1999-961-Ordinance No. 99-027 Recorded 9/23/1999VOL: CJ1999 PAGE: 961
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ1999-961 * Vol -Page Printed: 10/14/1999 15:13:37
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Sep. 23, 1999; 9:45 a.m.
Ordinance (CJ)
NUMBER OF PAGES: 12
affai =1F - I
MARY SUE PENHOLLOW K H
DESCHUTES COUNTY CLERK �,� :.ED
_. A ,j 1999
REVIEWED TOF RM e11qqq_ 9k l REVIEWED
Code R 'ew Conunittee Legal Counsel
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC' = EDUAW90&GON
An Ordinance Amending Chapter 12.48, Local * MARY SUE P E NHOLLOW
Improvement Districts, of the Deschutes County * COUNTY CLERK
Code, and Declaring an Emergency.
ORDINANCE NO. 99-027
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1, AMENDMENT. Section 12.48.200, Board Order for Improvement -Recording -
Vacation of Order, is amended to read as set forth in Exhibit "A," attached hereto and by this reference
incorporated herein, with new language undcrlin
Section 2. AMENDMENT. Section 12.48.210, Recording Order with County Clerk, is
amended to read as set forth in Exhibit "B," attached hereto and by this reference incorporated herein, with
new language un erlined, and language to be deleted in sWwtkr<m .
Section 3, AMENDMENT. Section 12.48.240, Engineer to Ascertain Assessment -Hearing
on Objections -Board Order, is amended to read as set forth in Exhibit "C," attached hereto and by this
reference incorporated herein, with new language un erlined, and language to be deleted in strileedweu .
Section 4, AMENDMENT. Section 12.48.250, Recording of Final Assessment Lien, is
amended to read as set forth in Exhibit "D," attached hereto and by this reference incorporated herein, with
new language un erl, and language to be deleted in stAketlfrett .
Section 5. AMENDMENT. Section 12.48.270, Errors in Assessment Calculation or
Determination, is amended to read as set forth in Exhibit "E," attached hereto and by this reference
incorporated herein, with new language underlined.
Section 6, AMENDMENT. Section 12.48.275, Reinstatement of Liens Released in Error, is
amended to read as set forth in Exhibit "F," attached hereto and by this reference incorporated herein, with
new language underlined.
Section 7. AMENDMENT. Section 12.48.280, Deficit Assessments or Refunds when Initial
Assessment Based on Estimated Cost, is amended to read as set forth in Exhibit "G," attached hereto and
by this reference incorporated herein, with new language underlined.
Section 8. AMENDMENT. Section 12.48.290, Rebates, is amended to read as set forth in
Exhibit "H," attached hereto and by this reference incorporated herein, with new language underlined.
Section 9. AMENDMENT. Section 12.48.300, Curative Provisions, is amended to read as
set forth in Exhibit "I," attached hereto and by this reference incorporated herein, with new language
underlined,
Page 1 of 2 - ORDINANCE NO. 99-027 (9/22/99)
Section 1.0 AMENDMENT. Section 12.48.310, Remedies, is amended to read as set forth in
Exhibit "J," attached hereto and by this reference incorporated herein, with new language underlined.
Section 11. EMERGENCY. This ordinance being necessary for the immediate preservation of
the public peace, �ealth.and safety, an emogoncy is declared to exist, and the this ordinance takes effect on
this passage.
DATED this %day of September, 1999.
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
JA L. SWEARINGEN, Chair
ST: T. N. DEWOLF, Con�im9sioner
Lk""ide�
Recording Secretary DENNIS R. LUKE, Commissioner
Page 2 of 2 - ORDINANCE NO. 99-027 (9/22/99)
Exhibit "A"
12.48.200. Board order or Resolution for
improvement -Recording -Vacation
of order or resolution.
A. At the time of the public hearing, th; ,board
shall hear `arty testimony od 'the' 0&p6sed . .
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 4I
resolution of the board, be declared
abandoned and no new 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) of this section 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 or resolution 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 12.48.190 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 subsection 12.48.330(A) of this chapter are
not being met or for any other reason.
E. , Subject to subsection (C) of this section
abeve, the Bboard 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. 99-027 § 1, 1999; Ord. 96-074 § 1, 1996;
Ord. 94-033 § 1, 1994; Ord. 94-025 § 1, 1994)
Page l of 1 — EXHIBIT "A" TO ORDINANCE NO. 99-027 (9-22-99)
Exhibit "B"
12.48.210. Recording order or resolution
with County Clerk.
