Chapter 8.10 NUISANCES

“Abandoned building” means a building or structure that has become an attractive nuisance or the site of unlawful activity due to the irregular or infrequent occupation of the building or structure by the owner or a lawful occupant. For purposes of this chapter, a building or structure with broken windows or doors that permit unlawful entry and that have not been timely repaired, or that has been secured against entry by boards or similar materials on a non-temporary basis is de facto evidence of an abandoned building.

“Abate” or “abatement” means the removal, remediation, and/or correction of conditions deemed a violation of this chapter and/or completion of improvements needed to effect a rehabilitation of the subject property consistent with maintaining safe and habitable conditions.

“Attractive nuisance(s)” means any property, building, structure, and/or personal property that is in an unsecured, derelict, and/or dangerous condition constituting or potentially constituting an attraction to minors, vagrants, criminals, and/or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing an unlawful act.

“Brush” means any woody plant that has several stems, none of which is dominant, and is usually less than 10 feet in height; provided, however, a plant that contains many branches and is dense may be considered a bush.

“Chronic nuisance property” means (a) property upon which three or more instances of any of the below listed behaviors occur, and/or whose employees of a resident business, residents, owners, and/or occupants engage in three or more instances of any of the below listed behaviors within 50 feet of the property, during any 30-day period as a result of three or more separate and documented incidents, and/or (b) property upon which five or more instances of any of the below listed acts occur, and/or whose employees of a resident business, residents, owners, and/or occupants engage in five or more instances of any of the below listed behaviors within 50 feet of the property, during any 90-day period as a result of five or more separate and documented incidents.

(a) Harassment as defined in ORS 166.065.

(b) Disorderly conduct in the second degree as defined in ORS 166.025.

(d) Drinking in public prohibited by BMC 9.30.040.

(e) Minor in possession of alcohol in violation of ORS 471.430.

(f) Assault as defined in ORS 163.160 to 163.165 or 163.175 to 163.185.

(g) Sexual abuse as defined in ORS 163.415 to 163.425 or 163.427.

(h) Public indecency as defined in ORS 163.465.

(i) Private indecency as defined ORS 163.467.

(j) Any act that constitutes unlawful possession, delivery, and/or manufacture of a controlled substance in violation of ORS Chapter 475.

(k) Any crime described in ORS 163.535 to 163.547, or 163.665 to 163.670, or 163.684 to 163.689.

(l) Any act that constitutes a nuisance under BMC 8.10.040.

“City” means the city of Burns, an Oregon municipal corporation.

“City council” or “council” means city’s elected legislative body.

“Clear vision area” means a triangular area, located at the intersection of any two streets, roads, highways, alleys, driveways, railroad rights-of-way, and/or other public or private rights-of-way, which must remain free of unauthorized obstructions to ensure sight lines for motorists, pedestrians, bicyclists, and others approaching the intersection. The two legs of the clear vision triangle are each measured from the point of intersection. Where intersections have rounded corners, the legs of the triangle are extended in a straight line to a point of intersection. Measurements along a driveway are taken at the edge of pavement. The clear vision area extends from two feet to eight feet above the ground, which area must be free of vegetation, tree limbs, signage, and other obstructions. The table below sets forth the minimum distance of the clear vision triangle leg from the intersection point of the following type of intersections.

Intersection at a Street and the Following:	Minimum Distance of Triangle Side
Alley/Driveway	10 feet
Street/Road	15 feet
Railroad/Highway	20 feet

The figure below shows the minimum distance of the clear vision triangle leg from the intersection point of the following type of intersections.

“Code” or “BMC” means the Burns Municipal Code.

“Code enforcement officer” means any peace officer as defined in ORS 133.005(3), the city manager, city attorney, code enforcement officer, public works director, planning director, or their respective designees.

“Commercial property” means property used for commercial purposes and located in a commercial zone.

“Control” means the authority and/or ability to regulate, restrain, manage, counteract, and/or govern conduct that occurs on property.

“Dangerous building” means any building or structure that is unfit for human habitation, poses an imminent hazard, and/or is detrimental to public health, safety, and/or general welfare due to one or more of the following conditions: (a) it is unlawfully occupied; (b) it is unoccupied and unsecured; (c) it is partially constructed; (d) it is an abandoned building or attractive nuisance; (e) it is in a condition of deterioration; and/or (f) it has an infestation of pests.

“Debris” means the remains of something broken down or destroyed, including, without limitation, the following: (a) scrap metal, paper, plastic, or wood; (b) pieces of asphalt, concrete, lumber, or other building materials; and/or (c) yard clippings or cuttings of plant material.

“Derelict vehicle” means a vehicle that remains parked or kept on a private property for more than 72 hours and one or more of the following conditions exist:

(a) The vehicle does not have a lawfully affixed, current, and valid registration sticker or fails to display a current temporary vehicle registration permit;

(b) The vehicle is inoperative;

(d) The vehicle is wrecked;

(e) The vehicle is dismantled;

(f) The vehicle is partially dismantled; and/or

(g) The vehicle is junk.

“Deterioration” means a lowering in the quality, condition, and/or appearance of a structure as characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, and/or any other evidence of physical decay, neglect, excessive use, and/or lack of maintenance.

“Dry vegetation” refers to any vegetation, including, without limitation, grass, weeds, and shrubs, that is over four inches in height that may constitute a fire hazard due to its dead and/or dry condition; provided, however, dry vegetation does not include the following: (a) agricultural grasses that are not a fire hazard; (b) native or introduced grass that is not ladder fuel, is green and healthy, and is maintained in a manner such that its density does not create a fire hazard; and/or (c) vegetation in areas identified by city’s comprehensive plan as open space or natural resource areas.

