Chapter 8.12 NUISANCES

A. “Certificate of fitness” means a certificate issued for a particular property by the Oregon Health Division following a satisfactory site characterization by a licensed drug laboratory decontamination contractor, sampling and testing by an independent third party approved by the Oregon Health Division, and any necessary contamination reduction of the property by such licensed contractor. The certificate authorizes removal of the property from the State Building Codes Division’s “unfit for use” listing and allows reuse of the property.

B. “Enforcement official” means a city employee assigned by the city manager or designee to perform the requirements of this chapter.

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

D. “Person in charge of property” means an agent, occupant, lessee, contract purchaser, or person, other than the owner, having possession or control of the property. In the case of property subject to foreclosure as a result of bankruptcy or default of the legal owner, the city may deem the “person in charge of the property” to be the person, other than the legal owner, who has a primary lien, security, or mortgage interest in possession or control of the property or who is the deed of trust beneficiary of the property.

E. “Person responsible” or “responsible person” means the owner or person in charge of the property.

F. “Pollution” means the contamination or other alteration of any water’s physical, chemical or biological properties by the addition of any constituent and includes, but is not limited to, a change in temperature, color, turbidity, taste or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare or environment, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to animals, birds, fish or other aquatic life.

G. “Public place” means any building, place or accommodation, whether publicly or privately owned, open and available to the public.

H. “Unfit for use” is a designation by the Oregon Health Division that means that the property has been found to be, or there are reasonable grounds to believe that the property was, the site of illegal drug manufacture and may be contaminated with hazardous chemicals or substances and therefore is not fit to use until appropriate site assessment and any necessary contamination reduction procedures have been performed by a licensed drug laboratory decontamination contractor.

I. “Waterway” means any and all rivers, streams, creeks, lakes, reservoirs, ponds, wetlands, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the city of Cottage Grove or state of Oregon which are not entirely confined and retained upon the property of a single person. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.015 Culpability.

In order to obtain a conviction for violation of the provisions of this chapter and impose penalties provided in Sections 8.12.230 and 8.12.240, the city must prove that the defendant knowingly or recklessly allowed, caused, created, or permitted the alleged nuisance. (Ord. 3089 §1(part), 2018: Ord. 2934 §2, 2006)

II. NUISANCES AFFECTING PUBLIC HEALTH

8.12.020 Prohibited health hazards.

No person shall allow, cause, create, permit or suffer a nuisance affecting public health on private or public property. The following are not exclusive but illustrative of nuisances affecting public health and may be abated as provided in this chapter:

A. Open vaults or privies constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with State Health Division regulations.

B. Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time.

C. Putrescible wastes not removed at least every seven days.

D. Stagnant water that affords a breeding place for mosquitoes and other insect pests.

E. Pollution of a waterway, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that causes or would be likely to cause harmful material to pollute the water.

F. Decayed or unwholesome food offered for human consumption.

G. An outside toilet, cesspool, septic tank, barn, stable, corral, pen, chicken coop, rabbit hutch, compost, or other premises that are in such a state or condition as to cause an offensive odor or that are in an unsanitary condition.

H. Liquid wastes drained from private premises.

I. Mastics, fat, oil, grease or petroleum products or any other illicit discharge allowed to be introduced into the sanitary or stormwater system by a user.

J. Petroleum-contaminated soil placed or stockpiled on private or public property. “Petroleum-contaminated soil” shall be defined as material containing benzene, ethylbenzene, toluene, xylene or TPH (total petroleum hydrocarbons) in concentrations equal to or exceeding the minimum concentrations established by the Oregon Department of Environmental Quality for petroleum-contaminated materials.

K. Animal carcasses on streets or private or public property.

L. Animals or birds afflicted with communicable diseases.

M. Animals or birds maintained, kept or housed in such a number as to create offensive odors or noise.

N. Animals or livestock running at large. (Ord. 3159 §2, 2022; Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

III. NUISANCES AFFECTING PUBLIC SAFETY

8.12.030 Attractive nuisances.

No person shall allow, cause, create, permit or suffer a nuisance affecting public safety on private or public property. The following are not exclusive but illustrative of nuisances affecting public safety and may be abated as provided in this chapter:

A. Woodpiles, wood, lumber, rocks, bricks, blocks or metal within the streets or alleys or upon the sidewalks or planting strips for a period of time longer than twenty-four hours after placement of such material without first obtaining a permit from the city engineer.

B. A container with a compartment of more than one-cubic-foot capacity with a door or lid that locks or fastens automatically when closed that cannot be easily opened from the inside, which is maintained, left or abandoned in a place accessible to children.

C. A well, cistern, cesspool, excavation or other hole of a depth of four feet or more and a top width of twelve inches or more uncovered, not fenced or otherwise without a suitable protective construction.

