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HomeMy WebLinkAboutPermit Substandard Building 1988-2-18 ~.-. . . ,.".. PLANNING AND DEVELOPMENT DEPARTMENT CITY OF SPRINGFIELD Don Moore ~ .... ' kJ/c5n//3;', ,jC)(:~tJ ~~i/.p~ 71fe It7 17i~ 1,6 (I V<- "p ?#'6',M"Vq7 J./fJ 3/1 i ~2- /9(96 k( /Ii.g R~(7)quC6 f?HLej), *- " ~ . -,\ CITY OF SPRINGFIELD Office of Community & Economic Development Planning and Development Department CERTIFIED LETTER ! l, February 18, 1988 " , Stanley E. McNutt "'i..',,\' ,: ,420~7 H~lden Creek Lane tr',~/'i;l'':.(:.'' i'iSPrlngf1eld, OR 97478 "" .... ':';:') ,. . " , " :. I:'t" . , ',It .,~. ( f ',I , , Subject: Hazardous Building at 5250 High Banks Rd. Springfield, Oregon. 'I: "'"!' 0:' . ~ '.' " c, . " Tax Lot #1702 2800 00400 ,., .:_''.\::......'...., L" \" ,,'" . NOTICE AND ORDER TO COMPLY WITH THE SPRINGFIELD BUILDING SAFETY CODES. of , ; " I ....... . k~ . , The structure located at the above address, more particularly described as Lane County Assessor's Map & Tax Lot number, is for the reasons indicated below an unsafe and substandard building as described in the Springfield : Housing Code (applicable code excerpts are attached). Lane County ':'Assessment and Taxation records indicate that you are the owner of this , property. 'Section 203 of the Springfield Building Code Administrative Code describes .-' buildings and structures which are substandard or unsafe as those which are structurally inadequate, have inadequate egress, or which constitute a potential fire hazard or are otherwise dangerous to human life. ' ,',. Section 1001 of the Springfield Housing Code specifies conditions constituting a substandard building. The toiiOw~u. ~LUW9 include but~..are not limited to conditions existing at the structure, classifying it as a'" .. substandard building. Structural 1. Doors and/or windows are broken or unlocked allowing access to the building interior and creating an attractive nuisance for children and transients. 2. Deterioration is evident in the roof covering, creating a potential for weather infiltration and damage to the interior. 3. Ceiling materials are missing in some rooms exposing the interior of the building to infiltration of outside weather conditions. 225 Fifth Street .' Springfield, OR '97477 · 503/726-3753 '0,' j"_' o. ...~, . I..' " '.~'''' : " . "L' ,-.... . . Stanley E. McNutt February 18, 1988 Page 2 4. All habitable rooms shall be furnished with an approved heat source which is capable of maintaining a temperature of 68 de6'~~~ measured at a point three feet above the floor. 5. Portions of the roof exhibit evidence of structural failure as indicated by excessive sag, broken structural members or collapse. Electrical ...~ .... r ... _'..."Of ~. ". .\ 6. Broken or missing cover plates were noted on electrical outlets, switches and/or junction boxes which require replacement to reduce the possibility of electrical shock or fire. , . 7. All residential living facilities shall have access to complete bathroom facilities, including a tub or shower. Plumbing 8. The plumbing fixtures shall be restored to working condition. Section 202 of the Springfield Housing Code requires that structures classified as substandard must either be repaired or demolished. Therefore, this is your notice that you must secure permits to either rebuild the structure where it is deficient (Section 104 of the Springfield Building Codes Administrative Code requires that the repairs must comply with the provisions of the Structural, Plumbing, Mechanical and Electrical Specialty Codes), or to demolish it. If the building is to be rebuilt, permits must be purchased and work must commence within 30 days from the date of service of this notice and order. If the building is to be demolished, demolition work must commence within 30 days,and must be completed within 60 days from the date of this notice and order. Completion means that the structure and property must be inspected and approved by the appropriate represenatives of the Building Safety Division. The sewer must be capped at the property line or the septic tank must be pumped and filled by a person holding a sewage disposal service license as provided for in Chapter 340, Division 7 of the Oregon Administrative Rules. Permits to rebuild or demolish can be obtained at the Springfield Planning and Develvr_~_t Department, in the City Hall/Library Building at 5th and North A Street. If you do not take corrective action within the time frame outlined above, the City may seek compliance with the Building Safety Codes through legal recourse which may include Municipal Court proceedings or the City may proceed to eliminate the hazard and charge the costs thereof against the property or its owners. Any person having any record title or legal interest in the building may . . Stanley E. McNutt FebrullI'Y 18, 1988 Page 3 appeal from this notice and order to the Building Board of Appeals, provided that the appeal is made in writing and filed with the City Building Official within thirty (30) days from the date of service of this notice and order. Failure to appeal will constitute a waiver of all right to an administrative hearing and determination in this matter. Your anticipated courtesy and cooperation is ~~~.