Chapter 15.10
BUILDING SAFETY AND MAINTENANCE CODE
Sections:
15.10.040 Securing a derelict building.
15.10.060 Substandard buildings.
15.10.080 Inspection and notice.
15.10.100 Derelict building registration..
15.10.110 Abatement of derelict building.
15.10.130 Assessment of abatement costs.
15.10.140 Agreement to defer, extend, or modify abatement assessment payments.
15.10.150 Deferral of abatement assessment payment – Eligibility criteria.
15.10.170 Appeals of decision or order.
15.10.180 Prohibited action – Separate violations – Penalties.
15.10.010 Title.
This chapter shall be known as the city of Myrtle Creek building safety and maintenance code, and may be cited as such and will be referred to herein as “this code.” [Ord. 837 § 1, 2020].
15.10.020 Purpose.
The purpose of this code is to provide minimum requirements for the protection of life, health, safety and the general welfare of the public and the owners and occupants of buildings in the city of Myrtle Creek. [Ord. 837 § 2, 2020].
15.10.030 Derelict building.
Any building, structure or portion thereof, including an open or abandoned building, which is determined to be unsafe or substandard as defined by MCMC 15.10.050 and 15.10.060, is hereby declared to be a derelict building and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in this code.
No person shall cause or allow a building they are responsible for to become derelict. No structure shall be boarded, uncoupled and unsecured, partially constructed, abandoned, maintained in a condition that is unfit for human habitation, or maintained in a condition that is an imminent hazard. If a building is identified as derelict the owner or person in possession of the building will be responsible for correcting the identified issues. If a derelict building is not abated within the time frames set forth in this code the city may take the appropriate actions, including demolition, to cure the conditions creating the derelict conditions. [Ord. 837 § 3, 2020].
15.10.040 Securing a derelict building.
Any building, structure, or portion thereof shall be secured at all points of ingress and egress for that area declared a derelict building. For purposes of this chapter, “securing” shall be defined as that action deemed necessary by the building official or designee to protect the general safety and welfare of occupants and the public. Securing shall include the use of materials with sufficient strength and structural value to comply with building codes and restrict or prohibit access. Securing shall not create an unsafe condition. [Ord. 837 § 4, 2020].
15.10.050 Unsafe buildings.
Any building, structure or portion thereof which is determined to be structurally unsafe, or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or which in relation to its existing use constitutes a hazard to public health, safety or welfare by reason of inadequate maintenance, lack of repair, dilapidation, obsolescence or abandonment, as specified in this code or any other effective ordinance, or in which there exists any of the following listed conditions to an extent that they endanger the life, health, safety and welfare of the public or the occupants thereof, shall be deemed and hereby is declared to be an unsafe building:
(1) Deteriorated or inadequate foundation; or
(2) Defective or deteriorated flooring or flooring supports; or
(3) Flooring or floor supports of insufficient size to carry imposed loads with safety; or
(4) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration; or
(5) Members of walls, partitions, ceilings, roof and roof supports or other members that are of insufficient size to carry imposed loads with safety, or which sag, split or buckle due to defective material or deterioration; or
(6) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety, or which list, bulge or settle due to defective material or deterioration. [Ord. 837 § 5, 2020].
15.10.060 Substandard buildings.
Any building, structure or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that they endanger the life, health, safety and welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:
(1) Lack of connection to required sewage disposal system; or
(2) Inadequate or improper sanitation facilities for the purpose for which the building is used or intended to be used; or
(3) Dampness of habitable rooms; or
(4) Infestation of insects, vermin or rodents. [Ord. 837 § 6, 2020].
15.10.070 Enforcement.
(1) Authority. The city administrator is hereby authorized to administer and enforce all the provisions of this code. The city administrator may designate another person or persons who possess professional competency to interpret and apply specific provisions of the state building code to act as the building official and assist in carrying out the provisions of this code.
(2) Right of Entry. Upon presentation of proper credentials, the building official or his designated representative may enter at reasonable times any building, structure or premises in the city to perform any duty imposed upon him by this code. Provided:
(a) In the event that entry is not voluntarily permitted by the owner or person occupying the building, structure, or premises, the building official must first obtain an order from a court of competent jurisdiction allowing such entry.
(b) Where the building official has reasonable cause to believe that there exists in a structure a condition which is unsafe, dangerous, or hazardous and said structure is unoccupied, the building official or designee is authorized to enter the structure or premises after first making a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. [Ord. 837 § 7, 2020].
15.10.080 Inspection and notice.
(1) The building official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged; and if such is found to be an unsafe or substandard building as defined in this code, the building official shall give to the owner and person or persons in possession of such building or structure written notice stating the defects thereof. The notice may require the owner or person in charge of the building or premises to commence either the required repairs or improvements, or demolition and removal of the building or structure or portions thereof, within five days of such notice being given; but all such work shall be completed within 90 days from the date of notice being given, unless otherwise stipulated by the building official.
