Chapter 8.15
NUISANCES

Sections:

Article I. General Provisions

8.15.010    Definitions.

8.15.020    Unenumerated nuisances.

Article II. Nuisances Affecting Public Health

8.15.030    Nuisances affecting public health.

8.15.040    Garbage accumulation.

8.15.050    Junk accumulation.

8.15.052    Disposition of human remains.

Article III. Nuisances Affecting Public Safety

8.15.055    Enclosure of wrecking yards required.

8.15.060    Abandoned iceboxes.

8.15.070    Attractive nuisances.

8.15.080    Snow and ice removal.

8.15.090    Scattering rubbish.

8.15.100    Trees.

8.15.110    Fences.

8.15.120    Surface waters – Drainage.

8.15.130    Dangerous excavations.

8.15.140    Radio and television interference.

8.15.150    Unnecessary noise – Permitted exceptions.

8.15.160    Unlawful businesses.

Article IV. Uniform Nuisance Abatement Procedure

8.15.170    Establishment, purpose and title.

8.15.180    Definitions.

8.15.190    Abatement notice.

8.15.200    Abatement by responsible party – Appeal and hearing procedures.

8.15.210    Abatement by city.

8.15.220    Assessment of costs.

8.15.230    Abatement – Joint responsibility.

8.15.240    Summary abatement.

8.15.250    Nonexclusive remedy.

Article V. Penalty

8.15.260    Penalty.

Cross-references: Nuisances involving animals and fowl, see NMC Title 6; nuisances involving abandoned and discarded motor vehicles, see Chapter 8.05 NMC; obstructions, see NMC 9.25.070 and 9.25.080; nuisance abatement, see NMC 9.25.100.

Article I. General Provisions

8.15.010 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

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

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

Person responsible” means the person responsible for abating a nuisance and shall include:

1. The person in charge of property, as defined in this section.

2. The person who caused to come into or continue in existence a nuisance, as defined in this chapter or any other ordinance of this city.

Public place” means a building, way, place or accommodation, whether publicly or privately owned, open and available to the general public. [Ord. 1690, 3-19-73. Code 2001 § 95.01.]

8.15.020 Unenumerated nuisances.

A. In addition to the acts and conditions specifically enumerated in this chapter, any condition, thing, substance or activity which is detrimental to, injurious to or constitutes a danger to the public health, safety or welfare is declared to be a nuisance and is subject to the abatement procedures set forth in this chapter.

B. A condition, thing, substance or activity declared to be a nuisance by another ordinance of this city is subject to the abatement procedures of this chapter if no abatement procedures are provided by such ordinance. [Ord. 1690, 3-19-73. Code 2001 § 95.02.]

Article II. Nuisances Affecting Public Health

8.15.030 Nuisances affecting public health.

A. No person shall cause or permit on property owned or controlled by the person a nuisance affecting the public health.

B. The following are nuisances affecting the public health and may be abated as provided in this chapter:

1. 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 Oregon State Board of Health regulations.

2. 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.

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

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

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

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

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

8. Cesspools. Cesspools or septic tanks which are in an unsanitary condition or which cause an offensive odor.

9. Slaughterhouses, Tanneries, and Similar Operations. A slaughterhouse, tannery, rendering plant, glue manufacturing plant or any other establishment which causes offensive odors.

10. Obstruction of Drains. The obstruction or interference with the flow of water in any ditch, drain or catch basin constructed in a public street in connection with the improvement of the street. [Ord. 1690, 3-19-73. Code 2001 § 95.15.]

Penalty: See NMC 8.15.260.

8.15.040 Garbage accumulation.

It shall be unlawful for any person to place, leave, dump or permit the accumulation of any garbage or trash in any building, structure or premises so that the same shall afford food or harborage for rats, or to dump or place on any premises, land or waterway any dead animals or waste vegetable or animal matter of any kind. [Ord. 2467, 3-3-97. Code 2001 § 95.17.]

Penalty: See NMC 8.15.260.

