HomeMy WebLinkAboutCode Enforcement Correspondence 1975-8-5
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CITY OF SPRINGFIELD
SPRINGFIELD. OREGON 97477
DEPARTMENT OF
PUBLIC WORKS
August 5, 1975
348 MAIN STREET
747-4221
CERTIFIED LETTER
Mr. Richard Johnson
3095 Kincaid Street
Eugene, OR 97405
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SUBJECT:
Notice and Order to Comply with the
City of Springfield Ordinance No. 2940
Dear Mr. Johnson:
In response to complaints, the Building Department inspected the premises
located at 2251 Main Street, Springfield, Oregon, and found conditions to be
in violation of Ordinance No. 2940, Section 1, (3), (a), in that you have
discarded cartons, waste, paper, debris, and trash that ia delterious to
public health and is unsightly.
Therefore, this is your notice that you shall, upon receipt of this letter,
cause this violation to be abated.
A copy of Ordinance No. 2940 is enclosed for your reference. Please direct
all inquiries to the Springfield Building Department at 747-4221.
Respectfully,
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Wendell Bartholomew
Environmental Controller
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Enclosure
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ORDINANCE NO.
291,0
(GENERAL)
AN ORDINANCE CONCERNINC NUISANCES MIENDINC SECTION
5-1-1, 5-1-6 ADDING 1\ NEW SECTlON J)ENOm~J;\TE]) 5-1-7 RE-
PEALING CERTAIN SECTIONS OF TilE SPRINGFIELD CODE AND RE-
NUMBERING CERTAIN SECTION OF TilE SPRINGFIELD CODE 1965.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1. Section 5-1-1 of the Springfield Code
1965 is hereby amended to read as follows:
"5-1-1 NUISANCES. For the purposes of Sections
5-1-1 through 5-1-7 the following words and phrases
shall ;nean:
(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
existance.
(3) No person shall cause or permit a nuisance on public
or private property and the causing or permitting of the same
consti tutes an offence under this code. ThefollO\\'ing are
hereby declared to be nuisanc~s to be abated or prosecuted
as an offe~ce as provided in this code:
(a) Dead Or.ganic ~Iatter and Debris. The deposition
of an animal carcass or part thereat, or any excretment or sew~ge,
or industrial waste, or any putrid, nauseous, decaying, deleter-
ious, offensive or dangerous substance upon any premises 01'
in a stream, well, sprin&brook, ditch, pond, river, or other
inland 'vaters within the city; any accumulation of decompose<.l
animal or vegetable matter, garbage, rubbish, manure, offal,
ashes, discarded containers, waste, paper, debris, trash,
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Ordinance No. 2940
Page 2
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 creat.es an offensive
odor.
(b) Attractive Nuisances. No owner or person
In charge of property shall permit thereon:
(1) Unguarded machinery, equipment, or
other devices which are attractive, dangerous, and access-
ible to children.
(2) Lumber, logs, or pilings placed or
stored in a manner so as to be attractive, dangerous, and
accessible to children.
(3) An 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
ice-box, refrigerator or other container accessible to child-
ren which has an air-tight door, or lock which ma~ not be
released for opening from t.he inside. This definition does not
include ice-boxes, refrigerators or other containers offered
for sale by commercial est.ablishments provided that the same
are kept within enclosures from which children arc excluded
at all times except business hours.
(c) Fences.
(1) A fence In a structurally unsound condition.
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Ordinance No. 29~O
Page 3
(2) Fences which present an wlfinished
or unsightly appearance from public property or from
adjacent private property.
(a) Fences having a finished
and unfinished side shall be so constructed as to present
an equally finished appearance from either side and in the
event they do not comply with this provision shall be con-
sidered prima facie unfinished or unsightly and a nuisance
under the provisions of this sub-section.
(d) Used Materials. Used building supplies,
tires. cartons, paper, scrap. junk, used furniture, plumbing
or electrical supplies and appliances visible from public
property or from private property. Such materials when stored
shall be considered visible unless the same arc covered from
public view by a structure or an enclosure of a permanent
nature affixed to the ground.
(e) Conditions Attracting Rodents. Conditions
upon a prope'cty or any premi.s e s whi ell allow , at tract or
arc likely to attract, feed or harbor rats or mlce.
Odors.
