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Ord 2338 - Defining Nuisances COUNCIL BILL NO. 2456 ORDINANCE NO. 2338 AN ORDINANCE DEFINING NUISANCES; PROVIDING FOR NUISANCE ABATEMENT; ESTABLISHING A PENALTY; REPEALING ORDINANCE 1616 AND ORDINANCE 1822; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. A. Enforcement Officer. A police officer, code enforcement officer or other city official authorized by the City Administrator to enforce this Ordinance. B. Junk. Broken, discarded, or accumulated objects, including but not limited to: appliances, building supplies, furniture, vehicles, or part of vehicles. C. Junked Vehicle. A vehicle which is damaged or defective in any of the following respects which either make the vehicle immediately inoperable or would prohibit the vehicle from being operated in a reasonably safe manner: 1 . Flat tires, missing tires, missing wheels, or missing or partially or totally disassembled tires and wheels; 2. Missing or partially or totally disassembled essential part or parts of the vehicle's drive train, including, but not limited to, engine, transmission, transaxle, drive shaft, differential, or axle; 3. Extensive exterior body damage or missing or partially or totally disassembled essential body parts, including, but not limited to, fenders, doors, engine hood, bumper or bumpers, windshield, or windows; 4. Missing or partially or totally disassembled essential interior parts, including, but not limited to, driver's seat, steering wheel, instrument panel, clutch, brake, gear shift lever; 5. Missing or partially or totally disassembled parts essential to the starting or running of the vehicle under its own power, including, but not limited to, starter, generator or alternator, battery, distributor, gas tank, carburetor or fuel injection system, spark plugs, or radiator; Page 1 - Council Bill No. 2456 Ordinance No. 2338 ~. '. 6. The interior is being used as a container for metal, glass, paper, rags or other cloth, wood, auto parts, machinery, waste or discarded materials in such quantity, quality and arrangement that a driver cannot be properly seated in the vehicle; 7. The vehicle is lying on the ground (upside down, on its side, or at other extreme angle), sitting on block or suspended in the air by any other method; 8. The vehicle is located in an environment which includes, but is not limited to, vegetation that has grown up around, in or through the vehicle, the collection of pools of water in the vehicle, and the accumulation of other garbage or debris around the vehicle. D. Owner. The owner of record, based on the Marion County's most recent taxation and assessment roll, of the property on which the alleged public nuisance exists at the time of the violation. E. Person. Any natural person, firm, partnership, association or corporation F. Person in Charge of Property. An owner, agent, occupant, lessee, tenant, manager, contract purchaser, bailee or other person having possession or control of property or the supervision of any construction project. G. Responsible Party. The person responsible for abating, curing or remedying a nuisance shall include: 1 . The owner, 2. A person in charge of property, 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property that constitutes a nuisance as defined in this Ordinance or another Ordinance of this city. H. Vehicle. Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means. Page 2 - Council Bill No. 2456 Ordinance No. 2338 r " '~_'_~"""""""-"'_"~"'_";_~'e"'>_...._____.",~~..,..''''~__'.''___ Section 2. Declaration of Public Nuisances. The acts, omissions, conditions or objects specifically enumerated in this Ordinance are hereby declared to be public nuisances and may be abated as provided in this Ordinance. In addition to the nuisances specifically enumerated in this Ordinance, every other thing, substance or act determined by the City Council to be offensive, harmful or detrimental to the public health, safety or welfare of the city is declared to be a public nuisance. Section 3. Nuisances Affectina the Public Health. No person or responsible party shall cause or permit a nuisance affecting the public health. The following are declared to be nuisances affecting the public health: A. Cesspools. Cesspools or septic tanks that are in an unsanitary condition or which cause an offensive odor. B. Dead Animals. Any carcass or carcass part of any fowl or animal. C. Garbage. As used in this subsection the term "garbage" means an accumulation of decomposed animal or vegetable matter, debris, rubbish, trash, filth, or refuse except: 1. Yard cuttings, other than grass clippings, may be accumulated on property owned or leased by the person for burning at the first available burn season. The accumulations shall meet the size and location requirements of the fire code. 2. Composting, but only if it is maintained in a way that does not attract vermin, and does not produce an offensive odor. D. Odor. Premises that are in such a state or condition as to cause an offensive odor detectable at the property line. E. Privies and Outdoor Toilet Facilities. Any privy or outdoor toilet facility, except a properly functioning portable toilet as that term is defined by the Oregon Department of Environmental Quality. F. Rodent Attractinq Condition. Any condition outside a building or structure which attracts or is likely to attract, feed or harbor rodents. G. stagnant Water. stagnant water that affords a breeding place for mosquitoes and insect pests. H. Surface Drainaqe. Drainage of liquid wastes from private premises. Page 3 - Council Bill No. 2456 Ordinance No. 2338 ,. ,.,_." _.....'