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04/02/1998 - Packet CITY OF TIGARD OREGON COMMUNITY HOUSING TASK FORCE MEETING at CITY OF TIGARD 13125 SW HALL BLVD Red Rock Conference Room Thursday, April 2, 1998 1:00 pm to 3:00 pm AGENDA I. Self introductions. II. Approval of March 5, 1998 meeting minutes. III. Work session. A. Review of substantive provisions of proposed ordinance. B. Other. IV. Meeting schedule confirmation. V. Adjourn. i:\bldg\sweber\commhous\agendas\agd04O2.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503) 684-2772 MEMORANDUM CITY OF TIGARD T0: Community Housing Task Force FROM: David Scott, Building Official DATE: March 20, 1998 SUBJECT: Packet for April 2 Meeting Here is the packet for the April 2 meeting. The packet includes: - draft ordinance - minutes of March 5 - agenda for April 2 Please be prepared to discuss the draft ordinance. Also, please be prepared to discuss the issue of"non-conforming" buildings. COMMUNITY HOUSING TASK FORCE MEETING Minutes of Thursday, March 5, 1997 Tigard City Hall MEMBERS PRESENT: Sharon Fleming-Barret, Robert Flug, Sally Parks and Councilor Ken Scheckla. MEMBERS ABSENT: Emily Cedarleaf, Sheila Greenlaw-Fink, Cecilia Maciel, Dedi Streich and Susan Wilson. ALSO PRESENT: Ron Bline, owner of Walnut Court Apartments, Tim O'Brien (with Marcus and Millichap) and David Scott, Building Official, City of Tigard. The meeting was convened at approximately 1:15 p.m. I. SELF INTRODUCTIONS: Introductions were made. Robert Flug announced that he will be the new representative for Oregon Legal Services, in lieu of Ellen Johnson. The Task Force concurred with this replacement. II. APPROVAL OF FEBRUARY 12, 1998, MEETING MINUTES The minutes were approved. 111. WORK SESSION: A. Program efficiency and equity The Task Force considered what are the elements of program efficiency. The following elements were identified: • sufficient staff to respond to complaints and issues within a reasonable time • adequate funding to support necessary staff levels • reactive vs. pro-active inspections (reliance upon tenants/others to identify violations) • program processes well defined for dealing with issues that will arise • deal with legitimate complaints (screening process for illegitimate complaints) • use of alternate inspection methods (self certification of corrections by landlord/tenant) • multi-lingual notices and phone messages • automated phone response for providing information • general user friendliness for all users • refer tenants to landlords if they haven't addressed the issue with the landlord yet Community Housing Task Force Meeting Minutes of March 5, 1997 Page 2 Next the Task Force considered what are the elements of program equity. The following elements were identified: • program responsive to tenants who are afraid to call landlord when they have a problem • staff discretion to work out compliance issues within general guidelines • provision of information re: Landlord - Tenant laws for all users • protection of tenants against retaliatory actions • referrals to legal services for tenants • referrals to landlord associations for landlords • consideration of relocation issues when a unit is deemed "uninhabitable" • adequate time for compliance without penalty accruing • call to landlord before inspection • staff reasonable to work with regarding compliance time • process for screening issues/complaints stemming from neighbor "feuds" Next the Task Force identified those elements of program efficiency and equity that are compatible and incompatible: All elements were identified as compatible except for two basic issues which are listed below. • need for a process of screening complaints for program efficiency and fairness to landlords/owners vs. need for program to be accessible to tenants/neighbors who might be afraid to call or involve their landlord/neighbor in a matter • need for a reasonable time for landlords/owners to comply with noticed violations vs. general need to achieve timely compliance The Task Force agreed that these conflicting issues can be reconciled by achieving a balance between the goals they reflect. The issue of how to achieve this balance was deferred to a future meeting, to allow the Task Force time to review and reach consensus on the substantive provisions of the ordinance. The specific provisions of the ordinance are important to the discussion of compliance times. B. Who should pay for the housing program? The Task Force reviewed which of Tigard's constituencies should pay for the program. At this stage of the discussion, "pay" refers to general financial responsibility for the program. Future discussions will address the issue of what share and mechanism for payment is appropriate for the various constituencies. The following constituencies were identified: • owners of rental units with violations • owners of owner occupied units with violations • owners of rental units generally Community Housing Task Force Meeting Minutes of March 5, 1997 Page 3 • owners of owner occupied units generally • owners of commercial property and/or businesses • residential tenants • commercial tenants • utilities • solid waste haulers Staff will provide the Task Force with a listing of all constituencies who currently provide some sort of revenue to the City for future discussion of who should pay. C. What compliance mechanisms should be employed? This item was deferred to a future meeting. D. What funding/compliance package should be adopted? This item was deferred to a future meeting. E. What implementation and program policies should be adopted? This item was deferred to a future meeting. F. Other The Task Force agreed that the next issue for review should be the specific substantive provisions of the ordinance. This topic will be the sole item cf the next meeting's work session. V. MEETING SCHEDULE CONFIRMATION: The next meeting was tentatively scheduled for 4/2/98, same time and location. Future meetings will be determined as necessary at the 4/2/98 meeting. VI. ADJOURN The meeting adjourned at approximately 3:15PM. Respectfully submitted, David Scott Building Official is\bldglsweber\commhous\minutes\minO306.doc TIGARD MUNICIPAL CODE Chapter 14.16 PROPERTY MAINTENANCE REGULATIONS 14.16.350 Maintenance of Facilities and Equipment. Sections: 14.16.360 Swimming Pool Enclosures. 14.16.370 Special Standards for Single-Room 14.16.010 Chapter Title. Occupancy Housing Units 14.16.020 Purpose. 14.16.380 Dangerous and Derelict Structures, 14.16.030 Scope. Generally. 14.16.040 Application of Titles 14 and 18. 14.16.390 Derelict Buildings. 14.16.050 Use of Summary Headings. 14.16.400 Dangerous Structures 14.16.060 Definitions,Generally. 14.16.410 Abatement of Dangerous 14.16.070 Specific Definitions. Structures. 14.16.080 Housing Maintenance 14.16.420 Inspections Required. Requirements,Generally. 14.16.430 Fee-paid Inspections for 14.16.090 Display of Address Number. Residential Structures. 14.16.100 Accessory Structures. 14.16.440 Occupancy of Residential Property 14.16.110 Roofs. After Notice of Violation. 14.16.120 Chimneys. 14.16.450 Illegal Residential Occupancy. 14.16.130 Foundations and Structural 14.16.460 Interference with Repair, Members. Demolition,or Abatement 14.16.140 Exterior Walls and Exposed Prohibited. Surfaces. 14.16.150 Stairs and Porches. 14.16.160 Handrails and Guardrails. 14.16.010 Chapter Title. 14.16.170 Windows. 14.16.180 Doors. This Chapter shall be known as "Property 14.16.190 Interior Walls,Floors,and Ceilings. Maintenance Regulations,"and is referred to herein as 14.16.200 Interior Dampness. "this Chapter." 14.16.210 Insect and Rodent Harborage. 