The city manager, or such other persons as the city manager may designate, may proceed to summarily abate a health or other nuisance which unmistakably exists and from which there is an imminent danger to human life or property. The cost of such summary abatement shall be assessed against the owner of the real property on which the nuisance exists, shall be a lien against the real property and may be enforced and collected by the same procedures as set forth in this chapter for abatement and assessment. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter.
(Ord. 582A § 15, 1990; Ord. 839 § 2, 2019)
A person violating any provision of this chapter shall, upon conviction, be punished by a fine not to exceed $250.00 for each violation. It shall be within the authority of the municipal judge to require abatement of any action or condition found to be a nuisance under this chapter. It shall further be within the authority of the municipal judge to assess all costs associated with the abatement against the property owner or person in charge, in addition to any fine imposed.
(Ord. 582A § 16, 1990; Ord. 839 § 2, 2019)
A. 
Each day's violation 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.
(Ord. 582A § 17, 1990; Ord. 839 § 2, 2019)
A. 
If any city police officer or the city manager is satisfied that a nuisance exists, the police officer or city manager shall cause a notice to be posted on the premises or at the site of the nuisance, directing the person in charge to abate the nuisance.
B. 
At the time of posting, a copy of the notice is to be forwarded by registered or certified mail, postage prepaid, to the person in charge of the property and the owner of the property (if different than the person in charge) at the last known address of such person.
C. 
The notice to abate shall contain:
1. 
A description of the real property, by street address or otherwise, on which the 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 the nuisance is removed, the city may abate the nuisance and the cost of abatement will be charged to the person in charge.
5. 
A statement that failure to abate a nuisance may warrant imposition of a fine.
6. 
A statement that the person in charge may protest the order to abate by giving notice to the city of Philomath municipal court within 10 days from the date of the notice.
D. 
If the person in charge of the property is not the owner, an additional notice shall be sent to the owner stating that the cost of abatement not paid by the person in charge may be assessed to and become a lien on the property.
E. 
On completion of the posting and mailing, the persons posting and mailing shall execute and file certificates stating the date and place of the mailing and posting.
F. 
An error in the name or address of the person in charge shall not make the notice void, and in such case the posted notice shall be sufficient.
(Ord. 839 § 2, 2019)
A. 
Within 10 days after posting and mailing the notice, as provided in PMC § 9.15.180, the owner or person in charge shall remove the nuisance or file a written request for a hearing with the municipal court. The request for hearing shall specify the basis for protest.
B. 
The hearing on the question of whether a nuisance exists shall be heard by the municipal court at the first available time following the person's written request.
C. 
If the municipal court determines that a nuisance, in fact, exists, the person in charge shall abate the nuisance within 10 days after the municipal court decision.
D. 
The decision of the municipal court is final.
(Ord. 839 § 2, 2019)
If more than one person is responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance.
(Ord. 839 § 2, 2019)
A. 
If the nuisance has not been abated by the owner or person in charge within 10 days of the date of posting the notice of the nuisance (if no hearing is requested) or within 10 days of the municipal court decision, the city manager may cause the nuisance to be abated.
B. 
The city may enter property to inspect and abate only with the permission of the owner or other person in charge of the property or pursuant to a judicially issued warrant. The municipal court judge has the authority to issue warrants to enter and abate.
C. 
The city manager shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include in the record a charge of $150.00 or 20 percent of those expenses (whichever is greater) for administrative overhead.
(Ord. 839 § 2, 2019)
A. 
The city manager, by registered or certified mail, shall send to the person in charge and the owner 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 objects to the cost of the abatement as indicated, a notice of objection may be filed with the city manager no more than 10 days from the date of the notice.
B. 
If an objection to the cost of abatement is filed as provided in subsection (A) of this section, the municipal court shall hear and make a decision on the objections to the costs assessed.
C. 
If the costs of the abatement are not paid within 30 days from the date of the notice or the date of the municipal court decision (if an objection is filed), the costs of abatement shall be entered in the Benton County recorder's office and shall constitute a lien on the property from which the nuisance was removed or abated.
D. 
The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the maximum rate allowed by law; such interest shall begin to run from the date of entry of the lien with the Benton County recorder.
E. 
An error in the name of the owner or person in charge 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. 839 § 2, 2019)