For purposes of this Chapter, the following words and phrases
shall have the meanings ascribed to them by this Section:
"Abandoned vehicle"
means a vehicle that has been deserted, relinquished or has
one or more of the following existing conditions:
1.
The vehicle license plate or registration sticker has expired
or has been canceled or altered, or the vehicle has a license plate
from another vehicle;
2.
The vehicle has no license plates or registration sticker;
3.
The records of the Oregon Department of Transportation identify
the vehicle as sold and the current owner of the vehicle has not registered
the vehicle as required by state law;
4.
The vehicle appears to be inoperative or disabled;
5.
The vehicle appears to be wrecked, partially dismantled or junked;
including, but not limited to, vehicles that lack an engine, transmission,
wheel, tire, door, body panel, windshield, window, or any other part
or equipment necessary to operate safely on the highway of this state;
6.
The vehicle is leaking gray or black water, or leaking any other
hazardous material that creates an environmental or health risk.
"Boarded building"
means a building secured by means other than those used in
the design of the building.
"Delineated wetland"
means wetlands (as defined by ORS 196.800) that have been
identified and inventoried through an authorized City of Roseburg
wetland inventory or through the issuance of a wetland fill permit
by the Oregon Division of State Lands or the U.S. Army Corps of Engineers.
"Dismantled"
means inoperative without the addition or application of
vital parts or mechanisms and the application of a substantial amount
of labor to effect repairs.
"Enforcing officer"
means the person authorized by the City Manager to enforce
nuisance abatement provisions. This shall include, but not be limited
to, the Compliance Officer, Police Officers and the Fire Marshal.
"Neglected or discarded vehicle"
means a vehicle that is, or appears to be, inoperative, wrecked,
dismantled or partially dismantled. It also means unassembled or partially
assembled vehicle parts, including, but not limited to, tires, batteries,
engines, transmissions, vehicle bodies and frames.
"Obnoxious vegetation"
includes:
1.
Weeds, grass or legumes above a height of twelve inches.
2.
Poison oak or poison ivy.
3.
Vegetation or blackberry vines that:
a.
Are a fire hazard because they are near other combustibles;
b.
Extend into a public way; or
c.
Are used for habitation by trespassers.
4.
Vegetation which is a vision obstruction.
"Person in charge of property"
means an agent, occupant, lessee, tenant, contract purchaser
or other person having possession or control of property or the supervision
of a construction project on the property.
"Person responsible"
means any or all of the following:
1.
The owner of the property on which the nuisance exists or the
owner of the property which abuts a public way where a nuisance exists;
2.
The person in charge of the property or of property which abuts
a public way where a nuisance exists;
3.
The person who causes the nuisance to come into, or continue
in, existence.
"Riparian area"
means areas along identified significant stream banks as
described within the Land Use and Development Regulations.
"Rodent habitat"
means any condition which attracts or is likely to attract,
feed or harbor rats or mice; this applies to, but is not limited in
application to, any building or other structure or part thereof, which
is not rodent-proof and is used to store or keep any substance on
which rats or mice feed, or rubbish or other loose material that might
serve as a harbor for rats or mice.
"Rodent-proof"
means as follows: Any building, structure or part thereof
is "rodent-proof" when it is constructed of concrete, metal or some
equally impermeable material and in a manner that excludes rats and
mice therefrom.
"Unsecured building"
means the lack of a secure means of ingress and egress thus
allowing for occupancy or use of a building or structure by unauthorized
persons.
"Vegetation"
means plant life, including, but not limited to, trees, shrubs,
flowers, weeds and grass.
"Vehicle"
means a device in or by which a person or property is or
may be transported or drawn upon a public highway, excluding a device
moved by human power or used exclusively upon stationary rails or
tracks, and including, but not limited to, a vehicle body, engine,
transmission, frame or other major part.
(Ord. 2945 § 1 (part),
1996; Ord. 3057 § 2 (part),
1999; Ord. No. 3571, § 1, 3-14-2022)
The conditions described in this Chapter are considered to be nuisances affecting the public and shall be abated pursuant to Chapter
7.06 of this Code. In addition to the abatement costs which may be charged against the property as described in Chapter
7.06, persons responsible may also be charged with an offense.
