Chapter 8.04


8.04.010    Mill pond--Nuisance.

8.04.020    Mill pond--Unlawful.

8.04.030    Poplar trees.

8.04.035    Unlawful accumulation of junk.

8.04.040    Nuisances affecting public health.

8.04.050    Attractive nuisances.

8.04.060    Ice and snow removal.

8.04.070    Drainage of surface waters.

8.04.080    Unnecessary noise.

8.04.090    Keeping bees.

8.04.095    Trackout prohibited.

8.04.100    Abatement--Notice.

8.04.110    Abatement--By owner.

8.04.120    Abatement--By city.

8.04.130    Abatement--Assessment of costs.

8.04.140    Summary abatement.

8.04.150    Penalty.

8.04.010 Mill pond--Nuisance.

The construction and maintenance of a mill pond or other open pond to be filled with water and used in connection with operation of any sawmill, planing mill or like operations is and the same is declared to be a nuisance and dangerous to the public health and welfare of the citizens of the city. (Ord. 301 §1, 1951).

8.04.020 Mill pond--Unlawful.

It is unlawful for any person, persons, firm or corporation or any agent for such person, persons, firm or corporation, or an employee thereof to construct and maintain any pond or open excavation to be filled with water and used in the operation of any sawmill, planing mill or other mill business. (Ord. 301 §2, 1951).

8.04.030 Poplar trees.

Because of the destructive character of the roots of the poplar trees, in the upheaval of sidewalks and the stoppage of sewer pipes, located and growing within the city said trees are declared to be a nuisance and may be removed and abated according to this chapter. (Ord. 880 §1, 1967).

8.04.035 Unlawful accumulation of junk.

A. No person shall cause or allow an unsightly or malodorous accumulation of junk, garbage, animal feces, scrap metal, scrap lumber, used tires, discarded building material, discarded vehicles or parts thereof, appliances or fixtures, or dismantled machinery on public or private property unless the property is in lawful use for junk storage or recycling in compliance with applicable state and federal laws and this code.

B. A violation of this section shall be punishable under and subject to the terms of the general penalty section contained in Chapter 1.16 of this code.

C. In addition, the unlawful accumulation of junk as defined by this section is declared to be a nuisance and may be abated as provided for hereinafter in this chapter. (Ord. 1577, 1986).

8.04.040 Nuisances affecting public health.

The following are declared to be nuisances affecting the public health and may be abated in the manner prescribed by this chapter:

A. Privies. Any open vault or privy maintained within the city, except those privies used in connection with construction projects and constructed in accordance with the directions of the city engineer;

B. Debris on Private Property. All accumulations of debris, rubbish, manure and other refuse located on private property and which has not been removed within a reasonable time and which affects the health, safety or welfare of the city;

C. Stagnant Water. Any pool of water which is without a proper inlet or outlet and which, if not controlled, will be a breeding place for mosquitoes and other similar insects;

D. Water Pollution. The pollution of any body of water or stream or river by sewage, industrial wastes or other substances placed in or near such water in a manner that will cause harmful material to pollute the water;

E. Food. All decayed or unwholesome food which is offered for human consumption;

F. Odor. Any premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition;

G. Burning Garbage or Refuse. Any burning of garbage or refuse;

H. Air Pollution. The pollution of any air within the city, whether from a source within or without the city, by depositing smoke, particulate, odor or heat into the air by any means;

I. Homegrown or Medical Marijuana Grows. Any violation of Chapter 8.45 shall be deemed a nuisance affecting public health, including but not limited to odors emanating from the premises or indoor structure; noise from grow operations emitting from the premises or indoor structure; visibility of marijuana from outside the household, premises or indoor structure as defined therein; and failure to maintain such marijuana cultivation within a secure structure as defined in Chapter 8.45;

J. Any street, road, alley, bridge, culvert, ditch or body of water within the city, whether privately or publicly owned, which is open to use by the public, and which is in such a condition or state of disrepair as to constitute an immediate hazard to the health, safety or welfare of any person. (Ord. 2011 §1(part), 2015; Ord. 1341 §1, 1979; Ord. 1309 §1, 1978; Ord. 877, 1967; Ord. 860, 1967; Ord. 817 §1, 1966).

8.04.050 Attractive nuisances.

A. No owner, lessee, occupant or other person having control, custody or management of any premises shall suffer or permit to remain unguarded upon the premises any machinery, equipment, homegrown or medical marijuana, or other devices which are attractive and dangerous to children.

