Chapter 5.05 NUISANCES

“Debris” means the remains of something broken down or destroyed, including, but not limited to: scrap metal, scrap paper, scrap plastic or scrap wood; pieces of asphalt, concrete, lumber or other building supplies; yard clippings or cuttings of plant material; broken empty glass, plastic or metal containers; broken furniture; discarded home or industrial appliances; or other putrescible or nonputrescible wastes and discard materials.

“Discarded vehicle” means any vehicle that does not have lawfully affixed thereto an unexpired license plate or is in one or more of the following conditions: wrecked, dismantled, partially dismantled, abandoned, or junked. A discarded vehicle includes major parts thereof, including, but not limited to: bodies, engines, and transmissions.

“Garbage” means food waste, animal and vegetable waste, dead animal carcasses, refuse, rubbish, household trash, or other useless or discarded material.

“Inoperable vehicle” means a vehicle which has broken or missing windows; or a broken or missing windshield; or one or more missing wheels; or one or more missing tires; or is missing a transmission; or the existing transmission is inoperable; or is missing one or more other parts so that the vehicle cannot be driven.

“Junk” means any object or material which is manufactured or manmade, whether of artificial materials or natural materials, which has been abandoned or discarded, or which is inoperable, or which is in a state of disrepair, or which is useless to serve its intended purpose in its current condition, or which is being kept or stored to serve some useful purpose in the future. Junk may be included within, but is not limited to, one of the following classifications:

(a) Inoperable household appliances such as washers, dryers, refrigerators, dishwashers, water heaters, stoves, and similar items.

(b) Used household furniture such as sofas, beds, chairs, tables, mattresses and similar items.

(d) Used building materials such as lumber, stone, brick, plywood, wire, plumbing fixtures, lighting fixtures, heating fixtures, and similar items.

(e) Discarded or abandoned vehicles, parts of vehicles, or recreation equipment.

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

“Person in charge of property” means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project.

Person Responsible. The person responsible for abating a nuisance includes:

(a) The owner.

(b) The person in charge of property, as defined in this section.

(c) The person who caused the nuisance, as defined in this chapter or another ordinance of the city, to come into or continue in existence.

“Public place” means a building, right-of-way, place or accommodation, publicly or privately owned, open and available to the general public.

“Store or storage” means to keep, accumulate, or allow to remain, on any property, any vehicle, junk, tire or other object or material subject to regulation by this chapter.

Unoccupied Building. An “unoccupied building” is a building that is not being used for its primary purpose, e.g., a house that is not being lived in, or a commercial building that is not in use as a place of business. For the purpose of this chapter, a building is considered to be unoccupied if it has been unused for a continuous period in excess of 60 days.

“Vehicle” means any device in, upon, or by which any person or property is or may be transported or drawn upon a public road, and includes vehicles that are propelled or powered by any means, but does not include a device propelled by human power. [Ord. 424 § 1, 2018.]

Article I. Nuisances Affecting Public Health

5.05.020 Removal of carcasses.

No person shall permit an animal carcass owned or controlled by that person to remain upon public property, or to be exposed on private property, for a period of time longer than is reasonably necessary to remove or dispose of the carcass. [Ord. 424 § 2, 2018.]

5.05.030 Nuisances affecting public health.

No person shall cause or permit a nuisance affecting public health on property owned or controlled by the person. The following are nuisances affecting public health and may be abated as provided in this chapter:

(1) 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.

(2) Accumulations or storage of debris, manure, garbage or junk that are not removed within a reasonable time and that affect the health of the city.

(3) Stagnant water that affords a breeding place for mosquitoes and other insect pests.

(4) Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that will cause harmful material to pollute the water.

(5) Decayed or unwholesome food offered for human consumption.

(6) Premises that are in such a state or condition as to cause an offensive odor or that are in an unsanitary condition.

(7) Drainage of liquid wastes from private premises.

(8) Cesspools or septic tanks that are in an unsanitary condition or that cause an offensive odor. [Ord. 424 § 3, 2018.]

Article II. Nuisances Affecting Public Safety

5.05.110 Creating a hazard.

No person shall create a hazard by:

(1) Maintaining or leaving, in a place accessible to children, a container with a compartment of more than one and one-half cubic feet capacity and a door or lid that locks or fastens automatically when closed and that cannot be easily opened from the inside.

(2) Being the owner or person in charge of property on which there is a well, cistern, cesspool, excavation, or other hole of a depth of four feet or more, and a top width of 12 inches or more, and failing to cover or fence it with a suitable protective construction. [Ord. 424 § 11, 2018.]

