No owner or person in control or possession of property may permit weeds or other noxious vegetation to grow upon his property. It is the duty of an owner or person in control or possession of property to cut down or to destroy weeds or other noxious vegetation from becoming unsightly or from becoming a fire hazard or from maturing or going to seed.
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" includes:
1. 
Weeds more than 10 inches high.
2. 
Grass more than 10 inches high and not within the exception stated in subsection (A) of this section.
3. 
Poison oak.
4. 
Poison ivy.
5. 
Blackberry bushes that extend into a public thoroughfare or across a property line.
6. 
Vegetation that is:
a. 
A health hazard;
b. 
A fire hazard because of its height, density, dryness or 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. 
No owner or person in charge of property shall allow noxious vegetation or debris to be on the property or in the right-of-way of a public thoroughfare abutting on the property. The debris shall be removed from areas indicated within seven days by the owner or person in control or possession of the property.
D. 
Debris on Private Property. The term "debris" includes rubbish, manure, trash of any nature, such as, but not limited to, paper, plastic, glass, miscellaneous pieces of metal or wood, dead animals or fowl, property obviously discarded such as parts of bicycles, toys, vehicles or machinery, household items such as mattresses, stoves, heaters, washing machines, dryers, and TVs. Usable items that are in continuous obvious disarray in a yard are also considered to be debris. Accumulations of debris such as, but not limited to, the items listed above that are located on private property which affect the health, safety or welfare of the city shall be removed within a reasonable time as determined by the police department.
E. 
No person shall throw, dump, or deposit on public or private property, and no person may keep on private property, any injurious or offensive substance or any kind of rubbish, trash, debris, motor vehicles or parts thereof, building materials, machinery, refuse or any substance that would mar the appearance, create a stench or fire hazard, or detract from the cleanliness or safety of the property or would be likely to injure a person, animal or vehicle traveling on a public way.
F. 
It will be the responsibility of sponsors of the various public or private events such as parades, political gatherings, picnics, Rooster Crow, etc., that involve crowd gatherings, to remove litter and debris, etc., resulting from the event. This will be completed within 24 hours following the conclusion of the applicable event. Failure to accomplish the proper clean up will result in the city abatement of the problem, with resultant charges levied against the sponsors. A notice of this requirement for sponsors will be given by the city recorder to the responsible sponsor or person applying for the written and/or event for said events. In cases where no written permission is sought or needed the provisions of this subsection still apply.
G. 
The accumulation of high weeds, grass, and other debris is found to create a condition tending to reduce the value of private property; to promote blight, deterioration and unsightliness; to create fire hazards; to create a harborage for rodents and insects; and to be injurious to the health, safety and general welfare. Therefore, the presence of such conditions on private or public property is declared to constitute a public nuisance which may be abated in accordance with the procedures outlined in RRMC § 8.05.320 through § 8.05.380.
(Ord. 04-322-O § 49)
No person may permit or cause a nuisance affecting the public health. The following are nuisances affecting the public health and shall be abated as provided in this chapter:
A. 
Privies. An open vault or privy constructed or maintained within the city, except those constructed or maintained in connection with construction or other temporary projects in accordance with the Oregon State Board of Health regulations.
B. 
Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests.
C. 
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 such water in a manner that will cause harmful material to pollute the water.
D. 
Food. Decayed or unwholesome food which is offered for human consumption.
E. 
Odor. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition.
F. 
Surface Drainage. Drainage of liquid wastes from private premises.
G. 
Trackout. The deposition of mud, dirt and other debris on public roadways by motor vehicles; the material being so tracked onto public roadways.
1. 
Dust and Trackout Regulation. No person shall track out mud, dirt or other debris from public or private lands onto paved public roads without taking reasonable precautions to prevent such matter from becoming airborne or creating a public nuisance or health hazard. These precautions shall include prompt removal of all such materials from public streets. The city may require the imposition of building permit conditions for the prevention of trackout. Conditions imposed may include, but not be limited to:
a. 
The posting of a bond sufficient to assure available funds for road surface cleanup by the city if the contractor or permittee is negligent in cleanup of adjacent public roadways.
b. 
Street sweeping, vacuuming or other means of removing trackout materials from public roadways.
c. 
Installation of wheel washers at exits of major construction sites.
d. 
