8.15.040 Definitions.
“Abate” or “abatement” means the removal or correction of conditions deemed to constitute a violation of this chapter or the making of improvements needed to effect a rehabilitation of the property consistent with maintaining safe and habitable conditions.
“Attractive nuisance(s)” means buildings, structures, and/or property that are in an unsecured, derelict, and/or dangerous condition so as potentially to constitute an attraction to minors, vagrants, criminals, and/or other unauthorized persons or that otherwise pose a threat to public health, safety, or welfare. Attractive nuisances include, without limitation, (a) unguarded or unsecured machinery, equipment, and/or other devices or materials that are attractive, dangerous, and accessible, (b) uncovered excavation without proper barriers, and (c) unguarded or unsecured construction sites.
“Building(s)” means a structure designed for habitation, shelter, storage, trade, manufacture, business, education, and/or other similar purposes.
“City” means the City of Madras, an Oregon municipal corporation.
“City Administrator” means the City Administrator for the City and/or designee.
“City Council” means the City’s elected legislative body.
“County” means Jefferson County, Oregon.
“Day(s)” means calendar days unless specifically provided otherwise.
“Derelict building(s) or structure(s)” means a building or structure, or any portion thereof, exhibiting any of the following:
(a) A building or structure that is unfit for human habitation and/or poses an imminent hazard. A building or structure is “unfit for human habitation” if the building or structure is in disrepair, suffers from lack of maintenance, has been substantially damaged, is unsanitary, is pest infested, contains filth and contamination, is insufficiently anchored, is not structurally sound, and/or lacks ventilation, illumination, sanitary, and/or heating facilities, such that habitation would be injurious or detrimental to the health, safety, and/or welfare of any occupant. A building or structure “poses an imminent hazard” if the condition of the building or structure places health, safety, and/or welfare of the occupants, adjacent properties, or the general public in risk of immediate or impending peril.
(b) A building or structure that is detrimental to the public health, safety, and/or welfare as a result of one or more of the following conditions: (i) the building or structure is unsecured (i.e., unlocked or otherwise open to unauthorized entry); (ii) the building or structure cannot be lawfully occupied; (iii) the building or structure has been left in a state of partial construction for more than six months or has not been completed prior to the expiration of any building permit; (iv) the building or structure does not comply with applicable building or health regulations; (v) the building or structure is in a condition of deterioration characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, and/or any other evidence of physical decay, neglect, excessive use, damage, and/or lack of maintenance; and/or (vi) the building or structure has an infestation of pests.
(c) A building or structure that creates a negative impact on any surrounding properties by (i) presenting an unattractive appearance compared to the design, care, and upkeep of neighboring properties, (ii) being the site of vandalism or other crimes and misdemeanors, or (iii) degrading the economic activity or economic potential of surrounding properties (i.e., by discouraging customer visits, investment in new or remodeled buildings, property rentals or sales, maintenance of surrounding properties, employment of qualified employees, or general economic activity, value, utility, and/or vitality in surrounding areas).
(d) A building or structure that has been abandoned.
(e) Any building or structure with deteriorated, damaged, inadequate or faulty electric wiring, gas connections, sewer or septic facilities, or heating apparatus.
(f) Any building with ineffective waterproofing of exterior walls, roofs and foundations, broken windows or doors and deterioration of exterior plasters or mortar, so as to allow rain, snow or other effects of the weather to enter the building or structure.
“Discarded vehicle” means a vehicle, recreational vehicle, boat, or trailer in one or more of the following conditions:
(a) Inoperable (for purposes of this definition, showing that operation on a public highway of this state would violate any provision of state law related to operation on a public highway establishes a rebuttable presumption of inoperability);
(b) Wrecked;
(c) Dismantled or partially dismantled;
(d) Abandoned; or
(e) Junked.
“Hearings Officer” means any person appointed as a Hearings Officer by the City Council.
“Owner(s)” means (a) the person recorded in the official records of the County as holding title to the property, (b) any person who has purchased or otherwise acquired a property but whose ownership is not yet reflected in the official records of the County, (c) a trustee, executor, administrator, guardian, and/or mortgagee in possession and having control of the property, (d) a person who has care and control of a property in the case of the absence or disability of the person holding title thereto, and/or (e) a lessee or tenant in possession.
“Person(s)” means a natural person, partnership, corporation, limited liability partnership, limited liability company, cooperative, governmental entity, association, or other entity in law or fact.
“Person(s) in charge of property” means an owner, agent, occupant, lessee, tenant, contract purchaser, and/or other person having possession or control of the property or the supervision of a construction project on the property.
“Public right-of-way” means any street, sidewalk, trail, or path owned or controlled by a public entity and available for use by the public including, without limitation, private facilities subject to a public access easement.
“Structure(s)” means (a) that which is built or constructed, (b) an edifice or building of any kind, including mobile or manufactured homes and mobile outbuildings, and/or (c) any work that is built up as an addition to or fixture on a property. [Ord. 979 § 2 (Exh. A), 2023; Ord. 875 Exh. A § 4, 2015.]