1996-43970-Order No. 96-140 Recorded 11/29/1996REVIEWED
. (3100.0471
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Rescinding Order 96-085 *'•�
ORDER NO. 96-140
WHEREAS, the Board of County Commissioners adopted Order No. 96-
085 as a standing order under DCC 22.32.035(A) to finalize a certain
class of Hearings Officer's decisions to allow revision of the County's
land use procedures ordinance to avoid 120 -day violations; and
WHEREAS, the County is set to adopt changes in the near future to
Title 22 to enable the County to meet the 120 -day time limit, making
the standing order adopted as Order No. 96-085 unnecessary; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That Order 96-085, attached hereto as Exhibit A, is
hereby rescinded as to all land use applications which as of the date
of this order are not final under Title 22 or Order 96-085. Order 96-
085 shall remain in effect as to all land use decisions deemed final
under its terms.
DATED this o�'7 day of November, 1996.
ATTE
Recording Secretar
1 - ORDER NO. 96.140
BOARD OF COUNTY COMMISSIONERS
SCHUTES ,QOUNTY, 0 EGON
NANCY 0 E S G N, Chair
BARB. SLAUGH ER, ommissioner
ROSERT L. NIPPER, CoRlmissioner
OF
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
In the Matter of Describing a Class of
Appeals of Land Use Applications on
which the Board of County Commissioners
Declines Review and Setting an Effective
Date.
ORDER NO. 96-085
RCV ICVV CU
1..1 d
DESCHUTE
11156-04t f
WHEREAS, the Board of County Cw=issioners has authority under DCC
22.32.035 to decline review of appeals of land use actions, either on
a case-by-case basis or categorically by standing order; and
WHEREAS, the Board has determined that it does not wish to violate
ORS 215.428 and therefore should categorically by standing order
decline to hear on appeal cases that are close to the 120 -day deadline
imposed by ORS 215.428; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, ORE(=,
ORDERS as follows:
1. Hearing Officer Decision Final as to Certain Class of Cased.
That pursuant to DCC 22.32.035(A), the Hearings Officer's decision
shall be the final decision of the County for that class of land use
Permit applications for which:
(a) No notice of appeal of the decision of the Hearings Officer
has been received by the County prior to the 100th day after the date
an application for a land use permit was deemed complete; and
(b) Prior to the effective date of this order, or prior to the
100th day after the date an application for a land use permit aloes
deemed complete, an applicant has not unconditionally notified the
County in writing that the 120 -day time period set forth in ORS
215.428(1) does not apply to the County's consideration of tate
application.
Accordingly, the Board of County Commissioners shall not consider
the notice of appeal of any land use action decision for the above
class of cases, because the Hearing Officer decision constitutes the
final decision of the County.
2. Standing Order. That pursuant to DCC 22.32.035(A) this order
shall, until it is rescinded, constitute a standing order applicable to
all land use permit applications described in Section 1.
3. Effective Date and Applicability. That this order shall take
effect at 5:00 PM on August 15, 1996 and as to pending applications
shall apply to all pending applications that fall within the class of
cases described in Section 1 of this order, including cases in which a
decision has been rendered by the Hearing Officer and as to which as of
1 - ORDER NO. 96-085
EXHIBIT
Page
('156-04 i
this date a decision has not yet otherwise become final. This order
shall not apply to any application appealed to the Board on which the
Board has already accepted review.
4. Notice. That for so long as this order is in effect the
Planning Director is ordered to provide a copy of this notice to the
following:
(a) On this date to the parties involved in applications which as
of this date fall within the class of cases described herein;
(b) To the parties involved in such applications on the date such
applications become an application described by this order; and
(c) To all new applicants for a permit at the time their
application is submitted to the County.
S. Order Effective until Rescinded. That this order shall rem++*+
in effect until rescinded by order of the Board of County
Commissioners.
DATED this 14th day of August, 1996.
OF COUNTY
, OREGON
ATTEST: BARRY SLAUGHTER, Com®iseloner
Recording Secretary RO RT L. NIPPER, ComWASSioner
2 - ORDER NO. 96-085
EXHIBIT...
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