HomeMy WebLinkAboutOrdinance 010 - Repeal Ordn 2008-019{
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 23, 2011
Please see directions for completing this document on the next page.
DATE: 3/14/11
FROM: Tom Anderson
Community Development 385-1704
TITLE OF AGENDA ITEM:
Consideration of a) First and Second Readings and Adoption, by Emergency, or b) First Reading, of
Ordinance No. 2011-010, An Ordinance Repealing Ordinance 2008-019.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Ordinance 2008-019 was adopted by the Board of Commissioners in June, 2008 to protect area
groundwater and rivers by requiring the use of nitrogen reducing septic systems for new construction;
septic upgrades associated with a home expansion, and septic system failure that requires replacement.
On March 9, 2011, the Board held a work session and discussed options associated with the continued
enforcement of Ordinance 2008-019. In recognition of the Department of Environmental Quality's lead
role in investigating a long term solution for the protection of area groundwater and rivers, along with
the understanding that Oregon Administrative Rule 340-071-0130(1) will in most cases preclude the
use of non nitrogen reducing systems in any event, the Board directed staff to prepare an Ordinance that
would repeal Ordinance 2008-019. The Board may elect to adopt Ordinance 2011-010 with or without
declaring an emergency. Accordingly, two versions of Ordinance 2011-019 are included for
consideration.
FISCAL IMPLICATIONS:
Repeal of Ordinance 2008-019 will likely result in cost savings to both the Legal Dept and Community
Development associated with the end of further litigation related to the Deschutes County Citizens
Action Group v. Deschutes County, Case No. 08CV0658AB.
RECOMMENDATION & ACTION REQUESTED:
First and Second Reading of Ordinance 2011-010 and Adoption of Ordinance 2011-010.
ATTENDANCE: Todd Cleveland, CDD and Laurie Craghead, Legal
DISTRIBUTION OF DOCUMENTS:
Todd Cleveland, CDD
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Repealing Ordinance 2008-019.
* ORDINANCE NO. 2011-010
WHEREAS, the Board of County Commissioners ("Board") desire to repeal Ordinance 2008-019,
adopted on June 11, 2008; and
WHEREAS, in order to end any further litigation costs in Deschutes County Citizens Action Group v.
Deschutes County, Case No. 08CV0658AB filed in Circuit Court, the Board finds it necessary to adopt this
ordinance by emergency; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. REPEALED. Ordinance 2008-019 is hereby repealed in its entirety.
Dated this of , 20 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Date of 1st Reading: day of , 2010.
Date of 2nd Reading: day of , 2010.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger
Tammy Baney
Effective date: day of , 2010.
PAGE 1 OF 1 - ORDINANCE NO. 2011-010
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Repealing Ordinance 2008-019
and Declaring an Emergency.
*
* ORDINANCE NO. 2011-010
WHEREAS, the Board of County Commissioners ("Board") desire to repeal Ordinance 2008-019,
adopted on June 11, 2008; and
WHEREAS, in order to end any further litigation costs in Deschutes County Citizens Action Group v.
Deschutes County, Case No. 08CV0658AB filed in Circuit Court, the Board finds it necessary to adopt this
ordinance by emergency; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. REPEALED. Ordinance 2008-019 is hereby repealed in its entirety.
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PAGE 1 OF 2 - ORDINANCE NO. 2011-010
Section 2. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this of , 20 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, Chair
ANTHONY DeBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Date of l S` Reading: day of , 2010.
Date of 2"d Reading: day of , 2010.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger
Tammy Baney
Effective date: day of , 2010.
PAGE 2 OF 2 - ORDINANCE NO. 2011-010