As used in this chapter:
"Person"
means a natural person, firm, partnership, association or corporation.
"Person in charge of property"
means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project.
"Person responsible"
means the person responsible for abating a nuisance and includes:
1. 
The owner;
2. 
The person in charge of property, as defined in this section;
3. 
The person who caused a nuisance, as defined in this chapter or another ordinance of the City, to come into or continue in existence.
"Public place"
means a building, way, place or accommodation, publicly or privately owned, open and available to the general public.
"Private place"
means any place other than a public place as defined above.
(Ord. 174 § 1, 1995)
Unless specifically authorized by the City Council for educational or entertainment or other purposes, no person shall keep or maintain livestock, bees, poultry or other animals, excluding household pets, unless the animals are located more than 100 feet from any residence other than the residence of the person who owns the animals. Poultry kept in compliance with this ordinance or authorized by a permit issued by the City Council will include no roosters. The required 100 foot separation applies to any structures that house the animal, either temporarily or permanently, and the area(s) used by the animals for grazing, feeding, exercising and similar activities.
(Ord. 174 § 2, 1995; Ord. 295, 2011)
A. 
No owner or person in charge of any animals shall permit the animal to run at large; including, but not limited to, dogs, chickens or other domestic fowl, horses, mules, cattle, goats and sheep. Methods of control for animals include a leash or demonstrated effective voice command.
B. 
No owner or person in charge of any animals shall allow the animal to deposit solid waste upon any property other than that of the person owning or keeping the animal. It shall, however, be a defense if the owner or person in charge of the animal removes the solid waste.
(Ord. 174 § 3, 1995; Ord. 353 § 1, 2018)
No person shall permit the carcass of any animal he or she owns to remain upon public property, and no person who is the owner or person in charge of property shall permit the carcass of any animal to remain thereon. It shall be the duty of the owner or person in charge forthwith to cause the carcass to be buried or otherwise disposed of.
(Ord. 174 § 4, 1995)
No person shall cause or permit a nuisance affecting public health on property owned or controlled by the person. The following are nuisances affecting public health and may be abated as provided in this chapter:
A. 
Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time and that affect the health of any person;
B. 
Stagnant water that affords a breeding place for mosquitoes and other insect pests;
C. 
Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial waste or other substance placed in or near the water in a manner that will cause pollution of the water;
D. 
Decayed or unwholesome food offered for human consumption;
E. 
Premises that are in such a state or condition as to cause an offensive odor or that are in an unsanitary condition;
F. 
Drainage of liquid wastes from private premises;
G. 
Cesspools or septic tanks that are in an unsanitary condition or that cause an offensive odor;
H. 
Mastics, oil, grease or petroleum products allowed to be introduced into the sewer system by a user connected to the sewer system.
(Ord. 174 § 9, 1995)
It is declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in this City:
A. 
To so maintain such premises as to permit the same to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes appreciable harm or is materially detrimental to proximal properties or improvements; or
B. 
To keep or maintain such premises so out of harmony or conformity with the landscaping and maintenance standards of adjacent properties, as to cause substantial diminution in the enjoyment, use or property value of such adjacent properties;
C. 
To allow a construction site where there has been no noticeable progress toward completion for a period of six months or more to become unsightly with construction debris, mud, standing water, overgrown vegetation, open ditches, or uneven bare ground;
To keep or maintain a structure in such condition that it would be considered a "dangerous building" under the following definitions:
1. 
A structure which, for the want of proper repairs or by reason of age and dilapidated condition or by reason of poorly installed electrical wiring or equipment, defective chimney, defective gas connection, defective heating apparatus, or for any other cause or reason, is especially susceptible to fire and which is so situated or occupied as to endanger any other building or property or human life. Every fence shall be maintained in a condition of reasonable repair, and not be allowed to become or remain in a condition of disrepair including noticeable leaning or missing sections, broken supports, non-uniform height, and growing or noxious vegetation.
2. 
