Nuisance/Abatement & Enforcement: The rest of the story

Lakesideinfo.com Editorial

We had planned on doing a story of the regular July city council meeting and the Nuisance/Abatement Ordinance that was passed. But, since many in and outside of the community have contacted Lakesideinfo.com with questions concerning the Nuisance/Abatement Ordinance, enforcement and its passage and because of what they are reading in a local tabloid, we decided to do in depth research, encompassing some history of similar ordinances signed into law in the past.

Lakesideinfo.com has a responsibility to debunk attempts made to sensationalize, anger and turn citizens against our city government and against each other over this issue. We supply our readers with links, quotes, and supplemental information.

Government does bear watching by the governed, that is what our ‘founders’ had in mind since our countries beginning. Every citizen has a responsibility to ferret out the truth, and the press has the responsibility to truthfully report the facts as much as is possible. If, and when, neither is done, innocent people can be excoriated. No one really wants that to happen, do they?

Attorney recommendation

The city of Lakeside is following the recommendation of City Attorney Fred Carleton, to amend an out of date and (according to Carleton) an unenforceable existing Nuisance Ordinance.

The City Council, directed the City Attorney to draft a new Nuisance and Abatement Ordinance, which he has done. The past mayor Orville Nelson signed into law Ordinance 09-267, October 8, effective November 8, 2009.  It was modeled to conform to all state and federal laws.

A key part of any ordinance is the enforcement clause, which was met with the passage of Ordinance 10-269 at the July 8, 2010 city council meeting.

The councils action is not a new procedure, case in point, check the enforcement clause of Lakeside’s 2005 sewer ordinance ORD 05-252 Sec. 45 & 46 respectively, signed into law by then Mayor Ed Gowen, which allows a $500 a day fine, and or a criminal fine of $500 or 100 days in jail, for violating said ordinance.

Both ordinances are critical to the health and well being of all citizens

Both ordinances attempt to prevent violations that could endanger the health and safety of the citizens of Lakeside.  Should the discharge of hazardous chemicals, or objects into our sewer system be allowed? Should the accumulation of junk, noxious weeds at residences that attract vermin, or an attractive nuisance like abandoned refrigerators that children could be trapped in on private property be allowed?

Since the passage of the ordinance there has been a calculated attempt to misinform and misrepresent the facts of the ordinance to citizens in what appears to be a blatant attempt to foster unwarranted community anger toward the current Lakeside city council and mayor.

For one to believe what is being circulated you would have to believe that the City Council, as a group, the City Attorney, and the City Administrator, are purposely passing an ordinance which would not only violate the Constitution of the State of Oregon, but also the Constitution of the  United States.

No ‘warrant less’ access allowed

Ordinance 10-269 does not allow warrant less access to private property, as has been purported. In fact, the Right Of Entry section 1.16.111 (Authority to inspect) says, “ If any owner or agent refuses permission to enter or inspect, the enforcement official may seek an administrative inspection warrant”. i.e. they have to get a search warrant before entering your property without your consent.

The landlord tenant law is not germane

An example of the“Landlord Tenant Law” has been sited by the local tabloid, but it does not apply to this ordinance. It only applies to landlords and their renters, ORS90.322. However, state building codes and land use laws do apply.

Failure by any city to enforce uniform building codes and land use laws can carry a massive fine which could be imposed by the state.

Posted, as law dictates

The proposed ordinance was posted at the Lakeside Post Office, as required by law and the City Charter of Lakeside was followed in the method of passage. Refer to Chapter VIII Sect. 33 Enacting Clause and Sec. 34 Mode of Enactment.

Be aware, there are those who cannot promote their personal agendas with the truth, so they concoct, mislead, and manipulate by means of the ‘lie’.

The City of Lakeside and the current council are following the Oregon Administrative Rules (OAR) and building codes, as adopted in city Ordinance 206 signed into law by past Mayor Peter Schnoover in 1997. The new ordinance reduces the fine from a $1000 a day to $750 a day, “the goal is to encourage compliance with the law, not to collect fines.” stated Attorney Carleton.

It is plain that past city councils and mayors passed the same necessary ordinances and signed them into law.  This includes the most recent mayors Ed Gowen, and Orville Nelson, whose ordinances contained much heftier penalties than those proposed by the current council and mayor.

It seems we are still faced with those in Lakeside that want their “good ole boy”power structure back through creating chaos with a shamefully inaccurate “newspaper” by Jessica Lloyd-Rogers.