A. The board shall cause the Finance Director or
his delMate to file be filed in the appmpr;w
lien -Feeerds-fin with the County Clerk's office
a notice of intent to lien, signed by the
Finance Director or his delegate, for each
property on the list eepy e€the erg for entry
in the annrgpriate lien docket A notice of
intent to lien shall include at a minimum a
description of the property, the owner's
name, a reference to the order or resolution of
the board ordering, that the improvements be
made and the amount of the estimated
assessment, along with a statement that upon
completion of the improvements, a lien for
the amount of the final assessment will be
imposed upon the propM. The Clerk shall
thereupon record and index the notice of
intent to lien in the agpropriate lien docket.
filing Recording of a notice of intent to lien
and docketing it in the appropriate lien docket
erdef shall serve as notice that upon
completion of the local improvement
described in the order or resolution. 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 or resolutiQn of the board is not
commenced within two years after the notice
is recorded, the board may by a new ordero_r
resolution vacate its ° former order 4I•
resolution for the proposed local
improvement. The board shall record with
the County Clerk the order or resolution
vacating the former order or resolution for the
proposed local improvement. Thereupon the
land described shall be free of the effect of
the former order orresolution: The County
Clerk shall endorse upon the new order Q-
resolution 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. 99-027 § 2, 1999, Ord. 94-025 § 1, 1994)
Page 1 of l EXHIBIT "B" TO ORDINANCE NO. 99-027 (9/22/99)
Exhibit "C"
subject to bankruptcy proceedings, be filed in
12.48.240. Engineer to ascertain the appropriate form and -in&e
assessment-Hearing on objections- (5) direct that the
Board order or resolution. Clerk record the liens and enter them in the
A. The engineer shall ascertain the amount of gpprop :ate lien docket of the county.
the final assessment against each parcel of (Ord. 99-027 § 3, 1999; Ord. 94-025 § 1, 1994)
land assessed for the local improvement and
report the same to the board.
B. The board by order or resolution 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 thO 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 or resolution, 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 or resolution shall certify
the amount of the final assessment against
each listed individual property. In addition,
the order or resole 3t on 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 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 Finance
Director or his delegate rause to be filed with
the County Clerk individual lien claims for
the assessme!* lgWng the pEgqcWes on the
list, excluding any property known to be
Page 1. of I - EXHIBIT "C" TO ORDINANCE NO. 99-027 (9/22/99)
Exhibit "D"
12.48.250. Recording of final assessment
Lien.
A. After passage of I the order or resolution
determining the final assessments, the beard
the- Geuwy--ElerlE Finance Director or his
delegate shall for each property on the list of
assessments certified by the board file with
the Clerk a claim of lien. signed by the
Finance Director 41. his delegate. reflecting
the information set forth in the list of
assessments certified by the board for entry in
the appropriate lien docket. The list claim of
lien shall include a statement of the amounts
assessed against each lot or parcel, the name
of the owners, the date of the order Qr
resolution 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 an
appropriate the county lien docket.
B. For properties known to be subject to
bankruptcy proceedings, the lien may be
imposed filed 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 benefited
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 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 beard Finance
Director or his delegate shall satisfy the same
by filing with the County Clerk a satisfaction.
The clerk shall record the satisfaction a
netati in the lien docket referred to above,
and the parcel of land charged with such
assessment is shall be thereby discharged
from the lien.
(Ord. 99-027 § 4, 1999; Ord. 94-025 § 1, 1994)
Page 1 of 1 - EXHIBIT "D" TO ORDINANCE NO. 99-027 (9/22/99)
Exhibit "E"
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 or resolution 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. 99-027 § 5, 1999; Ord 94-025 § 1, 1994)
Page 1. of 1 - EXHIBIT `B" TO ORDINANCE NO. 99-027 (9/22/99)
Exhibit "F"
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 or resolution 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 and
recording 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 or resolution
to be filed with the County Clerk for
recording and 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. 99-027 § 6, 1999; Ord. 95-055 § 1, 1995)
Page 1. of 1 — EXHIBIT "F" TO ORDINANCE NO. 99-027 (9/22/99)
Exhibit "G"
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 or resolution, which shall be entered an
recorded in the 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. 99-027 § 7, 1999; Ord. 94-025 § 1, 1994)
Page 1 of 1 — EXHIBIT "G" TO ORDINANCE NO. 99-027 (9/22/99)
Exhibit "H"
12.48.290. Rebates.
If for any reason the county collects more than is
due under this chapter or any order or resolution
of the board authorized herein, then the board
must ascertain and declare the same by order Qr
resolution; 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 crMt, 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 the property from which'
overpayment arose without recourse against the
county by the original payor.
(Ord. 99-027 § 8, 1999; Ord. 94-025 § 1, 1994)
Page l of 1 — EXHIBIT "H" TO ORDINANCE NO. 99-027 (9/22/99)
Exhibit "I"
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 i in the order or resolution
authorizing improvement, the order or resolution
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 person complaining; and the board shall
have the power and authority to remedy and
correct all such matters by suitable action and
proceedings.
(Ord. 99-027 § 9,! 1999; Ord. 94-025 § 1, 1994)
Page I of 1 — EXHIBIT "I" TO ORDINANCE NO. 99-027 (9/22/99)
Exhibit "J"
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 or resolution 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. 99-027 § 10,1999; Ord. 94-025 § 1, 1994)
Page 1. of 1 — EXHIBIT "J" TO ORDINANCE NO. 99-027 (9/22/99)