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2021-75-Minutes for Meeting February 10,2021 Recorded 3/1/2021C 01 E S COG BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 9:00 AM Recorded in Deschutes County CJ2021-75 Nancy Blankenship, County Clerk Commissioners' .journal 03/01 /2021 4:48:32 PM FOR RECORDING STAMP ONLY ROOMSWednesday, February 10, 2021 BARNES & SAWYER VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom Anderson, County Administrator; David Doyle, County Counsel (via Zoom conference call); 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 DeBone called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Commissioner DeBone reported the Commissioners attended the joint Meeting with the City of Redmond last evening and commented on the valuable presentation regarding the regional and affordable housing needs. Commissioner Adair encouraged residents to send a post card to Governor Brown requesting that an adequate supply of vaccines be provided to Deschutes County. BOCC MEETING FEBRUARY 10, 2021 PAGE 1 OF 11 CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. ADAIR: Move approval of Consent Agenda CHANG: Second Commissioner DeBone commented on a revision needed for the minutes of January 27 2021 BOCC meeting on page 7. VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 1. Consideration of Chair Signature of Document No. 2021-161, Amendment to Deschutes County Contract No. 2016-778 with Andrews Technology for the Provision of NOVAtime Software Licensing 2. Consideration of Board Signature to Reappoint Katy Brooks to the Central Oregon Intergovernmental Council Board 3. Consideration of Board Signature to Thank Anna Mae Rhoads of the River Bend Estates Special Road District 4. Consideration of Board Signature to Reappoint Peter Cecil to the River Bend Estates Special Road District 5. Consideration of Board Signature to Reappoint Heather Leeder to the Vandevert Acres Special Road District 6. Approval of Minutes of the January 27 2021 BOCC Meeting 7. Approval of Minutes of the January 28 2021 BOCC Planning Retreat ACTION ITEMS: 8. Consideration of BOCC Meeting Start Times Commissioner DeBone introduced this discussion explaining the requests by Commissioner Chang for a scheduled lunch break and by Commissioner Adair to conduct the necessary and required business during a meeting day with the ability to adjourn by 5:00 p.m. Commissioner DeBone suggested a Wednesday meeting start time at 9:00 a.m. Commissioner Adair feels it is much more business like to start the meetings at 9:00 a.m. The Board BOCC MEETING FEBRUARY 10, 2021 PAGE 2 OF 11 expressed support of 9:00 a.m. start times for Wednesday with a lunch recess and the meeting to reconvene at 1:00 p.m. Monday meeting start times will remain at 1:00 p.m. 9. Consideration of Chair Signature of Document No 2021-040, a Notice of Intent to Award Contract for the Paving of Fryrear Road: US 20 to OR 126 Project County Engineer Cody Smith (via Zoom conference call) presented the project including paving shoulder repair and delineation. Road Department advertised for bids and five were received. Apparent low bidder is High Desert Paving. Commissioner Adair inquired whether the snow level stakes are removed during the project. Mr. Smith explained the purpose of the delineators for a clear identification of the edge of the road during a snow event. Prior preparation work has been done by the Road department. Commissioner Chang inquired on the process of bidding the projects. Mr. Smith explained the process for soliciting for contracts as directed by state law including advertisement in a local paper of record, statewide publication, email distribution list of interested contractors, and posted on the Deschutes County website under the bids and RFP page. ADAIR: Move approval of Chair signature to Document No. 2021-040 CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 10.Consideration of Chair Signature of Document No. 2021-065, a Notice of Intent to Award Contract for Supply and Delivery of Hi -Build, Hi - Performance Waterbourne Traffic Line Paint 2021 BOCC MEETING FEBRUARY 10, 2021 PAGE 3 OF 11 County Engineer Cody Smith (via Zoom conference call) presented the purpose of contract and supplies for the annual road striping paint project. Road Department advertised for bids and four were received. Apparent low bidder is Sherwin Williams. CHANG: Move approval of Chair signature to Document No. 2021-065 ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried Mr. Smith explained the process for notice of intent letters and the need to be signed by the Board Chair the day of the meeting and posted by 5:00 p.m. to start the seven day protest period afforded to allow any formal protest prior to awarding the contract. 11.Consideration of Chair Signature of Document No. 2021-066, a Notice of Intent to Award Contract for Supplying and Hauling of Crushed, Pre - Coated Rock for Chip Seal 2021 County Engineer Cody Smith (via Zoom conference call) explained the use of the chip seal materials for county roads and also services provided to the cities within the county. Bids were advertised and Knife River Northwest Corp was the only bidder. Mr. Smith noted this is an annual contract and typically only receives 1 to 2 bids. The reason for only one bid this time was because the other contractor that typically submits a bid simply forgot to timely submit its bid. ADAIR: Move approval of Chair signature to Document No. 2021-066 CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried BOCC MEETING FEBRUARY 10, 2021 PAGE 4 OF 11 Commissioner DeBone acknowledged he had received an email regarding the proposed Hunnell Road improvements where the community has requested a response from the Commissioners by today. Commissioner Adair recognizes there is work that needs to be done but is concerned with traffic. Commissioner Chang commented on his concern for the neighborhood and maintaining the character of the neighborhood and was puzzled at the need for the project. Commissioner DeBone noted this has been in the Transportation System plan (TSP) for many years and expressed the need of communications but would honor the TSP. Commissioner DeBone commented the response to this community request would be the Road Department will proceed with the TSP in partnership with the community. OTHER ITEMS: County Administrator Anderson presented for consideration of signature the Board requested letter to the Association of Oregon Counties to commend them for their work on behalf of Oregon counties over the past year. ADAIR: Move approval of Board Signature CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried • Communications Director Whitney Hale presented a draft letter regarding communication on federal relief packages to county government through the American Rescue Package. Commissioner Chang spoke on business support and the need to continue to respond to COVID. Commissioner Adair feels this request for funds would be more time effective. The original drafted letter was addressed to Senator Wyden. Commissioner DeBone supports the letter to Wyden. Commissioner Adair prefers the more in depth letter to AOC and recommended bolding the line asking for direct allocation to counties. BOCC MEETING FEBRUARY 10, 2021 PAGE 5 OF 11 ADAIR: Move approval of Board signature for members of federal delegation for support of the American Rescue Package. CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Abandoned Vehicle Cleanup: County Administrator Anderson reported on conversations with Commissioner Adair regarding concerns about the abundance of abandoned vehicles in the China Hat Road area and whether the County can support some form of cleanup. Commissioner Adair reported on a meeting with the community, Forest Service, and Sheriffs Office regarding the concern and need for cleanup in the China Hat Road area. She reported County Forester Ed Keith is reviewing the opportunity for grants regarding fuels reduction and the concern of wildfire in that area. Commissioner Adair has reviewed this concern of abandoned vehicles on the property with the Sheriff's Office as this land presents a seasonal fire danger. The Commissioner's request is for covering the expense of the Sheriff's Office for the towing and removal of abandoned vehicles in the China Hat neighborhood. Commissioner Chang commented on Clackamas County's active role in removing trash on federal public lands to increase the ability to fulfil their thinning projects. He encourages the County to think creatively to make a connection to the federal lands to seek funds to pay for such work. Mr. Anderson explained the County does work actively with the Forest Service and the cleanup crews for abandoned property disposal projects. Mr. Anderson will research the cost of towing each vehicle. Commissioner DeBone recommended authorizing towing ten vehicles at this time and then review the cost before proceeding with further towing. ADAIR: Move approval of removal of ten abandoned vehicle from federal land in the China Hat Road area CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried BOCC MEETING FEBRUARY 10, 2021 PAGE 6 OF 11 12.COVID19 Update Via Zoom conference call were Health Services Dr. George Conway, Nahad Sadr Azodi, and Chris Weiler as well as Emergency Services Manager Sgt. Nathan Garibay for the COVID19 Update and to report on the strategies of the incident command structure. Presentation is attached to the record. Sgt. Garibay reported on the incident command process with the vaccination clinic. Commissioner DeBone stated there is a phone meeting with the Governor at 10:30 today; he promptly excused himself from the Board meeting at this time and Commissioner Chang took the acting chair position. Dr. Conway spoke on the transition of the incident command team of the vaccine clinic from Sgt. Garibay to Health Services Manager Chris Weiler. Sgt. Garibay reported on moving forward with work with the community partners to assist the Health Service department with the vaccine distribution. Commissioner Adair thanked Sgt. Garibay for his expertise and leadership. Dr. Conway explained the department would like to ask for limited duration positions to assist with surge capacity. Commissioner Chang is supportive of ensuring the incident command team has the necessary coverage to help us through the COVID pandemic. Commissioner Adair requested additional vaccination clinics in the communities of Sisters and Sunriver. Commissioner Chang commented on helping our community and staff respond and get through this pandemic. Nahad Sadr-Azodi spoke on the timeline of this phase of the pandemic. Commissioner Adair expressed her disappointment in the way that COVID pandemic was dealt with nationwide especially with the elderly population. 13.Pandemic Financial Assistance Update Chief Financial Officer Greg Munn (via Zoom conference call) provided an update on FEMA funding for the vaccination center. A reimbursement BOCC MEETING FEBRUARY 10, 2021 PAGE 7 OF 11 application has been submitted. Commissioner Chang inquired whether more staffing could be brought in for the vaccination clinic if the FEMA reimbursement is funding the vaccines. County Administrator Anderson explained the staff need is based on the supply received which isn't always a guarantee and creates the inability to anticipate the demand. Commissioner Chang asked for an update on the COVID relief bill and Mr. Munn does not have an update on those funds at this time. 14.Consideration of Chair Signature of Document No. 2021-137, PacificSource Letter of Agreement Public Health Services Manager Tom Kuhn presented (via Zoom conference call) a letter of agreement for diabetes prevention program funding. Commissioner DeBone returned to the Board meeting at 11:08 a.m. DEBONE: Move Chair signature of Document No. 2021-137 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes CHANG: Acting Chair votes yes. Motion Carried Other: Commissioner DeBone reported briefly on his 10:30 a.m. Governor's phone meeting with the County Commissioner chairs around the state. 15.County Administrator Recruitment Discussion Human Resources Director Kathleen Hinman and HR Analyst Jason Bavuso (via Zoom conference call) presented this item for discussion. Ms. Hinman explained the work done on the recruitment materials and asked for BOCC MEETING FEBRUARY 10, 2021 PAGE 8 OF 11 Commissioner input with the goal to open the recruitment next week. The Board made recommendations on the images and wording within the brochure. Regarding the compensation, the Board made a recommendation to revise the wage scale to $170,000 - $220,000 dependent upon qualifications. Ms. Hinman will make the recommended revisions and circulate to the Board for review. The recruitment process will begin on either Monday or Tuesday next week and the final recruitment brochure will be brought to next week's meeting for the official announcement. Other Items: Commissioner Adair reported on an application received for COIC board vacancy for position of Unemployed and Underemployed and recommended the appointment. Commissioner Chang doesn't have any issues or concerns but was thinking this position was for someone that works with the industry dealing with unemployment and training for the work force with not just poverty. Commissioner Chang suggested the need to rebrand this position. Commissioner DeBone spoke on the history of Deschutes County's direction and point of view of the COIC board bylaws. Commissioner DeBone recommended the Commissioners review the bylaws relative to Deschutes County appointments. ADAIR: Motion to appoint Ron Osmundson to the COIC Board CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried RECESS: At the time of 11:53 a.m. the Board went into recess and reconvened the meeting at 1:00 p.m. BOCC MEETING FEBRUARY 10, 2021 PACE 9 OF 11 16.Discussion of Request for Noise Variance for Nighttime Construction of Tumalo Place Senior Transportation Planner Peter Russell (via Zoom conference call) presented preparation for the public hearing that is scheduled for the Board's February 17 meeting. The noise variance would allow for night time construction and with an expected a three week construction timeline. 