Chapter 8.12 NUISANCES

“Graffiti” means any unauthorized markings of paint, ink, chalk, dye, or other similar substance which is visible from premises open to the public, and that have been placed upon any real or personal property such as buildings, fences, structures, or the unauthorized etching or scratching of such described surfaces where the markings are visible from premises open to the public, such as public rights-of-way or other publicly owned property.

“Noxious vegetation” means:

1. Poison oak;

2. Poison ivy;

3. Tansy ragwort;

4. St. John’s wort (goat weed);

5. Canadian thistle;

6. Scotch broom (uncontrolled);

7. Gorse;

8. Blackberry bushes or vines which cover more than 51 percent of the total square footage of an individual lot or extend over a property line;

9. Vegetation of any kind which obstructs or impairs the free and full use of any sidewalk, street or other public right-of-way of travel;

10. Vegetation of any kind which creates:

a. A health hazard,

b. A fire hazard,

c. A traffic hazard.

“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 the supervision of any construction project.

“Person responsible” means the person responsible for abating a nuisance and shall include:

1. The owner;

2. The person in charge of property as defined in this section;

3. The person who caused to come into or continue in existence a nuisance as defined in this chapter or another ordinance of the city.

“Public place” means a building, way, place or accommodation, whether publicly or privately owned, open and available to the general public. (Ord. 2017-23 § 1; Ord. 87-13 § 1; Ord. 82-15 § 1)

8.12.020 Nuisances affecting public health.

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

A. Privies or open vaults within the city, except those constructed or maintained in connection with construction projects in accordance with the Health Division regulations;

B. Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time and affect the health of the city;

C. Stagnant water which affords a breeding place for mosquitoes and other insect pests;

D. Pollution of a body of water, well, spring, stream or other drainage ditch by sewage, industrial wastes or other substances;

E. Decayed or unwholesome food which is offered for human consumption;

F. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition;

G. Drainage of liquid wastes from private premises;

H. Cesspools or septic tanks which are in an unsanitary condition or which cause an offensive odor. (Ord. 82-15 § 6)

8.12.030 Creating hazards.

No person shall create a hazard by:

A. 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 which locks or fastens automatically when closed and which cannot be easily opened from the inside;

B. Being the owner or otherwise having possession of property upon 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, fail or refuse to cover or fence it with a suitable protective construction. (Ord. 82-15 § 7)

8.12.040 Attractive nuisances.

A. No owner or person in charge of property shall permit thereon:

1. Unguarded machinery, equipment or other devices which 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. An open pit, quarry, cistern or other such excavation without safeguards or barriers to prevent such places from being used by children;

4. Storage of discarded vehicles.

B. This section does not apply to authorized construction projects or licensed auto wrecking yards with reasonable safeguards to prevent injuries or death to playing children. (Ord. 82-15 § 8)

8.12.050 Snow and ice.

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

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

B. 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 safe travel. (Ord. 82-15 § 9)

8.12.060 Noxious vegetation.

A. No owner or person in charge of property shall allow noxious vegetation to grow on his property. It shall be the duty of an owner or person in charge of property to cut down or destroy noxious vegetation.

B. If destruction is done by the application of herbicides, it shall be the duty of the owner or person in charge of property to apply the same in conformance with the manufacturer’s directions and all applicable federal and state laws and regulations. (Ord. 87-13 § 2; Ord. 82-15 § 10)

8.12.070 Scattering rubbish.

A. No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse or any 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 upon a public way.

B. No person shall deposit in public or privately owned garbage cans, containers or dumpsters, other than their own or those specifically provided for their use, any kind of rubbish, trash, debris or refuse accumulated at their place of business or abode. (Ord. 82-15 § 11)

8.12.080 Trees.

A. No owner or person in charge of property that abuts upon a street or public sidewalk shall permit trees or bushes on his property to interfere with street or sidewalk traffic. It is the duty of an owner or person in charge of property that abuts upon a street or public sidewalk to keep all trees and bushes on his premises, including the adjoining parking strip, trimmed to a height of not less than eight feet above the sidewalk and not less than 13 feet seven inches above the roadway.

B. No owner or person in charge of property shall allow to stand a dead or decaying tree that is a hazard to the public or to persons or property on or near the property. (Ord. 82-15 § 12)

8.12.090 Fences.

A. No owner or person in charge of property shall construct or maintain a barbed-wire fence thereon, or permit barbed wire to remain as part of a fence along a sidewalk or public way; except such wire may be placed above the top of other fencing not less than six feet, six inches high.

B. 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. 82-15 § 13)

8.12.095 Graffiti.

No owner or person in charge of property shall permit, allow, maintain or suffer graffiti to remain on such private property within view of premises open to the public. Property upon which graffiti has been placed and remains after 10 days from written notice to the owner of record shall constitute a nuisance. If the graffiti is unauthorized etching or scratching of glass or clear acrylic material, property upon which graffiti has been placed and remains after 30 days from written notice to the owner of record shall constitute a nuisance. (Ord. 2017-23 § 2)

8.12.100 Surface waters – Drainage.

A. No owner or person in charge of a building or structure shall suffer or permit rainwater, ice or snow to fall from the building or structure onto a street or public sidewalk or to flow across the sidewalk.

B. The owner or person in charge of property shall install and maintain in proper state of repair adequate drainpipes or a drainage system, so that any overflow water accumulating on the roof or about the building is not carried across or upon the sidewalk. (Ord. 82-15 § 14)

8.12.110 Radio and television interference.

A. 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.

B. This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission. (Ord. 82-15 § 15)

8.12.120 Junk.

A. No person shall keep any junk outdoors on any street, lot or premises, or in a building that is not wholly or entirely enclosed.

