(A) Generally. No property shall contain any dangerous or derelict structure as described in this chapter. All such buildings or structures shall be repaired or demolished.
(B) Derelict structures.
(1) A derelict structure is any unoccupied non-residential building, structure, or portion thereof, that meets any of the following criteria or any residential building which is at least 50% unoccupied and meets any of the following criteria:
(a) Has been ordered vacated by the Enforcement Officer pursuant to § 91.36(B);
(b) Has been issued a notice of infraction by the Enforcement Officer pursuant to § 91.35;
(c) Is unsecured;
(d) Is boarded unless the boarding is required by the Enforcement Officer; or
(e) Has, while vacant, had a nuisance declared by the city on the property upon which it is located.
(2) Any property which has been declared by the Building Official to include a derelict structure shall be considered in violation of this chapter until:
(a) The structure has been lawfully occupied;
(b) The structure has been demolished and the lot cleared and graded after approval is issued by the city, with final inspection and approval by the Building Official; or
(c) The owner has demonstrated to the satisfaction of the Building Official that the property is free of all conditions causing its status as a derelict structure.
(C) Dangerous structures. Any structure which through damage, neglect, or lack of maintenance, 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, declared a nuisance, and such condition or defects shall be abated pursuant to § 91.35.
(1) 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 by the current state building codes for new buildings of similar structure, purpose, or location.
(2) Weakened or unstable structural members or appendages. 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 current state building codes for new buildings of similar structure, purpose, or location; or 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 current state building codes.
(3) 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.
(4) Vulnerability to earthquakes, high winds.
(a) 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
(b) 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 current state building codes for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the current Oregon building codes for such buildings.
(5) Insufficient strength or fire resistance. Whenever any structure which, whether or not erected in accordance with all applicable laws and ordinances:
(a) Has in any non-supporting 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
(b) 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.
(6) Risk of failure or collapse.
(a) Whenever any portion or member or appurtenance thereof is likely to fail, or to become disabled or dislodged, or to collapse and thereby injure persons or damage property; or
(b) 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:
1. Dilapidation, deterioration, or decay;
2. Faulty construction;
3. The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such structure; or
4. The deterioration, decay, or inadequacy of its foundation.
(7) Excessive damage or deterioration. Whenever the structure exclusive of the foundation:
(a) Shows 33% or more damage or deterioration of its supporting member or members;
(b) Fifty percent damage or deterioration of its non-supporting members; or
(c) Fifty percent damage or deterioration of its enclosing or outside wall coverings.
(8) 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.
(9) 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.
(10) Other hazards to health, safety, or public welfare.
(a) 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
(b) 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.
(11) Public nuisance. 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 an attractive nuisance or a harbor for vagrants or criminals.
(12) Chronic dereliction. Whenever a derelict structure remains unoccupied for a period in excess of six months or period less than six months when the structure or portion thereof constitutes an attractive nuisance or hazard to the public.
(13) 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, as specified in the current state building codes or any law or ordinance of this state or city relating to the condition, location, or structure or buildings.
(D) Abatement of dangerous structures.
(1) All structures or portions thereof which are determined after inspection by the Building Official to be dangerous as defined in this chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures specified herein.
(2) If the Building Official determines that a structure is dangerous, as defined by this chapter, the Enforcement Officer shall commence proceedings to cause the repair, vacation, or demolition of the structure.
(Ord. 709, passed 3-9-2009)