Chapter 8.05 NUISANCES

2. An animal that, without provocation, injures, kills, damages, or destroys any property, whether real, personal or mixed, belonging to a person other than the owner or person in control or possession of the animal.

3. An animal that, without provocation, injures or kills an animal or fowl belonging to a person other than the owner or person in control or possession of the animal.

4. Any animal, reptile, or amphibian that is not normally tame or gentle, but is of a wild nature or disposition which, because of its size, vicious nature or other characteristics, would, without provocation, constitute a danger to human life or property. This would include, but is not limited to: (a) poisonous snakes; (b) nonpoisonous snakes that are more than six feet in length or which otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup; and (c) any amphibians more than one foot in length.

5. A “potentially dangerous animal” is an animal that, without provocation, approaches or charges a person in a menacing, threatening, or aggressive manner while not on the premises of the owner or person in control or possession of the animal; or, while on the premises of the owner or person in control or possession of the animal, and without provocation, charges, menaces, or threatens a person in an aggressive manner under such circumstances which would lead a reasonable person to believe the animal poses an immediate threat to their safety.

“Firearms and other dangerous weapons” means:

1. Any type of handgun, rifle, or other weapon, including a spring or air-actuated pellet gun, or a weapon that propels a projectile by use of gunpowder or other explosive, or jet or rocket propulsion.

2. A crossbow.

“Law enforcement officer” means any law enforcement officer of the city.

“Nuisance” means a substance, an act, or any other thing that is determined by the city council to be injurious or detrimental to the public health, safety, or welfare of the citizens of the city.

1. Nuisance Abatement. Those acts, conditions, or objects specifically enumerated and defined in RRMC 8.05.300 and 8.05.310 are declared to be public nuisances and may be abated by the procedures set forth in RRMC 8.05.320 through 8.05.380.

2. Nuisance – Penalty. The acts, conditions, or objects specifically enumerated and defined in RRMC 8.05.010 through 8.05.280 are declared to be public nuisances wherein the owner or person in possession or control is subject to penalty as provided for in RRMC 8.05.290.

“Person” means a natural person, firm, partnership, association or corporation.

“Person in control or possession of property” means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project.

Person Responsible. The person responsible for abating a nuisance includes:

1. The owner.

2. The person in possession or control as defined in this section.

3. The person who caused a nuisance, as defined in this chapter or another ordinance of the city, to come into or continue in existence.

“Police chief” means the police chief of the city or person authorized by the police chief.

“Public place” means a building, way, place or accommodation, publicly or privately owned, open and available to the general public. [Ord. 05-324-O § 1; Ord. 04-322-O § 1].

8.05.020 Separate violations.

A. Each day’s violation of a provision of this chapter constitutes a separate offense.

B. The abatement of a nuisance shall not constitute a penalty for violating this chapter, but shall be an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate a nuisance. However, abatement of a nuisance within the time provided from the date of notice to abate or, if a written protest has been filed, then from the date of council determination that a nuisance exists shall relieve the person responsible from the imposition of a fine as provided under RRMC 8.05.290. [Ord. 04-322-O § 2].

Article II. Animal Nuisances

8.05.030 Dangerous and potentially dangerous animals, reptiles, and amphibians.

In order to regulate the general health, safety and welfare of the people within the city limits of Rogue River, we find it appropriate, necessary, and in the public interest to enforce safeguards for the public who would use our city streets and sidewalks. Therefore, the following provisions will apply to the possession, harboring, controlling, keeping, or ownership of potentially dangerous or dangerous animals, reptiles, or amphibians:

A. No owner or person in control or possession of a wild or domesticated dangerous or potentially dangerous animal, reptile, or amphibian as defined in RRMC 8.05.010 shall permit that animal, reptile or amphibian to be exposed in public or to run at large. If the animal, reptile or amphibian is exposed to the public or is found at large, it will be taken into custody by the city and impounded by the Jackson County animal control board, and the owner or person in control or possession of that animal, reptile, or amphibian shall be fined as provided for in RRMC 8.05.290.

B. An owner or person in control or possession of an animal, reptile or amphibian that without provocation conducts itself in the manner as described below shall be fined as provided for in RRMC 8.05.290, and the animal, reptile or amphibian will be seized by the Rogue River police department and impounded by the Jackson County animal control board.

1. Injures, kills, damages, or destroys any property, whether real, personal or mixed, belonging to a person other than the owner or person in control or possession of the animal, reptile or amphibian; or

2. Bites a person; or

3. Shows a propensity to bite a person; or

4. Injures or kills an animal or fowl belonging to a person other than the owner or person in control or possession of the animal.

C. Any animal, reptile or amphibian that, without provocation, poses an immediate and imminent threat of serious injury or death to any person, domestic pet, livestock, or fowl, may be destroyed by a law enforcement officer, or any other person, and the owner or person in control or possession shall be fined as provided for in RRMC 8.05.290.

