1996-40495-Ordinance No. 96-074 Recorded 11/1/19960155-29 '7
9F-�0• y5 LEGAL COUNSE_
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
OG n^= 1-7 V 0: 1� �
Amending Chapter 12.48, Local
Improvements, of the Deschutes * U
County Code and Declaring an * r3 n ii 7r
Emergency.
ORDINANCE NO. 96-074
WHEREAS, ORS 371.610 authorizes a county governing body to enact
its own ordinances to authorize the use of assessments to finance local
improvements and provide a procedure for levying such assessments; and
WHEREAS, use of assessments to finance local improvements and
providing procedures for levying such assessments is a matter of county
concern under ORS 203.035; and
WHEREAS, the Board of County Commissioners previously adopted
Ordinance No. 94-025 adding Chapter 12.48, "Local Improvements," to the
Deschutes County Code in order to provide for local improvement
projects in a manner that is in compliance with Section llb, Article XI
of the Oregon Constitution and its implementing statutes; and
WHEREAS, the Board wishes to amend said Chapter 12.48 to provide
better information regarding community support and financial
feasibility of proposed local improvements before the Board orders the
formation of local improvement districts; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Chapter 12.48, Local Improvements, of the
Deschutes County Code is amended to read as described in Exhibit A,
attached hereto and by this reference incorporated herein, with new
language set out in Redline and language to be deleted in Strikeout.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance is adjudged to be invalid by a court of competent
jurisdiction, that decision shall not affect the validity of the
remaining portions of this ordinance.
Section 3. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such changes, to make changes in
numbering systems and to make such numbering changesti.,..ponsistent with
interrelated code sections. In addition, as part- ,of `C . 1,ication of
these ordinances, County Legal Counsel may Ikfijext ,appropriate
PAGE 1 - ORDINANCE NO. 96-074 (10-16-96)
AV 2 2 w6
?155-2888
legislative history reference. Any legislative history references
included herein are not adopted as part of the substance of this
ordinance, but are included for administrative convenience and as a
reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
Section 4. Effect on Completed Petitions, Existing Local
Improvement Districts, Existing Assessments and Pending Assessment
Proceedings. Any filing fee adopted pursuant to authority established
in this Ordinance shall not apply to any petition meeting the previous
requirements of Chapter 12.48 amended by this Ordinance if all required
signatures were gathered prior to the effective date hereof. All other
provisions of this Ordinance shall govern further proceedings for local
improvements initiated by such petitions. Nothing contained herein
shall affect the validity of any local improvement ordered prior to the
effective date of this Ordinance and all existing assessments for local
improvements shall continue to be valid. Nothing in this Ordinance
shall affect any pending proceeding to authorize local improvements and
to assess properties therefore, nor shall any pending enforcement
proceeding be affected.
Section 5. Emergency. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on its
passage.
DATED this 16th day of October, 1996.
ATTEST:
Recording SecretAry
BOPD OF COUNTY COMMISSIONERS
rESCHUTFX5,,COUNTV,OF OREGON
NANCY POPP 8CO)�ANGEN, Chair
U
BARRY SLAUGHTER, Commissioner
ROB T L. NIPPER, ssioner
PAGE 2 - ORDINANCE NO. 96-074 (10-16-96)
01552889
Chapter 12.48. LOCAL IMPROVEMENTS
12.48.010.
Purpose.
s6i`:,'....`f[#i::;:.:;:Ei
ir: iiiii:•ki;i::ii::::>$yyii::
12.48.020.
Applicability.
............n.....v......
...............
12.48.030.
Relationship to state law.
12.48.170.
: ,':.
12.48.040.
Definitions.
I:## Determination to
12.48.041.
Definition -Actual cost.
proceed with LID formation -
12.48.042.
Definition -Assessment for
Filing of objections.
local improvement.
12.48.180.
Notice contents.
12.48.046.
Definition -Board.
12.48.190.
Mailing of notice.
12.48.051.
Definition -Capital
12.48.200.
Board order for
construction.
improvement -Recording -
12.48.056.
Definition -Engineer.
Vacation of order.
12.48.061.
Definition -Estimated
12.48.210.
Recording order with County
assessment.
Clerk.
12.48.066.
Definition -Final assessment.
12.48.220.
Engineer to compile local
12.48.071.
Definition -Financing.
improvement actual
12.48.076.
Definition -Local
cost -Source of payment -
improvement.
Reimbursement of
12.48.081.
Definition -Owner.
source -Additional work.
12.48.086.
Definition -Road, county road
12.48.230.
Allocation of costs of
and public road.
sidewalk or curb construction
12.48.091.
Definition -Structure.
and other improvements.
12.48.096.
Definition -Undeveloped land.
12.48.240.
Engineer to ascertain
12.48.101.
Definition -Value.
assessment -Hearing on
12.48.110.
Petition or resolution for
objections -Board order.
improvement of roads in
12.48.250.
Recording of final assessment
unincorporated areas.
Lien.
12.48.120.
Signers of petition and
12.48.260.
When assessment due,
objection in event of
payable and
cotenancies.
delinquent -Interest -By whom
12.48.130.
Designation.
collected.
12.48.140.
