Loading...
2020-410-Ordinance Recorded 12/10/2020IEWED LEGAL COUNSEL Recorded in Deschutes County C J2020_410 Nancy Blankenship, County Clerk Commissioners' Journal 12/10/2020 2:26:22 PM Cc�2' II�IIIII�I'�II'II�I�II��IIII'll o 2020-410 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending/Enacting Identified Sections of Deschutes County Code * ORDINANCE NO.2020-005 * WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through ordinance by Deschutes County and the Deschutes County Board of Commissioners; and WHEREAS, from time to time the need arises to make amendments to the DCC, including housekeeping amendments to comply with applicable state law, and to clarify ongoing applications; and WHEREAS, County staff have identified a number of housekeeping -type amendments that will bring the DCC into alignment with county practices and related ORS provisions; and WHEREAS, the Board of County Commissioners of Deschutes County considered these amendments/enactment at a duly noticed public hearing on December 2, 2020, and concluded that the public and county operations will benefit from the proposed changes and enactment to the identified sections of DCC; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENTS / ENACTMENT. The identified sections of DCC, as listed in Exhibit A are amended and/or enacted to read as described in Exhibit B attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted identified in the margins. PAGE 1 OF 2 - ORDINANCE NO.2020-005 Section 2. EMERGENCY. An emergency is declared and the actions authorized herein take effect as of January 1, 2021. Dated this of 2020 ATTEST: �L /� Rteardlffg Secretary BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON PATTI ADAIR, Chair Date of I" Reading: day of , 2020. Date of 2nd Reading: day of , 2020. Record of Adoption Vote Commissioner Yes No Abstained Excused Patti Adair Anthony DeBone Philip G. Henderson Effective date: day of , 202J ATTEST Recording Secretary PAGE 2 OF 2 - ORDINANCE NO.2020-005 EAR (Ordinance No. 2020-005) Summary of Amendments to DCC: DCC Summary 1.01 formatting; responsibility 1.04 updated definitions 1.08 conformance with ORS 1.12 conformance with ORS 1.16 clarifications 1.17 clarify code enforcement hearing process 2.05 clarify limits on Administrator authority 2.36 conformance with ORS; clarify Health Department Director fiscal authority 2.37 clarify Health Director fiscal authority 4.06 conformance with ORS 4.12 clarify existing procedures 4.32 clarify status; update list of cities 5.08 clarify existing procedures 6.04 clarify existing procedures 6.08 conformance with ORS 6.12 conformance with ORS 8.08 conformance with ORS 9.04 MJ exception 9.12 MJ exception 9.16 ORS citation typo 10.05 reference correction 10.06- recognize removal of restrictions on Skyliners Road ` 1 11.04 clarify existing procedures 11.08 clarify existing procedures _updated definitions 12.08 clarify r-o-w operations 12.12 clarify utility within r-o-w 12.16 clarify utility guidelines 12.20 clarify utility guidelines 12.28 clarify access provisions 12.35 clarify existing procedures 12.40 Planning to Community Development Department 12.48 correct title 12.52 clarify existing procedures 13.04 conformance with ORS 13.12 conformance with ORS 13.16 conformance with ORS 13.36 M1 exception 13.44 adoption of Cable Franchise Code 2 XHMD I Dal (Ordinance No. 2020-005) Chapter 1.01. CODE ADOPTION 1.01.010. Adoption of Deschutes County Code. 1.01.011. Deschutes County Code Review. 1.01.012. Review Procedure. 1.01.015. Form and Style Manual. 1.01.020. Name of Code -References. 1.01.030. Code References Apply to All Amendments. 1.01.040. Title, Chapter and Section Headings. 1.01.050. Effect of Code Adoption. 1.01.060. References to Documents as Code Provisions. 1.01.070. Prosecutions, Collections and Other Acts Unaffected. 1.01.080. Constitutionality. 1.01.090. Codification. 1.01.095. Existing liabilities. 1.01.010. Adoption of Deschutes County Code. Hereby adopted is the Deschutes County Codq, _ The code shall include all existing and subsequent_ _ - amendments. Ljpdates of the code will beprepared and published in the appropriate fonnat(s� as require (Ord. 2020-005 § I, 2020. Ord. 95-026 § 1, 1995; Ord. 87-014 § 1, 1987) 1.01.011. Deschutes County Code Review. A. It is policy of Deschutes County Board of Commissioners to provide an accurate, current code. B. To implement this policy,,County Lea shall be responsible for all edits to the Deschutes County Form and Style Manual. ----- --------------------- C. Bounty Le a Is responsibilities shall include Deschutes County_ employee education and training_on_ --------------------- code publication procedure and maintenance of the Deschutes County Form and Style Manual. (Ord 2020-005 §1, 2020; Ord. 2007-030 §1, 2007; Ord. 95-026 §1, 1995) 1.01.012. Review Procedure. A. All codes will be in one automated fonnat which will allow all proposed changes to codes to be prepared on disk or online directly from an up-to-date codified code. B. The proposed ordinance will then be submitted to County Legal for content and format review. J _ - Deleted: Counsel C. Upon approval by County Lega( an agenda request is s_u_bmi_tted_to the Board of County Cotru_n_is_sio_n_er_s _ _ -[Deleted: Counsel for Board review and approval/denial.—...—._ D. If approved by the Board, then the code is codified by County Legal,4nd published at the designated site _ - fDeleteck&unsei ----- ----- (to include a link on the County's website). E. If denied, the code remains unaltered. (Ord. 2020-005 §1.2020; Ord. 2007-030 §1, 2007; Ord. 2002-003 §1, 2002; Ord. 95-026 §1, 1995) 1.01.015. Form and Style Manual. The Deschutes County Form and Style Manual is hereby adopted as the uniform system governing the form and style of Deschutes County legal documents. (Ord. 95-026 § 1, 1995) cDeleted:l0 Deleted: a -� Chapter 1.01 1.01.020. Name of Code -References. A. This code shall be known as the "Deschutes County Code," and it shall be sufficient to refer to such code as the "Deschutes County Code" or "DCC" in any prosecution for the violation of any provision thereof or in any proceeding at law or in equity. B. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the Deschutes County Code. C. Further reference may be had to the titles, chapters, sections and subsections of the Deschutes County Code, and such reference shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 2020-005 § 1, 2020; Ord. 2007-030 § 1, 2007); Ord. 87-014 §2, 1987) 1.01.030. Code References Apply to All Amendments. Whenever a reference is made to this code as the 'Deschutes County Code," or to any portion thereof, or to any ordinance, order or resolution of Deschutes County, Oregon, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now and hereafter made. (Ord. 87-014 §3,1987) 1.01.040. Title, Chapter and Section Headings. Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 87-014 §4, 1987) 1.01.050. Effect of Code Adoption. The provisions of this code shall not in any manner affect matters of record which refer to or are otherwise connected with ordinances, orders and resolutions, which are therein specifically designated by number or otherwise, and which are included within the code, but such references shall be construed to apply to the corresponding provisions contained within this code. (Ord. 87-014 §5, 1987) 1.01.060. References to Documents as Code Provisions. The following ordinances, passed subsequent to Ordinance 86-049, but prior to the adoption of this code, to the extent they have not been subsequently amended or repealed, are hereby adopted and made a part of this code: Ordinances 86-051, 86-060, 86-063, 86-066, 86-068, 86-069, 86-071, 86-072, 86-073, 86-075, 86-076, 86-077, 87-001, 87-003, 87-004, 87-005, 87-006 and 87-007. (Ord. 2007-030 § 1, 2007; Ord. 87-014 §6, 1987) 1.01.070. Prosecutions, Collections and Other Acts Unaffected. A. Neither the adoption of this code nor the repeal nor amendments hereby of any ordinance, order or resolution, or part or portion thereof, shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof. B. The adoption of the code or the repeal or amendments hereby of any ordinance, order or resolution, or part or portion thereof, shall not be construed as a waiver of any license, fee or penalty at such effective date due and unpaid under such ordinances, orders or resolutions, C. The adoption of the code or the repeal or amendments hereby of any ordinance, order or resolution, or part or portion thereof, shall not be construed as affecting any of the provisions of such ordinances, Deleted: to Deleted: 07 Chapter 1.01 2 orders or resolutions relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof. D. The adoption of the code or the repeal or amendments hereby of any ordinance, order or resolution, or part or portion thereof, shall not affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, order or resolution, and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 2007-030 §1, 2007; Ord. 87-014 §7, 1987) 1.01.080. Constitutionality. A. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of any remaining portion or portions of this code, unless: 1. The code section, subsection, sentence, clause or phrase provides otherwise; 2. The remaining part or parts are so essentially and inseparably connected with and dependent upon the unconstitutional or invalid part that it is apparent that the remaining part or parts would not have been enacted without the unconstitutional or invalid part; or 3. The remaining part or parts, standing alone, are incomplete and incapable of being carried out in accordance with the board's intent. B. If for any reason this entire code should be declared invalid or unconstitutional, then the original ordinances, orders and resolutions shall be in full force and effect. (Ord. 87-014 §8, 1987) 1.01.090. Codification. _ A. County Legal zshall have the authority to codify adopted ordinances in a manner that will integrate them - Deleted: Counsel into the County Code consistent with the prescribed form and style for ordinance codification. B. The codification may include format changes, changes in code numbering systems and cross- referencing systems and other, similar non -substantive changes. C. As part of codification process, County Legajjmay insertappropriate legislative history references_. , - Deleted: Counsel D. Legislative history references are included for administrative convenience and not as part of the substance of the ordinance or code. E. The text of this code or any adopting ordinance may be corrected by County Legal,to cure editorial and _ - Deleted: Cwnwl clerical errors. D. Codification changes authorized under this section are intended to be non -substantive in nature and may be made without action of the Board. (Ord. 2020-005 1, 2020: Ord. 2007-030 §1, 2007; Ord. 98-065 §1, 1998; Ord. 97-056 §1, 1997; 93-010 §1, 1993) 1.01.095. Existing Liabilities. The repeal, express or implied, of any ordinance, ordinance provision, code section, or any map or line on a map by any ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred under such ordinance, unless a provision of the ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the propose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who violated the repealed ordinance. (Ord. 97-056 §2, 1997) _ Deleted: 10 Deleted: 07 Chapter 1.01 Chapter 1.04. GENERAL PROVISIONS 1.04.010. Definitions. 1.04.020. Grammatical Interpretation. 1.04.030. Interpretation of Language. 1.04.040. Title of Office. 1.04.050. Acts by Agents. 1.04.060. General Construction. 1.04.070. Reference to Other Ordinances. 1.04.080. Computation of Time. 1.04.090. Effect of Repeals. 1.04.100. Prohibited Acts Including Causing and Permitting. 1.04.110. Severability. 1.04.010. Definitions. The following words and phrases, whenever used in this code shall be construed as defined as set forth in DCC 1.04.010, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. "Abate" means to stop or cause to end. "Adult" means a person eighteen years of age or older. "Alfalfa" means the community known by that name located east of Bend in Deschutes County, Oregon. "Agent" means a person who acts for another. ffi "Animal control" means the animal control unit of the Deschutes County Sheriffs Oc and its_activiti_es - - Deleted: Depu u t related to the control of anitnals in Deschutes County. "Annual" means yearly. "Applicant" or "application" means the person who applies, and the process for applying, for a franchise, license, permit or other benefit or privilege given by the County. "Assessor" means the elected Deschutes County Assessor and the Nsessor's Offtc _ _ _ _ _ - _ _ _ _ _ - - Deleted: a "Behaviorial health" means the behaviorial health section of the Deschutes County Health Department. Deleted: depaitment "Bend" means the incorporated City of Bend, in Deschutes County, Oregon. "Board" means the Board of County Cotmmissioners of Deschutes County, Oregon. "Bond" means an amount of money paid to guarantee the performance of an obligation, or an interest -bearing certificate of indebtedness. "Brothers" means the cotmmunity known by that name located in the southeastern section of Deschutes County, Oregon. "Chair" or "chairman" or "chairwoman" means the chairperson of the Board of County Commissioners of Deschutes County, Oregon. "Child" or "children" means a person or persons under the age of 18 years. "Claim" means a demand for or an assertion of the right to something belonging to a person. �eleted: 04 _� Deleted_03 Chapter 1.04 1 0420W 1' "Clerk" means the elected Deschutes County Clerk and the Clerk's Offic - - - Deleted: c "Commission" means the Board of County Commissioners of Deschutes County, Oregon. Deleted: department "Cormnissioner" means one of the elected members of the Board of County Cormmissioners of Deschutes County, Oregon. "Community development" means the department of Deschutes County consisting of the planning, building — —� safety. code enforcement and environmental soil divisions. - Deleted: neauh "Complaint" means a grievance expressed by a person, orally or in writing. "Confidential" means not subject to public disclosure. "Contract" means arkagreement (tvpical written between two or more persons toperf -- certain acts for - --- - - - - -- - - Deleted: w,;iten - — consideratiOm, ._ _. _ - - - - - - — - - Deleted: mpensation "Corrections" means the corrections unit of the Deschutes County Sheriffs Office. and its activities related - -- ---------- - - eleted: Depamnent D to the Deschutes County Adult Jail and its inmates. "County" means Deschutes County, Oregon. "County Legal" means the county department headed by the appointed Legal Counsel and which provides legal advice to the Commissioners county officers and employees, and county departments, including the District Attor•ney's Office in conformance with ORS 30.285(7) and all countyservice distticts. "Court" means any of the courts of the State of Oregon. "Culver" means the community known by that name located in Jefferson County, north of Terrebone - - - - -- _ - D lee ted: Bend in Deschutes County, Oregon "Data processing" means the unit of the Deschutes County Administrative Services Department providing data processing service for Deschutes County. "Day" means a calendar day. "Deputy" means a person appointed by an elected official of Deschutes County as a substitute for the elected official with designated power to act in the elected official's place. "Deschutes County" means Deschutes County, Oregon. "Detention" means the holding of a person in the custody of Deschutes County. "Director" means an employee of Deschutes County who serves under the Board of County Commissioners as the administrative head of a county department. "District" means a geographic area within Deschutes County, or which includes area in Deschutes County and one or more contiguous counties, established as a political subdivision under state law to carry out one or more public functions, such as a vector control district. "District Atorney" means the elected Deschutes County District Attorney and the District M_ omey's Of- i \ - --- - - - - -- - - Deleted: a ----- --- "Elections" means the division of the Deschutes CountyClerk's ffice res onsible for administerin \ \ ,Q---p- administering --, Deleted: d - elections within Deschutes County. Deleted: a Deleted: aepaitment "Elector" means a person registered to vote in Deschutes County. Deleted: Deparnnent "Employee" means a person employed for compensation. "Federal" means relating to the government and laws of the United States. "Following" means the next after. Deleted: 04 Deleted:03 Chapter 1.04 2 (142QWJ✓ "Foreclosure" means a legal procedure by which a persons interest in real property is extinguished for failure to perform an obligation. "Forfeiture" means a legal procedure by which a person's property is confiscated. "Hampton" means the cone munity known by that name located in the southeastern sector of Deschutes County, Oregon. "Hazardous" means actually or potentially harmful. "Health" or "health department" means the Deschutes County Health Department. "Hearings Officer" means the person appointed by the Board of County Commissioners of Deschutes County to conduct hearings and issue written decisions concerning designated disputes involving the interpretation or application of the law of Deschutes County. "Human Resources" means the county department responsible for administering the countv's personnel and human resources matters. "Jail" means the Deschutes County Adult Jail. "Juvenile" means a person under the age of 18 years. "Juvenile department" means the Department of Deschutes County responsible for providing services to the Deschutes County Juvenile Court and juveniles who come before the court. "La Pine" means the incorporated city located.in Deschutes County, Oregon.- - - - - - - - - - - - - - - - __ _ - - Deleted: community known by that name "Law" means applicable provisions of the United States and Oregon Constitutions, the United States Code, Dele - Bend the Oregon Revised Statutes, the ordinances of Deschutes County and, when appropriate, rules and regulations which may be promulgated thereunder. "Law library" means the Deschutes County Law Library. "Lease" means a written contract by which a person conveys to another person interest in property for a specific period of time. "Legal Counsel" means the person appointed by the Board of County Commissioners of Deschutes County to provide legal advice to the Commissioners county officers and employees and county departments including the District Attorney's Office in conformance with ORS 30.285(7) and all county service districts ; _ Deleted: the board and county officer and employees, and the "Legal documents" means all documents presented for Board review and/or approval. legal counsel's department. "Legislature" means the Legislative Assembly of the State of Oregon. "Library" means the Deschutes County Library. "License" means a written document which gives a person permission for an activity or use specified in the license. "Lien" means a security interest placed on property to guarantee the satisfaction of a debt. "Livestock" means animals kept or raised for use or profit. "May" means permissive and is the opposite of "shall." "Meeting" means the convening of the Board of County Commissioners of Deschutes County, or any - _ - Deleted: °Mental health means the mental health section of the committee established for the purpose of advising the board, in order to make a decision or recommendation Depan,nent oexuman se ;ces of Deschntes County or to deliberate toward a decision or recommendation. "Millican" means the community known by that name located southeast of Bend in Deschutes County, [Deleted: 04 Oregon. Deleted: 03 Chapter 1.04 3 "Minor" means a person under 18 years of age. "Month" means a calendar month. "Motor vehicle" means any vehicle that is self-propelled or designed for self -propulsion. "Notice" means written announcement of a fact, action or event. "Nuisance" means a condition which creates a hazard to the health and safety of the public, or which creates offensive noise, odors or is unsightly. "Oath" means an affirmation or declaration by a person of the truth of what is said or written. "Occupant" means a person who physically occupies a place. "Officer" or "official" means a person who holds a Deschutes County Office._ - _ - - - _ - - — - - Deleted: o "Order" means a written directive or command of the Board of County Commissioners of Deschutes County. "Ordinance" means a written decree adopted by the Board of County Commissioners of Deschutes County setting forth the law of Deschutes County. "Oregon" means the State of Oregon. "Owner" means any person who has title to property, and includes any part owner, joint owners, tenant in common, joint tenant and tenant by the entirety. "Permanent" means existing or intended to exist indefinitely, and is the opposite of "temporary." "Permit" means a written document giving permission for an activity or use specified in the permit. "Person" means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, firm, trust, organization, agency or the manager, lessee, agent, servant, officer or employee of any of them. "Personal property" means all chattels and movables, such as boats and vessels, merchandise and stock in trade, furniture and personal effects, goods, livestock, vehicles, fanning implements, movable machinery, movable tools and movable equipment. Planning" means the planning divisiorL within the Deschutes County Community Development _ ---- ------ ------- - - - - -- ---- --- - Departlrient. " - Deleted: "personnel" means the unit of the Deschutes County Administrative Services Department responsible for administering the county's personnel matters.¶ "Planning Commission" means the Deschutes County Planning Cormnission. Deleted: epartment "Preceding" means the next before. "Private" means accessible or belonging to a person or persons, and is the opposite of "public." "Property" means real and personal property. "Public" means accessible or belonging to all members of the community, and is the opposite of "private." "Public Works" means the department of Deschutes County consisting of the road maintenance, equipment maintenance,, survey and en rneeriri divisions. _ _ _ — — — _ — Deleted: solid waste "Real property" means land, buildings, structures, improvements and fixtures, mines, [minerals, quarries, vegetation, timber and water rights. "Record" means an official document which records official acts, or the act of creating such a record. Deleted: N Deleted :03 -- —� n Chapter 1.04 "Redmond" means the incorporated City of Redmond in Deschutes County, Oregon. "Resident" means a person who lives or dwells in a place continuously and permanently. "Resolution" means a written decree of the Board of County Commissioners of Deschutes County expressing the Board's will or intention with respect to the subject of the resolution. "Road," "street" or "highway" means any open way for vehicles or persons, including all streets, highways, avenues, lanes, alleys, courts, places or other public ways which have been or may be dedicated and open to public use. "Sanitarian" means the person appointed by the Board of County Commissioners of Deschutes County who is responsible for supervising and assuring environmental sanitation with the county, including sanitation in public accommodations, wells, septic tanks and drainfields. "Search and rescue" means the search and rescue unit of the Deschutes County Sheriffs Office - - M.W. Departure"t "Shall" means mandatory and is the opposite of Tray." "Sheriff' means the electedieriff of Deschutes County and theieriffs Office _ _ _ _ _ _ _ _ _F \ ` Deleted: s "Sidewalk" means that portion of a street or road between the curbline and the adjacent property line Deleted: s Deleted: department intended for the use of pedestrians. "Sisters" means the incorporated City of Sisters in Deschutes County, Oregon. "Solid Waste Department" means the department of Deschutes County that operates the county landfill site and associated facilities. "State" means the State of Oregon. "Sunriver" means the unincorporated cormnunity known by that name located south of Bend in Deschutes County, Oregon. "Tax" means moneys levied by Deschutes County against real and personal property and businesses within Deschutes County to provide revenue for the operation of county government and the provision of county services. "Tax collector" means the person appointed by the Board of County Commissioners of Deschutes County to collect taxes and the tax collector's department. "Temporary" means existing or intended to exist for a limited time, and is the opposite of "permanent." "Tenant" means a person who occupies a place belonging to another person for a specific period of time through a lease, rental agreement, license or similar arrangement. "Terrebonne" means the community known by that name located north of Redmon in Deschutes County, - - Deleted: Bend Oregon. "Treasurer" means the elected treasurer of Deschutes County and the Treasurer's Office, _ - Deleted: r "Tumalo" means the community known by that name located north of Bend in Deschutes County, Oregon. Deleted: departure"r "Urban growth boundary" means the boundary established in the Deschutes County Comprehensive Land Use Plan for urban development in and around each of the incorporated cities within Deschutes County. "User" means a person who employs or makes use of a place or thing. "Veterans' Services" means the Deschutes County department which provides services to veterans residing in Deschutes County. Deleted: 04 J "Violation" means a violation of a Deschutes County code provision or ordinance punishable by a fine. Deleted: 03 Chapter 1.04 5 "Warrant" means a written document which authorizes the payment of money by the county to a person, or which evidences the existence of a lien held by the county against the property of a person. "Waterrnaster" means either the person appointed by the Board of County Commissioners of Deschutes County, Oregon, who is responsible for regulating the distribution of water within Deschutes County according to water users' existing recorded water rights or the Rerson(s) appointed pursuant to intergovernmentalaaeement with the State of Oregon. "Wickiup Junction" means the community known by that name located south of Bend in Deschutes County, Oregon. "Written" means produced in permanent visible form, including printed, typewritten, scanned, mimeographed, photocopied, or handwritten in ink. "Year" means a calendar year. (Ord. 2020-005 § 1, 2020; Ord. 2003-021 § 1, 2003; Ord. 95-026 § 1, 1995; Ord. 86-049 § 1, 1986) 1.04.020. Grammatical Interpretation. The following grammatical rules apply to the ordinances of the county, unless it is apparent fiom the context that a different construction is intended: A. Gender. Each gender includes the masculine, feminine and neuter genders. B. Singular and Plural. The singular number includes the plural and the plural includes the singular. C. Tenses. Words used in the present tense include the past and future tenses and vice versa. (Ord. 95-026 § 1, 1995; Ord. 86-049 §4, 1986) 1.04.030. Interpretation of Language. All words and phrases not specifically defined in this title or elsewhere in this code shall be construed according to the common and approved usage of the words or phrases. However, technical words and phrases and such others as may have acquired a particular meaning in the law shall be construed and understood according to such particular meaning. (Ord. 95-026 §1, 1995; Ord. 86-049 §3, 1986) 1.04.040. Title of Office. Use of the title of any officer, department head, employee, department, division, committee or commission means that officer, department head, employee, department, division, committee or commission of the County. (Ord. 95-026 §1, 1995; Ord. 86-049 §2, 1986) 1.04.050. Acts by Agents. When an act is required or prohibited by an ordinance of the county, and the act is such that it may be performed by an agent, such requirement or prohibition shall be construed to include all such acts performed by an agent as well as by the person for whom the agent acts. (Ord. 95-026 § 1, 1995; Ord. 86-049 §5, 1986) 1.04.060. General Construction. The ordinances of the County, and all proceedings under them, are to be construed in order to carry out their objectives and to promote justice. (Ord. 95-026 §I, 1995; Ord. 86-049 §8, 1986) D.I.W. 04 Deleted:03 Chapter 1.04 6 1.04.070. Reference to Other Ordinances. When one ordinance refers to another, the reference shall extend to or include, in addition to the ordinance to which reference is made, all amendments thereto or ordinances adopted in lieu thereof, unless a contrary intent is expressed specifically, or unless the amendment to, or ordinance adopted in lieu of, the ordinance referred to is substantially different fiom the provisions of the ordinance to which reference was originally made. (Ord. 95-026 § 1, 1995; Ord. 86-049 § 11, 1986) 1.04.080. Computation of Time. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday, legal holiday or any day on which the county is not open for business pursuant to a county ordinance, in which case it shall also be excluded. (Ord. 95-026 § 1, 1995; Ord. 86-049 §7, 1986) 1.04.090. Effect of Repeals. The repeal of an ordinance of the County shall not repeal any repealing clause of such ordinance or revive any ordinance which has been repealed thereby. The repeal of such ordinance shall not release or extinguish any nuisance, penalty, forfeiture or liability incurred under such repealed ordinance, and such repealed ordinance shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the abatement of such nuisance, or the enforcement of such penalty, forfeiture or liability. (Ord. 95-026 §1, 1995; Ord. 86-049 §9, 1986) 1.04.100. Prohibited Acts Including Causing and Permitting. Whenever in this code any act or omission is made unlawful, the unlawful conduct shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 95-026 § 1, 1995; Ord. 86-049 §6, 1986) 1.04.110. Severability. It shall be considered the intent of the board that in the enactment of any ordinance, if any part of the ordinance is found to be unconstitutional or invalid by a court of competent jurisdiction, the remaining parts of the ordinance shall remain in force unless: A. The ordinance provides otherwise; B. The remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional or invalid part that it is apparent that the remaining parts would not have been enacted without the unconstitutional or invalid part; or C. The remaining parts, standing alone, are incomplete and incapable of being carried out in accordance with the Board's intent. (Ord. 95-026 § 1, 1995; Ord. 86-049 § 10, 1986) Deleted: 04 Deleted:03 Chapter 1.04 7 Chapter 1.08. COUNTY POWERS 1.08.010. Power Over Matters of County Concern. 1.08.020. General Powers. 1.08.025. Code Enforcement Powers; Designation. 1.08.030. Limitations. 1.08.010. Power Over Matters Of County Concern. In addition to the authority and powers granted to the County under the Constitutions of the State of Oregon and of the United States, the County shall have authority within the County over matters of county concern to the fullest extent allowed by the Constitutions and laws of the State and of the United States, as fully as if each particular power comprised in that general authority were specifically set out in DCC 1.08. (Ord. 86-047 § 1, 1986) 1.08.020. General Powers. In addition to the authority and powers granted to the County under the Constitutions and laws of the State and of the United States, and the general powers enumerated in ORS 203.010, the County shall have the following general powers: A. To employ and pay necessary agents and employees and contract for personal services. B. To construct, reconstruct, alter, enlarge, replace, exchange, operate and maintain facilities. C. To permit the use, by lease, license or otherwise, of any real or personal property of the county. D. To acquire, purchase, lease or contract by gift, devise, condemnation or otherwise, such real and personal property and rights of way as are, in the judgment of the Board of County Commissioners, necessary for the proper exercise of the powers of the county. E. To issue bonds and borrow money. F. To call elections. G. To fix charges for services and materials furnished by the county. H. To make assessments. I. To make and enforce necessary regulations, designate violations, impose penalties and restrain nuisances. J. To vacate, sell or transfer real property and rights of way no longer necessary for use by the County or the public. K. To loan money, accept collateral, foreclose security interests and expend money to protect security interests. (Ord. 2003-021 §2, 2003; Ord. 95-032 § 1, 1995; Ord. 86-047 §2, 1986) 1.08.025. Code Enforcement Powers; Designation. In addition to the authority and powers granted to the County by ORS Chapter 153, and any other provisions of the Deschutes County Code, and upon authorization of the supervising department head/elected official, the county job classifications listed below shall be deemed a "civil code enforcement officer" for purposes of DCC and ORS and shall have full authority to issue and prosecute any and all citations for violations of the Deschutes County Code: A. Field Law Enforcement Technician; B. Code Enforcement Technician; C. Building Official; Deleted: os D. Assistant Building Official; Deleted: 14 Chapter 1.08 1 (K4204_° E. Forester; F. Sanitarian/Environmental Health Specialist; G. Community Development Director; H. Planning Manager/Planning Director/Planner; 1. Legal Counsel; and J. Assistant Legal Counsel (Ord. 2020-005 � 1, 2020; Ord. 2014-105 § 1, 2014) 1.08.030. Limitations. Nothing in DCC 1.08 shall be deemed to limit or otherwise modify any power or authority otherwise granted to the County by the Constitutions and laws of the State of Oregon and of the United States of America. (Ord. 86-047 §3, 1986) (Deleted:08 Deleted: 14 -- ----- Chapter 1.08 2 «1 202 - 4. 1/ Chapter 1.12. ELECTIONS 1.12.010. Purpose. 1.12.020. County Measures Included in State Voters' Pamphlet. 1.12.030. Preparation of Ballot Titles and Explanatory Statements. 1.12.040. Judicial Review of Ballot Titles and Explanatory Statements. 1.12.050. Argument Favoring or Opposing Measures. 1.12.060. Filing of Material With Secretary of State. 1.12.010. Purpose. The purpose of DCC 1.12 is to allow inclusion of county measures, ballot titles and explanatory statements therefor, and arguments relating thereto in the state voters' pamphlet in accordance with ORS 251.285 and these provisions. (Ord. 95-026 §1, 1995; Ord. 84-024 §1, 1984) 1.12.020. County Measures Included in State Voters' Pamphlet. A county measure shall qualify for and be subject to the provisions of DCC 1.12 and ORS Chn. 25 konly if: , - 4 Deleted:.285 A. The measure is to be submitted to the electors at an election for which a state voters' pamphlet is printed. B. All procedures set for in DCC 1.12 relating to the preparation of the ballot title and to the explanatory before 7q°h day before the election or Deleted: s statement for the measure, have been completed on or the general , - the 681" day before, a,special election held on the date of any rirrlan ; election at which the measure is to Commented INBIJ: oxs 251.285(5) and the same as in be submitted to the electors. 1.12.060. C. In the case of a measure proposed by initiative or referendum petition: Deleted: the 1. All chief petitioners indicate their decision to include the measure, its ballot title, explanatory Deleted: or statement and arguments in the state voters' pamphlet by filing with the County Clerk a statement of that decision, in such form as the clerk shall prescribe, at the time the prospective petition for the measure is filed with the clerk. 2. A petition containing sufficient numbers of qualified signatures to require submission of the measure to the electors is filed with the clerk on or before the 90" day preceding the election at which the measure is to be submitted to the electors. D. In the case of a measure referred to the electors by the Board, the Board indicates its decision to include , - Deleted' b the measure, its ballot title, explanatory statement and arguments in the state voters' pamphlet, by filing with the clerk its order reflecting that decision on or before the 85' day preceding the election at which the measure is to be submitted to the electors. E. In the case of any county measure supported or opposed by a political committee, as defined in ORS 260, such committee indicates its decision in a statement signed by every committee director, as defined in ORS 260, and files such statement with the clerk on or before the 80" day preceding the election at which the measure is to be submitted to the electors. (Ord. 2020-005 &1, 2020: Ord. 95-026 §1, 1995; Ord. 84-024 §2, 1984) 1.12.030. Preparation of Ballot Titles and Explanatory Statements. A. In the case of a measure proposed by initiative or referendum petition, upon the filing of the prospective petition, the Clerk shall convey two copies of the prospective petition to the District attomey who shall, within five days after receiving it, prepare a ballot title and explanatory statement for the measure and — Deleted: to ---_� Deleted: 01_ Chapter 1.12 return a copy of the prospective petition, together with the ballot title and explanatory statement to the Clerk and to one of the chief petitioners. B. In the case of a measure referred to the electors by the Board which will be voted upon at an election for which there is a state voters' pamphlet, the board shall file with the Clerk a ballot title and explanatory statement for the measure at the time it files the order described in DCC 1.12.020(D). C. Ballot titles shall consist of: 1. A caption of not more than ten words which reasonably identifies the subject of the measure; 2. A question of not more than 20 words which plainly phrases the chief purpose of the measure so that an affirmative response to the question corresponds to an affr native vote on the measure; 3. A concise and impartial statement of not more than 1" words summarizing the measure and its - - Deleted: 85 —� major effect, excluding those words excluded from the word count pursuant to ORS 250 and 310; or, in the case of a tax base measure, a concise and impartial statement of not more than 175 words explaining the chief purpose of the measure and giving reasons for the measure, excluding those words excluded from the word count pursuant to ORS 250 and 310. D. An explanatory statement shall be an impartial, simple and understandable statement, explaining the measure and its effect, and shall not exceed 500 words, including the heading and ballot title. (Ord. 2020-005 '1 2020. Ord. 92-012 §1, 1992; Ord. 92-011 §1, 1992; Ord. 90-016, §1, 1990; Ord. 84-024 §3, 1984) 1.12.040. Judicial Review of Ballot Titles and Explanatory Statements. Within seven business days after the ballot title and explanatory statements are received by the clerk under DCC 1.12.030(A) or DCC 1.12.030(B), any elector dissatisfied with the ballot title or explanatory statement, or both, may petition the Circuit Court of the judicial district in which the county is located for review of the title or statement, and shall set forth the reasons why the title or statement does not conform to the requirements of DCC 1.12 or other applicable law. If the court finds that the ballot title or explanatory statement complies with the requirements of DCC 1.12 or other applicable law, it shall enter an appropriate order to that effect. If the court determines that the ballot title or explanatory statement does not comply with the requirements of DCC 1.12 or other applicable law, the court shall prepare an alternative ballot title or explanatory statement. The title or statement so prepared shall supersede and replace that of the district attorney for purposes of DCC 1.12. The order of the Circuit Court shall not be appealable. (Ord. 2020-005 & 1, 2020; Ord. 92-011 §2, 1992; Ord. 90-016 §2, 1990; Ord. 84-024, §4, 1984) 1.12.050. Argument Favoring or Opposing Measures. A. Arguments favoring or opposing a measure which qualifies for and is subject to DCC 1.12 may be filed with the clerk on or before the 750i day preceding the election at which the measure is to be submitted to the electors by: I. Any elector eligible to vote on the measure, or any organization eligible to file arguments under Oregon law, upon payment to the Clerk of a fee of $300.00 and the filing of a statement, in such form as the Clerk shall prescribe, which identifies the name of the person or persons who submitted the argument, the name of the organization the person or persons represent, if any, and whether the argument supports or opposes the measure; or 2. At least one thousand -electors eligible to vote on the measure or ten percent of the total of such - - r D !ee t : o ' ' electors, whichever is less, whose representative files with their argument a form as the Clerk shall Deleted: or more prescribe or provide, which contains the qualified signatures of at least 1,000 such electors or ten percent of the total electors eligible to vote on the measure, whichever is less. B. Prior to the circulation of a petition under DCC 1.12.050(A)(2), a prospective petition shall be filed with the Clerk, in such form as the clerk shall prescribe or provide, which sets forth the text of the the argument, Deleted: i0 proposed argument and which identifies the name of the person or persons who submitted the the or represent, if any, and whether the argument supports Deleted: 01 the name of organization person persons Chapter 1.12 2 or opposes the measure. A copy of the contents of the prospective petition shall be attached to each signature sheet of the petition circulated among the electors. The procedures for circulation of the petition shall be the same as the applicable procedures for circulation of initiative or referendum petitions, and the Clerk shall verify the signatories on the petition in the same manner signatories are verified on referendum or initiative petitions. C. Arguments shall be typewritten, and shall e not exceed 325_ words to__be printed ity the state voters' Deleted: be prepared for printing on not more than 29.8 square pamphlet and shall comply with all applicable laws pertaining to arguments in the state voters inches pamphlet. Deleted: of (Ord. 2020-005 1, 2020; Ord. 95-026 §1, 1995; Ord. 84-024 §5, 1984) 1.12.060. Filing of Material With Secretary of State. On or before the 701 day before the general election or the 68" day before a special election held on the date of any primary election at which any measure which qualifies for and is subject to DCC 1.12 is to be submitted to the electors, the clerk shall file with the Secretary of State the measure, ballot title, explanatory statements and any arguments which have been filed and completed in accordance with the requirements of DCC 1.12 and any other applicable law. The County shall pay the Secretary of State the cost of including the material in the state voters' pamphlet. (Ord. 92-011 §3, 1992; Ord. 84-024 §6, 1984) 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 —Injunctive Relief/Abatement. 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 County Administrator. 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 Cass A or B Classification -Penalties. A. Violation of a county ordinance shall be punishable, upon conviction, by fine or by the specific remedies specified within the County Code. B. Each county ordinance specifying a county offense shall classify the ordinance violation as a Class A or Class B violation. C. A sentence to pay a fine for a violation of a county ordinance shall be a sentence to pay an amount not exceeding the Maximum Fines provided in ORS 153.018. D. Notwithstanding this section and DCC 1.16.030, for violations of Chapters 13.04, 13,08, 13.36, 15.04 and 15.10 and Titles 17 18 and 19, the Presumptive and Minimum fine amount shall be the Maximum Fine amount described in DCC 1.16.010(C). E. For violations of County Code provisions not listed in DCC 1.16.010(D), the Presumptive and Minimum Fine amounts shall be as provided in ORS Chapter 153. F. A land use application for a property with an existing code violation will be accepted, but may not be _ processed by the County based on application of DCC 22- - -- -5-- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: nor G. Notwithstanding DCC 1.16.010(D), the court or the hearings officer may (but is not required) impose a fine lower than the fine provided in those two sections, upon an identified finding of mitigating factors including, but not limited to, indigence of the defendant, severity of the violation, number of times the defendant has been previously cited for Deschutes County Code violations; length of time the violation has existed; and reason(s) the violation has not been cured. (Ord. 2020-001 §1, 2020: Ord. 2015-020, §1, 2015; Ord. 2014-003, §1, 2014; Ord. 2013-015, §1, 2013; 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; Deleted: 16 -- Chapter 1.16 1 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 ownership or possessory interest, other than a security interest, in premises on which an unlawful condition or use is found. (Ord. 2020-001 § 1, 2020; Ord. 2008-026, § 1, 2008) 1.16.020. Continuing Violations. A. When a violation is of a continuing nature, a separately punishable violation occurs on each calendar day the violation continues. 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 4. 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. A. The violation procedures as set forth in ORS 153.030 to 153.111, and ORS_ 153.990 shall be , -4 Deletes:45ana the procedures for county ordinance violations, and are adopted hereby by reference. B. Peace officers may enforce the provisions of Chapter 6.08, Animal Control, when the peace officer has reasonable grounds to believe that the conduct constitutes a violation of that chapter. (Ord. 2020-001 51, 2020; Ord. 2009-005 §1, 2009; 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. Violation Classification for Water Supply, On -Site Sewage, Building Code, Subdivision Regulations and Land Use Regulation Violations. A. Violations of Chapters 13.04, 13.08, 13.36, 15.04 and 15.10 and Titles 17 and 18 constitute Class A violations. (Ord. 2013-015, § 1, 2013; 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 tern 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. C. 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 cormnission of an offense to be the subject of search and seizure is adopted hereby by reference. D. 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) Deleted: 3 i Deleted: 16 Chapter 1.16 2 1.16.040. Other Remedies Not Precluded —Injunctive Relief/Abatement. A. 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 fiom recovering any expense incurred in any injunction action. B. In addition to a fine, any citation for a violation of a county ordinance may include a request for injunctive relief and/or abatement of the violation. C. The county's representative may also request injunctive relief and/or abatement at the time of arraignment or trial. D. Upon entering judgment against a person for violating a county ordinance, the court may, in addition any other penalty imposed by law, enter orders for injunctive relief and/or abatement, requiring the person to cease and desist and to correct the violation(s). (Ord. 2013-015, § 1, 2013; Ord. 86-076 §4, 1986) 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 toCounty Legal, ( Deleted: Deschutes 3. County Legalshall investigate the alleged_ violation of a county ordinance and, after consultation - - --- --------- - - - - -- Deleted: counsel (legal counsel) - -- department with the appropriate d artment head, shall either � Deleted: counsel —� a. have the violation complaint served and prosecute, or b. decline to have the violation complaint served or to prosecute. days from the date the Deleted: 4. County Legal Shall notify the private citizen of said action within ten - ------------ ------ - _ - counsel violation complaint is presented to legal counsel. by Count�gal�if County LegaL's decision not to _ Deleted: legal counsel_ _ —� 5. The private citizen, following notice prosecute, _ - may, within 60 days of such notice, bring an action under the authority granted by DCC 1.16.045, in ` ' Deleted: legal counsel 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 Country LeeaL not to prosecute a zoning ordinance violation shall not be deemed to_ _ , - Deleted legal counsel constitute a land use decision. (Ord. 2020-001 § 1, 2020; 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 Deleted: 3 Ordinance 82-012, as amended by Ordinance 86-027. Deleted_ 16 Chapter 1.16 3 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 County Administrator. A. In addition to any designation within the Deschutes County Code, the County_ Administrator is— - - Deleted: T authorized to designate individuals, in addition topeace officers, who are employees or agents of the _ _ Deleted: 5nau ---------...------ --- - - - - -- - - - county, to enforce violations of county ordinances. B. Private individuals who commence actions under subsection C of this section are not agents or employees of the county. C. 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 sheriffs deputy. D. The action commenced by a private person shall be entered in the court record. E. 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 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 swom complaint. G. 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 Sheriff's Office to serve the summons as provided in ORS 153.535(1). (Ord. 2020-001 §1, 2020: Ord. 2011-023 §1, 2011; 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 County Administrator or where such officers are employees, upon separation from employment. (Ord. 2011-023 § 1, 2011; 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) Deleted:3 Deleted: I6 Chapter 1.16 Chapter 1.17 CODE ENFORCEMENT HEARINGS PROCEDURES 1.17.010. Applicability, exception. 1.17.020. Definitions. 1.17.030. Hearings officers. 1.17.040. Instituting civil penalty proceedings. 1.17.050. Notice of violation and proposed civil penalty. 1.17.060. Service of notice. 1.17.070. Setting the hearing, continuances. 1.17.080. Discovery and disclosure. 1.17.090. Hearings and decisions. 1.17.100. Penalty amounts and other orders by the hearings officer. 1.17.110. Collection of civil penalties. 1.17.120. Final decision. 1.17.010. Applicability, exception. A. Unless another procedure is expressly provided for, this chapter governs the procedure for the assessment of civil penalties authorized by the code. B. In all cases, a civil penalty is in addition to any other legal remedy available to redress violations of the code. C. This chapter does not apply to proceedings before and civil penalties imposed by the Animal Control Board of Supervisors. (Ord 2011-023 §2, 2011) 1.17.020. Definitions. As used in this chapter, unless the context requires otherwise: Notice means the notice of violation and proposed civil penalty issued to a violator under DCC 1.17.040. Violator means a person to whom a notice has been issued. Hearings officer means a person designed under DCC 1.17.030 to adjudicate civil penalty proceedings. Code enforcement official means a person designated as such under DCC 1.08.025. DCC 1.16.070 and/or DCC 1.16.080 or in the case of enforcement of the Fire Code, a fire chief or the fire chief s designee. County means Deschutes County. Proceedings to enforce provisions of the Fire Code pursuant to this chapter shall be commenced in the name of the County. - --- -- --- -- Formatted: Font: 10 pt Formatted Font: 10. pt Deleted: os Formatted: Font: 10 pt Chapter 1.17 12,12020) Person means any individual, partnership, corporation, or association. -(Deleted am 20187-0012,1 201876 , 046 (Ord. 2020-005 1�202Q1, . _ 1.17.030. Hearings officers. A. The Board of County Commissioners shall designate one or more hearings officers to adjudicate civil penalty proceedings under this chapter. B. Hearings officers may administer oaths in connection with their duties as hearings officers. (Ord 2011-023 §2, 2011) 1.17.040. Instituting civil penalty proceedings. A. Civil penalty proceedings may be instituted by the county official responsible for administering the county code provisions believed to be violated, a code enforcement official, a peace officer, or any other person specifically authorized by ordinance to institute civil penalty proceedings. B. Civil penalty proceedings are instituted when a notice of violation and proposed civil penalty is served on the violator as required by this chapter. (Ord. 2020-005 �1, 2020;"Ord 2011-023 §2, 2011) _ .Deleted: Ord 20187-0012 §1 zols7oia 016-_$ 2016; 1.17.050. Notice of violation and proposed civil penalty. A. The notice of violation and proposed civil penalty shall be on a form approved by Deschutes County Legal Counsel. B. Notices shall contain the following: I . The name of the violator; 2. The section or sections of the code allegedly violated. If the applicable county code section(s) incorporate a state statute, rule, uniform code (such as the building code), or other source of law, the notice shall also contain citations to the sections of the applicable code, statute, or rule; 3. A brief description of the violation in such a manner as can be readily understood by a person making a reasonable effort to do so; 4. The date or range of dates for which the violator is believed responsible for the violation; 5. The location of the violation; 6. The amount of the proposed civil penalty; 7. Statements which advise the violator, in ordinary, nontechnical language of the following: a. The violator's right to a hearing; b. The date, time and location of the hearing; c. The procedures for requesting that the hearing be rescheduled; d. The procedures at the hearing; e. The requirement that the violator appear in person at the hearing or submit a written statement in lieu of appearing in person; -- - - — --- f. That if the violator does not appear in person at the hearing or does not submit a written Formatted: Font: 10 pt statement in lieu of appearing in person: Formatted: Font: 10 pt i. the full amount of the proposed civil penalty will be assessed; Deleted: 05 Formatted: Font: 10 pt er 1..1'7 (IV? 020) ii. the violator will be ordered to correct the violation; iii. Failing to pay a civil penalty or correct a violation after having been ordered or required to do so is a separate violation of the code and subjects the violator to additional civil penalties, court action, liens, garnishments, interest charges, and other involuntary collection remedies. 8. The date the notice was issued; 9. The address at which the violator may submit to the county written materials related to the notice; and 10. The name, title, and signature of the person issuing the notice. C. Corrections. 1. Any errors or omissions in the notice may be corrected at the hearing or at any time prior thereto. 2. The violator is entitled to be notified of any amendments or corrections to the notice. D. A violator claiming that an error or omission in the notice constitutes a defense or that the notice should be set aside shall advise the hearings officer of the claimed error or omission prior to the close of the hearing and request the notice be set aside. 1. Failure to request that the hearings officer set aside the notice due to an error or omission constitutes a waiver and will be an absolute bar to raising the issue at any later time or on appeal. 2. A notice may be set aside by a hearings officer only if the violator is prejudiced by the error or omission. 3. If the hearings officer sets aside a notice due to an error or omission, the county may reinstitute civil penalty proceedings based upon the same conduct, condition, or circumstance alleged in the notice which the hearings officer set aside. E. Legal Counsel may approve a form that contains information in addition to the information required by subsection (B) of this section. (Ord 2011-023 §2, 2011) 1.17.060. Service of notice. A. Service of a notice of violation shall be accomplished in any manner reasonably calculated, under all the circumstances, to apprise the violator of the existence and pendency of the proceedings and give the violator an opportunity to appear and defend. B. The violator may be served with the original notice or a copy thereof. 1. Copies need not be certified true copies. 2. The following methods of service are presumed to be reasonable under subsection (A) of this section: a. By personal delivery of the notice on the violator; b. By mailing the notice to the violator by first class mail and by any of the following: certified, registered, or express mail. i. Mail sent certified, registered, or express mail shall be sent with return receipt requested. ii. For purposes of this section "first class mail" does not include any form of mail Formatted: Font: 10 pt which may delay or hinder actual delivery of mail to the addressee; Formatted: Font: 10 pt Deleted: 05 Formatted. Font: 10 pt Chapter 1.17 r--__, - c. By personal service on a registered agent, officer, director, general partner, or managing agent of a corporation, limited partnership or personal service upon any clerk on duty in the office of the registered agent; d. By posting a copy of the notice in a conspicuous location upon the apparent main entrance to the dwelling or property and by mailing first class mail copies of the notice to the property and the address of the owner currently on file with the county tax collector. C. Service shall be deemed complete when personal service is accomplished or in the case of posted or mailed service the date on which the violator signs a receipt for delivery or 7 days after the mailing, whichever occurs first. (Ord 2011-023 §2, 2011) 1.17.070. Setting the hearing, continuances. A. The date, time and location of the hearing shall be set forth on the notice of violation. B. The county or the violator may request that the hearing be rescheduled. C. Requests by the violator to reschedule must be in writing and delivered to the county at the address designated on the notice. D. Except as otherwise provided in this section, requests to reschedule may be delivered by facsimile transmission, _or e-mail. If by email delivery will not be deemed complete until , - [Deleted: but not county staff provides a reply confirmation email. E. Requests to reschedule the hearing must be received and confirmed by Deschutes County at - {Deleted: made j least 7 business days prior to the hearing date. _.... _ _ 4 Deleted: 2 - ......_ F. Requests by the County to reschedule the hearing. 1. Requests by the County to reschedule the hearing must be made in writing to the hearings officer with a copy served upon the violator. ........... 2. If the county's request to reschedule is made 1A days or more prior to the hearing, the , - (Deleted: 7 County may serve the violator by first class mail, otherwise, service must be made in accordance with DCC 1.17.060. 3. Requests by the County to reschedule must include reasons for the request and the violator's position on the request. 4. If the County was unable to contact the violator for his or her position, the request must state the efforts made to obtain his or her position. G. Decisions on requests to reschedule the hearing submitted within 60 days from the date the notice of violation is served will be made by the following officials: 1. For violations of the building code, decisions regarding whether or not to grant violator's request to reschedule a hearing shall be made by the building official or the building official's designee. 