(1) 
In addition to and not in lieu of other means of enforcement provided for in this code, when the enforcing officer is satisfied that a nuisance exists, the enforcing officer shall cause a notice to be posted on the premises or at the site of the nuisance directing a person responsible to abate the nuisance.
(2) 
At the time of the posting, the enforcing officer shall cause a copy of the notice to be personally served on the owner and on any other person responsible. Alternately, the enforcing officer may send notice by registered or certified mail, postage prepaid, to any person responsible at the person’s last known address.
(3) 
The notice to abate shall contain:
(a) 
A description of the real property, by street address or otherwise, on which the nuisance exists;
(b) 
A direction to abate the nuisance within 10 days from the date of the notice;
(c) 
A description of the nuisance and the conditions to be abated, including the general types and estimated quantity of the items to be removed;
(d) 
A statement that, unless the nuisance is removed, the city may abate the nuisance and the cost of abatement shall be charged to the person responsible and assessed against the property;
(e) 
A request for consent to enter onto the property and abate the nuisance;
(f) 
Notice that if consent is refused, and the nuisance occurs on private property, the city may obtain an administrative abatement warrant to enter the property and abate the nuisance(s);
(g) 
A statement that failure to abate a nuisance may result in a civil court suit to enforce city codes and ordinances;
(h) 
Notice that property removed to abate the nuisance may be sold, recycled, or discarded;
(i) 
Notice that the costs of abatement will be charged to the property owner;
(j) 
Notice that the costs of abatement will be assessed to and become a lien on the property; and
(k) 
A statement that the person responsible may appeal the order to abate by giving notice to the enforcing officer within 10 days from the date of the notice and the form for appeal.
(4) 
Upon completion of the posting and serving or mailing, the enforcing officer shall execute and file certificates stating the date and place of the posting and serving or mailing.
(5) 
An error in the name or address of the person responsible shall not make the notice void and in such case, the notice shall be sufficient.
(Section 5.006 amended by Ordinance No. 6408, enacted November 18, 2019)
(1) 
Within 10 days after the posting and serving or mailing of the notice required by section 5.006, a person responsible shall remove the nuisance, show that no nuisance exists, or file a written protest in compliance with this section.
(2) 
If the person responsible protests that no nuisance exists, the person responsible shall file with the enforcing officer a written statement specifying the basis for protesting.
(3) 
A person may show that a vehicle is not a nuisance as defined by section 5.004 by submitting current proof of vehicle insurance and current vehicle registration within 10 days of the posting and serving or mailing of the notice to abate.
(4) 
A written protest shall be referred to the hearings officer. The objector shall be given at least seven days prior written notice of the time set to consider the abatement. The council shall take oral or written testimony at the time and place specified in the notice of the hearing. The council shall adopt written findings of fact and conclusions of law when determining whether a nuisance exists. The council's determination shall be final.
(5) 
If the hearings officer determines that a nuisance exists, a person responsible shall abate the nuisance within 10 days after the hearings officer's decision becomes final or within another time set by the hearings officer in writing.
(6) 
All appeals from the hearings officer's final decision under this section shall be by writ of review to the Lane County Circuit court pursuant to ORS chapter 34.
(Section 5.008 amended by Ordinance No. 6408, enacted November 18, 2019; Ord. No. 6494, 4/21/2025)
(1) 
If the nuisance has not been abated by a person responsible within the time allowed by section 5.008, the enforcing officer may cause the nuisance to be abated.
(2) 
The enforcing officer or contractors acting under the direction of the officer, shall have the right at reasonable times to enter into or upon property in accordance with law to investigate or cause the removal of the nuisance.
(3) 
Before entering onto private property to abate a nuisance, the enforcing officer must obtain consent of the owner or an abatement warrant under sections 5.650 through 5.658, except in cases of emergency or exigent circumstances. An “abatement warrant” is an order authorizing the enforcing officer to abate a public nuisance or nuisances at a designated building or property.
(4) 
The finance officer shall keep an accurate record of the expense incurred by the city in physically abating the violation and shall include therein a reasonable charge equal to 10 percent of the total cost of physically abating the violation for administrative overhead.
(Section 5.010 amended by Ordinance No. 6408, enacted November 18, 2019)
If there is more than one person responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance.
(Section 5.012 amended by Ordinance No. 6408, enacted November 18, 2019)
(1) 
The finance officer or designee shall provide notice that the costs of abatement will be assessed as a lien, sent to the property owner or other person responsible by certified mail, return receipt requested, and by regular mail. Where service by certified mail is not accepted by the property owner, notice shall be deemed received on the date of attempted delivery. In addition, service in the same manner as provided for service of summons in Rule 7 of the Oregon Rules of Civil Procedure shall be deemed adequate. The notice shall state:
(a) 
The total cost of abatement, including the administrative overhead;
(b) 
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;
(c) 
That if the person responsible objects to the cost of the abatement as indicated, the person may file a written notice of objection with the finance officer not more than 10 days from the date the notice was mailed.
(2) 
If the person responsible files a timely written objection, the person responsible shall be heard at a city council hearing. The person responsible must be provided with written notice of the hearing date and time set to consider the objections. The city council will take oral and written testimony but shall not consider protests that no violation exists. The city council will issue its decision in writing stating the amount of abatement costs to be assessed and stating that if the costs of abatement are not paid within 30 days from the date of the decision, the costs shall be entered in the docket of city liens and shall constitute a lien upon the property from which the nuisance was removed or abated.
(3) 
If no objection is filed or 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 shall be made by the finance officer and shall be entered in the docket of city liens, and recorded with Lane County Deeds and Records. Upon the entry and recordation, the assessment shall constitute a lien upon the property from which the nuisance was removed or abated.
(4) 
An error in the name of a person responsible 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.
(Section 5.014 amended by Ordinance No. 6408, enacted November 18, 2019)
The requirement to abate a nuisance is not a penalty for violating this code, but is an additional remedy. Abatement proceedings and citation of a nuisance as a civil infraction may occur simultaneously. Abatement by a person responsible of a nuisance within 10 days of the date of notice to abate is cause to dismiss any civil infraction citation that may be pending.
(Section 5.016 amended by Ordinance No. 6408, enacted November 18, 2019)
(1) 
The procedure provided by the above sections is not exclusive but is in addition to procedures provided by other laws. The enforcing officer may proceed to summarily abate a nuisance which unmistakably exists and which imminently endangers human life, health or property. The cost of such abatement may be assessed as provided above in section 5.014.
(2) 
The abatement of a nuisance under this section and the assessing of the costs therefor are not a penalty for violating this code but are additional remedies.
(Section 5.018 amended by Ordinance No. 6408, enacted November 18, 2019)