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2021-303-Minutes for Meeting June 30,2021 Recorded 7/13/2021E S CQG BOARDF COMMISSIONERS 1300 NW Wall Street, Fiend, Oregon (541) 388--6570 9:00 AM Recorded in Deschutes County Nancy Blankenship, County Clerk CJ2021-303 Commissioners' Journal 07/13/2021 2:09:21 PM 2021ii3mnmmuuumiui FOR RECORDING STAMP ONLY Wednesday, June 30„ 2021 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present: were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom Anderson, County AdrTlinistrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. (via Zoom conference call). This meeting was audio and video recorded and can he 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 acknowledged the amount of Citizen Input received through voice messages and email regarding support for a county fireworks ban as well as an email from Angela Ives regarding Oregon election results. Commissioner DeBone called for citizen input from those in attendance at today's meeting: • Kay Whitson Bondurant, Bend resident, supports the ban of fireworks in BOCC MH--TINE JJUNF .30, 2.021 PAGE 1 OF 9 Deschutes County. • Kathleen Hilton supports the ban of fireworks in Deschutes County due to the fear of wildfire. • Greg Bryant, resident of Deschutes River Woods, supports the ban of fireworks and requests a proclamation that fireworks are banned and requested more Sheriff's Office involvement. • Kathy Cotney supports the ban of fireworks in Deschutes County. • Garret Welch commented on fire risk and fire danger at Tumalo Creek. • PeterAune provided testimony on the determination to return the diversion dam to its original use and the fire danger at Skyliner's Road. • Chris Morrison provided testimony on the fire hazard that exist in the Skyliner's neighborhood. OTHER ITEMS: Commissioner Adair presented the proposed Board Order which she expressed support of on Monday, June 28, 2021. The proposed Order declares a local emergency due to heat and high fire danger. Commissioner Adair asks that the Board consider immediate adoption as this is extremely critical for our community. ADAIR: Move adoption of Order No. 2021-033 CHANG: Second The Commissioners read the Order into the record. Discussion: Commissioner DeBone acknowledged the City of Bend declaration of emergency through July 9. Commissioner Adair is supportive of having the effective date continue through the end of July. Commissioner Chang would prefer the date to be short (July 9) or more expansive, possibly through the Fall to mirror the fire season. Commissioner DeBone commented on the fire danger and the need to work together as a community. Commissioner Adair supported the idea of making the Order effective through the summer. Commissioner DeBone is not supportive of extending the Order through the summer but suggested a larger, more comprehensive discussion through the Planning Commission and others. Commissioner Chang commented it is hard for him to tell people they cannot do things that he enjoys to do but it is appropriate at this moment due to the extreme conditions. Commissioner Chang supports an effective date to match the City of BOC:C MFFTING J U N F-- 30, 2021 PAGF 2 OF 9 Bend. Commissioner Adair is aware of the dangers of fire and stresses the importance of the community being prepared and feels it is important to bring this topic back for discussions, noting that the County Commissioners need to step up. Commissioner Chang noted the County has the opportunity to increase efforts on defensible space requirements and wildfire resilient building codes. Commissioner Chang still feels the real problem is illegal fireworks that leave the ground and ignite a canopy fire. Commissioner Adair thanked everyone working on keeping our community safe and noted the importance of understanding that approximately 70% of fires are human caused. Commissioner DeBone noted the commercial fireworks shows are not banned. County Administrator Anderson noted a press release has been drafted including the method for reporting illegal fireworks use. The Order will be in effect through July 9, 2021. VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. ADAIR: Move approval of Consent Agenda CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Document No. 2021-568, Assessment and Taxation Software Annual Personal Services Contract with Helion Software Inc. 2. Consideration of Board Signature of Document No. 2021-253, Dr. Marc Williams, Licensed Medical Provider 3. Consideration of Chair Signature of Document No. 2021-497, Oregon Health Authority Agreement 4. Consideration of Order No. 2021-027, Creating a "No Parking' Zone on Lunar QOCC MFII INCH JUNF 30, 2021 PAGI 3 OF 9 Drive and Azusa Road 5. Consideration of Board Signature of Resolution No. 2021-050, Increasing Appropriations Within the 2020-2021 Deschutes County Budget 6. Consideration of Board Signature of Resolution No. 2020-052, Increasing Appropriations Within the 2020-2021 Deschutes County Budget 7. Consideration of Board Signature of Order No. 2021-032, Authorizing the Deschutes County Property Manager to Execute the Documents Associated with the Sale of County -Owned Property Located at 16617 Dillon Way and 16613 Dillon Way, La Pine, Oregon 97739 8. Consideration of Board Signature to Thank Richard Wagner of the Lazy River Special Road District 9. Consideration of Board Signature to Thank Candace Little of the Lazy River Special Road District 10.Consideration of Board Signature to Thank David Engeman of the Cascade View Estates Special Road District 11.Consideration of Board Signature to Appoint Sandra Mayernik to the Cascade View Estates Special Road District 12.Approval of Minutes of the June 21, 2021 BOCC Meeting 13.Approval of Minutes of the June 23, 2021 BOCC Meeting ACTION ITEMS: 14.Consideration of Board Signature of Order No. 2021-031, Further Extending the Declared State of Emergency Commissioner DeBone presented the Order and due to the state of COVID 19 asked the Board to consider the extension. County Counsel Doyle reported the Governor extended the Oregon state of emergency through the end of the year for the purpose of ensuring access of federal funding, including FEMA. Commissioner DeBone does feel comfortable that fiscal reimbursement will not cause any problems. Commissioner Chang commented on the symbolic measures of the emergency orders but doesn't feel continuing the Order has major negative impacts. Commissioner Adair does not see the need to extend the Order. BOCC MUTING JUNE 30, 2021 PAGE 4 OF 9 15.Consideration of Board Signature of Document No. 2021-264, Amendment No. 2 to Cooperative Improvement Agreement with the Oregon Department of Transportation or the US20: Tumalo - Cooley Road Project County Engineer Cody Smith and Robert Townsend, ODOT Area Manager, presented the status of the project via Zoom conference call. This project will include construction of roundabouts at US20 intersections with Cook Avenue/OB Riley Road and Old Bend Redmond Highway, paving of US20 between Tumalo and Cooley Road, and construction of a multi -use path between Old Bend Redmond Highway and Cooley Road. CHANG: Move approval of Document No. 2021-264 ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried 16.Project Update on US 97 Redmond to Bend Project by the Oregon Department of Transportation; Consideration of Board Signature of Document No. 2021-588, a Warranty Deed, and Document No. 2021-589, Terms of State's Offer Property Manager Kristie Bollinger and Senior Transportation Planner Peter Russell were present. ODOT representative Rob Hardie, ODOT Transportation Manager Wade Luckman and ODOT Area Manager Robert Townsend were present via Zoom conference call to summarize the project. ADAIR: CHANG: VOTE: Move approval of Document No. 2021-588 and approval of Document No. 2021-589 Second ADAI R: CHANG: DEBONE: Yes Yes Chair votes yes. Motion Carried E30CC MEETING JUNE 30, 2021 PAGE. 5 OF 9 17.Consideration of Second Reading: Ordinance No. 2021-008, to correct a Scrivener's Error in Ordinance No. 2020-002 Senior Transportation Planner Peter Russell presented the Ordinance for the second reading. The first reading was held on June 16, 2021. ADAIR: Move approval of second reading of Ordinance No. 2021-008, by title only CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Commissioner DeBone read the Ordinance No. 2021-008 by title only. CHANG: Move adoption of Ordinance No. 2021-008 ADAI R: Second VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried 18.PUBLIC HEARING: Code Compliance Policy and Procedure Manual Update and Text Amendments. Code Enforcement Specialist Dan Smith presented the public hearing procedures. Hearing no conflicts and no challenges presented, Commissioner DeBone opened the public hearing. Mr. Smith presented the testimony procedures and staff report. John Griley, Code Enforcement Compliance Specialist presented the update to the Code Compliance policy and procedural manual and proposed text amendments. BOC.0 MILTING JUNF 30, 2021 PAGE 6 01" 9 Commissioner Adair commented on the amount of complaints and the positive addition of staff to the department. Commissioner DeBone proposed a language change to state managed resource relative to staffing. Commissioner DeBone called for public testimony and hearing none closed the public hearing. Commissioner Chang commented on marijuana code complaints and whether they should be anonymous. This is not included in the manual but is rather a policy choice for the Board. Mr. Griley noted the safety concerns on reporting. Discussion held on the wording in the policy and procedure manual relative to staffing levels. Community Development Department Director Nick Lelack and County Administrator Anderson provided suggested language changes. ADAIR: Move approval of Order No. 2021-029, Adopting the Community Development Department Code Compliance Program Policy and Procedure Manual CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried CHANG: Move approval of first reading, by title only of Ordinance No. 2021-010 ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried Commissioner DeBone read the Ordinance into the record by title only. Community Development Director Nick Lelack praised the team working on the process. OTHER ITEMS: Commissioner Adair reported on the COVA meeting yesterday. BOCC MFF ING JUNF 30, 2021 PAGE 7 OF 9 • Commissioner Chang reported on a meeting yesterday regarding mental health prevention services in the Redmond school district. EXECUTIVE SESSION: At the time of 11:05 a.m., the Board went into Executive Session under ORS 192.660 (2) (a) Consideration of Employment. The Board came out of Execution Session at 11:25 a.m. RECESS: At the time of 11:25 a.m. the Board went into recess and reconvened at 1:00 P.M. EXECUTIVE SESSION: At the time of 1:00 P.M., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 1:33 p.m. At the time of 1:34 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. At the time of 1:45 p.m. the Board came out of Executive Session. At the time of 1:45 p.m., the Board went into Executive Session under ORS 192.660 (2) (a) Consideration of Employment. The Board came out of Execution Session at 2:01 p.m. for the following motion: ADAIR: Move approval of Document No. 2021-610, Employment Agreement with Nick Lelack CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried BOCC MUTING JUNE :30, 2021 PAGF 8 OF 9 MEMO= Being no further items to come before the Board, the meeting was adjourned at 2:03 p.m. -7 r the Deschutes County Board of this 1 DAI Fl )ay o 2021 fo Commissioners, ATTEST: RECORDING SECRETARY ANTHONY DEBONE, CHAIR 00 PHIL CHANG, VICE CHAIR PATTI ADAI COMMISSIONER BOCC MFEJING I U N E 30, 2021 PA(,-)'F 9 OF 9 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, JUNE 30, 2021 Live Streamed Video - 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/meetingss. 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, June 30, 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 citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 8:00am on the day of the meeting.] CONSENT AGENDA 1. Consideration of Board Signature of Document No. 2021-568, Assessment and Taxation Software Annual Personal Services Contract with Helion Software Inc. 2. Consideration of Board Signature of Document No. 2021-253, Dr. Marc Williams, Licensed Medical Provider 3. Consideration of Chair Signature of Document No. 2021-497, Oregon Health Authority Agreement 4. Consideration of Order No. 2021-027, Creating a "No Parking" Zone on Lunar Drive and Azusa Road 5. Consideration of Board Signature of Resolution No. 2021-050 Increasing Appropriations Within the 2020-21 Deschutes County Budget 6. Consideration of Board Signature of Resolution No. 2021- 052, Increasing Appropriations Within the 2020-21 Deschutes County Budget 7. Consideration of Board Signature of Order No. 2021-032, Authorizing the Deschutes County Property Manager to Execute the Documents Associated with the Sale of County -Owned Property Located at 16617 Dillon Way and 16613 Dillon Way, La Pine, Oregon 97739. 