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HomeMy WebLinkAboutOrdinance No. 19150ORDINANCE NO. `~~Q AN ORDINANCE CONCERNING ABATEMENT OF DANGEROUS BUILD2NGS, THE HOUSINGfWEATHERIZATION CODE; AMENDING SECTIONS 8.005, $.265, 8.270, 8.275, 8.280, 8.285, S« 290, 8.295, 8.300, $.305, .AND 8.310 OF THE EUGENE CODE, 1971; REPEALING SEC- TI ONS 8.315 , 8.3 2 0 AND 8.3 6 5 OF THAT coDE ; AND DECLARING AN EMERGENCY. THE CITY of EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subsection ~2~ of Section 5.005 of the Eugene Code, 1971, is hereby amended to read and provide: s.ao5 ~2} Section.203 - Unsafe Buildin s, Structures, or Building Service E ui menu is hereby amended by adding a sec- tion 2 0 3--B thereto, to provide Section 203-8 ~- Abatement of Dan erous Buildings. tai Unlawful. No person who is the owner of or who is in possession of or in responsible charge of any dangerous building within the city shall knowingly suffer ar permit such building or unsafe appendage to be or remain dangerous far more than ten ~10~ days after receipt of notice as provided by subsection ~c} . ~b7 Definition. For the purpose of the Eugene Code, 19?l, the term "dangerous building" shall mean: 1. Any structure, building, building appen- dage, or building service equipment defined in general by section 203 which is determined by the building official, to be deficient in terms of life safety, including but not limited to, inadequate exit way facilities. The term inadequate exit way facilities, for the purpose of this section 203, shall mean exit facilities which did not conform with all applicable laws at the time of their con- struction, which have not been properly maintained in good condition, or which have not been properly modified to cope with any increase in any occupant load, any alteration or addition to the building, or change in occupancy of the building. 2. Any structure, building, or building appendage which, because of improper construction, damage, structural weakness, or deterioration, dilapidation by reason of age, or for the lack or want of maintenance and proper repair, is struc- turally unsound and which could lead to its partial or entire collapse so as to endanger other prop- erties or human life. These conditions may in~- Ordinance - 1 l~~~o clude, in addition to others: a. Deteriorated or inadequate founda- tions. b. Defective or deteriorated flooring or floor supports. c. Flooring or floor supports of insuf- ficient size to safely carry imposed loads. d. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective materials, methods of construction or deterioration. e. Members of walls, partitions or other vertical supports which are of insuf- ficient size to safely carry imposed loads. f. Members of ceilings, roofs, cei l- ing and roof supports or other horizontal members which sag, split or buckle, or which are of insufficient size to safely carry im- posed loads. g. Members of ceilings, roofs, ceil- ing and roof supports or other horizontal members which sag, split or buckle, due to defective material, methods of construction or deterioration. h. Fireplaces or chimneys which list, bulge or settle, due to defective material, methods of construction or deterioration. i. Fireplaces or chimneys which are of insufficient size or strength to safely carry imposed loads. 3. Any building appendage or service equip- ment which, because of improper construction, de- teriaratian, improper installation, damage, or for the want of proper repairs, such as defective wir- ing ar equipment, defective gas connection, defec- tive heating apparatus, defective chimney,. or for any other cause or reason, is especially liable to cause fire, electrical shack, or asphyxiation. 4. Any building, structure, or portion thereof, containing any combustible or explosive material, wood, paper, trashy rubbish, rags, waste, oils, gasoline, or flammable substance of any kind especially liable to cause fire or dam- age to the premises or human life, and which is not maintained in accordance with law. 5. Any building, structure, or portion thereof, which is maintained in a filthy or un- sanitary condition, such as through an accumula- tion of garbage, human or animal waste, decaying animal or vegetable matter, wood, paper, trash, rubbish or debris in such a manner so as to attract rodents or be unhealthful. and especially liable to cause a spread of fire or contagious or infectious disease. Qrdinance - Z /q /.~o 6. Any building, structure, or portion thereof, which has not been provided with the fire-resistive construction or fire-extinguishing systems or equipment required by law, or, if built with fire-resistive construction and fire- extinguishing systems or equipment, has not been properly maintained or improved to comply with any increase in occupant load, .any alteration ar addition to the building, or any change in occu- pancy of the building. 7. Any building or structure which contains any. combination of unsafe conditions or items, in- cluding open and abandoned buildings, which could endanger other property or human life. ~c~ Abatement procedures. 