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HomeMy WebLinkAboutOrdinance 1918Ordinance No. I q Is AN ORDINANCE ADDING CHAPTER 8.02 TO THE CENTRAL POINT MUNICIPAL CODE ENTITLED "CHRONIC NUISANCE PROPERTY" THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: There is hereby added to the Central Point Municipal Code a new Chapter, 8.02, entitled "Chronic Nuisance Property", to read as follows: Chapter 8.02 CHRONIC NUISANCE PROPERTY 8.02.010 Definitions. For purposes of this chapter, the following definitions apply: "Chronic Nuisance Property" means property on which two or more nuisance activities have occurred during any thirty (30) day period; property on which or within 200 feet of which any person associated with the property has engaged in two or more nuisance activities during any thirty (30) day period; or property which, upon request for execution of a search warrant, has been the subject of a determination by a court that probable cause that possession, manufacture, or delivery of a controlled substance or related offenses under Oregon law have occurred within the previous thirty (30) days; and the execution of the search warrant has resulted in the discovery of such controlled substances. "Nuisance Activities" means any of the following activities, behaviors or criminal conduct, as defined under Oregon state law: harassment; intimidation; disorderly conduct; assault or menacing; sexual abuse, contributing to the delinquency of a minor, or sexual misconduct; public indecency; prostitution or related offenses; alcoholic liquor violations; theft; arson or related offenses; possession, manufacture, or delivery of a controlled substance or related offenses; illegal gambling; criminal mischief; any attempt to commit (as defined by ORS 161.405), or conspiracy to commit (as defined by ORS 161.455), any of the above offenses; unlawful discharge of a firearm; unlawful operation of sound producing or reproducing equipment or unnecessary noise. "Control" means the ability to regulate, restrain, dominate, counteract or govern conduct that occurs on a property. 1 - Ordinance No. 1q\S (081408) "Person in Charge" means any person, in actual or constructive possession of a property, including but not limited to, an owner or occupant of property under his or her dominion, ownership or control. "Permit" means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the commission of an act. "Person" means any natural person, agent, association, firm, partnership or corporation capable of owning, occupying or using property in the City of Central Point. "Property" means any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to, any business or residential premises, room, house, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent. For property consisting of more than one unit, property is limited to the unit or the portion of the property on which any nuisance abatement has occurred or is occurring, but includes areas of the property used in common by all units of property including without limitation other structures erected on the property and areas used for parking, loading and landscaping. "Person Associated With" means any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit a property or person present on a property, including without limitation any officer, director, customer, agent, employee, or any independent contractor of a property, person in charge, or owner thereof. 8.02.020 Violation. A. Any property within the City of Central Point which is a chronic nuisance property is in violation of these provisions and subject to the remedies prescribed herein. B. Any person in charge who permits property to be a chronic nuisance property shall be in violation of these provisions and subject to the remedies prescribed herein. 8.02.030 Procedure; Notice. A. When the Chief of Police receives a police report documenting the occurrence of a nuisance activity on or within 200 feet of a property within the city, the Chief or the Chief's designee shall independently review such reports to determine whether they describe any acts enumerated under Nuisance Activities above. Following such review the Chief may notify the person in charge in writing that the property is in danger of becoming chronic nuisance property. The notice shall contain the following information: 2 - Ordinance No. k0k k!J^ (081408) 1. The street address or a legal description sufficient for identification of the property. 2. A statement that the Chief has information that the property may be chronic nuisance property, with a concise description of the nuisance activities that may exist, or that have occurred. The Chief shall offer the person in charge an opportunity to propose a course of action that the Chief agrees will abate the nuisance activities giving rise to the violation. 3. Demand that the person in charge respond to the Chief within ten (10) days to discuss the nuisance activities. B. After notification of Nuisance Activities to a person in charge, when the Chief receives a police report documenting the occurrence of a second nuisance activity at or within 200 feet of a property and determines that the property has become a chronic nuisance property, the Chief shall notify the person in charge in writing that the property has been determined to be a chronic nuisance property. The notice shall contain the following information: 1. The street address or legal description sufficient for identification of the property. 2. A statement that the Chief has determined the property to be a chronic nuisance property with a concise description of the nuisance activities leading to his findings. 3. Demand that the person in charge respond within ten (10) days to the Chief and propose a course of action that the Chief agrees will abate the nuisance activities giving rise to the violation. 4. Service shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person in charge at the address of the property, or such other place which is likely to give the person in charge notice of the determination by the Chief. 5. A copy of the notice shall be served on the owner at such address as shown on the tax rolls of the county, and/or the occupant at the address of the property, if these persons are different than the person in charge, and shall be made either personally or by first class mail, postage prepaid. 6. A copy of the notice shall also be posted at the property if ten days has elapsed from the service or mailing of the notice to the person in charge and the person in charge has not contacted the Chief. 