Title 18
BUILDING CODE ADMINISTRATION AND PROPERTY MAINTENANCE1
Chapters:
18.04 ADMINISTRATION
18.04.010 Title.
18.04.020 Severability.
18.04.030 Purpose.
18.04.040 Scope.
18.04.050 Conflicting provisions.
18.04.060 Codes.
18.04.070 Definitions.
18.04.080 Alternate materials and methods.
18.04.090 Modifications.
18.04.100 Tests.
18.04.110 Unsafe buildings.
18.06 PERMITS
18.06.010 Permits – Generally.
18.06.020 Application for a building permit.
18.06.030 Submittal documents.
18.06.040 Permit issuance.
18.06.050 Deferred submittals and phased construction.
18.06.060 Retention of plans, permits and documentation.
18.06.070 Validity of permit.
18.06.080 Expiration of plan review application.
18.06.090 Permit expiration.
18.06.100 Investigation.
18.06.110 Not transferable.
18.06.120 Suspension/revocation.
18.06.130 Swimming pools – Permit required.
18.08 INSPECTIONS
18.08.010 Inspections – Generally.
18.08.020 Inspection requests.
18.08.030 Inspections required.
18.08.040 Reinspections.
18.08.050 Inspection record card.
18.08.060 Other inspections.
18.08.070 Special inspections.
18.08.080 Approval required.
18.08.090 Certificate of occupancy.
18.08.100 Proceeding without inspection or approval.
18.10 COMPLIANCE AND ENFORCEMENT
18.10.010 Creation of enforcement program.
18.10.020 Designated authority.
18.10.030 Powers and duties of Building Official.
18.10.040 Deputies.
18.10.050 Right of entry.
18.10.060 Stop work orders.
18.10.070 Occupancy violations.
18.10.080 Authority to disconnect utilities.
18.10.090 Authority to condemn building service equipment.
18.10.100 Connection after order to disconnect.
18.10.110 Liability.
18.10.120 Unlawful acts.
18.10.130 Notice of violation.
18.10.140 Form of notices and orders.
18.10.150 Method of service.
18.10.160 Enforcing compliance.
18.10.170 Prosecution of violation.
18.10.180 Recording notice of substandard or nonconforming condition(s).
18.10.190 Transfer of ownership.
18.10.200 Penalties.
18.12 FEES AND COST RECOVERY
18.12.010 Fees – Generally.
18.12.020 Fee refunds.
18.12.030 Cost recovery.
18.14 APPEALS
18.14.010 Appeal to the state.
18.14.020 Appeal to Building Board of Appeals.
18.14.030 Creation of Building Board of Appeals.
18.14.040 Appeal procedure.
18.14.050 Staying of order under appeal.
18.16 DEMOLITION
18.16.010 Demolition – Permit – Required.
18.16.020 Demolition – Permit – Expiration.
18.16.030 Demolition – Permit – Suspension or revocation.
18.16.040 Demolition – Notification of utilities.
18.16.050 Demolition – Cleanup.
18.18 MOVING BUILDINGS
18.18.010 Permit – Required.
18.18.020 Permit – Conditions.
18.18.040 Permit – Application – Contents.
18.18.060 Permit – Issuance conditions.
18.18.090 Permit – Revocation.
18.18.120 Litter.
18.18.130 Liability.
18.20 OTHER STRUCTURES
18.20.010 Temporary structures.
18.20.020 Portable structures.
18.28 DANGEROUS BUILDINGS, STRUCTURES, AND PREMISES
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.
