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45-420-Ordinance No. 82-12 Recorded 12/29/1982~V ~r4 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Establishing An Infraction Procedure for Violation of County Ordin- ances; Amending Certain Ordinances; Providing a Schedule of Fines for Viola- tion of County Ordinances; Providing For Enforcement; Declaring an Emergency, and Providing an Effective Date. DEC 2 9 Igg2 * R®SE * DESCH T SRCO~ T T ERSON Nrr clok ORDINANCE NO. 82-012 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Establishment and Purpose. A. A procedure to handle violations of Deschutes County ordinances as infractions, subject to the provisions set forth below, is hereby established. B. An infraction procedure has been established for the purpose of de-criminalizing penalties for violations of certain ordinances and for the purpose of providing a convenient and practical forum for the hearing and determination of cases arising out of the violation. Section 2. Definitions. For the purpose of this Ordinance, the following definitions apply. A. General. Except where the context clearly indicates a different meaning, the general definitions and the definitions appearing in the definitional and other sections of particular chapters of the Oregon Revised Statutes, as they now exist, shall be applicable throughout this Ordinance, unless the County ordin- ance upon which a complaint is filed defines the term, in which case the definition in the County ordinance shall prevail. B. County Infraction. An offense against the County in the form of a violation of one of the County ordinances or section thereof constitutes an infraction and shall be handled in accord- ance with the procedures established by this Ordinance. C. Administrative Law Judge. The term "Administrative Law Judge" means the Hearings Officer appointed by the governing body of the County. 1 - ORDINANCE NO. 82-012 45, D. Fine; Fine Schedule. The penalty to be imposed for an infraction is a fine or other civil penalty. The appropriate fine shall be determined by reference to the fine schedule in Section 22. E. Person. The term "person" as used in this ordinance shall be construed to include any person, firm, partnership, corporation or association of persons. F. Officer. The term "officer" as used in this Ordinance means any County employee authorized by the Administrative Law Judge to issue summons and complaints and stop work or use tags. Section 3. Application and Amendment. The infraction pro- cedure prescribed by this ordinance applies to and is applicable to infractions of any and all County ordinances imposing infrac- tions, and all such County ordinances hereby expressly incorporate the infraction procedures set out in this Ordinance. Section 4. Procedure. When an officer has reasonable grounds to believe a person has committed an infraction, the officer may issue to that person a summons and complaint for the infraction. Section 5. Right To Enter Property. An officer, on reason- able belief that an infraction has occurred, may enter upon real property for the purpose of making an investigation. Section 6. Stop Work Or Use. An officer having reasonable grounds to believe, and does believe that a person has committed an infraction contrary to law, in lieu of or in addition to issuing a summons and complaint under Section 4, may issue a stop work or use tag on the property where the infraction is alleged to have occurred. Section 7. Summons and Complaint. A summons and complaint, substantially conforming to Exhibit "A", attached hereto and incorporated by reference shall be used for all infractions. Additional parts may be inserted by officers upon authority of the County Administrative Law Judge. Section 8. Private Person May Commence Actions For Infrac- tion; Complaint; Service of Summons. A. A private person may commence an action for an infrac- tion by certifying to the complaint before the County Administra- tive Law Judge. This action will be entered in the record. B. A complaint under subsection (A) of this section shall contain a form of certificate in which the complainant shall 2 - ORDINANCE NO. 82-012 VOL ?gj r Xi, certify that the complainant has reasonable grounds to believe, and does believe, that the person cited committed the infraction contrary to law. C. When the complaint is certified by a private person, the Administrative Law Judge shall cause the summons to be delivered to the Defendant. Section 9. Minimum Requirements for Summons. A summons for an infraction is sufficient if it contains the following: A. The name of the forum, the name of the person cited, the date on which the summons was issued, the name of the complainant and the time and place at which the person cited is to appear before the Administrative Law Judge B. A statement or designation of the infraction in such manner as can be readily understood by a person making a reason- able effort to do so, and the date, time and place at which the infraction is alleged to have occurred. C. A notice to the person cited that a complaint will be filed with the Administrative Law Judge based on the infraction. D. The amount of bail, if any, fixed for the infraction. Section 10. Minimum Requirements For Complaint. A complaint for an infraction is sufficient if it contains the following: A. The name of the forum, the name of the public body in whose name the action is brought and the name of the defendant. B. A statement or designation of the infraction in such manner as can be readily understood by a person making a reason- able effort to do so and the date, time and place at which the infraction is alleged to have occurred. C. Nothing herein shall prohibit the Administrative Law Judge from amending the complaint or conforming the complaint to the evidence, in his discretion. Section 11. Hearings Record. The reverse side of the com- plaint shall contain the abstract of record of proceedings, and shall be in a form prescribed by the Administrative Law Judge. Section 12. Delivery of Summons to Person Cited; Delivery of Other Parts of Summons. An officer issuing the summons shall cause: A. The summons to be delivered to the person cited; and 3 - ORDINANCE NO. 82-012 von 45 PACE 2 B. The complaint and abstract of record to be delivered to the Administrative Law Judge. Section 13. Appearance by Defendant. A. The defendant shall either appear before the Adminis- trative Law Judge at the time indicated in the summons, or prior to such time shall deliver to the Administrative Law Judge the summons, together with cash, check or money order in the amount of the bail set forth in the summons, and enclosing therewith: 1. A request for hearing, or 2. A statement of matters in explanation or mitigation of the infraction charged, or 3. The executed appearance, waiver of hearing, and plea of guilty appearing on the summons. A state- ment in explanation or mitigation also may be enclosed with the guilty plea. B. In any case in which the defenda: before the Administrative Law Judge at the summons, if he desires to plead guilty and Judge accepts the plea, the Administrative any statement in explanation or mitigation desires to make. at personally appears time indicated in the the Administrative Law Law Judge shall hear that the defendant Section 14. Failure To Appear. If a defendant shall fail to appear at the time indicated in the summons, or at the hearing scheduled, in accordance with Section 16, the Administrative Law Judge shall consider the complaint without hearing and enter a judgment as if a hearing were held. If the defendant is found to have committed an infraction, the Administrative Law Judge shall mail a copy of such determination, along with a notice of the fine imposed, advising the defendant that the fine is payable, to the defendant's address as shown on the summons cnd Complaint. The Administrative Law Judge may only set aside such default judgment upon appearance of the defendant, and upon the finding that the defendant had a reasonable excuse for defendant's failure to appear at the time indicated on the summons, or at the hearing scheduled in accordance with Section 16. tion. Judge a section Section 15. Effect of Statement in Explanation or Mitiga- If a defendant has submitted to the Administrative Law written statement as provided in paragraph (2) of Sub- (A) of Section 13, it constitutes a waiver of hearing and consent to judgement by the Administrative Law Judge declaring a forfeiture of bail on the basis of such statement and any testi- mony or written statement of the citing officer or other witnesses which may be presented to the Administrative Law Judge. 