Filing fees.
12.48.270.
Errors in assessment
12.48.150.
calculation or determination.
estimation of eest of Ines'
12.48.275.
Reinstatement of liens
impro*ement; assessment by
released in error.
engineeA
12.48.280.
Deficit assessments or
...'
refunds when initial
±k1ti#i :::::.:::::: :
assessment based on
fi iP""EgEIR :::::#
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estimated cost.
1?1
12.48.290.
Rebates.
12.48300.
Curative provisions.
12.48.160.
Description of real
12.48310.
Remedies.
property -Effect of error in
12.48320.
Collection.
name of owner.
12.48330.
Minimum requirements for
,.::....
ijpi#iiii
local improvements involving
g
!...........
undeveloped land.
Li}}}}iilii}iii:{L:iii:vf:•iii".i;L:::•:•ii'::.'+:::::: •:::
i'�tir#e
12.48340.
Interim security.
PAGE 1 - EXHIBIT A TO ORDINANCE NO. 96-074
12.48.010. Purpose.
The purpose of this chapter is to
implement the authority granted by the
Oregon Revised Statutes to create local
improvement districts to construct local
improvements, as that term is defined herein,
that are to be financed wholly or in part by
special assessment against benefitted property
and to provide a procedure for levying,
collecting and enforcing payment of such
special assessments. (Ord. 94-025 § 1, 1994)
12.48.020. Applicability.
This chapter shall apply to local
improvements located in unincorporated areas
of the county. (Ord. 94-025 § 1, 1994)
12.48.030. Relationship to state law.
A. The procedures for making
local improvements, as that term is defined
herein, shall be those set forth in this chapter,
which procedures are adapted from Oregon
Revised Statutes chapter 371. Where there is
a conflict between Oregon Revised Statutes
chapter 371 and the provisions contained
herein, the provisions of this chapter shall
prevail.
B. In addition to the provisions of
this chapter, the following state statutes shall
apply to the assessment of properties for local
improvements: Oregon Revised Statutes
223.205 and 223.210 to 223.295; Oregon
Revised Statutes 223.405 to 223.485; Oregon
Revised Statutes 223.505 through 223.650;
Oregon Revised Statutes 223.770; Oregon
Revised Statutes 287.502 to 287.515 and
Oregon Revised Statutes 288.765. If there is
a conflict between the statutes listed in this
subsection and this chapter, the provisions of
this chapter shall prevail.
C. When officials of cities are
referred to in the statutes listed in subsection
(B) of this section, the corresponding officials
of Deschutes County shall perform the
required functions. The duties required of the
governing body of a city under those statutes
shall be performed by the board. (Ord. 94-025
§ 1, 1994)
0155-2890
12.48.040. Definitions.
As used in this chapter, unless the
context requires otherwise the words and
phrases are defined as set forth in
12.48.041-101. (Ord. 94-025 § 1, 1994)
12.48.041. Definition -Actual cost.
"Actual cost" means all direct or
indirect costs incurred by the county to deliver
goods or provide services or undertake a
capital construction project. The "actual cost"
of providing services to a property or property
owner includes the average cost or an
allocated portion of the total amount of the
actual cost whether stated as a minimum,
fixed or variable amount. "Actual cost"
includes, but is not limited to the cost of
labor, materials, supplies, equipment rental,
property acquisition, permits, engineering,
financing, legal, administration, depreciation,
amortization, reserve for delinquencies or
defaults, debt service and any other item
allowed by law. Administrative expenses
include those incurred in preparation for
formation of a local improvement district such
as meeting with property owners, preparing
and processing the feasibility report, providing
notice and conducting hearings. (Ord. 94-025
§ 1, 1994)
12.48.042. Definition -Assessment for
local improvement.
"Assessment for local improvement"
means any fee, charge or assessment that does
not exceed the actual cost incurred by the
county for a local improvement. (Ord. 94-025
§ 1, 1994)
12.48.046. Definition -Board.
"Board" means the Board of County
Commissioners for Deschutes County,
Oregon. (Ord. 94-025 § 1, 1994)
12.48.051. Definition -Capital
construction.
"Capital construction" means the
construction, modification, replacement,
repair, remodeling or renovation of a structure
PAGE 2 - EXIIIBIT A TO ORDINANCE NO. 96-074
or addition to a structure, which is expected to
have a useful life of more than one year, and
includes, but is not limited to:
A. Acquisition of land, or a legal
interest in land, in conjunction with the capital
construction of a structure.
B. Acquisition, installation of
machinery or equipment, furnishings or
materials which will become an integral part
of a structure.
C. Activities related to the capital
construction such as planning, design,
acquisition of interim or permanent financing,
research, land use and environmental impact
studies, acquisition of permits or licenses or
other services connected with the construction.
D. Acquisition of existing
structures, or legal interests in structures, in
conjunction with capital construction. (Ord.
94-025 § 1, 1994)
12.48.056. Definition -Engineer.
"Engineer" means the county engineer,
roadmaster, surveyor or other engineer
selected by the county governing body. (Ord.
94-025 § 1, 1994)
12.48.061. Definition -Estimated
assessment.
