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Ord 2136 - Chronic Nuisance Prop COUNCJ:L BJ:LL 11'0. 1591 ORDJ:NAIl'CE 11'0. 2136 All' ORDJ:NAIl'CE DEPJ:NJ:NG CKRONJ:C Il'11J:SAIl'CE PROPERTY, ESTABLJ:SHJ:NG CERTAJ:N REGULATJ:ONS THEREOP, AND DECLARJ:NG All' EMERGENCY. WHEREAS, because of chronic unlawful activity on them, certain properties within the City of Woodburn can create unreasonable disruptions to the neighborhoods where the properties are located; and WHEREAS, as a result of this activity upon these properties they become chronic nuisances to surrounding property owners and degrade neighborhoods; and WHEREAS, existing state criminal statutes and city ordinances are inadequate to address, control, or remedy the denigration that results from the chronic unlawful activity occurring on these properties; and WHEREAS, civil regulation of these properties will provide a remedy to the problems caused by these chronic behaviors and will promote and protect the pUblic health, safety and welfare; and WHEREAS, the City has authority by virtue of its legislative and home rule authority to regulate both the conduct and the structures that are the locales of this conduct; NOW, THEREFORE, THE CJ:TY OP WOODBURN ORDAJ:Il'S AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "Chronic Nuisance Property Ordinance." Section 2. J:ncorDoration ot State Statute. Any reference to state statute incorporated into this ordinance refers to the statute in effect on the effective date of this ordinance. Section 3. Definitions. fOllowing definitions apply. (A) "Chief of Police" means the Chief of the Woodburn Police Department or his or her designee. As used in this ordinance, the (B) "City Administrator" means the city Administrator of the city of Woodburn or his or her designee. (C) three or behaviors occupants "Chronic Nuisance Property" means property upon which more distinct occurrences of any of the below listed occur , or whose patrons, employees, residents, owners or engage in three or more of the below listed behaviors Page 1 - Council Bill No. 1591 Ordinance No. 2136 -'^"-~'-"'-'-"-~-"''''-'' ....,--...". -~---._---- within 400 feet of the property followiRg ag~8 O~ beha.ier& during any 60 day period: (1) Criminal homicide as defined in ORS 163.005 or any type of attempted criminal homicide; (2) Rape in the First Degree as defined in ORS 163.375; (3) Menacing as defined in ORS 163.190; (4) Intimidation as defined 166.165; in ORS 166.155 to ORS (5) Harassment as defined in ORS 166.065; (6) Disorderly Conduct as defined in ORS 166.025; (7) Discharge of Weapons as defined in Section 5, Woodburn City Ordinance 1900; (8) Unnecessary Noise as defined in Section 3, Woodburn city Ordinance 1900; (9) Drinking in PUblic Places as defined in Section 1, Woodburn City Ordinance 1900; (10) Minor in Possession of Alcohol as defined in ORS 471.430; (11) Assault 163.175, as defined in or 163.185; ORS 163.160, 163.165, (12) Sexual Abuse as defined in ORS 163.415 to ORS 163.427; (13) Public Indecency as defined in ORS 163.465; (14) Public Indecency as defined in Section 2, Woodburn City Ordinance 1900; (15) Criminal Trespass as defined in ORS 164.245; (16) Criminal Mischief as defined in ORS 164.345 to ORS 164.365 (17) Unlawful Use of a Weapon as defined in ORS 166.220. (D) "Owner" means the person or persons having legal or equitable title to the property. Page 2 - Council Bill No. 1591 Ordinance No. 2136 - -..____.,_. ~____.~.o_ '_~""'_"'_.__ .,_____~_ ~~--_. (E) "Property" means any real property including land and that which is affixed, incidental or appurtenant to land, including but not limited to any premises, room. apartment, house, building or structure or any separate part or portion thereof, whether permanent or not. (F) "Responsible party" includes each of the fOllowing: (1) The owner of the property, or agent or other person in on behalf of the owner; or or the owner's manager control of the property (2) The person occupying the bailee, lessee, tenant or possession. property, including a other person having Section 4. Chronic Nuisance PrODertv. (A) The acts or omissions described herein are hereby declared to be public nuisances of the sort that commonly recur in relation to a given property, thereby requiring the remedies set out in this ordinance. (B) Any property within the City of Woodburn which becomes chronic nuisance property is in violation of this ordinance and subject to its remedies. (C) Any person who is a responsible party for property which becomes a chronic nuisance property shall be in violation of this ordinance and subject to its remedies. Section s. Prefilincr Notification Procedure. After two occurrences of any of the acts or behaviors listed in Section 3(C) of this ordinance within a 60-day period, the Chief of Police shall provide notification via certified mail, stating the times and places of the alleged occurrences and the potential liability for violation of this ordinance, to all responsible parties for the property. Responsible parties for a given property shall be presumed from the following: (A) The owner and the owner's agent, as shown on the tax rolls of Marion County. (B) The resident of the property, as shown on the records of the city of Woodburn water Department. Section 6. ComDliance Acrreement with ResDonsible Parties. (A) After providing notification to all responsible parties as provided in Section 5 above, the Chief of Police has the Page 3 - Council Bill No. 1591 Ordinance No. 2136 .. "_.... -~.. _.."_.....~... ".. ,...-.." ,-. --"-"--,., .--- -_..__.