•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.