HomeMy WebLinkAbout3010 Uniform Abatement Process
ORDINANCE NO. 30\ D
AN ORDINANCE CREATING A NEW CHAPTER 2.31, RELATING
TO UNIFORM ABATEMENT PROCESS FOR VIOLATIONS, AMENDING
AMC 13.03.115, AMC 6.40.160, AND REPEALING AMC 9.08.240,
AMC 9.08.260 AND AMC 9.12.050
Annotated to show (;jeletions and additions to the code sections being modified.
Deletions are bold ,,-~.... .J. and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which .the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all .
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefiahters, Local 1660. Beaverton Shop. 20 Or.
App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, a standardized abatement process would make it easier to abate various
violations of the Ashland Municipal Code; .
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 2.31.010 [Abatement Notice] through 2.31.080 [Additional
Remedies] are hereby added to read as follows:
2.31 Uniform Violation Abatement Process
2.31.010 Abatement Notice.
A. Upon determination bv the Code Compliance Officer that a violation of
the Ashland Municipal Code exists that can be remedied bv abatement: a
Code Compliance Officer shall cause a notice of abatement to be served on
the owner or person in charQe of the property where the violation exists in
accordance with 1.08.005.E [Service. Service bv mail. etc.l, directinQ the
owner or person in charQe of the property to abate the violation.
C. The notice to abate shall contain:
1. a description of the real property bv street address or otherwise. on
which the violation exists: .
2. a direction to abate the violation within ten (10) days from the date of
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postinq;
3. a description of the violation and a reference to the ordinance or Code
section number involved:
4. a statement that. unless the violation is removed. the Citv mav abate
the violation and the cost of abatement shall be charqed to the person
responsible, assessed aaainst the propertv, or both:
5. a statement that the person responsible mav protest the order to abate
bv aivina written notice to the recorder within ten (10) davs from the date
of service in accordance with AMC 2.30.020 rAdministrative Appeals
Processl:
6. a statement that failure to abate a violation mav result in abatement by
the Citv and mav also result in issuance of a civil violation citation:
7. if the person responsible is not the owner. an additional notice shall
be sent to the owner. statinq that all or part of the abatement costs not
paid bv the person responsible will be assessed to and become a lien on
the propertv.
D. On completion of service. the persons responsible for service shall
execute and file certificates statina the date and place of service.
E. An error in the notice mailed shall not make the notice void.
F. The Citv is not reauired to post the propertv but mav alwavs provide
postinq at its discretion to facilitate notice with the responsible parties.
2.31.020 Abatement bv a Person Responsible.
A. Within ten (10) davs after service of the notice as provided in AMC .
1.08.005.E rService. Service bv mail. etc.l. a person responsible shall
remove the violation or show that no violation exists bv protestina the
violation as provided herein.
B. A person responsible. protestinq the existence of a violation. shall,
within ten (10) days after service. file with the citv recorder a written notice
of appeal specifyinq the basis for protestinq in accordance with AMC
2.30.020 rAdministrative Appeals Process]. Failure to file a written notice
of appeal constitutes a waiver to anv obiection that the person mav have to
the findina that a violation exists or to the abatement of the violation bv the
City.
C. After hearina the matter. the hearinas officer mav determine that no
violation exists, determine that a violation exists and order its abatement.
impose conditions on the person responsible. or delav the time for
abatement of the violation. The hearinas officer shall make written findinas
in support of its decision when a violation is determined to exist. and its
decision shall be final.
D. If the hearinqs officer determines that a violation does in fact exist. a
person responsible shall abate the violation within ten (10) davs after the
hearinq officer's determination. unless the hearinas officer has delaved the
time for abatement pursuant to subsection C.
'2.31.030 Abatement bv the Citv.
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A. If the violation has not been completelv abated bv a person responsible
within the time allowed. the Code Compliance Officer may abate the
violation or cause it to be abated.
