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A. Chronic Nuisance Property. Property upon which three or more of the below listed behaviors occur during any 30-day period as a result of three separate factual incidents that have been independently investigated by the Ashland Police Department.

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

2. Intimidation as defined in ORS 166.155 through 166.165.

3. Disorderly conduct as defined in ORS 166.025, excluding provision 1(b).

4. Furnishing liquor to a minor as defined in ORS 471.410.

5. Minor in possession as defined 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 475.992.

8. Delivery of a controlled substance to a minor as defined in ORS 475.995.

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

a. OFC 1030 – Maintain the means of egress

b. OFC 107.5 – Overcrowding

B. Chief. The City of Ashland Chief of Police or the Chief’s designee.

C. Control. The ability to regulate, restrain, dominate, counteract, or govern conduct that occurs on that property.

D. Owner. 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; or

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

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. To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.

F. Person. Any natural person, association, partnership, or corporation capable of owning or using property in the City of Ashland.

G. Property. 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. 3115, amended, 2015)