D. Confinement of Dangerous Animals, Reptiles, or Amphibians on Private Property.

1. If an owner or person in control or possession of a dangerous or potentially dangerous animal as defined in RRMC 8.05.010 keeps or intends to keep the animal on private property within the city limits, then the owner or person in control or possession of the animal must keep the animal within a proper enclosure. Signs must be posted near the enclosure warning that the animal is potentially dangerous. The signs must be readable by a person with normal vision from a distance of 30 feet. A “proper enclosure” means:

a. A secure confinement indoors; or

b. A secure confinement outdoors that:

i. Provides the animal with protection from wind, rain, snow or sun and has adequate bedding to protect against cold and dampness.

ii. Is not less than six feet wide and 12 feet long, has a fence at least six feet high, and has a concrete floor or heavy buried wire barrier sufficient to prevent the animal from digging out.

iii. Is located so that it is set back five feet from the property line of each side of the property, 10 feet from the rear property line, and is not located in the front yard of the house.

iv. Is enclosed on top if the enclosure intends to house an animal which possesses the capability to climb over or jump the fence.

v. Is enclosed within a fenced yard that prevents entry by children 12 years of age or younger.

vi. Is enclosed within a fenced yard that prevents entry by children 12 years of age or younger.

c. An owner or person who is in control or possession of a dangerous animal as defined in RRMC 8.05.010 and who fails to secure the animal in the manner prescribed in this section shall be fined as provided for in RRMC 8.05.290.

2. The animal, when not in a proper enclosure, must be under the control of an adult, restrained with a substantial chain not more than five feet in length and fitted with a muzzle that prevents the animal from biting a person or animal. If an owner or person in control or possession of a dangerous or potentially dangerous animal as defined in RRMC 8.05.010 fails to restrain the animal in this manner, he or she shall be fined as provided for in RRMC 8.05.290. [Ord. 23-418-O § 23; Ord. 05-324-O § 2; Ord. 04-322-O § 3].

8.05.040 Animals at large.

Except for domestic cats, no owner or person in control or possession of an animal shall permit the animal to be at large. Animals at large may be taken into custody by the city. If a police officer determines that an animal, reptile, or amphibian at large is so vicious or dangerous that it cannot be impounded by the police officer or animal control, the police officer may destroy the animal, reptile, or amphibian. [Ord. 05-324-O § 3; Ord. 04-322-O § 4].

8.05.050 Removal of carcasses.

No person may permit any fowl or animal carcass owned by him or under his control or in his possession to remain upon the public streets or places, or to be exposed on private property, for a period of time longer than 72 hours. [Ord. 04-322-O § 5].

8.05.060 Dogs.

A dog that is a nuisance may be seized by any person or the Rogue River police department and impounded by the Jackson County animal control. Its owner or person in control or possession may be fined as provided in RRMC 8.05.290 under the following circumstances:

A. No person who is the owner, person in control or possession of a dog shall allow the dog to run at large.

B. No person who is the owner, keeper or custodian of a dog shall allow the dog to be on property not owned by the owner, keeper, or custodian without the permission of the owner or person in control or possession of the property.

C. No person shall own, keep or harbor a dog that is a nuisance. Nuisances are defined as follows:

1. Howls or barks in such a manner as to deprive a person of peace and quiet, or approaches a person in a menacing or threatening manner off the premises of the owner or person in control or possession; or

2. Habitually chases vehicles of any kind, or persons.

D. No person shall own or be in control or possession of a dog unless it is licensed according to the laws of Jackson County. A dog that is unlicensed may be seized by the Rogue River police department and impounded by the Jackson County animal control board.

E. This prohibition does not apply to:

1. Dogs for the handicapped; or

2. Dogs used for law enforcement purposes. [Ord. 23-418-O § 24; Ord. 04-322-O § 6].

8.05.070 Removal of droppings.

The owner or person in possession or control of any animal shall be responsible for removal of fecal droppings left by that animal on public property, in a public park, or on private property without the consent of the private property owner. It is a defense to this section if the owner or person in possession or control of the dog immediately cleans up the defecation without being instructed to do so. [Ord. 04-322-O § 7].

Article III. Nuisances Affecting Public Health and Safety

8.05.080 Abandoned ice boxes and refrigerators.

No person may leave in a place accessible to children an abandoned, unattended or discarded ice box, refrigerator or similar container which has an airtight door with a snap lock or lock or other mechanism that may not be released or opened from the inside, without first removing the door from the ice box, refrigerator or similar container. [Ord. 04-322-O § 16].

8.05.090 Firearms and other dangerous devices.

It shall be unlawful for any person to discharge any type of firearm or dangerous weapon as defined in RRMC 8.05.010; provided, however, that nothing herein contained shall apply to any peace officer while acting in performance of his duties or to any person lawfully using a firearm or dangerous weapon in defense of his property or person. [Ord. 04-322-O § 17].

8.05.100 Fireworks.

The sale and use of fireworks, as defined in ORS 480.111, is prohibited within the limits of the city of Rogue River. [Ord. 04-322-O § 18].

