The purpose of this chapter is to establish uniform performance standards providing reasonable safeguards for the health, safety, welfare, comfort, and security of those who dwell, work, or visit the city and for the use of modern methods, devices, materials, techniques, and practicable efforts to maximum energy conservation.
(Ord. 2206 § 2, 2021)
A. 
This chapter will apply to the construction, alteration, moving, demolition, repair, maintenance, and work associated with any building or structure except those located in a public way.
B. 
Where, in any specific case, different sections of this chapter specify different materials, methods of construction, or other requirements, the most restrictive will govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement will apply.
C. 
Where there is a conflict between this chapter and the Oregon Revised Statutes, the statute will govern.
D. 
If a section, subsection, sentence, clause, or phrase of this code is, for any reason, held to be unconstitutional, that decision does not affect the validity of the remaining provisions of this code.
(Ord. 2206 § 2, 2021)
For the purpose of this chapter, the following definitions will apply:
"Building inspector"
means a person designated to inspect and review plans and construction under the authority of the Building Official.
"Building official"
means the officer appointed by the city of Milwaukie to regulate and enforce all provisions of this chapter pursuant to ORS 455.150 and who possesses a State Building Official Certification.
"ICC"
means International Code Council.
"OAR"
means Oregon Administrative Rules.
"ORS"
means Oregon Revised Statute.
(Ord. 2206 § 2, 2021)
A. 
The Building Official is authorized to enforce all the provisions of this chapter. The Building Official will have the power to render written and oral interpretations of this chapter and to adopt and enforce administrative procedures to clarify the application of its provisions. These interpretations, rules, and regulations will be in conformance with the intent and purpose of this chapter.
B. 
In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint technical officers, inspectors, plans examiners, and other employees to carry out the functions of this chapter including, but not limited to, enforcement.
(Ord. 2206 § 2, 2021)
The following specialty codes, rules, and standards are adopted and incorporated into this chapter by this reference:
A. 
Structural Code
The Oregon Structural Specialty Code (OSSC), as adopted by OAR 918-460-0010 through 918-460-0015, except as modified in this chapter, is enforced as part of this chapter.
1. 
In accordance with ORS 455.020(4) permits are required for the following and are governed by the OSSC as administered by the city:
a. 
Demolition.
b. 
Retaining walls over four feet in height or retaining a surcharge.
c. 
Fences, other than required swimming pool barriers, over seven feet in height.
d. 
Tanks not attached to or supported by a regulated building.
e. 
Cellular phone, radio, television and other telecommunication and broadcast towers that are not attached to or supported by a regulated building.
f. 
Ground mounted photovoltaic systems over 10 feet in height or where public accesses is allowed under the system.
g. 
Flagpoles over 25 feet in height.
h. 
In ground swimming pools.
i. 
Signs as regulated by OSSC Appendix H.
B. 
Mechanical Code
The Oregon Mechanical Specialty Code, as adopted by OAR 918-440-0010 through 918-440-0012, except as modified in this chapter, is enforced as part of this chapter.
C. 
Plumbing Code
The Oregon Plumbing Specialty Code, as adopted by OAR 918-750-0100 through 918-750-0115, except as modified in this chapter, is enforced as part of this chapter.
D. 
Electrical Code
The Oregon Electrical Specialty Code, as adopted by OAR 918-305-0000 through 918-305-0105, except as modified in this chapter, is enforced as part of this chapter.
E. 
Residential Code
The Oregon Residential Specialty Code, as adopted by OAR 918-480-0005 through 918-480-0010, except as modified in this chapter, is enforced as part of this chapter.
1. 
In accordance with ORS 455.020(4) permits are required for the following and are governed by the ORSC as administered by the city:
a. 
Demolition.
b. 
Fences, other than required swimming pool barriers, over seven feet in height.
c. 
Retaining over four feet in height or retaining a surcharge.
d. 
Tanks not attached to or supported by a regulated building.
e. 
Cellular phone, radio, television and other telecommunication and broadcast towers that are not attached to or supported by a regulated building.
f. 
Ground mounted photovoltaic systems over 10 feet in height or where public accesses is allowed under the system.
g. 