8.15.050 Junk accumulation.

It shall be unlawful for any person to accumulate or permit the accumulation on any open lot or other premises of any lumber, boxes, barrels, bricks, stones, scrap metal, motor vehicle bodies or parts, or similar materials, rubbish or any articles of junk which could provide rat harborage, unless the same shall be placed on open racks that are elevated not less than three inches above the ground and shall be evenly piled or stacked. [Ord. 2467, 3-3-97. Code 2001 § 95.18.]

Penalty: See NMC 8.15.260.

8.15.052 Disposition of human remains.

No person shall inter human remains except within a cemetery approved for that purpose. [Ord. 2763 § 1 (Exh. A § 24), 9-16-13.]

Article III. Nuisances Affecting Public Safety

8.15.055 Enclosure of wrecking yards required.

A. It shall be unlawful for any person, firm or corporation to conduct a business of wrecking, dismantling or substantially altering the form of any motor vehicle in the city without confining such business within a building or within a fenced enclosure; which fence shall be:

1. Constructed of boards fitted close together so as to make a substantially tight fence;

2. Whitewashed or painted; and

3. Of a height of at least six feet above the ground.

B. With the exception of a reasonable display of merchandise, no motor vehicle parts belonging to or under the control of any such person, firm or corporation conducting such wrecking business shall be placed on the outside or near any fence or building in which the business is conducted.

C. The outside of such premises shall at all times be kept clear of debris and in a clean condition.

D. Nothing herein contained shall be construed as an authorization or permit to conduct a public nuisance within the city. [Ord. 843, 9-7-37. Code 2001 § 95.29.]

Penalty: See NMC 8.15.260.

8.15.060 Abandoned iceboxes.

No person shall leave in a place accessible to children an abandoned or discarded icebox, refrigerator or similar container without first removing the door. [Ord. 1690, 3-19-73. Code 2001 § 95.30.]

Penalty: See NMC 8.15.260.

8.15.070 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 or piling placed or stored in a manner so as to be attractive, dangerous and accessible to children.

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

B. This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children. [Ord. 1690, 3-19-73. Code 2001 § 95.31.]

Penalty: See NMC 8.15.260.

8.15.080 Snow and ice removal.

A. No owner or person in charge of property shall allow snow or ice to remain on the sidewalk abutting that property for a period longer than the first 12 hours of daylight after the snow has fallen.

B. No owner or person in charge of property shall allow ice to remain on the sidewalk abutting that property for more than 12 hours of daylight after the ice has formed unless covered with ash, sand or other suitable materials.

C. No person shall place or deposit snow, except snow removed from public sidewalks, on any parking strip or street. [Ord. 1690, 3-19-73. Code 2001 § 95.32.]

Penalty: See NMC 8.15.260.

8.15.090 Scattering rubbish.

No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property, or would be likely to injure a person, animal or vehicle traveling upon a public way. [Ord. 1690, 3-19-73. Code 2001 § 95.33.]

Penalty: See NMC 8.15.260.

8.15.100 Trees.

A. No owner or person in charge of property that abuts upon any street or public sidewalk shall permit trees or bushes on that property to interfere with street or sidewalk traffic. It shall be the duty of an owner or person in charge of property that abuts upon a street or public sidewalk to keep all trees and bushes on the premises, including the adjoining parking strip, trimmed to a height of not less than eight feet above the sidewalk and not less than 14 feet above the roadway.

B. No owner or person in charge of property shall allow to stand any dead or decaying tree that is a hazard to the public or to persons or property on or near the property. [Ord. 1690, 3-19-73. Code 2001 § 95.34.]

Penalty: See NMC 8.15.260.

8.15.110 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 about 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 along a sidewalk or public way. [Ord. 1690, 3-19-73. Code 2001 § 95.35.]

Penalty: See NMC 8.15.260.

8.15.120 Surface waters – Drainage.

A. No owner or person in charge of any building or structure shall suffer or permit rainwater, ice or snow to fall from the building or structure onto a street or public sidewalk or to 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 is not carried across or upon the sidewalk. [Ord. 1690, 3-19-73. Code 2001 § 95.36.]

