Chapter 8.12 NUISANCES

(f) “Premises” means real property located in the city, including submerged lands, regardless of the ownership form, together with any and all buildings and structures located thereon, including floating structures, as well as more transient personal property where nuisance material or conditions may accumulate or occur such as vehicles, barges, or open storage vessels located on the property.

(g) “Public place” means any building, place or accommodations, whether publicly or privately owned, open and available to the public.

(h) “Temporary parklet” means the use of a vehicle space (e.g., on-street parking space) or curb extension for public use, social interaction, and passive or active recreation. Temporary parklets in an on-street parking space are typically comprised of a platform, barriers to traffic, and seating, yet creativity in incorporating landscaping, art, and other elements is encouraged, given safety requirements are met. The duration of temporary parklets and the design vary accordingly. See SHMC 18.12.190.

(2) As used in this chapter, the singular includes the plural and the masculine includes the feminine. (Ord. 3181 § 4 (Att. C), 2015; Ord. 2974 § 1, 2005; Ord. 2146 § 1, 1976)

Article II. Animals

8.12.020 Repealed.

Repealed by Ord. 2760. (Ord. 2146 § 2, 1976)

8.12.030 Repealed.

Repealed by Ord. 2294. (Ord. 2146 § 3, 1976)

8.12.040 Repealed.

Repealed by Ord. 2760. (Ord. 2146 § 4, 1976)

Article III. Nuisances Affecting the Public Health

8.12.050 Nuisances affecting the public health.

The following are hereby declared to be nuisances affecting the public health, and no person shall permit such nuisances to exist or be maintained upon the property of which he is in charge:

(1) Privies. Any open vault or privy maintained within the city, except those privies used in connection with construction projects or temporarily authorized by the city and constructed in accordance with the Oregon State Health Division regulations.

(2) Debris on Private Property. All accumulations of debris, trash, garbage, rubbish, manure and other refuse located on private property or sidewalks abutting thereon, and which has not been removed within a reasonable time and which is unsightly or 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, would 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.

(6) Odor. Any premises which are in such state or condition as to cause a nuisance or offensive odor, which are in an unsanitary condition, or upon which animal or vegetable products or substances are rendered, heated, steamed or burned in such manner as to cause or permit the escape of offensive odors. (Ord. 2146 § 5, 1976)

Article IV. Nuisances Affecting the Public Safety

8.12.060 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 airtight door with a snap lock or lock or other mechanism which may not be released for opening from the inside without first removing such snap lock or door from such ice box, refrigerator or similar container. (Ord. 2146 § 6, 1976)

8.12.070 Attractive nuisances.

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

(a) To remain unguarded upon said premises any machinery, automobile bodies or parts thereof, equipment, structures, buildings or other devices having the characteristic of an attractive nuisance or which is liable to attract children.

(b) The piling of any lumber, logs or piling in such a manner as to be attractive and dangerous to children and which is accessible to 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. 2449 § 1, 1983; Ord. 2146 § 7, 1976)

8.12.080 Obstructions in passageways.

(1) Purpose. The purpose of this section is to identify objects prohibited from being placed in the sidewalks, streets, and other public rights-of-way, and to ensure that any objects not prohibited that are placed on sidewalks, streets, and other public rights-of-way are appropriately located, are compatible with surrounding allowed uses, and are conducive to the public health, safety, and welfare. Another purpose of this section is for enhancement and beautification of the commercial areas.

(2) Definitions and General Notes.

(a) “Sidewalk furniture” includes items placed in the public sidewalk by businesses for incidental use by their customers while patronizing said business, and includes but is not limited to:

(i) Chairs.

(ii) Flower boxes.

(iii) Tables.

(iv) Umbrellas.

(v) Lights.

(vi) Heaters.

(vii) Street clocks.

(viii) Trash cans and ashtrays.

(ix) Shelving for merchandise.

(x) Devices to hang merchandise.

(xi) Any other fixture or furnishing deemed to be similar by the council-designated person.

(b) Sidewalk furniture does not include signs which are regulated by another ordinance.

(d) Public utilities, authorized public agencies, and other organizations recognized by the city council are not restricted by this section.

(e) No advertising on sidewalk furniture, benches or planters.

(f) Sidewalk furniture shall not interfere with parking of vehicles in street rights-of-way unless permitted as part of a “temporary parklet” through permitting procedures referred to in subsection (6) of this section. Interference shall be determined by the city engineer and city manager/administrator and shall generally mean that vehicles that have access to painted lines and/or wheel stops shall be allowed to use them.

(3) Planter Boxes. Planter boxes may be allowed on sidewalks and passageways lying within street rights-of-way in accordance with the following:

(a) “Planter box” is defined as a container with a display of landscape plant material, excluding city-approved and/or installed street trees.

(b) A planter box shall be clean and the plants well-maintained.

(c) It is the responsibility of the permittee to position the planter box to provide an unobstructed passageway on the sidewalk in compliance with Americans with Disabilities Act Administrative Guidelines (ADAAG).

(d) A planter box shall be located in the planter/landscape strip, in a curb extension, or against the building within the front yard setback as established by zone in Chapter 17.32 SHMC.

(e) A planter box shall be positioned to not obstruct any entrances or exits to buildings or to legally parked vehicles.

(f) A planter box shall not be placed on a corner, except on a corner with a curb extension and located in a manner consistent with the city’s visual clearance area requirements in Chapter 17.76 SHMC or SHMC 8.12.212.

(g) There shall be no fee or permit required for a planter box.

(4) Merchandise. Merchandise, owned by the merchant abutting the area where displayed, may be displayed on sidewalks and passageways lying within street rights-of-way in accordance with the following:

(a) Shelves used to display merchandise of any character, including but not limited to groceries, vegetables, and products, must be a stable status, must not block normal flow of users and must at least comply with American with Disabilities Act Administrative Guidelines (ADAAG).

(b) Shelves must be removed no later than sunset each evening and cannot be set up again until at least sunrise the next morning.

(i) Merchandise may be displayed on sidewalks in front of/abutting a properly approved and licensed commercial enterprise or business in commercial zones as long as they meet the following standards:

(A) Location shall not interfere with pedestrian rights to travel on the city sidewalk; and

(B) Merchandise shall be secured against being blown away; and

(C) Merchandise shall not be more than six feet from the building frontage, except when permitted as part of a “temporary parklet” in a curb extension or in an on-street parking space pursuant to permit procedures referred to in subsection (6) of this section; and

(D) Merchandise shall be removed from the sidewalk during hours when business is closed.

(ii) There shall be no fee required for display of merchandise on the sidewalk.

(iii) The provisions of this section do not apply to the delivery of merchandise or equipment. No person may permit such delivered merchandise or equipment to remain on a street or sidewalk beyond a reasonable time.