1, whenever the building official or his designee shall be of the opinion that there is a dangerous building in the city, such person shall post a notice to vacate. ~. The notice to vacate shall be posted at or upon each exit of the building, and shall be in substantially the following form: DANGEROUS DQ NQT ENTER - UNSAFE TQ GCCUPY DATE of P4STYNG: Notice is hereby given that the building described as Description of building, as vacant two-story house at northeast corner of Green Street and High Street and addressed as: ~.Gfficial Street Address} is unsafe to enter and occupy. The owner or person in responsible charge of this property must remedy the unsafe condition or de- molish the building or the city will proceed to do so and charge the cost thereof to the owner. The owner has ten ~1~~ days from the date of this post- ing to appeal the determination of unsafe building to the Eugene City Council. A request far an appeal may be made by contacting the department of public works, building division, in accordance with section 203-8 ~.c} of the Administrative Code. It is a violation of law to occupy this build- ing or to remove or deface this notice. Building official City of Eugene By• Designee Ordinance -- 3 /9 /so 3. Whenever such "unsafe to occupy" notice is posted, the building official or his designee shall mail to the owner of record and occupant of the building a notice and order reciting the emer- gency, specifying the conditions which necessitate the pasting, and notifying the owner that a hear- ing may be requested concerning the. building at a time and puce to be determined. Such notice and order shall be mailed no later than two working days following the date of posting. 4. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish, or remove such building under permit. No person shall re- move or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Eugene Code, 1971. 5, whenever a building is posted, regard- less of whether the building official or his desig- nee determines that abatement procedures should be initiated, the city manager or his designee shall notify the council of the conditions necessitating the posting or posting and abatement. If the city manager or his designee notifies the council that abatement proceedings should be initiated, or if the property owner or occupant notifies the council in writing that he/she wishes to appeal the posting of the property, the council shall within a reason- able time fix a time and place for a public hear- ing, Notice shall be mailed by the finance officer to the owner of record of the premises whereon the building is located, notifying the owner that a hearing will be held concerning the property and the time and place thereof. At such time and place, or at such other time or place that the council may adjourn to, a hearing shall be held and the council shall determine by resolution whether or not the building is dangerous. The council may, as a part of the hearing, inspect the building and the facts observed by the council at such in- spection may be considered in determining whether or not the building is dangerous. At the hearing, the owner or other interested persons shall have the right to be heard if such owner or person re- quests the same. Ten-day notice of any hearing shall be given by publication in a newspaper of general circulation in the city, or by posting natives in three public places in the city. If the notice is published or posted as provided herein, no irregularity or failure to mail notice ordinance - 4 /9iSo shall invalidate the proceedings. At the hearing, the council shall have the power to declare any building to be dangerous, and order it removed and abated~if in its judgment such removal or abate- ment is necessary in order to remove the dangerous condition. The council shall also have the power to order the building made safe or to prescribe what acts must be done to render the same safe. Five-day notice of the findings and of the order made by the council shall be given to the owner of the building, the owner's agent, or other per- son controlling the same. If the orders are not obeyed and the building rendered safe within the time specif ie~, being not less than five ~ 5 } days from the mailing of the notice, then the council shall have the power and duty to order the build- ing removed or made safe at the expense of the property on which the same may be situated. In that event, the council must specify the work to be done and shall file a statement thereof with the finance officer and shall advertise for bids for the work in a manner prescribed for streets and improvement work. Thereafter, the bids shall be received and opened and the contract let. The council shall ascertain and determine the prob- able cost of the work and assess the same against the property upon which the building is situated. Such assessment shall be declared by an ordinance, and it shall be entered into the docket of city liens and thereupon become a lien against the prop- erty. The creation of the lien and the collection and enforcement of the costs shall be performed in substantially the same manner as the costs of street improvements, but irregularities