Chapter 15.20
SUBSTANDARD BUILDINGS
Sections:
15.20.010 Substandard buildings – Nuisances.
15.20.020 Substandard conditions or defects.
15.20.030 Initiation of enforcement proceedings.
15.20.050 Failure to commence work.
15.20.060 Extension of time to perform work.
15.20.010 Substandard buildings – Nuisances.
This chapter shall be known as the substandard building provisions of the international and specialty code of the city of Coos Bay.
Buildings or portions thereof which are determined to be substandard as defined by this code are hereby declared to be public nuisances, and shall be abated by repair, rehabilitation, demolition or removal. [Ord. 405 § 80, 2008].
15.20.020 Substandard conditions or defects.
Any building or structure or portion thereof in which there exists any of the following conditions is a substandard building:
(1) Inadequate sanitation, including, but not limited to:
(a) Lack of, or improper, toilet, lavatory, bathtub or shower in a dwelling unit or lodging house.
(b) Lack of, or improper, toilets, lavatories and bathtubs or showers per number of guests in a hotel.
(c) Lack of, or improper, kitchen sink in a dwelling unit.
(d) Lack of hot and cold running water to plumbing fixtures in a hotel.
(e) Lack of hot and cold running water to the plumbing fixtures in a dwelling unit or lodging house.
(f) Lack of adequate heating facilities.
(g) Lack of, or improper operation of, required ventilation equipment.
(h) Lack of minimum amounts of natural light and ventilation required under city specialty codes.
(i) Room and space dimensions less than required under city structural codes.
(j) Lack of required electric lighting.
(k) Dampness in habitable rooms.
(l) Infestation by insects, vermin or rodents as determined by the health officer or building officer.
(m) General dilapidation or improper maintenance.
(n) Lack of connection to sewage disposal system.
(o) Lack of garbage and rubbish storage and removal facilities as determined by the building official.
(2) Structural hazards, including, but not limited to:
(a) Deteriorated or inadequate foundations.
(b) Defective or deteriorated flooring or floor supports.
(c) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(d) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
(e) Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety.
(f) Members of ceilings, roofs, ceiling and roof support or other horizontal members which sag, split or buckle due to defective material or deterioration.
(g) Members of ceilings, roofs, supports for ceilings and roofs or other horizontal members that are of insufficient size to carry imposed loads with safety.
(h) Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration.
(i) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(3) Hazardous Electrical Wiring. Electrical wiring which was installed in violation of code requirements in effect at the time of installation, which was not installed according to generally accepted construction practices in locations where no codes were in effect at the time of installation, which has not been maintained in good condition, or which is not being used in a safe manner.
(4) Hazardous Plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation, which was not installed according to generally accepted construction practices in locations where no codes were in effect, which has not been maintained in good condition, or which is not free of cross-connections or siphonage between fixtures.
(5) Hazardous Mechanical Equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation, which was not installed according to generally accepted construction practices in locations where no codes were in effect at the time of installation, or which has not been maintained in good and safe condition.
(6) Faulty weather protection, including, but not limited to:
(a) Deteriorated, crumbling or loose plaster.
(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundation or floors, including broken windows or doors.
(c) Lack or defective weather protection of exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(d) Broken, rotted, split or buckled exterior wall coverings or roof coverings.
(7) Fire Hazard. Any building or portion thereof, or any device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the fire chief or the building official, is in such condition as to cause threat of fire or explosion or provide ready fuel to augment the spread or intensity of fire or explosion arising from any cause.
(8) Faulty Materials of Construction. Any construction material other than those which are specifically allowed or approved by this code, and any specifically allowed or approved construction materials which have not been adequately maintained in good and safe condition.
(9) Hazardous or Unsanitary Premises. Premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harbors, stagnant water, combustible materials and similar materials or conditions constitute a fire, health or safety hazard.
(10) Inadequate Exits.
(a) Buildings or portions thereof whose exits were installed in violation of code requirements in effect at time of construction, or whose exits have not been increased in number or size in relation to any increases in occupancy subsequent to the time of construction.
(b) Notwithstanding compliance with code requirements in effect at time of construction, exits in buildings or portions thereof which the building official finds are unsafe because of improper location, a lack of adequate number or width, or other conditions which are dangerous to human life.
(11) Inadequate Fire-Protection or Fire-Fighting Equipment. Any building or portion thereof which is not provided with fire-resistant construction, fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof which conformed with all applicable laws at time of construction and whose fire-resistant integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, or any alteration, addition or change in occupancy.
(12) Improper Occupancy. Any building or portion thereof occupied for living, sleeping, cooking or dining purposes which was not designed or intended to be used for such purposes. [Ord. 405 § 81, 2008].
15.20.030 Initiation of enforcement proceedings.
(1) Whenever the building official has inspected any building and has determined the building is a substandard building, the building official shall commence proceedings to cause the repair, rehabilitation, or vacation of the building.
(2) The building official shall issue a notice of substandard building and order directed to the owner of record of the building, stating action to be taken:
(a) If the building official has determined the building or structure must be repaired, the order shall require that all required permits be obtained and the work commenced and completed within such time as the building official determines reasonable under all of the circumstances.
(3) The notice and order shall also contain a statement advising that any person holding record title or having legal interest in the building may appeal the action of the building official to the public works and development director, by filing an appeal with the public works and development director, in writing, within 30 days from the date of service of the notice and order; and that failure to appeal will constitute a waiver of all right to hearing and determination of the matter. If the notice and order are appealed, the hearing officer may, after hearing upon the appeal, declare the building to be a nuisance, and issue an order of abatement.
(4) The notice and order shall be posted on the property and served, by personal service or certified mail, on the owner of record and each of the following, if known: the holder of a mortgage or deed of trust; the holder of a lien or other encumbrance of record; the holder of any lease of record; and the holder of any other estate or legal interest of record in the building or real property on which the building is located. The failure of the building officer to serve any person shall not invalidate any proceedings hereunder or relieve any such person from any duty or obligation imposed by the provisions of this section.
(5) Any notice and order issued pursuant to this section shall require one or more of the following:
(a) The building be repaired in accordance with current international and specialty code applicable to the substandard condition which is the subject of the notice and order; or
(b) The building be demolished at the option of the owner; or
(c) If the building is in such a condition that it may become dangerous to life, limb, property or safety of the public in the immediate future, the building may be ordered vacated within a time certain not to exceed 30 days from the date of the issuance of the notice and order. [Ord. 405 § 82, 2008].
15.20.040 Compliance.
After any notice and order becomes final, the person to whom such order is directed shall not fail, neglect, or refuse to obey the order. If the person does so, the building official may issue a citation for violation of this code and institute proceedings to abate the building as a nuisance pursuant to CBMC 15.15.070 through 15.15.110. [Ord. 405 § 84, 2008].
15.20.050 Failure to commence work.
Whenever required repair or demolition is not commenced within 60 days after any notice and order of substandard building is issued, the building official may cause the building described in such notice and order to be vacated by posting at each entrance the notice set forth in this code, and commence proceedings to declare the building a nuisance pursuant to CBMC 15.15.070 through 15.15.110. [Ord. 405 § 85, 2008].
15.20.060 Extension of time to perform work.
At any time after the notice and order is issued and prior to the hearing upon abatement, upon receipt of an application by the owner of record of the building for an extension of time to comply with the notice and order, the building official may grant an extension of time within which to complete the repair, rehabilitation or demolition of the building. [Ord. 405 § 86, 2008].