Chapter 8.28
DRAINAGE CHANNEL MAINTENANCE
Sections:
8.28.020 Nuisance described--Offense punishable.
8.28.010 Purpose.
The purpose of this chapter is to prevent obstructions or accumulations of debris within Central Point drainage channels to reduce the adverse impacts of flooding on developed areas; to maximize the efficient conveyance of water through the city’s drainage system; and to conserve, protect and enhance the natural and beneficial uses of waterways within the city limits to the maximum extent practicable. (Ord. 1962 §1(part), 2012).
8.28.020 Nuisance described--Offense punishable.
A. It is unlawful and a public nuisance for any owner or occupant of real property to cause or allow natural or manmade drainage channels to be obstructed by the accumulation of debris or growth of vegetation in a manner that substantially impedes, diverts or alters water flow from its most efficient course.
B. It is unlawful and a public nuisance for any owner or occupant of real property in Central Point to reduce the capacity of or obstruct natural or manmade drainage channels through the intentional or unintentional disposal of grass clippings, brush, fill trash or other debris; and by allowing excessive nonnative vegetation growth.
C. Violation of this section may be abated as provided in this chapter and in addition shall be punishable as an ordinance violation under the general penalty ordinance of the city as set forth in Chapter 1.16. (Ord. 1962 §1(part), 2012; Ord. 1590 §1, 1987; Ord. 1557 §1(part), 1985).
8.28.030 Notice--Proceedings.
A. Whenever a condition prohibited by Section 8.28.020 is found to exist, the code enforcement officer may give notice to the owners and occupants of the property by causing the same to be sent by mail to such persons as are sought to be charged at their last known address, or if the mailing address of any owner or occupant is not known to the city, it shall be sufficient for the purpose of charging such person that the notice be addressed and sent in care of the person appearing as owner on the records of the county assessor of Jackson County. The notice:
1. Shall be directed to all persons shown on the assessor’s records or otherwise known to the city to be owners and occupants, whether corporate or otherwise;
2. Shall refer to the premises involved with convenient certainty, the street address, if any, being sufficient;
3. Shall include the name, if any, of the subject drainage;
4. Shall notify the addressees to remove the unlawful growth, blockage and/or debris from the drainage within fifteen days from the date of mailing; and
5. Shall instruct them to comply therewith within fifteen days from the date of the mailing.
The notice shall further inform the owners and occupants that, if the condition is not corrected within that period of time, the owners and occupants may be prosecuted for violation. The mailed notice shall further state that unless the unlawful obstruction or debris accumulation is removed within fifteen days after the date of the mailed notice, the city may cause the obstruction or debris accumulation to be removed from the premises and will charge the costs to the owners and occupants and make the same a lien against the property.
B. Any owner or occupant may, within ten days after service, appeal to the city manager for relief by filing a petition with the city recorder seeking hearing before the city manager. The petition shall include the facts upon which the petitioner relies for relief from the obligations of this chapter in relation to the property. If the city manager finds that it would work a real and unnecessary hardship upon the petitioner to comply with the terms of this chapter, it may relieve the petitioner of the obligations of the chapter in relation to the particular property, but nothing therein shall be construed as obligating the city to remove or abate the nuisance or hazard to public safety without charging the cost as a lien against the property.
C. If the condition is not corrected within the time limit and no relief has been granted, the city may abate the condition by removing the vegetation, blockage and/or debris from the drainage to such an extent as necessary to remove the potential hazard and ensure the most efficient natural flow of water, with such extent to be determined by the city manager or designee. A formula for abatement fees shall be established by resolution and reviewed annually by the council. The abatement fees, as calculated from the formula, shall thereafter be assessed as a lien against the property as provided in Section 8.28.040.
D. The above remedy shall not be exclusive and, in addition to proceeding by abatement, the city may proceed against the responsible owner or occupant in city court in the manner prescribed by law, or, if the condition is permanent, substantial or continuing, may proceed by suit in equity for mandatory injunction or such other relief as may be afforded by a court of equity. (Ord. 1962 §1(part), 2012; Ord. 1590 §2, 1987; Ord. 1557 §1(part), 1985).
8.28.040 Assessment of costs.
After the city has abated an unlawful growth of vegetation or accumulation of debris or deposit by removal thereof, the city recorder shall mail a notice of assessment to the owner and occupant of the property from which the city has abated the nuisance. The notice shall be addressed to the owners and occupants at the address shown in the office of the county assessor for said property and, if different, to the street address, if any, of the property. The notice shall contain:
A. A statement of the total cost, as defined in Section 8.28.030(C);
B. A statement that the cost constitutes a lien against the property, payable within thirty days;
C. A statement that the owner or occupant may file a written notice of objection with the city manager within ten days from the date of mailing the notice. Upon expiration of ten days after the date of mailing the notice, objections to the proposed assessment shall be heard and determined by the city council within thirty days of filing of the written notice. An assessment for the total cost of cutting or removal shall be determined by the city council and made by resolution and shall thereupon be entered in the docket of city liens, and then shall constitute a lien against the property from which the unlawful blockage, growth and/or debris was removed. The liens shall bear interest at the rate of seven percent per year from the date of entry in the lien docket and shall be enforced in the same manner as in the case of liens for local improvements. An error in the name of the owner or occupant shall not void the lien nor will a failure to receive notice of the assessment render it void, but it shall nevertheless remain a valid lien against the property. (Ord. 1962 §1(part), 2012; Ord. 1557 §1(part), 1985).