Chapter 8.08
NUISANCE ABATEMENT
Sections:
8.08.050 Abrogation and greater restrictions.
8.08.010 Title.
This chapter shall be known as the “Jefferson County nuisance abatement chapter.” (Ord. O-85-89 § 1.0, 1989)
8.08.020 Purpose.
A. To protect the public health, safety and general welfare of the people of Jefferson County, Oregon, by prohibiting accumulation of wastes or solid wastes on public and private property in such manner as to create a public nuisance, a hazard to health, or a condition of unsightliness;
B. Provide for abatement procedures of the aforementioned conditions where found. (Ord. O-85-89 § 2.0, 1989)
8.08.030 Definitions.
For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, the word “shall” is mandatory and not directory, and the term “this chapter” shall be deemed to include all amendments hereafter made to this chapter.
“Building official” means the Jefferson County building inspector.
“Citation” refers to citation powers as authorized under ORS Chapter 153 and as set forward by county ordinance.
“County commission” means the Jefferson County commission.
“Discarded vehicle” means any vehicle which does not have a lawfully affixed unexpired license plate and is inoperative, wrecked, dismantled or partially dismantled, abandoned, or junked. A “discarded vehicle” is a form of solid waste. This definition does not apply to licensed auto wrecking yards.
“Dispose” or “disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste or solid waste into, or on, any land, air or water.
“Disposal site” means any land and facilities used for the disposal, handling, transfer, or resource recovery of solid waste including, but not limited to, dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer station, resource recovery facilities, incinerators, for solid waste delivered by the public or by a solid waste collection service, and composting plants, but does not include a landfill site which is not used by the public either directly or through a service, and which is used by the owner or tenant thereof to dispose of solid waste products resulting from manufacturing, storage, general accumulation.
“District Court” means the District Court of the state of Oregon for the county of Jefferson.
“Hazardous solid waste” means solid waste that may, by itself or in combination with other solid wastes, be infectious, explosive, poisonous, caustic or toxic or otherwise dangerous or injurious to human, plant, or animal life.
“Health administrator” means the Jefferson County public health department director or member of the Jefferson County health department having authority delegated by the director to act on the director’s behalf for purposes of this chapter.
“Landfill” means disposal site approved by the Department of Environmental Quality and operated by means of compacting and covering solid waste at specific designated intervals but not necessarily each operating day.
“Local public health authority” means the Jefferson County commission as established in ORS 431.375.
Notice. As contained in Appendix 1 of the ordinance codified in this chapter.
“Peace officer” means a member of the Oregon State Police, a sheriff, a deputy sheriff, or a police officer of the cities of Madras, Metolius, or Culver.
“Person” means any individual, corporation, industry, co-partnership, association, firm, trust, estate or any other private or public legal entity whatsoever.
“Planning director” means the Jefferson County planning director.
“Public nuisance” means deposits, accumulations, stores, collections, or maintained or displayed waste or solid wastes on private property in violation of this chapter.
“Putrescible material” means organic materials that can decompose and give rise to foul-smelling, offensive products.
“Regulations” means regulations promulgated by the Jefferson County commission.
“Rules” means rules promulgated by state agencies pursuant to ORB Chapter 459.
“Solid waste” means all putrescible and nonputrescible waste, including but not limited to garbage, rubbish, refuse, ashes, waste paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge, commercial, industrial, demolition and construction wastes; discarded or abandoned vehicles or parts thereof; discarded home industrial appliances; manure, vegetable or animal solid and semisolid wastes, dead animals; hazardous waste and other waste; but the term does not include materials used for fertilizer or other productive purposes, or which are salvageable as materials for use on land or agricultural operations and the growing or harvesting of crops and the raising of fowls or animals.
“Vehicles” means every device in, upon, or by, which any person or property is, or may be, transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
“Waste” means material no longer directly usable by the source and which is to be disposed of or is resource recovered by another person. The fact that source materials have value and may be resource recovered or reconditioned or resold does not exempt such materials from the definition of “waste.” (Amended during 2001 codification; Ord. O-85-89 § 3.0, 1989)
8.08.040 Policy.
A. Except as provided in subsection B of this section, no person shall store, collect, maintain or display on private property solid waste or waste that is offensive or hazardous to the health and safety of the public, or which creates offensive odors or a condition of unsightliness. Storage, collection, maintenance, or display of solid wastes or wastes in violation of this subsection shall be considered a public nuisance which may be abated as provided by county regulation.