or infor- malities in the procedures shall be disregarded. ~d} Dan emus building - nuisance. Every build- ing or part thereof which is found by the council to be a dangerous building is hereby declared to be a ublic nuisance and the sam p e may be abated either summarily, through the procedures specified in the preceding sec- tion, or by a salt far abatement .thereof brought by the city in the Circuit Court. Section 2. The caption, and Sections 8.2G5, 8.270, 8.275, 8.280, 8.285, and 8.294 of the Eugene Cade, 1971, are hereby amended to read and provide: Weatherizatian Code 8.265 ti~~eatherization Cade - Title. Sections 8.270~ta 8.310 shall be known as the "City Weatherization Code". Ordinance - 5 ~y~so S. 27q Definitions . For the purposes of this code, the follow- ing words and phrases shall have these meanings.. A proved. Approved as to materials, method of construction and other requirements of this code, re- fern to approval by the building official as the result of investigation and tests conducted by him or by rea- son of accepted principles or tests by national auth- orities, technical or scientific organizations. Attic. The space between the ceiling joists and the roof deck. Basement. That portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. Building. A building or structure, or portion thereof, which is used, designed or intended to be used for human habitation, fvr living, sleeping, cooking or eating purposes. or a combination thereof. Building, existing, A building erected prior to the adoption of this code, or one for which a legal building permit has been issued. Building official. The person designated by the city manager to enforce the provisions of the city weatherization code. Caulking. Pliable materials used to reduce the passage of air and moisture by filling small gaps, in- cluding: a, at fixed joints on a building; b, underneath baseboards inside a build- . ing• r c, exterior walls at electric outlets; d, around pipes and wires entering a building; and e, around dryer vents and exhaust fans in exterior walls. Caulking includes, but is not limited to, weather-~ resistant materials commonly known as "sealants," "putty," and "glazing compounds." Conditioned space. An area, room, or place nor- malty occupied, heated or cooled. Covered residential building. An existing build- ing used~for habitation, either seasonally or permanent- ly, by one ar more persons, containing four or fewer dwelling units, which was constructed with a building permit issued prior to July 1, 1974, or which was built prior to q'uly 1, 1974. Crawlspace. The enclosed space between the first floor and the surface of the ground. Domestic water heater. An appliance designed primarily to supply hot water and equipped with auta- Ordinance ~- G /9 /SD matic controls limiting water temperature to a maximum of 210 degrees Fahrenheit. Dwelling unit. One or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking, and eating. Famil . An individual~or two or mare persons re- lated by blood or marriage, or a group of not more than five persons .excluding servants who need not be related by blood or marriage, living together in a dwelling unit. Habitable room. A room meeting the requirements of this code for sleeping, living, cooking or eating purposes; excluding. such enclosed spaces as closets,. pantries, bath or toilet rooms, service rooms connect- r ing corridors, laundries, unfinished attics, foyers, storage spaces, utility rooms and similar spaces. insulation. Any material or assembly of materials used primarily to provide resistance to heat flow in buildings, including, but not limited to, mineral fib- rous, mineral cellular, organic fibrous, organic cellu- lar, or reflective materials, whether in loose fill, flexible, or semi-rigid form. Joist. A series of parallel framing members used to suppo trtr f loor or ceiling loads and supported in turn by larger beams, girders, or bearing walls. Owner. The owner or owners of the freehold of the premises or any lesser estate therein, a mortgagee or vendee in possession, an assignee for rents, re- ceiver, executor, trustee, lessee or other person, firm or corporation in control of a building. "~" value. Measure of resistance to heat flaw through a material or the reciprocal of the heat flow through a material expressed in British Thermal Units per hour per square foot per degree Fahrenheit at 75 degrees Fahrenheit mean temperature. This definition is intended to produce the same results as Section 5202 of the State Structural Specialty Code. Structure. That which is built or constructed, an ediface or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. ~~leather striping. Narrow strips of material `I~innn~lnim~ placed over or in movable joints of windows and doors to reduce the passage of air and moisture. i Window. A glazed opening, including glazed doors, which open upon a yard, court ar recess from a court, or a vent shaft open and unobstructed to the sky. 8.275 Scope. ~l~ The provisions of this code shall apply to all covered residential buildings, or portions thereof, used or ordinance - 7 /9 ~So designed or intended to be used fay