Ordinance #353

ORDINANCE NO. 353

AN ORDINANCE DEFINING NUISANCES; PROVIDING FOR THEIR ABATEMENT; AND PRESCRIBING PENALTIES AND REPEALING ORDINANCE NO. 218.

The City of Yamhill ordains as follows:

Definitions

Section 1. DEFINITIONS. As used in this ordinance the singular includes the plural and the masculine includes the feminine; and except where the context indicates otherwise, the following shall mean:

(1) Person in Charge. Any owner, agent, lessee, contract purchaser, or other person having the possession or control of property and/or violating this ordinance.

(2) City. The City of Yamhill.

(3) Council. The governing body of the City.

(4) Person. Every natural person, firm, partnership, association, or corporation.

(5) Public place. Any building, place, or accommodations, whether publicly or privately owned, open and available to the public.

Animals

Section 2. ANIMALS DAMAGING PROPERTY.

(1) No Person shall permit any dog owned or controlled by him to cause damage or injury to gardens, flower beds, and other property belonging to another person.

(2) No Person shall permit any cow, horse, or other animal to run at large.

(3) Any nuisance as described in this Section may be classified as an imminent threat to the public health, safety or property of the citizens of Yamhill by the Chief of Police, and if such imminent threat is allowed to continue by the Person or Person in Charge for a period of more than two (2) hours after citation by the Police Department for violation of this Section, the Person or Person in Charge shall be subject to the Abatement Procedure provided in Sections 24 to 26 of this ordinance.

Section 3. GOATS AND SWINE.

(1) No Person shall have or keep goats or swine within the City, except that this section shall not apply to goats or swine being transported for commercial purposes.

(2) Any nuisance as described in this Section may be classified as an imminent threat to the public health, safety or property of the citizens of Yamhill by the Chief of Police, and if such imminent threat is allowed to continue by the Person or Person in Charge for a period of more than two (2) hours after citation by the Police Department for violation of this Section, the Person or Person in Charge shall be subject to the Abatement Procedure provided in Sections 24 to 26 of this ordinance.

Section 4. FOWLS.

(1) No Person shall permit any fowls owned or controlled by him to run at large in the City.

Section 5. BEES.

(1) No Person shall keep a hive or stand of bees in the City at a location within 150 feet of any street, alley, storehouse, establishment, public building, private dwelling or barn; provided, that this provision shall not apply to the dwelling, barn, or other buildings of the Person owning such bees.

(2) Any nuisance as described in this Section may be classified as an imminent threat to the public health, safety or property of the citizens of Yamhill by the Chief of Police, and if such imminent threat is allowed to continue by the Person or Person in Charge for a period of more than two (2) hours after citation by the Police Department for violation of this Section the Person or Person in charge shall be subject to the Abatement Procedure provided in Sections 24 to 26 of this Ordinance.

Section 6. REMOVAL OF ANIMAL CARCASSES.

(1) No Person shall permit any animal carcass owned by him or under his control to remain upon the public streets or places or exposed on private property for a period of time longer than is reasonably necessary to remove and dispose of such carcass.

(2) Any nuisance as described in this Section may be classified as an imminent threat to the public health, safety or property of the citizens of Yamhill by the Chief of Police, and if such imminent threat is allowed to continue by the Person or Person in Charge for a period of more than two (2) hours after citation by the Police Department for violation of this Action, the Person or Person in Charge shall be subject to the Abatement Procedure provided in Sections 24 to 26 of this ordinance.

Nuisances Affecting the Public Health

Section 7. NUISANCES AFFECTING THE PUBLIC HEALTH.

(1) Privies. Any open vault of privy maintained within the City, except those privies used in connection with construction projects and constructed in accordance with the Oregon State Board of Health regulations.

(2) Debris on private property. All accumulations of debris, rubbish, manure and other refuse located on privately owned real property or sidewalks abutting thereon, and which has not been removed within a reasonable time and which affect the health, safety or welfare of the City.

(3) Stagnant water. Any pool of water. which is without a proper inlet or outlet and which, if not controlled will be a breeding place for mosquitoes and other similar insect pests.

(4) Water pollution. The pollution of any body of water or stream or river by sewage, industrial wastes or other substances placed in or near such water in a manner that will cause harmful material to pollute the water.

(5) Food. All decayed or unwholesome food which is offered for human consumption.

(6) Odor. Any premises which are in such state or condition as to cause a noisome or offensive odor or which are in an unsanitary condition.

(7) Any nuisance as described in this Section may be abated as provided in Sections 20 to 23 of this ordinance.

Nuisances Affecting the Public Safety

Section 8. ABANDONED ICEBOXES.

