Subject to statutory provisions, prosecution of offenses under this chapter and any city ordinance in Municipal Court shall be by the appointed City Prosecutor or appointed City Attorney, or deputies or assistants thereof, properly appointed, whose term shall continue until resignation or release, or by other proper authority as might be allowed by law. Where so appointed the City Prosecutor shall have the statutory authority of the City Attorney under Oregon law.
(Ord. 2009, passed 8-28-00)
(A) Any person who delivers, for no consideration, less than five grams of the dried leaves, stems, and flowers of the plant cannabis family moraceae is guilty of a violation, punishable by a fine of not less than $500 and not more than $1,000.
(B) Any person who knowingly or intentionally is in unlawful possession of a controlled substance in Schedule V is guilty of a Class A violation.
(C) Any person who knowingly or intentionally is in unlawful possession of less than one avoirdupois ounce of the dried leaves, stems, and flowers of the plant cannabis family moraceae is guilty of a violation, punishable by a fine of not less than $500 and not more than $1,000.
(Ord. 2009, passed 8-28-00)
(A) It shall be unlawful for any person to disturb or disquiet any congregation or assembly lawfully met for religious worship or for any other lawful purpose by making loud and unnecessary noises or by rude and indecent behavior or profane language within any place of assembly, or so near to the same as to disturb the order and solemnity of the meeting.
(B) The offense described in this section, disturbing religious assemblies, is a Class A violation.
(Ord. 2009, passed 8-28-00) Penalty, see § 10.99
(A) It shall be unlawful for any person to affix a placard, bill or poster upon any personal or real property, private or public, without first obtaining permission of the owner or proper public official.
(B) A corporation, including a business sponsor, entertainer, facility, or other entity mentioned in any placard, bill or poster placed in violation of division (A) above shall be liable as to the placement of the placard, bill or poster, where the corporation, through its agents, officers, contracted advertisers, or employees, knew of the placement, authorized, solicited, requested, commanded or knowingly tolerated the placement thereof or failed to promptly cause to be removed any placards, bills, or posters upon receiving notice of the placement of such placards, bills or posters.
(C) A non-corporate entity, through its owner or owners, such as a partnership, limited liability company, or sole proprietorship or other legally recognized business operating entity, mentioned in any placard, bill or poster placed in violation of division (A) above shall be liable as to the placement of the placard, bill or poster, where the entity, through its agents, officers, members, contracted advertisers, or employees, knew of the placement, authorized, solicited, requested, commanded or knowingly tolerated the placement or failed to promptly cause to be removed such placards, bills, or posters upon receiving notice of the placement of such placards, bills or posters.
(D) A person shall be liable under division (A) above for placards, bills, or posters placed in violation thereof setting forth a place for an event, thing or happening, and the person apparently in charge of the event, thing or happening, or in apparent charge, or ownership of the location of the event, thing or happening, knew of the placement, authorized, solicited, requested, commanded or knowingly tolerated the placement or failed to promptly remove the placards, bills, or posters upon receiving notice of the placement of such placards, bills or posters.
(E) The offense described in this section, unauthorized posters, is a Class D violation.
(Ord. 2009, passed 8-28-00) Penalty, see § 10.99
(A) It shall be unlawful for the owner, lessee or occupant of any building or structure to suffer or permit rain water, ice or snow, which has accumulated on the building or structure of such owner, lessee or occupant, to fall from such structure onto a sidewalk or other public way.
(B) The offense described in this section, endangering pedestrians, is a Class C violation.
(Ord. 2009, passed 8-28-00) Penalty, see § 10.99
(A) Every owner, lessee or occupant of land shall at all times keep and maintain in a proper state of repair an adequate drainage system sufficient to maintain and to dispose on site, or in a facility approved by the city, any water accumulating on the roof of any structure and on or about the premises.
(B) The offense described in this section, failure to maintain water overflow drainage system, is a Class D violation.
(Ord. 2009, passed 8-28-00) Penalty, see § 10.99
(A) No person shall drink or consume alcoholic liquor in or on a street, alley, mall, parking lot, including private parking lots open to the public, or structure, motor vehicle, public grounds, or other public place unless the place has been licensed for that purpose by the Oregon Liquor Control Commission; provided, however, consumption of alcoholic liquor is permitted in McKenzie Park in accordance with rules and regulations established in Chapter 93, Parks and Recreation, of this Code.
(B) The offense described in this section, drinking in public places, is a Class D violation. (Ord. 2009, passed 8-28-00; Am. Ord. 2134, passed 5-21-07; Am. Ord. 2136, passed 7-11-07) Penalty, see § 10.99
Any person who spits or expectorates upon any public sidewalk, street, parking lot, building, drinking fountain, or in any public place, except in receptacles and recognized places provided for those purposes, commits a Class D violation.
(Ord. 2009, passed 8-28-00) Penalty, see ' 10.99
Any person who urinates upon any public sidewalk, street, parking lot or building, or in any public place, except in receptacles and recognized places provided for those purposes, commits a Class B violation.
(Ord. 2009, passed 8-28-00) Penalty, see ' 10.99
(A) It shall be unlawful for any person to obstruct in any manner the entrance to any building or stairway or hall leading to any building.
(B) The offense described in this section, obstructing building entrances, is a Class A violation.
(Ord. 2009, passed 8-28-00) Penalty, see ' 10.99
(A) A person commits the offense of failing to supervise a minor if the person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child under 18 years of age and the child violates a provision of this Code or of state statutes or state regulations.
(B) Nothing in this section applies to a childcaring agency as defined in ORS 418.205 or to foster parents.
(C) In a prosecution of a person for failing to supervise a child under division (A) of this section, it is an affirmative defense that the person:
(1) Is the victim of the act that violated a provision of this Code;
(2) Reported the act to the appropriate authorities; or
(3) Took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.
(D) The offense described in this section, failing to supervise a minor, is a Class A violation.
(E) In addition to any fine or penalty imposed pursuant to this chapter, the court may order the person to pay any restitution to a victim of the minor's conduct. The amount of restitution ordered pursuant to this section shall not exceed $2,500. The municipal court shall credit the person ordered to pay restitution the actual dollars paid by the minor pursuant to any juvenile court order or juvenile code agreement.
(Ord. 2009, passed 8-28-00; Am. Ord. 2163, passed 3-22-10)
Social games as defined in ORS 167.117 are hereby permitted in the city.
(Ord. 2009, passed 8-28-00)
(A) It shall be unlawful for any person to discharge an air gun, bow and arrow, bean shooter, blow gun, paint ball gun, slingshot or other similar weapon or device on public property or any premises open to the public.
(B) The offense described in this section, discharging air guns and non-firearm weapons, is a Class C violation.
(Ord. 2009, passed 8-28-00) Penalty, see ' 10.99
(A) It shall be unlawful for any person to discharge any type of firearm; provided, however, that nothing herein contained shall apply to any peace officer while acting in performance of duties or to any person lawfully using a firearm in defense of himself or the life of another or to any person firing on a target range which has been constructed to standards as determined by pertinent building codes of the city, providing absolute entrapment of all fired rounds and control of all offensive noises.
(B) The offense described in this section, discharging of firearms, is a Class A violation.
(Ord. 2009, passed 8-28-00)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1873, passed 1-23-95)
(A) No person may possess, with the intent to unlawfully apply graffiti on any real or personal property of another, any graffiti implement.
(B) Unlawfully possessing a graffiti implement is a violation.
(Ord. 1873, passed 1-23-95) Penalty, see § 131.99
In addition to any citation issued, a graffiti implement possessed in violation of § 131.02 may be immediately seized and impounded by the Police Department. The court, upon disposition of the issued citation, shall determine whether the instrument shall be returned to the defendant or deemed contraband and disposed of according to state law.
(Ord. 1873, passed 1-23-95)
(A) No parent, guardian or other person having the legal custody of a minor person under the age of 18 years may allow or permit the minor to be in violation of § 131.02 above.
(B) Upon a subsequent violation by a minor, the parent, guardian or person having legal custody shall be served with a subpoena to appear before the court with the minor and show cause why § 131.02 above has been violated a second time.
(Ord. 1873, passed 1-23-95) Penalty, see § 131.99
Cross-reference:
Parental responsibility for minors, see § 130.15
In addition to any other remedy provided by law, the parent or parents of an emancipated minor child shall be liable for actual damages to person or property in connection with the removal of graffiti caused by the child in accordance with the provisions of ORS 30.765.
(Ord. 1873, passed 1-23-95)
In lieu of any fine that may be imposed for violation of § 131.02, the court may order community service as follows:
(A) Upon conviction for unlawfully possessing a graffiti implement, the person shall perform at least 20 hours of community service;
(B) The entire period of community service shall be performed under the supervision of a community service provider approved by the court; and
(C) Reasonable effort shall be made to assign the subject person to a type of community service that is reasonably expected to have the most rehabilitative effect on the person. To the extent that the offense giving rise to the offer of community service constitutes a violation of § 131.02, reasonable effort shall be made by the court to assign the person to community service which constitutes in significant part the removal of the graffiti.
(Ord. 1873, passed 1-23-95)
A conviction for the violation of § 131.02, or violating parental responsibility under § 131.04, is punishable as a Class A violation. Upon conviction for unlawfully possessing a graffiti implement, the court shall impose a mandatory minimum specific fine violation of $100.
(Ord. 1873, passed 1-23-95; Am. Ord. 1976, passed 10-26-98)
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips: meaning objects used to hold burning material, such as marihuana cigarette, that has become too small or too short to be held in the hand;
(f) Miniature cocaine spoons, and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs;
(m) Ice pipes or chillers.
(Ord. 1408, passed 4-12-82)
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(A) Statements by an owner or by anyone in control of the object concerning its use;
(B) Prior convictions, if any, of an owner, or of anyone in control of the object, under any city, state, or federal law relating to any controlled substance;
(C) The proximity of the object, in time and space, to a direct violation of this chapter;
(D) The proximity of the object to controlled substances;
(E) The existence of any residue of controlled substances on the object;
(F) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(G) Instructions, oral or written, provided with the object concerning its use;
(H) Descriptive materials accompanying the object which explain or depict its use;
(I) National and local advertising concerning its use;
(J) The manner in which the object is displayed for sale;
(K) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(L) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(M) The existence and scope of legitimate uses for the object in the community;
(N) Expert testimony concerning its use.
(Ord. 1408, passed 4-12-82)
(A) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.
(B) It is unlawful for any person to deliver, sell, possess, with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.
(C) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(D) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct was in accordance with appropriate statutes.
(E) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the city.
(Ord. 1408, passed 4-12-82) Penalty, see § 132.99
Any person who violates any of the provisions of this chapter commits a Class A violation. For each day that a violation shall continue, every person shall be deemed guilty of a separate offense.
