Chapter 15.12 ABATEMENT OF DANGEROUS BUILDINGS*

(1) The purpose of this chapter is to provide a just, equitable and functional method for the repair, demolition or vacation of buildings that endanger the life, limb, health, morals, property, safety, or welfare of their occupants, adjacent property owners, or the general public. The remedies created by this chapter are intended to supplement all other remedies provided by the Building Code, Housing Code and other applicable laws and regulations.

(2) This chapter is not designed to create any particular class of persons who will be especially protected under its provisions.

(3) This chapter shall apply to all buildings in this jurisdiction that are currently dangerous or hereafter become dangerous, as those terms are defined in this chapter.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

15.12.020 Administration.

The City Administrator or his or her designee is hereby authorized to enforce the provisions of this chapter. The City Administrator shall have the power to render interpretations of this chapter and to adopt and enforce rules and supplemental regulations in order to clarify the application of this chapter. Such interpretations, rules and regulations shall conform with the intent and purpose of this chapter.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.030 Definitions.

When used in this chapter, the following terms, phrases, words and their derivations shall have the meanings ascribed to them below. When terms are used that are not defined below, they shall have the ordinary accepted meanings that are appropriate to their context. Words used in the singular include the plural and those used in the plural include the singular. Words used in the masculine gender include the feminine and those used in the feminine include the masculine.

(1) “Appellant” is a person who appeals a decision of the City Administrator to the Gladstone City Council.

(2) “Authorized Representative” may include, among others, the Fire Chief and Clackamas County Building Official, or their designated representatives.

(3) “Building” is any building or structure constructed for any purpose whatsoever.

(4) “Building Code” is the State of Oregon Building Code as defined in ORS 455.010.

(5) “City Administrator” is the chief executive officer of the city, appointed by the Gladstone City Council, and includes that official’s authorized representatives.

(6) “Dangerous Building” is any building that endangers the life, limb, health, morals, property, safety or welfare of its occupants, adjacent property owners or the general public because of one or more of the following conditions or defects:

(a) A door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or does not provide a safe and adequate means of exit in case of fire or panic;

(b) The walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe that it does not provide a safe and adequate means of exit in case of fire or panic;

(c) The stress in any materials, member or portion of the building, under all dead and live loads, is more than 1 1/2 times the working stress or stresses allowed in the Building Code for new buildings with a similar structure, purpose or location;

(d) The building has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability is materially less than it was before the catastrophe and is less than the minimum requirements of the Building Code for new buildings with a similar structure, purpose or location;

(e) A portion or member or appurtenance of the building is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

(f) A portion of a building, or any member, appurtenance or ornamentation on the exterior of the building 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 that specified in the Building Code for new buildings of similar structure, purpose or location, without exceeding the working I stresses permitted in the Building Code for such buildings;

(g) A portion of the building has wracked, warped, buckled or settled such that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;

(h) The building, or any portion thereof, 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 for the purpose of supporting the building;

(D) the deterioration, decay or inadequacy of its foundation; or

(E) any other cause.

(i) The building, or any portion thereof, is manifestly unsafe for the purpose it is being used;

(j) 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) The building, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting members or fifty percent (50%) damage or deterioration of its non-supporting members, enclosing or outside walls, or coverings;

(l) The building 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, criminals or immoral persons; or

(m) The building exists in violation of any specific requirement or prohibition applicable to buildings under:

(A) the building regulations of Clackamas County;

(B) the Building Code;

(D) any state or local law, rule or regulation relating to the condition, location or structure of buildings.

(n) Whether or not erected in accordance with all applicable laws and codes, the building has less than fifty percent (50%) in any non-supporting part, member or portion, or less than sixty-six percent (66%) in any supporting part, member or portion, of the:

(A) strength;

(B) fire-resisting qualities or characteristics; or

(C) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of similar area, height and occupancy in the same location.

(o) A building used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in a condition that could cause sickness or disease;

(p) The building, 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) The building constitutes a public nuisance under the common law or in equity jurisprudence;

(r) A portion of the building remains on a site after the demolition or destruction of the building, or the building is abandoned for a period in excess of six months, and appears to constitute an attractive nuisance or a hazard to the public;

(7) “Housing Code” is the Uniform Housing Code promulgated by the International Conference of City Administrators.

