Chapter 8.04 - EMERGENCY TELEPHONE SYSTEM

8.04.010 - Purpose.

The purpose of this chapter is to reduce abuse and deliberate misuse of the 9-1-1 emergency telephone system; and to ensure the availability of 9-1-1 and other emergency telephone lines for the reporting of true emergencies, so that personnel and equipment may be available for use in true emergency situations.

(Ord. 1-1991 § 1)

8.04.020 - Definitions.

As used in this chapter:

"Automatic dialing and announcing device" means an electronically or mechanically operated instrument which automatically dials telephone numbers it has been programmed to dial, and which plays a prerecorded message when answered.

"Automatic protection device" means an electronically or mechanically operated instrument that automatically signals or sends by any means (including direct or indirect connection to regular telephone lines) pictures, sound, odor or a prerecorded message, either by voice or other alarm, from a protected premises upon receipt of a stimulus from a sensory detection apparatus. Automatic protection devices include any audible alarm or light signaling device attached to the interior or exterior of a protected premises.

"Emergency" means any situation which involves an immediate threat to property or person.

"Intentionally" is defined in ORS 161.085 (1989 Edition).

"9-1-1" means a three-digit telephone number assigned for use by the public in reporting an emergency situation or summoning emergency assistance from a public safety agency.

"Public safety agency" means any sheriff, police, fire or emergency medical entity operating within Union County.

(Ord. 1-1991 § 2)

8.04.030 - Improper use.

No person shall make improper use of emergency telephone system by:

A. Knowingly or intentionally dialing the 9-1-1 number for any purpose other than to report an event which the caller reasonably believes to be an emergency;

B. Knowingly or intentionally programming and activating an automatic dialing and announcing device or an automatic protection device which results in the transmission of a prerecorded message to a public safety agency via 9-1-1;

C. Knowingly allowing telephone equipment to be used in violation of subsections A and B of this section.

(Ord. 1-1991 § 3)

8.04.040 - Violation—Penalty.

Improper use of 9-1-1 is a Class A infraction and is punishable upon conviction by a fine of not more than five hundred dollars ($500.00). A separate infraction is deemed to occur on each calendar day the infraction continues to exist and a separate citation may be filed for each such infraction.

(Ord. 1-1991 § 4)

Chapter 8.08 - NUISANCES

8.08.010 - Definitions.

As used in this chapter:

"Person" means a natural person, firm, partnership, association or corporation.

"Person in charge of property" means an agent, occupant, lessee, contract purchaser, or other person having possession or control of property or the supervision of any construction project.

Person Responsible. The "person responsible" for abating a nuisance means and includes:

1. 1. The owner;

   2. The person in charge of property as defined in this section;

   3. The person who caused to come into or continue in existence a nuisance as defined in this chapter or another ordinance of the city.

"Public place" means a building, way, place or accommodation, whether publicly or privately owned, open and available to the general public.

(Ord. 9-1981 § 1)

8.08.020 - Dangerous animals.

A. No owner or person in charge of an animal which is dangerous to the public health or safety shall allow the animal to be exposed in public.

B. A dangerous animal exposed in public may be taken into custody by the police and disposed of in accordance with the procedures provided for by ordinance for the impoundment and disposition of dogs, except that before the animal is released by the city, the municipal judge must find that proper precautions will be taken to insure the public health and safety.

C. A dangerous animal running at large, which because of fierceness of disposition or diseased condition is too hazardous to apprehend may be destroyed by a peace officer or by a person acting in defense of himself, his family or another person.

(Ord. 9-1981 § 2)

8.08.030 - Livestock and poultry.

A. No owner or person in charge of property shall allow a domestic animal, including livestock and poultry, to run at large within the corporate limits of the city or to be within a park owned by the city.

B. It is unlawful for any owner or person, firm or corporation having control of a horse, cow, mule, sheep, goat, rabbit or any other like domestic animal or a fowl or bird to permit the animal or fowl to trespass upon private property within the city of Elgin.

