Chapter 8.04 NUISANCES

For the purpose of this chapter, except where the context indicates otherwise, the singular number includes the plural and the masculine gender includes the feminine, and the following mean:

(1) “City Administrator” means the City Administrator or person authorized by the City Administrator.

(2) “Solid waste” means all putrescible and nonputrescible wastes, as defined by ORS 459.005(24), including but not limited to garbage, rubbish, refuse, waste paper, cardboard, cans, bottles, containers, street refuse, swill, demolition and construction waste, manure, plant or vegetable or garden materials and dead animals.

(3) “Junk,” as used in this chapter, includes all motor vehicles which may not be operated due to lack of legal requirements, where the registration stickers or registration card has been expired by 90 days, and/or are not capable of being operated or driven, motor vehicle parts, abandoned motor vehicles, machinery, machinery parts, appliances or parts thereof, scrap iron, or other metal, glass, paper, lumber, wood, abandoned appliances or other abandoned or discarded material.

(4) “Owner” means “to have or hold real or personal property or to have power or mastery over such property.”

(5) “Person in charge of property” means an agent, occupant, lessee, contract purchaser or person, other than the owner, having possession or control of real or personal property.

(6) “Public place” means a building, place of accommodation, whether publicly or privately owned, open and available to the general public.

Statutory Reference: ORS 221.410.

History: Ord. 670 §1, 1964; Ord. 1387, 2007; Ord. 1490 §1, 2018.

II. Nuisances Affecting Public Health

8.04.020 Scattering rubbish.

No owner or person in charge may throw, dump, deposit, or allow to remain upon public or private property an injurious or offensive substance or any kind of rubbish, trash, debris, or refuse or any substance which would mar the appearance, create a stench or detract from the cleanliness or safety of such property, or would be likely to injure an animal, vehicle or person traveling upon a public way.

Statutory Reference: ORS 221.410.

History: Ord. 670 §2, 1964; Ord. 1387, 2007.

8.04.030 Junk keeping.

(1) Keeping of Junk a Nuisance. It is determined and declared that the keeping of any junk out-of-doors on any street, lot or premises within the city, or in a building that is not wholly or entirely enclosed except doors for use for ingress and egress, is a nuisance and unlawful.

(2) Keeping of Junk Without Enclosure Unlawful. No owner or person in charge of property may keep or allow to be kept any junk out-of-doors, on any street, or on any lot, or premises within the city; or, in a building that is not wholly or entirely enclosed except doors used for ingress and egress.

Statutory Reference: ORS 221.410.

History: Ord. 1035 §2, 1984; Ord. 1162 §1, 1992, Ord. 1387, 2007.

8.04.060 Prohibited and designated.

No owner or person in charge of property may permit or cause a nuisance affecting public health. The following are nuisances affecting the public health and may be abated as provided in this chapter:

(1) Privies. An open vault or privy constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with the Oregon State Board of Health regulations.

(2) Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests.

(3) Water Pollution. Pollution of a body of water, well, spring, stream or drainage ditch 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.

(4) Food. Decayed or unwholesome food which is offered for human consumption.

(5) Odor. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition.

(6) Surface Drainage. Drainage of liquid wastes from private premises.

(7) Solid Waste.

(a) Solid waste not contained in a closed container stored in a manner that is unreasonably offensive to surrounding neighbors.

(b) Storage of solid waste for more than 10 days from the date of deposit, except that leaves and trimmings may be stored in a manner not unreasonably offensive to surrounding neighbors.

(8) Smoke, Etc. Dense smoke, noxious fumes, gas, soot or cinders in unreasonable quantities.

(9) Harborage for Rats. Accumulation of any litter, filth, garbage, decaying animal or vegetable matter, which may or does offer harborage or source of food for rats.

(10) Properties Declared “Unfit for Use.” Property placed on the Oregon Health Division “unfit for use list” because it has been used for the manufacture of illegal drugs, until the property has been issued a “certificate of fitness” by the Oregon Health Division.

Statutory Reference: ORS 221.410.

History: Ord. 670 §6, 1964; Ord. 1387, 2007; Ord. 1490 §1, 2018.

III. Nuisances Affecting Public Safety

8.04.070 Abandoned ice boxes.

No owner or person in charge of property may leave in a place accessible to children an abandoned, unattended or discarded ice box, refrigerator or similar container which has an airtight door with a snap lock or lock or other mechanism which may not be released for opening from the inside, without first removing such lock or door from such ice box, refrigerator or similar container.

Statutory Reference: ORS 221.410.

History: Ord. 670 §7, 1964; Ord. 1387, 2007.