14.16.220 Cleanliness and Sanitation. 14.16.020 Purpose. 14.16.230 Bathroom Facilities. 14.16.240 Kitchen Facilities. The purpose of this Chapter is to protect the 14.16.250 Plumbing Facilities. health,safety and welfare of Tigard citizens,to prevent 14.16.260 Heating Equipment and Facilities. deterioration of existing housing,and to contribute to 14.16.270 Electric System,Outlets,and vital neighborhoods by: Lighting. 14.16.280 Ceiling Heights. (A)Establishing and enforcing minimum 14.16.290 Sleeping Room Requirements. standards for residential structures regarding basic 14.16.300 Overcrowding. equipment,facilities,sanitation, fire safety,and 14.16.310 Emergency Exits. maintenance. 14.16.320 Smoke Detectors. 14.16.330 Fire Safety Conditions for (B)Regulating and abating dangerous and Apartment Houses and Hotels of derelict buildings. More Than Two Stories. 14.16.340 Hazardous Materials. 14-16-1 TIGARD MUNICIPAL CODE 14.16.030 Scope. This provisions of this Chapter shall apply to (2) Accessory Structure. Any all property in the City except as otherwise excluded by structure not intended for human occupancy which is law• located on residential property.Accessory structures may be attached to or detached from the residential 14.16.040 Application of Titles 14 and 18. structure. Examples of accessory structures include: garages,carports,sheds,and other non-dwelling Any alterations to buildings,or changes of buildings;decks,awnings,heat pumps,fences,trellises, their use,which may be a result of the enforcement of flag poles,tanks,towers,exterior stairs and walkways, this Chapter shall be done in accordance with applicable and other exterior structures on the property. Sections of Title 14(Buildings and Construction)and Title 18(Zoning)of the Code of the City of Tigard. (3) Apartment House. See Dwelling Classifications. 14.16.050 Use of Summary Headings. (4) Approved. Meets the standards This Chapter makes use of summary headings set forth by applicable Tigard City Code including any (in bold face type)on chapters,sections,and applicable regulations for electric,plumbing,building, subsections to assist the reader in navigating the or other sets of standards included by reference in this document.In the event of a conflict in meaning between Chapter. the bold heading and the following plain text,the meaning of the plain text shall apply. (5) Basement. The usable portion of a building which is below the main entrance story and is partly or completely below grade. 14.16.060 Definitions,Generally. (6) Boarded. Secured against For the purpose of this Chapter,certain entry by apparatus which is visible off the premises and abbreviations,terms,phrases,words and their is not both lawful and customary to install on occupied derivatives shall be construed as specified in this structures. Chapter. Words used in the singular include the plural . and the plural the singular. Words used in the masculine (7) Building. Any structure used gender include the feminine and the feminine the or intended to be used for supporting or sheltering any masculine.':And" indicates that all connected items or use or occupancy. provisions apply. "Or" indicates that the connected items or provisions may apply singly or in combination._ (8) Building,Existing. Existing Terms,words,phrases and their derivatives used,but building is a building erected prior to the adoption of not specifically defined in this Chapter,either shall have this Chapter,or one for which a legal permit has been the meanings defined in Title 14,or if not defined,shall issued. have their commonly accepted meanings. (9) Building Official.The Building 14.16.070 Definitions. Official,or authorized representative,charged with the enforcement and administration of this Chapter. The definition of words with specific meaning in this Chapter are as follows: (10) Ceiling Height. The clear distance between the floor and the ceiling directly above it. (1) Abatement of a nuisance. The act of removing, repairing,or taking other steps as may be (11) Court. A space,open and necessary in order to remove a nuisance. unobstructed to the sky, located at or above grade level 14-16-2 TIGARD MUNICIPAL CODE on a lot and bounded on three or more sides by walls of Housing Unit. A one-room dwelling unit in a hotel a building. providing sleeping,cooking,and living facilities for one or two persons in which some or all sanitary or (12) Dangerous Building. See cooking facilities(toilet, lavatory, bathtub or shower, Dangerous Structure. kitchen sink,or cooking equipment)may be shared with other dwelling units. (13) Dangerous Structure. Any structure which has any of the conditions or defects (g) Manufactured Dwelling. described in Section 14.16.400,to the extent that life, The term"manufactured dwelling" includes health,property,or safety of the public or its occupants the following types of single-family dwellings: are endangered. (1) Residential Trailer. (14) Derelict Building. Any A structure constructed for movement on the structure which has any of the conditions or defects public highways that has sleeping,cooking, and described in Section 14.16.390(A) plumbing facilities,that is intended for human occupancy,that is being used for,or is intended to be (15) Duplex. See Dwelling Classifications, used for,residential purposes,and that was constructed "Two-Family Dwelling." before January 1, 1962. (16) Dwelling. Any structure (2) Mobile Home. containing dwelling units, including all dwelling A structure constructed for movement on the classifications covered by this Chapter. public highways that has sleeping,cooking,and plumbing facilities,that is intended for human (17) Dwelling Classifications. Types of occupancy,that is being used for,or is intended to be dwellings covered by this Chapter include: used for,residential purposes,and that was constructed between January 1, 1962,and June 15, 1976,and met (a) Single-Family Dwelling. A the construction requirements of Oregon mobile home structure containing one dwelling unit. law in effect at the time of construction. (b) Two-Family Dwelling. A (3) Manufactured structure containing two dwelling units,also known as a Home. A structure constructed for movement on the "duplex." public highways that has sleeping,cooking, and plumbing facilities,that is intended for human (c) Apartment House. occupancy,that is being used for,or is intended to be Any building or portion of a building containing three used for,residential purposes,and that was constructed or more dwelling units,which is designed,built,rented, in accordance with federal manufactured housing leased, let,orhired out to be occupied for residential construction and safety standards and regulations. living purposes. Manufactured Dwelling does not include any (d) Hotel. Any structure unit identified as a recreational vehicle by the containing six or more dwelling units that are intended, manufacturer. designed, or used for renting or hiring out for sleeping purposes by residents on a daily,weekly,or monthly (18) Dwelling Unit. One or more basis. habitable rooms that are occupied by,or designed or intended to be occupied by,one person or by a family (e) Motel. For purposes of this or group of house mates living together as a single Chapter,a motel shall be defined the same as a hotel. housekeeping unit that includes facilities for living and sleeping and,unless exempted by this Chapter in (f) Single-Room Occupancy Sections 14.16.230 and 14.16 2140, also includes 14-16-3 TIGARD MUNICIPAL CODE facilities for cooking,eating,and sanitation. enforcement of this Chapter. (19) Exit. (Means of Egress.)A (30) Interested Party. Any person or continuous,unobstructed means of escape to a public entity that possesses any legal or equitable interest of way,as defined in the building code in effect in the record in a property including but not limited to the City. holder of any lien or encumbrance of record on the property. (20) Exterior Property Area. The sections of residential property which are outside the (31) Kitchen.A room used or designed to exterior walls and roof of the dwelling. be used for the preparation of food. (21) Extermination. The elimination of (32) Lavatory. A fixed wash basin insects, rodents, vermin or other pests at or about the connected to hot and cold running water and the affected building. building drain and used primarily for personal hygiene. (22) Floor Area. The area of clear (33) Maintenance. The work of floor space in a room exclusive of fixed or built-in keeping property in proper condition to perpetuate its cabinets or appliances. use. (23) Habitable Room(Space). Habitable (34) Manufactured Dwelling. See room or space is a structure for living,sleeping,eating Dwelling Classifications. or cooking. Bathrooms,toilet compartments,closets, halls, storage or utility space,and similar areas are not (35) Motel. See Dwelling considered habitable space. Classifications. (24) Hotel. See Dwelling Classifications. (36) Occupancy. The lawful purpose for which a building or part of a building is used or (25) Human Habitation. The use of intended to be used. any residential structure or portion of the structure in which any person remains for continuous periods of two (37) Occupant. Any person hours or more or for periods which will amount to four (including an owner or operator)using a building,or or more hours out of 2 hours in one day. any part of a building, for its lawful, intended use. (26) Immediate Danger. Any (38) Occupied. Used for an condition posing a direct immediate threat to human occupancy. life,health,or safety. (39) Operator. Any person who (27) Infestation. The presence within has charge,care or control of a building or part of a or around a dwelling of insects,rodents,vermin or other building in which dwelling units are let or offered for pests to a degree that is harmful to the dwelling or its occupancy. occupants. (40) Outdoor area. All parts of (28) Inspection. The examination of property that are exposed to the weather including the a property by the Building Oficial for the purpose of exterior of structures built for human occupancy.This evaluating its condition as provided by this Chapter. includes,but is not limited to;open and accessible porches,carports,garages,and decks;accessory (29) Inspector. An authorized structures,and any outdoor storage structure. representative of the Building Official whose primary function is the inspection of properties and the (41) Owner. The person whose name 14-16-4 TIGARD MUNICIPAL CODE and address is listed as the owner of the property by the Chapter. County Tax Assessor on the County Assessment and Taxation records. (50) Shall. As used in this Chapter, is mandatory. (42) Plumbing or Plumbing Fixtures. Plumbing or plumbing fixtures mean any water (51) Single-Family Dwelling. See heating facilities,water pipes,vent pipes,garbage or Dwelling Classifications. disposal units,waste lavatories,bathtubs,shower baths, installed clothes-washing machines or other similar (52) Single-Room Occupancy Housing equipment,catch basins,drains,vents,or other similarly Unit. See Dwelling Classifications. supplied fixtures,together with all connection to water, gas,sewer,or vent lines. (53) Sink. A fixed basin connected to hot and cold running water and a drainage system and (43) Property. Real property and primarily used for the preparation of food and the all improvements or structures on real property, from washing of cooking and eating utensils. property line to property line. (54) Sleeping Room. Any room (44) Public right of way. Any designed,built, or intended to be used as a bedroom as sidewalk,planting strip,alley,street,or pathway, well as any other room used for sleeping purposes. improved or unimproved,that is dedicated to public use. (55) Smoke Detector. An approved detector which senses visible or invisible particles of (45) Repair. The reconstruction or combustion and which plainly identifies the testing renewal of any part of an existing structure for the agency that inspected or approved the device. purpose of its maintenance. (56) Structure. That which is built (46) Resident. Any person or constructed,an edifice or building of any kind,or (including owner or operator)hiring or occupying a any piece or work artificially built up or composed of room or dwelling unit for living or sleeping purposes. parts joined together in some definite manner. (47) Residential Property. Real (57) Substandard. In violation of any property and all improvements or structures on real of the minimum requirements as set out in this Chapter. property used or intended to be used for residential purposes including any residential structure,dwelling, (58) Summary Abatement. Abatement or dwelling unit as defined in this chapter and any of a nuisance by the City,or by a contractor hired by mixed-use structures which have one or more dwelling the City,without obligation to give prior notice of the units. Hotels that are used exclusively for transient abatement action to the owner or occupant of the occupancy,as defined in this Chapter,are excluded property. from this definition of residential property. (59) Supplied. Installed,furnished (48) Residential Rental Property. or provided by the owner or operator. Any property within the City on which exist one or more dwelling units which are not occupied as (60) Swimming Pool. An artificial basin, the principal residence of the owner. chamber,or tank constructed of impervious material, having a depth of 18 inches or more,and used or (49) Residential Structure. Any intended to be used for swimming,diving,or building or other improvement or structure containing recreational bathing. one or more dwelling units as well as any accessory structure. This includes any dwelling as defined in this (61) Toilet. A flushable plumbing 14-16-5 TIGARD MUNICIPAL CODE fixture connected to running water and a drainage maintained any residential property which does not system and used for the disposal of human waste. comply with the requirements of this Chapter. All residential property shall be maintained to the building (62) Toilet Compartment. A room code requirements in effect at the time of construction, containing only a toilet or only a toilet and lavatory. alteration,or repair and shall meet the minimum requirements described in this chapter. (63) Transient Occupancy. Occupancy of a dwelling unit in a hotel where the following 14.16.090 Display of Address Number. conditions are met; (a) Occupancy is charged on a Address numbers posted shall be the same as daily basis and is not collected more than six days in the number listed on the County Assessment and advance; Taxation Records for the property.All dwellings shall (b) The lodging operator have address numbers posted in a conspicuous place so provides maid and linen service daily or every two days they may be read from the listed street or public way. as part of the regularly charged cost of occupancy; Units within apartment houses shall be clearly numbered,or lettered, in a logical and consistent (c) The period of occupancy manner. does not exceed 30 days;and 14.16.100 Accessory Structures. (d) If the occupancy exceeds All accessory structures on residential property five days,the resident has