AN ORDINANCE ADDING CHAPTER 7.08 FIRE HAZARD(S), CHAPTER 7.12 WEED CONTROL, AND 7.16 STREET NAMES - UNIFORM ADDRESSES, OF TITLE 7, PUBLIC PROTECTION, OF THE YAMHILL MUNICIPAL CODE; AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. There is hereby added to the Yamhill Municipal Code, Chapter 7.08 Fire Hazard(s), of Title 7, Public Protection, as follows:

Sections:

7.08.010 Fire Hazard(s) Declared
7.08.020 Abatement Procedure

7.08.010 Fire Hazard(s) Declared.

A.) It is hereby declared to be a nuisance for any person in the possession or control of any land in the City of Yamhill, Oregon, to place or cause to be placed upon said land, or to knowingly permit or suffer to remain thereon, any weeds, grass, shrubs, rubbish, buildings or parts thereof, or other substance which constitutes a fire hazard to remain upon said land. The City Recorder, or Chief of Police, shall notify the City Council in writing of nay nuisance as defined by this Chapter. The written report of the City Recorder and/or Chief of Police shall contain the following:

(1) A description of the real property on which such nuisance exists, by street address, or otherwise; and

(2) A description of the nuisance.

B.) It is hereby declared to be a nuisance for any person in the possession or control of any land in the City of Yamhill, Oregon, to place or cause to be placed upon said land,, or to knowingly permit or suffer to remain thereon any weeds, grass, shrubs, rubbish, buildings, or parts thereof, or other substance which constitutes a hazard or a danger to children who may be playing upon said land. The City Recorder, or City Building Official shall notify the City Council in writing of any nuisance as defined by this Chapter. The written report of the City Recorder and/or City Building Official shall contain the following:

(1) A description of the real property on which such nuisance exists, by street address, or otherwise; and

(2) A description of the nuisance. (Ord. 362, §1 and 2, 1985)

7.08.020 Abatement Procedure.

A.) Abatement of a nuisance as described in this Chapter shall be handled and processed as set forth in Title 5, Nuisances, Sections 5.04.200 through 5.04.230.

B.) The procedural provisions of this Chapter are not exclusive, but are in addition to procedural provisions of other Chapters, Ordinances, and Rules and Regulations, and furthermore, the City Council may proceed summarily to abate a fire hazard which unmistakably exists and from which there is imminent danger of loss of human life or property. (Ord. 362, §3 and 4, 1985)

SECTION 2. There is hereby added to the Yamhill Municipal Code, Chapter 7.12 Weed Control, of Title 7, Public Protection, as follows:

Sections:

7.12.010 Definition of Weeds
7.12.020 Weeds Prohibited
7.12.030 Trees/Shrubs Prohibited
7.12.040 Abatement Procedure
7.12.050 City Maintained Alleys/Streets

7.12.010 Definition of Weeds.

A.) The term "weed" does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard or a traffic hazard.

B.) The term "weed" does include:

(1) Canada Thistle, Whitetop, Puncture Vine, Blue Flowering Lettuce, Toadflax, Spiny Cockleburr, Wild Morning Glory, Russian Knapweed, Tansy Regwort, Leafy Spurge, Water Hemlock, Poison Hemlock, Mattgrass, Mediterranean Sage, Yellow Star, Mush, and Scotch thistle.

(2) Rose bushes or other thorn-bearing shrubs or trees that extend into a public thorough-fare, or across a property line.

(3) Vegetation that is:

(A) A health or safety hazard; or

(B) A traffic hazard because it impairs the view of a public thorough-fare or otherwise makes use of the thorough-fare hazardous.

C.) Between May 15, and October 30, of any year, the term "weed" also includes:

(1) Weeds more than eight (8) inches high; and

(2) Grass more than eight (8) inches high and not within the exception stated in Section 7.12.010(A). (Ord. 387, §1, 2, and 3, 1988)

7.12.020 Weeds Prohibited. No owner or person in charge of property may allow "weeds" to be on said property or in the easement of dedicated public thorough-fares abutting on the property. It shall be the duty of the owner or person in charge of property to cut down and remove or destroy "weeds" as often as needed, to prevent it from becoming unsightly, or from becoming a health, safety, or traffic hazard. (Ord. 387, §4, 1988)

7.12.030 Trees/Shrubs Prohibited.

A.) No owner or person in charge of property that abuts upon a street, alley, or public sidewalk, shall permit trees or bushes on the property to interfere with street or sidewalk traffic.