(8) “Person” includes human beings and, where appropriate, public or private corporations, unincorporated associations, partnerships, firms, governments or governmental instrumentalities.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

15.12.040 Abatement of dangerous buildings.

(1) When a building, in whole or in part, is determined by the City Administrator to be dangerous under this chapter, it is hereby declared to be a public nuisance.

(2) Such buildings must be abated by repair, demolition, vacation, or securing in accordance with this chapter.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.050 Violations.

It shall be unlawful for any person to do or allow any of the following in violation of this chapter: erect, construct, enlarge, alter, repair, move, improve, remove, convert, equip, use, occupy, maintain or demolish any building designated dangerous.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.060 Alterations, additions and repairs.

All buildings required to be altered or repaired under the provisions of this chapter shall also be subject to the provisions of the Building Code and all state and local building regulations.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.070 Inspections.

All buildings within the scope of this chapter and all construction or work for which a permit is required shall be subject to inspection by the City Administrator in accordance with this chapter, state and local regulations, and the Building Code.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.080 Right of entry.

(1) When it is necessary to make an inspection to enforce the provisions of this chapter, or when the City Administrator has reason to believe that a building is in a condition that is unsafe, dangerous or hazardous, the City Administrator may enter the building at reasonable times to inspect, or to perform the duties imposed by this chapter.

(2) If the building is occupied, credentials must be presented to the occupant(s) when entry is requested.

(3) If the building is unoccupied, the City Administrator shall first make a reasonable effort to locate the owner or other person having control of the building and request entry.

(4) If entry is refused, the City Administrator shall have recourse to the remedies provided by law to secure entry.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.090 City Council.

The Gladstone City Council shall hear and decide appeals of orders, decisions or interpretations of this chapter rendered by the City Administrator.

(1) Rules of Procedure. The City Council shall conduct its deliberations pursuant to the procedures set forth in this Chapter, and shall render all decisions and findings in writing to the appellant. Appeals to the City Council shall be processed in accordance with GMC Section 15.12.140. Copies of all rules or regulations adopted by the City Council shall be made accessible to the public.

(2) Limitations of Authority. The City Council shall have limited authority to interpret the administrative provisions of this chapter when necessary to rule on an appeal, but shall not be empowered to waive requirements of this chapter.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.100 Repair, demolition and vacation.

Commencement of Proceedings. When the City Administrator determines that a building is a dangerous building, the City Administrator shall commence proceedings to cause the repair, vacation or demolition of the building.

(1) Any dangerous building shall be made to comply with one of the following:

(a) The building shall be repaired in accordance with the laws, rules and regulations applicable to the type of substandard conditions requiring repair; or

(b) The building shall be demolished, either upon order of the City Administrator, or at the option of a building owner who chooses not to make ordered repairs; or

(c) If the building does not constitute an immediate danger to the life, limb, property or safety of the public, its occupants or adjacent property; it may be vacated, secured and maintained against entry.

(2) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, health, morals, property, safety or welfare of its occupants, adjacent property owners or the general public, it shall be ordered to be vacated.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.110 Notices and orders of City Administrator.

(1) Notice and Order. The City Administrator shall issue a Notice and Order directed to the record owner of any building determined to be dangerous. The Notice and Order shall contain:

(a) The street address and a legal or tax lot map description sufficient for identification of the premises where the building is located;

(b) Statements advising:

(A) When the building is also subject to a Notice to Vacate under GMC Subsection 15.12.100(2): that the City Administrator has found the building to be immediately dangerous with a brief description of the condition found that renders it immediately dangerous.

(B) When the building is not also subject to a Notice to Vacate at the time of the Notice and Order: that the City Administrator has found the building to be dangerous with a brief description of the conditions that render it dangerous under the provisions of GMC Subsection 15.12.030(G) of this chapter.

(A) If the City Administrator has determined that the building must be repaired:

(i) the order shall require that all required permits be secured and the work physically commenced within a time period not to exceed 60 days from the date of the order, and completed within a specified time frame determined by the City Administrator to be reasonable under all of the circumstances; and

(ii) if the City Administrator has determined that the building must be vacated pending the required repairs, the order shall also require that the building be vacated within a reasonable time certain from the date of the order, as determined by the City Administrator.