a business address or a shall be maintained structurally safe and sound and in residence other than at the hotel. good repair. Exterior steps and walkways shall be (64) Two-Family Dwelling. See maintained free of unsafe obstructions or Dwelling Classifications. hazardous conditions. (65) Unoccupied. Not used for 14.16.110 Roofs. occupancy. The roof shall be structurally sound,tight,and (66) Unsecured. Any structure in have no defects which might admit rain.Roof drainage which doors,windows,or apertures are open or broken shall be adequate to p:event rain water from causing so as to allow access by unauthorized persons. dampness in the walls or interior portion of the building and shall channel rain water into approved receivers. (68) Vehicle. Any device in,on, upon,or by which any person or property is or may be 14.16.120 Chimneys. transported or drawn upon a public highway,except a device moved by human power or used exclusively Every masonry,metal,or other chimney shall upon stationary rails or tracks,including but not limited -remain adequately supported and free from obstructions to a body,an engine,a transmission,a frame,or other and shall be maintained in a condition which ensures major part. there will be no leakage or back-up of noxious gases. Every chimney shall be reasonably plumb. Loose (69) Yard. An open,unoccupied space, bricks or blocks shall be rebonded.Loose or missing other than a court,unobstructed from the ground:o the mortar shall be replaced. Unused openings into the sky,and located between a structure and the property interior of the structure must be permanently sealed line of the lot on which the structLre is situated. using approved materials. 14.16.080 Housing Maintenance 14.16.130 Foundations and Structural Requirements,Generally. Members. No owner shall maintain or permit to be (A) Foundation elements shall adequately 14-16-6 TIGARD MUNICIPAL CODE support the building and shall be free of rot,crumbling capable of supporting the loads to which it is subjected, elements, or similar deterioration. and meet the following requirements: (B) The supporting structural members in (A) Handrails and guardrails every dwelling shall be maintained structurally sound, required by building codes at the time of construction showing no evidence of deterioration or decay which shall be maintained or, if removed,shall be replaced. would substantially impair their ability to carry imposed loads. (B) Where not otherwise required by original building codes,exterior stairs of 14.16.140 Exterior Walls and Exposed more than three risers which are designed and intended Surfaces. to be used as part of the regular access to the dwelling unit shall have handrails. Interior stairs of more than (A) Every exterior wall and weather- three risers that connect between floors exposed exterior surface or attachment shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or the occupied spaces of the building. (B) All exterior wood surfaces shall be made substantially impervious to the adverse effects of weather by periodic application of an approved protective coating of weather-resistant preservative,and be maintained in good condition. Wood used in construction of permanent structures and located nearer than six inches to earth shall be treated wood or wood having a natural resistance to decay. (C) Exterior metal surfaces shall be protected from rust and corrosion. (D) Every section of exterior brick,stone, masonry,or other veneer shall be maintained structurally sound and be adequately supported and tied back to its supporting structure. 14.16.150 Stairs and Porches. Every stair,porch,and attachment to stairs or porches shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair, including replacement as necessary of flooring,treads, risers,and stringers that evidence excessive wear and are broken,warped,or loose. 14.16.160 Handrails and Guardrails. Every handrail and guardrail shall be firmly fastened,and shall be maintained in good condition, 14-16-7 TIGARD MUNICIPAL CODE with habitable rooms shall have handrails. When system. required handrails are installed they shall have a minimum height of 30 inches and maximum height of (D) Windows in sleeping rooms 38 inches, measured vertically from the nosing of the that are provided to meet emergency escape or rescue treads.They shall be continuous the full length of the requirements described in Section 14.16.310(A)shall stairs and shall be returned or shall terminate in newel have a sill height of no more than 44 inches above the posts or safety terminals. floor or above an approved,permanently installed step. The step must not exceed 12 inches in height and must (C) Where not otherwise extend the full width of the window. The top surface of required by original building codes,porches,balconies the step must be a minimum of six feet from the ceiling or raised floor surfaces located more than 30 inches above the step. above the floor or grade below shall have guardrails at least 36 inches high. Open sides of stairs with a total (E) Windows in sleeping rooms rise of more than 30 inches above the floor or grade that are provided to meet emergency escape or rescue below shall have guardrails no less than 34 inches in requirements described in Section 14.16.310(A)shall height measured vertically from the nosing of the tread. have a minimum net clear opening at least 20 inches When required guardrails are installed,they shall have wide,at least 22 inches high,and, if constructed after intermediate rails or ornamental closures which will July 1, 1974,at least five square feet in area. not allow passage of an object 4 inches or more in diameter. (F) Every window required for ventilation or emergency escape shall be capable of 14.16.170 Windows. being easily opened and held open by window hardware.Any installed storm windows on windows (A) Every habitable room shall required for emergency escape must be easily openable have at least one window facing directly to an exterior from the inside without the use of a key or special yard or court.The minimum total glass area for each knowledge or effort. habitable room shall be 6.8 percent of the room's floor area,except for basement rooms where the minimum (G) All windows within 10 feet shall be S percent.This exception to the current code of the exterior grade that open must be able to be shall not apply where any occupancy has been changed securely latched from the inside as well as be openable or increased contrary to the provisions of this Chapter. from the inside without the use of a key or any special knowledge or effort.This same requirement shall apply (B) Every habitable room shall to all openable windows that face other locations that have at least one window that can be easily opened or are easily accessible from the outside,such as balconies another approved device to adequately ventilate the or fire escapes,regardless of height from the exterior room. Except where another approved ventilation grade. device is provided,the total openable window area in every habitable room shall be equal to at least one- (H) Every window shall be fortieth of the area of the room.Windows required for substantially weather-tight,shall be kept in sound secondary escape purposes in sleeping rooms must also condition and repair for its intended use,and shall meet the requirements outlined in Subsection 14.16.170 comply with the following: (D). (1) Every window sash (C) Every bathroom and toilet shall be fully supplied with glass window panes or an compartment shall comply with the light and approved substitute without open cracks and holes. ventilation requirements for habitable rooms as required by Subsections 14.16.170(A)and(B),except (2) Every window sash that no window shall be required in bathrooms or toilet shall be in good condition and fit weather-tight within compartments equipped with an approved ventilation its frames. 