B.) It shall be the duty of an owner or person in charge of property that abuts upon an improved or unimproved street, alley, or public sidewalk, to keep all trees and bushes on the premises, including the adjoining parking strip, trimmed to a height of not less than seven (7) feet above the sidewalk and not less than thirteen (13) feet above the roadway. (Ord. 387, §5 and 6, 1988)

7.12.040 Abatement Procedure.

A.) A notice will be sent to all property owners, persons in charge, found not to have maintained weed control within the above mentioned guidelines. This notice will state the following:

(1) Location of Property;

(2) A deadline of no greater than 10 dry days;

(3) The information contained in Section 7.12.010, 7.12.020, and/or 7.12.030, as applicable;

(4) A charge of $50.00 per hour, with a minimum of one (1) hour, for the process of having the City perform the work. Each additional hour, or part thereof, required to complete the work will be charged at $50.00 per hour.

B.) The procedural provisions of this Chapter are not exclusive, but are in addition to procedural provisions of other Chapters, Ordinances, and Rules and Regulations. (Ord. 387, §7, 1988)

7.12.050 City Maintained Alleys/Streets. The City will maintain alleys and dedicated streets that require access for public work purposes. (Ord. 387, §8, 1988)

SECTION 3. There is hereby added to the Yamhill Municipal Code, Chapter 7.16 Street Names - Uniform Addresses, of Title 7, Public Protection, as follows:

Sections:

7.16.010 Street Names
7.16.020 Designation of Direction
7.16.030 Numbering
7.16.040 Address Numbers
7.16.050 Nuisance
7.16.060 Abatement Procedure

7.16.010 Street Names. It is hereby declared that streets within the Urban Growth Boundary of the City of Yamhill shall be known from the effective date of this Chapter forward as follows:

A.) Maple Street - from the junction of Pike Road (Market Road No. 7) and Tualatin Valley Highway (State Highway No. 247) to the North, names as proposed by Yamhill County, to the centerline of the Yamhill Creek Bridge to the South. Formerly known as Maple Street, State Highway 47, or Tualatin Valley Highway.

B.) Main Street - from the West Urban Growth Boundary to the centerline of the Railroad Tracks of the Southern Pacific Railroad Company lying East of the East Urban Growth Boundary of the City of Yamhill. Formerly known as Main Street, State Highway No. 151, Market Road No. 14, Moores Valley Road, or Yamhill-Newberg Road.

C.) Third Street - from the West Urban Growth Boundary to the East Urban Growth Boundary. Formerly known as Third Street.

D.) Tualatin Valley Highway - consisting of two parts including the Southerly extension of Maple Street, as previously defined, from the centerline of the Yamhill Creek Bridge, and also including the Northerly and Easterly extension of Maple Street, as previously defined, from the centerline of Maple Street. Formerly known as State Highway 47 and proposed to be renamed by Yamhill County as Tualatin Valley Highway.

E.) Pike Road - from the centerline of Maple Street, as previously defined, Westerly, Northerly and Westerly. Formerly known as Market Road No. 7, and proposed to be renamed by Yamhill County as Pike Road.

F.) Olive Street - from Third Street, as previously defined, to the centerline of Pike Road, as previously defined. Formerly known as Olive Street.

G.) Laurel Street - from Third Street, as previously defined, to the centerline of Tualatin Valley Highway, as previously defined. Formerly known as Laurel Street.

H.) Juniper Street - from Third Street, as previously defined, to the centerline of Tualatin Valley Highway, as previously defined. Formerly known as Juniper Street.

I.) Hemlock Street - from Third Street, as previously defined, to the centerline of Tualatin Valley Highway, as previously defined. Formerly known as Hemlock Street.

J.) Fir Street - from Third Street, as previously defined, to the centerline of Tualatin Valley Highway, as previously defined. Formerly known as Fir Street.

K.) Elm Street - from Third Street, as previously defined, to the centerline of Tualatin Valley Highway, as previously defined. Formerly known as Elm Street.

L.) Cedar Street - from Third Street, as previously defined, to the North Urban Growth Boundary. Formerly known as Cedar Street.

M.) Balm Street - from Third Street, as previously defined, to the North Urban Growth Boundary. Formerly known as Balm Street.

N.) Ash Street - from Third Street, as previously defined, to the centerline of Main Street, as previously defined. Formerly known as Ash Street.

O.) Second Street - from the centerline of Olive Street, as previously defined, to the centerline of Ash Street, as previously defined. Formerly known as Second Street.

P.) First Street - from the centerline of Olive Street, as previously defined, to the centerline of Ash Street, as previously defined. Formerly known as First Street.

Q.) Azalea Street - from the centerline of Olive Street, as previously defined, to the centerline of Balm Street, as previously defined. Formerly known as "A" Street.