“Garage sale” means the offering of personal property for sale, by any person, at a residence or residential premises within the city, and includes, but is not limited to, those sales commonly known as garage sales, yard sales, estate sales, moving sales, and/or patio sales.

“Garbage” means food waste, refuse, rubbish, trash, and/or other useless material.

“Good cause” means circumstances beyond the ability of a person acting with reasonable care and diligence to control.

“Hazardous thicket(s)” means vines or other thickets that (a) conceal trash, debris, or junk; (b) create a harborage for people involved in criminal activity or for products used for unlawful activity; or (c) encroach upon the public right-of-way, or private property of another, in a manner that may be hazardous.

“Hearings officer” means the person or persons appointed by the city council to serve as the nuisance enforcement hearings officer.

“Imminent hazard(s)” means any condition that places public health, safety, and/or welfare in high risk of peril, when the peril is immediate, impending, and/or on the point of happening.

“Inoperative vehicle” means a vehicle that cannot be immediately operated.

“Junk” means articles of personal property that have outlived their usefulness in their original form, or articles of personal property that have been discarded and are no longer used for their manufactured purpose, regardless of value, including, without limitation, appliances, building supplies, furniture, abandoned vehicles, vehicle parts, old machinery, old machinery parts, mattresses, and/or any discarded material.

“Ladder fuel” means, as used in the context of firefighting, live or dead vegetation that allows a fire to “climb up” from the landscape or forest floor into the tree canopy and includes, without limitation, tall grasses, brush, and tree branches, both living and dead. For purposes of this chapter, on vacant land categorized by the city manager as “extreme risk” land, ladder fuel is any type of vegetation described herein that exceeds four inches in height.

“Livestock” means horses, mules, burros, cows, goats, llamas, rabbits, pigs, and/or sheep.

“Noxious vegetation” means (a) weeds more than 10 inches in height, (b) grass more than 10 inches in height, (c) dead vegetation, dry vegetation, and/or rank vegetation, (d) poison oak, poison hemlock, or poison ivy, (e) hazardous thickets, (f) all noxious weeds, regardless of height, as defined by the then current Harney County noxious weeds list, and/or (g) other rank, noxious, and/or dangerous vegetation and/or brush that is a health hazard and/or fire hazard.

“Owner” means any person having a legal, equitable, and/or management interest in a property and includes, without limitation, the following: (a) a mortgagee in possession in whom is vested (i) all or part of the legal title to the property, or (ii) all or part of the beneficial ownership and a right to present use and enjoyment of the property; and/or (b) a person who has the right and/or authority to control what occurs on the property.

“Partially constructed” means a building or structure that has been left in a state of partial construction for more than six months after the expiration of applicable building permits such that it is exposed to the elements and/or otherwise unsecured.

“Person” means any natural person, corporation, limited liability company, partnership, joint venture, firm, association, trust, unincorporated organization, or any other entity.

“Person(s) in charge” means any owner, agent, contract purchaser, lessee, occupant, or other person having possession or control of a particular property. For purposes of this chapter, more than one person may be considered a “person in charge” for a particular property.

“Personal property” means property that is temporary or movable.

“Premises” means any room, house, building, structure, or any separate part or portion thereof, whether permanent or not on the ground itself.

“Property” means any real property, including land and that which is affixed, incidental or appurtenant to land, including, without limitation, any premises whether permanent or not.

“Public sidewalk” means a developed walkway or sidewalk within the public right-of-way or on publicly owned property.

“Rank vegetation” means any vegetation existing in a state of uncontrolled growth or without commonly recognized vegetation maintenance or management practices applied.

“Street” means the portion of a road ordinarily used for vehicular travel, including, without limitation, the public right-of-way shoulder.

“Structure” means that which is built or constructed, an edifice or building of any kind, including units thereof and/or mobile or manufactured homes, and any of which is an addition to or a fixture on real property. For purposes of this chapter, “structure” includes any building designed for habitation, shelter, storage, trade, manufacture, commerce, business, education, and/or other similar purposes.

“Unfit for human habitation” refers to the condition of a structure that is in disrepair, lacks maintenance, is unsanitary, is pest infested, contains filth and contamination, or lacks ventilation, illumination, sanitation, or heating facilities to the extent that habitation would be injurious to the health and safety of the occupants.

“Vehicle” means any device in, upon, or by which any person or property is or may be transported or drawn upon a public highway and includes, without limitation, vehicles that are propelled or powered by any means. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.020 Scope and purpose.

(1) The provisions of this chapter are intended to protect the public health, safety, and general welfare by (a) regulating property, existing residential and nonresidential structures, existing premises, and personal property, (b) establishing minimum requirements and standards for protection from the elements and other hazards and for safe and sanitary maintenance, and (c) designating responsibility of owners and persons in charge.

(2) Council hereby finds and declares the following:

(a) Repeated disruptive behavior on properties within city creates unreasonable disruptions to the neighborhoods where such properties are located.

(b) Because of certain conditions upon them, properties may become chronic nuisances to surrounding property owners and degrade neighborhoods.

(c) Existing state criminal statutes and city ordinances are inadequate to address, control, and/or remedy the denigration that results from the chronic unlawful activity occurring at certain properties.

(3) Based upon the findings in subsection (2) of this section, the council declares that civil regulation of these properties will provide a remedy to the problems caused by these chronic behaviors and will promote and protect the public health, safety, and welfare. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.030 Nuisances prohibited.

A nuisance is any condition, thing, substance, or act which is or may become a detriment or menace to the public health, safety, and/or welfare. No person may cause, permit, or maintain a nuisance on public or private property. In addition to any other remedy available to city at law and/or in equity, nuisances may be abated pursuant to the abatement procedures contained in this chapter. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.040 Specific nuisances.

