^{Title 8
HEALTH AND SAFETY}

8.04 NUISANCES-GENERAL PROVISIONS
8.08 NUISANCES-ANIMALS AND FOWL
8.12 NUISANCES AFFECTING PUBLIC HEALTH
8.16 NUISANCES AFFECTING PUBLIC SAFETY
8.20 NUISANCES AFFECTING PUBLIC PEACE
8.22 CHRONIC NUISANCE PROPERTIES
8.24 NUISANCES-ABATEMENT PROCEDURE
8.28 NUISANCES-PENALTY
8.32 EXPLOSIVES

8.34 GRAFFITI CODE

8.36 OUTDOOR BURNING

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Chapter 8.04
NUISANCES—GENERAL PROVISIONS¹

8.04.010 Definitions.
8.04.020 Declaration of nuisance.

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8.04.010 Definitions.
Except where the context indicates otherwise:

Chapter 8.08
NUISANCES—ANIMALS AND FOWL²

8.08.010 Communicable disease.
8.08.020 Dangerous animals.
8.08.030 Livestock and poultry.
8.08.040 Removal of carcasses.

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8.08.010 Communicable disease.
No person may permit an animal or bird owned or controlled by him to be at large within the city if the animal or bird is afflicted with a communicable disease. (Ord. 1-73 § 2, 1973.)

8.12.010 Designated.

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8.12.010 Designated.
No owner or person in charge of property may permit or cause a nuisance affecting public health. The following are nuisances affecting the public health and may be abated as provided in Chapter 8.24:

Chapter 8.16
NUISANCES AFFECTING PUBLIC SAFETY³

8.16.010 Abandoned iceboxes.
8.16.020 Attractive nuisances.
8.16.030 Snow and ice removal.
8.16.040 Weeds and noxious growth.
8.16.050 Scattering rubbish.
8.16.060 Trees.
8.16.070 Fences.
8.16.080 Surface waters—Drainage.
8.16.100 Junk accumulation.

8.16.110 Unimproved Lots (Ord. 2005-09)

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8.16.010 Abandoned iceboxes.
No person may leave in a place accessible to children an abandoned, unattended or discarded icebox, refrigerator or similar container which has an airtight door with a snap lock, lock or other mechanism which may not be released for opening from the inside, without first removing such lock or door from such icebox, refrigerator or similar container. (Ord. 1-73 § 7, 1973.)

 
8.16.020 Attractive nuisances.
A. No owner or person in charge of property may permit:

1. Unguarded machinery, equipment or other devices on such property which are attractive, dangerous and accessible to children;

2. Lumber, logs or piling placed or stored on such property in a manner so as to be attractive, dangerous and accessible to children;

3. An open pit, quarry, cistern or other excavation without erecting adequate safeguards or barriers to prevent such places from being used by children.

B. This section shall not apply to authorized construction projects if during the course of construction reasonable safeguards are maintained to prevent injury or death to playing children.

(Ord. 1-73 § 8, 1973.)

 
8.16.030 Snow and ice removal.
No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk may permit snow and ice to accumulate and remain on the sidewalk which constitutes danger to passersby. Such person(s) shall have an obligation to remove dangerous snow and ice on the sidewalk to assure safe travel by pedestrians. (Ord. 13-86 § 1, 1986: Ord. 1-73 § 9, 1973.)

 
8.16.040 Weeds and noxious growth.
No owner or person in charge of property may permit weeds or other noxious vegetation to grow upon his property. It shall be the duty of an owner or person in charge of property to cut down or to destroy weeds or other noxious vegetation as often as needed in order to prevent the weeds or noxious vegetation from becoming unsightly, from becoming a fire hazard, from maturing or from going to seed. (Ord. 1-73 § 10, 1973.)

 
8.16.050 Scattering rubbish.
No person may throw, dump or deposit upon public or private property an injurious or offensive substance or any kind of rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench, detract from the cleanliness or safety of such property, or would be likely to injure an animal, vehicle or person traveling upon a public way. (Ord. 1-73 § 11, 1973.)

 
8.16.060 Trees.
A. No owner or person in charge of property that abuts upon any street or sidewalk may permit trees or bushes on his property to interfere with street or sidewalk traffic. It shall be the duty of an owner or person in charge of property that abuts upon a street or sidewalk to keep all trees and bushes on his premises and on the adjoining parking strip trimmed to a height of not less than eight feet above the sidewalks and not less than ten feet above the streets.