(2) If necessary, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the building official.
(3) Proper service of such notice shall be by personal delivery to the residence of the owner of record, if they shall be found within the city limits. If they are not found within the city, such service may be made to the owner by certified return receipt mail; provided, that if such notice is by certified returned receipt mail, the designated period the owner or person in charge of the building is required to comply with the order of the building official shall begin as of the date of receipt of notice.
(4) If the building official or designee has determined that a building is an unsafe, substandard, or derelict building, the building official or designee shall provide notice and include:
(a) The building’s address and tax lot number or legal description of the property; and
(b) A description of the derelict condition; and
(c) Direction to correct the conditions causing the building to be derelict within the time frame prescribed by MCMC 15.10.110(1); and
(d) A statement that a derelict building may be registered with the city as defined in MCMC 15.10.100 and fees to paid as provided in the city’s handbook of fees and charges; and
(e) A statement that failure to correct the conditions causing the building to be a derelict building or to comply with the registration requirements may result in late payment penalties and assessments against the property; and
(f) A statement that failure to correct the conditions causing the building to be derelict may result in a court prosecution, or abatement of the derelict building by the city with the costs thereof becoming a lien against the property, or both.
(5) The building official or designee shall cause an unsafe, substandard, or derelict building notice to be recorded and made a permanent part of the deed or records. [Ord. 837 § 8, 2020].
15.10.090 Posting of signs.
If the building official or designee finds a structure in violation of this chapter, the city administrator, police chief, fire chief or building official or designee shall cause the posting of signage. Signage shall be readable from a public right-of-way and be no less than eight and one-half inches by 11 inches. Signs must be posted on, at minimum, two sides of the building.
Signage for a derelict structure shall be at each entrance to a derelict structure or at the entrance to a derelict portion of the structure; and the notice shall read:
For an unsafe structure:
By Order of the Building Official. Do not enter. This Structure is declared an Unsafe Derelict Structure. City of Myrtle Creek.
For substandard structure:
By Order of the Building Official. Do Not Occupy. This Structure is declared a Substandard Derelict Structure. City of Myrtle Creek.
Such notice shall remain posted until the required repairs, demolition, or removal is completed. Such notice shall not be removed without written permission of the city administrator or designee, and no person shall enter the building except for the purpose of making the required repairs or for demolishing the building. [Ord. 837 § 9, 2020].
15.10.100 Derelict building registration.
(1) Except when allowed by this section, no owner shall maintain a derelict building or allow such building to exist.
(2) Registration of a derelict building under the terms of this section shall be completed on an application form to be provided by the building official or designee and shall be accompanied by a nonrefundable derelict building registration application fee as set by the Myrtle Creek handbook of fees and charges. The application shall include information relating to the location and ownership of the building, the expected period of its vacancy, a plan for regular maintenance and securing of the building during the period of vacancy, and a plan for reoccupancy and use, marketing or demolition. All of the information required under this section shall be reviewed and approved by the city administrator. The building official or designee shall provide a copy of said list to the city administrator for monthly fee billing purposes.
(3) The following standards shall be followed by the building official or designee with respect to the repair, marketing, or demolition of any derelict building.
(a) Any building declared to be a derelict building under this chapter shall, within one year from the date of notice provided by the building official or designee under this section, be made to comply with one of the following:
(i) The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair.
(ii) The building shall be demolished at the option of the building owner.
(b) If within the initial one-year time period and extension period, if any, the derelict building is not repaired or demolished by the owner, the city administrator or building official or city administrator’s or building official’s designee may declare the derelict building out of compliance and direct the city to take appropriate action as described in this title to correct the conditions.
(c) The building official or designee may extend the derelict building repair or demolition period of one year for an additional one time period required by, and consistent with, the owner’s approved plans to repair, market or demolish the building. The following criteria shall be evaluated by the building official or designee when considering the granting of such extension:
(i) Whether all delinquent fees and penalties have been paid in full; and
(ii) Whether a timetable for the repair, marketing, or demolition of the structure has been submitted by the owner and approved by the building official or designee; and
(iii) The value of the building; and
(iv) Whether all appropriate permits have been obtained for the repair or demolition of the structure; and
(v) Whether the owner will complete, or is in the process of completing, the repairs or demolition of the structure in a timely fashion. At no time shall an extension exceed a maximum period of 12 months.
(4) Upon approval of the application for derelict building registration, the owner shall immediately submit payment of the first monthly derelict building registration fee as set by the Myrtle Creek handbook of fees and charges and thereafter be responsible for the following payment terms:
(a) The owner of a registered derelict building shall be responsible for paying the monthly derelict building registration fee as set by the Myrtle Creek handbook of fees and charges in advance by the tenth day of each month for each month, or portion thereof, during which the building remains registered as a derelict building. Any payment of the fee that is more than 30 days past due may be considered delinquent and subject to a penalty in an amount set by the Myrtle Creek handbook of fees and charges for every delinquent monthly payment.
