Chapter 8.05 PUBLIC NUISANCES AND PROTECTION OF HEALTH

As used in MCC 8.05.010 to 8.15.120, the singular includes the plural and the masculine includes the feminine. Except where the context indicates otherwise, the following shall mean:

“City” means the City of Monmouth.

“Council” means the governing body of the City.

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

“Person in charge of property” means any agent, occupant, lessee, tenant, contract purchaser, apartment manager or other person not an owner having the possession or control of property or supervision of a construction site.

Person Responsible. The person responsible for a nuisance is:

(a) The owner of the property on which the nuisance exists; and

(b) The person in charge of the property on which the nuisance exists; and

“Public place” means any building, place or accommodation, whether publicly or privately owned, open and available to the public. (Ord. 616, § 1; amended by Ord. 1055, §§ 1 and 2, April 7, 1992. Code 1983 § 44.110.)

8.05.020 Communicable diseases.

No person shall permit any animal or bird owned or controlled by him to be at large within the City if such animal or bird is afflicted with a communicable disease. (Ord. 616, § 2. Code 1983 § 44.210.)

8.05.030 Smoking regulations.

(1) As used in this section and MCC 8.05.031:

(a) “Inhalant delivery system” means a device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device.

(2) “Smoking” means and includes (a) the inhaling, exhaling, burning, or carrying any lighted cigarette, cigar or tobacco in any form and (b) the use of an inhalant delivery system to inhale or exhale vapor or aerosol or tobacco.

(3) Smoking is prohibited and no person shall smoke:

(a) In any City building, including public restrooms located on City property.

(b) On or within 10 feet of the external boundaries of the following outdoor areas:

(i) All City and school district sport playing fields, including, but not limited to, baseball fields, soccer fields, and football fields, during a group activity, including, but not limited to, spectator areas and bleachers.

(ii) Public tennis courts, public basketball courts, and the City skateboard park, including, but not limited to, spectator areas and bleachers.

(iii) The entrance(s) to and exit(s) from all City buildings, and windows that open and ventilation intakes that serve an enclosed area with any City building.

(iv) All playground equipment in any City park.

(v) All roofed enclosures in City parks, including, but not limited to, restrooms and covered picnic areas.

(vi) Any stage, including a temporary stage and the seating area designated for an event on stage, in any City park, during and within one hour before and one-half hour after a concert or entertainment event.

(vii) Any bus shelter structure.

(4) In addition to the prohibitions set forth in subsection (3) of this section, the City Council or City Manager may prohibit smoking in a City park, or impose conditions and limitations on smoking in a City park during public events sanctioned or sponsored by the City or its designee.

(5) The restrictions of this section shall not apply to persons traveling in a motor vehicle nor to persons walking on sidewalks, parking lots, or other pedestrian pathways so long as they continue to move.

(6) “No smoking” signs, which identify the area where smoking is prohibited, shall be posted at the entrance(s) to all City buildings and City parks, and at reasonable places and intervals at all other locations where smoking is prohibited; provided, however, that the absence of a “no smoking” sign shall not justify a violation of nor preclude enforcement of this section. (Ord. 1268, § 3, January 6, 2009; amended by Ord. 1300, § 1, February 7, 2012; Ord. 1361, § 1, August 18, 2015. Code 1983 § 44.215.)

8.05.031 Western Oregon University tobacco-free area.

Smoking, as defined in MCC 8.05.030, and the chewing of snuff, snuff flour, Cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos is prohibited in the following designated public rights-of-way within or adjacent to Western Oregon University:

(1) The east half of the North Monmouth Avenue right-of-way, excluding sidewalks, beginning at a line coincident with the north line of Tax Lot 1200, Map 8.5 24DD, Polk County, Oregon, and continuing south to a line coincident with the south line of Tax Lot 600, Map 8.5 24DD, Polk County, Oregon.

(2) The full width of the North Monmouth Avenue right-of-way, beginning at a line coincident with the south line of Tax Lot 600, Map 8.5 24DD, Polk County, Oregon, and continuing south to a line coincident with the center line of Jackson Street S.

(3) The north half of the Jackson Street right-of-way, excluding sidewalks, beginning at a line coincident with the center line of Warren Street North and continuing west to a line coincident with the center line of Stadium Drive North.

(4) The east half of the Stadium Drive North right-of-way, excluding sidewalks, beginning at a line coincident with the center line of Jackson Street East and continuing north to a line coincident with the center line of West Church Street.