D. Unguarded machinery, equipment or other device that is appealing, dangerous and accessible to children.

E. Lumber, logs or pilings placed or stored in a manner to be appealing, dangerous and accessible to children. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.040 Noxious vegetation.

No person shall allow, cause, permit or suffer noxious vegetation on property or in the right-of-way of a street, alley or sidewalk abutting the property. Noxious vegetation must be cut down or destroyed as often as needed to prevent the creation of a health, fire or traffic hazard, or, in the case of weeds or other noxious vegetation, from maturing or from going to seed. Noxious vegetation includes but is not limited to:

A. Vegetation that is or is likely to become:

1. A health hazard;

2. A fire hazard;

3. A traffic hazard, because it impairs the view of a public right-of-way or otherwise makes the use of the thoroughfare hazardous; or

4. Grass or weeds exceeding twelve inches. Properties used for crop cultivation and livestock grazing are exempt from the tall grass and weeds provision if a five-foot-wide cut or cleared fire break surrounds the perimeter of the property.

B. Poison oak.

C. Poison ivy.

D. Blackberry bushes that extend into a public way or a pathway frequented by children, or cross a property line. (Ord. 3089 §1(part), 2018: Ord. 2889 §2(part), 2003; Ord. 2878 §2(part), 2003)

8.12.045 Hazardous vegetation.

A. No owner or person in charge of property shall allow vegetation which constitutes a fire hazard to be on said property or in the right-of-way of a public thoroughfare abutting the property from May 15th through November 1st of each year. Hazardous vegetation shall be cut down or destroyed as often as needed to prevent the creation of a fire hazard. Hazardous vegetation includes but is not limited to the following which is in a dry and combustible state or which in the opinion of the enforcement official otherwise constitutes a fire hazard (the fire chief or his designate at the South Lane County Fire and Rescue District may be consulted to determine a fire hazard):

1. Wild blackberry bushes;

2. Weeds more than twelve inches in height;

3. Grass more than twelve inches in height;

4. Vegetation that:

a. Is near combustibles; or

b. Is likely to endanger buildings or other property if fired; or

c. Increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by the enforcement official.

B. Exclusion of Agricultural Crops. The term "hazardous vegetation" does not include an agricultural crop, unless that crop is determined by the city manager or his designate to be a fire hazard as defined in this chapter.

C. The enforcement official may waive the requirements of this chapter where in his opinion strict compliance with the requirements would be impracticable as they apply to certain types of vegetation or to a certain parcel of real property. The requirements may only be waived as they apply after inspection of the property with the fire chief or his designate. For example, terrain, natural boundaries, and other factors may warrant cutting less than one hundred percent of the hazardous vegetation if doing so abates the fire hazard. (Ord. 3158 §1, 2022; Ord. 3089 §1(part), 2018: Ord. 2889 §2(part), 2003)

8.12.050 Unauthorized dumping.

A. No person shall deposit, on public or private property, rubbish, trash, debris, refuse 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 on a public way.

B. No person shall deposit trash, rubbish, debris, or refuse which was generated from a residence or business that did not result from a sanctioned park activity into public trash receptacles located in city parks. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.060 Trees, bushes and shrubs.

A. No person in charge of property shall allow or permit trees, bushes or shrubs on property abutting a street, alley or sidewalk to interfere with vehicular or pedestrian traffic. A person in charge of property shall keep all trees, bushes or shrubs on the premises, including the adjoining parking strip, trimmed so that any overhanging portions are at least eight feet above the sidewalk and at least thirteen feet, six inches above the roadway.

B. Trees, hedges and other shrubbery on corner lots shall be trimmed and maintained so as to permit the minimum vision clearance prescribed by Title 14. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.070 Fences.

A. Repealed by Ord. 2990.

B. No person shall allow, construct, permit, maintain or operate an electric fence in the city. (Ord. 3089 §1(part), 2018: Ord. 2990 §2, 2010; Ord. 2878 §2(part), 2003)

8.12.080 Surface waters and drainage.

A. No person shall permit rainwater, ice or snow to fall from a building or structure onto a street or public sidewalk or to flow across the sidewalk.

B. The person in charge of property shall install and maintain in a proper state of repair an adequate drainpipe or drainage system so that overflow water accumulating on the roof or about the building is not carried across or on the sidewalk or other property. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.090 Sidewalks.

A. The owner of real property abutting a sidewalk shall maintain the sidewalk in good repair and safe condition.

B. No owner or person in charge of any premises, improved or unimproved, abutting upon any public sidewalk shall permit snow or ice to remain on such sidewalk for a longer period than the first two hours of daylight after the snow has fallen. It shall be the duty of the person to remove any ice or snow accumulating on such sidewalk or to properly cover it with sand, ashes or other suitable material to assure safe travel.

