For the purpose of this chapter, the following terms have the following meanings:
"City Manager"
means the City Manager or designee.
"Owner"
means the person or persons of record having any legal or equitable interest in property.
"Person in charge of property"
means an agent, occupant, lessee, contract purchaser, tenant, or person other than an owner, having possession or control of the property.
"Person responsible"
is the person responsible for abating a nuisance and shall include the owner and the person in charge of property.
(Ord. 2007-09B §2)
A. 
The acts, conditions, or objects specifically described in this chapter are declared to be public nuisances and the City Manager may abate them by the non-exclusive remedies provided in this chapter.
B. 
In addition to the nuisances specifically described in the chapter, every other act, condition, or object that is determined by the City Council to be injurious or detrimental to the public health, safety or welfare of the City is declared to be a public nuisance and may be abated by the non-exclusive remedies provided in this chapter.
(Ord. 2007-09B §2)
No owner or person in charge of property may permit or cause to occur a nuisance affecting public health. As used in this section, a "nuisance affecting public health" includes the following:
A. 
Air Quality Violations. An Oregon Department of Environmental Quality, Air Quality Division Notice of Noncompliance that coincides with a geographic incidence patters of atypical respiratory health issues experienced by persons within a close vicinity to the property.
B. 
Odor. Premises or substances that are in such a state as to cause an offensive odor or which are in an unsanitary condition.
C. 
Noise. No person shall conduct or maintain any condition, activity, operation or vocation that causes noise offensive to the public under Chapter 9.13 of the Molalla City Code.
D. 
Solid Wastes. Accumulation or storage of solid wastes (as defined by Section 8.08.020(J) of the Molalla Municipal Code) located on private property that are not removed within a reasonable time and that affect the health, safety or welfare of the City.
E. 
Privies. Open vaults or privies constructed and maintained within the City, except those constructed or maintained in connection with construction projects in accordance with appropriate Oregon Department of Human Services, Public Health Division Regulations.
F. 
Stagnant Water. Stagnant water that affords a breeding place for mosquitoes and other insect pests.
G. 
Dust. No person shall conduct or maintain any condition, activity, operation or vocation upon private property that causes dust to visually obscure a public right-of-way with the effect of slowing traffic flow or damage surrounding private property, real or personal.
H. 
Water Pollution. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial waste or other substances placed in or near such water in a manner that will cause harmful material to pollute the water.
I. 
Surface Drainage or Release. Drainage of liquid waste from private premises or drainage or release of impounded rainwater, ice or snow from private premises onto or across a street or sidewalk.
J. 
Building Material. Lumber, wood, sawdust, bricks, sand, gravel and other building materials not stored off the ground or which is stored in a manner so as to invite rats or other rodents to nest therein. To include a residential zone or side yard visible from the public right-of-way.
K. 
Sanitation. A business or residence that is kept or maintained in such a condition as to permit rats, rodents, vermin, or other pests to burrow or live therein.
(Ord. 2007-09B §2; Ord. 2008-12 §1)
No owner or person in charge of property may permit or cause a nuisance affecting public safety. As used in this section, a "nuisance affecting public safety" includes the following:
A. 
Garbage Removal. The person in charge of each business establishment or dwelling unit within the City is responsible for removing refuse, garbage, trash and combustible material from the premises on a not less than weekly basis and before it becomes a hazard, nuisance or causes an unsanitary or offensive condition.
B. 
Creating a Hazard. No person shall create a hazard by:
1. 
Maintaining or leaving in a place accessible to children a container with a door or lid which blocks or fastens automatically when closed and that cannot be easily opened from the inside;
2. 
Being the person responsible for property upon which there is a well, cistern, cesspool, excavation, or other hold of a depth of four feet or more and a top width of 12 inches or more, and failing or refusing to cover or fence it with suitable protective construction; and
3. 
Maintaining filth, rubbish, waste material, and any other substance that may endanger or injure neighboring property, passerby, or the public. All persons must keep the sidewalk and their side of any adjacent street or streets immediately abutting their property free from earth, rock, and other debris and from projecting or overhanging bushes, brush, and dead and decaying trees and limbs that might obstruct or render unsafe the passage of persons or vehicles.
C. 