In ground swimming pools.
F. 
Manufactured Dwelling Parks Rules
The Manufactured Dwelling Park and Mobile Home Park Rules adopted by OAR 918-600-0005 through 918-600-0030 except as modified in this chapter, are enforced as part of this chapter.
G. 
Manufactured Dwelling Installation Rules
The Manufactured Dwelling Rules adopted by OAR 918-500-0000 through 918-500-0590 except as modified in this chapter, are enforced as part of this chapter.
H. 
Recreational Park and Organizational Camp Rules
The Recreational Park and Organizational Camp Rules adopted by OAR 918-650-0000 through 918-650-0080, except as modified in this chapter, are enforced as part of this chapter.
I. 
Appendix J of the OSSC is enforced as part of this chapter.
J. 
Energy Efficiency Specialty Code
The Oregon Energy Efficiency Specialty Code, as adopted by 918-460-0500, except as modified in this chapter, is enforced as part of this chapter.
(Ord. 2206 § 2, 2021)
When it may be necessary to inspect a building to enforce the provisions of this chapter, or the Building Official has reasonable cause to believe that there exists in a building or upon a premises a condition that is in violation of this chapter or otherwise makes 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, provided, that if the building or premises is occupied, credentials will be presented to the occupant and entry requested. If the building or premises is unoccupied, the Building Official will first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Building Official will have recourse to any remedies provided by law to secure entry.
(Ord. 2206 § 2, 2021)
A. 
Issuance
1. 
The application, plans, specifications, computations, and other data filed by an applicant for a permit will be reviewed by the Building Official. The plans may be reviewed by other departments to verify compliance with any applicable laws, regulations, and this code. If the Building Official finds that the work described in an application for a permit and the plans, specifications, and other data included in the application conforms to the requirements of this chapter and other applicable laws, regulations, and this code, and that the applicable fees have been paid, the Building Official will issue a permit to the applicant except as provided for in other portions of this chapter.
2. 
When the Building Official issues a permit where plans are required, the Building Official will endorse in writing or stamp the plans and specifications indicating the plans and specifications have been reviewed for code compliance. The approved plans and specifications must not be changed, modified, or altered without authorization from the Building Official, and all work regulated by the Building Official and this chapter must be done in accordance with the approved plans.
3. 
The Building Official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information has been submitted complying with all applicable requirements of this chapter. The issuance of a partial permit will not constitute or be construed as an assurance that the permit for the entire building or structure will be granted. The holder of a partial permit proceeds at the holder's own risk.
B. 
Retention of Plans
One set of approved plans, specifications, and computations will be retained by the Building Official as required by OAR 166-200-0250. One set of approved plans and specifications will be available to the applicant, who must print and keep this plan set on the site of the building or work at all times during which the authorized work is in progress.
C. 
Validity of Permit
1. 
The issuance or granting of a permit or approval of plans, specifications, and computations will not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or of any other chapter of this code or any other federal, state, or local law, statute, rule, regulation, or Oregon Specialty Code.
2. 
The issuance of a permit based on plans, specifications, and other data will not prevent the Building Official from requiring the correction of errors on plans, specifications and other data, or from stopping building operations when in violation of this chapter or of any other chapters of this code,
3. 
The issuance of a permit based on plans, specifications, and other data will not be a guarantee by the city or the Building Official of the soundness of the plans or specifications, and will not be a basis for imposing liability upon the city, the Building Official, or any of its agents or employees.
D. 
Not Transferable
Absent express approval of the Building Official, a permit issued to one person or firm is not transferable and does not permit any other person or firm to perform any work pursuant to the permit.
E. 
Permit Expiration, Extension, and Reinstatement
1. 
Every plan review or permit issued by the Building Official under the provisions of this chapter will expire by limitation and become null and void as outlined in the appropriate Oregon Specialty Code under which the permit was issued. Permits may be extended and reinstated as outlined in the appropriate Oregon Specialty Code under which the permit was issued.
2. 
Where a permit has expired, the permit can be reinstated and the work authorized by the original permit can be recommenced, provided the following are met:
a. 