8.05.110 Snow and ice removal.

No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk may permit:

A. Snow to remain on the sidewalk for a period longer than the first six hours of daylight after the snow has fallen.

B. Ice to cover or remain on a sidewalk, after the first six hours of daylight after the ice has formed. Such persons shall remove ice accumulating on the sidewalk or cover the ice with sand, ashes or other suitable materials to assure safe travel. [Ord. 04-322-O § 19].

8.05.120 Interference with traffic.

No owner or person in control or possession of property that abuts upon a street, alley or public sidewalk shall permit weeds, bushes, trees or other obstructions on the property to interfere with street or sidewalk traffic. [Ord. 04-322-O § 20].

8.05.130 Defective sidewalks.

No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk shall permit the sidewalk to deteriorate to such a condition that, because of cracks, chipping, weeds, settling, covering by dirt, or other similar occurrences, the sidewalk becomes a hazard to persons using it. It is the duty of the owner or person in charge of property to notify the city recorder, by filling out a form provided, of any damage or potentially hazardous condition to the sidewalks adjacent to the owner or person in charge of property. [Ord. 04-322-O § 21].

8.05.140 Sidewalk liability.

The city shall not be liable to any person for any loss or injury to a person or property suffered or sustained by reason of any accident on sidewalks caused by ice, snow, encumbrances, obstructions, weeds or other similar conditions on or of the sidewalk. Adjacent property owners shall maintain sidewalks free from such conditions and shall be liable for any and all injuries to persons or property arising as a result of their failure to so maintain the sidewalks. [Ord. 04-322-O § 22].

8.05.150 Attractive nuisances.

A. No owner or person in charge of property may permit:

1. Unguarded machinery, equipment or other devices on such property which are attractive, dangerous and accessible to children.

2. Lumber, logs or pilings placed or stored on such property in a manner so as to be attractive, dangerous and accessible to children.

3. An open pit, quarry, cistern or other excavation without erecting adequate safeguards or barriers to prevent such places from being used by children.

B. This section shall not apply to authorized construction projects if, during the course of construction, reasonable safeguards are maintained to prevent injury or death to playing children. [Ord. 04-322-O § 23].

8.05.160 Deterioration, unsightliness of premises, buildings.

No owner or person in charge of property shall maintain buildings in a manner that would meet the definition of a dangerous building as defined in the Uniform Building Code. [Ord. 04-322-O § 24].

8.05.170 Fences.

A. No person shall construct or maintain a barbed-wire fence or allow barbed wire to remain as part of a fence along a sidewalk or public way, unless such wire is placed not less than six inches above the top of a board or picket fence that is not less than six feet high.

B. No person shall install, maintain, or operate an electric fence along a street or sidewalk or along the adjoining property line of another person. [Ord. 04-322-O § 25].

8.05.180 Dumping and depositing materials in rivers, creeks, ditches and storm drains.

No person shall throw or place any refuse, paper, trash, glass, nails, tacks, wire, bottles, cans, yard trash, concrete, earthen fill, garbage, containers or litter or other debris in any ditch, stream, storm drain, river, or retention basin that regularly or periodically carries surface water runoff. Any person who deposits any of the above shall be liable to remove it or shall cause it to be removed therefrom immediately. [Ord. 04-322-O § 26].

8.05.190 Prohibited activity on bridges.

It is unlawful to jump from any bridge within the city limits that spans the Rogue River, Evans Creek, or Wards Creek or affix thereto a rope, ladder, or any other such device. [Ord. 04-322-O § 27].

8.05.200 Obstructing passageways.

No person shall, except as otherwise permitted by ordinance, obstruct, cause to be obstructed or assist in obstructing pedestrian or vehicular traffic on any sidewalk, street, or other public place.

A. The provisions of this section shall not apply to the delivery of merchandise or equipment; provided, that no person shall permit such merchandise or equipment to remain on any street or sidewalk beyond a reasonable time.

B. No person shall permit any merchandise, equipment or other obstruction to remain on any street or sidewalk.

C. No person shall use any street or sidewalk or any portion thereof for selling, storing or displaying merchandise or equipment except as may be otherwise provided by ordinance or as might be specifically authorized by the council.

D. No unauthorized person shall deposit any earth, gravel or debris upon any street or sidewalk. [Ord. 04-322-O § 28].

8.05.210 Placing trash in trash receptacle of another or on public or private property.

No person shall place or cause to be placed trash, litter, or other matter upon public or private property or in another person’s trash receptacle. This provision shall not apply to the placing of litter in trash receptacles provided for that purpose. [Ord. 04-322-O § 29].

8.05.215 Public urination.

No person shall urinate or defecate in public view or in a public place other than in a restroom. [Ord. 19-405-O § 1].

Article IV. Nuisances Affecting the Public Peace

8.05.220 Radio and television interference.

A. No person may operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception; provided, that the radio or television receiver interfered with is of good engineering design.

B. This section does not apply to electrical and radio devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission. [Ord. 04-322-O § 36].