B. No owner or person in charge of property may allow to stand any dead or decaying tree that is a hazard to the public or to persons or property on or near the property.
(Ord. 1-73 § 12, 1973.)

 
8.16.070 Fences.
A. No person may construct or maintain a barbed-wire fence or allow barbed wire to remain as a part of a fence along a sidewalk, unless such wire is placed not less than six inches above the top of a fence which is not less than six feet high.

B. No person may install, maintain or operate an electric fence along a sidewalk.
(Ord. 1-73 § 13, 1973.)

 
8.16.080 Surface waters—Drainage.
A. No owner or person in charge of any building or structure may suffer or permit rainwater, ice or snow to fall from such building or structure on to a street or public sidewalk or to flow across such sidewalk.

B. The owner or person in charge of property shall install and maintain in a proper state of repair adequate drainpipes or a drainage system so that any overflow water accumulating on the roof or about such building is not carried across or upon the sidewalk.
(Ord. 1-73 § 14, 1973.)

 
8.16.100 Junk accumulation.
Unless specifically authorized by permit or license, no person shall store or permit to be stored scrap building supplies, junk, furniture, plumbing supplies or fixtures, electrical supplies or fixtures, appliances, junk vehicles, recyclables or water products in any manner so as to expose it to view to persons from a street, sidewalk or public right-of-way adjoining the premises for a period of more than fourteen days. (Ord. 12-87 § 1, 1987.)

8.16.110 Unimproved lots.

Unimproved lots in commercial areas must either:

1. Be landscaped with grass or a combination of native species of ground cover and shrubs; or
2. Be screened from view from public rights-of-way by a sight-obscuring wood fence at least six feet high. Such fences must comply with City design standards and building codes.

Unimproved lots shall not be used for vehicle parking unless they have been approved for that use through a design review process (Chapter 17.90).

Chapter 8.20
NUISANCES AFFECTING PUBLIC PEACE⁴

8.20.010 Radio and television interference.
8.20.020 Unnecessary noise.
8.20.025 Public nuisance—Unlawful activities.
8.20.030 Notices and advertisements.
8.20.040 Illegal signs.

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8.20.010 Radio and television interference.
A. No person may operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception, provided that the radio or television receiver interfered with is of good engineering design.

B. This section does not apply to electrical and radio devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission.
(Ord. 1-73 § 15, 1973.)

 
8.20.020 Unnecessary noise.
A. No person may make, assist in making, continue or cause to be made any loud, disturbing or unnecessary noise which either annoys, disturbs, injures or endangers the comfort, repose, health, safety or peace of others.

B. Loud, disturbing and unnecessary noises in violation of this section include, but are not limited to the following:

1. The keeping of any bird or animal which by causing frequent or long-continued noise shall disturb the comfort and repose of any person in the vicinity;

2. The attaching of a bell to an animal or allowing a bell to remain on an animal;

3. The use of a vehicle or engine, either stationary or moving, so out of repair, loaded or operated as to create any loud or unnecessary grating, grinding, rattling or other noise;

4. The sound of a horn or signaling device on a vehicle on a street, public place or private place, except as a necessary warning of danger;

5. The blowing of a steam whistle attached to a stationary boiler, except to give notice of the time to begin or stop work, as a warning of danger, or upon request of proper city authorities;

6. The use of a mechanical device operated by compressed air, steam or otherwise, unless the noise thereby created is effectively muffled;

7. The erection, including excavation, demolition, alteration or repair of a building in residential districts, other than between the hours of seven a.m. and six p.m., except in case of urgent necessity in the interest of the public welfare and safety and then only with a permit granted by the city recorder for a period not to exceed ten days. Such permit may be renewed for periods of five days while such emergency continues to exist. If the council determines that the public health, safety and welfare will not be impaired by the erection, demolition, alteration or repair of any building between the hours of six p.m. and seven a.m. and if the council further determines that loss or inconvenience would result to any person unless such work was permitted within those hours, the council may grant permission for such work to be done within the hours of six p.m. and seven a.m. upon application therefor being made at the time the permit for the work is awarded or during the progress of the work.

