HomeMy WebLinkAboutOrdinance 5833 07/01/1996
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ORDINANCE NO.
5833
AMENDING SPRINGFIELD CODE CHAPTER V, OFFENSES, ARTICLE 1,
NUISANCES IN GENERAL, AND DECLARING AN EMERGENCY.
NOW THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS
FOLLOWS:
Section 1: Section 5-1-1 of Chapter V, Offenses, Article I,
Nuisance in General, is amended as follows:
"5-1-1 Definitions. For the purposes of sections 5-1-1
through 5-1-10 the following words and phrases shall mean:
(1) "Person in Charge of Property." An agent,
occupant, lessee, tenant, contract purchaser, or other
person having possession or control of property or the
supervision of any construction project.
(2) "Person responsible." The person responsible for
abating a nuisance shall include:
(a) the owner of record at the time abatement
proceedings are initiated;
(b) the person in charge of property as defined
above;
(c) the person who caused a nuisance to come into
or continue in existence.
(3) "Public view". The nuisance is visible from
public or private property, including from any upper story.
(4) "Enforcing Officer" is the city Manager and/or
his/her designee.
(5) "Hearings Official" is that person as defined in
Article 2, Section 2.020 of the springfield Development
Code."
Section 2: Section 5-1-2 of Chapter V, Offenses, Article I,
Nuisance in General, is amended as follows:
"5-1-2 Nuisance. No person shall cause or permit a nuisance
on public or private property and the causing or permitting
of the same constitutes an offense under this code. The
following are hereby declared to be nuisances to be abated
and/or cited as a civil infraction as provided in this code:
(1) Dead Organic Matter and Debris. The disposition
of an animal carcass or part thereof, or any excrement or
sewage, or industrial waste, or any putrid, nauseous,
decaying, deleterious, offensive or dangerous substance upon
any premises or in a stream, well, spring, brook, ditch,
pond, river, or other inland waters within the city; any
accumulation of decomposed animal or vegetable matter,
garbage, rubbish, manure, offal, ashes, discarded
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Attractive Nuisances. No owner or person in
property shall permit thereon:
(a) Unguarded machinery, equipment, including
substandard manufactured dwellings and RV's, automobiles and
motorcycles, or other devices which are attractive,
dangerous, and accessible to children or trespassers.
(b) Lumber, logs, or pilings placed or stored in
a manner so as to be attractive, dangerous, and accessible
to children.
(c) Any open pit, quarry, cistern, open basement,
or other excavation without safeguards or barriers to
prevent such places from being used by children.
(d) Any abandoned, unattended or discarded
freezer, refrigerator or other container accessible to
children which has an air-tight door, or lock which may not
be released for opening from the inside. This definition
does not include refrigerators or other containers offered
for sale by commercial establishments provided that the same
are kept within enclosures from which children are excluded
at all times except business hours.
(e) An exposed foundation or portion of
foundation, debris or other building or structural remains,
for more than thirty days after the destruction, demolition
or removal of any building or portion of the building.
(f) An open, vacant structure which is
attractive, dangerous and accessible to children or which is
used for habitation by trespassers. This section shall not
apply to authorized construction projects with reasonable
safeguards to prevent injury or death to inquisitive minors.
(3) Fences. No fence shall be allowed to become or
remain in a condition of disrepair including, but not
limited to noticeable leaning or sagging, missing sections
or substantial amounts of missing slats, broken supports,
and overgrowth of weeds or vines. Fences which present an
unsightly appearance from public property or from adjacent
private property are prohibited. Fences made of pallets,
cloth, tarps, or sheets of plastic, or materials of an
unsightly nature are prohibited.
(4) Used Materials. Waste, debris or discarded items,
used building supplies, tires, cartons, paper, scrap, junk,
used furniture, plumbing or electrical supplies, appliances
and barrels, vehicle engine and body parts, lumber, used
wood, pallets, or materials which are stockpiled for the
purpose of recycling which are visible from public view.
containers, waste, paper, cartons, debris, trash, brush,
tree limbs, hay, grass, straw, weeds, litter, rags, or other
refuse matter or substance, which by itself or in
conjunction with other substances is deleterious to public
health or comfort, or is unsightly, or creates an offensive
odor.
(2)
charge of
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Such stored materials shall be considered visible unless
within a legally permitted building that is wholly or
entirely enclosed except doors for use for ingress and
egress or unless it is in connection with a business
enterprise, lawfully licensed by the City, and properly
operated in the appropriate business zone, pursuant to the
Development Code. Firewood or materials to be used as
firewood must be cut and stacked outside of the front yard
setback within thirty (30) days of delivery.
(5) Conditions Attracting Rodents. Conditions upon a
property or any premises which allow, attract or are likely
to attract, feed or harbor rats or mice.
(6) Odors. Premises which are in such a state or
condition as to cause an offensive odor or which are in an
unsanitary condition.
(7) privies/ etc. A privy, vault, cesspool, septic
tank or drain which emits a noxious and offensive smell, or
which is prejudicial to public health.
