Notice of public nuisance and abatement procedure
DCC > Deschutes County > Code Violations and Enforcement > 1.16.130
(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
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