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05/28/1998 - Packet MEMORANDUM CITY OF TIGARD TO: Community Housing Task Force Members FROM: David Scott, Building Official DATE: May 18, 1998 SUBJECT: 5/28/98 Meeting, l lam- Ipm same location Enclosed please find the minutes from the 5/7/98 meeting. Also included is an underline/strikeout version of the draft ordinance reflecting changes made to date by the Task Force and editorial changes to incorporate Task Force changes throughout the code and other minor formatting and editorial changes. These changes include 190(A). Although the Task Force didn't finalize specific language, it was clear that incorporating language similar to 190(B) was the general consensus. Proposed language for the rodent and insect issue was not included in the ordinance at this time and is attached along with the New Jersey language provided by Robert Flug. We will commence our discussion of the substantive provisions of the ordinance with a review of the amended language in 190(A) to address concerns regarding landlord vs. tenant responsibility for cleanliness. Next we will review the proposed language on the rodent insect issue. Then we will pick up our review with 220(B). :u Idgoweber ommnous�o,ospo\528rc qmm.do, CITY OF TIGARD OREGON COMMUNITY HOUSING TASK FORCE MEETING at CITY OF TIGARD 13125 SW HALL BLVD Red Rock Conference Room Thursday, May 28, 1998 11:00 am to 1:00 pm AGENDA I. Self introductions. H. Approval of May 7, 1998 meeting minutes. III. Work session. A. Review of substantive provisions of proposed ordinance. B. Other. IV. Meeting schedule confirmation. V. Adjourn. i:\bldg\david\commhous\agendas\agd0528.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 COMMUNITY HOUSING TASK FORCE MEETING Minutes of Thursday, May 7, 1997 Tigard City Hall MEMBERS PRESENT: Sharon Fleming-Barrett, Sheila Greenlaw-Fink, Robert Flug (via speaker phone), Sally Parks, Councilor Ken Scheckla and Susan Wilson. MEMBERS ABSENT: Emily Cedarleaf, Cecilia Maciel and Dedi Streich. ALSO PRESENT: Eric McMullen, Tualatin Valley Fire and Rescue, and David Scott, Building Official, City of Tigard. The meeting was convened at approximately 1:15 p.m. I. SELF INTRODUCTIONS: Introductions were made. II. APPROVAL OF APRIL 30, 1998, MEETING MINUTES The minutes were approved. III. WORK SESSION: A. Review of substantive provisions of proposed ordinance. Staff reviewed the proposed definition of Social Care Facilities and expressed concern that the definition might be construed to include institutional occupancies such as nursing homes within the scope of the ordinance. Staff expressed that it may not be the Task Force's intent to include such institutional occupancies within the scope of the ordinance. Staff proposed that language be added to the definition specifically exempting institutional occupancies. The Task Force had lengthy discussion regarding this issue. No consensus was reached regarding the inclusion of institutional occupancies within the scope of the ordinance. The Task Force agreed that representatives of the constituencies providing facilities covered under the definition of Social Care Facilities be invited to participate in a future Task Force meeting. Staff then informed the Task Force that the City Attorney finds no legal requirement that Tigard's Housing Code contain provisions related to natural light. Staff also presented information related to the basis and history of including natural light in housing codes and information regarding the health issues related to the lack of natural light. This information described artificial light products which provide "full-spectrum" light equivalent to natural light. Based upon this information, the Task Force decided to retain the provisions of 170(A) modified to allow approved artificial light as an alternative to natural light. Community Housing Task Force Meeting Minutes of May 7, 1997 Page 2 170(A) is modified to insert the following language after the word "court:" "or shall be provided with approved artificial light. Except where approved artificial light is provided, ... ." The Task Force proceeded to continue to review/discuss the proposed code section by section, picking up with Section 190. The following issues were.dealt with: (bold text indicates an action item or decision) Sec 190 - There was concern expressed that a landlord should not be held responsible for the cleaning habits of tenants and that proposed language would provide for this. Concern was also expressed that landlords should maintain the building in such a way that a tenant can reasonably be expected and allowed to maintain interior cleanliness. The Task Force reached consensus that both concerns were valid and should be reflected in the language. Staff will present proposed language at the 5/28/98 meeting. Sec 200 - Proposed language was accepted. Sec 210 - The Task Force agreed that language similar to that presented by Flug, reading from a New Jersey ordinance, be used. Staff will propose such language. Sec 220 - The Task Force agreed to remove 220(A) because this provision is already covered in existing nuisance provisions in the Tigard