(B) If the City Administrator has determined that the building must be demolished, the order shall require that the building be vacated within a reasonable time certain from the date of the order as determined by the City Administrator; that all required permits be secured within sixty (60) days from the date of the order; and that the demolition be completed within such reasonable time as the City Administrator designates.

(C) If the City Administrator has determined that the building must be vacated, the order shall require that the building be vacated within a specified reasonable time period determined by the City Administrator.

(d) Statements advising that if any required repair or demolition work is not commenced within the time specified, the City Administrator may cause the work to be done and charge the costs against the property or its owner.

(e) Statements advising:

(A) that any person having any record title or legal interest in the building may appeal from the Notice and Order, or any action of the City Administrator, to the Gladstone City Council, provided the appeal is made as required by this chapter and filed with the City Administrator within thirty (30) days from the date of service of the Notice and Order or notice of other action of the City Administrator; and

(B) that failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter.

(2) Service of Notice and Order.

(a) The Notice and Order, and any amended or supplemental Notice and Order, shall be served upon the record owner and posted on the property; and one copy shall be served on each of the following, if known to the City Administrator or disclosed from official public records:

(A) the holder of any mortgage or deed of trust or other lien or encumbrance of record;

(B) the owner or holder of any lease of record; and

(b) The failure of the City Administrator to serve any person required to be served shall not invalidate the proceedings as to other persons duly served, nor will it relieve any persons from the duties or obligations imposed by this chapter.

(3) Method of Service. Service of the Notice and Order shall be made either personally or by mailing a copy of the Notice and Order by certified mail, postage prepaid, return receipt requested, to each person’s address as it appears on the last equalized assessment roll of Clackamas County, or as known to the City Administrator. If no address appears or is known to the City Administrator, then a copy of the Notice and Order shall be mailed to the person at the address of the building designated dangerous. The failure of any person to receive notice duly sent shall not invalidate these proceedings. Service by certified mail shall be effective on the date of mailing.

(4) Proof of Service. Proof of service of the Notice and Order shall be certified by a notarized written declaration, executed by the person(s) effecting the service, declaring the time, date and manner in which service was made. The declaration, together with any acknowledgment of receipt by certified mail, shall be affixed to the copy of the Notice and Order retained by the City Administrator.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.120 Recording notification documents.

(1) Certificate of Designation. If compliance with the order does not occur within the time specified, and no appeal is properly and timely filed, the City Administrator shall file a certificate in the office of the county recorder, describing the property and certifying:

(a) that the building is a dangerous building; and

(b) that the owner has been notified of this designation.

(2) Certificate Removing Designation. Whenever repair work or a demolition ordered under this chapter is completed and a dangerous building no longer exists on the property described in the certificate, the City Administrator shall file a new certificate with the county recorder, certifying that all required repair work has been completed, or the building has been demolished, and that the building is no longer dangerous.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.130 Notice to vacate.

(1) Posting. Every Notice to Vacate shall be served as provided in GMC Subsection 15.12.110(2), and shall be posted at or upon each exit of the building. A Notice to Vacate shall be in substantially the following form:

DANGEROUS BUILDING
DO NOT ENTER UNSAFE TO OCCUPY
NOTICE TO VACATE
DO NOT ENTER THIS BUILDING!!

No person shall remain in or enter this building after posting of this Notice to Vacate, except that entry may be made by a person with the appropriate permits and authorizations to repair, demolish or remove this building under the terms of the permits.

REASONS FOR EMERGENCY & NECESSITY
FOR VACATING THE STRUCTURE

This building or structure is in such condition as to make it immediately dangerous to the life, limb, health, morals property, safety or welfare of its occupants, adjacent property owners or the general public, because [describe why the building is immediately dangerous].

DO NOT REMOVE THIS NOTICE! !

