ORDINANCE NO. 15-03

AN ORDINANCE PROHIBITING AND ENUMERATING THOSE NUISANCES THAT AFFECT THE PUBLIC HEATH AND SAFETY, PROVIDING A NUISANCE ABATEMENT PROCEDURE, AUTHORIZING USE OF THE CITY OF SODAVILLE ENFORCEMENT ORDINANCE TO ABATE NUISANCES AND TO ENFORCE THE PROVISIONS OF THIS ORDINANCE, AND TO REPEAL ORDINANCE NO. 11-02, AND ALL AMENDMENTS THERETO AND DECLARING AN EMERGENCY.

WHEREAS, the City Council of the City of Sodaville adopted Public Nuisance Ordinance No. 11-02 in the Year 2011; and

WHEREAS, The Public Nuisance Ordinance is intended to enumerate those nuisances that affect the public health and safety, to prevent conditions or practices that constitute a public nuisance, to provide for a nuisance abatement procedure, and to use the City of Sodaville Enforcement Ordinance as the basis for abatement of nuisances; and

WHEREAS, the Public Nuisance Ordinance was amended by Ordinance No. 15-03 on September 17, 2015; and

WHEREAS, the Sodaville City Council held a public hearing on September 17, 2015 to consider the readoption of the City of Sodaville Public Nuisance Ordinance No. 11-02, as amended by Ordinance No. 15-03 in order to clarify the organization of the Ordinance and to incorporate the recently adopted amendment into the ordinance; and

WHEREAS, the City of Sodaville Public Nuisance Ordinance shall be numbered as Ordinance No. 15-03;

THE CITY OF SODAVILLE ORDAINS AS FOLLOWS:

Section 1. Title.

This Ordinance shall be known as the City of Sodaville Public Nuisance Ordinance.

Section 2. Purpose.

This Ordinance is intended to enumerate those public nuisances that affect public health and safety, to prevent conditions or practices that could constitute a public nuisance, to provide for a nuisance abatement procedure to be used by the city of Sodaville, and to provide for the use of City of Sodaville Enforcement Ordinance, No. 98-5 as the basis for abatement of nuisances. It is the City's position that complainant information received in written form is not public information and is exempt from public records disclosure under ORS 192.502(4).

Section 3. Definitions.

1. “Abandoned Vehicle” A motor vehicle that has been left on a street for a period of more than 24 hours or on a specific parcel of public or private property for more than 30 days.

2. “Inoperable Vehicle” A unit designed and built to transport people or objects from one place to another which:

(A) Has been left on private property for more than 30 days; and

(B) Has broken or missing window(s), or an engine that will not run, or lacks a transmission, or is missing tire(s) or wheel(s); or

(C) Is unlicensed for the current year; constitutes a presumption that the vehicle is inoperable.

3. “Junk” means any object or material, which is manufactured or man-made, which has been abandoned or discarded, or which is inoperable. Junk includes, but is not limited to, one of the following classifications:

a. Inoperable household appliances such as washers, dryers, refrigerators, dishwashers, water heaters, stoves, and similar items.

b. Used household furniture such as sofas, beds, chairs, tables, mattresses and similar items.

c. Used machinery or motor vehicles parts, including, but not limited to, motors, tires, wheels, chassis or similar items.

d. Used building materials such as lumber, stone brick, plywood, wire, plumbing fixtures, lighting fixtures, heating fixtures, and similar items.

e. Discarded, useless or abandoned vehicles or recreation equipment.

4. “Motor vehicle” means a unit designed and built to transport people or objects from one place to another including but not limited to flatbed trailers, and recreational vehicles.