14-16-8 TIGARD MUNICIPAL CODE (3) Every window shall be maintained in a sound condition for its frame shall be constructed and maintained in relation to intended purpose with the door fitting within the door the adjacent wall construction so as to exclude rain as frame. completely as possible and to substantially exclude wind from entering the dwelling. 14.16.190 Interior Walls,Floors,and Ceilings. 14.16.180 Doors. (A) Every interior wall, floor, ceiling, (A) Every dwelling or dwelling unit shall and cabinet shall be maintained in a clean, sanitary, have at least one door leading to an exterior yard or safe,and structurally sound condition, free of large court, or in the case of a two-family dwelling or holes and serious cracks, loose plaster or wallpaper, apartment, to an exterior yard or court or to an flaking or scaling paint. approved exit. All such doors shall be openable from the inside without the use of a key or any special (B) Every toilet compartment, bathroom, knowledge or effort.All screen doors and storm doors and kitchen floor surface shall be constructed and must be easily openable from the inside without the use maintained to be substantially impervious to water and of a key or special knowledge or effort. to permit the floor to be kept in a clean and sanitary condition. (B) In hotels and apartment houses,exit doors in common corridors or other common 14.16.200 Interior Dampness. passageways shall be openable from the inside with one hand in a single motion,such as pressing a bar or Every dwelling, including basements,and turning a knob,without the use of a key or any special crawl spaces shall be maintained reasonably free from knowledge or effort. dampness to prevent conditions conducive to decay, mold growth,or deterioration of the structure. (C) Every door to the exterior of a dwelling unit shall be equipped with a lock designed to 14.16.210 Insect and Rodent Harborage. discourage unwanted entry and to permit opening from the inside without the use of a key or any special Every dwelling shall be kept free from insect knowledge or effort. and rodent infestation,and where insects and rodents are found, they shall be promptly exterminated. After (D) Every exterior door shall comply extermination,proper precautions shall be taken to with the following: prevent reinfestation. (1) Every exterior door,door 14.16.220 Cleanliness and Sanitation. hinge, door lock, and strike plate shall be maintained in good condition. (A) All exterior property areas shall be maintained in a clean and sanitary condition free from (2) Every exterior door when any accumulation of rubbish or garbage. closed, shall fit reasonably well within its frame and be weather-tight. (B) The interior of every dwelling shall be maintained in a clean and sanitary condition and free (3) Every door frame shall be from any accumulation of rubbish or garbage so as not constructed and maintained in relation to the adjacent to breed insects and rodents,produce dangerous or wall construction so as to exclude rain as completely as offensive gases,odors and bacteria,or other unsanitary possible,and to substantially exclude wind from conditions,or create a fire hazard. entering the dwelling. (C) The owner of any residential rental property (E) Every interior door and door frame shall provide in a location accessible to all dwelling 14-16-9 TIGARD MUNICIPAL CODE units at least one 30 gallon receptacle for each dwelling refrigeration and cooking appliances. unit,or receptacles with a capacity sufficient to prevent the overflow of garbage and rubbish from occurring, 14.16.250 Plumbing Facilities. into which garbage and rubbish from the dwelling units may be emptied for storage between days of collection. (A) Every plumbing fixture or device Receptacles and lids shall be watertight and provided shall be properly connected to a public or an approved with handles. All receptacles shall be maintained free private water system and to a public or an approved from holes and covered with tight-fitting lids at all private sewer system. times. The owner of the units shall subscribe to and pay for weekly garbage removal service for the receptacles (B) All required sinks, lavatory basins, required by this subsection,by a refuse collection bathtubs and showers shall be supplied with both hot franchisee as defined in Section 11.04.040 of the Code and cold running water. Every dwelling unit shall be of the City of Tigard. supplied with water heating facilities which are (((UNCERTAIN CODE REFERENCE))) installed in an approved manner,properly maintained, and properly connected with hot water lines to all 14.16.230 Bathroom Facilities. required sinks,lavatory basins,bathtubs and showers. Water heating facilities shall be capable of heating Except as otherwise noted in this Section, water enough to permit an adequate amount of water to every dwelling unit shall contain within its walls in safe be drawn at every required facility at a temperature of and sanitary working condition: at least 120 degrees at any time needed. (A) A toilet located in a room that is (C) In every dwelling all plumbing or separate from the habitable rooms and that allows plumbing fixtures shall be: privacy; (1) Properly installed, (B) A lavatory basin;and connected,and maintained in good working order; (C) A bathtub or shower located in a (2) Kept free from obstructions, room that allows privacy. leaks,and defects; In hotels and apartment houses where private (3) Capable of performing the toilets, lavatories,or baths are not provided,there shall function for which they are designed;and be on each floor at least one toilet,one lavatory,and one bathtub or shower each provided at the rate of one (4) Installed and maintained so- for every twelve residents or fraction of twelve as to prevent structural deterioration or health hazards. residents. Required toilets,bathtubs,and showers shall be in a room,or rooms,that allow privacy. (D) All plumbing repairs and installations shall be made in accordance with the provisions of the 14.16.240 Kitchen Facilities. Plumbing Code adopted by the City. (A) Every dwelling unit shall contain a 14.16.260 Heating Equipment and Facilities. kitchen sink apart from the lavatory basin required under Section 14.16.230,with the exception of single- (A) All heating equipment, including that room occupancy housing units which shall comply with used for cooking, water heating,dwelling heat, and Subsection 14.16.370(B). clothes drying shall be: (B) Except as otherwise provided for in (1) Properly installed, Subsections 14.16.370(B)and(C),every dwelling unit connected,and maintained in safe condition and good shall have approved service connections for working order, 14-16-10 TIGARD MUNICIPAL CODE (2) Free from leaks and least two operable electric outlets or one outlet and one obstructions and kept functioning properly so as to be operable electric light fixture. free from fire, health,and accident hazards;and (B) Every toilet compartment or (3) Capable of performing the bathroom shall contain at least one supplied and function for which they are designed. operable electric light fixture and one outlet. Every laundry, furnace room,and all similar non-habitable (B) Every dwelling shall have a heating spaces located in a dwelling shall have one supplied facility capable of maintaining a room temperature of electric light fixture available at all times. 