8.04.080 Attractive nuisances for playing children.

(1) No owner or person in charge of property may permit:

(a) Unguarded machinery, equipment or other devices on such property which are attractive, dangerous and accessible to children;

(b) Lumber, logs or piling placed or stored on such property in a manner so as to be attractive, dangerous and accessible to children; or

(c) An open pit, quarry, cistern or other excavation without erecting adequate safeguards or barriers to prevent such places from being used by children.

(2) This section shall not apply to authorized construction projects, if during the course of construction reasonable safeguards are maintained to prevent injury or death to playing children.

Statutory Reference: ORS 221.410.

History: Ord. 670 §8, 1964.

8.04.090 Snow and ice removal.

No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk may permit:

(1) Snow to remain on the sidewalk for a period longer than the first two hours of daylight after the snow has fallen;

(2) Ice to cover or remain on a sidewalk, after the first two hours of daylight after the ice has formed. Such person shall remove ice accumulating on the sidewalk or cover the ice with sand, ashes or other suitable material to assure safe travel.

Statutory Reference: ORS 221.410.

History: Ord. 670 §9, 1964.

8.04.100 Sidewalk repair.

(1) Owner Responsibility. It is the duty of all property owners in the city to keep the sidewalks on the streets thereof adjacent to or abutting on their respective real property in a good state of repair so as to eliminate the hazard of injuries to pedestrians using the same.

(2) Owner Liability. The owner or owners of real property in the city shall be liable to any person suffering injury by reason of any defect in the sidewalk adjacent to or abutting on the real property of the respective owner or owners.

(3) Maintenance and Repair Required. Real property owners in the city shall maintain and keep in repair all sidewalks, curbs and driveways, not to exceed one-half-inch vertical uplift or as determined by the City Administrator, along the streets and highways of the city in front of and as are adjacent to or abut on such owner’s or owners’ real property.

Statutory Reference: ORS 221.410.

History: Ord. 1398, 2008.

8.04.120 Certain fences.

(1) No person may construct or maintain a barbed wire fence or allow barbed wire to remain as a part of a fence along a sidewalk or public way, unless such wire is placed not less than six inches above the top of a board of picket fence which is not less than six feet high.

(2) No person may install, maintain or operate an electric fence within the city except to enclose livestock as such are defined in Section 17.06.250. In no event shall such an electric fence be located within a required yard setback area.

Statutory Reference: ORS 221.410.

History: Ord. 670 §12, 1964; Ord. 1048 §1, 1985.

8.04.130 Falling ice or snow from structures—Drainage of surface waters—Obstructing natural water course.

(1) No owner or person in charge of any building or structure may suffer or permit rain water, ice or snow to fall from such building or structure onto a street or public sidewalk or to flow across such sidewalk.

(2) The owner or person in charge of property shall install and maintain in a proper state of repair adequate drainpipes or a drainage system so that any overflow water accumulating on the roof or about such building is not carried across or upon the sidewalk.

(3) No person may construct or maintain any fence, dam or other obstruction of any kind in a natural water course such that water backed up by the obstruction would significantly affect any other property or improved public street.

Statutory Reference: ORS 221.410.

History: Ord. 670 §13, 1964; Ord. 1354, 2004.

8.04.140 Clear-vision area.

(1) Obstructions Prohibited. On property at any corner formed by the intersection of two streets, or a street and a railroad, it is unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance of any sign, fence, hedge, shrubbery, natural growth or other obstructions to the view higher than three feet above the level of the center of the adjacent intersection with that triangular area between the property line and a diagonal line joining points on the property lines at the distance from the intersection specified in this regulation. In the case of rounded corners, the triangular areas shall be between the lot lines extended in a straight line to a point of intersection and so measured, and a third side which is a line across the center of the lot joining the nonintersecting ends of the other two sides. The following measurements shall establish clear-vision areas:

Right-of-Way (in feet)	Measurement Each Lot Line (in feet)
80	20
60	30
50 or less	40

(2) Exceptions. The provisions set out in subsection (1) of this section shall not apply to:

(a) Public utility poles; trees trimmed (to the trunk) to a line at least eight feet above the level of the intersection; provided that the remaining limbs and foliage of the trees must be trimmed as to leave, at all seasons, a clear and unobstructed cross-view of the intersection; saplings, or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross-view of the intersection; supporting members of appurtenances to permanent buildings existing on the date when the ordinance codified in this chapter becomes effective; official warning signs or signals; places where the contour of the ground is such that there can be no cross-visibility at the intersection; or to signs mounted 10 or more feet above the ground and whose supports do not constitute an obstruction as defined in subsection (1) of this section.

(b) At corners of an intersection of a street controlled by stop signs or a traffic signal if the intersection has an unobstructed sight distance specified in a 2001 publication titled, “A Policy on Geometric Design of Highways and Streets” prepared by the American Association of State Highway and Transportation Officials (AASHTO), summarized in the table below.

