For purposes of this chapter, except where the context indicates otherwise, the following terms shall have the meaning given them in this section:
"City"
means Happy Valley.
"Dilapidated/derelict structure"
means a structure which through neglect or damage lacks necessary repairs or is otherwise in a state of decay or partial ruin to such an extent that the structure is a hazard to the health, safety and welfare of the general public and surrounding property owners, is unfit for human occupancy and is considered uninhabitable. Dilapidated/derelict structures include dwellings and other structures not occupied by a legal or equitable owner thereof, or by a lessee, and into which there are one or more unsecured openings, including, but not limited to: broken windows; unlocked doors or doorways missing doors; holes in the exterior walls or roof; broken basement, foundation or cellar hatchways; or other similar unsecured openings which would facilitate an unauthorized entry into the structure.
"Explosives"
means chemical compounds, mixtures or devices, the primary purpose of which is to function by explosion including but not limited to such things as dynamite, nitroglycerin, black powder, blasting caps and fireworks as the latter are defined by Oregon law.
"Graffiti"
means any drawing, inscription, writing, figure or mark made upon an exposed surface including but not limited to any wall, rock, bridge, fence, tree, motor vehicle, sidewalk, street, whether publicly or privately owned with paint, chalk, dye, ink, pencil, wax or similar substance or by etching scratching, cutting, burning or carving without the express consent of the owner of said exposed surface.
"Inoperable vehicle"
means any vehicle which has no current valid state vehicle license and which cannot be moved without being repaired or dismantled or which is no longer usable for the purposes for which it was manufactured. This definition shall not include any vehicle kept in a enclosed building or any vehicle kept on the premises of a business lawfully engaged in wrecking, junking or repair of vehicles.
"Junk"
means and shall include used motors, motor parts, abandoned or unusable motor vehicles including trucks, tractors, trailers, parts removed from vehicles, household appliances, scrap iron, tin, plastic, glass and paper.
"Person in charge of property"
means an agent, occupant, lessee, contract purchaser, or person, other than the owner, having possession or control of the property.
"Public place"
means a building, place, or accommodation, whether publicly or privately owned, open and available to the general public.
(Ord. 268 § 1, 2003; Ord. 526 § 1, 2017)
A. 
No owner or person in charge of property on which a dilapidated/derelict structure, as defined in Section 8.08.010, is located shall allow, permit or suffer any portion(s) of such structure to remain in a dilapidated/derelict condition for a period in excess of 30 days.
B. 
In the event an owner or person in charge of property is found to have violated the terms of subsection A of this section, that person will be subject to the imposition of a civil penalty in an amount of not less than $250 per day for each day of the first 30 days of the violation. In the event the court finds the violation to have existed for a period in excess of 30 days but less than 90 days, the minimum civil penalty shall increase to not less than $350 per day for each day of violation between day 31 and day 90. In the event the violation has existed for a period in excess of 90 days, the minimum civil penalty shall be $500 per day for each day of the violation beyond day 90.
(Ord. 526 § 1, 2017)
A. 
No owner or person in charge of property on which a dwelling or other structure is located where an on-going construction project involving the exterior of the dwelling or structure (including, but not limited to, the roof, windows, doors, and exterior walls) is occurring shall allow, permit or suffer any exterior portion(s) thereof being affected by the construction activity to remain in a substantially uncompleted or unfinished state for a period in excess of one year.
B. 
In the event an owner or person in charge of property is found to have violated the terms of subsection A of this section, they will be subject to the imposition of a civil penalty in an amount of not less than $250 per day for each day of the first 30 days of the violation. In the event the court finds the violation to have existed for a period in excess of 30 days but less than 90 days, the minimum civil penalty shall increase to not less than $350 per day for each day of violation between day 31 and day 90. In the event the violation has existed for a period in excess of 90 days, the minimum civil penalty shall be $500 per day for each day of the violation beyond day 90.
(Ord. 287 § 2, 2004)
No owner or person in charge of property may permit or cause a nuisance affecting public health. The following are nuisances affecting public health and may be abated as provided in this chapter.
A. 
Privies. An open vault or privy constructed and maintained within the city, except those constructed and maintained in connection with construction projects consistent with state law.
B. 
Debris on Private Property. Accumulations of debris, rubbish, manure and other refuse located on private property that are not removed within a reasonable time and that affect the health, safety or welfare of the city.
C. 
Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests.
D. 
Water Pollution. Pollution of a body of water, well, spring, stream or drainage ditch 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.
E. 
Food. Decayed or unwholesome food offered for human consumption.
F. 
Odor. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition.
G. 
Surface Drainage. Drainage of liquid wastes from private premises.
H. 
Dilapidated/Derelict Structures. Dilapidated/derelict structures as defined in Section 8.08.010.
(Ord. 268 § 1, 2003; Ord. 526 § 1, 2017)
A. 
Backyard burning of yard, tree, and garden debris is prohibited except as provided in subsection B of this section.
B. 
The following activities are exempted from the prohibition in subsection A of this section:
1. 
Outdoor fires used for pleasure, religious or cooking purposes when the fire is contained in a fireplace, barbecue grill or pit, or other enclosure intended for outdoor recreation or cooking. However, no outdoor fire is permitted in any type of burn barrel.
2. 
Outdoor fires when a person first obtains a burning permit from the city. All burning must be by permit and must comply with the requirements of the Office of the State Fire Marshals, Department of Environmental Quality and city council resolution.
(Ord. 335 § 1, 2006)
A. 
Prohibited Actions.
1. 
An owner or person in charge of residential property may not permit or cause light trespass, glare, or light pollution that negatively impacts adjacent residential properties or the public right-of-way.
2. 
Exterior light fixtures shall be located and designed so that the light source, when viewed at a height of five feet above the ground at a distance of five feet outside the boundary of the lot, is either:
a. 
Completely shielded from direct view; or
b. 
No greater than five foot-candles in illumination.
B. 
Definitions.
"Exterior lighting"
means any artificial light source installed outdoors, including, but not limited to, security lights, floodlights, and decorative lights.
"Five foot-candles"
means a measure of light intensity equivalent to the light produced by a standard candle at a distance of five feet.
"Light trespass"
means the shining or reflecting of exterior lighting onto adjacent properties or the casting of glare onto the public right-of-way.
"Residential"
means property that is zoned for or in residential use.
(Ord. 576 § 1, 2023)