Chapter 8.10
SOLID WASTE AND NUISANCE ABATEMENT
Sections:
8.10.040 Administration and enforcement.
8.10.050 Violations visible from a public road.
8.10.060 Violations within the urban growth boundary (UGB).
8.10.070 Conditions which constitute a danger to public health and/or safety.
8.10.080 Other practice tending to injury.
8.10.110 Legal remedies – Hearing.
8.10.120 Legal remedies – Court complaint.
8.10.010 Title.
This chapter shall be known as the “Josephine County Solid Waste and Nuisance Abatement Ordinance” and may be so cited and pleaded and shall be referred to herein as “this chapter.” [Ord. 90-16 § 1.]
8.10.020 Purpose.
Population pressures, aesthetic concerns, and newly discovered hazards make it necessary that property owners use their land in a manner consistent with the long term health and welfare of our community. Use of land which creates health, welfare, or safety hazards, degrades the neighborhood or constitutes a violation of law which affects the welfare of our citizens is no longer acceptable.
It is the purpose of this chapter to protect the health, safety and welfare of the people in and of the County by providing a coordinated program of management and elimination of the accumulation of solid wastes and the abatement of certain nuisances and health hazards, as herein defined. [Ord. 90-16 § 2.]
8.10.030 Definitions.
For the purpose of this chapter, the singular number includes the plural, the word “shall” is mandatory and not discretionary, and the term “this chapter” shall be deemed to include all amendments hereafter made to this chapter.
“Board” means the Josephine County Board of Commissioners.
“Inoperable or Wrecked Motor Vehicle” means any vehicle including the parts thereof which is, or reasonably appears to be, discarded, dismantled, partially dismantled, stripped, rusted, junked, wrecked, nonoperating, not currently licensed for operation, or no longer safely usable for the purposes for which it was manufactured.
“Maximum Contaminant Level (MCL)” means the maximum allowable level of a contaminant in water, which will not cause a public health risk when the water is delivered to the users of a public water system, except in the case of turbidity where the maximum allowable level is measured at the point of entry to the distribution system. Contaminants occurring in the water resulting from circumstances controlled by the water user, except those resulting from corrosion of piping and plumbing caused by water quality, are excluded from this definition.
“On-Site Sewage Disposal System” means a system or any part of a system used to dispose liquid and solid sewage. Parts include septic tank, disposal trenches, effluent pipe, dosing tank and pump, diversion ditch, tile dewatering trench, sand filter, capping fill, holding tank and alarms.
“Permit” means a limited license to provide a specified service or to install, construct or use something in a specified manner.
“Person” includes individuals, corporations, associations, firms, trusts, partnerships, joint stock companies, and any other form of legal entity.
“Person Responsible” means the owner (by deed), contract buyer, tenant, or person in possession of real property on which a violation of this chapter occurs.
“Public Drinking Water System” means a system for the provision to the public of piped water for human consumption, if such system (1) has more than three service connections, or (2) supplies water to a public or commercial establishment if such establishment operates a total of at least 60 days per year, and which (3) is used by 10 or more individuals per day, or (4) is a facility licensed by the Oregon Health Division.
“Public Health Vectors” means any insect, rodent or other animal capable of transmitting, directly or indirectly, infectious diseases from one person or animal to another.
“Putrescible Waste” means solid waste containing organic material that can be rapidly decomposed by micro-organisms, which may give rise to foul smelling, offensive products during such decomposition or which is capable of attracting or providing food for birds and potential disease vectors such as rodents and flies.
“Restaurant” means a restaurant or any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare food intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, retail food stores, the location of food vending machines, and supply vehicles transporting food where food is not sold from the vehicle to persons for their direct consumption.
“Sewage” means water-carried human wastes, including kitchen, bathroom, and laundry wastes from residences, buildings, industrial establishments, or other places, together with such groundwater infiltration, surface waters, or industrial waste as may be present.
“Solid Waste” means all putrescible and nonputrescible waste, whether in solid or liquid form, except liquid-carried industrial waste or sewage hauled as an incidental part of a septic tank or cesspool cleaning service. Solid waste includes, but is not limited to, garbage, rubbish, ashes, sewage, sludge, street refuse, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, vehicle tires, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, dead animals and other discarded solid materials.
“Structure” means buildings, sheds, wells, cesspools, or septic tanks. [Ord. 90-16 § 3.]
