Chapter 8.12 NUISANCES

A. “Certificate of fitness” means a certificate issued for a particular property by the Oregon Health Division following a satisfactory site characterization by a licensed drug laboratory decontamination contractor, sampling and testing by an independent third party approved by the Oregon Health Division, and any necessary contamination reduction of the property by such licensed contractor. The certificate authorizes removal of the property from the State Building Codes Division’s “unfit for use” listing and allows reuse of the property.

B. “Enforcement official” means a city employee assigned by the city manager or designee to perform the requirements of this chapter.

C. “Person” means a natural person, firm, partnership, association or corporation.

D. “Person in charge of property” means an agent, occupant, lessee, contract purchaser, or person, other than the owner, having possession or control of the property. In the case of property subject to foreclosure as a result of bankruptcy or default of the legal owner, the city may deem the “person in charge of the property” to be the person, other than the legal owner, who has a primary lien, security, or mortgage interest in possession or control of the property or who is the deed of trust beneficiary of the property.

E. “Person responsible” or “responsible person” means the owner or person in charge of the property.

F. “Pollution” means the contamination or other alteration of any water’s physical, chemical or biological properties by the addition of any constituent and includes, but is not limited to, a change in temperature, color, turbidity, taste or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare or environment, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to animals, birds, fish or other aquatic life.

G. “Public place” means any building, place or accommodation, whether publicly or privately owned, open and available to the public.

H. “Unfit for use” is a designation by the Oregon Health Division that means that the property has been found to be, or there are reasonable grounds to believe that the property was, the site of illegal drug manufacture and may be contaminated with hazardous chemicals or substances and therefore is not fit to use until appropriate site assessment and any necessary contamination reduction procedures have been performed by a licensed drug laboratory decontamination contractor.

I. “Waterway” means any and all rivers, streams, creeks, lakes, reservoirs, ponds, wetlands, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the city of Cottage Grove or state of Oregon which are not entirely confined and retained upon the property of a single person. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.015 Culpability.

In order to obtain a conviction for violation of the provisions of this chapter and impose penalties provided in Sections 8.12.230 and 8.12.240, the city must prove that the defendant knowingly or recklessly allowed, caused, created, or permitted the alleged nuisance. (Ord. 3089 §1(part), 2018: Ord. 2934 §2, 2006)

II. NUISANCES AFFECTING PUBLIC HEALTH

8.12.020 Prohibited health hazards.

No person shall allow, cause, create, permit or suffer a nuisance affecting public health on private or public property. The following are not exclusive but illustrative of nuisances affecting public health and may be abated as provided in this chapter:

A. Open vaults or privies constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with State Health Division regulations.

B. Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time.

C. Putrescible wastes not removed at least every seven days.

D. Stagnant water that affords a breeding place for mosquitoes and other insect pests.

E. Pollution of a waterway, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that causes or would be likely to cause harmful material to pollute the water.

F. Decayed or unwholesome food offered for human consumption.

G. An outside toilet, cesspool, septic tank, barn, stable, corral, pen, chicken coop, rabbit hutch, compost, or other premises that are in such a state or condition as to cause an offensive odor or that are in an unsanitary condition.

H. Liquid wastes drained from private premises.

I. Mastics, fat, oil, grease or petroleum products or any other illicit discharge allowed to be introduced into the sanitary or stormwater system by a user.

J. Petroleum-contaminated soil placed or stockpiled on private or public property. “Petroleum-contaminated soil” shall be defined as material containing benzene, ethylbenzene, toluene, xylene or TPH (total petroleum hydrocarbons) in concentrations equal to or exceeding the minimum concentrations established by the Oregon Department of Environmental Quality for petroleum-contaminated materials.

K. Animal carcasses on streets or private or public property.

L. Animals or birds afflicted with communicable diseases.

M. Animals or birds maintained, kept or housed in such a number as to create offensive odors or noise.

N. Animals or livestock running at large. (Ord. 3159 §2, 2022; Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

III. NUISANCES AFFECTING PUBLIC SAFETY

8.12.030 Attractive nuisances.

No person shall allow, cause, create, permit or suffer a nuisance affecting public safety on private or public property. The following are not exclusive but illustrative of nuisances affecting public safety and may be abated as provided in this chapter:

A. Woodpiles, wood, lumber, rocks, bricks, blocks or metal within the streets or alleys or upon the sidewalks or planting strips for a period of time longer than twenty-four hours after placement of such material without first obtaining a permit from the city engineer.

