Chapter 8.08
WEED ABATEMENT1
Sections:
8.08.010 Nuisance described--Offense punishable.
8.08.020 Notice and abatement--Proceedings.
8.08.005 Purpose and scope.
The uncontrolled growth of high grass, weeds, brush, and other like vegetation on property in city areas causes:
A. A fire hazard endangering people and property;
B. An interference with the use and enjoyment of other properties by propagating noxious weeds and causing them to spread; and
C. A health hazard by furnishing an area for the breeding of vermin and by generating irritants. Therefore, permitting such uncontrolled growth is unreasonable and unnecessary in an urban area and constitutes a public nuisance. Any person who owns and has the right to control real property assumes an obligation to the rest of the community and is therefore chargeable with knowledge of the growth of vegetation on that property and has a duty to remove any nuisance which reasonable inspection would reveal. (Ord. 2051 §1(part), 2019).
8.08.007 Definitions.
For the purposes of Sections 8.08.010 and 8.08.020, the following definitions shall apply:
“Owner” means any person with an ownership interest or with any leasehold or other possessory interest, of record or otherwise, which gives said person, either alone or jointly with others, a right to occupy, possess, or control real property. In any event, any person who appears as owner on the records of the county assessor shall be presumed to be one of the owners of the property, but such presumption may be rebutted.
“Person” means any natural person, partnership, corporation or other legal entity.
“Occupant” means any person in lawful possession, or with a lawful right to store or keep personal property on, any real property or, in case of corporate ownership, that officer, employee, or agent of a corporate owner having the authority or duty to control or operate the property on behalf of the corporation. (Ord. 2051 §1(part), 2019).
8.08.010 Nuisance described--Offense punishable.
A. Except as provided in subsection C of this section, it shall be 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 from May 1st to November 15th in each calendar year, or at any other time prior to May 1st or after November 15th, if the city manager or his designee determines that such growth constitutes a fire hazard. In the event the city manager or his designee determines there exists a fire hazard prior to May 1st or after November 15th, the owner or occupant shall be notified in writing as provided in the notice provisions of Section 8.08.020(B).
1. Properties Less Than One Acre in Size. Weeds and grass on the entire property shall be disked, cut or removed.
2. Properties More Than One Acre in Size. Firebreaks shall be required by the city in addition to clearing the entire parcel. Such firebreaks shall consist of a minimum thirty-foot-wide firebreak provided around the perimeter of the property and the area shall be divided into maximum two-and-one-half acre parcels with minimum thirty-foot-wide cross-breaks. In addition, the city may require a minimum one-hundred-foot firebreak adjacent to improved subdivisions/properties. (Road width may be considered part of the one-hundred-foot firebreak.)
3. Unmaintained Agricultural Properties. Minimum thirty-foot-wide firebreaks shall be maintained along the perimeter from the edge of road. In addition, minimum one-hundred-foot-wide firebreaks adjacent to improved subdivisions/properties. (Road width may be considered part of the one-hundred-foot firebreak.)
4. Improved Subdivisions (Streets In But Structures Not Yet Built). Each lot is required by ordinance to be cut.
5. Structures in Hillside Areas. Minimum one-hundred-foot firebreaks (defensible space) shall be provided around the perimeter of the structure.
B. Violation of subsection A of this section constitutes a violation.
C. The provisions of subsection A of this section shall not apply to the following:
1. Ornamental shrubs, bushes or other like vegetation maintained and kept in a landscaped yard or place;
2. Any crop grown and maintained for agricultural purposes;
3. Grass or other like vegetation grown and maintained for pasturage upon property fenced, zoned and otherwise lawfully used for said purpose; or
4. To any “natural area” within a Central Point public park. As used herein, “natural area” shall mean any park or portion thereof preserved in its native state and approved in writing by the Central Point parks department. Prior to approving any natural area, the Central Point parks department shall solicit and comply with any order of the Fire Marshal concerning the elimination or reduction of a fire hazard.
D. 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 Section 1.16.010; 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 assessment liens. (Ord. 2072 §1, 2021; Ord. 2051 §1(part), 2019; Ord. 1956 §1, 2012; Ord. 1420 §1, 1981; Ord. 1071 §1, 1972).
8.08.020 Notice and abatement--Proceedings.
A. Each year, the city manager may cause to be published in a newspaper of general circulation within the city of Central Point, Oregon, a public notice that conditions prescribed in Section 8.08.010(A) 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(A) is found to exist, the code enforcement officer 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, 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 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;
4. Shall instruct them to comply therewith within fifteen days from the date of mailing; and
5. 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. The mailed notice shall further state that, unless the unlawful growth is removed within fifteen days after the date of the mailed notice, the city may cause the unlawful growth to be cut or removed from the premises and will charge the costs thereof, including the costs of administration set forth therein, to the owners and occupants and make the same a lien against the property.
C. Any owner or occupant may, at any time before such owner becomes in violation, or, if notice has been mailed to said owner or occupant under subsection B of this section, within ten days after the notice is mailed, file with the city recorder a written statement which shall specify the basis for contending that no nuisance exists. The statement shall be referred to the city manager, who shall thereupon determine whether a nuisance in fact exists. The written statement shall include the facts upon which the owner or occupant relies for relief from the obligations of this chapter in relation to the property. If the city manager finds that it would work a real and unnecessary hardship upon the owner or occupant to comply with the terms of this chapter, then the city manager may relieve said person 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. The city manager will mail a decision to the owner or occupant within fifteen days of the city’s receipt of such written statement. The owner or owner’s agent may appeal the city manager’s findings to the city council. A written notice of appeal shall be filed with the city recorder within ten days after the city manager’s decision is mailed. The city recorder shall set the matter for public hearing at the next regular meeting of the city council. If the city council determines that a nuisance exists, the owner or owner’s agent shall abate the nuisance within ten days of the council’s decision; or the nuisance shall be abated by the city in the manner provided in subsection D of this section.
D. If the condition is not corrected within the time limit and no relief has been granted, the city may cause the nuisance to be abated by removing the grass, weeds, brush, bushes or like vegetation from the property, or so much thereof as the city manager may determine to be necessary to remove the hazard to abutting property. The city manager shall maintain an accurate record of the expenses incurred by the city in removing the unlawful growth and shall include an abatement fee, which is established by resolution, for costs of administration. The total cost, including said costs of administration, shall thereafter be assessed against the property owner(s) and may be entered in the docket of city liens not less than thirty days after the mailing of the notice provided in subsection B of this section.
E. If a lien is filed, the lien shall be enforced in the same manner as liens for special assessments in Section 11.04.070, and shall bear interest at the rate established for special assessments per Section 11.04.080, beginning ten days after the entry of the lien in the lien docket. An error in the name of the owner or occupant shall not void the lien and it shall remain a valid lien against the property.
The above remedy shall not be exclusive and, in addition to proceeding by abatement, the city 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 injunction or such other relief as may be afforded by a court of equity. (Ord. 2051 §1(part), 2019; Ord. 1952 §1, 2011; Ord. 1420 §2, 1981; Ord. 1071 §2, 1972).
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.