Code Table of Contents
HEALTH AND SAFETY -
CHAPTERS
8.04 Emergency Telephone System
8.08 Nuisances
8.12 Open Burning
8.16 Solid Waste Management
8.20 Wrecked or Dismantled Motor Vehicles
index
Chapter 8.04 EMERGENCY TELEPHONE SYSTEM
Sections:
8.04.010 Purpose.
8.04.020 Definitions.
8.04.030 Improper use.
8.04.040 ViolationþPenalty.
8.04.010 Purpose.
The purpose of this chapter is to reduce abuse and deliberate misuse of
the 9-1-1 emergency telephone system; and to ensure the availability of 9-1-1
and other emergency telephone lines for the reporting of true emergencies, so
that personnel and equipment may be available for use in true emergency
situations. (Ord. 1-1991 1)
8.04.020 Definitions.
As used in this chapter:
"Automatic dialing and announcing device" means an electronically or
mechanically operated instrument which automatically dials telephone numbers it
has been programmed to dial, and which plays a prerecorded message when
answered.
"Automatic protection device" means an electronically or mechanically
operated instrument that automatically signals or sends by any means (including
direct or indirect connection to regular telephone lines) pictures, sound, odor or
a prerecorded message, either by voice or other alarm, from a protected premises
upon receipt of a stimulus from a sensory detection apparatus. Automatic
protection devices include any audible alarm or light signaling device attached
to the interior or exterior of a protected premises.
"Emergency" means any situation which involves an immediate threat to
property or person.
"Intentionally" is defined in ORS 161.085 (1989 Edition).
"9-1-1" means a three-digit telephone number assigned for use by the
public in reporting an emergency situation or summoning emergency assistance
from a public safety agency.
þPublic safety agencyþ means any sheriff, police, fire or emergency medical
entity operating within Union County. (Ord. 1-1991 par 2)
8.04.030 Improper use.
No person shall make improper use of emergency telephone system by:
A. Knowingly or intentionally dialing the 9-1-1 number for any purpose
other than to report an event which the caller reasonably believes to be an
emergency;
B. Knowingly or intentionally programming and activating an automatic
dialing and announcing device or an automatic protection device which results
in the transmission of a prerecorded message to a public safety agency via 9-1-1;
C. Knowingly allowing telephone equipment to be used in violation of
subsections A and B of this section. (Ord. 1-1991 par 3)
8.04.040 Violation- Penalty.
Improper use of 9-1-1 is a Class A infraction and is punishable upon
conviction by a fine of not more than five hundred dollars ($500.00). A separate
infraction is deemed to occur on each calendar day the infraction continues to
exist and a separate citation may be filed for each such infraction. (Ord. 1-1991
par 4)
index
Chapter 8.08 NUISANCES
Sections:
8.08.010 Definitions.
8.08.020 Dangerous animals.
8.08.030 Livestock and poultry.
8.08.040 Removal of carcasses.
8.08.050 Nuisances affecting public health.
8.08.060 Abandoned refrigerators.
8.08.070 Attractive nuisances.
8.08.080 Dangerous excavations and dangerous buildings.
8.08.090 Snow and ice removal.
8.08.100 Trees.
8.08.110 Fences.
8.08.120 Unenumerated nuisances.
8.08.130 Abatement procedures.
8.08.140 Abatement by the person responsible.
8.08.150 Abatement by the city.
8.08.160 Joint responsibility.
8.08.170 Assessment of costs.
8.08.180 Summary abatement.
8.08.190 Violation-Penalty.
8.08.200 Separate violations.
list
8.08.010 Definitions.
As used in this chapter:
"Person" means a natural person, firm, partnership, association or
corporation.
"Person in charge of property" means an agent, occupant, lessee, contract
purchaser, or other person having possession or control of property or the
supervision of any construction project.