B. A container with a compartment of more than one-cubic-foot capacity with a door or lid that locks or fastens automatically when closed that cannot be easily opened from the inside, which is maintained, left or abandoned in a place accessible to children.

C. A well, cistern, cesspool, excavation or other hole of a depth of four feet or more and a top width of twelve inches or more uncovered, not fenced or otherwise without a suitable protective construction.

D. Unguarded machinery, equipment or other device that is appealing, dangerous and accessible to children.

E. Lumber, logs or pilings placed or stored in a manner to be appealing, dangerous and accessible to children. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.040 Noxious vegetation.

No person shall allow, cause, permit or suffer noxious vegetation on property or in the right-of-way of a street, alley or sidewalk abutting the property. Noxious vegetation must be cut down or destroyed as often as needed to prevent the creation of a health, fire or traffic hazard, or, in the case of weeds or other noxious vegetation, from maturing or from going to seed. Noxious vegetation includes but is not limited to:

A. Vegetation that is or is likely to become:

1. A health hazard;

2. A fire hazard;

3. A traffic hazard, because it impairs the view of a public right-of-way or otherwise makes the use of the thoroughfare hazardous; or

4. Grass or weeds exceeding twelve inches. Properties used for crop cultivation and livestock grazing are exempt from the tall grass and weeds provision if a five-foot-wide cut or cleared fire break surrounds the perimeter of the property.

B. Poison oak.

C. Poison ivy.

D. Blackberry bushes that extend into a public way or a pathway frequented by children, or cross a property line. (Ord. 3089 §1(part), 2018: Ord. 2889 §2(part), 2003; Ord. 2878 §2(part), 2003)

8.12.045 Hazardous vegetation.

A. No owner or person in charge of property shall allow vegetation which constitutes a fire hazard to be on said property or in the right-of-way of a public thoroughfare abutting the property from May 15th through November 1st of each year. Hazardous vegetation shall be cut down or destroyed as often as needed to prevent the creation of a fire hazard. Hazardous vegetation includes but is not limited to the following which is in a dry and combustible state or which in the opinion of the enforcement official otherwise constitutes a fire hazard (the fire chief or his designate at the South Lane County Fire and Rescue District may be consulted to determine a fire hazard):

1. Wild blackberry bushes;

2. Weeds more than twelve inches in height;

3. Grass more than twelve inches in height;

4. Vegetation that:

a. Is near combustibles; or

b. Is likely to endanger buildings or other property if fired; or

c. Increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by the enforcement official.

B. Exclusion of Agricultural Crops. The term "hazardous vegetation" does not include an agricultural crop, unless that crop is determined by the city manager or his designate to be a fire hazard as defined in this chapter.

C. The enforcement official may waive the requirements of this chapter where in his opinion strict compliance with the requirements would be impracticable as they apply to certain types of vegetation or to a certain parcel of real property. The requirements may only be waived as they apply after inspection of the property with the fire chief or his designate. For example, terrain, natural boundaries, and other factors may warrant cutting less than one hundred percent of the hazardous vegetation if doing so abates the fire hazard. (Ord. 3158 §1, 2022; Ord. 3089 §1(part), 2018: Ord. 2889 §2(part), 2003)

8.12.050 Unauthorized dumping.

A. No person shall deposit, on public or private property, rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to injure a person, animal or vehicle traveling on a public way.

B. No person shall deposit trash, rubbish, debris, or refuse which was generated from a residence or business that did not result from a sanctioned park activity into public trash receptacles located in city parks. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.060 Trees, bushes and shrubs.

A. No person in charge of property shall allow or permit trees, bushes or shrubs on property abutting a street, alley or sidewalk to interfere with vehicular or pedestrian traffic. A person in charge of property shall keep all trees, bushes or shrubs on the premises, including the adjoining parking strip, trimmed so that any overhanging portions are at least eight feet above the sidewalk and at least thirteen feet, six inches above the roadway.

B. Trees, hedges and other shrubbery on corner lots shall be trimmed and maintained so as to permit the minimum vision clearance prescribed by Title 14. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.070 Fences.

A. Repealed by Ord. 2990.

B. No person shall allow, construct, permit, maintain or operate an electric fence in the city. (Ord. 3089 §1(part), 2018: Ord. 2990 §2, 2010; Ord. 2878 §2(part), 2003)

8.12.080 Surface waters and drainage.

A. No person shall permit rainwater, ice or snow to fall from a building or structure onto a street or public sidewalk or to flow across the sidewalk.

