Or. Admin. Code § 166-150-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 166-150-0040 - County Clerk - General

(1) Board of Property Tax Appeals Meeting Records: Documents the proceedings of the Board of Property Tax Appeals. Includes copy of order appointing board members, oaths of office of members, verification of training, delegation of legal counsel, affidavit of publication, record of appointment of board appraiser, agendas, date of meeting, list of those present who present evidence and a short discussion of the evidence presented, all material presented as evidence, all motions and who made them, results of all votes and how each member voted, petitions, authorizations to represent, defective petition notices, copy of hearing notice mailed to petitioner, recommendations and orders made by the board, and summary of actions. The following information is entered into the journal of the county governing body: date members appointed, positions to which the members were appointed, and a record of the date the board convened and the date the board adjourned. (Minimum retention: 6 years)

(2) Budgets (Taxing Districts): Documents budgets required to be filed by taxing districts within the county for the purpose of making them available for public inspection. Budget documents may include budget overview, budget policies, organization charts, budget detail reports, and summary schedules (Minimum retention:

(a) County budget: Permanent

(b) Other taxing district budgets: 2 years)

(3) County Charter: Constitution, bylaws, and all amendments to agency charters approved by voters or the State Legislature. Generally includes original charter, amendments, and related significant records. (Minimum retention: Permanent)

(4) County Code: Codified ordinances passed by the county. Provides reference to all laws for both information and enforcement. Information may include ordinance numbers, amending ordinance numbers, code numbers, and text. (Minimum retention: Permanent)

(5) Court Records (Circuit and District): Consists of Circuit or District court records in the official custody of the County Clerk which were not transferred to the Office of State Court Administrator. These records document court functions and responsibilities prior to the administrative change in 1981. May include, but are not limited to, Adoption Records, Change of Name Records, Civil and Domestic Case Files, Criminal Case Files, Delayed Birth Case Files, Mentally Ill or Deficient Case Files, Probate Records, Guardianship Records, Conservatorship Records, Court Reporter Notes, Journal or Order Records, Judgment Dockets, Naturalization and Immigration Records, and related indexes. (Minimum retention: Refer to the Oregon Judicial Department, Office of State Court Administrator, for retention and disposition information)

(6) Deed Instruments: Documents conveyance or encumbrance of an interest in real property. May include deeds; condominiums, plats, and partition plats; leases; contracts; easements; covenants, conditions, restrictions; options, and affidavits. Depending on local filing practices, this series also may be included as part of a Book of Records. (Minimum retention: Permanent)

(7) Deeds to Agency Owned Land: Recorded evidence of agency ownership of public lands and right-of-ways. Exhibits may include maps and legal descriptions, title transfers, and significant related correspondence. Information typically includes a description of property, signatures of previous owner and agency representative, and date of transfer. (Minimum retention: 3 years after property is no longer owned by the county)

(8) Easements: Recorded grants by property owners to the agency for use of private property for public uses. Examples consist of street, utility, bikeway, sewer, storm drain, and landscaping easements. May include maps or other exhibits. Information includes property owner's name and signature, location of property, type of easement, terms, and date of signing. (Minimum retention: Permanent)

(9) Fee Records: Records documenting billing and collection of fees or assessments for instruments received for recording. Information includes date and time of reception, name of grantor, name of grantee, to whom delivered, and fees received. (Minimum retention: 3 years)

(10) Filed but Not Recorded Records: Records documenting records that are required to be filed, but not recorded with the county clerk. Records may include but are not limited to quarantine orders, lost property notices, affidavits of publication, meeting notices, and hearing notices. (Minimum retention: 2 years)

(11) General Index (Direct and Indirect): Documents statutory requirement to create a direct and indirect index at least once a year of recorded instruments. May include date and time of reception, names of grantor, names of grantee, nature of instrument, volume and page where recorded, remarks, and brief description of tract. Depending on local filing practices, this series also may be included as part of a Book of Records. (Minimum retention: Permanent)

