The purpose of this article is to provide a method for the city to hold persons who allow criminal activity or conditions to occur on their property responsible for their actions while protecting their property rights.
(Ord. 17-400-O)
When not clearly otherwise indicated by the context, the following words and phrases as used in this article shall have the following meanings:
means the chief of police of the city of Rogue River, Oregon.
is defined as follows:
means the city of Rogue River, Oregon.
means the city administrator of the city of Rogue River, Oregon.
means the ability to regulate, restrain, dominate, counteract or govern conduct that occurs on a property.
means the Rogue River municipal court or any other court of competent jurisdiction.
means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
includes any person who, on the occasion of a prohibited activity, has entered, patronized, or visited, or attempted to enter, patronize or visit, a property or person present on a property, including without limitation any officer, director, customer, agent, employee, or any independent contractor of a property, person in charge, or owner thereof.
of property means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project.
are defined as follows:
Harassment as defined in ORS 166.065(1)(a) or the city code.
Disorderly conduct as provided in ORS 166.025 or the city code.
Public indecency as provided in ORS 163.465.
Offensive littering as provided in ORS 164.805.
Property which in addition to or in combination with the prescribed number and duration of prohibited activities, upon request for 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, 475.005 to 475.285 and/or 475.940 to 475.995 have occurred.
Violating RRMC § 8.05.230: keeping an animal that, by loud and frequent continued noise, disturbs the comfort and repose of a person in the vicinity.
Discharge of firearms in violation of RRMC § 8.05.090.
Frequenting a place where controlled substances are used as provided in ORS 167.222.
means any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any residential premises, room, house, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent. For property consisting of more than one unit, property is limited to the unit or the portion of the property on which any prohibited activity has occurred or is occurring, but includes areas of the property used in common by all units of property including without limitation other structures erected on the property and areas used for parking, loading and landscaping.
(Ord. 17-400-O)
(Ord. 17-400-O)
A.
When the chief of police or his designee receives two or more reports documenting the occurrence of prohibited activity on or within 200 feet of a property within the city limits, the chief of police or his designee shall independently review the reports to determine whether they describe prohibited activities enumerated in this code under this chapter. Upon such a finding the chief of police or his designee may:
1.
Notify the person in charge and property owner in writing that the property is in danger of becoming chronic disorderly property. The notice shall contain the following information:
a.
The street address or legal description sufficient for identification of the property.
b.
A statement that the chief of police has information that the property may be chronic disorderly property, with a concise description of the prohibited activities that may exist, or that have occurred. The chief of police shall offer the person in charge an opportunity to propose a course of action that the chief of police agrees will abate the prohibited activities giving rise to the violation.
c.
Demand that the person in charge respond to the chief of police within 10 days to discuss the prohibited activities.
B.
When the chief of police receives a report documenting the occurrence of a fourth prohibited activity at or within 200 feet of a property in a residential neighborhood within a 60-day period and determines that the property has become chronic disorderly property, the chief of police shall:
1.
Notify the person in charge in writing that the property is a chronic disorderly property. The notice shall contain the following information:
a.
The street address or legal description sufficient for identification of the property.
b.
A statement that the chief of police has determined the property to be chronic disorderly property with a concise description of the prohibited activities leading to the findings.
c.
Demand that the person in charge respond within 14 days to the chief of police and propose a course of action that the chief of police agrees will abate the prohibited activities giving rise to the violation.
d.
Service shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person in charge at the address of the property believed to be a chronic disorderly property, or any other place which is likely to give the person in charge notice of the determination by the chief of police.
e.
A copy of the notice shall be served on the owner at the address shown on the tax rolls of the county in which the property is located, and the occupant, at the address of the property, if these persons are different from the person in charge, and shall be made either personally or by first class mail, postage prepaid.
f.
A copy of the notice shall be posted at the property.
3.
If, after the notification, but prior to the commencement of legal proceedings by the city pursuant to RRMC § 8.05.400 to § 8.05.480, a person in charge stipulates to the chief of police that the person in charge will pursue a course of action the parties agree will abate the prohibited activities giving rise to the violation, the chief of police may agree to postpone legal proceedings for a period of not less than 10 days nor more than 30 days. If the agreed course of action does not result in the abatement of the prohibited activity or if no agreement concerning abatement is reached within 30 days, the chief of police may refer the matter to the city administrator for review.
