(A) Abatement by the Owner or Person in Charge of Property.

(1) Within 10 days after posting and mailing the notice, as provided in this code, the owner or person in charge of the property will remove the nuisance, present a plan to remove the nuisance or show that no nuisance exists.

(2) A person in charge of the property, disputing the declaration of nuisance will withing ten (10) days file with the Community Development Director or designee a written statement which will specify the basis for the protest.

(3) If after review of the statements, the Community Development Director or designee again determines that a nuisance in fact exists, the person responsible will abate the nuisance within 10 days after the Community Development Director's or designee's final determination.

(4) If the person in charge of the property disagrees with the final determination of the Community Development Director or designee, that person may appeal that determination to the County Administrator by filing a written statement within ten (10) days of the Community Development Director's or designee's final determination specifying the basis for the appeal.

(5) The County Administrator will either affirm, overturn or modify the Community Development Director's or designee's decision. The decision of the County Administrator will be the final action of the County.

(B) Abatement by the County - Without Warrant. If the violation for which a Notice of Abatement has been issued is not corrected within the specified timeframe (within ten (10) days of the posting and/or mailing of the Notice of Abatement, or within ten (10) days of the Community Development Director's or designee's final determination of a dispute, or within ten (10) days of the decision of the County Administrator), and is considered an immediate public health and safety hazard, the Community Development Director or designee may cause the nuisance to be abated without a warrant.

(C) Abatement by the County - Nuisance Abatement Warrant Authorized. The Deschutes County Justice Court will have the authority to issue warrants authorizing any County official authorized by the Community Development Director to enforce provisions of the Deschutes County Code to make searches and seizures reasonably necessary to enforce any provision of the Deschutes County Code pertaining to nuisances.

(1) Every warrant authorized by this section wll be supported by affidavit or sworn testimony establishing probable cause to believe that a nuisance violation has occurred, describing:

(a) The applicant's status in applying for the warrant

(b) The ordinance or regulation requiring or authorizing the removal and abatement

(c) The building or property to be entered; the basis upon which cause exists to remove or abate the violation;

(d) A statement of the violation to be removed or abated AND

(e) A statement that consent to enter onto the property to abate the violation has been sought and refused or the facts and circumstances that reasonably justify the failure to seek or inability to obtain such consent.

(2) Cause will be deemed to exist if there is reasonable belief that a code violation exists with respect to the designated property, and that the property owner and person in charge of the property have been given notice and an opportunity to abate the violation and has not responded in a timely fashion.

(3) The Justice Court may, before issuing an abatement warrant, examine the applicant and any other witness under oath and will be satisfied of the existence of grounds for granting such application. If the Justice Court is satisfied that cause for the removal and abatement of the violation(s) exists and that the other requirements for granting the application are satisfied, the Justice Court will issue the abatement warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered, and a statement of the general types and estimated quantity of the items to be removed or conditions abated.

(D) In issuing an abatement warrant, the Justice Court may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and to assist in any way necessary to enter the property and, remove and abate the violation.

(E) Execution of Abatement Warrants

(1) • Occupied Property: In executing an abatement warrant, the person authorized to execute the warrant will, before entry into the occupied premises, make a reasonable effort to present the person's credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property the warrant or a copy thereof upon request.
• A copy of the warrant will be left with the occupant or the person in possession.
• The warrant is not required to be read aloud.

(2) Unoccupied Property: In executing an abatement warrant on unoccupied property, the person authorized to execute the warrant need not inform anyone of the person's authority and purpose, but may promptly enter the designated property if it is at the time unoccupied or not in the possession of any person. In such case a copy of the abatement warrant shall be conspicuously posted on the property.

(3) Return An abatement warrant must be executed within 14 working days of its issue and returned to the Justice Court by whom it was issued within 14 working days from its date of execution. After the expiration of the time prescribed by this subsection, the warrant, unless executed, is void.