(5) The full width of the West Church Street right-of-way, beginning at a line coincident with the west line of Monmouth Avenue North and continuing west to a line coincident with the center line of Stadium Drive North.

(6) The north half of the West Church Street right-of-way, excluding sidewalks, beginning at a line coincident with the center line of Stadium Drive North, and continuing west to a line coincident with the west line of Tax Lot 100, Map 8.5 25AB, Polk County, Oregon.

(7) The west half of the Warren Street North right-of-way, excluding sidewalks, beginning at a line coincident with the center line of Jackson Street East and continuing north to a line coincident with the north line of the Powell Street East right-of-way.

(8) The north half of the Powell Street East right-of-way, excluding sidewalks, beginning at a line coincident with the center line of Warren Street North and continuing east to a line coincident with the center line of Knox Street North.

(9) The west half of the Knox Street North right-of-way, excluding sidewalks, beginning at a line coincident with the center line of Powell Street East and continuing north to a line coincident with the south line of Tax Lot 11101, Map 8.4 30BB, Polk County, Oregon.

(10) The full width of the Gentle Avenue West right-of-way, beginning at a line coincident with the center line of Monmouth Avenue North and continuing east to a line coincident with the east line of Tax Lot 1202, Map 8.5 24DD, Polk County, Oregon. (Ord. 1360, § 1, August 18, 2015.)

8.05.040 Removal of animal carcasses.

No person shall permit any animal carcass owned by him or under his control to remain upon the public streets or places or exposed on private property, for a period of time longer than is reasonably necessary to dispose of such carcass. (Code 1983 § 44.220.)

8.05.050 Nuisances affecting the public health.

The following are hereby declared to be nuisances affecting the public health and may be abated in the manner prescribed by MCC 8.05.170 to 8.05.220:

(1) Privies. Any open vault or privy, except those privies used in connection with construction projects and constructed in accordance with the Oregon State Board of Health regulations.

(2) Debris on Private Property. All accumulations of debris, rubbish, manure and other refuse located on privately owned real property which have not been removed within a reasonable time and which affect the health, safety or welfare of the City.

(3) Stagnant Water. Any pool of water which is without a proper inlet or outlet and which, if not controlled, will be a breeding place for mosquitoes and other similar insects.

(4) Water Pollution. The pollution of any body of water, stream or river 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.

(5) Food. All decayed or unwholesome food offered for human consumption.

(6) Odor. Any premises which are in such state or condition as to cause noisome or offensive odor or which are in an unsanitary condition. (Ord. 616, § 5. Code 1983 § 44.240.)

8.05.060 Abandoned ice boxes.

No person shall leave in any place accessible to children any abandoned, unattended or discarded ice box, refrigerator or similar container which has an air-tight 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. (Ord. 616, § 6. Code 1983 § 44.310.)

8.05.070 Attractive nuisances.

(1) No owner or person in charge of any premises shall permit:

(a) Any machinery, equipment or other devices on such premises which are attractive and dangerous to children and which are accessible to children.

(b) The piling of any lumber, logs or piling in such manner as to be attractive and dangerous to children and which is accessible to children.

(c) Any excavation to remain open for an unreasonable length of time without erecting proper safeguards or barriers to prevent such excavation from being used by children.

(2) The provisions of this section shall not apply to authorized construction projects; provided, that during the course of construction reasonable safeguards are maintained to prevent injury or death to playing children. (Ord. 616, § 7; amended by Ord. 1055, § 4, April 7, 1992. Code 1983 § 44.360.)

8.05.080 Duty to clean sidewalks.

No owner or person in charge of any premises, improved or unimproved, abutting upon any public sidewalk shall permit:

(1) Leaves, rubbish, dirt and other litter or obstructions on such sidewalk. The provisions of this subsection shall not apply to authorized construction projects; provided, that during the course of construction reasonable safeguards are maintained to prevent injury or death to persons.

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

(3) Such sidewalk to be covered with ice. It shall be the duty of any such person, within the first two hours of daylight after the ice has formed, to remove any ice accumulating on such sidewalk or to properly cover it with sand, ashes, or other suitable material to assure safe travel. (Ord. 616, § 8. Code 1983 § 44.410.)

8.05.090 Accumulation of dirt and debris.

It shall be unlawful for any person to cause dirt, rock, debris, building materials, landscaping materials, unlicensed motor vehicles, dumpsters, or any other objects not governed by the parking regulations chapter of the Monmouth City Code (Chapter 10.10 MCC), to be placed upon a public street, alley, public park or right-of-way.