C. Any horse, cow, mule, sheep, goat, rabbit or other like domestic animal or a fowl or bird shall be properly caged or housed, and maintained in a sanitary condition at all times. All animal or poultry grain foods shall be stored in metal or other rodentproof receptacles. All accumulations of manure or bedding materials soiled by animal wastes in or about every stable, corral or enclosure where an animal is kept shall be collected at least once each week and immediately deposited in fly-tight containers and disposed of in such a manner to eliminate fly breeding and nuisance conditions.

(Ord. 9-1981 § 3)

8.08.040 - Removal of carcasses.

No person shall permit an animal carcass owned or controlled by him to remain upon public property, or to be exposed on private property, for a period of time longer than twenty-four (24) hours.

(Ord. 9-1981 § 4)

8.08.050 - Nuisances affecting public health.

No owner or person in charge of property shall cause or permit on such property any nuisance affecting public health, nor shall any person cause on any property, public or private, any nuisance affecting public health. The following are nuisances affecting public health and may be abated as provided in this chapter.

A. Debris. An accumulation of decomposed animal or vegetable matter, garbage, rubbish, manure, offal, ashes, discarded containers, waste, paper, debris, trash, hay, grass, straw, weeds, litter, or other refuse matter or substance which by itself or in conjunction with other substances is deleterious to public health or comfort, or is unsightly, or creates an offensive odor;

B. Stagnant Water. An accumulation of stagnant or impure water which affords or might afford a breeding place for mosquitoes or other insects;

C. Noxious Weeds. A nonornamental or nonagricultural growth of grass or weeds over ten (10) inches high, any growth of dried vegetation that is found to be a public safety hazard by a city police officer or fire district officer, any growth of weeds listed by the Union County Commission as Class "A," "B" or "C" noxious weeds.

D. Animal Carcasses. The deposition of an animal carcass or part thereof, or any excrement or sewage, or industrial waste, or any putrid, nauseous, decaying, deleterious, offensive, or dangerous substance in a stream, well, spring, brook, ditch, pond, river or other inland waters within the city, or the placing of such substances in such position that high water or natural seepage will carry the same into such waters;

E. Privies. An open vault or privy except those constructed or maintained in connection with construction projects in accordance with the Oregon State Board of Health regulations;

F. Surface Drainage. Drainage of liquid wastes from private premises;

G. Cesspools. Cesspools or septic tanks which are in an unsanitary condition or which cause an offensive odor;

H. Food. Decayed or unwholesome food which is offered for human consumption;

I. Odors. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition;

J. Slaughterhouses. A pigsty, slaughterhouse or tannery;

K. A barn, stable, corral, pen, chicken coop, rabbit hutch, or other place where animals are caged or housed which is in an unsanitary condition or creates a noisome or offensive odor;

L. Water. The sufferance or allowance by the owner or person in charge of property that water from a ditch, canal, flume, reservoir pipe line, or conduit above or below ground should leak, seep, flow, overflow, run back or through, or escape or run upon, over or under any premises, public street, alley, sidewalk or other public property, which would endanger the public health, safety, welfare or convenience.

M. Tall grass (over ten (10) inches) or accumulation of grasses, leaves, weeds or any other foliage under and/or around any vehicle which is unsightly or may be a potential fire hazard. ("Vehicle" as defined in Oregon Vehicle Code: 801.590)

(Ord. 143 § 1, 2001; Ord. 9-1981 § 5)

(Ord. No. 173, § 1, 1-13-09)

8.08.060 - Abandoned refrigerators.

No person shall leave in any place accessible to children an abandoned or discarded icebox, refrigerator or similar container without first removing the door.

(Ord. 9-1981 § 6)

8.08.070 - Attractive nuisances.

A. No owner or person in charge of property shall permit thereon:

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

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

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

B. This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children.

(Ord. 9-1981 § 7)

8.08.080 - Dangerous excavations and dangerous buildings.

A. Dangerous Excavations.

1. No owner or person in charge of property shall allow an excavation to remain unguarded by suitable barriers.

2. In addition to the barriers required by subsection A of this section, excavations shall be marked by warning lights during the hours of darkness.

