Chapter 8.08
NUISANCES

Sections:

8.08.010    Title.

8.08.020    Purpose.

8.08.030    Policy.

8.08.040    Abrogation and greater restrictions.

8.08.050    Jurisdiction.

8.08.060    Definitions.

8.08.070    Exemptions.

8.08.080    Prohibition.

8.08.090    Enforcement.

8.08.010 Title.

This chapter shall be known as the “Crook County nuisance abatement ordinance.” (Ord. 26 § 1, 1984)

8.08.020 Purpose.

To protect the public health, safety and general welfare of the people of Crook County, Oregon, and in particular, to protect the people of Crook County from the accumulation of waste and solid wastes on public and private property outside the limits of the incorporated city of Prineville. (Ord. 26 § 2, 1984)

8.08.030 Policy.

It is declared to be the public policy of Crook County to regulate the accumulation, collection and disposal of wastes and solid wastes to:

(1) Provide for the safe and sanitary accumulation, storage, collection, transportation and disposal of solid wastes.

(2) To prohibit and provide for the abatement of the accumulation of wastes or solid wastes on private property, which creates a public nuisance, a hazard to health, offensive odors or a condition of unsightliness and to provide for an abatement of such conditions when found.

(3) Provide a coordinated county-wide program of control and recycling of wastes and solid wastes in cooperation with the federal, state and local municipal and governmental agencies responsible for the prevention, control and abatement of air, water and ground pollution and the prevention of litter. (Ord. 26 § 3, 1984)

8.08.040 Abrogation and greater restrictions.

Except as specifically provided herein, this chapter is not intended to repeal, abrogate or impair any existing requirements or restrictions which are presently regulating the subject matter of this chapter.

In the case of a conflict between this chapter and any other ordinance of this county, this chapter shall be controlling so far as the conflict involves the abatement of nuisances. (Ord. 26 § 4, 1984)

8.08.050 Jurisdiction.

Jurisdiction for all prosecutions for violations of this chapter shall be with the Oregon circuit court for Crook County and all civil abatement shall be in the Oregon circuit court for Crook County. (Ord. 26 § 6, 1984)

8.08.060 Definitions.

For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, and the word “shall” is mandatory, and the term “this chapter” shall include all amendments hereafter made to this chapter.

(1) “Building official” means the Crook County building officer.

(2) “Citation” means citation as authorized under Chapter 133 ORS and as set forward by county ordinance.

(3) “County court” means the Crook County court.

(4) “Discarded or abandoned vehicle” means any vehicle which does not have lawfully affixed thereto an unexpired license plate and is inoperative, wrecked, dismantled or partially dismantled, abandoned or junked. A “discarded or abandoned vehicle” is a form of “solid waste.” This definition does not apply to licensed junk dealers, salvage yards, and auto wrecking yards.

(5) “Disposal site” means lands and facilities used for the disposal, handling or transfer of or resource recovery from solid waste including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer station, resource recovery facilities, incinerators for solid waste delivered by the public or by a solid waste collection service, and composting plants; a landfill site such as used by the owner or person in control of the premises to dispose of soil, rock, concrete, or other similar nondecomposible material, unless the site is used by the public either directly or through a solid waste collection service.

(6) “Dispose or disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste or solid waste into or on any land, air or water.

(7) “Circuit court” means the circuit court of the state of Oregon for the county of Crook.

(8) “Hazardous solid waste” means solid waste that may, by itself, or in combination with other solid waste, be infectious, explosive, poisonous, caustic or toxic or otherwise dangerous or injurious to human, plant or animal life, but not radioactive material or radioactively contaminated material.

(9) “Health director” means Crook County public health administrator.

(10) “Landfill” means a disposal site approved by the Department of Environmental Quality and operated by means of compacting and covering solid waste at specific designated intervals but not necessarily each operating day.

(11) “Notice” means as contained in Appendix 1 of the ordinance codified in this chapter.

(12) “Peace officer” means a member of the Oregon State Police, a sheriff, deputy sheriff, or a city of Prineville police officer.

(13) “Person” means any individual, corporation, industry, copartnership, association, firm, trust, estate or any other private or public legal entity whatsoever.

(14) “Putrescible material” means organic materials that can decompose, and give rise to foul-smelling, offensive products.

(15) “Planning director” means the Crook County planning director.

(16) “Public nuisance” means deposits, accumulations, stores, collections, maintained or displayed waste or solid wastes on private property in violation of this chapter.

(17) “Regulations” means regulations promulgated by the Crook County court.

(18) “Rules” means rules promulgated by state agencies pursuant to Chapter 459 ORS.

(19) “Solid waste” means all putrescible and nonputrescible waste, including but not limited to garbage, rubbish, refuse, ashes, waste paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge; commercial, industrial, demolition and construction wastes; discarded or abandoned vehicles or parts thereof; discarded home industrial appliances; manure, vegetable or animal solid and semisolid wastes, dead animals and other wastes; but the term does not include radioactive materials or materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land or agricultural operations and the growing or harvesting of crops and the raising of fowls or animals.

(20) “Vehicles” means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

(21) “Waste” means useless or discarded materials. (Ord. 26 § 7, 1984)

8.08.070 Exemptions.

This chapter shall not apply:

(1) Within the incorporated limits of any city except agreements entered into by the county court with the city of Prineville.

(2) To federal or state agencies that collect, store, transport or dispose of waste or solid waste or those that contract with such agencies to perform the service, but only as to the terms for collection services or as to rates to be charged for such services and as authorized by federal or state statute. (Ord. 26 § 8, 1984)

8.08.080 Prohibition.

No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse, waste, or solid waste, or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to injure a person, animal or vehicle traveling upon a public way. (Ord. 152 § 2, 2004; Ord. 26 § 9, 1984)

8.08.090 Enforcement.

The enforcement of this chapter shall be as follows:

(1) Notice. The peace officer, as defined in this chapter, the planning director, health director, building official or members of their staffs shall investigate any complaints concerning violations of this chapter and determine whether there is probable cause to believe that a violation has taken place, and a written notice shall be given to the alleged violator which may include the owner, tenant, occupant or person in possession of the premises where the alleged violation is claimed to exist. Such notice shall recite that the alleged violator has 15 days to cure the alleged violation, the nature of the violation and a reference to this chapter.

(2) Authority to Enter Premises. A peace officer, the health director, planning director, building official or members of their staffs, may enter upon the premises of any person at reasonable times to determine compliance with and to enforce this chapter.

(3) Citation. If, after 15 days, a violation of the chapter is not rectified by the alleged violator, a citation under Chapter 1.08 CCC may be issued and a report shall be given forthwith to the Crook County district attorney or county counsel. Issuance of a citation does not preclude an action in circuit court for injunctive mandamus, abatement or other appropriate legal action against the alleged violator to require correction or removal of the waste or solid wastes which are violations of this chapter.

(4) If the violator fails to comply with an order within the time prescribed, the code official may cause the solid waste that creates the nuisance to be demolished and/or removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and/or removal shall be charged against violator and the real property of the violator and shall be a lien upon such real property. (Ord. 248 § 3, 2011; Ord. 26 § 10, 1984)