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2020-418-Minutes for Meeting December 02,2020 Recorded 12/22/2020E S COG BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2020-418 Nancy Blankenship, County Clerk Commissioners' .journal 12/22/2020 9:34:14 AM ipiiiiuinuumumiuuii FOR RECORDING STAMP ONLY 10:00 AM Wednesday, December 2, 2020 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Henderson. Also present were Tom Anderson, County Administrator; David Doyle, County Counsel (via Zoom conference call and in person); and Sharon Keith, Board Executive Assistant (via Zoom conference call). Attendance was limited due to Governor's Virus Orders. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http:://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair Adair called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Commissioner Adair acknowledged a comment from Joan Hornback received via voice message on the citizen input line. BOCC MEETING DECEMBER 2, 2020 PAGE 1 OF 8 CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. HENDERSON: Move approval DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Order No. 2020-065, Appointing Health Services Director's Designees 2. Approval of Minutes of the November 16, 2020 BOCC Meeting ACTION ITEMS: 3. COVID19 Update Public Health Director Nahad Sadr-Azodi (via Zoom conference call) presented the COVID19 Update. Presentation is attached to the record. 4. PUBLIC HEARING: Spring River Commercial Text Amendments Community Development Planner Cynthia Smidt (via Zoom conference call) presented the hearing procedures. Hearing no declared conflicts or biases by the Commissioners or challenges presented by the public, Commissioner Adair opened the public hearing. Ms. Smidt presented the staff report. Presentation is attached to the record. Greg Blackmore of Blackmore Planning and Development Services, LLC (via Zoom conference call) presented on behalf of applicant Spring River Plaza, LLC. Presentation is attached to the record. BOCC MEETING DECEMBER 2, 2020 PAGE 2 OF 8 Commissioner Adair called for public testimony, none was forthcoming. Ms. Smidt explained the edits to the language of Deschutes County Code Chapter 18.74 Rural Commercial Zone. Community Development Department Director Nick Lelack asked to keep the record open for a time frame in order to complete further review on text amendments. County Counsel Dave Doyle also recommended to continue the public hearing due to the scope of edits proposed by the applicant. The Board expressed support to continue the hearing to the BOCC meeting on December 16. RECESS: At the time of 11:36 a.m., the Board took a recess and the meeting was reconvened at 11:39 a.m. 5. PUBLIC HEARING: Plan Amendment and Zone Change from Agriculture%Exc1usiVe Farm UJe to Rurai IndM.C7trial Community Development Department Planner Matt Martin presented the hearing procedures. Hearing no declared conflicts or biases by the Commissioners or challenges presented by the public, Commissioner Adair opened the public hearing. Mr. Martin presented the staff report. Presentation is attached to the record. Tony Aced, applicant presented testimony explaining the details of his request. Planning consultant representing Mr. Aced, Pat Kliewer provided testimony on the application. Commissioner Adair called for public testimony. Karla Toms, resident and school board representative (via Zoom conference call) presented testimony. Ms. Toms expressed opinion on the statement regarding the dirt blowing across Highway 97 deemed dangerous from Mr. Aceti's field and feels that a rock crushing yard would blow as much dirt across the road. The school board has concern due to the grade school at BOCC MEETING DECEMBER 2, 2020 PAGE 3 OF 8 that location. Carol MacBeth, Central Oregon LandWatch (via Zoom conference call) expressed opposition to the application. Mr. Martin commented regarding impacts relative to potential future uses and that any proposed use would be subject to review upon submission of a permit application. Ms. Kliewer presented rebuttal relative to permitted uses on the subject property. Commissioner Adair noted the need for further review of the recent packet submission from Central Oregon LanclWatch. The applicant initially requested that the record remain open singularly for applicant rebuttal. Staff clarified that this legislative amendment has been processed as a quasi- judicial matter, which impacts logistics of the open record period. Discussion held on the timeline of the next steps. Hearing no further public testimony, the hearing/oral record was closed. Ini..�4s...... ...J .-..J rebuttal . 4.r, c-..I-.—;iFtr.r4 to AA-�tt hAnrtir�-���nrr4;r�cr to VVI RICI I r ecol u al d r ebuItal I I lay uC suU i ILLCu w MULL rV101 Lill a%-�-Vl U111,5 w identified 7/7/7 schedule. Deliberations are scheduled for December 30. LUNCH RECESS: At the time of 1:19 p.m. the Board went into recess and reconvened the meeting at 1:53 p.m. 6. CARES Act Funding Update Chief Financial Officer Greg Munn (via Zoom conference call) presented the update on the CARES Act funding request. A shower truck for the homeless has been requested by Neighborlmpact and Jericho Road. Commissioner DeBone recommended supporting community support services verses focusing on equipment purchases such as a shower truck. Commissioner Adair feels there should be an additional $100,000 dedicated for supporting BOCC MEETING DECEMBER 2, 2020 PAGE 4 OFF 8 our community. The Board expressed support of the circuit court project at the fairgrounds. Commissioner Henderson recommended allocating $75,000 toward the pending business grants program and $25,000 toward the remote courtroom circuit court project at the fairgrounds. Commissioner Adair feels the administrative costs should not be covered in the funding and would prefer to help the community with all of the impacts they are faced with. HENDERSON: Move approval of $75,000 allocated to the business grant program and $25,000 allocated to the circuit court project DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Elizabeth Renteria (via Zoom conference call) presented the Health Services Navigator program update. Internal Auditor David Givans (via Zoom conference call) presented an update on the COVID business relief program in partnership with COIC. County Administrator Anderson asked the Board if they are supportive of the CRF Grant Agreement (#2507) with the state. Commissioner DeBone expressed support. HENDERSON DEBONE: VOTE: Move approval of State CRF Grant Agreement #2507 Second HENDERSON: DEBONE: ADAI R: Yes Yes Chair votes yes. Motion Carried County Counsel Dave Doyle presented an Order to extend the declared state of emergency for 30 days. Commissioner DeBone recommends extending BOCC MEETING DECEMBER 2, 2020 PAGE 5 OF 8 the emergency declaration for 60 days. The Board expressed support. DEBONE: Move adoption of Order No. 2020-066 extending the local declared state of emergency for 60 days. HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 7. PUBLIC HEARING: Housekeeping Amendments to Deschutes County Code County Counsel David Doyle presented the hearing procedures. Commissioner Adair opened the public hearing and asked for any offer of public testimony and none was presented. Mr. Doyle summarized the amendments and the project to migrate the County Code to Municode, and Tail_ �l Personnel Rules from the Code. to remove 1 lue 3, Persof nel Rules I l o I I U a Code. DEBONE: Move approval of housekeeping amendments as presented HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried DEBONE: Move to approve the removal of Title 3, Personnel Rules from Deschutes County Code HENDERSON: Second VOTE: DEBONE: HENDERSON: ADAI R: Yes Yes Chair votes yes Motion Carried BOCC MEETING DECEMBER 2, 2020 PAGE 6 OF 8 Counsel Doyle will bring the required enacting Ordinances to the BOCC meeting of December 9 to include an emergency clause allowing for an effective date of January 1, 2021. OTHER ITEMS: Commissioner Adair reported the thank you cards were received today for those staff working at the EOC/JIC this year. All commissioners will sign the cards. • Commissioner DeBone recommended a current photo of the Commissioners to send to other Oregon counties for the holidays. COMMISSIONER UPDATES: Commissioner Henderson reported on the REDI Board meeting today Commissioner DeBone reported on the Public Safety Coordinating Council County Administrator Anderson reminded the Commissioners that personnel from the Sheriff's Office and Road Department provided assistance to other jurisdictions during the September wildfire response this year. A mutual aid agreement is being prepared for the purpose of obtaining FEMA reimbursement for costs. The Board authorized County Administrator's signature on the agreement. EXECUTIVE SESSION: None scheduled BOCC MEETING DECEMBER 2, 2020 PAGE 7 OF 8 Being no further items to come before the Board, the meeting was adjourned at 3:00 p.m. DATED this —� Day ofi�e�2020 for the Deschutes County Board of Commissioners ATTEST: RECORDING SECRETARY BOCC MEETING DECEMBER 2, 2020 PAGE 8 OF 8 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, DECEMBER 2, 2020 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www.ofeschutes.org meetings. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be conducted in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizen inputC@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before the start of the meeting will be included in the meeting record. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to Board of Commissioners BOCC Meeting Agenda Wednesday, December 2, 2020 Page 1 of 3 present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. PLEDGE OF ALLEGIANCE CITIZEN INPUT (for items not on this Agenda) [Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 9:00am on the day of the meeting.] CONSENT AGENDA 1. Consideration of Board Signature of Order No. 2020-065, Appointing Health Services Director's Designees 2. Minutes of the November 16 2020 BOCC Meeting ACTION ITEMS 3. 10:00 AM COVID19 Update 4. 10:30 AM Public Hearing: Spring River Rural Commercial Text Amendments - Cynthia Smidt, Associate Planner 5. 11:30 AM Public Hearing: Plan Amendment and Zone Change from Agriculture/Exclusive Farm Use to Rural Industrial (Aceti) - Matthew Martin, Associate Planner LUNCH RECESS 6. 1:00 PM CARES Act Funding Update 7. 1:20 PM Public Hearing: Housekeeping Amendments to Deschutes County Code - David Doyle, Legal Counsel OTHER ITEMS Board of Commissioners BOCC Meeting Agenda Wednesday, December 2, 2020 Page 2 of 3 These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. ADJOURN To watch this meeting on line, go to: www.deschutes.org/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners BOCC Meeting Agenda Wednesday, December 2, 2020 Page 3 of 3 a, cu fl1 rD N O O s v LA O m rD I 1-, N N O� O O in rt 3 N �° po ro . 0 CL 00 (D O fu r) ID N �03 m rD -� on L, Ln -1 ° PO 0 rD - E3 rD v o v -°0 U rD rD °p° O c ecu �Q Or I n rDo cps Cr TI �0) ai a 199 ° v �o a' o 0- Eli 1°i °� 0 Cases yu P" NJ NJ UU UU Is Qu Ul on cp on cs on cD on CD on g 0 0 0 0 0 0 0 0 0 0 cc CC) Ll 19 00 0 Ol 00 00 rlJ Luj Ln `6' C) NJ NJ a) on W-1 00 on 0 on do Ow Ul LA.) Ni 00 19 '9 a19 a) 0 00 00 Ln on Dec, goo, on W+ 00 r4 Do 'R Nj l - - -+ a) O L, J do UP; U-4. 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(D (D m 3 Q n dQ r W =. p ro W O n N X CLn r p N Ln ro T h. 3 y ry oa ro °'. (D O cp a (D �{ p, OLn C LA N n Y ry ro N v 4 n Sti O : C (DD (D N C @ CD A o ro N (D Y- Ln s C ;O - 1- W ro ID Ln �U fb _ ' O � l'J T AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of December 2, 2020 DATE: November 24, 2020 FROM: Cynthia Smidt, Community Development, 541-317-3150 TITLE OF AGENDA ITEM: Public Hearing: Spring River Rural Commercial Text Amendments BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners is conducting a public hearing on December 2, 2020 to consider text amendments to Deschutes County Code (DCC) Chapters 18.74, Rural Commercial Zone - Spring River; 18.116, Supplementary Provisions; and 18.124, Site Plan Review. The applicant, Spring River Plaza LLC (Richard Hadley), proposes amendments that would allow retail/rental store, office and service establishments as outright permitted uses, clarify front yard setbacks, and provide Spring River Rural Commercial Zone an exception to parking and building location requirements. FISCAL IMPLICATIONS: none ATTENDANCE: Cynthia Smidt, Associate Planner STAFF REPORT TO: Board of County Commissioners FROM: Cynthia Smidt, Associate Planner DATE: November 24, 2020 RE: Spring River Rural Commercial Zone Text Amendments (File No. 247-20-000502-TA) The Board of County Commissioners (Board) will hold a public hearing on December 2, 2020 to consider text amendments to Deschutes County Code (DCC) Chapters 18.74, Rural Commercial Zone - Spring River; 18.116, Supplementary Provisions, and 18.124, Site Plan Review. The applicant, Spring River Plaza LLC (Rich Hadley), proposes the following amendments: • Allow office and retail as outright permitted uses subject to DCC Chapter 18.124, Site Plan Revi o%n,11 • Clarify front yard setbacks, and • Provide a parking requirement exception to Spring River Rural Commercial (RC) Zone. I. BACKGROUND The Rural Commercial plan designation and associated zoning, applies to specific properties that are located outside unincorporated communities and urban growth boundaries. Spring River is one of five rural commercial designations found in Deschutes County. Others include Deschutes junction, Deschutes River Woods Store, Pine Forest, and Rosland. The Rural Commercial zones are limited in size and scope, and are intended to serve the immediate rural area and any visitors. Prior to the Rural Commercial designation, the 1979 Comprehensive Plan designated these areas as Rural Service Centers. In 1994, a new Oregon Administrative Rule (OAR), 660 Division 22, was adopted to clarify what uses could be allowed in unincorporated communities without violating Statewide Planning Goal 11, Public Facilities and Services, and Goal 14, Urbanization.z The Unincorporated Communities Rule of 660-022 identified four different types of rural communities: 'Comprehensive Plan Policy 3.4.20 prohibits industrial uses in the Spring River RC Zone. The applicant withdrew the request to include light industrial uses during the public hearing before the Planning Commission. z https://secure sos state.or.us/oard/displayDivisionRules.action?selectedDivision=3072 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 %21(541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd Resort Community; • Rural Community; and Urban Unincorporated Community; • Rural Service Center. Deschutes County was required to review existing rural service centers for compliance with OAR 660- 022. Three Rural Service Centers - Deschutes Junction, Deschutes River Woods Store and Spring River - were given a new plan designation of Rural Commercial since these areas no longer qualified as a Rural Service Center. The County also applied the same plan designation to the Rosland (2002) and Pine Forest (2007) commercial centers. Exceptions to Goals 3 or 4 were not taken to any of these areas as a result of the change in designation from Rural Service Center to Rural Commercial. Moreover, the Rural Commercial designation only applied to acknowledged exception areas. Deschutes County's Comprehensive Plan policies and zoning standards restrict commercial uses to those that are rural as required in Goal 14, Urbanization. They are less intensive than those uses permitted in other unincorporated communities. The following are Comprehensive Plan, Section 3.4 Rural Economy policies pertaining specifically to lands designated and zoned rural commercial that restrict intensity: Policy 3.4.14 New commercial uses shall be limited in size to Z500 square feet or if for an agricultural or forest -related use, 3,500 square feet. Policy 3.4.15 A lawful use existing on or before November 5, 2002 that is not otherwise allowed in a Rural Commercial zone, may continue to exist subject to the counVs nonconforming use regulations. Policy 3.4.16 An existing iawfui use may expand up to 25 percent of 'the total floor area existing on November 5, 2002. Policy 3.4.19 Residential and commercial uses shall be served by on -site wells or public water systems. Policy 3.4.20 Community sewer systems, motels, hotels and industrial uses shall not be allowed. Policy 3.4.21 Recreational vehicle or trailer parks and other uses catering to travelers shall be permitted. II. RURAL COMMERCIAL ZONE - SPRING RIVER The Spring River RC Zone includes 17 lots, encompassing 9.16 acres.3 Spring River Road, Azusa Road, and Lunar Drive and the three roads that bound this area. Rural residential lands adjoin it. As for the existing businesses, a series of tables identify each property with addresses, associated land use file numbers, description, and notes. Following each table is a correlating figure with associated property addresses. 3 The Spring River Rural Commercial Zone includes a Limited Use Combining Zone (LU). The LU Zone, DCC Chapter 18.112, limits the permitted uses and general activities allowed in the underlying zone when a parcel is rezoned to that particular underlying zone through the taking of an exception to a Statewide land use planning goal. The LU does not apply in this case since the applicant is only proposing text amendments to DCC 18.74.025, 030 and 18.116.030. 247-20-000502-TA Page 2 of 12 TABLE 1 - Properties fronting on Spring River Road Address Land Use File Description Notes Number(s) Fill/Removal material for 17333 Spring River Rd. 247-20-000529-CU driveway in wetlands (active Mapped wetlands present permit) 17341 Spring River Rd. Undeveloped Mapped wetlands present 17347 Spring River Rd. Undeveloped 17353 Spring River Rd. SP0446/MA0410 Current approved uses Commercial building established SP9580 include: convenience store, in 1972 and has undergone 17355 Spring River Rd. SP9043 fast food restaurant, recreational rental various modifications CU8864/SP8840 equipment, office and Parking approved outside of front storage space yard (DCC 18.116.030(E)(5)) 17363 Spring River Rd. SP0450 Restaurant Parking approved within front yard 17371 Spring River Rd. -- undeveloped 17377 Spring River Rd. SP9561 Current approved use: thrift Parking approved within front store (retail) yard FIGURE 1 - Properties fronting on Spring River Road 247-20-000502-TA Page 3 of 12 TABLE 2 - Properties fronting on Lunar Drive and Spring River Drive or Azusa Road Address Land Use File Number(s) Description Notes Commercial building established 247-17-000758-CU in 1971 and has undergone 247 17 000759-SP Current approved use: various modifications 56789 Lunar Dr. 247-15-000557-SP marijuana retail and SP9020 associated office space Recognized as a nonconforming CU85100/SP8556 use; parking is approved within front yard adjacent to Lunar Dr. Current approved use: 3-unit commercial building Parking approved outside of front 56771 Lunar Dr. SP9529/LM9561 approved for two retail/ yard adjacent to Azusa Rd. and rental businesses and one Lunar Dr. service/repair shop FIGURE 2 - Properties fronting on Lunar Drive and Spring River Drive or Azusa Road 247-20-000502-TA Page 4 of 12 TABLE 3 - Properties fronting on Azusa Road Address Land Use File Description Notes Number(s) 56775 Lunar Dr. -- undeveloped Warehouse building established in SP0612 Current approved use: 1990 56777 Lunar Dr. SP9020 warehouse for landscape parking approved outside of front business yard adjacent to Azusa Rd. 17340 Azusa Rd. -- Undeveloped Current approved use: excavation business Parking approved outside of front 17330 Azusa Rd. SP0230/LM02136 (primarily equipment storage yard adjacent to Azusa Rd. and dispatching) Current approved use: excavation business Parking approved outside of front 17324Azusa Rd. SP0455/LM04237 (primarily equipment storage yard adjacent to Azusa Rd. and dispatching) 17318 Azusa Rd. -- Undeveloped Current approved use: Parking approved outside of front 17310 Azusa Rd. spool landscaping business yard adjacent to Azusa Rd. FIGURE 3 - Properties fronting on Azusa Road III. SPRING RIVER RURAL COMMERCIAL ZONE TEXT AMENDMENTS According to the applicant, the purpose of the proposed amendments is to address changing demands in the surrounding area and "improve employment and economic opportunities." Moreover, the applicant indicates that the provisions found within the County Code and Spring River RC Zone "severely hinder the ability to efficiently develop the property, provide employment opportunities, and provide commercial amenities and services." The proposed amendments will include uses that have the same or similar impacts (e.g. wastewater, transportation, and parking) to those uses that are currently permitted in the zone. Additionally, the proposal revises code language 247-20-000502-TA Page 5 of 12 to allow future development to be consistent with existing development patterns in the same area. Based on this information, the applicant has submitted a burden of proof stating that the text amendment complies with the Statewide Planning Goals, applicable Oregon Administrative Rules, and applicable policies of the Deschutes County Comprehensive Plan, including the Transportation System Plan. The following summarizes the amendments followed by staff comments. Proposed amendments are shown in st�, it for language to be deleted, and underline for language to be added. 1. Amendment of Uses Permitted Outright, DCC 18.74.025 PROPOSED: The proposed text amendments will add office and retail 'businesses to the outright permitted uses subject to site plan review in the Spring River RC Zone. 18.74.025. Uses Permitted - Spring River. A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124: 1. A building or buildings not exceeding Z500 square feet of floor space to be used by any combination of the following uses: v. OiTices. w. Retail business. STAFF COMMENTS: Staff presents the followine issues reizardiniz amendments to this section: 1. Provides code language that will be more inclusive of all retail, rental, and service establishment uses that are already permitted in the Spring River RC Zone. 2. Correlates the eating and drinking establishment code language so it is consistent with the off-street parking standards found in DCC 18.116.030(D)(6). By considering the above issues, coupled with formatting issues (the list skips the letter 'n'); staff recommends the following language (see attached Exhibit A, draft Ordinance 2020-017): 1 & 74.025. Uses Permitted - Spring River. A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124: 1. Retail/rental store, office, service establishment or any combination thereof in aA building or buildings not exceeding Z500 square feet of floor space including but not limited to the following uses: a. Fishing supplies and equipment. b. Snowmobiling accessories. c. Marine accessories. d. General store. e. Hardware store. f. Convenience store with gas pumps. 247-20-000502-TA Page 6 of 12 g Cdst ed resw i -Gnt ,-nfe or- c6 flee sh^"Eating and drinking establishment. h. Recreational rental equipment store. i. Excavation business. j. Landscaping business/service. k. Health care service. L Beautyshop. m. Video store. en. Post office. pg. Party supply. qp. Equipment sales and rental. -q. Appliance store. sr. Bank. ts. Exterminator. 44t. Private mailing and packaging store. 4 u. Bakery. 2. Amendment of Yard Standards, DCC 18.74.030 PROPOSED: The applicant is also proposing clarifying language to the "minimum" front yard standards for new development. The applicant states that because the term minimum is not present in the code, it lends itself to be interpreted as minimum and a maximum, and thus a building must be at the front yard of 80 feet, based on the Spring River Road classification of rural arterial. Therefore, their proposal to clarify the setback is a minimum. The proposed language is shown as underline: 18.74.030. Development Standards. A. Yard Standards. 1. Front Yard. The minimum required front yard shall be 20 feet for a property fronting on a local road right-of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. STAFF COMMENTS: Yard requirements and setbacks assist with public health and safety aspects of development and provide community value and aesthetics. Deschutes County Code has included yard and setback requirements since the adoption in 1972 of Public Law 5 (PL-5), the predecessor to PL-15 and eventually Title 18. Yard and setback, defined and used similarly in the DCC, creates an open space on a lot, which is unobstructed from the ground upward. With the focus on the 'front'yard and setback discussed in the proposed amendment, a front yard is the open space located between the front lot line and the nearest point where a structure is permitted to be located. Unless otherwise stated, front yards and setbacks are a minimum setback even if the word "minimum" is not provided in the code language. A required front setback is the closest a structure can be established to the front lot line but it is not 247-20-000502-TA Page 7 of 12 a maximum, unless otherwise specified. Tumalo and Terrebonne commercial zoning districts are the exception because those districts specifically state the front yard and setback is a "maximum.4 Staff does not see any policy issues with this amendment but staff recommends a change in word placement in order to be consistent with yard standards in other zones. In addition, Planning Commissioner Altman noticed an error under the "rear yard" section that is reflected below. The following language, shown in strikeout/underline format, is staffs recommendation (see attached Exhibit A, draft Ordinance 2020-017): 18.74.030. Development Standards. A. Yard Standards. 1. Front Yard. The front yard shall be a minimum of 20 feet for a property fronting on a local road right-of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of 10 feet, except a lot or parcel with a side yard adjacent to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet. 3. Rear Yard. The minimum rear yard shall be 20 feet, except a lot or parcel with a rear yard adjacent to land zoned exclusive farm use or forest use shall have a minimum si& rear yard of 50 feet. 3. Amendment of Front Yard Parking Standards, DCC 18.116.030(E)(5) and 18.124.070(D) PROPOSED: DCC prohibits parking and loading spaces within the front yard, except when located in the districts and zones specified under DCC 18.116.030(E)(5), detailed below. The applicant is proposing to add the Spring River RC Zone to the list of exception areas. In addition to the front yard clarification described above, the applicant proposes to clarify the minimum front yard in this section as well. The proposed amendment is as follows: E. General Provisions. Off -Street Parking. 5. Parking, Front Yard. Required parking and loading spaces for multi family dwellings or commercial and industrial uses shall not be located in a required minimum ront yard, except in the Sunriver UUC Business Park (BP) District properties fronting Spring River Road in the Spring River Rural Commercial Zone, and the La Pine UUC Business Park (LPBP) District and the LaPine UUC Industrial District (LPI), but such space may be located within a required side or rear yard. STAFF COMMENTS: As noted previously, yard requirements and setbacks are not new. This is true with the regulation that prohibits parking and loading spaces in the front yard, DCC 18.116.030(E)(5), which has been present in DCC since at least the adoption of PL-15 in 1979. In addition, unless otherwise stated, front yards and setbacks identified in Title 18, Zoning Ordinance are considered a minimum. Tumalo and Terrebonne commercial zoning districts include a maximum front yard. Because the code 4 For example, DCC 18.67.040(I)(1) states the following: Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 247-20-000502-TA Page 8 of 12 reflects both minimum and maximum front yards, staff recommends not including the word'minimum' to DCC 18.116.030(E)(5) to avoid any code conflicts (see attached Exhibit B, draft Ordinance 2020-017). Regarding the exception proposed for "properties fronting Spring River Road in the Spring River Rural Commercial Zone," it is important to note that the zoning ordinance has a corresponding provision for commercial development found in DCC 18.124.070(D), which is stated below. This regulation corresponds to what is referred to as a "build -to" line that requires a set distance (from the front lot line) a structure must adhere to regardless if a minimum setback is allowed in the zoning district. The purpose of this type of provision is to encourage pedestrian friendly developments. Given the vehicular speeds on Spring River Road, requiring a build -to line, it could present a danger to the public. For this reason, if any change is made to DCC 18.116.030(E)(5), staff recommends the following amendment to DCC 18.124.070(D) (see attached Exhibit C, draft Ordinance 2020-017): D. Commercial Development Standards: 1. New commercial buildings shall be sited at the front yard setback line for lots with one frontage, and at both front yard setback lines for corner lots, and oriented to at least one of these streets, except in the Sunriver UUC Business Park (BP) District properties fronting Spring River Road in the Spring River Rural Commercial Zone, a444 Town Center (TC) District, and properties fronting Spring River Road in the Spring River Rural Commercial Zone, the -1 ^' Pine I II C- Businecc PG 6L PBP 1 nicr The building(s) and any eaves, overhangs or awnings shall not interfere with the required clear vision area at corners or driveways. If the proposed amendments to DCC 18.116.030(E)(5) and 18.124.070(D) are approved, the applicant suggests removing references to those zoning districts that Deschutes County no longer regulates. Specifically, this includes the removal of La Pine UUC Business Park (LPBP) District and the La Pine UUC Industrial District (LPI) from these sections. Staff agrees and these changes are illustrated above. See Exhibits B and C of draft Ordinance 2020-017 (attached). IV. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on September 24, 2020 and deliberated on October 8. With the removal of industrial uses, the Commission recommended approval of the applicant's proposal and staff revisions (4-0; 3 absent). V. TRANSPORTATION ANALYSIS Senior Transportation Planner Peter Russell reviewed the application and findings concerning Statewide Land Use Planning Goal 12 and the Transportation Planning Rule (TPR). Mr. Russell found the application is in compliance with Goal 12 and the TPR, as the following comments' indicate: I have reviewed the transmittal materials of File 247-20-00502-TA to amend the Spring River Commercial zone, Deschutes County Code (DCC) 18.74.025(A), and the parking requirements of DCC 18.116, Supplementary Provisions. The text amendment would add office, retail, and 5 Mr. Russell's comments were provided prior to the applicant withdrawing the request to add "light industrial" use to the list of uses permitted outright in the Spring River RC Zone (see footnote 1). 247-20-000502-TA Page 9 of 12 industrial uses as outright permitted uses, while retaining the size limits of the zone, and allow parking in the front yard setback. A text amendment requires findings for Oregon Administrative Rule (OAR), aka the Transportation Planning Rule (TPR), on whether the proposed uses will have a significant effect as defined by OAR 660-012-0060. When a use is proposed to be added to a zone, the County compares the trip generation rates for outright permitted uses allowed currently vs. the trip generation rates of the proposed uses. The County uses the most current edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual to compare the current and potential trip generations. DCC 18.74.025(A)(1) lists the outright permitted uses subject to site plan review. The highest trip generators are convenience store with gas pumps (DCC 18.74.025(A)(f) and fast food restaurant (DCC 18.74.025(A)(g)). These are ITE land use categories Convenience Market with Gasoline Pumps (Land Use #853) Fast -Food Restaurant with Drive -Through Window (Land Use #934). These would generate 624.20 weekday trips per 1,000 square feet and 470.95 weekday trips, respectively. I'd note the current Spring River zoning does not allow industrial uses. By contrast, Specialty Retail (Land Use #826 from ITE 9th edition), Small Office Building (Land Use #712), General Light Industrial (Land Use #110) generate weekday trips at much lower rates (44.32 trips per 1,000 square feet, 16.19 per 1,000 square feet, 4.96 trips per 1,000 square feet, respectively) and were cited by the applicant's traffic engineer. Given the trip rates are lower than those uses already allowed outright in the zone, there is no significant effect as defined by the TPR and no further traffic analysis is needed. Regarding the proposed amendment to the front yard parking regulations of DCC 18.116.030(E)(5), which provides and exception for those properties fronting along Spring River Road in the Spring River RC Zone, Mr. Russel continues, "From a land use standpoint, the Spring River commercial zone is similar to [those listed in the] Sunriver and La Pine business parks. I have no adverse comments on the proposal to allow parking in the front yard."' 6 The Sunriver Business Park, DCC 18.108.110(A), permits outright the following uses: 1. Residential uses existing as of March 31, 1997. 2. Administrative, educational and other related facilities in conjunction with a use permitted outright. 3. Library. 4. Recreational path. 5. Post office. 6. Church in building or buildings not exceeding 5,000 square feet of floor area. 7. Child care facilities, nurseries, and/or preschools. 8. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of. Retail/rental store, office and service establishment, including but not limited to the following: a. Automobile, motorcycle, boat, recreational vehicle, trailer or truck sales, rental, repair or maintenance business, including tire stores and parts stores. b. Agricultural equipment and supplies. c. Car wash. d. Contractor's office, including but not limited to, building, electrical, plumbing, heating and air conditioning, painter, etc.. e. Construction equipment sales, rental and/or service. f. Exterminator services. g. Golf cart sales and service. 247-20-000502-TA Page 10 of 12 VI. PUBLIC AND AGENCY INPUT The Deschutes County Planning Commission held a public hearing on September 24, 2020. At the conclusion of the public hearing, the Commission closed the oral record and established October 1, 2020 as the deadline for the open record period for the submittal of written testimony. The following individuals or organizations provided written support of the proposal: Jenny Gregoriou, Century 21 Lifestyles Realty Scott Pence, Sunset Lodging David Jameson, ToyHouse Toys LLC Todd Cleveland, Environmental Health Supervisor did provide comments regarding wastewater in the Spring River RC Zone area. This property is served with an advanced onsite wastewater treatment system under an Oregon DEQ permit. The treated water is pumped to a final disposal site on a higher property nearby. The additional wastewater would have to be treated with that system to meet state standards. The groundwater in this area is very sensitive to additional loading from wastewater treatment systems. In some cases, even advanced treatment is not sufficient to provide long-term protections based on the USGS model. In addition, staff notes that the Spring River Commercial Zone is not exempt from Goal 11. Therefore, any new development in this zone that requires hooking into a community system will trigger a Goal 11 exception. VII. NEXT STEPS At the conclusion of the testimony, the Board can consider the following options: 1. Close the public hearing and written record, and begin deliberations; 2. Close the public hearing and leave the written record open to a date certain; or h. Lumberyard, home improvement or building materials store. i. Housekeeping and janitorial service. j. Dry cleaner and/or self-service laundry facility. k. Marine/boat sales and service. L Restaurant bar and cocktail lounge including entertainment. p. Marijuana processing cannabinoid concentrates and cannabinoid products, subject to the provisions of DCC 18.116.330. q. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 9. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of a. Scientific research or experimental development of materials, methods or products, including engineering and laboratory research. b. Light manufacturing assembly, fabricating or packaging of products from previously prepared materials, including but not limited to cloth, paper, leather, precious or semi-precious metals or stones, etc. c. Manufacture of food products, pharmaceuticals and the like, but not including the production offish or meat products, or the rendering of fats and oils. d. Warehouse and distribution uses in a building or buildings each less than 10,000 square feet of floor area. 10. Employee housing structures. 247-20-000502-TA Page 11 of 12 3. Continue the public hearing to a date certain. Attachments Binder Document Item No. 2020-12-02 Ordinance 2020-017 DRAFT 25 2020-12-02 Ordinance 2020-017 DRAFT Exhibit A, Chapter 18.74 24 2020-12-02 Ordinance 2020-017 DRAFT Exhibit B, Chapter 18.116 23 2020-12-02 Ordinance 2020-017 DRAFT Exhibit C, Chapter 18.124 22 2020-12-02 Ordinance 2020-017 DRAFT Exhibit D, Findings 21 2020-11-23 Staff Presentation 20 2020-11-23 BCC Meeting Packet 19 2020-10-21 BCC Meeting Packet 18 2020-10-21 BCC Meeting Minutes 17 2020-10-08 PC Meeting Packet 16 2020-10-08 PC Meeting Minutes 15 2020-09-30 D. Jameson Letter 14 2020-09-24 PC Hearing Presentation -Staff 13 2020-09-24 PC Hearing Presentation -Applicant 12 2020-09-24 PC Hearing Packet 11 2020-09-24 PC Hearing Minutes 10 2020-09-10 PC Work Session Presentation -Staff 9 2020-09-10 PC Work Session Packet 8 2020-09-10 PC Work Session Minutes 7 2020-09-09 PC NOPH Bulletin Affidavit 6 2020-09-09 PC NOPH (Revised) 5 2020-09-01 PC NOPH 4 2020-07-28 S Pence Letter 3 2020-07-28 J Gregoriou Letter 2 2020-07-22 Application Materials 1 247-20-000502-TA Page 12 of 12 I I f • �� ., �. �' f •, • ,,,� t • • . � a`, • �i �; � ir: A; j_. : �;: � ,. *: *:', '► r' ►' �' � �; �: �; �: w • ' ' w i_r • w: ' � �.. ►; � +r � �, �. � 1 R= t �: �' �: R A' !; �: •.. �; w �! _� ►; w` rI • 1 - • • �, 1 r' �` �, 1 • wi �. i► ` � w w M �'. •� f4 ♦, w. � �' • � ,.. �; r< �!. • :; �: �; !; f �, R+ '. �, �r E y . . y¥LA >: : r : : f m � < f . 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CL O misl 93 S Q ZZ r0 rp 0- si 0 0 f"f co o �. � a r Cl); ° a rb rb ZtA o ? rb o ro cp < a � o a r r. m o o, — �• �, CL .� 3 O c, :Eo ° — (LAD 3 (D m o :3• 't � x N F+ r+ a- 3 O m Ln IV � �. � o --1 hh§ � • � CL � = m � CU m cu � � m = � r+ Ln =r, m m (A V) AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of December 2, 2020 DATE: November 13, 2020 FROM: Matthew Martin, Community Development, 541-330-4620 TITLE OF AGENDA ITEM: Public Hearing: Plan Amendment and Zone Change from Agriculture/Exclusive Farm Use to Rural Industrial (Aceti) BACKGROUND AND POLICY IMPLICATIONS: On June 30, 2020, the Applicant submitted an application proposing a plan amendment and zone change for the subject 21.54-acre property at 21235 Tumalo Place, Bend (tax maps and lots 16-12-26C, 201 / 16-12-27D, 104) located at the intersections of Tumalo Road/Tumalo Place/Highway 97, or what is commonly referred to as Deschutes Junction. Specifically, the proposal includes a compsehensive plan amendm.'ent to redesignate the suhiect property from Agriculture to Rural Industrial and a corresponding zone change from Exclusive Farm Use - Tumalo/Redmond/Bend Subzone (EFU-TRB) to Rural Industrial Zone (RI). On September 1, 2020, the Deschutes County Hearings Officer conducted a public hearing to receive testimony. Testimony was provided by the Applicant in support and Central Oregon LandWatch (COL W) in opposition during the public hearing and subsequent open record periods. On October 8, 2020, the Hearings Officer issued a decision recommending approval of the proposed plan amendment and zone change. FISCAL IMPLICATIONS: None. ATTENDANCE: Matthew Martin, Associate Planner ES Cd -A MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Matthew Martin, Associate Planner DATE: December 2, 2020 SUBJECT: Public Hearing: Comprehensive Plan Amendment and Zone Change from Agricultural/Exclusive Farm Use to Rural Industrial. (File Nos. 247-20-000438-PA/439- ZC). On December 2, 2020, the Board of Commissioners (Board) will hold a public hearing to consider a proposal by Anthony Aceti (Applicant) for a comprehensive plan amendment and zone change I. OVERVIEW On June 30, 2020, an application was filed by the Applicant proposing a Plan Amendment and Zone Change for the subject 21.54 acre property at 21235 Tumalo Place, Bend (tax maps and lots 16-12- 26C 201 / 16-12-27D 104) located at the intersections of Tumalo Road/Tumalo Place/Highway 97, or what is commonly referred to as Deschutes junction). Specifically, the proposal includes a comprehensive plan amendment to re -designate the subject property from Agriculture to Rural Industrial and a corresponding zone change to change the zoning from Exclusive Farm Use - Tumalo/Redmond/Bend Subzone (EFU-TRB) to Rural Industrial Zone (RI). On September 1, 2020, the Deschutes County Hearings Officer conducted a public hearing to receive testimony. On October 8, 2020, the Hearings Officer issued a decision recommending approval of the proposed plan amendment and zone change. Pursuant to Section 22.28.030(C) of the County Land Use Procedures Ordinance, plan amendments and zone changes concerning lands designated for agricultural use shall be heard de novo before the Board without the necessity of filing an appeal, regardless of the determination of the Hearings Officer. The complete record for the project was presented to the Board at the meeting on November 30, 20201. 11/30/2020 Board Meeting: http•//deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?0=2610 II. PUBLIC COMMENTS RECEIVED The Planning Division mailed written notice of public hearing to parties to the record and property owners within 750 feet of the subject property on November 12, 2020. No additional comments have been submitted since issuance of this memo. I11. NEXT STEPS The Board will hold the public hearing on December 2. At the conclusion of the testimony, the Board can consider the following options: 1. Continue the hearing to a date certain; 2. Close the hearing and begin deliberation; or 3. Close the hearing and leave the written record open to a date certain. Deliberations will be scheduled at a date to be determined. According to Deschutes County Code 22.20.040(D), the review of the proposed quasi-judicial plan amendment and zone change application is not subject to the 150-day review period. 247-20-000438-PA/439-ZC Page 2 of 2 u ice! c rY co u CL s C® �— � ® tll u CD m Q ® I� o Ln 6 amsm CL • w- w r, w t; 4: �r � lr r � i' C'7 \+ � � \ 2+ -, *< ¥< ^ - \¥ d � - � ?& � : < / \ m 0 11 • I, �S `A► i y 13 1-3 o I ®®mom a MOM w 1 0% W C E S 0 m o CL CL GROOM r Low 4a somom DOWN 0 0 � ! � < � , < \MORMON ¥; � r.:MESS ( tg ; 0 . . ONSOM « ?¥ 2+ \ _ \ ¥: o .OINIMS . 0 m - � ( . © _ . � .� , � � SOO \ ^ \ ? w vi Co C: 0-4 0 - LO a) O N 0 W 4-1 X Q) LU O d' 0 a) Q N CL s.. 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N M u N d y (Y) V CYi �— ® ®J V CD 0 D C: o L N � ®® 41 IA OEM CL L 4mJ U 0 IA a� 0 � c6 m m E Legend Subject Property County Zoning EFUAL - Alfalfa Subzone EFUTRB - Tumalo/Redmond/Bend Subzone FP - Flood Plain MUA10 Multiple Use Agricultural 247-20-000438-PA / 247-20-000439-ZC Applicant: Anthony Aceti Taxlot Numbers: 16-12-26-CO-00201, 16-12-27-DO-00104 Address: 21235 Tumalo Place, Bend 4 OS&C - Open Space & Conservation RI- Rural Industrial RC - Rural Commercial RR10 - Rural Residential V V 12/01/2020 Matt Martin From: Sent: To: Subject: Follow Up Flag: Flag Status: [EXTERNAL EMAIL] Dear Mr. Martin, Jenny Neil <jenny@threesistersschool.com> Monday, November 30, 2020 5:10 PM Matt Martin Re -Zoning Public Hearing Follow up Flagged I am writing to express my strong objection to the re -designation of 21235 Tumalo Place from agriculture to rural industrial. Also included in my objection is the re -zoning of this property from Exclusive Farm Use to Rural Industrial zone (RI). This is an exceptional objection since this property borders the Three Sisters Adventist Christian School. My kids have attended this school and I am a teacher and principal of TSACS. Changing the zoning and use designation for the property next door has the potential to drastically impact the school and the students. The students and staff spend hours outside each day enjoying the fresh country air while playing sports, running on the playground and having physical education classes. Our land also facilitates local soccer teams that come on a regular basis to practice and play on the fields directly adjacent to 21235 Tumalo Place. These teams come from multiple local organizations to play and compete on the beautiful grassy soccer fields. Mr. Aceti has been a wonderful neighbor to have over the years. He is even allowing us to share his entrance temporarily while the Tumalo Road round -about construction is occurring. I cannot imagine that Mr. Aceti's intentions to develop a rural industry on his property would be malicious towards the school. However, once it is re -zoned to industrial use, there is NO way to predict what kind of industry will be established there by future owners. Can you imagine having your kids playing right next to a huge lot that is blowing pieces of "animal and fish products, and animal feeds" or "sand, gravel, clay or other mineral products"? (The dirt and dust that blows from the rock yard across highway 97 already makes a huge mess!) And also the potential for having a marijuana processing of cannabinoid concentrates and cannabinoid products next door to a grade school makes me sick! These are only a couple of examples of uses permitted outright. What happens when conditional uses are granted? Multiple homes and school children will potentially be subjected to: petroleum storage, commercial stockyard, feedlot and slaughtering house, paper and pulp mill, Public Landfill transfer station or marijuana ana retail store! These types of businesses do NOT belong in an agricultural area surrounded by homes and school children! If you grant this re -zoning request, this is exactly what could happen. Please do not allow this. This land was purchased as EXCLUSIVE farm use and should remain that way. Thank you for your careful consideration of the potential negative impacts re -zoning would allow. Again - I strongly object to changing this farm land to industrial use. Sincerely, Jenny Neil Principal and Teacher Three Sisters Adventist Christian School T sz2c Mister, Adventist Christian School "Awaken a love for God, a desire for learning and service to others. " 4 Matt Martin From: Sent: To: Subject: Follow Up Flag: Flag Status: [EXTERNAL EMAIL] Dear Mr. Martin, Karla Toms <krtoms@hotmail.com> Monday, November 30, 2020 12:54 PM Matt Martin 21235 Tumalo Place - public hearing 12/3/2020 Follow up Flagged I am writing to express my strong objection to the re -designation of 21235 Tumalo Place from agriculture to rural industrial. Also included in my objection is the re -zoning of this property from Exclusive Farm Use to Rural Industrial zone (RI). This is an exceptional objection since this property borders the Three Sisters Adventist Christian School. My son has attended this school for years and I currently serve on the school's board. Changing the zoning and use designation for the property next door has the potential to drastically impact the school and the students. The students and staff spend hours outside each day enjoying the fresh country air while playing sports, running on the playground and having physical education classes. Our land also facilitates local soccer teams that come on a regular basis to practice and play on the fields directly adjacent to 21235 Tumalo Place. These teams come from multiple local organizations to play and compete on the beautiful grassy soccer fields. Mr. Aceti has been a wonderful neighbor to have over the years. He is even allowing us to share his entrance temporarily while the Tumalo Road round -about construction is occurring. I cannot imagine that Mr. Aceti's intentions to develop a rural industry on his property would be malicious towards the school. However, once it is re -zoned to industrial use, there is NO way to predict what kind of industry will be established there by future owners. Can you imagine having your kids playing right next to a huge lot that is blowing pieces of "animal and fish products, and animal feeds" or "sand, gravel, clay or other mineral products"? (The dirt and dust that blows from the rock yard across highway 97 already makes a huge mess!) And don't even get me started on the downfalls of having marijuana processing of cannabinoid concentrates and cannabinoid products next door to a grade school! These are only a couple of examples of uses permitted outright. What happens when conditional uses are granted? Multiple homes and school children will potentially be subjected to: petroleum storage, commercial stockyard, feedlot and slaughtering house, paper and pulp mill, Public Landfill transfer station or marijuana retail store! These types of businesses do NOT belong in an agricultural area surrounded by homes and school children! If you grant this re -zoning request, this is exactly what could happen! Please do not allow this! I wish Mr. Aceti and the future owners of this land only the best. However, this land was purchased as EXCLUSIVE farm use and should remain that way. Thank you for your careful consideration of the potential negative impacts re -zoning would allow. Again - I adamantly object to changing this farm land to industrial use, Sincerely, Karla Toms K 9843 NW Lok, Di., Sle, 200 1 Send, OR " 03 Shonc, (5-1) F. �-/ 2930 www.colw.org December 2, 2020 DEC a 1 2020 Board of Commissioners Deschutes County 1300 NW Wall St. Bend, OR 97703 Re: Hearings Officer's decision in File No. 247-20-000438-PA/439-ZC Dear Commissioners: On behalf of Central Oregon LandWatch, thank you for the opportunity to comment on the above decision. LandWatch respectfully urges the Board of Commissioners to reverse the Hearings Officer's decision and deny this application to re -designate the subject property from Agriculture to Rural Industrial and make a corresponding zone change from Exclusive Fan-n Use Tumalo/Bend subzone (EFU-TRB) to Rural Industrial (RI) Zone. General Comments The Hearings Officer's decision is in error in finding an exception to Goal 14 is not required. The proposed amendments would incorrectly allow urban uses on rural land. Before the amendments may be approved, the County must justify an exception to Goal 14, which does not allow urban uses on rural land. The decision is further in error in stating this matter is bound by the law of the case. This is an application for the property to be zoned Rural Industrial. LUBA reversed Deschutes County's approval of an earlier application for rezoning when LUBA agreed with LandWatch that no exception to Goal 14 had been justified. LUBA No. 2017-009. This is a new application, not a continuation of the prior application. The law of the case doctrine does not apply. LUBA No. 2018- 126 affirmed a legislative decision to which the law of the case doctrine also does not apply. Hatley v. Umatilla County, 256 Or. App. 91, 112, 301 P.3d 920 (2013). The subject property is undeveloped rural land and is surrounded by lands zoned for exclusive farm use or mixed agricultural use. The closest surrounding land uses are for farmland and I iolecrinp Cenlrol Oiegon s NekirCl Ann' Woiking roi 3vs;riinoble Com,noniiies 2 a religious day school that is located within a few hundred yards of the subject property. Industrial use is incompatible with the surrounding uses. The acknowledged comprehensive plan does not provide for industrial uses on undeveloped rural land. Once an objector charges that a decision affecting rural land is prohibited by Goal 14, a local goverment may do three things: 1) make a record showing the decision does not violate Goal 14 because it does not in fact convert rural land to urban uses; 2) comply with Goal 14 by obtaining acknowledgement of an urban growth boundary; or 3) justify an exception to Goal 14. The Hearings Officer's decision did not show the proposed amendments do not convert rural land to urban uses. Given an urban growth boundary cannot be acknowledged here, the only option is to take an exception to Goal 14. Additionally, exceptions to Goals 6 and 11 are required. Goal 6 is to maintain and improve the quality of the air, water and land resources of the state. The goal prohibits approval of future development whose waste and process discharges threaten to violate environmental quality standards. Goal 11 is to plan and develop a timely, orderly and efficient arrangement of public facilities and services, to serve as a framework for urban and rural development. The goal provides that rural development shall be guided and supported by the types of public facilities appropriate for, but limited to, the needs of the rural area to be served. Our specific comments are below. Specific Comments 1. The HO erred in applying L UBA's Shaffer factors In the case of Shaffer v Jackson County, 17 Or LUBA 922 (1989), LUBA identified 4 factors to be addressed in determining whether a particular industrial use on rural land is urban or rural. The Shaffer factors are: (1) employs a small number of workers; (2) is significantly dependent on a site -specific resource and there is a practical necessity to site the use near the resource; (3) is a type of use typically located in rural areas; and (4) does not require public facilities or services. Columbia Riverkeeper v. Columbia County, 70 Or LUBA 171 (2014). r, , ies Fro `L:C fit"i C�l.i U',� LTc �' C?i"� S f��i1_I (.