2008-961-Minutes for Meeting November 05,2008 Recorded 11/17/2008COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS ~00~-961
COMMISSIONERS' JOURNAL 11/172008 11;53;36 AM
12008-963
Do not remove this page from original document.
Deschutes County Clerk
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statement, in accordance with ORS 205.244:
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, NOVEMBER 5, 2008
Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy Baney.
Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy
County Administrator; Anthony Raguine, Tom Anderson, Dennis Perkins, Kevin
Harrison, Paul Blikstad and Cynthia Smidt, Community Development, Laurie
Craghead, Legal Counsel; and four other citizens.
Chair Luke opened the meeting at 1: 30 p.m.
1. Discussion of Feasibility of "Youthbuild" Grant, Boys & Girls Club.
This item was canceled at the request of the Boys & Girls Club representative.
2. Work Session regarding the Vander Zanden Appeal.
Cynthia Smidt gave a brief overview of the item, which relates to a type 3 home
occupation request that was approved by the Hearings Officer; five of the
sixteen conditions are being appealed. The 20-acre property has a split zone.
Commissioner Luke said that he was under the impression that the Hearings
Officer was restricting what was allowed in Code. Laurie Craghead stated that
it is a matter of interpretation of the Code.
The five conditions are outlined in a staff report. Most relate to noise control or
potential disturbance of the neighbors. Commissioner Daly asked how it was
determined that there was a noise problem. Ms. Schmidt said information of
studies on similar operations was reviewed.
Commissioner Baney asked if there is precedence on the hours of operation.
She was advised it was a matter of interpretation.
Minutes of Board of Commissioners' Work Session Wednesday, November 5, 2008
Page 1 of 7 Pages
The applicant asked for two additional employees but would like to have up to
five employees; Code allows up to five. The application did not address the
impact of having more than two employees.
Regarding so many trips per day, Commissioner Daly asked what the time
period would be. Ms. Schmidt said this is an interpretation also. All of the
traffic could occur during a short period of time
Noise and sound pressure levels caused the number of daily trips to be up to
fifty. Commissioner Luke said that he would like some input from staff on how
this can be easily modified. Some rights are being taken away based on a piece
of evidence on something that you can't take to court.
Commissioner Daly asked if there is testimony against this use by the neighbor,
who all received copies of this decision. The closest neighbor is about 400 feet
away. Ms. Smidt said there could be some.
There can be up to twenty trips, per Code, with five employees. The Hearings
Officer only allowed two. Ms. Schmidt will provide an oversized aerial photo
to review.
The landscaping requirement would like it reworded. Discussion continued on
the Hearings Officer's requirements, and the Commissioners reviewed some
photographs of the property.
This will be addressed at a future business meeting.
3. Discussion of File #TA-08-03, a Text Amendment to Allow Event Venues as
a Conditional Use in MUA Zones.
Anthony Raguine said some specific questions were asked at the previous
hearing.
Commissioner Luke asked about handicap accessibility. Other issues were
egress, restrooms and parking. Commissioner Luke asked about home sprinkler
systems that run off wells. Dennis Perkins stated that there is usually a backup
system of some kind to keep things operating for a short period of time. It may
be required in the future. It is the fire department's call as to how that could be
handled. The sprinkler requirement could be triggered by occupancy of more
than fifty people, but would be based on an assessment of the type of building
and its use.
Minutes of Board of Commissioners' Work Session Wednesday, November 5, 2008
Page 2 of 7 Pages
Ms. Craghead stated that any complaints regarding ADA issues would be the
operator's problem, and the County would not be affected. All of the potential
operators were notified that they have until January 1, 2009 to cease operations
until a decision is made on the issue.
Commissioner Daly asked if the text amendment could be written with
conditions. Ms. Craghead said it could be narrowed down to specific criteria,
such as the size of the parcel, inside versus outside music, the size of the
building, setbacks, parking and so on.
In regard to parking, Mr. Anderson stated that a slip-resistant path would be
required from ADA parking and to restroom stalls. Dust needs to be controlled
per Code. Mr. Anderson stated that the gallons of flow per day, 2,500 a day,
could be approved by the County. Up to 300 people may add 1,500 gallons.
What might trigger the need for the larger tank is more than one event a day.
Typically, a separate system might be required for the building in question.
This changes if there is commercial food preparation occurring on site.
