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					                           CHAPTER 7: COUNTY MANAGEMENT

§§:
                                                       § 7.406    Procedure For Resolving Conflicts
GENERAL PROVISIONS                                     Between Designated Compelling Greenspace Property
                                                       And Buildable Property.
 § 7.001    County Management Department.
                                                       § 7.407    Requesting Transfer Of Tax Foreclosed
 § 7.002    Dishonored Check Fees.                     Property To Governments For Non Housing Purposes.
 § 7.003    Accounting Fees.                           § 7.408    Procedure For Requesting Transfer Of
                                                       Tax Foreclosed Property For Housing Purposes.
 § 7.004    Information Fees.
                                                       § 7.409    Procedure For Requesting Transfer Of
 § 7.005    Interest Fees.
                                                       Tax Foreclosed Property For Open Space, Parks Or
 § 7.006    Purchasing And Handling Fees.              Natural Areas.
 § 7.007    Chair Executive Rules.                     § 7.410    Procedure For Disposition Of Requests
                                                       For Transfer Of Tax Foreclosed Property For
 § 7.008    Assessment and Taxation Fees.
                                                       Housing And For Open Space, Parks Or Natural
                                                       Areas.
RISK MANAGEMENT
                                                      REDUCED REDEMPTION AND FORFEITURE OF
 § 7.100-   Policy.
                                                      TAX FORECLOSED PROPERTY
 § 7.101    Risk Management Fund.
                                                       § 7.421    Findings.
 § 7.102    Risk Management Function.
                                                       § 7.422    Definitions.
 § 7.103    Risk Assessment And Loss Prevention.
                                                       § 7.423    Waste or Abandonment.
 § 7.104    Authority.
                                                       § 7.424    Notice of Director's Hearing.
DOMESTIC PARTNERSHIP REGISTRY
                                                       § 7.425    Hearing Procedures.
 § 7.301    Purpose.                                   § 7.426    Final Determination, Enforcement and
                                                       Review.
 § 7.302    Requirements.
 § 7.303    Procedures; Fees.                         SALE OF SEIZED PERSONAL PROPERTY
 § 7.304    Termination of Domestic Partnerships.
                                                       § 7.460-   Sale For Amount Due.
 § 7.305    Public Records.
                                                       § 7.461    Insufficient Bid.
TAX FORECLOSED PROPERTY

 § 7.400-   Definitions.
 § 7.401    Property Administration And Evaluation.
 § 7.402     Repurchase Policy And Contract
 Application Time, Qualifications And Requirements.
 § 7.403    Property Sale Restrictions.
 § 7.404   Procedure For Designating Significant
 Environmental and Compelling Greenspace Property.
 § 7.405    Procedure For Designating Buildable
 Property For Housing Purposes.
2                     Multnomah County – Chapter 7 - County Management


Editor’s Note:

formerly known as Department of Business and
Community Services, separated and abolished by
Ord. 1061, eff 7/1/2005, into Department of
County Management (Chapter 7) and Depart-
ment of Community Services (Chapter 27)

former §27.001 combined with 7.001 by Ord. 971
12/20/2001, eff. 1/1/2002 and 7/1/2002 (for budget
purposes); Leg.Hist: (Ord. 956, Amended,
01/18/2001; Ord. 951, Amended, 12/11/2000;
Ord. 948, Amended, 07/27/2000; Ord.927,
passed, 03/04/1999; ‘ 90 Code, § 2.30.200,
07/01/1998; Ord. 701, passed, 10/15/1991; Ord.
698, passed, 10/03/1991; Ord. 686, passed,
06/27/1991; Ord. 606, passed, 01/19/1989; Ord.
528, passed, 09/25/1986; Ord. 64, passed,
12/21/1972)

Cross-reference:
   Auditor, see Charter § 8.10

Statutory reference:
    Assessment of property for taxation, see ORS,
Ch. 308
    Collection of property taxes, see ORS, Ch. 311
    County financial administration, see ORS, Ch.
279
    County lands, see ORS, Ch. 275
    Equalization of property taxes, see ORS, Ch.
309
    Foreclosure of property tax liens, see ORS, Ch.
312
    Levy of property taxes; tax reduction, see ORS,
Ch. 310
    Property subject to taxation; exemptions, see
ORS, Ch. 307
    Property taxation generally, see ORS, Ch. 306
    Public contracts and purchasing, see ORS, Ch.
279
    Public meetings, see ORS 192.610
    Public records, see ORS 192.410
    Real property, see ORS, Ch. 215
    Revenue and tax laws, see ORS, Ch. 305
    State Tort Claims Act, see ORS 30.260
(Ord. 1061, Amended, 05/26/2005, eff. 7/1/2005; Ord. 971,
Amended, 12/20/2001)




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                               Chapter 7 - County Management                                                        3


            GENERAL PROVISIONS                             (O) Perform such administrative duties as dele-
                                                       gated by Chair executive rule.
§ 7.001       COUNTY MANAGEMENT                        (Ord. 1178, Amended, 04/14/2011; Ord. 1166, Amended,
              DEPARTMENT.                              07/08/2010; Ord. 1061, Amended, 05/26/2005, eff. 7/1/2005;
                                                       Ord. 978, Amended, 03/07/2002; Ord. 971, Amended,
                                                       12/20/2001, eff. 1/1/2002 and 7/1/2002 (for budget); Ord. 951,
    The Department of County Management is cre-        Amended, 12/11/2000; ‘ 90 Code, § 2.30.115, 07/01/1998; Ord.
ated. The head of the department is the Director of    841, passed, 11/30/1995)
the County Management Department (director). The
department is assigned the following functions:        § 7.002          DISHONORED CHECK FEES.

    (A) Plan, prepare and monitor the budget as pre-       (A) For any check, draft, or order of payment in
sided by state law;                                    money given to the county by any person in pay-
                                                       ment of taxes or fees for any service provided by or
    (B) Accounting system and treasurer duties; fi-    through the county, which check, draft, or order of
nancial reports, receipt, investment and expenditure   payment in money is dishonored for any cause, in-
of funds;                                              cluding but not limited to non-sufficient funds,
                                                       closed account or no account, there shall be a fee as-
    (C) Liability insurance and property insurance;    sessed in the amount of then-current charge made to
                                                       county by the bank from which the check was re-
    (D) Assessor and tax collector duties prescribed   turned, plus an additional amount to cover internal
by state law;                                          costs, such as extra data entry, processing time, and
                                                       unavailability of the revenues represented by the
    (E) Board of Property Tax Appeals prescribed       original check. The total amount assessed by the
by state law;                                          county for processing the dishonored check shall not
                                                       exceed the amount set by resolution of the Board.
     (F) Marriage license and domestic partner reg-
istration services;                                        (B) At the discretion of the department which
                                                       originally accepted the dishonored check, the fee as-
    (G) County recording duties prescribed by state    sessed may be reduced to cover only the county's
law;                                                   payment to the bank involved. The accepting de-
                                                       partment shall be responsible for the additional
     (H) Other county clerk duties prescribed by       amount not assessed.
state law.
                                                           (C) The fee is collectible by the county in any
    (I) Purchase material and supplies as pre-         lawful manner, including but not limited to filing of
scribed by state law, and administer contracts;        appropriate proceedings pursuant to statute, or such
                                                       other means as may be legally pursued.
    (J) Employee and human resource services;          (‘ 90 Code, § 5.10.090, 07/01/1998; Ord. 791, passed,
                                                       06/16/1994; Ord. 713, passed, 03/05/1992)
   (K) Collective bargaining and labor relations
                                                       § 7.003          ACCOUNTING FEES.
matters;
                                                            The director is authorized and instructed to es-
    (L) Risk management and insurance programs;
                                                       tablish and collect fees chargeable to service dis-
                                                       tricts for which the county provides accounting and
     (M) Accounts payable, accounts receivable, pay-
                                                       related financial management services and for which
roll;
                                                       the county provides automated data processing time
                                                       and services, which shall be equal to the actual cost
    (N) Management and disposition of tax fore-
                                                       incurred by the county for providing these services
closed property; and
                                                       as determined by the Director.
                                                       (‘ 90 Code, § 5.10.520, 07/01/1998; Ord. 595, passed,
                                                       10/13/1988; Ord. 105, passed, 07/10/1975)

                                                                                                        (S-1 2012)
4                      Multnomah County – Chapter 7 - County Management


                                                          out the Chair's duties and responsibilities under the
§ 7.004          INFORMATION FEES.                        Charter.