%F.L' t � ir�titT7Pflf ,S7r� 1._1 f. 7r�i r0I ��SfG !%Qf'�K? C011i. lt, t)"I 3 The HO decision misapplied the Shaffer factors by applying them without substantial evidence for the four factors. Shaffer v Jackson County, 17 Or LUBA 922 (1989). The Shaffer analysis, according to LUBA, is applicable to a particular industrial use. Id.; Columbia RiverkeeRer v. Columbia Coura.t), 70 Or LUBA 171 (2014). It is not applicable to a multi -use zone. Goal 14 applies now, at the time of this decision. Because the evidence available at this time does not demonstrate the RI Zone is not urban, an exception to Goal 14 is required. Here, in general, each Shaffer factor tends to indicate the RI Zone is not rural. For the first Shaffer factor, the number of workers cannot be determined but could number in the hundreds per factory; for the second factor, there is no site -specific resource on this irrigated EFU farm field; for the third factor, the industrial uses are not typical of rural areas; for the fourth factor, the industrial uses require public water and public water treatment facilities. None of the factors demonstrates industrial uses will not be urban on the property. The HO incorrectly applied the Shaffer factors before there is sufficient evidence to support conclusions about the factors. The first factor can only be applied to a use that has a particular number of workers. It is not possible to conclude a number of workers is "small," unless the number of workers is specified, and the number of workers cannot be specified unless a use with a size and a number of employees has been applied for. The record contains no evidence of any number of workers for any use, and no indication of what use is proposed in what fashion on the property. Without knowing with specificity and certainty what the number of workers is, the County cannot apply the first Shaffer factor to determine the number of workers is "small." DCC 18.100 includes plastics manufacturing, glass manufacturing, metal manufacturing, and pulp and paper manufacturing. There is no way to detennine if a factory would employ 100 workers, 200 workers, 300 workers, or more. Given that the surrounding lands are zoned EFU and MUA-10, there are few or no workers on the surrounding lands, as is usual on rural lands. A "small' number of workers in this rural area would be 1-3 per property, not the hundreds that could be found in any of the manufacturing uses proposed. The decision also incorrectly found there is substantial evidence to support a finding for the fourth factor. Zones do not require public facilities or services. r01 CaC'ring Cer;h t Oic-oc ,'s it+c ivr ! t: ��ircr�� -r.Y �`�r��, We +::r� 1 or ruciarr�able Cuirn�imr,;es 0 2. Applicant's evidence is not specific or certain enough to support specifrc.factual findings The County has an obligation to determine whether the requested amendments comply with the goals, including Goal 14. ORS 197.175(2). An application to pennit industrial uses on rural land must be specific enough to enable the County to apply the Shaffer analysis and Goal 14 in a meaningful way. Gould v. Deschutes County, 216 Or.App. 150, 163, 171 P.3d 1017 (2007). In Shaffer v Jackson County, 17 Or LUBA 922 (1989), LUBA remanded Jackson County's decision amending the Jackson County plan and map from EFU to industrial, because the decision lacked specific factual findings. "What is missing from the county's decision is specific factual findings describing (1) relevant characteristics of the proposed use (such as number of employees, noise, odor, dust and other pollutants emitted, associated traffic); (2) the ultimate use of the products of the proposed use (e.g., whether for urban or rural uses, and in what proportions); (3) the characteristics of urban development in nearby UGBs; (4) where other similar uses in the county are located; and (5) whether there is a practical necessity to locate the proposed use in the rural area, close to a site specific resource." Id. Here, as in Shaffer, the application is neither specific nor certain enough to support findings the RI Zone uses are riot urban. Without specific factual evidence the Hearings Officer could not conclude the decision does not allow urban uses on rural land based on the Shaffer factors. Id.; Goal 2; OAR 660-015-0000(2); Coluni.bia Pacific Building Trades Council v. City of Portland, 18 289 Or App 739, 755, 412 P3d 258 (2018). The HO decision erred in considering a "worst case" scenario for the Shaffer analysis. HO, 47. That approach is invalid here. Because no uses are specified, it is unknown which combination of industrial uses in the RI Zone is the "worst case" with respect to the Shaffer factors. There are thousands of combinations of the approximately twenty industrial uses in DCC 18.100.' A statistically valid sample normally requires sampling at least 10% of possible outcomes, i.e. r See the combination formula in Exhibit 1. To estimate the number of combinations based on groups of nine or ten out of the approximately 20 RI uses (ignoring groups of four, five, six, etc.) the equation is n!/ (r!(n-r)!). There are 20!/(9!(l l!)) = 167,960 groups of 9, and 20!/(10!(10!)) = 184,756 groups of 10, yielding 167,960 + 184,756 = 352,716 possible combinations of RI zone uses. c1cc:++n,; C:ctrira, OrEgo;)'s f�i. ='c! +-rbf. : 1; Arse,` Wc�nkiffg 1 16" thousands of possible RI groups. One "worst case" group, even if the worst case could be known, is a statistically invalid sample. The record lacks data to support findings on the Shaffer factors for even a single industrial use, let alone the thousands of possible combinations of industrial uses in the RI Zone. Because there are inadequate data to support a Shaffer analysis and no Goal 14 exception was justified, the HO should have denied the proposed amendments. 3. The HO improperly deferred showing of compliance with Goal 14 via the Shaffer factors The HO admitted there is not substantial evidence to make a finding of compliance with two of the Shaffer factors. Nevertheless she improperly excused the noncompliance by deferring a showing of compliance to when a particular use is applied for. The decision found there is substantial evidence to conclude the fourth Shaffer factor indicates the uses are not urban, because the RI Zone "prohibits uses that require public facilities and services typical of urban uses." HO, 47. This defers a showing of compliance with Goal 14 to a later date, when, presumably, public facilities and services will be denied to uses determined to be urban. But whether the RI zone is urban, necessitating an exception to Goal 14, is the question to be answered based on applying the Shaffer factors to the facts in the present. The zone may require that "if the uses are urban, public facilities are not allowed," but that says nothing about whether they are urban, which is the question the Shaffer factors must answer, at this time, when compliance with Goal 14 is required. Similarly, the decision erred in finding there is substantial evidence to conclude the first factor indicates the uses are not urban because the applicant's representative argued the RI Zone limits the types of uses to those that "typically employ a small number of workers." HO, 47. The RI Zone contains no such provision. This impermissibly defers a showing of compliance with Goal 14 to a later date when a given use with a given number of workers is proposed. The HO failed to show the decision does not convert rural land to urban uses using the Shaffer factors. Demonstration of compliance with Goal 14 via the Shaffer factors cannot be deferred, but must be shown now, when the comprehensive plan is being amended. ORS 197.175. In Shaffer LUBA determined that demonstrating compliance with criteria for applying a zone is not sufficient to ensure compliance with Goal 14. Shaffer at 944. r�Fic1 er�rr�a D,egor�'� l�c��+,r,,i Tr�� uf�zirrr�.-;;�' � no' V; o, . rc, 1-m Sup l yin -,b! ies M 4. HO decision is inconsistent with Curr j� County As the Oregon Supreme Court explained in 1000 Friends of Oregon v. Land Conservation and Development Con2'n 301 Or 447, 501-502, 724 P.2d 268 (1986), en bane (Curry County), once an objector charges that a decision affecting rural land outside an urban growth boundary is prohibited by Goal 14, a local government has three choices: "In practice, once an objector has charged that a decision affecting "rural land" outside an urban growth boundary is prohibited by Goal 14, a local govermment may do any one of three things: (1) make a record upon which the Land Conservation and Development Commission enters a finding that the decision does not offend the goal because it does not in fact convert "rural land" to "urban uses"; (2) comply with Goal 14 by obtaining acknowledgment of an urban growth boundary, which is based upon considering of the factors that are specified in the goal; or (3) justify an exception to the goal." Of the three choices outlined by the Supreme Court in Curry Count;, the HO chose the first approach, to demonstrate the amendments would "not in fact convert rural land to urban uses." The HO decision did not succeed in the first approach of demonstrating the amendments do not convert rural land to urban uses. The second approach, placing the land inside a UGB, is not possible. The HO should have concluded that only the third approach remains open, taking an exception to Goal 14. The applicant has the burden to show the uses allowed by the RI Zone are not urban uses, but did not make that showing. The decision was unable to show the RIA will not permit urban uses on rural land, and impermissibly deferred findings of compliance with Goal 14 to the future. HO, 48. Because the RI zone has not been shown to be rural by applying the Shaffer factors, and because incorporation of the property into a UGB is not possible, the only remaining approach for approving the proposed amendments is an exception to Goal 14. Curry Couno), 301 Or at 501-502. The additional reasons put forth in the HO decision do not change this result. HO, 48. We address each of the reasons below. The DCCP limits application of the RI Zone to existing industrial exception areas. DCCP, 1.3. LandWatch is not making an impermissible attack on the RI Zone in stating that it is comprised of urban uses. It is not unlawful to include urban uses in DCC 18.100 while its application is restricted by the acknowledged DCCP to industrial exception areas. lt:-f.=C'i ltic; C:Citl`�� of'o } r ti7 --,;( i_nn% And i or;i; i 7 '-rn Su S;o7no�!c3 Comn;ur :es 7 It is irrelevant that DCCP policies 3.4.9 and 3.4.23 provide that industrial uses must be less intense than those allowed in unincorporated communities. DCCP policies 3.4.9 and 3.4.23 are aspirational, provide no method to ensure their application, and manifestly were not successful in preventing DCC 18.100 from being comprised of urban uses. The intensity of uses in unincorporated communities is related to the intensity of uses inside urban growth boundaries, but urban uses are not permitted on rural lands without an exception to Goal 14. Curry County, 301 Or at 477. The HO's implicit conclusion that urban uses are permitted on rural land without an exception to Goal 14 if they are small enough or set far enough back from the road is contrary to law. Urban uses are not pernitted on rural lands without an exception to Goal 14. Id. As the Court of Appeals explained in Hammack v. Washington County, 89 Or.App. 40, 43- 44, 747 P.2d 373 (1987): "Reason (a) is derived from case and other authority which treat minimum parcel size as a consideration in determining whether urban or rural density will be present in an area. That is a relevant consideration when, for example, an area is zoned to pen -nit one dwelling on a 40- acre parcel. It is specious, however, to contend, as petitioner does, that the same principle comes into operation when all or a substantial part of a large parcel is put to a highly intense use. Under the county's and petitioner's reasoning, a shopping mall would be a rural use if the minimum lot size for it were 100 acres, notwithstanding the fact that the entire 100 acres was filled by stores and parking and traffic areas." The HO's conclusions regarding on -site sewage disposal systems and on -site wells or public water systems are irrelevant to whether the industrial uses in DCC 18.100 are urban or rural. Requirements for such systems could equally be applied to urban or rural uses. The ad hoc reasons put forward by the HO in the Shaffer analysis provide irrelevant, insufficient or no evidence the RI Zone industrial uses are not urban. HO, 48. The HO should have concluded that only the third approach remains open, taking an exception to Goal 14. S. Urban uses are not permitted on rural land without an exception to Goal 14 Finding the Shaffer factors did not demonstrate the RI Zone is rural, the HO varied from the three options in Curry County to offer ad hoc "reasons" that urban uses can be limited, and so permitted on rural land without an exception to Goal 14. HO, 48. This is contrary to the state policy embodied in Goal 14. The policy embodied in the goal is that a local government should not convert i': ng cent l Clre gc) s Niaiutuf Arid i1':,1; n9 !tr . u_;o,nab/e C'.oin "unmes rural land to urban uses prior to inclusion within an acknowledged UGB. Perkins v. Ciiy of Rajneeslipuram, 300 Or. 1, 12, 706 P.2d 949 (1985). Urban uses are not permitted on rural land without an exception to Goal 14. Id. If a county wishes to allow urban uses on rural land, it must justify a built, committed, or reasons exception to Goal 14. The reasons offered by the HO did not meet the requirements for a reasons exception under Goal 2. The HO appears to be relying on "further steps" outlined by LUBA in Columbia Riverkeeper v. Columbia County, 70 Or LUBA 171 (2014): "[I]f each of [the Shaffer] factors is answered in the affirmative, then it is relatively straightforward to conclude, without more, that the proposed industrial use is rural in nature. However, if at least one factor is answered in the negative, then further analysis or steps are necessary. hi that circumstance, the county will either have to (1) limit allowed uses to effectively prevent urban use of rural land, (2) take an exception to Goal 14, or (3) adequately explain why the proposed use, notwithstanding the presence of one or more factors pointing toward an urban nature, should be viewed as a rural use." See HO, 48; ). Emphasis added. The first and third "further steps" the HO relied on (HO, 48) cannot be applied in practice. The first further step is to "limit allowed uses to effectively prevent urban use of rural land." But whether the uses in the RI zone are "urban uses" or not is the question to be answered here. The third further step, "adequately explain why the proposed use, notwithstanding the presence of one or more factors pointing toward an urban nature, should be viewed as a rural use," equally cannot be applied in practice. The term "urban nature" is as undefined as "urban use." It is irrelevant whether a use is "viewed as a rural use." Urban uses on rural land require an exception to Goal 14. Curry County, 301 Or at 477. There are no further steps beyond applying the Shaffer factors and being unable to demonstrate the decision does not permit urban uses on rural land. There are only three options outlined by the Supreme Court in Curly County. In accordance with Curry County and S14affer, once the HO found the record does not support a finding that the proposed amendments do not convert rural land to urban uses based on the Shaffer factors, and given that the land cannot be brought into a UGB, the only option was to justify an exception to Goal 14. Curry County, 301 Or at 477. -'ectin!; c er r Oregot s ,Nc,rurcti Envir��nIn ni Any '4llr�r� na (o+ SLis fG�nable Ccir����un+!tes 0 6. Reasons exception required Offering reasons why the industrial uses should be "viewed as a rural," is not applying Shaffer factors identified in case law to detennine whether the industrial uses are urban or rural, rather the HO decision was offering reasons ad hoc. HO, 48. Reasons for why Goal 14 should not be applied are appropriate to a reasons exception. OAR 660-004-0022. The Shaffer° analysis applies factors identified in case law on a case -by -case basis to detennine if uses are urban or rural. Columbia Riverkeeper v. Columbia County, 70 Or LUBA 171 (2014). Once having determined there was insufficient evidence to support a determination that the RI Zone is not urban using the Shaffer factors, the next step was not to offer reasons ad hoc to justify why the state policy embodied in Goal 14 should not apply. Rather, the process of establishing "why the state policy embodied in the applicable goals should not apply" is governed by reasons exceptions, either under OAR 660-014-0040 or OAR 660-004-0022(1). The latter provides generic standards for a reasons exception not regulated elsewhere in the rules. VinCEP v. Yarnhill County, 215 OnApp. 414, 420, 171 P.3d 368 (2007). The County may not throw out free-floating reasons for why an urban use should be permitted on rural land untethered to Goal 14, ORS 197.732, Goal 2, or the state's land use policies. Soc. Sec. Bd. v. Nierotko, 327 US 358, 369, 66 S Ct 637 (1946). The HO's reasons are entirely divorced from any tie to Goal 2 or any other requirement of law, yet the HO relied on those reasons to ignore the Goals applicable to the rest of the state. 7. Industrial development is an urban use Goal 14, OAR 660-015-0000(14), equates industrial development with urban use: "Notwithstanding other provisions of this goal restricting urban uses on rural land, a county may authorize industrial development ... on certain lands outside urban growth boundaries..." In law, a notwithstanding clause states special circumstances under which the one who determines the law authorizes its violation. O'Mara v Douglas County, 318 Or 72, 76, 862 P.2d 499 (1993); Intel Corp. v. Batchler (In re .Batchler), 267 Or. App. 782, 787 n.4, 341 P.3d 837 (2014) ("The function of a'notwithstanding clause' is to make the statute an exception to the provision of law to which the clause refers.") In the notwithstanding clause of Goal 14, LCDC states special circumstances under which I„}c' �F�er+i ,c; n or ��:; air t-1�?c Cviru��uniiies 10 LCDC authorizes industrial uses on rural land without an exception to Goal 14, even though urban uses on rural land require an exception to Goal 14. Statutory and rule provisions are to be construed in a manner that will give effect to all. Force vDept. of Rev., 350 Or 179,190, 252 P.3d 306 (2011); ORS 174.010 ("[W]here there are several provisions or particulars such construction is, if possible, to be adopted as will give effect to all."); Wyers v Ain. Med. Response Northwest, Inc., 360 Or 211, 221, 377 P.3d 570 (2016). The word "notwithstanding" in Goal 14 conveys an equivalence between "urban uses on rural land," and "industrial development ... on certain lands outside urban growth boundaries." The sentence structure can only mean that industrial development is an urban use. If the sentence does not mean industrial development is an urban use, then the first phrase is meaningless. If the phrase were meaningless, LCDC would not have written it. LUBA issued Shaffer in 1989. 17 Or LUBA 922 (1989). LUBA explained in Shaffer that LCDC, whose role it is to interpret the term "urban use," had not determined at that time whether industrial uses were urban uses. For that reason, LUBA held that determinations of whether an industrial use is urban or rural would proceed on a case by case basis: "In Curry County at 502, the Oregon Supreme Court held that any decision which allows 'urban use' of rural land ;rust comply with Goal 14 by including such land within an urban growth boundary (UGB) or must take an exception to Goal 14. The court also stated that it considered the interpretation of the term 'urban use' to be primarily the job of LCDC..... However, at this time [1989], LCDC has not adopted goal amendments or administrative rules defining the terms 'urban use' and 'rural use' or providing standards for determining whether a specific use is urban or rural. Therefore, our review of local government deterninations on whether a use is urban or rural proceeds on a case by case basis, under relevant opinions by this Board and by the appellate courts." Sixteen years after Shaffer, in 2005 LCDC adopted the above "notwithstanding" language in Goal 14, equating industrial development and urban use. Unlike in 1989 when Shaffer was adopted, there is no longer a need to consider industrial uses on rural lands on a case -by -case basis. Since 2005, Goal 14 states that industrial development is a type of urban use on rural land. The proposed amendments would place industrial development on rural land. Therefore an exception to Goal 14 is required. ._ i Ioiecfif)�-, C,CV:r-f„ Dre c�n7 s rioitJr'oi E r,1lor�; t n rid FQI Lis ioit'Iablc!' Ccl.nn-mn;*i8s 11 8. Industrial and commercial uses are urban. The Supreme Court's decision in Curry County concerned whether types of uses constitute urban uses on rural land, including residential, industrial, and commercial uses. The Supreme Court's analysis in Curry County focused largely on the difficulty of determining whether residential uses are urban or rural. For example, the Supreme Court wrote at 504-505: "[The] criteria [in OAR 660-1.4- 030(3)] themselves do not say at what'size,' `extent,' 'number,' `density' or'ownership pattern' the line between urban and non -urban is to be found. LCDC and LUBA decisions indicate that parcel sizes at either extreme are clearly urban or non -urban, but establish no bright line in the range presented by this county's exceptions areas - one -acre to five -acre minimums. However, absent an authoritative interpretation from LCDC so stating, it is not for us to generalize, as Metro suggests, that any development which requires a sewer system, 'usually ... development of more than one unit per acre' is 'urban,' or as 1000 Friends urges, that any zoning at densities above one dwelling per three acres is 'urban."' In Shaffer v Jackson County, 17 Or LUBA 922 (1989), LUBA interpreted the Supreme Court's decision in Curry County to mean there is nothing "inherently rural or urban" about "residential, commercial, industrial, or other types of uses:" "Under the Supreme Court's decision in Curry County, 301 Or at 507, it may well be there is nothing irflierently rural or urban about residential, commercial, industrial or other types of uses." With this statement LUBA grouped the three types, residential, urban, and commercial together, as though the "urban-ness" of each were equally up in the air. Id. LandWatch disagrees with this grouping. The quandary the Supreme Court identified applies to residential uses, not to commercial or industrial uses. Residential use is characteristic of both urban and rural areas. There is no "bright line" where urban residential use becomes rural residential use: it is largely a question of density. But industrial and commercial uses are not like that. Industrial uses and commercial uses are not characteristic of eft ';. c, 0 1 i,g � o, ,� ror;)_ L- C�� i'�!„ur,iiies 12 both urban and rural lands. It does not make sense to speak of "industrial density." Rather, industrial uses and commercial uses are characteristic of urban areas, and are not characteristic of rural areas. While LUBA correctly observed in Shaffer there is nothing "inherently urban" about types of land uses, LUBA drew an incorrect conclusion from this. There is nothing inherently urban about anything, because "urban" is a locational adjective, like "high" or "low." It does not inform about what something is, but about where it is characteristically found. Curry County and Shaffer predate the Supreme Court's decisions in PGE v. Bureau of Labor and Industries, 317 Or 606, 612, 859 P2d 1143 (1993) and State v. Gaines, 346 Or 160, 171, 206 P3d 1042, 1050 (2009). Pursuant to those decisions, statutory interpretation to determine legislative intent begins with the text and context of a statute. State v. Gaines, 346 Or at 171 ("There is no more persuasive evidence of the intent of the legislature than 'the words by which the legislature undertook to give expression to its wishes."). Interpretation of regulations like OAR 660-015- 0000(14) is governed by the same structure as interpretation of statutes. PGE v. Bureau of Labor° and Industries, 317 Or at 612 ("The same structure [of statutory interpretation] outlined above applies, not only to statutes enacted by the legislature, but also but also to ... the interpretation of regulations."). Because "urban" is a term of ordinary usage, it is appropriate to consult dictionary definitions to assist in determining intent. Holmberg v. Deschutes Couiny, 77 Or LUBA 109, 113-14, (2018), citing State v. Gaines, 346 Or 160, 175, 206 P3d 1042 (2009). Webster's Third New International Dictionary definition of "urban" is set out in part below: "urban, adjective 1 a : of, relating to, characteristic of, or taking place in a city <urban affairs><urban manners><urban. life>"2 To determine if a type of use is "urban" under the PGE structure, one must consider whether the type of use is "characteristic of a city." Applying this definition to "residential" use, one cannot say that residential use is characteristic of a city. Residential use is characteristic, at different 2 "Urban." Webster's Third New International Dictionary, Unabridged. 2020. Accessed 16 Nov. 2020. _.�r a Cis o��'s N<tioral Envaonn-t i)l And tIVO,r..rc tor, uO, ,�,rIc<i,le L -.� 13 densities, of both cities and rural areas. The inability to draw a bright line between "urban" and "rural" residential use identified in Curiy County remains the same. By contrast, industrial and commercial uses are characteristic of a city. Pursuant to Goal 9, each urban growth boundary in the state must include land for industrial and commercial uses. Industrial and commercial uses meet the definition of "urban." They are characteristic of cities. Though industrial or commercial uses may under exceptional circumstances be found on rural lands in Oregon, they are not characteristic of there. For that reason, as types of uses, industrial uses are "urban," commercial uses are "urban," and residential uses depend on the circumstances, such as the criteria in OAR 660-14- 030(3), 'size,' `extent,' 'number,' `density' or'ownership pattern.' Here, a plan amendment is proposed to change the designation of undeveloped rural land from EFU to industrial. This is a change in use from rural to urban. Therefore an exception to Goal 14 is required. 9. Rural Industrial ("RI') designation is limited to areas of existing industrial development The RI designation applies to areas of existing industrial development. DCCP, 1.3. Specific properties may be designated RI if the designation satisfies the requirements for a comprehensive plan change. DCCP, 3.4: "[A]ny other specific property that satisfies the requirements for a comprehensive plan designation change set forth by State Statute, Oregon Administrative Rules, this Comprehensive Plan and the Deschutes County Development Code. The Rural Industrial plan designation and zoning brings these areas and specific properties into compliance with state rules by adopting zoning to ensure that they remain rural and that the uses allowed are less intensive than those allowed in unincorporated communities" This area does not satisfy the requirements for a comprehensive plan change to RI in the DCCP. This is not an existing area of industrial development, as shown in the below photographs.3 The area is zoned EFU, so an RI designation is not needed to ensure the area remains rural. DCCP, 3.4. The area is in compliance with state rules, so an RI designation is not needed to bring the area into compliance with state rules. Id. RI is an area -specific designation that can only be applied to areas of existing industrial development. 3 Photographs Google maps October 28, 2020. 'r­-f,_c,rng C en'lral Cit,-o(Ws Niohjroi Aiid vV,. '1 no Foc Suslo.n, tile. Connmun ties 14 Subject Property 24 7-20-000438-PA/439-ZC Southern farm field Subject Property 24 7-20-000438-PA/439-ZC Northern farm field _,vciir�t C:enir{7, OiegoWs NuiuieJ Aricjork;;"g [,Or 31.,.Joinabie Con"innuniiies 15 a. RI is an area -specific designation The DCCP has two types of map designations: area specific, and county -wide. Area specific designations apply to areas of existing development. DCCP, 1.3: "Table 1.3.3 lists existing Comprehensive Plan designations and related Zoning districts. Some Plan designations apply County -wide and some only apply to designated areas of existing development." Table 1.3.3 - Comprehensive Plan and Zoning Code Designations Comprehensive Plan Designation Associated Deschutes County Zoning Code County -wide designations Agriculture Title 18 - All EFU subzones Airport Development Title 18 - AD, AS Destination Resort Combining Zone Title 18 - DR Forest Title 18 - F-1, F-2 _ Open Space and Conservation Title 18 - OS&C Rural Residential Exception Area Title 18 - RR-10 and MUA-10 Surface Mining Title 18 - SM Area specific designations Resort Community Title 18 - All Black Butte Ranch and Inn of the Th Mountain/Widgi Creek subzones Rural Community Title 18 - All Tumalo and Terrebonne subzones Rural Service Center Title 18 - All RSC zones Urban Unincorporated Community Title 18 - All Sunriver subzones Rural Commercial Title 18 - Rural Commercial Rural Industrial Title 18 - Rural Industrial Bend Urban Growth Area Title 19 - UAR-10, SM, SR 2 '/2, PF, FP Redmond Urban Growth Area Title 20 - UH-10 Sisters Urban Growth Area Title 21 - UAR-10, OA, FP Redmond Urban Reserve Area Title 18 - RURA Source, County _GeographicalInformationSystem and Deschutes County Code Both "Resort Community" and "Rural Industrial" are area specific designations. DCCP, Table 1.3.3. The RI area specific designation cannot be applied outside areas of existing industrial development any more than the Resort Community area specific designation can be applied outside the boundaries of Black Butte Ranch, Widgi Creek, and Inn of the 7th Mountain. The RI designation and corresponding zone can only be applied to areas of existing development. DCCP, 1.3. This is not an area of existing development. Therefore it is not eligible for designation as RI. b. RI is defined by the acknowledged comprehensive plan. The terns "agricultural land" to which the Deschutes County -wide designation for "Agriculture" applies is defined by state law. By contrast, "RI" is a local designation invented by Deschutes County. There is nowhere to look for the definition of lands to which the DCCP "RI" C� �ti c i:e?;'Ifa C r�� n;s loci,-!�<xt Cn rirn a �r;t h.i r- /i r�{ rL( v_- c,ino d ie 16 designation applies except the DCCP itself, which Limits the RI designation to areas of existing development. The proposed amendments here do not satisfy the requirements for a plan designation change to RI in the acknowledged DCCP. 10. Proposed amendments require exceptions to Goals 6 and 11 The proposed amendments cannot be approved without exceptions to Goal 6 and Goal 11. Multiple uses in the RI Zone consume millions of gallons of water per day. According to the attached survey of water use in the Willamette Valley, the average industrial water use for pulp and paper manufacturing in Eugene -Springfield is 7.8 million gallons per day, and in Albany -Corvallis is 15.28 million gallons per day. Willamette Basin Task Force, Pacific Northwest River Basins Commission, 1969, "Willainette Basin Comprehensive Study," 101 pp. Exh. 3, Table 11-2. The average industrial water use for lumber and wood products is 8.69 million gallons per day in Eugene -Springfield, and 2.56 millions gallons per day in Albany -Corvallis. Id. In the Portland area, industrial production of food products manufacturing consumed an average of 2.39 million gallons per day. Id. The decision erred in not addressing the groundwater supply and contaminated wastewater disposal demands associated with the proposed industrial uses, alone or in combination. There is no evidence the subject property has or could afford to purchase water rights to supply such demands via groundwater wells, or that access to these quantities via groundwater is physically possible in the Upper Deschutes Basin. There is no basis for concluding approval would not threaten the availability of groundwater in the area. Goal 6 provides: "All waste and process discharges from future development, when combined with such discharges from existing developments shall not threaten to violate, or violate applicable state or federal environmental quality statutes, rules and standards." To comply with Goal 6, the HO was required to base her decision on evidence specific and certain enough to establish that rezoning this property would not threaten to violate applicable state or federal environmental quality standards. Gould v. Deschutes County, 216 Or App 150, 161, 171 P.3d 1017 (2007) (citing Meyer v. City of Portland, 67 Or App 274, 678 P2d 741, rev. den., 297 Or. 82, 679 P.2d 1367 (1984)). If the nature of the development is uncertain because its composition or design is subject to future study and determination, and that uncertainty precludes a necessary c,Cyr:- ; rn f�c crr 1 L nvJrc, 17 conclusion of consistency with Goal 6, then the application to rezone the property to DCC 18.100 must be denied, because only such evidence can demonstrate compliance with Goal 6. Id. a. Need for discharge permits proves industrial uses threaten environmental quality standards The HO decision erroneously concluded the amendments comply with Goal 6 because DCC 18.100.030(J) prohibits approval of uses requiring contaminant discharge permits before review by state or federal agencies. HO, 75. This is incorrect. Goal 6 does not say anything about permits. A permit for the discharge of contaminants would not be needed unless development of rural lands with industrial uses threatened to violate state or federal environmental quality statutes, rules and standards. Compliance with Goal 6 must be shown now and cannot be deferred. There are no permits in the record the HO could review to find compliance with Goal 6. The evidence in the record does not show industrial discharges will not (1) exceed the carrying capacity of groundwater or surface water considering long range needs; (2) degrade groundwater, surface water, or other natural resources; or (3) threaten the availability of such resources. Goal 6, OAR 660- 015-0000(6). Therefore an exception to Goal 6 must be justified or the proposal roust be denied. b. Industrial uses on rural lands discharge into environment threatening to violate environmental quality standards. In a study conducted in coordination with Deschutes County, the U.S. Geological Survey determined groundwater and surface water are hydrologically linked in the Deschutes Basin.4 There is no evidence in the record concerning the carrying capacity of the underlying groundwater, the distance to neighboring wells, the distance to the nearest surface water, the concentration of contaminants in wastewater, or any other data required to evaluate the risks potentially posed by discharge of industrial contaminants into the environment. Until such data are in the record, there is no basis on which the HO could conclude that discharge of toxic and carcinogenic wastewater from the RI Zone does not threaten to violate environmental quality standards for human drinking water and aquatic species via contamination of groundwater and surface water. 4 Gannett, M.W., Lite, K.E., Jr., Morgan, D.S., and Collins, C.A., 2001, Ground -water Hydrology of the Upper Deschutes Basin, Oregon: U.S. Geological Survey Water -Resources Investigations Report 00-4162, 78 pp. Abstract Exh. 2. r, � c.ring r_er,;'ra' Care gc v7'_' Noiut, l cn� if( r � :i ,Ari _ Wort , or S �ru;n(.',�Ae Ct ITM, 18 Environmental contaminants in the waste and process discharges of RI Zone industrial uses are listed below and in the attached Exhibits 3-7. There is no public wastewater treatment plant on the subject property, and under Goal I I there can be no such public wastewater treatment plant between the industrial use discharges and the environment. The "on -site sewage disposal systems" referenced in DCC 18.100.030 do not treat toxic or carcinogenic compounds in industrial waste and process discharges, and do nothing to protect either the public or aquatic organisms from violation of applicable environmental quality standards. DCC 18.100.10Q) permits "lumber manufacturing and wood processing except pulp and paper manufacturing" as an outright use. According to the U.S. Environmental Protection Agency (EPA), lumber processing emits toxic and carcinogenic compounds including copper, chromium, and arsenic. Exh. 4, 40 CFR, Chapter 1, Subchapter N, Part 429, Timber Products Processing Point Source Category. EPA sets the maximum effluent concentrations for lumber manufacturing processes at 5 mg/1 of copper, 4 mg/I of chromium, and 4 mg/l of arsenic. Exh. 4, Subpart G. Because DCC 19.100.10(J) does not specify what lumber manufacturing and wood processing industrial uses are permitted, it is not possible to know what additional environmental quality limits on copper, chromium, arsenic, pH, dissolved solids, or other toxic and carcinogenic compounds from lumber manufacturing are applicable, or what quantities of these toxic and carcinogenic compounds might be discharged from RI Zone industrial uses, alone or in combination. DCC 18.100.020(H) permits wood pulp and paper manufacturing, which emits numerous toxic chlorinated compounds including dioxin. Exh. 5. EHSO.com, 2020, "Typical Contaminants at Industrial Properties." The EPA drinking water standard for dioxin is 0.00000003 mg/L. Exh. 6. EPA.com, Ground Water and Drinking Water, National Primary Drinking Water Regulations, accessed October 28, 2020. Wood pulp and paper manufacturing as provided for in DCC 18.100.020(H) emits copper, nickel, and chlorophenol. Exh. 7, Singh AK, Chandra R., Pollutants released from the pulp paper industry, Aquat. Toxicol. 2019 Jun; 211:202-216. The EPA aquatic toxicity standard for copper is 12 µg/L. Exh. 8, DEQ, 2013, Effective Aquatic Life Criteria. The EPA standard for nickel in drinking water is 140 µg/L, while the EPA standard for chlorophenol 2 in drinking water is 14 µg/L. Exh. 9, DEQ, 2011, Human Health Water Quality Criteria for Toxic Pollutants. Gf�� ,.c..in�r C.Cf. �� C=r��ct� s �� ��urci i ��ron;.;_�r;, Ir„ ,.�� r.'�x �:.��:n-.1..1c Cc ,!n�znINcs 19 Glass and plastics manufacture as provided for in DCC 18.100.020(J) discharges toxic and carcinogenic compounds. Glass manufacture produces lead and arsenic. Exh. 5. According to the EPA, lead in water is toxic to humans at a daily maximum dose of 0.0 mg/L, that is, there is no amount of lead in drinking water that is safe, while arsenic is toxic to humans at a daily maximum dose in drinking water of 0.010 mg/L. Exh. 6. Plastics manufacturing is associated with release into the environment of multiple organic and inorganic pollutants, including cadmium and phthalates. Exh 5. The EPA drinking water standard for cadmium is 0.005 mg/l, while the EPA standard for Di(2-ethylhexyl) phthalate is 0.006 mg/1. Exh 6. The contaminants in the waste and process discharges of the RI Zone industrial uses are subject to the above environmental quality standards, and would be discharged into the environment. Alone or in combination, RI Zone industrial uses threaten to violate applicable environmental quality standards. There is no evidence on which to base a finding of compliance with Goal 6. The HO erred in finding the proposed amendments can be approved without an exception to Goal 6. C. Proposed amendments cannot comply with Goals 6 and 11 The statutory requirement that the proposed amendments must comply with both Goal 6 and Goal 11 precludes approval. Contaminated wastewater from RI Zone industrial uses threatens to violate EPA environmental quality standards. The amendments cannot be approved without a public wastewater treatment plant, which is the norm for industrial uses located inside urban growth boundaries. But there is no public water treatment plant or public water service on the property, and Goal 11 prohibits the establishment or extension of either. Goal 11, OAR 660-015-0000(11) provides: "Local governments shall not rely upon the presence, establishment, or extension of a water or sewer system to allow residential development of land outside urban growth boundaries or unincorporated community boundaries at a density higher than authorized without service from such a system." Goal 11 applies to residential and nonresidential development. OAR 660-011-0060; 660-011-0065; Foland v. Jackson Cty., 239 Or App 60, 243 P3d 830 (2010). The HO decision erred in concluding the requested RI designation and zone change would comply with Goal 11 or Goal 6. This is a rural farm field with no public services. Goal 11 prohibits clin9 r e:,rrol Uregori', Nowr'ol Env "cntri n; And `Vciki g For �u;,unoble Coj-nnnt-M�IieS 20 the presence, establishment, or extension of the public water or sewer systems that will be required before the property could support RI Zone industrial uses. The RI Zone industrial uses require public water and water treatment facilities to comply with Goal 6, but public services and facilities cannot be established or extended to the subject property without violating Goal 11. Since the application cannot demonstrate compliance with Goals 6 and 11 and did not justify an exception to those goals, it must be denied. For the above reasons, the proposed amendments must be denied, and the HO's approval should be overturned. Thank you for your attention to these views. Sincerely, 6 Carol Macbeth Carol Macbeth Staff Attorney Central Oregon LandWatch :i,virt>n r;e<<i ,. c>' COMM +n,i,es How many ways are there to choose a committee o-. of 15 people? J D D Ntb, h G Since order doesn't matter in this problem, we use the combination formula. Explanation: nl The combination formula is. — where n is the total number of items (15 in (n — r)!r!' this case) and r is the number of items being selected at once (5 in this case) Plugging our numbers into the formula we get: 15! (15 — 5)!5! After simplifying (very preferably with a scientific or graphing calculator), we get 3003. So, there are 3003 \Aiays of picking 5 people from a group of 15. Note that the combination formula can be no -Led by It is this way that you can enter it onto a graphing calculator. Practice exercises: 1. An earthquake preparation is being prepared. 18 people apply for 3 available jobs. Find the number of distinctive ways of allotting the positions. Good luck! A n s vi (--- - 1 i n 1,1 Ground -Water Hydrology of the Upper Deschutes Basin, Oregon U.S. DEPARTMENT OF THE IN U.S. GEOLOGICAL SURVEY Water -Resources Investigations Report 00-4162 Prepared in cooperation with OREGON WATER RESOURCES DEPARTMENT; CITIES OF BEND, REDMOND, AND SISTERS; DESCHUTES AND JEFFERSON COUNTIES; THE CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION OF OREGON; and U.S. ENVIRONMENTAL PROTECTION AGENCY � (" _ Cover photographs: Top: Steelhead Falls on the Deschutes River near Crooked River Ranch, Oregon. Middle: Crooked River Canyon at Crooked River Ranch, Oregon. Bottom: North and Middle Sister with a wheel -line irrigation system in the foreground near Sisters, Oregon. (Photographs by Rodney R. Caldwell, U.S. Geological Survey.) U.S. Department of the Interior U.S. Geological Survey -WaterGround o f the Upper Deschutes Basin, Oregon BY MARSHALL W. GANNETT, KENNETH E. LITE JR., DAVID S. MORGAN, AND CHARLES A. COLLINS Water -Resources Investigations Report 00-4162 Prepared in cooperation with Oregon Water Resources Department; cities of Bend, Redmond, and Sisters; Deschutes and Jefferson Counties; The Confederated Tribes of the Warm Springs Reservation of Oregon; and U.S. Environmental Protection Agency Portland, Oregon: 2001 U. S. DEPARTMENT OF THE INTERIOR BRUCE BABBITT, Secretary U.S. GEOLOGICAL SURVEY CHARLES G. GROAT, Director Any use of trade, product, or firm names in this publication is for descriptive purposes only and does not imply endorsement by the U.S. Government. For additional information contact: District Chief U.S. Geological Survey 10615 S.E. Cherry Blossom Drive Portland, OR 97216-3159 E-mail: info-or@usgs.gov Internet: http://oregon.usgs.gov Suggested citation: Copies of this report can be purchased from: USGS Information Services Box 25286, Federal Center Denver, CO 80225-0046 Telephone: 1-888-ASK-USGS Gannett, M.W., Lite, K.E., Jr., Morgan, D.S., and Collins, C.A., 2001, Ground -water hydrology of the upper Deschutes Basin, Oregon: U.S. Geological Survey Water -Resources Investigations Report 00-4162, 78 p. CONTENTS Abstract .................... ...................................................................................................................................................... ...... I Introduction.................................................................................................................................................................................2 Backgroundand Study Objectives....................................................................................................................................2 Purposeand Scope............................................................................................................................................................3 StudyArea.........................................................................................................................................................................3 Approach...........................................................................................................................................................................6 Acknowledgments.............................................................................................................................................................8 GeologicFramework...................................................................................................................................................................8 Geologic Controls on Regional Ground -Water Flow.....................................................................................................13 Hydraulic Characteristics of Subsurface Materials......................................................................................................... AquiferTests.........................................................................................................................................................14 Well -Yield Tests...................................................................................................................................................18 Ground -Water Recharge.............................................................................................................................................I.............19 Infiltrationof Precipitation..............................................................................................................................................19 CanalLeakage.................................................................................................................................................................23 On-Fann Losses..............................................................................................................................................................27 StreamLeakage...............................................................................................................................................................28 DrainageWells................................................................................................................................................................39 InterbasinFlow...............................................................................................................................................................40 Ground -Water Discharge..........................................................................................................................................................41 Ground -Water Discharge to Streams..............................................................................................................................41 Geographic Distribution of Ground -Water Discharge to Streams........................................................................42 Temporal Variations in Ground -Water Discharge to Streams..............................................................................47 Ground -Water Discharge to Wells..................................................................................................................................53 Irrigation Wells.....................................................................................................................................................53 Public -Supply Wells.............................................................................................................................................53 PrivateDomestic Wells.........................................................................................................................................56 Ground -Water Discharge to Evapotranspiration.............................................................................................................58 Ground -Water Elevations and Flow Directions........................................................................................................................58 HorizontalGround -Water Flow......................................................................................................................................59 VerticalGround -Water Flow..........................................................................................................................................61 Fluctuationsin Ground -Water Levels.......................................................................................................................................64 Large -Scale Water -Table Fluctuations...................................................................................................I.......................64 Local -Scale Water -Table Fluctuations............................................................................................................................65 Summaryand Conclusions........................................................................................................................................................73 ReferencesCited.......................................................................................................................................................................75 FIGURES 1. — 6. Maps showing: 1. Location of the upper Deschutes Basin, Oregon, and major geographic and cultural features ..............................4 2. Location of field -located wells and land ownership in the upper Deschutes Basin, Oregon..................................5 3. Lines of equal precipitation and graphs of mean monthly precipitation for selected precipitation stations in the upper Deschutes Basin, Oregon.......................................................................................................7 4. Generalized geology of the upper Deschutes Basin, Oregon................................................................................10 5. Distribution of transmissivity estimates derived from specific -capacity tests of field -located domestic wells in the upper Deschutes Basin, Oregon, and the locations of aquifer tests conducted for this study ...........15 6. Deep Percolation Model grid and estimated recharge from infiltration of precipitation, 1993-95......................20 7. — 8. Graphs showing: 7. Annual mean components of the basinwide water budget, estimated using the Deep Percolation Model forwater years 1962-97........................................................................................................................................22 8. Mean monthly components of the basinwide water budget, estimated using the Deep Percolation Model forwater years 1962-97........................................................................................................................................23 9. Map showing mean annual recharge from canal leakage and on -farm losses in the upper Deschutes Basin, Oregon, 1993-95.........................................................................................................................................................24 10. Graph showing annual canal diversions and estimated annual mean canal leakage in the upper Deschutes Basin, Oregon, 1905-97..............................................................................................................................................28 11.