2. For violations of the fire code, decisions regarding whether or not to grant violator's request to reschedule a hearing shall be made by the fire chief for the district in which the violator's real property is located or the fire chief s designee. H. Decisions on requests to reschedule the hearing submitted more than 60 days from the date the notice of violation is served will be made by the hearings officer. 1. Decisions on reschedule requests. Formatted: Font: 10 Pt 1. The person making the decision on the rescheduling request shall consider only the Formatted: Font: 10 pt violator's written request to reschedule and information within the file which is available to { Deleted: 05 the violator. Formatted Font. 10 Pt Chapter 1.17 (12(2020).. . 2. The decision denying the request to reschedule must contain a brief statement of the reasons for the denial. 3. A decision granting a rescheduling request shall contain the date, time and location of the rescheduled hearing 4. Decisions on rescheduling requests will be mailed to the violator by first class mail. (Ord. 2020-005 §1, 2020;Ord 2011-023 §2, 2011) , �Deteted: Ord 0187Dot ,t 201870t .ot�-_o ot�; 1.17.080. Discovery and disclosure. Discovery in proceedings under this chapter is governed by ORS 135.805 to 135.873. (Ord. 2011-023 §2, 2011) 1.17.090. Hearings and decisions. A. The hearings officer shall preside over hearings under this chapter and may set reasonable rules of procedure designed to facilitate orderly and efficient presentation of evidence provided the rules do not conflict with this chapter. B. Except as otherwise provided in this section, the violator must appear in person at the hearing. C. If the violator is an individual, he or she may submit a written notarized statement in lieu of personal appearance in accordance with subsection (E) of this section. D. Violators who are not individuals must designate a director, officer, managing agent, member, or employee who has the authority to act on the violator's behalf and to give sworn testimony on the violator's behalf. 1. The designee must appear in person at the hearing. 2. The hearings officer may require the designee to testify under oath to establish his or her authority. E. Statements in lieu of appearance. 1. A notarized written statement in lieu of personal appearance must be signed by the violator or on behalf of the violator and received by the county at the address on the notice at least one business day prior to the hearing. 2. Statements may be delivered via facsimile transmission, orby email. If by email, delivery . , - ; Deleted: but not j will not be deemed complete until county staff provides a rely confirmation email. F. Except as provided in subsection (K) of this section, all testimony must be given under oath. G. Hearings on notices involving the same person or persons, the same parcel of property, or common issues of fact or law may be consolidated and heard in a single proceeding; I. The Oregon Rules of Evidence do not apply to hearings conducted pursuant to this chapter. 1. Any relevant evidence shall be admitted if it is of the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State. 2. Although relevant, evidence may be excluded if the hearings officer determines its probative value is substantially outweighed by considerations of undue delay or needless presentation of cumulative evidence. Formatted: Font: 10 pt J. The county may be represented by a fire chief for violations of the Fire Code, by a code Formatted: Font: 10 pt enforcement official for violations of other than the Fire Code, by legal counsel or assistant Deleted: 05 Formatted: Font: 10 pt Chaoter 1.11 12f2020) i legal counsel, by a peace officer, or by any person so authorized by a county department head or fire chief. K. Violator represented by an attorney. 1. The violator may be represented by an attorney licensed to practice law in Oregon or may represent himself. 2. The appearance of an attorney does not alter the requirement that the violator be personally present at the hearing. L. If the violator has personally appeared at the hearing or timely delivered a written statement in lieu of personal appearance, the county shall proceed first and have the burden of establishing the violations by a preponderance of evidence. 1. The violator proceeds second and, if personally present, may question the county's witnesses, present testimony and evidence and make argument. 2. If the violator is not personally present, the hearings officer may not consider any testimony, argument or evidence on behalf of the violator apart from the violator's written statement. 3. The county's representative may question the violator's witnesses. The county may offer rebuttal testimony or argument or both at the discretion of the hearings officer. A Penalty only hearing. 1. If the violator admits the violation and requests to be heard only on the issue of the penalty, the hearings officer may decide to proceed informally and dispense with sworn testimony. 2. In such cases, the hearings officer shall proceed in any manner which provides the county and the violator a full and fair opportunity to be heard on the issue of the penalty. N. If the violator fails to appear at the hearing and has not submitted a written statement in lieu of appearance, the hearings officer shall close the hearing and issue a decision assessing the proposed civil penalty and ordering the violator to correct the violation immediately. O. Decisions of the hearings officer shall be written and issued within fourteen (14) days from the date of the hearing. 1. A decision is issued when it is mailed to the violator first class mail or delivered to the violator in person. 2. If the preponderance of evidence establishes one or more of the violations alleged in the notice, the decision shall briefly state the facts which constitute each violation. 3. If the preponderance of evidence does not establish one or more of the violations alleged in the notice the decision shall so state. 4. The decision shall advise that the violator may seek judicial review by filing a petition for a writ of review with the Cjrcuit qpurt within 60 days of the date of the decision. Deleted: o ; P. Orders imposing a civil penalty and orders to correct a violation take effect upon personal ( Deleted: c delivery to the violator or upon mailing, whichever occurs first. (Ord. 2020-005 §1, 2020YOrd 2011-023 §2, 2011) Deleted: 01a 20187-0012 g 1, 201870ra 2016-_, 2016; j 1.17.100. Penalty amounts and other orders by the hearings officer. A. The hearings officer shall impose a civil penalty for each violation established. 1. The amount of the civil penalty shall be the amount proposed in the notice of violation unless the hearings officer finds based upon the evidence or statements of the violator that a Formatted: Font: 10 pt lesser civil penalty is required to avert an injustice. Formatted: Font: 10 pt Deleted: o11 s Formatted: Font: to Pt Chanter 1.17 (12/2020) 2. A decision imposing a lesser penalty shall state with particularity the reasons why a lesser penalty is justified under this section. 3. A hearings officer may order the civil penalty be paid immediately or at some other definite time. B. In addition to any civil penalty imposed, the hearings officer shall order the violator to correct each violation. 1. If the violator did not appear at the hearing or submit a written statement in lieu of personal appearance, the order shall require the violator to correct the violation immediately. 2. Otherwise, the violator shall be ordered to correct the violation within a definite period. 3. The hearings officer may order the violator to take specific corrective action if the hearings officer determines that doing so would facilitate compliance with the code. C. A failure to correct a violation as ordered by the hearings officer or to pay a civil penalty when due is subject to a civil penalty of up to $500.00 for each day the violation is not corrected or civil penalty is not paid. (Ord 2011-023 §2, 2011) 1.17.110. Collection of civil penalties. A. Unless otherwise ordered by the hearings officer, civil penalties are due immediately. B. Unpaid civil penalties accrue interest at a rate of 9% per annum. C. The county has a lien on the real property where the violation occurred and on any real property in Deschutes County owned by the violator for the amount of a civil penalty plus accrued interest. D. The county may record the hearings officer decision in the county lien records at any time after 60 days from the date the decision was issued. E. The lien referred to in subsection (C) of this section attaches when the decision is mailed or personally delivered to the violator, whichever occurs first. 1. An order granting a violator time within which to pay a civil penalty does not affect the county's lien. 2. In all cases, the lien is for the full civil penalty together with accrued interest regardless of when payment is due. (Ord 2011-023 §2, 2011) 1.17.120. Final decision. The decision of the hearings officer is the final decision of the county. (Ord 2011-023 §2, 2011) Formatted: Font: 10 pt Formatted: Font: 10 pt _ Deleted: 05 J Formatted: Font: 10 pt Chapter 1.17 12/2020) Chapter 2.05. COUNTY ADMINISTRATOR 2.05.010 Purpose. 2.05.020 Definitions. 2.05.030 Office of County Administrator Created. 2.05.040 Appointment/Removal. 2.05.050 Vacancy. 2.05.060 Authority. 2.05.070 Delegation. 2.05.080 Interaction with County Administrator, Employees. 2.05.010. Purpose. The Board of County Commissioners finds and determines that the interests of the County will be best served by delegating certain administrative authority of the Board to a county administrator who shall be responsible to the Board for the manner of the County Administrator's administration. 2.05.020. Definitions The following terms used in this Chapter shall have the meanings set forth below: A. Elected County Official means and includes the following Deschutes County elected officials: the Sheriff, the Clerk, the Assessor, the Treasurer, the District Attorney, and the Justice of the Peace. B. Liaison means the member of the Board of County Commissioners assigned by the Board to one or more county departments, committees or agencies for purposes of being informed about issues pertinent to the department, committee or agency and not for administrative purposes. It is the responsibility of the Liaison to communicate information to the Board. 2.05.030. Office of County Administrator Created. The Office of County Administrator is created, and the person holding that office shall act as the head of administration for the County and, if delegated by the district governing body, county service districts. 2.05.040. Appointment/ Removal A. The County Administrator shall be appointed by the Board of County Commissioners for an indefinite term. The County Administrator is an at -will employee and may be removed at the pleasure of the Board, consistent with any applicable employment agreement and this Chapter. B. The County Administrator may be removed by a majority vote of the Board of County Commissioners. Upon such a majority vote, the Board shall adopt a preliminary resolution setting forth the reasons for the County Administrator's removal. The County Administrator may reply, in writing, and may request an opportunity to be heard at a meeting of the Board, which shall be an executive session, unless the County Administrator requests the matter be conducted in open session. After such hearing of the Board, if one is requested, and after full consideration, the Board may adopt a final resolution of removal. By the preliminary resolution, the Board may suspend the County Administrator from duty, but shall, during the tern of such suspension, cause the County Administrator to be paid any Deleted: i Chapter 2.05 Deleted: 07 (i-420Rq). salary and fringe benefit amounts due the County Administrator as the result of the duly executed employment agreement in effect at the time of the preliminary resolution. No such payment shall be made if the County Administrator's removal is for any reason involving moral turpitude or lack of integrity pursuant to the employment agreement. C. Nothing contained herein shall be construed as prohibiting the Board and the County Administrator from negotiating and entering into a separation agreement. 2.05.050. Vacancy, Absence or Disability. A. When a permanent vacancy occurs in the Office of County Administrator, the Board of County Commissioners shall designate an Acting County Administrator until such time as a County Administrator is appointed. The Acting County Administrator shall have all powers and duties conferred on the County Administrator by this Chapter B. The County Administrator may designate in writing an administrative officer of the County to exercise and perform the County Administrator's powers and duties during the County Administrator's temporary absence or disability. Where the Administrator has not designated someone to act on behalf of the Administrator and due to temporary incapacity the Administrator is incapable of making such designation, the Board may designate an acting Administrator to serve until such time as the Administrator is capable of making a designation or has resumed responsibilities. 2.05.060. Authority. A. The County Administrator shall be the Chief Administrative Officer of the County and all County service districts, if that authority is delegated by the governing body of the district. The County Administrator shall be responsible to the Board of County Commissioners for the administration and management of the County and its service districts and shall have control and supervision of all administrative departments, divisions, offices, districts and agencies subject to the County Administrator's jurisdiction, except as otherwise provided by law. The County Administrator shall exercise no operational or supervisory authority over the actions of elected County officials or over the actions of County Legal Counsel. B. The Board of County Commissioners hereby delegates to the County Administrator broad authority to perform the County Administrator's job functions. The County Administrator is responsible to the Board for the manner of the County Administrator's administration. The Board reserves to itself all of its legislative and judicial or quasi-judicial authority, unless expressly delegated. C. The County Administrator shall have the specific authority, to perform all day-to-day functions necessary for the administration and management of County affairs and, if delegated, the affairs of County service districts. Such authority includes, but is not limited to, the following: 1. Direct and coordinate the overall management of County government in accordance with policies set by the Board of County Commissioners and applicable laws. 2. Consistent with any applicable collective bargaining agreement, transfer employees from one office or department to another when the workload requires such action. 3. Provide the proper administration of all ordinances, orders and resolutions of the Board, all contracts entered into by the County, and provide for the enforcement of all policies, rules, procedures, orders and regulations duly adopted by the Board. 4. After consultation with members of the Board of County Commissioners select, appoint and dismiss all heads of departments, except elected County officials and County Legal Counsel, in accordance with federal and state laws and guidelines, applicable contracts and policies adopted b the Board; supervise and discipline all heads of departments, except P P Y P P P eP Deleted: t _ elected Countyofficials and County Legal Counsel, in accordance with federal and state tY g � Deleted:07 2 (142Q Chapter 2.05 ' laws, and applicable contracts and county policies; and advise the Board of the reasons and process used in such action. 5. Coordinate the work of all offices, departments and agencies, and devise ways and means whereby efficiency and economy may be secured in the operation of all offices, departments and agencies. 6. Prepare and submit to the Board and budget committee an annual budget and a long range capital improvement and expenditure program, along with a financial plan for raising revenue, covering a period of not less than the five ensuing years, and administer the provisions of the budget as adopted by the Board. 7. Direct the use, maintenance and custody of all county property, buildings, works and improvements according to policies promulgated by the Board. 2.05.070. Delegation The County Administrator may delegate any authority to County department heads or other County or district staff, in a manner consistent with the provisions of the County Code, County policies or district operating agreements. 2.05.080. Interaction with County Administrator, Employees In the exercise of their authority as members of the governing body of the County, Board members may individually, or as a group in a public meeting, discuss fully and freely with the County Administrator any matter pertaining to County affairs or the interest of the County. Board members may not direct any County employee, other than the County Administrator, in the performance of their duties. This section shall not be construed to prohibit a Board member from performing the Board member's role as liaison in making inquiries of County employees within particular departments, or members of committees or agencies to which they are assigned concerning day-to-day conduct of County affairs. (Ord. 2020-005 §1, 2020; Ord. 2007-003 §1, 2007; Ord. 2005-053 §1, 2005) Deleted: I Deleted: 07 Chapter 2.05 3 (14202A Chapter 2.36. LOCAL CONTRACT REVIEW BOARD 2.36.010. Purpose -Statutory Authority. 2.36.020. Creation and Functions of Board. 2.36.030. Model Public Contract Rules. 2.36.040. Exemptions from Competitive Bidding. 2.36.050. Delegation. 2.36.010. Purpose -Statutory Authority. The purpose of DCC 2.36 is to authorize the Board to perform the duties of a local contract review board in lieu of permitting the Public Contract Review Board to perform the functions of reviewing public contracts as required by Oregon Laws 1975, Chapter 771. (Ord.203-8 §1, 1976) 2.36.020. Creation and Functions of Board. The Board is designated a local contract review board to perform the functions of the Public Contract Review Board. (Ord. 203-8 §2, 1976) 2.36.030. Model Public Contract Rules. The Attorney General's Model Public Contract Rules adopted pursuant to operative sections of ORS Clips. _ 279A, 279B and 279! ., shall be the rules of the local contract review board. _Procedures for ted: OR personal_ , - DeleS 279.049 services contracts required by ORS 279A.0544re set forth in_DCC 4.06_ - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: 1 (Ord. 2020-005 & 1, 2020; Ord. 2003-018 § 1, 2003; Ord. 98-092 § 1, 1998; Ord. 97-030 § 1, 1997)--- 2.36.040. Exemptions from Competitive Bidding. In addition to the exemptions fiom competitive bids or proposals set forth in operative sections of ORS 279A, 279B 279C.contracts be awarded as follows_ - Deleted_279.015(1)(a)-(h) and 279.015(2) Clips and may _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , _ _ A. Contracts, other than contracts for personal services, may be awarded without competitive bidding pursuant to DCC 2.36.030 for the following classes of contracts: 1. Emergency contracts. 2. Contracts $10,000 or over, but under $1 S 000, where competitive written quotes were obtained. _ Deleted: 75 3� _Contracts under $A000 need not be awarded competitively. - - - - - - - - - - - - - - - - - - - - . Deleted: 3. Contracts $5,000 or over, but under $10,000, B. Where a contract is awarded under DCC 2.36.040, the department head or elected official awarding the , where competitive written quotes were obtained or where it contract shall document in the records of the County the quotes received, or if no quotes were received, was not feasible to obtain competitive quotes under the the reason why it was not feasible or required to obtain quotes. C. Except for emergency contracts, the aggregate of all contracts awarded by the County under DCC circmnstances.¶ \\ Deleted: 4 2.36.040(A)(2� where it was not feasible to obtain competitive quotes, -shall not exceed $75,000 to any_ Deleted: 5 one contractor in ae fiscal year; and under DCC 2.36.040(A)(3�,,shall not exceed $4000 to any nemon " 'Loeleted. 3 J one contractor in any one fiscal year. D. When competitive quotes are obtained, award of contract shall be to the lowest responsible quote in eted: 4 \ \ —� conformance with the specifications. �Deleetted.yonecontractor E. An oral quote received by telephone shall be considered a written quote when it is recorded in the Deleted: 25 records of the County. (Ord. 2020-005 § 1, 2020. Ord. 2000-012 § 1, 2000; Ord. 99-035 § 1, 1999; Ord. 98-092 § 1, 1998) Deleted: 01 Deleted: 07 Chapter 2.36 2.36.050. Delegation. A. Excepting the department head of the Health Department who shall have contract authority to $50,000, _ etch County employee and elected official designated as as a department head of the County is authorized _ - Deleted: E to contract in an amount not to exceed $25,000 for each contract, provided sufficient sums are appropriated and unencumbered in the County budget and there are sufficient cash resources available to pay the maximum consideration set forth in each contract. B. The County Administrator may award competitive bids and enter into contracts in an amount not to exceed $1n000 for any single contract. _ _ _ ._ ._ _ _ _ _ _ _ _ _ _ _ ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - Deleted: 75_ (Ord 2020-005 § 1, 2020; Ord. 2007-002 § 1 2007; Ord. 2000-012 § 1, 2000; Ord. 98-092 § 1, 1998) Deleted: 01 Deleted: 07 Chapter 2.36 2 Chapter 2.37. PUBLIC CONTRACTING CODE 2.37.010. Purpose -Statutory Authority. 2.37.020. Model Public Contract Rules. 2.37.030. Public Contract Review Board. 2.37.040. Purchasing Agent. 2.37.050. Definitions. 2.37.060. Signature Authority. 2.37.065. Competitive Sealed Proposals. 2.37.070. Class Special Procurements. 2.37.080. Exemption for Certain Personal Services. 2.37.090. Exemption from Sealed Bids or Proposals. 2.37.100. Purchases through Federal Programs. 2.37.110. Contracts for Disposal of Personal Property. 2.37.120. Notice of Intent to Amend; Notice to Proceed and Contract Administration. 2.37.130. Qualified Pool. 2.37.140. Contested Case Procedures. 2.37.150. Standard Contract Provisions. 2.37.160. Competitive Electronic Auction Bidding. 2.37.010. Purpose - Statutory Authority. The purpose of DCC 2.37 is to implement the provisions of ORS 279A, 279B and 279C, which may be collectively referred to herein as the Public Contracting Code. This chapter shall be known as the Deschutes County Contracting Code and may be referred to herein as "this chapter." (Ord. 2005-010 § 1, 2005) 2.37.020. Model Public Contract Rules. Except as otherwise provided in this chapter or by rule or order of the Board, the Model Rules of Public Contract Procedure, OAR 137, divisions 46, 47, 48 and 49, herein referred to as the Model Rules, adopted by the Oregon Attorney General, as amended in 2008, and from time to time amended, shall be the rules of the Deschutes County Contract Review Board. Where reference is made in these rules to any provision of the Public Contracting Code, unless this chapter provides otherwise, the corresponding provisions of the Model Rules shall also apply. (Ord. 2008-023, § 1, 2008; Ord. 2005-010 § 1, 2005) 2.37.030. Public Contract Review Board. Except as expressly delegated under this chapter or by Board Resolution, the Board of County Commissioners, `Board," acting in its capacity as the governing body of the County or of each and every County set -vice district, reserves to itself the exercise of all duties and authority of a contract review board and a contracting agency under state law. Where this chapter refers to the "County," unless the context indicates a different meaning, the reference shall mean and include Deschutes County or the particular County service district for which the Board is the governing body. (Ord. 2008-023, § 1, 2008; Ord.2005-010 §1,2005) 2.37.040. Purchasing Agent. A. The County Administrator is designated as the Purchasing Agent of the County and is hereby authorized to issue or cause to be issued all solicitations and to award all County contracts for which the contract Dented: 08 price does not exceed $150,000. Subject to the provisions of this chapter, the Purchasing Agent may Deleted• l4 _� Chapter 2.37 adopt and amend all solicitation materials, contracts and forms required or permitted to be adopted by contracting agencies under the Public Contracting Code or otherwise convenient for the County's contracting needs. B. In the context of requests for County proposals the department director and in the case of county service districts, each administrator, director or managing board, is authorized to determine the method of contractor selection and selection criteria. C. Notwithstanding ORS 279B.075, the Purchasing Agent and in the case of county set -vice districts, each administrator, director or managing board, is authorized to determine that goods or services, or classes of goods or services, are available from only one source, based upon one or more of the following findings: (1) that the efficient utilization of existing goods requires the acquisition of compatible goods or services; (2) that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source; (3) that the goods or set -vices are for use in a pilot or experimental project; or (4) other findings that support the conclusion that the goods or services are available from only one source. In making the determination under this subsection C the Purchasing Agent or other authorized representative shall publish notice at least seven (7) days in advance and consider any written comments or objections. At the conclusion of the seven-day notice period written findings to justify the sole source determination shall be prepared and placed in the contract file. A copy of such findings shall promptly be furnished to all persons who submitted written comments or objections. D. In the case of county service districts the director, administrator or managing board is designated as the purchasing agent of the district and is hereby authorized to issue all solicitations and to award all district contracts for which the contract price does not exceed $25,000 unless otherwise specifically set forth in the operating agreement between the County and the district. Subject to the provisions of this chapter, the purchasing agent of the district may adopt and amend all solicitation materials, contracts and forms required or permitted to be adopted by contracting agencies under the Public Contracting Code or otherwise convenient for the district's contracting needs. E. Whenever the Oregon State Legislative Assembly enacts laws or the attomey general modifies the Model Rules, the County Legal Counsel shall review this chapter and recommend to the Board any modifications required to ensure compliance with changes in state law or the Model Rules. (Ord. 2008-023, §1, 2008; Ord. 2005-010 §1, 2005) 2.37.050. Definitions. The following terns used in this chapter shall have the meanings set forth below: A. "Award" means the selection of a person to provide goods, services or public improvements under a public contract. The award of a contract is not binding on the County until the contract is executed by the person and the County. B. `Bid" means a binding, sealed, written offer to provide goods, services or public improvements for a specified price or prices. C. "Concession agreement" means a contact that authorizes and requires a private entity or individual to promote or sell, for its own business purposes, specified types of goods or services from real property owned or managed by the County, and under which the concessionaire makes payments to the County based, at least in part, on the concessionaire's revenues or sales. The tern "concession agreement" does not include a mere rental agreement, license or lease for the use of premises. D. "Contract price" means the total amount paid or to be paid under a contract, including any approved alternates, and any fully executed change orders or amendments. E. "Debarment" means a declaration by the Purchasing Agent or the Board under ORS 279B.130 or ORS 279C.440 that prohibits a potential contractor from competing for the County's public contracts for a prescribed period of time. F. "Disposal" means any arrangement for the transfer of personal property by the County under which the County relinquishes ownership. - ,CDeleted: 08 Deleted: l4 Q_4202_q): i Chapter 2.37 G. "Emergency" means circumstances that: (1) could not have been reasonably foreseen; (2) creates a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety; and (3) requires prompt execution of a contract to remedy the condition. H. "Findings" are the statements of fact that provide justification for a determination. Findings may include, but are not limited to, information regarding operation, budget and financial data; public benefits; cost savings; competition in public contracts; quality and aesthetic considerations, value engineering; specialized expertise needed; public safety; market conditions; technical complexity; availability, performance and funding sources. I. "Goods" means any item or combination of supplies, equipment, materials or other personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto. J. "Informal solicitation" means a solicitation made in accordance with the Contracting Code and this chapter to a limited number of potential contractors, in which the Solicitation Agent attempts to obtain at least three quotes or proposals. K. "Invitation to bid" means a publicly advertised request for competitive sealed bids. L. "Offeror" means a person who submits a bid, quote or proposal to enter into a public contract with the County. M. "Personal services contract' means a contract with an independent contractor predominantly for services that require special training or certification, skill, technical, creative, professional or communication skills or talents, unique and specialized knowledge, or the exercise of judgment or skills, and for which the quality of the service depends on attributes that are unique to the service provider. Personal services include, but are not limited to, the services of architects, engineers, land surveyors, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, consultants and property managers. The Purchasing Agent or the Board shall have discretion to determine whether additional types of services not specifically mentioned in this paragraph fit within the definition of personal services. N. "Proposal' means a binding offer to provide goods, services or public improvements with the understanding that acceptance will depend on the evaluation of factors other than, or in addition to, price. A Proposal may be made in response to a request for proposals or under an informal solicitation. O. "Qualified pool' means a pool of vendors who are pre -qualified to compete for the award of contracts for certain types of contracts or to provide certain types of services. P. "Quote" means a price offer made in response to an informal or qualified pool solicitation to provide goods, services or public improvements. Q. "Request for proposals" means a publicly advertised request for sealed competitive proposals. R. "Services" means and includes all types of services (including construction labor) other than personal services. S. "Solicitation" means an invitation to one or more potential contractors to submit a bid, proposal, quote, statement of qualifications or letter of interest to the County with respect to a proposed project, procurement or other contracting opportunity. The word "solicitation' also refers to the process by which the County requests, receives and evaluates potential contractors and awards public contracts. T. "Solicitation Agent' means with respect to a particular solicitation or contract, the County employee charged with responsibility for conducting the solicitation and making an award, or making a recornrnendation on award to a department head, the Purchasing Agent or the Board. U. "Solicitation documents" means all informational materials issued by the County for a solicitation, including, but not limited to advertisements, instructions, submission requirements and schedules, award criteria, contract terms and specifications, and all laws, regulations and documents incorporated by reference. V. "Surplus property" means personal property owned by the County, which is no longer needed for use by the department to which such property has been assigned. (Ord. 2008-023, § 1, 2008; Ord. 2005-010 § 1, 2005) Deleted: IN Deleted: 14 Chapter 2.37 3 (��� 2.37.060. Signature Authority. A. Excepting the department head of the Health Department who shall have contract authority to $50,000, _Vch County Department Head and each elected County official designated as a department head (unless _ - Deleted: E -� expressly provided otherwise by the Board of County Commissioners) is authorized to award competitive bids and proposals and enter into contracts in an amount not to exceed $25,000 for each contract, provided sufficient sums are appropriated and unencumbered in the County or, as applicable, district budget and there are sufficient cash resources available to pay the maximum consideration set forth in each and every contract B. The County Administrator is authorized to award competitive bids and proposals and enter into contracts in an amount not to exceed $150,000 for any single contract, provided sufficient sums are appropriated and unencumbered in the County budget and there are sufficient cash resources available to pay the maximum consideration set forth in each and every contract. For purposes of this subsection contracts shall include agreements between the county and any public entity, including federal, state and local governments. C. In determining the monetary limits of authority to enter into contracts on behalf of the County, the cost or price for the entire term, including optional renewals shall be considered. (Ord. 2020-005 §1. 2020; Ord. 2014-024 §1, 2014; Ord. 2008-023, §1, 2008; Ord. 2005-010 §1, 2005) 2.37.065 Competitive Sealed Proposals - repealed by Ord. 2014-024. 2.37.070. Class Special Procurements. A. The County may award a public contract ruder a Class Special Procurement pursuant to the requirements of ORS 279B.085. Such procurements allow the County to enter into one or more contracts over time without following the requirements of competitive sealed bidding, competitive sealed proposals or intermediate procurements. B. The Board of County Commissioners declares the following as classes of special procurements. Such contracts may be awarded in any manner, which the Solicitation Agent deems appropriate to the County's needs, including by direct appointment or purchase. Except where otherwise provided the Solicitation Agent shall make a record of the method of award. 1. Manufacturer Direct Supplies. The County may purchase goods directly from a manufacturer without competitive bidding if a large volume purchase is required and the cost from the manufacturer is the same or less than the cost the manufacturer charges to its distributor(s). Procurements of this type are made on a contract -by -contract basis and are not requirements contracts. 2. Purchase of Advertising Contracts. Contracts for the placing of notices or advertisements may be published in any medium. 3. Contracts Up to $10,000. Contracts of any type for which the contract price does not exceed $10,000 without a record of the method of award. 4. Copyrighted Materials; Library Materials. The County may purchase copyrighted materials where there is only one known supplier available for such goods. This includes, but is not limited to, works of art, books, periodicals, curriculum materials, reference materials, audio and visual media, training materials in any media and non -mass marketed software from a particular publisher or its designated distributor. 5. Requirements Contracts. The County may competitively select a vendor to provide specified goods and services that are routine or repetitive over a defined contract term at particular prices even though the precise volume or number of such purchases is not known in advance. 6. Use of Existing Contractors. When a public improvement is in need of minor alteration or repair at or near the site of work being performed by another County contractor, the County may hire that contractor to perform the work, provided: a. The contractor was hired through a selection process permitted by County Code; b. The Solicitation Agent fast obtains a price quotation for the additional work fiom the contractor that is Deleted: os competitive and reasonable; Deleted: t4 Chapter 2.37 4 (20� c. The total cost of the proposed work and the original work will not exceed the Bureau of Labor and Industries' prevailing wage threshold; and d. The original contract is amended to reflect the new work and is approved by the Purchasing Agent before work begins. 7. Purchase of Used Personal Property or Equipment. The County may directly purchase used personal property and equipment if such property is suitable for the County's needs and can be purchased for a lower cost than substantially similarly new property. For this purpose the cost of used property shall be based upon the life -cycle cost of the property over the period for which the property will be used by the County. 8. Hazardous Material Removal and Oil Clean-up. When ordered to clean up or remove hazardous material or oil by the Oregon Department of Environmental Quality, the County may directly acquire such services from any qualified or certified vendor. In doing so, the following conditions apply: a. To the extent reasonable under the circumstances, encourage competition by attempting to obtain informal price quotations or proposals fiom potential suppliers of goods and services. b. The county department responsible for managing or coordinating the clean-up shall prepare and submit to the Purchasing Agent a written description of the circumstances that require it and a copy of the DEQ order for the cleanup , together with a request for contract authorization; c. The county department shall record whether there was time for competition, and, if so, the measures taken to encourage competition, the amount of the price quotations obtained, if any, and the reason for selecting the contractor to whom award is made; and d. The timeline for cleanup does not pennit use of intermediate or formal procurement procedures. 9. Change orders and amendments to contracts and price agreements. The County may execute contract amendments and change orders, as follows: a. An original valid contract exists between the parties; b. The change order is within the general scope of the contract; c. The change order is implemented in accordance with the change provisions of the contract; d. The amount of the aggregate cost change resulting fiom all change orders does not exceed twenty-five (25%) of the initial contract; and e. The change order does not modify the contract's terns and conditions except to reflect a change in: (i) the amount of payments; (ii) technical specifications, time of delivery, place of delivery, form of delivery, quantity or manufacturer of services or goods; (iii) completion date of the project; (iv) any combination of the foregoing under the Contract; and (v) the amounts of any applicable performance and payment bonds are proportionally increased. d. Contract change orders are authorized under this subsection where the original contractor is allegedly in default and the contractor's surety can provide substitute performance pursuant to the original contract to complete or correct the work at hand. 10. Concession Agreements. Contracts entered into by the Fair and Expo Center which grant a franchise or concession to a private entity or individual to promote or sell, for its own business put -poses, specified types of goods or services from all or a portion of the fairgrounds and under which the concessionaire or promoter makes payments to the Fair and Expo Center based, at least in part, on the concessionaire's revenues from sales or the value of such promotion to the sponsor's business, whether on or off the fairgrounds property. The Director of the Fair and Expo Center shall, subject to approval of the Deschutes County Fair Board, prepare and implement selection criteria, based upon the proprietary nature of the Fair and Expo Center. A Concession Agreement does not include an agreement, which represents a rental, lease, license, permit or other arrangement for the use of public property. The Fair and Expo Center Director may award concession agreements in connection with the annual fair by any method deemed appropriate by the Director, including without limitation, by direct appointment, private negotiation, from a qualified pool, or using a competitive process. Deleted:08 _ __ Deleted: 14 Chapter 2.37 11. Equipment Repair. Contracts for equipment repair or overhauling, provided the service or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing. 12. Abandoned, Seized and Non -Owned Personal Property. Contracts or arrangements for the sale or other disposal of abandoned, seized or other personal property not owned by the County at the time the County obtains possession are not subject to competitive procurement procedures. 13. Sponsorship Agreements. Sponsorship agreements, under which the County receives a gift, donation or consideration in exchange for official recognition of the person making the donation or payment may be awarded by any method deemed appropriate by the County, including without limitation, by direct appointment, negotiation, fiom a qualified pool, or using a competitive process. 14. Renewals. Contracts that are being renewed in accordance with their terms (and may include a fiscal aadiustment not exceeding on -half of the established CPI January — January COLA) are not considered to be newly issued Contracts and are not subject to competitive procurement procedures. 15. Temporary Extensions or Renewals. Contracts for a single period of one year or less, for the temporary extension or renewal of an expiring and non-renewable, or recently expired contract, other than a contract for public improvements. 16. Temporary Use of County -Owned Property. The County may negotiate and enter into a license, permit or other contract for the temporary use of County -owned property without using a competitive selection process if: a. The contract results from an unsolicited proposal to the County based on the unique attributes of the property or the unique needs of the proposer; b. The proposed use of the property is consistent with the County's use of the property and the public interest; and a The County reserves the right to terminate the contract without penalty, in the event that the County determines that the contract is no longer consistent with the County's present or planned use of the property or the public interest. 17. Event agreements between the Fair and Expo Center and private parties, which represent a rental, lease, license, permit or other arrangement for the use of a portion of the fairgrounds property whether a fee is paid or not. 18. Franchises for cable television and for collection and disposal or processing of solid waste and recyclable material. 19. Leases and revocable permits for use of county -owned real property, including right-of-way. 20. Contracts for paper products which are specified to be used in conjunction with the County Clerk's election ballot tabulation equipment. 21. Collective bargaining agreements 22. Contracts with area humane societies, which generally involve receipt, care for and disposition of stray domestic animals. (Ord. 2020-005 §1, 2020; Ord. 2014-024 §1, 2014; Ord. 2008-023, §1, 2008; Ord. 2005-010 §1, 2005) 2.37.080. Exemption for Certain Personal Services. A. The County may award contracts for personal services, as defined in DCC 2.37.050, under the procedures of ORS 279C.100 through 279C.125 and the Model Rules which implement such statutes, or subsection B of this section without following the selection procedures set forth elsewhere in the Model Rules. B. Direct Appointment. In any of the following circumstances a qualified provider of personal services may be appointed under any method deemed in the County's best interest by the Solicitation Agent, including by direct appointment. 1. Under circumstances which could not reasonably have been foreseen which create a substantial risk of loss, damage, interruption of services or threat to the public health and safety and require the prompt performance of the services to remedy the situation; or Deleted: os Deleted: 14 Chapter 2.37 6 (2029� 2. Where the estimated fee does not exceed $25,000 in any fiscal year or $150,000 over the full term, including optional renewals; or 3. Contracts of not more than $150,000 for the continuation of work by a contractor who performed preliminary studies, analysis or planning for the work under a prior contract may be awarded without competition if the prior contract was awarded under a competitive process and the Solicitation Agent determines that use of the original contractor will significantly reduce the costs of or risks associated with the work. 4. Contracts for maintenance, repair and technical support for computer hardware, software and networking systems. 5. Services provided by a psychologist, psychiatrist or psychiatric nurse practitioner. C. Direct appointment pursuant to this section shall be competitive to the extent practicable and may be based upon criteria which include without limitation the provider's experience, available resources, the project's location and the provider's pricing. D. The County may select a provider of personal services under this section from a qualified pool, or from: 1. The County's current list of qualified providers; 2. From another public contracting agency's current list of qualified providers pursuant to an intergovernmental agreement; or 3. From among all qualified providers offering the necessary services that the County can reasonably locate under the circumstances. E. Design -Build or Construction Manager/General Contractor. Contacts for the construction of public improvements using a design/build or construction manager/general contactor construction method shall be awarded under a request for proposals. The determination to construct a project using a design/build or construction manager/general contractor construction method must be approved by the Board or its designee, upon application of the Purchasing Agent and in compliance with competitive bidding requirements as specified in ORS 279A.065(3). (Ord.2014-024 §1, 2014; Ord. 2008-023, §1, 2008; Ord. 2005-010 §1, 2005) 2.37.090. Exemption from Sealed Bids or Proposals. In addition to the contracts not subject to the Public Contracting Code, pursuant to ORS 279A.025, and contracts which are exempt from competitive bidding and proposal requirements under this chapter, contracts may be awarded as follows: A. Contracts, other than contracts for personal services, may be awarded without competitive sealed bids under ORS 279B. 055 and without competitive sealed proposals under ORS 27913.060, pursuant to ORS 279B.065, 279B.070, 27913.075, 279B.080, or 27913.085 and the Model Rules for the following classes of cases: I. The Purchasing Agent determines that an emergency condition exists which requires prompt execution of a contract. The determination shall be made prior to execution of a contract and part of the acquisition record. Exemption under this paragraph shall include exemption from bid security and payment and performance bond requirements. An amendment to any contact entered into pursuant to this paragraph shall be approved in accordance with required procurement procedures. 2. Contacts under $10,000 need not be awarded competitively. 3. Contracts exceeding $10,000 but not exceeding $150,000, where competitive quotes or proposals are obtained. B. Where a contract is awarded under paragraphs 3 of subsection A of this section, the department awarding the contruct shall obtain at least three (3) informally solicited quotes or proposals, if possible; shall document in its records the quotes and proposals received, and if fewer than three, the effort that was made to obtain quotes or proposals. A quote or proposal received by telephone shall be considered a written quote when it is recorded in records of the County. A quote or proposal received by email shall be considered a written quote or proposal when it is received by the County. C. If a contract is awarded under this section, the County shall award the contract to the offeror whose Deleted: os quote or proposal will best serve the County's interests, taking into account price, as well as, Deleted: ra Chapter 2.37 7 considerations including, but not limited to experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110. D. The Board may approve a contract specific special procurement if it finds after giving notice pursuant to ORS 279B.055(4) that a written request submitted by the Purchasing Agent demonstrates that the use of a special procurement as described in the request, or in alternative procedures described by the Purchasing Agent will: 1. Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and 2. Is reasonably expected to result in substantial cost savings to the county or to the public, or otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 27913.065 or 279B.070. E. Unless otherwise provided in the contract or purchase order, the provisions of Section 2.37.150 shall apply to all contracts entered into pursuant to this section. (Ord.2014-024 §1,2014; Ord. 2008-023, § 1, 2008) 2.37.100. Purchases through Federal Programs. Goods and services may be purchased without competitive procedures under a local government purchasing program administered by the United States General Services Administration ("GSA") as provided in this section. A. The procurement must be made in accordance with procedures established by GSA for procurements by local governments, and under purchase orders or contracts submitted to and approved by the Purchasing Agent or the Board. The Solicitation Agent shall provide the Purchasing Agent with a copy of the letter, memorandum or other documentation from GSA establishing permission to the County to purchase under the federal program. B. The price of the goods or services must be established under price agreements between the federally approved vendor and GSA. C. The price of the goods or services must be less than the price at which such goods or services are available under state or local cooperative purchasing programs that are available to the County. D. If a single purchase of goods or services exceeds $150,000, the Solicitation Agent must obtain informal written quotes or proposals from at least two additional vendors (if reasonably available) and find, in writing, that the goods or services offered by GSA represent the best value for the County. This subsection does not apply to the purchase of equipment manufactured or sold solely for military or law enforcement purposes. (Ord. 2008-023, §1, 2008; Ord. 2005-010 §1, 2005) 2.37.110. Contracts for Disposal of Personal Property. A. General Methods. Except as otherwise provided in subsection E of this section, surplus property may be disposed of by any of the following methods upon a determination by the Solicitation Agent that the method of disposal is in the best interest of the County. Factors that may be considered by the Solicitation Agent include costs of sale, administrative costs, and public benefits to the County. The Solicitation Agent shall maintain a record of the reason for the disposal method selected, and the manner of disposal, including the name of the person to whom the surplus property was transferred. 1. Governments. Without competition, by transfer or sale to another County department or public agency. 2. Auction. By publicly advertised auction to the highest bidder. 3. Bids. By publicly advertised invitation to bid. 4. Liquidation Sale. By liquidation sale using a commercially recognized third -party liquidator selected in accordance with rules for the award of personal services contracts. Deleted:08_ _ Deleted: 14 —� Chapter 2.37 5. Fixed Price Sale. The Solicitation Agent may establish a selling price based upon an independent appraisal or published schedule of values generally accepted by the insurance industry, schedule and advertise a sale date, and sell to the fast buyer meeting the sales terms. 6. Trade -In. By trade-in, in conjunction with acquisition of other price -based items under a competitive solicitation. The solicitation shall require the offer to state the total value assigned to the surplus property to be traded. 7. Donation. By donation to any organization operating within or providing a service to residents of the County which is recognized by the Internal Revenue Service as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended- B. Disposal of Property with Minimal Value. Surplus property which has a value of less than $500, or for which the costs of sale are likely to exceed sale proceeds may be disposed of by any means determined to be cost-effective, including by disposal as waste. The official making the disposal shall make a record of the value of the item and the manner of disposal. C. Personal -Use Items. An item (or indivisible set) of specialized and personal use with a current value of less than $100, other than police officer's handguns which may exceed $100 in value, may be sold to the employee or retired or terminated employee for whose use it was purchased. These items may be sold for fair market value without bid and by a process deemed most efficient by the Purchasing Agent or the Board. D. Restriction on Sale to County Employees. County employees shall not be restricted from competing, as members of the public, for the purchase of publicly sold surplus property, but shall not be permitted to offer to purchase property to be sold to the first qualifying bidder until at least three days after the first date on which notice of the sale is first publicly advertised. E. The provisions of this section are in addition to other methods of disposition of surplus county property provided by DCC chapter 2.70 state law Qr analogous provisions of federal law. _ _ _ _ _ _ _ - Deleted: ana oxs 47sn (Ord. 2020-005 &1, 2020: Ord. 2008-023, §1, 2008; Ord. 2005-010 §1, 2005) 2.37.120. Notice of Intent to Award; Notice to Proceed and Contract Administration A. At least seven (7) days before the award of a public contract, unless the Purchasing Agent or the Board determines that seven days is impractical, the Purchasing Agent shall post on the county's website or provide each bidder or proposer notice of the county's intent to award a contract. This subsection does not apply to a contract awarded as a small procurement under ORS 279B.065, an intermediate procurement under ORS 279B.070, a sole -source procurement under ORS 279B.075, an emergency procurement under ORS 279B.080 or a special procurement under ORS 279B.085. B. Unless a timely protest is received and after issuing notice in accordance with subsection A of this section, if required, the Purchasing Agent shall prepare a contract in accordance with the contractor selection results and furnish same for the contractor's execution. C. After the contractor has executed the contract and furnished bonds, if required, and proofs of insurance the Purchasing Agent shall execute the contract, if within the Purchasing Agent's authority, or submit same to the Board for approval. D. If the Board approves the contract, it shall adopt an order or otherwise authorize the Purchasing Agent to execute the contract and to approve change orders within the scope of 2.37.080.B.9 or amendments within the scope of the project for which the contract has been prepared. E. The contractor shall not begin work under the contract until the contract is fully executed and in the case of public works contracts the county has issued and delivered a Notice to Proceed. F. For purchases of goods the county may indicate in the solicitation that the selected contractor will be issued a purchase order, which refers to 2.37.150 for required contract terms. (Ord.2008-023,§1,2008) Deleted: 08 z Deleted: l4 Q2J202_q)%. Chapter 2.37 2.37.130. Qualified Pool. A. General. To create a qualified pool, the Purchasing Agent or Board may invite prospective contractors to submit proposals to the County for inclusion as participants in a pool of contractors qualified to provide certain types of goods, services, or projects including personal services, and public improvements. B. The invitation to participate in a qualified pool shall be advertised in the manner provided for advertisements of invitations to bid and requests for proposals by publication in at least one newspaper of general statewide circulation. If qualification will be for a term that exceeds one year or allows open entry on a continuous basis, the invitation to participate in the pool must be re -published at least once per year and shall be posted at the County's main office and on its website. C. Contents of Solicitation. Requests for participation in a qualified pool shall describe the scope of goods or services or projects for which the pool will be maintained, and the minimum qualifications for participation in the pool, which may include, but shall not be limited to qualifications related to financial stability, contracts with manufacturers or distributors, certification as an emerging small business, insurance, licensure, education, training, experience and demonstrated skills of key personnel, access to equipment, and other relevant qualifications that are important to the contracting needs of the County. The solicitation may provide that proposals will be evaluated and decisions over participation will be made based upon proposers meeting minimum qualifications, as well as the price or rate of compensation for particular services in the county's best interest. D. The operation of each qualified pool may be governed by the provisions of a retainer contract to which the County and each qualified pool participant is a party. The Contract shall contain or incorporate by reference all terms required by the County, including, without limitation, price, performance, business registration or licensure, continuing education, equipment, staff resources, insurance, required standard contract terms as set forth in Section 2.37.150 and requirements for the submission, on an annual or other periodic basis, of evidence of continuing qualification. The selection procedures shall be objective and open to all qualified pool participants and afford all participants the opportunity to compete for or receive job awards. Unless expressly provided in the retainer contract, participation in a qualified pool will not entitle a participant to an award of any County contract. The county will refer to the qualified pool participants or any subset of such pool established by the County in determining when particular services are needed, and select the most appropriate participant for award of a contract, which may be based upon County solicitation of additional competitive proposals. E. Use of Qualified Pools. Subject to the provisions of these regulations concerning methods of solicitation for classes of contracts, the Solicitation Agent or the Board shall award all contracts for goods or services of the type for which a qualified pool is created from among the qualified participants, unless the Solicitation Agent or the Board determines that best interests of the County require traditional solicitation, in which case, pool participants shall be notified of the solicitation and invited to submit competitive proposals. F. Amendment and Termination. The Purchasing Agent or the County may discontinue a qualified pool at any time, or may change the requirements for eligibility as a participant in the pool at any time, by giving notice to all participants in the qualified pool. G. Protest of Failure to Qualify. The Purchasing Agent shall notify any applicant who fails to qualify for participation in a pool that it may appeal a qualified pool decision to the Board in the manner described in section 2.37.140. (Ord. 2008-023, §1, 2008; Ord. 2005-010 §1, 2005) 2.37.140. Contested Case Procedures. A. Any person who has been debarred from competing for County contracts or for whom prequalification has been denied, revoked or revised, or who would be entitled under the Public Contracting Code and who wishes to file a protest must appeal the County's decision to the Board as provided in this section. The Board may conduct a de novo hearing or appoint a hearing officer to conduct such a hearing and Deieted: os Chapter 2.37 i .Deleted: 14 10 (?