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Abatement and Resolution |
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The text below is the complete abatement procedure for public nuisances as set forth in chapter 93
of the Prineville Code of Ordinances. |
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§ 93.70 NOTICE TO ABATE. (A) Upon determination by the City Manager or his/her designees that a nuisance exists, the City Manager shall cause a notice to be posted on the premises or at the site of the nuisance directing the person responsible to abate the nuisance. (B) At the time of posting, the City Manager shall cause a copy of the notice to be forwarded by registered or certified mail, postage prepaid, to the person responsible including the owner or contract purchaser of the real property upon which the nuisance exists if they are not the person defined in § 93.01 of this chapter, at his/her last known address. (C) The notice to abate shall contain the following. (1) A description of the real property, by street address or otherwise, on which the nuisance exists. (2) A direction to abate the nuisance within ten days from the date of the notice. (3) A description of the nuisance. (4) A statement that, unless the nuisance is removed, the city may abate the nuisance and the cost of abatement will be charged to the person responsible and could become a lien on the property. (5) A statement that failure to abate a nuisance may warrant imposition of a fine. (6) A statement that the person responsible may protest the order to abate by giving notice to the City Manager within ten days from the date of the notice, together with a statement from the person responsible as to why they feel no nuisance exists. (D) Upon completion of the posting and mailing, the persons posting and mailing shall execute and file certificates stating the date and place of the mailing and posting, respectively. (E) An error in the name or address of the person responsible shall not make the notice void, and in such case the posted notice shall be sufficient. (‘91 Code, § 4-4.46) (Ord. 911, passed 4-28-87) § 93.71 ABATEMENT BY PERSONS RESPONSIBLE. (A) Within ten days after the posting and mailing of the notice, as provided in § 93.70, the person responsible shall remove the nuisance or show that no nuisance exists. (B) A person responsible, protesting that no nuisance exists, shall file with the City Manager a written statement which shall specify the basis for so protesting. (C) The statement shall be referred to the City Council as a part of its regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the person protecting may appear and be heard by the Council; and the Council shall 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 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 person responsible shall, within ten days after the Council determination, abate the nuisance. (‘91 Code, § 4-4.47) (Ord. 911, passed 4-28-87) Penalty, see § 93.99 § 93.72 LIABILITY FOR ABATEMENT. If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance. (‘91 Code, § 4-4.48) (Ord. 911, passed 4-28-87) Penalty, see § 93.99 § 93.73 ABATEMENT BY CITY. (A) If, within the time allowed, the nuisance has not been abated by the person responsible, the city may cause the nuisance to be abated. (B) The officer charged with abatement of the nuisance shall have the right at reasonable times to enter into or upon property to investigate the nuisance. The office charged with abatement of the nuisance and others as necessary shall have the right at reasonable times to enter into or upon the property to cause the removal of the nuisance. (C) The City Manager shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include therein a charge of $15 or 15% of those expenses whichever is the greater for administrative overhead. (‘91 Code, § 4-4.49) (Ord. 911, passed 4-28-87) § 93.74 ASSESSMENT OF COSTS. (A) The City Manager by registered or certified mail, postage prepaid, shall forward to all persons responsible a notice stating the following. (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 30 days from the date of the notice. (3) That if the person responsible objects to the cost of the abatement as indicated, he/she may file a notice of objection with the City Manager not more than ten days from the date of the notice. (B) Upon the expiration of ten 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 if any. (C) If the costs of the abatement are not paid within 30 days from the date of the notice or the hearing on the objections, 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 the 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 7% per annum. The interest shall commence to run from the date of the entry of the lien in the lien document. (E) An error in the name of 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. (‘91 Code, § 4-4.50) (Ord. 911, passed 4-28-87) § 93.75 SUMMARY ABATEMENT. The procedure provided by this chapter is not exclusive, but is in addition to procedure provided by other ordinances; and the Chief of the Fire Department, the Chief of Police or any other city official may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property. (‘91 Code, § 4-4.51) (Ord. 911, passed 4-28-87) § 93.99 PENALTY. (A) (1) Any person or persons who shall be convicted of being the author or keeper of a nuisance, or otherwise guilty of a violation of any of the provisions of this chapter, shall be fined not less than $10, nor more than $50 for the first offense, and for the second and all subsequent offenses, not less than $25, nor more than $500. (2) All persons responsible shall be liable for any injuries resulting from a violation of any of provisions of this chapter. (‘91 Code, § 4-4.52) (B) (1) Each day's violation of a provision of this chapter constitutes a separate offense. (2) The abatement of a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance; however, abatement of a nuisance within ten days of the date of notice to abate, or if a written protest has been filed, then abatement within ten days of Council determination that a nuisance exists, will relieve the person responsible from the imposition of any fine or imprisonment under division (A) of this section. (‘91 Code, § 4-4.53) (Ord. 911, passed 4-28-87) |
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Contact Information
387 NE Third Street | Prineville, OR 97754 | (541) 447-5627 | Fax (541) 447-5628 cityhall@cityofprineville.com |