    For the services of the information technology        Cross-reference:
services of gathering, preparing and providing re-           Chair, see Charter § 6.10
quested information, a fee shall be charged which
shall be equal to the actual cost of providing the ser-   § 7.008         ASSESSMENT AND TAXATION
vices, as determined by the director. An additional                       FEES.
amount shall be charged equal to 15% of the actual
cost to defray the expenses of developing and ex-              (A) For any printout or copy of an appraisal
panding information base and access systems. The          card for any tax account, the division of assessment
fee charged for information services to any govern-       and taxation shall charge a fee as set by Board reso-
mental agency or unit shall be equal to the actual        lution.
cost of gathering, preparing and providing the in-
formation only.                                               (B) For the division's services in gathering, pre-
(‘ 90 Code, § 5.10.540, 07/01/1998; Ord. 595, passed,     paring or providing nonstandard information upon
10/13/1988; Ord. 105, passed, 07/10/1975)
                                                          request, the division shall collect a fee equal to its
§ 7.005          INTEREST FEES.                           actual cost, as determined by the director of the di-
                                                          vision.
     The finance division shall ensure that bills for
all services performed by the county and all county           (C) In addition, the division shall charge as set
accounts receivable are collected. Except where pro-      by Board resolution for copies provided by it.
hibited by law, contract or agreement, interest in an
amount as set by resolution of the Board will be               (D) For any check, draft or order of payment in
charged on all bills which remain unpaid for more         money given to the division by any person in pay-
than 30 days after the initial billing date.              ment of taxes or fees for any service provided here-
(‘ 90 Code, § 5.10.560, 07/01/1998; Ord. 595, passed,     inabove, which check, draft or order of payment in
10/13/1988)                                               money is dishonored for any cause, including but
                                                          not limited to nonsufficient funds, closed account or
§ 7.006          PURCHASING AND HANDLING                  no account, there shall be a fee assessed as provided
                 FEES.                                    at § 7.002. The fee is collectible by the division in
                                                          any lawful manner, including but not limited to, ad-
    To defray the expenses of the county in provid-       dition of the fee to the payer's tax account, filing of
ing purchasing and stores services for other gov-         appropriate proceedings pursuant to statute or such
ernmental agencies and units which do not provide         other means as may legally be pursued.
reciprocal services to the county, those agencies and     (Ord. 951, Add, 12/11/2000)
units shall be charged a fee in an amount set by
Board resolution. No fee charged under this section
shall exceed the amount allowable under any appli-
cable contract between the county and the affected
agency or unit.
(‘ 90 Code, § 5.10.040, 07/01/1998; Ord. 105, passed,
07/10/1975)

§ 7.007          CHAIR EXECUTIVE RULES.

    The Chair is authorized to adopt Executive
Rules or administrative procedures to implement
and enforce the provisions of this code, and to carry


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                                     Chapter 7 - County Management                                                  5


                RISK MANAGEMENT                               § 7.101         RISK MANAGEMENT FUND.

§ 7.100-        POLICY.                                           (A) General provisions. The county has a risk
                                                              management fund (fund) created by the Board sepa-
    The Board recognizes that a coordinated risk as-          rate from the general fund. The fund was created to
sessment and management, and loss prevention pro-             account for expenditures and reserves associated
grams are important to the preservation of county             with the protection of the county's assets, employ-
assets, the health and safety of county employees,            ees, programs and operations. The fund will account
and the financial interest of the county's residents.         for the financing administration of the workers'
Risk management includes identifying potential loss           compensation, general liability, auto liability, prop-
exposures, analyzing alternatives, selecting and im-          erty, employee medical/dental benefits, legal ser-
plementing loss reduction methods, and evaluating             vices, life insurance, long-term disability, retiree in-
the results. The county shall have as its objectives:         surance, unemployment and insured and self-insured
                                                              programs provided for in the county's budget.
    (A) The prevention of accidental loss by the
creation and administration of a proactive approach              (B) Disbursements. The following expenditures
to loss prevention and reduction, risk assessment             may be charged to the fund accounts:
and management. The county will work to create a
service environment in which county employees and                        (1) Insurance premiums for county opera-
members of the public can enjoy safety and security           tions;
while transacting county business.
                                                                       (2) Costs and expenses related to admini-
   (B) The protection of the county against the fi-           stration, investigation, adjustment and litigation of
nancial consequences of accidental losses.                    all insured and uninsured claims, and loss arising
                                                              from the county's operations;
    (C) The preservation of the county's assets and
public service capabilities from loss, destruction, or                (3) All costs for repairing and replacing
depletion.                                                    personal property, money, and improvements to real
                                                              property owned or leased by the county to the extent
    (D) The promotion of a balanced, comprehen-               the county has contractually assumed risk of loss,
sive and cost-effective mix of exposure identifica-           where such property losses are within the coverage
tion, risk evaluation, risk treatment and program             and retention level of insurance coverage carried by
implementation and monitoring activities.                     the county.

    (E) The minimization of the long-term cost to                      (4) Assessments, licenses, fees, and bonds
the county of all activities related to the identifica-       related to programs funded under division (A) of
tion, prevention and control of accidental losses and         this section, required by state law.
their consequences.
                                                                     (5) Employee workers' compensation claim
    (F) The creation of a coordinated risk manage-            expenditures in accordance with applicable statutes.
ment and employee health and benefits program
with internal procedures for reporting of all inci-                   (6) County risk management and legal ser-
dents, claims and losses incurred by the county,              vices expenses.
providing a constant assessment of fluctuating expo-
sure to loss, loss-bearing capacity and available fi-                (7) Loss prevention programs and projects
nancial resources, including insurance.                       may be funded by the fund if they:
(‘ 90 Code, § 2.60.115, 07/01/1998; Ord. 904, passed,
04/25/1998; Ord. 581, passed, 06/23/1988; Ord. 381, passed,                 (a) Are clearly targeted toward loss
05/19/1983)
                                                              control;



                                                                                                          (S-1 2012)
6                  Multnomah County – Chapter 7 - County Management


             (b) Reduce the costs of loss immedi-        division (E) of this section are dedicated for pay-
ately;                                                   ments of compensation and amounts due the state
                                                         Director of the Department of Insurance and Fi-
            (c) Reduce the administrative costs of       nance. The Director of the Department of Insurance
the risk management program; or                          shall have first lien and priority rights to the full
                                                         amount of the worker's compensation funds required
            (d) Are mandated by state or federal         to pay the present discounted value of all present
law and affect more than one department.                 and future claims under ORS, Ch. 656.

Capital projects are excluded unless specifically ap-         (E) An actuarial evaluation shall be performed
proved by the Board.                                     by a qualified independent actuary on the worker's
                                                         compensation retiree insurance and liability sections
         (8) County unemployment obligations and         of the insurance fund at least once every three years.
related administrative expenditures.                     (Ord. 1024, Amended, 12/18/2003, eff. 1/18/2004; ‘ 90 Code, §
                                                         2.60.120, 07/01/1998; Ord. 904, passed, 04/25/1998; Ord. 725,
                                                         passed, 06/25/1992; Ord. 581, passed, 06/23/1988; Ord. 381,
        (9) Employee medical/dental health care          passed, 05/19/1983)
claims and insurance claims, health promotion pro-
grams, and related administrative expenditures.          § 7.102         RISK MANAGEMENT
                                                                         FUNCTION.
        (10)    Any other insurance or self-
insurance related expenditures as deemed appropri-           (A) The Department of County Management di-
ate by the Board within standard budgetary proce-        rects and manages employee health and benefit pro-
dures.                                                   grams for the county. The authority granted in-
                                                         cludes, but is not limited to, the following:
         (11)   Cost and expenses related to any le-
gal action, matter or proceeding in any court or tri-            (1) To purchase all insurance coverage re-
bunal when authorized by the Board or delegated by       quired by law and contracts, or desirable for the ef-
Board resolution.                                        fective and efficient operation of county govern-
                                                         ment;
    (C) Fund reporting. A report shall be provided
annually to the Chair and Board on the financial                  (2) To consolidate insurance coverage and
status of the fund accounts.                             combine with self-insurance as is in the best interest
                                                         of the county.
    (D) Fund equity and cash balance.
                                                             (B) The Department of County Management in
         (1) The fund (equity and cash) balance          consultation with County Attorney directs and man-
shall be maintained at a level to pay all claims, pre-   ages all risk management and loss prevention pro-
miums, disbursements, reserves and incurred but not      grams for the county. The authority granted in-
reported (IBNR) claims. Amounts shall not be trans-      cludes, but is not limited to, the following:
ferred from the fund unless a program defined by
division (A) of this section is discontinued without             (1) To acquire actuarial, claims manage-
further financial obligation or it is determined by a    ment, investigative and appraisal services for in-
qualified independent actuary that the funding level     sured and self-insured program administration;
may be adjusted.
                                                                 (2) To promulgate rules and procedures to
        (2) In order to obtain an exemption from         govern the administration of the county's insurance
the security deposit requirement under ORS               and risk management activities;
656.407, the worker's compensation reserves estab-
lished by the actuarial evaluation performed under


