Chapter 5.05
NUISANCES

Sections:

I. GENERAL PROVISIONS

5.05.010    Short Title.

5.05.015    Definitions.

5.05.017    Sidewalks and Curbs; Abutting Property Owner’s Duties and Liabilities.

5.05.018    Unsafe Sidewalks, Curbs and Monolithic Curbs and Gutters.

II. ANIMAL NUISANCES

5.05.020    Dangerous Animals.

5.05.025    Livestock and Poultry.

5.05.030    Animals at Large.

5.05.033    Removal of Animal Excrement.

5.05.035    Removal of Carcasses.

5.05.037    Definitions.

5.05.040    Keeping of Certain Animals Prohibited.

5.05.043    Exceptions.

III. NUISANCES AFFECTING PUBLIC HEALTH AND SAFETY

5.05.045    Repealed.

IV. NUISANCES AFFECTING PUBLIC HEALTH

5.05.050    Nuisances Affecting the Public Health.

V. NUISANCES AFFECTING PUBLIC SAFETY

5.05.075    Abandoned Iceboxes.

5.05.080    Attractive Nuisances.

5.05.081    Vacant Buildings.

5.05.085    Snow and Ice Removal.

5.05.090    Noxious Vegetation.

5.05.093    Graffiti.

5.05.095    Rubbish.

5.05.098    Vegetation and the Public Right-of-Way.

5.05.100    Purpose and Scope of BC 5.05.100 through 5.05.104.

5.05.101    Planting and Maintenance of Trees.

5.05.102    Standards for Maintenance and Removal of Trees.

5.05.103    City May Act on Notice.

5.05.104    Liability and Indemnity: Penalties.

5.05.105    Fences.

5.05.110    Surface Waters; Drainage.

5.05.115    Obstructing Public Right-of-Way.

5.05.116    Obstructing Public Easements.

5.05.117    Camping Prohibited on the Public Right-of-Way.

5.05.118    Notice of Campsite Cleanup and Storage of Personal Property.

VI. NUISANCES AFFECTING THE PUBLIC PEACE

5.05.120    Definitions.

5.05.125    Radio and Television Interference.

5.05.130    Repealed.

5.05.133    Exterior Lighting.

5.05.135    Notices and Advertisements.

5.05.136    Posting Notices or Advertisements.

5.05.140    Declaration of Nuisance.

5.05.145    General Nuisance.

VII. VEHICLES AS A PUBLIC NUISANCE

5.05.150    Discarded Vehicle.

5.05.152    Trucks in a Residential Area.

5.05.155    Prohibited Action.

5.05.160    Abatement of Vehicle Nuisances.

5.05.165    Disposition of Vehicle Nuisances.

VIII. ABATEMENT PROCEDURES

5.05.200    Abatement Notice.

5.05.205    Abatement by a Person Responsible.

5.05.210    Abatement by the City.

5.05.215    Assessment of Costs and Entry of Lien.

5.05.220    Abatement: Joint Responsibility.

5.05.225    Abatement: Noxious Vegetation.

5.05.227    Other Methods of Collection of Costs.

5.05.230    Summary Abatement.

5.05.255    Violations.

5.05.260    Separate Violations.

I. GENERAL PROVISIONS

5.05.010 Short Title.

BC 5.05.010 through 5.05.260 shall be known and may be cited as the “Nuisance Ordinance” and may also be referred to herein as “this ordinance”.

5.05.015 Definitions.

For the purposes of this ordinance, the following mean:

Adjacent – Nearby or close to. A street tree shall be considered adjacent to property if the tree would be within the lateral boundaries of the property if those boundaries were extended to meet the nearest portion of roadway.

Animal at large – An animal off or outside the premises of the owner or person in charge of the animal, not restrained by a rope, line, leash, chain, or other similar means, or not under the immediate control, restraint, and command of the person or its owner.

Bicycle Path – The portion of the public right-of-way that is not part of a roadway and is designated by official signs or markings for use by persons riding bicycles.

City representative – The City Manager’s designee responsible for representing the City’s interest in a nuisance abatement proceeding.

Costs – The expense of removing, storing, or disposing of nuisances, including a charge of 20 percent of the expense for administrative overhead.

Discarded vehicle – A vehicle that is not operable on a public street, wrecked, dismantled, partially dismantled, abandoned or junked or major parts of discarded vehicles including, but not limited to, bodies, engines, transmissions and rear ends.

Person in charge of property – An agent, occupant, lessee, tenant, contract purchaser, or other person having possession or control of property or the supervision of any construction project.

Person responsible – The person responsible for abating a nuisance includes:

A. the owner of the property;

B. the person in charge of property as defined above; or

C. the person who caused a nuisance to come into or continue in existence.

Pruning – Cutting or removing less than 20 percent of the branching structure of a plant in either the crown, trunk or root areas.

Public place – A building, way, place or accommodation, whether or not privately or publicly owned, open and available to the general public.

Public right-of-way – Land that by deed, conveyance, agreement, easement, dedication, usage or process of law is conveyed, reserved for or dedicated to the use of the general public for street, road or highway purposes, including curbs, gutters, parking strips, pedestrian ways, and sidewalks and bicycle trails.

Removal – Cutting or removing 20 percent or more of the crown, trunk or root system of a plant.

Roadway – The portion of the public right-of-way that is improved and designed for use by motor vehicles.

Sidewalk – The portion of the public right-of-way designed for preferential or exclusive use by a pedestrian.

Top or Topped – Cutting or removing the terminal leaders in the crown of an ornamental shade or flowering tree or conifer to an extent that removes the normal canopy and disfigures the tree.

Vehicle – Every device in, on or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively on stationery rails or tracks. [BC 5.05.015, amended by Ordinance No. 3842, 4/12/93; Ordinance No. 3872, 11/1/93; Ordinance No. 4794, 12/1/20]

5.05.017 Sidewalks and Curbs; Abutting Property Owner’s Duties and Liabilities.

A. Property owners shall maintain at all times any sidewalk or curb adjacent to their land in a reasonably safe condition and shall be liable for any damage or injury by a failure to do so. Nothing contained in this ordinance is intended to alter the duties and liabilities imposed by this section or by BC 3.06.015.

B. No recourse whatsoever shall be had against the City, its Council, City Manager, employees or agents for damage or loss to person or property arising out of the negligent or otherwise harmful maintenance of any sidewalk or curb described in subsection A of this section.

C. A property owner described in subsection A of this section shall indemnify, defend and hold the City, its Council, City Manager, employees and agents harmless against any claim, suit or action made against the City, its Council, City Manager, employees and agents as a result of any person’s failure to fulfill the duty imposed by subsection A of this section. [BC 5.05.017, added by Ordinance No. 3540, 11/25/86; amended by Ordinance No. 3817, 6/29/92; Ordinance No. 4794, 12/1/20]

5.05.018 Unsafe Sidewalks, Curbs and Monolithic Curbs and Gutters.

A. No person owning real property shall cause or allow the sidewalk, curb or monolithic curb and gutter in the abutting public right-of-way to present an unreasonable risk of harm to persons or property.

B. For purposes of this section, a sidewalk, curb or monolithic curb and gutter shall be deemed to present an unreasonable risk of danger to person or property if, among other things:

1. Panels or pieces of same are displaced more than one-half inch from adjacent panels or pieces; or,

2. Entire pieces or panels are absent, or there exist pieces or panels broken into parts smaller than one square foot; or,

3. The grade from one piece or panel to the adjacent piece changes by more than one-half inch per foot in any direction; or,

4. Handicap access ramps or driveways deviate from the slopes and dimensions included in the standards and specifications set by the city engineer; or,

5. Curb pieces exist less than two feet in length; or,

6. Monolithic curb and gutter sections are cracked or broken longitudinally, or displaced one-half inch or more from the adjacent paving.

