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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