B. The person in charge of property shall install and maintain in a proper state of repair an adequate drainpipe or drainage system so that overflow water accumulating on the roof or about the building is not carried across or on the sidewalk or other property. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.090 Sidewalks.

A. The owner of real property abutting a sidewalk shall maintain the sidewalk in good repair and safe condition.

B. No owner or person in charge of any premises, improved or unimproved, abutting upon any public sidewalk shall permit snow or ice to remain on such sidewalk for a longer period than the first two hours of daylight after the snow has fallen. It shall be the duty of the person to remove any ice or snow accumulating on such sidewalk or to properly cover it with sand, ashes or other suitable material to assure safe travel.

C. No owner or person in charge of any premises, improved or unimproved, abutting upon any sidewalk shall permit leaves, rubbish, dirt and other litter or obstructions on such sidewalk.

D. The provisions of this section do not apply to authorized construction projects; provided, that during the course of construction reasonable safeguards are maintained to prevent injury or death to persons. (Ord. 3089 §1(part), 2018: Ord. 2983 §2, 2009: Ord. 2878 §2(part), 2003)

8.12.095 Liability for sidewalk injuries.

A. The owner of real property abutting a sidewalk shall be liable to any person injured because of failure by the owner to maintain the sidewalk in good repair and safe condition.

B. If the city is required to pay damages for an injury to any person caused by the failure of an owner to maintain a sidewalk in good repair or safe condition, the owner shall reimburse the city for the amount of the damages thus paid and for the attorney fees and costs, including appeal fees and costs of defending against the claim for damages. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section. (Ord. 3089 §1(part), 2018: Ord. 2983 §3, 2009)

IV. NUISANCES AFFECTING PUBLIC WELFARE

8.12.100 Radio and television interference.

A. No person shall operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception by a radio or television receiver of good engineering design.

B. This section shall not apply to electrical and radio devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.110 Unreasonable noise.

No person shall allow, cause, create or permit the continuance of unreasonable noise. The following enumerated noises are not exclusive but illustrative of unreasonable noises:

A. The keeping of an animal that by loud and frequent or continued noise disturbs the comfort and repose of a person in the vicinity.

B. The use of an engine, machine or device which is so constructed, out of repair or operated in such a manner as to create a loud or unreasonable grating, grinding, rattling or other noise.

C. The use of a mechanical device operated by compressed air, steam or otherwise unless the noise created is muffled.

D. The construction, including excavation, demolition, alteration or repair, of a building, vehicle or equipment other than between the hours of seven a.m. and nine p.m. except with a permit issued by the city manager.

E. The use or operation of an automatic piano, electric instrument, phonograph, loudspeaker, stereo or sound amplifying device so loudly as to disturb persons at least five feet beyond the property on which the sound originates as per allowed decibel levels designated in ORS 467.

F. Sound produced in conjunction with officially organized sporting events, parades, festivals, fairs and other events issued a permit from the city manager is exempt from the noise limitations. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.115 Graffiti.

No owner or occupant of any real property shall permit graffiti (as defined in ORS 164.381(1)) to remain upon any permanently fixed object on the owner’s or occupant’s property for a period exceeding ten days after notice of graffiti’s existence. (Ord. 3089 §1(part), 2018: Ord. 3030 §2, 2013)

8.12.120 Accumulation of debris and materials.

No person shall allow, cause, permit or suffer any old or scrap copper, brass, pipe, rope, wire, rags, batteries, paper, plastic, rubber, trash, debris, waste, or junked, dismantled, wrecked, scrapped or ruined appliances, motor vehicle parts, iron, steel, or other old or scrap ferrous or nonferrous material, metal or nonmetal materials to accumulate on private property within the sight of the public. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.130 Notices and advertisements.

A. No person shall affix or cause to be distributed any placard, bill, advertisement or poster upon any real or personal property, public or private, without first securing permission from the owner or person in charge of the property.

B. No person shall either as principal or agent scatter, deposit or distribute on the streets, sidewalks or other public places or upon any private property any placards or advertisements whatsoever.

C. Any placard, bill, advertisement or poster found posted or otherwise affixed upon any public property contrary to the provisions of this section may be removed by any employee of the city. The person responsible for such illegal posting shall be liable for the cost incurred in its removal.