POSTED THIS ______ DAY OF __________
BY: _________________________________
AUTHORIZED REPRESENTATIVE OF THE CITY ADMINISTRATOR ON BEHALF OF:
______________________________________
THE CITY ADMINISTRATOR

(2) Compliance. No person shall remain in or enter any building which has been posted with a Notice to Vacate, except to repair, demolish or remove the building pursuant to a valid permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed. Person(s) may only enter and remain in the posted building if both the required repairs have been completed and a certificate of occupancy has been issued.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.140 Appeal.

(1) Form of Appeal. Any person entitled to service under GMC Subsection 15.12.110(2) may appeal from any Notice and Order or any action of the City Administrator under this chapter by filing at the office of the City Administrator a written appeal containing:

(a) A heading in the words: “Before the Gladstone City Council.”

(b) A caption reading: “In the matter of the appeal of...,” giving the names of all appellants participating in the appeal.

(c) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the Notice and Order or other action of the City Administrator.

(d) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.

(e) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

(f) The signatures of all parties named as appellants and their official mailing addresses.

(g) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. The appeal form shall be substantially similar to that attached as Appendix “A.”

(2) Filing Appeal. The appeal shall be filed within thirty (30) days from the date of the service of the order or action of the City Administrator. However, if the building is designated immediately dangerous to the life, limb, health, morals, property, safety or welfare of its occupants, adjacent property owners, or the general public, and is ordered vacated, and is posted in accordance with GMC Section 15.12.130, an appeal must be filed within ten (10) days of the date of the service of the Notice and Order of the City Administrator.

(3) Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the City Administrator shall present it to the City Council within five business days.

(4) Scheduling and Giving Notice of Hearing on Appeal. As soon as possible after receiving the written appeal, the City Council shall fix a date, time and place for the hearing by the City Council. The date shall not be less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the City Administrator. Written notice of the time and place of the hearing shall be given to each appellant at least ten (10) days prior to the date of the hearing, either by:

(a) causing a copy of such notice to be delivered to the appellant personally; or

(b) mailing a copy of the notice to the appellant at the address shown on the appeal.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.150 Effect of failure to appeal.

Failure of any person to file an appeal in accordance with the provisions of GMC Section 15.12.140 shall constitute a waiver of the right to an administrative hearing and adjudication of the Notice and Order or other action of the City Administrator.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001

15.12.160 Scope of hearing on appeal.

Only those matters or issues specifically raised by the appellant in the written request for appeal shall be considered in the hearing of the appeal.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.170 Staying of order under appeal.

Except for vacation orders made pursuant to GMC Section 15.12.130, enforcement of any Notice and Order of the City Administrator issued under this chapter shall be stayed during the pendency of an appeal which is properly and timely filed in accordance with the provisions of this chapter.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.180 Procedures for conduct of appeal hearings.

(1) Record. A record of the entire appeal proceedings shall be made by tape recording; or by any other means of permanent recording found appropriate by the City Council.

(2) Continuances. The City Council may grant requests for a continuance if good cause is shown for the continuance.

(3) Oaths-Certification. In any proceedings under this chapter, the City Council has the power to administer oaths and to take notice of official acts.

(4) Reasonable Dispatch. The City Council shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of parties or their representatives.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.190 Form of notice of hearing.

The notice to appellant shall follow this basic form, but may include additional information:

“You are hereby notified that a hearing will be held before the Gladstone City Council at 525 Portland Avenue, Gladstone, Oregon on the ___ day of ____________, at the hour ______, upon the (Notice and Order or other action) regarding (address/location of building). You may be present at the hearing. You may be represented by counsel, but need not be. You may present any relevant evidence and will be given the opportunity to cross-examine witnesses testifying against you. In order to request that subpoenas be issued to compel the attendance of witnesses or the production of books, documents or other things, you must file an affidavit with the City Council requesting the subpoenas. If the affidavit does not substantially comply with Section 15.12.200 of the Gladstone Municipal Code, the request for subpoena will be denied.”

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.200 Subpoenas.

(1) Who May Obtain a Subpoena. The City Council may issue a subpoena for the attendance of witnesses or the production of other evidence at a hearing on its own motion or upon approving a written demand of any party.

