Chapter 15.08 PROPERTY MAINTENANCE REGULATIONS

The purpose of this chapter is to protect the health, safety and welfare of Silverton citizens, to prevent deterioration of existing structures, and to contribute to vital neighborhoods by:

A. Regulating and abating dangerous and derelict buildings.

B. Establishing and enforcing minimum standards for residential structures regarding basic equipment, facilities, sanitation, fire safety, and maintenance. (Ord. 04-105 § 3, 2004)

15.08.030 Scope – Conflict with state law.

The provisions of this chapter shall apply to all property in the city limits except as otherwise excluded by law; however, the provisions of this chapter do not apply to jails, institutions and similar occupancies as classified by the state-adopted Oregon Structural Specialty Code. In the event that a provision of this chapter conflicts with a licensing requirement of the Oregon State Department of Human Resources the state licensing requirements shall be followed. In areas where the Oregon State Department of Human Resources does not regulate through its licensing process, the provisions of this chapter shall apply. (Ord. 04-105 § 3, 2004)

15.08.040 Application.

Any alterations to buildings, or changes of their use, which may be a result of the enforcement of this chapter shall be done in accordance with applicable building codes as adopted by the city of Silverton. (Ord. 04-105 § 3, 2004)

15.08.050 Use of summary headings.

This chapter makes use of summary headings (in boldface type) on chapters, sections, and subsections to assist the reader in navigating the document. In the event of a conflict in meaning between the bold heading and the following plain text, the meaning of the plain text shall apply. (Ord. 04-105 § 3, 2004)

15.08.060 Definitions – Generally.

For the purpose of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this chapter. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. “And” indicates that all connected items or provisions apply. “Or” indicates that the connected items or provisions may apply singly or in combination. Terms, words, phrases and their derivatives used, but not specifically defined, in this chapter either shall have the meanings defined in other chapters of this code or if not defined, shall have their commonly accepted meanings. If a conflict exists between a definition in other chapters and a definition in this chapter, the definitions in this chapter shall apply to actions taken pursuant to this chapter. (Ord. 04-105 § 3, 2004)

15.08.070 Definitions.

“Abatement of a nuisance” means the act of removing, repairing, or taking other steps as may be necessary in order to remove a nuisance.

“Accessory structure” means any structure not intended for human occupancy which is located on residential property. Accessory structures may be attached to or detached from the residential structure. Examples of accessory structures include: garages, carports, sheds, and other nondwelling buildings; decks, awnings, heat pumps, fences, trellises, flag poles, tanks, towers, exterior stairs and walkways, and other exterior structures on the property.

Apartment House. See Dwelling Classifications.

“Approved” means meets the standards set forth by applicable provisions of the Silverton Municipal Code including any applicable regulations for electric, plumbing, building, or other sets of standards included by reference in this chapter.

“Basement” means the usable portion of a building which is below the main entrance story and is partly or completely below grade.

“Boarded” means secured against entry by apparatus which is visible off the premises and is not both lawful and customary to install on occupied structures.

“Building” means any structure used or intended to be used for supporting or sheltering any use or occupancy.

“Building, existing” means a building constructed and legally occupied prior to the adoption of this chapter, and one for which a building permit has been lawfully issued and has not been revoked or lapsed due to inactivity.

“Building official” means the building official, code enforcement officer or authorized representative charged with the enforcement and administration of this chapter.

“Ceiling height” means the clear distance between the floor and the ceiling directly above it.

“Court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

Dangerous Building. See “Dangerous structure.”

“Dangerous structure” means any structure which has any of the conditions or defects described in SMC 15.08.380.

“Derelict building” means any structure which has any of the conditions or defects described in SMC 15.08.370(A).

Duplex. See Dwelling Classifications, “Two-family dwelling.”

“Dwelling” means any structure containing dwelling units, including all dwelling classifications covered by this chapter.

Dwelling Classifications. Types of dwellings covered by this chapter include:

“Accessory dwelling unit” means an additional dwelling unit within a detached single-family dwelling.

“Apartment house” means any building or portion of a building containing three or more dwelling units, which is designed, built, rented, leased, let, or hired out to be occupied for residential living purposes.

“Hotel” means any structure containing dwelling units that are intended, designed, or used for renting or hiring out for sleeping purposes by residents on a daily, weekly, or monthly basis.

Manufactured Dwelling. The term “manufactured dwelling” includes the following types of single-family dwellings:

“Residential trailer” means a structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed before January 1, 1962.

“Mobile home” means a structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

“Manufactured home” means a structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations.

“Manufactured dwelling” does not include any unit identified as a recreational vehicle by the manufacturer.

Motel. For purposes of this chapter, a “motel” shall be defined the same as a “hotel.”

“Single-family dwelling” means a structure containing one dwelling unit, including adult foster care homes.

“Single-room occupancy housing unit” means a one-room dwelling unit in a hotel providing sleeping, cooking, and living facilities for one or two persons in which some or all sanitary or cooking facilities (toilet, lavatory, bathtub or shower, kitchen sink, or cooking equipment) may be shared with other dwelling units.

“Social care facilities” means any building or portion of a building which is designed, built, rented, leased, let, hired out or otherwise occupied for group residential living purposes, which is not an apartment house, single-family dwelling or two-family dwelling. Such facilities include, but are not limited to, retirement facilities, assisted living facilities, residential care facilities, halfway houses, youth shelters, homeless shelters and other group living residential facilities.

“Two-family dwelling” means a structure containing two dwelling units, also known as a “duplex.”

“Dwelling unit” means one or more habitable rooms that are occupied by, or in the case of an unoccupied structure or portion of a structure, are designed or intended to be occupied by, one person or by a family or group living together as a single housekeeping unit that includes facilities for living and sleeping and, unless exempted by this chapter in SMC 15.08.230 and 15.08.240, also includes facilities for cooking, eating, and sanitation.

“Exit (means of egress)” means a continuous, unobstructed means of escape to a public way, as defined in the building code in effect in the city.

“Exterior property area” means the sections of residential property which are outside the exterior walls and roof of the dwelling.

“Extermination” means the elimination of insects, rodents, vermin or other pests at or about the affected building.

“Floor area” means the area of clear floor space in a room exclusive of fixed or built-in cabinets or appliances.

“Habitable room or space” means a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

“Hazardous materials” means materials defined by the current adopted fire code.

Hotel. See Dwelling Classifications.

“Human habitation” means the use of any residential structure or portion of the structure in which any person remains for continuous periods of two hours or more or for periods which will amount to four or more hours out of 24 hours in one day.

“Immediate danger” means any condition posing a direct, immediate threat to human life, health, or safety.

“Infestation” means the presence within or around a dwelling of insects, rodents, vermin or other pests to a degree that is harmful to the dwelling or its occupants.

“Inspection” means the examination of a property by a person authorized by law for the purpose of evaluating its condition as provided by this chapter.

“Inspector” means an authorized representative of the building official whose primary function is the inspection of properties and the enforcement of this chapter.

“Interested party” means any person or entity that possesses any legal or equitable interest of record in a property including but not limited to the holder of any lien or encumbrance of record on the property.

“Kitchen” means a room used or designed to be used for the preparation of food.

“Lavatory” means a fixed wash basin connected to hot and cold running water and the building drain and used primarily for personal hygiene.

“Maintenance” means the work of keeping property in proper condition to perpetuate its use.

Manufactured Dwelling. See Dwelling Classifications.

Motel. See Dwelling Classifications.

“Occupancy” means the lawful purpose for which a building or part of a building is used or intended to be used.

“Occupant” means any person (including an owner, tenant or operator) using a building, or any part of a building, for its lawful, intended use.

“Occupied” means used for an occupancy.

“Operator” means any person who has charge, care or control of a building or part of a building in which dwelling units are let or offered for occupancy.

