Chapter 8.10
NUISANCES
Sections:
8.10.020 Nuisances affecting public health.
8.10.030 Abandoned refrigerators.
8.10.040 Attractive nuisances.
8.10.050 Dangerous excavations.
8.10.060 Sidewalk defect or dangerous place.
8.10.090 Discarded motor vehicles.
8.10.100 Radio and television interference.
8.10.120 Unenumerated nuisances.
8.10.150 Joint responsibility.
8.10.010 Definitions.
“Person” means a natural person, firm, partnership, association, or corporation.
“Person in charge of property” means an agent, occupant, lessee, contract purchaser, or other person having possession or control of property or the supervision of any construction project.
Person Responsible. The person responsible for abating a nuisance shall include:
1. The owner.
2. The person in charge of property as defined in this section.
3. The person who caused to come into or continue in existence a nuisance as defined in this chapter or another ordinance of this city.
“Public place” means a building, way, place, or accommodation, whether publicly or privately owned, open and available to the general public. [Ord. 591 § 1, 1972.]
8.10.020 Nuisances affecting public health.
No owner or person in charge of property shall cause or permit on such property any nuisance affecting public health; nor shall any person cause on any property, public or private, any nuisance affecting public health. The following are nuisances affecting public health and may be abated as provided in this chapter.
A. Debris. An accumulation of decomposed animal or vegetable matter, garbage, rubbish, manure, offal, ashes, discarded containers, waste, paper, debris, trash, hay, grass, straw, weeds, litter, or other refuse matter or substance which, by itself or in conjunction with other substances, is deleterious to public health or comfort, or is unsightly, or creates an offensive odor.
B. Stagnant Water. An accumulation of stagnant or impure water which affords or might afford a breeding place for mosquitoes or other insects.
C. Noxious Weeds. A growth of Russian thistle, Canadian thistle, Chinese thistle, white mustard, cocklebur, silver saltbush, fox tail, or any other noxious weed; and all grass over 10 inches in height.
D. Animal Carcasses. The deposition of an animal carcass or part thereof; of any excrement or sewage; or industrial waste; or any putrid, nauseous, decaying, deleterious, offensive, or dangerous substance in a stream, well, spring, brook, ditch, pond, river, or other inland waters within the city; or the placing of such substances in such position that high water or natural seepage will carry the same into such waters.
E. Privies. An open vault or privy, except those constructed or maintained in connection with construction projects in accordance with the Oregon State Board of Health regulations.
F. Surface Drainage. Drainage of liquid wastes from private premises.
G. Cesspools. Cesspools or septic tanks which are in an unsanitary condition or which cause an offensive odor.
H. Food. Decayed or unwholesome food which is offered for human consumption.
I. Odors. Premises which are in such a state or condition as to cause an offensive odor, or which are in an unsanitary condition.
J. Slaughterhouses. A pigsty, slaughterhouse, or tannery.
K. Housing of Animals. A barn, stable, corral, pen, chicken coop, rabbit hutch, or other place where animals are caged or housed which is in an unsanitary condition or creates a noisome or offensive odor.
L. Water. The sufferance or allowance by the owner or person in charge of property that water from a roof, ditch, canal, flume, reservoir, pipeline, or conduit above or below ground should leak, seep, flow, overflow, run back or through, or escape or run upon, over, or under any premises, public street, alley, sidewalk, or other public property.
M. Noxious Odors/Hazardous Air Contaminants. Initiating or maintaining in a solid-fuel space-heating device or elsewhere on property the burning of any plastics, wire insulation, petroleum by-products, petroleum-treated materials, rubber products, animal remains, or animal or vegetable matter resulting from the handling, preparation, cooking or service of food, or of any other material which normally emits dense smoke, noxious odors, or hazardous air contaminants. The use of natural gas fuels to light solid fuels does not constitute a nuisance prohibited by this subsection. [Ord. 1193 § 1, 2009; Ord. 591 § 6, 1972.]
8.10.030 Abandoned refrigerators.
No person shall leave in any place accessible to children an abandoned or discarded ice box, refrigerator, or similar container without first removing the door. [Ord. 591 § 7, 1972.]
8.10.040 Attractive nuisances.
No owner or person in charge of property shall permit thereon:
A. Unguarded machinery, equipment, or other devices which are attractive, dangerous, and accessible to children.
B. Lumber, logs, or pilings 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.
This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children. [Ord. 591 § 8, 1972.]
8.10.050 Dangerous excavations.
A. No owner or person in charge of property shall allow an excavation to remain unguarded by suitable barriers.
B. In addition to the barriers required by subsection (A) of this section, excavations shall be marked by warning lights during the hours of darkness.
