Chapter 135 Property Maintenance Regulations

The purpose of this chapter is to protect the health, safety and welfare of city residents, to prevent deterioration of existing housing, and to contribute to vital neighborhoods by:

(A) Establishing and enforcing minimum standards for residential structures regarding basic equipment, facilities, sanitation, fire safety, and maintenance.

(B) Establishing and enforcing minimum standards of maintenance for outdoor areas and adjacent rights of way.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.003 SCOPE.

The provisions of this chapter shall apply to all property in the city except as otherwise excluded by law.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.004 APPLICATION OF BUILDING CODES AND ORDINANCES.

Any alterations to buildings, or changes of their use, which may be a result of the enforcement of this chapter shall be done in accordance with applicable state building codes and the city codes and ordinances. No provision of this chapter shall be construed to conflict with or impose construction standards in addition to those provided in the state or local building code, except as permitted by law.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.005 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms, words, phrases and their derivatives used, but not specifically defined in this chapter, either shall have the meanings defined in the city building codes, or if not defined, shall have their commonly accepted meanings.

ABATEMENT. The act of removing, repairing, securing, vacating, or taking other steps as may be necessary in order to remove a nuisance.

ACCESSORY STRUCTURE. A nondwelling structure incidental and subordinate to the main use of the property and which is on the same lot with the main use. Examples of accessory structures include but are not limited to: garages, carports, cabanas, storage sheds, tool sheds, play houses, garden structures, other nondwelling buildings and exterior structures on the property.

ADJACENT RIGHT-OF-WAY. The sidewalks and planting strips that border a specific property as well as the near half of the streets, alleys, or other public rights-of-way that border a specific property.

APPROVED. Meets the standards set forth by applicable Hermiston City Code including any applicable regulations for electric, plumbing, building, or other sets of standards included by reference in this chapter.

BOARDED. Secured against entry by apparatus which is visible off the premises and is not both otherwise lawful and customary to install on occupied structures.

BUILDING REGULATIONS. City building codes, this chapter and any other safety or health statute, ordinance, regulation, rule, standard, or order.

COURT. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

DANGEROUS BUILDING OR STRUCTURE. Any building or structure which has any of the conditions or defects described in § 135.052.

DEMOLITION WARRANT. An order from a court of competent jurisdiction authorizing the demolition of a dangerous structure pursuant to this chapter and Chapter 139, including disposal of all debris in an approved manner, and returning the lot to a clean and level condition.

DISABLED VEHICLE. Any vehicle which is or appears to be inoperative, wrecked or dismantled, or partially dismantled.

DWELLING. Any structure containing dwelling units, including manufactured homes, and floating homes.

DWELLING UNIT. One of more habitable rooms that are occupied by, or designed or intended to be occupied by, one person or by a family or group of housemates living together as a single housekeeping unit that includes facilities for living and sleeping and also includes facilities for cooking, eating, and sanitation.

EXIT (MEANS OF EGRESS). A continuous, unobstructed means of escape to a public way, including intervening doors, doorways, exit balconies, ramps, stairways, smoke-proof enclosures, horizontal exits, passageways, exterior courts and yards.

FLOATING HOME. A floating structure used primarily as a dwelling unit. Application of this chapter shall be modified for floating homes, when appropriate, by nautical application.

FLOOR AREA. The area of clear floor space in a room exclusive of fixed or built-in cabinets or appliances.

HABITABLE ROOM (SPACE). Habitable room or space is a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

HOTEL AND MOTEL. Any residential structure containing six or more dwelling units that are intended, designed, or used for renting or hiring out for sleeping purposes and:

(1) Occupancy is charged on a daily basis and is not collected more than six days in advance;

(2) Cleaning and linen service is offered daily or every two days as part of the regularly charged cost of occupancy;

(3) The period of occupancy does not exceed 30 days; and

(4) If the occupancy exceeds five days, the resident has a business address or a residence other than at the hotel or motel.

