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About The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898 | View Entire Issue (Aug. 7, 1891)
MAYOR..-..1 ZZ..X A. M1I.LKR.
KEt'OHDKK UKO. KICK.
TKKAfcHTliKK J. A. UOHKRTS.
JJAUSHAL K. B.COYLK.
j U. M. WIWlFAt
JOS. ELK I No.
City Council niMtoon the first aud third
Tuesday evening of eacu montli.
City OrdiwmiiW, No, X
AN ORDINANCE to jwovide tor Uw prevention
aihl removal of nulMtices tad to punish
those who allow or maintain them, and to
provide how the costs and expenses of abat
tug mch nutUncM ihall be collected and
twld. aud to define what ahall conttirate a
nuisance within the llnilu of the city of
THE PKOPLK OF THK CITY OF LEBANON
DO ORDAIN AS FOLLOWS:
SECTION 1. No botcher or other perwa shall
kill or slaughter within the corporate limits of the
city of Lebanon, any animal, the fleih of which Is
intended to besold or offered for sale; aud no per
cou shall keep in any yard, pen or corral, within
the city Imita any sheep, beeves, swine or olher
animals, fur sale or to be slaughtered, tor a longer
period than three (S) days.
SECTION 2. No person ihall cast or leave w
eeDin.oi'unonoradjolniuirany street, lane, al
ley, square, or public place, or in any yard, lot,
block or premiws, withlu the city limits, any
bonea, putrid, unsound, unwholesome or refuse
beef or meat of any auiraal whether suited or out
wise or any hides or sklna of any kind, or the
whole or any part of any dead animal or fish, or
any stagnant or impure water or unsound, pmrw
r unwholesome substance or the offal, garbage,
or the offensive part of any animal or animals.
SECTION 3. No persou or persons shall permit,
orHulfertoaccQuiulatelnorupon any yard, lot,
place or premises, or upn any street, alley or side
walk adjacent to or abutting upon any lot, block,
pUeeorpremiiKsownedorcoutrollcd by him or
them, or for which Iw or they may be ment or a
gents, within tho city of Lebanon any stagnant or
impure water, refuse vegetables, decayed or de
caving substance, garbage, manure or mm oi an
kicd. nor suffer such lot, place or premises to be
or remain in such a condition a to cause or pro
duce or create any noisome or offensive smell or
atmosphere or thereby to be, become or cause or
civile or produce a public nuisance, nor snan w
owner or owners or any person or psrsons, in the
eoutrol or powt&Mon of any lot or premises in said
eity of Lebanon, abutting upon any street or alley
therein, erect construct or plate in or upon, or
aufier or permit to be erected, constructed or
placed in or upon, or suffer or permit to remain in
or upon any pnrtfoii of such street or alley so abut
ting upon such lot or premises, any building, or
structure or thing belonging to or mwler the con
trol or in the posewion of such person or persons
whereby the public use or such portion ot sucn
street or alley is or ma; be obfttmuiedor impelled;
FBovtDKo thai no psrmn shall be prosecuted for
violation of this Section, unless such violation
1 shall continue for five days after he or they have
tecefved the notice provided for in Section 7 of
BBTTiON L No person who is the owner or oc
eiimmt or in the control of, or the agent for. any
house, store, building or premises, in the city of
Lebanon, to wbteh a privy or water closet snau oe
attached or belong or appertains, shall use or keep
tltu same in eh a condition or manner as to
cause a noisome or offensive smell or atmosphere
to arise therefrom so as to become a nubaix.
And all persons keapinp or having any privy or
water closet in the city limits shall use such disin
fectants therein will prevent such privies and
water closets irou giving off any noisome or of
SECTION & It shall be unlawful for any per
eon or persons to construct or cause to be con
structed or used, any privy or cepool under any
sidewalk in front of or adjoining any property
owned or occupied by him or them; and every
day such person or persons shall use or permit to
be iwed, such privy or cesspool, alter receiving the
notice provided for in Section 7 of this Ordinance,
almll be deemed anew and separate offense and
violation of thh Ordinance.
