HomeMy WebLinkAboutCode Enforcement ProposalsREVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Chapter 15.04 to Adopt the Updated Fire Code and
Declaring an Emergency.
*
*
ORDINANCE NO. 2011-022
WHEREAS, Deschutes County Staff initiated a text amendment to Deschutes County Code ("DCC")
Chapter 15.04 in order to adopt the most recent state adopted fire code ; and
WHEREAS, the Board of County Commissioners considered this matter and concluded that the
proposed changes are consistent with the County's Comprehensive Plan and that the public will benefit from
changes to the land use regulations; and
WHEREAS, adoption of this ordinance by emergency is necessary because adoption of this ordinance is
occurring during the summer months where more fires are likely to occur and Deschutes County should be able
to apply the most recently updated state regulations to prevent fires and protect the public health and safety; now
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 15.04, Building And Construction Codes And
Regulations, Is amended to read as described in Exhibit "A", attached and incorporated by reference herein,
with new language underlined and deleted language set forth in str-ilethfeugh.
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PAGE 1 OF 2 - ORDINANCE NO. 2011-022
Section 4. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this of , 2011. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Date of ls` Reading: day of , 2011.
Date of 2°d Reading: day of , 2011.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: day of , 2011.
PAGE 2 OF 2 - ORDINANCE NO. 2011-022
Chapter 15.04. BUILDING AND CONSTRUCTION CODES AND REGULATIONS
15.04.010. Specialty Codes and Building Requirements Adopted -Enforcement.
15.04.020. Repealed.
15.04.030. Repealed.
15.04.035. Repealed.
15.04.037. Repealed.
15.04.040. Repealed.
15.04.050. Repealed.
15.04.055. Repealed.
15.04.060. Repealed.
15.04.070. Building Abatement Code -Adopted.
15.04.080. Fire Code -Adopted.
15.04.085. Wildfire Hazard Zones.
15.04.090. Definitions.
15.04.100. Mobile Homes -Placement Permit -Inspection.
15.04.110. Expedited Construction Start.
15.04.120. Mobile Homes -State Certification Required.
15.04.130. Building Permit Issuance -Zoning Conformance -Planning Department Approval.
15.04.140. Industrial/Commercial Structure -Occupancy Certificate Required.
15.04.150. Building or Mobile Home Placement Permit Issuance- Zoning and Subdivision
Conformance.
15.04.160. Permit Fees -Adjustments.
15.04.170. Numbers for Addresses- Placement.
15.04.180. Administration -Enforcement.
15.04.190. Conditions Deemed a Public Nuisance.
15.04.200. Violation -Penalty.
15.04.210. Requirement for Water Service From Water Districts.
15.04.220. Supply of Water for Domestic Use in Conformance With State and Federal Regulations.
15.04.010. Specialty Codes and Building Requirements Adopted -Enforcement.
In the iminc-efftor-ated-areas under the jurisdiction of the County, the County shall administer and enforce
pursuant to ORS 455.153, the following specialty codes and building requirements as though the specific
specialty codes and building requirements were ordinances of the County:
A. The specialty codes under ORS 447 (Plumbing; Access by Disabled Persons), 455 (Building Code) and
ORS 479.510 to 479.945 (Electrical Safety Law).
B. Mobile or manufactured dwelling parks requirements adopted under ORS 446.062.
C. Temporary parks requirements adopted under ORS 446.105.
D. Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230.
E. Park and camp requirements adopted under ORS 455.680.
(Ord. 2011-022, §2, 2011; Ord. 96-055 §2, 1996)
15.04.020. (Repealed by Ord. 96-055 1996)
15.04.030. (Repealed by Ord. 96-055 1996)
15.04.035. (Repealed by Ord. 96-055 1996)
15.04.037. (Repealed by Ord. 93-044 1993)
15.04.040. (Repealed by Ord. 96-055 1996)
15.04.050. (Repealed by Ord. 96-055 1996)
15.04.055. (Repealed by Ord. 91-025 1991)
Chapter 15.05 1 (04-6/201106)
Page 1 of 7 — Exhibit A to Ordinance 2011-022
15.04.060. (Repealed by Ord. 96-055 1996)
15.04.070. Building Abatement Code- Adopted.
A. Except as provided in DCC 15.04.070(B), a certain book or publication, a copy of which is on file with
the County Clerk, marked and entitled, Uniform Code for the Abatement of Dangerous Buildings,
1994-7 Edition, hereinafter referred to as "building abatement code," is adopted in its entirety as the
building abatement code for the unincorporated areas of the County for regulating and controlling the
repair, vacation, demolition and abatement of dangerous buildings in the unincorporated areas of the
County. The building abatement code adopted and on file in the County Clerk's office is referred to and
by this reference made a part of DCC 15.04 as though fully set out in DCC 15.04.