(5) Tables, Chairs, and Equipment Associated with the Serving of Food and Beverages. Tables, chairs, and equipment associated with the serving of food and beverages are permitted on sidewalks and passageways and in on-street parking spaces lying within street rights-of-way in accordance with the following requirements and permitting procedures referred to in subsection (6) of this section:

(a) The tables, chairs, and equipment are for the purpose of serving food and beverages and for the comfort of patrons to a particular business.

(b) The business is required to keep the area occupied by the tables, chairs, and equipment clean and well-maintained.

(c) All tables, chairs, and other equipment associated with the serving of food and beverages must be stored next to the building daily at the close of the business for which they are associated and at least five feet of unobstructed sidewalk must be maintained from sunset to sunrise, or if the area where the furniture is located is well-lit and secure and does not present a danger to the public or block required accessways and pathways, then it can remain in place at all times (not permanently attached to the public sidewalks but can be secured against theft in a temporary manner, such as a lock and/or chain).

(d) It is the responsibility of the permittee to position the table and chairs to provide an unobstructed passageway at all times on the sidewalk in compliance with Americans with Disabilities Act Administrative Guidelines (ADAAG).

(e) Umbrellas, heaters, and such tall equipment shall not interfere with pedestrians below a height of seven feet on a sidewalk.

(f) The smoking rules still apply as to proximity to the entrance of a business.

(g) Short fences, not over three feet in height, may be used to delineate seating areas for restaurants and such users of tables and chairs in the rights-of-way where the furniture is not required to be moved inside each sunset.

(h) These rules shall not override more restrictive rules such as building codes and federal or state laws.

(6) Permit Requirements. Use of sidewalks and passageways lying within street rights-of-way described in this section shall be in accordance with the following:

(a) Before use of a sidewalk area, a use of public passageway permit application with the required fee, as set by resolution of the city council, must be submitted to the council-designated person. The permit fee shall apply to all furniture for a single business at one location and shall not be charged on each individual component. The permit shall be valid for one year and shall expire on the last day of a year. A permit is not required for a planter box or approved bench.

(b) The permittee is liable in damages to a person injured upon a sidewalk because of the permittee’s fault or negligence in the placement or condition of obstructions placed upon such sidewalk by the permittee.

(c) The permittee is responsible for compliance with Americans with Disabilities Act Administrative Guidelines (ADAAG) concerning the placement or condition of obstructions placed upon such sidewalk by the permittee.

(d) Additional guidance for designing and permitting temporary park-let in on-street parking spaces is provided in SHMC 18.12.190. This is separate from the use of public passageway permit noted previously in this subsection. Generally, the use of public passageway permit applies to use of sidewalks and passageways and the temporary parklet permit applies to use of on-street parking spaces.

(7) Other Obstructions. No person may deposit earth, gravel, debris or any other materials of any nature on a street or sidewalk, except as otherwise authorized by the regulations of the city.

(8) Recreational Equipment. No person may place any recreational equipment on, in or over a street, sidewalk, or other public right-of-way. For the purposes of this subsection, recreational equipment shall include, but not be limited to, the following:

(a) Basketball backboards, hoops, nets and any related supporting apparatus;

(b) Soccer, lacrosse, hockey, or any other goal post or goal structure;

(d) Any other recreational equipment or apparatus that prevents, interrupts, and obstructs the travel or free passage of pedestrian and vehicular traffic, or that otherwise interferes with the provision of city services, including, but not limited to, the unimpeded operation of the storm water collection system or street sweeping.

(9) Enforcement. In addition to any other method of enforcement available to the city, the provisions of this section may be enforced by the issuance of citations by code enforcement officers duly appointed pursuant to St. Helens codes. (Ord. 3181 § 4 (Att. C), 2015; Ord. 3162 § 1, 2012; Ord. 3080 § 1, 2008; Ord. 3039 § 2, 2007)

8.12.082 Sidewalk vendors.

(1) Conducting a Business on City Sidewalks Is Unlawful without a Permit. No person shall conduct business as herein defined on any city sidewalk without first obtaining a permit from the city administrator and paying the required fee. It shall be unlawful for any person to sell any goods or services on any sidewalk within the city of St. Helens except as provided by these rules.

(2) Definitions.

(a) “City administrator” means the person holding the position of city administrator or any agent, employee, or designee authorized to perform the duties of this section by the city administrator.

(b) “Commercial zone” means abutting property which is zoned commercial pursuant to SHMC Title 17, Community Development Code, or any other zone which may be created as a successor zone to such existing commercial zones.

(c) “Conduct business” means the act of selling or attempting to sell services, or edible or nonedible items for immediate delivery.

(d) “Permit operating area” means the sidewalk from the midpoint of one block face to the midpoint of an adjacent block face.

(e) “Sidewalk” means that portion of the right-of-way between the curb lines or the lateral lines of a roadway (paved improvement) and the adjacent property line intended for the use of pedestrians.

(f) “Special event” means an event specifically approved by an individual ordinance or permit granting use of street and sidewalk areas within a specifically defined area for a period of time not exceeding 10 days.

(3) Items for Sale.

(a) All items or services to be sold must:

(i) Be vended from a regulation size vending cart;

(ii) Not lead to or cause congestion or blocking of pedestrian traffic on the sidewalk;

(iii) Involve a short transaction period to complete the sale or render the service;

(iv) Not cause undue noise or offensive odors;

(v) Be easily carried by pedestrians.

Requests to have an item or service considered for approval shall be submitted in writing to the city administrator, who shall determine whether the item or service conforms to the above criteria. If the item or service conforms to the above criteria, it shall be listed as approved for sale by sidewalk vendors. If the item or service does not conform, it shall be listed as prohibited for sale by sidewalk vendors. The decision of the city administrator, if adverse to the applicant’s request, may be appealed to the council.

(4) Permit Fee. Each application for a permit to conduct business on a sidewalk shall be accompanied by a fee as set forth by resolution. The application fee is nonrefundable and additional to the permit fee. The permit fee, as set by resolution, shall be collected prior to issuance of the permit. Permits renewed prior to expiration do not require an application fee. Permits renewed after the expiration will be treated like a new application. Application for a permit to conduct business on a sidewalk shall be made at the office of the city administrator on a form deemed appropriate by the city administrator. Such application shall include but not be limited to the following information:

(a) Name and address of the applicant.

(b) The number and expiration date of applicant’s city business license.

(c) Type of items sold or services rendered. Individual applications shall be accepted for one type of product or service only.

(d) A valid copy of all necessary permits required by state or local health authorities.