IMMEDIATE DANGER. Any condition posing a direct immediate threat to human life, health, or safety.

INFESTATION. The presence within or around a dwelling of insects, rodents, vermin or other pests to a degree that is harmful to the dwelling, its occupants or adjacent residents or dwellings.

LAVATORY. A fixed wash basin connected to hot and cold running water and the building drain and used primarily for personal hygiene.

MANUFACTURED DWELLING. Includes the following types of dwellings:

(1) RESIDENTIAL TRAILER. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed before January 1, 1962.

(2) MOBILE HOME. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

(3) MANUFACTURED HOME. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations.

(4) Manufactured dwelling does not include any unit identified as a recreational vehicle by the manufacturer or state law.

NEGLECTED BUILDING. Any structure which has any of the conditions or defects described in § 135.051.

NUISANCE ABATEMENT ORDER OR WARRANT. An order, or warrant issued by a court, directing the removal and abatement of any violation or nuisance arising under this chapter, including disposal of debris and the nuisance items in an appropriate manner.

OCCUPANCY. The use or offering of a structure for use by an occupant.

OCCUPANT. Any person (including an owner or operator) using a building, or any part of a building. Unless the context indicates otherwise, it includes a resident.

OCCUPIED. Used for an occupancy.

OPERATOR. Any person who has charge, care or control of a building or part of a building in which dwelling units are let or offered for occupancy.

PLUMBING or PLUMBING FIXTURES. Plumbing or plumbing fixtures mean any water heating facilities, water pipes, vent pipes, garbage or disposal units, waste lavatories, bathtubs, shower baths, installed clothes-washing machines or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with all connection to water, gas, sewer, or vent lines.

PROPERTY. Any real property and all improvements, buildings or structures on real property, from property line to property line.

REPAIR. The reconstruction or renewal of any part of an existing structure for the purpose of its maintenance.

RESIDENT. Any person (including owner or operator) hiring or occupying a room or dwelling unit for living or sleeping purposes.

RESIDENTIAL RENTAL PROPERTY. Any property within the city on which exist one or more dwelling units which are not occupied as the principal residence of the owner.

RESIDENTIAL STRUCTURE. Any building or other improvement or structure containing one or more dwelling units, as well as any accessory structure. This includes any dwelling as defined in this chapter. Hotels and motels that are used exclusively as defined in this chapter, are excluded from this definition of residential structure.

SINK. A fixed basin connected to hot and cold running water and a drainage system and primarily used for the preparation of food and the washing of cooking and eating utensils.

SLEEPING ROOM. Any room designed, built, or intended to be used as a bedroom, as well as any other room used for sleeping purposes.

STAGNANT WATER. Any impoundment of water in which there is no appreciable flow of water through the impoundment and the level of water does not vary during any 48-hour period.

STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner.

SUBSTANDARD. In violation of any of the minimum requirements as set out in this chapter.

SUPPLIED. Installed, furnished or provided by the owner or operator.

TOILET. A flushable plumbing fixture connected to running water and a drainage system and used for the disposal of human waste.

TOILET COMPARTMENT. A room containing only a toilet or only a toilet and lavatory.

UNOCCUPIED. Not currently in use for occupancy.

UNSECURED. Any structure in which doors, windows, or apertures are open or broken so as to allow access by unauthorized persons.

VEHICLE. Any device in, on, upon, or by which any person or property is or may be transported or drawn upon a public highway, except a device moved by human power or used exclusively upon stationary rails or tracks, including but not limited to a body, an engine, a transmission, a frame, or other major part.

WARRANT. An administrative warrant, inspection warrant or other warrant or court order provided for in Chapter 139, including a search warrant.

YARD. An open, unoccupied space, other than a court, unobstructed from the ground to the sky, and located between a structure and the property line of the lot on which the structure is situated.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.020 [RESERVED].

135.021 [RESERVED].

135.022 [RESERVED].

HOUSING MAINTENANCE REQUIREMENTS

135.030 APPLICABILITY, COMPLIANCE.

No owner shall maintain or permit to be maintained any residential structures governed by this chapter which do not comply with the requirements of the code. All such residential structures shall be maintained to the building code requirements in effect at the time of construction, alteration, or repair, or any state law requirement imposed on existing construction.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.031 DISPLAY OF ADDRESS NUMBER.

All residential structures shall have address numbers posted in a conspicuous place so they may be read from the listed street or public way. Address numbers posted shall be the same as the number listed on the county assessment and taxation records for the property. Dwelling units within apartment and condominium units shall be clearly numbered, or lettered, in a logical and consistent manner.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.032 INSECT AND RODENT HARBORAGE.

Every residential structure shall be kept free from insect and rodent infestation, and where insects and rodents are found, they shall be promptly exterminated. After extermination, proper precautions shall be taken to prevent re-infestation.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21. Formerly 135.033)

135.033 CLEANLINESS AND SANITATION.

(A) All exterior property areas shall be maintained in a clean and sanitary condition free from any excessive accumulation of rubbish or garbage.

(B) All residential structures shall have solid-waste service and receptacles as provided in Chapter 50.17.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21. Formerly 135.034)

135.034 PLUMBING FACILITIES.

(A) Every residential structure plumbing fixture or device shall be properly connected to a public or an approved private water system and to a public or an approved private sewer system in accordance with Chapters 51 and 52 and the building code.

(B) All required sinks, lavatory basins, bathtubs and showers shall be supplied with both hot and cold running water. Every dwelling unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained, and properly connected with hot water lines to all required sinks, lavatory basins, bathtubs and showers. Water heating facilities shall be capable of heating water enough to permit an adequate amount of water to be drawn at every required facility at a temperature of at least 120 °F at any time needed.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21. Formerly 135.035)

135.035 EXTERIOR WALLS AND EXPOSED SURFACES.

(A) Every residential structure exterior wall and weather-exposed surfaces or attachments shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or the occupied spaces of the building.

(B) All residential structure exterior wood surfaces shall be made substantially impervious to the adverse effects of weather by periodic application of an approved protective coating of weather-resistant preservative and be maintained in good condition. Wood used in construction of permanent structures and located nearer than six inches to earth shall be treated wood or wood having a natural resistance to decay.

(D) Every section of a residential structure exterior brick, stone, masonry, or other veneer shall be maintained structurally sound and be adequately supported and tied back to its supporting structure.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21. Formerly 135.036)

135.036 OVERCROWDING.

No dwelling unit shall be permitted to be overcrowded. A dwelling unit shall be considered overcrowded if there are more residents than one plus one additional resident for every 100 square feet of floor area of the habitable rooms in the dwelling unit.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21. Formerly 135.037)

135.037 HAZARDOUS MATERIALS.

(A) When paint is applied to any surface of a residential structure, it shall be lead free.

(B) Residential structures and property shall be free of dangerous levels of hazardous materials, contamination by toxic chemicals, or other circumstances that would render the property unsafe. Where a governmental agency authorized by law to make the determination has verified that a property is unfit for use due to hazardous conditions on the property, the property shall be in violation of this chapter. Any such property shall remain in violation of this chapter until such time as the agency has approved the abatement of the hazardous conditions. The city may order abatement, including that the property be vacated.

(C) No residential structure or property shall be used as a place for the storage and handling of highly combustible or explosive materials or any articles which may be dangerous or detrimental to life or health. No residential structure or property shall be used for the storage or sale of paints, varnishes or oils used in the making of paints and varnishes, except as needed to maintain the dwelling.

(D) Residential structures shall be kept free of friable asbestos.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21. Formerly 135.038)

135.038 MAINTENANCE OF FACILITIES AND EQUIPMENT.

In addition to any other requirements for the maintenance of residential facilities and equipment under this code or building codes:

(A) All required facilities in every dwelling shall be constructed and maintained to properly and safely perform their intended function.

(B) All nonrequired facilities or equipment present in a dwelling shall be maintained to prevent structural damage to the building or hazards of health, sanitation, or fire.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21. Formerly 135.039)

135.039 SWIMMING POOLS, SPAS, HOT TUBS, PONDS AND ENCLOSURES.

(A) All outdoor swimming pools, spas or hot tubs or outside body of water designed or used for swimming, diving, or recreational bathing, regardless of residential or commercial use, having a depth of more than 24 inches (610 mm), shall comply with Appendix G of the 2017 Oregon Residential Specialty Code, or successor specialty code, including, but not limited to enclosures governing swimming pools, hot tubs and spas. No swimming pool, spa, or hot tub shall be nearer than three feet from any lot line, and no enclosing fence or wall shall be constructed nearer than three feet to the outer walls of the swimming pool.

(B) A fishpond or decorative pool, having a depth of 18 inches or more, shall be constructed and maintained in an acceptable enclosure and securely close off or block any and all entrances thereto, and shall not be nearer than three feet from any lot line. An acceptable enclosure shall be one of the following:

(1) A fence completely surrounding the fishpond or decorative pool; or

(2) A wire across or cover of sufficient strength to hold a weight of at least 75 pounds and installed not more than six inches below the surface of the water at all times.

(C) Pools, spas, hot tubs, ponds and enclosures shall comply with the city building code, zoning code and any other applicable code provision.

(D) A pool, spa, hot tub or pond not in compliance with this section is an attractive nuisance as defined in Chapter 92.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21. Formerly 135.040)

DANGEROUS AND NEGLECTED STRUCTURES

135.050 REPAIR OR DEMOLITION REQUIRED.

No residential property shall contain any dangerous structure or neglected building as described in this chapter. All such structures shall be repaired or demolished.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.051 NEGLECTED BUILDINGS.

(A) A neglected building shall be considered to exist whenever any residential structure, or portion thereof which is unoccupied, or in the case of a hotel or apartment building in which least 50% of the dwelling units are not suitable for occupancy under this code or the building code, and meets any of the following criteria:

(1) Has been ordered vacated or demolished;

(2) Has been issued a nuisance notice;

(3) Is unsecured;

(4) Has been found to be in violation of any provision of this code or the building code related to protection of property, public health or safety more than once in any two-year period; or

(5) Has, while vacant, had a nuisance related to the building abated by the city.

(B) Any property which has been declared a neglected building shall be considered in violation of this chapter until:

(1) The building has been lawfully occupied in compliance with this code and the building code;

(2) The building has been demolished and the lot cleared and graded under building permit, with final inspection and approval by the city; or

(3) The owner has demonstrated to the satisfaction of the city that the property is free of all conditions and in compliance with all notices listed in the definition of a neglected building in this section.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.052 DANGEROUS STRUCTURES.

Any residential structure which has any or all of the following conditions or defects to the extent that life, health, property, or safety of the public or the structure’s occupants are endangered, shall be deemed to be a dangerous structure.

(A) High loads. Whenever the stress in any materials, member, or portion of a structure, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Oregon Structural Specialty Code and Fire and Life Safety Code for new buildings of similar structure, purpose, or location.

(B) Weakened or unstable structural members or appendages.

(1) Whenever any portion of a structure has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability is materially less than it was before such catastrophe and is less than the minimum requirements of the Oregon State Structural Specialty Code and Fire and Life Safety Code for new buildings of similar structure, purpose, or location.

(2) Whenever appendages including parapet walls, cornices, spires, towers, tanks, statuaries, or other appendages or structural members which are supported by, attached to, or part of a building, and which are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in the Oregon State Structural Specialty and Fire and Life Safety Code.

(C) Buckled or leaning walls, structural members. Whenever the exterior walls or other vertical structural members 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.

(D) Vulnerability to earthquakes, high winds.

(1) Whenever any portion of a structure is wrecked, warped, buckled, or has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction; or

(2) Whenever any portion of a building, or any member, appurtenance, or ornamentation of 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 a wind pressure of one-half of that specified in the Oregon Structural Specialty Code and Fire and Life Safety Code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the Oregon State Structural Specialty Code and Fire and Life Safety Code for such buildings.

(E) Insufficient strength or fire resistance. Whenever any structure which, whether or not erected in accordance with all applicable laws and ordinances:

(1) Has in any nonsupporting part, member, or portion, less than 50% of the strength or the fire-resisting qualities or characteristics required by law for a newly constructed building of like area, height, and occupancy in the same location; or

(2) Has in any supporting part, member, or portion less than 66% of the strength or the fire-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location.

(3) This section does not apply to strength required to resist seismic loads.

(F) Risk of failure or collapse.

(1) Whenever any portion or member of appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; or

(2) Whenever the structure, or any portion thereof, is likely to partially or completely collapse as a result of any cause, including but not limited to:

(a) Dilapidation, deterioration, or decay;

(b) Faulty construction;

(c) The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such structure; or

(d) The deterioration, decay, or inadequacy of its foundation.

(G) Excessive damage or deterioration. Whenever the structure exclusive of the foundation:

(1) Shows 33% or more damage or deterioration of its supporting member or members;

(2) 50% damage or deterioration of its non-supporting members; or

(3) 50% damage or deterioration of its enclosing or outside wall coverings.

(H) Demolition remnants on site. Whenever any portion of a structure, including unfilled excavations, remains on a site for more than 30 days after the demolition or destruction of the structure.

(I) Lack of approved foundation. Whenever any portion of a structure, including unfilled excavations, remains on a site, including:

(1) Where a structure is not placed on an approved foundation and no valid permit exists for a foundation for that structure; or

(2) For more than 90 days after issuance of a permit for a foundation for a structure, where the structure is not placed on an approved foundation.

(J) Fire hazard. Whenever any structure is a fire hazard as a result of any cause, including but not limited to: dilapidated condition, deterioration, or damage; inadequate exits; lack of sufficient fire-resistive construction; or faulty electric wiring, gas connections, or heating apparatus.

(K) Other hazards to health, safety, or public welfare.

(1) Whenever, for any reason, the structure, or any portion thereof, is manifestly unsafe for the purpose for which it is lawfully constructed or currently is being used; or

(2) Whenever a structure is structurally unsafe or is otherwise hazardous to human life, including but not limited to whenever a structure constitutes a hazard to health, safety, or public welfare by reason of inadequate maintenance, dilapidation, unsanitary conditions, obsolescence, fire hazard, disaster, damage, or abandonment.

(L) Public nuisance.

(1) Whenever any structure is in such a condition as to constitute a public nuisance constituting a danger to property, public health or safety under this code or building code or known to the common law or in equity jurisprudence; or

(2) Whenever the structure has been so damaged by fire, wind, earthquake or flood or any other cause, or has become so dilapidated or deteriorated as to become:

(a) An attractive nuisance; or

(b) A harbor for vagrants or criminals.

(M) Chronic neglect. Whenever a neglected building, as defined in this chapter, remains unoccupied for a period in excess of six months or period less than six months when the building or portion thereof constitutes an attractive nuisance or hazard to the public.

(N) Violations of codes, laws. Whenever any structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such structure provided by the building regulations of this city, the Oregon State Structural Code and Fire and Life Safety Code or any law or ordinance of this state or city relating to the condition, location, or structure or buildings.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.053 ABATEMENT OF NEGLECTED OR DANGEROUS STRUCTURES.

All structures or portions thereof which are determined by the City Manager or designee, Code Hearings Officer, City Council or a court to be neglected or dangerous as defined in this chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, removal or other action as provided in this code, including the abatement provisions of Chapter 92.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

OTHER REQUIREMENTS

135.060 PERMITS REQUIRED.

No person shall construct, alter, repair, move, improve, or demolish any residential structure without first obtaining applicable building permits as required by this code and the Oregon State Specialty Codes as adopted by the state and the city.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.061 INSPECTIONS REQUIRED.

All residential buildings, structures, or other improvements under construction shall be subject to inspection by the Building Official or designee until an occupancy permit or final inspection permit is issued and shall meet all pertinent Oregon State Codes and this code. In addition, any residential structures or improvements are subject to inspection if: consent of the owner is obtained; lawful exigent circumstances exist for entering the property or pursuant to a warrant.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.062 OCCUPANCY OF RESIDENTIAL PROPERTY AFTER NOTICE OF VIOLATION.

(A) If a notice of violation or order to vacate or demolish has been issued, and if the affected structure or any portion thereof is or becomes vacant, it shall be:

(1) Unlawful to reenter the affected structure or any portion thereof between the hours of 10:00 p.m. and 7:00 a.m. for any use of, or presence in, the affected structure or portion thereof unless authorized, in writing, by the City Manager or designee.

(2) Unlawful to re-enter the affected structure or portion thereof between the hours of 7:00 a.m. and 10:00 p.m. for any purpose other than work associated with the correction of violations noted in the notice of violation.

(3) Except as provided in subsection (A)(2) of this section, it is unlawful to occupy the affected structure or portion thereof without prior written approval from the City Manager or designee.

(B) The City Manager or designee may authorize reentry or occupancy if they determine that:

(1) Reentry is reasonably necessary to secure the property, retrieve or secure personal property, maintain the property to avoid further deterioration or to avoid unreasonable hardship;

(2) Occupancy is temporary, the property has approved sanitation and similar essential services, no condition imposing a substantial risk of harm to the occupant or other persons or property exists, and such occupancy is necessary to avoid unreasonable hardship.

The City Manager or designee may impose such conditions on reentry or occupancy as deemed reasonably necessary and appropriate.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.063 ILLEGAL RESIDENTIAL OCCUPANCY.

When a property has an illegal residential occupancy, including, but not limited to: occupancy of tents, campers, motor homes, recreational vehicles, or other structures or spaces not intended for permanent residential use, or occupancy of spaces constructed or converted without permit, the use constitutes a nuisance and shall be abated or the structure brought into compliance with the present regulations for a building of the same occupancy.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.064 INTERFERENCE WITH REPAIR, DEMOLITION, OR ABATEMENT PROHIBITED.

It is unlawful for any person to obstruct, impede, or interfere with any person lawfully engaged in:

(A) The work of repairing, vacating, warehousing, or demolishing any residential structure;

(B) The abatement of a nuisance pursuant to the provisions of this chapter; or

(C) The performance of any necessary act preliminary to or incidental to such work as authorized by this chapter or directed pursuant to it.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

ADMINISTRATION AND ENFORCEMENT

135.070 ADMINISTRATION AUTHORITY AND RESPONSIBILITY.

The City Manager or designee is hereby authorized to administer and enforce the provisions of this chapter. The authority of the City Manager or designee is independent of and in addition to the authority of the city to enforce the provisions of any other chapter of the code or state law.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.071 AUTHORIZATION TO INSPECT.

(A) The City Manager or designee is authorized to make inspections of property for the purposes of enforcing this chapter. Wherever practicable, inspections made by the personnel of the City Building Department or the appropriate fire or emergency services agency will be coordinated to avoid the issuance of multiple or conflicting orders.

(B) Absent consent or other exception provided by law, the city prior to entry of a property shall first obtain a warrant as provided in Chapter 139.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.072 ENFORCING COMPLIANCE.

To enforce any of the requirements of this chapter, the City Manager or designee may gain compliance by:

(A) Causing a citation to be issued as provided in Chapter 138;

(B) Instituting an action for a civil penalty before the Code Hearings Officer as provided in Chapter 136;

(D) Declaring that a public nuisance exists or referring the matter to the Code Hearings Officer, to the City Council or to court to consider such declaration;

(E) Taking other action as the City Manager or designee, in their discretion, deems appropriate.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.073 SECURING PROPERTY.

If any residential structure is unoccupied and open or unsecured, in violation of the code, or so as to constitute a nuisance:

(A) The City Manager or designee shall notify the owner by personal service or both certified and first class mail, return receipt requested, of the property’s condition and order the owner, or other persons having charge or control of the property, to immediately secure the premises against the entry of unauthorized persons. If the property is not secured within 15 days from the date notice is sent, the City Manager or designee may seek a warrant or order authorizing the city to secure the property.

(B) If the City Manager or designee has reasonable grounds to conclude that a condition presents an immediate danger, the City Manager or designee may immediately secure the premises against the entry of unauthorized persons. However, such summary abatement shall be limited to only those actions necessary to eliminate the threat of immediate danger. Following the summary abatement, the City Manager shall notify the owner, or other persons having charge or control of the property, of the condition of the property and request entry. If entry is refused, the City Manager may attempt to obtain entry by obtaining an inspection or abatement warrant.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.074 NUISANCE ABATEMENT.

Except as provided in this chapter, abatement of a nuisance arising under this chapter may be ordered and shall proceed as provided in Chapter 92.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.075 WARRANTS.

(A) Pursuant to Chapter 139 or any other provision of law, the City Manager or designee may seek an administrative, inspection, demolition, or search warrant as necessary to enforce the terms of this chapter and such warrants or orders as are necessary to abate a nuisance arising under this chapter.

(B) Unless provided otherwise in the order for City abatement, including for demolition, the City Manager or designee may cause the nuisance items or debris to be removed pursuant to the order and disposed of in an approved manner, in the City Manager’s or designee’s sole discretion, finds that the fair and reasonable value of the items or debris would be less than the cost of storing and selling the items. In making the above determination, the City Manager or designee may include in the costs of sale the reasonable cost of removing items or debris to a place of storage, of storing the items of resale, of holding the resale including reasonable allowances for costs of staff, and any other reasonable and necessary expenses of holding a sale.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.076 VACATING OR DEMOLISHING STRUCTURES.

(A) Any structure declared to be a nuisance due to any violations of this code to such an extent as to be a substantial hazard to occupants or the public or is declared a dangerous structure may be ordered vacated, secured, and maintained against entry or ordered demolished.

(B) Notice of the order shall be provided in the same manner as an order for abatement and shall be posted in a prominent location on the property.

(C) Except as provided in § 135.078, an order shall provide a minimum of 30 days to vacate and 60 days to demolish a structure. The order may impose interim requirements to mitigate health or safety risks to the extent practicable. If the order is not complied with, the city may obtain a court order or warrant authorizing the city to enter the property to carry out vacation, demolish the structure or otherwise enforce the order.

(D) Except as provided in the order, or as authorized by the City Manager or designee, it is a nuisance and unlawful for any person knowingly to enter or remain in any structure that has been ordered vacated.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.077 SUMMARY VACATION OR DEMOLITION.

If the City Manager or designee concludes that the condition of a property is such that permitting occupancy or permitting the structure to remain during the periods set forth in § 135.076(C) imposes an immediate danger to the occupants, the public or nearby property, the City Manager or designee may seek a court order directing that the property or structure be immediately vacated or demolished as provided in such order, or other steps taken, including abatement by the city.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.078 RELOCATION EXPENSES.

An order to demolish or vacate a structure may include a requirement that the owner pay reasonable relocation costs. In making such a determination, consideration shall be given to whether the condition giving rise to the order was caused by the occupants and not within the reasonable ability of the owner to prevent or mitigate. If relocation costs are ordered and not paid by the owner, the city may elect to pay such costs and include them as a cost of abatement to be charged against the owner and property.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.079 EXCEPTIONS.

(A) The City Manager or designee may grant an exception when the enforcement of the requirements of this chapter would cause undue hardship to the owner or occupants of the affected property, or whenever the City Manager or designee deems it necessary in order to accomplish the purpose of this chapter.

(B) To carry out the intent of this section, the City Manager or designee shall establish written policies in the form of waivers to explain the exceptions that are available to property owners. The waivers shall include the following information:

(1) An explanation of the purpose of the waiver;

(2) A list of the requirements the owner must meet in order to qualify for the waiver;

(3) An explanation of the period of time during which the waiver will be in effect;

(4) A list of the actions the owner must perform to fulfill their responsibilities to maintain the waiver and to prevent the waiver from being canceled.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

VIOLATIONS COSTS AND PENALTIES

135.080 VIOLATIONS.

In addition to constituting a nuisance, violation of this chapter is unlawful.

(A) Failure to comply with §§ 135.030 to 135.034, § 135.035, § 135.036, and § 135.039, or § 135.062 constitutes a Class C violation.

(B) Failure to comply with any other provision of this chapter is a Class B violation.

(C) Failure to comply with a final order to abate, vacate or demolish, or to substantially comply with any other final order under this chapter is a Class B violation.

(D) Each day of failure to comply constitutes a separate violation.

(Ord. 2331, passed 11-8-21)

135.090 ENFORCEMENT FEE.

In addition to any other remedy provided by this code, to defray the costs of enforcement of, and to encourage compliance with this chapter, the City Manager or designee shall impose an enforcement fee, established by resolution, on those properties which are found to be in violation of this chapter.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.091 ENFORCEMENT FEES FOR HOUSING AND DANGEROUS AND NEGLECTED BUILDINGS.

(A) The city shall charge a monthly enforcement fee for each property found in violation of this chapter that meets the following conditions:

(1) The property is a subject of a final determination of a violation of this chapter;

(2) A response period of 30 days has passed since the effective date of the initial notice of violation; and

(3) The property remains out of compliance with the initial notice of violation or any subsequent notice of violation. This includes but is not limited to continued occupancy in violation of an order to vacate.

(B) The amount of the monthly enforcement fee shall be charged according to the property maintenance regulations fee schedule as approved by resolution of the City Council. If all violations are not corrected within six months from the date of the initial notice of violation, subsequent enforcement fees shall be twice the amount stated in the property maintenance regulations fee schedule as approved by the City Council.

(C) Whenever the owner believes that all violations have been corrected, the owner shall so notify the City Manager or designee. Upon receipt of such notice, the City Manager or designee shall promptly schedule an inspection of the property and shall notify the owner if any violations remain uncorrected.

(D) Once monthly enforcement fees begin, they shall continue until all violations have been corrected, inspected and approved.

(E) When a property meets the conditions for charging an enforcement fee as described in this section, the City Manager or designee shall file a statement with the City Finance Director that identifies the property, the amount of the monthly fee, and the date from which the charges are to begin. The Finance Director shall then:

(1) Notify the property owner of the assessment of the enforcement fees;

(2) Record a property lien in the docket of city liens;

(3) Bill the property owner monthly for the full amount of enforcement fees owing, plus additional charges to cover administrative costs of the City Auditor; and

(4) Maintain lien records until:

(a) The lien and all associated interest, penalties, and costs are paid in full; and

(b) The City Manager or designee certifies that all violations listed in the original or any subsequent notice of violation have been corrected.

(F) A notice of imposition of an enforcement fee, or notice issued pursuant to subsection (C) of this section may be appealed to the Code Hearings Officer as provided in Chapter 136.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)

135.092 [RESERVED].

135.093 [RESERVED].

APPEALS

135.100 APPEAL.

A person receiving a notice or order from the city under this chapter may appeal to the Code Hearings Officer as provided in Chapter 136.

(Ord. 2081, passed 4-12-04; Am. Ord. 2331, passed 11-8-21)