The actual owner of property may do work on property actually occupied by him between the hours of six p.m. and ten p.m. without obtaining a permit as herein required;

8. The use of a gong or siren upon a vehicle, other than police, fire or other emergency vehicle;

9. The creation of excessive noise on a street adjacent to a school, institution of learning, church or court of justice, while the same are in use, or on a street adjacent to a hospital, nursing home or other institution for the care of the sick or infirm, which unreasonably interferes with the operation of such institution or disturbs or unduly annoys patients;

10. The discharge in the open air of the exhaust of a steam engine, internal combustion engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises and the emission of annoying smoke;

11. The use or operation of an automatic or electric piano, phonograph, gramophone, victrola, radio, television, loudspeaker or any instrument for sound producing or any sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such a manner as renders the use thereof a nuisance. However, upon application to the council, permits may be granted to responsible persons or organizations for the broadcast or amplification of programs of music, news, speeches or general entertainment as a part of a national, state or city event, public festivals, or outstanding events of a noncommercial nature. The broadcast or amplification shall not be audible for a distance of more than one thousand feet from the instrument, speaker or amplifier and in no event shall a permit be granted where any obstruction to the free and uninterrupted traffic, both vehicular and pedestrian, will result;

12. The making of a noise by crying, calling or shouting or by means of a whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument or other device for the purpose of advertising goods, wares or merchandise, attracting attention, or inviting patronage of a person to a business. however, newsboys may sell newspapers and magazines by public outcry;

13. The conducting, operating or maintaining of a garage within one hundred feet of a private residence, apartment, rooming house or hotel in such manner as to cause loud or disturbing noises to be emitted therefrom between the hours of eleven p.m. and seven a.m.

(Ord. 1-73 § 16, 1973.)

 
8.20.025 Public nuisance-Unlawful activities.
A. It is a public nuisance for any person in charge of property to permit or any person to cause to exist any public place where patrons, employees, residents or occupants engage in a pattern of behavior in the neighborhood involving the commission of three or more of the following offenses:

1. Public drinking, SMC Chapter 9.36;

2. Loitering to solicit prostitution, SMC Section 9.37.010;

3. Unlawful prostitution procurement activities, SMC Section 9.37.020;

4. Noise, SMC Section 8.20.020;

5. Assault, ORS 163.160, 163.165, 163.175 or 163.185;

6. Sexual abuse, ORS 163.415, 163.425 or 163.427;

7. Public indecency, ORS 163.465;

8. Criminal trespass, ORS 164.245 or 164.255;

9. Criminal mischief, ORS 164.345, 164.354 or 164.365;

10. Disorderly conduct, ORS 166.025;

11. Harassment, ORS 166.065;

12. Minor in possession of alcohol, ORS 471.430;

13. Unlawful manufacture, delivery or possession of a controlled substance, ORS 475.992; or

14. Public urination/defecation, SMC Section 9.34.010(1).

B. For purposes of this section, "pattern of behavior in the neighborhood" means one or more patrons, employees, residents or occupants of the place or business having been arrested or issued a citation for violation of three or more of any of the offenses specified in subsection A of this section that occur over any six month period at the place or business or within three hundred (300) feet thereof.

C. It is unlawful for any place or business to be a public nuisance or to be used as a public nuisance. If any place or business is found to be a public nuisance or to be used as such, it shall be subject to closure for a period of up to one year.

D. Public nuisance closure will be subject to the abatement procedures provided in SMC Sections 8.24.010 and 8.24.030.
(Ord. 3-97 § 1, 1997.)

 
8.20.030 Notices and advertisements.
A. No person may affix or cause any placard, bill, advertisement or poster to be affixed upon real or personal property, public or private property, without first securing permission from the owner or person in control of the property. This section shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the city regulating the use of and the location of signs and advertising.

B. No person, either as principal or agent, may scatter, distribute or cause any placards, advertisements or other similar material to be scattered or distributed on public or private property.

C. This section does not prohibit the distribution of advertising material during a parade or approved public gathering.
(Ord. 1-73 § 17, 1973.)

 
8.20.040 Illegal signs.
No person may erect or maintain any sign or any abandoned sign in violation of the provisions of Chapter 15.32 of this code. (Ord. 4-88 § 15, 1988.)

