Abatement cost, notice, and collection
DCC > Deschutes County > Code Violations and Enforcement > 1.16.145
(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.
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