8.05.230 Unnecessary noise.

A. No person may make, assist in making, or continue to cause to be made any loud, disturbing or unnecessary noise which 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 use of a vehicle or engine, either stationary or moving, or out of repair, loaded or operated as to create any loud or unnecessary grating, grinding, rattling, loud exhaust noise, or other noises.

3. The use of a mechanical device operated by compressed air, steam or otherwise, unless the noise thereby created is effectively muffled.

4. The use of sound-producing or reproducing equipment that is plainly audible within a dwelling unit that is not the source of the sound, or use of such equipment on public property or on a public right-of-way so as to be plainly audible 50 feet or more from the source of the sound. The city council may grant an exemption from this subsection to allow a person reasonable use of public property or the right-of-way to broadcast music or speech. [Ord. 04-322-O § 37].

8.05.240 Notices and advertisements.

A. No person shall affix or cause to be affixed a placard, bill, advertisement or poster on telephone or utility poles or street signs.

B. No person shall willfully deface or tear down an official notice or bulletin posted in conformity with law.

C. No person, either as principal or agent, may scatter, distribute or cause to be scattered or distributed on public or private property any placards or advertisements or other similar material.

D. This section does not prohibit the distribution of advertising and commercial material during a parade or approved public gathering.

E. No person may affix or cause to be affixed or distributed any placard, handbill, advertisement, or poster of a commercial or political nature upon real or personal property, public or private, without first securing permission. [Ord. 04-322-O § 38].

8.05.250 Graffiti.

A. No person shall apply paint marks, or marking pen marks, commonly referred to as graffiti, to any building or structure. No owner or person in control or possession of a building or structure may permit or tolerate paint marks or marking pen marks, commonly referred to as graffiti, to remain on said building or structure for a period in excess of 10 days.

B. This section shall not apply to painting or marking that:

1. Is part of the general color scheme of the building or structure; and

2. Does not contain words or symbols; and

3. Was applied by the owner or person in control or possession or agent thereof; or

4. Is part of a sign that has been previously approved by the sign committee. [Ord. 04-322-O § 39].

8.05.260 Abusive or threatening language or action.

No person shall use abusive, threatening, boisterous, vile, obscene or indecent language or gestures, nor shall any person cause, attempt to cause or bring about any public demonstration or disturbances nor in any way create a public nuisance while within the city limits of Rogue River. [Ord. 04-322-O § 40].

8.05.270 Pre-existing conditions.

Pre-existing conditions are subject to all of the requirements of this chapter. [Ord. 04-322-O § 41].

8.05.280 Un-enumerated nuisances.

A. The acts, conditions or objects specifically enumerated and defined in RRMC 8.05.010 through 8.05.270 are declared public nuisances whereby a penalty may be assessed by the procedures set forth in RRMC 8.05.290. The acts, conditions or objects specifically enumerated and defined in RRMC 8.05.300 and 8.05.310 are declared public nuisances and may be abated by the procedures set forth in RRMC 8.05.320 through 8.05.380.

B. In addition to the nuisances specifically enumerated in this chapter, every other thing, substance or act that is determined by the council to be injurious or detrimental to the public health, safety or welfare of the city is declared a nuisance and may be abated as provided in this chapter. [Ord. 04-322-O § 42].

8.05.290 Enforcement and penalties.

A. Enforcement. The Rogue River police department is charged with the responsibilities and the authority for enforcing the provisions of this chapter. The police officer shall have the right to enter upon property at reasonable times to investigate or cause the removal of a nuisance including potentially dangerous animals, dangerous animals, reptiles, or amphibians.

B. Penalties. A violation of a provision of this chapter, or an order issued under authority of this chapter, is punishable by a fine not less than $50.00 and not to exceed $1,000. [Ord. 05-324-O § 4; Ord. 04-322-O § 43].

Article V. Nuisances Requiring Abatement Procedures

8.05.300 Noxious vegetation and debris.

No owner or person in control or possession of property may permit weeds or other noxious vegetation to grow upon his property. It is the duty of an owner or person in control or possession of property to cut down or to destroy weeds or other noxious vegetation from becoming unsightly or from becoming a fire hazard or from maturing or going to seed.

A. The term “noxious vegetation” does not include vegetation that constitutes an agricultural crop unless that vegetation is a health hazard or a fire or traffic hazard within the meaning of subsection (B) of this section.

B. The term “noxious vegetation” includes:

1. Weeds more than 10 inches high.

2. Grass more than 10 inches high and not within the exception stated in subsection (A) of this section.

3. Poison oak.

4. Poison ivy.

5. Blackberry bushes that extend into a public thoroughfare or across a property line.

6. Vegetation that is:

a. A health hazard;

b. A fire hazard because of its height, density, dryness or because it is near other combustibles;

c. A traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous.

C. No owner or person in charge of property shall allow noxious vegetation or debris to be on the property or in the right-of-way of a public thoroughfare abutting on the property. The debris shall be removed from areas indicated within seven days by the owner or person in control or possession of the property.

