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Posts Tagged ‘Notice to abate’

NOTICE TO ABATE OBNOXIOUS VEGETATION ON UNDEVELOPED PROPERTY

City of Cornelius

TO ALL OWNERS, THEIR AGENTS, LESSEES, TENANTS, CONTRACT PURCHASERS, OR PERSONS IN POSSESSION OR CONTROL OF UNDEVELOPED PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF CORNELIUS.  You are hereby notified of your responsibility for keeping your undeveloped property free of obnoxious vegetation.  Cornelius Municipal Code 8.15.010 states:

8.15.010 Definitions, prohibitions, and abatement.
(A) As used in this chapter, the term “obnoxious vegetation” includes:
(1) Grass or weeds more than 12 inches high.
(2) Poison oak or poison ivy.
(3) Blackberry vines or vegetation that:
(a) Constitute a fire hazard because it is near other combustibles;
(b) Extend into a public way or a pathway;
(c) Extend across a property line; or
(d) Are used for habitation by trespassers.
(B) As used in this chapter, the following terms shall have the indicated meaning:
(1) “Person in charge of property” means an agent, occupant, lessee, tenant, contract purchaser, or other person having possession or control of property or the supervision of a construction project on the property.
(2) “Person responsible” means any or all of the following:
(a) The owner of the property on which the nuisance exists or the owner of property which abuts a public way where a nuisance exists.
(b) The person in charge of the property or of property which abuts a public way where a nuisance exists.
(c) The person who causes the nuisance to come into or continue in existence.
(3) “Public way” means any street, road, alley, right-of-way, pedestrian or bicycle easement for public use.
(4) “Undeveloped property” means any lot, parcel or tract of land located totally or partially within the city upon which no structure is located or placed. For purposes of this definition, “structure” means any improvement for which a permit is required under the Uniform Building Code.
(5) “Vegetation” means plant life, including, but not limited to, trees, shrubs, flowers, weeds and grass.
(C) Except as CCC 8.15.020 provides to the contrary, between May 1st and October 31st of each year no owner or person in charge of undeveloped property shall allow obnoxious vegetation to be on the property or in the public way abutting the property. Obnoxious vegetation so located constitutes a public nuisance.
(D) In accordance with CCC 8.15.030 to 8.15.070, the city may abate the nuisance and recover the actual and reasonable costs that the city incurs in the abatement against the owner or person in charge or by lien and assessment against the undeveloped property. [Ord. 688 § 1, 1989; Code 2000 § 6.590.]
At the request of the property owner, the City of Cornelius will abate the nuisance for a fee that is sufficient to cover its costs.  In any event, the City will abate all nuisances 20 or more days after the final publication of this notice and charge the property owner for the costs.  If the costs of abatements are not paid, the City is authorized to lien the property for the amount abated.

A property owner may file a written protest with the City Recorder regarding the application of the ordinance to the property.  Write to City Recorder, 1355 N Barlow Street, Cornelius, OR 97113-8912 or call 503-357-9112.

Cornelius Code Sections 8.15.010 through 8.15.080 requires this notice and the abatement of such nuisances.  For more information, write to the Code Enforcement Officer, 1355 N. Barlow Street, Cornelius, OR 97113-8912 or call 503-992-5381.

Publish 04/15, 04/22/2009.             FGNT6956