5.05.120 Attractive nuisances.

No owner or person in charge of property shall permit on the property:

(1) Unguarded machinery, equipment or other devices that are attractive, dangerous and accessible to children.

(2) Lumber, logs or piling placed or stored in a manner so as to be attractive, dangerous and accessible to children.

(3) No owner or person in charge of property shall fail to secure an unoccupied building in such a manner as to make it inaccessible to transients or children. [Ord. 424 § 12, 2018.]

5.05.130 Snow and ice.

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

(1) Snow to remain on the sidewalk for a period longer than the first 24 hours after the snow has fallen.

(2) Ice to remain on the sidewalk for more than two hours of daylight after the ice has formed, unless the ice is covered with sand, ashes or other suitable material to assure reasonably safe travel. [Ord. 424 § 13, 2018.]

5.05.140 Open burning.

(1) No person shall burn household garbage, plastics, wire insulation, auto bodies, asphalt, petroleum products, rubber products, animal remains, food waste, tires, industrial waste or any material that emits dense smoke or noxious odors.

(2) Controlled burning of dried brush, shrubs, leaves, and tree trimmings is permitted on burn days in burn season as permitted by Linn County and the state of Oregon. [Ord. 424 § 14, 2018.]

5.05.150 Trees and noxious vegetation.

(1) Between May 15th and September 30th of any year, no owner or person in charge of property shall allow noxious vegetation to be on the property or in the right-of-way of a public thoroughfare abutting the property. An owner or person in charge of property shall mow, cut, dig, or otherwise remove noxious vegetation as often as needed to prevent it from becoming unsightly, from becoming a fire hazard, or an obstruction to a public right-of-way.

(2) The term “noxious vegetation” does not include vegetation that constitutes an agricultural crop, unless the vegetation is a health hazard, or a fire or traffic hazard within the meaning of HMC 5.05.160.

(3) The term “noxious vegetation” does include, at any time between May 15th and September 30th:

(a) Weeds more than 10 inches high.

(b) Grass more than 10 inches high.

(d) Poison ivy.

(e) Rampantly growing plants or vines (such as blackberries or bamboo) that:

(i) Cross property lines without permission of the adjacent property owner;

(ii) Cause damage to fences or structures;

(iii) Cross onto the public right-of-way, obstruct vision or impede travel on any part of a street or sidewalk; or

(iv) Constitute a fire hazard as defined in an applicable provision of the State Fire Code.

(4) Between April 15th and May 15th of each year, the city administrator may cause to be published two times in a newspaper of general circulation in the city a copy of subsections (1) and (3) of this section as a notice to all owners and persons in charge of property of the duty to keep their property free from noxious vegetation. The notice shall state that the city is willing to abate the nuisance on a particular parcel of property at the request of the owner or person in charge of the property for a fee sufficient to cover the city’s abatement costs. The notice shall also state that, even in the absence of such requests, the city intends to abate all such nuisances 10 or more days after the final publication of the notice and to charge the cost of doing so on a particular parcel of property to the owner or the person in charge of the property, or the property itself.

(5) If the notice provided for in subsection (4) of this section is used, it shall be in lieu of the notice required by HMC 5.05.380. [Ord. 424 § 15, 2018.]

5.05.160 Hazardous vegetation.

(1) As used in this section “hazardous vegetation” includes:

(a) Any vegetation which interferes with the normal use of or obstructs a public street or sidewalk. Trees and bushes which are trimmed to a height of not less than eight feet above the sidewalk and not less than 10 feet above the roadway are acceptable and presumed not to interfere.

(b) Vegetation which impairs the traveling public’s view of the public thoroughfare or traffic signs located thereon.

(c) A dead or decaying tree which is a hazard to the public use of the public thoroughfare or to persons or property near the tree.

(d) Any vegetation which is near combustibles which are stored so as to create a hazard.

(2) No owner or person in charge of property shall permit hazardous vegetation to exist at any time upon the property or in the public right-of-way abutting the property which includes but is not limited to the adjoining parking strip. [Ord. 424 § 16, 2018.]

5.05.170 Appliances and fixtures.

No person shall leave, store or place any inoperable or discarded washer, dryer, ice box, freezer, refrigerator, dishwasher, stove, water heater or other household appliance or any plumbing fixture on public or private property outside of a building unless it is completely enclosed by a solid fence or other solid structure and is not visible from a public right-of-way, other public area, or another private property. [Ord. 424 § 17, 2018.]