~ authority to obtain, on behalf of the city, voluntary agreements to comply with the provisions of this ordinance. Such compliance agreements shall be in written form and signed by all responsible parties. The Chief of Police shall sign said agreements on behalf of the city and provide copies thereof to the city Administrator. (B) In proposing and signing compliance agreements under this section, the Chief of Police shall consider the criteria outlined in Section 9 (B) below. (C) This Section is strictly remedial in nature and shall not be interpreted to limit in any manner the authority of the city to commence an action against any responsible party for a violation of this ordinance, as provided below. Section 7. Commencement of Actions: Summon and ComD1aint. (A) Except as otherwise noted, the procedures to be used in processing an infraction under this ordinance are contained in Ordinance 1998, the Civil Infraction Ordinance. (B) Subject to the limitations of Ordinance 1998, a default judgment may be entered against a respondent who fails to appear at the scheduled hearing. Upon such judgment, the court may prescribe the remedies described in the ordinance. Section 8. Remedies. (A) Upon finding that the respondent has violated this ordinance, the court may: (1) Require that the closed and secured for a period of not 180 days; and/or chronic nuisance property be against all use and occupancy less than 30, but not more than (2) Assess a civil infraction penalty not to exceed $500.00; and/or (3) Employ any other remedy deemed by the court to be appropriate to abate the nuisance. (B) In lieu of closure of the property pursuant to Subsection (A) of this section, the respondent may file a bond acceptable to the court. Such bond shall be in an amount of at least $500 and shall be conditioned upon the non-recurrence of any of the acts or behaviors listed at Section 3(C) of this ordinance for a period of one year after the judgment. Acceptance of the bond described herein is further subject to the court's satisfaction of the respondent's good faith commitment to abatement of the nuisance. Page 4 - Council Bill No. 1591 Ordinance No. 2136 ..-.- -.., ~--"'.--"'-~-'~-""'"''---''' Section ,. Derenses: Mitiqation or civil Penalty. (A) It is a defense to an action brought pursuant to this ordinance that the responsible party at the time in question could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the finding that the property is chronic property. However it is no defense under this subsection that the party was not at the property at the time of the incidents leading to the chronic nuisance situation. (B) In implementing the remedies described in this ordinance, the court may consider any of the following factors, as they may be appropriate, and shall cite those found applicable: (1) The actions taken by the owner(s) to mitigate or correct the problem at the property; (2) Whether the problem at the property was repeated or continuous; (3) The magnitude or gravity of the problem; (4) The cooperativeness of the owner(s) with the City in remedying the problem; (5) The cost to the City of investigating and correcting or attempting to correct the condition; (6) Any other factor deemed by the court to be relevant. Section 10. Closure Durinq Pendency or Action: Emerqencv Closures. In addition to any other remedy available to the City under this ordinance, in the event that the City Administrator finds that a property constitutes an immediate threat to the public safety and welfare, the City may apply to any court of competent jurisdiction for such interim relief as is deemed to be appropriate. Section 11. Penalty. Enforcement of Closure Order: Costs: Ci vi! (A) The court may authorize the City to physically secure the property against use or occupancy in the event that the owner(s) fail to do so within the time specified by the court. (B) The court may assess on the property owner the following costs incurred by the City in effecting a closure of property: Page 5 - Council Bill No. 1591 Ordinance No. 2136 ...._. -. . >_. ...._-"..__.~-~..._^'..__.~~._--,,-".,_._.__._.._-- ( (1) Costs incurred in actually physically securing the property against use; (2) Police department investigative costs; (3) Administrative costs and attorneys fees in bringing the action for violation of this ordinance. (C) The city Administrator may, within 14 days of written decision by the court, submit a signed and detailed statement of costs to the court for its review. If no objection to the statement is made within the period prescribed by Oregon Rule of civil Procedure 67, a copy of the statement, including a legal description of the property shall be forwarded to the office of the City Recorder who thereafter shall enter the same in the City's lien docket. (D) Persons assessed the costs of closure penalty pursuant to this ordinance shall be jointly liable for the payment thereof to the City. Section 12. Attorney Fees. In any action brought pursuant to this ordinance, the court may, in its discretion, award reasonable attorneys fees to the prevailing party. and{ or ci viI and severally Section 13. Severability. If any provision of this ordinance, or its application to any person or circumstance, is held to be invalid for any reason, the remainder of the ordinance, or the application of its provisions to other persons or circumstances, shall not in any way be affected. Section 14. Nonexclusive RemedY. The remedy described in this ordinance shall not be the exclusive remedy of the City for the acts and behaviors described in Section 3(C). Section 15. Emerqency Clause. Because the City Council finds that repeated disruptive behavior on certain properties is causing a threat to public health, safety and welfare, and that such behavior requires an immediate response, said Council hereby declares that an emergency exists and that this ordinance shall be effective upon passage. Approved as to fOr:V YVlcr ;)-f:~ City Attorney 11/2-Z/9+ , 'Date APPROVED: Passed by the Council Len Kelley, Mayor November 28, 1994 Page 6 - Council Bill No. 1591 Ordinance No. 2136 ,.._. -_.. ._-,..__~........,.____," ._ "M N... _. ~~...--..-..__.__"___.,..__,~...__, Submitted to the Mayor November 29. 1994 Returned to the Council by the Mayor December 2. 1994 Passed by unanimous consent of Council December 12. 1994 Approved by the Mayor December 14. 1994 Filed in the office of the Recorder December 14. 1994 Approved: ./~ ~ Nancy A':7nrks~' ",,/ ATTEST:k-7~~- Mary e nt, City Recorder City of Woodburn, Oregon Page 7 - Council Bill No. 1591 Ordinance No. 2136