~ciated. Please direct all inquiries to the Springfield Building Safety Division at 726-3759. .. :,' :~l.l . Sincerely, ~,."~ ' , '-~.. .WU-, Don Moore Structural Inspector CC: Dave Puent, Building Official Mike Hudman, Fire Marshal Joe Leahy, City Attorney "1. ", . ". ..... . ..... , ., ,,' .j' " . .. . SEC, 202 '. . SEC, 203 F-xcr;:p..PTED -moM T~ 'S~~JEiD BUIi()/~ ~ u.Dt:'- Ab}.l(;IVI'5TJtk(1J/6 Co[)lS ";:rvice equipment either be removed or restored to a ~fe or sanitary condition, whichever is appropriate as specified in Section 204 of this Code. The writte not'ce itself shall fix a time limit for complia e with such order. ~ (h CONNECTION AFTER ORDER TO No person s all make connection from any or power supp -y nor supply energy or fuel to any building service eq~ipment which has been disco nected or ordered to be~disconnected by the Building fficial or the use of whi2h has been ordered to be d'scontinued by the Building 6~ficial until the Bu~ ding Official authorizes the reeo~nection and use of~uch equipment. (i) LIABILITYl-., The City $'~lldefend, save harmless and indemnify the Buildi~g Official, or her . auth07.i zed representati~e, chargeg" wi th the, enforcement of thlS Code and the spe~~alty ~odes, agalnst any tort claim or demand, whethe'J:: g,toundless or otherwise, arising out of an alleged~agt or omission occurring in the performance of., duty. ,The provisions of this Subsection do not ap;t:lY' the case of malfeasance in office or willful or wa on neglect of duty. The existence of th' s Code and ~e Specialty Codes shall not be consyrued to relieve (rom or lessen the responsibility of/any person ownih~, operating or controlling an~riilding, structure or ~ildin9 service equipment ther ln, for any damages 0 persons or property caus d by defects, nor shall the Building Safety Di~i 'on cor the City be held as .i~suming any such liabil'ty by ieason of the inspections ~uthorized by SUZh C es or approvals issued under such des. . . ( , COOPERATION OF OTHER OFFICIALS AND The B ilding Official may request, and shall recei far(~s is required in the discharge of his duties, ~~'i.stance and cooperation of other officials of yty. . SECTION 203. UNSAFE, SUBSTANDARD OR DANGEROUS BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. All buildings or structures regulated by this Code and the Specialty Codes which are structurally inadequate or have inadequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this Section, unsafe. Building service equipment regulated by such Codes, which constitutes a fire, electrical or health hazard, or insanitary condition, or is otherwise dangerous to human life is, for the purpose of this Section, unsafe. Any use of buildings, structures or -12- SEC, 203 . " . SEC, 204 .. building service equipment constituting a hazard to safety, health or the public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this Section, an unsafe, substandard or dangerous use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are'supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in the Structural Specialty Code and Fire and Life Safety Code are hereby designated as unsafe, substandard or dangerous building appendages. SECTION 204. ABATEMENT OF UNSAFE, SUBSTANDARD OR DANGEROUS BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. (a) GENERAL. All unsafe, substandard or dangerous buildings structures or appendages and . building service equipment as specified in Section 203 of this Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth herein. As an alternative, the Building Official or other employee or official of the City as designated by the City Manager may institute any other appropriate action to prevent, restrain, correct or abate the violation. (b) NOTICES AND ORDERS OF THE BUILDING OFFICIAL. (1) COMMENCEMENT OF PROCEEDINGS. Whenever the Building Official has inspected or caused to be inspected any building, structure or building service equipment and has found and determined that the same is unsafe, substandard .or dangerous, he shall commence proceedings to cause the repair, vacation, or demolition of the same. (2 ) shall issue a owner of the contain: NOTICE AND notice and building. ORDER. The Building Official order directed to the record The notice and order shall description premises upon A. The street address and sufficient for identification which the building is located. a of legal the Official has substandard or B. A statement that found the building to' dangerous with a brief the be and Building unsafe, concise -13- . . " " ,>' SEC, 204 . " '. SEC, 204 " "~ ~. . ..., . description of building such this Code. the conditions found to render under the provisions of Section 203 the of C.A statement of the action required to be taken as determined by the Building Official. 