A violation of any provision of BMC 8.10.050 through 8.10.210 is hereby declared a nuisance within city. Nothing contained in this chapter will be deemed to construe the nuisances prohibited and/or described in BMC 8.10.050 through 8.10.210 an exhaustive list of nuisances. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.050 Accumulations of debris, garbage, junk, or animal excrement.

(1) Except as provided in subsection (2) of this section, no person in charge of property may permit or cause to exist any accumulation of debris, garbage, junk, or animal excrement on property that is not removed within a reasonable time, as determined by city, and that affects the health, safety, and/or livability of nearby residents.

(2) The following do not constitute violations of subsection (1) of this section:

(a) Junk accumulated as authorized by land use permit.

(b) Yard cuttings and other than grass clippings accumulated to be burned during the first available open burning season. Such accumulations must meet the size and location requirements of the Uniform Fire Code.

(c) Yard cuttings and other organic material accumulated for composting, but only if such accumulations (i) are not visible from a street or sidewalk, (ii) are maintained in a manner that does not attract vermin, and (iii) do not produce an offensive odor.

(d) Garbage accumulated in order to be hauled by city’s solid waste hauler or to be taken to a landfill, if the garbage is secured within a covered or sealed bin that is kept clean and in good repair and is removed at the next pickup cycle.

(e) Animal excrement from livestock accumulated for farm or agricultural purposes as long as it does not (i) produce odors on adjacent properties and/or (ii) become a danger to health or safety.

(f) Debris or junk stored in a backyard if fully screened from adjoining properties, streets, and public right-of-way by a sight-obscuring fence as long as such debris or junk does not (i) produce odors on adjacent properties and/or (ii) become a danger to health or safety. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.060 Noxious vegetation, weed, and brush removal.

(1) No person in charge of property may permit or cause to exist noxious vegetation, rank vegetation, and/or dry vegetation upon property or in the right-of-way of a street abutting such property.

(2) In addition to subsection (1) of this section, no person in charge of property may permit or cause to exist upon the person’s property or in the right-of-way of a street abutting such property any of the following:

(a) Vegetation that presents a hazard to pedestrian use of a public sidewalk and/or is a hazard to bicycle or vehicular use of a public or private street by impeding passage or vision. For purposes of this subsection (2)(a), vegetation presents a hazard if the vegetation:

(i) Encroaches into the clear vision area;

(ii) Encroaches upon or overhangs lower than 14 feet over a public or private street; and/or

(iii) Otherwise impedes motorist, bicyclist, and/or pedestrian views of traffic, traffic signs or signals, streetlights or name signs, or other safety fixtures or markings.

(b) Any dead, deteriorating, or decaying vegetation that presents a hazard to the public or property.

(c) Vegetation that obstructs drainage facilities in the public way, including, without limitation, roadside ditches, street curbs and gutters, catch basins, or culverts.

(d) Vegetation that has roots that have entered a sewer or water line, main, or system and that stop, restrict, or retard the flow of sewage or water, or damage the pipes or connectors. A person in charge of property may remove a nuisance defined under this subsection (2)(d) by removing that portion of the root(s) causing the nuisance.

(e) Vegetation that has roots that have cracked or displaced a sidewalk, curb, or street. A person in charge of property may remove a nuisance defined under this subsection (2)(e) by removing that portion of the root(s) causing the nuisance.

(3) All noxious weeds, regardless of height, as defined by the then current Harney County noxious weeds list, including, without limitation, knapweed, Russian and domestic thistle, Scotch broom, and cheat grass, are a nuisance and must be removed from private property and destroyed as follows:

(a) Any invasive weed species in flower must be hand-pulled and bagged, and subsequently removed from the property; and

(b) Any invasive weed species not in flower must be removed using the most efficient and practical means available.

(4) The provisions of this section do not apply to the following: (a) agricultural crops; (b) plant material that is categorized by city, state of Oregon, and/or United States of America as “threatened or endangered”; and/or (c) wetland grasses that are neither a fire hazard or traffic hazard. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.070 Containers.

No person in charge of property may permit or cause to exist, on private or public property, containers accessible to children with a capacity of more than one cubic foot and a door or lid that locks or fastens when closed and that cannot be easily opened from the inside, unless said containers are securely locked shut. For purposes of this section, containers include, without limitation, abandoned, unattended, and/or discarded iceboxes or refrigerators. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.080 Wells, cisterns, and holes.

No person in charge of property may permit or cause to exist a well, cistern, cesspool, pit, quarry, excavation, and/or other hole of a depth of four feet or more with an open-top width of 12 inches or more, unless (1) the hole is fenced or securely covered, or (2) the excavation is part of an authorized construction project and during the course of construction reasonable safeguards are maintained to prevent injury. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.090 Sidewalks.

(1) No person in charge of property may permit, cause to exist, and/or fail to repair on a public sidewalk adjoining the property, any of the following:

(a) Snow to remain on a public sidewalk adjacent to commercial property for a period longer than the first six hours of daylight after the snow has stopped falling.

(b) Ice to remain on a public sidewalk adjacent to commercial property after the first six hours of daylight after the ice has formed unless the ice is covered with sand or other suitable material to assure safe travel.

(d) Drainage across the sidewalk from a rain drain, pipe, or other collector.

(e) Any obstruction that impedes use of the sidewalk.