(S-1 2012)
                                     Chapter 7 - County Management                                                          7


        (3) To administer all loss prevention activi-         § 7.103          RISK ASSESSMENT AND LOSS
ties and claims arising from county operations in-                             PREVENTION.
cluding, but not limited to, the county's general, auto
and professional liability, property, workers' com-                Departments are responsible for conforming to
pensation, employee health care, life and disability          county, state and federal safety standards. Adminis-
benefits and unemployment claims;                             trators, managers, and supervisors are responsible
                                                              for conducting their operations in a manner that
         (4) To coordinate the claims activity inter-         safeguards the county's assets from loss or damage
nally and/or with contracted claims service provid-           and employees from employment-related illness and
ers, legal counsel, department management and in-             injury. Each department in consultation with the
surance companies;                                            Department of County Management and County At-
                                                              torney will identify significant risks to the general
        (5) To identify loss exposures and adminis-           public doing business with the county, county em-
ter programs to control and minimize losses to                ployees and county property. Where significant
county assets, property, employees and the general            risks are identified, the Department of County Man-
public doing business with the county;                        agement and County Attorney will recommend re-
                                                              medial action. Departments will take action to re-
        (6) To develop and maintain an information            duce these exposures within available county re-
system for timely and accurate recording of loss ex-          sources. Managers are responsible for reporting all
perience, insurance premiums, property values, in-            losses or claims to the Department of County Man-
surance fund cash flow and reserving obligations              agement, regardless of size of loss, in a timely man-
and other identified risk-related information;                ner as directed by county administrative procedures.
                                                              The Department of County Management is respon-
         (7) To develop manuals and programs for              sible for ensuring that mechanisms exist for report-
training county personnel on loss control/safety pro-         ing, record keeping and follow up and that these are
grams and activities; and                                     known throughout the county.
                                                              (Ord. 1061, Amended, 05/26/2005, eff. 7/1/2005; Ord. 978,
        (8) To ascertain that contributions to the            Amended, 03/07/2002; Ord. 971, Amended, 12/20/2001, eff.
                                                              1/1/2002 and 7/1/2002 (for budget); ‘ 90 Code, § 2.60.140,
fund are adequate and appropriations and reserve              07/01/1998; Ord. 904, passed, 04/25/1998; Ord. 725, passed,
balances are financially and actuarially sound.               06/25/1992; Ord. 581, passed, 06/23/1988; Ord. 381, passed,
                                                              05/19/1983)
    (C) The Department of County Management
apportions and collects from each county depart-              § 7.104          AUTHORITY.
ment, office, board, or commission its contribution
for loss reserves, risk management and County At-                 Authority for settlement of general liability
torney expenses, insurance premiums, and loss ex-             claims and litigation against the county or its em-
penditures. The contribution is based, wherever ap-           ployees shall rest with the Board and may be dele-
propriate, upon the relative exposure and loss ex-            gated by Board resolution, except that the Sheriff
perience of each department for each aspect of risk           shall retain all settlement authority regarding non-
and is maintained in the county's insurance fund and          monetary operations issues in the Sheriff’s Office.
subject to annual budgetary approval.                         (Ord. 1090, Amended, 03/01/2007; Ord. 1024, Amended,
(Ord. 1061, Amended, 05/26/2005, eff. 7/1/2005; Ord. 978,     12/18/2003, eff. 1/18/2004; ‘ 90 Code, § 2.60.150, 07/01/1998;
Amended, 03/07/2002; Ord. 971, Amended, 12/20/2001, eff.      Ord. 904, passed, 04/25/1998; Ord. 581, passed, 06/23/1988;
1/1/2002 and 7/1/2002 (for budget); ‘ 90 Code, § 2.60.130,    Ord. 381, passed, 05/19/1983)
07/01/1998; Ord. 904, passed, 04/25/1998; Ord. 725, passed,
06/25/1992; Ord. 581, passed, 06/23/1988; Ord. 381, passed,
05/19/1983)




                                                                                                               (S-1 2012)
8                     Multnomah County – Chapter 7 - County Management


       DOMESTIC PARTNERSHIP REGISTRY
                                                                    (3) They affirm that neither of the partners
§ 7.301         PURPOSE.                                    has filed a Statement of Termination of Domestic
                                                            Partnership Registration within the last six months.
     The Board of County Commissioners authorizes           (Ord. 951, Renumbered, 11/06/2000, from 27.352; Ord. 948,
                                                            Added, 07/27/2000, eff. 09/01/2000)
and establishes a voluntary program of registration
of domestic partners. The domestic partnership reg-
                                                            § 7.303         PROCEDURES; FEES.
istry is a means by which unmarried, committed
couples who share a life and home together may
                                                                (A) The department director is authorized to
document their relationship.
(Ord. 951, Renumbered, 11/06/2000, from 27.351; Ord. 948,
                                                            adopt administrative rules or procedures and pre-
Added, 07/27/2000, eff. 09/01/2000)                         scribe all forms required to implement the provi-
                                                            sions of this subchapter.
§ 7.302         REQUIREMENTS.
                                                                (B) Fees for filing registrations and terminations
    (A) To register as domestic partners, couples           and for providing other documents are imposed un-
must sign a Certificate of Domestic Partnership de-         der this subchapter in amounts set by Board resolu-
claring that:                                               tion.
                                                            (Ord. 951, Renumbered, 11/06/2000, from 27.353; Ord. 948,
                                                            Added, 07/27/2000, eff. 09/01/2000)
       (1) They are residing together and sharing
the common necessities of life;
                                                            § 7.304         TERMINATION OF DOMESTIC
                                                                            PARTNERSHIPS.
         (2) Neither of them is married or registered
as the domestic partner of any other person in any
                                                               A domestic partnership registration terminates
jurisdiction;
                                                            when:
          (3) Both of them are at least 18 years of
                                                                (A) One of the partner dies;
age;
                                                                 (B) One or both partners files a Statement of
         (4) They are not related by blood kinship
                                                            Termination of Domestic Partnership Registration
closer than would bar marriage in the state of Ore-
                                                            with the county. If only one partner files a State-
gon and are mentally competent to consent to con-
                                                            ment of Termination of Domestic Partnership Regis-
tract;
                                                            tration, that partner must certify that the filing part-
                                                            ner attempted to notify the other partner of the filing
        (5) They are each other's sole domestic
                                                            of the Statement of Termination of Domestic Part-
partner and intend to remain so indefinitely and are
                                                            nership Registration by mailing a notice of such in-
responsible for each other’s common welfare.
                                                            tent certified mail return receipt requested to the last
                                                            known address of the other partner.
    (B) In addition, the Certificate of Domestic            (Ord. 951, Renumbered, 11/06/2000, from 27.354 ; Ord. 948,
Partnership will include a statement by the partners        Added, 07/27/2000, eff. 09/01/2000)
that;
                                                            § 7.305         PUBLIC RECORDS.
         (1) They agree to file a Statement of Ter-
mination of Domestic Partnership Registration if the                 The county will maintain records of domes-
partnership is terminated (except by death) or any of       tic partnerships that include names, dates of register-
the facts in (1) through (5) above change;                  ing, and certificate numbers. A record of the termi-
                                                            nation of partnerships will also be recorded.
        (2) They understand the registration of the         (Ord. 951, Renumbered, 11/06/2000, from 27.355; Ord. 948,
Certificate of Domestic Partnership is evidence of a        Added, 07/27/2000, eff. 09/01/2000)
domestic partnership of continuous duration;


(S-1 2012)
                                    Chapter 7 - County Management                                                       9


                                                           from the sale of tax foreclosed properties and dis-
           TAX FORECLOSED PROPERTY                         burse all lawful expenditures therefrom.
(Ord. 971, Renum27.150*, 12/20/2001, eff. 1/1/2002 and
7/1/2002 (for budget))                                         DAYS. Calendar days unless otherwise noted.
§ 7.400-        DEFINITIONS.
                                                                OPEN SPACE. Developed parks with active
                                                           recreational facilities such as ball fields, tennis
    For the purpose of this subchapter, the follow-        courts, playgrounds, community gardens, golf
ing definitions apply unless the context requires a        courses, cemeteries, or vacant lands with the poten-
different meaning:                                         tial for becoming a park or natural area.