Commissioner Baney asked if a spreadsheet could be produced that shows the
various options and requirements. Mr. Raguine replied that this depends on
whether there would be different classes of events.
Commissioner Luke asked if this is opening the door for other commercial
activities in residential areas. Commissioner Daly feels that there are areas in
the MUA-10 zone where this type of activity could be acceptable, instead of
disallowing all of them. Mr. Raguine stated that his memo shows how this
could work, depending on the level the Board prefers.
Commissioner Luke said that people go home to relax. Zoning is in place so
that people will know what they can do, and also what might be allowed next
door. It is unfair to these residents to have to live next to large weddings and
other events. Commissioner Daly pointed out that there is a long list of
conditional uses for that type of property.
Commissioner Baney pointed out that MUA-10 is a misnomer; most MUA is
not ten acres. Many are four or less acres. If it is broken down to 0-5 acres, 5-
10 acres, 10-20 acres or larger. Commissioner Luke asked why it is important
to allow an activity that was not allowed previously. Commissioner Baney said
that in some circumstances, with limitations and mitigations, perhaps this could
work on larger parcels. She asked if EFU land would be faced with the same
issues. She believes that there are parcels that might work for this.
Minutes of Board of Commissioners' Work Session Wednesday, November 5, 2008
Page 3 of 7 Pages
Commissioner Daly said that this type of thing has been discussed for home
occupations. Mr. Raguine said that a type 3 home occupation has fewer
impacts of people and trips. Commissioner Baney stated that a wedding once a
week might equate to the total for the home occupation use for a week.
Mr. Raguine asked how mitigation can be done and enforced, how many
locations in an area can do this kind of activity, and so on.
Ms. Craghead stated that other uses in MUA-10 are not as intensive as a
wedding event. She asked if the Board had reviewed the Code sections she
provided to them.
Commissioner Baney asked if there could be an impact area set up, perhaps one
each 5 miles. Mr. Raguine stated that rather than approving a more intensive
use, instead Commissioner Daly feels that they are wasting a lot of time
talking about these individual situations now.
Commissioner Luke said he cannot support this type of activity in a residential
area. He ahs had neighbors who disturbed his enjoyment of his home in the
past. He feels residents have a right to enjoy their property in a normal fashion.
Ms. Craghead asked if the other two Commissioners want to look at limitations,
such as the size of the property, the type and use of the buildings, as so on.
Commissioner Baney does not like the frequency of the events or a small parcel
size. Commissioner Daly stated that there are probably properties where this
would be acceptable. He does not want this particular situation approved as is.
Commissioner Baney says there is a difference in building cabinets on property
every working day, or allowing events that occur on weekends.
Commissioner Luke said that putting in all of the improvements is expensive
and an occasional event will not pay for it. It is not cost effective unless you
have a lot of events.
Mr. Kanner said that if the Board wants a modified text amendment drafted,
some parameters need to be set.
Commissioner Daly likes the economic impact and the option given to people
to have their event in a nice outside location. He would like to find a way to
have this work. Commissioner Luke suggested that staff could produce a map
showing the larger MUA-10 parcels. It could be that there aren't many or that
most of them are not viable.
Minutes of Board of Commissioners' Work Session Wednesday, November 5, 2008
Page 4 of 7 Pages
Mr. Anderson said that there is only one other MUA-10 operator out there now
and clearly does not meet the criteria. To his knowledge, there are no others
currently in operation that fit the criteria.
After a lengthy discussion, it was determined that perhaps this issue needs to be
brought before the Board as a yes or no vote as it has been presented, since it
will be difficult to establish parameters on this particular situation on which all
three Commissioners will agree. This will probably be placed on the November
24 business meeting agenda for a decision.
4. Other Items.
Ms. Craghead asked the Board to sign a letter to a surety company regarding
Arrowood bonding. The bonds will go from performance bonds to maintenance
bonds.
BANEY: Move approval.
DALY: Second.
VOTE: BANEY: Yes.
DALY: Yes.
LUKE: Chair votes yes.
Commissioner Baney brought up the issue of the City of Bend indemnifying the
County on their UGB amendment. Ms. Craghead said that the County does not
have the responsibility to defend, although it can offer to do so. Mr. Kanner
stated that this issue began with a meeting he had with Tom Anderson, Mark
Pilliod and a representative of the City some time ago. At the time, the City
was insisting on adopting indefensible findings. Mr. Kanner joked that the
County would adopt them if the City would defend it. However, this resulted in
the City presenting a draft document.