3. An obstruction on a street, sidewalk, public way or pathway commonly used by the public shall be marked by warning lights during the hours of darkness. It shall be the responsibility of the person creating, maintaining or in charge of such obstruction to insure the installation and operation of the warning lights.

B. Dangerous Buildings.

1. No owner of property shall allow to remain thereon any building or structure which is or threatens to be a public nuisance, dangerous to the health, morals, safety or general welfare of the people of the city of Elgin, Oregon, or which might tend to constitute a fire menace.

2. If an owner of a dangerous building is directed, in accordance with the provisions of this chapter, to abate this nuisance by demolishing the dangerous building, the demolition shall include the removal of the debris resulting from the process of demolition and the premises on which the building is located shall, after demolition, be left clean, neat, sanitary, orderly and safe. A building shall not be considered to have been demolished until such debris shall have been removed and the premises left in the condition stated in this section.

(Ord. 9-1981 § 8)

8.08.090 - Snow and ice removal.

A. No owner or person in charge of property shall allow snow to remain on the sidewalk abutting his property for a period longer than the first six hours of daylight after the snow has fallen.

B. No owner or person in charge of property shall allow ice to remain on the abutting sidewalk for more than two hours of daylight after the ice has formed unless covered with ash, sand or other suitable materials.

C. No person shall place or deposit snow, except snow removed from public sidewalks, on any parking strip or street.

(Ord. 9-1981 § 9)

8.08.100 - Trees.

A. No owner or person in charge of abutting property shall allow any brush, bushes, trees, limbs, shrubbery, flowers or other growth, whether grown for food, fuel, shade or ornamentation, to project over a sidewalk at an elevation of less than eight feet above the level of the sidewalk or over a street at an elevation of less than thirteen (13) feet six inches above the level of the street.

B. No owner or person in charge of property shall allow to stand a dead or decaying tree that is a hazard to the public or to persons or property on or near the property.

(Ord. 9-1981 § 10)

8.08.110 - Fences.

A. No owner or person in charge of property shall construct or maintain a barbed wire fence along a sidewalk or public way.

B. No owner or person in charge of property shall construct, maintain or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person.

(Ord. 9-1981 § 11)

8.08.120 - Unenumerated nuisances.

A. In addition to the acts and conditions specifically enumerated in this chapter, any condition, thing, substance or activity which is detrimental to, injurious to, or constitutes a danger to the public health, safety or welfare is declared to be a nuisance and is subject to the abatement procedures set forth in this chapter.

B. A condition, thing, substance or activity declared to be a nuisance by another ordinance of this city is subject to the abatement procedures of this chapter if no abatement procedures are provided by such ordinance.

(Ord. 9-1981 § 12)

8.08.130 - Abatement procedures.

A. If the city council is satisfied that a nuisance exists, it 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 recorder shall cause a copy of the notice to be forwarded by certified mail, postage prepaid, to the person responsible at his last known address.

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 within ten (10) 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 nuisances; and the cost of abatement charged to the person responsible;

5. A statement that the person responsible may protest the order to abate by giving notice to the city recorder within ten (10) days from the date of the notice.

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.

(Ord. 9-1981 § 13)

8.08.140 - Abatement by the person responsible.

A. Within ten (10) days after the posting and mailing of such notice as provided in Section 8.08.130, 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 recorder 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 protesting, may appear and be heard by the council, and the council shall reconsider the matter and once again determine whether or not a nuisance in fact exists, and the determination shall be entered in the official minutes of the council.

D. If after reconsideration, the council once again concludes that a nuisance does in fact exist, the person responsible shall within ten (10) days after the council's determination abate the nuisance.

(Ord. 9-1981 § 14)

8.08.150 - Abatement by the city.

A. If, within the time allowed, the nuisance has not been abated by the person responsible, the council may cause the nuisance to be abated.

B. The person or persons selected by the council to abate the nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of the nuisance.