(Ord. 2945 § 1 (part),
1996)
No person responsible shall cause or allow the deposition of
an animal carcass or part thereof, any excrement, sewage or industrial
waste, or any putrid, nauseous, decaying, deleterious, offensive or
dangerous substance in a stream, well, spring, brook, ditch, pond,
river or other inland waters within the City or the placing of such
substances in such a position on or in any property that would allow
high water or natural seepage to carry the same into such waters.
(Ord. 2945 § 1 (part),
1996)
No person responsible shall cause or allow the following condition(s),
which are hereby designated as attractive nuisances, on or in property:
A. Unguarded
machinery, equipment or other devices which are attractive, dangerous
and accessible to children.
B. Lumber,
logs or pilings placed or stored in a manner so as to be attractive,
dangerous and accessible to children.
C. An open
pit, quarry, cistern or other excavation without safeguards or barriers
to prevent such places from being used by children.
D. 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 playing children.
|
(Ord. 2945 § 1 (part),
1996)
No person responsible shall cause or allow a dangerous building
to exist on property. Any building or structure which is structurally
unsafe or not provided with adequate egress, or which constitutes
a fire hazard or is otherwise dangerous to human life, is hereby declared
to constitute a dangerous building. Any use of a building or structure
constituting a hazard to safety, health or public welfare by reason
of inadequate maintenance, dilapidation, obsolescence, fire hazard,
disaster, damage or abandonment constitutes an unsafe use and shall
render the building a dangerous building for purposes of this chapter.
Any appendages or structural members which are supported by, attached
to, or a part of a building and which are in deteriorated condition
or otherwise unable to sustain the design loads which are specified
by the building official are dangerous building appendages. Examples
of the foregoing dangerous buildings, structures or appendages include,
but are in no way intended to be limited to the following conditions:
A. Any
door which is unsecured or any door, aisle, passageway, stairway or
other means of exit not so arranged as to provide safe and adequate
means of exit in case of fire or panic.
B. Any
walking surface of any aisle, passageway, stairway or other means
of exit which is so warped, worn, loose, torn or otherwise unsafe
as to not provide safe and adequate means of exit in case of fire
or panic.
C. Any
stress in any materials, member or portion thereof, due to all dead
and life loads, which is more than one and one half (1½) times
the working stress or stresses allowed in the Building Code for new
buildings of similar structure, purpose or location.
D. Any
damage by fire, earthquake, wind, flood or by any other cause, to
such an extent that the structural strength or stability is materially
less than it was before such catastrophe and is less than the minimum
requirements of the Building Code for new buildings of similar structure,
purpose or location.
E. Any
portion, member or appurtenance which is likely to fail, become detached
or dislodged, or collapse and thereby injure persons or cause damage
to property.
F. Any
portion, member, appurtenance or ornamentation on the exterior which
is not of sufficient strength or stability, or which is not anchored,
attached or fastened in place so as to be capable of resisting a wind
pressure of one-half of that specified in the Building Code for new
buildings of similar structure, purpose or location without exceeding
the work stresses permitted in the Building Code for such buildings.
G. Any
portion which has wracked, warped, buckled or settled to such an extent
that walls or other structural portions have materially less resistance
to winds or earthquakes than is required in the case of similar new
construction.
H. Any
portion which is likely to partially or completely collapse because
of any of the following conditions:
1. Dilapidation,
deterioration or decay;
3. The
removal, movement or instability of any portion of the ground necessary
for the purpose of supporting such building;
4. The
deterioration, decay or inadequacy of its foundation; or
I. Anything
that is manifestly unsafe for the purpose for which it is being used.
J. Any
exterior walls or other vertical structural members which list, lean
or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one-third of the
structure or portion thereof.
K. Any
portion, exclusive of the foundation, which shows thirty-three percent
or more damage or deterioration of its supporting member or members,
or fifty percent damage or deterioration of its nonsupporting members,
enclosing or outside walls or coverings.
L. Any
damage by fire, wind, earthquake or flood, or such dilapidation or
deterioration, which causes the structure to become an attractive
nuisance to children, a harbor for vagrants, criminals or immoral
persons, or available for use by persons for the purpose of committing
unlawful or immoral acts.
