Ordinance No. 70-34 -TTY OF TIGARD, OREGON
ORDINANCE No.70-
AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE No. 66-311 -
"POLICE CODE" - AS HERETOFORE, AMENDED$ DEFIriING ADDITIONAL OFFENSES
INCLUDING NUISANCES, PRESCRI; ING ABATEMENT PROCEDURES, PRESCRIBIFIC,
PENALTIES, REPEALING ORDINANCE No. 6_1'I (Nuisance Ordinance), A11D
DECLARING AN EMERGENCY.
THE CITY UP `i'IGARD ORDAINS AS I+OLLOWS:
Section 1: That Section. 25 of ARTICLE VI - CFL+'EaIS iS AGAII,iST PUBLIC
PEACE AND SAP':TY - of Ordinance No. 66-34, be, and the
same is hereby amended and supplemented to add thereto the following
subsections:
Section. 25: OBSTRUCTIONt, (Generally):
(5) Snow on Sidewall.s: Ti shall. be unlawful for the
tenant, occupant or any person having the care of a building
or of land bordering on a street where there is a sidewalk,
or if there be no tenant, occupant; or caretaker, then the
ovmer thereof, to fail or neglect, within the first six hours
of daylight after snow ceases to fall, to remove the snow
from the entire length of said premises for a space not .less
than three feet in width. :;.h_.s section si:all apply also to
snow which has fallen from any roof or building.
(6) Ice on Sidewalks: In case any portion of a side-
walk is covered with ice,said tenant, occupant, caretaker
or owner, as above provided, shall cause such side+calk to
be made safe for travel by covering same with sand, ashes,
or some other suitable substance within the first six hours
of daylight after the formation. of ,.aid ice.
Section 2: That ARTICLE VIII - OFFEI;SES AGAINST THE PUBLIC HEALTH of Ordinance No. 66-34, be, and the same is hereby amended
and supplemented by adding thereto the followin-, sections:
Section 6: CokRIIUN!CABLE, DISEASE:
(a) It shall be unlawful for any person who owns, keeps,
controls or harbors an animal or bird and who either knolls
or has reason to believa that the animal or bird is infected
with a communicable or contagious disease, such as mange,
eczema, ringworm, hepatitis, rab9es, or who has been notified
as provided by sub--section (b) of this section, to allow such
animal or bird to be upon any public way or public place.
(b) If the Police Department, or any other department
of the City with enforcement authority, finds after investi-
gation that there exists reasonable cause to believe that
any animal., whether licensed or riot, or any bird, is in-
fected with any communicable disease, such department shall
issue a written notice to the person owning, keeping, coil
trolling or harboring such animal or bird, requiring such
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person to confine such animal c bird to his premises until i
it is examined and declared free of infection or disease
by a duly licensed veterinarian, or determined to be free
t of infection or disease by a public health officer of the
health Department of Washinrrtun County, Ovegon.
(c) The Police Pepartment, or other department of the
City with enforcement authority, shall conduct the investi-
gation required hereunder in sub-section (b), upon receipt
of a signed complaint of any person that such person has
good cause to believe that .,aid animal or bird is infected
with any communicable or contagious disease.
(d) Any animal or bird (determined by a duly licensed
veterinarian, or by a qualified county public health officer
to be afflicted with a camunieable e- contagious disease,
and which animal or bird is thereafter permitted intention--
ally or unintentionally to be upon any public way or public
place, may be summarily seized by or under the direction of
the Chief of Police and after verification by a county health
officer that such animal or bird is so afflicted and dangerous
to the public heelth, such animal or bird may be turned over
to the Animal Control Division of Washington County or other-
wise disposed of in a humane manner, or may be placed under
the care and control of an animal clinic or hospital.
In the event Uueh animal or b .rd is placed in the
care or control of an animal hospital, any expense incurred
by the City for the care and attention of said animal or
bird shall be charged to and paid by the owner or person
claiming said animal or bird, and shall be collected in ad-
vance by the City Recorder prior to release o,: such animal
or bird, or such charges may be paid by the owner or person
claiming such animal or bird, directly to the animal hospital
or other person rendering care and attention.
All such moneys, if collected by the City, shall be
placed in a special account and applied in payment of such
charges.
Section 7: DEAD ANINALS:
(a) Ido person shall permit the dead carcass of any
animal or bird owned or under the control of such person at
the time of the death of such animal or bird, to be placed
or remain upon any public street or public place, or exposed
on any private property, for any period of tive longer than
that reasonably necessary to accomplish the removal or dis-
posal of said carcass.