18.30 PROPERTY MAINTENANCE
Article I. In General
18.30.010 Applicability.
18.30.020 Scope.
18.30.030 Responsibility of owner.
18.30.040 Enforcement.
18.30.050 Closing of vacant buildings, structures, and premises.
18.30.060 Vacant buildings, structures, and premises.
Article II. Outdoor Property Maintenance
18.30.090 Exterior property – Generally.
18.30.095 Holes, tanks, and traps.
18.30.100 Unsecured structures.
18.30.105 Excess vegetation.
18.30.110 Rodent harborage.
18.30.115 Trash and debris.
18.30.120 Storage of nontrash items.
18.30.125 Disabled vehicles.
18.30.130 Exhaust vents.
18.30.135 Accessory structures.
Article III. Exterior Structure
18.30.140 Exterior structure – Generally.
18.30.145 Exterior walls and exposed surfaces.
18.30.150 Structural members.
18.30.155 Foundation walls.
18.30.160 Roofs and drainage.
18.30.165 Decorative features.
18.30.170 Overhang extensions.
18.30.175 Stairways, decks, porches and balconies.
18.30.180 Chimneys and towers.
18.30.185 Handrails and guards.
18.30.190 Window, skylight and door frames.
18.30.195 Glazing.
18.30.200 Openable windows.
18.30.205 Insect screens.
18.30.210 Doors.
18.30.215 Basement hatchways.
18.30.220 Guards for basement windows.
Article IV. Interior Structure
18.30.225 Interior structure – Generally.
18.30.230 Structural members.
18.30.235 Interior surfaces.
18.30.240 Stairs and walking surfaces.
18.30.245 Handrails and guards.
18.30.250 Interior doors.
18.30.255 Interior dampness.
Article V. Cleanliness and Sanitation
18.30.260 Accumulation of rubbish or garbage.
18.30.265 Disposal of rubbish.
18.30.270 Garbage facilities.
18.30.275 Containers.
Article VI. Insect and Rodent Harborage
18.30.280 Infestation.
18.30.285 Owner.
18.30.290 Single occupant.
18.30.295 Multiple occupancy.
18.30.300 Exception.
Article VII. Light
18.30.305 Habitable spaces.
18.30.310 Common halls and stairways.
18.30.315 Other spaces.
Article VIII. Ventilation
18.30.320 Habitable spaces.
18.30.325 Bathrooms and toilet rooms.
18.30.330 Cooking facilities.
18.30.335 Process ventilation.
18.30.340 Clothes dryer exhaust.
Article IX. Occupancy Limitations
18.30.345 Privacy.
18.30.350 Minimum room widths.
18.30.355 Minimum ceiling heights.
18.30.360 Bedroom requirements.
18.30.365 Area for sleeping purposes.
18.30.370 Access from bedrooms.
18.30.375 Water closet accessibility.
18.30.380 Prohibited occupancy.
18.30.385 Other requirements.
18.30.390 Overcrowding.
18.30.395 Sleeping area.
18.30.400 Combined spaces.
18.30.405 Efficiency unit.
18.30.410 Food preparation.
Article X. Required Plumbing Facilities
18.30.415 Dwelling units.
18.30.420 Rooming houses.
18.30.425 Hotels.
18.30.430 Employees’ facilities.
18.30.435 Drinking facilities.
Article XI. Toilet Rooms
18.30.440 Privacy.
18.30.445 Location.
18.30.450 Location of employee toilet facilities.
18.30.455 Floor surface.
Article XII. Plumbing Systems and Fixtures
18.30.460 Plumbing systems and fixtures – Generally.
18.30.465 Fixture clearances.
18.30.470 Plumbing system hazards.
Article XIII. Water System
18.30.475 Water system – Generally.
18.30.480 Contamination.
18.30.485 Supply.
18.30.490 Water heating facilities.
Article XIV. Sanitary Drainage System
18.30.495 Sanitary drainage system – Generally.
18.30.500 Maintenance.
Article XV. Storm Drainage
18.30.505 Storm drainage – Generally.
Article XVI. Heating Facilities
18.30.510 Facilities required.
18.30.515 Residential occupancies.
18.30.520 Heat supply.
18.30.525 Room temperature measurement.
Article XVII. Mechanical Equipment
18.30.530 Mechanical appliances.
18.30.535 Removal of combustion products.
18.30.540 Clearances.
18.30.545 Safety controls.
18.30.550 Combustion air.
18.30.555 Energy conservation devices.
Article XVIII. Electrical Facilities
18.30.560 Electrical facilities required.
18.30.565 Electrical service.
18.30.570 Electrical system hazards.
Article XIX. Electrical Equipment
18.30.575 Installation of electrical equipment.
18.30.580 Receptacles.
18.30.585 Lighting fixtures.
Article XX. Duct Systems
18.30.590 Duct systems – Generally.
Chapter 18.04
ADMINISTRATION
Sections:
18.04.010 Title.
18.04.020 Severability.
18.04.030 Purpose.
18.04.040 Scope.
18.04.050 Conflicting provisions.
18.04.060 Codes.
18.04.070 Definitions.
18.04.080 Alternate materials and methods.
18.04.090 Modifications.
18.04.100 Tests.
18.04.110 Unsafe buildings.
18.04.010 Title.
This title shall be known as the “building regulations,” and may be so cited and pleaded and is referred to herein as “this title.” (Ord. 5647 § 1 (Exh. A), 2006).
18.04.020 Severability.
If any section, paragraph, subdivision, clause, sentence, or provision of this title shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this title or this code, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered, it being the intent of the governing body to enact the remainder of this title notwithstanding the parts to be declared unconstitutional and invalid. (Ord. 5647 § 1 (Exh. A), 2006).
18.04.030 Purpose.
The purpose of this title is, consistent with available resources, to establish uniform performance, minimal standards, enforcement procedures, and administrative standards in order to provide reasonable safeguards for the health, safety, welfare, comfort and security of the residents of this jurisdiction, and to provide for the use of modern methods, devices, materials, techniques, practicable maximum energy conservation standards, and fire and life safety features in the construction and use of structures. (Ord. 5647 § 1 (Exh. A), 2006).
18.04.040 Scope.
This title shall apply to new and existing construction and premises, and construction-related activities including, but not limited to, installation of: electrical, plumbing, mechanical, energy, grading, disability access, alteration, moving, demolition, repair, maintenance, fire and life safety and work associated with any building, structure, premises, property, or license regulated by this title, mandated under any of the Oregon Construction Specialty Codes, rules or statutes, and/or regulated by various other codes of the City of Albany, including zoning or land use regulations. The City of Albany enforces the State Building Code as per ORS Chapter 455 and the rules adopted thereunder. (Ord. 5647 § 1 (Exh. A), 2006).
18.04.050 Conflicting provisions.
Where, in any specific case, different sections of this title specify different materials, methods of construction or other requirements, the most restrictive shall govern, except in cases where the minimum/maximum provisions of the State Building Code apply. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (Ord. 5647 § 1 (Exh. A), 2006).
18.04.060 Codes.
(1) State Building Code. The provisions of the State of Oregon Building Code, as provided in ORS 455.010, are hereby adopted by reference. The State Building Code is on file in the Community Development Department of the City of Albany.
(2) Fire Code. Where requirements of this title do not provide necessary regulation or are not fully detailed with regard to processes, methods, specifications, equipment testing, and maintenance, standards of design, performance, and installation, and other pertinent criteria, the applicable standards and requirements of the State Fire Code shall apply, copies of which are on file in the Fire Department of the City of Albany. Said volumes and all subsequent editions of these codes, including all amendments, are hereby incorporated in this title by reference.
(3) Development Code. Nothing in this title is intended to permit the establishment or conversion of any structure or use of any land in any zone which is not in accordance with the applicable sections of the Albany development code. (Ord. 5647 § 1 (Exh. A), 2006).
18.04.070 Definitions.
For the purpose of this title, the following definitions shall apply:
(1) “Adjacent property” means property that has a common border with another property or tax lot. Does not include property separated by roads, rivers or other such separations.
(2) “Approved” means approved by the Building Official.
(3) “Attractive nuisance” means a condition that may attract and injure children, vagrants, or other unauthorized trespassers.
(4) “Basement” means that portion of a building which is partly or completely below grade.
(5) “Bathroom” means a room containing plumbing fixtures including a toilet, lavatory, and bathtub or shower.
(6) “Bedroom” means a room which is designated as a bedroom on the applicable plans or documents or which, in the reasonable opinion of the Building Official, is likely to be regularly used for sleeping purposes. In making this determination, the Building Official shall consider the following factors, the presence or absence of which shall not be conclusive:
(a) The presence of a closet (usually found in a bedroom);
(b) The presence of an exterior window (usually found in a bedroom);
(c) The size of the room (bedrooms are usually less than 350 square feet);
(d) The presence of plumbing (usually absent in a bedroom);
(e) The presence of heating (usually found in a bedroom);
(f) The number of other designated bedrooms relative to the size of the entire structure (typically, homes over 1,000 square feet in size have three bedrooms and homes over 2,000 square feet in size have more than three bedrooms).
(7) “Building” means a structure used or intended for supporting or sheltering a use or occupancy.
(8) “Building Official” shall mean the Albany Building Official Manager or Deputy thereof, with powers granted by ORS 455.153.
(9) “Building service equipment” means all support systems/equipment such as piping, ducts, vents, and other components of systems other than portable appliances that are permanently in place to serve the building.
(10) “Certificate of occupancy” means a certificate of approval issued by the Building Official after all provisions of the building code, laws, codes and conditions of approval enforced by the Building Official are met for a commercial building. The certificate of occupancy for a residential building is considered the same as the final approval of the permit after the building is constructed and all corrections have been completed.
(11) “Concurrent plan review” means a review of a construction application by one or more other divisions at the same time the building inspection plans reviewer is reviewing the application for compliance with the State Building Code.
(12) “Condemnation” means to adjudge unfit for occupancy.
(13) “Dwelling unit” means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with housekeeping facilities for living, sleeping, cooking, and eating.
(14) “Dwelling unit, quad” means a dwelling, which for purposes of this code shall count as two dwelling units, which has separate sleeping and living quarters for four individuals but which is centered around a common kitchen facility.
(15) “Dwelling unit, quint” means a dwelling, which for purposes of this code shall count as two and one-half dwelling units, which has separate sleeping and living quarters for five individuals but which is centered around a common kitchen facility.
(16) “Easement” means that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on, or above a said lot or lots.
(17) “Enforcement action” means an action in which an order to correct has been issued, or which seeks or results in a civil penalty.
(18) “Exterior property” means the open space on the premises and on adjoining property under the control of owners or operators of such premises.
(19) “Extermination” means the control and elimination of insects, rats, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
(20) “Garbage” means food waste, animal and vegetable waste, dead animal carcasses, refuse, rubbish, trash, or other useless or discarded material.
(21) “Guard” means a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
(22) “Habitable space” means space in a structure approved for living, sleeping, eating or cooking. Bathrooms, toilet rooms, garages, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
(23) “Housekeeping unit” means a room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
(24) “Imminent danger” or “imminent hazard” means a condition which could cause serious or life-threatening injury or death at any time.
(25) “Infestation” means the evidence, within or contiguous to a structure or premises, of insects, rats, vermin, or other pests.
(26) “Inoperable motor vehicle” means a vehicle which cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
(27) “Junk” means all inoperable motor vehicles, in which multiple major components are defective or removed for more than 30 consecutive days; any motor vehicle which has been unlicensed for more than 30 consecutive days; defective motor vehicle parts, abandoned automobiles, used tires, inoperable and defective machinery, or parts thereof, inoperable and defective appliances and parts thereof, metal portions of inoperable machinery, broken glass, empty glass, plastic or metal containers, scrap lumber, broken furniture, other wastes and/or discarded materials.
