Chapter 8.15
NUISANCES

Sections:

8.15.010    Definitions.

8.15.020    Declaration of purpose.

8.15.030    General nuisance.

8.15.040    Public nuisances.

8.15.050    Accumulations of debris, garbage, junk, or animal excrement.

8.15.060    Vegetation, weed and brush removal.

8.15.070    Containers.

8.15.080    Wells, cisterns, etc.

8.15.090    Sidewalks.

8.15.100    Dumping on sidewalks.

8.15.110    Attractive nuisances.

8.15.120    Fences.

8.15.130    Open burning – Burn barrels.

8.15.140    Irrigation canals.

8.15.150    Nuisances affecting public health.

8.15.160    Abandoned, junked, and unlicensed motor vehicles.

8.15.170    Notices and advertisements.

8.15.180    Trees.

8.15.190    Unenumerated nuisances.

8.15.200    Dangerous buildings.

8.15.210    Summary abatement.

8.15.220    Nuisance abatement procedure.

8.15.230    Abatement.

8.15.240    Public nuisance property.

8.15.250    Abatement procedures for public nuisance property.

8.15.260    Civil emergencies.

8.15.270    Delivery of notice.

8.15.280    Penalties.

8.15.290    Separate violations.

8.15.300    Warrants authorized.

Prior legislation: Ords. 40 and 269.

8.15.010 Definitions.

For the purposes of this chapter, the following definitions mean:

“Abandoned” means a building or structure that has become an attractive nuisance or the site of unlawful activity due to the irregular or infrequent occupation of the building or structure by the owner or a lawful occupant. A building or structure with broken windows or doors that permit unlawful entry, and that have not been timely repaired, or that has been secured against entry by boards or similar materials on a nontemporary basis shall be de facto evidence of abandonment.

“Brush, shrub” means any woody plant that has several stems, none of which is dominant, and is usually less than 10 feet (three meters) tall. When much-branched and dense, it may be called a bush.

“Clear space” means an area under or adjacent to a tree that is free from ladder fuels. Clear space height (minimum) is one-third of the height of a tree on any tree that is less than 15 feet in height; eight feet height for trees that are at or taller than 15 feet in height; and a distance of eight feet from the edge of a drip line of a tree’s canopy.

“Code enforcement officer” means any peace officer as defined in ORS 133.005(3), the city manager, city attorney, public works director, planning director, or their respective designees.

“Commercial property” means property used for commercial purposes and located in a commercial zone.

“Control” means the ability to regulate, restrain, manage, counteract or govern conduct that occurs on property.

“Dangerous building” means any building or structure that is abandoned, partially constructed, or unfit for human habitation.

“Debris” means the remains of something broken down or destroyed, including, but not limited to: Scrap metal, paper, plastic or wood; pieces of asphalt, concrete, lumber or other building supplies; or yard clippings or cuttings of plant material.

“Development” means any change to real property, including, but not limited to, structures, filling, grading or excavating.

“Garbage” means food waste, refuse, rubbish, trash or other useless material.

“Good cause” means circumstances beyond the ability of a person acting with reasonable care and diligence to control.

“Inoperative vehicle” means a vehicle that cannot be immediately operated.

“Junk” means broken, discarded, or accumulated objects, including but not limited to: appliances, building supplies, furniture, abandoned vehicles, vehicle parts, old machinery, old machinery parts, mattresses, or any discarded material.

“Ladder fuel” is a firefighting term for live or dead vegetation that allows a fire to “climb up” from the landscape or forest floor into the tree canopy. Common ladder fuels include tall grasses, shrubs, and tree branches, both living and dead. On vacant land categorized as “extreme risk” land, ladder fuel is any type of vegetation described herein that exceeds four inches in height.

“Livestock” means beef or dairy animals, burros, goats, horses, llamas, mules, rabbits, pigs, or sheep.

“Owner” means any person, agent, firm or corporation having a legal or equitable or management interest in a property. “Owner” includes, but is not limited to:

(1) A mortgagee in possession in whom is vested:

(a) All or part of the legal title to the property; or

(b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises; or

(2) A person who can control what occurs on that property.