D. This section shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the city regulating the use of and location of signs and advertising.

E. This section shall not be construed to prohibit the distribution of advertising material during any parade or approved public gathering. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.140 Properties declared “unfit for use” due to illegal drug manufacturing contamination.

A. Property placed on the Oregon Health Division “Unfit for use” list pursuant to ORS 453.879 because it has been used for the manufacture of illegal drugs shall be considered a nuisance ninety days after it has been listed and shall remain a nuisance until such time as it is issued a “certificate of fitness” by the Oregon Health Division, and no responsible person shall cause or permit such a condition to exist.

B. A failure to comply with this section shall be cause for a responsible person to be subject to the administrative enforcement procedures set forth in this chapter. The imposition of a penalty does not relieve a responsible person of the duty to abate the nuisance. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.145 Vacant, derelict, and dangerous structures.

This section provides methods whereby buildings or structures which, for any reason, endanger the health, property, safety, or welfare of the general public or the occupants of the building or structure, shall be required to be repaired, vacated, or demolished.

A. Administration, Inspections, and Right of Entry.

1. The public works director has the power to render interpretations of this section and to enforce rules and create supplemental guidance in order to clarify the application of the provisions of this section.

2. The enforcement official is authorized to enforce the provisions of this section.

3. When necessary to make an inspection to enforce the requirements imposed by the terms of this section, or when the enforcement official has reasonable cause to believe there exists in a building a condition which is contrary to or in violation of this section, making the building or structure unsafe, dangerous, or hazardous, the enforcement official may enter the building or premises at a reasonable time to inspect or to perform the duties imposed by this section. Before entering any site or structure for the purposes of inspection or abatement, the enforcement official will first obtain consent from a responsible person(s) for the premises or obtain an administrative search warrant from the city’s municipal court.

B. Vacant Structures.

1. A "vacant structure" means a structure or building that has not been lawfully occupied for more than thirty days. Vacant structures must be secured to prevent unauthorized entry by a person or persons and must be maintained according to city code.

2. Enforcement official(s) may declare a vacant structure to be a public nuisance if the structure is not maintained according to the city’s code or has been repeatedly entered by an unauthorized person or persons and, in addition to findings in support of one or both of the foregoing, upon observation and documentation of one or more of the following indicators of vacancy:

a. Visibly overgrown or dead vegetation at the property;

b. Visible accumulation of newspapers, circulars, flyers or mail;

c. Visible accumulation of trash, junk or debris;

d. Unsecured premises allowing unauthorized person(s) through any doors, windows, or apertures of the building or structure;

e. Yard areas of vacant buildings or structures not maintained in a condition that complies with the city code; or

f. A failure of responsible person(s) to respond to city inquiry of vacancy status or notices of code violations.

3. Enforcement official(s) may find, in addition to factors described in subsection (B)(2) of this section, the following indicators of vacancy. However, absent findings in accordance with subsection (B)(2) of this section, these indicators, one or both, are not sufficient to warrant declaration of a public nuisance:

a. Absence of typical household furnishing consistent with active residential habitation; or

b. Statements taken from neighbors, delivery agents or government employees that the property is vacant.

C. Derelict Structures.

1. Derelict structures are public nuisances.

2. A derelict structure means a structure or building with one or more of the following conditions:

a. One or more unresolved code violations;

b. Documented occupation by unauthorized persons;

c. Unrepaired property or structural damage caused more than thirty days ago by fire, wind, water or other natural causes; or

d. Unpermitted repairs, construction, or redevelopment.

D. Dangerous Structures.

1. Dangerous structures are public nuisances and must be repaired or demolished by the responsible person(s).

2. Declaring a structure as dangerous will involve the building official as necessary to determine compliance with building specialty codes adopted by the city.