-12. Maps showing: 11. Location of selected stream -gaging stations in the upper Deschutes Basin, Oregon............................................32 12. Estimated gain and loss flux rates and net gains and losses for selected stream reaches in the upper DeschutesBasin, Oregon......................................................................................................................................37 13. Graph showing relation between monthly mean losses along the Deschutes River between Benham Falls and Lava Island and flow at Benham Falls.................................................................................................................39 14.-15. Hydrographs showing: 14. Mean monthly flows of selected nonregulated streams in the upper Deschutes Basin, Oregon ..........................42 15. Monthly mean flow of the Metolius River near Grandview.................................................................................43 16.-17. Graphs showing: 16. Gain in flow of the lower Crooked River, Oregon, due to ground -water discharge between river miles27 and 7, July 1994.................................. ............. ....................................................................................... 45 17. Gain inflow of the Deschutes River, Oregon, due to ground -water discharge between river miles 165 and 120, May 1992 and May 1994................................................................................................................45 18. Diagrammatic section showing the effect of geology on ground -water discharge along the Deschutes River upstreamof Pelton Dam..............................................................................................................................................46 19. Graph showing cumulative departure from normal annual mean flows of selected streams in the upper Deschutes Basin, and cumulative departure from normal annual precipitation at Crater Lake, Oregon, 1947-91.......................................................................................................................................................................49 20. Hydrograph showing October mean flows of the Metolius River, Jefferson Creek, and Whitewater River, upper Deschutes Basin, Oregon, 1984-97..................................................................................................................49 21. Graph showing approximate August mean ground -water discharge to the middle Deschutes River between Bend and Culver, based on the difference between August mean streamflows at gages below Bend and nearCulver, 1954-97..................................................................................................................................................51 22. Hydrograph showing monthly mean flows of the Crooked River at the gage below Opal Springs, 1962-97....................................................................................................................................................................... 51 23.-24. Graphs showing: 23. August mean flows of the Crooked River below Opal Springs, the Metolius River near Grandview, and estimated annual mean leakage from irrigation canals, 1905-97..................................................................52 24. Estimated annual ground -water pumpage for irrigation in the upper Deschutes Basin, Oregon, 197 8-97.................................................................................................................................................................54 25. Map showing estimated average annual ground -water pumpage for irrigation in the upper Deschutes Basin, Oregon, 1993-95, aggregated by section....................................................................................................................55 26. Graph showing estimated annual ground -water pumpage for public -supply use in the upper Deschutes Basin, Oregon, 1978-97..............................................................................................................................................56 27.-28. Maps showing: 27. Estimated average annual ground -water pumpage for public -supply use in the upper Deschutes Basin, Oregon, 1993-95. aggregated by section..............................................................................................................57 28. Generalized lines of equal hydraulic head and ground -water flow directions in the upper Deschutes Basin, Oregon........................................................................................................................................................60 29. Diagrammatic section southwest -northeast across the upper Deschutes Basin, Oregon, showing flow directions and lines of equal hydraulic head...............................................................................................................62 30. Map showing generalized lines of equal hydraulic head for shallow and deep water -bearing zones in the central part of the upper Deschutes Basin, Oregon.....................................................................................................63 31.-32. Hydrographs showing: 31. Static water levels in two long-term observation wells in the upper Deschutes Basin, Oregon, and cumulative departure from normal annual precipitation at Crater Lake, Oregon, 1962-98.................................64 32. Variations in static water levels of selected wells at various distances from the Cascade Range, 1994-98.................................................................................................................................................................66 33. Maps showing year-to-year changes in March static water levels in observation wells in the upper DeschutesBasin, Oregon, 1994-98............................................................................................................................67 iv 34.-40. Hydrographs showing: 34. Static water -level variations in a shallow well and a deep well in the La Pine subbasin, Oregon .......................68 35. Relation between static water -level variations in a deep well near Bend, Oregon, and flow rate ina nearby irrigation canal....................................................................................................................................69 36. Relation between static water -level variations in a well near Redmond, Oregon, and flow rate ina nearby irrigation canal....................................................................................................................................69 37. Relation between static water -level variations in two wells at different distances from the Deschutes River and stage of the river at Benham Falls.......................................................................................70 38. Relation between monthly mean discharge of Fall River and static water -level variation in a wellnear Sisters, Oregon, 1962-97......................................................................................................................70 39. Static water level in an unused irrigation well near Lower Bridge, showing seasonal pumping effects from nearby irrigation wells and long-term climatic effects.....................................................................72 40. Water levels in two wells near Round Butte Dam, showing the rise in ground -water elevations caused by the filling of Lake Billy Chinook.........................................................................................................72 TABLES 1. Summary of selected aquifer tests in the tipper Deschutes Basin, Oregon.................................................................16 2. Statistics for transmissivities estimated from specific -capacity data for subareas in the upper Deschutes Basin, Oregon..............................................................................................................................................................18 3. Weather stations used for estimation of recharge from infiltration of precipitation with the DeepPercolation Model..............................................................................................................................................21 4. Canal diversions, irrigated acreage, on -farm deliveries, and canal leakage, by major canal service area, upper Deschutes Basin, Oregon, 1994........................................................................................................................27 5. Gain/loss measurements of major streams obtained from Oregon Water Resources Department seepage runs, upper Deschutes Basin, Oregon.........................................................................................................................30 6. Station numbers, names, and mean annual flow for selected gaging stations in the upper Deschutes Basin, Oregon.........................................................................................................................................................................33 7. Estimated stream gains and losses due to ground -water exchange, upper Deschutes Basin, Oregon ........................34 8. Statistical summaries of selected nonregulated streams in the upper Deschutes Basin, Oregon................................48 CONVERSION FACTORS AND VERTICAL DATUM Multiply By To obtain inch (in.) 25.4 millimeter (min) foot (ft) 0.3048 meter (m) Mile (mi) 1.609 kilometer (km) acre 4,047 square meter (m2) square mile (mil) 2.590 square kilometer (km2) acre-foot (acre-ft) 1,233 cubic meter (m) cubic foot per second (ft'/s) 0.02832 cubic meter per second (m3/s) inches per year (in./yr) 0.0254 meters per year (m/yr) feet per day (ri/d) 3528 x 10 meters per second (m/s) gallon per minute (gal/min) 6.308 x 10 cubic meters per second (m3/s) square feet per day (fie/d) 1.075 x 10-5 square meters per second (mZ/s) feet per year (ft/yr) 9.659 x 10-9 meters per second (m/s) acre-feet per year (acre-ft/yr) 3.909 x 10_g cubic meters per second (m3/s) cubic feet day square foot (fr'/d/ft2) 3.528 x 10-' cubic meters per second per square meter (m,/s/m2) per per gallons per day (gal/d) 4.381 x 10"s cubic meters per second (m3/s) feet per second (ft/s) 0.3048 meter per second (m/s) Temperature in degrees Celsius (°C) may be converted to degrees Fahrenheit (T) as follows: °F=1.8 °C+32 Sea level: In this report, "sea level" refers to the National Geodetic Vertical Datum of 1929 (NGVD of 1929)—a geodetic datum derived from a general adjustment of the first -order level nets of both the United States and Canada, formerly called Sea Level Datum of 1929. LOCATION SYSTEM The system used for locating wells, springs, and surface -water sites in this report is based on the rectangular system for subdivision of public land. The State of Oregon is divided into townships of 36 square miles numbered according to their location relative to the east -west Willamette baseline and a north -south Willamette meridian. The position of a township is given by its north -south "Township" position relative to the baseline and its east -west "Range" position relative to the meridian. Each township is divided into 36 one -square -mile (640-acre) sections numbered from 1 to 36. For example, a well designated as 18S/11E-29AAC is located in Township 18 south, Range 11 east, section 29. The letters following the section number correspond to the location within the section; the first letter (A) identifies the quarter section (160 acres); the second letter (A) identifies the quarter -quarter section (40 acres); and the third letter (C) identifies the quarter -quarter -quarter section (10 acres). Therefore, well 29AAC is located in the SW quarter of the NE quarter of the NE quarter of section 29. When more than one designated well occurs in the quarter -quarter -quarter section, a serial number is included. R. 6 E. R. 8 E. R. 10 E. R. 12 E. 33 B A B A C, D B c D 2e 18S/11E-23AAC c i D Well- and spring -location system. Each well is assigned a unique 8-digit identification number known as the log -id number. The first two digits of the log -id number indicate the county code from the Federal Information Processing Standards (FIPS) code file for the county in which the well exists. The FIPS codes for the counties in the study area are as follows: 13, Crook County; 17, Deschutes County; 31, Jefferson County; and 35, Klamath County. The last 6 digits of the number correspond to the State of Oregon well -log number (a unique number assigned by the Oregon Water Resources Department to the report filed by the well driller). MAPPING SOURCES: Base map modified from U.S. Geological Survey 1:500,000 State base map, 1982, with digital data from U.S. Bureau of the Census, TIGER/Line (R),1990, and U.S. Geological Survey Digital Line Graphs published at 1:100,000. Publication projection is Lambert Conformal Conic. Standard parallels 43°00' and 45°30', central meridian-120°30'. vi Ground -Water Hydrology of the Upper Deschutes Basin, Oregon By Marshall W. Gannett, Kenneth E. Lite Jr., David S. Morgan, and Charles A. Collins Abstract The upper Deschutes Basin is among the fastest growing regions in Oregon. The rapid population growth has been accompanied by increased demand for water. Surface streams, however, have been administratively closed to additional appropriation for many years, and surface water is not generally available to support new development. Consequently, ground water is being relied upon to satisfy the growth in water demand. Oregon water law requires that the potential effects of ground -water development on streamflow be evaluated when considering applications for new ground -water rights. Prior to this study, hydrologic understanding has been insufficient to quantitatively evaluate the connec- tion between ground water and streamflow, and the behavior of the regional ground -water flow system in general. This report describes the results of a hydrologic investigation undertaken to provide that understanding. The investigation encompasses about 4,500 square miles of the upper Deschutes River drainage basin. A large proportion of the precipitation in the upper Deschutes Basin falls in the Cascade Range, making it the principal ground -water recharge area for the basin. Water -balance calculations indicate that the average annual rate of ground -water recharge from precipitation is about 3,500 ft3/s (cubic feet per second). Water - budget calculations indicate that in addition to recharge from precipitation, water enters the ground -water system through interbasin flow. Approximately 800 ft3/s flows into the Metolius River drainage from the west and about 50 ft3/s flows into the southeastern part of the study area from the Fort Rock Basin. East of the Cascade Range, there is little or no ground -water recharge from precipitation, but leaking irrigation canals are a significant source of artificial recharge north of Bend. The average annual rate of canal leakage during 1994 was estimated to be about 490 ft3/s. Ground water flows from the Cascade Range through permeable volcanic rocks eastward out into the basin and then generally northward. About one-half the ground water flowing from the Cascade Range discharges to spring -fed streams along the margins of the range, including the upper Metolius River and its tributaries. The remaining ground water flows through the sub- surface, primarily through rocks of the Deschutes Formation, and eventually discharges to streams near the confluence of the Deschutes, Crooked, and Metolius Rivers. Substantial ground -water discharge occurs along the lower 2 miles of Squaw Creek, the Deschutes River between Lower Bridge and Pelton Dam, the lower Crooked River between Osborne Canyon and the mouth, and in Lake Billy Chinook (a reservoir that inun- dates the confluence of the Deschutes, Crooked, and Metolius Rivers). The large amount of ground -water discharge in the confluence area is primarily caused by geologic factors. North (downstream) of the confluence area, the upper Deschutes Basin is transected by a broad region of low -permeability rock of the John Day Formation. The Deschutes River flows north across the low -permeability region, but the permeable Deschutes Formation, through which most of the regional ground water flows, ends against this rampart of low -perme- ability rock. The northward -flowing ground water discharges to the streams in this area because the permeable strata through which it flows terminate, forcing the water to discharge to the surface. Virtually all of the regional ground water in the upper Deschutes Basin discharges to surface streams south of the area where the Deschutes River enters this low-pern-leability terrane, at roughly the location of Pelton Dam. The effects of ground -water withdrawal on streamflow cannot presently be measured because of measurement error and the large amount of natural variability in ground -water discharge. The summer streamflow near Madras, which is made up largely of ground -water discharge, is approximately 4,000 ft3/s. Estimated consumptive ground -water use in the basin is about 30 ft3/s, which is well within the range of the expected streamflow measurement error. The natural variation in ground -water discharge upstream of Madras due to climate cycles is on the order of 1,000 ft3/s. This amount of natural variation masks the effects of present ground -water use. Even though the effects of ground -water use on streamflow cannot be measured, geologic and hydrologic analysis indicate that they are present. Ground -water -level fluctuations in the upper Deschutes Basin are driven primarily by decadal climate cycles. Decadal water -level fluctuations exceeding 20 ft (feet) have been observed in wells at widespread locations near the margin of the Cascade Range. The magnitude of these fluctuations diminishes toward the east, with increasing distance from the Cascade Range. Annual water -level fluctuations of a few feet are common in areas of leaking irrigation canals, with larger fluctuations observed in some wells very close to canals. Annual water -level fluctuations of up to 3 ft due to ground -water pumping were observed locally. No long-term water -level declines attributable to pumping were found in the upper Deschutes Basin. The effects of stresses to the ground -water system are diffused and attenuated with distance. This phenomenon is shown by the regional response to the end of a prolonged drought and the shift to wetter -than -normal conditions starting in 1996. Ground -water levels in the Cascade Range, the locus of ground -water recharge, stopped declining and started rising during the winter of 1996. In contrast, water levels in the Redmond area, 30 miles east of the Cascade Range, did not start to rise again until late 1997 or 1998. The full effects of stresses to the ground- water system, including pumping, may take several years to propagate across the basin. Ground -water discharge fluctuations were analyzed using stream -gage records. Ground- water discharge from springs and seeps estimated from stream -gage records shows climate -driven decadal fluctuations following the same pattern as the water -level fluctuations. Data from 1962 to 1997 show decadal-scale variations of 22 to 74 percent in ground -water discharge along major streams that have more than 100 ft3/s of ground- water inflow. INTRODUCTION Background and Study Objectives The upper Deschutes Basin is presently one of the fastest growing population centers in the State of Oregon. The number of people in Deschutes County, the most populous county in the basin, more than tripled between 1970 and 1998 (State of Oregon, 1999). Approximately 140,000 people lived in the upper Deschutes Basin as of 1998. Growth in the region is expected to continue, and residents and government agencies are concerned about water supplies for the burgeoning population and the consequences of increased development for existing water users. Surface -water resources in the area have been closed by the State of Oregon to additional appropriation for many years. Therefore, virtually all new development in the region must rely on ground water as a source of water. Prior to this study, very little quantitative information was available on the ground -water hydrology of the basin. This lack of information made ground -water resource manage- ment decisions difficult and was generally a cause for concern. To fill this information void, the U.S. Geological Survey (USGS) began a cooperative study in 1993 with the Oregon Water Resources Department (OWRD), the cities of Bend, Redmond, and Sisters, Deschutes and Jefferson Counties, The Confederated Tribes of the Warm Springs Reservation of Oregon, and the U.S. Environmental Protection Agency. The objectives of this study were to provide a quanti- tative assessment of the regional ground -water system and provide the understanding and analytical tools for State and local government agencies, hydrologists, and local residents to make resource management decisions. This report is one in a series that presents the results of the upper Deschutes Basin ground -water study. Purpose and Scope The purpose of this report is to provide a comprehensive quantitative description of regional ground -water flow in the upper Deschutes Basin. The report provides an analysis of the data compiled or collected during the study, and presents a description of the regional ground -water hydrology based on that analysis. The results of the study presented herein are based on both preexisting information and new data. Preexisting information included regional -scale maps of geology, topography, soils, vegetation, and pre- cipitation. In addition, streamflow data were available for numerous sites for periods of time since the early 1900s. Data were also available from several weather stations that operate in the study area. In addition, surface -water diversion records were available for all major irrigation canals. Data described above were augmented by data from numerous reports and studies. Hydrologic data collected for this study included gain/loss measurements for several streams, and geo- logic and hydraulic -head data from about 1,500 wells that were precisely located in the field. Geophysical, lithologic, and hydrographic data were collected from a subset of these wells. Wells are unevenly distributed in the area and occur mostly in areas of privately owned land. There are few well data from the large tracts of public land that cover most of the study area. Therefore, there are large regions of the Cascade Range, Newberry Volcano, and the High Lava Plains where subsurface hydrologic information is sparse. This study is regional in scope. It is intended to provide the most complete assessment possible of the regional ground -water hydrology of the upper Deschutes Basin given the data that were available or that could be collected within the resources of the project. This work is not intended to describe details of ground -water flow at local scales; however, it will provide a sound framework for local -scale investigations. Study Area The upper Deschutes Basin study area encom- passes approximately 4,500 mil (square miles) of the Deschutes River drainage basin in central Oregon (fig. 1). The area is drained by the Deschutes River and its major tributaries: the Little Deschutes River, Tumalo Creek, Squaw Creek, and the Metolius River from the west, and the Crooked River from the east. Land -surface elevation ranges from less than 1,300 ft near Gateway in the northern part of the study area to more than 10,000 ft above sea level in the Cascade Range. The study -area boundaries were chosen to coin- cide as much as possible with natural hydrologic boundaries across which ground -water flow can be reasonably estimated or assumed to be negligible. The study area is bounded on the north by Jefferson Creek, the Metolius River, the Deschutes River, and Trout Creek; on the east by the generalized contact between the Deschutes Formation and the older, much less permeable John Day Formation; on the south by the drainage divides between the Deschutes Basin and the Fort Rock and Klamath Basins; and on the west by the Cascade Range crest. The study area includes the major population centers in the basin, where ground -water development is most intense and resource management questions are most urgent. The major communities include Bend, Redmond, Sisters, Madras, Prineville, and La Pine. Principal industries in the region are agriculture, forest products, tourism, and service industries. Sixty-six percent of the 4,500 mil upper Des- chutes Basin is publicly owned (fig. 2). Approximately 2,230 mil are under the jurisdiction of the U.S. Forest Service, 730 mil are under the jurisdiction of the Bureau of Land Management, and about 20 mi2 are under the stewardship of State or County agencies. The remaining 1,520 mi2 are in private ownership. The highest elevations in the upper Deschutes Basin are in the western and southern parts. These regions are covered by coniferous forests, most of which have been managed for timber production. The remaining parts of the basin, which are at lower elevations, are more and and, where not cultivated, are dominated by grassland, sagebrush, and juniper. Most of the non -forest -related agriculture occurs in the central and northern parts of the upper Deschutes Basin. N1111AMETTE BASIN TASK FORCE - .PACIFIC NORTHWEST RIVER BASINS COMMISSION Disnep l014 STATEIt',ENT R 11 Approved :or public releases; ". �.. :. Dishibution Unlimited. COMPREHENSIVE STUDY of 1 Water and Related Land Resources r ML APPENDIX H K MUNICIPAL AND INDUSTRIAL WATER SUPPLY WILLAMETTE BASIN TASK FORCE PACIFIC NORTHWEST RIVER BASINS COMMISSION V 3a CREDITS This is one of a series of appendices to the Willamette Basin Comprehensive Study main report. Each appendix deals with a particu- lar aspect of the study. The main report is a summary of information contained in the appendices plus the findings, conclusions, and recom- mendations of the investigation. This appendix was prepared by the Municipal and industrial Water Supply Committee under the general supervision of the Willamette Basin Task Force. The committee was chaired by the Federal Water Pollution Control Administration and included representation from the agencies listed below. Oregon State Water Resources Board Oregon State Board of Health Oregon State Department of Commerce Department of the Interior Department of Health, Education, and Welfare Department of Agriculture -mot} NUS pule scot* � Doc doff tuilm p uAARko"Ceit lusnmttAtift, ar.... __ .........\i... . PISTRIEUTIO"VAIU8)Uir eGFS GiQ, _.-A/'Alt. ta4;ee SFFf,IAt 1 i ORGANIZATION PACIFIC NORTHWEST RIVER BASINS COMMISSION Columbia Basin Inter -Agency Committee until 1967 WILLAMETTE BASIN TASK FORCE State of Oregon - Chairman Commerce Army Labor Agriculture Federal Power Commission Interior Health, Education and Welfare REPORT TECHNICAL STAFF WRITER Army Interior l Agriculture State PLAN FORMULATOR APPENDIX COMMITTEES A. Study Area G. Land Measures and Watershed Protection B. Hydrology H. Municipal and Industrial Water Supply C. Economic Base I. Navigation II. Fish and Wildlife J . Power F. Flood Control K. Recreation F. Irrigation L . Water Pollution Control M. Plan Formulation WILLAMETTE BASIN TASK FORCE State of Oregon Donel J. Lane, Chairman Director, Oregon State Water Resources Board Department of Army Henry Stewart Chief, Planning Branch U. S. Army Engineers, Portland District Department of Interior John F. Mangan Area Engineer, Lower Columbia Development Office Bureau of Reclamation Department of Agricu'ture Oke Eckholm Assistant State Conservationist Soil Conservation Service Department of'Commerce David J. Bauman Hydrologist, Weather Bureau Forecast Center Federal Power Commission Gordon N. Boyer Hydraulic Engineer Federal Power Commission Department of Labor Horace Harding Regional Economist Bureau of Employment Security Department of Health, Francis L. Nelson Education b Welfare Public Health Service Water Supply and Sea Resources Program The Willamette Basin Comprehensive Study has been directed and coordinated by the Willamette Basin Task Force, whose membership as of April 1969 is listed above. The Task Force has been assisted by a technical staff, a plan formulator, and a report writer - Executive Secretary. Appendix committees listed on the following page carried out specific technical investigations. APPENDIX COMMITTEES Appendix Subfeet A - Study Area OSWRB - Cbairman: FWPCA, VSHPA. USBLM, USEM, USBOR, USSR, USBSFEWL. USCE, USERS, USFS. USGS, USNPS, USSCS, OSDC. OSDF, OSDGEMI, OSSbWCC, OSV B - Hydrology USGS - Chairman: FWPCA, USBPA, USSR, USCE, USSCS, USWB, OSE. OSWRB C - £cmnoml. Base USCE - Chairman: FWPCA, USBPA, USBCF. USBM. USBOR. USSR, USBSPSWL, USOL, USERS, USFS, 05DC, OSU, UO, PSC-PRSC D - Fish b Wildlife USBSFSWL - Chairman: FWPCA. USBCF, USBLM, USBOR, USCE. USDA, USFS, USCS, USSCS, USK. OSCC, OSWRB, USH£u L - Flood Control USCE - Chalreian: FWPCA, USER, USDA. USGS, USSCS, USWB. OSDC, USE, OSWRB, W F Irrigation llSBR - Chairman: USSCS, OSDC, OWES, OSO G - Land Sees— and USSCS - Chair,_ FM'CA, USBCF, USBLM, USBOR, USER, USESF&WL, LISPS, OSV Watershed Proce coon H - MAI Water Supply FWPCA - Chairman: USER, USBSF&WL, USGS. USSCS, OSBII, OSDC, OSWRB, USREW I - Navigation USCE - chairman: OSDC, OStM, POP, OSU d - Pwer USBPA - Chslroan1 FPC. fi.PCA, USBCF, USER, USCE, USFS, USGS. USE, OSWRB R - Recreation USSOR - Chairman: FPC, FWPCA, USBLM, USBSF&UL, USCE, USFS. DEEPS, USSCS, USED. OS DC. OSFC, OSCC. OSUD-PD, OSMA, OSWRB, LCPD, ;CPA, USREu L - Water Pollution Control FWPCA - Mal man: USBCF, USBLM. USBOR. USER, USBSFdWI., USGS. USSCS, OSBH, USE, OSPC, OSGC, OWES. OSU, USHEW M - Plan F^rmula [San Plan Formulator - USCE, USDA, USDi, OSWRB Cnalm FPC - Federal Pwer Co®isa5en F WPCA - Federal Water Pollution Control Adminlatrattoo USBPA - Bonneville 1— Administration USBCF - Bureau of Cmecsercial "aherles DSBLN - Dureau of Land HaRcgr.-tat USBH - Bureau of MSnea USSOR - Bureau of Outdoor Recreation USSR - Bureau of Reclamation USBSFAWL - Bureau of Sport Fisheries and Wi ldllfe USCP. - Corps of Engineer. USDA - Department of ARrl cult ure USHFW - Uepa rtmmt of Health, Ed—... and Welfare USD1 - Department of Interior USDL - Department of Labpr USERS - Economic Reaoarch Service US PIS- Forest So ry it. USCE - Geological Survey USNPS - National Park Servin• VMS - Sol Canaervartan Service USWB - Weather Suraau OSEN - Oregon State Board of Health OSDC - Oregon State Department of Coone OSDF - Oregon State Department of Fore a try 011GE111 - 11-1-Stare Pep: rt meat of Geology and Mineral Indus cries OSE - Oeegan State Engineer US FC Pi eh Comsis aian of Oregon OS CC - Oregon State Game Comefesion OSHD-Pb - Oregon State Hlghvay Depxrcmeni - Parks Division OSMB - or"- State Marine Board OSS&WCC Oregon State Sol) and beater Conservation Corsit tee OSWRB - Oregon State Water Resent — hoard OSV - Oregon State Unive rslty PSC-PR6C - Portland State Collage - Center I:er d Crnsus Service Population Research and L'O - University of Oregon LCPD - Lne County Parks Depart— OCPA - DreRoa County Parks Aasocia if en POP - Port of Portland BASIN DESCRIPTION Between the crests of the Cascade and Coast Ranges in northwestern Oregon lies an area of 12,045 square miles drained by Willamette and Sandy Rivers --the Willamette Basin. Both Willamette and Sandy Rivers are part of the Columbia River system, each lying south of lower Columbia River. With a 1965 population of 1.34 million., the basin accounted for 68 percent of the population of the State of Oregon. The State's largest cities, Portland, Salem, and Eugene, are within the basin boundaries. Forty-one percent of Oregon's popula- tion is concentrated in the lower basin subarea, which includes the Portland metro- politan area. The basin is roughly rectangular, with a north -south dimension of about 150 miles and an average width of 75 miles. It is bounded on the east by the Cascade Range, on the south by the Calapooya "fountains, and on the wrest by the Coast Range. Columbia River, from Bonneville Dam to St. Helens, forms a northern boundary. Elevations range from less than 10 feet (mean sea level) along the Columbia, to 450 feet on the valley floor at Eugene, and over 10,000 feet in the Cascade Range. The Coast Range attains e.levacions of slightly over 4,000 feet. The Willamette Valley floor, about 30 miles wide, is approximately 3,500 square miles in extent and lies below an elevation of 500 feet. It is nearly level in many places, gently rolling in others, and broken by several groups of hills and scattered buttes. Willamette River forms at the confluence of its Coast and Middle Forks near Springfield. It has a total length of approximately 187 miles, and in its upper 133 miles flows northward in a braided, meandering channel.. Through most of the remaining 54 miles, it flows between higher and more well defined banks unhindered by falls or rapids., except for Willamette Falls at Oregon City. The stretch below the falls is subject to ocean tidal effects which are transmitted through Columbia River. Most of the major tributaries of Willamette River rise in the Cascade Range at elevations of 6,000 feet or higher and enter the main stream from the east. Coast Fork Willamette River rises in the Calapoova Mountains, and numerous smaller tribu- taries rising in the Coast Range enter the main stream from the west. In this study, the basin is divided into three major sections., referred to as the Upper, Middle, and Lower Subareas (see map opposite). The Upper Subarea is bounded on the south by the Calapooya Mountains and on the north by the divide between the McKenzie River drainage and the Calapooia and Santiam drainages east of the valley floor and by the Long Tom -Marys River divide west of it: The Middle Subarea includes all lands which drain into Willamette River between the mouth of Long Tom River and Fish Eddy, a point three miles below the mouth of Molalla River, The Lower Subarea includes all lands which drain either into Willamette River from Fish Eddy to its mouth or directly into Columbia River between Bonneville and St. Helens; Sandy River is the only major basin stream which does not drain directly into the Willamette. For detailed study, the three subareas are further divided into 1.1 subbasins as shown on the map. f}} _ r' s" _ { i �� 0 M��L •METiE flPS�N StUD� -v` B STUDY"AREA niAd(Jk s m_n=us MiN.'.tllt. IS `.:-S,TRWL WATER SERVICE AREAS TABLE OF CONTENTS PART I - INTRODUCTION Pam PURPOSE AND SCOPE . . . . . . . . . . . . . . . . . . . . . . . . I-1 RELATIONSHIP TO OTHER PARTS OF TILT RfiPORT. . . . . . . . . . 1-2 HISTORY. . . . . . . . . . . . . . . . . . . . . . . . . . 1-3 PART 11 - PRESENT STATUS WATER USE . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1 Water Service . . . . . . . . . . . . . . . . . . . . . . II-1 Upper Subarea . . . . . . . . . . . . . . . . . . I1-1.0 Fugene-Springfield Service Area . . . . . . . . . 1I-10 Coast Fork Subbasin . . . . . . . . . . . II-11 Middle Fork Subbasin. . . . . . . . . . . . . . . I1-12 McKenzie Subbasin . . . . . . . . . . . . . . . . I1-12 Long Tom Subbasin . . . . . . . . . . . . . . . I1-12 Middle Subarea . . . . . . . . . . . . . . . . . . . . I1-13 Albany -Corvallis Service: Area . . . . . . . . . . I1-13 Salem Service Area. . . . . . . . . . . . . . . 11-13 Santiam Subbasin. . . . . . . . . . . . . . . . II-14 Coast Range Subbasin. . . . . . . . . . . . . . I1-14 Pudding Subbasin. . . . . . . . . . . . . . . II-14 Lower Subarea. . . . . . . . . . . . . . . . . . . . II-15 Portland Service Area . . . . . . . . . . . . . I1-1.5 Tualatin Subbasin . . . . . . . . . . . . . . . . 1I-17 Clackamas, Columbia, and Sandy Subbasins. . . . . I1-17 Seasonal Distribution of Demand . I1-17 Per Capita Use . . . . . . . . . . . . . . . . . . . . . . . II-20 WATER QUALITY . . . . . . . . . . . . . . . . . . . . Water Treatment . . . . . . . . . . . . . I1.-24 Cost of Water . . . . . . . . . . . 11-2$ SOURCE OF WA` J` ',R . . . . . . . . . . . . . . . . . . 11-29 ' PART III - FUTURE DEMANDS TRENDS IN WATER USE . . . . . . . . . . . . . . . . . . . . . . . III--2 PROJECTED WATER USE . . . . . . . . . . . . . . . . . . . . . . III-5 PROBLEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . I11-17 Storage Reservations . . . . . . . . . . . . . . . . . . . 11I-17 Source Identification . . . . . . . . . . . . . . . . . . . III-17 Watershed Management . . . . . . . . . . . . . . . . . . . III-17 Demand Growth . . . . . . . . . . . . . . . . . . . . . . . III-18 PART IV - ALTERNATIVE MEANS TO SATISFY DEMANDS UPPER SUBAREA . . . . . . . . . . . . . . . . . . . . . . . . . IV-8 Eugene -Springfield Service Area . . . . . . . . . . IV-8 Coast Fork Subbasin : . . . . . . . . . . . . . . . IV-8 Middle Fork Subbasin. . . . . . . . . . . . . IV-9 McKenzie Subbasin . . . . . . . . . . . . . . . . . . . . . IV-9 Long Tom Subbasin . . . . . . . . IV-9 MIDDLE SUBAREA . . . . . . . . . . . . . . . . . . . . . IV-10 ,Ffi Albany -Corvallis Service Area . . . . . . . . . . . . . . . IV-10 Salem Service Area. . . . . . . . . . . . . . . . . . . . . IV-12 Sant.iam Subbasin. . . . . . . . . . . . . . . IV-12 Santiam River Drainage . . . . . . . . . . . . . . . . IV-1.2 Calapooia River Drainage . . . . . . . . . . . . . . IV-L2 Coast Range Subbasin. . . . . . . . . . . . . . . . . . IV-13 Mares River Drainage . . . . . . . . . . . . . . . . . IV-l3i Luc kiamute River Drainage. . . . . . . . . . . . IV-13 Yamhill River Drainage IV-13 Pudding Subbasin. . . . . . . . . . . . . . . . . . . . IV-14 LOWER SUBAREA. . . . . . . . . . . . . . . . . . . . . . . . . IV-15 11uriland Service :Area . . . . . . . . . . . . . . . . . . IV-15 Tualatin Subbasin . . . . . . . . . . . . . . . IV-16 Clackamas Subbasin. . . . . . . . . . . . . . . LV-16 Sandv Subbasin. . . . . . . . . . . . . . . . . . . . . IV -I() PART V - CONCLUSIONS CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . V-1 TABLES No. Lae II-1 Summary of Municipal, Industrial, and Rural- II-3 Domestic Water Use, 1965 II-2 Inventory of Municipal, Industrial, and Rural- 1I-5 Domestic Water Use, 1965 II-3 Monthly Demand by Service Area as Percent of I1-18 Average Month, 1960 11-4 Mineral Quality of Surface Water at Portland, i1-22 Salem, and Eugene 11-5 Mineral Quality of Ground Water at Selected II-23 Communities 11-6 Summary of Sources and Treatment for Municipally I1-26 Supplied Water 111-1 Population Growth, by Subarea and Service Area 111-6 111-2 Future Municipal, Industrial, and Rural -Domestic III-9 Average baiter Use. (MGD) 111-3 Future Municipal and Industrial Water Use, 311-15 Monthly Demand as Percent of Annual Average MGD, 1980-2020 IV-1 Municipal Water Supply Development weeds, 1985 IV-2 IV-2 Costs of Water Purification IV-6 IV-3 Costs of Municipal and Industrial Water Supply IV-6 Purificatioo Facilities, 1965-1985 IV-4 Costs of Municipal and Industrial Water Supply 1V-7 PUrifiCatl.On FaCiliti@.S, 1985-2020 i-3 FIGURES No. II-1 Typical water Use Patterns at Portland, Salem, and Eugene LI-2 Lawn water Requirements and clean Rainfall in Portland 11-3 dean Streamflow Distribution and Typical water Demand Pattern at Salem II-4 Cost of water, City of Portland I11-1 Population Growth by Subarea I11-2 Projections of water Need III-3 Growth Indices --Food Products and Manufacturing I11-4 Growth Indices --Lumber and Wood Products, and Pulp and Paper 1 I-5 water use Projections by Subarea i-4 Page I1-19 11-20 II-26 II-28 III-5 III-7 111-8 III-8 PROTOS (Titles abridged) No . Page I-1 Part of the Bull. Run reservoir complex I-4 II-1 Rural -domestic water use. area II-4 II-2 Weyerhaeuser plant in Springfield II-10 II-3 Sawmill installation in the Willamette Basin II-11 II-4 Dexter Reservoir 11-12 11-5 Oregon City pulp and paper mills II-16 11-6 Salem, Oregon, water supply system 1I-24 11-7 Salem, Oregon, water supply system 11-25 II-8 Portland, Oregon, water storage and distribution II-27 III-1 Potable river water in the upper tributaries III-1 III-2 Tektronix industrial park, Portland, Oregon III-3 1II-3 Rock Greek treatment plant of Corvallis, Oregon III-20 II1-4 Forest Grove, Oregon, treatment plant III-20 Eugene and Springfield, Oregon TV-8 Albany and Corvallis, Oregon IV-10 IV-1 Corval.l.i.s treatment plant on the Willamette IV-11 IV-2 Dallas storage facilities IV-11 Salem, Oregon IV-12 Portland, Oregon IV-15 i-6 INTRODUCTION P U R P 0 S E A N D S C O P E The purpose of this appendix is to appraise the present municipal and industrial water supply situation, to analyze its future needs and development potential, and to evaluate the needs of subareas as a basis for making recnnmendations for measures which will serve those needs. Consideration of municipal and industrial water supply as a part of a comprehensive plan for development and management of water and related land resources is essential to provide a means for orderly development of water supplies. The scope of this appendix limits projection of municipal and in- dustrial water supply requirements to the years 1980, 2000, and 2020. Appraisal of the 1980 requirements includes consideration of quantity, quality, and seasonal variations of supply and demand. The need iden- tified is of an immediate nature and may be directly related to the de- velopment of a comprehensive plan for readily foreseeable developments. The long-range plans, which are naturally more conjectural, are more general in nature and point toward the needs of major subareas of the basin. The study area is confined to the Willamette Basin; however, the strong Geographical and economic interrelations and interaction; be- tween the Willamette Basin, the Pacific Northwest, and the Nation will influence the level of municipal and industrial water demand in the basin. As an example, in:reasod market area population will result in an onlarged market for processed food. Additional food -processing ca- pacity will result in an incre.:tsed demand for process water and water for the additional population supported by the industrial employment. This appendix, is primarily single -purpose. Th.e first four sec- tions are developed on the assumption that th-_� water resource will not be a limiting factor if adequate facilities are provided. The conclu- sions (pxirt V) ;irc, based on the fact that competition for the use of water exists, and suggest an approach to meeting supply needs that would acconunodate this competition. 1 I-1 R E L A T I O N S H I P T O O T H E R P A R T S O F T H E R E P O R T Data from other appendices were used to obtain the assessment of future municipal and industrial water supply needs. Data showing the growth of population and industry in Appendix C--Economic Base --ware used to determine the level of future use or demand. The availability of naturally occurring waters in the basin to meet municipal and indus- trial demands was evaluated from basic data in Appendix B--Hydrology. The functional appendices were also used as a source of some data used in the evaluation of municipal and industrial water supply. Appen- dix L--Water Pollution Control --provided specific information an the quality of water for municipal and industrial water supply. 1-2 H I S T O R Y Municipal and industrial water supply has been a function related to man for thousands of years. Major advancements are related to tech- nologically improved means of delivery and to the quality of water delivered. Delivery has evolved from carrying containers from the tribal spring, or water hole, to wells, and finally to modern distribu- tion systems. The quality of water available for use has undergone considerable change and has been influenced by mankind. During the early period of sparse population, tha surface and ground waters were affected -)nly by natural phenomena. As the population increased, the quality was de- graded largely as a result of manns lack of knowledge, neglect, and disregard for tite rights and welfare of others. At one time the major approach in maintaining the quality of the water supply was to separate man from the water source. The result was the development of water- sheds or wells which were relatively isolated. Even with precautions, manns influence encroached upon the water sources, and means of clean- ing and disinfection replaced or supplemented protection of the source. The quantity of water used for municipal and industrial purposes has continually increased, both in total and in per capita amounts. The total use has risen in response to population increase, and this trend has been reinforced by increased per capita consumption result- ing largely from industrialization. Per capita water use in the Willamette Basin has increased about 30 percent during the last 20 years. The development of municipal and industrial water supply in Portland and Eugene is an example of the evolution of water systems. In the 1850's, a water system was developed in the City of Portland utilizing Caruthers Creek in the southwest part of town and a distribution system of bored logs. In 1862, after several changes in ownership, the system was incorporated as the "Portland Water Com- pany." 'Chc Caruthers Creek supply was them augmented by a well at the foot of Market Street and an impoundment on Balch Creek above Willamette Heights. A small stream in Portland Heights was later tapped to add to th•a supply. Many residents continued to use wells and springs because the (listribution system was not adequate. Pullpi.ng stations were put into service on then Willamette River as an additional water source in 1869, In 1885, the city charter was �m nded and legislative action was taken which allowed the city to onte,r the water husincss. The hull Run Riv,r was scIL,L -d ate the Iww ourc,- of wat-r too the City of Portland in 1.886. By 1.891, I1g:.e1 r1st ra rots 11:111 bean ove rcome�, and a contract was awarded for construction of conduit no. 1 frOm 131111. Run. Almost concurrently, Pcd,ral action provided protection of that watershed by establishment of a Public forest Rosut-ve in 1892. By 1904, Congressional action bid enlarged the protected area and prohibited trespass. The first watershed impoundau-nt was provided in 1915 by constric- tion of a low dam and di.ko. ;it hull. Rui Lake. This pr<,jeet provided about three- billion gallons of storage capacity. In 1929, Bull Run Dam No. I was built to provide 8.8 billion gallons of storage. capacity. Construction of Bull Run Dam No. 2 in 1961and improvements at Bull Run Lake in 1962 increased ih,,• total stnrac capacity to 23.2 billion gal- lons. A recent joint city -Forest Service, report has indicated the watershed will. be adequate until aboul the year 2000. Chlorination has been the only treatment required for water from the protected watershed. 1 -y The first water franchise in Eugene was granted in February 1886. By 1906, the original source from the Willamette River near Skinner's Butte had been expanded to include several wells. In 1906, there oc- curred what was then described as "the worst typhoid epidemic in the history of Oregon." As a result, filtration and disinfection equipment was installed, and political pressure built up for a general cleanup of the waterways. Sonn after, the city purchased the system and installed two sand filters. In 1914, the city reverted to a well supply upon completion of a well on the north bank of the Willamette River. This served until 1927 when a 30-inch transmission line from the McKenzie River at Hayden Bridge to the filter plant in Eugene was completed. A new treatment plant was built in 1932 to replace the original plant. Thr McKenzie River has since been used as the water source for Eugene. The last major change was construction of a new filter plant at Hayden Bridge in 1947 to replace the plant in town. Th,u availability of water in adequate quantity and quality has been important in industrial site selection (see Part 11 for examples). In most instances, careful evaluation of the available supplies before selection of plant sites has precluded eventual process water shortages. Municipal and industrial water supply for both the present and the future was made a function of Federal storage projects under the Water Supply Act of 1958, as amended. Storage for future water use may be provided if assurance is given that the cost of storage will be repaid during the life of the project. Cround water is the source for more than half of the municipal water sysLems in the basin, but supplies only 1.0 percent of the one million people served by municipal facilities. Development of ground- water supplies for most urban areas has lagged because good -quality surface water was readily available. Problems of quantity and quality have restricted ground -water development in some parts of the basin. 1-s N 4 I'f1 1 a �ri 0 Z o 1� a• F o ° o ° O O U u in � ,� ... . . . ..... � � j � )/2}f\U,0, W / Q � © ~ \ / }6 \ S \ 2 a- $ © \ w u m \ �LL\ a� 5 u § I ¥ \ \ 'S K@ q � � r O � s50 <3 II-3 Photo II-Z. The WiUcanette ValZey in the Middle Subarea; typicaZ of rural -domestic water -use areas. Municipal, industrial, and rural -domestic water use currently averages about 370 million gallons per day (mgd), with peak demands approaching 750 mgd. The municipal and major industrial demands are about 180 mgd each, while the rural -domestic demand is about 15 mgd. Approximately 18 mgd of the municipal demand is for major water -using industries supplied through municipal systems. In the Willamette Basin there are 78 independent municipal water supply systems. The size of these systems is shown in the following tabulation: Number Total Total Annual Population of Population Average Use of System Svstems Served MGD Under 5,000 63 79,900 17.36 5,000-10,000 7 53,400 9.50 10,000-50,000 5 115,500 15.54 Ovcr S0,000 3 887,600 127.26 i1-4 table 11.2 ' love.: wfy o, aipu Z, I+:dvut ri u! u... RumZ-4`a'm,a'•ia Yn:fr Uaa, L?