“Partially constructed” means a building or structure that has been left in a state of partial construction for more than six months after the expiration of applicable building permits such that it is exposed to the elements or otherwise unsecured.

“Permit” means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.

“Person” means a person, firm, partnership, association or corporation, trust, estate or any other public or private entity whatsoever.

“Person in charge of property” means any owner, agent, contract purchaser, lessee, occupant, or other person having possession or control of a particular property. More than one person can be a person in charge of property for a particular property.

“Personal property” means property that is temporary or movable.

“Place” or “property” means any premises, room, house, building or structure, or any separate part or portion thereof, whether permanent or not, or the ground itself.

“Property” means any real property including land and that which is affixed, incidental or appurtenant to land, including but not limited to any premises, room, house, building or structure or any separate part or portion thereof, whether permanent or not.

“Public nuisance property” means property upon which three or more instances of any of the below listed behaviors occur, or whose employees, residents, owners or occupants engage in three or more instances of any of the below listed behaviors within 50 feet of the property, during any 30-day period as a result of three or more separate and documented incidents:

(1) Harassment as defined in ORS 166.065.

(2) Intimidation as defined in ORS 166.155.

(3) Disorderly conduct as defined in ORS 166.025.

(4) Noise disturbance as defined in SMC 8.16.030.

(5) Drinking in public as defined in SMC 9.10.100.

(6) Minor in possession of alcohol as defined in ORS 471.430.

(7) Assault as defined in ORS 163.160 or 163.165 to 163.185.

(8) Sexual abuse as defined in ORS 163.415 or 163.427.

(9) Public indecency as defined in ORS 163.465.

(10) Trespass as defined in ORS 164.245 to 164.265.

(11) Criminal mischief as defined in ORS 164.345 to 164.356.

(12) Child abuse and neglect as defined in ORS 163.535 to 163.547 and 163.665 to 163.695.

“Public sidewalk” means a developed walkway or sidewalk within the public right-of-way or on publicly owned property.

“Street” means the portion of a road ordinarily used for vehicular travel, including the public right-of-way shoulder.

“Structure” means that which is built or constructed, an edifice or building of any kind, including units thereof or mobile homes; any of which is an addition to or a fixture on real property.

“Unfit for human habitation” means a building or structure that is in disrepair, lacks maintenance, is unsanitary, is pest infested, contains filth and contamination, or lacks ventilation, illumination, sanitation or heating facilities to the extent that habitation would be injurious to the health and safety of the occupants.

“Vehicle” means any device in, upon, or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means. [Ord. 479 § 3 (Exh. A), 2017; Ord. 444 § 1 (Exh. A), 2014; Ord. 282 § 1, 1997. Code 2002 § 8.12.010].

8.15.020 Declaration of purpose.

(1) It is hereby found and declared that:

(a) Because repeated disruptive behavior on properties within the city of Sisters can create unreasonable disruptions to the neighborhoods where the properties are located.

(b) Because of certain conditions upon them, properties may become chronic nuisances to surrounding property owners and degrade neighborhoods.

(c) Existing state criminal statutes and city ordinances are inadequate to address, control or remedy the denigration that results from the chronic unlawful activity occurring at the properties.

(2) Based upon these findings, the council declares that civil regulation of these properties will provide a remedy to the problems caused by these chronic behaviors and will promote and protect the public health, safety and welfare. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.020].

8.15.030 General nuisance.

No person in charge of property may permit, or no person may cause to exist, any thing, substance or act that is detrimental to the public health, safety or welfare. A general nuisance conclusively exists when there is imminent danger to human life or property. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.030].

8.15.040 Public nuisances.

The following shall be deemed public nuisances within the city of Sisters. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.040].

8.15.050 Accumulations of debris, garbage, junk, or animal excrement.

No person in charge of property may permit or cause to exist accumulations of debris, garbage, junk, or animal excrement that are not removed within a reasonable time, and that affect the health, safety or livability of nearby residents, except as follows:

(1) Junk may be accumulated if authorized by land use permit.

(2) Yard cuttings, other than grass clippings, may be accumulated to be burned during the first available open burning season. The accumulations shall meet the size and location requirements of the fire code.