A structure containing combustible or explosive material, rubbish, rags, waste, oils, gasoline or flammable substance of any kind especially liable to cause fire or other danger to the safety of such building, premises or to human life;
3. 
A structure which has been damaged by fire, earthquake, wind, flood or other natural force to a point that it is a danger to other buildings, property or human life;
4. 
A structure which is kept or maintained in a filthy or unsanitary condition, especially liable to cause the spread of contagious or infectious disease or diseases;
5. 
A structure in such weak or weakened, dilapidated or deteriorated condition, as to endanger any person or property by reason of probability of partial or entire collapse.
D. 
To keep or maintain such premises in a manner as to constitute a violation of any provision of Title 9, the zoning and land use provisions of the Yachats Municipal Code.
(Ord. 174 § 10, 1995; Ord. 274, 2007; Ord. 290, 2010; Ord. 372, 8/16/2024
No person shall create a hazard by:
A. 
Maintaining or leaving, in a place accessible to children, a container with a compartment of more than one and one-half cubic feet capacity and a door or lid that locks or fastens automatically when closed and that cannot be easily opened from the inside.
B. 
Being the owner or otherwise having possession of property on which there is a well, cistern, cesspool, excavation or other hole of a depth of four feet or more, and a top width of 12 inches or more and failing to cover or fence it with a suitable protective construction.
(Ord. 174 § 16, 1995)
No owner or person in charge of property shall permit on the property:
A. 
Unguarded machinery, abandoned vehicles, equipment or other devices that are attractive, dangerous and accessible to children.
B. 
Lumber, logs or piling placed or stored in a manner so as to be attractive, dangerous and accessible to children.
This section does not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children.
(Ord. 174 § 17, 1995)
A. 
Every fence shall be maintained in a condition of reasonable repair, and not be allowed to become or remain in a condition of disrepair including noticeable leaning or missing sections, broken supports, non-uniform height, and growing or noxious vegetation. Residential fences shall be constructed of material specifically designed and manufactured for fencing purposes. Use of any material which will do bodily harm, such as electric or barbed wire, upturned barbed selvage, broken glass, spikes, or any other hazardous or dangerous materials shall be prohibited. (Refer to Section 9.04.030 of YMC for definition of "selvage".)
B. 
Electric Fence. No owner or person in charge of property shall construct, maintain or operate an electric fence along a sidewalk or other public way or along the adjoining property line of another person.
(Ord. 174 § 18, 1995; Ord. 372, 8/16/2024
A. 
No person shall keep junk outdoors on a street, lot, or premises, or in a building that is not wholly or entirely enclosed except for doors used for ingress and egress.
B. 
The term "junk" as used in this section, includes, but is not limited to, all motors, motor vehicle parts, abandoned or discarded vehicles, machinery, machinery parts, appliances, iron or other metal, glass, paper, lumber, wood or other waste or discarded material.
C. 
This section does not apply to junk kept in a licensed junk yard or automobile wrecking facility.
(Ord. 174 § 19, 1995)
A. 
No owner or person in charge of real property shall permit, grow or allow noxious vegetation to grow on the property. Nor shall any owner or person in charge of real property permit listed invasive plants within a riparian corridor, as described in Section 9.52.070 of this code (hereafter riparian corridor). Noxious vegetation and invasive plants within a riparian corridor are declared a nuisance, and their presence is non-conforming with the Yachats Comprehensive Plan. Some species of noxious vegetation are declared public health hazards.
B. 
The owner or person in charge of real property shall abate noxious vegetation from the property, or invasive plants within a riparian corridor and do so in a manner that will prevent noxious vegetation from going to seed or propagating by other means. The owner and the person in charge shall be jointly and severally liable for the cost of abatement and may be liable for personal injury or damage resulting from the presence of noxious vegetation knowingly propagated on their property.
C. 
For purposes of this section, "noxious vegetation" is defined as: introduced "weed" species and native vegetation that is, or is likely to become:
1. 
A health hazard, including plants such as Scotch Broom and others that may seasonally cause severe allergic reactions, and plants such as Poison Hemlock which is extremely toxic if ingested. Any such vegetation shall be prima facie evidence of a health hazard;
2. 