C. No owner or person in charge of any premises, improved or unimproved, abutting upon any sidewalk shall permit leaves, rubbish, dirt and other litter or obstructions on such sidewalk.

D. The provisions of this section do not apply to authorized construction projects; provided, that during the course of construction reasonable safeguards are maintained to prevent injury or death to persons. (Ord. 3089 §1(part), 2018: Ord. 2983 §2, 2009: Ord. 2878 §2(part), 2003)

8.12.095 Liability for sidewalk injuries.

A. The owner of real property abutting a sidewalk shall be liable to any person injured because of failure by the owner to maintain the sidewalk in good repair and safe condition.

B. If the city is required to pay damages for an injury to any person caused by the failure of an owner to maintain a sidewalk in good repair or safe condition, the owner shall reimburse the city for the amount of the damages thus paid and for the attorney fees and costs, including appeal fees and costs of defending against the claim for damages. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section. (Ord. 3089 §1(part), 2018: Ord. 2983 §3, 2009)

IV. NUISANCES AFFECTING PUBLIC WELFARE

8.12.100 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 shall not apply to electrical and radio devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.110 Unreasonable noise.

No person shall allow, cause, create or permit the continuance of unreasonable noise. The following enumerated noises are not exclusive but illustrative of unreasonable noises:

A. The keeping of an animal that by loud and frequent or continued noise disturbs the comfort and repose of a person in the vicinity.

B. The use of an engine, machine or device which is so constructed, out of repair or operated in such a manner as to create a loud or unreasonable grating, grinding, rattling or other noise.

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

D. The construction, including excavation, demolition, alteration or repair, of a building, vehicle or equipment other than between the hours of seven a.m. and nine p.m. except with a permit issued by the city manager.

E. The use or operation of an automatic piano, electric instrument, phonograph, loudspeaker, stereo or sound amplifying device so loudly as to disturb persons at least five feet beyond the property on which the sound originates as per allowed decibel levels designated in ORS 467.

F. Sound produced in conjunction with officially organized sporting events, parades, festivals, fairs and other events issued a permit from the city manager is exempt from the noise limitations. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.115 Graffiti.

No owner or occupant of any real property shall permit graffiti (as defined in ORS 164.381(1)) to remain upon any permanently fixed object on the owner’s or occupant’s property for a period exceeding ten days after notice of graffiti’s existence. (Ord. 3089 §1(part), 2018: Ord. 3030 §2, 2013)

8.12.120 Accumulation of debris and materials.

No person shall allow, cause, permit or suffer any old or scrap copper, brass, pipe, rope, wire, rags, batteries, paper, plastic, rubber, trash, debris, waste, or junked, dismantled, wrecked, scrapped or ruined appliances, motor vehicle parts, iron, steel, or other old or scrap ferrous or nonferrous material, metal or nonmetal materials to accumulate on private property within the sight of the public. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.130 Notices and advertisements.

A. No person shall affix or cause to be distributed any placard, bill, advertisement or poster upon any real or personal property, public or private, without first securing permission from the owner or person in charge of the property.

B. No person shall either as principal or agent scatter, deposit or distribute on the streets, sidewalks or other public places or upon any private property any placards or advertisements whatsoever.

C. Any placard, bill, advertisement or poster found posted or otherwise affixed upon any public property contrary to the provisions of this section may be removed by any employee of the city. The person responsible for such illegal posting shall be liable for the cost incurred in its removal.

D. This section shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the city regulating the use of and location of signs and advertising.

E. This section shall not be construed to prohibit the distribution of advertising material during any parade or approved public gathering. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.140 Properties declared “unfit for use” due to illegal drug manufacturing contamination.

A. Property placed on the Oregon Health Division “Unfit for use” list pursuant to ORS 453.879 because it has been used for the manufacture of illegal drugs shall be considered a nuisance ninety days after it has been listed and shall remain a nuisance until such time as it is issued a “certificate of fitness” by the Oregon Health Division, and no responsible person shall cause or permit such a condition to exist.

B. A failure to comply with this section shall be cause for a responsible person to be subject to the administrative enforcement procedures set forth in this chapter. The imposition of a penalty does not relieve a responsible person of the duty to abate the nuisance. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.145 Vacant, derelict, and dangerous structures.

This section provides methods whereby buildings or structures which, for any reason, endanger the health, property, safety, or welfare of the general public or the occupants of the building or structure, shall be required to be repaired, vacated, or demolished.

A. Administration, Inspections, and Right of Entry.

1. The public works director has the power to render interpretations of this section and to enforce rules and create supplemental guidance in order to clarify the application of the provisions of this section.

