GILLIAM COUNTY
ORDINANCE NO. 2012-____
AN ORDINANCE PROHIBITING PUBLIC NUISANCES AND ESTABLISHING ENFORCEMENT AND
ABATEMENT PROCEDURES AND DECLARING AN EMERGENCY
TABLE OF CONTENTS
PAGE
1.0. AUTHORITY
1
1.1. PURPOSE
1
1.2. DEFINITIONS
1
1.3. FAILURE TO COMPLY
3
1. 4. NUISANCES ENUMERATED
3
1.5. UNENUMERATED NUISANCES
4
1.6 VEHICULAR NUISANCES
4
1.7. ABANDONED VEHICLES
4
1.8. ENFORCEMENT/CITATION NOTICE
5
1.9. ABATEMENT BY OWNER
5
1.10. ABATEMENT BY COUNTY
6
1.11. ASSESSMENT OF COSTS
6
1.12. SUMMARY ABATEMENT
7
1.13. PENALTY
7
Gilliam County Nuisance Ordinance
August 1, 2012
Page 1
1.0. AUTHORITY
This Ordinance is enacted pursuant to the provisions of Oregon Revised Statutes Chapters 92,
197, 203, 215, 433, 449, 459 and Public Law 99-663. It also adopts by reference the Gilliam
County Land Use and Development Ordinance.
1.1. PURPOSE
To protect: the health, safety, and general welfare of Gilliam County citizens; to conserve,
stabilize, and protect property values; and to preserve and enhance community livability by:
A. Establishing an administrative framework for the enforcement and abatement of nuisances
as provided for in the Gilliam County Code Enforcement;
B. Establishing and enforcing minimum standards regulating the accumulation of junk, solid
waste, debris, tires, dangerous structures, and inoperable or abandoned vehicles on public
and private property; and by,
C. Designating violations of the Gilliam County Land Use and Development Ordinance (LUDO) as
nuisances that require enforcement action and abatement
1.2. DEFINITIONS:
As used in this Ordinance except where the context indicates otherwise, the following terms
shall mean:
ABANDONED VEHICLE: A vehicle which satisfies one or more of the following criteria:
1. The vehicle is not currently licensed and registered for operation
2. The vehicle is being used to store junk, solid waste, or waste as defined in this section;
or:
3. The vehicle has parts which have been discarded, dismantled, or partially dismantled, or
stripped, or the vehicle is in a rusted, damaged, wrecked or other condition which
renders the vehicle inoperable.
COUNTY: The County of Gilliam
COUNTY COUNSEL: An Attorney representing Gilliam County
COUNTY COURT: The governing body of the County
COUNTY VIOLATION: A civil violation of County law being either the county code or a uncodified county ordinance as defined:
CLASS 1 VIOLATION:
Gilliam County Nuisance Ordinance
August 1, 2012
Page 2
Violations which the planning director, building official or hearings officer consider to be
major violations that cause or have the potential to cause a danger to life (persons or
animals) or property; one that poses substantial and unacceptable impacts on nearby
properties; situations which involve individuals disregarding county ordinances; and
situations that involve recurring violations at a single property or by the same individual or
company.
Examples include: significant building activity without proper permits and illegal dwellings.
CLASS 2 VIOLATIONS:
Violations that do not pose an immediate danger to life or property but which the planning
director, building official or hearings officer considers as major violations of county
ordinances that impact the quality of life of neighboring properties or other members of the
community.
Examples include: conversion of agricultural or accessory buildings to unauthorized uses
such as auto spray shops; and running unpermitted businesses in inappropriate zones (such
as auto repair shops in EFU zones
CLASS 3 VIOLATIONS:
Ordinance violations that the planning director, building official or hearings officer considers
minor and that have minor impacts on neighbors.
Examples include: unpermitted minor structures; setback violations, etc.
DEBRIS: The remains of something broken down or destroyed, including but not limited to:
scrap metal, paper, plastic or wood, pieces of asphalt, concrete, lumber or other building
supplies, yard debris or cuttings of plant materials.
GARBAGE: Food waste, refuse, rubbish or other useless materials.
JUNK: Broken discarded or accumulated objects including, but not limited to: appliances,
building supplies, furniture, vehicles, equipment or parts of vehicles and/or equipment, paper,
glass or other useless, unwanted or discarded materials. The fact that materials, which would
otherwise come within the definition of junk, may from time to time have value and thus could
be utilized, shall not remove them from the definition.
LIVESTOCK: Domestic animals of types customarily raised or kept on farms for profit or other
purposes.
NUISANCE: Includes but is not limited to any annoying, unpleasant or obnoxious or unsafe
condition or practice causing an unreasonable threat to the public health, safety, peace or
welfare and defined as a nuisance in this Ordinance.
PERSON: An individual, partnership, association or corporation.
Gilliam County Nuisance Ordinance
August 1, 2012
Page 3
PERSON IN CHARGE OF PROPERTY: Any owner, agent, occupant, lessee, contract purchaser, or
person other than the owner having the possession or control of property.