The specialty code under which the original permit was issued and other chapters that are enforced by the Building Official have not been amended in any manner that affects the work authorized by the original permit.
b. 
No changes have been made or will be made in the original plans and specifications for the work.
c. 
If the original permit expired less than one year from the request to reinstate, the fee for a reinstated permit will be one-half (½) the amount required for a new permit. Where the request for reinstatement does not comply with the preceding criteria, a new permit, at full permit fees, based on the valuation of the work to be completed, will be required.
(Ord. 2206 § 2, 2021)
A. 
Whenever any work for which a permit is required by this chapter has been commenced without first obtaining a permit, a special investigation will be made before a permit can be issued for the work.
B. 
An investigation fee, in addition to the permit fee, may be collected whether a permit is issued or not. The payment of an investigation fee does not exempt any person from compliance with all other provisions of this chapter or from any penalty prescribed by law.
(Ord. 2206 § 2, 2021)
A. 
Fees charged under this chapter will be established by resolution of the City Council.
B. 
The Building Official may authorize a refund of fees paid if work has not been done on the permit. Requests for refunds must be in writing and must be within three months of the payment of the fees.
C. 
Building permit valuation will be determined as outlined in OAR 918-050-0100 through 918-050-0855.
(Ord. 2206 § 2, 2021)
A. 
It is the duty of the permit holder or authorized agent to timely request all inspections that may be necessary or otherwise required, to provide safe access to the site and inspection area, and to provide all equipment needed to access the inspection area as may be deemed necessary or appropriate by the Building Official. All corrections required by the Building Official must be made within a reasonable time and before covering. The permit holder must not proceed with construction activity until authorized to do so by the Building Official. It is the duty of the permit holder to cause the work to remain accessible and exposed for inspection purposes. Any expense incurred by the permit holder to remove or replace any material required for proper inspection will be the responsibility of the permit holder.
B. 
The Building Official will make all the required inspections or will accept reports of inspection by approved agencies or individuals. Reports of inspections must be in writing and be certified by a responsible officer of the approved agency or by the responsible individual. The Building Official is authorized to engage any expert opinion deemed necessary to report on unusual technical issues that arise subject to the approval of City Council.
(Ord. 2206 § 2, 2021)
Whenever any work is being done contrary to the provisions of this chapter (or other pertinent laws or chapters implemented through enforcement of this chapter), the Building Official may order the work stopped by a notice in writing served on any person(s) engaged in the work to be done. Such person(s) must stop work until specifically authorized by the Building Official to proceed.
(Ord. 2206 § 2, 2021)
The Building Official or the Building Official's authorized representative will have the authority to disconnect any utility service provided to a structure, premises, or equipment regulated by this chapter when necessary to eliminate an immediate hazard to life or property. The Building Official will take reasonable steps to notify the serving utility and the owner and occupant of the building, structure, or premises of the decision to disconnect prior to disconnection, and will notify the serving utility, owner, and occupant of the building, structure, or premises in writing of the disconnection within a reasonable time after the disconnection.
(Ord. 2206 § 2, 2021)
A. 
When the Building Official determines that equipment, or any part of the equipment, regulated by this chapter has become hazardous to life, health, or property, the Building Official will order the equipment either removed from its location or restored to a safe and/or sanitary condition, as deemed appropriate by the Building Official. The order must be in writing and contain a fixed time limit for compliance. The defective equipment must not be used after the order is issued and before compliance with the order is approved by the Building Official.
B. 
When equipment or an installation is to be disconnected, written notice of the disconnection, and any causes for the disconnection, must be sent by first class U.S. mail within 24 hours to the involved utility, and the owner and/or occupant of the building, structure, or premises. When equipment is maintained in violation of this chapter and in violation of a notice issued pursuant to the provisions of this section, the Building Official may take any necessary action authorized by law to prevent, restrain, correct, or abate the violation.
(Ord. 2206 § 2, 2021)
No person will make a connection to or from an energy, fuel, or power supply to any equipment regulated by this chapter that has been disconnected or ordered disconnected or discontinued by the Building Official until the Building Official specifically authorizes the reconnection and/or use of the equipment.