“Outdoor area” means all parts of property that are exposed to the weather including the exterior of structures built for human occupancy. This includes, but is not limited to, open and accessible porches, carports, garages, and decks; accessory structures; and any outdoor storage structure.

“Owner” means the person whose name and address is listed as the owner of the property by the county tax assessor in the county assessment and taxation records.

“Plumbing” or “plumbing fixtures” means any water-heating facilities, water pipes, vent pipes, garbage or disposal units, waste lavatories, bathtubs, shower baths, installed clothes-washing machines or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with all connection to water, gas, sewer, or vent lines.

“Property” means real property and all improvements or structures on real property, from property line to property line.

“Public right-of-way” means any sidewalk, planting strip, alley, street, or pathway, improved or unimproved, that is dedicated to public use.

“Repair” means the reconstruction or renewal of any part of an existing structure for the purpose of its maintenance.

“Resident” means any person (including owner, tenant or operator) hiring or occupying a room or dwelling unit for living or sleeping purposes.

“Residential property” means real property and all improvements or structures on real property used or, in the case of unoccupied property, intended to be used for residential purposes including any residential structure, dwelling, or dwelling unit as defined in this chapter and any mixed-use structures which have one or more dwelling units. Hotels that are used exclusively for transient occupancy, as defined in this chapter, are excluded from this definition of residential property.

“Residential rental property” means any property within the city on which exist one or more dwelling units which are not occupied as the principal residence of the owner.

“Residential structure” means any building or other improvement or structure containing one or more dwelling units as well as any accessory structure. This includes any dwelling as defined in this chapter.

“Shall,” as used in this chapter, is mandatory.

Single-Family Dwelling. See Dwelling Classifications.

Single-Room Occupancy Housing Unit. See Dwelling Classifications.

“Sink” means a fixed basin connected to hot and cold running water and a drainage system and primarily used for the preparation of food and the washing of cooking and eating utensils.

“Sleeping room” means any room designed, built, or intended to be used as a bedroom as well as any other room used for sleeping purposes.

“Smoke alarm or detector” means an approved detection device for products of combustion other than heat that is either a single station device or intended for use in conjunction with a central control panel and which plainly identifies the testing agency that inspected or approved the device.

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner, including but not limited to buildings.

“Substandard” means in violation of any of the minimum requirements as set out in this chapter.

“Supplied” means installed, furnished or provided by the owner or operator.

“Swimming pool” means an artificial basin, chamber, or tank constructed of impervious material, having a depth of 18 inches or more, and used or intended to be used for swimming, diving, or recreational bathing.

“Toilet” means a flushable plumbing fixture connected to running water and a drainage system and used for the disposal of human waste.

“Toilet compartment” means a room containing only a toilet or only a toilet and lavatory.

“Transient occupancy” means occupancy of a dwelling unit in a hotel where the following conditions are met:

1. Occupancy is charged on a daily basis and is not collected more than six days in advance;

2. The lodging operator provides maid and linen service daily or every two days as part of the regularly charged cost of occupancy;

3. The period of occupancy does not exceed 30 days; and

4. If the occupancy exceeds five days, the resident has a business address or a residence other than at the hotel.

Two-Family Dwelling. See Dwelling Classifications.

“Unoccupied” means not used for occupancy.

“Unsecured” means any structure in which doors, windows, or apertures are open or broken so as to allow access by unauthorized persons.

“Yard” means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, and located between a structure and the property line of the lot on which the structure is situated. (Ord. 04-105 § 3, 2004)

Article II. Standards

15.08.080 Maintenance – Generally.

No owner shall maintain or permit to be maintained any property which does not comply with the requirements of this chapter. All residential property shall be maintained to the building code requirements in effect at the time of construction, alteration, or repair and shall meet the minimum requirements described in this chapter. (Ord. 04-105 § 3, 2004)

15.08.090 Display of address number.

Address numbers posted shall be the same as the number listed on the county assessment and taxation records for the property. All dwellings shall have three-inch-high address numbers posted in a conspicuous place on a contrasting background so they may be read from the listed street or public way. Units within apartment houses shall be clearly numbered or lettered. (Ord. 04-105 § 3, 2004)

15.08.100 Accessory structures.

All accessory structures on residential or commercial property shall be maintained structurally safe and sound and in good repair. Exterior steps and walkways shall be maintained free of unsafe obstructions or hazardous conditions. (Ord. 04-105 § 3, 2004)

15.08.110 Roofs.

The roof shall be structurally sound, tight, and have no defects which might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building and shall channel rainwater into approved receivers. Temporary use of tarps, sheet plastics and similar products shall be limited to 30 days’ duration. (Ord. 04-105 § 3, 2004)

15.08.120 Chimneys.

Every masonry, metal, or other chimney shall remain adequately supported and free from obstructions and shall be maintained in a condition which ensures there will be no leakage or backup of noxious gases. Every chimney shall be reasonably plumb. Loose bricks or blocks shall be rebonded. Loose or missing mortar shall be replaced. Unused openings into the interior of the structure must be permanently sealed using approved materials. (Ord. 04-105 § 3, 2004)

15.08.130 Foundations and structural members.

Foundation elements shall adequately support the building and shall be free of rot, crumbling elements, or similar deterioration. The supporting structural members in every structure shall be maintained structurally sound, showing no evidence of deterioration or decay which would substantially impair their ability to carry imposed loads. (Ord. 04-105 § 3, 2004)

15.08.140 Exterior walls and exposed surfaces.

A. Every exterior wall and weather-exposed exterior surface or attachment shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or the occupied spaces of the building.

B. All exterior wood surfaces shall be made substantially impervious to the adverse effects of weather by periodic application of an approved protective coating of weather-resistant preservative, and be maintained in good condition. Wood used in construction of permanent structures and located nearer than six inches to the earth shall be treated wood or wood having a natural resistance to decay.

C. Exterior metal surfaces shall be protected from rust and corrosion.

D. Every section of exterior brick, stone, masonry, or other veneer shall be maintained structurally sound and be adequately supported and tied back to its supporting structure. (Ord. 04-105 § 3, 2004)

15.08.150 Stairs and porches.

Every stair, porch, and attachment to stairs or porches shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair, including replacement as necessary of flooring, treads, risers, and stringers that evidence excessive wear and are broken, warped, or loose. (Ord. 04-105 § 3, 2004)

15.08.160 Handrails and guardrails.

Every handrail and guardrail shall be firmly fastened, and shall be maintained in good condition, capable of supporting the loads to which it is subjected, and meet the following requirements:

A. Handrails and guardrails required by building codes at the time of construction shall be maintained or, if removed, shall be replaced.

B. Where not otherwise required by original building codes, exterior stairs of more than three risers which are designed and intended to be used as part of the regular access to unit shall have handrails. Interior stairs of more than three risers that connect between floors shall have handrails. When required handrails are installed they shall have a minimum height of 30 inches and maximum height of 38 inches, measured vertically from the nosing of the treads. They shall be continuous the full length of the stairs and shall be returned or shall terminate as per building code.

C. Where not otherwise required by original building codes, porches, balconies or raised floor surfaces located more than 30 inches above the floor or grade below shall have guardrails. Open sides of stairs with a total rise of more than 30 inches above the floor or grade below shall have guardrails no less than 36 inches in height measured vertically from the nosing of the tread. When required guardrails are installed, they shall have intermediate rails or ornamental closures which will not allow passage of an object four inches or more in diameter. (Ord. 04-105 § 3, 2004)

15.08.170 Windows.

A. Every habitable room shall have at least one window facing directly to an exterior yard or court or shall be provided with approved artificial light. Except where approved artificial light is provided, the minimum total glass area for each habitable room shall be eight percent of the room’s floor area, except for basement rooms where the minimum shall be four percent. These exceptions to the current code shall not apply where any occupancy has been changed or increased contrary to the provisions of this chapter.