Chapter 8.22(Ord 2003-11
CHRONIC NUISANCE PROPERTIES

Sections:

8.22.10 Definitions.

8.22.20 Violation.

8.22.30 Procedure.

8.22.40 Commencement of Actions; Remedies; Burden of Proof.

8.22.50 Summary Closure.

8.22.60 Enforcement.

8.22.70 Attorney Fees.

8.22.10 Definitions

A. Chronic Nuisance Property.

1.     1. Property on which three or more Nuisance Activities exist or have occurred during any thirty day period; or

2.     2. Property on which or within 200 feet of which any person associated with the property has engaged in three or more Nuisance Activities during any thirty day period; or

3.     3. Property that, 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 as defined in ORS 167.203, ORS 475.005 through 475.285 and/or 475.940 through 475.995 has occurred within the previous thirty days, and the Chief of Police has determined that the search warrant was based on evidence of continuous or repeated Nuisance Activities at the property; or,

4.     4. Property on which continuous or repeated Nuisance Activities as defined in Subsection C below exist or have occurred.

B. Control. The ability to regulate, restrain, dominate, counteract or govern property, or conduct that occurs on a property.

C. Nuisance Activities. Any of the following activities, behaviors or conduct:

1.     1. Harassment as defined in ORS 166.065(1)(a).

2.     2. Intimidation as defined in ORS 166.155 through 166.165.

3.     3. Disorderly conduct as defined in ORS 166.025

4.     4. Assault or menacing as defined in ORS 163.160 through 163.190.

5.     5. Sexual abuse, contributing to the delinquency of a minor, or sexual misconduct as defined in ORS 163.415 through 163.445.

6.     6. Public indecency as defined in ORS 163.465.

7.     7. Prostitution or related offenses as defined in ORS 167.007 through 167.017.

8.     8. Alcoholic liquor violations as defined in ORS Chapter 471.105 through 471.482.

9.     9. Offensive littering as defined in ORS 164.805.

10.  10. Criminal trespass as defined in ORS 164.243 through 164.265.

11.  11. Theft as defined in ORS 164.015 through 164.140.

12.  12. Arson or related offenses as defined in ORS 164.315 through 164.335.

13.  13. Possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, ORS 475.005 through 475.285, and/or 475.940 through 475.995.

14.  14. Illegal gambling as defined in ORS 167.117, and/or ORS 167.122 through ORS 167.127.

15.  15. Criminal mischief as defined in ORS 164.345 through 164.365.

16.  16. Any attempt to commit (as defined in ORS 161.405), and/or conspire to commit (as defined in ORS 161.450), any of the above activities, behavior or conduct.

17.  17. Fire or discharge of a firearm as defined in Sandy Municipal Code (SMC) 9.82.

18.  18. Disorderly conduct as defined in SMC 9.34.

19.  19. Unlawful drinking in public places as defined in SMC 9.36.010.

D. Person. Any natural person, agent, association, firm, partnership, corporation or other entity capable of owning, occupying or using property in the City of Sandy.

E. Person Associated With. 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 of a property.

F. Person in Charge. 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 ownership or control.

G. Property. Any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, 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 may be limited to the unit or the portion of the property on which any nuisance activity 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.

8.22.20 Violation.

A. Any property determined by the chief of police to be chronic nuisance property is in violation of this Chapter and subject to its remedies.

B. Any person in charge of property determined by the chief of police to be a chronic nuisance property is in violation of this chapter and subject to its remedies.

8.22.30 Procedures.

A. When the chief of police receives two or more police reports documenting the occurrence of nuisance activities on or within two hundred feet of a property, the chief of police shall independently review such reports to determine whether they describe the activities, behaviors or conduct enumerated under SMC 8.22.10 (l--19). Upon such a finding, the chief of police 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:

1.     1. The street address or a legal description sufficient for identification of the property.

2.     2. A statement that the chief of police has information that the property may be chronic nuisance property, with a concise description of the nuisance activities that exist, or that have occurred. The chief of police shall offer the person in charge an opportunity to propose a course of action that the chief of police agrees will abate the nuisance activities giving rise to the violation.

3.     3. Demand that the person in charge respond to the chief of police within ten days to discuss the nuisance activities.

B. When the chief of police receives a police report documenting the occurrence of additional nuisance activity on or within two hundred feet of a property after notification as provided by subsection (A) of this section; or, in the case of chronic nuisance property as defined in SMC 8.22.10(3) or (4), for which notice under subsection (A) of this section is not required, the chief of police 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.     1. The street address or a legal description sufficient for identification of the property.

