Chapter 15.10


15.10.010    Definitions.

15.10.020    Nuisance declared.

15.10.030    Initial action.

15.10.040    Mailed notice.

15.10.050    Published and posted notices.

15.10.060    Hearing.

15.10.070    Council orders – Notice.

15.10.080    Abatement by the city.

15.10.090    Assessment.

15.10.100    Summary abatement.

15.10.110    Errors in procedure.

15.10.120    Penalty.

15.10.010 Definitions.

As used in this chapter, the following mean:

(1) Dangerous building:

(a) A structure that, for lack of proper repairs, or because of age and dilapidated condition or of poorly installed electrical wiring or equipment, defective chimney, gas connection, or heating apparatus, or for any other reason, is liable to cause fire, and which is situated or occupied in a manner that endangers other property or human life.

(b) A structure containing combustible or explosive materials or inflammable substances liable to cause fire or danger to the safety of the building, premises or to human life.

(c) A structure that is in a filthy or unsanitary condition liable to cause the spread of contagious or infectious disease.

(d) A structure in such weak, dilapidated or deteriorated condition that it endangers a person or property because of the probability of partial or entire collapse.

(2) Person: Every natural person, firm, partnership association or corporation. [Ord. 670 § 1, 1989]

15.10.020 Nuisance declared.

Every building found by the council to be a dangerous building is declared to be a public nuisance and may be abated by the procedures specified in this chapter or by a suit for abatement brought by the city. [Ord. 670 § 2, 1989]

15.10.030 Initial action.

When a city official determines that there is a dangerous building, the official shall report it to the council. The council shall, within a reasonable time, fix a time and place for a public hearing. [Ord. 670 § 3, 1989]

15.10.040 Mailed notice.

(1) The city clerk shall notify the person in possession, if any, and the owner of the building, and other persons having a claim or lien against the property of record, and the owner of the property on which the building is situated by notice sent certified mail to such persons or entities at their last known addresses, respectively. Such notice shall be given to any persons or entities claiming right, title or interest in the property by virtue of a mortgage, lien, or forfeiture type notice recorded in the official records of Harney County, Oregon. The notice shall state:

(a) That a hearing will be held concerning the nuisance character of the property; and

(b) The time and place of the hearing.

(2) A copy of this notice shall be posted on the property. [Ord. 670 § 4, 1989]

15.10.050 Published and posted notices.

Ten days’ notice of the hearing shall be published in a newspaper of general circulation in the city or by posting notices in three public places in the city. [Ord. 670 § 5, 1989]

15.10.060 Hearing.

(1) At the hearing, the owner or other persons interested in the dangerous building shall have a right to be heard.

(2) The council may inspect the building and may consider the facts observed by it in determining if the building is dangerous.

(3) If the council determines that the building is dangerous, the council may by resolution:

(a) Order the building to be abated; or

(b) Order the building to be made safe and prescribe what must be done to make it safe. [Ord. 670 § 6, 1989]

15.10.070 Council orders – Notice.

Five days’ notice of the council’s findings and any orders made by the council shall be given to the owner of the building, the owner’s agent or other person controlling it. If the orders are not obeyed and the building not made safe within the time specified by the order (not less than five days), the council may order the building demolished or made safe at the expense of the property on which it is situated. [Ord. 670 § 7, 1989]

15.10.080 Abatement by the city.

(1) If the council orders are not complied with, the council may:

(a) Specify the work to be done;

(b) File a statement with the clerk; and

(c) Advertise for bids for doing the work in the manner provided for advertising for bids for street improvement work.

(2) Bids shall be received, opened and the contract let. [Ord. 670 § 8, 1989]

15.10.090 Assessment.

(1) The council shall determine the probable cost of the work and assess the cost against the property upon which the building is situated. The assessment shall be declared by resolution, and it shall be entered in the docket of city liens and become a lien against the property.

(2) The creation of the lien and the collection and enforcement of the cost shall be performed in substantially the same manner as assessments for street improvements. [Ord. 670 § 9, 1989]

15.10.100 Summary abatement.

The procedures of this chapter need not be followed if a building is unmistakably dangerous and imminently endangers human life or property. In this instance, the chief of the fire department, the fire marshal or the chief of police may summarily demolish the building. [Ord. 670 § 10, 1989]

15.10.110 Errors in procedure.

Failure to conform to the requirements of this chapter that does not substantially affect a legal right of a person does not invalidate a proceeding under this chapter. [Ord. 670 § 11, 1989]

15.10.120 Penalty.

A person who owns or is in possession or in charge of a dangerous building, and who allows the building to remain dangerous for as long as 10 days after receipt of the notice specified in section BMC 15.10.070, may be fined not more than $200.00. Each day following the tenth day after receipt of notice that a violation continues shall be considered a separate offense. [Ord. 670 § 13, 1989]