspections through framing, insulation or drywall, but-. no record of a final inspection, the structure may be legitimized by obtaining a special investigation for a final approval.. The special investigation and final will be performed under - the code provisions which applied at the time the applicable permit of record was obtained. 5. The Building Official may allow exceptions as authorized under Section R-108.3 of the Oregon one and Two Family Dwelling Specialty (CABO) code, or Section 106 of the Oregon Structural Specialty Code (UBC), whichever is applicable. (See attached) If an existing structure was built, remodeled or altered before January 1, 1988, the owner or owner's legal representative may legitimize the existing structure, after a research fee has been paid, by -the following procedure: 1. The owner or owner's legal representative may submit to CDD a written report from a private building inspector identifying potential structural and'fire/life safety violations found in the existing structure. (The private building inspector's inspection and report are not intended to be a code compliance inspection.) 2. The Building Official will review the private inspector's written report, and will identify in writing any fire/life safety issues under One and Two Family Dwelling Structural Specialty code or the UBC, whichever is applicable, that: the county would require to be resolved, and any permits and inspections required to resolve them under the applicable code. The Building Official may choose to conduct a special 2 - EXHIBIT "A" TO RESOLUTION NO. 93-112 0148-1486 investigation of the existing structure before completing the identification of fire/life safety issues. If such a special investigation is deemed required, special investigation fees will be charged. 3. a) After the Building Official has identified any fire/life safety issues that must be resolved and what permits are required, the owner or owner's representative - may apply for the permits, inspections and approvals required to resolve those issues. b) If an existing structure has no record of permits, the structural and fire/life safety code provisions applicable to the permits and inspections for the existing structure will be the codes in effect at- the time the permits are obtained. c) If an existing structure has a record of permits and inspections up to, but not including framing, the structural and fire/life safety code provisions - applicable to the permits and inspections will be the codes in effect at the time new permits are obtained. d) If an existing structure has a record of permits and inspections through framing, insulation or drywall, but no record of a final inspection, the structure may be legitimized by obtaining a special investigation for. a. final approval. The special investigation and final will be performed under the code provisions which applied at the time the permit of record was obtained. e) The Building Official may allow exceptions as' authorized under Section. R-108. 3 of the CABO code, or -- Section 106 of the UBC, whichever is applicable. (See attached) IV. Code Enforcement A. If a research request for an existing structure reveals that required permits and inspections may not have been obtained, the results of the research will not be referred to code enforcement, and no enforcement action will be taken by the county based on the research request. B. If a private building inspector's report submitted under this procedure, or the Building Official's review or special investigation of it, reveal fire/life safety code violations in an existing structure, the report and the Building Official's review of it will be referred to code enforcement-. 3 - EXHIBIT "A" TO RESOLUTION NO. 93-112 0148-1487 However, no enforcement action will be taken for such violations as long as the owner or owner's legal representative makes diligent and good faith efforts necessary to correct fire/life safety violations in the existing structure. V. Land Use and Septic Issues This procedure applies only to existing structures for which county records indicate permits and inspections required under applicable building, mechanical, plumbing and electrical codes may not have been obtained. Existing structures that are in violation of the county's comprehensive land use plan or regulations may not- be legitimized under this procedure. Existing structures for whicir there is no