>5 tu5`uaxin Hep Loceriun A verage k cr Uw n Y.GO Olmanda NGO 30-Oay�- 4a Cer ki8ht Mill Snu Lee Area 1: S _ _�-___Y♦�--_�at_„r+a--- Coa et Fork Subbfl�a_in Menic foal 1-1 1.OR 1.00 2.00 12.S11 i, Adua Latta Ro Cruve Cresvell 1-2 4 vu llx Adegoa to t avl r� i nd un[riai 11.33 Lre wvl)v , L�anh.[ and Yo.d Froduit s. 11.)J Loycagc Crov eye el�ae. over Cv. t-7 10.00 Cvatic Fork Will-- 1-4 1.33 Coeat Fork Yfi lame[<e Rural-Dosee[fc 0.34 Hfeal� Fork Rubbe, n H��a ipa t o.93 a.0 0.30 c.a5 mFntra„a a D.aL.r Ae Adyywte .9eatr LeP<u z-] kes wire rC Oakridgq 2-2 0.60 1.2V 4.66 Se imoc r. 6 -11 Adequate. Adequ- ]nduscrtal 0.17 Lumber and Uoad Yrud.- ------- 0 17 Est fvt `Eevnrd tivnes Lanbcr Co. 2.3 0.17 H+ddic Fork u(11nx [ta• %ura l-Dm. scic. 0.0 tic}:enxte Suhbaal n_ Runic tool Hnrco la 3-4 0.05 0,05 0.10 0107 3 w•11�: t Add't v. Adegwtp r.y. kure l-Dome s[3c 042' tone Too sebnax�e Hnnic azl O.19 0.30 O.11 4 velis .r. AJd11 v Ex[eeafve Har rtzburg 4-J ieq. berdne o-e Nonroc 4.1 0.04 0.10 0.23 yle 6 Bclk- SprfnR, Avral-Daue alta 1.54 Eugen_�,}ngF�uld ,So rvice Rr^.n Music lQsl Cohurg and viclnfty 5-] 18.72 0,20 1.80 195 2 vetla Hc%en,fe R. 6 lb ve lla Adegw ae Ad.q wte Ade9 wt. Eugene-R Pr1nRt3eld Urban ore. Eugene v r 6 Flactric koecd 3.1 ,90 16.90 34 .60 .10 Pa<1(ic Pa.ur 6 LIFhL 9prinft [icld Utfltty Hoard 34 Rainbow Veto Ointcicj. bet 6 W�aO Prod_u„_cte ina L+aeber 6 Vcnccr 0.25 Evkene UStaPlywod Cvrp. Unite-dd[ee 0.3636 Eugene Food Yxodu.ts 0.6R Rv�ene 6 veil EUgen. Pru]t C.rawera Aaa n. 0.45 0.90 1.99 5 •.l la Adrgvate. Adequate ]unction C[[y 4 1 �=. Fnduz[rfal 19.29 P u_Lp-and P,cer Mf lts 1.80 g pW,y-held 3-J J.80 51 X<kenxfe P. 6 vc11 v.yczhaeuaer Co. Luahr_�d vood I'rndse 8.69 Fug. nv Venecc b Yl wood 0.28 5 uc11s .)ones i1D•0-LOR Veneer, Inc. 0.25 veil S yrinFfiew 0.57 Lon P. Tan Rtver %o.harn -b- Co. Co. 0.32 Ne%u nr te. %. b veil V,neouvnr Plwond vnperhaeuzur Co. 3-3 4.92 HCRe nxte k. 6 veil Vanes l ntncnetfonal 1'A per [o. 4-2 Z.42 LnuR Tan ktvcr 0 hemtra la 2.R0 Ru_I�Ilw.+ant{e O.bS Frfmarfl5'8rou nd Lwa�aeltlet^ Ile ed v, ♦ ar a Arann itla , of Eux 11-5. TI le II-2 1-torp of Mwimlpm2, lndvatnlai tad FumI-Doaescie V..' Use, 1RSS Annwl Peak Prcee nt !Lp rage 0etanda Weter BubMain Wcat(on Wa l Use W. Right L(mlts ci n Pros r. Vae Service Ar<a Number MD 30-Dav MCD Sou OwnGity 0vaiiry A3Mm-Co 111I Service At., -! Adair Air Foxe Scatio 9.76 1.94 wlllzmecce River Ad,— Adegwte Alban, 5-2 2.4U 1.50 Claiemd South Santlam River Need ft zm v.r. Adegwte Lt 6 Neod Y�totl^ Wood Flbteboe[d Co, 0.46 Albany Foad Pradn<ta Al"t, Frown Fepda, inc. 0.18 Albany D. C. Nebergall Meet Co. 0.to Albany 6 well Ptlabry Me[ata Oregon lie [ailufRfcal Corp. ,_Ill. 6-1 0.0b 4.03 7.10 23.30 Albany Rock 0r. A Willaxtte R. Adegwte Ad"- Phil-th Corvaili. Lebanon Sweet Hone 5-3 5.4 1.05 0.66 2.10 1.30 Claimed 4.91 South Sanllam River South gan[iam Rf v<[ Need flm w.r. M1deq wtr Adegwte Adegw c< LwAei aM Wagd Predu<ta Ba nt{m Lum6ex Co. 0.80 gvtet Hone Imfw trtel 19,41 Pulo and Pones mIlls 15.2a A16 Wea[ern Kraft Corp. 5-5 7.36 N/ll,IIette Rives 46e non Crown 2ellerbach Cnrp. 5-6 7.90 Swlt, Banc ism River Ltcber and Wood Products 2.Sd Corva ltia Ceocgla-Pacific Corp. 6-2 O.64 Nlilamezte River Lebsnan United Seatea Plyv,wd Corp, 5-7 1.92 Sant{am Rfver 6 well P r(mary Mttala 1.65 Al-Y Wah Clung C-P. 5-6 1.65 N(l lemeGec Rl ver Ru[a 1•Domesttc 0.45 gale: Se lcc Area Hunic{pal 11 .39 .It.. 6-3 1.49 2.90 9.04 6 <regka B[oragt needed Adtgwtc Umber and Wootl Produo[a Niliamarx Valley Laber Co. o"" Dallas Independence 6.4 0111 0.60 1.51 3 ve lln Adegvete Some MrdeMee Inter-Inatttveicnal 4.51 Buz Eace 6 vt ils ilotmouch fi-9 0.39 0.80 2.02 Theli Cr. b eprll, Adegwte Adegwte 6eim 5-9 12.67 26.00 121.35 Naf[h Santirm R. 6 Vella Adtgwte Same high Iron Food Pradu Blue hilts Pa nkera� inc. 0.43 Setem Cellfornia Packing Corp. 0,21 Salem 6 vc it Oa le Coxp. 0.4, Balm Kellty, FatquMr 6 Co. 0.35 Salem Oregon Turkey Packtra 0,14 Salem USP Corpota[!on Kelzer Wetar Oie[. 0.12 3.10 Salem Salem 6 3 wells Adeq wte Adequate (urwc Salem Adequate Adeq wre i ndve[rlel 18.56 Pu In and Per Hills 16.09 salmi Bolas Cascade Lurp, 5-10 16.09 N-th Sant4aa Rfvex Yood Yrodu<te 0.69 Sa]em On1 [ed Plav-R •Pet 4rowe ra, Inc. 0,19 Well Neat Pomd,Nall Cheml<ala 2.00 Rura t•IAazatic 0.80 Bands. Subbaein N g wHnae'yfilr 5-11 6.19 0.14 0.70 0.75 Lete pools R. 6 Vell Liafted 5-12 0.02 0. 10 0.65 Mackey Cr. A veil Atleq wte Oat cult 3-13 0.02 0.10 0.07 Noceh Ssntlam Rfver All [e A Mn Gates 5.14 0.02 O.10 0,29 1 .<I1 Ad. to Nish Iron Hs leaY 5-IS 0.03 0.10 0.97 Rainbow Crcek Adequate IdanM Jefferson 5-16 0.0R 0,20 0.50 3 vc11a Ade9war Adeq w to Lyons 5.17 0,06 0.10 a.7e Nart P. Ferk Santfam R. Adeq, Lures Iron Ctr, 5-ig 0.11 0,20 1.15 Rprth gentian Rfver Adegw Ce Hill 4clu 5-19 0,06 O.10 2..6. Tbomss Cr. 6 2 Vella Adeq w to Adegwts. xable Inuer.[ory of Hunt..✓.pol, l+i:ua trH ¢1 anal RNM3-liamea tic Va[ut vac, 1DGt Hep era 8e Latetion e[ Use a[NGD 4aanda NCU RfRht Llm loop on Pr<.a�t L'sc Rubbaain 8<[v Nwbet J0-0av NG0 So [ Qwnt_i[v. �,�w If CJ_ SanCinm Subbu ain (Coot,) sera vel Ni 33 Brayton 5-10 aol 0.14 O.IO 1.40 R. 19 Vr I1 Inf Sl Cratton R. Santtae Adegw[e Adegwte Food r[daa_<ta 4 9U D[+ytpn 6 1 veil stayton tannine I nduSirial 3.24 tw6e=etM Nuod Pruduc t_ 3.24 f0xte[ us ilnme[te Natl. IL r, eo. 5•21 2.48 sanitary Aiver LYonc Simpson Timber co. 5-T2 0,10 6entiam River 6 ve 11 N[11 Ctty }2) 0.19 Sanelar. River 6 veil -IbLumberantCn. Na[Ch Sini Pl wood Co. 5-.2L Bantte[River Nanula<tu 0.20 Rural-Dumat3cA 1.55 cw ac Range s+bmam Nunlclwt 6-6 4.06 0.0] 0,20 a % sp-g 6 ve11 Adegwta Adrgwte An it l• Catlion 6-7 6-8 D.DB 0.11 0.20 0.2U 0.32 1.14 TanCM[ CzenR 5prenAa 6 va 11 Adeg wtc Adegw ce Rh Nn Ili Pe b UaYton 6-9 o.os 0.20 0.60 Sp rinps 6 vela Atl<queto Adeq wte Ou+Mee Eol4 V1lln 8u D-10 a ob 6.21, Nell AJevwte Falla C3[y Grande Runde 6-tl 4-12 0.13 0.03 0.30 6.10 1.03 Tnel Cr. b sprinRs Rock Creek Adequate Lafa Yeltn 4-1) 0.08 0.20 0.62 SprtnBa 6 veil Adequew N[N1nnVi lie b-I4 1.64 >,30 12 .98 NnaRlnn Creek Adequa[e +t present Itmn Food P[edu(C° Pn rmer :onp, treemeiy 0.32 NCHtnnvllle Adegwte Adegw t< NevDe rfi b-LS b-16 0.11 0.21 I.40 0.4U 5.47 tin 6 v[I.34 Spla Sprl�a Adequa[< Adegw to Bhn[sdaq b-lJ 0.2M1 0.60 2.OG Ntllam+nn 6 lady Creeksate adequ NCB6 t[u Nil tanf+w Yamhill 6-Ib 0.26 0.50 0.63 Tur rcr erenk Adeq wte Adegnat<n Industrfnl t4.b5 Pu It end Pu nor Nllla I2 .B4 xevbe[R Pub llahvra' Yaper Co. 6.19 S2.B6 Ni lten•t to R- 6 va 11 Lumber end Nootl i'rnd�c r_ s 1.4s V tilaxina 1. S. Plwond Core. 6-TO 1.4ft Yamhlll Riv<.r Pouf Ptnd vrta O.li DAYCon stayton Gann inR -1-1 0.11 2 vn lta Nanufect urinx a.. Ru ral•Oa<evt 4.52 Pudding Bubbwa+n Nunl -1 7-1 2.16 0.03 0.1 2 vx•.1 is Adegwte Aweville 1•2 0.03 D,1a 0.2I o:J ls Nei Adeq wte F.zt.<nslve iron Aurora 0.02 0,10 0.23 N'n It Adegwte Adequetn Bat Lou J•3 0.2M1 lt,SU 2.JB SprinRa b ve lla Adeguete Bllpht iv Ford Genbv [:niton 0.04 O.IU - Cenyon [r«k Adequa [e Isonnld 1.4 O.U3 0.10 - 2 vvlis Adegwte xard. f+ Cervale 7-5 0.U5 0.10 U.b] T ve lls Adcq note NIAh lronn4 Nn I1s-d 1-6 J-J 0.0] O.le U.20 0.4D - 4.50 2 unila Infi itia[ign.Nolalle R. Adeq w[e Adeque[e fipinlia M[. An Rel )•8 U.Ib D.40 T.64 3 veils Adequate Atlegw [e Nu lino 0.05 O.ltl - 2 BprtnAa A vu 11 Adequate Scoetn Mi tls 1-9 U.OT G,IO O.Ib springs Adequate halve rtnq St. Pant i•10 1•II 0.65 0.02 1.20 U.1G 10.41 0.4T ADlgw cr A Stiv<t C[. 2 vella Adequate Adeq.wt� ttarA Sublimity ]-12 0.05 G.IU 0.)b 2 vetls Adegwte 111 Rh Iron -d6urn 1-11 0.4D I.DG .i . 14 n vclla Ad,,1_1 Gxcessi yr t t't lnduacrinl T.64 �4u+6e��xnd Nnod i'rod_c[x f JO vai•111e illeren [tr 'V yvegd fnrr. 1-14 U.N2 Sa vtlAm Rivor Y.o IV tla n Lwb�,r Cu, i-15 0,22 Ncil .�r. L,rvea 1.wn<t co. J•u, a.zh Nnit PoodAr rndur[a i•3o uuadnn�� Gone cni Foods Gore_-Bt rda f'ry, 1•0 1.)4 _ will I1-7 -:m .. a-v^ega••ar'°T<s 13Y:''nv' :,:^m.w•••.n ^^s".:;,^•^�-wn' .v Table II.2 (con[.) lnusnraPy of Nwicipair and FDaevi-tkrneatia Yx:eM. U�ar Z066 Map Ava raHt Ueeanda Water btlba aln Location Vatar 0ae MD Right L(mtcatinos Ycrsent Vee Service Area Nmane[ NGD 30.Oer mo Source ntill Q- v LhYld{qf $ubbaaln (Coot.) )1.1L[11 -Igeat 1.66 Post Lnd bate Ice Area M•Fninipt! 1U6.69 Mnka 8-1 0.07 0.2D 0.27 Springs Adequate Adequare Fa1-- Forefl Gravy 10-8 8-2 U.09 1.16 0.20 2.30 2.28 6.33 2 Ye 11a Clear b 6.1t. 0tueks Ad,.- Nee; U." Adequate Ruod Pr Clay 4 C.- wp1 nY 0.07 U,AO 5.16 ioreac Grave Tnl ltttatinn,G leckea'. R. Adequate $ate Mrdnt•aT "'IILro NI1tWnro 8-7 8-3 1.93 3.60 3.60 9.04 Tw lotto R. b Saln Cr. Near ifmlt H nit iPal AloM-Huber w,D. 2.86 hill b we71t C -Lua Htlleboro ).void Fuod Pmdurte Hirde Lye O.1R Hlilabnrn XalaT'a laud, Inc. N(Ivaukle 10-1 D.10 1.10 2.10 3.79 Ittllaboro 4 well[ Adequate Nodcra rely need, we icon Port Loa 11-1 87.60 180.00 bull Run Hu11 Run Veterehnd Adequate adequate Munfciwl 14m11 Yark Y.➢. Portland Yn [nand Bafeline V.O. Yp:t1aM Beaverton Portland Ctpitot Nvy. u.0. Ch. kamaa V.D. (0.80) 2.00 9.69 r rtiand fore Lnd coli(n> W.V, Port lard ce�nnftr wur co. Lngtevuod Par4 Wter Co. rnn lava Po rt Lnd 6 [den xogr Y.O. Portland G116ert Y,➢. Portland Cxeah- Yot m Haxe hood W.D. Port Lnd Randall .1.1 b Improve. Co. KLItln.asto[th Mutual Yatet Lka Ofvegn t0-2 (I.IO) 2,1 3.v Po[tland b vclla Adequetc We 11s of ,- qwa f. (narenaaaJ Xanlo Pazk Yvrt Lntl Metcger Y-➢, Portland Mount Scott N.O. Pn rtland Oak 4+d Rr V,U, PsLttne•R111 W.V. Portland Yartland ➢a tkrnw Y.O. Portland Powell Volley No. 1 Y.D. Portland Poaell Valley Road u,D. Portland 9rugceea 4.p. Yuri Lod M la fRn Y,D, Portland Rockwood V-➢• Port lane box CStY V.O. Foreland ua ttlt,ill, Y.D. Stanley W.D. Ynrt Lnd Port Lnd sylvan W.D. Port Lnd TlAa td Y.D. b•4 1.51 Port Jana b 3 wells Adequate Hnav<atciy hard wat S3nM' Y,➢. Y tchtta v,p, Y rt Lnd Pa rt fend Ynlf Cnek xYy. W,D, Pe rt l.M Tektrnnf a, Inc. (U.341 Vntl Creek Hwy. W.R. lnduetrfal Yood PTodua tf brander !feat Ca. Gteaw-. Fet[y Gramm U.IO 3.1R Vnrt la nn Ye1L 6 Yn rt latM wtfanal Bla<uft Cq n nt.er. Afar. O.I2 o.la Pprt Lod rortaand CMC.- P<oduc ea Cnlpme n CneMi cal Co Port Lnd Fenger Ivan is Ca. bait SMiI all cn, 1 :61 0.10 Portland Portland Mm�f[c tvrint p.74 YOYc1aM Y,aco Cnip. Ja ntxe int. 0.2a Part Lnn b ve 11 Hurt Mre atgrn Ice b Cnld Sroraxr U.li Yn rrland TLAer Sit&turaa, Inc. 0.12 Pn rt land OJ-n' Aon Par +f is R.R. U.21 Yo rt lent Table 11-2 (Coot,) SnuxntorN of Itknicipal, InE ictl a i F4ro2-Dnruatid Ygfar Uee, Z966 --�'-" Mnwl Peak Yreeent Average 4aundn vet¢r qubhaatn ±p ta: tion NUMer Ya[er Uac HOD HGD 70-Da' Rtght HCD Source Livilationn en Preaent Use Uwntsxy �((wlit Se rvtce n Poxt lnnd Su rvice Araa (Con[.) Munici p.+l (bunt.) 0.40 1.26 Nall R tcAla nd M.D. 0.65 Melt P tvet (:rove N.O. 11.2 0.21 0.40 1.55 Springs b Beaver Cr, Adegw ee Seedy B-E o.0800 0.26 1.11.70 J velln Ade9 wrr Adeq wte She mood South Fork Nater Laaotaaign 9-1 5.00 75.28 Clank- Rivec Adegwta y gwte N tcire] 96.1P Sowh Fotk Y,D. Oregon city South Fnrk 4... 4asc Linn 11-.3 it'. D.IV O.4J Sp". b 4e1! Adegwto Adegw![ Truutda la 8-7 OAS 0.10 Nsllaburo 1 we lie Adequate Tw lee to NPdd Yt I.A. 11.4 0.04 0,10 0.29 Melt Ad-. Adequate inaurt rial Pulp and Paper Hf llr 4949•97 .97 Oregon C1ty Publtahe rz' Paper Co. 10-3 10.46 NS daze [[e River nn ueG <usnt Yaitr rba<M1 Larp, lU•4 39.SI 4altavette Aver tsmbex and Mond Froducra ^� 0.93 Furaat. Grove Sttveon Lmbnx L'o. 0.17 ticngglns Creek Por[1nM Nuttnomh Plyuuod Corp. 0.1E CnlvMla Ptvvr Food Y[ndwta 2.35 Fo[ea[ Clove Porclaod <anninR Co. D.OS Nrv.II rartlnna CAtnatSon Lnmrnny 0.51 Vel! Fa[e.rcr. Wiry Asan. 0.11 Melt Pacif t< Heal co. 0.20 vu ll Swift and Co, 1.52 veil Prsma ry Hulnla 7.09 Yorx iand Oregon St-1 M111n 0.52 4l ilamntty River Traucdalr Reynold. Nctala Co. I1-5 6.57 7 va lla 7fanufacturf ng L,Lti Ynrt land E lee tronl< Bpev.ie lty La. 0.2] Ne It Na11-Nell Envelope Co. 0.24 cell tb nrk lndwt[lea. Inc, 2.05 Melt O reR+rn Port/end cement ca. IU-5 I,22 elilanatte Riv c: Untan Garblde eorp. .24 Melt Nillent tr iron b Steri 0.2L Hrll Hura 1-INaee 0.97 Sae latin s'unl•nr tU -44 C letlumna tiuEhnei r 0.50 1.29 Cta c'kavaF Nt v.•.r . ,1 0,27 Ru [.r 1.O.�ent tc t.02 Col u++b is svbhn xtP Nv�ir�i 111-b V'JO 2 v .. .in pruanr A t'.aar lea ('.t. Adrq un tr YtN ih•lene 10•> .lU l.iV -l; .L'+ Rnnnrt vrlln, G.+I.whia it, Adegw tr Adrq un tx• I nnnxtrtal 2g_41 r�� nq�l F'ayi•. Y(lln 2E,E4 Ilv lr ns r fn senor (.rP. Z4,h l:n lweh �a N�.v.1 Lu-[•.�,nnJ 4uad rrnda�: 0.(i l'oxlinnd M.r•r I.uohrr anJ Pinned 0.11 urll nnfai-t ��r;", -Tie x.ba inn. S tt. U.Sa cell r.wn 2r llr[Eacli Vorr, K�f rer Iwe- fu., lnr. 2.1J Cnlu-,hie Htve. N ur.,f l-Damacl.. O.J1, ..npT_bba_ Y LEal u 'Umm�vii ',.U9 h1 1 r Nv11 A.i�n.+..• n.3irynnxr l•• 0'(" Upper Subarea Eugene -Springfield Service Area The McKenzie River is the primary source for the Eugene - Springfield Service Area. Approximately 75 percent of the annual re- quirement for this area is supplied by the Eugene Water and Electric Board through its Hayden Bridge treatment plant. The existing resource is more than adequate. The Eugene -Springfield Service Area also uti- lizes ground water from the McKenzie and Middle Fork Subbasins. There is no major use of water from the Willamette River for municipal or industrial purposes. Most of the industries in the Eugene urban area are served by city systems or wate- districts. About 7 mgd withdrawn by municipal systems from the McKenzie River are used for commercial -industrial purposes. The two Largest industrial users in Eugene (Eugene Fruit Growers and U. S. Plywood) used 250 and 133 m€, respectively, in 1965. Of the total city system intake from the McKenzie River, Eugene Fruit Growers used 3.7 percent and U. S. Plywood used 2.8 percent. Other industrial users in Eugene include dairies, creameries, soft drink bottlers, an ice plant, steam plants, and custom canners. Some industries in Springfield are supplied water by the Pacific Power and Light Company water system,which has wells developed near the river. The amount used by industry from PP&L totals approximately 250 mg annually, or less than one mgd. The Weyerhaeuser Timber Company plant in Springfield is the largest and only significant self -supplied industry_ The company holds a water right for 80 c£s (51 mgd) from the McKenzie River. The Photo II-2. The Weyerhaeuser plant in Sprinoj'ieZd is the major industriaZ water user in the Upper Subarea. quality of water is such that the Weyerhaeuser Company treats only about 6 mgd at the present time. During heavy runoff periods, which result in high turbidity, the solids in the water cause excessive wear of the hydraulic debarker nozzles. It is presently economical for the company to buy water from the Rainbow Water District during these peri- ods instead of providing additional treatment. Chemically, the water is always of satisfactory quality. The quantity of water available in the basin is adequate to satisfy the immediate requirements of industry. Coast Fork Subbasin The existing water supply is adequate in quantity and quality to fulfill needs in the Coast Fork Subbasin. The City of Gottape Grove diverts water from Layng and Prather Creeks. These waters are chlor- inated at the headworks and flow through a 23-mile transmission conduit to the treatment facility in town where they are flocculated, settled, and rechlorinated before distribution. Ground water obtained from four wells is the source of supply for Creswell. Higher than desirable con- centrations of arsenic from natural sources have been noted in some other wells in the vicinity. The Weyerhaeuser Timber Company mill at Cottage Grove has an aver- age intake of 10 mgd, or 3,650 mg annually. Water is used primarily for steam production, hydraulic debarking, and log -pond filling. Other industrial users include small sawmills and gravel -washing concerns. Photo II-3. One of several smanill installations in the Wllamette Basin. -his one, at Foster Reservoir, demonotraCfas the common use of a largo pond for log storage. Middle Fork Subbasin In the major water use area within the Middle Fork Subbasin, there is ample water to satisfy present municipal requirements. The commun- ity of Lowell takes water from an infiltration gallery adjacent to the Dexter Reservoir. This reservoir is used extensively for recreation, but no quality problems in the water supply have been noted. The lum- ber and wood products plant operated by Pope and Talbot, Inc., located near Oakri&e, is the major industrial water user in this Subbasin. Other smaller mills have adequate water supplies. McKenzie Subbasin The municipal water supply for Marco_la, obtained from ground water, is adequate to satisfy tho present demand. Lone; Tom Subbasin The seasonal variation of streamflow in the Long Tom River above Fern Ridge Reservoir and inferior quality of the reservoir and down- stream waters have delayed development of adequate water systems using surface. sources. The community of Ven_-ta relies upon ground wager. Th�v high cost of extending the Eugene system to Veneta and Elmira has resulted in an indefinite deferral of the suggested project.. Monroe utilizes springs but is short of water supply. Harrisbuj�& relies on fear walls which produce water of excessive hsrdnass. Tlrtrc is no significant demand at present for industrial water in this subbasin. — s, -1 , ;s r� iI hcto I-4, water is sure "Lieu bu lnJ rztzor: Jrc� F, te2' ;rr-sFrvoi.r or the .,ztu ^!' LOWOZZ in the Uppei> suba fea, (-Corm iaiG i77G'AY'S, I'ovtland' Oregon, Aorc) Middle Subarea Alba -_Corvallis Service Area AlbaU, Lebanon, and Sweet Home obtain water from the South Santiam River. Water is withdrawn directly from the river at Sweet Home, while Lebanon and Albany are supplied by the Lebanon -Albany power canal. Natural flow of the South Santiam River is sufficient to meet demands. Present demands of Corvallis are served from natural flow of the Marys River and from the Rock Creek watershed on Marys Peak, supple- mented by water from the Willamette River. A storage reservoir of 100 mg capacity was constructed on the watershed but failed to satisfy peak demands of the Corvallis area during dry years, so an additional source from the Willamette River was developed. Near Albany, two major industrial water users --the Western Kraft and Wah Chang Corporation> --obtain water from the Willamette River. Western Kraft uses about 7 mgd, all untreated except for boiler feed water to control scale and corrosion; its existing water right is for about 20 mgd, and the plant has sufficient water. Wah Chang uses about 2 mgd; treatment has been limited to simple chlorination, al- though turbidity is a wintertime problem. Industries near Lebanon and Sweet Home withdraw water from the South Santiam River. Crown Zellerbach pulp and paper plant at Lebanon uses 8 mgd. United States Plywood Corporation at Lebanon uses about 2 mgd. Other minor industrial users are either self -supplied or obtain water from the Sweet Home and Lebanon municipal water systems. A part of the water withdrawn from the Willamette River by the City of Corvallis is ultimately used for industrial purposes, mainly food processing. Blue Lake Packers, the major Corvallis -supplied industry, uses about 30 mg annually, mostly during July to October. The only industrial use of water from Marys River is for small saw- mills. Salem Service Area The City of Salem obtains its municipal and industrial water sup- ply from the North Santiam River. A portion of the water diverted by the City of Salem is used for industrial purposes. Food processing, the major user, has an annual average requirement of about 1.5 mgd, with 5 mgd peaks during the canning season. The demands are easily satisfied. The only major self -supplied industrial user in Salem is the pulp and paper mill operated by Boise Cascade Corporation. This plant com- pletely treats and uses about 16 mgd, diverted through a canal frcxn the North Santiam River. The paper mill shares a right to 254 cfs (164 mgd) from the North Santiam River for power and manufacturing; this right, dated 1856, is subject only to a prior right of 50 cfs for the Oregon State Came Coiunission. The mill also shares in a 342.6 cfs right from Mill Creek, subject to about 230 cfs prior appropria- tion, which may not be satisfied durin;, the summer. It is, however, assumed that there is sufficient water available to meet immediate needs of the plant. Two food -processing concerns in Salem are also self -supplied, but together use only about 0.5 mgd. Santiam Subbasin On the Calapooia River, the City of Srownsv_ille has been forced to alter the streambed during summer periods of extreme low flow in order to flood the city's infiltration gallery. There are no large industrial uses of water in this drainage at present, but a few saw- mills use minor amounts of water. The communities along the North Santiam River do not experience any water supply problems. Coast Range Subbasin The total water resource of the Yamhill River drainage is adequate to satisfy annual demands, but seasonal deficiencies make storage or transbasin diversion necessary. The largest community, McMinnville, has constructed storaga facilities to satisfy peak Sumner demands. A major withdrawal of water from thz. Willamette. River is made by' the Publishers' Paper Company at Newberg (13 mgd). The company's existing water right is adequate. Quality of the water is controlled by filtration, chlorination, and deionization. Quality problems are primarily turbidity resulting from transport of silt and other float- ing material, and changes in cha_mical quality. It is also necessary to supplement the river supply with city water during the summer (0.1 mgd during August and September), when the river water is too warm for acid -mixing. Industrial use of water within the Yamhill drainage is presently limited primarily to a few wood -products mills and several industries using cir_y water in McMinnville. Sufficient water to satisfy any sig- nificant industrial need is not presently available without storage or transbasin diversion. Only minor development has occurred in the Luckiamute drainage, and there are no significant municipal or industrial supplies or demands. Puddi� SuSbasi.n Seasonal deficiencies of streamflow have accelerated consideration of upstream storage in the Pudding Subbasin. SilverLon (4,000 served) relies primarily upon surface. water. '.1'he other comma=cities generally use ground water. Thar(, is no major industrial use of surface :Miter within the su`)- basin. Birds F—ve Frozen Foods at Wo:)dburn, the largest user. relic;, upon gruun_1 water for its su,1'.--9'hi.s company was usim, about 2 mgd in 1961 but has since expanded, and present use is somewhat greater. Ground -water quantity appears sufficient to meet near -future needs. Lower Subarea Portland Service Area The Portland Service Area is the most densely populated area in the Willamette Basin and has the greatest demand for water. The sources of supply are many and varied, but the largest single one has been developed by the City of Portland in the Bull Run watershed (Sandy Subbasin). The present Bull Run storage totals 23,200 mg. The trans- mission facility consists of three conduits about 25 miles long with a total capacity of 225 mod. The natural quality of the water and the present watershed management practices have made it possible to provide water satisfactory for distribution after treatment by simple chlorina- tion only. Other sources of supply include ground water and water imported from the Clackamas River. Complete treatment is required of water from the lower reaches of the. Clackamas River. Lake Oswagn chose the Clackamas River as a new source to replace walls, foregoing a less ex- pensive Willamette River source. Municipalities in the Tualatin Valley rely partially upon water from other subbasins for their supplies at the present time, and it is expected that greater demand will be made on oat -of -basin sources in the future. These communities have become very water -conscious, having experienced shortages and havin,; lost industries for lack of water. Forest Grove and Hillsboro_ have an immediate need for additional water. Beaverton,.Tigard, and Lake Oswego Corporation are also augmenting their sources. Actions taken to gain an adequate supply for present de- mands include authorization of the U. S. Bureau of Reclamation's Tualatin 'reject (Scoggins Reservoir), which will provide municipal and industrial water storage as shown in the following tabulation: M&I Water Allocation Adequate CornmunUX Acre_Feet to Year Forest Grove 4,500 1998 Hillsboro 4,500 1986 Beaverton 1,500 1933 Tigard 2,500 1982 Lake Oswego Corporation I-00 ---- Total 1.4,000 Industrial water use in the Portland Service Area is primarily for pu1,1) and paper production at Oregon City. Publishers' Paper Compan.v at 0rc;;on Citywithdraw.i approxi.matcly 39 mgd train the Willam,4•tte River, About 1.5 mgd pare treated (cost $33 per mg) for use as process water, and the remaind'r is used for non -process purposes such as fluming. An additional quantity of water is used nonconswnpti.vely for power genera- tion. Thu mill's total water right is 822 cfs (priority date pre-1842), and its water donc\nds are easily satisfied. Crown Zellerbach operates a plant at West Linn, across the river from Publishers' Pa)er mill, w!i.ich produces newsprint and printin3 paper from >ulfite and grou•vl-wood processes. This mill also withdraws water from thy= Willamette• River, treating approximately 20 mgd. The direct cost of treatm,rat (cha.micals and la!)or) is about $17.65 per mil- lion galloil'i• i • ,.�;.< ZT •+/may, .,.,.�y, .:S "� .. ..` "•' �.�tf"^� i',,�.'r' JAB � �''9— . �'-Y TIA Al Ail r' .t'ho-c .,_-L, The pulp and paper mLZZ complex s1: Jregon City a?ui Sinn (top center) withdraws a combined touzZ of x r- ox.-- mateLy 60 mgd from the W2Z!amctte River. Other industrial water uses on the Willamette River are individu- ally smaller but nevertheless important to the basin economy. In some instances, industry finds it more economical to purchase water from a municipal system for boiler use than to treat river water. The &ar- thest downstream right is the Pennsylvania Salt Company's water right for witlxlrawal of 8.80 cfs near the St. Johns Sridgc. A tremendous amount of ground water is used for industrial pur- poses along the lower Willamette and Coluinbia Rivers. It is used f�,r haating and cooling, and for process water in food and kindred indus- tries, and fabricating and concrete plants. No attempt has been made to determine the total annual withdrawal; in 1959,.there were more than 500 wells in east Portland, with a total capaci.t.y of over 82 mgd, but the amount used is not known. A large industrial user of ground water is the Reynolds Meals Company nt Troutdale, supplied by 1•4 wells with an annual yield of four billion gallons. The plant used 2.4 billion gallons of water during 1952, but was not operating at full capacity. Most of the water (75-30 percent) is used for scrubbing stark gases; the remainder is used for various purposes such as cooling bearings, castings, and cleanup. Tualatin Subbasin The existing surface -water sources within this subbasin are fully appropriated. Further surface -water u*ilization will be possible only with storage and/or transbasin diversion. Clackamas, Colrmmbia. and Sam^_Subhasins Present sources are adequate to meet needs of areas outside the Portland Service Area within these subbasins. SEASONAL DISTRLBUTION OF DEMAND In order to properly evaluate the total demand for water, in a particular area, the seasonal and monthly distribution must be con- sidered. Table II-3 presents monthly demands by the major water -user groups in the four major water -service areas. The monthly demands are shown as a percent of the average monthly use. Those values below 100 indicate less -than -average demands, while those exceeding 100 rep- resent months of higher -than -average demands. The maximum water de- mands generally occur from .July through October, the period of low stream fIow. A comparison of daily, monthly, and annual use patterns of Portland, Salem, and Eugene is presented graphically in Figure II-1. These hydrographs show that use is greater than the average demand dur- ing less than half the months, while the peak use is generally double the average demand. Although the general yearly pattern remains quite constant for any given municipality, quantities change, from year to year, reflecting growth and climatic fluctuations. -Te I Home E mctran'c Code of Federal Re( g Pa. g C., V g , a V 11, Lis f 0, cf,� 0 V Browse Search Previous R, r o \iv, se E Sirnple Search A,dvancedl Search — Boolean — Proximity Search History SE_,,arC,j-j TipS Cc)rrectlorls Latest Updates User info �--AQs Incorporatiori B.\,,, Reterence Re1aitled Resources The Code of Pederal Reo,,l ' iotls --FR) �,,, annual edition is the codification of the general and permanent rules published in the FEDERAL REGISTER by the departments and agencies of the Federal Government produced by the Office of the Federal Register (OFR) and the Government Publishing Office. Download the Code of Federal ederal Regulations in, XML Download the Electronic Code of Fedleral Reguladons in 'XIAL Monthly Title and Part user viewing data for the e-CFR is available for download in C--.V 101-rnat. Parallel Table of Authorities and Rules for the Code of Federal Regulations and the United States Code Text I P D F We invite you to try out our new beta eC https://ecfr.federairegister.gov. We have made big ch; easier to use. Be sure to leave feedback using the Hell right of each page! e-CFR data fis ciurrent,', as of October 15, 202C ffie 4' - Char Pter i - Subdhapte! Part 429 Brmi\!se I - iroki�lse, !'�iext Title 40: Protection of Environment PART 429—TIMBER PRODUCTS PROCESSING POINT SOURCE C, Contents GENERAL 9.10 Apphicabillry, Z . 2 9 1 'GI e nei'al nle-finitions, §42912, r0oritorinic- reqt-drernents. 1"Reservecl'i E,/AZ29. f.20 'Jescription of barking SUID��,-,al-e,0 g :-V, §42�ffinl ios reese-ie-eor effluen,921 uelinntatipi-rakng the dgre t h e lr--i es ". r),-aCricabie coo-itrol technolopV currentiv available (BPT), §54-29.22 Efflue-rif lirnh-an'Jonz represen-dr � L - I , i 2 t', i e d" e g r e e o f e, Iff, i i .1 e n, t rl-le 11--jest, CoFiverl"Jonal pol[Li-11-ant controll technology (BC-1 ), [FResery §429.23 Effluent 11irni-Cations re,,preser"iting tlh,--' deqgreea of effliuent tihe is availalble t-chnology economially achir-,vabie, (B/J), [Rnc §,A'29.24 N-2l sou.rce performance standards § 4 2 9 . 21 5 r1retreat-ment st-andal-d's for I-xisting sources (r) S E'S) S f 1 Q, ,429.26 Pirecri -etatrnt standards for- r-,ekp,, source�, to N1, I §420,30 §4.719,,�'1 Effluent limitations repre-seriting thrl- denree of tr-te best praC-LiCal; le ccont-,rol tec-hinology currently av, itable (E,;PT" §429,32. Efflueri- linrt-.<',,-Jons rer.)resentlng the degree of the best conwent-ional p0liUtant control ted-Hrioloc, 1V B r7). 1,1R, —J, FcLEiji""Sent-i in'q the rjo-6n �nr-, -'-f, e_. !-, r-, C ` n 1, , n rr, i , rr h i n r�, nnir"m! r--n! COD 68.5 Phenols .14 Oil and Grease 1.5 pH M Metric units COD 1,100 Phenols 2.18 Oil and Grease 24.0 pH (1) l Within the range of 6.0 to 9.0 at all times. §429.82 Effluent limitations representing the degree of effiv application of the best conventional pollutant control techn( Back is i on §429.83 Effluent limitations representing the degree of effly application of the best available technology economically ac t. Back -to TOiD §429.84 New source performance standards (NSPS). Any new source subject to this subpart must achieve the foil, (NSPS): There shall be no discharge of process wastewater pollut §429.85 Pretreatment standards for existing sources (PEES). Except as provided in 40 CFR 403.7 and 403.13, any existing introduces process wastewater pollutants into a publicly owned t part 403 and meet the following pretreatment standards for exis SUBPART G [PSES Effluent Limita Pollutant or pollutant property Maximu Oil and grease Copper Chromium Arsenic In cases where POTWs find it necessary to impose mass limitatio are provided as guidance. [Grams per cubic meter of Pollutant or pollutant property M Oil and grease Copper rhrr)mii im Typical Contary, '111na andust By EHSO",,com, the site fbr fte, objective, practi'cal al ib,20,20! rV414 FARMERS I N", U RA N C. F-- 7yp'I'llical Contami"nants at �ndustrollal J'= nid GWde to Contamhants Found at Coirt Lam [Ibated h, The following table identifies several activities that may have caused contarninatior table summarizes contaminants that are related to such activities and identifies SOL however, it is not an exhaustive list of contaminants that can be found at a site. Ide may be present should be determined on a site -by -site basis. Such a determinatiol thoroughly and carefully. Information for this table was compiled from several sour( Guides to Pollution Prevention for selected industries. A list of the specific citations Agriculture Volatile organic compounds (VOC); arsenic, copper, carb, �dibromide, and methylene chloride; pesticides; insecticid, fumigants IR,atter, recycling and disposal 1Lead; cadmium: acids �Chloro-alkali manufacturing IChlorine compounds; mercury Coal gasification jPolynuclear aromatic hydrocarbons (PAH) Cosmetics manufacturing jHeavy metals,- dusts; solvents; acids r-l", rkoanirin —+;'A+i— klr)r'c —'k — and —1i" — We've made some changes to EPA.gov. if the information you are looking for is not here, you maybe able to find it on the EPA klVeb Archive or the januar", United States Environmental Protection Agency Ground Water and Drinking Water Home Basic Information Private Welts Consumer Confidence Reports Regulatory Requirements Standards and Regulations All Drinking Water Topics Safe Drinking Water Information System For Students and Teachers f ct-nonal Primary Dr Regulations The National Primary Drinking Water Regulations (NPDWR) legally enforceable primary standards and treatment techniques that apply to public water systems. Primary sta and treatment techniques protect public health by limiting levels of contaminants in drinking water. • Microo gii-1-11= • Disinii-ectants • Disinfecti�:,n EBy Lr) • ln-organic.-Chemi-cals • Organic Chemicals • Radiol"lUcUdes Printable version: Coi —n pia'Le N -1 MAIR Ta. We E1 11 S-u--rfa.--e Water, Treatila-an— Potential MCL or MCLG' I Long -Tern Contaminant TTI, (mg/L).21 i MCL (unle I (mg/L)z term) i E t t Hexachlorocyclopentadiene 0.05 0.05 i Lindane 3 0.0002 0.0002 I Methoxychlor i 0.04 i I � 0.04 I Oxarnyl (Vydate) t ` 0.2 0.2 Polychlorinated biphenyls i I 1 zero 0.0005 (PCBs) i f I � I i I COVID-19 is an emerging, rapidly evolving situation. Get the latest public health information from CDC: http-. . Jwww.coronavirus. ov. al - 9— Get the latest research from NIH: http--a://www—.nih.gQv coronavirus. Find NCBl SARS-CoV-2 literature, sequence, and clinical content: https://www.ncbi.nlm.nih.govlsars-cov-2/. D U kqed,aov Save E Review > Aquat Toxicol, 201,19 Jur,,-211'2r--216. doi: 1'nlin A - L:. 1-)U U Z, U I Z:) /', 13 f0 Pollutants released from the pulp paper industry: Aquatic toxicity and their health hazards -;jay Kunnar Singh I , Ram Chandra 2 Affiliations -111- expand PMID: 31029991 DOI: 'ICi.1016[lj,a.quatox.20'1I9.0/,1.007 The pulp paper industries release wastewater containing very complex organic and inorganic pollutants. These pollutants are discharged mainly pulping and bleaching process during pap( manufacturing. The main gaseous pollutants hydrogen sulfides, sodium sulfide, methyl mercaptan, sulfur, and chlorine dioxide is reported for chronic, respiratory disorder and irritati skin, eyes and cardiac problem along with nausea and headache. The major inorganic pollutal include ferrous, copper, zinc, nickel, and magnesium, which is reported for neurotoxicity, toxic juvenile channel catfish (Ictalurus punctatus) and Accumulation to gill > liver > ovary > musclE The detected major organic and inorganic pollutants are hexadecanoic acids, octacosane, citnc-tairni trimpthwizilvi Pthpr 1-tPtrqr1PrqnP ?-mi-.thnY\/ nhpnc)l trirh1r)m(-PtPr-hr)1 Presented below are water quality standards that are in effect for Clean Water Act purposes. EPA is posting these standards as a convenience to users and has made a reasonable effort to assure their accuracy. 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Pubk ed,gwo A d v a n ce d Save Review > AqUat 7 Acol. 2019 Jun;2111:202-216. doi, M I F Eim.Z Ppc lu. ib Uset, Pollutants released from the pulp paper industry: Aquatic toxicity and their health hazards Ajay Kur't-lar Singh 1 , Ram Chandra 2 Affiliations expand PMID: 31029991 DOI: 'iO.'10"116/j.aq,,Aatox,20�9.04.007 The pulp paper industries release wastewater containing very complex organic and inorganic pollutants. These pollutants are discharged mainly pulping and bleaching process during pap, manufacturing. The main gaseous pollutants hydrogen sulfides, sodium sulfide, methyl mercaptan, sulfur, and chlorine dioxide is reported for chronic, respiratory disorder and irritati skin, eyes and cardiac problem along with nausea and headache. 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M V1 V' 00 O`.V [� Vt ^ 'V 00 W [� N U � N _ C b O p � � v �' 'O ❑ ^ N b N O O N V T N KL CII 'O � O ^fT, �+ ? v v v d `u' a b z z a Z K coo c� z z z z z z z z z z z z z O a a a a c a w 0 z a z z z z z z z z z z z V � --------------- N o U o U N o z U o u R L--------------------- d V o U � •C U N N O o V u V i N L w _ y U M � U o OV O ~ O ^ x 0 a s s (l > o 0 0 O 0 O 0 O 0 a Pam, cn t7n z ao zz a W.--. 0 0 •-• d' d' M M •-� M .- V V' '� 7 � V' d' Vl V R w R � N a T a 0 w 0 C C6 �:) l pro E-+ T S. O L7 W O O W t w U Q U o0 � � U W) W)Cl w d o d v w � o, D\ V O N Cl H O Q N V' V M V V oC 7 l� A W N vl N � G1 R Q Uj O T `�✓ '� �J t o per. Q Q Q Q 0.l 0.l W U U U P� U U U U U z w w W W O W U N u a ------------------- -------------- w P= o w o aT U 3 a i Q U 0 0o V ,-• vi IC C N v N M V] O O NV Ita, V a, M Q\ M O, M Q� C, Q, M N O V1 OC N M OC V 00 N d' M OG V' ill N O VJ d' U "t L� N p V1 O V• N l� [� [� oG .-. l� r 00 r W w v W z N cn N 04 w O o4 z N xwm�ww ax �x O avr- a Oa' � Oa O x o O F U = a 0 oQr�UvvU „za 2~� v F N C. U f) L1 fQ Q fa q Ll Q L1 W w a z c c a Q x n E= F 0 z Q z z z C. O \O O N _ LO use 11 s��z �s�o w r,, UU .O P t t vb a a ro 0 W b ,J cn N O 00 N 0.^. l� 00 V: C U U U U a z v) N co r 0 V. O 00 T V 0 0 0 0 U'- M �/l .:.•d o�� o 0 Cl 0 (11 0 0 0 M N _ r O � O O S 0 0 t6 O O O N � t+t O N S}E i d � N V O O. a oo @o 00 0 N V I z October 7, 2011 a� OR Department of Environmental Quality a TABLE 40: Human Health Water Quality Criteria for Toxic Pollutants Effective October 17, 2011 Human Health Criteria Summary The concentration for each pollutant listed in Table 40 was derived to protect Oregonians from potential adverse health impacts associated with long-term exposure to toxic substances associated with consumption of fish, shellfish, and water. The `organism only" criteria are established to protect fish and shellfish consumption and apply to waters of the state designated for fishing. The "water + organism" criteria are established to protect the consumption of drinking water, fish, and shellfish, and apply where both fishing and domestic water supply (public and private) are designated uses. All criteria are expressed as micrograms per liter (Ng/L), unless otherwise noted. Pollutants are listed in alphabetical order. Additional information includes the Chemical Abstract Service (CAS) number, whether the criterion is based on carcinogenic effects (can cause cancer in humans), and whether there is an aquatic life criterion for the pollutant (i.e. "y"= yes, "n" = no). All the human health criteria were calculated using a fish consumption rate of 175 grams per day unless otherwise noted. A fish consumption rate of 175 grams per day is approximately equal to 23 8-ounce fish meals per month. For pollutants categorized as carcinogens, values represent a cancer risk of one additional case of cancer in one million people (i.e. 10-6), unless otherwise noted. All metals criteria are for total metal concentration, unless otherwise noted. Italicized pollutants represent non -priority pollutants. The human health criteria revisions established by OAR 340-041-0033 and shown in Table 40 do not become applicable for purposes of ORS chapter 468E or the federal Clean Water Act until approved by EPA pursuant to 40 CFR 131.21 (4/27/2000). No. Pollutant CAS No. Carcinogen Aquatic Life Criterion Human Health Criteria for the Consumption of. Water + Organism (pg/L) Organism Only (pg/L) 1 Acena hthene 83329 1 n n __95 99 _ 2 Acrolein 107028 n n 0.88 0.93 3 Acrylonitrile 107131 y n 0.018 0.025 4 Aldrin 309002 y y 0.0000050 0.0000050 5 Anthracene 120127 n n 2900 4000 6 Antimony 7440360 n n 5.1 64 7 Arsenic (inorganic)A 7440382 y n 2.1 2. 1 (freshwater) 1.0 (saltwater) The arsenic criteria are expressed as total inorganic arsenic. The 'organism only" criteria are based on a risk level of approximately of 1.1 x 10"5, and the "water + or anism" criterion is based on a risk level of 1 x 10 Q 8 Asbestos' 1 1332214 1 Y I n 7,000,000 fibers/L - The human health risks from asbestos are primarily from drinking water, therefore no "organism only' criterion was developed. The "water + organism" criterion is based on the Maximum Contaminant Level (MCL) established under the Safe Drinking Water Act. 9 Barium ° 7440393 n n 1000 Page 1 of 5 October 7, 2011 a OR Department of Environmental Quality a No. Pollutant CAS No. Carcino en Aquatic Life Criterion Human Health Criteria for the Consumption of. - Water +Organism ti/L Organism Only N /L c The human health criterion for barium is the same as originally published in the 1976 EPA Red Book which predates the 1980 methodology and did not utilize the fish ingestion BCF approach. This same criterion value was also published in the 1986 EPA Gold Book. Human health risks are primarily from drinking water, therefore no "organism only" criterion was developed. The "water + organism" criterion is based on the Maximum Contaminant Level (MCL) established under the Safe Drinking Water Act. 10 Benzene 71432 y n 0.44 1.4 11 Benzidine 92875 y n 0.000018 0.000020 12 Benz(a)anthracene 56553 Y n 0.0013 0,0018 13 Benzo(a)pyrene 50328 y n 0.0013 0.0018 14 Benzo b fluoranthene 3,4 205992 y n 0.0013 0.0018 15 Benzo k fluoranthene 207089 y n 0.0013 0.0018 16 BHC Alpha 319846 y n 0.00045 0.00049 17 BHC Beta 319857 y n 0.0016 0.0017 18 BHC Gamma Lindane 58899 n y 0.17 0.18 19 Bromoform 75252 y n 3.3 14 20 Butylbenzyl Phthalate 85687 n n 190 190 21 Carbon Tetrachloride 56235 y n 0.10 0.16 22 Chlordane 57749 Y 0.000081 0.000081 23 Chlorobenzene 108907 n n 74 160 24 Chiorodibromomethane 124481 y n 0.31 1.3 25 Chioroeth I Ether bis 2 111444 n 0.020 0.05 26 Chloroform 67663 n n 260 1100 27 Chloroisopropyl Ether bis 2 108601 n n 1200 6500 28 Chloromethyl ether, bis 542881 y n 0.000024 0.000029 29 Chloronaphthalene 2 91587 n n 150 160 30 Chlorophenox2 95578 n n 14 15 31 Chlorophenoxy Herbicide (2,4,5,- TP) o 93721 n n 10 The Chlorophenoxy Herbicide (2,4,5,-TP) criterion is the same as originally published in the 1976 EPA Red Book which predates the 1980 methodology and did not utilize the fish ingestion BCF approach_ This same criterion value was also published in the 1986 EPA Gold Book. Human health risks are primarily from drinking water, therefore no "organism only' criterion was developed. The "water + organism" criterion is based on the Maximum Contaminant Level (MCL) established under the Safe Drinking Water Act. 32 ChlorophenoxyHerbicide(2,4-Dj 94757 n n 100 E The Chlorophenoxy Herbicide (2,4-D) criterion is the same as originally published in the 1976 EPA Red Book which predates the 1980 methodology and did not utilize the fish ingestion BCF approach. This same criterion value was also published in the 1986 EPA Gold Book. Human health risks are primarily from drinking water, therefore no "organism only' criterion was developed. The "water + organism" criterion is based on the Maximum Contaminant Level (MCL) established under the Safe Drinking Water Act. 33 Chr sene 218019 n 0.0013 0.0018 34 Copper' 7440508 n 1300 -- F Human health risks from copper are primarily from drinking water, therefore no "organism only" criterion was developed. The "water+ organism" criterion is based on the Maximum Contaminant Level MCL established under the Safe Drinking Water Act. 35 Cyanide c 57125 1 n I Y I130 130 c The cyanide criterion is expressed as total cyanide (CN)/L. 36 1 DDD 4,4' 72548 y n 0.000031 0.000031 37 1 DDE 4,4' 72559 Y n 0.000022 0.000022 Page 2 of 5 October 7, 2011 a OR Department of Environmental Quality No. Pollutant CAS No. Carcinogen Aquatic Life Criterion Human Health Criteria for the Consumption of. Water + Organism p /L Organism Only p /L 38 DDT 4,4' 50293 y y 0.000022 0.000022 39 Dibenz a,h anthracene 53703 y n 0.0013 0.0018 40 Dichlorobenzene m 1,3 541731 n n 80 96 41 Dichlorobenzene o 1,2 95501 n n 110 130 42 Dichlorobenzene p 1,4 106467 n n 16 19 43 Dichlorobenzidine 3,3' 91941 y n 0.0027 0.0028 44 Dichlorobromomethane 75274 y n 0.42 1.7 45 Dichloroethane 1,2 107062 y n 0.35 3.7 46 Dichloroeth lene 1,1 75354 n n 230 710 47 Dichloroeth lenetrans1,2 156605 n n 120 1000 48 Dichlorophenol2,4 120832 n n 23 29 49 Dichloropropane 1,2 78875 n 0.38 1.5 50 Dichloro ro ene 1,3 542756 y n 0.30 2.1 51 Dieldrin 60571 y y 0.0000053 0.0000054 52 Diethyl Phthalate 84662 n n 3800 4400 53 Di ethyl Phthalate 131113 n n 84000 110000 54 Dimethylphenol2,4 105679 n n 76 85 55 Di-n-but I Phthalate 84742 n n 400 450 56 Dinitro henol2,4 51285 n n 62 530 57 Dinitro henols 25550587 n n 62 530 58 Dinitrotoluene 2,4 121142 y n 0.084 0.34 59 Dioxin 2,3,7,8-TCDD 1746016 n 0.00000000051 0.00000000051 60 Diphen (hydrazine 1,2 122667 n 0.014 0.020 61 Endosulfan Alpha 959988 n y 8.5 8.9 62 Endosulfan Beta 33213659 n 8.5 8.9 63 Sulfate 1031078 n n 8.5 8.9 64 _Endosulfan Endrin 72208 n 0.024 0.024 65 Endrin Aldehyde 7421934 n n 0.030 0.030 66 Eth (benzene 100414 n n 160 210 67 Eth (hex I Phthalate bis 2 117817 y n 0.20 0.22 68 Fluoranthene 206440 n n 14 14 69 Fluorene 86737 n n 390 530 70 Heptachlor 76448 y y 0.0000079 0.0000079 71 Heptachlor Epoxide 1024573 Y y 0.0000039 0.0000039 72 Hexachlorobenzene 118741 y n 0.000029 0.000029 73 Hexachlorobutadiene 87683 y n 0.36 1.8 74 Hexachlorocyclo-hexane- Technical 608731 y n 0.0014 0.0015 75 Hexachloroc clo entadiene 77474 n n 1 30 110 76 Hexachloroethane 67721 y n 0.29 0.33 77 Indeno(1,2,3-cd)p rene 193395 y n 0.0013 0.0018 78 Isophorone 78591 y n 27 96 79 Manganese" 7439965 n n -- 100 " The "fish consumption only' criterion for manganese applies only to saltwater and is for total manganese. This EPA recommended criterion predates the 1980 human health methodology and does not utilize the fish ingestion BCF calculation Page 3 of 5 October 7, 2011 MI ha,a, OR Department of Environmental Quality a No. Pollutant CAS No. Carcinogen Aquatic Life Criterion Human Health Criteria for the Consumption of: Water + Organism N /L Organism Only lilL) method or a fish consumption rate. 80 Methox chlor' 72435 nI y 100 The human health criterion for methoxychlor is the same as originally published in the 1976 EPA Red Book which predates the 1980 methodology and did not utilize the fish ingestion BCF approach. This same criterion value was also published in the1986 EPA Gold Book. Human health risks are primarily from drinking water, therefore no `organism only' criterion was developed. The "water+ organism" criterion is based on the Maximum Contaminant Level (MCL) established under the Safe Drinking Water Act. 81 Methyl Bromide 74839 n n 37 150 82 Methyl-4,6-dinitrophenol2 534521 n n 9.2 28 83 Methylene Chloride 75092 y n 4.3 59 84 Meth Imercu m lk '' 22967926 n n -- 0.040 mg/kg ''This value is expressed as the fish tissue concentration of methylmercury. Contaminated fish and shellfish is the primary human route of exposure to meth Imercu 85 Nickel 7440020 n n 140 170 86 Nitrates" 14797558 n n 1 10000 1 -- KThe human health criterion for nitrates is the same as originally published in the 1976 EPA Red Book which predates the 1980 methodology and did not utilize the fish ingestion BCF approach. This same criterion value was also published in the 1986 EPA Gold Book. Human health risks are primarily from drinking water, therefore no 'organism only" criterion was developed. The "water + organism" criterion is based on the Maximum Contaminant Level (MCL) established under the Safe Drinking Water Act. 87 Nitrobenzene 98953 n n 14 69 88 Nitrosamines 35576911 y n 0.00079 0.046 89 Nitrosodibut lamine, N 924163 y n 0.0050 0.022 90 Nitrosodiethylamine, N 55185 y n 0.00079 0.046 91 Nitrosodimethylamine, N 62759 y n 0.00068 0.30 92 Nitrosodi-n-prop lamine, N 621647 y n 0.0046 0.051 93 Nitrosodiphenylamine, N 86306 y n 0.55 0.60 94 Nitrosopyrrolidine, N 930552 y n 0.016 3.4 95 Pentachlorobenzene 608935 n n 0.15 0.15 96 Pentachloro henol 87865 y y 0.15 0.30 97 Phenol 108952 n n 9400 86000 98 Polychlorinated Biphenyls (PCBs) � NA I y I Y 0.0000064 0.0000064 r Lh!s criterion applies to total PCBs (e.g. determined as Aroc!ors or congeners) 99 Pyrene 129000 n n 290 400 100 Selenium 7782492 n n 120 420 101 Tetrachlorobenzene, 1,2,4,5- 95943 n n 0.11 0.11 102 Tetrachloroethane 1,1,2,2 79345 y n 0.12 0.40 103 Tetrachloroeth lene 127184 y n 0.24 0.33 104 Thallium 7440280 n n 0.043 0.047 105 Toluene 108883 n n 720 1500 106 Toxaphene 8001352 y Y 0.000028 0.000028 107 Trichlorobenzene 1,2,4 120821 n n 6.4 7.0 108 Trichloroethane 1,1,2 79005 y y 0.44 1.6 109 Trichloroethylene 79016 y n 1.4 3.0 110 Trichlorophenol2,4,6 88062 y n 0.23 0.24 Page 4 of 5 October 7, 2011 OR Department of Environmental Quality No. Pollutant CAS No. Carcinogen Aquatic Life Criterion Human Health Criteria for the Consumption of, Water + Organism N /L Organism Only p !L 111 Trichlorophenol, 2, 4, 5- 95954 n n 330 360 112 Vinyl Chloride 75014 n 0.023 0.24 113 Zinc 7440666 n n 2100 2600 Page 5 of 5 AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of December 2, 2020 DATE: November 25, 2020 FROM: David Doyle, Legal, 541-388-6625 TITLE OF AGENDA ITEM: Public Hearing: Housekeeping Amendments to Deschutes County Code ° { Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutg5.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of December 2, 2020 DATE: November 24, 2020 FROM: Dave Doyle Legal 388-6625 TITLE OF AGENDA ITEM: Public Hearing on housekeeping amendments to DCC and removing Title 3, Personnel Rules from DCC. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: In early 2021, the Deschutes County Code (DCC) will migrate to the Municode cloud platform. Staff recommends making the proposed housekeeping amendments prior to the migration. FISCAL IMPLICATIONS: None relative to the housekeeping amendments. Annual costs for Municode (approximately $6000) will be offset by time and resource increases at the IT Department RECOMMENDATION & ACTION REQUESTED: Board conduct public hearing; receive public input; approve amendments and removal of Title 3; direct Ordinances. ATTENDANCE: Legal, Admin DISTRIBUTION OF DOCUMENTS: Legal 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 Code,, The. code shall include all existing and subsequent - amendments. tes of the code will beprepared and published_in the appropi�i4te format(§) as required, \\ \ :a-=--- - (Ord. 2020-005 §1 2026; Ord. 95-026 §1, 1995; Ord. 87-014 §1, 1981) 1.01.011. Deschutes County Code Review. A. It is policy of Deschutes County Board of Commissioners to provide an accurate, current code. ,: ,--"shall sibl pw• thee Deschutes C ri F B. To implement ties poucy,�.viu'ity __be responsible r all _.ts to _ _ _ r.z ._o^n -- - --- - - - --- - - -- - and Style Manual. C. bounty Le a 's responsibilities shall include Deschutes County employee_education and trai*g_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. Deleted: Book Deleted: An annual —j Deleted: u Deleted: book Deleted: in January of each year Deleted- he J Deleted: Administrator Deleted: The C Deleted: Administrator A. All codes will be in one automated format 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. , - Deleted: Counsel C. Upon approval by County Legal anagenda request is s_u_bm_ itte_d_t- t_he Board of_C_ou_nty Co_mm_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 and published at the designated site , - Deleted: Counsel_ _ (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) - -- -- Deleted: 10 Deleted: 07 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, chaptets, sections and subsections. of the Deschutes County Code, and such reference shall apply to that ni-imbered title, chapter, section Gr subsection as it appeals in the code. j (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 here;.