B. The Uniform Code for the Abatement of Dangerous Buildings is adopted as amended below:
1. The words "or premises" are inserted after the word "building" under sections 401, 402, 403, 404,
701, 703, 802 and 901;
2. Chapter 9 is amended as follows:
Section 901. Account of Expense, Filing of Report: Contents. The Director of the Community
Development Department shall keep an itemized account of the expense incurred by the County in
the repair or demolition of any building done pursuant to the provisions of section 701(C)3 of this
code. Upon the completion of the work of repair or demolition, said director shall prepare and file
with the Board a report specifying the work done, the itemized and total cost of the work, a
description of the real property upon which the building or structure is or was located, and the
names and addresses of the persons entitled to notice pursuant to subsection (c) of section 401.
Section 902. Report Transmitted to Board -Set for Hearing. Upon receipt of said report, the Board
shall fix a time, date and place for hearing said report and any protests or objections thereto. The
Board shall cause notice of said hearing to be posted upon the property involved, published once in
a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid,
addressed to the owner of the property as the owner's name and address appear on the last
assessment roll of the County. Such notice shall be given at least ten days prior to the date set for
hearing and shall specify the day, hour and place when the Board will hear and pass upon the
director's report, together with any objections or protests which may be filed as hereinafter provided
by any person interested in or affected by the proposed charge.
Section 903. Protests and Objections -
How Made. Any person interested in or affected by the proposed charge may file written protests
or objections with the Board at any time prior to the time set for the hearing on the report of the
director. Each such protest or objection must contain a description of the property in which the
signer thereof is interested and the grounds of such protest or objection.
Section 904. Hearing of Protests. Upon the day and hour fixed for the hearing, the Board shall
hear and pass upon the report of the director together with any objections or protests. The Board
may make such revision, correction, or modification in the report or the charge as it may deem just;
and when the Board is satisfied with the correctness of the charge, the report (as submitted or as
revised, corrected or modified) together with the charge, shall be confirmed or rejected. The
decision of the Board on the report and the charge, and on all protests or objections, shall be final
and conclusive.
Section 905. Personal Obligation and Lien Against Property.
(a) General. The Board may thereupon order that said charge may be made a personal obligation
of the property owner and/or assess said charge as a lien against the property involved.
(b) Personal Obligation. If the Board orders that the charge shall be a personal obligation of the
property owner, it shall direct County Legal Counsel to collect the same on behalf of the
County by use of all appropriate legal remedies.
(c) Lien. If the Board orders that the charge shall be assessed as a lien against the property, it shall
direct County Legal Counsel to take all necessary action to perfect the lien under the provisions
of ORS 87.
Chapter 15.05 2
Page 2 of 7 — Exhibit A to Ordinance 2011-022
(04-6/201106)
Section 906. Lien.
(a) Priority. Any lien filed pursuant to this chapter shall have the priority established in ORS 87
for construction liens. The lien shall continue until the principle and all interest due and
payable thereon are paid.
(b) Interest. Any such lien filed shall bear interest at the then legal rate.
Section 907. Foreclosure of Lien. The lien filed pursuant to section 905 of this chapter shall be
foreclosed as provided in ORS 87.
Section 912. Disbursement of Lien. All money recovered from the sale of the property through
lien foreclosure proceedings under ORS 87 shall be paid to the County Treasurer, who shall credit
the same to the County general fund.
(Ord. 2011-022, §2, 2011; Ord. 95-005 §1, 1995; Ord. 88-027 §1, 1988; Ord. 83-056 §5, 1983)
15.04.080. Fire Code -Adopted.
The 2009
edition of the International Fire Code, as published by the International Code Council and as amended by
the Office of State Fire Marshal, a copy of which is on file with the County Clerk„ hereinafter referred to as
"fire code," hereby is adopted in its entirety as the fire code of the County and incorporated by reference
herein
(Ord. 2011-022, §2, 2011; Ord. 97-024 §1, 1997; Ord. 93-006 §1, 1993; Ord. 90-005 §4, 1990; Ord. 86-068
§1, 1986; Ord. 83-056 §6, 1983)
15.04.085. Wildfire Hazard Zones.
A. Wildfire Hazard Zones are those depicted on the Deschutes County Wildfire Hazard Areas map on file
with the County Clerk.
B. Adoption of the Wildfire Hazard Areas map implements the provisions of Section 326 of The 1998
the Wildfire Hazard Mitigation Section of the
Oregon Residential Specialty Code enforced pursuant to DCC 15.04.010(A).
(Ord. 2011-022, §2, 2011; Ord. 2001-024 §1, 2001)
15.04.090. Definitions.
Whenever appropriate in applying the provisions of DCC 15.04, the following words and phrases are
defined as set forth in DCC 15.04.090.
"Appointing authority" means the Board of County Commissioners.
"Building Department" means the office of the County Building Official or his designee.
"Building official" means the person designated by the Board as the Building Administrator.
"County" means Deschutes County, a political subdivision of the State of Oregon.