(e) A signed statement that the permittee shall hold harmless the city of St. Helens, its officers and employees and shall indemnify the city of St. Helens, its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Permittee shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect permittee, property owners, and city from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than $100,000 for bodily injury for each person, $300,000 for each occurrence and not less than $300,000 for property damage per occurrence. Such insurance shall be without prejudice to coverage otherwise existing therein, and shall name as additional insured the city of St. Helens, their officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the contract without 30 days’ written notice to the city administrator of the city of St. Helens.

(f) Means to be used in conducting business including but not limited to a description of any mobile container or device, to be used for transport or to display approved items or services.

(g) A separate application shall be required for each mobile container or device to be used for transportation or display.

(h) The proposed location for conducting business and the written consent of the property owner(s) adjacent to the permit operating area, along with a signed statement that permittee shall hold harmless the adjacent property owner(s) for any claims for damage to property or injury to persons which may be occasioned by any activity carried on or under the permit. This consent and hold harmless statement must be submitted on a form deemed appropriate by the city administrator. No application shall apply to more than one location. No application will be accepted for a permit operating area within which a current permit has been issued or an application is pending.

(i) No food vendor application will be accepted for a permit operating area where a restaurant or fruit and vegetable market, with direct access to the sidewalk, is adjacent or within 100 feet on the same block. No application will be accepted for a flower vendor for a permit operating area where a flower shop, with direct access to the sidewalk, is adjacent or within 100 feet on the same block. The above requirement may be waived if the application is submitted with the written consent of the proprietor of the restaurant, fruit and vegetable market or flower shop. The consent must be submitted on a form deemed appropriate by the city administrator.

(5) Location Selection.

(a) Permit operating areas which have not been issued a current permit shall be available only upon receipt of the written consent of the property owner(s) adjacent to the permit operating area.

(b) No vendor or vending business may obtain permits for adjacent permit operating areas on the same block.

(c) The city administrator may establish an additional permit operating area on a block face which exceeds 300 feet in length.

(6) Location Review. Upon receipt of an application for a permit the city administrator shall review the proposed permit operating area to determine if the said area is suitable for sidewalk vending. In making this determination, the city administrator shall consider the following criteria:

(a) The permit operating area must be within a commercial zone.

(b) The use of the permit operating area for sidewalk vending must be compatible with the public interest in use of the sidewalk areas as public right-of-way. In making such determination the city administrator shall consider the width of sidewalk, the proximity and location of existing street furniture, including, but not limited to, signposts, lamp posts, parking meters, bus shelters, benches, phone booths, street trees, and newsstands, as well as the presence of bus stops, truck loading zones, taxi stands, or hotel zones to determine whether the proposed use would result in pedestrian or street congestion.

(c) The city administrator shall inform the applicant whether the proposed permit operating area is suitable or unsuitable. In the event the applicant is dissatisfied with the city administrator’s decision regarding a certain application, the applicant may appeal the decision to the councilor in charge. The decision of the councilor, if adverse to the applicant or any notified party, may be appealed to the city council. Appeals to the council shall be in writing and submitted with the appeal fee as set forth by resolution, to cover staff’s time in preparing a report. Appeals shall be heard at the council’s work session as time permits.

(7) Payment for Written Consent Is Unlawful. No person or corporation shall either pay or accept payment for written consent required for the issuance or continued operation of a sidewalk vending permit.

(8) Design Review. The applicant for a sidewalk vendor permit shall submit detailed scale drawings of the device to be used, material specifications, and an isometric drawing of at least two views showing all four sides of the vending device. Vending devices shall be measured by the city administrator prior to the issuance of a permit or the renewal of a permit to ensure compliance with this section.

(9) Fire Marshal Inspection. Prior to the issuance of any permit, the fire marshal shall inspect and approve any mobile device or pushcart to assure the conformance of any cooking or heating apparatus with the provisions of the city fire code.

(10) Application Time Limit. The applicant must complete all reviews, inspections and present all required documents to the city administrator within 60 days from date of location approval. Failure to meet this requirement shall result in cancellation of the application and forfeiture of the application fee. The city administrator may extend this time limit, upon written request, if there is a reasonable need.

(11) Form and Condition of Permit. The permit issued shall be in a form deemed suitable by the city administrator. In addition to naming the permittee and other information deemed appropriate by the city administrator, the permit shall contain the following conditions:

(a) Each permit will expire at midnight on the three hundred sixty-fifth day after the permit was issued.

(b) The permit issued is not transferable in any manner.

(c) The permit is valid only when used at the permit operating area designated on the permit. The permit operating area may be changed by submitting a new letter of consent accompanied by an additional application fee.

(d) The permit is valid for one cart only.

(e) The location within the permit operating area may be changed, either temporarily or permanently, by written notice of the city administrator.

(f) The permit is subject to the further restrictions of this section.

(g) The permit as it applies to a given permit operating area may be suspended by the council for a period up to 10 days when an ordinance providing for a community event shall so provide.

(12) Renewal of Permits. Permits must be renewed prior to expiration, and a renewal application must be completed and signed by the applicant, and submitted to the city administrator at least 30 days prior to expiration. Application shall be on a form deemed suitable to the city administrator, accompanied by a permit fee. Applications received after their expiration shall be processed as new applications. The city administrator shall review each application to determine that:

(a) Any required consent has not been withdrawn.

(b) The applicant has a currently effective insurance policy in the minimum amount provided in subsection (4)(e) of this section.

(d) The cart size is in conformance with this section. If the city administrator finds that the application meets all the above requirements, a new permit may be issued.

(13) Restrictions.

(a) Any person conducting business on the sidewalks of the city of St. Helens with a valid permit issued under this section may transport and/or display approved items or services upon any mobile device or pushcart, under or subject to the following conditions:

(i) The operating area shall not exceed 24 square feet of sidewalk which shall include the area of the mobile device or pushcart and, when externally located, the operator and trash receptacle.

(ii) The length of the mobile device or pushcart shall not exceed six feet.

(iii) The height of the mobile device or pushcart, excluding canopies, umbrellas, or transparent enclosures, shall not exceed five feet.

(b) No person may conduct business on a sidewalk in any of the following places:

(i) Within 10 feet of the intersection of the sidewalk with any other sidewalk except that the city administrator may waive this restriction in writing for any location upon finding that construction of extra-width sidewalks makes such use consistent with the standards established by subsection (6) of this section.

(ii) Within eight feet of the adjacent property line.

(iii) Within 10 feet of the extension of any building entrance or doorway, to the curb line.

(iv) Within 10 feet of any handicapped parking space or access ramp.

(c) All persons conducting business on a sidewalk must display in a prominent and visible manner the permit issued by the city administrator under the provisions of this section and conspicuously post the price of all items sold.

(d) All persons conducting business on a sidewalk must pick up any paper, cardboard, wood or plastic containers, wrappers, or any litter in any form which is deposited by any person on the sidewalk or street within 25 feet of the place of conducting business. Each person conducting business on a public sidewalk under the provisions of this section shall carry a suitable container for placement of such litter by customers or other persons.

