Except where the context indicates otherwise, the singular number includes the plural and the masculine gender includes the feminine, and the following definitions shall apply:
"City"
means the City of Milwaukie.
"City manager"
means the City Manager or person authorized by the City Manager.
"Council"
means the governing body of the City.
"Habitat pile"
means a pile of limbs and branches constructed for the purpose of attracting birds or wildlife. A habitat pile shall not include lumber or any treated or previously treated wood.
"Inoperable vehicle"
means any vehicle which has no current valid state vehicle license, or which cannot be moved without being repaired or dismantled, or which is no longer usable for the purposes for which it was manufactured, and which has been in that condition for at least 15 days. Inoperable vehicle does not include any vehicle kept in an enclosed building or any vehicle kept on the premises of a business lawfully engaged in wrecking, junking, or repair of vehicles.
"Person"
means a natural person, firm, partnership, association, or corporation.
"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. 1028 § 1, 1964; Ord. 1961 § 2, 2006; Ord. 2101 § 1, 2015)
The acts, conditions, or objects specifically enumerated and defined in Sections 8.04.030 through 8.04.155 of this chapter are declared to be public nuisances and such acts, conditions, or objects may be abated by any of the procedures set forth in Sections 8.04.170 through 8.04.210 of this chapter.
(Ord. 1028 § 17, 1964)
A. 
No person may maintain a pigsty, slaughterhouse, or tannery, or permit livestock or poultry owned by him or her to run at large within the City.
B. 
Livestock or poultry or other animals or fowls running at large in the City may be taken up and impounded by a Police Officer and disposed of in accordance with proper procedures.
(Ord. 1028 § 4, 1964)
No person may permit any fowl or animal carcass owned by him or her or under his or her control to remain upon the public streets or places, or to be exposed on private property, for a period of time longer than is reasonably necessary to remove or dispose of such carcass.
(Ord. 1028 § 5, 1964)
No person may permit or cause a nuisance affecting public health. The following are nuisances affecting the 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 or maintained in connection with construction projects in accordance with the State Board of Health regulations.
B. 
Debris on Private Property
Accumulations of debris, rubbish, manure, and junk, junk machinery, or junk vehicles of any kind, inoperable vehicles, and other refuse located on private property that are not removed within a reasonable time.
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 which is 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. 
Smoke, etc.
Dense smoke, noxious fumes, gas soot, or cinders in unreasonable quantities.
I. 
Harborage for Rats
It is unlawful for any person who owns and/or is in charge of property to allow the accumulation of any litter, filth, garbage, decaying animal or vegetable matter, which may or does offer harborage or source of food for rats.
J. 
Properties Declared "Unfit for Use"
Property placed on the Oregon Health Division "Unfit for Use List" because it has been used for the manufacture of illegal drugs and that has not been issued a "Certificate of Fitness" by the Oregon Health Division.
(Ord. 1028 § 6, 1964; Ord. 1377 § 1, 1977; Ord. 1959 § 1, 2006; Ord. 1961 § 1, 2006; Ord. 2064 § 1, 2013)
No person may leave in a place accessible to children an abandoned, unattended, or discarded icebox, refrigerator, or similar container which has a door with a snap lock or lock or other mechanism which may not be released for opening from the inside, without first removing such lock or door from such icebox, refrigerator, or similar container.
(Ord. 1028 § 1, 1964)
A. 
No owner or person in charge of property may permit:
1. 
Unguarded machinery, equipment, or other devices on such property which are attractive, dangerous, and accessible to children;
2. 
Lumber, logs, or pilings placed or stored on such property in a manner so as to be attractive, dangerous, and accessible to children;
3. 
An open pit, quarry, cistern, or other excavation without erecting adequate safeguards or barriers to prevent such places from being used by children.
B. 
This section shall not apply to authorized construction projects, if during the course of construction, reasonable safeguards are maintained to prevent injury or death to playing children.
(Ord. 1028 § 8, 1964)
No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk may permit:
A. 
Snow to remain on the sidewalk for a period longer than the first four hours of daylight after the snow has fallen;
B. 
Ice to cover or remain on a sidewalk, after the first four hours of daylight after the ice has formed. Such person shall remove ice accumulating on the sidewalk or cover the ice with sand, ashes, or other suitable material to assure safe travel.
(Ord. 1028 § 9, 1964)
The following things, practices, or conditions on any real property are nuisances. For purpose of this section, "real property" includes any portion of a right-of-way adjacent to the real property.
A. 
Grass, thistles cockleburs, brambles, wild blackberry bushes, weeds listed under any weed category in the Oregon State Noxious Weed List maintained by the Oregon State Weed Board, or other noxious vegetation, where the plant has:
1. 
Grown to greater than eight inches in height;
2. 
Gone to seed; or
3. 
Become a fire hazard.
B. 