17.Consideration of Updates to Code Enforcement Policy and Procedure Manual Code Enforcement Staff John Griley Dan Smith, and Angie Havinear presented via Zoom conference call to summarize the process of updating the code enforcement policy and procedure manual. Community Development Department Director Nick Lelack explained the materials submitted for this discussion. Commissioner Adair commented on a code enforcement complaint and the importance of ensuring public safety with code enforcement in a timely manner. Commissioner DeBone noted support of the current policy process. County Counsel Dave Doyle shared experiences with a more recent code enforcement court proceeding, noting that the case took a long time to process through the Court and resolved with the judge essentially determining that one person's junk is another person's treasure and did not order any remedial action. The Board reviewed the matrix 1 for major program elements, matrix 2 initial staff recommended minor updates, and matrix 3 potential program amendments. Recommendations will be taken from the Board and a public hearing will be held for consideration of adoption. Mr. Lelack inquired if the program and staff titles should be retitled from Code Enforcement to Code Compliance? The Board expressed support of that change. The department reported amendments are needed to Solid Waste code with BOCC MEETING FEBRUARY 10, 2021 PAGE 10 OF 11 respect to nuisance property and was directed to proceed. Mr. Lelack will bring the recommended changes back to the Board. Commissioner Adair expressed the importance of hearing from the public. Commissioner Chang requested a report on the marijuana complaints. Commissioner Adair requested a report from the Sheriffs Office on their marijuana enforcement efforts. RECESS: At the time of 2:39 pm the Board went into recess and reconvened the meeting at 2:43 p.m. EXECUTIVE SESSION: At the time of 2:44 p.m. the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of Executive Session at 3:52 p.m. and directed staff to proceed as discussed. Being no further items to come before the Board, the meeting was adjourned at 3:53 p.m. DATED this qkM Day ofF _ 20 Commissioners. c mi for the Deschutes County Board of r BOCC MEETING FEBRUARY 10, 2021 PAGE 11 OF 11 E S CO 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 9:00 AM, WEDNESDAY, FEBRUARY 10, 2021 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, and allows the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record 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. Meetings are subject to cancellation without notice. 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: citizeninput@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 present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are Board of Commissioners BOCC Meeting Agenda Wednesday, February 10, 2021 Page 1 of 4 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 citizen input@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 Chair Signature of Document No. 2021-161, Amendment to Deschutes County Contract No. 2016-778 with Andrews Technology for the Provision of NOVAtime Software Licensing 2. Consideration of Board Signature to Reappoint Katy Brooks to the Central Oregon Intergovernmental Council Board 3. Consideration of Board Signature to Thank Anna Mae Rhoads of the River Bend Estates Special Road District 4. Consideration of Board Signature to Reappoint Peter Cecil to the River Bend Estates Special Road District 5. Consideration of Board Signature to Reappoint Heather Leeder to the Vandevert Acres Special Road District 6. Approval of Minutes of January 27 2021 BOCC Meeting 7. Approval of Minutes of the January 28 2021 BOCC Planning Retreat ACTION ITEMS 8. Consideration of BOCC Meeting Start Times Board of Commissioners BOCC Meeting Agenda Wednesday, February 10, 2021 Page 2 of 4 9. Consideration of Chair Signature of Document No. 2021-040, a Notice of Intent to Award Contract for the Paving of Fryrear Rd: US 20 to OR 126 Project - Cody Smith, County Engineer 10.Consideration of Chair Signature of Document No. 2021-065, a Notice of Intent to Award Contract for Supply and Delivery of Hi -Build, Hi -Performance Waterbourne Traffic Line Paint 2021 - Cody Smith, County Engineer 11.Consideration of Chair Signature of Document No. 2021-066, a Notice of Intent to Award Contract for Supplying and Hauling of Crushed, Pre -Coated Rock for Chip Seal 2021 - Cody Smith, County Engineer 12. 10:00 AM COVID19 Update 13. Pandemic Financial Assistance Update 14.Consideration of Chair Signature of Document No. 2021-137, PacificSource Letter of Agreement - Thomas Kuhn, Health Services 15. County Administrator Recruitment Discussion - Kathleen Hinman, Human Resources Director LUNCH RECESS 16. 1:00 PM Discussion of Request for Noise Variance for Nighttime Construction of Tumalo Place - Peter Russell, Senior Planner 17. Consideration of Updates to Code Enforcement Policy and Procedure Manual - Nick Lelack, Community Development Director 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. Board of Commissioners BOCC Meeting Agenda Wednesday, February 10, 2021 Page 3 of 4 Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. Executive Session under ORS 192.660 (2) (h) Litigation 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, February 10, 2021 Page 4 of 4 February 10, 2021 XXXX XXXX XXXX Title/Name, Thank you for your leadership during these challenging times. Deschutes County is grateful for your support of Oregon's 36 counties, our state, and the people of Oregon. As you are considering the next COVID-19 relief package, Deschutes County asks you to support dedicated and robust funding for county governments provided for in the American Rescue Package. The pandemic has had a significant impact on budgets; State, county, city, special district, tribe, business, or personal - everyone's revenue reality has dramatically changed. As you know, counties are frontline responders in the fight against the COVID-19 pandemic. As the local public health authority, we provide critical services to Oregonians while working tirelessly to ensure the health, safety, and well- being of our residents, every day of every year. During the pandemic, we are direct providers of contact tracing, testing, vaccinations, and critical services that support community hospitals. Counties go above and beyond to meet the needs of their residents. Counties are working to bridge critical gaps for Oregonians and have, among other things have: • Stood up support for business as local economies are feeling the crippling effects of the pandemic; • Worked with childcare providers to set up resources for parents trying to navigate the pandemic and providing for their families; • Addressed housing, homelessness, and quarantine/isolation needs; and • Sought solutions to broadband infrastructure to help transition our communities during this rapid -paced shift in technology. A direct allocation to counties in the next COVID-19 relief package means we can continue to deliver more efficient, effective services to Oregonians. The American Rescue Plan contains $350 billion in critical aid to state, local, and territorial governments and recognizes the vital role counties play as frontline responders in mitigating and slowing the spread of virus and providing everyday services to Oregonians. Please support the direct assistance to counties in the American Rescue Plan. When funds are accessible to local governments, we are able to support strategic and local community priorities in the most flexible and efficient way. Sincerely, The Deschutes County Board of Commissioners Anthony DeBone Phil Chang Patti Adair Chair Vice Chair Commission 1300 NW Wall Street Bend, Oregon 97703 (5/41)388-6572 board@deschutes.org (Mwww.deschutes.org • • 1 ! k a • \ I • 1 1 I • 1► I t 1 • � 2 • 1 f FIN •• 1 ! !! 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(D (D (D N (D \ (D cn i O :3 CL -s (D =3 O ® N n ® N cn (D ram+ rD O ® r+ \ N fD Cr n m �' O rD m O Cu O r � o a� AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of February 10, 2021 DATE: February 4, 2021 FROM: Kathleen Hinman, Human Resources, 541-385-3215 TITLE OF AGENDA ITEM: County Administrator Recruitment Discussion BACKGROUND AND POLICY IMPLICATIONS: Discussion regarding the recruitment materials for the County Administrator position. FISCAL IMPLICATIONS: None. 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Tumalo Place is the north leg of this roundabout, linking to US 97. Tumalo Place serves as the on/off ramp for southbound traffic on US 97. The Road Department seeks approval of a noise variance to allow construction to occur at night to prevent undue delays to the traveling public, avoid queueing in the project area that would adversely affect County roads and US 97, and provide for work zone safety. The Road Department applied for the noise variance via File 247-21- 000033-V, the Board will hold a public hearing on February 17 to consider approving the variance via an Order (Document 2021-155). FISCAL IMPLICATIONS: None ATTENDANCE: Peter Russell, CDD, Senior Transportation Planner STAFF MEMORANDUM TO: Board of County Commissioners FROM: Peter Russell, Senior Transportation Planner DATE: February 2, 2021 WORK SESSION: February 10, 2021 RE: Deschutes County Road Department is requesting a nighttime (10 p.m. - 7 a.m.) noise variance to construct Tumalo Place, the north leg of the Tumalo Road/Tumalo Place roundabout. (247-21-000033-V) The Board of County Commissioners (Board) will hold a public hearing on February 17, 2021, at 10 a.m. to hear a noise permit application (Document 2021-155) submitted by the Deschutes County Road Department with a nighttime variance for the construction of Tumalo Place from Tumalo Road to U.S. 97. (Please see attached Road Department application for project limits.) The work would begin no sooner than February 17 and end no later than June 30, 2021. I. Summary The Board approved the Road Department's 5-Year Capital Improvement Plan, which included the Tumalo Road/Tumalo Place roundabout. Tumalo Road is a rural collector which in the year of the most recent traffic count (2019) had an average daily traffic (ADT) of 7,529 vehicles within the project limits. Tumalo Place functions as an on/off ramp for southbound US 97 traffic at the Deschutes Junction interchange. The night paving will reduce overall inconvenience to the travelling public due to fewer vehicles being stopped, not requiring lengthy out -of -direction travel in the daytime due to lane closures, and increase worker safety in the construction work zone. If nighttime paving is not permitted, the Road Department anticipates the daytime work zone traffic will result in lengthy queues backing up on Tumalo Road and Tumalo Place, potentially affecting the US 97 ramps to the northeast end of the project. Additionally, nighttime paving will prevent potential daytime conflicts with traffic attempting to access the ramps and/or near -by County roads. The nighttime work is expected to not last more than three weeks. II. Recommendation In the interest of the safety and convenience of both the traveling public and the workers within the construction work zone, staff recommends the noise permit and its nighttime variance be approved. Attachment: Land Use File 247-21-000033-V, which includes Tumalo Place project map Page 2 of 2 "C E S i File No. 247-M-MV COMMUNITY DEVELOPMENT NOISE PERMIT APPLICATION INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED 1. Complete the application form and provide appropriate original signatures. To ensure timely processing of your application, all materials must be submitted on single -sided, 8.5" x 11" paper. Do not use binders, tabs/dividers, staples or tape. 2. Include a copy of the current deed showing the property owners. 3. Attach correct fee. 4. Include a plot plan that shows all property lines and existing and proposed structures, parking, landscaping, lighting, etc. 5. If this application includes oversized plans a single, reduced -size plan no larger than 11" x 17" with graphic scale shall also be included. 6. All applicable standards and criteria must be addressed in writing prior to acceptance of the application. Detailed descriptions, maps and other relevant information must be attached to the application. FEE: $1,592 Applicant's Name (print): Cody Smith, Deschutes Co. Road Dept. Phone: (541) 322-7113 Mailing Address: 61150 SE 2711 St. City/State/Zip: Bend, OR 97702 Applicant's Email Address: Cody.Smith@deschutes.org Property Owner's Name (if different)*: N/A Phone: (N/A) Mailing Address: N/A City/State/Zip: N/A 1. Property Description: T16S R 12E, Sections 26 & 27. (No tax lots - County road right of way) 2. Property Zone(s): EFU & MUA-10 3. Property Size (acres or sq. ft.):-N/A 4. Lot of Record? (State reason): N/A, public road right of way 5. Property Address: N/A, public road right of way 6. Present Use of Property: County road, Rural Collector 7. Existing Structures: None 8. Request: Deschutes County Road Department ("Department") is requesting a nighttime (10 p.m.