Minimum Posted Speed	Intersection Sight Distance
20	225 ft.
25	280 ft.
30	335 ft.
35	390 ft.
40	445 ft.
45	500 ft.

Statutory Reference. ORS 221.410.

History: Ord. 670 § 15A, 1964; Ord. 844 § 1, 1975; amended during 1980 codification; Ord. 1359 §1, 2005.

IV. Other Nuisances

8.04.141 Noxious vegetation.

No owner or person in charge of property may maintain or allow noxious vegetation on any property or within public rights-of-way adjacent to that property:

(1) The term “noxious vegetation” includes:

(a) Weeds more than 10 inches high;

(b) Grass more than 10 inches high;

(d) Dead or decaying trees or tree limbs, dead bushes, stumps, and any other thing likely to cause a fire or that presents a safety hazard to the public or to abutting property owners;

(e) Uncontrolled or uncultivated growth of weeds, brush, berry vines, poison oak, poison ivy, tansy ragwort, or grasses 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;

(A) Exception. A buffer strip cut to a height of six inches for a width of 10 feet from the property lines shall be deemed an effective method of preventing propagation of wild grasses, weeds, thistles, and berry vines to neighboring properties. This exception does not apply where conditions offer vector or rodent harborage or constitute a fire hazard;

(f) Vegetation that is a health hazard;

(g) Trees, bushes, hedges, shrubbery, natural growth or other obstructions, weeds, grass or debris on property, or on adjoining street or public right-of-way, which interfere with street or sidewalk traffic, impair the view of a public thoroughfare, or otherwise make use of the thoroughfare hazardous. This includes trees and bushes on property and on the adjoining right-of-way which are not trimmed to a height of not less than seven and one-half feet above sidewalk level, over the street area at an elevation of not less than 11 feet above the street level and to a height of not less than 14 feet above the street level on any street designated as an arterial or one-way street, and where parking has been prohibited.

(2) The term “noxious vegetation” does not include vegetation that constitutes an agricultural crop, unless that vegetation is a fire, health or traffic hazard and is vegetation within the meaning of subsection (1) of this section. The term “noxious vegetation” does not include vegetation that is part of the natural topographic condition of city or state parks and greenway areas.

Statutory Reference: ORS 221.410.

History: Ord. 670 § 110, 1964; Ord. 1387, 2007; Ord. 1490 §1, 2018.

8.04.143 Garage, estate and yard sales.

No owner or person in charge of property shall conduct or allow to be conducted garage, estate, yard or similar sales on more than two occasions within any one calendar year at the same location. Such sales are limited to no more than 72 consecutive hours; otherwise sales are regulated as secondhand dealers pursuant to GMC Chapter 5.40.

Statutory Reference: ORS 221.410.

History: Ord. 1378 §1, 2006; Ord. 1490 §1, 2018.

8.04.144 Radio and television interference.

(1) No person may operate or use an electrical, mechanical or other device apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception; provided, that the radio or television receiver interfered with is of good engineering design.

(2) This section does not apply to electrical and radio devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission.

Statutory Reference: ORS 221.410.

History: Ord. 1035 §2, 1984.

8.04.145 Vehicle storage on private property.

(1) It is unlawful for any owner or person in charge to allow any vehicle to be parked within the front setback (as determined by the underlying zoning district) on any tract of land owned by any person, occupied or unoccupied, except on duly constituted and licensed trailer courts or sales lots.

(a) Exception. Such vehicle may be parked or stored on the property provided it:

(A) Does not constitute a hazard to traffic on the public streets or sidewalks;

(B) Does not restrict vision of motorists on the public street;

(D) Is parked on a concrete, asphalt or gravel driveway or pad which is free of any weeds or vegetation.

Statutory Reference: ORS 221.410.

History: Ord. 1490 §1, 2018.

8.04.146 Notices and advertisements.

(1) No person may affix or cause to be distributed any placard, bill, advertisement or poster upon real or personal property, 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 regulation now or hereafter adopted by the city regulating the use of and the location of signs or advertising.

(2) No person, either as principal or agent, may scatter, distribute or cause to be scattered or distributed on public or private property any placards or advertisements or other similar material.

(3) This section does not prohibit the distribution of advertising material during a parade or approved public gathering.

Statutory Reference: ORS 221.410.

History: Ord. 1035 §2, 1984.

8.04.148 Declaration of nuisance.

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

(2) In addition to those nuisances specifically enumerated within this chapter, every other thing, substance or act which is determined by the council 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 in this chapter.

Statutory Reference: ORS 221.410.

History: Ord. 1035 §2, 1984.

V. Abatement Procedure

8.04.149 Options for abatement.

The City Administrator or designee may abate nuisances through the municipal court in accordance with procedures as prescribed in Chapter 1.08 and/or as described in Sections 8.04.150 through 8.04.200 of this chapter.