__.,_._.,___.~_.~,_.._.'h..__.__~~,,,.,.,,_.........,,,,""...._"~....,.~~-,.__.........~~~'~"..... I. Water Pollution. Any sewage, industrial waste or other substances placed in or near a body of water, well, spring, stream or drainage ditch in a way that may cause harmful material to pollute the water. Section 4. Nuisances Affectino the Public Safety. No person or responsible party shall cause or permit a nuisance affecting the public safety. The following are declared to be nuisances affecting the public safety: A. Razor and Electric Fences. A fence constructed of materials that could cause bodily harm, including, but not limited to, those conveying electric current, razor wire, spikes and broken glass. B. Dangerous Trees. A standing dead or decaying tree that is in danger of falling or otherwise constitutes a hazard to the public or to any persons or property within the public right- of-way. c. Hazardous Vegetation. Vegetation that reasonably constitutes a health hazard, fire hazard or traffic hazard. D. Holes. A well, cistern, cesspool, excavation or other hole of a depth of four feet or more and a top width of 12 inches or more, unless it is covered or fenced with suitable protective construction. E. Obstructions. Earth, rock and other debris and other objects that may obstruct or render the street or sidewalk unsafe for its intended use. F. Snow and Ice. Snow or ice remaining on a sidewalk abutting the property of the owner or person in charge of property for longer than the first two hours of daylight after cessation of the snowfall or formation of the ice, unless covered with sand or other suitable material to assure safe travel. Section 5. Noxious Veaetation. A. The term "noxious vegetation" means: 1. Weeds more than ten inches high; 2. Grass more than ten inches high; 3. Poison oak, poison ivy, or similar vegetation; 4. Berry vines and bushes that extend into a public right-of-way. Page 4 - Council Bill No. 2456 Ordinance No. 2338 B. Between May 1 and September 30 of any year, no owner or responsible party shall allow noxious vegetation to be on the property or in the right-of-way of a public thoroughfare abutting on the property. The owner or responsible party shall cut down or destroy grass, shrubbery, brush, bushes, weeds or other noxious vegetation as often as needed to prevent them from becoming unsightly or, in the case of weeds or other noxious vegetation, from maturing or from going to seed. C. The term "noxious vegetation" does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard or a fire or traffic hazard. Section 6. Attractive Nuisances. No person or responsible party shall permit on property: A. Unguarded machinery, equipment or other devices which are attractive, dangerous, and accessible to children. B. Lumber, logs, building material or piling placed or stored in a manner so as to be attractive, dangerous, and accessible to children. C. An open pit, quarry, cistern or other excavation without safeguards or barriers to prevent such places from being used by children D. A container with a compartment of more then one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside which is accessible to children. This section shall not apply to authorized construction projects conducted pursuant to applicable laws with reasonable safeguards to prevent injury or death to playing children. Section 7. Junked Vehicle Nuisances. A. Junked vehicles are hereby found to create a condition tending to reduce the value of property, to promote blight and deterioration, and invite plundering and vandalism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minor, to create a harborage for rodents and insects, and to be injurious to the health, safety, and general welfare. Page 5 - Council Bill No. 2456 Ordinance No. 2338 .... ."..... ...",.",.,_.__".._..._,~" ,._-_.~"___^~_;______,~~,..