   DEPARTMENT. Multnomah County Depart-                        PARKS. Publicly or privately owned land de-
ment of County Management.                                 signed or utilized for outdoor recreation and devoid
                                                           of man-made structures for habitation.
   DIRECTOR. The Director of the Multnomah
County Department of County Management.                        NATURAL AREA. A landscape unit composed
                                                           of plant and animal communities, water bodies, soil,
     DISPOSE OF. To sell, exchange, lease, donate          and rock; largely devoid of human made structures;
or to otherwise convey county property or any inter-       maintained and manage in such a way as to promote
est therein.                                               or enhance population of wildlife.

    GREENSPACE COMMITTEE.                     The Green-       OPEN SPACE PRESERVATION SPONSOR.
space Review Committee.                                    Any government or nonprofit corporation organized
                                                           under the provisions of ORS Chapter 65 for the pur-
    PROPERTY. All property acquired by Mult-               pose of preserving and actively managing properties
nomah County by foreclosure of delinquent tax              as open spaces, parks or natural areas.
liens.
                                                                COMMUNITY GARDENS. Public or private
    NONPROFIT HOUSING SPONSOR. Any                         land divided into plots for growing vegetables,
government or nonprofit corporation organized un-          fruits, flowers, native, or ornamental plants. A
der the provisions of ORS Chapter 65 for the pur-          community garden may also mean private or public
pose of undertaking, constructing, or operating a          land used for growing or displaying an orchard of
housing project to assist low and lower income             small trees, herbs, or dry land plants.
families, or authorized by its charter to undertake,       (Ord. 1178, Amended, 04/14/2011; Ord. 1061, Amended,
                                                           05/26/2005, eff. 7/1/2005; Ord. 978, Amended, 03/07/2002;
construct, or operate such housing projects.               Ord. 971, Renum27.150-, 12/20/2001, eff. 1/1/2002 and
                                                           7/1/2002 (for budget); Ord. 971, Amended, 12/20/2001; Ord.
    OWNER or FORMER OWNER. A property                      968, Amended, 11/08/2001; Ord. 956, Amended, 01/18/2001;
owner or contract purchaser of record at the time a        Ord. 950, Added, 08/24/2000, eff. 10/01/2000)
judicial decree of foreclosure was entered as to the
affected property.                                         § 7.401         PROPERTY ADMINISTRATION
                                                                           AND EVALUATION.
    REPURCHASE AGREEMENT. A contract to
sell tax foreclosed property to the former owner                (A) The Department shall be responsible for
prior to foreclosure.                                      management of the tax title fund and for the inven-
                                                           tory, management, maintenance and disposition of
    SOCIAL SERVICES AGENCY. An appropri-                   all tax foreclosed properties in accordance with state
ate social service provider, as designated by the          statutes and this subchapter.
Board.
                                                               (B) The Department, in order to assure the fiscal
    TAX TITLE FUND. The Multnomah County                   stability of the tax title fund, may identify properties
accounting fund maintained to receive proceeds
                                                                                                          (S-1 2012)
10                     Multnomah County – Chapter 7 - County Management


to be sold at public auction and not available for do-     County if the Department receives an application in
nation to governments or non-profit housing spon-          compliance with this Section no later than Novem-
sors, or Open Space Preservation Sponsors.                 ber 15th of the year the foreclosure deed is recorded
                                                           for the given property. The Director is authorized to
    (C) The Department shall be responsible for a          establish rules and procedures for the implementa-
physical inspection of all properties upon convey-         tion and enforcement of this Section, including but
ance to the county.                                        not limited to the creation of applications and other
                                                           forms,
     (D) If any property is occupied, the Department
shall notify an appropriate county social services
agency if the occupants may require exceptional as-            (B) Repurchase on Contract, Qualifications and
sistance. The agency shall make an assessment of           Requirements. A timely submitted application to
the circumstances within thirty (30) days of such no-      repurchase on contract by the owner will only be
tification and submit a report to the Department.          recommended by the Department for approval by
Upon receipt of a report from a social services            the Board if the property and the owner meet these
agency recommending special assistance, the De-            additional qualifications and requirements:
partment shall suspend efforts to dispose of the
property pending further direction from the Board                  (1) The property must be:
and shall forward a copy of the report to the Board.
The Board shall review the case and order appropri-                       (a) The   primary   residence   of   the
ate action within thirty (30) days.                        owner; or

    (E) In the event any request for transfer of prop-                    (b) The primary location of the owner’s
erty by a governmental entity conflicts with any           business; or
other request for transfer of property in accordance
with this subchapter, the Department shall put the                      (c) Used as an integral part of a resi-
matter on the Board’s regular meeting agenda for           dential treatment or social services program spon-
resolution by the Board.                                   sored by the owner, if the owner is a nonprofit or-
(Ord. 971, Renum27.151, 12/20/2001, eff. 1/1/2002 and      ganization exempt from federal taxes under IRC 501
7/1/2002 (for budget); Ord. 950, Added, 08/24/2000, eff.   (C)(3); and
10/01/2000)

§ 7.402          REPURCHASE POLICY AND                             (2) Any other real property of the owner in
                 CONTRACT APPLICATION                      Multnomah County has not been foreclosed for non-
                 TIME, QUALIFICATIONS AND                  payment of taxes in the previous ten (10) years,
                 REQUIREMENTS.                             unless such prior foreclosure is either (i) the owner’s
                                                           primary residence if the current foreclosure is the
     (A) Repurchase Policy. The County in its sole         owner’s primary business, or (ii) the owner’s pri-
discretion may decide to sell and convey tax fore-         mary business if the current foreclosure is the
closed property to the former record owner or con-         owner’s primary residence; and
tract purchaser of record (collectively referred to as
“owner” for purposes of this section). If the County               (3) The owner has not previously repur-
does elect to sell to the owner, that party may repur-     chased property by an agreement which has been
chase the tax foreclosed property for cash or on con-      canceled by the county within the preceding ten (10)
tract only as provided in this section. A repurchase       years; and
by the owner for cash may proceed at any time if the
property is not subject to an alternative disposition               (4) The owner must demonstrate financial
and the County determines such a sale is in the best       ability to meet minimum payment requirements of a
public interest. A repurchase on contract by the           contract; and
owner shall only be accepted and considered by the

(S-1 2012)
                                Chapter 7 - County Management                                                 11


        (5) Improved property must be suitable for               (3) Requests for an administrative excep-
occupation, or the owner must demonstrate an abil-       tion must be submitted to the Director within fifteen
ity to make the property suitable for occupation         (15) days after the notification of denial was mailed.
within the period specified by the county, and           The Director will make a determination within fif-
                                                         teen (15) days after the request. The Director may
                (6) The property was not acquired        grant an administrative exception to the qualifica-
by the County from the owner through a reduced re-       tion requirements if in the public interest.
demption period and forfeiture pursuant to MCC
7.420 to 7.426.                                                  (4) Within fifteen (15) days after a notice of
                                                         the Director’s denial, the applicant may either re-
    (C) Repurchase Price                                 purchase the property for cash or appeal the denial
                                                         to the Board. The appeal shall be filed with the De-
         (1) The repurchase price for a cash or con-     partment and shall recite the facts forming the basis
tract sale shall be the sum of: all the uncollected      for the appeal and set out the reasons the applicant
taxes as of the date the property was conveyed to the    believes the Board should reverse the Director's de-
County; an amount equal to taxes which would have        cision. The Department shall promptly deliver a
accrued after conveyance to the county, including        copy of the request for appeal together with a copy
accrued interest and interest which would have ac-       of the Director’s reasons for denial prior to the ap-
crued after conveyance to the county; penalties;         peal hearing.
municipal liens; delinquent sewer liens; special as-
sessments; costs of maintenance or nuisance abate-               (5) When an appeal is filed, at the next
ment, and administrative expenses which shall in-        regular Board meeting at which the matter can be
clude, but not be limited to, title searches, expense    presented, the Board shall schedule a hearing to hear
of document preparation and recording fees.              the appeal.