(b) In the event that the fees due under the terms of this section become delinquent for more than 90 days, the building official or designee shall file a statement of the amount due with the city recorder. The city recorder shall thereafter mail a notice of the city’s intent to assess the subject property for the delinquent amount plus applicable penalty and an additional 10 percent. In the event the amount set forth in the notice is not paid in full within 30 days of the date of the notice, it shall become a lien against the property and thereupon be entered in the city’s lien docket. The lien shall be enforced as outlined in MCMC 15.10.130.
(c) In addition to the lien described above, the owner of the derelict building receiving notice under this chapter shall be personally liable for the amount of the lien including all interest, civil penalties and other charges.
(d) All fees imposed under the terms of this section are to be paid prior to any purported or actual transfer of an ownership interest in a derelict building as well as prior to the issuance of any permit required for the demolition, alteration, or repair of a derelict building subject to the terms of this section.
(e) The building official or designee may waive fees imposed under this section. The following criteria shall be evaluated by the building official or designee when considering waiver of such fees:
(i) Whether all delinquent fees and penalties have been paid in full; and
(ii) Whether a timetable for the repair, marketing, or demolition of the structure has been submitted by the owner and approved by the building official or designee; and
(iii) The value of the building; and
(iv) Whether all appropriate permits have been obtained for the repair or demolition of the structure; and
(v) Whether the owner will complete, or is in the process of completing, the repair or demolition of the structure in a timely fashion.
(5) Any change in the information provided pursuant to this section shall be given to the building official or designee within 30 days, except where changes in an approval plan are contemplated, in which case approval of the building official or designee is required prior to their effectiveness.
(6) When all violations have been corrected, the owner shall contact the building official or designee and request an inspection to determine compliance and removal of the dangerous or derelict building designation. [Ord. 837 § 10, 2020].
15.10.110 Abatement of derelict building.
(1) Abatement by Owner.
(a) Within five days after the posting and serving or mailing of the notice required by this section, an owner or person in possession of the building shall take one of the following measures:
(i) Make reasonable efforts to correct the conditions causing the building to be derelict or remove the derelict building. Full abatement of the identified conditions or demolition of the building must be completed within 90 days; or
(ii) Register the building as a derelict building with the city and comply with the guidance described in MCMC 15.10.100.
(2) Abatement by City. If owner or person in possession has not abated the issues with 90 days, registered the building as described in MCMC 15.10.100, or failed to comply with the requirements of a registered derelict building, the city administrator or designee may request a public hearing before council for the purpose of seeking authority to order the demolition of a derelict structure if it is not abated by the owner.
(a) Upon receipt of such a request from the city administrator or designee, the city recorder shall set the matter for prompt public hearing before the council 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 comply with MCMC 18.185.170 for public hearing. Failure of the owner(s) or occupant(s) to receive such notice or an error in the name or address of an owner(s) or occupant(s) shall not render the notice void; and in such case, the notice shall be sufficient.
(b) At the hearing, the city administrator or designee shall present whatever information, evidence or testimony he may deem relevant in support of the city administrator’s or designee’s determination, and the determination. Any information, opinion, testimony, or evidence may be received which the council 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.
(c) The council may authorize the city administrator or designee to order the structure demolished if a majority present is persuaded to such determination by a preponderance of the evidence. The burden of proof shall be upon the building official, city administrator or designee.
(d) In determining whether a structure is so derelict as to require its owner to demolish the structure, the council may consider the number and extent of the following factors:
(i) Dilapidation; or
(ii) Disrepair; or
(iii) Structural defects noted by the building official or designee; or
(iv) 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; or
(v) Uncleanness; or
(vi) Sanitary facilities; or
(vii) The presence of a public nuisance; or
(viii) The history of unlawful activity in or around the derelict structure. [Ord. 837 § 11, 2020].
15.10.120 Summary abatement.
The procedures of this code need not be followed if a building is unmistakably dangerous and imminently endangers human life or property. In this instance, the fire chief, fire marshal or the chief of police may summarily demolish the building. [Ord. 837 § 12, 2020].
15.10.130 Assessment of abatement costs.
(1) The city recorder, by registered or certified mail, postage prepaid, shall forward to the person responsible a notice stating:
(a) The total cost of abatement including the administrative overhead; and
(b) That the cost as indicated will be assessed to and become a lien against the property or turned over for collection, unless paid within 30 days from the date of the notice; and
(c) That if the person responsible objects to the cost of the abatement as indicated, the person may file a written notice of objection with the city administrator not more than 10 days from the date of the notice.
