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)
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)
In any action pursuant to this chapter, the city is entitled
to an award of its attorney's fees and costs.
(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)