8.05.110 Abatement of nuisance.
A. The manager may summarily abate any nuisance immediately abutting public streets or property, or on any public property.
B. Whenever the manager has reasonable cause to believe that there exists at any building or property any nuisance requiring abatement under this article and/or per city of Maywood Park nuisance ordinances, the manager may enter upon the nuisance property at all reasonable times to perform any duty imposed on the manager under this article, and to enforce the provisions of this article. Upon the failure to comply with the notice of abatement by the designated compliance date, and if the property owner or occupant has not appealed the notice as provided under MPMC 8.05.100, the following steps may be taken if the nuisance property is plainly enclosed to create privacy and prevent access by unauthorized persons:
1. If the nuisance property is occupied, the manager shall first present proper credentials and demand entry to cause the nuisance to be abated. If the entry is refused, the manager may attempt to secure entry by any legal means.
2. If the nuisance property is unoccupied, the manager shall first make a reasonable attempt to locate the owner or occupant and demand entry. Such demand may be included in the initial notice sent to the owner or occupant under MPMC 8.05.090. If entry is refused, the manager may attempt to secure entry by any legal means:
a. If the manager has first obtained an administrative search warrant to secure entry onto the nuisance property to abate the nuisance, no owner or occupant shall refuse, fail, or neglect, after proper request, to promptly permit entry by the manager to abate the nuisance.
b. It shall be unlawful for any owner or occupant to refuse to permit entry by the manager to abate nuisance under this article after an administrative search warrant has been obtained. Any violation of this subsection is punishable upon conviction by a fine of not more than $500.00 and a jail sentence of up to six months.
3. If the nuisance is not removed and abated, or cause shown, as specified above, the manager may cause the nuisance to be removed and abated upon issuance of an administrative search warrant.
a. Nuisance Abatement. If the nuisance is not removed and abated, or cause shown, as specified above, the manager may cause the nuisance to be removed and abated.
b. Warrants. The manager may request any circuit or municipal court judge to issue a nuisance abatement warrant whenever entry onto private property is necessary to remove and abate any nuisance.
c. Grounds for Issuance of Nuisance Abatement Warrants.
i. Affidavit. A nuisance abatement warrant shall be issued only upon cause, supported by affidavit, particularly describing: the applicant’s status in applying for the warrant; the ordinance or regulation requiring or authorizing the removal and abatement of the nuisance; the building or property to be entered; the basis upon which cause exists to remove or abate the nuisance; and a statement of the nuisance to be removed or abated.
ii. Cause. Cause shall be deemed to exist if there is reasonable belief that a nuisance violation exists, as defined in this article, with respect to the designated property, and that the property owner has been given notice and an opportunity to abate the nuisance, and has not responded in a timely fashion.
d. Procedure for Issuance of a Nuisance Abatement Warrant.
i. Examination. Before issuing a nuisance abatement warrant, the judge may examine the applicant and any other witness under oath and shall be satisfied of the existence of grounds for granting such application.
ii. Issuance. If the judge is satisfied that cause for the removal and abatement of any nuisance exists and that the other requirements for granting the application are satisfied, the judge shall issue the nuisance abatement warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered, and a statement of the general types and estimated quantity of the items to be removed or conditions abated. The warrant shall contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or, where the judge has specifically determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.
iii. Police Assistance. In issuing a nuisance abatement warrant, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and to assist the representative of the city in any way necessary to enter the property and remove and abate the nuisance.
e. Execution of Nuisance Abatement Warrants.
i. Occupied Property. Except as provided in this subsection B, in executing a nuisance abatement warrant, the person authorized to execute the warrant shall, before entry into the occupied premises, make a reasonable effort to present the person’s credentials, authority, and purpose to an occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property the warrant or a copy thereof upon request. A copy of the warrant shall be left with the occupant or the person in possession.
ii. Unoccupied Property. In executing a nuisance abatement warrant on unoccupied property, the person authorized to execute the warrant need not inform anyone of the person’s authority and purpose, as prescribed in subsection (B)(3)(e)(i) of this section, but may promptly enter the designated property if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be in such condition. In such case, a copy of the nuisance abatement warrant shall be conspicuously posted on the property.
iii. Return. A nuisance abatement warrant must be executed within 30 working days from its date of execution. After the expiration of the time prescribed by this subsection, the warrant, unless executed, is void. [Ord. 2009-6 § 8, 2009.]