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Ord 1685COUNCIL BILL N0. 535 ORDINANCE N0. 1685 AN ORDINA~dCE ~~ODIFYING THE REMEDIES AGAINST NUISANCES, A~~ENDING ORDINANCE N0. 1616. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. Sections 45 through 52 of Ordinance No. 1616 (passed June 13, 1978 and filed June 14, 1978} pertaining to nuisances are replaced and amended as follows: Unenumerated Nuisances Section 45. Unenumerated Nuisances. (1} The acts, conditions or objects specifically enumerated and defined in Sections 2 to 44 are declared public nuisances; and such acts, conditions or objects may be remedied by any of the procedures set forth in this ordinance. (2} In addition. to the nuisances specifically enumerated within this ordinance, every other thing, substance or act which is determined by the Council to be injurious or detrimental to the public health, safety or welfare of the City is declared a nuisance and may be abated as provided in this ordinance. Enforcement Section 46. Cumulative Remedies. This ordinance may be enforced by (1) criminal prosecution, as provided in this ordinance and other applicable law, (2} abatement, as provided in this ordinance and other applicable law, Page 1 - COUNCIL BILL N0. 535 ORDINANCE N0. 1685 (3} an action for damages for any individual damaged by the violation, or (4} an injunction from the appropriate court against continuation or repetition of the violation. These remedies are cumulative and not intended as exclusive. Section 47. Criminal Prosecution. Any person violating this ordinance may be prosecuted and punished, upon conviction, by a fine. of up to $500.00 or imprisonment of up to 20 days, or both such fine and imprisonment. Section 48. Abatement. (1} When any police officer or other city official authorized by the Mayor, determines that a nuisance exists, such police officer or authorized official may notify the persons responsible. (2} The notice shall be given to (a) the owner of the pre~~ises on which the nuisance is alleged to exist, (b} the person in apparent possession or control of the premises, and (c} the person who caused the nuisance. Failure of notice to one person does not affect the responsibility of any other person who is notified. (3} The notice shall direct the person notified to abate the nuisance within three working days of the time the notice is sent or posted on the premises; a longer notice period may also be given. The notice shall also inform the person notified of his right to judicial review under this ordinance. Page 2 - COUNCIL BILL PdO. 535 ORDINAfJCE N0. 1585 (4) If a person is dissatisfied with the notice to abate, such person may request judicial review by making a request to the city court for judicial review. The request need not be in any particular form, except that i t must (a) be in writing, (b} identify the place and nature of the alleged nuisance, (c} specify the name and address of the person seeking judicial review, (d) identify the police officer or other city official alleging that a nuisance exists. A copy of the notice shall be delivered to the police officer or other city official alleging that a nuisance exists. (5) The judicial review shall be held on the second court day following after the request for judicial review is made. The day may be postponed by (a} agreement of the parties, or (b) order of the court for good cause. (b) The court shall promptly notify (a} the person requesting the review, and (b} the police officer or other city official alleging the existence of a nuisance. (7) At the judicial review the court shall determine, based on a preponderance of the evidence, whether a nuisnace exists. If a nuisance exists, the court shall order the responsible person to abate it within seventy-two hours, or within such longer time as the court determines, Page 3 - COUNCIL BILL P10. 535 OPDINA~~CE N0. 1685 for good cause, should be given. If the court finds there is no nuisance, it shall dismiss the matter. (8) Any person who is directed by a police officer or other authorized city official to abate a nuisance, and does not seek judicial review within the proper time thereby waives any further hearing or judicial determination of the issue. (g} If a person is directed by (a} a police officer or other authorized city official to abate a nuisance and neither requests judicial review within the proper time, nor abates the nuisance, or (b) if the person fails to abate the nuisance within seventy-two hours (or such further time allowed) when ordered to do so by the court, then (c) the police may abate the nuisance. (10) There shall be no liability to the city for the abatement unless the city acts in bad faith or causes manifestly unreasonable and unnecessary damage in the abatement. (11) In case of an apparent emergency, abatement may be made in a summary manner, without notice. In such case, however, the person aggrieved may request judicial review of the abatement. In such judicial review the abatement shall be upheld if con- ducted without violation of Section 48 (10) and if there is substantial evidence of the emergency and the nuisance at the time it was abated. Section 49. Joint Responsibility. If more than one person is responsible, they shall be jointly and several]y liable far abating the nuisance or for the costs incurred by the city in abating the nuisance. Page 4 - COUNCIL BILL N0. 535 ORDINAiJCE N0. 1685 Section 50. Abatement by the City: Expenses. The City Administrator shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include therein a charge of $10.00 or 10 percent of those expenses (which- ever is the greater) for administrative overhead. Section 51. Assessment of Costs. (1} The City Administrator by certified or registered mail, postage prepaid, shall forward to the person responsible a notice stating: (a} The total cost of abatement, including the administrative overhead. (b} That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice. (c} That if the person responsible objects to the costs of the abatement as indicated, he may file a notice of objection with the City Administrator not more than 10 days from the date of the notice. (2} Upon the expiration of 10 days after the date of the notice, the court, in the regular course of business, shall hear and determine the objections to the costs 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 determined by the court, shall be made and shall thereupon be entered in the docket of city liens; and, upon such entry being made, sha]1 constitute a lien upon the property from which the nuisance was removed or abated. Page 5 - COUNCIL BILL N0. 535 ORDINANCE N0. 1685 (4) The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the legal rate. The interest shall commence to run from the date of the entry of the lien in the lien docket. (5} An error in the name of the person responsible shall not void the assessment,, nor will a failure to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property. The city may also institute action for the recovery of said amount against the author or continuer thereof, or may pursue both remedies to recover said money expended. Section 52. Notice. ____r_r_ Any notice required in this ordinance shall be sufficient if the person to be notified is substantially apprised of the substance of the notice, not- withstanding any minor deficiencies or irregularities of form. Actual receipt of the notice is not required, as long as a good faith effort is made to deliver it. Section 53: Emergency Clause. This ordinance being necessary for the ir~nediate preservation of the public peace, health and safety, an emergency is declared to exist, anal this ordinance shall take effect .upon passage by the Council and approval by the Mayor. APPROVED: ~ ~~ E. LTER LAWS ,Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ~. ; ATTEST :,,~, ~ BARNEY O. URRIS, Recorder City of Woodburn, Oregon October 22, 1979 October 22, 1979 October 23, 1979 October 23, 1979 Page 6 - COUNCIL BILL NO. 535 ORDINANCE N0. 1685 I, BARNEY 0. BURRI5, Recorder of the City of Woodburn do hereby certify that I caused to be posted three copies of Ordinance No. 1685, one of which said copies posted in the City Hall on the bulletin board adjacent to the entrance to the Recorder's Office, in full view of the traveling public; a second one of said copies posted on the Woodburn Public Library bulletin board at 280 Garfield Street, in full view of the traveling public; a third one of said copies posted on the Community Center bulletin board at 49l N. Third Street, in full view of the traveling public; that all of said places are public places within the corporate limits of the City of Woodburn and all of said copies were posted on the t;~~ ,~. day of ~'~' ~~r. t - 1979 . ,,- .~ -~ ,~~;,~ -. Barney 0. urris, Recorder City of Woodburn, Oregon