A. "Estimated assessment" means,
with respect to each property to be assessed in
connection with a local improvement, the total
assessment that, at the time of giving notice of
the assessment and the right to object or
remonstrate, the board estimates will be levied
against the property following completion of
the local improvement. The estimate shall be
based on the board's estimate at that time of
the actual costs of the local improvement and
the proposed formula for apportioning the
actual costs to the property.
B. Estimated assessment shall be
determined by:
1. Excluding from estimated
actual costs the estimated financing costs
associated with any bonds issued to
accommodate the payment of the assessment
in installments; and
0155-2891
2. Including in estimated actual
costs the estimated financing costs associated
with interim financing of the local
improvement. (Ord. 94-025 § 1, 1994)
12.48.066. Definition -Final assessment.
"Final assessment" means, with respect
to each property to be assessed in connection
with a local improvement, the total assessment
levied against the property following
completion of the local improvement. The
total assessment shall be based on the actual
costs of the local improvement and the
formula for apportioning the actual costs to
the property. (Ord. 94-025 § 1, 1994)
12.48.071. Definition -Financing.
A. "Financing" means all costs
necessary or attributable to acquiring and
preserving interim or permanent financing of
a local improvement.
B. The costs of financing may
include the salaries, wages and benefits
payable to employees of the county to the
extent the same are reasonably allocable to
the work or services performed by the
employees in connection with the financing of
a local improvement or any part thereof.
However, as a condition of inclusion of any
salaries, wages or benefits payable to
employees of the county as financing costs of
a local improvement or any part thereof, the
county shall establish a record keeping system
to track the actual work done or services
performed by each employee on or in
connection with such local improvement.
C. Financing costs that are to be
incurred after the levy of a final assessment
may be included in the final assessment based
on the county's reasonable estimate of the
financing costs if the county first documents
the basis for the estimate and makes the
documentation available to interested persons
on request. (Ord. 94-025 § 1, 1994)
12.48.076. Definition -Local
improvement.
"Local improvement" means a capital
PAGE 3 - EXHIBIT A TO ORDINANCE NO. 96-074
construction project, or part thereof,
undertaken by the county under the authority
of this chapter financed by assessments upon
lots or parcels that have been benefitted by all
or a part of the local improvement:
A. Which provides a special
benefit only to specific properties or rectifies
a problem caused by specific properties;
B. The costs of which are assessed
against those properties in a single assessment
upon the completion of the project; and
C. For which the property owner
may elect to make payment of the assessment
plus appropriate interest over a period of at
least 10 years.
For purposes of this section, the status
of a capital construction project as a local
improvement is not affected by the accrual of
a general benefit to property other than the
property receiving the special benefit. (Ord.
94-025 § 1, 1994)
12.48.081. Definition -Owner.
"Owner" means a vendee under a
recorded land contract or if there is no such
contract, the holder of the record title, which
vendee or holder has a present interest equal
to or greater than a life estate. (Ord. 94-025 §
1, 1994)
12.48.086. Definition -Road, county road
and public road.
"Road," "county road" and "public
road" have the meanings given those terms in
Oregon Revised Statutes 368.001. (Ord.
94-025 § 1, 1994)
12.48.091. Definition -Structure.
"Structure" means any temporary or
permanent building or improvement to real
property of any kind, which is constructed on
or attached to real property, whether above,
or beneath the surface. (Ord. 94-025 § 1,
1994)
12.48.096. Definition -Undeveloped land.
"Undeveloped land" means a lot or
parcel with no improvements or with
0155-2892
improvements that constitute less than 25
percent of the land value. (Ord. 94-025 § 1,
1994)
12.48.101. Definition -Value.
"Value" means the real market value
of property or improvements, as shown by the
most recent valuation by the county assessor
or by evidence of recent sales of comparable
property in the same development. (Ord.
94-025 § 1, 1994)
12.48.110. Petition or resolution for
improvement of roads in
unincorporated areas.
A. Proceedings to cause any local
improvement to be made or constructed in an
unincorporated area may be initiated by the
board by resolution or by a petition signed by
not less than 69 percent of the owners of
the land representing not less than 69
percent of the land abutting on the proposed
local improvement and presented to the board
asking for the UwAl improvement.
B. The resolution or petition shall
indicate where the :1#
€:: >€`t proposed local
........................................................................
iMOP,
provement eve and describe the
nature of the leeal improvement desired.
(Ord. 96-074 § 1,1996; Ord. 94-025 § 1, 1994)
12.48.120. Signers of petition and
objection in event of
cotenancies.
In case of tenants by the entireties,
joint tenants or tenants in common, the parcel
of land is considered as having one owner,
which owner shall be deemed to have signed
the petition provided for in section 12.48.110
or the objection provided for in section
„SCA j only if every cotenant of
the parcel has signed. Signatories on behalf of
corporate owners must include a resolution of
the board demonstrating authority. (Ord. 96-
074 § 1, 1996; Ord. 94-025 § 1, 1994)
12.48.130. Designation.
The properties that are to be assessed
PAGE 4 - EXHIBIT A TO ORDINANCE NO. 96-074
for part or all of the cost of a public
improvement shall be included within the
boundaries of, and known together as a local
improvement district or LID. In addition, the
property on which the l
improvement is to be located and such other
incidental properties as necessary for a logical
boundary may be included. (Ord. 96-074 § 1,
1996; Ord. 94-025 § 1, 1994)
12.48.140. Filing fees.
The board may by resolution or order
adopt filing fees and deposit requirements for
petitions for local improvements.