D. Debris on Private Property. The term “debris” includes rubbish, manure, trash of any nature, such as, but not limited to, paper, plastic, glass, miscellaneous pieces of metal or wood, dead animals or fowl, property obviously discarded such as parts of bicycles, toys, vehicles or machinery, household items such as mattresses, stoves, heaters, washing machines, dryers, and TVs. Usable items that are in continuous obvious disarray in a yard are also considered to be debris. Accumulations of debris such as, but not limited to, the items listed above that are located on private property which affect the health, safety or welfare of the city shall be removed within a reasonable time as determined by the police department.

E. No person shall throw, dump, or deposit on public or private property, and no person may keep on private property, any injurious or offensive substance or any kind of rubbish, trash, debris, motor vehicles or parts thereof, building materials, machinery, refuse or any substance that would mar the appearance, create a stench or fire hazard, or detract from the cleanliness or safety of the property or would be likely to injure a person, animal or vehicle traveling on a public way.

F. It will be the responsibility of sponsors of the various public or private events such as parades, political gatherings, picnics, Rooster Crow, etc., that involve crowd gatherings, to remove litter and debris, etc., resulting from the event. This will be completed within 24 hours following the conclusion of the applicable event. Failure to accomplish the proper clean up will result in the city abatement of the problem, with resultant charges levied against the sponsors. A notice of this requirement for sponsors will be given by the city recorder to the responsible sponsor or person applying for the written and/or event for said events. In cases where no written permission is sought or needed the provisions of this subsection still apply.

G. The accumulation of high weeds, grass, and other debris is found to create a condition tending to reduce the value of private property; to promote blight, deterioration and unsightliness; to create fire hazards; to create a harborage for rodents and insects; and to be injurious to the health, safety and general welfare. Therefore, the presence of such conditions on private or public property is declared to constitute a public nuisance which may be abated in accordance with the procedures outlined in RRMC 8.05.320 through 8.05.380. [Ord. 04-322-O § 49].

8.05.310 Nuisances affecting the public health.

No person may permit or cause a nuisance affecting the public health. The following are nuisances affecting the public health and shall be abated as provided in this chapter:

A. Privies. An open vault or privy constructed or maintained within the city, except those constructed or maintained in connection with construction or other temporary projects in accordance with the Oregon State Board of Health regulations.

B. Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests.

C. Water Pollution. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near such water in a manner that will cause harmful material to pollute the water.

D. Food. Decayed or unwholesome food which is offered for human consumption.

E. Odor. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition.

F. Surface Drainage. Drainage of liquid wastes from private premises.

G. Trackout. The deposition of mud, dirt and other debris on public roadways by motor vehicles; the material being so tracked onto public roadways.

1. Dust and Trackout Regulation. No person shall track out mud, dirt or other debris from public or private lands onto paved public roads without taking reasonable precautions to prevent such matter from becoming airborne or creating a public nuisance or health hazard. These precautions shall include prompt removal of all such materials from public streets. The city may require the imposition of building permit conditions for the prevention of trackout. Conditions imposed may include, but not be limited to:

a. The posting of a bond sufficient to assure available funds for road surface cleanup by the city if the contractor or permittee is negligent in cleanup of adjacent public roadways.

b. Street sweeping, vacuuming or other means of removing trackout materials from public roadways.

c. Installation of wheel washers at exits of major construction sites.

d. Use of temporary or permanent barricades to keep traffic off unpaved areas.

e. Require graveling of access roads on site.

f. Limit the use of public roadways by construction vehicles.

g. Issue a stop work order if trackout occurs and is not promptly corrected. [Ord. 04-322-O § 50].

8.05.320 Abatement – Notice.

A. Upon determination by the Rogue River police department that a nuisance as defined in this section or any other ordinance of the city exists, the police department shall forthwith cause a notice to be posted on the premises where the nuisance exists. In the case of a vacant lot, the city administrator shall mail a notice via registered or certified mail, postage prepaid, to the owner or person in control or possession of the property at the last known address of such owner or other person, directing the owner or person in control or possession of the property to abate such nuisance. The notice shall be dated with the date of the posting or mailing and a copy filed in a follow-up file to ensure a second notice is promptly sent if the city has not been notified within 10 days that the nuisance has been abated.

B. The notice to abate shall contain:

1. A description of the real property, by street address or otherwise, on which such nuisance exists.

2. A direction to abate the nuisance and to notify the city administrator that the nuisance has been removed or show that no nuisance exists within 10 days from the date of the notice.

3. A description of the nuisance.

4. A statement that unless such nuisance is removed and the city notified of the removal, the city may abate the nuisance and the cost of abatement shall be a lien against the property.

5. A statement that the owner or other person in possession or control of the property may protest the abatement by giving notice to the city administrator within 10 days from the date of the notice.

C. An error in the name or address of the owner or person in control or possession of the property or the use of a name other than that of the owner or other person shall not make the notice void and in such a case the posted notice shall be sufficient. [Ord. 04-322-O § 56].

8.05.330 Protest by owner.

A. The owner or person in control or possession protesting that no nuisance exists shall file with the city administrator a written statement that shall specify the basis for so protesting.