"person responsible" for abating a nuisance means and includes:
1. The owner;
2. The person in charge of property as defined in this section;
3. The person who caused to come into or continue in existence a
nuisance as defined in this chapter or another ordinance of the city.
"Public place" means a building, way, place or accommodation, whether
publicly or privately owned, open and available to the general public. (Ord. 9-
1981 par 1)
list
8.08.020 Dangerous animals.
A. No owner or person in charge of an animal which is dangerous to the
public health or safety shall allow the animal to be exposed in public.
B. A dangerous animal exposed in public may be taken into custody by
the police and disposed of in accordance with the procedures provided for by
ordinance for the impoundment and disposition of dogs, except that before the
animal is released by the city, the municipal judge must find that proper
precautions will be taken to insure the public health and safety.
C. A dangerous animal running at large, which because of fierceness of
disposition or diseased condition is too hazardous to apprehend may be destroyed
by a peace officer or by a person acting in defense of himself, his family or
another person. (Ord. 9-1981 par 2)
list
8.08.030 Livestock and poultry.
A. No owner or person in charge of property shall allow a domestic
animal, including livestock and poultry, to run at large within the corporate
limits of the city or to be within a park owned by the city.
B. It is unlawful for any owner or person, firm or corporation having
control of a horse, cow, mule, sheep, goat, rabbit or any other like domestic
animal or a fowl or bird to permit the animal or fowl to trespass upon private
property within the city of Elgin.
C. Any horse, cow, mule, sheep, goat, rabbit or other like domestic
animal or a fowl or bird shall be properly caged or housed, and maintained in
a sanitary condition at all times. All animal or poultry grain foods shall be stored
in metal or other rodentproof receptacles. All accumulations of manure or bedding
materials soiled by animal wastes in or about every stable, corral or enclosure
where an animal is kept shall be collected at least once each week and
immediately deposited in fly-tight containers and disposed of in such a manner
to eliminate fly breeding and nuisance conditions. (Ord. 9-1981 par 3)
list
8.08.040 Removal of carcasses.
No person shall permit an animal carcass owned or controlled by him to
remain upon public property, or to be exposed on private property, for a period
of time longer than twenty-four (24) hours. (Ord. 9-1981 par 4)
list
8.08.050 Nuisances affecting public health.
No owner or person in charge of property shall cause or permit on such
property any nuisance affecting public health, nor shall any person cause on any
property, public or private, any nuisance affecting public health. The following
are nuisances affecting public health and may be abated as provided in this
chapter.
A. Debris. An accumulation of decomposed animal or vegetable matter,
garbage, rubbish, manure, offal, ashes, discarded containers, waste, paper,
debris, trash, hay, grass, straw, weeds, litter, or other refuse matter or
substance which by itself or in conjunction with other substances is deleterious
to public health or comfort, or is unsightly, or creates an offensive odor;
B. Stagnant Water. An accumulation of stagnant or impure water which
affords or might afford a breeding place for mosquitoes or other insects;
C. Noxious Weeds. A growth of Russian thistle, Canadian thistle, Chinese
thistle, white mustard, cocklebur, silver saltbush, foxtail, or any other noxious
weed, and all grass over ten (10) inches in height;
D. Animal Carcasses. The deposition of an animal carcass or part thereof,
or any excrement or sewage, or industrial waste, or any putrid, nauseous,
decaying, deleterious, offensive, or dangerous substance in a stream, well, spring,
brook, ditch, pond, river or other inland waters within the city, or the placing
of such substances in such position that high water or natural seepage will carry
the same into such waters;
E. Privies. An open vault or privy except those constructed or
maintained in connection with construction projects in accordance with the
Oregon State Board of Health regulations;
F. Surface Drainage. Drainage of liquid wastes from private premises;
G. Cesspools. Cesspools or septic tanks which are in an unsanitary
condition or which cause an offensive odor;
H. Food. Decayed or unwholesome food which is offered for human
consumption;
I. Odors. Premises which are in such a state or condition as to cause
an offensive odor or which are in an unsanitary condition;
J. Slaughterhouses. A pigsty, slaughterhouse or tannery;
K. A barn, stable, corral, pen, chicken coop, rabbit hutch, or other
place where animals are caged or housed which is in an unsanitary condition or
creates a noisome or offensive odor;
L. Water. The sufferance or allowance by the owner or person in charge
of property that water from a ditch, canal, flume, reservoir pipe line, or conduit
above or below ground should leak, seep, flow, overflow, run back or through,
or escape or run upon, over or under any premises, public street, alley, sidewalk
or other public property, which would endanger the public health, safety, welfare
or convenience. (Ord. 9-1981 par 5)
