Union County Unincorporated
City Zoning Code

BE IT REMEMBERED, that at a regular term of the Board of Commissioners of the State of Oregon, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the City of LaGrande, in said County and State, on Wednesday of said month and the time fixed by law for holding a regular term of said Commission, when were present:

WHEN, on Wednesday, the 16th day of May, 2001, among others the following proceedings were had to-wit:

WHEREAS, the purpose of this Ordinance is to grant authorization to review, accept, and/or deny applications for permits for work in the right-of-way and county approach roads.

NOW THEREFORE be it ordained by the Board of Commissioners, County of Union, State of Oregon:

1.

Activities Requiring a Permit. No person shall install any utilities, or do any work or initiate any construction in Union County right-of-way without first providing the County notice of intent to perform the work at least two working days prior thereto and obtaining a permit as required.

2.

Permit Requirements. Permit applications for work in the right-of-way and County approach roads are available at the Union County Public Works Department.

3.

Permit Fees and Charges. There shall be a fee of $40 per application. This fee can be changed by a Resolution from the Board of Commissioners.

4.

Authority. Authorization and approval of permit applications shall be obtained from the Union County Public Works Director and/or his designee.

5.

Right of Review. Any applicant shall have the right of review of the Public Works Director's or designee's decision on all work in the right-of-way permit applications and county approach road applications by taking his/her application before the Union County Board of Commissioners. The request for the Board of Commissioner's review of the application shall be made in writing to the Commissioners no later than 30 days after the applicant receives notice of the denial of the application by the Union County Public Works Department. The Union County Board of Commissioners shall schedule a hearing on the matter within 60 days of receipt of the written notice from the applicant. The Board of Commissioners shall issue its decision at the hearing. Extensions and postponements may be granted at the discretion of the Board of Commissioners.

6.

Emergency Clause. Inasmuch as it is essential for the preservation of the public health, welfare, peace, and safety of the citizens of Union County that this Ordinance be effective immediately upon its enactment, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its adoption and approval by the Union County Board of Commissioners.

PASSED AND ADOPTED this 16th day of May, 2001, by a vote of the following members of the Union County Board of Commissioners voting therefore.

BE IT REMEMBERED, that at a regular term of the Board of Commissioners of the State of Oregon, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the City of La Grande, in said County and State, on Wednesday of said month and the time fixed by law for holding a regular term of said Commissioner, when were present:

WHEN, on Wednesday, the 20 ^th day of January, 2010, among others the following proceedings were had to wit:

WHEREAS, there is a need for a Union County Ordinance adopting rules for conducting administrative hearings with regard to public health inspections; and

WHEREAS, Union County, as the Local Public Health Authority, must comply with rules for conducting administrative hearings in accordance with the requirement of ORS 183;

THE COUNTY OF UNION ORDAINS AS FOLLOWS:

Section 1. RULES OF PROCEDURE. The Rules of Procedure provided in the Administrative Procedures Act, ORS Ch. 183, are hereby adopted and approved for use in all hearings pursuant to the following Delegations of Authority, Responsibilities and Functions by the State Health Division.

Section 2. TOURIST FACILITIES. Union County hereby adopts ORS Ch. 446, together with subsequent amendments, as it relates to the delegation of responsibilities of the Assistant Director for Health regarding Tourist Facilities, pursuant to ORS 446.425.

Section 3. SWIMMING POOLS AND SPAS. Union County hereby adopts ORS Ch. 448, together with subsequent amendments, as it relates to the delegation of responsibilities of the Assistant Director for Health regarding Swimming Facilities, pursuant to ORS 448.100 with the exception of plan review duties for swimming pools and spas.

Section 4. FOOD SERVICE FACILITIES. Union County hereby adopts ORS Ch. 624, together with subsequent amendments, as it relates to the delegation of responsibilities of the Assistant Director for Health regarding Restaurants and Bed & Breakfast Facilities, pursuant to ORS 624.510.

Section 5. OREGON ADMINISTRATIVE RULES. Union County hereby adopts OAR 333-12-050, 333-12-055, 333-12-060, 333-12-065, together with subsequent amendments, as it relates to the delegation of responsibilities of the Assistant Director for Health as described in this division.

Section 6. EFFECTIVE DATE OF DELEGATION. The delegation of duties as described in this division shall be effective on the date as mutually agreed by the State and County or such other date as determined by the Union County Board of Commissioners.

Section 7. ENFORCEMENT. Any state laws or administrative rules and any county ordinance or county rules relating to public health inspections and the delegation of authority to Union County, including but not limited to this Ordinance and any rules adopted by the County pursuant to this Ordinance, shall be enforceable by any applicable enforcement provisions provided by state law or administrative rule.

First Reading & Public Hearing held January 20, 2010.

PASSED AND ADOPTED this 3^rd day of February, 2010.

ATTEST:

BE IT REMEMBERED, that at a regular term of the Board of Commissioners of the State of Oregon, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the City of La Grande, in said County and State, on Wednesday of said month and the time fixed by law for holding a regular term of said Commission, when were present:

WHEN, on Wednesday the 15^th day of June, 2011, among others the following proceedings were had to wit:

1.

Short Title.

The provisions of this ordinance and all rules adopted under this ordinance may be cited as Union County's Bison Control Ordinance.

2.

Bison at Large.

A.

No person owning or having the custody, possession or control of a bison shall permit the animal to run at large or to be herded, pastured or to go upon the land of another without prior permission.

B.

This section is not intended to prohibit a person from transporting bison along a public road.

C.

A Bison at Large shall constitute an imminent danger to persons and property sufficient to warrant summary abatement pursuant to this ordinance.

3.

Fencing for Bison.

A.

Any person who keeps or maintains bison shall maintain adequate fencing sufficient to contain the bison.

B.

Adequate fencing shall be a continuous barrier installed and maintained in a condition so as to form a continuous guard and defense against the ingress and egress of bison into or from the lands enclosed by the barrier.

C.

Establishment of adequate fencing shall not be a defense to a violation of Bison at Large as set forth in this ordinance.

4.

Liability for Bison at Large. A person shall be liable to the owner or lawful possessor of land if the person permits a bison to run at large upon such land.

5.

Penalties. Violation of any provision of this ordinance shall constitute a violation subject to a fine of $300 for the first violation and $500 for subsequent violations.

6.

Summary Abatement.

A.

Union County Sheriffs personnel may proceed summarily to abate a bison at large. Such abatement may include seizure of the bison or, if in the judgment of Union County Sheriffs personnel, seizure cannot be safely made or an imminent danger to human life exists, the bison may be immediately destroyed.

B.

A person responsible for the bison at large shall pay the cost of abatement, including but not limited to the costs of storing, feeding and/or maintaining the bison incurred by the County, and their real property shall be subject to an assessment and placement of a lien.

C.

Notwithstanding the procedures for abatement set forth in this ordinance, a bison, found to be running at large, may be immediately seized and removed by a representative of the County without prior notice to the owner of the bison.

D.

The Union County Sheriffs office shall send written notice of the seizure and removal or destruction of the bison to one or more of the following persons:

1.

the person believed to be the owner or otherwise lawfully entitled to possession of the bison seized if known; or

2.

the owner of the real property adjacent to the location of bison at large at the time of seizure as determined by the records of Union County Recorder's Office.

E.

The notice shall contain the following:

1.

notice the bison has been seized or destroyed;

2.

location of the bison at the time of seizure;

3.

date and time of day of seizure;

4.

a citation of the specific ordinance section violated;

5.

location where the bison is stored;

6.

summary of the rights to reclaim the property;

7.

the right to request a hearing;

8.

date of mailing of the notice; and

9.

any applicable charges imposed pursuant to this ordinance.

F.

A hearing may be requested within ten days of mailing of the notice. The hearing shall be before the Justice Court as if a uniform complaint and citation had been issued. Nothing in this section is intended to limit the Union County Sheriffs power to cause a uniform complaint and citation to be issued.

G.

The hearing shall be limited to determination of the propriety of the seizure. Actual notice of the seizure is a waiver of the requirement of written notice.

7.

Fencing Notice.

A.

If Union County Sheriffs personnel are satisfied that a violation of the fencing requirements of this ordinance exists, notice shall be posted on the bison owner's premises directing the person responsible to bring the fencing into compliance.

B.

At the time of posting, a copy of the notice shall be mailed by first class mail to the person responsible at the person's last known address.

C.

The notice shall contain:

1.

a description of the real property by street address or otherwise, on which the bison is kept;

2.

a direction to comply with the fencing requirements of this ordinance within ten days from the date of posting;

3.

a statement that, unless the fencing complies with this ordinance, the County may remove the bison from the property and the cost of removal, maintenance, and storage of the bison shall be charged to the person responsible or assessed against the property, or both;

4.

a statement that the person responsible may protest the order to bring fencing into compliance by giving written notice to the Union County Sheriffs Department within ten days from the date of posting;

5.

a statement that failure to bring the relevant fencing into compliance may result in seizure of the bison by the County and/or the issuance of a uniform complaint and citation;

6.

if the person responsible is not the owner, an additional notice shall be sent to the owner, stating that all or part of the seizure and storage costs not paid by the person responsible will be assessed to and become a lien on the owner's real property.

D.

On completion of the posting and mailing, the persons posting and mailing shall execute certificates stating the date and place of the mailing and posting.

E.

An error in the notice mailed shall not make the notice void and in such a case the posted notice shall be sufficient.

8.

Fencing Compliance by a Person Responsible.

A.

Within ten days after the posting and mailing of the fencing notice as provided herein, a person responsible shall bring or show substantial steps towards completion of compliant fencing or show that no violation of this ordinance exists.

B.

A person responsible, protesting that no violation exists, shall, within ten days after posting, file with the Union County Sheriffs Office a written statement specifying the basis for protesting. The County shall give the person responsible who files a written protest notice of the date and time when the Commission will consider the protest. The notice from the County shall be mailed by regular mail at least ten days prior to the Commission hearing. The failure to file a written statement waives any objection that the person may have to the finding that a violation exists or to the abatement of the bison by the County.

C.

The statement shall be referred to the Commission as part of the Commission's regular agenda at its next succeeding meeting or at such time as may be convenient. At the time set for the public hearing the Commission will hear the matter de novo and may consider any material it deems relevant and probative. The Commission shall allow argument by a person responsible or their legal representative and by a County representative. The Commission, after hearing the matter, may determine that no violation exists, determine that a violation exists and order compliance within a reasonable time or seizure of the bison until compliance is met, impose conditions on the person responsible, or delay the time for compliance. The Commission shall make written findings in support of its decision when a violation is determined to exist, and its decision shall be final. Commission determination shall be required only in those cases where a written statement has been filed as provided.

D.

If the Commission determines that a violation does in fact exist, a person responsible shall bring the fencing into compliance within ten days after the Commission's determination, unless the Commission has delayed the time pursuant to subsection C.

9.

Fencing Enforcement by the County.

A.

If the fencing violation has not been corrected by a person responsible within the time allowed, the County may:

1.

Seize the bison and/or cause them to be kept at an appropriate facility.

2.

Take reasonable action to bring the fencing into compliance with this ordinance.

B.

Union County Sheriff's personnel charged with abatement of the violation shall have the right at reasonable times to enter into or upon property in accordance with law to investigate or abate the violation.

C.

Any costs incurred by the County under this subsection including but not limited to the cost of removal, maintenance, and storage of the bison, labor and supplies necessary to bring a fence into compliance, and or legal fees and costs incurred shall be charged to the person responsible or assessed against the property, or both;

10.

