HomeMy WebLinkAboutPermit Correspondence 1987-09-02CITY OF SPRINGFIELD
SPFrIhTGFIELO
Office of Community & Economic Development
CERTIFIBD TETTER
September 2, 1987
Angeline Carlson
1924 s. 4th st.
Cottage Grove, OR 97424
Subject: Hazardous Building at 609 St'nrmit Springfield, Oregon.
Tax Lot# 1703 34 14 07000
NOTICE AND ORDER T,O COMPLY WITH TIM SPRINGFIELD BUITDING SAFETY CODES.
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 reeords indicate that you are the owner of thisproperty.
Section 203 of the Springfield Building Code Administrative Code describesbuildings and struetures which are subslandard or unsafe as those whichare structurally inadequate, have inadequate egress, or which constitute apotentiar fire hazard or are otherwise dangerous to human life.
section 1001 of the springfierd Housing code specifies conditionsconstituting a substandard buitding. The following itens include but arenot linited to conditions existing at the structure, classifying it as asubstandard building.
BUITDING 1
Use of Building: Sing1e Fanily DwelIing
Occupancy Group/Const. ?ype: R3lV-ttTheoretical Occupant Load: N/A
Substandard Conditions
I' The dwelling has suffered significant fire danage which has created asubstandard and unsafe building for the forlowing reasons:A' The roof has partially collapsed permitting noisture to penetrateinside the building.
225 North 5th street r springfield, oregon97477 . so3/726-37s3
Angeline Carlson
September 2, 1987
Page 2
B. Numerous areas of the building structure were darnaged to a degreewarranting replacement.
C. Electrical wiring and devices were heated to temperatures beyond whichthey were designed to withstand, creating an unsafe electrical condition.D. The building plumbing system is inoperable.
E. windows in the building are broken, creating a potential source of
access for children and others to whom injury could occur.
2. The above conditions have existed on the property since the fire on August31, 1986. A recent reinspection of the property indicated that veryIittle or no change has occurred fron the condition originally observed in
September 1986.
BUITDING 2
Use of Building: Garage
Occupancy Group/Const. ?ype: M\/V-N
Theoretical Occupant Load: N/A
Potential for Non-conforming Building
1. The existing garage was not damaged by the fire. Garages are classified
as accessory structures on residential property and are not permitted tobe the onry structure on the property. rf you elect to denorish theexisting dwelling' the garage will be the only remaining structure on theproperty creating a non-confonning condition. You may request an
Adninistrative Determination fron the Planning and Development Managerwithin the time frame outlined below to allow the non-conformingcondition. Othervlise,either the accessory structure must also br: rernovedfron the site, or the denolished residence shall be replaced. Applicationfor the Adninistrative Determination can be filed at this office for a
$25.00 fee.
Section 202 of the Springfield Housing Code requires that structures
classified as substandard as described above must either be repaired or
denolished. 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 Adninistrative Code requires that it be rebuilt
to 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 nust be purchased and work must commence within 30 days
fron 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 nust be pumped and filled by a person holding a se+rage disposal
service license as provided for in Chapter 340, Division 7 of the Oregon
Angeline Carlson
September 2, 1987
Page 3
Adninistrative Ru1es. Permits to rebuild or denolish can be obtained at
the Springfield Planning and Development Department, in the CityHall/Library Building at 5th and North A Streets.
If you do not take corrective action within the tiue frame outlined above,the City will seek conpliance with the Building Safety Codes through legalrecourse which may include Municipal court proceedings or the city mayproceed to elininate the hazard and charge the costs thereof against theproperty or its owners.
Any person having any record title or legal interest in the building nayappear reom this notice and order to the Buirding Board of Appeals,provided that the appeal is nade in writing and filed with the cityBuilding official within thirty (30) days fron the date of service of thisnotice and order. Failure to appeal will constitute a waiver of aII rightto an adninistrative hearing and deter-mination in this matter.
Your anticipated courtesy and cooperation is appreciated, PLease directall inquiries to the Springfield Building Safety Division at 72*3759.
Sincerely,
,t,74tt *-
Don Moore
Structural Inspector
CC
Dave Puent, Building Official
Mike Hudnan, Fire Marshal
Joe Leahy, City Attorney
SEC. 202
?xc*pTE)-MDV Ti+E
bD:> AbptDbr,aPl1Yg
rvice equipment either be removed or restored to a
fe or sanitary condition, whichever is appropriate as
S cified in Section 204 of this Code. The writte
not e itself shall fix a time limit for complia ewithsuch order.
sEc. 203
5P<txuF t PLD tsU t l-4 *U A-aa7y
hta
(h
person
power s
service
ordered
the usethe Buauthori
CONNECTION AFTER ORDER TO DISCONN
11 make connection from any energy,ueI
No
or
ng
or
or
by
:'
upp nor supply energy or fuel to an Y buildi
e ipment which has been disc ectedto be isconnected by the Buildin fficialof whi
ilding has been ordered to be conti nuedicial until the Bu ding Officizes the re nnection and use of uch equipment
( i ) LIABILIT The City
the Build 11 defend, saveharmless and indemni g Official, or herauthor.ized representat,of this Code and the Sclaim or demand, wharising out of anthe performance
Subsection do notoffice or wi11fu1
The existence of
e cha rge
pe alty
eth
aI leged
of duty
appry
or wa
the enforcement
against any tort
with
€S,
ndless or otherwise,or omi.ssion occurring inThe provisions of this
on neg ct of duty.
Code and e Specialtyshall not be cons ed to relieve rom or lessenresponsibility of any person ownicontrolling any ilding, structure orequrpment the n,for any damagesproperty cau by defects, nor shallor the City be held asSafety Divi on
rh case of malfeasance in
Code s
theoperating orilding servicepersons orhe Building
sum1 ng any
uest, and shall rece SO
hecharge of his duties
such Iiabi y by reason of the inspections uthor i zeds or approvals issued under such S.