(Ord. 2206 § 2, 2021)
All buildings and structures, and all equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered, or repaired must be maintained in good working order. All devices or safeguards that are required by this chapter must be maintained in conformance with this chapter. The owner or the owner's designated agent will be responsible for the maintenance of buildings and structures. To determine compliance with this section, the Building Official may cause a structure to be reinspected.
(Ord. 2206 § 2, 2021)
Whenever any building, structure, or equipment regulated by this chapter is used contrary to the provisions of this chapter, the Building Official may order the use discontinued and the structure, or any portion of the structure, vacated. All persons using the structure, or any portion of the structure, must discontinue the use within the time prescribed by the Building Official in the notice and make the structure, or any portion of the structure, comply with the requirements of this chapter. Use or occupancy of any structure, plumbing, mechanical equipment, or electrical system without approval of the Building Official is a violation of this chapter.
(Ord. 2206 § 2, 2021)
The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error on the basis of incorrect information, or if issuance of the permit and any activity authorized by the permit is in violation of any chapter or regulation of any other provisions of the Milwaukie Municipal Code. All permit fees will remain property of the city and will not be refunded.
(Ord. 2206 § 2, 2021)
A. 
Any person who performs an act prohibited by this chapter, or who fails to perform an act required by this chapter will, upon conviction thereof, be accessed a fine not to exceed $1,000 per violation. Each day that a violation exists is a separate offense.
B. 
In addition to any other enforcement mechanism authorized by this code, upon a determination by the Building Official that a person has violated a provision of this chapter or a rule adopted under this chapter, the Building Official may impose upon the violator and/or any other responsible person an administrative civil penalty as provided by this subsection. For purposes of this subsection, a responsible person includes the violator, and if the violator is not the owner of the building or property at which the violation occurs, may also include the owner. The administrative civil penalty will be an amount set by the Building Official not to exceed $5,000 or $1,000 per day for a continuous violation.
1. 
Prior to imposing an administrative civil penalty under this subsection, the Building Official will pursue reasonable attempts to secure voluntary correction, and may issue a notice of civil violation to one or more of the responsible persons to correct the violation if voluntary correction is not obtained. Except where the Building Official determines that the violation poses an immediate threat to the health, safety, environment, or public welfare, the time for correction will be not less than five calendar days.
2. 
Following the date or time by which the correction must be completed as required by an order to correct a violation, the Building Official will determine whether the correction has been completed. If the required correction has not been completed by the date and time specified in the order, the Building Official may issue a notice of administrative civil penalty to each person to whom an order to correct was issued.
3. 
Notwithstanding subsection B.1 above, the Building Official may impose an administrative civil penalty without having issued an order to correct the violation or having made attempts to secure voluntary correction where the Building Official determines that the violation was knowing or intentional or a repeat of a similar violation.
4. 
In imposing a penalty authorized by this subsection, the Building Official must consider:
a. 
The person's past history of taking all feasible steps or procedures necessary or appropriate to correct the violation;
b. 
Any prior violations of statutes, rules, orders and permits;
c. 
The gravity and magnitude of the violation;
d. 
Whether the violation was repeated or continuous;
e. 
Whether the cause of the violation was an unavoidable accident, negligence or an intentional act;
f. 
The violator's cooperativeness and efforts to correct the violation; and
g. 
Any other relevant circumstances recognized by the Building Official.
5. 
The notice of administrative civil penalty must either be served by personal service or sent by registered or certified mail or by first class mail. Notices served by mail will be deemed received for purposes of any time computations three days after the date mailed if to an address within this state, and seven days after the date mailed if to an address outside this state. A notice of administrative civil penalty must include:
a. 
A description of the alleged violation and a reference to the particular code provision or rule involved;
b. 
A statement that the city intends to assess an administrative civil penalty for the violation and the amount of the penalty or penalties imposed;
c. 
The date the order to correct was issued and time by which correction was to be made, or if the penalty is imposed pursuant to this section, a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated;
d. 
A statement of the party's right to appeal the assessment of the administrative civil penalty to the City Manager or City Manager's designee; and
e. 