C. An obstruction on a street, sidewalk, public way, or pathway commonly used by the public shall be marked by warning lights during the hours of darkness. It shall be the responsibility of the person creating, maintaining, or in charge of such obstruction to ensure the installation and operation of the warning lights. [Ord. 591 § 9, 1972.]
8.10.060 Sidewalk defect or dangerous place.
It shall be the duty of all persons owning lots or lands which have sidewalks abutting the same to maintain and keep and repair the sidewalks and not permit the sidewalks to have a defect or dangerous place in them. Any owner of lots or lands who neglects to comply with the provisions of this section shall be answerable to any person injured by the failure to comply with the duty. [Ord. 850 § 1, 1982; Ord. 591 § 10, 1972.]
8.10.070 Trees.
A. No owner or person in charge of abutting property shall allow any brush, bushes, trees, limbs, shrubbery, flowers, or other growth, whether grown for food, fuel, shade, or ornamentation, to project over a sidewalk at an elevation of less than eight feet above the level of the sidewalk or over a street at an elevation of less than 13 feet, six inches above the level of the street.
B. No owner or person in charge of property shall allow to stand a dead or decaying tree that is a hazard to the public or to persons or property on or near the property.
C. The owner or occupant of property abutting a parking strip shall be responsible for brush, bushes, trees, limbs, shrubbery, flowers, or other growth on such parking strip. [Ord. 860 § 1, 1983; Ord. 591 § 11, 1972.]
8.10.080 Fences.
A. No owner or person in charge of property shall construct or maintain a barbed-wire fence along a sidewalk or public way below six feet above the level of the sidewalk or public way.
B. No owner or person in charge of property shall construct, maintain, or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person. [Ord. 591 § 12, 1972.]
8.10.090 Discarded motor vehicles.
A. No person shall store or permit the storing of a discarded vehicle upon any private property within the city unless the vehicle is completely enclosed within a building or unless it is in connection with a business enterprise dealing in junked vehicles lawfully conducted within the city.
B. The chief of police shall report to the city council all cases of nuisances described in this section. He shall promptly examine every such case reported to him, and he shall have the right to enter any premises where he may have reason to believe such nuisance exists, and shall give immediate notice to the occupant or owner of the premises where such may be found to abate the same.
C. The city council may, after receiving said report, direct that notice be given to the owner of the discarded motor vehicle and to the owner of the property upon which said vehicle is located, directing that said motor vehicle be placed in compliance with this section. If compliance is not effected within 10 days from the date of the notice, the chief of police is authorized to remove said nuisance and dispose of said nuisance as provided in Chapter 3.05 JCMC.
D. For purposes of this section, “discarded” shall mean any vehicle which does not have lawfully affixed thereto an unexpired license plate and is in one or more of the following conditions:
1. Inoperative.
2. Wrecked.
3. Dismantled.
4. Partially dismantled.
5. Abandoned.
6. Junked.
Discarded vehicles may be deemed to include major parts thereof, including but not limited to bodies, engines, transmissions and rear ends. [Ord. 591 § 13, 1972.]
8.10.100 Radio and television interference.
A. No person shall operate or use an electrical, mechanical, or other device, apparatus, instrument, or machine that causes reasonably preventable interference with radio or television reception by a radio or television receiver of good engineering design.
B. This section does not apply to devices licensed, approved, and operated under the rules and regulations of the Federal Communications Commission. [Ord. 591 § 14, 1972.]
8.10.110 Unnecessary noise.
A. No person shall make, assist in making, continue, or cause to be made any loud, disturbing, or unnecessary noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, safety, or peace of others.
B. Loud, disturbing, and unnecessary noises in violation of this section include, but are not limited to, the following:
1. The keeping of any bird or animal which by causing frequent or long-continued noise shall disturb the comfort and repose of any person in the vicinity.
2. The attaching of a bell to an animal or allowing a bell to remain on an animal.
3. The use of a vehicle or engine, either stationary or moving, so out of repair, loaded, or operated as to create any loud or unnecessary grating, grinding, rattling, or other noise.
4. The sounding of a horn or signaling device on a vehicle on a street, public place, or private place, except as a necessary warning of danger.
5. The blowing of a steam whistle attached to a stationary boiler, except to give notice of the time to begin or stop work, as a warning of danger, or upon request of proper city authorities.
6. The use of a mechanical device operated by compressed air, steam, or otherwise, unless the noise thereby created is effectively muffled.
