This chapter shall be known as "Property Maintenance Regulations," and is referred to herein as "this chapter."
(Ord. 99-02)
A.
The purpose of this chapter is to protect the health, safety and welfare of Tigard citizens, to prevent deterioration of existing housing, and to contribute to vital neighborhoods by:
(Ord. 99-02)
The provisions of this chapter shall apply to all property in the City except as otherwise excluded by law; however, the provisions of this chapter do not apply to Group "I" occupancies as classified by the 1998 Oregon Structural Specialty Code. In the event that a provision of this chapter conflicts with a licensing requirement of the Oregon State Department of Human Resources, the state licensing requirements shall be followed. In areas where the Oregon State Department of Human Resources does not regulate through its licensing process, the provisions of this chapter shall apply.
(Ord. 99-02)
This chapter makes use of summary headings (in bold face type) on chapters, sections, and subsections to assist the reader in navigating the document. In the event of a conflict in meaning between the bold heading and the following plain text, the meaning of the plain text shall apply.
(Ord. 99-02)
For the purpose of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this chapter. 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. "And" indicates that all connected items or provisions apply. "Or" indicates that the connected items or provisions may apply singly or in combination. Terms, words, phrases and their derivatives used, but not specifically defined in this chapter, either shall have the meanings defined in Titles 14 or 18, or if not defined, shall have their commonly accepted meanings. If a conflict exists between a definition in Title 14 and 18, the definitions in this chapter shall apply to actions taken pursuant to this chapter.
(Ord. 99-02)
A. Abatement of a nuisance. Accessory Structure. Apartment House. Approved. Basement. Boarded. Building. Building, Existing. Building Official. Ceiling Height. Court. Dangerous Building. Dangerous Structure. Derelict Building. Duplex. Dwelling. Dwelling Classifications.a. b. c. d. e. f. g. h. i. Dwelling Unit. Exit. Exterior Property Area. Extermination. Floor Area. Habitable Room (Space). Hazardous Materials. Hotel. Human Habitation. Immediate Danger. Infestation. Inspection. Inspector. Interested Party. Kitchen. Lavatory. Maintenance. Manufactured Dwelling. Motel. Occupancy. Occupant. Occupied. Operator. Outdoor area. Owner. Plumbing or Plumbing Fixtures. Property. Public right of way. Repair. Resident. Residential Property. Residential Rental Property. Residential Structure. Shall. Single-Family Dwelling. Single-Room Occupancy Housing Unit. Sink. Sleeping Room. Smoke Alarm or Detector. Structure. Substandard. Supplied. Swimming Pool. Toilet. Toilet Compartment. Transient Occupancy.a. b. c. d. Two-Family Dwelling. Unoccupied. Unsecured. Yard.
The definition of words with specific meaning in this chapter are as follows:
The act of removing, repairing, or taking other steps as may be necessary in order to remove a nuisance.
Any structure not intended for human occupancy which is located on residential property. Accessory structures may be attached to or detached from the residential structure. Examples of accessory structures include: garages, carports, sheds, and other non-dwelling buildings; decks, awnings, heat pumps, fences, trellises, flag poles, tanks, towers, exterior stairs and walkways, and other exterior structures on the property.
See Dwelling Classifications.
Meets the standards set forth by applicable provisions of the Tigard City Code including any applicable regulations for electric, plumbing, building, or other sets of standards included by reference in this chapter.
The usable portion of a building which is below the main entrance story and is partly or completely below grade.
Secured against entry by apparatus which is visible off the premises and is not both lawful and customary to install on occupied structures.
Any structure used or intended to be used for supporting or sheltering any use or occupancy.
A building constructed and legally occupied prior to the adoption of this chapter, and one for which a building permit has been lawfully issued and has not been revoked or lapsed due to inactivity.
The Building Official, or authorized representative, charged with the enforcement and administration of this chapter.
The clear distance between the floor and the ceiling directly above it.
A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
See Dangerous Structure.
Any structure which has any of the conditions or defects described in Section 14.16.380.
Any structure which has any of the conditions or defects described in Section 14.16.370(A)
See Dwelling Classifications, "Two-Family Dwelling."
Any structure containing dwelling units, including all dwelling classifications covered by this chapter.
Types of dwellings covered by this chapter include:
Accessory Dwelling Unit.
An additional dwelling unit within a detached single-family dwelling, subject to the provisions of Title 18.
Single-Family Dwelling.
A structure containing one dwelling unit, including adult foster care homes.
Two-Family Dwelling.
A structure containing two dwelling units, also known as a "duplex."
Apartment House.
Any building or portion of a building containing three or more dwelling units, which is designed, built, rented, leased, let, or hired out to be occupied for residential living purposes.
Hotel.
Any structure containing dwelling units that are intended, designed, or used for renting or hiring out for sleeping purposes by residents on a daily, weekly, or monthly basis.
Motel.
For purposes of this chapter, a motel shall be defined the same as a hotel.
Single-Room Occupancy Housing Unit.
A one-room dwelling unit in a hotel providing sleeping, cooking, and living facilities for one or two persons in which some or all sanitary or cooking facilities (toilet, lavatory, bathtub or shower, kitchen sink, or cooking equipment) may be shared with other dwelling units.
Social Care Facilities.
Any building or portion of a building, which is designed, built, rented, leased, let, hired out or otherwise occupied for group residential living purposes, which is not an apartment house, single-family dwelling or two-family dwelling. Such facilities include but are not limited to, retirement facilities, assisted living facilities, residential care facilities, half-way houses, youth shelters, homeless shelters and other group living residential facilities.
