Buckman Community Association

St. Francis Church Nuisance Abatement Agreement - 12/05/02

Nuisance Abatement Agreement

This Nuisance Abatement Agreement (“Agreement”) is entered into on December 5, 2002, between the Portland Police Bureau (“Portland Police”) and St. Francis Church (“St. Francis”), which operates St. Francis Dining Hall. St. Francis Park is part of the parish property of St. Francis, all of which is owned by the Archdiocese of Portland.


This Agreement is designed to abate the nuisance activities as defined in Portland City Code, Chapter 14B.60.030 that have occurred on or within 200 feet of St. Francis Park. This Agreement is the product of correspondence and meetings between Southeast Precinct and St. Francis. By signing this Agreement, St. Francis agrees to abide by the terms of the Agreement. So long as St. Francis continues to honor this Agreement, Portland Police agrees not to refer the property to the City Commissioner in Charge and the City Attorney’s office as a Chronic Nuisance Property under Portland City Code 14B.60.040. The Southeast Precinct Commander or his designee will carefully evaluate any further criminal incidents reported to Portland Police on a case-by-case basis, specifically considering whether any action or omission of St. Francis pursuant to this Agreement or the 1998 Compliance Agreement contributed to the incident.


This Agreement does not supersede any section of the 1998 Compliance Agreement between Portland Police and St. Francis except section 2(A) which states that “St. Francis will be proactive in encouraging guests who linger to remain on parish property and not linger on sidewalks across the street from parish property.” Section 2(A) of the 1998 Compliance Agreement is modified by Section 5 of this Agreement.


The terms of this Agreement will remain in effect indefinitely so long as the Dining Hall is in existence. Portland Police and St. Francis will review the Agreement once each year or at the reasonable request of either party. This Agreement will remain in effect until a modified Agreement, signed by both parties, is reached, or until terminated. If St. Francis terminates the Agreement, Portland Police may refer the property to the City Commissioner in Charge and the City Attorney’s office as a Chronic Nuisance Property.


St. Francis and Portland Police Bureau agree as follows:


1. St. Francis will close St. Francis Park for a period of 180 days from the date of this Agreement (with closure to be reviewed by the Portland Police Bureau after 60 days), with the following exceptions. St. Francis Parish may use the park for Holy Week/Easter 2003 liturgical ceremonies, St. Francis staff supervised maintenance activities, and authorized surveying or construction activities. The Portland International Community School may use the Park courtyard for supervised recess.

St. Francis will maintain posted park closure signs during the period St. Francis Park is closed. If St. Francis Park is reopened, rules for use of the Park may be developed as outlined in Section 4 below.


2. St. Francis Parish will provide certified and professionally trained security personnel at all times the Dining Hall is in operation. At this time, the Dining Hall is open M-F

10 am-7 pm and Sunday 2 pm-5 pm. If the hours of operation change, St. Francis will adjust the hours of its security personnel accordingly.


3. St. Francis will prohibit persons from stashing belongings on the steps of St. Francis Church.


4. St. Francis is currently exploring the feasibility of developing St. Francis Park for other uses. St. Francis will update Portland Police on the progress of this project at the 60-day review of the closure of St. Francis Park.

If St. Francis Park is to reopen for use, a nine person Ad Hoc Advisory Committee will be formed. This committee will consist of two representatives from St. Francis, two representatives from the Portland Police Bureau, two representatives from the Buckman Neighborhood Association, two representatives from the Dining Hall Council, and one representative from the surrounding business community. Each of these groups will select its own representative(s) from among its members. The Ad Hoc Advisory Committee will recommend to St. Francis any regulations on the use of St. Francis Park that it deems appropriate in addition to any already allowed or prohibited in this Agreement or the 1998 Compliance Agreement. A representative from the Office of Neighborhood Involvement will serve as facilitator for the Ad Hoc Advisory Committee. St. Francis will reach an agreement with Portland Police concerning St. Francis Park after receiving the recommendations of the Ad Hoc Advisory Committee.

In addition, St. Francis will continue to work with the Office of Neighborhood Involvement to develop effective ongoing communication with members of the surrounding community to address in a timely manner and resolve other issues surrounding St. Francis Dining Hall.

St. Francis will prohibit any day camping in St. Francis Park. The definition of “day camping” will be approved by the Southeast Precinct Commander before the park reopens.


5. In an attempt to abate nuisance activities on St. Francis premises, St. Francis has designated a gathering area for persons who wish to remain on parish property for an extended period of time. The gathering area will close at 9:00 p.m.

A map illustrating the boundaries of the gathering area is attached as Exhibit 1 and incorporated by reference into this Agreement. The gathering area is a piece of land, roughly rectangular in shape, bounded on the North by Pine Street, on the South by Oak Street (vacated), on the West by 11th Ave, and on the East by the contours of the West side of the church heading South to Oak Street, including the porches and lawn areas around the Rectory/Office building, but not including the courtyard areas between the buildings.

Persons will not be permitted to remain on other areas of St. Francis premises for more than brief periods of time, except when they are participating in a structured activity that is organized and/or sponsored by St. Francis or one of its lessees, or otherwise specifically authorized by St. Francis.


6. St. Francis will work with a Masters of Social Work intern to research other meal site programs and their interaction with surrounding neighborhoods in an effort to more effectively operate its programs.


7. JOIN will delay opening its program until 10:00 am each morning when security personnel are on the premises.


8. St. Francis will attempt to contact the many traveling meal providers who are coming into the neighborhood when St. Francis Dining Hall is closed. St. Francis will continue to prohibit that activity on its premises, as such activity is unregulated, encourages trespassed people to stay in the area, and creates litter that is attributed to St. Francis. Southeast Precinct supervisors will ensure that officers working in the area are made aware of the situation and will respond when there are violations of criminal law.

St. Francis will reissue its policies and procedures on campus exclusions/trespass to all entities on campus. This will emphasize the importance of these policies/procedures and ensure that all entities on campus act consistently with respect to the enforcement of exclusions. St. Francis will encourage its employees/lessees and guests to contact the District Attorney’s Office to sign a complaint if an employee/lessee or guest is a victim of a crime on St. Francis property.


St. Francis has entered this Agreement in a good faith effort to cooperate with Portland Police and with the surrounding residential and business communities. Nothing in this Agreement shall be construed as a waiver of any legal or factual defense St. Francis may have to the ordinance on Chronic Nuisance Properties in Portland City Code 14B.60.040, et. seq.


St. Francis Church:

Reverend Charles Lienert
Moderator, St. Francis Church

Valerie Chapman
Pastoral Administrator, St. Francis Church


Portland Police Bureau:

Stanley E. Grubbs
Commander Southeast Precinct

Joe Stidham
Lieutenant Southeast Precinct