—., the reference shah 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 nnrir•(Nrlina_nrac Xli_nSt X(_nfin kf._n(.2 ftf._rIF.F. R(._nA.R Rf,_nf.Q ftA_n?t Rf-n'77 f1�_n'72 A.<_n'7c 4�m� 86-077, 87-001, 87-003, 87-004, 87-005, 87-006 and 87-007. V v V V v V v V V V v V (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, nr 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, 1 Delete 1®eleted: 09 Chapter 1.01 2 �20 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: i. 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. CountyLegal shall 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. 'thee .1.include .7 av h coda numbering, t and cross- referencing Luc cGu.ficatior. may .rnat changes charges m ............. i7^.g systems a..,. ,,..... referencing systems and other, similar non -substantive changes. C. As part of codification process, County Legakinay 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: Counsel 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 purpose 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. 104.090. _ 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. "Animal control" means the animal control unit of the Deschutes County Sheriffs Office and its activities_ - - Deleted: Deparunent related to the control of animals 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 A sessor's Office. _ _ _ _ - D_eleted: a "Behayiorial health" the behaviorial health section of the Deschutes County Health Department. Deleted: department "Bend" means the incorporated City of Bend, in Deschutes County, Oregon. "Board" means the Board of County Commissioners 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 community known by that name located in the southeastern section of Deschutes County, Oregon. » .. . ». ». .. pe. ..o — y Deschutes County, Oregon. Child" or "children" means a person or persons under the age of i u years. "Claim" incans a dcmand :;r or an assertion of the i ight to something belonging to a person. 1 Deleted: 04 Deleted: 03 Chapter 1.04 1 "Clerk" means the elected Deschutes County Clerk and the CQerk's Office_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _c - - Deleted: e "Commission" means the Board of County Commissioners of Deschutes County, Oregon. Deleted: department "Commissioner" means one of the elected members of the Board of County Conan issioners of Deschutes County, Oregon. "Community development" means the department of Deschutes County consisting of the planning, building safety. code enforcement and environmental health divisions. "Complaint" means a grievance expressed by a person, orally or in writing. "Confidential" means not subject to public disclosure. "Contract" means attiagreement (typically written) between two or morepersons t_operfonn certain acts for _ - - Deletd: Writt een consideration _ _ _ _ - _ _ ._ ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. - -"(Deleted: mpensation "Corrections" means the corrections unit of the Deschutes County Sheriffs Oficaand its activities related _ _ - - i Deleted: Department to the Deschutes County Adult Jail and its inmates. "County" means Deschutes County, Oregon. "Count gal" means the county department headed b the appointed Legal Counsel and which provides legal advice to the Commissioners, coin officers and employees, and county depamnents, including the District Attorney's Office in conformance with ORS 30.285(7) and all county service districts. "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 Tenebone _ _ _ _ -- - - Deleted: send m D-O. es County, Oregon "Data processing" means the unit of the Deschutes County Administrative Services Department providing data processing service for Deschutes County. "Day" means a calenuar 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 attorney" means the elected Deschutes County District - - - — _and the D--- - - Attorneys Office \ - Deleted: a "Elections" means the division of the Deschutes County Clerk's Office responsible for- leted: d r administering _ _ _ _ De elections within Deschutes County. Deleted a "Elector" means a person registered to vote in Deschutes County. Deleted: department Deleted: Department -_ "Employee" means a person employed for compensation. "Federal" means relating to the government and laws of the United States. "Following" means the next after. Chapter 1.04 Deleted: 04 � Deleted:03 __ "Foreclosure" means a legal procedure by which a person's interest in real property is extinguished for failure to perform an obligation. "Fo teiture" ineans a legal procedure by which a persons property is confiscated. "Hampton" means the community 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 unit of the Deschutes County Administrative Services Department responsible for administering the county'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,m Deschutes County, Oregon. - - - - ------ -------- - - - - -- - - Deleted: na me- known by that nae "Law" means applicable provisions of the United States and Oregon Constitutions, the United States Code, (Deleted: south of 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, Countyofficers and employees, and county departments including the District Attorney's Office in conformance with ORS 30 285(7) and all county service districts,-- _f Deleted: the beard and county officers and employees, and the legal counsel's department. "Legal documents" means all documents presented for Board review and/or approval. — — --- - --- --- "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." I eiVleeting 111ra13s Ule GGllyerllllg Of Ule OUQIYI Ol l'UUllty l,OInIi11SSIORCI'S Ol DCSCRUteS I.OUrlty, 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 1 Department of Human Services of Deschutes County.¶ "Millican" means the community known by that name located southeast of Bend in Deschutes County,Deleted: 04 j Qe On. rg -- ...------ -------- 1 -_D t d.11 ^— -_--� 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 Q_'fice._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - 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 divisio within the Deschutes County Community Development ------- - - Deleted: ^pe sonnet"means the unit of the Deschutes County 1 ---- Department. Administrative Services Department responsible for administering J the county's personnel matters.¶ "Planning Commission" means the Deschutes County Planning Commission. Deleted: apartment "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„stuvev and engineering 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. Chapter 1.04 Deleted: Oa Deleted: 03 1420ZWJ' "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 assur—Ienvironniental 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 _ - Deleted: Department T "Shall" means mandatory and is the opposite of "may." "Sheriff' means the elected Sheriff of Deschutes County and-the_;5,h riffs OfCi , - - Deleted: s "Sidewalk" means that portion of a street or road between the curbline and the adjacent property line Deieted: s intended for the use of pedestrians. Deleted: aepamn ra "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 community 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, 111:e115-e Vl' Sll[Illitr all Qnge/llellt. t t s,.vtttstV at WL uN.J ..Vu "Te ebontne" means the corn —mum "y known by that .name located north of °�'�nc .r� Desch• _ s County, CaCtLw: Bvnd Oregon. "TrPasurc r" means the elected treasurer of Deschutes (Q1mty and thereasllrer'S Office gelet• t _ - - _ - _ - - - - - - "Tumalo" means the community known by that name located north of Bend in Deschutes County, Oregon. Deleted: de amnent "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. " V'eteran3 SGA ViCe3" 1-Ile ar13 the DeN-ChuteJ' I.VUllty lSGtlAI6111GI1t Wlld4i11 lJrUVlUG3 Jel VAI:GJ tV VGIGt'Q11S IGJ1Uln�' ....L LQII. ! in m Dcawlcs �viirliy". — filet 4040 J i "Violation" means a violation of a Deschutes County ordinance punishable by a fine. 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. "Watermaster" 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 erson s appointed pursuant to intergovernmental agreement 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 S 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 from 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 § 1, 1995; Ord. 86-049 §8, 1986) Deleted: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 from 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, ,he 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 essentiaiiv and insenarabiy connected with and dependent unnn 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 accordance with the Board's intent. (Ord. 95-026 61, 1995; Ord. 86-049 § 10, 1986) Deleted ..� Deleted: 03 . Chapter 1.04 7 (121202� 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 cownty. 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; Deleted: 08 C. Building Official; , D. Assistant Building Official; Deleted: 14 Chapter 1.08 E. Forester; F. Sanitarian/Environmental Health Specialist; G. Community Development Director; H. Planning Manager/Planning Director/Planner; 1. Legal Counsel; and I 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 l 1 Deieted: 14 J Chapter 1.08 2 (20� it //' 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 Cho. 25 konly if: , - Deleted:.zas 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 forth in DCC 1.12 relating to the preparation of the ballot title and to the explanatory statement for the measure, have been completed on or before the 7Qa' day before the eg gg* election or, _ - Deteted: s the 681 day before a_ ecial election held on the date of any nmaty election at which the measure is to - _ _ Commented [NB> ]: oxs zs t.zsstsl and me same as in be submitted to the electors. < , 1.1 z.060. 0 case of .nea nrr proposed by initiative nr rr erendupetition:. C. h. u"... ........... a ,,,r�s..... p..,,, .,, a...., .,...,f _�___ 'n � n ted: -t---_: the 1. All chief petitioners indicate their decision to include the measure, its ballot title, explanatory t 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 !pard, the Board indicates its decision to include 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 8516 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 801 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. 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 attorney who shall, within five days after receiving it, prepare a ballot title and explanatory statement for the measure and D 1 e eYe : , o 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. hi 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 affirmative vote on the measure; 3. A concise and impartial statement of not more than 17�,words-summarizing the measure and its_ - { Deleted: 85 ....major effect, excluding those words excluded from. the word cownt plUtsuantto.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 ....,..sue and. its eMect, 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 '75` d-r preceding the election at which the mea-stare iS to he--Lbrnitted to the electors by: 1, Any P1Prtpr eligible to vote on the measure, or any organi?ation eliD ble to file araAmente »nder _ 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 Ieast one thousand Qelectors eligible to -vote on the measure or ten percent of the total of such , - Deleted: 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 gnalified erg^,aturee of at Iemt 1,0110 anch electnra 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 _ proposed argument and which identifies the name of the person or persons who submitted the argument, Deleted: 10 the nanic of the organization the person or persons represent, if any, and whether the argument supports 1 oeieted: of rr 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 , not exceed 325 words to be printed m. _, 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' in 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 70" 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) Deleted: 10 i Deleted:01 Chapter 1.12 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. _o 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 Class 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_20.015. _ _ _ _ _ _ _ _ _ - Deleted: not G. Notwithstanding DCC 1.16.010(15), 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 viniatinn has not been mired (Ord. 2020-001 0, 2020; Ord. 2015-020, §1, 2015; Ord. 2014-003, §1, 2014; Ord. 2013-015, §1, 2013; Ord. 2008-026, § 1, 20v8; Ord. 2003-021 §3, 2vv3; Ord. 2002-016 §9, 2002; 886-076 §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. n it = :o defence to rose-uA _ _d_ _. ... .. »__ .. _ . r. ».... . y gr ..... . �.. ». �. u.� p ...... 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 art Deletes: s 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. (0rd.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 , - Deleted: 45-d 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 §1, 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 term 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 commission 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 Deleted: 16 Chapter 1.16 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 from 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) LIC045, 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 to,Count_y Legal,_ _ _ _ _ _ _ _ _ _ _ _ _ - _ - _ _ _ _ < - _ Deleted: Deschutes 3. County Legal ,hall investigate the alleged violation_ of a_c_ou_nty ordinance and, after consultation___ Deleted: Counsel (legal counsel) with the appropriate department 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. 4. County Legal shall notify the private citizen of said action within ten days from the date the _ _ Deleted: counsel violation complaint is presented to legal counsel. 5. The private citizen, following notice by County Legal of County Lega1's decision not to prosecute, - Deleted: legal counsel 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. I R A d-i&inn by Cn„nt, r a I —t to rn „ta —Am nlatin chatt not be deemed to a nolote.1• leg -a! ^ .:nse'. �I constitute a land use decision. (Ord. 2020-00 i § 1, 2020; Ord. 2002-016 §9, 2002; 97-058 § 1, i997) 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 reneal of Ordinances 92-019.. and R6-027 by the ordinance cndified in DCC' 1 16 010 thm wh - - - - - --- - ---a 1. i6.060 shall not extinguish any penalty, forfeiture or judgment imposed or liability incurred under Deleted: 3 Ordinance $2-0i2, as amended by Ordinance $6-027• � Deleted: 15 J Chapter 1.16 3 7 20� 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 Countty_Administrator is - - Deleted: T authorized to designate individuals, in addition to peace officers, who are employees or agents of the_ - _ Deleted: shau 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 sheriff's 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 sworn 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 Sheriffs 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, §l, 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: 16 Chapter 1.16 Chapter 1.17 CODE ENFORCEMENT HEARINGS PROCEDURES 1.17.010. Applicability, excep±io. 1.17.020. Definitions. 1.17.030. Hearings officers. 1.17.040. Instituting civil penalty proceedings. 1.17.0550. Notice of violation and proposed civil penalty. _.1.17.0511. 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 enf;rce provisions r_,f the Fire C_.ode pursuant to this chapter shall be commenced in the name of the County. Formatted: Font: 10 fit Formatted: Font: 10 nt beleted: os Formatted: Font: 10 pt Chapter 1.17 (12J2020) Person means any individual, partnership, corporation, or association. ,(Ord. 2020-005 §1, 202W_ ...._ _ _ ......._ . _ .. - Deleted o1. m 2.0187 oo1. h yl„2 01876 , ,zol6 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 enforccment 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_§I 2020;Ord2011-023 §2,2011) Deleted ova 2018zols�o�a zol6- , �016 _7 _.._ 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: 1. 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 statement in lieu of appearing in person: i. the full amount of the proposed civil penalty will be assessed; Chapter 1.17 Formatted: Font: 10 pt Formatted: Font: 10 pt Deleted: o5 Formatted Font: 10 pt 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, gamishments, 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 riot -ice S1iGiiid be Set aside Sliaii advise 'die hearings Gffi%c1 of the clauned error or o nission 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 Droceedinas and live the violator an opportunity to appear and defend. B. "The violator may be served with the original notice or a copy thereof. I Coniee need not b€ certified true_. coniea, 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 10 at which may delay or hinder actual delivery of mail to the addressee; - - - Formatted: Font: 10 at e Deleted: 05 i Formatted: Font: 10 at er 1.17 {1212020) 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 by e-mail. If by email delivery will not be deemed complete until - Deleted: but not E. county staff provides a Mly confirmation email. Requests to reschedule the hearing must be received and confirmed by Deschutes County at least 7 business days prior to the hearing date. Deleted: , 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 jA days or more prior to the hearing, the , - {Deleted: 9 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: os _ I 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 i 1 2020;Ord 2011-023 §2, 2011) - Deleted Ora 201870012 3i 2ois7om 2016-_§ 2016; 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 charter 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 maybe delivered via facsimile transmission, or, by email. If bv email, deliver i Deleted: but not will not,_bedeemed complete until_ county,staffprgvides_a r�ly_contmnation email, F. Except as provided in subsection (K) of this section, all testimony must be given under oath. Ci- He aringc on notices involving the came Hereon or persnns, ihP came narr_.Pi of nrnneriv nr - - - common issues of fact or law may be consolidated and heard in a single proceeding; 1. 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 art- 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. 1 Althoujzh 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 of enforceinent official for -violations of other than the Fire Code, by legal counsel or assistant deleted: os Formatted: Font: 10 �pt Chap-er 1 . 1.7 (i' j7020) 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. M. 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 Qrcuit Court within 60 days of the date of the decision. , _ Deleted: P. Orders imposing a civil penalty and orders to correct a violation take effect upon personal 47Ueleted C J delivery to the violator or upon mailing, whichever occurs first. ---- ---- _- _._-----.....----- (Ord. 2020-005 & 1, 2020.Ord 2011-023 §2, 201 1) '(Deleted: Ord. 20187-0012 § 1, 201870rd. 2016-_-§ , 2016; 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 lesser civil penalty is required to avert an injustice. Chapter 1.17 __- --- -- -- - -- .- -- ------- ..... Formatted: Font: 10 pt Formatted. Font: 10 pt Deleted: os ' ......_....... Formatted: Font: 10 pt 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 snail 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. t'inai 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 of q Deleted: os Formatted: Font: SO pt Chapter 1.17 (12/2020) r 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 term of such suspension, cause the County Administrator to be paid any oeietea: i Deleted:07 Chapter 2.05 1 (20J 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 Mminis Liator 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 supervisou 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 a...,..:ons r _ .r.,. ,.a...:..:,.,... ,...a -V r_.._.... ..rr :_.. ,._a :r 1UIlVUV1IJ nGVGJJaly LVt k- a111111111Juauvill allll tllarlagelllellt 01 L vul y alla11J MG, 11 delegated, the affairs of County service districts. Such authority includes, but is not limited to, the following: I. 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 ail heads of departments, except effected County officials and County Legal Counsel, in accordance with federal and state laws and guidelines, applicable contracts and policies adopted by the Board; supervise and discipline all heads of departments, except Deleted; I elected County officials and County Legal Counsel, in accordance with federal and state pelate: ; c, Chapter2.05 2 (L4202(�J: 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) Chapter 2.05 Deleted: I Deleted: 07 una.,% 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 279C. shall be the rules_of the _local- contract- review board -Procedures for personal_ - Deleted: ORS279.049 services contracts required by ORS 279A.05_5_ e set forth in DCC 4.06_ - _ - _ _ _ - -- - - - - - _ _ - _ - - _ - _ -Deleted. I 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 from competitive bids or proposals set forth in overative sections of ORS Clips. 279A, 279B and 279C contracts may be awarded as follows: - - - �elet:ed: 279.015(t)(a)-(h) and 279.015(2) 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. I2. Contrasts $10,000 or over, but tinder $1 S0 0000 where. coTllp etitive written lintP$ were. phtained, , . -i I t c d: 75 %Contracts under $1(�000 need not be awarded competitively. - e+eter 3 s $5 000 or over, but under $10 000 - - - -- - - -- - - --�" Contracts , tra B Where. c t c awarded tinder 736.0409t o department he elected official awarding the a contra t a and ,d DCC .h� �r- _-- t _ _ad or ,,t__ official _ -.- --. -s_ ng --- i where competitive wllucll yUUics wac UbialilLCi Ui VdtelL 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 I the reason why it was not feasible or required to obtain quotes. circumstances.¶ _J C. Except for emergency contracts, the aggregate of all contracts awarded by the County under DCC 1'cDeleted:4 2.36.040 A where it was not feasible to obtain competitive uotes,_shall not exceed $75,000to an v ---` — " ( )( ------- ----- -- - - - -—- q---------------- a�eieted:5 one contractor in any one fiscal ey ar; and under DCC 2.36.040(A)(3)„Shall not exceed $A000_to anv — — -- one contractor in any one fiscal year. - Oeteaed: 3 D. When competitive quotes are obtained. award of contract shall be to the lowest responsible ouote in 'eieteda conformance with the specifications. ADeleted: to any one contractor E. An oral quote received by telephone shall be considered a written quote when it is recorded in the r-a_ p records of the County. '`l`z`�'' " (Ord. 2020-005 § 1, 2020; Ord. 2000-012 § 1, 2000; Ord. 99-•035 § 1, 1999; Ord. 98-092 §1, 1998) �;gjg� W — ---- lleietell: 07 Chapter 2.36 I (12l20203 2.36.050. Delegation. A. Excepting the department head of the Health Department who shall have contract authority to $50,000, _ etch Countyemployee and elected official designated 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 $1n00Ofor any single contract .____________________________________-- Deleted'.75 (Ord. 2020-005 S 1, 2020; Ord. 2007-002 § 1 2007; Ord. 2000-012 § 1, 2000; Ord. 98-092 § 1, 1998) lleleted: 01 r' D'Wed:07 _ -- Chapter 2.36 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 f r Certain Personal Send- es 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. lord 711r1R_0?1 x1 '7r111R• (lrrl '711n5_f1111 R1 '7111151 2.37.030. Public Contract Review hoard. Except as expressly delegated under this chapter or by Board Resolution, the Board of County COnliiliSSiOncTa, "uoard," acting ui its capacity as `u`ic governing body of the County or of each and every County service 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 §l, 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 --- — d ' 15 S__t , , . � Deleted: 14 price does not exeeeu a��v,0"v0. auu�eCt to the provisions of this chapter, the Purchasing Agent inay � Deleted: l4 Chapter2.37 1 {1�20 _%' 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 service 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 services 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. hi 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 famished 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 attorney 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 terms 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 contract 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 term "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 contacts 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. Deleted: OS Meted: 14 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. I "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. "hnvitation 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 oualifications or letter of interest to the County with respect to a proposed nrnject, 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 contracis. 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 recommendation 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 V. "Surplus property" means personal property owned by the County, which is no longer needed for use by the departrment to which such nronerty has been assiened. (Ord. 200g-023, § 1, 2008; Ord. 2005-010) 1, 2005) Deleted: o8 ) Deleted: to Chapter 2.37 3 U20M_;' 237.060. Signature Authority. A. Excepting the department head of the Health Department who shall have contract authority to $50,000, eepch County Department Head and each elected County official designated as a department head (unless_ , - Deleted: s 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 § L 2020; Ord. 2014-024 § 1, 2014; Ord. 2008-023, § 1, 2008; Ord. 2005-010 § 1, 2005) 237.065 Competitive Sealed Proposals - repealed by Ord. 2014-024. 2.37.070. Class Special Procurements. A. The County may award a public contract under 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 from the contractor that is Deleted: os competitive and reasonable; Deleted: 14 -- 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 hidustries' 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 Enviromnentai_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 from 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 riescrintion ofthe nirnumstances that rennire it anrt a nnnv 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 permit 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 from all change orders does not exceed twenty-five (25%) of the initial cont-fact; and e. The change order does not modify the contract's terms 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 snreh, ran n vide m,hetihjte n,�rinrmance rn.rsoant to the nrininal contract ...._..»........ u.,. contractor's .,»..,.� .,.... rr0. ..... ...........».., r.,._,,....,,. ce Y»..,»....,..., ...,, .,..b...»....,.....,..,. 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 purposes, 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 or the l"air all. Expo l_cntVl. A C0rCCJJlnft AS.IeG111Gl1t dnGJ lint Ill�ilude ail aSleelllGllt, which represents a rental, lease, license, permit or other arrangement for the use of public property. The Fair and F nn C inter 17irPrtnr may award rnno.f—inn aareemerta in rnnnertinn with the anrnai fair by Inv method deemed annrnby the "rertnrincliwithnnt limitation by direct annnintmrt nrivate.ne ,n negotiation, from a qualified pool, or using a competitive process. rDeleted., 08 � Deleted:l4 Chanter2.37 5 (121202(b ;' 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, from 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 adjustment 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 c. 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; Or& 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 Chapter 2.37 6 (202�11 Deleted: OS Deleted: 14 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. Contracts for the construction of public improvements using a design/build or construction manager/general contractor 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 279B.060, pursuant to ORS 279B.065, 279B.070, 279B.075, 279B.080, or 279B.085 and the Model Rules for the following classes of cases: 1. I ne Purchasing Agent determine__- that an emergency condition exist- which requires nrmmnt exe_ent_inn of a contract. The determination shall be made prior to execution of a contractandpart of the acquisition record. Exemption Linder this paragraph shall include exemption from bid security and payment and performance bond requirements. An amendment to any contract entered into pursuant to this paragraph shall be approved in accordance with required procurement procedures. 2. Contracts 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 ..rdl :hF n::�: Ann nh:a -�f I...- »..»,...g...,....,,,»»,...,,.»,..,.,».... ».......,. »....., �.,� .....,..., lly ............ ..0 .w yr propa� . ro.,.,.v shall document in its records the quotes and proposals received, and if fewer than three, the effort that was made to obtain quotes or oronosals. A quote or nronosal received by telephone shall be considered a written auote 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. -. if a contract is awarded under this section, the County shall award the contract to the offerur whose Deleted: 08 note or proposal will best serve the Count's uu`crests, 'taking- uito account Lice as wc11 as, q p__�_-- y - g price, t4 Chapter2.37 7 (12/202N considerations including, but not limited to experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.I 10. 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 procumments 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. Chapter 2.37 Deleted: 08 Deleted: 14 G4X4 ' 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 first 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 fast 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 or analogous provisions of federal law. _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Deleted: a d ORS 475A (,Ord. 2020-005 § 1, 2020; Ord. 2008-023, § 1, 2008, Ord. 2005-010 § 1, 2005) RA31 .1111 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. R 1 iniess a timeiv nrotect is received and after issninsr nntice in accnrdance with snhseatinn 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 contactor has executed the contractand 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. The �-tt„a .n not work under fie contract until the contract s F..:ly , -A ,.-A ; tl . E. ...,. contractor ............. eel:...,..........,. .., ,.,,....»,. .......,, ., .... v..., ..., e..,,.,....,..............,, of public works contracts the county has issued and delivered a Notice to Proceed. F. For nurchases of goods the coumv may indicate in the solicitation that the selected contractor will he issued a purchase order. which refers to 2.37.150 for required contract terms. (Ord. 2008-023, §1, 2008) Deleted: 08 � Deleted:l4 Chapter2.37 9 (1242QQ) ' 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 Deleted: os Chapter 2.37 Deleted: 14 W�Na f 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 party 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 eormctor's receipt of notice of the County's decision which is thesubject of the protest rf theseventh 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 279B.400 to 279B 425) and the Model Public Contracting Rules (OAR 137-047-0700 to 137-047-08001. 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 parte 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: 1. 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 n the conduct of their carious of h-hs shall be admissihle rke 12card shall .. off ..t r.. the ntles of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Any patl 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. y Lt,—y auau uavc me uguL w 6-1-L wvutta, cv,ucucc. 4. The Board may take notice of judicially cognizable facts. Parties shall be notified at any time during the nrnceedino hot in env Pvent nrin.r tc, the 41ml denicion of material oft',cialh, noticed and that, shall he afforded an nnnnrhlnity t_n r_.nntxt the facto sn nnticed 5. Cross-examination of witnesses is not allowed, however, questions may be tendered to the chair who may then direct ail or some of such questions to a witness. Deleted: 08 1 Deleted: 14 Chanter 2.37 l l r/20 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. The Board shall issue a written, proposed final order, including findings of fact and conclusions of law, and famish 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 permit 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 anyone week when the workweek is four consecutive days, Monday through Friday, and Chapter 2.37 12 Deleted: os Deleted: 14 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 commencement 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 Denartneni or Homeland S !!rity \YAte.! 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 Prnta,tin- tl.q iltc uu tn: i P,• _Pr in : Cn:-rn:icei.zrc —A r�2o�.r:r..V ...........0...�...................»..............................w....... - ..a.... , ...........�wv...r. 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 -- t .c County and the CvritraCtt"tr Si,aii have all the rights and Obiigativn5 Spc"1'.ified it, ORS 2 79C.525 to Ji Deleted: 08 _ ) handle the situation. Deleted: 14 Chapter 2.37 13 (1212Qq) d' 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. hi either case, for public improvement contracts, if the work is suspended but the contract not terminated, the contractor is entitled to a reasonable time extension, costs, and overhead per ORS 297C.655. Unless otherwise stated in the contract, if the contract is terminated, the contractor shall be paid per ORS 279C.660 for a public improvement contract. 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 permit 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, contractor 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. Contractor prepared its bid or proposal related to this Agreement independently from all other bidders or proposers, and without collusion, fraud 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 contract or any payments due under the contract without the proposed assignee being first approved and accepted in writing by the County. 16. Contractor agrees to make 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 Contractor Board registration or Landscape Contractor Board license, if applicable), necessary to perform the contract and fiirther 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 from the contract 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 contract, but which does not originate therefrom shall be transferred to the County with a nonexclusive, royalty -free, irrevocable license to publish, translate, reproduce, deliver, perform, Deleted: os dispose of, and to authorize others to do so; provided that such license shall be limited to the extent Deleted: to 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 furnished 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 %" by I P 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 roars 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 fors 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 linuting 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) u` ie health uiSuranCe i'oiiabiiiiy' and Ai,BGuriwbiiiiy' nCL Gf r99`v, f) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Ant of 1975 ns nmP rlPrt- ol the Vietnam F.ra Veterans' Renrlin.ctmPnt Asciatnnv. Ant of 1974 as amenrlerl- h} ORS Chapter 659A, as amended; i ail regulations and administrative rules established pursuant to the foregoing laws; and - - - ) g p g g ,( Deleted: os Deleted: 14 Chanter2.37 Is 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 comply 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 hndemnified 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. 2010-033, §1, 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 s ctiom 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 terms, 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 prequalifrcation requirements, the county representative's naive 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 terns, 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 document. Deleted: OS Deleted: 14 U20" , 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 receivedand the ;dantity of each bidder. hall 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 grind rause� any nr all prnpnsals --on 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: to Chaoter 2.37 17 (12l2Q29,;' 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 Seiection. 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 perform 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 (1220W�" 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 hoard_ _ - _ - - - - , - rseleted: 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 S_ections_0100 through 03� (OAR_137-040100 to - -- -- \ , - 3eiefecd: 35 137-04 -032 _ _ _ (Ord. 2020-005 J 1, 2020; Ord. 96-065 § 1, 1996) ------ --- \ i9elefied_ 35 4.06.055. Definition -Performance History. — i5e? "Performance history" means the demonstrated quality, completeness, professionalism, reliability or other 3e ete 9: 80 __,__.__t � _tors of - contractor's performance -- ' -' ' li rcccvwu ia�wr� vc a wuuauuc � ycnunuanec oil past projects oared oil ute 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 prof,_asinnad. iiidginent on d experti.sc and for which srdac.tion of the contractor is mrrF ar rrrr riatF?:i hasa i on the contractor's qualifications, including but not limited to, experience, training, knowledge and expertise, technical skill, creativity, artistic ability. Derfortnanee history_ and demonstrated ability to exercise sound professional _iud_ement,_ rather than the price of service. (Ord. 96-065 131, 1996) De�� to � Dedetcd. of Chapter 4.06 2 (121202CU,"� 4.06.065. Definition -Professional Service Contract. "Professional service contract" means a personal service contact 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 oI board, is significant, and winch is reassonabiy expected to result front the award of uie 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 contractors. (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 contract 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 Deleted: to B. The price of the contract will be, at most, a secondary criterion in the selection process; and Chapter 4.06 � Deleted:01 (00W " 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 from competitive bidding pursuant to applicable provisions of ORS_ 279A,- ORS 279B and/or_ ORS 279(:. and DCC_ Delett d - 015(2) - - 4.04.080 orpCC 4.04.090, and one of the screening and selection methods described_in DCC_4.06_ _ _ a9 , f,279.0115(3)a.d - -- - - -- 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 performing 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-commercial 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, photographers, 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 tvpe that ran generally he. dnne by any nnrn etent worker inchidinghart not limit__ 1 to data entry, janitorial services, landscape maintenance, window cleaning, or guard security. C , Contracts for trade -related projects considered to he labor and materials contracts, D. Contracts for services -in a trade -related_ project, to accomplish routine, continuingandnecessary 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) 4.06.149. Screening and Selection of Personal Service Contracts. Except as otherwise provided in DCC 4.06, tire screening and selection of persons or firms to provide personal service contracts shall be performed according to the applicable Model Rules contained at OAR ---.,'r"--------'y`----�------------------------ - ---(��leta:�:-35-"vG`vto137-35-080 llj Where the informal selection procedure is required, a department may issue a request for qualifications to ! :eted_ to rank consultants for purposes of contract negotiations. The solicitation may he cent to fewer than five ---- - _—..--- �' Deieied; 01 Chapicr 4.06 4 U22"_" 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 purposes 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 terms "architectural or engineering services" or "architectural or engineering personal service contract" are used throughout the Model Rules, the particular requirements containing these terms 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 t PT nnq 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 �' Deleted:01 Chapter 4.06 1. 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 yei;Gna. service contract pursuant to uio exemption will result tilt Su'nStililtiai 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 contract 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: w — t)eleted:Ot �/ 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 1st of eachyear,_and shall be adjusted and set as of each July_ I-st_ - - _.._ - - - - - - - - - - - - _ - - Deleted: AP;t _� (Ord 2020-005 z1, 2020; Ord. 85-005 §1, 1985) 4.12.020. Fee changes -Departmental Analysis. Prior to Mav_ Ist of each year, each department responsible -for the charging of a fee or charge for service_ Oersted - - : Aprir 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_ arge------- - - - - -- - ------ - - Deleted: County Administrator ----- adjustments, if any. (Ord 2020-005 § I, 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: will 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' of each year, all adjustments to fees and charges for _ - Deieted_May ist 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 Office, shall compile and publish a compilation of all County fees and charges for {Deleted: County Administrator services as of each July 1 st, 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: 01 Administrator, on behalf of the Board, shall declare a fee which shall be based upon the work to be Deleted: 07 Chapter 4.12 1 (i2P?-W performed and cost of providing the service. Any fee charged by the County which is established or authorized by any governmental 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 stag . any state agency or federal agency, o t:e extents c.". ees are adju ted 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 determined 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 6 1. 1991 1 Deleted: 01 i l Deleted:07 Chapter 4.12 2 (j2022 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 from 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 dishict,formed under the laws of the State of Oregon._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Deleted: municipal corporation (Ord. 2020-005 &1, 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, 2M 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 dishic 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 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. Anv difference in tax burden imposed within separate geographic boundaries within Deschutes County, Oregon shall meet the following criteria: A. DiffercrAces m services to be provided iei different erent grog-iaphic 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 § i, 1998; Ord. 94-009 § 1, 1994) Deleted: 06 %I Deleted: 03 Chanter4.32 2 l 202Q1 " 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, fireanns, appliances, hand and power tools, sporting goods, binoculars, cameras, watches, televisions, radios, recording devices, ftnmiture, 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: $50.00 for each place of business maintained by a dealer initial license fee shall not be prorated for a license purchased after January lst 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 countyfeescheduler_______________._______-_____-_______- iDeleted: of $25.00 G. 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 JDeleted: 04 ' Deleted' 03 _ umaw 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 person does rot offer for sale goods acquired solely for the purpose of resale; and person off- ling antiguc, secondhand or Junk goods iiir sale at a ilea inarket or suliiiar 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. P. P.license hall be ;.--sued only upon tthe signed I tten application of the dealer and shall contafti 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 in. 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 Revocat°o : Conditio ns. 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 finding that any person licensed tinder DCC 5A8 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 i 5.08.060. Regulation of Premises. Deleted: department A. The premises and structures of a dealer shall be kept in a sanita_ry manner. „' Deleted: o%eers __..-_. B. Sheriffs Office, personnel _ma_y go upon and inspect the premises of a dealer at all reasonable times. If d`/I/ , ( Deleted: deportment any stolen property is found, the Sheriffs Offrc may remove the property and reform it to its rightful 1 Deleted: -- --------- oWnci. .( Deleted: 03 Chapter 5.08 2 (1-42020)_ ' 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�020: 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, firearms, 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. for inspection by, Sheriffs Office Deleted: D. All records required by DCC 5.08.070 shall be open ersonne at all - 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: °face, (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. E. Whenever any dealer is notified by ,Sheriffs Office personnel to retain article purchased by_such _ - { Deleted: a dealer to enable the Sheriffs Offce.to ascertain whether the article is stolen, the dealer, upon receipt of- Deleted: department the notice, shall retain in his place of business such articles for 15 days after receipt of the notice. Deleted: officer _ ] (Ord. 2020-005 $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: oa secondhand merchandise, or other article, except rags and paper. Deleted: 03 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 Viola*ion 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 1 Deleted: 03 Chapter 5.08 4 (I 20 W ✓ 1 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, cormnercial" 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 1 W4N9W_,1" / 6.04.050. Fees. I ne Board of CouruY Commissioners shall annually determine and set al dog 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 i' §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 4 0a n40 R ee 6.04 070. logs Kept Dr.ma.°ly in Ken nets 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) 6.014.01800. v........�:............ A. Kmmel licensee shalt 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 shallbecovered 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) 1 Deleted: 06 Deleted: 03 Chapter6.04 2 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. ia___n A-9 h animal found tie n t owner or keener while the A or A. "Atlarge" means a uvg or Guaer a.,... CUn., off w.e ^yretm�e., .,f �2e i..._ dog _ 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 be at 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 imminent physical injury; B. Whose owner has been convicted or has admitted responsibility, or has in effect admitted responsibility on a charge that the dog attacked a person or domestic animal without provocation; o_ _ _ _ - Deleted: or C_ That istrained for orused inanimal fighting o>_______________________________-- Deleted:. D. As provided in ORS 609.098. (Ord. 2020-005 & 1, 2020; Ord. 90-019 § 1, 1990) Chapter 6.08 Deleted: 02 Deleted: 16 ri G_ 20=`3'_11 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: i. Bites, injures or attacks a person; 2. Chases vehicles or persons; 3. Damage-nr destroys nrnprrhr of persons other than the. owner of the ari ft—l- 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 J Chapter 6.08 2 (14NN /' / 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 violations. (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) Chapter 6.08 - Deleted:02 —� Deleted: 16 UNMW '' 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 fram a place or remain us a puce involuntanily. (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 -bearing animal bred and maintained commercially or otherwise within a pen, cage or hutch. Deieted: 06 (Ord. 2020-005 § 1, 2020; Ord. 2012-015 § 1, 2012; Ord, 90-019 § 1, 19901 a Deleted: 14 I Chapter 6.12 1 =2022 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 warm 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 41, 20 00- 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. (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. 1. The written complaint referenced in subsection (A), above, shall be made on a form prepared by the Deschutes County Sheriff's 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 DCC 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) Chapter 6.12 2 1_420N _ _ _ _ Deleted: A Deleted: Deleted: 06 i Deleted: 14 J,� 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 right 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 14th 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 witk notice of the hearing not less than 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 deveioned at the hearing shows_ a full and fair inquiry into the facts necessary to determine the matter alleged. 11. A deteriiunation made by the Hoard shall be supported by reliable, probative and substwiiial 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 rhncina thr P.nnrd ehnl. tn1 P. nntina in arrnr• .— -ith tha frfl—ina—i�:alin- 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 recurrence. Reasonable measures include, but are not limited to, requiring that 'die dog owner take specific measures to �Deleted:06 1 Deleted: 14 Chapter 6.12 3202�( 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. hi 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. hi 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) Deleted: 06 Deleted: 14 Chapter 6.12 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. Immediately 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 warm 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 containine a full account of the incident. staiine 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 claim: nrecented nc nrrvided by n r F, ii� mo than he naarr? nrrm»th, 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 oeleted: 06 l amount of damages awarded, to be paid by the County Treasurer out of the dog fund. Deleted: is Chapter 6.12 5 =20m - - - - r / 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) meted: 06 Deleted: 14 Chapter 6.12 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 203.035p _ _ - Deleted: and 203.127 (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 from the context, certain words and phrases used in DCC 8.08 are defined as sat 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 vehicle--, and vehicular traffic whereas 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 engine; ar_d other emergency vehicles responding to emergency calls are not subject to DCC 8.08. Vii-rvau liiVillrr.yl.ic Il/CaiW GVGiy' ITtV4Vr Ve11141c AA0.Vtllb'sS .1G55t or SaULLle. 1Vr the Use of the SlllG1allU .i.,..:..«..,1 ♦.. a...., -I ,,,...,._ .Y __ /, _ ♦L___ __ L,...1- _ . 1_ av _ _.. but excluding _t'.- - _ lacmryllw w uavcl vu uvt u1MV LUMI uucc Wuccts Ul GOrltaci wtut Ulu glutulu, but G]tGlUUlil� a bailer. 1n1S includes motorcycles suitable for use off any road or on dirt trails, regardless of whether it may also be used Deleted: 06 on public streets or highways under state law. "Off -road motorcycle" includes motorcycles sold or Deleted: 16 Chapter 8.08 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 hearing 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 noncommercial 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; Deleted: OG Deleted: 16 Chapter 8.08 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 anv pile driver, earthmoving equipment, pneumatic hammer, 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 terms of the permit; v. —1 he 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. CGetimully accepted, reasonable andprndent farming 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 perruiiied Hit 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. hi 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 .,�.