HomeMy WebLinkAboutOrder 004 - Designate Hearings OfficersDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 4, 2012
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DATE: December 2011
FROM: Tom Anderson Community Development Dept. 385-1704
TITLE OF AGENDA ITEM:
Consideration of Signature of Order No. 2012-004, Designating Hearing Officers to Adjudicate Civil
Penalty Proceedings Under Chapter 1.17, Code Enforcement Hearings Procedures.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
As a result of the passage of Senate Bill 915 in 2009, the process for hearing violations of the Oregon
State Building and Speciality Codes in which a civil penalty is considered, has been changed to be
adjudicated by the local jurisdiction (Deschutes County) rather than by Cireuit Court.
In order to comply with Senate Bill 915, Deschutes County adopted Chapter 1.17, Code Enforcement
Hearings Procedures, which establishes the procedure and processing of citations associated with code
violations, including the Oregon State Building and Specialty Codes. Chapter 1.17.030 provides for
the Board of County Commissioners to designate one or more hearings officers to adjudicate civil
penalty proceedings under Chapter 1.17.
The Community Development Department solicited proposals for hearings officer services. Three
proposals were received from qualified proposers: Karen H. Green, Kenneth D. Helm and Gerald G.
Watson.
FISCAL IMPLICATIONS:
A Personal Service Contract for each of the proposers has been prepared pending their appointment by
this Order. Each Contract specifies a maximum compensation of $50,000 annually.
RECOMMENDATION & ACTION REQUESTED:
The Community Development Department recommends signature of Order 2012-004, to designate
Karen H. Green, Kenneth D. Helm and Gerald G. Watson as Code Violation Hearing Officers for
Deschutes County.
ATTENDANCE: Tom Anderson, Director
DISTRIBUTION OF DOCUMENTS:
Copy of signed Order to Kathleen Stockton, x3193, Community Development Department.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Designating Hearing Officers to *
Adjudicate Civil Penalty Proceedings Under * ORDER NO. 2012-004
Chapter 1.17, Code Enforcement Hearings *
Procedures *
WHEREAS, Deschutes County has established a hearings procedure under Chapter 1.17 of the
Deschutes County Code to decide code violations, including violations of the Oregon State Building and
Speciality Codes, as required by the passage of Senate Bill 915 in 2009; and
WHEREAS, Chapter 1.17.030 provides that the Board of County Commissioners shall designate one or
more hearings officers to adjudicate civil penalty proceedings under Chapter 1.17; and
WHEREAS, the Deschutes County Community Development Department solicited proposals to
provide hearings officer services and received three qualified proposals. A selection committee reviewed the
proposals and has recommended that all three proposals be accepted and appointments made to each of the
proposers: Karen H. Green, Green & Associates; Kenneth D. Helm, Attorney at Law; and Gerald G. Watson,
Attorney at Law; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board of County Commissioners appoints Karen H. Green, Kenneth D. Helm, and
Gerald G. Watson to serve on behalf of Deschutes County as Code Violation Hearings Officers.
Section 2. The appointments shall commence upon adoption ofthis Order.
Dated this ___of _____, 2012 BOARD OF COUNTY COMMISSIONERS
OFDESCHUTESCOUNTY,OREGON
ANTHONY DeBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
PAGE 1 OF 1-ORDER No. 2012-004