8. Consideration of Board Signature to Thank Richard Wagner of the Lazy River Special Road District Board of Commissioners BOCC Meeting Agenda Wednesday, June 30, 2021 Page 2 of 4 9. Consideration of Board Signature to Thank Candace Little of the Lazy River Special Road District 10.Consideration of Board Signature to Thank David Engeman of the Cascade View Estates Special Road District 11.Consideration of Board Signature to Appoint Sandra Mayernik to the Cascade View Estates Special Road District 12.Approval of Minutes of the June 21 2021 BOCC Meeting 13.Approval of Minutes of the June 23 2021 BOCC Meeting ACTION ITEMS 14. 9:10 AM Consideration of Board Signature of Order No. 2021-031, Further Extending the Declared State of Emergency - David Doyle, Legal Counsel 15. 9:20 AM Consideration of Board Signature of Document No. 2021-264, Amendment No. 2 to Cooperative Improvement Agreement with the Oregon Department of Transportation for the US20: Tumalo - Cooley Road Project - Cody Smith, County Engineer 16. 9:35 AM Project Update on US97 Redmond to Bend Project by the Oregon Department of Transportation; Consideration of Board Signature of Document 2021-588 a Warranty Deed, and Document 2021-589 Terms of State's Offer. - Kristie Bollinger, Property Manager 17. 10:20 AM 2nd reading of Ordinance 2021-008 to correct a scrivener's error in Ordinance 2020-002 - Peter Russell, Senior Planner 18. 10:25 AM PUBLIC HEARING: Code Compliance Policy and Procedure Manual Update and Text Amendments -John Griley, Code Enforcement Specialist LUNCH RECESS OTHER ITEMS 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. Board of Commissioners BOCC Meeting Agenda Wednesday, June 30, 2021 Page 3 of 4 EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations ADJOURN Board of Commissioners BOCC Meeting Agenda Wednesday, June 30, 2021 Page 4 of 4 - FOREST FIRE — Bead officials are 20 worried 2,000-acre forest fire will cause permanent damage to city wa- ter supply. About 200 firefighters �. TUAL® were called in Tuesday. Blase was I, DESCHUTES about 11 miles west of Bend and Cut a three -Emile swath through forest. NATIONAL FOREST FIRE FOREST BEND n, Staff photos Turn ®o FALLS by ERIC RISBERG PICNIC GROUNDS OREGON duum I i fT ues wesi OT beilU arlU UUi a three-mile swath through forest. NATIONAL FOREST FIRE FOREST BEND Staff photos , ® by ERIC RISRERG COLORED SKY — Smoke frgm Deschutes fora Tuesday night. Smoke streaked skies over much est fire colored evening sky an eerie orange of Eastern Oregon. Samantha Pepper From: Kay Stein <kdstein468@gmai1.com> Sent: Wednesday,June 30, 2021 8:03 AM To: citizeninput Subject: Fireworks i1X":['I;RNA1.,1::MAJI.a� PLEASE do the right thing and ban fireworks in Deschutes County. It's a disaster waiting to happen. Also prohibit campfires in conditions like we are experiencing currently. Kay Stein 1 Samantha Pepper From: Jim Moran <jim@jimmoranbroker.com> Sent: Wednesday, June 30, 2021 8:22 AM To: - citizeninput Subject: Fireworks ban [EX,I E RNAI.., EMAIL] Sign me up per Patty Adair for banning fireworks sale and use. Not just for this year but for the future. I find it irresponsible to rely on the "common sense" of users to be careful. Please keep this proven dangerous product as far away from our private and government property as possible. There are many other means of fundraising for non profits and churches. Thank you, Jim Moran ` JIM MORAN SRES Senior Real Estate Specialist COLDWELL BANKER BAIN r THE POWER GROUP Licensed Broker in Oregon 541948 0997 Direct jimmoran@cbbain.com 'im iimmoranbroker.com 1 Samantha Pepper From: Gary Camp <gcamp@mtbachelor.com> Sent: Wednesday,June 30, 2021 8:24 AM To: citizeninput Subject: Personal use Fireworks BAN rl?X':I't;RNA1., IMA1i.,l My Family and IHlive in the SE Bend area in we affectionately call the Juniper Jungle. With the current heat and low moisture content of the forest fuel load. Please consider banning personal use fireworks in the county for this summer. Thank You Gary L Camp 61160 Lone Pine Trail Bend, Oregon 97702 1 Samantha Pepper From: Rebecca O'Rourke <orourkerebecca@gmail.com> Sent: Wednesday, June 30, 2021 8:28 AM To: citizeninput Subject: No fireworks [ X`1 I: RNAI, I ;MAILl It's crazy to even consider fireworks here. iSave our community 1 Samantha Pepper From: Susan Mautz <thatlldosm@centurylink.net> Sent: Wednesday, June 30, 2021 8:28 AM To: citizeninput Subject: banning fireworks at the county Level (EXTERNALEMAIL] I understand from a post on Next Door that there is a vote this morning to ban fireworks and campfires in Deschutes County, similar to the recent ban of the same within the city of Bend. I am strongly in favor of such a ban ---even a temporary emergency one —in Deschutes County. We live in Deschutes River Woods —each summer we pack our fire boxes and do what we can to be ready to evacuate our beautiful home and wonderful neighborhood ---a sobering experience every time. Please help us —vote for a ban on fireworks and campfires. Thank you for your attention to this matter. Susan Mautz Kiowa Rd., Bend. 1 Samantha Pepper From: Terri Drinkward <trinkward@gmail.com> Sent: Wednesday, June 30, 2021 8:35 AM To: citizeninput Subject: Fireworks ban in County [EXTERNAL EMAIL] I am writing to request that the Deschutes County Commissioners vote to put a temporary ban on fireworks to protect homes outside of the City limits of Bend and Redmond. As you know, both cities have imposed a temporary ban in this high heat/low humidity/drought situation. I live on Whispering Pines Butte. My husband just had knee surgery and is barely mobile and needs my constant assistance or I would attend this morning's meeting. Please put all political ideology aside and do what is common sense to protect people and homes in the more rural areas of the county. The condoning of the use of fireworks under the current conditions cannot be more dangerous.' Please put safety of people, property and animals first. Thank youth Terri arinkward 65535 93rd Street, Bend 97703 805-234-6255 Sent from my iRad 1 Samantha Pepper From: Russ Taylor <russ@russt.me> Sent: Wednesday, June 30, 2021 8:42 AM To: citizeninput Subject: Ban Fireworks [F. X'17I RNAI, EIMAIL] Please, please, please put a county -wide ban in place on fireworks. There's too much at stake! After such a dry spring and so many exceptionally warm days, we're ripe for fires to break out. Not banning fireworks would be a disaster. Russ Taylor Deschutes River Woods 1 Samantha Pepper From: Steve Clark <clarkbiomed@gmail.com> Sent: Wednesday, June 30, 2021 8:51 AM To: citizeninput Subject: Fireworks in DRW [EXTERNAL EMAIL] Please set the standard of NO FIREWORKS IN DRW. it is just too dangerous out here to be allowed. Sent from my iPad Samantha Pepper From: jennifer eichhorn <jleichhorn@gmail.com> Sent: Wednesday, June 30, 2021 8.52 AM To: citizeninput Subject: Fireworks ban (_l;X":M'IRNAI, l:?NiAlla� I strongly support a county ban on all fireworks for July 4 and beyond. The risk of fire from fireworks outweighs any fleeting joy from the sights of fireworks.` Please impose a ban. Jennifer Eichhorn, Bend resident i Samantha Pepper From: Grant Wheatley <imfoicbw@centurylink.net> Sent: Wednesday, June 30, 2021 9:10 AM To: citizeninput Subject: Deschutes County Commissioner Vote [EXTERNAL EMAIL] To whom it may concern, My wife just told me that she read the county commissioners were going to vote today on banning all fireworks in Deschutes county following the lead of the Bend city council banning all fireworks in the Bend city limits, except for the large city funded professional/controlled displays. I am all for voting to outlaw fireworks in our county. We live in such a high fire hazard area anyway with lightning fires, careless campfires, homeless encampment fires, cigarette out the window fires, arson fires, etc., why do we need to tempt fate in burning down our towns with fires started by fireworks. If people would be responsible then having LEGAL fireworks could be just fine. But many people aren't very responsible as attested to by all the human caused fires that happen every year as mentioned above. There are lots of ways to enjoy and celebrate Independence Day and summer in general without fireworks and without causing major property destruction and potential loss of life that the careless use of these fireworks can cause. I hope you vote YES to ban fireworks in Deschutes county and help keep our towns safe. Sincerely, A concerned DRW resident 1 Samantha Pepper From: Samantha Pepper Sent: Wednesday, June 30, 2021 11:04 AM Subject: RE: ShoreTel voice message from STRAIGHT JEAN, +15413253376 for mailbox 1734 Voicemail message via the Citizen Input line from jean Straight. She would like the county follow suit with the City of Bend and ban fireworks in the county. Samantha Pepper ( Administrative Assistant DESCHUTES COUNTY BOARD OF COMMISSIONERS 1300 NW Wall Street, Ste. 206 I Bend, Oregon 97703 P.O. Box 6005 1 Bend, Oregon 97708-6005 Tel: (541) 388-6571 ( Fax: (541) 385-3202 Enhancing the lives of citizens by delivering quality services in a cost-effective manner. ----Original Message-----' From: Do Not Reply <DoNotReply@deschutes.org> Sent: Wednesday, June 30, 2021 9:49 AM To: citizeninput <citizeninput@deschutes.org> Subject: ShoreTel voice message from STRAIGHTJEAN, +15413253376 for mailbox 1734 You have received a voice mail message from STRAIGHT JEAN, +15413253376 for mailbox 1734. Message length is 00:01:10. Message size is 553 KB. 1 Samantha Pepper From: Natalie_Herse <natalieh@bendbroadband.com> Sent: Tuesday, June 29, 2021 4:59 PM To: citizeninput Subject: Ban fireworks and campfires [EXTERNAL EMAIL] Thank you for banning fireworks and campfires within Bend city limits. I live in the heavily treed Deschutes River Woods subdivision and feel they should also be banned countywide. Thank you, Natalie Herse Bend, OR Sent from my iPhone 1 Samantha Pepper From: Chris <leboeufc23@gmail.com> Sent: Tuesday, June 29, 2021 4:42 PM To: citizeninput Subject: No fireworks [EXTERNAL EMAIL] I support NO fireworks in Deschutes Co. way too dry and the threat of fires is real. Than you. Sent from my Whone 1 Samantha Pepper From: Laura Berg <Ijzander@gmail.com> Sent Tuesday, June 29, 2021 4:40 PM To: citizeninput Subject: Fireworks ban [EXI I R.NAI.., BMAILI To whom it may concern: Please consider following the lead of the city of Bend in temporarily suspending the use of fireworks during this extreme heat wave and drought. Please also consider a ban on campfires. Thank you, Laura Berg Bend, Oregon 1 Samantha Pepper From: Melanie Paule <mpaule@bendoregon.gov> Sent: Tuesday, June 29,`2021 4:33 PM To: citizeninput Subject: Fireworks Ban [E X`;l ERNA1..,1;MA l l aj Good Day, I have been apprised of a vote tomorrow to consider banning fireworks in Deschutes County, We are currently in a drought unlike any other seen in over forty years and anything that can be done to mitigate fires should be not only explored but implemented. Please consider this very carefully and I hope prudence prevails in this vote. Thank you for your time, Melanie Paule I Program Manager, Building Safety Division O. 541-383-4886 1 Community Development Department yt CITY OP BEND a T ��..