record of required septic system approval must obtain approval through the procedures set forth in Department of= Environmental Quality's on-site septic system administrative rules. I - EXHIBIT "A" TO RESOLUTION NO. 93-112 KLV1LVVtU APPENDIX B Undocumented Structure (1E LEG COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Establishing A Policy on Undocumented Structures. RESOLUTION NO. 93-112 WHEREAS, the Board finds that an unknown but potentially significant number of existing structures in the County, built or: remodeled since County adoption of building codes in 1974, do not have documentation in official County records of required pian review, building permits and inspections; and WHEREAS, the Hoard finds that some of these undocumented structures were never permitted, and that others may have been permitted but that some County permit records prior to January 1, 19880, are missing or incomplete, and it therefore may not always be possible to determine why the structure is undocumented; and WHEREAS, the Board finds that it is in the interest of: the citizens of the County that the status of undocumented structures -be - established, and that any fire/life safety code violations in such structures be identified and corrected; and REAS, the Board finds that it is not in the interest of the citizens of the County that all undocumented structures built before January 1, 1988, be brought into compliance with all provisions of: - applicable construction codes; and WHEREAS, the Board finds that the County lacks the resources to undertake a comprehensive, County -wide program to physically identify_ and inspect all undocumented structures to determine their permit - status and code compliance; and WHEREAS, the Board finds that it is in the- interest of the citizens of the County to establish a process for deter i*+ing the status of undocumented structures, and for correcting fire/life safety code violations in such structures, within available County resources= now, therefore, , IT IS HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON AS FOLLOWS: Section 1. The procedure set forth in Exhibit "A," attached hereto and incorporated by reference herein, is hereby adopted as the Policy of Deschutes County for resolution of the status of undocumented structures and correction of fire/life safety code violations in such structures. 1 - RESOLUTION NO. 93-112 (12/15/93) 0148-1480 Section 2. This resolution takes effect on January 1, 1994. DATED this ;5 day of �l�('�,,rt%lY,�t; , 1993. BOARD OF COUNTY COMMISSIONERS OF DE�Sj/� TES COUNTY, OREGON ,i ly 77 T= Y PO E S N Recording Secretary BARRY AUGHTER, C 2 - RESOLUTION NO. 93-112 (12/15/93) APPENDIX C Agreement to Abate AGREEMENT TO ABATE 0148-1490 - - THIS AGR MGM, made and entered into by and between Deschutes County, a Political subdivision of the state of Oregon, hereinafter referred'to as "County," and , who either owns or occupies real property located at in Deschutes County, Oregon, hereinafter referred to as "Defendant," 01 WXTMSSETH 1. This Agreement is made pursuant to oRs 153.170, and is'intended to constitute a waiver of hearing and consent to judgment. 2. The conditions) on the property that is the subject matter of this Agreement consists) of the followings and violate(s) Of the Deschutes County code. 3. County and Defendant agree that the condition(s) described in paragraph 2. of this Agreement must. be abated as follows: 4. Defendant understands and agrees that under Countyes code enforcement policies and procedures, abatement of the violation(s) described in paragraph 2 of this Agreement would be required on or before 5. County and Defendant agree that the condition(s) described in paragraph 2 of this Agreement shall be abated on or before 6. In consideration for county granting the extended period for abatement of the violation(s) provided in paragraph 5 of this Agreement, Defendant understands and agrees that he/she waives the right to a hearing before the court, and consents to the court entering a judgment in favor of County and against Defendant and further ordering Defendant to forfeit bail and/or to pay a fine, as determined by the court. 7. Defendant understands and agrees that this Agreement is the equivalent of a conviction for county code infraction(s), and that this Agreement can be introduced as evidence in any subsequent proceeding arising out of a breach of this Agreement, and that the court can find that Defendant is guilty of the infraction(s) described in paragraph 2 of this Agreement solely on the basis of this Agreement. 