This list is not intended to be exclusive.

C. The existence of sidewalks, curbs or monolithic curbs and gutters in such condition as to present an unreasonable risk of danger to persons or property hereby is declared to be a public nuisance and may be abated by any of the procedures set forth in BC 5.05.200 et seq.

D. A person who owns property that abuts a sidewalk, curb or monolithic curb and gutter in such condition as to present an unreasonable risk of danger to persons or property is civilly liable for all claims arising from that condition notwithstanding the person’s notice of the condition and notwithstanding the time period allowed by law to correct same before abatement as a public nuisance. [BC 5.05.018, added by Ordinance No. 3605, 1/25/88]

II. ANIMAL NUISANCES

5.05.020 Dangerous Animals.

No owner or person in charge of an animal shall permit an animal that is dangerous to the public health or safety to be exposed in public. If the animal is exposed in public, it may be taken into custody by the City and disposed of in accordance with the procedures provided by the Code for the disposition of personal property or for the impoundment of dogs, except that before the animal is released by the City, the municipal judge must find the proper precautions shall be taken to insure the public health and safety.

5.05.025 Livestock and Poultry.

Except for household pets and as otherwise permitted by the Code or other City ordinance, no person shall keep or maintain livestock or poultry within the City.

5.05.030 Animals at Large.

Except for animals of the species Felis Catus (domestic cat), no owner or person in charge of an animal shall permit the animal to be at large. Animals at large may be taken into custody by the City and disposed of in accordance with the procedures provided by the Code or other City ordinance for disposition of personal property or for the impoundment of dogs. BC 5.12.010 through 5.12.015 shall govern dogs at large. [BC 5.05.030, amended by Ordinance No. 3872, 11/1/93]

5.05.033 Removal of Animal Excrement.

Any person responsible for any animal, except for animals of the species Felis Catus (domestic cat), shall be in possession of tools for the removal of, and shall remove, excrement deposited by the animal in any public area not designed to receive those wastes, including but not limited to streets, sidewalks, parking strips and public parks. [BC 5.05.033, added by Ordinance No. 3872, 11/1/93]

5.05.035 Removal of Carcasses.

No person shall permit an animal carcass owned or controlled by the person to remain upon public property, or to be exposed on private property, for a period of time longer than is necessary to remove or dispose of the carcass.

5.05.037 Definitions.

As used in BC 5.05.037 to 5.05.043, the following definitions apply:

Dangerous Animal – Any non-human animal that is of a wild or predatory nature, and constitutes an unreasonable danger to human life or property. A Dangerous Animal includes, but is not limited to, snakes of the family Pythonidae or Boinae, unless incapable of growing to eight feet or more in length; any alligator, crocodile or caiman; and any poisonous or venomous reptile.

Exotic Animal – Lion, tiger, leopard, cheetah, ocelot, or any other cat not indigenous to Oregon, except the species Felis Catus (domestic cat); any monkey, ape, gorilla or other non-human primate, any wolf or other canine not indigenous to Oregon, except the species Canis Familiaris (domestic dog); or any bear, except the species Ursus Americanus (black bear).

Keep – To have physical custody or otherwise to exercise dominion and control over an object.

Physically Impaired Person – A person who is permanently physically impaired, whose physical impairment limits one or more of daily life activities, and who has a record of impairment and is regarded by health care practitioners as having such an impairment requiring the use of an assistance animal, including but not limited to blindness, deafness, and complete or partial paralysis.

Wild Animal – Antelope, bighorn sheep, black bear, cougar, deer, elk, moose, mountain goat, silver gray squirrel, beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon, fox, skunk, civet, bat or coyote. [BC 5.05.037, added by Ordinance No. 3675, 6/12/89; and amended by Ordinance No. 3872, 11/1/93, and Ordinance No. 4229, 10/21/02]

5.05.040 Keeping of Certain Animals Prohibited.

Except as otherwise provided in BC 5.05.043, no person shall keep a wild, exotic or dangerous animal. [BC 5.05.040, added by Ordinance No. 3675, 6/12/89]

5.05.043 Exceptions.

A. BC 5.05.040 shall not apply to the keeping of a wild, exotic or dangerous animal by:

1. An educational or medical institution, if the animal is kept for the primary purpose of instruction, study or research;

2. A circus, carnival or other similar itinerant show business, if the animal is kept for the primary purpose of public entertainment;

3. A veterinarian employed by the federal government or currently licensed by the Oregon State Veterinary Examining Board, if the animal is kept for the primary purpose of diagnosis or treatment;

4. A physically impaired person, if the animal is kept for the primary purpose of assisting the physically impaired person in one or more daily life activities by performing such tasks as seeing, hearing, fetching dropped items, pulling a wheel chair, helping maintain balance, or rendering similar forms of assistance.

5. A public agency, if the animal is kept primarily for a public purpose.

B. BC 5.05.040 shall not apply to a person transporting a wild, exotic or dangerous animal directly to any of the institutions, businesses or individuals listed in subsection A of this section. [BC 5.05.043, added by Ordinance No. 3675, 6/12/89]

III. NUISANCES AFFECTING PUBLIC HEALTH AND SAFETY

5.05.045 Repealed.

[BC 5.05.045, added by Ordinance No. 3913, 10/10/94; repealed by Ordinance No. 4196, 2/11/02]

IV. NUISANCES AFFECTING PUBLIC HEALTH

5.05.050 Nuisances Affecting the Public Health.

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

A. Privies. An open vault or privy constructed and maintained within the City, except those constructed or maintained in connection with construction projects in accordance with the State Health Division regulations.

B. Debris. Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time and that affect the health of the City.

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

D. 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 the water in a manner that will cause harmful material to pollute the water.

E. Food. Decayed or unwholesome food that is offered for human consumption.

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

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

H. Cesspools. Cesspools or septic tanks that are in an unsanitary condition or which cause an offensive odor for which a special permit has not been obtained pursuant to BC 4.04.035.

I. Failure to Connect to City Sewer System. Failure to connect to City sewer system when the property requires sewage disposal pursuant to BC 4.04.030.

J. Slaughterhouses, Tanneries, and the Like. A slaughterhouse, tannery, rendering plant, glue manufacturing plant, or any other establishment that causes offensive odors.

V. NUISANCES AFFECTING PUBLIC SAFETY

5.05.075 Abandoned Iceboxes.

No person shall leave in a place accessible to children an abandoned or discarded icebox, refrigerator, or similar container which seals essentially air tight without first removing the door.

5.05.080 Attractive Nuisances.

A. No owner or person in charge of property shall permit on the property:

1. unguarded machinery, equipment, or other devices which are attractive, dangerous, and accessible to children;

2. lumber, logs, building material or piling placed or stored in a manner so as to be attractive, dangerous, and accessible to children; or

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

4. an exposed foundation or portion of foundation, any residue, debris or any other building or structural remains for more than 30 days after the destruction, demolition or removal of any building or portion of the building. [BC 5.05.080 A4, added by Ordinance No. 3364, 4/9/84]

B. This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to children. [BC 5.05.080B amended by Ordinance No. 3872, 11/1/93.]

5.05.081 Vacant Buildings.

A. Definition. “Vacant building” as used herein means a building, or substantial portion thereof, that is unoccupied or has not actively been furnished and so used as a place of business or residence for more than 60 days. This includes manufactured housing and mobile homes, whether located in a mobile home park or not. A vacant building also includes any building under construction where no substantial work has taken place for more than 180 days. “Vacant building” does not include a building designed for storage, intermittent or similar types of use, if such building is secure from unauthorized entry, in good repair and does not otherwise constitute a nuisance.