1. If the Building Official has determined, that the building or structure must be repaired, the ~rder shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances. . 2. If the Building Official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the, date of the order as determined by the Building Official to be reasonable. 3. If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the Building Official shall determine is reasonable. D. Statements. advising that required repair or demolition work (without also being required) is not commenced within specified, the Building Official: if any vacation the time 1. Will order the building vacated and posted to prevent further occupancy until work is completed, and 2. to be done and charge property or its owner. may proceed to cause the the costs thereof against work the E. Statements Advising: 1. That any person having any record title or legal interest in the building may appeal ,from the notice and order of any action of the Building Official to the Board of Appeals, provided the appeal is made in writing as provided in this Code, and -14- ...... . . . SEC. 204 SEC, 204 -j filed with the Building Official within the time period specified for compliance or, if no time period for compliance has been specified, within 30 days from the data of service of such notice and order; and constitute hearing and 2. that failure a waiver of all right to an determination of the matter. to appeal will administrative (3) SERVICE OF NOTICE AND ORDER. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner,' .and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any' person required herein to be served shall not invalidate any proceedings hereunder as to any other person 'duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this Section. (4) METHOD OF SERVICE. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the County or as known to., the Building Official. If no address of any such person so appears or is .known to the Building Official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person .to receive such notice shall not affect the validity of any proceedings taken under this Section. Service by certified mail in the manner herein provided shall be effective on the, date of mailing. (5) PROOF OF SERVICE. Proof of service...of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official. -.15- " . ,..,::,...:---:.-..\,. ,-' .. "( .~. -"-. . C", , . \ ". " '. " " SEC, 204 SEC, 204 "\"., ".: (6) RECORDATION OF NOTICE AND ORDER. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the Building Official shall file in the office of the County Recorder a certificate describing the property and certifying: A. That the building is an unsafe, substandard or dangerous building and B. That the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so thai it no longer exists as an unsafe, substandard or dangerous building on the property described ,in the certificate, the Building Official shall file a new certificate with the County Recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate. (7) REPAIR, VACATION AND DEMOLITION. The following standards shall be followed by the Building Official (and by the Board of Appeals if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure: A. Any building declared to be unsafe, . substandard or dangerous under this Code shall either be repaired in accordance with the applicable Codes or shall be demolished at the option of the building owner. .B. If the building or structure is in such condition as to make it immediately hazardous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. (8) NOTICE TO VACATE. A. POSTING. Every" notice to vacate shall, in addition to being served as provided in Section 204 (b)(3) of this Code, be posted at or upon each exit of the building and shall be in substantial'ly the following form: DANGER THIS BUILDING IS DEEMED UNSAFE FOR HUMAN OCCUPANCY UNDER SECTION OF THE CODE OF THE CITY OF SPRINGFIELD IT IS UNLAWFUL FOR ANY PERSON TO OCCUPY OR RESIDE IN THIS BUILDING -16- '. .~ . SEC, 204 SEC, 204 BUILDING OFFICIAL B. COMPLIANCE. Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him under Section 204 (b) (2) of this Code, reciting the emergency and specifying the conditions which necessitate the posting. 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 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 pursuant to the provisions of this Code. (c) APPEAL. Any person entitled to service under Section 204 (b)(3) of this Code may appeal from any notice and order of the Building Official under this Code by filing at the office of the Building Official an application to the Board of Appeals as specified by Section 205 of this Code. (d) ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL OR THE BOARD OF APPEALS. (1) COMPLIANCE. A~ GENERAL: After any order of the Building Official or the Board ,of Appeals made pursuant to this Code shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. B. FAILURE TO OBEY ORDER. If, after any order of the Building Official or Board of Appeals made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may: 1. Cause such person to be prosecuted under Subsection (d)(l)A. of this Section or 2. institute any appropriate action to abate such building as a public nuisance. c~ C. FAILURE TO COMMENCE WORK. Whenever the required repair 'or demolition is not commenced within 30 days after any final notice and order issued under this Code becomes effective: cause 1. The Building Official the building described in such notice and shall order -17- , , ' , . ~ .', ,...... 