B. Every habitable room shall have at least one window that can be easily opened or another approved device to adequately ventilate the room. Except where another approved ventilation device is provided, the total openable window area in every habitable room shall be equal to at least one-fortieth of the area of the room. Windows required for secondary escape purposes in sleeping rooms must also meet the requirements outlined in subsection D of this section.

C. Every bathroom and toilet compartment shall comply with the light and ventilation requirements for habitable rooms as required by subsections A and B of this section, except that no window shall be required in bathrooms or toilet compartments equipped with an approved ventilation system.

D. Windows in sleeping rooms that are provided to meet emergency escape or rescue requirements described in SMC 15.08.300(A) shall have a sill height of no more than 44 inches above the floor or above an approved, permanently installed step. The step must not exceed 12 inches in height and must extend the full width of the window. The top surface of the step must be a minimum of six feet from the ceiling above the step.

E. Windows in sleeping rooms that are provided to meet emergency escape or rescue requirements described in SMC 15.08.300(A) shall have a minimum net clear opening at least 20 inches wide, at least 22 inches high, and, if constructed after July 1, 1974, at least five square feet in area.

F. Every window required for ventilation or emergency escape shall be capable of being easily opened and held open by window hardware. Any installed storm windows on windows required for emergency escape must be easily openable from the inside without the use of a key or special knowledge or effort.

G. All windows within 10 feet of the exterior grade that open must be able to be securely latched from the inside as well as be openable from the inside without the use of a key or any special knowledge or effort. This same requirement shall apply to all openable windows that face other locations that are easily accessible from the outside, such as balconies or fire escapes, regardless of height from the exterior grade.

H. Every window shall be substantially weathertight, shall be kept in sound condition and repair for its intended use, and shall comply with the following:

1. Every window sash shall be fully supplied with glass window panes or an approved substitute without open cracks and holes.

2. Every window sash shall be in good condition and fit weathertight within its frames.

3. Every window frame shall be constructed and maintained in relation to the adjacent wall construction so as to exclude rain as completely as possible and to substantially exclude wind from entering the dwelling. (Ord. 04-105 § 3, 2004)

15.08.180 Doors.

A. Every dwelling or dwelling unit shall have at least one door leading to an exterior yard or court, or in the case of a two-family dwelling or apartment, to an exterior yard or court or to an approved exit. All such doors shall be openable from the inside without the use of a key or any special knowledge or effort. All screen doors and storm doors must be easily openable from the inside without the use of a key or special knowledge or effort.

B. In hotels and apartment houses, exit doors in common corridors or other common passageways shall be openable from the inside with one hand in a single motion, such as pressing a bar or turning a knob, without the use of a key or any special knowledge or effort.

C. Every door to the exterior of a dwelling unit shall be equipped with a lock designed to discourage unwanted entry and to permit opening from the inside without the use of a key or any special knowledge or effort.

D. Every exterior door shall comply with the following:

1. Every exterior door, door hinge, door lock, and strike plate shall be maintained in good condition.

2. Every exterior door, when closed, shall fit reasonably well within its frame and be weather-tight.

3. Every door frame shall be constructed and maintained in relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling.

E. Every interior door and door frame shall be maintained in a sound condition for its intended purpose with the door fitting within the door frame. (Ord. 04-105 § 3, 2004)

15.08.190 Interior walls, floors, and ceilings.

A. Every interior wall, floor, ceiling, and cabinet shall be constructed and maintained in a safe and structurally sound condition, free of large holes and serious cracks, loose plaster or wallpaper, flaking or scaling paint, to permit the interior wall, floor, ceiling and cabinet to be kept in a clean and sanitary condition.

B. Every toilet compartment, bathroom, and kitchen floor surface shall be constructed and maintained to be substantially impervious to water and to permit the floor to be kept in a clean and sanitary condition. (Ord. 04-105 § 3, 2004)

15.08.200 Interior dampness.

Every structure, including basements and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay, mold growth, or deterioration of the structure. (Ord. 04-105 § 3, 2004)

15.08.210 Insect and rodent harborage.

Every structure shall be kept free from insect and rodent infestation, and where insects and rodents are found, they shall be promptly exterminated. After extermination, proper precautions shall be taken to prevent reinfestation. (Ord. 04-105 § 3, 2004)

15.08.220 Cleanliness and sanitation.

The interior and exterior of every structure shall be constructed in a safe and structurally sound condition to permit the interior and exterior to be maintained in a clean and sanitary condition. The interior/exterior of every dwelling shall be free from accumulation of rubbish, used appliances, discarded furniture or garbage which is affording a breeding ground for insects and rodents, producing dangerous or offensive gases, odors and bacteria, or other unsanitary conditions, or a fire hazard. (Ord. 04-105 § 3, 2004)

15.08.230 Bathroom facilities.

A. Except as otherwise noted in this chapter, bathroom facilities shall be maintained in a safe and sanitary working condition:

1. A toilet located in a room that is separate from other rooms and that allows privacy;

2. A lavatory basin; and

3. A bathtub or shower located in a room that allows privacy.

B. In hotels, apartment houses and social care facilities where private toilets, lavatories, or baths are not provided, there shall be on each floor at least one toilet, one lavatory, and one bathtub or shower, each provided at the rate of one for every 12 residents or fraction of 12 residents. Required toilets, bathtubs, and showers shall be in a room, or rooms, that allow privacy.

C. When there are practical difficulties involved in carrying out the provisions of this section for hotels, apartment houses and social care facilities where private toilets, lavatories or baths are not provided, the building official may grant modifications for individual cases. The building official shall first find that a special and individual reason makes the requirements of this section impractical and that the modification is in conformance with the intent of this section and that such modification does not result in the provision of inadequate bathroom facilities in the dwelling. (Ord. 04-105 § 3, 2004)

15.08.240 Kitchen facilities.

A. Every dwelling unit shall contain a kitchen sink apart from the lavatory basin required under SMC 15.08.230, with the exception of single room occupancy housing units which shall comply with SMC 15.08.350(B) and social care facilities complying with subsection C of this section.

B. Except as otherwise provided for in subsection C of this section and SMC 15.08.350(B) and (C), every dwelling unit shall have approved service connections for refrigeration and cooking appliances.

C. Social care facilities may be provided with a community kitchen with facilities for cooking, refrigeration, and washing utensils. (Ord. 04-105 § 3, 2004)

15.08.250 Plumbing facilities.

A. Every plumbing fixture or device shall be properly connected to a public or an approved private water system and to a public or an approved private sewer system.

B. All required sinks, lavatory basins, bathtubs and showers shall be supplied with both hot and cold running water. Every dwelling shall be supplied with water-heating facilities adequate for each dwelling unit which are installed in an approved manner, properly maintained, and properly connected with hot water lines to all sinks, lavatory basins, bathtubs and showers. Water-heating facilities shall be capable of heating water enough to permit an adequate amount of water to be drawn at every facility at a temperature of at least 120 degrees at any time needed.

C. In every dwelling all plumbing or plumbing fixtures shall be:

1. Properly installed, connected, and maintained in good working order;

2. Kept free from obstructions, leaks, and defects;

3. Capable of performing the function for which they are designed; and

4. Installed and maintained so as to prevent structural deterioration or health hazards.

D. All plumbing repairs and installations shall be made in accordance with the provisions of the plumbing code adopted by the city. (Ord. 04-105 § 3, 2004)

15.08.260 Heating equipment and facilities.

A. All heating equipment, including that used for cooking, water heating, heat, and clothes drying shall be:

1. Properly installed, connected, and maintained in safe condition and good working order;

2. Free from leaks and obstructions and kept functioning properly so as to be free from fire, health, and accident hazards; and

3. Capable of performing the function for which they are designed.

B. Every habitable structure shall have a heating facility capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet from the floor in all rooms.