B. A vacant building, including adjoining yard areas, shall be maintained free of debris, garbage, graffiti, litter, portable toilets, rodents and standing water.

C. A vacant building shall be kept secure from the unauthorized entry of persons by any effective methods. The following methods are deemed per se effective:

1. Windows and doors with intact glass or panels and functional locking mechanisms that are kept locked.

2. Exterior doors secured from the interior of the building by nailing or screwing to the doorframe at distances no greater than six inches on center.

3. Intact walls and roof structures with no openings large enough for a person to enter.

4. Openings lacking intact glass or panels that are in the basement or foundation, ground floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point; providing resistance to entry equivalent to or greater than that of:

a. a solid sheet of 1/2" CDX plywood,

b. cut to completely cover the opening,

c. if possible, recessed into the opening to reduce the possibility of prying it off and if not possible to recess, then reinforced with 2 x 4 braces on the inside and outside, secured with 3/8" rounded head carriage bolts, nuts and washers; with the rounded head on the weather side; as described in the National Arson Prevention Initiative’s “Board Up” procedures,

d. securely fastened by nails or screws no greater than twelve inches on center along each edge and within four inches of each corner, and

e. painted so as to minimize the appearance of vacancy and to provide protection from weather deterioration.

5. Openings lacking intact glass or panels; located ten feet or more above any grade, porch, fire escape or other potential climbing point; providing resistance to entry equivalent to or greater than that of:

a. a solid sheet of 1/2" CDX plywood,

b. cut to completely cover the opening,

c. recessed into the opening to reduce the possibility of prying it off, if possible,

d. securely fastened by nails or screws no greater than twelve inches on center along each edge and within four inches of each corner, and

e. painted so as to minimize the appearance of vacancy and to provide protection from weather deterioration.

D. If windows, doors, or other openings of a vacant building are covered over with boards or panels, they must be maintained in a way that reduces the appearance of vacancy and protects the structure from weathering by painting in a color matching the rest of the structure or other reasonably equivalent protective and aesthetic measures.

E. If an address has been assigned, a vacant building shall display address numbers on the exterior of the building that are plainly visible from the street.

F. A vacant building that is not maintained according to the requirements of this section, or that has repeatedly been entered by unauthorized persons, or is allowed to be unsecured or open to entry by unauthorized persons, is declared a public nuisance and subject to abatement. Such abatement may include, without limitation,

1. Measures to secure the building against unauthorized entry.

2. Painting to reduce the appearance of vacancy and provide protection from weathering.

3. Removal of debris, garbage, graffiti, litter, portable toilets, rodents and standing water.

All costs incurred for abatement may be assessed against the owner of the property.

G. A vacant building that has repeatedly been entered by unauthorized persons, or is allowed to be unsecured or open to entry by unauthorized persons may be subject to the requirements of BC Chapter 8.03 Abatement of Building Nuisances.

H. It shall be a Class 1 Civil Infraction for any owner or person in charge of property to allow a vacant building to become a public nuisance, to fail to keep a vacant building secure from unauthorized entry by any effective methods, or to fail to maintain a vacant building according to the requirements of this section. [BC 5.05.081, added by Ordinance No. 4386, 4/10/06]

5.05.085 Snow and Ice Removal.

No owner or person in charge of property abutting on a public sidewalk shall permit:

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

B. Ice to cover or remain on the sidewalk for more than four hours of daylight after the ice has formed without removing the ice or covering it with sand, ashes, or other suitable material to assure safe travel.

5.05.090 Noxious Vegetation.

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. [BC 5.05.090A amended by Ordinance No. 3872, 11/1/93.]

B. The term Noxious Vegetation includes:

1. weeds more than 12 inches high and/or that are going to seed;

2. grass more than 12 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 traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous.

7. the types of vegetation defined in Chapter 90 of the Development Code as nuisance, applicable to significant natural resource areas. [BC 5.05.090B amended by Ordinance No. 4224, 8/19/02; Ordinance No. 4412, 12/4/06]

C. No owner or person in charge of property shall allow noxious vegetation to be on the property or in the right-of-way of a public thoroughfare abutting on the property. [BC 5.05.090C amended by Ordinance No. 3872, 11/1/93; BC 5.05.090D repealed by Ordinance No. 3872, 11/1/93]

5.05.093 Graffiti.

No person shall place, or cause to be placed, graffiti upon any property in the City of Beaverton.

No owner or occupant of property shall allow graffiti to be on the property. Property upon which graffiti has been placed and has remained for more than seven (7) days is hereby declared to be a public nuisance, and shall be subject to the provisions of BC 5.05.230 relating to summary abatement.

A. Definitions. Graffiti: Any unauthorized drawing, inscription, etching, or scratching made on a wall, fence, building, sidewalk, or other structure, that is visible from public rights-of-way, bike paths, walking paths, sidewalks, publicly owned property, or premises open to the public.

B. Graffiti Removal Required. The owner or occupant of any property in the City shall remove, or cause to be removed, any graffiti from such property within seven (7) days of the graffiti’s appearance. The failure of any owner or occupant of property to remove or to cause the removal of graffiti within seven (7) days shall be a Class 1 civil infraction. [BC 5.05.093, added by Ordinance No. 4380, 2/13/06]

5.05.095 Rubbish.

A. No person shall cause to be placed upon public or private property any kind of rubbish, trash, debris, refuse, or other substance that mars the property’s appearance, creates a stench or a fire hazard, detracts from the cleanliness or safety of the property, or constitutes an unreasonable danger to human life or property. Substances that mar the appearance of property, create a stench or a fire hazard, detract from the cleanliness or safety of property, or constitute an unreasonable danger to human life or property include, but are not limited to, the following items stored out-of-doors for more than 72 hours:

1. carpet,

2. upholstered furniture (unless designed and manufactured for outdoor use and impervious to rain), and

3. household appliances (including, but not limited to, clothes dryers, washing machines, ovens and stoves).

B. No person shall cause rubbish, trash, debris, or refuse to be placed in a dumpster, dropbox, garbage can, or other container unless the person either owns or has authority to use the container. [BC 5.05.095, amended by Ordinance No. 3872, 11/1/93; Ordinance No. 4331, 11/16/04]

5.05.098 Vegetation and the Public Right-of-Way.

A. An owner or person in charge of property shall:

1. Keep any tree, bush or groundcover on the property from unreasonably interfering with any vehicular or pedestrian traffic occurring within the public right-of-way.

2. Trim or prune any tree or bush planted on the property so that no portion of the tree or bush is less than ten feet above any roadway or less than eight feet above any sidewalk or bicycle path.

3. Trim or prune any groundcover planted on the property so that no portion of the groundcover lies on any sidewalk, roadway or bike path.

B. No owner or person in charge of property shall allow to stand any dead, decaying, or hazardous tree or shrub that is a danger to any person or property, including any person or property within the public right-of-way. [BC 5.05.098, added by Ordinance No. 3842, 4/12/93]

5.05.100 Purpose and Scope of BC 5.05.100 through 5.05.104.

The purpose of BC 5.05.100 through 5.05.104 is to preserve trees in the public right-of-way or on public property as an important natural resource, to enhance the appearance of the City and private property values, to clearly define responsibility for the maintenance of trees in the public right-of-way and City property and to adopt professional standards for planting and maintenance for use by the City and by private property owners alike, all for purposes of the general public welfare. BC 5.05.100 through 5.05.104 may be referred to as the Public Tree Ordinance and may be referred to in the following sections as “this ordinance”. [BC 5.05.100, added by Ordinance No. 3979, 4/22/97]

5.05.101 Planting and Maintenance of Trees.

A. No person shall plant or remove any tree in the public right-of-way or on City property except as allowed by this ordinance.