The City Council has decided that an agreement is not even needed. Mr.
Kanner stated that when there is an appeal, an executive session will be
required and the City may have to be asked to pay any legal fees or the County
will not defend it. The County can state that there are adequate findings and
leave it up to LCDC.
Minutes of Board of Commissioners' Work Session Wednesday, November 5, 2008
Page 5 of 7 Pages
Commissioner Luke said that there are too many Councilors who will not listen
to the recommendations of the County. If it ends up at LCDC, it may be
remanded back to the City for them to work out the problems. Ms. Craghead
stated she does not want to sign the document as an attorney if she does not
support it. The Board can sign it as a matter of policy.
Mr. Anderson said there are people who want to be included in the proposed
UGB annexation and aren't, and those who are included who don't want to be.
Secondly, there are issues that ODOT and LCDC feel are problems, such as the
size of the proposed UGB. That needs to get to DLCD so they can make their
own specific findings and point out to the City where the problems area The
City would then be required to refine it in that regard. The third issue is a series
of questions regarding intense uses on the fringe of the proposed boundaries.
There has not been an opportunity for the Board to review these latest
proposals. Most of these would create a huge traffic impact on County roads.
Mr. Kanner said that the Humane Society of Redmond had $14,000 in the bank
a week ago but has no money at this time due to payroll. They asked for
another $15,000 to get them through the end of the month. Their expenses are
around $30,000 per month. Mr. Kanner feels that if an agreement cannot be
worked out with the banks, the current board there is ready to throw in the
towel. They don't want to put a lot of time into executing a fundraising plan if
there is little chance of success. Their business model depends on the situation
with the banks.
If the County can keep them running for up to a year, they will get to the point
of self-sufficiency. He meets with the banks tomorrow and hopes to know at
that time if they will strike a deal. If it appears that a deal will work, he would
like know if the Board would allow funding for another month. It is likely that
the membership meeting that is coming will result in the current board being
ousted. Commissioner Baney said they need to work this out themselves.
Commissioner Luke said the question is whether to give them operating funds
for another month. He feels that they need to keep things operating even if
some kind of conversion needs to happen.
Mr. Kanner stated that the only thing the County is required to do is provide
intake services. They don't have to do anything else. Commissioner Baney
stated she would like the membership and board to work out their differences,
with a new board in place in January. It was agreed that they cannot be allowed
to shut down.
Minutes of Board of Commissioners' Work Session Wednesday, November 5, 2008
Page 6 of 7 Pages
Commissioner Daly stated that if they have to start euthanizing animals as a
result of this situation, it will be a bad thing for the County. The goal is to keep
the Redmond shelter operating for the time being.
The Board agreed to allow funding until this situation is worked out, for at least
the next month.
Mr. Kanner stated that Health Director Dan Peddycord has resigned, effective
this week. Eric Kropp has agreed to oversee the department for the time being.
He does not have the health policy background that Mr. Peddycord has, but
does have the organizational abilities needed. Statutorily the Health Director
has certain duties and responsibilities. Mr. Kropp will be the interim person to
handle the department for now, and there is expertise in the department to help
him. Meetings will be set up to ease the transition. Feedback from the
department leadership thus far has been positive about this change.
Being no further discussion, the meeting adjourned at 4:20 p.m.
DATED this 5th Day of November 2008 for the Deschutes County Board
of Commissioners.
ATTEST:
SNW-;I&A"
Recording Secretary
" ~3 ~
ennis R. Luke, Chair
Tammy Baney, Vice Chair
Michael M. Da y, C missioner
Minutes of Board of Commissioners' Work Session Wednesday, November 5, 2008
Page 7 of 7 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, NOVEMBER 5, 2008