68 degrees Fahrenheit at a point 3 feet from the floor in all habitable rooms. (C) Every public hallway,corridor,and stairway in apartment houses and hotels shall be (1) Portable heating devices adequately lighted at all times with an average may not be used to meet the dwelling heat requirements intensity of illumination of at least one foot candle at of this Chapter. principal points such as angles and intersections of corridors and passageways,stairways,landings of (2) No inverted or open flame stairways, landings of stairs and exit doorways,and at fuel burning heater shall be permitted.All heating least`/s-foot candle at other points. Measurement of devices or appliances shall be of an approved type. illumination shall be taken at points not more than 4 feet above the floor. (C) When the owner or operator of a residential rental property has agreed to furnish heat, 14.16.280 Ceiling Heights. and the outside temperature is below 68 degrees Fahrenheit,all dwelling units on the property shall Habitable rooms in existing buildings shall be furnished with heat sufficient to maintain a have a clear ceiling height of at least 7 feet 6 inches temperature of not less than 68 degrees Fahrenheit at a except as follows: height of 3 feet from the floor,between the hours of 7:00 a.m.and 10:30 p.m. (A) In basements,the ceiling height may be a minimum of 6 feet 8 inches except under 14.16.2 70 Electrical System,Outlets,and encroachments such as pipes,ducts,and beams,where Lighting. ceiling height may be a minimum of 6 feet. Such encroachments shall not occupy more than 10 percent All buildings used for residential purposes of the room area, unless they are within 2 feet of the shall be connected to an approved source of electric room walls. power. Every electric outlet and fixture shall be maintained and safely connected to an approved (B) In attics and half-stories,the ceiling electrical system.The electrical system shall not height may be a minimum of 6 feet 8 inches over an constitute a hazard to the occupants of the building by area at least 6 feet wide and at least 10 feet long, reason of inadequate service, improper fusing, provided that the ceiling height is at least S feet improper wiring or installation,deterioration or over an area at least 10 feet wide and 10 feet long. damage,or similar reasons. (C) These exceptions to the current In addition to other electrical system building codes shall not apply where any occupancy components that may be used to meet cooking, has been changed,or the occupant load has been refrigeration,and heating requirements listed elsewhere increased,contrary to the provisions of this Chapter. in this Chapter,the following outlets and lighting fixtures are required_ 14.16.290 Sleeping Room Requirements. (A) Every habitable room shall contain at Every room used for sleeping purposes: 14-16-11 TIGARD MUNICIPAL CODE (A) Every sleeping room shall have at (A) Shall be a habitable room as defined least one operable window or exterior door approved in this Chapter; for emergency escape or rescue that is openable from the inside to a full clear opening without the use of (B) Shall not be a kitchen; special knowledge,effort,or separate tools. Windows used to meet this requirement shall meet the size and (C) Shall have natural light, ventilation, sill height requirements described in 14.16.170(D).All and windows or other means for escape purposes as below grade windows used to meet this requirement required by this Chapter;and shall have a window well the full width of the window, constructed of permanent materials with a 3 foot (D) Shall comply with the following clearance measured perpendicular to the outside wall. minimum requirements for floor area: The bottom of the well may not be more than 44 inches below grade. (1) Shall have a minimum area of at least 70 square feet of floor area,except that (B) Required exit doors and other exits where more than two persons occupy a room used for shall be free of encumbrances or obstructions that block sleeping purposes,the required floor area shall be access to the exit. increased at the rate of 50 square feet for each person in excess of two. No portion of a room measuring less (C) All doorways,windows and any than 5 feet from the finished floor to the finished device used in connection with the means of escape ceiling shall be included in any computation of the shall be maintained in good working order and repair. room's minimum area. (D) in addition to other exit (2) Any dwelling or portion of requirements, in hotels and apartment houses: any dwelling constructed pursuant to permit or lawfully constructed prior to permit requirements shall be (1) All fire escapes shall be deemed in compliance with respect to sleeping room kept in good order and repair and painted so as to area provided that the deficiency in floor area is no prevent corrosion of metal, in a manner approved by more than 15 percent of that required by Subsection the Fire Marshal. 14.16.290(D)(1).This subsection shall not apply where any occupancy has been changed,or the number of (2) Every fire escape or occupants has been increased,contrary to the stairway,stair platform,corridor or passageway which provisions of this Chapter. may be one of the regular means of emergency exit from the building shall be kept free of encumbrances (3) Floor area requirements for or obstructions of any kind. single-room occupancy housing units shall be in accordance with Section 14.16.370 of this Chapter. (3) Where doors to stair enclosures are required by City code to be self-closing, 14.16.300 Overcrowding. the self closing device shall be maintained in good working order and it shall be unlawful to wedge or prop No dwelling unit shall be permitted to be the doors open. overcrowded. A dwelling unit shall be considered overcrowded if there are more residents than one plus (4) Windows leading to fire one additional resident for every 100 square escapes shall be secured against unwanted entry with feet of floor area of the habitable rooms in the dwelling approved devices. unit. (5) Every apartment house and 14.16.310 Emergency Exits. hotel shall have directional signs in place,visible throughout common passageways,that indicate the way 14-16-12 TIGARD MUNICIPAL CODE to exit doors and fire escapes. Emergency exit doors remain in violation of this Chapter until such time as and windows shall be clearly labeled for their the agency has approved the abatement of the intended use. hazardous conditions.The Building Official may order such property vacated pursuant to Section 1.16.150 of 14.16.320 Smoke Detectors. this Code. ((UNCERTAIN REFERENCE TO VACATION CODE)) Smoke detectors shall be required in all buildings where a room or area therein is designated for (C) No residential property shall be used sleeping purposes either as a primary use or use on a as a place for the storage and handling of highly casual basis. Smoke detectors shall be installed in the combustible or explosive materials or any articles immediate vicinity of the sleeping rooms and on each which may be dangerous or detrimental to life or additional story of the dwelling,including basements health.No residential property shall be used for the and attics with habitable space.All detectors shall be storage or sale of paints, varnishes or oils used in the approved, shall be installed in accordance with the making of paints and varnishes, except as needed to manufacturer's instructions and shall be operable. maintain the dwelling. 14.16.330 Fire Safety Conditions for (D) Residential property shall be kept Apartment Houses and Hotels of free of friable asbestos. More Than Two Stories. 