B. The statement shall be referred to the council as a part of the council’s regular agenda at the next succeeding meeting. At the time set for consideration of the abatement, the owner or other person may appear and be heard by the council, and the council shall thereupon determine whether or not a nuisance in fact exists and such determination shall be entered in the official minutes of the council. Council determination shall be required only in those cases where a written statement has been filed as provided.

C. If the council determines that a nuisance does in fact exist, the owner or other person shall within 10 days after such council determination abate the nuisance or be subject to the provisions of RRMC 8.05.340. [Ord. 04-322-O § 57].

8.05.340 Abatement by the city.

A. If, within the time allowed, the nuisance has not been abated by the owner or person in control or possession of the property, the city administrator may cause the nuisance to be abated.

B. The officer charged with abatement of such nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance.

C. The city administrator shall keep an accurate record of the expense incurred by the city in abating the nuisance and shall include therein a charge of 20 percent of the expense for administrative overhead. [Ord. 04-322-O § 58].

8.05.350 Abatement – Assessment costs.

A. The city administrator, by registered or certified mail, postage prepaid, shall forward to the owner and person in possession or control of the property 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 notice.

3. That if the owner or person in possession or control of the property objects to the cost of the abatement as indicated, he or she may file a notice of objection with the city administrator not more than 10 days from the date of the notice.

B. Upon expiration of 10 days after the date of notice, the council in the regular course of business shall hear and determine the objections to the costs to be assessed.

C. If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs as stated or as determined by the council shall be made by resolution and shall thereupon be entered in the docket of city liens, and upon such entry being made shall constitute a lien upon the property from which the nuisance was removed or abated.

D. The lien shall be enforced in the same manner as liens for street improvements are enforced, and shall bear interest at the rate of 12 percent per annum. Such interest shall commence to run from the date of the entry of the lien in the lien docket.

E. An error in the name of the owner or person in possession or control of the property shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property. [Ord. 04-322-O § 59].

8.05.360 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. 04-322-O § 60].

8.05.370 Summary abatement.

The procedure provided by this chapter is not exclusive, but is in addition to procedure approved by other chapters. The chief of the Rogue River fire district, the chief of police, or any other city official may proceed summarily to abate a health or other nuisance that imminently endangers human life or property. Summary abatement includes, but is not limited to, suspension of any and all city permits relating to construction on the site which is the source of the mud, dirt or debris. [Ord. 04-322-O § 61].

8.05.380 Separate violations.

A. Each day’s violation of a provision of this chapter constitutes a separate offense.

B. The abatement of a nuisance shall not constitute a penalty for violating this chapter, but shall be an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate a nuisance. However, abatement of a nuisance within the time provided from the date of notice to abate, or if a written protest has been filed then from the date of council determination that a nuisance exists, shall relieve the person responsible from the imposition of a fine under RRMC 8.05.290. [Ord. 04-322-O § 62].

Article VI. Abatement of Chronic Disorderly Properties

8.05.400 Purpose.

The purpose of this article is to provide a method for the city to hold persons who allow criminal activity or conditions to occur on their property responsible for their actions while protecting their property rights. [Ord. 17-400-O].

8.05.410 Definitions.

When not clearly otherwise indicated by the context, the following words and phrases as used in this article shall have the following meanings:

“Chief of police” means the chief of police of the city of Rogue River, Oregon.

“Chronic disorderly property” is defined as follows:

1. Property in the city limits on which three or more prohibited activities have occurred during any 60-day period.

2. Property in the city limits on which or within 200 feet of which any person associated with the property has engaged in three or more prohibited activities during any 60-day period.

“City” means the city of Rogue River, Oregon.

“City administrator” means the city administrator of the city of Rogue River, Oregon.

“Control” means the ability to regulate, restrain, dominate, counteract or govern conduct that occurs on a property.

“Court” means the Rogue River municipal court or any other court of competent jurisdiction.

“Permit” means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.

“Person associated with” includes any person who, on the occasion of a prohibited activity, has entered, patronized, or visited, or attempted to enter, patronize or visit, a property or person present on a property, including without limitation any officer, director, customer, agent, employee, or any independent contractor of a property, person in charge, or owner thereof.

“Person in charge” of property means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project.

“Prohibited activities” are defined as follows:

1. Harassment as defined in ORS 166.065(1)(a) or the city code.

2. Intimidation as provided in ORS 166.155 to 166.165.

3. Disorderly conduct as provided in ORS 166.025 or the city code.

4. Assault or menacing as provided in ORS 163.160, 163.165, 163.175, 163.185, or 163.190.

5. Sexual abuse, contributing to the delinquency of a minor, or sexual misconduct as provided in ORS 163.415, 163.425, 163.427, 163.435, or 163.445.