SECTION C. Wlieuevcrln the opinion of the
lUrahal any buiidiug, structure or awning, with
in the city limits, shall become so much injured
by nre, decay, or on account of defective material
wed in the construction thereof, or from any other
cause, as to be dangerous to surrounding property,
or in danger of falling down, the same shall be
deemed a nuisance and shall be by him bo de
clared, and he shall forthwithnle such declaration
with the Recorder, who shall read such declara
tion to the council at their next regular meeting
thereafter. Upon Die reading of such declaration
to the council if tltey declare such building or
structure to be a nuisauce by a resolution duly
passed by tiie cumu li lite Itccorder shall then fur
nish the Marshal with a certified copy f suobrew
Intion, to Deserved by bimupontheowncrofrtich
property, or his authorised agent incase thcowncr
thereof is absent from tlie city or cannot be found
therein. And any owner of such property or
building, or, in cose of the absence of such owner
from Uie city his authoriwd agent, fclwll fail, neg
lect or refuse to reiuwre or repair such buiidiug,
structure or awning for two davs after being so
ordered so to do liy the Marshal shall be deemed
guilty of a mwdtmeanor, aud upon conviction
thereof before the Kecorder's court shall be fined
not les than nor more than $'i0 or be imprison,
etl in tho city jail uot less than two days nor more
than twenty-live days at the discretion of tne Ue
$ conler; and each day that wich building, awning
orstruccureshsllMtstaud.ulter such conviction,
sluiil be deemed ft new and separaut otlense. -.
SECTION 7. Whenever the Murhttl of said city
. shall be Informed of the existence within the lim
its of the eKy of any nuisance prohibited by Sec
liuns3aud 4 of this Ordnance, he shall iuiuiedf
juely make or taiwe to be mode an examination
ot the yard, lot, street, alky, sidewalk, place or
premises on which it is'.liarged that such nuisance
is suttercd or permitted to exist, awl if a nui&ouvc
is found to exist liit-rcon or to exi-t upon uuy
struct. sWetfulk or KiiWcr adjacent to or auutllug
on any such yard, lot, pjwfe or premises, unlet it
chilli be fle(ary in order to abate such nuisance
to lill up or diKiii the property on which the same
is situated, ho iull forthwith give to either the
oMiwr, ttgiiiJl. oriM'eupiuitm'iwiMmoritfrKfiis in
Hie pwivi or control of such yard, lot, pkceor
pf-iuU ur lo nil, or oil !isr of thcni, aunt fee to re
move HtM'I) jwLvtnve within live (') dtys from the
terviev otsu'ti iw ivf upon such uwutr, .usnt or
a-ciiiufji or ir-wHi or perroiiM in siH'h pu.K,)lon
it: conntil, add if such nuisance is uot removed at
tho end of live days from the service of such no
tice on such owner, occupant, agent or person or
persons in such pessesaiou or control, the Marshal
shall cause wich owner, occupant, agent or person
or pemum In such possession or control to be ar
rested for stuterlug or Dermlttlng such nuisance to
exist, aud if he or they shall bo convicted before
the Recorder's court therefor, the Marshal shall at
once thereafter cause the same to be removed and
he shall be and he is hereby authorised to remove
any and all obstructions that it may be necessary
In his Judgement to remove in order to reach and
, remove or abate such nuisance. The expense of
the removal of such nuisance by tho Marshal shall
be paid by the city in the nrst instance, but lu
the author or coutinuor of such nuisance Is the
owner or occupant or person hi the poMWsslou or
control of the property whereon or abutting which
such nuisance exists, the cost and expenses of the
removal thereof shall be taxed to such owner or
occupant or persou or persons lu such possession
or control as part of the coats and expenses In snoh
cause and be recovered by tho city from such own
er or occupant or person or persons in such pos
session or control notified at herein before provid
ed. The Recorder shall tax Mich costs and ex
penses as soon as they are ascertained and if
such costs and expenses are not paid w hen to tax
ed against such owner, occupant or person or per
sons In such possession or control within Ave days
alter such taxing, the Recorder shall forthwith
thereafter enter a statement of such costs and ex
penses on the book of city liens; aucb statement
shall contain the following matters aud things lu
relation to the removal of such nuslance:
1. A particular description of the land whereon
or abutttdg which such nuisance existed.
i. The amount or the cost and expenses of the
arrest and conviction of the author of such nui
8. Tito names of the owner and occupant or
person Ui control or possession of the property or
land whereon or abutting which such nuisance
4. The amount of the costs and expenses of the
removal of such nuisance by the Marshal.
