Chapter 8.06 DANGEROUS AND DERELICT STRUCTURES

No property shall contain dangerous or derelict structures as described in this chapter. All such structures shall be repaired or demolished as provided herein. The city manager is charged with administration of this chapter, but may delegate this authority powers as reasonable.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

Derelict Structures

8.06.020 Derelict structures.

No person shall cause or allow a derelict structure to exist. A derelict structure exists when any unoccupied structure or portion thereof has been ordered vacated by the city manager, has been issued a correction notice by the city manager, or is unoccupied and either boarded or unsecured.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.030 Derelict structure registration.

Without any limitation to the city’s right of enforcement compliance under this chapter, if the city manager determines that a structure or structure is a derelict structure, the owner shall be required to register the structure within ten days of the city manager’s issuance of an order to register. Registration shall be made on forms provided by the city, 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 reoccupancy and use, or its remediation or demolition. When all conditions making the structure a derelict structure have been corrected, the owner shall contact the city manager and request an inspection to determine compliance. Every owner who, after receipt of the city manager’s notice to register, fails to register the structure within the required time set forth in the notice, or registers the structure but allows the structure to remain in a derelict condition beyond the city’s applicable time limits, shall pay a monthly derelict structure fee regardless of any city enforcement action. Payment of the fee is due on the first day of each month, and is in addition to and not in limitation of any other fee or remedy provided in this chapter. 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 monthly payment. In the event that the fees due under this section are delinquent for more than ninety days, or in the event the owner fails to register the structure as required hereunder, the city, in addition to and not in limitation of any other enforcement action, may file an action in the circuit court for the recovery of any and all delinquent fees due under this section. All fees imposed under this section are to be paid prior to the issuance of any permit required for the demolition, alteration or repair of the derelict structure. The city manager may waive the fee upon the city manager’s finding of bona fide economic hardship and a finding of good faith determination to comply with all of the provisions of this chapter.

The city council shall adopt a resolution establishing the amount of derelict structure fee.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.040 Refund of derelict structure fees.

The city manager may refund the derelict structure fees imposed under Section 8.06.030 if the following conditions are met:

1. A timetable for the remediation of the conditions or demolition of the structure has been submitted by the owner that is acceptable to the city manager;

2. All required permits have been obtained for the repair or demolition of the structure;

3. The remediation of the conditions or demolition of the structure is completed in the time set forth in the permits, or any approved extension thereof; and

4. The owner has provided written authorization for the city to enforce all applicable trespass and illegal camping ordinances and laws on the property.

The refund made pursuant to this section shall be the derelict structure fees imposed during the previous twelve-month period.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

Dangerous Structures

8.06.050 Dangerous structures.

Any structure that has any or all of the following conditions or defects shall be deemed to be a dangerous structure to the extent that life, health, property, or safety of the public or the structure’s occupants are at significant risk. All such condition or defects shall be abated pursuant to this chapter.

A. High Loads. Whenever the stress in any materials, member, or portion of a structure, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Oregon Structural Specialty Code and Fire and Life Safety Code for new buildings of similar structure, purpose, or location.

B. Weakened or Unstable Structural Members or Appendages.

1. Whenever any portion of a structure 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 such catastrophe and is less than the minimum requirements of the Oregon State Structural Specialty Code and Fire and Life Safety Code for new buildings of similar structure, purpose, or location; or

2. Whenever appendages including parapet walls, cornices, spires, towers, tanks, statuaries, or other appendages or structural members that are supported by, attached to, or part of a building, and that are in a deteriorated condition or otherwise unable to sustain the design loads that are specified in the Oregon State Structural Specialty and Fire and Life Safety Code.

C. Buckled or Leaning Walls, Structural Members. 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.

D. Vulnerability to Earthquakes, High Winds.

1. Whenever any portion of a structure is wrecked, warped, buckled, or has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction; or

2. Whenever any portion of a building, or any member, appurtenance, or ornamentation of 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 Oregon Structural Specialty Code and Fire and Life Safety Code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the Oregon State Structural Specialty Code and Fire and Life Safety Code for such buildings.