B. The owner or occupant, or an agent for the owner or occupant, of property abutting the right-of-way may plant, treat, prune or replace any tree in that portion of the right-of-way abutting the property only in accordance with current tree maintenance standards established by the National Arborist Association, International Society of Arboriculture, or under the supervision of a person having a current, valid certification as an Arborist by the International Society of Arboriculture.

C. The owner of property abutting the public right-of-way shall be responsible for maintenance of all trees planted in the right-of-way between the edge of the roadway and the property line in accordance with the standards issued under this ordinance. As to trees planted in the right-of-way in conjunction with new development of property, the obligation imposed by this section shall commence after the City determines, and notifies the abutting owner, that the tree(s) is/are established.

D. The City shall be responsible for maintenance of trees located in the right-of-way along that portion of property which abuts a major arterial, minor arterial or major collector street as designated on the City’s Comprehensive Plan, if the abutting portion of such right-of-way:

1. Is separated from the property by a permanent barrier (such as a sound wall or fence) at least four feet in height; and,

2. Does not have direct pedestrian or vehicular access (such as a driveway) to the property; and,

3. Does not allow parking along the property allowing safe access for private maintenance; and,

4. Abuts property used for single-family residential purposes and not commercial, industrial, multi-family, and homeowner or unit owner common area uses.

The streets which have been identified for maintenance by the City, subject to the above criteria, are as follows: Farmington Road (east of Murray Boulevard to Lombard Avenue), Brockman Road, Greenway Avenue, 125th Avenue, Hall Boulevard, Denney Road, Watson Avenue, Hart Road (west of Murray Boulevard to City limits), Davis Road, 5th Street, Davies Road, Conestoga Drive, Downing Drive, 155th Avenue (Bonneville power line right-of-way to Davis Road), Allen Boulevard, Weir Road, Beard Road, Sexton Mountain Drive.

E. The obligation to maintain those trees as well as trees planted in the median of such roadway shall remain with the governmental unit which is obligated to maintain such roadway arterial or major collector.

F. Except as otherwise allowed under a tree preservation or landscape plan submitted as part of a development or subdivision application, any person desiring for any purpose to plant a tree in or upon any right-of-way shall perform such work according to the standards of the City’s Tree Planting and Maintenance Policy. [BC 5.05.101, added by Ordinance No. 3979, 4/22/97]

5.05.102 Standards for Maintenance and Removal of Trees.

A. Trees within the public right-of-way or on City property shall be pruned, damaging insects shall be controlled, disease shall be treated and the trees otherwise shall be maintained following the procedures and according to the standards of the City’s Tree Planting and Maintenance Policy. Trees within and without the public right-of-way shall be maintained so as not to obstruct the vision clearance area at intersections provided for in the Development Code, Ordinance 2050.

B. Trees within the public right-of-way shall be maintained so that no part of the tree occupies any portion of the area that is 14 feet or less above the surface of an arterial roadway as designated on the Comprehensive Plan, or 12 feet or less above the surface of any roadway not designated on the Comprehensive Plan as an arterial, or 8 feet or less above the surface of a sidewalk or bicycle or pedestrian path.

C. No tree within the public right-of-way or on City property shall be topped unless the tree interferes with overhead utility wires or street lights as determined by the owner of the utility or street lights, or unless topping is necessary to limit further damage to a tree already damaged by other causes as determined by the City Manager.

D. A tree within the public right-of-way or on City property that presents an imminent risk of bodily injury or property damage may be removed on order of any public official having authority to enforce motor vehicle laws or fire or life safety codes at the location of the risk. As to emergency removal by any other person, it is an affirmative defense that a person removed or caused to be removed a tree within the right-of-way without obtaining a permit or direction to do so from an appropriate public official, because such removal was necessary as an emergency measure to avoid an imminent public or private injury; and the threatened injury was of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweighed the desirability of protecting the public’s interest in the tree.

E. Except as provided by subsection D of this section, no person shall remove or destroy a tree within the public right-of-way without a permit issued by the City upon the person’s application, on a form prescribed by the City, and payment of the required fee. Such permits shall obligate the person to replace the removed tree with a species approved by the City and to plant and maintain same according to the Tree Planting and Maintenance Policy, unless the City Manager upon request by the permittee determines it would not be in the public interest to do so. The City may require a person seeking a permit to remove or destroy a tree within the public right-of-way to give security for the cost of replacement and establishment.

F. No person shall excavate, place fill or compact the soil within the root zone of any tree in the public right-of-way except as expressly allowed by a City Site Development Permit. [BC 5.05.102, added by Ordinance No. 3979, 4/22/97; amended by Ordinance No. 4794, 12/1/20]

Editor’s note:

BC 5.05.102 City immunity from liability (Ordinance No. 3842, 4/12/93) was repealed and replaced by Ordinance No. 3979 but remains effective as to all actions and omissions by any person occurring before the enactment of Ordinance No. 3979.

5.05.103 City May Act on Notice.

A. Upon notice to the City Manager that any tree within the public right-of-way or on City property is infected with disease or infested with damaging insects or otherwise presents an imminent risk of personal injury or property damage or threatens the health of other trees, the City shall inform the abutting property owner responsible for maintenance of the tree(s), if any, of the person’s obligation to take appropriate measures under the City’s Tree Planting and Maintenance Policy to limit or remove the risk, including but not limited to destruction or removal of the tree under the terms of a permit to be issued by the City upon the person’s application. The City shall take appropriate measures under the same Policy with regards to trees that it maintains as provided by this ordinance.

B. Trees that present a risk of personal injury or property damage or that threaten the health of other trees, as described in subsection A of this section, and that are not maintained, or the risk or threat is not remedied, according to the Tree Planting and Maintenance Policy are declared to be a public nuisance and may be abated in the matter provided for in Sections 5.05.200 through 5.05.230 of this Code. Trees that present an unreasonable risk of such injury or damage or an immediate threat to the health of other trees may be summarily abated without prior notice to the abutting property owner.

C. No permit fee shall be charged for permits to remove trees as required by subsection A of this section.

D. The City in its discretion may, from time to time, cause the maintenance, destruction, removal or replanting of trees within the public right-of-way that are a nuisance partially or wholly at the City’s, not the abutting property owner’s, initiative and expense when it deems that the public interest so requires. [BC 5.05.103, added by Ordinance No. 3979, 4/22/97; amended by Ordinance No. 4794, 12/1/20]

5.05.104 Liability and Indemnity: Penalties.

A. A person owning property abutting the public right-of-way shall be solely liable for, and shall hold the City harmless from and indemnify it against, any and all claims for personal or bodily injury or property damage including costs and attorney fees incurred in the defense of any such claim, arising out of the person’s failure to maintain trees in the right-of-way as required by this ordinance.

B. A violation of any provision of this ordinance shall constitute a Class 1 civil infraction. In addition to and not in lieu of any other remedy available to it for a violation of this ordinance, the City may require the person committing the violation to pay the cost of repairing, restoring or replacing and re-establishing any and all trees damaged as a result of the violation. [BC 5.05.104, added by Ordinance No. 3979, 4/22/97]

5.05.105 Fences.

A. No owner or person in charge of property shall construct or maintain a barbed wire fence on the property, or allow barbed wire to remain as part of a fence, along a sidewalk or public way; except such wire may be placed above the top of other fencing not less than six feet, six inches high.

B. No owner or person in charge of property shall construct, maintain or operate an electric fence or other electrified wire or material for the purpose of preventing or inhibiting entrance to or exit from property along a sidewalk or public way, or along the adjoining property line of another person.