Emergency Adoption.

An emergency is hereby declared to make this ordinance immediately effective upon passage.

PASSED AND ADOPTED this 15^th day of June, 2011.

BE IT REMEMBERED, that at a regular term of the Board of Commissioners of the State of Oregon, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the City of La Grande, in said County and State, on Wednesday of said month and the time fixed by law for holding a regular term of said Commissioner, when were present:

WHEN, on WEDNESDAY, the 2 day of May, 2018, among others the following proceedings were had to-wit:

WHEREAS, the Union County Board of Commissioners have determined that those lands which are outside of city limits are particularly exposed to increased fire danger during the annual fire season each year which could cause substantial damage to property and/or loss of human life. In order to minimize this threat to property and human life, it is necessary to regulate open burning and use of incinerators and burn barrels outside of city limits. This ordinance repeals and replaces ordinance number 1991-19 and 2016-1.

NOW THEREFORE, it is HEREBY ADOPTED by the Union County Board of Commissioners an ordinance regulating the use of incinerators, burn barrels, improved fire pits, fire appliances, and prohibiting burning other than regulated agricultural field burning during certain times.

1.

Burn Permits Required: A burn permit is required for all open burning at all times outside city limits. The use of burn barrels, improved fire pits and fire appliances are allowed without a permit outside of fire season, but must meet the siting requirements listed in subsection 2.

2.

Fire Season: Regulated fire season shall be in effect from July 1 to September 30 of each year. Fire Season may begin earlier or extended based on conditions and at the recommendation of the Union County Fire Defense Board followed by approval of the Union County Board of Commissioners.

A.

Open Burning Ban: During regulated fire season, no open burning shall be allowed on all public and private lands within rural fire protection districts and outside of city limits and on all other public and private lands in Union County. This provision shall not prohibit regulated agricultural field burning, or the use of gas or pellet barbecues at residences.

B.

The use of incinerators and burn barrels for the burning of trash within the described lands shall be allowed between the hours of 6:00 a.m. and 10:00 a.m. Burn barrel use must comply with the following conditions:

a.

Barrels must be located in an area free of burnable materials within a 10 foot radius around the base of the burn barrel.

b.

Burn barrels shall not be within 25 feet of any structure.

c.

Burn barrels shall be in good condition and equipped with a heavy metal screen on top (minimum 14 gauge wire mesh, one-fourth inch or smaller openings in order to prevent sparks from escaping and igniting nearby vegetation).

d.

Burn barrel fires shall be attended at all times by responsible person(s).

e.

Burning on windy days, where burning material will be transported beyond the cleared area is prohibited.

f.

Said responsible persons shall have on site and readily available for use a shovel and water sufficient to suppress accidental ignitions.

g.

In areas under the protection of the Oregon Department of Forestry (ODF) including areas of "dual protection" ODF burn permit requirements apply.

C.

The use of improved fire pits and fire appliances (defined as gas fire places, metal or stone chimeneas, charcoal barbeques and commercial fire pits or similar products) are allowed during fire season by the land owner or their agent under the following conditions:

a.

Improved Fire Pits: Recreational fires are allowed only in rock-lined fire pits surrounded by dirt, rock, or commercial rings. Combustible material shall be removed a minimum of three feet beyond the fire ring.

b.

All manufactures suggestions, instructions and safety precautions are taken to ensure the fire appliance is in good working order and operates per manufacturer's specifications.

c.

Clean dry fuel in the fire pit or fire appliance should be used in order to ensure complete combustion.

d.

Fires shall be attended at all times by responsible person(s).

e.

A 10-foot fire break must be in place.

f.

Fire shall be fully extinguished prior to leaving.

g.

Follow Oregon Department of Forestry permit requirements in areas where they have dual protection responsibility.

3.

Burn Ban/Regulated Use: If extreme fire danger exists, and at the recommendation of the Union County Fire Defense Board, the Board of Commissioners may ban all fires outside incorporated cities. Under a Complete Burn Ban, no fires of any kind are allowed except regulated agricultural field burning and gas or pellet barbeques. Gas and pellet barbeques must follow the above fire appliance requirements.

A.

Special Event Permit: At the discretion of the affected District Fire Chief, and/or affected fire protection agencies (ODF or USFS), a special use permit for a fire within Regulated Fire Season or Burn Ban may be issued. Land under dual protection, must be approved by all affected agencies. Permits shall be issued in writing by the Fire Chief or affected agency administrator and may contain mitigation measures or conditions of approval, e.g., the permit may necessitate the presence of firefighting apparatus.

Any person violating the provisions of this ordinance shall be guilty of a Class A Violation punishable by a maximum fine of $2,000.00.

First Reading Date:   4-18-18 

Second Reading Date:  5-2-18 

Approved this 2^nd day of May, 2018.

BE IT REMEMBERED, that at a regular term of the Board of Commissioners of the State of Oregon, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the City of La Grande, in said County and State, when were present:

WHEN, on Wednesday the 26th day of June, 2019, among others the following proceedings were had to wit:

WHEREAS, the Board of Commissioners for Union County desires to adopt an ordinance authorizing the operation of all-terrain vehicles on certain roadways; and

WHEREAS, the Union County Board of Commissioners has determined that it is necessary to impose certain restrictions on the operation of all-terrain vehicles on such County Roads for the purpose of protecting the interests and safety of the general public.

NOW THEREFORE, THE UNION COUNTY BOARD OF COMMISSIONERS ORDAINS AS FOLLOWS:

ARTICLE 1
TITLE AND SCOPE

Section 1.01 Title
This ordinance shall be known as UNION COUNTY ATV ORDINANCE.

Section 1.02 Purpose
The purpose of this Ordinance is to authorize the operation of all-terrain vehicles on roadways within Union County subject to the terms, provisions, rights and responsibilities as set forth in this Ordinance.

DEFINITIONS

Section 1.04 Definitions
For the purposes of this chapter, the following definitions apply:

All-Terrain Vehicle(s) (ATVs): Class I ATVs, Class II ATVs, Class Ill ATVs, and/or Class IV ATVs.

ATV Operator Permit: the ATV Safety Education Card issued upon completion of an Oregon Parks and Recreation Department approved ATV Safety Education course and passage of the minimum standards test of ATV Safety Education competency as established by the Oregon Parks and Recreation Department as set forth in OAR 736-004-0015(10).

ATV Permit: An ATV permit issued by the Oregon State Parks Department or an ATV/OHV operating permit issued in another state if the issuing state also honors an Oregon ATV operating permit.

Class I ATVs: as defined in ORS 801.190 is a motorized, off-highway recreational vehicle 50 inches or less in width with a dry weight of 1200 pounds or less that travels on three or more low pressure tires, has a saddle or seat for the operator and is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain. Most riders refer to a Class I All-Terrain Vehicle as an ATV or quad.

Class II ATVs: as defined by ORS 801.193 is any motor vehicle that (a) weighs more than or is wider than a Class I All-Terrain Vehicle, (b) is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain, (c) is not a Class IV All-Terrain Vehicle, and (d) is street-legal, is registered under ORS 803.420, and has a roof or roll bar. Class II All-Terrain Vehicles may also be known as four-by-fours, pickups jeeps, sand rails, dune buggies, and SUVs.

Class III ATVs: as defined in ORS 801.194(1) Most riders refer to a Class Ill All-Terrain Vehicle as a dirt bike.

Class IV ATVs: as defined in ORS 801.194(2) is 65 inches wide or less at its widest point, has a dry weight of 1,800 pounds or less, has non-straddle seating, has a steering wheel for steering control, travels on four or more pneumatic tires that are six inches or more in width and has wheels with a rim diameter 14" or less.

Driver License: has the meaning given that term under ORS 801.245.

Motorcycle Helmet: has the meaning given that term under ORS 801.366. ORS 801.366 defines a Motorcycle Helmet as a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell and a chin-strap type retention system with a sticker indicating that the motorcycle helmet meets standards established by the United States Department of Transportation.

Traffic Law(s): means any and all Oregon statutes and regulations relating in any way to the operation or use of motorized vehicles, including, without limitation, the Oregon Vehicle Code (ORS Chapters 801 to 826) and any regulations or administrative rules promulgated thereunder.

GENERAL PROHIBITIONS

Section 1.05. General Prohibitions

A.

Operation of All-Terrain Vehicles on Authorized County Roadways. Subject to the provisions of this Ordinance, ATVs may be operated on Roadways subject to the conditions and restrictions set forth under ORS 821.200. ATVs are prohibited from operating under this Ordinance on, U.S. Highway 30, Oregon State Highway 82, Oregon State Highway 203, Oregon State Highway 237, Oregon State Highway 204, and Oregon State Highway 244, as located within Union County, except that a person may, while operating an ATV, cross the above highways to the extent permitted under applicable Oregon law, including, without limitation, ORS 821.200(1).

B.

Regulations for Operation of All-Terrain Vehicles. All-Terrain Vehicles operating under this Ordinance must be operated in compliance with all applicable federal, state, and local laws, regulations, and ordinances, including, without limitation, all applicable Traffic Law requirements (including, without limitations, ORS 811.255) and all posted speed limits.

C.

Licensed Driver 16 Years of Age or Older Required. A person operating an ATV under this Ordinance must be 16 years of age or older and hold a valid Driver's License. Licensed drivers must comply with all license restrictions.

D.

All-Terrain Vehicle Operator Permit Required. A person operating a Class I All-Terrain Vehicle under this Ordinance must hold a valid Class I ATV Operator Permit issued under ORS 390.570. A person operating a Class IV All-Terrain Vehicle under this Ordinance must hold a valid Class IV ATV Operator Permit issued under ORS 390.575

E.

All-Terrain Vehicle Permit. All-Terrain Vehicles operating under this ordinance must display a valid ATV permit.

F.

Safety Equipment Requirements. All-Terrain Vehicles operated under this Ordinance must be equipped with the safety equipment required under all applicable Traffic Laws, including, without limitation, ORS 821.030, ORS 821.040, ORS 821.220, ORS 821.230, and OAR 735-116-0000.

G.

Helmet Requirements.

a.

A person who is under 18 years of age must wear a Motorcycle Helmet with a fastened chin strap while operating, or riding as a passenger on a Class II or Class IV ATV operated under this Ordinance.

b.

Any person operating a Class I or Class Ill ATV under this Ordinance must wear a Motorcycle Helmet with a fastened chin strap.

H.

Safety Belt Requirements. A person must be properly secured with a safety belt or safety harness while operating or riding as a passenger on an ATV operated under this Ordinance if such ATV was required to be equipped with safety belts or safety harnesses at the time the ATV was manufactured or safety belts or safety harnesses have been installed on the ATV.

I.

Speed Limits. All-Terrain Vehicles operated under this Ordinance must be operated in compliance with all posted speed limits and may not be operated (a) at a rate of speed greater than reasonable under the existing conditions, or (b) in a negligent manner so as to endanger or cause injury, death, and/or damage to the operator or person or property of another.

J.

Prohibition on Operating All-Terrain Vehicles while Driving Privileges are Suspended. A person may not operate an ATV under this Ordinance while the person's driving privileges (i.e., Driver's License) are suspended or revoked.

K.