Use of temporary or permanent barricades to keep traffic off unpaved areas.
e. 
Require graveling of access roads on site.
f. 
Limit the use of public roadways by construction vehicles.
g. 
Issue a stop work order if trackout occurs and is not promptly corrected.
(Ord. 04-322-O § 50)
A. 
Upon determination by the Rogue River police department that a nuisance as defined in this section or any other ordinance of the city exists, the police department shall forthwith cause a notice to be posted on the premises where the nuisance exists. In the case of a vacant lot, the city administrator shall mail a notice via registered or certified mail, postage prepaid, to the owner or person in control or possession of the property at the last known address of such owner or other person, directing the owner or person in control or possession of the property to abate such nuisance. The notice shall be dated with the date of the posting or mailing and a copy filed in a follow-up file to ensure a second notice is promptly sent if the city has not been notified within 10 days that the nuisance has been abated.
B. 
The notice to abate shall contain:
1. 
A description of the real property, by street address or otherwise, on which such nuisance exists.
2. 
A direction to abate the nuisance and to notify the city administrator that the nuisance has been removed or show that no nuisance exists within 10 days from the date of the notice.
3. 
A description of the nuisance.
4. 
A statement that unless such nuisance is removed and the city notified of the removal, the city may abate the nuisance and the cost of abatement shall be a lien against the property.
5. 
A statement that the owner or other person in possession or control of the property may protest the abatement by giving notice to the city administrator within 10 days from the date of the notice.
C. 
An error in the name or address of the owner or person in control or possession of the property or the use of a name other than that of the owner or other person shall not make the notice void and in such a case the posted notice shall be sufficient.
(Ord. 04-322-O § 56)
A. 
The owner or person in control or possession protesting that no nuisance exists shall file with the city administrator a written statement that shall specify the basis for so protesting.
B. 
The statement shall be referred to the council as a part of the council's regular agenda at the next succeeding meeting. At the time set for consideration of the abatement, the owner or other person may appear and be heard by the council, and the council shall thereupon determine whether or not a nuisance in fact exists and such 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.
C. 
If the council determines that a nuisance does in fact exist, the owner or other person shall within 10 days after such council determination abate the nuisance or be subject to the provisions of RRMC § 8.05.340.
(Ord. 04-322-O § 57)
A. 
If, within the time allowed, the nuisance has not been abated by the owner or person in control or possession of the property, the city administrator may cause the nuisance to be abated.
B. 
The officer charged with abatement of such 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 administrator shall keep an accurate record of the expense incurred by the city in abating the nuisance and shall include therein a charge of 20 percent of the expense for administrative overhead.
(Ord. 04-322-O § 58)
A. 
The city administrator, by registered or certified mail, postage prepaid, shall forward to the owner and person in possession or control 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 possession or control of the property objects to the cost of the abatement as indicated, he or she may file a notice of objection with the city administrator not more than 10 days from the date of the notice.
B. 
Upon expiration of 10 days after the date of notice, the council in the regular course of business shall hear and determine the objections to the costs to be 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 determined by the council shall be made by resolution and shall thereupon be entered in the docket of city liens, and upon such entry being made shall constitute a lien upon 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 12 percent per annum. Such interest shall commence to run from the date of the entry of the lien in the lien docket.
E. 
An error in the name of the owner or person in possession or control of the property 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. 04-322-O § 59)
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.
(Ord. 04-322-O § 60)
The procedure provided by this chapter is not exclusive, but is in addition to procedure approved by other chapters. The chief of the Rogue River fire district, the chief of police, or any other city official may proceed summarily to abate a health or other nuisance that imminently endangers human life or property. Summary abatement includes, but is not limited to, suspension of any and all city permits relating to construction on the site which is the source of the mud, dirt or debris.
(Ord. 04-322-O § 61)
A. 
Each day's violation of a provision of this chapter constitutes a separate offense.
B. 
The abatement of a nuisance shall not constitute a penalty for violating this chapter, but shall be an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate a nuisance. However, abatement of a nuisance within the time provided from the date of notice to abate, or if a written protest has been filed then from the date of council determination that a nuisance exists, shall relieve the person responsible from the imposition of a fine under RRMC § 8.05.290.
(Ord. 04-322-O § 62)