-7 a.m.) noise variance to construct the north leg of the Tumalo Rd / Tumalo PI roundabout. Tumalo Rd, a Rural Collector, has an average daily traffic (ADT) of 7,529 (2019) within the project limits. In addition, Tumalo Rd, a Rural Collector that serves as an on- and off -ramp for southbound Hwy 97, has a morning peak hour traffic volume of approximately 500 vehicles (2016) made up of vehicles exiting Hwy 97 to access Tumalo Road. 1 i NI l c'l1f t, c,ii, "t7 �,s;< < /A' I� ,� r uX 0 01)' , Rf,T1d, ` I� I// 600 Rev 5/18 Nighttime construction will result in reduced overall public inconvenience due to fewer vehicles being stopped; fewer vehicles requiring out -of -direction travel in the daytime due to lane and road closures; and increase worker safety within the construction work zone. If nighttime construction is not permitted, the Road Department anticipates that daytime work zone traffic control will result in traffic queues backing up onto Hwy 97 to the north of the project or several thousand vehicles from Hwy 97 will detour Tumalo Road through a network of rural local and minor collector streets. The Federal Highway Administration (FHWA) "Construction Noise Handbook" describes construction equipment noise levels and provides the following information for all equipment that may be used on the project, This data is for the period beginning in 1970 through 2006. The information is for both stationary and mobile sources and for steady, intermittent, and impulse type noises. Equipment Description Spec. 721.560 Lmax @ 50 feet (dBA, slow) Actual measured Lmax @ 50 feet (dBA, slow) (Samples averaged) Backhoe 80 78 Compactor (ground) 80 83 Compressor (air) 80 78 Dump Truck 84 76 Flat Bed Truck 84 74 Front End Loader 80 79 Generator 82 81 Grader 85 NIA Pavement Scarifier 85 90 Paver 85 77 Pickup Truck 55 75 Pneumatic Tools 85 85 Roller 85 80 Vacuum Street Sweeper 80 82 Warning Horn 85 83 Source: Table 9.1 RCNM Default Noise Emission Reference Levels and Usage Factors For each generic type of equipment listed in the table, the following information is provided: • The specification "Spec" limit for each piece of equipment expressed as Lmax level in dBA "slow" at a reference distance of 50 feet from the loudest side of the equipment. The measured "Actual' emission level at 50 feet for each piece of equipment is based on hundreds of emission measurements performed on Central Artery/Tunnel (CA/T) work sites. The National Highway Institute (NHI) provides additional information on what occurs when there are no barriers or objects between the source and receptor. Noise levels decrease 6 117 NW Lafayette Avenue, [Send, Oregon 97703 ( P 0 Box 6005, Bend, OR 97703-6005 `q; (5,11) 388-6575 @a cdd@)descht.-es org @www desclmes org/cd dBA each time the distance from the point source doubles in paved situations. In locations where soft ground exists, an additional 1.5 dBA decrease occurs per doubling distance. When the above numbers differ, the Road Department has used the higher (noisier) values when determining the dBAS for the equipment to be used. The Planning Division utilizes the Department of Environment Quality (DEQ) standards for noise as set forth in Oregon Administrative Rule (OAR) 340-035-0035 when reviewing noise permits under Deschutes County Code (DCC) 8.08. The Road Department has used Table 8, New Industrial and Commercial Noise Source Standards, from OAR 340-035-0035 to determine the potential noise impact area. Table 8 sets a nighttime standard of 50 dBA for noise. The highest dBA from the equipment table is 90 dBA, resulting in a potential noise impact area of a 3,200-foot radius from Tumalo Road and Tumalo Place. At 3,200 feet the highest expected dBA from any equipment would be 48 dBA, which meets the DEQ standard. Approximately 250 properties are within the noise radius area. The nighttime work is expected to begin no sooner than January 1, 2021. The duration of the nighttime work is anticipated to be no more than three weeks. The work will be completed by June 30, 2021. Nighttime work will occur between 10 p.m. and 6 a.m. Sunday night through Friday morning each week. Department will issue a media release to inform the travelling public no later than one week prior to start of work. Additionally, portable changeable message boards will be installed on Hwy 97 and Tumalo Road no later than two weeks prior to start of work. 8. Property will be served by: Sewer: N/A as project occurs on public right of way and no sewer is present. Onsite Disposal System: N/A, on -site portable systems will be used as necessary_ 9. Domestic Water Source: N/A To the best of my knowledge, the proposal complies with all previous conditions of approval and all other applicable local, state, and federal laws. By signing this application, I acknowledge that Deschutes County planning staff may make a site visit(s) to the address(es) listed on this application in order to evaluate the property(ies) with the Deschutes County Code criteria applicable to the land use request(s) submitted. Please describe any special circumstances regarding a potential site visit: Applicant's Signature:_ W Date: 1-15-2021 Property Owner's Signature (if different)*: ,, a I -:;>>. .:vE�l�, '��^,i , G .::�,u � ,�s;.� ;, J: I .�., �;u,btf d. I: 91/ 'QCA7S @ deS<) o,: s,!cU Agent's Name (if applica Mailing Ad Agent's Email Phone:(_) City/State/Zip: *If this application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete. If the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. vJ I �fov -w A_. i,w i,(_" )d; P h0 I,(A d, _ u )//08 >l)OS CQS;: 1��7 �.� �fA1t �C :C ,( �,_, CIF �,, YAv%.i .i .C.,'i t' C)1i 0 PROJECT LOCATION TU MALO PLACE REVIEWED QQ� LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NOISE PERMIT PURSUANT TO DESCHUTES COUNTY CODE (DCC) CHAPTER 8.08 LOCATION: Tumalo Place from Tumalo Road to U.S. 97. FILE NUMBER: 247-21-000033-V OWNER: Deschutes County Road Department OPERATOR: Cody Smith PHONE: (541) 322-7113 PROJECT DESCRIPTION: The applicant requests approval of a noise permit to allow nighttime construction to add the northbound leg to the Tumalo Road/Tumalo Place roundabout. The project will include removing the existing pavement surface and repaving. DATES AND TIMES OF PROJECT: Nighttime construction activities are anticipated to begin no sooner than February 17, 2021, and are anticipated to be completed no later than June 30, 2021. Nighttime construction will occur Sunday night through Friday morning, between 10:00 p.m. and 7:00 a.m. FINDINGS: The Board of County Commissioners (`Board") finds that a public necessity exists for granting this permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases the findings on evidence in the record and testimony at the hearing. These findings include: 1. A need to construct the northbound leg (aka Tumalo Place) of the Tumalo Road/Tumalo Place roundabout; 2. A desire to conduct construction from 10:00 p.m. to 7:00 a.m. to minimize traffic delays, decrease the risk of construction related accidents on Tumalo Road and Tumalo Place, and reduce potential traffic queues affecting US 97 and County roads. CONDITIONS OF APPROVAL: 1. Construction activities may be conducted beginning February 17, 2021. 2. Fifteen days prior to commencing any construction activities, the Owner shall notify all property owners who testified at the public hearing for this permit of the dates and times the construction activities will occur. 3. This permit expires June 30, 2021. 4. THE APPROVED PERMIT SHALL BE RETAINED ON -SITE UNTIL THE PROJECT IS COMPLETE. 5. BY ACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENT TO ALLOW BOTH COUNTY CODE ENFORCEMENT AND LAW ENFORCEMENT PERSONNEL TO COME ON THE PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND DCC 8.08, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. PAGE 1 OF 2- DOCUMENT No. 2021-155 ee ® 555 Dated this of , 2021 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary ANTHONY DEBONE, Chair PHIL CHANG, Vice Chair PATTI ADAIR, Commissioner PAGE 2 of 2- DOCUMENT No. 2021-155 �wT ES C,0 o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of February 10, 2021 DATE: February 5, 2021 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: Consideration of Updates to Code Enforcement Policy and Procedure Manual ATTENDANCE: CDD Director Nick Lelack, Code Enforcement Specialist John Griley, Code Enforcement Specialist Dan Smith, Administrative Manager Angela Havniear MEMORANDUM TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director Angela Havniear, Coordinated Services Manager Code Enforcement Team DATE: February 4, 2021 SUBJECT: Code Enforcement Overview, Draft Update & Schedule Summary Community Development Department Managers and Code Enforcement Staff met with The Board of County Commissioners (BOCC) in a work session on January 27, 2021. The focus of the work session was to initiate evaluation and update to the County's Code Enforcement Policy and Procedures Manual and applicable Deschutes County Code, beginning with a program overview, changes since the prior evaluation in 2014, and current practices and procedures. The project is a Community Development Department 2020-21 Annual Work Plan action. In this second work session, staff will seek Board direction on how to proceed with the evaluation and update process based on three decision matrices, attached, and public input process. The decision matrices are intended to provide a framework for the Procedures Manual and Deschutes County Code (DCC) review and consist of the following: 1. Matrix 1: Major program elements. 2. Matrix 2: Initial staff recommended program minor updates & Redline edit of 2014 Manual 3. Matrix 3: Potential program amendments. Board Direction The purpose of this second work session is to review supplemental materials provided in the January work session and to potentially seek direction on the decision matrices and next steps in this review. Board options for next steps and providing direction to staff include the following: 1. Public Process Staff seeks Board direction on the public input process to evaluate and propose amendments to the Procedures Manual and DCC. a. Board -staff work session(s) followed by public hearing(s) and adoption. 11 7 N\N Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 'QW541) 388-6575 @cdd9deschutes.org vvw.deschutes.org/cd b. Board -staff work session(s) with public comments followed by public hearings and adoption. c. Establish a work group of residents and staff to evaluate the matrices (some or all) and provide recommendations to the Board, followed by public hearing(s) and adoption. 2. Matrices _Staff will briefly present and summarize each Matrix and decision point. a. Matrix 1: Major Program Elements. i. If the Board confirms the major program elements, staff recommends proceeding with providing direction to draft the amendments in Matrix 2 to align the Procedures Manual, DCC, and Board policy. ii. If the Board supports changing any major program element, then staff recommends postponing discussion of Matrix 2 (amendments intended to align the Manual, DCC and Policy) and proceed to Matrix 3. b. Matrix 2: Alignment Amendments to Implement Matrices land 3. Final decisions in this matrix will implement decisions made based on the Matrices 1 and 3. c. Matrix 3. Program Amendments. Based on the Board's preference in the public options process above, the Board may: i. Proceed with discussing and providing direction to staff at this or future meetings; or ii. Schedule follow-up work session(s) to discuss decisions in this matrix with public comments; or iii. 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N .Q o a Deschutes County Community Development Department TABLE OF CONTENTS �� .*: 5'.3,Fs�°U PREFACE.......................................................................................................................................................... 3 1. MISSION..........................................................................................................................................4 II. PURPOSE.........................................................................................................................................4 Ill. INTERPRETATION............................................................................................................................ 5 IV. CODE ENFORCEMENT PHILOSOPHY...............................................................................................5 A. Enforcement Levels......................................................................................................................................5 B. Sequence of Enforcement...........................................................................................................................5 C. Criteria for Choosing Level of Enforcement...............................................................................................5 V. PRIORITIES FOR CODE ENFORCEMENT..........................................................................................6 A. Priority Cases........................................................................................................................................ 6 B. Lower Priority Cases.............................................................................................................................. 6 C. Solid Waste........................................................................................................................................... 7 VI. APPLICABILITY.................................................................................................................................7 VIL INITIATION OF CODE ENFORCEMENT..............................................................................................7 A. Citizen Complaints.......................................................................................................................................7 B. Observation by Code Enforcement Staff.............................................................................................. 8 C. Proactive Code Enforcement......................................................................................................................9 D. Permit/Approval Condition Monitoring by CDD Staff.......................................................................... 9 E. Report by County Staff ............................................ ....................................................... ................... I... 9 F. Report by County Commissioner........................................................................................................10 G. Information from Official County Records.........................................................................................10 VIII. RECORDING COMPLAINTS..............................................................................................................10 IX. NOTICE OF INVESTIGATION..........................................................................................................10 X. INVESTIGATION............................................................................................................................11 A. Preliminary Matters............................................................................................................................11 B. Establishing the Elements of a Violation.............................................................................................11 C. Assignment of Investigation and Enforcement Responsibility...............................................................12 D. Field Investigation......................................................................................................................................12 E. Report of Field Investigation...............................................................................................................13 XI. ENFORCEMENT PROCEDURES......................................................................................................14 A. Voluntary Compliance...............................................................................................................................14 B. Notice of Violation.....................................................................................................................................15 C. Citation and Complaint..............................................................................................................................16 D. Injunctions..........................................................................................................................................17 E. Permit Revocation......................................................................................................................................18 F. Nuisance Abatement..........................................................................................................................19 G. Dangerous Building Abatement................................................................................................................19 H. Investigative Fees...............................................................................................................................19 I. Assisting Enforcement by Other Regulatory/Licensing Agencies...........................................................19 J. Civil Penalties......................................................................................................................................20 K. County Cost Recovery................................................................................................................................20 L. Liens....................................................................................................................................................21 XII. RESOLUTION OF CODE COMPLAINTS............................................................................................21 XIII. AMENDMENTS................................................................................................................................22 Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 2 of 22 Code enforcement in Deschutes County is a high priority for the Board of County Commissioners ("Board"). The Board believes the policies and procedures in this manual will enhance code enforcement and thereby the quality of life in Deschutes County. In August 1994, the Board established the Deschutes County Code Enforcement Task Force to study County Code Enforcement,- to recommend improvements to the program and to identify statutory or County Code changes that may be required to increase the effectiveness of County Code enforcement. The task force included citizens, representatives of the construction and real estate industries, representatives of the state court system and law enforcement, County Legal Counsel, managers of the County's Community Development Department ("CDD") and the County's Code Enforcement staff. The task force met three times during 1994. In January of 1995, they presented a report to the Board containing their recommendations. The Board accepted those recommendations, and directed County staff to begin to implement them. Among the recommendations was the development of a County Code Enforcement policy and procedures manual. The key task force recommendation in 1995 was the implementation of a more "proactive"," or County -initiated, Code Enforcement program. Such a program would begin simultaneously with adoption of the manual and would apply to County Code violations occurring oil or alter t he effective date of the manual. This recommendation effectively created a two -pronged approach to code enforcement — somewhat different policies and procedures for violations occurring before, and after, the effective date of the manual. The intent of this approach was both to increase code enforcement after giving the community ample notice of the County's new, "tougher" enforcement policy, as well as to set enforcement priorities and manage the County's Code Enforcement workload in a manner that is realistic, clear and credible to the community. The original policies and procedures manual reflected this new approach. The County amended the manual in 1997 to reprioritize the criteria in Section IV and to reclassify and add enforcement staff. Since then, the County added Deschutes County Code ("DCC") Chapter 1.17 to adopt the required administrative hearings process required by ORS 455.157 adopted by the State Legislature in 2009 for building and specialty code violations. The County also amended Chapter 1.16 to add an additional injunctive remedy once a violation is cited into Circuit Court. In 2014, CDD staff reviewed the manual and suggested changes to the Board, which reviewed the staff -proposed changes and made additional revisions. Prior to the 1995 manual, code enforcement was primarily reactive, generated by complaints. However, the complaint -driven system was not effective by itself in stemming the tide of County Code violations in the County. With the adoption of the original manual, CDD staff, with the assistance of County Legal Counsel, law enforcement and the court system, and within available resources, was able to undertake more proactive efforts to identify County Code violations and to obtain compliance as well as respond to citizen complaints. h Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 3 of 22 Similar to the 1995 manual, the proactive efforts under this 2014 manual will focus on the following areas: A Timely monitoring and enforcement by County staff of permit and approval conditions; A Revocation of permits for non-compliance; A Abatement of nuisances and dangerous buildings; A Assisting in related code enforcement by other agencies; and A Civil procedures to obtain compliance and to recover the County's code enforcement costs 1 � The purpose of the Deschutes County Code Enforcement Policy and Procedures Manual (hereafter "manual") is to provide written guidelines for: A. The prioritization of code enforcement cases; B. Initiation and investigation of code violation complaints; C. Enforcement of the County Code through voluntary compliance; D. Prosecution of code violators who do not comply; E. Sanctioning of code violators and the assessment of fines and penalties; and F. Recovery of the County's investigation and enforcement costs. These written guidelines are intended to increase consistency and predictability within the County's Code Enforcement program, and to educate the County's citizens and property owners about code enforcement and the consequences of violating the County Code. s Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 4 of 22 SEE This manual describes the standard policies and procedures for code enforcement, and should be interpreted so as to maximize both the efficiency of County Code enforcement and compliance with County Code. This manual should be followed unless otherwise directed by the CDD Director, Director's Designee ,DiFeeter ef the GDD or the Board of County Commissioners ("Board"). IV. CODE ENFORCEMENT PHILOSOPHY .. ORION" Policy, The County's policy is to enforce compliance with County Code in all cases of reported and verifiable code violations. However, the County has limited code enforcement resources. Consequently, the County has established, through this manual, both a priority ranking for code enforcement and procedures designed to maximize available code enforcement resources. Code Enforcement should follow the priority ranking set forth in Section V of this manual. It also should be flexible enough to allow the level of enforcement that best fits the type and circumstances of the code violation(s), within clear and objective criteria set forth in this manual and consistent with the priorities. A. Enforcement Levels. The levels of enforcement available to the County are: 2. Mediated settlement of code violation complaints; 2. . Enforce rnen Notice (hereafter "NOWEN"); 3, vesti alive feces on permits required for code compliance; pq p 4. Obtaining voluntary compliance; 6. Permit revocation; 7. Citation and prosecution of violation in state court or Novice of Violation and_Pr�pgsec�_Civii_ F erralc ,(here fitc�_"!�( VC6ciq administra ti irearii xs; tfi�"��(-roUgi(h-- }.- t�-`c-!'�':t�/,�r.i,-r-i?'"n-is k-4_Aiv.r---kxa- r4l g&—, "%2'".-'�3'C�`t 1-ry&' � i��l✓'t"<3'%f G�{`"�.t-�Ci �`C�'%�Y;�t2,"4'"2i 1'"i4�,'�! 1-E) 0..—Petition for injunction in circuit court; 12.9. Nuisance grc4ai cresu.s,l�uil �lguabatement; B. Sequence of Enforcement. The levels of enforcement are not mutually exclusive, and may be used alone or in sequence or combination with other levels. However, in most code violation cases, the County will use the code enforcement levels in the sequence they appear in Paragraph A. C. Criteria for Choosing Level of Enforcement. Some code violation cases may have aggravating circumstances requiring a different sequence for enforcement activity than that set forth in Paragraph A. The County may choose a different sequence if one or more of the following circumstances is present: Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 5 of 22 1. The code violation is severe (e.g., deviates greatly from the Code); 2. The violation poses a significant threat to public health and safety, or to the environment; 3. The violation may cause economic harm to individuals or to the County as a whole; 4. The physical size or extent of the violation is significant; S. The violation has existed uncorrected for a significant period; 6. There is a previous history of complaints and code enforcement on the subject property and/or with the alleged code violator; 7. There is good potential for combining enforcement action on the violation with other violations; ---T e-r-Oavve,beryref t- —oa& me . _ T11-4-a -c i v 3 a i'fl h-at- 0$L-?-'A latjpoi r s -c -be- -&r ! i-A-ec ?:rraf EE AY-PrrvsG-zc-€'te-ds wld B. There is little likelihood of obtaining voluntary compliance. V. PRIORITIES FOR CODE ENFORCEMENT -N Policy. County staff shall attempt to investigate and resolve all code violations within budget and staffing restraints. However, because of limited code enforcement resources, there may be times when all code violations cannot be given the same level of attention and some code violations may receive no attention at all. In circumstances where not all code violations can be investigated, the most serious violations, as determined under the priorities set forth in this section and the criteria for enforcement in Section iV(C) of this manual, should be addressed before the less serious violations are addressed, regardless of the order in which the complaints are received. However, complaints alleging both priority and non -priority violations should be processed togetherto maximize efficiency. A. Priority Cases. The Board has established the following priorities for CDD code violations: f 1. Violations that present an imminent threat to public health and safety; 2. Violations affecting rivers, streams and/or adjacent riparian areas; 3. Solid Waste Code violations; Environmental Soils violations —and Building Code violations consisting of ongoing non -permitted construction or failure to obtain permits for construction started after the effective date of this manual; 4. Land use violations. Policy. Complaints alleging code violations that do not fall within the priority ranking above should be processed in the order in which the complaints are received, and as Code Enforcement resources allow. Exception:. At the discretion of Code Enforcement staff, complaints may be processed in any order that maximizes the efficiency of enforcement. f , Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 6 of 22 Procedure. All complaints concerning a particular type of code violation (e.g., non -permitted manufactured homes in manufactured home parks), or all complaints of violations occurring in a particular geographic area, may be processed together, regardless of the order in which the complaints are received. C. Solid Waste. The County Solid Waste Department may engage any other County Department/ Office to administer its Code Enforcement program for County solid waste code violations. Policy. This manual applies to all code enforcement carried out by CDD, its employees and agents. Except as otherwise provided, the policies and procedures in this manual apply to all alleged code violations whether or not they existed or were known by the County on the effective date of this manual. The policies and procedures in this manual supersede any conflicting County policies and procedures. Non -Applicability to Covenants, Conditions and Restrictions. Many subdivisions and planned communities are subject to private, recorded covenants, conditions and restrictions (CC & Rs). The County's policy is not to enforce private CC & Rs. Non -Applicability to Private Legal Action. Citizens may undertake private legal action to enforce County Code, including civil litigation against the alleged code violator, as well as personally filing citations and prosecuting County Code violations in court. The policies and procedures in this manual do not apply to private legal action to abate violations. Neither should they be interpreted to suggest that the County will participate in such private legal action. i Code enforcement may be initiated by any of the following methods: A. Citizen Complaints. Any person may make a complaint to the County alleging one or more code violations. 