Chapter 8.10
NUISANCES
Sections:
8.10.050 Specific nuisances prohibited.
8.10.055 Removal of animal waste.
8.10.057 Vehicle storage and repair in residential neighborhoods.
8.10.060 Routine and emergency inspection – Authority.
8.10.070 Abatement – General procedures.
8.10.080 Abatement – Emergency situations.
8.10.100 Appeal and hearing procedures – General requirements.
8.10.110 Appeal and hearing procedures – Review of decision.
8.10.120 Abatement by owner – Required.
8.10.130 Abatement by city – Assessment.
8.10.140 Waiver of assessments.
8.10.150 Liens against property.
8.10.010 Title.
This chapter shall be known as “Fairview Nuisance Code,” and may be so pleaded and referred to as such and shall apply within the jurisdictional limits of the city. (Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 1)
8.10.020 Definitions.
As used in this chapter, unless the context requires otherwise:
A. “City manager” means the city manager or an authorized designee.
B. “Council” means the Fairview city council.
C. “Discarded vehicle” means any vehicle on private property which meets at least two of the following conditions: It reasonably appears to be inoperative, wrecked, is in obvious disrepair, has no current vehicle registration plates displayed, or is totally or partially dismantled.
D. “Explosive” means a chemical compound, mixture or device that is used or intended to be used for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined by state law, black powder, smokeless powder, small arms ammunition and small arms ammunition primers.
E. “Firewood” means wood that is cut to lengths that will fit a lawfully permitted fireplace or wood stove installed on the property where the wood is located.
F. “Garbage” means all animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of food.
G. “Graffiti” means any inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface that is not authorized by the owner.
H. “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more streets or highways which join one another at an angle, whether or not one street or highway crosses the other.
I. “Liquid waste” means waste oil, septic tank pumping, liquid industrial wastes or other similar material.
J. “Municipal court judge” means a judge of the Fairview municipal court.
K. “Nuisance” means any annoying, unpleasant or obnoxious condition or practice, excepting noise, causing or capable of causing an unreasonable threat to the public health, safety and welfare; provided, that anything defined as a nuisance by city ordinance shall also be considered a nuisance.
L. “Owner” means any person having a legal interest in real or personal property or any person in possession or control of real or personal property, but excludes any person whose interest is for security only.
M. “Person” means any natural person, association, trust, partnership, firm or corporation, or other entity.
N. “Radioactive substance” means a substance which emits radiation in the form of gamma rays, x-rays, alpha particles, beta particles, neutrons, protons, high-speed electrons or other nuclear particles, but radiation does not include sound waves, radio waves, visible light, infrared light or ultraviolet light.
O. “Rodent” means a mouse or rat.
P. “Rubbish” means glass, metal, paper, wood, plastics or other nonputrescible solid waste.
Q. “Sewage sludge” means residual waste of sewage treatment plants, consisting of digested organic waste and indigestible solids.
R. “Sidewalk” means that portion of a public right-of-way, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.
S. “Solid waste” means all putrescible and nonputrescible wastes, whether in solid or liquid form, except wastes produced by the human body, liquid-carried industrial waste or sewage hauled as an incidental part of septic tank or cesspool cleaning service, and includes garbage, rubbish, ashes, fill dirt, sewage sludge, street refuse, industrial wastes, swill, demolition and used construction materials, abandoned vehicles or parts thereof, discarded home or industrial appliances, manure, vegetable or animal solids and semisolid waste, dead animals and other discarded solid materials.
T. “Vector” means any insect organism, including but not limited to flies, fleas, lice, ticks, fly maggots and mosquito larvae, capable of bearing or carrying a disease transmittable to human beings.