(Ord. 1408, passed 4-12-82)
(A) It shall be unlawful for any person under the age of 16 years to be upon the streets or in any public place in the city between the hours of 10:00 p.m. and 5:30 a.m. during any day of the year, unless the child be in the custody of or accompanied by a parent or guardian. Nothing herein contained shall be deemed to apply to any child while actually engaged in traveling to and from a place of employment, school classes, religious meetings or while upon any errand of mercy, emergency or under direction of his parent, guardian or other adult person having the immediate care, custody or control of the child.
(B) It shall be unlawful for any child over the age of 16 years and under the age of 18 years, unless accompanied by a parent, guardian or other person having the legal custody of the child, to be on any of the streets, alleys, public squares, parks or sidewalks of the city after the hour of 12:00 a.m. or before the hour of 5:30 a.m. on any day of the year unless the child is in possession of a special written permit from parent or guardian.
(Ord. 319, passed 3-7-56) Penalty, see § 133.99
If any child be found upon the streets or in any public place in violation of this chapter, and the violation be his or her first offense, it shall be the duty of any peace officer to forthwith place the child under custody and to take, or cause the child to be taken to his or her home and the parent, guardian or other person having the custody and care of the child shall be notified of the violation.
(Ord. 319, passed 3-7-56)
Whenever a peace officer learns that a child has violated the provisions of this chapter under circumstances which tend to render him delinquent, the officer shall place an appropriate complaint with the juvenile court for further proceedings as the court deems appropriate.
(Ord. 319, passed 3-7-56)
When a parent, guardian or other adult person in custody of a child, after having been notified that the child has violated this chapter, permits the child to violate the provisions of this chapter a second time, the parent commits a Class A violation.
(Ord. 319, passed 3-7-56; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
Cross-reference:
Attempt to commit offenses, see § 130.12
Parental responsibility for minors, see § 130.15
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Property on which three or more nuisance activities exist or have occurred during any 90-day period; or
(2) Property on which or within 400 feet of which any person associated with the property has engaged in three or more nuisance activities during any 90-day period; or
(3) Property which, upon request for execution of a search warrant, has been the subject of a determination by a court that probable cause does exist that possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, 475.005 through 475.285 and/or ORS 475.940 through 475.995 has occurred within the previous 90 days, and the city Police Department has determined that the search warrant was based on evidence of continuous or repeated nuisance activities at the property; or
(4) Property on which continuous or repeated “nuisance activities” as defined in divisions (7), (8), (13) and (14) of that definition, exist or have occurred.
(1) Harassment as defined in ORS 166.065(l)(a).
(2) Intimidation as defined in ORS 166.155 through 166.165.
(3) Disorderly conduct as defined in ORS 166.025.
(4) Assault or menacing as defined in ORS 163.160 through 163.190.
(5) Sexual abuse, contributing to the delinquency of a minor or sexual misconduct as defined in ORS 163.415 through 163.445.
(6) Public indecency as defined in ORS 163.465.
(7) Prostitution or related offenses as defined in ORS 167.007 through 167.017.
(8) Alcoholic liquor violations as defined in ORS Chapter 471.105 through 471.482.
(9) Offensive littering as defined in ORS 164.805.
(10) Criminal trespass as defined in ORS 164.243 through 164.265.
(11) Theft as defined in ORS 164.015 through 164.140.
(12) Arson or related offenses as defined in ORS 164.315 through 164.335.
(13) Possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, ORS 475.005 through 475.285, and/or ORS 475.940 through 475.995.
(14) Illegal gambling as defined in ORS 167.117, and/or ORS 167.122 through 167.127.
(15) Criminal mischief as defined in ORS 164.345 through 164.365.
(16) Any attempt to commit (as defined in ORS 161.405), and/or conspiracy to commit (as defined in ORS 161.450), any of the above activities, behaviors or conduct.
(17) Fire or discharge of a firearm as defined in § 130.31.
(18) Unlawful operation of sound producing or reproducing equipment as defined in § 92.27(B)(8).
(19) Curfew as defined by ORS 419C.680.
(20) Curfew as defined in § 133.01.
(Ord. 2077, passed 10-27-03)
(A) Any property determined by the Police Department to be chronic nuisance property is in violation of this chapter and subject to its remedies.
(B) Any person in charge of property determined by the Police Department to be chronic nuisance property is in violation of this chapter and subject to its remedies.
(Ord. 2077, passed 10-27-03)
(A) When the Police Department receives two or more reports documenting the occurrence of nuisance activities on or within 400 feet of a property, the reports shall be reviewed to determine whether they describe the activities, behaviors or conduct enumerated under § 134.01 “nuisance activities” (1) through (20). Upon such a finding, the Police Department may notify the person in charge in writing that the property is in danger of becoming chronic nuisance property. The notice shall contain the following information:
(1) The street address or a legal description sufficient for identification of the property.
(2) A statement that the Police Department has information that the property may be chronic nuisance property, with a concise description of the nuisance activities that exist, or that have occurred. The Police Department shall offer the person in charge an opportunity to propose a course of action that the Police Department agrees will abate the nuisance activities giving rise to the violation.
(3) Demand that the person in charge respond to the city Police Department within ten days to discuss the nuisance activities.
(B) When the Police Department receives a police report documenting the occurrence of additional nuisance activity on or within 400 feet of a property after notification as provided by division (A); or, in the case of “chronic nuisance property” as defined in § 134.01, division (3) or (4), for which notice under division (A) is not required, the Police Department shall notify the person in charge in writing that the property has been determined to be a chronic nuisance property.
The (1) The street address or a legal description sufficient for identification of the property.
(2) A statement that the Police Department has determined the property to be chronic nuisance property with a concise description of the nuisance activities leading to his/her determination.
(3) Demand that the person in charge respond within ten days to the city Police Department and propose a course of action that the Police Department agrees will abate the nuisance activities giving rise to the violation.
(4) Service shall be made either personally or by first class mail, postage prepaid, addressed to
the person in charge at the address of the property determined to be a chronic nuisance property, or such other place which is likely to give the person in charge notice of the determination by the Police Department.
(5) A copy of the notice shall be served on the owner at the address shown on the tax rolls of the county in which the property is located, and/or the occupant at the address of the property, if these persons are different than the person in charge, and shall be made either personally or by first class mail, postage prepaid.
(C) If the person in charge fails to respond as required by division (B)(3), the Police Department may refer the matter to the City Attorney. Prior to referring the matter to the City Attorney, the notice required by division (B) shall also be posted at the property.
(D) If the person in charge responds as required by division (B)(3) and agrees to abate nuisance activities giving rise to the violation, the Police Department may postpone referring the matter to the City Attorney. If an agreed course of action does not result in the abatement of the nuisance activities within 60 days; or, if no agreement concerning abatement is reached within 60 days, the Police Department may refer the matter to the City Attorney.
(E) When a person in charge makes a response to the Police Department as required by divisions (A)(3) or (B)(3) any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have occurred or are occurring. This section does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose.
(F) The failure of any person to receive notice as provided by divisions (A) or (B) shall not invalidate or otherwise affect the proceedings under this chapter.
(Ord. 2077, passed 10-27-03)
(A) The city Police Department may request the City Attorney to commence legal proceedings in a court to abate chronic nuisance property and to seek closure, the imposition of civil penalties against any or all of the persons in charge thereof, and, any other relief deemed appropriate.
(B) If the court determines the property to be chronic nuisance property, the court shall order that the property be closed and secured against all unauthorized access, use and occupancy for a period of not less than 30 days, nor more than one year. The order shall be entered as part of the final judgment. The court shall retain jurisdiction during any period of closure.
(C) If the court determines a property to be chronic nuisance property, the court may impose a civil penalty of up to $100 per day for each day nuisance activities occurred on the property, following notice pursuant to § 134.03(B); or the cost to the city to abate the nuisance activities at the property whichever is greater. The amount of the civil penalty shall be assessed against the person in charge and/or the property and may be included in the city's money judgment.
(D) If satisfied of the good faith of the person in charge, the court shall not award civil penalties if the court finds that the person in charge at all material times could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property.
(E) In establishing the amount of any civil penalty, the court may consider any of the following factors and shall cite those found applicable:
(1) The actions taken by the person in charge to mitigate or correct the nuisance activities at the property;
(2) The financial condition of the person in charge;
(3) Repeated or continuous nature of the problem;
(4) The magnitude or gravity of the problem;
(5) The cooperation of the person in charge with the city;
(6) The cost to the city of investigating and correcting or attempting to correct the nuisance activities;
(7) Any other factor deemed relevant by a court.
(F) The city shall have the initial burden of proof to show by a preponderance of the evidence that the property is chronic nuisance property.
(G) Evidence of a property's general reputation and/or the reputation of persons residing in or frequenting it shall be admissible.
(Ord. 2077, passed 10-27-03)
Any summary closure proceeding shall be based on evidence showing that nuisance activities exist or have occurred on the property and that emergency action is necessary to avoid an immediate threat to public welfare and safety. Proceedings to obtain an order of summary closure shall be governed by the provisions of ORCP 79 for obtaining temporary restraining orders. In the event of summary closure, the city is not required to comply with the notification procedures set forth in § 134.03(A) and (B).
(Ord. 2077, passed 10-27-03)
(A) The court may authorize the city to physically secure the property against all unauthorized access, use or occupancy in the event that the person in charge fails to do so within the time specified by the court. In the event that the city is authorized to secure the property, the city shall recover all costs reasonably incurred by the city to physically secure the property as provided by this section. The city department(s) physically securing the property shall prepare a statement of costs, and the city shall thereafter submit that statement to the court for its review as provided by ORCP 68.
(B) The person in charge shall pay reasonable relocation costs of a tenant as defined by ORS 90.100(28), if, without actual notice, the tenant moved into the property after either:
(1) A person in charge received notice of the determination of the Police Department pursuant to § 134.03(B); or
(2) A person in charge received notice of an action brought pursuant to § 134.05.
(C) A lien shall be created against the property for the amount of the city's money judgment. In addition, any person who is assessed penalties under § 134.04(C) and/or costs under § 134.06(A) shall be personally liable for payment thereof to the city. Judgments imposed by this chapter shall bear interest at the statutory rate.
(Ord. 2077, passed 10-27-03)
The court may, in its discretion, award attorneys' fees to the prevailing party.
(Ord. 2077, passed 10-27-03)
This chapter shall be known as “Property Maintenance Regulations” and is referred to herein as “this chapter.”
(Ord. 2081, passed 4-12-04)
The purpose of this chapter is to protect the health, safety and welfare of citizens, to prevent deterioration of existing housing, and to contribute to vital neighborhoods by:
(A) Establishing and enforcing minimum standards for residential structures regarding basic equipment, facilities, sanitation, fire safety, and maintenance.
(B) Establishing and enforcing minimum standards of maintenance for outdoor areas and adjacent rights of way.
