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For Recording Stamp Only
BEFORE THE PEOPLE OF DESCHUTES COUNTY, OREGON
An Ordinance Providing for a Variance from
Ordinance 2008-019 for the Replacement of
Dwellings for Low Income Property Owners Due to
Catastrophic Events and Declaring an Emergency.
REVIEWED
______________
LEGAL COUNSEL
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* ORDINANCE NO. 2009-022
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*
WHEREAS, on June 11, 2008, the Board of County Commissioners (“Board”) adopted Ordinance
2008-019 requiring the installation of nitrogen-reducing onsite wastewater treatment systems for certain
property owners within South Deschutes County; and
WHEREAS, since the adoption of Ordinance 2008-019, the Board learned of hardship situations that
would make the implementation of Ordinance 2008-019 extremely difficult, if not impossible for the property
owner; and
WHEREAS, the Board finds that it is in the public interest to allow a variance to Ordinance 2008-019 in
cases where strict compliance with the ordinance poses an extreme hardship for the property owner and where
other potential sources for financial assistance have been exhausted; now, therefore,
THE PEOPLE OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows:
Section 1. Definitions.
A. “Median income” means the level of household income defined as median for Central
Oregon by the United States Housing and Urban Development Department.
B. “Catastrophic event” means an event such as a fire, flood, storm, the destruction by a
vehicle or aircraft, criminal act by someone other than the property owner, or other
similar event.
Section 2. The Community Development Department (“Department”) Director (“Director”) or, if on
appeal, the Board, may authorize a variance from the requirements of Ordinance 2008-019.
Section 3. Applications to the Department for variances shall be submitted on a form specified by the
Department.
Section 4. The application must:
A. State fully the grounds for the variance and the facts relied upon by the applicant and
must demonstrate how strict compliance with the standard is impracticable.
B. State all other opportunities for financial assistance investigated in a good faith attempt
to comply with Ordinance 2008-019.
PAGE 1 OF 2- ORDINANCE NO. 2009-022 (09/09/09)
Section 5. The variance may be granted in the following situation:
A. The applicant’s current household income is at or below 80% of the median income;
B The entire or a portion of the dwelling must be replaced because the entire or portion of
the original dwelling was destroyed or damaged by a catastrophic event, and, as a result
of the required septic review, a modification or improvement to the septic system is
required; and
C. The applicant demonstrates that no other opportunities are available for financial
assistance that would allow the applicant to comply with Ordinance 2008-019.
Section 6. The burden of proof rests on the applicant.
Section 7. The Director’s decision may be appealed to the Board by filing a completed notice of appeal,
on a form prescribed by the Director, no later than 5:00 PM on the twelfth day following the mailing of the
Director’s decision.
Section 8. 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 _____ day of ____________________, 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
_____________________________________________
TAMMY BANEY, CHAIR
_____________________________________________
DENNIS R. LUKE, VICE-CHAIR
_____________________________________________
ALAN UNGER, COMMISSIONER
Date of 1st Reading: ____ day of ____________, 2009.
Date of 2nd Reading: ____ day of ____________, 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney ____ ____ ____ ____
Dennis R. Luke ____ ____ ____ ____
Alan Unger ____ ____ ____ ____
Effective Date: ______ day of _________________, 2009
ATTEST:
__________________________________________
Recording Secretary
PAGE 2 OF 2- ORDINANCE NO. 2009-022 (09/09/09)