2.     2. A statement that the chief of police has determined the property to be chronic nuisance property with a concise description of the nuisance activities leading to his/her determination.

3.     3. Demand that the person in charge respond within ten days to the chief of police and propose a course of action that the chief of police agrees will abate the nuisance activities giving rise to the violation.

4.     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 determined to be a chronic nuisance property, or such other place which is likely to give the person in charge notice of the determination by the chief of police.

5.     5. A copy of the notice shall be served on the owner at the address shown on the tax rolls of the county in which the property is located, 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 certified first class mail, postage prepaid.

6.     6. The chief of police or his delegate shall prepare an affidavit of mailing for any mailing of notice required under this subsection.

C. If the person in charge fails to respond as required by subsection (B)(3) of this section, the chief of police may refer the matter to the city attorney. Prior to referring the matter to the city attorney, the notice required by subsection (B) of this section shall also be posted at the property.

D. If the person in charge responds as required by subsection (B)(3) of this section and agrees to abate nuisance activities giving rise to the violation, the chief of police may postpone referring the matter to the city attorney. If an agreed course of action does not result in the abatement of the nuisance activities within sixty days; or, if no agreement concerning abatement is reached within sixty days, the chief of police may refer the matter to the city attorney.

E. When a person in charge makes a response to the chief of police as required by subsections (A)(3) or (B)(3) of this section, any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have occurred or are occurring. This subsection does not require the exclusion of any evidence that is otherwise admissible or offered for any other purpose.

F. The failure of any person to receive notice as provided by subsections (A)(3) or (B)(3) of this section shall not invalidate or otherwise affect the proceedings under this chapter.

8.22.40 Commencement of Actions; Remedies; Burden of Proof.

A. The city attorney may commence legal proceedings in any court of competent jurisdiction, including Sandy Municipal Court and Clackamas Circuit Court, to 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 other relief deemed appropriate.

B. If the court determines property to be chronic nuisance property, the court shall order that the property be closed and secured against all unauthorized access, use and occupancy for a period of not less than six months, nor more than one year. The order shall be entered as part of the final judgment. The court shall retain jurisdiction during any period of closure.

C. If the court determines a property to be chronic nuisance property, the court may impose a civil penalty of up to two hundred dollars per day for each day nuisance activities occurred on the property, following notice pursuant to SMC 8.22.30 (B); or, the cost to the city to abate the nuisance activities at the property whichever is greater. The amount of the civil penalty shall be assessed against the person in charge and/or the property and may be included in the city’s money judgment.

D. If satisfied of the good faith of the person in charge, the court shall not award civil penalties if the court finds 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.

E. In establishing the amount of any civil penalty, the court may consider any of the following factors and shall cite those found applicable:

1.     1. The actions taken by the person in charge to mitigate or correct the nuisance activities at the property;

2.     2. The financial condition of the person in charge;

3.     3. Repeated or continuous nature of the problem;

4.     4. The magnitude or gravity of the problem;

5.     5. The cooperation of the person in charge with the city;

6.     6. The cost to the city of investigating and correcting or attempting to correct the nuisance activities;

7.     7. Any other factor deemed relevant by the court.

F. The city shall have the initial burden of proof to show by a preponderance of the evidence that the property is chronic nuisance property.

G. Evidence of a property’s general reputation and/or the reputation of persons residing in or frequenting it shall be admissible.

8.22.50 Summary Closure.

Any summary closure proceeding shall be based on evidence showing that nuisance activities exist or 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 summary closure shall be governed by the provisions of ORCP 79 for obtaining temporary restraining orders. In the event of summary closure, the city is not required to comply with the notification procedures set forth in SMC 8.22.30.

8.22.60 Enforcement.

 A. The court may authorize the city to physically secure the property against all unauthorized 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 the court authorizes the city to secure the property, the city shall recover all costs reasonably incurred by the city to physically secure the property as provided by this section. The city shall prepare a statement of costs incurred in physically securing the property and the city shall thereafter submit that statement to the court for its review as provided by ORCP 68.

B. The person in charge shall pay reasonable relocation costs of a tenant as defined by ORS 90.100(28), if, without actual notice, the tenant moved into the property after either:

1.     1. A person in charge received notice of the determination of the chief of police pursuant to SMC 8.22.30(B); or

2.     1. A person in charge received notice of an action brought pursuant to SMC 8.22.50.