Outdoor Burning. The City declares outdoor offensive burning to be a nuisance affecting the public safety of the residents of the City of Molalla. It is unlawful for any person to burn, dump, collect, remove or in any other manner accumulate or dispose of garbage upon any street, alley, public place or private property within the City. Wastepaper, rubbish, and debris, brush, grass, wood and cuttings from trees may be burned in furnaces outside fireplaces or incinerators on private property. Such materials may be burned in open fires only upon permit issuance from the Fire Chief. Paper, cardboard, and wood containers in commercial quantities may not be burned. It shall always be unlawful to burn within the City any wet garbage or other substance which creates fowl or obnoxious odors.
D. 
Attractive Nuisances. No owner or person in charge of property may permit:
1. 
Unguarded machinery, equipment or other devices on the property that is attractive, dangerous and accessible to children.
2. 
Lumber, logs or pilings placed or stored on the property in a manner that is attractive, dangerous and accessible to children.
3. 
An open pit, quarry, cistern or other excavation without erecting appropriate safeguards or barriers to prevent the places from being used by children.
4. 
This section does to apply to permitted construction projects if safeguards are maintained designed to prevent injury or death to children.
E. 
Open Storage of Junk. No owner, tenant, person in possession, or person in charge of or having the care of any real property, may park, deposit, store, maintain, keep, leave, or permit the parking, depositing, storing, maintaining, keeping, or leaving on any real property within the City, (outside a building or garbage receptacle) any of the following:
1. 
Inoperable motor vehicles, unusable or partially dismantled automobiles, cars, trucks, trailers and other vehicular equipment or parts thereof, in a state of disrepair for more than 30 calendar days as to any one automobile, car, truck, trailer or piece of vehicular equipment. Except that this paragraph does not apply to a duly licensed recycling facility, automobile wrecking business, business offering new or used vehicles for sale, or a business offering vehicle repair services so long as all vehicles, automobiles, trailers, or parts thereof are stored inside of a site obscuring enclosure.
2. 
Used or dismantled household appliances, furniture or parts thereof, or discards, garbage, debris, rubbish, junk, trash or refuse for more than five days. Except that this paragraph does not apply to a duly licensed recycling facility or solid waste transfer facility so long as the contents are stored in a site obscuring enclosure.
3. 
This section does not apply to those materials reasonably necessary during a reasonable time on construction sites.
4. 
For purposes of this section "inoperable motor vehicle" is given the definition set forth in Molalla Municipal Code Section 10.08.170 "Vehicle, inoperable."
F. 
Rubbish. No person shall throw, dump or deposit upon public or private property injurious or offensive substance(s) or any rubbish, trash, debris, refuse or substance(s) that may mar the appearance, create a stench, detract from the cleanliness or safety of the property, or would be likely to injure an animal, damage a vehicle or harm a person traveling on a public way.
G. 
Noxious Vegetation. An owner or person in charge of property shall cut down, remove or destroy noxious vegetation from their property and extending halfway into the public way abutting the property as often as needed to prevent it from becoming a health or fire hazard, or in the case of weeds or other noxious vegetation, from maturing or from going to seed. For purposes of this section, "noxious vegetation" means:
1. 
Vegetation that is, or is likely to become:
a. 
A health hazard;
b. 
A fire hazard;
c. 
A traffic hazard, because it impairs the view of the public thoroughfare, or otherwise makes use of the thoroughfare hazardous.
2. 
Poison oak (Toxicodendron diversiloba).
3. 
Poison ivy (Toxicodendron radicans).
4. 
Blackberry bushes extending into a public way, pathway frequented by pedestrians, or cross a property line.
5. 
Grass or weeds more than six inches high.
6. 
Scotch broom (Cytisus scoparius), Himalayan blackberry (Rubus procerus), hogwood (Heracleum mantegazzianum), knotweed (Polygonum cuspidatum) and purple loosestrife (Lythrum salicaria).
7. 
All other vegetation included in the Oregon Department of Agriculture Noxious Weed Control Policy and Classification System, found at Oregon Administrative Rule 603-052-1200.
(Ord. 2007-09B §2; Ord. 2024-05, 10/9/2024)
A. 
