Chapter 18.28
DANGEROUS BUILDINGS, STRUCTURES, AND PREMISES

Sections:

18.28.010    Dangerous buildings, structures, and premises.

18.28.020    Abatement of dangerous buildings, structures, and premises.

18.28.030    Repair or demolition.

18.28.040    Order to vacate.

18.28.050    Notice and order.

18.28.060    Temporary safeguards.

18.28.070    Vacated buildings, structures, and premises.

18.28.080    Historic buildings.

18.28.010 Dangerous buildings, structures, and premises.

(1) Generally. No premises shall contain any dangerous building or structure as described in this title. Once identified and determined to be dangerous by the Building Official, all such buildings, premises, or structures shall be repaired or demolished.

(2) Definition. A dangerous building, premises, or structure shall be considered to exist whenever any premises, building, structure, or portion thereof meets any of the following criteria to the extent that the life, health, property, or safety of the public or the building, structure, or premises’ occupants are unreasonably endangered:

(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 State Building Code and Fire and Life Safety Code for new buildings of similar structure, purpose, or location.

(b) Weakened or Unstable Structural Members or Appendages.

(i) 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 State Building Code and Fire and Life Safety Code for new buildings of similar structure, purpose, or location; and/or

(ii) Whenever appendages including parapet walls, cornices, spires, towers, tanks, statuaries, signs, or other appendages or structural members which are supported by, attached to, or part of a building, are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in the State Building Code 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.

(i) Whenever any portion of a structure has wracked, 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; and/or

(ii) 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 State Building Code and Fire and Life Safety Code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the State Building 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:

(i) Has in any nonsupporting part, member, or portion, less than 50 percent 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.

(ii) Has in any supporting part, member, or portion less than 66 percent 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.

(iii) This subsection does not apply to strength required to resist seismic loads. For application of seismic requirements see the State Building Code.

(f) Risk of Failure or Collapse.

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

(ii) 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:

(i) Shows 33 percent or more damage or deterioration of its supporting member or members.

(ii) Shows 50 percent damage or deterioration of its nonsupporting members.

(iii) Shows 50 percent 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.

(i) Where a structure is not placed on an approved foundation and no valid permit exists for a foundation for that structure.

(ii) 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.

(i) 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; vegetation overgrowth; faulty electric wiring, gas connections, or heating apparatus; storage or keeping of combustibles; or any other cause that is determined by the Fire Marshal or Building Official to be a fire hazard.

(ii) Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

(iii) Whenever the walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(k) Other Hazards to Health, Safety, or Public Welfare.

(i) Whenever, for any reason, the structure, building, or premises, or any portion thereof, is manifestly unsafe for the purpose for which it is currently being used.

(ii) Whenever a structure, building, or premises has any of the conditions or defects described in Chapter 18.30 AMC, to the extent that life, health, property, or safety of the public or its occupants are endangered.

(l) Public Nuisance.

(i) Whenever any structure, building, or premises is in such a condition as to constitute a public nuisance as defined in AMC 7.84.010 or 7.84.020.

(ii) Whenever the structure, building, or premises 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;

(B) A harbor for vagrants or criminals; or as to

(C) Enable persons to resort thereto for the purpose of committing unlawful acts.

(m) Drug Lab Property. Is currently listed as “unfit for use” by the state of Oregon due to toxic contamination resulting from illegal drug manufacturing.

(n) Violations of Codes, Laws. Whenever any structure, building, or premises 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 State Building Code, Fire and Life Safety Code, or any law or ordinance of this state or City relating to the condition, location, or structure of buildings. (Ord. 5647 § 1 (Exh. B), 2006).

18.28.020 Abatement of dangerous buildings, structures, and premises.

All buildings, structures, or premises, or portions thereof, which are determined after inspection by the Building Official to be dangerous as defined in this title, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures specified herein. The Building Official, upon making such a determination, may, in addition to commencing abatement proceedings, secure the property to protect the public health, safety, and welfare pending repair or demolition. (Ord. 5647 § 1 (Exh. B), 2006).

18.28.030 Repair or demolition.

These standards shall be followed by the Building Official and by the Board of Appeals in ordering the repair or demolition of any derelict or dangerous building, structure, or premises:

(1) Any condition(s) that results in a building, structure, or premises being declared a dangerous building under this title shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or

(2) The building or structure shall be demolished at the option of the building owner, subject to issuance of a demolition permit by the Building Division. (Ord. 5647 § 1 (Exh. B), 2006).

18.28.040 Order to vacate.

(1) If the building, structure, or premises is in such condition as to make it immediately dangerous to the life, limb, property, or safety of its occupants or the public, it shall be ordered to be vacated.

(2) If the Building Official has determined that the building, structure, or premises must be vacated, the notice and order shall require that it be vacated within a time certain from the date of the order, as determined by the Building Official to be reasonable.

(3) Every notice to vacate shall, in addition to being served as provided in AMC 18.10.150, be posted at or upon each exit of the building and shall be in substantially the following form:

DANGEROUS BUILDING

DO NOT OCCUPY

It is a misdemeanor to occupy this building, or to remove or deface this notice.

Building Official

City of Albany

(Ord. 5647 § 1 (Exh. B), 2006).

18.28.050 Notice and order.

Whenever the Building Official determines that a building, structure, or premises is dangerous, as defined by this title, notice shall be given in the manner prescribed in AMC 18.10.130 through 18.10.150 to the owner(s) of the property and/or the person(s) responsible for the violation. (Ord. 5647 § 1 (Exh. B), 2006).

18.28.060 Temporary safeguards.

Notwithstanding other provisions of this title, whenever the Building Official determines, based upon commonly accepted safe practices and principles of structural soundness, or methods of construction and repair, that there is imminent danger due to an unsafe condition, the Building Official may employ the necessary labor and materials to perform the required work as expeditiously as possible, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedures herein described have been instituted; and may cause such other action to be taken as the Building Official deems necessary to meet such emergency. (Ord. 5647 § 1 (Exh. B), 2006).

18.28.070 Vacated buildings, structures, and premises.

Upon posting by the Building Official, all vacated buildings, structures, and premises shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to adversely affect the public health, safety, or welfare. (Ord. 5647 § 1 (Exh. B), 2006).

18.28.080 Historic buildings.

The provisions of this code shall not be mandatory for structures designated as historic buildings when such buildings or structures are judged by the Building Official to be safe and in the interest of public health, safety and welfare. (Ord. 5647 § 1 (Exh. B), 2006).