Municipal Code. 220(A) is deleted. The Task Force concluded its discussion at this point. Discussion will continue with 220(8) at the 5/28/98 meeting. B. Other There were no other items considered. IV. MEETING SCHEDULE CONFIRMATION: The next meeting was confirmed for 5/28/98, 11 am - 3pm. Future meetings will be determined as necessary at the 5/28/98 meeting. V. ADJOURN The meeting adjourned at approximately 3:15PM. Respectfully submitted, David Scott Building Official i:\bldg\davkPcommhous\minutesVnirvO5D7.doc Proposed language for Insect and Rodent Harborage: The following language is proposed to incorporate language in the existing Tigard draft and language provided by Robert Flug from a New Jersey ordinance. This language is intended to address the concern that landlords should not be responsible for infestation resulting from the habits of tenants within an individual unit. The proposed language provides that all buildings be free of infestation and ratproof, but that landlords only be responsible for eradication if two or more units or common areas are involved. In single- family dwellings and social care facilities, the proposed language provides that the owner is always responsible. It is uncertain whether this language is appropriate for the single- family rental scenario. The New Jersey language is provided for your review. Note that this language is taken from a section dealing with hotels and multiple dwellings. "Every dwelling shall be ratproof and kept free from insect and rodent infestation,and where insects and rodents are found,they shall be promptly exterminated After extermination,proper precautions shall be taken to prevent reinfestation. Such ratproofing and pest extermination shall include but is not limited to: prevention of entrance by blocking off or stopping up at passages by which rats may secure entry from the exterior with rat impervious material,prevention of interior infestation by elimination of sources of food and access therto and prevention of any vertical travel of vermin through pipe chases or similar methods of travel. For dwellings other than single-family dwellings and social care facilities,the owner shall be responsible for the eradication of any insects or rats only when the infestation exists in two or more units of dwelling space or in common areas." i:\bldg\david\commhous\misc4odent.doc 298 3:33PM FROM OLS HILLS80R0 S03 648 ©S13 P. 2 ELS AND MULTIPLE DWELLINGS 5:1(1-11.2 /U-10.2 Elimination of infestation where janitorial services arc performed on a 24-hour a day (a) Evcrti owner shall be responsible for the eradication basis under (c) above) shall reside in or within a distance of of any insects, rats or other pests when the infestation exists one block or 200 feet from the dwelling, whichever is in two ur more units of dwelling space: or in common arcas. greater, unless the owner resides in the multiple dwelling. All buildings subject to this chapter shall be made ratproof and shall be maintained in a condition free from infestation. (f) Where necessary to assure compliance with this chap- Such ratproofing and pert extermination shall include but is to and other provisions of law affecting multiple dwellings not limited to the following: and hotels, there shall be a full-time person or employee 1. Prevention of entrance ` blockingoff or stopping responsible for providing janitorial services as defined here- oPP S in. The owner shall provide additional personnel as may be up at passages by which rats may secure entry from the required to assure proper maintenance and compliance with exterior with rat impervious material; this chaotcr. 2. Prevention of interior infestation by elimination of sources of food and access thereto; (g) All personnel responsible for enabling the owner to 1 meet the requirements of this chapter shall be by.reason of 3. Prevention of any vertical travel of vermin through training or experience competent to perform the duties Pipe chases or other similar methods of travel. entrusted to hien, familiar with the requirements contained (b) All hotels and multiple dwellings shall be subject to herein and not unable or unwilling to discharge the said periodic procedures for the prevention and elimiaatiun of duties by reason of any physical or mental incapacity or infestation disability or personal habits inconsistent with such duties. by persons qualified to conduct such procedures no less frequently than once annually and more frequently where there is recurring evidence of infestation. (h) The following shall serve as a guide to adequacy of personnel for maintenance of a typical multiple dwelling not having any unusual or special labor-saving features: Ueits of A.tll;o=Space Yat-Tune Perwaaci or Equinicat 70-100 one SUBCHAPTER 11. MANAGERIAL AND 101-150 two MAINTENANCE PERSONNEL, 151-2=5 three =6--3v (and each .our,plus one for each 100 additional 5.10-11.1 Duties of owner additional 100 units) units of dwelling space over 325 (a) The owner shall have the positive responsibility of C.ormcnoa: he Mord"basis"added co the phrase ... 24-hour a day providing, either by his own direct efforts or by hirin others basis •.