Penalty: See NMC 8.15.260.

8.15.130 Dangerous excavations.

A. No owner or person in charge of property shall allow an excavation to remain unguarded by suitable barriers.

B. In addition to the barriers required by subsection (A) of this section, excavations shall be marked by amber warning lights during the hours of darkness.

C. An obstruction on a street, sidewalk, public way or pathway commonly used by the public shall be marked by amber warning lights during the hours of darkness. It shall be the responsibility of the person creating, maintaining or in charge of such obstruction to ensure the installation and operation of the warning lights. [Ord. 1690, 3-19-73. Code 2001 § 95.37.]

Penalty: See NMC 8.15.260.

8.15.140 Radio and television interference.

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

B. This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission. [Ord. 1690, 3-19-73. Code 2001 § 95.38.]

Penalty: See NMC 8.15.260.

8.15.150 Unnecessary noise – Permitted exceptions.

A. Unreasonable Noise and Exceptions.

1. No person shall make, continue, or cause to be made or continued:

a. Any unreasonably loud, raucous, disturbing, or injurious noise; or

b. Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the city; or

c. Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.

2. Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following:

a. The proximity of the sound to sleeping facilities, whether residential or commercial;

b. The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;

c. The time of day or night the sound occurs;

d. The duration of the sound; and

e. Whether the sound is recurrent, intermittent, or constant.

3. The following acts are declared to be per se violations of this section. This enumeration does not constitute an exclusive list:

a. Unreasonable Noises. The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park, or other place or building. The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business are exempted from this provision.

b. Vehicle Horns, Signaling Devices, and Similar Devices. The sounding of any horn, signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on any right-of-way or in any public space of the city, for more than 10 consecutive seconds. The sounding of any horn, signaling device, or other similar device as a danger warning is exempt from this prohibition.

c. Nonemergency Signaling Devices. Sounding or permitting sounding any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes, from any place for more than 10 consecutive seconds in any hourly period. The reasonable sounding of such devices by houses of religious worship, ice cream trucks, seasonal contribution solicitors or by the city for traffic control purposes are exempt from the operation of this provision.

d. Emergency Signaling Devices. The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in subsections (A)(3)(d)(i) and (ii) of this section.

i. Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test time exceed five minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month.

ii. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm shall terminate within 15 minutes of activation unless an emergency exists. If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of this section.

e. Radios, Televisions, Boomboxes, Phonographs, Stereos, Musical Instruments and Similar Devices. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors and passers-by, or is plainly audible at a distance of 50 feet from any person in a commercial, industrial area, or public space. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors in residential or noise-sensitive areas, including multifamily or single-family dwellings.

f. Loudspeakers, Amplifiers, Public Address Systems, and Similar Devices. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays in the following areas:

i. Within or adjacent to residential or noise-sensitive areas;

ii. Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud and raucous.

This shall not apply to any public performance, gathering, or parade for which a permit has been obtained from the city.

g. Yelling, Shouting, and Similar Activities. Yelling, shouting, hooting, whistling, or singing in residential or noise-sensitive areas or in public places, between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities. This section is to be applied only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration, location, timing or other factors not based on content.

h. Animals and Birds. Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird.

i. Loading or Unloading Merchandise, Materials, and Equipment. The creation of unreasonably loud, raucous, and excessive noise in connection with the loading or unloading of any vehicle at a place of business or residence.

j. Construction or Repair of Buildings, or Excavation of Streets and Highways. The construction, demolition, alteration or repair of any building or the excavation of streets and highways other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays. In cases of emergency, construction or repair noises are exempt from this provision. In nonemergency situations, the city may issue a permit, upon application, if the city determines that the public health and safety, as affected by loud and raucous noise caused by construction or repair of buildings or excavation of streets and highways between the hours of 7:00 p.m. and 7:00 a.m. will not be impaired, and if the city further determines that loss or inconvenience would otherwise result. The permit shall grant permission in nonemergency cases for a period of not more than three days. The permit may be renewed once for a period of three days or less.

