Chapter 12.04
ROAD ACCESS
Sections:
12.04.070 Application for access permit.
12.04.075 Access management standards.
12.04.090 Exemptions from fee.
12.04.100 Application approval or disapproval.
12.04.110 Time limit for access construction.
12.04.130 Suspension or revocation of access permit.
12.04.140 Violation declared to be a nuisance.
12.04.010 Title.
This chapter shall be known as the Crook County road access ordinance of 1981. (Ord. 9 Amd. 1 § 1, 1981)
12.04.020 Purpose.
The purpose of this chapter is to promote the orderly and efficient maintenance and development of the Crook County road system and dedicated public roads within Crook County to ensure that new access to said roads is created in such a manner so as to minimize public safety hazards, ensure proper access, and prevent unnecessary expenditures of public funds in the maintenance of said system. (Ord. 9 Amd. 1 § 2, 1981)
12.04.030 Interpretation.
The provisions of this chapter shall be construed to effect the purposes set forth in CCC 12.04.020. These provisions are declared to be the minimum requirements fulfilling such objectives. (Ord. 9 Amd. 1 § 3, 1981)
12.04.040 Definitions.
As used in this chapter, the following words and phrases shall mean:
(1) “Access” means the right given to vehicles and pedestrians to cross between a county road or publicly dedicated road and other property, either public or private, allowing pedestrians or vehicles to enter and leave such property for the use thereof. The term “access” may also include the physical improvements, if any, constructed to facilitate the exercise of this right.
(2) “County” means the county court for Crook County, Oregon, or its authorized and designated representative.
(3) “Owner” means an owner of property or the authorized agent of an owner.
(4) “Person” means any natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicate, governmental unit, or any group or combination of the above, acting as a unit.
(5) “Road” or “street” means a public or private way which is created or used to provide ingress or egress for persons or vehicles to one or more lots, parcels, areas or tracts of land in conjunction with the use of such land. (Ord. 9 Amd. 1 § 4, 1981)
12.04.050 Exemption.
There shall be no exemptions from the application of this chapter unless an owner, by hearing before the county, can establish by clear and convincing evidence that his proposed access does not fall within the purpose of this chapter as set forth in CCC 12.04.020. No such exemption granted by the county shall be effective until reduced to writing and signed by a majority of the Crook County court. (Ord. 9 Amd. 1 § 5, 1981)
12.04.060 Permit required.
(1) No person shall create or effect the creation of access to a designated county road of Crook County, Oregon, or to a dedicated public road located in Crook County, Oregon, unless such person holds a permit issued by Crook County in the name of such person for the specific construction or installation of the access proposed.
(2) Permits must be obtained prior to the commencement of any access construction. In the event that an access is created or constructed without a permit, the county may take whatever action necessary to vacate or remove the access, including but not limited to entry upon private property and the use of county equipment and personnel to physically remove said access. (Ord. 9 Amd. 1 § 6, 1981)
12.04.070 Application for access permit.
Any application for an access permit shall be made to the Crook County planning department on a form prescribed by the county. Said forms shall be available from the office of the Crook County planning department. All completed applications shall be filed with the Crook County planning department and shall be reviewed by the Crook County roadmaster and forwarded to the Crook County planning department with the recommendation of the Crook County roadmaster for approval or denial. The final approval shall be made by the Crook County planning department. (Ord. 9 Amd. 1 § 7, 1981)
12.04.075 Access management standards.
All road access applications are subject to the access management standards set forth in Chapter 18.176 CCC. (Ord. 303 § 1 (Exh. C), 2017)
12.04.080 Permit fee.
A permit application required by this chapter shall be accompanied by a filing fee in an amount set by the order of the county court. (Ord. 9 Amd. 2 § 2, 1986; Ord. 9 Amd. 1 § 8, 1981)