U. “Vehicle” means any device which is designed or used for transporting people, goods or property upon a public street or roadway, including but not limited to a body, engine, transmission, frame or other major parts, but does not include a device propelled by human power, such as a bicycle, or a device operated exclusively upon fixed rails or tracks. (Ord. 8-2021 § 1; Ord. 4-2017 § 1 (Exh. A); Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 2)
8.10.030 Purpose.
The council has determined it necessary to establish and maintain a program for the effective control and abatement of nuisances which constitute a threat to the health, safety and welfare of the people of the city and this chapter shall be liberally construed to effectuate that purpose. (Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 3)
8.10.040 Administration.
A. Enforcement. The city manager shall be responsible for the administration and enforcement of this chapter. An action to enforce the terms of this chapter may be brought before the Fairview municipal court consistent with the procedures set out in Chapter 2.27 FMC.
B. Rules and Regulations. The city manager may adopt rules necessary for the administration and enforcement of this chapter, consistent herewith. (Ord. 8-2021 § 1; Ord. 4-2017 § 1 (Exh. A); Ord. 8-2007 § 2; Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 4)
8.10.045 Notice procedure.
A. Abatement notices for violations of this chapter shall be provided in writing, except that courtesy notice of violations may be given in any form of communication prior to any abatement notice.
B. Written notice of violation provided under FMC 8.10.070 shall be mailed or personally delivered to the property owner of record. In addition, notice may be personally delivered or mailed to any property manager, tenant, or other party deemed to have need of notice. Any mailed notice may be sent by regular postpaid mail.
C. Written notice of a violation provided under FMC 8.10.080 shall be mailed to the property owner of record by certified or registered mail, return receipt requested, or signature confirmation. In addition, notice shall be posted to the subject property. (Ord. 4-2017 § 1 (Exh. A))
8.10.050 Specific nuisances prohibited.
A. It shall be unlawful for any person to maintain or allow to exist the following things, practices or conditions on any property or within public road rights-of-way adjacent to that property, which shall be nuisances:
1. A pond or pool of stagnant water which emits an obnoxious odor or is a source of vector breeding or otherwise presents a threat to the public health, safety and welfare;
2. An animal carcass not buried, destroyed or otherwise disposed of in a lawful manner within 24 hours after death;
3. Accumulation, collection or storage of solid waste without prior approval of lawful authority, unless the person is licensed thereby to operate a business specifically for those purposes;
4. An abandoned, discarded or unattended icebox, refrigerator or other container with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside;
5. Any property, whether vacant or improved, including any building, residence, structure or any accumulation of any materials which may attract or harbor vectors or rodents;
6. Any explosive or radioactive substance as herein defined, unless the possession is authorized by law;
7. Any accumulation of dirt, sand, gravel, pieces or chunks of concrete or other similar inorganic material, which is unsightly and reduces the aesthetic appearance of the neighborhood;
8. Graffiti on private property that is not removed within seven days of the date of written notice from the city manager;
9. An open pit, well, quarry, cistern, excavation or other hole of a depth of four feet or more and a top width of 12 inches or more without reasonable safeguards or barriers to prevent them from being accessible to children;
10. Dead or decaying trees and tree limbs that present a safety hazard to the public or to abutting property owners;
11. Any discarded vehicle upon private property;
12. Any vehicle or other personal property such as, but not limited to, a trailer, boat, recreation vehicle or pleasure craft, parked or stored in such a way as to obstruct the public sidewalk;
13. Signs, hedges, shrubbery, natural growth or other obstructions at or near intersections which hinder the view necessary for the safe operation of vehicles;
14. Obstruction to public sidewalks or roadways by trees, bushes, roots, other natural growth, soil and solid waste;
15. Any excavation which endangers the lateral support or causes cracking, settling or other damage to streets, sidewalks, or other public property;
16. Any building or structure which is either vacant or under construction, which is not locked or otherwise secured by barriers or other devices to prevent them from being accessible to children;
17. Signs placed illegally within the public right-of-way;
