Chapter 151: Dangerous Buildings - City of Mt. Angel, OR

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 endangers other property or human life;

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;

(3)

A structure that is in a filthy or unsanitary condition liable to cause the spread of contagious or infectious disease; or

(4)

A structure in such weak, dilapidated, or deteriorated condition that it endangers a person or property because of the probability of partial or entire collapse.

(1993 Code, § 7-1.1; Ord. 591, passed 6-23-1993)

§ 151.02 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 chapter or by a suit for abatement brought by the city.

Penalty, see § 151.99

(1993 Code, § 7-1.2; Ord. 591, passed 6-23-1993)

§ 151.03 INITIAL ACTION.

When a city official or authorized representative 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 for a public hearing.

(1993 Code, § 7-1.3; Ord. 591, passed 6-23-1993)

§ 151.04 NOTICE OF HEARING.

Mailed notice.

The City Administrator/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:

(a)

A hearing will be held concerning the nuisance character of the property; and

(b)

The time and place of the hearing.

A copy of this notice shall be posted on the property.

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 3 public places in the city.

(1993 Code, § 7-1.4; 1993 Code, § 7-1.5; Ord. 591, passed 6-23-1993)

§ 151.05 HEARING.

At the hearing, the owner or other persons interested in the dangerous building shall have a right to be heard.

The Council may inspect the building and may consider facts observed in determining if the building is dangerous.

(C)

If the Council determines that the building is dangerous, the Council may by resolution:

Order the building to be abated; or

§ 151.07 ABATEMENT BY CITY; ASSESSMENT.

Order the building to be made safe and prescribe what must be done to make it safe.

(1993 Code, § 7-1.6; Ord. 591, passed 6-23-1993)

§ 151.06 COUNCIL ORDERS; NOTICE.

Five days' notice of the Council's findings and any orders made by the Council shall be given to the owner of the building, the owner's agent, or other person controlling it. If the orders are not obeyed and the building not made safe within the time specified by the order (not less than 5 days), the Council may order the building demolished or made safe at the expense of the property on which it is situated.

Penalty, see § 151.99

(1993 Code, § 7-1.7; Ord. 591, passed 6-23-1993)

Abatement by the city.

If the Council orders are not complied with, the Council may:

(a)

Specify the work to be done; and

(b)

File a statement with the Administrator/Recorder.

Specified work will be accomplished following established purchasing and procurement procedures.

Assessment.

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 shall be declared by resolution, and it shall be entered in the docket of city liens and become a lien against the property.

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.

(1993 Code, § 7-1.8; 1993 Code, § 7-1.9; Ord. 591, passed 6-23-1993)

§ 151.08 SUMMARY ABATEMENT.

The procedures of this chapter need not be followed if a building is unmistakably dangerous and imminently endangers human life or property. In this instance, the Fire Chief, the Fire Marshal, or the Chief of Police may summarily demolish the building.

(1993 Code, § 7-1.10; Ord. 591, passed 6-23-1993)

§ 151.09 ERRORS IN PROCEDURE.

Failure to conform to the requirements of this chapter that does not substantially affect a legal right of a person does not invalidate a proceeding under this chapter.

(1993 Code, § 7-1.11; Ord. 591, passed 6-23-1993)

§ 151.99 PENALTY.

Any violation of this chapter constitutes a class 1 civil infraction and shall be dealt with in accordance with the procedures established by Chapter 34 of this code.