(1) Accumulations of such objects in such places which remain after 5:00 p.m. on the day of accumulation or any accumulation which creates a hazard by obstructing vehicular or pedestrian traffic may be immediately removed by the City and the cost of removal shall be charged to the person causing the accumulation at a rate set by resolution of the City Council.

(2) The City shall refuse to issue an occupancy permit for a building to any person who has failed to pay charges incurred under subsection (1) of this section incidental to the construction of the building for which the occupancy permit is sought. (Ord. 825, §§ 1 – 5; amended by Ord. 1055, § 5, April 7, 1992; amended by Ord. 1110, July 1, 1997. Code 1983 § 44.415.)

8.05.100 Weeds, grass and other vegetation.

(1) No owner or person, in charge of any real property, shall permit upon such property, improved or unimproved, or upon any parkway or sidewalk area abutting such property, any excessive growth of weeds, grass or other vegetation. Such excessive growth shall be deemed noxious vegetation, and it shall be the duty of every owner or person in charge of such property to cut down or otherwise destroy any noxious growth on such property or parkway or sidewalk area abutting thereon as often as necessary, to prevent such growth from being unsightly or a fire hazard, or maturing and going to seed.

(2) This section shall not apply to real property zoned and used exclusively for agricultural purposes.

(3) The term “noxious vegetation” applies to and describes the conditions listed below:

(a) Grass and weeds more than 12 inches high;

(b) Poison oak;

(d) Blackberry bushes that extend into a public thoroughfare or across a property line;

(e) Vegetation that is:

(i) A health hazard;

(ii) A fire hazard that is near other combustibles;

(iii) A traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous.

(f) Noxious vegetation shall include trees and shrubs as well as other types of vegetation.

(4) Nothing in this section shall be construed to prohibit lawns, bushes, trees and other shrubbery grown or maintained for purposes of landscaping, nor shall it prohibit the growth or maintenance of any vegetation designed for food or fuel purposes, except that the owner or person in charge of any real property shall not permit the limbs of any shrub or tree projecting into or extending over the street to interfere with the use of the sidewalk or roadway, or to obstruct a driver’s view of an intersection or traffic upon streets approaching an intersection or otherwise to constitute a hazard to the public. Trees shall be trimmed so that the minimum clearance of any overhanging portion thereof is eight feet above the sidewalk and 10 feet above the roadway. Hedges and other shrubbery shall be trimmed so that they do not overhang the sidewalk or roadway. Trees, hedges and other shrubbery on corner lots shall be trimmed and maintained so as to permit the minimum clearance prescribed by the Zoning Ordinance.

(5) Upon determination by the City Manager that a violation of the provisions of this section exists, the City Manager shall cause a notice to abate to be mailed to the person(s) responsible at their last known address. The notice to abate shall contain:

(a) The name of the person(s) responsible for abating the nuisance and a description of the nuisance.

(b) A description of the property, by street address or otherwise, where the nuisance exists.

(d) A statement that unless the nuisance is abated or an appeal is filed within the 10-day period the City will abate the nuisance and the cost of abatement will be charged to the person responsible and will become a lien against the property.

(e) A statement that the person responsible may appeal the notice to abate to the City Manager by filing a notice of appeal which sets forth the basis for the appeal with the City Recorder within 10 days of the date the notice to abate was mailed.

(6) If an appeal is filed the City Manager shall schedule a hearing as soon as possible and notify the person responsible of the hearing date. If, after the hearing, the City Manager determines that a violation of this section exists, the person(s) responsible shall have five days from the date of the City Manager’s decision to abate the nuisance.

(7) The abatement procedures set forth in this section are not penalties but are nonexclusive remedial measures only and do not preclude the initiation of a proceeding against the responsible person(s) for violating the provisions of this section. MCC 8.05.180 and 8.05.190 shall not apply to a violation of this section.

(8) Undeveloped property which adjoins developed property shall be maintained to the standards set forth in this chapter for a minimum of 50 feet back from the property line, in order to create a buffer zone. (Ord. 616, § 11; amended by Ord. 1055, April 7, 1992. Code 1983 § 44.420.)

8.05.110 Fences.

(1) No owner or person in charge of property shall construct or maintain any barbed-wire fence or allow barbed wire to remain a part of any fence which borders on any sidewalk or public pathway.

(2) No person shall install, maintain or operate an electric fence in any residential or commercial area within the City or adjacent to any sidewalk or public pathways. (Ord. 616, § 11. Code 1983 § 44.450.)