(4) If an abatement warrant to secure entry onto the property subject to the notice of violation has been obtained, no property owner, occupier, or other person in charge of the property, will refuse, fail or neglect, after proper request, to promptly permit entry by authorized persons to abate the violation(s). It will be unlawful for any property owner, occupier, or other person in charge of the property to refuse to permit entry by authorized persons to abate the violations for which an abatement warrant has been obtained. Violation of this subsection is a Class B Violation.

(F) The Community Development Director or designee will have the final authority to decide whether or not to enter onto property to abate a violation in each particular case.

(G) Joint Responsibility. If more than one person is a person in charge of the property, they will be jointly and severally liable for abating the nuisance or for the costs incurred by the County in abating the nuisance.

(A) The property owner and all persons in charge of the property will be jointly and severally liable for all costs associated with the abatement of a nuisance or violation, including administrative costs, warrant costs, and attorney fees.

(B) The Community Development Director or designee will keep an accurate record of the expense incurred by the County for abatements. After the violations have been determined by the County to be corrected, the Community Development Director or designee will mail to the owner and persons in charge of the property an Abatement Costs Notice which includes:

(1) The total costs of abatement

(2) Notification that the costs of abatement shall become a lien against the property AND

(3) Notification that if the owner objects to the Abatement Cost Notice:

(a) The owner may request a quasi-judicial hearing with the Hearings Officer by delivering to the County a written protest and request for a hearing within thirty (30) calendar days from the date of the notification to the owner was mailed.

(b) If a written protest and request for a hearing was not submitted for a quasi-judicial hearing with the Hearings Officer within thirty (30) calendar days from the date the notification to the owner was mailed, then a written protest and request for a hearing before the County Administrator or designee may be submitted up to six (6) months after the date the notification was mailed to the owner. The decision of the County Administrator or designee is final.

(C) Collection and Abatement Costs.

(1) The costs listed in the Abatement Costs Notice will be delinquent if not paid within thirty (30) days from later of the date of the notice or from the date on which the County Administrator or designee makes a final decision on a protest.

(2) If the abatement costs arc delinquent, the amount due may accrue interest at 10% per annum.

(3) The abatement costs will be entered in the docket of county liens with the County Clerk, and will constitute a lien upon the property that was in violation of the county code. In addition, the Abatement Costs Notice will constitute a personal obligation of the owner and persons in charge of the property. The County may seek a money judgment against the owner and/or persons in charge of the property through the Justice Court.

(a) The lien may be enforced in the same manner as liens for assessments for local improvement districts. Failure to pay may result in foreclosure in any manner provided by law.

(b) An error in the name of the owner will not void the lien, nor will a failure to receive the notice render the lien void, but it will remain a valid lien against the property.

(4) The Community Development Director or designee will have the final authority to decide what form of remedy the County will pursue for collecting abatement costs.

(A) Notice by Sheriff.

(1) Within 15 days of the posting and mailing of the notice, the owner will notify the Sheriff or designee in writing of the actions that owner intends to take to abate the nuisance

(2) Within 60 days of the posting and mailing of the notice, the owner will abate the nuisance or show good cause to the Sheriff or designee why the owner cannot abate the nuisance within that time.

(3) If the owner doesn't comply with paragraphs (A) or (B):
•the Sheriff or designee may refer the matter to the County Administrator or designee for a hearing.
•The Community Development Director or designee will give notice of the hearing to the owner and occupants, if different from the owner.
•At the time set for hearing the owner and occupants may appear and be heard by the County Administrator or designee.
•The County Administrator or designee will determine whether the property is habitual nuisance property and whether the owner has complied with paragraphs (1) and (2).

(B) Remedies by County Administrator.

(1) In the event the County Administrator or designee determines that property is a habitual nuisance property and the owner has failed to comply with paragraph (1), the County Administrator or designee may order that the nuisance be abated. The order may include conditions under which abatement is to occur. The County Administrator or designee may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint in a court of competent jurisdiction which may include seeking closure of the property.

(2) If the person in charge of the property disagrees with the final determination of the County Administrator or designee, that person may appeal that determination to the County Hearings Officer by filing a written statement within ten (10) calendar days of the County Administrator's or designee's final determination specifying the basis for the appeal and paying applicable appeal fees or deposits per the Community Development Department's Fee Schedule.