5.05.110 Surface Waters; Drainage.

A. No owner or person in charge of any building or structure shall cause, suffer or permit rain water, ice or snow to fall from the building or structure onto a street or public sidewalk or to allow concentrated water flow across the sidewalk.

B. The owner or person in charge of property shall install and maintain in a proper state of repair adequate drainpipes or a drainage system so that any overflow water accumulating on the roof or about the building does not flow across the sidewalk.

C. The owner or person in charge of property shall install and maintain in a proper state of repair all surface water conveyances so that flood carrying capacity is not diminished, flow is not diverted or concentrated, and permitted watercourse alterations or relocations are continuously preserved. [BC 5.05.110, amended by Ordinance No. 4412, 12/4/06; Ordinance No. 4744, 10/17/18]

5.05.115 Obstructing Public Right-of-Way.

A. General Prohibition. Except as otherwise permitted by the Code or other City ordinance:

1. No person shall obstruct any public right-of-way, or portion of it, or place or cause to be placed on it anything tending to obstruct or interfere with the full and free use of the public right-of-way or in any degree interfere with the normal flow of pedestrian or vehicular traffic.

2. No person shall erect, construct, build, raise, place or maintain any post, pole, sign, wall, fence, tree, building, structure or any other object in or upon any public right-of-way.

3. No person in charge of property shall cause or permit to remain in front of the property upon the sidewalk or parking strip of the street next to the property, anything prohibited by this section or which otherwise restricts the public use of the public right-of-way.

B. Attachments to Poles or Trees. No person shall attach to any telephone pole, electric pole or other pole or post installed for or used by a public utility, or to any wire used by a public utility, or to any tree or post growing or located in a public right-of-way, any contrivance or device of any kind which is used for any purpose other than a public utility purpose.

C. Selling Prohibited. No person shall use a public right-of-way or public place for selling, storing or displaying merchandise or equipment.

D. Markings Prohibited Without Permit. No person, without first obtaining a permit from the City, shall solicit on a commercial or donation basis to place, or shall place or maintain, any number, figure, letter, carving, drawing, design or other marking upon any public right-of-way. Markings for the purpose of identifying survey, utility or construction locations are not subject to this subsection.

E. Exemptions. This section shall not apply to:

1. Officers or employees of the City in the discharge of their official duties, or to work being performed by any person under contract with the City.

2. Fire hydrants, parking meters, traffic control devices, signs, notices or other similar objects authorized by the City or other competent public authority.

3. Bicycle storage racks approved by the City’s Traffic Commission.

4. Persons granted a franchise, license or other permission by the City to erect, construct, place and maintain utilities or other facilities or equipment in or upon the public right-of-way.

5. Mailboxes complying with the rules and regulations of the United States Postal Service; except that mailboxes and containers for the collection and storage of mail shall be so placed and maintained as to not endanger the life or safety of the traveling public or inhibit the flow of vehicular or pedestrian traffic, regardless of when the situation should first come into existence.

6. Builders using a portion of the public right-of-way when necessary for building or construction purposes if a permit to do so has been obtained from the appropriate City official.

7. Merchandise, boxes, household goods, building materials or other articles in the actual course of receipt, delivery or removal if the items are removed from the public right-of-way within a reasonable period of time.

8. Ornamental trees, shrubs, grass or other landscaping within a landscape strip, if the landscaping does not constitute a nuisance, does not occupy any portion of the area that is 14 feet or less above the surface of an arterial roadway as designated on the Comprehensive Plan, or 12 feet or less above the surface of any roadway not designated on the Comprehensive Plan as an arterial, or eight feet or less above the surface of the sidewalk or bicycle or pedestrian path, conforms as to species and location with the City’s Tree Planting and Maintenance Policy, and complies with all other Code or City ordinance requirements. The City may use the planted area for any purpose whatsoever and may issue a permit to any applicant to encroach or to perform work on it. If the planted area is damaged or disturbed in the course of an authorized encroachment, it shall be removed and replaced by the permittee unless the permit specifically states otherwise and the owner of the abutting property is so notified in advance. [BC 5.05.115 E8, amended by Ordinance No. 3979, 4/22/97]

9. A basketball backboard, hoop, net and supporting apparatus, if affixed to the public right-of-way in accordance with the provisions of BC 9.01.200 through 9.01.235.

10. Newspaper tubes for home delivery of newspapers. The method of placement, design and quality of construction shall be approved by the Public Works Director, and the newspaper tubes shall be so placed and maintained as to not endanger the life or safety of the traveling public or inhibit the flow of vehicular or pedestrian traffic, irrespective of when such situation should first come into existence. No tube for delivery of newspapers shall be placed or maintained over or within any sidewalk, and shall be located and placed on the same support as, or proximate to, the existing mailbox.

11. Festivity decorations if a permit for them has been issued under BC 9.01.010 through 9.01.060 and newspaper dispensing stands, sidewalk benches, transit shelters, and other similar facilities if a permit has been issued under BC 9.01.300 through 9.01.330. [BC 5.05.115 E11, amended by Ordinance No. 3373, 6/5/84; and Ordinance No. 3872, 11/1/93]

12. Temporary portable signs subject to size, height, placement, number, duration and other standards under the Beaverton Development Code, Chapter 60, Section 60.40.45.4.

F. Special Permits. Nothing contained in this section shall prevent the city manager from granting a temporary special permit or otherwise permitting, on such terms the city manager considers proper, the use of public right-of-way for a block party or other purpose or for a civic, patriotic or special event of general public interest taking place within the City when it can be found that the event will not be materially detrimental to the public welfare, interest or safety. The procedure for granting permits shall be the same as that followed in granting parade permits, to the extent possible.

G. Violation of this section shall be subject to the provisions of BC 5.05.230 relating to summary abatement. [BC 5.05.115, amended by Ordinance No. 3814(2), 6/15/92; Ordinance No. 4588, 7/18/12; Ordinance No. 4709, 5/9/17; Ordinance No. 4794, 12/1/20]

5.05.116 Obstructing Public Easements.

A. No person shall obstruct any sewer or water easement, or portion of it, or place or cause to be placed on it or maintain or allow to remain on it anything tending to obstruct or interfere with the sewer or water easement. [BC 5.05.116 A, added by Ordinance No. 3354, 1/16/84; amended by Ordinance No. 3361, 4/3/84]

B. The City may authorize conditions which encumber its easements upon written authorization of officers, agents or employees having authority to grant the obstruction. [BC 5.05.116 B, added by Ordinance No. 3361, 4/3/84]

5.05.117 Camping Prohibited on the Public Right-of-Way.

A. City Council finds:

1. From time to time persons establish campsites on public rights-of-way;

2. Such persons, by such actions, create unsafe and unsanitary living conditions which pose a threat to the peace, health, and safety of themselves and the community; and

3. The enactment of this section is necessary to protect the peace, health, and safety of the City and its inhabitants.

B. As used in this section:

1. “To camp” means to set up or to remain in or at a campsite, for the purpose of establishing or maintaining a temporary place to live.

2. “Campsite” means any place where any bedding, sleeping bag, or other sleeping matter, or any stove or fire, is placed, established, or maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.

3. “Public right-of-way” means any thoroughfare or area intended, designed, or used for vehicular or pedestrian traffic.

C. It is unlawful for any person to camp in or upon any public right-of-way, unless otherwise specifically authorized by this code or a declaration of the City Manager in emergency circumstances.

D. A violation of this section is punishable, upon conviction, by a fine of not more than $100.00 or by imprisonment for a period not to exceed 30 days or both.