C. The city recorder shall keep an accurate record of the expenses incurred by the city in physically abating the nuisance and shall include therein a charge of ten dollars ($10.00) or ten (10) percent of those expenses (whichever is the greater) for administrative overhead.

(Ord. 9-1981 § 15)

8.08.160 - Joint responsibility.

If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance or for the cost incurred by the city in abating the nuisance.

(Ord. 9-1981 § 16)

8.08.170 - Assessment of costs.

A. The city recorder, by registered or certified mail, postage prepaid, shall forward to the person responsible a notice stating:

1. The total costs 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 (30) days from the date of the notice;

3. That if the person responsible objects to the cost of the abatement as indicated, he may file a notice of objection with the city recorder not more than ten (10) days from the date of the notice.

B. Upon the expiration of ten (10) days after the date of the notice, the city council in the regular course of business shall hear and determine the objections to the cost assessed.

C. If the costs of the abatement are not paid within thirty (30) days from the date of the notice, an assessment of the costs as stated or as determined by the city 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 six percent per year. The interest shall commence to run from date of the entry of the lien in the lien docket.

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.

(Ord. 9-1981 § 17)

8.08.180 - Summary abatement.

The procedure provided by this chapter is not exclusive, but is in addition to the procedure provided by other ordinances, and the health officer, the chief of the fire department, the fire marshal, the chief of police or the city recorder may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property.

(Ord. 9-1981 § 18)

8.08.190 - Violation—Penalty.

A person violating a provision of this chapter or an order issued under authority of this chapter shall, upon conviction, be fined an amount not to exceed five hundred dollars ($500.00).

(Ord. 9-1981 § 19)

8.08.200 - Separate violations.

A. Each day's violation of a provision of this chapter constitutes a separate offense.

B. 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 (10) days of the date of notice to abate, or if a written protest has been filed, then abatement within ten (10) days of city council determination that a nuisance exists, will excuse the person responsible from the imposition of any fine under Section 8.08.190 of this chapter.

C. Notwithstanding subsection B of this section, if a nuisance exists, and even though it is abated when cited within ten (10) days as provided, but due to the nature of the nuisance it continues to reoccur, then upon multiple citations for the same nuisance violation, the city council of the city of Elgin shall give notice to the cited party and hold a hearing to determine the cause of the nuisance. If the council determines that the cause of the multiple violations are under the control of the cited party, the council shall define the cause of the nuisance, and issue an order to abate the nuisance as provided by Section 8.08.130 and following. The abatement of the cause of a nuisance and/or the findings of the council as to the cause of a nuisance at any subsequent hearing shall be enforceable as long as the cause, as duly determined and defined, shall exist whether or not an immediate nuisance exists.

(Ord. 6-1991; Ord. 9-1981 § 20)

Chapter 8.12 - OPEN BURNING[1]

8.12.010 - Definitions.

"Burning container" is an enclosed container of non-combustible material such as ferrous metal or masonry and screened with metal wire mesh, the container shall be constructed so as to entirely contain the combustible wastes and to prevent any burning materials from leaving the container while burning.

"Cooking fire" is an open burning fire used exclusively for cooking food, excluding gas or charcoal fired cooking grill fires.

"Nuisance burning" is to mean any burning that is in violation of OAR or other state regulations, or any burning that causes a nuisance as determined by a fire or police officer.

"Open burning" means all burning conducted outside the limits of an enclosed building such as a residence, shop, store, garage, etc.

"Responsible person" is to mean a person who is reasonably capable of extinguishing an open burning fire or accidental secondary fire.

"Safety area" is to mean an area free of combustible materials surrounding the burning container or an open unconfined burning pile, of sufficient size so as to prevent the kindling of any secondary fire.

"Safety equipment" is to mean water, either in containers or by garden hose, and shovels, rakes, or any other such items that are required for extinguishing of a permitted fire.

"Unconfined burning pile" is a pile of combustible vegetative debris suitable for burning, located within a proper safety area.

"Vegetative debris" is yard debris which includes limbs, twigs, and cut trees and shrubbery, but excludes tree leaves, grass clippings and other slow burning vegetable matter.

