Property in a residential neighborhood on which three or more
prohibited activities have occurred during any 60-day period;
Property in a residential neighborhood on which or within 200
feet of which any person associated with the property has engaged
in three or more prohibited activities during any 60-day period.
Harassment as provided in ORS 166.065(1)(a).
Intimidation as provided in ORS 166.155 to 166.165.
Disorderly conduct as provided in ORS 166.025.
Assault, strangulation, or menacing as provided in ORS 163.160,
ORS 163.165, ORS 163.175, ORS 163.185, ORS 163.187, or ORS 163.190.
Sexual offenses as provided in ORS 163.355 through ORS 163.411,
ORS 163.413, ORS 163.415, ORS 163.425, ORS 163.427, ORS 163.435, or
ORS 163.445.
Public or private indecency as provided in ORS 163.465 or ORS
163.467.
Prostitution or related offenses as provided in ORS 167.007,
ORS 167.008, ORS 167.012, or ORS 167.017.
Alcoholic liquor violations as provided in ORS 471.105 to 471.482.
Offensive littering as provided in ORS 164.805.
Criminal trespass as provided in ORS 164.243, 164.245, 164.255,
or 164.265.
Theft as provided in ORS 164.015 to 164.140.
Possession, manufacture, or delivery of a controlled substance
or related offenses as provided in ORS 475.752 to 475.980.
Illegal gambling as provided in ORS 167.122 or ORS 167.127.
Criminal mischief as provided in ORS 164.345 to 164.365.
Property which, in addition to or in combination with the prescribed
number and duration of prohibited activities, upon request for execution
of a search warrant, has been the subject of a determination by a
court that probable cause that possession, manufacture, or delivery
of a controlled substance or related offenses as defined in ORS 475.752
to 475.980 have occurred.
Discharge of firearms as provided in SMC section 5.118.
Frequenting a place where controlled substances are used as
provided in ORS 167.222.
Noise violations as provided in SMC section 5.220.
The ability to regulate, restrain, dominate, counteract or
govern conduct that occurs on a property.
To suffer, allow, consent to, acquiesce by failure to prevent,
or expressly assent or agree to the doing of an act.
Includes any person who, on the occasion of a prohibited
activity, has entered, patronized, visited, or attempted to enter,
patronize or visit a property or person present on a property, including
without limitation any officer, director, customer, agent, employee,
or any independent contractor of a property, person in charge, or
owner thereof.
Any property, including land and that which is affixed, incidental
or appurtenant to land, including, but not limited to, any residential
premises, room, house, parking area, loading area, landscaping, building
or structure or any separate part, unit or portion thereof, or any
business equipment, whether or not permanent. For property consisting
of more than one unit, property is limited to the unit or the portion
of the property on which any prohibited activity has occurred or is
occurring, but includes areas of the property used in common by all
units of property including without limitation other structures erected
on the property and areas used for parking, loading and landscaping.
[Section 5.700 amended by Ordinance No. 5937, enacted October 4, 1999; further
amended by Ordinance No. 6325, enacted July
21, 2014; further amended by Ordinance
No. 6402, enacted June 3, 2019]
(1)
When the chief of police receives two or more police reports documenting the occurrence of prohibited activity on or within 200 feet of a property in a residential neighborhood within the city, the chief of police shall independently review the reports to determine whether they describe prohibited activities enumerated in this code under section 5.700. Upon such a finding the chief of police may:
(a)
Notify
the person in charge in writing that the property is in danger of
becoming chronic disorderly property. The notice shall contain the
following information:
(i)
The street address or legal description sufficient for identification
of the property.
(ii)
A statement that the chief of police has information that the property
may be chronic disorderly property, with a concise description of
the prohibited activities that may exist, or that have occurred. The
chief of police shall offer the person in charge an opportunity to
propose a course of action that the chief of police agrees will abate
the prohibited activities giving rise to the violation.
(iii)
Demand that the person in charge respond to the chief of police within
10 days to discuss the prohibited activities.
(2)
After
notification of nuisance activities to the person in charge, when
the chief of police receives a police report documenting the occurrence
of a third prohibited activity at or within 200 feet of a property
in a residential neighborhood within a 60-day period and determines
that the property has become chronic disorderly property, the chief
of police shall:
(a)
Notify
the person in charge in writing that the property is a chronic disorderly
property. The notice shall contain the following information:
(i)
The street address or legal description sufficient for identification
of the property.
(ii)
A statement that the chief of police has determined the property
to be chronic disorderly property with a concise description of the
prohibited activities leading to the findings.
(iii)
Demand that the person in charge respond within 14 days to the chief
of police and propose a course of action that the chief of police
agrees will abate the prohibited activities giving rise to the violation.
(iv)
Service shall be made either personally or by first class mail, postage
prepaid, return receipt requested, addressed to the person in charge
at the address of the property believed to be a chronic disorderly
property, or any other place which is likely to give the person in
charge notice of the determination by the chief of police.
(v)
A copy of the notice shall be served on the owner at the address
shown on the tax rolls of the county in which the property is located,
the occupant, at the address of the property, if these persons are
different from the person in charge, and shall be made either personally
or by first class mail, postage prepaid.
(vi)
A copy of the notice shall also be posted at the property.
(b)
Chronic disorderly property, as defined by section 5.700, shall be subject only to the notification requirements of subsection (2) of this section.