"Fire chief' means the applicable chief of any rural fire protection district or the chief of any fire department
of a special service district..
"Mobile home" has the meaning provided in DCC Title 18.
"Modular or factory -built home" means a factory -built dwelling unit designed to be transported to a site and
the construction meets the standards of the Oregon Prefabricated Structures Code, and is a structure for the
purposes of DCC 15.04.
(Ord. 2011-022, §2, 2011; Ord. 95-063 §1, 1995; Ord. 83-056 §12, 1983)
Chapter 15.05 3 (04-6/201106)
Page 3 of 7 — Exhibit A to Ordinance 2011-022
15.04.100. Mobile Homes -Placement Permit- Inspection.
No mobile home shall be occupied within the unincorporated areas of the County without first obtaining a
placement permit and satisfactory inspection of placement on the site, electrical connections and plumbing
connections.
(Ord. 95-063 §1, 1995; Ord. 83-056 §7, 1983)
15.04.110. Expedited Construction Start.
A. Notwithstanding any other provision set forth in DCC 15.04, the Deschutes County Community
Development Department is authorized to allow the commencement and undertaking of certain
construction work for certain types of single-family residences served by sewer and certain types of
garages prior to the issuance of building permits. The Building Safety Director shall have the discretion
to limit the kind of construction project to which DCC 15.04.110 applies and the extent to which such
construction can proceed before building permits must be issued. Such discretion shall be exercised in a
manner calculated to protect public safety and to limit applicability to projects with a very high
probability of gaining ultimate approval under applicable land use and building codes.
B. In all cases, owners or their authorized representatives shall have applied for required building permits.
Before commencing construction under DCC 15.04.110, owners and any general contractor employed
by the owner shall be required to sign a form of agreement with the County, acting by and through the
building official or the Director of the Community Development Department or such other persons as
the Board may designate, by which the owner and any general contractor agree at a minimum to assume
all risks associated with proceeding before building permits are issued, agree to call for required
inspections under the applicable building code and to correct any construction deficiencies noted, agree
to take remedial action, including but not limited to removal of construction work, in the event that the
plans submitted for approval are ultimately not approved by the Community Development Department,
and to indemnify the County for any damage suffered by reason of commencing and undertaking
construction under DCC 15.04.110.
C. Any owner wishing to proceed with construction under DCC 15.04.110 shall apply to the Community
Development Department for approval and pay an application fee in an amount determined by the
Board.
D. For purposes of enforcement, violation of any provision of the agreement authorized by DCC 15.04.110
by any owner or contractor who is a party to such an agreement shall be treated as if it were a violation
of a provision of DCC 15.04. Enforcement under DCC 15.04 shall be in addition to any remedies set
forth under the Agreement.
(Ord. 95-063 §1, 1995; Ord. 91-046 §1, 1991)
15.04.120. Mobile Homes -State Certification Required.
No modular or factory -built home shall be located in the unincorporated areas of the County until such
modular or factory -built home has been certified by the state as meeting all state requirements.
(Ord. 95-063 §1, 1995; Ord. 83-056 §8, 1983)
15.04.130. Building Permit Issuance -Zoning Conformance -Planning Department Approval.
No building permit shall be issued for the construction, reconstruction, remodeling, enlargement, alteration,
repair or conversion of any dwelling unit containing two or more dwelling units, commercial or industrial
structure, or public use structure until plans therefor, including plot plan, are submitted to the Planning
Department and approved by it as conforming to the zoning ordinances of the County.
(Ord. 95-063 §1, 1995; Ord. 83-056 §10, 1983)
Chapter 15.05 4
Page 4 of 7 — Exhibit A to Ordinance 2011-022
(04-6/201106)
15.04.140. Industrial/Commercial Structure- Occupancy Certificate Required.
No industrial or commercial structure shall be occupied until a certificate of occupancy has been issued.
(Ord. 95-063 §1, 1995; Ord. 93-052 §1, 1993)
15.04.150. Building or Mobile Home Placement Permit Issuance- Zoning and Subdivision
Conformance.
No building permit or mobile home placement permit shall be issued if the parcel of land upon which the
building or mobile home is to be erected or located on, or is located on, would be in violation of DCC Title
17, the subdivision title or DCC Title 18, the zoning title. A subdivision shall be deemed to be in violation
of the zoning ordinance for the purpose of issuing building permits so long as roads and other improvements
remain uncompleted in accordance with the applicable subdivision provisions.
(Ord. 95-063 §1, 1995; Ord. 83-056 §11, 1983)
15.04.160. Permit Fees -Adjustments.
The fees for permits under DCC 15.04 shall be the fees prescribed by the State Building Codes Agency.
The County may set any permit fee at any amount approved by the state, or set a fee for a permit for which
the state has failed to set a fee by proper resolution. Such fees may be waived by the Board of County
Commissioners, the County Administrator, or the Director of the County Community Development
Department.