(b) All applicable provisions of Chapter 601 Oregon Re-
vised Statutes relating to dead animals, including Sections
601.010 to 601.990, inclusive, and the penalties therein pre-
scribed, by virtue of the authority contained in §221.220
O.R.S. are hereby adopted by this reference section by sec-
tion in all .respects to the same to al force and effect as
if not forth herein in full, and the Municipal Court of the
City of Tigard be, and it is hereby: vested with jurisdiction
of all offenses thereunder and is hereby empowered to enforce
the provisions thereof.
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Section 8: PUBLIC HEALTI' NUISANCES:
The following are hereby declared to be nuisances
1 affecting the public health and may be abated in the manner
prescribed by ARTICLE XI of this .node:
(a) Privies. Any open vault or privy constructed
or maintained contrary to present Oregon State Loard of
Health regulations.
(b) Debris on Private Property. All acc,.timulations
of debris, rubbish, ma.lure and other refuse located on
private property and which has not been removed within
ten (10) days after notice to abate the same as set forth
in ARTICLE XI of this Code, and which affects the health,
f safety or welfare of the city.
(c) Water Pollution. The pollution of any body of
-eater, stream, or drainage ditch by sewage, industrial
wastes or other yi+,bsta, r,.s placed in or near such water in
a manner that will cause harmful material to pollute the
water.
(d) Food. All Cecayed or unwholesome food which
is offered for hiunan consumption.
(e) 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.
(f) Surface Drainage. Any drainage of liquid wastes
from private premises.
(g) Livestock. `Ph: keepinv, of any livesto-,,k or
buildings for the purpose of housing such livestock, in
such places or in such a manner that they will be offensive
or annoying to residents within the immediate vicinity
thereof, or maintaining the premises in such a manner as
to be a breeding place or likely breeding place for
rodents, flies or other pests.
Section 3: That Ordinance No. 66-34 be, and the same is hereby,
amended and supplemented by adding thereto new articles
denoted: "ARTICLE X - NUISANCES (Generally)"
"ARTICLE XI - ABAT.E14ENT OF NUISA ICES"
"ARTICLE XII SEPARATE VIOLATIONS"
"ARTICLE XIII - SEVERABILITY"
reading as follows
ARTICLE X NUISANCES (Generally)
Section 1: WEEDS AND DEBRIS:
(a) The owner, person in possession or agent of the
owner of any lot, tract, or parcel o.f.land. improved or un-
improved, shall, during the months of May , June, July,
August and September of each year, cut and remove, and keep
cut and removed therefrom and from the half of the street
or streets abutting the property, all weeds, thistles,
n
burdock, ferns and other oxious vegetation, and all grass
more than ten (1G) inches in height, and all demi bushes,
dead trees, atumos and any other thing likely to cause fire.
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(b) During all months of the year, such person shall
remove and keep removed therefrom all stagnant water, filth,
�^ rubbish, waste material, old cans and any other substance
which may endanger or injure nei;�•hborin- property, passers-
by, or the health, safety or welfare of the public. During;
all months of the year, he shall keep the sidev+alk and
streets abutting such property free from earth, rock and
_ other debris and from projectlnL and/or overhanging bushes,
brush and limbs that may obstruct or renaer unsafe the
passage of persons or vehicles.
Nothing herein contained shall be considered to
apply to bushes, trees, shrubbery and/or other vegetation
grown for food, fuel or ornament or for the production of
food, fuel or ornament, providing that the health and safety
of the public be not thereby endangered by the maintenance
of such growth or vegetation.
(c) Any person whose duty it is tc remove such thing
and fails to do so, shall be subject to the penalties pro-
vided by this Cade.
(d) Any of the above mentioned things, existing while
there is a duty to remove the same, shall constitute a
nuisance, and may be abated as provided in ARTICLE XI of
this Code.
ARTICLE XI - ABATEMENT OF NUISANCES
Section 1: fdOTICE:
(a) ' Whenever it is declared by ordinance that anything
is a nuisance and the Police Chief has knowledge that such
a-nuisance exists, unless the ordinance authorizes summary
: { abatement, he shall cause to be posted upon the property
liable far the abatement of shah nuisance, a notice in
legible characters directing the removal of such nuisance,
which notice shall be substantially in the following form:
,s
NOTICE TO RuigoVE NUISAN'Cn
To the owner, agent of owner and occupant of the fol.-
lowing described real property
in the City of Tigard, Oregon:
You are hereby raotif.'ied to remove and abate the
nuisance existing on above described property within
ter. (10) clays from date of this notice, which nuisance
a°. consists of -
ar show to the Tigard City Council that no nuisance
exists, as provided by Section ?, ARTICLE XZ of Ordi-
nance No. 6b-31E. In case of failure to remove said
nuisance within said time, you will be subject to fine
or imprisonment and the City of Tigard will cause tlse
same to be abated and charge the cost thereof against
the property herein described.