        (2) All repurchase contracts shall include                (6) The Board will determine the disposi-
provisions for prepayment of real property taxes         tion of the appeal based on the following:
with any debt service installment payments.
                                                                     (a) Whether the applicant meets the
    (D) Appeal Process For Contract Denials              contract qualifications and requirements stated in §
                                                         7.402(B);
        (1) The Department may deny any timely
or other application for repurchase by contract if the               (b) Whether the applicant filed a com-
applicant fails to submit sufficient evidence to show    pleted repurchase application within the time re-
compliance with contract qualifications in §             quired by § 7.402(A)(1);
7.402(B).
                                                                      (c) Whether the applicant filed an ap-
         (2) The Director shall give notice of denial    peal in the manner required by § 7.402(D)(3)&(4);
in writing to the applicant by regular mail. The no-
tice of denial shall include:                                         (d) Whether other extenuating circum-
                                                         stances exist.
            (a) A statement of the reason(s) for the
denial.                                                      (E) Appeal Process for Contract Cancellation

            (b) Explanation of how the decision of                (1) If at any time a contract is in default and
the Director may be appealed to the Board, and           subject to cancellation, the Director may give notice
                                                         of default in accordance with the repurchase con-
            (c) Explanation of the actions neces-        tract.
sary to request an administrative exception.



                                                                                                     (S-1 2012)
12                     Multnomah County – Chapter 7 - County Management


         (2) Any contract purchaser may request the                  (B) Any property not sold at auction may there-
Director to grant relief from cancellation by request            after be sold at private sale subject to the require-
in writing to the Director within fifteen (15) days af-          ments of ORS 275.200.
ter notification of default. The Director will make a            (Ord. 971, Renum27.153, 12/20/2001, eff. 1/1/2002 and
determination within fifteen (15) days thereafter                7/1/2002 (for budget); Ord. 968, Amended, 11/08/2001; Ord.
                                                                 950, Added, 08/24/2000, eff. 10/01/2000)
whether to modify the contract, grant other appro-
priate relief or to specify a date the contract will be          § 7.404         PROCEDURE FOR
canceled.                                                                        DESIGNATING SIGNIFICANT
                                                                                 ENVIRONMENTAL AND
        (3) If the Director denies a request for relief                          COMPELLING GREENSPACE
from contract cancellation, the Department shall                                 PROPERTY.
give the purchaser notice of the reasons therefore in
writing by regular mail. The notice shall include in-                (A) A Greenspace Review Committee (GRC) is
formation on how the contract may be appealed to                 established to review tax foreclosed properties to
the Board.                                                       identify significant environmental and compelling
                                                                 greenspace property. The GRC shall consist of not
         (4) Within fifteen (15) days after the Direc-           less than five members to serve at the pleasure of
tor’s denial, the repurchaser may either pay off the             the Board.
balance of the contract in cash, or appeal the pro-
posed contract cancellation to the Board. The appeal                 (B) As soon as practicable after the annual com-
shall be in writing, recite the facts forming the basis          prehensive county deed is recorded for tax fore-
for appeal and reflect the reasons the petitioner be-            closed properties, the Department shall provide a list
lieves the Board should reverse the Director’s deci-             of the properties and any documents relating to the
sion.                                                            properties to the GRC. The GRC may utilize the
                                                                 following factors in a “ Greenspaces Screen” to
        (5) When an appeal is filed, at the next                 evaluate significant environmental property:
regular Board meeting at which the matter can be
presented, the Board shall schedule a hearing to hear                   (1) The Greenspaces Inventory established
the appeal.                                                      by Metro
        (6) The Department shall provide the Board                       (2) The Significant Environmental Con-
a copy of the Director’s notice of denial prior to the           cerns Zone established by Multnomah County
appeal hearing. At the appeal hearing, the Board
may affirm the Director’s decision to cancel the                         (3) An environmental protections zone es-
contract or fashion other appropriate relief, includ-            tablished by a city
ing reinstatement or modification of the contract.
(Ord. 1190, Amended, 05/03/2012; Ord. 971, Renum27.152,
12/20/2001, eff. 1/1/2002 and 7/1/2002 (for budget); Ord. 950,           (4) An environmental conservation zone es-
Added, 08/24/2000, eff. 10/01/2000)                              tablished by a city

§ 7.403          PROPERTY SALE                                           (5) Park Deficiency Area Standards (until
                 RESTRICTIONS.                                   new criteria can be developed and unless otherwise
                                                                 directed by a local jurisdiction the “ National Park
    (A) All property ordered to be sold at public                and Recreational Association” standards will be
auction under the provisions of ORS 275.110 shall                used)
be sold by the Sheriff for not less than the minimum
bid price established by resolution of the Board.                       (6) The Combined Sewer Overflow area as
                                                                 determined by the City of Portland.




(S-1 2012)
                                     Chapter 7 - County Management                                                           13


    (C) Within 30 days after receipt of the list of                  (C) Within 30 days after receipt of the list of
available properties, the GRC will determine which               available properties, the HRC will determine which
are significant environmental and compelling green-              are buildable properties, and provide written con-
space property and provide written confirmation that             firmation that identifies each property so designated
identifies each property so designated by its legal              by its legal description and street address, if avail-
description and street address, if available, to the             able, to the Department.
Department.                                                      (Ord. 1166, Renum27.402, 07/08/2010; Ord. 1061, Re-
                                                                 num7.405, 05/26/2005, eff. 7/1/2005; Ord. 971, Renum27.156,
                                                                 12/20/2001, eff. 1/1/2002 and 7/1/2002 (for budget); Ord. 968,
     (D) The GRC's recommendations shall be noted                Amended, 11/08/2001; Ord. 950, Added, 08/24/2000, eff.
in any notification to governmental entities of prop-            10/01/2000)
erties available for public use transfers under this
subchapter.                                                      § 7.406          PROCEDURE FOR RESOLVING
                                                                                  CONFLICTS BETWEEN
     (E) The GRC may make recommendations to                                      DESIGNATED COMPELLING
the Board at any time regarding properties recom-                                 GREENSPACE PROPERTY AND
mended for public use for park, open space or natu-                               BUILDABLE PROPERTY.
ral area uses if any such property is not transferred
for a public purpose under any provision of this                     (A) If after review by the HRC and the GRC
subchapter.                                                      there are any properties that have been designated
(Ord. 1166, Renum27.401, 07/08/2010; Ord. 1061, Re-              both buildable and compelling greenspace, then
num7.404, 05/26/2005, eff. 7/1/2005; Ord. 971, Renum27.154,
                                                                 within 15 days the Department will convene a joint
12/20/2001, eff. 1/1/2002 and 7/1/2002 (for budget); Ord. 968,
Amended, 11/08/2001; Ord. 950, Added, 08/24/2000, eff.           meeting of the GRC and the HRC. If the commit-
10/01/2000)                                                      tees cannot agree on a recommended use for each
                                                                 property at the joint meeting, the Department Direc-
§ 7.405          PROCEDURE FOR                                   tor will decide what use to recommend to the Board.
                 DESIGNATING BUILDABLE
                 PROPERTY FOR HOUSING                                (B) The Board shall confirm or reverse the rec-
                 PURPOSES.                                       ommendation of the joint committees prior to any
                                                                 affected properties being made available for green-
    (A) An Affordable Housing Review Committee                   space, housing or governmental purposes.
(HRC) is established to make recommendations to                  (Ord. 1166, Renum27.403, 07/08/2010; Ord. 1061, Re-
the Board regarding all disposition of tax foreclosed            num7.406, 05/26/2005, eff. 7/1/2005; Ord. 971, Renum27.160,
                                                                 12/20/2001, eff. 1/1/2002 and 7/1/2002 (for budget); Ord. 968,
property for affordable housing under the proce-                 Add, 11/08/2001)
dures of Affordable Housing Development Program
(AHDP). The HRC members are appointed by the                     § 7.407          REQUESTING TRANSFER OF
Chair and approved by the Board. The HRC is com-                                  TAX FORECLOSED PROPERTY
posed of representatives from: the City of Gresham,                               TO GOVERNMENTS FOR NON
the City of Portland, the Community Development                                   HOUSING PURPOSES.
Block Grant Urban County Policy Advisory Board,
a philanthropic organization, the banking industry,                   (A) As soon as practicable after the procedures
the Citizen Involvement Committee and the Board.                 set forth in MCC §§ 7.404 – 7.406 have been com-
                                                                 pleted, the Department shall mail a list of property
     (B) As soon as practicable after the annual                 available to government units and officially recog-
comprehensive county deed is recorded for tax fore-              nized neighborhood associations in Multnomah
closed properties after the expiration of the redemp-            County with a notice that the properties are eligible
tion period, the Department shall provide a list of              for transfer, for non-housing purposes only.
the properties to the HRC. The Department shall
also provide the HRC with the documents provided                     (B) Properties having characteristics identified
to the GRC under §7.404(B).                                      under § 7.404 or § 7.405 shall be identified on the
                                                                 property list.