"Wire mesh" or "screening" is to mean a ferrous metal wire mesh or screen with openings small enough to entirely confine the burning material within the burning container. Openings within the screen or mesh are to be less than one square inch in area.

(Ord. No. 162, § 2, 3-13-07)

8.12.020 - Burning regulations.

A. Nuisance Burning is Prohibited. Regulations governing burning that is harmful to persons or the environment are defined in the Oregon Administrative Rules; Chapter 340, Division 23. Also see nuisance burning in Section 8.12.010, definitions.

B. Open burning is prohibited within the city except as provided in Section 8.12.030.

C. The use of burn barrels or other burning containers for burning trash, paper and other household materials is prohibited.

D. All open burning shall be limited to the hours specified by resolution of the city council. All open burning fires are to be completely extinguished outside of the time limit(s) set by the aforementioned resolution.

E. During a period of fire hazard, burning hours will be further restricted under the direction of the State Fire Marshall, and/or the fire chief of the Elgin rural fire district.

F. Burning hours restrictions shall not apply to supervised controlled burning conducted by the Elgin rural fire district.

(Ord. No. 162, § 3, 3-13-07)

8.12.030 - Conditions permitting open burning.

Open burning may be allowed under the following conditions only:

A. Cooking fires used exclusively for cooking.

B. Fires located in fire pits associated with approved and supervised campsites.

C. Outdoor (hearth) fireplaces and chimeres (chimney patio fireplaces) with spark arresters (i.e. screens on chimney, etc.) used for cooking and/or heating purposes;

D. Propane, natural gas, or briquette barbeques that meet applicable federal, state, and local requirements.

E. Violation of this section is unlawful burning.

(Ord. No. 162, § 4, 3-13-07; Ord. No. 4-2018, 3-13-2018)

8.12.040 - Safety.

A. All open burning shall be located so as to provide a safety area around any fire.

B. No open burning shall be permitted if, in the sole judgment of the fire chief or his designate or the ordinance officer, such open burning would constitute a fire safety-hazard, or the smoke would be a nuisance.

(Ord. No. 162, § 5, 3-13-07; Ord. No. 4-2018, 3-13-2018)

8.12.050 - Responsibility.

A. Open burning shall be conducted only by a responsible person or a person directly supervised by a responsible person.

B. The responsible person in charge of conducting open burning shall be held liable for all damage resulting from the burning, and will be subject to any penalties for the violation of this ordinance or the regulations of the state of Oregon.

(Ord. No. 162, § 6, 3-13-07)

8.12.060 - Costs of suppressing fires.

If any fire department response is required to suppress an uncontrolled fire and the fire department determines that the fire was caused or started by one of the exceptions listed in Section 8.12.030(A) through (E), the property owner shall reimburse the Elgin rural fire department for those costs associated with the suppression efforts.

(Ord. No. 162, § 7, 3-13-07)

8.12.070 - Permit required.

A permit shall be obtained from the Elgin rural fire department prior to igniting any open burn, excluding those exceptions listed in Section 8.12.030(A), (B), (C) and (D). A fee may be established by city council resolution, any such fee shall be paid at the time of permit application. Any Elgin rural fire department officer or police personnel (i.e., city, county, etc.) may revoke a permit obtained under this section if the Officer determines the fire and/or smoke is a danger to persons or property, or is a nuisance to others. If a burning permit is revoked, the fire must immediately be extinguished by the responsible person or person in control of the fire. If the fire is not extinguished as directed by the officer, the fire department may extinguish the fire and bill the permit holder for expenses.

(Ord. No. 162, § 8, 3-13-07)

8.12.080 - Discontinuance.

Notwithstanding anything to the contrary in this ordinance, the Elgin rural fire department may prohibit all open burning within the city and cause the immediate cessation of all open burning if the fire department determines, in its sole discretion, that smoke emissions may be offensive to occupants of surrounding properties or that open burning may be a hazardous condition.

(Ord. No. 162, § 9, 3-13-07)

8.12.090 - Use of woodstoves restricted.