(C) Regulating and abating dangerous and derelict buildings.
(Ord. 2081, passed 4-12-04)
The provisions of this chapter shall apply to all property in the city except as otherwise excluded by law.
(Ord. 2081, passed 4-12-04)
Any alterations to buildings, or changes of their use, which may be a result of the enforcement of this chapter shall be done in accordance with applicable state building codes and the city codes and ordinances.
(Ord. 2081, passed 4-12-04)
For the purpose of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this section. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. “And” indicates that all connected items or provisions apply. “Or” indicates that the connected items or provisions may apply singly or in combination. Terms, words, phrases and their derivatives used, but not specifically defined in this chapter, either shall have the meanings defined in the city building codes, or if not defined, shall have their commonly accepted meanings. The definitions of words with specific meaning in this chapter are as follows:
(1) Single-Family Dwelling. A structure containing one dwelling unit.
(2) Two-Family Dwelling. A structure containing two dwelling units, also known as a “duplex.”
(3) Apartment House. Any building or portion of a building containing three or more dwelling units, which is designed, built, rented, leased, let, or hired out to be occupied for residential living purposes.
(4) Hotel. Any structure containing six or more dwelling units that are intended, designed, or used for renting or hiring out for sleeping purposes by residents on a daily, weekly, or monthly basis.
(5) Motel. For purposes of this chapter, a motel shall be defined the same as a hotel.
(6) Single-Room Occupancy Housing Unit. A one-room dwelling unit in a hotel providing sleeping, cooking, and living facilities for one or two persons in which some or all sanitary or cooking facilities (toilet, lavatory, bathtub or shower, kitchen sink, or cooking equipment) may be shared with other dwelling units.
(7) Manufactured Dwelling. The term “manufactured dwelling” includes the following types of single-family dwellings:
(a) Residential Trailer. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed before January 1, 1962.
(b) Mobile Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed between January 1, 1962 and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.
(c) Manufactured Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations.
(d) Manufactured dwelling does not include any unit identified as a recreational vehicle by the manufacturer.
(8) Floating Home. A floating structure used primarily as a dwelling unit. Application of this chapter shall be modified for floating homes, when appropriate, by nautical application.
(1) Occupancy is charged on a daily basis and is not collected more than six days in advance.
(2) The lodging operator provides maid and linen service daily or every two days as part of the regularly charged cost of occupancy.
(3) The period of occupancy does not exceed 30 days; and
(4) If the occupancy exceeds five days, the resident has a business address or a residence other than at the hotel.
(Ord. 2081, passed 4-12-04)
It is the responsibility of the owner of any property, improved or unimproved, to maintain the outdoor areas of the property and adjacent rights of way in a manner that complies with the following requirements:
(A) Holes, tanks, and child traps. Remove, or fill where filling will abate the nuisance, all holes, cisterns, open cesspools, open or unsanitary septic tanks, excavations, open foundations, refrigerators, freezers, or iceboxes with unlocked attached doors and any other similar substance, material or condition which may endanger neighboring property or the health or safety of the public (B) Unsecured structures. Board over or otherwise secure, and keep boarded over or otherwise secured, all open or broken exterior doors, windows, or apertures of any structure so as to prevent access by unauthorized persons through such openings.
(C) Rat harborage. Remove or repair, and keep removed or repaired, any condition that provides a place where rats gain shelter, feed, or breed.
(D) Emergency access routes. Remove and keep removed all brush, vines, overgrowth and other vegetation located within ten feet of a structure or within ten feet of a property line which is likely to obstruct or impede the necessary passage of fire or other emergency personnel.
(E) Thickets that conceal hazards. Cut and remove and keep cut and removed all blackberry vines and other thickets when such growth is found to be:
(1) Concealing trash and debris; or
(2) Creating rat harborage; or
(3) Creating harborage for people involved in criminal activity or for products used for criminal activity.
(F) Overgrown lawn areas. Cut and remove and keep cut and removed all weeds and grass that are located in lawn areas and have a prevailing height of more than 15 inches.
(G) Trash and debris. Remove, and keep removed, unless specifically authorized by ordinance to do otherwise:
(1) All household garbage, offal, dead animals, animal and human waste, and waste materials (All household garbage shall be stored as specified in § 135.034);
(2) Accumulations of litter, glass, scrap materials (such as wood, metal, paper, and plastics), junk, combustible materials, stagnant water, or trash;
(3) All dead bushes, dead trees, and stumps with the exception of such material which:
(a) Is being maintained as part of a naturescaped property;
(b) Does not result in a nuisance as otherwise defined in this chapter; and
(c) Is located on a property which is otherwise substantially in compliance with this chapter;
(4) All trees or bushes which are dying and are determined to require removal in order to safeguard people or property;
(5) Accumulations of dead organic matter and yard debris, with the exception of small accumulations of such material in a maintained compost area on the property and only if such material does not result in a nuisance, such as creating rat harborage, as otherwise defined in this chapter; and
(6) Accumulations of clothing and any other items not designed for outdoor storage.
(7) All irrigation water or water used for domestic or other purposes to run across or upon any city street as specified in § 94.04.
(H) Storage of non-trash items. Remove, and keep removed, unless specifically authorized by this code to do otherwise:
(1) Accumulations of wood pallets.
(2) All firewood that is not stacked and usable. “Usable” firewood has more wood than rot and is cut to lengths that will fit an approved fireplace or wood stove on the property.
(3) Accumulations of vehicle parts or tires.
(4) All construction materials, except those that are stored in a manner to protect their utility and prevent deterioration and are reasonably expected to be used at the site.
(5) All appliances or appliance parts except for storage of appliances that are reasonably expected to be used at the site and are stored in a manner to protect their utility and prevent deterioration.
(6) All indoor furniture except that which is stored in a manner to protect its utility and prevent deterioration and is reasonably expected to be used at the property.
(7) All recycling materials except for reasonable accumulations (amounts consistent with a policy of regular removal) that are stored in a well-maintained manner.
(8) All other non-trash items which:
(a) Are a type or quantity inconsistent with normal and usual use; or
(b) Are likely to obstruct or impede the necessary passage of fire or other emergency personnel.
(I) Disabled vehicles. Neither store nor permit the storing of a disabled vehicle for more than seven days unless the vehicle is enclosed within a legally permitted building or unless it is stored by a licensed business enterprise dealing in junked vehicles lawfully conducted within the city. Removal and disposition of such disabled vehicles shall be in accordance with all applicable city codes to the extent that such provisions are applicable.
(J) Obstructions to sidewalks, streets, and other rights of way. Keep the adjacent rights of way free of anything that obstructs or interferes with the normal flow of pedestrian or vehicular traffic, unless specifically authorized by ordinance to do otherwise. This responsibility includes, but is not limited to, removal of earth, rock, and other debris, as well as projecting or overhanging bushes and limbs that may obstruct or render unsafe the passage of persons or vehicles. This responsibility also includes, but is not limited to, the obligation to maintain all rights-of-way referenced in this subsection to meet the following minimum clearances:
(1) Sidewalks. All sidewalks must be clear of obstructions by earth, rock, or vegetation from edge to edge and to an elevation of ten feet above sidewalk level. For example, bushes that encroach on or over any part of a sidewalk area must be cut back or removed and limbs of trees that project over the sidewalk area at an elevation of less than ten feet above the sidewalk level must be removed.
(2) Improved streets. All improved streets must be clear of obstructions to vehicle movement and parking from edge to edge and to an elevation of 14 feet above street level. For example, bushes that encroach on or over any part of a street must be cut back or removed; limbs of trees that project over a street at an elevation of less than 14 feet above street level must be removed; and no wires or other things shall be maintained over the street level at any elevation less than 11 feet.
(3) Alleys and unimproved rights-of-way. All alleys, unimproved streets, and other public rights of way must be clear of obstructions that may hinder the normal flow of traffic or render the right of way unsafe for its current and necessary use.
(Ord. 2081, passed 4-12-04)
It is the responsibility of the owner of any property, improved or unimproved, to remove or repair:
(A) Any damage to or failure of an on-site sewage disposal system, private sewer line, or rain drain system, and
(B) Any other substance, material or condition which is determined by the City Manager to endanger neighboring property, the health or safety of the public, or the occupants of the property.
(Ord. 2081, passed 4-12-04)
All conditions in violation of §§ 135.020 and 135.021 of this chapter shall constitute a nuisance.
Any person whose duty it is to correct such conditions and who fails to do so shall be subject to the penalties provided for by this chapter. In cases where the City Manager determines that it is necessary to take immediate action in order to meet the purposes of this chapter, summary abatement of such nuisances is authorized.
(Ord. 2081, passed 4-12-04)
No owner shall maintain or permit to be maintained any residential property which does not comply with the requirements of the code. All residential property shall be maintained to the building code requirements in effect at the time of construction, alteration, or repair and shall meet the requirements described in §§ 135.030 through 135.040.
(Ord. 2081, passed 4-12-04)
Address numbers posted shall be the same as the number listed on the county assessment and taxation records for the property. All dwellings shall have address numbers posted in a conspicuous place so they may be read from the listed street or public way. Units within apartment houses shall be clearly numbered, or lettered, in a logical and consistent manner.
(Ord. 2081, passed 4-12-04)
All accessory structures on residential property shall be maintained structurally safe and sound and in good repair.
(Ord. 2081, passed 4-12-04)
Every dwelling shall be kept free from insect and rodent infestation, and where insects and rodents are found, they shall be promptly exterminated. After extermination, proper precautions shall be taken to prevent re-infestation.
(Ord. 2081, passed 4-12-04)
(A) All exterior property areas shall be maintained in a clean and sanitary condition free from any excessive accumulation of rubbish or garbage. All household garbage shall be stored in receptacles which are free from holes and covered with tight fitting lids.
(B) The owner or occupant of any residential rental property shall provide in a location accessible to all dwelling units at least one 30-gallon receptacle for each dwelling unit, or receptacles with a capacity sufficient to prevent the overflow of garbage and rubbish from occurring, into which garbage and rubbish from the dwelling units may be emptied for storage between days of collection. Receptacles and lids shall be watertight and provided with handles. All receptacles shall be maintained free from holes and covered with tight-fitting lids at all times. The owner or occupant of the units shall subscribe to and pay for weekly garbage removal service for the receptacles required by this section, by a refuse collection permittee or franchisee as defined in the code.
(Ord. 2081, passed 4-12-04)
(A) Every plumbing fixture or device shall be properly connected to a public or an approved private water system and to a public or an approved private sewer system.
(B) All required sinks, lavatory basins, bathtubs and showers shall be supplied with both hot and cold running water. Every dwelling unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained, and properly connected with hot water lines to all required sinks, lavatory basins, bathtubs and showers. Water heating facilities shall be capable of heating water enough to permit an adequate amount of water to be drawn at every required facility at a temperature of at least 120E at any time needed.
