HomeMy WebLinkAboutOrdinances 2051 ORDINANCE NO.rR
AN ORDINANCE AMENDING IN PART AND REPEALING IN PART THE CENTRAL POINT
MUNICIPAL CODE SECTIONS 8.08.005 THROUGH 8.08.040 REGARDING WEED
ABATEMENT
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall
document and citation.
B. Upon review, the staff and city attorney for the City of Central Point
determined that amendment to Chapter 8.08 Weed Abatement is advisable to
provide additional notice options, clarify terms, and more clearly define the
process for weed abatement.
C. In particular, the amended provisions set forth the weed abatement season;
allow for general notice of weed abatement to be published in the local
newspaper; allow the fire marshal to declare fire hazards outside the weed
abatement season, and removes the need for a second notice of assessment
making the lien process more streamlined in the event the City is required to
abate the weeds.
D. Words are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.08.005 through 8.08.020 are amended in part and repealed in as set
forth below hereto and incorporated herein by reference.
Chapter 8.08
WEED ABATEMENT
Sections:
8.08.005 Purpose and Scope
8.08.007 Definitions
8.08.010 Nuisance described--Offense punishable.
8.08.020 Notice and Abatement Proceedings.
1 I Ordinance No., ; February 14, 2019
8.08.005 Purpose and Scope.
The uncontrolled growth of high grass, weeds, brush, and other like vegetation on property in city
areas causes:
1. A fire hazard endangering people and property;
2. An interference with the use and enjoyment of other properties by propagating
noxious weeds and causing them to spread; and
3. A health hazard by furnishing an area for the breeding of vermin and by generating
irritants. Therefore, permitting such uncontrolled growth is unreasonable and
unnecessary in an urban area and constitutes a public nuisance. Any person who
owns and has the right to control real property assumes an obligation to the rest of the
community and is therefore chargeable with knowledge of the growth of vegetation on
that property and has a duty to remove any nuisance which reasonable inspection
would reveal.
8.08.007 Definitions.
For purposes of Sections 8.08.010 to 8.08.020, the following definitions shall apply:
"Owner" Any person with an ownership interest or with any leasehold or other possessory
interest, of record or otherwise, which gives said person, either alone or jointly with others, a right
to occupy, possess, or control real property. In any event, any person who appears as owner on
the records of the county assessor shall be presumed to be one of the owners of the property, but
such presumption may be rebutted.
"Person" Any natural person, partnership, corporation or other legal entity.
"Occupant" Any person in lawful possession, or with a lawful right to store or keep personal
property on, any real property or, in case of corporate ownership, that officer, employee, or agent
of a corporate owner having the authority or duty to control or operate the property on behalf of
the corporation.
8.08.010 Nuisance described--Offense punishable.
A. Except as provided in subsection (C) hereof, it It shall be unlawful and a public nuisance for any
owner or occupant of real property in Central Point to allow grass, weeds, brush or bushes or any like
vegetation over a height of ten inches to remain upon such real property during the period from June 1
to October 31 in each calendar year, or at any other time prior to June 1 or after October 31, if the
City Manager or his designee determines that such growth constitutes a fire hazard. In the event
2 f Ordinance Noal$"' ; February 14, 2019
the City Manager or his designee determines there exists a fire hazard prior to June 1 or after
October 31, the owner or occupant shall be notified in writing as provided in the notice provisions
of section 8.08.0010(B).: e _ _ _ •_ -ee-_e _ _ •_••-• _ • .e , e. . _ _ •- -
vegetation--mainta}ned-an4-kept in a Ibn soa: - - . - e __-, _ -• - __ - e • -•* • _ • _ • - _
erwise la - -- - - - - _- __
1. Properties Less than One Acre in Size: Weeds and grass on the entire property shall
be disked, cut or removed.
2. Properties More than One Acre in Size: Firebreaks may be required by the City in
addition to clearing the entire parcel. In such event, minimum 30' wide firebreaks shall be
provided around the perimeter of the property and the area shall be divided into maximum
2.5 acre parcels with minimum 30' wide cross-breaks. In addition, the City may require a
minimum 100' firebreak adjacent to improved subdivisions/properties (Road width may be
considered part of the 100' firebreak).
3. Unmaintained Agricultural Properties: Minimum 30'wide firebreaks shall be
maintained along the perimeter from the edge of road. In addition, minimum 100' wide
firebreaks adjacent to improved subdivisions/properties (Road width may be considered
part of the 100'firebreak).
4. Improved Subdivisions (streets in but structures not yet built): Each lot is required
by ordinance to be cut.
5. Structures in Hillside Areas: Minimum 100' firebreaks (defensible space) shall be
provided around the perimeter of the structure.
B. Violation of subsection (A) of this section constitutes a violation.
C. The provisions of subsection (A) of this chapter shall not apply to the following:
1. Ornamental shrubs, bushes or other like vegetation maintained and kept in a
landscaped yard or place;
2. Any crop grown and maintained for agricultural purposes;
3. Grass or other like vegetation grown and maintained for pasturage upon property
fenced, zoned and otherwise lawfully used for said purpose; or
3 I Ordinance No.j.US't; February 14, 2019
4. To any "natural area" within a Central Point public park. As used herein, "natural area"
shall mean any park or portion thereof preserved in its native state and approved in
writing by the Central Point Parks Department. Prior to approving any natural area, the
Central Point Parks Department shall solicit and comply with any order of the Fire Marshal
concerning the elimination or reduction of a fire hazard.
D.B. Each day during which such condition is unlawfully permitted to exist after notice has been given in
the manner prescribed by this chapter is a separate offense punishable in the manner prescribed by
Section 1.16.010 of this Code this chapter; provided, that the condition shall be deemed a nuisance
and, in addition to the foregoing remedy, may be abated by the city in the manner hereinafter prescribed,
and the cost of abatement assessed as a lien against the property, and subject to foreclosure in the same
manner and to the same effect as in the case of special benefit-assessment liens.
