Chapter 8.03
DERELICT STRUCTURES
Sections:
8.03.020 Derelict structures prohibited.
8.03.030 Closing of derelict structures.
8.03.040 Derelict structure registration.
8.03.050 Derelict structure fees.
8.03.060 Waiver of derelict structure fees.
8.03.070 Abatement by demolition.
8.03.080 Failure to follow order to demolish.
8.03.010 Definitions.
The following definitions apply in this chapter. Whenever the words “dwelling unit,” “dwelling,” “premises,” or “building” are stated in this chapter, they shall be construed as though they were followed by the words “or any part thereof.”
“Abandoned structure” means a vacant structure, or portion thereof, that is an attractive nuisance to children at play or that is used for unlawful activity.
“Administrator” means the city manager of the city of Central Point or his/her designee.
“Boarded building” means an unoccupied building that has been secured against entry by material such as plywood, boards, or other similar material placed over openings, such as doors or windows and which are visible off the premises and are not both lawful and customary to install on an occupied structure.
“Building” means any structure occupied or intended for any occupancy.
“Building official” means the administrator of the building and safety division of the city of Central Point or the administrator’s designee.
“Deterioration” means a lowering in quality of the condition or appearance of a building, structure or parts thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or any other evidence of physical decay or neglect or excessive use or lack of maintenance.
“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
“Imminent hazard” means a condition that places a person’s life, health, or property in high risk of peril when such condition is immediate, impending, or on the point of happening.
“Legal owner” means any person recorded in the official records of the state, county or municipality as holding title to the premises.
“Let for occupancy” or “let” means to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
“Occupancy” means the purpose for which a building or portion thereof is used or intended to be used.
“Occupant” means any person living or sleeping in a building, or having possession of a space within a building or premises.
“Owner” means any legal owner or any person having charge, care or control of a premises.
“Partially constructed” means an occupied or vacant structure, or portion thereof, that has been left in a state of partial construction for more than six months or after the expiration of any building permit, or that has not had a required permit inspection within any six-month period.
“Person” means an individual, corporation, partnership or any other group acting as a unit.
“Pests” means any animals detrimental to humans or human concerns including but not limited to insects, rodents, rats or vermin.
“Premises” means a lot, plot or parcel of land including any structures thereon.
“Skilled manner” means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, without marring adjacent work and completed in conformance with generally accepted construction and maintenance practices.
“Structure” means that which is built or constructed or a portion thereof.
“Unfit for human habitation” means a structure that is unfit for human habitation as specified in this chapter whenever the administrator finds that such structure is in such disrepair or lack of maintenance, is unsanitary, is pest infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities to the extent that habitation would be injurious to the health and safety of the occupants.
“Unoccupied” means not being used for a lawful occupancy. (Ord. 1969 §1(part), 2013; Ord. 1917(part), 2008).
8.03.020 Derelict structures prohibited.
No structure shall be:
A. Boarded, unoccupied and unsecured; or
B. Partially constructed and abandoned; or
C. Maintained in a condition that is unfit for human habitation; or
D. Maintained in a condition that is an imminent hazard. (Ord. 1917(part), 2008).
8.03.030 Closing of derelict structures.
A. If the administrator finds a structure in violation of this chapter, the administrator is authorized to order that a placard be posted on the structure, to order the structure or portion thereof vacated. The placard shall contain the information required in this section.
B. No person shall occupy, and no owner shall allow another to occupy, a placarded structure or a structure or portion thereof ordered vacated by the administrator.
C. The administrator shall authorize removal of the placard whenever the violation(s) upon which the placarding action were based have been eliminated. No person shall deface or remove a placard without the approval of the administrator.
D. Notwithstanding other provisions of this chapter, whenever, in the opinion of the administrator, there is imminent hazard due to an unsafe condition, the administrator may order the necessary work to be done, including the boarding-up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the administrator deems necessary to meet such emergency. (Ord. 1917(part), 2008).
8.03.040 Derelict structure registration.
In the event the administrator determines that a structure violates this chapter, the legal owner of the structure shall be required to register the structure within ten days of the administrator’s order to register. Registration under the terms of this chapter shall be completed on forms to be provided by the administrator, and shall include information relating to the location and ownership of the structure, the expected period of its vacancy, a plan for regular maintenance during the period of vacancy, and a plan for its re-occupancy and use, or its demolition. Any change in the information provided pursuant to this section shall be given to the administrator within thirty days. When all code violations have been corrected, the owner shall contact the administrator and request an inspection to determine compliance. (Ord. 1917(part), 2008).