The method and deadline by which an aggrieved person must file an appeal.
6. 
Any person who is issued a notice of administrative civil penalty may appeal the penalty to the City Manager or City Manager's designee. The City Manager's designee must not be the Building Official or Building Inspector. The provisions of Section 15.04.210 of this chapter will govern any requested appeal hearing, except that the burden of proof will be on the Building Official.
7. 
An administrative civil penalty imposed under this subsection will become final upon expiration of the time for filing an appeal, unless the responsible person appeals the penalty to the City Manager or City Manager's designee within 15 days of the issuance of the notice of administrative civil penalty. If the responsible person appeals the administrative civil penalty to the City Manager or City Manager's designee, the penalty will become final upon issuance of a decision on the appeal affirming the administrative civil penalty.
8. 
Each day the violator fails to remedy the code violation will constitute a separate violation.
9. 
Failure to pay a penalty within 10 days after the penalty becomes final as provided in subsection B.7 above will constitute a violation of this code. Each day the penalty is not paid will constitute a separate violation. The Building Official is also authorized to collect the penalty by any of the following; administrative action, judicial action, proceeding authorized by subsection B.11 below, any other provision of this code, or by any means provided by law.
10. 
The civil administrative penalty authorized by this subsection will be in addition to:
a. 
Assessments or fees for any costs incurred by the city for remediation, cleanup, or abatement; and
b. 
Any other actions authorized by law.
11. 
If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property, and the penalty remains unpaid thirty days after the penalty becomes final, the Building Official must assess the property the full amount of the unpaid penalty and will enter the assessment as a lien in the docket of city liens. At the time the assessment is made, the Building Official must notify the responsible person that the penalty has been assessed against the real property upon which the violation occurred and has been entered in the docket of city liens. The lien will be enforced in the same manner as liens established by municipal court judgment pursuant to Section 1.08.300. The interest will commence from the date of entry of the lien in the city's lien docket.
12. 
In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to this section will be grounds for withholding issuance of any requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or certificates of occupancy.
(Ord. 2206 § 2, 2021)
A. 
A person aggrieved by a notice of administrative civil penalty issued by the Building Official for violation of this chapter may, within 15 days after the date of notice of the action, appeal in writing to the City Manager or designee. The appeal will be accompanied by a fee as established by the Master Fee Schedule and must state:
1. 
The name and address of the appellant;
2. 
The nature of the determination being appealed;
3. 
The reason the determination is incorrect; and
4. 
What the correct determination of the appeal should be.
B. 
An appellant who fails to file an appeal within the time permitted waives the objection. Except as otherwise provided in this section, the appeal fee is not refundable.
C. 
If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until final determination of the appeal. Notwithstanding this paragraph, an emergency suspension will take effect upon the date of issuance of the notice of suspension or the date specified in the notice
D. 
Unless the appellant and the city agree to a longer period, an appeal must be heard by the City Manager or City Manager's designee within 30 days of the receipt of the notice of intent to appeal. At least 10 days prior to the hearing, the city must mail notice of the time and location of the hearing to the appellant.
E. 
The City Manager or City Manager's designee will hear and determine the appeal on the basis of the appellant's written statement and any additional evidence the City Manager or City Manager's designee deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply.
F. 
The City Manager or City Manager's designee must issue a written decision within 10 days of the hearing date. The decision of the City Manager or City Manager's designee is final and may include a determination that the appeal fee be refunded to the applicant upon a finding by the City Manager or City Manager's designee that the appeal was not frivolous.
(Ord. 2206 § 2, 2021)
A. 
Any person aggrieved by a decision of the Building Official, other than a decision to impose an administrative civil penalty pursuant to Section 15.04.200, must first appeal the decision in writing to the Building Official and request a written determination. An appeal can only be made based on an interpretation of the code and cannot be used as a request for a waiver or modification.
B. 
If the person disagrees with the written determination of the Building Official, they may file an appeal with the appropriate State of Oregon Building Codes Division Program Chief.
C. 
If the person disagrees with the determination of the program chief to which they appealed the decision of the Building Official, they can file an appeal with the appropriate advisory board pursuant to ORS 455.690.
