(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.