8EOTION8. From the date of the entry of such
statement on the book of city Uens such costs and
expenses shall be and constitute lien on or a-
gainst the tract of land or premises described in
such statement aud such lieu shall be enforced in
the same manner aud with like effect aa Is pro
vided in the charter and ordinances of the city
for the enforcement of lieu on real property in
said city for street Improvements; provided that
any such nuisauce so found to exist in or upon the
part of any street or alley in said city abutting up
on any lot or premises owned by ir In the posses
sion or under the control of the author or con tin
nor of such nuisauce, the Marshal shall proceed
in his discretion to abate or remove the tame In
the manner fn this Section provided, without the
arrest or conviction of the author or contiuuor of
such nuisance, and the costs and expenses of re
moving and abating such nuisance by tho marshal
shall bo taxed against such author or eonltouor of
such nuisance as soon as ascertained, and if such
costoand expenses are not paid withlu five days
thereafter the Recorder shall forthwith enter a
statement of such costs and expenses mi the book
of city liens as in the preceeding section provided.
Aud from the date of the entry of such statement
on the book of city liens such statenieut shall con
stitute a lien on the premises therein described for
the full amount of such costs and expenses of re
nioviug such nnisance and shall be enforced in
the same manner and with like effect that liens
for street improvements are enforced under the
charter and ordinances of the city.
SECTIONS. Whenever the marshal shall find
that any stagnant water oxists on any lot or lots
within the limits of the city to such an extent as
to cause a nuisance or to endanger the health of
the citizens of said city residing in the vicinity
where such stagnant water is situated aud tliat
fn order to remove the same from the Land where
on it is situated, It is necessary to ill I up or drain
the same, the marshal shall report that fact to tlie
council in writing at their next meeting, together
with a description of the premises upon which
such stagnant water exist, the name or names of
the owueror owners of such properly together with
bis estimate of the costs of making such till or
drain. Thereupon if the council shall adopt such
report they shall declare by resolution that such
stagnant water is a nuisance and that a necessity
for such nil or drain exists and state to such reso
lutions the reasons therefor. Immediately there
after tho Recorder shall deliver certified copies of
such resolution to the marshal, who ahull forthwith
serve the owner or owners of such land or ids or
their agent or agents with a copy of such resolution
certified to by the Kecerder and at tlie same time
notify such pcru, owueror sgent to fill or drain
such premises within u. tune specified in such no
tice which said time shall be fixed by the council
in the resolution declaring the necessity for such
till or drain, and if such owueror owners, his or
their ugeiit or agents fail or refuse lo make such nil
or drain within the time so fixed by the council,
which time shall not be less than jive days, then
tlie marshal shall let tlte contract lor such work
to Uie lowest responsible bidder alter first giving
five days notice, posted in three public places in
the city, of the tune and place of letting the con
trast for such work. When the contract is let the
work shall be done uuder the direction and super
vision of the marshal, and it shall be his duty to
see thotsuch work to dune as rapidly as possible.
When such work is finished the cost aud expense
thereof shall be immediately entered hi the book
of city liens in tlie same mauuer us prodlded in the
charter and ordinances for entering lions for street
improvements , and stch entry fchiill constitue a
IcnagainHtalloftheltiidupou which such stag
nant water existed, and such lien shall be euforced
agaiust such property in the same manner and with
like effect as a lien for street improvements.