list
8.08.060 Abandoned refrigerators.
No person shall leave in any place accessible to children an abandoned or
discarded ice- box, refrigerator or similar container without first removing the
door. (Ord. 9-1981 par 6)
list
8.08.070 Attractive nuisances.
A. No owner or person in charge of property shall permit thereon:
1. Unguarded machinery, equipment or other devices which are
attractive, dangerous, and accessible to children;
2. Lumber, logs or pilings placed or stored in a manner so as to be
attractive, dangerous and accessible to children;
3. An open pit, quarry, cistern or other excavation without safeguards
or barriers to prevent such places from being used by children.
B. This section shall not apply to authorized construction projects with
reasonable safeguards to prevent injury or death to playing children. (Ord. 9-
1981 par 7)
list
8.08.080 Dangerous excavations and dangerous buildings.
A. Dangerous Excavations.
1. No owner or person ln charge of property shall allow an excavation
to remain unguarded by suitable barriers.
2. In addition to the barriers required by subsection A of this section,
excavations shall be marked by warning lights during the hours of darkness.
3. An obstruction on a street, sidewalk, public way or pathway
commonly used by the public shall be marked by warning lights during the hours
of darkness. It shall be the responsibility of the person creating, maintaining or
in charge of such obstruction to insure the installation and operation of the
warning lights.
B. Dangerous Buildings.
1. No owner of property shall allow to remain thereon any building or
structure which is or threatens to be a public nuisance, dangerous to the health,
morals, safety or general welfare of the people of the city of Elgin, Oregon, or
which might tend to constitute a fire menace.
2. If an owner of a dangerous building is directed, in accordance with
the provisions of this chapter, to abate this nuisance by demolishing the
dangerous building, the demolition shall include the removal of the debris
resulting from the process of demolition and the premises on which the building
is located shall, after demolition, be left clean, neat, sanitary, orderly and safe.
A building shall not be considered to have been demolished until such debris
shall have been removed and the premises left in the condition stated in this
section. (Ord. 9-1981 par 8)
list
8.08.090 Snow and ice removal.
A. No owner or person in charge of property shall allow snow to remain
on the sidewalk abutting his property for a period longer than the first six
hours of daylight after the snow has fallen.
B. No owner or person in charge of property shall allow ice to remain
on the abutting sidewalk for more than two hours of daylight after the ice has
formed unless covered with ash, sand or other suitable materials.
C. No person shall place or deposit snow, except snow removed from
public sidewalks, on any parking strip or street. (Ord. 9-1981 par 9)
list
8.08.100 Trees.
A. No owner or person in charge of abutting property shall allow any
brush, bushes, trees, limbs, shrubbery, flowers or other growth, whether grown
for food, fuel, shade or ornamentation, to project over a sidewalk at an elevation
of less than eight feet above the level of the sidewalk or over a street at an
elevation of less than thirteen (13) feet six inches above the level of the street.
B. No owner or person in charge of property shall allow to stand a dead
or decaying tree that is a hazard to the public or to persons or property on or
near the property. (Ord. 9-1981 par 10)
list
8.08.110 Fences.
A. No owner or person in charge of property shall construct or maintain
a barbed wire fence along a sidewalk or public way.