E. A peace officer shall deliver a 72-hour written warning to a person that the peace officer has probable cause to believe that the person has violated subsection C of this section and that violation is a first offense. The written warning shall be personally delivered to the person named in the notice and the written warning must be in substantially the following form:

NOTICE

PLEASE READ THIS NOTICE CAREFULLY

Your campsite is in violation of Beaverton Code Section 5.05.117. You have 72 hours to stop camping and remove your campsite. You may be subject to fines and/or arrest if you do not stop camping and remove your campsite. Your vehicle may also be subject to a tow if it was used to commit a violation of Beaverton Code Section 5.05.117.

Name:    ___________________________ (name of person)

Date:    ___________________________ (date of notice)

Time:    ___________________________ (time of contact with peace officer)

Officer: ___________________________ (name of peace officer making contact)

Address: _________________________ (address to obtain more information)

Phone No.: ________________________ (contact information for the City)

F. A vehicle used to commit a violation of this section may be impounded if the person has received, within 30 days preceding the current violation, a citation for violating subsection C of this section.

G. The Police Chief shall submit an annual written report to the City Council about enforcement measures that were taken under this section upon passage of the ordinance codified in this section. The report must include, but is not limited to, information about the financial assistance offered, referrals to other agencies, warnings issued, citations issued, vehicles impounded, and the number of individuals arrested under this section and any challenges faced by the Beaverton Police Department with regard to enforcement of this section. [BC 5.05.117, added by Ordinance No. 4732, 6/12/18; amended by Ordinance No. 4794, 12/1/20]

5.05.118 Notice of Campsite Cleanup and Storage of Personal Property.

A. As used in this section:

1. “Personal property” means any item that has apparent utility and is reasonably recognizable as belonging to a person. “Personal property” does not include items that have no apparent utility.

2. “Campsite” has the meaning provided in BC 5.05.117.

B. The Police Chief shall schedule a cleanup of illegal campsites on an as-needed basis.

C. Except as provided in subsection D of this section, before cleaning up an illegal campsite, the Police Chief shall post a notice adjacent to the campsite, written in English and Spanish, 24 hours in advance of the cleanup.

D. The Police Chief may clean up a campsite as necessary without notice if (1) an exceptional emergency exists, which includes possible site contamination by hazardous materials or an immediate danger to human life or safety; or (2) conditions of illegal activity other than camping have occurred.

E. The Police Chief shall take all unclaimed personal property and store the personal property for a minimum of 30 days during which it will be reasonably available to any individual claiming ownership. Any item that is in an unsanitary or hazardous condition may be immediately discarded upon removal of the item from the camping site. Weapons, drug paraphernalia and items that appear to be either stolen or evidence of a crime shall be retained by the Police Department.

F. The storage facility for personal property obtained under this section shall be reasonably secure and the location should be preferably served by public transportation.

G. At the time of the cleanup, written notice will be posted and distributed announcing the telephone number and an address where information on picking up the stored property can be obtained during normal business hours. [BC 5.05.118, added by Ordinance No. 4732, 6/12/18; amended by Ordinance No. 4794, 12/1/20]

VI. NUISANCES AFFECTING THE PUBLIC PEACE

5.05.120 Definitions.

A. “Outdoor recreational facilities” includes, but is not limited to, public ball diamonds, public playing fields, and public tennis courts. It includes facilities owned, operated, or maintained by the Tualatin Hills Park and Recreational District.

B. “Foot-candle” means a unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.

C. “Habitat benefit area” means an area of land that the City has designated as a habitat benefit area under the Development Code.

D. “Significant natural resource area” means resources identified in Volume III of the Comprehensive Plan as “significant” pursuant to Statewide Planning Goal 5. For the South Cooper Mountain Community Plan area, it includes Class I and Class II riparian habitat areas and Class A and B upland wildlife areas as determined by Metro Council designation of these areas as regionally significant fish and wildlife habitat through Metro 13 implementation for areas brought within Metro UGB after December 28, 2005.

E. “Vegetative corridor” means a corridor adjacent to a water quality sensitive area that is preserved and maintained to protect the water quality functions of the water quality sensitive area.

F. “Water quality sensitive area” means existing or created wetlands; rivers, streams, and springs, whether flow is perennial or intermittent; natural lakes, ponds and in-stream impoundments. It does not include stormwater infrastructure; a vegetative corridor adjacent to the water quality sensitive area; an off-stream recreational lake, lagoon, fire pond or reservoir; or drainage ditches. [BC 5.05.120, added by Ordinance No. 4675, 2/16/16]

5.05.125 Radio and Television Interference.

A. No person shall operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception by a radio or television receiver of good engineering design.

B. This section does not apply to devices licensed, approved, and operated under the rules and regulations of the Federal Communications Commission.

5.05.130 Repealed.

[BC 5.05.130, repealed by Ordinance No. 4679, 3/1/16]

5.05.133 Exterior Lighting.

A. No person shall knowingly allow an exterior lighting fixture to shine light that unreasonably interferes with another person’s use or enjoyment of property. The light from an exterior lighting fixture is presumed reasonable if the light does not exceed one-half foot-candles at the person’s property line.

B. No person shall knowingly allow an exterior lighting fixture, wherever located, to shine light into or onto a significant natural resource area, vegetative corridor, water quality sensitive area, or habitat benefit area unless the lighting fixture is a full cut-off design that is shielded, hooded and oriented towards the ground.

C. This section does not apply to the following:

1. Outdoor recreational facilities;

2. Street lighting or lighting on paths, trails, and walkways; or

3. Facilities owned, operated, or maintained by school districts.

D. This section does not create a cause of action for damages and may not be asserted as the basis for a nuisance per se claim. [BC 5.05.133, added by Ordinance No. 3889, 3/28/94; amended by Ordinance No. 4412, 12/4/06; amended by Ordinance No. 4675, 2/16/16]

5.05.135 Notices and Advertisements.

[BC 5.05.135, amended by Ordinance No. 3320, 4/19/83; repealed by Ordinance No. 3357, 2/28/84]

5.05.136 Posting Notices or Advertisements.

A. No person shall affix, post, place, attach, secure, nail, staple, lay or otherwise deliver or cause to be delivered any placard, handbill, advertisement, leaflet, poster or printed material of any nature upon real or personal property when such property is legibly signed with a notice prohibiting such delivery. The notice required by this section shall be deemed adequate if it is not less than 10 square inches, is visible and legible from the place where the material was delivered and states “No Posting” or words of similar effect.

B. No person shall affix, post, place, attach, secure, nail, staple, lay or otherwise deliver or cause to be delivered any placard, handbill, advertisement, leaflet, poster or printed material of any nature upon public property unless a permit has been obtained from the City Manager.

C. No person shall affix, post, place, attach, secure, nail, staple, lay or otherwise deliver or cause to be delivered any placard, handbill, advertisement, product sample, leaflet, poster or printed material of any nature at a residence except between the hours of 8:00 a.m. and 9:00 p.m. [BC 5.05.136C, amended by Ordinance No. 3872, 11/1/93]

D. This section shall not be construed to limit the City regarding notices that are required by this Code or other City ordinances and shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the City regulating the use and location of signs and advertising. [BC 5.05.136D, amended by Ordinance No. 3872, 11/1/93]

E. This section shall not be construed to limit delivery of items regularly received through the United States Postal Service, nor the delivery of goods or services ordered by the owner, resident, or other person in charge of the property. [BC 5.05.136E, amended by Ordinance No. 3872, 11/1/93]

[BC 5.05.136, added by Ordinance No. 3409, 9/17/84; amended by Ordinance No. 4794, 12/1/20]

5.05.140 Declaration of Nuisance.

The acts, conditions, or objects specifically enumerated and defined in BC 5.05.010 through 5.05.136 are hereby declared to be public nuisances and may be abated by any of the procedures set forth in BC 5.05.200 through 5.05.260. [BC 5.05.140 amended by Ordinance No. 3451, 6/18/85; and Ordinance No. 3872, 11/1/93]

5.05.145 General Nuisance.

A. When, in the opinion of the City representative, a nuisance exists which is not specifically enumerated in this Code, a public hearing before the Council may be held for Council determination of whether a nuisance in fact exists. Every thing, substance, or act which is determined by the Council at a public hearing to be offensive, injurious or detrimental to the public health, safety or welfare of the City shall be declared to be a nuisance and may be abated as provided in this Code.