B. No owner, lessee, occupant or person having control, custody or management of any premises shall suffer or permit to remain unguarded upon the premises a pit, quarry, cistern, well or other excavation.

C. A nuisance as described in this section may be abated as provided in this chapter. (Ord. 2011 §1(part), 2015; Ord. 817 §2, 1966).

8.04.060 Ice and snow removal.

No person owning or controlling premises, improved or unimproved, abutting upon a public sidewalk within the city shall:

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

B. Permit the sidewalk to be covered with ice. It shall be the duty of the person within the first two hours of daylight after the ice has formed to remove ice accumulating on the sidewalk or to properly cover it with sand, ashes or other suitable material to assure safe travel. (Ord. 817 §3, 1966).

8.04.070 Drainage of surface waters.

A. No person, owning or controlling any real property shall permit rainwater, ice or snow to fall from a building or structure upon a street or sidewalk or permit any type of surface water from any source whatsoever to flow from the premises across or upon any sidewalk abutting his property.

B. It is made the duty of each person owning or controlling real property abutting upon any sidewalk to provide a proper system of drainage so that any overflow water will not be carried across or upon any sidewalk.

C. The improper drainage of any type of water from any source across or upon any sidewalk is declared to be a nuisance and may be abated as provided in this chapter. (Ord. 817 §4, 1966).

8.04.080 Unnecessary noise.

A. No person shall create, assist in creating, permit, continue or permit the continuance of any loud, disturbing or unnecessary noise in the city.

B. The following acts are declared to be violations of this section, but the enumeration shall not be deemed to be exclusive:

1. The keeping of any animal which by frequent or loud continued noise disturbs the comfort and repose of any person in the vicinity;

2. The use of any vehicle or engine, stationary or moving instrument, device or thing so out of repair or so loaded or operated in such a manner as to create loud or unnecessary grating, grinding, rattling or other noises;

3. The sounding of any horn or signal device on any vehicle on any street or public place of the city, except as a necessary warning of danger to property or person;

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

5. The erection, including excavation, demolition, alteration or repair of any building, other than between the hours of seven a.m. and six p.m., except upon special permit granted by city staff;

6. The use of any gong or siren upon any vehicle other than fire vehicle or other duly authorized emergency vehicle;

7. The operation of any gasoline engine without having the same equipped with and using thereupon a muffler;

8. The use of a “muffler cutout” on any motor vehicle upon any street;

9. The use or operation of any automatic or electric piano, phonograph, radio, loudspeaker or any sound amplifying device so loud as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided however, that upon application to city staff permits may be granted to responsible persons or organizations to broadcast programs of music, news, speeches or general entertainment, said staff to be guided by all considerations of weighing the utility of the use applied for against the harm, if any, to other persons caused by such use;

10. The conducting, operating or maintaining of any garage within one hundred feet of any building used as a private residence, apartment house, rooming house or hotel in such a manner as to cause loud or offensive noises to be emitted therefrom between the hours of eleven p.m. and seven a.m. (Ord. 1755 §1, 1996; Ord. 817 §5, 1966).

8.04.090 Keeping bees.

A. No person shall have, keep or maintain or permit to be kept or maintained upon land under his control any hives, swarms or colonies of bees, except as permitted in accordance with the bee keeping requirements in Section 6.05.020.

B. A violation of Section 6.05.020 is declared to be a public nuisance, and may be abated as provided for in this chapter. (Ord. 2016 §1, 2015; Ord. 817 §6, 1966).

8.04.095 Trackout prohibited.

A. No person shall, by driving or moving a vehicle or by any other means, track or deposit mud, soil or debris of any kind onto the surface of any street, alley, sidewalk or public way.

B. The tracking of mud, soil or debris onto streets, alleys, sidewalks or public ways is declared to constitute a public nuisance and may be abated as provided in this chapter. (Ord. 1705, 1994).

8.04.100 Abatement--Notice.

A. Upon determination by the city’s code enforcement officer that a nuisance as defined in this chapter exists, the code enforcement officer shall forthwith cause a notice to be posted on the premises liable for the abatement directing the removal of the nuisance.

B. At the time of posting, the recorder shall cause a copy of the notice to be forwarded by registered or certified mail, postage prepaid, to the owner or agent in charge of the property at the last known address of the owner or agent.

