HomeMy WebLinkAboutOrd. 20610COUNCIL ORDINANCE NO. 20610
COUNCIL BILL 5200
AN ORDINANCE CONCERNING NUISANCES, AMENDING
SECTIONS 6.005 AND 6.010 OF THE EUGENE CODE, 1971,
AND ADDING SECTION 6.116 TO THAT CODE.
ADOPTED: April 8, 2019
SIGNED: April 9, 2019
PASSED: 8
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE: May 10, 2019
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ORDINANCE NO. 20610
AN ORDINANCE CONCERNING NUISANCES, AMENDING SECTIONS
6.006 AND 6.010 OF THE EUGENE CODE, 1971, AND ADDING
SECTION 6.116 TO THAT CODE.
I1:1=111115d11 WKS] 0XRc]4011=I1Z6] *IW NDIM 101FAM76]I110IT111.
Section 1. Section 6.005 of the Eugene Code, 1971, is amended by adding the
following definitions to that Section:
6.006 Definitions. For purposes of sections 6.005 to 6.845, the following words
and phrases mean:
Abandoned structure. A vacant structure that is an attractive nuisance.
Attractive nuisance. Buildings, structures, or premises that are in an
unsecured, derelict or dangerous condition, including but not limited to:
(a) Unguarded machinery, equipment, or other devices which are
attractive, dangerous, and accessible to children.
(b) Lumber, logs, or pilings placed or stored in a manner so as to be
attractive, dangerous, and accessible to children.
(c) An open pit, quarry, cistern, or other excavation without safeguards or
barriers to prevent such places from being used by children.
(d) An open, vacant structure which is attractive, dangerous and accessible
to children or which is used for habitation by trespassers.
Attractive nuisance does not mean authorized construction projects with
reasonable safeguards to prevent injury or death to playing children.
Derelict structure. A building or structure that is unfit for human habitation,
or poses an incipient hazard, or is detrimental to public health, safety or
welfare, as a result of one or more of the following conditions:
(a) Is unoccupied and unsecured;
(b) Is partially constructed;
(c) Is an abandoned structure or attractive nuisance;
(d) Is in condition of deterioration;
(e) Has an infestation of pests;
(f) Has doors or windows boarded over; or
(g) Other condition that in the opinion of the health officer is detrimental to
public health, safety or welfare.
Unfit for human habitation. A building or structure that, as found by the
enforcing officer, is unfit for human habitation due to unsanitary conditions,
infestation, accumulation of filth or contamination; lack of required ventilation,
illumination, or sanitary or heating facilities; or is not connected to approved
water or electricity, such that habitation would be injurious to the health,
safety, or welfare of the occupants.
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Unoccupied. Not legally occupied.
Unsecured. Unlocked or otherwise open to entry.
Section 2. Subsections (b) and (f) of Section 6.010 of the Eugene Code, 1971,
are amended and subsections (q) and (r) are added to that Section to provide as
follows:
6.010 Nuisances Affecting the Public. The following are nuisances which may
be abated as provided in this code:
(b) Attractive nuisances. No owner or person in charge of property shall
permit an attractive nuisance thereon.
(f) Odors. Causing or permitting any persistent odors, which are offensive
to individuals of normal sensitivity and which adversely impact or
unreasonably interfere with the use and enjoyment of property, to
emanate across any parcel or property line. In determining whether an
odor is offensive to individuals of normal sensitivity, the enforcing officer
may consider factors including, but not limited to, the following:
1. Frequency of the odor;
2. Duration of the odor;
3. Strength or intensity of the odor;
4. Number of people impacted;
5. The suitability of each party's use to the character of the locality in
which it is conducted;
6. Extent and character of the harm to complainants;
7. The source's ability to prevent or avoid harm.
(q) Derelict structures. Causing or allowing a derelict structure to exist on
any premises.
(r) Building interiors. Failing to maintain the interior of a dwelling in a
clean and sanitary condition and free from any accumulation of rubbish
or garbage so as not to breed insects and rodents, produce dangerous
or offensives gases, odors and bacteria, or other unsanitary conditions,
or create a fire hazard.
Section 3. Section 6.116 of the Eugene Code, 1971, is added to provide as
follows:
6.116 Receivership authority. In addition to, and not in lieu of, any other
provision in this chapter, when the enforcing officer finds residential
property in violation of section 6.010(q) of this chapter or in violation of
Eugene Code Chapter 8, and believes that the violation is a threat to the
public's health, welfare and safety, and the owner has not acted in a timely
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manner to correct the violations, the enforcing officer may apply to a court
of competent jurisdiction for the appointment of a receiver to perform an
abatement.
Section 4. The City Recorder, at the request of, or with the consent of the City
Attorney, is authorized to administratively correct any reference errors contained herein,
or in other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Passed by the City Council this
8th day of April, 2019
/City Recorder
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Approved by the Mayor this
day of April, 2019
Mayor