7. The erection, including excavation, demolition, alteration, or repair of a building in residential districts other than between the hours of 7:00 a.m. and 6:00 p.m., except in case of urgent necessity in the interest of the public welfare and safety and then only with a permit granted by the recorder for a period not to exceed 10 days. The permit may be renewed for periods of five days while the emergency continues to exist. If the council determines that the public health, safety, and welfare will not be impaired by the erection, demolition, alteration, or repair of a building between the hours of 6:00 p.m. and 7:00 a.m., and if the council shall further determine that loss or inconvenience would result to any person unless the work is permitted within those hours, the council may grant permission for such work to be done within specified hours between 6:00 p.m. and 7:00 a.m., upon application therefor being made at the time the permit for the work is awarded or during the progress of the work.
The actual owner of property may do work on property actually occupied by him between the hours of 6:00 p.m. and 10:00 p.m. without obtaining a permit as herein required.
8. The use of a gong or siren upon a vehicle, other than police, fire, or other emergency vehicle.
9. The creation of excessive noise on a street adjacent to a school, institution of learning, church, or court of justice, while the same are in use, or on a street adjacent to a hospital, nursing home, or other institution for the care of the sick or infirm, which unreasonably interferes with the operation of such institution or disturbs or unduly annoys patients.
10. The discharge in the open air of the exhaust of a steam engine, internal combustion engine, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises and the emission of annoying smoke.
11. The use or operation of an automatic or electric piano, phonograph, gramophone, victrola, radio, television, loudspeaker, or any instrument for sound producing or any sound amplifying device so loudly as to disturb persons in the vicinity thereof or in such a manner as renders the use thereof a nuisance. However, upon application to the council, permits may be granted to responsible persons or organizations for the broadcast or amplification of programs of music, news, speeches, or general entertainment as a part of a national, state, or city event, public festivals, or outstanding events of a noncommercial nature. The broadcast or amplification shall not be audible for a distance of more than 1,000 feet from the instrument, speaker, or amplifier; and in no event shall a permit be granted where any obstruction to the free and uninterrupted flow of traffic, both vehicular and pedestrian, will result.
12. The making of a noise by crying, calling, or shouting or by means of a whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument, or other device for the purpose of advertising goods, wares, or merchandise, attracting attention, or inviting patronage of a person to a business. However, newsboys may sell newspapers and magazines by public outcry.
13. The conducting, operating, or maintaining of a garage within 100 feet of a private residence, apartment, rooming house, or hotel in such manner as to cause loud or disturbing noises to be emitted therefrom between the hours of 11:00 p.m. and 7:00 a.m. [Ord. 591 § 15, 1972.]
8.10.120 Unenumerated nuisances.
A. In addition to the acts and conditions specifically enumerated in this chapter, any condition, thing, substance, or activity which is detrimental to, injurious to, or constitutes a danger to the public health, safety or welfare is declared to be a nuisance and is subject to the abatement procedures set forth in this chapter.
B. A condition, thing, substance, or activity declared to be a nuisance by another ordinance of this city is subject to the abatement procedures of this chapter, if no abatement procedures are provided by such ordinance. [Ord. 591 § 16, 1972.]
8.10.130 Notice to abate.
A. On determination by the director of public works or designee that a nuisance exists, the director of public works or designee shall cause a notice to be posted on the premises or at the site of the nuisance, directing the person(s) responsible to abate the nuisance.
B. At the time of posting, the director of public works or designee shall cause a copy of the notice to be sent by certified mail to the person(s) responsible at that person’s last known address.
C. The notice to abate shall contain:
1. A description of the real property, by street address or otherwise, on which the nuisance exists;
2. A direction to abate the nuisance within 10 days from the date of the notice;
3. A description of the nuisance;
4. A statement that, unless the nuisance is removed, the city may abate the nuisance and the cost of abatement will be charged to the person(s) responsible;
5. A statement that failure to abate a nuisance may result in a fine against the person(s) responsible;
6. A statement that the person(s) responsible may protest the order to abate by giving written notice to the city recorder within 10 days from the date of the notice;
7. A statement that the cost of abatement may be assessed to and become a lien on the property.
D. Upon completion of the posting and mailing, the staff person posting and mailing shall execute and file certificates stating the date and place of the mailing and posting.
E. An error in the name or address of the person responsible shall not make the notice void, and in such case the posted notice shall be sufficient. The city shall be entitled to rely upon address information contained in the county assessor’s records and in the utility billing records of the city. [Ord. 1234 § 1, 2015; Ord. 1165 § 1, 2007; Ord. 1015 §§ 1, 2, 1996; Ord. 799 § 1, 1980; Ord. 591 § 17, 1972.]