8. Defendant understands and agrees that County shall also have the right to request specific performance of this Agreement, and that County retains the right to any and all remedies legally available to it in connection with abatement of the violation(s) described in paragraph 2 of this Agreement, as well as reimbursement of County•s costs. 9148-1491 9. Defendant understands and agrees that on or immediately after the date for abatement provided in paragraph 5 of this Agreement, County will determine whether or not Defendant has complied with this Agreement. 10. Defendant understands and agrees that county is the sole authority to determine whether or not Defendant has complied with the terms of this Agreement. If County determines that Defendant violated or failed to fulfill the requirements of this Agreement, County may ask the court to set the matter for hearing and may introduce this Agreement as a waiver of hearing and consent to judgment under ORS 153.170. 11. This Agreement contains the entire agreement between the parties. Any prior written or oral agreements between the parties which are different from the terms, conditions and provisions of this Agreement shall be of no effect and shall not be binding on either party. 12. No amendment to or modification of this Agreement shall be valid and no extensions of this Agreement will be permitted. DATED this day of 19 DATED this day of , 19 DESCHUTES COUNTY (Board of County Commissioners or designee) .717-71,2715_ APPENDIX D NOTICE OF VIOLATION 0148-1492 Deschutes County Coiilm anity Develooi ent Oeoar'L-m nt Administration Building 1120 N. W. Harr i mai: Pend, Oregon 97701 Name: Address: NOTICE OF VIOLATION Dat a . Case# Assessor's Serial# A COMPLAINT HAS BEEN FILED AGAINST YOUR PROPERTY: Location of property: _-- R- 3- TL -- aka: YOU ARE ALLEGED TO BE IN VIOLATION OF THE FOLLOWING: wstart Since many violations occur because of unfamiliarity with the County Code, voluntary compliance is sought before a citation is issued. If you feel you are not in violation of the code, please call name, the Code Enforcement Officer at 388-6575 or write to the above address on or before the compliance date. Compliance must be on or before .date days. Failure to comply will result in legal action and may cause permit fees to be doubled. YOU ARE HEREBY DIRECTED TO COMPLY BY TAKING THE FOLLOWING ACTION: ♦ APPENDIX E Uniform Citation & Complaint ---DNT-R= COURT OF THE STATE OF OREGON FOR DESCHUTES COUNTY UNIFORM CITATION AND COMPLAINT STATE OF OREGON ) ) SS. DOCKET NO. COUNTY OF DESCHUTES ) 0148-1493 IN THE NAME OF DESCHUTES COUNTY, A POLTTICAL SUBDIVISION OF THE STATE OF OREGON, THE UNDERSIGNED CERTIFIES AND SAYS: THAT ON THE DAY OF 19 AT__ -0 am. 0 pm. NAME Lam Hest Middb RES. ADD. PHONE CITY STATE ZIP BUS. ADDIOCCP. PHONE DOB SEX OOLAD# VEH LICENSE ! STATE DID UNLAWFULLY COMMIT THE OFFENSE OF: A CLASS 0 A 0 9 INFRACTION IN VIOLATION OF DESCHUTES COUNTY SECTION BY NARRATIVE IN UNINCORPORATED DESCHUTES COUNTY, OREGON AT OR NEAR 1 HEREBY CERTIFY UNDER PENALTIES PROVIDED FOR A PERSON KNOWINGLY CERTIFYING FALSELY ANY MATTER IN CONNECTION WITH THE ISSUANCE OF A CRATION FOR THE FILING OF A COMPLAINT THAT I HAVE REASONABLE GROUNDS TO BELIEVE AND DO BELIEVE THAT THE ABOVE PERSON COMMITTED THE ABOVE OFFENSE CONTRARY TO LAW. I FURTHER CERTIFY THAT 1 HAVE CAUSED THE SUMMONS TO BE DELIVERED TO THE PERSON CITED. DATE OFFICER APPEAR IN COURT AT M. ON DAY OF 19 LOCATED AP 1064 BOND STREET. BEND. OREGON 97701 SCHEDULED BAIL: i IMPORTANT NOTICE: THIS COMPLAINT WILL BE FILED IN THE DISTRICT COURT. FAILURE TO COMPLY WITH THE INSTRUCTIONS ON THE REVERSE SIDE OF THIS CI IATION MAY RESULT IN A WARRANT BEING ISSUED FOR YOUR ARREST. 0 y C7 W z W 9' 4. 