The burning of any materials other than wood in woodstoves, fireplaces or outdoor (hearth) fireplaces is prohibited, except paper may be used as a starting agent. Woodstoves, fireplaces or outdoor fireplaces must be used for heating purposes only and may not be used to burn garbage, paper, cardboard. plastics, leaves, twigs or other yard debris. Violation of this section is unlawful burning of prohibited materials in a woodstove.

(Ord. No. 162, § 10, 3-13-07)

8.12.100 - Violation—Penalties—Summary abatement.

Violation of this ordinance shall be considered an infraction and shall be punishable by a fine of not more than fifty dollars ($50.00) for the first violation, not more than one hundred fifty dollars ($150.00) for the second violation, and not more than two hundred fifty dollars ($250.00) for each subsequent violation. Any act prohibited by this chapter shall be considered a nuisance subject to immediate and summary abatement by fire or police personnel. Costs of abatement shall be assessed against any person who violates the provisions of this chapter and shall be imposed in addition to any fine.

(Ord. No. 162, § 11, 3-13-07)

8.12.110 - Officers authorized to issue citations.

All sworn fire and police officers may issue a citation to appear in court to any person who violates the ordinance codified in this chapter.

(Ord. No. 162, § 12, 3-13-07)

8.12.120 - Conflicting ordinances.

Any ordinance of the city of Elgin which is in conflict with the ordinance codified in this chapter is hereby repealed in as much as it is in conflict herewith. All other provisions of any such ordinance remains in effect.

(Ord. No. 162, § 13, 3-13-07)

8.12.130 - Severability clause.

The sections and subsections of the ordinance codified in this chapter are severable. The invalidity of a section or subsection shall not affect the validity of the remaining sections and subsections herein.

(Ord. No. 162, § 14, 3-13-07)

Chapter 8.16 - SOLID WASTE MANAGEMENT

8.16.010 - Policy.

A. The policy of the city of Elgin is to provide the opportunity to recycle and to:

1. Continue the voluntary recycling program in existence on the effective date of the ordinance codified in this chapter;

2. Encourage additional economically feasible recycling;

3. Require the franchised collector to provide recycling collection service at such time as it is determined to be economically feasible or is required by any state statute or regulation or plan adopted thereunder.

B. It is further the policy of the city of Elgin to:

1. Insure safe, efficient, economical and comprehensive solid waste service and thereby protect the health, safety and environment;

2. Provide a basis and incentive for investment in collection service, equipment and improved technology;

3. Insure adequate collection service to consumers at fair and equitable rates.

(Ord. 104 § 2 (part), 1996; Ord. 6B-1984 § 1)

8.16.020 - Definitions.

As used in this chapter:

"Person" means any individual, partnership, association, corporation, trust, firm, estate, joint venture or other private legal entity or public agency.

(Ord. 104 § 2 (part), 1996; Ord. 6B-1984 § 2)

8.16.030 - Exemptions.

This chapter does not apply to:

A. Collection, transportation, recycling or reuse of repairable discards or recyclable materials by charitable, benevolent or fraternal organizations which use the activity for fund raising.

B. A person hauling wastes produced by such person at a single residential dwelling unit; or at another source owned or operated by such person, or as part of a business such as demolition, land clearing, construction, janitorial, landscaping and gardening, septic tank pumping or sludge collection.

(Ord. 6B-1984 § 3)

8.16.040 - Franchise required.

Unless exempted under Section 8.16.030 or franchised pursuant to Section 8.16.050 of this chapter, no person shall solicit customers for collection service, or advertise the providing collection service or provide collection service within the city.

(Ord. 6B-1984 § 4)

8.16.050 - Grant of nonexclusive franchise.

A. The city may grant a nonexclusive right to operate under this chapter for the purpose of accommodating residential and commercial solid waste collection with all rights and privileges afforded the franchise pursuant to this chapter. The appointment of a franchise shall be by separate resolution.

B. 