(Ord. 2206 § 2, 2021)
A. 
For the purposes of this section, the following definitions will apply:
"Structure unfit for human occupancy"
means a structure determined by the Building Official to be unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
"Unlawful structure"
means a structure found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, or occupied contrary to applicable law.
"Unsafe equipment"
means any equipment including, but not limited to, any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in a condition of disrepair or condition that presents a hazard to life, health, property or safety of the public or occupants of the premises or structure.
"Unsafe structures"
means a structure that is determined by the Building Official to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because the structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of faulty construction or unstable foundation, that partial or complete collapse is possible.
B. 
Dangerous Buildings
Any building, structure or property, whether improved or unimproved, that has any of the conditions or defects described in this section will constitute a "dangerous building," provided these conditions or defects endanger the health, safety, or welfare of the public or occupants of the building structure or property in question:
1. 
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 a safe and adequate means of exit.
2. 
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 a safe and adequate means of exit.
3. 
The stress in any materials or member due to dead or live loads, is more than one-and-one-half times the working stress or stresses allowed in the currently adopted Oregon Specialty Codes for new buildings of similar structure, purpose and location.
4. 
Any portion of the building, structure, or property has been damaged by fire, earthquake, wind, deterioration, neglect, abandonment, vandalism, or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
5. 
Any portion, member, ornamentation, or appurtenance of the building, structure, or property is likely to fail, to become detached or dislodged, or to collapse, and potentially injure persons or damage property.
6. 
Any portion of the building, structure, or property has wracked, warped, buckled, or settled to the extent that walls or other structural members have materially less resistance to winds or earthquakes than is required of similar new construction.
7. 
Whenever any portion of the building, structure, or property is likely to partially or completely collapse because of:
a. 
Dilapidation, deterioration, or decay;
b. 
Faulty construction;
c. 
The removal, movement, or instability of any portion of the ground necessary to the support of the building;
d. 
The deterioration, decay, or inadequacy of its foundation;
e. 
Some portion of the foundation or underpinning of the building or structure is likely to fail or give away; or
f. 
Any other cause.
8. 
The building or structure, or any portion of the building or structure, is unsafe for use and/or occupancy.
9. 
The exterior walls or other vertical structural members list, lean or buckle to the extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.
10. 
The building, structure, or property 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, or criminals; or
c. 
A location that enable persons to commit or abets persons in the commission of unlawful acts.
11. 
The building, structure, or property has been constructed, exists, is used, or is maintained in violation of any specific requirement, prohibition or permit condition applicable to the building, structure, or property provided by any provision of this code, the currently adopted Oregon Specialty Codes, or state law.
12. 
The building, structure, or property, used or intended to be used for dwelling purposes, is determined by the Building Official to be unsanitary, unfit for human habitation, or in a condition that is likely to cause sickness or disease because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems.
13. 
The building, structure, or property, is determined by the Building Official to be a fire, life, or safety hazard, because of, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, fire protection systems, electrical systems, fuel connections or mechanical systems, or other cause.
14. 
The building, structure, or property is maintained in violation of the provisions of this chapter.
15. 
Any portion of a building or structure remains on a site after the demolition or destruction of the building or structure and that qualifies as an attractive nuisance or hazard to the public.
C. 
Administration
1. 
Inspections. The Building Official is authorized to make inspections, take actions, and make interpretations as required to enforce the provisions of this chapter.
2. 
Right of Entry. The Building Official has the right of entry as outlined in Section 15.04.080.
3. 
Closing of Vacant Structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Building Official is authorized to post a placard of condemnation on the premises and order the structure closed to avoid an attractive nuisance. Upon failure of the owner or the owner's authorized agent to close the premises within the time specified in the order, the Building Official will cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost will be charged against the property upon which the structure is located and a lien will be placed against the property to be collected by any legal resource available to the city.
4. 
Enforcement Upon Inspection. All buildings, structures, or properties, whether improved or unimproved, which are determined after inspection by the Building Official to be dangerous as defined in this chapter are declared to be public nuisances and will constitute a civil infraction.
5. 
