Chapter 8.12
NOXIOUS GROWTHS
Sections:
8.12.030 Noxious growths prohibited.
8.12.060 Abatement costs—Collection.
8.12.090 Violations—Penalties.
8.12.010 Definitions.
As used in this chapter, except where the context indicates otherwise:
“City” means the city of Sutherlin, Oregon.
“City manager” means the city manager of the city or the manager’s designee.
“Noxious growths” means:
1. Weeds more than twelve (12) inches high;
2. Grass more than twelve (12) inches high;
3. Poison oak;
4. Poison ivy;
5. Vegetation that is:
a. A health hazard,
b. A fire hazard,
c. A traffic hazard, because it impairs the view of the public thoroughfare, or otherwise makes the use of the thoroughfare hazardous;
6. Blackberry bushes that extend into a public way, a pathway frequented by children, cross a property line, or that are used for a habitation by trespassers;
7. “Noxious growths” does not include vegetation that constitutes an agricultural crop unless that vegetation is a health hazard, a fire hazard, or a traffic hazard.
“Person in charge” means any agent, occupant, lessee, tenant, contract purchaser, or other person having possession or control of property. (Ord. 756 § 1, 1989)
8.12.020 Waiver.
Where strict compliance with the requirements of this chapter is impracticable as they apply to the height or type of weeds or grass or as to part of a parcel of property, the city manager may waive those requirements as they so apply. (Ord. 756 § 2, 1989)
8.12.030 Noxious growths prohibited.
A. No owner or person in charge of real property shall allow noxious growths on the property. Noxious growths are declared a nuisance.
B. It shall be the duty of any owner or person in charge of real property to abate noxious growth from the property. The owner and the person in charge shall be jointly and severally liable for the cost of abatement as provided in this chapter. (Ord. 756 § 3, 1989)
8.12.040 Public notice.
A. Between May 1st and June 15th of each year the city manager shall cause to be published not less than three times in a newspaper of general circulation in the city the requirements of this chapter, as notice to all owners and persons in charge of property to abate their property of noxious growths. The notice shall also state that the city intends to abate all such noxious growths ten or more days after the final publication of the notice, and to charge the cost of doing so on any particular parcel of property to the owner thereof, the person in charge thereof, or the property itself.
B. In addition to the public notice required in subsection A of this section and prior to the initiation of abatement activity, the city manager shall attempt to notify the property owner of the requirements of this chapter and the city’s intention to abate the noxious growths. Notice may be given by any one of the following ways:
1. Certified mail (return receipt requested) to the owner or person in charge of the property as shown on the most recent tax roll available to the city or, when the city manager has reason to believe the record is more current, as shown on the city’s utility records;
2. Personal notice to the property owner or person in charge.
If mailed notice is returned undelivered, the city manager may post the notice at a conspicuous place on the property. The city manager may initiate abatement no sooner than ten days after giving notice as required by this subsection. (Ord. 756 § 4, 1989)
8.12.050 Abatement by city.
A. If the noxious growths have not been privately abated as ordered, the city shall cause them to be abated.
B. The city manager may enter upon the property at reasonable times for the purposes of investigating and abating conditions prohibited by this chapter. (Ord. 756 § 5, 1989)
8.12.060 Abatement costs—Collection.
A. The city manager shall cause the owner or person in charge of the property or both to be billed for the abatement. In addition to the cost of abatement, an administrative charge, as established by resolution, shall be included for each parcel to cover the expenses of administering this chapter. An additional charge, as established by resolution, will be charged if the bill is not paid within thirty (30) days of mailing.
B. The bill shall state that it may be protested in writing within ten days after its date to the city council or its designee. If it is so protested, the council or its designee shall consider such protest, determine the proper amount of the bill and notify the person protesting of that amount. That determination shall be final.
C. Within ten days after receiving the bill, if it is not protested, or, if protested, within ten days after the council’s or its designee’s determination, the owner or person in charge shall pay the bill.
D. If the bill is not paid within thirty (30) days after expiration of the ten days, the city manager may cause legal action to be brought in court for the amount of the bill.
E. If the bill is not paid within the thirty (30) days the city manager may also proceed to cause a lien to be established against the property for the amount of the bill by recording the amount of the bill, the property description, and the owner (if known) in the city’s lien docket. (Ord. 928 § 5, 2001; Ord. 756 § 6, 1989)
8.12.070 Summary abatement.
The procedure provided by this chapter is not exclusive, but in addition to any procedure provided by any other ordinances, and the city manager may proceed summarily to abate noxious growths which are an imminent danger to human life or property. The cost of such abatement shall be assessed and collected as provided in Section 8.12.060. (Ord. 756 § 7, 1989)
8.12.080 Separate violations.
A. Each day’s violation of a provision of this chapter shall constitute a separate offense.
B. The abatement of a nuisance as herein provided shall not constitute a penalty for a violation of this chapter, but shall be in addition to any penalty imposed for a violation of this chapter. (Ord. 756 § 8, 1989)
8.12.090 Violations—Penalties.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed five hundred dollars ($500.00). (Ord. 756 § 9, 1989)