• at(c). qualified to so serve, a person or persons quaff died by $te: 21 NJ.R 1123(x). training or experience to discharge the duties and responsi- S:10-11.2 Duties of manager and superintendent bilitics outlined for owners under these regulations. (a) "Without relieving the owner of any responsibility (b) Any managing agent, in charge of the leasing or placed by these regulations on the owner,any person under- renting of space and the general management and operation taking for and in behalf of the owner any responsibilities for of the premises, shall be competent to provide supervision the operation and maintenance of the premises shall thereby of the management and operation of the building in accor- Fane Concurrently with.the owner, responsibilities for the dance with this chapter. premises and be subject to penalty for failure to comply with any regulation or order relating to any item or matter within (c) In a multiple dwelling of nine or more dwelling units, the responsibilities so assumed- the owner shall either perform the janitorial setvices him- sclf, if he is a resident owner, or. provide a janitor, or (b) where the owner has vested any other- person with provide janitorial services to be performed, on a 24-hour a ac th-c management or control of the property and the owner day basis in a manner approved by the bureau. either by his physical absence or unavailability to the prcm- ises has left such person in charge thereof, or by reason of (d) Unless either the owner or the janitor resides on the any other arrangement with such person the owner does not premises, the owner of a multiple dwelling or his managing actively engage in the day-today conduct or operation of agent in control shall post and maintain in such dwelling a the premises, then such person assuming management shall legible sign, conspicuously displayed, containing the janitor's be responsible as the agent of the owner for compliance name, address (including apartment number) and telephone thereto. number. A new identification sign shall be posted and maintained within five days following a change of janitor. (c) Where there is present on the premises or available to the premises a person whose duties and authority do not (c) The Person who performs janitorial services for a comprise overall control of the management of the premis- multiple dwelling of nine or more dwelling unit.-,(other than cs,but such Person is designated by the owner as the person 10-25 Supp. 12-18-95 TIGARD MUNICIPAL CODE I Chapter 14.16 PROPERTY MAINTENANCE REGULATIONS 14.16.350 Maintenance of Facilities and Sections: Equipment. 14.16.360 Swimming Pool Enclosures. 14.16.010 Chapter Title. 14.16.370 Special Standards for Single-Room 14.16.020 Purpose. Occupancy Housing Units 14.16.030 Scope. 14.16.380 Dangerous and Derelict Structures, 14.16.040 Application of Titles 14 and 18. Generally. 14.16.050 Use of Summary Headings. 14.16.390 Derelict Buildings. 14.16.060 Definitions,Generally. 14.16.400 Dangerous Structures 14.16.070 Specific Definitions. 14.16.410 Abatement of Dangerous 14.16.080 Housing Maintenance Structures. Requirements,Generally. 14.16.420 Inspections Required. 14.16.090 Display of Address Number. 14.16.430 Fee-paid Inspections for 14.16.100 Accessory Structures. Residential Structures. 14.16.110 Roofs. 14.16.440 Occupancy of Residential Property 14.16.120 Chimneys. After Notice of Violation. 14.16.130 Foundations and Structural 14.16.450 Illegal Residential Occupancy. Members. 14.16.460 Interference with Repair, 14.16.140 Exterior Walls and Exposed Demolition,or Abatement Surfaces. Prohibited. 14.16.150 Stairs and Porches. 14.16.160 Handrails and Guardrails. 14.16.170 Windows. 14.16.010 Chapter Title. 14.16.180 Doors. 14.16.190 Interior Walls,Floors,and This Chapter shall be known as"Property 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 Facilitim 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. 14-16-12 TIGARD MUNICIPAL CODE 14.16.030 Scope. This provisions of this Chapter shall apply to removing,repairing,or taking other steps as may be all property in the City except as otherwise excluded by necessary in order to remove a nuisance. law. (2) Accessory Structure. Any structure not intended for human occupancy which is 14.16.040 Application of Titles 14 and 18. located on residential property. Accessory structures may be attached to or detached from the residential Any alterations to buildings,or changes of structure. Examples of accessory structures include: their use,which may be a result of the enforcement of garages,carports, sheds,and other non-dwelling this Chapter shall be done in accordance with buildings;decks,awnings, heat pumps,fences, applicable Sections of Title 14(Buildings and trellises,flag poles,tanks,towers,exterior stairs and Construction)and Title 18(Zoning)of the Code of the walkways,and other exterior structures on the City of Tigard property. 