1997-36165-Ordinance No. 97-058 Recorded 9/25/1997REVIEWED
v"IEWED AS TO FORM
97-361642;
"'VI EW COMM. 0163-04 �
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
J
An Ordinance Adding Deschutes County 9 7 25 37
Code Section 1.16.045, Private Right of Action. '7
ORDINANCENO. 97-058
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. ADDING. Deschutes County Code Chapter 1.16, Code Violations and
Enforcement, is amended by the addition of a new section as set forth in Exhibit "A," attached
hereto and by this reference incorporated herein.
Section 2. EFFECTIVE DATE. This ordinance takes effect on December 23, 1997.
DATED this 24' day of September, 1997.
ATTEST:
Recording Secretary
PAGE 1 of 1 - ORDINANCENO. 97-058 (9/24/97)
BO RD OF COUNTY COMMISSIONERS
OF ESCHUTES COUNTY OREGON
NANCY PQPASCHJ[ANGEN, Chair
N
r'-jL-/MMX
LINbAA L. SWEARINGEN, Commissioner
KEYPq N 'EC
771 Or%, T 1997
0=0259
EXHIBIT "A" 163
1.16.045. Private right of action.
A. Any person, whether acting as principal,
agent or employee, whose interest is or may be
affected by any violation of a Deschutes County
ordinance may, in addition to the other remedies
provided by law, file an infraction complaint in
the following manner:
1. The private citizen shall prepare and
present the infraction complaint to the
appropriate enforcement officer. If the
enforcement officer fails to act upon the
infraction complaint within 30 days, the citizen
may submit the infraction complaint to Deschutes
County Legal Counsel (legal counsel). Legal
counsel shall investigate the alleged violation of a
county ordinance and, after consultation with the
appropriate department head, shall either (1) have
the infraction complaint served and prosecute, or
(2) decline to have the infraction complaint
served or to prosecute. Legal counsel shall notify
the private citizen of said action within ten days
from the date the infraction complaint is
presented to legal counsel.
2. The private citizen, following notice by
legal counsel of legal counsel's decision not to
prosecute, may, within 60 days of such notice,
bring an action under the authority granted by
chapter 1.16 of Title I and this section, in the
citizen's name against the alleged violator in the
same manner and form as provided by a civil
infraction complaint. Should the private citizen
prevail against the violator, any fine imposed and
special costs shall be awarded to the plaintiff
private citizen.
B. A decision by legal counsel not to
prosecute a zoning ordinance violation shall not
be deemed to constitute a land use decision.
(Ord. 97-058 § 1, 1997)
PAGE 1 OF I - EXHIBIT "A" TO ORDINANCE 97-058 (9/24/97)