HomeMy WebLinkAboutOrdinance 1917Ordinance No.j_
AN ORDINANCE ADDING CHAPTER 8.03 TO THE
CENTRAL POINT MUNICIPAL CODE ENTITLED
"DERELICT STRUCTURES"
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN
AS FOLLOWS:
There is hereby added to the Central Point Municipal Code a
new Chapter, 8.03, entitled "Derelict Structures", to read as
follows:
Chapter 8.03
DERELICT STRUCTURES
8.03.010 Definitions. The following definitions apply in this
Chapter. Whenever the words "dwelling unit," "dwelling,"
"premises," or "building" are stated in this chapter, they shall
be construed as though they were followed by the words "or any
part thereof."
"Abandoned Structure" means a vacant structure, or portion
thereof, that is an attractive nuisance to children at play or
that is used for unlawful activity.
"Administrator" means the City Administrator of the City of
Central Point or his/her designee.
"Boarded Building" means an unoccupied building that has been
secured against entry by material such as plywood, boards, or
other similar material placed over openings, such as doors or
windows and which are visible off the premises and are not both
lawful and customary to install on an occupied structure.
"Building" means any structure occupied or intended for any
occupancy.
"Building Official" means the administrator of the building and
safety division of the City of Central Point or the
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administrator's designee.
"Deterioration" means a lowering in quality of the condition or
appearance of a building, structure or parts thereof
characterized by holes, breaks, rot, crumbling, cracking,
peeling, rusting or any other evidence of physical decay or
neglect or excessive use or lack of maintenance.
"Dwelling Unit" means a single unit providing complete,
independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and
sanitation.
"Imminent Hazard" means a condition that places a person " s life,
health, or property in high risk of peril when such condition is
immediate, impending, or on the point of happening.
"Legal Owner" means any person recorded in the official records
of the state, county or municipality as holding title to the
premises.
"Let for occupancy or let" means to permit, provide or offer
possession or occupancy of a dwelling, dwelling unit, rooming
unit, building, premise or structure by a person who is or is not
the legal owner thereof, pursuant to a written or unwritten
lease, agreement or license, or pursuant to a recorded or
unrecorded agreement of contract for the sale of land.
"Occupancy" means the purpose for which a building or portion
thereof is used or intended to be used.
"Occupant" means any person living or sleeping in a building; or
having possession of a space within a building or premises.
"Owner" means any legal owner or any person having charge, care
or control of a premises.
"Partially Constructed" means an occupied or vacant structure, or
portion thereof, that has been left in a state of partial
construction for more than six months or after the expiration of
any building permit, or that has not had a required permit
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inspection within any six month period.
"Person" means an individual, corporation, partnership or any
other group acting as a unit.
"Pests" mean any animals detrimental to humans or human concerns
including but not limited to insects, rodents, rats or vermin.
"Premises" means a lot, plot or parcel of land including any
structures thereon.
"Skilled Manner" means executed in a skilled manner; e.g.,
generally plumb, level, square, in line, undamaged, without
marring adjacent work and completed in conformance with generally
accepted construction and maintenance practices.
"Structure" means that which is built or constructed or a portion
thereof.
"Unfit for Human Habitation" means a structure that is unfit for
human habitation as specified in this chapter whenever the
administrator finds that such structure is in such disrepair or
lack of maintenance, is unsanitary, is pest infested, contains
filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities to the extent that habitation
would be injurious to the health and safety of the occupants.
"Unoccupied" means not being used for a lawful occupancy.
8.03.020 Derelict Structures Prohibited. A. No structure shall
be:
1. Boarded, unoccupied and unsecured; or
2. Partially constructed and abandoned; or
3. Maintained in a condition that is unfit for human
habitation; or
4. Maintained in a condition that is an imminent
hazard.
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8.03.030 Closing of Derelict Structures. A. If the
administrator finds a structure in violation of this section, the
administrator is authorized to order that a placard be posted on
the structure, to order the structure or portion thereof vacated.
The placard shall contain the information required in this
section.
B. No person shall occupy, and no owner shall allow another
to occupy, a placarded structure or a structure or portion
thereof ordered vacated by the administrator.
C. The administrator shall authorize removal of the placard
whenever the violation(s) upon which the placarding action were
based have been eliminated. No person shall deface or remove a
placard without the approval of the administrator.
D. Notwithstanding other provisions of this chapter,
whenever, in the opinion of the administrator, there is imminent
hazard due to an unsafe condition, the administrator may order
the necessary work to be done, including the boarding -up of
openings, to render such structure temporarily safe whether or
not the legal procedure herein described has been instituted; and
shall cause such other action to be taken as the administrator
deems necessary to meet such emergency.
8.03.040 Derelict Structure Registration. In the event the
administrator determines that a structure violates this section,
the legal owner of the structure shall be required to register
the structure within 10 days of the administrator's order to
register. Registration under the terms of this chapter shall be
completed on forms to be provided by the administrator, and shall
include information relating to the location and ownership of the
structure, the expected period of its vacancy, a plan for regular
maintenance during the period of vacancy, and a plan for its re -
occupancy and use, or its demolition. Any change in the
information provided pursuant to this subsection shall be given
to the administrator within 30 days. When all code violations
have been corrected the owner shall contact the administrator and
request an inspection to determine compliance.