(2) Filing of Affidavits. Requests for subpoenas shall be made by filing an affidavit that states the name and address of the proposed witness; specifies the exact things to be elicited from the witness, describes the materiality of the evidence to the issue(s) on appeal; and states that the witness has the desired evidence in possession or under control. A subpoena will not be issued unless the affidavit demonstrates that the testimony or evidence sought is relevant to the issue(s) on appeal, and available from the source identified.

(3) Penalties. If any person fails to comply with any subpoena issued under this subsection, or any party or witness refuses to testify on any matters on which (s)he may be lawfully interrogated, the City Council or party requesting issuance of the subpoena may apply to a judge of the Circuit Court of Clackamas County to compel obedience through proceedings for contempt as in the case of disobedience of the requirements of subpoenas issued from that court for a refusal to testify in court.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.210 Conduct of hearing.

(1) Rules. Hearings need not be conducted according to court rules regarding evidence and witnesses.

(2) Oral Evidence. Oral evidence shall be taken only on oath or affirmation of the witness. The City Council may administer oaths or affirmations to witnesses.

(3) Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.

(4) Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Common law or statutory rules that might dictate a contrary result in state courts will not apply.

(5) Exclusion of Evidence. Irrelevant, immaterial or unduly repetitious evidence shall be excluded.

(6) Official Notice. The City Council may take notice of judicially recognizable facts, and may take official notice of general, technical, or scientific facts within the specialized knowledge of county or city employees. Parties shall be advised of each fact officially noticed during the proceeding and afforded an opportunity to contest such facts prior to the final decision.

(7) Rights of Parties. Each party shall have the following rights, among others:

(a) To call and examine witnesses on any matter relevant to the issues of the hearing;

(b) To introduce documentary and physical evidence;

(d) To impeach any witness regardless of which party first called the witness to testify;

(e) To rebut the evidence; and

(f) To be represented by anyone who is lawfully permitted to do so.

(8) Inspection of premises. The City Council may inspect any building or premises involved in the appeal during the course of the hearing, provided that:

(a) Notice of the inspection is given to the parties before the inspection is made;

(b) The parties are given an opportunity to be present during the inspection; and

(c) The City Council states for the record the material facts observed and the conclusions reached upon completion of the inspection. Each party must be given an opportunity to rebut or explain observations and conclusions announced by the City Council.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1 (pan II), 2001

15.12.220 Method and form of decision.

(1) Form of Decision. The decision of the City Council shall be in writing, and shall contain findings of fact, a determination of the issues presented, and the requirements for compliance. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested. A decision shall be issued within fourteen (14) days of the conclusion of any appeals hearing.

(2) Effective Date of Decision. The effective date of the decision shall be as stated in the decision itself. The timelines for compliance with the final decision should be based on the guidelines for compliance with a Notice and Order under GMC Section 15.12.110, when appropriate.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.230 Compliance.

After any order of the City Administrator or the City Council made pursuant to this chapter becomes final, no person to whom the order is directed shall fail, neglect or refuse to obey the order. Any person who fails to comply with such an order shall be subject to one or more of the following enforcement actions, at the discretion of the City Administrator:

(1) Failure to Obey Notice and Order. If, after any Notice and Order of the City Administrator or City Council made pursuant to this chapter has become final, the person to whom the order is directed fails, neglects or refuses to obey the order, the City Administrator may institute any appropriate action to abate the building as a public nuisance, including filing a complaint with the Compliance Hearings Officer, or filing a Complaint with the Circuit Court of the County.

(2) Failure to Obey Notice to Vacate. No person shall occupy any building which has been posted with a Notice to Vacate as provided in GMC Section 15.12.130. No person shall remove or deface any posted Notice to Vacate until the repairs, demolition or removal ordered by the City Administrator have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code and local building regulations.

(3) Emergency Action Authorized. When a dangerous building is deemed by the City Administrator to create an emergency that necessitates immediate remedial action by the City of Gladstone, the City Administrator may, in addition to any other legal remedy:

(a) If the Notice and Order requires repair, cause the building to be repaired to the extent necessary to correct the conditions that render the building dangerous as set forth in the Notice and Order; or

(b) If the Notice and Order requires demolition, cause the building to be demolished and the materials, rubble and debris removed and the lot cleaned, without first instigating nuisance abatement proceedings of any kind. Any such repair or demolition work shall be accomplished, and the cost paid and recovered, in the manner provided in GMC Sections 15.12.260 through 15.12.330.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.240 Extension of time to perform work.