14.16350 Maintenance of Facilities and In addition to other fire safety requirements of this Equipment. Chapter, hotels and apartment houses of more than two stories in height shall meet the following requirements: In addition to other requirements for the maintenance of facilities and equipment described in (A) Minimum fire safety standards shall this Chapter: be as provided in Appendix Chapter 12 of the State of Oregon Structural Specialty Code, 1979. (A) All required facilities in every dwelling shall be constructed and maintained to (B) Residential High Rise Buildings properly and safely perform their intended function. constructed in accordance with Section 14.04 of this Code shall maintain all the required fire and life safety (B) All non-required facilities or systems and equipment in good repair and working equipment present in a dwelling shall be maintained to order. Upon request of the Building Official the owner prevent structural damage to the building or hazards of shall produce proof that required fire and life safety health,sanitation,or fire. systems are fully operational. 14.16.360 Swimming Pool Enclosures. 14.16.340 Hazardous Materials. Each swimming pool not totally enclosed by a (A) When paint is applied to any surface structure shall be enclosed by a substantial fence at of a residential structure, it shall be lead-free. least 4 feet in height and equipped with a self-closing and latching gate except where bordered by a wall of an (B) Residential property shall be free of adjacent structure at least 4 feet in height.No dangerous levels of hazardous materials,contamination swimming pool shall be nearer than 3 feet from any lot by toxic chemicals,or other circumstances that would line,and no enclosing fence or wall shall be constructed render the property unsafe. Where a governmental nearer than 3 feet to the outer walls of the swimming agency authorized by law to make the determination pool.The lot line shall be as defined in Title 18 of City has verified that a property is unfit for use due to code. hazardous conditions on the property,the Property shall be in violation of this Chapter.Any such property shall 14.16.370 Special Standards for Single-Room 14-16-13 TIGARD MUNICIPAL CODE Occupancy Housing Units. and hard-wired or have single dedicated connections; In addition to meeting requirements for residential structures defined elsewhere in this Chapter, (4) All cooking appliances shall hotels containing single-room occupancy housing units be installed under permit from the City; and shall comply with the following: (5) All cooking appliances shall (A) The unit shall have at least 100 be installed so as to provide a minimum clear work square feet of floor area, except that any single-room space in front of the appliance of 24 inches. occupancy housing unit constructed pursuant to permit or lawfully constructed prior to permit requirements 14.16.380 Dangerous and Derelict Structures, shall be deemed in compliance with respect to floor Generally. area provided it has at least 85 square feet of floor area. This exception shal[not apply where any occupancy No property shall contain any dangerous has been changed or increased contrary to the structure or derelict building as described in this provisions of this Chapter. chapter. All such structures shall be repaired or demolished. (B) Either a community kitchen with facilities for cooking,refrigeration, and washing 14.16.390 Derelict Buildings. utensils shall be provided on each floor, or each individual single-room occupancy housing unit shall (A) A derelict building shall be have facilities for cooking,refrigeration and washing considered to exist whenever any building,structure,or utensils. In addition, facilities for community garbage portion thereof which is unoccupied meets any of the storage or disposal shall be provided on each floor. following criteria or any residential structure which is at least 50%unoccupied meets any of the following (C) Where cooking units are provided in criteria: individual single-room occupancy housing units,they shall conform to the requirements set forth below. (1) Has been ordered vacated by the Building Official pursuant to Chapter 1.16; (1) All appliances shall be ((UNCERTAIN CODE REFERENCE)) hard-wired and on separate circuits or have single dedicated connections; (2) Has been issued a correction notice by the Building Official pursuant to (2) All cooking appliances shall Section 1.16.120 or 1.16.130; be fixed and permanent; ((UNCERTAIN CODE REFERENCES))) (3) The Mechanical Specialty (3) Is unsecured: Code, as adopted by Section 14.04 shall be used for - setting standards for cooking appliances.Cabinets over (4) Is boarded; cooking surfaces shall be 30 inches above the cooking surface,except that this distance may be reduced to 24 (5) Has,while vacant,had a inches when a heat shield with 1 inch airspace and nuisance abated by the City pursuant to this Chapter. extending at least 6 inches horizontally on either side of ((UNCERTAIN CODE REFERENCE)) the cooking appliance is provided. Cooking appliances are limited to two cooking elements or burners and (B) Any property which has been located with at least a 6-inch clear space in all declared by the Building Official to include a derelict directions from the perimeter of the cooking element or building shall be considered in violation of this Chapter burner. In lieu of two-burner cooking appliances, until: standard third-party tested and approved ranges with ovens are acceptable,provided that the units are fixed (1) The building has been 14-16-14 TIGARD MUNICIPAL CODE lawfully occupied; otherwise unable to sustain the design loads which are specified in Chapter 14.04. (2) The building has been demolished and the lot cleared and graded under (C) Buckled or leaning walls, structural building permit,with final inspection and approval by members. Whenever the exterior walls or other the Building Official, or vertical structural members list, lean,or buckle to such an extent that a plumb line passing through the center (3) The owner has of gravity does not fall inside the middle one-third of demonstrated to the satisfaction of the Building Official the base. that the property is free of all conditions and in compliance with all notices listed in the definition of a (D) Vulnerability to earthquakes,high derelict building in this Section,and an additional year winds. has passed without a recurrence of any of those listed conditions or notices. (1) Whenever any portion of a structure is wrecked,warped, buckled,or has settled to 14.16.400 Dangerous Structures. such an extent that walls or other structural portions have materially less resistance to winds or earthquakes Any structure which has any or all of the than is required in the case of similar new construction; following conditions or defects to the extent that life, or health, property, or safety of the public or the structure's occupants are endangered,shall be deemed (2) Whenever any portion of a to be a dangerous structure and such condition or building,or any member, appurtenance,or defects shall be abated pursuant to Section 14.16.4 10 ornamentation of the exterior thereof is not of sufficient and of the City Code. strength or stability,or is not so anchored, attached or ((UNCERTAIN CODE REFERENCE)) fastened in place so as to be capable of resisting a wind pressure of one half of that specified in Chapter 14.04 (A) High loads. Whenever the for new buildings of similar structure,purpose,or stress in any materials,member,or portion of a location without exceeding the working stresses structure,due to all dead and live loads, is more than I- permitted in Chapter 14.04 for such buildings. 