6. Public indecency as provided in ORS 163.465.

7. Prostitution or related offenses as provided in ORS 167.007, 167.012, and 167.017.

8. Alcoholic liquor violations as provided in ORS 471.105 to 471.482.

9. Offensive littering as provided in ORS 164.805.

10. Criminal trespass as provided in ORS 164.243, 164.245, 164.255, or 164.265.

11. Theft as provided in ORS 164.015 to 164.140.

12. Possession, manufacture, or delivery of a controlled substance or related offenses as provided in ORS 167.203, 475.005 to 475.285, or 475.940 to 475.995.

13. Illegal gambling as provided in ORS 167.117, 167.122, or 167.127.

14. Criminal mischief as provided in ORS 164.345 to 164.365.

15. Property which in addition to or in combination with the prescribed number and duration of prohibited activities, upon request for execution of a search warrant, has been the subject of a determination by a court that probable cause that possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, 475.005 to 475.285 and/or 475.940 to 475.995 have occurred.

16. Violating RRMC 8.05.230: keeping an animal that, by loud and frequent continued noise, disturbs the comfort and repose of a person in the vicinity.

17. Discharge of firearms in violation of RRMC 8.05.090.

18. Frequenting a place where controlled substances are used as provided in ORS 167.222.

“Property” means any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any residential premises, room, house, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent. For property consisting of more than one unit, property is limited to the unit or the portion of the property on which any prohibited activity has occurred or is occurring, but includes areas of the property used in common by all units of property including without limitation other structures erected on the property and areas used for parking, loading and landscaping. [Ord. 17-400-O].

8.05.420 Violations.

A. Property within the city limits that is a chronic disorderly property is in violation of RRMC 8.05.400 to 8.05.480 and subject to their remedies.

B. Any person in charge of such property who permits the property to be a chronic disorderly property is in violation of RRMC 8.05.400 to 8.05.480 and subject to their remedies. [Ord. 17-400-O].

8.05.430 Procedure.

A. When the chief of police or his designee receives two or more reports documenting the occurrence of prohibited activity on or within 200 feet of a property within the city limits, the chief of police or his designee shall independently review the reports to determine whether they describe prohibited activities enumerated in this code under this chapter. Upon such a finding the chief of police or his designee may:

1. Notify the person in charge and property owner in writing that the property is in danger of becoming chronic disorderly property. The notice shall contain the following information:

a. The street address or legal description sufficient for identification of the property.

b. A statement that the chief of police has information that the property may be chronic disorderly property, with a concise description of the prohibited activities that may exist, or that have occurred. The chief of police shall offer the person in charge an opportunity to propose a course of action that the chief of police agrees will abate the prohibited activities giving rise to the violation.

c. Demand that the person in charge respond to the chief of police within 10 days to discuss the prohibited activities.

B. When the chief of police receives a report documenting the occurrence of a fourth prohibited activity at or within 200 feet of a property in a residential neighborhood within a 60-day period and determines that the property has become chronic disorderly property, the chief of police shall:

1. Notify the person in charge in writing that the property is a chronic disorderly property. The notice shall contain the following information:

a. The street address or legal description sufficient for identification of the property.

b. A statement that the chief of police has determined the property to be chronic disorderly property with a concise description of the prohibited activities leading to the findings.

c. Demand that the person in charge respond within 14 days to the chief of police and propose a course of action that the chief of police agrees will abate the prohibited activities giving rise to the violation.

d. Service shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person in charge at the address of the property believed to be a chronic disorderly property, or any other place which is likely to give the person in charge notice of the determination by the chief of police.

e. A copy of the notice shall be served on the owner at the address shown on the tax rolls of the county in which the property is located, and the occupant, at the address of the property, if these persons are different from the person in charge, and shall be made either personally or by first class mail, postage prepaid.

f. A copy of the notice shall be posted at the property.

g. The failure of any person to receive notice that the property may be a chronic disorderly property shall not invalidate or otherwise affect the proceedings under RRMC 8.05.400 to 8.05.480.

2. Chronic disorderly property, as defined by RRMC 8.05.410, shall be subject to the notification requirements of subsections (A) and (B) of this section.

3. If, after the notification, but prior to the commencement of legal proceedings by the city pursuant to RRMC 8.05.400 to 8.05.480, a person in charge stipulates to the chief of police that the person in charge will pursue a course of action the parties agree will abate the prohibited activities giving rise to the violation, the chief of police may agree to postpone legal proceedings for a period of not less than 10 days nor more than 30 days. If the agreed course of action does not result in the abatement of the prohibited activity or if no agreement concerning abatement is reached within 30 days, the chief of police may refer the matter to the city administrator for review.

4. Concurrent with the notification procedures set forth in subsections (A) and (B) of this section, the chief of police shall send copies of the notice, as well as any other documentation which supports legal proceedings against the property, to the city administrator.

C. When a person in charge makes a response to the chief of police as required by subsection (B)(1)(c) of this section, any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any prohibited activities have or are occurring. This subsection does not require the exclusion of any evidence that is otherwise admissible or offered for any other purpose. [Ord. 17-400-O].

8.05.440 Burden of proof – Defenses – Mitigation of civil penalty.

A. In an action for chronic disorderly property, the city shall have the initial burden of proof to show by a preponderance of the evidence that the property is chronic disorderly property.