12.04.090 Exemptions from fee.
The following entities are exempt from the payment of the access permit application fee: the state of Oregon and the United States of America and any subdivision or agency thereof; any municipal corporation or department thereof; and any public service district created and functioning under Oregon laws. (Ord. 9 Amd. 1 § 9, 1981)
12.04.100 Application approval or disapproval.
The Crook County roadmaster shall, within 10 working days, examine any application received for an access permit and shall submit said application with his recommendation to the Crook County planning department for approval or disapproval. Upon receipt of the application, the county planning department shall, at its earliest convenience, but in any event within 20 days of receipt of the application, and in accordance with access standards adopted by order of the county court:
(1) Approve the application as presented; or
(2) Approve the application upon the condition that the owner make certain modifications which shall be specified by the county planning department; or
(3) Disapprove the application. In the case of disapproval, the county planning department shall furnish a written statement to the applicant setting forth the reasons for the disapproval.
(4) In the event no action is taken by the county planning department within the time limits set forth hereinabove, the access permit shall be deemed to have been approved and issued, subject to suspension or revocation for cause as set forth in CCC 12.04.130. (Ord. 9 Amd. 1 § 10, 1981)
12.04.110 Time limit for access construction.
Construction of any access permitted under this chapter shall be completed within six months after the date the application is approved or deemed approved by the county planning department. Extensions of time may be made in the sole discretion of the county planning department for good cause shown for delay. (Ord. 9 Amd. 1 § 11, 1981)
12.04.120 Final inspection.
Within 10 days of completion of the construction of an access permitted under this chapter, the owner shall notify the Crook County planning department of said completion. Within 10 working days of receipt of said notice, the Crook County roadmaster shall cause an inspection to be made of the completed construction and shall either issue a certificate of satisfactory completion or shall withhold such certificate until such time as it is determined that there is compliance with the permit as issued, or until such time as the permit is suspended or revoked. In the event that the Crook County roadmaster does not inspect the work within the time limit set forth above, a certificate of satisfactory completion shall be deemed to have been issued. (Ord. 9 Amd. 1 § 12, 1981)
12.04.130 Suspension or revocation of access permit.
The county planning department may, in writing, suspend or revoke a permit issued or deemed to have been issued under this chapter when:
(1) The permit has been issued in error or on the basis of incorrect information supplied to the county planning department.
(2) The owner has failed to comply with conditions of the permit.
(3) The owner has failed to comply with applicable local or state regulations governing the construction of the access.
A permit suspension or revocation under this section takes effect when signed by the Crook County planning department. Notice of the suspension or revocation shall be given to the owner by mailing a copy of the suspension or revocation to his address as shown on the permit application. The owner may apply to the county court to set aside the order suspending or revoking the access permit. Such an application must be made within 20 days of the mailing of the notice of suspension or revocation, and a hearing on such an application is discretionary with the county court. (Ord. 9 Amd. 1 § 13, 1981)
12.04.140 Violation declared to be a nuisance.
The creation, location, construction, maintenance, repair or use of an access in violation of this chapter is deemed a nuisance. In the case of any such nuisance, the county court, the district attorney, or any person whose interest in real property in Crook County is or may be affected by the nuisance may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, abate, or remove the unlawful creation, location, construction, maintenance, repair or use of an access. (Ord. 9 Amd. 1 § 14, 1981)
12.04.150 Penalties.
Violation of any provisions of this chapter is punishable as follows:
(1) In every case where the creation, location, construction, maintenance, repair or use of an access is declared to be a violation of this chapter, each and every day for which any of these activities continues is a separate offense.
(2) A violation of this chapter which occurs for two days or more is a continuing offense.
(3) A person convicted of a noncontinuing offense may be punished by a fine not to exceed $250.00.
(4) A person convicted of a continuing offense may be punished by a fine not to exceed $500.00. (Ord. 9 Amd. 1 § 15, 1981)
12.04.160 Jurisdiction.
The circuit court located in Crook County, Oregon, shall have jurisdiction over any action brought to enforce the provisions of this chapter. (Ord. 149 Amd. 1 § 4, 2006; Ord. 9 Amd. 1 § 16, 1981)