(1) No Person shall leave in any place accessible to children any abandoned, unattended or discarded icebox, refrigerator or similar container which has an airtight door with a snap lock or lock or other mechanism which may not be released for opening from the inside without first removing such snap lock or door from such icebox, refrigerator or similar container.

(2) Any nuisance as described in this Section may be abated as provided in Sections 20 to 23 of this ordinance.

Section 9. ATTRACTIVE NUISANCES.

(1) No Person or Person in Charge of any premises shall permit:

(a) Any machinery, equipment or other devices on such premises which are attractive and dangerous to children and which are accessible to children.

(b) Any excavation to remain open for an unreasonable length of time without erecting proper safeguards or barriers to prevent such excavation from being used by children.

(2) The provisions of this section shall not apply to authorized construction projects provided that during the course of construction reasonable safeguards are maintained to prevent injury or death to playing children.

(3) Any nuisance as described in this section may be abated as provided in Sections 20 to 23 of this ordinance.

Section 10. SNOW AND ICE REMOVAL.

(1) No Person or Person in Charge or any premises, improved or unimproved, abutting upon any sidewalk shall permit:

(a) Any snow to remain on the sidewalk for a period longer than the first five hours of daylight after the snow has fallen.

(b) Any sidewalk to be covered with ice. It shall be the duty of any Person or Person in Charge to remove any ice accumulating on the sidewalk or to properly cover it with sand, ashes or other suitable material to assure safe travel within the first five hours of daylight after the ice has formed.

Section 11. SCATTERING RUBBISH.

(1) No Person shall throw, dump or deposit upon any street, alley or other public place, any injurious or offensive substance or any sort of rubbish, trash, debris or refuse, or any substance which would mar the appearance, create a stench or detract from the cleanliness or safety of such public place, or would be likely to injure any animal, vehicle or person traveling upon such public way.

Section 12. SIFTING OR LEAKING LOADS.

(1) No Person shall drive or move a vehicle on any street unless it is so constructed or loaded as to prevent its content from dropping, sifting, leaking or otherwise escaping therefrom.

(2) It shall be the duty of any person driving a vehicle from which the contents have escaped to remove any escaped substance or material from the street.

Section 13. FENCES.

(1) No Person shall construct or maintain any barbed-wire fence or allow barbed wire to remain as part of any fence, unless such wire is placed not less than six inches above the top of a board of picket fence which is not less than six feet high.

(2) No Person shall install, maintain or operate a wire fence charged with electrical current within the city.

(3) Any nuisance as described in this Section may be abated as provided in Sections 20 to 23 of this ordinance.

Section 14. SURFACE WATERS, DRAINAGE.

(1) No Person or Person in Charge of any building or structure shall suffer or permit rain water, ice, or snow to fall from any such sidewalk; and every such Person or Person in Charge shall at all times keep and maintain in a proper state of repair adequate drainpipes or a drainage system so that any overflow water accumulating on the roof or about such building will not be carried across or upon any sidewalk.

Section 15. SIDEWALKS.

(1) No Person or Person in Charge of any premises, improved or unimproved, abutting upon any sidewalk, shall permit the sidewalk to fall into a stage of disrepair, which in the opinion of the City Council, or their designated representative shall constitute a threat to the Public Health and Safety.

(2) Every Person or Person in Charge shall at all times keep and maintain in a proper state all sidewalks on, abutting upon or adjacent to their property.

(3) The Person in Charge of land abutting upon or adjoining any sidewalk in the City shall be the owner of the sidewalk, and shall be liable to any person suffering injury by reason of any negligence of such Owner to keep and maintain in good repair the said sidewalk.

(4) The improper keeping or maintenance of a sidewalk is

declare to be a nuisance and may be abated as provided in Sections 20 to 23 of this Ordinance.

Nuisances Affecting the Public Peace

Section 16. UNNECESSARY NOISE.

(1) No Person shall make, assist in making, or permit any loud, disturbing or unnecessary noise which either annoys, disturbs, injures or endangers the comfort, repose, health, safety or peace of others.

(2) The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section but the enumeration shall not be construed to be exclusive:

(a) The keeping of any bird or animal which causing frequent or long-continued noise shall disturb the comfort and repose of any person in the vicinity.

(b) The attaching of any bell to any animal or allowing a bell to remain on any animal which is disturbing to any person in the immediate vicinity.

(c) The use of any vehicle or engine, either stationary or moving, so operated as to create any loud or unnecessary grating,grinding, rattling or other noise.

(d) The sounding of any horn or signaling device on any vehicle on any street, public or private place, except as a necessary warning of danger.

