Ordinance 1999COUNCIL BILL N0. 1077
ORDINANCE N0. 1999
AN ORDINANCE PROVIDING FOR THE ABATEMENT OF BUILDING NUISANCES; REPEALING
ORDINANCE 1620; AND DECLARING AN EMERGENCY.
WHEREAS, building nuisances affect the livability of the Woodburn
community; and
WHEREAS, the Woodburn City Council has publicly stated that
the city should take a positive and more vigorous approach to nuisance
violations; and
WHEREAS, the existing dangerous building ordinance can be
streamlined to be clearer and more enforceable; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions. For the purposes of this ordinance,
the following mean:
Dangerous building.
(A) A structure that, for lack of proper repairs or because
of age and dilapidated condition or of poorly installed electrical wiring
or equipment, defective chimney, gas connection or heating apparatus,
or for any other reason, is liable to cause fire, and which is situated
or occupied in a manner that endagers other property or human life.
(B) A structure containing combustible or explosive materials
or inflammable substances liable to cause fire or danger to the safety
of the building, premises or to human life.
(C) A structure that is in a filthy or unsanitary condition
liable to cause the spread of contagious or infectious disease.
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(D) A structure in such a weak, dilapidated or deteriorated
condition that it endagers a person or property because of the probability
of partial or entire collapse.
Person. Every natural person, firm, partnership, association
or corporation.
Section 2. Nuisance Declared. Every building found by the
Council to be a dangerous building is declared to be a public nuisance
and may be abated by the procedures specified in this ordinance or by
a suit for abatement brought by the city.
Section 3. Initial Action. When a city official determines
that there is a dangerous building, the official shall report it to the
Council. The Council shall, within a reasonable time, fix a time and
place fora public hearing.
Section 4. Mailed Notice.
(A) The City Recorder shall notify the owner of the building
and, if not the same person, the owner of the property on which the building
is situated. The notice shall state:
(1) That a hearing will be held concerning the nuisance
character of the property; and
(2) The time and place of the hearing.
(B) A copy of this notice shall be posted on the property.
Section 5. Published and Posted Notices. Ten days' notice
of the hearing shall be published in a newspaper of general circulation
in the city or by posting notices in three public places in the city.
Section 6. Hearing.
(A) At the hearing, the owner or other persons interested
in the dangerous building shall have a right to be heard.
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(B) The Council may inspect the building and may consider
the facts observed by it in determining if the building is dangerous.
(C) If the Council determines that the building is dangerous,
the Council may by resolution:
(1) Order the building to be abated; or
(2) Order the building to be made safe and prescribe
what must be done to make it safe.
Section 7. Council Orders; ~iotice. Five days' notice of the
Council's findings and any orders made by
to the o~vner of the building, the owner's
it. If the orders are not obeyed and the
the time specified by the order (being no
Council may order the building demolished
of the property on which it is situated.
the Council shall be given
agent or other person controlling
building not made safe within
t less than five days), the
or made safe at the expense
Section 8. Abatement by the City.
(A) If the Council orders are not complied with, the Council may:
(1) Specify the work to be done;
(2) File a statement with the recorder; and
(a) Authorize city crews to complete the work, or
(b) Advertise for bids for doing the work in the
manner provided for advertising for bids for
street improvements.
Section 9. Assessment.
(A) The Council shall determine the probable cost of the work
and assess the cost against the property upon which the building is situated.
The assessment sha11 be declared by resolution, and it shall be entered
in the docket of city liens and become a lien against the property.
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(B) The creation of the lien and the collection and enforcement
of the cost shall be performed in substantially the same manner as assessments
for street improvements.
Section 10. Summary Abatement. The procedures of this ordinance
need not be followed if a building is unmistakably dangerous and imminently
endangers human life or property. In this instance, the city may summarily
demolish the building.
Section 11. Errors in Procedure. Failure to conform to the
requirements of this ordinance that does not substantially affect a legal
right of a person does not invalidate a proceeding under this ordinance.
Section 12. Civil Infraction.
(A) A violation of any provision of this ordinance constitutes
a civil infraction and may be dealt with according to the procedures
established by Ordinance No. 1996,
(B) Subsection A of this section provides an alternative remedy
to the abatement provisions contained elsewhere in this ordinance and
shall not be read to prohibit abatement of building nuisances as so provided.
Section 13. Repeal. Ordinance 1620 is hereby repealed.
Section 14. Emergency Clause. This ordinance being necessary
for the immediate preservation of the public peace, health, and safety,
an emergency is declared to exist and this ordinance shall take effect
immediately Council and approval
upon passage by the by the hlayor.
Approved as ~
to form:
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City Attorney
Date
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APPROVED: ;,,~~~ a~~..c`°'
NANC A. KIRK~SE MAYOR
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Passed by the Council May 23, 1988
Submitted to the Playor May 23, 1988
Approved by the Mayor May 23, 1988
Filed in the office of the Recorder May 23, 1988
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ATTEST: ,~.%/~~.iz.,°~,~ t''' ,~~~1t'1-i:~. ~,%°~'
Barney 0. urr3~°, Recorder
City of bJoodburn, Oregon
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