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HomeMy WebLinkAboutAdmin Order 53-26-03 Proposed Amendments to Rule R-8.005Administrative Order Page 1 of 3 ADMINISTRATIVE ORDER NO. 53-26-03 of the City Manager of the City of Eugene REGARDING THE OPPORTUNITY TO COMMENT ON A PROPOSAL TO AMEND REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT OF THE BUILDING, FIRE AND OTHER TECHNICAL CODES ADMINISTRATIVE RULE R-8.005. The City Manager of the City of Eugene finds that: A.Section 8.005 of the Eugene Code, 1971 (EC) authorizes the City Manager to, consistent with EC 2.019, adopt regulations, procedures, forms, interpretations, and written policies to implement the provisions of Eugene Code sections 8.005 through 8.010. Pursuant to that authority, on November 6, 2023, the City Manager issued Administrative Order 53-23-03-F adopting Administrative Rule R-8.005. B.Due to economic factors and other challenges effecting development, including high construction material costs, financing costs, labor costs, market uncertainty, and the complexities of constructing large projects within a dense urban environment, I am proposing to update subparagraph R-8.005-B(3)(e)1. of Administrative Rule R-8.005 to grant additional time for building permit applicants to complete the process of obtaining their permits. This proposed amendment will not amend or otherwise affect subparagraph R-8.005-B(3)(e)2.e. adopted by Administrative Order No. 53-25-07-F. C. Two of the subparagraphs in subsection R-8.005-J(6) of Administrative Rule R-8.005 are identified as (b), so it is necessary to renumber the third and successive subparagraphs of subsection R-8.005-J(6) as subparagraphs (c) through (g). THEREFORE, I propose that subsections R-8.005-B(3) and R-8.005-J(6) of Administrative Rule R-8.005 Regulations for Administration and Enforcement of the Building, Fire and Other Technical Codes be amended as set forth below, and I order that a Notice of the intended Rule amendments substantially conforming to the Notice attached as Exhibit A to this Order, shall be: 1.Made available to any person who has requested such notice; 2.Made available to any business which possesses a license issued pursuant to this Rule; 3.Provided to the City Council and, to the extent required by state law, to the state and Lane County; and 4.Published in the Register Guard Newspaper for at least five days. Administrative Order Page 2 of 3 PROPOSED AMENDMENTS TO SECTIONS R-8.005-B and R-8.005-J OF ADMINISTRATIVE RULE R-8.005 REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT OF THE BUILDING, FIRE AND OTHER TECHNICAL CODES (Proposed additions to current Rule are indicated in blue underline; proposed deletions are indicated in red strikethrough.) R-8.005-B PERMITS. *** (3) Determination and Issuance of Permits. *** (e) Expiration. 1. Permit Applications. Applications for which no permit is issued within 360 days following the date of application shall automatically expire, and plans and other data submitted for review may thereafter be destroyed by the City. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant. No application shall be extended more than oncetwice. In order to renew action on an application after expiration, the applicant shall resubmit plans and may be subject to a new plan review fee. *** R-8.005-J ENFORCEMENT. *** (6) Abatement of Dangerous Buildings. *** (bc) Whenever the Building Official or Fire Marshal is of the opinion that there is a dangerous building, he/she shall post upon each exit of the building a notice which: 1.Declares the building unsafe; 2.Prohibits entry; 3.Describes the property by address; 4.Informs the owner, occupant or other responsible person that the unsafe conditions must be remedied within a set period of time, or that the City may proceed to make the building safe or demolish the building and Administrative Order Page 3 of 3 charge the cost to the owner; and 5.States that the determination that the building is a dangerous building can be appealed within ten days from the date of posting. (cd)In addition to posting the dangerous building, the Building Official or Fire Marshal shall send a copy of the posting to all persons identified by the records of the County Department of Assessment and Taxation as the owners of the property and notify them of the emergency and the conditions which necessitated the determination and posting. The notice shall be personally served or sent by certified mail no later than two working days following the date of posting. (de) No person shall remain in or enter any building which has been posted as dangerous, except that entry may be made to repair, demolish, or remove such building under permit. No person shall remove 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 by the Building Official. (ef) Either an owner or tenant of the property may appeal the notice and posting to a hearings official as provided in subsection 8.005(25) of the Eugene Code. In addition to the other authority delegated to the hearings official, the hearings official may order the building removed and abated if in his/her judgment such removal or abatement is necessary in order to remove the dangerous condition. The hearings official also shall have the power to order the building made safe or to prescribe what acts must be done to render the same safe. (fg) Every building or part thereof which is found to be a dangerous building is declared to be a public nuisance, and the same may be abated either summarily under section 6.110 of the Eugene Code or through the procedures specified in this section (6), or by a suit for abatement thereof brought in a court of competent jurisdiction. Dated this ____ day of July, 2026. _____________________________________ Jennifer D. Haruyama City Manager AJB AJB KO MR Jenny Haruyama (Jul 13, 2026 21:51:05 PDT) Jenny Haruyama 13 Exhibit A to Administrative Order No. 53-26-03 Notice - Page 1 of 1 NOTICE OF OPPORTUNITY TO COMMENT ON PROPOSED AMENDMENT OF REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT OF THE BUILDING, FIRE AND OTHER TECHNICAL CODES ADMINISTRATIVE RULE R-8.005. Pursuant to Sections 2.019 and 8.005 of the Eugene Code, 1971, the City Manager is proposing to amend subsections R-8.005-B(3) and R-8.005-J (6) of Administrative Rule R-8.005. The Rule amendments are necessary in order to grant additional time for building permit applicants to complete the process of obtaining their permits and to correct a numbering error. The proposed Rules may be reviewed at Building & Permit Division of the Planning & Development Department, 99 West 10th Avenue, Eugene, Oregon, 97401, between noon and four p.m., or on the City of Eugene’s website at https://www.eugene-or.gov/520/Administrative-Order. Comments on the proposed Rules should be submitted in writing to the City Building Official, Andrew Beattie, 99 West 10th Ave., Eugene, Oregon, 97401, or via e-mail to ABeattie@eugene- or.gov. To be considered, written and e-mail comments must be received within 15 days of the first date of publication as indicated below. If the City Manager chooses to take action after considering the comments received, the proposed or modified rule will be adopted by administrative order. Jennifer D. Haruyama, City Manager Dates of Publication: July 21, 22, 23, 24, and 27, 2026.