(e) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of danger, or upon request of proper city authorities.

(f) The use of any mechanical device operated by compressed air, steam or otherwise, unless the noise thereby created is effectively muffled.

(g) The erection, including excavation, demolition, alteration, or repair of any building in residential districts, other than between the hours of 7:00 a.m. and 6:00 p.m. except upon special permit granted by the common council.

(h) The use of any gong or siren upon any vehicle, other than police, fire or other emergency vehicle.

(i) The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court of justice while the same are in use, or adjacent to any hospital or institution for the care of the sick or inform, which unreasonably interferes with the operation of such institution, or which disturbs or unduly annoys patients.

(j) The discharge in the open air of the exhaust of any steam engine, internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises and emission of annoying smoke.

(k) The use or operation of any automatic or electric piano, phonograph, radio, television, loudspeaker of any instrument for sound producing or any sound-amplifying device so loudly as renders the use thereof a nuisance; provided, however, that upon application to the common council, permits may be granted to responsible person or organizations to broadcast programs of music, news, speeches, or general entertainment.

(1) The making of any noise by crying, calling or shouting, or by any means of any whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument or other device for the purpose of advertising goods, wares or merchandise or of attracting attention or of inviting patronage of any person to any business whatsoever; provided that newsboys may sell newspapers and magazines by public outcry, and persons having a valid permit to do so under the ordinances of the city may vend merchandise in the streets by public outcry.

(m) The conducting, operating or maintaining of any garage within 100 feet of any private residence, apartment, rooming house or hotel in such manner as to cause load or offensive noises to be emitted therefrom between the hours of 11:00 p.m. and 7:00 a.m. (3) Any nuisance as described in this Section may be abated as provided in Sections 20 to 23 of this ordinance.

(4) Certain nuisances as described in this Section may be classified as an imminent threat to the public health, safety, or property of the citizens of Yamhill by the Chief of Police, and if such imminent threat is allowed to continue by the Person or Person in Charge for a period of more than two (2) hours after citation by the Police Department for violation of this Section, the Person or Person in Charge shall be subject to the Abatement Procedure provided in Sections 24 to 26 of this ordinance.

Section 17. FIREWORKS; ADOPTION OF STATE FIREWORKS LAW.

The following enumerated sections of the Oregon Fireworks Law, together with all acts and amendments applicable to cities which are now or hereafter enacted, are hereby adopted by reference and made a part of this ordinance:

ORS 480.110 ORS 480.140(1)

ORS 480.120 ORS 480.150

ORS 480.130 ORS 480.170

Section 18. NOTICES AND ADVERTISEMENTS.

(1) No Person shall either as principal or agent affix or cause to be distributed any placard, bill, advertisement or poster upon any real or personal property, public or private, without first securing permission from the property owner and proper public authority. This section shall not be construed as an amendment to or an repeal of any regulation now or hereafter adopted by the city regulating the use of and the location of signs and advertising.

(2) No Person shall either as principal, agent or employee scatter, distribute or cause to be distributed on the streets, sidewalks, or other public places or upon any private property any placards or advertisements whatsoever.

(3) Any nuisance as described in this Section may be abated as provided in Sections 20 to 23 of this ordinance.

Section 19. GENERAL NUISANCE.

1) In addition to those nuisances specifically enumerated within this ordinance, every other thing, substance or act which is determined by the common council to be injurious or detrimental to the public health, safety or welfare of the city is hereby declared to be a nuisance and may be abated as provided in Sections 20 to 23 of this ordinance.

(2) In addition to those nuisances specifically enumerated within this ordinance, every other thing, substance or act which is determined by the Chief of Police to be of imminent injurious, imminent threat, or of imminent detriment to the public health, safety or property of the citizens of Yamhill, and if such injurious, threat, or detriment is allowed to continue by the Person or Person in Charge for a period of more than two (2) hours after citation by the Police Department, such is hereby declared to be a nuisance and may be abated as provided in Sections 24 to 26 of this ordinance.

Abatement Procedure

Section 20. ABATEMENT NOTICE.

(1) Upon determination by the common council that a nuisance as defined in this or any other ordinance of the city exists, the common council shall forthwith cause a notice to be posted on the premises liable for the abatement directing the removal of such nuisance. Council shall enter a determination of nuisance upon the official minutes of the council.

(2) At the time of posting, the city recorder shall cause a copy of such notice to be forwarded by registered or certified mail, postage prepaid, to the Person and/or the Person in Charge at the last known address of such Person or Person in Charge.

(3) The notice to abate shall contain:

(a) A description of the real property, by street address or otherwise, on which such nuisance exists.

