HomeMy WebLinkAboutPermit Substandard Building 1988-2-18
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PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF SPRINGFIELD
Don Moore
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CITY OF SPRINGFIELD
Office of Community & Economic Development
Planning and Development Department
CERTIFIED LETTER
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February 18, 1988
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, Stanley E. McNutt
"'i..',,\' ,: ,420~7 H~lden Creek Lane
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Subject: Hazardous Building at 5250 High Banks Rd. Springfield, Oregon.
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" Tax Lot #1702 2800 00400
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NOTICE AND ORDER TO COMPLY WITH THE SPRINGFIELD BUILDING SAFETY CODES.
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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. '
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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
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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
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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.
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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
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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.
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Sincerely,
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Don Moore
Structural Inspector
CC:
Dave Puent, Building Official
Mike Hudman, Fire Marshal
Joe Leahy, City Attorney
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SEC, 202
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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.
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(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
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SEC, 204
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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
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SEC, 204
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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.
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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
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SEC. 204
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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.
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(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
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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
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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.
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(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.
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(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.
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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.
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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.
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(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
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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.
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(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
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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
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u DATE DELIVERED
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t; w Ii: AND ADDRESS OF ,
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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.
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USE,S300
RETURN
TO
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Print Sender's name, eddress, and ZIP Code in the space below.
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Oct. 1985
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