B. No owner or person in charge of property shall construct, maintain
or operate an electric fence along a sidewalk or public way or along the
adjoining property line of another person. (Ord. 9-1981 par 11)
list
8.08.120 Unenumerated nuisances.
A. In addition to the acts and conditions specifically enumerated in this
chapter, any condition, thing, substance or activity which is detrimental to,
injurious to, or constitutes a danger to the public health, safety or welfare is
declared to be a nuisance and is subject to the abatement procedures set forth
in this chapter.
B. A condition, thing, substance or activity declared to be a nuisance
by another ordinance of this city is subject to the abatement procedures of this
chapter if no abatement procedures are provided by such ordinance. (Ord. 9-1981
par 12)
list
8.08.130 Abatement procedures.
A. If the city council is satisfied that a nuisance exists, it shall cause
a notice to be posted on the premises or at the site of the nuisance directing the
person responsible to abate the nuisance.
B. At the time of posting, the city recorder shall cause a copy of the
notice to be forwarded by certified mail, postage prepaid, to the person
responsible at his last known address.
C. The notice to abate shall contain:
1. A description of the real property, by street address or otherwise,
on which the nuisance exists;
2. A direction to abate the nuisance within ten (10) days from the date
of the notice;
3. A description of the nuisance;
4. A statement that unless the nuisance is removed, the city may abate
the nuisances; and the cost of abatement charged to the person responsible;
5. A statement that the person responsible may protest the order to
abate by giving notice to the city recorder within ten (10) days from the date
of the notice.
D. Upon completion of the posting and mailing, the persons posting and
mailing shall execute and file certificates stating the date and place of the
mailing and posting respectively.
E. An error in the name or address of the person responsible shall not
make the notice void and in such case the posted notice shall be sufficient. (Ord.
9-1981 par 13)
list
8.08.140 Abatement by the person responsible.
A. Within ten (10) days after the posting and mailing of such notice as
provided in Section 8.08.130, the person responsible shall remove the nuisance
or show that no nuisance exists.
B. A person responsible protesting that no nuisance exists shall file
with the city recorder a written statement which shall specify the basis for so
protesting.
C. The statement shall be referred to the city council as a part of its
regular agenda at its next succeeding meeting. At the time set for consideration
of the abatement, the person protesting, may appear and be heard by the
council, and the council shall reconsider the matter and once again determine
whether or not a nuisance in fact exists, and the determination shall be entered
in the official minutes of the council.
D. If after reconsideration, the council once again concludes that a
nuisance does in fact exist, the person responsible shall within ten (10) days
after the council's determination abate the nuisance. (Ord. 9-1981 par 14)
list
8.08.150 Abatement by the city.
A. If, within the time allowed, the nuisance has not been abated by the
person responsible, the council may cause the nuisance to be abated.
B. The person or persons selected by the council to abate the nuisance
shall have the right at reasonable times to enter into or upon property to
investigate or cause the removal of the nuisance.
C. The city recorder shall keep an accurate record of the expenses
incurred by the city in physically abating the nuisance and shall include therein
a charge of ten dollars ($10.00) or ten (10) percent of those expenses (whichever
is the greater) for administrative overhead. (Ord. 9-1981 par 15)
list
8.08.160 Joint responsibility.
If more than one person is a person responsible, they shall be jointly and
severally liable for abating the nuisance or for the cost incurred by the city in
abating the nuisance. (Ord. 9-1981 par 16)
list
8.08.170 Assessment of costs.
A. The city recorder, by registered or certified mail, postage prepaid,
shall forward to the person responsible a notice stating:
1. The total costs of abatement including the administrative overhead;
2. That the cost as indicated will be assessed to and become a lien
against the property unless paid within thirty (30) days from the date of the
notice;
3. That if the person responsible objects to the cost of the abatement
as indicated, he may file a notice of objection with the city recorder not more
than ten (10) days from the date of the notice.