k. Noise-Sensitive Areas – Schools, Courts, Churches, Hospitals, and Similar Institutions. The creation of any unreasonably loud and raucous noise adjacent to any noise-sensitive area while it is in use, which unreasonably interferes with the workings of the institution or which disturbs the persons in these institutions; provided, that conspicuous signs delineating the boundaries of the noise-sensitive area are displayed in the streets surrounding the noise-sensitive area.

l. Blowers and Similar Devices. In residential or noise-sensitive areas, between the hours of 7:00 p.m. and 7:00 a.m., the operation of any noise-creating blower, power fan, or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids; provided, that the noise is unreasonably loud and raucous and can be heard across the property line of the property from which it emanates.

m. Commercial Establishments Adjacent to Residential Property. Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment, between the hours of 10:00 p.m. and 7:00 a.m. which is plainly audible at a distance of five feet from any residential property.

n. Train Whistles. No provision regarding train whistles is proposed at this time due to preemption by the federal government. See “Use of Locomotive Horns at Highway-Rail Grade,” 49 CFR Parts 222 and 229; Federal Register, Vol. 71, No. 159, Thursday, August 17, 2006, page 47,614.

B. No person shall make, assist in making, continue or cause to be made any unreasonably loud, raucous, disturbing, or injurious noise, which either annoys, disturbs or endangers the comfort, repose, health, safety or peace of others.

C. Permitted Exceptions.

1. Upon application to the city, a permit may be granted by the city for events held during the Old Fashioned Festival. Such permit may be exempt from the noise requirements of this chapter and any or all official event activities, provided they do not disrupt emergency service communications. “Disruption of emergency service communications” is defined as any noise so loud as to be audible from within the public safety answering point (PSAP), and which is distracting or disrupting to emergency communications personnel. Further, all noise shall be restricted between the hours of 11:00 p.m. and 7:00 a.m. if such noise disturbs adjacent occupants in a residential area.

2. Upon application to the city council, permits may be granted by the city council to responsible persons or organizations for the broadcast or amplification of programs of music, news, speeches or general entertainment as a part of a national, state or city event, public festivals, or outstanding events of a commercial or noncommercial nature, provided they do not disrupt emergency service communications. “Disruption of emergency service communications” is defined as any noise so loud as to be audible from within the public safety answering point (PSAP) and which is distracting or disrupting to emergency communications personnel. Further, all noise shall be restricted between the hours of 10:00 p.m. and 7:00 a.m. if such noise disturbs adjacent occupants in a residential area.

3. Upon application to the city, permits may be granted by the city to responsible persons or organizations for the broadcast or amplification of programs of music, news, speeches or general entertainment as a part of a national, state or city event, public festivals, or outstanding events of a noncommercial nature. The broadcast or amplification shall not be audible for a distance of more than 200 feet from the instrument, speaker or amplifier; and in no event shall a permit be granted where an obstruction to the free and uninterrupted traffic, both vehicular and pedestrian, will result. Further, such amplification or broadcast shall be restricted between the hours of 10:00 p.m. and 7:00 a.m. if such noise disturbs adjacent occupants in a residential area.

4. The city council may grant a variance of limited duration from the particular requirements of this chapter for a specific event or activity if the city council determines that not granting the variance would produce hardship without equal or greater benefit to the public. Any person requesting a variance shall make the request in writing to the city manager or designee and state in a concise manner the facts to show why such variance should be granted. The city manager or designee will place the application on the city council’s agenda for the next regular meeting after the date the city manager or designee receives the application. A variance granted may be revoked by the city manager or designee in the case of an emergency or safety hazard, or if the conditions of the variance granted are violated. The person whose variance is revoked may appeal the revocation to the city council. Nothing in this chapter affects the city’s ability to protect the public against harmful effects of noise under remedies supplied in other sections of this code or other applicable provisions of law.

