A. 
"City Administrator"
means a person appointed by the City Council to the position of City Administrator or his or her designee, or the City Recorder in the absence of the City Administrator.
B. 
"Nonresidential property"
means a parcel of real property or contiguous parcels under common control, used for other than residential purposes.
C. 
"Person"
means a natural person, firm, partnership, association or corporation.
D. 
"Person in charge of property"
means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or the supervision of any construction project.
E. 
"Person responsible"
means the person responsible for abating a nuisance and shall include:
1. 
The owner.
2. 
The person in charge of property, as defined in subsection (D) of this section.
3. 
The person who caused to come into or continue in existence a nuisance as defined in this chapter.
F. 
"Public place"
means a building, way, place or accommodation, whether defined publicly or privately, owned, open and available to the general public.
G. 
Unoccupied Building.
A building is unoccupied when there are no human beings in the building who have a lawful right to be therein. However, an unoccupied building does not include:
1. 
Any structure on nonresidential property on which there is also a building that is lawfully occupied by humans some part of the day for four days out of every week; or
2. 
A structure that is used primarily to house domesticated animals.
(1981 Compilation § 4-5.1; Ord. 588 § 1, 1989)
No person shall permit an animal carcass owned or controlled by him to remain upon public property, or to be exposed on private property, for a period of time longer than 48 hours. Responsible party shall remove or dispose of the carcass once reported to the City.
Notice: City shall personally serve the occupant of the property or physically post the property with a written notice. The City may also contact all responsible parties by phone or other electronic means.
(1981 Compilation § 4-5.2; Ord. 588 § 2, 1989; Ord. 772, 2018)
No person shall cause or permit on property he or she owns or controls a nuisance affecting public health. The following are nuisances affecting public health and may be abated as provided in this chapter:
A. 
Privies. Open vaults or privies constructed and maintained within the City, except those constructed and maintained in connection with construction projects in accordance with the Health Division regulations.
B. 
Debris. Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time and that affect the health of the City.
C. 
Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests.
D. 
Water Pollution. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that will cause harmful material to pollute the water.
E. 
Food. Decayed or unwholesome food which is offered for human consumption.
F. 
Odor. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition.
G. 
Surface Drainage. Drainage of liquid wastes from private premises.
H. 
Cesspools. Cesspools or septic tanks which are in an unsanitary condition or which cause an offensive odor.
(1981 Compilation § 4-5.11; Ord. 588 § 11, 1989)
No person shall create a hazard by:
A. 
Maintaining or leaving in a place accessible to children a container with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside; or
B. 
Being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, excavation, or other hole of a depth of four feet or more and a top width of 12 inches or more, fail or refuse to cover and fence it with a suitable protective construction.
(1981 Compilation § 4-5.15; Ord. 588 § 15, 1989)
A. 
No owner or person in charge of property shall permit thereon:
1. 
Unguarded machinery, equipment or other devices which are attractive, dangerous and accessible to children.
2. 
Lumber, logs or piling placed or stored in a manner so as to be attractive, dangerous and accessible to children.
3. 
An open pit, quarry, cistern or other excavation without safeguards or barriers to prevent such places from being used by children.
B. 
No owner or person in charge of property shall fail to secure an unoccupied building in such a manner as to make it inaccessible to transients or children. Except as provided herein, before any person can be prosecuted for failing to secure an unoccupied building, that person must be served with notice of abatement as provided in BMC § 8.30.150 and either the time provided to abate the nuisance must have expired without a person responsible having protested that no nuisance exists or despite a protest the City Council has determined that a nuisance does in fact exist and a person responsible has not abated a nuisance within the time period provided in BMC § 8.30.160.
Notwithstanding the notice required herein, such notice is not required to summarily abate a nuisance as provided in BMC § 8.30.200. Further, if the City summarily abates the nuisance, no notice must be given to the person responsible before he or she can be prosecuted for failing to secure an unoccupied building.
C. 
No owner or person in charge of property shall permit thereon any building to be left in a partially constructed or partially dismantled condition for a period of time exceeding 30 days.
D. 
This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children.
(1981 Compilation § 4-5.16; Ord. 588 § 16, 1989)
A. 
The term "noxious vegetation" does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard or a fire or traffic hazard within the meaning of subsection (B) of this section.