B. The Code Compliance Officer shall have the riaht at reasonable times to
enter into or upon property in accordance with all laws. includina search
and seizure laws, to investiQate or cause the removal of a violation. The
City shall have the authority to dispose of all seized property in any lawful
manner and shall. if practical. attempt to obtain salvaae value for material
that has a fair market value in excess of $25.00 per item.
C. The Code Compliance Officer shall keep an accurate record of the costs
incurred bv the City in phvsicallv abatina the violation.
2.31.040 Assessment of Costs and Entry of Lien.
A. The Code Compliance Officer shall serve the owner and the person
responsible with a notice statina:
1. The total cost of abatement. includinQ the administrative cost of
abatement minus any salvaae value;
2. The total cost of abatement will be assessed to the property and
become a lien aaainst the property unless it is paid within thirty (30) days
of the date of service of the notice or a payment plan is confiQured to pay
off the total amount owed and financial security is posted;
3. Until the 30-dav notice has lapsed. the finance director shall
temporarilv enter the cost of abatement in the City's lien docket;
4. The finance director shall enter the cost of abatement in the City's lien
docket ifanv aQreed upon payment plan is violated and execute on any
securitv instrument provided:
5. That a written notice obiectinQ to the cost of abatement may be filed
with the finance director not more than ten days after the date the notice
was mailed to the property owner or the person responsible.
B. If an obiection is received on or before the expiration of ten (10) days
after the date the notice was served. the finance director. in the reQular
course of business. shall hear any timelv obiection and determine the
costs to be assessed. The finance director's determination shall be bv
written order.
C. The property owner or person responsible may appeal the finance
director's decision pursuant to AMC 2.30.020 rAdministrative Appeals
Processl. An assessment of the costs of abatement shall be entered into
the City's permanent lien docket and shall become a final lien on the
property from which the violation was abated if the costs of the abatement
are: 1) not appealed in a timelv manner. 2) not paid within thirty (30) days
from the date the notice was mailed. 3) or if any payment plan is violated. In
the event of a timely obiection or appeal. the costs. if any. shall be entered
upon conclusion of the obiection or appeal process.
D. The lien shall bear interest at nine percent (9%) per'annum or such
other rate as established bv Council resolution. The interest shall beQin to
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run from the date of the entry of the lien in the lien docket.
E. The City may include in one foreclosure proceedinQ as many accounts
as the City may have aQainst separate properties for abatinQ violations and
may proceed to assess and collect sinQle lot assessments aQainst each
property in a sinQle proceedinQ.
F. An error in the name of the person responsible for abatinQ the violation
shall not void the assessment. nor will a failure to receive the notice of the
total cost of abatement render the assessment void: the lien shall be a valid
lien aQainst the property.
2,31.050 Abatement - Joint Responsibility.
If more than one person is responsible for the violation. they shall be
iointly and severally liable for abatinQ the violation or for the costs incurred
by the City in abatinQ the violation.
2.31.060 Other Methods of CollectinQ Abatement Costs
The costs assessed for abatement of a violation may be collected pursuant
to ORS 30.310 or 30.315.
2.31.070 Summary Abatement Process
A. The city may summarily abate any violation or nuisance on any
property or premises which a Code Compliance Officer. in the exercise of
reasonable discretion. determines poses an imminent danQer or threat to
the public's health. safety or welfare. In the event a Code Compliance
Officer makes such a determination. it shall be set out in writinQ and at a
minimum include information on the followinQ:
1. The location of the property where the violation constitutinQ the
imminent threat or danQer is located:
2. The nature of said violation or condition: and
3. The attempts. if any. to contact the owner of the property and the
reason/sl why said owner or responsible person did not abate the
violation.
B. In the event the code compliance officer makes the above written
determination. the city need not provide pre-abatement notice consistent
with Section 2.31.010: however. the city shall provide notice to the owner of
the property within ten (10) days after the city's abatement of the violation.