5.05.180 Household goods.

No person shall leave, store or place any discarded couch, chair, mattress, carpet or other piece of household furniture or furnishings on public or private property outside of a building, unless it is completely enclosed by a solid fence or other solid structure and is not visible from a public right-of-way, other public area, or another private property. [Ord. 424 § 18, 2018.]

5.05.190 Junk and debris.

No person shall allow the accumulation, collection, or storage of junk or debris to occur on property under their possession or control that is visible from the public right-of-way, other public area, or another private property. [Ord. 424 § 19, 2018.]

5.05.200 Scattering rubbish.

No person shall deposit, on public or private property, any debris, junk, garbage, or other 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 right-of-way. [Ord. 424 § 20, 2018.]

5.05.210 Fences.

(1) No owner or person in charge of property shall construct or maintain a barbed-wire fence along a sidewalk or public way below six feet above the level of the sidewalk or public way.

(2) No owner or person in charge of property shall construct, maintain, or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person. [Ord. 424 § 21, 2018.]

5.05.220 Waters, drainage.

(1) No owner or person in charge of a building or structure shall permit rainwater, ice or snow to fall from the building or structure onto a street or public sidewalk or to flow across the 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 overflow water accumulating on the roof or about the building is not carried across or on the sidewalk. [Ord. 424 § 22, 2018.]

5.05.230 Dangerous buildings.

(1) For the purposes of this section “dangerous building” means any of the following:

(a) Any structure, building, building appendage, or building service equipment which is determined by the building official to be deficient in terms of life safety, including, but not limited to, inadequate exitway facilities. The term “inadequate exitway facilities,” for the purpose of this definition, means exit facilities which did not conform with all applicable laws at the time of their construction, which have not been properly maintained in good condition, or which have not been properly modified to cope with any increase in any occupant load, any alteration or addition to the building, or change in occupancy of the building.

(b) Any structure, building, or building appendage which, because of improper construction, damage, structural weakness, or deterioration by reason of lack or want of maintenance and proper repair, is structurally unsound and which could lead to its partial or entire collapse so as to endanger other properties or human life. These conditions may include, in addition to others:

(i) Deteriorated or inadequate foundations;

(ii) Defective or deteriorated flooring or floor supports;

(iii) Flooring or floor supports of insufficient size to safely carry imposed loads;

(iv) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective materials, methods of construction or deterioration;

(v) Members of walls, partitions or other vertical supports which are of insufficient size to safely carry imposed loads;

(vi) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle, or which are of insufficient size to safely carry imposed loads;

(vii) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle, due to defective material, methods of construction or deterioration;

(viii) Fireplaces or chimneys which list, bulge or settle, due to defective material, methods of construction or deterioration;

(ix) Fireplaces or chimneys which are of insufficient size or strength to safely carry imposed loads.

(c) Any building appendage or service equipment which, because of improper construction, deterioration, improper installation, damage, or for the want of proper repairs, such as defective wiring or equipment, defective gas connection, defective heating apparatus, defective chimney, or for any other cause or reason, is especially liable to cause fire, electrical shock or asphyxiation.

(d) Any building, structure, or portion thereof, containing any combustible or explosive material, wood, paper, trash, rubbish, rags, waste, oils, gasoline or flammable substance of any kind especially liable to cause fire or damage to the premises or human life, and which is not maintained in accordance with law.

(e) Any building, structure, or portion thereof, which is maintained in a filthy or unsanitary condition, such as through an accumulation of garbage, human or animal waste, decaying animal or vegetable matter, wood, paper, trash, rubbish or debris in such a manner so as to attract rodents or be unhealthful and especially liable to cause a spread of fire or contagious or infectious disease.

(f) Any building, structure or portion thereof, which has not been provided with the fire-resistive construction or fire-extinguishing systems or equipment required by law, or, if built with fire-resistive and fire-extinguishing systems or equipment, has not been properly maintained or improved to comply with any increase in occupant load, any alteration or addition to the building, or any change in occupancy of the building.

(g) Any building or structure which contains any combination of unsafe conditions or items including open and abandoned buildings, which could endanger other property or human life.

(2) No owner or person in charge of property shall permit a dangerous building to exist on the property.

(3) No person shall rent, lease, reside in or conduct business within a building which has been declared to be a dangerous building pursuant to the provisions of this chapter during any period prior to abatement of the dangerous condition. [Ord. 424 § 23, 2018.]

