Chapter 8.08
NUISANCES
Sections:
8.08.020 Conditions that constitute a nuisance.
8.08.030 Notification and abatement of nuisance.
8.08.040 Civil violation and penalty.
8.08.010 Definitions.
“Front yard” means that portion of the front yard setback extending from the sides of the principal dwelling unit to the street in front of the dwelling unit.
“Infestation” means the nesting, use, occupancy or location of one or more rats, mice, rodents, vermin, or other related or similar animals, on real property, real property improvements, or in accumulations of debris, solid waste or other matter located thereon.
“Offensive lighting” means lighting that unreasonably interferes with another person’s use or enjoyment of property or shines direct rays of light, including light from laser or other devices, towards a residence or individual, public or private property, significant natural resource area, vegetated corridor, water quality sensitive area, or preserved habitat benefit area, or into the night sky.
“Recreational vehicle” means a vacation trailer or other unit with or without its own power, designed for human occupancy and temporary recreational or emergency purposes, regardless of whether such recreational vehicle at issue is in fact being used for human occupancy temporarily, during an emergency, or permanently. “Recreational vehicle” includes camping trailers, camping vehicles, motor homes, park trailers, bus conversions, van conversions, tent trailers, travel trailers, truck campers and any vehicle converted for use or partial use as a recreational vehicle. [Ord. 2022-01 § 1 (Exh. A); Ord. 2015-02 § 1 (Exh. A)].
8.08.020 Conditions that constitute a nuisance.
Each of the following described conditions constitutes a nuisance and shall be abated in the manner prescribed herein:
A. Shade Trees, Ornamental Trees, or Hedges. The obstruction of sidewalks by permitting shade trees, ornamental trees, or hedges to grow in such a manner that the clear space over the sidewalk is less than seven feet free of branches or foliage for the full width of such sidewalk;
B. Poison Oak or Poison Ivy. Plants or shrubs commonly known as poison oak or poison ivy;
C. Debris, Solid Waste or Garbage. All accumulations of debris, solid waste, garbage, rubbish, leaves, nails, broken glass, metal, straw, brush, ashes, paper, wood, lumber, sawdust, trash, or other debris on any street, alley, or public or private real property in the city;
D. Noxious or Disagreeable Odors. Any accumulation or collection of manure, waste, garbage pile, filth, decaying or other deleterious substances, from which noxious or disagreeable odors arise or that attracts flies, or is detrimental to the health or comfort of any person in the city;
E. Abandoned Personal Property. Any personal property that is abandoned upon the streets, sidewalks, or alleys in the city. It shall be the duty of the chief of police or designee to take possession of such property and to post notice in the City Hall, describing the personal property and stating that if it is not claimed within 30 days it shall be sold at auction. The net proceeds of such sale shall be paid to the general fund for the use of the city;
F. Open Wells or Excavations. Open wells and other open excavations within the city exceeding four feet in depth and unprotected against the intrusion of persons and animals. It shall be the duty of the owner or owners of any premises or real property in the city on which exists an open well or other open excavation of a depth of four feet or more to close such well or excavation by enclosing the opening or excavation with a fence not less than four and one-half feet in height and covering the opening or excavation with securely anchored metal or concrete;
G. Wrecking and Dismantling. The accumulation, keeping or storing of any automobile, motor truck, trailer, semitrailer, motorcycle, self-propelled vehicle, machine, farm machinery, or any part thereof, for the purpose of wrecking, dismantling, permanently disassembling or substantially altering the item upon any street, alley or other public real property, or upon any private property not being confined within a building or within a solid enclosure at least six feet in height and not being a licensed motor vehicle wrecking business as defined and licensed under the laws of the state of Oregon;
H. Unlicensed Vehicles. The keeping or storing of any such automobile, motor truck, trailer, semi-trailer, motorcycle, or any self-propelling vehicle or machine, or farm machinery, requiring a motor vehicle license by the state of Oregon, and not having a current license displayed thereon, shall be deemed prima facie evidence of the accumulation, keeping or storing thereof for the purpose of wrecking, dismantling, permanently disassembling or substantially altering the form thereof in violation of this chapter;
I. Vermin Infestation. The infestation of real property, improvements thereon, or accumulations of debris, solid waste or other matter located thereon, with rats, mice, rodents, vermin and other related or similar animals;
J. Stagnant Water. Any pool of water which is without a proper inlet or outlet and which, if not controlled, will be a breeding place for mosquitoes and other similar insects;
K. Water Pollution. The pollution of any body of water, stream or river by sewage, industrial wastes, or other substances placed in or near such water in a manner that will cause harmful material to pollute the water;