2. The enforcement official is authorized to enforce the provisions of this section.

3. When necessary to make an inspection to enforce the requirements imposed by the terms of this section, or when the enforcement official has reasonable cause to believe there exists in a building a condition which is contrary to or in violation of this section, making the building or structure unsafe, dangerous, or hazardous, the enforcement official may enter the building or premises at a reasonable time to inspect or to perform the duties imposed by this section. Before entering any site or structure for the purposes of inspection or abatement, the enforcement official will first obtain consent from a responsible person(s) for the premises or obtain an administrative search warrant from the city’s municipal court.

B. Vacant Structures.

1. A "vacant structure" means a structure or building that has not been lawfully occupied for more than thirty days. Vacant structures must be secured to prevent unauthorized entry by a person or persons and must be maintained according to city code.

2. Enforcement official(s) may declare a vacant structure to be a public nuisance if the structure is not maintained according to the city’s code or has been repeatedly entered by an unauthorized person or persons and, in addition to findings in support of one or both of the foregoing, upon observation and documentation of one or more of the following indicators of vacancy:

a. Visibly overgrown or dead vegetation at the property;

b. Visible accumulation of newspapers, circulars, flyers or mail;

c. Visible accumulation of trash, junk or debris;

d. Unsecured premises allowing unauthorized person(s) through any doors, windows, or apertures of the building or structure;

e. Yard areas of vacant buildings or structures not maintained in a condition that complies with the city code; or

f. A failure of responsible person(s) to respond to city inquiry of vacancy status or notices of code violations.

3. Enforcement official(s) may find, in addition to factors described in subsection (B)(2) of this section, the following indicators of vacancy. However, absent findings in accordance with subsection (B)(2) of this section, these indicators, one or both, are not sufficient to warrant declaration of a public nuisance:

a. Absence of typical household furnishing consistent with active residential habitation; or

b. Statements taken from neighbors, delivery agents or government employees that the property is vacant.

C. Derelict Structures.

1. Derelict structures are public nuisances.

2. A derelict structure means a structure or building with one or more of the following conditions:

a. One or more unresolved code violations;

b. Documented occupation by unauthorized persons;

c. Unrepaired property or structural damage caused more than thirty days ago by fire, wind, water or other natural causes; or

d. Unpermitted repairs, construction, or redevelopment.

D. Dangerous Structures.

1. Dangerous structures are public nuisances and must be repaired or demolished by the responsible person(s).

2. Declaring a structure as dangerous will involve the building official as necessary to determine compliance with building specialty codes adopted by the city.

3. A "dangerous structure" means any building, structure, or portion of a building or structure that has any condition in which public or private property, or the life, health, or safety of the public or persons occupying the structure, is threatened or endangered. Examples of conditions that will be considered dangerous include the following:

a. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

b. Whenever the walking surface of any aisle, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

c. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building specialty code adopted by the city for new buildings of similar structure, purpose or location.

d. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building specialty code adopted by the city for new buildings of similar structure, purpose or location.

e. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

f. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof, is not of sufficient strength or stability, or is not so anchored, attached or fastened in place, so as to be capable of resisting a wind pressure of one-half of that specified in the building specialty code adopted by the city for new buildings of similar structure, purpose or location without exceeding the work stresses permitted in the building specialty code for such buildings.

g. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

h. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.

i. Whenever, for any reason, the building or structure, or portion thereof, is manifestly unsafe for the purpose for which it is being used.

j. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

k. Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

l. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

m. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified by city code or building specialty code adopted by the city, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.

n. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty percent, or in any supporting part, member or portion less than sixty-six percent of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

o. Whenever a building or structure used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

p. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistant construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.

q. Whenever any building or structure is in such a condition as to constitute a public nuisance known to common law or in equity jurisprudence.

r. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

E. Abatement. After inspection, if a structure or building is determined to be a public nuisance as described above, then the enforcement official will commence proceedings to cause the repair, vacation, demolition, or any other required action. The enforcement official will comply with all procedural steps contained in this chapter, including summary abatement when warranted.

If a notice to abate requires vacation of the property, then an order to vacate will be posted on the premises. If a notice to abate requires repairs to abate the nuisance, then the notice will provide a date when the repairs must be physically commenced and a date when all repair work must be completed. If a notice to abate requires demolition of the property, then the notice will provide a date by which all permits must be obtained and a date when the demolition must be completed.