A fire hazard, including native and introduced grasses, bushes, weeds or other noxious vegetation allowed to grow in vacant lots or other open areas. Any such vegetation shall be prima facie evidence of a fire hazard;
3. 
A traffic hazard, including the presence of trees, bushes, or other tall vegetation that impairs the view of the public thoroughfare, street corner, path, or trail making use of the thoroughfare hazardous. Any such vegetation shall be prima facie evidence of a traffic hazard;
4. 
An invasive vegetation competitive with, and destructive to, native vegetation and desired landscape and garden plants; or
5. 
A regionally abundant weed of economic importance and which is listed as a noxious weed by Oregon State Department of Agriculture Weed Control Board "B" list and other designated weeds. Of significance, or potential significance, in the Yachats area are the following:
a. 
Canada thistle,
b. 
French broom,
c. 
Gorse,
d. 
Himalayan blackberry,
e. 
Japanese knotweed,
f. 
Poison hemlock,
g. 
Purple loosestrife,
h. 
Scotch broom,
i. 
Waterweed (Elodea),
j. 
Tansy ragwort.
D. 
For purposes of this section, "invasive plants within a riparian corridor" are identified as the following:
1. 
Common Fennel (Foeniculum vulgare);
2. 
Policeman's Helmet (Impatiens glandulifera);
3. 
Knotweeds* Polygonium species *Elimination only by approved practices;
4. 
Old Man's Beard and Silverlace Vine (Clematis vitalba and Polygonum albertii);
5. 
Atlantic, Irish and English Ivy (Cultivars Hedera hibernica and Hedera helix);
6. 
Yellow Flag Iris (Iris pseudacorus);
7. 
Purple Loosestrife and Garden Loosestrife (Lythrum salicaria & Lysimachia vulgaris);
8. 
Butterfly Bush (Buddleja davidii);
9. 
Reed Canarygrass (Phalaris arundinacea).
E. 
No owner or person in charge of property shall allow noxious vegetation to be on property or in the right-of-way of a public thoroughfare abutting the property.
F. 
An owner or person in charge of property, including any property in the right-of-way of a public thoroughfare abutting the property, shall cut down or destroy noxious vegetation determined by the City to be necessary if it is or to prevent it from becoming a health or fire hazard, or, in the case of weeds or other noxious vegetation, from invading an environment otherwise occupied by native vegetation or ornamental plants not listed as noxious vegetation by a County or State Weed Board.
G. 
Questions regarding vegetation identification and methods for the control or eradication of noxious vegetation shall be referred to the Lincoln County Vegetation Management Committee or to the Oregon State Department of Agriculture Weed Control Division, and to the Oregon Revised Statutes, Chapter 570.
H. 
No owner or person in charge of property shall allow the uncontrolled growth and accumulation of dead or dormant weeds, brush, high grass, scotch broom, gorse, blackberries or pampas grass to become a fire hazard. This section shall not apply to any of the following:
1. 
Any maintained landscaped area;
2. 
Any crop grown and maintained for lawful agricultural purposes;
3. 
Any natural area on publicly owned land of Yachats;
4. 
Any property defined as wetlands by proper authority, if control of vegetation would violate federal, state, or county laws; or
5. 
Any property defined as a riparian corridor.
Such vegetation shall be removed or eliminated before July 1st of each year, or at any time the City Council declares a period of extreme fire danger, by cutting to a height of no more than six inches and mulching all cut materials. If any owner or person in charge of property does not comply with this subsection, the City may contract with a firm licensed to do business within the City limits to bring the property into compliance as provided in Section 5.08.250, Summary abatement. The City may recover all costs as provided in Section 5.08.240, Assessment of costs.
I. 
Unless a part of a City-approved natural conditions restoration project, within the first 30 feet of a riparian corridor, nonspecific means, including, but not limited to, chemical sprays, mowers or weed eaters shall not be used to control or remove vegetation.
J. 