(28) “Labeled” means devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
(29) “Let for occupancy” or “let” means to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises, or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
(30) “Nonconforming” means any building, premises, or structure which lawfully existed prior to the effective date of the ordinance codified in this code, but which, due to the requirements adopted herein, no longer complies with one or more provisions of this code.
(31) “Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used.
(32) “Occupant” means any individual living or sleeping in a building, or having possession of a space within a building.
(33) “Openable area” means that part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(34) “Operating plan” means a state-mandated document, as required by OAR 918-020-0080, created and maintained by the Building Official, that outlines policies, procedures, rules, timelines, hours of operation and general administrative procedures describing the operation of the building division.
(35) “Operator” means any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(36) “Owner” means any person, agent, firm, or corporation having a legal or equitable interest in a property; or recorded in the official records of the state, county or municipality as holding title to a property; or otherwise having control of a property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(37) “Permit” means an official document or certificate issued by the Building Official authorizing performance of a specified activity.
(38) “Person” means a natural person, heir, executor, administrator or assign, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
(39) “Portable structure” means a structure that is easily moveable, is of a size which accommodates portability, and is otherwise constructed for easy movement. Portable structures are typically regulated by state agencies and are not built in a location where the structure is intended to remain permanently.
(40) “Premises” means any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent. For premises consisting of more than one unit, premises may be limited to the unit or the portion of the premises on which any nuisance activity has occurred or is occurring, but includes areas of the premises used in common by all units of property including, without limitation, other structures erected on the property and areas used for parking, loading, and landscaping.
(41) “Public way” means any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
(42) “Rooming house” means a building arranged or occupied for lodging, with or without meals, for compensation, and not occupied as a one- or two-family dwelling.
(43) “Rooming unit” means any room or group of rooms forming a single habitable unit occupied, or intended to be occupied, for sleeping or living, but not for cooking purposes.
(44) “Rubbish” means combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
(45) “State Building Code” means all of the combined specialty codes together, including the electrical, plumbing and mechanical codes, as provided in ORS 455.010(8).
(46) “Strict liability offense” means an offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
(47) “Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
(48) “Substandard” means in violation of any of the minimum requirements as set out in this title or in the building code in effect at the time the structure was built.
(49) “Temporary buildings or structures” means buildings and/or structures erected for use of very limited duration and not taking the place of permanent buildings or structures; including, but not limited to, tents, trailers, motor homes, RVs, sheds, cargo containers, boxes, crates, pallets, and hooches.
(50) “Tenant” means a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
(51) “Toilet room” means a room containing a water closet or urinal, at minimum, but may also include a lavatory, bathtub, or shower.
(52) “Valuation” or “value,” as applied to a building and its building service equipment, shall be the estimated cost to build or replace the building and its building service equipment in kind, based upon current costs.
(53) “Ventilation” means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
(54) “Workmanlike” means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
(55) “Yard” means an open space on the same lot with a structure. (Ord. 5647 § 1 (Exh. A), 2006).
18.04.080 Alternate materials and methods.
(1) The provisions of this title are not intended to prevent the use of any alternate material, design or method of construction not specifically prescribed by this title, provided such alternate material, design, or method has been approved and its use authorized by the Building Official.
(2) The Building Official may approve any such alternate material, design or method, provided the Building Official finds that the proposed material, design or method complies with the provisions and intent of this title and that it is, for the purpose intended, at least the equivalent of that prescribed in this title in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.
(3) The Building Official may require that evidence or proof be submitted to substantiate any claims that may be made regarding the use of such alternate material, design, or method. The details of any approval of any alternate material, design, or method shall be recorded and entered in the files of the City. (Ord. 5647 § 1 (Exh. A), 2006).
18.04.090 Modifications.
When there are practical difficulties in carrying out the provisions of the technical codes or this title, the Building Official may grant modifications for individual cases, provided the Building Official finds that the modification is in conformance with the intent and purpose of the technical codes or this title and that said modification does not lessen any health, life safety, or fire-protection requirements, nor any degree of structural integrity. (Ord. 5647 § 1 (Exh. A), 2006).
18.04.100 Tests.
(1) Whenever there is insufficient evidence of compliance with the provisions of this title or the technical codes, or that any material, method or design does not conform to the requirements of this title or the technical codes, the Building Official may require tests or engineering reports as proof of compliance to be made at no expense to this jurisdiction.
(2) Test methods shall be as specified by this title, the technical codes, or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Building Official shall determine test procedures.
(3) All tests shall be made by a testing agency approved by the Building Official. The Building Official shall retain reports of such tests for the period required for the retention of public records. (Ord. 5647 § 1 (Exh. A), 2006).
18.04.110 Unsafe buildings.
All buildings described in Chapter 18.28 AMC are declared to be unsafe buildings for the purposes of this section. All such unsafe buildings are public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures described in Chapter 18.28 AMC. (Ord. 5647 § 1 (Exh. A), 2006).
Chapter 18.06
PERMITS
Sections:
18.06.010 Permits – Generally.
18.06.020 Application for a building permit.
18.06.030 Submittal documents.
18.06.040 Permit issuance.
18.06.050 Deferred submittals and phased construction.
18.06.060 Retention of plans, permits and documentation.
18.06.070 Validity of permit.
18.06.080 Expiration of plan review application.
18.06.090 Permit expiration.
18.06.100 Investigation.
18.06.110 Not transferable.
18.06.120 Suspension/revocation.
18.06.130 Swimming pools – Permit required.
18.06.010 Permits – Generally.
It is unlawful for any person, firm or corporation to engage in any work, conduct, or activity for which a permit, certificate, label, or other formal authorization is required by this title or other regulation without first obtaining such permit, certificate, label, or other formal authorization. Permits are required for any work that is regulated under the State Building Code as per ORS Chapter 455 and the rules adopted thereunder, as well as any work, activity, use, or review required by any code, policy, or procedure within this jurisdiction that is enforced by the Building Official, which may include occupancy reclassifications, grading, signs, demolition, new parking lots, regrading and parking lot resurfacing/striping, or land use activity regulated by the Albany Municipal Code or development code. (Ord. 5647 § 1 (Exh. A), 2006).
18.06.020 Application for a building permit.
To obtain a permit, the applicant shall first apply to the City of Albany Building Division. Every such application shall:
(1) Identify and describe the work to be covered by the permit for which application is made;
(2) Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work;
(3) Indicate the use or occupancy for which the proposed work is intended;
(4) Be accompanied by plans, diagrams, computations and specifications, and other data as required in this chapter;
(5) State the valuation of any new building or structure, or any addition, remodeling, or alteration to an existing building;
(6) Be signed by the owner, or the owner’s authorized agent;
(7) Provide satisfactory proof of ownership or agency;
(8) Provide plans showing all rights-of-way, easements, covenants, and other such interests in the land that may be impacted by construction; and
(9) Give such other data and information as may be required by the Building Official. (Ord. 5647 § 1 (Exh. A), 2006).
18.06.030 Submittal documents.
(1) Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs, and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. The Building Official may require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law.
(2) The Building Official may waive the submission of plans, calculations, construction inspection requirements, and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this title. (Ord. 5647 § 1 (Exh. A), 2006).
18.06.040 Permit issuance.
(1) The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Building Official or his/her designee. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of this title and the technical codes and other pertinent laws and ordinances, and that the fees specified in Chapter 18.12 AMC have been paid, the Building Official shall issue a permit therefor to the applicant.
(2) When the Building Official issues a permit where plans are required, the Building Official shall endorse in writing or stamp the plans and specifications “APPROVED.” Such approved plans and specifications shall not be changed, modified, or altered without authorization from the Building Official, and all work regulated by this title shall be done in accordance with the approved plans. (Ord. 5647 § 1 (Exh. A), 2006).
