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A. “Chronic nuisance property” means property upon which three (3) or more of the below listed offenses occur during any sixty (60) day period as a result of three (3) separate factual incidents that have been independently investigated by the Ashland Police Department.

1. Harassment as set forth in ORS 166.065, excluding provision 1(b).

2. A bias crime as defined in ORS 166.155 through 166.165.

3. Disorderly conduct as set forth in ORS 166.025.

4. Providing liquor to a person under the age of twenty-one (21) as set forth in ORS 471.410.

5. Possession of alcohol by a person under twenty-one (21) years of age as set forth in ORS 471.430.

6. Unnecessary noise as defined in AMC 9.08.170.

7. Manufacture or delivery of a controlled substance as defined in ORS 475.752.

8. Delivery of a controlled substance to a minor as defined in ORS 475.906.

9. Failure to comply with the following provisions of the Oregon Fire Code (“OFC”) contained in ORS 480 and related Oregon Administrative Rules and adopted in AMC 15.28:

a. OFC 1031 – Maintain the means of egress; or

b. OFC 108.6 – Overcrowding.

10. Nuisances affecting the public health as set forth in AMC 9.08.060.

11. Keeping junk unlawful out of doors as set forth in AMC 9.12.020.

B. “Chief” means the Chief of Police of the City of Ashland or the Chief’s designee.

C. “Control” means the ability to regulate, restrain, dominate, counteract, or govern conduct that occurs on that property.

D. “Owner” means any tenant, renter, or lessee or any person, agent, firm, or corporation having a legal or equitable interest in a property. “Owner” also includes, but is not limited to:

1. A mortgagee in possession in whom is vested:

a. All or part of the legal title to the property; or

b. All or part of the beneficial ownership and a right to present use and enjoyment of the premises;

2. An occupant who can control what occurs on that property; or

3. Any person authorized to enter into a rental agreement on behalf of the owner or any person authorized to manage property of the owner.

E. “Permit” means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.

F. “Person” means any natural person, association, partnership, or corporation capable of owning or using property in the City of Ashland.

G. “Property” means any real property including land and that which is affixed, incidental, or appurtenant to land, including but not limited to any premises, room, house, building or structure, or any separate part or portion thereof, whether permanent or not. (Ord. 3196, amended, 05/18/2021; Ord. 3115, amended, 2015)