5. “Noxious vegetation” includes:

a. Weeds more than 10 inches high.

b. Grass more than 10 inches high, unless it constitutes an agricultural crop.

c. Poison oak.

d. Poison ivy.

e. Blackberry bushes that extend into a public street right of way.

f. Scotch broom.

g. Vegetation that is a fire hazard

6. “Persons” means a natural person, his or her heirs, executors, administrators or assigns; a firm, partnership, association, domestic or foreign corporation, its heirs, successors, or assigns; a trust, estate, receiver, syndicate, or any group or combination acting as a unit, or the authorized agent of any of the aforementioned.

7. “Person in charge of property” means an agent, occupant, lessee, contract purchaser, or person other than the owner having possession or control of the property.

8. “Person responsible” means:

a. The person in charge of property on which a public nuisance exists; or

b. The person who causes a public nuisance to come into, or continue to be, in existence.

9. “Public nuisance” means a condition or practice which is offensive, unsightly, obnoxious, or annoying, or which is hazardous to the public health or safety.

10. “Solid waste” means all putrescible and non-putrescible wastes, whether in solid or in liquid form, including, but not limited to: garbage, rubbish, ashes, sewage sludge, street refuse, industrial wastes, swill, demolition and construction wastes, manure, vegetable or animal solid or semi-solid wastes, dead animals, and other discarded solid materials.

11. “Store” or “storage” means to keep, accumulate, or allow to remain, on any property, any vehicle, junk, solid waste, or other object or material subject to regulation by this Ordinance.

12. “Vehicle” means any device in, upon, or by which any person or property is or may be transported, or drawn upon a street, and includes vehicles that are propelled or powered by any means, but does not include a device propelled by human power.

13. “View-obstructing fence or wall” means a structure that is used, or is intended to be used, to obscure from view a public nuisance in a manner that abates the public nuisance.

14. “View-obstructing vegetative screen” means plants that are used, or are intended to be used, to obscure from view a public nuisance in a manner that abates the public nuisance.

Section 4. Prohibition Against Nuisances.

No person, property owner, or person in charge of property may create, permit or cause to be created a public nuisance affecting public health or safety as enumerated in Section 5 of this Ordinance.

Section 5. Nuisances Affecting Public Health and Safety.

1) Unnecessary Noises.

No person shall create, assist in creating, permit, continue, or permit the continuance of any unreasonably loud, disturbing, or unnecessary noise in the City of Sodaville, and particularly between the hours of 9 p.m. and 6 a.m. Following are examples of unnecessary noise, which are classified as public nuisances.

a) The use of any automobile, motorcycle, bus, truck or other vehicle, any engine or other stationary or moving instrument or device, which is so operated as to create loud or unnecessary noises, so as to disturb persons in the vicinity thereof.

b) The erection, excavation, demolition, or repair of any building, other than between the hours of 6 a.m. and 9 p.m.

c) The operation of any gasoline or other engine without a muffler.

d) The use or operation of any automatic, electronic, or electric loud-speaker or other sound amplifying device so loudly as to disturb persons in the vicinity thereof, unless the person involved has been granted special permission by the Sodaville City Council to operate the equipment.

2) Junk.

The accumulation, collection, or storage of junk on a specified parcel or parcels of real property within the City of Sodaville or on any portion of the right of way of any street within the City of Sodaville when all or any portion of the junk is visible from any property that is within 200 feet of the property where the junk is located.

3) Storing Inoperable Motor Vehicles.

Storing or permitting the storing of no more than 4 inoperable vehicles upon a specific parcel or parcels of real property within the City of Sodaville.

4) Parking of Inoperable Vehicles or Equipment.

The parking of inoperable vehicles, machinery, or equipment, or similar objects on the right of way of any street within the City of Sodaville for a period of over 24 hours.

5) Dumping of Junk or Solid Waste.

The dumping of junk or solid waste on any public or private property within the City of Sodaville.

6) Abandoned Refrigerator or Similar Container.

An abandoned, unattended, or discarded ice box, refrigerator, or similar container accessible to children which has an airtight door with a snap or lock or other mechanism which may not be released for opening from the inside shall not be permitted on any property within the City of Sodaville.

