Chapter 8.08
WEED ABATEMENT*

Sections:

8.08.010  Nuisance described--Offense punishable.

8.08.020  Notice--Proceedings.

8.08.030  Assessment of costs.

8.08.040  Penalty.

* For statutory provisions concerning weed control, see ORS Ch. 570; for the statutory provisions regarding nuisances, see ORS 221.915; for the provisions regarding actions and suits for nuisances, see ORS 105.505--105.520; for the Charter provisions concerning nuisances, see City Charter Art. VII §4.

8.08.010   Nuisance described--Offense punishable.

A.  It is unlawful and a public nuisance for any owner or occupant of real property in Central Point to allow grass, weeds, brush or bushes or any like vegetation over a height of ten inches to remain upon such real property during the period between May 15th and October 15th of any calendar year; provided, that this shall not apply to ornamental shrubs, bushes or other like vegetation maintained and kept in a landscaped yard or place, or any crop grown and maintained for agricultural purposes or grass or other like vegetation grown and maintained for pasturage upon property fenced, zoned and otherwise lawfully used for said purpose.

B.  Each day during which such condition is unlawfully permitted to exist after notice has been given in the manner prescribed by this chapter is a separate offense punishable in the manner prescribed by this chapter; provided, that the condition shall be deemed a nuisance and, in addition to the foregoing remedy, may be abated by the city in the manner hereinafter prescribed, and the cost of abatement assessed as a lien against the property, and subject to foreclosure in the same manner and to the same effect as in the case of special benefit assessment liens.  (Ord. 1420 §1, 1981; Ord. 1071 §1, 1972).

8.08.020   Notice--Proceedings.

A.  On or about April 20th of each year, the city administrator shall cause to be published in a newspaper of general circulation within the city a public notice that conditions described in Section 8.08.010 constitute a public nuisance and directing that all growth which would constitute such a nuisance be cut or removed within fifteen days from the date of publication of the notice.

B.  Whenever a condition prohibited by Section 8.08.010 is found to exist, the officer designated by the city administrator may give notice to the owners and occupants of the property by causing the same to be sent by mail to such persons as are sought to be charged hereunder, at their last known address, or if the mailing address of any owner or occupant is not known to the city, it shall be sufficient for the purpose of charging such person that the notice be addressed to him and sent in care of the person appearing as owner on the records of the county assessor of Jackson County.  The notice:

1.  Shall be directed to all persons shown on the assessor’s records or otherwise known to the city to be owners and occupants, whether corporate or otherwise;

2.  Shall refer to the premises involved with convenient certainty, the street address, if any, being sufficient;

3.  Shall notify the addressees to remove the unlawful growth within fifteen days from the date of mailing; and

4.  Shall instruct them to comply therewith within fifteen days from the date of mailing.

The notice shall further inform the owners and occupants that, if the condition is not corrected within the said period of time, the owners and occupants may be prosecuted for violation.  If public notice has been published pursuant to subsection A, the mailed notice shall further state that unless the unlawful growth is removed within fifteen days after the publication of said notice or fifteen days after the date of the mailed notice, whichever is later, the city may cause the unlawful growth to be cut or removed from the premises and will charge the costs thereof to the owners and occupants and make the same a lien against the property.

C.  Any owner or occupant may, at any time before he becomes in violation, or, if notice has been served on him under subsection B, within ten days after service, appeal to the city council for relief by filing a petition with the city recorder seeking hearing before the council.  The petition shall include the facts upon which the petitioner relies to relieve himself from the obligations of this chapter in relation to the property.  If the council finds that it would work a real and unnecessary hardship upon the petitioner to comply with the terms of this chapter, then it may relieve the petitioner of the obligations of the chapter in relation to the particular property, but nothing therein shall be construed as obligating the city to remove or abate the nuisance without charging the cost as a lien against the said property.

D.  If the condition is not corrected within the time limited and no relief has been granted, such agent of the city as may be designated by the city administrator may abate the nuisance by removing the grass, weeds, brush, bushes or like vegetation from the property, or so much thereof as the city administrator may determine to be necessary to remove the hazard to abutting property.  The city administrator shall maintain an accurate record of the expenses incurred by the city in removing the unlawful growth and shall include therein an overhead charge for the cost of administration.  The total cost, including said overhead, shall thereafter be assessed as a lien against the property as hereinafter provided.

E.  The above remedy shall not be exclusive and, in addition to proceeding by abatement hereunder, the city administrator may proceed against the responsible owner or occupant in city court in the manner prescribed by law, or, if the condition is permanent, substantial or continuing, may proceed by suit in equity for mandatory in injunction or such other relief as may be afforded by a court of equity.  (Ord. 1420 §2, 1981; Ord. 1071 §2, 1972).

8.08.030   Assessment of costs.

After the city has abated an unlawful growth by removal thereof and arrived at the total cost as prescribed in this chapter, the city recorder shall mail a notice of assessment to the owner and occupant of the property from which the city has abated the nuisance.  The notice shall be addressed to the owners and occupants at the address shown in the office of the county assessor for said property and, if different, to the street address, if any, of the property.  The notice shall contain:

A.  A statement of the total cost, as defined in Section 8.08.020 D;

B.  A statement that the cost constitutes a lien against the property, payable within thirty days;

C.  A statement that if the owner or occupant objects to the cost, as stated, he may file a written notice of objection with the city recorder within ten days from the date of mailing the notice.  Upon the expiration of ten days after the date of mailing the notice, objections to the proposed assessment shall be heard and determined by the city council at its next regular meeting.  An assessment for the total cost of cutting or removal shall be determined by the city council and made by resolution and shall thereupon be entered in the docket of city liens and then shall consitute a lien against the property from which the unlawful growth was removed.  The liens shall bear interest at the rate of seven percent per year from the date of entry in the lien docket and shall be enforced in the same manner as in the case of liens for street improvements.  An error in the name of the owner or occupant shall not void the lien nor will a failure to receive notice of the assessment render it void, but it shall nevertheless remain a valid lien against the property.  (Ord. 1071 §3, 1972).

8.08.040   Penalty.

Violation of the terms of this chapter shall be punishable upon conviction under the general penalty ordinance.  (Ord. 1716 §11, 1995; Ord. 1071 §4, 1972).