1. The city council may grant another collection service franchise, but only after notice to the franchisee, after a public hearing on the proposed franchise, and after written findings on the need for additional service and the qualifications of the applicant specified in this subsection.

2. The applicant must prove to the council there is a need for additional service that has not been met by the franchise; that the applicant has the necessary collection service; experience, personnel, equipment and financial capability required to assure collection service; that granting such a franchise would carry out the purposes of Section 8.16.010 of this chapter; and, that granting an additional franchise would benefit the customers, the residents or the city.

3. A second franchisee shall be required to provide all of the types of collection service as required by this chapter of a franchisee; to meet the same terms, conditions and rates: and, to be subject to all of the requirements imposed on the franchisee.

C. Franchise Term. The rights, privileges and franchise herein granted shall be for a ten (10) year period. After its initial execution, the parties may at any time renegotiate the franchise to maintain its ten (10) year term.

(Ord. 6B-1984 § 5)

8.16.060 - Franchisee responsibilities.

The franchisee shall:

A. Collect and transport solid waste for any person in the city who makes application for service within the limits of equipment provided by the franchisee, and upon payment or making arrangement for the payment for such service;

B. Provide and keep in force public liability insurance in the amount of not less than three hundred thousand dollars ($300,000.00) for injury to a single person, five hundred thousand dollars ($500,000.00) to a group of persons and one hundred thousand dollars ($100,000.00) property damage, all relating to a single occurrence, which shall be evidenced by a certificate of insurance filed with the city recorder. Said certificate shall name the city as additional insured;

C. Provide sufficient collection vehicles, containers, facilities, personnel and finances to provide all types of necessary collection service at a level set or approved by the council;

D. Respond to any complaint on service;

E. Make books and records relating to collection service in the city available for inspection or audit by a qualified person designated by the city council;

F. Dispose of collected solid waste at the site maintained by the franchisee or other disposal site authorized by the Oregon Department of Environmental Quality or resource recover such wastes;

G. Not terminate nor suspend service to all or a group of customers except for: nonpayment; failure to comply with state laws, rules or regulations or those established by the collector; blockage of access; or weather conditions that jeopardize the safety of the collection employees, collection equipment or the public.

(Ord. 6B-1984 § 6)

8.16.070 - Rate determination.

A. Rates for service shall be those contained in a resolution adopted for established rates. The franchisee may make reasonable charges for refuse collection service, which charges shall be subject to the approval of the city council. The rates proposed to be collected by a franchise applicant shall be specified in his application. The rates may be changed during the term of the franchise, if approved by resolution of the city council, but not otherwise. Said rates shall be on file at the recorder's office for public inspection.

In determining rates, the council shall give due consideration to current and projected revenue and expenses; actual and overhead expense; the cost of acquiring and replacement of equipment; the services of owner and management; the cost of providing the future, added or different service; a reasonable return to franchisee for providing service; volume of wastes; cost of disposal; and, such other factors as the council deems relevant. The council may consider rates charged by other persons performing the same or similar service in the same or similar areas.

B. The franchisee applying shall provide thirty (30) days' written notice of rate change with accompanying justification of proposed rate changes. Unless a governmental unit has raised the cost of providing service, or there has been a substantial increase in cost not covered in the preceding adjustment, rate adjustments may be made annually on the following schedule:

1. Application shall be filed by franchisee prior to May 1st.

2. Unless there is good cause shown and recorded in the minutes of the council, the council shall act upon any rate adjustment by June 30th, and the adjustment shall take effect on July 1st.

(Ord. 6B-1984 § 7)

8.16.080 - Compliance with franchise.

A. Written complaints on service or noncompliance with this chapter or lawful directives of the city or city council shall be forwarded to the franchisee.

B. The franchisee shall be given a reasonable opportunity to resolve the complaint or bring the service into compliance.

C. If there is continued noncompliance, the franchisee shall be given twenty (20) days' prior written notice and shall be required to appear at a public hearing before the city council. If the franchisee does not then provide the service to the satisfaction of the city council, the council may suspend, modify or revoke the franchise, terminate further renewals or not renew the franchise.