1. Discussion of Feasibility of "Youthbuild" Grant, Boys & Girls Club
2. Work Session regarding the Vander Zanden Appeal - Cynthia Smidt
3. Discussion of File #TA-08-03, a Text Amendment to Allow Event Venues as a
Conditional Use in MUA Zones - Anthony Raguine
4. Other Items
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real
property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at
1300 NW Wall St., Bend, unless otherwise indicated.
If you have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
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Westchester Fire Insurance Company
436 Walnut Street
WA08P
Philadelphia, PA 19106
Attn: John Guglielmo
Board of County Commissioners
1300 NW Wall St, Suite 200 • Bend, OR 97701-1960
(541) 388-6570 • Fax (541) 385-3202
www.co.deschutes.or.us
board@co.deschutes.or.us
Tammy Baney
Michael M. Daly
Dennis R. Luke
Re: Surety Company: Westchester Fire Insurance Company
Bond Numbers: K07460934, K07460971, K0746101A
Principal- Arrowood Development, LLC
Obligee: Deschutes County
Amounts: $3,358,438; $6,582,400; $2,042,898
To Whom It May Concern:
Westchester Fire Insurance Company ("WFIC") issued the above-referenced bonds in
favor of Deschutes County. The project has been completed in accordance with the
underlying contracts and we consider the performance bonds to be null and void. Said
original bonds were returned to Arrowood Development, LLC on November 3, 2008 and
were replaced by 12- month maintenance bonds. In addition, we represent to WFIC
that we have not received any notice of any claim, nor are we aware on any claim on
the project.
We represent to WFIC that we have the authority to bind the Obligee to the terms of this
letter.
Sincerely,
Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS
DENNIS R. LUKE, CHAIR
ATTEST:
Recording Secretary
TAMMY BANEY, VICE-CHAIR
MICHAEL M. DALY, COMMISSIONER
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner
BOYS & GIRLS CLUBS
OF CENTRAL OREGON
The Boys & Girls Clubs of Central Oregon is currently exploring several funding options to
serve the families of Deschutes County. The focus of our programs is threefold:
• academic achievement
• character and leadership development
• healthy life styles
We are considering an application through the Department of Labor for a Youthbuild grant;
and will be gathering information about the feasibility of such a program as well as other funding
opportunities to support the families of Deschutes County.
Youthbuild serves ages 16-24. It is a holistic approach to helping young men and women
regain their education by rebuilding their lives as they rebuild their communities.
Program Objectives:
• To enable disadvantaged youth to obtain education and employment skills necessary to
achieve economic self-sufficiency in occupations in demand and post-secondary education
and training opportunities
• To provide opportunities for meaningful work and service to their communities
• To foster the development of employment and leadership skills and commitment to
community development among youth in low-income communities
• To expand the supply of permanent affordable housing for homeless individuals and low-
income families by utilizing the energies and talents of 16-24-year-olds
The following represents areas where we could use your help to obtain more information:
• Would the Workforce Investment Board support BGCCO in this endeavor
o co-enrollment with Youth Formula program
o referring qualified candidates for enrollment
o providing access to "wrap-around" supportive services such as counseling
o local labor market information
o assist with connecting program graduates to employers that have existing job
openings
• What other County or non-profit services are available for 17-19-year-olds
• Would there be support from the Juvenile Justice system
o judges referring offenders to participation in Youthbuild instead of sentencing (non-
violent crimes)
• Is there a need in Deschutes County to provide this type of workforce training
o local labor market information
• Would there be support from the foster care community for those aging out of foster care
• Are there other skill training programs in the County other than COCC
• What type of support could be garnered from the construction trades community
• What is your perspective on the economic impact within the region for the success of this
type of program
Our target would be the 17-19-year-old high school dropouts who may have had issues with law
enforcement, substance abuse and/or teen pregnancy. The program is one year in duration. The
grant runs for three years; two years for actual programming and one year of follow-up.
Partners needed: Local Workforce Investment Board
Juvenile Justice System
School districts (Bend/La Pine and Redmond)
Housing Partner (Habitat for Humanity/Housing Works/???)
Counseling Services
Other non-profits serving this age group
Construction Industry - job placement - apprenticeships
COCC
F REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Chapter 1. 16, Code Violations and Enforcement, * ORDINANCE NO. 2008-026
Increasing the Fines for Deschutes County Code
Violations, Clarifying Continuing Violations and
Declaring an Emergency.