��` -V 0.., Starting May 24t", City Hall and the Permit Center are open to the public for limited services. General inquiries can be addressed inside the Permit Center. We request that all Building, Planning, Development Services and Licensing Permit Center inquires for project or property relatedquestions still be conducted remotely via phone or by email. Land -use notice signs will continue to be provided in the box outside of the Wall Street entrance to City Hall. If you would like to make a payment please call 541.388.5580 or email us at permitcenter@bendoregon.gov. For general Building Division inquiries please email us at building cx.bendoregon.gov. For readily available information please visit us at www.bendoregon.gov/permitcenter, for all items related permitting, inspections, code enforcement,' and licensing as well as other vital City Services. Within the'webpage you will find FAQS, software updates, and training materials — including videos. The latest information regarding our operations will be shown on the htt s://www.bendore on. ov/ overnment/de artments/communit-devel0 ment. PUBLIC RECORDS LAW DISCLOSURE: Emails are generally public records and therefore subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. Emails can be sent inadvertently to unintended recipients and contain confidential or privileged information. If you are not the intended recipient (or authorized to receive for the recipient), please advise by return email and delete immediately without reading or forwarding to others. Thank you. I Samantha Pepper From: Sheila Traum <sheilatraum@yahoo.com> Sent: Tuesday, June 29, 2021 4:34 PM To: citizeninput Subject: Fireworks/ campfires (EXTERNAL EMAIL] Please ban all fireworks in Deschutes county! We don't need to put our firefighters in harms way, or burn our forests for the sake of entertainment on the 4 th of july. Please! Let's be sensible! Its not about people's rights. It's about preserving and protecting people ( who protect us) and our very dry environment. Secondly, why are the homeless allowed campfires in dry hot conditions? Why is it they can sleep, defacate and start fires with no consequences or responsibilities? And they get meal delivery service now as well. So frustrating! Please don't get me wrong. Happy to help the needy, and I do. But let's consider some of these consequences ... the campfires should be omitted, Thank you, Sheila Traum Sent from my iPhone i Samantha Pepper From: Ed Murrer <edmurrer@yahoo.com> Sent: Tuesday, June 29, 2021 4:27 PM To: citizeninput Subject: No Fireworks or camp fires [EXTERNAL EMAIL] Please ban ALL fireworks and campfires for the foreseeable future. This is a no-brainer! We cannot afford the loss of property and lives if the ban does not go through. Act now or regret later. Ed Murrer SW Bend Sent from my iPhone 1 Samantha Pepper From: Jeremy_Paule <jpaule@bargreen.com> Sent: Tuesday, June 29, 2021 4:26 PM To: citizeninput Subject: Ban fireworks in all of Deschutes County [EX"1 I R.NA1.., I aMAIL Good Afternoon, It was brought to my attention that there will be a vote to consider whether Fireworks should be banned in the County. I feel this is not only prudent but necessary to ensure the safety of Deschutes Counties residents. I am a resident of Deschutes River Woods and it is only a matter of time before we have a major fire in the area. While I do my best to create a fire free zone around my home others are certainly not as diligent and some are outright complacent. Firework shows are available for those that enjoy them (we are one of them) and are a much safer venue being conducted in a controlled environment. Please consider this a vote in favor of banning fireworks from both myself and my wife. Thank you, Jeremy Paule I Bargreen Ellingson ( Contract Sales 63046 Layton Ave.,I Bend, OR 97701 T: 541.419-7482 ipaule(a�bargreen.com ------------ $ 3 www.bargreen.com 1 Samantha Pepper From: Nancy Wathen <nancywathen@gmail.com> Sent:Tuesday, June 29, 2021 4:22 PM To: citizeninput Subject: Redmond fire [EXTERNAL EMAIL] Dear Patti Adair, I have just learned that the fire that is burning right now by the Redmond Airport was started at a homeless camp. Whether this is correct information or not I am pleading with you and council to BAN all outdoor camp fires and fireworks while we are having these extreme temperatures and drought. It is too dangerous to have either. Thank you, Nancy Wathen Sent from my iPhone 1 Samantha Pepper From: Bob Jennings <bjennings1959@gmaiI.com> Sent:Tuesday, June 29, 2021 4:10 PM To: citizeninput Subject: PLEASE ban fireworks and open fires in Deschutes county [EXTERNAL EMAIL] Hi my name is Robert H Jennings. My wife Anne and I live in Deschutes River Woods and are deeply concerned about fire dangers over the 4th and throughout this excessive heat and drought. We fully support our county` commissioner in banning fireworks and open fires. Thank youll Bob and Anne Jennings Sent from my !Phone Samantha Pepper From: linda murrer <lindamurrer@gmail.com> Sent: Tuesday, June 29, 2021 4:19 PM To: citizeninput Subject: fire danger [EXTERNAL EMAIL] I am a resident of Deschutes County and any very concerned about the fire danger here right now. Given our intense heat and fire threat, I respectfully request that all fireworks and camp fires be banned within the county limits. We need to work together to save our communities. Thank you, Linda Murrer 1 Samantha Pepper From: Dana Hardy <dana_hardy@hotmail.com> Sent: Tuesday, June 29, 2021 4:08 PM To: citizeninput Subject: Fireworks Ban [EX'ITANAI.., EMAIL] Hello, understand there is a vote tomorrow on banning fireworks in Deschutes County. Given the serious drought condition in Central Oregon as well as the record setting heat we are experiencing I very much support the ban. also support a ban of campfires. We need to avoid the devastating impact of wildfires like the ones we experienced last year, Regards, Dana Hardy 1 I 1 Samantha Pepper From: Sandra <brbowman@sbcglobal.net> Sent: Wednesday, June 30, 2021 7:13 AM To: citizeninput Subject: July 4th [EXTERNAL EMAIL] In support of banning fire works in Deschutes county. My son last him home in the Paradise fire and doing what we can to minimize the chance if this happening here is a no brainer. Sandra Bowman Deschutes County resident Sent from my iPhone 1 Samantha Pepper From: Barb Abt@bendbroadband.com <abt@bend broadband.com> Sent: Wednesday, June 30, 2021 7:31 AM To: citizeninput Subject: firework concern [F X"I'f;RN AAI, EMAIL] Good mornining, We live in Deschutes River Woods and are very concerned with people setting off fireworks here in these excessive heat and drought conditions. Especially now that fireworks have been banned in city limits, I fear that people will bring their parties and their fireworks out here and into other neighborhoods outside of the city and cause and even greater threat to our homes and lives and livelihoods. Please ban fireworks in all of the county due to these unprecedented conditions! Thank you, Barbara and Russell Abt 1 Samantha Pepper From: Sasha Pieretti <sashapieretti@gmail.com> Sent: Wednesday, June 30, 2021 12:20 AM To: citizeninput Subject: Fireworks [EXTERNAL EMAIL] Thank you for banning fireworks until July 9, excellent decision. The losses and the toll it takes to fight wildfires caused by fireworks is easily prevented, and my hope is that the ban be in place until Bend is no longer in a drought. Common sense, right? And it's my hope you will make the ban for all of deschutes county. All campfires and outdoor fires should be included in this loan. The cost of a wildlife is huge, and we, taxpayers and citizens pay the price. Thank you for your service. Sent from my Phone 1 Samantha Pepper From: KM Natalizia <kathy.natalizia@gmail.com> Sent: Wednesday, June 30, 2021 6:07 AM To: citizeninput Subject: Ban Fireworks [ X.1"ERNA1_ EMAILI We live in the forest - guidelines, rules\ and laws need to be updated due to climate change and our current dangerous weather conditions. The community need protection from those who lack basic common sense. Promote community firework displays while banning the sale and ownership of any and all fireworks. 1 Samantha Pepper From: miguel edwards <miguelphotography@gmail.com> Sent: Tuesday, June 29, 2021 9:59 PM To: citizeninput Subject: Fireworks (EXI'1 RNAl_, EIMAILI To Whom it May Concern I heard that there is a vote tomorrow to decide if fireworks are banned this year. I am not sure how much of the chaos you witnessed in todays heat but it was SCARY. I live in deschutes river woods and I was very concerned about the nearby fires, and the safety of my family and home. There is no way that it possibly makes sense to have fireworks this year so please make sure that is the path we are on. Thanks so much Miguel Edwards BCTF commissioner -Miguel Edwards- -Miguel Edwards Studios LLC- -Sculpture www.mi guel edwards.com -Photography- hi!p://inigueledwardsphotogrqphy.com/ -Senior Advisor- http://cocaseattle.org 1 Samantha Pepper From: sandycavallaro5@gmail.com Sent:Tuesday, June 29, 2021 10:10 PM To: citizeninput Subject: BANNING FIREWORKS OUTSIDE OF CITY OF BEND [EXTERNAL EMAIL] Deschutes Country Commissioner Attn: Patti Adair, Being,a native of Bend Oregon, and living on the south end of Bend in an area with very dry vegetation, and Ponderosa's. I know how dry the High Desert get's during normal summer weather. One small spark on dry vegetation will engulf acres in minutes. We are having record breaking temperatures, and drought conditions. A deadly combination for people, homes, and animals surrounding Bend city limits. Wildfires can be highly destructive in nature and spread quickly engulfing massive areas within a short period of time. People are already struggling financially because of BARS-CoV-2. We need to be PROACTIVE ON BANNING FIREWORKS on something that may cause more destruction of life. Time is ticking, the 4th is here. Here is just a few things but serious damaging effects of a wildfire. If the destroyed areas were part of a popular tourist destination, then the tourist industry active in the affected area also faces a downfall. Although these economic sectors are directly affected by the fire, other businesses and communities also experience the adverse effect of wildfires. Private properties are also lost in such fires. Direct costs associated with firefighting is also high and is usually borne by the government. Post fire restoration activities also consume a large sum of money.; Wildfires lead to the failure of the entire ecosystem. Large areas are cleared off vegetation. Many animals, birds, reptiles, and insects burn to death. Others die due to starvation or stress. Thus, a heavy loss of biodiversity is one of the worst consequences of a wildfire. The smoke and ash generated from wildfires pollute the atmosphere and cause health issues in people breathing in the polluted gas. Breathing problems, respiratory infections, headaches, dizziness, eye irritation, etc., are some of the common health issues experienced by people living in areas near the fire. Smoke and ash released during fires can pollute the atmosphere with toxic gasses and particles. As an after-effect of a wildfire, the loss of plants can also lead to the erosion of the soil and the contamination of water bodies (our beautiful Deschutes River) by the eroded soil and dead plant and animal matter. I love my country and will celebrate watching Bend's wonderful 4th of July fireworks display. We need to be responsible keeping our beautiful forest safe. Regards, Sandy 1 Samantha Pepper From: pklyle@bendcable.com Sent: Tuesday, June 29, 2021 10:24 PM To: citizeninput Subject: Please ban fireworks in Deschutes county! Dear Patti, We hope you will vote to ban fireworks for the 4th of July in Deschutes County and get the word out not to have bonfires either! Thank you for listening, Boyd and Pamela Lyle 1 Samantha Pepper From: Alan Keyes <aek785@gmail.com> Sent: Tuesday, June 29, 2021 10:26 PM To: citizeninput Subject: Critical - Ban ALL fireworks in Deschutes County (1?X":I'1;R.NA].., EMAIL] Please, please ban all fireworks in Deschutes County for this year! With the extremely high temperatures and tinder dry conditions we are experiencing, the risk of a devastating and out -of -control fire is very real. We live in Deschutes River Woods and all it would take is one careless spark to potentially destroy hundreds of homes and many lives in this forested residential area. In these conditions, allowing fireworks of any kind, or any other form of outdoor burning, invites an extreme fire risk that cannot be justified or tolerated. A few minutes of personal enjoyment with fireworks cannot be allowed to outweigh the very real potential loss of life and property this July 4th. Cordially, Alan & Laurie Keyes 18682 River Woods Drive Bend, OR 97702 1 Samantha Pepper From: Katherine Blodgett <kbsingstheblues@gmail.com> Sent: ` Tuesday, June 29, 2021 11:10 PM To: citizeninput Subject: Fireworks ban for Deschutes County [1;X`11 RNA1..,1-MAIL Dear Board of County Commissioners, Thank you so much for instituting the ban on fireworks for inside city limits. It has been a long time coming. We have had far too many neighbors shoot off both legal and ILLEGAL fireworks with zero regard for public safety. I urge you to ban fireworks for rural areas too. We live in the South East edge of town, DRW being the next stop, and we cringe every July 4th week, hoping the Mortars we hear won't start a fire close to our property. In the last 10 years we have watched Central Oregon become dryer and dryer, and the more out of state folks moving in that don't watch the news, or hear about why they shouldn't be using illegal fireworks, the more likely for our tinderbox to explode. Please consider a county wide ban on fireworks and campfires. The fire in Redmond today should be a wake up call that it can happen in town, since the fire in the park in Bend didn't seem to make people think twice. Thank you for your time and consideration. Katherine Blodgett, Central Oregon resident since 1993 1 Samantha Pepper From: Diane Weishaupt <ciaodw@yahoo.com> Sent: Tuesday, June 29, 2021 9:54 PM To: citizeninput Subject: Fireworks and campfires Please know that as a concerned resident of Deschutes County, I fully support a ban on fireworks and campfires of any kind in the city