1. Form, A citizen may initiate a complaint by submitting a letter to CDD, completing the complaint form approved by the County and available online, or by contacting CDD. If a citizen submits a complaint by phone or written communication other than a completed complaint form, County staff shall complete the complaint form. If the County receives a written complaint other than the County -approved complaint form, the written complaint shall be attached to a complaint form completed by County staff. To be investigated, a citizen complaint must contain all information required on the complaint form. _ Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 7 of 22 Policy. The County's policy is to not accept anonymous County Code violation complaints. The County believes that anonymous complaints are not as reliable as those made by complainants who are willing to identify themselves. In addition, in many cases, the complainant's identification and testimony in court may be necessary for successful prosecution of Code violators and Code Enforcement. Exceptions. The County recognizes there may be cases justifying an exception to this policy. These are cases where the nature of an anonymous complaint reliably suggests the existence of code violations presenting an imminent threat to public health and safety or to the environment, which threat easily may be verified by County staff. In such cases, as determined by the CDD Director or designee, County staff shall accept the anonymous complaint and investigate it. Policy. The County's policy is to maintain the confidentiality of Code Enforcement complaint files and computer records, including the identity of the complainant, to the extent legally possible. The County believes it is important to maintain this confidentiality to assure effective investigation and prosecution of code violations. In addition, the County recognizes that some complainants do not want their names disclosed to the alleged code violator for fear of retaliation. However, in some cases it may be necessary for successful prosecution and enforcement forthe complainant to be identified and to testify in court. Exceptions. In cases where the County chooses to cooperate with, or defer to, federal or state agencies for code enforcement, the contents of the file may be disclosed, as necessary, to the other agency. Procedure. In order to maintain the confidentiality of Code Enforcement complaint files and the identity of the complainants, while assuring effective prosecution and enforcement and compliance with state law, the following procedures apply. a. Code Enforcement files will be maintained as confidential files throughout investigation, violation prosecution and/or other types of code enforcement to the extent legally permissible. b. The contents of Code Enforcement files will not be disclosed to anyone other than County staff who have a reason to know about and who are involved in the investigation, or to similar staff of an agency with which the County is cooperating. The contents of the file will not be disclosed to any other person absent court order, until: 1) the investigation is complete and a citation discovery request is made; or 2) the file is closed and disclosure is made pursuant to the public records law. B. observation by Code- Enforcement- Staff. Code- Enforcement- staff -often- observe additional potential County Code violations while conducting complaint investigations. Such observations may form the basis for additional investigation and enforcement action. Policy. The County's policy is that Code Enforcement staff document any potential code violations the staff observes on property that is the subject of their current investigation. Code Enforcement staff shall investigate documented additional potential violations. If substantiated, staff may address noted additional violations. Staff may also document and address code violations observed on any property adjacent to the subject property, which violations are observable from the subject property. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 8 of 22 C. Proactive Code Enforcement. Within available code enforcement resources, the County may undertake a number of County -initiated procedures for proactive code enforcement. These procedures may include: 1. Investigations and prosecutions of code violations in particular geographic areas; 1 Investigations and prosecutions of code violations of a particular type throughout the County; 3. Timely and regular follow-up by CDD staff for compliance with conditions and requirements for permits and approvals; 4. Reporting by County staff of code violations observed while conducting County business; 5e Examination and comparison of County files for evidence of code violations; 6. Revocation of permits and approvals for failure to comply with requirements or conditions; 7. Cooperation with code enforcement by other regulatory and licensing agencies; and 8. Cooperation with utility companies to terminate service, to the extent authorized by law, to non -permitted uses on property. Do Permit/Approval Condition Monitoring by CDD Staff. The County routinely issues land use, environmental and construction permits with a variety of requirements and conditions, and timelines for meeting them. For example, a land use approval may require landscaping the site by a certain date, and building permits expire if construction progress and inspections are not made within periods set by state law. Code violations occur when these permit and approval conditions are not timely met. Policy. The County's policy is that CDD staff may conduct timely and regular monitoring of conditions of approval and similar permit requirements for all permits and approvals. F97077. 1 1. All persons issued permits or approvals shall be given written notice of the consequences of failure to comply with requirements and conditions, including potential code enforcement. tie If any permits and approvals are found not to be in compliance with conditions of approval or other permit requirements, staff in the appropriate CDD division assigned to the permit or approval monitoring shall undertake appropriate action to obtain compliance. 3. If the assigned CDD staff are unable to obtain compliance within a reasonable time established for that purpose, they shall report the violation, and,ar_ry_enforcennent_,acgdon r� r_ n ..� qireadu r,al<�n to Code Enforcement--aR�--�---�� ;c� 1�,t ,��c sta4-r af--a,ay � rC F� G 6f iS Ci f nor for further codcomp QqL. , code �_ 4, Ea Report by County Staff. In many cases, County staff may be in a unique position to observe potential code violations. For example, a property appraiser in the Assessor's office may be the only person able to observe new construction for which there is no permit. Policy. Any County staff member may report to Code Enforcement staff possible Code violations observed while conducting County business. Exhibit A to Order No. 2014-026 -Code Enforcement Procedures Manual, Page 9 of 22 Prmmdure. Reports by County staff under this subsection shall be made on a complaint form provided by CDD Code Enforcement Staff. F. Report by County Commissioner. A member of the Board may report a potential code violation, or may request that Code Enforcement staff investigate a citizen report of a potential code violation. The commissioner may complete a complaint form or report the alleged violation in any other written form. If a Board member submits a written report other than a complaint form, that report shall be attached to a complaint form completed by Code Enforcement staff. G. Information from Official County Records. Potential code violations may be discovered by examining the County's own official records. For example, cross-referencing between the Assessor's records and CDD's records may reveal construction or land use activity without necessary permits or approvals. CDD staff- may also discover code violations by comparing the County's own land use, environmental health and construction permit records with each other. Policy. CDD staff may regularly compare all pertinent County records to identify potential Code violations. Procedure. Code violations discovered through comparison of information in County files shall be reported to Code Enforcement on a complaint form. Mlle RECORDING COMPLAINTS s0 REHM All complaints received by Code Enforcement shall be recorded in CDD's computer system. The Complaint Record is the official record of the complaint and its investigation and resolution. The Complaint Record shall include the following minimum information: 1. An assigned complaint number; 2. The tax map number and tax map for the subject property; 3. Which Code Enforcement staff is assigned to the case; 4. The complaint form; 5. Documentation of investigation; 6. Assessor's information on the subject property. IX. NOTICE OF INVESTIGATION s F �,�� z ��y�ss�IN�gg When Code Enforcement initiates investigation, it may provide notice to any CDD division, other County department, or federal or state agency that may have an interest in the alleged code violation. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 10 of 22 3, Permit Status. The status of any land use, environmental health, construction or other similar permits on the subject property shall be determined. 4. Property Ownership. All persons with a recorded legal interest in the subject property should be identified. These persons should include the owners, contract purchasers, lessees and lienholders or other security interest holders. 5, Other Potentially Responsible Persons. In addition to the persons listed in subparagraph 4 of this paragraph, any other persons potentially responsible for the alleged code violation(s) should be identified. These persons could include tenants, construction and landscape contractors and excavators. 6. Identification of Applicable Code Provisions. The Code Enforcement staff, with the assis- tance of other CDD staff and County Legal Counsel as necessary, shall identify the pertinent provisions of the County Code that may have been violated according to the complaint. 7. Prior Complaint History. The Code Enforcement staff shall examine CDD records to determine the existence and status of any prior or existing code violation complaints on the subject property or concerning the alleged violator. B. Establishing the Elements of a Violation. Before a NatA.c.---�f--\d-iol,-,'-K->4,iPre-En-forcement Notice ("NOWEN") is sent, it must be determined whether the complaint, if true, establishes a code violation. If it does not, the case should be resolved by file closure as provided in Section XII of this manual. Code Enforcement staff ma , in some instances, make mediation referrals where such referral is antici d,to_ �,restc>ct s�i��y_ar livability_,_ The Code Enforcement staff, with the assistance of other CDD staff and County Legal Counsel as necessary, and after any necessary field investigation, shall determine if the following elements have been established. 1. Responsible Person. The person or persons who are reasonably believed to have committed the code violation, or who are or may be legally responsible for the alleged code violation, have been identified. 2. Alleged Violation Occurred or is Occurring. A complaint may allege a code violation that occurred in the past (e.g., construction without a permit) or that occurs only intermittently (e.g., surfacing sewage from a drain field, or periodic non -permitted commercial activity in a residential zone). Code Enforcement staff shall determine whether there are reasonable grounds to believe the alleged violation occurred or is occurring. Such grounds may be established either by personal observation by Code Enforcement staff or by reliable evidence from a complainant. If Code Enforcement staff determines that reasonable grounds do not exist, no enforcement action should be taken until the complainant or the Code Enforcement staff has had a reasonable opportunity to develop such grounds. If no reasonable grounds are developed :f®rcem ®rr� 4-026 - Code Enforcement Procedures Manual, Page 11 of 22 within a reasonable period, the case should be resolved by file closure- as provided in Section XII of this manual. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 11 of 22 3. Relevance of Statute. In some instances, a complaint may allege a code violation on property subject to other protections. A common example is the State's prohibition on local laws governing forest and farm practices (ORS 30.934 and 30.935). Code Enforcement staff shall, with the assistance of other CDD staff and County Legal Counsel as necessary, consider the relevance of statutes in substantiating a County Code violation. If Code Enforcement staff verifies conflicting relevance under the law, the case should be resolved by file closure as provided in Section XII of this manual. .2 1: 101VAQUES 1 Policy. The responsibility for field investigation and code enforcement should be assigned to the CDD staff most able and qualified to conduct the investigation and undertake appropriate enforcement action. For example, alleged violations of environmental health codes may best be investigated and resolved by County Sanitarian. However, all code enforcement activity should be coordinated with Code Enforcement staff and all NQ�As- P-EN's -and Voluntary Compliance Agreements (VCA's) will be drafted by Code Enforcement staff. _w .