HomeMy WebLinkAboutOrdinance 1896ORDINANCE NO. % CQ
AN ORDINANCE AMENDING PORTIONS OF CPMC CHAPTER 8.04
PERTAINING TO ABATEMENT OF NUISANCES
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN
AS FOLLOWS:
Section 1. Central Point Municipal Code Section 8.04.100 is
hereby amended to read as follows:
8.04.100 Abatement --Notice. A. Upon determination by the
City's Code Enforcement Officer (con -T) that a nuisance as
defined in this chapter exists, the Code Enforcement Officer
(council) shall forthwith cause a notice to be posted on the
premises liable for the abatement directing the removal of the
nuisance.
B. At the time of posting, the recorder shall cause a copy
of the notice to be forwarded by registered or certified mail,
postage prepaid, to the owner or agent in charge of the property
at the last known address of the owner or agent.
C. The notice to abate shall contain:
1. A description of the real property, by street
address or otherwise, on which the nuisance exists;
2. A direction to remove the nuisance within seven
(thSrty) days from the date of the notice;
3. A description of the nuisance;
4. A statement that unless the nuisance is removed
within the specified period the city will remove the nuisance and
the cost of removal shall be a lien against the property;
5. A statement that the owner or agent in charge of the
property may protest the action by giving notice to the recorder
within two business (t -en) days from the date of the notice.
D. The person posting and mailing the notice as provided
herein shall, upon completion of the posting and mailing, execute
and file a certificate stating the date and place of the mailing
and posting.
E. An error in the name or address of the owner or agent in
charge of the property or the use of a name other than that of
the owner or agent shall not make the notice void and in such a
case the posted notice shall be deemed sufficient.
1 - Ordinance No. (102706)
Section 2. Central Point Municipal Code Section 8.04.110 is
hereby amended to read as follows:
8.04.110 Abatement --By Owner. A. Within seven (gip)
days after the posting and mailing of the notice as provided in
this chapter, the owner or agent in charge of the property shall
remove and abate the nuisance or show that no nuisance exists.
B. The owner or agent in charge protesting that no nuisance
in fact exists shall file with the recorder a written statement
which shall specify the basis for contending that no nuisance
exists.
C. The statement shall be referred to the City
Adminisrator, who
agenda at its succeeding meeting. At the -time set for tinn--
consideration of the abatement, the Owner or agent mety appear and
be hearel by the ccunc±! and the ) shall thereupon
determine whether a nuisance in fact exists. (fir
J - i - __� _' � _ 1 _ L - � l 1. �.L _' � l
d e t e r m±- ---- -1 s h a rte--rte—mac rT-rT�k the o f f e a alt'± a n t e s c f- the
counc±±. eouncH determination sha±! be re -quire -d! only in those
herein.)
D. The City Administrator's decision may be appealed to the
City Council by filing a written request for review no later than
three business days after receipt of the City Administrator's
written decision. City Council review shall be conducted at the
next available City Council meeting, at which time all parties
with relevant information shall be allowed to be heard.
E. (-B-.) Upon final ( i -T) determination that a nuisance
does in fact exist, the owner or agent shall within three
(thirty) days after such final () determination remove or
abate such nuisance.
Section 3. Central Point Municipal Code Section 8.04.120 is
hereby amended to read as follows:
8.04.120 Abatement—By City. A. If within the time fixed,
as provided in this chapter, the nuisance has not been abated by
the owner or agent in charge of the property, the City's Code
Enforcement Officer (counc±-T) shall cause the nuisance to be
abated.
B. The officer charged with abatement of the nuisance shall
have the right at reasonable times to enter into or upon any
property in accordance with the provisions of Chapter 1.12 to
investigate or cause the removal of the nuisance.
2 - Ordinance No. (102706)
C. The recorder Finance Director shall maintain an accurate
record of the expense incurred by the city in abating the
nuisance and shall include therein an overhead charge of ten
percent of the total to cover the cost of f -o -r administration.
D. For total cost, including the administrative overhead,
shall thereupon be assessed to the property as hereinafter
provided.
Passed by the Council and signed by me in authentication of
its passage this 4�4'*day of 2006.
Mayor Hank Williams
ATTEST:
Approved by me this /3 day of �py �- 2006.
GAG �
Mayor Hank Williams
3 - Ordinance No.18'lk (102706)