HomeMy WebLinkAboutOrder 017 - Remove Sign - Old B-R Highway Deschutes County Board of Commissioners
1300 NW Wall Street, Suite 200, Bend OR 97701-1960
541.388.6570 – Fax 541.385.3202 – www.deschutes.org
AGENDA REQUEST AND STAFF REPORT
For Board Business Meeting of: August 6, 2014
DATE: June 26, 2014
FROM: Chris Doty Road Department Phone: 541.322.7105
TITLE OF AGENDA ITEM:
Consideration for Board approval of Board Order 2017-017 requiring removal of a sign within
the public right-of-way.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
Road Department staff has been attempting to communicate with a property owner to remove or
relocate a private monument sign located within the public right-of-way adjacent to 65625 Old
Bend-Redmond Highway (Bend). The sign is located within the 10-foot clear zone, and as such,
constitues a roadside obstacle per the department’s roadside safety management plan. Although
the sign has been inplace for several years, recent roadwork within the area unveiled the
insufficient clear zone setback.
The property owner initially communicated that he was in possession of a permit for the sign.
The Road Department has no record of permit issuance; the property owner has not produced a
permit and has not responded to multiple recent communication requests.
ORS 368.256 establishes a process to abate road hazards whereby, in cases not constituting an
emergency, a public hearing is held before the county governing body in the event that property
owner has not responded to an order to abate the hazard issued by the county road official. An
order to abate the hazard was issued on May 22, 2014 (attached) and sign has yet to be removed.
Per ORS 368.266 the county governing body must issue an order requiring the person
responsible to abate the hazard within a fixed period of time (not less than 10 days) before the
road official may remove the hazard.
FISCAL IMPLICATIONS:
Removal of the sign is estimated to cost less than $500. Through a separate public hearing
process, the Board may elect to recover costs associated with the sign removal and establish a
lein upon the property if payment is not made within 60 days.
RECOMMENDATION AND ACTION REQUESTED:
Move approval of Board Order 2014-017 requiring removal of a sign within the right-of-way
adjacent to 65625 Old Bend-Redmond Highway.
ATTENDANCE: Chris Doty
DISTRIBUTION OF DOCUMENTS: Board Secretary
Attachments:
Board Order #2014-017
May 22, 2014 Letter to Greg Cobb
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Requiring Removal of the Mountain *
View Stables Sign Located within the Right-of* ORDER NO. 2014-017
Way at 65625 Old Bend-Redmond Highway. *
*
WHEREAS, Greg D. Cobb is determined to be the owner of a sign (Mountain View Stables) located
within the right-of-way and clear zone of Old Bend-Redmond Highway at 65625 Old Bend-Redmond Highway,
Bend, OR 97701; and
WHEREAS, the sign is located within the 1O-foot clear zone contained within the Road Department's
Roadside Safety Management Plan and therefore constitutes a hazardous object; and
WHEREAS, the Road Department has no record of any permit authorizing placement of the sign in its
current location; and
WHEREAS, the Road Department has made numerous attempts to establish communication with the
property/sign owner to achieve voluntary compliance, including two certified letters which have not resulted in
any response communication from the owner; and
WHEREAS, ORS 368.256 establishes a process to abate road hazards and recover costs from the person
responsible for the hazard; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Mr. Greg D. Cobb, the person responsible for violation of ORS 368.256, shall remove the
Mountain View Stables sign within 10 days of the date of this order.
Section 2. If the sign is not removed in the time specified, the Deschutes County Road Department shall
remove and dispose of the sign.
Dated this ___of _____,' 20_ BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ATTEST:
ALAN UNGER, Commissioner
Recording Secretary
PAGE 1 OF I-ORDER No. 2014-017
