ORDINANCE NO. 232
AN ORDINANCE CONCERNING THE ABATEMENT OF
VEGETATION, RUBBISH AND DEBRIS NUISANCES
The City of Adams ordains as follows:
Section 1. Nuisances Prohibited:
A. Definitions:
1. The term “noxious vegetation” does not include vegetation that constitutes an
agricultural crop, unless that vegetation is a health hazard or a fire or traffic hazard within the
meaning of Subsection 2 of this section.
2. The term “noxious vegetation” means:
a. Weeds more than 12 inches high
b. Grass more than 12 inches high and not within the exception stated in
Subsection 1 of this section.
c. Poison oak, poison ivy, all forms of thistle including but not limited to
yellow star, bull, Kochia and Russian thistle and puncture vine.
d. Blackberry bushes that extend into a public thoroughfare or across a
property line.
e. All trees, plants, shrubs, grass, brush, weeds, or other vegetation growing
or which has grown and died or dried that are found upon any property which are a fire hazard and/or
otherwise a menace to public health, safety and welfare.
3. The term “rubbish” and “debris” means any material that is piled or discarded in
a manner that is unsightly, constitutes a fire hazard, or otherwise is a menace to public health, safety
and welfare.
4. Nuisances: For the purpose of this ordinance, nuisances mean rubbish, debris, or
noxious vegetation.
5. Property owner responsibility: In addition to property owned, the property owner
is responsible under this ordinance for all vegetation on that portion of the public right-of-way
abutting the property such person owns, except for the roadway. The roadway is the paved,
improved, or proper driving portion of the highway or road designed or ordinarily used for vehicular
travel. This section applies to undeveloped public right-of ways as well as to developed public rightof -ways. In case of hardship, notify the city for review.
6. Enforcing authority: The City Council shall have full authority of law to enforce
the provisions of this ordinance, and to enter and inspect any property reasonably believed to be in
violation of this ordinance. The City Council may delegate any portion or all of this authority to its
agents. Nothing herein shall limit the responsibility, authority, or powers of enforcement given under
other city ordinances or other state law. The term “council” as used in this ordinance shall mean the
City Council or its agent.
B. Prohibition: No owner or person in charge of property may allow nuisances to be on the
property or in the right-of-way of a public thoroughfare abutting on the property. It shall be the duty
of an owner or person in charge of property to cut down or to destroy grass, shrubbery, brush, bushes,
weed, or other noxious vegetation as often as needed to prevent them from becoming unsightly, from
becoming a fire hazard, or, in the case of weeds or other noxious vegetation, from maturing or from
going to seed, and to remove all rubbish and debris.
Section 2. Abatement of Nuisances:
A. Public Hearing: The City Council shall compile a list of properties in violation of this
ordinance as often as needed and shall convene a public hearing to consider abatement of weeds,
and other noxious vegetation, rubbish, or debris as a nuisance.
B. Notice:
1. At least ten (10) days prior to the public hearing, the City Council shall cause a
notice to be forwarded by registered or certified mail, postage prepaid, to the person responsible at
his/her last known address.
2. The notice to abate shall contain:
a. A description of the real property, by street address or otherwise, on which
the nuisance exists.
b. A direction that the nuisance be abated, and if the nuisance consists of
any of the weeds that are identified in Section 1 A 2 c, that they must be destroyed and/or
prevented from producing seed or spreading within ten days from the date of the notice, or
that the owner appear before the council at the public hearing to show just cause why the
nuisance should not be abated.
c. A description of the nuisance.
d. A statement that unless the nuisance is abated, as directed in the notice,
the City may abate the nuisance; and the cost of abatement will be charged to the person responsible.
e. A statement that it will be the responsibility of the property owner, or
occupant, as the case may be, to notify the City Council of any chemical abatement efforts once they
are completed.
f. A statement of the time, date and location of the hearing so that the person
may appear and be heard.
g. A statement that the failure to comply with the notice could result in a
significant monetary penalty.
3. Upon compliance of the mailing, the persons responsible for mailing shall
execute and file certificates stating the date and place of mailing.
4. An error in the name or/address of the person responsible shall not make the notice
void.
C. Resolution: At the conclusion of the public hearing, the council may pass a resolution
authorizing the abatement of any identified nuisance at the cost of the owner of the property
responsible for the nuisance. The resolution will included the authorization of the City Council or
its agent at reasonable times to enter into or upon property to investigate or cause the removal of a
nuisance.
Section 3. Establishment of the Rates and Fees for Abatement:
The City Council shall establish by resolution or motion a rate schedule and method of
abatement policy.
Section 4. Assessment of Costs:
A. The City Council shall keep an accurate record of the expenses incurred by the City in
physically abating the nuisance and shall include therein a charge of ten dollars ($10.00) or ten
percent (10%) of those expenses, whichever is greater, for administrative overhead.
B. The City Council by registered or certified mail, postage prepaid, shall forward to the
owner and the person responsible 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 thirty (30) days from the date of the notice.
3. That if the owner or the person responsible objects to the costs of the abatement as
indicated, he may file a notice of objection with the City Council not more than ten (10) days from
the date of the notice.
C. Upon the expiration of ten (10) days after the date of the notice, the council, in the regular
course of business, shall hear and determine the objections to the costs assessed.
D. If the costs of the abatement are not paid within thirty (30) days from the date of the
notice, an assessment of the costs, as stated or as determined by the council, shall be made by
resolution and shall thereupon be entered in the docket of city liens. Upon the entry being made, it
shall constitute a lien upon the property from which the nuisance was removed or abated.
E. The lien shall be enforced and shall bear interest at the rate of nine percent (9%) per
annum. The interest shall begin to run form the date the City Council determines by resolution the
amount of the assessment. Unless paid within one year after assessment, the City Council may
foreclose the lien in accordance with ORS 223.505-223.650.
F. An error in the name of the owner or the person responsible shall not void the assessment,
nor will a failure to receive the notice of the proposed assessment render the assessment void, but it
shall remain a valid lien against the property.
Section 5. Liability:
A. Any person who fails to abate or remove any vegetation, rubbish and debris required of
that person to be abated or removed pursuant to this ordinance shall be liable to any person who is
injured or otherwise suffers damage by reason of such vegetation of failure to abate or remove the
same.
B. Neither the City, or any of its officers, agents, employees, or city council members, shall