SliCTf ON 10. All accumulations in or upon any
yard, lot or placeor premises or upon any street,
sklewalk or alley adjacenttoorabutting upon any
lot, block, place or uremtses within tho limits of
said city of any stagnant or impure water, refuse
vegetables, decayed or decaying substance, gar-
bage,manureorfllthof any kind itom which a
noiroiueoroffenslvesmellor atmo pliere tfinlt n
rise, and all buildings, structures and awnings of
the kind mentioned in Heclion SixofthlN ordinance
and all privies belonging to or appertaining to any
house, store, building or premises hi said city,
which are or shall be kept in such a manner or
condllionastocauseauoisonieor offensive smell
to arlwj therefrom or to be offensive to decency in
any manner, andHuybuilding.bouseur structure ;
staudjiigurbeinglnorupouanystreetor alley in
said city hi wich a manner as to obstruct or in any '
manner Impede the public travel or use of mcli :
ftriHttoralleyorony partthereof, are hereby de-.
cured and deliticd to be nuisancei.
KKOTION 11. The notice woviilerl for in
regit nl t tti: abating ani removing of nui
9am'e in said aw g hull be in wilting ami :
shall contain a description of the lot or
jre.ii)rtesouorabuttifig winch hucIi nuisance ,
e.xiKtH, amtal on description of the nuisance i
totuglit to he abated, am) if tlte tmmo or any
part tlivrnji u in or uion any street or alluy i
in itaid city, a description of the port! m
thereof where such mutMiico exists and shall
the owner, agent, occupant or person in tlte
poNaesston or control oi tne tot or premises
upon or abutting which, mirli liufannee ex
ists or all or any of them to remove or a-
bate tlte same within Hvo days from tho rut
vice of such notice upon any of such per
sons. Hitch notice uliail be signed by the
marsh at and shall bo served by him in the
i. By delivering a copy thereof prepared
and cert 11 led hv him to such owner, aucut.
occupant or tenon in such possession or
control or to an or any oi mem, u sucu per-
imi nf twranna nr inv of tin-in iitn with
reasonable dilligence he found within the
corporate limit ot smii city.
2. If after renwo dUligenct! the mar
shal shall be unable to Hnd any of such per
sons named in suIkUvUoii 1 of this Section
within Hairt city, to some of the family, a
bovetheago of 14 yearn, at the dwelling
house or usual place of abode of any such
person in sum city.
8. When service- of such notice cannot he
made as provided in subdivisions 1 and 2 of
tins (section, tne mursnui snail serve the
same by depositing In the post office of the
city of Lebanon, Oregon, a copy of such notice
prepared and certified hv himself duly
stamped and directed to any or all of the
persons named in said subdivisions 1 aud 2
of this Section, at his or their places of resi
dence respectively unless such residence
shall be out of the state of Oregon, and in
that event such notice shall be served upon
such owner, agent, occuiiaut or person in
possession or control of such lot or premises
by publishing the same at least once a week
for four consecutive weeks In some news
paper published in the city and of general
circulation in i.mu von my, urcgon, .
4. The proof of the scrvlco of such notice,
or of the depositing thereof in the post oflice,
shall be the urti davit of the marshal.
5. In cuvi of service of such notice by
publishing the same as provided in huIhIi
vision 8 of this section, the proof shall be
the affidavit of the printer or his foreman,"
or his principal clerk showing the same.
The proof of the service of inch notice shall
lie attached to the original thereof and be
iiled in the .office of tho Recorder where
such notice and proof shall remain in the
custody of tlie Huconlerus a perpetual rec
ord. Ami such proof and notice shall be
evidence in an proceeding or action uivoiv
ing tlie giving of nuch notice. :
SECTION 12. If any person or persons
snan viouuc any oi tne provisions ot tins
ordinance he or the v shall bo deemed guilty
of a misdemeanor and upon conviction
thereof beiore the Itecorder's court, shall tie
ni iii not less tnan nor more ttmii ?wu or
imprisoned in the city fail not less than two
days nor more than fifty days, and in all
cases of conviction under this ordinance the
costs of the case, together with the cost of
removing or aoating tne nuisance stum ne
taxed against the defendant.