__ 1. Assignment. Assignment of field investigation and Code Enforcement responsibility shall be made by the CDD Director, on a case -by -case basis or pursuant to standing policies in this manual or elsewhere. The following criteria shall be used for assignment of responsibility: a. The nature of the code violation(s) alleged in the complaint; b. The knowledge and expertise needed to investigate the alleged violation; c. The history of prior code enforcement on the subject property or with the alleged violator; d. The status of permits and approvals on the subject property; and e. the workload of the relevant CDD division staff and the projected timeline for investigation and resolution of the complaint. 2. Coordination. Whenever responsibility for Code Enforcement activity is assigned to CDD staff other than Code Enforcement staff, such staff shall consult with Code Enforcement staff and keep them advised of their activities. When CDD staff other than Code Enforcement staff is assigned to investigate a code violation complaint for which a Complaint Record has been created, such staff shall enter into the record a report of any action undertaken to investigate or to obtain compliance. .» 1. Purpose. The purposes of Code Enforcement field investigation are: a. to verify the existence and severity of code violations; b. to document code violations by means of written notes, photographs, witness interviews, etc.; c. to obtain supporting evidence such as photographs, measurements, names and statements of potential witnesses, etc. 2. Coordination. Whenever responsibility for field investigation is assigned to CDD staff other than Code Enforcement staff, the coordination and notification described in Paragraph C(2) of this section shall occur. 2 Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 12 of 22 Policy. Code Enforcement staff and other assigned CDD staff, as well as members of the public, should not be exposed to unreasonable risks of violent confrontation or injury during the course of field investigations. Code Enforcement staff and other assigned CDD staff shall take whatever actions are reasonable and necessary to minimize the known risk of violent confrontation or injury to themselves or others in conducting their field investigations. Procedure a. Law Enforcement- Assistance. When appropriate, Code Enforcement staff or other assigned CDD staff should contact the Sheriff's Office to determine if there have been previous criminal complaints or investigations concerning the subject property or alleged code violator, and whether, in the opinion of the Sheriff's Office, a field investigation would present any threat to the safety of Code Enforcement staff, other staff, the alleged code violator or other persons present during a field investigation. Code Enforcement staff or another assigned CDD staff person- may request law enforcement assistance in conducting the field investigation, and may postpone such investigation until law enforcement assistance is available. b. Announced/Unannounced Field Visits. At the discretion of Code Enforcement staff or other assigned CDD staff, a field visit to the vicinity of the subject property may be conducted with or without prior notice to the property owner, occupant or alleged code violator. The determination of whether or not to give prior notice shall be made on the basis of the following criteria: 1. The nature of the alleged violation; 2. WhPthar nr not prior nntirP will make detection and documentation of the alleged violation more difficult; and 3. Whether or not prior notice will unnecessarily increase the known risk of violent confrontation or injury to Code Enforcement staff or other assigned CDD staff. c. Entering Upon Property or Premises Policy. It is the County's policy that Code Enforcement staff and other assigned CDD staff shall not enter upon private property or premises to conduct a field investigation without authority to enter. Procedure. Code Enforcement staff may enter unposted property to seek permission to investigate on the premises. Unless permission is granted, the investigation shall be conducted from public roads or property where permission to enter has been granted. If Code Enforcement staff or other assigned CDD staff- does- not --have permission or other authority to enter upon property or premises, and entry upon the property or premises is necessary to conduct the investigation, Code Enforcement staff or other assigned CDD staff shall consult with County Legal Counsel about obtaining a search warrant. 1. Report. Upon completion of the me initial_. investigation, Code Enforcement staff or other assigned CDD staff shall complete a report of investigation in the Case Record. The report shall include the following information: Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 13 of 22 a. Name of investigator; b. Date, time and place of field visit; c. Code violation(s) observed; d. if no code violations) observed, an explanation; e. Witnesses, if any, interviewed; f. Evidence, if any, obtained (e.g., photographs); g. Discussion, if any, of violation with owner, occupant or other responsible person; h. Action necessary, if known, to correct violation; and i. Recommended enforcement action. 2. Complainant Notification. Upon completion of the i.nitia(_._investigation, Code Enforcement staff shall notify all_citizen and other ages y complainants of the status of complaint investigation. This notification should include information on whether a case will be opened, the reason a case will or will not be opened, and name and contact information of the staff member assigned the Code Enforcement case. Policy. The primary objective of CDD Code Enforcement is voluntary compliance. Staff encourages voluntary code compliance by providing code violators and other responsible persons with information about the County Code and an opportunity to comply with the County Code within reasonable timeframes and with little or no penalty. The County believes that voluntary compliance generally , loss e e for all parties and of an Moro cnticfnrto ry nnri Inctina notnra l.ollll.11ldlll.0 �ellel ally �� ieaa expensivefor an parties and v� a ��w... .,u �.,. y m— .--b ..........�- than involuntary compliance. Notwithstanding this objective, the County believes that allowing Code violators the opportunity to voluntarily comply any time during code enforcement, or outside reasonable time limits for such compliance, may actually result in abuse of this opportunity in order to delay compliance. Therefore, it is the County's policy to limit the time frame during which Code violators may come into voluntary compliance with little or no penalty. The following procedure shall apply whenever a code violator brings his or her property into compliance during the code enforcement process: 1. Compliance Timing s: Staff Response Timing of Compliance Disposition After complaint/ before citation cif- File closed. Application of permit investigative fees where NOV. applicable. After citation/before trial or CDD recommends dismissal of citation, no cost recovery, hearing before hearings officer application of permit investigative fees where applicable. At time of trial or hearing CDD recommends prosecution, conviction or guilty plea, before hearings officer rntaadmm-fine or civil penalty, injunction, cost recovery, application of permit investigative fees where applicable. of Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 14 of 22 2. limited Time Frames. Opportunities for voluntary compliance, where provided, shall be of limited duration. The facts in each case differ. Therefore, Code Enforcement staff shall consider the appropriate time frame for compliance on a case -by -case basis. 3. Time Extended by Voluntary Compliance Agreement. Following the issuance of a 49VPE:l 1, if the alleged violator admits the violation(s) and requests extended time for voluntary compliance, the alleged violator shall sign a "Voluntary Compliance Agreement in a form acceptable to the County." The agreement shall provide that, in exchange for the extended time for voluntary compliance, the alleged violator agrees to abate the violation(s) by a specified time, and, if voluntary compliance is not obtained during this extended time, to waive hearing in any subsequent violation proceeding and consent to entry of judgment and imposition of penalties, costs, injunction, and/orsuch other relief as is deemed appropriate. B. 1 �:e- f i 3tk-mPre-Enforcement Nook gjPEN). 1. When Sent. When Code Enforcement staff or other assigned CDD staff determines there are reasonable grounds to believe a violation did or does occur, based upon the information in the complaint and any field investigation, an We -PEN shall be sent on a standard form approved by the CDD Director or in a letter or notice sent by the appropriate CDD division staff. 2. To Whom Sent. A N-»V- PEN -shall be sent to all persons liable for the violation under Deschutes County Code. � 3. How Sent. NOV--c�-PEN's,_shall be sent by certified mail or by other method of dehvery, Ps appre qd bytJ,eC:D Director or_.Des4�)nee to the best available address for the persons described in Subsection 2 above. 4. Follow Up. If, within 15 days of the mailing of the 40-V-PE N, the liable persons have not contacted Code Enforcement staff, Code Enforcement staff shall determine the next step in the code enforcement process, including warning and/or citation. 5. Compliance. If the Code Enforcement staff determines that the required corrections have been made or the liable persons have provided evidence that no violation exists, the date and method of compliance shall be noted in the Complaint Record and the case shall be resolved by file closure pursuant to section XI I of this manual. 6. Corrective Action. In some cases, corrective action may consist of both applying for and obtaining necessary permits or approvals. In such cases, the permit or approval application alone will not be sufficient to assure compliance. The liable person must complete the application process, including all appeals, within a reasonable time and not allow the application to expire. Once permit approval is obtained, the liable person must complete all permit conditions prior to the expiration of any permit approval. Policy. All code violation cases shall remain open until all permit conditions and other required corrective measures are completed. 1. Where the required corrective action consists of both applying for and obtaining permits or approvals, Code Enforcement staff, in consultation with other appropriate CDD staff, shall determine a reasonable time frame for applying for and obtaining the necessary permits or approvals. ®rcem 6dd0r(dgR-026 - Code Enforcement Procedures Manual, Page 15 of 22 2. If at any time during the process for obtaining necessary permits or approvals the alleged violator fails to meet the reasonable timelines established by Code Enforcement and such failure does not result from the actions of others, Code Enforcement staff shall cite the alleged violator pursuant to Paragraph C of this section. 3. If the alleged code violator is not granted the necessary permits or approvals, Code Enforcement staff shall cite the alleged violator pursuant to Paragraph C of this section unless (a) the alleged code violator enters into a written agreement with the County to comply with the County Code within a time frame established by Code Enforcement staff, or (b) a lender has begun foreclosure proceedings and, in the opinion of Code Enforcement staff, is likely to address the violation within a reasonable time after the foreclosure. �,�Mflmm 1. Non -Compliance. Where voluntary compliance cannot be obtained by CDD within a reasonable time -frame, Code Enforcement staff may cause a citation to issue or may ,issue -_a Notice ..._of.__ Violation ._._and__Proriose.dCivil _ Pena administrative administrative enforcement hearing proceedings in accordance with County Code. 2. e14--lnvestigation Required. No citation to state court or:i --a- aifSE P;irc Fei-,�aI�IC\1 shall be prepared unless and until an field -investigation has verified the existence of a Code violation. 3. Form. All citations to state court shall be on a uniform citation which conforms to ORS 153.045 through ORS 153.051. Q �-mons--or-,no4cef,-NCV's for administrative enforcement hearing proceedings shall be on the form required by County Code. 4. Issuance of Citation. Anv person authorized by County Code Section 1.08.025 may issue a citation or I�7\/. The person issuing the citation or f�4OV mustriab�vc rir the conduct or circumstances constituting a violation. 5. Service. All citations to state court shall be served in accordance with ORS 153.154. GitatierY,= -,� i ;ter-�L �� Free rcrt�r r73F f€rITIvOV's shall be served in accordance with County Code. 6. Setting Arraignment/Administrative Hearings. For citations to state court, the officer serving the citation shall set the date for arraignment. Fordm��i�sc�r-ni�r frca k�4isI�C?V's, Code Enforcement Staff shall set the date for the hearing in accordance with the County Code. a. Purposes. The purposes of arraignment are to: 1. Allow the defendant to enter a plea to the citation; 2. Resolve any jurisdictional issues; 3. Set a trial date if the plea is not guilty; and 4. If the plea is guilty, allow the defendant, the Sheriff's Office Deputy and other County Code Enforcement staff the opportunity to provide information to the court regarding penalties and related matters. b. Appearance by County Legal Counsel. County Legal Counsel shall not represent the County at arraignment unless the defendant has legal counsel at arraignment. fw Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 16 of 22 . Failure to Appear at Arraignment in State court. If the defendant fails to appear at arraignment, Code Enforcement staff may request that the court enter a default judgment in favor of the County and impose penalties against the defendant. 