2021-308-Ordinance Recorded 7/16/2021REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County
Nancy Blankenship, County Clerk
Commissioners' Journal
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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. 2021-010
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
stri ke.h..,.,,,.ti
Section 2. AMENDMENT. DCC 1.16, is amended to read as described in Exhibit `13," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
strikethrough.
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
�sn•
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
strikethreugh 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
ATTEST
Recording SecYetary
PHIL CHANG, Vice Chair
PATTI ADAIR, tommissioner
Date of 1ST Reading: 3D day of--- , 2021.
Date of 2„ d Reading: day o 2021.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Patti Adair
Phil Chang
Anthony DeBone
Effective date: 1 day of d906z, 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 Enfot Compliance Te ianSpecialist;
C. Building Official;
D. Assistant Building Official;
E. Forester;
F. Sanitarian/Environmental Health Specialist;
G. Community Development Director;
H. Planning Manager/Planning Director/Planner;
I. Legal Counsel; and
J. Assistant Legal Counsel
(Ord. 2021-010, J 1, 2021; Ord. 2020-005 2020; Ord. 2014-105 2014)
Exhibit A to Ord. 2021-010 Page 1 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 inqunctive 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, tThe 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, 2 221; 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, $ 202I 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 abated as provided in Sections 1.16.115 and 1.16.140 et seq.
(Ord. 2021-010, §2, 2021)
1.16.1 10. 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
1.16.1 15. 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 unmistakably 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 osting 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 property, 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, nothing shall preclude the County from exercisingits its option to abate the nuisance as
specified herein in Section l .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 may 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 the 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 rovided in this code the owner or person
in chargeroperty shall remove the nuisance prescnt 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
determines 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 determination.
4. If the person in charge of the property disagrees with the final determination of the Community
Development Director or designee that person may ppeal that determination to the County
Administrator by filing a written statement within ten (10) days of the Community Development
Director's or designee's final determination specifying the basis for theappeal.
5 The County Administrator shall either affirm 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 postinganid/or
mailing of the Notice of Abatement or within ten (10) days of the Community Development
Director's or designee's final determination of a dispute or within ten (10) days of the decision of the
County Administrators 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.
1. 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 reputation 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 any other
witness under oath and shall be satisfied of the existence of grounds for granting such application.
If the Justice Court is satisfied that cause for the removal and abatement of the violations exists
and that the other requirements for granting the he 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, the person
authorized to execute the warrant need not inform 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 conspicuously
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 permit entry by authorized persons to
abate the violations). It shall be unlawful for any property owner, occupier, or other person in
charge of the property to refuse to permit entry y 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 protest and request for a hearing was not submitted for a quasi-judicial hearing
with the Hearings Officer within thirty (30) calendar days fi-om 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 County seek a money judgment 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 name 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 permits 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 propegy upon 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 period 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 firearm 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:
l 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 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 may order abatement, with appropriate conditions. The
Community Development Director or designee may also employ any other remedy deemed by
him/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
dace which is believed to give the owner actual notice of the determination 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 determination 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 ppear 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 may 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 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 determination of the County
Administrator or designee that person may appeal that determination to the County Hearings
Officer by a written statement within ten (10) calendar days of the County Administrator's
or designee's final determination specifying the basis for the appeal and pang 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 by law.
C. Assessment of Costs for Habitual Nuisance Property.
1. The Community Development Director or designee, by registered 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 alien 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 Conununity Development Director or designee ee 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 make 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
assessmcnt 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 reporting party who disagrees with a Code Compliance Specialist decision may ppeal this
decision to the Community Development Director or designee by making application on forms
provided by the County and paying the 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 upon 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 permit conditions that has allegedly been misinterpreted or applied.
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 thigy (30) days. Notification of the hearing shall be made
to both the person(s) appealing the decision and persons or property owner directly impacted by the
decision no less than twenty (20) dayprior to the hearing by certified mail, return receipt requested.
C. The followinghearing caring 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 adopt
additional procedures to conduct of the hearing.
2. Evidence including rebuttal evidence may 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 determine 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 Dircctor 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
County shall pursue con-ection 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
nuisance or otherwise ugiltdviolation 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 anyjuries 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 upon 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 (10) days of the Community Development Director's or
designee's determination 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
(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 putrescible 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.
waste,stFeet Fefuse, industrial waste, infectieus waste, s ell, demolition and eenstFuetian
f HdYstrial applianrzes, manure, vegetable 9F animal selid -and Sefflise-lid- waste, dead alleFnals E)F etheF
.Jms;r--.r,JP.J rAlid
(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 icialc-e4t 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 13.12.205siw
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 475B.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
�\)A f S C�
BOARDF
COMMISSIONERS
MEETING DATE: July 14, 2021
SUBIECT: 2"1 reading of Ordinance No. 2021-010 - An Ordinance Amending Sections of
Deschutes County Code 1.08, 1.16, 13.12 and 13.36.
RECOMMENDED MOTION:
Move approval of Ordinance No. 2021-010.
BACKGROUND AND POLICY IMPLICATIONS:
The Board held a public hearing on June 30, 2021, to consider Ordinance Number 2021-
010, an ordinance amending sections of Deschutes County Code 1.08, 1.16, 13.12 and
13.36. The amendments are specific to: (a) updating the definitions within the solid waste
code to correspond with State definitions, as well as regional standards, and (b) identifying
and defining a prescriptive method for nuisance abatement.
As no individuals provided testimony, the Board closed the oral and written record for the
hearing and deliberated on the proposed text amendments. In deliberations a scrivener's
error was identified with request for correction involving the ordinance number. The Board
then voted to approve the amendments and conducted a first reading (by title only) of the
Ordinance 2021-010.
BUDGET IMPACTS: None
ATTENDANCE: John Griley, Code Compliance Specialist, CDD; Daniel Smith, Code
Compliance Specialist, CDD; Angela Havniear, Administrative Manager, CDD.
MEMORANDUM
TO: Board of County Commissioners
FROM: Nick Lelack, AICP, Director
Angela Havniear, Coordinated Services Manager
Code Enforcement Team
DATE: J u ly 7, 2021
RE: Consideration of Second Reading of Ordinance No. 2021-010 - An Ordinance
Amending Sections of Deschutes County Code 1.08, 1.16, 13.12 and 13.36.
1. Background
The Board held a public hearing on June 30, 2021, to consider Ordinance Number 2021-010, an
ordinance amending sections of Deschutes County Code 1.08, 1.16, 13.12 and 13.36.
As no individuals provided testimony, the Board closed the oral and written record for the hearing
and deliberated on the proposed text amendments. In deliberations a scrivener's error was
identified with request for correction involving the ordinance number. The Board then voted to
approve the amendments and conducted a first reading (by title only) of the Ordinance 2021-010.
Second Reading
The Board is scheduled to conduct the second reading of Ordinance 2021-010 on July 14, 2021,
which allows fourteen days following the first reading.
Attachments:
— Draft ordinance 2021-010
— Exhibit A to Ord. 2021-010
— Exhibit B to Ord. 2021-010
— Exhibit C to Ord. 2021-010
— Exhibit D to Ord. 2021-010
DCC 1.08 Draft Amendments
DCC 1.16 Draft Amendments
DCC 13.12 Draft Amendments
DCC 13.36 Draft Amendments
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