2006-23-Ordinance No. 2006-001 Recorded 1/5/2006REVIEWED
LEGAL COUNSEL
REVIEWED
CODE REVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL RECORDS yJ 2006~2~
NANCY BLANKENSHIP, COUNTY CLERK VY y y
COMMISSIONERS' JOURNAL 01/0512006 04;40;31 PM
IIIIIIIII IIIIIIIIIIIIII III III
2006-23
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 13 of the
Deschutes County Code delegating septic permit * ORDINANCE NO. 2006-001
fee waiver authority to Community Development
Director and County Administrator, and
Declaring an Emergency.
WHEREAS, the Director of the Deschutes County Community Development Department ("CDD")
recommended to the Board of County Commissioners ("Board") that, in addition to the Board's authority, the
County Administrator and the Director of CDD be given authority to waive fees for on-site sewage disposal and
septic tank permits, and
WHEREAS, the Board finds it in the public interest to authorize the County Administrator and the
Director of CDD to waive such fees, and
WHEREAS, the Board held a duly noticed hearing on January 4, 2006, as required by law; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS-OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 13.08 is amended to read as described in Exhibit "A," attached
hereto and by this reference incorporated herein, with new language underlined and language to be deleted in
str-ikethfettgh.
Section 2. FINDINGS. The Board adopts the staff report adopted as Exhibit "B" to Ordinance 2006-
001, incorporated herein by this reference, as it's finds to support this ordinance.
PAGE 1 OF 2 - ORDINANCE NO. 2006-001 (01/04/06)
Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
/ J
DATED this day of ✓ 2006.
BOARD OF COUNTY COMMISSIONERS
OF DESCHJ;T;ES COUNTY, OREGON
- -e-
R. LUKE, r-
BEV CLARNO, Vice Chair
~qy~m -A
MI H L M. ALY, Co 'ssioner
Date of 1St Reading: q /day of , 2006.
Date of 2°d Reading: day of - , 2006.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly
Bev Clarno
Effective date: day of 4 , 2006.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2006-001 (01/04/06)
APPENDIX "A"
Chapter 13.08. ON-SITE SEWAGE
DISPOSAL AND SEPTIC
TANKS
13.08.040. Permit fees.
The fees for permits and services under DCC
13.08 shall be the fees prescribed by the State
Department of Environmental Quality. The
County may set any permit fee at an amount
lower than the fees adopted by the state, or set a
fee for a permit for which the state has failed to
set a fee by proper resolution. Such fees may be
waived by the Board of County Commissioners,
the County Administrator or the Director of the
County Community Development Department.
(Ord. 2006-001 § 1, 2006; Ord. 83-060 § 1, 1983;
Ord. 83-057 § 3, 1983)
PAGE 1 OF 1 EXHIBIT "A" TO ORDINANCE NO. 2006-001 - (01/04/2006)
Date: December 16, 2005
EXHIBIT "B"
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
To: Deschutes County Board of Commissioners
From: Tom Anderson, Director
Community Development Department
RE: Delegation of Authority of Community Development Fee Waivers
Ordinance Changes 2006-001, 2006-002, 2006-003
Deschutes County Community Development (CDD) receives a number of requests for fee
waivers each year. The reasons range from indigence to code enforcement resolution. Upon receiving a
fee waiver request and other supporting documentation from a Deschutes County citizen, CDD staff
conducts a review and prepares a recommendation for the Director of Community Development to take
before the Board. The Board often accepts the recommendation.
The proposed changes to County Code Section 13.08, 15.04.160 and 22.08.0 10 would delegate
fee waiver authority to the Director of Community Development except in the cases of issuance of
blanket fee waivers for classes of hardship such as catastrophic fire and in any other case where the public
benefit is served and other remedies have been exhausted.
Fee waivers are intended to provide a public benefit when there is an immediate need of the
services by CDD to protect the applicant's or public's health and safety. Fee waivers provide a public
benefit when granting the waiver will create long term efficiency of a Code Enforcement issue or when
the request is from a nonprofit organization that has encountered an extraordinary hardship that could not
have been anticipated in the planning or funding of the project.
Deschutes County Community Development has written policy which establishes the criterion to
qualify for a fee waiver, set aside budget into a hardship account from any savings of budgeted expenses
or excess review and keep expenditures within the constrains of the budgeted amount. The applicant may
appeal the CDD Director's decisions to the Deschutes County Administrator.
PAGE 1 OF 1 - ORDINANCE NO. 2006-001 (1/04/2006)
Quality Services Performed with Pride