The dates set in the notices will be determined by the enforcement official on a case-by-case basis. (Ord. 3095 §1, 2018)

V. DECLARED PUBLIC NUISANCES

8.12.150 Declared public nuisances.

The acts, conditions or objects specifically enumerated and defined in Sections 8.12.010 through 8.12.145, inclusive, are declared public nuisances and may be abated by the procedures set forth in this chapter. In addition to those nuisances specifically enumerated within this chapter, every other thing, substance, condition or act which is determined by the city manager to be injurious or detrimental to the public health, safety, or welfare of the city is declared to be a nuisance and may be abated by the procedures set forth in this chapter. (Ord. 3095 §2, 2018: Ord. 3089 §1(part), 2018: Ord. 3043 §1, 2014: Ord. 2878 §2(part), 2003)

VI. ABATEMENT PROCEDURE

8.12.160 Notice to abate.

A. Upon determination by the enforcement official that a nuisance exists, as defined in this chapter or any other ordinance of the city, the city shall cause written notice to be posted on the premises where the nuisance exists, directing the owner or responsible person of the property to abate such nuisance.

B. At the time of posting, the city shall cause a copy of such notice to be forwarded by regular mail, postage prepaid, to the owner and/or person responsible at the last known address of such person(s) responsible. The city shall utilize the records of the county assessor, as necessary, to determine the 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 up to ten days from the date of the notice (three to five days if a health hazard is determined).

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 plus an administrative fee of one hundred dollars or ten percent of incurred expenses, whichever is greater, will be charged to the owner or person responsible and secured as a lien against the property, if unpaid.

5. A statement that the owner or person responsible may protest the notice to abate by giving written notice to the city manager within the specified abatement time frame set in the notice.

D. Certificate of Mailing and Posting. Upon completion of the posting and mailing, the person posting and mailing the notice shall execute and file a certificate stating the date and place of such mailing and posting.

E. Sufficiency of Posted Notice. An error in the name or address of the person responsible or the use of a name other than that of the person responsible shall not make the notice void and in such case the posted notice shall be sufficient. (Ord. 3089 §1(part), 2018: Ord. 3043 §2, 2014: Ord. 2878 §2(part), 2003)

8.12.170 Reserved.

(Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.180 Abatement by the person responsible.

A. Within the specified abatement time frame set within the notice, as provided in Section 8.12.160(C)(2), the responsible person shall abate the nuisance or protest that no nuisance exists pursuant to subsection C of this section.

B. The person responsible or property owner may request an extension of time from the enforcement official. The enforcement official may grant reasonable extensions or accommodations to the specified time frames.

C. If protesting that no nuisance exists, the person responsible shall file a written statement with the city manager why no nuisance exists within the specified abatement time frame.

D. The city manager shall review protests and determine whether or not a nuisance in fact exists, set a time frame for any needed abatement and notify the person responsible or the property owner of the city manager’s determination and the opportunity to appeal that determination to the city council within five business days via first class mail.

E. The owner or person responsible may appeal the city manager’s determination by giving written notice to the city recorder within five days of the date of the city manager’s determination.

F. The appeal shall be referred to the city council as a part of its next regular meeting. The person protesting may appear and be heard by the council. The council shall determine whether a nuisance in fact exists and set a time frame for any needed abatement of the nuisance. The determination shall be entered in the official minutes of the council.

G. If the council determines that a nuisance in fact exists, the person responsible shall abate the nuisance within the time frame specified by the council. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.190 Joint responsibility.

If more than one person is a person responsible for the nuisance, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance and administrative overhead as set by Section 8.12.200(C). (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.200 Abatement by the city.

A. If the nuisance has not been abated by the person responsible within the time allowed, the enforcement official may cause the nuisance to be abated.

B. Subject to first obtaining the person responsible’s consent or an administrative search warrant, the city officer charged with abatement of the nuisance shall have the right to enter into or upon property at reasonable times to investigate or cause removal of a nuisance.

C. The enforcement official shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include a charge for administrative costs equal to one hundred dollars or ten percent of expenses incurred, whichever is greater. (Ord. 3089 §1(part), 2018: Ord. 2984 §1(part), 2009; Ord. 2878 §2(part), 2003)

8.12.210 Assessment of costs.

A. The enforcement official shall forward to the owner and the person responsible, by certified mail, a notice of assessment stating:

1. The total cost of the abatement, including administrative costs.

2. That the costs as indicated will be assessed to and become a lien against the property unless paid within thirty days from the date of the notice.

3. That if the owner or the person responsible objects to the cost of the abatement as indicated, a notice of objection may be filed with the city manager not more than five days from the date of the notice of assessment.

B. If a written objection to the cost of the abatement is timely filed with the city recorder, the council, at its next regularly scheduled meeting, shall hear and determine the objections to the costs to be assessed. If a written objection to the cost of abatement is timely filed, the thirty-day period for payment of the costs shall be tolled between the date the objection is filed and the date the council renders its decision on the objection.

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

D. The lien shall be enforced pursuant to ORS 223.505 through 223.650, establishing the method of enforcing liens and collecting assessments, and shall bear interest at the current statutory rate or such lesser rate as the city council may establish by resolution. Such interest shall commence to run from the date of entry of the lien in the lien docket.