7) Structures, Machinery, or Equipment without Barriers Preventing Access by Children.

No structure, machinery, equipment or other device within the City of Sodaville shall remain unguarded or accessible to children unless there is a safeguard or barrier to prevent access by children.

8) Open Pit or Well Without Barriers Preventing Access by Children.

A well, cistern, or similar excavation shall not be permitted within the City of Sodaville unless there are adequate safeguards or barriers, such as yellow caution tape or fencing, to prevent such places from being used by children.

9) Excavation or Filling over City Water Lines.

Excavation or filling activity directly over water lines owned and operated by the City of Sodaville without written permission from the City of Sodaville.

10) Grass, weeds, brush, or noxious vegetation.

a) The term noxious vegetation does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard or a fire hazard or traffic hazard within the meaning of subsection (b).

b) The term noxious vegetation does include at any time of the year:

(i) Weeds more than 10 inches high;

(ii) Grass more than 10 inches high and not within the exception stated in

subsection (a) of this section;

(iii) Poison ivy / poison oak;

(iv) Blackberry bushes, or any other berry, wild or planted and maintained, that extend into a public thoroughfare or across aproperty line;

(v) Scotch broom and other various vegetation;

(vi) Vegetation that is:

(a) A health hazard;

(b) A fire hazard because it is near other combustibles;

(c) A traffic hazard because it impairs the view of a public thoroughfare or otherwise makes the thoroughfare hazardous.

c) No owner or person in charge of property shall allow noxious vegetation to be on the property or in the right-of-way of a public thoroughfare abutting the property. An owner or person in charge of property shall cut down or destroy grass, shrubbery, brush, weeds or other noxious vegetation as often as needed to prevent them from becoming unsightly, from becoming a fire hazard, or in the case of weeds or other noxious vegetation, from maturing or going to seed.

d) The City Administrator may cause to be published in the January and February Spring Newsletters which is also posted on the City’s website, the text in subsection (c) as a notice to all owners or persons in charge of property of the duty to keep their property free from noxious vegetation. The notice shall state the city is willing to remove the nuisance of a particular parcel of property at the request of the owner or person in charge of the property for a fee sufficient to cover the city’s abatement costs. The notice shall also state that even in the absence of such requests the city may abate all such nuisances 10 more days after the final publication of the notice and charge the cost of doing so on a particular parcel of property to the owner or person in charge of the property itself. Prior to the city abating the nuisance, a letter shall be sent to the owner or person in charge of the property. This letter shall be deemed sufficient notice for this violation and any reoccurring violations in each calendar year.

11) Trees and bushes.

No owner or person in charge of property shall allow a dead or decaying tree to stand if it posses a potential hazard to public property or to persons on public property. No owner or person in charge of property that abuts upon a public roadway shall permit trees or bushes on their property to interfere with street traffic. It shall be the duty of an owner or person in charge of property that abuts upon a public street to keep all trees and bushes on the premises trimmed to a height of not less than 13.5 feet above the roadway, so that the limbs of any shrub or tree projecting into or extending over the roadway shall not interfere with the use of the roadway, or obstruct a driver’s view of an intersection or traffic upon streets approaching an intersection. Hedges and other shrubbery shall not overhang the roadway area.

12) Exception to sections 5.10 and 5.11.

Nothing in Sections 5.10 and 5.11 shall be construed to prohibit lawns containing grass of less than 10 inches in height; bushes, trees and other shrubbery grown or maintained for ornamental purposes; the growth or maintenance of any vegetation intended as natural bird or wildlife habitat; or the growth or maintenance of any vegetation designed or intended as an agricultural crop or for food and fuel purposes, so long as the provisions of Sections 5.10 and 5.11 are met.

13) Damaged Buildings and Other Structures.