14.16.050 Use of Summary Headings. (3) Apartment House. See Dwelling Classifications. This Chapter makes use of summary headings (in bold face type)on chapters,sections,and (4) Approved. Meets the standards subsections to assist the reader in navigating the set forth by applicable Tigard City Code including any document. In the event of a conflict in meaning applicable regulations for electric,plumbing,building, between the bold heading and the following plain text, or other sets of standards included by reference in this the meaning of the plain text shall apply. Chapter. (5) Basement. The usable portion 14.16.060 Definitions,Generally. of a building which is below the main entrance story and is partly or completely below grade. For the purpose of this Chapter,certain abbreviations,terms,phrases,words and their (6) Boarded. Secured against derivatives shall be construed as specified in this entry by apparatus which is visible off the premises and Chapter. Words used in the singular include the plural is not both lawful and customary to install on occupied and the plural the singular. Words used in the structures. masculine gender include the feminine and the feminine the masculine.—"And" indicates that all (7) Building. Any structure used connected items or provisions apply. "Or" indicates that or intended to be used for supporting or sheltering any the connected items or provisions may apply singly or use or occupancy. in combination.Terms,words,phrases and their derivatives used,but not specifically defined in this (8) Building,Existing. Existing Chapter,either shall have the meanings defined in building is a building erected prior to the adoption of Titles 14 or 18,or if not defined, shall have their this Chapter, or one for which a legal permit has been commonly accepted meanings. issued. 14.16.070 Definitions. (9) Building Official. The Building Official,or authorized representative,charged The definition of words with specific meaning with the enforcement and administration of this in this Chapter are as follows: Chapter. (1) Abatement of a nuisance. The act of (10) Ceiling Height. The clear distance 14-16-22 TIGARD MUNICIPAL CODE between the floor and the ceiling directly above it. designed,or used for renting or hiring out for sleeping purposes by residents on a daily,weekly, or monthly (11) Court. A space,open and basis. unobstructed to the sky,located at or above grade level on a lot and bounded on three or more sides by walls of (eft Motel. For purposes of a building. this Chapter, a motel shall be defined the same as a hotel. (12) Dangerous Building. See Dangerous Structure. (fg) Single-Room Occupancy Housing Unit. A one-room dwelling unit in a hotel (13) Dangerous Structure. Any providing sleeping,cooling,and living facilities for structure which has any of the conditions or defects one or two persons in which some or all sanitary or described in Section 14.16.400,to the extent that life, cooking facilities(toilet,lavatory,bathtub or shower, health,property,or safety of the public or its occupants kitchen sink,or cooking equipment)may be shared are endangered. with other dwelling units. (14) Derelict Building. Any (h) Social Care Facilitics. structure which has any of the conditions or defects Anv building or portion of a building described in Section 14.16.390(A) containing three or more dwelling units,which is designed,built, rented leased,let,hired out or (15) Duplex. See Dwelling Classifications, otherwise occupied for group residential living "Two-Family Dwelling." purposes which is not an apartment house. Such facilities include but are not limited to adult foster (16) Dwelling. Any structure care retirement homes, half-way houses,youth containing dwelling units,including all dwelling shelters. homeless shelters and other group living classifications covered by this Chapter. residential facilities. (17) Dwelling Classifications. Types of (gi) Manufactured Dwelling. dwellings covered by this Chapter include: The term"manufactured dwelling" includes the following types of single-family dwellings: (a) Accessory Dwelling Unit. An additional dwelling unit within a detached single- (1) Residential Trailer. family dwcllinQ_ subicct to the provisions of Titic 13. A structure constructed for movement on the public highways that has sleeping,cooking,and (abbj Single-Family Dwelling. A plumbing facilities,that is intended for human structure containing one dwelling unit. occupancy,that is being used for, or is intended to be used for, residential purposes,and that was constructed (bc, Two-Family Dwelling. A before January 1, 1962. structure containing two dwelling units,also known as a"duplex." (2) Mobile Home. A structure constructed for movement on the (eddj Apartment House. public highways that has sleeping,cooking,and Any building or portion of a building containing three plumbing facilities,that is intended for human or more dwelling units;which is designed,built, occupancy,that is being used for,or is intended to be rented.leased,let,or hired out to be occupied for used for, residential purposes,and that was constructed residential living purposes. between January 1, 1962,and June 15, 1976,and met the construction requirements of Oregon mobile home (dee) Hotel. Any structure law in effect at the time of construction. containing -i,efe-dwelling units that are intended, 14-16-3-2 TIGARD MUNICIPAL CODE (3) Manufactured which any person