(A) It is a violation of this chapter to be the owner of land designated to be within an unprotected wildland who fails to meet the applicable standards established under this chapter.

(B) The owner or operator of land designated to be within an unprotected wildland is liable to the County for the costs of suppressing a fire that occurs on the owner's land if:

(1) The owner has failed to meet the applicable minimum standards established under this chapter

(2) The fire originates on the owner's land

(3) The ignition or spread of the fire is directly related to the owner's failure to meet the applicable standards established under this chapter AND

(4) The fire requires action by the County pursuant to 8.21.70

(C)• The actual cost incurred by the Forester or the County in controlling or extinguishing the fire will be paid by the owner or occupant within 90 days after the date on which the first written demand for payment of the actual cost is mailed by the Forester to the owner or occupant

• If the actual cost is not paid within such 90-day period, such amount shall bear interest at 10 percent per year from the date on which the first written demand for the payment of the actual costs was mailed by the Forester and the actual cost together with such interest may be recovered from such owner or operator by an action prosecuted in the name of Deschutes County.

(D) An itemized statement of the actual cost incurred by the Forester the County, certified to by the Forester, and will be accepted as prima facie evidence of the actual cost in any proceeding authorized by this section.

(E) The actual cost in cases covered by this ordinance will constitute a general lien upon the real and personal property of such owner or occupant.

A written notice of the lien, containing a description of the property and a statement of the actual cost, will be certified under oath by the Forester and filed in the office of the County Clerk within 12 months after the calendar year within which the fire originated, and may be foreclosed in the manner provided by law for foreclosure of liens for labor and material.

In any proceeding to foreclose a lien created under this paragraph, recovery shall include, in addition to the amount of the actual cost, interest on such amount at the rate of 10 percent per year from the date of the filing of the written notice of the lien.

(F) Upon request of the Forester, County Legal Counsel will prosecute such action or foreclose the lien in the name of Deschutes County. Liens provided for in this ordinance will cease to exist unless suit for foreclosure is instituted within 12 months from the date of filing under paragraph (E).

(G) In any action under paragraph (C) to recover actual cost and in any proceeding to foreclose any lien created by paragraph (E), the court will award, in addition to costs and disbursements, reasonable attorney fees at trial and on appeal to the prevailing party.

(H) The liability of an owner of land under paragraph (B) may not exceed $100,000.