(b) A direction to remove the nuisance within 10 days from the date of the notice.

(d) A statement that unless such nuisance is removed the city will remove the nuisance and the cost of removal shall be a lien against the property.

(e) A statement that the Person or Person in Charge may protest the action by giving notice to the city recorder within 10 days from the date of the notice.

(4) The person posting and mailing the notice as provided herein shall, upon completion of the posting and mailing, execute and file a certificate stating the date and place of such mailing and posting.

(5) An error in the name or address of the Person or Person in Charge or the use of a name other than that of such Person shall not make the notice void, and in such a case, the posted notice shall be deemed sufficient.

Section 21. ABATEMENT BY THE OWNER.

(1) Within 10 days after the posting and mailing of the notice as provided in Section 20, the Person or Person in Charge shall remove and abate the nuisance or protest that no nuisance exists.

(2) The Person or Person in Charge protesting that no nuisance in fact exists shall file with the city recorder a written statement which shall specify the basis for contending that no nuisance exists.

(3) The statement shall be referred to the council as a part of the council's regular agenda at its next succeeding meeting. At the time set for the consideration of the abatement, such Person or Person in Charge may appear and be heard by the council and the council shall thereupon confirm based upon the evidence presented whether a nuisance in fact exists and such reconfirmation shall be entered in the official minutes of the council.

(4) Upon council reconfirmation that a nuisance does in fact exist, the Person or Person in Charge shall within 10 days after such Council reconfirmation, remove or abate such nuisance.

Section 22. ABATEMENT BY THE CITY.

(1) If within the time fixed as provided in this ordinance, the nuisance has not been abated by the Person or Person in Charge, the common council shall cause the nuisance to be abated.

(2) The city recorder shall maintain an accurate record of the expense incurred by the city in abating the nuisance and shall include therein an overhead charge of 15 percent of the total cost for administration.

(3) The total cost, including the administrative overhead, shall thereupon be assessed to the property as hereinafter provided.

(4) If the Person or Person in Charge of the property does not own property in the City, the City shall file a civil action or suit to enforce the collection of the total cost, including the administrative overhead, as set forth in the resolution described in Section 23, in the appropriate court within Yamhill County.

Section 23. ASSESSMENT OF COSTS.

(1) A notice of the assessment shall be forwarded by registered mail, postage prepaid, to the Person in Charge by the city recorder. The notice shall contain

(a) The total cost, including the administrative overhead, of the abatement.

(b) A statement that the cost as indicated will become a lien against the property unless paid within 30 days.

(c) A statement that if the Person in Charge objects to the cost of the abatement as indicated, he may file a notice of objection with the city recorder within 10 days from the date of the notice.

(2) Upon the expiration of 10 days after the date of the notice, objections to the proposed assessment shall be heard and determined by the council in its regular course of business.

(3) An assessment for the cost of abatement as determined by the council shall be made by resolution of the council and shall thereupon be entered in the docket of city liens, and upon such entry being made, it shall constitute a lien upon the property.

(4) The lien shall be collected in the same manner as liens for street improvements are collected and shall bear interest at the rate per annum set by the Council in the resolution levying the assessment. Such interest shall commence to run after the entry of the lien in the lien docket.

(5) An error in the name of the Person in Charge shall not void the assessment nor will a failure to receive the notice of the assessment render the assessment void nor will the fact that the violation of this ordinance may not have occurred on the property render the assessment void, but it shall remain a valid lien against the property.

Imminent Threat Abatement Procedure

Section 24. ABATEMENT NOTICE OF IMMINENT THREAT.

(1) Upon determination by the Chief of Police that a nuisance resulting in an imminent threat to the public health, safety or property of the citizens of Yamhill as defined in this or any other ordinance of the city exists, the Chief of Police, or his designated

representative, shall forthwith issue a citation to the Person or Person in Charge who, in the opinion of the Chief of Police, are determined to be in violation of this ordinance.

(2) At the time of issuing a citation as set forth above, the Chief of Police shall contact the Police Commissioner, and in his absence the Mayor, and in their absence, the Council President, and discuss the issuance of any citation issued by the Chief of Police, or his designated representative under this ordinance.

(3) The citation of nuisance resulting in an imminent threat to the public health, safety or property of the citizens of Yamhill shall contain:

(a) Reference to the section of this ordinance being violated and a description of the imminent threat.

(b) A description of the location upon which the violation occurred which may be a street address, a street name between intersecting streets, an approximate distance from a known point of reference, or otherwise, at or on which such imminent threat to the public health, safety or property of the citizens of Yamhill exists.

