Garibaldi has the abatement procedure clearly outlined in its nuisance 
ordinance including penalties.

We recently jumped through all these hoops and still the property owner 
refused to clean up his yard. I tried calling to find a landscaper who 
would do the job, but had no takers due to the negative situation. I told 
public works that I would put on my dungarees and join them in weeding the 
lot with our deputy providing curbside protection.

It wasn't until the clauses "in addition to any fine" and "each day a 
violation shall be treated as a separate offense" that the property owner 
realized that the $500 per offense plus public works' time and expense 
would be liened on his property that he finally cleaned it up an hour 
before we were to start work....

INVESTIGATION AND ABATEMENT

                  Section 5.  INVESTIGATION:  The Chief of Police or the 
committee on health of the City Council shall ascertain and cause all 
nuisances described in Section 2 of this ordinance to be abated, and they 
shall have authority in the daytime to enter any building or structure in 
order to make a thorough examination of cellars, sinks, vaults or drains, 
to enter upon any other premises or property and cause all stagnant water 
to be drained off, cleaned, filled or otherwise purified, and to cause all 
other noisome substances or conditions to be removed or abated.

                  Section 6.  NOTICE OF NUISANCE:  After being made aware 
that any nuisance exists, the City Recorder shall cause a written notice to 
be served personally on the owner, tenant, occupant or other person having 
control of the premises or property in or upon which such nuisance may be 
found, or upon such other person who is the author thereof, requiring the 
abatement of such nuisance within a reasonable time.

                  In case no person can be located for service of such 
notice, such notice shall be served by mailing a copy thereof to the owner 
of such premises or property at the address listed with the Tax Collector 
for Tillamook County, Oregon, and by posting a copy thereof in some 
conspicuous place upon such premises or property.

                  A copy of such notice shall be retained by the City 
Recorder together with an affidavit that states the manner by which such 
notice was served.

                  The failure to serve the notice as provided herein shall 
not relieve the author of any nuisance of the penalties provided by Section 
9 of this ordinance.

                  Section 7.  SUMMARY ABATEMENT:  In case of the failure, 
neglect, or refusal to comply with the requirements of a served notice 
within the time specified, the Chief of Police summarily shall abate or 
procure the abatement thereof by entering upon such premises or property 
and removing, cleaning, filling, draining or purifying same, or causing 
such work to done, as the case may be.

                  Upon the completion of such work, the Chief of Police 
shall file with the City Recorder an itemized statement of the costs 
incurred in abating such nuisance.

ASSESSMENTS AND PENALTIES

                  Section 8.  ASSESSMENT OF COSTS:  In addition to any fine 
which may be imposed for a violation of this ordinance, the costs for 
summarily abating a nuisance, as documented by the statement of the Chief 
of Police, shall be assessed against the author of the nuisance and such 
assessment shall be entered as a lien against the affected premises or 
property on the lien docket of the
City of Garibaldi, Oregon.

                  Section 9.  PENALTIES: Violations of City ordinances 
shall be cited and prosecuted as violations, as the term is defined in 
Oregon law, and shall be punishable upon conviction by a fine not to exceed 
FIVE HUNDRED DOLLARS ($500.00).  Each day a violation continues shall be 
treated as a separate offense.


At 03:02 PM 9/27/2005, you wrote:
>We are just in the midst of our first abatement and it deals with autos 
>and trucks -- we had an order from a judge to remove any autos that were 
>not locked and secured, plus not in the owner of the property's name.  The 
>question is what do little cities do with autos that are towed?  I am 
>assuming that most places deal with wrecking yards to handle this 
>liability, but with 17 cars to move and the closest tow yard was 40 miles 
>away, we hired a professional tow rig, and have made a make-shift storage 
>lot on city property.  Does anyone have any language or fee in their city 
>that would deal with abatement leftovers?  I have spoke with our lawyer 
>and he suggests LOC and other cities for some similar language first.
>
>I am wondering if anyone has dealt with something like this............ 
>someone has just got to have some hillbillies they deal with on a regular 
>basis!  I have a feeling my "no beer on Tuesday" rule is about to go out 
>the window!
>
>Kathryn
>Condon
>
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