An owner or person in charge of property shall remove all buildings, walls, and other structures that have been damaged by fire, decay, or other cause so that the structure would have to be replaced in order to make it habitable or structurally sound, or that are so situated as to endanger the safety of the public.

14) Fences

(1) No owner or person in charge of property shall construct or maintain a barbed wire fence, or permit barbed wire to remain as part of a fence, along a sidewalk or public way.

(2) 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.

(3) No owner or person in charge of property shall construct or maintain a fence that will do bodily harm such as broken glass, spikes, razor wire or other hazardous or dangerous materials.

15) Water Boxes.

It is the responsibility of the customer to keep the water box (meter box) servicing his or her account accessible and free of debris inside and out. A 3 foot diameter clearance from the box that is at least 6 feet high is required.* If a box is found to be neglected and needs attention, the City of Sodaville and/or the Nuisance Officer, will contact the customer regarding the issue. This may be, but is not limited to, a note on the water billing describing the problems. If within 30 days, the issue is not resolved, and the customer has not contacted the Water Utility or the Nuisance Officer to make arrangements to have the problems corrected the City of Sodaville and/or the Nuisance Officer has the authority to correct such problems and pass the actual costs onto the customer.

(16) Public Nuisance – Unlawful Activities

(1) It is a public nuisance for any person in charge of property to permit or any person to cause to exist any place or business where patrons, employees, residents, or occupants engage in a pattern of behavior in the neighborhood involving the commission of three or more of the following offenses:

(a) Loitering to solicit prostitution;

(b) Unlawful prostitution procurement activities;

(c) Unreasonable noise;

(d) Assault, ORS 163.160, 163.165, 163.175 or 163.185;

(e) Sexual abuse, ORS 163.415, 163.425 or 163.427;

(f) Public indecency, ORS 163.465;

(g) Criminal trespass, ORS 164.245 or 164.255;

(h) Criminal mischief, ORS 164.345, 164.354 or 164.365;

(i) Disorderly conduct, ORS 166.025;

(j) Harassment, ORS 166.065;

(k) Minor in possession of alcohol, ORS 471.430;

(l) Unlawful manufacture, delivery, or possession of a controlled substance, ORS 475.992;

(m) Public urination/defecation; or

(n) No person shall lodge in a car, outbuilding, or other place not intended for that purpose without permission of the owner or person entitled to the possession thereof. In addition, there will be no overnight camping or tenting on public property without prior approval of the City Council.

(2) For purposes of this section, pattern of behavior in the neighborhood means one or more patrons, employees, residents, or occupants of the place or business having been arrested or issued a citation for violation of three or more of any of the offenses specified in subsection (1) that occur over any six-month period at the place or business or within 300 feet thereof.

(3) It is unlawful for any place or business to be a public nuisance or to be used as a public nuisance. If any place or business is found to be a public nuisance or to be used as such, it shall be subject to closure for a period of up to one year. Public nuisance closure will be subject to the enforcement procedures in Section 6 through Section 10.

(4) The acts, conditions or objects specifically enumerated and defined in Section 2 to Section 6 are declared public nuisances and will be subject to the enforcement procedures in Section 6 through Section 10.

(5) In addition to the nuisances specifically enumerated in this ordinance, every other thing, substance or act that is determined to be injurious or detrimental to the public health, safety or welfare of the city is declared a nuisance and will be subject to the enforcement procedures in Section 6 through Section 10.

(17) Fowl, Farm Animals, Dogs

Enforcement authority. Officers of the Linn County Animal Control authority and the City of Sodaville Code Enforcement Officer, appointed by the City, are empowered to enforce the provisions of this chapter.

1. Keeping fowl in the City.

(a) Scope of section. For the purposes of this section, the term fowl shall mean the following types of fowl: chickens, turkeys, ducks, geese and guinea fowl.

(b) Running at large. Fowl running at large within the City are hereby declared to be nuisances. No fowl shall be allowed to run at large or upon the property of a person not the owner without the permission of the property owner or occupant.