4 - ORDINANCE NO. 82-012 VOL 5 PALE 4 y 4_ Section 16. Fixing Hearing Date; Notice to Defendant. If the defendant requests a hearing, or if pursuant to Section 18 the Administrative Law Judge directs that a hearing be held, the Ad- ministrative Law Judge shall fix a date and time for the hearing and, unless notice is waived, shall at least five days in advance of the hearing mail to the defendant notice of the date and time so fixed. Section 17. County Counsel. Notice of Hearing to Complainant; Notice to A. Should a hearing be held, notice shall be sent to the complainant. B. Should a hearing be held because defendant pleads not guilty, requests a hearing, or if the Administrative Law Judge sets a hearing, notice of such hearing shall be given to the County Counsel's office, and a copy of the summons and Complaint, and an abstract of the Administrative Law Judge's record shall also be turned over to the County Counsel at that time. Section 18. Hearing Discretionary With the Administrative Law Judge. In any case the Administrative Law Judge may direct a hearing be held. Otherwise, the Administrative Law Judge may enter the appropriate judgement, impose a fine, direct that the fine be paid out of the bail deposited by the defendant, and remit to the defendant any amount by which the bail exceeds the fine. No fine may be imposed in excess of the bail deposited by the defendant unless a hearing is held. Section 19. Hearing; Burden of Proof. A. The hearing of any infraction shall be by the Adminis- trative Law Judge without a jury. The hearing of any infraction shall not commence until the expiration of seven days from the date of summons and complaint for the infraction unless the defendant waives the seven-day period. B. The County shall have the burden of proving the alleged ordinance infraction by a preponderance of the evidence. C. The defendant may be represented by counsel, but counsel shall not be provided at public expense. If defense counsel is to appear, written notice shall be provided to the Administrative Law Judge five days prior to the hearing date, excluding weekends and holidays. D. At any hearing Counsel or other County obtaining witnesses, but defendant appears. involving an infraction, the County attorney may aid in preparing evidence and shall not appear unless counsel for the 5 - ORDINANCE NO. 82-012 VOL 45 FAt;E4 E. If the person alleged to have committed the infraction desires that witnesses be ordered to appear by subpoena, he must so request in writing from the Administrative Law Judge at the time the answer is returned, or subsequently by mail at any time five days prior to the scheduled hearing. Subject to the same five day limitation, the complaining official or County attorney, as appropriate, may also request the court that certain witnesses be ordered to appear by subpoena. If a fine is declared in the final order, the order shall also provide that the person shall pay any witness fees payable in connection with the hearing. F. After due consideration of the evidence and arguments presented at the hearing, the Administrative Law Judge shall de- termine whether the infraction as alleged in the complaint shall be entered of record. When a determination is made that an in- fraction has been committed, an appropriate order shall be entered in the records of the Administrative Law Judge. In addition to any fine, forfeiture, fine and forfeiture or other civil penalty, the Administrative Law Judge shall assess administrative costs. Section 20. Enforcement. A. Delinquent fines, fees and costs, and fines, fees and costs brought to default judgment shall be held as County liens. The County may file a certified copy of such fine, fee and costs, and determination with the County Clerk, which shall be filed in the Docket of State and County Liens. Any lien filed with the County Clerk shall constitute a lien on real property from the date of said filing, and shall be a judgment upon which garnish- ments and writs of execution may issue. B. Nothing in this section shall limit the County from revoking or denying fine to the County. C. When the Administrative Law Judge has made a determin- ation that an infraction relating to the use or division of real property has occurred, he shall send a notice, entitled "Notice of Non-Compliance", substantially conforming to Exhibit "B", attached hereto and by this reference incorporated herein, to the owner of the property or to any person holding any permit related to the property. The notice of non-compliance shall be sent by certified mail and shall contain: 1. A statement of how the use or division of the pro- perty does not comply with the applicable County ordinance; 2. A statement of what must be done to bring the use or division into compliance with the ordinance; any permit held or desired by a person owing a 6 - ORDINANCE NO. 82-012 VOL 45 FE- 422 3. A date by which the owner of the property or permit holder must bring the use or division into compliance with the ordinance; and 4. Notice that failure to bring the use or division of the real property into compliance with the applicable ordinance by the date stated will result in filing and recording of a violation determination with the County Clerk. D. If a use or division of property is not brought into compliance with the applicable ordinances within the time stated in a notice of non-compliance, the Administrative Law Judge shall file and record with the County Clerk a sworn notice entitled "Violation Determination", substantially conforming to Exhibit "C", attached hereto and by this reference incorporated herein, containing: 1. The legal description of the property upon which the violation is located; 2. A description of the use or division in violation of the County ordinance; and 3. A certified copy of the Administrative Law Judge's determination, as contained on the complaint and abstract. E. At any time after a violation determination has been filed with the County Clerk, any person may petition the Adminis- trative Law Judge for a hearing to present evidence that the violation has been cured. If the Administrative Law Judge finds after hearing that the violation has been cured, he shall, within 30 days of making the determination, file and record with the County Clerk a sworn notice entitled "Notice of Compliance", sub- stantially conforming to Exhibit "D", attached hereto and by this reference incorporated herein. The notice of compliance shall contain: 1. The legal description of the property on which the violation was located; 2. A description of the use or division; and 3. A statement that the violation has been cured. Section 21. Stop Work Or Use Tag Posting. After a stop work or use tag is posted, any person continuing work or use commits a separate violation. Violation of a stop work or use notice constitutes a Class A infraction. 7 - ORDINANCE NO. 82-012 V 5 g Section 22. Schedule of Fines. A. Infractions are classified for the purpose of determin- ing fines into the following categories: 1. Class A infraction 2. Class B infraction 3. Class C infraction B. An assessment of a fine for an infraction shall be an assessment to pay an amount not exceeding: 1. $500 for a Class A infraction 2. $250 for a Class B infraction 3. $100 for a Class C infraction C. Infractions of specific County ordinances are classified within the infractions or penalty section of the specific County ordinances. D. When a person has been determined to have repeatedly violated a County ordinance, the Administrative Law Judge shall, when imposing a fine, consider any previous violations of County ordinances relating to the same or similar activities and impose increasingly severe fines within the class of infraction for which the defendant has been determined to be in violation. Section 23. Continuing Infractions. When an infraction is of a continuing nature, a separate infraction will be deemed to occur on each calendar day the infraction continues to exist and a separate summons and complaint may be filed for each such infraction. Section 24. Other Remedies Not Precluded. The procedure established by this ordinance shall be the exclusive procedure for imposing a fine. Provided, however, this Ordinance shall not prohibit, in any way, alternative remedies including, but not limited to, injunction, nor shall the County be prohibited from recovering any expense incurred in any injunction action. Section 25. Bail Schedule. The Administrative Law Judge is hereby directed to establish a bail schedule for each class of infractions. A copy of this schedule is to be kept at the County Hearings Officer's office. Section 26. Final Action and Appeal. The decision of the Administrative Law Judge shall be deemed to be a final action of 8 - ORDINANCE NO. 82-012 VoL 45 FACT ) the County. Appeal therefrom shall be as provided in ORS 34.010 to 34.100 and not otherwise. Section 27. Severability. It is the legislative intent of this Ordinance that if any part of this Ordinance is held to be unconstitutional or otherwise void, or is repealed or impliedly repealed by County ordinance, Federal or State law, each and every other provision shall remain in force. Section 28. Emergency. This ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect on January 1, 1983. 1 DATED this c2lc7' day of 12 L , 1982. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COWNTY,,-OREGON ATTEST: CLAY ',U. SHE Chairman =s-r SUS N STONEMAN Recording Secretary ALBS A. Y ERT C. oner - LSON", JR., Commissipfjer ` 9 - ORDINANCE NO. 82-012 VOL 115 PAGE 429 BEFORE THE ADMINISTRATIVE LAW JUDGE OF DESCHUTES COUNTY, OREGON SUMMONS AND COMPLAINT STATE OF OREGON ) ) ss. DOCKET NO. COUNTY OF DESCHUTES ) THE UNDERSIGNED CERTIFIES AND SAYS: That on the day of 19 , at ( a.m.) ( p.m.), NAME LAST FIRST MIDDLE RES. CITY BUS. CITY ADD. PHONE STATE ADD. PHONE STATE DID UNLAWFULLY COMMIT THE OFFENSE OF: IN VIOLATION OF COUNTY ORDINANCE BY: in unincorporated Deschutes County, Oregon, at or near (For violations relating to the Division or use of real property, complete the following for the convenience of the Administrative Law Judge: T R Sec. , TL , more particu- larly described in Book at page , Deschutes County Deed Records.) I CERTIFY THAT I SERVED A COPY OF THIS CITATION AND COMPLAINT' ON THE ABOVE NAMED DEFENDANT. DATE OFFICER APPEAR BEFORE THE ADMINISTRATIVE LAW JUDGE AT M. ON THE DAY OF , 19 , LOCATED AT: SCHEDULED BAIL: IMPORTANT NOTICE: THIS COMPLAINT WILL BE FILED WITH THE ADMINIS- TRATIVE LAW JUDGE. FAILURE TO COMPLY WITH THE INSTRUCTIONS ON THE REVERSE SIDE OF THIS SUMMONS AND COMPLAINT MAY RESULT IN A DEFAULT JUDGMENT BEING ISSUED AND A FINE IMPOSED. OL 45 FAU 3 ABSTRACT OF RECORD DATE ADMINISTRATIVE LAW JUDGE ACTION AND OTHER ORDERS Complaint Filed Bail fixed at $ Posted by Received by Fine in the amount of $ received as required by Administrative Law Judge schedule. Signature of Clerk Continuance to Reason Continuance to Reason Continuance to Reason Defendant appearance Plea Attorney for Defendant Notice to County Counsel Hearing Notice Hearing Finding The Administrative Law Judge, therefore, enters the following order: Bail forfeited $ Fine $ Suspended Fine $ Other orders: ADMINISTRATIVE LAW JUDGE Testimony - Notes, etc. Writ of Review to Circuit Court EXHIBIT "A" • VOL 45 "AGP_431 BEFORE THE ADMINISTRATIVE LAW JUDGE OF DESCHUTES COUNTY, OREGON SUMMONS AND COMPLAINT STATE OF OREGON COUNTY OF DESCHUTES ss. DOCKET NO. THE UNDERSIGNED CERTIFIES AND SAYS: That on the at NAME day of . 19 a.m.) ( p.m.), RES. ADD. CITY BUS. ADD. CITY LAST FIRST MIDDLE PHONE STATE PHONE STATE DID UNLAWFULLY COMMIT THE OFFENSE OF: IN VIOLATION OF COUNTY ORDINANCE BY: in unincorporated Deschutes County, Oregon, at or near (For violations relating to the Division or use of real property, complete the following for the convenience of the Administrative Law Judge: T R , Sec. , TL , more particu- larly described in Book at page , Deschutes County Deed Records.) t I CERTIFY THAT I SERVED A COPY OF THIS CITATION AND COMPLAINT ON THE ABOVE NAMED DEFENDANT. DATE OFFICER APPEAR BEFORE THE ADMINISTRATIVE LAW JUDGE AT M. ON THE DAY OF , 19 , LOCATED AT: SCHEDULED BAIL: • IMPORTANT NOTICE: THIS COMPLAINT WILL BE FILED WITH THE ADMINIS- TRATIVE LAW JUDGE. FAILURE TO COMPLY WITH THE INSTRUCTIONS ON THE REVERSE SIDE OF THIS SUMMONS AND COMPLAINT MAY RESULT IN A DEFAULT JUDGMENT BEING ISSUED AND A FINE IMPOSED. EXHIBIT "A" OFFICERS REPORT 'VOL Date Time Evidence of Defendant's Identity and Ownership: Description of Alleged Violation and its Location: T R S , TL ; Book Page Witnesses to Violation: Statements Made By Defendant: Witnesses to Statement: Prior Record: Warning Notices Issued, Other Violations, Citations: Pictures Taken # OFFICER EXHIBIT "A" -gym T. 45 FACE 432 ~ r VOL '45 FACE 433 BEFORE THE ADMINISTRATIVE LAW JUDGE OF DESCHUTES COUNTY, OREGON SUMMONS AND COMPLAINT STATE OF OREGON ) ) ss. DOCKET NO. COUNTY OF DESCHUTES ) THE UNDERSIGNED CERTIFIES AND SAYS: That on the day of , 19 , at ( a.m.) ( P.M.), NAME LAST FIRST MIDDLE RES. ADD. PHONE CITY STATE BUS. ADD. PHONE CITY STATE DID UNLAWFULLY COMMIT THE OFFENSE OF: IN VIOLATION OF COUNTY ORDINANCE BY: in unincorporated Deschutes County, Oregon, at or near (For violations relating to the Division or use of real property, complete the following for the convenience of the Administrative Law Judge: T R , Sec. , TL , more particu- larly described in Book at page , Deschutes County Deed Records.) z I CERTIFY THAT I SERVED A COPY OF THIS CITATION AND COMPLAINT' ON THE ABOVE NAMED DEFENDANT. DATE OFFICER APPEAR BEFORE THE ADMINISTRATIVE LAW JUDGE AT M. ON THE DAY OF , 19 , LOCATED AT: SCHEDULED BAIL: IMPORTANT NOTICE: THIS COMPLAINT WILL BE FILED WITH THE ADMINIS- TRATIVE LAW JUDGE. FAILURE TO COMPLY WITH THE INSTRUCTIONS ON THE REVERSE SIDE OF THIS SUMMONS AND COMPLAINT MAY RESULT IN A DEFAULT JUDGMENT BEING ISSUED AND A FINE IMPOSED. EXHIBIT "A" 7 READ CAREFULLY r VOL 45 FACr, 434 You have been charged with a violation of the Deschutes County Ordinance You must do one of the following: 1. Appear before the Administrative Law Judge at the time mentioned in this Summons and request a hearing. 2. Mail to the Administrative Law Judge this Summons, together with a check or money order in the amount of the bail indicated on the other side of this Summons and tell the Administrative Law Judge you request a hearing. This Summons and the bail must reach the Administrative Law Judge before the time when this Summons requires you to appear before the Administrative Law Judge. If you don't want a hearing, but wish'to ex- plain your side, send your explanation with the Summons and the bail.. The Administrative Law Judge will then consider your explanation and may for- feit your bail, or part of it, on the basis of your explanation and what the officer tells the Administrative Law Judge. 3. Sign the plea of guilty below and send this Summons to the Administrative Law Judge, together with check or money order in the amount of bail indicated on the other side of this Summons. If you wish to ex- plain your side, you may send your explanation with guilty plea, summons and bail. This summons and the bail must reach the Administrative Law Judge before the time when this_ Summons requires you to appear before the Administrative Law Judge. APPEARANCE, PLEA OF GUILTY AND WAIVER I, the undersigned, do hereby enter my appearance on the Complaint of the offense charged on the other side of this summons. I have been in- formed of my right to a hearing, that my signature to this plea of guilty will have the same force and effect as a judgment of the Administrative Law Judge. I do hereby PLEAD GUILTY to said offense as charged, WAIVE my right to a HEARING before the Administrative Law Judge, and agree to pay the penalty prescribed for my offense. (Defendant's Name) (Address) Mail Your Remittance To NOTICE If you fail to comply with these instructions, the Administrative Law Judge is authorized to enter a default judgment. The Administrative Law Judge may in any case, after notice, require you to appear for a hearing. Failure to pay any fine, fee or cost imposed by the Administrative