(e) All persons conducting business on a sidewalk shall obey any lawful order of a police officer to move to a different permitted location to avoid congestion or obstruction of the sidewalk or remove their vending cart entirely from the sidewalk if necessary to avoid such congestion or obstruction.

(f) No person shall conduct business as defined herein at a location other than that designated on their permit.

(g) No permittee shall make any loud or unreasonable noise of any kind by vocalization or otherwise for the purpose of advertising or attracting attention to their wares.

(h) No permitted cart or device shall be left unattended on a sidewalk nor remain on the sidewalk between midnight and 6:00 a.m.

(i) No permittee shall conduct business in violation of the provisions of any ordinance providing for a special event.

(14) Special Event Designation. The special event designation allows vendors to conduct business on city sidewalks at special events that the city administrator shall so designate, subject to the following conditions:

(a) Application shall be made to the city administrator on a form deemed appropriate by the city administrator. Each application shall apply to only one event or parade. Application is open to any vendor who possesses a valid sidewalk vending permit. Each application shall be accompanied by:

(i) A fee as set by resolution.

(ii) The proposed location for conducting business along with the temporary written consent of the property owner(s) adjacent to the permit operating area. This temporary consent must be on a form deemed appropriate by the city administrator. No application will be accepted for a permit operating area within which a permit has been issued or an application is pending.

(b) Application must be made at least five working days prior to an event to qualify for participation.

(d) Temporary locations are valid only for the date and hours specified by the city administrator.

(e) All other conditions of this section, except as herein stated, shall remain in effect.

(15) Denial, Suspension or Revocation of Permit.

(a) The city administrator may revoke or suspend the permit, or deny either the issuance or renewal thereof, of any person to conduct business on the sidewalks of the city of St. Helens if he finds:

(i) That such person has violated or failed to meet any of the provisions of this section;

(ii) That the cart operation has become detrimental to surrounding businesses and/or the public, due to either appearance or condition of the cart;

(iii) Any required permit has been suspended, revoked or canceled; or

(iv) The permittee does not have a currently effective insurance policy in the minimum amount provided in this section.

(b) Upon denial, suspension or revocation, the city administrator shall give notice of such action to the permit holder or applicant, as the case may be, in writing stating the action he has taken and the reasons therefor. If the action of the city administrator is a revocation based on subsections (15)(a)(iii) and (a)(iv) of this section, the action shall be effective upon giving such notice to the permittee; otherwise such notice shall contain the further provision that it shall become final and effective within 10 days. Any revocation effective immediately may also be appealed to the council by such filing within 10 days. Any revocation, suspension or denial may be appealed to the city council by filing a written notice of appeal with the city administrator within 10 days of receipt of notification.

(16) Appeal. The city recorder shall place the appeal on the council calendar at the first convenient opportunity therefor and shall notify the city administrator thereof. At the hearing upon appeal, the council shall hear all witnesses including the city administrator or their representative who shall state the grounds for this action, and the applicant or person whose permit has been revoked or suspended may supply testimony in writing by witnesses or otherwise and may question witnesses on their own behalf or on behalf of the city. The council shall hear and determine the appeal and the decision of the council shall be final and effective immediately.

(17) Penalties. A violation of any of the provisions of this section or the rules, regulations, or restrictions in the permit or permit application shall constitute a Class C misdemeanor. In the event that any provisions of this section are violated by a firm or corporation, the officer or officers, or the person or persons responsible for the violation shall be subject to the penalty herein provided.

(18) Abatement. The placement of any cart or device on any sidewalk in violation of the provisions of this section is declared to be a public nuisance. The city administrator may cause the removal of any cart or device found on a sidewalk in violation of this section and is authorized to store such cart or device until the owner thereof shall redeem it by paying the removal and storage charges therefor to be established by the council. If further abatement is necessary, the city shall follow procedures as outlined in Article V, Abatement Procedure, of this chapter. (Ord. 3109 § 2 (Att. A), 2009)

8.12.090 Trees, shrubs and weeds.

(1) No person in charge of property shall permit upon such property, or upon the sidewalk, parking strip or sidewalk area abutting such property, or in adjacent streets or alleys, any noxious weed or growth, or any brush, ferns, shrubs, or grass that are, or constitute, a fire hazard, a menace to public health or safety, or are unsightly.

(2) Street Tree Regulations.

(a) Definitions.

(i) “City forester” means the engineering manager of the city of St. Helens, Oregon, or his/her authorized agent.

(ii) “Tree” means a woody perennial plant having a single elongated main stem generally with few or no branches on its lower part.

(iii) “Shrub” means a low growing usually several-stemmed woody plant.

(iv) “Bush” means a low growing and densely branched woody plant.

(v) “Public tree” means a tree, shrub or bush located in rights-of-way, public easements, or other such areas owned by the city.

(vi) “Private tree” means a tree, shrub or bush located on private property other than a dedicated right-of-way, utility easement or public areas and grounds.

(vii) “Street tree” means a tree, shrub or bush on land lying within a dedicated right-of-way along either side of a street, avenue, or otherwise within a dedicated utility easement.

(viii) “Noxious species” means one that is physically harmful or destructive to living beings or public utilities and public investments.

(ix) “Immediate danger” means a situation that represents a hazard to life or property without interval of time.

(x) “Public places” means a location owned by the public, a dedicated right-of-way or public way and easement generally dedicated for utilities.

(xi) “Public improvement” means a change made with public money or by public employees. It can also happen with private money or private employees then be dedicated for public ownership or use.

(xii) “Utility” means a service such as sewer, electricity, water, storm drainage, gas, telephone or television provided by either a publicly owned company or privately owned company. If publicly owned, it is a public utility, and if privately owned, it is a private utility.

(b) City Forester.

(i) Established. There is established in the department of public works of the city the office of city forester. The director of public works, or his/her authorized agent, shall serve as city forester in the administration and enforcement of this section.

(ii) Scope. The city forester shall have exclusive jurisdiction and supervision over all trees and other plants planted or growing in public places and authority over all trees and other plants planted or growing in private places as hereinafter set forth.

(iii) Preserve or Remove. The city forester shall have the authority to oversee the planting, trimming, spraying with general notice, preservation and removal of trees and other plants in public places to ensure safety or preserve the symmetry and beauty of such public places.

(iv) Order to Preserve or Remove. The city forester shall have the authority to order the spraying with general notice, trimming, preservation or removal of trees or other plants upon private property when it is found that such action is necessary to protect the public safety or to prevent the spread of disease or insects to public trees and places.

(v) Supervision. The city forester shall have the authority to supervise all work done under the terms of this section.