12.48.150.
estimation of east at 'Apal
effient; assessment by
A. When # resolution is
adopted or petition 4 filed-A4dk-4, the
4155-2893
board shall refer the resolution or petition to
the engineer, who shall ifwestigate
aI fi d— a f: o(aie,, 12.48.150(B), the
Pf:E)je'Gt —AQ well as toGhHiGal &asmhty. The
e€€r-e and a" other e€fiee, as necessary. in
in—fier--ffiation as he doems nosgssafy— to
PAGE 5 - EXIIIBIT A TO ORDINANCE NO. 96-074
0155-2894
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PAGE 6 - EXHIBIT A TO ORDINANCE NO. 96-074
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0155-2894
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PAGE 6 - EXHIBIT A TO ORDINANCE NO. 96-074
..................Where the local improvement
petitioned .for includes the construction and
installation of lateral sewers, street mains or
similar facilities, a separate statement of the
estimated cost of and estimated assessment for
the construction and installation of lateral
sewers, street mains or similar facilities shall
be included. (Ord. 96-074 § 1, 1996; Ord.
94-025 § 1, 1994)
12.48.160. Description of real
property -Effect of error in
name of owner.
A. For the purposes of the
e#( and any
..
subsequent listing of properties as part of an
estimated or final assessment, the real
property to be assessed may be described by
giving the subdivision according to the United
States survey when coincident with the
boundaries thereof, or by lots, blocks and
addition names, by metes and bounds, or by
reference to the book and page of any public
record where the description may be found, so
that the description can be made certain.
B. If the property owner is
unknown, the land may be assessed to
"unknown owner," or "unknown owners." If
the property is correctly described, no final
assessment shall be invalidated by a mistake
or omission in the name of the owner. Where
the name of the true owner, or the owner of
record, or any parcel of real property is given,
the final assessment shall not be held invalid
on account of any error or irregularity in the
description if the description would be
sufficient in a deed or conveyance from the
owner, or is such that, in a suit to enforce a
contract to convey, employing such description
0155-2895
a court of equity would hold it to be good and
sufficient.
C. Any description of real
property that conforms substantially to the
requirements of this section shall be sufficient
in all proceedings relating to a final
assessment for a local improvement,
foreclosure and sale of delinquent
assessments, and in any other proceeding
relating to or connected with levying,
collecting and enforcing final assessments.
(Ord. 96-074 § 1,1996; Ord. 94-025 § 1, 1994)
PAGE 7 - EXHIBIT A TO ORDINANCE NO. 96-074
12.48.170. Engine " p
NOW -Determination to
proceed with LID
formation -Filing of
objections.
A. The ononeer- &hall forward his
f:epar-t to the h-e-aM for- GansideFation. The
heard may approve the report, media, the
FOPOA afid appr-OW it as modified; require
0155-2896
it shall enact an order creating and describing
the , declaring
its intention to make the local improvement,
providing the manner and method of carrying
out the improvement, setting a public hearing
on the improvement and directing that notice
be given of the public hearing. Written notice
containing the information set forth in section
2.- € Q of this chapter shall
thereupon be'- maled to the owner of each lot
or parcel to be assessed for the proposed leeg
improvement.
C. Owners shall have the right to
object to the further prosecution of the local
improvement either by filing with the board a
written objection within 20 days after the
mailing of the notice or by oral testimony at
the hearing, the date of which shall be not less
than 20 days after the date the notice was
mailed. (Ord. 96-074 § 1, 1996; Ord. 94-025
§ 1, 1994)
12.48.180. Notice contents.
The hearing notice shall contain the
following information:
A. A general description of the
proposed local improvement and of the lesal
weraefit dist1. The description
need not be by metes and bounds and shall be
such that an average person can determine
from it the general location of the property
and shall include a listing of the affected
parcels or lots.
B. A statement that '
pet€<i€ has been filed for
the proposed local improvement and that the
report is on file and subject to public
examination.
C. q4ie, rm6faated raest f the lacW
-faim n nrt d t4n amount of the estimated
hearing—on the improvement to hear
objections.
PAGE 8 - E=BIT A TO ORDINANCE NO. 96-074
Ef.. A statement explaining the
remonstrance process.
a statement that a single owner of more than
three lots or parcels to be assessed will be
required to furnish security in the amount of
110 percent of the estimated assessment for
each lot or parcel held by the owner in excess
of three lots or parcels. (Ord. 96-074 § 1,
1996; Ord. 94-025 § 1, 1994)
12.48.190. Mailing of notice.
Notice required to be sent to the
owner of a lot affected by a proposed
estimated or final assessment shall be
addressed to the owner or the agent of the
owner. If the address of the owner or of the
agent of the owner is unknown, the notice
shall be addressed to the owner or the agent
of the owner at the address where the
property is located. Any mistake, error,
omission, or failure with respect to the mailing
shall not be jurisdictional or invalidate the
assessment proceedings, but there shall be no
foreclosure or legal action to collect until
notice has been given by personal service
upon the property owner, or, if personal
service cannot be had, then by publication
once a week for two successive weeks in a
newspaper designated by the board and having
general circulation in Deschutes County. (Ord.