remains for continuous periods of Home. A structure constructed for movement on the two hours or more or for periods which will amount to public highways that has sleeping,cooking,and four or more hours out of 24 hours in one day. plumbing facilities,that is intended for human occupancy,that is being used for,or is intended to be (26) Immediate Danger. Any used for, residential purposes, and that was constructed condition posing a direct immediate threat to human in accordance with federal manufactured housing life,health,or safety. construction and safety standards and regulations. (27) Infestation. The presence Manufactured Dwelling does not include any within or around a dwelling of insects,rodents,vermin unit identified as a recreational vehicle by the or other pests to a degree that is harmful to the manufacturer. dwelling or its occupants. (18) Dwelling Unit. One or more (28) Inspection. The examination of habitable rooms that are occupied by,or designed or a property by the Building Official for the purpose of intended to be occupied by,one person or by a family or evaluating its condition as provided by this Chapter. group of house mates living together as a single housekeeping unit that includes facilities for living and (29) Inspector. An authorized sleeping and,unless exempted by this Chapter in representative of the Building Official whose primary Sections 14.16.230 and 14.16.240,also includes function is the inspection of properties and the 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 14-16-2 TIGARD MUNICIPAL CODE (37) Occupant. Any person (including an owner or operator)using a building,or (47) Residential Property. Real any part of a building,for its lawful,intended use. property and all improvements or structures on real property used or intended to be used for residential (38) Occupied Used for an purposes including any residential structure, dwelling, occupancy. or dwelling unit as defined in this chapter and any mixed-use structures which have one or more dwelling (39) Operator. Any person who units.Hotels that are used exclusively for transient has charge,care or control of a building or part of a occupancy,as defined in this Chapter,are excluded building in which dwelling units are let or offered for from this definition of residential property. occupancy. (48) Residential Rental Property. (40) Outdoor area. All parts of property Any property within the City on which exist that are exposed to the weather including the exterior one or more dwelling units which are not occupied as of structures built for human occupancy.This includes, the principal residence of the owner. but is not limited to;open and accessible porches, carports,garages,and decks;accessory structures,and (49) Residential Structure. Any any outdoor storage structure. building or other improvement or structure containing one or more dwelling units as well as any accessory (41) Owner. The person whose name structure.This includes any dwelling as defined in this 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 (51) Single-Family Dwelling. See water heating facilities,water pipes,vent pipes, Dwelling Classifications. garbage or disposal units,waste lavatories,bathtubs, shower baths, installed clothes-washing machines or (52) Single-Room Occupancy Housing other similar equipment,catch basins, drains,vents,or Unit. See Dwelling Classifications. other similarly 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. 14-16-5-2 TIGARD MUNICIPAL CODE (66) Unsecured. Any structure in (57) Substandard. In violation of any which doors,windows,or apertures are open or broken of the minimum requirements as set out in this so as to allow access by unauthorized persons. Chapter. %--Vehic-le Any",ie (58) Summary Abatement. Abatement of a nuisance by the City,or by a contractor hired by the City,without obligation to give prior notice of the abatement action to the owner or occupant of the property. , or-other-w4er.po£t. (59) Supplied Installed,furnished or provided by the owner or operator. (69D Yard An open,unoccupied space, other than a court,unobstructed from the ground to the (60) Swimming Pool. An artificial basin, sky,and located between a structure and the property chamber,or tank constructed of impervious material, line of the lot on which the structure is situated- having ituatedhaving a depth of 18 inches or more,and used or intended to be used for swimming,diving,or 14.16.080 Housing Maintenance recreational bathing. Requirements,Generally. (61) Toilet. A flushable plumbing No owner shall maintain or permit to be 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 lettere (c) The period of occupancy �• does not exceed 30 days;and 14.16.100 Accessory Structures. (d) If the occupancy exceeds five All accessory structures on residential days,the resident has a business address or a residence property shall be maintained structurally safe and other than at the hotel. sound and in good repair. Exterior steps and walkways (64) Two-Family Dwelling. See shall be 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 14-16-62 TIGARD MUNICIPAL CODE have no defects which might admit rain.Roof drainage (C) Exterior