(i) Established. There is hereby established a tree committee, and it is composed of the appointed members of the planning commission or such citizens of the city that the council shall see fit to appoint. The number and terms shall be the same as for the planning commission.

(ii) Scope. The committee shall study, investigate and develop, and/or update annually and administer a written plan for the care, preservation, pruning, replanting, removal or disposition of street trees and public trees. The plan shall be presented to the city council and, upon their acceptance and approval, shall constitute the official comprehensive city tree program of the city of St. Helens, Oregon. The committee, when requested by the city council or the city forester, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.

(iii) Tree List. The official St. Helens tree list of acceptable species of trees, shrubs and bushes shall be maintained by the committee and made available to the public as set forth by resolution. No person, without the written permission of the city, shall plant a street tree of a species other than those included on the list or approved by the city forester. As much as possible, street tree plantings for any one street will be restricted to a single species.

(d) Removal of Trees.

(i) Permission. No person shall remove trees from public places without first obtaining written permission from the city forester. Permission to remove trees from private property is not required unless otherwise provided in the St. Helens Municipal Code and/or development code. It is, however, advisable and prudent in many cases.

(ii) Approval. The city forester shall issue written permission provided he/she finds that the desired action or treatment is necessary and that the proposed method and workmanship is satisfactory.

(iii) Stumps. At the discretion of the city forester all stumps of street and public trees may be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. The costs of removing stumps shall be borne by the city of St. Helens if the city is responsible for the tree removal and by others if they choose to remove a tree with the city’s permission.

(iv) Dangerous or Nuisance Trees.

(A) The city or utility may prune a private tree when it interferes with the proper spread of light along the street from a street light, interferes with the visibility of any traffic control device or sign, or interferes with the safe and continued function of overhead and underground utilities.

(B) The city or utility may cause the removal of all or part of any dead, dangerous or diseased public or street tree when the tree constitutes a hazard to life, property within the public rights-of-way or easements, or harbors insects or disease which constitutes a potential threat to other trees within the city’s rights-of-way or easements.

(C) The city or utility may remove or trim a tree described in this section or may require the property owner to remove or trim any such tree on private property directly impacting public rights-of-way or property, or in a dedicated right-of-way or utility easement abutting upon the owner’s property. Failure of the property owner to remove or trim the tree within 30 days after receiving notice by the city forester is a violation of this section; the city or utility may then remove or trim the tree and may assess the costs as a lien against the property. Normally, trees in rights-of-way that are deemed necessary to be removed will be done by the city or by others chosen by the city and at the city’s expense.

(e) Planting of Trees.

(i) Replacement. The city may require the replacement by the abutting land owner, at the land owner’s expense, of a new tree after permission has been granted for the removal of an existing street tree.

(ii) Permission.

(A) No person shall plant or set out any tree in a public place without first obtaining written permission from the city forester.

(B) Before permission is granted to plant, the applicant shall state the number of trees to be planted or set out; the location, grade, and variety of each tree; the method of planting, including the supplying of suitable soil; and such other information as the city forester shall find reasonably necessary to a fair determination of whether permission should be granted.

(iii) Spacing. The spacing of street trees shall be in accordance with the species, size, and classes listed in the official St. Helens street tree list, except in special plantings approved by the city forester.

(iv) Distance from Curb and Sidewalk. The distance the trees may be planted from curbs, or curb lines and sidewalks, shall be in accordance with the official St. Helens street tree list.

(v) Distance from Corners, Fireplugs. and Street Lights. No street trees shall be planted closer than 30 feet from any street corner, measured back from the point of the intersecting curbs or curb lines. No street trees shall be planted closer than 10 feet to any fireplug or 30 feet to any street light measured from the base of the street light. Vision clearance shall be provided as described in St. Helens’s land development and planning ordinance.

(vi) Distance from Utilities. Except with permission of the city forester, no street trees other than those species listed as in the list of acceptable species may be planted under or within 10 lateral feet of any overhead utility wire, and no street tree may be planted over or within six lateral feet of any underground water line, sewer line, transmission line or other private utility. All digging, even for planting trees, must be preceded by underground locates.

(vii) Soil. No tree shall be planted where the soil is too poor to ensure the growth of such tree unless the owner excavates a suitable hole of not less than 36 inches and replaces the material removed with suitable loam or soil.

(viii) Noxious Species. In no case shall any tree which is deemed to be a noxious species be permitted to be planted anywhere in the city or grow in a manner which damages utilities or creates any hazard to life or property.

(f) Care of Trees.

(i) Authority. The city may plant, prune, maintain and remove public and street trees, as may be necessary to ensure public safety, or to preserve or enhance the appearance of public lands. The city may remove or cause to be removed a tree or part of a tree which is in an unsafe condition, which by reason of its nature is injurious to public improvements, or is affected with any injurious fungus, insect, or pest. This section does not prohibit the planting of street trees by abutting property owners, providing that the selection, location, and planting of such trees is in accordance with the list of acceptable species, other applicable regulations, and other sections herein.

(ii) Topping. Except as provided by this subsection, it shall be unlawful as a normal practice of any person, firm or city department to top any street tree, public tree, or other tree on public property. “Topping” is defined as the severe cutting back of limbs or stubs larger than three inches in diameter within the tree crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or obstructions where other pruning practices are impractical may be exempted from this section by the determination of the city.

(iii) Clearance. The property owner adjacent to a tree overhanging a street right-of-way within the city shall prune the branches so that the branches do not obstruct the light from a street lamp or constrict the view of any street intersection. The owner shall maintain a clear space of 14 feet above the surface of the street, and eight feet above the surface of any sidewalk. The owner shall remove all dead, diseased or dangerous or broken or decayed limbs which constitute a threat to the public safety.

(iv) Cuts. All cuts above one inch in diameter must be waterproofed if current arborist practice calls for it to protect the viability of the particular tree.

(v) Disturbance. It is a violation of this section to dig in or otherwise injure or impair the natural beauty or usefulness of any public area.

(vi) Abuse. It is a violation of this section to damage, cut, carve, injure the bark, transplant or remove any tree or plants in any public place unless otherwise allowed in this section.

(vii) Mutilation. No person shall abuse, destroy, or mutilate any street tree, in a dedicated public right-of-way, or any other public place, or attach or place any rope or wire (other than one used to support the tree itself), sign, poster, handbill, or other thing to, or on, any tree growing in a public place, or to allow any gaseous liquid or solid substance which is harmful to such trees to come into contact with their roots or leaves unless otherwise allowed herein or by other regulations.

(viii) Arborist. No person or firm shall engage in the business or occupation of pruning, treating, or removing street or public trees within the city without first applying for and procuring permission from the city. Before permission is granted, an arboriculturist shall file evidence of possession of liability insurance in the minimum amounts of $100,000 for bodily injury and $300,000 property damage indemnifying the city or any person injured or damaged resulting from the pursuit of the endeavors as described in this section. Bonding and insurance are not required of city employees or utility employees in pursuit of similar services requested of them as employees of the city or the utility.

