§ 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)

§ 90.07 LIABILITY.

   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)

§ 90.08 USE OF A RECREATIONAL VEHICLE AS A DWELLING.

   (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)