__".,,. I B. No person or responsible party shall park or in any other manner place and leave unattended on public property, a junked vehicle for more than forty-eight (48) continuous hours, even if the owner or operator of the vehicle did not intend to permanently desert or forsake the vehicle C. No person or responsible party shall park, store, keep or maintain on private property a junked vehicle for more than thirty (30) days. D. It shall be permissible to keep or permit the keeping of a junked vehicle within the city if the junked vehicle is completely enclosed within a building or is kept in connection with a licensed and legally zoned junkyard or automobile wrecking yard. Section 8. aDen Storace of Junk. No person or responsible party shall deposit, store, maintain or keep any junk on real property, except in a fully enclosed storage facility, building or garbage receptacle. This section shall not apply to material kept by a licensed and legally zoned junkyard or automobile wrecking yard. Section 9. Scatterinc Rubbish. No person or responsible party shall deposit upon public or private property any kind of rubbish, trash, debris, refuse, or any substance that would mar the appearance of the property, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to cause injury to a person or animal. Section 10. Garbace and Debris - DisDosition. A person in charge of property shall dispose of perishable garbage before it becomes offensive promptly, but in any event at least bi-weekly; and not permit garbage to accumulate on or about the premises. All garbage shall be disposed of in a manner which does not create a nuisance and which is permitted by this chapter. Garbage may be disposed of by hauling or causing it to be hauled to a garbage dump. Section 11. Garbaae Cans and Containers. A. A person in charge of property where garbage accumulates shall keep or cause to be kept on the premises one or more portable containers of a standard type suitable for deposit of garbage and shall deposit or cause to be deposited in the containers all garbage that accumulates on the premises. B. Garbage containers shall be sturdy, watertight, not easily corrodible, rodent-and-insect-proof, and have handles at the sides and tightly fitting lids. When not being emptied or filled, the container shall be kept tightly closed and out of the city right-of-way. They shall be conveniently accessible to Page 6 - Council Bill No. 2456 Ordinance No. 2338 ,... ~ ..,_,_..._........,.._..,~~_._."..",._...___.__.~__..,~'"_..,,~,'w.__ ~.............~~~__'".,~._...,~__'__..... garbage haulers. Within 24 hours of garbage collection the person in charge of property shall remove all garbage containers from the collection point and place them either next to the side of the main dwelling unit or in a location out of the view of public or adjacent property. Residents whose point of collection is from an alley need not remove the container from the point of collection. Section 12. Abatement Notice. Whenever a nuisance is found to exist within the corporate limits of the city and the enforcement officer elects to proceed by abatement, the enforcement officer shall give written notice, by a type of mail that requires a signed receipt, to the occupant of the property upon which the nuisance exists or upon the person causing or maintaining the nuisance. If the occupant is not the owner of the property, the same notice shall be sent, by a type of mail that requires a signed receipt, to the owner. Section 13. Abatement. Upon receipt of the notice that a nuisance exists, the responsible party shall have seven days to abate the nuisance. Section 14. Notice Reauirements. The notice to abate a nuisance shall contain the following: A. An order to abate the nuisance within seven days; B. The location of the nuisance, if the same is stationary; C. A description of what constitutes the nuisance; D. A statement that if the nuisance is not abated within the prescribed time, the city will abate such nuisance and assess the cost thereof against the property. E. A statement that a person who is dissatisfied with the abatement notice has the right to judicial review under this Ordinance. Section 15. Reauestfor Judicial Review. An responsible party may object to the action intended by the city by filing a written request for judicial review in the Woodburn Municipal Court within five days of the date that the notice to abate was mailed. Section 16. Reauirements for Reauest. The request for judicial review need not be in any particular form, but should substantially comply with the following requirements: A. Be in writing; Page 7 - Council Bill No. 2456 Ordinance No. 2338 r....-......-.......-.... ,---~--~,.,_.,-,.~.,-,-_-.-~..~,-,---~---.--.--..-...-"----~..._~..~~-'- 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 enforcement officer alleging that a nuisance exists. A copy of the notice shall be served on the enforcement officer Section 17. Schedulino of Judicial Review. A. The judicial review hearing shall be held within ten (10) days after the request for judicial review is made. The day may be postponed by: 1 . Agreement of the parties; or 2. Order of the court for good cause. B. The court shall promptly notify: 1 . The person requesting the review; and 2. The enforcement officer. Section 18. Judicial Review Hearina. At the judicial review hearing the city and any interested parties shall have the right to present evidence and witnesses and to be represented by legal counsel at their own expense. After due consideration of pertinent information and testimony, the court shall make its finding. The findings shall be based on substantial evidence relative to the criteria outlined in this Ordinance and shall be final. Section 19. Notification of Violation. The responsible party shall be notified by a type of mail that requires a signed receipt postmarked no later than five days after the findings are entered by the court by personal delivery by a representative of the city. Upon notification of violation, the responsible party will have seven days to abate the nuisance. Section 20. Abatement by City. Upon the failure of the responsible party to abate the nuisance pursuant to the provisions of this Ordinance, the enforcement officer shall proceed to abate such nuisance. Page 8 - Council Bill No. 2456 Ordinance No. 2338 _. ....... ,.".w .