HASSO HERING

A perspective from Oregon’s mid-Willamette Valley

Livable Albany: Council updates the code

Written October 27th, 2022 by Hasso Hering

Pictured on Oct. 8, this property in the 300 block of Southeast Pine Street had been posted by the city as “derelict.”

Albany has lots of laws intended to safeguard the city’s livability, and the city council has just consolidated them in one chapter of the municipal code. The idea is to make it easier to find what’s allowed and what’s not.

None of the laws are new, but now they are all in Chapter 8 of the code. It may take a while before the text is amended according to the council’s action Wednesday, but you can check the code online to find out when it’s done.

The council was unanimous in approving what was billed as a housekeeping action to clean up the code. Even Councilman Dick Olsen voted for all the ordinances. On Oct 12 he had objected to their second readings that night, thus allowing two more  weeks for studying the measures.

Among other things, the code defines and outlaws “derelict structures” and allows city officials to post bans on occupying buildings posted as such. (A couple of weeks ago I ran across one such place on Southeast Pine Street near the Union Pacific tracks.)

The code is intended to prevent a long list of “public nuisances” and also allows the city to proceed against “chronic nuisance properties,” “specified crime properties,” and just plain “dangerous … premises.”

One section seeks to insure “property maintenance.” What’s proper property maintenance? For that, the code refers readers to the 2021 edition of the “International Property Maintenance Code.” Don’t have one handy? It’s probably online somewhere.

If driveways are not suitable, the new chapter incorporates rules allowing baskeball hoops on Albany streets, as long as their bases are placed on the planter strip and not the pavement.

It also includes the decade-old provisions against taking and then abandoning shopping carts, including a $50 fee if owners want to get a cart back once the city has rounded one up. (This law is ignored, and I’ve never heard of anyone being charged with cart theft. Nor has anyone paid the retrieval fee.)

One provision regulates how often people can hold garage sales. The limit is three times a year of no more than three days each.

In the nuisance section, there’s a ban on keeping junk outside. That covers all kinds of stuff includes used furniture, which may be news to people putting their old couches on the curb with a cardboard sign saying “free.”

In all these sections, there are ways for the city to require and eventually enforce an “abatement” of violations.

What about enforcement, you ask. Over the years, I’ve heard city officials say that enforcement generally is a matter of responding when a complaint comes in. (hh)

This was the notice attached to the building on Pine when I saw it on Oct. 8, 2022.





8 responses to “Livable Albany: Council updates the code”

  1. Gordon L. Shadle says:

    It is highly probable that this livability code came either from:

    1. the individual preferences of city council members, past or present, or

    2. a council response to pressure from political cronies.

    And like Hasso points out, enforcement is generally a matter of responding to an anonymous complaint. The subjectiveness at work is laughable.

    A serious problem will arise if this or a future council decides to go gonzo about forcing you to live according to their petty standards. This can make life very miserable for political deplorables.

    There is a place for livability codes where safety & health are at risk, but the scope of the codes should be very narrow.

    The city council should not have arbitrary, virtually unlimited power to dictate livability standards.

    • t154 says:

      Golly GEE, No Shade. You sure do have a ton of time to “read” every HH post.

      And comment.

      Stalk much?

      Some probably agree…

      But good grief.

      Every HH post. There you F’ing are!

      Ugh!

      • MarK says:

        I’ve often wondered the same. NC is a loooong way from Albany. What have we done to receive Gordon’s “wisdom” about everything that happens here??? How many other blogs does he comment on? I picture an angry old man with no hobbies other than “spreading his word”. I doubt he realizes that nobody takes him seriously.

  2. Gordon L. Shadle says:

    Hasso,

    You alone determine what comments get posted.

    It looks like juvenile personal attacks still make the cut in spite of your repeated promises to be more diligent.

    Is it fair game for me to respond to these children in kind?

    Gordon

  3. Rich Kellum says:

    In my 48 years in Albany, I have never seen a low life arrested for stealing a shopping cart. I spoke out against fining businesses when a low life steals their property and leaves it someplace, it simply sends the wrong message about how Albany ;treats business. What next, what, you lost your wallet, we will charge you 10 bucks for littering, Somebody stole your car……….. that’s a thousand, the Council and City Staff need to be smarter, it doesn’t make any difference that it has never been enforced, Thje law should not be on the books. you want to stop carts being left places?? arrest anyone who is using one off the property without written permission.

    • Bob Woods says:

      Coming next April, get ready for the movie of a LIFETIME!…

      Rich Kellum and Kan’Ye’ West starring in the gripping crime thriller…

      “Shopping Cart Cops”

  4. Julie H says:

    I also find some of this odd.
    Putting the financial burden on shopping cart owners never made any no sense. If that’s how the fines work, then then let’s fine each fast food joint for every one of their wrappers found on the ground.
    And the rule against not storing junk outside is way too subjective. Is my functioning yet ugly utility trailer junk? My scrap wood pile? As long as it’s on my property neatly stored it’s not my nosy neighbor’s business to call it in and cause me to have to remove it. That kind of enforcement just opens the door for a petty neighbor to target someone and constantly report their “infractions”.

 

 
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