Said notice shall include the followinQ:
1. A COpy of the written determination noted in 2.31.070.A:
2. A brief description of the action/sl the city took to abate the violation:
and
3. The costs. if known. incurred by the city to abate the violation.
C. The Code Compliance Officer shall have the riQht at reasonable times to
enter into or upon property in accordance with all laws. includinQ search
and seizure laws. to investiQate or cause the removal of a violation. The
City shall have the authority to dispose of all seized property in any lawful
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manner and shall. if practical, attempt to obtain salvaQe value for material
that has a fair market value in excess of $25.00 per item.
2.31.080 Additional Remedies
The requirement to abate a violation is not a penaltv for violatina the
Ashland Municipal Code: it is an additional remedv. The imposition of a
penaltv does not relieve a person of the duty to abate the violation.
SECTION 2. Amendment. Ashland Municipal Code Section 13.03.1.15 [Summary
Abatement] regarding sidewalk cafe, special event, and publication box regulations is
hereby amended to read as follows:
13.03.115 Summary Abatement
If the condition of any item in the City right of way, including any street or
sidewalk is such that it creates a risk of serious injury to the persons or property,
the Public Works Director is authorized to pursue summary abatement in
accordance with Chapter 2.31 -t.03 and to charge against the responsible
owner/operator the full costs of such abatement.
SECTION 3. Amendment. Ashland Municipal Code Section 6.40.150 [Revocation or
Suspension of License] through 6.40.170 [Penalties] is hereby amended to read as
follows:
6.40.150 Revocation or Suspension of License
A. Except as provided in section 6.40.160.B.3, before any license is suspended
or revoked, notice and hearing shall be provided in accordance with this section
1.08.005. An ambulance operator shall be afforded opportunity for hearing in
accordance with the terms of AMC 2.30 after reasonable notice, servel;!
personally or by registered or certified mail. A hearing shall be held by the
ceuncil if the eper-ater requests a hearing within ten days of receipt of the
netice. The notice shall include:
1. ,.. statement of the operator's right to hearing, or a statement of the time
and place of the hearing.
2. ,.. statement of the autherity and jurisdiction under which the hearing is
to be held. '
3.1'. reference to the particular section~ ofthjs chapter involved; and
1. A short and plaiA statement of the matters asserted or charged.
B. The HearinQ Officer council, if the matter is heard by the council, or the
city administrator, if no hearing is held, may revoke or suspend a license
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upon finding that an ambulance operator fails to meet the requirements of this
chapter or is doing business in violation of this chapter or applicable federal,
state. or county laws, ordinances, rules or regulations.
C. Any person whose license has been denied or revoked may, after thirty days
from the date of denial or suspension, apply for a license upon payment of an
application fee in the amount of the annual license fee, which shall not be
credited to the applicant's annual license fee.
D. Any person whose license has been denied or revoked for a total of two times
within one year, or who has a combined total of four denials or revocations shall
be disqualified from applying for a license for a period of two years from the date
of the last revocation or denial.
6.40.160 Abatement of Violations
A. Upon finding that a violation of this chapter, or applicable federal, state, city, or
county laws, ordinances, rules or regulations has occurred, the city may utilize
the uniform abatement process specified in AMC 2.31. In addition to the
remedies specified therein. if administrator shall provide 'Nritten notice to
the ambulance operator of the 'Jiolation and demand that the '1iolation be
cerrected within a reasonable time as specified in the notice.
8. In the e'/ent of a notice under subsection A of this section:
1. The ambulance oper-ator shall notify the city when correcti'/e action has
been taken, and the city shall then cause an inspection to be made to
determine compliance.
2-rlf the ambulance operator fails to take corrective action within the time
required, the city may also take action under section 6.40.150 to revoke or
suspend the license.
3. If the city administrator finds that the violation constitutes an immediate danger
to the public health and safety, the administrator may, by administrative order,
and consistent with AMC 2.31.070, direct the immediate cessation of activities
under the license pending a hearing. The hearing shall be held as provided in
section 6.40.150.
