Res 1959 - Graffiti NuisanceCOUNCIL BILL NO. 2815
RESOLUTION NO. 1959
A RESOLUTION FINDING THAT THE PROPERTY LOCATED AT 1059 N. FRONT STREET,
WOODBURN, OREGON CONSTITUTES A GRAFFITI NUISANCE PROPERTY AND
AUTHORIZING THE WOODBURN POLICE CHIEF TO ABATE SAID NUISANCE.
WHEREAS, on March 8, 2010 at 7:00 p.m. the City Council held a hearing to
determine whether the property located at 1059 N Front Street, Woodburn, is a
graffiti nuisance property as defined under Woodburn General Ordinance No.
2173; and
WHEREAS, the City Recorder sent notice of the hearing and the opportunity
to be heard to the property owner and the apparent mortgage holder; and
WHEREAS, the Council heard testimony and received evidence at the
hearing regarding the property; and
WHEREAS, the City Council finds that the property has significant and
pervasive graffiti on multiple sides of the exterior of the residence and separate
garage located on the property; and
WHEREAS, the City Council finds the graffiti is clearly visible from the public
right of way; and
WHEREAS, the City Council finds that the Woodburn Police Department
made multiple attempts to gain compliance from owner and mortgage holder
and has given notice to the owner and mortgage holder to abate the graffiti
within 10 business days; and
WHEREAS, the City Council finds that no abatement occurred within the
noticed timeframe, the graffiti has increased over the last several months, and
that the structures are unsecure allowing individuals to enter therein; and
WHEREAS, the City Council finds that the property owner has failed to prove
good cause for failure to abate the nuisance within the noticed timeframe; and
WHEREAS, the City Council finds by a preponderance of the evidence that
the property is a graffiti nuisance property; and
WHEREAS, the City Council finds that the significant graffiti and unsecure
nature make the property a risk to the public health and safety; NOW, THEREFORE,
Page 1 - COUNCIL BILL NO. 2815
RESOLUTION NO. 1959
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Chief of Police shall abate the graffiti property nuisance
located at 1059 N Front Street, Woodburn, in a manner the Chief deems most
appropriate and cost effective for abatement.
Section 2. The Chief of Police shall make the buildings of said property
secure in a manner the Chief deems necessary to prevent access into the
structures by unauthorized individuals and to protect the public health and safety.
Section 3. The Chief of Police shall bill the property owner for the cost of
graffiti abatement and making the property secure. An administrative fee, as
provided in the current Master Fee Schedule, shall be included to cover the costs
of administering the abatement.
Section 4. The Chief of Police shall give the property owner 30 days to pay
the entire costs of abatement from the date of billing notice.
Section 5. If the costs of abatement are not paid within 30 days of billing
notice, the Chief shall notify the City Administrator. The City Administrator shall
then see that an assessment of the cost is made and thereupon is entered in the
docket of city liens.
Section 6. The lien shall be against the above referenced property and
shall be enforced in the same manner as street improvements are enforced. Said
lien shall bear interest at the legal rate and interest shall commence to run from
the date of the entry of the lien in the lien docket.
Approved as to form:
City Attorney
Approve .
hryn Figl
Passed by the Counci
Submitted to the Mayor
Approved by the Mayor
Filed in the Offif,-eiof the Recorder
ATTEST:
C-hristina Shear Ci Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2815
RESOLUTION NO. 1959
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