1. Portable heating devices may not be used to meet the dwelling heat requirements of this chapter.

2. No inverted or open flame fuel burning heater shall be permitted. All heating devices or appliances shall be of an approved type. (Ord. 04-105 § 3, 2004)

15.08.270 Electrical system, outlets, and lighting.

A. All structures shall be connected to an approved source of electric power. Every electric outlet and fixture shall be maintained and safely connected to an approved electrical system. The electrical system shall not constitute a hazard to the occupants of the building by reason of inadequate service, improper fusing, improper wiring or installation, deterioration or damage, or similar reasons.

B. In addition to other electrical system components that may be used to meet cooking, refrigeration, and heating requirements listed elsewhere in this section, the following outlets and lighting fixtures are required:

1. Every habitable room shall contain at least two operable electric outlets or one outlet and one operable electric light fixture.

2. Every toilet compartment or bathroom shall contain at least one supplied and operable electric light fixture and one outlet. Every laundry, furnace room, and all similar nonhabitable spaces shall have one supplied electric light fixture available at all times.

3. Every public hallway, corridor, and stairway in apartment houses, hotels and social care facilities shall be adequately lighted at all times with an average intensity of illumination of at least one foot-candle at principal points such as angles and intersections of corridors and passageways, stairways, landings of stairways, landings of stairs and exit doorways, and at least one-half foot-candle at other points. Measurement of illumination shall be taken at points not more than four feet above the floor. (Ord. 04-105 § 3, 2004)

15.08.280 Sleeping room requirements.

Every room used for sleeping purposes:

A. Shall be a habitable room as defined in this chapter; and

B. Shall have natural or approved artificial light, ventilation, and windows or other means for escape purposes as required by this chapter. (Ord. 04-105 § 3, 2004)

15.08.290 Overcrowding.

No dwelling unit shall be permitted to be overcrowded. A dwelling unit shall be considered overcrowded if there are more than two residents for every 150 square feet of floor area of the habitable rooms in the dwelling unit. (Ord. 04-105 § 3, 2004)

15.08.300 Emergency exits.

A. Every sleeping room shall have at least one operable window or exterior door approved for emergency escape or rescue that is openable from the inside to a full, clear opening without the use of special knowledge, effort, or separate tools. Windows used to meet this requirement shall meet the size and sill height requirements described in SMC 15.08.170(D). All below grade windows used to meet this requirement shall have a window well the full width of the window, constructed of permanent materials with a three-foot clearance measured perpendicular to the outside wall. The bottom of the well may not be more than 44 inches below grade.

B. Required exit doors and other exits shall be free of encumbrances or obstructions that block access to the exit.

C. All doorways, windows and any device used in connection with the means of escape shall be maintained in good working order and repair.

D. In addition to other exit requirements, in hotels and apartment houses:

1. All fire escapes shall be kept in good order and repair.

2. Every fire escape or stairway, stair platform, corridor or passageway which may be one of the regular means of emergency exit from the building shall be kept free of encumbrances or obstructions of any kind.

3. Where doors to stair enclosures are required by the Silverton Municipal Code to be self-closing, the self-closing device shall be maintained in good working order and it shall be unlawful to wedge or prop the doors open.

4. Windows leading to fire escapes shall be secured against unwanted entry with approved devices which permit opening from the inside without the use of a key or any special knowledge, effort or tool.

5. Where necessary to indicate the direction of egress, every apartment house and hotel shall have directional signs in place, visible throughout common passageways, that indicate the way to exit doors and fire escapes. Emergency exit doors and windows shall be clearly labeled for their intended use. (Ord. 04-105 § 3, 2004)

15.08.310 Smoke alarms and detectors.

Smoke alarms and detectors shall be required to be maintained as was required at the time of construction of the dwelling. Notwithstanding the provisions of the requirement at the time of construction, a single station smoke alarm or detector shall be located in all buildings where a room or area therein is designated for sleeping purposes either as a primary use or use on a casual basis. A single station smoke alarm or detector shall be installed in the immediate vicinity of the sleeping rooms and on each additional story of the dwelling, including basements and attics with habitable space. All alarms and detectors shall be approved, shall comply with all applicable laws, shall be installed in accordance with the manufacturer’s instructions and shall be operable. (Ord. 04-105 § 3, 2004)

15.08.320 Hazardous materials.

A. When paint is applied to any surface of a structure, it shall be lead-free.

B. Property shall be free of dangerous levels of hazardous materials, contamination by toxic chemicals, or other circumstances that would render the property unsafe.

C. No residential property shall be used as a place for the storage and handling of highly combustible or explosive materials or any articles which may be dangerous or detrimental to life or health. No residential property shall be used for the storage or sale of paints, varnishes or oils used in the making of paints and varnishes, except as needed to maintain the dwelling.

D. All structures shall be kept free of friable asbestos. (Ord. 04-105 § 3, 2004)

15.08.330 Maintenance of facilities and equipment.

In addition to other requirements for the maintenance of facilities and equipment described in this chapter:

A. All facilities in structures shall be constructed and maintained to properly and safely perform their intended function.

B. All facilities or equipment present in a dwelling shall be maintained to prevent structural damage to the building or hazards of health, sanitation, or fire. (Ord. 04-105 § 3, 2004)

15.08.340 Swimming pool enclosures.

Each swimming pool not totally enclosed by a structure shall be enclosed by a substantial fence at least four feet in height and equipped with a self-closing and latching gate except where bordered by a wall of an adjacent structure at least four feet in height. No swimming pool shall be nearer than three feet from any lot line, and no enclosing fence or wall shall be constructed nearer than three feet to the outer walls of the swimming pool, but in no case shall the distance between the pool and the lot line or wall be closer than allowed by a variance. (Ord. 04-105 § 3, 2004)

15.08.350 Special standards for single-room occupancy housing units.

In addition to meeting requirements for residential structures defined elsewhere in this chapter, hotels containing single-room occupancy housing units shall comply with the following:

A. Either a community kitchen with facilities for cooking, refrigeration, and washing utensils shall be provided on each floor, or each individual single-room occupancy housing unit shall have facilities for cooking, refrigeration and washing utensils. In addition, facilities for community garbage storage or disposal shall be provided on each floor.

B. When there are practical difficulties involved in carrying out the provisions of this subsection where each individual single-room occupancy housing unit is not provided with facilities for cooking, refrigeration and washing utensils, the building official may grant modifications for individual cases. The building official shall first find that a special and individual reason makes the requirements of this section impractical and that the modification is in conformance with the intent of this section and that such modification does not result in the provision of inadequate cooking, refrigeration and utensil washing facilities for the single-room occupancy housing units.

