Ordinance No. 73-13 CITY OF TIGARD, OREGON
ORDINANCE NO. 73 - .1
AN ORDINANCE AMENDING AND SUPPLEMENTING Chapter 14.04 (Building
Code) of the Tigard Municipal Code and certain sections of Volume
1 of the Uniform Building Code, 1970 Edition, as adopted thereby;
PRESCRIBING METHODS OF PRECLUDING UNAUTHORIZED OCCUPANCY OF
NEW STRUCTURES; PRESCRIBING CHARGES; PRESCRIBING AN EFFECTIVE
DATE; AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS.'FOLLOWS:
Section lk Section 306(a) of Volume 1 of the Uniform Building
- Code, 1970 Edition, as adopted by Section 14.04.020
of the Tigard Municipal Code, be and the same is hereby amended to
read as follows:
"Section 306(a), Use or occupancy: No building or
structure in Groups A to H and no single or multiple
family residential structure shall be used or occupied,
and no change in the existing occupancy classification
of a building or structure or portion thereof, including
said residential structure, shall be made until the
Building Official has issued a certificate of occupancy
thereof as provided herein."
Section. 2: Section 306 of Volume 1 of the Uniform Building Code 1970
_ Edition, as adopted by Section 14.04.020 of the Tigard
Municipal Code, be and the same is hereby supplemented to add
thereto a new subsection denoted "306(f) (1); 306(f) 12); 306(f) (3);
306(f) (4)" reading as follows:
"Section 306(f) (1) : At the time of approval of each
application for, and issuance of, a building permit for
new construction of any structure designated in Section
306(a), the applicant shall execute, acknowledge before
a notary and deliver to the Building Official a recordable
occupancy restriction in the form hereto attached, marked
Exhibit "A" and by this reference made a part hereof, ac-
companied by the sum of $2.00 to cover the recording of
same. The Building Official shall promptly cause said
restriction to be recorded in the Deed Records of Washington
county, Oregon."
"Section 306(f) (2): At such time as an occupancy permit in
the form hereto attached, marked Exhibit "B", and by this
reference made a part hereof, is issued with respect to each,
such residential structure, the Building Official shall
require the payment of the sum of $2.00 from the applicant
to cover the'cost of recording a copy of the occupancy
permitinthe Deed Records of.Washington County, Oregon, to
thereby give constructive notice of the release of said
restriction."
Page 1 ^' Ordinance No. 73-_L3
^Y
fi
�-
• L -
"Section 306(f) (3) : The sponsor (developer., owner or prime
contractor) of each development project from beginning of
construction until final occupancy approval of all occupancy
units has been issued shall keep and maintain at such conspic-
uous locations in or adjacent to the project as the building
official shall designate non-occupancy notice(s) in such
mounted form as the building official shall furnish to the
t, sponsor giving notice to interested persons that occupancy
permits are required prior to occupancy of any unit thereof.
The sponsor shall deposit with the building official for
each mounted project non-occupancy sign furnished by the
City for each designated location the sum of $25.00.
Such mounted notice shall be and remain the property of
the City of Tigard and failure to maintain said notice on
said premises throughout the period of construction or
failure to return the said notice in good condition to the
Building Official upon issuance of the final occupancy
permit for such project, shall be good cause for the Building
Official to pay over the said deposit to the City's
General Fund to apply to the costs of administering
occupancy control hereunder and to compensate the City
for damage or destruction of the sign owned by it."
r
"Section 306(f) (4): In addition to the project signs to
be placed at locations to be designated by the Building
Official as hereinabove required, the builder.of each occupancy
unit shall keep and maintain, in a conspicuous place at the
front main entrance to each occupancy unit at all times
after the permanent entrance doors thereof are installed until
a unit occupancy permit has been issued by the City Building
Official, a sign in form prescribed by the Building Official [
notifying interested persons that such unit may not be
occupied until an occupancy permit has been issued by the
Building Official."
Section 3: Violations of the provisions of this ordinance is
punishable upon conviction as prescribed by the
applicable provisions of the Unifc;rm Building Code, 1970
edition, as adopted by Section 14.04.020 0£ Tigard Municipal
Code.
Section 4: Inasmuch as it is necessary for the peace, health
and safety of the people of the City of Tigard that {
immediate provision be made for notifying potential purchasers or k
lessees of new residential structures of the non-occupancy
provisionsofthe Building Code of the City of Tigard, to thereby
' protect their interests, an emergency is hereby declared to exist
and this ordinance shall become effective upon its adoption by
the Council and approval by the Mayor. f
PASSED: By.unanimous vote of all Council members present,
after being read three times by number and title only.
This o?,S' day of 1973.
(
i
Recorder City of and
APPROVED: By the mayor, this _ ytiof 1973:
�2ct
M or - City of Tigard ((
Page 2 - ORDINANCE No. 73-_LS__ j
3
y� •.
EXHIBIT "A"
CITY OF TIOARD
Residential Structure Occupancy Restriction
KNOW ALL MEN BY THESE PRESENTS, That ovccip?n^v of residential
structure(s) on the following described lands prior to the recording
of an occupancy permit releasing the restriction in the Deed Records
of Washington County, Oregon, is prohibited by the ordinances of the
City of Tigard, Oregon:
r
DESCRIPTION OF PROPERTY:
i
ADDRESS OF PROPERTY
NAME OF OWNER:
ADDRESS OF OWNER:
IN WITNESS WHEREOF, the undersigned haz+ caused this restriction
to be executed this day of ^_, 197
OWNER:
Name
APPROVED: By:
Title
By:
BuildIng Official
City of Tigard
STATE OF OREGON )
ss. 197:_
County of Washington }
Personally appeared before me '_-'.e above named
and acknowledged the foregoing instrument to be
voluntary act and deed,
� o ary u � c or regon
My Comm. expires
EXHIBIT "B"
CITY OF TIGARD
CERTIFICATE OF OCCUPANCY AND RELEASE OF RESTRICTION
The City of Tigard hereby certifies that the occupancy of
the following described structure or premises with respect to which
a restriction of occupancy was, on 197 ,
recorded in Book , Page , Deed Records of Washington
County, Oregon, is hereby authorized and approved.
DESCRIPTION OF PROPERTY: 4"
OWNER:
BUILDING PERMIT NUMBER:
' BUILDING ADDRESS:
This is to certify the said structure meets with the require-
ments of the Building Code of the City of Tigard and the above refer-
enced restriction
eferenced-restriction is hereby released and terminated.
IN WITNESS WHEREOF, the undersigned authorized officer of th4
City of Tigard has caused this certificate and release of restriction
to be executed this day of , 1973.
d
Title:
STATE OF OREGON )
ss.
County of Washington )
On this day of 1973, personally appeared
before mie the above named _ , whose signature appears
hereon and who acknowledged to me that he executed the same in his
y official capacity on behalf of the City of Tigard.
Notary Public for Oregon
My Comm. expires;
fi
„ a
h
RL 4=
n
i
EXHIBIT "C°
NOTICE
Occupancy of this structure (in this
subdivision) is prohibited unless
authorized by permit issued by City
of Tigard.
For further information contact
City Recorder, City Hall,_Tigard.
�'F