(g) Duties of Private Property Owners. In consideration of the value and benefits derived from the beauty and enjoyment of the street trees, the property owners abutting dedicated rights-of-way and utility easements shall have the responsibility, control, and shall bear the cost of maintenance and care of the street trees abutting their property, and shall regularly inspect and remove defective conditions as necessary. For example, it shall be their duty to:

(i) Trim and maintain the trees consistent with this section.

(ii) Treat any trees or plant so diseased or insect-ridden as to constitute a hazard to other trees or plant materials.

(iii) Refrain from planting any kind or type of street trees or plants which do not appear on the official street tree list.

(h) Interference with the City. No person shall prevent, delay, or interfere with the city, a utility or any of their agents, while engaging in the planting, cultivating, mulching, pruning, spraying, or removal of any street trees, public trees, or private trees as authorized by this section.

(i) Service of Orders.

(i) When the city forester shall find it necessary to order the spraying with general notice, trimming, preservation or removal of trees or plants upon private property, as authorized in this section, he/she shall serve a written order to the owner, operator, occupant, or other person responsible for its existence to correct the dangerous condition.

(ii) Method of Service. The order required in this section shall be served in no less than one of the following ways:

(A) By making personal delivery of the order to the person responsible;

(B) By leaving the order with some persons of suitable age and discretion upon the premises;

(D) By mailing a copy of the order to the last known address of the owner of the premises by certified mail; or

(E) By publishing a copy of the order in a local newspaper of official record once a week for two successive weeks.

(j) Compliance. The order required in this section shall set forth a time limit for compliance dependent upon the hazard and danger created by the violation. In case of immediate danger to persons or public property, the city forester shall have the authority to require compliance upon service of the order.

(k) Appeal.

(i) A person to whom an order under this section is directed shall have the right within 14 days of the service of such order to appeal to the tree committee, which shall review such order at its next regular meeting or special meeting called for such purpose. Unless the order is revoked or modified by the tree committee, it shall remain in full force and be obeyed by the person to whom it is directed. Appeals of the tree committee decision must be made within 14 days after the decision. No person to whom an order is directed shall fail to comply with such order within 30 days after an appeal shall have been determined.

(ii) Decisions on appeals to the tree committee can be appealed to the city council upon application and payment of a fee set by council resolution. The city council will hold a public hearing within 60 days of a proper application. The hearing will be noticed to the property owners within 100 feet of the tree and in a local newspaper no less than two weeks before the hearing.

(l) Failure to Comply. When a person to whom an order is directed fails to comply within the specified time, the city forester shall remedy the condition or contract with others for such purpose and charge the cost thereof to the person to whom the order is directed. The person remedying the condition under a contract made under this section shall be authorized to enter premises for that purpose.

(m) Special Assessment. If the cost of remedying a condition is not paid within 90 days after receipt of a statement therefor from the city recorder or designee, such costs shall be levied against the property upon which the hazard exists as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment as provided in this section. Such special assessment shall be certified by the city forester to the city recorder, shall thereupon become and be a lien upon such property, and shall be recorded in the city lien docket by the city recorder.

(n) Penalty. Any person convicted of violating any provision of this section shall be punished by a fine of not more than $250.00.

(3) Except as provided in subsection (4) of this section, no owner or person in charge of property shall allow weeds or grasses to grow on his or her property or in adjacent streets or alleys in excess of 10 inches in height. If weeds or grasses are allowed to exceed 10 inches in height, the city may cut the vegetation if the owner or person in charge of the property fails to do so or requests the city to do so and the cost shall be charged to the owner or person in charge of said property or assessed against the property. “Weeds” and “grasses” shall mean, in addition to all plants commonly known by these terms, Russian thistles, Canadian thistles, Chinese thistles, cocklebur, poison oak, poison ivy, white mustard, silver saltbush, blackberries, any noxious weed or growth, or any brush, ferns, shrubs, or grass that are, or constitute, a fire hazard, a menace to public health or safety, or are unsightly.

(4) It shall not be a violation of subsection (3) of this section for property owners to maintain native vegetation in its natural state either on their property or in common areas when required to do so pursuant to the requirements of the state law or city ordinance. Examples of such areas include jurisdictional and significant wetlands, associated buffer zones and other preservation areas set aside for conservation purposes. Nothing herein prohibits a property owner from preserving native vegetation in its natural state in excess of the requirements of state law or city ordinance, provided the owner prepares and implements a management plan for maintenance of the natural area.

(5) Weeds, grass and other noxious growth, and any obstructing or hazardous trees and shrubs as set forth in this section may be abated as provided in SHMC 8.12.220 through 8.12.260, except that it shall be the duty of the person in charge of the property to remove or abate any nuisance defined in this section within not more than 10 days from the date of the notice, and it shall be so stated in the notice. (Ord. 3223 § 1, 2018; Ord. 2993 § 2, 2006; Ord. 2816 § 1, 2000; Ord. 2565 § 1, 1989; Ord. 2526, 1987; Ord. 2146 § 9, 1976)

8.12.100 Scattering rubbish and debris.

(1) No person shall throw, dump or deposit upon any street, alley or other public place any injurious or offensive substance or any sort of rubbish, trash, debris, garbage or refuse or any substance which would mar the appearance, create a stench or detract from the cleanliness or safety of such public place, or would be likely to injure any animal, vehicle or person traveling upon such public way.

(2) No persons in charge of property shall place or deposit, upon their own property or the property of another, any material, debris, trash, waste, paper boxes, paper towels, or trimmings from any tree, shrub, grass or any other material capable of, or susceptible to, being displaced by action of wind or running water unless they make provisions to secure such materials in such a manner as to prevent such displacement.

(3) No such materials shall be placed, piled, or deposited so as to cause an unsightly appearance or condition, nor shall any such materials be placed, piled or deposited so as to provide a harboring for rats, mice or other rodents. (Ord. 2565 § 2, 1989; Ord. 2146 § 10, 1976)

8.12.110 Repealed.

Repealed by Ord. 2760. (Ord. 2146 § 11, 1976)

8.12.120 Fences.

(1) No person shall construct or maintain any barbed wire fence or allow barbed wire to remain as part of any fence, unless such wire is placed above the top of a fence, which is not less than six feet high.