� ; recommend a decision, in which case the Board shall consider the matter on the record developed by the hearing officer, and, if specifically allowed by the Board, on de novo review or limited de novo review. B. For purposes of this section, "Party" means: 1. Each person entitled as of right to a hearing before the Board; 2. Each person named by the County to be a party; or 3. Any person requesting to participate before the agency as a patty or in a limited party status which the County determines either has an interest in the outcome of the County's proceeding or represents a public interest in such result. C. Filing of Appeal. The person must file and the County must receive a written (hard copy, not fax or electronic) notice of appeal with the Purchasing Agent no later than seven (7) days after the prospective contractor's receipt of notice of the County's decision which is the subject of the protest. If the seventh day falls on a Saturday, Sunday or legal holiday, the deadline shall be extended to the next regular business day. The notice of the County's decision shall be deemed received no later than three (3) days after the date on which the County makes the decision. Except as otherwise provided in this section, the contents and filing of protests shall be in accordance with the Public Contracting Code (ORS 27913.400 to 279B.425) and the Model Public Contracting Rules (OAR 137-047-0700 to 137-047-0800). D. Parties may elect to be represented by counsel and to respond and present evidence and argument on all issues involved. E. Unless precluded by law, informal disposition may be made of any case by stipulation, agreed settlement, consent order, default or written agreement. F. Members of the Board shall place on the record a statement of the substance of any written or oral ex parse communications on a fact in issue made to the member during the pendency of the proceeding and notify the parties of the communication and of their right to rebut such communications. G. The record in support of a decision shall be made at the time set for hearing or any extension thereof approved by the Board. Testimony may be given without oath or affirmation. Cross-examination of witnesses by parties shall not be allowed. Provided however, the Board may question any witness appearing before it. A verbatim oral, written or mechanical record shall be made of all motions, rulings and testimony. The Board presiding at the hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the presiding officer. The record need not be transcribed unless requested for purposes of court review. The party requesting transcription shall pay the cost thereof unless the Board determines on affidavit the indigence of the requesting party. H. Evidence in contested cases. In contested cases: I. Irrelevant, immaterial or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shall not preclude action on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. The Board shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form. 2. All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to and except as provided in paragraph (4) of this subsection, no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position in a case rests on the proponent of the fact or position. 3. Every party shall have the right to submit rebuttal evidence. 4. The Board may take notice of judicially cognizable facts. Parties shall be notified at any time during the proceeding but in any event prior to the final decision of material officially noticed and they shall be afforded an opportunity to contest the facts so noticed. 5. Cross-examination of witnesses is not allowed, however, questions may be tendered to the chair who may then direct all or some of such questions to a witness. Dented: oa Deleted: 14 Chapter 2.37 11 (12/2(gW_ 1. Costs. The Board may allocate the County's costs for the hearing between the appellant and the County. The allocation shall be based upon facts found by the Board and stated in the Board's decision that, in the Board's opinion, warrant such allocation of costs. If the County does not allocate costs, the costs shall be paid by the appellant, if the decision is upheld, or by the County, if the decision is overturned. J. The Board shall issue a written, proposed final order, including findings of fact and conclusions of law, and furnish a copy thereof on all parties. The proposed order shall become final no later than seven (7) days following the date of the proposed order, unless the Board within that period issues an amended order. (Ord. 2008-023, §1, 2008; Ord. 2005-010 §1, 2005) 2.37.150. Standard Contract Provisions. A. Except as otherwise provided in the solicitation document or otherwise approved by the Purchasing Agent or County Legal Counsel, the following standard public contract provisions shall be included expressly, by reference or by URL hyperlink where appropriate, in every contract of the County. 1. Contractor shall make payment promptly, as due, to all persons supplying to such contractor labor or material for the prosecution of the work provided for in the contract, and shall be responsible for payment to such persons supplying labor or material to any subcontractor. 2. Contractor shall pay promptly all contributions or amounts due to the State Industrial Accident Fund and the State Unemployment Compensation Fund from contractor or any subcontractor in connection with the performance of the contract. 3. Contractor shall not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material furnished, shall assume responsibility for satisfaction of any lien so filed or prosecuted and shall defend against, indemnify and hold County harmless from any such lien or claim. 4. Contractor and any subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 5. For public improvement and construction contracts only, if contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or a subcontractor by any person in connection with the public contract as such claim becomes due, the County may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the contractor by reason of the contract. The payment of a claim in a manner authorized hereby shall not relieve the contractor or its surety from the obligation with respect to any unpaid claim. If the County is unable to determine the validity of any claim for labor or services furnished, the County may withhold from any current payment due contractor an amount equal to said claim until its validity is determined, and the claim, if valid, is paid by the contractor or the County. There shall be no final acceptance of the work under the contract until all such claims have been resolved. 6. Contractor shall make payment promptly, as due, to any person, co -partnership, association or corporation furnishing medical, surgical, hospital or other needed care and attention, incident to sickness or injury, to the employees of contractor, of all sums which the contractor agreed to pay or collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing payment for such service. 7. With certain exceptions listed below, contractor shall not require or pen -nit any person to work more than 10 hours in any one day, or 40 hours in any one week except in case of necessity, emergency, or where public policy absolutely requires it, and in such cases the person shall be paid at least time and a half for: a. All overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday, or b. All overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday, and -- - Deleted_ 08 Deleted: .71 Chapter 2.37 12 c. All work performed on the day specified in ORS 279B.020(1) for non-public improvement contracts or ORS 279C.540(1) for public improvement contracts. For personal service contracts as designated under ORS 279A.055, instead of (a) and (b) above, a laborer shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under these contracts who are excluded under ORS 653.010 or 653.261 or under 29 USC Sections 201 to 209, from receiving overtime. Contractor shall follow all other exceptions, pursuant to ORS 27913.235 (for non-public improvement contracts) and ORS 279C.540 (for improvement contracts), including contracts involving collective bargaining agreements, contracts for services and contracts for fire prevention and suppression. This paragraph 7 does not apply to contracts for purchase of goods or personal property. Contractor must give notice to employees who work on a public contract in writing, either at the time of hire or before cone mencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. 8. The hourly rate of wage to be paid by any contractor or subcontractor to workers upon all public works shall be not less than the applicable prevailing rate of wage for an hour's work in the same trade or occupation in the locality where such labor is performed, in accordance with ORS 279C.800 to ORS 279C.850. For projects covered by the federal Davis -Bacon Act (40 USC 276a), contractor and subcontractor shall pay workers the higher of the state or federal prevailing rate of wage. 9. The contractor, its subcontractors, if any, and all employers working under the contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, or otherwise be exempt under ORS 656.126. 10. As to public improvement and construction contracts, Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to those dealing with the prevention of environmental pollution and the preservation of natural resources that affect the performance of the contract. Entities which have enacted such laws or regulations include the following: Federal: Department of Agriculture, Forest Service, Soil Conservation Service, Army Corps of Engineers, Department of Energy, Federal Energy Regulatory Commission, Environmental Protection Agency, Department of Health and Human Services, Department of Housing and Urban Development, Solar Energy and Energy Conservation Bank, Department of Interior, Bureau of Land Management, Bureau of Indian Affairs, Bureau of Mines, Bureau of Reclamation, Geological Survey, Minerals Management Service, U.S. Fish and Wildlife Service, Department of Labor, Mine Safety and Health Administration, Occupational Safety and Health Administration, Department of Transportation, Coast Guard, Federal Highway Administration, Water Resources Council, and Department of Homeland Security State: Department of Administrative Services, Department of Agriculture, Columbia River Gorge Commission, Department of Consumer and Business Services, Oregon Occupational Safety and Health Division, Department of Energy, Department of Environmental Quality, Department of Fish and Wildlife, Department of Forestry, Department of Geology and Mineral Industries, Department of Human Resources, Department of Land Conservation and Development, Department of Parks and Recreation, Soil and Water Conservation Commission, State Engineer, Department of Transportation, State Land Board, Water Resources Department. Local: City Councils, County Boards of Commissioners, County Service Districts, Sanitary Districts, Water Districts, Fire Protection Districts, Historical Preservation Commissions and Planning Commissions. If new or amended statutes, ordinances, or regulations are adopted, or the contractor encounters a condition not referred to in the bid document not caused by the contractor and not discoverable by reasonable site inspection which requires compliance with federal, state, or local laws or regulations dealing with the prevention of environmental pollution or the preservation of natural resources, both the County and the contractor shall have all the rights and obligations specified in ORS 279C.525 to Dented: os —� handle the situation. Deleted: 14 Chapter 2.37 13 11. The contract may be canceled at the election of County for any substantial breach, willful failure or refusal on the part of contractor to faithfully perform the contract according to its terms. The County may terminate the contract by written order or upon request of the contractor, if the work cannot be completed for reasons beyond the control of either the contractor or the County, or for any reason considered to be in the public interest other than a labor dispute, or by reason of any third party judicial proceeding relating to the work other than one filed in regards to a labor dispute, and when circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the work. In either case, for public improvement contacts, if the work is suspended but the contact not terminated, the contactor is entitled to a reasonable time extension, costs, and overhead per ORS 297C.655. Unless otherwise stated in the contract, if the contact is terminated, the contractor shall be paid per ORS 279C.660 for a public improvement contact. 12. If the County does not appropriate funds for the next succeeding fiscal year to continue payments otherwise required by the contract, the contract will terminate at the end of the last fiscal year for which payments have been appropriated. The County will notify the contractor of such non - appropriation not later than 30 days before the beginning of the year within which funds are not appropriated. Upon termination pursuant to this subsection, the County shall have no further obligation to the contractor for payments beyond the termination date. This provision does not pernit the County to terminate the contact in order to provide similar services or goods from a different contractor. 13. By execution of the contract, contractor certifies, under penalty of perjury that: a. To the best of contractor's knowledge, contactor is not in violation of any tax laws described in ORS 305.380(4), and b. Contractor has not discriminated against minority, women or small business enterprises in obtaining any required subcontracts. c. Contactor prepared its bid or proposal related to this Agreement independently from all other bidders or proposers, and without collusion, fiaud or other dishonesty. 14. Contractor agrees to prefer goods or services that have been manufactured or produced in this State if price, fitness, availability or quality are otherwise equal. 15. Contractor agrees not to assign the contact or any payments due under the contact without the proposed assignee being first approved and accepted in writing by the County. 16. Contactor agrees to snake all provisions of the contract with the County applicable to any subcontractor performing work under the contract. 17. The County will not be responsible for any losses or unanticipated costs suffered by contractor as a result of the contractor's failure to obtain full information in advance in regard to all conditions pertaining to the work. 18. All modifications and amendments to the contract shall be effective only if in writing and executed by both parties. 19. The contractor certifies he or she has all necessary licenses, permits, or certificates of registration (including Construction Contactor Board regist ition or Landscape Contractor Board license, if applicable), necessary to perforn the contract and finther certifies that all subcontractors shall likewise have all necessary licenses, permits or certificates before performing any work. The failure of contractor to have or maintain such licenses, permits or certificates is grounds for rejection of a bid or immediate termination of the contract. 20. Unless otherwise provided, data which originates fit-om the contact shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the County. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. Data which is delivered under the contact, but which does not originate therefrom shall be transferred to the County with a nonexclusive, royalty-fi•ee, irrevocable license to publish, tanslate, reproduce, deliver, perform, Deleted: m dispose of and to authorize others to do so; provided that such license shall be limited to the extent Chapter 2.37 14 «��� which the contractor has a right to grant such a license. The contractor shall exert all reasonable effort to advise, the County, at the time of delivery of data fumished under the contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of the contract. The County shall receive prompt written notice of each notice or claim of copyright infringement received by the contractor with respect to any data delivered under the contract. The County shall have the right to modify or remove any restrictive markings placed upon the data by the contractor. 21. If as a result of the contract, the contractor produces a report, paper publication, brochure, pamphlet or other document on paper which uses more than a total 500 pages of 8 %2" by I F paper, the contractor shall use recycled paper with at least 25% post -consumer content which meets printing specifications and availability requirements. In all other cases Contractor shall make reasonable efforts to use recycled materials in the performance of work required under the contract. 22. Unless otherwise provided in the contract approved by county legal counsel or in the bid documents, the current editions of the Oregon Standard Specifications for Construction adopted by the State of Oregon, and the Manual on Uniform Traffic Control Devices, shall be applicable to all road construction projects. 23. As to contracts for lawn and landscape maintenance, the contractor shall salvage, recycle, compost or mulch yard waste material in an approved, site, if feasible and cost-effective, 24. When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, the contractor shall promptly report to the Department of Revenue on forms to be provided by the department the total contract, price, terms of payment, length of contract and such other information as the department may require before the County will make final payment on the contract. 25. In the event an action, lawsuit or proceeding, including appeal therefrom, is brought for violation of or to interpret any of the terms of the contract, each party shall be responsible for their own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. 26. Contractor is not carrying out a function on behalf of County, and County does not have the right of direction or control of the manner in which Contractor delivers services under the Contract or exercise any control over the activities of Contractor. Contractor is not an officer, employee or agent of County as those terms are used in ORS 30.265. Contractor covenants for itself and its successors in interest and assigns that it will not claim or assert that Contractor is an officer, employee or agent of the County, as those terms are used in ORS 30.265. 27. Contractor shall adhere to and enforce a zero tolerance policy for the use of alcohol and the unlawful selling, possession or use of drugs while performing work under the Contract. 28. The Contract is expressly subject to the debt limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being appropriated therefore. Any provisions herein, which would conflict with law, are deemed inoperative to that extent. 29. Contractor shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Contract. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws, regulations and executive orders: a) Titles VI and VII of the Civil Rights Act of 1964, as amended; b) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; c) the Americans with Disabilities Act of 1990, as amended and ORS 659A.112 through 659A.139; d) Executive Order 11246, as amended; e) the Health Insurance Portability and Accountability Act of 1996; f) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended; g) the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended; h) ORS Chapter 659A, as amended; i) all regulations and administrative rules established pursuant to the foregoing laws; and Deleted: 08 Deleted: 14 Chapter 2.37 15 (20 j) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. The above listed laws, regulations and executive orders and all regulations and administrative rules established pursuant to those laws are incorporated by reference herein to the extent that they are applicable to the Contract or required by law to be so incorporated. 30. Contractor and subcontractors shall cornply with the Oregon Consumer Identity Theft Protection Act (ORS 646A.600 et seq.). (Ord. 2008-023, §1, 2008) 31. Indemnification. To the fullest extent authorized by law, Contractor agrees to indemnify, defend, reimburse and hold harmless County, its officers, employees and agents (the "Indemnified Parties") from any and all threatened, alleged or actual claims, suits, allegations, damages, liabilities, costs, expenses, losses and judgments, including, but not limited to, those which relate to personal or real property damage, personal injury or death, attorney and expert/consultant fees and costs, and both economic and non -economic losses, to the extent caused by the negligence, breach of contract, breach of warranty (express or implied), or other improper conduct of Contractor, its employees, subcontractors, or anyone for whose acts Contractor is responsible. If claims are asserted against any Indemnified Party by an employee of the Contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contractor's indemnification obligation and other obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation, or benefits payable to the employee by or for the Contractor or subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts. (Ord. 20 t0-033, § I, 2010) 2.37.160. Competitive Electronic Auction Bidding. A. The County may utilize electronic or online solicitation, subject to the provisions of this Code, for the purchase of goods as provided in this section. Any of the steps provided in this section prior to award of a contract may be accomplished through the use of an agent. The objective of this procurement method is to inform suppliers prior to the close of an auction what the current low bid is and enable such suppliers to submit additional lower bids prior to the close of bidding or award of the contract. B. An invitation to bid (ITB) pursuant to this section shall be issued and shall include a procurement description and all contract tents, either expressly or by reference, including without limitation a description of the property to be purchased, required specifications, number of units, warranties, delivery date and location, the pool of potential suppliers, the method by which prospective offerors register with the county and any prequalification requirements, the county representative's name and contact information and the timeframe for which the auction will be open to bids. The ITB shall include notice that bids will be received in an electronic auction manner. C. The Solicitation must designate both an opening date and time and a closing date and time. The closing date and time need not be a fixed point in time, but may remain dependant on a variable specified in the solicitation. At the opening date and time, the county must begin accepting real time electronic offers. The solicitation must remain open until the closing date and time. The county may require offerors to register and prequalify before the opening date and time and, as a part of that registration, to agree to the terms, conditions, or other requirements of the solicitation. Following receipt of the first offer after the opening date and time, the lowest offer price or, if proposals are accepted, the ranking of each proposal (without disclosing the identity of the proposer), must be posted electronically to the internet and updated on a real time basis. At any time before the closing date and time, an offeror may lower the price of its offer or revise its proposal except that after opening date and time, an offeror may not lower its price unless that price is below the then lowest offer. Offer prices may not be increased after opening. Except for offer prices, offers may be modified only as otherwise allowed by these rules or the solicitation dOCnnlent. ,Deleted: 08 Deleted:l4 Chapter 2.37 16 D. Withdrawal of bids may be allowed in accordance with OAR 137-047-0470 (Mistake). If an offer is withdrawn, no later offer submitted by the same offeror may be for a higher price. If the lowest responsive offer is withdrawn after the closing date and time, the county may cancel the solicitation or reopen the solicitation to all pre-existing offerors by giving notice to all pre-existing offerors of both the new opening date and time and the new closing date and time. Notice that electronic solicitation will be reopened must be given as specified in the solicitation document. E. Failure of the electronic procurement system. In the event of a failure of the electronic procurement system that interferes with the ability of offerors to submit offers, protest, or to otherwise meet the requirements of the procurement, the county may cancel the solicitation or may extend the solicitation by providing notice of the extension immediately after the system becomes available. F. At the conclusion of the auction the records of bids received and the identity of each bidder shall be open to public inspection. G. The contract shall be awarded within 60 days by written notice to the lowest responsible bidder. Extensions of the date of the award may be made by mutual written consent of the contracting officer and the low bidder. County may reject any proposals not in substantial compliance with all prescribed procedures and requirements, and may reject for good cause, any or all proposals upon a finding that it is in the public interest to do so. (Ord. 2008-023, §1, 2008) 2.37.170 Legal Review of Contracts (removed) (Ord. 2008-023, §1, 2008; Ord. 2005-010 §1, 2005) Deleted: 08 Deleted: 14 ---- Chapter2.37 17 (_42QW_ ' Chapter 4.06. SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS 4.06.010. Purpose. 4.06.020. Definitions. 4.06.025. Definition -Board. 4.06.030. Definition -Competitive Bidding. 4.06.035. Definition -Consultant. 4.06.040. Definition -Department. 4.06.045. Definition -Emergency Conditions. 4.06.050. Definition -Model Rules. 4.06.055. Definition -Performance History. 4.06.060. Definition -Personal Service Contract. 4.06.065. Definition -Professional Service Contract. 4.06.070. Definition -Public Contract. 4.06.075. Definition -Public Contracting Agency. 4.06.080. Definition -Sole Source Contractor. 4.06.085. Definition -Substantial Cost Savings. 4.06.100. Scope. 4.06.110. General Application. 4.06.120. Classes of Personal Service Contracts. 4.06.130. Bid -Type Contracts. 4.06.140. Screening and Selection of Personal Service Contracts. 4.06.150. Applicability. 4.06.160. Exempt Classes of Contracts. 4.06.170. Other Exemptions. 4.06.180. Alternative Procedures for Screening and Selection. 4.06.010. Purpose. The rules codified in DCC 4.06 are promulgated pursuant to the authority granted to that Board of County Commissioners by ORS 279A ORS 279B and ORS 279C as applicable, for the purpose of establishing a process for the competitive selection of persons or firms to perfonn personal service contracts. This process is intended to result in the selection of the most qualified contractor for the job based on the contractor's demonstrated competence and qualifications to perform the required personal services at a fair and reasonable price. (Ord. 2020-005 & 1, 2020; Ord. 96-065 § 1, 1996) 4.06.020. Definitions. For purposes of DCC 4.06, including the Model Rules adopted herein, unless otherwise apparent from the context, certain words and phrases used in DCC 4.06 are defined as set forth in DCC 4.06.025-085. (Ord. 96-065 §1, 1996) 4.06.025. Definition -Board. "Board" means the local contract review board for the County, as established by DCC 2.36. (Ord. 96-065 § 1, 1996) Deleted: 10 Deleted: 01 Chapter 4.06 1 (120QW J" 4.06.030. Definition -Competitive Bidding. "Competitive bidding" means the solicitation of competitive offers which follow the formal process for advertising, bid and bid opening required by ORS 279A ORS 279B, and/or ORS 279C, and applicable county code and rules of the Board_ _ - _ _ - - - - _ _ - Deleted: b (Ord. 2020-005 §1, 2020; Ord. 96-065 §1, 1996) 4.06.035. Definition -Consultant. "Consultant" means a person or firm retained by a public contracting agency under a personal service contract to perform a service, provide analysis or render an opinion. "Consultant" shall not be limited to professional service contractors but shall apply to all personal service contractors. (Ord. 96-65 §1, 1996) 4.06.040. Definition -Department. "Department" means any department of Deschutes County or inter -departmental team, work group, commission or other body or individual authorized by the board to retain contractors in order to carry out an identified function. (Ord. 96-065 § 1, 1996) 4.06.045. Definition -Emergency Conditions. "Emergency Conditions" mean circumstances creating a substantial risk of loss, damage, interruption of services or threat to public health or safety that could not have been reasonably foreseen and requires prompt execution of a contract to remedy the condition. (Ord. 96-065 § 1, 1996) 4.06.050. Definition -Model Rules. "Model Rules" means the Model Rules for Public Contracting Agency Screening and Selection of Persons to Perform Architectural and Engineering Personal Service Contracts which are contained in the Oregon _ Administrative Rules Chapter 137, Division _Sections _0100 through OUP, -(OAR 137-04 -0100 to _ - Deleted: 35 -� 13704 032 ---------- ------ --Deleted: 80 (Ord.2020-005 §1,2020 Ord. 96-065 §1, 1996) Deleted: 35 4.06.055. Definition -Performance History. Deleted: 35 "Performance history" means the demonstrated quality, completeness, professionalism, reliability or other Deleted: 80 relevant factors of a contractor's performance on past projects based on the public contracting agency's direct experience or the reported experiences of other public or private clients reasonably relied upon by the agency. (Ord. 96-065 §1, 1996) 4.06.060. Definition -Personal Service Contract. "Personal service contract" means any service contract aimed predominately at obtaining a service, as opposed to a product, where such service requires the contractor to exercise a high degree of technical skill or professional judgment and expertise and for which selection of the contractor is more appropriately based on the contractor's qualifications, including but not limited to, experience, training, knowledge and expertise, technical skill, creativity, artistic ability, performance history, and demonstrated ability to exercise sound professional judgment, rather than the price of service. -� (Ord. 96-065 § 1, 1996) Deleted: l0 Deleted- Chapter 4.06 4.06.065. Definition -Professional Service Contract. "Professional service contract" means a personal service contract for the services of an independent contractor acting in a professional capacity. (Ord. 96-065 § 1, 1996) 4.06.070. Definition -Public Contract. "Public contract" means any purchase, lease or sale of personal property, public improvements or services other than agreements which are exclusively for personal services. (Ord. 96-065 § 1, 1996) 4.06.075. Definition -Public Contracting Agency. "Public contracting agency" or "public agency" or "agency" means any agency of the State of Oregon, political subdivision thereof, or public body created by inter -governmental agreement which is authorized by law to enter into public contracts. (Ord.96-065 §1, 1996) 4.06.080. Definition -Sole Source Contractor. "Sole source contractor" means a contractor providing a particular service and/or level of expertise of such a unique nature, limited availability at the desired location, or superior quality that the public contracting agency may reasonably consider the contractor as the only practicable source for the service. (Ord.96-065 §1, 1996) 4.06.085. Definition -Substantial Cost Savings. "Substantial cost savings" means a savings in the contract price, which in the reasonable judgment of the department or board, is significant, and which is reasonably expected to result from the award of the contract to a particular contractor due to factors such as the type of service, contract price in relation to administrative cost, local availability of the service, and other factors as the department or board may deem appropriate. (Ord.96-065 §1, 1996) 4.06.100. Scope. DCC 4.06 establishes guidelines to assist departments in determining whether the procedures provided herein can be appropriately utilized, in lieu of competitive bidding pursuant to ORS 279A, ORS 279B and/or ORS 279C, for the selection of contactors. (Ord. 2020-005 & 1, 2020; Ord. 96-065 § 1, 1996) 4.06.110. General Application. The process established herein may be utilized for the selection of contractors under the following circumstances: A. The department intends to award the contact primarily on the basis of: 1. The contractor's qualifications including, but not limited to, experience, training, knowledge and expertise, technical skill, creativity, artistic ability, performance history, and demonstrated ability to exercise sound professional judgment and produce quality work; or 2. The quality of the contractor's proposed scope of work, including, but not limited to, the proposal's clarity, brevity, thoroughness, creativity, and demonstrated understanding of the project; and --_ ----. B. The price of the contact will be, at most, a secondary criterion in the selection process; and Deleted: to Deleted: 01 Chapter4.06 3 C. Selection of the contractor on the basis of the qualifications or proposed scope of work, rather than lowest price, is reasonably expected to result in the department obtaining the best service for the money; and D. The department is reasonably unable to develop adequate design and/or performance specifications for a contract and requires the contractor's training, knowledge and expertise to develop an appropriate scope of work statement; or E. In the event that a contract, other than a personal service contract, has been exempted fiom competitive bidding pursuant to applicable provisions of ORS 279A, ORS 279B and/or ORS 279C. and DCC , - Deleted:.015(2) 4.04.080 or pCC 4.04_090, and one of the screening and -selection methods described in DCC-4.06_ Deleted: ORS 279.015(3) and could be appropriately utilized. (Ord. 2020-005 § 1, 2020; Ord. 96-065 § 1, 1996) 4.06.120. Classes of Personal Service Contracts. Personal service contracts may include, but are not limited to, contracts with the following classes of service providers: A. Professionals perfonming as independent contractors including, but not limited to, accountants, financial consultants, attorneys, architectural or design consultants, land use planning consultants, physicians or dentists, psychologists or psychological counselors, engineers, appraisers or surveyors, data processing consultants, or consultants in biology, chemistry, geology, environmental, or other science. B. Non-professional consultants. C. Educational and human services care providers. D. Other specialized non-cormnercial service providers including, but not limited to, writers, public relations specialists, landfill and recycling facility operators, or hazardous waste specialists. E. Artists in the performing or fine arts, including, but not limited to, photogiuphers, filmmakers, painters, weavers, or sculptors. F. Other services or classes of service which the Board of County Commissioners by resolution may designate as personal services. (Ord. 96-065 §1, 1996) 4.06.130. Bid -Type Contracts. The following classes of contracts are NOT personal service contracts: A. Contracts predominately for a product, as opposed to a service, even if the contractor performs in a professional capacity. B. Service contracts, including contracts with temporary service or personnel agencies, to supply labor which is of a type that can generally be done by any competent worker including, but not limited to, data entry, janitorial services, landscape maintenance, window cleaning, or guard security. C. Contracts for trade -related projects considered to be labor and materials contracts. D. Contracts for services in a trade -related project, to accomplish routine, continuing and necessary functions, even though a specific license is required to engage in the activity including, but not limited to, vehicular and structural repair and/or maintenance. (Ord. 96-065 §1, 1996) 4.06.140. Screening and Selection of Personal Service Contracts. Except as otherwise provided in DCC 4.06, the screening and selection of persons or firms to provide personal service contracts shall be performed according to the applicable Model Rules contained at OAR Chapter 137, which are incorporated herein by this reference. - - -- - - Deleted:-35-000 to 137-35-080 ----------------------- - - - - -- - -- Where the informal selection procedure is required, a department may issue a request for qualifications to Deleted: to rank consultants for purposes of contiuct negotiations. The solicitation may be sent to fewer than five - - --- ,IJDeleted: Ot Chapter 4.06 4 (14204 prospective consultants if the required number cannot be reasonably located. A department need only select and rank the three most qualified consultants if it receives a sufficient number of proposals, and may otherwise select a lesser number for put -poses of contract negotiations. Nothing contained in the Model Rules or DCC 4.06 shall be construed so as to limit a department's ability to utilize a more formal or intensive selection procedure than the minimum procedure otherwise required. (Ord. 2020-005 & 1, 2020; Ord. 96-065 § 1, 1996) 4.06.150. Applicability. Where the terns "architectural or engineering services" or "architectural or engineering personal service contract" are used throughout the Model Rules, the particular requirements containing these terns shall apply to the type of professional or other personal service sought by a department. Where experience or expertise in "architecture," "engineering," or "construction" is suggested or required by the Model Rules, experience and expertise that is relevant to the type of professional or other personal service sought by the department shall satisfy the particular requirement. Where the Model Rules require the public contracting agency to review proposals according to "proposed solutions to any perceived design and constructability problems," the consultant's "design philosophy," or a "design competition," the department shall substitute and utilize criteria that are relevant to the type of professional or other personal service sought by the department. Where the Model Rules establish requirements for any "state public contracting agency," such requirement shall NOT be applicable to the County, board or any department, unless otherwise provided herein. (Ord. 96-065 §1, 1996) 4.06.160. Exempt Classes of Contracts. The selection of persons to perform personal services for the following classes of contracts shall be exempt from applicable procedures established by DCC 4.06: A. Maintenance, repair and technical support for computer hardware, software and networking systems. B. Maintenance, repair and technical support for central telephone system. C. Legal representation to assist County Counsel. D. Environmental assessment. E. Real estate appraisal. F. Mental health services provided by a psychologist, psychiatrist or psychiatric nurse practitioner. (Ord. 96-065 §1, 1996) 4.06.170. Other Exemptions. Additionally, the Board of County Commissioners may, by ordinance, exempt other classes of personal service contracts or, by resolution, exempt individual personal service contracts from the requirements of DCC 4.06 upon approval of any of the following findings submitted by the department seeking the exemption: A. Emergency Conditions. Emergency conditions exist that require prompt execution of the contract; or B. Sole Source Contractor. 1. The consultant sought by the department has been reasonably established as a sole source contractor; and 2. The awarding of the personal service contract pursuant to the exemption is reasonably expected to result in the selection of the most qualified consultant at a fair and reasonable price; or — - C. Unique Relationship/Experience. Deleted: 10 � 1 d• 1 ---_—_-- Chapter 4.06 l . The department has established over time a unique relationship with the desired contractor which: a. Gives the particular contractor a level of experience and/or expertise which renders the contractor uniquely suited for the work; and b. Makes it possible for the department to obtain a superior quality of service from the particular contractor; and c. Is reasonably expected to result in substantial cost savings to the department and/or County; and 2. The experience and/or expertise acquired by the contractor in the course of the relationship make it reasonably likely that the contractor would be selected to perform the service if standard selection procedures were utilized; and 3. The benefits to the department and County derived from the exemption, including superior service and cost savings, significantly outweigh any adverse effect on competition; or D. General Exemption. 1. It is unlikely that the exemption will encourage favoritism in the awarding of personal service contracts or substantially diminish competition for these contracts; and 2. The awarding of a personal service contract pursuant to the exemption will result in substantial cost savings to the department or County. (Ord. 96-065 § 1, 1996) 4.06.180. Alternative Procedures for Screening and Selection. The following alternative procedures may be utilized for the screening and selection of persons to perform personal services under any class of contact or individual contract exempted pursuant to DCC 4.06.160 and DCC 4.06.170 herein: A. Direct Appointment. The department may utilize the direct appointment procedure provided in the Model Rules; or B. Board Approved Procedure. The department may utilize any alternative method not provided in the Model Rules, or a modified form of any method provided in the Model Rules, approved by the Board of County Commissioners in the resolution or ordinance required by DCC 4.06.170 herein. (Ord. 96-065 §1, 1996) Deleted: 10 u Chapter 4.06 6 Chapter 4.12. SERVICE FEE ADJUSTMENTS 4.12.010. Annual Review. 4.12.020. Fee Changes -Departmental Analysis. 4.12.030. Annual Adjustment. 4.12.040. Adjustments -Hearing. 4.12.050. Publication and Distribution. 4.12.060. Emergency Fees -Duration. 4.12.070. Temporary Reduction -Duration. 4.12.080. Current Fees. 4.12.090. Actual Cost Service Fees. 4.12.010. Annual Review. Fees and charges for services shall be reviewed for compatibility with the actual cost of providing service prior to May 1 st of each year, and shall be adjusted and set as of each July 1st _ _ - Deleted: Apol (Ord. 2020-005 § 1, 2020; Ord. 85-005 § 1, 1985) 4.12.020. Fee changes -Departmental Analysis. Prior to May, Ist of each year, each department responsible the charging of a fee charge for service - Deleted: Apta shall submit to the County Administrator an analysis, on forms to be provided by the Chief Financial _ Officer. the fees currently being charged, the actual cost of the services provided, and the recommended fee - - Deleted: County Administrator -- ---- -------- - - - - -- - ------- - - - - - - adjustments, if any. (Ord. 2020-005 § 1, 2020; Ord. 2007-002, §2, 2007; Ord. 85-005 §2, 1985) 4.12.030. Annual Adjustment. For fees for which no new fee is recommended by a department head, an annual adjustment may be made_- _ - -Deleted: �ill based on the applicable Consumer Price Index (CPI) for all urban consumers, as compiled and published by the United States Department of Labor, Bureau of labor Statistics, as of the prior December. (Ord. 2020-005 1, 2020; Ord. 95-029 §1, 1995; Ord. 85-005 §3, 1985) 4.12.040. Adjustments -Hearing. The Board shall set for hearing, prior to June 25°i _ of each year, all adjustments to fees and charges for - Deleted: May rst services, and all new fees and charges for services. Fees and charges for services may be amended or added after a hearing by the Board by a proper resolution adopting the fees and charges for services. (Ord. 2020-005 §1, 2020; Ord. 85-005 §4, 1985) 4.12.050. Publication and Distribution. The Chief Financial Officet: shall compile and publish a compilation of all County fices and charges for, _ - Deleted: County Administrator services as of each July Ist, and shall disseminate such compilation to all County departments. (Ord. 2020-005 1, 2020; Ord. 2007-002, §2, 2007; Ord. 85-005 §5, 1985) 4.12.060. Emergency Fees -Duration. Emergency fees may be adopted administratively by the County Administrator or the Board for a period not to exceed one year. When a service is requested and no fee has been adopted by the Board, the County Deleted: or Administrator, on behalf of the Board, shall declare a fee which shall be based upon the work to be -- _� Deleted:07 Chapter 4.12 performed and cost of providing the service. Any fee charged by the County which is established or authorized by any govermnental entity may be amended administratively by the County Administrator upon amendment of such fee or authorization by the governmental entity. (Ord. 2007-002, §2, 2007; Ord. 88-037 § 1, 1988; Ord. 88-001 § 1, 1988; Ord. 85-005 §6, 1985) 4.12.070. Temporary Reduction -Duration. Temporary reductions in fees for services and materials may be approved by the Board for a period not to exceed one year. Temporary adjustments may be made to any fee amended in whole or part by the Legislative Assembly of the state, or any state agency or federal agency, to the extent such fees are adjusted by the Legislative Assembly of the state, state agency or federal agency. (Ord. 86-046 § 1, 1986: Ord. 85-005 (part), 1985) 4.12.080. Current Fees. All fees for service now in effect are ratified, and shall remain in full force and effect unless amended by resolution of the Board. (Ord. 85-005 §7, 1985) 4.12.090. Actual Cost Service Fees. A. Any resolution adopting fees pursuant to DCC 4.12.040 and any fee adopted administratively pursuant to DCC 4.12.060 may be designated as an "Actual Cost Fee", which may be abbreviated "ACS". This designation shall follow the fee prescribed. B. Any fee designated "Actual Cost Service" or "ACS" shall constitute a deposit against which County staff and consultants shall charge their time spent on each application, petition or service request. C. Any amounts of an "Actual Cost Service" or "ACS" deposit which exceed the actual cost of service as detennined by the time charged by the County staff and consultants on the application, petition or service requested shall, within 60 days of the final decision or action of the County approving or denying of the application, petition or service request, be refunded to the person or firm making the fee deposit. D. For any "Actual Cost Service" or "ACS" fee, County staff and consultants shall keep a written record of their time spent on each application, petition or service request. Each department head is authorized and directed to require each applicant, petitioner or requester for any of the services designated "Actual Cost Service" or "ACS" to agree that, as a condition of receipt of the application, petition or service request, any documented costs which exceed the deposit shall be due and payable to the County upon demand upon final decision or action of the County on the application, petition or service request. (Ord. 91-022 §1, 1991) Deleted: 01 Deleted:07 Chapter4.12 2 (12L20?W ' // Chapter 4.32. SPLIT SERIAL LEVIES 4.32.010. Definitions. 4.32.015. Definition - Black Butte Ranch Service District. 4.32.020. Definition - Incorporated cities. 4.32.025. Definition - Rural. 4.32.030. Definition — Sunriver Service District. 4.32.035. Definition - Urban. 4.32.040. Geographic Tax Classification. 4.32.050. Required Findings. 4.32.010. Definitions. For the purposes of DCC 4.32, unless otherwise apparent fiom the context, certain words and phrases used in DCC 4.32 are defined as set forth in DCC 4,32.015 through DCC 4.32.035. (Ord. 98-024 § 1, 1998; Ord. 94-009 § 1, 1994) 4.32.015. Definition -Black Butte Ranch Service District. "Black Butte Ranch Service District" means the area encompassed by Black Butte Ranch Service District, a county service districtd'ormed under the laws of the State of Oregon. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: municipal corporation (Ord. 2020-005 § i, 2020; Ord. 98-024 § 1, 1998; Ord. 94-009 § 1, 1994) 4.32.020. Definition - Incorporated cities. "Incorporated cities" means the area encompassed by the cities of Bend, Redmond, Sisters, La Pine and any other city incorporated pursuant to ORS 221. (Ord. 2020-005 $1, 2020; Ord. 98-024 § 1, 1998; Ord. 94-009 § 1, 1994) 4.32.025. Definition - Rural. "Rural" means the area of Deschutes County that is within the geographical boundary of Deschutes County that is not urban. (Ord. 98-024 §1, 1998) 4.32.030. Definition - Sunriver. "Sunriver Service District" means the area encompassed by Sunriver Service District, a county service _ distric formed under the laws of the State of Oregon. _ _ _ _ _ ._ _ _ _. _ - - Deleted: municipal corporation (Ord. 2020-005 § 1, 2020 Ord. 2003-025 § 1, 2003; Ord. 98-024 § 1, 1998; Ord. 94-009 § 1, 1994) 4.32.035. Definition - Urban. "Urban" means the geographical areas of Black Butte Ranch Service District, incorporated cities, and Sunriver Service District as defined in DCC 4.32. (Ord. 2003-025, §1, 2003; Ord. 98-024 §1, 1998) -.... - - Deleted: 06 Deleted: 03 u Chapter 4.32 4.32.040. Geographic tax classification. The Board, may upon making the findings required by DCC 4.32.050, refer a measure to the electors which provides a different tax burden on one class of taxpayers than is imposed upon another class of taxpayers. Any class of taxpayers so determined by the Board shall be identified on a geographical basis. (Ord. 98-024 §1, 1998; Ord. 94-009 §1, 1994) 4.32.050. Required findings. Any difference in tax burden imposed within separate geographic boundaries within Deschutes County, Oregon shall meet the following criteria: A. Differences in services to be provided in different geographic areas must be real and substantial. B. Geographic boundaries shall be drawn so that services provided within designated areas are qualitatively different from services provided within other geographical areas. C. Services provided within the different geographical areas must be unique. D. Any differences in tax burdens shall be based upon the actual costs of providing services. (Ord. 98-024 §1, 1998; Ord. 94-009 §1, 1994) Chapter 4.32 Deleted: 06_ ,' Deleted:03 2 Chapter 5.08. ANTIQUE, SECONDHAND AND JUNK DEALERS 5.08.010. Definitions. 5.08.020. License Required -Fee. 5.08.030. Exemptions. 5.08.040. Application for License. 5.08.050. License Revocation Conditions. 5.08.060. Regulation of Premises. 5.08.070. Records Required. 5.08.080. Retention of Articles. 5.08.090. Purchases from Minors. 5.08.100. Nuisance Operations. 5.08.110. Violation. 5.08.010. Definitions. For the purposes of DCC 5.08, unless the context indicates otherwise, certain words and phrases used in DCC 5.08 are defined as set forth in DCC 5.08.010. "Antique, secondhand or junk dealer" means a person engaged in the purchase, sale, trade, barter, consignment or exchange of antique or secondhand goods, including, but not limited to, precious metals, jewelry, coins, firearms, appliances, hand and power tools, sporting goods, binoculars, cameras, watches, televisions, radios, recording devices, furniture, calculators, electronic devices, bicycles and similar items, for private gain, or who have in their possession any junk, including, but not limited to, old machinery, machinery parts, appliance parts, metal, glass, lumber, wood and discarded material acquired for the purpose of resale. "Daily ledger" means a prenumbered, permanently bound book that contains all of the original entry pages in the book that were originally bound into the book and in which all entries are kept in chronological order. "Dealer" means an antique, secondhand or junk dealer. "Purchase" means, in addition to its commonly accepted meaning, acquisition of personal property for the purpose of resale or consignment. (Ord. 98-009 §1, 1998; Ord. 95-030 §1, 1995; Ord. 85-006 §1, 1985) 5.08.020. License Required -Fee. A. No person shall engage in business as a dealer without obtaining a license from the County Clerk. A license shall be valid for a period of one year, commencing on July 1st and terminating on June 30th. The initial annual license fee (for each place of business maintained by a dealer within the unincorporated areas of the County) shall be as designated in the annual county fee schedule„ The , - Deleted: $so.00 for each place of business maintained by a dealer initial license fee shall not be prorated for a license purchased after January I st of the initial year. A within the unincorporated areas of the County. license, which has not been permanently revoked, may be renewed for an annual fee as designated in _ the annual county fee schedul - Deleted: of$2s.o0 B. Any dealer engaged in business as a dealer on the effective date of the ordinance codified in DCC 5.08 who makes application for a license prior to September 15, 1985, shall be exempt from the regulations adopted under DCC 5.08 for a period of 30 days after the date of such application. (Ord. 2020-005 § 1, 2020, Ord. 95-030 § 1, 1995; Ord. 85-030 § 1, 1985; Ord. 85-006 §2, 1985) Chapter 5.08 -Deleted: Oa � Deleted:03 (12202- _ / 5.08.030. Exemptions. The provisions of DCC 5.08 shall not apply to: A. Any bona fide secondhand automobile establishment used exclusively for the sale of used automobiles; B. An automobile wrecking yard; C. A bona fide recycling center; D. Any charitable, religious or nonprofit organization; E. Any person holding two or fewer yard, garage, moving or similar sales annually; provided, that such pet -son does not offer for sale goods acquired solely for the purpose of resale; and F. Any person offering antique, secondhand or junk goods for sale at a flea market or similar organized sales event two or fewer times annually; however, any exempt person or entity which engages in a regulated activity by contract with another shall comply with the provisions of DCC 5.08. (Ord. 95-030 §1, 1995; Ord. 85-006 §4, 1985) 5.08.040. Application for License. A. A license shall be issued only upon the signed, written application of the dealer and shall contain such information respecting the owner of the business as the County Clerk shall determine. Upon receipt of the application and the fee, the County Clerk shall make such investigation, with the assistance of the Sheriff, as the County Clerk shall deem adequate to determine the financial responsibility of the applicant. The County Clerk shall issue a license to the applicant within 30 days of the date of receipt of the application, unless the investigation shows that the applicant is unfit. In the event the County Clerk denies an application, appeal shall be in accordance with ORS 34.010 through ORS 34.100. Grounds for denial of an application for a license shall include, but not be limited to: 1. A false statement in the license application; 2. Conviction of a crime in the nature of theft, deception or moral turpitude; 3. Inability to demonstrate to the Clerk's satisfaction an ability to comply with the terms of DCC 5.08; or 4. Failure to have obtained all necessary zoning, planning, building and sanitation permits. B. No dealer engaged in business as a dealer on the effective date of the ordinance codified in DCC 5.08 who makes application for a license prior to September 15, 1985, shall have his application denied under DCC 5.08.040(A) on the grounds set forth in DCC 5.08.040(A). Nothing in DCC 5.08 shall prohibit the County from taking enforcement action against any dealer found to have failed to comply with this or any other applicable County ordinances. (Ord. 95-030 § 1, 1995; Ord. 85-030 §2, 1985; Ord. 85-006 §3, 1985) 5.08.050. License Revocation Conditions. Upon a finding that any person licensed under DCC 5.08 has violated any of the terms of DCC 5.08, made a false statement on his license application, or operated a licensed business in violation of any other ordinance or law, the license granted under DCC 5.08 shall be revoked for a period of 30 days. Upon a friding that any person licensed under DCC 5.08 has violated any of the terms of DCC 5.08, made a false statement on his license application, or operated a licensed business in violation of any other ordinance or law, and the license has been previously revoked, the license granted under DCC 5.08 shall be permanently revoked. (Ord. 95-030 § 1, 1995; Ord. 85-006 § 10, 1985) - Deleted: The 5.08.060. Regulation of Premises. Deleted: department A. The premises and structures of a dealer shall be kept in a sanitary manner. „' Deleted: offices B. 1Sheriffs Office personnel may go upon and inspect thepremises of a dealer at all reasonable times. IfJr' Deleted: aepa,iment any stolen property is found, the Sheriffs Office may remove the property and -return -it to its rightful - Deleted: oa owner. Deleted: 03 Chapter 5.08 2 O20 ' C. If there is any outside storage or display of any materials, the premises upon which the business of a dealer is carried on shall be enclosed by a proper fence or other structure not less than six feet high above the street level, constructed so that no dust or other material may pass through, and kept properly painted and in good repair. No material or article shall be piled so as to protrude above the fence. D. No street, sidewalk, public right of way or portion thereof may be used by a dealer to store, pile or maintain any antique, junk or secondhand material, except as necessary in the actual moving of such material. (Ord. 2020-005 § 1, 2020; Ord. 95-030 § 1, 1995; Ord. 85-006 §6, 1985) 5.08.070. Records Required. A. Every dealer conducting business at an establishment, and every itinerant dealer, shall keep a daily ledger, written in ink, in the English language, of all old machinery, machinery parts, appliance parts, metal, glass, lumber, wood and discarded material acquired for the purpose of resale, and precious metal, jewelry, coins, fn•eanns, appliances, tools, sporting goods, binoculars, cameras, watches, televisions, radios, recording devices, furniture, calculators, electronic devices, hand and power tools and bicycles purchased by the dealer or his agent, including an accurate and sufficiently detailed description thereof, name, address, race, sex and date of birth of the person from whom purchased, consigned or acquired, day and hour of purchase and price paid, including all serial numbers and required seller's identification. The copy of the completed daily ledger sheets shall be delivered to the Sheriff daily. Required identification will be one of the following: a. A valid driver's license; b. A valid state identification card; c. A valid military identification card; d. A valid passport, visa or alien registration card with photo. B. A daily ledger shall be so designed as to serve as both the required daily ledger and to generate the required copy. The daily ledger shall be in the form approved by the Sheriff. C. All records required by DCC 5.08.070 shall be maintained by the dealer for a period of two years from the date of the latest transaction recorded therein. D. All records required by DCC 5.08.070 shall be open for inspection by, Sheriffs Office_12ersonne at all \ - Deleted: any reasonable times. No original entry pages in a daily ledger shall be removed, detached or separated Deleted: department from the daily ledger. No entry in such records may be changed, erased, obliterated or defaced. Deleted: officer (Ord. 2020-005 § 1, 2020; Ord. 98-009 § 1, 1998; Ord. 95-030 § 1, 1995; Ord. 85-006 §5, 1985) 5.08.080. Retention of Articles. A. All items must be recorded on a daily ledger sheet as required by DCC 5.08.070(A), and the items shall be retained by the dealer for a period of 10 days from the date that the daily ledger sheet copy for the item purchased by the dealer is received by the County Sheriffs Office If daily ledger sheet copies are__ , - Deleted: department mailed in the County, the 10-day period will be calculated from the date the envelope containing the daily ledger sheet copies is postmarked. is by, Sheriffs Office to retain any article b}_such Deleted: a B. Whenever any dealer notified personnel purchased - - dealer to enable the Sheriffs Office, to ascertain whether the article is stolen, the dealer, upon receipt off Deleted: department the notice, shall retain in his place of business such articles for 15 days after receipt of the notice. I Deleted: officer (Ord. 2020-005 S 1 2020. Ord. 95-030 § 1, 1995; Ord. 85-006 §8, 1985) — — -� Deleted: department 5.08.090. Purchases from Minors. No dealer may purchase, consign or acquire from a person under 18 years of age any antique, junk or Deleted: 04 secondhand merchandise, or other article, except rags and paper. -- Deleted: 03 i Chapter 5.08 3 (Ord. 98-009 § 1, 1998; Ord. 95-030 § 1, 1995; Ord. 85-006 §7, 1985) 5.08.100. Nuisance Operations. The operation, maintenance, use or location of an antique, secondhand or junk business by a dealer in violation of DCC 5.08 is declared to be a nuisance. (Ord. 95-030 §1, 1995; Ord. 85-006 §11, 1985) 5.08.110. Violation. Violation of DCC 5.08 constitutes a Class A violation. (Ord. 2003-021 § 10, 2003; Ord. 95-030 §1, 1995; Ord. 85-006 §9, 1985) Deleted: 04 i ' Deleted:03 —� Chapter 5.08 4 Chapter 6.04. DOG LICENSES 6.04.010. Definitions. 