Dead, decaying, or unsafe trees or tree limbs that present a safety hazard to the public or adjacent property. In stating the abatement costs pursuant to subsection C of Section 8.04.200 of this chapter, the Council may, in its sole discretion, determine the cost to be less than the total cost of abatement in order to:
1. 
Share no more than 50% of the net cost of removal of a tree in the right-of-way with an adjacent property owner who did not plant the tree; and/or
2. 
Assist a low-income resident of the city who is responsible for paying the cost of removal and whose income level shall meet the low-income eligibility requirement of Chapter 13.20 of this code. In making this determination, the Council shall consider using other alternatives such as deferred and partial payments to minimize the adverse impact on income.
(Ord. 1028 § 10, 1964; Ord. 1929, 2003; Ord. 2064 § 2, 2013)
A. 
No person may throw, dump, or deposit upon public or private property any injurious or offensive substance or any kind of rubbish, trash, debris, or refuse which would mar the appearance, create a stench, or detract from the cleanliness or safety of such property, or would be likely to injure an animal, vehicle, or person traveling upon a public way.
B. 
No person may compost materials which either cause offensive odors, or create a health hazard, or are capable of attracting or providing food for potential disease carriers such as birds, rodents, flies, or other vectors.
(Ord. 1028 § 11, 1964; Ord. 1758 § 7, 1994)
No person may permit or cause a property to have a habitat pile in violation of this section. The following things, practices, or conditions on any real property are nuisances and may be abated as provided in this chapter:
A. 
Location
Habitat pile is visible from a pedestrian level from the developed public right-of-way.
B. 
Dimensions
Habitat pile is greater than four feet tall or 10 feet long or 10 feet wide at any point.
C. 
Setbacks
Habitat pile is less than:
1. 
Twenty feet from any dwelling; or
2. 
Five feet from any accessory structure; or
3. 
Five feet from any property line.
D. 
Volume
Total size of a habitat pile is greater than the size allowed by Table 8.04.125 for that specific lot size. The definition of "lot" as defined in Section 19.201 shall be used.
Table 8.04.125
Lot Size
Total space allowed for habitat piles
0 to 10,000 sq ft
200 cubic feet
10,001 sq ft to 1 acre
400 cubic feet
1.01 acre to 1.5 acres
800 cubic feet
1.51 acres to 2 acres
1,200 cubic feet
Larger than 2 acres
1,600 cubic feet
(Ord. 2101 § 1, 2015)
A. 
No person may construct or maintain a barbed-wire fence or allow barbed wire to remain as a part of a fence along a sidewalk or public way, unless such wire is placed not less than six inches above the top of a board or picket fence which is not less than seven feet high.
B. 
No person may install, maintain, or operate an electric fence along a street or sidewalk, or along the adjoining property line of another person.
(Ord. 1028 § 12, 1964)
No owner of real property may permit such property, or any improvement thereon, to be used in a manner inconsistent with all State, County, or City land use and zoning regulations and decisions pertaining to the property.
(Ord. 1758 § 8, 1994)
A. 
No owner or person in charge of any building or structure may suffer or permit rainwater, ice, or snow to fall from such building or structure onto a street or public sidewalk or to flow across such sidewalk.
B. 
The owner or person in charge of property shall install and maintain in a proper state of repair adequate drain pipes or a drainage system so that any overflow water accumulating on the roof or about such building is not carried across or upon the sidewalk.
C. 
Stormwater facilities to be managed by the owner or person in charge of property include, but are not limited to:
1. 
A stormwater facility not located on City-owned property, City right-of-way, or City easement;
2. 
A private parking lot storm drain;
3. 
Any roof, footing, or area drain;
4. 
A stormwater facility not designed and constructed for use by the general public;
5. 
An open drainageway;
6. 
Access drive culverts in the public right-of-way or on private property;
7. 
A detention or retention system, in the construction of which the City did not financially participate.
D. 
Any owner or person in charge of property shall keep open drainageways on property which they possess or control cleared of debris and vegetation.
E. 
Any owner or person in charge of property shall maintain nonpublic stormwater facilities on property which they possess or control so as to prevent flooding or damage to other property not possessed or controlled by the owner or person in charge of property and to prevent injury to any other person.
F. 
The failure of any owner or person in charge of property to comply with the obligations stated in this section is a violation.
G. 
The conditions on private property which may result in situations proscribed by subsection A, B, D, or E of this section are declared to be a danger to public health and safety and therefore are a nuisance to be abated as provided in this chapter.
(Ord. 1028 § 13, 1964; Ord. 1755 § 5, 1994)
A. 
No person may operate or use an electrical, mechanical, or other device, apparatus, instrument, or machine that causes reasonably preventable interference with radio or television reception; provided, that the radio or television receiver interfered with is of good engineering design.
B. 
This section does not apply to electrical and radio devices licensed, approved, and operated under the rules and regulations of the Federal Communications Commission.
(Ord. 1028 § 14, 1964)
A. 