(Ord. 2081, passed 4-12-04)
(A) Every exterior wall and weather-exposed surface or attachment shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or the occupied spaces of the building.
(B) All exterior wood surfaces shall be made substantially impervious to the adverse effects of weather by periodic application of an approved protective coating of weather-resistant preservative, and be maintained in good condition. Wood used in construction of permanent structures and located nearer than six inches to earth shall be treated wood or wood having a natural resistance to decay.
(C) Exterior metal surfaces shall be protected from rust and corrosion.
(D) Every section of exterior brick, stone, masonry, or other veneer shall be maintained structurally sound and be adequately supported and tied back to its supporting structure.
(Ord. 2081, passed 4-12-04)
No dwelling unit shall be permitted to be overcrowded. A dwelling unit shall be considered overcrowded if there are more residents than one plus one additional resident for every 100 square feet of floor area of the habitable rooms in the dwelling unit.
(Ord. 2081, passed 4-12-04)
(A) When paint is applied to any surface of a residential structure, it shall be lead free.
(B) Residential property shall be free of dangerous levels of hazardous materials, contamination by toxic chemicals, or other circumstances that would render the property unsafe. Where a governmental agency authorized by law to make the determination has verified that a property is unfit for use due to hazardous conditions on the property, the property shall be in violation of this chapter. Any such property shall remain in violation of this chapter until such time as the agency has approved the abatement of the hazardous conditions. The City Manager may order such property vacated pursuant to § 135.076.
(C) No residential property shall be used as a place for the storage and handling of highly combustible or explosive materials or any articles which may be dangerous or detrimental to life or health. No residential property shall be used for the storage or sale of paints, varnishes or oils used in the making of paints and varnishes, except as needed to maintain the dwelling.
(D) Residential property shall be kept free of friable asbestos.
(Ord. 2081, passed 4-12-04)
In addition to other requirements for the maintenance of facilities and equipment described in §§ 135.030 through 135.040:
(A) All required facilities in every dwelling shall be constructed and maintained to properly and safely perform their intended function.
(B) All non-required facilities or equipment present in a dwelling shall be maintained to prevent structural damage to the building or hazards of health, sanitation, or fire.
(Ord. 2081, passed 4-12-04)
Each swimming pool not totally enclosed by a structure shall be enclosed by a substantial fence at least four feet in height and equipped with a self-closing and latching gate except where bordered by a wall of an adjacent structure at least four feet in height. No swimming pool shall be nearer than three feet from any lot line, and no enclosing fence or wall shall be constructed nearer than three feet to the outer walls of the swimming pool. Pool enclosures shall meet the city building code, and the city’s code of ordinances.
(Ord. 2081, passed 4-12-04)
No property shall contain any dangerous structure or derelict building as described in §§ 135.051 and 135.052. All such structures shall be repaired or demolished.
(Ord. 2081, passed 4-12-04)
(A) A derelict building shall be considered to exist whenever any building, structure, or portion thereof which is unoccupied meets any of the following criteria or any residential structure which is at least 50% unoccupied meets any of the following criteria:
(1) Has been ordered vacated by the City Manager pursuant to § 135.076;
(2) Has been issued a correction notice by the City Manager pursuant to § 135.074;
(3) Is unsecured;
(4) Has been posted for violation of §§ 135.021 through 135.022 more than once in any two year period; or
(5) Has, while vacant, had a nuisance abated by the city pursuant to this chapter.
(B) Any property which has been declared by the City Manager to include a derelict building shall be considered in violation of this chapter until:
(1) The building has been lawfully occupied;
(2) The building has been demolished and the lot cleared and graded under building permit, with final inspection and approval by the City Manager; or
(3) The owner has demonstrated to the satisfaction of the City Manager that the property is free of all conditions and in compliance with all notices listed in the definition of a derelict building in this section.
(Ord. 2081, passed 4-12-04)
Any structure which has any or all of the following conditions or defects to the extent that life, health, property, or safety of the public or the structure’s occupants are endangered, shall be deemed to be a dangerous structure and such condition or defects shall be abated pursuant to §§ 135.074 and 135.075 of this chapter.
(A) High loads. Whenever the stress in any materials, member, or portion of a structure, due to all dead and live loads, is more than 1 1/2 times the working stress or stresses allowed in the Oregon Structural Specialty Code and Fire and Life Safety Code for new buildings of similar structure, purpose, or location.
(B) Weakened or unstable structural members or appendages.
(1) Whenever any portion of a structure has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability is materially less than it was before such catastrophe and is less than the minimum requirements of the Oregon State Structural Specialty Code and Fire and Life Safety Code for new buildings of similar structure, purpose, or location.
(2) Whenever appendages including parapet walls, cornices, spires, towers, tanks, statuaries, or other appendages or structural members which are supported by, attached to, or part of a building, and which are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in the Oregon State Structural Specialty and Fire and Life Safety Code.
(C) Buckled or leaning walls, structural members. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.
(D) Vulnerability to earthquakes, high winds.
(1) Whenever any portion of a structure is wrecked, warped, buckled, or has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction; or
(2) Whenever any portion of a building, or any member, appurtenance, or ornamentation of the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the Oregon Structural
Specialty Code and Fire and Life Safety Code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the Oregon State Structural Specialty Code and Fire and Life Safety Code for such buildings.
(E) Insufficient strength or fire resistance. Whenever any structure which, whether or not erected in accordance with all applicable laws and ordinances:
(1) Has in any non-supporting part, member, or portion, less than 50% of the strength or the fire-resisting qualities or characteristics required by law for a newly constructed building of like area, height, and occupancy in the same location; or
(2) Has in any supporting part, member, or portion less than 66% of the strength or the fire-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location.
(3) This section does not apply to strength required to resist seismic loads.
(F) Risk of failure or collapse.
(1) Whenever any portion or member of appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; or
(2) Whenever the structure, or any portion thereof, is likely to partially or completely collapse as a result of any cause, including but not limited to:
(a) Dilapidation, deterioration, or decay;
(b) Faulty construction;
(c) The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such structure; or
(d) The deterioration, decay, or inadequacy of its foundation.
(G) Excessive damage or deterioration. Whenever the structure exclusive of the foundation:
(1) Shows 33% or more damage or deterioration of its supporting member or members;
(2) 50% damage or deterioration of its non-supporting members; or
(3) 50% damage or deterioration of its enclosing or outside wall coverings.
(H) Demolition remnants on site. Whenever any portion of a structure, including unfilled excavations, remains on a site for more than 30 days after the demolition or destruction of the structure.
(I) Lack of approved foundation. Whenever any portion of a structure, including unfilled excavations, remains on a site, including:
(1) Where a structure is not placed on an approved foundation and no valid permit exists for a foundation for that structure; or
(2) For more than 90 days after issuance of a permit for a foundation for a structure, where the structure is not placed on an approved foundation.
(J) Fire hazard. Whenever any structure is a fire hazard as a result of any cause, including but not limited to: dilapidated condition, deterioration, or damage; inadequate exits; lack of sufficient fire-resistive construction; or faulty electric wiring, gas connections, or heating apparatus.
(K) Other hazards to health, safety, or public welfare.
(1) Whenever, for any reason, the structure, or any portion thereof, is manifestly unsafe for the purpose for which it is lawfully constructed or currently is being used; or
(2) Whenever a structure is structurally unsafe or is otherwise hazardous to human life, including but not limited to whenever a structure constitutes a hazard to health, safety, or public welfare by reason of inadequate maintenance, dilapidation, unsanitary conditions, obsolescence, fire hazard, disaster, damage, or abandonment.
(L) Public nuisance.
(1) Whenever any structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence; or
(2) Whenever the structure has been so damaged by fire, wind, earthquake or floor or any other cause, or has become so dilapidated or deteriorated as to become:
(a) An attractive nuisance, or
(b) A harbor for vagrants or criminals.
(M) Chronic dereliction. Whenever a derelict building, as defined in this chapter, remains unoccupied for a period in excess of six months or period less than six months when the building or portion thereof constitutes an attractive nuisance or hazard to the public.
(N) Violations of codes, laws. Whenever any structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such structure provided by the building regulations of this city, as specified in the Oregon State Structural Code and Fire and Life Safety Code or any law or ordinance of this state or city relating to the condition, location, or structure or buildings.
(Ord. 2081, passed 4-12-04)
All structures or portions thereof which are determined after inspection by the City Manager to be dangerous as defined in this chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures specified herein. If the City Manager determines that a structure is dangerous, as defined by this chapter, the City Manager may commence proceedings to cause the repair, vacation, or demolition of the structure.
(Ord. 2081, passed 4-12-04)
No person, firm or corporation shall construct, alter, repair, move, improve, or demolish any structure without first obtaining applicable building permits as required by the code and the Oregon Code of Ordinances and the Oregon State Specialty Codes as adopted by the state and the city.
(Ord. 2081, passed 4-12-04)
All buildings, structures, or other improvements within the scope of this chapter and all construction work for which a permit is required shall be subject to inspection by the Building Official and shall meet all pertinent Oregon State Codes and this code.
(Ord. 2081, passed 4-12-04)
(A) If a notice of violation of §§ 135.030 through 135.040 or §§ 135.050 through 135.053 has been issued, and if the affected structure or any portion thereof is or becomes vacant, it shall be:
(1) Unlawful to re-enter the affected structure or any portion thereof between the hours of 10:00 p.m. and 7:00 a.m. for any use of, or presence in, the affected structure or portion thereof unless authorized in writing by the City Manager.
(2) Unlawful to re-enter the affected structure or portion thereof between the hours of 7:00 a.m. and 10:00 p.m. for any purpose other than work associated with the correction of violations noted in the notice of violation.
(3) Except as provide above in division (2), it is unlawful to occupy the affected structure or portion thereof without prior written approval from the City Manager.
(B) In addition to any civil penalties imposed pursuant to § 135.092 (D), and as collected through a municipal lien process, any person unlawfully occupying any such affected structure or portion thereof shall upon conviction be punished by a fine of not more than $500.
(Ord. 2081, passed 4-12-04)
When a property has an illegal residential occupancy, including but not limited to occupancy of tents, campers, motor homes, recreational vehicles, or other structures or spaces not intended for permanent residential use or occupancy of spaces constructed or converted without permit, the use shall be abated or the structure brought into compliance with the present regulations for a building of the same occupancy.
(Ord. 2081, passed 4-12-04)
It is unlawful for any person to obstruct, impede, or interfere with any person lawfully engaged in:
(A) The work of repairing, vacating, warehousing, or demolishing any
(B) The abatement of a nuisance pursuant to the provisions of this chapter; or
(C) The performance of any necessary act preliminary to or incidental to such work as authorized by this chapter or directed pursuant to it.