human habitation. ~2} Covered residential buildings now existing which are altered or enlarged after February 9, 1981 shall at that time be made to conform to this code and all other applicable laws. 8.280 Enforcement. The building official is hereby authorized and directed to administer and enforce the provisions of this code. 8.285 Right of Entry far Inspection. Upon presentation of . proper credentials, the building official, ar his duly authorized representati~re, during normal business hours, or at anytime mutually agreeable to the inspector and owner, shall request permission of the owner or occupant in lawful posses- Sion of any covered residential building to enter and inspect the same in order to perform a duty imposed by this code upon him, Neither the building aff icial, nor his duly authorized representative, shall enter a covered residential building where an owner or occupant in possession shall abject to such entry, except where the building official, or representative, shall have first obtained an order authorizing the entry after submitting evidence indicating efforts by the building official to obtaa.n entry far Inspection adequate to justify such an order. 8.290 Building official, Duties. ~l} The inspect~o~~~~ of all covered residential build- ings, or portions thereof, subject to this code for the purpose of determining whether the requirements of this cade have been met. Such inspections may be on an area basis, on the basis of reports to or observations by authorized representatives of the building division or any other authorized city official. ~2} The inspection of a covered residential building, or portion thereof, subject to this code about which complaints have been made by any person. ~3} The preparation of written reports containing de- tails,of each inspection, including the nature of any violations of this code which may have been observed. ~4} The enforcement of the provisions of this code in any court of competent jurisdiction. ~5} The presentation at all hearings conducted by the weatherizatian board of appeals of evidence relevant to the condition of the covered residential building, and other evi- dence that may be considered relevant by the board. Section 3. The present Section 8.310 of the Eugene Code, 1971, Ordinance - 8 l9~so is hereby renumbered 8.295 and amended to read and provide: . 95 Notice b Build,in Uffi ._..` ' y,,; g,,_,,,,,,.r , ' cia1. Inspection reports issued by the building official on any covered residential building shall be sent either by registered or certified mail, or served personally, on all persons having an interest in and to such property, as shown by the records of the county assessor. ,The report shall contain among other things the following information: ~a} The name of the owner or other persons inter- ested, as provided hereinabove. fib} The street address or legal description of the property on which the covered residential building is located. 4.c} In what respects the covered residential building or portion thereof does not comply with the requirements of this code. ~d} The finding of the building official as to what steps it will be necessary to take to comply with the requirements of this code. Section 4. The present Section 8.295 of the Eugene Code, 1971, is hereby renumbered 5.300 and amended to read and provide: 5.300 Duties of owners and Others,~Notices. ~l} The owner of a covered residential building shall be responsible for compliance. with this code, any findings of the building official and orders of the weatherization board of appeals. All other persons in possession of any covered resi- dential building or portion thereof shall comply with this code, any findings of the building official and orders of the weatherization board of appeals, insofar as this code, the find- ings or orders shall affect the possessors. ~z} No owner of any covered residential building to whom any notice of a violation of this code has been given shall sell, transfer or grant such property to another until compliance with the provisions of this code has been secured; or unless the owner shall furnish to the purchaser, transferee or grantee, prior to such sale, transfer ar grant, a true copy of the notice and, at the same time, give adequate notification to the build- ing official of his intent to sell, transfer or grant, and supply the name and address of the person to whom the sale, transfer ar grant is proposed. A purchaser, transferee or grantee, who has been informed of the existence of any viola- tion of this code, shall be bound thereby. Section 5. The present Section 5.300 of the Eugene Code, 1971, is hereby renumbered 8.305 and amended to read and provide: ordinance - 9 /9/50 8.305 Board of A~~eals. .... ~l} The Structural Specialty Code Board of Ap eals, P as established by section 8.0053} of the Eugene Code, 1971, shall act as the ~'eatheri~ation Code Board of Appeals. (2} Procedures. ~a~ A tee for each appeal, as established by resolution of the council, shall be paid to the build- ing official . fib} The building official may waive payment of the appeal fee in cases of economic hardship to the