As used in this chapter, the following terms shall have the meaning set out below:
"Chronic nuisance property"
means:
1. 
Property on which any person associated with the property has engaged in three or more nuisance activities during any 60-day period or property on which 12 or more nuisance activities exist or have occurred during any 12-month period; or
2. 
Property on which three or more nuisance activities have occurred during any 60-day period or property on which 12 or more nuisance activities exist or have occurred during any 12-month period; or
3. 
Property which, by 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 167.203, ORS 475.005 to ORS 475.285 and/or ORS 475.940 to ORS 475.995 has occurred within the previous 60 days.
"City"
means the city of Happy Valley, its officers, employees and agents.
"Control"
means the ability (exercised or not) to regulate, restrain, counteract, or govern conduct that occurs on a property.
"Nuisance activities"
means any of the following activities, behaviors or conduct:
1. 
Harassment as defined in ORS 166.065(1)(a).
2. 
A bias crime as defined in ORS 166.155 and ORS 166.165.
3. 
Disorderly conduct as defined in ORS 166.025.
4. 
Assault or menacing as defined in ORS 163.160, ORS 163.165, ORS 163.175, ORS 163.185, or ORS 163.190.
5. 
Sexual abuse, contributing to the delinquency of a minor, or sexual misconduct as defined in ORS 163.415, ORS 163.425, ORS 163.427, ORS 163.435, or ORS 163.445.
6. 
Public indecency as defined in ORS 163.465.
7. 
Prostitution or related offenses as defined in ORS 167.007, ORS 167.012, and ORS 167.017.
8. 
Alcoholic liquor violations as defined in ORS 471.105 through ORS 471.482.
9. 
Offensive littering as defined in ORS 164.805.
10. 
Criminal trespass as defined in ORS 164.243, ORS 164.245, ORS 164.255, ORS 164.265.
11. 
Theft as defined in ORS 164.015 through ORS 164.140.
12. 
Arson or related offenses as defined in ORS 164.315 through ORS 164.335.
13. 
Possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, ORS 475.005 to ORS 475.285, or ORS 475.940 to ORS 475.980.
14. 
Illegal gambling as defined in ORS 167.117, ORS 167.122, and ORS 167.127.
15. 
Stalking as defined in ORS 163.732 or violating a stalking protective order as defined in ORS 163.750.
16. 
Any attempt to commit (as defined by ORS 161.405), or conspiracy to commit (as defined by ORS 161.455), any of the above offenses.
17. 
Violating a release agreement as described in ORS 135.250 or the conditions of release as described in ORS 135.260.
18. 
Discharging a firearm as provided in HVMC Section 9.10.040.
19. 
Unlawful exposure as described in HVMC Section 9.10.010.
20. 
Public urination or defecation as described in HVMC Section 9.10.020.
21. 
Unnecessary noise as described in HVMC Section 8.08.310.
22. 
The sale or use of fireworks in violation of HVMC Section 8.08.700.
"Permit"
means to suffer, allow, consent to, or acquiesce to the doing (or failure to do) of an act.
"Person"
means any natural person, agent, association, firm, partnership, limited liability company, corporation, or other entity capable of owning, occupying, or using property in the city.
"Person in charge"
means any person, in actual or constructive possession of a property, including, but not limited to, the owner, lessee, or other occupant of property who has the property under their dominion, ownership, or control.
"Property"
means any real property, and that which is affixed, incidental or appurtenant thereto, including, but not limited to, any commercial structure or residence, parking area, loading area, landscaping, building, or structure (or any part, unit, or portion thereof), used or intended to be used therefor. In the event the property consists of more than one unit, the term "property" may be limited to the unit or the portion of the property where the nuisance activity has occurred or is occurring.
(Ord. 586, 6/18/2024)
A. 
A property within the city that is chronic nuisance property is in violation of this chapter and subject to its remedies.
B. 
A person in charge who permits property to be chronic nuisance property is in violation of this chapter and subject to its remedies.
(Ord. 586, 6/18/2024)
A. 
When the director of community services and public safety receives two or more reports documenting the occurrence of nuisance activity on a property, the director shall review the reports to determine whether they describe any act(s) described in Section 9.06.010 above. In the event it is determined that the reports describe one or more nuisance activities, the director shall notify the person in charge in writing that the property is in danger of becoming chronic nuisance property. The notice shall contain the following information:
1. 
The street address or a legal description sufficient for identification of the property;
2. 
A statement that the director has information that the property has had at least two reports of chronic nuisance activity, with a description of the activities, behaviors or conduct that are alleged to have occurred;
3. 
An offer to the person in charge of an opportunity to propose a course of action that, to the director's satisfaction, will abate the nuisance activities, or, in the alternative;
4. 
A demand that the person in charge respond to the director within 10 days to discuss the nuisance activities.
B. 
In the event the director, after complying with the notification procedures set out above, receives a police report documenting the occurrence of one or more incidents of nuisance activity at a property within 90 days of sending the notice referred to in subsection A of this section, and determines that as a result of this activity the property has become chronic nuisance property, the director shall notify the person in charge in writing that the property has been determined to be chronic nuisance property.