'i ....t " '. '. SEC, 204 SEC. 204 . ..,,-} \~ '., " to be vacated by posting at each entrance thereto a notice reading: DANGER THIS BUILDING IS DEEMED UNSAFE FOR HUMAN OCCUPANCY UNDER SECTION OF THE CODE OF THE CITY OF SPRINGFIELD. IT IS UNLAWFUL FOR ANY PERSON TO OCCUpy OR RESIDE IN THIS BUILDING. BUILDING OFFICIAL 2. No person' shall occupy any building which has been posted as specified in this Subsection. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the Building Official have been completed and a Certificate of Occupancy issued pursuant to this Code. 3. The Building Official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building unsafe, substandard or dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished; or to be demolished, and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall.be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this Code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto. . (2) EXTENSION OF TIME TO PERFORM WORK. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the Building Official may" in his discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation, or demolition, if the Buildipg Official determines that such an extension of time wfll not create or perpetuate a situation imminently dangerous to life or property. The Building Official's authority to extend time is limited to the physical repair, rehabilitation, or demolition of the premises and will not in any way affect or extend the time to appeal his notice and order. -18- , . SEC. 204 . " . SEC, 204 (3) INTERFERENCE WITH REPAIR OR DEMOLITION WORK PROHIBITED. No person shall obstuct, impede or interfere with any officer, employee, contractor or authorized representative of the City, or with any person who owns or holds any estate or interest in any building which. has been ordered repaired, .vacated or demoiished under the provisions of this Code; or with any person to whom such building has been lawfully sold pursuant to the provisions of this Code, whenever such officer, 'employee, contractor or authorized representative of the City, person having an interest or estate in such building or structure, or purchaser, is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this Code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed ~ursuant to this Code. (e) PERFORMANCE OF WORK OF REPAIR OR DEMOLITION. (1) GENERAL. . A. PROCEDURE. When any work of repair or demolition is to be done pursuant to Subsection (d) (1) C. 3. of this Section, the Building Official shall issue his order therefor to the Director of Public Works and the work shall be accomplished by City personnel or by private contract under the direction of said Director. Plans and specifications therefor may be prepared by said Director, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. If any part of the work is to be accomplished by private contract, standard Public Works contractual procedures shall be followed. B. COSTS. The cost of such work shall be paid from the Repair and Demolition Fund, and may be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the Council shall determine is appropriate. (2) REPAIR AND DEMOLITION FUND. A. GENERAL. The City Council may establish a special revolving fund to be designated as the Repair and Demolition Fund. Payments shall be made out of said fund upon the demand of the Building Official to defray the costs and expenses which may be incurred by the City in doing or causing to be done the necessary work of repair or demolition of dangerous buildings. -19- " .. SEC. 204 '. . SEC, 204 .;.'. B. MAINTENANCE OF FUND. The Council may at any time transfer to the Repair and Demolition Fund, out of any money in the General Fund of the City, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any .."sum so transferred shall be deemed a loan to the Repair and Demolition Fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All' funds collected under the proceedings hereinafter provided for, shall be paid to the Finance Director, who shall credit the same to the Repair and Demolition Fund. (f) RECOVERY OF COST OF REPAIR OR DEMOLITION. . (1) ACCOUNT OF EXPENSE, FILING OF REPORT: CONTENTS. The Director of Public Works shall keep an itemize.d account. of the expense incurred by the City in the repair or demolition of any building done pursuant to the provisions of Subsection (d)(l) C.3. of this