6.04.020. Dog Licenses Required. 6.04.030. Dog Licenses. 6.04.040. Expiration. 6.04.050. Fees. 6.04.060. Exemptions from License Fees. 6.04.070. Dogs Kept Primarily in Kennels. 6.04.080. Kennel Licenses. 6.04.090. Violation. 6.04.010. Definitions. As used in DCC Title 6, the words and phrases are defined as set forth in DCC 6.04.010. "Dog" means any mammal of the canine family. "Dog kept primarily in a kennel" means a dog, such as a show dog or dog kept for breeding, that is housed primarily in a kennel and not in the residence of its owner or keeper and that is not allowed to run at large. "Kennel" means a premises for the housing of dogs. "Kennel, commercial" means any premises where four or more dogs, at least four months of age, are kept commercially for board, breeding, training or sale. (Ord. 95-031 §1, 1995; Ord. 92-013 §4, 1992; Ord. 90-036 §1, 1990; Ord. 90-019 §1, 1990) 6.04.020. Dog Licenses Required. Every person owning or keeping any dog that has a set of permanent canine teeth or that is six months old, whichever comes first, shall within 30 days after he becomes the owner or keeper of the dog, and yearly thereafter, procure from the County a license for the dog either under DCC 6,04.030 or DCC 6.04.070. (Ord. 95-031 §1, 1995; Ord. 90-036 §2, 1990; Ord. 90-019 §1, 1990) 6.04.030. Dog Licenses. A. Persons with dogs not qualifying under DCC 6.04.070 shall license their dogs with individual dog licenses as set forth herein. B. Every dog licensed under DCC 6.04.030 shall display its license tag in all instances when it is deemed to be at large under DCC 6.08.010. (Ord. 95-031 § 1, 1995; Ord. 90-036 §3, 1990) 6.04.040. Expiration. A. Dog licenses shall be valid for a period of one year from the date of purchase or to the rabies expiration date, whichever comes fast. B. A dog license is not transferable to another dog. The dog license is assigned to the dog and shall remain with the dog upon transfer to another owner for the life of the license. Upon transfer, the dog's new owner shall notify the County of the transfer within 30 days of the transfer. C, A dog displaying a current license from jurisdictions outside Deschutes County, but within the State of Oregon, shall not require licensing under DCC 6.04 until expiration of the current license, provided that the dog remains in the possession of the owner to whom the license was duly issued. Deleted: 06 (Ord. 90-019 §1, 1990) Deleted: 03 Chapter 6.04 6.04.050. Fees. The Board of County Commissioners shall annually detennine and set al doh license fee amounts, , , - Deleted: A - --------- ------------- - --- - -------- including kennel licenses as allowed by DCC 6.04 070 and/or DCC 6.04.080. Deleted: the Ord. 2020-005 1, 2020; Ord. 2003-024 ' 1, 2003, Ord. 98-007 1, 1998; 93-048 1, 1993; Ord. 90-019 ' 1, ------------------------------- §---------§----------- ----- Deleted:<#,The license fee for dogs that qualify for the 1990) kennel fee shall be $5.00 per dog for up to 10 dogs and $1.00 $1.00 per dog for each additional dog over 10 dogs.¶ 6.04.060. Exemptions from License Fees. No dog license fee shall be required to be paid for any dog owned by a blind or deaf person who uses the dog as a guide. A license shall be issued for such a dog upon fling with the County a signed statement by the blind or deaf person stating facts showing that the person is entitled to this exemption. Such licenses shall be renewed every year. (Ord. 90-019 §1, 1990) 6.04.070. Dogs Kept Primarily in Kennels. A. Owners of dogs kept primarily in a kennel and not allowed to run at large are entitled, upon making the showing required in DCC 6.04.070, to be licensed at the kennel fee rate. A person requesting licensing at the kennel rate shall establish by affidavit or signed statement (1) if the kennel is a commercial kennel, that the kennel complies with applicable land use laws and ordinances; (2) that the person houses his or her dogs primarily in a kennel, as defined herein; (3) that the person has four dogs or more; (4) that the person has not been convicted of animal abuse under County or state law for failure to maintain minimum care standards; and (5) that the person has not been convicted under County or state law for allowing his or her dogs to be at large during any period for which he or she has had a kennel license. B. Any owner or keeper convicted of animal abuse under state or County law by virtue of the conditions under which dogs are kept in the owner or keeper's kennel shall not be entitled to be licensed at the kennel rate. C. Any owner or keeper convicted of a dog at large violation while having dogs licensed at the kennel rate shall thereafter not be entitled to license his or her dogs at the kennel rate. The kennel license of the owner or keeper so convicted shall remain valid for the remainder of its term. D. The dog owner applying for a kennel license shall grant authority to visit the premises to such County representatives as are necessary to verify that the qualifications set forth in the application are met. (Ord. 92-013 §1, 1992; Ord. 90-036 §4, 1990; Ord. 90-019 §1, 1990) 6.04.080. Kennel licenses. A. Kennel licenses shall be valid for a one-year period from the date of purchase. B. Dogs kept primarily in kennels and entitled to be licensed under a kennel license shall be covered by one kennel license issued by the office of the Deschutes County Treasurer, which license shall be posted in a conspicuous place on the kennel. (Ord. 95-031 1, 1995; Ord. 92-013 §2, 1992; Ord. 90-036 §5, 1990) 6.04.090. Violation. Violation of any provision of DCC 6.04 is a Class B violation. (Ord.2003-021 § 12,2003; Ord. 90-019 §1, 1990) Deleted_ 06 Deleted: 03 Chapter 6.04 Chapter 6.08. ANIMAL CONTROL 6.08.010. Definitions. 6.08.015. Definition -At Large. 6.08.020. Definition -Dangerous Dog. 6.08.025. Definition -Keeper. 6.08.030. Definition -Livestock. 6.08.035. Definition -Livestock District. 6.08.040. Definition -Open Range. 6.08.045. Definition -Unconfined. 6.08.050. Conditions When Animals Are Nuisances. 6.08.060. Animals At Large. 6.08.070. Dangerous Dog. 6.08.080. Impermissible Harboring. 6.08.090. Violations. 6.08.100. When Impoundment of Dogs Authorized. 6.08.010. Definitions. As used in DCC 6.08, the words and phrases are defined as set forth in DCC 6.08.015 through DCC 6.08.045. (Ord.95-031 §1, 1995) 6.08.015. Definition -At Large. A. "At large" means a dog or other animal found off the premises of the owner or keeper while the dog or animal is not under the complete control of a capable person. B. A dog shall not be considered to be at large under the following circumstances: (a) a dog in a duly recognized obedience school on field training exercises and under the direct supervision of a handler; (b) a dog within a vehicle; (c) a dog being used to hunt, chase, or tree wildlife while under the supervision of its owner or keeper; (d) use of a dog to control or protect livestock; and (e) use of a dog in other related agricultural activities. C. Livestock on the open range shall not be considered to beat large. (Ord. 90-019 §1, 1990) 6.08.020. Definition -Dangerous Dog. "Dangerous dog" means any dog: A. Whose owner has been convicted or has admitted responsibility, or has in effect admitted responsibility on a charge that the dog without provocation impermissibly placed a person in reasonable fear of innminent physical injury; B. Whose owner has been convicted or has admitted responsibility, or has in effect admitted responsibility I on a charge that the dog attacked a person or domestic animal without provocation;, _ - l Deleted: o, C_That is trained for or used in animal fighting _ _ ._ _ _ _ _ _ _ _ _ _ _ _ _. _ _ - -Meted:. _ D. As provided in ORS 609.098. (Ord 2020-005 § 1, 2020; Ord. 90-019 § 1, 1990) CDeleted: 02 i � Deleted:l6 Chapter 6.08 6.08.025. Definition -Keeper. "Keeper" means, in addition to its ordinary meaning, the parents or guardian of an animal owner when the owner is under the age of 18 years and when the owner resides with the parent or guardian on the date of the alleged violation of a provision of DCC 6.08. (Ord. 90-019 §1, 1990) 6.08.030. Definition -Livestock. "Livestock" means any animal that is defined to be livestock by ORS 609.125, or the petition or order establishing the livestock district in which the subject livestock was found. (Ord. 2020-005 1, 2020; Ord. 90-019 § 1, 1990) 6.08.035. Definition -Livestock District. "Livestock district" means any geographic area wherein as established pursuant to state law it is unlawful for livestock to be at large. This definition shall apply only to those livestock districts or portions of livestock districts lying within the jurisdiction of Deschutes County. (Ord. 90-019 §1, 1990) 6.08.040. Definition -Open Range. "Open range" means any area outside the boundaries of a city that is not within the boundaries of a livestock district, as defined in DCC 6.08. (Ord. 90-019 §1, 1990) 6.08.045. Definition -Unconfined. "Unconfined" means not securely confined indoors or confined in a securely locked pen or structure upon the premises of the owner or keeper of a dangerous dog. Such pen or structure must be constructed in a manner adequate to ensure the confinement of the dangerous dog. (Ord. 90-019 § 1, 1990) 6.08.050. Conditions When Animals Are Nuisances. A. An animal other than livestock is a public nuisance if it: 1. Bites, injures or attacks a person; 2. Chases vehicles or persons; 3. Damages or destroys property of persons other than the owner of the animal; 4. Scatters garbage; 5. Trespasses on private property of persons other than the owner of the animal; 6. Disturbs any person by frequent or prolonged noises; 7. Places a person in reasonable fear of imminent physical injury, when such incident takes place off the premises of the animal's owner or keeper; 8. Injures or kills an animal or fowl belonging to a person other than the owner or keeper of the animal; 9. Is found to be in violation of DCC 6.08.060. B. An animal shall not be considered to be a nuisance under DCC 6.08.050 if the subject animal bites a person or another animal wrongfully assaulting the subject animal or if the subject animal bites a person or other animal trespassing upon premises occupied by the dog's owner or keeper after being provoked by that person. (Ord. 2015-012 § 1, 2015; Ord. 98-008 § 1, 1998; Ord. 95-031 § 1, 1995; Ord. 90-019 §1, 1990) Deleted: 02 Deleted: 16 Chapter 6.08 2 6.08.060. Animals at Large. A. Any dog found at large is a public nuisance. B. Any livestock in a livestock control district found at large is a public nuisance. C. An owner or keeper of a dog or livestock shall be liable for a violation of DCC 6.08.060 only if such public nuisance resulted from the owner or keeper's negligent conduct. (Ord. 98-008 §1, 1998; Ord. 97-011 §2, 1997; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990) 6.08.070. Dangerous Dog. A. No owner or keeper of a dangerous dog shall suffer or permit such dog to go unconfined on the premises of the owner or keeper. B. No owner or keeper of a dangerous dog shall suffer or permit such animal to go beyond the premises of such person unless such animal is humanely muzzled and securely leashed or otherwise securely restrained. (Ord. 98-008 §1, 1998; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990) 6.08.080. Impermissible Harboring. No person shall own, harbor, or keep any dog with knowledge that, while off the premises owned or controlled by its owner or keeper and while not acting under the direction of its owner or keeper or employees or agents of such persons, the dog has killed or injured any person. (Ord. 98-008 §1, 1998; Ord. 90-019 §1, 1990) 6.08.090. Violations. A. Except as provided herein, violation of any provision of DCC 6.08 is a Class B violation. B. Violation of DCC 6.08.050(A)(1), (7) or (8), DCC 6.08.060, DCC 6.08.070 or DCC 6.08.080 is a Class A violation. (Ord. 2003-021 § 13, 2003; Ord. 98-008 § 1, 1998; Ord. 97-011 §2, 1997; Ord. 95-031 § 1, 1995; Ord. 90-019 §1, 1990) 6.08.100. When Impoundment of Dogs Authorized. When a dog is a public nuisance under DCC 6.08, any peace officer or animal control officer may, in addition to citing the owner for a violation under DCC 6.08.090, impound the dog. (Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990) Deleted: 02- Meted: 16 Chapter 6.08 3 Chapter 6.12. LIVESTOCK KILLS 6.12.010. Definitions. 6.12.012. Definition -Animal Control Officer. 6.12.015. Definition -Board. 6.12.018. Definition -Chasing. 6.12.019. Definition -Injury, Injures or Injuring. 6.12.020. Definition -Livestock. 6.12.025. Definition -Domesticated Fowl. 6.12.030. Killing, Wounding or Injuring Livestock -Nuisance. 6.12.040. Harboring of Livestock Killing Dogs Prohibited. 6.12.050. Killing, Wounding or Injuring Livestock -Evidence. 6.12.060. Hearing. 6.12.065 Payment of Costs and Penalties; Liens. 6.12.070. Killing, Wounding or Injuring Of Livestock -Disputable Presumption. 6.12.080. Owner of Livestock -Damage Claims. 6.12.090. Damage Claims Hearing. 6.12.100. Damage Claims -Collection. 6.12.110. Civil Right of Action. 6.12.120 Microchip Identification of Dog. 6.12.130 Release of Dog Found To Have Killed Domesticated Fowl. 6.12.010. Definitions. As used in DCC 6.12, the words and phrases are defined as set forth in DCC 6.12.012 through DCC 6.12.025. (Ord. 2012-015 § 1, 2012; Ord. 95-031 § 1, 1995) 6.12.012. Definition -Animal Control Officer. "Animal control officer" means the Deschutes County Animal Control Officer or any Deschutes County Sheriffs Deputy performing the functions of the Deschutes County Animal Control Officer. (Ord. 97-011 §1, 1997) 6.12.015. Definition -Board. "Board" means the board of supervisors, as defined under DCC 2.50. (Ord. 95-014 §1, 1995; Ord. 90-019 §1, 1990) 6.12.018. Definition -Chasing. "Chasing" means causing livestock to move from a place or remain in a place involuntarily. (Ord. 97-011 §1, 1997) 6.12.019. Definition -Injury, Injures or Injuring. "Injury, injures or injuring" means abrasion or laceration of skin or hide, fracture of bones, impairment of normal gait, and aborting of fetus. (Ord. 97-011 §1, 1997) 6.12.020. Definition -Livestock. "Livestock" means ratitites, psittacines, horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats, swine, domesticated fowl, and any fur -beating animal bred and maintained commercially or otherwise within a pen, cage or hutch. Deleted: o6 (Ord. 2020-005 § 1, 2020; Ord. 2012-015 § 1, 2012; Ord. 90-019 § 1, 1990) Deleted: Chapter 6.12 1 Q2024 _ _ _ _ 6.12.025. Definition -Domesticated Fowl. "Domesticated Fowl" means chickens, geese, ducks, peafowl, guinea fowl and turkeys. (Ord. 2012-015 § 1, 2012) 6.12.030. Killing, Wounding or Injuring Livestock -Nuisance. A. Except as provided in DCC 6.12.030(C), any dog, whether licensed or not, that, while off the premises of its owner or keeper, kills, wounds, or injures any livestock not belonging to the owner or keeper of such dog, is a public nuisance and may be killed immediately by any person. However, nothing in DCC 6.12.030 applies to any dog acting under the direction of its owner or keeper, or the agents or employees of such owner or keeper. B. If any dog, not under the control of its owner or keeper, is found feeding upon the warn carcass of livestock not the property of such owner or keeper it shall be deemed prima facie, as engaged in killing, wounding or injuring livestock for purposes of this section 6.12.030. C. No person shall kill any dog for killing, wounding or chasing chickens upon a public place, highway or within the corporate limits of any city. D. Violation of_ DCC 6.12.030 shall be a class B violation. (Ord. 2020-005 ; Ord. 2012-015 §1, 2012; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990) 6.12.040. Harboring of Livestock Killing Dogs Prohibited. A. No person shall own, harbor, or keep any dog with knowledge that it has killed or wounded any livestock except as permitted by the Board, a court of competent jurisdiction, or pursuant to adoption or relocation of the dog as approved by the County or its designee. B. Notwithstanding the foregoing, no person shall be liable for harboring or keeping such dog with knowledge that it has killed or wounded domesticated fowl, unless the owner fails to pay full damages for the domesticated fowl killed or wounded within three days after receipt of a demand for such damages from the owner. C. Violation of DCC 6.12.040 shall be a class B violation. Deleted: n (Ord. 2020-005 '1 2020. Ord. 2012-015 §1, 2012; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990) 6.12.050. Killing, Wounding, Injuring or Chasing Livestock -Evidence. A. Upon observing a dog engaged in killing, wounding, injuring or chasing livestock or upon receipt from a complainant of a written complaint supported by evidence that a dog has been so engaged, the dog control officer or other law enforcement officer shall impound the dog. i. The written complaint referenced in subsection (A), above, shall be made on a form prepared by the Deschutes County Sheriffs Office. 2. Such form shall clearly state that: a. The complaint is made upon declaration of the complainant of the truth of the statements contained therein, and b. If the dog is ultimately determined to have not engaged in chasing, killing, injuring or wounding livestock, the complainant may be liable for the impoundment fee and/or the costs of keeping and testing the dog pursuant to DCC 6.12.060(B). B. If there is reason to believe that reasonable testing of a dog impounded pursuant to BCC 6.12.050(A), including, but not limited to, a fecal examination or examination of the teeth of the dog, will provide substantial further evidence as to whether the dog has been engaged in killing, wounding, injuring or chasing livestock, the County may order administration of tests by_a licensed veterinarian. C. The decision whether to order any such testing shall be wholly within the discretion of the County, and the County's failure to order such testing shall not be considered as evidence by the Board. (Ord. 2012-015 § 1, 2012; Ord. 95-031 § 1, 1995; Ord. 90-019 § 1, 1990) Deleted: M Deleted: 14 Chapter 6.12 2 Q20-;A _ _ _ 6.12.060. Hearing. A. If a dog is impounded pursuant to DCC 6.12.050, the owner or keeper of the dog shall be entitled to a hearing as follows: 1. At the time the dog is impounded, or as soon as practicable thereafter, the County shall provide the dog's owner or keeper notice of the right to request a hearing before the Board. 2. Notice of the tight to request a hearing shall be provided in a manner reasonably calculated, under all the circumstances, to apprise the owner or keeper of the specific behavior and incident alleged and the possible penalties, and to provide the owner or keeper with a fair opportunity for making the hearing request. 3. A dog's owner or keeper shall cause a hearing request to be delivered to the County not later than the 14°i day after notice is provided under subsection (A)(1), above. 4. If the owner or keeper does not make a timely request for hearing, the owner or keeper may be conclusively presumed to have admitted the matter alleged and the County may immediately take action under subsection (C), below. 5. If the dog's owner of keeper timely request hearing, the Board shall schedule a hearing for the first reasonably available date. a. The owner or keeper of a dog shall be provided with, notice of the hearing not les_s_th_an three_ - - Deleted: days prior to the hearing. b. If the owner or keeper of the dog cannot be found, notice shall be given by mailing a certified or registered letter to the owner's or keeper's last known address at least five days before the date of the hearing, or, if no last known address is known to the County, by publication at least five days before the date of the hearing. c. If the County has ordered that the dog be tested under DCC 6.12.050(B), the hearing shall be convened after completion of those tests. 6. The owner shall be afforded the opportunity to present evidence to the Board during such hearing. Other individuals may present evidence at the hearing. The owner or keeper of the dog shall have a final opportunity to rebut any evidence submitted by others and shall be entitled to cross examine witnesses. 7. The hearing conducted by the Board pursuant to DCC 6.12.060 shall be informal and open to the public. 8. All relevant evidence shall be considered by the Board. 9. The Board may establish reasonable parameters for the conduct of the hearing to ensure an orderly and complete presentation of the evidence. The Board, on reasonable grounds, shall continue the hearing to allow the owner or keeper of a dog sufficient opportunity to prepare a defense. 10. The person presiding at the hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary to determine the matter alleged. 11. A determination made by the Board shall be supported by reliable, probative and substantial evidence. B. If, after hearing, the Board determines that the dog has not engaged in killing, wounding, injuring or chasing livestock, the dog shall be released to its owner. In such cases, if the dog was impounded upon receipt of a complaint from a complainant, the complainant may be required to pay the impoundment fee and/or the costs of keeping and testing of the dog during its impoundment. C. If, after hearing, the Board determines that a dog has engaged in killing, wounding, injuring or chasing livestock, the Board shall take action in accordance with the following guidelines: 1. If the dog has engaged in chasing livestock and has not previously killed, wounded, injured or chased livestock: a. The Board shall take reasonable measures to prevent a recutrence. Reasonable measures include, but are not limited to, requiring that the dog owner take specific measures to Deleted: o� Deleted:l4 Chapter 6.12 3 j24?020_ adequately confine the dog and provide a notarized written pledge that the owner will prevent the dog from chasing livestock again; and b. The Board may impose a civil penalty of not more than $500. 2. If the dog has engaged in chasing livestock and has previously killed, wounded, injured or chased livestock, or if the dog has engaged in wounding or injuring livestock and has not previously killed, wounded, injured or chased livestock, the Board shall impose a civil penalty of not less than $250 and not more than $1,000. 3. In addition to imposing the civil penalty, the board may: a. Require the dog owner to surrender the dog for adoption by a new owner approved by the Board; or b. Require the owner to remove the dog to a location where, in the opinion of the Board, the dog does not present a threat to livestock; or require that the dog be put to death in a humane manner. 4. Before requiring that a dog be put to death under this subparagraph, the Board shall make specific findings on the record that other measures are not available, are not adequate to remedy the problem or are otherwise unsuitable. 5. If the dog has engaged in wounding or injuring livestock and has previously killed, wounded, injured or chased livestock, or if the dog has engaged in killing livestock and has not previously killed livestock, the Board shall impose a civil penalty of not less than $500 and not more than $1,000. 6. In addition to imposing the civil penalty, the Board shall: a. Require the dog owner to remove the dog to a location where, in the opinion of the Board, the dog does not present a threat to livestock; or b. Require that the dog be put to death in a humane manner. 7. If the dog has engaged in killing livestock and the dog has previously killed livestock, the Board shall impose a civil penalty of not less than $500 and not more than $1,000. 8. In addition to imposing the civil penalty, the Board shall require that the dog be put to death in a humane manner. 9. In establishing the history of a dog for purposes of this section, or the history of an owner for purposes of ORS 609.163, the Board shall consider all known determinations involving the dog or owner by any court, or by a governing body, official or agency of any local or state government, without regard to where or when the incident occurred. D. Notwithstanding any civil penalty imposed upon a dog's keeper or owner under this section, the owner or keeper of a dog that is determined to have chased, injured, wounded or killed livestock shall be responsible for paying the impoundment fee, the cost of implanting a microchip pursuant to 6.12.120, and all costs of keeping and testing the dog during the impounding. E. In lieu of payment of a penalty under DCC 6.12.060(C), the Board may consider a petition of indigence and all other relevant circumstances and allow credit for community service at a rate of $10 per hour for each hour of community service performed. However, credit for community service shall not be allowed with regard to payment of the impoundment fee, the costs of microchip implantation, or the costs of keeping and testing the dog. F. Notwithstanding DCC 6.16.010, a dog impounded pursuant to DCC 6.16.060(A) or DCC 6.16.060(C) shall not be released until a determination is made by the Board pursuant to DCC 6.12.060. G. The County shall notify the dog's owner or keeper and the livestock owner of its determination and of any civil penalties or other measures imposed, by delivering or mailing a copy of the Board's written decision to the dog's owner or keeper and the livestock owner. (Ord. 2012-015 §1, 2012; Ord. 2002-036, §1; Ord. 97-011 §1, 1997; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990) Chapter 6.12 Deleted, Deleted_14 1�12024 _..._ _. 6.12.065. Payment of Costs and Penalties; Liens A. When the Board assesses any civil penalty, costs and/or fees against a complainant or a dog's owner or keeper under DCC 16.12.060, if the full amount of the financial obligation is not paid within 21 days after delivery or mailing of the Board's determination the County may record the obligation with the county clerk of any county of this state. 1. The County Clerk shall thereupon record in the County Clerk Lien Record the name of the person incurring the obligation. 2. The County Clerk shall not record an obligation while a request for Board of County Commissioner reconsideration or a petition for judicial review is pending. 3. Irmnediately upon receipt, Deschutes County Legal Counsel shall provide the County Clerk with a copy of any reconsideration or petition for judicial review. B. In addition to any other remedy provided by law, recording an obligation in the County Clerk Lien Record pursuant to this section has the effect provided for in ORS 205.125 and 205.126, and can be enforced as provided in ORS 205.125 and ORS 205.126. C. When a civil penalty is assessed against a dog's owner under this section, the county shall supply the State Department of Agriculture ("Department") with information identifying the dog owner on forms provided by the Department for this purpose. (Ord. 2012-015 §1, 2012) 6.12.070. Killing, Wounding or Injuring of Livestock -Disputable Presumption. A disputable presumption shall arise that a dog has been engaged in killing, wounding, injuring or chasing livestock within the meaning of DCC 6.12.050 if: A. The dog is found chasing livestock not the property of the owner or keeper of the dog in an area where freshly damaged livestock are found; B. The dog is found feeding upon a warn carcass of a livestock animal; C. An examination of the dog's feces indicates ingestion of portions or covering of the anatomy of livestock; or D. Portions of the anatomy or covering of the anatomy of livestock is found on the teeth of the dog, unless the dog is regularly used for the purpose of herding sheep. (Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990) 6.12.080. Owner of Livestock -Damage Claims. A. The owner of any livestock killed, wounded, chased or injured by any dog may, within ten (10) days after the killing, wounding, chasing or injuring occurred, or became known to him, present to the Board a verified statement containing a full account of the incident, stating in detail the amount of damage claimed on account thereof, and the name and address of the owner or keeper of the dog, if known. B. The livestock owner's claim shall be supported by the affidavit of at least one disinterested person to all material facts contained in it. The affidavit shall be submitted to the Board at the same time as the verified statement. (Ord. 2012-015 §1, 2012; Ord. 95-031 § 1, 1995; Ord. 90-019 § 1, 1990) 6.12.090. Damage Claims Hearing. A. All claims presented as provided by DCC 6.12.080 shall be heard promptly. B If the Board determines that any livestock has been damaged by being injured, chased, wounded or killed, the Board may award the livestock owner compensation for such damage in an amount not to exceed a total of $100.00. _ C. The Board shall state on the record the basis for its award, and shall order a warrant drawn for the CDeleted: 06 amount of damages awarded, to be paid by the County Treasurer out of the dog fund. Deleted: 14 Chapter 6.12 5 ]?(20_24 ✓ 1 / D. If the Board determines the claim unjust, it shall disallow it and enter that fact upon its record. E. No claim for damages shall be allowed where it appears that the injury or damage complained of was caused by a dog owned or controlled by the claimant or his agent. (Ord. 2012-015 §1, 2012; Ord. 95-031 §1, 1995; Ord. 95-014 §2, 1995; Ord. 90-019 §1, 1990) 6.12.100. Damage Claims -Collection. A. In each case where a claim against the dog fund has been paid by the County, the County shall be subrogated to all the rights of the owner of the livestock killed, wounded, chased or injured against the owner of the dog for damages, and may proceed in a lawful way to collect any amount paid. B. Any money so collected shall be paid over immediately to the County Treasurer and credited to the dog fund. (Ord. 2012-015 §1, 2012; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990) 6.12.110. Civil Right of Action. Nothing in DCC 6.12 shall be construed to prohibit a livestock owner from pursuing civil redress for the injury or death of livestock through any other available means, including, but not limited to, a civil court action for damages. (Ord. 97-011 § 1, 1997) 6.12.120 Microchip Identification of Dog A. When a dog is determined to have chased, injured, wounded or killed any livestock under DCC 6.12.060, the County shall require that a microchip be implanted into any such dog that is not put to death. Implantation shall be done prior to release, relocation or adoption of the dog. B. The dog's owner or keeper shall be responsible for paying the reasonable costs of such implementation. C. The County shall forward the microchip information to the State Department of Agriculture. (Ord. 2012-015 §1, 2012) 6.12.130 Release of Dog Found to Have Harmed Domesticated Fowl A. Notwithstanding DCC 6.12.060(C), a dog found to have killed domesticated fowl may be released back to its owner or keeper if the Board finds by a preponderance of the evidence that: 1. The livestock owner did not make reasonable efforts, under all of the circumstances, to protect the fowl from predation; 2. The dog's owner or keeper made reasonable efforts, under all of the circumstances, to maintain the dog on the owner's or keeper's property; 3. The dog has not previously engaged in chasing, injuring, wounding or killing any livestock; and 4. The dog's owner or keeper will take necessary measures to prevent a reoccurrence. B. This section shall not exempt the dog's owner or keeper from paying a civil penalty, taking necessary measures to prevent a reoccurrence, or satisfying any other obligations reasonably imposed upon the owner or keeper under DCC Chapter 6.12, which obligations may be imposed as a condition to release of the dog. C. In addition to any other penalties, fees or obligations imposed upon a dog owner under this subsection, the Board may order that the dog owner pay reasonable compensation to the livestock owner for the domesticated fowl killed, and may make payment of such compensation a condition to release of the dog. (Ord. 2014-019 § 1, 2014; Ord. 2012-015 § 1, 2012) Chapter 6.12 Deleted: 06 � Deleted: I4 �20A - - _ Chapter 8.08. NOISE CONTROL 8.08.010. Title. 8.08.020. Authority. 8.08.030. Purpose. 8.08.040. Definitions. 8.08.050. Exception for Certain Farming and Forestry Practices. 8.08.060. Construction. 8.08.070. Acts Prohibited. 8.08.080. Permits -Issuance. 8.08.090. Variances. 8.08.100. Amendments. 8.08.110. Publication and Effect of Rules. 8.08.120. Violation -Enforcement. 8.08.130. Abatement and Removal. 8.08.010. Title. DCC 8.08 shall be known as the County Noise Control Ordinance. (Ord. 203.11 §2, 1980) 8.08.020. Authority. DCC 8.08 is adopted pursuant to the provisions of ORS 467.100, 203.010 and 203.035- _ _ - _ - - _ _ _ _ _ , _ - Deleted: and 203.1 77 (Ord. 2020-005 §1, 2020; Ord. 203.11 §1, 1980) 8.08.030. Purpose. The purpose of DCC 8.08 is to promote the public peace, health, safety and general welfare, which the Board finds to be adversely affected by unreasonably loud or raucous noises. (Ord. 203.11 §3, 1980) 8.08.040. Definitions. For the purposes of DCC 8.08, unless otherwise apparent fiom the context, certain words and phrases used in DCC 8.08 are defined as set forth in DCC 8.08.040. "Direct transportation" means travel between different locations separated by a distance not substantially different than the length of a trip with a destination where the rider leaves the vehicle before resuming travel. 'Direct transportation" includes parking places in streets and parking lots, but excludes speed contests, motocross contests, rallies and practice therefore, repair and testing of motors, accelerating the motors of stopped motor vehicles, and vehicular traffic wherein the same vehicle may be heard for more than five minutes from the same location. "Motor vehicle" means every self-propelled vehicle and vehicle designed for self -propulsion, except road rollers, farm tractors, traction engines; provided however, that police vehicles, ambulances, fire engines and other emergency vehicles responding to emergency calls are not subject to DCC 8.08. "Off -road motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a trailer. This includes motorcycles suitable for use off any road or on dirt trails, regardless of whether it may also be used Deleted: O6 on public streets or highways under state law. "Off -road motorcycle" includes motorcycles sold or - - ' d• Delete . I6 Chapter 8.08 I G2J202_W_, commonly described as dirt bikes, motocross bikes, trail bikes, enduro bikes and trail bikes which in operation make crackling or explosive noises that would disturb the sleep, comfort or repose of persons 30 or more feet away. "Unreasonably loud or raucous noise"' means: A. Motor vehicle noise which is louder or heard for a longer period than that produced by use in direct transportation by motor vehicles with mufflers supplied by the manufacturer with the vehicle, which disturbs, injures or endangers the comfort, repose, health, peace or safety of persons 30 or more feet away, if such noise is not emitted in order to make the motor vehicle move up to the maximum speed limit on public streets, roads, and/or highways for the purpose of direct transportation; or B. Noise, which violates the standards of the Environmental Quality Commission, adopted pursuant to ORS 467.030 which are not exempt under ORS 467.035 or permitted by a variance issued under ORS 467.060; C. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle except as a reasonable signal required by the exigencies of vehicular or pedestrian traffic; the creation by means of any such signaling device of any sound which disturbs the sleep, peace, quiet, comfort or repose of other persons; the sounding of any such device for an unnecessary or unreasonable period of time; D. The playing, using or operating of any radio, musical instrument, phonograph, television set, tape recorder or other machine or device for the producing or reproducing of sound in such a manner as to disturb the sleep, peace, quiet, comfort or repose of other persons, or at any time with louder volume than is necessary for convenient heating by the person or persons who are in the room, vehicle or chamber in which the machine or device is operated and others who are voluntary listeners thereto. The operation of any such machine or device in such a manner so as to be plainly audible to a peace officer at a distance of 50 feet from the building, room, structure or vehicle in which it is located shall be prima facie proof of a violation of DCC 8.08.040; E. Using, operating or permitting to be used or operated any mechanical or electrical loudspeaker or sound amplifier, either stationary or mobile, for producing or reproducing sound which is cast upon the public streets or other public property. DCC 8.08.040 does not prohibit the reasonable use of mechanical loudspeakers or sound amplifiers in the course of noncormmercial public addresses or emergency announcements required by public safety; provided however, that repetitive mechanically or electrically amplified political advertising shall not be allowed in zoned residential neighborhoods between 10:00 p.m. and 7:00 a.m. if it disturbs the sleep, peace, quiet, comfort or repose of persons more than 30 feet away; F. Yelling, shouting, hooting, whistling or singing on the public streets, between the hours of 10:00 p.m. and 7:00 a.m. or at any time or place so as to disturb the sleep, peace, comfort or repose of persons more than 30 feet away. DCC 8.08.040 shall not apply to applause and cheering at public meetings, lectures, sports events and shows held at schools, stadiums, auditoriums, churches, meeting halls, public parks and public playgrounds; G. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, as a warning of fire or danger, or upon request of proper authorities; H. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises there from; 1. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded, or in such a manner as to disturb the sleep, peace, quiet, comfort or repose of persons more than 30 feet away; J. The loading or unloading of any vehicle or the opening, closing or destruction of bales, boxes, crates and containers, so as to disturb the sleep, peace, quiet, comfort or repose of persons more than 30 feet away; Chapter 8.08 �Deleted:06 — Deleted: 16 G220W._,' K. The construction including excavation, demolition, alteration or repair of any building, street, sidewalk, driveway, sewer or utility line between the hours of 10:00 p.m. and 7:00 a.m., except as provided in DCC 8.08.080; L. The creation of any sound on any street adjacent to any school, institution of learning, church or court, while the same is in use, or adjacent to any hospital, nursing home or other institution for the care of the sick or infirm, which would tend to unreasonably interfere with the operation of the same or disturbs the sleep, peace, quiet, comfort or repose of persons more than 30 feet away. "Adjacent" means within 500 feet of any of such institutional building; M. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, earthrnoving equipment, pneumatic harmer, derrick, steam or electric hoist or other appliance or machinery, the use of which creates a sound which disturbs the sleep, peace, quiet, comfort or repose of persons more than 30 feet away; N. The use of any off -road motorcycle or snowmobile where it is heard by the occupant from the premises of an inhabited residence not owned by the user. If the user has a permit issued under DCC 8.08.080(B), such person may operate the motorcycle or snowmobile within the terns of the permit; O. The operation of any blower, power fan, internal combustion engine, electric motor or compressor, or the compression of air, unless the sound from each machine is sufficiently muffled so as not to disturb the sleep, peace, quiet, comfort or repose of persons more than 30 feet away. (Ord. 2015-012 §2, 2015; Ord. 95-032 § 1, 1995; Ord. 203.11 §4, 1980) 8.08.050. Exception for Certain Farming and Forestry Practices. CQpnerally accepted,_ reasonable andprudent fanning and forest practices as described in ORS 30.930 to , - Deleted: G 30.937 and DCC 9.12 do not constitute nuisances under DC 8.08, excepting therefrom sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions associated with marijuana production and processing. (Ord. 2016-013 § 1, 2016; Ord. 95-024 § 12, 1995) 8.08.060. Construction. For the purpose of DCC 8.08, words used in the present tense include the future, the singular includes the plural, the word "shall' is mandatory and directory, and the term "this chapter" shall be deemed to include all amendments hereafter made hereto. (Ord. 95-032 §1, 1995; Ord. 203.11 §10, 1980) 8.08.070. Acts Prohibited. Except as permitted in DCC 8.08, no person shall make any unreasonable loud or raucous noise which disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the legal boundaries of the County. (Ord. 95-032 § 1, 1995; Ord. 203.11 § 5, 1980) 8.08.080. Permits -Issuance. A. In cases of an emergency which create an unsafe, dangerous or hazardous condition, the Sheriff may give permission to allow activities in DCC 8.08.040(L) to take place at any hour. Emergency permission fi•om the Sheriff may not exceed three days, but may be renewed for an additional three- day period. If the emergency extends past six days, further permission must be granted by the Board. _ B. At a public meeting noticed in accordance with ORS 192.640, an agency contracting for schedule& Formatted: indent: Left: 0", Tab stops: 0.25", Left construction or maintenance between the hours of 10:00 p.m. and 7:00 a.m. shall request a permit from the Board. Upon finding that the peace, quiet, comfort or repose of other persons will not be disturbed, finding the Board Deleted: 06 J or can be mitigated to an acceptable degree, or upon a public necessity exists, may _ Deleted: 16 Chapter 8.08 3 issue a permit allowing activities in DCC 8.08.040(L) to take place between such hours and for such periods as they deem proper. In granting such a permit, the Board shall consider the following, , - Deleted: � 1. the location of the road repair, construction, building or other site, ---------Page Break ------------_----- 2. the potential nature of the sound from the activity, 3. the potential nature of the sound from vehicular traffic to and from the site and the relative loss or inconvenience that would result to the persons affected. C. Permits issued by the Board may also include such restrictions or conditions that are necessary to safeguard the public peace. D. Granting of such permits may be appealed at any time by any person who resides or works within hearing of the noise generated as a result of the granting of the permit. Appeals of permits may result in the temporary or pennanent revocation of the permit, pending a review of the appeal at the next regularly scheduled public meeting of the Board. E. DCC 8.08.080 shall not apply to emergency work performed on public improvements and public utilities. Such activities may be conducted without restriction on the hours of operation. (Ord. 2005-004, §1, 2005; Ord. 95-032 §1, 1995; Ord. 203.11 §11, 1980) 8.08.090. Variances. The Board may grant personal non -assignable variances of expressly limited duration and covering a defined geographical area from the operation of DCC 8.08 after public hearing and ,Satisfaction of the variance burden of proof under the current County zoning ordinance. In addition to the standards provided therein, the Board shall apply the relevant provisions of ORS 467.060. (Ord. 2005-004, §1, 2005; Ord. 95-032 §1, 1995; Ord. 203.11 §12, 1980) 8.08.100. Amendments. DCC 8.08 may be amended, supplemented or changed by Wider of the Board. A proposal_ for change or_ , - Deleted: o amendment may be initiated by the District Attorney, County Counsel, Sheriff or by petition of 10 or more persons to the Board. (Ord. 95-032 §1, 1995; Ord. 203.11 §7, 1980) 8.08.110. Publication and Effect of Rules. A. To the extent that DCC 8.08 conflicts with rules of procedure established by any earlier ordinance, DCC 8.08 shall apply. B. A copy of DCC 8.08 shall be made available for the cost of reproduction to any person requesting it. C. DCC 8.08 supersedes any previous noise control ordinance. (Ord. 95-032 § 1, 1995; Ord. 203.11 §9, 1980) 8.08.120. Violation -Enforcement. A. Violation of any provision of DCC 8.08 is a Class A violation. B. It shall be the responsibility of the Deschutes County Sheriff to enforce DCC 8.08. (Ord. 2003-021 § 15, 2003; Ord. 95-032 § 1, 1995; Ord. 83-018 § 1, 1983; Ord. 203.11 §6, 1980) 8.08.130. Abatement and Removal. In addition to and not in substitution for any other remedies provided by law for enforcement of DCC 8.08, the Board may institute proceedings for injunction, mandamus, abatement or other appropriate proceedings to prevent temporarily, or permanently enjoin, abate or remove any activity or use of real or personal property which it has probable cause to believe does or will violate DCC 8.08. (Ord. 95-032 § 1, 1995; Ord. 203.11 § 13, 1980) Deleted: O6 Deleted: 16 Chapter 8.08 4 (122/2Q4_,% Chapter 9.04. DRUG PARAPHERNALIA 9.04.010. Definitions. 9.04.020. Display to Adults. 9.04.030. Display to Minors Prohibited. 9.04.040. Controlled Substances P.04.010. _ Definitions. _ _ - - Deleted:l1 For the purposes of DCC 9.04, unless otherwise apparent from the context, certain words and phrases used in DCC 9.04 are defined as set forth in DCC 9.04.010. "Controlled substance" means a drug or its immediate precursor classified in Schedules 1 through V under the Federal Controlled Substances Act, 21 USC sections 811 to 812, as modified under ORS 475.035; a _ drug as defined in ORS 475.005(13), and marijuana, as defined in ORS 475.005(1C�_ Application of -- Deleted:5 Deschutes County Code Chapter 9.04,with regard to marijuana, is subject to ORS Chp. 475B _ _ _ _ _ _ _ _ _ _ fDItd, . "Drug paraphernalia" means: A. Any machine, instrument, tool, equipment or device which is primarily adapted, designed and intended for one or more of the following: 1. To introduce into the human body any controlled substances under circumstances in violation of the laws of the state; 2. To enhance the effect on the human body of any controlled substance under circumstances in violation of the laws of the state; 3. To conceal any quantity of any controlled substance under circumstances in violations of the laws of the state; 4. To test the strength, effectiveness or purity of any controlled substance under circumstances in violation of the laws of the state; and B. Those items set forth in ORS 163.575(-Of A) through 163.575(fl(G)._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ < _ - - Deleted: e (Ord. 2020-005 $1, 2020; Ord. 95-033 § 1, 1995; Ord. 82-022 § 1, 1982) Deleted: e 9.04.020. Display to Adults. A. Drug paraphernalia may be lawfully displayed to adults, provided minors are not permitted on the premises. In lieu of prohibiting the entry of minors on the premises, a person may display drug paraphernalia to an adult provided such display is in an area within the premises not open to the entry of minors. B. Allowing a minor to enter an area within a premises not open to the entry of minors where drug paraphernalia is displayed to adults shall constitute a Class A violation. (Ord. 2003-021 § 19, 2003; Ord. 82-022 §3, 1982) 9.04.030. Display to Minors Prohibited. A. It is a violation to knowingly display drug paraphernalia in any building, location or premises open to the public in an area where minors may enter or remain. B. The display of drug paraphernalia to minors shall constitute a Class A violation. (Ord. 2003-021 §20, 2003; Ord. 82-022 §2, 1982) 9.04.040. Controlled Substances REPEALED in its entirety. (Ord. 2015-013, § 1, 2015; Ord. 2014-008, § 1, 2014, NOTE: Sunsets May 1, 2015) Chapter 9.04 Deleted: 03 Deleted: 16 U20Z1-1/ Chapter 9.12. RIGHT TO FARM 9.12.010. Short Title. 9.12.020. Purpose. 9.12.030. Definitions. 9.12.035. Definition -Facility. 9.12.040. Definition -Farming. 9.12.045. Definition -Farming Practice. 9.12.050. Definition -Forest Practice. 9.12.055. Definition -Non -Resource Use. 9.12.060. Definition -Generally Accepted. 9.12.065. Definition -Farming and Forest Practices Exclusions. 9.12.070. Definition -Nuisance or Trespass. 9.12.075. Definition -Pesticide. 9.12.080. Prohibition on Enactments That Make Farm and Forest Uses a Nuisance or Trespass. 9.12.090. Protection of Farm And Forest Uses on Lands Zoned for Resource Use. 9.12.100. Protection of Allowed Farm and Forest Uses in Zones Other Than EFU and Forest Zones. 9.12.110. Protection of Nonconforming Farm and Forest Uses. 9.12.120. Land Use Ordinances and Decisions. 9.12.130. Complaints by Non -Resource Users. 9.12.140. Farm Practices Advisory List. 9.12.150. Affect on Livestock Control Districts. 9.12.010. Short Title. This ordinance may be cited as the Deschutes County Right To Farm Ordinance. (Ord. 95-024 §1, 1995) 9.12.020. Purpose. A. It is the purpose of DCC 9.12 to protect farm and forest -based economically productive activities of Deschutes County in order to assure the continued health, safety and prosperity of its residents. Farm and forest uses sometimes offend, annoy, interfere with or otherwise affect others located on or near farm and forest lands. Deschutes County has concluded in conformance with ORS chapter 30 that persons located on or near farm and forest lands must accept resource uses and management practices. B. DCC 9.12 is intended to limit the availability of remedies based on nuisance or trespass, rights of action and claims for relief and issuance of citations for violations over which Deschutes County has jurisdiction, when they otherwise would either have an adverse impact on farm and forest uses that Deschutes County seeks to protect, or would impair full use of the farm and forest resource base within Deschutes County. (Ord. 2003-021 §21, 2003; Ord. 95-024 §2, 1995) 9.12.030. Definitions. For the purposes of DCC 9.12, unless otherwise apparent from the context, certain words and phrases used in DCC 9.12 are defined as set forth in DCC 9.12.035-075. (Ord. 95-033 § 1, 1995; Ord. 95-024 §3, 1995) Deleted: 04 Deleted, 03 Chapter 9.12 1 9.12.035. Definition -Facility. "Facility" means any real or personal property, including appurtenances thereto and fixtures thereon, associated with a given use. (Ord. 95-024 §3, 1995) 9.12.040. Definition -Farming. "Fanning" means the cultivation, growing, harvesting, processing or selling of plants or animals of any kind that lawfully may be grown, possessed and sold, including but not limited to forage, row crops, grapes, Christmas trees and nursery stock, fish, livestock, poultry and ratites. Except as otherwise set forth herein, fanning may be at either a commercial or a noncommercial scale. (Ord. 95-024 §3, 1995) 9.12.045. Definition -Farming Practice. "Farming practice" means a mode of fanning, including use of pesticides, that: 1. Is or may be used in a farming operation of a similar nature; 2. Is consistent with generally accepted, reasonable and prudent methods; 3. Is or may become a generally accepted, reasonable and prudent method in conjunction with farm use; 4. Complies with applicable laws; and 5. Is done in a reasonable and prudent manner. (Ord. 95-024 §3, 1995) 9.12.050. Definition -Forest practice. "Forest practice" means a mode of operation, including the use of pesticides, on forestland that: 1. Is or may be used on forestland of a similar nature; 2. Is a generally accepted, reasonable and prudent method of complying with ORS 527.610 to 527.770 and the rules adopted pursuant thereto; 3. Is or may become a generally accepted, reasonable and prudent method in conjunction with forestland; 4. Complies with applicable laws; 5. Is done in a reasonable and prudent manner; and 6. May include, but is not limited to, site preparation, timber harvest, slash disposal, road construction and maintenance, tree planting, pre -commercial thinning, release, fertilization, animal damage control and insect and disease control. (Ord. 95-024 §3, 1995) 9.12.055. Definition -Non -Resource Use. "Non -resource use" means any facility, activity or other use of land that does not constitute a farm or forest use, as defined herein, including but not limited to residential use. (Ord. 95-024 §3, 1995) 9.12.060. Definition -Generally Accepted. "Generally accepted" means a practice that an average person in Deschutes County who is regularly involved in the same type of resource use would reasonably expect to occur or exist in a rural setting. __._ (Ord. 95-024 §3, 1995) Deleted: 04 Deleted:03 Chapter 9.12 2 (12002A) 9.12.065. Definition -Farming and Forest Practices Exclusions. "Fanning and forest practices" do not include: 1. The willful growing of unlawful, infested, infected or diseased plants or animals; or 2. Trespass which involves actual physical intrusion onto the property of another by a person or, within a livestock control district, by a person's animals. (Ord. 95-024 §3, 1995) 9.12.070. Definition -Nuisance or Trespass. "Nuisance" or "trespass" includes but is not limited to actions or claims based on noise, vibration, odors, smoke, pesticide spray, dust and mist from irrigation. Nuisance also includes actions or claims based on otherwise approved practices performed during non -daylight hours. (Ord. 95-024 §3, 1995) 9.12.075. Definition -Pesticide. "Pesticide" includes defoliants, desiccants, fungicides, herbicides, insecticides, nematocides, and other substances included and defined in ORS 634.006(8). (Ord. 95-024 §3, 1995) 9.12.080. Prohibition on Enactments That Make Farm and Forest Uses a Nuisance or Trespass. Except as allowed by ORS 475E 486 and/or ORS 475B.928, the Board of County Commissioners shall , - Deleted: T - enact no resolution or ordinance that makes a farm or forest practice covered by DCC 9.12.090 through 9.12.110 a nuisance or trespass or provides for the regulation or abatement of such practices as a nuisance or trespass. (Ord. 2020-005 § 1, 2020; Ord. 95-024 §4, 1995) 9.12.090. Protection of Farm and Forest Uses on Lands Zoned for Resource Use. A. Except as allowed by ORS 47513.486 and/or ORS 475B.928_prt farm or forest practice occurring on- , - Deleted: N lands zoned for resource use shall be declared to be a public or private nuisance or trespass, or support any complaint procedure, or give rise to a claim for relief in favor of, or to protect the interests of non - resource uses or any persons or property associated therewith, to the extent that such controversy, proceeding or claim would arise under an ordinance or the inherent authority of Deschutes County. B. DCC 912.090 applies regardless of: 1. The location of the purportedly affected non -resource use; 2. Whether the non -resource use purportedly affected existed before or after the occurrence of the farm or forest use; 3. Whether the farm or forest practice or non -resource use has undergone any change or interruption; or 4. Whether the resource use or non -resource use is located inside or outside an area designated as other than high value resource lands. C. Lands zoned for resource use include lands in EFU zones, forest zones, surface mining zones, and flood plain or open space & conservation zones where the underlying comprehensive plan designation is "agriculture" or "forest." D. If zoning is changed in such a way to place a fanning or forest practice within a resource zone as defined herein, DCC 9.12.090 will apply to that fanning or forest practice after the date the zone change becomes effective. Deleted: 04 (Ord. 2020-005 § 1, 2020; Ord. 95-024 §5, 1995) I d• Chapter 9.12 3 9.12.100. Protection of Allowed Farm and Forest Uses in Zones Other than EFU and Forest Zones. A. Except as allowed by ORS 47513.486, and/or ORS 475B.928, 4n lands other than those zoned for fann - - Deleted: o or forest use, no farm or forest use allowed in a zone shall be declared to be a public or private nuisance or trespass, or support any complaint procedure, or give rise to a claim for relief in favor of, or to protect the interests of, nomesource uses or any persons or property associated therewith, to the extent that such controversy, proceeding or claim would arise under an ordinance or the inherent authority of Deschutes County. B. DCC 9.12.110 shall apply: 1. To fanning practices on commercial fauns only, notwithstanding the definition of farming in DCC 9.12. 2. Whether or not the fann practice occurs within the applicable urban growth boundary. 3. Where the commercial fanning or forest practice existed before the conflicting nonfann or nonforest use of real property that gave rise to the complaint. (Ord. 2020-005 1, 2020, Ord. 95-024 §6, 1995) 9.12.110. Protection of Nonconforming Farm and Forest Uses. A. Except as allowed by ORS 47513.486, and/or ORS 47513.928, on lands where fanning or forest practices_ - - Deleted: o occur as a pre-existing nonconforming use in a zone not otherwise allowing farm or forest practices, no such practices shall be declared to be a public or private nuisance or trespass, or support any complaint procedure, or give rise to a claim for relief in favor of, or to protect the interests of, non -resource uses or any persons or property associated therewith, to the extent that such controversy, proceeding or claim would arise under an ordinance or the inherent authority of Deschutes County. B. DCC 9.12.110 shall apply: 1. To fanning practices on commercial farms only, notwithstanding the definition of farming in DCC 9.12. 