and county at this time of record drought and heat. Sent from Yahoo Mail on Android 1 Samantha Pepper From: Lori Furlong <Iori.furlong01 @gmail.com> Sent: Tuesday, June 29, 2021 8:15 PM To: citizeninput Subject: Ban fireworks and campfires! [EXTERNAL EMAIL] The conditions are severe! Lori Furlong Sent from my Phone 1 Samantha Pepper From: Kristin Wolter <kristin.k.wolter@gmail.com> Sent: Tuesday, June 29, 2021 8:19 PM To: citizeninput Subject: Please ban fireworks county wide [EXTERNAL EMAIL] Thank you for supporting a county wide ban on fireworks. Kristin Wolter Deschutes River Woods Sent from my iPhone 1 Samantha Pepper From: Nina Foster <nina.foster4@icloud.com> Sent: Tuesday, June 29, 2021 8:22 PM To: citizeninput Subject: Banning fireworks and campfires [EXTERNAL EMAIL] My husband and i are all for banning fireworks and campfiresM Thank you Nina Foster Sent from my Phone 1 Samantha Pepper From: Helen Webre <hwebre@bendcable.com> Sent: Tuesday, June 29, 2021 8:37 PM To: citizeninput Subject: Banning fireworks countywide TO: County Commissioners Tony DeBone Patti Adair Phil Chang My husband and I and several neighbors here in Woodside Ranch would certainly appreciate it if our three county commissioners could support the city of Bend's ban on fireworks with a county ban at your meeting on Wednesday, June 30. A ban in the city limits may inspire fireworks fans to ignite their devices outside the city ` limits to avoid a fine, and living just outside the city limits right next to China Hat Road is already enough to heighten our anxiety, thank you. We have nothing against the professional display of fireworks on Pilot Butte, and are patriotic Americans, but this year.... REALLY? C'mon, commissioners! Do us all a favor and rule in our favor to protect life, wildlife, and property in Central Oregon during a highly hazardous heat wave. PLEASE help us! Respectfully thanking you for your attention, Helen Webre "Rod Webre 60281 Woodside Loop Bend, OR 97702, Phone 541-480-9367 1 Samantha Pepper From: Nancy Jumper <njumperathome@gmail.com> Sent: Tuesday, June 29, 2021 8:55 PM To: citizeninput Subject: Please ban fireworks... I am requesting that Deschutes County join the Cities of Bend and Redmond in banning fireworks in this unprecedented drought with extreme high temperatures and wind. While some may say this is limiting their right to celebrate, my perspective is that the risk of extreme fire danger outweighs the short term celebration experience. Impacts from wild fires are long term in many ways, as we see from last year's damage. Let's have some common sense and practice prevention when it really counts. Thank you for your consideration of this important matter. Sincerely, Nancy Jumper 1 Samantha Pepper From: Stella Larson < Stella mlarson@bendbroadband.com> Sent: Tuesday, June 29, 2021 9:01 PM To: citizeninput Subject: County Fireworks Ban [EXTERNAL EMAIL] Dear Commissioners, I respectfully request you vote to ban fireworks in the County. We are under extreme heat warnings and conditions, low humidity, plenty of fuels, plus the heat, ;prime us for a catastrophic wildfire. Our home and property are across from the China Hat folks and we already are seeing unsettling campfires. Please declare and enforce the ban. our first responders, residents, and forest need your support, Thank you for reading my letter. Most sincerely, Stella Larson 60241 Tall Pine Avenue Bend, OR 97702 (805) 570-9902 1 Samantha Pepper From: PJ and Karol <pjandkarol@gmail.com> Sent: Tuesday, June 29, 2021 9:14 PM To: citizeninput Subject: Fireworks ban Please ban all private fireworks in Deschutes County. This should be a given this year. I am also in favor of a permanent ban. This should include a significant fine for violations. Thanks PJ McGuire 1 Samantha Pepper From: Me <debv126@yahoo.com> Sent: Tuesday, June 29, 2021 9:22 PM To: citizeninput Subject: Fireworks [EXTERNAL EMAIL] We support ban on fireworks and campfires in Deschutes County. We hope this will get passed Wed morning. Debra Rosen Raymond Grossaint 20904 SE Sotra Loop Bend Sent from my Phone 1 Samantha Pepper From: D R <fragrantsound@gmail.com> Sent: Tuesday, June 29, 2021 9:24 PM To: citizeninput Subject: Fireworks [EXTERNAL EMAIL] Hi, I'm writing about the fireworks ban. I don't think responsible people should be punished for the irresponsibility of some. As long as people are responsible, they shouldn't be fined for fireworks or a campfire. Thank you, Debbie Sent from my Whone 1 Samantha Pepper From: wolfdogo (null) <wolfdogo@aol.com> Sent: Tuesday, June 29, 2021 9:14 PM To: citizeninput Subject: Please stop and ban ALL fireworks, campfires in the county [EXTERNAL EMAIL] Sent from my iPad 1 Samantha Pepper From: Charlotte Reed <markandcharlotte1@msn.com> Sent: Tuesday, June 29, 2021 9:44 PM To: citizeninput Subject: Fireworks [EXTERNAL EMAIL] We understand there is a vote tomorrow about banning fireworks in Deschutes County. We fully support this ban and hope the County will implement it ASAP: We saw the devastation from last years fires and are fearful for our community. Respectfully, Mark & Charlotte Reed 61105 Deer Valley Drive Bend 97702 Sent from my Phone 1 Samantha Pepper From: Deren Ash <derenash2o@gmail.com> on behalf of Deren <deren@ash2o.com> Sent: Tuesday, June 29, 2021 9:49 PM To: citizeninput Subject: Fireworks [EX'I I RNAI_, l_,MAIL] Hello Commissioners, I am writing to urge you to ban personal use fireworks in the county. It's a shame that the fire danger is so bad, but if fireworks are not banned then it's not a matter of if they will cause a fire, it's a matter of how many homes those fires will destroy. Please let us get through this fire season with our homes intact. I realize that some of our residents feel that banning fireworks is unpatriotic. While I understand that sentiment, I think we can still be patriotic and celebrate the 4th by watching a public fireworks display, because they are put on by experienced professionals with strict fire safety measures in place. Even if 99.9% of personal fireworks users are responsible and understand fire safety, accidents still happen, and it only takes one of the remaining .1% to devastate a neighborhood and ruin lives. There are fires caused by fireworks every year, but what might have been a small, easily contained fire in past years could easily go out of control this year. I wish we weren't in this situation with such high fire danger, and banning things is never fun, and I also have compassion for those whose income depends on selling fireworks, for those who have already spent their hard- earned money on purchasing personal fireworks, and for nonprofits who fundraise by selling fireworks. However, I also have compassion for those who will lose their homes and livelihoods, and possibly even their lives, if fireworks are not banned. Thank you, Deren Ash 1 Samantha Pepper From: peggy.kneece@gmail.com Sent: Tuesday, June 29, 2021 5:56 PM To: citizeninput Subject: Fireworks [EXTERNAL EMAIL] Please please ban all fireworks!! Sent from my Whone Samantha Pepper From: Susan Melcher <scmelcher@me.com> Sent: Tuesday, June 29, 2021 5:58 PM To: citizeninput Subject: Lease ban fireworks and campfires [EXTERNAL EMAIL] I own a property in Deschutes River Woods. Please ban fireworks and all campfires. Our homes and our lives are at great risk. Thank you, Susan Melcher Co-owner 60645 Riverbend Dr. Sent from my iPhone i Samantha Pepper From: Thomas Adler <adlerta@msn.com> Sent: Tuesday, June 29, 2021 5:59 PM To: citizeninput Subject: Fireworks ban should include all of Deschutes County [EX"F RNAI, I::NIAII.aJ saw on the news that the city of Bend has banned fireworks in the city until the temperatureis cooler. However the county has not extended the ban to the rest of the county. It seems to me that the risks for fire is as bad or worse outside the city as within the city. Therefore I request that the county also ban the use of fireworks until the weather is cooler. Thank you for your time. Thomas A Adler Mountain View neighborhood resident Sent from Mail for Windows 10 1 Samantha Pepper From: Beth Lockhart <bethlockhart@mac.com> Sent: Tuesday, June 29, 2021 6:04 PM To: citizeninput Subject: Ban Fireworks and campfires in the County! Please! [EXTERNAL EMAIL] My immediate neighbors are growing fantastic fields of illegal noxious weeds, that are now dying and becoming perfect fuel for fires. Please ban all fireworks in the county! 21476 Neff Rd. 1 Samantha Pepper From: CAMILLE AND TIM <connellygh@msn.com> Sent: Tuesday, June 29, 2021 6:14 PM To: citizeninput Subject: Ban fireworks in Deschutes County [EXTERNAL EMAIL] Dear Deschutes County commissioners, As a very concerned citizen, I ask that you please place a ban on all fireworks and campfires in our county. Thank you, Camille Connelly 19748 Dry Canyon Ave Bend, OR 97702 Sent from my Whone 1 Samantha Pepper From: TJ Connelly <tjconnelly78@gmail.com> Sent: Tuesday, June 29, 2021 6:14 PM To: citizeninput Subject: Fireworks [EXTERNAL EMAIL] I support a ban on all fireworks in the entire county. Thank you, 'Timothy J Connelly 19748 dry Canyon Ave Bend, OR 97702 Sent from my Whone 1 Samantha Pepper From: Ron Brooks <rb4x4@sbcg1oba1.net> Sent: Tuesday, June 29, 2021 6:16 PM To: citizeninput Subject: Fireworks in the County [EXI" RNAI, EMAIL] I have heard that there will be a meeting on Wednesday regarding fireworks in the county. I am contacting you to say that under the current weather conditions there should be NO FIREWORKS ALLOWED. livein Sundance and there was a fire here many years ago and several houses burnt to the ground. The current weather condition have made everything out here very dry and highly flammable. So for what its worth I say NO FIREWORKS.... Cheers, Ron i Samantha Pepper From: BJ & JR MCCOWN <bjandjr@bendcable.com> Sent: Tuesday, June 29, 2021 6:59 PM To: citizeninput Subject: bans, please [I,X";('I RNA1, }:?MAiia] Ms. ``Adair - We've just learned that you would appreciate input regarding a County -side on fireworks similar to that imposed by the' City of Bend. Yes indeed, we do support such a ban. With temperatures as they are and single -digit humidity we just do not need whatever pleasures one can derive from setting off fireworks. Let's have a county -wide ban on fireworks throughout this dry spell. And, yes, let's go one step further and ban all campfires within the boundaries of Deschutes County. Regards, jack Jack McCown 61367 KING JEHU WAY Bend, OR 97702 bjandjr@bendcable.com Samantha Pepper From: Sayaka Komori <vertimaid @gmail.com> Sent: Tuesday, June 29, 2021 7:50 PM To: citizeninput Subject: Ban on fireworks (I;X':['IRNAI., la,NiAII.a:� I've been informed that you'll be voting tomorrow morning to possibly extend the fireworks ban to countywide. Please ban all fireworks county wide. Sayaka Komori 1 Samantha Pepper From: Nancy Roquero <nroquero@gmail.com> Sent: Tuesday, June 29, 2021 5:01 PM To: citizeninput Subject: Fireworks/Campfires [EXTERNAL EMAIL] Please ban legal and illegal fireworks and homeless campfires throughout Deschutes County. Also, During extreme temperatures like now, I feel campgrounds should not be allowed campfires. Kind regards, Nancy Sent from my iPhone 1 Samantha Pepper From: Marilyn Adler <adlerm@msn.com> Sent: Tuesday, June 29, 2021 5:34 PM To: citizeninput Subject: Subject: Please BAN Fireworks for whole county [I.Al"ERNAL ENA.ILI ; Our whole COUNTY is dry and fire danger is extremely high, so please extend the ban on setting off fireworks for the whole COUNTY. Thank you. Marilyn Adler Bend home owner i Samantha Pepper From: Karen Brooks <puglady51 @sbcglobal.net> Sent: Tuesday, June 29, 2021 5:41 PM To: citizeninput Subject: fireworks and campfires [I?X'I`E NA] .a .MAIL] We live in Sun Dance not far from China Hat on the edge of the�BLM and support the fireworks and campfire ban out here in the county..... Love the sponsored Independence Day Events with a big show of fireworks done safely but families out here in the forest should not be shooting them off...!! Thank you Patti Adair for making our safety important. Karen Brooks Sent from Mail for Windows 10 1 Samantha Pepper From: Howard Berg <hgberg@gmail.com> Sent: Tuesday, June 29, 2021 5:48 PM To: citizeninput Subject: Fireworks [I X'I'FRNAI., EMAILI Please extend the fireworks ban to the entire county. Also a year round ban should be law due to our high risk of fireworks. Howard Berg i Samantha Pepper From: Zerby Zerby <zerbmail@gmail.com> Sent: Tuesday, June 29, 2021 5:51 PM To: citizeninput Subject: Fireworks Ban Deschutes County [EX"FER.NA1., I MAILI Hi Commissioners, I support a firework ban due to extreme heat and fire hazard. Gena Zerbin Billadeau Road Bend 541-280-4153 Cell i Samantha Pepper From: Bridget Murdock <murdmom@yahoo.com> Sent: Tuesday, June 29, 2021 5:51 PM To: citizeninput Subject: Please ban fireworks and campires in Deschutes County [EXTERNAL EMAIL] Commissioner Adair, I am contacting you to ask you to please help us to ban fireworks and campfires in Deschutes County. As a family living in the Sundance neighborhood of Bend, we are very aware of the devastation that can happen when we have a fire nearby. This year in particular, when we are experiencing unprecedented heat and drought, it is particularly important for this ban. Thank you for your help. Bridget Murdock Sent from my iPhone Samantha Pepper From: Judy Davidson <jdavidson1048@rne.com> Sent: Tuesday, June 29, 2021 5:52 PM To: citizeninput Subject: Fireworks [EXTERNAL EMAIL] Please no fireworks except professional displays. Judith Davidson Sent from my Whone 1 Samantha Pepper From: svthomas@bendbroadband.com Sent: Tuesday, June 29, 2021 5:54 PM ' To: citizeninput Subject: Extended Fireworks Ban [EXTERNAL EMAIL], 1 definitely think the ban should be extended to the entire county. This is an alarming fire danger time for our area. We need to be very cautious. Vicky Thomas Sent from my iPhone 1 Samantha Pepper From: catherine.thow@gmail.com Sent: Tuesday, June 29, 2021 5:55 PM To: citizeninput Subject: Extending firework ban [EXTERNAL EMAIL] Please please do not have fireworks on pilot butte or anywhere for remainder of this summer. This should be for anywhere the firedanger is high The danger of fires and Loss of life and homes and land is much greater than the need for fireworks. We can watch them on tv this year Sent from ,my iPhone 1 �vS ES C0& 2 Q 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 June 30, 2021 DATE: June 23, 2021 FROM: David Doyle, Legal, 541-388-6625 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order No. 2021-031, Further Extending the Declared State of Emergency REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Further Extending the Declared State of Emergency ORDER NO.2021-031 WHEREAS, ORS 401.305 provides authority for Deschutes County to act as an emergency management agency, including authority to establish policies and protocols for defining and directing responsibilities during time of emergency; and WHEREAS, ORS 401.309, DCC 2.04, and the Deschutes County Emergency Operations Plan (EOP) authorize the county governing body to impose emergency orders upon declaration of an emergency within the county or within a designated portion of the county and to establish procedures to prepare for and carry out activities which are necessary to prevent, minimize, respond to, or recover from an emergency; and WHEREAS, COVID-19 was declared a pandemic by the World Health Organization on March 11, 2020; and WHEREAS, on March 8, 2020, Governor Kate Brown declared a state of emergency due to the COVID-19 outbreak in Oregon (Executive Order No. 20-03), finding that COVID-19 has created a threat to public health and safety, and constitutes a statewide emergency under ORS 401.025(1). Governor Brown also issued guidance regarding group gatherings and social distancing to minimize potential opportunities for the COVID-19 to spread (Executive Order No. 20-05); and WHEREAS, on March 13, 2020, the Board of County Commissioners declared a local state of emergency in Deschutes County by Order 2020-013; and WHEREAS, on May 13, 2020, the Board of County Commissioners extended the declared local state of emergency in Deschutes County by Order 2020-025, through June 13, 2020, by Order No. 2020-033, through July 10, 2020, by Order No. 2020-038 through August 7, 2020; by Order No. 2020-047 through September 4, 2020, and by Order No. 2020-050 through October 5, 2020; and by Order No. 2020-057 through November 4, 2020; and by Order No. 2020-063 through December 3, 2020; and by Order No. 2020-066 through February 1, 2021; and by Order No. 2021-004 through April 2, 2021, and by Order No. 2021-009 through April 30, 2021; and by Order No. 2021-013 through May 29, 2021; and by Order No. 2021-017 through June 26, 2021, and later by Order No. 2021-028 through June 30, 2021; and WHEREAS, the state of emergency declared by Governor Kate Brown has been extended (as of June 30, 2021, for the primary purpose of ensuring access to federal funding, including funding from FEMA) through December 31, 2021; and now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, hereby ORDERS as follows: PAGE 1 of 2 - ORDER NO.2021-031 Section 1. Pursuant to ORS 401.309, DCC 2.04 and the Deschutes County EOP, the Board of Commissioners for Deschutes County formally extends the declared state of emergency for Deschutes County, effective as of March 13, 2020 and continuing for days from the date of this Order, unless extended or terminated earlier by the Board of Commissioners. Section 2. Upon this extended declaration of a state of emergency the Board of Commissioners shall remain authorized to take and/or direct such actions and issue such orders as are determined to be necessary to protect the public and property and to efficiently conduct activities that minimize or mitigate the effect of the emergency as authorized by ORS, DCC and the Deschutes County EOP. Section 3. The County Administrator, Local Public Health Administrator and Emergency Manager shall continue to take all necessary steps authorized by law to coordinate response and recovery from this emergency including, but not limited to, coordinating with the State of Oregon and the federal government in order to qualify Deschutes County for all available state and federal emergency assistance, not limited to use of shared resources, assistance from state and federal agencies, and financial assistance and reimbursements. Section 4. Emergency procurements of goods and services remain authorized pursuant to ORS 27913.080, ORS 279C.335(6), ORS 279.380(4), and Deschutes County contracting rules. Section 5. With regard to county employees, the Board of Commissioners may continue to authorize modification(s) to relevant personnel leave, payroll processes, and workplace requirements/designations as deemed necessary by the Board of Commissioners to address impacts associated with COVID-19. Section 6. The scope of this declaration is in support of the COVID-19 public health response being overseen and directed by the State of Oregon; the residents of Deschutes County are encouraged to follow standard hygiene protocols and stay at home when ill, but otherwise, as permitted by law and where reasonable and safe, go on with daily life. Section 7. This Order is effective upon signing. Dated this of June, 2021 ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DeBONE, Chair PHIL CHANG, Vice Chair PATTI ADAIR, Commissioner PAGE 2 OF 2 — ORDER NO.2021-031 01 ES CpG2 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 June 30, 2021 DATE: June 18, 2021 FROM: John Griley, Community Development, TITLE OF AGENDA ITEM: PUBLIC HEARING: Code Compliance Policy and Procedure Manual Update and Text Amendments F IMMUSIM, 0I1111►1ril TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director Angela Havniear, Coordinated Services Manager Code Enforcement Team DATE: June 30, 2021 RE: Code Compliance Policy and Procedures Manual Update and Text Amendments Public Hearing Summary The purpose of this public hearing is to consider proposed updates to Deschutes County Community Development Department (CDD) Code Compliance Program. Proposed updates are to both the Code Compliance Policy and Procedures Manual (Manual) and to County Code provisions pertaining to code enforcement. This project is included on the Community Development Department 2020-21 Work Plan. Background CDD began update discussions with the Board of County Commissioners (Board) in January, 2021. Four Board work sessions have been conducted on this item Qanuary 27, 2021, February 10, 2021, May 5, 2021, and June 5, 2021). This project began with a comprehensive program review, including major program elements and minor updates since the most recent review in 20141. The primary focus in this update has been on the Manual which establishes both policy and procedures for program operation. An additional focus has been on staff recommended amendments to the County's Nuisance Code with respect to solid 'Key topics covered in the review have included: 1. Whether the Board recommends changes to existing major program elements (e.g., complaint policy, compliance policy, and policy on citation and penalty).; 2. Whether the Board affirms or proposes changes to amendments enacted since 2014, such as: a. Amending the complaint policy to specifically allow anonymous marijuana complaints; and, b. A Board approved amendment to (Deschutes County Code 22.20.015) to restrict land use and development permits on properties with code violations 11 7 NW Lafayette Avenue, Bend, Oregon 97703 ( P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd waste Code violations and development of a prescriptive abatement code'. In the February, 2021 work session, the Board decided to make no changes to existing major program elements, while deciding to adopt minor program updates proposed by staff. The Board further supported CDD proposed changes to the program and position titles emphasizing Code Compliance. In the May 2021 work session, staff presented a draft Manual update for Board review and comment. Staff obtained additional input during this session. In the June 5, 2021 work session, staff presented, discussed and sought board direction on draft updates to County Code pertaining to nuisance solid waste code violations, development of an abatement code, and general housekeeping updates reflective of this overall program update. Staff also presented and received feedback on the updated draft Manual in the June 5, 2021 work session, reflective of coordination to date. Code Compliance Program Overview The mission of the Code Compliance Program is to protect the health and safety of the County's residents and visitors, and the livability of the community by assuring compliance with the County's land use, environmental, construction and nuisance codes. The CDD Code Compliance Program consists of four CDD Code Compliance Specialists, an Administrative Manager, the Community Development Director, and one Code Enforcement Volunteer. CDD staff is supported by a Deschutes County Sheriff's Office (DCSO) Deputy and other DCSO personnel as necessary, County Counsel and Assistant Legal Counsel. The key program objective is voluntary compliance. Code Compliance Policy and Procedures Manual Update Please find attached the draft Manual update. The current Manual is available online at: https://www.deschutes.org/cd/webform/code-enforcement. Board Options Following this public hearing, the Board's options include the following: 1. Continue the public hearing (a date certain is not required because this is not a land use decision, but it is informative to the public). 2. Close the public hearing and keep the written record open for a specified period of time (i.e., 2 weeks). 3. Close the public hearing and written record, and: a. Deliberate toward a decision i. Adopt the Code Compliance Policy and Procedures Manual update and draft Deschutes County Code text amendments. Z When code enforcement cases are not resolved byway of voluntary compliance and administrative proceedings, it is occasionally necessary to coordinate with the courts to obtain a warrant of abatement. The warrant authorizes a jurisdiction to enter onto private property, abate the nuisance, and hold the property owner responsible for the abatement costs. A prescriptive abatement code would codify this process with inherent procedural efficiency. ii. Adopt the Code Compliance Policy and Procedures Manual update and draft Deschutes County Code text amendments as modified by the Board. iii. Deny the Code Compliance Policy and Procedures Manual update (the current Manual remains in effect) and/or staff recommended text amendments. b. Conduct deliberations at a future date. 4. Other. Attachments: 1. Draft Code Compliance Policy and Procedures Manual 2. Draft Deschutes County Code Text Amendments 3. Draft Ordinance 2021-010 4. Draft Order 2021-029 SIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Sections of Deschutes County Code 1.08, 1.16, 13.12, and 13.36. * ORDINANCE NO. 2021-0010 WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through ordinance by Deschutes County and the Deschutes County Board of Commissioners; and WHEREAS, from time -to -time the need arises to make amendments to the DCC; and WHEREAS, Deschutes County Community Development Department (CDD) Code Compliance staff has identified beneficial clarifications and procedural efficiencies that can be made to the County's Nuisance Code in the areas of Solid Waste Code violation and development of a prescriptive abatement code; and WHEREAS, CDD Code Compliance staff have identified other procedural efficiencies and minor updates that can be made to other provisions within the County Code related to code