NKCTION This ordinance shall be In
full force acd eil'ect after its approval by tlie
Enacted and approved Aug. 4, 1S01.
M. A. Millkk, Mayor.
Attest: Geo. W. Hic, City Kecorder,
J. L. C0WAX,
. J. M. RALSTON.
Transacts a General Banking Business.
ACCOUNTS KKPTBUBJECT TO
Exchange sold on Xew York.Ban Francis
co, and Portland and Albany, Oregon.
oUcctions made on favorable terms.
Foreign and Domestic
Fruits and Confectionery
Ciuwimwnrc unci Gliimware, Lamps
Pays Cash For Eggs.
MalciSt., LEBANON, OR.
C. E. RANOUS,
Carpenter & Builder.
A II Kinds Repairing & Jobbin
Done on Shortest Notice.
UPHOLSTERING A SPECIALTY
Shop on Main Street, Next Door to
Look out for the Conundrum auppor
itt Baud Hull next wink. Annouua
uitiut next paper.
Rend city ordiunnce No. 2.
Dorison lire, have nlwuvg held rank
with the bent photographers, where
over they have been. Try them.
Mr. Klepper i building uauiKtera to
Ills porches, thereby improveiug the
appearance of the houe.
Mr. '. M. , Balaton whs In the city
yesterday, i ,
Mr. Joe Buhl returned home
from the mountains yesterday.
The Into ruins have driven a
good many campers out of the
W. 0. PKTRHSOK,
REAP STATE BROKERS
HAVE ON HAND .
CHOICE D-A.HC3--A.INN ITV
Uim nml mall nmn. Bunt Fruit Id In the Vulloy. KlneM Oratn Runi'lim. In the World,
proved ami Unlmprovi'd IjuhI from W pr acre mid up, HatWni'Mon (liioriniuwl. iiuvu
mo chotaa City Itopcrty. IlarBaliM lu all Atlillitonu lu Lobciiinn,
HOUSES RENTED AND FARMS LEASED.
Oaklaiul Home Im. Co,, Cullfonila; Stuto lo. 0o
CollMtloiH rewlve prompt attention, Notary
our patron, all Uirormatlon dualred lu out lino oi
W. B. DON AC A,
Groceries and Provisions,
Cigars, Tobacco, and
First-Class Goods at Reasonafile Price I .
GIVE ME A TRIAL
Country Produce Taken in Ex
change for Goods,
A Stock of SHINGLES, POSTS, BOARNS and PICKETS.
Nichols, Westfall & Co.,
Reasonable Rates. '
Livery. Ied r
Hpeclul attention shown Commercial
Trausient stock citrefnlly Hired fur.
WupN YOU GO TO ALBANY
KnappBurrell & Company
-ABE TUB lAUUEST PRALBHB IN-
On tho Pu:iii CotiMt.
THKV ABK A1MO AOF.NTB FOB
Bain Wagons, Oliver Chilled and Steel Plows, Deer
Ing Binders and Mowers, Lightning Hay Press, Etc.,
-AND DKALKK8 IN-
Fine Buggies, Racine Hacks, Road Carls, Wagons
Aud Vehicles of Every Description, Barb Wire, Be.
Call and Examine Their Stock.
M, R. HYDE, Proprietor. I
A FULL LINE OF j
OF EVERY DESCRIPTION,
And ALL KINDS of CARPETS.
11 r ... 1. - . ...Mi .
vre maKe a speciait.y oi
AYred night or day.
PiM'L M. OAKLAND:.
(llianllan Aflirnra Co., of l.niiilm.
aitom, Or.i Karmor.' iul Murolwnu In l,ti.,Biilooi
Imrtn a Bpeolalty. Wc Uiko pluwurc triRlrlufc
AND BE CONVINCED.
rl Hnlo Ntables.
Orders by Mall or Telegraph
Promptly Attended To. t,
F. H. ROSCOE, Maiager.
rTiTriimm i ti-tt y- n
unuiAiuwu. ualls ans-