WHEREAS, Deschutes County Legal Counsel requested a text amendment to Deschutes County Code
("DCC") Chapter 1.16, Code Violations and Enforcement, to increase the fines for Deschutes County Code
violations and to clarify continuing violations; and
WHEREAS, the 2005 Oregon Legislature increased the fines in ORS 153.018(2) for violations, but
DCC 1.16.010(B) was not amended to reflect the same fine amount as for statutory violations; and
WHEREAS, amending DCC 1.15.010(B) to reflect the fines listed in ORS 153.018(2) would allow the
violation fines to be the same as the statutory fines; and
WHEREAS, deleting DCC 1.16.010(C) and adding language to DCC 1. 16.020 clarifies what is and how
to issue a citation for a continuing violation; and
WHEREAS, adding DCC 1. 16.015 clarifies who may be cited for a violation of the county code; and
WHEREAS, the Board of County Commissioners ("Board") considered this matter at a public meeting
on October 22, 2008 and concluded that the public will benefit from changes to the land use regulations; and
WHEREAS, the above additions, deletions and clarifications are needed immediately for Deschutes
County code enforcement personnel to be able to appropriately enforce and prosecute and the courts to
determine current code violations as well as those that may be discovered in the near future; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter, 1.16, Code Violations and Enforcement, is amended to
read as described in Exhibit "A", attached and incorporated by reference herein, with new language underlined
and deleted language set forth in strikethr-ough.
PAGE 1 OF 2 - ORDINANCE NO. 2008-026 (11/xx/08)
Section 2. EMERGENCY. This Ordinance being necessary for the public peace, health and safety,
an emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this of 12008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
ATTEST:
Recording Secretary
Date of 1St Reading:
Date of 2nd Reading
TAMMY (BANEY) MELTON, VICE CHAIR
MICHAEL M. DALY, COMMISSIONER
day of , 2008.
day of .72008.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tammy Baney
Michael M. Daly
Effective date: day of , 2008.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2008-026 (11/xx/08)
Chapter 1.16. CODE VIOLATIONS AND ENFORCEMENT
1.16.010. Violations Deemed Class A or B Classification-Penalties.
1.16.020. Continuing Violations.
1.16.030. Violation Procedures-Statutory Provisions Adopted.
1.16.032. Base Fine Amounts and Violation Classification for Water Supply, On-Site Sewage,
Building Code, Subdivision Regulations and Land Use Regulation Violations.
1.16.035. Search Warrants-Statutory Provisions Adopted.
1.16.040. Other Remedies Not Precluded.
1.16.045. Private Right of Action.
1.16.050. Stop Work or Use Tag Violations.
1.16.060. Continuation of Certain Liabilities.
1.16.070. Code Enforcement Officials-Designation by Board.
1.16.080. Code Enforcement Officials- Appointment Status.
1.16.090. Penalty for False Information on Noise or Animal Control Violation.
1.16.010. Violations Deemed Class A or B Classification-Penalties.
A. -Violation of a county ordinance shall be punishable, upon conviction, by fine erg or by the specific
remedies specified within the County Code. Violations of eeoat , e-ainaiiees shall be elassifiea
B. Each county ordinance specifying a county offense shall classify the ordinance violation as a Class A or
Class B violation.
BC. A sentence to pay a fine for a violation of a county ordinance shall be a sentence to pay an amount not
exceeding:
1. Si* dSeven hundred and twenty dollars for a Class A violation; or
2: Three hundred and sixty dollars for a Class B violation.
(Ord. 2008-026, § 1, 2008; Ord. 2003-021 §3, 2003; Ord. 2002-016 §9, 2002; 86-076 § 1, 1986)
1.16.015. Strict Liability
A. All of the offenses in the Deschutes County Code are strict liability offenses and do not
require the proof of any culpable mental state unless the code provision defining the offense
expressly provides that culpability is required.
B. It is no defense to prosecution under any provision in this code that the actor was not the
person who actually created, moved, caused, or maintained the unlawful condition or use.
C. A person is liable for prosecution under any provision of this code:
1. If the person created, moved, caused, or maintained an unlawful condition or
use;
2. If the person aided or abetted another person in creating, moving, causing, or
maintaining an unlawful condition or use;
3. If the person is in actual or constructive possession of premises on which an
unlawful condition or use or is found; or
4. If the person has any interest, other than a security interest, in premises on
which an unlawful condition or use is found.