metal surfaces shall be shall be adequate to prevent rain water from causing protected from rust and corrosion. dampness in the walls or interior portion of the building and shall channel rain water into approved (D) Every section of exterior brick, stone, receivers. masonry,or other veneer shall be maintained structurally sound and be adequately supported and 14.16.120 Chimneys. tied back to its supporting structure. Every masonry,metal,or other chimney shall 14.16.150 Stairs and Porches. remain adequately supported and free from obstructions and shall be maintained in a condition which ensures Every stair,porch,and attachment to stairs or there will be no leakage or back-up of noxious gases. porches shall be so constructed as to be safe to use and Every chimney shall be reasonably plumb. Loose bricks capable of supporting the loads to which it is subjected or blocks shall be rebonded.Loose or missing mortar and shall be kept in sound condition and good repair, shall be replaced. Unused openings into the interior of including replacement as necessary of flooring,treads, the structure must be permanently sealed using risers,and stringers that evidence excessive wear and approved materials. are broken,warped,or loose. 14.16.130 Foundations and Structural 14.16.160 Handrails and Guardrails. Members. Every handrail and guardrail shall be firmly (A) Foundation elements shall adequately fastened,and shall be maintained in good condition, 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 (A) Handrails and guardrails in every dwelling shall be maintained structurally required by building codes at the time of construction sound, showing no evidence of deterioration or decay shall be maintained or,if removed,shall be replaced which 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 Surfaces. intended to be used as part of the regular access to the dwelling unit shall have handrails. Interior stairs of (A) Every exterior wall and weather- more than 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 sir inches to earth shall be treated wood or wood having a natural resistance to decay. 14-16-72 TIGARD MUNICIPAL CODE with habitable rooms shall have handrails. When compartment shall comply with the light and required handrails are installed they shall have a ventilation requirements for habitable rooms as minimum height of 30 inches and maximum height of required by Subsections 14.16.170(A)and(B),except 38 inches, measured vertically from the nosing of the that no window shall be required in bathrooms or toilet treads. They shall be continuous the full length of the compartments equipped with an approved ventilation stairs and shall be returned or shall terminate in newel system. posts or safety terminals. (D) Windows in sleeping rooms (C) Where not otherwise that are provided to meet emergency escape or rescue required by original building codes,porches,balconies requirements described in Section 14.16.310(A)shall or raised floor surfaces located more than 30 inches have a sill height of no more than 44 inches above the above the floor or grade below shall have guardrails at floor or above an approved,permanently installed step. least 36 inches high. Open sides of stairs with a total The step must not exceed 12 inches in height and must rise of more than 30 inches above the floor or grade extend the full width of the window.The top surface of below shall have guardrails no less than 34 inches in the step must be a minimum of six feet from the ceiling height measured vertically from the nosing of the above the step. tread When required guardrails are installed,they shall have (E) Windows in sleeping rooms intermediate rails or ornamental closures which will that are provided to meet emergency escape or rescue not allow passage of an object 4 inches or more in requirements described in Section 14.16.310(A)shall diameter. have a minimum net clear opening at least 20 inches wide,at least 22 inches high,and,if constructed after 14.16.170 Windows. July 1, 1974, at least five square feet in area. (A) Every habitable room shall (F) Every window required for have at least one window facing directly to an exterior ventilation or emergency escape shall be capable of yard or court or shall be provided with approved being easily opened and held open by window artificial light.Except where approved artificial Iight is hardware. Any installed storm windows on windows provided Tthe minimum total glass area for each required for emergency escape must be easily openable habitable room shall be 6.8 percent of the room's floor from the inside without the use of a key or special area, except for basement rooms where the minimttm knowledge or effort. shall be 5 percent.Thiese exceptions to the current code shall not apply where any occupancy has been (G) All windows within 10 feet changed or increased contrary to the provisions of this of the exterior grade that open must be able to be Chapter. securely latched from the inside as well as be operable from the inside without the use of a key or any special (B) Every habitable room shall knowledge or effort.This same requirement shall apply have at least one