(c) Manner of keeping.

a. No person shall be allowed to keep any fowl unless the fowl are in a securely fenced area and confined to the premises of the owner.

b. A coop shall be provided to house the fowl when outside. A coop shall comply with the side, front and rear yard setback requirements.

c. All coops and fenced areas where fowl are kept shall be kept clean and free from any offensive odors.

(d) Prohibited locations. It shall be unlawful for any person to keep or maintain any coop in any residential zoning district within 50 feet of any residence except the residence of the owner, without the written consent of the owner or occupant of such residence.

(e) Noisy fowl. Crowing roosters or other noisy fowl which violate the noise ordinance (currently section 5 - 1) are hereby declared to be nuisances. The owner or possessor of the property on which the fowl are located are responsible for the noise created by the fowl. If the property owner or possessor has been convicted of a noise violation related to the fowl, the fowl shall be removed from the property.

(f) Public property. Fowl shall not be released within the City or onto City property.

2. Farm Animals.

(a) As used in this section, farm animal shall apply to goats, sheep, horses, donkeys, mules, hinnies and cattle unless there is a specific exception provided in this article.

(b) Location restrictions. It shall be unlawful for any person to keep or maintain any farm animals in any zoning district, without meeting the following minimum requirements.

(1) At least one acre for each horse, mule, donkey, hinny or cow.

(2) At least one half acre for sheep, or goats.

(3) All farm animals shall be kept in a securely fenced area.

(c) Cleanliness. All manure shall be picked up and kept in a bin or receptacle that will exclude flies and odors. The bin shall be located at a point furthest from any dwelling or other structure owned or occupied by other persons.

(d) It is unlawful for any farm animal owner or person in charge of a farm animal to allow the area in which the farm animal is kept or allowed to roam to become the source of odors which are detectable on adjoining properties where such odors are the result of the farm animal being kept or allowed to roam on the subject property.

(e) Keeping live hogs, pot-bellied pigs, and swine prohibited.

(1) It is unlawful and a public nuisance for any person to keep any live hog or other swine within the city limits.

3. DOGS

Running at large, upon premises of another.

(a) Prohibited. No dog shall be allowed to run at large or upon the premises of one other than the owner without the permission of the property owner or occupant.

(b) Limitation on prohibition. Nothing in subsection (a) of this section shall be construed to prevent the walking of a dog under leash control in areas open to the public or to prevent dogs running loose within fenced areas on the premises of the owner.

(c) Dogs in parks. Any dog in a City park shall be restricted by leash under the control of the owner or agent; such leash shall not exceed the length of six feet. Nothing in this subsection shall prevent dogs from running at large in parks, or portions thereof, which are fenced and designated as dog parks. Nothing in this subsection shall prevent dogs from being unleashed in parks, or portions thereof, which have been exempted from this requirement by resolution of the City Council for an event of limited duration provided that the council finds that the dogs will be under voice control of the owners or their agents and the dogs will be confined to an enclosed or limited area.

Removal of dog excreta from certain public and private property.

(a)Every dog owner or person in charge of a dog shall be responsible for retrieving and disposing of, in a sanitary manner, all excrement from any dog under the person's temporary or permanent custody or control.

(b)Every dog owner or person in charge of a dog who shall have actual knowledge or reasonable cause to believe that a dog who is under their custody or control has defecated on public or private property shall immediately retrieve all such excrement and dispose of such excrement in a sanitary fashion.

(c) This section shall not apply to a dog that defecates on its owner's private property or on the private property of the person having temporary or permanent custody or control of the dog; however, no dog owner or person having custody or control of a dog shall allow dog excrement to accumulate on their private property in a manner that creates a health hazard or public nuisance (e.g. excrement causes continuous off-site odor offensive to a person of reasonable sensibilities or attracts a large number of flies or other insects or pests). This section shall not apply to a person using a guide or service dog.