Financial Requirements. All-Terrain Vehicles operated under this Ordinance must meet the financial responsibility requirements under ORS 806.060. For purposes of this Section 12, "financial responsibility requirements" means the ability to respond in damages for liability, on account of accidents arising out of the ownership, operation, maintenance, and/or use of and ATV, in a manner provided under ORS 806.060.

L.

Visibility. During any time when limited visibility conditions exist, ATVs operated under this Ordinance must be equipped with and display a headlight and taillight.

M.

Noise. Mufflers in Oregon must be maintained at 99 decibels (db) and be in compliance of ORS 467.030 and OAR 340-035-0030.

N.

Snowmobiles. Nothing contained in this Ordinance applies to the operation of snowmobiles as that term is defined by ORS 801.490.

Section 1.06. Designation of Roadways. Designation of closed roadways will be at the sole discretion of the Union County Board of Commissioners. Roadways designated as "Closed" are shown in Attachment A. This listing can be amended at any time with majority vote of the Board of Commissioners.

Section 1.07. Liability. The operation of an ATV will be undertaken at the sole risk and responsibility of the owner and/or operator. Union County, passing this Ordinance, assumes no responsibility for the operation of such ATVs. ATV operators agree and acknowledge to hold Union County harmless from any action, damage, or loss arising from the operation of such ATVs on or off any public way within Union County, including, without limitation, roadways.

Section 1.08. Penalties. Any violation of this Ordinance that constitutes a violation of a Traffic Law, then the penalty for the same shall be as provided for by Oregon statute. Any other violation of this Ordinance shall be commenced by the issuance of a citation and shall be prosecuted in the Union County Justice Court as a Class B Violation pursuant to the provisions of ORS 153.008, ORS 153.012 and ORS 153.018 as now in effect or as may be amended from time to time.

Section 1.09. Referenced Statutes and Rules. All references to particular laws, statutes, or rules include that law, statute or rule as now in effect or as may be amended from time to time.

Section 1.10. Invalidity. If any section, subsection or part of this Ordinance is for any reason held invalid, unenforceable or unconstitutional, such holding will not affect the validity, enforceability or constitutionally of the remaining portions of this Ordinance.

Section 1.11. Modification. The Union County Sheriff and the Union County Public Works Director have the authority to modify the provisions of this Ordinance as a result of the occurrence of special events. Such modifications shall be temporary in nature and shall not violate Traffic Laws.

Section 1.12. Responsibility. It is the responsibility of the user to be aware of the roadways designated as "closed" listed in Attachment A.

First Reading: June 26, 2019

Second Reading July 17, 2019

ADOPTED by the County Board of Commissioners this 7th day of August, 2019.

ATTACHMENT A to Ordinance 2019-01

The following County Roadways are Closed to ATV use:
(State Laws still apply - ORS 821.191 Exception for Agricultural use allowance.
Union County exception for transportation between jobs for Commercial use,
such as snow removal, weed spraying, etc.)

•

Hunter Road #14

•

McAlister Road #14A

•

Gekeler Lane #116 from the intersection of Pierce Road to McAlister Road.

•

Buchanan Lane #117

•

Palmer Junction Road #42, #140

•

Bowman #83

•

Moses Creek #042F

•

Morgan Lake Road above the intersection of Glass Hill Road

*NOTE THAT THE CROSSING OF THE CLOSED ROADWAYS LISTED
IS ALLOWED*

DO SO WITH CAUTION!

BE IT REMEMBERED, that at a regular term of the Board of Commissioners of the State of Oregon, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the City of La Grande, in said County and State, on Wednesday of said month and the time fixed by law for holding a regular term of said Commission, when were present:

WHEN, on Wednesday the 6 ^th day of November 2019, among others the following proceedings were had to wit:

WHEREAS, the purpose of this Ordinance is to Amend Ordinance 2001-02, adopted by the Board of Commissioners on May 16, 2001, providing for the issuance of permits for work in the right-of-way and county approach roads.

1.

Section 3 Permit Fees and Charges is hereby amended as follows:

Language removed: There shall be a fee of $40 per application.

Replacement language:

a.

There shall be a fee of $100 per application for landowner applications.

b.

There shall be a fee of $500 per application for utility company applications (i.e., electrical, gas, phone/internet, etc.)

c.

Fees can be changed by Resolution adopted by the Board of Commissioners.

2.

Section 7 is hereby added to the existing ordinance and reads as follows:

Penalty for failure to obtain a permit. Except those utility operators with a valid franchise agreement from the County, every person shall obtain a permit from the County prior to conducting any work in the right-of-way. Failure to obtain a right-of-way permit will result in a fine of $500.00 and the County issuing a stop order until the necessary permit has been obtained.

3.

Section 8 is hereby added to the existing ordinance and reads as follows:

Performance Requirements. Utility facilities shall be constructed, installed, operated, repaired and maintained in accordance with all applicable federal, state and local codes, rules and regulations, including the County standards, the National Electrical Code, the National Electrical Safety Code in effect and as may be subsequently amended. When a utility operator, or any person acting on its behalf, does any work in or affecting the right-of-way, the utility operator shall, at its own expense, promptly restore the right-of-way as directed by the County consistent with applicable County codes, rules and regulations, and the County standards. A utility provider or other person acting on its behalf must use suitable barricades, flags, flagging attendants, lights, flares or other measure as required for the safety of the general public and to prevent injury or damage to any person(s), vehicle or property by reason of such work in or affecting the right-of-way or property. If construction activities in the right-of-way cause an existing use or utility to be in conflict, the utility or existing use will be moved at no cost to the County. Any contractor working in the right-of-way must provide proof of adequate insurance to the County prior to initiating work.

First Reading approved: November 6, 2019

Second Reading and Adoption this 4^th day of December, 2019.

BE IT REMEMBERED, that at a regular term of the Board of Commissioners of the State of Oregon, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the City of La Grande, in said County and State, on Wednesday of said month and the time fixed by law for holding a regular term of said Commissioner, when were present:

WHEN, on Wednesday, the 15th day of April 2020, among others the following proceedings were had to wit:

WHEREAS, the State of Oregon has adopted certain construction Codes as the State guidelines for new construction; and,

WHEREAS, Union County elects to adopt these Codes and all subsequent amendments to these Codes.

NOW THEREFORE, THE UNION COUNTY BOARD OF COMMISSIONERS ORDAINS AS FOLLOWS:

Section 1. DEFINITIONS

In addition to definitions contained in the adopted codes and regulations, the following shall apply:

1.

Administrative Authority: The Union County Board of Commissioners

2.

Building Official: The Official or other designated authority charged with the administration and enforcement of these Codes, or his/her duly authorized representative.

Section 2. ADOPTION OF CODES

Union County adopts the following current and successive Codes by reference, and each is incorporated and made a part of this Ordinance as if fully recited, and shall be referred to herein as the Code:

1.

Oregon Structural Specialty Code, including Appendixes, F, G and H

2.

Oregon Residential Specialty Code

3.

Oregon Plumbing Specialty Code

4.

Oregon Mechanical Specialty Code

5.

Oregon Manufactured Dwelling Installation Specialty Code

6.

Oregon Electrical Specialty Code

7.

Oregon Solar Installation Specialty Code

8.

Oregon Manufactured Dwelling and Installation Specialty Code.

9.

Oregon Zero Energy Ready Commercial Code

Section 3. ENFORCEMENT AND STOP WORK ORDERS

1.

The Building Official shall administer and enforce this Ordinance.

2.

The Building Official is authorized to render written and oral interpretations of this Ordinance and the Codes adopted herein and to adopt and enforce administrative procedures in order to clarify the application of it provisions. Such interpretations, rules, and regulations shall be in conformance with the intent and purpose of this Ordinance and the applicable Code.

3.

Whenever any work to which the Codes in Section 2 apply is being done contrary to the provisions of this Ordinance or the applicable Code (or other pertinent laws or ordinances implemented through its enforcement), the Building Official may order the work stopped by notice in writing served on any person(s) engaged in the doing or causing of such work to be done. Such person(s) shall stop such work until specifically authorized by the Building Official to proceed thereafter.

4.

Right of Entry. Where it is necessary to make an inspection to enforce the provisions of the Oregon Specialty Codes, the building official is authorized to enter the structure or premises at reasonable times to inspect or to the perform the duties imposed by said codes, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure of premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused or the owner or owners' representative cannot be reached, the building official shall have recourse to the remedies provided by the Union County Enforcement Ordinance.

Section 4. FEES

Fees for permits issued by the County may be set by Resolution of the Board of Commissioners; or in the case no Resolution is in effect, then the maximum fee allowed by the State of Oregon shall be charged.

Section 5. APPLICATION

This Ordinance shall apply to all buildings and structures within the jurisdiction of Union County unless specifically exempted herein.

Section 6. LOCAL INTERPRETATION

In addition to the provisions of Section 101.2 of the Oregon Structural Specialty Code and similar provisions of other Specialty Codes, the Building Official is requiring permits for the following items:

1.

Demolition of buildings and structures.

2.

Retaining Walls greater than 4' in height or supporting a surcharge.

3.

Cellular phone, radio, television and other telecommunication and broadcast towers that are not attached to or supported by a regulated building.

4.

Signs not attached to or supported by a regulated building.

5.

Flagpoles and light poles exceeding 25 feet in height.

6.

In addition to the provisions of the Oregon Structural Specialty Code and similar provisions of other Specialty Codes, the Building Official is adopting the following:

1.

Oregon Structural Specialty Code Section 112 Service Utilities.

Section 7. APPEALS

An appeal of a decision of the Building Official unrelated to Code provisions is reviewed by the Administrative Authority. Any person aggrieved by a decision of the Building Official related to Code provisions may appeal that decision by filing a written notice of appeal with the Administrative Authority, a copy of which shall be provided to the Building Official. The notice shall specify the nature of the decision appealed, the date of the decision, and shall specifically set out each and every allegation or error. The appeal notice shall be signed by the appellant. Within ten (10) days of receiving a notice of appeal, the Administrative Authority shall convene a five (5) person Appeals Board, comprised of members who are qualified by experience and training to make decisions in connection with issues pertaining to building construction and who are not employees of the jurisdiction, to meet and decide on the appeal. The Building Official shall be an ex officio member of, and shall act as secretary to, the Board, but shall not vote on any matter before the Board. The Board of Appeals shall be appointed by the Board of Commissioners, and its members shall hold office at the Boards pleasure.

1.

No member of the Board of Appeals shall render a decision on an appeal of a matter in which they may have a conflict of interest.

2.

The board may adopt such procedural rules as it deems necessary to conduct its business, including the designation of testimony of witnesses and accepting evidence.

3.

The Board of Appeals shall have no authority relative to interpretations of the administrative provisions of this Code, nor shall the Board be empowered to waive requirements of this Code.

4.

As per ORS 455.690, any person aggrieved by the final decision of a Municipal Appeals Board may, within thirty (30) days after the date of the decision, appeal to the appropriate State advisory board.

Section 8. Penalties

1.

A person shall not:

a.

Violate or procure, aid or abet in the violation of a final order concerning application of the State Building Code and this Code in a particular case made by any local Building Inspector, Official, or Appeals Board.

b.

Engage in or procure, aid or abet any other person to engage in an activity for which a permit, certificate, label, or other formal authorization is required by any specialty Code or other regulation established by this Ordinance, without first obtaining such permit, certificate, label or other formal authorization (ORS 455.450).

2.

A violation of subsection "a." of this Section shall be subject to a civil penalty not to exceed $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense. (ORS 455.895)

3.

The civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the department or the appropriate advisory board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty.

Section 9. SEVERABILITY

If any section, subsection, provision, clause or paragraph of this Ordinance is declared for any reason to be invalid or unconstitutional by a court of competent authority, it shall not affect the validity of the Ordinance as a whole nor any of the remaining sections or subsections; and they shall remain in full force and effect.

Section 10. REPEAL

Any ordinance or part of ordinance in conflict with this ordinance is hereby repealed.

Section 11. EFFECTIVE DATE

This Ordinance shall become effective upon approval by the Board of Commissioners.

FIRST READING this 15^th day of  April , 2020.

SECOND READING AND ADOPTION this 6^th day of  May , 2020.

BE IT REMEMBERED, that at a regular term of the Board of Commissioners of the State of Oregon, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the City of La Grande, in said County and State, on Wednesday of said month and the time fixed by law for holding a regular term of said Commission, when were present:

WHEN, on Wednesday the 7th day of October 2020, among others the following proceedings were had to wit:

WHEREAS, the purpose of this Ordinance is to Amend Ordinance 2001-02.

1.

Section 3 Permit Fees and Charges is hereby amended as follows:

There shall be a fee of $100.00 per application. The fee requirement will not apply to entities exempt under ORS 758.010(1).

2.

Section 7 is hereby added to the existing ordinance and reads as follows:

Penalty for failure to obtain a permit. Except those utility operators with a valid franchise agreement from the County, every person shall obtain a permit from the County prior to conducting any work in the ROW. Entities exempt from a permit fee under ORS 758.010(1) are still required to obtain a permit from the County. Failure to obtain a right-of-way permit will result in a fine of $500 and the County issuing a stop order until the necessary permit has been obtained.

3.

Section 8 is hereby added to the existing ordinance and reads as follows:

Utility facilities shall be constructed, installed, operated, repaired and maintained in accordance with all applicable federal, state and local codes, rules and regulations, including the County standards, the National Electrical Code, the National Electrical Safety Code in effect and as may be subsequently amended. When a utility operator, or any person acting on its behalf, does any work in or affecting the ROW, the utility operator shall, at its own expense, promptly restore the ROW as directed by the County consistent with applicable County codes, rules and regulations, and the County standards. A utility provider or other person acting on its behalf must use suitable barricades, flags, flagging attendants, lights, flares or other measure as required for the safety of the general public and to prevent injury or damage to any person(s), vehicle or property by reason of such work in or affecting the ROW or property. If construction activities in the right-of-way cause an existing use or utility to be in conflict, the utility or existing use will be moved at no cost to the County. Any contractor working in the right-of-way must provide proof of adequate insurance to the County prior to initiating work.

First reading this 7^th day of October, 2020.

Second reading and adoption this 21^st day of  October , 2020.

Attest:

BE IT REMEMBERED, that at a regular term of the Board of Commissioners of the State of Oregon, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the City of La Grande, in said County and State, when were present:

WHEN, on Wednesday the 16th day of June, 2021, among others the following proceedings were had to wit:

UNION COUNTY ANIMAL CONTROL ORDINANCE NO. 2021-03

SECTION 1. PURPOSE OF THIS ORDINANCE
In order to remain current with ORS Chapter 609 and to reduce the number of ordinances on Dog Control in Union County, this ordinance will amend the October 5, 1977, ordinance establishing an Animal Control Ordinance to protect the health, safety and welfare of the people of Union County and to provide for control and the protection of dogs therein, Ordinance 1991-15, Ordinance 1993-10, Ordinance 1997-1, Ordinance 2004-5, In the Matter of a Dog Control District & Declaring an Emergency, and Ordinance 2014-03.

NOW THEREFORE, the Union County Board of Commissioners does hereby enact the following provisions, which may be referred to as Animal Control Ordinance 2021-03.

SECTION 2. DOG CONTROL DISTRICT
Pursuant to ORS 609.030 (4) the Union County Board of Commissioners will remain the governing body of the Union County Dog Control District, as established by Ordinance in Union County on October 5, 1977.

SECTION 3. ADVISORY COMMITTEE
Pursuant to Union County Resolution No. 82-5 as passed by the Union County Court on December 1, 1982, an advisory committee to advise the governing body of the Dog Control District on matters of animal control in Union County shall be appointed by the Union County Board of Commissioners by resolution. Committee size and areas of representation shall also be established by resolution of the Board of Commissioners.

SECTION 4. PROVISION OF ANIMAL CONTROL SERVICES

(1)

The Sheriff may issue licenses and enforce all of the county and state laws relating to the control of dogs/cats within the county, including that of making arrests.

(2)

The county governing body may provide for appointment of a Deputy Sheriff, under the Supervision of the County Sheriff, to perform the enforcement of this ordinance and all applicable state laws, and otherwise provide for administration and enforcement of a dog control program.

(3)

The county shall provide a shelter for homeless companion animals and those dogs or other animals impounded by the Sheriff or Deputy under this ordinance or applicable State Law.

(4)

The County is authorized to provide all or a portion of the above services through a contract with a licensed veterinarian, Blue Mountain Humane Association or similar entity.

SECTION 5. DEFINITIONS

(1)

"Adult dog" means any dog having a set of permanent teeth and/or over the age of six (6) months.

(2)

"Animal Control Officer" means the Animal Control Officer of the Union County Sheriff's Office or any police officer or other individual designated by the County that is charged with the enforcement of this Ordinance.

(3)

"Animal Shelter or Shelter" means any public or private organization, including the organization's officers, agents and representatives when acting in the name or on behalf of the organization, that controls, rescues, shelters, or cares for, animals as all or part of the purpose of the organization.

(4)

"Cat" means any animal which is classified as a Felis Catus.

(5)

"Dog" means any animal which is classified as Canis lupus familiaris.

(6)

"Impounded" means taken into custody by the Animal Control Officer.

(7)

"Leash" means a leather, cloth or rope device not more than eight (8) feet in length, or a flexi lead with a locking mechanism, by which a dog is physically controlled by the person accompanying it and which is of the strength to restrain the dog.

(8)

"Livestock" as defined by ORS 609.125.

(9)

"Keeper" means any person owning, keeping, harboring, caring for, or otherwise has charge of or right of possession to one (1) or more dogs/cats. For purposes of determining responsibility for dogs/cats creating a nuisance, a dog/cat shall be deemed to be harbored and cared for if it is fed or sheltered for seven (7) consecutive days or more. If a person decides to keep a stray, a report of the finding of the dog/cat shall be made to the Sheriff and the Animal Shelter to allow the rightful owner to claim the dog/cat. If a dog is old enough to be licensed, it shall be licensed within thirty (30) days. In a household setting, and for the purposes of issuing a citation for a violation of this ordinance, the keeper of a dog may be either member of a marriage or domestic partnership; or the person whose name appears on a dog license registration, a rabies vaccination form; or lacking other means of determination, the owner or leaseholder of the property where the dog/cat is kept. A keeper is not defined as:

a.

A humane society or other nonprofit animal shelter;

b.

A facility impounding dogs on behalf of a city or county;

c.

A veterinary facility;

d.

A boarding kennel.

(10)

"Menaces" means lunging, growling, snarling or other behavior by a dog that would cause a reasonable person to fear for the person's safety.

(11)

"Restraint" means any dog secured by a leash or under the control of it's keeper or a capable person and obedient to the person's commands. Restraint may include a pet carrier or other device sufficient to keep the dog from running at large, or falling or jumping from a vehicle.

(12)

"Running at large" means that a dog(s) is off or outside of the premises from which the keeper(s) of the dog(s) may lawfully exclude others, or is not in the company of and under the control of its keeper(s), except if the dog(s) is:

a.

Being used to legally hunt, chase or tree wildlife while under the supervision of the keeper;

b.

Being used to control or protect livestock or for other activities related to agriculture; or

c.

Within any part of a vehicle.

(13)

"Serious physical injury" has the meaning given that term in ORS 161.015, physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

(14)

"Under Control" means the voice, signal or physical control by a capable person so as to be restrained from approaching a bystander, from entering private property and from causing damage to property. A dog is presumed not to be under control if injury, damage or trespass occurs.

SECTION 6. DOG LICENSING A Certificate required for license; issuance of tag. Pursuant to ORS 609.100(1) every person keeping a dog that has a set of permanent canine teeth or is six months old shall procure a license for the dog by March 1 of every year or within 30 days after the person becomes keeper of the dog. The County incorporates ORS 609.100 in this ordinance.

(1)

The keeper of the animal shall present, in person or by mail, the rabies inoculation certificate, together with the license fee fixed by resolution to the Sheriff or Deputy, or entity designated by the County.

(2)

The Sheriff or Deputy, or designated entity shall, upon receipt of the fee and presentation of the certificate issue to the keeper a serial numbered tag legibly identifying it as a valid County dog license. The tag shall be designed for and shall be attached to a collar or harness which shall be worn by the dog for which the tag and certificate is issued at all times when off or outside the premises of the keeper. Whenever an original tag is lost, mutilated or destroyed the owner shall as soon as practical, return to the issuing entity for a replacement tag.

(3)

No one shall issue a license for a dog until that person has been shown a proper certification, or its equivalent, of a rabies inoculation.

(4)

Unexpired tags shall be honored in all counties when the animal is in transit or where the keeper has established a new residence. A keeper presenting an unexpired tag from another Oregon city or county to the Union County license issuing entity shall be given a Union County License, for the life of the original tag, at no charge.

SECTION 7. KENNEL LICENSING/REVOCATION/APPEAL

(1)

"Kennel" means a private residence with four (4) or more adult dogs kept primarily as companions, or a commercial operation such as breeding or boarding.

(2)

No person shall operate a kennel without first obtaining an annual license from the County. Fees shall be established by resolution of the Union County Board of Commissioners.

(3)

License Procedure.

a)

Applicants must verify with the applicable city or county government whether or not land use approval is required for the desired kennel location.

b)

If land use approval is required by the city or county, the applicant must obtain such approval prior to submitting an application to the Sheriff's Office.

c)

Upon receipt of proof of any required land use approval and an application for a dog kennel license, the Sheriff or Deputy shall inspect the residence and kennel, and upon determination that the residence and kennel complies with all applicable provisions of this Ordinance and other applicable city, county, state, or federal laws, shall issue a license.

d)

The Sheriffs Office shall approve or deny a complete application made under this Ordinance within sixty (60) days of its receipt and the payment of the applicable fees, or the application shall be deemed approved for the current year, subject only to revocation as provided in this Ordinance.

(4)

Display of License. Each dog in the kennel over the age of 6 months shall wear a license tag provided for in section 6.2 above. Each dog shall have a license form but the fee shall be the single fee set for kennels.

(5)

Denial and Revocation of License. A kennel license required under this section may be denied or revoked for any of the following reasons:

a.

A failure to comply substantially with any provision of this Ordinance;

b.

Conviction of the keeper, or any person subject to his direction or control, for the violation of any provision of this Ordinance or other applicable state or federal law, rule, order or regulation pertaining to any activity relating to animals; or

c.

Furnishing false information on the application for a license under this Ordinance.

d.

Denial of kennel request by the city where the dog owner resides.

(6)

Appeal from Denial or Revocation of License. If an application for a kennel license is denied (for any reason other than C above) or approved subject to conditions, or revoked, the applicant may appeal the denial, conditional approval, or revocation to the Board of Commissioners no later than 15 days after the date of the decision by the Sheriff or Animal Control Officer. The Board shall provide a hearing for the applicant within 30 days of notice of appeal. Notice of hearing by the Board shall be mailed to the applicant by certified mail no later than 10 days prior to the hearing. A decision by the Board resulting from an appeal under this section shall be reviewable only as provided In ORS Chapter 34.