The 1di n
COOPERATION OF OTHER OEFICIALS AN DOF CERS.
far sisr
AS stance and cooperat ion o
g Official may reqequired in the dis ,f other officials o tty
SECTION 203. UNSAFEI SUBSTANDARD OR DANGEROUSBUTLDTNGS, STRUCTURES oR BUTLDTNG senvrce EeurPMENT.l]1 buildings or structures regurated by this code and!h", spegialty codes which are structur"lry inadequateor have inadequate egress, or which conit.itute a firehazard t oE are otherwise dangerou" io--rrr*un rife are,for the purpose of this Sectioi, ,n".i.."'
Building service equipment regulaEed by suchCodes, which constitutes-u ii.", .iE"eri"af or healthhazard t ot insanit?Ty conOiEion, oi- - i" otherwisedangerous to human liie is, for the-furpose of thisSectionr unsafe. Any use of buildings, structures or
-12-
by such
(
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 waIIs, 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 Structuraf Specialty Code and Fire
a.,o 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 unsaf-1 substandard or
dangerous buildings strucEures or appendages 1!9
nuiLOing service "qiip*"nt as specified in Section 203
of t.his Code are nereby declared to be public nuisances
and shalt be abated by repair, rehabilitation,
demolition or removal in accordance with the procedures
set forth herein. As an alternative, t'he Building
Official or other employee or official of the City as
designated by the City Minager may institute any other
uppt6p.iate action Lo prevent, reslrain' correct or
abate the violation.
(b)NoTICESANDoRDERSoFTHEBUILDINGoFFICIAL.
(I)CoMMENCEMENToFPRoCEEDINGS.WheneveT
theBuildingofficialhasinspectedorcausedtobe
inspected any building, strucLur" or building service
"qrip*.nt and has found and deEermined that the same is
,rri=ui. , substandard . or dangerous , . he sha1l commence
proceedings to cause the repair ' vacation ' or
demolition of the same.
(2)
shall issue a
owner of t.he
conta i n :
NOTICE AND ORDER. The Building Official
notice and order directed to the record
building. The notice and order shall
a legaI
thedescriprion "t;rr"Tli.
=:::"t.:::i;i:".i::
premisls upon which the building is located'
B. A statement that t'he
has found the building Eo be
or dangerous with a brief and
of
Official
substandard
Bu i Idi ng
unsafe,
conc ise
- 13-
sEc. 204
descripEion of
building suchthis Code.
conditions found
the provisions of
to render
Section 203
the
under
SEC. 204
the
of
C. A statement of the action requiredto be taken as determined by the Building Officia1.
1. If the Building Officiat hasdetermined, that the buitding or structure must berepaired, the order shall require that a1l requiredpermits be secured therefor and the work physically
commenced within such time (not to exceed 60 days fromthe date of the order) and completed within such timeas the Building official shalr determine is reasonabreunder aIl of the circumstances.
2. If the Building Official hasdetermined that the building or structure must bevacated, the order shalI require that the building orstructure shall be vacated within a time certain fromthe date of the order as determined by the BuildingOfficial to be reasonable.
3. If the Building Official hasdetermined that the building or structure must bedemolished, the order shal1 require that the buildingbe vacat.ed within such time as the Building Officialshal1 deEermine is reasonable (not to exceed 60 daysfrom the date of the order); that all required permitsbe secured therefor within 50 days from the date of theorder, and that the demolit,ion be completed within suchtime as the Building Official shalt determine isreasonable.
D. Statements advising thatrequired repair or demolition work (hrithout
also being required) is not commenced withinspecified, the Building Official:
if any
vacat ion
the time
and posted
completed,
1. Will order the building vacatedto prevent further occupancy until work is
and
2.to be done and chargeproperty or its owner.
may proceed to cause thethe costs Lhereof against
work
the
record title orappeal from theBuilding Officiat
appeal is made in
E. Stat.ements Advising:
1. That any person having1ega1 interest in the buildingnotice and order of any action oit,o the Board of Appeals, providedwriting as provided in this Code,
any
may
the
the
and
- 14-
)
SEC. 204 SEC. 204
filed with the Building Official within the time period
specified for compliance orr if no time period for
compliance has been specified, within 30 days from the
date of service of such notice and order; and
2. that fai lure to appeal wil I
constitute a waiver of all right to an administrative
hearing and determination of the matter.
(3) SERVICE OF NOTICE AND ORDER. The not.ice
and order, and any amended or suppJ.emental notice and
order, shall be served upon the record ovrner, andposted on the property; and one copy thereof shall beserved on each of the following if known to theBuilding Official or disclosed from official public
records: the holder of any mortgage or deed of trust
or other lien or encumbrance of record; the ovrner orholder of any lease of record i and t.he holder of any
other estate or legal interest of record in or to the
building or the land on which it is located. Thefail-ure of the Building Official to serve any person
required herein to be served shall not invalidate anyproceedings hereunder as to any oEher 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 shaII be made upon a1l 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 Eo. 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, dt t.he address of the
building involved in the proceedings. The failure of
any such person to receive such notice shall not affect
the vatidity of any proceedings taken under this
Section. Service by certified mail in t.he manner
herein provided shall be effective on the date of
mailing.
(5) PROOF OF SERVICE. Proof of service .of
t.he not.ice and order shall be certif ied 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 t.he copy of the
notice and order retained by the BuiLding OfficiaI.
- 15-
SEC. ?04 SEC. 204
(6) RECORDATION OF NOTICE AND ORDER. If
compliance is not had with the order within the timespecified therein, and no appeal has been properly and
timely fi1ed, Ehe Building Official shall file in theoffice of the County Recorder a certificate describingthe property and certifying:
A. That the building is an unsafe,
substandard or dangerous buitding and
B. That the owner has been so notified.
Whenever the corrections ordered shallthereafter have been completed or the buildingdemolished so that it no longer exists as an unsafe,substandard or dangerous building on the property
described in the certificate, the Building Officialshall file a new certificate with the County Recorder
certifying that the building has been demolished or allrequired correcEions have been made so that thebuilding is no longer dangerous, whichever isappropriate.