18. Uncontrolled or uncultivated growth of weeds, brush, poison oak, poison ivy, tansy ragwort or grasses over 14 inches in height which offer vector or rodent harborage, contribute noxious pollens to the atmosphere, constitute a fire hazard or unreasonably interfere with the use and enjoyment of abutting public or private property. Except, uncontrolled or uncultivated growth on public land or designated private conservation areas specifically for the purpose of providing native wildlife habitat shall not constitute a nuisance;
19. Any structure that is contaminated by toxic chemicals or that is in a condition that renders the structure unsafe. Where a governmental agency authorized by law to make the determination that a structure is unfit for use due to hazardous conditions on the property makes such a determination, there is a rebuttable presumption that the structure is a nuisance in violation of this chapter;
20. Maintaining an occupied travel trailer, motor home, camper, or vehicle or trailer modified for sleeping at any location other than a recreational vehicle park licensed under the provisions of the state, except as follows:
Vacation trailers and motor homes may be used by visitors of the residents, and shall be allowed on the residents’ property for a period of time not to exceed 14 days (or longer if approved by director of community development) in any consecutive six-month period;
21. Connection of any electric, water, sewer, gas, or telephone line from any source to a motor home, travel trailer, camper or utility trailer if any portion of such line between the connection at the termination and the point of connection at the source extends over, across, or under any public street, sidewalk, alley, or other public right-of-way or portion thereof;
22. Firewood that is not stacked and protected in such a way as to prevent deterioration;
23. Any fence or wall which is not structurally sound and in good repair;
24. Use or storage of furniture which is upholstered or not designed for outdoor use, or equipment or appliances which are not designed for outdoor use, in an outdoor area such as a porch, patio, or yard;
25. Waste receptacles or waste materials placed for collection in a manner not in accordance with FMC 8.20.245.
B. The enumeration of nuisances in subsection A of this section shall not limit the power of the city manager to investigate or declare any other condition a nuisance which is within the scope of FMC 8.10.020(K).
C. Except for notices posted by the city, state or federal government, no person may attach or cause to be attached an advertisement, bill, placard, poster or sign upon real or personal property, whether public or private, without first securing permission from the owner or person in control of the property. This section shall not be construed as an amendment to or a repeal of any city development code regulation of the use and location of signs. (Ord. 8-2021 § 1; Ord. 4-2017 § 1 (Exh. A); Ord. 2-2009 § 1; Ord. 12-2003 § 1; Ord. 4-2001; Ord 17-1998 § 1; Ord. 13-1993 § 5)
8.10.055 Removal of animal waste.
A. The owner or person having custody or control of any dog shall have the responsibility for cleaning up after the dog by immediately removing and disposing of in a sanitary manner any feces deposited by the dog upon public property or private property of another. “Sanitary manner” means placing the feces in a closed or sealed container and depositing in a trash receptacle. Further, it shall be the responsibility of the owner or person having custody or control of any dog to have in his/her possession suitable equipment for the picking up, removal and sanitary disposal of dog feces.
B. The provision of subsection A of this section shall not apply to a guide dog accompanying a blind person or to a service dog accompanying a disabled person or to a dog when used in police or rescue activities.
C. The provisions of this section are in addition to the provisions found in Multnomah County Code Section 8.10.170 as adopted in Chapter 6.05 FMC. (Ord. 12-2003 § 1; Ord. 4-2001; Ord. 11-1998 § 1)
8.10.057 Vehicle storage and repair in residential neighborhoods.
Every person shall maintain the following things, practices or conditions on any property used as a residence unless the practice or condition occurs as part of a lawfully established nonconforming use, or nonconforming development pursuant to the Fairview zoning code:
A. All driveways must be constructed with concrete, asphalt or comparable hard surface. “Driveway” means the private vehicular drive that connects a house, garage, carport or other building with the street.
B. Parking areas, other than driveways, must be surfaced with concrete, asphalt or not less than six inches of three-quarters inch minus or greater crushed stone. “Parking area” means any portion of the property, other than the driveway, that is used to park vehicles.
C. No commercial vehicle which exceeds 8,000 pounds gross weight, 21 feet in length or eight feet in height shall be parked in the driveway or parking area unless it is a vehicle that is routinely on standby and necessary to use under emergency circumstances.
