Chapter 8.10
PROPERTY MAINTENANCE1
Sections:
8.10.060 Maintenance of exterior property – General.
8.10.070 Exterior property accumulations of rubbish and garbage.
8.10.080 Exterior property storage.
8.10.100 Maintenance of building and structure exteriors – General.
8.10.110 Building and structure exterior surfaces.
8.10.120 Building and structure foundation walls.
8.10.130 Building and structure exterior walls.
8.10.140 Building and structure roofs and drainage.
8.10.150 Building and structure decorative features.
8.10.160 Building and structure windows and doors.
8.10.170 Building and structure glazing.
8.10.180 Accessory structures.
8.10.190 Violations – Penalty and nuisance declaration.
8.10.010 Purpose.
The provisions of this chapter establish the minimum conditions and the responsibilities of persons for maintenance of buildings, structures and property. (Ord. 2004-12 § 1)
8.10.020 Definitions.
Whenever the words “building,” “premises,” “property,” or “structure” are used in this chapter, they shall be construed as though they were followed by the words “or any part thereof.” Unless otherwise expressly stated, the following terms shall for the purposes of this chapter have the following meanings:
“Building” means any structure used or intended for supporting or sheltering any use or occupancy and having a fixed base on or a fixed connection to the ground.
“Deterioration” means a lowering in quality of the condition or appearance of a building or structure, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other physical decay.
“Exterior property” means the space on a premises not occupied by buildings or structures.
“Exterminate” and “extermination” mean the act of control, elimination, and removal of pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, or trapping; or by any other method approved by the Lincoln County health department.
“Garbage” means animal, vegetable, or other waste from the handling, preparation, cooking, or consumption of food.
“Good repair” means substantially free of deterioration.
“Imminent hazard” means a condition that creates a substantial risk of injury, damage, or loss to a person, to a person’s health, or to property, when such injury, damage, or loss is occurring, impending shortly, or on the point of happening.
“Infestation” means the presence of pests on or within premises in numbers that are harmful, bothersome, or create an imminent hazard.
“Neatly kept” means stored, stacked, or otherwise arranged in a manner generally free of disorder or disarray.
“Noxious weeds” means plants that are quarantined under OAR 603-052-1200.
“Occupancy” means the purpose for which a premises is used or intended to be used.
“Occupant” means any person living or sleeping in a building, or having possession of a premises.
“Person” means an individual, corporation, partnership, or other legal entity, or any other group acting as a unit.
“Person responsible” means any person having a legal or equitable interest in a premises; or recorded in the official records of Lincoln County as holding title to the premises; or identified in the official records of the state of Oregon or Lincoln County as being responsible for the payment of property taxes on the premises; or otherwise having possession or control of the premises; including the guardian, executor, or administrator of the estate of any such person if ordered to take possession of the premises by a court.
“Pests” means animals commonly considered detrimental to humans or human concerns, including but not limited to insects and rodents.
“Premises” means a lot, plot, or parcel of land including any buildings and structures thereon.
“Rubbish” means combustible and noncombustible waste materials, except garbage, and including the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, cardboard, plastic, glass, sweepings, tree branches, yard trimmings, cans, metals, mineral matter, crockery, dust, and similar waste materials.
“Safe” means secure from threats of danger to the life, health, property, or safety of the public, occupants, or visitors and not so damaged, decayed, dilapidated, structurally unsound, of faulty construction, or unstable that there is a significant risk of partial or complete collapse.
“Sanitary” means free from agents injurious or with a significant potential to be injurious to health, including without limitation accumulations of debris, rubbish, manure, garbage, or other refuse, stagnant water, or polluted water.
“Secure” means protected against unauthorized entry, including without limitation having doors, windows, and other openings all firmly closed and locked or otherwise closed off such as by a grille or grating.
“Skilled manner” means executed in a workmanlike manner including, as appropriate, 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. (Ord. 2004-12 § 1)
8.10.030 Responsibility.
A person responsible for a premises shall maintain the premises in compliance with the requirements of this chapter. A person responsible shall not occupy or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the provisions of this chapter. (Ord. 2004-12 § 1)
8.10.040 Vacant premises.
All vacant premises shall be maintained in a safe, secure, and sanitary condition. (Ord. 2004-12 § 1)
8.10.050 Noxious weeds.
All premises shall be maintained free of noxious weeds. (Ord. 2004-12 § 1)
8.10.060 Maintenance of exterior property – General.
All exterior property shall be maintained in a sanitary and safe condition. No owner or person in charge of property shall permit, allow, maintain or suffer graffiti to remain on private property within view from premises open to the public, such as public rights-of-way or other publicly owned property. (Ord. 2017-23 § 3; Ord. 2004-12 § 1)
8.10.070 Exterior property accumulations of rubbish and garbage.
All exterior property shall be free of any accumulation of rubbish or garbage. Composting of materials such as leaves, grass clippings, and food wastes (other than meat, bones, and fatty wastes) generated on the premises, for personal use on the premises, is not subject to this prohibition. (Ord. 2004-12 § 1)
8.10.080 Exterior property storage.
Materials such as but not limited to firewood, building materials, and equipment, stored in or on exterior property, shall be neatly kept. (Ord. 2004-12 § 1)
8.10.090 Pest infestation.
All premises shall be kept free from pest infestation. Where pests are found, they shall be promptly exterminated. After extermination, proper precautions shall be taken to prevent reinfestation. (Ord. 2004-12 § 1)
8.10.100 Maintenance of building and structure exteriors – General.
The exterior of a building or structure shall be maintained in good repair, and in a safe and sanitary condition. (Ord. 2004-12 § 1)
8.10.110 Building and structure exterior surfaces.
All building and structure exterior surfaces, including but not limited to window frames, doors, door frames, cornices, porches, siding, and trim, shall be maintained in good repair. (Ord. 2004-12 § 1)
8.10.120 Building and structure foundation walls.
All building and structure foundation walls shall be maintained free from large open cracks and breaks and shall be kept in such condition so as to prevent the entry of pests. (Ord. 2004-12 § 1)
8.10.130 Building and structure exterior walls.
All building and structure exterior walls shall be maintained in good repair and weather proof and shall be properly surface coated where required to prevent deterioration. The use of tarps or similar material for emergency repair, or in place of a customary building component such as siding or a door, shall not exceed 90 days in total, whether such use is continuous or interrupted, except when a longer period is needed for the processing of an insurance claim that was filed within 14 days of the incident giving rise to the claim or when the city manager or his or her designee grants an extension for up to 30 additional days. (Ord. 2004-12 § 1)
8.10.140 Building and structure roofs and drainage.
All building and structure roofs and flashing shall be sound, tight, and not have defects that admit rain. Roof drains, gutters, and down spouts shall be maintained in good repair and free from obstructions, and shall not direct drainage onto the property of another. The use of tarps or similar material for emergency repair shall not exceed 90 days in total, whether such use is continuous or interrupted, except when a longer period is needed for the processing of an insurance claim that was filed within 14 days of the incident giving rise to the claim or when the city manager or his or her designee grants an extension for up to 30 additional days. (Ord. 2004-12 § 1)
8.10.150 Building and structure decorative features.
All building and structure cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained in good repair, with proper anchorage and in a safe condition. (Ord. 2004-12 § 1)
8.10.160 Building and structure windows and doors.
Every building and structure window, door, and frame shall be kept in good repair and weather tight. No window or door may be covered with plywood, tarps, or similar materials for more than 90 days in total, whether such covering is continuous or interrupted, except when a longer period is needed for the processing of an insurance claim that was filed within 14 days of the incident giving rise to the claim or when the city manager or his or her designee grants an extension for up to 30 additional days. (Ord. 2004-12 § 1)
8.10.170 Building and structure glazing.
All building and structure glazing materials shall be maintained in good repair. Glazing with holes or cracks, or that is partially or wholly missing, shall be replaced with new glazing within 30 days after the defect becomes apparent. (Ord. 2004-12 § 1)
8.10.180 Accessory structures.
All accessory sheds, fences, walls, signs, sign structures, and other similar structures shall be erected in a skilled manner and maintained structurally sound and in good repair. (Ord. 2004-12 § 1)
8.10.190 Violations – Penalty and nuisance declaration.
Notwithstanding any other provision of this code, a violation of any provision of this chapter is a Class C violation. In addition, a violation of any provision of this chapter is a nuisance. (Ord. 2015-10 § 5; Ord. 2004-12 § 1)
8.10.200 Summary abatement.
The city manager or his or her designee may proceed summarily to abate a violation of this chapter that unmistakably exists and poses an imminent hazard. (Ord. 2004-12 § 1)
8.10.210 Other remedies.
The city, as a remedy in addition to violation and nuisance abatement proceedings, may institute injunctive or other appropriate proceedings to prevent, enjoin temporarily or permanently, or remove a violation of this chapter. (Ord. 2015-10 § 5; Ord. 2004-12 § 1)
Code reviser’s note: Ordinance 2004-12 adds these provisions as Chapter 8.08. This chapter has been renumbered to avoid duplication of numbering.