( 7 ) REPAIR, VACATION AI]D DEI'IOLITION. ThEfollowing standards sha11 be follor,red by the Building
Of f icial (and by t.he Board of Appeals if an appeal istaken) 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 shalI eitherbe repaired in accordance with the applicable Codes orshal1 be demolished at the option of the building
owner.
B. If the building or structure issuch condition as to make it immediately hazardousthe 1ife, Iimb, property or safety of the public oroccupants, it shall be ordered to be vacated.
in
t.oits
A. POSTING. Every . notice Eo vacateshaIl, in addition to being served as provided insection zo4 (b) (3) of this code, be posred at or uponeach exit of t!" building and shall be in substantiallythe following form:
DANGER
THIS BUILDING IS DEEMED UNSAFE
FOR HUI'IAN OCCUPANCY UNDERSECTION OF THE
c ODE OF THE CITY OF SPRINGFIELIT IS UNLAWFUL FOR ANY PERSON
TO OCCUPY OR RESIDE IN THIS BUILDING
- 16-
(8) NOTICE TO VACATE.
sEc. 204 sEc. 204
BUILDING OFFICIAL
B. COMPLIANCE. Whenever such notice is
posted, the Building Official shaIl 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, excepE
that entry may be made to repair, demolish or remove
such building under permit. No person shalI remove or
deface any such notice after it is posted until the
required repairs, demolitionr 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 shal} fail, neglect, or
refuse to obey any such order.
B. FAILURE TO OBEY ORDER. Tf, AfTET
any order of the BuiJ.ding official or Board of Appeals
made pursuant to this Code has become final, the person
to whom such order is directed shall faiI, o€9lect or
refuse to obey such orderr the Buitding Official may:
1. Cause such Person to be
prosecuted under Subsection (d)(1)A. of this Section or
C. FAILURE TO COMMENCE WORK. WhCNEVET
the required repair or demolition is not commenced
within 30 days after any final notice and order issued
under this Code becomes effective:
2. institute any
action to abate such building as a public
1. The Building Official
cause the building described in such notice and
appropriate
nuisance. -.
shall
order
-17 -
SEC.2O4
to be
not i ce
vacated
reading:
sEC, 204
by posting at each entrance thereto a
DANGER
THIS BUILDING IS DEEMED UNSAFE
FOR HUIV1AN OCCUPANCY UNDER
SECTION OF THE
CODE OF THE CITY OF SPRINGFIELD.IT IS UNLAWFUL FOR ANY PERSCN
TO OCCUPY OR RESIDE IN THIS BUILDING.
BUILDING OFFICIAL
2. No person shal1 occupy anybuilding which has been posted as specified i;- thilsubsection. No person sharl remove or deface any suchnotice so posted untit the repairs, demoLitionr orremoval ordered by the Buirding officiar have beencompleted and a Certificate of Occupancy issuedpursuant to this Code.
3. The Building Official may, inaddition to any other remedy herein provided, cauie thebuirding to be repaired to the extent necessary tocorrect the conditions which render the buildingunsafe, substandard or dangerous as set forth in th;notice and order; ol.t if the notice and order requireddemoliti.on, to cause the building to be sold anddemolishedi or to be demolished, and the materials,rubble and debris therefrom removed and the 1otcleaned. Any such repair or demoLition work shall beaccomplished and the cost thereof paid and recovered inthe manner hereinafter provided in this Code. Anysurprus realized from the sale of any such building, orfrom the demolition thereof, over and above the coit ofdemolition and of cleaning the lot, shall be paid overto the person or persons lawfurly entitled theieto.
(21 EXTENSION OF TIME TO PERFORM WORK. Uponreceipt of an application from the person required toconform to the order and an agreement by sucn personthat he wirl comply with [ne order i f ailowedadditional time, the Building Official hdy,. in hisdiscretion, granL an extensioi of time, not to exceedan additional 120 days, within which to comprete saidrepair, rehabilitation, or demolition, if th; auildipjofficial determines that such an extension of time wilinot create or perpetuate a situation imminentlydangerous to rif e or propert.y. The Building of f icial,iauthority to extend time is limited to tfre physicarrepair, rehabilitationr oF demolition of tf,. pri.isesand will not in any way affect or extend the time toappeal his notice and order.
- 18-
sEc. 204
A. GENERAL. The Ci t.yestablish a special revolving fund to bethe Repair and Demolition Fund. Paymentsout of said fund upon the demand ofOfficial to defray the costs and expensesincurred by the City in doing or causingnecessary work of repair or demolition
bu i ldings .
SEC. 204
( 3 ) INTERFERENCE WITH REPAIR OR DEMOLITIONWORK PROHIBITED. No person shall obstuct, impede orinterfere with any officer, employee, contractor orauthorized representative of the Cityr oE with anyperson who owns or holds any estate or interest in anybui'l.ding which has been ordered repaired, vacated ordemolished under the provisions of this Codei or withany person to whom such building has been lawfully soldpursuant to the provisions of this Code, whenever suchofficer, employeer contractor or authorizedrepresentative of the City, person having an interestor estate in such building or structure, or purchaseris engaged in the work of repairing, ,acaling andrepairingr oE demolishing any such building, pursuantto the provisions of this Coder oF in performing anynecessary act preli.minary to or incidental to such *orkor authorized or directed pursuant to this Code.
(e) PERFORI"IANCE OF WORK OF REPAIR oR DEMoLITIoN.
( 1 ) GENERAL.
A. PROCEDURE. When any work of repairor demolition is to be done pursuant to Subsection(d) ( f) C. 3. of this Section, the Building Officialshal1 issue his order therefor to the Director ofPublic Works and the work shall be accomplished by Ci.typersonner or by private contract under the direction ofsaid Director. PIans and specifications therefor maybe prepared by said Director t ot he may employ sucharchitectural and engineering assistance on a contractbasis as he may deem reasonably necessary. If any partof the work is Eo be accomp)_ished by private contract,standard Public Works cont.ractual procedures shall befolIowed.