E. Insufficient Srength or Fire Resistance. Whenever any structure that, whether or not erected in accordance with all applicable laws and ordinances:

1. Has in any nonsupporting part, member, or portion, less than fifty percent of the strength or the fire-resisting qualities or characteristics required by law for a newly constructed structure of like area, height, and occupancy in the same location; or

2. Has in any supporting part, member, or portion less than sixty-six percent of the strength or the fire-resisting qualities or characteristics required by law in the case of a newly constructed structure of like area, height, and occupancy in the same location.

This subsection does not apply to strength required to resist seismic loads. All other seismic requirement shall nevertheless apply as provided by law.

F. Risk of Failure or Collapse.

1. Whenever any portion or member of appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; or

2. Whenever the structure, or any portion thereof, is likely to partially or completely collapse as a result of any cause, including, but not limited to:

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 such structure; or

d. The deterioration, decay, or inadequacy of its foundation.

G. Excessive damage or deterioration. Whenever the structure exclusive of the foundation:

1. Shows thirty-three percent or more damage or deterioration of its supporting member or members;

2. Fifty percent damage or deterioration of its non-supporting members; or

3. Fifty percent damage or deterioration of its enclosing or outside wall coverings.

H. Demolition Remnants On Site. Whenever any portion of a structure, including unfilled excavations, remains on a site for more than thirty days after the demolition or destruction of the structure;

I. Lack of Approved Foundation. Whenever any portion of a structure, including unfilled excavations, remains on a site, including:

1. Where a structure is not placed on an approved foundation and no valid permit exists for a foundation for that structure; or

2. For more than ninety days after issuance of a permit for a foundation for a structure, where the structure is not placed on an approved foundation.

J. Fire Hazard. Whenever any structure is a fire hazard as a result of any cause, including, but not limited to: dilapidated condition, deterioration, or damage; inadequate exits; lack of sufficient fire-resistive construction; or faulty electric wiring, gas connections, or heating apparatus.

K. Other Hazards to Health, Safety, or Public Welfare.

1. Whenever, for any reason, the structure, or any portion thereof, is manifestly unsafe for the purpose for which it is lawfully constructed or currently is being used; or

2. Whenever a structure is structurally unsafe or is otherwise hazardous to human life, including, but not limited to, whenever a structure constitutes a hazard to health, safety, or public welfare by reason of inadequate maintenance, dilapidation, unsanitary conditions, obsolescence, fire hazard, disaster, damage, or abandonment.

L. Nuisance.

1. Whenever any structure is in such a condition as to constitute a nuisance known to the common law or in equity jurisprudence; or

2. Whenever the structure has been so damaged by fire, wind, earthquake or flood or any other cause, or has become so dilapidated or deteriorated as to become:

a. An attractive nuisance, or

b. A harbor for vagrants or criminals.

M. Chronic Dereliction. Whenever a derelict building, as defined in this chapter, remains unoccupied for a period in excess of six months or period less than six months when the portion thereof constitutes an attractive nuisance or hazard to the public.

N. Violations of Codes, Laws. Whenever any structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such structure provided by the building regulations of this city, as specified in the Oregon State Structural Specialty Code and Fire and Life Safety Code or any law or ordinance of this state or city relating to the condition, location, or structure or buildings.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.060 Abatement of dangerous structures.

All structures or portions thereof that are determined after inspection by the city manager to be dangerous as defined in this chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures herein. If the city manager determines that a structure is dangerous, as defined by this chapter, the city manager may commence proceedings to cause the repair, vacation, or demolition of the structure.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.070 Permits required.

No person, firm or corporation shall construct, alter, repair, move, improve, or demolish any structure without first obtaining applicable building permits as required by city code.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.080 Inspections required.

All buildings, structures, or other improvements within the scope of this chapter and all construction work for which a permit is required shall be subject to inspection as required by the city code.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.090 Requested inspections for residential structures.

Requested inspections that are not part of the city’s code enforcement program will be made as soon as practical after payment to the city manager of any city fee associated with the inspection.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.100 Occupancy of property after notice of violation.

A. If a notice of violation has been issued, and if the affected structure or any portion thereof is residential or neighborhood commercial use or becomes vacant, it shall be:

1. Unlawful to reenter the affected structure or any portion thereof for any purpose if the affected structure or any portion thereof is found to be substantially dangerous or unsafe, unless authorized in writing by the city manager.

2. Unlawful to reenter the affected structure or portion thereof for any purpose other than work associated with the correction of violations noted in the notice of violation.