8.05.120 Surface waters, drainage.

No owner or person in charge of any building or structure shall permit rain water, ice, or snow to fall from any such building or structure onto a sidewalk or to flow across a sidewalk, and every such owner or person in charge of property shall at all times keep and maintain in a proper state of repair adequate drain pipes or a drainage system so that any overflow water accumulating on the roof or about such building will not be carried across or upon any sidewalk. (Ord. 616, § 12. Code 1983 § 44.470.)

8.05.130 Radio and television interference.

No person shall operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes interference with radio or television reception, if the radio or television interfered with is of good engineering design and the interfering electrical or other device is capable of interference elimination by reasonable repairs, adjustments or alterations. This section shall not apply to electrical and radio devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission. (Ord. 616, § 13. Code 1983 § 44.510.)

8.05.140 Unnecessary noise.

(1) No person shall make or continue to make:

(a) Any unreasonably loud or raucous noise;

(b) Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity; or

(c) Any noise that is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the vicinity of the location from which that noise emanates, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.

(2) Factors for determining whether a sound is unreasonably loud or raucous include, but are not limited to:

(a) The proximity of the sound to sleeping facilities, whether residential or commercial;

(b) The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;

(d) The duration of the sound;

(e) Whether the sound is recurrent, intermittent, or constant; and

(f) Whether the sound violates the maximum allowable noise limits set forth in MCC 8.05.155. Any noise that exceeds the maximum allowable noise limits shall conclusively be deemed unreasonably loud and raucous. (Ord. 616, § 14; amended by Ord. 1409, § 1, June 6, 2023. Code 1983 § 44.550.)

8.05.150 Acts of violation.

The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section but the enumeration shall not be construed to be exclusive:

(1) The keeping of any bird or animal which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity.

(2) The attaching of any bell to any animal or allowing a bell to remain on any animal which is disturbing to any person in the immediate vicinity.

(3) The use of any vehicle or engine, either stationary or moving, so out of repair, loaded or operated as to create any loud or unnecessary grating, grinding, rattling or other noise.

(4) The sounding of any horn or signaling device on any vehicle on any street or public or private place, except as a necessary warning of danger.

(5) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of danger, or upon request of proper City authorities.

(6) The use of any mechanical device operated by compressed air, steam or otherwise, unless the noise thereby created is effectively muffled.

(7) The erection, including excavation, demolition, alteration or repair of any building in residential districts, other than between the hours of 7:00 a.m. and 10:00 p.m. daily, except Sundays and holidays when the hours shall be 10:00 a.m. to 8:00 p.m., except in case of urgent necessity in the interest of the public welfare and safety, and then only with a permit granted by the City Recorder for a period not to exceed 10 days. Such permit may be renewed for periods of five days while such emergency continues to exist. If not be impaired by the erection, demolition, alteration or repair of any building between the hours of 10:00 p.m. and 7:00 a.m. and if he shall further determine that loss or inconvenience would result to any person unless such work were permitted within those hours he may grant permission for such work to be done between the hours of 10:00 p.m. to 7:00 a.m. upon application therefor being made at the time the permit for the work is awarded or during the progress of the work.

(8) The use of any gong or siren other than by public officers for authorized purposes or on a police, fire or other emergency vehicle.

(9) The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court of justice while the same are in use, or adjacent to any hospital or institution for the care of the sick or infirm, which unreasonably interferes with the operation of such institution, or which disturbs or unduly annoys patients.

(10) The discharge in the open air of the exhaust of any steam engine, internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises and the emission of annoying smoke.

(11) The use or operation of a loudspeaker, amplifier, public address system or other device for producing sound in violation of the levels established by the maximum allowable noise limits set forth in MCC 8.05.155.

(12) The making of any noise by crying, calling or shouting, or by means of any whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument or other device for the purpose of advertising goods, wares or merchandise or of attracting attention or of inviting patronage of any person to any business whatsoever; provided, that newsboys may sell newspapers and magazines by public outcry.

(13) The conducting, operating or maintaining of any garage or the repairing of motor vehicles at any residence within 100 feet of any other private residence, apartment, rooming house or hotel in such manner as to cause loud or offensive noises to be emitted therefrom between the hours of 10:00 p.m. and 7:00 a.m. (Ord. 616, § 14; amended by Ord. 1409, § 2, June 6, 2023. Code 1983 § 44.555.)

