8.16.250 Chronic Nuisance Abatement Procedure.
A chronic nuisance as defined in Section 8.16.210 shall be abated as provided in this section. Prior to the filing of an action to abate a chronic nuisance property, the Manager or Sheriff shall provide an opportunity to the property owner, occupant, and/or property management company as defined in Section 8.16.150 to abate the chronic nuisance property voluntarily by the following procedures:
A. The Manager, Sheriff, or their designee may notify the property owner, occupant, and/or property management company in writing that the property is in danger of becoming chronic nuisance property. The notice shall contain:
1. The street address or a legal description sufficient for identification of the property;
2. A statement that the property may be a chronic nuisance property, with a concise description of the nuisance activities that exist or have occurred;
3. A demand that the property owner, occupant, and/or property management company respond to the Manager, Sheriff, or their designee within ten (10) calendar days to discuss the nuisance activities. The Manager, Sheriff, or their designee shall offer the property owner, occupant, and/or property management company an opportunity to propose a course of action that will abate the chronic nuisance activities giving rise to the violation.
B. After the notification procedure in Subsection 8.16.250(A) has been completed, if the Manager, Sheriff, or their designee receives a report documenting an additional nuisance activity on or within 300 feet of a property and determines that the property has become a chronic nuisance property, the Manager, Sheriff, or their designee shall notify the property owner, occupant, or property management company in writing that the property has been determined to be a chronic nuisance property.
1. The notice of chronic nuisance shall contain:
a. The street address or a legal description sufficient for identification of the property; for a property consisting of more than one unit, such as a duplex or apartment complex, one or more units may be specifically designated as chronic nuisance properties;
b. A statement that the Manager, Sheriff, or their designee has determined the property to be chronic nuisance property, with a concise description of the nuisance activities leading to the finding;
c. A demand that the property owner, occupant, and/or property management company respond to the Manager, Sheriff, or their designee within ten (10) calendar days and propose a course of action that the Manager, Sheriff, or their designee agrees will abate the chronic nuisance activities giving rise to the violation; and
d. The disposition of any personal property that is abated under the notice, which shall be determined at the discretion of the City.
2. Service of the notice shall be made either personally or by regular mail, addressed to the property owner, occupant, and/or property management company at such place where the notice is likely to be received. A copy of the notice shall be served on the owner of the property at the address shown on the tax rolls of Multnomah County, and/or on the occupant at the address of the property, if these persons are different than the property owner, occupant, and/or property management company.
3. If the property owner, occupant, and/or property management company does not contact the Manager, Sheriff, or their designee within ten (10) calendar days of service or mailing of the notice, a copy of the notice shall be posted at the property.
C. If the property owner, occupant, and/or property management company responds as required by Subsection 8.16.250(B)(3) and stipulates with the Manager, Sheriff, or their designee that the property owner, occupant, and/or property management company will pursue a course of action that the parties agree will abate the nuisance activities giving rise to the violation, the Manager, Sheriff, or their designee may postpone referring the matter to the City Attorney. If the agreed course of action does not result in the abatement of the nuisance activity or if no agreement is reached within sixty (60) calendar days, the Manager, Sheriff, or their designee, after independently reviewing the evidence, may refer the matter to the City Attorney for consideration and presentation to the City Council.
D. When a property owner, occupant, and/or property management company responds to the Manager, Sheriff, or their designee as required by Subsections 8.16.250(A) or (B)(3), statements made in connection with that response shall not constitute an admission of any nuisance activities, but exclusion of any evidence is not required that is otherwise admissible or offered for any other purpose. (Ord. 9-2009, 2009.)