(3) The Hearings Officer will either affirm, overturn or modify the County Administrator's or designee's decision. The decision of the Hearings Officer will be the final action of the County.

(4) The remedies in this section are in addition to those otherwise provided by law.

(C) Assessment of Costs for Habitual Nuisance Property.

(1) The Community Development Director or designee, by registered or certified mail, postage prepaid, will send to the owner and the person in charge of property a notice stating:

(a) The total cost of abatement, including the administrative overhead.

(b) That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice.

(c) That if the owner or person responsible objects to the cost of the abatement as indicated, a notice of objection may be filed with the Community Development Director or designee no more than 10 days from the date of the notice.

(2) On the expiration of 10 days after the date of the notice, the Community Development Director or designee will hear and make a decision on the objections to the costs assessed.

(3) If the costs of the abatement are not paid within 30 days from the date of the notice, the assessment of the costs will be entered in the docket of the county liens with the County Clerk. When the entry is made it shall constitute a lien on the property from which the nuisance was removed or abated.

(4) The lien will be enforced in the same manner as liens for improvement districts and/or street improvements are enforced and interest will begin to run from the date of entry of the lien in the lien docket

(5) The County will use all reasonable means to provide notice of the assessment to the person responsible. However, an error in the name of the owner or person responsible will not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it will remain a valid lien against the property.

(A) In addition to any designation within the Deschutes County Code, the County Administrator is authorized to 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 paragraph (C) 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 will be entered in the court record.

(E) If an 153.045 uniform violation citation form is not used, then a complaint under paragraph (B) will contain a statement that the complainant will certify, under the penalties provided in 1.16.090 (penalty for false information on noise or animal control violation), 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 1.16.090 (penalty for false information on noise or animal control violation) will be deemed equivalent to a sworn complaint.

(G) When the complaint is certified by a private person, the court will have the summons to be delivered to the defendant. The court may require the County Sheriff's Office to serve the summons as provided in 153.535(1) (Delivery of summons for certain traffic offenses).

Each day that a nuisance continues to exist constitutes a separate violation and a separate penalty may be assessed for each day the violation continues.

(A) When a violation is of a continuing nature, a separately punishable violation occurs on each calendar day the violation continues.

(B) The complaint for a continuing violation will clearly state the following:

(1) The ongoing or uninterrupted nature of the violation

(2) The date the violation is alleged to have first occurred

(3) The dates or range of dates of each day of the continuing or uninterrupted violation AND

(4) The amount of the fine for each day's violation.

•Any property within the unincorporated County which becomes habitual nuisance property as defined in this subsection or elsewhere in county code or as declared by the Deschutes County Sheriff or designee, is in violation of this chapter and subject to its remedies.
•Any person who permits property under his or her ownership or control to be a habitual nuisance property will be in violation of this chapter and subject to its remedies.
•No person will allow a residential dwelling to become a habitual nuisance property.

(A) A Habitual Nuisance Property means property upon which three (3) or more incidents of any of the below listed behaviors occur, or whose employees, residents, owners or occupants engage in three (3) or more incidents of any of the below listed behaviors within 50 feet of the property, during any 30 day period as a result of three (3) or more separate and documented incidents. ("Incidents" are defined as any citation, report, arrest, and/or conviction.)

(1) 166.065

(2) 166.155

(3) 166.025

(4) Discharge of a firearm as defined in DCC (9.08.030 (discharge of firearms prohibited))

(5) Noise disturbance as defined in DCC (8.08.070 (acts prohibited))

(6) 471.430

(7) •163.160
•163.165
•166.175
•166.185

(8) •163.415
•163.427
•[Note 163.425 is for some reason omitted from this ordinance]

(9) 163.465

(10) •164.245
•164.255
•165.265

(11) •164.345
•164.354
•164.365

(12) 163.535 163.537 163.545 163.547 163.670 163.684 163.686 163.687 163.688 163.689 163.693 163.688

(13) Possession of a Controlled Substance as defined in 475.752

(14) Delivery of a controlled substance

(15) Manufacture of a controlled substance

(16) 167.222

Abatement Procedure for Habitual Nuisance Property:

(A) When the Sheriff or designee believes in good faith that property within the unincorporated County has become habitual nuisance property, the Sheriff or designee will notify the owner and the occupant, if known, in writing that the property has been determined to be habitual nuisance property. The notice will contain the following information:

(1) The street address or description sufficient for identification of the property.

