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(A) Circuit Court. Any appellant may appeal to the Circuit Court of the State of Oregon for Union County for judicial review of the City Council’s decision. The appeal shall be filed within thirty days from the effective date of the decision. The failure of any person to file a request for judicial review in accordance with the provisions of this section, and within the 30 days required, shall constitute a waiver of the right to judicial review, and the decision of the City Council shall then be final.
(B) Rules. On judicial review to Circuit Court, all rules governing the form of pleadings, procedure, the taking of evidence, and such other matters as may affect the proceedings shall be governed by the Oregon Rules of Civil Procedure, the Oregon Evidence Code, and such other applicable rules and laws for proceedings in Circuit Court.
(Ord. 542, passed 11-10-2014; Ord. 547, passed 4-13-2015)
(A) General. After any order of the building official or the City Council made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order.
(B) Failure to obey order. If, after any order of the building official or City Council made pursuant to this chapter has become final, the person to whom such order is directed shall fail, neglect, or refuse to obey such order, the building official may institute any appropriate action to abate such building as a public nuisance.
(C) Failure to commence work. Whenever the required repair or demolition does not commence within thirty days after any final notice and order issued under this code becomes effective:
(1) The building official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice of the form set forth in § 97.07(G).
(2) No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the building official, or the City Council as the case may be, have been completed.
(3) The building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order require demolition, to cause the building to be sold and demolished, or demolished and the materials, rubble, and debris thereof removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the costs thereof paid and recovered in the manner hereinafter provided in this chapter. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto. Nothing stated herein shall prevent the building official from causing the building to be demolished by fire.
(D) Extension of time to perform work. Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the building official may grant an extension of time, not to exceed an additional 120 days, within which to complete the repair, rehabilitation or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the notice and order.
(E) Interference with repair or demolition work prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this chapter, or with any person to whom such building has been lawfully sold pursuant to the provisions of this chapter, whenever such officer, employee, contractor or authorized representative of the city, a person having an interest or estate in such building or structure, or a purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.
(Ord. 542, passed 11-10-2014; Ord. 547, passed 4-13-2015) Penalty, see § 97.99
(A) Procedure. When any work of repair or demolition is to be done pursuant to § 97.11(C)(3) of this chapter, the building official shall issue an order therefore to the City Council, and the work shall be accomplished by private contract under the direction of the City Council. Plans and specifications therefore may be prepared by City Council, or the City Council may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed. In the alternative, and as may be allowed by state law, the City may employ its own personnel to accomplish the work.
(B) Costs. The cost of such work shall be paid from the repair and demolition fund, and may be made a special assessment against the property involved, and/or may be made a personal obligation of the property owner, whichever the City Council shall determine is appropriate.
(Ord. 542, passed 11-10-2014; Ord. 547, passed 4-13-2015)
(A) General. If city funds are used for repairs or demolition, the City Council shall establish a special revolving fund to be designated as the Repair and Demolition Fund. Payments shall be made out of the fund upon the demand of the City Council to defray the costs and expenses which may be incurred by the city in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.
(B) Maintenance of Fund. The City Council may at any time transfer to the Repair and Demolition Fund, out of any money in the General Fund of this jurisdiction, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any sums so transferred shall be deemed a loan to the Repair and Demolition Fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the city, and credited to the Repair and Demolition Fund. Nothing stated in this chapter shall require the city to at any time appropriate funds to the Repair and Demolition Fund if no expenses are expected to be incurred in a given budget year.
(Ord. 542, passed 11-10-2014; Ord. 547, passed 4-13-2015)
(A) Account of expense, filing of report. The City Council or building official shall keep an itemized account of the expense incurred by the city in the repair or demolition of any building done pursuant to provisions of this chapter. Upon the completion of the work of repair or demolition, the City Council or building official shall prepare and file with the clerk of the City Council a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to § 97.07(C).
(B) Notice of hearing. At the next regularly scheduled meeting of the City Council following the filing of the report referred to in division (A) of this section, the City Council shall fix a time, date and place for hearing the report and any protest and objections thereto. The City Council, or its designee, shall cause notice of the hearing to be posted upon the property involved, published once in a newspaper of general circulation in Umatilla County, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner’s name and address appears on the last tax assessment roll of the county, if such so appears, or as is known by the City Council, and to the other persons referred to in § 97.07(C). Such notice shall be given at least ten days prior to the date set for the hearing and shall specify the day, hour and place when the City Council will hear and pass upon the report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge.
(C) Protests and objections. Any person interested in or affected by the proposed charge may file written protests or objections with the City Council no later than one day prior to the time set for the hearing on the report referred to in division (A) of this section. Each such protest or objection must contain a description of the property in which the signer thereof is interested, the nature of the signer’s interest in the property, and the grounds of such protest or objection. Such protests or objections shall be considered by the City Council at the time set for the hearing, and no other protests or objections shall be considered.
(D) Hearing of protests.
(1) Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report referred to in division (A) of this section together with any such objections or protests. The City Council may make such revision, correction or modification in the report or the charge as it may deem just; and when the City Council is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. Notwithstanding the foregoing, the City Council may refer the hearing referred to in this section to a hearing examiner, whose decision will have the same effect as a decision by the City Council.
(2) The City Council or hearing examiner may thereupon order that the charge shall be made a personal obligation of the property owner and/or may assess the charge against the property involved.
(3) If the City Council or hearing examiner orders that the charge shall be a personal obligation of the property owner, the city may use all appropriate legal remedies that may be reasonable under the circumstances given the amount to be recovered and the chances of actual payment.
(4) If the City Council or hearing examiner orders that the charge shall be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter the assessment shall constitute a special assessment against and a lien upon the property.
(5) The decision on the report, charges, and assessments shall be final and conclusive except as state or federal law may otherwise require a right for judicial review, in which case the procedures and deadlines set forth in § 97.l0 shall apply.
(E) Authority for installment payment of assessments with interest. The City Council, in its discretion, may determine that assessments in amounts of $500 or more may be payable in not to exceed five equal annual payments. The City Council’s determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution and is not appealable.
(F) Lien of assessment.
(1) Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessment shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county and property taxes with which it shall be in parity. The lien shall continue until the assessment and all interest due and payable thereon are paid.
(2) All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of 9% per annum from and after the date.
(3) The lien may be enforced, collected upon and foreclosed in accordance with the provisions of O.R.S. 223.505 through 223.650 or other state law, and by suit in equity or at law in Circuit Court.
(Ord. 542, passed 11-10-2014; Ord. 547, passed 4-13-2015)
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