enforcement; and WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly noticed public hearing on June 30, 2021, and concluded that the public will benefit from the proposed amendments to sections 1.08, 1.16, 13.12, and 13.36 of DCC; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 1.08, is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in Section 2. AMENDMENT. DCC 1.16, is amended to read as described in Exhibit `B," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethfough. Section 3. AMENDMENT. DCC 13.12, is amended to read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethf PAGE 1 OF 2 - ORDINANCE NO. 2021-010 Section 4. AMENDMENT. DCC 13.36, is amended to read as described in Exhibit "D," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfikeihfeu as fully appearing in Exhibit D are enacted as provided in Section 5. Section 5. ADOPTION. This Ordinance takes effect 90 days after second reading. Dated this of , 2021 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DeBONE, Chair PHIL CHANG, Vice Chair ATTEST: Recording Secretary PATTI ADAIR, Commissioner Date of 1" Reading: day of , 2021. Date of 2nd Reading: day of 12021. Record of Adoption Vote Commissioner Yes No Abstained Excused Patti Adair Phil Chang Anthony DeBone Effective date: day of , 2021. PAGE 2 OF 2 - ORDINANCE NO. 2021-010 Chapter 1.08. COUNTY POWERS 1.08.025. Code Enforcement Powers; Designation. In addition to the authority and powers granted to the County by ORS Chapter 153, and any other provisions of the Deschutes County Code, and upon authorization of the supervising department head/elected official, the county job classifications listed below shall be deemed a "civil code enforcement officer" for purposes of DCC and ORS, and shall have full authority to issue and prosecute any and all citations for violations of the Deschutes County Code: A. Field Law Enforcement Technician; B. Code �'�t Compliance '''e�Specialist; C. Building Official; D. Assistant Building Official; E. Forester; F. Sanitarian/Environmental Health Specialist; G. Community Development Director; H. Planning Manager/Planning Director/Planner; L Legal Counsel; and J. Assistant Legal Counsel (Ord. 2021-010, 02021; Ord. 2020-005 2020; Ord. 2014-105 2014) Exhibit A to Ord. 2021-010 Pagel of 1 Chapter 1.16. CODE VIOLATIONS AND ENFORCEMENT 1.16.100 Abatement Procedure 1.16.110 Continuing Violations 1.16.115 Summary Abatement 1.16.120 Remedies Not Exclusive 1.16.130 Notice of Public Nuisance and Abatement Procedure 1.16.140 Abatement 1.16.145 Abatement Cost, Notice and Collection 1.16.150 Habitual Nuisance Property 1.16.155 Abatement Procedure for Habitual Nuisance Property 1.16.160 Appeal of Code Compliance Interpretation 1.16.170 Penalties 1.16.180 Separate Violations 1.16.010. Violations Deemed Class A or B Classification -Penalties. A. Violation of a county ordinance shall be punishable, upon conviction, by fine or by the specific remedies specified within the County Code, including but not limited to equitable and injunctive relief ordered by a County Hearings Officer, Justice Court, or Circuit Court. B. Each county ordinance specifying a county offense shall classify the ordinance violation as a Class A or Class B violation. C. A sentence to pay a fine for a violation of a county ordinance shall be a sentence to pay an amount not exceeding the Maximum Fines provided in ORS 153.018. D. Notwithstanding this section and DCC 1. 16.030, for violations of Chapters 13.04, 13.08, 13.36, 15.04 and 15.10 and Titles 17 18 and 19, the Presumptive and Minimum fine amount shall be the Maximum Fine amount described in DCC 1.16.010(C). E. For violations of County Code provisions not listed in DCC 1.16.010(D), the Presumptive and Minimum Fine amounts shall be as provided in ORS Chapter 153. F. A land use application for a property with an existing code violation will be accepted, but may not be processed by the County based on application of DCC 2220.015. G. Notwithstanding DCC 1. 16.010(D), the court or the hearings officer may (but is not required) impose a fine lower than the fine provided in those two sections, upon an identified finding of mitigating factors including, but not limited to, indigence of the defendant, severity of the violation, number of times the defendant has been previously cited for Deschutes County Code violations; length of time the violation has existed; and reason(s) the violation has not been cured. (Ord. 2021-010, �2, 2021; Ord. 2020-001 § 1 2020; Ord. 2015-020 § 1, 2015; Ord. 2014-003 § 1, 2014; Ord. 2013-015 §1 2013; Ord. 2008-026 §1, 2008; Ord. 2003-021 §3, 2003; Ord. 2002-016 §1, 2002; 86-076 §1, 1986) 1.16.035. Search warrants -Statutory Provisions Adopted. Chapter 1. 16 (06/2021) Exhibit B to Ord. No. 2021-010 Page 1 of 11 A. The definition of "offense" as set forth in ORS 161.505 is adopted: B. An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law or ordinance of a political subdivision of this state. An offense is a crime or a violation. C. ORS 133.535 (3), which allows for property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense to be the subject of search and seizure is adopted hereby by reference. D. Unless otherwise specified in DCC or ORS, t-The procedure established for obtaining search warrants as set forth in ORS 133.545 through 133.703 is adopted hereby by reference. (Ord. 2021-010, §2, 2021; Ord. 2003-021 2003; Ord. 96-025 §1, 1996) 1. 16.040. Other Remedies Not Precluded —injunctive Relief/Abatement. A. The procedure established by DCC 1. 16.010 through DCC 1. 16.060 shall be the exclusive procedure for imposing a fine; provided, however, such sections shall not prohibit, in any manner, alternative remedies, including but not limited to injunction, nor shall the County be prohibited from recovering any expense incurred in any injunction action including abatement. B. In addition to a fine, any citation for a violation of a county ordinance may include a request for injunctive relief and/or abatement of the violation. C. The county's representative may also request injunctive relief and/or abatement at the time of arraignment or trial. D. Upon entering judgment against a person for violating a county ordinance, the court may, in addition any other penalty imposed by law, enter orders for injunctive relief and/or abatement, requiring the person to cease and desist and to correct the violation(s). (Ord. 2021-010, §2, 2021, Ord. 2013-015 §1, 2013; Ord. 86-076 §4, 1986) ABATEMENT 1.16.100. Unenumerated nuisances A. The acts, conditions or objects specifically enumerated and defined within DCC and as applicable, are declared public nuisances and such acts, conditions or objects may be abated by any of the procedures set forth in Sections 1.16.115 and 1.16.140, et seq. B. In addition to the nuisances specifically enumerated in this DCC, every other circumstance, substance or act which is determined by the Community Development Director or the County Administrator to be injurious or detrimental to the public health, safety or welfare of the County is declared a nuisance and may be abated as provided in Sections 1.16.115 and 1.16.140 et seq. ,(Ord. 2021-010, §2, 2021) 1.16.110. Continuing Violation Each day that a nuisance continues to exist constitutes a separate violation and a separate penalty may be assessed for each day the violation continues. (Ord. 2021-010, §2, 2021) Chapter 1.16 2 (06/2021) Exhibit B to Ord. No. 2021-010 Page 2 of 11 1.16.115. Summary Abatement The procedure(s) provided by DCC Chapter 1 16 are not exclusive but are in addition to procedures provided by other sections of DCC. The Community Development Director or designee may proceed summarily to abate a health or other nuisance which umnistakably exists and which imminently endangers health or property. The cost of the summary abatement shall be paid by the property owner and shall be a lien on the property where the nuisance was abated. (Ord. 2021-010, §2, 2021) 1.16.120. Remedies Not Exclusive The abatement of a nuisance is not a penalty for violating the nuisance provisions of DCC but is an additional remedy. The imposition of a civil infraction fine or administrative penalty does not relieve a person of the duty to abate the nuisance. (Ord. 2021-010, § 2, 2021) 1.16.130. Notice of Public Nuisance and Abatement Procedure A If the Community Development Director or designee is satisfied that a public nuisance exists, the Community Development Director or designee shall cause a Notice of Abatement to be posted on the premises or at the site of the nuisance directing the person or persons in charge of the property to abate the nuisance. B. At the time of posting the Community Development Director or designee shall cause a copy of the Notice of Abatement to be forwarded by registered or certified mail, postage prepaid, to the person or persons in charge of the property and the owner of the property, if different than the person in charge of prroperty, (or registered agent) at the last known address of such person(s) as shown on the tax rolls of Deschutes County. C. If the property is unimproved the Community Development Director or designee shall cause a Notice of Abatement to be sent by registered or certified mail, postage prepaid, to the person or persons in charge of the property and the owner of the property, if different than the person in charge of property (or registered agent), at the last known address of such person(s) as shown on the tax rolls of Deschutes County. D. If the registered/certified Notice of Abatement is returned as undeliverable or is unclaimed by the property owner, nothingshall preclude the County from exercising its option to abate the nuisance as specified herein in Section 1.16.140. The Notice of Abatement to abate shall contain: 1 A description of the real property, by street address or otherwise on which the nuisance exists. 2 A direction to abate the nuisance within 10 days from the date of notice. 3. A description of the nuisance. 4 A statement that unless the nuisance is removed the County abate the nuisance and the full cost of abatement including administrative charges will be charged to the person responsible and shall become a lien on the property. 5 A statement that failure to abate a nuisance may warrant imposition of a fine or administrative penalty upon the person responsible for the nuisance. The fine or administrative penalty may be issued at any time there is a violation of this code. Chapter 1.16 3 (06/2021) Exhibit B to Ord. No. 2021-010 Page 3 of 11 6. A statement that the person responsible may protest the order to abate by giving written notice to the Community Development Director or designee within 10 days from the date of the notice, together with a written statement as to why a nuisance should not be declared. E. If the person in charge of the property is not the owner, an additional Notice of Abatement shall be sent to the owner at the time of posting of the Notice of Abatement stating that the cost of abatement not paid by the person responsible shall be assessed to and become a lien on the property. The notice to the owner shall be sent to his or her address as last shown on the Deschutes County tax rolls. F. On completion of the posting and mailing,persons posting and mailing shall execute and file with the Community Development Director or designee certificates stating the date and place of the mailing and posting. G. The County shall use all reasonable means to provide notice to the person responsible. Failure to provide actual notice to the person responsible shall not void the procedure to abate the nuisance, however. (Ord. 2021-010, §2, 2021) 1.16.140. Abatement A. Abatement by the Owner or Person in Charge of Property. 1. Within 10 days after posting, and mailing the notice, as provided in this code, the owner or person in charge of the property shall remove the nuisance, present a plan to remove the nuisance or show that no nuisance exists. 2. A person in charge of the property, disputing the declaration of nuisance shall file within ten (10) days with the Community Development Director or designee a written statement which shall specify the basis for the protest. 3. If after review of the statements, the Community Development Director or designee again detennines that a nuisance in fact exists, the person responsible shall abate the nuisance within 10 days after the Community Development Director's or designee's final detennination. 4. If the person in charge of the property disagrees with the final detennination of the Community Development Director or designee, that person may appeal that detennination to the County Administrator by filing a written statement within ten (10) days of the Community Development Director's or designee's final detennination specifying the basis for the appeal. 