8.03.050 Derelict Structure Fees. A. Every legal owner who
keeps a structure within the city in violation of this section
shall pay a non-refundable quarterly fee as prescribed by
resolution of the council for each derelict structure. Payment of
the fee is due on the fifteenth day of April, July, October and
January. Any payment of the fee that is more than 30 days past
due may be considered delinquent and subject to a penalty of $100
for every delinquent quarterly payment.
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B. In the event that the fees due under the terms of this
section become delinquent for more than 90 days, or in the event
the legal owner fails to register the structure as required, the
city attorney, on request of the administrator, may file an
action in the circuit court of the appropriate county for the
recovery of any and all delinquent fees and penalties due under
this section. Where the legal owner has failed to register the
structure, the delinquent amount shall be the total yearly fee
plus delinquent penalties.
C. All fees imposed under the terms of this section are to
be paid prior to the issuance of any permit required for the
demolition, alteration or repair of a structure.
8.03.060 Waiver of Derelict Structure Fees. A. The
administrator may waive all or a portion of the fees imposed
under this chapter, if the following conditions are met:
1. All delinquent fees and penalties have been paid in
full;
2. A timetable for the repair or demolition of the
structure has been submitted by the legal owner and approved by
the administrator;
3. All appropriate permits have been obtained for the
repair or demolition of the structure;
4. The administrator is satisfied that the repairs or
demolition of the structure are being undertaken and will be
prosecuted to completion in a timely fashion; and
5. The legal owner provides written authorization for
the city to enforce all applicable trespass and illegal camping
ordinances and laws.
8.03.070 Abatement by Demolition. A. In addition to and not in
lieu of the abatement remedies provided for in Chapter 8.04, the
City Council may, by resolution and after affording the legal
owner of the structure an opportunity to be heard before the
Council, request a public hearing before Municipal Court for the
purpose of seeking authority to order the demolition of a
derelict structure.
B. Upon receipt of such a request from the City Council,
the Municipal Court Clerk shall set the matter for prompt public
hearing before the Municipal Court and give the owner(s) and
occupant(s) notice by certified mail of the date and time set for
hearing. Notice shall also be posted on or near the derelict
structure and copies delivered to the affected neighborhood
association. Failure of the owner(s) or occupant(s) to receive
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such notice or an error in the name or address of a owner(s) or
occupant(s) shall not render the notice void and in such case the
notice shall be sufficient.
C. At the hearing, the administrator shall present whatever
information, evidence or testimony he or she may deem relevant in
support of the administrator's determination, and the owner(s)
and occupant(s) shall be afforded a like opportunity to rebut the
determination. Any information, opinion, testimony, or evidence
may be received which the Municipal Court deems material,
relevant, and probative of the matters in issue. The owner(s) and
occupant(s) may represent themselves or be represented by counsel
of their choice provided that such counsel is admitted to the
practice of law in the State of Oregon.
D. The Municipal Court may authorize the administrator to
order the structure demolished if the administrator shows, by a
preponderance of the evidence, that demolition would be in the
public interest. The burden of proof shall be upon the
administrator.
E. In determining whether a structure is so derelict as to
require its owner to demolish the structure, the Municipal Court
may consider the number and extent of the following factors: 1.
Dilapidation; 2. Disrepair; 3. Structural defects noted by the
Building Official or designee; 4. Defects increasing the hazards
of fire, accident or other calamity, such as parts standing or
attached in such manner as to be likely to fall and cause damage
or injury; 5. Uncleanliness; 6. Sanitary facilities; 7. The
presence of a public nuisance; and 8. The history of unlawful
activity in or around the derelict structure.
8.03.080 Failure to Follow Order to Demolish. A. Whenever a
demolition is not commenced within 30 days after an order to
demolish, the administrator may file with the Municipal Court a
request to authorize the administrator to have the demolition
performed and the cost thereof assessed as a lien against the
property upon which the structure is located.
B. Upon filing of such a request, the Municipal Court Clerk
shall set the request for prompt hearing, and cause notice
thereof to be served via certified mail to the owner(s) and
occupant(s). Failure of the owner(s) or occupant(s) to receive
such notice or an error in the name or address of a owner(s) or
occupant(s) shall not render the notice void and in such case the
notice shall be sufficient.
C. At the hearing, the owner(s) and occupant(s) shall be
accorded an opportunity to show cause why the demolition should
not be performed and the cost thereof assessed as a lien against
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the property. No issue heard and decided pursuant to this section
shall be reintroduced or considered at the hearing provided in
this section unless the Municipal Court, for good cause shown,
determines that the interest of justice and fundamental fairness
would best be served thereby.
D. The cost of demolition
administrative overhead will be
in Chapter 8.04 of this Code.
and 20 percent charge for
assessed in the manner provided
Passed by the Council and signed by me in authentication of
its passage this QV, -day of i�ua%k 2008.
z
Mayor Hank Williams
ATT
Approved by me this day of �- 2008.
Mayor Hank Williams
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