E. An error in the name of the owner or the person responsible or a failure to receive the notice of assessment will not void the assessment, and it shall remain a valid lien against the property. (Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.220 Summary abatement.

The enforcement official may proceed to abate a health or other nuisance which unmistakably exists and from which there is an imminent danger to human life, safety, property, or waterway without first giving notice and an opportunity to abate to the owner or person responsible, subject to the requirements of Section 8.12.200(B). The cost of such summary abatement shall be assessed against the owner of the real property on which the nuisance exists or from which the nuisance originates and, if unpaid, shall be a lien against the real property and may be enforced and collected by the same procedures as set forth in this chapter for abatement and assessment. The procedure provided by this chapter is not exclusive but is in addition to procedures provided by other city code provisions. (Ord. 3089 §1(part), 2018: Ord. 2984 §1(part), 2009; Ord. 2878 §2(part), 2003)

VII. GENERAL

8.12.230 Penalties.

A. In addition to the costs of abatement, a violation of any provision of this chapter, except violations related to Sections 8.12.145(C) and (D), upon conviction in municipal court, is punishable by a fine of up to five hundred dollars for each separate offense.

B. In addition to the costs of abatement, a violation related to Sections 8.12.145(C) or (D), upon conviction in municipal court, is punishable by a fine of up to one thousand dollars and may be assessed against the property or any responsible person(s) for failure to abate all city-identified conditions contributing to classification of a structure as a derelict or dangerous structure. (Ord. 3095 §3, 2018: Ord. 3089 §1(part), 2018: Ord. 2878 §2(part), 2003)

8.12.240 Separate violations.

A. Each day’s violation of a provision of this chapter constitutes 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 fine does not relieve a person of the duty to abate a nuisance. (Ord. 3089 §1(part), 2018: Ord. 3043 §3, 2014: Ord. 2878 §2(part), 2003)

VIII. CHRONIC NUISANCE PROPERTY

8.12.250 Short title.

This chapter shall be known as the city’s chronic nuisance property code and shall be so cited and pleaded. (Ord. 3196 §1 (Exh. A), 2025)

8.12.260 Purpose.

The city council has determined that any real property employed as the site of repeated criminal activity or nuisance activity is a nuisance and detrimental to the civil peace of the city, and detrimental to the health, safety and welfare of the people of Cottage Grove.

The city council has also determined that this chapter is necessary to preserve and protect the habitability of real property in Cottage Grove, and the peaceable, safe, sanitary, and secure occupancy and use of real property in Cottage Grove. (Ord. 3196 §1 (Exh. A), 2025)

8.12.270 Definitions.

As used in this chapter, except as the context otherwise requires:

A. "Abate" means affirmative actions to remove, to stop, or to prevent a nuisance by including but not limited to:

1. If by owner or person in charge:

a. Restricting or limiting noise, loitering, parking, or access to the property, including posting the property with signs indicating such restrictions;

b. Limiting the hours of operation of a business.

2. If by city:

a. All abatement actions available to owner or person in charge;

b. Closing the real property for not less than thirty days or more than one year;

c. Entering premises for purposes of removing, compelling the removal or destruction of the structure, object, substance, condition or property constituting a nuisance; and

d. Filing a civil complaint in a court of competent jurisdiction.

B. "Chronic nuisance property" means: real property upon which three or more instances of any combination of the below listed behaviors occur, or whose patrons, employees, residents, owners or occupants engage in three or more instances of any combination of the below listed behaviors within three hundred feet of the real property, during any twelve-month period. Each day (twenty-four-hour period) the below listed behaviors (the "nuisance activities") occur shall constitute a separate instance.

1. Possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS Chapter 475;

2. Any activity on the real property, the commission of which constitutes a misdemeanor or felony criminal offense, even if criminal charges have not been issued or a criminal case is pending but not yet resolved;

3. Arrests for criminal activity based on a warrant of any kind;

4. Unreasonable noise as defined in Section 8.12.110;

5. Ordinance or code violations, including but not limited to infractions and violations of the solid waste ordinance, where the violations appear to an enforcement officer, the building official, or the fire marshal to be reasonably likely to pose a threat to the health or safety of occupants or neighbors of the property or to the public at large;

6. Squatting by individuals without authority or right to be on the property, or other unlawful occupation or camping.

C. "Costs" means those costs actually incurred by the city for the physical securing of real property, court costs, and other expenses incurred in enforcing this chapter.

D. "Enforcement officer" means a city employee assigned by the city manager or designee to enforce the requirements of this chapter.

E. "Owner" means any person holding or claiming to hold any legal or equitable title or interest in real property, including, but not limited to, a mortgagee in possession, a vendee under a land sale contract, or a beneficiary under a deed of trust; any person having or claiming to have lawful care, custody, or control of real property; or any lien holder or holder of any security interest in the real property.