9. Trial. If the defendant pleads not guilty to the allegations in the citation, Code Enforcement staff shall request that the court set the matter for trial at the earliest available date. a. Burden of Proof. The County has the burden of proving at trial, by a preponderance of the evidence, the allegations in the citation. b. Responsibility of Code Enforcement Staff. At trial, the responsibility of Code Enforcement staff is to prosecute the case by presenting evidence, calling witnesses and offering any relevant documents and other exhibits in support of the citation. c. Appearance by County Legal Counsel. County Legal Counsel shall not represent the County at trial unless the defendant is represented by legal counsel at trial. MM a. Schedule. The schedule of maximum fines for County Code violations is set forth in DCC 1.16.010. b. Amount. If the defendant is convicted, Code Enforcement staff shall request that the court impose a fine in an amount consistent with the County Code. 11. Suspension of Fines. The Circuit Court has authority to suspend the imposition of all or a portion of a fine. In some cases, the court may wish to suspend imposition of a fine or a part thereof on the condition that the defendant comply with County Code within a specified time period. a. Policy. It is the County's policy to increase the effectiveness of code enforcement activity and the incentives for code compliance by discouraging any suspension of fines in County Code violation cases. b. Procedure. If a defendant is convicted, Code Enforcement staff and/or County Legal Counsel shall advise the court of the County's policy against fine suspension and shall ask the court not to suspend imposition of fines. 12. Collection and Distribution of Fines. Fines imposed by the state ..._court for County Code violations are collected by the State Court Administrator and are remitted in part to the County. . rc=s_im ©sed frc r �. civil rn lzk (M�Larii. 5 uire_rc„rnit_ted_to the Co rLty a. Policy. It is the County's policy that all fines imposed for County Code violations and remitted to the County should be used to pay the costs of County Code enforcement. b. Procedure. All fines imposed by the court or the Code Enforcement Hearinvs Officer for County Code violations and remitted to the County shall be deposited Mhe r ounty �- i Ems. aim- - tans-f&r 9--i n the CDD Revenue Fund for budgeting and expenditure in the Code Enforcement program. Policy. Code Enforcement staff shall seek injunctions from the court in cases where other forcem Rn0Ar -026 - Code Enforcement Procedures Manual, Page 17 of 22 methods of code enforcement may be inadequate or have been unsuccessful. �-1Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 18 of 22 Procedure 1. When Sought. Code Enforcement staff may contact County Legal Counsel to obtain/ coordinate injunctions in any case in which: Code violation(s) present an imminent threat to the public health and safety or to the environment; or Code violations have not been corrected within a reasonable time after a defendant was found by the court or County Hearings Officer to be guilty of a code violation. 2. By Whom. Pursuant to DCC 1.16.040, Code Enforcement staff (or County Legal Counsel if appearing in the case) may request that the court order injunctive relief and/or abatement as part of the penalty in a code enforcement proceeding. Alternatively, County Legal Counsel may initiate a separate legal action for injunctive relief and/or abatement of a violation. 3. How Enforced. After issuance of an injunction, if the defendant fails to comply within the time period specified in the injunction, the Sheriff's Office or CDD staff shall request that County Legal Counsel initiate civil contempt proceedings against the defendant. E. Permit Revocation, Certain County Codes authorize the revocation of permits or approvals for failure to comply with their requirements or conditions. Policy. To maximize code compliance, the County shall revoke permits and approvals to the extent authorized by law in appropriate cases. Revocation of permits are particularly appropriate in cases in which corrective action may not be effective in bringing the subject property into code compliance due to the nature of the violation and the deliberateness of the code violator's actions in violating the Code. 1. Report to Code Enforcement Staff. If the County staff responsible for monitoring and/or reviewing a particular type of permit determines that the conditions or requirements of a permit or approval have not been met, that staff member shall inform Code Enforcement staff of such violation, and Code Enforcement staff shall enter the information in the Code Enforcement electronic files. 2. Revocation Procedure. The County staff responsible for monitoring and/or reviewing a particular type of permit shall determine whether to undertake permit revocation proceedings as authorized under the applicable County Code provisions. The following factors shall be considered: a. Whether the criteria for permit revocation set forth in the applicable County Code provisions exist; b. The severity of the deviation from the permit or approval requirements or conditions; c. The deliberateness of the deviation from the permit or approval requirements or conditions; and d. Whether compliance can be achieved more effectively through other code enforcement methods. m , Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 19 of 22 F. Nuisance Abatement, Chapter 13.36 of the Deschutes County Code (hereafter "Code") authorizes the abatement of County Code violations that are defined as "public nuisances." Policy, County Code violations constituting public nuisances may be abated -pursuant to Chapter 13.36 of the Code and within available resources. Procedure. When County staff discovers or receives a verified complaint of a code violation that may constitute a "public nuisance," staff shall provide the information to Code Enforcement staff who shall enter the information into the Code Enforcement file. Code Enforcement staff or other assigned CDD staff may consult County Legal Counsel to initiate nuisance abatement proceedings pursuant to Chapter 13.36 of the Code. G. Dangerous Building Abatement. Chapter 15.04 of the Code authorizes the abatement of buildings containing violations rendering them "dangerous buildings" as defined in the Code. Policy. County Code violations that may render a structure a "dangerous building" shall be abated pursuant to Chapter 15.04 of the Code and within available resources. Procedure. When Code Enforcement staff or other CDD staff discovers or receives a verified complaint of code violations in a structure that may render the structure a "dangerous building," the staff shall provide the information to Code Enforcement staff, who shall enter in the information into a Complaint Record. The Deschutes County Building Official (hereafter "building official") shall be notified and shall promptly consult with County Legal Counsel to initiate abatement nrnraarlinac i inrlar rhanter 1 5 n4 nfthe rode, H. Investigative Fees, Certain provisions of the state building code allow municipalities administering and enforcing a building inspection program to charge investigative fees for work commencing without the required permit. Policy. To maximize the incentives to comply with County Code, the County shall charge investigative fees, to the extent authorized with law, for permits sought for non -permitted construction or installation. Procedure, Whenever County staff discovers or receives a verified complaint of non -permitted construction or installation, the information shall be submitted to Code Enforcement staff, who shall enter the information into the Code Enforcement Complaint Record. To the extent allowed by law, the County shall charge investigative fees for the permit(s) necessary to comply with the County Code. L Assisting Enforcement by Other Regulatory/Licensing Agencies. In some cases, County Code violations -also may constitute violations of federal and/or state statutes or administrative rule. For example, surface mining without County land use approval may also violate state statutes and administrative rules governing mining, and performing building construction without necessary permits may also constitute violations of state statutes and administrative rules governing the conduct of licensed contractors. ¢®rcem b6 r r -026 - Code Enforcement Procedures Manual, Page 20 of 22 Policy. To maximize code enforcement and the incentives for compliance, County staff shall promptly advise the appropriate federal and/or state agency of County Code violations reported or discovered that may also violate the statutes or administrative rules of that agency. The County shall also cooperate with federal or state agencies, to the extent authorized or required by law or by intergovernmental agreement, to obtain voluntary compliance or to punish violations. The County may defer investigation and prosecution to the appropriate federal or state agency in cases in which, as determined by the CDD Director or designee, the federal or state agency enforcement procedure will result in more effective correction of the violation(s). Procedure 1. Reporting. Whenever County staff discovers or receives a verified complaint regarding a County Code violation that may also constitute a violation of federal or state statute or administrative rule, the staff shall advise the appropriate federal or state agency. 1 Cooperation. To the extent authorized or required by law or by intergovernmental agreement, County staff shall cooperate with the federal or state agency to obtain voluntary compliance or to prosecute and punish violations. That cooperation may include sharing information, conducting joint investigations, appearing as witnesses and/or providing evidence in enforcement proceedings, and coordinating the timing of investigations and/or enforcement proceedings to maximize their effectiveness. 3. Deferral to Other Agency. The County may defer some or all code enforcement to a federal or state agency, and forego County Code enforcement, where the Board, CDD Director or the Director's designee determines that the federal or state enforcement activity will be more effective than County Code enforcement. In making the determination to defer to other agencies, the following factors shall be considered: The nature of the violation and necessary corrective action; The comparative severity of the penalties available to the federal or state agency and to the County; and The comparative time frames required for enforcement by the federal or state agency and by the County. r C-'rr - aw-r£?qw-e. 4v�aCMr)-(-- 94a�' 'e- a ,vv.,l-,en7-A-7_ t4e-isl3in;c n.-of-�'E3� ea4c-conV4ai c Q 3t{ f EnfFi�C: K-J. Cm�nty Cost Recovery. The County incurs costs investigating code violations and enforcing codes. They include the cost of personnel and equipment, legal advice and representation,- service of citation, and administrative expenses. Exhibit Ato Order No. 201�-026 - Code Enforcement Proced b ceduies : 11R'olicys It is the policy of the County to maximize code enforcement and to increase the incentives for code compliance by recovering its reasonable code enforcement costs from code violators. ProcedrRre. In determining whether to cite a code violator to court or to engage in the administrative hearings process, code enforcement staff may consider which process will Ti¢ d-R�2(Oinpt codes coMpi@gge an or_result in the maximum cost recovery to the CDD. LK.-Ue ns. In many cases, the most effective way for the County to recover its code enforcement costs, as well as to collect any civil penalties assessed through administrative hearings, is to file a legal claim for those costs or penalties against the property subject to code enforcement, or against other property owned by the code violator. Policy, It is the County's policy to assure recovery of its costs, as well as the collection of civil pen- alties assessed through administrative hearings, by filing claims for those costs and penalties in the form of liens on property subject to code enforcement, or upon other property owned by code violators. hroc,edu,re. In the appropriate cases, the County staff will explore with County Legal Counsel the means by which liens may be placed against the real property of the code violator for the collection of code enforcement costs and civil penalties assessed through County administrative hearings. Milli, RES ,1LU v0N OF ,.U11"),E C MG'LAlNu ;.' Policy, It is the County's policy to attempt to reach final, satisfactory resolution of all code violation complaints. Hnwever. the County recoEnizes that not all complaints may be resolved successfully. due to factors outside the County's control. These factors can include the indigence of the code violator, the lack of County or other resources to assist the violator, statutory limitations on potential fines or other penalties for code violations, and the large number of complaints to be resolved. Therefore, the County shall focus its code enforcement resources on the code violations that meet the priorities set forth in Section V of this manual, and attempt to resolve those violations within a reasonable period. It is the County's policy not to close a case until it is resolved. A. File Closure. A code violation complaint will be resolved by file closure in the following cases: 1. When no code violation is found after investigation; 2. After there is voluntary compliance; 3. After the property owner and/or other responsible person has been found guilty of a violation and has corrected the violation(s); 4. After an injunction has been issued and the property owner or other responsible person has corrected the violation(s); S. After investigation and prosecution of the violation(s) have been completed by a federal or state agency to which the County deferred code enforcement; 6. When the property on which the violation exists is sold or transferred and a new Code Enforcement case is opened in the name of the new owner. 