HomeMy WebLinkAboutOrdinance 6325 07/21/2014ORDINANCE
No. 6325 (Emergency)
AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTIONS
REGARDING THE ABATEMENT OF CHRONIC DISORDERLY PROPERTIES, SECTIONS
5.700 -5.714 AND SPECIFCIALLY SECTIONS 5.700, 5.704, and 5.710 AND
DECLARING AN EMERGENCY
The City Council of the City of Springfield finds that:
WHEREAS, it is in the public interest for the City of Springfield to clarify the Springfield
Municipal Code Sections regarding Chronic Disorderly Properties;
WHEREAS, it is in the public interest to provide a method for the police department to
address persons who allow criminal activity, to occur on their property to the point it becomes
chronic.
WHEREAS, it is in the public interest to provide a method for the City to hold persons
who allow criminal activity to occur on their property responsible for their actions while
protecting their property rights.
NOW, THEREFORE, based on the foregoing recitals, the Common Council of the City of
Springfield ordains as follows:
Section 1. Section 5.700 "Definitions ", "Chronic Disorderly Property" subsections (1) and (2)
of the Springfield Municipal Code are hereby amended to read:
"(1) Property in a residential neighborhood on which three or more prohibited
activities have occurred during any 60 -day period;
(2) Property in a residential neighborhood on which or within 200 feet of which any
person associated with the property has engaged in three or more prohibited activities during
any 60 -day period."
Section 2. Section 5.700 "Definitions ", "Prohibited Activities" of the Springfield Municipal
Code are hereby amended to add the following sections:
"(18) Frequenting a place where controlled substances are used as provided in ORS
167.222.
(19) . Noise violations in violation of city code section 5.220."
Section 3. Section 5.704 "Procedure" subsection (1) of the Springfield Municipal Code is
hereby amended to read as follows:
"(1) When the chief of police receives two or more police reports documenting the
occurrence of prohibited activity on or within 200 feet of a property in a residential
neighborhood within the city, the chief of police shall independently review the reports to
determine whether they describe prohibited activities enumerated in this code under section
5.700. Upon such a finding the chief of police may:
(a) Notify the person in charge in writing that the property is in danger of
becoming chronic disorderly property. The notice shall contain the following
information:
(i) The street address or legal description sufficient for identification
of the property.
(ii) A statement that the chief of police has information that the
property may be chronic disorderly property, with a concise description of the
prohibited activities that may exist, or that have occurred. The chief of police shall
offer the person in charge an opportunity to propose a course of action that the chief
of police agrees will abate the prohibited activities giving rise to the violation.
(iii) Demand that the person in charge respond to the chief of police
within 10 days to discuss the prohibited activities."
Section 4. Section 5.704 "Procedure" subsection (2) of the Springfield Municipal Code is
hereby amended to read as follows:
"(2) After notification of nuisance activities to the person in charge, when the chief of
police receives a police report documenting the occurrence of a third prohibited activity
at or within 200 feet of a property in a residential neighborhood within a 60 -day period
and determines that the property has become chronic disorderly property, the chief of
police shall:
(a) Notify the person in charge in writing that the property is a chronic
disorderly property. The notice shall contain the following information:
(i) The street address or legal description sufficient for identification
of the property.
(ii) A statement that the chief of police has determined the property
to be chronic disorderly property with a concise description of the prohibited activities
leading to the findings.
(iii) Demand that the person in charge respond within 14 days to the
chief of police and propose a course of action that the chief of police agrees will abate
the prohibited activities giving rise to the violation.
(iv) Service shall be made either personally or by first class mail,
postage prepaid, return receipt requested, addressed to the person in charge at the
address of the property believed to be a chronic disorderly property, or any other
place which is likely to give the person in charge notice of the determination by the
chief of police.
(v) 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, the occupant, at
the address of the property, if these persons are different from the person in charge,
and shall be made either personally or by first class mail, postage prepaid.
(vi) A copy of the notice shall also be posted at the property.
ORDINANCE NO. 6325
(vii) The failure of any person to receive notice that the property may
be a chronic disorderly property shall not invalidate or otherwise affect the
proceedings under sections 5.700 to 5.714.
(b) Chronic disorderly property, as defined by section 5.700, shall be subject
only to the notification requirements of subsection (2) of this section.
(c) If, after the notification, but prior to the commencement of legal
proceedings by the city pursuant to sections 5.700 to 5.714, a person in charge stipulates
to the chief of police that the person in charge will pursue a course of action the parties
agree will abate the prohibited activities giving rise to the violation, the chief of police may
agree to postpone legal proceedings for a period of not less than 10 nor more than 30
days. If the agreed course of action does not result in the abatement of the prohibited
activity or if no agreement concerning abatement is reached with 30 days, the chief of
police may refer the matter to the city attorney to commence a legal proceeding to abate
the nuisance.
(d) Concurrent with the notification procedures set forth in subsections (1)
and (2), the chief of police shall send copies of the notice, as well as any other
documentation which supports legal proceedings against the property, to the city attorney.
Section 5. Section 5.710 "Commencement of Actions- Remedies" of the Springfield Municipal
Code is hereby amended to add the following subsection:
"(5) Nothing in these provisions shall require any conviction for criminal activities
prior to the commencement of any action provided herein."
Section 6. Except as specifically amended herein, Sections 5.700 -5.714 shall continue in full
force and effect.
Section 7. Effective Date of Ordinance. It is hereby found and determined that the matters
relating to the adoption of these changes to the Abatement of Chronic Disorderly Properties
code are matters affecting the public health, safety and welfare and that an emergency
therefore exists, and this Ordinance shall therefore take effect immediately upon its passage by
the Council and approval by the Mayor.
This ordinance is adopted by the City Council of the City of Springfield this 21 day of July,
2014 by a vote of 5 in favor and D against.
Approved by the Mayor of the City of Springfield this 21 day of July, 2014.
ATTEST:
QnoAOWLL
Amy Sowa, Cky Recorder
Christine L. Lundberg, Mayor
REWEVIED & APPROVED
AST OF'
DATE: Zt%
OFFICE CF CITY AT ORNEY
ORDINANCE NO. 6325