B. In addition to any civil penalties imposed and as may be collected through a municipal lien process, any person unlawfully occupying any such affected structure or portion thereof shall upon conviction be punished by a fine of not more than five hundred dollars, or by imprisonment not exceeding six months, or both.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.110 Illegal residential occupancy.

When a property has an illegal residential occupancy, including, but not limited to, occupancy of tents, campers, motor homes, recreational vehicles, or other structures or spaces not intended for permanent residential use or occupancy of spaces constructed or converted without permit, the use shall be abated or the structure brought into compliance with the present regulations for a structure of the same occupancy.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.120 Interference with repair, demolition, or abatement prohibited.

It is unlawful for any person to obstruct, impede, or interfere with any person lawfully engaged in:

A. The work of repairing, vacating, warehousing, or demolishing any structure pursuant to the provisions of this chapter;

B. The abatement of a nuisance pursuant to the provisions of this chapter; or

C. The performance of any necessary act preliminary to or incidental to such work as authorized by this chapter or directed pursuant to it.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

Administration and Enforcement

8.06.130 Administration authority and responsibility.

The city manager is hereby authorized to administer and enforce all of the provisions of this chapter. In accordance with approved procedures, the city manager may employ qualified officers, inspectors, assistants, and city employees as shall be necessary to carry out the provisions of this chapter. The authority of the city manager to enforce the provisions of this chapter is independent of and in addition to the authority of other city officials to enforce the provisions of any other chapter of the city code.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.140 Authorization to inspect.

The city manager is authorized to make inspection of property for the purposes of enforcing this chapter.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.150 Enforcing compliance.

To enforce any of the requirements of this chapter, the city manager may gain compliance by:

A. Summary Abatement. Where appropriate, abating a nuisance without obligation to give prior notice of the abatement action to the owner or occupant of the property;

B. City Council. Instituting an action before the city council;

C. Court. Causing appropriate action to be instituted in a court of competent jurisdiction; or

D. Other Appropriate Action. Taking other action as the city manager in the exercise of the city manager’s discretion deems appropriate. Nothing in this ordinance shall prevent the city manager from obtaining voluntary compliance by way of warning, notice or education.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.160 Right of entry; inspection warrants.

A. Right of Entry. The city manager may enter property, including the interior of structures, at all reasonable times whenever an inspection is necessary to enforce any building regulations, or whenever the city manager has reasonable cause to believe that there exists in any structure or upon any property any condition that makes such property substandard as defined in any building regulations. In the case of entry into areas of property that are plainly enclosed to create privacy and prevent access by unauthorized persons, the following steps shall be taken:

1. Occupied Property. If any structure on the property is occupied, the city manager shall first present proper credentials and request entry. If entry is refused, the city manager may attempt to obtain entry by obtaining an inspection warrant.

2. Unoccupied Property.

a. If the property is unoccupied, the city manager shall contact the property owner, or other persons having charge or control of the property, and request entry. If entry is refused, the city manager may attempt to obtain entry by obtaining an inspection warrant.

b. If structures on the property are unoccupied, the city manager shall first make a reasonable attempt to locate the owner or other persons having charge or control of the property and request entry. If entry is refused, the city manager may attempt to obtain entry by obtaining an inspection warrant.

3. Open, Unoccupied Property. If any structure on the property is unoccupied and open:

a. The city manager shall notify the owner of the property’s condition and order the owner, or other persons having charge or control of the property, to immediately secure the premises against the entry of unauthorized persons. If the property is not secured within fifteen days from the date notice is sent, the city manager may secure the property by summary abatement.

b. If the city manager believes that a hazardous condition exists, the city manager may immediately secure the property by summary abatement. Following the summary abatement, the city manager shall notify the owner, or other persons having charge or control of the property, of the condition of the property and request entry. If entry is refused, the city manager may attempt to obtain entry by obtaining an inspection or abatement warrant.

B. Grounds for Issuance of Inspection Warrants; Affidavit.

1. Affidavit. An inspection warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the inspection or investigation, the property to be inspected or investigated and the purpose for which the inspection or investigation is to be made including the basis upon that cause exists to inspect. In addition, the affidavit shall contain either a statement that entry has been sought and refused, or facts or circumstances reasonably showing that the purposes of the inspection or investigation might be frustrated if entry were sought without an inspection warrant.