B. COSTS. The cost of such work shallbe paid from the Repair and Demolition Fund, and may bemade a special assessment against the propertyinvolved, or may be made a personal obtigat.ion of Eheproperty otirner, whichever the Council sha1l determineis appropriate.
(2) REPAIR AND DEI'IOLITION PUND.
Council may
designated as
shall be made
the Building
which may bet.o be done the
of dangerous
- 19-
sEc.204 SEC. 204
B. I'TAINTENANCE OF FUND. The Council may
at any time t.ransfer to the Repair and Demolition Fund,out of any money in the General Fund of the CiEy, suchsums as it may deem necessary in order to expedite theperformance of the work of repair or demolition, andany .sum so transferred shal1 be deemed a loan to t.heRepair and Demolition Fund and shall be repaid out ofthe proceeds of t.he collections hereinafter providedfor. AII. funds coLlected under the proceedingshereinafter provided for, shaIl be paid to Lhe FinanieDirector, who shal1 credit the same to the Repair andDemolition Fund.
(f) RECOVERY OF COST OF REPAIR OR DEMOLITION.
(I) ACCOUNT OF EXPENSE, FILING OF REPORT:CONTENTS. The Director of public Works shall keep anitemized account of the expense incurred by the City inthe repair or demolition of any building done pursuant.to the provisions of Subsection (d) ( I ) C.3. of rhisSection. Upon the completion of the work of repair ordemolition, said Director shal1 prepare and file vriththe Finance Director a report specifying the work done,the itemized and total cost of the work, a descript.Lonof the real property upon which the building orstructure is or was located, and the names andaddresses of the persons entitred to notice pursuant toSubsection (b) (3) of this Secrion.
(2) REPORT TRANSMITTED TO COUNCIL - SET FORHEARING. Upon receipt of said report, the FinanceDirector shall present it to the Council forconsideration. The Council shall fix a time, date andplace for hearing said report, and any protests orobject.ions thereto. The Finance Director shall causenotice of said hearing to be posted upon the propertyinvolvedr published once in a newspaper of generalcirculation in the City, and served by certified mail,postage prepaid, addressed to the owner of the propertyas his name and address appear on the 1ast equalizedassessment ro11 of the County, if such so appear, or asknown to the Finance Director. Such notice shall be
g iven at leas t 10 days prior to the dat.e set f orhearing and shall specify the day, hour, and place whenthe Council will hear and pass upon the birector,sreport, t,ogether with any objections or protests whichmay be filed as hereinafter provided by any personinterested in or affected by the proposed charge.-
(3) PROTESTS AND OBJECTIONS - How MADE. Anyperson affected by the proposed charge may file writtenprotests or objections with the Finance Director at anytime prior to t,he time set for the hearing on thareport of the Director. Each such protest or objection
-20-
sEc. 204 SEC.2O4
shall contain a description of the property in whichthe signer thereof is interested ano the grounds ofsuch protest or objection. The Finance Director shallendorse on every such protest or objection the date itwas received by him. He shall present such protests orobjections to the city councir at the time iec for thehearing, and no other protests or objections sha1l becons idered.
(4) HEARING oF PROTESTS. Upon The day andhour fixed for the hearing, the Council- shalr heai andpass upon the report of the Director of pubLic workstogether with any such objections or protests. TheCouncil may make such revision, torrection ormodification in the report or the charge as it may deemjust; and when the Council is satisfied with thecorrectness of the charge, the report (as submitted oras revised, corrected or modified) together with thecharge, sha11 be confirmed or rejected] tn" decisionof the Council on the report and the charqer dhd on allprotests or objections, shalr be final .no concl_usive.
(s)
ASS ESSMENT.
PERSONAL OBLIGATION OR SPECIAL
order that
ob1 igationagainst the
A. GENERAL. The
sa id charge shal lof the property ownerproperty involved.
may thereupon
a personal
said charge
Counci I
be made
OT ASSESS
B. PERSON OBLIGATION. If Ihe Councilorders that the charge shalr be a personal obrigationof the property owner, i t shal I d irect the ci tyAt.torney to correct the same on beharf of the city byuse of all appropriate legaI remedies.
C. SPECIAL ASSESSMENT. If the Councilorders that the charge shalr be assessed against. theproperty it sharl confirm the assessment, cause thesame to be recorded on the assessment rolr, andthereafter said assessment shall consitute a specialassessment against and a lien upon the property.
(5) CONTEST. The validity of any assessmentmade under the provisions of this Section shall not becontested in any action or proceeding unless the sameis commenced within 30 days after the assessment isplaced upon the assessmenL rorl as provided herein.Any appeal from a final judgment in such action orproceeding must be perfected wit.hin 30 days after theentry of such judgment..
(7 ) AUTHORITY FORASSESSMENTS WITH INTEREST.
INSTALLMENT PAYMENT
The Council in
OF
its
-21-
sEc.204 sEC. 204
discretion, may determine that assessments in amounts
of 5500.00 or more shall be payable in not to exceed
five equal annual instalLments. The Council's
determination to al1ow payment of such assessments in
installmentsr the number of installments, whether they
shall bear interest, and t.he rate thereof shall be by a
resolution adopted prior to the confirmation of the
assessment.
( 8 ) LIEN OF ASSESSI'IENT.
A. PRIORITY. Immediately upon its
being placed on the assessment roll the assessmentshall be deemed to be complete, the several amounts
assessed shaIl be payable, and the assessments shalI beliens against the l-ots or parcels of land assessed,respectively. The lien shall be subordinate to allexisting special assessment liens previously imposed
upon the same property, and shall- be paramount to allother liens except for State, County and municipaltaxes with which it shall be upon a parity. The lienshall continue until the assessment and alL interest.
due and payable thereon are paid.