7. The failure of any person to receive notice that the property may be a chronic nuisance property shall not invalidate or otherwise affect the proceedings under these provisions. C. If after the notification, but prior to the commencement of legal proceedings by the city pursuant to these provisions, a person in charge stipulates with the Chief that the person in charge will pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation, the 3 - Ordinance No. kS\IR_ (081408) Chief may agree to postpone legal proceedings for a period of not less than ten (10) nor more than thirty (30) days. D. Concurrent with any notification procedures set forth above, the Chief shall send copies of the notice, as well as any other documentation which supports legal proceedings against the property, to the City Attorney. E. When a person in charge makes a response to the Chief, any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have or are occurring. This section does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose. 8.02.040 Commencement of Action; Remedies. A. The City Council may, by resolution after affording the person in charge of the property an opportunity to be heard before the Council, authorize the City Attorney to commence legal proceedings in a court of competent jurisdiction to enjoin or abate chronic nuisance property and to seek closure, the imposition of civil penalties against any or all of the persons in charge thereof, and any such other relief deemed appropriate. Proof shall be by a preponderance of the evidence. B. If after the commencement but prior to the trial of any action or suit brought by the city, a person in charge of chronic nuisance property stipulates with the city that he or she will, pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation, the city may agree to stay proceedings for a period of not less than ten (10) nor more than sixty (60) days, except in the case of nuisance activity involving drugs where a search warrant was executed at the property. The person in charge or the city may thereafter petition the court for such additional periods of time as may be necessary to complete the action(s) to abate the nuisance activities. However, in the event that the city reasonably believes the person in charge of a property is not diligently pursuing the action(s) necessary to abate the nuisance activities, the city may apply to the court for release from the stay and may seek such relief as is deemed appropriate. C. It is a defense to an action.for chronic nuisance property that the person in charge at all material times could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the determination that the property is chronic nuisance property. D. In the event a court determines property to be chronic nuisance property, the court shall order that the property be closed and secured against all access, use and occupancy for a period of not less than six (6) months, nor more than one (1) year. The court shall retain jurisdiction during any period of closure. The person in charge may petition the court for an order reducing the period of closure if the person in charge and the 4 - Ordinance No. ,k— (081408) city stipulate that the nuisance has been and will continue to be abated. E. If a property is found to be chronic nuisance property, the person in charge of the chronic nuisance property is subject to a civil penalty of up to $100 per day for each day nuisance activities occurred on the property following notice. F. In establishing the amount of any civil penalty requested, the Court may consider any of the following factors and shall cite those found applicable: 1. The actions taken by the person in charge to mitigate or correct the nuisance activities at the property; 2. The financial condition of the person in charge; 3. Whether the problem at the property was repeated or continuous; 4. The magnitude or gravity of the problem; 5. The cooperativeness of the person in charge with the city; 6. The cost of the city of investigating and correcting or attempting to correct the nuisance activities; and 7. Any other factor deemed by the Court to be relevant. G. Nothing in these provisions shall require any conviction for criminal activities prior to the commencement of any action provided herein. 8.02.050 Emeraencv Closure Durina Pendencv of Action. If warranted, the City may seek emergency closure of the property. Any emergency closure proceeding initiated under this provision shall be based on evidence showing that nuisance activities have occurred on the property and that emergency action is necessary to avoid an immediate threat to public welfare and safety. Proceedings to obtain an order of emergency closure shall be governed by the provisions of ORCP 79 for obtaining temporary restraining orders. In such an event the notification procedures set forth above need not be complied with. 8.02.060 Enforcement; Costs. A. The court may authorize the city to physically secure the property against all access, use or occupancy in the event that the person in charge fails to do so within the time specified by the court. In the event that the city is authorized to secure the property, all costs reasonably incurred by the city to physically secure the property shall be paid to the city by the person in charge and.may be included in the city's money judgment. As used in this section, Costs means those costs actually incurred by city for physically securing the property, as well as tenant relocation costs pursuant to this section. B. The city department(s) physically securing the property shall prepare a statement of costs and the city shall thereafter submit that statement to the court for its review. If no objection to the statement is made within the period prescribed by Oregon Rule of Civil Procedure 68, the statement of costs shall be included in the city's money judgment. 5 - Ordinance No. t9 t� (081408) C. Judgments imposed by this chapter shall bear interest at the rate of nine percent (9%) per year from the date the judgment is entered. D. Any person who is assessed the costs of physically securing the property by the court shall be personally liable for the payment thereof to the city. E. The person in charge shall pay reasonable relocation costs of a tenant as defined by ORS 90.100(31) if, without actual notice, the tenant moved into the property after either: 1. A person in charge received a notice from the Chief's determination that the property may be nuisance property; or 2. A person in charge received notice of an action brought to close a chronic nuisance property. 8.02.070 Severability. The provisions of this chapter are intended to be consistent with any applicable provisions of state law. If any provision, or its application to any person, or circumstances is held to be invalid for any reason, the remainder of these provisions, or the application of them to other persons or circumstances shall not in any way be affected. Passed by the Council and signed by me in authentication of its passage this day of ,�y�� 2008. % '°� 1 r�Ii/-�G`%G,_ Mayor Hank Williams Approved by me this 0— day of _/ 2008. Mayor Hank Williams 7 - Ordinance No. \!I\Q (081408)