Ord 1822COUNCIL BILL NO, 121
ORDINANCE NO, 1822
AN ORDINANCE PROVIDING FOR THE CONTROL AND REMOVAL OF OBNOXIOUS VEGETATION,
REPEALING SECTION 18 OF ORDINAP~CE N0. 1616 (AS AMENDED} AND DECLARING AN
EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1, General Definitions.
(1) Person. A nature person, firm, partnership, association or
corporation,
(2) Person in charge of property. An agent, occupant, lessee,
contract purchaser or other person having possession or control of property
or the supervision of any construction project..
(3) Person responsible, The person responsible for abating an
obnoxious vegetation shall include:
(~) The owner.
(b) The person in charge of property, as defined in
subsection (2}.
Section 2, Definition of obnoxious ve etation,
(1} The term o noxious vegetation' oes not include vegetation
that constitutes an agricultural crop, unless the vegetation is a health
hazard or a fire or traffic hazard within the meaning of subsection (2)
of this section,
(2) The term "obnoxious vegetation" does include at any time
between May 1 and September 30 of any year:
(a) Weeds more than ten (10) inches high,
(b) Grass more than ten (10) inches high and not within
the exception stated in subsection (1) of this section,
(c) Poison oak,
(d) Poison ivy,
(e) Blackberry bushes that extend into a public thoroughfare
or across a property line,
(f) Vegetation that is:
(i) A health hazard;
(ii} Afire hazard because it is near other combustibles, or
(iii) A traffic hazard because it impairs the view of a
public thoroughfare or otherwise makes use of the
thoroughfare hazardous.,
(3) Between May 1 and September 30 of any year, no owner or person
in charge of property may a]low obnoxious vegetation to be on the property or
in the right-of-way of a public thoroughfare abutting the property. It shall
be the duty of an owner or person in charge of property to cut down or to destroy
grass, shrubbery, brush, bushes, weeds or other obnoxious vegetation as often as
needed to prevent them from becoming unsightly, from becoming a fire hazard, or,
in the case of weeds or ether obnoxious vegetation, from maturing or from going
to seed.
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ORDINANCE N0. 1822
Section 3. Notice of Violation. If any person who owns, or is in
charge of, property within the city of Woodburn shall fail or neglect to remove
obnoxious vegetation from that property, as herein above required, the City
Administrator or his designee shall serve upon said persona written notice to
remove the obnoxious vegetation within ten (10} days or the City will cause the
same to be done and charge the cost thereof as alien against the property.
Such notice shall be served upon said person if he be found upon said premises
or within the city of Woodburn; in case said person cannot be found within the
city after a reasonable diligence and inquiry, such notice shall be posted in
a conspicuous place upon said premises and a copy thereof mailed by certified
mail, return receipt requested, to the last known address of said person.
Section 4. Abatement b Cit . If any person who owns, or is in charge
of property within the c y o~Woo urn shall fail or neglect to destroy obnox-
ious vegetation within ten (10} days after notice is given, the City Administrator
or his designee may go upon said property with such assistance as he may deem
necessary and destroy and eradicate said obnoxious vegetation in such manner as
shall be most effective in hips judgment.
Section 5. Abatement Fees, The following fees shall be required by
the City for the abatement f~~noxious vegetation:
First hour $100.00
Each additional hour
or fraction thereof $ 50.00
Section 6. State of fees and d ortunit to be heard. Upon completion
of the abatement process, t e City dminlstrator s a fie with the City Council
a statement of the costs thereof, After a reasonable opportunity to be heard in
objection thereto, the Council shall then, by resolution, declare the correctness
of said statement and declare the same to be a lien upon the property involved,
to be entered in the ]ien docket and enforced against said property.
Section 7. Severabili~. The sections and subsection of this ordi-
nance are severable. The in lid~ty of any section or subsection shall not affect
the validity of the remaining sections and subsections.
Section 8. Re eal. Section 18, Ordinance No. 1616 (as amended)
is hereby repealed.
Section 9. This ordinance being necessary for the immediate preserve=
tion of the public peace, health and safety, an emergency is declared to exist
and this ordinance shall take effect immediately upon passage by the Council
and approval by the Mayor.
A roved as to f rm: !' ` ~' `~
pp o ~ 3
City Attorney Date
APPROVED • ~~~~~ ' ''~---.
WILL AM J, COST N , OR
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ORDINANCE N0. 1822
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
_.
ATTEST: L. G ; ,~. ~~ ~ , f.
BARNEY 0. URR S, Recor er
City of Woodburn, Oregon
June 27, 1983
June 28, 1983
June 28, 1983
June 28, 1983
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ORDINANCE N0. 1822