(3) Yard cuttings and other organic material may be accumulated for composting, but only if they are not visible from a street or sidewalk, are maintained in a manner that does not attract vermin, and do not produce an offensive odor.

(4) Garbage may be accumulated in order to be hauled by the city solid waste hauler or to be taken by the person to a landfill, if the garbage is secured within a covered or sealed container that is kept clean and in good repair, and is removed at the next pickup cycle.

(5) Animal excrement from livestock may be accumulated for farm or agricultural purposes as long as it does not produce odors on adjacent properties and become a danger to health or safety.

(6) Debris or junk may be stored in a back yard if it is screened from adjoining properties, streets and public rights-of-way by a sight-obscuring fence. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.041].

8.15.060 Vegetation, weed and brush removal.

(1) General Requirements. No person in charge of property may permit or cause to exist on their property any vegetation that:

(a) Is a hazard to pedestrian use of a public sidewalk or is a hazard to bicycle or vehicular use of a public or private street by impeding passage or vision. The hazards include, but are not limited to:

(i) Vegetation which encroaches upon or overhangs lower than eight feet over a public sidewalk or other pedestrian way, or encroaches upon or overhangs lower than 14 feet over a public or private street;

(ii) Vegetation that impedes motorist, bicyclist or pedestrian views of traffic, traffic signs or signals, street lights or name signs, or other safety fixtures or markings placed in the public way. This includes vegetation that is within 30 feet of an intersection of two public or private roads and exceeds a height of three feet above finished grade per Sisters Development Code Section 2.15.2300, “Vision Clearance Areas”;

(b) Is a hazard to the public or property on the property where the vegetation is located, due to the vegetation’s disease or deterioration;

(c) Obstructs drainage facilities in the public way, including but not limited to roadside ditches, street curbs and gutters, catch basins or culverts;

(d) Has roots that have entered a sewer or water line, main or system and that stop, restrict or retard the flow of sewage or water, or damage the pipes or connectors;

(e) Has roots that have cracked or displaced a sidewalk, curb or street;

(f) Is a weed or dead or dry grass more than four inches high, except for:

(i) Agricultural grasses that are not a fire hazard;

(ii) Native or introduced grass that is not ladder fuel; is green and healthy, and which is maintained in a manner that its density does not create a fire hazard; or

(iii) Areas identified by the Sisters urban area comprehensive plan as open space or natural resource areas.

(iv) Any plant material that is categorized by the city, state of Oregon, and/or United States of America as “threatened or endangered” shall not be subject to the provisions of this chapter.

An owner may remove a nuisance defined under subsections (1)(d) and (e) of this section by removing that portion of the root causing the nuisance.

(2) Weed and Brush Removal. The owner or person responsible for the care of any property located in the Sisters city limits shall:

(a) Remove or destroy all invader weed species, including but not limited to knapweed, Russian and domestic thistle, Scotch broom, and cheat grass from private property, as follows:

(i) All invader weed species that are in flower shall be hand-pulled and bagged, and subsequently removed from the premises.

(ii) If not in flower, by using the most efficient and practical means available. [Ord. 479 § 3 (Exh. A), 2017; Ord. 444 § 1 (Exh. A), 2014; Ord. 282 § 1, 1997. Code 2002 § 8.12.042].

8.15.070 Containers.

No person in charge of property may permit or cause to exist, on private or public property, containers accessible to children with a capacity of more than one cubic foot and a door or lid that locks or fastens when closed and that cannot be easily opened from the inside, unless said containers are securely locked shut. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.043].

8.15.080 Wells, cisterns, etc.

No person in charge of property may permit or cause to exist a well, cistern, cesspool, pit, quarry, excavation, or other hole of a depth of four feet or more with an open top width of 12 inches or more, unless:

(1) It is fenced or securely covered; or

(2) The excavation is part of an authorized construction project and during the course of construction reasonable safeguards are maintained to prevent injury. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.044].

8.15.090 Sidewalks.

No person in charge of property may permit or cause to exist, on a public sidewalk adjoining the property of the owner or person in charge of the property, any of the following:

(1) Snow to remain on a public sidewalk for a period longer than the first six hours of daylight after the snow has stopped falling;

(2) Ice to remain on a public sidewalk after the first six hours of daylight after the ice has formed, unless the person covers the ice with sand, ashes or other suitable material to assure safe travel;

(3) Cracks, holes, or unevenness that impairs pedestrian traffic; or

(4) Drainage across the sidewalk from a rain drain, pipe or other collector.