(2) The person responsible for objecting to the costs of abatement shall be heard by the city administrator. The objector shall be given at least five days’ prior written notice of the time set to consider the objections. The city administrator shall take oral or written testimony at the time and place specified in the notice. The city administrator shall determine the abatement costs to be assessed and shall communicate the decision in writing to the objector, which writing shall also state that if the costs of abatement are not paid within 30 days from the date of the decision, the costs shall be turned over for collection or entered in the lien docket of city liens and, upon such entry, shall constitute a lien upon the property from which the nuisance was removed or abated.
(3) If no objection is filed, or if the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs as stated shall be made by the city recorder and shall thereupon be turned over for collection or entered in the docket of city liens; and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated from the adjoining public way.
(4) If a lien is filed, it shall be enforced in the same manner as liens for street improvements and shall bear interest at the rate of 10 percent per annum. The interest shall commence from date of entry of the lien in the lien docket. For qualifying property owners, the payment of the lien may be deferred, extended or modified as provided in MCMC 15.10.140.
(5) An error in the name of a person responsible shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void; but if a lien is filed, it shall remain a valid lien against the property. [Ord. 837 § 13, 2020].
15.10.140 Agreement to defer, extend, or modify abatement assessment payments.
For any person requesting such information, the city recorder shall provide information regarding eligibility for deferral, modification, or extension of abatement assessment payments. An eligible real property owner who requests such a deferral, extension or modification shall submit evidence of eligibility to the city recorder for review and decision by the city administrator. The city recorder shall notify the applicant whether the request has been granted. If it has, the applicant shall enter into a contract to pay the assessment in accordance with the terms of the deferral, extension, or modification. The contract shall be on a form approved by the city and may be recorded in the official records of Douglas County, Oregon. [Ord. 837 § 14, 2020].
15.10.150 Deferral of abatement assessment payment – Eligibility criteria.
Collection of a portion of the derelict building abatement assessment may be deferred for a period of 90 days if the real property is owner-occupied and the structure is a single-family dwelling. [Ord. 837 § 15, 2020].
15.10.160 Board of appeals.
There is hereby established a board of appeals which shall consist of five members appointed by the city council, two of whom shall be members of the city council, two of whom shall be members of the planning commission, and one member appointed from the community at-large who by training or experience is qualified to pass judgment upon matters pertaining to building construction and structural safety. The council shall be the judge of the qualifications of any person appointed to the board of appeals. The terms of the board members appointed from the city council and planning commission shall be the term for which the member was elected or appointed to the council or commission. The term of the at-large member shall be four years. [Ord. 837 § 16, 2020].
15.10.170 Appeals of decision or order.
(1) The person responsible, appealing that a derelict building exists, shall file with the city administrator within 30 days of decision or receipt of an order a written statement specifying the basis for protesting and shall pay an appeal fee set by council resolution. No protest shall be heard unless the appeal fee is paid. If the board of appeals, council or its designee determines that no derelict building exists, the appeal fee shall be refunded to the person who paid it.
(2) All appeal hearings before the board of appeals shall be public, and the appellant, their representatives, the city administrator, or designee and any other person whose interests may be affected by the matter on appeal shall be given an opportunity to be heard. A majority of the board may affirm, modify or reverse the decision or order of the building official. The board shall adopt reasonable rules and regulations for conducting its investigations, and shall render all decisions and findings in writing to the city administrator, with duplicate copies to the appellant, the building official and any other person who requests notice of the board’s decision. The board may recommend to the city council such new legislation as is consistent with the intent of this code.
(3) Upon receipt of written notice of appeal of a decision or order of the building official authorized by this code or upon receipt of a request in writing from the city administrator or the building official to review the building official’s decision, the board of appeals shall conduct a hearing thereon as provided for herein.
(a) The board shall conduct a hearing to receive such evidence as may be presented by any official of the city of Myrtle Creek or the owner, occupant, mortgagee, lessee or any other person having an interest in said building.
(b) The board of appeals shall render a decision on all matters submitted to it within 60 days from the date of receipt of notice of the appeal.
(c) In the event the board fails to resolve all matters within 60 days as above provided, then the order and finding of the building official shall be deemed affirmed in full on the sixtieth day, and the parties may appeal therefrom to the city council.
(4) Persons aggrieved under the provisions of this section shall have the right of appeal to the city council from the decisions of the board of appeals. Request for an appeal shall be made within 10 days from the date of the decision of the board of appeals. [Ord. 837 § 17, 2020].
15.10.180 Prohibited action – Separate violations – Penalties.
It shall be unlawful for any person, firm or corporation to use, occupy or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code. Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted; and upon conviction of any such violation, such person shall be punishable by a fine of not more than $1,000, or by imprisonment for not more than 30 days, or by both such fine and imprisonment. [Ord. 837 § 18, 2020].