Property Disposition

All parcels are sold AS-IS. Clackamas County does not offer Title Insurance, and the County shall make no warranties or guarantees regarding the title of the property offered for sale, but shall only sell and convey such interest as the County acquired by foreclosure or other means and holds at the time of sale. You as a potential bidder should thoroughly investigate all aspects of the property prior to bidding. Clackamas County Property Disposition does not guarantee or warrant that any parcel is usable for any particular purpose.

• Please consult the appropriate land use planning and building departments. Local Realtors, Title Companies and Attorneys may be of some assistance in your investigation.
• It is important to review zoning codes for permitted uses and requirements. For land use or zoning information on those properties located within the jurisdiction of Clackamas County, you may call the Clackamas County Planning Department 503-742-4500 or 503-742-4501. Clackamas County Planning does not have any zoning information on properties located within City limits.
• For land use or zoning information on properties located within City limits, contact the appropriate City for information: Lake Oswego, 503-635-0390; Milwaukie, 503-786-7630; Molalla, 503-829-7526; Oregon City, 503-657-0891; Tualatin, 503-692-2000; or West Linn, 503-657-0331.
• Most of the properties are foreclosure properties and therefore are considered legal lots of record, unless otherwise noted; however, the date the property became a legal lot of record may, in some instances, affect development potential. Please check with appropriate Planning Agencies.
• All development on these properties is subject to existing zoning and land use laws, for example: residential development is not allowed outright in the EFU and TBR Zoning Districts.
• In order to develop these properties a land use application must be submitted and approved by the County. Check with the appropriate Planning Agency.
• Any potential residential development, allowable by zoning, is subject to obtaining an approved method of sewage disposal (septic tank/drain field or sewer) and source of water. For information regarding septic tank/drain field approvals contact the Clackamas County Soils Department, 503-742-4740. For information regarding sewer connections, contact the appropriate sewer district. For information on obtaining well permits, contact the Oregon Department of Water Resources 503-986-0800.
• Any development within a floodplain may be subject to the requirements of the Clackamas County Floodplain Ordinance and/or Oregon State Regulations. Any development along the major rivers (i.e. Sandy, Clackamas, Salmon, Molalla, Tualatin, etc.) is also subject to the Principal Rivers Conservation Area Zoning Ordinance.
• Please consider checking wetland and geologic hazard map resources.

20% of the listed minimum bid is due as a deposit at the time of sale. The balance shall be due and deposited with Clackamas County Property Disposition no later than 2 business days following the auction. See ORAL PUBLIC Auction Rules below for more details.

If you have any questions regarding the Auction process, please contact Clackamas County Property Disposition at 503-742-4384. PLEASE NOTE: County office hours are 7 a.m. to 5:30 p.m., Monday through Thursday.

1. Minimum bid/Deposit:On the day of the Auction, all participants should have in hand cash or a cashier’s check equal to 20% of the minimum advertised price for each property they hope to acquire. Once accepted from the successful bidder, deposits are not refundable. Acceptable forms of payment shall be cash or cashier's check only. Personal checks, business checks or money orders will not be accepted. Cashier's checks should be made payable to: Clackamas County.
2. High Bid: The property shall be sold to the highest bidder who meets or exceeds the minimum advertised price. All sales shall receive final authorization before execution of the deed. The County Commissioners may authorize final sales, or may delegate the authority to authorize final sales to a named representative of a County agency
3. Cash Sales: All balances shall be due and payable to Clackamas County Property Disposition within two (2) business days following the Auction.
4. No Bids: If no acceptable bid is received at the public auction, the County may sell the parcel at a subsequent date pursuant to ORS Chapter 275.200(2).
5. Pre-bid Inspections: Bidder should thoroughly inspect property and /or circumstances. Property is sold "as is". Bidder should check with the appropriate city or county planning department to verify approved uses. County Commissioners reserve the right to reject any and all bids. All properties offered and sold at Auction are subject to all easements, conditions and restrictions of record. No surveys are made or have been made pursuant to the established property lines. All bidders should have inspected parcels prior to sale. Properties may be partially dedicated for public purposes for use for roads, easements or other purposes. Jurisdictional wetland may exist on the offered parcels. Development in wetlands may require permits from the Clackamas County Planning Dept., the Oregon Division of State Lands, and/or the US Army Corps of Engineers. The buyer acknowledges this possibility and assumes responsibility for appropriate permits or other requirements. Purchaser acknowledges the responsibilities as the LANDOWNER under Forest Practice Rules, as described in ORS 527.665-710 and as per OAR Chapter 629, Division 600 thru 699.
6. Title Insurance: Title Insurance is NOT provided by the County on properties being sold. While all titles are considered clear and free, the County shall not warrant or defend that titles are free of defects or encumbrances.

Oregon Revised Statute 275.088 governs sales of tax foreclosed real property to county officers, employees, and their family members and intermediaries. It is the sole responsibility of the bidder to determine if this statute applies to him or her. For more information contact Clackamas County Property Disposition at 150 Beavercreek Rd., Oregon City, Oregon 97045, 503-742-4384.

ORS 275.088 Sale to certain county officers or employees of real property acquired by foreclosure of tax lien; disposition of real property or proceeds of sale of real property acquired by ineligible purchaser.