2. Cause. Cause shall be deemed to exist if reasonable legislative or administrative standards for conducting a routine, periodic or area inspection are satisfied with respect to any structure or upon any property, or there is probable cause to believe that a condition of nonconformity with any building regulation exists with respect to the designated property, or an investigation is reasonably believed to be necessary in order to discover or verify the condition of the property for conformity with building regulations.

C. Procedure for Issuance of Inspection Warrant.

1. Examination. Before issuing an inspection warrant, the judge may examine under oath the applicant and any other witness and shall be satisfied of the existence of grounds for granting such application.

2. Issuance. If the judge is satisfied that cause for the inspection or investigation exists and that the other requirements for granting the application are satisfied, the judge shall issue the warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered and the purpose of the inspection or investigation. The warrant shall contain a direction that it be executed on any day of the week between the hours of eight a.m. and six p.m., or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.

3. Police Assistance. In issuing an inspection warrant on unoccupied property, including abatement warrants, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and assist the city manager or representative of the department inspecting the property in any way necessary to complete the inspection.

D. Execution of Inspection Warrants.

1. Occupied Property. Except as provided in subsection 2 of this section, in executing an inspection warrant, the person authorized to execute the warrant shall, before entry into the occupied premises, make a reasonable effort to present the person’s credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property the warrant or a copy thereof upon request.

2. Unoccupied Property. In executing an inspection warrant, the person authorized to execute the warrant need not inform anyone of the person’s authority and purpose, as prescribed in subsection 1 of this section, but may promptly enter the property if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be in such condition. In such case a copy of the warrant shall be conspicuously posted upon the property.

3. Return. An inspection warrant must be executed within ten working days of its issue and returned to the judge by whom it was issued within ten working days from its date of execution. After the expiration of the time prescribed by this subsection, the warrant unless executed is void.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.170 Notice and order.

A. Notification Required. Except in the case of summary abatement or immediate danger, if the city manager finds one or more violations of the provisions of this chapter on a property or adjacent right of way, the city manager shall notify the property owner to repair, remove or take any other action as necessary to correct the violations. Notification to the property owner shall be accomplished by mailing a notice to the owner, at the owner’s address as recorded in the county assessment and taxation records for the property. The notice may be sent via First Class Mail or certified mail at the city manager’s discretion. Notice to the property owner may also be accomplished by posting notice on the property. No person shall deface or remove a notice without the approval of the city manager.

In addition to the above notice to the property owner, if a vehicle is found upon the property (and not on the public street), prior notice before towing a disabled vehicle must be provided by mailing a notice to the registered owner(s) and any other persons who reasonably appear to have an interest in the vehicle within forty-eight hours, Saturdays, Sundays and holidays excluded, after the notice has been posted on the property. The city manager shall also provide notice to the registered owner and other persons who have an interest in the disabled vehicle by posting written notice on the vehicle. No person shall deface or remove a notice without the approval of the city manager.

B. Content of the Notice. The notice shall include:

1. The date of posting (if notice was posted at the property);

2. The street address or a description sufficient for identification of the property;

3. A statement that one or more violations of this chapter exist at the property with a general description of the violation(s);

4. Disclosure that penalties, charges, and liens may result from a failure to remedy the violations, and in the case of a disabled vehicle found on the property, a statement that the city intends to tow and remove the vehicle if the violation is not corrected;

5. Specification of a response period during which the property may be brought into compliance with this chapter before penalties, charges, or liens will be assessed; and

6. Disclose the owner’s right to appeal the findings of the notice of violation and a description of the time limits for requesting an administrative review or a hearing, as applicable.

C. Notification by Mail. An error in the name of the property owner or address listed in the county assessment and taxation records for the property shall not render the notice void, but in such case the posted notice, if a notice was posted on the property, shall be deemed sufficient.

