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About Albany daily democrat. (Albany, Or.) 1888-192? | View Entire Issue (July 7, 1891)
SctUtj democrat An ordinance to amend lections 3, 7, and of ordinance No 309 entitled "An ordinance to provide for the prevention and removal nuisanrcs and to punish those who allow 1 maintain them, and to provide bow the costs and expenses of abating such nuisances shall be collected and paid, and to define what shall constitute a nuisance within the limits of the city of Albany." Approved by the n.ayi April to, IS91. The people of the ci'y of Albany do ordain as rouows: Section i. That Section 3 of ordinance JNO 209 entitled "An -ordinance to provide tor me prevention and removal ol nuisances and to punish those who allow or maintain them and to provide how the costs and expenses of abating such nuisances shall be collected and paid, and to define what shall constitute nuisance within the limits of the city of At' bany," Approved by the mayor April 16, 189 be and the same is hereby amended so as to read as follows: Section 1 No person or persons shi permit, or suffer to accumulate in or upon any yard, lot, place or premises, or upon any street, alley or sidewalk adjacent to or a butt ing upon any lot, block, place or premises. owned or controled by him or them, or for which he or they may be agent or agents witniu the city or Albany any stagnant or im pure water, refuse vegetables, decayed or de caying substances, garbage, manure or filth of any kind, nor suiter such lot. place or prcm ues to re or remain in such a condition as to cause or produce or create any noisome offensive smell or atmosphere, or, thereby to be, become or cause or create or produce a public nuisance, nor shall the owner or owners or any person or persons in the possession or control of any lot or premises in said city of Albany abutting upon any street or alley tnerein, erect, construct or place in or upon, or suffer or permit to be erected, constructed or placed in or upon, or suffer or permit to remain in or upon any portion of such street or alley so aDutung upon such lot. or premises, any building, or structure or thing belonging to or under the control or in the posession of such person or pc-sors whereby the public use of such portion of such street or alley is or may be obstructed or impeded; Provid ed, that no person shall be prosecuted for a violation ol 1 ins section, unless such violation shall con tinue for five days after he or they have ceived tlw notice provided for in Section 7 of said ordinance iNo 209. Section 2. That Section 7 of said ordi nance No 209 be, and the same is hereby amended 90 as to read as follows: Section 7. Whenever the marshal of said city shall be informed of the existence witntn me limits 01 said cay 01 any nuisance prohibited by Sections 3 and 4 of this onli ne nee, he shall immediately make or cause to be made, on examination of the yard, lot, street, alley, sidewalk, place or premises on which it is charged that such nuisance is suffered or permitted to exist, and if a nuisance is lound to exist thereon, or to exist upon any street, sidewalk or gutter adjacent to or abutt ing on any such yard, lot, place or premises. unless it shall be necessary in order to abate such nuisance to fill up or dram the p roper 1 7 on which the same is situated, ne shall forth wun give to either the owner aent or occu pant or person or persons in possession or control ot such yard, lot. place or premises or to all of them, a notice to remove or abate sucn nuisance within 5 days of the service of such notice upon such owner, ocrupant or agent or person or persons in such possesion or control, and 11 such nuisance is not remove I at the end of 5 days lrom the service of such notice on such owner, occupant, agent or person or persons in such possession or control. the marshal shall cause such owner, occupant agent or person or persons in such poession or control, to be arrested lor suffering or permit ting such nuisance to exist, and if he or they be convicted before the recorders court there for, the marshal at once thereafter cause the ame to be removed, and