2. Whether or not the farm practice occurs within the applicable urban growth boundary. 3. Where a fanning or forest practice existed before the conflicting nonfarm or nonforest use of real property that gave rise to the complaint. 4. Where a fanning or forest practice has not significantly increased in size or intensity from November 4, 1993 or the date on which the zoning is changed to make the use a nonconforming one, whichever is later. (Ord. 2020-005 1, 2020; Ord. 95-024 §7, 1995) 9.12.120. Land Use Ordinances and Decisions. The fact that Deschutes County's comprehensive plan and zoning ordinances and that individual land use decisions issued by the County may allow the siting, development or support of any particular use does not negate the provisions of DCC 9.12 intended to protect a fain or forest resource use. (Ord. 95-024 §8, 1995) 9.12.130. Complaints by Non -Resource Users. Any persons not engaged in a farm or forest use are deemed on notice that Deschutes County will not issue a citation involving a fann or forest practice protected under DCC 9.12 (unless otherwise subject to regulations authorized by ORS 47513.486, and/or ORS 47513.928), so long as such resource use complies with applicable provisions of federal and state laws and DCC 9.12. In order to protect a farming or forest practice from shutdown upon receipt of a complaint of nuisance, there shall be a presumption of Deleted: oa acceptability of the practice in the absence of compelling evidence that continuation of the practice would Deleted: 03 Chapter 9.12 4 (14202-W-" result in an immediate threat to health and/or safety to the public, and the County shall not take action to cause cessation of such practice. If the practice shall not have been previously adjudged to be an acceptable practice, the County shall, subject to DCC 9.12.140, make a timely determination of whether a citation should issue. (Ord. 2020-005 &1, 20M Ord. 95-024 §9, 1995) 9.12.140. Farm Practices Advisory List. In determining whether any particular farming or forest practice is a generally accepted, reasonable and prudent practice, County staff may prior to issuing a citation, seek the advice of an expert or experts in the particular practice involved from a list of experts provided by the Deschutes County Farm Bureau for each commodity or practices area. (Ord. 95-024 § 10, 1995) 9.12.150. Affect on Livestock Control Districts. Nothing in DCC 9.12 shall apply to or restrict any action taken under DCC 6.08 with respect to livestock at large. (Ord. 95-024 §11, 1995) Deleted: 04 — - — �Deleted: 03 Chapter 9.12 5 (14202A)l Chapter 9.16. SOCIAL GAMING 9.16.010. Short Title. 9.16.020. Legislative Authority and Purpose. 9.16.030. Definition — Board. 9.16.040. Definition — County. 9.16.050. Definition — Person and Persons. 9.16.060. Definition — Player. 9.16.070. Definition — Social Game; Social Gaming. 9.16.080. Legislative Authority and Purpose. 9.16.090. Permitted Social Gaming. 9.16.100. License Fee. 9.16.110. License — Application. 9.16.120. License — Background Investigation. 9.16.130. License — Issuance. 9.16.140. License — Non -Transferable. 9.16.150. Number of Licenses. 9.16.160. License — Revocation or Suspension. 9.16.170. Social Gaming — Restrictions. 9.16.180. Penalties. 9.16.010. Short Title. DCC 9.16 shall be known as the Deschutes County Social Gaming ordinance. (Ord. 2006-023 §1, 2006; Ord. 2005-025 §1, 2005) 9.16.020. Legislative Authority and Purpose. Oregon Revised Statues ("ORS") 167.1Q8, et seg._ define gambling and provide for the regulation of , - Deleted: 80 gambling in the State of Oregon. Pursuant to ORS 167.117(7) "gambling" does not include "social games." ORS 167.121 provides that counties and cities may, by ordinance, authorize the playing or conducting of a Social Game in a private business, private club, or in a place of public accommodation. Such ordinances may provide for regulation or licensing of the authorized Social Gaines. The purpose of this ordinance is to authorize and regulate, in accordance with Oregon state law, the playing or conducting of Social Games at Special Events held in Deschutes County in private businesses or in places of public accommodation. It is not the purpose of this ordinance and this ordinance is not intended to regulate any form of gambling or gaming authorized and regulated under Oregon state law other than Social Gaming as specifically defined in this ordinance. (Ord 2020-005 ' 1, ZON Ord. 2006-023 §1, 2006; Ord. 2005-025 §1, 2005) 9.16.030. Definition — Board. "Board" means the Deschutes County Board of County Commissioners. (Ord. 2006-023 §1, 2006; Ord. 2005-025 §1, 2005) 9.16.040. Definition — County. "County" means Deschutes County and is limited to the unincorporated areas of the County. (Ord. 2006-023 § 1, 2006; Ord. 2005-025 § 1, 2005) Chapter 9.16 Deleted: 07 Deleted: 06 9.16.050. Definition — Person and Persons. "Person" and "Persons" mean any individual, firm, partnership, corporation, joint venture, association, social club, fraternal organization, fi•atemity, sorority, non-profit organization, estate, trust, business trust, receiver, trustee, syndicate or any other group, organization or combination acting as a unit. (Ord. 2006-023 §1, 2006; Ord. 2005-025 §1, 2005) 9.16.060. Definition— Player. "Player" means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. A person who gambles at a Social Game of chance on equal terms with the other participants therein is a person who does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises thereof and supplying cards or other equipment used therein. A Person who engages in bookmaking is not a player. (Ord. 2006-023 § 1, 2006; Ord. 2005-025 § 1, 2005) 9.16.070. Definition — Social Game; Social Gaming. "Social Game" and "Social Gaming" mean a game, other than a lottery, between players at a Special Event held in a private business or place of public accommodation where no house player, house bank or house odds exist and there is no house income from the operation of the Social Game. (Ord. 2006-023 § 1, 2006; Ord. 2005-025 § 1, 2005) 9.16.080. Definition — Special Event. "Special Event" means an event held within County that is held one time or on an infrequent basis; not more than once annually. (Ord. 2006-023 §1, 2006; Ord. 2005-025 §1, 2005) 9.16.090. Permitted Social Gaming. Social Gaming, as defined in this ordinance, shall be permitted only in connection with Special Events provided the Person or Persons promoting and/or putting on the Special Event has first obtained a Social Gaining license approved and issued by the Board and provided that the Special Event and the Social Gaining to be conducted in connection with Special Event shall comply with all applicable County ordinances and all applicable State and Federal laws and regulations. (Ord. 2006-023 §1, 2006; Ord. 2005-025 §1, 2005) 9.16.100. License- Fee. Every person submitting an application to County to obtain a Social Gaming license pursuant to this chapter shall submit with the application for the license a fee in the amount of $250,00. In the event of the surrender, suspension, revocation or expiration of any license issued pursuant to this chapter, no license fee or any portion thereof shall be refunded. (Ord. 2006-023 §1, 2006; Ord. 2005-025 §1, 2005) Deleted:07 Deleted: 06 Chapter 9.16 2 9.16.110. License —Application. Application for a license to be issued pursuant to this chapter shall be made upon a form or forms provided by County and shall be accompanied by the fee required in DCC 9.16.100, an executed authorization to permit County to obtain criminal history information for each Person involved in promoting and/or putting on the Special Event with which the proposed Social Gaming is connected and all other information and documentation as may reasonably be required by County to consider and determine the sustainability of issuing a Social Gaming license to an applicant. The application form shall require at least the following information: A. The rice name and address for the Person applying for the license and of each Person directly responsible for promoting and/or putting on the Special Event; B. The past criminal record, if any, of all such Persons; C. The name of the Special Event; D. The address and a description of each location or locations of the Special Event and of each location or locations where the proposed Social Gaming will occur. E. The address and telephone number of the principle place of business of the Person or Person promoting and/or putting on the Special Event. F. The type or types of Social Game or games to be played, the estimated number of participants, the estimated number of gaining tables to be used and a specific description of the betting scheme that will be used for each Social Game or games to be played; and G. Any such other or additional information as County deems reasonably necessary to effectuate the provisions and purposes of this chapter. (Ord. 2006-023 §1, 2006; Ord. 2005-025 §1, 2005) 9.16.120. License — Background Investigation. Upon submission of an application for a Social Gaming license pursuant to this chapter, County shall review the application and shall conduct an investigation of the applicant, all Persons associated with the Special Event and/or Social Gaining to be conducted in connection with the Special Event as County determines is appropriate. Investigations may include, but shall not be limited to, investigation of criminal records, financial stability, business experience, personal history and reputation of applicant and any Person involved with promoting and/or putting on the Special Event, for habits, traits and character. (Ord. 2006-023 §1, 2006; Ord. 2005-025 §1, 2005) 9.16.130. License — Issuance. Upon consideration of an application for a Social Gaming license and consideration of information obtained as the result of a background investigation and upon consideration of any and all other information the Board may deem relevant to the application for a Social Gaming license, the Board may issue a Social Gaming license. (Ord. 2006-023 §1, 2006; Ord. 2005-025 §1, 2005) 9.16.140. License — Non -Transferable. A license issued pursuant to this chapter is not transferable and shall not be valid for any event or location other than the event and location or locations specifically described in the license. Any assignment or transfer of any license issued pursuant to this chapter or any attempt to assign or transfer any license issued pursuant to this chapter shall be deemed to be an irrevocable surrender and cancellation of that license. (Ord. 2006-023 § 1, 2006; Ord. 2005-025 § 1, 2005) Deleted: 07 ' Deleted:06 Chapter 9.16 3 9.16.150. Number of Licenses. No person may be issued more than two (2) Social Gaming licenses in County within a calendar year and no more than two (2) Social Gaining licenses may be issued with a calendar year for Social Gaming at any one location, address, business, or place of public accommodation. (Ord. 2006-023 § 1, 2006; Ord. 2005-025 § 1, 2005) 9.16.160. License — Revocation or Suspension. Any license issued pursuant to this chapter may be immediately revoked or suspended by the Board upon a determination by the Board that any Person or Persons promoting and/or putting on the Social Gaming authorized by the license has violated the terms and conditions of the license, any applicable County ordinance or any State or Federal law or regulation or if the Board detennines, for any reason, that the Social Gaining activities, as conducted, adversely impact the health, safety or welfare of the citizens of Deschutes County. (Ord. 2006-023 § 1, 2006; Ord. 2005-025 § 1, 2005) 9.16.170. Social Gaming — Restrictions. In addition to the requirement that any Person conducting Social Gaining under a license issued by County shall comply with all applicable County ordinances and State and Federal laws and regulations, any Social Gaining conducted in County shall be conducted in accordance with all of the following conditions: A. A valid license issued pursuant to this chapter shall be visibly displayed in each room or enclosure where the Social Game takes place. County may issue duplicate original licenses if approved Social Gaming will take place in more than one location; B. Every room or enclosure where a Social Game takes place shall be open to free and immediate access by County, its authorized personnel and to any law enforcement officer during all hours of operation of the Social Gaining. Doors leading into each room or enclosure where a Social Game takes place shall remain unlocked during all hours of operation; C. No Person shall obstruct, interfere with or attempt to obstruct or interfere with any County representative, personnel or any law enforcement officer who views or attempts to view the conduct of any Social Gaining; D. No doors, screens or other obstructions shall conceal any Player or Players at any table or location where Social Gaming is conducted; E. No person under the age of 18 shall be permitted to participate in any Social Game or to enter or to remain in any room or enclosure in which a Social Game is being played; F. No Social Gaming shall take place between the hours of 2:00 a.m. and 10:00 a.m. of any day; and G. No Person who obtains a license to conduct Social Gaming under this chapter shall participate in any Social Game nor shall they fund, back, farm out or otherwise sponsor, financially or otherwise, any other Person in the playing or the participation in any Social Game authorized by this chapter. (Ord.2006-023 §1, 2006; Ord. 2005-025 §1, 2005) 9.16.180. Penalties. in addition to any and all penalties that may be assessed under State or Federal law, any violation of this chapter is a Class A violation. (Ord. 2006-023 §1, 2006; Ord. 2005-025 §1, 2005) Deleted: 07 _� �Deleted:06 Chapter 9.16 4 (122022(1 J° Chapter 10.05. RIGHT OF WAY SIGNS 10.05.010. Introduction. 10.05.020. Definitions. 10.05.030. Prohibited uses. 10.05.040. Exemptions. 10.05.050. Sign Types. 10.05.060. Application Process. 10.05.070. Composition. 10.05.080. Fees -Installation and Maintenance. 10.05.090. Criteria for Specific Information Panels. 10.05.100. Spacing of Signs and Panels. 10.05.110. Violation -Penalty. 10.05.120. Nuisance Declared -Removal. 10.05.010. Introduction. DCC Chapter 10.0�is enacted to establish standards andprocedures for signs to be installed and maintained_ , - Deleted: Tale to within public rights of way which fall under the jurisdiction of the Board of County Commissioners, and which are necessary to meet the needs of the motorist in locating public recreational facilities and services open to the general public. DCC Chapter 10.0� shall be known as the Deschutes County Road Right of _ - Deleted: Tine to -- Way Sign Ordinance. (Ord. 2020-005 § 1, 2020; Ord. 95-034 § 1, 1995; Ord. 90-011 § 1, 1990) 10.05.020. Definitions. The following definitions apply as set forth in DCC 10.05.020. "Administrator" means the Road Department Director or the designee for Deschutes County, Oregon. "Applicant" means a person or entity applying for a permit to place signs, logos or sign panels or supplemental sign panels within the right of way. "Business sign (Logo)" means a separately attached sign mounted on the sign panel to show the brand, symbol, trademark or name, or combination thereof, of services available. "Directional information" means the name of the business, service or activity, qualified historical feature or qualified cultural feature and other necessary information to direct the motoring public to the business, service or activity, placed on a tourist -oriented directional sign. "Directional sign" means a sign identifying and containing directional information to one or more public services, to natural phenomena or historic, cultural, scientific, educational or religious sites or facilities, or to recreational facilities open to the general public, including marinas, boat ramps, camping facilities and day recreation facilities. "Erect or construct" means to construct, build, assemble, place, affix, attach, create, paint, draw or in any way bring into being or establish. "Maintain" includes painting or routine repairs necessary to maintain the sign in a neat, clean, attractive and safe condition, and the tern includes allowing to exist. "MUTCD" means the Manual on Uniform Traffic Control Devices. Chapter 10.05 Deleted: 04 n� "Qualified motorist business" means a business furnishing gas, food, lodging or camping which has met the requirements of these regulations for the placement of a logo on a sign panel or supplemental sign panel. "Reconstruction" means replacing a sign totally or partially to increase its size or performing any work, except maintenance work, that alters or changes a sign. "Responsible operator or owner" means the owner in fee simple or a person or entity who operates a motorist business and who has authority to enter into an agreement relative to matters covered by DCC 10.05. "Sign panel" includes "motorist informational signs," "specific informational panel" and "logo signs." "Tourist -oriented directional sign" means a sign panel with the name of a qualified tourist -oriented business, service or activity, or qualified historical feature or qualified cultural feature together with directional information erected in advance of or at an intersection. "Trailblazer" means a small sign panel with the type of motorist service offered and the name, direction and distance to the qualified motorist business. (Ord. 95-034 §1, 1995; Ord. 90-011 §1, 1990) 10.05.030. Prohibited Uses. A sign or sign panel may not be erected or maintained if it: A. Interferes with, imitates or resembles any official traffic control sign, signal or device, or attempts or appears to attempt to direct the movement of traffic. B. Prevents the driver of a motor vehicle from having a clear and unobstructed view of official traffic control signs and approaching or merging traffic. C. Contains, includes or is illuminated by any flashing, intermittent, revolving, rotating or moving lights, or moves or has any animated or moving parts. D. Has any lighting, unless such lighting is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main traveled way of a road, or is of such low intensity as not to cause glare or to impair the vision of the driver or otherwise to interfere with the operation thereof. E. Is located upon a tree or painted or drawn upon a rock or other natural feature. F. Advertises or calls attention to an activity or attraction no longer carried on. G. Advertises activities that are illegal under any state, federal or local law applicable at the location of the sign or of the activities. H. Is not maintained in a neat, clean and attractive condition and in good repair as determined by the Road Department Director or his designee. I. Is not able to withstand a wind pressure of 20 pounds per square foot of exposed surface. J. Does not meet the requirements of DCC 10.05 or the MUTCD. (Ord. 95-034 §1, 1995; Ord. 90-011 §1, 1990) 10.05.040. Exemptions. The following signs are exempted under DCC 10.05: A. Those traffic signs that are required for traffic control and safety included in the MUTCD. B. Those portions of sign that intrude into the public right of way that were granted a permit under the Deschutes County Sign Ordinance. C. Temporary activity signs that are granted a permit lasting less than 90 days which otherwise are in compliance with the terns of this ordinance, including parades, fun runs, bicycle or pedestrian contests, political signs or special public functions. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1, 1990) --D eleted: 04 Deleted: 03 Chapter 10.05 10.05.050. Sign Types. The following types of signs are allowed under the terms of DCC Title 10: A. Type I - Qualified Motorist Business. Tour route signs; tourist information signs; public facility and service signs; commercial businesses offering food, gas, lodging or camping services; historic location signs; federal, state and local recreational and facility signs; and nonprofit institutions, including churches and civic organizations. B. Type II - Qualified Tourist -oriented Business. Any legal, cultural, historical, recreational, educational or entertaining activity or a unique or unusual commercial or nonprofit activity the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity. (Ord. 95-034 §1, 1995; Ord. 90-011 §1, 1990) 10.05.060. Application Process. A. Application for a Type I or Type 11 sign shall be made in writing addressed to the Road Department Director for Deschutes County, Oregon. It may be in letter form or on a form prepared for such purpose by the department. Information contained shall include the following: the name, address and telephone number of the owner or operator of the business or service for which the sign is intended; the reason for the sign; a description of the location(s) for the sign; a description of the information requested on the sign; and be accompanied by the appropriate application fee. Each business applicant shall also submit a copy of the business' land use permit. The Administrator shall notify the appropriate Planning Director of the application and request review and comment on the application. B. Within 30 working days from the date of receipt of the request for a sign, the Administrator shall respond in writing to the applicant as to the adequacy of the information received. Requests for signs that do not comply with the provisions of DCC 10.05 shall be denied by the Administrator. If the application is denied, the Administrator shall cite the appropriate section of the ordinance or MUTCD pertinent to the application. C. Each application shall be accompanied with the appropriate fee for processing. If the application is approved, the applicant shall make arrangements to have the department install the sign and pay the required costs for materials, labor and travel. Payment of such costs and execution of a maintenance agreement, along with not less than two year's maintenance fees, shall be made in advance. D. If the application is denied, the applicant may appeal the decision as provided in DCC 22. (Ord. 95-034 §1, 1995; Ord. 90-011 §1, 1990) 10.05.070. Composition. All signs installed under the terns of DCC Title 10 shall be in compliance with the MUTCD; A. Sign panels shall have a blue background with a white reflectorized border for all signs, except historical, cultural and recreational which shall have a brown background. B. Logos shall have a blue background with a white legend and border. The principal legend should be at least equal in height to the directional legend on the sign panel. Where business identification symbols or trademarks are used alone for a logo, the border may be omitted, the symbol or trademark shall be reproduced in the colors and general shape consistent with customary use and any integral legend shall be in proportionate size. Messages, symbols and trademarks which resemble any official traffic control device are prohibited. The vertical and'horizontal spacing between logos on sign panels shall not exceed eight inches and 12 inches respectively. C. All directional arrows and all letters and numbers used in the name of the type of service and directional legend shall be white and reflectorized. D. Each too shall be contained within a 24-inch wide and 18-inch high rectangular background area, f- including border. Deleted: 03 Chapter 10.05 E. All letters used in the name of the type of service on the sign panel shall be four -inch capital letters. F. Tourist -oriented directional signs shall have a blue reflectorized background with a white reflectorized border and message. The intersection sign shall not exceed 18 inches in height and 72 inches in length, and shall have not more than two lines of legend, including a separate direction arrow and the distance to the facility to the nearest one -quarter mile. The content of the legend shall be limited to the identification of the business and shall not include promotional advertising as determined by the Administrator. A six-inch letter height shall be used. Advance tourist -oriented directional signs shall be the same as intersection tourist -oriented directional signs, except that in lieu of the directional arrow and mileage, the sign shall include the directional word information "ahead" or "next left" etc. as may be required. G. All directional arrows, letters and numbers used in the name of the type of service and the directional legend shall be white and reflectorized. H. Tourist -oriented directional signs are to be located at intersections. I. Notwithstanding the fact that a tourist -oriented business meets all of the eligibility requirements of this ordinance and applicable provisions of the Deschutes County Code, an application may be denied if it is determined, after investigation by the Administrator, that adequate direction to the business cannot be given by a reasonable number of allowable tourist information directional signs. (Ord. 95-034 §1, 1995; Ord. 90-011 §1, 1990) 10.05.080. Fees -Installation and Maintenance. A. All Type I and Type II signs, except city, county, state and federal directional and information signs, shall be required to reimburse the County for the actual costs of processing the application and the material and labor required to construct, purchase, locate, install and maintain a sign for an applicant. A fee schedule shall be adopted each budget year which sets forth the department's fees which shall apply until replaced by a new fee schedule. B. All Type I and Type II signs shall be installed, maintained and removed by the County in accordance with the MUTCD and DCC 10.05. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1, 1990) 10.05.090. Criteria for Specific Information Panels. A. Each qualified motorist business identified on a sign panel shall have given written assurance to the Administrator of its conformity with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex or national origin, and shall not be in breach of the assurance. B. The types of service permitted shall be limited to: "Gas," which shall include fuel, oil, tire repair, air and water, restroom facilities, drinking water and telephone, with continuous operations for a minimum of 12 hours a day, six days a week. "Food" shall include, continuous operations for a minimum of 12 hours a day, six days a week, restroom facilities and telephone, with the primary business of providing meals. "Lodging" shall include, adequate sleeping accommodations, modern sanitary facilities and drinking water. "Camping" shall include, adequate parking accoimnodations, modem sanitary facilities and drinking water. C. Panels shall be in the direction of traffic. Successive sign panels shall be those for "camping," "lodging," "food," and "gas," in that order. D. Riders with the words "diesel" or "LP gas" or a rider containing both may be placed on a sign panel underneath any gas logo if the qualified motorist service business has diesel or LP gas available during its horns of operation. Such rider shall be 35 inches long and seven inches high with six-inch letters. The color shall be blue with white letters. The combination rider shall be 52 inches long and seven inches high with five -inch high letters. Deleted: 04 Deleted: 03 Chapter 10.05 4 U20A)— E. Each qualified tourist -oriented business identified on a tourist -oriented directional sign shall have given written assurance to the Administrator of its conformity with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex or national origin, and shall not be in breach of that assurance. F. Except for undeveloped cultural and historic features, a qualified tourist -oriented business shall have restroom facilities and drinking water available; continuous operation at least six hours per day, six days a week during its normal business season; a license where required; and adequate parking accommodations. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1, 1990) 10.05.100. Spacing of Signs and Panels. Spacing of sign panels and the placement of directional signs shall be in accordance with the MUTCD and in the judgment of the Administrator. In any case, the number of signs, including directional signs, shall be the minimum necessary to enable a motorist to locate the tourist -oriented business or to locate the public service. (Ord. 95-034 § 1, 1995; Ord. 90-011 § 1, 1990) 10.05.110. Violation -Penalty. A. Any person, firm or corporation erecting, constructing, reconstructing or maintaining a business sign, directional sign, tourist -oriented directional sign, trailblazer or temporary activity sign in violation of the provisions of DCC 10.05 constitutes a Class A violation and shall be punishable upon conviction by a fine of not more than $500.00. B. Each day of a violation described in DCC 10.05.110(A) constitutes a separate offense and is punishable as a continuing violation under DCC 1.16. (Ord. 2003-021 §22, 2003; Ord. 95-034 §1, 1995; Ord. 90-011 §1, 1990) 10.05.120. Nuisance Declared -Removal. A. Any sign maintained in violation of DCC 10.05 constitutes a nuisance. B. Nothing in DCC 10.05 shall be construed to limit the authority of the County Road Official pursuant to ORS 368.945. (Ord. 95-034 §1, 1995; Ord. 90-011 §1, 1990) rDeleted: 04 1 Deleted: 03 Chapter 10.05 5 Chapter 10.06. BICYCLE RESTRICTIONS ON SKYLINERS ROAD 10.06.010. Bicycle Restrictions on Skyliners Road. 10.06.020. Exceptions. 10.06.030. Signage 10.06.040 Violation 10.06.000. Applicability of Restrictions Imposed by DCC Chapter 10.06. The restrictions imposed by DCC Chapter 10.06 are not applicable on or after July 1, 2016. (Ord. 2020-005 1, 2020) 10.06.010. Bicycle Restrictions on Skyliners Road. Except as provided in Section 10.06.020, it shall be unlawful for the operator of a bicycle on Skyliners Road to ride alongside and in the same direction as another cyclist. (Ord. 2010-013 § 1, 2010) 10.06.020. Exceptions. A person is not in violation of the offense under Section 10.06.010 if the person operates a bicycle alongside another cyclist in the same direction under any of the following circumstances: a. when overtaking and passing another cyclist; b. when preparing to execute a left turn or a U-turn; c. at such time as the cyclist is riding as a registered participant and in compliance with any conditions imposed on an event, which has been specifically approved by the County. (Ord. 2010-013 § 1, 2010) 10.06.030. Signage. The Director of the Road Department is authorized and directed to erect appropriate signs giving notice of the restrictions in Section 10.06.010 of this chapter consistent with the provisions of ORS 810.030 and the Manual on Uniform Traffic Control Devices, current edition. (Ord. 2010-013 § 1, 2010) 10.06.040. Violation Violation of Section 10.06.010 is as provided by ORS 818.130. (Ors. 2010-013 § 1, 2010) Deleted: 03 Deleted: 10 Chapter 10.06 1 Chapter 11.04. PUBLIC USE 11.04.010. Purpose. 11.04.020. Definitions. 11.04.030. Policies. 11.04.040. Justice Building -Searches. 11.04.050. Road Closures. 11.04.060. Prohibited Activities. 11.04.070. Alienation. 11.04.080. Violation -Penalty. 11.04.010. Purpose. Public use regulations are adopted for the purpose of protecting public property. (Ord. 96-013 §1, 1996) 11.04.020. Definitions. For the purposes of DCC 11.04, unless otherwise apparent fiom the context, certain words and phrases used in DCC 11.04 are defined and as set forth in DCC 1.04 and DCC 11.04.020. "Industrial land" means any County owned real property zoned for industrial, commercial, manufacturing, research and development or warehousing purposes as authorized. "Park" means any County owned real property designated by resolution of the Board as a County park, pursuant to ORS 275.320. "Parking lot" means an area consisting of one or more parking spaces grouped. "Program Administrator" means the Board, the County Property and Real Estate Manager, Deschutes County department head or designees. "Public service facility" means any real property that is owned or leased by County where public services are provided or conducted and shall include, but not be limited to, buildings, facilities, or real property which is fenced, enclosed or otherwise developed and any associated grounds. "Right of way" means the area between the boundary lines of a street, road or other public easement. "Vacant county land" means all County owned land which does not qualify as a "public service facility," "park" or "right of way." (Ord. 96-013 § 1, 1996) 11.04.030. Policies. A. Real Property. Public use of County owned real property shall be limited to day use (dawn to dusk) except as permitted herein or otherwise permitted by adoption of resolution of the Board. 1. Any County owned real property leased by authority of the Board to other public agencies or private parties shall be governed by the terns and provisions of such leases. 2. County real property may be posted closed or use limited by the County Property ]Manager,_/' Director of Road Department, Director of Solid Waste, or Risk Manager, _ 3. County shall not accept real property except upon recording of a written acceptance from the Board. 4. Exclusive or other special use of County owned real property by private entities or other agencies , shall only be granted pursuant to a written leasepr icense authorized by the Board. J' Chapter 11.04 Deleted: and Real Estate Deleted: , Deleted: ment Coordinator Deleted: Deleted: permit Deleted: 04 Deleted: 03 B. County Owned/Occupied Buildings. County public service facilities and other buildings occupied bye , - -EDeleted- housing County employees are open to members of the public who have business with County employees. However, these buildings are also places where County employees do their work. That work often involves sensitive and confidential issues. County employees require work areas that are quiet, free from unnecessary foot traffic and where they may discuss sensitive or confidential matters without being overheard by persons not employed by the County. 1. Each department or other program occupying a building shall establish a waiting area which is, to the extent possible, located near the department or program receptionist and outside the department's or program's work area. Members of the public are to wait in this area until the person they are waiting to see is available. Each waiting area shall be clearly posted as such. 2. Areas other than designated waiting areas are open to visitors by invitation only. County department heads and staff are responsible for their offices, and may request (or order) visitors to leave their offices at their discretion. County department heads and department support staff supervisors are responsible for support staff work areas, and may, in their discretion, ask visitors to leave those areas. C. Public Service Facilities. 1. Public service facilities which provide services beyond the hours of dawn to dusk shall operate in a manner deemed appropriate by the Program Administrator. Public access may be restricted by the Program Administrator, on the basis of public safety or administrative efficiency to those areas deemed by the Program Administrator to be necessary for provision of the intended services. 2. County parking lots may be posted with time and use restrictions. Violations may be cited by the Facilities Director or_County Administrator designee _The recommended penalty for -the -citation of _ - Deleted: violation of DCC 11.04 shall be dollars, which shall double each 24 hours up to four days, and `' Deleted: buildurg services manager which may be paid as a bail for forfeiture. If not paid at that time, a warrant may be issued by the Deleted: 10 Circui ( urt to the violator. ur`�_Y_ --------------------- ----- ---------------- ----------- (Ord. 2020-005 § 1, 2020- Ord. 96-613 § 1, 1996) - Deleted: district Deleted: c 11.04.040. Justice Building -Searches. Except for on -duty law enforcement personnel, and individuals designated county staff, every person entering through the public entrances of the Courthouse facility, District Attornefacility, Community and Juvenile Justice facilities, and all other Deschutes County Justice / Law Enforcement facilities, including his her through metal detectors. - Deleted: Building or any justice sodding anyannex thereto, is subject to search of or possessions and must pass _ _ - --9iss--------- - - - - - -- - --------- _ (Ord 2020-005 &1, 2020- Ord. 97-046 §1, 1997) 11.04.050. Road Closures. Where County property, not generally open for public use, is or has been used by automobiles, motorcycles and other off -road vehicles or bicycles for recreation or for other purposes, and the County has a need to close the property to this use, the County will notify the general public of the intent to close in a local paper of general circulation. The design of the closure shall be in accordance with the requirements of the Manual on Uniform Traffic Control Devices, published by the Federal Highway Administration, in terns of signing and barricading. Permanent closures shall consist of appropriate berms, ditches and obliteration of existing roads. The closure design shall be in written form and approved by the County Engineer or County Traffic Engineer. In no case shall ropes or cables be used to close the road or area. (Ord. 96-013 § 1, 1996) 11.04.060. Prohibited Activities. A. No person shall construct, install, or encroach upon County owned land. No person shall sever, �Dl elated- 64 excavate, damage, vandalize, burn, litter, remove materials from or cause other site disturbing activity ' Deleted:03 Chapter 11.04 2 upon or to County owned land without obtaining an appropriate permit or license authorizing such _ activity, from the Board, PropertyManager, Director of Road Department or Director of Solid Waste. _ - - Deleted: and Real Estate B. No person shall cut or remove wood on or from County owned real property except upon first obtaining a wood cutting permit from the County PropertyM9 i ager or County Forester. _ _ _ _ - , - - Deleted: and Real Estate C. Motor vehicles shall be limited to existing parking lots and roads. Motor vehicles are prohibited on dedicated public pedestrian/bicycle trails. D. Discharge of firearms is prohibited in and on public service facilities and property except as may be provided by resolution of the Board. E. No person or group shall exclude any other member of the public from County owned land, except as provided by lease, license or resolution by the Board. F. No person shall engage in any conduct in or on property where public services are provided which hinders, interferes with or prevents those employees from performing their duties. G. No person shall smoke or carry any lighted or electronic smoking instrument in any Deschutes County owned or occupied building, except as permitted by Deschutes County Smoke Free Policy. (Ord. 2020-005 & 1, 2020; Ord. 97-057 § 1, 1997; Ord. 96-013 § 1, 1996) 11.04.070. Alienation. Excentine conveyances sieved by the County _Pro perty Manager upon written authorization of the Coun Commissioners or the County Administrator, rino_County owned real _property,_ be sold, leased, - - Deleted: N _ J dedicated, licensed, donated, exchanged, encumbered or otherwise alienated except upon signature, authorization, order or ratification of the Board. (Ord 2020-005 $1, 2020; Ord. 96-013 § 1, 1996) 11.04.080. Violation -Penalty. Any violation or failure to comply with any provision of DCC 11.04, except DCC 11.04.030(B), is a Class A violation. (Ord. 2003-021 §24, 2003; Ord. 96-013 §1, 1996) �D eted:04 Deleted:03 Chapter 11.04 3 Chapter 11.08. EXCHANGE OF REAL PROPERTY 11.08.010. Purpose. 11.08.020. Definition -Cash. 11.08.030. Definition -Land. 11.08.040. Definition -Project. 11.08.050. Definition -Real Property. 11.08.060. Agreements to Exchange. 11.08.070. Resolution of Intent. 11.08.080. Notice. 11.08.090. Value of Land. 11.08.100. Specified Value. 11.08.110. Equalization of Value. 11.08.120. Order Authorizing Exchange. 11.08.130. Delayed Exchanges. 11.08.135. Alternative Initiation of Delayed Exchange. 11.08.140. Reverse Exchange. 11.08.150. Purchase of Debt Instruments. 11.08.160. Project Development. 11.08.170. Expenditure of Funds. 11.08.180. Tax Foreclosed Real Property. 11.08.010. Purpose. The purpose of DCC 11.08 is to provide procedures for the exchange of County owned land in accordance with ORS 271.340 and 275.060, et. seg ---------— - - Deleted: 100. ----- --------------------.... (Ord. 2020-005 & 1, 2020; Ord. 98-023 § 1, 1998) 11.08.020. Definition -Cash. "Cash" means money in the currency of the United States, contracts for the sale of real estate, notes and trust deeds, and other similar instruments, and the value of improvements to be constructed. (Ord. 98-023 §1, 1998) 11.08.030. Definition -Land. "Land" means real property as defined in DCC 11.08 (Ord. 98-023 §1, 1998) 11.08.040. Definition -Project. "Project" means real property to be acquired, the retirement of debt incurred in acquiring real property or the interdepartmental transfer of real property previously acquired by the County with funds budgeted in a county department fund. (Ord. 98-023 §1, 1998) 11.08.050. Definition -Real Property. "Real property" means the land itself, above or under water; all buildings, structures, improvements, machinery, equipment or fixtures erected, or to be erected, upon, above or affixed, or to be affixed, to the — -- same; all mines, minerals, quarries and trees in, under or upon the land; all water rights and privileges in any , Deleted: l0 Deleted: 01 Chapter 11.08 wise appertaining to the land; instream water rights; and any easement, estate, right, title or interest whatsoever in land or real property, less than the fee simple. (Ord. 98-023 § 1, 1998) 11.08.060. Agreements to Exchange. Prior to entering a resolution declaring the Board's intention to acquire land by exchange, the Board shall first enter into a non -binding letter of intent to exchange real property describing the real property sought to be acquired and exchanged, the parties responsible for payment of the expenses of appraisal, title examination, environmental investigation, unpaid real property taxes, liens and other transaction costs, and the date upon which the letter of intent shall expire. (Ord. 98-023 § 1, 1998) 11.08.070. Resolution of Lnjent. _ _ _ _ _ - 4 Deleted: i Whenever the Board enters into a non -binding letter of intent to exchange real property, the Board may adopt a resolution declaring its intention to make the exchange described in the non -binding letter of intent to exchange real property when it finds that it is to the best interest of the County to acquire real property by _ exchange. The resolution declaring the Board's intention to exchange real property may, but need not set a - Deleted: shalt public hearing on the matter at least thirty days _ from the date of the reso_lu_ti_on_. _ If held e public hearing_ _ _ Deleted: six weeks shall be for the purpose of hearing objections to the proposed exchange. Deleted: T (Ord. 2020-005 §1, 2020; Ord. 98-023 §1, 1998) 11.08.080. Notice. Notice of the intent to exchange and where scheduled, time and place of public hearing on a proposed exchange of real property shall be given by publication once each week for tww consecutive weeks in The_ , - Deleted: four Bulletin, a newspaper of general circulation in Deschutes County, Oregon. The last publication shall be at least seven days before the date of the hearing. The notice shall describe the land to be exchanged. (Ord. 2020-005 $1, 2020; Ord. 98-023 §1, 1998) 11.08.090. Value of Land. The value of land to be acquired by the County and exchanged by the County shall be determined pursuant to an appraisal of the fair market value of the land by a licensed real estate appraiser, evidence received by the Board at a public hearing, or the value of the project to be acquired as determined by cost estimates developed for the project using the cost of construction method. (Ord. 98-023 § 1, 1998) 11.08.100. Specified Value. The Board may enter into agreements with the State of Oregon, any municipal corporation or other public entity to exchange real property with values agreed upon by the parties when such values are supported by good and sufficient evidence. (Ord. 98-023 §1, 1998) 11.08.110. Equalization of Value. When finding that lands being exchanged are not of equal value, the Board may determine that any differences in value may be equalized by the payment of cash. Any cash received by the County shall be used to acquire other real property or improvements to real property described in the project identified in the order authorizing the exchange. (Ord. 98-023 § 1, 1998) Deleted: 10 _� D� t d_01 Chapter 11.08 2 (4M2W_,1 11.08.120. Order Authorizing Exchange. When the Board finds that the land is of equal value, including any cash offered in exchange, the Board may, upon fording that the exchange is to the best interest of the County, enter its order authorizing the exchange. If cash constitutes all or a part of the consideration to be received by the County, the order shall declare the project to be acquired with the cash. Prior to closing an exchange of land, the proceedings shall be reviewed by a competent attorney who shall review the proceedings for conformity with DCC 11.08 and _ ORS 271.340 and 275.OMandwho shall also approve -title to the land exchanged by each party._ All deeds_ - - -Deleted: 100 given or accepted by the County shall bear the order number authorizing the exchange. (Ord. 2020-005 §1, 2020; Ord. 98-023 § 1, 1998) 11.08.130. Delayed Exchanges. Where the Board has determined that it is to the best interest of the County to acquire land, the Board may exchange land for cash. The land to be acquired shall be of equal or greater value than the value of the cash to be received. Prior to exchanging land for cash, the Board shall endeavor where possible to identify and designate the project to be acquired with the proceeds of the exchange, and shall hold such proceeds for the purpose of acquiring the project. Such cash shall be deposited at interest in an account to be used exclusively for the project. (Ord 2020-005 § 1, 2020, Ord. 98-023 § 1, 1998) 11.08.135. Alternative Initiation of Delayed Exchange. The Board may initiate a delayed exchange prior to entering into an exchange agreement by adopting a resolution declaring its intention to make an exchange for cash and if known, declaring the project to be acquired with the cash. The cash received for a delayed exchange shall be not less than the value of the land. The procedures set forth in DCC 11.08 shall be applicable to a delayed exchange initiated pursuant to DCC 11.08.135. (Ord. 2020-005 § 1, 2020; Ord. 98-034 § 1, 1998) 11.08.140. Reverse Exchange. When it is to the best interest of the County to acquire real property available for sale, the County may do so prior to identifying a project. Such real property may subsequently be designated for a project. When designated for a project, the County department fund acquiring the real property shall be reimbursed the full cost of the acquisition of the real property. (Ord. 98-023 §1, 1998) 11.08.150. Purchase of Debt Instruments. The Board may authorize a County department fund to purchase a debt instrument received by the County, in whole or in part, in exchange for land. The cash money realized by the interdepartmental purchase of a debt instrument shall, where applicable, be designated for a project in the same manner in which cash is designated for a project under DCC 11.08. (Ord. 2020-005 § 1, 2020; Ord. 98-023 § 1, 1998) 11.08.160. Project Development. If land is exchanged for cash for a designated project, the proceeds of the exchange shall not be used for any other purpose. The Board may, upon abandonment or completion of a project for which the funds were segregated, identify a new designated project. (Ord. 98-080 §1, 1998; Ord. 98-023 §1, 1998) Deleted: 10 Deleted: 01 Chapter 11.08 11.08.170. Expenditure of Funds. Funds identified for a project must be fully expended for the project within twenty years of the date of the order authorizing the exchange. If funds for a project remain unexpended after twenty years, or are no longer necessary for the acquisition of the project or the repayment of debt incurred to acquire the project, the funds may be designated for a new project or distributed in accordance with ORS 275.275. (Ord. 98-080 §2, 1998; Ord. 98-023 §1, 1998) 11.08.180. Tax Foreclosed Real Property. Any real property of the County that was acquired by the County as a result of the foreclosure of ad valorem real property taxes or real property of the County acquired by the exchange of real property acquired by the County as a result of the foreclosure of ad valorem real property taxes may be used in whole or in part to acquire a project authorized by DCC 11.08. If the real property described in DCC 11.08.180 is used in whole or in part to acquire a project, the County shall set forth in its records when the project is acquired, the proportion of the project acquired with such property expressed as a percentage of the total acquisition cost of the project acquired by the exchange of real property described in DCC 11.08.180. (Ord.98-093 §1, 1998) Deleted: 10_ Deleted:01 Chapter 11.08 4 WJ202W Chapter 12.04. GENERAL PROVISIONS AND DEFINITIONS — FOR UTILITIES IN THE PUBLIC RIGHT-OF-WAY 12.04.010. Short Title. 12.04.020. Purpose. 12.04.030. Statutory Authority. 12.04.040. Editorial Revision. 12.04.050. Interpretation Of Provisions. 12.04.060. Definitions. (Ord. 2020-005 §1, 2020) 12.04.010. Short Title. Chapter _12 04 through 12.24 and amendments thereto may be collectively known as the,'Deschutes County Deleted: This t ue _. Road Utility Permit Ordinance." Deleted: (Ord. 2020-005 § 1, ZQZ Ord. 203-7 § 1.010, 1976) 12.04.020. Purpose. It is considered in the public interest for utility facilities to be accommodated on the rights of way of all County roads and Jocal access roads when such use and occupancy of the right of way do not interfere with Deleted: dedicated public roads the fi-ee and safe flow of traffic or otherwise impair the highway or its visual quality. In accordance with that determination and the provisions set forth in DCC 12.04.030, DCC 12.04 is adopted to provide a policy and procedure for such accommodation. (OlA 2020-005 §1, 2020. Ord. 203-7 §1.020, 1976) 12.04.030. Statutory Authority. The Board is authorized by ORS 374.305 through 374.330, 758.010 and 758.020 to adopt reasonable rules and regulations and to issue permits for the use of all County road and J., al access road rights of way by Deleted: dedicated public road public utility facilities, including privately owned lines. The United States Department of Transportation, Federal Highway Administration Regulations require regulation of such utility facilities occupying federal aid highway projects on County roads constructed after October 1, 1969, on a continuous basis in accordance with a satisfactory utility accommodation policy for the type of highway involved. (Ord. 2020-005 ltz . 2020; Ord. 2011-026 § 1, 2011; Ord. 203-7 § 1.025, 1976) 12.04.040. Editorial Revision. The County Legal Counsel may at any time direct such changes regarding currently maintained copies of DCC 12 and amendments as the legislative counsel is authorized to perform regarding acts of the Legislature, pursuant to ORS 173.160; provided, that such editorial revision be directed by written memorandum filed with the County Clerk, but subject to disapproval by the Board at its next regular meeting thereafter. (Ord. 2011-026 §1, 2011; Ord. 203-7 §1.060, 1976) 12.04.050. Interpretation of Provisions. A. The provisions of DCC 12 shall be liberally construed to effect the purposes set forth in DCC 12.04. Each provision requiring an applicant to furnish information shall be construed as intended to provide the County with all information which may be of assistance in evaluating the safety, utility, CD convenience, necessity and reliability of the applicant and its proposed facility. tea: to ,l De eted. I 1 Chapter 12.04 B. The provisions of DCC 12 are declared to be minimum requirements fulfilling the applicant's obligations and where any provisions of DCC 12 may be less restrictive than conditions imposed by any other provision of DCC 12, by and other law, rule or regulation of the County or another governmental unit, then the more restrictive shall apply. C. DCC 12 shall at all times be interpreted to be consistent with the County Comprehensive Plan. (Ord. 203-7 § 1.030, 1976) 12.04.060. Definitions. The following definitions apply whenever the indicated tern is used in DCC 12. Words used in the present tense include the future. Words used in the singular number include the plural and words used in the plural include the singular. The word "shall" is mandatory and not directory. "Administrator" means the Road Department Director or the Director's authorized representative. "Applicant" means a corporation, company, final, business, Municipal Corporation, partnership, individual or individuals named as such in the permit, together with their agents, employees, representatives, contractors, heirs and assigns. "Auxiliary lanes" means the portion of the roadway adjoining the traveled way for parking, speed change, turning, storage for turning, weaving, truck climbing, and other purposes supplementary to through -traffic movement. "Backfrll" means replacement of soil around and over a pipe. "Bedding" means organization of soil to support a pipe. "Board" means the Deschutes County Board of Commissioners. "Buried cable" means any and all cables, wires, conduits, pedestals or related fixtures authorized in the permit. "Bury" means the depth of the top of the pipe below grade of roadway or ditch. "Cap" means rigid structural element surmounting a pipe. "Carrier" means pipe directly enclosing a transmitted fluid, liquid or gas. "Casing" means a larger pipe enclosing a carrier. "Clear roadside policy" means the policy employed by a highway authority to increase safety, improve traffic operation and enhance the appearance of highways by designing, constructing and maintaining highway roadsides as wide, flat and rounded, as practical and as free as practical from physical obstructions above the ground, such as trees, drainage structures, massive sign supports, utility poles and other ground -mounted obstructions. "Coating" means material applied to or wrapped around a pipe. "Conduit" means an enclosed tubular runway for protecting wires or cables. "County" means Deschutes County, a political subdivision of the State of Oregon. "County road" means a public road under dICjurisdiction of county that has been desiLnatcd as_a County road under ORS 369,016 and maintained by_Deschutes Comity. "Cradle" means rigid structural element below and supporting a pipe. d ,h tb I Deleted: municipal corporation ' Deleted: means any public road maintained by the County. Direct burial means mstallmg a utilityfacii ty undergroun writ out encase , y p owing. _ _ _ D Deleted: 10 "District Attorney" means the District Attorney of the State of Oregon for Deschutes County. — Deleted: i t Chapter 12.04 2 «202 "Drain" means an appurtenance to discharge liquid contaminants from casings. "Duct" means a conduit as defined in DCC 12.04.060. "Encasement" means the structural element surrounding a pipe. 'Encroachment' means unauthorized use of highway rights of way or easements as for signs, fences, buildings, etc. "Facility" means the public or private utility that is installed within the public right-of-way. "Flexible pipe" means a plastic, fiberglass or metallic pipe having large ratio of diameter to wall thickness which can be deformed without undue stress. "Gallery" means an underpass for two or more pipelines. "Grounded" means connected to earth or to some extended conducting body which serves instead of the earth whether the connection is intentional or accidental. "Grout" means cement and sand mortar. "Highway" means a public way for purposes of vehicular travel, including the entire area within the right of way. "Jacket" means an encasement by concrete poured around a pipe. "Local Access Road" means any public street or road which is not maintained by the County but over which the County has jurisdictional authority. "Manhole" means an opening in an underground system which workmen or others may enter for the purpose of making installations, inspections, repairs, connections and tests. "New utility installations" means both the initial installation and replacement of existing facilities with those of a different type or the replacement at a new location. Any replacement of an existing facility or portion thereof with another of the same type at the same location shall be considered maintenance rather than new utility installation. "Normal" means crossing at a right angle. "Oblique" means crossing at an acute angle. "Overfill" means backfill above a pipe. "Pavement structure" means the combination of subbase, base course and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed. "Pipe" means a tubular product made as a production item for sale as such. Cylinders formed fiom plate in the course of the fabrication of auxiliary equipment are not pipe as defined in DCC 12.04. "Pipeline" means any and all pipelines, hydrants, valve boxes, manholes, conduits or related fixtures authorized in the permit. "Pole line" means any and all poles, wires, guys, anchors or related fixtures authorized in the pennit. "Pressure" means relative internal pressure in psig (pounds per square inch gauge). "Right of way" means land, property or interest therein, usually in a strip, acquired for or devoted to transportation purposes. "Rigid pipe" means a welded or bolted metallic pipe or reinforced, prestressed or pretensioned concrete pressure pipe designed for diametric deflection of less than one percent. me- eted: 10 Deleted: t 1 Chapter 12.04 "Road" means a highway as defined in DCC 12.04.060. "Roadside" means the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside. "Roadway" means the portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways. "Road construction project limits" means the entire construction area, whether inside or outside the right of way. "Semi rigid pipe" means a large diameter concrete or metallic pipe designed to tolerate diametric deflection up to three percent. "Sidefill" means backfill alongside a pipe. "Slab (floating)" means a slab between but not contacting pipe or pavement. "Sleeve" means short casing through pier or abutment of highway structure. "Special provisions" means those provisions, shown under the heading "Special Provisions" in the permit. In Deleted: provisions shown all cases of conflict between the special provisions and general provisions, the special provisions shall have precedence. "Street" means a highway as defined in DCC 12.04.060. "Structure" means any bridge, box culvert, culvert pipe, storm sewer pipe, catchbasin or manhole. "Traveled way" means the portion of the roadway for the movement of vehicles, inclusive of shoulders and auxiliary lanes. "Trenched" means installed in a narrow open excavation. "Untrenched" means installed without breaking ground or pavement surface, such as by jacking or boring. "Use and occupancy agreement" means the document by which the highway authority regulates and/or gives approval of the use and occupancy of highway rights of way by utility facilities or private lines. "Utility" means a public utility, as defined in ORS 757.005, or a telecommunications utility or competitive telecommunications provider, as those terns are defined in ORS 757.005. "Vent" means an appurtenance to discharge gaseous contaminants from casings. "Walled" means partially encased by concrete poured alongside the pipe. (Ord. 2020-005 &1, 2020; Ord. 2011-026 §1, 2011; Ord. 95-035 §1, 1995; Ord. 203-7 §§1,500-1.950, 1976) Deleted: io Deleted_t I Chapter 12.04 4 Chapter 12.08. PERMIT PROCEDURES FOR UTILITIES W ITHIN THE PUBLIC RIGHT- _ , Deleted: -.WORK OF -WAY 12.08.010. Permit -Application Required. 