B. The term “junk” as used in this section includes motor vehicles, motor vehicle parts, abandoned automobiles, discarded automobiles, machinery, machinery parts, appliances or parts thereof, iron or metal, glass, paper, lumber, wood or other waste or discarded materials.

C. This section does not apply to junk kept in a duly licensed junk yard or automobile wrecking yard. (Ord. 82-15 § 16)

8.12.130 Nuisance declarations.

A. The acts, conditions or objects specifically enumerated and defined in LCMC 8.12.020 through 8.12.110 are declared public nuisances; and such acts, conditions or objects may be abated by any of the procedures set forth in LCMC 8.12.140 through 8.12.180.

B. In addition to the nuisances specifically enumerated within this chapter, any act described as a nuisance in any ordinance of the city or in any other chapter of this code, and every other thing, substance or act which is determined by the city 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. 90-9 § 1; Ord. 82-15 § 17(1), (2))

8.12.140 Notice.

A. Upon determination by the city manager or his designate that a nuisance exists, the city shall cause a notice to be posted on the premises or at the site of the nuisance, directing the person responsible to abate the nuisance.

B. At the time of posting, the city manager shall cause a copy of the notice to be forwarded by registered or certified mail, postage prepaid, to the person responsible at his last known address.

C. The notice to abate shall contain:

1. A description of the nuisance;

2. A brief description of the real property on which the nuisance exists;

3. A direction to abate the nuisance within 10 days from the date of the notice;

4. A statement that, unless the nuisance is removed, the city may abate the nuisance;

5. A statement that, if the city abates the nuisance, the costs shall become a lien subject to foreclosure by the city as a lien for street improvements;

6. A statement that the person responsible may protest the order to abate by giving notice to the city manager within 10 days from the date of the notice.

D. Upon completion of the posting and mailing, the person posting and mailing shall execute and file certificates stating the date and place of the mailing and posting.

E. 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. 82-15 § 18)

8.12.150 Abatement by person responsible.

A. Within 10 days after the posting and mailing of such notice as provided in LCMC 8.12.140, the person responsible shall remove the nuisance or show that no nuisance exists.

B. A person responsible, protesting that no nuisance exists, shall file with the city manager a written statement which shall specify the basis for so protesting.

C. The statement shall be forwarded to the city council as a part of its regular agenda at its next succeeding meeting. 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 or not a nuisance exists. The determination shall be entered in the official minutes of the council. Council determination shall be required only in those cases where a protest has been filed as provided.

D. If the council determines that a nuisance does exist, the person responsible shall, within 10 days after the council determination, abate the nuisance.

E. 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. 82-15 §§ 19, 20)

8.12.155 Inspection and abatement warrants.

Whenever the manager has reasonable cause to believe that there exists upon any building, structure or premises any violation of the Lincoln City Municipal Code, state laws or regulations or any codes adopted by reference, including but not limited to nuisance conditions under this chapter, the manager or designee may, with consent of the owner or occupant, enter the property to inspect for violations or perform the required abatement. If consent is not given for inspection or abatement, the manager, in conjunction with the city attorney, shall pursue inspection or abatement through any legal means, including but not limited to seeking an administrative inspection warrant or administrative abatement warrant from the circuit court or municipal court. (Ord. 2017-23 § 4)

8.12.160 Abatement by city.

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

B. The officer charged with abatement of the nuisance shall have the right, at reasonable times, to enter into or upon the property to investigate or cause the removal of a nuisance. Sale of discarded vehicles shall be as provided in Chapter 10.12 LCMC.

C. The city manager shall keep an accurate record of the expenses incurred by the city in physically abating the nuisance and shall include therein a charge of $10.00 or 10 percent of those expenses, whichever is the greater, for administrative overhead. (Ord. 82-15 § 21)

8.12.170 Assessment of costs.

A. The city manager by registered or certified mail, postage prepaid, shall forward to the person responsible a notice stating:

1. The total cost of abatement, including the administrative overhead;

2. 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;

3. That if the person responsible objects to the cost of the abatement as indicated, he may file a notice of objection with the city manager not more than 10 days from the date of the notice.

B. 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 assessed, if any.

C. 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 and shall thereupon be 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.

D. The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of nine percent per annum. The interest shall commence to run from the date of the entry of the lien in the lien docket.

E. An error in the name of the person responsible 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. (Ord. 82-15 § 22)

8.12.180 Summary abatement.

The procedure provided by this chapter is not exclusive but is in addition to procedure provided by other ordinances. The city manager or his designate may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property. (Ord. 82-15 § 23)

8.12.190 Violation – Penalty.

A. Any person who violates any of the provisions of LCMC 8.12.020, 8.12.030, 8.12.040 and 8.12.120 commits a Class B violation.

B. Any person who violates any of the provisions of LCMC 8.12.090, 8.12.110 and 8.12.130 commits a Class B violation.

C. Any person who violates any of the provisions of LCMC 8.12.060, 8.12.070, 8.12.080 and 8.12.100 commits a Class C violation.

D. Any person who violates any of the provisions of LCMC 8.12.050 commits a Class D violation.

E. The city may, as an alternative to other remedies, institute injunctive or other appropriate proceedings to prevent, enjoin temporarily or permanently, or remove a nuisance that is in violation of this chapter. (Ord. 2015-10 §§ 5, 6; Ord. 89-16 § 1; Ord. 84-14; Ord. 82-15 § 24(1 – 4), (6))

8.12.200 Continuing violations – Additional remedies.

A. Each day’s violation of a provision of this chapter constitutes a separate offense.

B. The abatement of a nuisance is not a penalty for violation of 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 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 any forfeiture or fine under LCMC 8.12.190. (Ord. 82-15 § 25)