Ord 1620COUNCIL BILL N0, 449
ORDINANCE N0. 1620
AN ORDINANCE PROVIDING FOR THE ABATEMENT OF BUILDING NUISANCES;
AND REPEALING ORDINANCE N0. 737.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. Definitions.
For the purposes of tr~is
ordinance:
(1} The term "dangerous building" shall include:
(a} A structure which., for the want of proper repairs
or by reason of age and dilapidated condition or by reason
of poorly installed electrical wiring or equipment, defective
chimney, defective gas connection, defective heating apparatus,
or for any other cause or reason, is especially liable to
fire and which is so situated or occupied as to endanger
any oti~er building or property or human life.
(b} A structure containing combustible or explosive
material, rubbish, rags, waste, oils, gasoline or inflammable
substance of any kind especially liable to cause fire or
danger to the safety of such building, premises or to human
life.
(c) A structure which shall be kept or maintained
or shall be in a filthy or unsanitary condition, especially
liable to cause the spread of contagious or infectious
disease or diseases.
(d} A structure in such weak or weakened condition,
or dilapidated or deteriorated condition, as to endanger
any person or property by reason of probability of partial
or entire collapse.
(2) The term "person" shall include every natural person,
firm, partnership, association or corporation.
Section 2. Nuisance. Every building or part thereof
which is found by the Council to be a dangerous building is
hereby declared to be a public nuisance; and the same may be
abated by the procedures herein specified, or a suit for abate-
ment thereof may be brought by the City.
Page 1 - Council Bill No. 449
Ordinance No. 1620
Section 3. Initial Action. Whenever a city official
shall find or be of the opinion that there is a dangerous building
in the city, it shall be his duty to report the same to the
Council. Thereupon, the Council shall, Within a reasonable time,
fix a time and place for a public hearing thereon.
Section 4. Hearing; Mailed Notice. Notice shall be
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sent by certified or registered mail, return receipt requested,
to the owner of record of the premises whereon the building
in question is located, by the City Recorder, notifying the owner
in general terms that a hearing will be held concerning the nuisance
character of the property, and the time and place thereof. A copy
of this notice shall also be posted on the property. At said
time and place, or at such other time or place as the Council may
adjourn to, the hearing shall be held; and the Council shall
determine by resolution whether or not the building is dangerous.
The Council may, as a part of the hearing, inspect the building;
and the facts observed by the Council at such inspection may be
considered by it in determining whether or not the building is
dangerous. At the hearing the owner or other person interested
in the property or building shall have the right to be heard. At
such hearing the Council shall have the power to order any building
declared to be dangerous removed and abated, if in its judgment
such removal or abatement is necessary in order to remove the
dangerous condition, or the Council shall have the power to order
the building made safe and to prescribe what acts or things
must be done to render the same safe.
Page 2 - Council Bill No. 449
Ordinance No. 1620
Section 5. Published and Posted Notices, Ten days'
notice of any hearing shall be published in a newspaper of general
circulation in the City or by posting notices thereof in three
public places in the City. If the last-mentioned notice is
published or given as herein required, no irregularity or failure
to mail notices shall invalidate the proceedings.
Section 6. Council Orders; Notice. Five days' notice
of findings made by the Council at a hearing and any orders
made by the Council shall be given to the owner of the building,
his agent or other person controlling the same; and if the orders
are not obeyed and the building rendered safe within the time
specified by the order (being not less than five days}, then the
Council shall have the power and duty to order the building
removed or made safe at the expense of the property on which the
same is situated.
Section 7. Abatement by City. In the event that the
Council orders are not complied with,
with convenient certainty the work to
a statement thereof with the Recorder
bids for the doing of the work in the
for bids for street improvement work.
opened and the contract let.
the Council must specify
be done and shall file
and shall advertise for
manner provided for advertising
Bids shall be received,
Section 8. Assessment. The Council shall ascertain
and determine the probable cost of the work and assess the same
against the property upon which the building is situated. The
assessment shall be declared by resolution, and it shall be entered
in the docket of city liens and shall thereupon be and become a
Page 3 - Council Bill No. 449
Ordinance No. 1620
lien against the property. The creation of the lien and the
collection and enforcement of the cost shall all be performed
in substantially the same manner as in the case of the cost of
street improvements, but irregularities or informalities in the
procedure shall be disregarded.
Section 9. Summary Abatement. The procedures of
this ordinance pertaining to Counc:
building need not be followed when
dangerous and imminently endangers
such an instance, the Chief of the
Marshal or the Chief of Police may
the condition.
it declaration of a dangerous
a building is unmistakably
human life or property. In
Fire Department, the Fire
proceed summarily to abate
Section 10. Penalty. Any person who shall be the
owner of, or shall be in possession of, or in responsible charge
of, any dangerous building within the City and who shall knowingly
suffer or permit the building to be or remain dangerous for
as long as 10 days after receipt of the notice specified in
Section 6 shall be guilty of a violation of this ordinance and
shall, upon conviction thereof, be fined not to exceed $500.00.
Section 11. Repeal. Ordinance No. 737, enacted
March 3, 1936, is repealed.
Passed by the Council
Submitted to the Mayor
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AP P ROVE ~ ~ <,; C_•µ ~ ,-~--~
ST~A LEY C. LISS, Mayor
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June-13 1978
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST .~
BARNEY 0 . ~URRIS , Recorder
City of Woodburn, Oregon
Page 4 - Council Bill No. 449
Ordinance No. 1620
June 13, 1978
June 14, 1978
June 14, 1978
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1620, one of which said copies posted in the
City Hall on the bulletin board adjacent to the entrance to
the Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Community Center bulletin board at 491 N. Third St.,
in full view of the traveling public; that all of said places
are public places within the corporate limits of the City
of Woodburn and all of said copies were posted on the
day of June 1978.
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Barney 0. Bu ris, Recorder
City of Woodburn, Oregon