(2) The owner of property adjoining a sidewalk identified in the city sidewalk master plan must maintain the sidewalk along the property’s frontage in good repair, in an attractive condition, and free of obstructions. Such maintenance obligations include, without limitation, cleaning, maintaining, repairing, and replacing the curbs, sidewalk materials, street trees, landscaping strips, and similar improvements. This duty runs with the land and is irrespective of whether the current owner installed the sidewalks.

(3) The owner of property adjoining a sidewalk not identified in the city sidewalk master plan must repair or remove a defective and/or unsafe sidewalk after notification and authorization from the city.

(4) The property owner responsible for maintaining, repairing, and/or removing an adjacent public sidewalk pursuant to this section is liable to any person for injury to person or personal property because of any negligence of the owner in failing to maintain, repair, and/or remove the public sidewalk in accordance with this section. If city is required to pay damages for personal injury or personal property damage relating to the condition of a sidewalk, the adjacent property owner will compensate city for the full amount of the damages paid and city’s reasonable attorney fees and costs incurred. City may take legal action in a court of competent jurisdiction to enforce the provisions of this section. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.100 Dumping on sidewalks.

Except as permitted by city’s public works department, no person in charge of property or driver of a vehicle may permit or cause to exist on a public sidewalk or street adjacent to the property any dumping or storage of dirt, sand, rocks, gravel, bark dust, snow, ice, debris, junk, and/or any other material or obstruction. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.110 Attractive nuisances.

(1) No person in charge of property may permit any attractive nuisance thereon, including, without limitation, any (a) unguarded machinery, equipment, sharp objects, and/or other devices that are dangerous and accessible to children, and/or (b) lumber, logs, or piling placed or stored in a manner as to be attractive, dangerous, and/or accessible to children.

(2) Subsection (1) of this section does not apply to authorized construction projects with reasonable safeguards to prevent injury or death to children. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.120 Fences.

(1) No person in charge of property may construct or maintain a barbed wire fence except where the sole purpose of the fence is for agricultural use in compliance with city zoning regulations and/or the property is adjacent to agricultural property outside the city limits. Barbed wire may be placed above the top of other fencing not less than six feet high in a commercial or industrial zone without design review by city.

(2) No person in charge of property may construct, maintain, and/or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person.

(3) No person in charge of property may maintain a fence that is structurally unstable.

(4) No person may maintain a fence within a clear vision area. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.130 Open burning and burn barrels.

No person in charge of property may burn garbage containing (1) animal matter, vegetable matter, and/or other matter causing an offensive odor, (2) plastic, and/or (3) painted and/or treated wood. All persons using burn barrels and/or conducting open burning must comply with the Uniform Fire Code and any amendment of the Uniform Fire Code and any restrictions imposed by the Burns fire department. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.140 Irrigation canals.

(1) Owners of property with irrigation ditches are responsible for maintenance of the lateral ditches. Maintenance must be conducted in a reasonable manner or to such standards as promulgated by the applicable irrigation district, company, or watermaster.

(2) The Harney County watermaster is hereby authorized to inspect such irrigation ditches and ensure that the maintenance standards are being met. If necessary and subject to applicable laws, the employees of the Harney County watermaster are authorized to make improvements necessary if the owner(s) are unable or unwilling to do so and said cost will become a lien against the property owner(s) benefiting from the ditch. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.150 Nuisances affecting public health.

(1) No person in charge of property may cause or permit on the property a nuisance affecting public health. Nuisances affecting public health include, without limitation, the following:

(a) The accumulation of stagnant water which affords a breeding place for mosquitoes and/or other pests, except where flood irrigation is utilized as a farming method and is contained within the subject property.

(b) Property which is in such a state or condition as to cause an offensive odor to reach adjacent properties or which are unsanitary as characterized by conditions, including, without limitation, unsanitary plumbing fixtures, or plumbing fixtures that permit the spillage of effluent outside of an approved sanitary sewer system, or the escape of sewer odors and gases.

(c) Septic tanks that are in an unsanitary condition and/or which cause an offensive odor to emanate from the property to adjacent properties.

(d) The accumulation of livestock feces or manure (whether in piles, heaps, or otherwise) unless enclosed in containers capable of excluding flies and pests and maintained in such a manner or condition that offensive odor does not emanate therefrom.

(e) Open vaults or privies constructed and maintained within city, except those constructed or maintained in connection with construction projects in accordance with applicable federal and state health regulations.

(f) Pollution of a body of water, well, spring, stream, or drainage ditch by sewage, industrial wastes, or other substances placed in or near the water in a manner that will cause harmful material to pollute the water.

(g) Mastics, oil, grease, other petroleum products, or coolants/anti-freeze allowed to be introduced into the sewer system by a user connected to the sewer system.

(2) All property must be kept free from pest infestation. Any pest infestation must be promptly exterminated in a manner that is not injurious to human health. After extermination, proper precautions will be taken to prevent re-infestation. For purposes of this subsection (2), “extermination” or “exterminated” means the control, elimination, and removal of pests by (a) eliminating harborage places, (b) removing or making inaccessible materials that serve as food, (c) poison spraying, fumigating, or trapping, or (d) any other pest elimination method approved by a code enforcement officer. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.160 Abandoned, wrecked, inoperable, junked, and unlicensed motor vehicles.

Any derelict vehicle or vehicle otherwise in violation of Chapter 8.15 BMC is hereby declared a nuisance and may be abated in accordance with this chapter as supplemented by Chapter 8.15 BMC. If different than the owner or person in charge of the property, and ownership is otherwise readily determinable, notice will be sent to the owner of the nuisance vehicle at least 72 hours prior to removing the vehicle from the property. In addition to any other remedy provided by this chapter, city may also pursue any remedy set forth in Chapter 8.15 BMC. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.170 Garage sales.