(Ord. 6B-1984 § 8)

8.16.090 - City enforcement.

The city shall enforce the provisions of this chapter by administrative, civil or criminal action or any combination necessary to obtain compliance with this chapter. The council shall take such legislative action as is necessary to support this chapter and the franchise. The franchisee may also enforce payment or protect its rights by appropriate civil action.

(Ord. 6B-1984 § 9)

8.16.100 - Violation—Penalty.

Violation by any person of the provisions of Section 8.16.040 of this chapter shall be deemed a misdemeanor and, upon conviction, shall be punished by a fine of not more than five hundred dollars ($500.00). Each day of violation is a separate offense; provided, however, that two or more such continuing offenses may be joined in the same action.

(Ord. 6B-1984 § 10)

Chapter 8.20 - WRECKED OR DISMANTLED MOTOR VEHICLES

8.20.005 - Definitions.

As used in this chapter:

"Dismantled motor vehicle" means any motor vehicle that is not in operating condition:

1. Due to missing or malfunctioning parts that prevent the motor vehicle from immediately operating;

2. Due to missing or malfunctioning parts such that the motor vehicle cannot be legally operated on a public highway.

"Exposed to view from without the property" means not entirely enclosed within a garage or other structure, or not stored behind a permanent fence that provides a complete visual screen from all public rights-of-way.

"Wrecked motor vehicle" means any motor vehicle that has been damaged by collision or otherwise damaged and is either not operable or not in a condition to be legally operated on a public highway.

(Ord. No. 173, § 2, 1-13-09)

8.20.010 - Storage—Exposure.

It is unlawful for any person owning or in possession or control of any property within the city of Elgin to keep, wreck, store, or allow to remain thereon, in such manner as to be exposed to view from without the property, any wrecked or dismantled motor vehicle, or any part or parts thereof; but this shall not be construed as preventing the exhibition for sale of automobiles in operating condition within areas zoned for such activity. For the purpose of this section, if an automobile is permitted to remain upon the premises for longer than ten (10) consecutive days without being removed therefrom, it shall be deemed to have been "stored" or "allowed to remain" thereon. After the expiration of such ten (10) day period, each day during which the vehicle or part thereof is stored or permitted to remain on the premises in violation of this chapter shall be punishable as separate offense.

In the R-1 or R-2 zone, any vehicle (as defined in Oregon Vehicle Code: 801.590) that is "stored" or "allowed to remain" on a property, not in violation of the preceding paragraph, shall be immediately movable. Such vehicle may not have tires removed or be stored on blocks, jacks or otherwise not able to be moved either under its own power or by pushing or towing. Such vehicle may not be confined or prevented from moving by obstructions that themselves cannot be immediately moved.

(Ord. 10-1981 § 1: Ord. 1-1974 § 1)

(Ord. No. 173, § 3, 1-13-09)

8.20.020 - Depositing on public or private property.

It is unlawful for any person to deposit a wrecked or dismantled automobile, or part thereof, or an automobile not licensed for operation, upon a public street or other public property or upon the private property of another without the consent of the owner or other person in control of such property. In any trial for violation of this section, the last registered owner of the vehicle according to the records of the Oregon State Department of Motor Vehicles shall be presumed to be the person who so deposited the automobile, but this presumption may be rebutted by evidence to the contrary.

(Ord. 10-1981 § 2: Ord. 1-1974 § 2)

8.20.030 - Violation—Penalty.

Violation of any provision of this chapter shall be punishable by a fine of not less than ten dollars ($10.00) nor more than three hundred dollars ($300.00).

(Ord. 10-1981 § 3: Ord. 1-1974 § 3)

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Editor's note— Ord. No. 162, § X, adopted March 13, 2007, repealed the former Chapter 8.12, §§ 8.12.010—8.12.050, and enacted a new Chapter 8.12 as set out herein. The former Chapter 8.12 pertained to similar subject matter and derived from Ord. No. 5-1991; Ord. No. 156, adopted November 11, 2005 and Ord. No. 157, adopted April 11, 2006.