D. Service, repair or storage of vehicles not owned and registered with the state of Oregon to a resident of the site is prohibited. A vehicle registered to a resident of the site may be serviced and repaired under the following conditions:
1. The service and repair is minor in nature. Minor service and repair includes tune-ups, replacement and servicing of oil and other fluids, and replacement and adjustment of minor parts such as tires, hoses, belts, filters, fuses, and similar items. It does not include: body and fender repair and replacement; painting; engine or transmission removal or replacement; or any work using (on a regular basis) welders, torches, or air-driven power tools. (Ord. 12-2003 § 1; Ord. 4-2001)
8.10.060 Routine and emergency inspection – Authority.
A. The city manager may enter any property or building at any reasonable time for the purpose of inspection or enforcing this chapter. Except when an emergency exists, the city manager shall obtain the consent of the owner or a warrant from the municipal court or other court of competent jurisdiction before entering private property or a private building. When an emergency is believed to exist, the consent of the owner or warrant requirement does not apply.
B. As used in this section and FMC 8.10.070 and 8.10.080, an emergency exists when the city manager has reasonable cause to believe that a nuisance constitutes an immediate and active danger to the public health, safety and welfare. (Ord. 8-2021 § 1; Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 6)
8.10.070 Abatement – General procedures.
A. An investigation may be conducted whenever the city manager receives a complaint that a nuisance exists.
B. Whenever the city manager believes there is reasonable cause to believe a nuisance exists, the city manager shall give written notice to the owner of the nuisance’s existence and demand abatement within 10 days from the date of the written notice or such lesser time to protect the public health, safety and welfare. The notice shall contain:
1. A description of the real property by street address or otherwise on which the nuisance exists sufficient to identify the same;
2. A description of the nature of the nuisance;
3. The action necessary to abate the nuisance;
4. The time within which the nuisance must be abated;
5. A statement that unless the nuisance is timely abated, the city may abate the nuisance and the cost of abatement shall be a lien against the property;
6. A statement that the city may file an action in Fairview municipal court under Chapter 2.27 FMC seeking an order of abatement if the owner fails to abate the nuisance voluntarily; and
7. A statement that the owner may request a hearing before the Fairview municipal court upon written request to the city manager within seven days of the date of the notice.
C. Nothing stated within requires the city or city manager to take any action unless it is in the city’s best interest to do so. (Ord. 8-2021 § 1; Ord. 8-2007 § 3; Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 6)
8.10.080 Abatement – Emergency situations.
A. In an emergency the city manager may order immediate abatement of a nuisance and give notice of the requirement for immediate abatement to the owner.
B. In an emergency, if required for public health, safety or peace reasons, and in lieu of action under subsection A of this section, the city manager may proceed with immediate abatement of the nuisance. The city manager shall then immediately send written notice of abatement to the owner of the property. (Ord. 8-2021 § 1; Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 8)
8.10.090 Uncontrolled or uncultivated vegetation.
Repealed by Ord. 4-2001. (Ord. 13-1993 § 9)
8.10.100 Appeal and hearing procedures – General requirements.
A. Any person receiving a notice under FMC 8.10.070(B) or 8.10.080 may request a hearing by writing the city manager within seven days of the date of the notice.
B. The city manager shall, upon receipt of request for a hearing, notify the municipal court and thereafter shall, consistent with the terms of FMC 2.27.070, notify the person requesting the hearing as to the hearing’s time and place.
C. The person requesting the hearing and the city manager shall have the rights accorded parties under Chapter 2.27 FMC. Any party may be represented by legal counsel.
D. After the hearing, the judge shall issue and mail a copy of the order determining the question to the person requesting the hearing, the city manager and other designated persons.
E. If the municipal court finds a nuisance to exist, the order shall set a date for abatement to be accomplished by the owner.
