Loading...
HomeMy WebLinkAbout2784 Chronic Nuisance PropertyORDINANCE NO. ~.~ '7 ,~' ¢ AN ORDINANCE ADDING CHAPTER 9.18 TO THE ASHLAND MUNICIPAL CODE TO ESTABLISH PROCEDURES FOR DEALING WITH CHRONIC NUISANCE PROPERTY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following Chapter 9.18 is added to the Ashland Municipal Code. Chapter 9.18 CHRONIC NUISANCE PROPERTY Sections: 9.18.010 9.18.020 9.18.030 9.18.040 9.18.050 9.18. O6O 9.18.070 9.18.080 9.18. O90 Chronic Nuisance Property. Definitions. Remedy. Procedure. Commencement of Actions; Burdens of Proof; Defenses; Mitigation of Civil Penalty. Closure During Pendency of Action; Emergency Closures. Enforcement of Closure Order; Costs; Civil Penalty. Severability. Repeal of Chapter. 9.18.010 Chronic Nuisance Property. A. Any Property within the City of Ashland which becomes chronic nuisance property is in violation of this chapter and subject to its remedies. B. Any person who permits property under his or her ownership or control to be a chronic nuisance property shall be in violation of this chapter and subject to its remedies. 9.18.020 Definitions. A. Chronic Nuisance Property. Property upon which three or more of the below listed behaviors occur during any 30-day period as a result of three separate factual incidents that have been independently investigated by the Ashland Police Department. 1. Harassment as defined in ORS 166.065, excluding provision l(b). 2. Intimidation as defined in ORS 166.155 through 166.165. 3. Disorderly conduct as defined in ORS 166.025, excluding provision 1 (b). 4. Furnishing liquor to a minor as defined in ORS 471.410. 5. Minor in possession as defined in ORS 471.430. 6. Unnecessary noise as defined in AMC 9.08.170. PAGE 1 - CHRONIC NUISANCE PROPERTY ORDINANCE (p:ord\nuisance.fd) Do 7. Manufacture or delivery of a controlled substance as defined in ORS 475.992. 8. Delivery of a controlled substance to a minor as defined in ORS 475.995. Chief. The City of Ashland Chief of Police or the Chief's designee. Control. The ability to regulate, restrain, dominate, counteract, or govern conduct that occurs on that property. Owner. Any tenant, renter or lessee or any person, agent, firm, or corporation having a legal or equitable interest in a property. Owner also includes, but is not limited to: 1. A mortgagee in possession in whom is vested: a. All or part of the legal title to the property; or b. All or part of the beneficial ownership and a right to present use and enjoyment of the premises; or 2. An occupant who can control what occurs on that property. 3. Any person authorized to enter into a rental agreement on behalf of the owner or any person authorized to manage property of the owner. Permit. To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act. Person. Any natural person, association, partnership, or corporation capable of owning or using property in the City of Ashland. Property. Any real property including land and that which is affixed, incidental, or appurtenant to land, including but not limited to any premises, room, house, building or structure, or any separate part or portion thereof, whether permanent or not. 9.18.030 Remedy. A. In the event a court determines property to be chronic nuisance property, the court may order that the property be closed and secured against all use and occupancy for not more than 180 days, or the court may employ any other remedy deemed by it to be appropriate to abate the nuisance. In establishing the length of closure of the property, the court may consider any of the following factors, as they may be appropriate, and shall cite those found applicable: 1. The actions taken by the owner(s) to mitigate or correct the problem at the property; 2. Whether the problem at the property was repeated or continuous; 3. The magnitude or gravity of the problem; 4. The cooperativeness of the owner(s) with the city; 5. For rental properties, whether a responsible tenant is ready to occupy the property. 6. Any other factor deemed by the court to be relevant. PAGE 2 - CHRONIC NUISANCE PROPERTY ORDINANCE In addition to the remedies provided for in paragraph A above, the court may impose upon the owner of the property a civil penalty in any amount up to $100 a day, payable to the city, for each day the owner had actual knowledge that the property was chronic nuisance property and permitted the property to remain chronic nuisance property. 9.18.040 Procedure. A. Upon the occurrence of a second incident as defined in section 9.08.020.A within 30 days of the first incident, the chief shall notify the owner(s) of record and the occupant(s) of the property of the incidences that have occurred and the remedies available to the city under this ordinance. Notice under this provision is sufficient if it is sent certified mail, return receipt requested, addressed to such person at the address of the property where the incidences occurred, and to such other address as shown on the tax rolls of the county in which the property is located or such other place which is believed to give the owner actual notice. When the chief believes in good faith that property has become chronic nuisance property, the chief shall: B. Notify the owner(s) of record in writing that the property has been determined to be chronic nuisance property. The notice shall contain the following information: 1. The street address and a legal description sufficient for identification of the property. 2. A statement that the chief has found the property to be chronic nuisance property with a concise description of the conditions leading to these findings. 3. A copy of the notice shall be served on the owner at least 10 days prior to the commencement of any judicial action by the city. Service shall be mailed first class, postage prepaid, addressed to such person at the address of the property believed to be a chronic public nuisance property, and to such other address as shown on the tax rolls of the county in which the property is located of such other place which is believed to give the owner actual notice of the determination by the chief. 