Chapter 8.16 NUISANCES

“Animal” means, excepting natural persons, any animate being which is endowed with the power of voluntary motion including but not limited to livestock, other mammals, fish and reptiles.

“City” means the city of Sutherlin.

“Council” means the governing body of the city.

“Derelict building” is any building or structure which is either:

1. Unoccupied and boarded; or

2. Unoccupied and unsecured.

“Liquid waste” means any liquid contents, filth, poison or other polluting substance from a sink, sewer, cesspool, drain or private sewage disposal system or from any accumulation or manufacturing process on real property.

“Livestock” includes, but is not limited to, cattle, llamas, sheep, goats, horses, swine, fowl, poultry or any fur-bearing animal. This definition does not include cats, dogs and animals kept within the family residence.

“Manager” or “city manager” means the Sutherlin city manager or such other person(s) designated by the city manager or council to exercise the authority provided for in this chapter.

“Noxious odor” means any odor which disturbs a reasonable person of normal sensibilities.

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

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

“Person responsible” means:

1. The owner or person in charge of property on which the nuisance exists or which abuts a public way where a nuisance exists;

2. The person who causes the nuisance to come into or continue in existence.

“Public place” means any building, place of accommodation, whether publicly or privately owned, open and available to the general public.

“Public way” means any street, road, alley, right-of-way or pedestrian or bicycle easement for public use which is controlled by the city.

“Rodent-proof” means any building, structure or part thereof when it is constructed of concrete, metal or some equally impermeable material and in a manner that excludes a rat or mice therefrom.

“Sign” includes but is not limited to paper, leaflet, advertisement, booklet, letter, pamphlet, folder, sheet, poster, sticker, placard, notice, bill or banner.

“Vegetation” means plant life including, but not limited to, trees, shrubs, flowers, weeds or grass.

As used in this chapter, the singular includes the plural and the masculine includes the feminine. (Ord. 1048 § 1, 2016: Ord. 754 § 1, 1989)

8.16.020 Nuisances prohibited—Responsibility to abate.

A. No person responsible shall cause or permit a nuisance on public or private property.

B. The person responsible shall be liable for injury, damage or loss to person or property caused by the negligent failure to abate any nuisance described in this chapter.

C. The city shall not be liable for injury, damage or loss to any person or property caused in whole or in part by the failure of the person responsible to comply with subsection A of this section.

D. Neither the duty of the person responsible to keep property free of nuisances nor his/her failure to do so is dependent upon notice from the city to abate the nuisance.

E. The person responsible shall defend and hold harmless the city from all claims for loss or damage arising from the failure to comply with subsection A of this section. (Ord. 754 § 2, 1989)

8.16.030 Nuisances generally.

A. Any of the conditions or acts which constitute a violation of this chapter is declared to be a nuisance and is subject to abatement as provided in this chapter.

B. In addition to the nuisances enumerated in this chapter, any condition, thing, substance or activity which is prohibited by state law or common law or which is determined by the city council to be injurious or detrimental to the public health, safety or welfare of the city is declared to be a nuisance and is subject to abatement as provided in this chapter. (Ord. 754 § 3, 1989)

8.16.040 Nuisances affecting the public.

The following are nuisances:

A. Privies: a privy, vault, cesspool, septic tank, drain, or other private sewage disposal system constructed or maintained within the city, except those constructed and operated in accordance with the Oregon State Health Division regulations and with the city ordinances;

B. Debris on property: all accumulations of debris, decayed or decomposed animal or vegetable matter, garbage, ashes, rubbish, manure and other refuse located on private property and which has not been removed within a reasonable time and which may become harmful to the health, safety or welfare of the city;

C. Stagnant water: any accumulation of stagnant or impure water which affords or might afford a breeding place for insect pests;

D. Water pollution: the pollution of any body of water, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near such water in a manner that it is reasonably foreseeable that such harmful material could enter the water;

E. Odor: any premise which causes an odor offensive to a reasonable person of normal sensitivities or which is in an unsanitary condition;

F. Surface drainage: any drainage of liquid waste from a private premise;

G. Metal tower, structure, antenna: erection or placement of any metal structure, tower or antenna in such a manner that may allow hazardous contact with any electrical transmission line or in the flight pattern for aircraft using the municipal airport;