(Ord. 2006-002 §1, 2006; Ord. 96-058 §1, 1996; Ord. 95-063 §1, 1995; Ord. 93-006 §1, 1993; Ord. 83-056
§15, 1983)
15.04.170. Numbers for Addresses- Placement.
Numbers for addresses shall be placed on all new and existing buildings in such a position as to be plainly
visible and legible from a distance of 50 feet. Such numbers or addresses shall contrast with their
background and shall be the official address number as assigned the property by the County, the City of
Bend, the Redmond Fire District, or the City of Sisters.
(Ord. 95-063 §1, 1995; Ord. 83-056 §9, 1983)
15.04.180. Administration -Enforcement.
The building official as defined in DCC 15.04 shall administer and enforce DCC 15.04, except that the
provisions of the fire code shall be administered and enforced by the applicable fire chief.
(Ord. 95-063 §1, 1995; Ord. 83-056 §13, 1983)
15.04.190. Conditions Deemed a Public Nuisance.
Any act or condition which is in violation of any of the provisions of DCC 15.04, which is committed,
continued or permitted, is declared to be a public nuisance, and the County may, in addition to any other
remedies provided by law, institute the proceedings for the enforcement of DCC 15.04.
(Ord. 95-063 §1, 1995; Ord. 83-056 §18, 1983)
15.04.200. Violation -Penalty.
A.
County pursuant to ORS 455.153. Violation of any provision of DCC 15.04, any specialty code or
building code requirement administered by the County pursuant to ORS 455.153, or the fire code is a
Class A violation.
Chapter 15.05 5
Page 5 of 7 — Exhibit A to Ordinance 2011-022
(0-1-6/201106)
B. Violation f any provision of DCC 15.04 or any specialty codc
or building requirement administered by the County pursuant to
ORS 455.153 is a Class A violation. A person liable for prosecution under
DCC 1.16.015(C) for a violation of DCC 15.04 or any code adopted therein is also subject to
a civil penalty not to exceed $720.00 per day the violation exists
C. The building official may institute proceedings to assess a civil penalty for any violation of
this chapter or codes adopted herein except for violations of the fire code.
D. A fire chief is authorized to assess a civil penalty for a violation of the fire code.
E. A civil penalty for a violation under a building inspection program may not exceed the
maximum civil penalty amount authorized for an equivalent specialty code violation under
ORS 455.895.
F. The building official, a building inspector, or a fire chief may not serve as a hearings officer
in proceedings to assess civil penalties under this chapter.
G. A fire chief is authorized to issue citations that charge a person with a violation of the fire
code.
(Ord. 2011-022, §1, 2011; Ord. 2003-021 §31, 2003; Ord. 96-055 §2, 1996; Ord. 95-063 §1, 1995; Ord.
83-056 §17, 1983)
15.04.210. Requirement for Water Service from Water Districts.
A. All new buildings requiring water service that are located within the boundaries of a domestic water
supply district, water authority, joint water and sanitary authority or county service district ("district")
shall be connected to and served by the district's facilities unless an alternate domestic water source is
approved in writing by the district.
1. All building permit applications for new construction requiring an individual domestic water source
located within a district shall include a written statement from the district on a form provided by the
Community Development Department stating that the district will provide water service or that the
subject building is not required to receive water service from the district.
2. This provision is not applicable to properties with an existing individual domestic water source.
B. If the applicant is unable to obtain approval of the appropriate district within 15 days of submission to
such district, the applicant shall provide written notification to the Community Development
Department ("CDD") and, thereafter, CDD shall notify the district by certified mail that any objections
to the issuance of the building permit must be filed with CDD within 15 days of the date of the notice or
failure to respond shall be considered to be an approval of the proposed water source.
(Ord. 2002-011 §1, 2002)
15.04.220. Supply of Water for Domestic Use in Conformance With State and Federal Regulations.
A. All water supplies serving as sources of human consumption must comply with the Federal Safe
Drinking Water Act, as amended and regulated, as well as Oregon Revised Statutes.
B. Irrigation District or System sources do not comply with these regulations, and shall not be permitted as
sources of water for human consumption for new construction or structure modifications.
1. Applications for building permits for new construction that include cistern storage for water for
human consumption purposes shall require conclusive proof that the source of cistern water is not
irrigation water.
2. Construction modifications to existing structures or systems requiring County review and which
have cistern storage for water for human consumption shall require conclusive proof that the source
of cistern water is not irrigation water.
3. The Deschutes County Building Official shall not issue a building permit for any applicant failing to
comply with these provisions.
Chapter 15.05 6
Page 6 of 7 — Exhibit A to Ordinance 2011-022
(04-6/201106)
4. If a structure or structure modification requiring a water source for human consumption is
constructed without the required building permit and the water source is irrigation water, the use
shall be a violation of this code provision.