C. A lien shall be created against the property for the amount of the city’s money judgment. In addition, any person who is assessed penalties under 8.22.40(C) and/or costs under SMC 8.22.60(A) shall be personally liable for payment thereof to the city. Judgments imposed by this chapter shall bear interest at the statutory rate.

8.22.70 Attorney Fees

The court may, in its discretion, award attorneys’ fees to the prevailing party.

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Chapter 8.24
NUISANCES-ABATEMENT PROCEDURES

8.24.010 Abatement notice.
8.24.020 Abatement by the owner.
8.24.030 Abatement by the city.
8.24.040 Assessment of costs.
8.24.050 Summary abatement.

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8.24.010 Abatement notice.
A. Upon determination by the council that a nuisance as defined in Chapters 8.04 through 8.20 or any other ordinance of the city exists, the council shall forthwith cause a notice to be posted on the premises where the nuisance exists, directing the owner or person in charge of the property to abate such nuisance.

B. At the time of posting, the city recorder shall cause a copy of such 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.

C. The notice to abate shall contain:

1. A description of the real property, by street address or otherwise, on which such nuisance exists;

2. A direction to abate the nuisance within ten days from the date of notice;

3. A description of the nuisance;

4. A statement that unless such nuisance is removed, the city may abate the nuisance and the cost of abatement shall be a lien against the property;

5. A statement that the owner or other person in charge of the property may protest the abatement by giving notice to the city recorder within ten days from the date of the notice.

D. Upon completion of the posting and mailing, the person posting and mailing the notice shall 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.

(Ord. 1-73 § 19, 1973.)

 
8.24.020 Abatement by the owner.
A. Within ten days after the posting and mailing of the notice as provided in Section 8.24.010, the owner or person in charge of the property shall remove the nuisance or show that no nuisance exists.

B. The owner or person in charge protesting that no nuisance exists shall file with the city recorder a written statement which shall specify the basis for so protesting.

C. The statement shall be referred to the council as a part of the council's regular agenda at the next succeeding meeting. At the time set for consideration of the abatement, the owner or other person may appear and be heard by the council, and the council shall thereupon determine whether or not a nuisance in fact exists and such determination shall be entered in the official minutes of the council. Council determination shall be required only in those cases where a written statement has been filed as provided.

D. If the council determines that a nuisance does in fact exist, the owner or other person shall, within ten days after such council determination, abate such nuisance.
(Ord. 1-73 § 20, 1973.)

 
8.24.030 Abatement by the city.
A. If, within the time allowed, the nuisance has not been abated by the owner or person in charge of the property, the council may cause the nuisance to be abated.

B. The officer charged with abatement of such nuance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance.5

C. The city recorder shall keep an accurate record of the expense incurred by the city in abating the nuisance and shall include therein a charge of twenty percent of the expense for administrative overhead.
(Ord. 1-73 § 21, 1973.)

 
8.24.040 Assessment of costs.
A. The city recorder, by registered or certified mail, postage prepaid, shall forward to the owner or 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 thirty days from the date of notice;

3. That if the owner or person in charge of the property objects to the cost of the abatement as indicated, he may file a notice of objection with the city recorder not more than ten days from the date of notice.

B. Upon the expiration of ten days after the date of the notice, the council, 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 thirty 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 and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated.

D. The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of nine percent per year. Such interest shall accrue from date of the entry of the lien in the lien docket.

E. An error in the name of the owner or person in charge of the property 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.
(Ord. 10-86 § 1, 1986; Ord. 1-73 § 22, 1973.)

 
8.24.050 Summary abatement.
The procedure provided by Chapters 8.04 through 8.28 is not exclusive but is in addition to procedures provided by other ordinances, and the city manager or the chief of police may proceed summarily to abate a health or other nuisance which unmistakably exists and from which there is imminent danger to human life or property. (Ord. 7-91 § 1, 1991: Ord. 1-73 § 23, 1973.)

Chapter 8.28
NUISANCES-PENALTY

8.28.010 Violation-Penalty.
8.28.020 Continuing violation.

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8.28.010 Violation--Penalty.
A person violating any of the provisions of Chapters 8.04 through 8.24 shall, upon conviction thereof, be guilty of a Class A infraction and subject to the penalties provided in Chapter 1.18. (Ord. 2-80 § 3 (part), 1980.)