M. Anything
which has been constructed, exists or is maintained in violation of
any specific requirement or prohibition applicable to such building
or structure set forth by the building regulations of this jurisdiction,
as specified in the Building Code or Housing Code, or of any law or
ordinance of this state or jurisdiction relating to the condition,
location or structure of buildings.
N. Anything
which, whether or not erected in accordance with all applicable laws
and ordinances, has in any nonsupporting part, member or portion less
than fifty percent, or in any supporting part, member or portion less
than sixty-six percent of the strength or fire-resisting and weather-resisting
qualities and characteristics which are required by law in the case
of a newly constructed building of like area, height and occupancy
in the same location.
O. Inadequate
maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air or sanitation facilities, or any other condition,
which has been determined by a health officer to be unsanitary, to
cause the subject building to be unfit for human habitation or in
such a condition as is likely to cause sickness or disease.
P. Whenever
an occupied building lacks an operational, potable water supply.
Q. Whenever
an occupied building lacks a functioning connection to public sewer
or approved and fully operational septic facilities.
R. Any
obsolescence, dilapidated condition, deterioration, damage, inadequate
exits, lack of sufficient fire-resistive construction, faulty electrical
wiring, gas connections or heating apparatus, or other cause, which
is determined by the Fire Marshal to be a fire hazard.
S. Any
combustible or explosive material, wood, paper, trash, rubbish, rags,
waste, oils, gasoline or flammable substance of any kind especially
liable to cause fire or damage to the premises or human life, and
which is not maintained in accordance with law.
T. Any
condition which constitutes a public nuisance known to the common
law or in equity jurisprudence.
U. Any
portion of a building or structure which remains after demolition
or destruction of the building or structure or any building or structure
which is abandoned for a period in excess of six months and constitutes
an attractive nuisance or hazard to the public.
(Ord. 2945 § 1 (part),
1996; Ord. No. 3507, § 1, 9-10-2018)
No person responsible shall cause or allow a derelict building to exist. For purposes of this Code, a derelict building shall be defined as any building or structure which is unoccupied and boarded or which is unoccupied and unsecured. If the person responsible for a derelict building fails to register a derelict building as required by Section
7.06.105 of this Code or fails to correct the conditions which cause a building to be a derelict building within the time frames set forth in Chapter
7.06, the derelict building shall be declared a nuisance.
(Ord. 2945 § 1 (part),
1996; Ord. No. 3492, § 1, 12-11-2017)
No person responsible shall cause or allow an accumulation of
decomposed animal or vegetable matter, garbage, rubbish, manure, offal,
ashes, discarded containers, waste, paper, debris, trash, 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, is unsightly or creates an offensive odor,
or constitutes a rodent habitat.
(Ord. 2945 § 1 (part),
1996)
A. Discharges
and Deposits. No person shall cause any intentional or unintentional
discharge, deposit or obstruction which renders the use of the public
way or public property hazardous or unreasonably prevents its free
and unobstructed use unless the discharge, deposit or obstruction
is first authorized by the City Manager. Tracking or depositing earth,
soil, mud or dirt onto an asphalt or concrete public way is deemed
to unreasonably prevent the free and unobstructed use of the public
way.
B. Obnoxious
Vegetation. No person responsible shall allow any vegetation on public
or private property to be a hazard to pedestrian or vehicular use
of a sidewalk or street by obstructing passage or vision. The hazards
include, but are not limited to:
1. Vegetation
that encroaches upon or overhangs a pedestrian way or adjacent strip
lower than nine feet or encroaches upon or overhangs a street lower
than fifteen feet.
2. Vegetation
which obstructs motorist or pedestrian view of traffic, traffic signs
and signals, street lights and name signs or other safety fixtures
or markings placed in the public way.
3. Vegetation
which is an obstruction of access to, and use of, any public facilities
placed within the public way.
4. Vegetation
which is an obstruction of drainage facilities in the public way,
including but not limited to roadside ditches, street curbs and gutters,
catch basins and culverts.