Upon a determination by the City Manager that a nuisance defined by this chapter or any City ordinance exists, or upon a determination by the City Council that a general nuisance exists, the City Manager may cause a notice to be posted on the premises where the nuisance exists, directing the person responsible to abate the nuisance. The notice will be in substantially the following form:
NOTICE TO ABATE NUISANCE
To the owner, person responsible, and person in charge of the following described real property: _______________, in the City of Molalla, Oregon: You are given notice to abate the nuisance existing on the described property within 10 days from the date of this notice. The nuisance consists of:_______________. Alternatively, within 10 days from the date of this notice, you may protest this order by filing written notice with the City of Molalla Administrator stating why you believe that no nuisance exists. If you fail to abate this nuisance within the 10 days, you will be subject to fine and the City of Molalla will abate the nuisance. The fine and costs of such removal or abatement will be charged to the property owner, and may become a lien on the property.
DATED: _______________
City Manager
B. 
The City Manager or designee shall mail a copy of the abatement notice by first class mail and certified mail, return receipt requested, to the person responsible, directed to the address of such person responsible as is shown in the property records of Clackamas County, and if not the same, also to the address of the property stating that the cost of abatement not paid by the person responsible may be assessed to and become a lien on the property.
C. 
The City Manager shall refer a protest notice to the Municipal Court Judge not later than 30 days after receipt thereof. Notice of the time and place of the Court's consideration of the matter shall be given to the person filing the notice of protest not less than five days prior to said consideration. At the time set, the person protesting may appear and be heard and the Court will determine whether a nuisance exists. The determination will be entered in the Court's records.
D. 
If the court determines that a nuisance exists, the person responsible must abate the nuisance within 10 days after such determination.
(Ord. 2007-09B §2)
A. 
Within 10 days after the latter of either the posting or mailing or publishing of the notice as provided in Section 8.05.050, the person responsible shall abate the nuisance or show that no nuisance exists or is likely to reoccur.
B. 
A person responsible who protests that no nuisance exists must file with that protest a written statement stating the basis for protesting the existence of the nuisance not later than 10 days of the date of the mailing of the notice.
C. 
The City Manager shall refer a protest notice to the Municipal Court Judge not later than 30 days after receipt thereof. Notice of the time and place of the Court's consideration of the matter shall be given to the person filing the notice of protest not less than five days prior to said consideration. At the time set, the person protesting may appear and be heard and the Court will determine whether a nuisance exists. The determination will be entered in the Court's records.
D. 
If the court determines that a nuisance exists, the person responsible must abate the nuisance within 10 days after such determination.
(Ord. 2007-09B §2)
A. 
If, within the 10 days (or such further time as the City Manager or Municipal Court Judge deem appropriate) the nuisance has not been abated, the City may, through the offices of the City Manager, cause the nuisance to be abated or removed, and the costs reasonably incurred (including costs for staff, contractor, and consultant time) thereby may be charged as an assessment lien upon the property.
B. 
The person charged with removal or abatement of the nuisance has the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance, and shall have the authority to dispose of all seized property in any manner deemed suitable and shall, if practical, attempt to obtain salvage value for material which item has a fair market value in excess of $25.00 as determined by said person.
C. 
The City Manager will keep an accurate record of the expenses incurred by the City in abating the nuisance and an additional charge of 20% for administrative overhead. After the removal or abatement of the nuisance, City staff, consultant(s) or other person charged with the abatement on behalf of the City will file a statement of all abatement expenses with the City Manager.
(Ord. 2007-09B §2)
A. 
Upon receipt of the statement referred to in Section 8.05.070, the City Manager will send, by first class mail and certified mail, return receipt requested, the person responsible a notice stating:
1. 
The total expense of abatement, including the administrative overhead and other costs and materials minus any salvage value pursuant to Section 8.05.070(B).
2. 
That the total expense as stated will be assessed to and become a lien against the property unless paid with 30 days from the date of mailing the notice.
3. 
That for the period until the 30-day notice has lapsed, the City Manager shall temporarily enter the cost of abatement in the City's lien docket.
4. 
That if the person responsible wants to object to the costs of the abatement as stated, a written statement of objection must be filed with the City Manager not more than 10 days from the date of mailing the notice, setting out in reasonable specificity the basis for any objection to the abatement. If a statement of objection is received, the City Manager shall set the matter for review by the Municipal Court.