It is every property owner's duty to remove graffiti promptly from his or her property in a manner acceptable to the City. When graffiti is located upon private property, the City shall cause written notice to be posted on the property and served upon the owner of the property or person in charge of the property requiring removal of the graffiti. The notice shall include a statement of what action(s) are necessary to bring the property into compliance with this section. Unless additional time is granted by the City Manager, due to a hardship in complying, the property owner or person in charge of the property shall have 10 days after the date of the posting and service of the notice to remove the graffiti.
B. 
"Graffiti" means any unauthorized painting, writing, drawing, carving, or inscription which can be seen from any public right-of-way, sidewalk, alley, or park and which damages, defaces, or destroys any real or personal property through the use of paint, spray paint, indelible marker, ink, knives, or any similar method, regardless of the content of the message delivered or nature of the material used in the commission of the act.
(Ord. 1722 § 1, 1992)
A. 
Upon determination by the City Manager that a nuisance as defined in this or any other ordinance of the City exists, the City Manager shall forthwith cause a notice to be posted on the premises where the nuisance exists, directing the owner or person in charge of the property to abate such nuisance.
B. 
At the time of posting, the City Recorder shall cause a copy of such notice to be forwarded by registered or certified mail, postage prepaid, to the owner or person in charge of the property at the last known address of such owner or other person.
C. 
The notice to abate shall contain:
1. 
A description of the real property, by street address or otherwise on which such 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 such nuisance is removed the City may abate the nuisance and the cost of abatement shall be a lien against the property;
5. 
A statement that the owner or other person in charge of the property may protest the abatement by giving notice to the City Recorder within 10 days from the date of the notice.
D. 
Upon completion of the posting and mailing the person posting and mailing the notice shall execute and file a certificate stating the time and place of such mailing and posting.
E. 
An error in the name or address of the owner or person in charge of the property or the use of a name other than that of the owner or the person shall not make the notice void and in such a case the posted notice shall be sufficient.
(Ord. 1028 § 18, 1964)
A. 
Within 10 days after the posting and mailing of the notice as provided in Section 8.04.170, the owner or person in charge of the property shall remove the nuisance or show that no nuisance exists.
B. 
The owner or person in charge protesting that no nuisance exists shall file with the City Recorder a written statement which shall specify the basis for so protesting.
C. 
The statement shall be referred to the Council as a part of the Council's regular agenda at the next succeeding meeting. At the time set for consideration of the abatement, the owner or other person may appear and be heard by the Council and the Council shall thereupon determine whether or not a nuisance in fact exists and such determination shall be entered in the official minutes of the Council. Council determination shall be required only in those cases where a written statement has been filed as provided.
D. 
If the Council determines that a nuisance does in fact exist, the owner or other person shall within 10 days after such Council determination abate such nuisance.
(Ord. 1028 § 19, 1964)
A. 
If, within the time allowed, the nuisance has not been abated by the owner or person in charge of the property, the City Manager may cause the nuisance to be abated.
B. 
No abatement shall occur under this section unless preceded by issuance of a judicial warrant authorizing entry, search, seizure, and abatement, or in the alternative, written consent and release of liability by the property owner or person in charge of the property.
C. 
The City Recorder shall keep an accurate record of the actual cost incurred by the City in abating the nuisance, including any administrative expenses.
(Ord. 1028 § 20, 1964; Ord. 1722 § 2, 1992)
A. 
The City Recorder, by registered or certified mail, postage prepaid, shall forward to the owner or person in charge of the property a notice stating:
1. 
The total cost of abatement including the administrative overhead;
2. 
That the cost 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 person in charge of the property objects to the cost of the abatement as indicated, he or she may file a notice of objection with the City Recorder not more than 10 days from the date of the notice.
4. 
If an objection is filed by the owner or person in charge of a property within 10 days after the date of the notice, the Council in the regular course of business shall hear and determine the objections to the costs to be assessed.
B. 
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 determined by the Council shall be made by resolution and shall thereupon be entered in the docket of City liens, and upon such entry being made shall constitute a lien upon the property from which the nuisance was removed or abated.
C. 
The lien shall be enforced in the same manner as liens for street improvements are enforced, and shall bear interest at the statutory amounts as allowed by ORS 82.010(2). Such interest shall commence to run from date of entry of the lien in the lien docket.
D. 
An error in the name of the owner or person in charge of the property shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property.
(Ord. 1028 § 21, 1964; Ord. 2000 § 1, 2009)
The procedure provided by this chapter is not exclusive, but is in addition to procedure provided by other ordinances, and the Health Officer, the Chief of Fire Department, and Police Chief may proceed summarily to abate a health or other nuisance which unmistakably exists and from which there is imminent danger to human life or property.
(Ord. 1028 § 22, 1964)
A person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $500.
(Ord. 1028 § 23, 1964; Ord. 1503 § 1, 1981)
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 a nuisance.
(Ord. 1028 § 24, 1964)