D. Notification Following Summary Abatement. When summary abatement is authorized by this chapter, the decision regarding whether or not to use summary abatement shall be at the city manager’s discretion. In the case of summary abatement, notice to the owner or occupant of the property prior to abatement is not required. However, following summary abatement, the city manager shall post upon the property liable for the abatement a notice describing the action taken to abate the nuisance violation. In addition, a notice of summary abatement shall be mailed to the property owner. The notice of summary abatement shall include:

1. The date the nuisance on the property was abated;

2. The street address or description sufficient for identification of the property;

3. A statement of the violations that existed at the property and were summarily abated;

4. Disclosure that penalties, charges and liens will result from the summary abatement;

5. Disclosure of the owner’s right to appeal the findings of the notice.

E. Compliance Inspections and Penalties. The city manager shall monitor compliance with the notice through periodic tracking and inspection. Once a notice has been mailed, the owner shall be responsible for all enforcement penalties associated with the property, until the violations are corrected and the city manager has been so notified. Except in the case of summary abatement, whenever the owner believes that all violations listed in the first or any subsequent notice of violation have been corrected, they shall notify the city manager.

F. Time Limits for Repair. The city manager may set time limits in which the violations of this chapter are to be corrected. Failure to comply with the time limits shall be a violation of this chapter.

G. Effective Date of Notice. All notices served pursuant to this section shall be considered served as of the date and time of mailing the notice described in subsections A and C of this section.

H. Information Filed with County Recorder. If the city manager finds violations of this chapter on any property, the city manager may record with the county recorder information regarding city code violations and possible liens on the property.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.180 Nuisance abatement; warrants.

A. Abatement. If, within the time limit set by the city manager in the notice of violation, any nuisance described in the notice has not been removed and abated, or cause shown, as specified in Section 8.06.280 of this chapter, why such nuisance should not be removed or abated, or where summary abatement is authorized, the city manager may cause the nuisance to be removed and abated, including disposal in an approved manner.

B. Warrants. The city manager may request any circuit court judge to issue an nuisance abatement warrant whenever entry onto private property is necessary to remove and abate any nuisance, or whenever the city manager has reasonable cause to believe that there exists in any structure or upon any property any nuisance that makes such property substandard as defined in any building regulations.

C. Grounds for Issuance of Nuisance Abatement Warrants; Affidavit.

1. Affidavit. A nuisance abatement warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the removal and abatement of the nuisance, the structure or property to be entered, the basis upon which cause exists to remove or abate the nuisance, and a statement of the general types and estimated quantity of the items to be removed or conditions abated.

2. Cause. Cause shall be deemed to exist if reasonable legislative or administrative standards for removing and abating nuisances are satisfied with respect to any structure or upon any property, or if there is cause to believe that a nuisance violation exists, as defined in this chapter, with respect to the designated property.

D. Procedure for Issuance of a Nuisance Abatement Warrant.

1. Examination. Before issuing a nuisance abatement warrant, the judge may examine the applicant and any other witness under oath and shall be satisfied of the existence of grounds for granting such application.

2. Issuance. If the judge is satisfied that cause for the removal and abatement of any nuisance exists and that the other requirements for granting the application are satisfied, the judge shall issue the warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered, and a statement of the general types and estimated quantity of the items to be removed or conditions abated. The warrant shall contain a direction that it be executed on any day of the week between the hours of eight a.m. and six p.m., or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.

3. Police Assistance. In issuing a nuisance abatement warrant, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and to assist the representative of the bureau in any way necessary to enter the property and, remove and abate the nuisance.

E. Execution of Nuisance Abatement Warrants.

1. Occupied Property. Except as provided in subsection 2 of this section, in executing a nuisance abatement warrant, the person authorized to execute the warrant shall, before entry into the occupied premises, make a reasonable effort to present the person’s credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property the warrant or a copy thereof upon request.

2. Unoccupied Property. In executing a nuisance abatement warrant on unoccupied property, the person authorized to execute the warrant need not inform anyone of the person’s authority and purpose, as prescribed in subsection 1 of this section, but may promptly enter the designated property if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be in such condition. In such case a copy of the nuisance abatement warrant shall be conspicuously posted on the property.

3. Return. A nuisance abatement warrant must be executed within ten working day of its issue and returned to the judge by whom it was issued within ten working days from its date of execution. After the expiration of the time prescribed by this subsection, the warrant unless executed is void.

F. Disposal of Nuisance Items Removed. The city manager may cause the nuisance items removed pursuant to the nuisance abatement warrant to be disposed of in an approved manner whenever the city manager, in the city manager’s sole discretion, finds that the fair and reasonable value of the items at resale would be less than the cost of storing and selling the items. In making the above determination, the city manager may include in the costs of sale the reasonable cost of removing the items to a place of storage, of storing the items for resale, of holding the resale including reasonable staff allowances, and all other reasonable and necessary expenses of holding the sale.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.190 Vacating structures.