All garage sales must comply with the following rules and regulations:

(1) No person may hold more than three garage sales at any residence or residential premises within any 12-month period.

(2) A garage sale shall last no more than three consecutive days, and shall be held only between the hours of 7:00 a.m. and 9:00 p.m., and must be concluded and cleaned up prior to 11:59 p.m. of the third or final day of sale.

(3) No person may acquire merchandise solely for the purpose of selling the same at a garage sale.

(4) All garage sales must be conducted in a manner so as to cause no inconvenience or annoyance to the residents of the neighborhood and must be conducted without the creation of excessive noise, air, or water pollution, or any unsightly condition in the neighborhood.

(5) As described in BMC 8.10.180 it is unlawful for any person to place any advertising paper, handbill, circular, poster, or any other form of advertising on any real or personal property in city, whether public or private, without first securing permission from the property owner, occupant, and/or proper public authority. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.180 Notices and advertisements.

(1) No person may place and/or cause to be placed any advertising paper, handbill, circular, poster, or any other form of commercial advertising on any real or personal property in city, whether public or private, without first securing permission from the property owner, occupant, and/or proper public authority. This section will not be construed as an amendment to and/or a repeal of any regulation now or hereafter adopted by city regulating the use of and the location of signs and advertising.

(2) No person may distribute, circulate, and/or pass to or among persons on a public place or premises open to the public within city, or place in or on any automobile or other vehicle on or along any public property in city, any advertising paper, handbill, circular, poster, or other form of commercial advertising, without first securing permission from the property owner, occupant, and/or proper public authority.

(3) Nothing contained in this section will be deemed to prohibit the following:

(a) Distribution or delivery of any newspaper that is capable of being entered as second-class matter under the provisions of the United States postal regulations, delivery of any such matter by the United States Postal Service, and/or delivery of any such matter on the porch or stoop of any occupied residence, provided such matter is enclosed within an addressed envelope.

(b) The exercise of constitutionally protected rights. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.190 Trees.

(1) No person in charge of property that abuts a street or public sidewalk may permit trees or bushes on the property to interfere with street or sidewalk traffic. The person in charge of property that abuts a street or public sidewalk will keep all trees and bushes on the property, including, without limitation, the adjoining parking strip, trimmed so as not to interfere with street or sidewalk traffic and will maintain the clear vision area.

(2) No person in charge of property may permit a dead or decaying tree to stand that is a hazard to the public, persons, property, and/or personal property. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.200 Dangerous buildings.

(1) No person in charge of property may create, maintain, and/or allow to be created or maintained, a dangerous building on any property within city.

(2) No person may occupy or allow another to occupy a dangerous building.

(3) Dangerous buildings are a nuisance and subject to abatement, including, without limitation, demolition, or removal of the dangerous building, in accordance with BMC 8.10.220 and 8.10.260.

(4) In addition to any other rights, remedies, and abatement procedures provided under this chapter, a code enforcement officer may cause a placard to be posted on any dangerous building and order that the dangerous building be vacated. The placard will contain the information required under BMC 8.10.230(2). It is unlawful to remove any such placard posted on a property. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.210 Unenumerated nuisances.

(1) The acts, conditions, circumstances, substances, and objects specifically enumerated and defined in this chapter are declared nuisances and such acts, conditions, circumstances, substances, and/or objects may be abated by any of the procedures set forth in BMC 8.10.220 to 8.10.260.

(2) In addition to the nuisances specifically enumerated in this chapter, any acts, conditions, circumstances, substances and/or objects that are determined by the council to be injurious and/or detrimental to the public health, safety, or welfare are declared a nuisance and are subject to the abatement procedures set forth in this chapter. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.220 Summary abatement.

Notwithstanding any provision contained in this chapter to the contrary, whenever, as determined by a code enforcement officer, a nuisance unmistakably exists and presents an imminent hazard and/or imminently endangers health, safety, welfare, property, and/or personal property, the officer may proceed to summarily abate (or cause to be abated) such nuisance. Summary abatement may include, without limitation, such work necessary or appropriate to render the property (including any dangerous building) or vehicle temporarily safe and secure. Following summary abatement, a code enforcement officer will post notice upon the property describing the action taken to abate the nuisance. Abatement will otherwise be administered in accordance with BMC 8.10.230 to 8.10.260. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.230 Nuisance abatement procedure.

(1) Nuisance Notice. Any code enforcement officer who reasonably believes that a nuisance exists may cause a notice to be delivered to the person in charge of property, and the owner of the property if different, requesting responsive action.

(2) Nuisance Notice Contents. The notice will contain:

(a) A description of the real property, by street address or otherwise, on which the nuisance exists.

(b) A description of the nuisance(s).

(d) A statement that unless the nuisance is not timely abated, city may abate the nuisance and charge the cost of city abatement to the person(s) in charge of property, which charges will become a lien on the property.

(e) A statement that city may impose fines for failure to abate a nuisance.

(f) A statement that the person in charge of the property, and the owner if different, may appeal the notice and such appeal must comply with the requirements of BMC 8.10.290.

(3) Notice to Owner. If a person in charge of property is not the owner, an additional notice will be sent to the owner stating that the cost of abatement will be assessed to and become a lien on the owner’s property. The notice to the owner will be sent to the owner’s address as last shown on the Harney County tax rolls.

(4) Abatement Order. If a nuisance is not voluntarily abated in a timely manner and an appeal of the initial notice is not timely filed, a code enforcement officer may issue an abatement order specifying a deadline by which the nuisance must be abated. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.240 Abatement.