94-025 § 1, 1994)
12.48.200. Board order for
improvement -Recording -
Vacation of order.
A. At the time of the public
hearing, the board shall hear any testimony on
the proposed local improvement and may
continue the hearing as it deems necessary. If
objections are received by the board signed by
more than 50 percent of the owners of land
representing more than 50 percent of the total
amount of the estimated assessment for the
proposed local improvement, the proposed
local improvement shall, by order of the
board, be declared abandoned and no new
0155-2891
petition may be filed and no new resolution
may be adopted for the local improvement
within a period of one year after the date of
the order, unless the board exercises its
discretion under subsection (C) to modify the
proposal in response to the testimony and
objections.
B. If following the hearing the
board determines that the proposed local
improvement should be made and the number
of objections mentioned in this section has not
been received, the board may at its discretion,
by order describing the land to be assessed,
direct the local improvement to be made by
contract or by force account. If by contract, it
shall be awarded in the same manner as
provided for other contracted county road
improvements.
C. Following the hearing, the
board may modify the proposed local
improvement, the estimated cost, the
assessment method or the estimated
assessments in response to information
received and objections raised, in which case
an additional hearing shall be noticed in
accordance with section 12.48.170 to 43 48:208
►4 of this chapter.The provision of
additional information to justify the chosen
methodology shall not trigger the
requirements of this subsection.
D. The board can suspend or
abandon proceeding with a local improvement
at any time up to letting contracts for
construction if it determines that the minimum
requirements of section 12.48.330(A) are not
being met or for any other reason.
E. Subject to subsection (C)
above, the Board may at its discretion and on
its own motion or at the request of interested
parties reopen a previously noticed public
hearing that has been closed upon the mailing
of notice to owners of property to be assessed
not less than 5 days prior to the reopening of
the hearing. (Ord. 96-074 § 1, 1996; Ord.
94-033 § 1, 1994; Ord. 94-025 § 1, 1994)
PAGE 9 - E=BIT A TO ORDINANCE NO. 96-074
12.48.210. Recording order with County
Clerk.
A. The board shall cause to be
filed in the appropriate lien records in the
County Clerk's office a copy of the order.
Filing of the order shall serve as notice that
upon completion of the local improvement
described in the order a lien in a fixed amount
representing each listed properties' equitable
share of the actual costs of the local
improvements will be imposed on each of the
listed properties.
B. If the proposed local
improvement described in the order of the
board is not commenced within two years
after the notice is recorded, the board may by
a new order vacate its former order for the
proposed local improvement. The board shall
record with the County Clerk the order
vacating the former order for the proposed
local improvement. Thereupon the land
described shall be free of the effect of the
former order. The County Clerk shall
endorse upon the new order the date of the
filing thereof, and shall record and index the
same in the lien record referred to in
subsection (A) of this section. (Ord. 94-025 §
1, 1994)
12.48.220. Engineer to compile local
improvement actual
cost -Source of
payment -Reimbursement of
source -Additional work.
A. After the local improvement
has been completed, inspected by the engineer
and accepted by the board, the engineer shall
compile the actual cost of the local
improvement. Where the local improvement
includes the construction and installation of
lateral sewers, street mains or similar facilities,
the engineer shall separately compile the total
cost of those local improvements.
B. Payment of the cost of the
local improvement other than for the
construction and installation of lateral sewers
and street mains or similar facilities shall be
made from the general road funds, from any
0155-2898
funds available for the construction or
improvement of county roads or from
revenues available from interim financing
methods authorized by law. Payment of the
cost of the construction and installation of
lateral sewers and street mains or similar
facilities shall be made from any funds
available to the county for such improvements.
C. The funds expended for the
local improvement shall be reimbursed or the
local improvement warrants shall be retired to
the extent of the proceeds of an assessment
against the land benefitted by the local
improvement, but no estimated or final
assessment shall be made against any
operating railroad right of way without the
consent of the owner thereof. The final
assessment shall assess each landowner a
portion of the cost of the local improvement
corresponding to the relative benefit to the
land of the landowner from the local
improvement.
D. All of the costs of
improvements within intersections connected
with any local improvement under this chapter
may be borne by the county.
E. Unless notified to the contrary
by the owner prior to the acceptance of bids
for local improvements under this chapter, an
existing driveway shall be reconstructed to the
property line to conform with the new grade.
Additional driveways or other road
connections, including retaining walls, may be
constructed simultaneously with the local
improvements when a written request is filed
with the board prior to the acceptance of bids
by the affected abutting landowners. The cost
of the driveway and all requested work shall
be charged to the abutting owner and added
to the final assessment against the land of the
owner. (Ord. 94-025 § 1, 1994)
12.48.230. Allocation of costs of
sidewalk or curb construction
and other improvements.