8.05.155 Maximum allowable noise limits.

(1) As used in this section:

(a) “dBA” means the sound pressure level in decibels measured using the A weighting network on a sound level meter.

(b) “Noise sensitive” use includes any building or portion of a building containing a residence, place of overnight accommodation, place of worship, day care center, hospital, school, or nursing care facility.

(2) All terminology used in this section that is not defined in this section shall be interpreted and applied in accordance with the American National Standards Institute (ANSI).

(3) Measurement of Sound Level. While sound measurements are not required for the enforcement of this section, should measurements be made, measurements shall be made with a calibrated sound level meter in good operating condition, of a standard design and quality that meets the basic specifications established by the American National Standards Institute (ANSI).

(4) Noise limits established herein, as measured at or within the property boundary of the receiving land use, are as set forth below.

Maximum Allowable Noise Limits (in dBA)
Type of Source by Use	Type of Noise Received by Use
	Noise Sensitive		Commercial		Industrial
	7:00 a.m. to 10:00 p.m.	10:00 p.m. to 7:00 a.m.	7:00 a.m. to 10:00 p.m.	10:00 p.m. to 7:00 a.m.	7:00 a.m. to 10:00 p.m.	10:00 p.m. to 7:00 a.m.
Noise sensitive	65	60	70	65	75	70
Commercial	65	60	70	65	75	70
Industrial	65	60	70	65	75	70

(Ord. 1409, § 3, June 6, 2023.)

8.05.160 Notices and advertisements.

(1) No person shall affix or post or cause to be affixed or posted any placard, bill, advertisement or poster upon any real or personal property, public or private, without first securing permission from the owner or person in control of private 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 and advertising, or the posting of public notices.

(2) No person shall either as principal or agent scatter, deposit or distribute on the streets, sidewalks or other public places or upon any private property any placards or advertisements whatsoever.

(3) This section shall not be construed to prohibit the distribution of advertising material to persons during any parade or approved public gathering. (Ord. 616, § 15. Code 1983 § 44.610.)

8.05.170 General nuisances.

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 hereby declared to be a nuisance and may be abated as provided in MCC 8.05.170 to 8.05.220. (Ord. 616, § 16. Code 1983 § 44.710.)

8.05.180 Declaration of nuisance and abatement notice.

Upon determination by the City Council or the City Manager that a nuisance as defined herein exists, the City Manager shall cause a notice to abate to be mailed to the person(s) responsible at their last known address. The notice to abate shall contain:

(1) The name of the person(s) responsible for abating the nuisance and a description of the nuisance.

(2) A description of the property, by street address or otherwise, where the nuisance exists.

(3) A direction to abate the nuisance within 10 days from the date the notice was mailed.

(4) A statement that unless the nuisance is abated or an appeal is filed within the 10-day period the City will abate the nuisance and the cost of abatement will be charged to the person(s) responsible and will become a lien against the property.

(5) A statement that the person responsible may appeal the notice to abate to the City Council by filing a notice of appeal which sets forth the basis for the appeal with the City Recorder within 10 days of the date the notice to abate was mailed. (Ord. 616, § 17; amended by Ord. 963, § 1, Jan. 7, 1986; Ord. 1055, § 12, April 7, 1992. Code 1983 § 44.720.)

8.05.190 Appeal.

(1) If a notice of appeal is filed the Council shall hear the appeal at its first meeting after the filing of the notice of appeal. The City Manager shall notify the person(s) responsible of the hearing date.

(2) If, after conducting the hearing, the City Council determines that a nuisance does exist it shall order the person(s) responsible to abate the nuisance and shall specify the time in which the abatement must occur. (Ord. 616, § 18; amended by Ord. 1055, § 13, April 7, 1992. Code 1983 § 44.730.)

8.05.200 Abatement by the City.

If, within the time fixed as provided by this chapter, the nuisance has not been abated by the owner or person in charge of the property, the City Manager shall cause the nuisance to be abated and assess the cost thereof against the property, whether said assessment is for work done on said property, abutting thereon or adjacent thereto. (Ord. 616, § 19; amended by Ord. 963, § 2, Jan. 7, 1986. Code 1983 § 44.740.)

8.05.210 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 the administrative overhead.

(b) That the cost as indicated will be assessed to and become a lien against the property unless paid within 60 days from the date of the notice.

(c) That if the owner or person in charge of the property objects to the cost of the abatement as indicated, he may file a notice of objection with the City Recorder not more than 30 days from the date of the notice.