(Ord. 2008-026, § 1, 2008)
Page 1 of 4 - EXHIBIT "A" TO ORDINANCE 2008-026
Chapter 1.16 1 (/200-78)
1.16.020. Continuing Violations.
A. When a violation is of a continuing nature, a separately punishable violation will be deemed to occurs
on each calendar day the violation continues, and a epam e s and e plaiat May be filed f -
B. The complaint for a continuing violation will clearly state the following:
1 The ongoing or uninterrupted nature of the violation;;
2. The date the violation is alleged to have first occurred;
3. The dates or range of dates of each day of the continuing or uninterrupted violation; and
3. The amount of the fine for each day's violation.
(Ord. 2008-026, §1, 2008; Ord. 2003-021 §4, 2003; Ord. 2002-016 §9, 2002; 86-076 §2, 1986)
1.16.030. Violation procedures-Statutory provisions adopted.
The violation procedures as set forth in ORS 8-665, 153.030 to 153.145 and 153.990 shall be the procedures
for county ordinance violations, and are adopted hereby by reference.
(Ord. 2008-026, § 1, 2008; Ord. 2003-021 §5, 2003; Ord. 2002-032 § 1, 2002; 2002-016 §9, 2002; 86-076 §3,
1986)
1.16.032. Base Fine Amounts and Violation Classification for Water Supply, On-Site Sewage,
Building Code, Subdivision Regulations and Land Use Regulation Violations.
A. Notwithstanding 1.16.030, for violations of Chapters 13.04, 13.08, 15.04 and 15.10 and Titles 17 and
18, the base fine amount shall be the fine amount.
B. Violations of Chapters 13.04, 13.08, 13.36, 15.04 and 15.10 and Titles 17 and 18 constitute Class A
violations.
(Ord. 2002-032 § 1, 2002.)
1.16.035. Search warrants-Statutory Provisions Adopted.
A. The definition of "offense" as set forth in ORS 161.505 is adopted:
B. An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any
law of this state or by any law or ordinance of a political subdivision of this state. An offense is a crime
or a violation.
BC. ORS 133.535 (3), which allows for property that has been used, or is possessed for the purpose of being
used, to commit or conceal the commission of an offense to be the subject of search and seizure is
adopted hereby by reference.
DE.The procedure established for obtaining search warrants as set forth in ORS 133.545 through 133.703 is
adopted hereby by reference.
(Ord. 2003-021 §6,2003; Ord. 96-025 §1, 1996)
1.16.040. Other Remedies Not Precluded.
The procedure established by DCC 1.16.010 through DCC 1. 16-060 shall be the exclusive procedure for
imposing a fine; provided, however, such sections shall not prohibit, in any manner, alternative remedies,
including but not limited to injunction, nor shall the County be prohibited from recovering any expense
incurred in any injunction action.
(Ord. 86-076 §4, 1986)
Page 2 of 4 - EXHIBIT "A" TO ORDINANCE 2008-026
Chapter 1.16 2 (/200-78)
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 violation complaint in the following manner:
1. The private citizen shall prepare and present the violation complaint to the appropriate enforcement
officer.
2. If the enforcement officer fails to act upon the violation complaint within 30 days, the citizen may
submit the violation complaint to Deschutes County Legal Counsel (legal counsel).
3. Legal counsel shall investigate the alleged violation of a county ordinance and, after consultation
with the appropriate department head, shall either
(4}a. have the violation complaint served and prosecute, or
Wb. decline to have the violation complaint served or to prosecute.
4. Legal counsel shall notify the private citizen of said action within ten days from the date the
violation complaint is presented to legal counsel.
-25. 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 DCC 1.16.045, in
the citizen's name against the alleged violator in the same manner and form as provided by a civil
violation complaint.
6. 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. 2002-016 §9,2002; 97-058 §1, 1997)
1.16.050. Stop Work or Use Tag Violations.
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 violation.
(Ord. 2002-016 §9, 2002; 86-076 §5, 1986)
1.16.060. Continuation of Certain Liabilities.
A. The repeal of Ordinances 82-012 and 86-027 by the ordinance codified in DCC 1.16.010 through
1. 16.060 shall not extinguish any penalty, forfeiture or judgment imposed or liability incurred under
Ordinance 82-012, as amended by Ordinance 86-027.
B. Ordinances 82-012 and 86-027 shall remain in full force and effect for the purpose of enforcement of
any penalty, forfeiture or judgment imposed thereunder or liability incurred thereunder.
(Ord. 86-076 §6, 1986)
1.16.070. Code Enforcement Officials- Designation by Board.
A. The Board, by order, shall designate individuals, in addition to peace officers, who are employees or
agents of the county, to enforce violations of county ordinances.