Statutory Reference: ORS 221.410.

History: Ord. 1387, 2007.

8.04.150 Notice—Posting and mailing—Contents.

(1) Upon determination by the City Administrator that a nuisance as defined in this chapter and Chapter 9.12 (cruelty to animals) or any other ordinance of the city exists, the City Administrator shall forthwith cause a notice to be posted on the premises where the nuisance exists, directing the owner or person in charge of the property to abate such nuisance.

(2) At the time of posting, the City Recorder shall cause a copy of such notice to be forwarded by registered or certified mail, postage prepaid, to the owner or person in charge of the property at the last-known address of such owner or other person.

(3) The notice to abate shall contain:

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

(b) A direction to abate the nuisance within 10 days from the date of the notice;

(d) A statement that unless such nuisance is removed the city may abate the nuisance and the cost of abatement shall be a lien against the property; and

(e) A statement that the owner or other person in charge of the property may protest the abatement by giving notice to the City Recorder within 10 days from the date of the notice.

(4) 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.

(5) An error in the name or address of the owner or person in charge of the property or the use of a name other than that of the owner or other person shall not make the notice void and in such a case the posted notice shall be sufficient.

Statutory Reference: ORS 221.410.

History: Ord. 670 §18, 1964.

8.04.160 Abatement by owner.

(1) Within 10 days after the posting and mailing of the notice as provided in Section 8.04.150, the owner or person in charge of the property shall remove the nuisance or show that no nuisance exists.

(2) The owner or person in charge protesting that no nuisance exists shall file with the City Recorder a written statement which shall specify the basis for so protesting.

(3) The statement shall be referred to the council as a part of the council’s regular agenda at the next succeeding meeting. At the time set for consideration of the abatement, the owner or other person may appear and be heard by the council and the council shall thereupon determine whether or not a nuisance in fact exists and such determination shall be entered in the official minutes of the council. Council determination shall be required only in those cases where a written statement has been filed as provided.

(4) If the council determines that a nuisance does in fact exist, the owner or other person shall within 10 days after such council determination abate such nuisance.

(5) An owner or person in charge of property may not protest a determination of a public nuisance when the nuisance has been already determined by the City Council.

Statutory Reference: ORS 221.410.

History: Ord. 670 §19, 1964; Ord. 1354, 2004.

8.04.170 Abatement by city.

(1) If within the time allowed the nuisance has not been abated by the owner or person in charge of the property, the City Administrator may cause the nuisance to be abated.

(2) The officer charged with abatement of such nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance.

(3) The City Recorder shall keep an accurate record of the expense incurred by the City in abating the nuisance and shall include therein a charge of 20% of the expense for administrative overhead.

Statutory Reference: ORS 221.410.

History: Ord. 670 §20, 1964.

8.04.180 Assessment of costs.

(1) The City Recorder, by registered or certified mail, postage prepaid, shall forward to the owner or person in charge of the property a notice stating:

(a) The total cost of abatement including administrative overhead, including, but not limited to, the costs of police services incurred in city abatement of nuisances;

(b) That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice; and

(c) That if the owner or person in charge of the property objects to the cost of the abatement as indicated, he or she may file a notice of objection with the City Recorder not more than 10 days from the date of the notice.

(2) Upon the expiration of 10 days after the date of the notice, the council in the regular course of business shall hear and determine the objections to the costs to be assessed.

(3) If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs as stated or as determined by the council shall be made by the City Administrator and shall thereupon entered in the docket of city liens, and upon such entry being made shall constitute a lien upon the property from which the nuisance was removed or abated.

(4) The lien shall be enforced in the same manner as liens for street improvements are enforced, and shall bear interest at the rate of eight percent per year. Such interest shall commence to run from the date of the entry of the lien in the lien docket.

(5) An error in the name of the owner or person in charge of the property shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property.

Statutory Reference: ORS 221.410.

History: Ord. 670 §21, 1964; Ord. 872 §1, 1976; Ord. 1435 §1, 2011.

8.04.190 Not exclusive.

The procedure provided by this chapter is not exclusive but is in addition to procedure provided by other ordinances and the health officer, the chief of the fire department and chief of police may proceed summarily to abate a health or other nuisance which unmistakably exists and from which there is imminent danger to human life or property.

Statutory Reference: ORS 221.410.

History: Ord. 670 §22, 1964.

VI. Penalty

8.04.200 Violation—Penalty.

Violation of any provision of this chapter shall be a Class “A” infraction.

(1) Each day’s violation of a provision of this chapter constitutes a separate offense.

(2) The abatement of a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate a nuisance.

Statutory Reference: ORS 221.410.

History: Ord. 670 §§23, 24, 1964; Ord. 1035 §3, 1984.