5.07.040 Abatement of chronic nuisance.
A. A chronic nuisance is a public nuisance and may be enjoined or abated as provided by this ordinance.
B. An action to enjoin or abate a chronic nuisance within the City may be brought on behalf of the City by the city attorney. The action shall be brought in any court of competent jurisdiction, including the Beaverton Municipal Court. The action shall be commenced and the complaint shall be served as provided in ORS 105.565(1) and 105.565(2). However, no action to enjoin or abate a chronic nuisance under this ordinance may be commenced against a government or governmental subdivision or agency, including a county, city or special district. The trial of any action to enjoin or abate a chronic nuisance shall be by the court without a jury.
C. A pleading to enjoin or abate a chronic nuisance may include an additional or alternative count or claim that a person has violated BC 5.07.030 and is subject to the penalty provided under BC 5.07.035(A).
D. A person residing or doing business in the City may not bring an action under this ordinance on behalf of the City to enjoin or abate a chronic nuisance. However, nothing herein limits any statutory or common-law right of a person to bring an action or other proceeding on the person’s behalf related to such chronic nuisance.
E. If the existence of a chronic nuisance is established in an action under this section, the court may enjoin the use giving rise to the chronic nuisance and abate such use as a public nuisance. The court issuing any injunction or abatement order shall retain jurisdiction over the subject matter and parties of the case for all purposes connected with the subject matter in dispute.
F. The court may enjoin or abate a chronic nuisance under such terms and conditions as it deems appropriate. An order, decree or judgment enjoining or abating a chronic nuisance under this section shall be in writing. The court shall prepare written findings of facts and conclusions of law to support the relief granted under this section to remedy the chronic nuisance.
G. An order enjoining or abating a chronic nuisance may direct that for up to 180 days, unless sooner released, the premises be closed and that the person in charge of the premises or their agent secure the premises against all use and occupancy.
H. In determining the appropriate means to enjoin or abate a chronic nuisance, and in addition to any other factors the court deems relevant, the court shall consider the following:
1. The nature and location of the chronic nuisance;
2. The frequency of the conduct constituting or principally contributing to the chronic nuisance;
3. The effect of the chronic nuisance upon the enjoyment of life, health and property on members of the community;
4. The efforts of any person in charge of premises to prevent, mitigate or eliminate the chronic nuisance;
5. The actual results of any actions taken by any person in charge of premises to prevent, mitigate or eliminate the chronic nuisance; and
6. The cost to the City of investigating and correcting or attempting to correct the chronic nuisance, including bringing an enforcement proceeding. [BC 5.07.040, added by Ordinance No. 4020, 7/20/98]