B. Prior to the public hearing the City representative shall cause a notice to be posted on the premises or at the site of the alleged nuisance and shall cause a notice to be forwarded to a person responsible at the person’s last known address. Any error in mailing shall not make the notice void and in such case the posted notice shall be sufficient.

The notice shall contain:

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

2. A general description of the thing, substance or act which is alleged to be a nuisance;

3. A statement outlining necessary corrective measures to abate the nuisance;

4. A statement that, unless the corrective measures are taken within ten days of the date of posting, that the City Council will schedule a public hearing for the purpose of determining on the record whether a nuisance in fact exists, and if it is decided that a nuisance does exist and is not abated within ten days after the Council’s determination or such time as the Council may set, the City may issue a civil infraction citation or may abate the nuisance and the cost of abatement shall be charged to the person responsible or assessed against the property or both;

5. The date of the proposed public hearing which shall be at least ten days later than the date of posting;

6. A statement that the person responsible may attend the public hearing and that the person or legal representative of the person may submit evidence and argument relative to the question of whether a nuisance exists.

C. If corrective measures are not taken within ten days of the date of posting, the City representative shall cause a notice to be forwarded to a person responsible and shall cause a notice to be posted on the premises or at the site of the alleged nuisance giving notice of a public hearing before the City Council. At the time set for the public hearing the Council will hear the matter de novo and may consider any material it deems relevant and probative. The Council shall allow argument by a person responsible or their legal representative and by the City representative. The Council shall make its decision based upon a determination of whether the thing, substance or act is offensive, injurious or detrimental to the public health, safety or welfare of the City. The Council, after hearing the matter, may determine that no nuisance exists, determine that a nuisance exists and order its abatement, impose conditions on the person responsible, or delay the time for abatement of the nuisance. The Council shall make written findings in support of its decision when a nuisance is determined to exist, and its decision shall be final. [BC 5.05.145, added by Ordinance No. 3872, 11/1/93]

VII. VEHICLES AS A PUBLIC NUISANCE

5.05.150 Discarded Vehicle.

A. The open accumulation and storage of a discarded vehicle is hereby found to create a condition tending to reduce the value of private property, to promote blight, deterioration and unsightliness, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety, and general welfare of the public. [BC 5.05.150A, amended by Ordinance No. 3872, 11/1/93]

B. No person shall store or permit the storing of a discarded vehicle upon private property within the City unless the vehicle is completely enclosed within a building or unless it is in connection with a business enterprise dealing with junked vehicles lawfully conducted within the city. [BC 5.05.150, amended by Ordinance No. 3526, 7/29/86]

C. The presence of a discarded vehicle on private or public property is hereby declared to constitute a public nuisance that may be abated in accordance with the provisions of this ordinance and result in the issuance of a civil infraction complaint. [BC 5.05.150C, added by Ordinance No. 3872, 11/1/93]

5.05.152 Trucks in a Residential Area.

The existence of a truck with three or more axles or a truck with a gross weight exceeding 20,000 pounds in an area zoned residential, or adjacent to a residence, is hereby found to create a condition tending to reduce the value of private property, premature deterioration of residential roadways, noise problems, visibility problems for motorists, an attractive nuisance, and an appearance inconsistent with a residential atmosphere. Therefore, the existence of such a truck, if not at the location for the immediate purpose of picking up or delivering goods, is hereby declared to be a public nuisance that may be abated in accordance with the provisions of this Code and result in the issuance of a civil infraction complaint. [BC 5.05.152, added by Ordinance No. 3526, 7/29/86]

5.05.155 Prohibited Action.

[BC 5.05.155, repealed by Ordinance No. 3872, 11/1/93]

5.05.160 Abatement of Vehicle Nuisances.

A. Vehicle nuisances shall be abated in accordance with the procedures under BC 5.05.200 through 5.05.220, except as otherwise provided herein.

B. Notice Requirements.

1. The notice provided for in BC 5.05.200 shall be affixed to the windshield or some other part of the vehicle where it can be easily seen instead of being posted on real property.

2. In addition to the notice contents of BC 5.05.200, subsection C, notice regarding a discarded vehicle shall contain a statement that the vehicle must be removed from the City, or to the storage yard of a business enterprise dealing in discarded vehicles lawfully conducted within the City, or that the vehicle must be completely enclosed in a building. [BC 5.05.160, amended by Ordinance No. 3526, 7/29/86]

3. In addition to affixing the notice to the vehicle and mailing it to the person responsible, a copy of the notice shall be mailed to the registered or legal owner, by registered or certified mail.

5.05.165 Disposition of Vehicle Nuisances.

Vehicles removed by the City pursuant to BC 5.05.150 through 5.05.160 shall be appraised and disposed of in accordance with BC 2.05.030 through 2.05.034.

VIII. ABATEMENT PROCEDURES

5.05.200 Abatement Notice.

A. If the City representative is satisfied that a nuisance as defined by this Code or any other City ordinance exists, the representative shall cause a notice to be posted on the premises or at the site of the nuisance directing the person responsible to abate the nuisance.

B. At the time of posting, a copy of the notice shall be forwarded to the person responsible at the person’s last known address. [BC 5.05.200B, amended by Ordinance No. 3872, 11/1/93]

C. The notice to abate shall contain:

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

2. a direction to abate the nuisance within ten days from the date of posting;

3. a description of the nuisance and a reference to the ordinance or Code section number involved;

4. a statement that, unless the nuisance is removed, the City may abate the nuisance and the cost of abatement shall be charged to the person responsible or assessed against the property, or both;

5. a statement that the person responsible may protest the order to abate by giving written notice to the recorder within ten days from the date of posting;

6. a statement that failure to abate a nuisance may result in abatement by the City and/or the issuance of a civil infraction citation; [BC 5.05.200C6, amended by Ordinance No. 3872, 11/1/93]

7. if the person responsible is not the owner, an additional notice shall be sent to the owner, stating that all or part of the abatement costs not paid by the person responsible will be assessed to and become a lien on the property.

D. On completion of the posting and mailing, the persons posting and mailing shall execute and file certificates stating the date and place of the mailing and posting.

E. An error in the notice mailed shall not make the notice void and in such a case the posted notice shall be sufficient. [BC 5.05.200, amended by Ordinance No. 3451, 6/18/85]

5.05.205 Abatement by a Person Responsible.

A. Within ten days after the posting and mailing of the notice as provided in BC 5.05.200, a person responsible shall remove the nuisance or show that no nuisance exists.

B. A person responsible, protesting that no nuisance exists, shall, within ten days after posting, file with the city recorder a written statement specifying the basis for protesting. The city recorder shall give the person responsible who files a written protest notice of the date and time when the Council will consider the abatement. The notice from the recorder shall be mailed by regular mail at least five days prior to the Council hearing. The failure to file a written statement waives any objection that the person may have to the finding that a nuisance exists or to the abatement of the nuisance by the City.