Notwithstanding any provision to the
contrary in this chapter, the cost of
construction of sidewalks under this chapter
PAGE 10 - EXHIBIT A TO ORDINANCE NO. 96-074
shall be assessed in proportion to the front
footage of the land or otherwise, as provided
in those sections, to the owners of land
abutting on the side of the street or road on
which the sidewalks are constructed and
fronting on such sidewalks. The cost of
construction of all other local improvements
under this chapter shall be assessed in the
manner provided in this chapter, to the
owners of land benefitted by the local
improvement. (Ord. 94-025 § 1, 1994)
12.48.240. Engineer to ascertain
assessment -Hearing on
objections -Board order.
A. The engineer shall ascertain
the amount of the final assessment against
each parcel of land assessed for the local
improvement and report the same to the
board.
B. The board by order shall
thereupon set the time and place for a hearing
of objections to the final assessments as fixed
in the report of the engineer.
C. Not less than ten days prior to
the date of the hearing, the board shall mail
to the owner of each property proposed to be
assessed, at the address of the owner as shown
on the petition or on the latest tax roll of the
county, a written notice of the time and place
for the hearing of objections and of the
amount of the proposed final assessment
against the land of the owner.
D. After hearing any written or
oral objections, the board shall by order,
listing and describing each property to be
assessed and listing and describing the
ownership of each such property, determine
from the evidence submitted the amount of
the final assessment against each individual
listed property. The order shall certify the
amount of the final assessment against each
listed individual property. In addition, the
order shall (1) specify the terms for
installment payments and, subject to section
12.48.260, the date that payments or
applications for installment payments are due;
(2) order in accordance with Oregon Revised
0155-2899
Statutes 223.210 that notice of the final
assessment be published; (3) order in
accordance with Oregon Revised Statutes
223.210 that the director of public works mail
to the owners of the assessed properties notice
of the final assessment and an application to
finance the local improvements; and (4) direct
that the list, excluding any property known to
be subject to bankruptcy proceedings, be filed
in the appropriate lien docket of the county.
(Ord. 94-025 § 1, 1994)
12.48.250. Recording of final assessment
Lien.
A. After passage of the order
determining the final assessments, the board
shall cause the list of assessed properties,
excluding any properties known to be subject
to bankruptcy proceedings, to be filed with the
County Clerk for entry in the appropriate lien
docket. The list shall include a statement of
the amounts assessed against each lot or
parcel, the name of the owners, the date of
the order levying the assessment and the date
on which payment or application for
installment payment is due. The County
Clerk shall endorse thereon the date of the
filing thereof and record and index it in the
county lien docket.
B. For properties known to be
subject to bankruptcy proceedings, the lien
may be imposed separately consistent with the
requirements of applicable bankruptcy law.
C. Upon such entry in the lien
docket, the final assessments and interest are
a lien upon the land against which the same
are assessed. Each lot or parcel is deemed to
be benefitted by the local improvement to the
full amount of the final assessment levied
thereon. The lien shall have priority over all
other liens and encumbrances whatsoever to
the fullest extent provided by law.
D. No transfer, sale or division of
any such lot or parcel, or change in the legal
description thereof, in any way divests the lien
from the original parcel and the whole
thereof. Failing to enter the name of the
owner or a mistake in the name of the owner
PAGE 11 - EXHIBIT A TO ORDINANCE NO. 96-074
does not in any way render void any estimated
or final assessment and does not in any way
affect the lien on the land described.
E. All payments shall be entered
in the lien docket and shall discharge the lien
to the amount of such payment. Upon
payment of the final assessment in full, the
board shall satisfy the same by a notation in
the lien docket referred to above, and the
parcel of land charged with such assessment is
thereby discharged from the lien. (Ord. 94-025
§ 1, 1994)
12.48.260. When assessment due,
payable and
delinquent -Interest -By whom
collected.
A. Except as provided in
subsection (B) of this section, 30 days after
the final assessment is certified, the entire
amount against each lot or parcel shall be due
and payable at the office designated by the
board; and if not so paid, shall be delinquent
from that date and shall bear interest at a rate
established by the board.
B. The owner of property assessed
under this chapter shall have the right to
apply for installment payment of the
assessment as provided in Oregon Revised
Statutes 223.210. Notwithstanding Oregon
Revised Statutes 223.210(2), unless otherwise
stated in the order of final assessment, the
time period for making application for
installment payments shall be within 30 days
after the publication of notice of assessment.
In no case shall the deadline for application
for installment payments be fewer than 10
days after the publication of notice of
assessment.
C. The provisions of Oregon
Revised Statutes 223.205 and 223.210 to
223.295 (Bancroft Bonding Act), 223.770
relating to the assessment of property
benefitted by public improvements and to the
issuance of bonds and other obligations for
the cost of the improvements, the provisions
of Oregon Revised Statutes 287.502 to 287.515
relating to the issuance of improvement
0155-2900
warrants by cities, and the provisions of
Oregon Revised Statutes 288.165 relating to
interim financing shall apply insofar as
practicable and applicable in relation to the
assessment by the county of the cost or any
portion of the cost of local improvements
against the property benefitted in accordance
with this chapter and to the issuance of bonds
and other obligations by the county.