1. As used in this section:
   1. "Actual conflict of interest" has the meaning given that term under ORS 244.020.
   2. "Bona fide purchaser" means a purchaser of a fee simple interest in a single property who acquires the property in an arm's-length transaction and for fair market value and adequate consideration.
   3. "Discretionary action" means an action committed to the sound judgment and conscience of a county officer or a county employee, acting in the official capacity of the officer or employee.
   4. "Ministerial action" means an action requiring obedience to specific instructions or law and allowing little or no discretion in its implementation.
2. An elected or appointed county officer as described in ORS 204.005, a family member of the officer or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens.
3. A county employee not included under subsection (2) of this section, a family member of the county employee or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens if the county employee has an actual conflict of interest related to the real property. An actual conflict of interest may be created under this section by the discretionary action of a county employee related to the foreclosure; sale or transfer of the real property by the county, but is not created by the ministerial action of the county employee.
4. In addition to and not in lieu of a penalty or sanction that may apply under ORS chapter 244 (see below) or otherwise, if real property is purchased in violation of this section, the county officer or employee shall:
   1. Transfer the real property to the county for the amount paid for the property less an amount for expenses incurred by the county; or
   2. If the real property has been transferred by the county officer or employee to a bona fide purchaser, transfer to the county the amount received for the sale to a bona fide purchaser less the amount paid to obtain the property from the county.

1. The Oregon Government Standards and Practices Commission or the court under ORS 244.260 (8) may impose civil penalties not to exceed $1,000 for violating any provision of this chapter or any resolution adopted pursuant thereto except that for violation of ORS 244.045 the commission may impose a civil penalty of not to exceed $25,000.
2. The commission may also impose civil penalties not to exceed $1,000 for violating any provision of ORS 192.660. However, a civil penalty may not be imposed under this subsection if the violation occurred as a result of the governing body of the public body acting upon the advice of the public body's counsel.
3. Any penalty imposed under this section is in addition to and not in lieu of any other penalty or sanction that may be imposed according to law, including removal from office. [1974 c.72 s.19; 1977 c.588 s.10; 1987 c.360 s.3; 1993 c.743 s.29; 1993 c.747 s.2; 1997 c.750 s.2]

The Oregon Government Standards and Practices Commission, in addition to civil penalties prescribed in ORS 244.350, may require any public official who has financially benefited the public official or any other person by violation of any provision of this chapter to forfeit twice the amount that the public official or any other person realized from violating any provision of this chapter. [1974 c.72 s.20; 1987c]

Purpose

The purpose of these guidelines is to ensure the safety of people, property and equipment when operating Clackamas County Business and Community Service’s (BCS) unmanned aerial vehicle(s) (UAV).

Two (2) UAVs are owned by BCS to support programs and projects of the department. The UAVs are used to assist staff with mapping, promotion, and management of department services.

Training

Site visits are necessary to determine if a location is conducive for UAV flight. Ultimately, it’s up to the discretion of the pilot whether the drone flies or not. In some cases, a waiver of liability will be required. This will be determined by the pilot conducting the pre-flight site visit. The pilot will be certified under specific FAA guidelines and hold a UAV flight license.

All BCS staff pilots will attend an 80 hour class specializing in Technical prep for UAV usage prior to flying. The program provides students specific training to complete the FAA Par 107 knowledge test and includes 40 hours of flight time during the class.

Flight Log

The UAVs will be stored in a locked room within the BCS office at the Development Services Building. A prepared flight schedule will be completed before each flight and will be submitted to the BCS Director for review and approval. After the flight has been completed, a flight log will be created to document each flight. Flight plans and flight logs will be kept on the BCS share drive in accordance with records retention rules.

Liability

Before conducting flights on land not owned by Clackamas County, the UAV pilot will obtain written consent from the property owner allowing the use to occur.

UAV Flight Guidelines:

1. The UAV must fly below 400 feet and remain clear of surrounding obstacles
2. UAV cannot be flown within 5 miles of an airport
3. Pilot must keep UAV within visual line of sight at all times

For the safety of all people and property nearby, the UAV cannot fly:

1. Near or over people without consent or knowledge of drone usage
2. Over property without consent of property owners
3. Near transmitters and communication equipment that may cause interference with controller radio and electronics

Depending on location UAV flight may also be limited due to:

1. Tight spaces or congested areas
2. Environmental conditions such as high winds, rain, snow, fog, etc.
3. GPS loss in covered area

Preflight Checklist

1. Remote Controller, Intelligent Flight Battery, and mobile device are fully charged
2. Propellers are mounted correctly and firmly
3. Micro-SD card has been inserted, if necessary
4. Gimbal is functioning normally
5. Motors can start and are functioning normally
6. All electronic apps are functioning property

Use, Storage, Access, Sharing and Retention of Data Obtained:

1. All video, photos, and audio (“data”) obtained through the use of a county owned and operated UAV shall be maintained consistent with ORS 192.345 a copy of which is attached as Appendix A as required by ORS 837.362.
2. All data will be retained for a period of no less than 30 days from the date collected, OAR 166-150-0135(76), unless it is use for code enforcement purposes then it shall be retained for a period of no less than 10 years from the last action in the matter, OAR 166-150-0020(3).
3. All data will be retained in the possession of Clackamas County for the duration of its’s storage.
4. Any data shared with another public entity will be done pursuant to an intergovernmental agreement (“IGA”).
5. If an IGA is executed it shall be publicly accessible through a link from this policy.