A. Any structure found to be a hazard or declared a dangerous structure may be vacated, secured, and maintained against entry by order of the city council.

B. If the city manager finds violations to the extent that an immediate danger is posed to the health, safety, or welfare of the occupants, or that of the general public, the city manager may order part of the structure, or all of the structure, to be vacated or demolished forthwith, if in the city manager’s discretion, circumstances are found that do not allow time for prior action by the city council.

1. The owner or any tenant of the property, who has been affected by the city manager’s determination to vacate may appeal that determination to the city council by following the procedure contained in Section 8.06.290.

2. Upon receipt of a request for hearing, the city council shall schedule and hold an appeal hearing within twenty days after the receipt of the request.

C. Upon vacation of the structure a notice shall be posted at or on each exit of the building. Whenever such notice is posted, the city manager shall include in such notice a statement declaring the structure unsafe to occupy and specifying the conditions that necessitate the posting. No person shall deface or remove a notice without the approval of the city manager.

D. Unless authorized by the city manager, it is unlawful for any person knowingly to enter or remain in any structure that the city manager has ordered vacated pursuant to this section. In addition to any civil penalties imposed pursuant city code or at law, any person knowingly entering or remaining in such a structure shall upon conviction be punished by a fine of not more than five hundred dollars, or by imprisonment not exceeding six months, or both.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.200 Referral to the city council for repair or demolition of dangerous structures.

At any time after the city manager identifies a property as containing a dangerous structure and has notified the owner, the city manager may cause an action to be instituted before the city council. In the event the owner fails or neglects to comply with any order of the city council to repair or demolish a structure, the city council may authorize the city manager to carry out such repairs or have the structure demolished.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.210 Demolition; warrants.

A. Abatement. If, within the time limit set by the city council’s order for demolition, the dangerous structure described in the order has not been removed and abated, or cause shown, as specified in Section 29.80 [sic] of this chapter, why such dangerous structure should not be removed or abated, or where summary abatement is authorized, the city manager may cause the dangerous structure to be removed and abated, including disposal in an approved manner.

B. Warrants. The city manager may request any circuit court judge to issue a demolition warrant whenever entry onto private property is necessary to demolish a dangerous structure.

C. Grounds for Issuance of Demolition Warrants; Affidavit.

1. Affidavit. A demolition warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the demolition of the dangerous structure, the structure or property to be entered, the basis upon which cause exists to demolish the dangerous structure and a general statement describing the structure to be demolished. In addition, the affidavit shall contain a statement describing the conditions under which the demolition is to be completed, including completion of all work on the property within a thirty-day period.

2. Cause. Cause shall be deemed to exist if reasonable legislative or administrative standards are satisfied with respect to the demolition of the dangerous structure.

D. Procedure for Issuance of a Demolition Warrant.

1. Examination. Before issuing a demolition warrant, the judge may examine the applicant and any other witness under oath and shall be satisfied of the existence of grounds for granting such application.

2. Issuance. If the judge is satisfied that cause for the demolition of any dangerous structure exists and that the other requirements for granting the application are satisfied, the judge shall issue the demolition warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered, and a statement describing the structure to be demolished and the work to be performed. The warrant shall contain a direction that it be executed on any day of the week between the hours of eight a.m. and six p.m., or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.

3. Police Assistance. In issuing a demolition warrant, the judge may authorize any peace officer, as defined in Oregon Revised Statues, to enter the described property to remove any person or obstacle and to assist the representative of the bureau in any way necessary to enter the property and demolish the dangerous structure.

E. Execution of Demolition Warrants.

1. Execution. In executing the demolition warrant, the person authorized to execute the warrant need not inform anyone of the person’s authority or purpose but may promptly enter the designated property if it is or at the time reasonably appears to be a) unoccupied, or b) not in the possession of any person. A copy of the demolition warrant shall be conspicuously posted on the property.