B. This chapter does not apply to:
1. Areas within the city limits of incorporated cities;
2. Disposal sites franchised or permitted by Jefferson County;
3. Federal or state agencies that collect, store, transport or dispose of waste or solid waste, or those that contract with such agencies to perform the service, but only as to the terms for collection services or as to rates to be charged for such services and as authorized by federal or state statute. (Amended during 2001 codification; Ord. O-85-89 § 4.0, 1989)
8.08.050 Abrogation and greater restrictions.
A. Except as specifically provided herein, this chapter is not intended to repeal, abrogate or impair any existing requirements or restrictions which are presently regulating the subject matter of this chapter.
B. In the case of a conflict between this chapter and any other ordinance of this county, this chapter shall be controlling so far as the conflict involves the abatement of nuisances. (Ord. O-85-89 § 5.0, 1989)
8.08.060 Administration.
The health director, working cooperatively with the planning director, roadmaster, peace officer, and building official, under the supervision of the commission, shall be responsible for the administration of this chapter. (Amended during 2001 codification; Ord. O-85-89 § 7.0, 1989)
8.08.070 Jurisdiction.
Jurisdiction for all prosecutions of violations of this chapter and all civil abatement shall be with the Jefferson County compliance hearings officer or with the Jefferson County Circuit Court. (Ord. O-142-09 § 1, 2009: Ord. O-85-89 § 8.0, 1989)
8.08.080 Enforcement.
A. Notice. The peace officer, as defined in this chapter, the planning director, health director, building official, roadmaster, or member of their staffs shall investigate any complaints concerning violations of this chapter and determine whether there is probable cause to believe that a violation has taken place. A written notice shall be given to the alleged violator which may include the owner, tenant, occupant or person in possession of the premises where the alleged violation is claimed to exist. Such notice shall recite that the alleged violator has fifteen (15) days to cure the alleged violation, the nature of the violation, and a reference to this chapter. (See Appendix 1 to the ordinance codified in this chapter.)
B. Authority to Document Violations. A peace officer, the health director, planning director, building official, roadmaster, or members of their staffs may take photographs to document alleged violations.
C. Authority to Issue Citation. If, after fifteen (15) days, a violation of this chapter is not rectified by the alleged violator, a citation under this chapter may be issued and a report shall be given forthwith to the Jefferson County District attorney or county counsel. Issuance of a citation does not preclude an action in Circuit Court for injunctive mandamus, abatement or other appropriate legal action against the alleged violator to require correction or removal of the waste or solid wastes which are violations of this chapter.
D. Injunction; Abatement. The Circuit Court may enjoin the defendant to comply with this chapter or may empower the County to abate the nuisance by removing from the subject premises all solid waste or the waste found to be the cause of the nuisance, or, in the case of unsightly solid waste, by permitting the county to additionally or in the alternative abate the nuisance by fencing or other screening.
E. Summary Abatement. Following the Circuit Court hearing, if the local public health authority determines that the case is an urgent one and the health and safety of the public is in imminent danger, the public health authority may order summary abatement of the nuisance. Such order shall empower the county to immediately abate the nuisance on its own action.
F. Abatement Costs. All abatement costs incurred by the county pursuant to subsections D or E of this section shall be paid by the person found to be responsible for the creation or maintenance of the nuisance and shall be a lien upon the subject premises which may be foreclosed pursuant to state law.
G. Immunity From Trespass. The county or its agent shall not be liable for any trespass to, or conversion of, any real or personal property reasonable occurring in removing or otherwise abating the solid waste, pursuant to subsections D or E of this section.
H. Penalties. The provisions of this section are in addition to and not in lieu of any other remedy available at law. (Amended during 2001 codification; Ord. O-142-2000 § 2(F), 2000; Ord. O-85-89 § 9.0, 1989)