§ 18-83. Definitions.

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

Chief of Police means the Chief of Independence Police Department or his designee.

Chronic nuisance property means real property upon which three or more nuisance activities have resulted in the issuance of citations or arrests by police officers to any person associated with the property, including any owner, tenant, occupant, guest, patron, or employee during any consecutive 100-day period. Every subsequent nuisance activity within 120 days from an order finding the property to be a chronic nuisance, excluding any time during which the property is closed, shall be considered an independent violation of this article. The issuance of citations shall constitute a prima facie case that the nuisance activities have occurred, subject to the responsible person having the right to contest whether the nuisance activities actually occurred in the subsequent abatement action.

Innocent tenant means a tenant, as defined in this section, which has a valid defense pursuant to section 18-88.

Nuisance activities means any commission, solicitation to commit, attempt to commit (as defined by ORS 161.405), or conspiracy to commit (as defined by ORS 161.455), the following activities, behaviors, or criminal conduct:

(1)

Abandoned auto as provided in this Code;

(2)

Accumulation of objects as provided in this Code;

(3)

Alcoholic liquor violations as provided in ORS 471.105 through 471.482;

(4)

Animal abuse or neglect as provided ORS 167.315 through 167.330; or cruelty to animals as provided in this Code;

(5)

Animal or dog fighting as provided in ORS 167.355 or 167.330;

(6)

Arson or related offences as provided in ORS 164.315 through 164.335;

(7)

Assault as provided in ORS 163.160 through 163.185, or this Code;

(8)

Burglary and related offenses as provided in ORS 164.215 through 164.235 or this Code;

(9)

Consumption and open containers prohibited as provided in this Code;

(10)

Criminal mischief as provided in ORS 164.345 through 164.365 or this Code;

(11)

Criminal trespass as provided in ORS 164.243 through 164.265 or this Code;

(12)

Discharging a weapon as provided in ORS 166.220 or this Code;

(13)

Disorderly conduct as provided in ORS 166.025 or this Code;

(14)

Forgery, fraud, identity theft and related offenses as provided in ORS 165.007 through 165.845 or this Code;

(15)

Harassment as provided in ORS 166.065 or this Code;

(16)

Illegal gambling as provided in ORS 167.117, and/or 167.122 through 167.127;

(17)

Intimidation as provided in ORS 166.155 through 166.165;

(18)

Menacing as provided in ORS 163.190 or this Code;

(19)

Prohibited exposure as provided in this Code;

(20)

Prostitution or related offenses as provided in ORS 167.007, 167.012, and 167.017;

(21)

Public indecency as provided in ORS 163.465 or this Code;

(22)

Rape as provided in ORS 163.375;

(23)

Runaway and harboring a runaway as provided in ORS 419B.150 or this Code;

(24)

Sex abuse, contributing to the delinquency of a minor, or sexual misconduct as provided in ORS 163.415 through 163.445;

(25)

Theft as provided in ORS 164.015 through 164.162 or this Code;

(26)

Unlawful entry into a motor vehicle as provided in ORS 164.272 or this Code;

(27)

Unlawful possession of a firearm and related charges as provided in ORS 166.180 through 166.638 or this Code;

(28)

Unlawful manufacture, delivery, or possession of a controlled substance or related offenses as provided in ORS 167.203, 475.005 through 475.285, and/or 475.940 through 475.995;

(29)

Unnecessary noise as provided in this Code.

Owner means the person or persons holding or claiming legal or equitable title or interest in the property.

Permit means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to an act, or failure to act.

Person means any natural person, association, partnership, corporation, or other form of legal entity or entity in fact capable of owning or using property.

Property means any real property including land and that which is affixed, incidental or appurtenant to land, including but not limited to any structures and any motor vehicles, recreational vehicles, mobile homes, or travel trailers, located thereon whether permanent or not.

Responsible party includes the following:

(1)

Any owner of the property, or the owner's manager, agent, or other person in control of the property on behalf of the owner; or

(2)

Any other person having or claiming possession of all or any part of the property, including any bailee, lessee, or tenant who participates in the nuisance activity.

Tenant means a residential tenant as defined by the Oregon Residential Landlord and Tenant Act, and any other person holding or claiming the real property under the terms of a lease.

(Code 2006, § 9.13.1; Ord. No. 1464, 2008)