                                                                                                                  (S-1 2012)
14                  Multnomah County – Chapter 7 - County Management



     (C) A governmental unit may request transfer of           (I) Property maintenance by Multnomah
listed property within 60 days after notice of prop-       County shall cease upon transfer of the title to the
erty availability was first mailed. All requests shall     receiving agency.
be on forms provided by the Department and must            (Ord. 1166, Amended, 07/08/2010; Ord. 1061, Amended,
be authorized by the requesting governing body.            05/26/2005, eff. 7/1/2005; Ord. 971, Renum27.161, 12/20/2001,
                                                           eff. 1/1/2002 and 7/1/2002 (for budget); Ord. 968, Re-
                                                           num&Amend, 11/08/2001, from 27.155; Ord. 950, Added,
     (D) The Department shall report to the Board all      08/24/2000, eff. 10/01/2000)
requests for transfer of property by governments.
The report shall identify the governmental entity re-      § 7.408         PROCEDURE FOR
questing transfer, a description of the property, the                      REQUESTING TRANSFER OF
amount of, taxes owed when the property was con-                           TAX FORECLOSED PROPERTY
veyed to the county, all maintenance costs incurred                        FOR HOUSING PURPOSES.
by the county, and the applicant’s proposed public
use.                                                            (A) As soon as practicable after the procedures
                                                           set forth in MCC §§ .7.401 – 7.406 have been com-
     (E) The Board shall schedule a public hearing         pleted, the Department shall mail a list of property
as soon as practically convenient. The Department          available to non-profit housing sponsors with a no-
shall publish notice of the scheduled public hearing       tice that the properties are eligible for transfer, for
in a newspaper of general circulation in the county        low-income housing purposes only.
for two successive weeks. The notice shall describe
the property, state that the Board will accept com-            (B) The HRC shall consider requests for use of
ments concerning the transfer at the hearing and           these properties for low-income housing according
where a copy of the Department’s report can be ob-         to procedures established by the AHDP and ap-
tained. A copy of the notice shall be mailed to ap-        proved by the Board.
plicants and other persons requesting such notice.
                                                               (C) Written applications by housing sponsors
    (F) At the conclusion of the hearing, the Board        shall be filed with AHDP within 45 days after notice
may approve the transfers if the Board determines          of property availability was first mailed. All re-
the transfers will serve the public interest. The          quests shall be on forms provided by AHDP and
Board shall also determine whether such transfers          must be accompanied by a non-refundable applica-
are for monetary consideration or no consideration.        tion fee as set by Board resolution.

     (G) Conveyances of property transferred to gov-            (D) Within 60 days after receipt of applications
ernmental entities for a public purpose without con-       for property, the HRC will prepare disposition rec-
sideration, other than housing, shall provide that         ommendations to the Board. Recommendations
should the property cease to be used for a public          shall be based on the sponsoring organization’s sta-
purpose, the title shall revert to the county. This re-    bility and viability, the project plan, financial plan
striction shall not apply to transfers to a governmen-     and community support.
tal body in exchange for payment of the amount of
taxes and costs for which the property is liable.              (E) Within seven days after AHDP determines
                                                           any property will not be transferred to a non-profit
     (H) For those properties approved by the Board        housing sponsor, because no applications for the
for transfer to governmental entities, transfer of title   property were received or approved, AHDP shall
shall occur within 60 days, or as soon after as prac-      provide the Department with a list of those remain-
ticable. Refusal of the receiving entity to accept title   ing properties. If any such properties were also not
shall void approval of such transfer and shall result      designated by the GRC as compelling greenspace
in the property being disposed of as provided by
law.


(S-1 2012)
                                   Chapter 7 - County Management                                                      15


property, they may be added to the inventory of tax           (F) Within seven days after the GRC deter-
foreclosed properties available for disposition ac-       mines any property will not be transferred to an
cording to law. If any properties were designated         open space preservation sponsor, the GRC shall
compelling greenspace property, the GRC may at its        provide the Department with a list of properties not
discretion consider proposals for use of any such         required for open space, parks or natural areas. If
property as open space, parks or natural areas under      such properties were also not selected by AHDP,
MCC § 7.409.                                              they may be added to the inventory of tax foreclosed
(Ord. 1166, Renum27.404, 07/08/2010; Ord. 1061, Re-       properties available for disposition according to law.
num7.408&Amd, 05/26/2005, eff. 7/1/2005; Ord. 971, Re-    (Ord. 1166, Renum27.405, 07/08/2010; Ord. 1061, Re-
num27.162, 12/20/2001, eff. 1/1/2002 and 7/1/2002 (for    num7.409, 05/26/2005, eff. 7/1/2005; Ord. 971, Renum27.163,
budget); Ord. 968, Renum&Amend, 11/08/2001, from          12/20/2001, eff. 1/1/2002 and 7/1/2002 (for budget); Ord. 968,
27.156(E)(F)&(G))                                         Renum&Amend, 11/08/2001, from 27.157; Ord. 950, Added,
                                                          08/24/2000, eff. 10/01/2000)
§ 7.409         PROCEDURE FOR
                REQUESTING TRANSFER OF                    § 7.410          PROCEDURE FOR
                TAX FORECLOSED PROPERTY                                    DISPOSITION OF REQUESTS
                FOR OPEN SPACE, PARKS OR                                   FOR TRANSFER OF TAX
                NATURAL AREAS.                                             FORECLOSED PROPERTY FOR
                                                                           HOUSING AND FOR OPEN
    (A) Requests for properties for open space,                            SPACE, PARKS OR NATURAL
parks or natural areas will be considered according                        AREAS.
to procedures established by the Department in con-
junction with the GRC.                                        (A) Not less than 15 days after receiving the
                                                          recommendations from the GRC and AHDP, the
    (B) A list of properties remaining after transfer     Board shall schedule a public hearing to receive
requests of governmental units, shall be submitted to     public comments concerning the proposed property
the GRC.                                                  transfers.