~,.."."____~~".,, _,_.,~,,""_~"'_"'_'_'-~__"'W'~""_"""'~._'W'_'''.' ~.._~ . Section 21. Abatement bv City: Expenses. The enforcement officer shall keep an accurate record of the expenses incurred by the city in physically abating the nuisance which shall include an additional administrative fee in the amount provided by the current Master Fee Schedule of the city. Section 22. Assessment of Costs. A. The enforcement officer, by certified or registered mail, postage prepaid, shall forward to the responsible party a notice stating: 1. The total cost of abatement, including the administrative overhead; 2. 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. B. Upon the expiration of 10 days after the date of the notice, the court, in the regular course of business, shall near and determine the objections to the costs assessed. C. 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, shall constitute a lien upon the property from which the nuisance was removed or abated. D. 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. E. 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. Section 23. Summary Abatement. In addition to the abatement procedure provided by this Ordinance, the city may, in accordance with the law, proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers the environment, human life, health or property. Section 24. Notice. Any notice required in this Ordinance shall be sufficient if the person to be notified is substantially apprised of the substance of the notice, notwithstanding any minor deficiencies or irregularities of form. Page 9 - Council Bill No. 2456 Ordinance No. 2338 , '~"'_'w'_'''-'''-''''-'''_ .__~..~ -_."~~",",,~ ".,.,~..._.._,,~"-,.~...-..-...-..~.._,-,"....._.,..~ Actual receipt of the notice is not required, as long as a good faith effort is made to deliver it. Section 25. ~orcement. A. Inspection and Riqht of Entry. When necessary to investigate a suspected violation of this Ordinance, the enforcement officer may enter on any site or into any structure open to the public for the purpose of investigation, provided entry is done in accordance with law. Absent a search warrant, no site or structure that is closed to the public shall be entered without the consent of the owner or occupant. B. Civil Infraction. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class I Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. C. Civil Proceedinq Initiated bY City Attorney. The City Attorney, after obtaining authorization from the City Council, may initiate a civil proceeding on behalf of the city to enforce the provisions of this Ordinance. This civil proceeding may include, but is not limited to, injunction, mandamus, abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin or abate any violations of this Ordinance. Section 26. Separate Offenses. Each day during which a violation of this Ordinance continues shall constitute a separate offense for which a separate penalty may be imposed.. Section 27. Effect of Abatement. The abatement of a nuisance is not a penalty for violating this Ordinance, but is an additional remedy. The imposition of a penalty assessment does not relieve a person of the duty to abate the nuisance. Section 28. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 29. Repeal. Ordinance 1 616 and Ordinance 1822 are hereby repealed. Section 30. Savina Clause. Notwithstanding the repeal of Ordinance 1616 and Ordinance 1822, Ordinance 1616 and Ordinance 1822 shall remain in force for the purpose of authorizing the prosecution of a person who violated Ordinance 1616 or Ordinance 1822 prior to the effective date of this Ordinance. Page 10- Council Bill No. 2456 Ordinance No. 2338 ,,'_'.~_'-""_'__"""""""_"""_ "._..___..~. J Section 31. Emeraency Clause. This Ordinance being necessary for the immediate preservation of the public peace, health and safety so that its provisions relevant to Noxious Vegetation can be enforced immediately during the spring and summer months, an emergency is declared to exist and this Ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. APprovedastotorm:~'~ ~ 6~ 4 - 200 ~ /~-) City Attorney Approv Passed by the Council Submitted to the Mayor Approved by the Mayor June 9, 2003 June 11. 2003 June 11, 2003 Filed in the Office of the Recorder June 11, 2003 ATTEST: fYI ~ Mary T~nt City Recorder City of Woodburn, Oregon Page 11 - Council Bill No. 2456 Ordinance No. 2338 r"