(2) No person shall install, maintain or operate any electric fence within the city. (Ord. 2443, 1983; Ord. 2146 § 12, 1976)

8.12.130 Surface waters, drainage.

No person in charge of any building or structure shall suffer or permit rain water to fall from any such building or structure onto any street or sidewalk or to flow across such sidewalk or cause it to be discharged into any sanitary sewer; and every such person in charge of property shall at all times keep and maintain in a proper state of repair adequate drainpipes 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. 2146 § 13, 1976)

8.12.140 Snow and ice removal.

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

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

(2) Ice to cover or remain on a sidewalk, after the first two hours of daylight after the ice has formed. Such person shall remove ice accumulating on the sidewalk or cover the ice with sand, ashes or other suitable material to assure safe travel. (Ord. 2146 § 14, 1976)

8.12.150 Junk.

(1) Junk Definitions. The term “junk” shall include, but will not be limited to, old motor vehicle parts, old machinery, old machinery parts, old appliances and parts thereof, old iron or other metal, glass, paper, old lumber, old wood, waste material, discarded material or abandoned personal property of any nature.

(2) Keeping of Junk Prohibited. It is hereby determined and declared that the keeping of or allowing of junk to be on or remain out of doors on any public or private premises within the city, unless the same is completely enclosed within a building, is a nuisance and is unlawful. (Ord. 2565 § 3, 1989; Ord. 2146 § 15, 1976)

8.12.160 Radio and television interference.

(1) No person may operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception; provided, that the radio or television receiver interfered with is of good engineering design.

(2) This section does not apply to electrical and radio devices licensed, approved or accepted, and operated under the rules and regulations of the Federal Communications Commission. (Ord. 2146 § 16, 1976)

8.12.170 Superseded.

Superseded by Ord. 2405. (Ord. 2146 § 17, 1976)

8.12.180 Fireworks – Adoption of state fireworks laws.

Repealed by Ord. 3006. (Ord. 2760, 1997; Ord. 2146 § 18, 1976)

8.12.190 Regulating fires.

It shall be unlawful for any person, firm or corporation, without the permission of the St. Helens rural fire protection district or its authorized representative, to build an open outdoor fire upon any street or alley, or upon any lot or property of any character in the city or to permit one to be built or to permit such fire already built to continue.

(1) Definitions, Fire. The words “an open outdoor fire” as used in this section shall include any open outdoor fire within the ordinary definition and understanding of said words, and also any fire set for burning waste, debris, trash, rubbish or garbage in any outdoor trash burner or incinerator, or outdoor fireplace or barbecue pit. No provision of this chapter shall be construed as prohibiting the building of a fire, for cooking purposes, in any device designed and constructed for this purpose.

(2) Permits, Open Fires. Any person desiring to burn any material at an outdoor fire shall first secure a permit from the St. Helens rural fire protection district, permitting the burning of such material and stating the conditions under which it may be burned. The holder of such permit shall be allowed to build such outdoor fire under the conditions of such permit only. Any deviation from the provisions of the permit shall be a violation of this chapter. (Ord. 2146 § 19, 1976)

8.12.200 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 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.

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

(3) This section does not prohibit the distribution of advertising material during a parade or approved public gathering. (Ord. 2146 § 20, 1976)

8.12.210 General nuisance.

In addition to those nuisances specifically enumerated within this chapter, every other thing, substance or act which is determined by the common 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. 2146 § 21, 1976)

8.12.212 Visual clearance area.

(1) Definitions.

“Accessway” means an alley, driveway, lane, or any other surface upon which vehicular traffic may travel but does not include a parking lot, city street or a highway.

“Affected property owner” means the record owner of the real property subject to a requirement to modify the condition or placement of a visual impairment as provided in subsection (2) or (3) of this section.

“Clear vision area” has the same meaning as “visual clearance area”; see definition below.

“Height,” as used in this section, shall be measured from the top of the curb at the intersection or, where no curb exists, from the centerline grade at the intersection.

“Intersection” means a crossing of two or more streets, a street and an accessway or a street and a railroad right-of-way, regardless of angle.

“Travel lane” means that portion of the street or accessway over which the majority of vehicular travel occurs, as determined by the public works director or designee.

“Visual clearance area” is the triangular area formed by the intersection of the edges of two travel lanes and a straight line joining said travel lanes through points 30 feet (35 feet in the case of designated arterials) from their intersection measured along the edges of said travel lanes. See illustration below. The terms “visual clearance area” and “clear vision area” are synonymous and may be used interchangeably.

(2) No owner or person in charge of property, improved or unimproved, adjacent to the intersection of two streets, a street and a railroad, or a street and an accessway shall permit vehicles, hedges, plantings, fences, walls, wall structures, or other temporary or permanent visual obstructions exceeding three feet in height to remain in the visual clearance area except for utility poles or trees, provided all tree branches below eight feet in height are removed.

(3) If, in the opinion of the public works director, the crest of a hill or vertical curve conditions contribute to the obstruction of visual clearance areas at an intersection, the public works director may require further reductions in the height of hedges, plantings, fences, walls, wall structures, and other temporary or permanent visual obstructions, or elimination thereof. Notice of the decision of the public works director pursuant to this section shall be given by certified mail or personal service to the owner(s) of the affected property and by first class mail to all surrounding property owners of record within 300 lineal feet of the affected property. The decision of the public works director shall be final upon the fifteenth calendar day after mailing or personal service of the notice.

(4) A decision of the public works director pursuant to subsections (2) and (3) of this section may be appealed by an affected property owner by filing written notice of appeal within 10 calendar days of the decision to the city council, specifying the decision being appealed and the reasons for the appeal. The city council shall hear the appeal at a regularly scheduled council meeting within 30 days of receipt of the notice of appeal. Notice of the date and time of the appeal hearing shall be mailed to the owner(s) of the affected property and all surrounding property owners of record within 300 lineal feet of the boundaries of the affected property.

(5) Nuisance. Failure to maintain a visual clearance area in violation of this code is declared to be injurious and detrimental to public safety and is therefore a public nuisance and may be abated as provided in SHMC 8.12.220 through 8.12.290.

Visual Clearance Area at the Intersection of Travel Lanes

(Ord. 3133 § 1, 2010; Ord. 3113 § 1, 2009)

Article V. Abatement Procedure

8.12.220 Abatement procedures.

Violation of this chapter may be abated by summary abatement (SHMC 8.12.230), by general abatement (SHMC 8.12.250), or by citation (SHMC 8.12.260). These procedures are not exclusive, but in addition to any other remedy as provided in this code, or by law.