Law Judge will cause a lien to be filed with the Deschutes County Clerk. Such a lien will constitute a judgment against you and may result in garnishment of your wages and/or execution against your property. Addi- tionally, if your violation relates to the division or use of real pro- perty, the Administrative Law Judge may file a violation determination in the County Deed Records. EXHIBIT "A" VOL 45 FACE 43 5 BEFORE THE ADMINISTRATIVE LAW JUDGE OF DESCHUTES COUNTY, OREGON DESCHUTES COUNTY, ) Plaintiff, ) V. ) Defendant. TO: NAME: LAST ADDRESS: DOCKET NO. NOTICE OF NON-COMPLIANCE ORDINANCE NO. FIRST MIDDLE (PHONE) CITY STATE ZIP AFFECTED PROPERTY: , Deschutes County, Oregon. The matter of the violation of the above named Defendant having come before the Administrative Law Judge; and the Administrative Law Judge having found the Defendant to have committed an infraction in violation of the above referenced Ordinance; and the Administrative Law Judge having found that the violation relates to the division or use of real property; and the Defendant being an owner or the real property or person holding a permit related to the real property upon which the violation occurred; now, therefore, THE ADMINISTRATIVE LAW JUDGE HEREBY ORDERS, as follows: 1. The use or division of the above described property does not comply with the above referenced Ordinance in the following particulars: 2. The violation must be corrected by the 198 , by: 3. Failure to bring the use or division of the real property into com- pliance with the above County Ordinance by the date set forth in Section 2 of this Notice will result in the filing and recording of a Violation Determination with the Deschutes County Clerk. DATED this day of , 198 ADMINISTRATIVE LAW JUDGE STATE OF OREGON ) County of Deschutes ) SUBSCRIBED AND SWORN to before me this day of 198 Notary Public for Oregon My Commission Expires: EXHIBIT "B" day of 45 FAGS 436 BEFORE THE ADMINISTRATIVE LAW JUDGE OF DESCHUTES COUNTY, OREGON DESCHUTES COUNTY, ) Plaintiff, ) V. ) Defendant. TO: NAME: LAST ADDRESS: day of CITY STATE ZIP AFFECTED PROPERTY: Deschutes County, Oregon. The matter of the violation of the above named Defendant having come before the Administrative Law Judge; and the Administrative Law Judge having found the Defendant to have committed an infraction in violation of the above referenced ordinance; and the Administrative Law Judge having found that the violation relates to the division or use of real property; and the Defendant being an owner or the real property or person holding a permit related to the real property upon which the violation occurred; now, therefore, THE ADMINISTRATIVE LAW JUDGE HEREBY ORDERS, as follows: 1. The use or division of the above described property does not comply with the above referenced Ordinance in the following particulars: DATED this STATE OF OREGON ) County of Deschutes ) FIRST MIDDLE (PHONE) , 198 ADMINISTRATIVE LAW JUDGE SUBSCRIBED AND SWORN to before me this day of 198 Notary Public for Oregon My Commission Expires: _ DOCKET NO. VIOLATION DETERMINATION ORDINANCE NO. EXHIBIT "C" A r-, THE ADMINISTRATIVE LAW JUDGE OF DESCHUTES C~ NTY, OREGON BEFORE r DESCHUTES COUNTY, ) Plaintiff, ) V. ) r) Defendant. TO: NAME: LAST ADDRESS: DOCKET NO. NOTICE OF COMPLIANCE ORDINANCE NO. FIRST MIDDLE (PHONE) CITY STATE ZIP AFFECTED PROPERTY: , Deschutes County, Oregon. The matter of the cure of a Violation Determination having come be- fore the Administrative Law Judge; and the Administrative Law Judge having found the Defendant to have cured the violation relating to the division or use of real property as described in the Violation Determination filed and recorded on the day of , 198 ; now, therefore, THE ADMINISTRATIVE LAW JUDGE HEREBY ORDERS, as follows: 1. The use or division of the above described property did not comply with the above referenced ordinance in the following particulars: 2. The violation has been cured. DATED this day of STATE OF OREGON ) County of Deschutes ) , 198 ADMINISTRATIVE LAW JUDGE SUBSCRIBED AND SWORN to before me this day of 198 Notary Public for Oregon My Commission Expires: EXHIBIT "D"