    (C) The GRC shall, within 30 days after receipt           (B) The Department shall publish notice of the
of the list of available properties, advise the De-       scheduled hearing in a newspaper of general circula-
partment which properties meet the GRC’s criteria         tion in the county for two successive weeks. The no-
for appropriate use as open spaces, parks or natural      tice shall state the description or location of the
areas. Within ten days thereafter, the Department         properties and that the Board will hear comments
shall mail a notice setting forth the list of available   concerning the transfer at the hearing. A copy of the
properties to neighborhood associations and non-          notice shall be mailed to the applicants and applica-
profit corporations that have requested the Depart-       ble neighborhood associations and to other persons
ment to provide such notice together with an appli-       requesting such notice.
cation form.
                                                              (C) Approval of transfers shall be based upon
    (D) Written applications by nonprofit corpora-        the degree proposals for transfer are feasible and in
tions shall be filed with the GRC within 45 days af-      the public interest. Transfers to Non-Profit Housing
ter notice of property availability was first mailed.     Sponsors may be for consideration or for no consid-
All requests shall be on the application forms pro-       eration. Transfers in connection with the county Af-
vided with the notice.                                    fordable Housing Development Program shall re-
                                                          quire a non-refundable transfer fee as set by Board
    (E) Within 60 days after receipt of applications,     resolution to offset the cost of administration. The
the GRC will prepare disposition recommendations          transfer fee may be waived or reduced by the Board
to the Board. Recommendations shall be based on           upon a finding that a waiver or reduction is neces-
the sponsoring organization’ s stability and viability,   sary. Transfers to Open Space Preservation Spon-
the project plan, financial plan and community sup-       sors shall be for consideration.
port.


                                                                                                           (S-1 2012)
16                     Multnomah County – Chapter 7 - County Management


    (D) For those properties approved for transfer to            ration of the two year redemption period for tax
non-profit housing sponsors or to open space pres-               foreclosed properties which suffer abandonment or
ervation sponsors, the transfer of title shall occur             waste and to require the tax collector to convey title
within 60 days, or as soon after as practicable. Re-             to the County, permitting earlier County interven-
fusal of the receiving entity to accept title shall void         tion to preserve the value of tax foreclosed property,
approval of such transfer.                                       enhancing recovery of delinquent taxes and protect-
                                                                 ing and preserving community interests.
    (E) A property approved for transfer to an open
space preservation entity shall revert back to the                   (D) The interests of the County, through protec-
county if the receiving entity ceases to use the prop-           tion of the health and welfare of its residents and
erty for the intended purpose set forth in this ordi-            preserving the value of tax foreclosed properties, re-
nance. The Department shall develop and imple-                   quire that this ordinance be enacted as an emergency
ment a system for monitoring compliance by the re-               measure to meet and effectively deal with the prob-
ceiving open space preservation sponsors with the                lems attendant in the foreclosure of tax delinquent
terms of transfer.                                               properties.
                                                                 (Ord. 1190, Add, 05/03/2012)
    (F) Property maintenance by Multnomah
County shall cease upon transfer of the title to the             § 7.422         DEFINITIONS.
receiving entity.
(Ord. 1166, Renum27.406, 07/08/2010; Ord. 1061, Re-                  For the purposes of this subchapter, unless the
num7.410, 05/26/2005, eff. 7/1/2005; Ord. 971, Renum27.164,      context requires otherwise, the following terms are
12/20/2001, eff. 1/1/2002 and 7/1/2002 (for budget); Ord. 968,   defined as follows:
Renum&Amend, 11/08/2001, from 27.158; Ord. 950, Added,
08/24/2000, eff. 10/01/2000)
                                                                      ABANDONMENT. The subject property is
                                                                 not occupied by the owner or others authorized by
REDUCED REDEMPTION AND FORFEITURE                                the owner, or any entity appearing in the records
    OF TAX FORECLOSED PROPERTY                                   of the County to have a lien or other interest in the
                                                                 property, for a period of six consecutive months,
(Ord. 1190, Add, 05/03/2012)                                     and the property has suffered a substantial depre-
                                                                 ciation in value or will suffer a substantial depre-
§ 7.421          FINDINGS.                                       ciation in value if not occupied.

     (A) Properties ordered foreclosed for delinquent               BOARD: Board of County commissioners of
taxes by the court do not legally pass into County               Multnomah County, Oregon.
ownership for two years thereafter during which pe-
riod persons with recognized legal interests may pay                DIRECTOR. Director of the Department of
all required taxes to redeem their property.                     County Management, the Director's designee or the
                                                                 Multnomah County Tax Collector:
     (B) During the two year redemption period
many properties remain vacant or undeveloped re-                      INTERESTED PARTY. Any person or entity
sulting in significant deterioration and loss of value           that appears in the records of Multnomah County to
for the property as well as contributing to decline of           have a lien or other interest in the subject property at
neighborhoods, discouraging investment and attract-              the time the notice issues pursuant to MCC 7.424.
ing nuisances through accumulation of discarded
material, occupancy by unauthorized persons and                       OWNER. Any person or entity that so appears
establishment of criminal enterprises.                           in the records of Multnomah County for the subject
                                                                 property.
   (C) The 1989 legislature created authority for
counties to enact ordinances to accelerate the expi-


(S-1 2012)
                                 Chapter 7 - County Management                                                 17


    RECORDS OF MULTNOMAH COUNTY.                         persons will be forfeit forever unless the property is
Those records kept by Multnomah County in com-           redeemed within that 30 day period;
pliance with ORS 312.125 (7)
                                                                 (5) Legal description of the property and its
    WASTE. The destruction, material alteration or       tax account number;
deterioration of land or improvements thereon,
caused by the owner or by anyone acting under                     (6) The name of the owner as it appears on
permission or control of the owner. For purposes of      the latest tax roll.
this definition “acting under the control of the
owner” means that the owner has failed to prevent            (B) The notice required herein shall be ad-
others with or without the owner’s permission from       dressed in the following manner, as appropriate:
committing waste of the subject property.
(Ord. 1190, Add, 05/03/2012)                                     (1) If the notice required under this section
                                                         is to be given to an owner, the notice shall be ad-
§ 7.423         WASTE OR ABANDONMENT.                    dressed to the owner or owners, as reflected in the
                                                         county records of deeds, at the true and correct ad-
    If the Director determines that any tax fore-        dress of the owner as appearing on the instrument of
closed property sold to the County pursuant to ORS       conveyance under ORS 93.260 or as furnished un-
312.100, may suffer waste or abandonment during          der ORS 311.555 or as otherwise ascertained by the
the two year statutory redemption period, the Direc-     tax collector of the county pursuant to ORS
tor may require and conduct a hearing as further         311.560.
provided for herein to determine whether such prop-
erty should be deeded to the county earlier than as                (2) If the interested party to whom the no-
provided at ORS 312.200.                                 tice is required to be given is a lienholder, or person
(Ord. 1190, Add, 05/03/2012)
                                                         or entity other than the owner, having or appearing
§ 7.424         NOTICE OF DIRECTOR'S                     to have a lien or other interest in the property, the
                HEARING.                                 notice shall be addressed to the lienholder, person or
                                                         entity at the address that the county knows or after
    (A) Not less than 30 days prior to the hearing       reasonable inquiry has reason to believe to be the
conducted by the Director, the Director shall notify     address at which the lienholder, person or entity will
or cause to be notified the owner, any interested        most likely receive actual notice.
party, and the occupants of the property, in writing
and by both certified and regular first class mail, of            (3) If the interested party is lienholder
the following:                                           which is a corporation or a limited partnership, the
                                                         county shall be considered to have made reasonable
          (1) The date, time and place of hearing;       inquiry if the notice is mailed to the registered agent
                                                         or last registered office of the corporation or limited
        (2) The date of the judgment entered pursu-      partnership, if any, as shown by the records on file
ant to ORS 312.100;                                      in the office of the Corporation Commissioner, or if
                                                         the corporation or limited partnership is not author-
         (3) The normal date of expiration of the pe-    ized to transact business in this state, to the principal
riod of redemption under ORS 312.120;                    office or place of business of the corporation or lim-
                                                         ited partnership.
                                                         (Ord. 1190, Add, 05/03/2012)
         (4) A warning that a determination that the
property suffers waste or abandonment will result in     § 7.425         HEARING PROCEDURES.
forfeiture of the remaining redemption period and
issuance of a deed to the County following expira-           (A) The hearing shall be conducted in a manner
tion of 30 days from the date the Board makes such       calculated to permit full opportunity for the parties
final determination and that all rights of effected      to present and challenge evidence and for the receipt