L. Storage and Shipping Containers. The keeping or storing of any storage container, shipping container, shipping pod, moving pod, or other similar device, in any front yard, driveway or setback of a dwelling unit more than 14 days;
M. Parking on a Front Lawn. Parking or storing any automobile or truck, whether operable or not, on the front lawn of a dwelling unit, or on the area designed for a lawn or landscaping;
N. Recreational Vehicles, Trailers and Similar Devices in Front Yards. The keeping, storing, or placement of recreational vehicles, utility trailers, boats, flotation or other similar devices in any front yard of a dwelling unit, except as provided for in this section. Subject to EPMC 17.52.150 and 17.52.160, regarding vision clearance, recreational vehicles, utility trailers, boats, flotation or other similar devices may be parked, placed or stored in any front yard only under the following conditions:
1. On a driveway directly connected to a curb cut on the street, or in a parking space that is adjacent to the driveway, behind the public sidewalk or sidewalk area if no sidewalk currently exists;
2. The driveway and any adjacent parking space shall be on a prepared surface consisting of concrete, asphalt, brick, gravel, or equivalent, but not dirt, lawn or vegetation. Parking on the front lawn, or area designed for a front lawn or landscaping, is not allowed;
3. Recreational vehicles, utility trailers, boats, flotation devices and other similar devices that are parked in a front yard driveway shall be oriented with the narrowest side to the street in order to minimize visual presence. Recreational vehicles or other devices shall not be parked at a diagonal angle within a front yard driveway;
4. For properties or driveways that may be of an unusual design, or located on an intersection corner, or have two driveways or accesses, or not connected at a 90-degree angle to the public street, or subject to other unique hardships due to enforcement of this subsection, the police chief, upon written request from the dwelling owner or occupant, may exercise discretion to issue a special exception to the parking orientation and standards set out in this subsection;
O. Offensive Lighting. No person shall knowingly allow or direct a lighting fixture or device to shine light that unreasonably interferes with another person’s use or enjoyment of property or shines direct rays of light towards a residence or individual, public or private property, significant natural resource area, vegetated corridor, water quality sensitive area, or preserved habitat benefit area. Direct rays from lighting sources shall not be visible past property boundaries and shall not shine into the night sky, accomplished by orienting lighting fixtures towards the ground or by utilizing shields, hoods or full cut-off design lighting fixtures. All lighting, except park lights or streetlights, shall comply with these standards. [Ord. 2022-01 § 1 (Exh. A); Ord. 2015-02 § 1 (Exh. A); Ord. 2004-10; Ord. 2000-15 § 2; Ord. 5-2 § 1, 1969. Formerly 8.08.010].
8.08.030 Notification and abatement of nuisance.
It shall be the duty of the chief of police, or designee, upon determination that a nuisance exists as set forth in this chapter, to notify the owner, occupant, agent or other person in possession of the real property upon which the nuisance exists. If the owner, occupant, agent or other person in possession of the real property is not known or their address is not known, then the chief of police, or designee, shall send a notice by registered mail to the last known address of such person in charge of the real property. Such notice shall state the nature of the nuisance and the manner in which it must be abated. If such nuisance is not abated within a period of 10 days, the chief of police, or designee, shall cause to be abated such nuisance and the cost thereof shall be a lien upon the real property where such nuisance exists. [Ord. 2022-01 § 1 (Exh. A); Ord. 2015-02 § 1 (Exh. A); Ord. 2000-15 § 2; Ord. 5-2 § 2, 1969. Formerly 8.08.020].
8.08.040 Civil violation and penalty.
Violation of this chapter is a civil infraction subject to the general penalty as set forth in Chapters 1.16 and 1.20 EPMC, or as hereafter revised, currently providing for a penalty of not more than $250.00 per day for individuals. [Ord. 2022-01 § 1 (Exh. A); Ord. 2015-02 § 1 (Exh. A)].
8.08.050 Appeal.
If in the opinion of the owner, occupant, agent or other person in possession of the property such nuisance does not exist, they may appeal in writing to the city administrator within 10 days after the receipt of such notice. The city administrator may uphold, overturn or modify the decision of the chief of police or designee. In the event the owner, occupant, agent or other person in possession of the property does not agree with the decision of the city administrator, they may in writing to the city administrator request an appeal to the city council. The city administrator will schedule the appeal to the city council and notify the appellant at least 15 calendar days before the scheduled city council meeting. The city council may uphold, overturn or modify the decision of the city administrator. If the city council determines such nuisance exists, abatement thereof shall be completed within 10 days after the determination of the city council. [Ord. 2022-01 § 1 (Exh. A); Ord. 2015-02 § 1 (Exh. A)].