2. Return. A demolition warrant must be executed within ten working days of its issuance by the judge. The authority to enter into the property and perform the demolition work shall continue for a period of up to thirty days after the date of execution, unless the judge extends this time before it has expired. The executed warrant shall be returned to the judge upon the completion of the demolition or the expiration of the authorized time, whichever occurs first. If the warrant is not executed within ten days after the issuance by the judge, the warrant shall be void.

F. Disposal of Demolition Debris. The city manager may cause the debris to be removed pursuant to the demolition warrant and disposed of in an approved manner whenever the city manager, in the city manager’s sole discretion, finds that the fair and reasonable value of the debris would be less than the cost of storing and selling the items. In making the above determination, the city manager may include in the costs of sale the reasonable cost of removing debris to a place of storage, of storing the items for resale, of holding the resale including reasonable allowances for costs of staff, and any other reasonable and necessary expenses of holding a sale.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.220 Contracts to repair or demolish.

The city manager is authorized to enter into contracts for repair or demolition of a structure in an amount approved by the city council. Any sums expended by the city for repair or demolition of any structure pursuant to this chapter shall be a lien upon the structure and/or real property on which the structure is located.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.230 Exceptions.

A. The city manager may grant an exception when the enforcement of the requirements of this chapter would cause undue hardship to the owner or occupants of the affected property, or whenever the city manager deems it necessary in order to accomplish the purpose of this chapter.

B. To carry out the intent of this section, the city manager may establish written policies in the form of waivers to explain the exceptions that are available to property owners. The waivers shall include the following information:

1. An explanation of the purpose of the waiver;

2. A list of the requirements the owner must meet in order to qualify for the waiver;

3. An explanation of the period of time during which the waiver will be in effect;

4. A list of the actions the owner must perform to fulfill their responsibilities to maintain the waiver and to prevent the waiver from being cancelled.

C. The owner must apply for a waiver in writing. This Section shall not be construed so as to evade the authority of the city council.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

Costs and Penalties

8.06.240 Costs and penalties generally.

In order to defray the costs of enforcement and to encourage compliance with this chapter, the city manager shall impose penalties on those properties that are found to be in violation of this chapter.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.250 Enforcement fees or penalties for nuisance, housing and dangerous and derelict buildings.

A. The city may charge a penalty in the form of a monthly enforcement fee for each property found in violation of this chapter that meets the following conditions:

1. The property is the subject of a notice of violation of this chapter as described in Section 8.06.170; and

2. A response period of thirty days has passed since the effective date of the initial notice of violation; and

3. The property remains out of compliance with the initial notice of violation or any subsequent notice of violation.

B. The amount of the monthly enforcement fee shall be charged as set forth in the enforcement fee and penalty schedule as approved by city council. If all violations are not corrected within three months from the date of the initial notice of violation, subsequent enforcement fees or penalties shall be twice the amount listed in the enforcement fee and penalty schedule as approved by city council.

C. Whenever the property owner believes that all violations have been corrected, the property owner shall so notify the city manager. Upon receipt of such notice, the city manager shall promptly schedule an inspection of the property and shall notify the property owner if any violations remain uncorrected.

D. Once monthly enforcement fees or penalties begin, they shall continue until all violations have been corrected, inspected and approved.

E. When a property meets the conditions for charging an enforcement fee or penalty, the city manager shall prepare a statement that identifies the property, the amount of the monthly fee or penalty, and the date from which the charges are to begin. The city manager shall then:

1. Notify the property owner(s) of the assessment of enforcement fees or penalties; and

2. Record a property lien in the docket of city liens; and

3. Bill the property owner(s) monthly for the full amount of enforcement fees or penalties owing, plus additional charges to cover administrative costs of the city manager and other city staff and contractors; and

4. Maintain lien records until:

a. The lien and all associated interest, penalties, charges and costs are paid in full; and

b. The city manager certifies that all violations listed in the original or any subsequent notice of violation have been corrected.

F. When a property meets the conditions for assessment of fees or penalties as described in this chapter, the city manager may also cause appropriate collection measures, including legal action in a court of competent jurisdiction, to be instituted against the property owner in order to collect the assessed fees or penalties.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.260 Costs and penalties for abatement of nuisances, disabled vehicles, and reoccupancy in violation.

A. Nuisances.

1. Whenever a nuisance is abated by the city, the city manager shall keep an accurate account of all expenses incurred for each nuisance abated including, but not limited to, abatement costs, civil penalties, fees, administrative costs, recorder’s fees and title report charges as set forth in the enforcement fee and penalty schedule as approved by city council.

