§ 90.04 NUISANCES AFFECTING HEALTH.

   The following conditions are declared to be nuisances that jeopardize the health, safety and welfare of the residents of Banks. No person shall engage in any of the following activities, nor shall any owner or resident of any real property or improvements, including a vacant lot, maintain or allow to be maintained, any of the following conditions:

   (A)   Decayed or unwholesome food offered for sale to the public;

   (B)   Diseased animals running at large;

   (C)   Carcasses of animals not buried or destroyed within 24 hours after death;

   (D)   Accumulation of rubbish, trash, household appliances, tires, manure or refuse of any kind;

   (E)   Garbage cans or other waste or septic containers that are not flytight;

   (F)   Dilapidation or state of filthiness or uncleanness of any dwelling or other structure that endangers health or life, violates the Dangerous Building Code or attracts, harbors or permits entrance by rats, mice or other rodents;

   (G)   Smoke, noxious fumes, smells, gas, soot or cinders produced on a property, that are not contained or filtered, and are allowed to leave the property;

   (H)   Pollution or contamination of any public stream, river, lake, storm sewer or other surface water body with soil, sediments or dust or the contamination of any public or private street, road or storm water drainage facility with dirt, dust or mud from any construction, earth moving, vegetation removal or development activity;

   (I)   The discharge to, or contamination of, any surface water, stream, well, ditch or public right-of-way by sewage, agricultural or industrial wastes, silt, soil, mud or other pollutants;

   (J)   The excavation, exposing, destabilization or disturbing of public utility lines or pipes, including sanitary sewer, water, stormwater and the like and the failure to properly cover, stabilize and restore such utility lines or pipes once they have been exposed or otherwise disturbed. The installation or alteration of public utility lines or pipes shall be done in compliance with applicable city requirements after consultation with the City Engineer or other appropriate official, and shall be subject to final inspection to ensure compliance with city requirements.

   (K)   All other acts, omissions, occupations or uses of property that are deemed by the City Council, the Board of Health or Department of Environmental Quality to be a nuisance or hazard to public health.

(Ord. 2014-05-02, passed 5-13-2014)

§ 90.05 NUISANCES AFFECTING PEACE AND SAFETY.

   The following conditions are declared to be nuisances that jeopardize the health, safety and welfare of the residents of Banks. No person shall engage in any of the following activities, nor shall any owner, user or resident of any real property or improvements, including a vacant lot, maintain or allow to be maintained, any of the following conditions:

   (A)   Maintenance of explosives, flammable liquids, fungicides, insecticides, herbicides, rodenticides, poisons, chemicals or other dangerous substances stored or disposed of in any manner or amount in violation of any applicable law;

   (B)   Frequent, loud or annoying noises or vibrations made or caused to be made by a person, including but not limited to amplified music, singing or a public address system, motor and engine noise from vehicles, lawn mowers, garden tools or other machinery, horns, sirens and any other noise that can be heard beyond the property on which the noise or vibration originates and which unreasonably disturbs or interferes with the peace, comfort or repose of the owners or inhabitants of neighboring property. Where applicable, proof of violation of the noise level limitations set forth in OAR Chapter 340, Division 35 shall be prima facie evidence of a violation of this section, but proof of a violation may be made by other or additional evidence;

   (C)   Buildings and alterations to buildings made or erected within fire setback limits as established by applicable requirements of state law, Washington County or the city;

   (D)   Obstruction to, or within 5 feet of, a fire hydrant or fire standpipe, including fences, poles, trees, bushes or any other vegetation;

   (E)   Buildings, structures, or parts thereof which are abandoned or allowed to fall into extreme disrepair. Any such structures determined by the City Council, in consultation with the Fire Chief, to be hazardous to public safety or to pose undue risk of fire, substantiate a violation;

   (F)   Uncut dry grass, ladder fuels including flammable bushes and/or mature trees with branches lower than 8 feet and/or stores of leaf litter or dead needles in the canopy within the area immediately surrounding a building or residential structure. Any such neglected vegetation determined by the City Council, in consultation with the Fire Chief, to pose undue risk of fire, or significantly inhibit the defensibility of a building or habitable structure presents a violation;

   (G)   Obstructions and excavations affecting the public's ordinary and safe use of public property or public rights-of-way, including streets, alleys, sidewalks and utility easements, unless specifically permitted by the city;

   (H)   Telecommunications receiving or transmitting antennas erected or maintained in any manner in violation of any applicable law or regulation;

   (I)   Use of property abutting a public street or sidewalk or any use of a public street or sidewalk, without first obtaining a permit, that causes large crowds of people to gather and obstruct traffic or the free use of the streets and sidewalks;

   (J)   The use of any property or improvement that is not allowed by the city's land use regulations, or the failure to obtain a permit or other governmental approval where one is required prior to engaging in a particular use;

   (K)   The use or conveyance of property that was created in violation of the procedural or substantive requirements of applicable subdivision or partitioning laws.

(Ord. 2014-05-02, passed 5-13-2014)

§ 90.06 NUISANCES - ENFORCEMENT AND PENALTY.

   The violation of any provision of this chapter is a nuisance and a civil infraction subject to enforcement and prosecution under the city's Civil Enforcement Chapter in addition to any other means of enforcement available to the city before any court or administrative body of competent jurisdiction. Upon a determination that a person has violated any requirement or prohibition of this chapter, that person shall be subject to a fine of up $500 per violation. Each day of violation, event or occurrence may be deemed a separate citable and punishable offense.

(Ord. 2014-05-02, passed 5-13-2014)