•...: �.o:.,,. f.,,,, aS,.. Cko.�€€.....,., ...,s o..,.�o.i a:.�oa ,7�.,- i...:....,., Z_o o..,a.i .,,7,3:e;,..,.,i sl...ee Y.-mi .on fiom the .,heli.a may n al ay.- out .a a . r u. . . i nal ,L - day period. If the emergency extends past six days, further permission must be granted by the Board• R. At n nnhlin eetirnntir.M in acndannn with ORO 19�64Oan aa.env nnntmetina fnh4Cmceneduled r_.ongtrnction or maintenance hetween the honrc of 10:00 p m, and 7:00 a m, shall remieat a nermit from ' the Board. Upon finding that the peace, quiet, comfort or repose of other persons will not be disturbed, _ or can be mitigated to an acceptable degree, or upon finding a public necessity exists, the Board may t Deleted: 06 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. hi granting such a permit, the Board shall consider the followings _ _ _ _ _ _ _ - 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 permanent 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 - Deleted: 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 O,fder cf 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. hi 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: 06 Deleted: 16 Chapter 8.08 4 G-420a_,' 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 _9.04.010. _ Definitions. - _ - _ Deleted: For the purposes of DCC 9.004, unless otherwise apparent ffolll tie context, cerlanl 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 471,011; a drug as defined in ORS 475.005(13), and marijuana, as defined in ORS 475.005(1�_ Application of _ - Deleted: s Deschutes County Code Chapter 9.04, with regard to marijuana, is subject to ORS Chp. 475Bz _ Deleted:. ......... "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: I. 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 163.575QA) through 163.575(- CC ). _ - Deleted: e l (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 -- ni...,r to „nter an within ., prenuis.,., not open to the erg of --.,here 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 dug 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 eleted: 03 Deleted: 16 WPM "I 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 9.12.035. Definition -Facility. "Facility" means any real or personal propeivy, including appurtenances thereto and fixtures thereon, associated with a given use. (Ord. 95-024 §3, 1995) 9.12.040. Definition -Farming. "Farming" 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, farming 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 farming, 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 maintepance, tree planting pre-rnmrnerrial thin,.- g release, ferttlt.".,atim., animal damage control and insect and disease control. (Ord. 95-024 §3, 1995) 9.12.055. Definition -Non -Resource Use. "Nop-resource Ilse" means any fariliw, activity or other use of land that does not constitute a farm or f rest use, as defined herein, including but not limited to residential use. (Ord. 95-024 §3, 1995) 9.12.060. Definition-Generaily 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) 1�29st2d: 04 Chapter 9.12 2 (1220a_ ° 9.12.065. Definition -Farming and Forest Practices Exclusions. "Farming 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 47513.486 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 47513.928, np 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 farming or forest practice within a resource zone as defined herein, DCC 9.12.090 will apply to that farming or forest practice after the date the zone change becomes effective. Deleted: 04 (Ord. 2020-005 §1, 2020; Ord. 95-024 §5, 1995) Deleted: 03 Chapter 9.12 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, on lands other than those zoned for farm _ - Deleted: O ------------- ---- or forest use, no arm or forest use allowed in 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, nonresource 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 r, n-, B. DCC 9.12.110 shall apply: 1. To fanning practices on commercial tarms only, notwithstanding the definition of fanning in DCC 9.12. 2. Whether or not the farm practice occurs within the applicable urban growth boundary. 3. Where the commercial fanning or forest practice existed before the conflicting nonfarm 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, o, r lands where farming 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 farming practices on commercial farms only, notwithstanding the definition of fanning 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 farming 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 farm or forest resource use. (Ord. 95-024 §8, 1995) 9.12.130. Complaints by Non -Resource Users. Anv persons not engaged in a farm or forest use are deemed on notice that Deschutes County will not issue a citation involving a fart —it or forest practice protected under DCC 9.12 (unless otherwise subiect to regulations authorized by ORS 475B.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:04 J acceptability, of 'he practice in the absence of compelling evidence that continuation of the practice would l Deleted: 03 Chapter 9.12 4 (1-4201 ` 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, 2020; Ord. 95-024 §9, 1995) 9.12.140. Farm Practices Advisory List. In determining whether any particular fanning 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 n Chapter 9.12 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 }mown 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") 167.191 et seg. defmc gambling and provide for the regulation of _ - � Deleted: i 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 Games. 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, DPschutes Comty in private businesses or in. places -of —ub!ic ace.... nodatiOn,. It not the purpose of this ordinance and this ordinance is not intended to regulate any form of gambling or gainirlls, authorized and regulated sunder Ore. -On state lady other than Social Gaming as specifically def~ned :n this ordinance. (Ord. 2020-005 §1, 2020; 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, fraternity, 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 Gaming license approved and issued by the Board and provided that the Special Event and the Social Gaming 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 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 true ....me and addre.-. or the Person applying or 1".e lice se --A of eue.". D �.,.. A._ c I. 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 gaming 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 Gaming 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. r jit of a hanlrornnnd _Mr tiaatinn and a ­­id—ti— of anv —A all n* er infbill still. tha _., ...- .�.,.... .,. .,» ..b... ».......... ..b.. ..... ...... »pop ...,...,....,......,.. .,. ».., w... u.a oth u..a.... fin- uav Board may deem relevant to the application for a Social Gaming license, the Board may issue a Social Gaming license. (Ord.2006-023 §12006; Ord.2005-025 §1 2005) 9.16.140. i,icense — 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 uursuant to this chanter or any attempt to assien or transfer anv 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 1 D led: 06 Chapter9.16 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 Gaming 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 determines, for any reason, that the Social Gaming 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 Gaming under a license issued by County shall comply with all applicable County ordinances and State and Federal laws and regulations, any Social Gaming 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 Gaming. 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 Gaming; 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 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 10.05-is enacted to -establish -standards and procedures for signs to be installed and maintained - - J Deleted: Title 10 within public rights of way which fall under the jurisdiction of die 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 10.01 shall be -known as the -Deschutes -County Road Right of _ - ----------- ----- -- Deleted: Title 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. "D rectinnal infnrmatinn" maang the name of the hminecc service nr activit,, rnw if M hiat—i—I feature nr qualified cultural feature and other necessary information to direct the motoring public to the business, service or a( tivity, placed on a tourist -oriented directional sip. "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 npep to the general pilblicincluding 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 brine into being or establish. "Maintain" includes painting or routine repairs necessary to maintain the sign in a neat, clean, attractive and .... � core ta:,._ J41V V VllLLlttVil, 411LL tilt/ Wl lii LL1ViLLLLl.J 41iV W llls tV I.AiJt. "MUTCD" means the Manual on Uniform Traffic Control Devices. Deleted: 04 j 1 Deleted: 03 Chapter 10.05 I "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. r`r"" any lighting, unless such righting ..o effectively Shielded as to nrevent beams or rays of light from. ��a� a..y g g s` r-� 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. 1. 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) -� Deleted: 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 lI - Qualified Tourist -oriented Business. Any legal, cultural, historical, recreational, educational or entertaining activity or a unique or urSmsua1....corn'7:ereial..or norip.ofit activity the major portion of whose meome Cr Vl�.-.. -1 del-- d—r, itS f-1-1 ..—Css season frG1T1 motorists not residing ul 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 II sign shall be made in writing addressed to the Road Department Director for Deschutes County, Oregon. It may be in letter 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 cull-- in�tal le`1 .,ruler the te,,,,� of DCCTitle 1 n shall be m compliance with rl,e n.ri 1'Trn. t,. ».. ....� .Y,. , ...U, 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 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'hoiizontal 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 legerlu- $hail be whSle artll I'elle(:tV17LC(1. Each logo _hall b_ .. idli _.__ L. G0.l:ll 1Vb'V JIIAIl UG GUiltalrlell wlllnit a L4-nl(:rl WIUe and Ib-mCh high rectangular baekgCOUrld area, l®slat@rl: 011 including border. �' 1 palsied: 03 j Chapter 10.05 3 (1 202 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 detennined, 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 11 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 accommodations, modern 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 hours 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 1?�� 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 §I, 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) Deleted: 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) Chapter 10.06 Deleted: 03 Deleted: TO (1 ? 20�2 W 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 from 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 ('n mrir rnxrrwri lanfl which AnPe not rnralifir ac a "nnhlic cenrine fiaciflfir" "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 terms and provisions of such leases. 2. County real property may be posted closed or use limited by the County Properly 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 omly be granted pursuant to a v.: itten leasepr license authorized by +he Bard. - - - - - - - - _ _ _ _ _ _ - J Chanter 11.04 1 Deleted: and Real Estate ' Deleted: , eieied: era, Courdulatur Deleted: —� (Deleted: pennit Deleted: 04 Deleted: 03 B. County Owned/Occupied Buildings. County public service facilities and other buildings occupied by` - - Deleted: 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 35 dollars, which shall double each 24 hours up to four days, and ' Deleted: building 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 —� Citcui urt tc the violator. (Ord. 2020-005 § 1, 2020- Ord. 96-013 § 1, 1996) Deleted: district i Deleted: c 11.04.040. Justice Building -Searches. Except for on -duty law enforcement personnel, and individually designated county staff, every person entering through the public entrances of the Courthouse facility, District Attomey facility, Community and Juvenile Justice facilities, and all other Deschutes County Justice_/ Law Enforcement facilities, including an nex thereto, is subject to search of his or her possessions and must pass_through metal detectors. ---- --- ----------- - ------ ----- - - - - - - - - Deleted: Building or any Justice Building (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 terms 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 § I, 1996) 11.04.060. Prohibited Activities. A. No person shall construct, install, or encroach upon County owned land. No person shall sever, Deleted:04 —� excavate, damage, vandalize, burn, litter, remove materials from or cause other site disturbing activity — — Deleted: 03 u/ Chapter 11.04 2 (14204 upon or to County owned land without obtaining an appropriate permit or license authorizing such J activity, from the Board, Property&nager,_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 PropertyManager or County Forester. _ - - _ _ _ _ _ _ _ _ _ Deleted: and Real Estate J C. Motor vehicles shall be limited to existing parking lots and roads. Motor vehicles are prohibited on dedicated public pedestrianibicycle 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 the Deschutes County Smoke Free Policy. (Ord,_2020-005 � 1, 2020; Ord. 97-057 § 1, 1997; Ord. 96-013 § 1, 1996) 11.04.070. Alienation. Excepting conveyances sipped by the County Property Manager upon written authorization of the County Commissioners or the County Administrator, _County owned _real property_shall be sold, leased, _ - - Deleted: N 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) l Deleted: 04 lDeleted:03 -- - _j 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. sea _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -( Deleted: too. J (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 M. (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: to Deleted: 01 J 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 Lntent. , - 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 inLentiUll to rllake the el[Gll<lilge described In Lhe r1Gt1-blIlding letter C)f lilterlt 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 -seta - Deleted: shall public hearing on the matter at least thirty days w from the date of the resolution._ 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 twg, 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 v8,100= upedf cd 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 arid 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 prop_ erty_ described in the proiect identified in the order authorizing the exchange. (Ord. 98-023 § 1, 1998) (Deleted: 10 ,' Deleted:0t Chapter 11.08 2 (202111_,% 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 finding 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 275.0K and who shall also approve title to the land exchanged by each party._ All deeds — 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:Ol 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. `u` funds for a project retrain 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) .1.08.180. 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 11 A8.180. (Ord. 98-093 §1, 1998) 1 Chapter 12.04. GENERAL PROVISIONS AND DEFINITIONS. -FOIE UTILITIES IIAJ 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 I2.04flLimu h 12 24 and amendments thereto may be collectively know_ n as the "Deschutes County - Deleted: This title Road Utility Permit Ordinance." = Deleted: (Ord. 2020-005 § 1, 2020; 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 la,aI access roads when such use and occupancy of the right of way do not interfere with Deleted: dedicated Public roads the free 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. (Ord. 2020-005 $1, 2020; Ord. 203-7 § 1.020, 1976) 12.04.030. Statuto Author:f ry .1. 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 Jo al access toad 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 S 1, 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 fumish information shall be construed as intended to provide the County with all information which may be of assistance in evaluating the safety, utility, — --- convenience, necessity and reliability of the applicant and its proposed facility. Deleted: to -( Deleted: t I Chapter 12.04 I (120PQ_, 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 govern*nental 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 term is used in DCC t2. 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, firm, business, partnership, individual Deletes!: municipal corporation 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. "Backfill" 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 hivhwav rnadaidea a.c wide flat and rnnnded ac nractical and as frP..P. ac nmr.tical frnm nhvcical nhstmetinnR 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.. _ allu inatut.a nl eg ily,}.,lUS6.C1UCe$ UUflty.,. - Deleted: means any public road maintained by the County. "Cradle" means rigid structural element below and supporting a pipe. "D;rect bwi4al" mewls ;„ ft 11;, o „t;l:t., f ;1;t., , -,ior,.r..,,,,.1 ...;tt,-,,t "District tt rnev" Deleted: 10 1 _ _Stri_t A__o___.,, means the I7lgtngt Attorney of the State of Oregon for Deschutes County. i • — --� Deleted: tt---_.-._-._ ._.—--- -� Chapter 12.04 2 "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 repiaceiiient at a new location. Any replacement of an existin.g fvellity 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 from 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 permit. "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. Deleted: to ' Deleted: 1 t Chapter 12.04 "Road" means a highway as defined in BCC 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 terms 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. I (Ord. 2020-005 51. 20?0- Ord: --011-02fi 81, 2011; Ord. 95.035 §1, 1995. Ord. 203-7 9;1.500-1.950, 1976) 1 Deleted: 10 Deleted: t 1 Chapter 12.04 4 Chapter 12.08. PERMIT PROCEDURES FOR UTILITIES WITHIN THE PUBLIC RIGHT- - - Deleted: AND 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. �------------------------------------_-------------� Deleted' 12.08.080. - Permit and Application Forms. ��— -- --- JOrd. 2020-005 §1, 2020J _ _ _ _ _ _ _ _ _. _- _. _ _ _ _ _ _ ._ _ _ -. -. _ _ _ _ _ -- _ _ .Y ------------- - - Deleted: 12.08.090.. Limited Permit and Application Form.¶ l I2.08.100.. Annual Permit and Application Form.¶ Deleted: Ord. 2018-001, §1, 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 drawini e when_ the Administrator - Deleted: deems it necessary or convenient to a decision upon the permit. (Ord. 2020-005 ' 1 202 • Ord. 2013-013§1, 2013_ Ord_ 2011-026 §2, 2011; Ord. 95-035 § 1, 1995; Ord._ -- - Deleted 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/en ineered drawings unless waived by the Administrator. The exhibit maps/engineered chawins shall be done in accordance with DCC 12.16.150. __ (Ord, 2020-005 �1, 2020.; O d. 2011-026 , 2, 2nt 1 Ord 203-7 5.520, 19761 _ _ - 4na- ted: 0 20187-0012 si; 20187 k� _ r- - - -- -- 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) f Deleted:057 {Deleted:13--------..------------ Chapter 12.08 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 the Administrator to comps , - Deleted:. . 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 . lica .t c :t.- t0 , e t red by tx, permit t 30 t -, a > 1�_ l i applicant .t .u..� work or. l e �rojec uy_ _C .. .t ... . uaya uvur U ( Deleted': project covered date the permit 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, 202CL Ord. 2011-026 §2, 2011, Ord_ 203 _7 §5.550, 1976) _ - Deleted: Ord. 20187.0012 31, 20187 12.08.060. Civil nights Act Provisions. In those ;- star....,., where the section of Co ty road covered by the p—i 1s part of a 6A-11y as.;. +—,l 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) _ _ _ _ _ _ _ _ - - _ - - - _ - _ _ - Deleted: 12.08.080.. Permit and Application Forms.¶ 08 Sections 12.08.0 and 12.08.090 Renealed: Oid 2020-005 & i , 2020 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. ¶ 12.08.100 Repealed Ordinance 20l l-026 �2, 2011 (Ord. 203-7 §5.590,1976)1 I Application 12.08.090. _ Limited Permit and A Form. � PP� $ The contents of the limited permit and application form are set out at the end of DCC 12.08. ¶ I rn..a �na_v .c<<mr rmvcw Deleted: Ord. 20187-0012 y`' 1, 20187 Deleted:057 r Deleted: 13 Chapter 12.08 2 Chapter 12.12. ADMINISTRATIVE PROVISIONS RELATING TO tJTI4. ' IES lid` THE PUBLIC SIGHT 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, cgMI nications, Deleted: telephone, telegraph television, water, gas, oil, petroleum products, steam, chemicals, sewage, drainage, irrigation and similar lines and sttucclres that are to be located, adjusted or relocated within the right of way of County roads or local access roads —No such utility facility shall be constructed or relocated upon any County road right of Deleted: dedicated public roads way orJocal accgss toad i_i,4l- of way without fast obtaining a permit applied for and issued in accordance Deleted: (Local 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 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. — — Chapter 12.12 �Deteted. Ol J (L42 Q-w Chapter 12.12 2 (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) 92.12 060. Bold filariess 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 from 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 ocuipy the right of way of the County road, when such ;-jury, death loss or damage arises out of they 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 damage 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. Au traffic conuoi ana safety devices usea for protection or the worts areas snail conform to me current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the a �uvana iaisuwuy �uuiuuauativii. ,Dele4ett: i o ®eleW: I I 1�20� Jig � 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 tenns of the permit by the applicant, and to require the applicant to correct all deviations from those terms 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, terms, 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 cant', 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 f eitities 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 from 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 shall be in an insurance company duly authorized and licensed to do business in the state. A copy of the policy or policies, or a certificate evidencing the salve, shall be submitted to the Administrator and approved by him before any work is commenced under the permit. (Ord 2020-005 §1, 2020; Ord. 203-7 §2.300, 1976) 12.12.140. Bond or Cash Deposit Required. A. In order to assure full and faithful compliance with all of the terms, 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 famished 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. Chapter 12.12 Deleted: Deleted: which shall normally be $100 000.00 for property damage resulting from any single occurrence, and $100,000.00 for the death or injury of a person, subject to a limit of $300,000.00 for �'.. j injuries or deaths resulting from any single occurrence; provided, I that such requirements may be modified as to any permit by specific' order of the Board so declaring. Deleted:10 Deleted. 01 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 �Admmisti•atoi Alternatively, in lieu of posting a cash deposit, the j Deleted County Roadmaster j peinuttee may deposit with the ldmmistratol a certified check payable to the County road fund drawn I 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 thetdmmishatoi Deleted Roadmaster requires a greater sum, based on unusual conditions, the amount of deposit required for cavemen _cuts Deleted a cut across a paved road shall be defined n the County.ee_schedule.,Y "_ � . _.._ _ _ ... .. D. The bond, deposit or surety agreement shall guarantee that the roadway surface shall be repaired within Deleted: $3 00 .. _ hours ercompletion f +-lli the n n f d ,t it. shall fiwrther provide that 4 after.o_baek i.. *ig ._ last Yort:o.. o_ the roadway cut. Deleted. For a cut across an unpaved road or alongside any in the event the repairs are not completed within the time limit set forth in DCC 12.12, the roadway, the deposit shall be $2.00 per lineal foot of cut. These amounts may be changed to reflect fluctuations in construction Administrator may repair the road to his reasonable satisfaction in accordance with the standards of this I by order of the Board title and the standard specifications for design and construction of the County Road Department with Deleted. County Roadmaster 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 die p: ttee. (Ord.2020-005 U.2020; (Part) of amendment to Ord. 203-7, dated 11/19/79; Ord. 203-7 §2.400, 1976) (Deleted; 10 —� � �Deleted:Ot Chapter 12.12 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 41, 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 accommodate 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 free from routine servicing and maintenance. Deleted: to � Deleted: 01 Chapter 12.16 1 (12f202�(1J' Provisions for future expansion of utility facilities so as to minimize hazards or disruptions of traffic during future installations is encouraged. F. service ._..__............. Deleted:. (Ord. 2020-005 § 1, 2020; Ord. 203-7 §4.110, 1976) 12.16.050. Special Considerations -Pipelines. hl ti'ie case of pipeline permits: A. The minimum depth to the top of the pipe 30 inches from the ground line or top of wearing surface and 30 inches from bottom of road drainage ditch line, jp) pth may be increased when wan -anted 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: 1. To expedite insertion, removal or replacement of carrier pipes, to protect carrier pipe from external loads or shock, and to carry 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 tern 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 measure. 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. Longitud cal irs illations s hall be located inside the roadbed section only If the tellarrl r sUA . ihat a cable installation outside the ditch line would be extremely difficult and costly, or if the section of road traverses a --ic area where an overhead installation ,'-*—ki detract from the aesthetic value; 7 When allrnxied in the roadbed section In —it idinal hnried calla shall ha niece' a -if rm distances Deleted: is required and these distances should ---------- from the pavement edge as near the outside edge of the ditch as possible without interfering with ,Deleted: to j drainage facilities. in no case shall it be less than one foot from the pavement edge. Deleted: of Chapter 12.16 2 1212020] ' 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 from 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 cant' 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. Location Jrom edge of travel lane (fog line) shall be a minimum of l0 feet unless otherwise appiroved by.the Administrator, 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. Deleted: to (Ord. 2020-005 § 1, 2020; Ord. 203-7 §4.140, 1976) i Deleted. 0 t 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 buy a statement describing why such clearances cannon - - -- - - - - reasonably be met and a drawing showing the proposed ahernate 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 ooemtoi will be required to mark such facilities per state rifles. Ueieted: within a nvo-root tolerance. h q digging g E. The County will require the contractor to refrain from di m or otherwise disturbing the earth within (peieted: per locate law 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; V. Underground ll_s.Q„u(_.tiNLLJ are riot technically feasible or are unreasonably I:UStly; c. The proposed installation will be made at a location and will employ suitable designs and innateiiais which give the greatest "weight to the visual qualities of the area beutg traversed. Suitabledesignswill include, but are riot linuted-to, self-supporting armless, single pone 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. Ifrieieted: l0 ,�,,� Deleted: of J Chapter 12.16 4 (14202� ' 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 be done b Licensed Engineer and drawings will be submitted to the Road Department for 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 streets 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: to controlling factors. Deleted: of Chapter 12.16 Chapter 12.16 6 (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 i, -Contents. The exhibit map c ; should adequately detail the proposed facility to the satisfaction of the Deleted: e Administrator. The data may be presented by a or Deleted11 : D "ui the case of a shot t SiiTipic CroSauig, by a rough sketch and description '_ [RC. discretion...__or [lIF Deleted: plan or profile with a Administrator. The exhibit map should include, but not be limited to, the following information set forth in p appropriate notes 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 :wxnibit ft�jp/ should disclose: Deleted: exhibit map A. Limits of longitudinal installation and distance from 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 b' Taal under roadway and outside road wday arc-; G. Method of installation for crossings; H. Location and attachments details if to be carved upon County road, bridge or stricture. (Ord.-2020 005 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).) (UTd.2113-% §4.713, 1y76) ---- --- ,( Deleted: 10 ---� r .l Deleted: 01 { 12(0N ' Chapter 12.20. SPECIFICATIONS FOR UTXLITY 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 _nd Costs. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Deleted: a 12.20.230. Removal, Relocation or Repair -Recovery of Attorney's Fees. (Ord.202n 005.c12020) 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 famish 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 § 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 pernut form represents the distance from the top of the surface or ground line to the top of the cable or pipe. Deleted: io Deleted: t 1 Chapter 12.20 (Ord. 203-7 §3.630, 1976 _ ..._. - - ;Deleted: )¶ 12.20.040. AC-Transite Pipe. AC-transite pipe, fittings and components shall conform to the appropriate and current ASTM or A W WA 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. Cor:agatcd 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. (Old.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. nackfiilling. The backf ir<g of all trencbes and tt.nnals must be accomplished immediately after the facili , zuthariied --by-the-permit has -beer.-placed -thereir.-and must -be -yell -tamped -and fully compacted so us -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 first 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, shah 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: II Chapter 12.20 2 (2 2020q) ' 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-Backfill, 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 one time. 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. Beddingshall be provided to a minimum depth of four inches below the pipe andQl2 inches above .. - Deleted: 12 inches P eP P P - - - - 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 portland cement concrete: a. Wearing surface, either portland cement or asphalt concrete placed to a thickness of six inches Deleted: to or the thickness of the removed pavement, whichever is greater; Deleted: 1 t Chapter 12.20 3 (1202(�1J 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 1.2.20.110 and DCC 12.20.110(13), and their placement, shall conform to the requirements of the current ODOT/APWA Oregon Standard Specifications for Construction (Ord. 2020-005 S 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 shah 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 immediately 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. Ail 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 ba-111caded and sighed, tepaif or re_Ulaceinent will be accomplished within one week, or as peri-nitted in DCC 12.20.150(A). C. Any replacement or repair not accomplished by the applicant under DCC, 112200.11500(A) or DCC - 12.20. 1 50(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. �. - . a periad of ane yea haw ng °u e patching -can., paved sir :L' c applicant s all be responsible for the condition of such pavement patches, and during that time shall, upon request from the Adminietmtnr repair to the Cnnnty'e catiefantinn any of the natrth— —hi— hernme —ttled rrarL-ad _-._.. _- ..-- ......— - .,.._.--..-._.,_- .._y -. ...., I ....... ......_. .,- ......... ............ ...... -ed, h_rnken nr nt_henvice faulty (Ord. 2011-026 §3, 2011; (Part) of amendment to Ord. 203-7, dated 11/19/79; Ord. 203-7 §3.550, 1976) 1 Deletea:l o J Deleted: t t j Chapter 12.20 4 ( 202i . s ' 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 may be 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 fitmish 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) Deleted: 10 Deleted: l l Chapter 12.20 12.20.230. Removal, Relocation or Repair- Recovery of Attorney's Fees. The applicant agrees that, in the event he fails, as provided in tDCC 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 fecs to be allowed in such action or proceeding.. (Ord. 203-7 33.920, 1976) 1 Desetad: to � Deleted: t I Chapter 12.20 6 (20--12WJ-' DeleChapter 12.28. DRIVEWAYS AND�,C3I S�J 1 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 61, 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-Curbiine. "Curbiine" 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. Deteted: to (Ord. 203-6 §1, 1975) Deleted. 1 t Chapter 12.28 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 defmite 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. Permit -Required. No person, firm or corporation shall remove, alter or construct any curb, sidewalk, driveway approach, gutter, pavement or other access__ related,_ improvement in any public ipad,_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 first 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-^v35 § t, 1995; Ord. 203-6 §4, 1975) 12.28.080. Public Property Use Restrictions. Co.:; j -cadghts .^„ .: ay may n `ued for private wa.uu.....i^i pi:i"e^vSaa. A pciuIIt rvr ire WLIS UVAI of driveway approaches shall not be issued unless vehicles to be served or serviced can be parked entirely within the nrivat_e_ nronerty h_ (Ord. 95-035 81 1995- Ofi- nes rd 203-6 810 19751 t,+®ie+t veieied: i i � Chapter 12,28 2 U202Q1 ' 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. JOrd_2411-026�4, 2011_Ord.95-035 §1, 1995; Ord. 203_6 §5, 1975)_ _ _ _ _ _ _ _ _ _ _ _ , - Deleted: ¶ 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 first 100 feet or part thereof and not more than 35 percent of the uuntage 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: t 1 —� Chapter 12.28 3 (��� 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 1128, 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 traffic 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 paying betwermn the property tine anal the street pavement in--, 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 ix inches thick for residential approaches and at least six inches thick for commercial approaches Deleted: four 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 81, 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 anon the annlicant, property owner or tenant. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 11, 1975) 1 Deleted: i 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: l0 Deleted: I I WOUw—% 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. 1135.0804 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 I njurles. 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 th_e_C_o_un_ty, 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 as set forth in DCC 12.35.035-040. (Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988) 12.35.035. Definition -Property Owner. "Properly owner" means "owner" as defined in ORS 368.001(4). Where an owner has property frontage on two roads not including comer 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 -- i 12.35.050, and is used primarily by pedestrians as a means of foot travel. Detsted: '° Deleted: I I Chapter 12.35 1 L U2/ 2Qg"_ ' (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 Countyunless this standard _s superseded,by_a.joint iTianagement_agleement of otlzer_agieement_with a _city iu relation to development _ within__its ui _Zn •owth boundary. Temporary walkways shall be constructed as directed by the County. (Ord. 2020-005 S 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. (Repeated Ord. 2011-026 §5, 2011; Ord. 95-035 §1, 1995; Ord. 88-033 §1, 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 Deleted: l l 12/ 2020} ,; ' Chapter 12.35 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 activities all : elude but not i .: d the bicycles or. sidewalks shall be prohibited: Such a.,.. r..:.,s or uses shall u.,, u,,, „u ,,, .., t , to t C 11,,w frog: icuvw uls. 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 property damage arising f..n«n the property owner's t ult o cghi...... cc -in C 11in . to 1-....... ,.lean «.. abuttuig a. .c property �y v'rr i.a,. a aaual or ru:saascaaw ui iauuis w nccY clear, uwirilain yr Cvnotiu%t an avuuut� 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 dutyshall compensate the Comity for the amount of the damages thus paid. The. County may, maintain an action in a court of cc:npetent jurisdicticn 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 mlacine of planks, gravel or crushed rock on walkways and driveway a_p_proaches. (Ord. 95-035 §l, 1995; Ord. 88-014 §1, 1988) 1 Deleted: to Deleted: I[ J 12/ 20Z"_-'' Chapter 12.35 3 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 findings 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) Chapter 12.35 Deleted: 10 Deleted: l l 20 9 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 Community Development Director 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) .1 De ee edivi ---- Deleted: 01 Chapter 12.40 1 (0�_, 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. 12.48.086. Definition -Road, County Road &td Public Road. _ _ _ _ _ _ _ _ _ , - - Deleted: a 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. 12.48.150. 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. 12.48.190. Mailing gf__Notice--------------------------------------------- Meted,0 12.48.200. Board Order or Resolution bor_Improvemen_t-Recording- Vacation of Order or _ _ _ _ _ _ - peieted: F Resolution. 12.48.210. Recording Order or Resolution wjth County Clerk. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - J 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. 12.48.320. Collection. for Local Improvements Involving Undeveloped Land. Deleted:10 12.48.330. Minimum Requirements Deleted: 01 Chapter 12.48 1 (124202_WJ!' 12.48.340. Interim Security. (Ord. 2020-005 SL 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 eruorcing payment of such special assessments. \Vlu. 7Y-VLJ V 1, 177Y) 12.48.020. Applicability. DCC 12.48 shall apply to local improvements located in unincorporated areas of the County. (Ord. 94-025 § 1, 1994) 12.48.10320. Relat.onship 0 State La... 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" all direct .. ndirart c. f. rred h., the Co n— to deli. goods provide .......... ....... ........... ..................................... u..,.........,,, .,., .,......, ., ...,...er go ..., „r pro....,. s,,...,,,,,, 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. (Orel. 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 Counn : ;r a local 'improvement. 1Deleted: 10 'Ord 940Le.c1 inner 1 �""`. '�- '' y l' ""� Deleted: 01 1 Chapter 12.48 2 (1202�t 12.48.046. Definition -Board. "Board" means the Board of County Commissioners 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. Including 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: 10 financing of a local improvement. f Deleted: Ol Chapter 12.48 3 (120� B. 1 he 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 pact thereof, the County shall establish a record keeping system to Lack 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 finalassessmentmay be included in the final assessment based on the Countv's reasonable estimate of the fmancint costs if the Countv first documents the basis for the estimate and makes the documentation available to interested persons on i equest. (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. Defin :'o n-Undeveloped I and. "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 § i, i994) A Deleted: 10 1 �' �Deleted:01 Chapter 12.48 4 (1212020..)_;;' 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,;Z5 percent of the owners_ - - Deleted: of the land representing not less thaq 25percent of the land_ abutting on theproposed local improvement_ - _ Deleted: and presented to the Board asking for the, improvement. - _ _ _ _ — - - Deleted: B. The resolution or petition shall indicate the approximate location and suggested boundary for the proposed local improvementand describe the nature of theimprovementdesired. _ - 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 common, 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 nronerty on which the local improvement is to be located and such other incidental properties as necessary fora 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: fDeleted: 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 recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any.. portivia... of the maximumn actual cost of the iinproveliient amiiong.. 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 llie 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 11. 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 recommended method of interim financing and the availability of such financing; and 4. The recommended method of long-term 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. 1he P1r1auce Ut/CI:LUr Slldll lUl'walU his anal_ysls to the Eu6ieer who shall then in(:o ordte ilie andivsis into the final draft of the feasibility study. D. 1he Engineer shall prepare a report fur the Hoard vontahiing the results of the foregoing feasibility - study. In performing the investigation and developing a report, the Engineer shalt 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. In 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, JtlGGt 1llalilJ or Jlllillar r0.V111t1eJ, a separate J1.ate111Gl1t V1 the Wtitl —a GVM V1 41AU eJtllilatell abbe blllGllt for the construction and installation of lateral sewers, street mains or similar facilities shall be included. r�d1 96-0-74 911, 1006; n-a 94-02r i l 199 Chapter 12.48 Deleted: 10 j "l Deleted: of (12k2020 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 true 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 from 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 abandonment of the LID, it shall require the department to give written notice of the abandonnient to all petitioners malied t the addresses provided in he ppet ition. 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 deternine 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 boundary, 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 i Deleted: 01 Chapter 12.48 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 ca_—ina -A the imnrnvernent setting a public he-4 n the ; ,eme^t and d;— ;^ tiro+ Y.... b p g o.. npra. -ect ..g _- 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. 1 he 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 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 re_.Spect 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) 1 Deleted; i 0 �, � Deleted: 01 f Chapter 12.48 8 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 hearing 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 12A& 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, alien 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 §2, 1999, Ord. 94-025 § 1, 1994) Deleted: l0 ' Deleted:01 (2202-W-%• Chapter 12.48 12.48.220. Engineer to Compile Local Improvement Actual Cost -Source of Payment -Reimbursement of Source -Additional Work. A. Alter 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 t'unds available V1r the construction or Illlprovelllcllt of County roads or frorn revenues available front in.tonin 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 wan -ants 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 bome 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 : the vid-A TV''!'' I I AO the ..l land b. M- firt-A by ♦hc 1 1 l.au w aoowow ua uw u.alul�r provauw a<. v ul�. owners vi lalau �cua:uu;u by luc weal improvement. (Ord. 94..0LG §1 1994) 12.48.240. Engineer to Ascertain Assessment -Hearing on Objections -Board Order or Resolution. A. The Engineer shall ascerta;_ 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, l Deleted: to ,', Deleted: of Chapter 12.48 10 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: I. Specify the terms 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: to Deleted: of Chapter 12.48 11 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 amonnr 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 onvarn;na 1—d" of a r;h, shall ha rf ed ac to DCC 12 48.260 h the Board The duties requ- m— of b,,..,......t, . , . ...., . e pe.—..n , . ». �» .. 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 performed 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 unnn filing with the Cminty Clerk and r�nrrdinaa in the. annrnnriate lien dneket th_r_ 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 case a lien to be imnos 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 81. 1995) 12.48.280. Deficit Assessments or Refunds When Initial Assessment Based on Estimated Cost. rr :. ., r ..»a .w... 'u- ..r .w.. .. ,...rr:..:...... .,. a..a..... as a is ivw1u uiaE uic aaTinunt ua uro aSScSSiiicr.. iS inauuivavn. w —ay uw vxpvmvS Of uiv iuvai improvement, the Board may, by motion, declare such deficit and declare a deficit assessment and shall mail �— notice of the hearing to owners of the affected property. After such hearing, the Board shall make an 1Dee' ed: 10 j Deleted. 01 J 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 payor. (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 u—just m .its effect upon the person c^n:plaining; 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 from 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 Deleted: to sum or sums are owing; Deteted: o t Chapter 12.48 13 (120� 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: I. 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 sham 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. ryi. i is u U —ay at ILO diSCretiVn Qllow LVr a valtalllie uVrti arly of 1.11e JlailUAr(1J of Dl.l. 12.46 if 1[ 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. hi 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 at,-' oo 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 instih,tion acceptable to the County for 110 percent of the amount of the estimated assessment on each lot or parcel subject to this requirement. 1 Deleted: to J 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 § 1, 1994) Deleted: 10 Deleted: 0 t Chapter 12.48 15 Chapter 12.52. TRANSPORTATION PROJECT LIST AND PREQIIALIFICATION OF -' eleied: CONSTRUCTION OF PUBLIC IMPROVEMENTS 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- prniects for capital cnnQt-rn&inn in nnhNo rioht_n£wa., segments for which the County is the road authority. That list shall serve as a guide to the County in making -expennditures for capital construction in the public right -or" -way and in applying for grant funding to make such improvements. ,The Board shall pn a yearly basis, upon_ the recommendation of the Road Department, - Deleted: The initial list shall be that list adopted as part of the update thq,hSt by TBSoIUtIOn. ounty's T ansportation System Plan, adopted in 1998. C r Ord. 98-049 1 1998 - - - - - - - Deleted: thereafter Deleted: at —� 12.52.020 Prequalification of Bidders Deleted: Ord. 20187-0012 §1, 20187; I 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 prequalification 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 rimaty process for determining qualification for Deschutes _ - -(Deleted: exclusive --- ----- County Road Department public works contracts. If the County is unable in con unction w&-applicable — -- timelines to ascertain whether a bidder is prenuali_fi_ed, the bidder may be allowed to continue in the bid process subject to finther due diligence red the bidder be determined to be the apparent low bidder Prequalification is intended for Prime Contractors�;_Supplier and subcontractors _ oo not need_ to be Deleted: , 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 finding 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 2 79C. 375(3)1 al and I hl (Ord. 2020-005\§ I, 2020; Ord. 2011-026 §6, 2011) -Deleted: 0510 Deleted; 11 Chapter 12.52 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - j 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 55, and includes any_physicall_y_ , - Deleted: 205(3), (5), (7), (14), (19) and (20) 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 § l(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 systems 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 terms are _ -- defined in ORS Chapter 44 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 _ - Deleted:.205(l) 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 the affiant; provided, however, that the owner or operator shall, in any case, be liable for the cost of Deleted: 23-070 gauges required by Oregon Administrative Rules 33306 L_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ._ _ _ _ _ _ _ _ ' Deleted: 10 (Ord. 2020-005 § 1, 2020; Ord. 203.12 § l(C), 1980) Deleted: 01 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 apply to D -C 13.04_ _ - - Deleted:.2o5 (Ord. 203.12 §7, 1980) ------ - 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 wol,ld 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 44k or does not satisfy the applicable standards set forth_ _ - Deleted:.205 in Oregon Administrative Rules�includine 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 ermits to the owner or operator of such ;eater supply s tem �,i: the proposedsite, d the �.a p r...».... rf,.� system g .., r.,,pose» ........ 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 commence 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 L)CC 13 na to persons supplying water for domestic n withh, the -system the state agencies �..� ....., r-........, urr.,...a .»......,. »........,.. rl/:r�.,�., ...u.... ».» .,�.,... ....,..,.... 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 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 tray arAnounee 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 permits within - -1-f'---1 — - - - d- ---- °- - - -1-- °-- •„• _ within a UG1ulGU ai Ca, GXlGd lid 111G iG5Cl11:11VSS U1S USG IJJI!'slltl:e Ul DUI11S1I1g pCrmLS within a 11C11RGU area, or wanc ally UL110 lawful, applUpnaw Urucr wmcu Is UUMIstetit with its findingS. (Ord. 86-025 92, 1986; Ord. 203.12 94, 1980) — _— � �1 Deleted3 tU 1 ,' Deleted:0t 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: I0 Deleted: 01 Chapter 13.04 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 grid Recyclable. _ _ _ Delete A ---------------------- 13.12.160. Definition -Recycle Sr Recycling._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -------------------9eleted;0 ---- 13.12.165. Definition -Regulations. 13.12.170. Definition -Resource Recovery. 13.12.175. Deflnition-Reuse. 13.12.180. Definition -Rules. 13.12.185. Definition -Sanitary Landfill. 