C. Where cooking units are provided in individual single-room occupancy housing units, they shall conform to the requirements set forth below:

1. All appliances shall be hard-wired and on separate circuits or have single dedicated connections;

2. All cooking appliances shall be fixed and permanent, except microwave ovens;

3. The Mechanical Specialty Code, as adopted, shall be used for setting standards for cooking appliances. Cabinets over cooking surfaces shall be 30 inches above the cooking surface, except that this distance may be reduced to 24 inches when a heat shield with one inch of airspace and extending at least six inches horizontally on either side of the cooking appliance is provided. Cooking appliances shall be located with at least a six-inch clear space in all directions from the perimeter of the cooking element or burner;

4. All cooking appliances shall be installed so as to provide a minimum clear work space in front of the appliance of 24 inches. (Ord. 04-105 § 3, 2004)

Article III. Dangerous and Derelict Structures

15.08.360 Dangerous and derelict structures – Generally.

No property shall contain any dangerous or derelict structure as described in this chapter. All such buildings or structures shall be repaired or demolished. (Ord. 04-105 § 3, 2004)

15.08.370 Derelict structures.

A. A derelict structure is any building, structure, or portion thereof that meets any of the following criteria:

1. Has been ordered vacated by the building official pursuant to SMC 15.08.385, 15.08.390 and 15.08.400; or

2. Has been issued a notice of infraction by the code enforcement officer; or

3. Is unsecured; or

4. Is boarded in violation of Chapter 15.09 SMC; or

5. Has, while vacant, had a nuisance declared by the city on the property upon which it is located.

B. Any property which has been declared by the building official to include a derelict structure shall be considered in violation of this chapter until:

1. The structure has been lawfully occupied; or

2. The structure has been demolished and the lot cleared and graded after approval is issued by the city, with final inspection and approval by the building official; or

3. The owner has demonstrated to the satisfaction of the building official that the property is free of all conditions causing its status as a derelict structure. (Ord. 04-105 § 3, 2004)

15.08.380 Dangerous structures.

A. Any structure which has any or all of the following conditions or defects to the extent that life, health, property, or safety of the public or the structure’s occupants are endangered, shall be deemed to be a dangerous structure, declared a nuisance, and such condition or defects shall be abated pursuant to SMC 15.08.410.

B. 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 for new buildings of similar structure, purpose, or location.

C. 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 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 which are supported by, attached to, or part of a building, are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in this code.

D. 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.

E. 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 current code for new buildings of similar structure, purpose, or location without exceeding the working stresses for such buildings.

F. Insufficient Strength or Fire Resistance. Whenever any structure which, whether or not erected in accordance with all applicable laws and ordinances:

1. Has in any nonsupporting part, member, or portion, less than 50 percent of the strength or the fire-resisting qualities or characteristics required by law for a newly constructed building of like area, height, and occupancy in the same location; or

2. Has in any supporting part, member, or portion less than 66 percent of the strength or the fire-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location.

G. Risk of Failure or Collapse.

1. Whenever any portion or member or appurtenance thereof is likely to fail, or to become disabled 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.

H. Excessive Damage or Deterioration. Whenever the structure exclusive of the foundation:

1. Shows 33 percent or more damage or deterioration of its supporting member or members;

2. Shows 50 percent damage or deterioration of its nonsupporting members; or

3. Shows 50 percent damage or deterioration of its enclosing or outside wall coverings.

I. Demolition Remnants On-Site. Whenever any portion of a structure, including unfilled excavations, remains on a site for more than 30 days after the demolition or destruction of the structure.

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. Public Nuisance.

1. Whenever any structure is in such a condition as to constitute a public 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 structure, as defined in this chapter, remains unoccupied for a period in excess of six months or period less than six months when the structure or 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 chapter, or any law of this state or city relating to the condition, location, or structure or buildings. (Ord. 04-105 § 3, 2004)

Article IV. Enforcement

15.08.385 Notice of status as derelict or dangerous structure.

When the building official determines that a structure is a derelict or dangerous structure, a notice of infraction shall be given to the owner. Additional notices to other affected persons may be given at the discretion of the building official. In addition to the notice, the building official shall give the statement of actions required to cure or remedy the condition and, if necessary, the order to vacate described in SMC 15.08.390 and 15.08.400. (Ord. 04-105 § 3, 2004)

15.08.390 Statement of actions required.

A. Notice of the statement of action shall be given in conjunction with the notice of infraction pursuant to Article V of this chapter, Civil Infractions.

B. The statement of the action required to cure or remedy a condition giving rise to classification of a structure as derelict or dangerous shall include the following:

1. If the building official has determined that the building or structure must be repaired, the statement shall require that all required permits be secured and the work physically commenced within such time from the date of the statement and completed within such time as the building official shall determine is reasonable under all of the circumstances.

2. If the building official has determined that the building or structure must be vacated, the statement shall order that the building or structure shall be vacated within a time certain from the date of the statement as determined by the building official to be reasonable.

3. If the building official has determined that (a) the building or structure is vacant, (b) that the building or structure is structurally sound and does not present a fire hazard, and (c) the building or structure has presented or is likely to present a danger to individuals who may enter the building or structure even though they are unauthorized to do so, the statement shall require that the building or structure be secured against unauthorized entry by means which may include but are not limited to the boarding up of doors and windows.

4. If the building official has determined that the building or structure must be demolished, the statement shall order that the building be vacated within such time as the building official shall determine is reasonable from the date of the statement, that all required permits be secured from the date of the statement, and that the demolition be completed within such time as the building official shall determine is reasonable.

5. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official will order the building vacated and posted to prevent further occupancy until the work is completed, and may proceed to cause the work to be done and charge the costs thereof against the property or its owners. (Ord. 04-105 § 3, 2004)

15.08.400 Notice of unsafe occupancy.

A. Posting Notice. In conjunction with an order to vacate or demolish, a notice shall be posted at or upon each exit of the building and shall be in substantially the following form:

DO NOT ENTER

UNSAFE TO OCCUPY

It is a violation of Chapter 15.08 of the City Code to occupy this building or to remove or deface this notice.

Building Official

City of Silverton

________________

B. Compliance. Upon an order to vacate or demolish and the posting of an unsafe building notice, no person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit.

No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the building code provisions of this code and such removal or defacement shall constitute a violation of this section. (Ord. 04-105 § 3, 2004)

15.08.410 Abatement of dangerous structures.

All structures or portions thereof which are determined after inspection by the building official 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 specified herein. If the building official determines that a structure is dangerous, as defined by this chapter, the building official may commence proceedings to cause the repair, vacation or demolition of the structure. (Ord. 04-105 § 3, 2004)

15.08.420 Inspections required – Right of entry.

A. Inspections. All buildings, structures, or other improvements regulated by this chapter and all construction work for which a permit is required shall be subject to inspection by the building official.

B. Right of Entry. Whenever the building official has reasonable cause to suspect that a violation of any provision of this chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the building official may enter on any site or into any structure for the purpose of investigation; provided, that no premises shall be entered without first obtaining the consent of the owner or person in control of the premises if other than the owner, or by obtaining an administrative search warrant.

C. Administrative Search Warrant. If consent cannot be obtained, the building official shall secure an administrative search warrant from the city’s municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. (Ord. 04-105 § 3, 2004)

15.08.430 Reserved.

(Ord. 04-105 § 3, 2004)

15.08.440 Occupancy of residential property after notice of violation.

A. If a notice of violation of SMC 15.08.080 through 15.08.350 or SMC 15.08.360 through 15.08.380 has been issued, and if the affected dwelling unit(s) is or becomes vacant, it shall be unlawful to reoccupy or permit reoccupancy of the unit(s) for residential purposes until the necessary permits are obtained, corrections made, and permit inspection approvals given.

B. Notwithstanding subsection A of this section, the building official may permit reoccupancy of the dwelling unit if, in the building official’s opinion, all fire and life safety hazards have been rectified. (Ord. 04-105 § 3, 2004)

15.08.450 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, or spaces constructed or converted without permit, the use shall be abated or the structure brought into compliance with the present regulations for a building of the same occupancy. (Ord. 04-105 § 3, 2004)

15.08.460 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;

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. 04-105 § 3, 2004)

15.08.470 Violations.

A. A violation of this chapter shall constitute a Class 1 civil infraction, which shall be processed according to the procedures in the civil infractions ordinance, set out in Article V of this chapter.

B. Each violation of a separate provision of this chapter shall constitute a separate infraction, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate infraction.

C. A finding of a violation of this chapter shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition and not in lieu of any remedies available to the city.