B. It is a defense to an action for chronic disorderly property that the person in charge at all material times could not, in the exercise of reasonable care or diligence, determine that the property had become chronic disorderly property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the determination that the property is chronic disorderly property.

C. In establishing the amount of any civil penalty requested, the court may consider any of the following factors and shall cite those found applicable:

1. The actions taken by the person in charge to mitigate or correct the prohibited activities at the property;

2. The length of time that the prohibited activity has been going on and whether the problem at the property was repeated or continuous;

3. The magnitude or gravity of the problem;

4. The cost to the city of investigating and correcting or attempting to correct the prohibited activities;

5. Any other factor deemed by the court to be relevant. [Ord. 17-400-O].

8.05.450 Closure during pendency of action – Emergency closures.

Any emergency closure proceeding initiated under this provision shall be based on evidence showing that prohibited activities have occurred on the property and that emergency action is necessary to avoid an immediate threat to public welfare and safety. Proceedings to obtain an order of emergency closure shall be governed by the provisions of ORCP 79 for obtaining temporary restraining orders. In such an event the notice procedures set forth in RRMC 8.05.430(B) need not be complied with. [Ord. 17-400-O].

8.05.460 Commencement of actions – Remedies.

A. The city administrator may authorize the city attorney to commence legal proceedings to enjoin or abate chronic disorderly property and to seek closure, the imposition of civil penalties against any or all of the persons in charge of the property, and any other relief deemed appropriate.

B. If, after the commencement but prior to the trial of an action or suit brought by the city pursuant to RRMC 8.05.400 to 8.05.430, a person in charge of chronic disorderly property stipulates to the city that he or she will pursue a course of action the parties agree will abate the prohibited activities giving rise to the violation, the city may agree to stay proceedings for a period of not less than 10 days nor more than 60 days. The person in charge or the city may thereafter petition the court for additional like periods of time as may be necessary to complete the action to abate the prohibited activities. However, if the city reasonably believes the person in charge of a property is not diligently pursuing the action necessary to abate the prohibited activities, the city may apply to the court for release from the stay and may seek relief deemed appropriate.

C. If a court determines property to be chronic disorderly property, the court shall order that the property be closed and secured against all access, use and occupancy for a period of not less than three months, nor more than one year. The court shall retain jurisdiction during any period of closure. The person in charge may petition the court for an order reducing the period of closure if the person in charge and the city stipulate that the nuisance has been and will continue to be abated.

D. If a property is found to be chronic disorderly property in violation of RRMC 8.05.420, the person in charge of the chronic disorderly property is subject to a civil penalty of up to $100.00 per day for each day prohibited activities occur on the property, following notice pursuant to RRMC 8.05.430(B).

E. Nothing in these provisions shall require any conviction for criminal activities prior to the commencement of any action provided herein. [Ord. 17-400-O].

8.05.470 Enforcement.

A. The court may authorize the city to physically secure the property against all access, use or occupancy if the person in charge fails to do so within the time specified by the court. If the city is authorized to secure the property, all costs reasonably incurred by the city to physically secure the property shall be paid to the city by the person in charge and may be included in the city’s money judgment. As used in this subsection, “costs” means those costs actually incurred by the city for physically securing the property, as well as tenant relocation costs pursuant to subsection (E) of this section.

B. The city shall prepare a statement of the costs expended for physically securing the property and submit that statement to the court for its review. If no objection to the statement is made within the period prescribed by ORCP 68, the statement of costs shall be included in the city’s money judgment.

C. Judgments imposed by RRMC 8.05.420 to 8.05.480 shall bear interest at the rate of nine percent per year from the date the judgment is entered.

D. Any person who is assessed the costs of physically securing the property by the court shall be personally liable for the payment of costs to the city.

E. The person in charge shall pay reasonable relocation costs of a tenant, if, without actual notice, the tenant moved into the property after either:

1. A person in charge received notice from the chief of police of the determination pursuant to RRMC 8.05.430(B); or

2. A person in charge received notice of an action brought pursuant to RRMC 8.05.460. [Ord. 23-418-O § 25; Ord. 17-400-O].

8.05.480 Attorney fees.

In any action pursuant to RRMC 8.05.400 to 8.05.480, the court may award attorney’s fees to the prevailing party. [Ord. 17-400-O].

8.05.490 Abatement – Assessment costs.

A. The city administrator, by registered or certified mail, postage prepaid, shall forward to the owner and person in possession or control of the property 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 notice.

B. Upon expiration of 10 days after the date of notice, the council in the regular course of business shall hear and determine the objections to the costs to be assessed.

8.05.500 Enforcement procedures for violations.

The city of Rogue River adopts and incorporates by reference herein the Oregon Revised Statutes regarding procedures for processing violations as described in ORS 153.005 to 153.161. Therefore, the Rogue River Municipal Code hereby authorizes city of Rogue River employees to process violations pursuant to state law per the above listed sections. [Ord. 17-400-O].

8.05.510 Severability clause.

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. [Ord. 17-400-O].