PLACE OR PROPERTY: Any premises, room, house, building or structure, or any separate part of
portion thereof, whether permanent or not, or the ground itself.
PUBLIC PLACE: Any building, place or accommodation, whether publicly or privately owned,
open and available to the public.
ROADWAY: That portion of the road right-of-way developed for vehicular traffic.
1.3. FAILURE TO COMPLY
A. A person who fails to comply with any provision of this Ordinance shall be subject to
enforcement pursuant to the Gilliam County Code Enforcement.
B. A Citation may be signed, issued, and mailed or posted on the property by any designated
agent of the County.
C. Persons who fail to comply with this Ordinance are subject to the administrative civil
penalties and abatement actions set forth in the Gilliam County Code Enforcement.
D. The imposition of a penalty does not relieve a person of the duty to abate the nuisance.
E. Any failure of the County to enforce a provision of this Ordinance does not constitute
permission, acquiescence or a right to continue a use that constitutes a violation.
1. 4.NUISANCES ENUMERATED:
A.
Animals with Communicable Diseases: No person shall permit any animal or bird owned
or controlled by him/her to be at large within the County if such an animal or bird is
afflicted with a communicable disease; no person shall allow vermin (including but not
limited to rats) to exist on property owned or under control of him/her.
B.
Dangerous Animal: No owner or person in charge of any dangerous animal, wild or
domesticated, shall permit such animal to run at large in the County.
C.
Removal of Animal Carcasses: No person shall permit any animal owned by him or under
his control to remain exposed on private property for a period of time longer than is
reasonably necessary to remove such carcass.
D. Nuisances Affecting the Public Health: The following are hereby declared to be nuisances
affecting the public health:
1.
Debris on Private Property: All accumulations of debris, rubbish, scrap metal, paper,
plastics or wood, pieces of asphalt, concrete, lumber or other building supplies, or
yard clippings or cuttings of plant material, manure and other refuse located on
Gilliam County Nuisance Ordinance
August 1, 2012
Page 4
private property and which has not been removed within a reasonable time and which
affects the health, safety or welfare of the County.
2.
Junk on Private Property: All accumulations of junk, broken, discarded or collected
objects including but not limited to, appliances, building supplies, furniture, vehicles or
equipment, or parts of vehicles or equipment.
3.
Abandoned Ice Boxes: No person shall leave in any place accessible to children any
abandoned, unattended or discarded ice box, refrigerator or similar container which
has an air-tight door with a snap lock or lock or other mechanism which may not be
release for opening from the inside without first removing such snap lock or door from
such ice box, refrigerator or similar container.
4.
Discarded Vehicles or Equipment: The open accumulation and storage of vehicles or
equipment within sight of a county road is found to create a condition tending to
reduce the value of adjacent private property. Therefore, the presence of a discarded
vehicle or equipment on private or public property within sight of a county road is
declared to constitute a public nuisance which may be abated as provided in this
ordinance.
1.5. UNENUMERATED NUISANCES:
In addition to those nuisances specifically enumerated in this Ordinance, every other thing,
substance or act which is determined by the Court to be injurious or detrimental to the public
health, safety or welfare of the County is hereby declared to be a nuisance and may be abated
as provided for in the Ordinance.
1.6. VEHICULAR NUISANCES:
A. No person shall store or permit the storing of a discarded vehicle upon public or private
property within sight of a county road for more than 72 hours unless the vehicles are
completely enclosed within a building or unless it is in connection with a lawfully conducted
licensed business enterprise.
1.7. ABANDONED VEHICLES:
A.
It shall be the duty of the Sheriff’s Office, whenever a vehicle is found abandoned upon the
County roads in the same position for a period of three (3) days unless the vehicle is a
traffic or safety hazard, to:
1. Make a routine investigation to discover the owner and request the removal of the
vehicle; or:
2.
Failing to discover the owner by such a process, to make a diligent inquiry as to the
name and address of the owner of the vehicle by examining such vehicle for license
number, I.D. Number, make, style, and any other information which will aid in the
identification of the ownership of the vehicle, and transmitting all available
Gilliam County Nuisance Ordinance
August 1, 2012
Page 5
information pertaining to such vehicle to the Motor Vehicles Division of this State with
an inquiry for the name and address of the owner, whenever such vehicle is required
by law to be registered with that office,
3. If the owner is not identified to place a notice upon the windshield, or some other part
of the vehicle easily seen by the passing public.
B.
The notice shall state that the Sheriff’s Office will remove and impound the vehicle under
the provisions of this section, twenty-four (24) hours after the time of the posting, unless:
1.
The owner removes the vehicle; or
2.
Good cause is shown satisfactorily to the Sheriff or his Deputy, why such vehicle
should not be removed by the owner or removed and impounded by the County.