B. INTEREST. AlL such assessments
remaining unpaid aft.er 30 days from the date ofrecording on the assessment ro11 shall become
delinquent and shall bear interest at the rate of tenpercent per annum from and after said date.
(9) REPORT TO ASSESSOR AND TAX COI,LECTOR;
ADDITION OF ASSESSMENT TO TAX BILL. AfTer confirmaTionof the reportr c€rtified copies of Ehe assessment shalIbe given to the County Assessor, who shall add theamount of the assessment to the next regular tax billlevied against the parcel for municipal purposes.
( IO 1 FILING COPY OF REPORT WITH COUNTYAUDITOR. If the County Assessor assesses property andcollect taxes for the City, a cert.ified copy of the
assessment. shall be filed with the County Auditor on'orbefore August 10th. The descript.ions of the parcelsreported shall be t.hose used for Ehe same parcels onthe County Assessor's map books for the currenc year.
(11) COLLECTION oF ASSESSMENT; PENALTIES
FoR FoRECLosuRE. The amount of Ehe assessment sharr becollected at the same time and in the same manner asordinary municipal taxes are collected; and shalI besubject to the same penalties and procedure and sale incase of derinquency as provided for ordinary municipattaxes. AIl laws applicable to the 1evy, collection andenforcement of municipal taxes sharl be appricable tosuch assessment.
-22-
sEC. 204
(12)
FUND. AII money
assessment orforeclosure salewho shal-1 credit
Fund.
SEC. 205
If the Council has determined that theassessment shaIl be paid in installment.s, eachinstalrment and any interest thereon sharl be collectedin the same manner as ordinary municipal taxes insuccessive years. If any installment is delinquent,the amount thereof is subject to the same penalties andproc'edure for sale as provided for ordinary municipaltaxes.
REPAYMENT OF REPAIR AND DEMOLITIONrecovered by payment of the charge orform the sale of the property atsha1l be paid to the Finance Directorthe same to the Repair and DemoLition
SECTION 205. BOARD OF APPEALS
BOARD CREATED. A Board of Appeals hasin Section 1-11-1 of the Springfield
(a)
createdr95s.
been
Code,
Code,
have
to:
(b)
ir
the
JURISDICTION OF THE BOARD. Re1ative to Thisshall be the duty of the Board and it shallpower, except as oEherwise provided by 1aw,
(1) Determine the suitability of alternatematerials and methods of construction and to providefor reasonable interpretations of the Speciarty codesenumerat.ed i n Art icle s 2 through 5 of these Codes.Provided that, since City Specialty Code standards arerequired t.o be in compliance wit.h State Specialty Codestandards, the Board is not authorized to grant aVariance to Ehe Specialty Codes.
(2) Hear appeals from the Fire and LifeSafety provisions of:
A. The Struct,ural Specialty CodeSafety Code as specified in Article 2
and
ofFire and Life
these Codes.
B. The Mechanical Specialty CodeMechanical Fire and Life Safety Code as specifiedArticle 3 of these Codes.
and
in
C.
Chapter VII of the
The Fire Code as
Springfield Code, 1965.
specified in
appeals regarding the abatement ofor dangerous buildings, structures
equipmgnt as provided in Section
(3) Hear
unsafe, substandard
or building service
204 of this Code.
-23-
TceptA fpovt T*e S%-trai tr4x tbusxzt QE-
hall fail or neglect,' after proper request is made as/
re in provided,to promptly permit entry therein
SEC. 2OI SEC. 202
t Building Official for the purpose of inspect
an examinat io n pursuant to this Code.Any pe,rson
v ioI ing this Subsection shaIl be subje ct to,' thepenalprovisions of Section 206 of the SpringfieldBuildinCode Administrative Code.
(c)RESPONS IB I LITI ES
PY10n
respons i ble f or ma i'ntstructural condition,'1that part of the buildior controls in a cIean,
i nclud ing the sharedcontaining tvro or more
Every owner sha11furnish and maintain slas required, and sha
Eve O\^/nefies imposed uponigaton is alsordig, and even
mposed on thed eguipment or
aining his.bui Iding in a soundshall be res ponsible for keeping
ng orp reml s es which he occupies
S and safe condition,or eas in a building
dwe ES.
ired by this Code,
h sanLtary facilities
remains 1 ble fhim by th l_Codeimposed on eothough the eroccupant the dof complying wi
or violati
even thou
ccupants ohas, by
of furnisthis Code.
sh
ins
DEFINED.
ons of dutgh an oblf his bui
agreement,
hing requi
t.
Every owner,his agent, i addition to being
devicesr €euipment, o tinsect and rodent in estation, and where infestationhas taken place
extermination of ny
furnish'..and maintain approved
ac i 1i t ies"r.f or t.he prevent ion of
al 1 be respons ible for theects, rodenis,, or other pests
i s not spec i f i.ca I Iy made thewhen such exte nat. ion
respons ib1 i ty o the occupant by Law or "ru1ing.
1nEvery o upant of a dwelJ.ing unit,addition Eobeing respo ible for keeping in a clean, sanitary, andsafe cond ion that part of t.he dwelling oi.. dwellirfgunit or
d i spose
wa ste
MlSES
all h
manne
which h e occupies and controfs, shaIIt
a
1Sr rubbish, garbage, and other organicrequired by rhe Building Official.
ry occupant shaI1, where required by this e,
orfuish and maifilities nece
approved devices, €euipmentto keep his premises safe
ntain
ssary anrtary.
sECTroN 202 SUBSTANDARD BUTLDTNGs. Ar1 buildings orportions thereof which are determined to be substandardas defined in this code are hereby decr-ared to bepublic nuisances and shal1 be ibatea by repair,rehabiJ.itat.ion, demolitionr oE removal in accordancewith the procedure specified in section 2o4 of theSpringfield Building Code Administrative Code.
-77-
nl
r
(.
