For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHRONIC NUISANCE ABATEMENT PLAN (CNAP). A plan required to be submitted by a "Person in Charge" in response to a notice authorized under this chapter that includes actions to abate, correct, or eliminate the occurrence of chronic nuisance activities on or around the property. A CNAP may include, but is not limited to the following: actions to remedy building code, fire code, property maintenance code, and nuisance code violations; eviction of problem tenants responsible for causing chronic nuisance activities; or hiring security guards to monitor the property. A CNAP shall include an implementation timeline.
CHRONIC NUISANCE PROPERTY. Property on which:
(1) Three or more nuisance activities have occurred during any 30-day period;
(2) Four or more nuisance activities have occurred during any 120-day period;
(3) Six or more nuisance activities have occurred during any 365-day period; or
(4) A court has issued a search warrant based upon probable cause that possession, manufacture, or delivery of a controlled substance or related offenses as defined in O.R.S. 167.203, O.R.S. 475.005 through O.R.S. 475.285, and/or O.R.S. 475.752 through 475.980 has occurred within the previous 30 days, and the execution of the search warrant has resulted in the discovery of such controlled substances.
CONTROL. The ability to regulate, restrain, dominate, counteract, or govern conduct that occurs on property.
NUISANCE ACTIVITIES. Any of the following activities, behaviors, or criminal conduct that occurs on or within 200 feet of the property:
(1) Harassment as provided in O.R.S. 166.065 or § 130.021 of this code;
(2) Intimidation as provided in O.R.S. 166.155 through 166.165;
(3) Disorderly conduct as provided in O.R.S. 166.025 or § 130.018 of this code;
(4) Assault as provided in O.R.S. 163.160, O.R.S. 163.165, O.R.S. 163.175, O.R.S. 163.185 or § 130.015 of this code;
(5) Strangulation as provided in O.R.S. 163.187;
(6) Menacing as provided in O.R.S. 163.190 or § 130.016 of this code;
(7) Recklessly endangering another person as provided in O.R.S. 163.195 or § 130.017 of this code;
(8) Public or private indecency as provided in O.R.S. 163.465 and O.R.S. 163.467 or § 130.025 of this code;
(9) Prostitution or related offenses as provided in O.R.S. 167.007 through O.R.S. 167.017;
(10) Alcoholic liquor violations as provided in the Oregon Liquor Control Act;
(11) Theft as provided in O.R.S. 164.015 through 164.140 or § 130.040 of this code;
(12) Arson or related offenses as provided in O.R.S. 164.315 through 164.325;
(13) Possession, manufacture, or delivery of a controlled substance or related offenses as provided in O.R.S. 167.203, O.R.S. 475.005 through 475.285, and/or O.R.S. 475.752 through 475.980;
(14) Criminal mischief as provided in O.R.S. 164.345 through 164.365 or § 130.043 of this code;
(15) Any attempt to commit (as defined by O.R.S. 161.405), or conspiracy to commit (as defined by O.R.S. 161.455), any of the above offenses;
(16) Marijuana-related offenses as provided in the Control and Regulation of Marijuana Act (O.R.S. 475B.010 through O.R.S. 475B.395), the Oregon Medical Marijuana Act (O.R.S. 175B.400 through O.R.S. 465B.525);
(17) Hindering prosecution as provided in O.R.S. 162.325;
(18) Discharge of weapons as provided in § 130.071;
(21) Animal violations as provided in § 90.03;
(22) Reckless burning as provided in O.R.S. 164.135;
(24) Failure to maintain garbage service as provided in § 50.03 of this code;
(26) Maintaining inoperable and discarded vehicles in violation of Chapter 92, each separate vehicle being a separate violation;
(27) Failure to allow electrical meter accessibility, allowing unlawful connections, or other unauthorized and prohibited activity as provided in Chapter 53;
(28) Failure to maintain water/wastewater utility service while a property is occupied; and
(29) Any other activity required by state or local rule, or failure to perform such activity, which affects health, safety, or occupancy of a property.
PERMITS or MAINTAINS. To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
PERSON. Any natural person, agent, association, firm, partnership, or corporation capable of owning, occupying, using, or managing property in the city.
PERSON ASSOCIATED WITH. Any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited 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.
PERSON IN CHARGE. Any person, in actual or constructive possession of a property, including but not limited to, an owner, occupant, tenant, or person authorized to manage a property.
PROPERTY. Any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to, any business or 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 nuisance abatement 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. No. 452, passed 8-24-2020)