(1) Abatement by Persons in Charge of Property. Within the time specified in an abatement order, each person in charge of property must abate, remove, and/or otherwise remedy the nuisance(s) or obtain a code enforcement officer’s approval of a plan to remove and/or otherwise remedy the nuisance(s). In addition to any other rights, remedies, and abatement procedures provided under this chapter, city may levy one or more fees, as may be established by the council from time to time or as set forth in any voluntary compliance agreement, for the periodic inspection of the progress of abatement by the person in charge of the property.

(2) Abatement by City.

(a) If the nuisance has not been abated within the time prescribed by an abatement order, a code enforcement officer may cause the nuisance to be abated.

(b) City may enter property to inspect for and/or abate nuisances only with the permission of the owner or person in charge of the property or pursuant to a warrant, except as otherwise authorized under BMC 8.10.220.

(d) City will send to the person in charge of property, and the owner if different, a notice containing the following information:

(i) The total costs of abatement, which will include, without limitation, costs incurred by city for contractors and/or specialists retained by city to complete the abatement, and any administrative, legal, and other cost or expense arising out of and/or related to the abatement.

(ii) A statement that costs of abatement as indicated will be assessed to and become a lien against the property, unless paid within 30 days from the date of the notice.

(iii) A statement that if a person in charge of the property, or the owner if different, objects to the cost of the abatement as indicated, an appeal must be filed in accordance with BMC 8.10.290.

(e) If the costs of the abatement are not paid within 30 days after the effective date of the notice issued under subsection (2)(d) of this section or the date of a final decision on appeal affirming the costs of abatement, whichever is later, the costs of abatement will be entered in city’s lien docket and recorded in the Harney County official records and will constitute a lien on the property from which the nuisance was abated.

(f) The lien will be enforced in accordance with applicable law and interest begins to run from the date of entry of the lien in the lien docket.

(g) An error in the name of a person in charge of the property, or the owner if different, does not void the assessment. Failure to receive notice of the costs of abatement does not render the assessment void.

(h) Failure to satisfy applicable appeal procedures is jurisdictional and precludes subsequent review of the subject city action.

(3) Joint Responsibility. Each owner is responsible for any nuisance on the subject property regardless of whether another person possesses or occupies the property. Each person in charge of property is jointly and severally liable for abating the nuisance and for the costs incurred by city in abating the nuisance. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.250 Chronic nuisance property.

(1) Chronic Nuisance Property Prohibited. Any property within city that becomes a chronic nuisance property violates this chapter and is subject to the remedies contained herein. Any person in charge of property who permits property to be a chronic nuisance property violates this chapter and is subject to the remedies contained herein.

(2) Abatement Procedure for Chronic Nuisance Property – Notice. When a code enforcement officer believes in good faith that a property within city has become a chronic nuisance property, the officer will notify the person in charge of property, and the owner if different, in writing, that the property has been determined to be a chronic nuisance property. The notice will be mailed to the person in charge of the property, and the owner if different, and posted at the property. The notice will contain the following information:

(a) The street address or description sufficient for identification of the property.

(b) A statement that the code enforcement officer has found the property to be a chronic nuisance property and a concise description of the conditions supporting the officer’s findings.

(c) A direction to notify the code enforcement officer in writing within 15 days from the date of mailing the notice of the actions the person in charge of property, or the owner if different, intends to take to abate the chronic nuisance property.

(d) An order to abate the chronic nuisance property or show good cause to the code enforcement officer why the person in charge of property, and the owner if different, cannot abate the nuisance, within 30 days after the date of mailing the notice.

(e) A statement that if the chronic nuisance property is not abated and good cause for failure to abate is not shown, the code enforcement officer may order abatement with any appropriate conditions, as determined by the code enforcement officer, and that city may charge the costs of city abatement to the person in charge of the property and the owner if different, which charges will become a lien on the property.

(f) A statement that city may also employ any other remedy deemed appropriate to abate the chronic nuisance property, including, without limitation, authorizing a civil complaint in a court of competent jurisdiction which may include seeking closure of the property.

(g) A statement that the person in charge of property, and the owner if different, may be required to pay to city a civil penalty in accordance with BMC 8.10.300 and 8.10.310.

(h) A statement that the above remedies are in addition to those otherwise provided at law and/or in equity.

(i) A statement that any person aggrieved by the chronic nuisance designation and/or order may file an appeal challenging the chronic nuisance property designation and/or order by filing an appeal in accordance with BMC 8.10.290.

(j) A statement that failure to satisfy applicable appeal procedures is jurisdictional and precludes subsequent review of the subject city action. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.260 Abatement procedures for chronic nuisance property.

(1) Abatement by Persons in Charge of Property.

(a) Within 15 days of the mailing of a chronic nuisance property notice under BMC 8.10.250(2), the person in charge of property, or the owner if different, must notify the code enforcement officer in writing of the actions that person intends to take to abate the chronic nuisance property.

(b) Within 30 days after the mailing of the notice, the person in charge of property, or the owner if different, must abate the chronic nuisance property or show good cause to the city manager why the person in charge of property, and the owner if different, cannot timely abate the chronic nuisance property.

(c) If no appeal of the chronic nuisance property notice is timely filed, and persons in charge of property, or the owner of different, have failed to comply with subsections (1)(a) and (1)(b) of this section, the code enforcement officer may issue an order that the chronic nuisance property be abated by a prescribed deadline. The order may, in the code enforcement officer’s discretion, include conditions necessary for the abatement.

(2) Abatement by City.

(a) If a person in charge of property, or the owner if different, fails to comply with an abatement order, city may cause the chronic nuisance property to be abated and charge the costs of such abatement to persons in charge of property, or the owner if different, which will be a lien on the property. City may enter a chronic nuisance property to inspect and abate only with the permission of the owner or other person in charge of the property or pursuant to a warrant.