B. 
The term "noxious vegetation" does include:
1. 
Weeds more than 12 inches high.
2. 
Grass more than 12 inches high.
3. 
Poison oak.
4. 
Blackberry bushes that extend into a public thoroughfare or across a property line, without the approval of the adjacent land owner.
5. 
Vegetation that is:
a. 
A health hazard.
b. 
A fire hazard because it is near other combustibles.
c. 
A traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous.
C. 
Between June 1st and September 30th of any year, no owner or persons in charge of real property shall cause or allow to remain standing on the property noxious vegetation anywhere within the City limits.
D. 
Lots and parcels more than one acre shall maintain the property around buildings and roadways as follows:
1. 
Within 30 feet of any building or accessory structure.
2. 
Within 20 feet of any roadway, walkway or property line.
E. 
Owners and persons in charge of real property more than one acre shall have the option of baling the material from their land. Hay must be baled and removed no later than the last day of July.
F. 
For properties in violation of this section, the City may post a notice of violation on the property in a reasonably visible location providing the person responsible with not less than 72 hours to abate the nuisance. After expiration of the notice period, the City may abate the noxious vegetation nuisance, and assess the costs of abatement as provided in BMC § 8.30.190. If the notice provided for in this subsection (F) is used, it shall be in lieu of the notice required by BMC § 8.30.150. Prior to proceeding with notice of violation under this subsection (F), the City shall have first used reasonable available measures to make contact with the person responsible, including mail and telephonic communication.
(1981 Compilation § 4-5.17; Ord. 588 § 17, 1989; Ord. 589 § 1, 1989; Ord. 718, 2009; Ord. 741, 2013; Ord. 772, 2018; Ord. 791 § 1, 2022)
No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to injure a person, animal or vehicle traveling upon a public way.
Notice: City shall personally serve the occupant of the property or physically post the property with a written notice. Written notice will require removal within 48 hours. The City may also contact all responsible parties by phone or other electronic means.
(1981 Compilation § 4-5.18; Ord. 588 § 18, 1989; Ord. 772, 2018)
No owner or person in charge of property that abuts upon a street or public sidewalk shall permit trees or bushes on his property to interfere with street or sidewalk traffic. It shall be the duty of an owner or person in charge of property that abuts upon a street or public sidewalk to keep all trees and bushes on his premises, including the adjoining parking strip, trimmed to a height of not less than eight feet above the sidewalk and not less than 10 feet above the roadway.
(1981 Compilation § 4-5.19; Ord. 588 § 19, 1989)
A. 
No owner or person in charge of property shall construct or maintain a barbed wire fence thereon, or permit barbed wire to remain as part of a fence along a sidewalk or public way; except such wire may be placed above the top of other fencing not less than six feet, six inches high.
B. 
No owner or person in charge of property shall construct, maintain or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person which is not approved by the Department of Commerce of the state of Oregon.
(1981 Compilation § 4-5.20; Ord. 588 § 20, 1989)
A. 
No owner or person in charge of a building or structure shall suffer or permit rainwater, ice or snow to fall from the building or structure onto a street or public sidewalk or to flow across the sidewalk.
B. 
The owner or person in charge of property shall install and maintain in a proper state of repair adequate drainpipes or a drainage system, so that any overflow water accumulating on the roof or about the building is not carried across or upon the sidewalk.
(1981 Compilation § 4-5.21; Ord. 588 § 21, 1989)
A. 
No person shall operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception by a radio or television receiver of good engineering design.
B. 
This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission.
(1981 Compilation § 4-5.31; Ord. 588 § 31, 1989)
A. 
At a residence, no person shall store the following in public view:
1. 
Parts of vehicles, machinery or equipment;
2. 
Buckets, cans or bottles;
3. 
Household furniture and household furnishings manufactured, built, or designed for inside use;
4. 
Other personal property manufactured, built, or designed for inside use or interior use;
5. 
Personal property that is manufactured, built or designed for attachment to a structure such as shutters, doors and windows.
Storing these items in front of a residence or in a street side yard is prohibited. "Yard," for this subsection, shall include, but not be limited to, the driveway, a patio, a covered porch or any other area in the front or side of a residence.
B. 
At a residence, no person shall store an appliance (operable or inoperable) or plumbing fixture in view of a public street.