Section. Upon the completion of the work of repair or demolition, said Director shall prepare and file with the Finance Director a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Subsection (b)(3) of this Section. (2) REPORT TRANSMITTED TO COUNCIL - SET FOR HEARING. Upon receipt of said report, the Finance Director shall present it to the Council for consideration. The Council shall fix a time, date and place for hearing said report, and any protests or. objections thereto. The Finance Director shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general. circulation in the City, and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appear on the last equalized assessment 'roll of the County, if such so appear, or as known to the Finance Director., Such notice shall be given at least 10 days prior to the date set for hearing and shall specify the day, hour, and place when the Council will hear and pass upon the Director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. (3) PROTESTS AND OBJECTIONS - HOW MADE. Any person affected by the proposed charge may file written protests or objections with the Finance Director at any time prior to the time set for the hearing on the report of the Director. Each such protest or objection -20- SEC, 204 '. . SEC, 204 " shall contain a description of the property in which the signer thereof is interested and the grounds of such protest or ,objection. The Finance Director shall endorse on every such protest or objection the date it was received by him. He shall present such protests or objections to the City Council at the time set for the hearing, and no other protests or objections shall be considered. (4) HEARING OF PROTESTS. Upon the day and hour fixed for the hearing, the Council shall hear and pass upon the report of the Director of Public Works together with any such objections or protests. The Council may make such revision, correction or modification in the report or the charge as it may deem just; and when the Council is satisfied with the correctness of the charge, the report (as submitted or as revised, corr~cted or modified) together with the charg~; shall be c~nfirmed or rejected. The decision of the Council on the report and the charge, and on all protests or objections, shall be final and conclusive. . (5 ) ASSESSMENT. PERSONAL OBLIGATION OR SPECIAL order that obligation against the A. GENERAL. The said charge shall of the property owner property involved. Council may thereupon be made a personal or assess said charge B. PERSON OBLIGATION. If the Council orders; that the charge shall be a personal obligation of the property owner, it shall direct the City Attorney to collect the same on behalf of the City by use of all appropriate legal remedies. C. SPECIAL ASSESSMENT. If the Council orders that the, charge shall be assessed against the property it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall consitute a special assessment 'against and a lien upon the property. (6) CONTEST. The validity of any assessment made under the provisions of this Section shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be perfected within 30 days after the entry of such judgment. (7) AUTHORITY FOR INSTALLMENT PAYMENT OF ASSESSMENTS 'WITH INTEREST. The Council in its -21- , , , -"'. ',- .., , , ~ ," .;.~; -;.~ SEC, 204 . . SEC, 204 discretion, may de~ermine tha~, assessments in amounts of $500.00 or more shall be payable in not to exceed five equal annual installments. The Council's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the asses smen t. (8) LIEN OF ASSESSMENT. . A. PRIORITY. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for State, County and municipal taxes with which it shall be upon a parity. The lien shall continue until,~he assessment and all interest due and payable thereon are paid. B. INTEREST. All such assessments unpaid after 30 days from the date of on the assessment roll shall become and shall bear interest at the rate of ten annum from and after said date. remaining recording delinquent percent per (9) REPORT TO ASSESSOR AND TAX COLLECTOR; ADDITION OF ASSESSMENT TO TAX BILL. After confirmation of the report, certified copies 'of the assessment shall be given to the County Assessor, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. (10) FILING COPY OF REPORT WITH COUNTY AUDITOR. If the County Assessor assesses property and collect taxes for the City, a certified copy of the assessment shall be filed with the County Auditor on" or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map books for thecurrenc year. (11) COLLECTION OF ASSESSMENT; PENALTIES FOR FORECLOSURE. The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment. -22- SEC, 204 '. . SEC, 205 If the Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof 1s subject to the same penalties and procedure for sale as provided for ordinary municipal taxes. ('12) REPAYMENT OF REPAIR AND DEMOLITION FUND. All money recovered by payment of the charge or assessment or form the sale of