Council declares junk a nuisance

THE DALLES — Siding with Codes Enforcement, The Dalles City Council unanimously declared items in resident Gary Lavine’s yard as junk, and therefore a nuisance, during a quasi-judicial public hearing at its Sept. 28 meeting. 

Lavine, who submitted a written protest to a Sept. 10 nuisance abatement notice, thereby triggering the hearing, was given 72 hours to clear items from the property, which included machinery parts, metal, lumber, and other discarded materials.

With both Lavine and Codes Enforcement Officer Arturo Dominguez present, councilors considered testimony and materials on record to determine whether a nuisance existed. The scope of the hearing was limited to outdoor items, excluding whole vehicles and alleged public right-of-way encroachment.

Dominguez first clarified the history of the case. Upon initial inspection, he concluded that Lavine’s “junk and debris” was extending out into the public right-of-way; the city is no longer alleging those claims.

The case remained, however, because of The Dalles Municipal Code (TDMC) 504110, which states that junk cannot be kept outdoors on a street, lot, or premises. The ordinance includes items such as old machinery or machinery parts, motor vehicles, metal, lumber, wood, or other waste that are dilapidated, abandoned, inoperable, or otherwise in a state of disrepair.

“During our inspections, we documented numerous items throughout the property that fall within this definition,” Dominguez said.

Code enforcement actions are complaint-driven. Dominguez said complaints from city staff, fire marshals, and citizens sparked inspections, and that the material in question creates a desirable habitat for rodents and pests, particularly during winter when wood rot ensues. “Cases have been open on this property since 2024,” he continued. “The property seems to come into compliance, and then it kind of returns to the same state.”

Lavine’s written appeal primarily argued that items on his property weren’t encroaching on the public right-of-way, rather than disputing their existence as “junk.” In his testimony, however, he stressed that he doesn’t view the materials as junk, but rather tools used for hobbies like welding and fixing things, including skirting his 97-year-old neighbor’s house.

Lavine insinuated that initial complaints arose due to prior disputes involving a different neighbor’s dog, his fence, vehicles, and parking, and said that he came to the hearing in part because he wanted his concerns heard.

Eventually, Lavine conceded that “the junk could easily be cleaned up,” while noting a three-day deadline would be difficult with his schedule.

In a 5-0 vote, councilors found the evidence was not substantially contested and that the code required keeping such materials in an appropriate state of order.

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