30-47-Order Recorded 3/20/1979_ VOL 30 PAGE 47
IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of )
DESCHUTES COUNTY )
)
VS. )
JAN WARD )
TO: JAN WARD
20365 Illahee Drive
Bend, Oregon 97701
2J 79 tJ: 41 1
NOTICE AND ORDER
(ORS 203.127)
1. Your neighbor, MR. KORISCH, has reported that your cattle feeding
operation located off Ray Road in Bend, Oregon has created a nuisance in the
form of unpleasant odors and an excessive number of flies. A member of this
Commission has personally observed that a large pile of cow dung has been piled
on your land within approximately 50 feet of an occupied residence. The pile
is against a fence, and does not appear to be a usual incident to agricultural
operations exempted by County Solid Waste Ordinance CG-4. It appears that the
pile has been located in a manner calculated to vex and annoy your neighbors.
2. Pursuant to ORS 203.127, County Ordinance CG-4, and its Order of
March 20, 1979, the Board of County Commissioners hereby notifies you that you
are ordered and required to appear at a public hearing set for 10:00 a.m. on
Friday, March 30, 1979, or ten days after service upon you of this Notice, or
the next business day thereafter, whichever is latest. The hearing will be held
in Conference Room A at the Deschutes County Courthouse Annex. At this hearing,
testimony will be taken by the Board of Commissioners on the issue of whether
a nuisance exists on your land.
ORS 203.127 provides that if the Board of Commissioners determines that
you are maintaining an unprivileged nuisance you will be ordered to abate the
nuisance within thirty (30) days. If the nuisance is not abated within that time,
the Commission may abate it and recover the cost of abatement from you, or from
the owner of the property on which the nuisance was abated. By ORS 203.127,
this is in addition to the Board's other remedies, such as injunction, an action
for damages, and prosecution by the District Attorney.
DATED this o~ day of March, 1979.
t
Jam. U//
Commissioner
Sheriff to serve and make ,,return
SHERIFF'S RETURN OF SERVICE
Court Case Nc
STATE OF OREGON)
SS.
County of Deschutes)
I hereby certify that I received the within:
( ) Summons & Complaint ( ) Summons & Petition
( ) Order ( ) Motion ( ) Affidavit
( ) Small Claim ( ) Subpoena ( ) Writ of Garnishment
(XX) Notice and Order
VOL 30 PAGE 48
( ) Summons ( ) Complaint ( ) Citation
( ) Petition ( ) Motion & Order
March 20 19 79 , for service on the within
Jan Ward
(X)j Served same personally and in person.
( ) SUBSTITUTE SERVICE - Served the within named, by serving a person over the age of fourteen years, who resides at the
place of abode of the within named. Person served:
At the place of abode of the within named:
(On date and time indicated below)
( ) Not found. After due and diligent search and inquiry, I hereby return that I have been unable to find the within named
within Deschutes County.
( ) By delivering said papers to
of said corporation.
All search and service was made within Deschutes County, State of Oregon.
Date: 3/23/79
Time: 4:36 PM
Sheriff's Fees:
F. C. SHOLES
Sheriff Of Deschutes County
By /s/ Linda J. Chase
C i v i I Deputy
V t.A