Chapter 8.05 PUBLIC NUISANCES

“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 chapter or another ordinance of the city.

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

“Receptacles” means cans, carts, bins, containers, drop boxes, or dumpsters used for the containment and disposal of solid waste.

“Solid waste” means discarded putrescible, nonputrescible, and recyclable materials, including but not limited to garbage, rubbish, refuse, ashes, paper, cardboard, sewage sludge, septic tank and cesspool pumpings, or other sludge, useless or discarded commercial, industrial, demolition, and construction materials, discarded or abandoned vehicles or parts thereof, discarded home and industrial appliances and furnishings, manure, vegetable or animal solid and semi-solid wastes, dead animals, and infectious waste as defined in ORS 459.386.

(2) As used in this chapter the singular includes the plural and masculine includes the feminine. [Ord. 803, 2015; Ord. 646 § 1, 1993].

8.05.020 Nuisances affecting the 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) Privies. Any open vault or privy maintained within the city, except those privies used in connection with construction projects and constructed in accordance with State Health Division regulations.

(2) Debris on Private Property. All accumulations of debris, rubbish, manure and other refuse located on private property and which has not been removed within a reasonable time and which affects 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 or 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 which is offered for human consumption. [Ord. 646 § 2, 1993].

8.05.030 Nuisances affecting public safety.

(1) No person shall place, leave or discard any abandoned, unattended or discarded ice box, refrigerator or similar container which has an air-tight snap lock in any place accessible to children without first removing such air-tight snap lock or the door or doors from the ice box, refrigerator or similar container.

(2) No owner or person in charge of property shall permit thereon a well, cistern, cesspool, excavation, or other hole more than four feet deep and having a width of more than six inches which is not adequately covered or fenced with a suitable protective construction. [Ord. 646 § 3, 1993].

8.05.040 Attractive nuisances.

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

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

(b) Lumber, logs, pilings or other material placed or stored in a manner so as to be attractive, dangerous and accessible to children.

(2) This section does not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children. [Ord. 646 § 4, 1993].

8.05.050 Noxious vegetation.

(1) No owner, occupant or agent in charge of improved or unimproved real property shall allow noxious vegetation on the property or upon any sidewalk abutting the property. Noxious vegetation is declared a nuisance.

(2) The owner, occupant or agent in charge of real property shall abate noxious vegetation from the property. The owner and the person in charge shall be jointly and severally liable for the cost of abatement as provided in this chapter.

(3) For the purpose of this section, “noxious vegetation” means:

(a) Vegetation that is, or is likely to become:

(i) A health hazard;

(ii) A fire hazard;

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

(b) Poison oak and poison ivy.

(4) The owner or person in charge of property shall cut down or destroy noxious vegetation as often as needed to prevent it from becoming a health or fire hazard, or, in the case of weeds or other noxious vegetation, from maturing or from going to seed.

(5) The city administrator may cause to be published, in a newspaper of general circulation in the city, a copy of subsection (4) 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.

(6) Except to the extent that vegetation constitutes a traffic hazard because it impairs the view of the public thoroughfare, or otherwise makes use of the thoroughfare hazardous, this section shall not be construed to prohibit bushes, trees, grass and other shrubbery grown or maintained for ornamental purposes, nor shall it prohibit the growth or maintenance of any vegetation designed for food or fuel purposes. [Amended during 2012 recodification; Ord. 646 § 5, 1993].

8.05.060 Trees.

(1) No owner or person in charge of property that abuts on a street or public sidewalk shall permit trees or bushes on the property to interfere with street or sidewalk traffic. An owner or person in charge of property that abuts on a street or public sidewalk shall keep all trees and bushes on the premises, including the adjoining parking strip, trimmed so that any overhanging portions are at least eight feet above the sidewalk and at least 12 feet above the roadway.

(2) No owner or person in charge of property shall allow a dead or decaying tree to stand if it is a hazard to the public or to persons or property on or near the property. [Ord. 646 § 6, 1993].