However, notwithstanding the provisions of
Oregon Revised Statutes 223.295 issuing
bonds and other obligations under the
provisions of this section, a county may incur
indebtedness to an amount not exceeding
.0375 of the latest real market valuation of the
county.
D. Where, in Oregon Revised
Statutes 223.205 to 223.295, 223.770 and
287.502 to 287.515, officials of governmental
units or cities are referred to, the
corresponding officials of Deschutes County,
where applicable, shall perform the required
functions. The duties required of the common
council, board of trustees, or other governing
body of a city shall be performed as to this
section by the board. The duties required of
the auditor, clerk or other officer charged with
keeping the records of a city shall be
performed as to this section by the County
Clerk. The duties required of the mayor or
other executive head of a city shall be
performed as to this section by the chairman
of the board. The duties of the city treasurer
shall be performed as to this section by the
county treasurer. (Ord. 94-025 § 1, 1994)
12.48.270. Errors in assessment
calculation or determination.
If the county finds that there has been
an error in the calculation of the assessment
or in any other aspect of the certification of
the assessments, the board may amend the
order levying the assessments to correct such
errors; cause the necessary correction to be
made in the county lien docket; and send a
corrected notice of assessment by mail. (Ord.
94-025 § 1, 1994)
PAGE 12 - EXHIBIT A TO ORDINANCE NO. 96-074
12.48.275. Reinstatement of liens
released in error.
A. In the event that any lien for an
assessment for a local improvement that was
validly imposed under law is released in error,
the Board of County Commissioners shall
have the authority to order the reinstatement
of the lien.
B. An order reinstating such a lien
shall contain the following information: the
amount of the final assessment; a description
of the affected property; the owner of record
and the owner's address; and a statement that
upon filing with the County Clerk in the
appropriate lien docket, the lien for the
assessment shall be reinstated as a lien upon
the subject property.
C. The Board shall cause the order to
be filed with the County Clerk for entry in the
appropriate lien docket. The Clerk shall
cause a lien to be imposed on the subject
property in the same manner as prescribed in
Section 12.48.230 of this Chapter. The lien
shall have the same effect as a lien imposed
under Section 12.48.230 of this Chapter and
shall be treated as if it had never been
released.
D. The property owner shall receive
notice of the reinstatement of the lien, but
shall have no right to challenge such
reinstatement unless it can be shown that the
release was supported by payment in full of
the outstanding assessment amounts. (Ord. 95-
055 § 1, 1995)
12.48.280. Deficit assessments or
refunds when initial
assessment based on
estimated cost.
If it is found that the amount of the
assessment is insufficient to defray the
expenses of the local improvement, the board
may, by motion, declare such deficit and
declare a deficit assessment and shall mail
notice of the hearing to owners of the affected
property. After such hearing, the board shall
make an equitable deficit assessment, by
order, which shall be entered in the
0155-4901
appropriate county lien docket as provided by
this chapter; and notices of the deficit
assessment shall be mailed and the collection
of the assessment shall be made in accordance
with this chapter consistent with the collection
of the original assessment. (Ord. 94-025 § 1,
1994)
12.48.290. Rebates.
If for any reason the county collects
more than is due under this chapter or any
order of the board authorized herein, then the
board must ascertain and declare the same by
order; and when so declared, the excess
amounts must be entered on the lien docket
as a credit on the appropriate assessment. In
the event that the assessment has been paid,
the person who paid the same or his legal
representative, shall be entitled to the
repayment of such rebate credit, or portion
thereof, that exceeds the amount unpaid on
the original assessment. Notice of the rebate
shall be sent to the person who paid the
amount at the person's last address as shown
on the LID records of the county. If within
60 days the person cannot be located, payment
shall be made to the current owner of the
property from which overpayment arose
without recourse against the county by the
original payor. (Ord. 94-025 § 1, 1994)
12.48.300. Curative provisions.
No assessment shall be rendered
invalid by reason of a failure of the report to
contain all of the information required by this
chapter; or by reason of a failure to have all
of the information required to be in the order
authorizing improvement, the order levying
assessments, the lien docket or notices
required to be published or mailed; nor by the
failure to list the name of, or tax list of, or
mail notice to, the owner of any property as
required by this chapter; or by reason of any
other error, mistake, delay, omission,
irregularity, or other act, jurisdictional or
otherwise, in any of the proceedings or steps
herein specified, unless it appears that the
assessment is unjust in its effect upon the
PAGE 13 - EXHIBIT A TO ORDINANCE NO. 96-074
person complaining; and the board shall have
the power and authority to remedy and
correct all such matters by suitable action and
proceedings. (Ord. 94-025 § 1, 1994)
12.48.310. Remedies.
Actions of the board pursuant to this
chapter are subject to judicial review
exclusively by writ of review in accordance
with the procedures in Oregon Revised
Statutes 34.010 to 34.100. Review of an order
of the board directing that an improvement be
made or levying an assessment may be
commenced only by a property owner who has
filed a written remonstrance or objection or
who has remonstrated or objected in person at
a hearing before the board as provided in this
chapter. Failure to so remonstrate or object
shall constitute a waiver and failure to exhaust
administrative remedies. (Ord. 94-025 § 1,
1994)
12.48.320. Collection.
A. An assessment or installment
payment is delinquent from the date it is due
as ordered by the board or specified by the
treasurer. Delinquencies shall accrue interest
at a rate specified by the treasurer. If any
installment payment remains delinquent for a
period of one year, the entire outstanding
assessment amount shall then be accelerated
and become due along with any interest and
penalties.