C. Existing users of Irrigation District or System water for human consumption may comply with these
state and federal regulations by modifying their systems to obtain water from private wells, a public or
private water system, or a water hauling service. If existing users do not modify their systems, upon
notice of an existing user's non-compliance with the state and federal regulations regarding water
supply for human consumption, the County shall notify the appropriate irrigation district.
(Ord. 2002-011 §1, 2002)
Chapter 15.05 7 (04-6/201106)
Page 7 of 7 — Exhibit A to Ordinance 2011-022
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending and Adding to Deschutes
County Code Title 1 to Allow for County
Administrator Appointment of Code Enforcement
Officials and to Adopt Administrative Hearings
Procedures for Building and Fire Code Violations
and to and Declaring an Emergency.
ORDINANCE NO. 2011-023
WHEREAS, Deschutes County Code ("DCC") requires Deschutes County Code Enforcement Officials
other than public safety officers to be appointed by the Board of County Commissioners ("Board"); and
WHEREAS, it is more efficient for the County Administrator to be the appointing authority for Code
Enforcement Officials; and
WHEREAS, in 2009, the Oregon legislature adopted Senate Bill 915 that required local hearings
procedures instead of citations to court for building code violations; and
WHEREAS, Deschutes County Staff initiated a text amendment to add DCC Chapter 1.17 in order to
implement Senate Bill 915; and
WHEREAS, the Board considered this matter and concluded that the proposed changes are consistent
with the County's Comprehensive Plan and that the public will benefit from changes to the land use regulations;
and
WHEREAS, adoption of this ordinance by emergency is necessary because Deschutes County will not
have a means of enforcing alleged violations of the County's adopted building code without this text amendment
in place; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHLTTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 1.16., Code Violations And Enforcement, is amended to
read as described in Exhibit "A", attached and incorporated by reference herein, with new language underlined
and deleted language set forth in striketkr-ettgli.
Section 2. ADDING. DCC Chapter 1.17, Code Enforcement Hearings Procedures, is added as in
Exhibit "B," attached and incorporated by reference herein.
///
PAGE 1 OF 2 - ORDINANCE NO. 2011-023
Section 4. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this of , 2011. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Date of 1 s` Reading: day of , 2011.
Date of 29d Reading: day of , 2011.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: day of , 2011.
PAGE 2 OF 2 - ORDINANCE NO. 2011-023
"****" Denotes provisions in this chapter remaining unchanged by Ordinance 2011-023.
Chapter 1.16. CODE VIOLATIONS AND ENFORCEMENT
1.16.010. Violations Deemed Class A or B Classification -Penalties.
1.16.020. Continuing Violations.
1.16.030. Violation Procedures -Statutory Provisions Adopted.
1.16.032. Base Fine Amounts and Violation Classification for Water Supply, On -Site Sewage,
Building Code, Subdivision Regulations and Land Use Regulation Violations.
1.16.035. Search Warrants -Statutory Provisions Adopted.
1.16.040. Other Remedies Not Precluded.
1.16.045. Private Right of Action.
1.16.050. Stop Work or Use Tag Violations.
1.16.060. Continuation of Certain Liabilities.
1.16.070. Code Enforcement Officials -Designation by ReardCounty Administrator.
1.16.080. Code Enforcement Officials- Appointment Status.
1.16.090. Penalty for False Information on Noise or Animal Control Violation.
1.16.070. Code Enforcement Officials- Designation by Rear4LCounty Administrator
A. The Boa-by-order,County Administrator shall designate individuals, in addition to peace officers,
who are employees or agents of the county, to enforce violations of county ordinances.
B. Private individuals who commence actions under subsection C of this section are not agents or
employees of the county.
C. A private person may commence an action for a noise offense under DCC 8.08, or an animal control
violation under DCC 6.08 by signing the complaint before a magistrate, clerk or deputy clerk of the
court or sheriff's deputy.
D. The action commenced by a private person shall be entered in the court record.
E. If an ORS 153.045 uniform violation citation form is not used, then a complaint under DCC
1.16.070(B) shall contain a statement that the complainant shall certify, under the penalties provided in
DCC 1.16.090, that the complainant has reasonable grounds to believe, and does believe, that the person
cited committed the offense contrary to law.
F. A certificate conforming to DCC 1.16.090 shall be deemed equivalent to a sworn complaint.
G. When the complaint is certified by a private person, the court shall cause the summons to be delivered
to the defendant. The court may require the County Sheriff's Office to serve the summons as provided
in ORS 153.535(1).
(Ord. 2011-023 §1, 2011; Ord. 2008-026 §1, 2008, Ord. 2007-028 §1, 2007; Ord.2002-016 §9, 2002; 98-
010 §1, 1998; Ord. 87-005 §1, 1987)
1.16.080. Code Enforcement Officials- Appointment Status.
The appointment of a county officer to enforce violations of county ordinances shall be continuous
until such appointment is revoked by the BeardCounty Administrator.