(Ord. 2081, passed 4-12-04)
The City Manager is hereby authorized to administer and enforce all of the provisions of this chapter. In accordance with approved procedures, the City Manager may employ qualified officers, inspectors, assistants, and other employees as shall be necessary to carry out the provisions of this chapter. The authority of the City Manager to enforce the provisions of this chapter is independent of and in addition to the authority of other city officials to enforce the provisions of any other chapter of the city code.
(Ord. 2081, passed 4-12-04)
The City Manager is authorized to make inspection of property for the purposes of enforcing this chapter. Wherever possible, inspections made by the personnel of the city Building Department or the city Fire and Emergency Services will be coordinated to avoid the issuance of multiple or conflicting orders.
(Ord. 2081, passed 4-12-04)
To enforce any of the requirements of this chapter, the City Manager may gain compliance by:
(A) Instituting an action before the Code Hearings Officer as outlined by Chapter 136;
(B) Causing appropriate action to be instituted in a court of competent jurisdiction; or
(C) Taking other action as the City Manager in the exercise of the City Manager’s discretion deems appropriate.
(Ord. 2081, passed 4-12-04)
(A) Right of entry. The City Manager may enter property, including the interior of structures, at all reasonable times whenever an inspection is necessary to enforce any building regulations, or whenever the City Manager has reasonable cause to believe that there exists in any structure or upon any property any condition which makes such property substandard as defined in any building regulations. In the case of entry into area of property that are plainly enclosed to create privacy and prevent access by unauthorized persons, the following steps shall be taken:
(1) Occupied property. If any structure on the property is occupied, the City Manager shall first present credentials and request entry. If entry is refused, the City Manager may attempt to obtain entry by obtaining an inspection warrant.
(2) Unoccupied property.
(a) If the property is unoccupied, the City Manager shall contact the property owner, or other persons having charge or control of the property, and request entry. If entry is refused, the City Manager may attempt to obtain entry by obtaining an inspection warrant.
(b) If structures on the property are unoccupied, the City Manager shall first make a reasonable attempt to locate the owner or other persons having charge or control of the property and request entry. If entry is refused, the City Manager may attempt to obtain entry by obtaining an inspection warrant.
(3) Open, unoccupied property. If any structure on the property is unoccupied and open:
(a) The City Manager shall notify the owner of the property’s condition and order the owner, or other persons having charge or control of the property, to immediately secure the premises against the entry of unauthorized persons. If the property is not secured within 15 days from the date notice is sent, the City Manager may secure the property as provided in §§ 135.020 through 135.022.
(b) If the City Manager believes that a hazardous condition exists, the City Manager may immediately secure the property as provided in §§ 135.020 through 135.022. Following the summary abatement, the City Manager shall notify the owner, or other persons having charge or control of the property, of the condition of the property and request entry. If entry is refused, the (B) Grounds for issuance of inspection warrants; affidavit.
(1) Affidavit. An inspection warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the inspection or investigation, the property to be inspected or investigated and the purpose for which the inspection or investigations is to be made including the basis upon which cause exists to inspect. In addition, the affidavit shall contain either a statement that entry has been sought and refused, or facts or circumstances reasonably showing that the purposes of the inspection or investigations might be frustrated if entry were sought without an inspection warrant.
(2) Cause. Cause shall be deemed to exist if reasonable legislative or administrative standards for conducting a routine, periodic or area inspection are satisfied with respect to any building or upon any property, or there is probable cause to believe that a condition of nonconformity with any building regulation exists with respect to the designated property, or an investigation is reasonably believed to be necessary in order to discover or verify the condition of the property for conformity with building regulations.
(C) Procedure for issuance of inspection warrant.
(1) Examination. Before issuing an inspection warrant, the judge may examine under oath the applicant and any other witness and shall be satisfied of the existence of grounds for granting such application.
(2) Issuance. If the judge is satisfied that cause for the inspection or investigation exists and that the other requirements for granting the application are satisfied, the judge shall issue the warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered and the purpose of the inspection or investigation. The warrant shall contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.
(3) Police assistance. In issuing an inspection warrant on unoccupied property, including abatement warrants pursuant to § 135.075, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and assist the City Manager or representative of the department inspecting the property in any way necessary to complete the inspection.
(D) Execution of inspection warrant.
(1) Occupied property. Except as provided in division (D)(2) of this section, in executing an inspection warrant, the person authorized to execute the warrant shall, before entry into the occupied premises, make a reasonable effort to present the person’s credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property and warrant or a copy thereof upon request.
(2) Unoccupied property. In executing an inspection warrant, the person authorized to execute the warrant need not inform anyone of the person’s authority and purpose, as prescribed in division (D)(1) of this section, but may promptly enter the property if it is at the time unoccupied or not in the possession of any person or at the time reasonable believed to be in such condition. In such a case a copy of the warrant shall be conspicuously posted upon the property.
(3) Return. An inspection warrant must be executed within ten working days of its issue and returned to the judge by whom it was is issued within ten working days from its date of execution. After the expiration of the time prescribed by this section, the warrant unless executed is void.
(Ord. 2081, passed 4-12-04)
(A) Notification required.
(1) Except in the case of summary abatement or immediate danger, if the City Manager finds one or more violations of the provisions of this chapter on a property or adjacent right of way, the City Manager shall notify the property owner to repair, remove or take any other action as necessary to correct the violations. Notification to the property owner shall be accomplished by mailing a notice to the owner, at the owner’s address as recorded in the county assessment and taxation records for the property. The notice may be sent via first class mail or certified mail at the City Manager’s discretion. Notice to the property owner may also be accomplished by posting notice on the property.
(2) In addition to the above notice to the property owner, prior notice before towing a disabled vehicle must be provided by mailing a notice to the registered owner and any other persons who reasonably appear to have an interest in the vehicle within 48 hours, Saturdays, Sundays and holidays excluded, after the notice has been posted on the property.
(B) Content of the notice. The notice shall include:
(1) The date of posting (if notice was posted at the property);
(2) The street address or a description sufficient for identification of the property;
(3) A statement that one or more violations of this chapter exist at the property with a general description of the violation;
(4) Disclosure that penalties, charges, and liens may result from a failure to remedy the violations, and in the case of a disabled vehicle, a statement that the city intends to tow and remove the vehicle if the violation is not corrected;
(5) Specification of a response period during which the property may be brought into compliance with this chapter before penalties, charges, or liens will be assessed; and
(6) Disclose the owner’s right to appeal the findings of the notice of violation and a description of the time limits for requesting an administrative review or a hearing, as described in §§ 135.100 through 135.102 of this chapter.
(C) Notification by mail. An error in the name of the property owner or address listed in the county assessment and taxation records for the property shall not render the notice void, but in such case the posted notice, if a notice was posted on the property, shall be deemed sufficient.
(D) Notification following summary abatement. When summary abatement is authorized by this chapter, the decision regarding whether or not to use summary abatement shall be at the City Manager’s discretion. In the case of summary abatement, notice to the owner or occupant of the property prior to abatement is not required. However, following summary abatement, the City Manager shall post upon the property liable for the abatement a notice describing the action taken to abate the nuisance violation. In addition, a notice of summary abatement shall be mailed to the property owner. The notice of summary abatement shall include:
(1) The date the nuisance on the property was abated;
(2) The street address or description sufficient for identification of the property;
(3) A statement of the violations of Chapter 135 that existed at the property and were summarily abated;
(4) Disclosure that penalties, charges and liens will result from the summary abatement;
(5) Disclosure of the owner’s right to appeal the findings of the notice.
(E) Compliance inspections and penalties. The City Manager shall monitor compliance with the notice through periodic tracing and inspection. Once a notice has been mailed, the owner shall be responsible for all enforcement penalties associated with the property, as described in §§ 135.090 through 135.093, until the violations are corrected and the City Manager has been so notified. Except in the case of summary abatement, whenever the owner believes that all violations listed in the first or any subsequent notice of violation have been corrected, they shall notify the City Manager.
(F) Time limits for repair. The City Manager may set time limits in which the violations of this chapter are to be corrected. Failure to comply with the time limits shall be a violation of this chapter.
(G) Effective date of notice. All notices served pursuant to this section shall be considered served as of the date and time of mailing the notice described in divisions (A) and (C) of this section.
(H) Information filed with county recorder. If the City Manager finds violations of this chapter on any property, the City Manager may record with the County Recorder information regarding City code violations and possible liens on the property.
(Ord. 2081, passed 4-12-04)
(A) Abatement. If, within the time limit set by the City Manager in the notice of violation, any nuisance described in the notice has not been removed and abated, or cause shown, as specified in §§ 135.100 through 135.102 of this chapter, why such nuisance should not be removed or abated, or where summary abatement is authorized, the City Manager may cause the nuisance to be removed and abated, including disposal in an approved manner.
(B) Warrants. The City Manager may request a judge from a court of competent jurisdiction to issue a nuisance abatement warrant whenever entry onto private property is necessary to remove and abate any nuisance, or whenever the City Manager has reasonable cause to believe that there exists in any building or upon any property any nuisance which makes such property substandard as defined in any building regulations.
(C) Grounds for issuance of nuisance abatement warrants; affidavit.
(1) Affidavit. A nuisance abatement warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the removal and abatement of the nuisance, the building or property to be entered, the basis upon which cause exists to remove or abate the nuisance, and a statement of the general types and estimated quantity of the items to be removed or conditions abated.
(2) Cause. Cause shall be deemed to exist if reasonable legislative or administrative standards for removing and abating nuisances are satisfied with respect to any building or upon any property, or if there is cause to believe that a nuisance violation exists, as defined in this chapter, with respect to the designated property.
(D) Procedure for issuance of a nuisance abatement warrant.
(1) Examination. Before issuing a nuisance abatement warrant, the judge may examine the applicant and any other witness under oath and shall be satisfied of the existence of grounds for granting such application.
(2) Issuance. If the judge is satisfied that cause for the removal and abatement of any nuisance exists and that the other requirements for granting the application are satisfied, the judge shall issue the warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered, and a statement of the general types and estimated quantity of the items to be removed or conditions abated. The warrant shall contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.
(3) Police assistance. In issuing a nuisance abatement warrant, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and to assist the representative of the bureau in any way necessary to enter the property and remove and abate the nuisance.
(E) Execution of nuisance abatement warrants.
(1) Occupied property. Except as provided in division (E)(2) of this section, in executing a nuisance abatement warrant, the person authorized to execute the warrant shall, before entry into the occupied premises, make a reasonable effort to present the person’s credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property the warrant or a copy thereof upon request.
(2) Unoccupied property. In executing a nuisance abatement warrant on unoccupied property, the person authorized to execute the warrant need not inform anyone of the person’s authority and purpose, as prescribed in division (E)(1) of this section, but may promptly enter the designated property if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be in such condition. In such case a copy of the nuisance abatement warrant shall be conspicuously posted on the property.