18.06.050 Deferred submittals and phased construction.
(1) Deferred submittal of plans and phased construction may be permitted by the Building Official when the deferred submittals or phasing of construction is not likely to result in mistakes, faulty construction, or violation of any local or state codes or laws. Construction associated with phased, partial, or deferred submittals and permits shall be done at the permit holder’s risk.
(2) The Building Official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this title. If the holder of a partial permit elects to proceed, he/she shall do so without assurance that the permit for the entire building or structure will be granted. Additional costs for partial permits and/or deferred submittals shall be determined and assessed by the Building Official and charged to the applicant for the permit. (Ord. 5647 § 1 (Exh. A), 2006).
18.06.060 Retention of plans, permits and documentation.
One set of approved plans, specifications, computations, and permits shall be retained by the Building Official, shall not be used as field plans, and shall be stored as required by the State Archivist. One set of approved plans and specifications shall be returned to the applicant, and said set shall be kept in good order and in clean, legible condition on the site of the building or work at all times during which the work authorized thereby is in progress. If the applicant needs additional copies of approved plans, the Building Official may review and approve additional copies, charging the applicant the review cost plus overhead charges for providing the additional plan copies. (Ord. 5647 § 1 (Exh. A), 2006).
18.06.070 Validity of permit.
(1) The issuance of a permit or approval of plans, specifications, and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this title or of any other code of the jurisdiction, or any other federal, state, or local law, statute, rule, regulation, or code. Permits presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.
(2) The issuance of a permit based on plans, specifications, and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications, and other data, requiring additional engineering data, or from preventing building operations being carried on thereunder when in violation of this title or of any other codes of this jurisdiction. (Ord. 5647 § 1 (Exh. A), 2006).
18.06.080 Expiration of plan review application.
Applications for which no permit is issued within 180 days following the date of the application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once, unless expressly authorized by the Building Official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. When an applicant applies for concurrent plan review, the applicant assumes the responsibility and risk of obtaining all approvals required by other departments within the 180-day period. (Ord. 5647 § 1 (Exh. A), 2006).
18.06.090 Permit expiration.
(1) Every permit issued by the Building Official, under the provisions of this title and the technical codes, shall expire by limitation and become null and void 36 months after the date of permit issuance, or 180 days from the date of such permit issuance if the building or work authorized by such permit is not commenced, or pursuant to any time limits designated by conditions of approval, or after the building or work authorized by such permit is suspended or abandoned for 180 consecutive days at any time after the work is commenced. The work shall not be considered suspended or abandoned where the permittee has pursued activities deemed by the Building Official to indicate the intent to start and complete the project. The Building Official may require the permittee to document these activities.
(2) Any permittee holding an unexpired permit may apply to the Building Official for an extension of the time within which work is to be completed under that permit when the permittee is unable to complete work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented work from being completed. No permit shall be extended more than once, unless expressly authorized by the Building Official.
(3) Where a permit has expired, the permit may be reinstated and the work authorized by the original permit can be recommenced, provided the following are met:
(a) The building code, land use regulations, and fees under which the original permit was issued and other laws or fees which are enforced or collected by the Community Development Department have not been amended in any manner which affects the work authorized by the original permit.
(b) No changes have been made or will be made in the original plans and specifications for such work.
(c) The original permit expired less than one year from the request to reinstate.
(4) The fee for a reinstated permit shall be one-half the amount required for a new permit plus any costs incurred as a result of investigations. Where the request for reinstatement does not comply with the preceding criteria, a new permit, at full permit fees and review, shall be required. (Ord. 5647 § 1 (Exh. A), 2006).
18.06.100 Investigation.
(1) Whenever any work for which a permit is required by this title or the technical codes has been commenced without first obtaining said permit, an investigation shall be made before a permit may be issued for such work. This investigation is subject to the fees described below, and may or may not result in a penalty.
(2) The Building Official may require an investigation in order to ascertain whether a party is in possession of a state license, and/or is in compliance with other state-mandated requirements.
(3) Unless waived by the Building Official, an investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this title. A party aggrieved by the imposition of a special investigation fee may appeal the imposition of the special investigation fee to the Albany Building Board of Appeals in the manner prescribed in Chapter 18.14 AMC. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this title or the technical codes, nor from any penalty prescribed by law. (Ord. 5647 § 1 (Exh. A), 2006).
18.06.110 Not transferable.
A permit issued to one person or firm is not transferable and shall not permit any other person or firm to perform any work thereunder unless specifically approved by the Building Official. (Ord. 5647 § 1 (Exh. A), 2006).
18.06.120 Suspension/revocation.
The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this title and the technical codes whenever the permit is issued in error on the basis of incorrect information supplied, or if its issuance, or activity thereunder, is in violation of any state or local statute, code, or regulation, or if the permittee violates any term or condition of the permit or this title. (Ord. 5647 § 1 (Exh. A), 2006).
18.06.130 Swimming pools – Permit required.
Any person, firm or corporation desiring to construct a private swimming pool in the City of Albany, prior to commencing of construction, is hereby required to obtain a building permit. (Ord. 5647 § 1 (Exh. A), 2006).
Chapter 18.08
INSPECTIONS
Sections:
18.08.010 Inspections – Generally.
18.08.020 Inspection requests.
18.08.030 Inspections required.
18.08.040 Reinspections.
18.08.050 Inspection record card.
18.08.060 Other inspections.
18.08.070 Special inspections.
18.08.080 Approval required.
18.08.090 Certificate of occupancy.
18.08.100 Proceeding without inspection or approval.
18.08.010 Inspections – Generally.
(1) Construction or work for which a permit is required shall be subject to inspection by the Building Official and the construction or work shall remain accessible and exposed for inspection purposes until approved by the Building Official. In addition, certain types of construction shall have special or continuous inspection as specified in the State Building Code.
(2) Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this title or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this title or of other ordinances of the jurisdiction shall not be valid.
(3) It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor this jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
(4) A survey of the lot may be required by the Building Official to verify that the structure is located in accordance with the approved plans. (Ord. 5647 § 1 (Exh. A), 2006).
18.08.020 Inspection requests.
(1) It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection, and to make provision for access during normal business hours. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired.
(2) It shall be the duty of the person requesting any inspections required by this title to provide safe access to and means for inspection of such work, including any and all required special equipment, tools, ladders, belts, clothes, or other protective equipment or devices.
(3) It shall be the duty of the permit holder or authorized agent to request all inspections that may be necessary, or otherwise required, in a timely manner, to provide access to the site, and to provide all equipment as may be deemed necessary or appropriate by the Building Official. The permit holder shall not proceed with construction activity until authorized to do so by the Building Official.
(4) Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available an inspection record card, if required, such as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained at the worksite in good order and in clean, legible condition by the permit holder until final approval has been granted by the Building Official. (Ord. 5647 § 1 (Exh. A), 2006).
18.08.030 Inspections required.
(1) All construction or work for which a permit is required shall be subject to inspection by the Building Official and all such construction or work shall remain accessible and exposed for inspection and test purposes until approved by the Building Official. No work shall be covered until approved and signed off for that stage of the project or work.
(2) It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes including providing any necessary ladders, walkways, lighting, carpet runners for protection of carpet or other equipment necessary for safe access and inspection. Neither the Building Official, deputies nor the jurisdiction shall be liable for expense entailed in the removal, cleaning or replacement of any equipment or material required to allow inspection.
(3) Inspection and approval by the Building Official is not to be construed as relieving the permit holder of his/her responsibility to correct any deficiencies that are later discovered, even though they may have existed at the time of the original inspection and approval.