8.05.070 Solid waste.

All persons in the city are hereby required to dispose of all perishable solid waste before the same shall have become offensive, and to dispose of all nonperishable solid waste promptly and not permit the same to accumulate on or about premises.

(1) Solid Waste Accumulation and Solid Waste Receptacles. It shall be unlawful for any person in possession, charge, or control of any dwelling, multifamily housing, manufactured home park, place of business, school, or manufacturing establishment where solid waste is created or accumulated to fail at all times to keep portable receptacles of standard type and construction, and to deposit said solid waste therein. Said receptacles shall be strong, watertight, rodent proof, insect proof, and shall have tightly fitting lids. Said receptacles with capacities pursuant to applicable franchise agreements shall be kept tightly closed at all times except when being emptied or filled, and shall be kept and maintained out of the rights-of-way when not placed out for collection. Receptacles placed for collection shall be located in a manner to provide safe, above-ground access without hazard or risk to franchisee or as to pose a hazard to pedestrians, bicycles, or motor vehicles. No person shall accumulate or store waste that is unsightly or in violation of city, county, or Oregon Department of Environmental Quality regulations.

(2) Curbside Receptacle Placement. Placement of receptacles must be within three feet of curb but shall not restrict access to bicycle lanes or sidewalks and shall not be blocked by vehicles or other items. Placement of receptacles is limited to a time period of 24 hours prior to scheduled pick-up by a franchised hauler and 24 hours after scheduled pick-up. Receptacles within alleys or unimproved city streets shall be placed to accommodate collection vehicles. [Ord. 803, 2015; Ord. 646 § 7, 1993].

8.05.080 Junk.

(1) No person shall keep junk outdoors on a street, lot or premises or in a building that is not wholly or entirely enclosed except for doors used for ingress and egress.

(2) The term “junk,” as used in this section, includes all old motor vehicles, old motor vehicle parts, abandoned automobiles, old machinery, old machinery parts, old appliances, old appliance parts, scrap iron or other scrap metal, glass, paper, lumber, wood or other waste or discarded material.

(3) This section does not apply to junk kept in an authorized junkyard or automobile wrecking yard operated in compliance with all applicable city ordinances. [Ord. 646 § 8, 1993].

8.05.090 Fences.

(1) No owner or person in charge of property shall construct or maintain any barbed-wire fence or allow barbed wire to remain as part of a fence along a sidewalk or public way or along the adjoining property line of another person, unless such wire is placed not less than six inches above the top of a board, picket or smooth wire fence when such fence is not less than six feet in height. This section shall not allow a fence, including the topmost wire, to exceed the maximum height permitted for fences as may be established in another ordinance.

(2) No owner or person in charge of property shall install, maintain or operate any electric fence along a sidewalk or public way or along the adjoining property line of another person. [Ord. 646 § 9, 1993].

8.05.100 Defective or obstructed sidewalks.

(1) No owner of property, improved or unimproved, abutting on a public sidewalk shall permit the sidewalk to deteriorate to such a condition that, because of cracks, chipping, weeds, raising up, settling, holes, covering by dirt, ice or snow, or other similar occurrences, the sidewalk becomes a hazard to persons using it.

(2) The city shall not be liable to any person for loss or injury to a person or property suffered or sustained by reason of any accident on sidewalks caused by ice, snow, encumbrances, obstruction, cracks, chipping, weeds, raising, settling, holes, covering by dirt or other similar condition. Abutting property owners shall maintain sidewalks free from such conditions and are liable for any and all injuries to persons or property arising as a result of their failure to so maintain the sidewalk. [Ord. 646 § 10, 1993].

8.05.110 Surface waters, drainage.

(1) No owner or person in charge of a building shall permit rainwater to drain from the building onto a public sidewalk or to flow across the sidewalk.

(2) The owner or person in charge of the building 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 onto the sidewalk. [Ord. 646 § 11, 1993].

8.05.120 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. 646 § 12, 1993].

8.05.130 Domestic animals – Domestic fowl.

No person shall permit any horses, cattle or other stock animal, or any chickens, turkeys or other domestic fowl, which are owned by such person or in his possession, to run at large in the city. [Ord. 646 § 13, 1993].

8.05.140 Swine.

Except as household pets, no person shall have or keep swine within the city, except that this section shall not apply to swine being transported for commercial purpose. [Ord. 646 § 14, 1993].

8.05.150 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 on any private property for a period of time longer than is reasonably necessary to remove such carcass. [Ord. 646 § 15, 1993].

8.05.160 Notices and advertisements.

(1) No person shall affix or cause to be distributed 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 charge of the 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 location of, signs and advertising.

(2) This section shall not be construed to prohibit the distribution of material during any parade or public gathering. [Ord. 646 § 16, 1993].

8.05.170 Unenumerated nuisances.

(1) The acts, conditions or objects specifically enumerated and defined in this chapter are declared public nuisances and may be abated by the procedures set forth in this chapter.

(2) In addition to those nuisances specifically enumerated within this chapter, 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 hereby declared to be a nuisance and may be abated as provided in this chapter. [Ord. 646 § 17, 1993].

8.05.180 Abatement notice.

(1) Upon determination by the city administrator that a nuisance as defined by this chapter exists, the city administrator 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.

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

(3) The notice to abate shall contain:

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

(b) A description of the nuisance.

(d) A statement that, unless the nuisance is removed within the time specified, the city may abate the nuisance and the cost of abatement will be charged to the person responsible.

(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 notice to the city administrator within five days of 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 person posting and mailing the notice shall execute and file with the city recorder a certificate stating the date and place of the mailing and posting.

(6) An error in the name or address of the owner or person responsible shall not make the notice void, and in such a case the posted notice shall be sufficient. [Ord. 646 § 18, 1993].

8.05.190 Abatement by person responsible.

(1) Within five days after the posting and mailing of the notice, as provided in MCMC 8.05.180, the person responsible shall remove and abate the nuisance or file a protest.

(2) A person responsible, protesting that no nuisance exists, shall file with the city administrator a written statement that specifies the basis for the protest.

(3) The statement shall be referred to the city council as a part of the council’s 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, and the council shall thereupon determine whether a nuisance in fact exists; and such determination shall be entered in the official minutes of the council. The council’s determination shall be required only in those cases where a written statement has been filed as provided herein.

(4) If the council determines that a nuisance in fact exists, the person responsible shall remove or abate the nuisance within five days after the council’s determination. [Ord. 646 § 19, 1993].

8.05.200 Abatement by the city.

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

(2) Upon presentation of proper credentials, the officer charged with abatement of the nuisance may enter upon the property at reasonable times to investigate or cause the removal of a nuisance, or otherwise perform any duty imposed upon him by this chapter; provided, however, in the event that entry is not voluntarily permitted by the owner, occupant or person in charge of the property, the officer must first obtain an order from a court of competent jurisdiction allowing such entry.

(3) The city recorder shall maintain an accurate record of the expense incurred by the city in abating the nuisance, and shall include a charge of 15 percent of the expense for administrative cost. [Ord. 646 § 20, 1993].

8.05.210 Assessment of cost.

(1) The city recorder 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 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.

(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 within 10 days from the date of the notice.

(2) No sooner than 30 days after the date of the notice, the city council, in the regular course of business, shall hear and make a decision on the objections to the cost 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 of the council 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 eight 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 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. 646 § 21, 1993].

8.05.220 Summary abatement.

The procedure provided by this chapter is not exclusive, but is in addition to procedures provided by other ordinances. The chief of police, the fire chief or any other officer of the city may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property. [Ord. 646 § 22, 1993].

8.05.230 Penalties.

A violation of a provision of this chapter is punishable by a fine not to exceed $500.00. [Ord. 646 § 23, 1993].

8.05.240 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 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 five days of notice that a nuisance exists will relieve the person responsible from the imposition of a penalty imposed by this chapter. [Ord. 646 § 24, 1993].