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(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NOXIOUS WEED. A terrestrial, aquatic, or marine plant designated by the Oregon State Weed Board under O.R.S. 569.615 as among those representing the greatest public menace and as a top priority for action by weed control programs.
NUISANCE WEED. Any trees, plants, shrubs, grass, brush, weed, or other vegetation growing upon any property, which:
(a) Has grown and died or has dried or is in a desiccated state and has become a fire hazard and/or a menace to public health, safety, and welfare; or
(b) Are weeds or grass, except ornamental grasses, averaging more than ten inches in height.
PERSON. Any natural person, firm, partnership, association, legal entity, or corporation.
PERSON IN CHARGE OF PROPERTY, PERSON IN CHARGE OF THE SUBJECT PROPERTY, or other similar phrase. Any one or more than one occupant, lessee, contract purchaser, owner, or person having possession of, control of, occupancy at, or title to, the subject property.
(B) Responsibility. A person in charge of property shall have responsibility for all vegetation on the subject property.
(C) Nuisances. Noxious or nuisance weeds existing anywhere within the city limits are declared to be a public nuisance.
(D) Enforcing authority. The City Council shall have full authority of law to enforce the provisions of this chapter. The City Council may delegate any portion or all of this authority to its agents. Nothing herein shall limit the responsibility, authority, or powers of enforcement given under other city ordinances or other state law. The term COUNCIL as used in this chapter, shall mean the City Council or its agent.
(E) Prohibition. No person in charge of property may allow nuisances to exist on the property. It shall be the duty of a person in charge of property to remove nuisance and noxious weeds in violation of this chapter as often as needed to prevent them from becoming a fire or health hazard, or to prevent them from going to seed. A breach of any of these stated duties shall be a violation of this chapter. Failure to abate a nuisance within the time required by this chapter shall also be a violation of this chapter.
(Ord. 544, passed 12-8-2014; Ord. 547, passed 4-13-2015; Ord. 564, passed 11-8-2021) Penalty, see § 98.99
(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)
(A) The City Council shall keep an accurate record of the expenses incurred by the city in physically abating the nuisance and shall include therein a charge of $15 or 15% of those expenses, whichever is greater, for administrative overhead.
(B) The City Council by registered or certified mail, postage prepaid, shall forward to the persons in charge of the property and any person with a recorded interest in the property a notice stating:
(1) The total cost of abatement, including the administrative overhead;
(2) That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice, and shall be the personal obligation of the person or persons in charge of property; and
(3) That if the person in charge of property objects to the costs of the abatement as indicated, the person may file a notice of objection with the City Council not more than ten days from the date of the notice.
(C) After the expiration of ten days following the date of the notice, but in the regular course of business, the council shall hear and determine the objections to the costs assessed. Upon such determination, the amount of the costs assessed shall be the personal obligation of the person or persons in charge of the subject property.
(D) If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs, as stated or as determined by the council, shall be made by resolution and shall thereupon be entered in the docket of city liens. Upon the entry being made, it shall constitute a lien upon the property from which the nuisance was removed or abated.
(E) The lien and personal obligation to pay shall bear interest at the rate of 9% per annum. The interest shall begin to run from the date the City Council determines by resolution the amount of the assessment. The City Council may foreclose the lien in accordance with O.R.S. 223.505 through 223.650, and in accordance with any other legal procedures available at law or in equity.
(F) Neither an error in the name of the person in charge of property nor a failure of such person to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid personal obligation and lien against the property.
(Ord. 544, passed 12-8-2014; Ord. 547, passed 4-13-2015)
(A) Any person in charge of property containing vegetation in violation of this chapter shall be liable to any person who is injured or otherwise suffers damage by reason of such vegetation or the by reason of a failure to abate or removed the same.
(B) Neither the city, or any of its officers, agents, employees, or city council members, shall be liable to any person who is injured or otherwise suffers damage by reason of vegetation existing in violation of this chapter. However, if this exemption from liability is unenforceable, and in any event, the person in charge of the subject property shall be primarily liable to the injured party and shall indemnify the city, its officers, agents, city council members, and employees, for any judgment against any of them, and shall be liable to them for any expense paid or incurred, including attorney’s fees, to defend themselves or to settle the claim of any injured person.
(Ord. 544, passed 12-8-2014; Ord. 547, passed 4-13-2015)
(A) A person violating a provision of this chapter or an order issued under authority of this chapter shall, upon conviction, be guilty of a violation punishable by a fine set by the Union City Council by resolution. Such a person shall also be subject to any civil remedies available to the city as set forth in this chapter or as otherwise provided for by law.
(B) Each day’s violation of a provision of this chapter or of an order issued under authority of this chapter constitutes a separate violation. The abatement of a nuisance is not a penalty for violating this chapter, but instead is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance; however, abatement of a nuisance within ten days of the date of notice to abate, or if a protest or appeal has been filed pursuant to the terms of this chapter, the abatement within ten days of the disposition of the protest or appeal if a nuisance is found to exist, will excuse the person responsible from the imposition of any fine.
(C) The City Council may, in its discretion, suspend, cancel, or delay the imposition of fines provided for by this chapter. Also, at the City Council’s discretion, fines may be suspended or otherwise abated during the period during which the rights of review provided for herein are properly exercised; in exercising the discretion provided for in this sentence, the City Council shall consider the degree to which the review sought has been frivolous as well as other factors considered relevant in the Council’s judgment.
(D) The statement of a penalty within this chapter is not preclusive, and shall not prevent the imposition of other penalties or remedies that may be available to the city under any other ordinance, statute, regulation, law, or resolution.
(Ord. 544, passed 12-8-2014; Ord. 547, passed 4-13-2015)