SEC. 203 SEC.3O3
SECTION 203 BOARD OF APPEALS.
(a) BOARD CREATED. A board of Appeals has beencreated in Section 1-11-1 of the Springfield Code, 1965.
(b) APPEALS PROCEDURES. The appellant and theBoard shal] follow the applicable procedures inSections 1-11-1 through l.-11-I2 of the SpringfieLdCode, I965 and Section 205 of the Springfield Building
Code Administrative Code.
(c) DECISION OF THE BoARD.decisions are fina1.A11 Housing Code
SECTION 204 VIOLATIONS. No person, whet.her as owner,Iessee, sub-lessee or occupant sha1l erect, construct,enlarge, al-ter, repair, move, improve, remove,demolish, equip, use, occupy or maintain any buildingor premise, or cause or permit the same to be donecontrary to or in violation of any of the provisions ofthis code or any order issued uy tne Buitding officialhereunder. Any person violating the provisi5ns of thissection shall be subject to the penalties specified insection 206 of the springf ierd eu irdi ng codeAdministrative Code.
CHAPTER 3
PERMITS AND INSPECTIONS
SECTION 30 1 GENERAL. No person shal I erec t ,construct, enJ-arge, aJ_ter, repair, move, improve,convertr or demolish any building or structure, orcause or permit the same Eo be done, without. firstobtaining a separat,e permit for each such building orstructure from the Building official in the manner andaccording to the applicable condit.ions prescribed inChapter 3 of the Springfield Building CodeAdministrative Code.
SECTION 302 FEES. Whenever a permit is requiredSection 301 of this Code, the appropriate fees sha1lpaid to the Building Official as specified in Chapterof the Springfield BuiJ-ding Code Administrative Code.
by
be
3
sECTroN 303 TNSPECTTON. Ar1 buirdings or struct.ureswithin the scope of this Code and all construction orwork for which a permit is required shall_ be subject toinspection by the Building officiar in accordanie withand in the manner provided by this Code and Chapter 3of the Springfield Building Code Administrative Code.
CHAPTER 4
DEFINITIONS
-7U
SEC. BO1 sEc. 1001
(b) The building is equipped with smoke detectors
installed in accordance with Section 1210 of the
Structural Specialty Code and Fire and Life Safety
Code
CHAPTER 9
.FIRE PROTECTION
SECTION 901 GENERAL. Fire protection shalIspecified in Section 104 of the Springfield
Code Administrative Code.
be as
Building
CHAPTER 1O
SUBSTANDARD BUILDINGS
SECTION 1OO1 GENERAL.
(a) SUBSTANDARD BUILDING. Any building orport.ion thereof, including any dwelling unitr euestroom or suite of roomsr oE the premises on which the
same is located, in which there exists any two or moreof the following listed conditions, to any extent thatit, endangers Iife, limb, healeh, property, safeEy, orwelfare of the pubJ-ic or the occupants thereof sha1l be
deemed and hereby is declared to be a substandard
building.
(b)
s an i tat ionfollowing:
INADEQUATE
shal I inc Iude
SANITATION. Inadequate
but not be limiced to the
(I) Lack of,
lavatory, bachtub or shower
(2) Lack of,
lavatories, and bathtubsguests in a hotel
or improper $rater closet,
in a dwelling unit.
or
or
imp rope r
showers
water closets.
per number. of
( 3 ) Lack of, or improper
( 4 ) Lack of hot and cold
pJ.umbing fixtures in a hoteI.
kitchen sink.
running water to
(5) Lack of hot, and cold running water toplumbing fixtures in a dwelling unit..
(5) Lack of adequate heating facilities.
(7) Lackr oE improper operacion of requiredvent, i lating equj.pmenE.
(8) Lack of minimum amounts of natural Iight.
-85-
sEc. 1C01
and ventilation
(e)
sEc. 1001
(10)
of maintenance.
reguired bY this Code.
Lack of required electrical lighting'
Dampness of habiLable rooms due to lack
( I I ) Infestation of insects ' vermin or
rodents as determined by the Building Official'
( 12) General dilapidation or improper
maintenance.
(13) Lack of connection to a required sewage
disposal system.
garbage and rubbish
as determined bY
(C ) STRUCTURAL HAZARDS.
include but not be limited to
( I ) Deteriorated
(2) DefecEive or
floor supPorts.
(14) Lack
storage and removal
the Building Official.
( 5 ) EirePlaces
bulge, ot settle, due
de ter iorat ion.
Structural hazards shaIl
the following:
or inadequate foundations'
deteriorated ftooring or
of adequate
facilitsies
( 3) Flooring or floor suPports of
insufficient size to carry imposed loads with safety'
(4) I"lembers of waIlsr Partit'ions' oE other
vertical supports that split, lean' IisE' or buckle due
todefectivematerialor_deteriorationorthatareof
insufficient size to carry imposed loads with safety'
(5) Members of ceilings' roofs' ceiling and
roofsupports,ototherhorizontalmemberswhichSag'
split, oE buckle due to defecEive material '
oEt"rioration or are of insufficient size to carry
imposed loads wit'h saf etY.
or
to
ch imneYs
defect ive
which Iist,
material or
which are of
imposed loads(7)
insuff icent
with safetY.
Fireplaces or
size or strength
chimneys
to carrY
(d) NUISANCE. Any nuisance as' defined
Code or the SPringfield Code, 1955'
in this
(e ) HAZARDOUS WIRING.
-86_
AIl wiring excePt that
- ': '': 1 !'___
sEC. i00i sEC. 1001
which conformed with alI applicable Iaws in effect atthe time of installation and which has been maintainedin good condition and is being used in a safe manner.
(f) HAZARDOUS PLUMBING. A11 plumbing excepr rharwhich conformed wi.th all appricabre raws in effect at.the'time of installat.ion and which has been maintainedin good condition and which is free of crossconnections. and siphonage between fixt.ures.