(Ord. 2011-023 §1, 2011; Ord. 2002-016 §9, 2002; 87-005 §2, 1987)
Chapter 1.16 (06/2011)
Page 1 of 1 — Exhibit A to Ordinance 2011-023
Chapter 1.17 CODE ENFORCEMENT HEARINGS PROCEDURES
1.17.010. Applicability, exception.
1.17.020. Defmitions.
1.17.030. Hearings officers.
1.17.040. Instituting civil penalty proceedings.
1.17.050. Notice of violation and proposed civil penalty.
1.17.060. Service of notice.
1.17.070. Setting the hearing, continuances.
1.17.080. Discovery and disclosure.
1.17.090. Hearings and decisions.
1.17.100. Penalty amounts and other orders by the hearings officer.
1.17.110. Collection of civil penalties.
1.17.120. Final decision.
1.17.010. Applicability, exception.
A. Unless another procedure is expressly provided for, this chapter governs the procedure for
the assessment of civil penalties authorized by the code.
B. In all cases, a civil penalty is in addition to any other legal remedy available to redress
violations of the code.
C. This chapter does not apply to proceedings before and civil penalties imposed by the Animal
Control Board of Supervisors.
(Ord 2011-023 §4, 2011)
1.17.020. Defmitions.
As used in this chapter, unless the context requires otherwise:
Notice means the notice of violation and proposed civil penalty issued to a violator under DCC
1.17.040.
Violator means a person to whom a notice has been issued.
Hearings officer means a person designed under DCC 1.17.030 to adjudicate civil penalty
proceedings.
Code enforcement official means a person designated as such under DCC 1.16.080(A) or in the
case of enforcement of the Fire Code, a fire chief or the fire chief s designee.
County means Deschutes County. Proceedings to enforce provisions of the Fire Code pursuant to
this chapter shall be commenced in the name of the County.
Person means any individual, partnership, corporation, or association.
Chapter 1.17 1 (06/2011)
Page 1 of 7 — Exhibit B to Ordinance 2011-023
1.17.030. Hearings officers.
A. The Board of County Commissioners shall designate one or more hearings officers to
adjudicate civil penalty proceedings under this chapter.
B. Hearings officers may administer oaths in connection with their duties as hearings officers.
(Ord 2011-023 §4, 2011)
1.17.040. Instituting civil penalty proceedings.
A. Civil penalty proceedings may be instituted by the county official responsible for administering
the county code provisions believed to be violated, a peace officer, or any other person
specifically authorized by ordinance to institute civil penalty proceedings.
B. Civil penalty proceedings are instituted when a notice of violation and proposed civil penalty is
served on the violator as required by this chapter.
(Ord 2011-023 §4, 2011)
1.17.050. Notice of violation and proposed civil penalty.
A. The notice of violation and proposed civil penalty shall be on a form approved by Deschutes
County Legal Counsel.
B. Notices shall contain the following:
1. The name of the violator;
2. The sections of the code allegedly violated. If the applicable county code section(s)
incorporate a state statute, rule, uniform code (such as the building code), or other source of
law, the notice shall also contain citations to the sections of the applicable code, statute, or
rule;
3. A brief description of the violation in such a manner as can be readily understood by a
person making a reasonable effort to do so;
4. The date or range of dates for which the violator is believed responsible for the violation;
5. The location of the violation;
6. The amount of the proposed civil penalty;
7. Statements which advise the violator, in ordinary, nontechnical language of the following:
a. The violator's right to a hearing;
b. The date, time and location of the hearing;
c. The procedures for requesting that the hearing be rescheduled;
d. The procedures at the hearing;
e. The requirement that the violator appear in person at the hearing or submit a written
statement in lieu of appearing in person; and
f. That if the violator does not appear in person at the hearing or does not submit a written
statement in lieu of appearing in person:
i. the full amount of the proposed civil penalty will be assessed;
ii. the violator will be ordered to correct the violation;
iii. Failing to pay a civil penalty or correct a violation after having been ordered or
required to do so is a separate violation of the code and subjects the violator to
Chapter 1.17 2 (06/2011)
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additional civil penalties, court action, liens, garnishments, interest charges, and
other involuntary collection remedies.
8. The date the notice was issued;
9. The address at which the violator may submit to the county written materials related to the
notice; and
10. The name, title, and signature of the person issuing the notice.
C. Corrections.
1. Any errors or omissions in the notice may be corrected at the hearing or at any time prior
thereto.
2. The violator is entitled to be notified of any amendments or corrections to the notice.
D. A violator claiming that an error or omission in the notice constitutes a defense or that the
notice should be set aside shall advise the hearings officer of the claimed error or omission
prior to the close of the hearing and request the notice be set aside.
1. Failure to request that the hearings officer set aside the notice due to an error or omission
constitutes a waiver and will be an absolute bar to raising the issue at any later time or on
appeal.
2. A notice may be set aside by a hearings officer only if the violator is prejudiced by the error
or omission.