(4) Unless waived by the Building Official, a survey of the lot and the placing of, or revealing of, property pins shall be required to verify that the structure is located in accordance with the approved plans. (Ord. 5647 § 1 (Exh. A), 2006).
18.08.040 Reinspections.
(1) A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This subsection is not to be interpreted as necessarily requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this title, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.
(2) Reinspection fees may be assessed when the inspection record card is not posted or is otherwise unavailable on the work site, when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.
(3) In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid, unless authorized by the Building Official. (Ord. 5647 § 1 (Exh. A), 2006).
18.08.050 Inspection record card.
It is the responsibility of the permit holder to post or otherwise make available an inspection record card, such as to allow the Building Official to conveniently make the required entries thereon regarding inspection results of the work at the time of the inspection. It is the responsibility of the permit holder to refer to this card for the status of the inspections. This card shall be maintained at the worksite in good order and in clean, legible condition by the permit holder until final approval has been granted by the Building Official. (Ord. 5647 § 1 (Exh. A), 2006).
18.08.060 Other inspections.
In addition to the called inspections specified above, the Building Official may make or require other inspections of any construction work to ascertain compliance with the provisions of this title and other laws which are enforced by the City. (Ord. 5647 § 1 (Exh. A), 2006).
18.08.070 Special inspections.
Special inspections shall be conducted as required by the State Building Code. In addition, additional inspections may be determined necessary and required by the Building Official. The Building Official shall approve any special inspector prior to any inspections. All special inspections shall be conducted as required by the Building Division’s operational plan and prior to the regular and corresponding city inspection. It shall be the responsibility of the permit holder to ensure that the results of the special inspection are made available to the Building Official and the city inspector at the job site prior to, and at the time of, the city inspection. (Ord. 5647 § 1 (Exh. A), 2006).
18.08.080 Approval required.
(1) Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate that that portion of the construction is satisfactory as completed, or shall notify the permit holder, or an agent of the permit holder, wherein the same fails to comply with this title. Any portions which do not comply shall be corrected and such portion(s) shall not be covered or concealed until authorized by the Building Official.
(2) Unless an alternate method of notification is approved by the Building Official, the form of notification shall be a minimum of a written notice left at the job site. Any work that does not comply with this title and/or the technical codes shall be corrected and such work shall not be covered or concealed until authorized by the Building Official.
(3) Prior to occupancy, there shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use. (Ord. 5647 § 1 (Exh. A), 2006).
18.08.090 Certificate of occupancy.
(1) Upon approval for occupancy, the Building Official shall issue a certificate of occupancy.
(2) In Group R-3 (one- and two-family dwelling) and U occupancies, the final approval and sign-off of the permit shall serve as the certificate of occupancy.
(3) The certificate of occupancy for buildings other than single-family dwellings and U occupancies shall be posted in a conspicuous place and shall not be removed except by the Building Official.
(4) In cases where there are outstanding corrections and/or deficiencies that do not present a hazard or immediate public concern, the building official may grant a temporary certificate of occupancy. When granting a temporary certificate of occupancy, the Building Official shall provide the permit holder with conditions and time restrictions for compliance and final approval.
(5) Upon failure to obtain final approval and a certificate of occupancy, when applicable, and/or upon the expiration of the permit, the Building Official, in addition to other remedies, may file a notice of noncompliance with the County Recorder. To remove the notice, proof of compliance must be provided and all enforcement costs, recording costs, and filing costs determined by the Building Official must be paid by the permit holder.
(6) Changes in the character or use of a building shall not be made except as specified in the Building Code.
(7) The Building Official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this title when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure, or portion thereof, is in violation of an ordinance, regulation, or the provisions of this title. (Ord. 5647 § 1 (Exh. A), 2006).
18.08.100 Proceeding without inspection or approval.
Work performed without approval shall be required to be exposed for inspection, and any costs due to damage, such as the repair to sheetrock, masonry, concrete, siding, and any investigation or penalties shall be the responsibility of the permittee and/or owner. (Ord. 5647 § 1 (Exh. A), 2006).
Chapter 18.10
COMPLIANCE AND ENFORCEMENT
Sections:
18.10.010 Creation of enforcement program.
18.10.020 Designated authority.
18.10.030 Powers and duties of Building Official.
18.10.040 Deputies.
18.10.050 Right of entry.
18.10.060 Stop work orders.
18.10.070 Occupancy violations.
18.10.080 Authority to disconnect utilities.
18.10.090 Authority to condemn building service equipment.
18.10.100 Connection after order to disconnect.
18.10.110 Liability.
18.10.120 Unlawful acts.
18.10.130 Notice of violation.
18.10.140 Form of notices and orders.
18.10.150 Method of service.
18.10.160 Enforcing compliance.
18.10.170 Prosecution of violation.
18.10.180 Recording notice of substandard or nonconforming condition(s).
18.10.190 Transfer of ownership.
18.10.200 Penalties.
18.10.010 Creation of enforcement program.
As required by ORS 455.150(3), there is hereby established in this jurisdiction a code enforcement program which shall be under the administrative and operational control of the Building Official. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.020 Designated authority.
Whenever the term or title “administrative authority,” “responsible official,” “Building Official,” “Chief Inspector,” “Code Enforcement Officer,” or other similar designation is used herein or in any of the technical codes, it shall be construed to mean the Building Official designated by the appointing authority of this jurisdiction, as per ORS 455.150(3). (Ord. 5647 § 1 (Exh. A), 2006).
18.10.030 Powers and duties of Building Official.
(1) The Building Official is authorized and directed to enforce all provisions of this title and the referenced technical codes. For such purposes, the Building Official shall have the powers of a law enforcement officer, including the power to issue citations for violations of this title and/or the State Building Code as permitted under ORS 455.153, to grant modifications, and to secure property based upon probable cause even though the violation is not committed in the Building Official’s presence.
(2) Per ORS 455.148(3), the Building Official shall have the authority to render written and oral interpretations of this title and the referenced technical codes, and to adopt and enforce administrative procedures in order to clarify the application of its provisions. Such modifications, interpretations, rules, and regulations shall be in conformance with the intent and purpose of this title and the State Building Code.
(3) For purposes of the State Building Code and the Albany development code, in furtherance of public health, safety, and welfare, the Building Official shall have the authority to abate conditions which are contrary to, or in violation of, this title or the referenced technical codes, or which otherwise make the building or premises substandard, unsafe, dangerous, uninhabitable, or hazardous. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.040 Deputies.
In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint technical officers and inspectors, other employees, and contractors to carry out the functions of the enforcement of this title and the referenced technical codes. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.050 Right of entry.
(1) When necessary to make an inspection to enforce the provisions of this title or the referenced technical codes, or when the Building Official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to, or in violation of, this title, or which otherwise makes the building or premises substandard, unsafe, dangerous or hazardous, the Building Official may enter said building or premises at reasonable times to inspect or to perform the duties imposed by this title.
(2) The Building Official may request entry of said building or premises when there are reasonable grounds to believe the property is substandard, unsafe, dangerous, hazardous, or when there are reasonable grounds to believe that there has been work done that would otherwise require a permit. If such building or premises be occupied, credentials shall first be presented to the occupant and entry requested. If such building or premises are unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry.
(3) If entry is refused or the owner cannot be located, the Building Official or any duly appointed representative of the City may appear before any judge empowered to issue warrants, including the Municipal Judge of the City of Albany, and request such judge to issue an inspection warrant, directing it to any peace officer, as defined in ORS 161.015, to enter the described property to remove any person or obstacle and assist the Building Inspector or representative of the department inspecting the property in any way necessary to complete the inspection. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.060 Stop work orders.