8.10.040 Administration and enforcement.
The County Environmental Health Department, under the supervision of the Board, shall be responsible for the administration and enforcement of this chapter. [Ord. 90-16 § 4.]
8.10.050 Violations visible from a public road.
The conditions described in this section are in violation of this chapter when visible from a public road, unless it is on such private real property as a necessary part of a business enterprise, properly operated in the appropriate business zone, pursuant to zoning laws of the County. Any such condition is also declared to be a nuisance.
A. Discarded, useless, abandoned or inoperable household appliances such as washers, dryers, refrigerators, dishwashers, water heaters, stoves and similar items.
B. Abandoned, discarded, useless household furniture such as sofas, beds, chairs, mattresses, tables and similar items.
C. Abandoned, discarded, useless machinery or automotive parts, including but not limited to motors, tires, chassis and similar items.
D. Accumulation of rubble, used building material such as lumber, wire, plumbing fixtures, lighting fixtures, used stone or brick and similar items.
A sight screening fence is deemed an acceptable method for complying with this section. [Ord. 90-16 § 5.20.]
8.10.060 Violations within the urban growth boundary (UGB).
It is unlawful for any person who is the owner, or in charge, of private real property within the UGB to keep, wreck, store or allow to remain thereon any inoperable or wrecked motor vehicle, or part thereof, unless the same is completely enclosed within a building or so located as not to be visible from any public place or from private property, or unless it is on such private real property as a necessary part of a business enterprise, properly operated in the appropriate business zone, pursuant to the zoning laws of the County.
For the purpose of this section, if an inoperable or wrecked motor vehicle or part thereof is permitted to remain upon property for longer than 10 consecutive days without being removed therefrom it shall be deemed to have been kept, stored or allowed to remain thereon.
The conditions described in this section also constitute a nuisance. [Ord. 90-16 § 5.60.]
8.10.070 Conditions which constitute a danger to public health and/or safety.
Each of the following conditions is (1) deemed to be conducive to human exposure to organisms or which present a reasonable possibility that the public is being exposed to hazard, disease, physical suffering, or illness; (2) prohibited; and (3) constitutes a nuisance:
A. Operating a public drinking water system with a maximum contaminant level (MCL) violation.
B. The discharge of raw or partially treated sewage onto the ground surface or into the waters of Josephine County.
C. Inadequate installations for the disposal or treatment of garbage or other contaminated or putrefying waste.
D. Putrescible wastes not stored in fly-tight and rodent-proof containers and not removed from the premises at least every seven days.
E. Accumulation of solid waste material conducive to the propagation of mosquitoes, flies, rodents, or other public health vectors.
F. Solid waste that may, by itself, or in combination with other solid wastes, pose a significant risk of being infectious, explosive, poisonous, caustic, toxic or otherwise dangerous or injurious to human, plant, or animal life.
G. An abandoned, unattended or discarded ice box, refrigerator, or other container which has a substantially airtight door or lid, snap-lock or other locking device which has not been removed.
H. An abandoned structure which is easily accessible to the public and has no resident caretaker on the premises unless such abandoned structure is securely sealed and locked to prevent entry.
I. Operating a restaurant or temporary restaurant without a license from the County Health Department. [Ord. 90-16 § 5.80.]
8.10.080 Other practice tending to injury.
A. Installing, replacing or repairing an on-site sewage disposal system without a permit.
B. Placing into use an existing on-site sewage system without obtaining an authorization notice.
C. Installing, replacing or repairing an on-site sewage disposal system without a license from the Department of Environmental Quality.
D. Hauling uncovered solid waste materials on public streets. [Ord. 90-16 § 5.90.]
8.10.090 Enforcement process.
A. Upon receipt of a written, signed complaint from three or more nonrelated adult residents of separate households living within a one-half mile radius of the alleged violation and upon investigation indicating reasonable grounds to believe that the complaint is valid, the following procedures are to be followed:
1. Alleged violators shall be sent a certified abatement letter from an appropriate County official allowing not more than 10 days for ceasing the violation.
2. In case of hardship or extenuating circumstances the Health Department may negotiate an extension of time for compliance provided good faith efforts are being made to correct the violation.
3. If the violation does not cease by the time provided in subsection (A)(1) or (2) of this section, legal remedies described in JCC 8.10.110 may be initiated.