8.03.050 Derelict structure fees.
A. Every legal owner who keeps a structure within the city in violation of this chapter shall pay a nonrefundable quarterly fee as prescribed by resolution of the council for each derelict structure. Payment of the fee is due on the fifteenth day of April, July, October and January. Any payment of the fee that is more than thirty days past due may be considered delinquent and subject to a penalty of one hundred dollars for every delinquent quarterly payment.
B. In the event that the fees due under the terms of this section become delinquent for more than ninety days, or in the event the legal owner fails to register the structure as required, the city attorney, on request of the administrator, may file an action in the circuit court of the appropriate county for the recovery of any and all delinquent fees and penalties due under this section. Where the legal owner has failed to register the structure, the delinquent amount shall be the total yearly fee plus delinquent penalties.
C. All fees imposed under the terms of this section are to be paid prior to the issuance of any permit required for the demolition, alteration or repair of a structure. (Ord. 1917(part), 2008).
8.03.060 Waiver of derelict structure fees.
The administrator may waive all or a portion of the fees imposed under this chapter, if the following conditions are met:
A. All delinquent fees and penalties have been paid in full;
B. A timetable for the repair or demolition of the structure has been submitted by the legal owner and approved by the administrator;
C. All appropriate permits have been obtained for the repair or demolition of the structure;
D. The administrator is satisfied that the repairs or demolition of the structure are being undertaken and will be prosecuted to completion in a timely fashion; and
E. The legal owner provides written authorization for the city to enforce all applicable trespass and illegal camping ordinances and laws. (Ord. 1917(part), 2008).
8.03.070 Abatement by demolition.
A. In addition to and not in lieu of the abatement remedies provided for in Chapter 8.04, the city council may, by resolution and after affording the legal owner of the structure an opportunity to be heard before the council, request a public hearing before municipal court for the purpose of seeking authority to order the demolition of a derelict structure.
B. Upon receipt of such a request from the city council, the municipal court clerk shall set the matter for prompt public hearing before the municipal court and give the owner(s) and occupant(s) notice by certified mail of the date and time set for hearing. Notice shall also be posted on or near the derelict structure and copies delivered to the affected neighborhood association. Failure of the owner(s) or occupant(s) to receive such notice or an error in the name or address of a owner(s) or occupant(s) shall not render the notice void and in such case the notice shall be sufficient.
C. At the hearing, the administrator shall present whatever information, evidence or testimony he or she may deem relevant in support of the administrator’s determination, and the owner(s) and occupant(s) shall be afforded a like opportunity to rebut the determination. Any information, opinion, testimony, or evidence may be received which the municipal court deems material, relevant, and probative of the matters in issue. The owner(s) and occupant(s) may represent themselves or be represented by counsel of their choice; provided, that such counsel is admitted to the practice of law in the state of Oregon.
D. The municipal court may authorize the administrator to order the structure demolished if the administrator shows, by a preponderance of the evidence, that demolition would be in the public interest. The burden of proof shall be upon the administrator.
E. In determining whether a structure is so derelict as to require its owner to demolish the structure, the municipal court may consider the number and extent of the following factors:
1. Dilapidation;
2. Disrepair;
3. Structural defects noted by the building official or designee;
4. Defects increasing the hazards of fire, accident or other calamity, such as parts standing or attached in such manner as to be likely to fall and cause damage or injury;
5. Uncleanliness;
6. Sanitary facilities;
7. The presence of a public nuisance; and
8. The history of unlawful activity in or around the derelict structure. (Ord. 1917(part), 2008).
8.03.080 Failure to follow order to demolish.
A. Whenever a demolition is not commenced within thirty days after an order to demolish, the administrator may file with the municipal court a request to authorize the administrator to have the demolition performed and the cost thereof assessed as a lien against the property upon which the structure is located.
B. Upon filing of such a request, the municipal court clerk shall set the request for prompt hearing, and cause notice thereof to be served via certified mail to the owner(s) and occupant(s). Failure of the owner(s) or occupant(s) to receive such notice or an error in the name or address of a owner(s) or occupant(s) shall not render the notice void and in such case the notice shall be sufficient.
C. At the hearing, the owner(s) and occupant(s) shall be accorded an opportunity to show cause why the demolition should not be performed and the cost thereof assessed as a lien against the property. No issue heard and decided pursuant to this section shall be reintroduced or considered at the hearing provided in this section unless the municipal court, for good cause shown, determines that the interest of justice and fundamental fairness would best be served thereby.
D. The cost of demolition and a twenty percent charge for administrative overhead will be assessed in the manner provided in Chapter 8.04 of this code. (Ord. 1917(part), 2008).