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:
means a person designated to inspect and review plans and
construction under the authority of the 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.
means International Code Council.
means Oregon Administrative Rules.
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.
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:
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.
"Structure unfit for human occupancy"
"Unlawful structure"
"Unsafe equipment"
"Unsafe structures"
For
the purposes of this section, the following definitions will apply:
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.
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.
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.
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:
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.
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:
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
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.
(Ord. 2206 § 2, 2021)
