§ 8.04.060. Public health nuisances.

No person may permit or cause a nuisance affecting public health on property owned or controlled by them. The following are examples of nuisances affecting the public health and may be abated as provided in this chapter:

(A)

Privies. An open vault or privy constructed and maintained within the City, except those constructed or maintained in connection with construction projects in accordance with the Oregon State Department of Environmental Quality regulations.

(B)

Debris on private property. Accumulations of debris, rubbish, manure and other refuse located on private property that are not removed within a reasonable time and that affect or may affect the health, safety or welfare of the City.

(C)

Stagnant water. Stagnant water that may provide a breeding place for mosquitoes and other insect pests, including but not limited to cesspools.

(D)

Water pollution. Pollution of a well, spring, stream, drainage ditch or other flow or body of water by sewage, industrial waste or other substances placed in or near such water in a manner that will cause harmful material to pollute the water.

(E)

Food. Decayed or unwholesome food offered for human consumption.

(F)

Odor. Premises in such a state or condition as to cause an offensive odor or that are in an unsanitary condition.

(G)

Dumpsters and tallow boxes. Any dumpster or tallow box within public view shall be appropriately screened to comply with HARC (Historical and Architectural Review Commission) design guidelines. All restaurant dumpsters must be located on an impervious surface. Impervious surfaces may also be required for other businesses based on presenting immediate risk to health and/or safety. Dumpsters used for food refuse may also be required to have a shade roof to help limit offensive odor. Under certain conditions, a business may be required to bag its refuse. Temporary dumpsters, such as those used for new construction or remodeling, if in public view for two or more weeks, may need to be situated to be less obvious from view and need not be screened unless it would create a nuisance.

(H)

Surface drainage. Drainage of liquid wastes from private premises.

(I)

Sidewalks or public streets. Any accumulation, depositing, dumping or storage of dirt, sand, rocks, gravel, barkdust, lumber, personal property, or other similar material without a permit or other permission from the City.

(J)

Fences. A fence with barbed, concertina, or razor wire, unless constructed in compliance with the development code, a fence otherwise designed to cause physical injury, or an electric fence which is capable of generating an electric shock to persons.

(K)

Burning. The burning of materials within a fireplace, stove, burning receptacle or a device of any kind which causes a noxious or toxic odor is not allowed.

(Code 1981, § 8.04.060; Ord. No. 370, 10-1-1991; Ord. No. 387, 11-3-1992)