2009-1467-Ordinance No. 2009-022 Recorded 9/18/2009COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 1009.1461
REVIEWED
COMMISSIONERS' JOURNAL 09/18/2009 03;16;16 PM
LEGAL COUNSEL 1111111111111111111111111111111
2009-3467
BEFORE THE PEOPLE OF DESCHUTES COUNTY, OREGON
An Ordinance Providing for a Variance from
Ordinance 2008-019 for the Replacement of * ORDINANCE NO. 2009-022
Dwellings for Low Income Property Owners Due
to Catastrophic Events and Declaring an
Emergency.
WHEREAS, on June 11, 2008, the Board of County Commissioners (`Board") adopted Ordinance
2008-019 requiring the installation of nitrogen-reducing onsite wastewater treatment systems for certain
property owners within South Deschutes County; and
WHEREAS, since the adoption of Ordinance 2008-019, the Board learned of hardship situations that
would make the implementation of Ordinance 2008-019 extremely difficult, if not impossible for the property
owner; and
WHEREAS, the Board finds that it is in the public interest to allow a variance to Ordinance 2008-019 in
cases where strict compliance with the ordinance poses an extreme hardship for the property owner and where
other potential sources for financial assistance have been exhausted; now, therefore,
THE PEOPLE OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows:
Section 1. Definitions.
A. "Median income" means the level of household income defined as median for Central
Oregon by the United States Housing and Urban Development Department.
B. "Catastrophic event" means an event such as a fire, flood, storm, the destruction by a
vehicle or aircraft, criminal act by someone other than the property owner, or other
similar event.
Section 2. The Community Development Department ("Department") Director ("Director") or, if on
appeal, the Board, may authorize a variance from the requirements of Ordinance 2008-019.
Section 3. Applications to the Department for variances shall be submitted on a form specified by the
Department.
Section 4. The application must:
A. State fully the grounds for the variance and the facts relied upon by the applicant and
must demonstrate how strict compliance with the standard is impracticable.
B. State all other opportunities for financial assistance investigated in a good faith attempt
to comply with Ordinance 2008-019.
Section 5. The variance may be granted in the following situation:
PAGE 1 OF I- ORDINANCE N0.2009-022 (09/16/09)
A. The applicant's current household income is at or below 80% of the median income;
B The entire or a portion of the dwelling must be replaced because the entire or portion of
the original dwelling was destroyed or damaged by a catastrophic event, and if as a
result of the damage a septic review is required, and the septic review indicates that a
modification or improvement to the septic system is required that would require an
upgrade to a nitrogen reducing system; and
C. The applicant demonstrates that no other opportunities are available for financial
assistance that would allow the applicant to comply with Ordinance 2008-019.
Section 6. The burden of proof rests on the applicant.
Section 7. The Director's decision may be appealed to the Board by filing a completed notice of appeal,
on a form prescribed by the Director, no later than 5:00 PM on the twelfth day following the mailing of the
Director's decision.
Section 8. 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.
A
DATED this V day of , 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
obw~~2
TAMMY BANEY, CHAIR
2L
DE IS R. LUKE, VICE--CHAIR
ALAN UNGER, COMMISSIONER
/166
Date of I" Reading: Xday of av,91t- , 2009.
Date of 2"d Reading: e--day of 12009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney ✓
Dennis R. Luke
Alan Unger L-1
Effective Date: 4 day of 52009
ATTEST: ,
(Sn(4~ PAGE 2 OF 7, ORDINANCE NO. 2009-022 (09/16/09) 7