HomeMy WebLinkAboutOrdinance 5762 11/07/1994
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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
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(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
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Ordinance No. 5762
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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
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