When work is being done contrary to the provisions of this title, the State Building Code, or other pertinent laws or ordinances, including the Albany development code, implemented through the enforcement of this title, the Building Official may order the work stopped by notice, in writing, served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until authorized by the Building Official to proceed with the work. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.070 Occupancy violations.
When a building, structure, premises, or building service equipment therein is being used contrary to the provisions of this title, the State Building Code, or the certificate of occupancy, the Building Official may order such use discontinued, and the structure or premises vacated, by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of notice to make the structure, premises, or portion thereof comply with the requirements of this title, the referenced codes, and the certificate of occupancy. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.080 Authority to disconnect utilities.
(1) Where necessary to eliminate an immediate hazard to life or property, or enforce this title, the State Building Code, or the Albany development code, the Building Official or the Building Official’s authorized representative shall have the authority to order the disconnection of a utility service supplied to a building, structure, premises, or building service equipment therein which is regulated by this title, the State Building Code, or the Albany development code, or when necessary to eliminate a danger to public health, safety, or welfare.
(2) The Building Official shall, whenever possible, notify the owner and/or the occupant(s) of the building, structure, premises, or building service equipment of the decision to disconnect prior to taking such action, and shall notify such owner and/or occupant of the building, structure, premises, or building service equipment, in writing, of such disconnection within a reasonable time thereafter. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.090 Authority to condemn building service equipment.
(1) When the Building Official ascertains that building service equipment, or any portion thereof, regulated by this title or the technical codes, has become hazardous to life, health, or property, or has become unsanitary, the Building Official may order, in writing, that such equipment either be removed or restored to a safe or sanitary condition, as deemed appropriate by the Building Official. If it is determined that the equipment presents an immediate hazard to health, safety, or welfare, the Building Official may order it disconnected immediately. The written notice itself shall fix a time limit for compliance with such order. The use of such defective building service equipment shall not be maintained after receiving such notice.
(2) When such equipment or installation is to be disconnected, a written notice of such disconnection and the causes therefor shall be given within a reasonable time thereafter to the owner and/or the occupant of such building, structure, or premises.
(3) When any building service equipment is maintained in violation of this title, the technical codes, or a notice issued pursuant to the provisions of this section, the Building Official may institute appropriate action to prevent, restrain, correct, or abate the violation. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.100 Connection after order to disconnect.
Persons shall not make connections from an energy, water, fuel, or power supply, nor supply energy or fuel to building service equipment regulated by this title or the referenced codes which has been disconnected or ordered to be disconnected by the Building Official, or the use of which has been ordered to be discontinued by the Building Official, until the Building Official authorizes the reconnection and use of such equipment. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.110 Liability.
(1) The Building Official or his/her deputies charged with the enforcement of this title and the technical codes, acting in good faith and without malice in the discharge of his/her duties, shall not thereby be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official or deputy because of such act or omission performed by the Building Official or deputy in the enforcement of the provisions of such codes or other pertinent laws or codes implemented through the enforcement of this title or enforced by the Code Enforcement Agency shall be defended by the City of Albany until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the City of Albany.
(2) This title shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling a building, structure, or building service equipment therein for damages to persons or property caused by defects, nor shall the City of Albany be held as assuming such liability by reason of the inspections authorized by this title or permits or certificates issued under this title. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.120 Unlawful acts.
(1) It shall be unlawful for a person, firm, or corporation to be in conflict with, or in violation of, any of the provisions of this title.
(2) Nothing contained in this title shall impose any duty upon the City of Albany, or any agent, official, or employee thereof, to abate, enjoin, prevent, or correct any defect, violation, or condition regulated or prohibited by this chapter. The City shall exercise discretion to determine whether any particular circumstance warrants or requires an official response. In making such determinations, the appropriate employees and officials shall consider all known facts and circumstances including, but not limited to, the likelihood of injury, the seriousness of the violation, the availability of City resources, both staff and financial, to address the concern, and direction from the City Council. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.130 Notice of violation.
(1) Whenever the Building Official determines that there has been a violation of the State Building Code, this title, or any provisions of the Albany development code, or has grounds to believe that a violation has occurred, the Building Official may serve a correction notice in accordance with the State Building Code, or a stop work order in accordance with AMC 18.10.060.
(2) In instances of continued noncompliance regarding substandard or nonconforming conditions relating to buildings, premises, or structures, or in instances of dangerous buildings, premises, or structures, notice of violation and order shall be served in accordance with AMC 18.10.140 and 18.10.150. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.140 Form of notices and orders.
Such notices and orders prescribed in AMC 18.10.130 shall be in accordance with all of the following:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the violation(s), a brief and concise description of the conditions found, and why the notice and/or order is being issued;
(4) Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the structure or premises into compliance with the provisions of this code;
(5) Include a statement advising that if any required repair or demolition work is not commenced within the time specified, the Building Official will order the building vacated and posted to prevent further occupancy until the work is completed, and may proceed to cause the work to be done and charge the costs thereof against the property or its owner;
(6) Include a statement of the City’s right to file a lien, in accordance with AMC 18.12.030, and/or a notice of substandard or nonconforming conditions, in accordance with AMC 18.10.180; and
(7) Inform the property owner(s) or responsible party of the right to appeal and the appeal process. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.150 Method of service.
Such notices and orders shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally;
(2) Sent by certified or first-class mail addressed to the last known address of the property owner(s) or responsible party;
(3) Sent by certified or first-class mail addressed to the listed address of the property owners(s) or responsible party as shown by the records of the Oregon Department of Motor Vehicles, United States Post Office, county tax records, or other similar governmental source; or
(4) If notice and/or order is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice and/or order. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.160 Enforcing compliance.
To enforce any of the requirements of this title, the State Building Code, or the Albany development code, the Building Official may gain compliance by:
(1) Instituting an action as set out in this chapter below;
(2) Causing appropriate action to be instituted in a court of competent jurisdiction; or
(3) Taking other action as the Building Official, in the exercise of the Building Official’s discretion, deems appropriate. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.170 Prosecution of violation.
Any person failing to comply with a notice of violation or order, served in accordance with AMC 18.10.150, shall be deemed guilty of a misdemeanor, unless the City requests that the violation be treated as an infraction, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Building Official may institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any abatement costs, including overhead, staff time, and other administrative costs incurred by the City, shall be charged against the real estate upon which the structure is located, and shall be a lien upon such real estate, as described in AMC 18.12.030. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.180 Recording notice of substandard or nonconforming condition(s).
In instances of continued noncompliance with any provisions of this title, and after notice has been given by the Building Official regarding deficient, substandard, noncomplying or nonconforming condition(s) relating to the property, premises, or structures, the Building Official may, in addition to other remedies, record upon the title of the property a notice of substandard or nonconforming condition(s). Any such notice shall include a detailed description of the substandard or nonconforming condition(s) and may only be removed once the substandard or nonconforming condition(s) is/are abated. Enforcement costs shall be paid prior to any removal of liens or notices resulting from enforcement action. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.190 Transfer of ownership.
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. (Ord. 5647 § 1 (Exh. A), 2006).
18.10.200 Penalties.
Any person or business entity which violates any term or provision of this title shall be subject to any or all of the following penalties:
(1) Penalty for First-Time Violation.
(a) In the case of a violation committed by someone who holds a contractor’s license issued by the state of Oregon, or someone who is not so licensed but charges, or charged, a fee for the work in question, a civil penalty of $1,000 per violation shall be assessed. If the violation is corrected within 10 working days of the issuance of the citation, the civil penalty shall be reduced to the greater of $250.00, or double the applicable permit fee, up to a maximum of $1,000.