D. If a provision of this chapter is violated by a firm or corporation, the officer or officers or person or persons responsible for the violation shall be subject to the penalties imposed by this chapter (Chapter 1.08 SMC). (Ord. 04-105 § 3, 2004)

Article V. Civil Infractions

15.08.480 Title for provisions.

The ordinance codified in this article shall be known as the “civil infractions ordinance,” and may also be referred to herein as “this article.” (Ord. 04-105 § 3, 2004)

15.08.490 Establishment and purpose.

A. The purpose of this article is to establish civil procedures for the enforcement of certain provisions of the Silverton Municipal Code (SMC).

B. The civil infraction procedures established herein are for the purpose of decriminalizing penalties for infractions of certain civil ordinances and for the purpose of providing a convenient and practical forum for the hearing and determination of cases arising out of such infractions. The civil infractions procedure is intended to be used for all violations of the SMC other than certain violations.

C. The civil infractions abatement procedures established herein are for the purpose of authorizing the city to proceed to abate such infractions if it is determined that the infraction presents an immediate danger to the public health, safety or welfare.

D. This article is adopted pursuant to the home rule powers granted the city of Silverton by Article IV, Section 1, and Article XI, Section 2, of the Oregon Constitution. (Ord. 04-105 § 3, 2004)

15.08.500 Definitions.

For the purposes of this article, the following definitions shall apply:

“Civil infraction” shall mean the failure to comply with a code provision and shall also mean the process of imposing a civil penalty under this article.

“Civil infractions hearings officer” means the municipal judge or the individual appointed by the municipal judge with the delegated authority to preside over the code enforcement hearings and to perform the related functions as specified by this article.

“Code enforcement officer” means the building official or his/her designee.

“Respondent” means a person charged with a civil infraction.

“Violation” means failure to comply with a requirement imposed directly or indirectly by this article. “Violation” may also mean civil infraction.

“Voluntary compliance agreement” means an agreement, whether written or verbal, between the code enforcement officer and the respondent, which is intended to resolve the alleged civil infraction. (Ord. 04-105 § 3, 2004)

15.08.510 Use of language.

As used in this article, pronouns indicating the masculine gender shall include the feminine gender; singular pronouns shall include the plural; and “person” shall, where appropriate, include any partnership, corporation, unincorporated association, the state of Oregon, or other entity. (Ord. 04-105 § 3, 2004)

15.08.520 Reference to state law.

Any reference to a state statute incorporates into this article by reference the statute in effect on the effective date of the ordinance codified in this article. (Ord. 04-105 § 3, 2004)

15.08.530 Culpability – Article provisions not exclusive.

A. Acts or omissions to act which are designated as an infraction by any city ordinance do not require a culpable mental state as an element of the infraction.

B. The procedures prescribed by this article shall be the exclusive procedures for imposing civil penalties; however, this section shall not be read to prohibit in any way alternative remedies set out in the Silverton Municipal Code which are intended to abate or alleviate code infractions, nor shall the city be prevented from recovering, in any manner prescribed by law, any expense incurred by it in abating or removing ordinance infractions pursuant to any code provision. (Ord. 04-105 § 3, 2004)

15.08.540 Effect of this article.

A. Citations or complaints issued and filed with the municipal court prior to the effective date of the ordinance codified in this article shall be processed in accordance with the provisions in effect at the time the complaint was issued.

B. Nothing in this article shall be construed as a waiver of any prior assessment, bail or fine ordered by the municipal court. (Ord. 04-105 § 3, 2004)

15.08.550 Severability.

The provisions of this article are severable. If any section, sentence, clause or phrase of this article is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this article. (Ord. 04-105 § 3, 2004)

15.08.560 Reports of infractions.

All reports or complaints of infractions covered by this article shall be made or referred to an authorized code enforcement officer. (Ord. 04-105 § 3, 2004)

15.08.570 Assessment.

A. Assessment. When an alleged infraction is reported to the city of Silverton, the code enforcement officer shall review the facts and circumstances surrounding the alleged infraction and if he or she deems it appropriate will proceed with appropriate enforcement actions.

B. Sufficiency of Evidence. The code enforcement officer shall not proceed further with the matter if the officer determines that there is not sufficient evidence to support the allegation, or if the officer determines that it is not in the best interest of the city to proceed. (Ord. 04-105 § 3, 2004)

15.08.580 Notice.

Notice of the alleged infraction may be given to the respondent before a civil infraction summons and complaint is issued for an infraction. It is not a prerequisite to the issuance of the summons and complaint, and the giving of notice is at the sole discretion of the code enforcement officer. (Ord. 04-105 § 3, 2004)

15.08.610 Time to remedy infraction after notice.

If a notice of violation is given to a respondent pursuant to this article, the code enforcement officer or building official shall give the respondent a reasonable time to cure or remedy the alleged infraction after the notice is given. The time allowed shall not be less than 24 hours, nor more than 30 days. Where there is an extreme hardship, as determined by the building official or code enforcement officer, the officer may grant additional time to the respondent. (Ord. 04-105 § 3, 2004)

15.08.620 Immediate remedial action required when.

Notwithstanding the remedial time period contained in SMC 15.08.610, if the code enforcement officer determines that the alleged infraction presents an immediate danger to the public health, safety or welfare, or that any continuance of the violation would allow the respondent to profit from the violation or would otherwise be offensive to the public at large, the officer may require immediate remedial action. If, in such cases, the building official or code enforcement officer is unable to serve a notice of infraction on the respondent or, if after such service the respondent refuses or is unable to remedy the infraction, the city may proceed to remedy the infraction as provided in SMC 15.08.790. (Ord. 04-105 § 3, 2004)

15.08.630 Notice – Methods.

If a notice of infraction is given to a respondent pursuant to this article, service of such notice may be made as follows:

A. A notice of the alleged infraction may be given to the respondent in person by the code enforcement officer.

B. Notice of the alleged infraction may be given by a telephone call to the respondent. If notice is given in this manner, the respondent may be given, at the code enforcement officer’s discretion, a notice of infraction by first class mail sent to his last known address as soon as possible after the initial notice by telephone.

C. A notice of the alleged infraction may be given by mailing to the respondent at his last known address.

D. A notice of the alleged infraction may be given by affixing to the main door of the property or premises. If notice is given in this manner, the code enforcement officer or building official may, at his or her discretion, also provide the respondent with a notice of infraction by mail sent to the respondent’s last known address as soon as possible after the initial notice by posting. (Ord. 04-105 § 3, 2004)

15.08.640 Notice – Computation of time period.

A. Where the notice of infraction is delivered in person or by telephone, the time period shall begin to run immediately upon such delivery.

B. Where the notice of infraction is mailed to the respondent, for the purposes of computing any time period prescribed by this article, notice shall be considered complete three days after such mailing, if the address to which it is mailed is within the state, and seven days after mailing if the address to which it is mailed is outside the state.

C. Where the notice of infraction is affixed to the main door of the property or premises, notice shall be considered complete three days after such affixation. (Ord. 04-105 § 3, 2004)

15.08.650 Notice – Information.

A. The following information shall be included in the notice of infraction if one is given:

1. A description or identification of the activity or condition constituting the alleged infraction, and the identification of the recipient as the respondent;

2. A statement that the code enforcement officer has determined the activity or condition to be an infraction;

3. A statement of the action required to remedy or cure the alleged infraction and the time and date by which the remedy must be completed unless a voluntary compliance agreement is executed;

4. A statement advising the respondent that if the required remedy is not completed within the time specified and the respondent has not entered into a voluntary compliance agreement, a civil infraction summons and complaint will be issued and a forfeiture in the maximum amount provided for the particular infraction may be imposed.