8.08.020 Notice and Abatement--Proceedings.
A. Each year, the city manager may cause to be published in a newspaper of general circulation
within the City of Central Point, Oregon, a public notice that conditions prescribed in section
8.08.010(A) constitute a public nuisance and directing that all growth which would constitute such
a nuisance be cut or removed within 15 days from the date of publication of the notice.
B.R. Whenever a condition prohibited by Section 8.08.010 (A) is found to exist, the code enforcement
officer may give notice to the owners and occupants of the property by causing the same to be sent by
mail to such persons as are sought to be charged, at their last known address, or if the mailing address of
any owner or occupant is not known to the city, it shall be sufficient for the purpose of charging such
person that the notice be addressed and sent in care of the person appearing as owner on the records of
the county assessor of Jackson County. The notice:
1. Shall be directed to all persons shown on the assessor's records or otherwise known to the city
to be owners and occupants, whether corporate or otherwise;
2. Shall refer to the premises involved with convenient certainty, the street address, if any, being
sufficient;
3. Shall notify the addressees to remove the unlawful growth within fifteen (15) days from the date
of mailing, and
4 I Ordinance No.g3t 1 ; February 14, 2019
4. Shall instruct them to comply therewith within fifteen days from the date of mailing.
5. The notice shall further inform the owners and occupants that, if the condition is not corrected
within the said period of time, the owners and occupants may be prosecuted for violation. The mailed
notice shall further state that unless the unlawful growth is removed within fifteen (15) days after the date
of the mailed notice, the city may cause the unlawful growth to be cut or removed from the premises and
will charge the costs thereof, including the costs of administration set forth in therein, to the owners and
occupants and make the same a lien against the property.
C.&Any owner or occupant may, at any time before such owner becomes in violation, or, if notice
has been mailed to said owner or occupant under subsection (B) hereof, within 10 dayswithin ten
days after service-of the notice is mailed, . _. . • .. . •_ _ _ , appeal-to-The--eity
manager-for-relief-by • . . _ _• . • •• ••.•.0- . file with the city recorder a written statement
which shall specify the basis for contending that no nuisance exists. The statement shall be
referred to the city manager, who shall thereupon determine whether a nuisance in fact exists.
The petition written statement shall include the facts upon which the owner or occupant petitioner
relies for relief from the obligations of this chapter in relation to the property. If the city manager finds that
it would work a real and unnecessary hardship upon the owner or occupant petitioner to comply with the
terms of this chapter, then the city manager may relieve said person the-petitioner of the obligations of
the chapter in relation to the particular property, but nothing therein shall be construed as obligating the
city to remove or abate the nuisance without charging the cost as a lien against the said property. The
city manager will mail a decision to the owner or occupant within 15-days of the City's receipt of
such written statement. The owner or owners agent may appeal the city manager's findings to
the City Council. A written notice of appeal shall be filed with the city recorder within ten (10)
days after the city manager's decision is mailed. The city recorder shall set the matter for public
hearing at the next regular meeting of the City Council. If the City Council determines that a
nuisance exists, the owner or owner's agent shall abate the nuisance within ten (10) days of the
Council's decision; or the nuisance shall be abated by the City in the manner provided in
subsection (0).
D.G If the condition is not corrected within the time limit and no relief has been granted, the city may
cause the nuisance to be abated by removing the grass, weeds, brush, bushes or like vegetation from the
property, or so much thereof as the city manager may determine to be necessary to remove the hazard to
abutting property. The city manager shall maintain an accurate record of the expenses incurred by
5 I Ordinance No.at$L ; February 14, 2019
the City in removing the unlawful growth and shall include an abatement fee, which is established
by resolution, for costs of administration. The total cost, including said costs of administration,
shall thereafter be assessed against the property owner(s) and may be entered in the docket of
City liens not less than 30 days after the mailing of the notice provided in subsection (B).
-••-• -- •- e— -. - _ . •_• -Rd-reviewed-annually,. • _ • -_ - -- - _ _
E. If a lien is filed, the lien shall be enforced in the same manner as liens for special assessments
in Chapter 11.04.070, and shall bear interest at the rate established for special assessments per
Chapter 11.04.080, beginning 10 days after the entry of the lien in the lien docket. An error in the
name of the owner or occupant shall not void the lien and it shall remain a valid lien against the
property.
ID,The above remedy shall not be exclusive and, in addition to proceeding by abatement, the city may
proceed against the responsible owner or occupant in city court in the manner prescribed by law, or, if the
condition is permanent, substantial or continuing, may proceed by suit in equity for mandatory injunction
or such other relief as may be afforded by a court of equity. (Ord 1952 §1, 2011; Ord. 1420 §2, 1981;
Ord. 1071 §2, 1972).
848,030 -ef--sesta:(Repealed by Ord. No. )
.- . .
ten days after the-date of maili•: •- •_ •_ , .. - •_• _ •- _:e _ - - sment-shall be heard and
6 I Ordinance No., ► ; February 14, 2019
againet the property. (Ord. 1952 §2, 2011; Ord. 1071 §3, 1972).
8.08.040-Penalty, (Repealed by Ord. No. )
.. • .
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C)
need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
SECTION 3. Effective Date. The Central Point City Charter states that an ordinance enacted
by the Council shall take effect on the thirtieth day after its enactment. The effective date of
this ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passagb.this f day of
_tpilactucki5 2019.
Mayor Hank Williams
ATTE'
City Recorder 0
7 I Ordinance No.ct6/ ; February 14,2019