13.12.190. Definition -Self -Hauling. BA2_05, 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 i3 shall be known as the "Solid Waste Management Ordinance." (Ord. 85-037 §1.01, 1985) Chapter 13.12 1 Deleted: 10 — — J Ddeted: 01 (12l2020J�%� / 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 Department 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 U, 2020 Ord. 91-004, § 1, 1991; Ord. 85-037 §4.01, 1985) Chapter 13.12 Deleted: 10 Deleted: 01 (12ZQ2- W 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, i985) 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. Hauler. "Commercial 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.fl7 08c_ 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. ".)isnnsal Rite" means nnu land and farilitiee omen for tha dienncal hnnrllino fir t-ncfar of nr racnn P recovery from solid waste, including hurt not limited to dumps sludge lagonnc and treatment faeilitiec -- ----- ----- landfills, sanitary landfills, composting plants, transfer stations and incinerators. "Disposal site" does not �Deleted:.740 or 481.345, j include a landfirl site which is subject to the permit requirements of ORS 468B.050 or a site which is not_,, 1 Deleted: i0 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 (202�0 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 §4.01, 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 franchise. (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, g�emisnliri — liouid 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -i 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 fianchisee 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: Ol Chapter 13.12 13.12.145. Definition -Person. "Person" means and includes individuals, corporations, associations, isms, pat-ierships 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 u the Board or the Oregon Department of Environmental Quality for pp Y' .y g eP` � LY Deschutes County, pursuant to ORS 459A.0= _ _ _ _ _ _ _ _ _ _ _ _ _ - - Deleted: 170 (Ord. 2020-005 �1, 2020, 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. 85-03 7 §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. ID-wuac iiiuuw tctutu ot utamtat utw utc �Duvuuc sucaiu tut we use ui the same xuiu of upptu:auou 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 ,�r;nb g al -ay J. rn>t RS_n¢� sa m IQRsN r Deleted: 10 Deleted: 01 Chapter 13.12 5 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 pails thereof, discarded hone or indusrial 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 Deleted: 10 Deleted: 01 13.12.230. Construction. I he 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) Deleted: 10 j Deleted: of Chapter 13.12 7 (121202(b 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. 1 nis exelnptioii does not apply to disposal at a diSpoSai site operated by a franchisee under DCC 13; C. Auto dismantling pursuant to ORS 822.10 through 822�I S _ _ - 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 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, s One rnembei from the accounnng 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 0-40. vv^l'd `:aSt^c Ads.^s; j Camm'ttoe-Appointinent vf,leer s 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 terms of their offices. Appointment of other persons as members shall be for staggered terms 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 committee 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. R ... 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 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 limitwi 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: iu �' � Deleted: 01 _J Chapter 13.16 13.16.060. Regional Solid Waste. Committee. The Board may appoint one or more members of the committee 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) Deleted: 10 — Deleted: 01 Chapter 13.16 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, arid/or ORS 475B.928, generally accc�ted,J _ - 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 vi,C 13.16 v2v arld in ulc dcijniUVII of dicpGSal ciic'ui in,i, i3.i2.v4v, nG ptabun 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 pperson is nn! !h nwnnr nnnnnnnt r_.r inarcnn antitlad !n nnacaccinn nr which is not a di. —I vita —r.""i -- - — - - r---- r ». .._ »YY. by the Board. (Ord. 85-037 512.04, 1985) Chapter 13.36 1De t d: 0 ' Deleted: Ol (12(20� 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 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. 13.4425. Administration of Cable Communications Chanter and Franchise. 13.44.6. Intergovernmental Agreements. 0.44.7. 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 grant 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 § I, 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,1 m l'C -r-- `-------- ---'---wav link- studios, ---1 tutu ----wnal ------...�_ dL--a LI--�---a amplifiers, towers, m[�ruwavc uux�, �[uu[u�, rca[ a[[u per�vua[ prupcny, uuc�[ u[vaMaZ�[ 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, !eased, !eased-pureliased or otherwise controlled by or within the responsibility of the franchisee. C. "Cable service" means programming, in any combination, provided on the cable rOmmuni—fi— system t� s�»bscribPrs. �Deteted: of4 D. "Franchise" means the privilege conferred upon a person, firm or organization by the County leted: - to onerate a cah1P nnmmmmnntinns svetem nnrler the terms nnrl nrmnens inof thknha'(Del Deleted: - � � ,,(Deleted: Ex. A- Ordinance No. 2008- Deleted: 011 f Deleted:1/30/08 Page 1PCC13.44 (12/202,0) _______________________j__r 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 the franchisee. 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. (Ord.2020-005§1,202Q)____________________________________ __ Deleted: Ord.2018 ��� Deleted:08 13.44.3. Authority. Deleted: -001 The Board of County Commissioners of Deschutes County affirms, ratifies, recognizes, declares \ Deleted: t t and establishes the authority to regulate the construction, operation and maintenance of cable \ Deleted: §1,2018 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 -purchase provisions; Deleted: of4 15. Receivership and foreclosure procedures; 16. Compliance with County standards for public rights ofway;Deleted: - 17. Regulate telecommunications utilities which operate a cable communications system; Deleted: - Deleted:Ordinance No. 2008-011 Deleted:1/30/08 Page 2�1XJC13.(OS/202--------------------------------------------� m• 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. 0rd_2020_005§1,202Q)__________________________________________� -- Deleted: [fand when the County isauthorized to regulate direct broadcast satellite systems, it elects to do 13.44.4. Grant or Franchise RCRCWaI. u 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 m�� `\`, Deleted: franchise for a system, the Countv Administrator shall be directed to prepare a proposed l Deteted: Ord. z018 00; franchise, containing at least the following requirements for presentation to the operator: " Deleted: 08-011 i. The length, renewal and transfer or assignment of the franchise, including foreciosure and receivership provisions; Deleted: §1,2o1s 2. A description of the franchise territory and the extension ofservice; Deleted: 08 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, by order or resolution, may approve the proposed franchise, a_spropos_ed,-or- - -, . - - Deleted: <#Provision of an option for the County to modify or otherwise make amendments thereto as itdeems necessary. acquire the system upon revocation or expiration of the C. A request for renewal of a franchise will be considered and processed in conformance with franchise;¶ Federal law. (Ord. 2020-005 § 1-2 020 - Deleted: Ord. 2018-001 ------------------------------ ` Deleted: 08-011 13.44.5. Administration of cable Communications Chapter and Franchise. f Deleted: §1, 2018 A. The Board shall have the power to carry out any or all of the following functions: Deteted: 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; s ♦' o.-Revlew all f;a,rchisee records required by the franchise to t..e-LcQ.ar '-�- 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, I Deleted: of Deleted: - Deleted: - Deleted: Ex. A- Ordinance No. 2008- W 1 Deleted: 01 l (Deleted,l/30/08 Page 3JQCC13_44.----------(12/20M)------------------------------ 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, 2020) - - Deleted. Ord.2018-001 J 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. (Ord. 2020-005 U 2020) - - Deleted: Ord. 2018-001 -----------—--------------------------- - - - - - - Deleted. 08-011 13.44.7. Violation; Penalties and Remedies Deleted: §t, 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 or performing any of the acts or functions itemized under Section 13.44.; of this chapter, - - Deleted: 02(8) 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) _ - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ------------ ` - leted_O Derd. 2018-001 - ' Deleted:0Oi 13.44.8. Severability. f Deleted: §1, 2018 Invalidity of a section or part of this chapter shall not affect the validity of the remaining sections Deleted: 08 --� or parts of sections. (Ord. 2020-005 § 1, 2020) - - - - - - - - _ - ire i m Page4,MI3. (OS/202------------------- - - - - -- ------ ------ - Deleted: Ord. 2018 -- Deleted: 08 Deleted: -001 Deleted: ll Deleted: § 1, 2018 _� Deleted: 08 Deleted: of4 Deleted: - Deleted: - Deleted: Ex. A Ordinance No. 2008-01 I Deleted_I/30/08 __ DESCHUTES COUNTY HR-PERSONNEL RULES January 2021 Deschutes County - HR-Personnel Rules Section1 Introduction to Personnel Rules...................................................................................4 1 M !) D..rw.n A 1 .V IVY 1"'F%J0%1.....................................................................................................•.....•.................`. 1.020 Employee Acknowledgement..........................................................................................4 1.030 Personnel Rules Not a Contract.......................................................................................4 1.040 Adoption, Amendment, Administration..........................................................................5 1.050 Equal Employment Opportunity......................................................................................5 Section2 Definitions......................................................................................................................6 2.010 Definitions........................................................................................................................6 Section 3 Criminal Convictions Record Checks.........................................................................9 3.010 Policy...............................................................................................................................9 3.020 Purpose.................................................................................................................9 3.030 Classification Required to Authorize Criminal Background Checks ..............................9 3.040 Retention of Authorization..............................................................................................9 3.050 Procedures for Obtaining Criminal Background Checks.................................................9 3.060 Retention of Criminal Background Checks...................................................................10 3.070 Use of Criminal Background Checks............................................................................10 3.080 Limitation on Hiring or Appointing Volunteers............................................................10 Section 4 Application of Personnel Rules to County Employees.............................................11 4.010 Application of Personnel Rules.....................................................................................11 4.020 Represented Employees.................................................................................................11 4.030 At -Will and Contract Positions......................................................................................11 4.040 Personnel Services Contracts ............. ............. .... ............... ....... .................................:...1 1 4.050 No Guaranteed Employment..........................................................................................11 4.060 Amendment or -Modification of Personnel Rules..........................................................12 4.070 Deputy District Attorneys..............................................................................................12 4.080 Sheriff's Office..............................................................................................................12 4.090 Department Policies.......................................................................................................12 Section 5 Recruitment and Appointment of Employees......................................................13 5.010 Recruitment .............................................................................................13 5.020 Probationary Period.......................................................................................................13 5.030 Hiring Former Employees..............................................................................................14 5.040 Hiring Relatives, Domcstic Partners and Personal Acquaintances of Employees......... 114 Section6 Hours of Work............................................................................................................15 6.010 Work Schedules.............................................................................................................15 6.020 Rest and Meal Breaks ........................................ .................15 6.030 Alternative or Flexible Work Schedules........................................................................16 6.040 Outside Employment.....................................................................................................16 Deschutes County - HR-Personnel rules Page i Section7 Wage & Salary Administration..................................................................................17 7.010 Pay Plan.........................................................................................................................17 7.020 Pay Periods and Pay Days..............................................................................................18 7.030 Wage and Salary Adjustments.......................................................................................18 Section8 Personal Conduct........................................................................................................20 8.010 Code of Ethics................................................................................................................20 8.020 Conflict of Interest.........................................................................................................20 8.030 Political Activities..........................................................................................................22 8.040 Personal Appearance, Dress and Grooming..................................................................22 8.050 Smoking or Use of Tobacco Products...........................................................................23 8.060 Acceptance of Gifts.............................................................................................................23 Section9 Promotions, Demotions and Reassignments.............................................................24 9.010 Promotions.....................................................................................................................24 9.020 Demotions and Reassignments......................................................................................24 Section10 Leave...........................................................................................................................25 10.010 Authorization for Leave...............................................................................................25 10.020 Military Leave..............................................................................................................25 10.030 Leave of Absence Without Pay....................................................................................26 10.040 Family and Medical Leave...........................................................................................26 10.050 Special Leave - Closure of County Offices.................................................................26 10.060 Victims of Domestic Violence, Sexual Assault or Stalking Leave .............................26 10.070 Holidays............................................................................................................................27 10.080 Criminal Proceedings Leave.............................................................................................27 Section11 Discipline and Discharge...........................................................................................28 11.010 Discipline.....................................................................................................................28 11.020 Discharge.....................................................................................................................28 11.030 Appeals of Disciplinary Actions (Non -represented Employees Only)........................29 Section12 Grievances..................................................................................................................30 12.010 General.........................................................................................................................30 12.020 Procedure.....................................................................................................................30 12.030 Limitations on Grievances...........................................................................................31 12.040 Time Limits..................................................................................................................31 12.050 Extension of Time Limits............................................................................................31 12.060 Prohibited Practices.....................................................................................................31 Section13 Termination of Employment....................................................................................32 13.010 Voluntary Terminations...............................................................................................32 13.020 Involuntary Terminations.............................................................................................32 13.030 Loss of Longevity and Seniority..................................................................................33 13.040 Recall After Layoff......................................................................................................33 13.050 Death............................................................................................................................34 Deschutes County - HR-Personnel Rules Page 2 13.060 Final Paycheck.............................................................................................................34 13.070 Exit Interviews.............................................................................................................34 i .. �t..a,., . Li:..a,...-.....a LC99„'1J11111VG 1113tV1,' i1Vt,[111V11J......................................................................................................JJ Deschutes County - Hn-Personnel rules Page 3 Section 1. INTRODUCTION TO PERSONNEL RULES 1.010. Purpose. 1.020. Employee Acknowledgment. 1.030. Personnel Rules Not a Contract. 1.040. Adoption, Amendment, Administration. 1.050. Equal Employment Opportunity. 1.010. Purpose. The Deschutes County Personnel Rules ("Personnel Rules") are intended to establish personnel procedures and to provide guidelines for the standards of performance, employee responsibilities, behavior and conduct that are expected of all Deschutes County employees. The Personnel Rules serve as a guideline for personnel administration in the following areas: A. Recruiting, selecting, and advancing employees on the basis of ability, experience, knowledge, and skills. B. Providing equitable and adequate compensation. C. Training employees, as needed, to help achieve high performance and operating efficiency. D. Retaining employees on the basis of performance, including regular evaluations of employee performance and corrective or disciplinary actions if necessary or appropriate. E. Assuring, in accordance with applicable laws, the fair treatment of all applicants and employees in recruitment, selection, promotion, training, discipline, discharge and all other aspects of personnel administration without regard to race, color, national origin, sex, religion, age, marital status, family relationship, sexual orientation, physical or mental disability (provided reasonable accommodation can be made for any such disability), political affiliation, or any other classification protected by Oregon or federal law, and with proper regard for the privacy and constitutional rights of applicants and employees. F. Assuring that employees are protected against political coercion, are prohibited from using their official position for the purpose of interfering with or affecting the result of an election or a nomination for office and, in accordance with Oregon public employee ethics laws, with the exception of official compensation, are prohibited from using their official position for the personal benefit or gain of the employee and/or the employee's relatives. 1.020. Employee Acknowledgment. Each County employee shall acknowledge, by signature on a form approved by the Personnel Department, that the employee has received, read and understands the Personnel Rules. 1.030. Personnel Rules Not a Contract. The Personnel Rules are not a contract, either express or implied. Employment with Deschutes County is at -will which means that either Deschutes County or the employee can terminate the employment relationship at any time for any reason. Deschutes County reserves the right, at any time, unilaterally and without notice, to revise, add to, delete, supplement, or rescind all or any part of the Personnel Rules and any and all policies adopted by the County, including any practices or procedures followed or permitted and any benefits provided, which are not otherwise required by law or which are the mandatory subjects of bargaining under an existing collective bargaining agreement or under provisions of State law. Employees will be notified in writing of any changes to the Personnel Rules or to adopted written County policies. Deschutes County - HR-Personnel Rules Page 4 1.040. Adoption, Amendment, Administration. A. Adoption. Personnel Rules are adopted by County ordinance. The Personnel Rules become o� .+;�,o - +I,- +i,— r .,,r+., ,...,7:,..,,--- ---1 , ,:tt 1.. 3 :i 1.i : � A. el.-LiAwil VN 111 LEW Smile lilaiuler as ally OLIWI ...,ullty V1u111MIC10 allu w111 D� mauc avauavic ui Me Personnel Department and in all departments. If the County maintains an Internet or Intranet site or sites, the Personnel Rules shall be available for viewing on the County Internet site and the County Intranet site. B. Amendment. A request for a change in the Personnel Rules may be submitted to the County Administrator in writing at any time by the Board, any department head or any employee. All amendments or changes to the Personnel Rules must be approved by the Board and shall be adopted by County ordinance. C. Administration of Rules: The County Administrator, through his or her administrative departments and offices, shall be responsible for the administration and management of the County, including the administration of the Personnel Rules and the County personnel system. The County Administrator shall make recommendations to revise these rules, administer the classification and compensation plan and implement such policies and procedures as may be necessary to implement and administer the Personnel Rules. 1.050. Equal Employment Opportunity. Deschutes County is an equal opportunity employer and does not discriminate against any employee or applicant for employment with respect to any aspect of recruitment, selection, employment, advancement, discipline or discharge on the basis of race; color; national origin; sex; religion; marital status; family relationship; sexual orientation; gender identity; age; physical or mental disability (provided reasonable accommodation can be made for any such disability); political affiliation; being a victim of domestic violence, sexual assault, or stalking; service in a uniformed service; association with a protected class; or any other classification protected by Oregon or federal law, Deschutes- County - HR-Personnel Rules Rage 5 Section 2. DEFINITIONS 2.010. Definitions. The following definitions apply whenever the indicated term is used in the Personnel Rules: "Board" is the Board of County Commissioners of Deschutes County, Oregon. "Collective Bargaining Agreement" is a written contract with a recognized labor union or association relating to the terms and conditions of employment of the represented group of employees. "Contract Employee" is an employee providing services under an employment agreement. "County Administrator" is the individual charged by the Board of Commissioners with control and supervision of County administration, County departments, divisions, offices, districts and agencies, per Chapter 2.05 of the Deschutes County Code. "Department Head" is an individual appointed by the County Administrator to supervise a County Department, or elected by the voters to supervise a department that is by statute or charter led by an elected official. "Deputy District Attorney" is an attorney appointed by and working under the direction of the elected District Attorney. "Deputies" are appointees of Deschutes County elected officials serving during the term of office of the respective elected officials. "Domestic partners" are: 1. The same sex; 2. 18 years of age or older; 3. Not legally married to anyone; 4. Each other's sole domestic partner living together in a spousal equivalent relationship; 5. Sharing the same regular permanent residence; have done so continuously for at least six (6) months immediately preceding the date of submitting an affidavit of domestic partnership and intend to continue to do so indefinitely; 6. Financially interdependent and jointly responsible for "basic living expenses"; 7. Not related by blood so close as to bar marriage in the State of Oregon; and 8. Are mentally competent to consent to contract currently and when the domestic partnership began. "Employment Agreement" is a contract between the County and an employee which defines all or part of the employment relationship. Upon termination or expiration of an employment agreement, the employment relationship terminates. "Exempt Employee" is an employee who is exempt from the overtime provisions of the Fair Labor Standards Act and State of Oregon overtime laws. "Good Standing" means having a current performance evaluation of meets or exceeds standards and not being under any current discipline or work improvement plan. "Grievance" is an oral or written complaint regarding application of the Personnel Rules, discipline imposed on an employee or the discharge of an employee. "Grievant" is the person or persons initiating a grievance. "Grieve" means to initiate a grievance. "Hourly Employee" is an employee who works less than half time on a year-round basis. Deschutes County - HR-Personnel Rules Page 6 "Job -Share Employees" are employees who job -share are part-time employees who share a full- time position normally held by one employee, on an equal basis. It is not two separate half-time positions. "Lend wnrlrPr" k an Pmnln:7PP r]P1 PaafPri limitP!] eiinPrvienrir in iirrofinre hi7 fl-s� r�tw5vi�niran�c `._...� .. .,a�a_� a., »a. �.aaat,a..J.....,......b»�.........�...... ...,..1......1..�.1J ur.a�a v.. 111 r•lluub aiy ally vallrlvy vv a department head. Limited supervisory duties include distribution of work assignments, oversight of work performed, maintaining a balanced workload among a group of employees, reviewing completed work, and maintenance of records of work production and attendance by employees. Lead workers do not impose discipline or conduct performance evaluations. "Length of Service" is an employee's continuous full-time or part-time service with a County department. "Limited Duration Position" is a position funded by a discrete revenue source with a known expiration date. An employee in a limited duration position may be terminated on the date the funding expires and such termination shah be considered a voluntary termination. Based upon the terms of the funding source, the conditions of compensation and benefits may differ from the compensation and benefits payable to regular County employees performing substantially similar work. The term of employment of an individual in a limited duration position may exceed 18 months without conferring with the individual. The County may, in its sole discretion and based upon additional discrete revenue, extend the term of employment past the initial funding expiration date and such extension shall not change the limited duration status of the employee. "Longevity" is an employee's continuous full-time or part-time service as a County employee. "Merit Step Increase" is an increase in an employee's pay from one step of the pay grade for the employee's position to a higher step of the pay grade for the employee's position. "Non -Exempt Employee" is an employee subject to the overtime provisions of the Fair Labor Standards Act and/or State of Oregon overtime laws. "Non -Represented Employees:" All employees who are not represented members of a bargaining unit. "On -Call Employee" is an employee who does not have regular hours of work or a regularly assigned work schedule and who is available to work on an as -needed bases. There is no guarantee of any hours of work for any on -call employee. "Part-time Employee" is an employee who works at least one-half (1/2) time. "Pay grade" is the range of pay assigned to a Position Description on the salary schedule. "Pay step" is one of the established levels of pay within a pay grade. "Personal. Services Contract" is a contract between the County and an independent contractor to perform personal services for the County. "Personnel Department" is the County department desiO ated by the County Adrnini-, ratnr to administer the Personnel Rules and all other human resource matters for the County. "Personnel File" is any file maintained by the County which contains employment records of an employee. "PP ,znrnn Pl Piil1 Pfl" ?rP fl?P nilpe it+ liner �tifAe ant: fxr !~ :rac e. vavvam.ava wau.avv wwv uaam aeroavU, g✓VsavavU, unto $JIVVVS6O.il VU UV4 iV14111111>VU VIINI.VU vvullt� ar Va.tad, 1 Title 3. 66T _.__ _ _ i Manager" ;l. _ t t 1 t sy t 1-erso lnel Services Manager is one person charged by the County Administrator with the responsibility of coordinating and overseeing all personnel management for the County. "Position" is two or more descriptions grouped by an occupation, discipline, or tape of work. "Position Authorization" is authorization for a specific position as approved in the adopted r.__nt_. �,vuu�y vuugVt. Deschutes County = HR=Personnel Pules Page 7 "Position Description" is a written statement of the nature of the work to be performed, indicating duties and responsibilities, representative examples of work and general minimum recruiting qualifications. This is also referred to as a "Job Description." The Position Description may also be referred to by Position Title. "Position Title" is the name assigned to a Position Description. "Probation" or "Probationary Period" is a period of trial service during which an employee's work performance and standing to become a regular employee is evaluated by the County. "Regular employee" is a full-time or part-time employee who has successfully completed probation and who works on a year round basis. "Regular full-time employee" is a regular employee who is scheduled to work the established hours for a full-time position on a regular, year-round basis. "Regular part-time employee" is a regular employee who is scheduled to work at least one-half of the established full-time work schedule for the particular position on a regular, year-round basis. "Represented Employees" are employees who are members of a recognized bargaining unit. "Retiree" is an individual who has retired from County service. "Seniority" is an employee's continuous full-time or part-time service in a particular position with the County. "Supervisor" is defined as an employee who has authority over hiring, salary administration, evaluation, transfer, promotion, demotion, discipline, grievance adjustment, or recommendations on any personnel action, as well as day-to-day supervisory responsibilities. "Temporary employee" is a person who has been hired by the County to work for a period not to exceed 18 months. Some temporary positions may also be limited duration positions. "Volunteers" are persons who perform services for the County and do not receive from the County salary, wages or any other form of remuneration for services performed. Deschutes County - HR-Personnel Rules Page 8 Section 3. CRIMINAL CONVICTIONS RECORD CHECKS 3.010. Policy. 3.020. Purpose. 3.030. Classification Required to Authorize Criminal Background Checks. 3.040. Retention of Authorization. 3.050. Procedures for Obtaining Criminal Background Checks. 3.060. Retention of Criminal Background Checks. 3.070. Use of Criminal Background Checks. 3.050. Limitation on Hiring or Appointing Volunteers. 3.010. Policy. In order for Deschutes County government to operate effectively, persons selected for emplo-,ment or as a public 0—v e volunteer YVAL1 Deschutes County lllust have the 111611est degree of citizen and public trust and confidence. 3.020. Purpose. All Deschutes County employees and public service volunteers represent the county to its citizens. Many county employees and volunteers have responsibilities to regulate and maintain public health and safety. Some County employee classifications require access to public funds and property, and possess access to privileged and proprietary information submitted to the county in confidence. 3.030. Classification Required to Authorize Criminal Background Checks. Applicants for employment and appointed volunteers with Deschutes County will be required to authorize the County to conduct a criminal conviction information check through the Oregon State Police LEDS system if their job duties require the following activities: • Delivering services to minors • Handling/processing cash and/or checks • Law enforcement related (deputies, detention, parole/probation) • Certified and/or licensed Health and Mental Health care workers ® Maintaining confidential medical and/or criminal records • Building Services Any other classification of job duties authorized by the Esoard of County Commissioners 3.040. Retention of Authorization. The Personnel Department, who will request that the Deschutes County District Attorney or Sheriff's Office conduct the check, will maintain the criminal convictions authorization form sued by the applicant. 3.050. Procedures fur Obtayiiiiiig Criminal Backgground Check7s. Ail a6.ithor ized employee of Deschutes Count DI Lilct CBitoiiley'3 or Silei lfi�9 Offices, trained and authorized to perform criminal conviction checks through the LEDS system, will conduct the check on the prospective employee or volunteer and orally report to the Personnel Department that the applicant's record indicates "no conviction record" or "conviction rarnrfV T4 4fba is rs rn 4-A — 11 i vvVlu li Lttyion reco-Atl +U- Dn -I -FF"V""v J 1vvwlu 10 1vtV1 LV" "a conv1GL1Lu Tl,. .....F.-...,....t , L11G 1 G1JV1111G1 11 GilQ.l L111G11L will, under OAR 257-10-025(C), request a written criminal conviction report from the OSP identification services section and pay the applicable fee for this service. The Personnel Deschutes County - HR-Personnel Rules Page 9 Department will make the written criminal conviction record available to the employment or volunteer selecting official for his or her consideration in making the selection. 3.060. Retention of Criminal Background Checks. The written criminal conviction record on persons that are not hired or appointed as a volunteer will be retained in accordance with the requirements of OAR 166-40-080 for a period of three years and thereafter will be destroyed by shredding. The criminal conviction record of applicants and volunteers with a criminal conviction that are hired or appointed, will become a part of the confidential personnel files of that employee or volunteer. Access to confidential personnel files is limited to only authorized persons who have an official need to access such files that is sanctioned by law or regulation.) 3.070. Use of Criminal Background Checks. Applicants for employment or appointment as a volunteer that have a felony criminal conviction, or a history of conviction of a misdemeanor involving moral turpitude or theft, will be closely examined by County Personnel, Legal and Risk Management Departments to determine if the applicant possesses the required degree of citizen and public trust and confidence. The County will not rely exclusively on LEDS records but will request confirmation from the applicant. Each employment or volunteer selection will, however, be made on an individual, case -by- case basis, taking into account the applicant's qualifications, the requirements of the particular job or volunteer post applied for, and the results of the criminal conviction check. Factors such as the age of an offender at the time of the offense, the type of offense and subsequent rehabilitation, and the public sensitivity of the position under consideration, must be taken into account in evaluating a criminal conviction report. The County Administrator and/or Board of County Commissioners will approve the final candidate selected for employment or volunteer duties. 3.080. Limitation on Hiring or Appointing Volunteers. Hiring or appointing a volunteer with a criminal conviction record will require a positive recommendation by the selecting official and the approval of the appropriate county elected official or governing body, after full disclosure and consideration of the criminal conviction and the applicant. Deschutes County - HR-Personnel Rules Page 10 Section 4 APPLICATION OF PERSONNEL RULES TO COUNTY EMPLOYEES 4.010. Application of Personnel Rules. m.020. Represented Employees. 4.030. At -Will and Contract Positions. 4.040. Personnel Services Contracts. 4.050. No Guaranteed Employment. 4.060. Amendment or Modification of Personnel Rules. 4.070. Deputy District Attorneys. 4.080. Sheriffs Office. 4.090. Department Policies. 4.010. Application of Personnel Rules. The Personnel Rules apply to all County employees, including all deputies and employees working under an elected official, except as otherwise provided in this chapter. 4.020. Represented Employees. 9 1 Employees subject to a coiiective bargaining agreement are subject to the Personnel Rules to the extent the Personnel Rules do not conflict with the terms of the applicable collective bargaining agreement. In the event of conflict between the terms of a collective bargaining agreement and the Personnel Rules or personnel policies adopted pursuant to these Rules, the terms of the collective bargaining agreement shall take precedence and shall be controlling. 4.030. At -Will and Contract Positions. The County may create "at -will" and "contract" positions at its discretion. The County can designate any new employee or position as an at -will or contract employee or position, unless such designation is prohibited by statute or by the terms of an applicable collective bargaining agreement. The County may enter into individual employment agreements that supersede all or any portion of the Personnel Rules. At -will employees have the right to resign their position with County at any time for any reason. The County may terminate the employment of an at -will employee at any time, for any reason, with or without notice, and with or without cause. The employment of an employee providing services to the -County under an employment agreement shall be governed by the terms of the employment agreement. 4.040. Personal Services Contracts, Any person providing services to the County under a personal services contract is an independent contractor and is not an employee for any purpose of the Personnel Rules. d(140 V n f'_ v en"+nnA F'zrn aelanv nmaa! •v✓v. ♦voa vaa sta asaaca.m.a.a ..,naa�aaao, naao.aac. The Personnel Rules do not provide any guarantee of employment or guarantee of employment for any definite period of time. Deschutes �oanty - HR-Personnel Rules Rage 11 4.060. Amendment or Modification of Personnel Rules. The Personnel Rules may only be amended or modified by the Board. No department head, manager, supervisor or employee has any authority to waive, amend or modify the Personnel Rules. Only the Board or the County Administrator has the authority to enter into an employment agreement or contract of employment with any employee. 4.070. Deputy District Attorneys. Deputy District Attorneys are at -will employees and, as such, may resign from their position or have their employment terminated at any time, for any reason, with or without notice and with or without cause. Deputy District Attorneys are subject to appointment, promotion, demotion, re- assignment within the office of the elected District Attorney and to discipline or discharge at the sole discretion of the elected District Attorney. Only Steps I and II of the grievance procedure shall be available to Deputy District Attorneys. 4.080. Sheriffs Office. These Personnel Rules shall be construed so as not to conflict with the statutory authority of the Sheriff to organize the work of the Sheriff's Office or with the statutory authority of the Sheriff to establish hours of work for the Sheriff's Office consistent with applicable law and applicable collective bargaining agreements. 4.090. Department Policies. A. Because of the number and diversity of County departments, it is expected that different operating policies and procedures may be necessary for the efficient and effective operation of the different County departments. B. Each department head may establish operating policies and procedures for the department head's department for the purpose of addressing operating issues that are unique to that department. However, no department policy regarding personnel matters shall be effective until the policy is reviewed and approved in writing by the County Administrator and County Legal Counsel. Department policies may not conflict with the Personnel Rules and may not be less restrictive than the Personnel Rules or any countywide personnel policies approved by the Board. In the event of any conflict between any department policy and the Personnel Rules or any County policy, the Personnel Rules and/or County policy shall take precedence and shall be controlling. C. Departments proposing to establish a department -specific personnel policy must provide the proposed policy in writing to the County Administrator. The County Administrator will consult with County Legal Counsel regarding the proposed policy. If the proposed policy is approved by the County Administrator and County Legal Counsel, it may be implemented by the department. D. A copy of each policy implemented by a department shall be provided to the Personnel Department, to County Legal Counsel, and to each department employee and shall be made available for reference within the department and in the Personnel Department. Deschutes County - HR-Personnel Rules Page 12 Section 5. RECRUITMENT AND APPOINTMENT OF EMPLOYEES 5.010. Recruitment of Employees. 1; 2(t_ Prnhatinnnry Pprinfl 5.030. Hiring Former Employees. 5.040. Hiring Relatives, Domestic Partners and Personal Acquaintances of Employees. 5.010. Recruitment of Employees. It is the policy of Deschutes County to recruit and select the most qualified individuals for employment with Deschutes County. Recruitment and selection shall be conducted to ensure open competition, provide equal employment opportunity, and to prohibit discrimination because of race, color, national origin, sex, religion, age, marital status, family relationship, sexual orientation, physical or mental disability (provided reasonable accommodation can be made for any such disability), political affiliation, or any other classification protected by Oregon or Federal law. The Personnel Department is responsible for overseeing and administering the recruitment and selection of County employees in accordance with the County's Recruitment and Selection Policy. 5.020. Probationary Period. A. Represented employees. For employees who are covered by a collective bargaining agreement, the length and conditions of probationary (trial service) periods are provided in and governed by the applicable collective bargaining agreement. B. Non -represented employees. All newly hired and newly promoted non -represented employees shall be on probationary (trial service) status until the employee completes at least twelve (12) full months of continuous employment with the County and has received from his or her and department head or supervisor a written one-year performance evaluation for which the employee is given an overall rating of meets or exceeds standards. An employee on probationary status is not eligible to be removed from probation and assigned regular employee status if the employee does not receive an overall rating of meets or exceeds standards on the employee's one-year performance evaluation. l . Each probationary employee shall be given a written performance evaluation at approximately two (2) and six (6) months into the employee's probationary period. Each probationary employee shah also receive a performance evaluation at twelve (12) months. The probationary evaluation schedule may not be modified except by mutual agreement between the employee and his nr her department head, 2. An employee on probationary status is an at -will employee and as such, may resign from his or her position at any time, with or without cause and with or without notice, and may have his or her employment terminated by the County at any time, with oMP or withit nnzlen-nd vuith nr x1r;t6n33t nntir�p �3i1�1?t13 16 r f nr fk� 4armir �tir�ri r f V� .. r.�v»e susenvv waaa.. ♦yawn va ♦. ie,aiV w. iiV sivm.. ie iVO/it111a1V Vl Vl 411V 4V1111111K1 Vll Vl employment of a probationary employee may not be grieved. 3. If a department seeps to extend the probationary period for an employee on probationary status, a request for extension of probation shall be made by the department head to the County Administrator and may only be granted by the County Administrator. Extensions of probation will only be granted in unusual circumstances, and shall be in ,)A -,I .- U_ ._--- ----- _rnn A__ JVUay Increments,11VId 111UN1111U111 01 V V Uays. Deschutes Bounty = H =Personnel l'ules Page 13 4. Employees in limited duration positions whose positions are extended for subsequent limited duration time periods shall not by the virtue of the extension serve another probationary period. 5.030. Hiring Former Employees. A. Limited option to reinstate former employees. If an employee resigns his or her position with the County in good standing, upon approval of the department head and the County Administrator, the employee may be reinstated to his or her former position, without loss of longevity or credit for prior County service, for a period of time not to exceed three (3) months from the effective date of the employee's resignation so long as the employee's former position has not been eliminated or filled through appointment or recruitment. B. Other former employees. Former employees who are not eligible for reinstatement pursuant to subparagraph A of this section, and who are otherwise eligible for re -hire with the County, must follow the regular application, recruitment and selection procedures when applying for vacant positions with the County. C. Re -hiring retirees. Individuals who retire from County service shall not be rehired in a position that would require the County to contribute into a retirement system at the same time that the employee is receiving a pension payment from a County -funded retirement plan. Such employees shall be hired as non -benefited, on -call employees and shall be subject to the restrictions of the Public Employee Retirement System as they relate to retired employees returning to work for a PERS employer. 5.040. Hiring Relatives, Domestic Partners and Personal Acquaintances of Employees. A. The County's employment goal is to hire employees who are qualified and competent, using a competitive process that is valid and fair. The County will maintain impartiality in recruitment and hiring. The County will not give hiring preference to relatives, domestic partners or personal acquaintances of current employees. B. Pursuant to ORS 659A.309 as it currently exists or as amended, the County shall not refuse to hire or employ an individual, bar or discharge an individual from employment, or discriminate against an individual in compensation or in terms, conditions or privileges of employment solely because a relative or member of an individual's family works or has worked for the County. C. No member of an individual's family, as the term "member of an individual's family" is defined in ORS 659A.309(3) (wife, husband, son, daughter, mother, father, brother, brother- in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent or stepchild of the individual), or domestic partner of the individual, who is a County employee, shall be permitted to serve in a direct supervisory capacity over or under that individual. If the hiring, assignment, transfer or promotion of an individual would place the individual in a position of exercising supervisory, appointment or grievance resolution authority over a member of the individual's family or in a position of being subject to the exercise of such authority by a member of the individual's family, the county may deny such hiring, assignment, transfer or promotion of that individual. These provisions shall also apply to hiring, providing oversight to, and/or supervising of contracted staff (i.e., through a temporary staffing agency or a personal services contract). Deschutes County - HR-Personnel Rules Page 14 Section 6. HOURS OF WORK 6.010. Work Schedules. 6,020_ Rest and MPA Rronke_ 6.030. Alternative or Flexible Work Schedules. 6.040. Outside Employment. 6.010. Work Schedules. A. Reporting time. Employees must be at their designated workspace on time and ready to work. Employees shall remain at work until the end of the employee's work day or work shift, unless permission to leave earlier is granted by the employee's supervisor or departrlent head. If an employee is not able to report for work, the employee must notify his or her supervisor as soon as possible prior to the employee's scheduled shift of his or her inability to report to work, the reason the employee is not able to report to work, and the estimated length of time before the employee will be able to return to work. An employee's failure to report to work without prior notification to the employee's supervisor or department head shall be considered an implied resignation by the employee unless circumstances beyond the control of the employee reasonably prevent the employee from reporting to work or notifying his or her supervisor or department head of the employee's inability to report to work. B. Hours of work. Work hours are established by the County Administrator. Department heads shall have personnel available to serve the public at all times during work hours, unless otherwise authorized by the County Administrator. Department heads may establish flexible work schedules, subject to approval by the County Administrator, so long as the flexible work schedule is in compliance with other sections of the Personnel Rules, the terms of any applicable collective bargaining agreement and all applicable wage and hour laws. C. Work week and work schedules. The standard work week for Deschutes County employees is Sunday through Saturday. Except as may otherwise be defined in a collective bargaining agreement, work schedules for each department shall be determined by the department head, subject to approval by the County Administrator. 