5.05.240 Discarded and inoperable vehicles.

(1) Discarded Vehicles Prohibited. It shall be unlawful to park, store, or leave, or permit the parking or storing of, any discarded vehicle upon any public or private property within the city, unless it is located where it is not visible from outside the owner’s property, or unless it is in connection with a properly authorized business pursuant to the zoning laws of the city.

(2) Inoperable Vehicles. It shall be unlawful to park, store or leave or permit the parking or storing of more than two inoperable vehicles upon any public or private property within the city, unless such vehicles are located where they are not visible from outside the owner’s property, or unless it is in connection with a properly authorized business pursuant to the zoning laws of the city. [Ord. 424 § 24, 2018.]

Article III. Nuisances Affecting Public Peace

5.05.290 Radio and television interference.

(1) 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.

(2) This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission. [Ord. 424 § 29, 2018.]

5.05.300 Storage of property on the public right-of-way.

No person shall store or permit to be stored any personal property of any kind on any public right-of-way, street, alley, parking strip, sidewalk, ditch or curb, except for legally parked motor vehicles as permitted by Chapter 6.15 HMC, Traffic. Failure to move personal property for a period of 72 hours shall constitute prima facie evidence of storage of personal property. [Ord. 424 § 30, 2018.]

Article IV. Declaration of Nuisances

5.05.340 Enumerated nuisances.

The acts, conditions or objects specifically enumerated and defined in HMC 5.05.020 to 5.05.300 are declared public nuisances and may be abated by the procedures set forth in HMC 5.05.370 to 5.05.450. [Ord. 424 § 34, 2018.]

5.05.350 Unenumerated nuisances.

In addition to the nuisances specifically enumerated in this chapter, every other thing, substance or act that is determined by the council to be injurious or detrimental to the public health, safety or welfare of the city is declared a nuisance and may be abated as provided in this chapter. [Ord. 424 § 35, 2018.]

Article V. Investigation and Determination

5.05.360 Investigation and determination.

The existence of an enumerated nuisance shall be determined by the city administrator. Upon determination that a condition or action exists which violates this chapter, the city administrator may cite the person responsible into municipal court for the offense, may initiate proceedings to abate the nuisance, or both. The city administrator may also determine that even though a violation exists, the city lacks the resources to enforce this chapter and will leave enforcement to a civil action by persons affected. [Ord. 424 § 36, 2018.]

Article VI. Abatement Procedure

5.05.370 Voluntary compliance.

(1) Upon determination that a nuisance exists as defined in this chapter, the city administrator has the option to solicit voluntary compliance by sending a letter to, or by a telephone call followed by a letter documenting the conversation with, the person responsible for abating the nuisance; and establishing a deadline for compliance with provisions of this chapter. If the city administrator confirms the person responsible has not voluntarily complied within the time period, or if the violation is a recurrent violation, the city administrator may initiate formal abatement proceedings by causing a notice to be posted and mailed as described in HMC 5.05.380.

(2) In the event the person responsible has made significant improvement to the property, and requests additional time, or where there is an extreme hardship as determined by the city administrator, the city administrator may extend the deadline. [Ord. 424 § 37, 2018.]

5.05.380 Notice.

(1) On determination that an enumerated nuisance exists, the city administrator shall post a notice on the premises or at the site of the nuisance, directing the person responsible to abate the nuisance.

(2) At the time of posting, the city administrator shall mail a copy of the notice by registered or certified mail to the person responsible at the person’s last known address.

(3) The notice to abate shall contain:

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

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

(d) A statement that, unless the nuisance is removed, the city may abate the nuisance and the cost of the abatement will be charged to the person responsible and become a lien against the property.

(e) A statement that failure to abate a nuisance may warrant imposition of a fine.

(f) A statement that the person responsible may protest the order to abate by giving written notice to the city administrator within 10 days from the date of the notice.

(4) If the person responsible is not the owner, an additional notice shall be sent to the owner, stating that the cost of abatement not paid by the person responsible may be assessed to and become a lien on the property.

(5) Upon completion of the posting and mailing, the persons posting and mailing shall execute and file certificates stating the date and place of the mailing and posting.

(6) An error in the name or address of the person responsible shall not make the notice void, and in such case the posted notice shall be sufficient. [Ord. 424 § 38, 2018.]

5.05.390 Abatement by the person responsible.

Within 10 days after posting and mailing of the notice as provided in HMC 5.05.380, the person responsible shall remove the nuisance or show that no nuisance exists. [Ord. 424 § 39, 2018.]

