5.45.005 Chronic Nuisance Property.
For the purposes of this code section, the following definitions apply:
A. Chronic nuisance property means property upon which or within 200 feet of which any person associated with the property has three or more of the below listed offenses occur during any 30-day period as a result of three separate factual incidents that have been independently investigated by any law enforcement agency:
1. All felony drug offenses as enumerated in ORS 475.840 to 475.980.
2. Assault, strangulation or menacing as defined in ORS 163.160 through 163.190.
3. Harassment as defined in ORS 166.065(1)(a).
4. Disorderly conduct as defined in ORS 166.025.
5. Alcohol violations as defined in ORS 471.410(1), (2) and (3) and ORS 471.430(1) and (2).
7. Public or private indecency as defined in ORS 163.465 and 163.467.
8. Any sexual offense as defined in ORS 163.305 through 163.445.
10. Prostitution or related offenses as defined in ORS 167.007, 167.012, and 167.017.
11. Any attempt to commit as defined in ORS 161.405, or conspiracy to commit, as defined in ORS 161.455, any of the above offenses.
12. Violation of BC Chapter 5.50, Noise.
13. Unlawful discharge of a weapon as defined in BC 5.40.040.
B. Control means the ability to regulate, restrain, dominate, counteract or govern conduct that occurs on that property.
C. Owner means any person, agent, firm or corporation having a legal or equitable interest in a property. Owner 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
c. An occupant who can control what occurs on that property.
D. Permit means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
E. Person means any natural person, agent, association, firm, limited liability company, partnership, corporation, or other entity capable of owning or using property in the City of Bend.
F. 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. NS-2142, 2010]