Any actual costs incurred by the City in enforcing this section, including, but not limited to, summary or other abatement costs pursuant to subsections B and G of this section, shall become a lien against the property and perfected and recorded as such according to State law.
(Ord. 221, 2001; Ord. 244, 2004; Ord. 283, 2009; Ord. 341, 2016)
A. 
No person shall deposit, on public or private property, rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench or a fire hazard, detract from the cleanliness or safety of the property or would be likely to injure a person, animal or vehicle traveling on a public way.
B. 
No person shall deposit into public trash, rubbish, debris, or refuse which was generated from a residence or business into public trash receptacles in City parks.
C. 
No person shall store or hold trash in such a manner which enables animals, wild or domestic, to scatter trash. No person shall scatter or deposit any food or other attractants on public or private property with the intent of attracting and/or feeding wild animals, including, but not limited to, bears, raccoons, and deer. This section shall not apply to bird feed held in receptacles which are reasonably designed to avoid access by wild animals such as bears, raccoons and deer or scattering food for wild birds which is consumed immediately and in the presence of the person intending to feed the wild birds.
D. 
No person shall deposit, on public or private property oceanward of the ocean bluff line, yard debris, lawn clippings, or any form of rubbish, trash or refuse.
(Ord. 174 § 21, 1995; Ord. 240, 2003; Ord. 254, 2005)
A. 
No owner or person in charge of property that abuts a street or public sidewalk shall permit trees or bushes on the property to interfere with street or sidewalk traffic. An owner or person in charge of property that abuts a street or public sidewalk shall keep all trees and bushes on the premises, including the adjoining parking strip, trimmed so that any overhanging portions are at least eight feet above the sidewalk and at least 12 feet above the roadway.
B. 
No owner or person in charge of property shall allow a partially or entirely dead or decaying tree to stand if it is a hazard to the public or to persons or property on or near the property.
(Ord. 174 § 22, 1995)
A. 
No owner or person in charge of a building or structure shall permit rainwater, ice or snow to fall from the building or structure onto a street or public sidewalk.
B. 
The owner or person in charge of property shall install, maintain in a proper state of repair, adequate drainpipes or a drainage system, so that overflow water accumulating on the roof or about the building is not carried across or on the sidewalk.
C. 
No owner or person in charge of property shall allow sheets or streams of water, other than natural streams or surface runoff caused by rain, to run over the edge of the ocean bluff.
(Ord. 174 § 23, 1995; Ord. 254, 2005)
A. 
No person shall operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonable preventable interference with radio or television reception by a radio or television receiver of good engineering design.
B. 
This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission.
(Ord. 174 § 31, 1995)
No person shall create, assist in creating, permit, continue or permit the continuance of any loud, disturbing or unnecessary noise. The following acts are declared to be violations of this section, but such enumerations shall not be deemed to be exclusive:
A. 
The keeping of any animal or fowl which, by frequent or loud continued noise, shall disturb the comfort, repose or quiet enjoyment of the premises of any person in the vicinity;
B. 
The use of any automobile, motorcycle or other vehicle, any engine, stationary or moving instrument, device or thing so out of repair, so loaded or operated in such a manner as to create loud or unnecessary grating, grinding, rattling or other noises;
C. 
The excessive, unnecessary sounding of any horn or other audible signaling device on any automobile, motorcycle or other vehicle on any street or public place, except as a necessary warning of danger to property or persons;
D. 
The use of any mechanical device operated by compressed air, steam or otherwise, unless the noise created thereby is effectively muffled;
E. 
The erection, including excavation, demolition, alteration or repair of any building, other than between the hours of 7:00 a.m. and 6:00 p.m., except in case of urgent necessity in the interest of public welfare and safety and then only with a permit granted by the City Recorder for a period not to exceed 10 days. Such permit may be renewed for periods of five days while such emergency continued to exist. If the Council determines that the public health, safety and welfare will not be impaired by the erection, demolition, alteration or repair of any building between the hours of 6:00 p.m. and 7:00 a.m. and if the Council shall further determine that loss or inconvenience would result to any person unless such work were permitted within those hours, the Council may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m. upon application therefore being made at the time the permit for the work is awarded or during the progress of the work.