8.32.010 Chapter purpose.
8.32.020 Definitions.
8.32.030 Applicability.
8.32.040 Storage--Permit required.
8.32.050 Application for permit and renewal.
8.32.060 Consideration of application.
8.32.070 Issuance of permit.
8.32.080 Overnight storage.
8.32.090 Revocation of permit.
8.32.100 Hearing on denial or revocation of permit.
8.32.110 Inspections.
8.32.120 Transportation regulations--General applicability.
8.32.130 Operation of the vehicle.
8.32.140 Competent person to attend vehicle.
8.32.150 Parking and stopping restricted.
8.32.160 Disabled vehicles.
8.32.170 Violation - Penalty.

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8.32.010 Chapter purpose.
It is the intention of the council that this chapter shall supplement and shall be uniformly interpreted with the laws and regulations of the United States and the state of Oregon, so far as possible, to avoid an undue burden on commerce. (Ord. 16-75 § 1, 1975.)

 
8.32.020 Definitions.
As used in this title, the singular includes the plural and the masculine includes the feminine and neuter. Except where the context clearly indicates a different meaning, the following words shall mean:

A. "Explosives" means chemical compounds, mixtures or devices, the primary or common purpose of which is to function by explosion with substantially instantaneous release of gas or heat, including, but not limited to class A and class B explosives as classified by the Interstate Commerce Commission, nitro-carbo-nitrates and fireworks as defined by ORS 480.110, but excluding dangerous articles such as flammable liquids, flammable solids, compressed flammable or nonflammable gases, oxidizing materials, corrosive liquids, poisonous liquids or gases, radioactive materials and small arms ammunition.

The Interstate Commerce Commission classifies explosives as follows:

1. CLASS A. Explosives having detonating or otherwise maximum hazard such as dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black powder, blasting caps, and detonating primers;

2. CLASS B. Explosives having flammable hazard, such as propellant explosives (including some smokeless powders), photographic flash powders, and some special fireworks;

3. CLASS C. Explosives including certain types of manufactured articles which contain class A or class B explosives, or both, as components but in restricted quantities, such as small arms ammunition, common fireworks, cordeau detonant and explosive rivets. (Ord. 16-75 § 2, 1975.)

 
8.32.030 Applicability.
A. Except as this chapter may conflict with the regulations, laws and constitution of the United States and the state of Oregon, it shall apply to interstate and intrastate commerce.

B. This chapter shall not apply to:

1. The armed forces of the United States or the militia of any state;

2. The use of explosives in Sandy.

(Ord. 16-75 § 3, 1975.)

 
8.32.040 Storage—Permit required.
No person may store any explosives unless a permit is first obtained from the city council. A revocable permit valid for one year may be issued by the city council. (Ord. 16-75 § 4, 1975.)

 
8.32.050 Application for permit and renewal.
Written application for a permit or for renewal of a permit to store explosives shall be made to the recorder. The application shall be accompanied by a permit fee of ten dollars which shall be returned to the applicant if the application is denied. The recorder shall refer the application to the city council at the next regular council meeting. (Ord. 16-75 § 5, 1975.)

 
8.32.060 Consideration of application.
The council may either grant or deny the application for a permit, taking into consideration:

A. The congestion of persons, the type of buildings, the volume of vehicular traffic, and the topography in the vicinity of the storage area;

B. The condition and construction of the structure or magazine used or to be used for storage of explosives and the applicable fire zone regulations;

C. The adequacy of water supply in the storage area;

D. "The American Table of Distances for Storage of Explosives," published by the Institute of Makers of Explosives, September 30, 1955;

E. Any other factors relevant to public safety. (Ord. 16-75 § 6, 1975.)

 
8.32.070 Issuance of permit.
In granting a permit, the council may limit the quantity of explosives which may be stored by the applicant and may prescribe in the permit the terms and conditions the council considers necessary for the protection of the public from the dangers of explosion. The recorder shall issue the permit as directed by the council. (Ord. 16-75 § 7, 1975.)

 
8.32.080 Overnight storage.

No permit may be granted to store or keep over fifty pounds of explosives or over five hundred blasting caps any place within the city between the hours of six p.m. and seven a.m. on the following day. (Ord. 16-75 § 8, 1975.)

