1996-15182-Ordinance No. 96-025 Recorded 4/25/199696-15182 015-1-1AZ3
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
Adopting Title 1, Section 1.16.035,
Infraction procedures - Statutory provisions
adopted, of the Deschutes County Code,
and declaring an emergency.
ORDINANCE NO. 96-025
R �'IBM
LEG, L 010M,1SEL
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
WHEREAS, Deschutes County has numerous properties within its border which are
a nuisance as defined under the county code due to the accumulation of solid waste,
dangerous buildings on premises, and other health and safety violations;
WHEREAS, county officials must be able to enter land to inspect for health and
safety violations when permission from the landowner is not obtainable; and
WHEREAS, the county proposes to adopt those provisions of state law allowing for
search warrants to be issued, which will permit county officials to legally enter land to do
necessary inspections for health and safety violations.
Section 1. Amendment. Section 1.16.030, of Title 1, SEARCH WARRANTS -
STATUTORY, PROVISIONS ADOPTED of the Deschutes County Code is adopted to
read as described in Exhibit "A," attached hereto and by this reference incorporated herein.
Section 2. Emergency. This ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared to exist, and
this ordinance takes effect on its passage.
Section 3. Codification. County Legal Counsel shall have the authority to format
the provisions contained herein in a manner that will integrate them into the County Code
consistent with the Deschutes County Form and Style Manual for Board Documents. Such
codification shall include the authority to make such changes, to make changes in
numbering systems and to make such numbering changes consistent with interrelated code
sections. In addition, as part of codification of these ordinances, County Legal Counsel may
insert appropriate legislative history reference. Any legislative history references included
PAGE 1 - ORDINANCE NO. 96-025 (4/24/96)
tJICROF���
0154-1424
herein are not adopted as part of the substance of this ordinance, but are included for
administrative convenience and as a reference. They may be changed to correct errors and
to conform to proper style without action of the Board of County Commissioners.
DATED this Ail day of April, 1996.
BOARD OF COUNTY COMMISSIONERS
Off' DESCHUTES COUNTY, OREGON
-j
ATTEST: BARB . SLAUGHTER, Commissioner
Recording Secretary R ERT L. NIPPER, Commissioner
PAGE 2 - ORDINANCE NO. 96-025 (4/24/96)
Exhibit A
1.16.035. Search Warrants Statutory
Provisions Adopted.
A) The definitionof "offense- as
set forth in Oregon Revised Statute
161.505 is adopted: An offense is
conduct for which a sentence to a term of
imprisonment or to a fine is provided by
any law of this state or by any law or
ordinance of a political subdivision of this
state. An offense is either a crime or a
violation or an infraction.
B) Oregon Revised Statute
133.535 (3), which allows for property that
has been used, or is possessed for the
purpose of being used, to commit or
conceal the commission of an offense to
be the subject of search and seizure is
adopted hereby by reference.
Q The procedure established
for obtaining search warrants as set forth
in Oregon Revised Statute 133.545
through 133.703 is adopted hereby by
reference.
[96-025]