1 N r ti APPENDIX F ORS. 153.10 & ORS. 203.965 153.310 Schedule of penalties. (1) Ex- cept as otherwise provided in the statute de- fining the offense, the penalty for committing an infraction subject to ORS 8.665, 153.110 to.153.310 and 153.990 shall be a fine only. (2) Infractions subject to ORS 8.665, 153.110 to 153.310 and 153.990 are classified for the Durpose of sentence into the following categories: (a) Class A infractions; and (b) Class B infractions. (3) A sentence to Day a fine for an in- fraction subject to O$S 8.665, 153.110 to 153.310 and 153.990 shall be a sentence to Pay as amount not exceeding (a) $500 for a Class A infraction. (b) $100 for a Class B infraction. MW1 QM 191 203.065 Penalties; remedies enforce- ment; disposition of fixes status of nui. sane declared by o1---ce (1) Violation of an ordinance adopted by a county govern - body under ORS 203.030 to 203.075 shall be punishable, upon conviction, by a fine of not more than $500 for a noncontinuing of- fense and a fine of not more than $1,000 for a continuing offense. (2) The violator of a county ordinance may be prosecuted by the county in the name of the county, or be made the defendant in a civil proceeding by the county seeking re- dress of the violation. (3) Every act or thing done, or anything existing within the limits of a county, which is declared by an ordinance of the county adopted under ORS 203.030 to 203.075 to be a nuisance, shall constitute a nuisance and may be regarded as such in all actions, suits and proceedings, unless the ordinance is de- clared void by a court of competent jurisdic- ,ion. (4) Fines recovered under ORS 203.030 to 203.075 shall be paid to the clerk of the court in which recovery is had. After first deduct- ing court costs in the proceedings, the clerk shall pay the remainder to the treasurer of the county for the general fund of the county. (5) Any peace officer, as defined by ORS 161.015, may enforce an ordinance adopted under ORS 203.035. [1973 c282 18. 1975 x736 14; 1977 C-766 1151 * , ., — APPENDIX G Indigency Form — 0148-1405 IN THE CIRCUIT / DISTRICT COURT OF THE STATE OP OREGON FOR DESCHUTES COUNTY Court -Appointed Attorney .. CY Announcement PLEASE READ THIS ANNOUNCEMENT You may be entitled to a Court -Appointed Attorney at Public expense if you qualify as an indigent person. An indigent person is one who cannot hire an attorney without causing substantial hardship to himself, herself or dependent family. If you think that you might qualify for a Court -Appointed Attorney, you must fill out an "Affidavit of Indigence and Request for Court Appointed Counser form. Please be aware that you will be required to document or verify the information in this form. As an affidavit, this form is a sworn statement and it is important that you be truthful regarding your income, assets and debts. Pedury and false swearing are criminal offenses (ORS 162.065, 162.075). 0148-100 �. ADVICE Or RIGHTS CONCERNING COURT-APPOINTED COUNSEL 1. You have a right to have an attorney represent you on the charge(s) or matter(s) you are appearing in court on. If hiring an attorney would create a substantial financial hardship in providing necessities for yourself or your dependents, the court will appoint an attorney to represent you at state expense. ORS 135.040-135.050. 2. In order for the court to decide whether you are eligible for court- appointed counsel, you must submit a sworn financial statement which lists Information about your income, expenses, property, and dependents. Financial information for your spouse, if any, may also be required. 3. The -financial information provided to the court will be verified. You and your spouse must sign a Release of Information. This allows the court to obtain- information from others to confirm your financial situation. Please be sure to read the release carefully before you sign it. You may also be asked to provide documentation of debts, property, and income (such as recent wage stubs). 4. The financial statement asks for your social security number. Although you do not have to provide this number, it will help the court •verify your request for counsel more quickly and make sure your records are received correctly. 5. Information you provide on the financial statement generally is confidential. Your address may be released to other court staff to update court records or be released, if necessary, for verifying financial Information. 11owever, if the court has reason to believe you knowingly falsified the information, your financial statement may be sent to the. district attorney to review for possible filing of false swearing charges. Also, financial information provided'in the Affidavit of Indigence may be used in a hearing to determine whether you are eligible for court- appointed counsel and for sentencing and.collection purposes, if necessary. ORS 151.495. 