the property at foreclosure sale shall be paid to the Finance Director who ,shall credit the same to the Repair and Demolition Fund. SECTION 205. BOARD OF APPEALS (a) created 1965. BOARD CREATED. A Board of Appeals has in Section 1-11-1 of the Springfield been Code, . (b) Code, it have the to: JURISDICTION OF THE BOARD. Relative to this shall be the duty of the Board and it shall power, except as otherwise provided by law, (1) Determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the'Specialty Codes enumerated in Articles 2 through 6 of these Codes. Provided that, since City Specialty Code standards are required to be in compliance with State Specialty Code standards, the Board is not authorized to grant a Variance to the Specialty Codes. (2) Hear appeals from the Fire and Life Safety provisions of: A. The Structural Specialty Code and' Fire and Life Safety Code as specified in Article 2 of these Codes. B. The Mechanical Specialty Code and Mechanical Fire and Life Safety Code as specified in Article 3 of these Codes. C. The Fire Code as specified in Chapter VII of the Springfield Code, 1965. (3) Hear appeals regarding the abatement of unsafe, substandard or dangerous buildings, structures or building service equipment as provided in Section 204 of this Code. -23- , .. l " '. SEe, 201 'e _ SEe, 202 I5'~pm rAbrl Tlte- '5fitJ~FIt3U) HoUS/~ . \<:h~ll fail or neglect,' after pr,oper request is made as'/ ~rein provided, to promptly permit entry therein 9Y th~ Building Official for the purpose of inspectron and\\examination pursuant to this Code. Any P7etson viola~ing this. Subsection shall be subject tQ the penalty provisions of Section 206 of the Spriolgfield Bui1din~ Coqe Administrative Code. ~ (c) \ RESPONSIBILITIES DEFINED. Ev~'ry remains liable fot violations of duties i~posed him by th{s Code even though an obligatj!on is imposed on tpe occupants of his buildi~g, and though the o~~er has, by agreement, /(mposed .on occupant the du~y of furnishing req7i ed equipment or of complying wit~\this Code. \ Every owner, 6r his agent, i~ addition to being responsible for maintaining his ,ouilding in a sound structural condition, ',shall be ~esponsible for keeping that part of the building or premises which he occupies or controls in a clean, 'sanitary, and safe condition, including the shared or'puQ'lic areas in a building containing two or mote dwer~ing units. h 'h/\' h' Every owner s all, ~ er, requ1red by t 1S Code, furnish and maintain such approved sanitary facilities as required, and shayi furnish\and maintain approved devices, equipment, of facilities\for the prevention of insect and rodent infestation, and where infestation has taken place,,1 shall be re~ponsible for the exterm'ination of aMy insects, rodent's" or other pests when ~uch exter~ination is not specifically made the responsiblity ~' the occupant by law or\ruling. Every oc~pant of a dwelling unit, \ addition to being responsible for keeping in a clean, sanitary, and safe condjltion that part of the dwelling o~\ dwelli~g unit or p~emises which he occupies and controls, shall dispose;Sf all his rubbish" garbage, and other\prganic waste~n a manner required by the Building Official. /Every occupant shall, where required by this ~de, fu~nish and maintain approved devices, equipment ~r i:2c~lities necessary to keep his premises safe a d ,anltary. . owner upon also even the SECTION 202 SUBSTANDARD BUILDINGS. All buildings or portions thereof which are determined to be substandard as defined in this Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition. or removal in accordance with the procedure specified in Section 204 of the Springfield Building Code Administrative Code. -77- Cooe , , SEC, 203 '. - , .. SEC, 303 SECTION 203 BOARD OF APPEALS. (a) BOARD CREATED. A boa~d of Appeals has been c~eated in Section 1-11-1 of the Sp~ingfield Code, 1965. . (b) APPEALS PROCEDURES. The appellant and the Boatd shall follow the applicable p~ocedu~es in Sections 1-11-1 th~ough 1-11-12 of the Sp~ingfield Code, 1965 and Section 205 of the Sp~ingfield Building Code Administ~ative Code. (c) DECISION OF THE BOARD. decisions a~e final. All Housing Code . SECTION 204 VIOLATIONS. No pe~son, whethe~ as owne~, lessee, sub-lessee o~ occupant shall e~ect, const~uct, enla~ge, alte~, ~epai~, move, imp~ove, ~emove, demolish, equip, use, occupy o~ maintain any building o~ p~emise, o~ cause o~ pe~mit the same to be done cont~a~y to o~ in violation of any of the p~ovisions of this Code o~ any o~de~ issued by the Building Official he~eunde~. Any pe~son violating the p~ovisions of this Section shall be subject to the penalties specified in Section 206 of the Sp~ingfield Building Code Administ~ative Code. CHAPTER 3 PERMITS AND INSPECTIONS SECTION 301 GENERAL. No pe~son shall e~ect, const~uct, enla~ge, alte~, ~epai~, move, imp~ove, convert, o~ demolish any building o~ st~uctu~e, o~ cause o~ pe~mit the same to be done, without fi~st obtaining a separate pe~mit fo~ each such building o~ st~uctu~e