(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.