The council may delegate the remedy to be used for any class of nuisance. Such delegation shall be by resolution. (Ord. 2565 § 4, 1989; Ord. 2146 § 22, 1976)

8.12.230 Summary abatement.

The chief of police, or any other city official empowered under authority of law may proceed to summarily abate a health or other nuisance which unmistakably exists and from which there is imminent danger to human life or property. (Ord. 2760, 1997; Ord. 2565 § 4, 1989; Ord. 2146 § 23, 1976)

8.12.240 Special abatement.

The city code enforcement officer, the city planning administrator or any other city official empowered under authority of law may proceed to:

(1) Identify illegal notices and advertisements that are located within the city limits and within public rights-of-way; and

(2) Instruct the St. Helens public works department to remove the identified illegal notice or advertisement from the public right-of-way and to store them at the public works shop in an outdoor location for a period of no less than 30 days from time of notice sent out to the owner or installer of the notice or advertisement; and

(3) Notify the owner or installer of the illegal notices and advertisements of the city’s action and what action they can take to reclaim their property, and in those cases where the owner or installer is not readily identifiable, no notice will be sent; and

(4) Inform St. Helens public works that if the notice or advertisement is not retrieved in accordance with these procedures within 45 days after the notice is sent or after the day the property was removed from the right-of-way, whichever is later, then the public works director or designee, who shall not be liable for the conversion of property and may collect costs of removal, storage and sale or disposal, shall dispose of the property either by sending it to a solid waste disposal site or burning it in accordance with local and state laws; and

(5) Instruct the public works department that if the illegal notices or advertisements are reclaimed by the owner, installer or their representative, a per notice or advertisement handling fee as set forth in the most recent universal fee schedule adopted by council is due prior to release of the property. (Ord. 3219 § 4, 2017; Ord. 2811, 2000)

8.12.250 General abatement.

All nuisances defined herein may be abated in the manner provided by this chapter.

(1) Upon determination by the common council that a nuisance as defined in this chapter or any other ordinance of the city exists, or can reasonably be expected to come into existence within the next 30 days, the common council shall forthwith cause a notice to be posted on the premises liable for the abatement, directing the removal of such nuisance.

(2) At the time of posting, the city recorder shall cause a copy of such notice to be forwarded by certified mail, postage prepaid, to the person in charge of the property at the last known address of such person.

(3) The notice to abate shall contain:

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

(b) A direction to remove the nuisance within 30 days from the date of the notice, except that, in the case of weeds or grasses as defined in SHMC 8.12.090(3), the direction to remove or abate the nuisance shall be within not more than 10 days from the date of the notice, or for other nuisances where a specific time to remove or abate the nuisance is stated, the direction to remove or abate shall be as otherwise provided by this chapter.

(d) A statement that unless such nuisance is removed, the city will remove the nuisance and the cost of removal shall be a lien against the property.

(e) Statement that the person in charge of the property may protest the action by giving notice to the city recorder within 10 days from the date of the notice; except that such protest must be made within five days in the case of weeds, grass and other noxious growth obstructing or hazardous trees or shrubs.

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.

(4) The person posting and mailing the notice as provided herein shall, upon completion of the posting and mailing, execute and file a certificate stating the date and place of such mailing and posting.

(5) An error in the name or address of the person in charge of the property or the use of a name other than that of such person shall not make the notice void, and in such a case the posted notice shall be deemed sufficient.

(6) Within 30 days after the posting and mailing of the notice or 10 days in the case of weeds or grasses or, unless otherwise provided herein, the person in charge of the property shall remove and abate the nuisance or show that no nuisance exists.

(7) The person in charge who protests that no nuisance in fact exists shall file with the city recorder a written statement that shall specify the basis for contending that no nuisance exists.

(8) The statement shall be referred to the council as a part of council’s regular agenda at its next succeeding meeting. At the time set for the consideration of the abatement, such person 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 council. Council determination shall be required only in those cases where a written statement had been filed as provided herein.

(9) Upon council determination that a nuisance does in fact exist, the person in charge of the property shall, within 30 days after such council determination, remove or abate such nuisance; except that weeds, grass and other noxious growth and obstructing or hazardous trees or shrubs shall be abated within 10 days.

(10) If within the time fixed, as provided in this chapter, the nuisance has not been abated by the person in charge of the property, the common council shall cause the nuisance to be abated.

(11) The city recorder shall maintain an accurate record of the expense incurred by the city in abating the nuisance and shall include therein an overhead charge of five percent of the total cost for administration.

(12) The total cost, including the administrative overhead, shall thereupon be assessed to the property as hereinafter provided.

(13) A notice of the assessment shall be forwarded by registered mail, postage prepaid, to the person in charge of the property by the city recorder. The notice shall contain:

(a) The total cost, including the administrative overhead, of the abatement.

(b) A statement that if arrangements to pay the cost as indicated are not made within 30 days, the city will bring appropriate legal action and/or such costs will become a lien against the property.

(c) A statement that if the 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 within 10 days from the date of the notice.

(14) Objection to the proposed assessment, if properly filed, shall be heard and determined by the council in its regular course of business.

(15) An assessment for the cost of abatement as determined by the council shall be made by resolution of the council and shall thereupon be entered in the docket of city liens; and upon such entry being made, it shall constitute a lien upon the property from which the nuisance was removed or abated.

(16) The lien shall be collected in the same manner as liens for street improvements are collected and shall bear interest at the rate of nine percent per annum. Such interest shall commence to run 30 days after the entry of the lien in the lien docket.

(17) An error in the name of the 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. 3183 § 1, 2015; Ord. 2760, 1997; Ord. 2565 § 4, 1989; Ord. 2146 § 25, 1976)

8.12.260 Citation procedure.

Where the citation procedures for abatement have been designated by the council for any class of nuisance, the city may proceed in the following manner:

(1) When such a nuisance has come to the attention of the city, and after investigation, there is reasonable cause to believe that such a nuisance exists, any police officer is authorized to issue a citation, to compel the appearance before the municipal court, of the person so cited.

(2) A person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $500.00. (Ord. 2565 § 4, 1989; Ord. 2146 § 26, 1976)

8.12.270 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 violating this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate a nuisance. (Ord. 2565 § 4, 1989; Ord. 2146 § 27, 1976)

8.12.280 Penalties.

A person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $500.00. (Ord. 2760, 1997; Ord. 2146 § 28, 1976)

8.12.290 Inspections – Right of entry.

(1) Inspections. Any city police officer, the city code enforcement officer, planning director, building official, public works administrator, city administrator, or their authorized representatives, (hereinafter, “enforcement officer”) is hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this nuisance chapter.

(2) Right of Entry. When it may be necessary to inspect to enforce the provisions of this code, any enforcement officer having reasonable cause to believe that there exists, in a building or upon a premises, a condition which is contrary to or in violation of this nuisance code, or which otherwise makes the building or premises unsafe, dangerous or hazardous, the enforcement officer, in accordance with administrative policy, may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the enforcement officer shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the enforcement officer shall have recourse to the remedies provided by law to secure entry. (Ord. 2816 § 2, 2000)

Section 1. A new Chapter 8.14, Property Maintenance, Abandoned Buildings, providing maintenance standards and vacant or abandoned building registration requirements is hereby enacted and shall read as follows: