Chapter 15.15
DANGEROUS BUILDINGS
Sections:
15.15.010 Dangerous buildings.
15.15.020 Dangerous conditions or defects.
15.15.040 Notice to vacate dangerous buildings.
15.15.060 Extension of time to perform work.
15.15.070 Initiation of abatement proceedings.
15.15.090 Nuisance determination.
15.15.110 Costs of abatement performed by the city.
15.15.010 Dangerous buildings.
This chapter shall be known as the dangerous building provisions of the international and specialty code of the city of Coos Bay.
Buildings or portions thereof which are determined to be dangerous as defined by this code are hereby declared to be public nuisances, and shall be abated by repair, rehabilitation, demolition or removal. [Ord. 405 § 90, 2008].
15.15.020 Dangerous conditions or defects.
A building or structure which has any or all of the following defects or conditions is deemed a dangerous building, to the extent such conditions or defects endanger the life, health, property or safety of its occupants or the public:
(1) Whenever any door, aisle, passageway, stairway or other means of exit is of insufficient size or width or is not arranged so as to provide safe and adequate means of exit in case of fire or panic.
(2) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise rendered unsafe as not to provide safe and adequate means of exit in case of fire or panic.
(3) Whenever stress from any load on any material, member or portion thereof is more than one and one-half times the working stress or stresses allowed under the building code for new buildings of similar structure, purpose or location.
(4) Whenever any building or portion thereof has been damaged by fire, earthquake, wind, flood or any other cause, such that the structural strength or stability thereof is materially less than it was before such cause and is less than the minimum requirements under the building code for new buildings of similar structure, purpose or location.
(5) Whenever any portion or member of a structure, or appurtenance thereof, is likely to fail, become detached or dislodged, or collapse and thereby injure persons or damage property.
(6) Whenever any portion of a building, or any member, appurtenance or ornamentation on 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 wind pressure of one-half that specified under the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted under the building code for such buildings.
(7) Whenever any portion of a building has cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to wind or earthquake than is required for similar new construction.
(8) Whenever partial or total collapse of a building or structure, or any portion thereof, is likely because of dilapidation, deterioration, decay, faulty construction, or the removal, movement or instability of any portion of the ground necessary for support of such building, or deterioration, decay or inadequacy of the foundation, or any other cause.
(9) Whenever, for any reason, a building or structure, or any portion thereof, is manifestly unsafe for the purpose to which it is being used.
(10) Whenever the exterior walls or other vertical structural members of a building 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.
(11) Whenever a building or structure, exclusive of the foundation, shows damage or deterioration to 33 percent of its supporting members, or damage or deterioration to 50 percent of its nonsupporting members, enclosing or outside walls or coverings.
(12) Whenever a building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children, a harbor for vagrants or criminals, or a place for the commission of unlawful or immoral acts.
(13) Whenever any building or structure has been constructed, maintained, or exists in violation of any specific requirement or prohibition applicable to the building or structure under the building regulations of the city, or any law or ordinance of this state or the city relating to condition, location or structure of buildings.
(14) Whenever any building or structure, whether or not erected in compliance with all applicable laws and ordinances, has, in any nonsupporting part, member or portion, less than 50 percent, or in any supporting part, member or portion less than 66 percent, of the strength, fire-resistant qualities or characteristics, or weather-resistant qualities or characteristics required by law in the case of newly constructed buildings of like area, height and occupancy in the same location.
(15) Whenever any building or structure, used or intended to be used for dwelling purposes, is determined by the building official to be unsanitary, unfit for human habitation or likely to cause sickness or disease because of inadequate maintenance, dilapidation, decay, damage, faulty construction, insufficient light or air or inadequate sanitation facilities, or other cause.
(16) Whenever any building or structure is determined by the fire chief or building official to be a fire hazard because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistant construction, faulty electric wiring, gas connections or heating apparatus, or other cause.
(17) Whenever any portion of a building or structure remains on site after demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months and constitutes an attractive nuisance or hazard to the public.
(18) A structure which is liable to cause fire because of lack of proper repairs, age and dilapidated condition, substandard electrical wiring or equipment, defective chimney, gas connection, or heating apparatus, or any other reason and is situated in such a manner that endangers other property or human life.
(19) A structure containing combustible or explosive materials or inflammable substances which are liable to cause fire or endanger the safety of the building, premises or human life.
(20) A structure in such a filthy or unsanitary condition that there is the probability of the spread of contagious or infectious diseases.
(21) A structure in such weak, dilapidated or deteriorated condition that the probability of partial or total collapse endangers persons or property. [Ord. 405 § 91, 2008].
15.15.030 Structural survey.
For the purpose of this code, any building or structure may be deemed to be a dangerous building based on a structural and condition survey.
A structural survey may be ordered by the building official at the expense of the building owner. The surveyor will be mutually acceptable to the department of public works and development director and the building owner. [Ord. 405 § 92, 2008].
15.15.040 Notice to vacate dangerous buildings.
(1) If the building official determines a building or structure is in such condition as to make it dangerous to the life, limb, property or safety of its occupants or the public, the building official shall issue a notice to vacate, order the building or structure vacated and secured, and commence abatement proceedings under CBMC 15.15.070.
(2) The building official shall issue a notice of dangerous 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.
(b) If the building official has determined the building or structure must be vacated, the order shall require such vacation within a time certain as determined by the building official to be reasonable.
(3) The notice and order shall also contain a statement advising that any person holding record title or having legal interest in the building shall comply with the notice and order, and that proceedings have been commenced to abate the building as a public nuisance.
(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 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 order; or
(b) The building be demolished at the option of the owner; and
(c) If the building is in such a condition that it is immediately dangerous to life, limb, property or safety of the public, the building shall be ordered vacated.
(6) Posting of Notice to Vacate. Every notice to vacate shall be posted at or upon each exit of the building and shall be in substantially the following form:
DANGER
DO NOT ENTER
THIS BUILDING DEEMED UNSAFE FOR HUMAN OCCUPANCY
It is unlawful for any person to occupy or reside in this building or to remove or deface this notice.
(8) Whenever such notice is posted, the building official shall also provide written notice to the owner and occupant of the building or structure, reciting the emergency and specifying the conditions which necessitate the posting.
(9) 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.
(10) No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal has been completed, a final inspection performed, and the building approved for occupancy. [Ord. 405 § 93, 2008].
15.15.050 Compliance.
After any notice to vacate issued under CBMC 15.15.040 has been issued, any 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. [Ord. 405 § 94, 2008].
15.15.060 Extension of time to perform work.
At any time within 15 days after the notice and order to vacate is issued, and upon receipt of an application by the owner of record 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 § 95, 2008].
15.15.070 Initiation of abatement proceedings.
When the building official has issued a notice and order to vacate in this code, and any extensions of time have lapsed, the building official shall provide a report to the city manager, which shall fix a time and place for a hearing to determine whether the building is a public nuisance and should be abated. [Ord. 405 § 96, 2008].
15.15.080 Notice.
The city recorder shall provide written notice to the owner of the building and, if different, the owner of the property on which the building is situated that a hearing on abatement will be held before the city hearing officer concerning the property. The notice shall specify the time and place for the hearing and the violations which will be the subject of the hearing.
A copy of this notice shall be posted on the property. Ten days prior to the hearing, notice of the hearing shall be published in a newspaper of general circulation in the city or shall be posted in three public places in the city. [Ord. 405 § 97, 2008].
15.15.090 Nuisance determination.
After hearing, and upon evidence presented, any building or structure or portion thereof determined by the city hearing officer to be a substandard or dangerous building shall be declared a public nuisance which shall be abated. [Ord. 405 § 98, 2008].
15.15.100 Order of abatement.
The city hearing officer shall issue an order of abatement or summary abatement, which shall be served on the owner within 15 days after the date of the hearing. The order shall specify a time certain within which the owner shall either make the building safe or have the building demolished and shall state that if the owner fails to act within the specified time, the city may, at the owner’s expense, make the building safe or have the building demolished. [Ord. 405 § 99, 2008].
15.15.110 Costs of abatement performed by the city.
(1) Assessment of Costs of Abatement. If the owner fails to comply with the order of abatement or summary abatement is ordered pursuant to CBMC 15.15.100, and the city makes the building or structure safe or has the building or structure demolished, the building official shall submit to the city manager a report containing an itemized statement of all costs incurred by the city in making the building or structure safe or demolishing the building or structure, including administrative costs. Upon receipt of the report, the city manager shall assess such costs of abatement against the property. The assessment shall be a lien against the property, and may be enforced and collected as provided in ORS 223.505 through 223.650.
(2) Notice of Assessment. A copy of the hearing officer order of abatement or summary abatement and the city manager’s assessment of the cost of abatement shall be mailed to the property owner by registered or certified mail, return receipt requested.
(3) Lien Docket – Interest. The city recorder shall enter into the city lien docket a statement of the amount assessed against the property; the name of the property owner; the date of the hearing officer’s order of abatement or summary abatement; and a statement that the lien is for the costs of abatement of a dangerous building or structure. The assessment shall become a lien upon the real property at the time of entry upon the lien docket. The lien shall bear interest at the statutory rate commencing on the date the lien is entered in the city lien docket. [Ord. 405 § 100, 2008].
15.15.120 Summary abatement.
Notwithstanding any other provision in the code, when a public safety officer finds a building or structure is unmistakably dangerous and imminently endangers human life or property, the public safety officer may summarily declare the building or structure a nuisance and commence abatement. In event summary abatement occurs, the property owner shall be afforded a post-abatement hearing before the city hearing officer at the earliest opportunity to determine whether summary abatement was proper. Notice of the post-abatement hearing shall be provided according to this code. After hearing upon summary abatement, the city hearing officer shall issue a written order to determine whether abatement was proper or not, and, if proper, assess the costs of abatement as provided by city code. As used in this section, “public safety officer” means the fire chief, the fire marshal, the building official or the police chief. [Ord. 405 § 101, 2008].