(5) It is the duty of owners of property to maintain the public sidewalks adjacent to their property in good repair and to meet the requirements of this section.

(6) The property owner responsible for maintaining the adjacent public sidewalk shall be liable to any person injured because of any negligence of the owner in failing to maintain the public sidewalk in good condition or in failing to meet the requirements of this section. No action may be maintained against the city by or for any person injured because of any sidewalk defect. Provided, however, subsections (1) and (2) of this section shall only apply to commercial property. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.045].

8.15.100 Dumping on sidewalks.

Except as permitted by the city public works department, no person in charge of property or no driver of a vehicle may permit or cause to exist on a public sidewalk, or public or private street adjacent to the property, any dumping or storage of dirt, sand, rocks, gravel, bark dust, snow or other similar material. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.046].

8.15.110 Attractive nuisances.

No owner or person in charge of property shall permit thereon:

(1) Unguarded machinery, equipment or other devices attractive, dangerous and accessible to children.

(2) Lumber, logs or piling placed or stored in a manner as to be attractive, dangerous and accessible to children.

This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.047].

8.15.120 Fences.

No owner or person in charge of property shall construct a barbed wire fence thereon without design review by the city, except such wire may be placed above the top of other fencing not less than six feet high.

(1) No owner or person in charge of property shall construct, maintain or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person.

(2) No owner or person in charge of property shall have a fence that is structurally unstable. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.048].

8.15.130 Open burning – Burn barrels.

No person in charge of property shall burn garbage containing animal or vegetable matter or other matter causing an offensive odor. All persons using burn barrels or conducting open burning shall comply with the Uniform Fire Code and any amendment of the Uniform Fire Code and any restrictions imposed by the Sisters/Camp Sherman rural fire department. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.049].

8.15.140 Irrigation canals.

Owners of property with irrigation ditches of the Deschutes County watermaster are responsible for maintenance of the lateral ditches. The maintenance shall be conducted in a reasonable manner or to such standards as promulgated by the watermaster.

The Deschutes County watermaster is hereby authorized to inspect the irrigation ditches and ensure that the maintenance standards are being met. If necessary, the employees of the Deschutes County watermaster are authorized to make improvements necessary if the owners are unable or unwilling to do so and said cost shall become a lien against the property owner benefiting from the ditch. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.050].

8.15.150 Nuisances affecting public health.

No person shall cause or permit on property owned or controlled by him/her a nuisance affecting public health. The following are examples of, but not limited to, nuisances affecting public health and may be abated as provided in this chapter:

(1) Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests.

(2) Odor. Premises which are in such a state or condition as to cause an offensive odor for adjacent properties or which are in an unsanitary condition.

(3) Septic Tanks. Septic tanks which are in an unsanitary condition or which cause an offensive odor for adjacent properties. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.051].

8.15.160 Abandoned, junked, and unlicensed motor vehicles.

Any vehicle in violation of Chapter 10.25 SMC is hereby declared a nuisance and may be abated in accordance with this chapter as supplemented by Chapter 10.25 SMC. If different than the owner or person in charge of property, and ownership is otherwise readily determinable, notice shall be sent to the owner of the nuisance vehicle at least 72 hours prior to removing the vehicle from the property. In addition to any other remedy provided by this chapter, the city may also pursue any remedy set forth in Chapter 10.25 SMC. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.052].

8.15.170 Notices and advertisements.

(1) No person shall place or cause to be placed any advertising paper, handbill, circular, poster or any other form of commercial advertising on any real or personal property, whether public or private, without first securing permission from the owner, occupant or proper public authority. This section shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the city regulating the use of and the location of signs and advertising.

(2) No person shall distribute, circulate or pass to or among persons on a public place or premises open to the public within the city, or place in or on any automobile or other vehicles on or along any public place in the city, any advertising paper, handbill, circular, poster or other form of commercial advertising.