F. "Person" means any natural person, association, partnership, or corporation, or other form of legal entity or entity in fact capable of owning or using property.

G. "Person associated with the property" means any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit a property or any person present on a property. Person associated with the property includes, without limitation, any officer, director, customer, agent, employee, or any independent contractor of a property, the person in charge, or an owner of a property.

H. "Person in charge" means any person with actual or constructive possession of a real property, including but not limited to an owner or occupant of property under his or her ownership or control.

I. "Property" or "real property" means any real property, including but not limited to lots, parcels, buildings, houses, rooms, structures, or any separate part or portion thereof, whether temporary or permanent, and whether or not on the ground itself and any conveyance or any part or portion thereof.

J. "Reasonable grounds" means either:

1. Personal observation of a city enforcement officer; or

2. A determination by the enforcement officer or designee, either after an investigation or following a sworn statement of a person who personally witnessed the alleged incident and a determination that there are reasonable grounds to conclude that the alleged nuisance activities did, in fact, occur.

K. "Tenant" means a residential tenant as defined by the Oregon Residential Landlord and Tenant Act, and any other person holding real property under the terms of a lease. (Ord. 3196 §1 (Exh. A), 2025)

8.12.280 Nuisance declared.

A. Any real property used or maintained as a chronic nuisance property within Cottage Grove, Oregon, is declared to be a nuisance and shall be abated.

B. No owner, person associated with the property, or person in charge shall use or maintain or allow the use or maintenance of real property as chronic nuisance property.

C. No owner, person associated with the property, or person in charge shall use or occupy or allow or permit any person to use or occupy, by lease or otherwise, any real property during any period such property is subject to an order of closure pursuant to Section 8.12.320. (Ord. 3196 §1 (Exh. A), 2025)

8.12.290 Notice.

A. When the enforcement officer has reasonable grounds to believe that real property is being used or maintained in violation of Section 8.12.280, the enforcement officer may institute proceedings, including the remedy of property closure, as authorized by this chapter. In deciding whether to proceed, the enforcement officer shall consider whether the owner has reported the incidents and otherwise acted responsibly and whether proceeding would discourage future reporting and cooperation in discouraging unlawful behavior.

B. The enforcement officer shall provide preliminary notice of the institution of proceedings in the following manner:

1. The enforcement officer shall notify the person in charge in writing that the real property is believed to be a chronic nuisance property. The notice shall contain the following information:

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

b. A statement the real property is a chronic nuisance property, along with specific findings supporting the determination. The findings shall contain a concise description of the conditions establishing a violation of this chapter.

c. A demand that the person in charge respond within ten days to the enforcement officer by either describing the actions the person in charge intends to take to abate the nuisance activities, or indicating good cause as to why the person in charge cannot abate the nuisance activities, or contesting the determination of the enforcement officer to the city council.

d. That an agreed abatement plan must be reached with the enforcement officer or designee within thirty days from the date of the notice of determination of chronic nuisance property.

e. That if the nuisance activities are not abated and good cause for failure to abate is not shown, a violation citation may be issued or the matter may be referred to the city prosecutor or city attorney to seek any remedy deemed to be appropriate to abate the nuisance activities.

f. That permitting chronic nuisance property is a violation of this chapter.

g. That the above remedies are in addition to those otherwise provided by law.

2. A copy of the notice shall be served on the person in charge at least ten days prior to commencement of an enforcement action. Service of the notice shall be made by personal delivery or by mailing a copy of the notice by certified mail to the owner at the address as it appears on the tax rolls and the address as it appears on the last recorded instrument of conveyance, if different from the address specified on the tax rolls, and to the owner’s actual address, if known to be different than the above.

3. A copy of the notice shall be served on the occupant or occupants of the real property not less than ten days prior to commencement of an enforcement action. Notice shall be made by mailing a copy of the notice by first class mail, or by personal delivery to the occupant or occupants of the real property.

4. A copy of the notice may be posted at the real property if ten days have elapsed from the service of the person in charge or mailing of the notice to the owner, and no response has been received by the enforcement officer during that time.

5. The failure of any person to receive notice required by this section shall not invalidate or otherwise affect proceedings under this article. An error in the name or address of any person or the use of a name other than that of the intended person shall not make a notice void and in such case posted notice shall be sufficient.

C. After notice has been given pursuant to this section, the enforcement officer or his or her designee may cite the owner for violating this chapter or request that the city manager refer the matter to the city prosecutor or city attorney for filing a complaint in the Cottage Grove municipal court as authorized by this chapter.

Nothing in this section shall limit the power of city at any time to enter into an agreement with the owner of the real property for voluntary abatement of the conditions giving rise to the violation. (Ord. 3196 §1 (Exh. A), 2025)

8.12.300 Abatement proceedings.

A. This chapter shall be enforced by a city enforcement officer, unless referred to the city prosecutor or city attorney for action in the Cottage Grove municipal court as authorized by this chapter.