R.) Buttercup Street - from the centerline of Hemlock Street, as previously defined, to the East Urban Growth Boundary. Formerly known as "B" Street, or Burton Street.

S.) Camellia Street - from the centerline of Olive Street, as previously defined, to the East Urban Growth Boundary. Formerly known as "C" Street.

T.) Dahlia Street - from the centerline of Olive Street, as previously defined, to the East Urban Growth Boundary. Formerly known as "D" Street.

U.) Erica Street - from the centerline of Olive Street, as previously defined, to the East Urban Growth Boundary. Formerly known as "E" Street.

V.) Nutmeg Place - from Azalea Street, as previously defined, North 170 feet, more or less, to its termination, lying between Olive Street and Maple Street, as these streets are previously defined. Formerly known as "Alder" Street.

W.) Larch Place - from the centerline of Third Street, as previously defined, to the centerline of First Street, as previously defined, and from the centerline of Main Street, as previously defined, to its termination, 193 feet, more or less, North of Azalea Street, as previously defined, lying between Maple Street and Laurel Street, as these streets are previously defined. Formerly known as "Cherry" Street, and also known as an unnamed alley. (Ord. 366, §1, 1985)

7.16.020 Designation of Direction. The address of all properties having their primary access on a street lying in the North-South direction shall hereinafter be designated as North (N) if the property is located North of Main Street or Sough (S) if the property is located South of Main Street. The address of all properties having their primary access on a street lying in the East-West direction shall hereinafter be designated as East (E) if the property is located East of Maple Street or West (W) if the property is located West of Maple Street. (Ord. 366, §2, 1985)

7.16.030 Numbering. The City of Yamhill hereby adopts a uniform system of numbering all structures with access to streets here-in-before named, with the exception of those properties with primary access to Pike Road and/or Tualatin Valley Highway which properties shall be numbered in accordance with Yamhill County's proposed uniform numbering system, with each block lying North or South of Main Street being numbered consecutively in lots of one hundred (100) beginning with the block between Main Street and Azalea Street designated as the North 100 block and the block between Main Street and First Street designated as the South 100 block, and with each block lying East or West of Maple Street being numbered consecutively in lots of one hundred (100) beginning with the block between Maple Street and Larch Place designated as the East 100 block and the block between Maple Street and Olive Street designated as the West 100 block. Structures with primary access to the East side of a North-South street and to the South side of an East-West street shall be given an odd number from the lot of one hundred numbers for that block. Structures with primary access to the West side of a North-South street and to the North side of an East-West street shall be given an even number from the lot of one hundred numbers for that block. In all cases, the numbers shall be given in an increasing manner from West to Ease on East designated streets, from East to West on West designated streets, from South to North on North designated streets, and from North to South on South designated streets. (Ord. 366, §3, 1985)

7.16.040 Address Numbers.

A.) The City of Yamhill hereby adopts a policy of establishing a uniform size of address numbers and also adopts a uniform location of said numbers within the Urban Growth Boundary of the City of Yamhill. All numbers shall be at least three (3) inches high and shall be so placed on the structure,, on the side of the building upon which primary access is provided, that said numbers are easily seen by the driver or passenger of a passing motor vehicle.

B.) All address numbers shall be assigned by the City. (Ord. 366, §4, 1985)

7.16.050 Nuisance. It is hereby declared to be a nuisance for any person to use and/or display an address number other than as may be designated by this Ordinance, to place an address number on the side of the house other than on the side of the house which provides primary access to the adjacent street, or to use the name of a street not designated in this Chapter. (Ord. 366, §5, 1985)

7.16.060 Abatement Procedure.

A.) Abatement of a nuisance as described in this Chapter shall be handled and processed as set forth in Title 5, Nuisances, Sections 5.04.200 through 5.04.230.

B.) The procedural provisions of this Chapter are not exclusive, but are in addition to procedural provisions of other Chapters, Ordinances, and Rules and Regulations. (Ord. 366, §6, 1985)

SECTION 4. This Ordinance hereby supersedes the Ordinance Numbers 362, 366, and 387. Any other ordinances or parts of ordinances dealing with the establishment and enforcement of Fire Hazards, Weed Control, and/or Street Names and Uniform Addressing, of the City of Yamhill, that are in conflict herewith, are hereby repealed.

SECTION 5. All remaining provisions of Yamhill Municipal Code, Title 7, Public Protection, are hereby reaffirmed in their entirety.

SECTION 6. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage. The emergency being for the uniformity of reference (by city personnel, as well as any citizen and/or building program applicant); uniformity as to citations into the Municipal Court; and due to the fact that the Yamhill Municipal Code is already in use.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 8th day of April , 1998.