applicant. ~c} All hearings shall be public, and the appel- lant, hls representatives, the building official and any other person whose interests may be affected by the matter on appeal shall be given an opportunity to be heard. ~d} The board shall affirm, modify or reverse the decision of the building official by a concurring vote of three members. fie} The board shall adopt reasonable rules and. regulations for conducting its investigations, shall render all decisions, findings and orders in writing to the building official with a duplicate copy to the appellant and may recommend to the council such new legislation as is consistent herewith. ~ 3 } Duties . ~a} Upon receipt of notice of appeal from the f i~ndings of the building official, filed by the owner or party in interest within 30 days from the date of delivery of such findings, entertain such appeal, con- duct a hearing thereon as provided in subsection ~b}, or upon receipt of a request in writing from the build- ing official to review his decision, entertain such request and conduct a hearing as herein provided. fib} Hold a hearing in order that evidence may be presented by the building official or the owner, occu-~ pant, mortgagee, lessee or any other person having an interest in the matter. ~c} Resolve all matters submitted to it within 60 days from the date of filing of the appeal. In the event the board fails to resolve all matters within 60 days as above provided, the findings of the build- ing official shall be deemed affirmed in full on the sixtieth day and the parties may appeal therefrom as provided by law. Section 6. The present Section 8.305 of the Eugene Cade, 1971, is hereby renumbered 8.310 and amended to read and provide: 8.31D Weatheriza ^__",tion Rewired. All covered residential build- ings builtl~~llpr~or~~~~~~~~~to July 1, 1974, ar constructed pursu-- ordinance - 10 i 9 i.~o ant to a building per~it issued prior to July 1, 1974, shall, after January 1, 1985, have the following weatherization: ~ a } Plaster shall be free of cracks , hales , crumbling or other deterioration. 4b~} Exterior windows and doors shall be water and wind-proof, free of cracks, rot or other deterioration. ~c} Exterior walls, roofs and foundations shall be water and wind-proof, free of cracks, splits, buck- ling, bxeaks, rot, crumbling or deterioration. ~d} Exterior wall coverings shall be adequately painted or otherwise weatherproofed and free of weath- ering and other deterioration. fie} Exterior window and door frames providing access from unconditioned to conditioned space shall be properly caulked. ~f} Exterior windows and doors providing access. from unconditioned to conditioned space shall be proper- . ly weatherstripped. fig} Attics shall be insulated to an R value of 3~ or greater except those: 1. that were insulated to an R value of 11 prior to January 1, 1955; 2. that have a vertical clear height of 30 inches or less; 3, that have structural obstructions which prevent installation of R-30 insulation, so long as it has been insulated to the highest R value reasonably possible; or 4, where placing of insulation would cause otherwise lawful~.y installed electrical wiring to become unsafe or would create afire hazard. t.h} Attics shall be constructed sa as to have: 1, cross ventilation far each separate space; 2, ventilation openings constructed to prevent entrance of rain and snow; 3. net free ventilation openings of 1/15 of the area of the space ventilated or openings of 1/3x4 of the area of the space ventilated provided 54 percent of the required openings are located in the upper portion of the space venti- lated at least three feet above eave or cornice vents with the balance of the required ventilation provided by eave or cornice vents. ~i} Floors shall be insulated to an R value of 19 or mare where the crawl space has a vertical clear height of 18 inches or more, except where insulation exists that was installed prior to January 1, 1985. ~j} Crawl space shall have a vapor barrier with a performance at least equivalent to 6 mills thick polyethylene, except where the crawl space has a vertical clear height of less than 18 inches or where Ordinance -- 11 /9iso the installation of such a vapor barrier would create deteriorating conditions such as poor drainage or de- creased soil bearing capacity. ~k} Domestic water heaters shall be insulated to a total R value that is equivalent to R-16 or more if possible without modifying existing plumbing, ~1} Heaving and return air ducts in uncondi- tioned spaces shall be insulated to an R value of 11 or mare and if the unconditioned space has a vertical clear height of 18 inches or more, except where insu- lation exists that was installed prior to January 1, 1985. Section 7. Sections 8.315, 8,324, and 8.365 of the Eugene Code, 19?l, are hereby repealed, Section 8. That the matters contained herein concern the public welfare and safety, and in order to insure the orderly implementation of these provisions, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 15th day of June, 1983 ~cv~~ ~-(.dl--~-scar---- City ecorder approved by the Mayor this 1 day of June, 983 Mayor ordinance - 12.