(2) After the expiration of 30 days from 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 60 days from the date of the notice, an assessment of the costs as stated or as determined by the Council shall be made by resolution 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 abated.

(4) The lien shall be collected in the manner provided by the general laws of the State of Oregon for foreclosing liens and collecting assessments, and such lien shall bear interest at the highest rate of interest allowed by the laws of the State of Oregon per annum. Such interest shall commence to run 30 days after the entry of the lien in the 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 assessment render the assessment void, but it shall remain a valid lien against the property. (Ord. 616, § 20; amended by Ord. 963, § 3, Jan. 7, 1986; Code 1983 § 44.750.)

8.05.220 Summary abatement.

Upon determination by the Mayor, the City Manager or the City Manager’s designee that a nuisance as defined by this chapter exists and that unless the nuisance be summarily abated the public health, safety or welfare will be endangered, such officer may act as follows:

(1) He or she shall give or cause to be given a notice to remove or abate such nuisance within 24 hours.

(2) If the nuisance is not removed or abated within 24 hours he or she is authorized to remove or abate the nuisance and the cost shall be charged against the property and collected as provided in MCC 8.05.200 and 8.05.210. (Amended by Ord. 1055, April 7, 1992. Code 1983 § 44.760.)

8.05.230 Criminal background checks.

(1) All applicants for employment, contracted tow truck drivers, taxi operators and taxi drivers, and liquor license applicants with the City, and all persons for whom a nonprofit organization authorized to request criminal background checks on volunteers under subsection (4) of this section has requested a criminal background check, shall authorize the City to conduct a criminal background check through the OSP LEDS system. The City may require that volunteers for public service with the City authorize a criminal background check, based on criteria for requiring such requests adopted by the City Manager or adopted by the departments of the City and approved by the City Manager.

(2) A member of the Police Department trained and authorized to perform criminal background checks through the LEDS system will conduct the check on the prospective employee, volunteers, contracted tow truck driver, taxi operator or taxi driver, or liquor license applicant, and orally report to the City Manager that the applicant’s records indicates “no criminal record” or “criminal record.” If the applicant’s record is reported as “criminal record,” the City Manager will, under OAR 257-010-0025, request a written criminal history report from the OSP Identification Services Section. The City Manager shall take into account the written criminal background record available to the City Manager for consideration in making whatever decision the City has been asked to consider.

(3) The written criminal background record on persons that are not hired or appointed as a contractor, employee, contracted tow truck driver, taxi operator or taxi driver, or volunteer, or not recommended for approval as a liquor licensee, will be retained in accordance with the requirements of OAR 166-200-0090 for a period of three years and thereafter will be destroyed. The criminal background record of applicants and volunteers with a criminal history that are hired, appointed or recommended will become a part of the confidential personnel files of that individual. Access to confidential personnel files shall be limited to only authorized persons who have an official need to access such files that is sanctioned by law or regulation.

(4) Nonprofit organizations that serve youth in the community, including, but not limited to, Central Youth Sports, YMCA, and other youth sports organizations, may submit a request to the City Manager that the Police Department perform criminal background checks. Such checks shall be at the sole discretion of the City Manager, who shall take into account Police Department workload priorities and staff availability. The Police Department shall perform such checks only on prospective youth volunteers. The Police Department shall confirm only if a criminal record exists, without any detail of such record. (Ord. 1271, §§ 2, 3, 4, 5, February 17, 2009. Code 1983 § 44.765.)

8.05.330 Separate violations.

(1) Any person violating any provision of this chapter shall be considered to have committed a separate offense for each day during which such violation continues.

(2) The abatement of a nuisance as herein provided shall not constitute a penalty for a violation of this chapter, but shall be in addition to any penalty imposed for a violation of the ordinance. (Ord. 616, § 23; amended by Ord. 919, § 1, Dec. 7, 1982. Code 1983 § 44.910.)

8.05.340 Penalties.

(1) Any person violating any of the provisions of this chapter and Chapters 8.10 and 8.15 MCC shall be subject to a fine not to exceed $500.00.

(2) Any person who is convicted of a second violation of MCC 8.05.150(11), when the acts upon which the convictions were based took place within a 90-day period and occurred at the same premises shall be guilty of a Class C misdemeanor. (Ord. 616, § 22; amended by Ord. 919, § 1, Dec. 7, 1982; Ord. 1046, § 14, Dec. 10, 1991; Ord. 1162, Mar. 6, 2001; Ord. 1190, Mar. 2, 2004. Code 1983 § 44.995.)