(b) City may also employ any other remedy available at law and/or in equity, including, without limitation, authorizing a civil complaint in a court of competent jurisdiction which may include seeking closure of the property.

(3) Assessment of Costs for Chronic Nuisance Property.

(a) The code enforcement officer will send to each person in charge of property, and the owner if different, a notice containing the following information:

(ii) A statement that the costs as indicated will be assessed to and become a lien against the property, unless paid within 30 days from the date of the notice.

(iii) A statement that the person in charge of the property, and the owner if different, may appeal the costs of abatement as indicated in the notice and such appeal must be filed in accordance with the requirements of BMC 8.10.290.

(iv) A statement that failure to satisfy applicable appeal procedures is jurisdictional and precludes subsequent review of the subject city action.

(b) If the costs of the abatement are not paid within 30 days after the date of the notice or the date of a final decision on appeal affirming the costs of abatement, whichever is later, the costs of abatement will be entered in city’s lien docket and recorded in the Harney County official records and will constitute a lien on the property from which the nuisance was removed or abated.

(c) The lien will be enforced in accordance with applicable law and interest begins to run from the date of entry of the lien in the lien docket.

(d) An error in the name of a person in charge of the property, or the owner if different, does not void the assessment. Failure to receive notice of the proposed assessment does not render the assessment void.

(e) Failure to satisfy applicable appeal procedures is jurisdictional and precludes subsequent review of the subject city action.

(4) Joint Responsibility. Each owner is responsible for a chronic nuisance property regardless of whether another person possesses or occupies the property. Each person in charge of a chronic nuisance property is jointly and severally liable for abating the nuisance and for the costs incurred by city in abating the nuisance. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.270 Method of service.

Except as otherwise provided in this chapter, any notice or order required under this chapter will be (1) personally delivered to the owner(s), person(s) in charge, and property occupant(s), if any, (2) sent to the owner(s), person(s) in charge, and property occupant(s), if any, by first class mail to their last known residence or business address, or (3) posted at the subject property. Any notice or order issued in substantial compliance with this section will be effective from and after the date the notice or order is issued. All notices or orders served in accordance with this section will be considered served (delivered) on the date of personal service or posting or three days after the date of mailing. Failure of the owner(s), person(s) in charge, or property occupant(s) to receive such notice or an error in the name or address of an owner(s), person(s) in charge, or property occupant(s) will not render the notice or order void (i.e., the notice will be sufficient). Refusal to accept any notice provided under this chapter, including, without limitation, notices or orders sent via registered or certified mail will not be deemed to, and will not, render the notice or order invalid. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.280 Responsibility.

(1) Unless otherwise provided, the city manager will be responsible for the enforcement of all the provisions of this chapter. The city manager may appoint such officers, technical assistants, inspectors, code enforcement officers, and other employees as will be necessary for the administration of this chapter. The city manager is authorized to designate an employee as deputy who will exercise all the powers of the city manager during the temporary absence or disability of the city manager.

(2) The city manager is designated to receive any notice or information required under ORS 18.995. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.290 Appeals.

(1) Any person affected by a notice, order, cost assessment, and/or designation may appeal the notice, order, cost assessment, and/or designation to the hearings officer by filing a notice of appeal with the city manager, subject to the provisions of this subsection (1). Filing a notice of appeal will stay all proceedings for abatement and/or the deadline for payment of abatement costs until final disposition of the appeal. The failure to undertake and satisfy the appellate procedures and requirements in this subsection (1) is jurisdictional and precludes subsequent review of the subject city action.

(a) The notice of appeal must be filed within 10 days after the date the notice, order, cost assessment, and/or designation is delivered to the person. A notice of appeal that is filed after the period provided for filing an appeal will be dismissed by the hearings officer as untimely. Failure to appeal as provided in this subsection (1) is a waiver of all right to review the notice, order, cost assessment, and/or designation; the notice, order, cost assessment, and/or designation will be final and conclusive.

(b) The notice of appeal must be in writing and include (i) the name, address, email address, and telephone number of the appellant, (ii) a copy of the notice, order, cost assessment, and/or designation being appealed, (iii) a statement that the appellant wishes to appeal the notice, order, cost assessment, and/or designation and (iv) the basis for the appeal, stating with specificity why the notice, order, cost assessment and/or designation was issued in error, based on one or more of the following: city failed to follow the procedures prescribed in this chapter and that failure prejudiced the appellant in respect to some substantial right; no violation exists on the subject property that is the subject of the notice, order, cost assessment and/or designation; the costs of abatement are unreasonable, excessive, and/or inappropriate; and/or the time for or method of compliance required in the notice, order, and/or cost assessment is impossible to comply with or, because of circumstances specific to the appellant or subject property, would cause an unreasonable and undue hardship.

(c) The hearing upon the appeal will be limited to the reasons the notice, order, cost assessment, and/or designation was issued in error, as set forth in the notice of appeal. City will provide the appellant notice of the hearing date by mailing notice of the hearing to appellant’s address as stated in the notice of appeal. The appellant will be afforded the opportunity to provide evidence or a statement in opposition to the notice, order, cost assessment and/or designation and the appellant will be afforded the opportunity to call witnesses and cross-examine any witness presenting testimony. Code enforcement officer(s) will be afforded the opportunity to present any evidence, argument, and/or a statement in support of the notice, order, cost assessment, and/or designation, and will be afforded the opportunity to call witnesses and cross-examine any witness presenting testimony.

