(A) Public hearing. The City Council may compile a list of properties in violation of this chapter as often as needed and may convene a public hearing to consider abatement of noxious vegetation as a nuisance.
(B) Notice.
(1) At least ten days prior to the public hearing, the City Council shall cause a notice to be forwarded by registered or certified mail, postage prepaid, to the persons in charge of the subject property, or properties as the case may be, including any person with a recorded interest in such property, at such person’s last known address.
(2) The notice to abate shall contain:
(a) A description of the real property, by street address or otherwise, on which the nuisance exists;
(b) A direction that the nuisance be abated, and if the nuisance consists of any of the weeds that are identified in § 98.01(A) that they must be destroyed and/or prevented from producing seed or spreading within ten days from the date of the notice, or that the owner appear before the council at the public hearing to show just cause why the nuisance should not be abated;
(c) A description of the nuisance;
(d) A statement that failure to abate the violation within the time provided may warrant imposition of a fine for each day of non-compliance;
(e) A statement that unless the nuisance is abated, as directed in the notice, the city may abate the nuisance, and the cost of abatement will be charged to the persons in charge of the property and become a lien against the property;
(f) A statement that it will be the responsibility of the person in charge of the property to notify the City Council of any chemical abatement efforts once they are completed, and that if the notification is not given and the city thereafter abates the nuisance, the person in charge of property will nonetheless be responsible for the city’s costs.
(3) Upon compliance with the above notice requirements, the person undertaking the mailing shall execute and file certificates with the City Council or its designee stating the date and place of mailing and attaching a copy of the mailing.
(4) An error in the name and/or address of the person in charge of property, or of the persons with recorded interests, shall not make the notice void.
(C) Resolution. At the conclusion of the public hearing, the council may pass a resolution authorizing the abatement of any identified nuisance at the cost of the person in charge of the subject property. The resolution will include the authorization for the City Council or its agent at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance.
(D) Judicial assistance.
(1) At the election of the City Council, this chapter may be enforced by suit in a court of competent jurisdiction, including the Circuit Court of the State of Oregon for Union County. In any such legal action, the Court shall have the authority to award to the city all remedies that are provided for in this chapter including, but not limited to, directing the defendants to abate the nuisance, imposing fines against the defendants payable to the city, and granting the city the right to proceed with abatement and to charge the defendants with the cost thereof and to have such costs be a lien against the subject property. The Court shall also have the authority to allow for any other remedy available at law or in equity, including, but not limited to, injunctive relief.
(2) In any legal action, all rules governing the form of pleadings, procedures, the taking of evidence, and such other matters as may affect the proceeding shall be governed by the Oregon Rules of Civil Procedure, the Oregon Evidence Code, and such other rules and laws applicable to proceedings in Circuit Court and/or as directed by the judge presiding over the proceedings.
(Ord. 544, passed 12-8-2014; Ord. 547, passed 4-13-2015)