(2) That the Sheriff or designee has found the property to be habitual nuisance property with a concise description of the conditions leading to his/her findings.

(3) A direction to notify the Sheriff or designee in writing within 15 days from the date of mailing the notice of the actions the owner intends to take to abate the nuisance.

(4) A direction to abate the nuisance, or show good cause to the Sheriff or designee why the owner cannot abate the nuisance, within 60 days from the date of mailing the notice.

(5) That if the nuisance is not abated and good cause for failure to abate is not shown, the Community Development Director or designee may order abatement, with appropriate conditions. The Community Development Director or designee may also employ any other remedy deemed by him/her to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint in a court of competent jurisdiction which may include seeking closure of the property.

(6) That the owner may be required to pay to the County a civil penalty for each day the nuisance continues after the Community Development Director or designee orders abatement.

(7) That the above remedies are in addition to those otherwise provided by law.

(B) Service of the notice is completed upon mailing the notice first class, postage prepaid, addressed to:

(1) The owner at the address of the property believed to be a habitual nuisance property, and to such other address as shown on the tax rolls of the county in which the property is located or such other place which is believed to give the owner actual notice of the determination by the Sheriff or designee.

(2) A copy of the notice will be served on occupants of the property, if different from the owner. Service will be completed upon mailing the notice by registered or certified mail, postage prepaid, addressed to "occupant" or each unit of the property believed to be a habitual nuisance property.

(3) The failure of any person or owner to receive actual notice of the determination by the Sheriff or designee will not invalidate or otherwise affect the proceedings under this chapter.

(A) If the Community Development Director or designee is satisfied that a public nuisance exists, they will cause a Notice of Abatement to be posted on the premises, or at the site of the nuisance, directing the person or persons in charge of the property to abate the nuisance.

(B) At the time of posting, the Community Development Director or designee will cause a copy of the Notice of Abatement to be forwarded by registered or certified mail, postage prepaid, to the person or persons in charge of the property and the owner of the property, if different than the person in charge of property, (or registered agent) at the last known address of such person(s) as shown on the Deschutes County tax rolls

(C) If the property is unimproved, the Community Development Director or designee will cause a Notice of Abatement to be sent by registered or certified mail, postage prepaid, to the person or persons in charge of the property and the owner of the property, if different than the person in charge of property (or registered agent), at the last known address of such person(s) as shown on the Deschutes County tax rolls

(D) If the registered/certified Notice of Abatement is returned as undeliverable or is unclaimed by the property owner, nothing will preclude the County from exercising its option to abate the nuisance as specified in 1.16.140 (abatement). The Notice of Abatement to abate will contain:

(1) A description of the real property, by street address or otherwise, on which the nuisance exists.

(2) A direction to abate the nuisance within 10 days from the date of notice.

(3) A description of the nuisance.

(4) A statement that unless the nuisance is removed, the County may abate the nuisance and the full cost of abatement including administrative charges will be charged to the person responsible and will become a lien on the property.

(5) A statement that failure to abate a nuisance may warrant imposition of a fine or administrative penalty upon the person responsible for the nuisance. The fine or administrative penalty may be issued at any time there is a violation of this code.

(6) A statement that the person responsible may protest the order to abate by giving written notice to the Community Development Director or designee within 10 days from the date of the notice, together with a written statement as to why a nuisance should not be declared.

(E) If the person in charge of the property is not the owner, an additional Notice of Abatement will be sent to the owner at the time of posting of the Notice of Abatement stating that the cost of abatement not paid by the person responsible will be assessed to and become a lien on the property. The notice to the owner will be sent to his or her address as last shown on the Deschutes County tax rolls.