6.020. Rest and Meal Periods. A. A. Rest periods. Each employee shall be provided an uninterrupted rest period of fifteen (15 ) minutes for every four hours in a work period, to be taken as close as possible to the midpoint of each four-hour work period. Rest periods must be provided and taken separately from the employee's meal period and cannot be saved up to lengthen the employee's meal period or to allow an employee to leave work early. B. Meal periods. 1, Ai 1 employees who wort- more than six (6) hours in a work day shall be given a meal *+.rind durrino, the PrnnlnvPP'-z vvnrk shift FsnPnt xxrhPn dm- to thi- nnhirp nnd r , , circumstances or an employee's work, an employee is required to remain on duty or to .� �1 e. during 1_ 1 ' / J� 1 1 f , , perlorimn woflK tasks during the employees meal period, the employees meal period shall be taken as close as possible to the middle of the employee's work shift. Meal periods shall be at least thirty (30) continuous minutes in length. 2. Non -duty meal periods are the employee's own personal time. During a non -duty meal 7 / e, 1 111 4 peit0u, Ann erniployee Nil 11 UG 11GG LV M VG 111J Ul 11G1 WUM NUIL1U11 a11U J11Q11 110L UC expected to perform any work. In the event of an emergency or other circumstance in Deschutes County - .HR-Personrnel .Rules Page 915 which an employee is required by his or her supervisor or department head to remain on duty or to perform work tasks during the employee's designated meal period, the meal period will be paid time. 3. Meal periods cannot be skipped or shortened to less than thirty (30) continuous minutes in length to allow an employee to leave work early. C. Expression of Breast Milk. An employee shall be allowed an unpaid 30-minute rest period to express milk during each four-hour work period, or the major part of a four-hour work period, to be taken by the employee approximately in the middle of the work period unless the County determines an undue hardship under state law (ORS 653.077). The County may require, if feasible, that the employee take the rest periods at the same time as the rest periods or meal periods that are otherwise provided. This shall only apply to employees expressing milk for her child 18 months of age or younger. The County shall make reasonable efforts to provide a location, other than a public restroom or toilet stall, in close proximity to the employee's work area for the employee to express milk in private. 6.030. Alternative or Flexible Work Schedules. If an employee is interested in working an alternative or flexible work schedule, the employee must submit a written request to his or her department head. Alternative or flexible scheduling shall only be permitted if approved by the employee's department head, if department operations and public service requirements will not be adversely affected, and if the alternative or flexible schedule does not conflict with these Personnel Rules, any applicable collective bargaining agreement or any applicable wage and hour law. 6.040. Outside Employment. County employees may, in general, engage in employment or business outside their work for the County. However, employees shall not utilize county time, materials, equipment or resources for such outside employment or business, or allow such employment or business to conflict with, or appear to conflict with, the employee's work for the County or with the interests or business of the County. No employee may perform any service or employment, outside of County employment, or engage in any business for which the employee receives compensation during the employee's County work hours. Employees may be subject to other requirements depending on department needs. Questions or issues regarding any actual, potential or apparent conflict of interest shall be resolved by the County Administrator. Any outside employment or business obligations must not interfere with or adversely affect the employee's ability to fulfill all of the employee's responsibilities to the County. If, in the judgment of the employee's department head, an employee's outside employment or business interferes with or adversely affects the employee's performance of duties for the County, the department head may require the employee to terminate the outside employment or business. Under such circumstances, the failure or refusal of an employee to terminate outside employment may be grounds for termination of employment with the County. Deschutes County - HR-Personnel Rules Page 16 Section 7. WAGE AND SALARY ADMINISTRATION 7.010. Pay Plan, 7.020. Pay Periods and Pay Days. 7.030. Wage and Salary Adjustments. 7.010. Pay Plan. The pay plan will include a schedule of rates of pay for all County positions. The objective of the pay plan is to provide a competitive salary structure to recruit and retain qualified employees. A. Pay grades will be established based upon the following factors: 1. The relative difficulty and responsibility of work; 2. The recruiting experience of the County; 3. The prevailing rates of pay for comparable public sector employers. Prevailing rates of pay in the private sector may be used depending on the pay grade or position being reviewed. 4. Cost -of -living.- 5. The financial policies of the County; 6. Internal equity; and 7. Other relevant economic considerations. B. The Personnel Department is responsible for the development and administration of the County pay plan. A County -wide pay plan for all County positions shall be adopted by the Board as a part of the annual budget adoption process. Pay grade adjustments for individual positions may be approved outside the budget process by the County Administrator if no budget amendment is required to fund such adjustment or adjustments. C. Pay rates. 1. Generally: Each employee shall be paid at one of the steps in the approved pay grade for the employee's position. No employee can receive base pay in excess of the established maximum step of the pay grade for the employee's position. 2. Longevity pay. For employees covered by a collective bargaining agreement, longevity pay shall be provided in accordance with the terms of the applicable collective bargaining agreement. For employees not covered by a collective bargaining agreement, the following shall apply: _ a. Longevity is determined by an employee's continuous fail -time or part-time service as a County employee. Full-time employees who have worked continuously for the County shall receive additional pay per month for each five years of continuous service. h Frer Qr+nre�re���c e Fh7nrL 1Y1f7 !f 6'@ 1'�ar1 fe311_!'tmcati1„+ at ]c�aef ?-e�l� tuna lrar.ra�:.;t_, �1�z11 itm v. a va waaar nv J o.vv ♦. vaa>ial� avvv LilUai lull LtiliV VUL UL 1VUJL L1U11-"'L1111V, LVll�y V 1L�' r3116611 V4+ pro -rated by using the ratio of the regularly scheduled work hours for the employee to Me regularly scheduled work hours for a full-time position. Employees working less than half-time shall not accrue longevity and shall not receive longevity pay. c. Longevity amounts for non -represented employees shall be equivalent to amounts provided for in the collective bargaining agreement between Deschutes County and ATCf! 1.i T. T ___ 111 nnrr ____t _-- _lt__.-__'__ _]•._.... ]t. ,1 ram. / , r r 1 . tirJl.lvlr, I oval -1" / unless otIIerwise adjusted oy the Deschutes County Budget Committee during the annual budget approval process. Deschutes County = HR=Per§onnel Pules Page 17 d. Longevity shall terminate in the event of the following: (1) Voluntary termination for more than three (3) months, except under special circumstances to be determined by the County; (2) Discharge for cause; (3) A lay-off of more than eighteen (18) months; (4) An unexcused failure to report to work at the termination of an extended leave of absence; (5) Acceptance of other employment without the permission of County while on a leave of absence; or (6) Retirement. 7.020. Pay Periods and Pay Days. A. Full-time and at least half-time employees. Pay periods for full-time employees and for employees who are regularly scheduled to work at least half-time shall run from the first day of the month through the last day of the same month, with payment for that period to be made on the last work day of the month. If the last day of the month falls on a holiday or a weekend, payday for that pay period will be the last work day preceding the holiday or weekend. B. Temporary, hourly and on -call employees. Pay periods for temporary, hourly and on -call employees shall run from the day after payroll cut-off in a month to the date of payroll cut- off in the subsequent month. C. New employees. Employees beginning employment on or before the 251h of the month will receive their first paycheck at the end of the month they begin their employment. Employees beginning work after the 25th of the month will receive their first paycheck at the end of the month following their first month of employment. 7.030. Wage and Salary Adjustments. A. New employees. New employees shall generally be hired at the first step of the pay grade. When a new employee has extensive prior experience and the department head believes it is justified, an employee may be hired at the second step of the pay grade. Hiring at Step 3 or above requires prior approval by the County Administrator and will only be granted in extraordinary circumstances. B. Merit step increases. In addition to cost -of —living pay increases, if funds are available and appropriated, employees are eligible for merit step increases, provided their performance has met or exceeded performance standards established by the department head and/or the employee's supervisor. For an employee to receive a merit step increase, the employee's department head must complete a written performance evaluation of the employee with a recommendation for the increase. The amount of an authorized merit step increase will be determined by the adopted pay plan. Employees who are at the top step in their pay grade are not eligible for merit step increases. Employees shall be eligible for merit step increases on their eligibility date. An employee's eligibility date is based on the employee's date of hire as follows: If hired on or before the fifteenth (15th) of the month, the employee's eligibility date shall be the first day of the month in which the employee was hired; if hired on or after the sixteenth (16th) of the month, the employee's eligibility date shall be the first day of the month following the month in which the employee was hired. Supervisors shall complete a scheduled performance evaluation for on -call and hourly employees after the employee has Deschutes County - HR-Personnel Rules Page 18 been employed for at least 12-months and worked at least 1,000 hours. Subsequent scheduled evaluations shall be when the employee has worked at least another 12-months and at least an additional 1,000 hours. On -call and hourly employees are eligible for a merit step increase when receiving a cchecluled nerfonnnnee. evaluatinn A demrtment heal m;ev authnri-ZP a performance evaluation for an on -call or hourly employee before the required hours have been worked, if in the department head's discretion such an evaluation is necessary or prudent. In unusual circumstances and with County Administrator approval, a department head may authorize a merit increase along with an unscheduled performance evaluation. C. Cost -of -living increases. As part of the annual budget adoption process, the Board will determine what cost -of -living increase, if any, will be applied to the County's pay plan. Increases are contingent upon the availability and appropriation of funds. 'Cost -of -living pay increases are not guaranteed and are subject to the discretion of the Board. 1 . Upon prior approval by the County Administrator, a non -represented employee is eligible to receive a 5% or 10% differential for performing lead work. The lead work must be assigned in writing by the employee's department head. Lead work may include the coordination and assignment of work duties to assigned employees and/or the review of employee work to ensure work quality and compliance with applicable methods, policies, and procedures. Exalllples of lean work !dude U1JL11UUL1V11 U1 WUfK aSSlgnrflents to employees, maintaining a balanced workload among a group of employees, or reviewing the completed work of employees. The lead pay must be approved by the County Administrator in advance of the employee receiving the assigned lead duties. Retroactive lead pay is not allowed. E. Upon prior approval by the County Administrator, a non -represented employee is eligible to receive on -call pay at a compensation rate of up to the equivalent of two hours per day at their current hourly rate. An employee receiving on -call pay must be able to be contacted by phone or pager during the on -call period and respond in a timely manner as determined by the department. Deschutes County - HR-Personnel Rules Page 19 Section 8. PERSONAL CONDUCT 8.010. Code of Ethics. 8.020. Conflict of Interest. 8.030. Political Activities. 8.040. Personal Appearance, Dress and Grooming. 8.050. Smoking or Use of Tobacco Products. 8.060. Acceptance of Gifts. 8.010. Code of Ethics. All County employees have a responsibility to the County and its citizens to engage in duties for the County in a manner that will merit the trust and confidence of the public. As such, all County employees are expected to be fair, honest, ethical and professional in their conduct, to adhere to the spirit and letter of all applicable laws and regulations that apply to the performance of the employee's duties and to refrain from any illegal, dishonest or unethical conduct in the performance of the employee's duties. All County employees are considered to be public officials. As such, each County employee is subject to, is expected to be familiar with, and is expected to conduct himself or herself in accordance with the State of Oregon Government Standards and Practices Law (ORS Chapter 244) ("Ethics Law") as it currently exists or as amended. The Ethics Law provides, in part: "No public official shall use or attempt to use official position or office to obtain financial gain or avoidance of financial detriment that would not otherwise be available but for the public official's holding of the official position or office, other than official salary, honoraria ... reimbursement of expenses or an unsolicited award for professional achievement for the public official or the public official's relative, or for any business with which the public official or a relative of the public official is associated." Any violation by a County employee of State of Oregon Ethics Law is a violation of the Deschutes County Personnel Rules. If an employee is unsure whether his or her conduct violates or might violate the State of Oregon Ethics Law or this code of ethics, the employee shall notify the employee's immediate supervisor or department head to determine an appropriate course of action. Full compliance with this code of ethics is the responsibility of each County employee. Any violation of this code of ethics will subject the employee to disciplinary action up to and including possible termination of employment. Any employee accused of violating the Ethics Law shall be solely responsible for the costs of his or her defense before the Government Standards and Practices Commission. If the charges are dismissed or determined to be unfounded, the Board, at the Board's discretion, may elect to reimburse the employee for some or all of the costs incurred by the employee. 8.020. Conflict of Interest. County employees shall refrain from engaging in any employment, business, activity, practice, or act which actually conflicts with, potentially conflicts with, or gives the appearance of conflicting with the employee's work for the County or with the interests of the County. An actual conflict of interest exists when an action is taken that directly affects land, a business, or Deschutes County - HR-Personnel Rules Page 20 any other financial interest of an employee or an employee's relative and is reasonably certain to have a financial impact on the employee or a relative of the employee. A potential conflict of interest exists when an employee takes action that reasonably could be expected to have a financial impact nn that emnlnvee a relative of the P.mnlnveP nr nn n hncinP.ec with whir.], t],e employee or the employee's relative is associated. For purposes of this section only, "relative" means the spouse, domestic partner, parent, child, brother and sister of either the employee or the employee's spouse or domestic partner. The following activities are prohibited: A. Employees shall refrain from accepting gifts, favors, services or promises of future employment that could possibly relate to or is intended to influence the performance of their official duties. This section is not intended to conflict with section 3.28.060 below. B. Employees shall not use their position to gain special privileges or benefits or to avoid financial detriment that would not otherwise be available or avoidable but for the employee's position with County. C. No employee shall further, or attempt to further, the personal gain of any County employee or relative through the use of confidential information gained in the course of performing her/his duties for County. D. Employees shall not participate, directly or indirectly, in any business or organization which might inappropriately influence the employee's official decisions and judgments for the County. E. Employees shall not hold any position with any business, organization or governmental unit which would conflict with the proper performance of the employee's duties or responsibilities for the County, or which could influence the employee's judgment in the conduct of business between the County and such business, organization or governmental unit. F. Employees who conduct private business which requires access to public County records shall have access to that information only during the employee's off -duty time. Employees shall not be given special access or special privileges, such as not imposing a fee for a service that is generally fee -based or being permitted to review confidential information which is not available to members of the general public. G. Employees are not to engage, directly or indirectly, either on or off the job, in any conduct which is disruptive to, competitive with, or damaging to the County. H. Employees shall not accept any employment which would inappropriately influence the performance of the employee's duties for the County. This prohibition on employment includes serving as an advisor or consultant to any business or organization, unless that activity is conducted as a representative of the County. 1. Employees must disclose any tnancial interest the employee or the employee's relatives hnve. in nnv hncines-, nr nrornni,7ntinn whioh rines h»cinPEc with the rnllnty ThQ r'nimty mn<f require the employee to divest such interest if the County deems the interest to be in conflict with the best interests of the County. This list of prohibited activities is intended to illustrate types of actions that create a conflict of interest, a potential conflict of interest, or the appearance of a conflict of interest. These 4xa111FJ1GJ are 11VL 111LG11UGU LV VG elL11C1.1A5Uve of LV 111111E U1G LyFJes VI Q.GL1o11J E11Q.E ale piV111V1LGU Uy State of Oregon Ethics Law or Deschutes County policy. Deschutes County - HR-Personnel bales Page 21 8.030. Political Activities. Employee involvement in certain political activities is protected under the First Amendment. However, under Oregon and federal law, there are some restrictions on the political activities of Oregon public employees. County employees are expected to be familiar with and to comply with these laws as they currently exist or as amended. Oregon law (ORS 260.432(2)) requires that: "No public employee shall solicit any money, influence, service or other thing of value or to promote or oppose any political committee or to promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views." The Hatch Act (federal law) further requires that employees whose principal job responsibilities are financed in whole or in part from loans or grants made by the federal government may not use their official influence to interfere with or affect the result of an election or a nomination for office. An employee covered by the Act may not, either directly or indirectly, coerce or advise another employee to contribute anything of value in any form whatsoever to any organization or agency for political purposes. The expression of personal political views while on the job during working hours is permitted only to the extent that such expression does not interfere with the performance of the employee's duties or performance of the duties of other employees. While on the job, during working hours, any comment or suggestion to fellow employees or the public to vote a certain way is prohibited, even if it does not interfere with the performance of duties of the employee or other employees. Politically related activities such as fundraising, soliciting volunteer help on political campaigns or disseminating partisan election material is prohibited while on the job during working hours. 8.040. Personal Appearance, Dress and Grooming. The County respects each employee's individuality and expects that each employee will use common sense and good judgment in choosing appropriate clothing to wear while performing duties for the County. The County expects its employees to present a clean and professional appearance at work. Employees should dress and groom themselves in accordance with the requirements of their position and accepted social standards, particularly if the employee's job duties involve in -person contact with the public. Each County department may establish appearance, dress and grooming standards for the department's employees which may include the requirement that department employees wear a uniform, as prescribed by the department, while on duty. If an employee's immediate supervisor or department head feels that an employee's personal appearance, dress or grooming is inappropriate or offensive, the employee's supervisor or department head may require the employee to leave the workplace until the employee's appearance, dress and grooming is appropriate for work. If an employee is required to leave work because of inappropriate appearance, dress or grooming, the employee will not be compensated for the time away from work. If an employee fails or refuses to comply with a Deschutes County - HR-Personnel Rules Page 22 lawful directive of a supervisor or department head to change appearance, dress or grooming that the supervisor or department head determines is inappropriate or offensive, the employee will be subject to disciplinary action, up to and including possible termination of employment. Notwithstanding the foregoing, the County shall make reasonable accommodations for appearance, dress or grooming to a person with a legally protected disability or to accommodate a bona fide religious belief. 8.050. Smoking or Use of Tobacco Products. Smoking and use of tobacco products is prohibited in all County buildings, vehicles and equipment, and outside areas designated by the County. Employees may only smoke or use tobacco products in designated areas outside County buildings, vehicles or equipment. Employees may only use designated rest and meal periods for smoking or use of tobacco products. Additional breaks for smoking or use of tobacco products are not permitted. County facilities located in incorporated cities whose governing bodies adopt ordinances establish uii" iuies and re uiations wIL11 re and to MULMiil V1 use V1 tobacco roUULAs WIWI be ' g g p_� subject to the terms and conditions of said ordinances. If an applicable city ordinance is more restrictive than state law or this code provision, the city ordinance shall apply. 8.060. Acceptance of Gifts. The provisions of Oregon Ethics Law notwithstanding, County employees, acting in their official capacity, shall not accept any gift from any source with a value in excess of $100 nor, in the course of a calendar year, smaller gifts from a single source with an aggregate value exceeding $100. Gins received by County employees, valued at $100 or less, shall, to the extent practical, be shared with other County employees. County employees may accept gifts with de minimis value, such as caps, coffee mugs, pens and paperweights, and are not expected to share such gifts. Gifts with a value in excess of $100 shall be refused, returned to the sender, or donated to a charitable organization. Deschutes County - HR-Per'sonneel Rules Rage 2? Section 9. PROMOTIONS, DEMOTIONS AND REASSIGNMENTS 9.010. Promotions. 9.020. Demotions and Reassignments. 9.010. Promotions. A. Process. If a qualified employee applies for an open position, at the discretion of the County Administrator, the County may opt to promote the employee to the position and not recruit for the position. The County Administrator may, at his or her option, require the employee to take any appropriate tests and go through an interview or interviews and a background check prior to deciding whether to promote the employee to the new position. B. Effect of promotions on salary. When an employee is promoted to a classification with a higher pay grade, the employee will receive a pay increase of not less than the percentage difference between steps in the pay grade for the new position, except that the employee's pay may not exceed the maximum pay step of the pay grade for the new position. If the employee's current pay rate is below the minimum pay step of the pay grade for the new position, the employee's pay shall be increased to at least the minimum pay step of the pay grade for the new position. C. New probationary period. Employees who are promoted to a new position must serve a new probationary period of twelve (12) months in the new position. 9.020. Demotions and Reassignments. When an employee is demoted for cause to a position with a lower pay grade, the employee's pay will be reduced to a pay step within the lower pay grade. When an employee is reassigned for administrative purposes through no fault of the employee, if the employee's reassigned position is in a lower pay grade, normally, the employee's pay will be changed to the step in the pay grade for the employee's new position that is closest to the employee's current rate of pay. If the employee's reassigned position is in a higher pay grade, normally, the employee's pay will be changed to the closest step in the pay grade for the employee's new position which is not lower than the employee's current rate of pay. Subject to approval of the County Administrator, the salary of an employee who is reassigned to a position with a lower pay grade may be held at the employee's current rate of pay, without adjustments for cost -of -living increases, until the employee's rate of pay falls within the pay grade for the employee's reassigned position. Deschutes County - HR-Personnel Rules Page 24 Section 10. LEAVE. 10.010. Authorization for Leave. 10.020. Military Leave. 10.030. Leave of Absence Without Pay. 10.040. Family and Medical Leave. 10.050. Special Leave — Closure of County Offices. 10.060. Victims of Domestic Violence, Sexual Assault or Stalking Leave. 10.070. Holidays. 10.080. Criminal Proceedings Leave. 10.010. Authorization for Leave. Except as otherwise provided in these Personnel Rules, any applicable collective bargaining agreement, or as required by law, all requests for leave must be approved by an employee's supervisor or department head. i-iii- employee -granted -cs- leave -oil' -absence will be required to use all accrued and unused com pensatory time and all accrued and unused paid leave time before the employee may take leave without pay. After an employee's paid time is exhausted, any leave granted or permitted will be without pay. All leave used (paid or unpaid) shall be recorded on the employee's monthly Payroll Time and Leave Worksheet. Each department head is responsible for ensuring that all leave used by employees in their department is accurately recorded and reported on the monthly Payroll Time and Leave Worksheets. 10.020. Military Leave. A. Military leave with pay. An employee who has been employed with the County for at least six (6) months and who is a member of the National Guard or the reserve of any branch of the U.S. military is entitled to military leave with pay for a period not to exceed fifteen (15) work days per federal fiscal year. Such leave will be granted without loss of pay or leave and without impairment of merit ratings or other -rights or benefits of employment with the County. Military leave with pay may be granted only to personnel with certified orders and will not be paid if the employee does not return to his or her position on the employee's first scheduled work day following the end of the approved duty period. Leave with pay will not be granted to those employees entering military service for extended or indefinite periods of time. B. Military leave of absence without pay. All County employees who perform "service in the uniformed services," as defined in 38 U.S.C. § 4304, are entitled to military leave without pay pursuant to and in as e ordaiaie with the pris`vis'aa'3ais of�ile Uiaifv^aial%IU 1Services Eiiiplvyiiiint and a�:iiiispiv` itaL lit Rights Act of 1994 (38 U.S.C. §§4301, et seq.], as amended. Employees may, but are not required to, use accrued and unused time management, vacation or holiday bank leave or accrued and unused compensatory time off for any period of military service which is unpaid by the County. Except as may otherwise be required by law, employees are not entitled to use accrued sick leave for periods of leave for military service. C. Military Leave for Spouses. During a period of military conflict, an employee who is a spouse of a . - memoer of the Armed Forces, National Guard, or military reserve forces is entitled to 14 days of leave per deployment including time before the deployment and/or leave from deployment. The employee must provide five days advance notice and use eligible paid leave first. To be eligible, the employee must work an average of 20 hours per week for at least 180 calendar days immediately preceding the date of leave. D. Payroll records. Department heads are required to document all military leave taken by an employee on the emnloveP'a Pavroll Time and Leave Worksheet Cnniec of military nrderc shall he. ctthmitted to the Personnel Department and kept in the employee's Personnel File. Deschutes County - HR-Personnel Rules Paige 25 10.030. Leave of Absence Without Pay. An employee's department head may grant a leave of absence without pay not to exceed 30 calendar days. Leaves of absence without pay for periods in excess of 30 days must be approved by the County Administrator and the employee's department head except for leaves of absence which, by law, an employee is entitled to take. 10.040. Family and Medical Leave. County employees shall be eligible to take family and medical leave as provided under the federal Family and Medical Leave Act of 1993 ("FMLA") and the Oregon Family Leave Act (ORS 659.010, "OFLA"), and pursuant to the Deschutes County Family and Medical Leave Policy. 10.050. Special Leave — Closure of County Offices. In the event of weather -related or other conditions determined to be an emergency by the Board or the County Administrator, the Board or the County Administrator may decide to close County offices. For purposes of this section, an emergency includes, but is not limited to, conditions due to the following: A. Snow/ice B. Building problem C. Bomb threat D. Volcano E. Forest Fire F. Earthquake G. Flood H. Terrorist threat I. Civil unrest If County offices are closed due to a declared emergency, employees will be granted leave with pay for the duration of the closure. If County offices are open for business and an employee does not report to work due to weather -related or other conditions, the time off will be deducted from the employee's accrued paid leave unless it is determined by the County Administrator that the employee could not report to work due to circumstances beyond the reasonable control of the employee. 10.060. Victims of Domestic Violence, Sexual Assault or Stalking Leave. An employee shall be allowed to take a reasonable amount of leave determined by the County Administrator and Personnel Department to address domestic violence, sexual assault, or stalking of the employee or his or her minor dependents (ORS 659A.272). The employee must have been employed with the County for at least six months and worked an average of more than 25 hours per week for at least 180 days immediately before the requested leave. The leave must not create an undue hardship on the department and it must be for an authorized purpose. An authorized purpose includes seeking legal or law enforcement assistance or remedies — seeking medical treatment or recovering from injuries; obtaining counseling or services from a victim services provider; or relocating or taking steps to secure a safe home for the employee or minor child. The employee shall provide the Personnel Department and his/her department head with as much advance notice as is practicable. The County may require certification of the need for the leave, such as a police report; protective order; documentation from a law enforcement officer, attorney, or victim services provider. Deschutes County - HR-Personnel Rules Page 26 If approved, the employee must use paid leave (excluding sick leave) which includes time management, vacation, compensatory time, or holiday time. If all paid time is exhausted, the employee may request unpaid leave. Upon request from an employee, the County shall make reasonable work safety accommodations for an employee that is victim of domestic violence, sexual assault, or stalking. 10.070 Holidays The following shall be recognized as paid holidays for full-time and part-time (on a pro -rated basis) County employees: New Year's Day, President's Day, Martin Luther King's Day, Memorial Day, Independence day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and one floating holiday. 10.080 Criminal Proceedings Leave. An employee who is a felony crime victim shall be allowed to take leave to attend a felony criminal proceeding Invol`vin trio; employee or imi icdiaoe family do ned as spouse domestic pminer, father, N g ,�., g y_ N N > > mother, sibling, child, stepchild and grandparent (ORS 659A.192). The employee must provide reasonable advance notice of the leave, provide copies of the notices of the criminal proceedings, have been employed with the County for at least six months, and worked an average of more than 25 hours per week for at least 180 days immediately before the requested leave. The leave must not create an undue hardship on the department. If approved, the employee must use paid leave (excluding sick leave) which includes time management, vacation, compensatory time, or holiday time. The employee shall not use sick leave. If all paid time is exhausted, the employee may request unpaid leave. Deschutes County - HR-personnel Rules Page 27 Section 11. DISCIPLINE AND DISCHARGE. 11.010. Discipline. 11.020. Discharge. 11.030. Appeals of Disciplinary Actions (Non -represented Employees Only). 11.010. Discipline. A. General. Employees may be disciplined for cause as determined by the employee's supervisor, department head, or the County Administrator. As set forth in section 3.40.020, probationary, temporary, hourly, and on -call employees, as at -will employees, may terminate their employment and may be discharged with or without notice and with or without cause. B. Forms of Discipline. In general, the County will follow principles of progressive discipline when implementing discipline. However, the form of discipline to be imposed in a particular situation will depend on factors such as the severity of the offense, the number of occurrences of the same or similar offenses, the employee's work history and record of prior discipline with County and any other relevant factors. Disciplinary action generally will consist of one or more of the following: 1. Oral warning 2. Written reprimand 3. Suspension 4. Demotion 5. Discharge The County reserves the right, depending on the circumstances of the particular situation, not to follow progressive discipline and to implement or impose one or more of these disciplinary actions, to bypass one or more of these disciplinary actions or to take or implement other forms of disciplinary action if determined to be appropriate by the employee's supervisor, department head, or the County Administrator. The County further reserves the right to take or implement non -disciplinary actions that may be appropriate as part of a corrective action plan, including, but not limited to, unscheduled performance evaluations, work plans, last chance agreements, additional supervision or training, referral to counseling or mediation, restructuring of job assignments, or other actions as deemed appropriate. 11.020. Discharge. A. Discharge of regular employees: Regular employees may be discharged from County service for cause as determined by the employee's department head or the County Administrator. B. Discharge during probationary period: All employees on probation are at -will employees and, as such, may terminate their employment and may be discharged with or without cause and with or without notice as determined by the employee's department head or the County Administrator. C. Discharge of temporary, hourly and on -call employees: Temporary and on -call employees are at -will employees and, as such, may terminate their employment and may be discharged with or without cause and with or without notice as determined by the employee's department head or the County Administrator. D. Employees who are discharged for cause are not eligible for rehire in any County Department unless rehire is approved by the County Administrator. Deschutes County - HR-Personnel Rules Page 28 11.030. Appeals of Disciplinary Actions (felon -represented Employees Only). Disciplinary actions imposed on non -represented employees that are otherwise subject to the grievance process may be grieved under the provisions of DCC 3.44. Discipline or discharge of nrobationarv. temnorarv. hourly and on -call employees is not subject to the grievance process. Appeals of disciplinary actions imposed on non -represented employees of the Sheriff's Office shall be governed by Sheriff's Office policies and procedures and not by DCC 3.46. Deschutes County - HR-Personnel .Rules Page 29 Section 12. GRIEVANCES 12.010. General. 12.020. Procedure. 12.030. Limitations on Grievances. 12.040. Time Limits. 12.050. Extension of Time Limits. 12.060. Prohibited Practices. 12.010. General. The County will promptly consider and respond to employee grievances relating to discipline, discharge, application of the Personnel Rules, or to terms and conditions of employment. The County prefers to informally correct the causes of grievances and encourages supervisors and employees to address and resolve problems as they arise. If the cause of a grievance cannot be resolved informally, for represented employees, the grievance procedures of the applicable collective bargaining agreement shall apply. 12.020. Procedure. For non -represented employees except non -represented employees of the Sheriff's Office, the following procedure for processing formal grievances shall be followed: STEP I: The aggrieved employee, or group of employees, shall verbally present the grievance to the immediate supervisor within fifteen (15) calendar days of the occurrence of the issue or action giving rise to the grievance or within fifteen (15) calendar days of the time the employee or group of employees become aware of the issue or action. The supervisor shall give his/her response within fifteen (15) calendar days of the date of the presentation of the grievance, not including the date of presentation. STEP II: If the grievance is not fully resolved at Step I, the grievance shall, in detail, be reduced to writing, signed and dated by the aggrieved employee or group of employees, and presented to the department head within fifteen (15) calendar days after the supervisor's response is given, not including the date of the response. The department head shall respond in writing to the grievance within fifteen (15) calendar days of the date the written grievance is presented to the department head, not including the date of presentation. STEP III: If the grievance is not fully resolved at Step II, the written grievance shall be presented by the aggrieved employee or group of employees, along with all pertinent correspondence, records and information, to the County Administrator within fifteen (15) calendar days after the department head's response is given, not including the date of the response. The County Administrator may meet with the aggrieved employee or group of employees, the immediate supervisor, and/or the department head before responding to the grievance. The County Administrator shall respond to the grievance in writing within fifteen (15) calendar days after the date the written grievance is presented to the County Administrator, not including the date of presentation. STEP IV: If the grievance of a suspension without pay, demotion or discharge is not resolved at Step III, the grievance shall be submitted in writing to the Board of County Commissioners within fifteen (15) calendar days after the County Administrator's response is given, not including the date of the response. If the grievance relates to suspension without pay, demotion or discharge of an employee, the Board will hold a hearing if requested by the employee before Deschutes County - HR-Personnel Rules Page 30 issuing a response. If a hearing is not requested by the employee, the Board, at the Board's discretion, may hold a hearing before issuing a response. The decision of the Board shall be final and binding. The Board, at the Board's option, may request advisory arbitration prior to holding a heariniz on the arievane. 12.030. Limitations on Grievances. A. Oral warnings are not subject to the grievance process. B. Performance evaluations can only be grieved through Step Il of the grievance procedure. C. Written reprimands can only be grieved through Step III of the grievance procedure. D. Discipline or discharge of probationary, temporary, hourly and on -call employees is not subject to the grievance process. 12.040. Time Lianits. If the grievance procedures established by this section are not initiated by an aggrieved employee or group of employees within the time limits set forth in this section, the grievance shall be dismissed and it shall be considered that the grievance did not exist. If the County fails to respond to any grievance within the time prescribed for a response, the grievance will automatically advance to the next Step. 12.050. Extension of Time Limits. The time limits for the initiation and completion of the steps of the grievance procedure may be extended by mutual consent of the parties involved, which should be documented in writing. 12.060. Prohibited Practices. No employee may be disciplined, retaliated against or discriminated against in any way because of the employee's use of the grievance procedure. Deschutes County - HR-_Personnel Rules Page 31 Section 13. TERMINATION OF EMPLOYMENT 13.010. Voluntary Terminations. 13.020. Involuntary Terminations. 13.030. Loss of Longevity and Seniority. 13.040. Recall After Layoff. 13.050. Death. 13.060. Final Paycheck. 13.070. Exit Interviews. 13.010. Voluntary Terminations. To resign in good standing, an employee must give the employee's department head or the County Administrator a written notice of resignation at least fourteen (14) calendar days prior to the effective date of the employee's resignation. The employee's department head or the County Administrator, may agree to a shorter period of notice if an employee so requests, in writing, and provides a suitable explanation for the shorter notice period. An employee who fails to provide at least fourteen (14) calendar days notice and fails to obtain permission for a shorter notice period may be ineligible for rehire. Unless otherwise approved in advance by the employee's department head and the County Administrator, or as otherwise required by law, an employee who voluntarily resigns must be present and on the job for one full week immediately prior to the employee's termination date and must work on the termination date. If an employee takes any unauthorized leave during the employee's final week of employment, the employee may be ineligible for rehire with the County, and the County may, at its discretion, alter the employee's termination date. Upon receipt of a notice of resignation, the County reserves the right, at the County's option, to designate a termination date which is earlier than the termination date designated by the employee. If the County elects to designate an earlier termination date, the County shall pay the employee for all wages and leave that would have accrued and shall maintain all benefits to which the employee would have been entitled if the employee had worked through the termination date designated by the employee. 13.020. Involuntary Terminations. A. Layoffs/reductions in force. Restructure of the organization, a reduction in budgeted positions, lack of work, or shortage of funds may result in the layoff of employees. In the event of layoff, the County may transfer affected employees into vacant positions for which the affected employees are qualified, in the judgment of the hiring department head. When a decision is made to lay off employees, the County will base layoff decisions on the following factors: 1. Job skill level 2. Ability 3. Experience 4. Education 5. Training 6. Work record 7. History of discipline and/or corrective actions Deschutes County - HR-Personnel Rules Page 32 8. Knowledge of the program, department, and organization 9. Special skills or certifications 10. Longevity with the County Seniority may be considered when the qualifications and abilities of employees are relatively equal. The County shall notify affected employees of a layoff at least thirty (30) calendar days in advance of the lay off. B. Disciplinary discharge. Discharge for disciplinary reasons shall be governed by DCC Chapter 3,40—Discipline and Discharge. 13.030. foss of Longevity and Seniority. A. An employee loses all longevity and seniority in the event of. 1. Voluntary termination for greater than three (3) months except under special circumstances as approved by the County Administrator. 2. Discharge for cause. 3. A layoff period longer than eighteen (18) months. 4. Failure to report to work at the termination of a leave of absence. 5 Acceptance of other employment without permission of County while on a leave of absence. 6. Retirement. B. Time off during a layoff period shall not count toward seniority or longevity accrual. C. An employee shall not lose seniority with a department if the employee transfers from one division or position to another division or position within the same department. 13.040. Recall After Layoff. If approval is given to rehire after a layoff, employees will be rehired in the inverse order of lay off; that is, employees laid off last shall be called back first. Employees shall retain a right to recall for eighteen (18) months from the effective date of a layoff. If employees are recalled from a layoff, the following recall procedures shall be followed: A. For layoffs of less than five (5) days, employees may be notified of recall in person or by telephone and shall have until the next work day following the notification to report to work. B. For layoffs of five (5) days to one month in duration, employees shall be notified of recall by first class mail and by certified mail, return receipt requested, sent to the employee at the evnpinveP'c last known address, and the eTnr�lnveP shall have seven (%7) days from the elate the certified notice of recall is mailed to report to work.. C. For layoffs longer than one month in duration, employeesshallbe notified of recall by first class mail and by certified mail, return receipt requested, sent to the employee's last known nAAvr ce ar.A +,^P ^�9'9^. YL�f`aI DPP O�+_�� �711P S.^.3 :Y�PP:'! 0 A! Aa mro f:!':'! +1-a A" _+P +'HP ­-+.—T,_A :ter +44 rf UOA611 VJJ, LL11O1 L11V VY11�J1V�VV J11611111(AYV 1V LGl 1VV31 `1 Tl O.L11�J 11 Vlll L11V O.LCLCV I.11V VVl {.111Vi111V 11Vq/ V1 recall is mailed to report to work. Employees are obligated to notify the Deschutes County Personnel Department in writing of any change of address for the emplovee. Unless a longer period to report to work _following a notice of recall is agreed to in writing by the County, employees shall report to work within the appiicanie Time period specified in section IiL is or L above. lI an employee aoes not respond to a Deschutes C'Ou 7tj% - HR-Per sonnet Rules Page 0.2 notice of recall within the applicable time period designated in this section, the employee shall lose all recall rights. 13.050. Death. In the event of the death of a County employee, all wages and all eligible leave earned and unpaid to the employee shall be paid to the employee's estate. 13.060. Final Paycheck. Final paychecks will be delivered to terminated employees in accordance with Oregon law. Employees shall be paid for all eligible accrued and unused leave at the time of termination. Payment for any eligible accrued and unused leave shall be paid with the employee's final paycheck and shall be paid at the employee's rate of pay in effect at the time of termination. 13.070. Exit Interviews. A. Purpose. The purpose of the exit interview is: 1. To gain insight into the effectiveness of County personnel and management practices, to determine where personnel policies and procedures may be in need of review or revision, to determine whether supervisory or managerial practices need review, modification or improvement, and to obtain other information which could be of assistance to the County and the employee's department. 2. To provide the employee with information related to the employee's separation from employment with County, including, but not limited to, information related to continuation of health benefits for the employee and eligible dependants of the employee. B. Conducting the exit interview. Unless waived by the County Administrator or refused by the employee, an exit interview is to be conducted with every employee separating from a benefited County position, regardless of length of service, position, or the circumstances of separation. C. Responsibility of Personnel Department. Although departments may conduct interviews with terminating employees, the Personnel Department shall conduct all County exit interviews. The Personnel Department will analyze the results of each interview to determine how the information received may relate to current personnel policies and procedures and whether any changes in County employment policies or procedures may be needed or beneficial. D. Timing of exit interview. The employee's department head is responsible for notifying the Personnel Department as soon as the department head learns an employee is separating from County employment. The Personnel Department will then schedule a time for the exit interview. E. Forms and records. The results of exit interviews will be recorded on forms prescribed by the Personnel Department. The record of the interview shall be maintained by the Personnel Department. Deschutes County - HR-Personnel Rules Page 34 Personnel Rules legislative history The following ordinances amended these rules when they were part of Title 3 in the Deschutes C'.nnnty C'nde- Ord. 2011-024 Ord. 2011-006 Ord. 2009-027 Ord. 2009-012 Ord. 2007-017 Ord. 2001 -032 Ord. 86-011 Ord. 82-030 Ord. 81-053 Deschutes wound - MP. -Personnel Rules Page 3