 
8.32.090 Revocation of permit.
The council may revoke a permit:

A. If conditions considered in granting the permit change at the storage area or in the vicinity and the public is endangered by the storage of explosives as authorized by the permit;

B. If the permittee is convicted of a violation of this chapter;

C. If the permittee is convicted for violation of federal or state laws or regulations relating to safety in storing and transporting explosives.
(Ord. 16-75 § 9, 1975.)

 
8.32.100 Hearing on denial or revocation of permit.
Before denying or revoking a permit, the council shall give written notice of its proposed action to the applicant or permittee. If, within ten days after the date of such notice, a hearing is requested by the applicant or permittee, the council shall fix a time within the next thirty days in which it shall hear the objections of the applicant or permittee to the denial or revocation of the permit. Thereafter the decision of the council shall be final. (Ord. 16-75 § 10, 1975.)

 
8.32.110 Inspections.
It shall be the duty of the fire marshal to enforce the provisions of this chapter relating to storage, and he shall regularly inspect buildings where explosives are stored to determine whether storage practices conform to the provisions of this chapter and the limitations imposed by the permit. (Ord. 16-75 § 11, 1975.)

 
8.32.120 Transportation regulations—General applicability.
Every motor vehicle transporting explosives shall be operated in compliance with this chapter unless federal or state laws and regulations impose a greater affirmative obligation or a greater restraint, or unless compliance with this chapter would prevent full compliance with federal or state laws or regulations by persons subject thereto. (Ord. 16-75 § 12, 1975.)

 
8.32.130 Operation of the vehicle.
Persons shall operate motor vehicles transporting explosives with the highest degree of care to decrease the probability of danger to life and property in the following manner:

A. The vehicle shall not be driven into the following designated area:

B. The vehicle shall be driven only upon Highway 26 and Highway 211 passing through the city of Sandy, except when delivering or receiving explosives off said highways, in which event the vehicle shall be driven upon a route prearranged with the chief of police to avoid, whenever possible, congested streets, heavy traffic, bus routes, viaducts, dangerous crossings, and any dwellings, buildings or places where persons work, congregate or assemble;

C. Except when passing, the vehicle shall be kept at least three hundred feet behind other motor vehicles transporting explosives moving in the same direction;

D. The vehicle shall not be driven near fires of any kind burning on or near a street until passage can be made safely.
(Ord. 16-75 § 13, 1975.)

8.32.140 Competent person to attend vehicle.
When transporting explosives the vehicle shall be attended by a competent person whose primary duty is to attend the vehicle. Such person shall be within sight of and in close proximity to the vehicle and shall have on his person the appropriate keys for starting the vehicle. Vehicles are deemed unattended when left in care of a person on duty in the regular course of another business such as service station attendants, motel operators or merchant patrolmen. The police are authorized to move unattended vehicles to a safe place, and to enter premises at any time to remove an unattended vehicle loaded with explosives. (Ord. 16-75 § 14, 1975.)

 
8.32.150 Parking and stopping restricted.
A. Except as provided in this section, no person may park a vehicle loaded with explosives in the city for any purpose, and no person may stop such vehicle for any reason except momentarily to comply with moving traffic laws.

B. A person may park an attended vehicle for the sole purpose of, and while physically engaged in, loading or unloading explosives from the vehicle, or changing drivers.

C. No person may refuel a vehicle within the city except in extreme emergency and then only with enough fuel to enable it to proceed to the first refueling point beyond the city. The engine of the vehicle shall be stopped during refueling.
(Ord. 16-75 § 15, 1975.)

 
8.32.160 Disabled vehicles.
A. If a vehicle transporting explosives is disabled, the driver shall immediately cause notice to be given to the police and fire departments.

B. The fire chief of the local fire district shall determine whether or not the vehicle may be moved, and where it may be repaired when loaded.

C. If the disabled vehicle is moved when loaded with explosives, it shall be moved with a police escort to a location where repairs can be made without endangering life or property.

D. If transfer of the explosives is imperative, persons making the transfer shall employ adequate safety measures under the supervision of the fire and police departments.
(Ord. 16-75 § 16, 1975.)

 
8.32.170 Violation—Penalty.
Any person violating any of the provisions of this chapter shall upon conviction be punished by imprisonment for not to exceed ten days, or by a fine not to exceed three hundred dollars, or both. (Ord. 16-75 § 17, 1975.)