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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, resident or user of any real property or improvements, including a vacant lot, maintain or allow to be maintained, any of the following conditions visible from any public right-of-way or from any other property:
(A) Junk, trash, litter, discarded lumber, salvage materials or other similar materials;
(B) Attractive nuisances dangerous to children, including but not limited to abandoned, broken or neglected equipment, machinery, refrigerators and freezers, excavations, wells or shafts, and any unguarded machinery;
(C) Broken or discarded furniture, equipment, furnishings or shopping carts;
(D) Dead, decayed, diseased or hazardous trees, or any other vegetation that presents a hazard or danger to the public;
(E) Trees, hedges, billboards or other obstructions that prevent drivers or pedestrians from having a clear view of traffic signs and other control devices or traffic approaching an intersection from cross streets in sufficient time to stop before entering the intersection;
(F) Limbs of trees that are less than 8 feet above the surface of any sidewalk, street or public right-of-way;
(G) Wires, except clotheslines, which are strung less than 15 feet above the surface of the ground;
(H) Any sign or graffiti, not in compliance with the city's adopted sign regulations, on the exterior of any building, fence or other structure;
(I) Vehicle parts or other articles of personal property which are discarded or left in a state of disrepair, repair or partial construction;
(J) Any accumulation of growing or cut and piled grass, weeds, brambles, branches, berry vines, or other vegetation;
(K) Hanging signs, awnings, A-frame signs and or similar structures in or over the public right-of-way, streets or sidewalks without permit, or which are situated in a manner that endangers public safety, or constructed and maintained in violation of applicable city requirements;
(L) Vehicles, boats, trailers, or parts thereof, that are inoperable due to lack of legal requirements, have no currently valid license or registration, safety equipment or the like, or are not capable of being safely operated or driven in the manner for which they were designed, or have been on the same parcel of private property for 30 days or longer. This section shall not apply to vehicles enclosed or stored within a building with walls and a roof that are completely screened from public view.
(M) Sidewalks; duty of abutting property owner. The failure of a property owner to maintain, keep and repair any sidewalk abutting the owner’s property in a safe condition, to keep them free of accumulated ice, snow and leaves, is declared to be a nuisance. It shall be the duty of all persons owning lots or lands which have abutting sidewalks to maintain, keep and repair those sidewalks in a safe condition, to keep them free of accumulated ice, snow and leaves, and to not permit them to become or remain in a dangerous or unsafe condition. Any owner of lots or lands who neglects to promptly comply with the requirements of this section shall be liable to anyone injured by such negligence. Any property owner who neglects or otherwise fails to perform any duty required by this section and another person is injured as a result, the property owner shall reimburse the city for all damages it has been compelled to pay in such case, and those payments may be enforced in any court having jurisdiction.
(Ord. 2014-05-02, passed 5-13-2014; Am. Ord. 2017-06-02, passed 7-13-2017)
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)
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)
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)
The city shall not be liable to any person for any loss, injury or damage to persons or property arising from any act, omission, requirement or prohibition of this chapter. Any person, owner or user of property that fails to promptly comply with the requirements or prohibitions of this chapter shall be answerable to any person injured by such a failure for any and all damages recoverable by an action at law. If any claim or legal action is brought against the city arising from a person's actions or failure to act as required by this chapter, the person responsible for the action or failure to act that gave rise to the claim shall be liable to the city for its costs and damages in defending any such claim, including reasonable attorney and witness fees and any penalty or judgment that a court may impose against the city.
(Ord. 2014-05-02, passed 5-13-2014)
(A) For purpose of this section, RECREATIONAL VEHICLE or TRAILER means any vehicle that is self-propelled or towed by a motor vehicle and designed for camping, non-permanent or recreational habitation.
(B) No person shall live, sleep or reside in a recreational vehicle or trailer located on a lot or on a public street for more than 5 consecutive days nor more than 10 days total in a 30-day period, unless a permit issued by the City Manager is first obtained and displayed in the front window of the recreational vehicle or trailer. The City Manager shall assess a $20 fee for such a permit and may place reasonable conditions, including time limitations, on the permit.
(Ord. 2014-10-01, passed 11-11-2014; Am. Ord. 2022-08-04, passed 9-13-2022)
(A) Lodging in vehicle prohibited. Between the hours of 9:00 p.m. and 6:00 a.m., no person shall use a vehicle for lodging on any public street, parking lot or other public property in the city. As used in this section, vehicle lodging means the combination of one or more of the activities in division (A)(1) with one or more of the activities in division (A)(2) where it reasonably appears, in light of all the circumstances, that a person is using a vehicle for living accommodations. As used in this section, “vehicle” means any vehicle, car, truck, van, a motorized or towed recreational vehicle, trailer or coach.
(1) Storing of contents inside a vehicle that are not associated with ordinary vehicle use, such as a sleeping bag bedroll, blanket, sheet, pillow, kitchen utensils, cookware equipment, bodily fluids, the storage or placement of personal possessions or belongings that obscure some or all of the vehicle’s windows; and
(2) The preparation or cooking of meals or sleeping.
(B) Penalty. Violation of this section constitutes a civil infraction of the Banks Code of Ordinances (BCO) that may be prosecuted pursuant to BCO Ch. 27 (Civil Enforcement).
(C) Exception. This section shall not apply when a recreational vehicle or trailer is lawfully used for temporary habitation pursuant to BCO 90.08 (Use of a Recreational Vehicle as Dwelling).
(Ord. 2016-12-02, passed 2-10-2017; Am. Ord. 2022-08-04, passed 9-13-2022)