12.08.020. Application -Exhibit Maps. 12.08.030. Permit -Approval and Issuance. 12.08.040. Board Review. 12.08.050. Permit -Termination Conditions. 12.08.060. Civil Rights Act Provisions. 12.08.070. Permit -Rights Granted. J , - Deleted: 12.08.080.. Permit and Application Forms. --- c ------------- 10rd. 2020-005 ` 1, 2020.) - - - - - - - - - - - - - - - _, - - - - - - - - - - _ - - - - - _ - - ._ T - - Deleted: 12.08.090.. Limited Permit and Application Form.¶ - - - - t2.08.100.. Annual Permit and Application Form.¶ fDReleted: Ord. 2018-001, §l, 2018 _ 12.08.010. Permit -Application Required. Application for a permit for work in the right -of --way under DCC 12 shall be made to the Road Department, using the permit approved by the Administrator. One copy of the form shall be submitted and the Administrator may require additional information such as engineered drawings. when the Administrator ------- - -- - -- . - - Deleted: deems it necessary or convenient to a decision upon the permit. _ (Ord. 2020-005 1 202(L Ord. 2013-013§1, 2013; Ord 2011-026 §2, 2011; Ord. 95-035 § 1, 1995; Ord.__ - . -f e eted: Ord. 20187-0012 §1, 20187 203-7 §5.510, 1976) 12.08.020. Application -Exhibit Maps. The application form shall be accompanied by an exhibit map/engineered drawin>?s unless waived by the Administrator. The exhibit maps/engineered dlawinQs shall be done in accordance with DCC 12.16.150. Ord. 2020-005 ' 1, 2020;, Ord. 2011-026 '2, 2011; Ord. 203-7 5.520, 1976 _ _ _ _ _- - - Deleted: Ord. zo187-0012 §1, zo187 12.08.030. Permit -Approval and Issuance. The Administrator shall review the application for conformance with DCC 12.08, shall add any special provisions considered necessary or appropriate, and if it complies with the provisions of DCC 12.08, including the policy considerations set forth in DCC 12.20, may approve and issue the completed permit. (Ord. 203-7 §5.530, 1976) 12.08.040. Board Review. If the permit is denied by the Administrator or if the special provisions imposed are unsatisfactory to the applicant, or in any case referred by the Administrator, at the request of applicant or Administrator the Board may review the application for permit. The Board's decision thereon shall be final and subject only to review pursuant to ORS 34.010. (Ord. 2011-026 §2, 2011; Ord. 203-7 §5.540, 1976) Chapter 12.08 Deleted: 057 ' rr---- ---- .. __� Deleted:l3 (j_4202-W_'. 12.08.050. Permit -Termination Conditions. A permit once issued shall terminate as follows: _— A, Failure of the applicant within a reasonable time after written notice from iaor to comp om the Admnistrtly with any of the terms and conditions of the permit shall be sufficient cause for immediate cancellation of the permit. B. The permit and privileges granted and the obligation of the permittee created thereby shall be binding upon the successors and assigns of the permittee. The permittee shall give the Administrator written notice of any such assignment or transfer within a reasonable time thereafter. C. If the applicant fails to commence work on the project covered by the permit within 30 days fi_om the - - -4 Deleted: proiect covered date the pennit is issued, such permit shall be deemed null and void and all privileges thereunder forfeited, unless a written extension of time is obtained from the administration. (Ord. 2020-005 § 1, 202Q Ord. 201 I-026 §2, 2011; Ord. 203-7 §5.550, 1976)_ _ _ _ _ _ ._ _ _ _ - - Deleted: Ord. 20187-0012 1, 20187 12.08.060. Civil Rights Act Provisions. In those instances where the section of County road covered by the permit is part of a federally assisted highway and the permit covers utilities which do not come under the provisions of ORS 758.010 and 758.020, the applicant and his contractors shall agree to comply with the provisions of Title VI of the Civil Rights Act of 1964. (Ord. 203-7 §5.570, 1976) 12.08.070. Permit -Rights Granted. Nothing in the permit is intended to grant rights or imply approval in areas not falling within the authority and jurisdiction of the County. It is the responsibility of the applicant to determine the need for and to obtain such licenses, permits or other forms of approval which may be required by state agencies, federal agencies, cities, municipal corporations, utility companies, railroads or private property owners. (Ord. 2011-026 §2, 2011; Ord. 203-7 §5.580, 1976) ---- - - -- -. .... _--- — -- Sections 12 08 080 and 12 08 090 Repealed: Ord 2020-005 § 1, 202(� .......... ....-----... _. , 12 08 100 Repealed Ordinance 2011-026 §2, 2011 r , Deleted: 12.08.080. - Permit and Application Forms.¶ All applications made and permits issued under DCC 12.08 shall be in substantially the following form, as set out in DCC 12.08.090 DCC 12.08.100. ¶ (Ord. 203-7 §5.590, 1976)11 12.08.090. - Limited Permit and Application Form.¶ The contents of the limited permit and application form are set out at the end of DCC 12.08. ¶ (Ord. 203-7 §5.591, 1976)11 _ Deleted: Ord. 20187-0012 §1, 20187 Deleted_057 /rDeleted:13 Chapter 12.08 2 0-42Q2-W_✓ Chapter 12.12. ADMINISTRATIVE PROVISIONS RELATING TO UTILITIES IN THE PUBLIC RIGHT OF WAY 12.12.010. Applicability. 12.12.020. Authority. 12.12.030. Allocation of Costs. 12.12.040. Reimbursement of Expenses. 12.12.050. Reimbursement for Damage. 12.12.060. Hold Harmless Agreement. 12.12.070. Protective Measures. 12.12.080. Traffic Interference Restrictions. 12.12.090. Traffic Control and Safety Devices. 12.12.100. Inspections Necessary. 12.12.110. Supervision and Control. 12.12.120. Decisions of the Board. 12.12.130. Insurance. 12.12.140. Bond or Cash Deposit Required. (Ord. 2020-005 K 2020) 12.12.010. Applicability. DCC 12.12 shall apply to all public and private utilities, including electric power, �,;ommunications, Deleted: telephone, telegaph television, water, gas, oil, petroleum products, steam, chemicals, sewage, drainage, irrigation and similar lines and.structures that are to be located, adjusted or relocated within the right of way of County roads or focal access roads.. No such utility facility shall be constructed or, relocated upon any County road right of Deleted: dedicated public roads way orlocal access road rig h of way, without first obtaining a permit applied for and issued in accordance Deleted: (vocal access Roads) with DCC 12.12. Deleted: dedicated street (Ord 2020-005 $1, 2020- Ord. 203-7 §2.010, 1976) 12.12.020. Authority. Wherever DCC 12 provides for review, decision or action by the Board, the authority is delegated to the Administrator subject to review by the Board and to be exercised in accordance with the policies set forth in DCC 12.16 and for this purpose the Administrator is designated as the authorized representative of the Board. However, only the Board sitting in regular ,scssion may exercise the authority provided in DCC Deleted: session, 12.08.040, 12.08.050(A) and 12.12.130. (Ord. 203-7 §2.020, 1976) 12.12.030. Allocation of Costs. The entire cost of installing, maintaining, repairing, operating or using the pole line, buried cable or pipeline and of any other expense whatsoever incident to the facilities or operations authorized by the permit shall be paid by the applicant. (Ord. 203-7 §2.100, 1976) 12.12.040. Reimbursement of Expenses. The applicant shall, in addition to DCC 12.12.030, reimburse the County for any reasonable and necessary expenses that the County may incur in connection with the facilities or operations authorized by the permit, including but not limited to the actual cost of inspection by County personnel. The reimbursement shall be Deleted: to made by the applicant within 30 days after receiving a statement therefor from the County. Deleted: Ol Chapter 12.12 (Ord. 203-7 §2.101, 1976) 12.12.050. Reimbursement for Damage. The applicant when billed by the County, shall pay the current market value for any existing forest products on any land belonging to the County which are damaged or destroyed as a result of operations authorized by the permit. (Ord. 203-7 §2.102, 1976) 12.12.060. Hold Harmless Agreement. A. The applicant shall indemnify and hold harmless the County, the Board, the members thereof, and all officers or employees of the County against any and all damages, claims, demands, actions, causes of action, costs and expenses of whatsoever nature which may result fiom any injury to or the death of any persons or from the loss of or damages to property of any kind or nature, including the County, road and County road facilities or structures, property or equipment used or owned by the County, and facilities which now or may hereafter occupy the right of way of the County road, when such injury, death, loss or damage arises out of the construction, installation, maintenance, repair, removal, relocation, operation or use of the pole line, buried cable or pipeline authorized by the permit. B. The County, its officers or employees shall not be held responsible or liable for injury or darnage that may occur to facilities covered by the permit or any connection or connections thereto by reason of County road maintenance and construction operations or resulting from motorist or road user operations, or County road contractor or permittee operations. (Ord. 203-7 §2.200, 1976) 12.12.070. Protective Measures. During the initial installation or construction of the facilities authorized by the permit, or during any future repair, removal or relocation thereof, the applicant shall at all times maintain such flagmen, signs, lights, flares, barricades and other safety devices as the Administrator may reasonably deem necessary to properly protect traffic and the general public upon the County road, and to warn and safeguard the public against injury or damage. The applicant shall maintain such signs, lights, flares, barricades, and other safety devices during nonwork hours and the Administrator may request and be furnished the telephone number and address of the person in charge of such maintenance. (Ord. 203-7 §2.210, 1976) 12.12.080. Traffic Interference Restrictions. The applicant shall so conduct his operations that there will be a minimum of interference with or interruption of traffic upon and along the County road. Except in emergencies there shall be no interference with or interruption of traffic upon and along the County road until a plan for the satisfactory handling of traffic has been worked out and approved by the Administrator. In emergencies the applicant shall notify the Administrator as soon as practicable. (Ord. 203-7 §2.250, 1976) 12.12.090. Traffic Control and Safety Devices. All traffic control and safety devices used for protection of the work areas shall conform to the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the Federal Highway Administration. (Ord. 203-7 §2.251, 1976) -- �� Deleted: 10 Deleted: of Chapter 12.12 2 UN32 12.12.100. Inspections Necessary. To insure compliance with the terms and conditions of the permit, the County reserves the right to inspect the job during such periods as the Administrator deems necessary, to check compliance with the terms of the permit by the applicant, and to require the applicant to correct all deviations from those terns and conditions. The cost of the first inspection will be borne by the County, and additional required inspections shall be paid by the applicant under the terms outlined in DCC 12.12.040. (Ord. 203-7 §2.270, 1976) 12.12.110. Supervision and Control. Any supervision and/or control exercised by the Administrator shall in no way relieve the applicant of any duty or responsibility to the general public nor shall such supervision or control relieve the applicant from any liability for loss, damage or injury to persons or property as provided in DCC 12.12.060. (Ord. 203-7 §2.275, 1976) 12.12.120. Decisions of the Board. The decision of the Board shall be final with respect to any of the conditions, terns, stipulations and provisions of the permit. This shall not foreclose applicant's right of appeal. (Ord. 203-7 §2.299, 1976) 12.12.130. Insurance. The applicant or his contractor shall obtain and carry, for the period of time required for the complete installation of the facilities authorized by the permit, including the repair and restoration of the County road facilities, and also during such future periods of time when operations are performed involving the repair, relocation or removal of such facilities authorized by the permit, a liability and property damage insurance policy or policies providing the coverage against any claim, demand, suit or action for property damage, personal injury or death resulting fiom any activities of the applicant, his officers, employees, agents or contractors in connection with the construction, installation, repair or removal of the facilities authorized by the permit and the repair and restoration of the County road facilities, and the policy or policies, in addition, shall include as named insureds the County, Board and members thereof, its officers, agents and employees. The insurance shall provide coverage in amounts required by the County„,The insurance policy or policies _ _ — Deleted: shall be in an insurance company duly authorized and licensed to do business in the state. A copy of the Deleted:.vhich shall normally be $100,000.00 for property policy or policies, or a certificate evidencing the same, shall be submitted to the Administrator and approved damage resulting from any single occurrence, and $100,000.00 for by him before any work is commenced under the permit. the death or injury of person, subject to a limit of $300,000.00 for (Ord. 2020-005 1, 2020; Ord. 203-7 §2.300, 1976 ) injuries or deaths resulting from any single occurrence; provided, that such requirements may be modified as to any permit by specific order of the Board so declaring. 12.12.140. Bond or Cash Deposit Required. A. In order to assure full and faithful compliance with all of the terns, conditions and obligations of the permit agreement, the Administrator may require the permittee or his contractor to furnish for the period of time required for the complete installation of such facility, including the repair and restoration of the highway facilities, and, also, during such period of time when future maintenance may be performed upon the facility, a bond or cash deposit in the amount specified in the permit. If a bond is furnished it must be written by a surety company duly qualified and licensed to do business in the state and in a form satisfactory to the Administrator. No work shall be commenced under the permit agreement until the bond has been submitted to and approved by, or the cash deposit has been received by the Administrator. --- -- —- Deleted: 10 Chapter 12.12 B. In lieu of posting a cash deposit, the permittee or his contractor may file an assignment agreement form assigning his savings account with a federally licensed savings institution in an amount equal to the required cash deposit, with the Administrator. Alternatively, in lieu of posting a cash deposit, the Deleted: County Roaamastei pennittee may deposit with the ldnumstrator a certified check payable to the County road fund drawn Deleted: County Roadmaster on a federally insured bank in an amount equal to the required cash deposit. C. The amount of the deposit shall be that necessary to restore the affected area of the roadway to a safe and serviceable condition at least as good as it was in before it was cut. Unless the administrator Deleted: Roadmaster requires a greater sum, based on unusual conditions, the amount of deposit required forayement cuts Deleted: a cut across a paved road shall be defined in the County fbe schedules Deleted: $300.00750.00 D. The bond, deposit or surety agreement shall guarantee that the roadway surface shall be repaired within 24 hours after completion of backfillin the last onion of the roadway cut. It shall further provide that P g P Y 1r Deleted: Fora cut across a unpaved road or alongside any I roadway, the deposit snail be $2.00 per lineal foot of cut. These in the event the repairs are not completed within the time limit set forth in DCC 12.12, the amounts may be changed to reflect fluctuations in construction dnlintstratgr may repair the road to his reasonable satisfaction in accordance with the standards of this ny order oP the hoard title and the standard specifications for design and construction of the County Road Department with Deleted: County Roaamaster County forces, or at his option, by letting a public contract, and recover the costs of such repair from the surety or deposit without notice or demand on the pennittee. (Ord. 2020-005 & 1, 2020; (Part) of amendment to Ord. 203-7, dated 11/19/79; Ord. 203-7 §2.400, 1976) Deleted: 10 - — � Deleted:01 Chapter 12.12 4 (j-4202W_''� Chapter 12.16. UTILITY POLICY GUIDELINES AND VARIANCES 12.16.010. Determinations. 12.16.020. Private Lines Permitted When. 12.16.030. Location and Construction Controls. 12.16.040. Utility Lines -General Considerations. 12.16.050. Special Considerations -Pipelines. 12.16.060. Special Considerations -Underground Electric Power and Communication Lines. 12.16.070. Special Considerations -Overhead Power and Communication Lines. 12.16.080. Relocation of Existing Facilities. 12.16.090. Scenic Enhancement. 12.16.100. Attachments to Structures. 12.16.110. Attachments to Bridges -Loads. 12.16.120. Variances -Generally. 12.16.130. Variances -Residential and Business Areas. 12.16.140. Variances and Procedures. 12.16.150. Exhibit Map -Contents. 12.16.160. Exhibit Map -General Information. 12.16.170. Exhibit Map -Pipelines and Buried Cable. 12.16.180. Exhibit Map -Aerial Pole Lines. (Ord. 2020-005 §1, 2020) 12.16.010. Determinations. In determining the locations where and the conditions under which utility facilities and private lines will be allowed to occupy County road rights of way, the provisions of DCC 12.16 apply in conjunction with the appropriate general provisions of DCC 12 and such special provisions as may be imposed. When acting as the authorized representative of the Board, these guidelines shall be followed by the Administrator. (Ord. 203-7 §4.000, 1976) 12.16.020. Private Lines Permitted When. Privately owned lines are allowed to occupy a County right of way only when there is no other feasible location for the facility involved. (Ord. 203-7 §4.005, 1976) 12.16.030. Location and Construction Controls. The following general and special considerations supplement those set forth in DCC 12.20. (Ord. 203-7 §4.100, 1976) 12.16.040. Utility Lines -General Considerations. A. Utility lines should be located to minimize need for later adjustment to accormmodate future road improvements and to allow servicing such lines with minimum interference to highway traffic. B. To the extent feasible and practicable, crossings of the County road should be on a line generally normal (90 degrees) to the road alignment. C. All utility installations on, over or under the County road right of way and attachments to road structures shall be of durable materials and designed for long service life expectancy and relatively fi•ee — fiom routine servicing and maintenance. oeleted: to — Chapter 12.16 1 Deleted: (1_42QW / / Provisions for future expansion of utility facilities so as to minimize hazards or disruptions of traffic during future installations is encouraged. E. All_utility installations within the right of.way, bodt,public and private service are required to include the installation of a locate wire, Deleted:. (Ord. 2020-005 § 1, 2020; Ord. 203-7 §4.110, 1976) 12.16.050. Special Considerations -Pipelines. In the case of pipeline permits: A. The minimum depth to the top of the pipe will be 30 inches from the ground line or top of wearing surface and 30 inches from bottom of road drainage ditch line, pepth may be increased when warranted ', Deleted: is required and these distances should by conditions such as possible increases in ditch depths from scouring or road maintenance, clearance of existing drainage structures or other utilities, code requirements, etc. All pipelines shall be located under drainage structures or under drainage ways except that pipelines may be attached to bridges at locations specified by the Administrator. B. Longitudinal installations should be located on a uniform alignment outside of the normal maintenance operating area (beyond ditch or curbline) and as near the right of way line as terrain and existing utilities will reasonably allow, but upon older road with narrow rights of way underground facilities may be allowed in the shoulder area if there is no other feasible location. C. Where a buried crossing is sought: I. To expedite insertion, removal or replacement of carrier pipes, to protect carrier pipe from external loads or shock, and to cant' leaking fluids or gases away from the roadway, it is considered desirable to place pressure pipeline crossings of the County roads in conduit or casing pipe. Exceptions may be made for coated and/or cathodic protected steel pipe placed by the trenching method, ductile iron pipe and other durable type pipe having a long term life expectancy, leak proof joints and capable of withstanding the external loads applied through the use of the roadways. Coated pipe placed by the boring or jacking method should be placed in a casing pipe unless the coating is of a type resistant to abrasions. 2. Casing pipe should extend a minimum of two feet beyond the slope, ditch or curbline. When sealed and vented, vents shall be located outside the maintenance operating area, preferably at the right of way line. 3. When no casing pipe is specified, one grade heavier wall thickness than normal may be required as a precautionary treasure. 4. Conditions which are generally unsuitable or undesirable for underground crossings should be avoided. These include locations such as in deep cuts, near footings, bridges and retaining walls, across intersections at grade, at cross drains where flow of water drift or stream bed load may be obstructed, and in wet or rocky terrain where it is difficult to obtain minimum bury. (Ord. 2020-005 &1, 2020; Ord. 203-7 §4.120, 1976) 12.16.060. Special Considerations- Underground Electric Power and Communication Lines. In case of permits for underground electric power and communication lines: A. All lines installed in ducts or multiple duct systems are subject to the same controls as pipelines. B. Power and communication cable placed by the direct burial (ploughing) method shall be subject to the following controls: 1. Longitudinal installations shall be located inside the roadbed section only if the terrain is such that a cable installation outside the ditch line would be extremely difficult and costly, or if the section of road traverses a scenic area where an overhead installation would detract from the aesthetic values. 2. When allowed in the roadbed section, longitudinal buried cable shall be placed a uniform distance _ from the pavement edge as near the outside edge of the ditch as possible without interfering with Deleted: ro drainage facilities. In no case shall it be less than one foot from the pavement edge. Deleted: or Chapter 12.16 3. When located outside the roadbed section, the cable shall be placed as near the right of way as possible while maintaining a generally uniform distance from the highway centerline or right of way line so as to be easily identified by warning signs. 4. The minimum depth for communication cables shall be 24 inches. The minimum depth for power cables shall be 30 inches. Under no circumstances shall the depth of power cable be less than 30 inches unless contained in conduit pipe or equivalent protective covering. 5. All crossings shall be contained in conduit placed in the same manner and under the same controls as required for pipelines, except: communication cable may be installed without conduit when soil conditions will allow installation by boring a hole approximately the same diameter as the cable and pulling the cable through. 6. Direct burial of power and communication cable under the same ploughing operation will require issuance of a separate permit to each utility company or one permit issued jointly and executed by each company. (Ord. 203-7 §4.130, 1976) 12.16.070. Special Considerations -Overhead Power and Communication Lines. In case of permits for overhead power and communication lines longitudinal installations: A. Limited to single -pole type of construction with joint use encouraged in all instances. Only one pole line on each side of the road is permitted. B. Subject to terrain limitations, poles should be located approximately one foot fiom the right of way line unless protected by a retaining wall, guardrail, steep slope, deep ditch, or the like, or located so as not to encroach on the roadside area. 1. Location behind guardrail shall be a minimum of five feet from its face. 2. All overhead power and communication lines which are constructed parallel to the roadway shall be located downstream of bridges when crossing any stream that is prone to carry debris during flooding conditions. Overhead roadway crossings shall be constructed a minimum of 50 feet from the ends of any bridge. 3. Location on a cut -slope shall be the minimum horizontal distance from centerline required to place the base of the pole at least five feet above the elevation of the top of the roadway. 4. Variance as required to maintain a reasonable uniform pole alignment will be allowed where irregularly shaped portions of the right of way extend beyond the normal right of way limits. 5. ___Locauon from edge of' travel lane (fog fine) shall be_a minimum of 10 feet ,unless otherwise approvcd_by,thc Admlmstrator, C. Guy wires to ground anchors and stub poles and other related ground -mounted appurtenances should not be placed between a pole and the traveled way where they encroach upon the clear roadside area unless they are protected as in DCC 12.16.070(B). D. Excepted from these controls are poles or other ground -mounted appurtenances required for roadway lighting and other traffic control devices. Such poles and appurtenances shall be of breakaway design serviced by underground cable. E. On sections of County roads traversing business or residential areas having a posted or statutory speed limit of forty miles per hour or less, controls will of necessity be governed by roadside development, however, all poles and ground -mounted appurtenances shall be located as far as practical behind the curb or outside the shoulder and/or parking area if there is no curb. F. When two or more utilities jointly occupy the same pole or poles, each occupant may obtain a separate permit, or a joint permit may be issued and executed by each company. Identification of the pole owner should be contained in the permit application. G. All crossings of the traveled portion of the highway including service drops shall be maintained at a minimum height of 18 feet as measured from the highest point of the traveled way under the crossing. oeleted: l o (Ord 2020-005 § 1, 2020; Ord. 203-7 §4.140, 1976) �-- neleted: Ol Chapter 12.16 12.16.080. Relocation of Existing Facilities. A. Existing pipelines, pole lines, power or communication cables or other facilities or appurtenances within the limits of a road construction project shall be relocated in plan and/or grade to conform to the requirements of a new installation. All facilities shall be relocated to a minimum of two feet clear of the proposed roadway neat lines and a minimum of two feet clear of all proposed structures. B. Any departure from the above described minimum clearances will be allowed only upon approval of a written request for deviation accompanied by a statement describing why such clearances cannot reasonably be met and a drawing showing the proposed alternate to the two -foot clearance requirement. C. The County will require the contractor to make a documented request of the utility company to locate and field mark any affected underground facilities 24 hours in advance of digging. D. The utility company or operator will be required to mark such facilities„per state_iules., Deleted: within a two -foot t11 olerance. E. The County will require the contractor to refrain from digging or otherwise disturbing the earth within Deleted: per locate taw OAR 952 two feet of any such field marker, except in the presence of a utility representative, when required by the utility company. Such representative shall be assigned by the utility company and shall be on the job site at the appointed time. F. The utility company will be required to field mark their facilities for the contractor, without reimbursement from the contractor, one time only. (Ord. 2020-005 ' 1 2020. Ord. 203-7 §4.150, 1976) 12.16.090. Scenic Enhancement. A. The controls specified in DCC 12.16.090 may apply only to active federal or federal aid highway projects, and those sections of County roads where federal or federal aid funds have been expended after October 1, 1969, for the construction or improvement of the road or related facilities or for the acquisition of rights of way, including highway beautification projects. B. No new utility installations are allowed within scenic strips, overlooks, rest areas, recreation areas, the County road rights of way adjacent thereto, or on County road rights of way passing through public parks and historic sites as described under section 138, Title 23, U.S.C., when such areas or rights of way were acquired or improved with federal highway or federal aid highway funds, except as follows: 1. Underground utility installations which do not require extensive removal or alteration of trees visible to the highway user or impair the visual quality of the area. 2. Aerial pole lines if it can be established that: a. Other locations are not available or are extremely difficult and unreasonably costly or are less desirable from the standpoint of visual quality; b. Underground installations are not technically feasible or are unreasonably costly; c. The proposed installation will be made at a location and will employ suitable designs and materials which give the greatest weight to the visual qualities of the area being traversed. Suitable designs will include, but are not limited to, self-supporting, armless, single pole construction with vertical configuration of conductors and cable. 3. Utilities located on County road right of way on the side opposite the above described areas when the right of way is adjacent to rather than passing through such areas. C. The provisions of DCC 12.16.090 also apply to utility installations that are needed for road or highway purposes, such as highway lighting, service to a weigh station or rest or recreational area. (Ord. 203-7 §4.200, 1976) Deleted: t0 Deleted:01 Chapter 12.16 4 UMZWJ/ 12.16.100. Attachments to Structures. Attachment of pipelines, electric power or communication lines to structures should be avoided where it is feasible and reasonable to locate elsewhere, particularly in the case of timber structures which are subjected to frequent and extensive maintenance by replacement of various bridge components. (Ord. 203-7 §4.300, 1976) 12.16.110. Attachments to Bridges -Loads. Attachment to bridges which are adequate to support the additional load and accommodate the utility without compromise of highway features, including reasonable ease of bridge maintenance, will be permitted with the following controls: A. If utility holes in crossbeams or other areas are provided, utilities shall occupy these areas. B. If there are no such provisions, the utility may be carried on suitable padded or coated rollers, saddles or hangers attached to the structure between the outside beams or girders in a location which will not affect the vertical clearance. 1. Hanger or roller attachment shall be by means of suitable inserts or clamps and shall not be bolted to or through the bridge floor. 2. Adequate provision for expansion or contraction shall be provided. C. Attachment to the exposed area along or below the parapet or railing is only permitted when it is not feasible to attach to an interior location. Exposed attachments will be allowed only on the downstream side of bridges. When appropriate pipe or conduit exposed to view shall be painted to blend with the structure. D. Pipes or conduits carried through concrete abutments shall be contained in sleeves and tightly sealed with mastic. When carried through timber bulkheads, the cut timber edges shall be treated with creosote or its equivalent and the bulkhead restored to the equivalent of its original condition by splicing. E. The utility shall be aligned outside the roadway at each end of the structure in as short a distance as operationally practical. F. Communication and electric power cable attachments shall be suitably insulated, grounded and carried in protective conduit from the point of exit from the ground to reentry. G. All pipe conduit and supporting hardware shall be protected against corrosion. H Design is to tie done by Licensed t ngincer and drawings will, be submitted to the Road "partment fjoi, approval prior to installation. (Ord. 2020-005 § 1, 2020; Ord. 203-7 §4.300, 1976) 12.16.120. Variances -Generally. The controls outlined in DCC 12.16 are intended as guidelines. Variances by the Administrator may be granted for an individual permit when it can be shown such variation is economically justified and will not adversely affect the integrity of the County road, its maintenance, efficiency and the safety of the road user. (Ord. 203-7 §4.500, 1976) 12.16.130. Variances -Residential and Business Areas. It is recognized that the controls outlined in DCC 12.16 cannot be logically applied to many sections of road functioning as city sheets serving developed residential and business areas. On such sections, utility location and installation details will be determined on an individual basis taking into consideration utility systems, roadside development, minimum disruption of road and street facilities and traffic and other Deleted: 10 controlling factors. Deleted: 01 —� Chapter 12.16 5 (Ord. 203-7 §4.510, 1976) 12.16.140. Variances and Procedures. Requests for a variance involving sections of County road: A. Upon which federal aid highway funds have been expended after October 1, 1969, or are programmed for expenditure, must be in writing and contain supporting data in justification. They should be submitted through the Administrator for review and approval by the current Federal Highway Administration directives; B. Upon all other roads, may be approved by the Administrator. (Ord. 203-7 §4.520, 1976) 12.16.150. Exhibit Map/Ot itree!Led Drawik 9�-Contents. The exhibit map/ c grocer cl_c(1 awings should_ adequately detail the proposed facility to the satisfaction of the Deleted: E i _ Administrator. The data may be resented b y a set of (an/ rofile sheets stamped ' y p y p_ p by a licensed engineer or Deleted: D in the case of a short simple crossing, by a rough sketch and description at„ the discretion of the Deleted: plan of profile with appropriate notes Administrator. The exhibit map should include, but not be limited to, the following information set forth in - DCC 12.16.160, 12.16.170 and 12.16.180. (Ord. 2020-005 § 1, 2020. Ord. 203-7 §4.710, 1976) 12.16.160. Exhibit Map -General Information. The exhibit map should disclose: A. The section, township and range; B. The County road name or names; C. The name of the applicant. (Ord. 203-7 §4.711, 1976) 12.16.170. Exhibit Map -Pipelines and Buried Cable. When a permit is sought for pipeline or buried cable, the gxhiblt m engine, el ed drawings should disclose: Deleted:. exhibit rnap A. Limits of longitudinal installation and distance from existing roach centerline and rights of way line; B. Location and angle of crossings of the County road; C. Type and size of the pipe or cable; D. Design or test pressure and maximum operating pressure for pressure pipelines; E. Type and size of conduit or casing pipe, location and lengths to be used; F. Minimum depth of burial under roadway and outside roadway area; G. Method of installation for crossings; H. Location and attachments details if to be carried upon County road, bridge or structure. (Ord. 2020-005 S 1, 2020; Ord. 203-7 §4.712, 1976) 12.16.180. Exhibit Map -Aerial Pole Lines. When a permit is sought for aerial pole lines, and the exhibit map has not been waived, the exhibit map should disclose: A. Limits of longitudinal installation and location and angle of crossing; B. Location of poles or related ground -mounted appurtenances in relation to road centerline and right of way line; C. Minimum vertical clearance over roadway. (See DCC 12.16.070(G).) (Ord. 203-7 §4.713, 1976) Deleted: t0 i Deleted:01 Chapter 12.16 6 (14202-W'' / Chapter 12.20. SPECIFICATIONS FOR UTILIT) LOCATION, CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR, RELOCATION AND REMOVAL 12.20.010. Maps and Drawings. 12.20.020. Standards of Work. 12.20.030. Depth. 12.20.040. AC-Transite Pipe. 12.20.050. Corrugated Metal Pipe and Concrete Pipe. 12.20.060. Plastic Pipe. 12.20.070. Locator Wire for Nonmetallic Pipe. 12.20.080. Trench Width. 12.20.090. Backfilling. 12.20.100. Crossing Under Surface. 12.20.110. Open Cutting-Backfill, Resurfacing. 12.20.120. Burying of Cable. 12.20.130. Pedestals and Meters. 12.20.140. Cleanup. 12.20.150. Restoration of Surface -Repairs. 12.20.160. Maintenance and Operation. 12.20.170. Warning Signs. 12.20.180. Trees and Shrubs. 12.20.190. Removal, Relocation or Repair -Required When. 12.20.200. Removal, Relocation or Repair -Notice. 12.20.210. Removal, Relocation or Repair -Bond. 12.20.220. County Removal, Relocation or Repair -Conditions &td Costs. _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ , - Deleted: 12.20.230. Removal, Relocation or Repair -Recovery of Attorney's Fees. (Ord. 2020-005 § 1, 2020) 12.20.010. Maps and Drawings. The applicant's completed facility shall be in substantial conformance with permit exhibit maps or engineered drawings unless special permission is obtained from the Administrator to vary from the same during installation. When such permission is obtained, the applicant shall furnish the Administrator a set of "as constructed" maps or drawings detailing any such variance within 30 days of completion of the installation. (Ord. 2020-005 S 1, 2020; Ord. 2011-026 §3, 2011; Ord. 2001-016 §2, 2001; Ord. 203-7 §3.050, 1976) 12.20.020. Standards of Work. All work in connection with the facility authorized by the permit shall be done in a neat and workmanlike manner to the entire satisfaction of the Administrator, and the details of construction of the same shall conform to the established rules and regulations now in effect or which may hereafter be put in effect by the Public Utility Commissioner of the state, the Oregon State Board of Health, or other governmental agencies having regulatory authority over such facility. (Ord. 203-7 §3.100, 1976) 12.20.030. Depth. The buried cable or pipe depth shown on the permit form represents the distance from the top of the surface or ground line to the top of the cable or pipe. Deleted: to _ Deleted:ll Chapter 12.20 1 (Ord. 203-7 §3.630, 1976„ Deleted:)9 12.20.040. AC-Transite Pipe. AC-transite pipe, fittings and components shall conform to the appropriate and current ASTM or AWWA Specifications written for the specific type of usage that the pipe will receive. Nonpressure pipe crossing a roadway will be a Class 2400 minimum. Pressure pipes crossing a roadway will be enclosed in an approved casing pipe. (Ord. 203-7 §3.170, 1976) 12.20.050. Corrugated Metal Pipe and Concrete Pipe. Corrugated metal pipe and concrete pipe used as a conduit or casing pipe or a gravity flow carrier pipe shall, as a minimum, conform to the requirements of the current issue of State of Oregon Standard Specifications for Highway Construction. Smooth iron or steel pipe used as a conduit or casing pipe shall conform to the appropriate and current ASTM Specifications used for pressure pipe. (Ord. 203-7 §3.150, 1976) 12.20.060. Plastic Pipe. Plastic pipe, fittings and components shall conform to the appropriate and current ASTM or AWWA Specifications written for the specific type of usage that the pipe will receive. (Ord. 203-7 §3.160, 1976) 12.20.070. Locator Wire for Nonmetallic Pipe. On all installations, both public and private service, of plastic, AC-transite or clay carriers of water, gas or sewage, an insulated copper wire shall be buried with and in close proximity to the carrier. Wire shall be No. 16 or larger. The wire shall be buried the entire length of all such carriers and shall be brought to the surface and connected to ground rods or other suitable grounding devices at sufficient locations to make it possible to connect toning devices to the system for locating. (Ord. 2020-005 $1, 2020; Ord. 203-7 §3.180, 1976) 12.20.080. Trench Width. No trench shall be excavated with a top width in excess of 24 inches more than the outside diameter of the pipe, conduit or cable to be installed unless permission is first obtained from the Administrator. (Ord. 203-7 §3.200, 1976) 12.20.090. Backfilling. The backfilling of all trenches and tunnels must be accomplished immediately after the facility authorized by the permit has been placed therein and must be well tamped and fully compacted so as to allow the least possible amount of subsequent settlement. Compactive requirements within the roadway prism shall be those required by County specifications outlined in DCC 12.20.110. (Ord. 203-7 §3.210, 1976) 12.20.100. Crossing Under Surface. Unless special permission is fast obtained from the Administrator to open cut the roadway surface, pipeline or conduit which crosses under the surfaced portion of the highway, including shoulders, road or street connections, or road approaches or driveways, shall either be tunneled, jacked or driven, or placed in a hole bored under the surface for that purpose in accordance with the following provisions: Deleted_10 Deleted: u Chapter 12.20 2 A. Trenching in connection with any of these methods shall be no nearer the toe of the fill slope in fill sections or the point where the outer edges of the surfacing meets the subgrade in other sections than two feet or as specified in the special provisions, whichever is greater. B. If the tunneling method is used, it shall be by an approved method which supports the surrounding materials so as to prevent caving or settlement. Areas around the installed pipe or conduit shall be backfilled with moist sand, granular material or cement grout, filling all voids and packed in place with mechanical tampers or other approved devices. Lagging, bulkheading and timbering shall be removed as the backfilling progresses. C. When the jacking, driving or boring method is used, it shall be by approved means which will hold disturbances of surrounding material to a minimum. Sluicing and jetting is not permitted. Voids or displacement outside the outside perimeter of the pipe, conduit or cable where greater than 0.1 foot, shall be filled with sand or cement grout packed in place. D. Road cuts will not be permitted on any pavements that are under 5 years old unless special approval is obtained from the Administrator. Unless the Administrator approves the road cut, the Contractor will be required to bore and jack the installation. (Ord. 2011-026 §3, 2011; Ord. 203-7 §3.400, 1976) 12.20.110. Open Cutting-Backfrll, Resurfacing. A. When special permission is granted to open cut the surfaced portion of the highway, the following provisions shall be adhered to: 1. Trenches shall be cut to have vertical faces, where soil and depth conditions permit, and shall be shaped where necessary. 2. The trench edges in paved areas shall be sawed or cut to neat lines by methods satisfactory to the Administrator to a depth sufficient to permit removal of pavement without damage to the pavement to be left in place. Pavement within the cutting limits together with all other excavated material shall be removed and disposed of outside the County road right of way. 3. In trenching across the County road, no more than one-half of the traveled way is to be opened at onetime. The opened half shall be completely backfilled before opening the other half. 4. Closure of intersecting streets, road approaches or other access points will not be permitted. Upon trenching across such facilities, steel running plates, planks or other satisfactory methods shall be used to provide for traffic to enter or leave the highway or adjacent property. 5. No more than three hundred feet of trench longitudinally along the highway shall be open at one time and no trench shall be left in an open condition overnight, unless properly lighted and protected in an approved manner. 6. Immediately after the facility authorized by the permit has been placed in the trench, the trench shall be backfilled. B. The trench shall be backfilled as follows, unless otherwise specified by the permit: 1. Bedding shall be provided to a minimum depth of four inches below the pipe and ,12_irn hes above the pipe. Bedding shall consist of granular material, free of lumps, clods, stones and frozen materials and shall be graded to a firm but yielding surface without abrupt change in bearing value. Unstable soils and rock ledges shall be subexcavated from the bedding zone and replaced by suitable material. The bottom of the trench shall be prepared to provide the pipe with uniform bedding throughout the length of the installation. 2. Trenches shall be backfilled as outlined in DCC 17.48.270. C. Wearing surface and foundation material shall be as follows: 1. Where original surface was asphalt concrete or bituminous treatment or mix replace according to DCC 17.48.270. 2. Where original surface was port and cement concrete: Deleted: 12 inches....._ _.. _... __.. a. Wearing surface, either portland cement or asphalt concrete placed to a thickness of six inches eleted: 10 or the thickness of the removed pavement, whichever is greater; Deleted: I I _� Chapter 12.20 3 (20�J b. Foundation material, same as for asphaltic concrete. 3. Where original surface was crushed rock or gravel replace according to DCC 17.48.270. 4. All materials in DCC 12.20.110 and DCC 12.20.110(B), and their placement, shall conform to the requirements of the current ODOT/APWA Oregon Standard Specifications for Construction (Ord. 2020-005 1, 2020, Ord. 2011-026 §3, 2011; Ord. 2001-016 §1, 2001; Ord. 203-7 §3.500, 1976) 12.20.120. Burying of Cable. Unless special permission is first obtained from the Administrator, direct burial of cable placed by the ploughing method shall be limited to areas outside the surfaced portion of the highway. (Ord. 203-7 §3.600, 1976) 12.20.130. Pedestals and Meters. Pedestals and meters installed as part of a buried cable, water or gas installation are to be located one foot from the right of way line unless special permission is obtained from the County engineer to locate elsewhere. In no case shall the pedestals and/or meters be located within the County road maintenance operating area, including mowing operations, or nearer the pavement edge than any official road sign in the same general location. (Amendment to Ord. 203-7, dated 10/30/79; Ord. 203-7 §3.620, 1976) 12.20.140. Cleanup. All debris, refuse and waste of all kinds which may have accumulated upon the County road right of way by reason of the operations of the applicant, shall be removed irmnediately upon completion of the operations, and the County road right of way must be restored to at least as good condition as it was prior to such operations. (Ord. 203-7 §3.300, 1976) 12.20.150. Restoration of Surface -Repairs. A. All roadbed surfaces disturbed by utility installations, adjustments or repairs covered by permit, will be repaired or replaced within 24 hours after completion of backfilling of the final phase of the roadway cut, except if specifically allowed for by special provisions listed in the permit. B. All roadbed surfaces disturbed by utility installation, adjustments or repairs covered by permit that result in hazards to the traveling public will be either replaced or repaired immediately or adequately barricaded and signed to warn the public that a hazard exists. When such a hazard exists and is suitably barricaded and signed, repair or replacement will be accomplished within one week, or as permitted in DCC 12.20.150(A). C. Any replacement or repair not accomplished by the applicant under DCC 12.20.150(A) or DCC 12.20.150(B), within the specified time will be undertaken by the County without prior notice to the applicant and at the expense of the applicant. The County will also make any immediate repairs, alterations or additions to any barricading, signing or warning for a hazardous area when such barricading, signing or warning is found to be inadequate, inappropriate or ineffective without prior notice to the applicant. D. The applicant will reimburse the County for the actual cost of materials, labor, equipment and overhead. E. For a period of one year following the patching of any paved surface, the applicant shall be responsible for the condition of such pavement patches, and during that time shall, upon request from the Administrator, repair to the County's satisfaction any of the patches which become settled, cracked, broken or otherwise faulty. (Ord. 2011-026 §3, 2011; (Part) ofamendrnentto Ord. 203-7, dated 11/19/79; Ord. 203-7 §3.550, 1976) Deleted: 10 Deleted: I I Chapter 12.20 4 (1202� 12.20.160. Maintenance and Operation. The applicant shall at all times keep facilities authorized by the permit in a good state of repair. (Ord. 203-7 §3.700, 1976) 12.20.170. Warning Signs. Standard warning signs for buried power or communication cable and for pipelines carrying gas or flammable liquids shall be placed at each crossing under the County road and at intervals along longitudinal installations as required by current State Public Utility Commissioner order or as specified by the Administrator: A. Signs shall be offset as near the right of way line as practical. B. Signs for installations located within the County road roadbed maybe placed behind existing guardrail. (Ord.203-7 §3.610,1976) 12.20.180. Trees and Shrubs. Except in case of an emergency no trees or branches larger than six inches in diameter shall be cut without previous permission from the Administrator. (Ord. 203-7 §3.710, 1976) 12.20.190. Removal, Relocation or Repair- Required When. The permit is issued pursuant to the laws of the state which authorizes the Board to subsequently require the applicant to remove, relocate or repair the pole line, buried cable or pipeline covered by the permit at the sole cost of the applicant and by applying, the applicant consents and agrees to such condition. (Ord. 203-7 §3.900, 1976) 12.20.200. Removal, Relocation or Repair- Notice. Upon receiving written notice from the Board to remove, relocate or repair the pole line, buried cable or pipeline, the applicant shall within 60 days remove, relocate or repair same, at his sole cost, in accordance with the written notice. Under unusual circumstances the Administrator may grant a written extension in time if the applicant can show the need for an extension. (Ord. 203-7 §3.905, 1976) 12.20.210. Removal, Relocation or Repair- Bond. Before commencing such removal, relocation or repair, the applicant shall furnish such insurance and post such bond as the Board may consider necessary at that time in the manner provided for in DCC 12.24.100. (Ord.203-7 §3.910,1976) 12.20.220. County Removal, Relocation or Repair -Conditions and Costs. Should the applicant fail to remove, relocate or repair the pole line, buried cable or pipeline, as provided in DCC 12.24.190 and DCC 12.24.200, the County may remove, relocate or repair the same and submit a statement of total costs for the work to the applicant. The applicant upon receiving such statement will immediately, or within a period of time agreed upon between the applicant and the Board, pay to the County the full amount of such removal, relocation or repair costs. (Ord. 203-7 §3.915, 1976) Chapter 12.20 Deleted: to -� Deleted: l l Q4204.� % 12.20.230. Removal, Relocation or Repair- Recovery of Attorney's Fees. The applicant agrees that, in the event he fails, as provided in DCC 12.20, to pay the costs incurred by the County for the removal, relocation or repair of the pole line, buried cable or pipeline, and it becomes necessary for the County to commence an action or proceeding in a court of competent jurisdiction to recover the removal, relocation or repair costs that the County shall be entitled to recover in addition to the statutory court costs and disbursements, such additional sum as the court may adjudge reasonable for attorney's fees to be allowed in such action or proceeding. (Ord. 203-7 §3.920, 1976) Deleted: 10 ,', Deleted:ll - Chapter 12.20 6 Chapter 12.28. DRIVEWAYS AND A CESS TO PUBLIC ROADS Deleted: STREET IMPROVEMENTS 12.28.010. Definitions. 12.28.015. Definition -Apron. 12.28.020. Definition-Curbline. 12.28.025. Definition -Curb Return. 12.28.030. Definition -Driveway. 12.28.035. Definition -Driveway Approach. 12.28.040. Definition -End Slopes. 12.28.045. Definition -Sidewalk Section. 12.28.050. Permit -Required. 12.28.060. Permit -Application. 12.28.070. Permit -Approval and Issuance. 12.28.080. Public Property Use Restrictions. 12.28.090. Prohibited Locations. 12.28.100. Width of Driveway Approach Apron. 12.28.110. Driveway Approaches Near Alleys. 12.28.120. Driveways in Areas of Limited Street Improvements. 12.28.130. Construction Details. 12.28.140. Variances Permitted When. 12.28.150. Violation -Civil Remedies. 12.28.160. Violation. (Ord. 2020-005 �I, 2020) 12.28.010. Definitions. For the purposes of DCC 12.28, unless otherwise apparent from the context, certain words and phrases used in DCC 12.28 are defined as set forth in DCC 12.28.015-045. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 1, 1975) 12.28.015. Definition -Apron. "Apron" means the portion of the driveway approach extending from the property side of the curb to the sidewalk section and lying between the end slopes of the driveway approach. (Ord. 203-6 §1, 1975) 12.28.020. Definition-Curbline. "Curbline" means the inside edge of the top of the curb. In areas where no curb is required, it is the edge of the pavement. (Ord. 203-6 §1, 1975) 12.28.025. Definition -Curb Return. "Curb return" means the curved portion of a street curb at street intersections or the curved portion of a curb in the end slopes of a driveway approach. (Ord. 203-6 § 1, 1975) 12.28.030. Definition -Driveway. "Driveway" means an area on private property where automobiles and other vehicles are operated or allowed to stand. Deleted: to (Ord. 203-6 §1, 1975) � -- -- Deleted: 11 Chapter 12.28 1 (1_42Q_Q)_' 12.28.035. Definition -Driveway Approach. "Driveway approach" means an area, construction or improvement between the roadway of a public street and private property at least seven feet wide, intended and used for ingress and egress of vehicles from the roadway of a public street to a definite area of the private property, such as a parking area, a driveway or a door. The component parts of the driveway approach are termed the apron, the end slopes or the curb return, and the sidewalk section. (Ord. 2011-026 §4, 2011; Ord. 203-6 §1, 1975) 12.28.040. Definition -End Slopes. "End slopes" means the portions of the driveway approach which provide a transition from the normal curb and sidewalk elevations to the grade of the apron, either by means of a sloping surface or by means of a curb return together with the area between the projected tangents of the curb return. (Ord. 203-6 § 1, 1975) 12.28.045. Definition -Sidewalk Section. "Sidewalk section" means the portion of the driveway approach lying between the back, or property edge of the sidewalk and the end slopes measured at the front, or street, edge of the sidewalk. (Ord. 203-6 §1, 1975) 12.28.050. Pernut-Required. No person, firm or corporation shall remove, alter or construct any curb, sidewalk, driveway approach, gutter, pavement or other accessrelated __improvement in any public road,_ street, alley or other property owned by or dedicated to or used by the County and over which it has jurisdiction to regulate the matters covered by DCC 12.28, without fast obtaining a permit from the County Road Department, and no permit shall be granted until the applicant files with the County Road Department for its approval two copies of a drawing showing the location and size of all such proposed improvements to serve the property affected. (Ord. 2020-005 1, 2020; Ord. 95-035 §1, 1995; Ord. 203-6 §2, 1975) 12.28.060. Permit -Application. Application for permits to construct such improvements shall be made to the County Road Department on forms provided for that purpose. (Ord. 95-035 §1, 1995; Ord. 203-6 §3, 1975) 12.28.070. Permit -Approval and Issuance. Before approving the drawing of such improvement and issuing the permit, the County Road Department shall establish that the proposed improvement is in conformance with the provisions and standards hereinafter set forth. (Ord. 95-035 §1, 1995; Ord. 203-6 §4, 1975) 12.28.080. Public Property Use Restrictions. County road rights of way may not be used for private commercial purposes. A permit for the construction of driveway approaches shall not be issued unless vehicles to be served or serviced can be parked entirely within the private property lines. (Ord. 95-035 §1, 1995; Ord. 203-6 §10, 1975) Deleted: 10 Deleted_II_ Chapter 12.28 2 (20� 12.28.090. Prohibited Locations. A. No driveway approach shall be permitted to interfere with any public utility facilities. Under the permit required by DCC 12.28, the applicant may be authorized to relocate any such utility, upon application to the subject utility provider and upon making suitable arrangements for financial reimbursement to the utility provider. B. At street intersections no portion of any driveway approach, including end slopes, shall be permitted within the intersection curb return. C. At street intersections in noncommercial or residential and rural areas, no portion of any driveway approach, including end slopes, shall be permitted within 50 feet of the intersection curb return. _ Ord. 2011-026 §4, 2011; Ord_95-035 § 1, 1995; Ord. 203_6 §5, 1975) - - - - - - - - - - - - - _ - - Deleted: 9 ---... - - 12.28.100. Width of Driveway Approach Apron. The width of driveway approach aprons shall not exceed the following dimensions: A. For residential driveways, 14 feet for single driveways and 20 feet for double driveways and not more than one driveway approach shall be permitted per lot when such lot is 50 feet or less in width fronting on any street or avenue. 1. An additional driveway approach will be allowed when any particular lot has 50 feet or more of frontage on any street or avenue and the driveways can meet the spacing requirements listed in DCC 17.48.090 (B). 