C.
When a person in charge makes a response to the chief of police as required by subsection (B)(1)(c) of this section, any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any prohibited activities have or are occurring. This subsection does not require the exclusion of any evidence that is otherwise admissible or offered for any other purpose.
(Ord. 17-400-O)
A.
In an action for chronic disorderly property, the city shall have the initial burden of proof to show by a preponderance of the evidence that the property is chronic disorderly property.
B.
It is a defense to an action for chronic disorderly property that the person in charge at all material times could not, in the exercise of reasonable care or diligence, determine that the property had become chronic disorderly property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the determination that the property is chronic disorderly property.
C.
In establishing the amount of any civil penalty requested, the court may consider any of the following factors and shall cite those found applicable:
1.
The actions taken by the person in charge to mitigate or correct the prohibited activities at the property;
2.
The length of time that the prohibited activity has been going on and whether the problem at the property was repeated or continuous;
3.
The magnitude or gravity of the problem;
4.
The cost to the city of investigating and correcting or attempting to correct the prohibited activities;
5.
Any other factor deemed by the court to be relevant.
(Ord. 17-400-O)
Any emergency closure proceeding initiated under this provision shall be based on evidence showing that prohibited activities have occurred on the property and that emergency action is necessary to avoid an immediate threat to public welfare and safety. Proceedings to obtain an order of emergency closure shall be governed by the provisions of ORCP 79 for obtaining temporary restraining orders. In such an event the notice procedures set forth in RRMC § 8.05.430(B) need not be complied with.
(Ord. 17-400-O)
A.
The city administrator may authorize the city attorney to commence legal proceedings to enjoin or abate chronic disorderly property and to seek closure, the imposition of civil penalties against any or all of the persons in charge of the property, and any other relief deemed appropriate.
B.
If, after the commencement but prior to the trial of an action or suit brought by the city pursuant to RRMC § 8.05.400 to § 8.05.430, a person in charge of chronic disorderly property stipulates to the city that he or she will pursue a course of action the parties agree will abate the prohibited activities giving rise to the violation, the city may agree to stay proceedings for a period of not less than 10 days nor more than 60 days. The person in charge or the city may thereafter petition the court for additional like periods of time as may be necessary to complete the action to abate the prohibited activities. However, if the city reasonably believes the person in charge of a property is not diligently pursuing the action necessary to abate the prohibited activities, the city may apply to the court for release from the stay and may seek relief deemed appropriate.
C.
If a court determines property to be chronic disorderly property, the court shall order that the property be closed and secured against all access, use and occupancy for a period of not less than three months, nor more than one year. The court shall retain jurisdiction during any period of closure. The person in charge may petition the court for an order reducing the period of closure if the person in charge and the city stipulate that the nuisance has been and will continue to be abated.
D.
If a property is found to be chronic disorderly property in violation of RRMC § 8.05.420, the person in charge of the chronic disorderly property is subject to a civil penalty of up to $100.00 per day for each day prohibited activities occur on the property, following notice pursuant to RRMC § 8.05.430(B).
E.
Nothing in these provisions shall require any conviction for criminal activities prior to the commencement of any action provided herein.
(Ord. 17-400-O)
A.
The court may authorize the city to physically secure the property against all access, use or occupancy if the person in charge fails to do so within the time specified by the court. If 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" means those costs actually incurred by the city for physically securing the property, as well as tenant relocation costs pursuant to subsection (E) of this section.
B.
The city shall prepare a statement of the costs expended for physically securing the property and 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 money judgment.
D.
Any person who is assessed the costs of physically securing the property by the court shall be personally liable for the payment of costs to the city.
E.
The person in charge shall pay reasonable relocation costs of a tenant, if, without actual notice, the tenant moved into the property after either:
1.
A person in charge received notice from the chief of police of the determination pursuant to RRMC § 8.05.430(B); or
(Ord. 17-400-O; Ord. 23-418-O § 25)
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. 17-400-O)
The city of Rogue River adopts and incorporates by reference herein the Oregon Revised Statutes regarding procedures for processing violations as described in ORS 153.005 to 153.161. Therefore, the Rogue River Municipal Code hereby authorizes city of Rogue River employees to process violations pursuant to state law per the above listed sections.
(Ord. 17-400-O)
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 17-400-O)