5. Permits for use of the Newberg cultural district festival street are issued pursuant to NMC 12.05.245.

D. Noise Measurement. For the purpose of determining and classifying any noise as unreasonably loud, raucous, disturbing, or injurious as declared to be unlawful and prohibited by this section, the following test measurements and requirements may be applied; provided, however, that a violation of this section may occur without the following measurements being made:

1. Noise occurring within the jurisdiction of the city shall be measured at least 25 feet from a noise source located within a public right-of-way, and if the noise source is located on private property or property other than a public right-of-way, at least 25 feet from the property line of the property on which the noise source is located. When the location or distance prescribed for the measurement of noise is impractical or would provide misleading or inaccurate results, measurements may be taken at other locations and distances using any appropriate correction factors.

2. Measurements shall be made with a calibrated sound level meter of standard design and quality that meets specifications established by the American National Standards Institute (ANSI).

3. In all sound measurements consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement.

E. Permissible Noise Levels.

1. A noise measured as provided above from any source, other than as provided in this section, which is equal to or in excess of the dBA established for the time period and zones listed below is declared to be unlawful:

Zone

7:00 a.m. to 7:00 p.m.

7:00 p.m. to 7:00 a.m.

Residential

55 dBA

50 dBA

Commercial

60 dBA

55 dBA

Light industrial

70 dBA

65 dBA

Industrial

80 dBA

75 dBA

2. For the purposes of this section, “residential” means an area of single-family or multifamily dwellings where businesses may or may not be conducted in such dwellings and may include areas containing accommodations for transients such as motels, hotels and residential areas with limited office development. It may also include educational facilities, hospitals, nursing homes, churches and similar institutions.

3. When a noise source can be measured from more than one zone, the permissible sound level of the more restrictive zone shall govern in the more restrictive zone.

4. Periodic, impulsive or shrill noises are declared unlawful when such noises are at a sound level of five dBA less than those listed above.

F. Exemptions. The following sounds or noise-producing actions are deemed to be of such importance to the community as to be exempted from the provisions of this section within the limits established below:

1. Sounds produced at sporting events authorized by the appropriate responsible agency that are held within the boundaries of the city.

2. The use of domestic power tools for lawn care, landscaping and leaf removal and/or collection, and gardening between the hours of 8:00 a.m. and dusk.

3. The use of power tools engaged in hobby craft and light household maintenance between the hours of 8:00 a.m. and dusk.

4. Sounds produced by the performance of emergency work, vehicles or equipment, including police, fire and ambulance.

5. Sounds made by warning devices operating continuously for three minutes or less.

6. Sounds caused by parades, fireworks displays and other special events for which a permit has been obtained from the city.

7. Sounds produced by the loading, unloading, opening or otherwise handling of garbage cans or containers by an authorized garbage collection and/or recycling operator.

8. Sounds produced by a public utility, its agents or contractors, in the act of construction, repair, or maintenance of a public improvement or utility.

G. Enforcement. Enforcement of the provisions of this section shall be carried out by officers of the city who have received training in the techniques of sound measurement and the operating of sound-measuring instruments and are authorized by the city to issue citations for violations of this section. [Ord. 2779 § 2, 2-17-15; Ord. 2773, 7-7-14; Ord. 2672, 6-4-07; Ord. 2486, 10-6-97; Ord. 2470, 4-7-97; Ord. 2392, 10-6-94; Ord. 1690, 3-19-73. Code 2001 § 95.39.]

Penalty: See NMC 8.15.260.

8.15.160 Unlawful businesses.

A. It is a public nuisance for any person in charge of property to permit or any person to cause to exist any place of business where patrons, employees, residents or occupants engage in a pattern of behavior in the neighborhood involving the commission of three or more of the following offenses:

1. Public drinking of alcohol as defined by ORS 430.325, titled “Prohibitions on local governments as to certain crimes.”

