17.41.020 Definitions.
(Amended by Ordinance Nos. 173369 and 182760, effective June 5, 2009.) For purposes of this Chapter 17.41:
A. “Costs” means any costs, direct or indirect, incurred by the City in the abatement of a landslide. Costs may include, but are not limited to, those associated with the removal of debris, traffic control and barricading, engineering, construction, erosion control, reforestation, restoration and repair of existing public facilities, City overhead as provided in 5.48.030, and City Auditor’s charges established in 17.12.020 B.
B. “Landslide” means any detached mass of soil, rock, or debris that is of sufficient size to cause damage and moves down a slope or stream channel.
C. “Owner” means the person or persons shown on the most recent property tax records.
D. “Responsible property” means the property or properties abutting that portion of the public right-of-way on which materials have been deposited by a landslide, or property or properties which has caused the instability of the public right-of-way.
17.41.050 Abatement.
(Amended by Ordinance No. 176955, effective October 9, 2002.)
A. The owner of the responsible property is required to abate the
landslide.
B. Abatement of a landslide includes:
1. Immediate work necessary to remove the debris from any areas
where it would constitute or create a hazard to the public and to temporarily
stabilize the slope; and
2. Permanent stabilization of the slope, as necessary, through
engineered solutions such as retaining walls or riprap. Plans and
specifications for permanent stabilization shall be prepared by a professional
engineer registered in the State of Oregon and shall be approved by the City
Engineer.
C. If summary abatement is not directed, the City Engineer may post
notice on the responsible property of the requirement for immediate abatement,
including dates by which the abatement must be commenced and completed. Such
notice shall also be mailed to the owner and/or occupant of the responsible
property. If the abatement is not commenced or completed within the time
provided in the notice, the City Engineer may cause the landslide to be abated
and the costs assessed against the responsible property.
D. Where necessary, the City Engineer may also post and mail notice
regarding the requirement for permanent stabilization of the slope. Such notice
shall include the date by which plans for such permanent stabilization shall be
submitted to the City Engineer. If such plans are not submitted by the stated
date, the City Engineer may cause the permanent stabilization portion of the
abatement to be accomplished and the cost assessed against the responsible
property.
E. Before beginning any work in the right-of-way, the owner of the
responsible property shall obtain the permits required by Chapter 17.24 of this
Code.
F. A building permit shall be required for permanent stabilization
work performed on private property. Such permits shall be approved by the Bureau
of Development Services and the City Engineer.
G. If at any stage of the abatement, the owner of the responsible
property fails to comply with the requirements imposed by the City Engineer, the
City Engineer may cause the abatement to be completed by the City and the cost
assessed against the responsible property.
H. If there is more than one responsible property, the City Engineer
shall apportion all costs incurred by the City in abatement based on the front
footage of the slide area in the right-of-way.
I. Nothing in this Code shall be deemed to prevent a party required by
this Chapter to pay for abatement of a landslide from exercising any rights her
or she may have against the party or parties who may have caused the
landslide.
