Abatement procedure for habitual nuisance property
DCC > Deschutes County > Code Violations and Enforcement > 1.16.155
(A) Notice by Sheriff.
(1) Within 15 days of the posting and mailing of the notice, the owner will notify the Sheriff or designee in writing of the actions that owner intends to take to abate the nuisance
(2) Within 60 days of the posting and mailing of the notice, the owner will abate the nuisance or show good cause to the Sheriff or designee why the owner cannot abate the nuisance within that time.
(3) If the owner doesn't comply with paragraphs (A) or (B):
•the Sheriff or designee may refer the matter to the County Administrator or designee for a hearing.
•The Community Development Director or designee will give notice of the hearing to the owner and occupants, if different from the owner.
•At the time set for hearing the owner and occupants may appear and be heard by the County Administrator or designee.
•The County Administrator or designee will determine whether the property is habitual nuisance property and whether the owner has complied with paragraphs (1) and (2).
•the Sheriff or designee may refer the matter to the County Administrator or designee for a hearing.
•The Community Development Director or designee will give notice of the hearing to the owner and occupants, if different from the owner.
•At the time set for hearing the owner and occupants may appear and be heard by the County Administrator or designee.
•The County Administrator or designee will determine whether the property is habitual nuisance property and whether the owner has complied with paragraphs (1) and (2).
(B) Remedies by County Administrator.
(1) In the event the County Administrator or designee determines that property is a habitual nuisance property and the owner has failed to comply with paragraph (1), the County Administrator or designee may order that the nuisance be abated. The order may include conditions under which abatement is to occur. The County Administrator or designee may also employ any other remedy deemed by it 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.
(2) If the person in charge of the property disagrees with the final determination of the County Administrator or designee, that person may appeal that determination to the County Hearings Officer by filing a written statement within ten (10) calendar days of the County Administrator's or designee's final determination specifying the basis for the appeal and paying applicable appeal fees or deposits per the Community Development Department's Fee Schedule.
(3) The Hearings Officer will either affirm, overturn or modify the County Administrator's or designee's decision. The decision of the Hearings Officer will be the final action of the County.
(4) The remedies in this section are in addition to those otherwise provided by law.
(C) Assessment of Costs for Habitual Nuisance Property.
(1) The Community Development Director or designee, by registered or certified mail, postage prepaid, will send to the owner and the person in charge of property a notice stating:
(a) The total cost of abatement, including the administrative overhead.
(b) That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice.
(c) That if the owner or person responsible objects to the cost of the abatement as indicated, a notice of objection may be filed with the Community Development Director or designee no more than 10 days from the date of the notice.
(2) On the expiration of 10 days after the date of the notice, the Community Development Director or designee will hear and make a decision on the objections to the costs assessed.
(3) If the costs of the abatement are not paid within 30 days from the date of the notice, the assessment of the costs will be entered in the docket of the county liens with the County Clerk. When the entry is made it shall constitute a lien on the property from which the nuisance was removed or abated.
(4) The lien will be enforced in the same manner as liens for improvement districts and/or street improvements are enforced and interest will begin to run from the date of entry of the lien in the lien docket
(5) The County will use all reasonable means to provide notice of the assessment to the person responsible. However, an error in the name of the owner or person responsible will not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it will remain a valid lien against the property.
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