5. Vegetation
roots which have entered a sewer, lateral sewer or house connection
and are stopping, restricting or retarding the flow of sewage therein.
6. Any
vegetation, structure, mounding of earth or other physical obstruction
which is in violation of the clear vision requirements as set forth
in the City's Land Use and Development Ordinance.
C. Interfering
with Pedestrian or Vehicular Travel. No person responsible shall place,
cause to be placed, or permit to remain on a street or sidewalk anything
that interferes with the normal flow of pedestrian or vehicular traffic
on a street or sidewalk. The provisions of this Section do not apply
to:
1. Merchandise
in the course of receipt of delivery, unless the merchandise remains
upon a street or sidewalk for a period longer than one hour.
2. Activities
conducted pursuant to a permit obtained from the City Manager.
D. Sidewalk
Accumulation. No person responsible shall cause or allow an accumulation
of leaves, snow, ice, rubbish and other litter or any obstruction
upon a sidewalk.
(Ord. 2945 § 1 (part),
1996)
No person responsible shall cause or allow the following condition(s)
on or in property:
A. A fence,
barrier, partition or obstruction electrically charged or connected
with any electrical source in such a manner as to transmit an electrical
shock or charge to any person, animal or thing which might come in
contact therewith.
B. A barbed-wire
fence, except those:
1. Permitted
by the City's Land Use and Development Regulations; or
2. Surrounding
at least a twenty-acre pasture used for farm purposes, provided the
abutting right-of-way, if any, is not improved with curbs and gutters,
or if so improved, only abuts the pasture at the end of the right-of-way.
(Ord. 2945 § 1 (part),
1996)
No person responsible shall cause or allow to exist an abandoned,
unattended or discarded icebox, refrigerator or other container accessible
to children which has an airtight door or lock which may not be released
for opening from the inside. This does not include iceboxes, 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.
(Ord. 2945 § 1 (part),
1996)
No person responsible shall cause or allow any condition which
causes an offensive odor or is unsanitary. No person responsible shall
burn in wood stoves or fireplaces any household waste, garbage, plastic,
styrofoam or other noxious material.
(Ord. 2945 § 1 (part),
1996)
Unless exempted by this Section, no person responsible shall
cause or allow outdoor burning without a permit issued pursuant to
this Section.
A. Outdoor
Burning Restricted. No person shall start or maintain any outdoor
fire for the purpose of burning any combustible material, except as
allowed by this Section. Nor shall any person responsible cause or
knowingly allow any such fire to be started or maintained, including
but not limited to barrel burning, burning of household waste, burning
of garbage, plastic, Styrofoam or other noxious materials.
B. Period
When Outdoor Burning is Restricted. The restriction on outdoor burning
shall be in effect for the entire year. The Fire Chief may issue burn
permits authorizing the burning of residential yard waste from April
15 through May 15 and from October 1 through October 31. The Fire
Chief may modify the burn period when the Fire Chief determines that
health, safety, fire risk or climatic factors justify modifying the
burn period established in this Section.
C. Outdoor
Burning Exempt from Seasonal Restrictions. The following types of
outdoor burning may be allowed by the Fire Chief by permit on any
day of the year:
1. Burning
of a structure or other use of fire for training purposes by the Fire
Department.
2. Fire
hazard reduction burning.
3. Burning
which has written approval of the Department of Environmental Quality.
4. Field
burning in agricultural areas and certain other burning when, because
of topography, there is no other feasible way to remove debris; however,
the Fire Chief may deny a permit for an outdoor burn allowed under
this Subsection if the Fire Chief determines that the debris proposed
for burning has a high moisture content and would burn better after
a period of aging.
5. Outdoor
burns to control agricultural diseases, such as blight, that must
be destroyed immediately by fire to prevent the spread of disease.
6. Burning
beehives and bee-keeping paraphernalia to prevent the spread of disease.
7. Fires
incidental to a special event.