2. Sidelines of lots may also have driveway approaches in conformity with the provisions of DCC 12.28.100(A); notwithstanding that such lots have driveway approaches on their frontage area. B. For commercial driveways, when one or more driveway approaches serve a given property frontage, no single apron shall exceed 35 feet in width, but when such establishment controls 50 feet or more of street frontage the number of driveway aprons shall be limited to two for the fast 100 feet or part thereof and not more than 35 percent of the frontage exceeding the initial 100 feet thereafter. A safety island of not less than 16 feet of full height curb shall in all cases be provided between driveway approaches serving any one -property frontage. C. Property frontage referred to in DCC 12.28 includes approach areas directly in front of property owned or under the control of the applicant, and such area as may be directly in front of adjoining property which is used for approach purposes by right of easement or agreement with the adjoining property owner. (Ord. 2011-026 §4, 2011; Ord. 95-035 § 1, 1995; Ord. 203-6 §6, 1975) 12.28.110. Driveway Approaches Near Alleys. Driveway approaches located within five feet of the existing curb return at an alley intersection may be merged with the alley intersection pavement, thus requiring the removal of the existing curb return: the total apron length plus the alley width, measured at the curbline of the apron to the opposite alien line, shall not exceed 40 feet, except when there is a driveway approach on both sides of an alley, then the maximum apron length plus alley, width shall not exceed 60 feet. (Ord. 95-035 § 1, 1995; Ord. 203-6 §8, 1975) 12.28.120. Driveways in Areas of Limited Street Improvements. A. Where standard gutters and curbs have been installed but concrete sidewalks have not been, the permit may authorize the applicant to construct the driveway approach from the curbline to the applicant's premises of the same materials as those used for paving the applicant's driveway, or of any other material satisfactory to the County Road Department. Such driveway approach shall be constructed to established grade and shall be adequate and suitable for the traffic to be carried by it. The permit shall Deleted: 10 Deleted: 1 1 Chapter 12.28 3 (14X4 J 5 provide, and the applicant shall agree, that if and when thereafter concrete sidewalks are constructed, the applicant or his successor shall install concrete driveway approaches. B. Where standard gutters and curbs have not been installed, the apron widths set forth in DCC 12.28.100 shall be measured along the property line and there shall be not less than 16 feet of frontage between driveway approaches serving any one property. C. In areas designated on the comprehensive plan for urban growth, permits shall not be issued for any surface improvement or paving on the street right of way between driveway approaches unless a concrete curb or other physical obstruction, of a design satisfactory to the County Road Department, is constructed and maintained by the applicant along his property line, so that the entrance and exit of vehicles to and from the applicant's property will be restricted to the established driveway approaches. Pursuant to the permit provided for in DCC 12.28, the applicant may surface the driveway approaches or other areas within the right of way by extending the same type of paving used on the applicant's premises so that it merges with the street pavement, provided the applicant's paving is adequate and suitable for the tiaffrc to be carried; such extended paving between the property line and the street pavement shall be to established grade or other slope fixed by the County Road Department to provide for proper runoff. Such paving between the property line and the street pavement may meet the street pavement at a point ahead of the curb opening in order to provide for safe deceleration of vehicles turning into the applicant's premises. If the applicant's paving is extended beyond the property line into a street right of way at an intersection or crossroad, the County Road Department may require applicant to construct a suitable traffic island or curb to provide for the protection of such County facilities as may be necessary. (Ord. 2011-026 §4, 2011; Ord. 95-035 § 1, 1995; Ord. 203-6 §9, 1975) 12.28.130. Construction Details. A. All driveway approaches between the curbline and the property line shall be constructed of Portland cement concrete proportioned to the satisfaction of the County Road Department, except as provided in DCC 12.28.120. The concrete of the driveway approach, including the sidewalk section, shall be at least six inches thick for residential approaches and at least six inches thick for commercial approaches. B. The sidewalk section of the driveway approach shall be finished and scored as specified by the County Road Department, except as provided in DCC 12.28.120. Apron and end -slope areas of the driveway approach shall be finished, after troweling smooth and scoring, with a fiber push -broom drawn over the surface parallel to the curbline. (Ord. 2020-005 &1, 2020; Ord. 95-035 §1, 1995; Ord. 203-6 §7, 1975) 12.28.140. Variances Permitted When. The County Road Department is authorized to grant, in writing, variances from the regulations and requirements of DCC 12.28, provided it first determines that the following conditions are present: A. The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the County, or is due to the nature of the business or operation upon the applicant's property; B. That the variance requested is not against the public interest, particularly safety, convenience and general welfare; C. That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or tenants; and D. That the terns of DCC 12.28 will work unnecessary hardship upon the applicant, property owner or tenant. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 11, 1975) Deleted: four Delete: 10 d [Deleted: t I Chapter 12.28 4 12.28.150. Violation -Civil Remedies. In case a driveway or driveway approach is constructed or proposed to be constructed, maintained, repaired, altered or used in violation of DCC 12.28, such violation shall constitute a nuisance and the County may institute legal proceedings to prevent, enjoin, temporarily or permanently abate, remove or correct the nuisance. (Ord. 95-035 §1, 1995; Ord. 203-6 §14, 1975) 12.28.160. Violation. Violation of any provision of DCC 12.28 is a Class B violation_ . (Ord. 2003-021 §26, 2003; Ord. 95-035 §1, 1995; Ord. 83-015 §1, 1983; Ord. 203-6 §13, 1975) Chapter 12.28 Deleted: 10 Deleted: t t _ _� 5 (12Z02WJ Chapter 12.35. SIDEWALKS 12.35.010. Title for Citation. 12.35.020. Purpose of Provisions. 12.35.030. Definitions. 12.35.035. Definition -Property Owner. 12.35.040. Definition -Sidewalk. 12.35.050. Sidewalk Standards. 12.35.060. Repairs. 12.35.070. Sidewalk Permit. 12.35.080. Sidewalk Requirements for New Building Construction. 12.35.090. Land Division Sidewalk Requirements. 12.35.100. Developed Area Sidewalk. 12.35.110. Prohibited Activities and Uses. 12.35.120. Owners to Fill Ground Between Curb and Sidewalk. 12.35.130. Liability for Sidewalk Injuries. 12.35.140. Access During Construction. 12.35.150. Variance Conditions. 12.35.160. Violation -Nuisance. 12.35.170. Violation. 12.35.010. Title for Citation. DCC 12.35 and the amendments thereto shall be collectively known as the "Deschutes County Sidewalk Ordinance," and may be so cited. (Ord. 88-014 §1, 1988) 12.35.020. Purpose of Provisions. It is the purpose of DCC 12.35 to provide uniform standards for the construction and placement of sidewalks within each urban growth boundary and unincorporated community% -within the County, and to _ - Deleted: iesy require all new development to ensure construction of sidewalks. (Ord. 2011-026 §5, 2011; Ord. 88-014 §1, 1988) 12.35.030. Definitions. As used in DCC 12.35 certain words and phrases are defined asset forth in DCC 12.35.035-040 (Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988) 12.35.035. Definition -Property Owner. "Property owner" means 'owner" as defined in ORS 368.001(4). Where an owner has property frontage on two roads not including corner lots, and the County has denied the owner access to a County arterial or collector, the County shall be deemed the owner of that portion of the arterial or collector where access has been denied for the purposes of DCC 12.35. (Ord. 88-014 §1, 1988) 12.35.040. Definition -Sidewalk. "Sidewalk" means a concrete walkway which meets the design and construction standards set forth in DCC r- 12.35.050, and is used primarily by pedestrians as a means of foot travel. Deleted: Io Deleted: I I Chapter 12.35 1 "2020 (Ord. 88-014 §1, 1988) 12.35.050. Sidewalk Standards. All sidewalks shall be constructed in accordance with DCC 17.48.440, and to the line and grade specified by the County unless this standard is superseded by a joint management agreementor agreement with a_crt_y in relation to developmentwithin,its_wbangimwil boundary. Temporary walkways shall be constructed as directed by the County. (Ord. 2020-005 §1 2020.Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988) 12.35.060. Repairs. A. All property owners shall maintain sidewalks within public right of way or on public easements adjacent to their property in good repair. If any such sidewalk is not maintained in good repair, the Board may send a notice by certified mail to the owner, requiring the owner to repair the sidewalk, setting forth the nature and extent of repairs, and the time, not less than 30 days after the date of the notice, within which the owner must make the specified repairs. B. If the owner does not make the repairs within the time allowed, the Board may order the repairs to be made. The Board shall file the order, including a description of the abutting property, with the County Clerk. The recorded order is notice that the described property is subject to a lien for the cost of the sidewalk repairs, in an amount to be determined later by order of the Board. The County may seek payment, reimbursement and enforcement of the lien in accordance with ORS 368.910 to and including ORS 368.925. (Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988) 12.35.070. Sidewalk Permit. (Repealed Ord. 2011-026 §5, 2011; Ord. 95-035 § 1, 1995; Ord. 88-014 § 1, 1988) 12.35.080. Sidewalk Requirements for New Building Construction. (Repealed Ord. 2011-026 §5, 2011; Ord. 95-035 §1, 1995; Ord. 88-033 §l, 1988; Ord. 88-014 § 1, 1988) 12.35.090. Land Division Sidewalk Requirements. A. Sidewalk requirements imposed upon an applicant by DCC 12.35 shall be met and ensured as provided under DCC 12.35.070, and the sidewalk shall be constructed in conjunction with the construction of any required road or street. B. For those subdivisions or major partitions where new roads are constructed to County specifications, the lack of completed sidewalks shall preclude the establishment of such roads as County roads. (Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988) 12.35.100. Developed Area Sidewalk. The County shall develop a comprehensive urban pedestrian walkway system to achieve the land use and transportation plans. DCC 12.35.100 will enable sidewalks to be constructed adjacent to existing development, which is essential to achieving the objectives of the transportation plan. A. Whenever the Board deems it necessary, upon its own motion, the Board may initiate proceedings to consider a local improvement district for the construction, alteration, repair and/or maintenance of sidewalks. The Board shall initiate such proceedings upon its own motion, or the Board may initiate proceedings upon receipt of a petition from at least 60 percent of the property owners within the proposed local improvement district, provided the petitioners also represent a majority of the foot frontage abutting the public right of way within the proposed area. Deleted: 10 L U2/ 2024,: ' Chapter 12.35 2 B Where an existing pedestrian sidewalk is incomplete due to missing segments which are no longer in length than the frontage of three parcels or lots, the County may direct such segments be constructed through a local improvement district or in accordance with the procedures of DCC 12.35.060. (Ord. 2011-026 §5, 2011; Ord. 95-035 § 1, 1995; Ord. 88-014 § 1, 1988) 12.35.110. Prohibited Activities and Uses. A. Any activity or use which might obstruct or otherwise impede the normal passage of pedestrians and bicycles on sidewalks shall be prohibited. Such activities or uses shall include, but not be limited to, the following: 1. The parking of a motor vehicle, except emergency vehicles, on or over any portion of a sidewalk; 2. The dumping, depositing or placing of refuse or leaves upon a sidewalk; 3. Allowing an accumulation of snow or ice to remain upon the sidewalk; 4. The sale or display of merchandise on or near a sidewalk in such a way that the merchandise or prospective buyers of it might impede or obstruct the passage of pedestrians or bicyclists; and 5. The growth of trees, bushes or other plants in such a way that any part of the plant growing on or over a sidewalk might impede or obstruct the passage of pedestrians or bicyclists or create a sight distance hazard for users of the right of way. B. The use of motorized vehicles, horse-drawn vehicles, or horses on any sidewalk is prohibited, except where sidewalks must be crossed in order to gain access to a driveway, road, street, alley or parking area. Nonmotorized vehicles such as bicycles may be used on sidewalks for normal passage. The users of such vehicles shall not operate them in such a manner to impede, hazard or prevent the normal passage of pedestrians. (Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988) 12.35.120. Owners to Fill Ground Between Curb and Sidewalk. It shall be the duty of all property owners to fill with earth, river rock, brick, gravel, loam, cinders, mulching materials or portland cement concrete any space between a curb and sidewalk in front of their property, and to the curbline of the street at the intersections, to a level grade with the curb and sidewalk. A ground cover, flowers, or trees may be used in compliance with DCC 12.35.120. (Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988) 12.35.130. Liability for Sidewalk Injuries. A. The property owner is responsible for constructing, maintaining and removing obstructions from a sidewalk adjacent to the property and shall be liable for all personal injury or properly damage arising from the property owner's fault or negligence in failing to keep clear, maintain or construct an abutting sidewalk. B. If the County is required to pay damages for an injury to persons or property owners caused by the failure of a person to perform the duty which DCC 12.35.130 imposes, the person failing to perform the duty shall compensate the County for the amount of the damages thus paid. The County may maintain an action in a court of competent jurisdiction to enforce the provisions of DCC 12.35.130. (Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988) 12.35.140. Access During Construction. During the construction of walks, it shall be the permit holder's responsibility to afford and assure reasonable access to private property by the property owner and invitees. This shall include the placing of planks, gravel or crushed rock on walkways and driveway approaches. (Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988) _ �Deteted: t0 Deleted: i t — - "202" s ' Chapter 12.35 12.35.150. Variance Conditions. Variances to the provisions of DCC 12.35 may be granted in accordance with DCC 17.56 if any of the following criteria exist: A. Topographic or environmental features make construction physically impossible; B. The street ends in a cul-de-sac; C. In industrial areas where access to schools, residences, employment or shopping centers, recreation or transit facilities is not necessary; D. Adequate right of way cannot be obtained, or line and grade cannot be established or met, in which case a temporary walkway may be required as directed by the Road Department Director; or E. Upon fmdings that a pedestrian walkway is not required to meet land use or transportation plan goals. (Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988) 12.35.160. Violation -Nuisance. Any violation of DCC 12.35 is declared a nuisance. (Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988) 12.35.170. Violation. Violation of any provision of DCC 12.35 is a Class B violation. (Ord. 2003-021 §28, 2003; Ord. 95-035 § 1, 1995; Ord. 88-014 §1, 1988) Deleted: l0 -Deleted: I l --..._ Chapter 12.35 4 U2/ 2Q ,5' Chapter 12.40. LICENSE AGREEMENTS FOR UNUSED RIGHTS OF WAY 12.40.010. Authority to Permit Use of Unused Public Right of Way. 12.40.020. License Agreement -Application. 12.40.030. License Agreement -Contents. 12.40.040. License Agreement- Fee- Termination Conditions. 12.40.010. Authority to Permit Use of Unused Public Right of Way. The Board may enter into a license agreement with any person for the use of unused public right of way under County jurisdiction which is not presently needed for public use. (Ord. 87-007 §1, 1987) 12.40.020. License Agreement -Application. The application for a license agreement authorized by DCC 12.40.010 shall be made to the Road Department Director. The Road Department Director and Conu»untty _13evedopl pt Duector shall review Deleted: Planning any application to license public right of way not needed for public use, and make recommendations to the Board regarding the granting of such license, and shall propose any necessary conditions. (Ord. 2020-005 § 1, 2020; Ord. 87-007 §3, 1987) 12.40.030. License Agreement -Contents. Any such license agreement shall provide that the licensee may landscape, maintain or otherwise occupy the premises for any specific purpose, subject to a license agreement agreeable to the County and the licensee. (Ord. 87-007 §2, 1987) 12.40.040. License Agreement -Fee- Termination Conditions. Any license for the use of public right of way not needed for public use shall provide for termination upon notice by the County, and shall require a reasonable license fee for the right to use the right of way. (Ord. 87-007 §4, 1987) Deleted: 10/ Deleted: 01 Chapter 12.40 Chapter 12.48. LOCAL IMPROVEMENT DISTRICTS 12.48.010. Purpose. 12.48.020. Applicability. 12.48.030. Relationship to State Law. 12.48.040. Definitions. 12.48.041. Definition -Actual Cost. 12.48.042. Definition -Assessment for Local Improvement. 12.48.046. Definition -Board. 12.48.051. Definition -Capital Construction. 12.48.056. Definition -Engineer. 12.48.061. Definition -Estimated Assessment. 12.48.066. Definition -Final Assessment. 12.48.071. Definition -Financing. 12.48.076. Definition -Local Improvement. 12.48.081. Definition -Owner. n 12.48.086. Definition -Road, County Road end Public Road. ----------------------- _ - Deteted: 12.48.091. Definition -Structure. 12.48.096. Definition -Undeveloped Land. 12.48.101. Definition -Value. 12.48.110. Petition or Resolution for Improvement of Roads in Unincorporated Areas. 12.48.120. Signers of Petition and Objection in Event of Contingencies. 12.48.130. Designation. 12.48.140. Filing Fees. 12.48.150. Completion of Feasibility Study; Determination of Specially Benefited Properties and Method Of Assessment; Financial Feasibility. 12.48.160. Description of Real Property -Effect of Error in Name of Owner. 12.48.165. Decision to Abandon or Proceed With Local Improvement; Notice to Petitioners; Neighborhood Meeting. 12.48.166. Mail Poll; Contents; Required Percentage of Approval. 12.48.170. Report on Poll Results; Determination to Proceed With Lid Formation- Filing of Objections. 12.48.180. Notice Contents. Notice. - Deleted: o 12.48.190. Mailing gf - - _ - _ 12.48.200. Board Order or Resolution for Improvement -Recording- Vacation of Order or _ _ ---------- _ _ _ Deleted: F Resolution. 12.48.210. Recording Order or Resolution ffjth County Clerk. - - Deleted: w 12.48.220. Engineer to Compile Local Improvement Actual Cost -Source of Payment - Reimbursement of Source -Additional Work. 12.48.230. Allocation of Costs of Sidewalk or Curb Construction and Other Improvements. 12.48.240. Engineer to Ascertain Assessment -Hearing on Objections -Board Order or Resolution. 12.48.250. Recording of Final Assessment -Lien. 12.48.260. When Assessment Due, Payable and Delinquent -Interest -By Whom Collected. 12.48.270. Errors in Assessment Calculation or Determination. 12.48.275. Reinstatement of Liens Released in Error. 12.48.280. Deficit Assessments or Refunds When Initial Assessment Based on Estimated Cost. 12.48.290. Rebates. 12.48.300. Curative Provisions. 12.48.310. Remedies. -- Deleted:10 12.48.320. Collection. 12.48.330. Minimum Requirements for Local Improvements Involving Undeveloped Land. �Deieted: of Chapter 12.48 1 �20� 12.48.340. Interim Security. (Ord. 2020-005 U. 2020) 12.48.010. Purpose. The purpose of DCC 12.48 is to implement the authority granted by the Oregon Revised Statutes to create local improvement districts to construct local improvements, as that term is defined herein, that are to be financed wholly or in part by special assessment against benefited property and to provide a procedure for levying, collecting and enforcing payment of such special assessments. (Ord. 94-025 § 1, 1994) 12.48.020. Applicability. DCC 12.48 shall apply to local improvements located in unincorporated areas of the County. (Ord. 94-025 § 1, 1994) 12.48.030. Relationship to State Law. A. The procedures for making local improvements, as that term is defined herein, shall be those set forth in DCC 12.48, which procedures are adapted from ORS 371. Where there is a conflict between ORS 371 and the provisions contained herein, the provisions of DCC 12.48 shall prevail. B. In addition to the provisions of DCC 12.48, the following state statutes shall apply to the assessment of properties for local improvements: ORS 223.205 and 223.210 to 223.295; ORS 223.405 to 223.485; ORS 223.505 through 223.650; and ORS 223.770. If there is a conflict between the statutes listed in DCC 12.48.030 and DCC 12.48, the provisions of DCC 12.48 shall prevail. C. When officials of cities are referred to in the statutes listed in DCC 12.48.030(B), the corresponding officials of Deschutes County shall perform the required functions. The duties required of the governing body of a city under those statutes shall be performed by the Board. (Ord. 94-025 § 1, 1994) 12.48.040. Definitions. As used in DCC 12.48, unless the context requires otherwise the words and phrases are defined as set forth in DCC 12.48.041-101. (Ord. 94-025 §1, 1994) 12.48.041. Definition -Actual Cost. "Actual cost" means all direct or indirect costs incurred by the County to deliver goods or provide services or undertake a capital construction project. The "actual cost' of providing services to a property or property owner includes the average cost or an allocated portion of the total amount of the actual cost whether stated as a minimum, fixed or variable amount. "Actual cost' includes, but is not limited to the cost of labor, materials, supplies, equipment rental, property acquisition, permits, engineering, financing, legal, administration, depreciation, amortization, reserve for delinquencies or defaults, debt service and any other item allowed by law. Administrative expenses include those incurred in preparation for formation of a local improvement district such as meeting with property owners, preparing and processing the feasibility report, providing notice and conducting hearings. (Ord.94-025 §1, 1994) 12.48.042. Definition -Assessment for Local Improvement. "Assessment for local improvement" means any fee, charge or assessment that does not exceed the actual cost incurred by the County for a local improvement. Deleted: to — —� (Ord. 94-025 § 1, 1994) Deleted: 01 Chapter 12.48 2 (�Q� 12.48.046. Definition -Board. "Board" means the Board of County Comrmissioners for Deschutes County, Oregon. (Ord. 94-025 § 1, 1994) 12.48.051. Definition -Capital Construction. "Capital construction" means the construction, modification, replacement, repair, remodeling or renovation of a structure or addition to a structure, which is expected to have a useful life of more than one year, and includes, but is not limited to: A. Acquisition of land, or a legal interest in land, in conjunction with the capital construction of a structure. B. Acquisition, installation of machinery or equipment, furnishings or materials which will become an integral part of a structure. C. Activities related to the capital construction such as planning, design, acquisition of interim or permanent financing, research, land use and environmental impact studies, acquisition of permits or licenses or other services connected with the construction. D. Acquisition of existing structures, or legal interests in structures, in conjunction with capital construction. (Ord. 94-025 § 1, 1994) 12.48.056. Definition -Engineer. "Engineer" means the County Engineer, road master, surveyor or other engineer selected by the County governing body. (Ord. 94-025 §1, 1994) 12.48.061. Definition -Estimated Assessment. A. "Estimated assessment" means, with respect to each property to be assessed in connection with a local improvement, the total assessment that, at the time of giving notice of the assessment and the right to object or remonstrate, the Board estimates will be levied against the property following completion of the local improvement. The estimate shall be based on the Board's estimate at that time of the actual costs of the local improvement and the proposed formula for apportioning the actual costs to the property. B. Estimated assessment shall be determined by: 1. Excluding from estimated actual costs the estimated financing costs associated with any bonds issued to accommodate the payment of the assessment in installments; and 2. hrcluding in estimated actual costs the estimated financing costs associated with interim financing of the local improvement. (Ord. 94-025 §1, 1994) 12.48.066. Definition -Final Assessment. "Final assessment" means, with respect to each property to be assessed in connection with a local improvement, the total assessment levied against the property following completion of the local improvement. The total assessment shall be based on the actual costs of the local improvement and the formula for apportioning the actual costs to the property. (Ord. 94-025 §1, 1994) 12.48.071. Definition -Financing. A. "Financing" means all costs necessary or attributable to acquiring and preserving interim or permanent Deleted: r0 financing of a local improvement. Deleted: 01 Chapter 12.48 3 B. The costs of financing may include the salaries, wages and benefits payable to employees of the County to the extent the same are reasonably allocable to the work or services performed by the employees in connection with the financing of a local improvement or any part thereof. However, as a condition of inclusion of any salaries, wages or benefits payable to employees of the County as financing costs of a local improvement or any part thereof, the County shall establish a record keeping system to track the actual work done or services performed by each employee on or in connection with such local improvement. C. Financing costs that are to be incurred after the levy of a final assessment may be included in the final assessment based on the County's reasonable estimate of the financing costs if the County first documents the basis for the estimate and makes the documentation available to interested persons on request. (Ord. 94-025 §1, 1994) 12.48.076. Definition -Local Improvement. "Local improvement" means a capital construction project, or part thereof, undertaken by the County under the authority of DCC 12.48 financed by assessments upon lots or parcels that have been benefited by all or a part of the local improvement: A. Which provides a special benefit only to specific properties or rectifies a problem caused by specific properties; B. The costs of which are assessed against those properties in a single assessment upon the completion of the project; and C. For which the property owner may elect to make payment of the assessment plus appropriate interest over a period of at least 10 years. For purposes of DCC 12.48.076, the status of a capital construction project as a local improvement is not affected by the accrual of a general benefit to property other than the property receiving the special benefit. (Ord. 94-025 § 1, 1994) 12.48.081. Definition -Owner. "Owner" means a vendee under a recorded land contract or if there is no such contract, the holder of the record title, which vendee or holder has a present interest equal to or greater than a life estate. (Ord. 94-025 § 1, 1994) 12.48.086. Definition -Road, County Road and Public Road. "Road," "county road" and "public road" have the meanings given those terms in ORS 368.001. (Ord. 94-025 § 1, 1994) 12.48.091. Definition -Structure. "Structure" means any temporary or permanent building or improvement to real property of any kind, which is constructed on or attached to real property, whether above, or beneath the surface. (Ord. 94-025 § 1, 1994) 12.48.096. Definition -Undeveloped Land. "Undeveloped land" means a lot or parcel with no improvements or with improvements that constitute less than 25 percent of the land value. (Ord. 94-025 § 1, 1994) Chapter 12.48 Deleted: 10 Deleted: of 4 (Q� 12.48.101. Definition -Value. "Value" means the real market value of property or improvements, as shown by the most recent valuation by the County Assessor or by evidence of recent sales of comparable property in the same development. (Ord. 94-025 §1, 1994) 12.48.110. Petition or Resolution for Improvement of Roads in Unincorporated Areas. A. Proceedings to cause any local improvement to be made or constructed in an unincorporated area may _ be initiated by the Board by resolution or by a petition signed by not less than,25 percent of the owners_ - eleted: of the land representing not less thaiL25_percent of the land abutting on the _proposed local improvement _ _ Deleted: and presented to the Board asking for thei improvement. - - _ - - - - - .._ - - - - - - - - - - - - - - - - - ._ _ _ Deleted: B. The resolution or petition shall indicate the approximate location and suggested boundary for the proposed local improvement+ and describe the nature of the -improvement desired. _ - Deleted: (Ord. 96-074 §1, 1996; Ord. 94-025 §1, 1994) Deleted: 12.48.120. Signers of Petition and Objection in Event of Contingencies. In case of tenants by the entireties, joint tenants or tenants in cornmon, the parcel of land is considered as having one owner, which owner shall be deemed to have signed the petition provided for in DCC 12.48.110 or the objection provided for in DCC 12.48.170 only if every cotenant of the parcel has signed. Signatories on behalf of corporate owners must include a resolution of the Board demonstrating authority. (Ord. 96-074 §1, 1996; Ord. 94-025 §1, 1994) 12.48.130. Designation. The properties that are to be assessed for part or all of the cost of a public improvement shall be included within the boundaries of, and known together as a local improvement district or LID. In addition, the property on which the local improvement is to be located and such other incidental properties as necessary for a logical boundary may be included. (Ord. 96-074 §1, 1996; Ord. 94-025 §1, 1994) 12.48.140. Filing Fees. The Board may by resolution or order adopt filing fees and deposit requirements for petitions for local improvements. A. The filing fee or deposit shall reflect the actual cost incurred by the County in reviewing the petition, completing the feasibility study, providing notice of abandonment, organizing neighborhood meetings and conducting a mail poll pursuant to DCC 12.48.150 to 12.48.166. B. The filing fee or deposit shall be deposited within the County's LID Fund. C. The filing fee or deposit shall be non-refundable if, at any time prior to the letting of contracts for construction of the improvement, the Board declares the proposed LID abandoned. D. In the event the Board directs the improvement to be made and the improvement proceeds to completion, the filing fee or deposit shall constitute a credit against the final assessment(s) for the parcel(s) of land owned by the person(s) who paid such fee or deposit. (Ord. 96-074 §1, 1996; Ord. 94-025 §1, 1994) 12.48.150. Completion of Feasibility Study; Determination of Specially Benefited Properties and Method of Assessment; Financial Feasibility. A. When a resolution is adopted or a petition filed, the Board shall refer the resolution or petition to the Engineer, who shall complete a feasibility study of the proposed local improvement that shall include investigation of at least the following: Deleted: 10 Deleted: 01 _ _ Chapter 12.48 1. The optimal location and extent of the improvement so that the project will facilitate orderly development and efficient use of infrastructure throughout the neighborhood as well as effective maintenance of the improvement; and 2. A boundary for the LID which includes all properties specially benefited by the improvement; and 3. A description of the construction design for the project, including, where appropriate, preliminary plans and/or specifications; and 4. Consistency with applicable land use regulations; and 5. A determination of the maximum actual cost of the improvement, including any interim financing; and 6. A recormrrendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the maximum actual cost of the improvement among the properties specially benefited; and 7. The nature of the special benefit(s) to be derived by assessed properties; and 8. A map or plat showing specially benefited properties to be included in the LID; and 9. A description and assessed value of each lot, parcel of land or portion thereof, to be specially benefited by the improvement, with the names of the record owners thereof, and 10. The maximum assessment or assessments against each lot or parcel to be included within the LID; and I t . The financial feasibility of the improvement as detailed in DCC 12.48.150(B). B. In the course of the investigation required by DCC 12.48.150(A), the Engineer shall submit an overview of the proposed LID to the County Finance Director and request analysis regarding the financial feasibility of the project. The Finance Director shall review the information submitted by the Engineer and request additional information if necessary to evaluate the financial feasibility of the project and the risk to the County. At a minimum, the Finance Director's analysis shall include the following: 1. A review of assessment to value ratios for individual properties and the LID as a whole; and 2. A determination of whether the percentage of undeveloped land in the LID substantially increases the financial risk of the project and whether the requirements of DCC 12.48.330 must and can be met; and 3. The recorn mended method of interim financing and the availability of such financing; and 4. The recommended method of long -tern financing and the feasibility of such financing, including chances for a successful bond sale, necessary bump rate, etc.; and 5. Other financing considerations, including but not limited to possible collection problems and general credit worthiness among property owners, projected status of the County's LID fund at the time of interim financing, project eligibility for State of Oregon "Special Public Works Fund," and the impact of project financing on current County debt structure. C. The Finance Director shall forward his analysis to the Engineer who shall then incorporate the analysis into the final draft of the feasibility study. D. The Engineer shall prepare a report for the Board containing the results of the foregoing feasibility study. In performing the investigation and developing a report, the Engineer shall consult with the County Finance Director and may also consult with the Assessor's Office, Planning Division or County Counsel's Office and any other office as necessary. hi addition, the Engineer may solicit from owners of affected properties and other parties such information as he deems necessary to complete the report required by DCC 12.48.150. E. Where the local improvement petitioned for includes the construction and installation of lateral sewers, street mains or similar facilities, a separate statement of the estimated cost of and estimated assessment for the construction and installation of lateral sewers, street mains or similar facilities shall be included. (Ord. 96-074 §1, 1996; Ord. 94-025 §1, 1994) Deleted: 10 �'A Deleted: 01 Chapter 12.48 12.48.160. Description of Real Property -Effect of Error in Name of Owner. A. For the purposes of the feasibility study and any subsequent listing of properties as part of an estimated or final assessment, the real property to be assessed may be described by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, by metes and bounds, or by reference to the book and page of any public record where the description may be found, so that the description can be made certain. B. If the property owner is unknown, the land may be assessed to "unknown owner," or "unknown owners." If the property is correctly described, no final assessment shall be invalidated by a mistake or omission in the name of the owner. Where the name of the hue owner, or the owner of record, or any parcel of real property is given, the final assessment shall not be held invalid on account of any error or irregularity in the description if the description would be sufficient in a deed or conveyance fiorn the owner, or is such that, in a suit to enforce a contract to convey, employing such description a court of equity would hold it to be good and sufficient. C. Any description of real property that conforms substantially to the requirements of DCC 12.48.160 shall be sufficient in all proceedings relating to a final assessment for a local improvement, foreclosure and sale of delinquent assessments, and in any other proceeding relating to or connected with levying, collecting and enforcing final assessments. (Ord. 96-074 § 1, 1996; Ord. 94-025 § 1, 1994) 12.48.165. Decision to Abandon or Proceed With Local Improvement; Notice to Petitioners; Neighborhood Meeting. A. If, at any time during the course of the feasibility study, the Engineer determines that the proposed local improvement is not feasible, the Engineer shall forward the results of the study to the Board. The Board may request further study or adopt an order declaring the LID abandoned. B. If the Board orders the abandomnent of the LID, it shall require the department to give written notice of the abandonment to all petitioners mailed to the addresses provided in the petition. C. If, in the initial study or after requested further study, the Engineer determines that the proposed local improvement is feasible, the Engineer shall organize, give notice of and host one or more neighborhood meetings for the owners of record of all specially benefited lots within the LID. The Engineer shall utilize the meeting(s) to review the results of the feasibility study, the LID process, the nature and benefits of the proposed improvements and financing options. The Engineer shall also address questions raised by meeting participants. (Ord. 96-074 §1, 1996) 12.48.166. Mail Poll; Contents; Required Percentage of Approval. A. Following the neighborhood meeting(s), the department shall conduct a mail poll of the owners of record of all specially benefited lots within the LID to determine the level of support for completing the proposed improvements. Along with the request for approval or objection to the improvement, the poll shall also include a description of the proposed improvement, the maximum actual cost of the improvement, the maximum assessment or assessments against each property, a map illustrating the location of the proposed improvements and the LID boundaty, an overview of the LID process, an estimated construction schedule, available financing options, the process for obtaining additional information, and the postmark deadline for responding. B. To be eligible for further consideration by the Board, a proposed improvement must receive, by the postmark deadline, a minimum poll approval rate of at least 60 percent of the owners of land representing at least 60 percent of the total amount of the estimated assessment for the proposed local improvement. (Ord. 96-074 § 1, 1996) Deleted: 10 Deleted: 0 i Chapter 12.48 7 12.48.170. Report on Poll Results- Determination to Proceed With LID Formation -Filing of Objections. A. Following the mail poll, the Engineer shall forward to the Board a report on the results of the poll. If the proposed local improvement fails to receive the minimum poll approval rate, the Board shall adopt an order declaring the LID abandoned. If the proposed improvement receives the minimum poll approval rate, the Board may proceed with formation of the LID. B. If the Board decides to proceed with formation of the LID, it shall enact an order creating and describing the LID, declaring its intention to make the local improvement, providing the manner and method of carrying out the improvement, setting a public hearing on the improvement and directing that notice be given of the public hearing. Written notice containing the information set forth in DCC 12.48.180 shall thereupon be mailed to the owner of each lot or parcel to be assessed for the proposed improvement. C. Owners shall have the right to object to the further prosecution of the local improvement either by filing with the Board a written objection within 20 days after the mailing of the notice or by oral testimony at the hearing, the date of which shall be not less than 20 days after the date the notice was mailed. (Ord. 96-074 §1, 1996; Ord. 94-025 §1, 1994) 12.48.180. Notice Contents. The hearing notice shall contain the following information: A. A general description of the proposed local improvement and of the LID. The description need not be by metes and bounds and shall be such that an average person can determine from it the general location of the property and shall include a listing of the affected parcels or lots. B. A statement that the feasibility study has been filed for the proposed local improvement and that the report is on file and subject to public examination. C. The maximum actual cost of the improvement and the maximum assessment or assessments against the land of the owner. D. The results of the mail poll. E. The time and place of a public hearing on the improvement to hear objections. F. A statement explaining the remonstrance process. G. If more than 50 percent of the parcels or lots to be assessed are undeveloped, a statement that a single owner of more than three lots or parcels to be assessed will be required to furnish security in the amount of 110 percent of the estimated assessment for each lot or parcel held by the owner in excess of three lots or parcels. (Ord. 96-074 §1, 1996; Ord. 94-025 §1, 1994) 12.48.190. Mailing of Notice. Notice required to be sent to the owner of a lot affected by a proposed estimated or final assessment shall be addressed to the owner or the agent of the owner. If the address of the owner or of the agent of the owner is unknown, the notice shall be addressed to the owner or the agent of the owner at the address where the property is located. Any mistake, error, omission, or failure with respect to the mailing shall not be jurisdictional or invalidate the assessment proceedings, but there shall be no foreclosure or legal action to collect until notice has been given by personal service upon the property owner, or, if personal service cannot be had, then by publication once a week for two successive weeks in a newspaper designated by the Board and having general circulation in Deschutes County. (Ord.94-025 §1, 1994) Chapter 12.48 Deleted: 10 Deleted:01 ( ?Q )-/" 12.48.200. Board Order or Resolution for Improvement -Recording- Vacation of Order or Resolution. A. At the time of the public hearing, the Board shall hear any testimony on the proposed local improvement and may continue the heating as it deems necessary. If objections are received by the Board signed by more than 50 percent of the owners of land representing more than 50 percent of the total amount of the estimated assessment for the proposed local improvement, the proposed local improvement shall, by order or resolution of the Board, be declared abandoned and no new petition may be filed and no new resolution may be adopted for the local improvement within a period of one year after the date of the order, unless the Board exercises its discretion under DCC 12.48.200(C) to modify the proposal in response to the testimony and objections. B. If following the hearing the Board determines that the proposed local improvement should be made and the number of objections mentioned in DCC 12.48 has not been received, the Board may at its discretion, by order or resolution describing the land to be assessed, direct the local improvement to be made by contract or by force account. If by contract, it shall be awarded in the same manner as provided for other contracted County road improvements. C. Following the hearing, the Board may modify the proposed local improvement, the estimated cost, the assessment method or the estimated assessments in response to information received and objections raised, in which case an additional hearing shall be noticed in accordance with DCC 12.48.170 to 12.48.190. The provision of additional information to justify the chosen methodology shall not trigger the requirements of DCC 12.48.200(C). D. The Board can suspend or abandon proceeding with a local improvement at any time up to letting contracts for construction if it determines that the minimum requirements of DCC 12.48.330(A) are not being met or for any other reason. E. Subject to DCC 12.48.200(C), the Board may at its discretion and on its own motion or at the request of interested parties reopen a previously noticed public hearing that has been closed upon the mailing of notice to owners of property to be assessed not less than five days prior to the reopening of the hearing. (Ord. 99-027 §1, 1999; Ord. 96-074 §1, 1996; Ord. 94-033 §1, 1994; Ord. 94-025 §1, 1994) 12.48.210. Recording Order or Resolution with County Clerk. A. The Board shall cause the Finance Director or his delegate to file with the County Clerk's office a notice of intent to lien, signed by the Finance Director or his delegate, for each property on the list for entry in the appropriate lien docket. A notice of intent to lien shall include at a minimum a description of the property, the owner's name, a reference to the order or resolution of the Board ordering that the improvements be made and the amount of the estimated assessment, along with a statement that upon completion of the improvements, a lien for the amount of the final assessment will be imposed upon the property. The Clerk shall thereupon record and index the notice of intent to lien in the appropriate lien docket. Recording of a notice of intent to lien and docketing it in the appropriate lien docket shall serve as notice that upon completion of the local improvement described in the order or resolution, a lien in a fixed amount representing each listed properties' equitable share of the actual costs of the local improvements will be imposed on each of the listed properties. B. If the proposed local improvement described in the order or resolution of the Board is not commenced within two years after the notice is recorded, the Board may by a new order or resolution vacate its former order or resolution for the proposed local improvement. The Board shall record with the County Clerk the order or resolution vacating the former order or resolution for the proposed local improvement. Thereupon the land described shall be free of the effect of the former order or resolution. The County Clerk shall endorse upon the new order or resolution the date of the filing thereof, and shall record and index the same in the lien record referred to in DCC 12.48.210(A). (Ord. 99-027 92, 1999, Ord. 94-025 St 1994) t De1�0 _ Deleted: 01 Chapter 12.48 12.48.220. Engineer to Compile Local Improvement Actual Cost -Source of Payment -Reimbursement of Source -Additional Work. A. After the local improvement has been completed, inspected by the Engineer and accepted by the Board, the Engineer shall compile the actual cost of the local improvement. Where the local improvement includes the construction and installation of lateral sewers, street mains or similar facilities, the Engineer shall separately compile the total cost of those local improvements. B. Payment of the cost of the local improvement other than for the construction and installation of lateral sewers and street mains or similar facilities shall be made from the general road funds, from any funds available for the construction or improvement of County roads or from revenues available from interim financing methods authorized by law. Payment of the cost of the construction and installation of lateral sewers and street mains or similar facilities shall be made from any funds available to the County for such improvements. C. The funds expended for the local improvement shall be reimbursed or the local improvement warrants shall be retired to the extent of the proceeds of an assessment against the land benefited by the local improvement, but no estimated or final assessment shall be made against any operating railroad right of way without the consent of the owner thereof. The final assessment shall assess each landowner a portion of the cost of the local improvement corresponding to the relative benefit to the land of the landowner from the local improvement. D. All of the costs of improvements within intersections connected with any local improvement under DCC 12.48 may be borne by the County. E. Unless notified to the contrary by the owner prior to the acceptance of bids for local improvements under DCC 12.48, an existing driveway shall be reconstructed to the property line to conform with the new grade. Additional driveways or other road connections, including retaining walls, may be constructed simultaneously with the local improvements when a written request is filed with the Board prior to the acceptance of bids by the affected abutting landowners. The cost of the driveway and all requested work shall be charged to the abutting owner and added to the final assessment against the land of the owner. (Ord. 94-025 §1, 1994) 12.48.230. Allocation of Costs of Sidewalk or Curb Construction and Other Improvements. Notwithstanding any provision to the contrary in DCC 12.48, the cost of construction of sidewalks under DCC 12.48 shall be assessed in proportion to the front footage of the land or otherwise, as provided in DCC 12.48, to the owners of land abutting on the side of the street or road on which the sidewalks are constructed and fronting on such sidewalks. The cost of construction of all other local improvements under DCC 12.48 shall be assessed in the manner provided in DCC 12.48, to the owners of land benefited by the local improvement. (Ord. 94-025 § 1, 1994) 12.48.240. Engineer to Ascertain Assessment -Hearing on Objections -Board Order or Resolution. A. The Engineer shall ascertain the amount of the final assessment against each parcel of land assessed for the local improvement and report the same to the Board. B. The Board by order or resolution shall thereupon set the time and place for a hearing of objections to the final assessments as fixed in the report of the Engineer. C. Not less than 10 days prior to the date of the hearing, the Board shall mail to the owner of each property proposed to be assessed, at the address of the owner as shown on the petition or on the latest tax roll of the County, a written notice of the time and place for the hearing of objections and of the amount of the proposed final assessment against the land of the owner. D. After hearing any written or oral objections, the Board shall by order or resolution, listing and describing each property to be assessed and listing and describing the ownership of each such property, , Deleted: ro / 4 Deleted:Ol Chapter 12.48 10 (12/20DW determine from the evidence submitted the amount of the final assessment against each individual listed property. The order or resolution shall certify the amount of the final assessment against each listed individual property. In addition, the order or resolution shall: 1. Specify the teens for installment payments and, subject to DCC 12.48.260, the date that payments or applications for installment payments are due; 2. Order in accordance with ORS 223.210 that notice of the final assessment be published; 3. Order in accordance with ORS 223.210 that the Road Department Director mail to the owners of the assessed properties notice of the final assessment and an application to finance the local improvements; and 4. Direct that the Finance Director or his delegate cause to be filed with the County Clerk individual lien claims for the assessments against the properties on the list, excluding any property known to be subject to bankruptcy proceedings, in the appropriate form and 5. Direct that the Clerk record the liens and enter them in the appropriate lien docket of the County. (Ord. 99-027 §3, 1999; Ord. 94-025 § 1, 1994) 12.48.250. Recording of Final Assessment -Lien. A. After passage of the order or resolution determining the final assessments, the Finance Director or his delegate shall for each property on the list of assessments certified by the Board file with the Clerk a claim of lien, signed by the Finance Director or his delegate, reflecting the information set forth in the list of assessments certified by the Board for entry in the appropriate lien docket. The claim of lien shall include a statement of the amounts assessed against each lot or parcel, the name of the owners, the date of the order or resolution levying the assessment and the date on which payment or application for installment payment is due. The County Clerk shall endorse thereon the date of the filing thereof and record and index it in an appropriate County lien docket. B. For properties known to be subject to bankruptcy proceedings, the lien may be filed separately consistent with the requirements of applicable bankruptcy law. C. Upon such entry in the lien docket, the final assessments and interest are a lien upon the land against which the same are assessed. Each lot or parcel is deemed to be benefited by the local improvement to the full amount of the final assessment levied thereon. The lien shall have priority over all other liens and encumbrances whatsoever to the fullest extent provided by law. D. No transfer, sale or division of any such lot or parcel, or change in the legal description thereof, in any way divests the lien from the original parcel and the whole thereof. Failing to enter the name of the owner or a mistake in the name of the owner does not in any way render void any estimated or final assessment and does not in any way affect the lien on the land described. E. All payments shall be entered in the lien docket and shall discharge the lien to the amount of such payment. Upon payment of the final assessment in full, the Finance Director or his delegate shall satisfy the same by filing with the County Clerk a satisfaction. The Clerk shall record the satisfaction in the lien docket referred to above, and the parcel of land charged with such assessment shall be thereby discharged from the lien. (Ord. 99-027 §4, 1999; Ord. 94-025 § 1, 1994) 12.48.260. When Assessment Due, Payable and Delinquent -Interest -By Whom Collected. A. Except as provided in DCC 12.48.260(B), 30 days after the final assessment is certified, the entire amount against each lot or parcel shall be due and payable at the office designated by the Board; and if not so paid, shall be delinquent from that date and shall bear interest at a rate established by the Board. B. The owner of property assessed under DCC 12.48 shall have the right to apply for installment payment of the assessment as provided in ORS 223.210. Notwithstanding ORS 223.210 (2), unless otherwise stated in the order of final assessment, the time period for making application for installment payments shall be within 30 days after the publication of notice of assessment. In no case shall the deadline for Deleted: 10 —0 Deleted: 01 Chapter 12.48 application for installment payments be fewer than 10 days after the publication of notice of assessment. C. The provisions of ORS 223.205 and 223.210 to 223.295 (Bancroft Bonding Act), 223.770 relating to the assessment of property benefited by public improvements and to the issuance of bonds and other obligations for the cost of the improvements, the provisions of ORS 287.502 to 287.515 relating to the issuance of improvement warrants by cities, and the provisions of ORS 288.165 relating to interim financing shall apply insofar as practicable and applicable in relation to the assessment by the County of the cost or any portion of the cost of local improvements against the property benefited in accordance with DCC 12.48 and to the issuance of bonds and other obligations by the County. However, notwithstanding the provisions of ORS 223.295 issuing bonds and other obligations under the provisions of DCC 12.48.260, a County may incur indebtedness to an amount not exceeding .0375 of the latest real market valuation of the County. D. Where, in ORS 223.205 to 223.295, 223.770 and 287.502 to 287.515, officials of governmental units or cities are referred to, the corresponding officials of Deschutes County, where applicable, shall perform the required functions. The duties required of the common council, board of trustees, or other governing body of a city shall be performed as to DCC 12.48.260 by the Board. The duties required of the auditor, Clerk or other officer charged with keeping the records of a city shall be performed as to DCC 12.48.260 by the County Clerk. The duties required of the mayor or other executive head of a city shall be performed as to DCC 12.48.260 by the chairman of the board. The duties of the city treasurer shall be perforned as to DCC 12.48.260 by the County Treasurer. (Ord. 94-025 §1, 1994) 12.48.270. Errors in Assessment Calculation or Determination. If the County finds that there has been an error in the calculation of the assessment or in any other aspect of the certification of the assessments, the Board may amend the order or resolution levying the assessments to correct such errors; cause the necessary correction to be made in the County lien docket; and send a corrected notice of assessment by mail. (Ord. 99-027 §5, 1999; Ord 94-025 §1, 1994) 12.48.275. Reinstatement of Liens Released in Error. A. In the event that any lien for an assessment for a local improvement that was validly imposed under law is released in error, the Board shall have the authority to order the reinstatement of the lien. B. An order or resolution reinstating such a lien shall contain the following information: the amount of the final assessment; a description of the affected property; the owner of record and the owner's address; and a statement that upon filing with the County Clerk and recording in the appropriate lien docket, the lien for the assessment shall be reinstated as a lien upon the subject property. C. The Board shall cause the order or resolution to be filed with the County Clerk for recording and entry in the appropriate lien docket. The Clerk shall cause a lien to be imposed on the subject property in the same manner as prescribed in DCC 12.48.230. The lien shall have the same effect as a lien imposed under DCC 12.48.230 and shall be treated as if it had never been released. D. The property owner shall receive notice of the reinstatement of the lien, but shall have no right to challenge such reinstatement unless it can be shown that the release was supported by payment in full of the outstanding assessment amounts. (Ord. 99-027 §6, 1999; Ord. 95-055 §1, 1995) 12.48.280. Deficit Assessments or Refunds When Initial Assessment Based on Estimated Cost. If it is found that the amount of the assessment is insufficient to defi-ay the expenses of the local improvement, the Board may, by motion, declare such deficit and declare a deficit assessment and shall mail — DO notice of the hearing to owners of the affected property. After such hearing, the Board shall make an Deleted: 01 Deleted: of — —� Chapter 12.48 12 equitable deficit assessment, by order or resolution, which shall be entered and recorded in the appropriate County lien docket as provided by DCC 12.48; and notices of the deficit assessment shall be mailed and the collection of the assessment shall be made in accordance with DCC 12.48 consistent with the collection of the original assessment. (Ord. 99-027 §7, 1999; Ord. 94-025 §1, 1994) 12.48.290. Rebates. If for any reason the County collects more than is due under DCC 12.48 or any order or resolution