6. If your financial situation -improves during your case, you must tell your attorney or the court. The court may either end the appointment of counsel or order you to repay some or all of the amount expended. 7. If you are convicted of a crime, the court may hold a hearing to review your financial situation at that time. The -court will decide whether you are, or will be in the future, able to repay to the state some or all. of the cost of your defense. If the court finds you can repay, you will be ordered to make reasonable payments, as a part of your sentence, or as a condition of probation or suspended sentence in the case of felonies committed before November 1, 1989, or misdemeanors.. ORS 137.540, 161.665, 161.675. The court may also enter a civil judgment against you for the repayment/ of costs of your defense. Collection efforts may be brought against you, but all civil judgment debtor protections and exemptions will be available. ORS 137.180. YOU WILL NOT SE REQUXRED TO REPAY THE COST OP YOUR DEFENSE IF YOU ARE NOT CONVICTED. 8. If your financial situation gets worse and you are unable to meet the repayment amount or schedule of payments as ordered by the court, you may discuss changes with your probation officer. If you do not have a probation officer or if you and your probation officer cannot agree on a change, you may petition the court in writing for an order that you do not have to make past due or future payments. The court may hold a hearing (such as item 7 above) if the court decides it is necessary. ORS 161.675(3). 33 (Desk Manual, Sec. 3.D.) w A,, STATE OF OREGON Deschutes County Case No. Charge(s): Case Name: ❑_ District Court ❑ Circuit Court Affidavit of Indigence and Request for Court -Appointed Counsel (Confidential) 1, the undersigned, being duly swom, say that i am before the court in this case. I am asking for appointment of an attorney to represent me in this case because I cannot pay for an attorney now without causing substantial hardship to myself or my dependent family. The following information is true, and 1 ask the court to use the information to deadewhether I can have an appointed attorney and payment of other costs at public eNxi se. I understand that I can be required to document or verify this information. I understand failure to do so could result in my request being denied or, if counsel has already been appointed, the withdrawal of counsel. I understand that if I do not tell the truth t can be charged with a crime, and if convicted, I can be incarcerated. BE SURE TO READ THE "COURT APPOINTED ATTORNEY ADVICE OF RIGHTS" FORM PLEASE PRINT CLEARLY AND COMPLETE EVERY UNE BELOW THAT IS APPLICABLE To YOU—IF SOMETHING DOES NOI APPLY, WRITE "NA' 1. PERSONAL Full Name of Applicant r■ww,.` A600" MAW LAJr w...e: Residence Address err` ErAO mss GRP JrAT! II Mailing Address (if different) _ Aowes: GRI' JrAr! p - Phone No. (ARM 00") Birthdate Social Security No. YOIIRN/6tT!/rEAAt Sex: ❑ Female. ❑ Male MaritalStatus: ❑ Married ❑ Single ❑ Separated ❑ Divorced List the following information for everyone living in your household: Name Relationship Age 2 EMPLOYMENT AND INCOME Present employer Address Hourly wage $ . Average hours per week If unemployed, how long since last employment ❑Other Monthly income How long Occupation Phone No. l ) AAM Goof Net (after tax) monthly income $ Previous employer How long Occupation Address Spouse's employer Address Hourly wage $ Average hours per week If unemployed, how long since fast employment Net (after tax) monthly income $ How long Occupation Phone No.( ) AAw GOOD Net (after tax) monthly income $ Other income for you and spouse, dependents or household members; for example: Social Security, unemployment, retirement, public assistance, child support, workers' compensation, disability, etc.: Source of income — DESCRIBE Amount How long received How often received $ S S Other household members who help pay for your living expenses: Name Amount S S AAN IOEF•200:12/02 1-AFR13A.V1T OF 1F4VnFW.F •IJf7 AC[11 KfT Citi nn ,"�..nn......r.. �......