D. Outdoor
Burning Exempt from Permit Requirement. The following types of outdoor
burning do not require a permit:
1. Open
cooking fires, and fires contained in outdoor fireplace appliances
specifically approved and listed for the use, if the following conditions
are met:
a. An adult is in attendance at all times.
b. A garden hose is connected to a water supply and readily available
to extinguish the fire.
c. No open flames are within 25 feet of any structure or fence, with
the exception of fires in approved appliances, which are required
to be not less than 15 feet away from a structure.
d. The total fuel area is 3 feet or less in diameter and 2 feet or less
in height.
e. It occurs on private property containing an occupied dwelling, with
owner's permission and with either the owner or a tenant under a written
rental agreement, being present at all times.
2. Cooking
in a barbecue grill or other similar enclosure specifically designed
and listed for outdoor cooking, if the following conditions are met:
a. It occurs on private property with owner's permission and with either
the owner or a tenant under a written rental agreement, being present
at all times.
E. Burn
Permits Required.
1. A
permit issued by the Fire Chief shall be required for all outdoor
burning, including the exempted fires of Section 7.04.110.C. Except
for a person seeking a permit pursuant to Section 7.04.110.C.7, a
person seeking a burn permit shall pay a fee in an amount to be set
by City Council resolution. A permit shall be valid for not more than
two weeks from the date of issuance.
2. Upon
receipt of a burn permit application, the Fire Chief shall undertake
whatever investigation the Fire Chief deems necessary. Based on this
investigation, the Fire Chief may approve the permit. The Fire Chief
shall issue the burn permit only when the Fire Chief determines the
outdoor burn does not constitute a hazard and that reasonable steps
will be taken to assure public safety. Such fires shall conform with
the Fire Code adopted by the City. Fires which are approved by permit
shall be monitored by a competent adult. Fires which are approved
by permit shall be extinguished prior to darkness unless continued
burning is specifically authorized by the permit.
(Ord. 2945 § 1 (part),
1996; Ord. 3178 § 1, 2004; Ord. No. 3515, § 1, 11-26-2018)
No person responsible shall cause or allow to exist a privy,
vault, cesspool, septic tank or drain which emits a noisome and offensive
smell or which is prejudicial to public health.
A. Connection
Required. Wherever there now is or hereafter may be constructed any
public sanitary sewer within the City, the owner of any property adjacent
thereto or within one hundred fifty feet of such sewer is required
to connect thereto any building with plumbing fixtures installed therein
on such property and to dispose of all sewage therefrom after having
first obtained a permit therefor.
B. Notice
to Connect. The City Manager shall give notice to the owner of any
property which is not connected to a public sewer, but which under
this Section is required to be so connected, to connect with such
sewer in the manner required hereunder within a period of twenty days
from the date of the service of the notice. The notice shall be served
upon the owner personally or by mailing such notice by certified mail
addressed to the owner at the address last shown on the County tax
records and by delivering personally or by mail a copy thereof to
the person in charge of the property.
C. Prohibited
Connections. No sewage other than storm and surface water shall be
allowed to flow into any public storm sewer. No storm or surface water
shall be connected to any sanitary sewer line.
D. Time
Extension-Application. Whenever any notice has been given under this
Section to any person to connect property to a sanitary sewer or to
any person to discontinue the allowance of storm or surface water
to flow into any sanitary sewer, the person receiving such notice
shall have the right to apply to the City Manager for an extension
of time to do so. For good cause shown, the City Manager may extend
the time for the completion of such connection or disconnection to
a designated date no longer than two years from the notice to connect
or discontinue.
(Ord. 2945 § 1 (part),
1996)
No person responsible shall cause or allow an accumulation of
stagnant or impure water which affords or might afford a breeding
place for mosquitoes or other insects.
(Ord. 2945 § 1 (part),
1996)
No person responsible shall cause or allow any obnoxious vegetation
on public or private property except in or on delineated wetlands
and riparian areas of rivers and creeks or where strict compliance
with the requirements of this Section would be impractical as they
apply to a type of obnoxious vegetation, the height of weeds, grass
or tree branches or to a part of a parcel of property. The City Manager
shall determine when said requirements are impractical.
(Ord. 2945 § 1 (part),
1996)
No person responsible shall cause or allow driveway approaches
in the public way which are no longer in use.