window that can be easily opened or to all openable windows that face other locations that another approved device to adequately ventilate the are easily accessible from the outside,such as balconies room. Except where another approved ventilation or fire escapes, regardless of height from the exterior device is provided,the total openable window area in grade. every habitable room shall be equal to at least one- fortieth of the area of the room. Windows required for (l) Every window shall be secondary escape purposes in sleeping rooms must also substantially weather-tight,shall be kept in sound meet the requirements outlined in Subsection condition and repair for its intended use,and shall 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 14-16-82 TIGARD MUNICIPAL CODE approved substitute without open cracks and holes. constructed and maintained in relation to the adjacent wall construction so as to exclude rain as completely as (2) Every window sash possible,and to substantially exclude wind from shall be in good condition and fit weather-tight within entering the dwelling. its frames. (3) Every window (E) Every interior door and door frame frame shall be constructed and maintained in relation shall be maintained in a sound condition for its to the adjacent wall construction so as to exclude rain intended purpose with the door fitting within the door as completely as possible and to substantially exclude frame. wind from entering the dwelling. 14.16.190 Interior Walls,Floors,and 14.16.180 Doors. Ceilings. (A) Every dwelling or dwelling unit (A) Every interior wall,floor, ceiling, shall have at least one door leading to an exterior yard and cabinet shall be constructed and maintained in a or court,or in the case of a two-family dwelling or e-lean s"itafy;safe;and structurally sound condition, apartment, to an exterior yard or court or to an free of large holes and serious cracks,loose plaster or approved exit. All such doors shall be operable from wallpaper,flaking or scaling paint, to permit the the inside without the use of a key or any special interior wall, floor, ceiling and cabinet to be kept in a knowledge or effort. All screen doors and storm doors clean and sanitary condition. must be easily openable from the inside without the use of a key or special knowledge or effort. (B) Every toilet compartment,bathroom, and kitchen floor surface shall be constructed and (B) In hotels and apartment houses,exit maintained to be substantially impervious to water and doors in common corridors or other common to permit the floor to be kept in a clean and sanitary passageways shall be openable from the inside with condition. one hand in a single motion, such as pressing a bar or turning a knob,without the use of a key or any special 14.16.200 Interior Dampness. knowledge or effort. Every dwelling,including basements,and (C) Every door to the exterior of a crawl spaces shall be maintained reasonably free from dwelling unit shall be equipped with a lock designed to dampness to prevent conditions conducive to decay, discourage unwanted entry and to permit opening mold growth,or deterioration of the structure. from the inside without the use of a key or any special knowledge or effort. 14.16.210 Insect and Rodent Harborage. (D) Every exterior door shall comply Every dwelling shall be kept free from insect with the following: and rodent infestation,and where insects and rodents are found,they shall be promptly exterminated. After (1) Every exterior door,door extermination,proper precautions shall be taken to hinge,door lock, and strike plate shall be maintained prevent reinfestation. in good condition. 14.16.220 Cleanliness and Sanitation. (2) Every exterior door when (A) Ad!e,4er-ier-pfepefty afear,shall be- closed,shall fit reasonably well within its frame and be weather-tight. b . (3) Every door frame shall be (B) The interior of every dwelling shall 14-16-9-2 TIGARD MUNICIPAL CODE be maintained in a clean and sanitary condition and (A) Every dwelling unit shall contain a free from any accumulation of rubbish or garbage so as kitchen sink apart from the lavatory basin required not to breed insects and rodents,produce dangerous or under Section 14.16.230,with the exception of single- offensive gases,odors and bacteria,or other unsanitary room occupancy housing units which shall comply conditions,or create a fire hazard. with Subsection 14.16.370(B)and social carc facilities comylving with Subsection 14.16.240(C). (C) The owner of any residential rental property shall provide in a location accessible to all dwelling (B) Except as otherwise provided for in units at least one 30 gallon receptacle for each Subsections 14.16.240(C)and 14.16.370(B)and(C), dwelling unit,or receptacles with a capacity sufficient every dwelling unit shall have approved service to prevent the overflow of garbage and rubbish from connections for refrigeration and cooling appliances. occurring, into which garbage and rubbish from the dwelling units may be emptied for storage between (C) Social care facilities may be provided days of collection.Receptacles and lids shall be with a community kitchen with facilities for cooking, watertight and provided with handles. All receptacles refrigeration, and washing utensils. shall be maintained free from holes and covered with tight-fitting lids at all times. The owner of the units 14.16.250 Plumbing Facilities. shall subscribe to and pay for weekly garbage removal service for the receptacles required by this subsection, (A) Every plumbing fixture or device by a refuse collection franchisee as defined in Section shall be properly connected to a public or an approved 11.04.040 of the Code of the City of Tigard. private water system and to a public or an approved (((UNCERTAIN CODE REFERENCE))) private sewer system. 