he shall be and he is hereby authorized to remove any and all ob structions that it may in his judgment be ntcessary to remove in order to reach and re move or abate such nuisance, The expense of the removal of any such nuisance by the Marshal shall be paid by the city in the first Instance, but In case the author or continuer of such nuisance Is the owner or occupant or person In the possrsston or control of the property whereon or abut ting which such nuisance exists, the costs and expenses of the removal thereof shall be taxed to such owner or occupant or per. son or persons In such possession or con trol as part of the costs and expenses in such cause and be recovered by the cltv from such owner or occupant or person or persons In such possession or contiol no tified an herein provided. .The Recorder shall tax such costs and expenses as soon as they are ascertained, and if such costs and expenses are not paid, when so taxed against such owner, occupant or person or persons in such possession or control, within 5 days after such taxing, the Re corder shall forthwith thereafter enter a statement of such costs and expenses on the book of city liens; such statement shall contain the following matters In re lation to the removal and abatement of such nuisance: 1 1. A particular description of land whereon or abutting which such nuisance I existed. 2. The amount of the costs and expenses of the arrest and conviction of the author or continuer of such nuisance. 3. The names of the owner and occu pant or person In possession or control of the land whereon or abutting which such nuisance existed. 4. The amount of the cots and expenses cf the removal of such nuisance by the Marshal. From the date of the entry of such state ment on the book of cltv liens, such costs and expenses shall be and constitute a lien on or against the tract of land or prem ises described in such statement and such lien sha'.l be enforced against such land or premises In the same manner a id with like effect as provided In the charter and ordinances of said city for the enforcement of Hens on real proper'. in said city for street Improvements. Provided, that if any such nuisance so found to exist, be In "or upon the part of any street or alley In said city abutting upon auy lot or premises owned by or in the possession or control of the author or continuT of such nuisance, the marshal may proceed In his discretion to abate or remove the same In the manner In this Section above provided, without the arrest ; or conviction of the author or continuor of fcuch nuisance, and the abating such nui sance by the Marshal shall be taxed n- gainnt such author or continuer of such r. 11 i mi nee by the Recoider as soon as as certained, and If such cots and expensed arc not r aid within 5 davs thereafter the Recorder shall forthwith enter a state ment of inch costt and expenses In the book of city Hens. Such statement shall contain the following matters and things First. A particular description of the lot or premUes abutting sucn street or aney whereon such nuisance existed. Second. The amount of the costs and expenses of removing such nuisance. Third. The name of the owner or occu pant or person In possession or control of such lot or p rem 1 e ana wno is uic au thor or continuer ot sucti nuisance. From the date of theentry of such state ment in the book of city liens, such costs and expenses shall be and constitute a Hen on or against the tot or premises aescriDvu In such statement, and such lien shall be enforced against such lot or premises in the same and with like effect as provided in the charter and ordinance ot s.titt city for the enforcement of Hens on real estate in said city for the collection of the costs and expenses of street improvements therein. Section 3. That Section o of said or- dinance, No. 209, be and the same is here by amended so as to read as touows: Section q. All accumulations in or up on anv vard. lot, or place or premises or upon anv street, sidewalk or alley adja cent to or abutting upon any lot, oiock. place or premises witntn the limits ot said city of Albany, of any stagnant or impure water, reluse