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:
means the City of Milwaukie.
means the City Manager or person authorized by the City Manager.
means the governing body of the City.
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.
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.
means a natural person, firm, partnership, association, or
corporation.
means an agent, occupant, lessee, contract purchaser, or
person, other than the owner, having possession or control of the
property.
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)
No person may permit an animal or bird owned or controlled by
him or her to be at large within the City if the animal or bird is
afflicted with a communicable disease.
(Ord. 1028 § 2, 1964)
No person may permit a wild or domesticated dangerous animal
to run at large.
(Ord. 1028 § 3, 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:
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.
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.
(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)