1/2 times the working stress or stresses allowed in Chapter 14.04 for new buildings of similar structure, (E) Insufficient strength or fire purpose, or location. resistance. Whenever any structure which,whether or not erected in accordance with all applicable laws and (B) Weakened or unstable structural ordinances: members or appendages. (1) Has in any non-supporting (1) Whenever any portion of a - part,member, or portion, less than 50 percent of the structure has been damaged by fire,earthquake,wind, strength or the fire-resisting qualities or characteristics flood, or by any other cause,to such an extent that the required by law for a newly constructed building of like structural strength or stability is materially less than it area,height,and occupancy in the same location; or was before such catastrophe and is less than the minimum requirements of Chapter 14.04 for new (2) Has in any supporting part, buildings of similar structure, purpose,or location; or member,or portion less than 66 percent of the strength or the fire-resisting qualities or characteristics required (2) Whenever appendages by law in the case of a newly constructed building of including parapet walls,cornices,spires,towers,tanks, like area,height,and occupancy in the same location. statuaries,or other appendages or structural members which are supported by, attached to,or part of a (F) Risk of failure or collapse. building, and which are in a deteriorated condition or 14-16-15 TIGARD MUNICIPAL CODE (1) Whenever any portion or (1) Whenever, for any reason, member or appurtenance thereof is likely to fail,or to the structure,or any portion thereof, is manifestly become disabled or dislodged,or to collapse and unsafe for the purpose for which it is lawfully thereby injure persons or damage property;or constructed or currently is being used; or (2) Whenever the structure, or (?) Whenever a structure is any portion thereof, is likely to partially or completely structurally unsafe or is otherwise hazardous to human collapse as a result of any cause, including but not life, including but not limited to whenever a structure limited to: constitutes a hazard to health,safety, or public welfare (a) Dilapidation, by reason of inadequate maintenance, dilapidation, deterioration,or decay; unsanitary conditions, obsolescence, fire hazard, disaster, damage,or abandonment. (b)Faulty construction; (K) Public nuisance. (c)The removal, movement, or instability of any portion of the ground necessary (1) Whenever any structure is for the purpose of supporting such structure;or in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence; (d)The deterioration,decay, or or inadequacy of its foundation. (2) Whenever the structure has (G) Excessive damage or deterioration. been so damaged by fire, wind,earthquake or flood or Whenever the structure exclusive of the foundation: any other cause,or has become so dilapidated or deteriorated as to become: (1) Shows 33 percent or more damage or deterioration of its supporting member or (a) An attractive members; nuisance, or (2) 50 percent damage or (b) A harbor for deterioration of its non-supporting members;or vagrants or criminals. (3) 50 percent damage or (L) Chronic dereliction. Whenever deterioration of its enclosing or outside wall coverings. a derelict building,as defined in this Chapter, remains unoccupied for a period in excess of 6 months or (H) Demolition remnants on site. period less than 6 months when the building or portion Whenever any portion of a structure, including unfilled thereof constitutes an attractive nuisance or hazard to excavations, remains on a site for more than 30 days the public. after the demolition or destruction of the structure; (M) Violations of codes, laws. Whenever any structure has been constructed,exists,or is (I) Fire hazard. Whenever any maintained in violation of any specific requirement or structure is a fire hazard as a result of any cause, prohibition applicable to such structure provided by the including but not limited to: Dilapidated condition, building regulations of this City,as specified in Chapter deterioration.or damage; inadequate exits; lack of 14.04 or any law or ordinance of this State or City sufficient fire-resistive construction;or faulty electric relating to the condition, location,or structure or wiring,gas connections,or heating apparatus. buildings. (J) Other hazards to health, safety,or 14.16.410 Abatement of Dangerous Structures. public welfare. All structures or portions thereof which are determined after inspection by the Building Official to 14-16-16 TIGARD MUNICIPAL CODE be dangerous as defined in this Chapter are hereby made,and permit inspection approvals given or until a declared to be public nuisances and shall be abated by notice of compliance has been issued by the City. repair, rehabilitation, demolition,or removal in accordance with the procedures specified herein. If the (B) Notwithstanding Subsection Building Official determines that a structure is 14.16.440(A),the Building Official may permit re- dangerous,as defined by this Chapter, the Building occupancy of the dwelling unit if in the Building Official may commence proceedings to cause the Official's opinion,all fire and life safety hazards have repair, vacation,demolition,or warehousing of the been rectified. structure. ((UNCERTAIN CODE REFERENCE)) 14.16.450 Illegal Residential Occupancy. When a property has an illegal residential occupancy, 14.16.420 Inspections Required. including but not limited to occupancy of tents, campers,motor homes,recreational vehicles,or other All buildings,structures,or other structures or spaces not intended for permanent improvements within the scope of this Chapter and all residential use or occupancy or spaces constructed or construction work for which a permit is required shall converted without permit, the use shall be abated or the be subject to inspection by the Building Official in the structure brought into compliance with the present manner provided by this Chapter and Titles 18 and_ regulations for a building of the same occupancy. ((UNCERTAIN CODE REFERENCE)) 14.16.460 Interference with Repair, 14.16.430 Fee-paid Inspections for Demolition,or Abatement Residential Structures. Prohibited. Requested inspections that are not part of the City's It is unlawful for any person to obstruct, code enforcement program will be made as soon as impede, or interfere with any person lawfully engaged practical after payment to the Building Official of the in: fee specified below: (A) The work of repairing, vacating, (A) Single and two family dwellings: warehousing, or demolishing any structure pursuant to SIM the provisions of this Chapter; (B) Apartment houses: $160,plus S7 for (B) The abatement of a nuisance each dwelling unit in excess of three. pursuant to the provisions of this Chapter;or ((UNCERTAIN CODE REFERENCE)) (C) Hotels: S 160, plus$5 for each dwelling unit in excess of five. (C) The performance of any necessary act preliminary to or incidental to such work as authorized by this Chapter or directed pursuant to it. 14.16.440 Occupancy of Residential Property After Notice of Violation. (A) If a notice of violation of sections 14.16.080 through 14.16.370 or 14.16.380 through 14.16.400 has been issued,and if the affected dwelling unit(s)is or becomes vacant, it shall be . unlawful to reoccupy or permit re-occupancy of the unit(s) for residential purposes until the necessary permits are obtained,corrections 14-16-17