§ 8.08.050. Notice to abate fire hazard; form and delivery; abatement by City.

(A)

The Fire Chief or his or her deputies in the City shall, upon determining that a fire hazard exists as described in this chapter, notify the following parties: owner and occupant, agent or other person in charge of property upon which said fire hazard exists.

(B)

The notice shall be in writing and shall be delivered in person, or by certified mail, to the person occupying the property along with the property owner. If there is no occupant or the occupant is absent, posting the same on or next to the property shall constitute noticing of the occupant. A copy will also be delivered by certificated mail to the person appearing to be the owner according to the records of the County Assessor at the address shown on such records.

(C)

The notice shall describe the conditions creating the fire hazard and cite the section of the code applicable to the hazard along with the applicable fines and penalties. A report of the hazard shall be attached to the certified letter and posted along with the notice.

(D)

The fire hazard shall be eliminated no later than ten days after delivery and/or posting of said notice. In a designated 'extreme fire danger' time as identified by the Oregon Department of Forestry, the Fire Chief may require the removal of the fire hazard within 72 hours of the posting as the Fire Chief deems necessary for the safety and welfare of the general public.

(E)

If the fire hazard is not eliminated within the time period stated in the letter or posting, whichever is later, the Fire Chief, or designees may cause such fire hazard to be eliminated and the cost thereof shall become a lien upon the subject property in the same manner as other liens under the laws of the state and the City. The City may retain a removal crew of its choice. A citation may be given and a fine assessed (a schedule of fees, fines and penalties is kept on file in the offices of the City) by the Police Department or compliance officer if the fire hazard elimination is not completed per code requirements.

(F)

The notice above referred to shall include a statement to the effect that unless the condition is removed in accordance with this chapter, the Fire Chief may cause the same to be done and the costs of such removal shall become a lien upon the property and subject to foreclosure in the manner prescribed by this chapter.

(G)

For the purpose of abating a fire hazard found by the Fire Chief to exist, after due notice has been given as prescribed in this chapter, the Fire Chief and any person under his or her direction shall have the right to enter the premises for the purpose of abating the nuisance.

(H)

Summary abatement. The procedure provided by this chapter is not exclusive but is in addition to procedures provided by other ordinances; the Fire Chief may proceed summarily to abate a health or other nuisance which unmistakably exists and from which there is imminent danger to human life or property.

(Code 1981, § 8.08.050; Ord. No. 178, 3-19-1974; Ord. No. 536, 12-2-2003; Ord. No. 576, 10-16-2007)