6.40.180 Penalties
A. In addition to any other procedures and remedies provided by law, any person
violating any section within this chapter shall be guilty of a infraction Class A
violation, subiect to the limitations of the Ashland Municipal Charter. -as
set forth in section 1.08.020 except that the penalty shall be a fine not to
exceed $1,000.
B. Each and every day during any portion of which a violation any section of this
chapter is committed, continued or permitted by any such person, is a separate
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Page 6 of 11
violation subject to a separate fine of $1,000 and such person shall be pu nished
accordingly.
SECTION 4. Repeal. Ashland Municipal Code Sections 9.08.200 [Abatement Notice]
through 9.08.240 [Summary Abatement] regarding nuisance abatement are hereby
repealed,in their entirety. Any municipal ~ode provisions in conflict with the provisions
contained herein are also hereby repealed.
9.08.200 Abatement Notice
.I.... Upon determination by the Council that a nuisance as defined in this
chapter or any ordinance of the City exists, the Council shall forth.....ith
cause a notice to be posted on the premises ...:here the nuisance exists,
dir-eGting the owner or person in Gharge of the property to abate the
nuisance.
B. At the time of posting, the City Recorder shall calise a copy of such
notiGe 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
the 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 the nuisance exists; .
2. A direction to abate the nuisance .....ithin ten (10) days from the date of
the notiGe;
3. ."t. description of the nuisance;
4. /I. statement that, unless the nuisance is removed, the City may abate the
nuisance and the Gost of abatement shall be a lien against the property;
5. ,.. statement that the owner or other person in charge of the property may
protest the abatement by giving notice to the City ReGorder .....ithin ten (10)
days from the date of the notiGe.
D. Upon completion of the posting and mailing, the person posting and
mailing the notiGe shall execute and file a certificate stating the date and
place of the mailing and posting.
Eo 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 ':oid and in SUGh a Gase the posted notice shall
be suffiGient.
9.00.21Q J\.b3tement Sy o\a:ner
A. Within ten (10) days after the posting and mailing of the notiGe as
provided in Section 9.08.200, the owner or person in charge of the pr.operty
shall remove the nuisance or sho..... that no nuisance exists.
8. 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.
Ordinance No.
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C. The s:tatement shall be r-eferred to the Council as a part of the Council's
regular agenda at its next succeeding meeting. At the time set far
consider-ation of tho abatement, the 9'....ner or otherporson may appear and
be heard by the Council, and the Council shall thereupon determine
whether or not a nuisance in fact exists, ami the 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 (10) days after the Council determination
abate the nuisance.
9.08.210 !',batoment 8yowner
)I.. Within ten (10) days after the posting and mailing of the notice as
provided in Section 9.08.200, the owner or person in charge of the property
shall r-emo'/e the nuisance or show that no nuisance exists.
8. 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
far so protesting.
C. The statement shall be r-eferr-ed to the Council as a part of the Council's
r-egular agenda at its next succeeding meeting. At the time set far
consideration of the abatement, the 9't/ner 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 the determination shall be
. entered in the official minutes of the Council. Council determination shall
be requir-ed only in those cases '::here a written statement has been filed as
provided.
D. If the Council determines that a nuisance does in fact exist, the owner or
other per-son shall .....ithin ten (10) days after the Council determination
abate the nuisance.
9.08.220 Abatement by 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.
8. The officer charged'.vith abatement of the nuisance shall have the right
at reasonable times to enter into or upon property to investigate or cause
the r-emo':al of a nuisance.
C. The City Recorder shall keep an accurate record of the expense incurr-ed
by the City in abating the nuisance and shall include therein a charge of
twenty percent (20%) of the expense far administrative overhead.
9.08.230 Cost assessment
Ordinance No.
Page 8 of 11
.fl.. The City ReGorder, by registered or Gertified mail, postage prepaid, shall
forward to the owner or person in Gharge of the property a notiGe stating:
1. The total Gost of abatement inGluding the administrati'Je o\<erhead;
2. That the Gost as indiGated will be assessed to and beGome a lien against
the property unless paid '....ithiR thirty (30) days from the date of this notiGe;
3. That if the O.....Rer or persoR iR Gharge of the praperty abjeGts to the Gost
of the abatemeRt as iRdiGated, a RotiGe of objeGtion may be filed with the
City ReGorder Rat more thaR teR (10) days from the date of the Ratice.