3. A "dangerous structure" means any building, structure, or portion of a building or structure that has any condition in which public or private property, or the life, health, or safety of the public or persons occupying the structure, is threatened or endangered. Examples of conditions that will be considered dangerous include the following:

a. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

b. Whenever the walking surface of any aisle, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

c. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building specialty code adopted by the city for new buildings of similar structure, purpose or location.

d. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building specialty code adopted by the city for new buildings of similar structure, purpose or location.

e. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

f. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof, is not of sufficient strength or stability, or is not so anchored, attached or fastened in place, so as to be capable of resisting a wind pressure of one-half of that specified in the building specialty code adopted by the city for new buildings of similar structure, purpose or location without exceeding the work stresses permitted in the building specialty code for such buildings.

g. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

h. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.

i. Whenever, for any reason, the building or structure, or portion thereof, is manifestly unsafe for the purpose for which it is being used.

j. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

k. Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

l. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

m. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified by city code or building specialty code adopted by the city, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.

n. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty percent, or in any supporting part, member or portion less than sixty-six percent of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

o. Whenever a building or structure used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

p. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistant construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.

q. Whenever any building or structure is in such a condition as to constitute a public nuisance known to common law or in equity jurisprudence.

r. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

E. Abatement. After inspection, if a structure or building is determined to be a public nuisance as described above, then the enforcement official will commence proceedings to cause the repair, vacation, demolition, or any other required action. The enforcement official will comply with all procedural steps contained in this chapter, including summary abatement when warranted.

If a notice to abate requires vacation of the property, then an order to vacate will be posted on the premises. If a notice to abate requires repairs to abate the nuisance, then the notice will provide a date when the repairs must be physically commenced and a date when all repair work must be completed. If a notice to abate requires demolition of the property, then the notice will provide a date by which all permits must be obtained and a date when the demolition must be completed.

The dates set in the notices will be determined by the enforcement official on a case-by-case basis. (Ord. 3095 §1, 2018)

V. DECLARED PUBLIC NUISANCES

8.12.150 Declared public nuisances.

The acts, conditions or objects specifically enumerated and defined in Sections 8.12.010 through 8.12.145, inclusive, are declared public nuisances and may be abated by the procedures set forth in this chapter. In addition to those nuisances specifically enumerated within this chapter, every other thing, substance, condition or act which is determined by the city manager to be injurious or detrimental to the public health, safety, or welfare of the city is declared to be a nuisance and may be abated by the procedures set forth in this chapter. (Ord. 3095 §2, 2018: Ord. 3089 §1(part), 2018: Ord. 3043 §1, 2014: Ord. 2878 §2(part), 2003)

VI. ABATEMENT PROCEDURE

8.12.160 Notice to abate.

A. Upon determination by the enforcement official that a nuisance exists, as defined in this chapter or any other ordinance of the city, the city shall cause written notice to be posted on the premises where the nuisance exists, directing the owner or responsible person of the property to abate such nuisance.

B. At the time of posting, the city shall cause a copy of such notice to be forwarded by regular mail, postage prepaid, to the owner and/or person responsible at the last known address of such person(s) responsible. The city shall utilize the records of the county assessor, as necessary, to determine the last known address.

C. The notice to abate shall contain:

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

2. A direction to abate the nuisance up to ten days from the date of the notice (three to five days if a health hazard is determined).

3. A description of the nuisance.

4. A statement that, unless the nuisance is removed, the city may abate the nuisance and the cost of abatement plus an administrative fee of one hundred dollars or ten percent of incurred expenses, whichever is greater, will be charged to the owner or person responsible and secured as a lien against the property, if unpaid.

5. A statement that the owner or person responsible may protest the notice to abate by giving written notice to the city manager within the specified abatement time frame set in the notice.

D. Certificate of Mailing and Posting. Upon completion of the posting and mailing, the person posting and mailing the notice shall execute and file a certificate stating the date and place of such mailing and posting.

E. Sufficiency of Posted Notice. An error in the name or address of the person responsible or the use of a name other than that of the person responsible shall not make the notice void and in such case the posted notice shall be sufficient. (Ord. 3089 §1(part), 2018: Ord. 3043 §2, 2014: Ord. 2878 §2(part), 2003)

8.12.170 Reserved.

(Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.180 Abatement by the person responsible.

A. Within the specified abatement time frame set within the notice, as provided in Section 8.12.160(C)(2), the responsible person shall abate the nuisance or protest that no nuisance exists pursuant to subsection C of this section.

B. The person responsible or property owner may request an extension of time from the enforcement official. The enforcement official may grant reasonable extensions or accommodations to the specified time frames.

C. If protesting that no nuisance exists, the person responsible shall file a written statement with the city manager why no nuisance exists within the specified abatement time frame.

D. The city manager shall review protests and determine whether or not a nuisance in fact exists, set a time frame for any needed abatement and notify the person responsible or the property owner of the city manager’s determination and the opportunity to appeal that determination to the city council within five business days via first class mail.