5. The County Administrator shall either affinn, overturn or modify the Community Development Director's or designee's decision. The decision of the County Administrator shall be the final action of the County. B. Abatement by the County — Without Warrant. If the violation for which a Notice of Abatement has been issued is not corrected within the specified timeframe (within ten (10) days of the postinga_nd/or mailing of the Notice of Abatement, or within ten (10) days of the Community Development Director's or designee's final detennination of a dispute, or within ten (10) days of the decision of the County Administrator), and is considered an immediate public health and safety hazard, the Community Development Director or designee may cause the nuisance to be abated without a warrant. C. Abatement by the County — Nuisance Abatement Warrant Authorized. The Deschutes County Justice Court shall have the authority to issue warrants authorizing any County official authorized by the Community Development Director to enforce provisions of the Deschutes County Code to make Chapter 1.16 (06/2021) Exhibit B to Ord. No. 2021-010 Page 4 of 11 searches and seizures reasonably necessary to enforce any provision of the Deschutes County Code pertaining to nuisances. l . Every warrant authorized by this section shall be supported by affidavit or sworn testimony establishing probable cause to believe that a nuisance violation has occurred, describing: a. The applicant's status in applying for the warrant; b. The ordinance or regulation requiring or authorizing the removal and abatement; c. The building or property to be entered; the basis upon which cause exists to remove or abate the violation; d. A statement of the violation to be removed or abated; and e. A statement that consent to enter onto the property to abate the violation has been sought and refused or the facts and circumstances that reasonably justify the failure to seek or inability to obtain such consent. 2. Cause shall be deemed to exist if there is reasonable belief that a code violation exists with respect to the designated property, and that the property owner and person in charge of the property have been given notice and an opportunity to abate the violation and has not responded in a timely fashion. 3 The Justice Court may, before issuing an abatement warrant, examine the applicant and an offer witness under oath and shall be satisfied of the existence of grounds for grantingspplication. If the Justice Court is satisfied that cause for the removal and abatement of the violations exists and that the other requirements for grantingthe application are satisfied, the Justice Court shall issue the abatement warrant particularly describing the person or persons authorized to execute the warrant the property to be entered, and a statement of the general types and estimated quantity of the items to be removed or conditions abated. D. In issuing an abatement warrant the Justice Court may authorize any peace officer, as defined in Oregon Revised Statutes to enter the described property to remove any person or obstacle and to assist in any way necessary to enter the property and, remove and abate the violation. E. Execution of Abatement Warrants 1 Occupied Property. In executing an abatement warrant the person authorized to execute the warrant shall before entry into the occupied premises, make a reasonable effort to present the person's credentials authority and purpose to an occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property the warrant or a copy thereof upon request. A copy of the warrant shall be left with the occupant or the person in possession. The warrant is not required to be read aloud. 2 Unoccupied Property. In executing an abatement warrant on unoccupied property,person authorized to execute the warrant need not infonn anyone of the person's authority and purpose, but may promptly enter the designated property if it is at the time unoccupied or not in the possession of any person. In such case a copy of the abatement warrant shall be conspicuouslX posted on the property. 3 Return. An abatement warrant must be executed within 14 working days of its issue and returned to the Justice Court by whom it was issued within 14 working days from its date of execution. After the expiration of the time prescribed by this subsection, the warrant, unless executed, is void. 4 If an abatement warrant to secure entry onto the property subject to the notice of violation has been obtained no property owner, occupier, or other person in charge of the property, shall Chapter 1.16 (06/2021) Exhibit B to Ord. No. 2021-010 Page 5 of 11 refuse fail or neglect after proper request to promptly pen -nit entry by authorized persons to abate the violation(s). It shall be unlawful for any property owner, occupier, or other person in charge of the property to refuse to pennit entry by authorized persons to abate the violations for which an abatement warrant has been obtained. Violation of this subsection is a Class B Violation. F. The Community Development Director or designee shall have the final authority to decide whether or not to enter onto property to abate a violation in each particular case. G. Joint Responsibility. If more than one person is a person in charge of the property, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the County in abating the nuisance. (Ord. 2021-010, �2, 2021) 1 16.145. Abatement Cost Notice and Collection A The property owner and all persons in charge of the property shall be jointly and severally liable for all costs associated with the abatement of a nuisance or violation, including administrative costs, warrant costs, and attorney fees. B The Community Development Director or designee shall keep an accurate record of the expense incurred by the County for abatements. After the violations have been determined by the County to be corrected the Community Development Director or designee shall mail to the owner and persons in charge of the property an Abatement Costs Notice which includes: 1. The total costs of abatement; 2 Notification that the costs of abatement shall become a lien against the property 3 Notification that if the owner objects to the Abatement Cost Notice: a The owner may request a quasi-judicial hearing with the Hearings Officer by deliveringto o the County a written protest and request for a hearing within thirty (30) calendar days from the date of the notification to the owner was mailed. b If a written rotest and request for a hearing was not submitted for a quasi-judicial hearing with the Hearings Officer within thirty (30) calendar days from the date the notification to the owner was mailed then a written protest and request for a hearing before the County Administrator or designee may be submitted up to six months the date the notification was mailed to the owner. The decision of the County Administrator or designee is final. C. Collection and Abatement Costs. 1 The costs listed in the Abatement Costs Notice shall be delinquent if not paid within thirty (30) days from later of the date of the notice or from the date on which the County Administrator or designee makes a final decision on a protest. 2 If the abatement costs are delinquent the amount due may accrue interest at 10% per annum. 3 The abatement costs shall be entered in the docket of county liens with the County Clerk, and shall constitute a lien upon the property that was in violation of the county code. In addition, the Abatement Costs Notice shall constitute a personal obligation of the owner and persons in charge of the property. The Count} may seek a money judgment ent against the owner and/or persons in charge of the property through the Justice Court. a The lien may be enforced in the same manner as liens for assessments for local improvement districts. Failure to pay may result in foreclosure in any manner provided by law. Chapter 1.16 6 (06/2021) Exhibit B to Ord. No. 2021-010 Page 6 of 11 b An error in the naive of the owner shall not void the lien nor shall a failure to receive the notice render the lien void, but it shall remain a valid lien against the property. 4. The Community Development Director or designee shall have the final authority to decide what form of remedy the County will pursue for collecting abatement costs. (Ord. 2021-010, 2� 2021) 1.16.150. Habitual Nuisance Property Any property within the unincorporated County which becomes habitual nuisance property as defined in this subsection or elsewhere in county code or as declared by the Deschutes County Sheriff or designee, is in violation of this chapter and subject to its remedies. Any person who pennits property under his or her ownership or control to be a habitual nuisance property shall be in violation of this chapter and subject to its remedies. No person shall allow a residential dwelling to become a habitual nuisance property. A. Definition. Habitual Nuisance Property means propertypon which three (3) or more incidents of any of the below listed behaviors occur, or whose employees, residents, owners or occupants engage in three or more incidents of any of the below listed behaviors within 50 feet of the property, during any 30 day pedod as a result of three or more separate and documented incidents. ("Incidents" shall be defined as any citation, report, arrest, and/or conviction.) 1. Harassment as defined in ORS 166.065. 2. Intimidation as defined in ORS 166.155. 3. Disorderly conduct as defined in ORS 166.025. 4. Discharge of a fireann as defined in DCC. 5. Noise disturbance as defined in DCC. 6. Minor in possession of alcohol as defined in ORS 471.430. 7 Assault as defined in ORS 163.160 or ORS 163.165 to 166.185. 8. Sexual abuse as defined in ORS 163.415 or 163.427. 9. Public indecency as defined in ORS 163.465. 10. Trespass as defined in ORS 164.245 to 165.265. 11. Criminal mischief as defined in ORS 164.345 to ORS 164.365. 12. Child Abuse and neglect as defined in ORS 163.535 to ORS 163.547 and ORS 163.665 to ORS 163.695. 13. Possession of a Controlled Substance as Defined in ORS 475.992. 14. Delivery of a controlled substance as defined in ORS 475.005. 15. Manufacture of a controlled substance as defined in ORS 475.005. 16. Frequenting a place where controlled substances are used as defined in ORS 167.222. Abatement Procedure for Habitual Nuisance Property A. When the Sheriff or designee believes in good faith that property within the unincorporated County has become habitual nuisance property, the Sheriff or designee shall notify the owner and the occupant if known in writing that the property has been determined to be habitual nuisance property. The notice shall contain the following information: 1. The street address or description sufficient for identification of the property. 2. That the Sheriff or designee has found the property to be habitual nuisance property with a concise description of the conditions leading to his/her findings. Chapter 1.16 7 (06/2021) Exhibit B to Ord. No. 2021-010 Page 7 of 11 3 A direction to notify the Sheriff or designee in writing- within 15 days from the date of mailing the notice of the actions the owner intends to take to abate the nuisance. 4 A direction to abate the nuisance or show good cause to the Sheriff or designee e why the owner cannot abate the nuisance within 60 days from the date of mailing the notice. 5 That if the nuisance is not abated and good cause for failure to abate is not shown, the Community Development Director or designee e may order abatement, with appropriate conditions. The Community Development Director or designee e may also employ any other remedy deemed by hiin/her to be appropriate to abate the nuisance including but not limited to authorizing a civil complaint in a court of competent jurisdiction which may include seeking closure of the property. 6 That the owner may be required to pay to the County a civil penalty for each day the nuisance continues after the Community Development Director or designee orders abatement. 7 That the above remedies are in addition to those otherwise provided by law. B Service of the notice is completed upon mailing the notice first class postage prepaid addressed to: 1 The owner at the address of the property believed to be a habitual nuisance property, and to such other address as shown on the tax rolls of the county in which the property is located or such other place which is believed to give the owner actual notice of the detennination by the Sheriff or designee. 2 A copy of the notice shall be served on occupants of the property, if different from the owner. Service shall be completed upon mailing the notice by registered or certified mail, postage prepaid addressed to "occupant" or each unit of the property believed to be a habitual nuisance property. 3 The failure of any person or owner to receive actual notice of the detennination by the Sheriff or designee shall not invalidate or otherwise affect the proceedings under this chapter. (Ord. 2021-010, ' 2� 2021) 1.16.155. Abatement Procedure for Habitual Nuisance Property A. Notice by Sheriff. 