The owner or occupant of a property may do work on the property they occupy between the hours of 6:00 p.m. and 10:00 p.m. without obtaining a permit as herein required.
F. 
The use of any siren or other audible emergency signaling device upon any vehicle other than police, fire or other emergency vehicle;
G. 
The operation of any gasoline engine without having the same equipped with and using thereupon an exhaust muffler;
H. 
The use of an exhaust muffler cutout on any motor vehicle upon any street or way;
I. 
The use or operation of any television, phonograph, radio, loudspeaker or other sound-amplifying device so loudly as to disturb the persons in the vicinity thereof, or in such manner as renders the same a public nuisance; provided, however, that upon application to the City, permits may be granted to responsible persons or organizations to broadcast programs of music, news, speeches or general entertainment or advertisement.
Exemption. The use of carillons in an average range not to exceed 75 decibels with no more than two spikes to exceed 80 decibels in a five minute period and the amount of carillon playing not to exceed five minutes in a 24 hour period.
(Ord. 174 § 32, 1995; Ord. 263, 2006)
A. 
Exterior lighting shall not be directed from the property of the owner onto private residential or commercial property, streets, parklands, or other public properties.
B. 
Non-directional porch lights of 100 watts or less are not affected by this provision. For the purposes of this code section, a directional light is one that by means of a lens, reflector or other means directs the light in a desired direction.
C. 
Where a public safety concern can be demonstrated, the City may grant exceptions.
D. 
Adjacent commercial property owners may have shared lighting so long as the property of others is not affected.
(Ord. 256, 2005)
A. 
No person may affix or cause to be distributed any placard, bill, advertisement, poster or telephone directory upon real or personal property, public or private property, without first securing permission from the owner or person in charge of the property. This section shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the City regulating the use of and the location of signs and advertising.
B. 
This section does not prohibit the distribution of advertising material during a parade or other approved public gathering.
(Ord. 174 § 33, 1995; Ord. 280, 2008)
A. 
The acts, conditions or objects specifically enumerated and defined in Sections 5.08.020 through 5.08.170, are declared public nuisances and may be abated by the procedures set forth in this chapter.
B. 
In addition to the nuisances specifically enumerated in this chapter, the City Council may declare every other thing, substance or act that is determined by it to be injurious or detrimental to the public health, safety or welfare of the City to be a public nuisance and such public nuisance may be abated as provided in this chapter.
(Ord. 174 § 34, 1995)
At least 10 days prior to the hearing at which the nuisance determination shall be made, the City Recorder shall notify the owner or person in charge of the property involved of the time and place of the hearing. For the purposes of this section, notice is sufficient if it is:
A. 
Mailed by certified mail to the last known address of record of the owner or person in charge; and
B. 
Posted at the site of the property involved.
(Ord. 174 § 35, 1995)
A. 
On determination by the City Council that a nuisance exists, the City Recorder shall:
1. 
Cause a notice to be posted on the premises or at the site of the nuisance, directing the person responsible to abate the nuisance;
2. 
Cause a copy of the notice to be forwarded, certified mail, to the person responsible at the person's address of record or if there is no address of record then to the last known address of the person.
B. 
The notice above shall contain:
1. 
A description of the real property, by street address on which the nuisance exists;
2. 
A direction to abate the nuisance within 10 days from the date of the notice;
3. 
A description of the nuisance;
4. 
A statement that, unless the nuisance is removed the City may abate the nuisance and the cost of abatement will be charged to the person responsible;
5. 
A statement that failure to abate a nuisance may warrant imposition of a fine and that a lien shall be placed upon the property of the person;
6. 
A statement that the person responsible may protest the order to abate by giving notice to the City Recorder within 10 days from the date of the notice.
C. 
If the person responsible is not the owner, an additional notice shall be sent to the owner at his or her address of record, stating that the cost of abatement not paid by the person responsible may be assessed to and become a lien on the real property.