vegetnuies,uecayea oruecay inc substances, garbage, manure or filth oftany kind, from which a noisome or of fensive smell or atmosphere shall aise,and all buildings, structures, and awnings within the limits of said city, which shall become so much injured by fire, decay or on account of defective material used In the construction thereof, 'or from any other cause as to be dangerous to sur rounding property ,or in danger of falling, and all privies belonging to or appertain ing to any house, store, building or prem ises In said city, which are or shall be kept In such condition or manner ls to cause a noisome or offensive smell or atmosphere to arise therefrom or to be offensive to de cency in any manner, and any building, house or structure or thing Ntandiug or being in or upon any street or alley in said city in such a manner as to obstruct or in ny manner impeae me puouc use 01 sucn 6treet or alley or any part of either, are hereby declared and defined to be nui sances. The notice provided for in regard to the abating and removing of nuisances n said cltv shall be in writing and snail contain a description as accurate as may '. be of the lot or premises on or abutting which such nuisance exist, ana also an ac curate description of the nuisance sought to be abated, and if the same or any part thereof is in or upon any street or allev In said city, a .description of the portion thereof where such nuisance exists and hall command the owner, agent, occupant or person in the possession or control of le :ot or premises upon or aoutting which such nuisance exists.or al I or any of them, to remove or abate the same within 5 days rom the service ot such nonce upon anv or all of such persons. 5uch notice shall sighed by the Marshal and shall be served by him In the following manner: 1. By delivering a copy thereof pre pared and certified by him, to such ownei, cent, occupant or person in such posses sion oi control, or to all or any of them, it such persons or any of them can with reasonable dillieencc be round within the corporate limits of said city of Albany. it alter reasonaoic diiugence the Marshal shall be unable to find any of the persons named in subdivision 1 of this Section within the corporate limits of said city, to some person of the family, above the age of fourteen years, at the dwelling house or usual place of abode of any or all of such persons in said city. 3. when service 01 such notice cannot be made as provided in subdivisions 1 and ot this Section, the Marshal shal serve the same by depositing in the post office. at the city, ot Albany, wregon, a copy ot such notice prepared and certified by him- If, duly stamped and directed to any or an ot the persons nameu in said suoul- isions x and 2 ot thu section, at his or their place or places of residence respect- vely unless such residence is out ot the srate ot Oregon, and in mat event such notice shall be served upon such owner, agent, occupant or person in possession or control of such lot or premises bvpublish- g the same al least once a week tor four consecutive weeks In some newspaper published in said city and ot general cir culation therein and In Linn county, Or egon. 4. 1 he proof ox the service of such no tice, or of the deposit thereof In the post- omce, snail oe Dy tne antuavit 01 the Marshal. In case of service of such notice by ubllshlng the same as provided In subdi Ision of this Section, the proof thereof shall be the affidavit of the printer or his email, or his principal clerk showing the same. The proof of the service of such notice all be attached to the original thereof d be hied in the omce of the Recorder said city where such notice and proof shall remain in the custody of the Re corder as a perpetual record. Section 4. ThU ordlcance shall be in force and effect from and after five ys from its approval by the Mayor. Passed the Counc '! June 24th, 1891. Approved, June 26th, 1S91. MP r lillJi'slisiiil! Do Yon Want Sim Cite? IF SO YOU CAN'T READ THIS Without being Interested. There will be for the Month of June, a Genuine OF SUMMER GOODS, Liibt fault (Mini. Soiier FnrnisMnfx M, Hats, Sloes, and all M of HOT