1. 
The notice shall contain the following information:
a. 
The street address or a legal description sufficient for identification of the property.
b. 
A statement that the director has determined the property to be chronic nuisance property with a concise description of the activities, behaviors or conducts leading to the determination.
c. 
A demand that the person in charge respond within 10 days to the director and propose a course of action that, to the director's satisfaction, will abate the nuisance activities giving rise to the violation.
2. 
Service shall be made personally or by first class mail, postage repaid, return receipt requested, addressed to the person in charge at such place likely to give the person in charge notice of the director's determination.
3. 
A copy of the notice shall also be served on the owner of the property at address shown on the tax rolls of Clackamas County, and/or the occupant of the property, at the address of the alleged chronic nuisance property, (if these persons are different than the person in charge), and shall be made either personally or by first class mail, postage prepaid.
4. 
A copy of the notice shall also be posted by the city police at the property in the event at least 10 days has elapsed from the service or mailing of the notice to the person in charge, and person has not contacted the director.
5. 
The failure of a person to receive notice under this section does not invalidate or otherwise affect any proceedings under this chapter.
6. 
If, after notification but prior to commencement of legal proceedings by the city, a person in charge stipulates in writing to the director that they will pursue a course of action which will satisfactorily abate the activities giving rise to the violation, the director may agree to postpone the filing of legal proceedings. However, should the agreed upon course of action not result in the satisfactory abatement of the nuisance activity, the director may refer the matter to the city manager and request authorization for the city attorney to commence a legal proceeding to abate the nuisance.
7. 
Concurrent with the notice described in subsection B of this section, the director shall send copies of the notice, as well as other background documentation, to the city manager and to the city attorney.
(Ord. 586, 6/18/2024)
A. 
The city manager may authorize the city attorney to commence legal proceedings in municipal court to enjoin or abate chronic nuisance property and to seek the closure, imposition of civil penalties and/or, such other relief as the court may deem appropriate.
B. 
In the event a court determines property to be chronic nuisance property, the court may order that the property be closed and secured against all unauthorized access, use, and occupancy for a period of not less than six 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.
C. 
If a property is found to be chronic nuisance property in this chapter, a person(s) deemed to be the person in charge is subject to a civil penalty of up to $500.00 per day for each day nuisance activities occur on the property. In the event the penalty is not paid within 60 days, the city may file a lien against the property for the amount of the unpaid penalty.
D. 
In addition to a civil penalty described in subsection C of this section, in the event there is an immediate threat to the public at large, the city seek the immediate closure of a property or structure without the necessity of providing notice as described in Section 9.06.030(A) or (B) above. However, the city must demonstrate to the satisfaction of the court that there are at least three credible reports of nuisance activity at the property in question in no more than 60 days and within 120 days of the filing of an action.
(Ord. 586, 6/18/2024)
A. 
In an action for chronic nuisance property, the city shall have the initial burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property.
B. 
It is a defense to an action for chronic nuisance 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 nuisance property.
C. 
It is a defense to an action seeking civil penalties that the person in charge could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the determination that the property is chronic nuisance property.
D. 
On the issue of whether a property is a chronic nuisance property, evidence of its general reputation and the reputation of persons residing in or frequenting it shall be admissible.
E. 
In establishing the amount of any civil penalty requested, the court may consider any of the following factors and shall cite those found applicable:
1. 
The actions taken by the person in charge to mitigate or correct the nuisance activities at the property;
2. 
The financial condition of the person in charge;
3. 
Whether the problem at the property was repeated or continuous;
4. 
The magnitude or gravity of the problem;
5. 
The cooperativeness of the person in charge with the city;
6. 
The cost to the city of investigating and correcting or attempt to correct the nuisance activities;
7. 
Any other factor deemed by the court to be relevant.
(Ord. 586, 6/18/2024)
The court may authorize the city to physically secure the property against all access, use, or occupancy in the event that the person in charge fails to do so within the time specified by the court. In the event that 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 city for physically securing the property, as well as tenant relocation costs pursuant to subsection C of this section.
A. 
The city department(s) physically securing the property shall prepare a statement of costs and the city shall thereafter 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 judgment.
B. 
Any person who is assessed the costs of physically securing the property by the court shall be personally liable for the payment thereof to the city.
C. 
The person in charge shall pay reasonable relocation costs of a tenant as defined in ORS 90.100(16), if, without actual notice, the tenant moved into the property after either:
1. 
A person in charge received notice from the director of public safety determination pursuant to Section 9.24.030(A); or
2. 
A person in charge received notice of an action brought pursuant to Section 9.24.060(A).
(Ord. 586, 6/18/2024)
A decision of the municipal court under this chapter may be appealed to the circuit court for Clackamas County as provided in ORS 34.010 to 34.102.
(Ord. 586, 6/18/2024)
Nothing herein shall be relied on or construed as establishing city responsibility, obligation or liability to any third party arising from the actions or inaction of the city in applying this chapter. Nothing herein lessens or otherwise alters the person in charge's responsibility to third parties arising from use and condition of the property.
(Ord. 586, 6/18/2024)