(Ord. 2945 § 1 (part),
1996)
No person shall post or place signs on or in public or private
property in the City without meeting the following requirements:
A. Permit
Required from Public Works Director for All Signs in the Public Way
or on Public Property. Except by a placement permit obtained from
the Public Works Director, no person shall paint, post, place, plant
or attach in any way a sign on a parking strip, sidewalk or curb,
utility pole, wall, hydrant, bridge or tree in the public right-of-way
or on any building, structure or property owned by the City. This
permit is in addition to any permit that may be required by the City's
Land Use and Development Regulations.
1. The
applicant's true name, permanent address and an address which the
City may use for purposes of notifying the applicant;
2. A
description of the sign the applicant wishes placed on the property;
3. The
location where the sign will be placed;
4. The
size of the space to be occupied by the sign;
5. The
period of time the sign will occupy the location;
6. An
agreement that the applicant will pay the cost of removal of the obstruction
or sign;
7. Such
other information required by the Community Development Director,
Public Works Director or Parks and Golf Director if applicant desires
to post or place the sign in or on City park property.
B. Property
Owner Consent Required for All Signs on Private Property. No person
shall paint, place or attach a sign on a building, structure or property
without the consent of the owner or his or her agent or lessee. Such
consent is required in addition to any permit that may be required
by the City's Land Use and Development Ordinance.
C. Approval,
Denial, Suspension and Revocation of Sign Permit.
1. The Public Works Director may condition the permit required by the above Subsection
A with regard to the location, size and placement duration of the sign.
2. The permit required by the above Subsection
A may be denied, temporarily suspended or revoked by the Public Works Director after reasonable notice and opportunity to be heard:
a. If the permittee has violated any of the provisions of this Section,
made any material misstatements or omissions on the application;
b. If the permittee violates any of the terms or conditions of the permit;
c. If in the Public Works Director's sole discretion the public interest
requires the removal of the obstruction or sign.
D. Liability.
Persons who post signs, with or without a permit, shall be liable
for any damages resulting from their sign, or from exercising a permit.
(Ord. 2945 § 1 (part),
1996)
A. Storage.
1. No
person shall cause or allow an inoperative, wrecked, dismantled, neglected
or discarded vehicle to remain upon private property within the City
for more than five days unless the vehicle is completely enclosed
within a legally permitted building, or unless it is stored by a licensed
business enterprise dealing in junked vehicles lawfully conducted
within the City.
2. No
person shall cause or allow a vehicle to be parked or left standing
on public property for more than 24 hours.
B. Abandoned
Vehicles. No person shall cause or allow a vehicle to be abandoned,
upon public property within the City for more than 24 hours. This
section shall not apply to a vehicle that has been abandoned as defined
by state law nor to a vehicle that constitutes a hazard as defined
by state law. A vehicle that is abandoned or that constitutes a hazard
shall be dealt with pursuant to the provisions of state law.
A vehicle so parked or left standing may be taken into custody
by the Police Chief or their designee and shall be held at the expense
of the owner of the vehicle. The Police Chief or their designee may
use department personnel, equipment, and facilities for removal and
storage of the vehicle or may hire other personnel, equipment, and
facilities for that purpose.
A vehicle that is believed or known to be actively used as a
form of temporary occupancy that is towed under this section will
be held at the tow yard or a secured location for a period of at least
30 days. During that time, upon furnishing proof of ownership, or
authorization from the Police Chief or their designee, valuables and
personal property contained within the vehicle will be released. Retrieval
of the vehicle will require owner compliance with rules established
by the tow company and state law.
Any vehicle that is leaking gray or black water, or leaking
any other hazardous material that creates an environmental or health
risk, may be immediately taken into custody by the Police Chief or
their designee and shall be held at the expense of the owner of the
vehicle. The Police Chief or their designee may use department personnel,
equipment, and facilities for removal and storage of the vehicle or
may hire other personnel, equipment, and facilities for that purpose.