                                                                                                     (S-1 2012)
18                    Multnomah County – Chapter 7 - County Management


of evidence without strict observance of formal evi-      and remedies available to the County as authorized
dentiary rules, to the end that the Director may have     or provided by law.
sufficient basis on which to recommend to the
Board that forfeiture is appropriate.                         (F) Review of the Board's decision shall be
                                                          taken solely and exclusively by writ of review,
    (B) Parties to the hearing may appear through a       pursuant to ORS 34.010 to 34.100.
representative, so long as written authorization of       (Ord. 1190, Add, 05/03/2012)
any non-attorney to represent the owner or lien-
holder is included in the record. Electronic re-
cording of the proceeding shall be made and pre-             SALE OF SEIZED PERSONAL PROPERTY
served for not less than one year after the date of the
                                                          (Ord. 971, Renum27.400*, 12/20/2001, eff. 1/1/2002 and
hearing.                                                  7/1/2002 (for budget))
(Ord. 1190, Add, 05/03/2012)
                                                          § 7.460-         SALE FOR AMOUNT DUE.
§ 7.426         FINAL DETERMINATION,
                ENFORCEMENT AND REVIEW.
                                                              The personal property tax collector or any des-
                                                          ignee shall first attempt at public auction to sell
    (A) After the hearing, the Director shall prepare
                                                          seized personal property for the taxes, interest and
written findings regarding waste or abandonment,
                                                          penalties due thereon.
submit such findings and a recommendation to the          (Ord. 971, Renum27.400-, 12/20/2001, eff. 1/1/2002 and
Board, and set a date for Board consideration and         7/1/2002 (for budget); ‘ 90 Code, § 5.20.005, 07/01/1998; Ord.
final determination at the next available regular         734, passed, 10/01/1992)
meeting. No further evidence shall be taken by the
Board at that time, but the Board may remand to the       § 7.461          INSUFFICIENT BID.
Director should it require further investigation.
                                                              (A) If no bidder at the sale offers to pay the
     (B) If the Board adopts the recommendation of        amount due, the personal property tax collector may
the Director, it may then direct the tax collector to     then attempt to sell the property at the same auction.
deed the property to the County not earlier than
thirty (30) days from the date of the Board’s deter-          (B) The personal property tax collector shall sell
mination of waste or abandonment and the declara-         the property at the auction if, based on the informa-
tion of forfeiture, during which period the property      tion available at the time, it is determined that:
may be redeemed by any party otherwise authorized
by law to redeem the property. .                                  (1) The county may incur significant costs
                                                          to keep the property until a later sale;
    (C) Upon failure of any authorized party to re-
deem within 30 days after the Board acts, the tax                  (2) The county may not get the best possi-
collector shall execute and record a deed, terminat-      ble price at a later sale.
ing all redemption rights and cancelling all taxes        (Ord. 971, Renum27.401, 12/20/2001, eff. 1/1/2002 and
                                                          7/1/2002 (for budget); ‘ 90 Code, § 5.20.010, 07/01/1998; Ord.
and special assessments.
                                                          734, passed, 10/01/1992)

     (D) The provisions of MCC 7.401(D) shall not
apply to any property deeded to the County pursuant
to this section.

    (E) Should any parties remain in possession of
the property after the execution and recording of the
deed as provided herein, the County shall seek pos-
session of the property pursuant to any and all rights


(S-1 2012)
                                 Chapter 7 - County Management                                                19




                           BEFORE THE BOARD OF COUNTY COMMISSIONERS
                                FOR MULTNOMAH COUNTY, OREGON

                                         RESOLUTION NO. 2010-109

Establishing Fees and Charges for Chapter 7, County Management, of the Multnomah County Code and Repeal-
ing Resolution No. 05-085

The Multnomah County Board of Commissioners Finds:

a.       The Multnomah County Code provides that the Board shall establish certain fees and charges by resolu-
         tion.

b.       The Board adopted Resolution 05-085 establishing fees for MCC Chapter 7, Business and Community
         Services on May 26, 2005.

c.       On July 8, 2010, the Board enacted an ordinance making housekeeping amendments to align departmen-
         tal procedures and moving certain code sections from Chapter 27 to Chapter 7. It is necessary to add the
         fees and charges referenced in those code sections to Chapter 7.

d.       All fees and charges established by Resolution 05-085 relating to the Department of County Management
         (MCC Chapter 7) remain the same.

The Multnomah County Board of Commissioners Resolves:

1.       The fees and charges for Chapter 7, County Management, of the Multnomah County Code are set as fol-
         lows:

     Section 7.002.       DISHONORED CHECK FEES.

     The fee for processing a dishonored check, draft or money order is $25.00.

     Section 7.005.       INTEREST FEES.

     The interest rate on receivables is 1.5% per month.

     Section 7.006:       PURCHASING AND HANDLING FEES.

     (A) The fee for purchasing and stores services is 10% of the value of goods purchased and handled.

     (B) If at any time the value of a particular good drops significantly and the Department has determined that
the 10% fee will not defray the County’s expenses for providing purchasing and stores services for that good an
alternative amount to the 10% fee may be charged. The alternative amount shall be established by a method de-
termined by the Department Director to adequately defray the County’s expenses for the provision of purchasing
and stores services for the particular good.




                                                                                                     (S-1 2012)
20                    Multnomah County – Chapter 7 - County Management


     Section7.008.    ASSESSMENT AND TAXATION FEES.

    (A) For any printout or copy of an appraisal card for any tax account, the division of assessment and taxation
shall charge a fee of $1.00 per page, provided that where printouts or appraisal cards are requested and provided
for more than one tax year or for any tax year other than the current year, the division shall charge an additional
fee of $1.00 for each such year.

    (B) For the division’s services in gathering, preparing or providing nonstandard information upon request, the
division shall collect a fee equal to its actual cost, as determined by the director of the division.

     (C) In addition, the division shall charge the following fees for copies provided by it:

          MICHROFICHE
          Assessment roll                                             $ 100.00
          Property owners index                                          25.00
          Property address index                                         25.00

          Sales data—per month                                           50.00
          Individual copies of microfiche:
              First copy                                                10.00
              Each additional copy                                       1.00
          Merged recording indices                                     100.00
          Record indexing fee, per document                              1.00

          ELECTRONIC FILES
          Assessment roll                                              200.00
          Property Administration                                      100.00
          Tax bills                                                    100.00
          Delinquent taxes                                              50.00
          Situs address                                                 75.00
          Sales                                                         75.00
          Deeds                                                         75.00
          Property Owners                                               75.00
          Property Improvement Characteristics                         300.00
          Property Land Characteristics                                 75.00


     Section 7.303.       DOMESTIC PARTNERSHIP REGISTRATION FEES:

         Filing Fees:
                Registration:              $60 to be distributed as follows:




(S-1 2012)
                                 Chapter 7 - County Management                                                 21


                                                                   $25          to county (General Fund) for
                                                                                processing
                                                                   $25          to the Multnomah County Com-
                                                                                munity and Family Services –
                                                                                Clearinghouse to be used for safe
                                                                                housing for Domestic Violence
                                                                                victims
                                                                   $10          for conciliation services provided
                                                                                under ORS §§ 107.5100 to
                                                                                107.610
                Termination:               $25.00                               to county for processing

   Section 7.405. PROCEDURE FOR REQUESTING TRANSFER OF TAX FORECLOSED PROPERTY
FOR HOUSING PURPOSES:

         Non-refundable Application Fee:            $ 50.00

   Section 7.410. PROCEDURE FOR DISPOSITION OF REQUESTS FOR TRANSFER OF TAX FORE-
CLOSED PROPERTY FOR HOUSING AND FOR OPEN SPACE, PARKS OR NATURAL AREAS:

      Non-refundable Transfer Fee:             $200.00

2.       This resolution takes effect and Resolution 05-085 is repealed on July 22, 2010.

ADOPTED this 22nd day of July 2010.

                               BOARD OF COUNTY COMMISSIONERS
                               FOR MULTNOMAH COUNTY, OREGON


                                  Jeff Cogen, Chair


REVIEWED:

AGNES SOWLE, COUNTY ATTORNEY
FOR MULTNOMAH COUNTY, OREGON

By
     Agnes Sowle, County Attorney




                                                                                                      (S-1 2012)

				
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