f~om the Building Official in the manne~ and acco~ding to the applicable conditions p~esc~ibed in Chapte~ 3 of the Sp~ingfield Building Code Administ~ative Code. SECTION 302 FEES. Wheneve~ a pe~mit is required by Section 301 of this Code, the app~op~iate fees shall be paid to the Building Official as specified in Chapte~ 3 of the Springfield Building Code Administ~ative Code. SECTION 303 INSPECTION. All buildings o~ st~uctu~es within the scope of this Code and all const~uction o~ wo~k fo~ which a pe~mit is ~equi~ed shall be subject to inspection by the Building Official in acco~dance with and in the manne~ p~ovided by this Code and Chapte~ 3 of the Sp~ingfield Building Code Administ~ative Code. CHAPTER 4 DEFINITIONS -78- I " SEC, 801 (b) ins talled Structural Code. . . SEC, 1001 The building is equipped with in accordance with Section Specialty Code and Fire and smoke detectors 1210 of the Life Safety CHAPTER 9 FIRE PROTECTION SECTION 901 GENERAL. specified in Section 104 Code Administrative Code. Fire protection shall be as of the Springfield Building CHAPTER 10 SUBSTANDARD BUILDINGS SECTION 1001 GENERAL. (a) SUBSTANDARD BUILDING. Any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any two or more of the following listed conditions, to any extent that it endangers life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building. . . (b) sanitation following: INADEQUATE shall include SANITATION. Inadequate but not be limited to the (1) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit. (2) Lack of, lavatories, and bathtubs guests in a hotel. or improper or showers water closets, per number. of (3) Lack of, or improper kitchen sink. (4) Lack of hot and' cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (6) Lack of adequate heating facilities. (7) Lack, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light -85- . e ", . , SEC. 1001 SEC, 1001 and ventilation required by this Code. (9) Lack of required electrical lighting. (10) Dampness of habitable rooms due to lack of maintenance. (11) Infestation of insects, vermin or rodents as determined by the Building Official. (12) maintenance. General dilapidation or improper (13) Lack of connection ~o a required sewage disposal system. (14) Lack storage and removal the Building Official. of adequate garbage and rubbish facilities as determined by (c) STRUCTURAL HAZARDS. Structural hazards shall include but not be limited to the following: (1) Deteriorated or inadequate foundations. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety. . (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration or that are of insufficient size to carry imposed loads with safety. (5) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material, deterioration or are of insufficient size to carry imposed loads with safety. (6) Fireplaces bulge, or settle, due deterioration. or chimneys to defective which list, material or ( 7) insufficent with safety. Fireplaces or chimneys size or strength to carry which are of imposed loads (d) NUISANCE. Any nuisance- a~ defined in this Code or the Springfield Code, 1965. (e) HAZARDOUS WIRING. All wiring except that -86- .....,..-;...."".~ . '- . .- . . ..' . - " , . SEC. 1001 '. .tt SEC, 1001 .- which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner. (f) HAZARDOUS PLUMBING. All plumbing except that which conformed with all applicable laws in effect at the::.time of installation and which has been maintained in good condition and which is free of cross connections and sip~onage between fixtures. (g) HAZARDOUS MECHANICAL EQUIPMENT. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition. .(h) FAULTY WEATHER PROTECTION, which include but not be limited to the following: shall (I) Deteriorated, crumbli ng, or loose plaster. . . (2) Deteriorated waterproofing of exterior walls, floors, including broken windows or ineffective roof, foundations, or or doors. (3) Defective or lack of weather protection for exterior wall coverings or weathering due to lack of paint, or other approved protective coatings. (4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings, (i) FIRE HAZARD. Ani building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Building Official or the Fire Chief, is in such condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (j) .FAULTY MATERIALS OF CONSTRUCTION. All materials of construction except those which are specifically allowed or approved by this Code and the Structural Speciatly Code and Fire and Life Safety Code, and which have been adequately maintained in a good and safe condition. (k) INADEQUATE MAINTENANCE. Any building or portion thereof which is determined to be an unsafe building as specified in the Structural Specialty Code and Fire and Life Safety Code and/or the Springfield Building Code Administrative Code. -87- . , SEC, 1001 '- - , , ~ SEC, 1101 (1) INADEQUATE EXITS. All buildings or portions thereof not provided with adequate exit facilities as required by this Code except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their constuction and,which have been adequately maintained and increased in ',.relation .to any increase in occupant load, alteration or addition, or any change in occupancy. When ~an unsafe condition or improper location of exits, required to be installed. exists through lack of, additional exits may be (m) INADEQUATE FIRE-PROTECTION OR FIRE-FIGHTING EQUIPMENT. All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this ~ode, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. . (n) IMPROPER OCCUPANCY. All buildings or portions thereof occupied for livin~, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. CHAPTER 11 ABATEMENT PROCEDURE SECTION 1101 COMMENCEMENT OF PROCEEDINGS. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a substandard building, {~e shall commence proceedings to cause the repair, rehabilitation, vacation or demolition of the building according to the procedures specified in Section 204 of the Springfield'Building Code Administrative Code. -88- P 329 96,8 928 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PftOVIDEO- NOT FOR INTERNATIONAL MAIL (See Reverse) .1 SENT TO Stanley E. McNutt sTRE'4~&~~"Holden Creek Lane P.O., STATE AND ZIP CODE Seringfield, OR 97478 POSTAGE s 73 CERTIFIED FEE 75. w SPECIAL DELlVEAY Ii! , ~ RESTRICTED DELIVERY , ~ iii l:l ~ SHOW TO WHOM AND , u DATE DELIVERED ~ u ;;; w ;;; c iii .. ffi w SHOWTOWHOM. DATE. t; w Ii: AND ADDRESS OF , ~ ~ [f:UVERY c '" ~ z u c ~ :;iHOW1UWliOMANDOATE ~ ii: ~ OEUVEREDWlTHRESTR1CTEC , w z c z DELIVERY ~ B ti -SHOW TO WHOM, DATE AND a: ADDRESSOEOELlVERVWITH 70. '-":')'...'>'U'l"LlDE!-!~r,,- '" ~ TOTAlPOSTAGEANDFEiS~'~' ~ s 2 18 Q. l.t.. r ~n'-, "\\1 . <: POSTMAR~~R(DAT,E'6'o, n,':('M~or.~/OCED ~ I-::'~'" M '\~, ", " i' : ,~ \':~'~<~"~'~ t - '" en . 0., - STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIEO MAIL FEE, ANO CHARGES FOR ANY SELECTED OPTIONAL SERVICES, (see frent) 1. If you want this receipt postmarked, stick the gummed stub on the left portion 01 the address side 01 the article, leaving the recelp1 attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. II you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article. date. detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified-mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED .. adjacent to the number. 4. If you want delivery restricted 10 the addressee, or to an authorized agent of the addressee, endorse RESTRICTED OELlVERY on Ihe lronl 01 Ihe article, 5. 'Enter fees for the services requested in the appropriate spaces an the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. " ~GPO: 1980331-003 tb~ kM~~}6tt~ .SENDER: Complete Item, 1 and 2 when eddltlonlll urvless are desired, and complete Item. 3 and 4. Put your address In the "RETURN TO" Space on the revers. side. Failure to do this will prevent this card from being returned to you. The return r,-:t'p.1. t,e will DrC\.vJ.r.l1 Y'l.I~ t'1.".n~1J')1!I ,fl.t traG qJUg,D, delivered to llIl'\.rt.1t"1 Jt!'tA_nf .9.!!1~. For addItional f801 the following services 8r. available, Contult pOltme,ter for feet and check box(..) for addltlonel lervlcell) requested., 1. Iiil<. Show to whom delivered, date, end addr.".8" add'.... 2. 0 Restricted Delivery t(Extra charge)t t(Exrra charge)t 3. Article Addressed to: 4. Article Number P 329 968 928 STANLEY E, Me NUTT 42037 Holden Creek Lane Springfield, OR 97478 Type of Service: o Registered >0 CertifIed o Expren Mall Always obtain signature of addressee or agent end DATE DELlVEREQ. 8. Addressee's Address (ONL Y if requested and fee paid) o Insured o COD I~ I~ 17, Signature - Addressee Signature - Agent Date of Delivery PS Form 3811, MllI, 1987 * u.s.a.p.o. 1987-17~268 DOMESTIC RETURN RECEIPT . .. .. I UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, address, and ZIP Code in the space below. . Complete items 1, 2, 3. and 4 on the revene. . . Attach to front of article ihpace permits, otherwise affix to back of article. . EndoRe article "Return Receipt Requested" adjacent to number. r ~~~ I I I , U.S.MAIL , '~ "- PENALTY FOR PRIVATE USE,S300 RETURN TO .. Print Sender's name, eddress, and ZIP Code in the space below. at:It-LA i~ "n' ~ :::~.;., ., - . .- , -:J1 ~ (v-f/" /\ ~.- I Claim Chack -15R7~iA. .' Date e" '.~ ~"":-"I .i ..'--- o Hold ~'"7 151' Notice 2ND Notice Roturn O..achedfrom PS Form 3849-A, Oct. 1985 1 - d iM CHECIC ~ tHO. -, B061 . j bHOlD \ ! f \ t \ IcJ~ ~\ ~, ) - COTICE ' . - t ...... '~RN , ~ ') - . , tr.'8! .. &:.' . l; ) L "'J .J CERTIFIED ,P 329 968 928 M A I L " .... SPRINGFIELD l 225 North 5th Street Springfield, Oregon 97477 r~d ."'~ . ~ I ~ f i ~ \ ---1 / />---.. / P:,.:, BETvp ....,.;-. '. .{, ~ ''c'"'' ----';i. io ~;;r1: - r- ::PSEND~~' '" ^' ------.:-";;;>' . On.. . [;s '. .: 1;(/~l<Jir;;!!1/ :Jr. C1ffr./r L I O{{!~i:'", --___ r, iJJ n.......t;,.... "'...JHo-....~ "",.." """f{ .-.'-....,- tV!;'. IOC.?.' .~." (;;:'1/ .s /"_;' . .Ir.!'i ---------... 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