Manufactured Dwelling.(1) (2) (3)
The term "manufactured dwelling" includes the following types of single-family dwellings:
Residential Trailer.
A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed before January 1, 1962.
Mobile Home.
A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.
Manufactured Home.
A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations.
Manufactured Dwelling does not include any unit identified as a recreational vehicle by the manufacturer. |
One or more habitable rooms that are occupied by, or in the case of an unoccupied structure or portion of a structure, are designed or intended to be occupied by, one person or by a family or group living together as a single housekeeping unit that includes facilities for living and sleeping and, unless exempted by this chapter in Sections 14.16.230 and 14.16.240, also includes facilities for cooking, eating, and sanitation.
(Means of Egress.) A continuous, unobstructed means of escape to a public way, as defined in the building code in effect in the City.
The sections of residential property which are outside the exterior walls and roof of the dwelling.
The elimination of insects, rodents, vermin or other pests at or about the affected building.
The area of clear floor space in a room exclusive of fixed or built-in cabinets or appliances.
Habitable room or space is a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.
Materials defined by the current fire code adopted by the Tualatin Valley Fire and Rescue District as hazardous.
See Dwelling Classifications.
The use of any residential structure or portion of the structure in which any person remains for continuous periods of two hours or more or for periods which will amount to four or more hours out of 24 hours in one day.
Any condition posing a direct immediate threat to human life, health, or safety.
The presence within or around a dwelling of insects, rodents, vermin or other pests to a degree that is harmful to the dwelling or its occupants.
The examination of a property by a person authorized by law for the purpose of evaluating its condition as provided by this chapter.
An authorized representative of the Building Official whose primary function is the inspection of properties and the enforcement of this chapter.
Any person or entity that possesses any legal or equitable interest of record in a property including but not limited to the holder of any lien or encumbrance of record on the property.
A room used or designed to be used for the preparation of food.
A fixed wash basin connected to hot and cold running water and the building drain and used primarily for personal hygiene.
The work of keeping property in proper condition to perpetuate its use.
See Dwelling Classifications.
See Dwelling Classifications.
The lawful purpose for which a building or part of a building is used or intended to be used.
Any person (including an owner or operator) using a building, or any part of a building, for its lawful, intended use.
Used for an occupancy.
Any person who has charge, care or control of a building or part of a building in which dwelling units are let or offered for occupancy.
All parts of property that are exposed to the weather including the exterior of structures built for human occupancy. This includes, but is not limited to; open and accessible porches, carports, garages, and decks; accessory structures, and any outdoor storage structure.
The person whose name and address is listed as the owner of the property by the County Tax Assessor in the County Assessment and Taxation records.
Plumbing or plumbing fixtures mean any water heating facilities, water pipes, vent pipes, garbage or disposal units, waste lavatories, bathtubs, shower baths, installed clothes-washing machines or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with all connection to water, gas, sewer, or vent lines.
Real property and all improvements or structures on real property, from property line to property line.
Any sidewalk, planting strip, alley, street, or pathway, improved or unimproved, that is dedicated to public use.
The reconstruction or renewal of any part of an existing structure for the purpose of its maintenance.
Any person (including owner or operator) hiring or occupying a room or dwelling unit for living or sleeping purposes.
Real property and all improvements or structures on real property used or in the case of unoccupied property intended to be used for residential purposes including any residential structure, dwelling, or dwelling unit as defined in this chapter and any mixed-use structures which have one or more dwelling units. Hotels that are used exclusively for transient occupancy, as defined in this chapter, are excluded from this definition of residential property.
Any property within the City on which exist one or more dwelling units which are not occupied as the principal residence of the owner.
Any building or other improvement or structure containing one or more dwelling units as well as any accessory structure. This includes any dwelling as defined in this chapter.
As used in this chapter, is mandatory.
See Dwelling Classifications.
See Dwelling Classifications.
A fixed basin connected to hot and cold running water and a drainage system and primarily used for the preparation of food and the washing of cooking and eating utensils.
Any room designed, built, or intended to be used as a bedroom as well as any other room used for sleeping purposes.
An approved detection device for products of combustion other than heat that is either a single station device or intended for use in conjunction with a central control panel and which plainly identifies the testing agency that inspected or approved the device.
That which is built or constructed, an edifice or building of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner, including but not limited to buildings.
In violation of any of the minimum requirements as set out in this chapter.
Installed, furnished or provided by the owner or operator.
An artificial basin, chamber, or tank constructed of impervious material, having a depth of 18 inches or more, and used or intended to be used for swimming, diving, or recreational bathing.
A flushable plumbing fixture connected to running water and a drainage system and used for the disposal of human waste.
A room containing only a toilet or only a toilet and lavatory.
Occupancy of a dwelling unit in a hotel where the following conditions are met:
Occupancy is charged on a daily basis and is not collected more than six days in advance;
The lodging operator provides maid and linen service daily or every two days as part of the regularly charged cost of occupancy;
The period of occupancy does not exceed 30 days; and
If the occupancy exceeds five days, the resident has a business address or a residence other than at the hotel.
See Dwelling Classifications.
Not used for occupancy.
Any structure in which doors, windows, or apertures are open or broken so as to allow access by unauthorized persons.
An open, unoccupied space, other than a court, unobstructed from the ground to the sky, and located between a structure and the property line of the lot on which the structure is situated.
(Ord. 99-02)