(F) On completion of the posting and mailing, the persons posting and mailing will execute and file with the Community Development Director or designee certificates stating the date and place of the mailing and posting.

(G) The County will use all reasonable means to provide notice to the person responsible. Failure to provide actual notice to the person responsible shall not void the procedure to abate the nuisance, however

(A) Any person or person who's found to be an owner and/or a person in charge of property for a nuisance, or otherwise guilty of a violation of any of the provisions of the County Code shall be subject to the penalty provisions set forth herein.

(B) All persons responsible shall be liable for any injuries resulting from a violation of the County Code.

(C) Any violations of this Section 1.16 shall be deemed a Class B Civil Infraction.

Anyone who, in connection with the issuance of a complaint for a noise or animal control violation as defined in DCC 8.08 or DCC 6.08 respectively, knowingly certifies falsely in the matters set forth therein, commits a Class A violation.

(A) Any person, whether acting as principal, agent or employee, whose interest is or may be affected by any violation of a Deschutes County ordinance may, in addition to the other remedies provided by law, file an violation complaint in the following manner:

(1) The private citizen will prepare and present the violation complaint to the appropriate enforcement officer.

(2) If the enforcement officer fails to act upon the violation complaint within 30 days, the citizen may submit the violation complaint to County Legal.

(3) County Legal will investigate the alleged violation of a county ordinance and, after consultation with the appropriate department head, will either

(a) Have the violation complaint served and prosecute OR

(b) Decline to have the violation complaint served or to prosecute.

(4) County Legal will notify the private citizen of said action within ten (10) days from the date the violation complaint is presented to legal counsel.

(5) The private citizen, following notice by County Legal of County Legal's decision not to prosecute, may, within 60 days of such notice, bring an action under the authority granted by this statute, in the citizen's name against the alleged violator in the same manner and form as provided by a civil violation complaint.

(6) Should the private citizen prevail against the violator, any fine imposed and special costs will be awarded to the plaintiff private citizen.

(B) A decision by County Legal not to prosecute a zoning ordinance violation will not be considered a land use decision.

The abatement of a nuisance is not a penalty for violating the nuisance provisions of DCC, but is an additional remedy. The imposition of a civil infraction fine or administrative penalty does not relieve a person of the duty to abate the nuisance.

(A) For habitual nuisance property, a nuisance continues to exist if there is any further single occurrence of a behavior listed in the definitions of habitual nuisance property upon the property or by any employee, resident, owner or occupant within 50 feet of the property.

(B) The abatement of a nuisance is not a penalty for violating this ordinance, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance; however, abatement of a nuisance within ten (10) days of the date of notice to abate, or if a written protest has been filed, then abatement within ten (10) days of the Community Development Director's or designee's determination that a nuisance exists will relieve the person responsible from the imposition of any or administrative penalty under these code provisions.

After a stop work or use tag is posted, anyone continuing work or use commits a separate violation. Violation of a stop work or use notice constitutes a Class A violation.

(A) All of the offenses in the Deschutes County Code are strict liability offenses and don't require the proof of any culpable mental state unless the code provision defining the offense expressly provides that culpability is required.

(B) It's no defense to prosecution under any provision in this code that the actor was not the person who actually created, moved, caused, or maintained the unlawful condition or use.

(C) A person is liable for prosecution under any provision of this code if the person:

(1) Created, moved, caused, or maintained an unlawful condition or use

(2) Aided or abetted another person in creating, moving, causing, or maintaining an unlawful condition or use

(3) Is in actual or constructive possession of premises on which an unlawful condition or use or is found OR

(4) Has any ownership or possessory interest, other than a security interest, in premises on which an unlawful condition or use is found.

The procedure(s) provided by this chapter are not exclusive, but are in addition to procedures provided by other sections of DCC. The Community Development Director or designee may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers health or property. The cost of the summary abatement will be paid by the property owner and will be a lien on the property where the nuisance was abated.