3. If the hearings officer sets aside a notice due to an error or omission, the county may
reinstitute civil penalty proceedings based upon the same conduct, condition, or
circumstance alleged in the notice which the hearings officer set aside.
E. Legal Counsel may approve a form that contains information in addition to the information
required by subsection (B) of this section.
(Ord 2011-023 §4, 2011)
1.17.060. Service of notice.
A. Service of a notice of violation shall be accomplished in any manner reasonably calculated,
under all the circumstances, to apprise the violator of the existence and pendency of the
proceedings and give the violator an opportunity to appear and defend.
B. The violator may be served with the original notice or a copy thereof.
1. Copies need not be certified true copies.
2. The following methods of service are presumed to be reasonable under subsection (A) of
this section:
a. By personal delivery of the notice on the violator;
b. By mailing the notice to the violator by first class mail and by any of the following:
certified, registered, or express mail.
i. Mail sent certified, registered, or express mail shall be sent with return receipt
requested.
ii. For purposes of this section "first class mail" does not include any form of mail
which may delay or hinder actual delivery of mail to the addressee;
d. By personal service on a registered agent, officer, director, general partner, or
managing agent of a corporation, limited partnership or personal service upon any clerk
on duty in the office of the registered agent;
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e. By posting a copy of the notice in a conspicuous location upon the apparent main
entrance to the dwelling or property and by mailing first class mail copies of the notice
to the property and the address of the owner currently on file with the county tax
collector.
C. Service shall be deemed complete when personal service is accomplished or in the case of
posted or mailed service the date on which the violator signs a receipt for delivery or 7 days
after the mailing, whichever occurs first.
(Ord 2011-023 §4, 2011)
1.17.070. Setting the hearing, continuances.
A. The date, time and location of the hearing shall be set forth on the notice of violation.
B. The county or the violator may request that the hearing be rescheduled.
C. Requests by the violator to reschedule must be in writing and delivered to the county at the
address designated on the notice.
D. Except as otherwise provided in this section, requests to reschedule may be delivered by
facsimile transmission, but not by e-mail.
E. Requests to reschedule the hearing must be made at least 2 business days prior to the hearing
date.
F. Requests by the County to reschedule the hearing.
1. Request by the County to reschedule the hearing must be made in writing to the hearings
officer with a copy served upon the violator.
2. If the county's request to reschedule is made 7 or more days prior to the hearing the County
may serve the violator by first class mail, otherwise, service must be made in accordance
with DCC 1.17.050.
3. Requests by the County to reschedule must include reasons for the request and the
violator's position on the request.
4. If the County was unable to contact the violator for his or her position, the request must
state the efforts made to obtain his or her position.
5.
G. Decisions on requests to reschedule the hearing submitted within 60 days from the date the
notice of violation is served will be made by the following officials:
1. For violations of the building code, decisions regarding whether or not to grant violator's
request to reschedule a hearing shall be made by the building official or the building
official's designee.
2. For violations of the fire code, decisions regarding whether or not to grant violator's
request to reschedule a hearing shall be made by the fire chief for the district in which the
violator's real property is located or the fire chief designee.
H. Decisions on requests to reschedule the hearing submitted more than 60 days from the date the
notice of violation is served will be made by the hearings officer.
I. Decision on reschedule request.
1. The person making the decision on the rescheduling request shall consider only the
violator's written request to reschedule and information within the file which is available to
the violator.
2. The decision denying the request to reschedule must contain a brief statement of the
reasons for the denial.
Chapter 1.17 4 (06/2011)
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3. A decision granting a rescheduling request shall contain the date, time and location of the
rescheduled hearing
4. Decisions on rescheduling requests will be mailed to the violator by first class mail.
(Ord 2011-023 §4, 2011)
1.17.080. Discovery and disclosure.
Discovery in proceedings under this chapter is governed by ORS 135.805 to 135.873.
(Ord 2011-023 §4, 2011)
1.17.090. Hearings and decisions.
A. The hearings officer shall preside over hearings under this chapter and may set reasonable rules
of procedure designed to facilitate orderly and efficient presentation of evidence provided the
rules do not conflict with this chapter.
B. Except as otherwise provided in this section, the violator must appear in person at the hearing.
C. If the violator is an individual, he or she may submit a written statement in lieu of personal
appearance in accordance with subsection (E) of this section.
D. Violators who are not individuals must designate a director, officer, managing agent, member,
or employee who has the authority to act on the violator's behalf and to give sworn testimony
on the violator's behalf.
1. The designee must appear in person at the hearing.
2. The hearings officer may require the designee to testify under oath to establish his or her
authority.
E. Statements in lieu of appearance.
1. A written statement in lieu of personal appearance must be signed by the violator or on
behalf of the violator and received by the county at the address on the notice at least 1
business day prior to the hearing.