(c)
If, after the notification, but prior to the commencement of legal proceedings by the city pursuant to sections 5.700 to 5.714, a person in charge stipulates to the chief of police that the person in charge will pursue a course of action the parties agree will abate the prohibited activities giving rise to the violation, the chief of police may agree to postpone legal proceedings for a period of not less than 10 nor more than 30 days. If the agreed course of action does not result in the abatement of the prohibited activity or if no agreement concerning abatement is reached with 30 days, the chief of police may refer the matter to the city attorney to commence a legal proceeding to abate the nuisance.
(d)
Concurrent
with the notification procedures set forth in subsections (1) and
(2), the chief of police shall send copies of the notice, as well
as any other documentation which supports legal proceedings against
the property, to the city attorney.
(3)
When
a person in charge makes a response to the chief of police as required
by subsection (2)(c) above, any conduct or statements made in connection
with the furnishing of that response shall not constitute an admission
that any prohibited activities have or are occurring. This subsection
does not require the exclusion of any evidence that is otherwise admissible
or offered for any other purpose.
[Section 5.704 amended by Ordinance No. 6325, enacted July 21, 2014]
(1)
In an
action for chronic disorderly property, the city shall have the initial
burden of proof to show by a preponderance of the evidence that the
property is chronic disorderly property.
(2)
It is
a defense to an action for chronic disorderly property that the person
in charge at all material times could not, in the exercise of reasonable
care or diligence, determine that the property had become chronic
disorderly property, or could not, in spite of the exercise of reasonable
care and diligence, control the conduct leading to the determination
that the property is chronic disorderly property.
(3)
In establishing
the amount of any civil penalty requested, the court may consider
any of the following factors and shall cite those found applicable:
(a)
The
actions taken by the person in charge to mitigate or correct the prohibited
activities at the property;
(b)
The
length of time that the prohibited activity has been going on and
whether the problem at the property was repeated or continuous;
(c)
The
magnitude or gravity of the problem;
(d)
The
cost to the city of investigating and correcting or attempting to
correct the prohibited activities;
(e)
Any
other factor deemed by the court to be relevant.
Any emergency closure proceeding initiated under this provision shall be based on evidence showing that prohibited activities have occurred on the property and that emergency action is necessary to avoid an immediate threat to public welfare and safety. Proceedings to obtain an order of emergency closure shall be governed by the provisions of ORCP 79 for obtaining temporary restraining orders. In such an event the notice procedures set forth in section 5.704(2) need not be complied with.
(1)
The
chief of police may authorize the city attorney to commence legal
proceedings to enjoin or abate chronic disorderly property and to
seek closure, the imposition of civil penalties against any or all
of the persons in charge of the property, and any other relief deemed
appropriate.
(2)
If, after the commencement but prior to the trial of an action or suit brought by the city pursuant to sections 5.700 to 5.714, a person in charge of chronic disorderly property stipulates to the city that he or she will pursue a course of action the parties agree will abate the prohibited activities giving rise to the violation, the city may agree to stay proceedings for period of not less than 10 nor more than 60 days. The person in charge or the city may thereafter petition the court for additional like periods of time as may be necessary to complete the action to abate the prohibited activities. However, if the city reasonably believes the person in charge of a property is not diligently pursuing the action necessary to abate the prohibited activities, the city may apply to the court for release from the stay and may seek relief deemed appropriate.
(3)
If a
court determines property to be chronic disorderly property, the court
shall order that the property be closed and secured against all access,
use and occupancy for a period of not less than three months, nor
more than one year. The court shall retain jurisdiction during any
period of closure. The person in charge may petition the court for
an order reducing the period of closure if the person in charge and
the city stipulate that the nuisance has been and will continue to
be abated.
(4)
If a property is found to be chronic disorderly property in violation of section 5.702, the person in charge of the chronic disorderly property is subject to a civil penalty of up to $100 per day for each day prohibited activities occur on the property, following notice pursuant to section 5.704(2).
(5)
Nothing
in these provisions shall require any conviction for criminal activities
prior to the commencement of any action provided herein.
[Section 5.710 amended by Ordinance No. 6325, enacted July 21, 2014]
(1)
The court may authorize the city to physically secure the property against all access, use or occupancy if the person in charge fails to do so within the time specified by the court. If the city is authorized to secure the property, all costs reasonably incurred by the city to physically secure the property shall be paid to the city by the person in charge and may be included in the city’s money judgment. As used in this subsection, “costs” mean those costs actually incurred by the city for physically securing the property, as well as tenant relocation costs pursuant to subsection (5) of this section.
(2)
The
city shall prepare a statement of the costs expended for physically
securing the property and submit that statement to the court for its
review. If no objection to the statement is made within the period
prescribed by ORCP 68, the statement of costs shall be included in
the city’s money judgment.
(4)
Any
person who is assessed the costs of physically securing the property
by the court shall be personally liable for the payment of costs to
the city.
(5)
The
person in charge shall pay reasonable relocation costs of a tenant,
as defined by ORS 90.100(16), if, without actual notice, the tenant
moved into the property after either:
The city of Springfield adopts and incorporates by reference
herein the Oregon Revised Statutes regarding procedures for processing
violations as described in ORS chapter 153, sections 153.005 to 153.161.
Therefore, the Springfield Municipal Code hereby authorizes city of
Springfield employees to process violations pursuant to state law
per the above listed sections.
[Section 5.715 added by Ordinance No. 6165, enacted May 15, 2006]