C. 
At a residence, no person shall leave a burn barrel exposed to public view in the front yard.
D. 
At a residence, no person shall store lumber, plywood or building materials in view of a public street unless each type of item is stacked neatly.
E. 
At a residence, no person shall leave oil, fuel, chemical barrels or similar containers exposed to public view from a public street for a period in excess of three days. This section does not prohibit barrels, containers or tanks attached to a residential unit and used as a reservoir for oil or fuel.
F. 
At a residence, no person shall leave accumulations of limbs, branches and/or brush on property for longer than one month that can be seen from the public street.
G. 
Using tarps or other materials to hide items listed above from public view shall only be permitted for a two-week period or during a permitted garage sale on the premises.
H. 
Items left at the curbside or on the right-of-way may also be cited for immediate removal. If the City Administrator or designee notices a violation exists, he or she may post an abatement letter or hand-deliver a notice to the property owner. The property owner shall have 24 hours to remove the materials.
(1981 Compilation § 4-5.32; Ord. 588 § 32, 1989; Ord. 725 § 1, 2010; Ord. 731 § 2, 2011; Ord. 772, 2018; Ord. 808 § 1, 2025)
A. 
Definitions.
1. 
"Discarded vehicle"
means any vehicle that does not have lawfully affixed thereto an unexpired license plate or is in one or more of the following conditions:
a. 
Wrecked;
b. 
Dismantled;
c. 
Partially dismantled;
d. 
Abandoned; or
e. 
Junked.
A discarded vehicle includes major parts thereof, including, but not limited to, bodies, engines, transmissions and rear ends.
2. 
"Inoperative vehicle"
means any vehicle which is incapable of being driven or operated in the manner in which it is intended to be used, but which is not a discarded vehicle as defined herein.
B. 
Discarded Vehicles Prohibited. It shall be unlawful to park, store or leave, or permit the parking or storing of any discarded vehicle upon any public or private property within the City, unless it is located where it is not visible from outside the owner's property, or unless it is in connection with a properly authorized business pursuant to the zoning laws of the City.
C. 
Inoperative Vehicles. It shall be unlawful to park, store or leave, or permit the parking or storing of, more than one inoperative vehicle upon any public or private property within the City, unless such vehicles are located where they are not visible from outside the owner's property, or unless it is in connection with a properly authorized business pursuant to the zoning laws of the City.
D. 
Owner Responsibility. The accumulation or storage of discarded vehicles or inoperative vehicles in violation of this chapter, on public or private property, shall constitute a nuisance. It shall be the duty of the registered owner of the vehicle, the owner of the private property, and the lessee or other person in possession of the private property upon which the vehicle is located, to remove it from the City, or to have it located where it will not be visible from a public street or other property.
E. 
Notice. It shall be the duty of the City Administrator to give written notice to such persons as described in subsection (D) of this section as may reasonably be determined. Such notice shall be given as provided in BMC § 8.30.150.
F. 
Violation. Failure to remove a discarded or inoperative vehicle pursuant to the notice provided in subsection (E) of this section shall constitute a violation of this section and shall be subject to the penalties provided in BMC § 8.30.210 and § 8.30.220. Any or all of the responsible parties described in BMC § 8.30.040 may be charged with such a violation or violations.
(Ord. 682 § 1, 2002; Ord. 772, 2018)
A. 
The acts, conditions or objects specifically enumerated and defined in BMC § 8.30.020 through § 8.30.120 are declared public nuisances; and such acts, conditions or objects may be abated by any of the procedures set forth in BMC § 8.30.150 through § 8.30.200.
B. 
In addition to the nuisances specifically enumerated within this chapter, every other thing, substance or act which is determined by the Council to be injurious or detrimental to the public health, safety or welfare of the City is declared a nuisance and may be abated as provided in this chapter.
(Compilation § 4-5.45; Ord. 588 § 45, 1989)
A. 
Upon determination by the City Administrator that a nuisance exists, the City Administrator shall cause a notice to be posted on the premises or at the site of the nuisance, directing that person responsible to abate the nuisance.
B. 
At the time of posting, the City Administrator shall cause a copy of the notice to be forwarded to the person responsible at the person's last known address or by electronic means. The City Administrator shall document methods of notice as part of the file.
