A. 
This chapter provides a method (cumulative with and in addition to any other remedies available to the city) whereby buildings or structures which, for any reason, endanger the health, property, safety or welfare of the general public or the building's/structure's occupants, shall be required to be repaired, vacated or demolished.
B. 
This chapter does not create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms hereof.
(Ord. 287 § 1, 2004)
This chapter shall apply to all "dangerous buildings" as herein defined be they now in existence or which may hereafter become so in the city.
(Ord. 287 § 1, 2004)
All buildings or structures required to be repaired under the provisions of this chapter shall be subject to the provisions of Section 3403, 3404 and 3405 of the Oregon State Structural Specialty Code as it currently exists or may hereafter be amended.
(Ord. 287 § 1, 2004; Ord. 545 § 1, 2019)
A. 
The building official (or his/her designate) is hereby authorized to enforce the provisions of this chapter.
B. 
The building official shall have the power to render interpretations of this chapter and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this chapter.
(Ord. 287 § 1, 2004)
The building official and other officials such as the fire marshal and Clackamas County health officials are authorized to make such inspections and take such other actions as may be required to enforce the provisions of this chapter.
(Ord. 287 § 1, 2004)
When necessary to make an inspection to enforce the requirements imposed by the terms of this chapter, or when the building official or the building official's authorized representative has reasonable cause to believe there exists in a building or upon a premises a condition which is contrary to or in violation of this chapter, making the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this chapter. If such building or premises are occupied, credentials must be presented to the occupant and entry requested. If such building or premises are unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
(Ord. 287 § 1, 2004)
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, or cause or permit the same to be done in violation of this chapter.
(Ord. 287 § 1, 2004)
All buildings or structures within the scope of this chapter and all construction or work for which a permit is required shall be subject to inspection by the building official consistent with, and in the manner provided by this chapter and Section 105 of the Oregon Specialty Codes.
(Ord. 287 § 1, 2004; Ord. 545 § 1, 2019)
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Oregon Specialty Codes. Where terms are not defined, they shall have their ordinary accepted meaning within the context in which they are used. Webster's 3rd New International Dictionary of the English Language (Unabridged, copyrighted 1986) shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
"Building official"
means the officer appointed by the city manager to regulate and enforce all provisions of this code regarding building construction and improvements pursuant to ORS Section 455.150 and who shall possess a state building official certification.
"City"
means the city of Happy Valley.
"Dangerous building"
means any building or structure having any or all of the conditions or defects hereinafter described, provided such conditions or defects exist to the extent that the life, health, property or safety of the public or the building or structure's occupants are endangered:
1. 
Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
2. 
Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;
3. 
Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location;
4. 
Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location;
5. 
Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
6. 
Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings;
7. 
Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
8. 
Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay, (ii) faulty construction, (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building, (iv) the deterioration, decay or inadequacy of its foundation, or (v) any other cause, is likely to partially or completely collapse;
9. 
Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
10. 
Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base;
11. 
Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings;
12. 
Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: (a) an attractive nuisance to children; (b) a harbor for vagrants, criminals or immoral persons; or as to (c) enable persons to resort thereto for the purpose of committing unlawful or immoral acts;
13. 
Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the building code or housing code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings;
14. 
Whenever any building or structure, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66% of the: (a) strength; (b) fire-resisting qualities or characteristics; or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;
15. 
Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
16. 
Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard;
17. 
Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence;
18. 
Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
(Ord. 287 § 1, 2004; Ord. 545 § 1, 2019)
When the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the building official shall commence proceedings to cause the repair, vacation or demolition thereof.
(Ord. 287 § 1, 2004)
The building official shall issue a notice and order directed to the record owner of the building or structure. The notice and order shall contain:
A. 
The street address and a legal description sufficient for identification of the premises upon which the building is located.
B. 
A statement that the building official has found the building to be dangerous, with a brief description of the conditions found to render the building dangerous under the provisions of Section 15.10.055.
C. 
A statement of the action required to be taken as determined by the building official.
1. 
If the building official has determined that the building must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the building official shall determine reasonable under all of the circumstances.
2. 
If the building official has determined that the building must be vacated, the order shall require that the building or structure be vacated within a time certain from the date of the order as determined by the building official to be reasonable.
3. 
If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable (not to exceed 60 days from the date of the order), that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the building official shall determine is reasonable.
D. 
Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official:
1. 
Will order the building vacated and posted to prevent further occupancy until the work is completed; and
2. 
May proceed to cause the work to be done and charge the costs thereof against the property or its owner.
E. 
Statements advising that:
1. 
Any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the municipal court provided the appeal is made in writing as provided in this chapter and filed with the building official within 14 days from the date of service of such notice and order; and
2. 