(3) Nothing in this section shall prohibit the distribution or delivery of any newspaper that is capable of being entered as second class matter under the provisions of the United States postal regulations, and nothing in this section shall be deemed to prohibit or otherwise regulate the delivery of any such matter by the United States Postal Services.

(4) Nothing in this section shall be deemed to prohibit the delivery of any such matter on the porch or stoop of any occupied residence, provided such matter is enclosed within an addressed envelope. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.053].

8.15.180 Trees.

(1) No owner or person in charge of property that abuts a street or public sidewalk shall permit trees or bushes on the property to interfere with street or sidewalk traffic. Except for trees in the public right-of-way in the central business district, the owner or person in charge of property that abuts a street or public sidewalk shall keep all trees and bushes on the premises, including the adjoining parking strip, trimmed so as not to interfere with street or sidewalk traffic.

(2) No person shall trim or cut any trees in the public right-of-way in the area set forth in subsection (1) of this section unless authorized to do so by the city.

(3) No owner or person in charge of property shall allow a dead or decaying tree to stand. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.055].

8.15.190 Unenumerated nuisances.

(1) The acts, conditions or objects specifically enumerated and defined are declared public nuisances and such acts, conditions or objects may be abated by any of the procedures set forth in SMC 8.15.220.

(2) In addition to the nuisances specifically enumerated in this code, every other thing, substance or act which is determined by the council to be injurious or detrimental to the public health, safety or welfare of the city is declared a nuisance and may be abated as provided in SMC 8.15.220. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.060].

8.15.200 Dangerous buildings.

(1) No owner or person in charge of property shall create, maintain, or allow to be created or maintained, a dangerous building on any property within the city.

(2) No person shall occupy or allow another to occupy a dangerous building.

(3) Dangerous buildings are a nuisance and subject to abatement, including demolition or removal of the dangerous building, in accordance with SMC 8.15.220 and 8.15.230.

(4) Notwithstanding any other provisions of this chapter to the contrary, whenever, as determined by a code enforcement officer, a building or structure poses an imminent hazard, the code enforcement officer may order and/or cause to be performed any necessary or appropriate work (including, without limitation, any necessary or appropriate abatement) to render such building or structure temporarily safe and secure, whether or not proceedings to abate the dangerous building have been instituted, including, without limitation, fencing the property and boarding of openings. In addition to the temporary safeguards described in the immediately preceding sentence, the owner and person in charge of property will cause such other actions to be taken that the code enforcement officer deems necessary or appropriate to render the dangerous building temporarily safe and secure. The costs of work, including a charge of $300.00 or 25 percent of the expenses (whichever is greater) for administrative overhead, may be charged to a person responsible for property and shall become a lien on the property.

(5) In addition to any other rights, remedies, and abatement procedures provided under this chapter, a code enforcement officer may cause a placard to be posted on any dangerous building and order that the dangerous building be vacated. The placard will contain the information required under SMC 8.15.220(2). It is unlawful to remove any such placard posted on a property. [Ord. 479 § 3 (Exh. A), 2017].

8.15.210 Summary abatement.

The procedures provided by SMC 8.15.220 to 8.15.230 are not exclusive, but are in addition to procedures provided by other sections of this code or otherwise available at law. Any code enforcement officer may proceed summarily to abate any nuisance which unmistakably exists and which imminently endangers health, welfare, or property. The costs of summary abatement, including a charge of $300.00 or 25 percent of the expenses (whichever is greater) for administrative overhead, may be charged to a person responsible for property and shall become a lien on the property. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.070. Formerly 8.15.200].

8.15.220 Nuisance abatement procedure.

(1) Nuisance Notice. Any code enforcement officer who reasonably believes a nuisance exists may cause a notice to be delivered to a person in charge of property, and the owner of the property if different, requesting responsive action.

(2) Nuisance Notice Contents. The notice shall contain:

(a) A description of the real property, by street address or otherwise, on which the nuisance exists.

(b) A description of the nuisance.

(c) A general description of the actions necessary, including applicable timelines, to bring the property into compliance.

(d) A statement that unless the nuisance is promptly abated, the city may abate the nuisance and charge the cost of the city abatement to persons in charge of property, which charges shall become a lien on the property.