Posting of Property and Restriction of Access. The Building Official, upon a finding that a building, structure, or property constitutes a dangerous building may post the property with a notice. The Building Official may also define the specific area of danger and prohibit all persons from entering onto, occupying, or inhabiting the dangerous building area. Notice must include at least the following:
a. 
That the Building Official, upon inspection, has determined the structure to be dangerous and a hazard to the public health, safety, or welfare;
b. 
That the property is not to be entered upon or occupied by anyone without specific authority of the Building Official; and
c. 
That any person found to be occupying or otherwise upon the property without authority will be subject to citation and arrest for trespass.
6. 
Violation of Posting. Violation by any person of notice and access restriction will constitute trespass, a misdemeanor offense under this code. Any person who enters or remains in or on a building, structure, or property that the Building Official has posted under authority of this section commits the crime of criminal trespass and may be subject to arrest or prosecution under ORS 164.245 or 164.255, whichever is applicable under the circumstances.
D. 
Emergency Enforcement
Notwithstanding any other section of this chapter, the Building Official may require immediate remedial action to enforce the provisions of this chapter, in accordance with Chapter 1.08 of this code.
E. 
Action Required
1. 
Corrective Action Required. The owner, owner's authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the Building Official must abate or cause to be abated or corrected the unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
2. 
Notice to person responsible. Whenever the Building Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice will be served upon each of the following if known to the Building Official or disclosed from official public records:
a. 
The record owner;
b. 
The holder of any mortgage, deed of trust, or other lien or encumbrance of record;
c. 
The owner or holder of any lease of record; and
d. 
The holder of any other estate or legal interest of record in or to the building or the land on which it is located.
3. 
The notice must:
a. 
Be in writing;
b. 
Include a description of the property sufficient for identification;
c. 
Include a statement of the violation or violations and why the notice is being issued;
d. 
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code;
e. 
Inform the property owner or owner's authorized agent of the right to appeal; and
f. 
Include a statement of the city's ability to file a lien in accordance with Section 1.08.300.
4. 
Method of service. The notice will be deemed to be properly served if a copy is delivered personally or sent by certified or first-class mail addressed to the last known address. If the notice is returned showing that the letter was not delivered, a copy will be posted in a conspicuous place in or about the structure affected by the notice.
5. 
Failed Delivery of Notice. The failure to serve any person noted above will not invalidate any proceedings as to any other person duly served or relieve any person from any duty or obligation imposed by the provisions of this section.
6. 
Failed Reception of Notice. The failure of any person to receive notice will not affect the validity of any proceedings taken under this section.
7. 
Date of Service. Service by certified mail will be effective on the date of mailing.
8. 
Proof of Service. Proof of service of the notice and order must be certified 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 must be affixed to the copy of the notice and order retained by the Building Official.
F. 
Repair, Vacation, and Demolition
The following standards will be followed by the Building Official in ordering repair, vacation, or demolition of any dangerous building or structure:
1. 
Any building declared a dangerous building under this chapter must be made to comply with one of the following:
a. 
The building must be repaired by the owner in accordance with the currently adopted Oregon Specialty Codes or other current code that is applicable to the type of substandard conditions requiring repair;
b. 
The building must be demolished by building owner; or
c. 
If the building does not constitute an immediate danger to the health, safety, or welfare of the public it may be vacated, secured, and maintained by the owner against entry.
2. 
If the condition of a building or structure makes it immediately dangerous to the health, safety, or welfare of the public or its occupants, it will be ordered to be vacated, secured, and maintained by the owner against entry until the condition is abated by the owner and approved by the Building Official.
G. 
Abandoned Structure
If a dangerous building remains for 180 days from the date of declaration, it will be deemed an abandoned structure. An abandoned structure will be deemed a nuisance and is subject to enforcement and abatement according to Chapter 8.04.
H. 
Violation—Penalty
1. 
No person will cause, create, construct, maintain, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, occupy, or otherwise use any dangerous building or cause or permit any dangerous building to be in violation of this section.
2. 
Penalties for noncompliance with orders and notices from this section will be as set forth in Section 15.04.200.
(Ord. 2206 § 2, 2021)