(3) Return. A nuisance abatement warrant must be executed within ten working days of its issue and returned to the judge by whom it was issued within ten working days from its date of execution. After the expiration of the time prescribed by this subsection, the warrant unless executed is void.
(F) Disposal of nuisance items removed. The City Manager may cause the nuisance items removed pursuant to the nuisance abatement warrant to be disposed of in an approved manner whenever the City Manager, in the City Manager’s sole discretion, finds that the fair and reasonable value of the items at resale would be less than the cost of storing and selling the items. In making the above determination, the City Manager may include in the costs of sale the reasonable cost of removing the items to a place of storage, of storing the items for resale, of holding the resale including reasonable staff allowances, and all other reasonable and necessary expenses of holding the sale.
(Ord. 2081, passed 4-12-04)
(A) Any structure found to be in violation of §§ 135.030 through 135.040 to such an extent as to be a hazard or declared a dangerous structure under §§ 135.050 through 135.053 may be vacated, secured, and maintained against entry by order of the Code Hearings Officer.
(B) If the City Manager finds violations to the extent that an immediate danger is posed to the health, safety, or welfare of the occupants, or that of the general public, the City Manager may order part of the structure, or all of the structure, to be vacated or demolished forthwith, if in the City Manager’s discretion, circumstances are found that do not allow time for prior application to the Hearings Officer.
(1) The owner or any tenant of the property, who has been affected by the City Manager’s determination to vacate may appeal that determination to the Code Hearings Officer by following the procedure as outlined by the city code.
(2) Upon receipt of a request for a hearing the Code Hearings Officer shall schedule and hold an appeal hearing within with ten days after the receipt of the request.
(C) Upon vacation of the structure a notice shall be posted at or on each exit of the building. Whenever such notice is posted, the City Manager shall include in such notice a statement declaring the building unsafe to occupy and specifying the conditions that necessitate the posting.
(D) Unless authorized by the City Manager, it is unlawful for any person knowingly to enter or remain in any structure that the City Manager has ordered vacated pursuant to this section. In addition to any civil penalties imposed pursuant to §§ 135.090 through 135.093, any person knowingly entering or remaining in such a structure shall upon conviction be punished by a fine of not more than $500.
(Ord. 2081, passed 4-12-04)
At any time after the City Manager identifies a property as containing a dangerous structure and has notified the owner as specified in § 135.074, the City Manager may cause an action to be instituted before the Code Hearings Officer as provided in the city code.
(Ord. 2081, passed 4-12-04)
(A) Abatement. If, within the time limit set by the Hearings Officer’s order for demolition, the dangerous structure described in the order has not been removed and abated, or cause shown, as specified in §§ 135.100 through 135.102 of this chapter, why such dangerous structure should not be removed or abated, or where summary abatement is authorized, the City Manager may cause the dangerous structure to be removed and abated, including disposal in an approved manner.
(B) Warrants. The City Manager may request any judge from a court of competent jurisdiction to issue a demolition warrant whenever entry onto private property is necessary to demolish a dangerous structure.
(C) Grounds for issuance of demolition warrants; affidavit.
(1) Affidavit. A demolition warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the demolition of the dangerous structure, the building or property to be entered, the basis upon which cause exists to demolish the dangerous structure and a general statement describing the structure to be demolished. In addition, the affidavit shall contain a statement describing the conditions under which the demolition is to be completed, including completion of all work on the property within a 30-day period.
(2) Cause. Cause shall be deemed to exist if reasonable legislative or administrative standards are satisfied with respect to the demolition of the dangerous structure.
(D) Procedure for issuance of a demolition warrant.
(1) Examination. Before issuing a demolition warrant, the judge may examine the application and any other witness under oath and shall be satisfied of the existence of grounds for granting such application.
(2) Issuance. If the judge is satisfied that cause for the demolition of any dangerous structure exists and that the other requirements for granting the application are satisfied, the judge shall issue the demolition warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered, and a statement describing the structure to be demolished and the work to be performed. The warrant shall contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.
(3) Police assistance. In issuing a demolition warrant, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and to assist the representative of the bureau in any way necessary to enter the property and demolish the dangerous structure.
(E) Execution of demolition warrant.
(1) Execution. In executing the demolition warrant, the person authorized to execute the warrant need not inform anyone of the person’s authority or purpose but may promptly enter the designated property if it is or at the time reasonably appears to be a) unoccupied, or b) not in the possession of any person. A copy of the demolition warrant shall be conspicuously posted on the property.
(2) Return. A demolition warrant must be executed with ten working days of its issuance by the judge. The authority to enter into the property and perform the demolition work shall continue for a period of up to 30 days after the date of execution, unless the judge extends this time before it has expired. The executed warrant shall be returned to the judge upon the completion of the demolition or the expiration of the authorized time, whichever occurs first. If the warrant is not executed within ten days after the issuance by the judge, the warrant shall be void.
(F) Disposal of demolition debris. The City Manager may cause the debris to be removed pursuant to the demolition warrant and disposed of in an approved manner whenever the City Manager, in the City Manager’s sole discretion, finds that the fair and reasonable value of the debris would be less than the cost of storing and selling the items. In making the above determination, the City Manager may include in the costs of sale the reasonable cost of removing debris to a place of storage, of storing the items of resale, of holding the resale including reasonable allowances for costs of staff, and any other reasonable and necessary expenses of holding a sale.
(Ord. 2081, passed 4-12-04)
(A) The City Manager may grant an exception when the enforcement of the requirements of this chapter would cause undue hardship to the owner or occupants of the affected property, or whenever the City Manager deems it necessary in order to accomplish the purpose of this chapter.
(B) To carry out the intent of this section the City Manager shall establish written policies in the form of waivers to explain the exceptions that are available to property owners. The waivers shall include the following information:
(1) An explanation of the purpose of the waiver;
(2) A list of the requirements the owner must meet in order to qualify for the waiver;
(3) An explanation of the period of time during which the waiver will be in effect;
(4) A list of the actions the owner must perform to fulfill their responsibilities to maintain the waiver and to prevent the waiver from being canceled.
(C) The owner must apply for a waiver in writing.
(Ord. 2081, passed 4-12-04)
In order to defray the costs of enforcement of, and to encourage compliance with this chapter, the City Manager shall impose penalties on those properties which are found to be in violation of this chapter.
(Ord. 2081, passed 4-12-04)
(A) The city shall charge a penalty in the form of a monthly enforcement fee for each property found in violation of §§ 135.030 through 135.040 or §§ 135.050 through 135.053 of this chapter that meets the following conditions:
(1) The property is a subject of a notice of violation of this chapter as described in § 135.074;
(2) A response period of 30 days has passed since the effective date of the initial notice of violation; and
(3) The property remains out of compliance with the initial notice of violation or any subsequent notice of violation.
(B) (1) The amount of the monthly enforcement fee shall be charged according to the Property Maintenance Regulations Fee Schedule as approved by resolution of the City Council.
(2) If all violations are not corrected within six months from the date of the initial notice of violation, subsequent enforcement fees shall be twice the amount stated in the Property Maintenance Regulations Fee Schedule as approved by the City Council.
(C) Whenever the owner believes that all violations listed in the first or any subsequent notice of violation have been corrected, they shall so notify the City Manager. Upon receipt of such notice, the City Manager shall promptly schedule an inspection of the property and shall notify the owner if any violations remain uncorrected.
(D) Once monthly enforcement fees begin, they shall continue until all violations listed in the first or any subsequent notice of violation have been corrected, inspected and approved.
(E) When a property meets the conditions for charging an enforcement fee as described in this section, the City Manager shall file a statement with the City Finance Director that identifies the property, the amount of the monthly fee, and the date from which the charges are to begin. The Finance Director shall then:
(1) Notify the property owner of the assessment of the enforcement fees;
(2) Record a property lien in the Docket of City Liens;
(3) Bill the property owner monthly for the full amount of enforcement fees owing, plus additional charges to cover administrative costs of the City Auditor; and
(4) Maintain lien records until:
(a) The lien and all associated interest, penalties, and costs are paid in full; and
(b) The City Manager certifies that all violations listed in the original or any subsequent notice of violation have been corrected.
(Ord. 2081, passed 4-12-04)
(A) Nuisances.
(1) Whenever a nuisance is abated by the city, the City Manager shall keep an accurate account of all expenses incurred for each nuisance abated including but not limited to abatement costs, civil penalties, administrative costs, recorders fees and chapter report charges according to the Property Maintenance Regulations Fee Schedule as approved by City Council.
(2) When the city has abated a nuisance maintained by any owner of real property, for each subsequent nuisance which is abated by the city within two consecutive calendar years concerning the real property, owned by the same person, an additional civil penalty according to the Property Maintenance Regulations Fee Schedule shall be added to the costs, charges and civil penalties provided for in division (A)(1) of this section. The additional civil penalty shall be imposed without regard to whether the nuisance abated by the city involved the same real property or are of the same character.
(3) Costs and penalties resulting from nuisance abatement shall be assessed as a lien upon the real property as provided in division (D).
(B) Disabled Vehicles.
(1) Whenever a vehicle is removed from real property by the city, the City Manager shall keep an accurate account of all expenses and penalties incurred for each disabled vehicle removed including but not limited to abatement costs, civil penalties, administrative costs, recording fees, and chapter report charges according to the Property Maintenance Regulations Fee Schedule as approved by the City Council.
(2) Whenever a disabled vehicle, which has been tagged by the city, is removed from real property and placed on the public right-of-way, the owner of the real property shall be responsible for that vehicle. The City Manager shall remove the disabled vehicle from the right-of-way and keep an accurate account of all expenses and penalties incurred for each disabled vehicle removed including but not limited to abatement costs, civil penalties, administrative costs, recording fees and chapter report charges according to the Property Maintenance Regulations Fee Schedule as approved by the City Council.
(3) Costs and penalties resulting from the abatement of disabled vehicles shall be assessed as a lien upon the real property as provided in division (D).
(C) Occupancy of property after notice of violation.
(1) Whenever an owner causes or permits a vacant structure or portion thereof to be occupied in violation of this chapter, a penalty according to the Property Maintenance Fee Schedule as approved by the City Council shall be imposed per structure or portion thereof.
(2) Costs and penalties resulting from the occupancy of property after notice of violation shall be assessed as a lien upon the real property as provided in division (D).
(D) When a property meets the conditions for assessment of costs and/or penalties as described in divisions (A), (B), or (C) above, the city code enforcement officer shall file a statement of such costs and/or penalties with the Finance Director. Upon receipt of the statement, the Finance Director. Upon receipt of the statement, the Finance Director shall mail an assessment notice to the property owner. The notice shall include the amount due plus charges to cover the administrative costs of the City Finance Director. At the same time the notice is mailed by the Finance Director, the Finance Director shall enter the amount due or the amount of the unpaid balance, plus charges to cover the administrative cost of the City Finance Director, in the Docket of City Liens which shall thereafter constitute a lien against the property. The property owner is responsible for paying all liens assessed against the property.