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VIA
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Dated
__ Chief of Police
(b) the Police Chief shall also at approximately the
time of postin such notice notify the City Recorder thereof
and the Recorder shall thereupon cause to be maild a copy
of the notice so posted, posta;, pre—.id, to the owner or
went of the owner of said real prop ty directed No the
last known ;?ost-office address of su:h owner or agent, or,
if the post-office address of both is unknown, to such oimer
or agent at Tigard, Oregon.
Tile Police Chief may delegate any city employee to
post or mail such notice. The person posting such notice and
the person mailing the sane small forthwith file in the City
Recorder's office a certificate stating; the date and place
of such :nailing and posting.
i
An error in the name ei' the owner or agent or the
use of a name other than that of the true owner or agent of
such property shall not render void such notice, but in such
case the posted notice shall be deemed sufficient.
Section 2: NUISANC- 1O P!i ABATED WI`1Hl.4 10 DAYS, hEARI14G:
i
(a) il.ithin 10 days after postin_- and. :naili
Section 4. NOTICE OF ASSESSFIENT:
(a) Upon receipt of such statement, the City Recorder
shall forthwith mail to the o�,nier of such property Therein
mentioned, a notice setting fox•th the expanse incurred and
statin; that the Coiaicil proposes to assess against his
property the amounts mentioned in Section 3 of this Article
and that objections to the proposed assessment may be made
in writing and filed with the City Recorder on or before
twenty (20) days fronicb-te of mailing such notice.
(b) Upon expiration of said period of 20 days, objec-
tions to the proposed assessment shall be heard and deter-
mined by the Council in regular course of business.
(a) Any assessment for such cost and overhead expenses
ahall be made by ordinance and shall ba entered in tl'le Lien
Docket of the City, and upon such entry the same shall con-
stitute a lien upon the property from which said nuisance
was removed and abated, which lien shall be collected in all
respects as provided for street improvement liens, and shall
bear interest at the rate of b. per annum from 10 days after
date of entry in the Lien Docket.
An error in the name of the owner or in the use of
a narrre other than that of the true owner of such property
or the failure of the olvier to receive notice of such assess-
ment shall not render said assessment void but the sane shall
be. a valid and existing lien against said property.
Section 5. SUMMARY A&ATEMENIT:
The procedure provided by this ordinance is not exclusive
but in addition to procedure provided by other ordinance; and
furthermore, the health officer, the chief of the fire depart-
ment and the police officers of this City may proceed summarily
to abate a health or other .iuisance which unmistakably exists
and from which there is .imminent danger to human lire or
pro-perry.
ARTICLE n'II - SEPARATE VIOLATIO14S
(a) Each day's violation of a provision of this ordinance,
shall constitute a separate offense.
(b) The abatement of a nuisance as herein provided
shall not constitute a penalty for a violation of this ordi-
nance, but shall be in addition to any penalty imposed for a
violation of this ordinance.
ARTICTE XIII - SEVERABILITY
The sections and subsections of this ordinance are hereby
declared severable. The invalidity of any one section, or sub-
section shall not affect .the validity of the remaining sections
or subsections.
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Section 4: All penalties provided in ARTICLE III - PENALTIES - of
Ordinance Ido. 66-34 shall be applicable to the offenses
defined hereunder,
t
Section 5: That ARTICLE X - REPEALER, and AREICLE XI - EMERGENCY
CLAUSE - of, Ordinance No. 66-311 "POLICE CODS", be, and
the same are hereby renumbered as follows:
ARTICLE XXX - REPEALER
ARTICLE XXXI - &,IERGENCY CLAUSE
rection 6: That Ordinance No. 62-17 enacted by the City Council on
Septj, ber 211, 1962, and all sections and the whole
a thereof, be, and the same is, hereby repealed..
Section 7: Inasmuch as it is necessary for the peace, health and
safety of the people of the City of Tiga d that the provisions of
this Ordinance becoma effective with the least possible delay, an
emergency is hereby declared to exist, and this Ordinance shall be
in full force and effect from and after its passage by the Council
and approval by theMayor.
PASSED: Ey the Council, by unanimous vote of all Council. members
} present, after being read three times by number and title
only, this 24th day of &AqugL , 1970•
Recorder- City of TiUrar
APPROVED: 3y the Mayor, this 25 day of.August 1970,
Mayor - City ofTigard
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