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
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ANTHONY DEBONE, Vice Chair
ATTEST:
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ALAN UNGER, Commissioner
Recording Secretary
PAGE 1 OF 1-ORDER NO.2014-017
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� /-0. ..1/4 Road Department
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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
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1.
Cc: Lori Furlong,Code Enforcement
John Laherty, County Legal Counsel
Mike Martin,Road Department
George Kolb, County Engineer
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