B. In the case of an urgent health hazard or public danger as outlined in JCC 8.10.070 or 8.10.080, the County may, without following the steps in subsection (A) of this section, commence any appropriate legal proceedings, or, if the violation also poses a major threat to public health or safety, summarily abate the nuisance. [Ord. 94-15 § 1; Ord. 90-16 § 6.]
8.10.100 Person responsible.
For purposes of notice, legal action, administrative hearing, liability for fines, and overall responsibility for a violation or alleged violation, the owner(s) (by deed), the contract buyer(s), the lessee(s), tenant, or other person(s) in possession of the real property on which the violation (or alleged violation) occurs, or any combination of two or more of these persons, shall be responsible. [Ord. 90-16 § 7.]
8.10.110 Legal remedies – Hearing.
After the letter mentioned in JCC 8.10.090 has been sent and the final deadline for compliance has passed and the violation still continues, the County may notify the person responsible that a hearing shall be held within at least 10 days from the date of mailing or serving the notice. Such person or persons shall be invited to appear at a hearing before a County Hearings Officer (which may be the Board of County Commissioners) at the time and place stated in the notice.
A. The notice shall state:
1. The location of the premises where the alleged violation occurred or is occurring;
2. The name of the person(s) to whom the notice is addressed;
3. A brief description of the nature of the alleged violation;
4. The time, date, and place where a hearing will be held to determine whether there is, or has been, a violation as alleged.
B. At such hearing the person(s) responsible shall have the right to be represented by counsel at no expense to the County.
C. At such hearing, both the County and the person responsible shall have the right to present real and documentary evidence, examine and cross-examine witnesses, and present oral argument.
D. The Hearing Officer shall preside and may limit the time for argument and shall rule on all motions and objections. The parties and Hearings Officer shall not be bound by the rules of evidence used in a court. Any evidence shall be admissible which is relevant, material, and of a type customarily relied upon by men and women in the conduct of business and other serious affairs. Evidence otherwise admissible may be excluded if its admission would unduly delay or extend the hearing or if its relevance or materiality is so attenuated that it would have no substantial bearing on the issue(s).
E. If the Hearings Officer decides that a violation did not exist as alleged, then the complaint shall be dismissed.
F. If the person responsible does not appear at the hearing, the hearing shall proceed without the person responsible unless the Hearings Officer has postponed the hearing for good cause.
G. At any time before or during the hearing, the County and the person responsible may agree to a disposition which shall then be entered of record before the Hearings Officer. Such agreement shall have the same force and effect as if it were the decision of the Hearings Officer.
H. If the Hearings Officer decides that a violation does exist, the person(s) responsible shall be allowed 10 days in which to abate the nuisance.
I. If the person(s) responsible does not abate the nuisance within 10 days of the decision, then the County may abate the nuisance and charge the costs thereof to the person responsible, which such person is then liable to promptly pay. For purposes of the abatement, county officials, agents, or independent contractors may enter upon the property where the violation is present. [Ord. 90-16 § 8.020.]
8.10.120 Legal remedies – Court complaint.
After the letter mentioned in JCC 8.10.090 has been sent and the final deadline for compliance has passed and the violation still continues, the County may file a complaint in a court of competent jurisdiction in lieu of, or in addition to, the procedure set forth in JCC 8.10.110.
A. The complaint shall state the location and the nature of the alleged violation.
B. If the court finds that a violation has occurred, or is occurring, it shall order the person(s) responsible to pay to the County within 30 days:
1. Five hundred dollars; or
2. Such lesser amount as the County may stipulate; or
3. Such lesser amount as the court may determine, based on specific, articulated, extenuating or mitigating circumstances.
C. The amount payable in subsection (B) of this section need not be paid if:
1. The County so stipulates to the court; or
2. The court finds (on motion of the person responsible) that the violation has entirely ceased within seven days of the court’s order.
D. In addition to other remedies, the court may order the losing party to pay all or part of the reasonable attorney’s fees of the prevailing party, upon such terms as may be just considering the strength of the evidence and the good faith (or lack thereof) of the losing party.
E. Any court order to pay shall be in the form of a judgment. [Ord. 90-16 § 8.030.]
8.10.130 Cumulative remedies.
The remedies enumerated herein are in addition to, and not in lieu of, any other remedies provided by any law. [Ord. 90-16 § 10.]