No preview available
2014-482-Order No. 2014-017 Recorded 10/1/2014 t REVIEWED NANCY 2014.482 CLERK CJ 1014.481 i(Y1/ COMMISSIONERS' JOURNAL 10/01/2014 08:55:32 AM LEGAL COUNSEL IHuIiIIlIJIIIIIIIIIIIlIII liii 2014-48 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Requiring Removal of the Mountain View Stables Sign Located within the Right-of- * ORDER NO. 2014-017 Way at 65625 Old Bend-Redmond Highway. WHEREAS, Greg D. Cobb is determined to be the owner of a sign (Mountain View Stables) located within the right-of-way and clear zone of Old Bend-Redmond Highway at 65625 Old Bend-Redmond Highway, Bend OR 97701; and WHEREAS, the sign is located within the 10-foot clear zone contained within the Road Department's Roadside Safety Management Plan and therefore constitutes a hazardous object; and WHEREAS, the Road Department has no record of any permit authorizing placement of the sign in its current location; and WHEREAS, the Road Department has made numerous attempts to establish communication with the property/sign owner to achieve voluntary compliance, including two certified letters which have not resulted in any response communication from the owner; and WHEREAS, ORS 368.256 establishes a process to abate road hazards and recover costs from the person responsible for the hazard; now,therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. Mr. Greg D. Cobb, the person responsible for violation of ORS 368.256, shall remove the Mountain View Stables sign within 10 days of the date of this order. Section 2. If the sign is not removed in the time specified,the Deschutes County Road Department shall remove and dispose of the sign. Dated this of , 20/4 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, • ' GON /! `y, TAM : • " Y, C air• ait77 _ ANTHONY DEBONE, Vice Chair ATTEST: (12071/tAAL 64/V1--- ALAN UNGER, Commissioner Recording Secretary PAGE 1 OF 1-ORDER NO.2014-017 U�JTES edC. � /-0. ..1/4 Road Department r 1 `� 81150 SE 27th Si.•Bend,Oregon 97702 (541)388-6581 •FAX(541)388-2719 May 22,2014 Greg Cobb 65625 Old Bend Redmond HWY Bend,OR 97701 RE: ORDER TO ABATE ROAD HAZARD Dear Mr.Cobb: Pursuant to ORS 368.256, this letter constitutes an order of a Deschutes County road official requiring you to abate a road hazard. Specifically, the "Mountain View Stables" business sign you currently maintain in front of your property(a photo of which is attached below)encroaches upon the public right of way of the Old Bend-Redmond Highway. Additionally, the Deschutes County Roadside Safety Management Plan requires the County Road Department to keep a 10-foot "clear zone" on all collector and arterial roads, in order to allow a car that leaves the road to recover without striking a hazardous object. This 10-foot clear zone is measured from the fog (white) line. Your sign, which is eight (8) feet from the fog line of the Old Bend-Redmond Highway,is within the clear zone. We have made several attempts to communicate with you regarding this conflict. Our most recent attempt (registered letter dated April 21, 2014) has not resulted in any communication or action on your part. Unfortunately we now have to enter into a formal process to proceed with abatement of this hazard. By this letter, you are ordered to cure the above violations within fourteen(14)days from the date of this letter, by either removing the sign completely or moving it to a location that is outside of both the public right-of way and the clear zone of the Old Bend-Redmond Highway. If you fail to cure the above violations within the fourteen(14)day period provided,a hearing will be held before the Deschutes County Board of County Commissioners. At that hearing the Board of County Commissioners shall determine the person responsible for the violations and shall order such person to abate the violations within ten (10) days. If the person responsible does not comply with the Board of County Commissioner's order, the County may take any reasonable action to cure the violations including,without limitation,removal of the sign. Please note that if the County takes action to cure the violations, the Board of County Commissioners may assess the costs of such action to the person responsible for the violations in accordance with ORS 368.276. Those costs may then become a lien upon any real property the person owns within Deschutes County. As always, it is Deschutes County's preference that you cure the above-referenced violations voluntarily, without need for County action.To that end,your immediate compliance with this order would be greatly appreciated. 1 Sincerely, C Chris Doty,Director Deschutes County Road Department 61150 SE 27th Street Bend,OR 97702 Ph: (541)322-7105 chris.doty@deschutes.org , .411 . r,. 1. Cc: Lori Furlong,Code Enforcement John Laherty, County Legal Counsel Mike Martin,Road Department George Kolb, County Engineer 2