Chapter 15.09
BOARDING UP OF BUILDINGS IN DOWNTOWN COMMERCIAL CORE
Sections:
15.09.010 Prohibition of boarding up windows and doors.
15.09.050 Violation – Separate offenses.
15.09.001 Intent.
The intent of this chapter is to recognize that the boarding up of windows and doorways in buildings within the downtown commercial core is contrary of the intent of the city to foster the economic viability of the commercial downtown core and preserve the integrity of the downtown core’s historic district designation. Boarding up of buildings results in creation of a blighted effect in the downtown core which threatens the overall economic health of the community. (Ord. 01-113 § 1, 2001)
15.09.005 Definitions.
“Downtown commercial core” is defined as being that area which comprises the central business district and all of the National Register Historical District. Its boundaries encompass one contiguous section, beginning on the east side of Silver Creek between City Hall located at 306 S. Water Street and the Fisher Building located at 210 S. Water Street, crossing South Water Street east along Jersey Street to Second Street, then north along Second Street to the intersection with Park Street, then west along Park Street to the intersection with North Water, then along the north property line of property located at 313 N. Water Street, then south along the east side of Silver Creek to the point of beginning.
“Boarding up” means the placement of boards, plywood, particle board, other fibrous material, synthetic material, metallic material, cardboard, or paper over windows and doorways so as to obscure vision into or out of the building and limit ingress and egress of the building or portion of a building. (Ord. 01-113 § 1, 2001)
15.09.010 Prohibition of boarding up windows and doors.
Owners of buildings in the commercial downtown core are prohibited from boarding up the buildings’ windows and doors except during times of actual building renovations for activity covered by a valid building permit, or during times of emergency. (Ord. 01-113 § 1, 2001)
15.09.020 Order to correct.
In the event any person who shall be the owner of, or shall be in possession of, or in responsible charge of any building in the downtown commercial core with windows and/or doors which remain boarded up 30 days after permitted building renovations are either completed, or when a building permit has been inactivated, or work has terminated, or boarded up when a declared period of emergency is no longer in effect shall be guilty of a violation of this chapter, shall receive written notice from the city stating that the building is in violation of this chapter and the abatement must begin. The order to correct shall advise the owner that a civil penalty may be assessed if the condition is not remedied. The order to correct shall be served by certified mail, without return receipt, to the owner, as determined by the most recent roll of the Marion County tax assessor. It shall also be posted on the premises by order of the city manager. (Ord. 01-113 § 1, 2001)
15.09.025 Civil penalty.
A. If compliance with the order to correct is not achieved within the time specified in the order to correct, the city manager is authorized to assess a civil penalty of $2,500 a day, payable to the city, for each day the violation continues to exist after the deadline specified in the order.
B. A civil penalty is assessed by issuing written notice of penalty to the owner of specified property. The notice shall contain the following information:
1. The street address or description sufficient for identification of the property;
2. That the city manager has found the violation continues to exist after the order to correct, with a concise description of the conditions leading to his/her findings;
3. That the owner may request a hearing on the validity of the assessment of the penalty. A hearing request must be in writing and filed with the Silverton city council, 306 S. Water Street, Silverton, Oregon 97381 within 10 days of the mailing of the notice. The request must state the grounds upon which the owner believes that the penalty is not valid. The council may assess the costs of the hearing against the owner if the council determines the penalty is valid. The penalty and hearing costs will become a lien against the property unless paid.
C. The penalty is final when 10 days have elapsed from the date of mailing the notice if a request for hearing is not filed, or upon entry of an order by the city council declaring the penalty valid if a request for hearing is filed.
D. Hearing. The city council shall hold a hearing upon a request filed as provided in this chapter. At the hearing the owner may contest the validity of the penalty. The city shall have the burden of showing the validity of the penalty by a preponderance of the evidence. The council shall enter an order determining whether the penalty is valid or not valid. The action of the council pursuant to this section is final. If the council determines that the penalty is valid, the council may assess costs of the hearing against the owner.
E. Penalty and Costs of Hearing as Lien. The city manager and city council shall forward statements of the assessments for penalties and hearing costs to the city recorder. The city recorder shall notify the owner by mail of the sum of money due to the city. If that sum is not paid within 30 days of the billing date, the recorder shall file with the council a statement of the sum due, plus an additional charge of five percent to cover assessment procedure expense. After a reasonable opportunity to be heard in objection thereto, the council shall then, by ordinance, declare the correctness of such statement and declare the same to be a lien upon the property involved, to be entered in the minor lien docket and enforced against the property, in the same manner provided for enforcement of liens for street improvements. (Ord. 01-113 § 1, 2001)
15.09.030 Violation.
Any person who shall be the owner of, or shall be in possession of, or in responsible charge of any building in the downtown commercial core with windows and/or doors which remain boarded up 30 days after permitted building renovations are either completed, or when a building permit has been inactivated, or work has terminated, or boarded up when a declared period of emergency is no longer in effect shall be liable for a violation of this chapter and shall be subject to notice by the city consistent with the procedures established in SMC 8.04.160 through 8.04.210, except that the enforcement official shall not be the chief of police, but shall be the city manager, or designee. (Ord. 01-113 § 1, 2001)
15.09.050 Violation – Separate offenses.
Each day the violation of this provision continues unabated shall constitute a separate offense. (Ord. 01-113 § 1, 2001)