(g ) HAZARDOUS MECHANICAL EQUIPMENT. AIImechanical 'equipment, including vents, except thatwhich conformed with a]l applicibre laws in efiect atthe time of installation and which has been maintainedin good and safe condiEion.
(h) FAULTY WEATHER PROTECTION, whichinclude but not be Iimit.ed to the following:
( I ) Deteriorated, crumbling r or loose
p 1 as ter.
(2) Deteriorated or ineffectivewaterproofing of exterior waJ_Is, roof, foundations, orfloors, including broken windows or doors.
(3) Defective or lack of weather protectionfor exterior wa11 coverings or weathering due to lackof paint, or other approved protective coitings.
( 4 ) Broken, rotted, spl i t, or buckledext.erior wa11 coverings or roof coverings.
( i ) FIRE HAZARD. Any buitding or portionthereof, device, apparatus, equipmenc, combustibLe
\.raste t ot vegetation which, in t.he opinion of theBuilding Official or the Fire Chief, i= in suchcondition as t.o cause a fi.re or exprosion or provide aready fuel to augment the spread and intensiEy of fireor explos j.on arising f rom any cause.
( j ) FAULTY MATERIALS OF CONSTRUCTION. A11materiars of construction except those which are
lpecifically allowed or approved by this code and thestructural speciatry code and Fire and Life SafetyCoder dod which have been adequately maintained in ;good and safe condition.
shall
( k ) INADEQUATE MAINTENANCE. Any building orportion thereof which is determined to be an unsafebuilding as specified in the structurar speciarty codeand Fire and Lifg safety Code and/or the sprinqfierdBuilding Code Administrative Code.
-87 -
sEC. 1001 sEC. 1i01
(t) INADEQUATE EXITS. A11 buildings or port.ions
thereof not provided with adequate exit facilities as
required by this Code except. those buildings orportions thereof whose exit facilities conformed with
aII 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 exists through lack of ,or improper focation of exits, additional exits may berequired to be installed.
(m) INADEQUATE FIRE-PROTECTION OR FIRE-FIGHTING
EQUIPMENT. A11 buildings or portions thereof which are
not provided with the fire-resistive construction orfire-extinguishing systems or equipment required byEhis Code, except t.hose buildings or portions thereofwhich conformed with all applicable laws at the time oftheir construction and whose fire-resistive ineegrityand fire-extinguishing systems or equipment have beenadequately maintained and improved in relation co any
increase in occupant 1oad, alteration or addiE.ion, or
any change in occupancy.
(.t ) IMPROPER OCCUPANCY. Al l bu i i.dings or
portions thereof occupied for living, sleeping, cooking
or dining purposes which vrere not designed or j.ntended
to be used for such occupancies.
CHAPTER 1 1
ABATEI'IENT PROCEDURE
SECTION I lO I COI'1I'1ENCEI'IENT OF PROCEEDINGS. WhCNEVET
the Building Official has inspected or caused t.o be
inspected any building and has found and determined
that such building is a substandard building, (she shaIl
commence proceedings to cause Ehe repa i r,
rehabilitation, vacation or demoLit.ion of the building
according to the procedures specified in Section 204 of
the Springfield Building Code Administrative Code.
-BB-
Page I
September i, Lg87
planning commission and Elected officials of Eugene '
Springfield, and Lane CountY'
RE: Applicant's Rebuttal
Sycan B Metro Plan Amendment
87 -06 -84
ISSUE: Provides inadequate buffer '
Ladies and GenElemen:
The following staEement consti-tutes the applicana l: - te buttal
tocertainpointsmadebypartiesinopposition,filedasof
fugu"t 27, igaZ. This informaEion is inEended to supplement
and reiteraEe Ehe applicant's position as presented in Ehe
,ppfi.urra'" aPPlication and at the joint planning commission
meeting of August 18, 1987.
In summary' the Sycan B Corporatiol--luquests a redesignatj-on
of 6.I5 acres from CC and Lnn to MDR Eo accommodate a high
qualitymultiple-familyresidentialdevelopmentoft,woto
eight plex uniEs within a highly landscaped area ' It is
intended Ehis l.o3".t would ""ire as a buffer or transition
from more inEensive community commercial development that
abuLts to the west.
RESPONS E
perimete
uniEs.
The tota
the west
fami 1y
remains
effecEiv
reduce n
commerci
more sig
would oc
: The projecL proposes a highly landscaped 20 foot
r and interior open spaces between random siEed
Each unit will not exceed Ewo sEories in height'
I project will act as a buffer from CC zoned land Eo
. Colonial Dri ve separates five of the six single
residences thaE adjoin the site. The applicant
committed to deveiopmenE of' a buffer that will
e1y screen the pro3eit from outside view and help
oise, light and ictivities anEicipated from adjacent
aluSes.BufferingaSsEaEedwillbesubstantially
ni-ficant and. effecfive from Ehis proposal than whaL
cur in conjunction with single family lots'
ISSUE: Adversely affect property values '
RESPONSE:Al1eg ation unsubstantiated.Ap plicant proPoses
72 units of aPP roximately $52,500 each ( inc Iud ing
infrastructure and ProPertY cosEs). Colonial D rive assessed
valuations range from $Z I , 190 to $79,700, and average
$42,314, per Lane CouncY A ssessment and Taxation records '
The proposal would i-nvolve upscale struct.ural uniEs of a
Eype on par or beEter than the surrounding area.
Page 2
ISSUE: Would change quiet residencial neighborhood.
RESPONSE: Proposed are approximaEely 72 dwelling units or-iilffiling units more than maximum LDR use of the site'
The projecL will int-roduce additional people and Eraf fic to
Ehe .r"u. However the amount of both is wiEhin exPectations
of urban level developmenE envisioned by the Metro Plan and
wiEhin standard Eraffic capaciEies for area streeEs.
The subject site and surrounding area is within the uGB.
More inEensive land uses within Ehe UGB are anticipaEed.