2. Loitering to solicit prostitution, ORS 167.002.

3. Unlawful prostitution procurement activities, ORS 167.012.

4. Unnecessary noise, as defined by this chapter.

5. Assault, ORS 163.160, 163.165, 163.175, or 163.185.

6. Sexual abuse, ORS 163.415, 163.425, or 163.427.

7. Public indecency, ORS 163.465.

8. Criminal trespass, ORS 164.245 or 164.255.

9. Criminal mischief, ORS 164.345, 164.354, or 164.365.

10. Disorderly conduct, ORS 166.025.

11. Harassment, ORS 166.065.

12. Minor in possession of alcohol, ORS 471.430.

13. Unlawful sale of tobacco to minors and/or unlawful possession of tobacco by minors, ORS 163.575.

14. Unlawful manufacture, delivery, or possession of a controlled substance, ORS 475.992.

15. Public urination/defecation, as defined by this chapter and NMC 9.05.090.

B. For purposes of this section, “pattern of behavior in the neighborhood” means one or more patrons, employees, residents, or occupants of the place or business having been arrested or issued a citation for violation of three or more of any of the offenses specified in subsection (A) of this section that occur over any six-month period at the place or business or within 300 feet of the place or business.

C. It is unlawful for any place or business to be a public nuisance or to be used as a public nuisance. If any place or business is found to be a public nuisance, or to be used as such, it shall be subject to closure for a period of up to one year. [Ord. 2733 Att. A, 2-7-11; Ord. 2425, 12-8-95. Code 2001 § 95.40.]

Penalty: See NMC 8.15.260.

Article IV. Uniform Nuisance Abatement Procedure

8.15.170 Establishment, purpose and title.

A. A uniform nuisance abatement procedure is established and continued to simplify the abatement of nuisances existing in the city.

B. This article shall be known and referred to as the uniform nuisance abatement procedure ordinance and may also be referred to herein as “this article.” [Ord. 2781 § 1, 5-4-15.]

8.15.180 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Enforcement officer” means the code enforcement officer or any other person designated by the city manager to enforce the provisions of the Newberg Municipal Code.

Nuisance” means any act, status, condition, thing, substance or activity which is detrimental to, injurious to, or constitutes a danger to the public health, safety or welfare or which is declared, defined, designated or denominated to be a nuisance by any ordinance of the city.

Person” means any natural person or persons, firm, partnership, association or corporation.

Responsible party” means the person responsible for curing or remedying a nuisance and includes:

1. The owner of the property, the owner’s manager or agent, or other person in control of the property on behalf of the owner;

2. The person occupying the property, including but not limited to, a bailee, lessee, tenant or other person having possession;

3. The person who is alleged to have established, allowed, or continues the nuisance. [Ord. 2781 § 1, 5-4-15.]

8.15.190 Abatement notice.

A. If the enforcement officer is satisfied that a nuisance as defined in this chapter or any other ordinance of the city exists, the enforcement officer shall cause a notice to be posted on the premises or at the site of the nuisance directing the responsible party to abate the nuisance.

B. At the time of posting, the enforcement officer shall cause a copy of the notice to be forwarded by registered or certified mail, postage prepaid, to the responsible party at their last known address. The billing address contained in the city’s utility billing system for the property shall be prima facie evidence of the address of the responsible party.

C. The notice to abate shall contain:

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

2. A direction to abate the nuisance within 10 days from the date of the notice.

3. A description of the nuisance.

4. A statement that, unless the nuisance is removed, the city may abate the nuisance, and the cost of abatement shall be charged to the responsible party or assessed against the property, or both.

5. A statement that the responsible party may protest the order to abate by giving notice to the enforcement officer within 10 days from the date of the notice.

6. A statement that failure to abate a nuisance may result in a court action.

D. Upon completion of the posting and mailing, the enforcement officer posting and mailing shall execute and file certificates stating the date and place of the mailing and posting respectively.

E. An error in the name or address of the responsible party shall not make the notice void, and in such a case the posted notice shall be sufficient.

F. Personal service, proved by certificate of the enforcement officer, may be used in lieu of the above process for posting and mailing.

G. The date of posting or personal service shall be the date of the notice as that term is used in this article. [Ord. 2781 § 1, 5-4-15.]

8.15.200 Abatement by responsible party – Appeal and hearing procedures.

A. Within 10 days after the date of the notice as provided in NMC 8.15.190, a responsible party shall remove the nuisance or show that no nuisance exists.