(7)

Inspection. A kennel licensed under this Ordinance shall be subject to inspection by the Sheriff or Animal Control Officer at any reasonable time for the purpose of determining compliance with this Ordinance. The Sheriff or Animal Control Officer will have the right to inspect the area where the dogs are kept, as well as all records and other documents required to be kept by this Ordinance, upon giving reasonable notice to Keeper.

SECTION 8. RABIES CONTROL/POST BITE OBSERVATION

(1)

Report of dog bites; rules; handling and disposition of animals. This section incorporates the applicable sections found in ORS 609.090-093.

a.

If a dog bites a person and the bite causes a break in the skin, or if a dog is suspected of rabies or has been in close contact with an animal suspected of rabies, the facts shall be immediately reported to the Sheriff or Deputy by any person having direct knowledge.

b.

Any dog, including dogs whose keepers are not residents of Union County, which has bitten any person, including the keeper of the dog, shall be impounded in Union County for ten (10) days. If the dog has a valid rabies vaccination and the keeper has a secure area, the dog may be impounded at the keeper's residence if that residence is in Union County and the Sheriff or Animal Control Officer can verify the keeper has a secure area on the premises. This determination will be made by the Sheriff or Deputy. If the dog does not have a valid rabies vaccination, the dog shall be impounded at the Animal Shelter or a veterinarian's office at the owner's expense. The Sheriff or Deputy shall consult with the local Health Department in cases where there are questions regarding impoundment of biting dogs. If the dog does not have a valid rabies vaccination, at the end of ten (10) days, if the dog shows no sign of rabies, the dog may be released to the keeper and the keeper will procure a rabies vaccination and license the dog within eight (8) days of the day of release. The owner will deposit $50 with the Sheriff or Deputy (or Animal Shelter where the dog is held) which will be returned upon proof of compliance. If the dog is impounded at a veterinarian clinic, the dog shall be vaccinated for rabies prior to release, at the owner's expense; and the owner has three (3) business days to show proof of the rabies vaccination and license the dog.

(2)

Procedure to force compliance.

a.

In the event of the refusal of the keeper or person in possession of a dog to comply with an order of the Sheriff or Deputy to impound the dog for observation after a bite, the Sheriff or Deputy may petition the Circuit Court of the county in which such animal is located for an order requiring such keeper or person to comply with such order.

b.

The petition shall be verified and shall set forth the facts relative to the refusal to comply with the order. A copy of the petition shall be served upon the keeper or person in possession of the animal in the manner provided for service of summons found in ORCP 7. Such keeper or person in possession shall appear and answer the petition at a time and place set by the court in an order, a copy of which shall be served with the petition, directing the defendant to appear at such time and place, and to then and there show cause, if any, why an order directing compliance with the order of the Sheriff or Deputy should not be granted. The time set by the court for the hearing to show cause shall be made with due regard for the circumstances of the person or persons who have been subjected to the bite of the dog and whose health or life may be in jeopardy.

c.

If the keeper or person in possession of the dog fails to appear or the court either with or without such appearance finds the allegations of the petition are true and the order of the Sheriff or Deputy is necessary under this ordinance or ORS 433.350, the court shall enter its order requiring the keeper or person in possession of such dog to comply with the order of the Sheriff or Deputy.

d.

The Sheriff of the county in which the animal is located shall execute such order by serving upon the keeper or person in possession a copy thereof duly certified to by the clerk of the Circuit Court and by enforcing the provisions thereof by taking the dog into custody.

(3)

Report of rabies cases; quarantine.

a.

Whenever a case of animal rabies occurs, the fact shall be reported to the Director of Human Services and to the State Department of Agriculture immediately.

b.

The State Department of Agriculture in consultation with the Director of Human Services shall establish such quarantine under ORS Chapter 596 as the State Department of Agriculture and the Director of Human Services may deem necessary.

c.

The State Department of Agriculture and the Director of Human Services may contract with counties for the purpose of carrying out the provisions of ORS 433.350, 433.355 and subsection (2) of this section.

(4)

Inoculation against rabies; rules; exception; costs.

a.

A dog that has permanent canine teeth or that is six months of age or older must be inoculated against rabies, unless specifically exempted by rule of the Department of Human Services or the State Department of Agriculture.

b.

Unless pursuant to conditions specified in ORS 430.357, any rules of the State Department of Agriculture or the Director of Human Services with respect to inoculation shall:

1.

Not apply to animals brought temporarily into the state for periods of less than 30 days but may require that the animals be kept under strict supervision by the keeper of the animals.

2.

Not apply to dogs or to any other animal specifically exempted from the inoculation requirement by rule of the Department of Human Services or the State Department of Agriculture.

c.

The costs of all such required inoculations shall be borne by the keeper of the animal.

SECTION 9. AT LARGE/PUBLIC NUISANCE DOGS

(1)

Definitions:

a.

"At Large" means any dog(s) off the keeper's or custodian's premises, and not on a leash or under control as herein provided. Such dog(s) may be seized and impounded by the Sheriff or Deputy, or may be lawfully taken by any person and impounded in the Animal Shelter. The person must notify the Shelter staff of the owner's name and address, if known, and the location where the dog was found. This definition incorporates ORS 609.035(6) by reference herein.

(2)

The prohibition shall not apply to dogs that are under control while engaged in one of the following:

a.

Lawful herding of farm animals;

b.

Lawful hunting activities;

c.

Lawful competition sanctioned by a nationally recognized body or a local chapter thereof; or

d.

Lawful training in preparation for such herding, hunting or competitive activities.

(3)

"Public Nuisance" A dog is a public nuisance if it engages in any one or more of the below activities;

a.

Is found at large two or more times in a six month period;

b.

Damages the property of a person other than its keeper or custodian;

c.

Molests or intimidates pedestrians or passersby;

d.

Chases vehicles;

e.

Makes disturbing noises, including, howling, barking or whining for 10 consecutive minutes or intermittent episodes lasting a minimum of 30 minutes which causes unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored. A person making a complaint must be willing to keep an accurate log of the disturbance and submit the log as required by the Sheriffs Office. If the barking is caused by the presence of predators, deer or other wildlife, the dog may or may not be a public nuisance; Barking that is caused by a person intentionally taunting the dog is not a public nuisance;

f.

Causes unsanitary conditions in enclosures or surroundings where the dog is kept or harbored; causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the dog is kept or harbored;

g.

Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of dogs maintained;

h.

Attacks livestock or companion animals not belonging to the dog's keeper;

i.

Scatters garbage;

j.

Is a female in heat and running at large. Every reasonable effort will be made to see that every female dog in heat is confined in a building or secure enclosure in such a manner that such female dog cannot come into contact with another dog except for planned breeding;

k.

Any dog whose keeper allows or permits their animal to deposit excreta on public areas, recreation areas or on private property not belonging to the keeper;

l.

Service Dogs, Herding Dogs and Police Dogs shall not be declared public nuisances pursuant to this Section if the behavior that would provide the basis for a declaration of public nuisance occurred while the dog was performing its duties as expected.

(4)

The keeper or custodian shall be personally liable for a dog that becomes a public nuisance and shall be financially liable for actions of his/her dog. A Court may order restitution from persons who have been convicted of a dog offense where damage or injury has occurred. Each day a nuisance exists may be an additional cause for a citation.

(5)

If a dog(s) is at large with other dogs and is acting in a manner found to menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any domestic animal, livestock or person, such dog(s) may be seized and impounded by the Sheriff or Deputy.

SECTION 10. COMPLAINT PROCESS
Any person who has cause to believe a dog is being maintained as a public nuisance may complain, either orally or in writing by filling out an Animal Nuisance Complaint Form, to the Sheriff or Deputy. The complaint shall be considered sufficient cause for the Sheriff or Deputy to investigate the matter and determine if the keeper of the dog is in violation of this section or other sections of this Ordinance pertaining to nuisance.

SECTION 11. IMPOUNDMENT. Impoundment of at large or public nuisance dogs; notice to keeper; redeeming animal; disposition of animals. The County incorporates ORS 609.090 by reference herein.

(1)

Any dog in violation of this ordinance shall be apprehended and impounded.

(2)

All dogs apprehended and impounded under this section shall be held in adequate and sanitary pounds to be established or contracted for by the County.

(3)

All dogs so impounded shall be given proper care and maintenance.

(4)

Impounded dogs shall be released to keepers or custodians on presentation of proof of ownership, and proof that all appropriate fees have been paid. Any dog apprehended or turned into the Shelter for impoundment shall be held for a minimum of five (5) business days unless redeemed earlier by the keeper. Any dog wearing a collar with a valid license tag shall be held for a minimum of five (5) business days, and the Deputy or Shelter shall make a reasonable effort to contact the keeper. This effort shall be documented on the dog's paperwork. Any dog not redeemed during the required holding period shall be deemed to have been surrendered to the Animal Shelter for disposition.

(5)

If the keeper desires to redeem an animal impounded pursuant to this section or the animal is to be released to any other person as provided in subsection (4) of this section, and the dog does not have a valid rabies vaccination, the person shall post a $50 deposit with the Shelter and obtain possession of the dog for the purpose of vaccinating the dog. The Shelter shall refund the deposit to a person who, on or before the eighth (8th) day after obtaining possession of the dog, demonstrates proof of rabies inoculation or exemption from the inoculation requirement and purchases a license as required by this Ordinance.

(6)

Any dog not redeemed during the required holding period shall be deemed to have been surrendered to the animal Shelter for disposition.

(7)

Redemption. A keeper reclaiming an impounded dog shall pay impoundment fees, board fees and license fees or deposits in accordance with a resolution adopted by the Union County Board of Commissioners. If the dog is required to be licensed, the fees shall be paid at the time of redemption, and the tag issued upon presentation of proof of rabies vaccination.

(8)

Seriously injured, diseased, or wild dogs need not be detained for the holding period, but with the concurrence of a veterinarian or Certified Euthanasia Technician may be disposed of in a humane manner at any time. If the dog is wearing a tag, the Shelter will attempt to contact the owner prior to euthanasia. Notwithstanding the provisions of any other portion of this Ordinance, any stray dog impounded for biting a person shall be held for not less than ten (10) days before redemption or destruction, to determine if the dog is rabid.

(9)

Any impounded dog, following the holding periods, and dogs voluntarily surrendered to the Shelter, shall be disposed of in a humane manner, or, at the discretion of the Shelter staff, may be held for a longer period to allow for adoption. No dogs shall be knowingly sold or given away by the County or its designee for the purposes of animal experimentation.

(10)

The Shelter may also be the holding facility for animals seized in Criminal Cases. This may include long term holds or livestock or other animals depending on the case.

(11)

All animals destroyed or disposed of under the terms of this ordinance shall be done so in accordance with ORS 609.405.

SECTION 12. ANIMAL CRUELTY - IN ADDITION TO ORS CHAPTER 167.305-390.

(1)

The following, singly or together, are deemed to constitute cruel treatment to animals. Therefore, it shall be unlawful for any person to:

a.