Dogs constituting a nuisance.

(a) It shall be unlawful for any person to own or keep any dog that becomes a nuisance. Acts of nuisance shall include, but are not restricted to, the following:

(1) Excessive barking between the hours of 11:00 p.m. and 6:00 a.m. or frequent barking for continuous periods of ten minutes or more at any time, or both.

(2) Vicious acts. As used in this subsection, the term "vicious" means posing a physical threat to other animals or to human beings.

(3) Frequent digging into, breaking or otherwise injuring shrubbery, trees or lawns on property other than the owner of the dog.

Section 6. Declaration of Public Nuisances.

The acts, conditions, or objects specifically enumerated and defined in Section 5 are hereby declared to be public nuisances and such acts, conditions, or objects may be abated by the procedures set forth in Section 7 or Section 8.

Section 7. Plan Review - View Obstructing Fence, Wall, or Vegetative Screen.

If, in the discretion of the Enforcement Officer for this Ordinance, the public nuisance is of a nature and scope that screening it by a view-obscuring fence, wall, or vegetative screen would be possible and appropriate, the Enforcement Officer may approve an application submitted under this section. Before taking final action, the plan shall be submitted to and approved by the Sodaville City Council.

1) Plan review of the proposed view-obscuring fence, wall or vegetative screen by the Enforcement Officer and by the Sodaville City Council is required if abatement of public nuisance by the view-obscuring device is required. The plan shall include at least the location of the view-obscuring device, the composition or type of material used, and a time schedule indicating when the public nuisance will be eliminated or abated.

2) The plan shall be approved or denied by the Enforcement Officer and by the Sodaville City Council within thirty (30) days of the original submission.

3) The filing of a plan or the failure to file a plan will not affect nor will it act in any manner to bar any enforcement proceedings or actions that the City may take against the person creating or maintaining a public nuisance.

Section 8. Abatement Notice and Action.

1) Upon determination by the Enforcement Officer that a nuisance as defined herein exists, the Enforcement Officer shall cause a notice to be delivered to the owner or person in charge of the property or posted on the premises where the nuisance exists, directing the owner or person in charge of the property to abate such nuisance.

2) If the notice is delivered to someone other than the owner or posted on the property, the Enforcement Officer shall cause a copy of such notice to be forwarded by certified mail, postage prepaid, to the owner of the property at the last known address of such owner as shown on the County tax records.

3) The notice to abate shall contain:

a) A description of the real property, by street address or otherwise, on which such nuisance exists.

b) A direction to abate the nuisance within a time period of not less than five (5) days nor more than 10 days from the date of the notice. If the direction to abate pertains to the removal of trees and/or bushes, the abatement notice shall be for a time period of not less than 15 days nor more than 60 days. The time period shall be at the discretion of the Enforcement Officer based on the nature and seriousness of the nuisance and the difficulty in bringing the property into compliance.

c) A description of the nuisance.

d) A statement that unless such nuisance is removed, the City may abate the nuisance and the cost of abatement shall be a lien against the property.

e) A statement that the owner or other person in charge of the property may protest the declaration of the nuisance by requesting a hearing in writing to the Enforcement Officer within five (5) days from the date of notice and stating reasons for the protest. If the owner or other person in charge of the property requests a hearing before the nuisance is abated by the City, abatement shall not occur until a hearing is set and held in accordance with Section 8.6 of this Ordinance.

4) The use of a name other than that of the owner or other person or the mailing or delivery of notice to the wrong person or address or a failure in the delivery of notice shall not make the notice void and in such a case the posted notice shall be sufficient.

5) Within five (5) days after the delivery or posting and mailing of the notice, the owner or person in charge of the property shall remove the nuisance or request a hearing in writing to the Enforcement Officer. If a hearing is requested, it shall be held in accordance with Section 8.6 of this Ordinance.