H. Vegetation: any vegetation on public or private property that creates any of the following:

1. A hazard to pedestrian or vehicular use of a sidewalk or street by obstructing passage or vision. The hazards include but are not limited to:

a. Vegetation that encroaches upon or overhangs a pedestrian way or adjacent parking strip lower than nine feet or overhangs a street lower than fourteen (14) feet,

b. Vegetation which obstructs motorist or pedestrian view of traffic, traffic signs and signals, street lights and name signs, or other safety fixtures or markings placed in the public way,

2. A hazard to the public or to persons or property on or near the property where the vegetation is located;

3. An obstruction of access to and use of any public facilities placed within the public way;

I. Vision obstruction: except for structures existing prior to January 1, 1989, any vegetation, structure, mounding of earth or other physical obstruction:

1. Which encroaches upon a clear-vision area regulated in the city’s zoning ordinance, or

2. Which is higher than eighteen (18) inches above the crown of the adjacent roadway in that portion of the right of way between the property line and the curb line within thirty-five (35) feet from the intersection of curb lines, if extended, at any street intersection or within fifteen (15) feet from the intersection of the curb line with an alley. If no curb exists, no such use of the right of way shall be made within twenty-five (25) feet of the corner of the private property closest to the street intersection;

J. Sidewalk accumulations: any accumulation of leaves, rubbish, and other litter upon a sidewalk. (Ord. 754 § 4, 1989)

8.16.050 Diseases communicable by animals.

No person responsible shall permit any animal to be at large within the city if such animal is afflicted with a communicable disease. (Ord. 754 § 5, 1989)

8.16.060 Dangerous animals.

No person responsible for any dangerous animal, wild or domesticated, shall permit such animal to be at large in the city. If the animal is at large, it may be taken into custody by the city and disposed of in accordance with the procedures provided by ordinance for the impoundment of dogs; except that before the animal is released by the city, the municipal judge must find that proper precautions will be taken to insure the public health and safety. (Ord. 754 § 6, 1989)

8.16.070 Slaughterhouse, tannery, swine and certain animals.

A. Within the city no person responsible shall maintain a slaughterhouse or tannery, or keep or maintain swine or permit livestock to be at large.

B. No person responsible shall keep or maintain an animal in violation of any ordinance of the city or of state law. (Ord. 754 § 7, 1989)

8.16.080 Rodent control—Conditions attracting rats prohibited.

A. No owner or person in charge of property shall allow conditions to exist thereon or therein, which attract or are likely to attract, feed or harbor rats or mice. The conditions prohibited by this section are nuisances and subject to abatement as provided in this code.

B. All portions of every building or other structure, other than residences, in which handling, storing or keeping any substance on which rats and mice can feed shall be rodent-proof.

C. All garbage or refuse consisting of waste material upon which rats or mice may feed shall be placed in covered rodent-proof containers of a type prescribed by the city manager or the manager’s designee, until collected by garbage haulers.

D. All premises improved or unimproved, and all open lots, streets, sidewalks, alleys and other areas in the city shall be kept clean and free from all rubbish, as well as from loose material that harbors a rat or mice. All lumber, boxes, barrels, loose iron and material that harbors a rat shall be placed upon supports in such manner as to provide no refuge for a rat or mice.

E. All improvements, repairs, construction and maintenance of a building or structure, or any equipment or fixtures therein shall comply with this section. (Ord. 754 § 8, 1989)

8.16.090 Removal of animal carcasses.

No person responsible shall permit any animal carcass to remain upon private property for a period of time longer than is reasonably necessary to remove such carcass. (Ord. 754 § 9, 1989)

8.16.100 Abandoned ice boxes.

No person shall leave in a place accessible to children any abandoned or unattended ice box, refrigerator or container which has an airtight door or lock or other mechanism which may not be released for opening from the inside, without first removing such lock or door from such ice box, refrigerator or container. (Ord. 754 § 10, 1989)

8.16.110 Attractive nuisances.

A. No person responsible for real property shall permit thereon:

1. Any machinery, equipment or other devices which are attractive, dangerous and accessible to children;

2. Any lumber, logs or pilings 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. 754 § 11, 1989)

8.16.120 Snow and ice removal.

No person responsible for any real property abutting upon any public sidewalk shall permit:

A. Any snow to remain on the public sidewalk adjacent to commercially zoned property for a period longer than the first four hours of daylight after the snow has fallen;

B. Any snow to remain on the public sidewalk adjacent to residentially zoned property for a period longer than the first twelve (12) hours of daylight after the snow has fallen;

C. Any ice to remain on such sidewalks for a period longer than stated in subsection A or B of this section unless it is properly covered with sand, ashes or other suitable material to assure safe travel. (Ord. 754 § 12, 1989)

8.16.130 Scattering rubbish and outdoor storage of household goods.

A. 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 noxious odor 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.