of the Board authorized herein, then the Board must ascertain and declare the same by order or resolution; and when so declared, the excess amounts must be entered on the lien docket as a credit on the appropriate assessment. In the event that the assessment has been paid, the person who paid the same or his legal representative, shall be entitled to the repayment of such rebate credit, or portion thereof, that exceeds the amount unpaid on the original assessment. Notice of the rebate shall be sent to the person who paid the amount at the person's last address as shown on the LID records of the County. If within 60 days the person cannot be located, payment shall be made to the current owner of the property from which overpayment arose without recourse against the County by the original payer. (Ord. 99-027 §8, 1999; Ord. 94-025 §1, 1994) 12.48.300. Curative Provisions. No assessment shall be rendered invalid by reason of a failure of the report to contain all of the information required by DCC 12.48; or by reason of a failure to have all of the information required to be in the order or resolution authorizing improvement, the order or resolution levying assessments, the lien docket or notices required to be published or mailed; nor by the failure to list the name of, or tax list of, or mail notice to, the owner of any property as required by DCC 12.48; or by reason of any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings or steps herein specified, unless it appears that the assessment is unjust in its effect upon the person complaining; and the Board shall have the power and authority to remedy and correct all such matters by suitable action and proceedings. (Ord. 99-027 §9, 1999; Ord. 94-025 § 1, 1994) 12.48.310. Remedies. Actions of the Board pursuant to DCC 12.48 are subject to judicial review exclusively by writ of review in accordance with the procedures in ORS 34.010 to 34.100. Review of an order or resolution of the Board directing that an improvement be made or levying an assessment may be commenced only by a property owner who has filed a written remonstrance or objection or who has remonstrated or objected in person at a hearing before the Board as provided in DCC 12.48. Failure to so remonstrate or object shall constitute a waiver and failure to exhaust administrative remedies. (Ord. 99-027 § 10, 1999; Ord. 94-025 § 1, 1994) 12.48.320. Collection. A. An assessment or installment payment is delinquent frorn the date it is due as ordered by the Board or specified by the Treasurer. Delinquencies shall accrue interest at a rate specified by the Treasurer. If any installment payment remains delinquent for a period of one year, the entire outstanding assessment amount shall then be accelerated and become due along with any interest and penalties. B. If any installment on any lien bonded as provided by law remains delinquent for a period of one year from the time it became due and payable, or at any time after 60 days from the time it became due and payable if not bonded, the County may order the initiation of foreclosure proceedings against the affected property. C. The order shall: 1. List the person or persons in default and the description of the property or properties on which the �ereted: ro sum or sums are owing; Deleted: of Chapter 12.48 13 (1202�0 2. State the sums due, including principal, interest and any late payment penalties or charges for each property in default; 3. Declare the entire balance of the assessment to be due and payable at once; and 4. Direct that all unpaid assessments, interest and penalties be collected in any manner provided by law. D. Enforcement of assessment liens and collection shall be carried out in conformance with ORS 223.505 to 223.650. (Ord. 94-025 §1, 1994) 12.48.330. Minimum Requirements for Local Improvements Involving Undeveloped Land. A. Prior to approval of local improvements specially benefiting properties that are predominantly undeveloped, the Board shall subject to DCC 12.48.330(B) and (C) find that each of the requirements listed in DCC 12.48.330(A) has been met or will be met prior to commencement of construction: 1. The value of the land and improvements for each of the lots or parcels to be assessed, other than those held by public agencies, exceeds the assessment by a ratio of no less than 2:1; 2. Any lots or parcels requiring conditional use approvals for dwellings in residential subdivisions are subject to clear and objective approval standards, and it can be demonstrated that there is a reasonable expectation that dwellings on such parcels can be approved; 3. All services (electricity, water, telephone, sewer, if applicable) have been installed in the right of way adjacent to the lot or parcel; 4. No lots or parcels to be assessed are subject to land sale contracts or are encumbered by a blanket mortgage, trust deed or land sale contract; 5. Proof of payment of all current and prior years' ad valorem taxes, interest and penalties for 90 percent of the lots in the development proposed to be assessed and 100 percent of the lots or parcels held by a developer; 6. Security in accordance with DCC 12.48.340 will be posted by the owner to cover 110 percent of the amount of the estimated assessment for each lot or parcel in excess of three lots or parcels held in single ownership. For purposes of DCC 12.48.340, separate properties each held in the names of separate spouses will be deemed to be held in single ownership. In addition, properties held in the name of a closely held corporation will be deemed to be held in the name of the principal shareholder. For purposes of DCC 12.48.340, the Board retains the right to ignore what it regards to be sharp transactions the purpose of which it finds to be to evade this provision. B. In addition, the County may require submission of such additional information as it deems necessary, such as but not limited to, financial statements, credit reports, title reports, etc., to evaluate the financial viability of the project and the risk to the County. C. The Board may at its discretion allow for a variance from any of the standards of DCC 12.48 if it determines, based upon the totality of the circumstances surrounding the LID, that risk to the County would not be appreciably heightened by relaxation of the standard in question. D. In any event, notwithstanding that the minimum standards of DCC 12.48 have been met, the Board may exercise its discretion to refuse to proceed with the local improvements if it concludes that the financial risks to the County of proceeding are too great. (Ord. 94-025 §1, 1994) 12.48.340. Interim Security. A. Security required by DCC 12.48.330 shall take the form of cash or a certificate of deposit deposited with the County or an irrevocable letter of credit in a form and issued by a financial institution acceptable to the County for 110 percent of the amount of the estimated assessment on each lot or parcel subject to this requirement. _ Deleted: 10 Deleted_01 Chapter 12.48 14 B. Such security shall be held for the period between commencement of construction until 90 days after the lien of the final assessment attaches to the subject property, unless the security is resorted to under DCC 12.48.340(C) or the Board abandons prosecution of the local improvement. C. The security shall serve as collateral for the owner's ability to provide a lien to the County at the completion of construction of the local improvements. If the posting party is not able to provide the County with a lien due to the stay of bankruptcy at the completion of construction of the local improvements, the County may: 1. Find the owner to be in breach and resort to the security for payment of the final assessment; or 2. Use the security as collateral for purposes of seeking relief from the stay of bankruptcy so as to allow assessment of the subject property or properties with the final assessment for the local improvements. D. The security and an agreement reflecting the terms of DCC 12.48 shall be in place prior to the awarding of contracts for construction of the local improvement. E. Cash deposited with the County shall be deposited in an interest bearing account, which interest shall be credited to the owner. F. To the extent that the security offered is segregable, the security will be released to the owner to reflect any reduction by bona fide sale in the number of lots or parcels held by the owner prior to commencement of construction. (Ord. 94-025 § I, 1994) Chapter 12.48 Deleted: 10 Deleted: of 15 Chapter 12.52. TRANSPORTATION PROJECT LIST AND PREpUALIFICATION OF _ , - Deleted: coxMU 'HOW of euBt tc rmeaovEmex rs CONTRACTORS 12.52.010. Adoption of Transportation Project List. 12.52.010. Adoption of Transportation Project List. The County shall maintain a list of transportation projects for capital construction in public right-of-way segments for which the County is the road authority. That list shall serve as a guide to the County in making expenditures for capital construction in the public right-of-way and in applying for grant funding to make such improvements. The Board shall n ayearly basis, upon the recormmendation of the Road Department,_ _ - Deleted: The initial list shall be that list adopted as part of the update the list by resolution. -----------------------------------------------------, . Ord. 98-049 1, 1998 County's Transportation System Plan, adopted in 1998. - - , Deleted: thereafter - _ _ _ - _ Deleted: at 12.52.020 Prequalification of Bidders Deleted: Ord. 20187-0012 §1, 20187; In order to be eligible for award of Deschutes County Road Department public works contracts, bidders must be prequalified in advance. Bidders must file for prequalifrcation with the Oregon Department of Transportation (ODOT) for bidding in the appropriate classes of work according to OAR chapter 734 Division-010. Contracts will only be awarded to bidders who at the time of bid opening are prequalified with ODOT in the appropriate classes of work, except that a bidder whose qualification has been revoked as provided in ORS 279C.430 may also be eligible under that statute, if the project was advertised prior to the revocation. The classes of work are listed in the Invitation to Bid and/or Information for Bidders. Prequalification under this section is the primary process for determining _qualification for Deschutes , - Deleted: excursive County Road Department public works contracts. If the Count is unable in conjunction with applicable timelines to ascertain whether a bidder is prequalified the bidder may be allowed to continue in the bid process subject to further due diligence review by the County should the bidder be determined to be the apparent low bidder Prequalification is intended for Prime Contractors; --Supplier and subcontractors_4!anot need to be prequalified. In any proceeding to consider whether an applicant is qualified, documentation of the denial Deleted: to or revocation of qualification used by ODOT shall constitute reasonable cause to conclude that a person is not sufficiently qualified under ORS 279C.440. A fording of qualification under this section shall not preclude County from denying a contract award to any bidder who is determined to be not responsible under ORS 279C.375(3)(a) and (b). (Ord. 2020-005 & 1, 2020- Ord. 2011-026 §6, 2011) Deleted: 0510 -[Deleted: 11 Chapter 12.52 1120 _ Chapter 13.04. WATER SUPPLY SYSTEMS 13.04.010. Authority. 13.04.020. Definitions. 13.04.030. Probable Cause. 13.04.040. Construction of Language. 13.04.050. Building Permit -Issuance Restricted When. 13.04.060. Non -issuance of Permit- Mandatory Investigation of Conditions -Public Hearing. 13.04.070. Right to Review Hearing. 13.04.080. Permit Issuance Restrictions- Expiration. 13.04.090. Permit Issuance Restrictions- Continuation Authorized When. 13.04.010. Authority. DCC 13.04 is adopted under the authority of ORS 455.02 _ _ _ _ _ - - Deleted: 456.755(4) (Ord. 2020-005 & 1, 2020; Ord. 203.12 §2, 1980) 13.04.020. Definitions. For the purposes of DCC 13.04, unless otherwise apparent from the context, certain words and phrases used in DCC 13.04 are defined as set forth in DCC 13.04.020. "Water supply system" means and includes terms defined in ORS 448.1 lf�. and includes anyphysically__ , - Deleted: 205(3), (5), (7), (14), (19) and (20) j interconnected set of facilities through which water is delivered to service connections for human consumption, regardless of ownership of the facilities and regardless of whether portions thereof may be isolated by closing valves. (Ord 2020-005 § 1, 2020- Ord. 95-036 § 1, 1995; Ord. 203.12 § 1(B), 1980) 13.04.030. Probable Cause. Probable cause shall be based upon one or more of the following: A. Notice from any state agency, political subdivision or municipal corporation with jurisdiction to regulate a water supply system's service standards to the effect that an inadequate water supply or public health hazard probably exists in a specified water system or part thereof. B. Notice from the State Health Division identifying a public health hazard in a defined area due to pollution of a water source or supply. C. Notice from the State Health Division identifying a lack of adequate water supply (as these terns are defined in ORS Chapter 44V in a municipal water supply system.- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ Deleted:.205 D. Tests or observations made by the Sanitarian, Health Officer, their deputies, contractors or agents, as to adequacy of supply, or tests or observations of the Building Official or his deputy. On the affidavit of any user of a water system, the Building Official may require a water system owner or operator to install a sealed accurate pressure gauge in the system at a time and location reasonably chosen by him to facilitate investigation of whether a water supply is adequate as defined by ORS Chapter 448,_ Prior to_, _ - �De el ted: 205(t) testing, the affiant shall deposit the estimated cost thereof with the County. If the Building Official finds that the material assertions in the affidavit are true, the deposit shall be refunded and the County may recover the cost of testing from the owner or operator. If the Building Official finds that such material assertions are false, the affiant's deposit shall be used to pay the cost of the test and any remaining balance shall be refunded. The County may recover any costs in excess of the deposit from - Deleted: 23-070 --- the affiant; provided, however, that the owner or operator shall, in any case, be liable for the cost of by Oregon Administrative Rules 333-06 tDeleted: 10 gauges required _ _ _ - _ _ _ _ _ _ _ _ _ _ -_ _- _ _ _ _ _ _ _ _, (Ord. 2020-005 S 1, 2020; Ord. 203.12 § 1(C), 1980) Deleted: Chapter 13.04 13.04.040. Construction of Language. Unless the context requires otherwise, the singular includes the plural and the definitions contained in ORS Chapter 444 appI to DCC 13.04. --— - - Deleted:.205 (Ord. 203.12 §7, 1980) -- ------------------------------------------ 13.04.050. Building Permit -Issuance Restricted When. The Deschutes County Building Official shall not issue permits governed by the Oregon State Structural Specialty Code and Fire and Life Safety Code, and must tell the applicant the reason for not issuing a permit when he has probable cause to believe that the permit would allow construction of a building that would use a water supply system or part thereof that creates a public health hazard, does not deliver an adequate water _ _.._ supply as these terms are defined in ORS Chapter 44$p or does not satisfy the applicable standards set forth , - Deleted:.205 -snots -- - ---------- in Oregon Administrative Rules, including OAR 333-06L -Promptly upon discovering such probable cause,__ _ _ Deleted: 860-23-060 to 860-23-070 --- the Building Official should send a list of probable deficiencies in the water system which prevent issuance - -- - of building permits to the owner or operator of such water supply system serving the proposed site, and the responsible state, federal and local regulatory agency. (Ord. 2020-005 § 1, 2020; Ord. 203.12 § 1(A), 1980) 13.04.060. Nonissuance of Permit- Mandatory Investigation of Conditions -Public Hearing. A. When the Building Official has probable cause not to issue a permit as provided by DCC 13.04, he shall promptly notify the Board. The County Sanitarian or the Building Official shall then continence an investigation of the health hazard or inadequate water supply. This investigation shall at least include testing the pressure delivered by the water supply systems within the area in which there is probable cause to believe the water supply is inadequate. If the Building Official has probable cause to believe that injurious physical elements or disease -producing bacteria are present in the water supply, the investigation shall include obtaining the results of a test of purity of the water supply made by an impartial testing laboratory or by a state agency made after the discovery of facts constituting probable cause. On written request by the Building Official or any state agency which has sent a notice under DCC 13.04.030, the Board may summarily order the Building Official to resume issuing permits and to dismiss proceedings should probable cause to deny permits no longer exist. B. Within 90 days after the decision not to issue a building permit, pursuant to DCC 13.04.020, 13.04.030 and 13.04.050, or upon completion of the investigation, the Board shall hold a public hearing upon 10 days' notice published in a newspaper of general circulation within the affected system and/or part thereof and mailed to any applicant whose building permit application cannot be approved because of DCC 13.04, to persons supplying water for domestic purposes within the system, the state agencies regulating the service standards of the affected water supply system, and any user of the affected system who has submitted an affidavit to the County alleging existence of a public health hazard or inadequate water supply within the system. C. The hearing may be conducted in accordance with the hearing procedure set forth in DCC 18.06, or such other procedure as the Board may announce beforehand. D. Following the close of the hearing, the Board shall make findings on the existence of a public health hazard within the system, the adequacy of the water supply, and whether these problems would be aggravated or prolonged by the issuance of building permits for buildings including plumbing, as appropriate. E. Based on such findings, the Board may, by order, allow resumption of the issuance of building pennits within a defined area, extend the restriction on the issuance of building permits within a defined area, or make any other lawful, appropriate order which is consistent with its findings. (Ord. 86-025 §2, 1986; Ord. 203.12 §4, 1980) Deleted: 10-� Deleted: 01 Chapter 13.04 13.04.070. Right to Review Hearing. Nothing in DCC 13.04 prevents a review of denial of a building permit by a due process hearing pursuant to DCC 18.16. The burden of proof shall be that the water supply system will satisfy state standards for purity and/or adequacy (depending on the grounds for denial), even if the building permit is issued. (Ord. 86-025 § 1, 1986; Ord. 203.12 §3, 1980) 13.04.080. Permit Issuance Restrictions- Expiration. Absent any order of the Board, the restriction on issuance of building permits imposed by DCC 13.04 shall expire and be of no further force and effect 90 days after its inception. (Ord. 203.12 §5, 1980) 13.04.090. Permit Issuance Restrictions- Continuation Authorized When. If the Board finds that the investigation or proceedings prescribed in DCC 13.04 would duplicate a pending investigation or proceeding carried on by any state or federal agency, it shall promptly request an expedited decision from such agency, and may dismiss or defer its proceedings. Notwithstanding the limitation imposed by DCC 13.04.080, unless the Board orders otherwise, the restriction on the issuance of building permits imposed by DCC 13.04 will continue until the Board receives notice from the state agency to the effect that no public health hazard or inadequate water supply exists in the area under investigation, or that these conditions would not be caused, aggravated, or prolonged by the issuance of permits for buildings including plumbing. (Ord. 203.12 §6, 1980) Deleted: 10 Deleted: 01 Chapter 13.04 3 Chapter 13.12. GENERAL PROVISIONS 13.12.010. Short Title. 13.12.020. Authority. 13.12.030. Purpose and Policy. 13.12.040. Definitions. 13.12.045. Definition -Administrator. 13.12.050. Definition -Board. 13.12.055. Definition -Collection Franchise. 13.12.060. Definition -Collection Vehicle. 13.12.065. Definition -Commercial Hauler. 13.12.070. Definition -Committee. 13.12.075. Definition -Compensation. 13.12.080. Definition -Depot. 13.12.085. Definition -Disposal. 13.12.090. Definition -Disposal Franchise. 13.12.095. Definition -Disposal Site. 13.12.100. Definition -Franchise. 13.12.105. Definition -Franchisee. 13.12.110. Definition -Generator. 13.12.115. Definition -Hazardous Waste. 13.12.120. Definition -Incinerator. 13.12.125. Definition -Infectious Waste. 13.12.130. Definition -Landfill. 13.12.135. Definition -Noncommercial Hauler. 13.12.140. Definition -On -Route Collection. 13.12.145. Definition -Person. 13.12.150. Definition-Putrescible Material. 13.12.155. Definition -Recyclable Material grnd Recyclable. _ _ _ - _ - - - - _ _ _ - - - _ - - Deleted: A 13.12.160. Definition -Recycle _V Recycling._ _ - - - _ _ _ - - _ _ _ _ _ _ _ _ _ ._ _ _ - Deleted: O 13.12.165. Definition -Regulations. ---- 13.12.170. Definition -Resource Recovery. 13.12.175. Definition -Reuse. 13.12.180. Definition -Rules. 13.12.185. Definition -Sanitary Landfill. 13.12.190. Definition -Self -Hauling. 13.12.195. Definition -Service. 13.12.200. Definition -Service Area. 13.12.205. Definition -Solid Waste. 13.12.210. Definition -Solid Waste Management. 13.12.215. Definition -Transfer Station. 13.12.220. Definition -Waste. 13.12.225. Definition-Wasteshed. 13.12.230. Construction, 13.12.010. Short Title. The ordinance codified in DCC 13 shall be known as the "Solid Waste Management Ordinance." (Ord. 85-037 §1.01, 1985) -- - Deleted: 10 rDeleted: 01 Chapter 13.12 1 13.12.020. Authority. The ordinance codified in DCC 13 is adopted pursuant to ORS 190, 203 and 459. (Ord. 85-037 §3.01, 1985) 13.12.030. Purpose and Policy. To protect the health, safety and welfare of the people of the County, to provide an integrated solid waste management program, and to provide the opportunity to recycle, it is declared to be the policy of the County to regulate solid waste management by: A. Following the priorities on managing solid waste provided in ORS 459.015(2), giving due consideration to economic and technical feasibility. B. Providing for the safe and sanitary accumulation, storage, collection, transportation and disposal of solid waste. C. Prohibiting accumulation of waste or solid waste on private property in such manner as to create a public nuisance, a hazard to health or a condition of unsightliness, and to provide for the abatement of such conditions where found. D. Providing the opportunity to recycle as part of the overall solid waste collection, transportation and disposal systems, taking advantage, where possible, of integrated area -wide service, promotion, education and marketing. E. Developing a regional long-range plan to provide adequate disposal and recycling sites and facilities to meet future demands. F. Providing for an integrated County -wide solid waste management and recycling plan in cooperation with federal, state and local agencies responsible for the prevention, control or abatement of air, water and ground pollution and prevention of litter. G. Providing for public input in solid waste management and recycling through the Solid Waste Advisory Committee. H. Providing for an integrated solid waste management and recycling plan with cities within the County and with other counties or cities should regional plans be developed. 1. Providing for cooperation and agreements between the County and other counties involving joint or regional franchising of solid waste collection, disposal and recycling. J. Providing minimum standards for location and operation of solid waste disposal and recycling sites to protect adjacent and nearby residents. K. Providing for and encouraging research, studies, surveys and demonstration projects on developing more sanitary, efficient and economical solid waste management systems. L. Encouraging utilization of the capabilities and expertise of private industry in accomplishing the purposes of DCC 13.12. (Ord. 91-004 §1,1991; Ord. 85-037 §2.01, 1985) 13.12.040. Definitions. For the purpose of DCC 13.12, and where appropriate in the context, words used in the present tense include the future, the singular number includes the plural, the word "shall" is mandatory and not directory, and the term "this division" shall be deemed to include all amendments hereafter made to Division III of DCC 13. (Ord. 91-004 §1, 1991; Ord. 85-037 §4.01, 1985) 13.12.045. Definition -Administrator. "Administrator" means the Director of�Solid Waste DeUartrnent or other person designated by resolution of , - Deleted: Public Works, Director of Transportation and the Board to administer this division, and the duly authorized deputy or assistant of such person. (Ord. 2020-005 § 1, 2020; Ord. 91-004, § 1, 1991; Ord. 85-037 0.01, 1985) Deleted- 10 ,' Deleted:01 -- - Chapter 13.12 2 (1202�(l 13.12.050. Definition -Board. "Board" means the Board of County Commissioners. (Ord. 85-037 §4.01, 1985) 13.12.055. Definition -Collection Franchise. "Collection franchise" means a franchise to collect, transport, dispose of, deposit or store solid waste and recyclable materials. (Ord. 85-037 §4.01, 1985) 13.12.060. Definition -Collection Vehicle. "Collection vehicle" means any vehicle used to collect or transport solid waste and recyclable material. (Ord. 85-037 §4.01, 1985) 13.12.065. Definition -Commercial Hauler. "Commmercial hauler" means a collection franchisee whose principal business is the collection, transportation and disposal of solid waste and recyclable material. (Ord. 85-037 §4.01, 1985) 13.12.070. Definition -Committee. "Committee" means the Solid Waste Advisory Committee. (Ord. 85-037 §4.01, 1985) 13.12.075. Definition -Compensation. "Compensation" means any type of consideration given for service, including, but not limited to, direct or indirect compensation by tenants, occupants, licensees or similar persons. (Ord. 85-037 §4.01, 1985) 13.12.080. Definition -Depot. "Depot" means a permanent or temporary facility, container or box provided for persons to deposit totally source -separated materials for recycling or reuse. (Ord. 85-037 §4.01, 1985) 13.12.085. Definition -Disposal. 'Disposal' means accumulation, storage, collection, transportation and disposal of solid waste (Ord. 85-037 §4.01, 1985) 13.12.090. Definition -Disposal Franchise. "Disposal franchise" means a franchise to create or maintain a disposal site. (Ord. 85-037 §4.01, 1985) 13.12.095. Definition -Disposal Site. "Disposal site" means any land and facilities used for the disposal, handling or transfer of or resource recovery from solid waste, including, but not limited to, dumps, sludge lagoons and treatment facilities, landfills, sanitary landfills, composting plants, transfer stations and incinerators. 'Disposal site" does not Deleted:.740 or 481.345_ include a landfill site which is subject to the permit requirements of ORS 468B.050 or a site which is not ,' Deleted: 10 J used by the public either directly or through a service and which is used by the owner or person in control Deleted: 01 Chapter 13.12 3 (120Q�)_ thereof to dispose of wood scrap, sawdust, bark, soil, rock, building demolition material or nonputrescible industrial waste products resulting from the process of manufacturing. (Ord. 2020-005 §1, 2020, Ord. 85-037 0.01, 1985) 13.12.100. Definition -Franchise. "Franchise" means a license to provide service issued by the Board for a fee pursuant to DCC 13. (Ord. 85-037 §4.01, 1985) 13.12.105. Definition -Franchisee. "Franchisee" means a person to whom the Board has granted a fianchise. (Ord. 85-037 §4.01, 1985) 13.12.110. Definition -Generator. "Generator" (of solid waste) means a person who possesses and controls an item or material immediately prior to and at the time it becomes a waste or solid waste, or a person who last used an item or material and makes it available for recycling or reuse. (Ord. 85-037 §4.01, 1985) 13.12.115. Definition -Hazardous Waste. "Hazardous waste" means any waste defined as hazardous waste in ORS 466.005(7). (Ord. 95-036 §1, 1995; Ord. 91-004 §1, 1991; Ord. 85-037 §4.01, 1985) 13.12.120. Definition -Incinerator. "Incinerator" means a combustion device specifically designed for the reduction by burning of solid, semisolid or liquid waste. (Ord. 85-037 §4.01, 1985) 13.12.125. Definition -Infectious Waste. "Infectious waste" means biological waste, cultures and stocks, pathological waste and sharps, including medical waste, as defined in ORS 459.38k________-_-____________________________- Deleted:(2) (Ord. 2020-005 §1, 2020; Ord. 95-036 §1, 1995; Ord. 91-004 §1, 1991) 13.12.130. Definition -Landfill. "Landfill" means a disposal site operated by means of compacting and covering solid waste at specific designated intervals, but not each operating day. (Ord. 85-037 §4.01, 1985) 13.12.135. Definition -Noncommercial Hauler. "Noncommercial hauler" means a collection franchisee whose principal business is other than the collection, transportation and disposal of solid waste and recyclable material. (Ord. 85-037 §4.01, 1985) 13.12.140. Definition -On -Route collection. "On -route collection" means pickup of source -separated recyclable material from the generator at the place of generation. (Ord. 85-037 §4.01, 1985) Deleted: 10 Deleted: 01 (12/204)_1% Chapter 13.12 4 13.12.145. Definition -Person. "Person" means and includes individuals, corporations, associations, firms, partnerships and joint stock companies. (Ord. 85-037 §4.01, 1985) 13.12.150. Definition-Putrescible Material. 'Putrescible material' means organic material that can decompose and may give rise to foul smelling, offensive products. (Ord. 85-037 §4.01, 1985) 13.12.155. Definition -Recyclable Material and Recyclable. 'Recyclable material' and "recyclable" mean any material that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material, or those materials listed or approved as recyclable material by the Board or the Oregon Department of Environmental Quality for Deschutes County, pursuant to ORS 459A.02 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Deleted: 170 (Ord. 2020-005 ' 1�_Ord. 91-004 § 1, 1991; Ord. 85-037 §4.01, 1985) 13.12.160. Definition -Recycle or Recycling. "Recycle" or "recycling" means the use of any process by which solid waste is transformed into new products in such a manner that the original material may lose its identity. (Ord. 85-037 §4.01, 1985) 13.12.165. Definition -Regulations. "Regulations" means regulations promulgated by the Board pursuant to DCC 13 (Ord. 85-037 §4.01, 1985) 13.12.170. Definition -Resource Recovery. "Resource recovery" means the process of obtaining useful material or energy resources from solid waste, including recycling and reuse. (Ord. 85-037 §4.01, 1985) 13.12.175. Definition -Reuse. "Reuse" means return of material into the economic stream for the use in the same kind of application as before without change in its identity. (Ord. 85-037 §4.01, 1985) 13.12.180. Definition -Rules. "Rules" means rules promulgated by state agencies pursuant to ORS 459. (Ord. 85-037 § 4.01, 1985) 13.12.185. Definition -Sanitary landfill. "Sanitary landfill" means a disposal site operated by means of compacting and covering solid waste at least once each operating day. (Ord. 85-037 §4.01, 1985) Deleted: 10 1 Deleted- 01 Chapter 13.12 5 G2V202WJJ 13.12.190. Definition -Self -Hauling. "Self -hauling" means transportation by a generator of such person's own waste, solid waste or recyclable material directly to a disposal or recycling site or depot. "Self -hauling" includes the transportation of solid waste or recyclable material which the generator produces as an incidental part of the generator's business, such as waste incidental to restaurants, janitorial service, gardening or landscaping, carpentry, remodeling, etc. Waste incidental to the generator's business does not include the accumulated or stored waste, of the generator's customers or clients. (Ord. 85-037 §4.01, 1985) 13.12.195. Definition -Service. "Service" means collection, transportation, transfer, disposal or recycling of solid waste or recyclable material for compensation. "Service" does not include self -hauling. (Ord.85-037 §4.01, 1985) 13.12.200. Definition -Service Area. "Service area" means the geographical area or premises in which service, other than operation of a disposal site, is or has been provided. (Ord. 85-037 §4.01, 1985) 13.12.205. Definition -Solid Waste. "Solid waste" means all putrescible and nonputrescible waste, whether in solid or liquid form, except liquid -carried industrial waste or sewage or sewage sludge hauled as an incidental part of a septic tank or cesspool cleaning service, but including garbage, rubbish, ashes, paper, cardboard, sewage sludge, street refuse, industrial waste, infectious waste, swill, demolition and construction waste, inoperative and/or unlicensed or dismantled or partially dismantled vehicles or parts thereof, discarded home or industrial appliances, manure, vegetable or animal solid and semisolid waste, dead animals or other discarded solid material. (Ord. 92-071 §1, 1992; Ord. 91-004 §1, 1991; Ord. 85-037 §4.01, 1985) 13.12.210. Definition -Solid Waste Management. "Solid waste management" means prevention or reduction of solid waste accumulation, including management of storage, collection, transportation, treatment, utilization, processing and final disposal or salvage, source -separation, recycling or reuse of the resource recovery from solid waste, and necessary facilities therefor. (Ord. 85-037 §4.01, 1985) 13.12.215. Definition -Transfer Station. "Transfer station"' means a fixed or mobile facility normally used as an adjunct of a solid waste collection and disposal system or resource recovery system between a collection route and a disposal site. (Ord. 85-037 §4.01, 1985) 13.12.220. Definition -Waste. "Waste" means useless, unwanted or discarded material. (Ord. 85-037 §4.01, 1985) 13.12.225. Definition-Wasteshed. "Wasteshed" means the geographical area within the County. (Ord. 91-004 § 1, 1991; Ord. 85-037 §4.01, 1985) Chapter 13.12 6 Deleted: 10 Deleted: 01 13.12.230. Construction. The titles of sections in DCC 13 are not a part of the contents or the provisions of DCC 13, but are solely for purposes of reference. (Ord. 95-036 §1, 1995; Ord. 85-037 §14.011, 1985) fDeleted:l0 Deleted_ 01 Chapter 13.12 7 (2/202-q)J Chapter 13.16. ADMINISTRATION 13.16.010. Administrative Authority -Right of Entry. 13.16.020. Exemptions. 13.16.030. Solid Waste Advisory Committee -Established. 13.16.040. Solid Waste Advisory Committee -Appointment -Officers and, Meetings. _ _ _ _ _ _ _ _ _ _ - Deleted: 13.16.050. Solid Waste Advisory Committee -Duties. 13.16.060. Regional Solid Waste Committee. 13.16.070. Disposal and Recycling Sites -Management. 13.16.010. Administrative Authority -Right of Entry. The Administrator, under the supervision of the Board and with the assistance of the committee, shall be responsible for the enforcement of DCC 13.12 through 13.40. In order to carry out the provisions of DCC 13, the Administrator shall enter or authorize personnel to enter on the premises of any person subject to DCC 13 at reasonable times and in a reasonable manner to determine compliance with DCC 13, regulations and franchises promulgated and issued pursuant thereto. (Ord. 85-037 §5.01, 1985) 13.16.020. Exemptions. DCC 13 shall not apply to: A. Areas lying within the limits of any incorporated municipality actively operating as such in the absence of a mutual agreement between the city and the County; B. Federal or state agencies that collect, store, transport or dispose of waste or solid waste, or those persons who contract with such agencies to perform service, but only as to the terms for collection and disposal service under the contract. This exemption does not apply to disposal at a disposal site operated by a franchisee under DCC 13; C. Auto dismantling pursuant to ORS 822"10Qthrough 822.15Q: _ _ _ - _ _ _ _ _ _ _ .- _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: 481.345 D. The collection, transportation and reuse or recycling of totally source -separated materials by religious, Deleted: 481.370 charitable, benevolent or fraternal organization for fund raising, or by any person when the source -separated materials are generated by the person and are purchased from or exchanged by the generator for fair market value for reuse or recycling; E. The collection, transportation, deposit and disposal by the owner of residential property of solid waste or recyclable material generated by tenants or occupants of the property. For purposes of DCC 13.16.020, "residential property" means real property or improvements, or both, in or upon which a person resides, and includes any structure used as a residence, either primary or secondary; F. Any person or practice which is exempted by resolution of the Board. In determining whether to exempt a person or practice pursuant to DCC 13.16.020, the Board shall consider the following factors: 1. The impact of granting the exemption upon affected existing franchises, 2. The impact of requiring the affected person to obtain a franchise, 3. The impact of granting or denying the exemption on the quality of solid waste collection, transportation, deposit and disposal for the affected persons; G. In addition to the exemptions of DCC 13.16.020(A), DCC 13.36.010, 13.36.030, 13.36.050 and 13.36.060 shall not apply to: 1. Disposal sites franchised under the provisions of DCC 13.12 through 13.40 and in compliance with DCC 13. 2. Agricultural operations, growing or harvesting crops and the raising of fowl or animals. (Ord.2020-005 §1,2020; Ord.85-037 §5.02,1985) Deleted: 10 Deleted: 01 Chapter 13.16 1 (14202_W_,1� 13.16.030. Solid Waste Advisory Committee -Established. There shall be a Solid Waste Advisory Committee. A. The Solid Waste Advisory Committee shall consist of nine members, as follows: 1. One member with an engineering or technical background, 2. One member who is a franchisee under DCC 13.24.030, or the franchisee's designated representative, 3. One elected or appointed official member from each of the three incorporated cities within Deschutes County (Sisters, Redmond and Bend), 4. One member who is a designated representative of the principle organization responsible for marketing recyclables collected within the wasteshed, 5. One member from the accounting or banking profession, 6. Two lay members. B. The County Sanitarian shall be an advisor to the committee. (Ord. 92-072 § 1, 1992; Ord. 85-037 §6.01, 1985) 13.16.040. Solid Waste Advisory Committee -Appointment-Officers and Meetings. A. Members, ex officio and advisors shall be appointed by the Board. The Board may appoint additional persons to the committee in these categories. The Board may appoint or approve designation of alternates to serve in the absence of persons appointed to the committee. B. Public employee members shall serve for the terns of their offices. Appointment of other persons as members shall be for staggered terns not to exceed four years. Members shall serve until their successors are appointed and qualified. Vacancies shall be filled by the Board for the balance of the unexpired terms. C. The Board shall appoint one member as chairperson and another as vice chairperson, both of whom shall serve in that capacity at the pleasure of the Board. Five members of the committee shall constitute a quorum for the transaction of business. The cormmittee shall meet at such times as deemed necessary or as called by the Board. The chairperson or any three members of the committee may call a special meeting with 10-day notice to other members of the committee; provided, however, that members may waive such notice. (Ord. 85-037 §6.02, 1985) 13.16.050. Solid Waste Advisory Committee -Duties. In addition to other duties prescribed by DCC 13, the committee shall: A. Make an annual report to the Board containing recommendations on development and implementation of a solid waste management plan and any necessary regulations or amendments to DCC 13. B. In consultation with responsible public officials and with persons providing service: 1. Develop and periodically review a solid waste management plan including regional disposal and recycling sites and necessary disposal and recycling systems for review, adoption or modification by the Board; 2. Develop and recommend to the appropriate agency or the Board minimum standards for location and operation of disposal and recycling sites, including, but not limited to, protection of adjacent and nearby residents. C. Perform such other duties as are directed by the Board or as the committee may find necessary to effectively carry out the purposes of DCC 13. (Ord. 85-037 §6.03, 1985) ------- --- Deleted: 10 Deleted: 01 Chapter 13.16 2 (��� 13.16.060. Regional Solid Waste Committee. The Board may appoint one or more members of the cormnittee to serve on any regional solid waste committee to advise the Board. (Ord. 85-037 §6.04, 1985) 13.16.070. Disposal and Recycling Sites- Management. Upon its own motion or upon recommendation of the committee, the Board may adopt reasonable and necessary regulations governing disposal and recycling sites or implementing DCC 13. Such regulations shall conform to ORS 459 and rules promulgated pursuant thereto. (Ord. 85-037 § 7.01, 1985) D leelee ted: l0 Deleted: 01 Chapter 13.16 3 (1202�0 Chapter 13.36. NUISANCES AND ABATEMENT 13.36.010. Creation of Nuisance. 13.36.012. Definition -Nuisance. 13.36.020. Disposal Site -Board Approval -Nuisances. 13.36.030. Unauthorized Disposal Prohibited. 13.36.040. Transportation of Solid Waste. 13.36.045. Transportation of Dirt, Aggregate, Demolition Materials, Solid Waste and Waste on , - Deleted: — County Property. 13.36.050. Abatement of Nuisances. 13.36.010. Creation of Nuisance. Except as otherwise authorized under DCC 13.36, no person shall create or maintain a nuisance on private property. Such nuisances are declared to be public nuisances which may be abated as provided under DCC 15.04.070 or by instituting court proceedings. (Ord. 95-002, §1, 1995; Ord. 85-037 §12.01(1), 1985) 13.36.012. Definition -Nuisance. A. "Nuisance" includes: 1. All open holes, wells, cisterns, cesspools, or unsanitary septic tanks, foundations or nonoperating refrigerators, freezers, or iceboxes with attached doors; 2. Solid waste; as defined under DCC 13,12.205; 3. Those definitions of nuisance pursuant to DCC 12.35.160, 15.04.190, and 18.144.040; or 4. Land that as a result of grading operations, excavation or fill causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to adjacent properties or to the public health, safety and welfare. B. Except as to regulations allowed by ORS 475B.486, and/or ORS 475B.928, eenerally accepted,__ - Deleted: G reasonable and prudent farming and forest practices as described in ORS 30.930 to 30.937 and DCC 9.12 do not constitute nuisances under DCC 13.36.012. (Ord. 2020-005 § 1, 2020; Ord. 95-024 § 13, 1995; Ord. 95-002 §4, 1995) 13.36.020. Disposal Site -Board Approval- Nuisances. Except as provided in DCC 13.16.020 and in the definition of "disposal site" in DCC 13.12.040, no person shall use or permit to be used any land within the County as a public or private disposal site without approval of the Board. The disposal of waste or solid waste in or upon such land is declared to be a public nuisance which may be abated as provided in DCC 13.36.050. (Ord. 85-037 §12.01(2), 1985) 13.36.030. Unauthorized Disposal Prohibited. No person shall dispose of solid waste on or in any property or premises subject to DCC 13 of which such person is not the owner, occupant or person entitled to possession, or which is not a disposal site approved by the Board. (Ord. 85-037 §12.04, 1985) Deleted: 0 ' Deleted:01 -� Chapter 13.36 13.36.040. Transportation of Solid Waste. A. No person shall transport waste or solid waste in or on a motor vehicle or trailer upon a public road unless such waste or solid waste is covered and secured. B. "Covered and Secured" includes: 1. Loads which are totally contained within an enclosed vehicle or container; 2. Loads of refuse contained in garbage cans with tightly fitting lids, tied plastic refuse disposal bags or similar totally enclosed individual containers and are completely contained within the walls of a vehicle or container, such that none can reasonably be expected to escape during hauling; 3. Loads of refuse which are covered, as with a cloth or plastic tarp, and tied into the hauling vehicle, such that no refuse can reasonably be expected to escape during hauling; 4. Loads of brush, building materials and similar bulky materials which are tied into the hauling vehicle or completely contained within the walls of a vehicle or container, such that none can reasonably be expected to escape during hauling; or 5. Loads consisting entirely of rock, concrete, asphalt paving, stumps and similar materials and are completely contained within the walls of a vehicle or container, such that none can reasonable be expected to escape during hauling. (Ord. 2001-030 §2, 2001; Ord. 85-037 §12.05, 1985) 13.36.045. Transportation of Dirt, Aggregate, Demolition Materials, Solid Waste and Waste on County Property. No person shall transport dirt, aggregate, solid waste or waste in or upon a motor vehicle or trailer upon property owned by Deschutes County unless such dirt, aggregate, solid waste or waste is: A. Covered on the sides, top and bottom with a cover secured to the vehicle or trailer; or B. Is contained within a vehicle or trailer in such a way that the dirt, aggregate, solid waste or waste will not shift, leak or otherwise escape therefrom. (Ord. 90-008 §1, 1990) 13.36.050. Abatement of Nuisances. A. Except as otherwise authorized under Deschutes County Code, the condition of a building or land which has been determined to constitute a nuisance is in violation of this code, and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedures provided under DCC 15.04.070 (Abatement of Dangerous Buildings). B. Nothing in DCC 13.36 shall be deemed to limit or otherwise modify the ability of the Board and/or any person who has suffered special damage from the nuisance, to abate nuisances through alternative remedies as provided for under the law. (Ord. 95-002 §2, 1995; Ord. 88-002 § 1, 1988; Ord. 85-037 § 12.02, 1985) Deleted:0 _.._-.. -- Deleted:01 Chapter 13.36 2 (14202-W_/ CHAPTER 13.44. CABLE FRANCHISES 13.44.1. Purpose and Intent. 13.44.2. Definitions. 13.44.3. Authority. 13.44.4. Grant of Franchise; Renewal. 13.44.5. Administration of Cable Communications Chapter and Franchise. 13.44.6. Intergovernmental Agreements. 13.44.7. Violation; Penalties and Remedies. 13.44.8. Severability. 13.44.1. Purpose and Intent. The Deschutes County Board of County Commissioners has determined that it is in the public interest and necessary for the promotion of the safety, convenience and general welfare of the citizens of the County to have a county code _chapter which authorizes the County to grand , - {Deleted: nonexclusive franchises and regulate the use of rights of way, and identifies the conditions upon which the County will grant a franchise or franchises allowing the construction, maintenance and operation of a cable communications system within public rights of way located outside of incorporated cities within the County. (Ord. 2020-005 1, 202Q) {Deleted: Ord. 2018-001 §1, 2018 13.44.2. Definitions. For the purposes of this chapter, unless the context requires otherwise: A. "Access" means the availability for use by various agencies, institutions, organizations, groups and individuals in the community, including the County and its designees, of the cable communications system to acquire, create, and distribute programming not under the franchisee's editorial control, including, but not limited to, public, educational and government programming. B. "Cable communications system" means a system of plant, facilities, equipment, and closed signal transmission paths, including, without limitation, antennas, cables, fiber optics, amplifiers, towers, microwave links, studios, real and personal property, direct broadcast satellite service, and any and all other conductors, home terminals, converters, remote control units, and all associated equipment or facilities designed and constructed for the purposes of distributing cable service to subscribers and of producing, receiving, amplifying, storing, processing or distributing audio, video, voice, digital, analog or other forms of electronic or optical signals, whether processed by or owned, rented, leased, leased -purchased or otherwise controlled by or within the responsibility of the franchisee. C. "Cable service" means programming, in any combination, provided on the cable communications system to subscribers. Deleted: of 4 D. "Franchise" means the privilege conferred upon a person, firm or organization by the County Deleted: - to operate a cable communications system under the terms and provisions of this chapter. Deleted: - Deleted: Ex. A- Ordinance No. 2008- uii Deleted: 011 Deleted:1/30/08 Page IPCC13.44 (12/20 )- ___-.-_-.___-_-__J_' E. "Franchisee" means the person, firm or organization to which a franchise is granted to operate a cable communications system pursuant to the authority of this chapter. F. "Leased access channel" means any channel or portion of a channel commercially available for programming for a fee or charge by persons other than thefranchisee. G. "Programming" means the process of causing television programs or other patterns of signals in video, voice or data formats to be transmitted on the cable communications system, and includes all programs, or patterns of signals transmitted or capable of being transmitted, on the cable system. H. "Public rights of way" means the surface of, and the space above and below, any public street, road, alley, highway, dedicated way, local access road or road easement used or intended to be used by the general public for motor vehicles, and any utility easement within the County, to the extent the County has the right to allow the franchisee to use them. 2020-005 61, 20� - eleted D: Ord. 2018 (Ord. -------------------------- - - - - -- Deleted: 08 13.44.3. Authority. Deleted: -001 The Board of County Commissioners of Deschutes County affirms, ratifies, recognizes, declares \ \ Deleted: 11_ and establishes the authority to regulate the construction, operation and maintenance of cable Deleted: §t,z018 communications systems (hereinafter "systems") for the unincorporated area of the County and to Deleted: 08 � exercise all powers necessary for that purpose, including, but not limited to, the following: — A. To grant by order nonexclusive franchises for the development and operation of a system or systems; B. To impose different franchise requirements based on reasonable classifications; C. To contract, jointly agree or otherwise provide with other local or regional governments, counties or special districts for the development, operation, and/or regulation of systems, or franchises therefor, notwithstanding the fact that the systems extend beyond the jurisdiction of the County; D. To purchase, hire, construct, own, maintain, operate or lease a system and to acquire property necessary for any such purpose; E. To regulate and supervise all facets of a system, including, but not limited to: 1. Consumer service, consumer protection and privacy standards; 2. Disputes among the County, franchisees, andsubscribers; 3. Franchisee fair employment practices; 4. The development, management and control of access channels; 5. Programming, channel capacity and system interconnections; 6. Rates and review of finances for rate adjustments; 7. Construction timetables, standards, and service extension policies; 8. Modernization and upgrade of technical aspects; 9. Leased access channels; 10. Ensuring adherence to Federal, State and local regulations; 11. Franchise transfer and transfer of control orownership; 12. Franchise renewal; 13. Franchise revocation; 14. Enforcement of buy-back, lease -back or option-to-purchaseprovis ions; Deleted: of 15. Receivership and foreclosure procedures; 16. Compliance with County standards for public rights of way; Deleted: - 17. Regulate telecommunications utilities which operate a cable communications system; Deleted: - "' • Deleted: Ex. A Ordinance No. 2008-011 'Deleted: 1/30/08 Page 2 DCC13.44(OS/202- - - - _ _ - - - - - - - 18. Regulate direct broadcast satellite service. F. To reserve the power to exercise this grant of authority to the fullest extent allowed by law, and in a manner that is consistent with superior law. 10rd_2020-005 § 1, 202Q) _ _ _ _ _ - _ _ .- _ - - - _ -, - - 13.44.4. Grant or Franchise; Renewal. Deleted: If and when the County is authorized to regulate direct broadcast satellite systems, it elects to do so and will require the granting of a franchise prior to a person providing such service.¶ A. In the event that the Board finds it in the best interests of the County to consider granting a `" IJ Deleted: ( franchise for a system, the County Administrator shall be directed to prepare a proposed ;\ Deleted_ Ord. 2018-001 franchise, containing at least the following requirements for presentation to the operator: Deleted: 08-011 1. The length, renewal and transfer or assignment of the franchise, including foreclosure and `` - Deleted: §1, 2018 - � receivership provisions; Deleted: 08 2. A description of the franchise territory and the extension ofservice; 3. Access requirements; 4. The system design; 5. Technical performance standards; 6. Fees, records and reporting; 7. Indemnification, insurance, and liability for damages; and B. The Board, b order or resolution, may approve thepro osed franchise, as ro osed, or. -y--------- - resolution, p-----------�- p--------�- " _ Deleted: <#>Provision of an option the revocation for the County to or expiration of the modify or otherwise make amendments thereto as itdeems necessary. acquire system upon franchise;¶ C. A request for renewal of a franchise will be considered and processed in conformance with Federal law. (Ord.2020-005§1,2020_l��\- Deleted: Ord.2018-001 _________________-_______--_______.___-- Deleted: 08-011 13.44.5. Administration of cable Communications Chapter and Franchise. Deleted: §1, 2018 A. The Board shall have the power to carry out any or all of the following functions: f Deleted: 08 1. Employ the service of a technical consultant, to assist in the analysis of any matter related to any franchise, RFP or proposed franchise under this chapter; 2. Act on applications for franchises; 3. Act on matters which might constitute grounds for revocation or termination of a franchise pursuant to its terms; 4. Resolve disagreements among franchisees and public and private users of the system; 5. Consider requests for rate settings or adjustments; 6. Coordinate and facilitate the use of access channels; 7. Act in intergovernmental matters relating to systems, cooperate with regulators and operators of other systems, and supervise interconnection ofsystems; 8. Review all franchisee records required by the franchise and, in the Board's discretion, require the preparation and filing of information additional to that required by the franchise; 9. Conduct evaluations of the system and the franchisee's compliance with franchise requirements at least every three years; 10. Adopt and amend regulations and procedures necessary to enforce franchises and to clarify terms thereof, Deleted: of -� Deleted_ -� Deleted: - �Deleted: Ex. A- Ordinance No. 2008- — -� - Deleted: 011 Deleted:1/30/08 Page 3J?CC13_44 ___--__________-,___ l- 11. Any other actions the Board deems necessary to carry out the purpose of this chapter. B. The County Administrator is authorized to carry out day-to-day administration of such functions on behalf of the Board. (Ord. 2020-005 §1, 202Q1 - - _ _.. _ - _ _ _ _ - _ _ - _ _ - - _ _.. - - - - -..- - - - _ Deleted: Ord. 2018-001 Deleted: 08-011 13.44.6. Intergovernmental Agreements. Deleted: §1, 2018 The Board may enter into intergovernmental agreements as authorized by Oregon law, with any Deleted- 08 other jurisdiction to provide for the cooperative regulation and control of any aspect of a cable communications system. Such agreements may provide for the delegation of any and all powers of the Board to an entity provided for in the intergovernmental agreement, except for the powers to enter into or revoke a franchise agreement. 1, 202Q) - [Deleted: ord. zo18-Dot ——� (Ord. 2020-005 § - - _ _ - - _ - _ _ _ - _ - - _ _ _ - - - - - ` Deleted: 08-011 13.44.7. Violation; Penalties and Remedies Deleted: §1, 2018 A. Violation and Penalties. Deleted: 08 1. Any person, firm or corporation, other than the County, whether as principal, agent, employee or otherwise, violating or causing the violation of any provision of this chapter itemized Section 13.44.2, this chapter, - Deleted: 02(8) _ or performing any of the acts or functions under of _ which defines a cable communications system, without having been awarded a franchise to perform said acts or functions pursuant to the terms of this chapter, shall be deemed to have committed a violation. 2. Violation by a franchisee of any provision of a franchise granted pursuant to this chapter is a violation. 3. Each violation occurring on a separate day is considered a separate violation of this chapter. B. Cumulative Remedies. The rights, remedies and penalties provided in this section are cumulative and not mutually exclusive and are in addition to any other rights, remedies and penalties available to the County under any other ordinance or law. C. Injunctive Relief. Upon authorization by the Board, the County Counsel may commence an action in the Circuit Court or other appropriate court to enjoin the continued violation of any provision of this chapter. (Ord. 2020-005 § 1, 2020) - - , - Deleted: Ord. 2018-001 —� _ - _ Deleted: 08-011 13.44.8. Severability. Deleted: §1,2018 Invalidity of a section or part of this chapter shall not affect the validity of the remaining sections f —Deleted: 08 _ or parts of sections. (Ord.2020-00551,202Q1--_-_ _ -- ____\ u. u Page 4 DCC 13. _ (05/202 ✓% Deleted: Ord. 2018 1 Deleted: 08 _ Deleted: -001 - Deleted: i 1 Deleted: §1,2018 Deleted: 08 Deleted: of 4 Deleted: - Deleted: _ Deleted: Ex. A Orduiance No. 2008-011 Deleted: 1/30/08 AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of December 9, 2020 DATE: December 3, 2020 FROM: David Doyle, Legal, 541-388-6625 TITLE OF AGENDA ITEM: CONSIDERATION OF FIRST & SECOND READING: Ordinance No. 2020-005, Amending/Enacting Identified Sections of Deschutes County Code TES'` C' urgG� �Z� ° { 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 AGENDA REQUEST & STAFF REPORT For Board Business Meeting of December 9, 2020 DATE: December 3, 2020 FROM: Dave Doyle Legal 388-6625 TITLE OF AGENDA ITEM: First and Second Reading and Adoption of Ordinance 2020-005, an Ordinance Amending/Enacting Identified Sections of Deschutes County Code. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Board of Commissioners conducted a duly noticed public hearing on December 2, 2020 and voted 3-0 to approve the amendments & enactment. FISCAL IMPLICATIONS: None relative to the housekeeping amendments. RECOMMENDATION & ACTION REQUESTED: Move First and Second Reading and Emergency Adoption of Ordinance 2020-005. ATTENDANCE: Legal DISTRIBUTION OF DOCUMENTS: Legal