Code Enforcement

Code Enforcement - FAQs

FREQUENTLY ASKED QUESTIONS:

What is Code Enforcement?

Code Enforcement is responsible for the preservation of neighborhood livability. This is done through education and enforcement of the municipal ordinance. The Code Enforcement Department is primarily oriented to ensuring public compliance with City ordinances and State codes, rules and similar regulations through negotiating voluntary compliance.

What does Code Enforcement do?

Code Enforcement investigates and, if needed, enforces the Milwaukie Municipal Ordinance. We will notify a property owner of the violation occurring on their property and work with them to bring the property into compliance. At times compliance is not reached and this may lead to enforcement. The enforcement can include a citation requiring appearance in Municipal Court. This citation may result in a civil penalty being imposed, (similar to a fine), and possibly the City abating the violation at the property owner's expense. Code Enforcement will also attend neighborhood meetings, give presentations, and address neighborhood problems that may be specific to a given area. In addition Code Enforcement is responsible for the downtown-parking program. This includes monitoring City-owned, or leased, parking lots and the on street parking in the downtown area for violations of the parking ordinance. If violations are found a parking citation will be issued.

What is a Code Violation?

A code violation is a condition or situation that is in violation of the Milwaukie Municipal Ordinance.

What are the most common types of violations Code Enforcement deals with?

The majority of violations fall under our nuisance codes. Some examples of these would be:

Weeds and Noxious Growth

Section 8.04.110 Weeds and noxious growth— Dead or decaying trees or tree limbs.

The following things, practices or conditions on any real property are nuisances. For purpose of this section, “real property” includes any portion of a right-of-way adjacent to the real property.

A. Grass, thistles cockleburs, brambles, wild blackberry bushes, weeds or other noxious vegetation greater than eight inches in height, that have gone to seed or that are a fire hazard.

Debris on Private Property

Section 8.04.120 Scattering rubbish and composting.

A. No person may throw, dump or deposit upon public or private property any injurious or offensive substance or any kind of rubbish, trash, debris or refuse which would mar the appearance, create a stench or detract from the cleanliness or safety of such property, or would be likely to injure an animal, vehicle or person traveling upon a public way.

B. No person may compost materials which either cause offensive odors, or create a health hazard, or are capable of attracting or providing food for potential disease carriers such as birds, rodents, flies or other vectors.

Overhanging Branches

Section 12.12.010 Overhanging shrubs or trees.

A. It is made the duty and routine obligation of all owners or occupants of land adjoining any street or sidewalk in the city to trim overhanging shrubs or trees and to remove any growth or fixed object which creates an unreasonable risk of harm to any person or property.

B. It shall be unlawful for the owner or occupant of any real property in the city to permit any tree, shrub or any fixed object located on the real property or the abutting right-of-way to overhang any sidewalk within the city at a height of less than eight feet; or to overhang any other traveled portion of any street within the city at a height of less than twelve feet. Trees, shrubs and any growth or fixed objects which are not trimmed or placed so as to meet the above specifications shall be deemed to present an unreasonable risk of harm to persons or property.

Vision Obstructions at Intersections

Section 12.24.030 Clear Vision at Intersections - Requirements.

A. No person shall maintain, or allow to exist on property which they own or which is in their possession or control, trees, shrubs, hedges or other vegetation or projecting overhanging limbs thereof, which obstruct the view necessary for safe operation of motor vehicles or otherwise cause danger to the public in the use of city streets. It shall be the duty of the person who owns, possesses or controls the property to remove or trim and keep trimmed any obstructions to the view.

B. A clear vision area shall be maintained on the corners of all property adjacent to an intersection as provided by Section 12.24.040. C. A clear vision area shall contain no planting, fence, wall, structure or temporary or permanent obstruction, except for an occasional utility pole or tree, exceeding thirty inches in height, measured from the top of the curb, or where no curb exists, from the street centerline grade. Trees exceeding this height may be located in this area; provided, all branches and foliage are removed to the height of eight feet above the grade. Open wire fencing that does not obscure sight more than ten percent is allowed to a maximum height of six feet.

Can I remain anonymous?

Confidentiality cannot be guaranteed. If this is a concern, process the complaint as anonymous. If the person placing the complaint refuses to provide a name, address, and/or phone number, the person receiving the call will explain that the compliance person will investigate the anonymous compliant but if additional information is required to follow up on the complaint, we can be more effective in our investigation if the caller provides their name, address, and/or phone number. A site address of the location of the alleged violation must be provided if the name of the complainant is not provided. We cannot guarantee anonymity to any complaint that provides a name.