(d) A direction to remove the imminent threat to the public health, safety or property of the citizens of Yamhill within two (2) hours from the time of issuance of the citation.

(e) A statement that unless such imminent threat to the public health, safety or property of the citizens of Yamhill is removed within two (2) hours after citation, the city will abate the nuisance and cost of abatement shall be a lien against the property.

(f) A statement that the Person or Person in Charge may protest the citation and action by giving notice to the Chief of Police within two (2) hours from the time of citation.

(4) An error in the name or address of the Person or Person in Charge or the use of a name other than that of such person shall not make the citation void, and in such a case, the citation shall be deemed sufficient.

Section 25. ABATEMENT BY THE OWNER OF IMMINENT THREAT.

(1) Within two (2) hours after citation as provided in Section 24, the Person or Person in Charge, shall remove and abate the nuisance or protest that no nuisance exists.

(2) The Person or Person in Charge violating this ordinance shall file with the Chief of Police a written statement which shall specify the basis for contending that no nuisance exists.

(3) The statement shall be referred to the city recorder during the first regular business day after receipt by the Chief of Police, and the city recorder shall advise the Mayor of such statement.

(4) The Mayor shall refer the statement to the council at a special council meeting to be posted and held within 3 regular business days of filing of the statement with the city recorder. At the time set for the consideration of the abatement, such Person or Person in Charge may appear and be heard by the council, and the council shall, based upon the evidence presented, thereupon confirm whether a nuisance resulting in an imminent threat to the public health, safety or property of the citizens of Yamhill in fact exists and such confirmation shall be entered in the official minutes of the council.

(5) Upon council confirmation that a nuisance resulting in an imminent threat to the public health, safety or property of the citizens of Yamhill in fact exist, the Person or Person in Charge, violating this ordinance shall within two (2) hours after such council confirmation or two (2) hours after daylight of the next succeeding day, whichever is later, shall remove or abate such nuisance.

Section 26. ABATEMENT BY THE CITY OF IMMINENT THREAT.

(1) If within the time fixed, as provided in this ordinance, the nuisance resulting in an imminent threat to the public health, safety or property of the citizens of Yamhill has not been abated by the Person or Person in Charge, the common council shall cause the imminent threat to be abated.

(2) The city recorder shall maintain an accurate record of the expense incurred by the city in abating the imminent threat and shall include therein an overhead charge of 15 percent of the total cost for administration.

(3) The total cost, including the administrative overhead, shall thereupon be assessed to property of the Person or Person in Charge as they may own in the City, whether or not said property shall be in the location of the violation of this ordinance or not, in accordance with procedures set forth in Section 23.

(4) If the Person or Person in Charge does not own property in the City, the City shall file a civil action or suit to enforce the collection of the total cost, including the administrative overhead, as set forth in the resolution described in Section 23, in the appropriate court within Yamhill County.

Section 27. APPLICATION OR ORDINANCE.

(1) The procedure provided by this ordinance is not exclusive but is in addition to procedures provided by other ordinances.

General

Section 28. PENALTIES.

(1) Any Person or Person in Charge violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by imprisonment for a period not to exceed two (2) days, or by a fine not to exceed $50.00 or both.

(2) Each days violation of a provision of this ordinance shall constitute a separate offense.

(3) The abatement of a nuisance in accordance with the procedure set forth in Section 21 of this Ordinance within 10 days after being cited for violation of this Ordinance as set forth in Section 20 of this ordinance shall not constitute a penalty for a violation of this ordinance, but may, based upon the determination by the court of jurisdiction, be in addition to any penalty imposed for the violation of the ordinance.

(4) The abatement of a nuisance resulting in an imminent threat to the public health, safety or property of the citizens of Yamhill in accordance with the procedure set forth in Section 25 of this ordinance within two (2) hours after being cited for violation of this ordinance as set forth in Section 24 of this ordinance, shall not constitute a penalty for a violation of this ordinance, but may, based upon the determination by the court of jurisdiction, be in addition to any penalty imposed for the violation of the ordinance.

Section 29. SEVERABILITY CLAUSE.

All provisions of this ordinance are severable. It being the intent of the City Council to enact this Ordinance, notwithstanding any parts declared invalid or unconstitutional, if any section, subsection, paragraph, or provisions of this ordinance is so declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect or invalidate the remaining portions of this ordinance.

Section 30. REPEALER.

Ordinance No. 218 is hereby repealed.

Section 31. EMERGENCY CLAUSE.

The Council desires and deems it necessary for the preservation of the health, peace and safety of the City of Yamhill that this ordinance take effect at once, and therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage and approval.

Passed by the City Council of the City of Yamhill, on this 20th day of March, 1985.