B. 
In the event that the certified mail and regular first class mail, postage prepaid, is returned to the City by the postal service, then the code enforcement officer shall post the notice on the property in question or publish the notice two times in a newspaper of general circulation.
C. 
Not later than 60 days from the City Manager's receipt of an objection, the Municipal Court will hear and determine the objections to the expenses to be assessed. The decision of the Municipal Court on the objections will be final.
D. 
If the costs of the abatement are not paid within 30 days from the date of the notice, or the date the notice was posted or published, whichever is later, or if objections were filed and a hearing by the Municipal Court had, not later than 30 days from the date of the Court's hearing, an assessment of the costs as stated or as determined by the City Manager or Municipal Court, whichever is appropriate, will be made by resolution of the City Council and entered in the docket of City liens. When the entry is made, the assessment will become an assessment lien upon the property from which the nuisance was removed or abated.
E. 
The lien shall be enforced and collected in the same manner as liens for street improvements, and bear simple interest at the rate of 12% per annum. The interest will begin to run from the date of the entry of the lien in the lien docket.
F. 
An error in the name of the person responsible will not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void. The assessment will remain a valid lien against the property.
(Ord. 2007-09B §2)
Whenever procedures are instituted to abate a nuisance defined under Section 8.05.040(F), the required mailings of notice may be performed by use of ordinary mail. The notice may be supplemented with a statement that the City, for a given fee, will cut the noxious vegetation at the written request of the person responsible.
(Ord. 2007-09B §2)
A. 
The procedures provided by Sections 8.05.050 to 8.05.080 are not exclusive. In addition, the City Manager, Fire Chief, any City police officer, or the City Building Inspector may summarily abate a nuisance that creates an imminent danger to human life or property, after determining that the summary abatement is the only adequate method to reduce or eliminate the danger.
B. 
A person responsible for the nuisance condition shall pay the cost of summary abatement incurred by the City and the property shall be subject to an assessment and placement of a lien in accordance with this chapter.
C. 
When summary abatement is used, notice to the person responsible prior to abatement is not required. Following summary abatement, the City Manager will post upon the property liable for the abatement of the nuisance a notice describing the action taken to abate the nuisance and send a copy of said posted notice by certified mail, return receipt requested to the owner of record of the property as shown by the property records of Clackamas County.
D. 
The term "summary abatement" as used in this chapter means abatement of a nuisance by the City by any act(s) necessary and without prior notice of said abatement to the person responsible.
E. 
When pre-abatement notice cannot be given due to the nature of the nuisance and the necessity for the use of a summary abatement, a person responsible may file a request for a post-abatement protest under Section 8.05.060.
(Ord. 2007-09B §2)
A. 
The abatement procedures provided herein are not exclusive, and the Council may authorize the City Attorney to institute and prosecute, on behalf of the City and in its name, an appropriate legal action to enjoin and abate the creation, maintenance of continuance of any nuisance. Such action will seek recover of all City costs and reasonable attorney fees as may be allowed by the court and appellate court.
B. 
Any person affected by a violation of the terms of this chapter may, after giving not less than 10 days written notice by first class and certified mail, return receipt requested to the person responsible or business alleged to be in violation of said provision(s), bring an action to enforce the terms of this chapter in a court of competent jurisdiction. Any person bringing an action to enforce the terms of this chapter may, in the court's discretion, be entitled to the award of their reasonable attorneys fees and such injunctive or other relief (including damages) as the court deems fair, appropriate, just and equitable.
(Ord. 2007-09B §2)
A. 
A violation of any provision of this chapter is punishable upon conviction by a fine not to exceed $500.00.
B. 
Each day's violation of a provision of this chapter constitutes a separate offense.
C. 
The abatement of a nuisance is not a penalty for a violation of this chapter, but is an additional remedy. Furthermore, imposition of a penalty under this chapter does not relieve a person of the duty to abate a nuisance.
(Ord. 2007-09B §2)
If any provision of this chapter, or its application to any person or circumstance, is held to be invalid for any reason, the remainder of the chapter, or the application of its provisions to other persons or circumstances, shall not in any way be affected.
(Ord. 2007-09B §2)