��. Payment for what? — DESCRIBE 3. PROPERTY AND ASSETS OWNED BY YOU, SPOUSE AND DEPENDENTS Cash available $ If in custody, amount in jail or trust account $ Savings account No. Balance $ Bank/Branch Office Checking account No. Balance S Bank/Branch Office Other account No. Balance S Bank/Branch Office Real Estate: Address, City Credit Cards: Card Name/ Bank Motor Vehicle: Make, Year Value Amount owed Equity Real estate payments made to $ $ S Value $ Account No. Amount owed Equity $ s Expiration date Vehicle payments made to S $ S Are any of these motor vehicles used for work (other than driving to and from work)? ❑ Yes ❑ No All other property or assets; for example: fumiture, boats, guns, jewelry, toots, etc.: Description Value Description $ S Money owed to you or spouse by others; for example: tax refund, trust, settlement, judgment, etc.): Name of debtor Amount owed Date expected s Value S_ 4. MONTHLY EXPENSES List all expenses that aro paid monthly by you Individually or by you jointly with spouse: Rent/ mortgage $ Utilities $ Credit card payment(s) $ Car payment(s) $ Insurance $ Other: $ --- Medical debts $ Child support $ Court-ordered payments $ S. APPLICANT HISTORY I have $ security/bail posted on this or other pending cases. Have you ever requested a court-appointed attorney before this application? ❑ Yes If "yes," my request for a court-appointed attorney was: ❑ Approved ❑ Denied In which county was your request? Date Charge(s) ❑ No If I receive the services of a court appointed attorney, I agree to reimburse the court for reasonable attomey fees and costs paid on my behalf, as ordered by the court. This agreement applies in criminal cases only if l a n found guilty. Reimbursement will be based on my ability to pay. I admowiedge receipt d the Court Appoirted Attorney Advice of Rights form by itialing as follows are ❑ Applicant has completed this affidavit. SUBSCRIBED AND SWORN TO before me this SOW TUM OFAPPLr-# ?/OZFV00A T ❑ Applicant has requested or allowed court/release office personnel to complete affidavit utilizing information the applicant has provided. day of 199 CL W1MOiAM/INNCM*OACOWI C -A Attorney Request: ❑ Approved ❑ Denied My commission expires: 2-AFFIUVIT OF INOIAENCE AND AFOUCST FOR COUiTT.APPrWwrtn rent wart '% , STATE OF OREGON Deschutes County Case No. 0148-11,99 RELEASES TO OBTAIN INFORMATION FOR VERIFICATION I understand that the court verifies my employment and financial situation to determine my eligibility for a court-appointed attorney. I understand that some of the information necessary for this verification is contained in records that may be protected by federal and state law. Because of this, I have signed releases below which allow public and private organizations and individuals to provide the court or its designee with requested information. 1 understand that organizations and individuals that may be contacted include, but are not limited to, those listed below: • Social Security Administration • State Department of Revenue • Mortgage Holders • Department of Motor Vehicles • Employment Division(s) • Utility Companies • Workers' Compensation Disability Provider • Adult and Family Services Division •Landlords • Private Disability Insurance Provider • Private Life Insurance Provider • Past Employers • Release Assistance Office • Credit Card Holders • Credit Bureaus • Banks, Savings and Loans, Credit Unions (requesting savings, stocks, bonds, • Schools and Colleges checking, loan, and credit information including copies of applications) • OT}IEA Specifically, by signing the releases below, I authorize the court or its designee to directly contact my current employers) by telephone or in writing and to release and utilize my address as needed by the court or its designee. WE SM" TUBE OFAPFUCAMr Name Social Security No. Date of Birth RELEASE OF INFORMATION AUTHORIZATION Verification Office Deschutes County Courthouse 1100 NW Bond Bend, OR 97701 I understand that my records may have information that is protected by federal and state law. By signing below, I am allowing the release of my records directly to the court or its designee named above. I understand the reason for the request and disclosure of my records. I understand that this release remains in effect for three months unless revoked by me in writing. A photocopy or facsimile (FAX) of my signature is as valid as the original. wM $XVMV-M0FAPMJ0AW EMPLOYMENT DIVISION RELEASE OF INFORMATION AUTHORIZATION Name Social Security No. Date of Birth Verification Office Deschutes County Courthouse 1100 NW Bond Bend, OR 97701 I authorize the Employment Division, State of Oregon, to release to the courtor its designee named above, information from my records on file with the Employment Division. I understand that this authorization will be in effect until cancelled in writing by me. IDEF-10o:tor92 a4TE SXPM TVAE OFAPPLIOM?