(d) The hearings officer will provide a written decision within 20 days after the hearing. The hearings officer’s decision will include findings and conclusions supporting a decision which either (i) affirms the notice, order, cost assessment, and/or designation as given, (ii) modifies the notice, order, cost assessment, and/or designation, or (iii) rescinds the notice, order, cost assessment, and/or designation. Upon a final disposition ordering the abatement of a nuisance, and unless another time period for compliance is provided in the hearings officer’s decision, the person responsible for abatement will have a period equal to that specified in the original notice, commencing from the date of the final disposition, in which to abate the nuisance prior to action by city.

(2) An appeal of the hearings officer’s determination to the council must be initiated by filing a notice of appeal with the city manager, subject to the provisions of this subsection (2). A person will not file an appeal with the council unless and until the person has obtained the decision of the hearings officer. Filing a notice of appeal will stay all proceedings for abatement and/or the deadline for payment of abatement costs until final disposition of the appeal.

(a) The notice of appeal to the council must be filed within 10 days after the hearings officer has issued and delivered his or her decision. A copy of the notice of appeal to the council must be filed with the hearings officer. A notice of appeal that is not timely filed will be dismissed as untimely. Failure to appeal as provided in this subsection (2) is a waiver of all appeal rights to the council; the hearing officer’s determination will be final and conclusive.

(b) The notice of appeal must be in writing and include (i) the name, address, email address, and telephone number of the appellant, (ii) a copy of the decision being appealed, (iii) a statement that the appellant wishes to appeal the decision, and (iv) the basis for the appeal, stating with specificity why the hearing officer’s decision is incorrect.

(c) The council hearing upon the appeal will be limited to the reasons why appellant believes the hearing officer’s decision was in error, as set forth in the notice of appeal. City will provide the appellant notice of the hearing date by mailing notice of the hearing to appellant’s address as stated in the notice of appeal. The appellant will be afforded the opportunity to provide evidence or a statement in opposition to the decision, and the appellant will be afforded the opportunity to call witnesses and cross-examine any witness presenting testimony. Code enforcement officer(s) will be afforded the opportunity to present any evidence, argument, and/or statement in support of the decision, and will be afforded the opportunity to call witnesses and cross-examine any witness presenting testimony.

(d) The council will provide a written decision within 20 days after the hearing. The council’s decision will include findings and conclusions supporting a decision which either (i) affirms the hearing officer’s determination, (ii) modifies the hearing officer’s determination, or (iii) rescinds the notice, order, cost assessment, and/or designation. Upon a final disposition ordering abatement of a nuisance, and unless another period for compliance is provided in the council’s decision, the person responsible for abatement will have a period of time equal to that specified in the original notice, commencing from the date of the final disposition, in which to abate the nuisance prior to action by city. The decision of the council is final and conclusive. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.300 Penalties.

(1) Each violation of a provision of this chapter is subject to the penalty provisions set forth herein.

(2) Each person in charge of property, and the owner, is liable for any injuries resulting from a violation of this chapter.

(3) Violation of this chapter is an infraction and is punishable by a fine of no less than $100.00 and no more than $1,000, which sums may be amended by council resolution from time to time. The second and subsequent violation of the same provision of this chapter in any one-year period is punishable by a fine of no less than $250.00 and no more than $2,000. In addition to any other rights or remedies provided under this chapter, city may file a civil action to recover unpaid fees, fines, and costs, including, without limitation, city’s reasonable attorney fees and other fees, costs, and expenses incurred by city to enforce this chapter.

(4) Any lien imposed pursuant to this chapter will accrue interest at the rate of nine percent per annum from the date the lien is recorded. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.310 Separate violations.

Each violation of this chapter will constitute a separate offense. Continuing violations of the same offense will not constitute a separate offense for each day the violation occurs. The rights and remedies imposed under this chapter are in addition to, and not in lieu of, any other rights and remedies available to city. If any provision of this chapter is violated by a firm, corporation, limited liability company, or any other legal entity, the directors, officers, shareholders, managers, members, partners, and similarly situated persons (as the case may be) will be personally subject to the penalties imposed under this chapter. In addition to any other penalty provided by law, a person adjudged responsible for violation of any of the provisions of this chapter may be ordered by the council or court to correct the violation. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.320 Warrants authorized.

Any circuit court or justice court within Harney County has the authority to issue warrants authorizing any code enforcement officer to enforce the provisions of this chapter, make searches and seizures reasonably necessary to enforce any provision of this chapter, and/or pursue any abatement permitted by this chapter. Every warrant authorized by this section will be supported by affidavit or sworn testimony establishing probable cause to believe that a nuisance violation has occurred. Searches and seizures authorized by this section may be executed by any code enforcement officer. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.330 Application of other codes.

Nothing in this chapter will be construed to relieve a person from complying with any federal, state, or local laws, regulations, and/or ordinances, including any other provisions of the code, or the requirement to obtain all necessary permits and approvals. The existence of a less stringent standard does not relieve a person from complying with a more stringent standard. [Ord. 24-901 § 2 (Exh. A), 2024]

8.10.340 Remedies not exclusive.

(1) The rights and remedies imposed by this chapter are in addition to, and not in lieu of, any other rights and remedies available to city, including, without limitation, the citation and enforcement procedures under Chapter 1.30 BMC, which may be pursued concurrently or consecutively and without waiving any right or remedy available to city.

(2) In addition to, and not in lieu of, any other provision in this chapter, when the city manager finds residential property in violation of this chapter and believes that the violation is a threat to the public health, safety, or welfare, and the owner has not acted in a timely manner to correct the violations, the city manager may apply to a court of competent jurisdiction for the appointment of a receiver to perform an abatement pursuant to the Oregon Housing Receivership Act (ORS 105.420 to 105.455). [Ord. 24-901 § 2 (Exh. A), 2024]