Failure to appeal constitutes a waiver of a right to a hearing and determination of the matter.
(Ord. 287 § 1, 2004)
The notice and order (and any amended or supplemental notice and order) shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the building official or disclosed from official public records: the holder of any mortgage, deed of trust or other lien or encumbrance of record, the owner or holder of any lease of record, and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.
(Ord. 287 § 1, 2004)
Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy by certified mail, postage prepaid, to each such person at their address as it appears in the Clackamas County tax records, or as otherwise known to the building official. If no address of such person appears or is known to the building official, then a copy of the notice and order shall be so mailed and addressed to such person at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(Ord. 287 § 1, 2004)
Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official.
(Ord. 287 § 1, 2004)
The following standards shall be followed by the building official (and by the municipal court if an appeal is taken) in ordering repair, vacation or demolition of any dangerous building or structure:
A. 
Any building declared a dangerous building under this chapter shall be made to comply with one of the following:
1. 
The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair;
2. 
The building shall be demolished at the option of the building owner; or
3. 
If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry.
B. 
If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.
(Ord. 287 § 1, 2004)
Every notice to vacate shall, in addition to being served as provided in Section 15.10.070, be posted at or upon each exit of the building and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is unlawful to occupy this building or to remove or deface this notice.
_________________________
Building Official
City of Happy Valley, Oregon
(Ord. 287 § 1, 2004)
A. 
Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued under Section 15.10.070 reciting the emergency and specifying the conditions which necessitate the posting.
B. 
No person shall remain in or enter any building which has been so posted except that entry may be made to repair, demolish or remove such building under permit.
C. 
No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and all lawful requirements have been met.
(Ord. 287 § 1, 2004)
Any person entitled to service under Section 15.10.070 may appeal from any notice and order or any action of the building official under this chapter by filing with the municipal court a written appeal containing:
A. 
A heading in the words: "Before the Municipal Court of the City of Happy Valley, Oregon;"
B. 
A caption reading: "Appeal of ________," giving the names of all appellants participating in the appeal;
C. 
A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;
D. 
A brief statement concerning the specific order or action protested, together with any material fact(s) claimed to support those contentions;
E. 
A brief statement of the relief sought and the reasons why the protested order or action should be reversed, modified or otherwise set aside;
F. 
The signatures of all parties named as appellants and their official mailing addresses;
G. 
The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
The appeal shall be filed within 21 days of the date of service of the building official's order or action, except that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Sections 15.10.090 and 15.10.095, such appeal shall be filed within ten days from the date of the service of the notice and order of the building official.
(Ord. 287 § 1, 2004)
As soon as practicable after receiving the written appeal, the municipal court shall fix a date, time and place for the hearing of the appeal. Such date shall not be less than ten or more than 60 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant by the court either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
(Ord. 287 § 1, 2004)
Failure of any person to file an appeal in accordance with the provisions of Section 15.10.100 shall constitute a waiver of the right to a hearing and adjudication of the notice and order or any portion thereof.
(Ord. 287 § 1, 2004)
A. 
Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
B. 
Except for vacation orders, enforcement of any notice and order of the building official issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(Ord. 287 § 1, 2004)
The notice to the appellant(s) shall be substantially in the following form:
You are hereby notified that a hearing will be held before the Happy Valley Municipal Court at on the ________ day of _________, 20________ at the hour ________ upon the notice and order served upon you for alleged violation(s) of the Happy Valley Dangerous Building Code. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the Court.
(Ord. 287 § 1, 2004)
A. 
A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the court.
B. 
The court may grant continuances for good cause shown.
C. 
The court may issue subpoenas for the attendance of witnesses or the production of evidence at a hearing upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which:
1. 
States the name and address of the proposed witness;
2. 
Specifies the things sought to be produced and the materiality thereof to the issues involved; and
3. 
States that the witness has the desired things in possession or under control.
A subpoena need not be issued when the affidavit is defective in any particular.
D. 
Any person who refuses without lawful excuse to attend any hearing or to produce material evidence which the person possesses or controls as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor.
(Ord. 287 § 1, 2004)
A. 
Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
B. 
Oral evidence shall be taken only on oath or affirmation.
C. 
Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
D. 
Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
E. 
Irrelevant and unduly repetitious evidence shall be excluded.
(Ord. 287 § 1, 2004)
Each party shall be able to:
A. 
Call and examine witnesses on matters relevant to the issues of the hearing;
B. 
Introduce documentary and physical evidence;
C. 
Cross-examine opposing witnesses;
D. 
Rebut evidence; and
E. 