B. The following information may be included in the notice of infraction at the discretion of the building official or code enforcement officer: an invitation to contact the city of Silverton to discuss any questions the respondent may have about the alleged violation; the requirements for compliance; and any possibility of entering into a voluntary compliance agreement. (Ord. 04-105 § 3, 2004)

15.08.660 Failure to respond to notice.

If notice is given, and the respondent either receives or rejects the notice of infraction and fails to remedy or cure the alleged infraction within the time specified in the notice of infraction, the code enforcement officer or building official shall serve the respondent with a civil infraction summons and complaint. (Ord. 04-105 § 3, 2004)

15.08.670 Voluntary compliance agreement.

A. Effect of Agreement.

1. The code enforcement officer or building official may enter into a voluntary compliance agreement with the respondent. The agreement shall include time limits for compliance and shall be binding on the respondent.

2. The fact that a person alleged to have committed a civil infraction enters into a voluntary compliance agreement shall not be considered an admission of having committed the infraction for any purpose.

3. The city shall abate further processing of the alleged infraction during the time allowed in the voluntary compliance agreement for the completion of the necessary corrective action. The city shall take no further action concerning the alleged violation if all terms of the voluntary compliance agreement are satisfied, other than steps necessary to terminate the enforcement action.

B. Failure to Comply with Agreement. The failure to comply with any term of the voluntary compliance agreement constitutes an additional and separate infraction, and shall be handled in accordance with the procedures established by this article, except that after the voluntary compliance agreement has been signed no further notice need be given before a civil infraction summons and complaint is issued. The city may also proceed on the alleged infraction that gave rise to the voluntary compliance agreement. (Ord. 04-105 § 3, 2004)

15.08.681 Civil infraction summons and complaint – Timing.

A civil infraction summons and complaint may be served on the respondent:

A. Immediately upon discovery of the infraction;

B. Where a notice of infraction is given and the response period in the violation notification has expired; or

C. Where a voluntary compliance agreement has been executed, whether verbal or written, when the period for compliance has expired and the infraction has not been cured. (Ord. 04-105 § 3, 2004)

15.08.682 Civil infraction summons and complaint – Process requirements.

A. The physical form taken by a civil infraction summons and complaint is not material. What is material is the substance, the information contained therein. The city may utilize various physical formats for the summons and complaint. A long form and a short form are specifically authorized, but other formats may be used. The state uniform citation may be used. Any form prepared by the city should normally contain or solicit the following information, but no complaint or summons shall be considered invalid for failure to comply with these rules, so long as the basic information regarding the infraction and the court date is included.

B. The civil infraction summons and complaint shall contain the following information:

1. The name and address of the respondent;

2. A description of the infraction that can be understood by a person making a reasonable effort to do so;

3. The date, time, and place at which the infraction is alleged to have been committed. If the infraction is alleged to be ongoing, the civil infraction summons and complaint shall so state and shall list a date on which the infraction was observed;

4. A file or reference number;

5. The date the civil infraction summons and complaint was issued;

6. The name of the code enforcement officer or building official issuing the citation;

7. The time, date, and location at which the respondent is to appear in court;

8. A notice that a complaint based on the violation will be filed with the court;

9. The amount of the maximum civil penalty for the infraction;

10. An explanation of the respondent’s obligation to appear at the hearing and that a monetary judgment may be entered for up to the maximum penalties if the respondent fails to make all required court appearances;

11. A space wherein the respondent many admit having committed the alleged infraction;

12. The time period for returning the form to the court;

13. A notice that, if the respondent admits having committed the infraction as charged, payment, in the amount shown on the summons and complaint or as agreed with the code enforcement officer or building official pursuant to SMC 15.08.890, as may be appropriate, must accompany the admission; and

14. A form of verification that the person signing the complaint swears that the person has reasonable grounds to believe, and does so believe, that the respondent committed the alleged infraction. (Ord. 04-105 § 3, 2004)

15.08.683 Civil infraction summons and complaint – Service – Failure to receive – Default.

A. Service of the civil infraction summons and complaint may be made by personal service on the respondent or an agent for the respondent, by substitute service at the respondent’s dwelling or office, by affixing to the main door of the property or premises, or by certified mail, return receipt requested, to the respondent at his last known address. In the event of substitute service at the respondent’s dwelling, the person served must be at least 14 years of age and residing in the respondent’s place of abode. Service at the respondent’s office must be made during regular business hours to the person who is apparently in charge. If substitute service is used, a true copy of the summons and complaint, together with a statement of the date, time and place at which service was made, must be mailed to the respondent at the respondent’s last known address. Service will be considered complete upon such a mailing. Service by any other method reasonably calculated, under all the circumstances, to apprise the respondent of the existence and pendency of the infraction and to afford a reasonable opportunity to respond shall be acceptable.

B. Service on particular respondents, such as minors, incapacitated persons, corporations, limited partnerships, the state, other public bodies and general partnerships shall be as prescribed for the service of a civil summons and complaint by the Oregon Rules of Civil Procedure.

C. No default shall be entered against any respondent without proof that the respondent had notice of the civil infraction summons and complaint. A sworn affidavit of the code enforcement officer outlining the method of service, including the date, time and place of service, shall create a rebuttable presumption that the respondent had such notice. (Ord. 04-105 § 3, 2004)

15.08.684 Civil infraction summons and complaint – Respondent’s response required.

A. Response Required. A respondent served with a civil infraction summons and complaint shall respond to the complaint by personally appearing at the scheduled first appearance or by making a written response by mail or personal delivery to the court.

B. Admission. If the respondent admits the infraction, the respondent may so indicate on the summons and forward the form to the court. Payment in the amount of the civil penalty for the infraction, as shown on the summons or as agreed with the code enforcement officer pursuant to SMC 15.08.890, shall be submitted with the response. An appropriate findings shall be entered in the records of the civil infraction hearings officer indicating the receipt of the civil penalty.

C. First Appearance. If the respondent does not admit the infraction, the respondent must appear at the scheduled first appearance. At the first appearance, the respondent may deny the infraction and request a hearing, admit the infraction, or not contest the infraction. If the respondent either admits or does not contest the infraction the respondent shall be given the opportunity to provide a statement. Based on the statement provided by the respondent and any additional information provided by the code enforcement officer or building official, the civil infractions hearings officer shall impose a penalty not to exceed the maximum penalty allowed for the infraction. If the respondent requests a hearing a hearing shall be scheduled. (Ord. 04-105 § 3, 2004)

15.08.690 No right to jury.

Any hearing to determine whether an infraction has been committed shall be held before the civil infraction hearings officer without a jury. (Ord. 04-105 § 3, 2004)

15.08.700 Representation by counsel.

The respondent may be represented by legal counsel; however, legal counsel shall not be provided at public expense. Written notice shall be provided to the hearings officer and code enforcement officer no later than five days prior to any appearance by legal counsel at an appearance or hearing. (Ord. 04-105 § 3, 2004)

15.08.710 Opportunity to be heard – Cross-examination.

At a hearing a respondent shall have the right to present evidence and witnesses in the respondent’s favor, to cross-examine any witnesses who testify against the respondent, and to submit rebuttal evidence. (Ord. 04-105 § 3, 2004)

15.08.720 Witnesses.

A. The respondent may request that witnesses be ordered by subpoena to appear at the hearing. The respondent shall make such request in writing to the court at least five days prior to the scheduled hearing.

B. Subject to the same five-day limitation, the code enforcement officer, the citizen who signed the complaint, or the city attorney, as appropriate, may also request in writing that the court order certain witnesses to appear by subpoena. If a civil penalty is declared in the final order, the order shall also provide that the respondent shall pay any witness fees payable in connection with the hearing. (Ord. 04-105 § 3, 2004)

15.08.730 Hearing – Admissible evidence.

A. Admissible Evidence.

1. Relevant Evidence. The hearing shall be limited to production of evidence only on the infraction alleged in the complaint.