B. If any installment on any lien
bonded as provided by law remains delinquent
for a period of one year from the time it
became due and payable, or at any time after
60 days from the time it became due and
payable if not bonded, the county may order
the initiation of foreclosure proceedings
against the affected property.
C. The order shall: (1) list the
person or persons in default and the
description of the property or properties on
which the sum or sums are owing; (2) state
the sums due, including principal, interest and
any late payment penalties or charges for each
property in default; (3) declare the entire
balance of the assesPW 5 K UMnd
payable at once; and (4) direct that all unpaid
assessments, interest and penalties be
collected in any manner provided by law.
D. Enforcement of assessment
liens and collection shall be carried out in
conformance with Oregon Revised Statutes
223.505 to 223.650. (Ord. 94-025 § 1, 1994)
12.48.330. Minimum requirements for
local improvements involving
undeveloped land.
A. Prior to approval of local
improvements specially benefitting properties
that are predominantly undeveloped, the
board shall subject to subsections (B) and (C)
of this section find that each of the
requirements listed in this subsection (A) has
been met or will be met prior to
commencement of construction:
1. The value of the land and
improvements for each of the lots or parcels
to be assessed, other than those held by public
agencies, exceeds the assessment by a ratio of
no less than 2:1;
2. Any lots or parcels requiring
conditional use approvals for dwellings in
residential subdivisions are subject to clear
and objective approval standards, and it can
be demonstrated that there is a reasonable
expectation that dwellings on such parcels can
be approved;
3. All services (electricity, water,
telephone, sewer, if applicable) have been
installed in the right of way adjacent to the lot
or parcel;
4. No lots or parcels to be
assessed are subject to land sale contracts or
are encumbered by a blanket mortgage, trust
deed or land sale contract;
5. Proof of payment of all current
and prior years' ad valorem taxes, interest and
penalties for 90 percent of the lots in the
development proposed to be assessed and 100
percent of the lots or parcels held by a
developer;
6. Security in accordance with
section 12.48.340 will be posted by the owner
PAGE 14 - EXHIBIT A TO ORDINANCE NO. 96-074
to cover 110 percent of the amount of the
estimated assessment for each lot or parcel in
excess of three lots or parcels held in single
ownership. For purposes of this subsection,
separate properties each held in the names of
separate spouses will be deemed to be held in
single ownership. In addition, properties held
in the name of a closely held corporation will
be deemed to be held in the name of the
principal shareholder. For purposes of this
section, the board retains the right to ignore
what it regards to be sham transactions the
purpose of which it finds to be to evade this
provision.
B. In addition, the county may
require submission of such additional
information as it deems necessary, such as but
not limited to, financial statements, credit
reports, title reports, etc., to evaluate the
financial viability of the project and the risk to
the county.
C. The board may at its discretion
allow for a variance from any of the standards
of this section if it determines, based upon the
totality of the circumstances surrounding the
LID, that risk to the county would not be
appreciably heightened by relaxation of the
standard in question.
D. In any event, notwithstanding
that the minimum standards of this section
have been met, the board may exercise its
discretion to refuse to proceed with the local
improvements if it concludes that the financial
risks to the county of proceeding are too
great. (Ord. 94-025 § 1, 1994)
12.48.340. Interim security.
A. Security required by section
12.48.330 shall take the form of cash or a
certificate of deposit deposited with the
county or an irrevocable letter of credit in a
form and issued by a financial institution
acceptable to the county for 110 percent of
the amount of the estimated assessment on
each lot or parcel subject to this requirement.
B. Such security shall be held for
the period between commencement of
construction until 90 days after the lien of the
0155-2903
final assessment attaches to the subject
property, unless the security is resorted to
under subsection (C) of this section or the
board abandons prosecution of the local
improvement.
C. The security shall serve as
collateral for the owner's ability to provide a
lien to the county at the completion of
construction of the local improvements. If the
posting party is not able to provide the county
with a lien due to the stay of bankruptcy at
the completion of construction of the local
improvements, the county may (1) find the
owner to be in breach and resort to the
security for payment of the final assessment;
or (2) use the security as collateral for
purposes of seeking relief from the stay of
bankruptcy so as to allow assessment of the
subject property or properties with the final
assessment for the local improvements.
D. The security and an agreement
reflecting the terms of this section shall be in
place prior to the awarding of contracts for
construction of the local improvement.
E. Cash deposited with the county
shall be deposited in an interest bearing
account, which interest shall be credited to the
owner.
F. To the extent that the security
offered is segregable, the security will be
released to the owner to reflect any reduction
by bona fide sale in the number of lots or
parcels held by the owner prior to
commencement of construction. (Ord. 94-025
§ 1, 1994)
[96-074.a]
PAGE 15 - EXHIBIT A TO ORDINANCE NO. 96-074