For the purpose of this chapter, certain terms, phrases, words
and their derivatives shall be construed as specified in either this
chapter or as specified in the Building Code or the Housing Code.
Where the terms are not defined, they shall have their ordinary accepted
meanings within the context they are used. Webster's Third New International
Dictionary of the English Language, unabridged, shall be construed
as providing ordinary accepted meanings. Words used in the singular
include the plural and the plural the singular. Words used in the
masculine gender include the feminine and the feminine the masculine.
"Building Code" means the International Building Code, latest
edition, adopted by the State of Oregon and promulgated by the International
Code Council.
"Dangerous building" means any building or structure deemed to be dangerous under the provisions of Section
15.08.100 of this chapter.
"Housing Code" means the Uniform Housing Code promulgated by
the International Conference of Building Officials.
(Ord. 1079-A § 301, 2005)
For the purpose of this chapter, any building or structure which
has any or all of the conditions or defects hereinafter described
shall be deemed to be a dangerous building, provided that such conditions
or defects exist to the extent that the life, health, property or
safety of the public or its occupants are endangered:
A. Whenever
any door, aisle, passageway, stairway or other means of exit is not
of sufficient width or size or is not so arranged as to provide safe
and adequate means of exit in case of fire or panic.
B. Whenever
the walking surface of any aisle, passageway, stairway or other means
of exit is so warped, worn, loose, torn or otherwise unsafe as to
not provide safe and adequate means of exit in case of fire or panic.
C. Whenever
the stress in any materials, member or portion thereof, due to all
dead and live loads, is more than one and one-half times the working
stress or stresses allowed in the Building Code for new buildings
of similar structure, purpose or location.
D. Whenever
any portion thereof has been damaged by fire, earthquake, wind, flood
or by any other cause, to such an extent that the structural strength
or stability thereof is materially less than it was before such catastrophe
and is less than the minimum requirements of the Building Code for
new buildings of similar structure, purpose or location.
E. Whenever
any portion or member or appurtenance thereof is likely to fail, or
to become detached or dislodged, or to collapse and thereby injure
persons or damage property.
F. Whenever
any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof is not of sufficient strength or stability,
or is not so anchored, attached or fastened in place so as to be capable
of resisting a wind pressure of one-half of that specified in the
Building Code for new buildings of similar structure, purpose or location
without exceeding the working stresses permitted in the Building Code
for such buildings.
G. Whenever
any portion thereof has cracked, warped, buckled or settled to such
an extent that wall or other structural portions have materially less
resistance to winds or earthquakes than is required in the case of
similar new construction.
H. Whenever
the building or structure, or any portion thereof, because of: (1)
dilapidation, deterioration or decay; (2) faulty construction; (3)
the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building; (4) the deterioration,
decay or inadequacy of its foundation; or (5) any other cause, is
likely to partially or completely collapse.
I. Whenever,
for any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
J. Whenever
the exterior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one-third of the
base.
K. Whenever
the building or structure, exclusive of the foundation, shows 33%
or more damage or deterioration of its supporting member or members,
or 50% damage or deterioration of its non-supporting members, enclosing
or outside walls or coverings.
L. Whenever
the building or structure has been so damaged by fire, wind, earthquake
or flood, or has become so dilapidated or deteriorated as to become:
(1) an attractive nuisance to children; (2) a harbor for vagrants,
criminals or immoral persons; or as to (3) enable persons to resort
thereto for the purpose of committing unlawful or immoral acts.
M. Whenever
any building or structure has been constructed, exists or is maintained
in violation of any specific requirement or prohibition applicable
to such building or structure provided by the building regulations
of this City, as specified in the Building Code, or of any law or
ordinance of this State or City relating to the condition, location
or structure of buildings.
N. Whenever
any building or structure which, whether or not erected in accordance
with all applicable laws and ordinances, has in any non-supporting
part, member or portion less than 50%, or in any supporting part,
member or portion less than 66% of: (1) strength; (2) fire-resisting
qualities or characteristics; or (3) weather-resisting qualities or
characteristics required by law in the case of a newly constructed
building of like area, height and occupancy in the same location.
O. Whenever
a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, inadequate light, air
or sanitation facilities, or otherwise, is determined by the City
health office to be unsanitary, unfit for human habitation or in such
a condition that is likely to cause sickness or disease.
P. Whenever
any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive
construction, faulty electric wiring, gas connections or heating apparatus,
or other cause, is determined by the Fire Marshal to be a fire hazard.
Q. Whenever
any building or structure is in such a condition as to constitute
a public nuisance known to the common law or in equity jurisprudence.
R. Whenever
any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever
any building or structure is abandoned for a period in excess of six
months so as to constitute such building or portion thereof an attractive
nuisance or hazard to the public.
(Ord. 1079-A § 302, 2005)