8.10.140 Abatement.
A. By the Person Responsible.
1. Within 10 days after the posting and mailing of notice as provided in JCMC 8.10.130, the person(s) responsible shall take one of the following actions:
a. Remove the nuisance;
b. Protest that no nuisance exists by filing a written statement with the city recorder that specifies the basis for the protest; or
c. Request an extension of time for nuisance abatement by filing a written statement with the public works director that specifies the basis for the extension request. Staff may grant the extension request in writing, based upon criteria and standards adopted by council resolution.
2. If the person(s) responsible files a protest, the statement shall be referred to the council as a part of its regular agenda at its next meeting. At the time set for consideration of the abatement, the person may appear and be heard by the council. The council shall determine whether a nuisance in fact exists, whether the proposed abatement is reasonable, and the determination shall be entered in the official minutes of the council. Council determination shall be required only in cases where a written statement has been filed as provided.
3. If the council determines that a nuisance in fact exists, the person(s) responsible shall abate the nuisance within 10 days after the council determination or other time set by council.
B. By the City.
1. If the nuisance has not been abated by the person(s) responsible within the time allowed, the council may cause the nuisance to be abated.
2. The officer of the city charged with abatement of the nuisance shall have the right to enter into or upon property at reasonable times to investigate or cause the removal of a nuisance upon obtaining consent to enter the property from the person responsible, or, in the absence of consent, upon obtaining an administrative warrant from the municipal judge.
3. The city designee charged with the abatement shall keep an accurate record of the expenses incurred by the city and keep an accurate log of the hours city workers spent in physically abating the nuisance. [Ord. 1262 § 1, 2021; Ord. 1234 § 2, 2015; Ord. 1165 § 2, 2007; Ord. 1015 §§ 3, 4, 1996; Ord. 799 § 2, 1980; Ord. 591 § 18, 1972.]
8.10.150 Joint responsibility.
If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance. [Ord. 1015 § 5, 1996; Ord. 591 § 19, 1972.]
8.10.160 Assessment of costs.
A. The finance director, or designee, shall calculate the total amount incurred by the city based on the record of expense and labor hours prepared by the city designee as described in JCMC 8.10.140(C). The finance director, or designee, shall also calculate and include therein a charge of $10.00 or 10 percent of the total amount incurred (whichever is the greater) for administrative overhead.
B. The city recorder, by registered or certified mail, postage prepaid, shall forward to the person responsible 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 invoice.
3. That if the person responsible objects to the cost of the abatement as indicated, he or she may file a notice of objection with the city recorder, not more than 10 days from the date of the notice.
C. Upon the expiration of 10 days after the date of the notice, the council, in the regular course of business, shall hear and determine the objections to the costs assessed.
D. If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs stated or as determined by the council shall be made by resolution and shall thereupon be entered in the docket of city liens, and constructive notice of interest in real property shall be made using a method consistent with Oregon State law. Completion of the docket entry and constructive notice shall constitute a lien upon the property from which the nuisance was removed or abated.
E. The lien shall be enforced in the same manner as liens for street improvements are enforced, and shall bear interest at the rate of six percent per annum. The interest shall commence to run from date of the entry of the lien in the lien docket. The lien amount shall also include any direct costs incurred by the city to meet the state-mandated constructive notice requirements.
F. An error in the name of the person responsible shall not void the assessment, nor will failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property. [Ord. 1165 § 3, 2007; Ord. 1015 § 5, 1996; Ord. 591 § 20, 1972.]
8.10.170 Summary abatement.
The procedure provided by this chapter is not exclusive, but is in addition to procedure provided by other ordinances; and the health officer, the chief of the fire department, director of public works, or the chief of police may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property. [Ord. 1165 § 4, 2007; Ord. 1015 § 5, 1996; Ord. 591 § 21, 1972.]
8.10.180 Penalties.
A person violating a provision of this chapter or an order issued under authority of this chapter shall, upon conviction thereof, be deemed guilty of a violation and shall be fined in an amount not to exceed $1,000. [Ord. 1234 § 3, 2015; Ord. 1015 §§ 5, 6, 1996; Ord. 799 § 3, 1980; Ord. 591 § 22, 1972.]
8.10.190 Affirmative defense.
Charges filed under this chapter, exclusive of JCMC 8.10.110 and 8.10.120, may be dismissed by the court if at the trial the defendant proves by a preponderance of the evidence that the nuisance then existing had been satisfactorily abated not more than 10 calendar days after the defendant received the citation to appear in court for the nuisance. [Ord. 1015 § 7, 1996; Ord. 591 § 23, 1972.]
8.10.200 Separate violations.
A. Each day’s violation of a section of this chapter is a separate offense.
B. The abatement of a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance. [Ord. 1015 § 8, 1996; Ord. 823 § 1, 1981; Ord. 799 § 4, 1980; Ord. 591 § 24, 1972.]