B. Upon the expiration of ten (10) days after the date of the notice, the
city council in the regular course of business shall hear and determine the
objections to the cost assessed.
C. If the costs of the abatement are not paid within thirty (30) days
from the date of the notice, an assessment of the costs as stated or as
determined by the city council shall be made by resolution and shall thereupon
be entered in the docket of city liens; and, upon such entry being made, shall
constitute a lien upon the property from which the nuisance was removed or
abated.
D. The lien shall be enforced in the same manner as liens for street
improvements are enforced and shall bear interest at the rate of six percent per
year. The interest shall commence to run from date of the entry of the lien in
the lien docket.
E. An error in the name of the person responsible shall not void the
assessment nor will a failure to receive the notice of the proposed assessment
render the assessment void, but it shall remain a valid lien against the property.
(Ord. 9-1981 par 17)
list
8.08.180 Summary abatement.
The procedure provided by this chapter is not exclusive, but is in addition
to the procedure provided by other ordinances, and the health officer, the chief
of the fire department, the fire marshal, the chief of police or the city recorder
may proceed summarily to abate a health or other nuisance which unmistakably
exists and which imminently endangers human life or property. (Ord. 9-1981 18)
list
8.08.190 Violation- Penalty.
A person violating a provision of this chapter or an order issued under
authority of this chapter shall, upon conviction, be fined an amount not to exceed
five hundred dollars ($500.00). (Ord. 9-1981 par 19)
list
8.08.200 Separate violations.
A. Each day's violation of a provision of this chapter constitutes a
separate offense.
B. The abatement of a nuisance is not a penalty for violating this
chapter but is an additional remedy. The imposition of a penalty does not relieve
a person of the duty to abate the nuisance; however, abatement of a nuisance
within ten (10) days of the date of notice to abate, or if a written protest has
been filed, then abatement within ten (10) days of city council determination that
a nuisance exists, will excuse the person responsible from the imposition of any
fine under Section 8.08.190 of this chapter.
C. Notwithstanding subsection B of this section, if a nuisance exists, and
even though it is abated when cited within ten (10) days as provided, but due
to the nature of the nuisance it continues to reoccur, then upon multiple
citations for the same nuisance violation, the city council of the city of Elgin
shall give notice to the cited party and hold a hearing to determine the cause
of the nuisance. If the council determines that the cause of the multiple
violations are under the control of the cited party, the council shall define the
cause of the nuisance, and issue an order to abate the nuisance as provided by
Section 8.08.130 and following. The abatement of the cause of a nuisance and/or
the findings of the council as to the cause of a nuisance at any subsequent
hearing shall be enforceable as long as the cause, as duly determined and
defined, shall exist whether or not an immediate nuisance exists. (Ord. 6-1991;
Ord. 9-1981 par 20)
index
Chapter 8.12 OPEN BURNING
Sections:
8.12.010 Definitions.
8.12.020 Burning regulations.
8.12.030 Safety.
8.12.040 Responsibility.
8.12.050 Violation-Penalty.
8.12.010 Definitions.
As used in this chapter:
"Burning container" means an enclosed container of noncombustible material
such as ferrous metal or masonry and screened with metal wire mesh. The
container shall be constructed so as to entirely contain the combustible wastes
and to prevent any burning materials from leaving the container while burning.
"Nuisance burning" means any burning that is in violation of OAR or other
state regulations, or any burning that causes a nuisance as defined by city
ordinance.
"Open burning" means all burning conducted outside the limits of an
enclosed building such as a residence, shop, store, garage, etc.
"Responsible person" means a person who is reasonably capable of
extinguishing an open burning fire or accidental secondary fire.
"Safety area" means an area free of combustible materials surrounding the
burning container or an open unconfined burning pile, of sufficient size so as
to prevent the kindling of any secondary fire.
"Safety equipment" means water, either in containers or by garden hose,
and shovels, rakes, or any other such items that are required for extinguishing
of a permitted fire.
