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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 Page 2 ORDINANCE NO-70---34- ji l 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. Page 2 ORDINANCE Nc.70- 34 i < 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. - ORDINANCE No. 70- 3 r. Page _R ___3.— - 14 (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. r VIA Page k:- ORDINANCE No.70-34_ 2 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. Page 6 - ORDINANCE No.70-__.3A 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 Page 7 ORDINANCE No. 703