(A) Privies. Any open vault or privy maintained within the city, except those privies used in connection with construction projects and constructed in accordance with the State Board of Health regulations.
(B) Debris on private property. All accumulations of debris, rubbish, manure, and other refuse located on privately-owned real property or sidewalks abutting thereon, and which has not been removed within a reasonable time, and which affect the health, safety, or welfare of the city.
(C) Stagnant water. Any pool of water which is without a proper inlet or outlet and which, if not controlled, will be a breeding place for mosquitoes and other similar insect pests.
(D) Water pollution. The pollution of any body of water or stream or river by sewage, industrial wastes, or other substances placed in or near such water in a manner that will cause harmful material to pollute the water.
(E) Food. All decayed or unwholesome food which is offered for human consumption.
(F) Odor. Any premises which are in such state or condition as to cause a noisome or offensive odor, or which are in an unsanitary condition.
(G) Hazardous trees.
(1) No owner or person in charge of property that abuts upon a street, alley, public right-of-way, or public sidewalk shall permit trees or bushes on his or her property to interfere with street or sidewalk traffic.
(2) It shall be the duty of an owner or person in charge of property that abuts upon a street or public sidewalk to keep all trees and bushes on his or her premises, including the adjoining parking strip, trimmed to a height of not less than eight feet above the sidewalk and not less than 15 feet above the roadway.
(3) No owner or person in charge of property shall allow to stand a dead or decaying tree that is a hazard to the public or to persons or property on or near the property.
(4) Process for tree removal.
(a) If the city and property owner cannot concur as to the hazard of a tree, a professional arborist will be employed to provide a recommendation paid by whichever party was incorrect as to the status of the alleged hazard.
(b) Within 30 days after the date of notice to the owner of the property, the owner of the property shall cause the tree determined to be dead or dangerous to be removed.
(c) At the request of the owner, the City Recorder or his or her designate will cause said dead or dangerous tree to be removed for a fee sufficient to cover the direct cost plus 10% for administrative overhead with a minimum fee.
(d) The City Recorder or his or her designate may cause to be removed any tree determined to be dead or dangerous at any time following the deadline for removal set forth at division (G)(4)(b) above. The cost of the removal of said dead or dangerous tree shall be as calculated in division (G)(4)(c) above and will be a charge to the owner of the property and will become a lien against the property.
(H) Cannabis related nuisances.
(1) Odor.
(a) Licensed cannabis businesses located within the city must use an air filtration and ventilation system which is certified by an Oregon licensed mechanical engineer to ensure, to the greatest extent feasible, that all objectionable odors associated with the cannabis business, whether related to consumption, retail sale, production, or processing, are contained within the property lines or enclosed structures located on the licensed premises.
(b) For the purposes of this provision, the standard for judging “objectionable odors” shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the location and community in which the odor originates or where it is detected.
(2) Access and visibility. No owner or person in charge of property that abuts upon a street, alley, public right-of-way, or public sidewalk shall permit cannabis outside of an enclosed structure, unless so licensed by the state.
(3) Hazardous air contaminants. No person in charge of property shall permit hazardous air contaminants to be released from the licensed property or enclosed structures. Initiating or maintaining in a solid-fuel space-heating device or elsewhere on property the burning of any plastics, wire insulation, petroleum by-products, petroleum-treated materials, rubber products, animal remains, or animal or vegetable matter resulting from the handling, preparation, cooking, or service of food, or of any other material which normally emits dense smoke, noxious odors, or hazardous air contaminants.
(4) Vaping. There will be no smoking or vaping allowed on city-owned rights-of way and city-owned properties including, but not limited to, city sidewalks and streets.
(Prior Code, § 92.16) (Ord. 95, passed 11-6-1967; Ord. 18-400, passed 7-23-2018; Ord. 18-500, passed 8-27-2018) Penalty, see § 92.99