B. A responsible party, protesting that no nuisance exists, shall file with the enforcement officer a written statement specifying the basis of protest and specifying a mailing address for receipt of notification of the hearing of the protest.

C. The statement shall be referred to the municipal court, which shall schedule the protest for a hearing and notify the protesting party by first class mail of the date and time of the hearing. At the time set for consideration of the protest, the person protesting may appear and be heard. Hearings held under this section may be informal in nature, but the presentation of evidence in a hearing shall be consistent with the presentation of evidence required for contested cases as provided by ORS 183.450. The municipal court shall determine whether or not a nuisance exists. The standard of proof shall be a preponderance of the evidence.

D. If the municipal court determines that a nuisance exists, a responsible party shall, within 10 days, or such other reasonable time ordered by the municipal court, abate the nuisance.

E. Review of Decision. Judicial review of the municipal court determination shall exclusively be taken by way of writ of review (ORS 34.010 et seq.).

F. Alternate Dispute Resolution. If, in the judgment of the municipal court, the protest appears reasonably capable of resolution through an alternate dispute resolution process, the municipal court may abate the protest hearing for a time period, not to exceed 60 days, to allow the parties to pursue settlement. The municipal court retains jurisdiction of the matter and any proposed settlement shall be submitted to the municipal court for review and approval. [Ord. 2781 § 1, 5-4-15.]

8.15.210 Abatement by city.

A. If, within the time allowed, the nuisance has not been abated by a responsible party, the municipal court may authorize the city to abate the nuisance.

B. The enforcement officer and city employees assisting the enforcement officer charged with abatement of the nuisance shall have the right at reasonable times to enter into and upon the property in accordance with law to investigate or cause the removal of a nuisance.

C. The enforcement officer shall keep an accurate record of the expense incurred by the city in physically abating the nuisance, and shall include therein a charge of 25 percent of the expense for administration overhead. [Ord. 2781 § 1, 5-4-15.]

8.15.220 Assessment of costs.

A. The enforcement officer, by registered or certified mail, postage prepaid, or by personal service, shall forward to a responsible party a notice stating:

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

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

3. That if the responsible party objects to the cost of the abatement as indicated, they may file a written statement with the enforcement officer not more than 10 days from the date of the notice. The statement shall be referred to the municipal court which will schedule a hearing to consider the objection.

B. The municipal court shall hear and determine any objections to the costs to be assessed. If the municipal court determines the costs of abatement to be correct, or if no objection is received, the municipal court may enter a judgment for the reasonable costs to be assessed.

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

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

E. An error in the name of the responsible party shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property. [Ord. 2781 § 1, 5-4-15.]

8.15.230 Abatement – Joint responsibility.

If there is more than one responsible party, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance. [Ord. 2781 § 1, 5-4-15.]

8.15.240 Summary abatement.

The procedure provided by this article is not exclusive, but is in addition to procedures provided by other ordinances, and an enforcement officer may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property. [Ord. 2781 § 1, 5-4-15.]

8.15.250 Nonexclusive remedy.

The procedures and remedies contained in this article shall not be read to prohibit in any way any alternative remedies set out in ordinances or state statutes or state law which are intended to alleviate ordinance violations or abate nuisances, and the procedures set forth in this article shall not be prerequisites for utilizing any of said alternative remedies. [Ord. 2781 § 1, 5-4-15.]

Cross-reference: See ORS 105.555 and 105.550105.600 for nuisance abatement.

Article V. Penalty

8.15.260 Penalty.

A. Class 2 Civil Infraction.

1. The maintaining or allowing of any nuisance, as defined in this chapter or any other ordinance of the city, shall constitute a separate Class 2 civil infraction under the uniform civil infraction procedures ordinance, Chapter 2.30 NMC.

2. Each day’s violation of a provision of this chapter constitutes a separate Class 2 civil infraction.

B. The requirement to abate a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of a civil infraction forfeiture does not relieve a person of the duty to abate the nuisance. [Ord. 2164, 4-1-85; Ord. 2163, 4-1-85. Code 2001 § 95.99.]