B. No person shall store outdoors on public or private property household goods not intended for outdoor use, such as appliances and furniture, which mar the appearance, create a noxious odor or fire hazard, or detract from the cleanliness or safety of the property. (Ord. 1035 § 1, 2014: Ord. 754 § 13, 1989)

8.16.140 Fences.

A. No person responsible shall construct or maintain any barbed wire fence or allow barbed wire to remain as part of any fence along a sidewalk, unless such wire is placed not less than six inches above the top of a fence which is not less than eight feet high.

B. No person responsible shall install, maintain, operate or allow to remain any electric fence along a sidewalk, or along adjoining property of another person. (Ord. 754 § 14 (part), 1989)

8.16.150 Surface waters and drainage.

No person shall permit any drainage ditch or culvert which carries runoff waters from streets, sidewalks or other public ways, or which connects to or forms a part of a system of drainage ditches and/or culverts carrying waters off of streets, sidewalks or other public ways, to become clogged, blocked or choked, or shall fill or in any other manner construct the same so as to prevent the free passage of waters. (Ord. 754 § 14 (part), 1989)

8.16.160 Radio and television interference.

Operation or use by any person of any electrical, mechanical or other device, apparatus, instrument or machine that causes interference with radio or television reception is prohibited; provided that the radio or television receiver interfered with is of good engineering design and operating condition. This section shall not apply to electrical and radio devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission; nor shall this section be construed to prohibit the use or operation of any such device when necessary for the protection of life or property, for the care or treatment of sick or injured persons, or for the operation of a public utility. (Ord. 754 § 15, 1989)

8.16.170 Noise disturbance.

A. For purposes of this section:

1. “Noise disturbance” means any sound which:

a. Injures or endangers the safety or health of a human;

b. Annoys or disturbs a reasonable person of normal sensitivities; or

c. Endangers or injures personal or real property.

2. “Plainly audible” means where the listener clearly can hear the contents of the sound produced by the noise source. Sounds which may be clearly audible include, but are not limited to, musical rhythms, spoken words, vocal sounds and engine noises.

B. It is unlawful for any person to intentionally or recklessly create or continue any noise disturbance.

C. The following acts are declared to be noise disturbances in violation of this section but the enumeration shall not be construed to be exclusive:

1. Keeping of any animal which frequently or for a long duration makes vocal or other sounds which create a noise disturbance;

2. The using or operating of a vehicle or engine, either stationary or moving, so as to create a loud or unnecessary grating, grinding, rattling or other noise;

3. Except for public or emergency vehicles, the idling of a parked vehicle’s engine between the hours of ten p.m. and seven a.m.;

4. The sounding of any horn or signaling device on any vehicle on any street or public or private place, except as a necessary warning of danger;

5. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of danger, or upon request of proper city authorities;

6. The using of any mechanical device operated by compressed air, steam or otherwise, unless effectively muffled;

7. a. The erecting (which includes excavation, demolition, alteration or repair) of any premises in residential districts, other than between the hours of seven a.m. and six p.m., except in case of urgent necessity in the interest of the public welfare and safety, and then only with a permit granted by the city manager for a period not to exceed ten days. Such permit may be renewed for periods of five days while such emergency continues to exist,

b. Upon application the city manager may determine that the public health, safety and welfare will not be impaired by the erection of any premises between the hours of six a.m. and ten p.m., provided the manager finds that loss or inconvenience would result to the applicant unless such work were permitted within those hours. Upon such findings the manager may grant permission for such work to be done within the hours of six p.m. and seven a.m.;

8. The using of any gong or siren upon any vehicle, other than police, fire or other emergency vehicle;

9. The creating of a noise disturbance on any street adjacent to any school, institution of learning, church or court of justice while the same are in use, or adjacent to any hospital or institution for the care of the sick or infirm, which is plainly audible within the hospital or institution;

10. The discharging in open air of the exhaust of any steam engine, internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises and the emission of annoying smoke;