(e) A statement that failure to abate a nuisance may warrant imposition of a fine upon persons in charge of property.

(f) A statement that any party aggrieved by the notice must file an appeal of the notice by giving written notice to the city manager within 10 days from the date of the notice, together with a written statement as to why a nuisance does not exist.

(3) Abatement Order. If the nuisance is not voluntarily abated in a timely fashion, and an appeal of the initial notice is not timely filed, a code enforcement officer may issue an abatement order specifying a deadline in which the nuisance must be abated.

(4) Notice to Owner. If a person in charge of property is not the owner, an additional notice shall be sent to the owner stating that the cost of abatement shall be assessed to and become a lien on the owner’s property. The notice to the owner shall be sent to his or her address as last shown on the Deschutes County tax rolls.

(5) Appeal of Nuisance Notice.

(a) If an appeal of the nuisance notice is timely filed, the city manager shall review all of the statements and evidence in the record and render a decision. If the city manager determines that a nuisance exists, the city manager shall issue an abatement order.

(b) If a person in charge of property disagrees with the final determination of the city manager, that person may appeal that determination to the council by filing a written statement within 10 days of the city manager’s final determination specifying the basis for the appeal.

(c) The council shall determine whether or not the city manager’s determination and abatement order shall be affirmed, overturned or modified. The decision of the council shall be the final action of the city.

(d) Failure to satisfy applicable protest and/or appeal procedures shall preclude subsequent review of the subject city action. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.090].

8.15.230 Abatement.

(1) Abatement by Persons in Charge of Property. Within the time specified in an abatement order, persons in charge of property shall remove or otherwise remedy the nuisance or present a plan to remove the nuisance that is satisfactory to the city. In addition to any other rights, remedies, and abatement procedures provided under this chapter, the city may levy one or more fees, as may be established by the city council from time to time or as set forth in any voluntary compliance agreement, for the periodic inspection of the progress of abatement by the person in charge of property.

(2) Abatement by City.

(a) If the nuisance has not been abated within the time prescribed by an abatement order, a code enforcement officer may cause the nuisance to be abated.

(b) Except for summary abatement pursuant to SMC 8.15.210, the city may enter property to inspect and abate only with the permission of the owner or other person in charge of property or pursuant to a warrant.

(c) The city shall keep an accurate record of the expense incurred by the city in abating the nuisance, including those of any contractors or specialists retained by the city to complete the abatement, and shall include in the record a charge of $300.00 or 25 percent of total expenses, whichever is greater, for administrative overhead.

(d) The city shall send to a person in charge of property, and the owner if different, a notice stating:

(i) The total cost of abatement, including the administrative overhead.

(ii) 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.

(iii) That if a person in charge of property objects to the cost of the abatement as indicated, a notice of objection must be filed with the city manager no more than 10 days from the date of the notice along with a statement setting forth the basis of the objection.

(e) If an objection to the cost of abatement is timely filed, the council shall hear and make a decision on the objections to the costs assessed.

(f) If the costs of the abatement are not paid within 30 days from the date of the notice or the date of the council decision if an objection is filed, the costs of abatement shall be entered in the city lien docket and/or recorded in the Deschutes County official records and shall constitute a lien on the property from which the nuisance was removed or abated.

(g) The lien shall be enforced in the same manner as liens for street improvements are enforced and interest shall begin to run from the date of entry of the lien in the lien docket and/or recording in the Deschutes County official records.

(h) An error in the name of a person in charge of property shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void.

(i) Failure to satisfy applicable protest and/or appeal procedures is jurisdictional and precludes subsequent review of the subject city action.

(3) Joint Responsibility. Owners are responsible for any nuisance on the property regardless of whether another person possesses or occupies the property. If there is more than one person in charge of property, such persons shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.100].

8.15.240 Public nuisance property.

Any property within the city that becomes a public nuisance property is in violation of this chapter and subject to its remedies. Any person who permits property under his or her ownership or control to be a public nuisance property shall be in violation of this chapter and subject to its remedies.

(1) Abatement Procedure for Public Nuisance Property – Notice.

(a) When a code enforcement officer believes in good faith that a property within the city has become public nuisance property, the officer shall notify persons in charge of property in writing that the property has been determined to be public nuisance property. The notice shall contain the following information:

(i) The street address or description sufficient for identification of the property.