(8) Stagnant Water. An accumulation of stagnant or
impure water which affords or might afford a breeding place
for mosquitos or other insects.
(9) Combustible Materials. Any combustible materials
as defined and declared hazardous in the fire prevention
code.
(10) Stored Vehicle. It is unlawful to park, store,
leave or permit the parking or storing of any licensed or
unlicensed motor vehicle which is in a rusted, wrecked,
partially dismantled, inoperative or abandoned condition,
whether attended or not, or any destruction derby vehicles
or race cars of any kind, upon any public or private
property within the City, unless completely enclosed within
a legally permitted building that is wholly or entirely
enclosed except for doors for use for ingress and egress or
unless it is in connection with a business enterprise,
lawfully licensed by the City, and properly operated in the
appropriate business zone, pursuant to the zoning laws of
the City. Nothing herein shall prohibit the storage of one
(1) vehicle not in violation of other provisions of this
Code, where the same is screened from public view within a
legally permitted building or behind a six foot (6') solid
fence. Nothing herein shall prohibit the parking or storing
of a licensed, operable, legally parked, recreational
vehicle.
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(11) Prohibited Parking. with the exception of an
approved driveway or parking lot, no vehicles (including but
not limited to motor homes, busses, recreational vehicles,
boats and utility trailers) shall be parked between the
street and the primary building.
(12) Other. Any other thing, substance, condition or
activity prohibited by state law, this code or ordinances or
which is determined by the council to be injurious or
detrimental to the public health, safety or welfare of the
City."
section 3: section 5-1-3 of Chapter V, Offenses, Article I,
Nuisance in General, is amended as follows:
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"5-1-3 Automobile Wrecking/Storage Yards. The springfield
Development Code prohibits automobile wrecking or storage
yards in all zones excepting the heavy industrial zoning
district and where a Discretionary Use approval has been
granted. It shall be unlawful for any person, firm or
corporation not being duly licensed by the state of Oregon,
to engage in the business of wrecking, dismantling,
permanently disassembling or substantially altering the form
of any motor vehicle within the City of springfield. It
shall be unlawful for any person, firm or corporation to
dismantle or wreck, in whole or in part, any motor vehicle
with the intention of allowing such dismantled motor vehicle
body, or portions thereof, to remain upon any public or
private property, and leaving of such dismantled motor
vehicle body upon any public or private property within the
City. This section shall not apply to: licensed motor
vehicle wreckers who are not otherwise in violation of this
ordinance or the Development Code; or motor vehicle bodies
which are stored or kept in a garage so that such bodies
cannot collect water, cannot be accessible to children and
cannot otherwise become a public nuisance."
section 4: Section 5-1-4 of Chapter V, Offenses, Article I,
Nuisance in General, is amended as follows:
"5-1-4 Abatement Procedures--Notice.
(1) When the City Manager or the City Manager's
designee is satisfied that a nuisance exists, (s)he shall
cause a notice to be posted on the premises or at the site
of the nuisance directing a person responsible to abate the
nuisance. A person responsible is that person or persons as
defined in 5-1-8(2).
(2) At the time of the posting, the enforcing officer
shall cause a copy of the notice to be personally served on
the owner and on any person responsible or to be forwarded
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by registered or certified mail, postage prepaid, to any
person responsible at the person's last known address.
(3) The notice to abate shall contain:
(a) A description of the real property, by street
address or otherwise, on which the nuisance exists;
(b) A direction to abate the nuisance within ten
(10) days from the date of the notice;
(c) A description of the nuisance;
(d) A statement that unless the nuisance is
removed, the city may abate the nuisance and the cost of
abatement shall be charged to the person responsible and
assessed against the property;
(e) A statement that failure to abate a nuisance
may result in a civil court suit to enforce City codes and
ordinances;
(f) A statement that the person responsible may
appeal the order to abate by giving notice to the enforcing
officer within ten (10) days from the date of the notice and
the form for appeal.
(4) Upon completion of the posting and serving or
mailing, the enforcing officer shall execute and file
certificates stating the date and place of the posting and
serving or mailing respectively.
(5) An error in the name or address of the person
responsible shall not make the notice void and in such case,
the notice shall be sufficient."
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section 5: section 5-1-5 of Chapter V, Offenses, Article I,
Nuisance in General, is amended as follows:
"5-1-5 Abatement Procedures--By a Person Responsible.
(1) within ten (10) days after the posting and serving
or mailing of the notice required by section 5-1-3, a person
responsible shall remove the nuisance or show that no
nuisance exists.
(2) A person responsible, protesting that no nuisance
exists, shall file with the enforcing officer a written
statement specifying the basis for protesting.
(3) Proof of vehicle insurance and current vehicle
registration is evidence that a vehicle is not a nuisance as
defined by section 5-1-2(10).