1 Within 15 days of the posting and mailing of the notice, the owner shall notify the Sheriff or designee in writing of the actions that owner intends to take to abate the nuisance. 2 Within 60 days of the posting and mailing of the notice, the owner shall abate the nuisance or show good cause to the Sheriff or designee why the owner cannot abate the nuisance within that time. 3 If the owner does not comply with subsection A or B of this section, the Sheriff or designee may refer the matter to the County Administrator or designee for a hearing. The Community Development Director or designee shall give notice of the hearing to the owner and occupants, if different from the owner. At the time set for hearing the owner and occupants may appear and be heard by the County Administrator or designee. The County Administrator or designee shall determine whether the property is habitual nuisance property and whether the owner has complied with subsection 1 and 2 of this section. B. Remedies by County Administrator. 1 In the event the County Administrator or designee determines that property is a habitual nuisance property and the owner has failed to comply with Section (1) above, the County Administrator or designee mgy order that the nuisance be abated. The order may include conditions under which Chapter 1.16 (06/2021) Exhibit B to Ord. No. 2021-010 Page 8 of 11 abatement is to occur. The County Administrator or designee may also employ any other remedy deemed by it to be appropriate to abate the nuisance including but not limited to authorizing a civil complaint in a court of competent jurisdiction which may include seeking closure of the property. 2 If the person in charge of the property disagrees with the final detennination of the County Administrator or designee that person may gppeal that detennination to the County Hearings Officer by filing a written statement within ten (10) calendar days of the County Administrator's or designee's final detennination specifying the basis for the appeal and paying applicable appeal fees or deposits per the Community Development Department's Fee Schedule. 3 The Hearings Officer shall either affirm overturn or modify the County Administrator's or designee's decision. The decision of the Hearings Officer shall be the final action of the County. 4 The remedies in this section are in addition to those otherwise provided bow. C. Assessment of Costs for Habitual Nuisance Property. 1 The Community Development Director or desi ng_ee=byregistered or certified mail, postage prepaid shall send to the owner and the person in charge of property a notice stating: a The total cost of abatement including the administrative overhead. b That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice. c That if the owner or person responsible objects to the cost of the abatement as indicated, a notice of objection may be filed with the Community Development Director or designee no more than 10 days from the date of the notice. 2 On the expiration of 10 days after the date of the notice the Community Development Director or designee shall hear and snake a decision on the objections to the costs assessed. 3 If the costs of the abatement are not paid within 30 days from the date of the notice, the assessment of the costs shall be entered in the docket of the county liens with the County Clerk. When the entry is made it shall constitute a lien on the property from which the nuisance was removed or abated. 4 The lien shall be enforced in the same manner as liens for improvement districts and/or street improvements are enforced and interest shall begin to run from the date of entry of the lien in the lien docket 5 The County shall use all reasonable means to provide notice of the assessment to the person responsible However, an error in the name of the owner or person responsible shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void but it shall remain a valid lien against the property. (Ord. 2021-010, �2, 2021) 1.16.160. Appeal of Code Compliance Interpretation A Any rgporting party who disagrees with a Code Compliance Specialist decision may appeal this decision to the Community Development Director or designee by making application on forms provided by the County and payin the he required fees. The appeal application shall include: 1. The name and address of the person(s) submittingthe he appeal. 2 The street address or a description sufficient for identification of the property pon which the alleged violation has occurred or is occurring. Chapter 1.16 9 (06/2021) Exhibit B to Ord. No. 2021-010 Page 9 of 11 3. A detailed description of the alleged violation and a reference to the specific laws, regulations, County Code or pennit conditions that has allegedly been misinterpreted or ap 1p ied. 4. Additional burden of proof as to why the Code Enforcement Officer's decision is incorrect demonstrating why the decision should be reversed or modified. B. Upon receiving an appeal application the County shall schedule a hearing with the Community Development Director or designee within thirty (30) days. Notification of the hearing shall be made to both the persons) appealing the decision and persons) or property owner directly impacted by the decision no less than twenty(20) dqyprior to the hearing by certified mail, return receipt requested. C. The following hearing procedures shall apply to the hearing before the Community Development Director or designee: 1. Subject to requirements of County Code, the Community Development Director may apt additional procedures to conduct of the hearing. 2. Evidence including rebuttal evidence, may be presented at the hearing and shall be limited to that which is relevant to the alleged interpretation. 3 If the appellant fails to appear at the scheduled hearing the Community Development Director or designee will enter an order finding that the Code Enforcement Officer's decision was valid and assessing the cost of the hearing against the appellant. 4. The Community Development Director or designee has the authority to administer oaths and take the testimony of witnesses. 5. The parties shall have the right to cross-examine witnesses who testify. 6. The Community Development Director or designee shall detennine whether the appellant has established by preponderance of the evidence that the Code Enforcement Officer's decisions should be reversed or modified. 7. The Community Development Director or designee shall hear the appeal de novo. The decision of the Community Development Director or designee is final. 8. The County shall mail a copy of the decision to the appellant, applicable department director, Code Enforcement Officer and all parties of record within ten -working days of the hearing. 9. If the Community Development Director or designee determines that the appellant is correct, the Count. shall hall pursue correction or abatement as provided in County Code. (Ord. 2021-010, �2, 2021) 1.16.170. Penalties A. Any person or person who shall be found to be an owner and/or a person in charge of property for a nuisance or otherwise guilty of a violation of any of the provisions of the County Code shall be subject to the penalty provisions set forth herein. B. All persons responsible shall be liable for any injuries resulting from a violation of the County Code. C. Any violations of this Section 1.16 shall be deemed a Class B Civil Infraction. (Ord. 2021-010, §2, 2021) 1.16.180. Separate Violations Chapter 1.16 10 (06/2021) Exhibit B to Ord. No. 2021-010 Page 10 of l l A For habitual nuisance property, a nuisance continues to exist if there is any further single occurrence of a behavior listed in the definitions of habitual nuisance property ppon the property or by any employee resident owner or occupant within 50 feet of the property. B. The abatement of a nuisance is not a penalty for violating this ordinance but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance; however, abatement of a nuisance within ten (10) days of the date of notice to abate, or if a written protest has been filed then abatement within ten (1 O) days of the Community Development Director's or designee's detennination that a nuisance exists will relieve the person responsible from the imposition of any or administrative penalty under these code provisions. (Ord. 2021-010, $2, 2021) Chapter 1.16 11 (06/2021) Exhibit B to Ord. No. 2021-010 Page 11 of 11 Chapter 13.12. GENERAL. PROVISIONS 13.12.041. Definition -Abandoned Vehicle 13.12.126. Definition -Inoperable Vehicle 13.12.041. Definition -Abandoned Vehicle. "Abandoned Vehicle" means any vehicle which reasonably appears to be inoperable, wrecked, discarded abandoned or totally or partially dismantled. (Ord. 2021-010 §3, 2021) 13.12.126. Definition -Inoperable Vehicle. "Inoperable Vehicle" means any vehicle that has broken or missing windows, windshield, inoperative wheels or tires lacks an engine or has an inoperable engine or lacks a transmission or has an inoperable transmission. (Ord. 2021-010, §3, 2021) 13.12.205. Definition -Solid Waste. "Solid Waste" means all useless or discarded putrescib_le and non-putrescible materials, including but not limited to garbage rubbish refuse ashes paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge useless or discarded commercial, industrial, demolition and construction materials discarded or abandoned vehicles or parts thereof, discarded home and industrial appliances manure vegetable or animal solid and semi -solid materials, dead animals and infectious waste or other discarded solid material. sludge,liquid earrap-F-1 ind-u-Stri-Al waste E)F sewage 9F sewage sludge hauled Pfft ef a septie tank waste, (Ord. 2021-010, §3, 2021; Ord. 92-071 §1, 1992; Ord. 91-004 §1, 1991; Ord. 85-037 §4.01, 1985) 13.12 1 (05-21) Exhibit C to Ord. No. 2021-010 Page 1 of 1 Chapter 13.36. NUISANCES AND ABATEMENT 13.36.010. Creation of Nuisance. Except as otherwise authorized under DCC 13.36, no person shall create or maintain a nuisance on private property. Such nuisances are declared to be public nuisances which may be abated as provided under DCC 15.04.070, DCC 1.16, or by instituting 'udi icialeGu# proceedings. (Ord. 2021-010, §4, 2021; Ord. 95-002, §1, 1995; Ord. 85-037 §12.01(1), 1985) 13.36.012. Definition -Nuisance. A. "Nuisance" includes: 1. All open holes, wells, cisterns, cesspools, or unsanitary septic tanks, foundations or non - operating refrigerators, freezers, or iceboxes with attached doors; 2. Accumulations of solid waste on private property in such a manner as to create a nuisance, hazard to health, or condition of unsightliness; Solid Waste defined under DCC 13.12.205S44 waste; as defined under DGG 13.12.205; 3. Those definitions of nuisance pursuant to DCC 1.16.100, DCC 1.16.150, DCC 12.35.160, DCC 15.04.190, and DCC 18.144.040; or 4. Land that as a result of grading operations, excavation or fill causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to adjacent properties or to the public health, safety and welfare. B. Except as to regulations allowed by ORS 475B.486, and/or ORS 47513.928, generally accepted, reasonable and prudent farming and forest practices as described in ORS 30.930 to 30.937 and DCC 9.12 do not constitute nuisances under DCC 13.36.012. (Ord. 2021-010, §4, 2021; Ord. 2020-005 §1, 2020; Ord. 95-024 §13, 1995; Ord. 95-002 §4, 1995) 13.36.020. Disposal Site -Board Approval- Nuisances. Except as provided in DCC 13.16.020 and in the definition of "disposal site" in DCC 13.12.040, no person shall use or permit to be used any land within the County as a public or private disposal site without approval of the Board. The disposal of waste or solid waste in or upon such land is declared to be a public nuisance which may be abated as provided in DCC 1.16, DCC 13.36.050, or any other applicable provision of law. (Ord. 2021-010, §4, 2021; Ord. 85-037 §12.01(2), 1985) 13.36.050. Abatement of Nuisances. A. Except as otherwise authorized under Deschutes County Code, the condition of a building or land which has been determined to constitute a nuisance is in violation of this code, and may be abated Chapter 13.36 1 (05/2021) Exhibit D to Ord. No. 2021-010 Page 1 of 2 by repair, rehabilitation, demolition or removal in accordance with the procedures provided under DCC 1.16, DCC 15.04.070 (Abatement of Dangerous Buildings). B. Nothing in DCC 1.16 or DCC 13.36 shall be deemed to limit or otherwise modify the ability of the Board and/or any person who has suffered special damage from the nuisance, to abate nuisances through alternative remedies as provided for under the law. (Ord. 2021-010, §4, 2021; Ord. 95-002 §2, 1995; Ord. 88-002 §1, 1988; Ord. 85-037 §12.02, 1985) Chapter 13.36 2 (05/2021) Exhibit D to Ord. No. 2021-010 Page 2 of 2