(ii) That the code enforcement officer has found the property to be public nuisance property with a concise description of the conditions leading to his/her findings.

(iii) A direction to notify the city manager in writing within 15 days from the date of mailing the notice of the actions the person in charge of property intends to take to abate the public nuisance property.

(iv) A direction to abate the public nuisance property or show good cause to the city manager why the person in charge of property cannot abate the nuisance, within 30 days from the date of mailing the notice.

(v) That if the public nuisance property is not abated and good cause for failure to abate is not shown, the city manager may order abatement, with appropriate conditions. The city manager may also employ any other remedy deemed by it to be appropriate to abate the public nuisance property, including but not limited to authorizing a civil complaint in a court of competent jurisdiction which may include seeking closure of the property.

(vi) That persons in charge of property may be required to pay to the city a civil penalty for each violation and each day that a violation continues after the council orders abatement.

(vii) That the above remedies are in addition to those otherwise provided by law.

(viii) That any person aggrieved must file an appeal challenging the existence of a public nuisance property by filing a statement with the city manager within 10 days of the date of the notice setting forth the basis of why the property does not constitute a public nuisance property.

(ix) That failure to satisfy applicable protest and/or appeal procedures shall preclude subsequent review of the subject city action. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.110].

8.15.250 Abatement procedures for public nuisance property.

(1) Abatement by Persons in Charge of Property.

(a) Within 15 days of the issuance of a public nuisance property notice, a person in charge of property shall notify the city manager in writing of the actions that person in charge of property intends to take to abate the public nuisance property.

(b) Within 30 days of the posting and mailing of the notice, a person in charge of property shall abate the public nuisance property or show good cause to the city manager why the person in charge of property cannot abate the public nuisance property within that time.

(c) If an appeal of the public nuisance property notice is timely filed, the city manager shall refer the matter to the council for a hearing. The city recorder shall give notice of the hearing to persons in charge of property. At the time set for hearing, persons in charge of property may appear and be heard before the council. The council shall determine whether the property is a public nuisance property, identify steps necessary to abate the public nuisance property, and issue an abatement order.

(d) In the event no appeal of the public nuisance property notice is timely filed, and persons in charge of property have failed to comply with subsection (1)(a) and/or (b) of this section, the city manager may order that the public nuisance property be abated by a prescribed deadline. The order may include conditions under which abatement is to occur.

(2) Abatement by City.

(a) If persons in charge of property fail to comply with an abatement order, the city may cause the public nuisance property to be abated and charge the costs of such abatement to persons in charge of property, which shall be a lien on the property. The city may enter property to inspect and abate only with the permission of the owner or other person in charge of property or pursuant to a warrant.

(b) The city may also employ any other remedy available at law, including but not limited to authorizing a civil complaint in a court of competent jurisdiction which may include seeking closure of the property.

(3) Assessment of Costs for Public Nuisance Property.

(a) The city manager shall send to persons in charge of property a notice stating:

(i) The total cost of abatement, including a charge of $300.00 or 25 percent of total abatement costs, whichever is greater, for administrative overhead.

(ii) 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.

(iii) That if a person in charge of property objects to the cost of the abatement as indicated, a notice of objection must be filed with the city manager, no more than 10 days from the date of the notice, to be heard before the council.

(iv) That failure to satisfy applicable protest and/or appeal procedures shall preclude subsequent review of the subject city action.

(b) If the costs of the abatement are not paid within 30 days from the date of the notice, the assessment of the costs shall be entered in the docket of the city liens or otherwise made of record. When the entry is made, it shall constitute a lien on the property.

(c) The lien shall be enforced in the same manner as liens for street improvements are enforced and interest shall begin to run from the date of entry of the lien in the lien docket.

(4) Joint Responsibility. Owners are responsible for public nuisance properties regardless of whether another person possesses or occupies the property. If there is more than one person in charge of property for a public nuisance property, such persons shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.120].