Tether, confine, or restrain any dog in such a way as to permit said dog to become frequently entangled in such tether, or render said dog incapable of consuming food or water provided for it. Tethering a dog must be in such a manner as to allow adequate space for freedom of movement necessary for extended periods of time; said tether to be not shorter than three (3) times the length of the dog measured from the tip of its nose to the base of its tail.

b.

Confine a dog within or on a motor vehicle or other enclosure or structure when unattended and under such conditions as may endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water, and confinement with an aggressive dog or other animal.

c.

Knowingly placing food of any description containing poisonous or other injurious ingredients in any location likely to be accessible to domesticated animals or livestock.

SECTION 13. ANIMAL ABANDONMENT

(1)

Abandonment is defined as leaving any animal in any place public or private without providing for the continued care of the animal and the needed food water and shelter or needed veterinary care. In the case of a dog impounded at the Animal Shelter as a stray by private citizen or law enforcement, a dog is presumed to be abandoned by its keeper if the keeper has been notified of the dog's impoundment and they have taken no affirmative action to redeem the dog for a period of five (5) business days from the date of notice of impoundment. If the keeper refuses to redeem or pay fees for the dog, or make other arrangements for the long term care of the dog the keeper may be cited for abandonment and the dog will be placed for adoption after five (5) business days.

SECTION 14. IDENTIFICATION AND CLASSIFICATION OF DANGEROUS OR AGGRESSIVE DOGS. The definitions in this section shall be applicable to this entire Ordinance.

(1)

Aggressive - Level 1: Any dog which, while at large or secured in such a manner as to reach public or private property not belonging to the dog keeper, or secured in such a manner as to interfere with a legal right of entry to the dog keeper's property may be classed as an Aggressive Level One dog if the dog does chase, menace, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person or, while at large, threaten or cause injury to any domestic animal.

(2)

Aggressive - Level 2: Any dog which, while at large or secured in such a manner as to reach public or private property not belonging to the dog keeper, or secured in such a manner as to interfere with a legal right of entry to the dog keeper's property may be classed as an Aggressive Level Two dog if the dog does aggressively bite or cause physical injury to any person, or while at large kills any domestic animal.

(3)

Dangerous: This section is subject to and incorporates the provisions of ORS 609.098. A dog shall be classified as Dangerous if, whether or not confined, causes physical injury or death to a person; or is used in the commission of a crime; or is an Aggressive Level 2 dog that repeats the behavior after the keeper is notified of the designation.

(4)

No dog shall be classified as dangerous or aggressive, even if the dog has engaged in these behaviors, upon a determination that the behavior was caused by abuse or torment of the dog, or criminal activity on the part of any victim.

(5)

No dog shall be found to be dangerous or aggressive if it is a dog trained for law enforcement purposes and is on duty under the control of a peace officer.

(6)

A Deputy or the Sheriff shall determine whether any dog has engaged in the behaviors specified in Subsections 1, 2, and 3. The determination shall be based upon an investigation that includes observation of the dog's behavior by a Deputy or the Sheriff, or by other witnesses who personally observed the behavior. Observations must be in writing attesting to the observed behavior.

SECTION 15. NOTIFICATION TO KEEPER OF DANGEROUS OR AGGRESSIVE DOGS

(1)

The Sheriffs Deputy shall give the dog's keeper written notice by personal service, substitute service to another adult resident of the household, posting on the main entrance of the residence or certified mail that includes the following:

a.

The dog's specific behavior. To include the date of the incident, the location of the incident and the name of the victim, if known.

b.

The dog's dangerous or aggressive classification, the definitions from the ordinance and the conditions under which the dog must be kept.

c.

IMPORTANT: FAILURE TO COMPLY WITH ALL APPLICABLE REQUIREMENTS UNDER SECTION 15 THROUGH 17 OF THE COUNTY ANIMAL CONTROL ORDINANCE 2021-03 WITHIN TEN (10) DAYS FROM THE NOTICE OF CLASSIFICATION SHALL RESULT IN THE CLASSIFICATION BEING FINAL.

SECTION 16. REGULATION OF DANGEROUS OR AGGRESSIVE DOGS

(1)

Aggressive - Level 1: Dogs classified as Aggressive Level 1 shall be restrained at all times by a physical device or structure, in a manner that prevents the dog from reaching any public or private property not belonging to the dog keeper, and must be located so as not to interfere with the public's legal access to the keeper's property, whenever that dog is outside the keeper's home and not on a leash and under the control of a capable person.

a.

The dog shall be licensed and the license renewed as required. Change of residence by keeper, or change of ownership of the dog, shall be reported to the Sheriff's Office. A new keeper shall be subject to the same restrictions for the dog as the original keeper.

(2)

Aggressive - Level 2: Dogs classified as Aggressive Level 2 shall be confined within a secure enclosure whenever the dog is not on a leash under control of a capable person, or inside the keeper's home. The secure enclosure must be located so as not to interfere with the public's legal access to the keeper's property.

a.

The dog shall not be off the property unless it is restrained and under the control of the keeper.

b.

The keeper shall purchase and post a "beware of dog" sign at all entrances to the property if the aggressive behavior involved humans.

c.

The dog shall be licensed and the license renewed as required.

d.

Change of residence by the keeper or change of ownership of the dog shall be reported to the Sheriff's Office. A new keeper shall be subject to the same restrictions as the original keeper of the dog.

e.

To ensure proper identification the dog shall be micro-chipped at the keeper's expense by a licensed veterinarian.

f.

The dog shall be sterilized at the keeper's expense by a licensed veterinarian.

(3)

Dangerous: A dog classified as Dangerous shall be euthanized not less than ten (10) days after classification to allow for rabies observation, unless an appeal is filed by the dog's keeper and a deposit is made to hold the dog for the process.

a.

The dog shall be impounded upon receipt by the keeper by personal service of written notice of classification by the Sheriff's Office.

b.

Where the subject dog has been impounded and an appeal has been filed, the keeper of the dog shall be required to post a deposit of $500 at the time the appeal is requested towards the expense of sheltering the dog during the appeal process.

c.

If the Sheriffs classification of the dog as Dangerous is upheld on appeal, the keeper shall be liable for the cost of the dog's impoundment and all fees incurred for sheltering and caring for the dog, including needed veterinary care. The amount shall be used from the deposit and any excess shall be returned to the keeper.

d.

If the Sheriff's classification of Dangerous is reversed on appeal, the deposit shall be refunded to the keeper.

e.

Failure to file an appeal as provided or unexcused failure of a party to appear at a duly scheduled hearing shall constitute a waiver by the party of any further appeal under the Ordinance. Upon entry of a waiver in the record, the last decision issued by the Sheriff shall become final.

SECTION 17. APPEAL PROCEDURES FOR AGGRESSIVE AND DANGEROUS DOGS

(1)

To appeal an Aggressive or Dangerous classification, the following requirements must be met:

a.

Appeals must be made in writing to the Justice Court. Appeal requests may be mailed to the Union County Justice Court, 10605 Island Avenue, Island City, OR 97850.

b.

A $25 appeal fee must accompany the written request.

c.

In all Dangerous Dog classification appeals, a $500 deposit must also accompany the written request to cover the costs to shelter the dog during the appeal process.

d.

The written appeal, the $25 appeal fee, and the $500 deposit for Dangerous Dog appeals must be received by the Justice Court within ten (10) days from the date of the Notice of Classification.

(2)

Pending appeal, the keeper shall comply with the restrictions specified in the Aggressive or Dangerous notice. Failure to comply with these restrictions shall be considered a violation of Section 16.

(3)

To appeal the decision of the Justice Court regarding a Dangerous dog classification, the keeper may file a Writ of Review with Circuit Court. All filing fees and regulations required by Circuit Court must be met in order to schedule the hearing.

(4)

The keeper can petition the Justice Court to have the Aggressive Level 1 and Level 2 classifications removed if no subsequent citations have been issued for the following times:

a.

Aggressive - Level 1: No citations or violations for six (6) months.

b.

Aggressive - Level 2: No citations or violations for one (1) year.

SECTION 18. COSTS OF INJURED ANIMALS OR CARCASS REMOVAL

(1)

If an injured dog requiring veterinary treatment is impounded by the Deputy or other person and the keeper can be clearly identified, the Sheriff shall have the authority to assess the costs of the veterinary treatment to the keeper. Any keeper refusing to pay such assessed costs may be cited for a violation of this Ordinance. If a Deputy or Sheriff is requested to remove a dead dog and the keeper can be clearly identified, the Sheriff shall have the authority to assess the costs of removal and disposal to the keeper; provided, however, that the cost of removal/disposal shall be reasonably commensurate with the actual costs and that a reasonable attempt be made to contact the dead dog's keeper prior to such removal or disposal.

SECTION 19. CAT OWNERSHIP

(1)

No person shall own or keep more than ten (10) cats over the age of four (4) months within Union County.

SECTION 20. KEEPING OF WILD AND EXOTIC ANIMALS The keeping of wild and exotic animals shall be in accordance with Chapter 609.205-355 of the Oregon Revised Statutes.

(1)

In addition to all exotic animals, any canine or feline hybrid will be considered as exotic for the purposes of this Ordinance and shall be subject to all provisions in addition to any state or federal restrictions.

(2)

Canine hybrids may be licensed for the purpose of tracking and control, but issuance of a license does not imply that the hybrid is protected from rabies with a vaccination.

(3)

Hybrids which have bitten a person or another animal shall be taken into custody and shall be placed in observation or destroyed at the order of the County Health Officer, at the keeper's cost.

(4)

A keeper shall identify whether or not an animal is a hybrid, unless there is other evidence to the contrary such as the breeder of the animals stating that they are a hybrid, or other such proof, to the satisfaction of the Deputy or Sheriff. In the event of a dispute over an animal's breeding or genetic heritage, the safety of the public shall take precedence over the rights of the animal keeper.

(5)

Hybrids will not be adopted from the Animal Shelter. They will be humanely destroyed as soon as possible.

SECTION 21. ENFORCEMENT AND PENALTIES

(1)

The provisions of this Ordinance shall be enforced by the Union County Sheriff's Office. It shall be a violation of this Ordinance to interfere with a Deputy or Sheriff in the performance of his/her duties. All persons cited for a violation of this ordinance shall be heard in Justice Court.

(2)

Any keeper who is convicted more than three (3) times in one (1) year for a violation of dog at large or dog as a nuisance, may have an order entered by the Justice Court prohibiting the ownership of a dog or dogs for a period of one (1) year. Anyone who is convicted of a Failure to Comply on an Aggressive Level 2 dog more than once in a year may have an order entered by the Judge prohibiting the ownership of a dog or dogs for a period of three (3) years.

(3)

The Union County Justice Court may exercise authority designated under this Ordinance.

(4)

Summons and Complaint. The form used shall be the Uniform Traffic Citation as devised by the State of Oregon.

(5)

Answer. A person cited into Justice Court shall follow the procedures as detailed on the back of the summons and complaint to request a trial or pay the fine.

(6)

Fines. Fines for violations of the Union County Animal Control Ordinance shall be established by Resolution of the Union County Board of Commissioners.

(7)

Review. A defendant may appeal a final adverse ruling to the Union County Circuit Court within 30 days by Writ of Review as provided by ORS 34.010 through 34.100.

SECTION 22. CONFLICTING ORDINANCES. All other Ordinances of Union County that are in conflict are hereby repealed to the extent of such conflict.

First reading approved  June 16 , 2021.

Second reading and adoption  June 30 , 2021.