B. Private individuals who commence actions under subsection BC of this section are not agents or
employees of the county.
BC.A private person may commence an action for a noise offense under DCC 8.08, or an animal control
violation under DCC 6.08 by signing the complaint before a magistrate, clerk or deputy clerk of the
court or sheriff's deputy.
D. Theis action commenced by a private person wishall be entered in the court record.
EE. If an ORS 153.045 uniform violation citation form is not used, then a complaint under DCC
1.16.070(B) shall contain a statement that the complainant shall certify, under the penalties provided in
Page 3 of 4 - EXHIBIT "A" TO ORDINANCE 2008-026
Chapter 1.16 3 (/200-78)
DCC 1. 16.090, that the complainant has reasonable grounds to believe, and does believe, that the person
cited committed the offense contrary to law.
F. A certificate conforming to DCC 1.16.090 shall be deemed equivalent to a sworn complaint.
GO. When the complaint is certified by a private person, the court shall cause the summons to be
delivered to the defendant. The court may require the County Sheriffs Office to serve the summons as
provided in ORS 153.535(1).
(Ord. 2008-026, §1, 2008, Ord. 2007-028 §1, 2007; Ord.2002-016 §9, 2002; 98-010 §1, 1998; Ord. 87-005
§1, 1987)
1.16.080. Code Enforcement Officials- Appointment Status.
The appointment of a county officer to enforce violations of county ordinances shall be continuous until
such appointment is revoked by the Board.
(Ord. 2002-016 §9, 2002; 87-005 §2, 1987)
1.16.090. Penalty for False Information on Noise or Animal Control Violation.
Any person who, in connection with the issuance of a complaint for a noise or animal control violation as
defined in DCC 8.08 or DCC 6.08 respectively, knowingly certifies falsely in the matters set forth therein,
commits a Class A violation.
(Ord. 2002-016 §9,2002; 98-010 §2,1998)
Page 4 of 4 - EXHIBIT "A" TO ORDINANCE 2008-026
Chapter 1.16 4 (/20M)
PAUL B. HEATHERlMAN
Of ColMsel:
ALISON iNISBET
October 29, 2008
PAUL HEATHS RMAN PC
ATTORNEYS AT LAW
OLD MILL DISTRICT
960 SW DISK DRIVE, SUITE 101 - P.O. BOX 8
BEND, OREGON 97702
PHONE: 541-389-1010
FAX: 541-382-6875
E-I`1AIL: mail@hei,dattorneys.com
Deschu s County Commissioners
130 W Wall St.
/B~, ,OR 97701
e: Text Amendment - Event Venues - Jim and Jodi Lopez
Dear Commissioners:
Paraledal:
LINDA KERR
HAND DELIVERED
As you know I represent the MUA landowners, Jim and Jodi Lopez. From the people who
spoke at the public hearing, the main issue seems to be noise. At that hearing, I introduced a
letter from Suntrack Sound stating that because the music was in an enclosed building, the
decibel count was less than that of a passing truck along Powell Butte Highway. So decibels are
not an issue due to the enclosed building (which should be required under the text amendment).
A couple of people spoke to an issue of bass, that thumping sound from subwoofers. If
that is what the objection is, that can be controlled. We propose a change to our proposed text
amendment: "All amplification devices shall not utilize subwoofers." That means no stand-alone
subwoofers or other subwoofers integrated into speakers. (See attached letter from Killer Whale
Audio addressing mitigation of subwoofer sounds).
Again, we are trying to be solution-based, rather than the opponents of this proposal, who
do not wish to compromise at all. As you know in this recession unemployment is rising, the
housing market has tanked and tourism is only squeaking by. I just learned that Black Butte and
Brasada resort just laid off many of its workers. The impact is already being felt throughout the
county.
Citizens look to their government for answers to economic problems. Government needs
to be creative, and act like a CEO. With over $40,000 per wedding of generated income into the
county, government needs to dovetail the wedding industry (which has operated successfully in
Bend for several years) with private venues.
Sincerely,
RECE ` ED
OCT 3 0 2003
DEUVERED By:
5 _-,sd~
PBH/ljk
c: Laurie Craghead, County Counsel
t4Zthony Raguine, County Planner
Paul B. Heatherman