F. If the municipal court determines that anything removed under FMC 8.10.080(B) no longer constitutes a nuisance or can be released upon such condition as the municipal court judge may prescribe that will eliminate the nuisance, the person entitled thereto may claim it upon paying the expense incurred in its removal and storage as the case may be.
G. If the municipal court determines that there was a wrongful abatement under FMC 8.10.080(B), the judge may order the city manager to make reasonable restitution. (Ord. 8-2021 § 1; Ord. 8-2007 § 4; Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 10)
8.10.110 Appeal and hearing procedures – Review of decision.
Review of any action of the municipal court taken under this chapter and the rules adopted herewith shall be taken solely and exclusively in the manner set forth in Oregon Revised Statutes Sections 34.010 through 34.100. (Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 11)
8.10.120 Abatement by owner – Required.
Failure of the owner to abate the nuisance within 10 days as provided by FMC 8.10.070(B), or within the time set by the municipal court under FMC 8.10.060, 8.10.070, and 8.10.080 shall be an additional violation of this chapter. (Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 12)
8.10.130 Abatement by city – Assessment.
A. If an owner fails to abate a nuisance as required under this chapter, the city manager shall, prior to abating anything made a nuisance under this chapter, file an action against the owner pursuant to Chapter 2.27 FMC and obtain an order therefrom authorizing the abatement.
B. If the city abates the nuisance, an accurate record of the abatement costs shall be kept and shall include a surcharge of 40 percent of the cost of the abatement for administrative overhead and the costs associated with bringing the action under Chapter 2.27 FMC. A billing for the amount of the costs shall be forwarded by certified or registered mail, return receipt requested, to the owner. Payment shall be due to the city within 15 days from the date of the billing. (Ord. 8-2021 § 1; Ord. 8-2007 § 5; Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 13)
8.10.140 Waiver of assessments.
A. Conditions. The cost of abating a nuisance may be waived for low income, elderly or disabled persons, if upon timely application, it appears by the city manager that the following conditions are met:
1. The owner is disabled or over 65 years of age and, if single, had an income during the preceding calendar year from all sources of less than $7,500, or if the head of a family had an income during the preceding calendar year from all sources of less than $10,000; and
2. The owner is living on the property from which the nuisance is to be abated.
B. Waiver of Assessments – Application Procedures. An application for waiver of nuisance abatement costs shall be filed with the city manager, in writing, within 10 days from the date of notice of the amount of cost of abatement. The city manager may require the owner to supply additional information as evidence that the applicant qualifies under the provisions of this chapter. An application for waiver of nuisance assessment costs must be submitted for each cost of abatement notice sent to the applicant. (Ord. 8-2021 § 1; Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 14)
8.10.150 Liens against property.
A. The city manager shall cause a lien to be filed against the concerned property if payment is not made as provided in FMC 8.10.130 or waived under FMC 8.10.140.
B. The lien provided for in subsection A of this section shall be given priority over all liens except those for taxes and assessments and shall include interest at the legal rate accruing from the date billing is sent to the owner of the property.
C. The lien provided for in subsection A of this section shall be foreclosed in the manner prescribed by state law for the enforcement of liens and collection of assessments. (Ord. 8-2021 § 1; Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 15)
8.10.160 Summary abatement.
Repealed by Ord. 8-2007. (Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 16)
8.10.170 Violation.
A. Each Day Deemed Separate Offense. Each day’s violation of a provision of this chapter constitutes a separate violation and the abatement of a nuisance is not a penalty but rather a remedy.
B. Violation – Penalty. Any owner or person who is convicted of a violation of this chapter shall be fined not more than $1,000 for each offense. The penalties set forth in this section are in addition to and not in lieu of civil remedies.
C. Any person convicted two times for the same offense in violation of this chapter shall be considered on the third violation a “habitual offender” and shall be fined no less than $500.00 on the third and every subsequent conviction. (Ord. 8-2007 § 6; Ord. 12-2003 § 1; Ord. 4-2001; Ord. 13-1993 § 17)