(f) /rremlses which are in such a state or condition
as to cause an offensive odor or "hich are ln an unsanitary
condition.
(g) Privies etc. A privy, vault, cesspool, septic.
tank or drain which emlts a noxious and offensive smell, or
which is prejudicial to public health.
(h) Stagnant Water.
or impure water WhlCh attords or
for mosquitos or other insects.
An accumulation of stagnant
might afford a breeding place
(i) Combustible jllaterials. Anv combustible
materials as defined and declare,! Ilaz:nc!olls i,n the Fire prevention
code as contained in this code, Section 7-6-1 et seq.
(j) Stored Vehicles. Any lnoperable or dal!wged, stored
vehicles , I"hether licensed or unlicensed, im:l uding any vchi c I.es
partially or I"holly dismantled, or any part or parts thcrcoC,
exposed to public viel' from either public property or adj:ll:ent.
privat.e propert)' for a period of more th:ln 20 days, provided that
the sallie may be kept upon premise (s) for periods of not to c.:\ccl'd
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Ordinance No. 2940
Page 4
30 days upon a special vehicle storage permit being obtained
from the Department of Public l'lorks. Such permit m;]y be
extended for one additional 30 day period. No more than one
permit shall be granted for a premise(s) per year. Not more
than one vehicle shall he allowed by such a permit.
(1) Nothing herein shall prohibi t the
storage of any such vehicles not in violation of other
provisions of this code, where the same are covered from
public view by a structure or enclosure of a permanent
nature affixed to the ground.
(k) Other Nuisances.
declared to be a nUlsance by thlS
Any other condition
code.'!
Section 5-1-6 of the Springfield Code 1965 lS hereby
amended to read as follows:
"5-1-6 PUBLIC NUISANCES - ABATHIENT - ALTERNATIVES.
The procedure provided by this article is not exclusive, but
is in addition to any other procedure provided by this code
or other laKS. Furthermore, the city manager or other officer
delegated responsibilities therefore may proceed sWDmarily
to abate a health or other nuisance which unmistakenlv exists,
and from which there is imminent danger to human life' or
property."
Section 2. There is hereby added to the Springfield Code
1965 a new section entitled 5-1-7 to read as follows:
"5 -1- 7 ABATDIENT PROCEDURES - SEPARATE FRO~I PENALTI ES.
The requirements to abate a nuisance is not a penalty for
violating this code hilt is an additional remedy. The imposi-
tion of a penalty does not relieve a person of the duty to
abate tire nuisance; hOKever, abatement by a person responsible
for a nuisance within 10 days of the date of notice to abate,
or if a written protest has been filed then abatement Kithin
10 days of the council's determination that a nuisance exists,
will excuse the person responsible from prosecution for an
offence under this code."
Section 3. Sections 5-2-1,5-2-2,5-2-5,5-2-6,5-14-6
and 7-1-5 be and the samc arc hereby repcah'(l.
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Ordinance Nu. 2940
Page 5
Section 4. Section 5-2-3 is hereby renumbered anu
uenominated Section 5-2-1; Section 5-2-4 is hereby renumbered and
denominated as Section 5-2-2; Section 5-2-7 is hereby renumbered
and denominated to be Section 5-2-3.
first reading given November 19, 1973.
Adopted by the Council this 17th day of
1973 by a vote of -5- for and -1- against.
December
Approved by the ~layor th is 1'1 JJ:.clay 0 f i}-.
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, 1973.
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CITY OF SPR,INGFIELD
FOURTH AND NORTH "A" STREETS
SPRINGFIELD, OREGON 97477
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<is' . SENDER, Compl", ;tem, 1 .nd 2,
.., Add your address in the "RETURN TO" space on
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w I. The following service is requested (check one),
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:0 0 DELIVER ONLY TO ADDRESSEE and
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o DELIVER ONLY TO ADDRESSEE and
show to whom, date, and address of
delivery hn.'h...n"'.....n.'._.".'____"....h__'. 85(
2. ARTICLE ADDRESSED To;
~ Mr. Richard Johnson
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i 3095 Kincaid Street
~ Eugene, OR 97405
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3. ARTICLE DESCRIPTION:
REGISTERED NO."/ CERTIFIED NO.
100934
IN.SURED NO,
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en (Alwa:,~ ~~hln signature of addressee or agent)
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