Be represented by anyone lawfully permitted to do so.
(Ord. 287 § 1, 2004)
In reaching a decision, official notice may be taken (either before or after submission of the case for decision) of any fact which judicially noticeable by Oregon courts. Parties present at the hearing shall be informed of the matters to be noticed which is to be noted in the record. Parties present at the hearing shall be given a reasonable opportunity to refute the noticed matters by evidence or by written or oral presentation of authority.
(Ord. 287 § 1, 2004)
The court may inspect any building or premises involved in an appeal during the course of the hearing provided that:
A. 
Notice of such inspection shall be given to the parties before the inspection is made;
B. 
The parties are given an opportunity to be present during the inspection; and
C. 
The judge shall state for the record after the inspection the material facts observed and the conclusions drawn therefrom.
Each party shall have a right to rebut or explain such matters.
(Ord. 287 § 1, 2004)
With contested appeals heard by the municipal court, the court shall within a reasonable time (not to exceed 90 days from the date the hearing is closed) prepare a written decision and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested.
(Ord. 287 § 1, 2004)
The effective date of the decision shall be as stated therein. Any appeal from the decision of the municipal court is to be taken, if at all, solely by way of writ of review pursuant to ORS 34.010 to ORS 34.100.
(Ord. 287 § 1, 2004)
After any order of the building official or municipal court made pursuant to this chapter has become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. If the person to whom such order is directed fails, neglects or refuses to comply with such order, the building official, in consultation with the city manager, may take any and all actions deemed by him/her to be appropriate.
(Ord. 287 § 1, 2004)
Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this chapter becomes effective:
A. 
The building official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:
DANGEROUS BUILDING
DO NOT OCCUPY
It is unlawful to occupy this building, or to remove or deface this notice.
_________________________
Building Official
City of Happy Valley, Oregon
B. 
No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the building official have been completed and inspected consistent with the law and, if required, a certificate of occupancy issued.
C. 
The building official may, in addition to any other remedy herein provided cause the building to be repaired to correct the conditions rendering the building dangerous, or, if the notice and order required demolition, to then cause the building to be demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.
(Ord. 287 § 1, 2004)
Upon receipt of an application from the person required to conform to the order, and by written agreement of such person to comply with the order if allowed additional time, the building official may grant an extension of time (not to exceed an additional 120 days) within which to complete the repair, rehabilitation or demolition, if the building official determines the extension will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises, and will not in any way affect the time to appeal the notice and order.
(Ord. 287 § 1, 2004)
No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this chapter whenever such officer, employee, contractor, or city representative or person having an interest or estate in such building or structure is engaged in the work of repairing, vacating and repairing, or demolishing any such building pursuant to the provisions of this chapter, including necessary acts preliminary to or incidental to such work.
(Ord. 287 § 1, 2004)
When any repair or demolition is to be done by the city, the work may be accomplished either by city personnel or by private contractor under the direction of the public works director. The costs arising from the repair or demolition shall be made an assessment lien against the property involved or a personal obligation of the property owner, whichever the city council determines to be more appropriate.
(Ord. 287 § 1, 2004)
The public works director shall keep an itemized account of the expenses incurred by the city in the repair or demolition of any building done pursuant to this chapter and upon completion of the repair or demolition, the public works director shall prepare and file with the city recorder a report specifying the work done, along with an itemized statement of the costs therefor, a description of the real property upon which the building or structure was located, and the names and addresses of the persons entitled to notice pursuant to Section 15.10.070.
(Ord. 287 § 1, 2004)
Upon receipt of the report, the city recorder shall send a copy thereof to the persons entitled to notice under Section 15.10.070 by certified mail, postage prepaid. Any person interested in or affected by the proposed charge may file written protests or objections with the city recorder not later than 30 days after the date of the mailing, and the city recorder shall then set a hearing before the city council in order that it may hear the protest or objection. Each protest or objection must contain a description of the property in which person is interested and the grounds of such protest or objection. In the event no objection or protest is filed with the city, the city recorder shall cause the report to be filed in the city's records and the charges denominated therein made an assessment lien against the property.
(Ord. 287 § 1, 2004)
Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report of the public works director together with the objections or protests thereto. The council may make such revision, correction or modification to the report or charge(s) as is deemed appropriate, and when the council is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified), together with the charge, shall be confirmed or rejected. The decision of the city council shall be final and conclusive. Judicial review of the city council's decision shall be by way of writ of review pursuant to ORS 34.010 to 34.100 and no other.
(Ord. 287 § 1, 2004)
Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county and property taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. Interest shall accrue at the legal rate.
(Ord. 287 § 1, 2004)