11. The operating of or permitting the use or operation of any device designed for sound production, amplification or reproduction, including but not limited to, radio, musical instrument, phonograph, television set, tape recorder, loud speaker or any sound-amplifying device which creates a noise disturbance; provided however, that upon application to the council, permits may be granted to responsible persons or organizations for the broadcast or amplification of programs of music, news, speeches or general entertainment as part of a national, state or city event, public festivals or outstanding events of a noncommercial nature, provided that such broadcast or amplification shall not be audible for a distance of more than one thousand (1,000) feet from the instrument, speaker or amplifier, and in no event shall a permit be granted where the obstruction to the free and uninterrupted traffic, either vehicular or pedestrian, will result;

12. The conducting, operating or maintaining of any manufacture or repair of goods, equipment, vehicles or other tangible personalty within one hundred (100) feet of any private residence, apartment, rooming house or hotel in such manner as to cause a noise disturbance between the hours of ten p.m. and seven a.m. (Ord. 754 § 16, 1989)

8.16.180 Enforcement.

The city manager or the manager’s designee is authorized and empowered to make inspection of the exterior, interior and underneath any building or structure or premises in the city for compliance with this chapter. It is unlawful for an owner or person in charge of property to fail to permit such inspection when requested to do so in accordance with law. (Ord. 754 § 17, 1989)

8.16.190 Notices and advertisements.

A. Except when authorized by law, no person shall affix any sign upon any real or personal property, public or private, without first securing permission from the owner or person in charge of property. 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 location of signs and advertising.

B. This section shall not be construed to prohibit the distribution of advertising material during any parade or approved public gathering. (Ord. 754 § 18, 1989)

8.16.200 Abatement procedures—Notice.

A. If the city manager determines a nuisance defined by this chapter (other than for those covered by SMC 8.16.290 to 8.16.330) exists, he/she shall cause a notice to be issued directing a person responsible to abate the nuisance.

B. The notice shall be served upon any person responsible by posting it on the nuisance premises in a prominent location together with sending a copy by certified mail to any person responsible at the person’s last known address.

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 ten 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 person responsible and/or assessed against the property;

5. A statement that failure to abate a nuisance may result in a court prosecution;

6. A statement that a person responsible may object to the order to abate by giving notice to the enforcing officer within ten days from the date of the notice.

D. Certificates stating the date and method of service shall be placed in the city’s files.

E. An error in the name or address of person responsible shall not make the notice void and in such case the notice shall be sufficient. (Ord. 1048 § 2 (part), 2016: Ord. 922 § 1, 2000: Ord. 754 § 19, 1989)

8.16.210 Abatement procedures by a person responsible.

A. Within ten days after the service of the notice a person responsible shall remove or otherwise abate the nuisance or show that no nuisance exists.

B. A person responsible objecting to the order to abate shall file a written objection with the city manager concisely setting out the factual and/or legal basis for said objection.

C. The objection shall be referred to the council or its designee for consideration. The person objection shall be given at least five days’ prior written notice of the time set to consider the abatement. The council or its designee shall take oral or written testimony at the time and place specified in the notice. If the testimony is taken by the council’s designee, the designee may request additional information before making the recommendation to council. The council shall determine whether a nuisance exists, and the determination shall be entered in the official minutes of the council. Council determination shall be required only in those cases where a written statement has been filed as provided.

D. If the council determines a nuisance exists, a person responsible shall, within ten days after the council’s determination, or such time as the council otherwise determines, abate the nuisance. (Ord. 1048 § 2 (part), 2016: Ord. 922 § 2, 2000; Ord. 754 § 20, 1989)

8.16.220 Abatement procedures by the city.

A. If within the time provided the nuisance has not been abated by a person responsible, the city manager may cause the nuisance to be abated by the city.

B. The city officer charged with the abatement or contractors acting under the direction of the officer have the right at reasonable times to enter into or upon property in accordance with law to investigate or cause the removal of the nuisance.

C. The city manager shall keep an accurate record of the expense incurred by the city in abating the nuisance and include therein a reasonable charge for administrative overhead. (Ord. 1048 § 2 (part), 2016: Ord. 754 § 21, 1989)

8.16.230 Abatement procedures—Joint responsibility.

If more than one person is responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance. (Ord. 754 § 22, 1989)

8.16.240 Abatement procedures—Assessment of costs.

A. In the event the city abates the nuisance, the city manager, by certified mail, shall forward to a person responsible a notice setting out:

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

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

3. That if the person responsible objects to the cost of the abatement as indicated, he/she may file a written notice of objection with the city manager not more than ten days from the date of the notice.