(Ord. 2081, passed 4-12-04)
(A) Whenever a building is demolished by the city, the City Manager shall keep an accurate account of all expenses incurred for each building demolished, including but not limited to abatement costs, civil penalties plus administrative costs according to the Property Maintenance Regulations Fee Schedule as approved by the City Council.
(B) Costs and penalties resulting from the demolition by the city of any structure pursuant to this chapter plus charges to cover the administrative costs of the City Finance Director shall be assessed as a lien upon the real property on which the structure was located pursuant to the provisions of the code.
(Ord. 2081, passed 4-12-04)
(A) Whenever an owner has been given a notice pursuant to this chapter and has been directed to make any correction or to perform any act and the owner believes the finding of the notice was in error, the owner may have the notice reviewed by the City Manager. If a review is sought, the owner shall submit a written request to the City Manager within 15 days of the date of the notice. Such review shall be conducted by the City Manager. The owner requesting such review shall be given the opportunity to present evidence to the City Manager. Following the review, the City Manager shall issue a written determination.
(B) Nothing in this section shall limit the authority of the City Manager to initiate a proceeding under the code.
(Ord. 2081, passed 4-12-04)
A determination issued pursuant to § 135.090 may be appealed to the Code Hearings Officer as provided by the code.
(Ord. 2081, passed 4-12-04)
All appeals from the Code Hearings Officer’s determination pursuant to § 135.091 shall be by writ of review as authorized by ORS 34.010 through 34.100.
(Ord. 2081, passed 4-12-04)
The office of Code Hearings Officer is hereby created. The Code Hearings Officer shall act on behalf of the Council in considering and applying regulatory enactments and policies pertaining to the matters set forth in other sections of this chapter. The Code Hearings Officer shall be appointed by the City Manager. The appointment of a Code Hearings Officer may be for a specific term, for a particular proceeding, or for a group of proceedings.
(Ord. 2083, passed 4-26-04)
The Code Hearings Officer shall have jurisdiction over all cases submitted in accordance with the procedures and under the conditions set forth in this code.
(Ord. 2083, passed 4-26-04)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) The City of Hermiston.
(2) Any person named by the city as a respondent in the complaint.
(3) Any person requesting and entitled to an appeal hearing pursuant to § 136.10.
(Ord. 2083, passed 4-26-04)
(A) The city may institute appropriate suit or legal action, in law or equity, in any court of competent jurisdiction to enforce the provisions of any order of the Code Hearings Officer, including, but not limited to, a suit or action to obtain judgment for any civil penalty imposed by an order of the Code Hearings Officer pursuant to § 136.23(A)(5) and/or any assessment for costs or penalties imposed pursuant to § 136.24(C).
(B) Unless authorized by the Code Hearing Officer, it is unlawful for any person to knowingly enter or remain in any building or structure that the Code Hearings Officer has ordered vacated pursuant to § 136.23(C)(2). In addition to any civil penalties imposed pursuant to § 136.23(A)(5), any person knowingly entering or remaining in such building or structure shall upon conviction be punished by a fine of not more than $500, or by imprisonment not exceeding six months, or both.
(Ord. 2083, passed 4-26-04)
(A) A proceeding before the Code Hearings Officer may be initiated only as specifically authorized elsewhere in the code
(B) Except as provided in § 136.32, a proceeding before the Code Hearings Officer shall be initiated only by the city filing a compliant with the office of the Code Hearings Officer on forms provided by that office. The complaint shall contain:
(1) The name of the respondent.
(2) The address or location at which the violation is alleged to have occurred.
(3) A short and plain statement of the alleged violations, including a reference to the particular statutes, rules, or regulations involved.
(4) The nature of the relief sought by the city.
(5) The name, title, and signature of the person initiating the proceeding on behalf of the city.
(Ord. 2083, passed 4-26-04)
(A) Upon filing of a complaint, the Code Hearings Officer shall specify a time, date, and place for a public hearing on the complaint and the matters alleged therein.
(B) The date set for hearing shall be not less than 14 days nor more than 30 days after the date the complaint is filed, except that the Code Hearings Officer may specify a date for hearing less than 14 days after the complaint is filed where it appears that the alleged violation poses an immediate and serious hazard to the public health, safety, or welfare or to the life, health, safety, welfare, or property of any person.
(C) The Code Hearings Officer may postpone, continue, set over, or reschedule any hearing with the consent of all parties or on the motion of any party for good cause shown.
(Ord. 2083, passed 4-26-04)
(A) The City shall give notice of the hearing, together with a copy of the complaint, to the respondent and all other parties not less than five calendar days prior to the date set for hearing except that the Code Hearings Officer may set a shorter period when it appears that the alleged violation poses an immediate and serious hazard to the public health, safety, or welfare or the life, health, safety, welfare, or property of any person.
(B) The notice of hearing shall specify the time, date, and place set for the hearing.
(C) Notice may be given by any method or combination of methods which, under the circumstances, is reasonably likely to apprise the parties of the hearing. Notice may be given by:
(1) Personally delivering the notice to the party, or
(2) Mailing the notice by United States mail, postage prepaid, and addressed to the residence or business address of the party, or
(3) Any method authorized by the Oregon Rules of Civil Procedure for the service of summons, or
(4) Any other method authorized by the hearings officer, by rule or otherwise. If notice is given by mail, such notice shall be deemed given and received three days (Sundays and holidays not included) after the notice is deposited in the United States mail.
(D) Notice of the hearing and a copy of the complaint shall also be given to:
(1) The tenants, residents, and lessees of any building, property, or structure if the city has requested in the complaint the vacation, closure, or demolition of the building, property, or structure or if the Code Hearings Officer determines that such vacation, closure, or demolition is a reasonably possible outcome of the proceeding.
(2) Any other person who reasonably appears to have an interest in the property involved or who reasonably appears may be adversely affected by any determination, decision, or order of the Code Hearings Officer.
(E) The failure of any person to receive actual notice of the proceeding shall not invalidate the hearing or any determination, decision, or order of the Code Hearings Officer.
(Ord. 2083, passed 4-26-04)
(A) Prior to the commencement of a contested hearing, the Code Hearings Officer shall inform each party to the hearing of the following matters:
(1) A general description of the hearing procedure including the order of presentation of evidence, what kinds of evidence are admissible, whether objections may be made to the introduction of evidence and what kind of objections may be made, and an explanation of the burdens of proof or burdens going forward with the evidence.
(2) That a record will be made of the proceedings and the manner of making the record and its availability to the parties.
(3) The function of the record-making with respect to the perpetuation of the testimony and evidence and with respect to any appeal from the determination or order of the Code Hearings Officer.
(4) Whether an Attorney will represent the city in the matters to be heard and whether the parties ordinarily and customarily are represented by an Attorney.
(5) The Title and function of the Code Hearings Officer, including the effect and authority of the Code Hearings Officer’s determination.
(6) In the event a party is not represented by an attorney, whether the party may, during the course of proceedings, request a recess if at that point the party determines that representation by an attorney is necessary to the protection of the party’s rights.
(7) Whether there exists an opportunity for an adjournment at the end of the case and the party then determines that additional evidence should be brought to the attention of the Code Hearings Officer and the hearing is reopened.
(8) Whether there exists an opportunity after the hearing and prior to the final determination or order of the Code Hearings Officer to review and object to any proposed findings of fact, conclusions of law, summary of evidence, or order of the Code Hearings Officer.
(9) A description of the appeal or judicial review process from the determination or order of the Code Hearings Officer.
(B) The information required to be given to a party to a hearing under division (A) of this section may be given in writing or orally before commencement of the hearing.
(C) The failure to give notice of any item specified in division (A) of this section shall not invalidate any determination or order of the Code Hearings Officer unless on appeal from or review of the determination or order a court finds that the failure affects the substantive rights of the complaining party. In the event of such a finding, the court shall remand the matter to the Code Hearings Officer for a reopening of the hearing and shall direct the Code Hearings Officer as to what steps shall be taken to remedy the prejudice to the rights of the complaining party.
(Ord. 2083, passed 4-26-04)
(A) Unless precluded by law, informal disposition of any proceeding may be made, with or without a hearing by stipulation, consent order, agreed settlement, or default. However, after issuance of notice of hearing, no building occupied as a residential structure may be vacated based on an informal disposition unless approved by the Code Hearings Officer.
(B) Parties may elect to be represented by counsel and to respond to and present evidence and argument on all issues involved.
(C) An order adverse to a party may be issued upon default only upon a prima facie case made on the record before the Code Hearings Officer.
(D) Testimony shall be taken upon oath or affirmation of the witness from whom received. The Code Hearings Officer may administer oaths or affirmations to witnesses.
(E) The Code Hearings Officer shall place on the record a statement of the substance of any written or oral ex parte communications made to the Code Hearings Officer on a fact in issue during the pendency of the proceedings. The Code Hearings Officer shall notify the parties of the communication and of their right to rebut such communications.
(F) The record in a proceeding before the Code Hearings Officer shall include:
(1) All pleadings, motions, and intermediate rulings;
(2) Evidence received or considered;
(3) Stipulations;
(4) A statement of matters officially noticed;
(5) Questions and offers of proof, objections, and rulings thereon;
(6) A statement of any ex parte communications on a fact in issue made to the Code Hearings Officer during the pendency of the proceedings;
(7) Proposed findings and exceptions; and
(8) Any proposed, intermediate, or final order prepared by the Code Hearings Officer.
(G) A verbatim, written, mechanical, or electronic record shall be made on all motions, rulings, and testimony. A party may request transcription of the record for the purposes of court review pursuant to § 136.22 upon payment of the reasonable costs of preparing the transcript. If the party prevails on such review, the reasonable costs of preparing the transcript shall be allowed as a part of that party’s costs in such action. The City Council may determine the reasonable costs of preparing a transcript by Council resolution.
(Ord. 2083, passed 4-26-04)
(A) The Code Hearings Officer shall issue subpoenas to any party upon showing of general relevance and reasonable scope of the evidence sought. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the city, shall receive fees and mileage as prescribed by law for witnesses in civil actions.
(B) If any person fails to comply with any subpoena so issued or any party or witness refuses to testify on any matters on which he may be lawfully interrogated, the judge of the Circuit Court of any county, on the application of the Code Hearings Officer, or of a designated representative of the Code Hearings Officer or of the party requesting the issuance of the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of subpoena issued from such court or a refusal to testify therein.
(Ord. 2083, passed 4-26-04)
(A) On petition of any party and a showing of the general relevance of the documents or things sought, the Code Hearings Officer may enter an order directing any party to produce and make available to the petitioning party to inspect and copy any documents or to inspect and copy, test, or sample any things which are in the possession of a party.