D. 
Upon completion of the posting and mailing, the person posting and mailing shall execute an affidavit stating the date and place of the mailing and posting.
E. 
An error in the name or address of the person responsible shall not make the notice void, and in such case the posted notice shall be sufficient.
(Ord. 174 § 36, 1995)
A. 
Within 10 days after the posting and mailing of notice as provided in Section 5.08.200, the person responsible shall remove the nuisance or request a hearing on the basis that no nuisance exists.
B. 
A person responsible, protesting that no nuisance exists, shall file a written statement that specifies the basis for the protest with the City Recorder.
C. 
The statement shall be referred to the City Council as a part of its regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the person protesting may appear and be heard by the City Council. The City Council shall determine whether a nuisance in fact exists, and the determination shall be required only in cases where a written protest that no nuisance exists has been filed as provided.
D. 
If the City Council determines that a nuisance in fact exists, the person responsible shall abate the nuisance within 10 days after the Council determination or such later period as the Council may allow in it discretion.
(Ord. 174 § 37, 1995)
If more than one person is a person responsible, they shall be jointly and severally responsible for abating the nuisance.
(Ord. 174 § 38, 1995)
A. 
If the nuisance has not been abated by the person responsible within the time allowed, the City Council may cause the nuisance to be abated.
B. 
The City official or designee charged with abatement of the nuisance shall have the right to enter into or upon property at reasonable times to investigate or cause the removal of a nuisance.
C. 
The City Recorder shall keep an accurate record of the expenses incurred by the City in physically abating the nuisance and shall include a charge of 15% of actual expenses for administrative costs.
(Ord. 174 § 39, 1995)
A. 
The City Recorder shall forward to the owner and the person responsible, by registered or certified mail, a notice stating:
1. 
The total cost of abatement, including the administrative costs;
2. 
That the costs as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice;
3. 
That if the owner or the person responsible objects to the cost of the abatement as indicated, a notice of objection may be filed with the City Recorder not more than 10 days from the date of notice.
B. 
No sooner than 30 days after the date of the notice, the City Council, in the regular course of business, shall hear and make a decision on the objections to the costs assessed.
C. 
If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs, as stated or as decided by the City Council, shall be made by resolution and shall be entered in the docket of the City liens. When the entry is made, it shall constitute a lien on the property from which the nuisance was removed or abated.
D. 
The lien shall be enforced in the same manner as other City liens are enforced and shall bear interest at the maximum allowed at the time of the lien. The interest shall begin to run from the date of entry of the lien in the lien docket.
E. 
An error in the name of the owner or the person responsible or a failure to receive the notice of the proposed assessment will not void the assessment, and it shall remain a valid lien against the property.
(Ord. 174 § 40, 1995)
The procedure provided by this chapter is not exclusive, but is in addition to procedure provided by other ordinances. Any City official may proceed summarily to abate a health or other nuisance which exists and which in the opinion of the City official imminently endangers human life or property.
(Ord. 174 § 41, 1995)
A. 
Any person who violates any of the provisions of Sections 5.08.050 through 5.08.080 and 5.08.100 commits a Class A civil infraction.
B. 
Any person who violates any of the provisions of Sections 5.08.090, 5.08.150 and 5.08.180 commits a Class B civil infraction.
C. 
Any person who violates any of the provisions of Sections 5.08.020 through 5.08.040, 5.08.110 through 5.08.140 and 5.08.160 commits a Class C civil infraction.
D. 
Any person who violates any of the provisions of Section 5.08.170 commits a Class D civil infraction.
(Ord. 174 § 42, 1995)
A. 
Each day's violation of a provision of this chapter constitutes a separate offense.
B. 
The abatement of a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance. However, abatement of a nuisance within 10 days of the date of notice to abate, or if a written protest has been filed, then abatement within 10 days of City Council determination that a nuisance exists, will relieve the person responsible from the imposition of a fine under Section 5.08.260.
(Ord. 174 § 43, 1995)