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Benton County, OR Code Violation Reporting: Common Violations (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
BCC § 21.105
Enforcing agency
Benton County Health Administrator
Trigger
Written complaint from any person (BCC 21.110)
Hearing window
15 to 40 days after notice (BCC 21.115)
Remedy
Injunction, abatement, or fencing/screening (BCC 21.210)
Cost recovery
Abatement costs become a lien on the property
Exemptions
Incorporated cities, franchised disposal sites, farm operations

Summary

In unincorporated Benton County, BCC § 21.105 bans storing, collecting, or displaying solid waste on private property that is offensive, hazardous, or creates a condition of unsightliness. The Health Administrator enforces the rule as a public nuisance, and it does not reach land inside Corvallis, Philomath, Adair Village, Monroe, or the Albany city limits, or licensed disposal sites and farm operations.

These county ordinances apply to unincorporated areas of Benton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(1)Except as provided in subsection (2) of this section, no person shall store, collect, maintain or display on private property solid waste or waste that is offensive or hazardous to the health and safety of the public or which creates offensive odors or a condition of unsightliness. Storage, collection maintenance or display of solid wastes or wastes in violation of this subsection shall be considered a public nuisance which may be abated as provided in BCC 21. In addition, enforcement of this Ordinance may be pursued under Chapter 26 of the BCC.(2)BCC Chapter 21 does not apply to:(a)Areas within the city limits of incorporated cities.(b)Disposal sites franchised or permitted by Benton County.(c)Agricultural operations and growing or harvesting of crops and the raising of fowls or animals.

Full Breakdown

105 makes it unlawful for anyone in unincorporated Benton County to store, collect, maintain or display solid waste, or any waste that is offensive or hazardous to public health and safety, or that creates offensive odors or a condition of unsightliness, on private property. 105(2)). 010 can enter property at reasonable times, take photographs of the alleged violation and subpoena witnesses. 110) and may call on the Benton County Sheriff's Office for a preliminary look at the property. 115). The property owner can cross-examine the Administrator or present evidence at that hearing. 210). 220).

Violations & Fines

A first finding is civil, not criminal: the Board declares a public nuisance after a hearing, then County Counsel sues in Circuit Court for an injunction or abatement (BCC 21.205, 21.210). If the case is urgent and public health is in imminent danger, the Board can skip straight to summary abatement (BCC 21.215). Whoever the Board finds responsible for the nuisance pays every dollar the county spends abating it, secured as a lien on the property (BCC 21.220).

Frequently Asked Questions

What does Benton County's junk/unsightliness rule actually prohibit?
BCC § 21.105 prohibits storing, collecting, maintaining or displaying solid waste, or any waste that's offensive or hazardous to public health and safety, or that creates offensive odors or a condition of unsightliness, on private property in unincorporated Benton County. County code treats any of those conditions as a public nuisance the Health Administrator can investigate and the Board of Commissioners can order abated.
Does this rule apply inside Corvallis or Philomath?
No. BCC 21.105(2)(a) exempts areas within the city limits of incorporated cities, so Corvallis, Philomath, Adair Village, Monroe and the part of Albany that sits in Benton County each enforce their own property maintenance codes instead of BCC Chapter 21, which reaches only the unincorporated county.
How does someone report a violation?
Any person can file a written complaint with the Benton County Health Administrator, who must then investigate under BCC 21.110 and may ask the Sheriff's Office to assist with a preliminary look at the property before deciding whether reasonable cause exists for a nuisance finding.
What happens to a property owner who ignores the rule?
After a Board hearing under BCC 21.115, commissioners can declare a public nuisance and direct County Counsel to sue in Circuit Court for an injunction or abatement. For unsightly waste, the court may let the county fence or screen the material instead of removing it, and every dollar spent abating becomes a lien against the property under BCC 21.220.

Sources & Official References

Other rules in Benton County

All Benton County rules

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