"Unconfined burning pile" means a pile of combustible organic materials
suitable for burning, located within a proper safety area.
"Wire mesh or screening" means a ferrous metal wire mesh or screen with
openings small enough to entirely confine the burning material within the
burning container. Openings within the screen or mesh are to be less than one
square inch in area. (Ord. 5-1991 par 1)
8.12.020 Burning regulations.
A. Nuisance burning is prohibited. Regulations governing burning that
is harmful to persons or the environment are defined in the Oregon
Administrative Rules, Chapter 340, Division 23. The Department of Environmental
Quality, DEQ, as the primary enforcement agency of these regulations will be
informed of such violations. Chapter 8.08 defines general nuisances, and will set
the standard for defining burning as a nuisance.
B. All open burning shall be limited to the hours from six a.m. to seven
p.m. All open burning fires are to be completely extinguished outside of this
prescribed time limit.
C. During a period of fire hazard, burning hours will be further
restricted under the direction of the State Fire Marshal, and/or the fire chief of
the city of Elgin.
D. Burning hour restrictions shall not apply to supervised controlled
burning conducted by the Elgin fire department. (Ord. 5-1991 par 2)
8.12.030 Safety.
A. Burning containers or open unconfined burning piles shall be located
so as to provide a safety area around any open burning.
B. All unconfined burning piles shall be constantly supervised. Safety
equipment shall be readily available during burning, for use in extinguishing the
fire or any accidental secondary fire.
C. Open burning is permitted without constant supervision in a burning
container. Safety equipment shall be readily available, and a responsible person
shall be on the premises.
D. No open burning shell be permitted if, in the sole judgment of the
fire chief, such open burning would constitute a fire safety hazard. (Ord. 5-1991
par 3)
8.12.040 Responsibility.
A. Open burning shall be conducted only by a responsible person or a
person directly supervised by a responsible person.
B. The responsible person in charge of conducting open burning shall
be held liable for all damage resulting from the burning, and will be subject to
any penalties for the violation of this chapter or the regulations of the state of
Oregon. (Ord. 5-1991 par 4)
8.12.050 ViolationþPenalty.
A person violating any provision of this chapter or any order issued under
authority of this chapter shall, upon conviction, be fined an amount not to exceed
five hundred dollars ($500.00). (Ord. 5-1991 par 5)
index
Chapter 8.16 SOLID WASTE MANAGEMENT
Sections:
8.16.010 Policy.
8.16.020 Definitions.
8.16.030 Exemptions.
8.16.040 Franchise required.
8.16.050 Grant of nonexclusive franchise.
8.16.060 Franchisee responsibilities.
8.16.070 Rate determination.
8.16.080 Compliance with franchise.
8.16.090 City enforcement.
8.16.100 Violation-Penalty.
8.16.010 Policy.
A. The policy of the city of Elgin is to provide the opportunity to
recycle and to:
1. Continue the voluntary recycling program in existence on the
effective date of the ordinance codified in this chapter;
2. Encourage additional economically feasible recycling;
3. Require the franchised collector to provide recycling collection
service at such time as it is determined to be economically feasible or is required
by any state statute or regulation or plan adopted thereunder.
B. It is further the policy of the city of Elgin to:
1. Insure safe, efficient, economical and comprehensive solid waste
service and thereby protect the health, safety and environment;
2. Provide a basis and incentive for investment in collection service,
equipment and improved technology;
3. Insure adequate collection service to consumers at fair and equitable
rates. (Ord. 104 par 2 (part), 1996; Ord. 6B-1984 par 1)
8.16.020 Definitions.
As used in this chapter:
"Person" means any individual, partnership, association, corporation, trust,
firm, estate, joint venture orother private legal entity or public agency. (Ord.
104 par 2 (part), 1996; Ord. 6B-1984 par 2)
8.16.030 Exemptions.
This chapter does not apply to:
A. Collection, transportation, recycling or reuse of repairable discards
or recyclable materials by charitable, benevolent or fraternal organizations which
use the activity for fund raising.