B. The council or its designee in the regular course of business shall hear the objections to the costs assessed, and the council shall determine the costs of abatement by resolution. The resolution shall provide that if the costs of abatement are not paid within ten days from the date of the resolution, the costs shall be entered in the docket of city liens and upon such entry shall constitute a lien upon the property from which the nuisance was removed or abated or upon the abutting property when the nuisance was removed or abated from the public way.

C. If no objection is filed or if the costs of the abatement are not paid within thirty (30) days from the date of the notice, an assessment of the costs as stated shall be made by resolution and 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 from the adjoining public way.

D. The lien shall be enforced in the same manner as liens for street improvements and shall bear a reasonable rate of interest. The interest shall commence from the date of the entry of the lien in the lien docket.

E. An error in the name of a person responsible 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. 1048 § 2 (part), 2016: Ord. 754 § 23, 1989)

8.16.250 Abatement procedures—Separate from penalty.

The requirement to abate a nuisance is not a penalty for violating this chapter but is an additional remedy. The imposition of a penalty does not relieve a person responsible of the duty to abate the nuisance; however, abatement by a person responsible of a nuisance within ten days of the date of notice to abate, or if a written objection has been filed, then abatement within ten days of the council’s determination that a nuisance exists, shall excuse the person responsible from prosecution for the first violation of this chapter. (Ord. 754 § 24, 1989)

8.16.260 Abatement procedures—Summary abatement.

A. The procedure provided by Sections 8.16.200 through 18.16.250 is not exclusive but is in addition to procedures available under applicable law.

B. The city manager or the manager’s designee may proceed to summarily abate a nuisance which unmistakably exists and which imminently endangers human life, health or property. The cost of such abatement may be assessed as provided in Section 8.16.230.

C. Even when a nuisance is abated under this section a person responsible may also be prosecuted for violating this chapter or other remedies may also be sought against a person responsible. (Ord. 922 § 3, 2000; Ord. 754 § 25, 1989)

8.16.270 Violations—Penalties.

A violation of any section of this chapter is punishable by fine not to exceed one thousand dollars ($1,000.00). In establishing the fine, the court shall consider if the violator has abated the nuisance. (Ord. 754 § 26, 1989)

8.16.280 Separate violations.

Each day’s violation of a provision of this chapter shall constitute a separate offense. (Ord. 754 § 27, 1989)

8.16.290 Derelict buildings declared a nuisance.

All buildings found to be derelict are declared nuisances and may be abated consistent with SMC Sections 8.16.300 to 8.16.310 and 8.16.220 and the persons responsible subject to 8.16.240. (Ord. 1048 § 3 (part), 2016)

8.16.300 Abatement of derelict buildings.

A. Whenever the city manager believes a building or structure is derelict, he/she shall cause an inspection be done to determine its status. If, as a result of the inspection, the manager believes the building or structure qualifies as derelict, notice thereof shall be given the person responsible by posting a notice at the building site and providing the notice to said person by either personal service or certified mail. Upon completion of the notice’s posting, delivery or mailing, the manager shall certify the date and place of such posting, delivery or mailing in writing for the city’s records.

B. The notice shall include, at a minimum, the following:

1. The building’s address and tax lot number or legal description of the property;

2. A concise description of the derelict condition;

3. A direction to make the corrections needed to cause the building not to be derelict;

4. A statement that the building must be registered with the city and fees paid as provided in 8.16.310;

5. A statement that a failure to effect the corrections necessary or comply with the registration requirements in SMC 8.16.310 may result in late payment penalties, and/or abatement of the nuisance by the city with all associated costs charged to the owner and assessed as a lien against the property; and

6. A statement that the owner may object to the city manager’s determination within ten days of the date of the notice consistent with subsection (C) below.

C. If the person responsible believes the manager’s determination a building is derelict is in error, they may, within ten days of the date of the notice, file written objection(s) with the manager concisely setting out the factual and/or legal basis for said objection(s).