WEATHER E- Wearing Apparel Now in My Store. He has received a large and choice stock of stiring I). Goods, new styles and shades. Wash fabrics, consiBtb glllgllUlUS, otvl BvlVivUl b, euhz-viu uitu vuuiliuia. COIflt assortment of whilo goods, flouncings, hosiery, eoJ gloves, ladies and children s shoos. Clothing for thegp- i. 4 i i i . . i j irauo. jy lurgu aim twmjjiuiu uBDui uiiuiii ior men if youth's. Boots, shoes, hats,' caps and furnishing goods,! if you want tho best bargains you will havo to eall on F t We are the People Who carry the most complete line of Hard ware, Stoves, Ranges, etc., in the market. MATTHEWS & WASHBUi TI LADIES BAZAA Ia tin Lending and Fancy Goods Stoie of H a SSI rsa a w Tfle Lsaflii dottier m irtteil Tit Thn.. rorrv ill ihr iciest Stvles find Novelties in the Millinery line, ir; a complete stock ot Ladies and Children' Furnishing Roods, and readvmiii garments. Uoods the best, and prices the lowest. Call ana be convir FIRST STREET. -: :- FItOMAN BLOCJ PATRONIZE HOME INSTITUTIONS. W FARMFRS & 'MERCHANTS INSURANCE C6.J , Oregon. J O W RTT.S.M AN. SeottUn. Geo F SIMIWON, Vice I'resldmt. full da IOST. Throe record hoaksot Tangent i M f, church, south, between Tan Mu.it and Hrownsville, on the Ward', Unite road, on June IA, 1801. Will pay flndcrfor trouble. W. U. Howard. Tan gout, Or. l'.stor H fONEY TO LOAN. In small anil IX 1 larce amounts, from six months to live yeais, on good Albany and Linn count v real estate. Call on or address W E Mol'herson, First St., Albany, Or. Vmo ciiAxcK Fon some body In make mnnoy, Tba boat paying rwtanraut III Eugene for sale, as the owner is going to retire from business for some time. Any person desiring Infor niatton regarding this business, O B Uorrla, attorney nt law. or J K Dixon, prop, Engeiis, Oregon, 111 WIS BEER! TRIEjlil Albany, W F READ, President. J L COWAN, Treasurer. DinEOToits- J L Cowan, Geo F Simpson, W V Road, Pr L Foley, M Sternberg, J w Rune j K eatnerioru, noatranan, j w nnisumu. A1.S0 DI9THICT AOESTS FOR Oakland Home Insurance Co, Oakland, Cal. Traders, ChleiE American, Philadelphia, Pa. Pliconli, London, F;nglsti, Norwich Union, London, Eng. London A Lanehashire, London, Eng. Guardian, London, Eng. Man chester, Manchester, England. Caledonian, Kdi.iburg. Scotland. Wescbesler, ' Now York. ONLY STRICTLY INSURANCE OFFICE IN ALBANY. - Fruit Raising: in the Willamette Valley Pays 100 Per Cent, on the Investment. HOW DO YOU DO There ie doibt Ibtt I NEW- Stoek of SILVERWARE. eomliUoK spoons, knives, firks,frultlltbi,! gold and silver watehts, Iswel r etc, is the largest and ben in theclty, and Byfirthi best ever brought I to Albaht. PRICES the Most Reasonable. Call' and See the .GOODS SPLENOiD FARM FOR SALE. iC5a ACKKX. 110 ACRES IS I grsin, 17 In crn and roots, 40 In linioil y. Well fenced and seeded to erase, well watered; good soil, no grtvel. 90 head ealtlc, bo bogs, 4 horses, farm lm pleineuts, large house, large ntw barns, good school and church near house, on place: Fruit of all klnda- S miies to .ostolllce and atore, fi miles from 5Maton and 'Hi miles south cf Kings atxiinnnn the Oioiinn I'aeilio raiinad ru,.. I be dlvldod tuto three or f.:ur farms with county road to each. Place with ovo-y thiuvr j'.'l per a?re. Tonus casv. For further particulars apply on tho premises at Mt Piasni, I.ir.11 couitv, or nddrM H, P. M1LLKK. Sutvtou, Oregon. (2jj Ten and Twenty acre Farms, all in nnitf.! Fruit, within Seven miles of m n JT.i TIT " "9afly to set to fourth Cash, Balance in Three equal Annual plvZ PQr acre; one and Cultivated Three Tears for $l per acre Tor p S8t t0 Fruit tion send for Pamphlet to Fr 1 urther Informa- The Oregon Land Company, ITT DRUG STOKE c Pfeiffer Block, Stanard & Cusick, 5 PsormisTosi." Drugs, Medicines, Cliemleslfi P and Toilet Articles.Sronge'.B""11"' Perfumery, Sohool .'Booki, na Artists' Supplies. rhynlclnna preierlptioi" - Inlljr compounded. J. A. Camming. it. you want the beel and most durablo furni ture that ia manufactu. ed in the city go to THOMAS BRINK'S An PHOTOGRAPHER, Cor Second amlKerrv St . t. all kiiitls a spTOlalty, 1 '"'"glng 0 WaU Paper Oniffs, Paints. OU o - ALBANY, 0REGOfl