5.05.400 Nuisance determination appeal.

(1) A person responsible, protesting that no nuisance exists, shall file a written statement that specifies the basis for the protest with the city administrator within 10 days of the date of the notice.

(2) The statement shall be referred to the council as part of its regular agenda at its next succeeding meeting that is not less than five business days from the date the written statement is filed with the city. At the time set for consideration of the abatement, the person protesting may appear and be heard by the council. The council shall determine whether a nuisance in fact exists, and the determination shall be entered in the official minutes of the council.

(3) If the council determines that a nuisance in fact exists, the person responsible shall abate the nuisance within 10 days after the council determination. [Ord. 424 § 40, 2018.]

5.05.410 Joint responsibility.

If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance. [Ord. 424 § 41, 2018.]

5.05.420 Abatement by the city.

(1) If the nuisance has not been abated by the person responsible within the time allowed, the council may cause the nuisance to be abated.

(2) Any person acting on behalf of the city engaged in removing or correcting the nuisance shall have the right to enter into or upon property at reasonable times to perform the abatement.

(3) The city administrator shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include a charge of $100.00 or 10 percent of those expenses, whichever is greater, for administrative costs. [Ord. 424 § 42, 2018.]

5.05.430 Assessment of costs.

(1) The city administrator shall forward to the owner and the person responsible, by registered or certified mail, a notice stating:

(a) The total cost of abatement, including the administrative costs.

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

(c) 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 administrator not more than 10 days from the date of the notice.

(2) No sooner than 30 days after the date of the notice, the council, in the regular course of business, shall hear and make a decision on the objections to the costs 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 decided by the council, shall be made by resolution and shall be entered in the docket of city liens. When the entry is made, it shall constitute a lien on 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 12 percent per annum. The interest shall begin to run from the date of entry of the lien in the lien docket.

(5) An error in the name of the owner or the person responsible or a failure to receive the notice of the proposed assessment will not void the assessment, and it shall remain a valid lien against the property. [Ord. 424 § 43, 2018.]

5.05.440 Abatement costs appeal.

(1) A person responsible, protesting the abatement costs, shall file a written statement that specifies the basis for the protest with the city administrator within 10 days from the date of the notice.

(2) The statement shall be referred to the council as part of its regular agenda at its next succeeding meeting that is not less than five business days from the date the written statement is filed with the city. At the time set for consideration of the abatement, the person protesting may appear and be heard by the council. The council shall determine whether the abatement costs were assessed correctly, and the determination shall be entered in the official minutes of the council.

(3) If the council determines that a nuisance in fact exists, the person responsible shall pay the abatement costs within 30 days after the council determination.

(4) If the costs are not paid within 30 days from the date of the council determination, the assessment of costs shall be made by resolution, and shall be entered in the docket of city liens, as described in HMC 5.05.430. [Ord. 424 § 44, 2018.]

5.05.450 Summary abatement of imminent nuisances.

(1) When making the determination that a nuisance exists under this chapter, if the city administrator determines that the condition which exists is an imminent danger to human life, safety or to property, the city administrator shall, without notice and hearing, summarily abate the nuisance.

(2) Following such a summary abatement, the city administrator shall cause the notice required by HMC 5.05.430 to be given to the owner and the person responsible. The owner or the person responsible may protest the city administrator’s determination that a nuisance existed and the cost of abatement. Such protest shall be in writing, filed with the city administrator within 10 days of the date of the notice, and heard by the council within the time limits provided in HMC 5.05.440. [Ord. 424 § 45, 2018.]

Article VII. General

5.05.460 Nonexclusive remedy.

The abatement procedures provided by this chapter are not exclusive, but are in addition to any penalty or procedure provided by this chapter or any other ordinance of the city or by state law. The city may seek nuisance enforcement through a violation proceeding in addition to an abatement remedy. [Ord. 424 § 46, 2018.]

5.05.470 Penalty.

A violation of a provision of this chapter, or an order issued under authority of this chapter, is punishable by a fine not to exceed $500.00. [Ord. 424 § 47, 2018.]

5.05.480 Separate violations.

(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 the nuisance. However, abatement of a nuisance within 10 days of the date of notice to abate, or, if a written protest has been filed, then abatement within 10 days of council determination that a nuisance exists will relieve the person responsible from the imposition of a fine under HMC 5.05.470. [Ord. 424 § 48, 2018.]