(4) The statement shall be referred to the hearings
official. The appellant shall be given at least seven (7)
days prior written notice of the time set to consider the
abatement. The hearings official shall take oral or written
testimony at the time and place specified in the notice of
the hearing. The hearings official shall prepare written
findings of fact and conclusions of law when determining
whether a nuisance exists. The hearings official's
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determination shall be final.
(5) If the hearings official determines that a
nuisance exists, a person responsible shall, within ten (10)
days after the hearings official's determination, or within
a time set by the hearings official, abate the nuisance."
section 6: section 5-1-6 of Chapter V, Offenses, Article I,
Nuisance in General, is amended as follows:
"5-1-6 Abatement Procedures--By the City.
(1) If within the time allowed by section 5-1-5, the
nuisance has not been abated by a person responsible, the
City Manager, or the City Manager's designee, may cause the
nuisance to be abated.
(2) The officer charged with abatement or the
nuisance, or contractors acting under the direction of the
officer, shall have the right at reasonable times to enter
into or upon property in accordance with law to investigate
or cause the removal of a nuisance.
(3) The finance officer shall keep an accurate record
of the expense incurred by the city in physically abating
the nuisance and shall include therein a reasonable charge
equal to ten percent (10%) of the total cost of physically
abating the nuisance for administrative overhead."
section 7: Section 5-1-7 of Chapter V, Offenses, Article I,
Nuisance in General, is amended as follows:
"5-1-7 Abatement Procedures--Joint Responsibility.
If more than one person is responsible, they shall be
jointly and severally liable for abating the nuisance or for
the costs incurred by the City in abating the nuisance."
section 8: Section 5-1-8 of Chapter V, Offenses, Article I,
Nuisance in General, is amended as follows:
"5-1-8 Abatement Procedures--Assessment of Costs.
(1) The finance officer, by registered or certified
mail, postage prepaid, shall forward to the owner a notice
stating:
(a) The total cost of abatement, including the
administrative overhead;
(b) That the cost as indicated will be assessed
to and become a lien against the property unless paid within
thirty (30) days from the date of the notice;
(c) That if the person responsible objects to the
cost of the abatement as indicated, he or she may file a
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written notice of objection with the finance officer not
more than ten (10) days from the date of the notice.
(2) The person responsible's objection to the costs of
abatement shall be heard by a hearings official. The
objector shall be given at least seven (7) days prior
written notice of the time set to consider his or her
objections. At any hearing held regarding an objection to
the costs of the abatement, the hearing official shall not
consider protests that no nuisance exists as set forth in
section 5-1-5(2). The hearings official shall take oral or
written testimony at the time and place specified in the
notice. The hearings official shall determine the abatement
costs to be assessed and shall communicate the decision in
writing to the objector, which writing shall also state that
if the costs of abatement are not paid within thirty (30)
days from the date of the decision, the costs shall be
entered in the docket of City liens, and upon such entry
shall constitute a lien upon the property from which the
nuisance was removed or abated.
(3) If no objection is filed or if the costs of the
abatement are not paid within thirty (30) days from the date
of the notice, an assessment of the costs as stated shall be
made by the finance officer and shall thereupon be entered
in the docket of City liens, and recorded in the Lane County
Deeds and Records files; and, upon such entry being made and
recordation being made, shall constitute a lien upon the
property from which the nuisance was removed or abated.
(4) An error in the name of a person responsible shall
not void the assessment, nor will a failure to receive the
notice of the proposed assessment render the assessment
void, but it shall remain a valid lien against the
property."
Section 9: Section 5-1-9 of Chapter V, Offenses, Article I,
Nuisance in General, is amended as follows:
"5-1-9 Abatement Procedures--Separate from Penalty.
The requirement to abate a nuisance is not a penalty
for violating this code, but is an additional remedy.
Abatement proceedings and citation of a nuisance as a civil
infraction may occur simultaneously. Abatement by a person
responsible of a nuisance within ten (10) days of the date
of notice to abate is cause to dismiss any civil infraction
citation that may be pending."
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section 10: section 5-1-10 of Chapter V, Offenses, Article' I,
Nuisance in General, is amended as follows:
"5-1-10 Abatement Procedures--Summary Abatement.
(1) The procedure provided by the above sections is
not exclusive but is in addition to procedures provided by
other laws. The City Manager, or the City Manager's
designee, may proceed to summarily abate a nuisance which
unmistakably exists and which imminently endangers human
life, health or property. The cost of such abatement may be
assessed as provided above in section 5-1-8.
(2) The abatement of a nuisance under this section and
the assessing of the costs therefore are not a penalty for
violating this code but are additional remedies."
section 11: It is hereby found and determined by the Common
Council that matters pertaining to the control and elimination of
nuisances are matters affecting the public health, safety, and
welfare, and that an emergency therefore exists, and that this
ordinance shall therefore take effect immediately upon its
passage by the Council and approval by the Mayor.
Adopted. by the Common Council of the City of Springfield,
Oregon, this 1st day of July , 1996, by a vote of
5 for and 0 against.
Approved by the Mayor of the City of Springfield, Oregon
this 1st day of Jul y , 1996.
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