§ 14-131. Definitions; declaration of nuisances.

(a)

Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Noxious vegetation means:

(1)

Poison oak;

(2)

Poison ivy;

(3)

Blackberry bushes that extend into public property or across a property line;

(4)

Vegetation that is:

a.

A health hazard;

b.

A fire hazard;

c.

A traffic hazard because it impairs the view of a public thoroughfare, traffic control device or otherwise makes use of the thoroughfare hazardous;

(5)

Weeds or grass more than ten inches high;

(6)

Weeds or grass going to seed;

(7)

Noxious vegetation does not include an agricultural crop grown on property zoned for agricultural purposes, unless that crop is a health, traffic or fire hazard.

(b)

Declaration. Noxious vegetation is declared to be a nuisance.

(c)

Owner responsibility. No owner or person in charge of property may allow noxious vegetation on property that the person owns or of which the person is in charge or on the beauty strip or sidewalk area abutting the property. It is the duty of an owner or person in charge of property to abate noxious vegetation.

(d)

Notice to abate.

(1)

Notice. Upon determination by the City Manager that noxious vegetation exists on any property, the City Manager shall cause a notice to be mailed to the owner or the person in charge of the property.

(2)

Content. The notice to abate shall contain:

a.

A statement that noxious vegetation exists on the property;

b.

A description of the real property, by street address or otherwise, on which the noxious vegetation exists;

c.

A direction to abate the noxious vegetation within seven days from the date of the notice;

d.

A statement that unless the vegetation is removed within seven days from the date of the letter the city will abate the nuisance and will charge the costs of abatement to the property owner;

e.

A statement that the owner or person in charge of the property may protest the abatement by giving notice to the City Manager within five days from the date of the notice.

(3)

Error in name or address will not void notice. An error in the name or address of the owner or person in charge of the property shall not make the notice void if the error was caused by the owner or person in charge of the property failing to notify the city of their correct name and address.

(4)

Abatement by the owner.

a.

Within seven days from the date of the notice of abatement the owner or person in charge of the property shall remove the noxious vegetation or show that no nuisance exists.

b.

An owner or person in charge of property protesting that no noxious vegetation in fact exists on the property shall file with the City Manager a written statement which shall specify the basis for so protesting. Based upon a physical inspection of the property the City Manager shall make a written determination of whether or not the noxious vegetation exists. Should the City Manager determine that a nuisance does exist, the owner or person in charge of the property may either abate the nuisance within five days after the date of the City Manager's decision or may appeal the decision to the City Council by filing a written notice of appeal with the City Manager within five days from the date of the decision. If the Council determines that noxious vegetation does in fact exist, the owner or person in charge of the property shall, within five days after the Council determination, abate the noxious vegetation.

(5)

Abatement by the city.

a.

If the noxious vegetation has not been removed within the time required, the City Manager shall cause the vegetation to be removed. After obtaining an administrative warrant, the officer charged with abatement shall have the right to enter into or investigate or cause the removal of the noxious vegetation.

b.

The cost of abatement shall be charged at the actual costs incurred by the city, including but not limited to costs of removal of the noxious vegetation, administrative costs and certified or registered letter mailing costs.

(6)

Assessment of costs. The City Manager, by registered or certified mail shall forward to the owner or person in charge of the property a notice stating the total amount of the cost of abatement. If the costs of the abatement are not paid by the owner or person in charge of the property within 30 days from the date of the notice of costs, the city may take whatever lawful means available to collect the costs.

(e)

Violation. The offense described in this section is an Independence Municipal Code Class B violation, per section 1-22.

(Prior Code, § 41.440; Code 2006, § 8.4.11; Ord. No. 1283, § 1, 1993)

State law reference

Noxious weeds, ORS 569.175 et seq.; weed control, ORS 569.350 et seq.