8. Upon the exp.iratiaR of teR (10) days after the date af the notice tho
CeuRGiI, iR the regular Gourse of busiRess, shall hear aRd determiRe the
abjections to the Gasts ta be assessed.
C. If the costs af the abatemeRt are Rot paid .....ithiR thirty (30) days from the
date of the notiGe, aR aSSeSSmeRt of the Gosts as stated or as determined
by the Council shall be made by resolution and shall thereupoR be entered
in the daGket of City liens, aRd, UpOR SUGh entry beiRg made, shall ~
caRstitute a lieR upon the property from whiGh the nuisaRce was removed
or abated.
D. The lieR shall be eRforced iR the same maRRer as liens for street
improvements are enforced aRd shall bear iRterest at the rate af six perceRt
(6".<.) per year. The iRterest shall COmmeRGe to rUR from the date of entry of
the lien in the lien dOGkot.
E. .'\1'1 error in the Rame of the OWRer or persoR i~ Gharge of the property
shall not void the assessment nor will a failure to receive the Rotice of the
pr-oposed assessmeRt reRder the assessmeRt void, but it shall remaiR a
'Jalidlien agaiRst the property.
9.08.240 Summary j\,batemeRt
The proGedure provided by this Ghapter is Rot eXGlusi'.'e but is in addition
to procedures provided by other ordiRaRceS, and the health officer, the Fire
Chief, or the PoliGe Chief may proceed summarily to abate a health or other
RuisanGe '",hiGh uRmistakably exists and which immiReRtly eRdangers
humaR life or praperty.
SECTION 5. Repeal. Ashland Municipal Code Section 9.08.260 [Separate Violations]
regarding nuisance abatement is hereby repealed in its entirety. Any municipal code
provisions in conflict with the provisions contained herein are also hereby repealed.
9.08.260 Separate ViolatioRs
A. Each day's '/iolatioR of a provisioR of this chapter canstitutes a separ-ate
affense.
8. The abatement of a nuisaRce is not a penally for violatiaR af this chapter
but is an additianal remedy. The impasitian af a peRalty daes Ret relieve a
person af the duty ta abate a Ruisance. .
Ordinance No.
Page 9 of 11
SECTION 6. Repeal. Ashland Municipal Code Section 9.12.050 [Violation - Notice to
Abate] regarding junk abatement is hereby repealed in its entirety. Any municipal code
provisions in conflict with the provisions contained herein are also hereby repealed.
9.12.050 VielatieFl Netice te J'.bate
11'1 case ef the vielatioFl ef the pro'JisioFls ef this chapter, the pelice
departmeFlt shall cause te be served 01'1 the OWFler, lessee, er eccupaFlt of
any private preperty upeFl which the jUFlk is located aREl requiring said
persoFl or persoFls te reme'/e the junk er place the same iFl a buildiFlg
wholly er eFltirely eFlclesed except doors fer use fer iFlgress aFld egress.
Said notice shall be giveFl by' persoFlal service to said persoFl er persOFlS or
the posting thereof in a conspicuous place on the property where said junk
is located. Said notice shall require compliance within ten (10) days after
the date of ser.'ice or posting of said notice. No notice need be given to any
persen '/iolating this chapter by the keeping of jUFlk on a street or other
public property.
SECTION 7. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 8. SavinQs. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 9. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (I.e. Sections 7-
9) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The foregoing ordinance was first read by title only iW with Article X,
Section of the City Charter on the t day of , 2010,
and d ASSED and ADOPTED this -!Jo day of ,2010,
~
l
Barbara M. Christensen, City Recorder
Ordinance No.
Page 10 of 11
SIGNED and APPROVED this~ day ~f~, 2010.
J
omey
Ordinance No.
Page 11 of 11