BE IT REMEMBERED, that at a regular term of the Board of Commissioners of the State of Oregon, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the City of La Grande, in said County and State, on Wednesday of said month and the time fixed by law for holding a regular term of said Commission, when were present:

WHEN, on Wednesday, the 20^th day of October 2021, among others the following proceedings were had to wit:

1.

Short Title.

The provisions of this ordinance and all rules adopted under this ordinance may be cited as the County Land Use and Building Codes Enforcement Ordinance.

Section 1. PURPOSE

This Ordinance establishes procedures for enforcement of certain provisions of Union County's Land Development Code, Building Code, Oregon Fire Code, Public Right-of-Way and Franchise ordinances. The enforcement procedures set forth are intended to assure due process of law for violation of those codes.

Section 2. ENFORCEMENT AUTHORITY and RESPONSIBILITY

The responsibility for the enforcement of the provisions of this Ordinance is assigned as follows:

A.

Union County Sheriff Department. It is the duty of the Sheriff's Department staff and of all deputies of the County, including non-sworn department personnel charged with parking and/or Code Enforcement duties, otherwise charged by law, to enforce this Code and all its provisions, by issuance of citations, if necessary. The Sheriff may designate in writing other non-sworn personnel to enforce any Ordinance as provided by law.

B.

City of La Grande Building Official and Union County Planning Director. The City Building Official, and/or Union County Planning Director or designees as applicable, are to act as the Code Enforcement Officers, to enforce County Ordinance provisions and the Building Codes of the State of Oregon. A Code Enforcement Officer has the following responsibilities and powers in the enforcement of this title.

1.

To review with affected individuals the provisions of applicable City and County Ordinances to support voluntary compliance with their provisions.

2.

To initiate all necessary proceedings to forfeit bond or cash deposits.

3.

Assist the Union County Sheriff Office staff with Ordinance enforcement by preparing a written report and all relevant documentation.

4.

To initiate proceedings to revoke approvals previously granted under provisions of City or County Ordinances.

5.

To issue citations and notices of alleged Type I and Type II violations.

6.

To conduct searches of real and personal property as authorized by this Ordinance, other City or County Ordinances, or under State or Federal law.

7.

To cause the abatement of any violation governed by this Ordinance.

Section 3. AUTHORIZED SEARCHES OF PROPERTY

Code Enforcement Officers and members of the Sheriff Department staff shall have the authority to conduct searches of real and personal property within the County jurisdiction for the purpose of determining whether a violation of County Ordinances or State Building Codes, including any Conditions of Approval, has occurred. Searches of property will be conducted in accordance with procedures set forth in this Ordinance, other County Ordinances, or under State or Federal law.

Section 4. WARRANTLESS SEARCHES

Warrantless Searches are authorized only in the following circumstances:

A.

In areas of real property that are generally open to the general public; or,

B.

In areas of plain view from a vantage point in which the Code Enforcement Officer or Sheriff's Deputy has a legal right to be; or,

C.

Search of the property is conducted with the consent of an owner or person in control of the property; or,

D.

In areas of real property that are subject to a specific permit issued by the County or that are subject to a specific Condition of Approval issued by the County.

Section 5. ADMINISTRATIVE WARRANT SEARCHES

Code Enforcement Officers and members of the Sheriff's Department shall have the authority to conduct searches of real and personal property upon receipt of an Administrative Search Warrant and upon reasonable suspicion that a violation of City Ordinance, or County Ordinance or State Building Codes has occurred. Application for a Search Warrant can be made to a Circuit Court Judge of the 10th Judicial District, Union County, Oregon. Administrative Search Warrant Application shall include the following minimum required information:

A.

A description of the real property or personal property to be searched, with sufficient detail to identify which property the Warrant applies to (i.e., street address, VIN number, Twp., Range, Section, Tax Lot Numbers, etc.);

B.

A list of the provisions of the Ordinance and/or Conditions of Approval that are suspected of being violated or that are being investigated;

C.

A statement as to who the legal owner of the property is or who is in control of the property;

D.

A statement as to whether the property, the owner, or the person in control of the property have been involved in any other Ordinance Enforcement activity in the past;

E.

A plain and concise statement as to the purpose for requesting the Administrative Search Warrant; and,

F.

A copy of any report(s) generated by County or City staff involving the current City Ordinance, County Ordinance or State Building Codes violations or past violations relevant to the current violation;

G.

A statement from the applicant as to their official capacity with the County or City and their authority to make the request for a Warrant.

Upon complete review of the Search Warrant Application, the reviewing Judge shall issue the Administrative Search Warrant upon a showing that the requested search is reasonable in relation to its purpose. The Administrative Search Warrant shall state the length of time in which it is valid and can be served or acted upon, which shall be no longer than fourteen (14) calendar days from its date of issuance.

Any person who interferes with or refuses to allow inspection of the property or premises specified in the Administrative Search Warrant is subject to being held in contempt of court after referral of the matter to the Union County District Attorney.

Section 6. REVOCATION OF APPROVAL AND FORFEITURE OF BONDS

The Code Enforcement Officer may initiate proceedings to revoke the approval of any permit or approval issued pursuant to County Ordinances or State Building Codes in any case where a use of land has been established or conducted in a manner which violates or fails to observe the provisions of City Ordinances, County Ordinances, State Building Codes or a Condition of Approval.

The Code Enforcement Officer may initiate procedures to forfeit all or a portion of a bond or cash deposit when such exists. The Code Enforcement Officer is to notify the person posting the bond or cash deposit of the intention to cause forfeiture of the bond or deposit at least twenty (20) days prior to a forfeiture hearing. Such notice is to contain the following:

1.

Statement "RE: Forfeiture Hearing for Improvements for (Name of Development), at Property Located at (Description of Property)."

2.

A description of the real property by street address, and assessor map description.

3.

The reasons for seeking forfeiture and the remedial action required by the person posting the bond or deposit.

4.

The date, time and place of the forfeiture hearing.

5.

The required penalties for non-compliance.

Section 7. STOP WORK ORDER

Whenever any use or work is done contrary to the provisions of City Ordinances, County Ordinances, including any Conditions of Approval, or the State Building Codes, the Code Enforcement Officer may order the work stopped by notice in writing served on any persons engaged in the use or work, and any such persons shall immediately stop such use or work until authorized by the Code Enforcement Officer to proceed. Failure to stop such use or work may result in the immediate issuance of a citation as, referenced in Section 15.

Section 8. CLASSIFICATION OF VIOLATION

Violations shall be identified by the Code Enforcement Officer under one of the following classifications:

A.

Type I - Violations which represent a threat to public health, safety, or welfare, or those unapproved actions deemed to potentially create serious adverse environmental and/or land use consequences as the result of continued activity; or,

B.

Type II - Violations which do not pose a threat to public health, safety, and welfare but do violate provisions of City Ordinances, County Ordinances, including any Conditions of Approval, or State Building Codes.

Section 9. NOTICE OF VIOLATION

A.

Type I - After receiving a report of an alleged Type I violation, the Code Enforcement Officer will confirm whether a violation exists and determine whether the violation warrants that a citation be issued immediately, whether to provide a separate notice of the violation prior to the issuance of a citation, or to issue a citation and separate notice of the violation immediately. If a separate notice of violation is issued, it shall be in writing and provided by regular mail and by registered or certified mail, postage prepaid, return receipt requested to the owner of the affected property. Such notice shall indicate the following:

1.

A description of the real property by street address and assessor map description, on which the violation exists.

2.

A list of the provisions of County Ordinances and/or Conditions of Approval, or State Building Codes violated and the means to correct such violation(s), if any.

3.

Whether immediate enforcement is warranted or if a specified time period will be allowed to correct or remove the violation.

B.

Type II - After receiving a report of an alleged Type II violation, the Code Enforcement Officer will confirm whether a violation exists and whether or not it is a Type I or Type II violation. If it is a Type I violation, the process in Subsection A above shall be followed. If a Type II violation exists, a notice of the violation shall be provided in writing by regular mail and by certified mail, postage prepaid, return receipt requested to the owner of the affected property. Such notification shall contain the following:

1.

A description of the real property by street address and assessor map description, on which the violation exists.

2.

A list of the provisions of the Ordinance and/or Conditions of Approval or State Building Codes violated and the means to correct such violation(s), if any.

3.

A direction to correct the violation within ten (10) calendar days from the date of the notice.

4.

A statement that failure to correct the violation shall be considered a separate violation for each day the violation remains uncorrected.

5.

A statement that failure to correct the violation may result in the issuance of a citation and the required penalties for non-compliance.

A reoccurring violation within a two (2) year period may be considered and processed as a Type I violation and subject to the immediate issuance of a citation.

Section 10. NOTICE TO ABATE

A.

On determination by the Code Enforcement Officer that abatement is necessary, the Code Enforcement Officer shall cause notice to be posted on the premises or at the site of the violation, directing the person responsible to abate the violation; and, shall forward a copy of the notice by regular mail and by certified mail, postage prepaid, return receipt requested to the owner of the affected property. Such notice shall indicate the following:

1.

A description of the real property by street address and assessor map description, on which the violation exists

2.

A direction to abate the violation within ten (10) calendar days from the date of the notice.

3.

A list of the provisions of the Ordinance and/or Conditions of Approval, or State Building Codes violated and the means to correct such violation(s), if any.

4.

A statement that, unless the violation is removed within the specified timeframe in the notice, the City or the County may abate the nuisance; and the cost of abatement will be charged to the owner of the affected property.

5.

A statement that the County's actual cost of abatement, not paid by the owner of the affected property, plus administrative fees may be assessed as a lien on the property.

6.

A statement that the owner of the affected property may protest the order to abate by delivering written notice to the County Administrator within ten (10) calendar days from the date of the notice.

B.

Upon completion of the posting and mailing, the Code Enforcement Officer shall execute and file certificates stating the date and place of the mailing and posting.

C.

Any person refusing to accept receipt of the mailed notice shall not make the notice void, and, in such case, the posted notice shall be sufficient.

Section 11. PROTEST OR ABATEMENT BY OWNER OF PROPERTY

A.

Within ten (10) calendar days after the posting and mailing of notice, the owner of the affected property shall remove the violation or file an appeal in writing to the Code Enforcement Officer, with a statement specifying the basis for the appeal.

B.

The Code Enforcement Officer shall determine whether a violation in fact exists. If the Code Enforcement Officer determines that a violation does exist, the person responsible shall remove the violation within ten (10) calendar days of the Code Enforcement Officer's decision, unless the Code Enforcement Officer determines that additional time shall be granted.

Section 12. APPEALS

Decisions made by the Code Enforcement Officer regarding any provision of this Ordinance may be appealed to the County Commissioners provided such appeal is submitted to the Commissioners within ten (10) calendar days of the Code Enforcement Officers' decision.

Section 13. ABATEMENT BY THE COUNTY

A.

If the violation has not been abated by the owner of the property within the time allowed, the Code Enforcement Officer may cause the violation to be abated.

B.

The Code Enforcement Officer and any persons or entities assisting the Code Enforcement Officer with abatement, may enter the property to be abated with the consent of the owner or person in control of the property; or, with a court issued Administrative Abatement Order; or, where a property is unoccupied or vacant, the Code Enforcement Officer may enter property for the purposes of weed abatement.

C.

The Code Enforcement Officers or Sheriff Department staff may enter property for the purpose of investigation and/or immediate abatement where there is reasonable suspicion that a Code Violation exists which represents a serious and immediate threat to public health, safety, and welfare (i.e., vacant lot weed problems in time of extreme fire danger) or could potentially create serious and immediate adverse environmental and/or land use consequences.

