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(A) When the city learns that a nuisance exists, the city shall cause to be delivered to the person responsible for the location of the nuisance:
(1) A citation; or
(2) A written warning notice directing the person responsible to abate the nuisance by a certain time.
(B) The written warning notice to abate a nuisance shall contain:
(1) A description of the real property, by street address, common description or legal description, on which the nuisance exists;
(2) A description of the nuisance;
(3) A direction to abate the nuisance within 14 days from the date of receiving the notice;
(4) A statement that failure to abate a nuisance may cause the person responsible be cited into municipal court with possible imposition of a fine, as well as abatement costs;
(5) A statement that the person responsible may protest the order to abate by giving notice to the city within 14 days from the date of actual or constructive receipt of the notice; and
(6) A statement that the person responsible may make request to the city for an extension of time to abate the nuisance, not to exceed 30 days from date of receipt of the original notice.
(C) The city, upon sending out notice under division (B) above, shall also cause a report to be filed in the Police Department documenting all action occurring with this nuisance.
(D) An error in the name or address of the person responsible shall not make the notice void where the person responsible receives actual or constructive notice herein.
(Prior Code, § 130.56) (Ord. 1253, passed 12-6-2010) Penalty, see § 130.99
(A) Within 14 days after receipt of mailing of a warning notice, as provided in § 130.56, the person responsible shall abate the nuisance or prove to the city no nuisance exists.
(B) A person responsible may contest that no nuisance exists by filing with the city within 14 days a written statement describing in detail the basis, reasons and facts for denying the nuisance exists. This statement shall be received within 14 days from the date of receipt of the notice. The person responsible may request an extension from the city at any time within the original 14 days provided for nuisance abatement.
(C) The city shall have 14 days to respond in writing. The response shall indicate either:
(1) The nuisance no longer exists and no further action is required;
(2) The city may allow an extension to abate, not to exceed 30 days; and/or
(3) The nuisance still exists. If the nuisance still exists, then the city shall notify the person responsible to abate the nuisance immediately and shall issue a citation as soon as practicable.
(D) Once the final date allowed to abate has passed and the city determines the nuisance has not been abated, the city shall then cite the person responsible into municipal court.
(Prior Code, § 130.57) (Ord. 1253, passed 12-6-2010)
(A) Abatement. If, following the time limit set by the court, any nuisance has not been abated, the city may apply to the court for an abatement warrant to cause the nuisance to be “seized”, removed and abated, including disposal in an approved manner.
(B) Warrants. When the city is unable, within a reasonable time, to secure permission to enter private property to seize and abate the nuisance, a municipal, justice or circuit court judge shall issue a nuisance abatement warrant, unless not otherwise allowed by law.
(C) Procedure for issuance of a nuisance abatement warrant.
(1) Examination. Before issuing a nuisance abatement warrant, the judge may examine the available evidence and/or receive additional evidence, including, without limitation, witnesses’ testimony, e.g., applicant, a citizen complainant, city’s officer and/or any other witness, under oath for the purpose of determining whether or not a responsible person has complied with a judicial order or judgment.
(2) Issuance. If the judge determines a prior order or judgment to abate remains unsatisfied in whole or part, the judge shall issue the abatement warrant particularly describing the person or persons authorized to execute the warrant; the property to be entered; a statement of the general types and estimated quantity of the items to be removed or conditions abated; and the scope, time, place and manner of the abatement. The warrant shall contain a direction that it be executed either on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the judge has specially determined, upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.
(3) Police assistance. In issuing a nuisance abatement warrant, the judge may authorize any peace officer, as defined in state statutes, to enter the described property to remove any person or obstacle and to assist and/or protect the representative of the city in any way necessary to enter the property and remove and abate the nuisance.
(D) Execution of nuisance abatement warrants.
(1) Occupied property. Except as provided in division (B) above, in executing a nuisance abatement warrant, the person authorized to execute the warrant shall, before entry into the occupied premises, make a reasonable effort to present the person’s credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant; and give the occupant or person in possession of the property a copy of the warrant.
(2) Unoccupied property. In executing a nuisance abatement warrant on unoccupied property, the person authorized to execute the warrant need not inform anyone of the person’s authority and purpose, as prescribed in division (D)(1) above, but may promptly enter the designated property if, at the time, it is reasonably believed to be in that condition. In this case, a copy of the nuisance abatement warrant shall be conspicuously posted on the property, e.g., without limitation the main entrance, and subsequently mailed by first-class United States Mail, postage prepaid to the owner of record of the property.
(3) Return. A nuisance abatement warrant must be executed within five working days of its issue and returned to the judge by whom it was issued within ten working days from its date of execution. After the expiration of the time prescribed by this division (D), the warrant unless executed is void.
(Prior Code, § 130.58) (Ord. 1253, passed 12-6-2010)
(A) Where the city seizes property, the city shall take reasonable steps to safeguard and protect the things seized against loss, damage and deterioration.
(B) Notwithstanding division (A) above, the city is not liable for loss, damage or deterioration resulting from any reasonable actions taken to secure or develop evidence of an ordinance violation, crime or offense.
(C) The city may cause the nuisance items removed pursuant to the nuisance abatement warrant to be disposed of in an approved manner whenever the city finds that the fair and reasonable value of the items at resale would be less than the cost of storing and selling the items. In making the above determination, the City Manager may include in the costs of sale the reasonable cost of removing the items to a place of storage, of storing the items for resale, of holding the resale including reasonable staff allowances and all other reasonable and necessary expenses of holding the sale.
(Prior Code, § 130.59) (Ord. 1253, passed 12-6-2010)
Statutory reference:
Similar provisions, see O.R.S. 133.537
(A) Except as provided in division (B) below, if the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the general judgment in the case.
(B) The court, if satisfied of an owner’s good faith, shall enter no order of abatement as to that owner if the court finds that the owner:
(1) Had no knowledge of the existence of the nuisance or has been making reasonable efforts to abate the nuisance;
(2) Has not been guilty of any contempt of court in the proceedings; and
(3) Will make best efforts to immediately abate any nuisance that may exist and prevent it from being a nuisance for a period of one year thereafter.
(C) If an order of abatement has been entered and an owner subsequently meets the requirements of this section, the order of abatement shall be canceled as to that owner.
(D) The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of 9% per annum. The interest shall commence to run from the date of the entry of the lien in the lien docket. In addition, the lien may be foreclosed by a suit in circuit court in the same manner as for the foreclosure of liens under O.R.S. 88.010 et seq. Where necessary, a “lien” herein shall be substituted for “mortgage” or “purchase money mortgage” under those statutes to allow the foreclosure.
(E) An error in the name of the person responsible shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property.
(F) Further, the “municipal general judgment with money award” lien may be recorded in the records of the County Clerk and/or the County Circuit Court to attach to real property of any responsible person or persons.
(Prior Code, § 130.60) (Ord. 1253, passed 12-6-2010)
Statutory reference:
Similar provisions, see O.R.S. 105.580
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