(b) In the case of a violation committed by a property owner who causes work to be done by unpaid persons, or performs work on his/her own property and does not hold a contractor’s license, or transfers property in violation of AMC 18.10.190, a civil penalty of $500.00 per violation shall be assessed. If the violation has been corrected within 10 working days of the issuance of the citation, the civil penalty shall be reduced to the greater of $125.00 or double the applicable permit fee, up to a maximum of $500.00.
(c) In the case of a violation of Chapter 18.28 or 18.30 AMC or the Albany development code, a civil penalty of $500.00 per violation shall be assessed. If the violation has been corrected within 10 working days of the issuance of the citation, the civil penalty shall be reduced to $250.00 per violation.
(2) Repeat Violations.
(a) In the case of subsequent violations of this title by the same person, business, or corporation within 12 consecutive months, the civil penalty for each subsequent violation shall be doubled.
(b) The doubled penalty amount shall remain due even if correction is achieved within 10 working days.
(3) Violations Which Present an Imminent Life Safety Hazard.
(a) In those cases where the Building Official determines that the violation presents an imminent risk of serious physical injury or death to any person, civil penalties shall be doubled.
(b) The doubled penalty amount shall remain due even if correction is achieved within 10 working days.
(c) The Building Official’s determination of imminent risk of serious injury or death to any person shall be subject to review by the Building Board of Appeals upon appeal and the doubled penalty shall not be due if the Building Board of Appeals concludes that the Building Official’s assessment of hazard was in error.
(4) Application of Collected Cost Recovery and Penalties.
(a) When abatement of a violation is resolved without issuing a citation, all funds collected by the City pursuant to this section shall be paid to such accounts as the City may maintain for the support of the City Building Division.
(b) When abatement of a violation is achieved by issuing a citation, but there is not action on the violation in Municipal Court, 30 percent of the funds collected by the City pursuant to this section shall be paid to the court for overhead costs, and the remaining 70 percent shall be paid to Building Division accounts.
(c) When abatement of a violation is achieved by action in Municipal Court, all funds collected by the City pursuant to this section shall be paid to such accounts as the City may maintain for the support of the Municipal Court.
(5) The penalties provided herein are in addition to any other remedies available. The imposition of the penalties herein shall not preclude the Building Official from instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises.
(6) Every day, or portion thereof, during which any violation of any provision of this title is committed, continued or permitted, may be a separate offense. (Ord. 5647 § 1 (Exh. A), 2006).
Chapter 18.12
FEES AND COST RECOVERY
Sections:
18.12.010 Fees – Generally.
18.12.020 Fee refunds.
18.12.030 Cost recovery.
18.12.010 Fees – Generally.
(1) Fees charged under this title shall be as adopted by resolution.
(2) The Building Official shall make the determination of value or valuation under any provisions of this title. The value to be used in computing the building permit and plan review fees shall be the total value of all construction work and may include all finish work, parking lots, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. Plan review and inspection fees shall be based on valuation, but the minimum fee shall be no less than the actual costs plus overhead of the plan review and the actual costs plus overhead of the inspections.
(3) Each activity, enforcement action, or program shall be provided with its own funding source and one program shall not support another, as required by ORS 455.770 and 455.210(3)(c). (Ord. 5647 § 1 (Exh. A), 2006).
18.12.020 Fee refunds.
(1) The Building Official may authorize the refunding of any fee, or a portion of a fee, paid hereunder which was erroneously paid or collected.
(2) The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this title.
(3) The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review effort has been expended.
(4) The Building Official may not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment, unless written application is otherwise waived by the Building Official. (Ord. 5647 § 1 (Exh. A), 2006).
18.12.030 Cost recovery.
(1) Recovery of costs for investigations and/or enforcement actions deemed necessary and taken by the City to correct violations of this title, the State Building Code, the Albany Municipal Code, the development code, or violations of other laws or codes enforced by the City shall be paid by the responsible person(s) and/or the owner(s) of the property where said substandard or nonconforming condition or violation exists/existed. The Building Official shall keep an itemized account of the expense, including staff costs, materials, and third-party costs, incurred by this jurisdiction in the investigation and abatement of said conditions or violations, including the repair or demolition of any structure, done pursuant to this code. Upon completion of the City’s abatement of the condition, the Building Official shall prepare a statement specifying the work done, the itemized and total cost of the work, a description of the real property on which the building or structure is or was located, and the names and addresses of the persons entitled to notice. Said statement shall be hand-delivered or mailed by first-class mail, postage prepaid, at the address shown in the records of the City Building Division or, in the absence of such records, as revealed on the tax assessment records of Linn or Benton County, to the responsible person for payment.
(2) The property owner, or other person(s) responsible for enforcement costs or penalties, may appeal in the manner provided in Chapter 18.14 AMC. The issues on appeal shall be limited to the following:
(a) Whether or not a violation of this title occurred, other than a decision of the Building Official appealable pursuant to AMC 18.14.010; and
(b) The reasonableness of the amount of time and/or other expenses charged by the City in response to said violation. This consideration shall apply only to cost recovery and not to the amount of a penalty.
(3) If payment or notice of appeal has not been made within 60 days of the date notice was mailed or delivered, the Building Official, or designee, shall provide a statement identifying the property and structure, the amount of the costs, fees, and/or penalties plus additional charges to cover overhead and administrative costs to the City Recorder, who shall record all such costs in the City lien docket and shall provide notice of the lien to the County Recorder for the county in which the property is located. The County Recorder shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.
(4) Immediately on its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall continue until the assessment and all interest due and payable thereon are paid.
(5) The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection, and enforcement of property taxes shall be applicable to such assessment.
(6) 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 nine percent per annum from and after said date.
(7) All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the treasurer of this jurisdiction, who shall credit the same to the Division of Building Inspection repair and demolition fund.
(8) The lien shall be removed when all costs, fees, penalties, and interest have been paid and all violations noted and the original and subsequent notices of violations have been corrected. (Ord. 5647 § 1 (Exh. A), 2006).
Chapter 18.14
APPEALS
Sections:
18.14.010 Appeal to the state.
18.14.020 Appeal to Building Board of Appeals.
18.14.030 Creation of Building Board of Appeals.
18.14.040 Appeal procedure.
18.14.050 Staying of order under appeal.
18.14.010 Appeal to the state.
(1) A person aggrieved by a decision made by the Building Official relating to the State Building Code shall first appeal to the appropriate State Specialty Code Chief Inspector of the Oregon Department of Consumer and Business Services, as required in OAR 918-008-0120. The decision of the Department Chief Inspector may be appealed to the appropriate state advisory board. The decision of the advisory board may only be appealed to the Director of the Department of Consumer and Business Services if state-mandated codes, in addition to the applicable specialty code, are at issue.
(2) Citations or penalties issued by the State Building Codes Division are entitled to judicial review in accordance with ORS 183.482. A person aggrieved by such a citation or penalty may request a judicial review by filing a petition with the Court of Appeals in Salem, Oregon, within 60 days from the date of the order. Such citations and penalties are not appealable through this section. (Ord. 5647 § 1 (Exh. A), 2006).
18.14.020 Appeal to Building Board of Appeals.
A person aggrieved by a decision made by the Building Official relating to any law, code, or regulation, other than a provision of the State Building Code, may appeal to the Albany Building Board of Appeals as set forth in this title. This shall serve as the appeal procedure for all decisions made by the Building Official pursuant to the dangerous buildings and the property maintenance chapters herein. (Ord. 5647 § 1 (Exh. A), 2006).
18.14.030 Creation of Building Board of Appeals.
(1) In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application, enforcement, and interpretation of provisions of this title which are not governed by the State Building Code, there shall be and hereby is created a Board of Appeals consisting of five members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as secretary to said board, but shall have no vote on any matter before the board. The Board of Appeals shall be appointed by the City Council of the City of Albany and shall hold office at the Council’s pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.