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 or other required time frame 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 responsible.
5. 
A statement that failure to abate a nuisance may warrant imposition of a fine or jail sentence.
6. 
A statement that the person responsible may protest the order to abate by giving notice to the City Recorder within five days from the date of the notice.
D. 
If the person responsible is not the owner, an additional notice shall be sent to the owner stating that the cost of abatement not paid by the person responsible may be assessed to and become a lien on the property.
E. 
Upon completion of the posting and mailing, the persons posting and mailing shall execute and file copies of the notice stating the date and place of the mailing and posting.
F. 
An error in the name or address of the person responsible shall not make the notice void, and in such case the posted notice shall be sufficient.
(1981 Compilation § 4-5.46; Ord. 588 § 46, 1989; Ord. 772, 2018)
A. 
Within 10 days or other time frame as may be required after the posting and mailing of notice as provided in BMC § 8.30.150, the person responsible shall remove the nuisance or show that no nuisance exists.
B. 
A person responsible, protesting that no nuisance exists, shall file with the City Administrator a written statement which shall specify the basis for so protesting.
C. 
The statement shall be referred to the City Council as a part of its regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the person protesting may appear and be heard by the Council; and the Council shall determine whether or not a nuisance in fact exists; and the determination shall be entered in the official minutes of the Council. Council determination shall be required only in those cases where a written statement has been filed as provided.
D. 
If the Council determines that a nuisance does in fact exist, the person responsible shall, within 48 hours after the Council determination, abate the nuisance.
(1981 Compilation § 4-5.47; Ord. 588 § 47, 1989; Ord. 772, 2018)
If more than one person is a 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.
(1981 Compilation § 4-5.48; Ord. 588 § 48, 1989)
A. 
If, within the time allowed, the nuisance has not been abated by the person responsible, the Council may cause the nuisance to be abated.
B. 
The officer charged with abatement of the nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance.
C. 
The City shall set by resolution an hourly rate for nuisance abatement performed by City personnel. The City Administrator shall keep an accurate record of the time spent by the City in physically abating the nuisance, and any and all expenses incurred, and any amounts spent for contracted services. A charge of $20.00 or 20 percent of those expenses, whichever is the greater, will be included for administrative overhead.
(1981 Compilation § 4-5.49; Ord. 588 § 49, 1989; Ord. 589 § 1, 1989; Ord. 772, 2018)
A. 
The City Recorder shall forward to the owner and the person responsible by mail, by hand-delivery or by posting on the subject 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 the person responsible objects to the cost of the abatement as indicated, a notice of objection may be filed with the City Recorder not more than five days from the date of the notice.
B. 
Council, in the regular course of business, 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, an assessment of the costs, as stated or as decided by the Council, shall be entered in the docket of City liens by the City Recorder. When the entry is made, it 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 rate of interest determined by the Council at the time the assessment is entered in the lien docket. The interest shall begin to run 10 days after the date of entry of the lien in the lien docket.
E. 
An error in the name of the owner or the person responsible or a failure to receive the notice of the proposed assessment will not void the assessment, and it shall remain a valid lien against the property.
(1981 Compilation § 4-5.50; Ord. 588 § 50, 1989; Ord. 772, 2018)
The procedure provided by this chapter is not exclusive but is in addition to procedures provided by other ordinances; and the City Administrator or any other City official may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property including nuisances that may have a 10-day, 48-hour or 24-hour time frame for the nuisance.
(1981 Compilation § 4-5.51; Ord. 588 § 51, 1989; Ord. 772, 2018)
Any person or persons who shall be convicted of being the author or keeper of a nuisance, or otherwise guilty of a violation of any of the provisions of this chapter, shall be fined not less than $25.00 nor more than $100.00, or by imprisonment not to exceed 25 days, or by both fine and imprisonment.
(1981 Compilation § 4-5.52; Ord. 588 § 52, 1989)
A. 
Each day's violation of a provision 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. The imposition of a penalty does not relieve a person of the duty to abate the nuisance; however, abatement of a nuisance within the required time frame allowed by ordinance of determination that a nuisance exists will relieve the person responsible from the imposition of any fine or imprisonment under BMC § 8.30.210.
(1981 Compilation § 4-5.53; Ord. 588 § 53, 1989; Ord. 772, 2018)