D. The statement objection shall be referred to the Planning Commission or its designee for consideration. The person objecting shall be given at least five days’ prior written notice of the time to consider the abatement. The Planning Commission or its designee shall take oral or written testimony at the time and place specified in the notice. If the testimony is taken by the Planning Commission’s designee, the designee may request additional information from the appellant or the enforcing officer before making the designee’s recommendation to the Planning Commission. The Planning Commission shall determine whether the building is derelict, and the determination shall be entered in the official minutes of the Planning Commission. Planning Commission determination shall be required only in those cases where a written statement has been filed as provided.

E. If the Planning Commission determines that the building is derelict, a person responsible shall, within ten days after the Commission’s determination, or within such time as the Commission otherwise determines, abate the conditions giving rise to the building being declared derelict.

F. If within the appropriate time the conditions giving rise to the building being declared derelict have not been abated or otherwise addressed by the person(s) responsible, the manager may cause the conditions to be abated by the city consistent with Section 8.16.220 with the costs therefor made a lien against the property as provided in Section 8.16.240. (Ord. 1048 § 3 (part), 2016)

8.16.310 Derelict building registration.

A. No person(s) responsible shall maintain, allow or suffer a derelict building to exist unless such building is registered under the terms of this section. If a person responsible fails to register a derelict building under their control, the manager may declare the building derelict after expiration of ninety (90) days of the notice described in 8.16.300.

B. Person(s) responsible for a derelict building shall register such building with the city by completing a derelict building registration form provided by the city. The application shall include information relating to the building’s location, ownership and/or control, the anticipated period of vacancy, the proposed plan for maintenance and security during the vacancy period and a plan for the building’s reoccupancy, marketing or demolition. The application shall be accompanied by a nonrefundable registration fee and then also be responsible for and pay a monthly fee for each month the building remains derelict. The amount of the registration fee and monthly fee shall be set by council resolution. A listing of derelict buildings shall be maintained by the city manager.

C. Within one hundred eighty (180) days of registration, a derelict building shall be brought into compliance with the then-current applicable portions of the Oregon Building Code or be demolished under permit. If a derelict building is neither timely repaired nor demolished, said building shall be subject to abatement consistent with SMC 8.16.220 and 8.16.240.

D. The manager may, in the exercise of his/her reasonable discretion, extend the 180- day period provided for under subsection 8.16.310(C) for up to three additional period(s) of not more than ninety (90) days each up to a maximum of two hundred seventy (270) days in the event the person responsible requests extension(s) and provides manager with realistic plans to repair and/or market or demolish the building. The following criteria shall be considered by manager in evaluating any requested extension(s):

1. Whether all appropriate fees and penalties have been paid;

2. Whether a timetable for repair and/or marketing or demolition of the structure has been submitted and agreed to by the city;

3. The building’s value;

4. Whether permits for repair or demolition have been applied for/obtained;

5. Whether repairs or demolition of the structure are proceeding timely; and

6. Such other factors the manager believes relevant to achieve timely elimination of the building’s status as derelict. (Ord. 1048 § 3 (part), 2016)

8.16.320 Derelict building fees.

A. A person responsible for a derelict building shall be liable for and pay a registration fee the amount of which to be set by council resolution. Payment shall be made no later than the 10th of each month for each month (or part thereof) the building remains derelict. Any payment more than thirty (30) days past due is considered delinquent and subject to an additional penalty fee in an amount set by council resolution.

B. In the event registration fees and/or penalty fees remain unpaid for more than one hundred eighty (180) days, the finance director shall file a statement of the amount due with the city recorder who shall send notice by first class mail to the person responsible of the city’s intent to assess the subject property for the total amount due if payment of said amount is not paid in full within thirty (30) days of the date of the notice. In the event full payment is not timely received, the recorder shall then enter an assessment lien against the property for the unpaid sum in the city’s lien docket which assessment lien shall have the priority and be enforced in the same fashion as liens described in ORS 223.230.

C. A person responsible for a derelict building shall be personally liable for the amount of the fees, penalties and other charges resulting from the affected building being declared derelict.

D. The manager may waive fees imposed under this chapter giving due consideration to the variables identified in 8.16.310(D). (Ord. 1048 § 3 (part), 2016)

8.16.330 Judicial review.

Judicial review of the decisions described in Sections 8.16.210(D) and 8.16.300(F) shall be by way of writ of review (ORS 34.010 to 34.110) and not otherwise. (Ord. 1048 § 3 (part), 2016)