(2) The Board of Appeals makes determinations on a case-by-case basis, and shall have no authority relative to interpretation of the administrative provisions of this title, nor shall the board be empowered to waive requirements of this title. For example, the Board of Appeals may review the Building Official’s discretionary determination that a structure is dangerous, but not the ensuing remedy. (Ord. 5647 § 1 (Exh. A), 2006).
18.14.040 Appeal procedure.
(1) An appeal shall be in writing, shall describe the basis for the appeal, and shall first be filed with the Building Official. No appeal shall be timely unless it is actually received at the office of the Building Official within 14 days of the Building Official’s determination which is the subject of the appeal.
(2) Following receipt of such an appeal, the Board of Appeals shall convene and an opportunity for hearing shall be granted both to the appellant and to the Building Official or designee. The Building Board of Appeals shall notify all parties of the hearing date and time at least 10 days prior thereto. The Building Board of Appeals shall operate under such rules of procedure as it may, from time to time, promulgate.
(3) The decision of the Building Board of Appeals shall be rendered within 60 days of the Building Official’s receipt of the appeal, unless both parties stipulate to an extension of time. The Building Board of Appeals’ decision shall be in writing and shall be final upon receipt. All notices given by the Board shall be given to the appellant by first-class mail at the address indicated by the appellant on the notice of appeal and shall be deemed received three days after mailing.
(4) An appeal of the Building Board of Appeals’ decision shall be made in writing to the Albany City Council within 14 days of the Board’s notice of said decision.
(5) All work which is the subject of a permit, interpretation, or other matter under appeal shall be suspended pending resolution of the appeal. (Ord. 5647 § 1 (Exh. A), 2006).
18.14.050 Staying of order under appeal.
Except for vacation orders made pursuant to AMC 18.28.060, enforcement of any notice and order of the Building Official issued under this title shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. 5647 § 1 (Exh. A), 2006).
Chapter 18.16
DEMOLITION
Sections:
18.16.010 Demolition – Permit – Required.
18.16.020 Demolition – Permit – Expiration.
18.16.030 Demolition – Permit – Suspension or revocation.
18.16.040 Demolition – Notification of utilities.
18.16.050 Demolition – Cleanup.
18.16.010 Demolition – Permit – Required.
Unless waived by the Building Official, any demolition of any structure requires a permit. The cost of the permit shall be determined by the Building Official and shall be based on factors such as the number of inspections required and the value of the work. (Ord. 5647 § 1 (Exh. A), 2006).
18.16.020 Demolition – Permit – Expiration.
Every demolition permit issued by the Building Official under the provisions of this title shall expire by limitation and become null and void if the demolition work is not commenced within 180 days from the date of such permit, or if the work authorized by such demolition permit is not completed within the time limit established by the Building Official. The Building Official may grant an extension of time limit if it is apparent that the permit holder has made every effort to meet the time limit and will be unable to do so because of unusual or difficult conditions. (Ord. 5647 § 1 (Exh. A), 2006).
18.16.030 Demolition – Permit – Suspension or revocation.
The Building Official may, in writing, suspend or revoke a demolition permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any code or regulation or any of the provisions of this chapter. (Ord. 5647 § 1 (Exh. A), 2006).
18.16.040 Demolition – Notification of utilities.
All utility companies, such as telephone, power, water, sewer, gas, and TV, shall be notified by the applicant to disconnect all of such services from the main lines to the building. (Ord. 5647 § 1 (Exh. A), 2006).
18.16.050 Demolition – Cleanup.
All debris, stumps, broken concrete, brick and other material shall be completely removed from the premises. All ground surfaces shall be raked clean and graded evenly within 30 days of completion of demolition. (Ord. 5647 § 1 (Exh. A), 2006).
Chapter 18.18
MOVING BUILDINGS
Sections:
18.18.010 Permit – Required.
18.18.020 Permit – Conditions.
18.18.040 Permit – Application – Contents.
18.18.060 Permit – Issuance conditions.
18.18.090 Permit – Revocation.
18.18.120 Litter.
18.18.130 Liability.
18.18.010 Permit – Required.
A building permit is required for moving any building regulated by the State Building Code, per ORS 455.410. (Ord. 5647 § 1 (Exh. A), 2006).
18.18.020 Permit – Conditions.
The permit shall specify:
(1) The route for the building;
(2) The time in which the moving is to be completed;
(3) Whatever additional conditions the Building Official deems necessary to rehabilitate the building to the minimum requirements of state and local codes. (Ord. 5647 § 1 (Exh. A), 2006).
18.18.040 Permit – Application – Contents.
An application for a permit to move a building will be submitted to the Building Official and so state the following information:
(1) The location for which the building is proposed to be moved;
(2) A site plan of the proposed site of the building, including setbacks;
(3) The proposed route for moving the building, including the location of any trees that may be impacted as a result of the move;
(4) The dimensions of the building;
(5) The type of construction of the building;
(6) The approximate age of the building;
(7) New foundation details; and
(8) Such additional information as the Building Official deems necessary. (Ord. 5647 § 1 (Exh. A), 2006).
18.18.060 Permit – Issuance conditions.
The Building Official shall issue such permit applied for:
(1) If the building at its new site will conform to the land use requirements of the City.
(2) The building shall meet all of the requirements of the State Building Code and local building, fire, land use, electrical and sanitation codes and ordinances, as required by ORS 455.410. (Ord. 5647 § 1 (Exh. A), 2006).
18.18.090 Permit – Revocation.
A permit issued pursuant to this chapter may be summarily revoked in the event that the permittee violates any term of the permit or this chapter. (Ord. 5647 § 1 (Exh. A), 2006).
18.18.120 Litter.
The party moving a building pursuant to a permit authorized by this chapter shall promptly remove from public thoroughfares and private property all litter produced by the moving and shall clean up and leave the site from which the building is moved in a sightly condition. (Ord. 5647 § 1 (Exh. A), 2006).
18.18.130 Liability.
Permits shall not constitute authorization for damaging property. Permits shall constitute no defense against whatever liability the permittee incurs for personal injury or property damage caused by the moving. (Ord. 5647 § 1 (Exh. A), 2006).
Chapter 18.20
OTHER STRUCTURES
Sections:
18.20.010 Temporary structures.
18.20.020 Portable structures.
18.20.010 Temporary structures.
(1) Approval. A temporary structure may not be constructed or placed upon real property without prior approval by the City. The approval may limit the duration of time during which the structure may be sited, used, or occupied. The approval will be site-specific and a temporary structure may not be relocated to any other site without a new approval having been obtained.
(2) Connections. No temporary structures shall be permanently connected to any utilities and all utility connections should be disconnected and removed immediately upon removal of the temporary structure or expiration of the placement approval. The Building Official may require water and sanitation facilities when necessary for public health considerations. (Ord. 5647 § 1 (Exh. A), 2006).
18.20.020 Portable structures.
(1) Approval. A portable structure may not be constructed or placed upon real property without prior approval by the City. The approval may limit the duration of time during which the structure may be sited, used, or occupied. The approval will be site-specific and a portable structure may not be relocated to any other site without a new approval having been obtained.
(2) Connections. No portable structures shall be permanently connected to any utilities and all utility connections should be disconnected and removed immediately upon removal of the portable structure or expiration of the placement approval. The Building Official may require water and sanitation facilities when necessary for public health considerations.
(3) Placement. Structures such as cargo containers and other preconstructed structures shall not be placed in parking lots or areas not specifically approved for such use and shall not be used in place of permanent structures. (Ord. 5647 § 1 (Exh. A), 2006).
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 bu