1.8. ENFORCEMENT/CITATION NOTICE:
A. Upon determination by the County Court, acting on a complaint received on the Code
Enforcement Complaint Form from an adjacent landowner, County resident or public
official, that a nuisance as defined in this Ordinance or any other Ordinance of the County
that exists, the Court shall forthwith cause a Citation notice to be posted on the premises
where the nuisance exists directing the owner or person in charge to abate such a
nuisance.
B.
At the time of posting, the Sheriff shall cause a copy of such Citation Notice to be
forwarded by registered or certified mail, postage prepaid, to the owner or person in
charge of the property at the last known address of such owner or other person. Notice
to the owner of record or person in charge of the property may also be accomplished by
posting notice on the property or on the personal property.
C.
The Citation shall contain language from the Code Enforcement, Section 2.7.
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 such mailing
and posting.
E.
An error in the name or address of the owner or person in charge of the property or the
use of a name other than that of the owner or other person shall not make the notice void
and in such a case, the posted notice shall be sufficient.
1.9. ABATEMENT BY OWNER:
A.
Within thirty (30) days after the posting and mailing of the notice as provided in this
Ordinance, the owner or person in charge of the property shall abate the nuisance or show
that no nuisance exists.
Gilliam County Nuisance Ordinance
August 1, 2012
Page 6
B.
The owner or person in charge protesting that no nuisance in fact exists shall file with the
County Court a written statement which shall specify the basis for so protesting.
C.
The statement shall be referred to the Court as a part of the Court’s regular agenda at the
next succeeding meeting. At the time set for the consideration of the abatement, the
owner or person in charge of the property may appear and be heard by the Court and the
Court shall thereupon determine whether or not a nuisance in fact exists and such
determination shall be entered in the official minutes of the Court. Court determination
shall be required only in those cases where a written statement has been filed as provided
herein.
D. If the Court determines that a nuisance does in fact exist, the owner or person in charge
shall within thirty (30) days after such Court determination, abate such nuisance.
1.10. ABATEMENT BY COUNTY:
A.
If, within the time fixed as provided by the Ordinance, the nuisance has not been abated by
the owner or person in charge of the property, the Court shall cause the nuisance to be
abated.
B.
The officer charged with abatement of such nuisance shall have the right at reasonable
times to enter into or upon any property to investigate or cause the removal off such
nuisance.
C.
The County Clerk shall keep an accurate record of the expense incurred by the County in
abating the nuisance and shall include therein a charge of ten percent (10%) of the
expense for administrative overhead.
1.11. ASSESSMENT OF COSTS:
A.
The County shall by registered or certified mail, postage prepaid, forward to the owner of
person in charge of the property a notice stating:
1.
The total cost of abatement including the administrative overhead.
2.
That the cost as indicated will be assessed to and become a lien against the property
unless paid within sixty (60) days from the date of the notice.
3.
That if the owner or person in charge of the property objects to the cost of abatement
as indicated, he may file a notice of objection with the County Clerk not more than
thirty (30) days from the date of the notice.
B.
After the expiration of thirty (30) days from the date of the notice, the Court, in regular
course of business, shall hear and determine the objections to the costs to be assessed.
C.
If the costs of the abatement are not paid within sixty (60) days from the date if the notice,
an assessment of the costs as stated or as determined by the Court shall be made by
Gilliam County Nuisance Ordinance
August 1, 2012
Page 7
resolution and shall thereupon be entered in the docket of County liens; and upon such
entry made, shall constitute a lien upon the property from which the nuisance was abated.
1.12. SUMMARY ABATEMENT:
Upon determination by the Judge or Sheriff that a nuisance as defined by this Ordinance exists
and that unless the nuisance be summarily abated, the public health, safety or welfare will be
endangered, such officer may act as follows:
A.
He shall give or cause to be given a notice to remove or abate such nuisance with twentyfour (24) hours.
B.
If the nuisance is not removed or abated with in twenty-four (24) hours, he is authorized to
remove or abate the nuisance and the cost shall be charged against the property and
collected as provided by this Gilliam County Ordinance 2012-____.
1.13. PENALTY:
A.
Penalty: Violation of any provisions of this Ordinance shall be punishable as provided in
2.12-Imposition of Penalty and Other Orders, in the Gilliam County Code Enforcement.
B.
Separate Violations: Each day’s violation of a provision of this Ordinance shall constitute a
separate offence as provided for in 2.15 (E) of the Gilliam County Code Enforcement.
C.
Abatement Additional Remedy: The abatement of a nuisance as herein provided shall not
constitute a penalty for a violation of this Ordinance, but shall be in addition to any penalty
imposed for a violation of this Ordinance.
____________________________________________
Patricia Shaw, Judge
______________________________
Date
____________________________________________
Michael Weimar, Commissioner
______________________________
Date
____________________________________________
Dennis Gronquist, Commissioner
______________________________
Date
Gilliam County Nuisance Ordinance
August 1, 2012
Page 8