[HISTORY: Adopted by the City Council of
the City of Salem as Ch. XX, Secs. 20:01 through 20:06, of the 1975
Municipal Code; amended in its entirety 8-17-1998 by Ord. No. 98-26. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Junkyards and junk dealers — See Ch.
127.
Property maintenance — See Ch.
163.
Solid waste — See Ch.
185.
[Amended 11-15-1999 by Ord. No. 99-18]
Wherever the Police Department or Department
of Inspections and Permits or other designated officer of the City
of Salem shall determine that it is necessary and expedient for the
preservation of the public health, safety and general welfare or to
eliminate a fire hazard that there be removed from lands, dwellings
or other structures within the City of Salem weeds, dead and dying
trees, stumps, roots, obnoxious growths, filth, garbage, trash and
debris or grass or weeds or other vegetation which has reached a height
of 10 inches, there shall be given by said person to the owner or
tenant of said lands, dwellings or other structures 10 days' notice
to remove the same, whereupon the owner or tenant of said lands, dwellings
or other structures shall be required within said period to remove
the same. For the purposes of this section, the phrase "garbage, trash
and debris" shall:
A. Include, but not be limited to, tires, motor vehicle
parts, construction waste such as wood, bricks and glass, and dirt,
sand or other piled material; and
B. Not include solid waste stored in such a way that is accessible to and likely to be strewn about by animals pursuant to §
84-7.
In the event that the owner or tenant shall
refuse or neglect to carry out the above-mentioned order of removal
within the time mentioned, the city officer involved shall sign a
complaint against such owner or tenant for violation of this article,
and successive complaints shall be made up every ten-day period from
the signing of the original complaint that said owner or tenant fails
to comply with this article. Such successive ten-day period shall
constitute separate and distinct violations and render the said owner
or tenant liable to the penalties hereinafter provided.
[Amended 4-20-1987 by Ord. No. 8707; 7-20-2020 by Ord. No. 20-06]
Any person violating this article shall, upon conviction, be
subject to a fine of not less than $100 nor more than $2,000; or imprisonment
in the county jail for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Any person who is convicted
of violating this article within one year of the date of a previous
violation of the same article and who was fined for the previous violation,
shall be sentenced by a court to an additional fine as a repeat offender.
The additional fine imposed by a court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the article, but shall be calculated separately
from the fine imposed for the violation of the article.
In the event that the owner or tenant shall
refuse or neglect to carry out the above-mentioned order of removal
within the time mentioned, the same may be removed by the City of
Salem, and the officer in charge of said removal shall certify the
cost thereof on appropriate certificate to the Council.
If said certificate is found correct, the Council
shall cause the cost of removal as shown thereon to be charged against
said lands, dwellings or other structures, and the amount so charged
shall forthwith become a lien upon such lands, dwellings or other
structures, and shall be added to and become a part of the taxes next
to be assessed and levied upon said lands, dwellings or other structures,
the same to bear interest at the same rate as taxes and shall be controlled
by the same officers and in the same manner as taxes.
[Amended 11-15-1999 by Ord. No. 99-18]
The Street Department and the Police Department
shall advise the Department of Inspections and Permits of any violations
of this article that they may observe in the course of traveling through
and about the city.
[Amended 11-15-1999 by Ord. No. 99-18]
Whenever the Department of Inspections and Permits,
Police Department or other designated officer of the City of Salem
shall determine that it is necessary and expedient for the preservation
of public health, safety or general welfare to remove from lands,
dwellings or other structures located within the City of Salem or
to destroy any solid waste stored in such a way that it is accessible
to and likely to be strewn about by animals, such as but not limited
to dogs, cats, raccoons, birds or rodents, there shall be given by
said officer to the owner and/or tenant of said land, dwelling or
other structure notice requiring the removal or destruction of said
solid waste within a specific period of time which shall be not less
than 72 hours nor more than 10 days after the owner or tenant has
received written notice to that effect.
In the event that the owner and/or tenant shall
refuse or neglect to carry out the above-mentioned order of removal
or destruction within the time directed, the city officer involved
shall sign a complaint against such owner and/or tenant for violation
of this article, and successive complaints shall be made up every
seventy-two-hour period from the signing of the original complaint
that said owner or tenant fails to comply with this article. Such
successive periods shall constitute separate and distinct violations
and render said owner or tenant liable to the penalties hereinafter
provided.
[Amended 7-20-2020 by Ord. No. 20-07]
Any person violating this article shall, upon conviction, be
subject to a fine of not less than $100 nor more than $2,500; or imprisonment
in the county jail for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Any person who is convicted
of violating this article within one year of the date of a previous
violation of the same article and who was fined for the previous violation,
shall be sentenced by a court to an additional fine as a repeat offender.
The additional fine imposed by a court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the article, but shall be calculated separately
from the fine imposed for the violation of the article.
In the event that the owner and/or tenant shall
refuse or neglect to carry out the above-mentioned order of removal
or destruction within the time directed, the same may be removed or
destroyed by the City of Salem, and the officer in charge of said
removal shall certify the cost thereof on an appropriate certificate
to the Council.
If said certificate is found correct, the Council
shall cause the cost of the removal as shown thereon to be charged
against said lands, and the amount so charged shall forthwith become
a lien upon such lands, dwellings or other structures, and shall be
added to and become a part of the taxes next to be assessed and levied
upon said lands, dwellings or other structures, the same to bear interest
at the same rate as taxes and shall be controlled by the same officers
and in the same manner as taxes.
[Amended 11-15-1999 by Ord. No. 99-18]
The Street Department and the Police Department
shall advise the Department of Inspections and Permits of any violations
of this article that they may observe in the course of traveling through
and about the city.