(B) The order directing a party to produce and make available documents or things may require the petitioning party to pay the party producing documents and things that party’s reasonable costs associated with such production.
(C) The Code Hearings Officer shall not enter an order requiring a party to produce any document or thing which is privileged under the rules of privilege recognized by law or which is exempt from disclosure under the Oregon Public Records Law.
(Ord. 2083, passed 4-26-04)
(A) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Erroneous rulings on evidence shall not preclude action by the Code Hearings Officer on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. The Code Hearings Officer shall give effect to the rules of privilege recognized by law. Objections to evidence may be received in written form.
(B) All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to and except as provided in division (D) of this section, no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies of excerpts, or by incorporation by reference.
The burden of presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position.
(C) Every party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence.
(D) The Code Hearings Officer may take notice of judicially recognizable facts, and the Code Hearings Officer may take official notice of general, technical, or scientific facts within the specialized knowledge of city employees. Parties shall be notified at any time during the proceeding, but in any event prior to the final decision, of material officially noticed and they shall be afforded an opportunity to contest the facts so noticed.
(E) No sanction shall be imposed or order be issued except upon consideration of the whole record as supported by, and in accordance with reliable, probative, and substantial evidence.
(Ord. 2083, passed 4-26-04)
After issuance of a notice of hearing, and until such time as the Code Hearings Officer issues a final decision, neither the respondent nor the city shall take any action that results in the vacation of a building used for residential occupancy without the permission of the Code Hearings Officer, except that in cases where buildings are found to be imminently hazardous, the building official or Chief Fire Marshal may order the building vacated if no other means are available to eliminate the imminent hazard.
(Ord. 2083, passed 4-26-04)
The Code Hearings Officer shall prepare and mail to all parties, a proposed order including findings of fact and conclusions of law. The proposed order shall become final on the date specified in the order, which date shall not be less than 14 days after such mailing, unless the Code Hearings Officer finds that an existing violation is imminently dangerous to the health, safety, or property of any person or of the public, in which case the order may specify an earlier date.
(Ord. 2083, passed 4-26-04)
(A) Every order adverse to a party to the proceeding shall be in writing or stated in the record and may be accompanied by an opinion.
(B) Unless otherwise stipulated, a final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the Code Hearings Officer’s order.
(C) The Code Hearings Officer shall notify the parties to a proceeding of a final order by delivering or mailing a copy of the order and any accompanying findings and conclusions to each party or, if applicable, the party’s attorney of record.
(D) Every final order shall include a citation of the ordinances under which the order may be judicially reviewed.
(Ord. 2083, passed 4-26-04)
(A) A party may file a petition for reconsideration or rehearing on a final order with the Code Hearings Officer within 30 days after the order is mailed.
(B) The petition shall set forth the specific ground or grounds for requesting the reconsideration or rehearing. The petition may be supported by written argument.
(C) The Code Hearings Officer may grant a request for reconsideration if good and sufficient reason therefor appears. If the petition is granted, an amended order shall be issued.
(D) The Code Hearing Officer may grant a rehearing petition if good and sufficient reason therefor appears. The rehearing may be limited by the Code Hearings Officer to specific matters. If a rehearing is held, an amended order may be issued.
(E) The Code Hearings Officer, at any time, and upon a showing of due diligence, may set aside, modify, vacate, or stay any final order, or re-open any proceeding for additional hearing when necessary to prevent a clear and manifest injustice to a party or other person adversely affected by such order.
(Ord. 2083, passed 4-26-04)
Review of the final order of a Code Hearings Officer under this chapter by any aggrieved party, including the city, shall be by writ of review to the Circuit Court of Umatilla County, Oregon, as provided in ORS 34.010 through 34.100.
(Ord. 2083, passed 4-26-04)
(A) The Code Hearings Officer may order a party found in violation of the code of the city or any applicable rule or regulation issued thereunder to comply with the provisions of the code or the applicable rule or regulation within such time as the Code Hearings Officer may by order allow. The order may require such party to do any and all of the following:
(1) Make any and all necessary repairs, modifications, and/or improvements to the structure, real property, or equipment involved;
(2) Abate or remove any nuisance;
(3) Change the use of the building, structure, or real property involved;
(4) Install any equipment necessary to achieve compliance;
(5) Pay to the city a civil penalty of up to $1,000 per day or such greater amount as may be authorized by this code or any resolutions adopted thereunder.
(6) Undertake any other action reasonably necessary to correct the violation or mitigate the effects thereof.
(B) In the event any party fails to comply with any provision of an order of the Code Hearings Officer, except a provision requiring the payment of a civil penalty only, the Code Hearings Officer may authorize the city to undertake such actions as the Code Hearings Officer may determine are reasonably necessary to correct the violation and/or eliminate or mitigate the effects thereof. The city’s reasonable costs of such actions may be made a lien against the affected real property pursuant to § 136.24.
(C) Where the Code Hearings Officer finds that there is a violation of any of the provisions of Chapters 134 or135, the Code Hearings Officer, in addition to the powers set out in divisions (A) and (B) above, may:
(1) Authorize the Code Enforcement Officer to act pursuant to §§ 135.050 to 135.053;
(2) Provided notice has been given to tenants, residents, and lessees as required by § 136.12(D), order a building or structure vacated or demolished when it reasonably appears that such measures are reasonably required to protect the health, safety, or property of the general public, the residents of the structure, or that of adjacent landowners and residents. Where vacation or demolition is ordered, the Code Hearings Officer may direct that the person found in violation of the code undertake any and all interim measures as may be necessary;
(3) Act as the Building Code Board of Appeals in a case already before him and which requires interpretation of Chapter 135;
(4) Require the party found in violation of this code to prepare a cost estimate of the repairs made necessary to achieve compliance with the code and the impact of these repairs will have on the cost of doing business and, if applicable, future rent levels. In assessing the cost estimate under this section the Code Hearings Officer may require the person found in violation to contact public and private agencies, institutions, and other sources of property improvement funds to determine the availability of funds needed for repairs.
(Ord. 2083, passed 4-26-04)
(A) Costs incurred by the city for any actions authorized by the Code Hearings Officer pursuant to § 136.23(B) and (C) and any civil penalty imposed as a result of an order of the Code Hearings Officer shall be an assessment lien upon the property subject to the order.
(B) If a residential structure is ordered vacated pursuant to §§ 136.23(C)(2) or 135.076 and the city relocates the tenants of such property, then the cost incurred by the city for relocating the tenants as provided by ORS 90.450 shall be an assessment lien upon the property vacated and from which the tenants are relocated.
(C) The city shall furnish a statement of such costs on the owner, in person or by United States Mail, postage prepaid and addressed to the owner at the owner residence or place of business, and shall file a copy of such statement for the Code Hearings Officer with proof of service attached. If no objection to such statement is filed with the office of the Code Hearings Officer within 15 days from the date of service or mailing, the Code Hearings Officer shall certify such statement and forward the same to the City Recorder/Finance Officer who shall forthwith enter the same in the city lien docket.
(1) If an objection to the statement is received within the 15-day period, the Code Hearings Officer shall schedule and hold an appeal hearing pursuant to §§ 136.32 to 136.35. After the hearing, the Code Hearing Officer shall certify such statement, or so much of it as he determines is correct and proper, and forward it to the City Recorder/Finance Officer who shall enter it into the city lien docket.
(2) The Code Hearings Officer shall certify to the City Recorder/Finance Officer the amount of any civil penalty imposed under any order of the Code Hearings Officer, and the City Recorder/Finance Officer shall enter it into the city lien docket. The lien imposed for the civil penalty shall be in addition to any lien imposed for costs actually incurred by the city.
(3) The city may file separate statements for the costs and services furnished as each is incurred or provided.
(4) Liens imposed pursuant to this chapter shall be collected in all respects as provided by law.
(D) In addition to the lien imposed under this section, any person found to be in violation of the code shall be personally liable for costs incurred by the city pursuant to § 136.23(B) and (C) and for any civil penalty imposed by order of the Code Hearings Officer. In cases of person found to be in violation of the code as owners of property, the persons shall be personally liable hereunder only if they have control of the property, the legal authority to correct the violation, and knowingly have committed the violation.
(Ord. 2083, passed 4-26-04)
For the purpose of this chapter, the following definition will apply unless the context clearly indicates a different meaning:
(Ord. 2083, passed 4-26-04)
(A) Whenever, pursuant to any portion of this code, a person has the right of appeal to the Code Hearings Officer from any city decision or determination, such appeal shall be in accordance with the procedures and under the conditions set forth in this chapter.
(B) No person shall have a right of appeal to the Code Hearings Officer unless the right of appeal is expressly provided for in this code.
(Ord. 2083, passed 4-26-04)
(A) Unless otherwise specified in this code, a request for an appeal hearing shall be filed within ten days after the date of the decision or determination. The Code Hearings Officer may waive this requirement for good cause shown.
(B) The request for an appeal hearing shall be in writing and shall contain either a copy of, or a full and complete description of, the decision or determination appealed from and a statement of grounds upon which it is contended that the decision or determination is invalid, unauthorized, or otherwise improper, together with such other information as the Code Hearings Officer may by rule require. The Code Hearings Officer may specify and provide hearing request forms to be used by persons requesting hearings.
(Ord. 2083, passed 4-26-04)
(A) Upon receipt of a request for hearing, the Code Hearings Officer shall schedule and hold an appeal hearing within 30 days after the receipt of such request.
(B) Notice of the time, date, and place of hearing shall be given to the person requesting the hearing and to the city whose decision or determination is being appealed. Notice shall also be given to any person who reasonably appears may be adversely affected should the decision or determination not be sustained after hearing. The Code Hearings Officer may provide by rule for the manner of providing notice to such persons.
(C) The time for hearing may be extended by the Code Hearings Officer for good cause shown, upon such terms and conditions as the Code Hearings Officer shall deem just and appropriate.
(Ord. 2083, passed 4-26-04)
(A) Hearings shall be conducted in accordance with the procedures set forth in §§ 136.13 through 136.21.
(B) With the consent of all parties, the Code Hearings Officer may determine the matter without hearing upon the record.
(C) The Code Hearings Officer may sustain, modify, reverse, or annul the decision or determination appealed from or the Code Hearings Officer may remand the decision or determination to the city for such reconsideration, additional consideration, or further action as the Code Hearings Officer may direct.
(D) The decision or determination appealed from shall be reviewed de novo by the Code Hearings Officer.
(Ord. 2083, passed 4-26-04)
The determination of the Code Hearings Officer is a quasi-judicial decision and is not appealable to Council; appeals from any determination by the Code Hearings Officer shall be by writ of review to the Circuit Court of Umatilla County, Oregon, as provided in ORS 34.010 through 34.100.
(Ord. 2083, passed 4-26-04)