B. A person hauling wastes produced by such person at a single
residential dwelling unit; or at another source owned or operated by such
person, or as part of a business such as demolition, land clearing, construction,
janitorial, landscaping and gardening, septic tank pumping or sludge collection.
(Ord. 6B-1984 par 3)
8.16.040 Franchise required.
Unless exempted under Section 8.16.030 or franchised pursuant to Section
8.16.050 of this chapter, no person shall solicit customers for collection service,
or advertise the providing collection service or provide collection service within
the city. (Ord. 6B-1984 par 4)
8.16.050 Grant of nonexclusive franchise.
A. The city may grant a nonexclusive right to operate under this
chapter for the purpose of accommodating residential and commercial solid waste
collection with all rights and privileges afforded the franchise pursuant to this
chapter. The appointment of a franchise shall be by separate resolution.
B. 1. The city council may grant another collection service franchise, but
only after notice to the franchisee, after a public hearing on the proposed
franchise, and after written findings on the need for additional service and the
qualifications of the applicant specified in this subsection.
2. The applicant must prove to the council there is a need for
additional service that has not been met by the franchise; that the applicant has
the necessary collection service; experience, personnel, equipment and financial
capability required to assure collection service; that granting such a franchise
would carry out the purposes of Section 8.16.010 of this chapter; and, that
granting an additional franchise would benefit the customers, the residents or
the city.
3. A second franchisee shall be required to provide all of the types of
collection service as required by this chapter of a franchisee; to meet the same
terms, conditions and rates: and, to be subject to all of the requirements imposed
on the franchisee.
C. Franchise Term. The rights, privileges and franchise herein granted
shall be for a ten (10) year period. After its initial execution, the parties may at
any time renegotiate the franchise to maintain its ten (10) year term. (Ord. 6B-
1984 par 5)
8.16.060 Franchisee responsibilities.
The franchisee shall:
A. Collect and transport solid waste for any person in the city who
makes application for service within the limits of equipment provided by the
franchisee, and upon payment or making arrangement for the payment for such
service;
B. Provide and keep in force public liability insurance in the amount
of not less than three hundred thousand dollars ($300,000.00) for injury to a
single person, five hundred thousand dollars ($500,000.00) to a group of persons
and one hundred thousand dollars ($100,000.00) property damage, all relating to
a single occurrence, which shall be evidenced by a certificate of insurance filed
with the city recorder. Said certificate shall name the city as additional insured;
C. Provide sufficient collection vehicles, containers, facilities, personnel
and finances to provide all types of necessary collection service at a level set
or approved by the council;
D. Respond to any complaint on service;
E. Make books and records relating to collection service in the city
available for inspection or audit by a qualified person designated by the city
council;
F. Dispose of collected solid waste at the site maintained by the
franchisee or other disposal site authorized by the Oregon Department of
Environmental Quality or resource recover such wastes;
G. Not terminate nor suspend service to all or a group of customers
except for: nonpayment; failure to comply with state laws, rules or regulations
or those established by the collector; blockage of access; or weather conditions
that jeopardize the safety of the collection employees, collection equipment or the
public. (Ord. 6B-1984 par 6)
8.16.070 Rate determination.
A. Rates for service shall be those contained in a resolution adopted for
established rates. The franchisee may make reasonable charges for refuse
collection service, which charges shall be subject to the approval of the city
council. The rates proposed to be collected by a franchise applicant shall be
specified in his application. The rates may be changed during the term of the
franchise, if approved by resolution of the city council, but not otherwise. Said
rates shall be on file at the recorder's office for public inspection.
In determining rates, the council shall give due consideration to current
and projected revenue and expenses; actual and overhead expense; the cost of
acquiring and replacement of equipment; the services of owner and management;
the cost of providing the future, added or different service; a reasonable return
to franchisee for providing service; volume of wastes; cost of disposal; and, such
other factors as the council deems relevant. The council may consider rates
charged by other persons performing the same or similar service in the same or
similar areas.
