2015-542-Ordinance No. 2015-020 Recorded 12/24/2015 DESCHUTES
BLANKENSHIP, COUNTY CLERK �J ZV1� pi
NANCY •
COMMISSIONERS' JOURNAL 12/24/2015 12:34:59 PM
REVIEWED II II IIII IIIIIIIIIIIIIIII�II
Y 'M1'7 21 -5
LEGAL COUNSEI,
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Chapter 1.16, Code Violations and Enforcement,to * ORDINANCE NO. 2015-020
enable the County to not process land use
applications or building permits for properties with
existing code violations.
WHEREAS, the Deschutes County Board of County Commissioners ("Board") has received public
testimony during the 2014 update of the Code Enforcement Manual regarding land use applications for
properties with existing code violations; and
WHEREAS, the Deschutes County Community Development Department ("CDD"), at the direction of
the Board formed a stakeholders committee in January 2015 to review the issue and the committee made its
recommendations in May 2015; and
WHEREAS, CDD initiated a text amendment (Planning Division File 247-15-000491-TA) to the
Deschutes County Code, Chapter 22.20; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on October
22, 2015, and forwarded to the Board, a unanimous recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on November 23,
2015, and concluded that the public will benefit from the proposed changes to the Deschutes County Code
Chapter 22.20, Review of Land Use Applications, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section I. AMENDMENT. The Deschutes County Code, Chapter 1.16 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 strikethrough.
Section 2. FINDINGS. The Board adopts as its findings Exhibit "C," for Ordinance 2015-019.
PAGE 1 OF 2 -ORDINANCE NO.2015-020
Dated this � of o?_[_ , , 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCI LUTES COUNTY, OREGON
ANTHONY I EBONE, Chair
Cbl(A,A
ALAN UNGER, Vice Chair
TAM WY B ( 'Y, Co issioner
ATTEST:
Recording Secretary _,
Date of I St Reading: a day of /t)t�V: , 2015.
�r f �_ ^
Date of 2nd Reading:?? 5 day of ` , 2015.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone ✓
Alan Unger
�l �
Effective date:e9 g day o 1 C-1\-, 201
PAGE 2 OF 2-ORDINANCE NO.2015-020
Chapter 22.20.015 Code Enforcement and Land Use
(A) Except as described in (D) below, if any property is in violation of applicable land use
regulations, and/or the conditions of approval of any previous land use decisions or
building permits previously issued by the County, the County shall not:
1. Approve any application for land use development;
2. Make any other land use decision, including land divisions and/or property line
adjustments
3. Issue a building permit
(B)As part of the application process, the applicant shall certify:
1. That to the best of the applicant's knowledge, the property in question, including
any prior development phases of the property, is currently in compliance with
both the Deschutes County Code and any prior land use approvals for the
development of the property; or
2. That the application is for the purpose of bringing the property into compliance
with the Deschutes County land use regulations and/or prior land use approvals.
(C)A violation means the property has been determined to not be in compliance either
through a prior decision by the County or other tribunal, or through the review
process of the current application, or through an acknowledgement by the alleged
violator in a signed voluntary compliance agreement("VCA").
(D)A permit or other approval, including building permit applications, may be authorized
if:
1. It results in the property coming into full compliance with all applicable
provisions of the federal, state, or local laws, and Deschutes County Code,
including sequencing of permits or other approvals as part of a voluntary
compliance agreement:
2. It is necessary to protect the public health or safety;
3. It is for work related to and within a valid easement over, on, or under the
affected property; or
4. It is for emergency repairs to make a structure habitable or a road or bridge to
bear traffic
(E) Public Health and Safety.
1. For the purposes of this section, public health and safety means the actions
authorized by the permit would cause abatement of conditions found to exist on
the property that endanger life, health, personal property, or safety of the
residents of the property or the public.
1
Exhibit A—247-15-000491-TA(Code Enforcement and Land Use)
2. Examples of that situation include, but are not limited to issuance of permits to
replace faulty electrical wiring, repair or install furnace equipment: roof repairs:
replace or repair compromised utility infrastructure for water, sewer, fuel or
power; and actions necessary to stop earth slope failure.
2
Exhibit A—247-15-000491-TA(Code Enforcement and Land Use)