Speech
to Grants Pass City Council, 7/20/2011
Not long
ago, this Council passed new regulations regarding development codes aimed at
keeping stormwater runoff into the Rogue River clean. We now have bio-swales built into new
construction projects to settle the sediments from pavements before the water
runs off into the river.
But those
codes only affect new development. Most
of our city cannot be readily renovated to clean the water running down the
storm drains. But those streets and
gutters can and should be cleaned by the people who live next to them. This would keep our runoff clean now, not
decades down the road.
Our
nuisance code forbids depositing grass clippings and other detritus on streets
and sidewalks, but it does not require residents to clean up the leaves and
such that naturally fall from trees. In
many places, the residents allow them to build up inches deep; they figure the
streets are the city’s responsibility to clean.
They are given this impression by the cleaning trucks that regularly run
the main streets and occasionally go down side streets, but many streets never
see a street-sweeper.
As those
leaves rot in the gutter, they soak up pollutants from passing cars and other
sources. They eventually rot down to
humus, which readily runs down the storm drains to the river with the runoff,
along with their attached pollutants.
Not only
streets and sidewalks contribute to the pollution of our runoff; private
pavements also run into the streets and eventually to the river. Leaves on public and private pavements are a
safety hazard as well, becoming slippery when wet.
The place for dropped leaves is covering soil; on pavements
they are a nuisance, and the City should designate them as such in its
code. It should encourage people to use
those leaves to cover their bare soil, reducing erosion into our streets and
river as well as stopping many weeds from sprouting.
Of course, the Council should first pass a resolution telling
the City administration to enforce all
of our nuisance code as a matter of course, not in response to complaints. The administration seems to believe that City
codes are mere suggestions by the City Council, not law that they are bound to
enforce.
Even in response to complaints, our officers only recognize
the safety hazard code, not the weed and litter nuisance code. Nothing has been done about the various
properties complained about in an e-mail to the administration and the police several
weeks ago, regarding vegetation hanging over curbs and into the street.
These
are our presently unenforced nuisance codes, with the proposed amendment included
in parentheses and italics:
Selected
Grants Pass Nuisance ordinances:
5.12.050
Weed, Grass, Snow and Ice Removal.
1. No owner or person
in charge of property, improved or unimproved, abutting on a public sidewalk or
right of way adjacent to a public sidewalk may permit:
A. Snow to remain on
the sidewalk for a period longer than the first two hours of daylight after the
snow has fallen.
B. Ice to cover or
remain on the sidewalk, after the first two hours of daylight after the ice has
formed. Such person shall remove ice accumulating on the sidewalk or cover the
ice with sand, ashes, or other suitable material to assure safe travel. (Ord.
2901 §9, 1960)
C. Weeds or grass from growing or remaining on the sidewalk for a period
longer than two weeks or consisting of a length greater than 6 inches.
(D.
Leaves, detritus, or litter from remaining on public or private pavements for a
period of longer than 2 weeks, or long enough to begin to decompose or become
slippery when wet.)
2. Property owners and
persons in charge of property, improved or unimproved, abutting on right of way
adjacent to a public sidewalk shall be responsible for the maintenance of said
right of way, including but not limited to: keeping it free from weeds; watering and caring for any plants and
trees planted herein; maintaining any groundcover placed by the City;
maintaining any groundcover as required by
other sections of the Municipal Code or the Grants Pass Development
Code. (Ord. 5380 § 18, 2006)
5.12.060
Weeds and Noxious Growth.
No owner or person in
charge of property may permit weeds or
other noxious vegetation to grow upon his property. It is the duty of an
owner or person in charge of property to cut down or to destroy weeds or other
noxious vegetation from becoming
unsightly, or from becoming a fire hazard, or from maturing or going to seed. (Ord. 2901 §10, 1960)
5.12.070
Scattering Rubbish.
No person may throw,
dump, or deposit upon public or private property, and no person may keep on private property, any injurious or offensive
substance or any kind of rubbish, (including
but not limited to garbage, trash, waste, refuse, and junk), appliances,
motor vehicles or parts thereof, building materials, machinery, or any other
substance which would mar the appearance,
create a stench, or detract from the
cleanliness or safety of such property, or would be likely to injure any
animal, vehicle, or person traveling upon any public way. (Ord. 2901 §11, 1960;
Ord. 4397 §1, 1981) (Ord. 5379 § 18, 2006)
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