2. Statements may be delivered via facsimile transmission, but not by email.
F. Except as provided in subsection (K) of this section, all testimony must be given under oath.
G. Hearings on notices involving the same person or persons, the same parcel of property, or
common issues of fact or law may be consolidated and heard in a single proceeding;
I. The Oregon Rules of Evidence do not apply to hearings conducted pursuant to this chapter.
1. Any relevant evidence shall be admitted if it is of the type of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs, regardless of
the existence of a common law or statutory rule which might make improper the admission
of such evidence over objection in civil actions in courts of competent jurisdiction in this
State.
2. Although relevant, evidence may be excluded if the hearings officer determines its
probative value is substantially outweighed by considerations of undue delay or needless
presentation of cumulative evidence.
J. The county may be represented by a fire chief for violations of the Fire Code, by a code
enforcement official for violations of other than the Fire Code, by legal counsel or assistant
legal counsel, by a peace officer, or by any person so authorized by a county department head
or fire chief.
K. Violator represented by an attorney.
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1. The violator may be represented by an attorney licensed to practice law in Oregon or may
represent himself.
2. The appearance of an attorney does not alter the requirement that the violator be personally
present at the hearing.
L. If the violator has personally appeared at the hearing or timely delivered a written statement in
lieu of personal appearance, the county shall proceed first and have the burden of establishing
the violations by a preponderance of evidence.
1. The violator proceeds second and, if personally present, may question the county's
witnesses, present testimony and evidence and make argument.
2. If the violator is not personally present, the hearings officer may not consider any
testimony, argument or evidence on behalf of the violator apart from the violator's written
statement.
3. The county's representative may question the violator's witnesses. The county may offer
rebuttal testimony or argument or both at the discretion of the hearings officer.
M. Penalty only hearing.
1. If the violator admits the violation and requests to be heard only on the issue of the penalty,
the hearings officer may decide to proceed informally and dispense with sworn testimony.
2. In such cases, the hearings officer shall proceed in any manner which provides the county
and the violator a full and fair opportunity to be heard on the issue of the penalty.
N. If the violator fails to appear at the hearing and has not submitted a written statement in lieu of
appearance, the hearings officer shall close the hearing and issue a decision assessing the
proposed civil penalty and ordering the violator to correct the violation immediately.
O. Decisions of the hearings officer shall be written and issued within fourteen (14) days from the
date of the hearing.
1. A decision is issued when it is mailed to the violator first class mail or delivered to the
violator in person.
2. If the preponderance of evidence establishes one or more of the violations alleged in the
notice, the decision shall briefly state the facts which constitute each violation.
3. If the preponderance of evidence does not establish one or more of the violations alleged in
the notice the decision shall so state.
4. The decision shall advise that the violator may seek judicial review by filing a petition for a
writ of review with the circuit court within 60 days of the date of the decision.
P. Orders imposing a civil penalty and orders to correct a violation take effect upon personal
delivery to the violator or upon mailing, whichever occurs first.
(Ord 2011-023 §4, 2011)
1.17.100. Penalty amounts and other orders by the hearings officer.
A. The hearings officer shall impose a civil penalty for each violation established.
1. The amount of the civil penalty shall be the amount proposed in the notice of violation
unless the hearings officer finds based upon the evidence or statements of the violator that a
lesser civil penalty is required to avert an injustice.
2. A decision imposing a lesser penalty shall state with particularity the reasons why a lesser
penalty is justified under this section.
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3. A hearings officer may order the civil penalty be paid immediately or at some other definite
time.
B. In addition to any civil penalty imposed, the hearings officer shall order the violator to correct
each violation.
1. If the violator did not appear at the hearing or submit a written statement in lieu of personal
appearance, the order shall require the violator to correct the violation immediately.
2. Otherwise, the violator shall be ordered to correct the violation within a definite period.
3. The hearings officer may order the violator to take specific corrective action if the hearings
officer determines that doing so would facilitate compliance with the code.
C. A failure to correct a violation as ordered by the hearings officer or pay a civil penalty when
due is subject to a civil penalty of up to $500.00 for each day the violation is not corrected or
civil penalty is not paid.
(Ord 2011-023 §4, 2011)
1.17.110. Collection of civil penalties.
A. Unless otherwise ordered by the hearings officer, civil penalties are due immediately.
B. Unpaid civil penalties accrue interest at a rate of 9% per annum.
C. The county has a lien on the real property where the violation occurred and on any real
property in Deschutes County owned by the violator for the amount of a civil penalty plus
accrued interest.
D. The county may record the hearings officer decision in the county lien records at any time after
60 days from the date the decision was issued.
E. The lien referred to in subsection (B) of this section attaches when the decision is mailed or
personally delivered to the violator, whichever occurs first.
1. An order granting a violator time within which to pay a civil penalty does not affect the
county's lien.
2. In all cases, the lien is for the full civil penalty together with accrued interest regardless of
when payment is due.
(Ord 2011-023 §4, 2011)
1.17.120. Final decision.
The decision of the hearings officer is the final decision of the county.
(Ord 2011-023 §4, 2011)
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