4. A copy of the notice shall be served on the occupant of the property if that person is different than the owner and shall occur not less than 10 days prior to the commencement of any judicial proceedings and be made either personally or by mailing a copy of the notice by first-class mail, postage prepaid, to them at the property. Notwithstanding any other provision of this ordinance commencement of judicial proceedings shall occur not less than 30 days from the date of the mailing of the notice described in section 9.18.040.A, except as provided in section 9.18.060. PAGE 3 - CHRONIC NUISANCE PROPERTY ORDINANCE Furthermore, a copy of the notice shall be posted at the property if 10 days has elapsed from the service or mailing of the notice to the owner(s), and no contact has been received by the city from them during that period of time. The failure of any person or owner to receive actual notice of the determination by the chief shall not invalidate or otherwise affect the proceedings under this chapter. Concurrent with the notification procedures set forth above, the chief shall send a copy of the notice to the city attorney as well as any other documentation which the chief believes supports the closure of the property and the imposition of civil penalties. The city attorney may then commence civil proceedings in a court of competent jurisdiction seeking the closure of the structure as well as the imposition of civil penalties against any or all of the owners thereof, and any such other relief as may be deemed appropriate. 9.18.050 Commencement of Actions; Burdens of Proof; Defenses; Mitigation of Civil Penalty. A. In an action seeking the closure of a chronic nuisance property, the city shall have the initial burden of proof to show by a preponderance of the evidence that the property is chronic nuisance property. B. It is a defense to an action seeking the closure of chronic nuisance property that the owner of property at the time in question could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the finding that the property is chronic nuisance property. C. In an action seeking civil penalties pursuant to 9.18.030.B, the city shall have the initial burden of proof to show by a preponderance of the evidence that the conditions of that subsection are specified. D. In establishing the amount of any civil penalty requested, the court may consider any of the following factors, as they may be appropriate, and shall cite those found applicable: 1. The actions taken by the owner(s) to mitigate or correct the problem at the property. 2. Whether the problem at the property was repeated or continuous; 3. The magnitude or gravity of the problem; 4. The cooperativeness of the owner(s) with the city; 5. The cost to the city of investigating and correcting or attempting to correct the condition; 6. Any other factor deemed by the court to be relevant. PAGE 4 - CHRONIC NUISANCE PROPERTY ORDINANCE 9.18.060 Closure During Pendency of Action; Emergency Closures. In the event that it is determined that the property is an immediate threat to the public safety and welfare, the city may apply to the court for such interim relief that is deemed by the chief or city attorney to be appropriate. In such an event the notification procedures set forth in 9.18.040.A need not be complied with. 9.18.070 Enforcement of Closure Order; Costs; Civil Penalty. A. In the event that a court finds that property constitutes chronic nuisance property as defined in this chapter, the court may order the remedies set out in 9.18.030. In addition, in the event that it also finds that the owner had knowledge of activities or conditions at the property constituting a violation of this chapter and nonetheless permitted the activities to occur, the court may utilize the penalties provided for in 9.18.030.B. B. The court may authorize the city to physically secure the property against use or occupancy in the event that the owner(s) fail to do so within the time specified by the Court. In the event that the city is authorized to secure the property, all costs reasonably incurred by the city to effect a closure shall be made an assessment lien upon the property. As used in this subsection, "costs" mean those costs actually incurred by the city for the physical securing of the property, as well as tenant relocation costs given pursuant to subsection B.4 of this Section. 1. The city Department effecting the closure shall prepare a statement of costs and the city shall thereafter submit that statement to the court for its review. If no objection to the statement is made within the period prescribed by Oregon Rule of Civil Procedure 68, a certified copy of the statement including a legal description of the property, shall be forwarded to the City Recorder who thereafter shall enter the same in the city's lien docket. 2. Liens imposed by this chapter shall be collected in all respects as provided for street improvements liens, and shall bear interest at the rate of 9 percent per year from 10 days after the entry in the lien docket. 3. Any person who is assessed the costs of closure or a civil penalty by the court shall be personally liable for the payment thereof to the city. 4. A tenant, as defined in ORS 90.100 is entitled to reasonable relocation costs as those are determined by the city, if without actual notice the tenant moved into the property after either: a. An owner(s) or agent received notice of any determination pursuant to 9.18.040.A, or b. An owner(s) or their agent received notice of an action brought pursuant to 9.18.050. PAGE 5 - CHRONIC NUISANCE PROPERTY ORDINANCE (p:ord\nuisance.fd) Co Any person who is assessed the costs of closure or a civil penalty by the court shall be personally liable for the payment thereof to the city. 9.18.080 Severability. If any provisions of this chapter, or its application to any person, or circumstances is held to be invalid for any reason, the remainder of the Chapter, or the application of its provisions to other persons or circumstances shall not in any way be affected. 9.18.090 Repeal of Chapter. This chapter will expire one year from its effective date. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the duly,PASSED and ADOPTED this /_~ Barbara Christensen, City Recorder /~: day of -.'~..~,.c/ ,1996, and · .. day of ~.~,~ ~'z_./~' ,1996. SIGNED and APPROVED this App/j:~oved as t,o F. grm: Paul Nolte, City Attorney day of ,1996. Catherine M. Golden, Mayor PAGE 6 - CHRONIC NUISANCE PROPERTY ORDINANCE