Chapter 8.06
CHRONIC NUISANCE PROPERTY
Sections:
8.06.015 Chronic nuisance property prohibited.
8.06.030 Commencement of actions – Burden of proof – Defenses – Mitigation of civil penalty.
8.06.035 Closure during pendency of action.
8.06.040 Enforcement of closure order – Costs – Civil penalty.
8.06.045 Assessment lien created.
Prior legislation: Ord. 93-118.
8.06.010 Definitions.
A. “City” means the city of Silverton.
B. “City manager” or “manager” means the Silverton city manager or authorized designee thereof.
C. “Chronic nuisance property” means real property where three or more incidents involving the following conduct occurred during any 30-day period which conduct was investigated and substantiated by a law enforcement agency during that 30-day period or later:
1. Harassment defined in ORS 166.065 (2012);
2. Intimidation defined in ORS 166.155 and 166.165 (2012);
3. Disorderly conduct defined in ORS 166.023 and 166.025 (2012);
4. Discharge of a weapon defined in SMC 9.16.010;
5. Offenses related to controlled substances as defined in ORS 167.203 through 167.262, ORS 475.005 through 475.285 and ORS 475.940 through 475.980 (2012);
6. Prostitution and related offenses as defined in ORS 167.002 through 167.027 (2012);
7. Gambling offenses as defined in ORS 167.108 through 167.167 (2012);
8. Liquor violations defined in Chapter 5.04 SMC and ORS 471.403 through 471.501 (2012);
9. Assault or menacing as defined in ORS 163.160 through 163.185 and ORS 163.190 (2012);
10. Sexual abuse, contributing to the delinquency of a minor or sexual misconduct as defined in state law as defined in ORS 163.415 through 163.445 (2012);
11. Public indecency as defined in ORS 163.465 (2012);
12. Prohibited noise under SMC 8.04.055;
13. Endangering the welfare of a minor as defined in ORS 163.575 (2012); and
14. Reckless endangerment as defined in ORS 163.195 (2012).
D. “Owner” means any person(s) having a legal interest in real property or possession or control of same excluding those persons whose interest is for security only.
E. “Person” means any natural person, association, trust, partnership, corporation or other entity capable of owning or using property.
F. “Permit” means to knowingly suffer, allow or acquiesce by any failure, refusal or neglect to abate.
G. “Person in charge” means an owner-occupant, tenant, lessee or person other than an owner who has possession and/or control of the chronic nuisance property.
H. “Property” means real property located in Silverton improved with a structure designed, intended or used for commercial, industrial or residential purposes (occupied or not) including parking lots, yards, grounds, walks, driveways, porches or steps.
I. “SMC” means Silverton Municipal Code. (Ord. 13-11 § 1 (Exh. A), 2013)
8.06.012 Administration.
The city manager is responsible for the administration and enforcement of this chapter and may adopt rules necessary for the administration and enforcement thereof. (Ord. 13-11 § 1 (Exh. A), 2013)
8.06.015 Chronic nuisance property prohibited.
Any property becoming chronic nuisance property and/or any owner or person in charge thereof who permits property to become or remain chronic nuisance property is in violation of this chapter and subject to the civil penalties and/or closure consistent with the provisions thereof. (Ord. 13-11 § 1 (Exh. A), 2013)
8.06.020 Procedure.
A. When the manager determines property is chronic nuisance property, he/she shall thereupon cause a notice to be prominently posted on the property of that determination and mailed by first-class mail, return receipt requested to the person in charge and/or the owner, if different. If the person in charge is not the owner, a copy of the notice shall be sent by first-class mail return receipt requested to the owner as the same is listed on Marion County’s tax records. Along with the mailed notice, the manager shall include copies of relevant police reports and such other information the city manager relied on to support the determination. Notice may also be sent, at the manager’s option, to other persons who the manager believes may have an interest in the city’s determination.
B. The notice described above shall contain, at a minimum, the following:
1. A description of the real property by street address or otherwise sufficient to identify the same; and
2. A statement that the city manager has determined the property to be chronic nuisance property with a concise description of the condition(s) leading thereto.
C. The manager shall cause a statement setting out the date of notice’s posting and mailing to be prepared. The failure of any person(s) to receive actual notice of the city manager’s determination shall not invalidate or otherwise affect proceedings under this chapter.
D. The manager may authorize the city attorney to commence either an in rem or in personam proceeding seeking a declaration from the court that the property is chronic nuisance property and request that the city be given any remedy allowed by law or equity including any identified in SMC 8.06.025. (Ord. 13-11 § 1 (Exh. A), 2013)
8.06.025 Remedy.
In the event the city commences and successfully prosecutes an action pursuant to the terms of this chapter, the court may order any or all of the following:
A. That the property be closed and secured against all use and occupancy for a period of not less than 30 but not more than 180 days;
B. Impose civil penalties upon the owner and/or person in charge in an amount up to $1,000 per day for each day the person permitted the property to be or remain chronic nuisance property; and
C. Any other remedy deemed by the court to be appropriate under the circumstances. (Ord. 13-11 § 1 (Exh. A), 2013)
8.06.030 Commencement of actions – Burden of proof – Defenses – Mitigation of civil penalty.
A. In any action seeking closure of chronic nuisance property, the city shall have the initial burden of proof to show by a preponderance of evidence that the property is chronic nuisance property.
B. It is a defense that the owner or person in charge at the time in question could not, in the exercise of reasonable care and diligence, determine the property to be chronic nuisance property or could not, in spite of the exercise of reasonable care and diligence, control the conduct. A person raising said defense shall have the burden of proof to show same by a preponderance of the evidence.
C. In establishing the amount of any civil penalty requested, the court may consider any of the following factors:
1. The actions taken by the owner(s) or person(s) in charge to mitigate or correct the conditions at the property;
2. The financial condition of the owner(s) or person(s) in charge;
3. Whether the conditions at the property were repeated or continuous;
4. The magnitude or gravity of the conditions giving rise to the property being determined to be chronic nuisance property;
5. Whether the owner or person in charge cooperated with the city in attempting to abate the conditions;
6. The cost to the city of investigating, correcting or attempting to correct the condition(s); and
7. Any other factor deemed by the court to be relevant. (Ord. 13-11 § 1 (Exh. A), 2013)
8.06.035 Closure during pendency of action.
If the manager determines a chronic nuisance property presents an imminent threat to the public’s health, safety and welfare such that immediate closure thereof is necessary, the city may immediately apply to the court for relief to alleviate that threat in advance of the notification described in SMC 8.06.020. (Ord. 13-11 § 1 (Exh. A), 2013)
8.06.040 Enforcement of closure order – Costs – Civil penalty.
If a court finds property to be chronic nuisance property, it may authorize the city to physically secure the property against use or occupancy in the event the owner(s) or person(s) in charge fail to do so within the time specified by the court. In the event the city is authorized to secure the property, all costs actually incurred by the city for physically securing it shall become an assessment lien thereon and entered in the city’s lien docket. (Ord. 13-11 § 1 (Exh. A), 2013)
8.06.045 Assessment lien created.
A. Liens imposed by this chapter shall be collected as provided under state law for street improvement liens and bear interest at the legal rate thereof from and after 10 days after entry in the city’s lien docket.
B. Any person assessed the costs of closure and/or a civil penalty by the court shall be personally liable for the payment thereof. (Ord. 13-11 § 1 (Exh. A), 2013)