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HomeMy WebLinkAboutOrdinance 5762 11/07/1994 . . . ~, . . ORDINANCE NO. 5762 (GENERAL) AN ORDINANCE AMENDING SECTION 5-1-1 "NUISANCES", ARTICLE 1 "NUISANCES IN GENERAL" OF CHAPTER V "OFFENSES" OF THE SPRINGFIELD CODE PERTAINING TO NUISANCES AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD, OREGON DOES ORDAIN AS FOLLOWS: Section 1. Section 5-1-1, Article 1 "Nuisances in Genera1" of Chapter V "Offenses" is hereby amended as follows: "5-1-1 Nuisances. For the purposes of section 5-1-1 through 5-1-7 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 (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) 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 or prosecuted as an offense as provided in this code: (a) Dead Oraanic Matter and Debris. The deposition 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 with the city; any accumulation of decomposed animal or vegetable matter, garbage, rubbish, manure, offal, ashes, discarded 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. (b) Attractive Nuisances. No owner or person in charge of property shall permit thereon: (1) Unguarded machinery, equipment, including substandard manufactured dwellings and R.V.'s, automobiles and motorcycles or other devices which are attractive, dangerous, and accessible to children or trespassers. (2) Lumber, logs, or pilings placed or stored in a manner so as to be attractive, dangerous, and accessible to children. Ordinance No. 5762 ...._ Pilge Two . . . (3) Any open pit, quarry, cistern, open basement, or other excavation without safeguards or barriers to prevent such places from being used by children. (4) 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. (5) An exposed foundation or portion of foundation, debris or other building or structural remains, for more than thirty days after the destruction, demotion or removal of any building or portion of the building. (6) 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. ( c ) Fences. (1) 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. (2) Fences which present an unsightly appearance from public property or from adjacent private property. Fences made of pallets, cloth, tarps, or sheets of plastic, or materials of an unsightly natur,e are prohibited.. (d) Used Materials. Waste, debris or discarded items, used building'suppl'ies.,. 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. 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. (e) Conditions Attractinq Rodents. Conditions upon a property or any premises which allow, attract or are likely to attract, feed or harbor rats or mice. (f) Odors. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition. (g) Privies, etc. A privy, vault, cesspool, septic tank or drain which emits a noxious and offensive smell, or which is prejudicial to public health. (n) Staqnant Water. An accumulation ,of stagnant.or impure. water which affords or might afford a breeding place for mosquitoes or other insects. (i) Combustible Materials. Any combustible materials as defined and declared hazardous in the fire prevention code. (j) Stored Vehicle. It is unlawful to park, store, leave or permit the parking or storing of any licensed or unlicensed motor vehicle or destruction derby vehicles or race cars of any kind, which is in a rusted, wrecked, partially dismantled, inoperative or abandoned condition, whether attended or not, upon any public or private property within the City, unless completely enclosed 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 . . . t-t,-..a: Ordinance No. 5762 ._~~g.~ Three 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 storage of a licensed, operable, legally parked, recreational vehicle. (1) 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. (k) Prohibited Parkinq. 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. (1) 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 2. 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 by a vote of favor and ~ against this ~ day of Novem ", 19 6 in ~w~~ City Recorde~ nr::ViEW~D :.;~ t\2?riOV::") tIS ,To' FORM \ L - 0o~~o\.....J e ~ ~ ""'..:.~. -- - -'-- -~--= IJP.TE: .ocr _5-'_, q ~L~. OFFICE Or- errv ATTORNl':Y CITV Or: ~r~:m,jG;;!C:LD