1. Vehicle
compliance
a. It is no defense to any of the prohibited acts of this ordinance
that the vehicle has moved to a different location in the City of
Roseburg.
i. Vehicles that have been subjected to the pre-tow investigation and
notice for a violation of this ordinance, that have not complied,
that have moved to a different location within the City of Roseburg,
that are within 30 days of the initial pre-tow investigation and notice,
and that are still on public property in the city limits, will not
require a second pre-tow investigation and notice prior to being towed;
b. Public roadway. Vehicle(s) that have been subjected to the pre-tow
investigation and notice under A(2) of this ordinance, that are parked
along a public roadway will need to move more than one city block
to become compliant;
c. Public rights-of-way, parking lots, and park systems. Vehicle(s)
that have been subjected to the pre-tow investigation and notice under
A(2) of this ordinance, that are parked on a public right-of-way,
in a public parking lot or within a park system will need to fully
leave the premises in order to become compliant.
2. Towing
and storage liens
a. A person who, at the request of the Chief of Police or their designee,
takes a vehicle into custody under the provisions of this chapter
shall have a lien on the vehicle and its contents for reasonable towing
and storage charges, may retain possession of the vehicle until the
charges are paid, and may sell the vehicle to satisfy the lien. The
lien that attaches to the vehicle and its contents shall be a possessory
chattel lien in accordance with ORS 87.152 and may be foreclosed in
the manner provided in ORS 87.152 to 87.212. If the appraised value
of the vehicle is $500 or less, the vehicle may be disposed of in
the manner provided in ORS 819.215.
b. If the vehicle is taken into custody under the provisions of this
chapter and held by the City rather than by a private entity, the
vehicle and its contents shall be disposed of in the manner provided
in ORS 819.210 to 819.110.
3. Pre-tow
investigation and notice. The Police Chief or their designee investigating
a violation of RMC 7.04.170 shall:
a. Conduct a routine investigation to identify the owner and request
removal of the vehicle;
b. Failing to discover the owner by such process, make a diligent inquiry
as to the name and address of the owner by examining the vehicle for
a license plate, vehicle identification number (VIN), make, model,
style, or any other information that will aid in the identification
of the owner. When such vehicle is required by law to be registered
with the Oregon Department of Transportation, the Chief of Police
or their designee shall inquire by license and/or VIN number with
the appropriate division for the name and address of the owner;
c. Whether or not the owner is identified, affix a pre-tow notice upon
the vehicle where it can be easily seen;
d. A vehicle found in violation of RMC 7.04.170 may be taken into custody
with authorization of the Chief of Police or their designee.
4. Contents
of pre-towing notice. Notices placed under RMC 7.04.170 shall contain
the following information:
a. The name of the officer or other City employee issuing the notice;
b. That if the vehicle is not removed within the date/time specified,
the vehicle will be towed and taken into custody for violation of
this chapter;
c. The vehicle will be subject to towing and storage charges and that
a lien will attach to the vehicle and its contents;
d. The vehicle and its contents may be sold to satisfy the towing and
storage charges if they are not paid;
e. The owner may request a hearing before the vehicle is towed, to contest
the proposed custody and removal;
f. The owner may challenge the reasonableness of any towing and storage
charges at the hearing;
g. Contact the Roseburg Police Chief in writing not more than five days
(excluding Saturday, Sun-day, and holidays) from the date of the notice.
The request must state grounds as to why the custody and removal is
not justified;
h. If the vehicle is towed, its location may be obtained by contacting
the Roseburg Police Department.
5. Post-towing
notice.
a. After an abandoned or hazardous vehicle has been towed pursuant to
this chapter, notice shall be mailed within 48 hours of removal (excluding
Saturday, Sunday, and holidays) to the owner. The notice shall contain
the following information:
i. That the Roseburg Police Department has removed the vehicle. The
applicable statute or ordinance by which the vehicle was towed is
cited;
ii. The location of the vehicle;
iii. That the vehicle is subject to towing and storage charges, the amount
of charges that have accrued to the date of notice and daily storage
charges;
iv. That the vehicle and its contents are subject to a lien for payment
of the towing and storage charges and that the vehicle and its contents
will be sold to cover the charges if the charges are not paid by the
date specified;
v. That the owner is entitled to a prompt hearing to contest the validity
of taking the vehicle into custody and to contest the reasonableness
of the towing charges if a hearing is timely requested;
vi. If a hearing is desired, the owner must request a hearing within
five days (excluding Saturday, Sunday, and holidays) from the mailing
date of the notice. The request must be made in writing to the Police
Chief. The request must state the grounds as to why the custody and
removal is not justified;
vii. That the vehicle and its contents may be reclaimed by presenting
proof of ownership, payment of towing and storage charges, or the
deposit of cash security, or a bond equal to the charges, with the
appropriate authority.