8.15.260 Civil emergencies.

(1) Definitions. For the purposes of this section, the following mean:

(a) “Civil emergency” means a riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force, if accompanied by three or more persons acting together without authority of law; or any time hostages are held; or any natural disaster or manmade calamity including flood, conflagration, fire, cyclone, tornado, earthquake or explosion resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.

(b) “Curfew” means a prohibition against a person walking, running, loitering, standing or driving on an alley, street, highway, public property or vacant premises, except persons officially designated to duty with reference to the civil emergency.

(2) Regulations. When the mayor, or the president of the council if the mayor is unable to act, determines that a civil emergency exists as a result of mob action or riotous assembly that causes danger of injury to or damage to persons or property, he or she may impose by proclamation any and all of the following regulations necessary to preserve the peace and order of the city:

(a) Impose a curfew on all or a portion of the city requiring all persons in designated curfew areas to remove themselves from the public streets, alleys, parks or other public places and, if three or more are assembled, to disperse. Physicians, nurses and emergency medical technicians performing medical services, utility personnel maintaining essential public services, firemen, and city authorized or requested law enforcement officers and personnel may be exempted from the curfew.

(b) Close business establishments within the city for the duration of the emergency including, but not limited to, those selling intoxicating liquors, cereal malt beverages, gasoline or firearms.

(c) Close any public street, thoroughfare or vehicle parking area to motor vehicles and pedestrian traffic.

(d) Call on regular and auxiliary law enforcement and fire agencies outside or without the city to assist in preserving and keeping the peace within the city.

(e) Close all private clubs or portions thereof where the consumption of intoxicating liquor and/or beer is permitted.

(f) Discontinue selling, distributing, giving away or transporting gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.

(g) Discontinue selling, distributing, dispensing or giving away firearms or ammunition of any character.

(h) Issue such other orders as are immediately necessary for the protection of life and property.

(i) Discontinue the sale of alcoholic beverages.

(j) Any violation of a regulation promulgated under this section is punishable as a Class A misdemeanor.

(3) Time Limit on Emergency Regulations. The proclamation of emergency provided in this section shall become effective on its issuance. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.130].

8.15.270 Delivery of notice.

Delivery of notice, or any other communication required or permitted by this chapter, can occur through any means reasonably calculated to provide actual notice including by personal delivery, posting of notice on the property, and mail delivery to the property address or any other address of record. Notice shall be deemed delivered when actually delivered, when posted, or, if mailed, when deposited in U.S. Mail first class postage prepaid. Failure to provide actual notice to a person in charge of property (including the property owner and/or the person in possession of the property) shall not cause such notice to be defective or otherwise void any procedure set forth in this chapter. [Ord. 479 § 3 (Exh. A), 2017].

8.15.280 Penalties.

(1) Any person or persons who violate any provision of this chapter, shall be subject to the penalty provisions set forth herein.

(2) All persons in charge of property shall be liable for any injuries resulting from a violation of this chapter.

(3) Any violations of this chapter shall be subject to a fine not to exceed $500.00 per violation.

(4) Any lien imposed pursuant to this chapter may accrue interest in an amount up to the maximum lawful rate of interest. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.140. Formerly 8.15.270].

8.15.290 Separate violations.

(1) Each violation and each day that a violation persists shall constitute a separate offense.

(2) For public nuisance property, a nuisance continues to exist if there is any further single occurrence of a behavior listed in the definitions of public nuisance property upon the property or by any employee, resident, owner or occupant within 50 feet of the property. [Ord. 479 § 3 (Exh. A), 2017; Ord. 282 § 1, 1997. Code 2002 § 8.12.150. Formerly 8.15.280].

8.15.300 Warrants authorized.

Any circuit court or justice of the peace court within Deschutes County shall have the authority to issue warrants authorizing any code enforcement officer to enforce the provisions of this chapter, make searches and seizures reasonably necessary to enforce any provision of this chapter, or pursue any abatement permitted by this chapter. Every warrant authorized by this section shall be supported by affidavit or sworn testimony establishing probable cause to believe that a nuisance violation has occurred. Searches and seizures authorized by this section may be executed by any code enforcement officer authorized to apply for a warrant under this section. All searches and seizures authorized by this section shall be conducted according to the requirements of Oregon law relating to search warrants. [Ord. 479 § 3 (Exh. A), 2017].