2. Oral Evidence. Oral evidence shall be taken only upon oath or affirmation administered by the civil infractions hearings officer.

3. Admissibility of Evidence. Evidence shall be admitted if it is of the type which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might render such evidence inadmissible in civil actions in courts of competent jurisdiction in this state.

4. Exclusion of Evidence. Irrelevant or unduly repetitious evidence shall be excluded.

B. Burden of Proof. The complainant or, if the city is the complainant, the code enforcement officer or building official shall have the burden of proving the alleged civil infraction by a preponderance of the evidence. (Ord. 04-105 § 3, 2004)

15.08.740 Hearing – Decision by hearings officer.

The hearings officer shall determine if the respondent committed the infraction as alleged in the complaint. When the infraction has not been proven, a written order dismissing the complaint shall be entered in the court records. When the hearings officer finds that the infraction was committed, written findings shall be prepared which set out sufficient information to substantiate the commission of the infraction. Written orders, including findings, shall be prepared within 10 working days of the oral decision. The court shall serve true copies of the hearings officer’s finding, order and judgment on all parties, either personally or by mail. (Ord. 04-105 § 3, 2004)

15.08.750 Civil penalty – Abatement requirements.

Upon a finding that the infraction was committed by the respondent, the hearings officer may require the respondent to abate the ordinance infraction within a specified time period identified in the final order. (Ord. 04-105 § 3, 2004)

15.08.760 Civil penalty – Assessment of fees.

Upon a finding that the infraction was committed by the respondent, the hearings officer may assess a civil penalty pursuant to SMC 15.08.830 through 15.08.890, plus hearing costs and witness fees, if any. (Ord. 04-105 § 3, 2004)

15.08.770 Hearing – Records.

The court shall maintain a record of the hearing proceedings. A mechanical recording of the hearing, accompanied by any written documents, correspondence or physical evidence associated with the matter, shall be sufficient to meet the requirements of this section. (Ord. 04-105 § 3, 2004)

15.08.780 Finality of decision – Appeals.

The determination of the hearings officer shall be final. Review of the hearings officer’s determination shall be to the circuit court by writ of review, pursuant to ORS Chapter 34. (Ord. 04-105 § 3, 2004)

15.08.790 Remedial action by city – Costs.

A. Upon finding that an infraction was committed, as determined by a final decision of the hearings officer, the city may, after obtaining a warrant to enter the property and abate the infraction, remedy the infraction and charge the remedial costs back to the respondent. For the purposes of this subsection, “a final decision of the hearings officer” means a final decision for which judicial review was not sought within the time allowed by law or a decision of the hearings officer that was upheld by a final decision in the judicial review and appeal process.

B. In the case of an immediate danger to the public health, safety or welfare declared under SMC 15.08.620, the city may remedy the infraction and charge the remedial cost back to the respondent, after obtaining a warrant to enter the property and abate the infraction. If the immediate danger constitutes an emergency threatening immediate death or physical injury to persons, the city may abate the infraction without obtaining a warrant if the delay associated with obtaining the warrant would result in increased risk of death or injury, and may charge the remedial costs back to the respondent.

C. The code enforcement officer or building official shall have the right at reasonable times to enter into or upon property in accordance with law to investigate or to remedy the infraction. This provision does not authorize a warrantless entry when a warrant is required by state or federal law.

D. The finance officer shall keep an accurate record of all costs incurred by the city in remedying the infraction. The finance officer shall notify the respondent by certified mail, return receipt requested, of these costs, and advise the respondent that the costs will be assessed to and become a lien against the respondent’s property if not paid within 30 days of the notice, and shall further notify the respondent that the respondent is entitled to a hearing to contest the amount of the costs to be assessed.

E. The respondent shall be entitled to request a hearing to consider the amount of the costs assessed to remedy the alleged infraction. That hearing shall be conducted pursuant to the procedures established in SMC 15.08.690 through 15.08.780.

F. If the remedial costs are not paid, the finance officer shall follow the procedures for lien filing and docketing as contained in SMC 15.08.820. (Ord. 04-105 § 3, 2004)

15.08.800 Default judgment.

Subject to the limitations set forth in SMC 15.08.683, a default judgment shall be entered in an amount up to the maximum civil penalty applicable to the charged infraction if the respondent fails to appear at the scheduled hearing. (Ord. 04-105 § 3, 2004)

15.08.810 Enforcement – Rules and regulations.

The code enforcement officer and building official are authorized to promulgate any rules he or she considers necessary to enforce this chapter. To be effective, such rules must be approved by the city council by resolution. (Ord. 04-105 § 3, 2004)

15.08.820 Lien filing and docketing.

A. When a judgment is rendered by the hearings officer in favor of the city for the sum of $10.00 or more, exclusive of costs and disbursements, the code enforcement officer shall, at any time thereafter while the judgment is enforceable, file with the city finance officer a certified transcript of all those entries made in the docket of the hearings officer with respect to the action in which the judgment was entered.

B. Upon receipt of this transcript, the finance officer shall enter the judgment of the hearings officer on the city’s lien docket.

C. From the time of entry of the judgment on the city’s lien docket, the judgment shall be a lien upon the real property of the person against whom the judgment was entered in the hearing. The city’s lien docket shall not thereby extend the lien of the judgment more than 10 years from the original entry of the judgment at the hearing.

D. Whenever a judgment of the hearings officer which has been entered pursuant to this section is renewed by the hearings officer, the lien is automatically extended 10 years from the date of the renewal order.

E. The finance officer shall file the transcript of the judgment with the Marion County clerk for entry in the judgment docket of the circuit court. All costs associated with the filing of the transcript shall be added to the amount of the judgment. (Ord. 04-105 § 3, 2004)

15.08.830 Continuous infractions.

When an infraction is of continuous nature, unless otherwise specifically provided, a separate infraction shall be deemed to occur on each calendar day the infraction continues to exist. (Ord. 04-105 § 3, 2004)

15.08.840 Failure to comply with judgment order.

Failure to abate an infraction or pay the civil penalty or court costs imposed within the time allowed for abatement or payment shall constitute a Class 1 civil infraction. Failure to comply with a judgment order is a continuous infraction and a separate infraction will be deemed to occur each calendar day the failure to comply with an infraction continues to exist past the time allowed in the judgment order. (Ord. 04-105 § 3, 2004)

15.08.850 Penalty – Payment due when.

Any civil penalty assessed shall be paid no later than close of business day after the final order. Such period may be extended upon order of the hearings officer. (Ord. 04-105 § 3, 2004)

15.08.860 Penalty – Classifications.

For the purpose of determining civil penalties, infractions are classified in the following categories:

A. Class 1 infractions;

B. Class 2 infractions;

C. Class 3 infractions. (Ord. 04-105 § 3, 2004)

15.08.870 Penalty – Assessment.

The civil penalty to be assessed for a specific infraction by Resolution No. 04-09. (Ord. 04-105 § 3, 2004)

15.08.880 Penalty – Repeat violations.

The maximum amounts of the civil penalties set forth in SMC 15.08.870 shall be doubled in the event that the respondent is found in violation of a second and similar violation within 24 months of the initial violation and quadrupled in the event of a third or subsequent repetition within 24 months of the initial violation. (Ord. 04-105 § 3, 2004)

15.08.890 Penalty – Prior to hearing.

The code enforcement officer or building official is not authorized to reduce the amount of the penalty to be paid by the respondent if the penalty amount is paid in full on or before the time and date of the first appearance. (Ord. 04-105 § 3, 2004)

15.08.900 Delinquent civil penalties.

Delinquent civil penalties and those imposed by default judgment which were assessed for infractions may, in addition to any other method, be collected or enforced pursuant to ORS 30.310. (Ord. 04-105 § 3, 2004)