2. When the city has abated a nuisance maintained by any owner of real property, for each subsequent nuisance that is abated by the city within two consecutive calendar years concerning real property, owned by the same person, an additional civil penalty as set forth in the enforcement fee and penalty schedule shall be added to the costs, charges and civil penalties. The additional civil penalty shall be imposed without regard to whether the nuisance abated by the city involved the same real property or are of the same character.

3. Costs and penalties resulting from nuisance abatement shall be assessed as a lien upon the real property as provided in subsection D.

B. Disabled Vehicles.

1. Whenever a vehicle is removed from real property by the city, the city manager shall keep an accurate account of all expenses incurred for each disabled vehicle removed including, but not limited to, abatement costs, civil penalties, administrative costs, inspection fees, recording fees, and title report charges as set forth in the enforcement fee and penalty schedule as approved by city council.

2. Whenever a vehicle, which has been tagged by the city, is removed from real property and placed on the public right-of-way, the owner of the real property shall be responsible for that vehicle. The city manager shall remove the vehicle from the right-of-way and keep an accurate account of all expenses incurred for each disabled vehicle removed including, but not limited to, abatement costs, civil penalties, administrative costs, fees, recording fees and title report charges as set forth in the enforcement fee and penalty schedule as approved by city council.

3. Costs and penalties resulting from the abatement of disabled vehicles shall be assessed as a lien upon the real property as provided in subsection D.

C. Occupancy of Property after Notice of Violation.

1. Whenever a property owner causes or permits a vacant structure or portion thereof to be occupied in violation of this chapter, a penalty as set forth in the enforcement fee and penalty schedule as approved by city council shall be imposed per structure or portion thereof.

2. Costs and penalties resulting from the occupancy of property after notice of violation shall be assessed as a lien upon the real property as provided in subsection D.

D. When a property meets the conditions for assessment of fees or penalties as described in subsections A, B, or C, above, the city manager shall prepare a statement of such fees and shall mail an assessment notice to the property owner. At the same time the notice is mailed by the city manager, the city manager shall enter the amount due or the amount of the unpaid balance, plus charges to cover the administrative cost of the city auditor, in the docket of city liens, which shall thereafter constitute a lien against the property. The property owner is responsible for paying all liens assessed against the property.

E. When a property meets the conditions for assessment of fees or penalties as described in this chapter, the city manager may also cause appropriate collection measures, including the legal action in a court of competent jurisdiction, to be instituted against the property owner in order to collect the assessed fees or penalties.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.270 Structure demolition costs and penalties.

A. Whenever a structure is demolished by the city, the city manager shall keep an accurate account of all expenses incurred for each structure demolished, including, but not limited to, abatement costs, civil penalties, administrative costs, recorder’s fees and title report charges as set forth in the enforcement fee and penalty schedule as approved by city council.

B. Costs and penalties resulting from demolition by the city of any structure pursuant to this chapter shall be assessed as a lien upon the real property on which the structure was located.

C. When a property meets the conditions for assessment of fees or penalties as described in this chapter, the city manager may also cause appropriate collection measures, including legal action in a court of competent jurisdiction, to be instituted against the property owner in order to collect the assessed fees or penalties.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

Appeals

8.06.280 Administrative review.

A. Whenever an owner has been given a notice pursuant to this chapter and has been directed to make any correction or to perform any act and the owner believes the finding of the notice was in error, the owner may have the notice reviewed by the city manager. Any such request shall be in writing and shall be submitted to the city manager no later than fifteen days from the date of the notice. The owner requesting such review shall be given the opportunity to present evidence to the city manager. Following the review, the city manager shall issue a written determination.

B. Nothing in this section shall limit the authority of the city manager to initiate a proceeding with the city council.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.290 Appeals to the city council.

A determination issued pursuant to Section 8.06.250 may be appealed to the city council along with the payment of a fee as set forth in the enforcement fee and penalty schedule.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)

8.06.300 Further appeals.

All appeals from the city council’s determination pursuant to Section 8.06.260 shall be by writ of review as authorized by ORS 34.010—34.100.

(Ord. No. 929, § 1(Exh. A), 8-16-2010)