B. If, prior to the trial, the owner and the city enter into an agreement, stipulating to the abatement of the conditions giving rise to the enforcement action, the court, upon motion by the city, may stay proceedings for a period not to exceed sixty days. The owner may thereafter petition the court for additional periods of time as may be necessary to complete the actions stipulated to in the agreement. If the owner is not diligently pursuing the actions stipulated in the agreement, the city may apply for release at any time prior to the end of the stay. (Ord. 3196 §1 (Exh. A), 2025)

8.12.310 Emergency closures.

If the enforcement officer determines real property is an immediate threat to the public safety and welfare by virtue of activity which would establish a violation of this article, the city may apply to the court for a preliminary injunction ordering closure of the real property. In such event, no preliminary notice required under Section 8.12.290 need be given. (Ord. 3196 §1 (Exh. A), 2025)

8.12.320 Closure order, civil penalties and costs.

A. If an enforcement action is commenced in municipal court and the real property is determined to be a nuisance, the court may order closure of such property for a period of up to one year, and assess a civil penalty against the owner of up to five hundred dollars upon a finding that, prior to notice under Section 8.12.290(B), the owner had no knowledge of activities or conditions constituting the violation, and up to one thousand dollars upon finding that, prior to notice under Section 8.12.290(B), the owner had knowledge of activities or conditions constituting the violation. A person shall be deemed to have knowledge at a date no later than the date notice is provided pursuant to Section 8.12.290. In establishing the amount of any civil penalty, the court may consider the following factors:

1. The actions taken by the owner to mitigate or correct the problem at the real property;

2. The financial condition of the owner;

3. Whether the problem at the real property was repeated or continuous;

4. The magnitude or gravity of the problem;

5. The economic or financial benefits accruing or likely to accrue to the owner as a result of the failure to correct conditions at the real property;

6. The cooperativeness of the owner with city;

7. The costs to the city of investigating and correcting or attempting to correct the condition;

8. Any other factors deemed material by the court.

B. If an order of closure is granted, the city may physically secure the real property against use or occupancy if the owner fails to do so within the time specified by the order. All costs reasonably incurred by the city in such action shall be a lien upon the property from the time notice specifying the costs is filed on record.

C. The city shall prepare a statement of costs, which shall be served on the owner and filed with the court. If no objection to the statement is filed with the court within fourteen days of the date of service, the statement of costs shall be entered as part of the judgment, and a certified copy filed as a lien against the real property in the city’s lien docket.

D. A notice of pendency of an action may be filed pursuant to ORS 93.740.

E. Any prevailing party may be entitled to reasonable attorney fees. (Ord. 3196 §1 (Exh. A), 2025)

8.12.330 Relocation costs.

A. Except as provided in subsection C of this section, any tenant required to relocate by closure order is entitled to reasonable relocation costs, to be paid by the owner, if the tenant moved into the real property after either:

1. The owner received notice under Section 8.12.290; or

2. The owner was served with summons and complaint for a preliminary injunction under Section 8.12.310.

B. Any tenant claiming to be aggrieved by a landlord’s noncompliance with this section has a cause of action in Lane County circuit court for damages and such other remedies as may be appropriate. In any action to recover relocation costs, the tenant shall be entitled to reasonable attorney fees associated with the recovery.

C. A tenant shall not be entitled to relocation costs if the owner provided the tenant with a copy of the notice given to the owner under Section 8.12.290 or a copy of the complaint for a preliminary injunction filed pursuant to Section 8.12.310 before the tenant moved into the real property; or the tenant took part in any of the behavior that constituted an incident on the real property qualifying as a "nuisance activity" within the definition of "chronic nuisance property" in Section 8.12.270. (Ord. 3196 §1 (Exh. A), 2025)

8.12.340 Relief from closure order.

A. The owner of real property may obtain relief from a closure order if the owner:

1. Appears and pays all costs associated with the proceedings;

2. Files a bond, in the amount not less than the tax assessed value of the real property, and keeps such bond in force for a period of not less than one year; and

3. Enters into a stipulation with the city to immediately abate the conditions and to make every reasonable effort to prevent the same or similar conditions from occurring for a period of one year.

B. If the owner violates any term of the stipulation entered into according to subsection A of this section, the entire bond shall be forfeited to the city of Cottage Grove. (Ord. 3196 §1 (Exh. A), 2025)

8.12.350 Other remedies.

Nothing in this article shall limit the authority of city and its public officials from taking any other action to restrain or enjoin a nuisance which may be provided by state or local law. (Ord. 3196 §1 (Exh. A), 2025)