Upon receipt of an application from a person responsible for repair or demolition under a Notice and Order and by agreement of that person to comply with the order if allowed additional time, the City Administrator may grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete the repair or demolition, if the City Administrator determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life, limb, health, morals, property, safety or welfare of any person(s). The City Administrator’s authority to extend time for repair or demolition of the premises will in no way affect the time to appeal the Notice and Order.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.250 Interference with the administration of this chapter or the repair or demolition of buildings prohibited.

No person shall obstruct, impede or interfere with efforts by any officer, employee, contractor or authorized representative of this jurisdiction in the administration of this chapter or in the repair, demolition or vacation of a building subject to a Notice and Order issued under the provisions of this chapter. The first violation shall be punishable as a Class “A” Infraction. Subsequent violations by the same person pertaining to the same property shall be punishable as a Class “A” Misdemeanor.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.260 Performance of work or repair or demolition.

(1) Procedure. When any work of repair or demolition is to be done under GMC Section 15.12.230(3), of this chapter, the work shall be accomplished by county staff or by private contract. If any part of the work is to be accomplished by private contract, standard public contract procedures shall be followed.

(2) Costs. The cost of such work may be made a lien against the property involved, or may be made a personal obligation of the property owner.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.270 Recovery of cost of repair or demolition.

(1) The City Administrator shall keep an itemized account of the expenses incurred in the repair or demolition of any building pursuant to GMC Subsection 15.12.230(3).

(2) Upon completion of repair or demolition, the City Administrator shall prepare and file a report with the Gladstone City Council specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice under GMC Section 15.12.110.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.280 Notice of hearing.

(1) Notice of Hearing. Upon receiving the City Administrator’s cost report, the City Council shall fix a time, date and place for hearing the report and any protests or objections.

(2) How Given. Notice of the hearing shall be given in the following ways:

(a) By posting on the property involved;

(b) By publication once in a newspaper of general circulation in this jurisdiction; and

(c) By certified mail, postage prepaid, addressed to the owner of the property as the owner’s name and address appear on the last equalized assessment roll of the county, or as known to the clerk.

(3) When Given. Notice shall be given at least ten (10) days prior to the date set for the hearing and shall specify the day, hour and place when the legislative body will review the director’s report, to consider any objections filed by any person affected by the proposed charge.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.290 Protests and objections.

(1) Any person affected by the proposed charge may file written protests or objections with the City Administrator, prior to or at the time set for the hearing on the City Administrator’s cost report.

(2) Each protest or objection must contain a description of any property it refers to, and describe the grounds for the protest or objection.

(3) The City Administrator shall stamp each protest or objection with the date it was received.

(4) Protests or objections shall be considered by the City Council only if received prior to the time set for the hearing.

(5) No other protests or objections shall be considered.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.300 Hearing of protests.

(1) Upon the day and hour fixed for the hearing, the City Council shall hear the cost report of the director and consider any objections or protests.

(2) The City Council may make revisions, corrections or modifications to the report or the charge as it deems just; and only when the City Council is satisfied with the correctness of the charge will it confirm the report.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.310 Judicial review.

Any aggrieved party may seek judicial review of a final determination after hearing on a cost report. Judicial review shall be by Writ of Review as provided in ORS 34.010 through 34.100.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]

15.12.320 Personal obligation or lien on real property.

(1) Costs are payable from the time the City Council makes the final determination of costs. Costs constitute a debt to the City of Gladstone, and a personal obligation of the debtor, and may be collected in any manner allowed by law.

(2) If the costs ordered to be paid are not paid within 60 days of the order, the City of Gladstone shall file and record the order for payment in the County Clerk Lien Record, pursuant to ORS 30.460.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.

15.12.330 Reimbursement of building department.

All money recovered because of payment of the charges or liens imposed under this chapter shall be paid to the City of Gladstone’s treasurer, and credited to the City of Gladstone.

Statutory Reference: ORS 221.916

History: Ord. 1304 §1, 2001.