C. The statement shall be referred to the Council as part of the Council’s regular agenda at its next succeeding meeting or at such time as may be convenient. At the time set for the public hearing the Council will hear the matter de novo and may consider any material it deems relevant and probative. The Council shall allow argument by a person responsible or their legal representative and by the City representative. The Council shall make its decision based upon a determination of whether the thing, substance or act is offensive, injurious or detrimental to the public health, safety or welfare of the City. The Council, after hearing the matter, may determine that no nuisance exists, determine that a nuisance exists and order its abatement, impose conditions on the person responsible, or delay the time for abatement of the nuisance. The Council shall make written findings in support of its decision when a nuisance is determined to exist, and its decision shall be final. Council determination shall be required only in those cases where a written statement has been filed as provided.

D. If the Council determines that a nuisance does in fact exist, a person responsible shall abate the nuisance within ten days after the Council’s determination, unless the Council has delayed the time pursuant to subsection C. [BC 5.05.205, amended by Ordinance No. 3451, 6/18/85]

5.05.210 Abatement by the City.

A. If the nuisance has not been abated by a person responsible within the time allowed, the City may abate the nuisance or cause it to be abated. [BC 5.05.210A, amended by Ordinance No. 3872, 11/1/93]

B. The City representative charged with abatement of the nuisance shall have the right at reasonable times to enter into or upon property in accordance with law to investigate or cause the removal of a nuisance. The City representative shall have the authority to dispose of all seized property in any manner deemed suitable and shall, if practical, attempt to obtain salvage value for material which per item has a fair market value in excess of $25.00 as determined by the City representative. Disposition of vehicles shall be in accordance with BC 5.05.165.

C. The finance director shall keep an accurate record of the costs incurred by the City in physically abating the nuisance. [BC 5.05.210, amended by Ordinance No. 3451, 6/18/85]

5.05.215 Assessment of Costs and Entry of Lien.

A. The code enforcement officer, by certified mail and regular first class mail, postage prepaid, shall send to the owner and the person responsible a notice stating:

1. The total cost of abatement pursuant to BC 5.05.015 including the cost of administrative overhead minus any salvage value pursuant to BC 5.05.210, subsection B;

2. That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days of the date of mailing of the notice;

3. That for the period until the 30-day notice has lapsed, the finance director shall temporarily enter the cost of abatement in the City’s lien docket;

4. That if the property owner or the person responsible objects to the cost of the abatement as indicated, a written notice of objection may be filed with the City finance director not more than ten days after the date the notice was mailed.

In the event that the certified mail and regular first class mail, postage prepaid, is returned to the City by the postal service, then the code enforcement officer shall post the notice on the property in question or publish the notice two times in a newspaper of general circulation.

B. If an objection is received on or before the expiration of ten days after the date the notice was mailed, or the date the notice was posted or published, whichever is later, the finance director, in the regular course of business, shall hear any timely objection and determine the costs to be assessed. The finance director’s determination shall be by written order.

C. The property owner or person responsible may appeal the finance director’s decision to the City Council by making a written request to the city recorder within ten days of the finance director’s determination. If the costs of the abatement are not appealed in a timely manner and not paid within 30 days from the date the notice was mailed, or the date the notice was posted or published, whichever is later, an assessment of the costs of abatement shall be entered into the City’s permanent lien docket and shall become a final lien on the property from which the nuisance was abated. In the event of a timely objection or appeal, the assessment, if any, shall be entered upon conclusion of the objection or appeal process.

D. The lien shall be enforced in the same manner as liens for street improvements and shall bear interest at the rate established by Council resolution pursuant to BC 1.01.020. The interest shall begin to run from the date of the entry of the lien in the lien docket.

E. The City may include in one foreclosure proceeding as many accounts as the City may have against separate properties for abating nuisances pursuant to this chapter and may proceed to assess and collect single lot assessments against each of them in a single proceeding.

F. An error in the name of the person responsible shall not void the assessment, nor will a failure to receive the notice of the total cost of abatement render the assessment void, but it shall remain a valid lien against the property. [BC 5.05.215, amended by Ordinance No. 3451, 6/18/85; Ordinance No. 4369, 10/17/05]

5.05.220 Abatement: Joint Responsibility.

If more than one person is responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the City in abating the nuisance.

5.05.225 Abatement: Noxious Vegetation.

Whenever procedures are instituted to abate a nuisance defined under BC 5.05.090, the required mailings of notice may be performed by use of ordinary mail. The notice may be supplemented with a statement that the City, for a given fee, will cut the noxious vegetation at the written request of the person responsible.

5.05.227 Other Methods of Collection of Costs.

The costs assessed for abatement of a nuisance may be collected pursuant to ORS 30.310 or 30.315.

5.05.230 Summary Abatement.

A. A City representative may proceed summarily to abate a nuisance that imminently endangers human life or property. Notwithstanding BC 5.05.200, a person responsible for the nuisance condition shall pay the cost of abatement incurred by the City pursuant to BC 5.05.210, and the property shall be subject to an assessment and placement of a lien in accordance with BC 5.05.215. [BC 5.05.230A amended by Ordinance No. 3842, 4/12/93; and Ordinance No. 3979, 4/22/97.]

B. Notwithstanding the procedures for abatement set forth in BC 5.05.200 through 5.05.215, any personal property, other than motor vehicles, found to be in violation of BC 5.05.115, may be immediately seized and removed by a representative of the City without prior notice to the owner of the personal property. Disposition of the personal property shall be made pursuant to BC 2.05.010 through 2.05.026, except that personal property which per item has a fair market value of less than ten dollars as determined by the code enforcement officer may be salvaged or disposed of in any manner determined suitable by the City representative, and any costs incurred in salvage, disposal or storage may be assessed against any responsible person.

C. The City representative shall send written notice of the seizure and removal of personal property which per item has a fair market value in excess of ten dollars to one or more of the following persons:

1. the person believed to be the owner or otherwise lawfully entitled to possession of the personal property seized if known; or

2. the owner of the real property adjacent to the location of the personal property at the time of seizure as determined by the records of Washington County Department of Records and Elections.

D. The notice shall contain the following:

1. a description of the property seized;

2. location of the property at the time of seizure;

3. date and time of day of seizure;

4. a citation of the specific Code section violated;

5. location where the property is stored;

6. summary of the rights to reclaim the property pursuant to BC 2.05.010 through 2.05.034;

7. the right to request a hearing;

8. date of mailing of the notice; and

9. any applicable charges imposed pursuant to BC 2.05.010 through 2.05.034.

E. A hearing may be requested within ten days of mailing of the notice. The hearing shall be before the municipal court according to the procedure set forth in BC 2.10.010 through 2.10.050 as if a uniform infraction citation had been issued. Nothing in this section is intended to limit the City representative’s power to cause an infraction citation to be issued.

F. The hearing shall be limited to determination of the propriety of the seizure. Actual notice of the seizure is a waiver of the requirement of written notice. [BC 5.05.230, amended by Ordinance No. 3451, 6/18/85]

5.05.255 Violations.

A. Violation of this ordinance constitutes a Class l Civil Infraction and shall be processed according to the procedure set forth in BC 2.10.010 through 2.10.050.

B. Each violation of a separate provision of this ordinance shall constitute a separate civil infraction, and each day that a violation of a provision of this ordinance is committed or is permitted to continue shall constitute a separate civil infraction. [BC 5.05.255, added by Ordinance No. 3842, 4/12/93]

5.05.260 Separate Violations.

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

B. The requirement to abate a nuisance is not a penalty for violating this ordinance, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance. [BC 5.05.260 amended by Ordinance No. 3842, 4/12/93; and Ordinance No. 3872, 11/1/93.]