b. If the vehicle is registered in Oregon Department of Transportation
records, notice may be addressed to the owner at the latest respective
address shown by those records. If the vehicle is not registered,
reasonable efforts shall be made to ascertain the name and address
of the owner so that notice may be mailed, if reasonably possible,
within the time period outlined in this section.
c. Notice is considered given when a certified letter addressed to the
owner of the vehicle, return receipt requested, and postage prepaid
is mailed within 48 hours (excluding Saturday, Sunday, and holidays)
after the vehicle is taken into custody.
6. Tow
Hearing.
a. Upon request of the owner, a hearing shall be held before the Municipal
Judge. If the vehicle has not been taken into custody before the hearing
request, it will not be removed unless it is a hazard;
b. A hearing shall be set within 72 hours (excluding Saturday, Sunday,
and holidays) of receipt of the request and the owner shall be notified;
c. Towing and storage charges set by law, ordinance, or rule or that
comply with law, ordinance, or rule are reasonable for purposes of
this hearing;
d. Hearings may be informal in nature, but the presentation of evidence
shall be consistent with the presentation of evidence required for
contested cases under ORS 183.450.
7. Decision
of hearing. If the Municipal Judge finds that:
a. The action of the Police Chief or their designee is valid:
i. The vehicle will be held in custody until the costs of the hearing,
towing, and storage are paid by the owner;
ii. If the vehicle has not yet been towed, its removal shall be ordered.
b. The action of the Police Chief or their designee is invalid:
i. Order the immediate release of the vehicle to the owner;
ii. Find that the owner is not liable for towing or storage charges incurred
prior to the hearing;
iii. Order the City to satisfy towing and storage charges incurred prior
to the hearing.
c. The Municipal Judge shall provide a written statement of the results
of the hearing to the person requesting the hearing;
d. The action of the Municipal Judge is final.
8. Failure
to appear. If the person requesting the hearing does not appear at
the scheduled hearing, the Judge shall enter an order supporting the
removal and assessment of towing and storage costs.
9. Exemption
from notice and hearing requirements. A vehicle that is being held
as part of any criminal investigation is not subject to any part of
this chapter.
(Ord. 2945 § 1 (part),
1996; Ord. No. 3571, § 2, 3-14-2022)
No person responsible shall allow a dog to be a nuisance as described in Roseburg Municipal Code Section
6.02.040.
(Ord. 2945 § 1 (part),
1996)
No person responsible or any key personnel as defined by Chapter
9.02 shall cause or allow, on or in property, any other thing, substance, condition or activity prohibited by state law, common law, this Code, or other ordinances, or which is determined by the Council to be injurious or detrimental to the public health, safety or welfare of the City.
(Ord. 2959 § 1 (part),
1996)
The Compliance Officer is authorized and empowered to make lawful inspections of the exterior, interi-or and underneath of any building or structure or premises in the City. Without limiting the foregoing authority, if a structure is determined to be a derelict structure only as a result of being unoccupied and boarded, the Compliance Officer has the authority to inspect the building in conformance with Section
7.06.100 of this Code.
(Ord. 2959 § 1 (part),
1996; Ord. No. 3492, § 2, 12-11-2017)
A. The
person responsible for a nuisance shall be liable for injury, damage
or loss to person or property caused by the failure to abate any nuisance
described in this Chapter.
B. The
City shall not be liable for injury, damage or loss to any person
or property caused in whole or in part by the failure of the person
responsible to comply with this Chapter, or by the failure of the
City as a person responsible to abate a nuisance.
C. Neither
the duty of the person responsible to keep property free of nuisances
nor the person's failure to do so is dependent upon notice from the
City to abate the nuisance.
D. The
person responsible shall defend and hold harmless the City from all
claims for loss or damage arising from the failure to comply with
this Chapter.
(Ord. 2959 § 1 (part),
1996)