6) Hearing.

a) Upon request of the owner or the person in charge of the property, a hearing shall be held before the Sodaville City Council. The hearing shall be set and conducted within 14 days of receipt of the request. The hearing can be set for a later date if the owner so requests. At the hearing the owner may contest the validity of the action of the Enforcement Officer in declaring the nuisance.

b) If the City Council finds that:

1. The action of the Enforcement Officer in declaring the nuisance was invalid, the City Council shall invalidate the notice declaring the nuisance.

2. The action of the Enforcement Officer in declaring the nuisance was valid, the City Council shall reaffirm the declaration of the nuisance and direct the owner or person in charge of the property to abate the nuisance within 30 days of the date of the City Council’s decision.

c) The action of the City Council at the conclusion of the public hearing is final.

d) If the owner or person in charge of the property does not appear at the scheduled hearing, the City Council may enter an order supporting the declaration of the nuisance.

7) Special Abatement Procedures Involving Removal of Grass, Weeds, Brush, Other Noxious Vegetation, Trees, or Bushes, or the Trimming of Trees or Bushes.

a) After the time period for abatement of the nuisance by the owner or person in charge of property has passed, the Enforcement Officer may cause to have the nuisance abated. This would involve the cutting of the weeds, grass or other vegetation, the removal of trees or tree limbs, or the removal of all or parts of shrubs. The cost of the removal shall be calculated through use of the prevailing hourly rate for such work, plus a ten per cent (10%) administrative charge. The owner of the property shall be given notice of the charge immediately following removal of the vegetation or limbs. Failure to pay the charge within 30 days will become a lien against the property and may be assessed accordingly

b) In the event that it becomes necessary for the City to undertake cutting and removal of grass, weeds, shrubs, bushes, trees, tree limbs, or other vegetation from the property within the City, the person designated by the Enforcement Officer shall have the right at reasonable times to enter into or upon the property to cut or remove the vegetation.

c) Upon the completion of the cutting and clearing of any vegetation from any property under the provisions of this Section, and in the event that the fee is not paid, the Enforcement Officer shall present to the City Council an itemized statement of the costs incurred as herein specified. The City Council shall then determine if the statement of costs is reasonable and adjust them if necessary. Thereupon, the amount of the statement as approved by the City Council shall be an obligation owed to the City by the owner of the real property involved. The City shall place a lien upon the real property for such sum. The lien shall be entered in the lien docket and enforced against the property in the manner provided for the enforcement of City liens.

8) If within the time allowed the owner or person in charge of the property has not abated the nuisance, the Enforcement Officer shall commence proceedings before the Linn County Justice Court or Linn County Circuit Court in accordance with the provisions of the Sodaville Enforcement Ordinance, No. 98-5.

Section 9. Enforcement and Penalty.

A violation of this ordinance shall be enforced pursuant to the City of Sodaville Enforcement Ordinance No. 98-5. A violation of a provision of this Ordinance is punishable by a fine not to exceed $500.00. The abatement of a nuisance is not a penalty for violating this ordinance, 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 10 days of the date of a notice to abate, or if a written protest has been filed, then abatement within 10 days of council determination that a nuisance exists, will relieve the person responsible from the imposition of a penalty under this section. The City Administrator, or the Council, if referred to them, may at any time, whether before or after the issuance of one or more infraction complaints or notices to abate, extend the abatement of a nuisance to more than 10 days.

Section 10. Severability.

The provisions of this Ordinance are hereby declared to be severable. If any section, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance.

Section 11. Repeal.

With the adoption of Ordinance No. 15-03, Ordinance No. 11-02, and all amendments thereto, are hereby repealed.

Section 12. Emergency.

It is hereby declared that conditions in the City of Sodaville are such that this Ordinance is necessary for the immediate preservation of the peace, health, safety and general welfare of the City and the residents thereof, and an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage by the City Council and signing by the Mayor.

Amendment adopted by Resolution 22-02 on April 21, 2022.