D.

Administrative Abatement Application shall include the following minimum required information:

1.

A description of the real property or personal property to be abated with sufficient detail to identify which property the Administrative Abatement Order applies to (i.e.- street address, VIN number, etc.);

2.

A list of the provisions of the Ordinance and/or Conditions of Approval, or State Building Code that are known to be violated and have not been abated;

3.

A statement as to who the legal owner of the property is or who is in control of the property;

4.

A statement as to whether the property, the owner, or the person in control of the property have been involved in any other Ordinance Enforcement activity in the past;

5.

A plain and concise statement as to the purpose for requesting the Administrative Abatement Order; and,

6.

A copy of any report(s) generated by the City or County involving the current County Ordinance violations or past violations relevant to the current violation; and,

7.

A statement from the applicant as to their official capacity with the County and their authority to make the request for an Abatement Order.

E.

Upon complete review of the Administrative Abatement Order Application by the Circuit Court Judge of the 10th Judicial District, Union County, Oregon, said reviewing Judge shall issue the Administrative Abatement Order upon a showing that the requested Abatement is reasonable in relation to its purpose. The Administrative Abatement Order shall state the length of time in which it is valid and the scope of the abatement to be performed and can be served or acted upon which shall be no longer than thirty (30) calendar days from its date of issuance.

F.

Any person who interferes with or refuses to allow abatement of the property or premises specified in the Administrative Abatement Order is subject to being held in contempt of court after referral of the matter to the Union County District Attorney.

G.

The Code Enforcement Officer shall keep an accurate record of the expenses incurred by the City or County in physically abating the nuisance and shall include a charge equal to ten percent (10%) or FIFTY AND NO/100 DOLLARS ($50.00), whichever is greater, of those expenses for administrative costs, in addition to the actual costs of abatement.

Section 14. ASSESSMENT OF COSTS

A.

The Code Enforcement Officer shall forward to the owner of the property by regular mail and by certified mail, postage prepaid, return receipt requested, a notice stating:

1.

The total cost of abatement, including the administrative costs.

2.

That the costs, as indicated, may be assessed to and become a lien against the property, unless paid within thirty (30) calendar days from the date of notice.

3.

That if the owner of the property objects to the costs of the abatement as indicated, a written notice of objection may be filed with the County Administrator not more than ten (10) calendar days from the date of the notice. No sooner than fifteen (15) calendar days after the date of notice of objection, the County Administrator shall make a decision on the objections to the costs assessed.

B.

If the costs of the abatement are not paid within thirty (30) calendar days from the date of the notice, an assessment of the costs, as stated or as decided by the County Administrator, shall be made by Resolution of the Board of Commissioners and shall be entered into the docket of County liens. When the entry is made, it shall constitute a lien on the property from which the nuisance was removed or abated.

C.

The lien shall be enforced in the same manner as all other liens established by Resolution of the Board of Commissioners and shall bear interest at the interest rate established by Commissioner's Resolution. The interest shall begin to run from the date of entry of the lien in the lien docket.

D.

Any person refusing to accept receipt of the mailed notice of the proposed assessment will not void the assessment, and it shall remain a valid lien against the property.

Section 15. SERVICE OF CITATION

The Sheriff's Department staff may issue a citation to any person who violates any provision of the County Ordinances. The citation shall be filed with the Justice Court, charging the responsible party for the violation and setting a date for the responsible party to appear before the Justice Court. Any notice required by the provisions of this Ordinance is to be given by the Sheriff Department staff or a Code Enforcement Officer.

A.

A copy of the citation is to be either served personally or by mail, postage prepaid, certified mail, return receipt requested, to the owner of the affected property as shown on the last equalized assessment role. If no address can be found or is known to the Code Enforcement Officer, then the citation is to be mailed to such person at the address of the premises affected by the proceedings: Any person refusing to accept receipt of the citation does not affect the validity of any proceedings taken hereunder.

B.

A copy of the notice will be forwarded to Justice Court for docketing.

Section 16. INTERFERENCE PROHIBITED

No person shall hinder, interfere with or impede the Code Enforcement Officer or the Sheriff's Department staff in the performance of duties assigned by the Code, or other codes and Ordinances of the County. Any interference shall be considered a Type I violation and subject to the immediate issuance of a citation in accordance with Section 15 of this Ordinance.

Section 17. PENALTIES

The issuance of a citation shall include a fine, as established by Union County Zoning, Partition and Subdivision Ordinance, Article 37. Each consecutive calendar day that the violation remains uncorrected, as documented by the Code Enforcement Officer, shall constitute a separate violation punishable by a fine in accordance with this Section.

Section 18. CIVIL RELIEF

When a building or other structure is, or is proposed to be, located, constructed, maintained, repaired; altered, or used, or any land is or is proposed to be used in violation of County Ordinances, or State Building Codes, the County Administrator, the County Attorney or any person whose interest in real property within the County or City is or may be affected by the violation, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement; or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate, or remove the unlawful location, maintenance, repair, alteration, or use. In addition to the actions defined herein, the prevailing party may recover all reasonable abatement and court costs and attorney's fees.

Section 19. TAMPERING WITH OFFICIAL NOTICES

No person shall remove or tamper with a notice posted on property pursuant to the provision of County Ordinances, unless authorized by the County Administrator, Building Official, Department Director, or designee, as applicable. Removing or tampering with a notice posted on property shall be considered a Type I violation and subject to the immediate issuance of a citation in accordance with Section 15 of this Ordinance.

Section 20. SEVERABILITY

If any court of competent jurisdiction declares any Section of this Ordinance invalid, such decision shall be deemed to apply to that Section only and shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part declared invalid.

Section 21. EFFECT OF REPEAL OF CODE SECTIONS AND ORDINANCES

Repeal of a Code section or Ordinance does not revive a Code section or Ordinance in force before or at the time the repealed Code section or Ordinance took effect. The repeal does not affect a punishment or penalty incurred before the repeal took effect, nor a suit, prosecution or proceeding at the time of the repeal for an offense committed under the repealed Code section or Ordinance.

Section 22. EFFECTIVE DATE

This Ordinance shall become effective thirty {30) days after its adoption by the Board of Commissioners of Union County, Oregon.

First reading this 20^th day of  October , 2021.

PASSED and ADOPTED this 3^rd day of  November , 2021.

STAFF REPORT

UNION COUNTY BOARD OF COMMISSION

REGULAR AGENDA

OCTOBER 20, 2021

PUBLIC HEARING

ENFORCEMENT ORDINANCE

HISTORY

In 2017 Union County Legal Counsel drafted an Enforcement Ordinance to assist the Union County Planning Department, City of La Grande Building Department and Oregon State Fire Marshal's Office to establish procedures to investigate and conduct enforcement of violations within the unincorporated jurisdiction of Union County.

On August 11, 2021 staff provided the Union County Board of Commissioners an overview of the draft ordinance and discussed and clarified all concerns or comments that arose through a public work session.

On August 17, 2021 staff sent questions and comments back to Union County Legal Counsel for clarification and changes of matter of law. The draft ordinance was then sent to the City of La Grande Building Department, State Fire Marshal's Office and the Union County Sheriff for review and comments.

CURRENT

I am presenting to the Union County Board of Commissioners Ordinance 2021-04 in the matter of establishing enforcement powers and penalties for noncompliance with Union County Land Use and Building Code Ordinances.

This final draft has incorporated all comments received from County Legal Counsel, the County Administrator, County Planning Director, City of La Grande Building Official, State Fire Marshal's Office, and Union County Sheriff.

Today at this time Ordinance 2021-04 is scheduled for a Public Hearing to accept public testimony and for the Commissioners to deliberate and potentially make a decision on adoption of Ordinance 2021-04

Respectfully Submitted by:
Scott Bartell
Planning Director

1 ^st reading Oct. 20, 2021

2 ^nd reading Nov. 3, 2021

BE IT REMEMBERED, that at a regular term of the Board of Commissioners of the State of Oregon, for the County of Union, sitting for the transaction of County business, begun and held at the Joseph Building Annex in the City of La Grande, in said County and State, on Wednesday of said month and the time fixed by law for holding a regular term of said Commissioner, when were present:

WHEN, on WEDNESDAY, the  6th  day of September 2023, among others the following proceedings were had to-wit:

WHEREAS, ORS 195.500 requires all counties to develop a policy to ensure the most humane treatment for removal of homeless individuals from camping sites on public property; and,

WHEREAS, Union County recognizes the social nature of the problem of homeless individuals camping on public property; and,

WHEREAS, Union County desires to implement a policy in compliance with ORS 195.500 and also recognizes the need to provide safe, secure public spaces for residents,

WHEREAS, Union County encourages the active participation of all concerned persons, organizations, businesses and public agencies to work in partnership with the County and the homeless community to address the short- and long-term impacts of homelessness in the community.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS, COUNTY OF UNION, STATE OF OREGON:

Section 1. TITLE.

This Ordinance shall be known as the Removal of Campsites on Public Property Ordinance of Union County.

Section 2. DEFINITIONS.

"Personal Property" means any item that can reasonably be identified as belonging to an individual and that has apparent value or utility.

"Established Camping Site" means a campsite that has been in its current location for at least five days. If law enforcement officials do not have evidence about the age of a campsite, law enforcement officials should presume it is an established camping site.

Section 3. NOTICE.

A.

At least 72 hours before removing homeless individuals from an established camping site, law enforcement officials shall post a written notice, in English and Spanish, at all entrances to the camping site to the extent that the entrances can reasonably be identified.

B.

When a 72-hour notice is posted, law enforcement officials shall inform the local agency that delivers social services to homeless individuals as to where the notice has been posted.

C.

Written notice must state the following:

a.

Where unclaimed personal property will be stored;

b.

A phone number that individuals may call to find out where the property will be stored; or

c.

If a permanent storage location has not yet been determined, the address and phone number of an agency that will have the information when available.

D.

Exceptions to Notice. The 72-hour notice requirement under subsection (3) of this section does not apply:

a.

When there are grounds for law enforcement officials to believe that illegal activities other than camping are occurring at an established camping site.

b.

In the event of an exceptional emergency at an established camping site, including, but not limited to, possible site contamination by hazardous materials, a public health emergency or other immediate danger to human life or safety.

Section 4. REMOVAL OF PERSONAL PROPERTY

A.

All personal property at the camping site that remains unclaimed after removal shall be given to a law enforcement official, a local agency that delivers social services to homeless individuals, an outreach worker, a local agency official or a person authorized to issue a citation.

B.

Items that have no apparent value or utility or are in an insanitary condition may be immediately discarded upon removal of the homeless individuals from the camping site.

C.

Weapons, controlled substances other than prescription medication and items that appear to be either stolen or evidence of a crime shall be given to or retained by law enforcement officials.

D.

The unclaimed personal property shall be stored in an orderly fashion, keeping items that belong to an individual together to the extent that ownership can reasonably be determined.

E.

The property shall be stored for a minimum of 30 days during which it shall be reasonably available to any individual claiming ownership. Any personal property that remains unclaimed after 30 days may be disposed of or donated to a corporation described in section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 2020.

Section 5. EFFECTIVE DATE

This ordinance will take effect after 30 days from and after its passage by the Board.

First Reading Date:  September 6, 2023

Second Reading Date: September 20, 2023

Approved this 20^th day of  September , 2023.