B. The franchisee applying shall provide thirty (30) days' written notice
of rate change with accompanying justification of proposed rate changes. Unless
a governmental unit has raised the cost of providing service, or there has been
a substantial increase in cost not covered in the preceding adjustment, rate
adjustments may be made annually on the following schedule:
1. Application shall be filed by franchisee prior to May 1st.
2. Unless there is good cause shown and recorded in the minutes of the
council, the council shall act upon any rate adjustment by June 30th, and the
adjustment shall take effect on July 1st. (Ord. 6B-1984 par 7)
8.16.080 Compliance with franchise.
A. Written complaints on service or noncompliance with this chapter or
lawful directives of the city or city council shall be forwarded to the franchisee.
B. The franchisee shall be given a reasonable opportunity to resolve the
complaint or bring the service into compliance.
C. If there is continued noncompliance, the franchisee shall be given
twenty (20) days' prior written notice and shall be required to appear at a
public hearing before the city council. If the franchisee does not then provide
the service to the satisfaction of the city council, the council may suspend,
modify or revoke the franchise, terminate further renewals or not renew the
franchise. (Ord. 6B-1984 par 8)
8.16.090 City enforcement.
The city shall enforce the provisions of this chapter by administrative,
civil or criminal action or any combination necessary to obtain compliance with
this chapter. The council shall take such legislative action as is necessary to
support this chapter and the franchise. The franchisee may also enforce payment
or protect its rights by appropriate civil action. (Ord. 6B-1984 9)
8.16.100 Violation- Penalty.
Violation by any person of the provisions of Section 8.16.040 of this
chapter shall be deemed a misdemeanor and, upon conviction, shall be punished
by a fine of not more than five hundred dollars ($500.00). Each day of violation
is a separate offense; provided, however, that two or more such continuing
offenses may be joined in the same action. (Ord. 6B-1984 par 10)
index
Chapter 8.20 WRECKED OR DISMANTLED MOTOR VEHICLES
Sections:
8.20.010 Storage/Exposure.
8.20.020 Depositing on public or private property.
8.20.030 Violation- Penalty.
8.20.010 Storage/Exposure.
It is unlawful for any person owning or in possession or control of any
property within the city of Elgin to keep, wreck, store, or allow to remain
thereon, in such manner as to be exposed to view from without the property, any
wrecked or dismantled motor vehicle, or any part or parts thereof; but this shall
not be construed as preventing the exhibition for sale of automobiles in operating
condition within areas zoned for such activity. For the purpose of this section,
if an automobile is permitted to remain upon the premises for longer than ten
(10) consecutive days without being removed therefrom, it shall be deemed to
have been þstoredþ or þallowed to remainþ thereon. After the expiration of such
ten (10) day period, each day during which the vehicle or part thereof is stored
or permitted to remain on the premises in violation of this chapter shall be
punishable as separate offense. (Ord. 10-1981 par 1: Ord. 1-1974 par 1)
8.20.020 Depositing on public or private property.
It is unlawful for any person to deposit a wrecked or dismantled
automobile, or part thereof, or an automobile not licensed for operation, upon a
public street or other public property or upon the private property of another
without the consent of the owner or other person in control of such property.
In any trial for violation of this section, the last registered owner of the vehicle
according to the records of the Oregon State Department of Motor Vehicles shall
be presumed to be the person who so deposited the automobile, but this
presumption may be rebutted by evidence to the contrary. (Ord. 10-1981 par 2:
Ord. 1-1974 par 2)
8.20.030 Violation- Penalty.
Violation of any provision of this chapter shall be punishable by a fine of
not less than ten dollars ($10.00) nor more than three hundred dollars ($300.00).
(Ord. 10-1981 par 3: Ord. 1-1974 par 3)
index