E. The owner or person responsible may appeal the city manager’s determination by giving written notice to the city recorder within five days of the date of the city manager’s determination.

F. The appeal shall be referred to the city council as a part of its next regular meeting. The person protesting may appear and be heard by the council. The council shall determine whether a nuisance in fact exists and set a time frame for any needed abatement of the nuisance. The determination shall be entered in the official minutes of the council.

G. If the council determines that a nuisance in fact exists, the person responsible shall abate the nuisance within the time frame specified by the council. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.190 Joint responsibility.

If more than one person is a person responsible for the nuisance, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance and administrative overhead as set by Section 8.12.200(C). (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.200 Abatement by the city.

A. If the nuisance has not been abated by the person responsible within the time allowed, the enforcement official may cause the nuisance to be abated.

B. Subject to first obtaining the person responsible’s consent or an administrative search warrant, the city officer charged with abatement of the nuisance shall have the right to enter into or upon property at reasonable times to investigate or cause removal of a nuisance.

C. The enforcement official shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include a charge for administrative costs equal to one hundred dollars or ten percent of expenses incurred, whichever is greater. (Ord. 3089 §1(part), 2018: Ord. 2984 §1(part), 2009; Ord. 2878 §2(part), 2003)

8.12.210 Assessment of costs.

A. The enforcement official shall forward to the owner and the person responsible, by certified mail, a notice of assessment stating:

1. The total cost of the abatement, including administrative costs.

2. That the costs as indicated will be assessed to and become a lien against the property unless paid within thirty days from the date of the notice.

3. That if the owner or the person responsible objects to the cost of the abatement as indicated, a notice of objection may be filed with the city manager not more than five days from the date of the notice of assessment.

B. If a written objection to the cost of the abatement is timely filed with the city recorder, the council, at its next regularly scheduled meeting, shall hear and determine the objections to the costs to be assessed. If a written objection to the cost of abatement is timely filed, the thirty-day period for payment of the costs shall be tolled between the date the objection is filed and the date the council renders its decision on the objection.

C. If the costs of the abatement are not paid within thirty days from the date of the notice of assessment, an assessment of the costs as stated or as decided by the council shall be made by resolution and shall be entered in the docket of city liens. When such an entry is made, it shall constitute a lien on the property from which the nuisance was removed or abated.

D. The lien shall be enforced pursuant to ORS 223.505 through 223.650, establishing the method of enforcing liens and collecting assessments, and shall bear interest at the current statutory rate or such lesser rate as the city council may establish by resolution. Such interest shall commence to run from the date of entry of the lien in the lien docket.

E. An error in the name of the owner or the person responsible or a failure to receive the notice of assessment will not void the assessment, and it shall remain a valid lien against the property. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.220 Summary abatement.

The enforcement official may proceed to abate a health or other nuisance which unmistakably exists and from which there is an imminent danger to human life, safety, property, or waterway without first giving notice and an opportunity to abate to the owner or person responsible, subject to the requirements of Section 8.12.200(B). The cost of such summary abatement shall be assessed against the owner of the real property on which the nuisance exists or from which the nuisance originates and, if unpaid, shall be a lien against the real property and may be enforced and collected by the same procedures as set forth in this chapter for abatement and assessment. The procedure provided by this chapter is not exclusive but is in addition to procedures provided by other city code provisions. (Ord. 3089 §1(part), 2018: Ord. 2984 §1(part), 2009; Ord. 2878 §2(part), 2003)

VII. GENERAL

8.12.230 Penalties.

A. In addition to the costs of abatement, a violation of any provision of this chapter, except violations related to Sections 8.12.145(C) and (D), upon conviction in municipal court, is punishable by a fine of up to five hundred dollars for each separate offense.

B. In addition to the costs of abatement, a violation related to Sections 8.12.145(C) or (D), upon conviction in municipal court, is punishable by a fine of up to one thousand dollars and may be assessed against the property or any responsible person(s) for failure to abate all city-identified conditions contributing to classification of a structure as a derelict or dangerous structure. (Ord. 3095 §3, 2018: Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.240 Separate violations.

A. Each day’s violation of a provision of this chapter constitutes a separate offense.

B. The abatement of a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of a fine does not relieve a person of the duty to abate a nuisance. (Ord. 3089 §1(part), 2018: Ord. 3043 §3, 2014: Ord. 2878 §2(part), 2003)