(12) Lien Instruments: The County Clerk Lien Record documents orders or warrants assessing a civil penalty issued by state or federal agencies or others. Serves as a public notice of an encumbrance judgment docket for civil penalties and has the effect of a judgment entered in a circuit court docket. The order or warrant becomes a lien upon any interest in real property or against an individual whom the order is issued. Information may include name of person incurring the penalty, name of officer or agency issuing, amount of civil penalty including penalty interest and other charges, date received and recorded, and full or partial satisfactions. Also may include other liens such as construction liens, chattel liens, and hospital liens which may not be included in the County Clerk Lien Record. Depending on local filing practices, this series also may be included as part of a Book of Records. (Minimum retention:

(a) County Clerk Lien Record: Permanent

(b) Other Statutory Lien Records: 10 years)

(13) Marriage Records: Documents licenses issued and solemnization of marriages. Includes (Health Division, Vital Records Unit) Record of Marriage, Consent to the Marriage of a Minor, Affidavit that there is no Parent or Guardian in Oregon, Waiver of Waiting Period, and related records. Also may include the copy of the marriage license if the County Clerk performed the ceremony. (Minimum retention: Permanent)

(14) Miscellaneous Recordings (Not Authorized by Statute): Documents recordings of various instruments not authorized by statute. Historically, this series may be referred to as Miscellaneous Records, and may include recordings of documents which were authorized by statute but that recorded events which occurred outside the county. Examples of records currently filed in this series include: not notarized earnest money agreements, personal papers, legal instruments, and other miscellaneous writings. (Minimum retention:

(a) Records created prior to 1965: Permanent

(b) All other records: 10 years)

(15) Mortgage Instruments: Documents conveyance of lands to secure the payment of a debt. May include mortgages, trust deeds, weatherization liens, senior citizen tax deferrals, Uniform Commercial Code (UCC) filings, and supporting records. (Minimum retention: Permanent)

(16) Municipal Corporation Claims: Documents description of property in which a municipal corporation claims assessment liens for local improvement. May include property description, record owner, and date of notice. (Minimum retention: 6 years after satisfaction)

(17) Oaths of Office: Signed oaths taken by various elected and appointed officials before discharging duties of office. Information typically includes date, name, office held, text, and signatures. (Minimum retention: 6 years after expiration)

(18) Property or Goods Finders Records: Documents requirement that a person who finds money or goods valued at $250 or more must give notice in writing to the County Clerk. The finder becomes the owner of the property or goods if not claimed by a specified time period. Includes description of property or goods, date, and location found. (Minimum retention: 2 years)

(19) Public Notification of County Contracts: Documents statutory requirement for the County Clerk to list all contracts entered into by the county for the year covered by the report in counties not having a County Accountant. Includes name of contractor, work contracted for, amount of the work contracted for, whether bonds were required, and the amount and whether let privately or by public bidding. May also include certified statement documenting assets and liabilities of the county, claim and warrant report, sheriff collection reports, and treasurer's collection report. NOTE: ORS 294.230 repealed requirement for creation of this series in 1999. (Minimum retention: Destroy)

(20) Public Recordings (Authorized by Statute): Documents recordings of various instruments authorized by statute for the purpose of making a public record. Examples include bulk transfers, cooperative agreements, military discharge records, mining claims, occupation and professional licenses, power of attorney, and water rights records. This series may be referred to as the Book of Records. (Minimum retention: Permanent)

(21) Special District Records: Documents the formation, merger, operation, and dissolution of special districts within the county. May include ordinances, orders, formation records, annexations, maps, petitions, and assessments required to be filed in the Office of County Clerk. (Minimum retention: Permanent)

(22) Undeliverable Recorded Instruments: Documents recordings returned as undeliverable. The primary reason for nondelivery is incorrect disposition information provided by the person recording instrument. Examples include wrong address given, forwarding information incorrect, or not picked up at office as previously specified. (Minimum retention: 1 year)

(23) Declaration of Oregon Registered Domestic Partnership Records: Documents declaration of Oregon registered domestic partnerships. Includes (Public Health Division, Vital Records Unit) Record of Domestic Partnership and related records. (Minimum retention: Permanent)

Or. Admin. Code § 166-150-0040

OSA 4-2004, f. & cert. ef. 9-1-04; OSA 1-2014, f. & cert. ef. 2-25-14

Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 192.005-192.170 & 357.805-357.895