The long term maintenance of deadend streeEs is counter
productive to metro goals and policies to encourage maximum
utilizatlon of urbani zable lands and to a110w for Ehe
orderly extension of urban leve1 streeEs and services.
Residents of the area appear unaware that inclusion of this
area wi-thin the uGB anticipaEes more intensive uses chat now
oc cur .
I SSUE :\^/ould sub j ect neighborhood Eo an inf lux of transienE
indi-vi duals and increase crime.
RESPONS E :
$500/mo.
transients
proposed
developmen
allegation
The applicanE does propose Eo rent units in the
range, as renters they may be considered
, ho-wever both rent scale and the type of housing
would tend Eo suggest people residing in !h"
t will not be -of low income stacus' The
of increased crime is unsubsEanEi-ated '
ISSUE: The apPlicant has made an
may change in character
from what is ProPosed.
attractive
and densi-Ey
proposal that,
when approved
RESP0NSE: The aP P1 ican t , SYcan B.and Mr. Durward BoYles,
have sta ted in writing and on the record aE the August 18,
1987, public hearing and at a neig hborhood meeEing ca1led bY
Mr. Boyles on August 26, L987, th at the ProPosal Presented
is conceptual buE thaE it will not exce e d 14 d't/ ac, wil l be
similar to the concePtual Plan Pr esented and will Provide
extensive landscaping as indicated.
intent to create and Provide a g
project thaE will enhance Ehe
commun j-tY character.
It is Ehe applicant q s
ood looking residenti-al
nej-ghborhood and local
on L.he affected streets
be significantly below
proposed develoPmeht.
Colonial Dri ve and Bel
operate aE accePtable 1e
Street
Page 3
congesEi-on and
Drive and other
in the project vicinity are and will
generally accepted 1eve1s with the
Intersections of Game Farm Road/
tline Road/Beltline ConnecEor will
vels of service ' Future volume
Acceptable Existing with MDR
Vo 1 ume Vo I ume ,rt /o Ra leiehwood
ISSUE: The proposed will result in serious
deErimential j-mpacE s to Colonial
streets i.n the Pro ject vicinitY '
RESP0NSE: The table be10w illustrates thaE traffic volumes
Colonial Drive
Raleighwood Ave.
Beltline Road
Game Farm Road
10-14 feet of LraveI
Ra 1e i ghwood Ave nue
width. Based on research
was desi-gned for Parking
1,000
1,000
9, ooo
6,000
0- 170
20- 250
2700
2400 - 2800
70- i00
480- 690
2350- 3400
2050-3250
in fo rmat io n ,
on one side.
lSSUE: Raleighwood Avenue is substandard for extension into
project.
RESPONSE: Ralei ghwood Avenue is paved 26 feet wide curb-to-
street leavingcurb. Residents Park on both sides of the
Adherence to the intended design would provide adequate
travel width for extension to the proposed project.
ISSUE: Beltli-ne Access as indicated is unacceptable
RESPONSE: The primary access to the development is from
Belcline Road. An' estimated 61 percent of the site
generated traffic would access via BeItline Road based on
Ehe conceptual site plan. The intersection creaEed aE
Beltline Road provides adequate separation disEance between
the proposed Hutton Drive to the west and Game Farm Road to
the easE, BS required by the city development code. This
section at the BeltIine Road carries low volumes of traffic.
The proposed inEersection wiEh Beltline Road would operate
aE a good leve1 of service.
Page 4
ISSUE: Inadequate Cul-de-sac length
RESP0NSE: The conceptual plan as depicted, does not proPose
;=;i=-sac. Instead, an on-site looped street system is
depicted with the poEential for fut,ure connection to
Ralelghwood Avenue. other options such as exEension of
Kruse way to the site or an additional connection to
Colonial Drive are possible opti-ons '
CONCLUSION:
Res ectfully Submitted,
Harry Tayl
\Ilith respecE to traffi-c issues we concur wiEh the findings
of springfield TransporEation Manager Gary McKenney thaE 1 )
traffic volume" g"n"iated by the proposed MDR use would noE
be significantly greaEer than those expected from the
exisriig LDR o"", " 2) potential transportation benefits
could be derived from development of this siEe and 3 )
traffic volumes on sEreets in ln" project vicinity will be
affected more by siEe design and connettion to existi-ng and
proposed sEreets than by any difference in Ehe proposed
densitY.
The applicanE. has presenEed a detailed proposal in good
faith Eo provide a level of information beyond thaE normally
required for a plan amendment . Sycan B. intends to develop
this six acres as outline and believes Ehat the type, sj-ze
and scale of the project can be compatible with the area'
Upon plan amendmenE approval, further details and additional
publi-c comme ot/review'will occur at zone change, annexaEion
and siEe review phases. We urge your approval of this
amendment as PresenEed.
f,""*- / lZ-<*
/ia^es l. Branch
5 aclobea., lgBT
To uttuor i.L may corLcerzn;
RL: Ttwpe,rttl ,Lau Led q.L 6O9 Swni*
SWin*{,Ldn, One4on
Thia Lell,e/L i-d Lo in loam you Llt-o,L J am p,zeaenU4-
tnaa*)ng wi.ilt Slve:tzy l"Lenerwatl iLu,lae, licenael,
Rea),Laa. wi-th. Haruerwuy Rea),Laea in Catta.ge $,loue
and. a bu,Ute* aegand,ing Lhe liae, danngen bwi.Wina
aL the- aboue adL,ze-ea. t on" aoa,/Lv f.oz drzaqWrq.
Li;izt au,L {az ao Lorug, t ,j ual wan'L abio./Le of. ilte
carLaquetl&,4. Th,an"k- you {aa Vau,t, @tzaide:to,LLart-
S.Lncel,e,l,t1 ,\
Chd# Gd*s-^-
Ch*La Lena. C-a,r-.laa n"
7924 Souilt Tauil)t
Cot-taqe $zaue, Oae 97424
t'--*i