101,10, 1 Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 21 of 22 B. Notice of Resolution. The- County shall- notify `end written R tiG to the complainant when the complaint is resolved, describing the resolution. C. Alternate Methods of Resolution. The County may explore alternate methods to resolve Code violations including mediation. This manual may be amended when deemed necessary- by the CDD Director and the Board. Amendments may be proposed by County staff, Board members and other interested persons. { Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 22 of 22 REVI EWED LEGA BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Adopting the Community Development Department Code Enforcement Policy and Procedures Manua 1 ORDER NO. 2014-026 WHEREAS, Deschutes County Community Development Department ("COD") Code Enforcement staff initated revisions to the COD Code Enforcement Policy and Procedures Manual to update the manual that was developed in 1995, adopted 1996, and amended in 1997; and WHEREAS, the Board of County Commissioners ('Board") held a public hearing on August 27, 2014 and directed COD staff to make further revisions to the manual; and WHEREAS, the Board finds that the updates to the COD Code Enforcement Policies and Procedures Manual to be in the best interest of the public because the updated policies and procedures will provide for a more efficient and clear code enforcement program; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. The Community Development Department Code Enforcement Policies and Procedures Man ual, attached as Exhibit "A" and incorporated by reference herein, is adopted. Section 2. A I I prior Community Development Department Code Enforcement Policies and Procedures Manua Is are no longer in effect. Dated this JO II m of October, 2014 ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Claair ANTHONY DEBON E, Vice Chair a&, U-;-11� ALAN UNGER, Commissioner PAGE I OF I-ORDERNO.2014-026 Chapter 22.20. REVIEW OF LAND USE ACTION APPLICATIONS 22,20.005. Effect of Determinations Made Outside of Established Processes. 22.20.010. Action on Land Ilse Action Applications. 22.20.015. Code Enforcement and Land Use 22.20.020. Administrative Land Use Decisions With Prior Notice. 22.20.030. Administrative Decision Without Prior Notice. 22.20.040. Final Action in Land Use Actions. 22.20.050. Temporary Approval. 22.20.052. Supplementation of Application Within First 30 Days of Submittal. 22.20.055. Modification of Application. 22.20.060. Repealed. 22.20.070. Availability of Administrative Decisions. 22.20.005. Effect of Determinations Made Ontside of Established Processes. Any informal interpretation or detcrinination, or any statement describing the uses to which a property may be put, made outside the declaratory rLding process (DCC 22.40) or outside the process for approval or denial of a land use permit (DCC 22.20 - 2228) shall be deemed to be a supposition only. Such informal interpretations. determinations. or statements shall not be deemed to constitute final County action c0ecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. (Ord. 95-045 §5A, 1995) 22.20.010. Action on Land Use Action Applications. A. Except for comprehensive plan amendments and zone changes and other instances where a hearing is ,.l b ate law or by r,al—, . ,�rli.,.,.�..:, , Ihn r71n irv.r r7irnrl nr•'11— rrnnirin nr�nn o tour/ ncr� ri:giiiri.0 vv state u,n� vi vy vun., v,uuuu,�r.. rirovio,v,,. un., , gun„ ,,....a...., ,,,a,y .,........� ..i...,, ,,, ....,.... a..,,. action application adininistratively cither with prior notice, as prescribed under DCC 22.20.020 or without prior notice, as prescribed under DCC 2220.030 or Inc may refer the application to the Hearings Body for hearing. The Planning Director shall take such action within 30 days of the date the application is accepted or deemed accepted as complete. This time limit may be waived at the option of the applicant. B. The Planning Director's choice between or among administrative or• hearing procedures to apply to a particular application or determination shall not be and appealable decision. C. Zone change and plan amendment applications shall be referred to a hearing before the Hearings Body. (Ord. 96-071 § I C, 1996: Ord. 95-045 §6, 1995: Ord. 91-013 § 2, 1991: Ord. 90-007 § 1, 1990) 22.20.015 Code Enforcement and Land Use A. Except as described in (D) below, If any property is in violation of applicable land use regulations, and/or the conditions of approval of any previous land use decisions or building permits previously issued by the County. the County shall not: 1. Approve any application for land use development: 2. Make any other land use decision, including land divisions and/or property line adjustments: 3. Issue a building permit. B. As part of the application process, the applicant shall certify: 1. That to the best of the applicant's knowledge, the properly in question, including any prior development phases of the property, is currently in compliance with both the Deschutes County Code and any prior land use approvals for the development of the property; or 2. That the application is for the purpose of bringing the property into compliance with the Deschutes County land Ilse regulations and/or prior land use approvals. Chapter 22.20 1 (10/20) C. A violation means the property has been determined to not be in compliance either through a prior decision by the County or other tribunal, or through the review process of the current application, or through an acknowledgement by the alleged violator in a signed voluntary compliance agreement rvCA"). D. A permit or other approval, including building permit applications, may be authorized if: 1. It results in the property coming into full compliance with all applicable provisions of the federal, state. or local laws, and Deschutes County Code, including sequencing of permits or other approvals as part of a voluntary compliance agreement; 2. It is necessary to protect the public health or safety; 3. It is for work related to and \vithin a valid easement over, on, or under the affected property: or 4. It is for emergency repairs to make a structure habitable or a road or bridge to bear traffic. E. Public Health and Safety. I . For the purposes of this section, public health and safety means the actions authorized by the permit would cause abatement of conditions found to exist on the property that endanger life, health, personal property, or safety of the residents of the property or the public. 2. Examples of that situation include, but are not limited to issuance of permits to replace faulty electrical wiring. repair or install furnace equipment; roof repairs, replace or repair compromised utility infi-astructure for water, sewer, fuel or power. and actions necessary to stop earth slope failure. (Ord. 2020-007 §20, 2020; Ord. 2015-019, § I , 2015) 22.20.020. Administrative Land Use Decisions With Prior Notice. A. Notice of the application shall be sent within 10 days of submittal of the application to persons entitled to notice snider DCC 22.24.030. Such notice shall include all the infot-tnation specified under DCC 22.24.040(A) except for the information specified in DCC 22.24.040(A)(7) and (10). B. Any person may comment in writing on the application within 10 days from the date notice was mailed or a longer period as specified in the notice. C. The Planning Director's decision to approve, deny or send to a hearing shall be made within 30 days after an application is accepted as complete. This time limit may be waived by the written consent of the applicant. D. Notice of the Planning Director's decision and the appeal period shall be sent to all persons entitled to notice under DCC 22.24.030. to all persons who commented and to all members of the Planning Commission. The notice shall contain the applicable information required under DCC 22.24.040. E. The applicant, all persons entitled to notice under DCC 22.24.030 and all other persons commenting as provided in DCC 22.20.020 constitute parties to the administrative decision. Any party can appeal the decision in accordance with DCC 22.32. (Ord, 96-071 § I C. 1996: Ord. 95-045 §71 1995; Ord- 91-013 §3, 1991, Ord. 90-007 § I , 1990) 22.20.030. Administrative Decision Without Prior Notice. The procedures for administrative decisions without prior notice shall be the same as those set forth in DCC 22.20.020- except that no prior notice shall be given. (Ord. 96-071 § I C. 1996; Ord. 90-007 § 1, 1990) 22.20.040. Final Action in Land Use Actions. A. Except as otherwise provided, the County shall take final action, including consideration of appeals to the Board, in land use actions within 150 days after the application is deemed complete. B. The periods set forth in DCC 22.20.040 during which a final decision on an application must be made may be extended for a specified period of time at the written request of the applicant. C. The total of all extensions may not exceed 215 days. Chapter 22.20 2 (1 G/20) D. Applications for the following determinations or approvals are exempt from the 150-day time limit established by DCC 22.20.040: 1. Quasi-judicial comprehensive plan amendments; 2. Revocation proceedings; 3. Lot of record determinations, 4. Initiation of approval determinations, and 5. Consideration of remanded applications, the time limit for which is as set forth in DCC 22.34.030. (Ord. 2008-027 § 2, 2008: Ord. 99-031 §3. 1999: Ord. 96-071 § I C_ 1996: Ord. 95-045 §8, 1995: Ord. 90-007 §1, 1990) 22.20.050. Temporary Approval. A. The purpose of temporary land use approval is to allow an applicant in certain hardship or emergency situations to proceed without notice to those ordinarily entitled to notice Nvith a land use action proposed in all application made to the Planning Division before the Division completes its review of the proposed use. In all cases, an applicant receiving temporary approval must obtain final approval on the submitted application pursuant to the procedures specified in DCC ,title 22. B. Subject to DCC 22.20.050(E), the Board of County Commissioners or the Planting Director may authorize a temporary land use approval. provided: I . An application for the land use approval has been accepted as complete. 2. A fee for review of the temporary approval has been paid. 3. The applicant has demonstrated good and sufficient cause for such a temporary approval. 4. It appears that the application will be given final approval in substantially the font submitted by the applicant. 5. The applicant accepts each and every risk of loss and damage that may result if the application is denied, and further ag ees in writing: to hold County. its officers_. agents and employees harmless front such loss and damage. 6. Applicant agrees in writiny to restore the site to its original condition if the application for the land use approval is denied. C. For the purposes of DCC 22.20.050, "good cause" shall include only hardship or emergency situations arising due to factors that, through the exercise of ordinary diligence, the applicant could not have foreseen. "Good cause" does not include an applicant's request for a temporary permit for reasons of convenience only. D. A temporary use approval shall not be granted for variances, zone changges or plan amendments. E. The scope of the temporary approval shall be limited to allow the applicant to proceed only with that portion of the proposed use justifying the applicant's claim of hardship or emergency. F. A temporary use approval shall expire as follows: 1. Six months from the date of approval, if no decision has been reached on the underlying application. 2. On the date the appeal period runs on the decision on the underlying application. 3. On the date that all appeals of the decision on the underlying application are decided and final. G. A decision to approve a temporary use application is not appealable. (Ord. 96-071 § I C, 1996: Ord. 95-045 §9, 1995; Ord. 91-013 §4-6, 1991, Ord. 90-007 § 1, 1990 ) 22.20.052. Supplementation of Application Within First 30 Days of Submittal. An applicant shall not submit any evidence to supplement its application during the 30 days following submittal of its application. except to submit the affidavit of posting required by DCC 22.08.010 or to respond to a request for additional information made under DCC 22.08.030. Any evidence submitted by an applicant in violation of DCC 22 20.052 will not be considered in determining whether the application is complete and will be returned to the applicant. (Ord. 96-071 § l C, 1996) Chapter 22,20 3 (10/20) 22.20.055. Modification of Application. A. An applicant may modify an application at any time during the approval process up until the close of the record. sul?jcct to the provisions of DCC 22.20,052 and DCC 22,20,055. B. The Planning Director or Hearings Body shall not consider any evidence submitted by or on behalf of all applicant that would constitute modification of an application (as that term is defined in DCC 22.04) unless the applicant submits an application for a modification, pays all required modification fees and agrees in waiting to restart the 150-day time clock as of the date the modification is submitted. The 150- day time clock for an application, as modified_ may be restarted as many times as there are modifications. C. The Planning Director or Hearings Body may require that the application be re -noticed and additional hearings be held. D. Up until the day a hearing is opened for receipt of oral testimony. the Planning Director shall have sole authority to determine wviiether an applicant's submittal constitutes a modification. After such time, the Hearings Body shall make such determinations. The Planning Director or Hearings Body's determination on whether a submittal constitutes a modification shall be appealable only to LUBA and shall be appealable only after a final decision is entered by the County on an application. (Ord. 99-031 §4. 1999, Ord. 96-071 y I C, 1996) 22.20,060. (Repealed by Ord. 96-071. 1996) 22.20.070. Availability of Administrative Decisions. All administrative decisions for the preceding month shall be made available for public review at a location to be designated by the Planning Director. In addition. the Planning Director shall maintain for public inspection a registry of administrative decisions for the previous 12-month period. (Ord. 90-007 § L 1990) Chapter 22.20 4 (10120)