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 remove the nuisance within seven days from the date of the notice;

3. A description of the nuisance;

4. A statement that unless the nuisance is removed within the specified period the city will remove the nuisance and the cost of removal shall be a lien against the property;

5. A statement that the owner or agent in charge of the property may protest the action by giving notice to the recorder within two business days from the date of the notice.

D. The person posting and mailing the notice as provided herein shall, upon completion of the posting and mailing, execute and file a certificate stating the date and place of the mailing and posting.

E. An error in the name or address of the owner or agent in charge of the property or the use of a name other than that of the owner or agent shall not make the notice void and in such a case the posted notice shall be deemed sufficient. (Ord. 1896 §1, 2006; Ord. 817 §7, 1966).

8.04.110 Abatement--By owner.

A. Within seven days after the posting and mailing of the notice as provided in this chapter, the owner or agent in charge of the property shall remove and abate the nuisance or show that no nuisance exists.

B. The owner or agent in charge protesting that no nuisance in fact exists shall file with the recorder a written statement which shall specify the basis for contending that no nuisance exists.

C. The statement shall be referred to the city manager, who shall thereupon determine whether a nuisance in fact exists.

D. The city manager’s decision may be appealed to the city council by filing a written request for review no later than three business days after receipt of the city manager’s written decision. City council review shall be conducted at the next available city council meeting, at which time all parties with relevant information shall be allowed to be heard.

E. Upon final determination that a nuisance does in fact exist, the owner or agent shall within three days after such final determination remove or abate such nuisance. (Ord. 1969 §1(part), 2013; Ord. 1896 §2, 2006; Ord. 817 §8, 1966).

8.04.120 Abatement--By city.

A. If within the time fixed, as provided in this chapter, the nuisance has not been abated by the owner or agent in charge of the property, the city’s code enforcement officer shall cause the nuisance to be abated.

B. The officer charged with abatement of the nuisance shall have the right at reasonable times to enter into or upon any property in accordance with the provisions of Chapter 1.12 to investigate or cause the removal of the nuisance.

C. The finance director shall maintain an accurate record of the expense incurred by the city in abating the nuisance and shall include an overhead charge to cover the cost of administration.

D. The total cost, including the administrative overhead, shall thereupon be assessed to the property as hereinafter provided. (Ord. 1896 §3, 2006; Ord. 817 §9, 1966).

8.04.130 Abatement--Assessment of costs.

A. A notice of the assessment shall be forwarded by registered or certified mail, postage prepaid, to the owner or agent in charge of the property by the recorder. The notice shall contain:

1. The total cost, including administrative overhead, of the abatement;

2. A statement that the cost as indicated will become a lien against the property unless paid within sixty days;

3. A statement that if the owner or agent in charge of the property objects to the cost of the abatement as indicated, he may file a notice of objection with the recorder within thirty days from the date of the notice.

B. Upon the expiration of thirty days after the date of the notice, objections to the proposed assessment shall be heard and determined by the council in its regular course of business.

C. An assessment for the cost of abatement as determined by the council shall be made by resolution of the council and shall thereupon be entered in the docket of city liens and, upon such entry being made, it shall constitute a lien upon the property from which the nuisance was removed and abated.

D. The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of six percent per year. Such interest shall commence to run thirty days after the entry of the lien in the lien docket.

E. An error in the name of the owner or agent in charge of the property shall not void the assessment nor will a failure to receive the notice of the assessment render the assessment void, but it shall remain a valid lien against the property. (Ord. 817 §10, 1966).

8.04.140 Summary abatement.

The abatement procedure provided by Sections 8.04.100 through 8.04.130 is not exclusive; and furthermore, the health officer, the chief of the fire department and the police officers of this city may proceed summarily to abate a health or other nuisance which unmistakably exists and from which there is imminent danger to human life or property, including but not limited to failure to secure medical or homegrown marijuana so as to prevent access by children, visitors, casual passersby, vandals or anyone not licensed, authorized, or legally permitted to possess medical or homegrown marijuana. (Ord. 2011 §1(part), 2015; Ord. 817 §11, 1966).

8.04.150 Penalty.

Any person convicted of maintaining any nuisance as defined or prohibited in this chapter shall be subject to punishment under the general penalty ordinance. Each day of such violation constitutes a new offense. (Ord. 1716 §10, 1995; Ord. 817 §12, 1966).


For statutory provisions regarding nuisances, see ORS 221.915; for the provisions regarding actions and suits for nuisances, see ORS 105.505--105.520; for the Charter provisions concerning nuisances, see City Charter Art. VII §4.