14.16.230 Bathroom Facilities. (B) All required sinks,lavatory basins, bathtubs and showers shall be supplied with both hot Except as otherwise noted in this Section, and cold running water. Every dwelling unit shall be every dwelling unit shall contain within its walls in supplied with water heating facilities which are safe and sanitary working condition: installed in an approved manner,properly maintained, and properly connected with hot water lines to all (A) A toilet located in a room that is required sinks,lavatory basins,bathtubs and showers. separate from the habitable rooms and that allows Water heating facilities shall be capable of heating privacy; water enough to permit an adequate amount of water to be drawn at every required facility at a temperature of (B) A lavatory basin;and at least 120 degrees at any time needed. (C) A bathtub or shower located in a (C) In every dwelling all plumbing or room that allows privacy. plumbing fixtures shall be: In hotels=and-apartment houses and social (1) Properly installed, care facilities where private toilets, lavatories,or baths connected,and maintained in good working order; are not provided,there shall be on each floor at least one toilet,one lavatory, and one bathtub or shower (2) Kept free from obstructions. each provided at the rate of one for every twelve leaks,and defects; residents or fraction of twelve residents.Required toilets.bathtubs, and showers shall be in a room,or (3) Capable of performing the rooms,that allow privacy. function for which they are designed:and 14.16.240 Kitchen Facilities. (4) Installed and maintained so-as to prevent structural deterioration or health 14-16-102 TIGARD MUNICIPAL CODE hazards. power. Every electric outlet and fixture shall be maintained and safely connected to an approved (D) All plumbing repairs and installations shall electrical system. The electrical system shall not be made in accordance with the provisions of the constitute a hazard to the occupants of the building by Plumbing Code adopted by the City. reason of inadequate service,improper fusing, improper wiring or installation,deterioration or 14.16.260 Heating Equipment and Facilities. damage,or similar reasons. (A) All heating equipment, including In addition to other electrical system that used for cooking,water heating,dwelling heat, components that may be used to meet cooking, and clothes drying shall be: refrigeration,and heating requirements listed elsewhere in this Chapter, the following outlets and (1) Properly installed, lighting fixtures are required: connected,and maintained in safe condition and good working order, (A) Every habitable room shall contain (2) Free from leaks and at least two operable electric outlets or one outlet and obstructions and kept functioning properly so as to be one free from fire,health,and accident hazards;and operable electric light fixture. (3) Capable of performing the (B) Every toilet compartment or function for which they are designed. bathroom shall contain at least one supplied and operable electric light fixture and one outlet. Every (B) Every dwelling shall have a heating laundry,furnace room,and all similar non-habitable facility capable of maintaining a room temperature of spaces located in a dwelling shall have one supplied 68 degrees Fahrenheit at a point 3 feet from the floor electric light fixture available at all times. in all habitable rooms. (C) Every public hallway, corridor, and (1) Portable heating devices stairway in apartment houses and hotels shall be may not be used to meet the dwelling heat adequately lighted at all times with an average requirements of this Chapter. intensity of illumination of at least one foot candle at principal points such as angles and intersections of (2) No inverted or open flame corridors and passageways, stairways,landings of fuel burning heater shall be permitted All heating stairways,landings of stairs and exit doorways,and at devices or appliances shall be of an approved type. least'/Z-foot candle at other points.Measurement of illumination shall be taken at points not more than 4 (C) When the owner or operator of a feet above the floor. residential rental property has agreed to furnish heat, and the outside temperature is below 68 degrees 14.16.280 Ceiling Heights. Fahrenheit,all dwelling units on the property shall be furnished with heat sufficient to maintain a Habitable rooms in existing buildings shall temperature of not less than 68 degrees Fahrenheit at a have a clear ceiling height of at least 7 feet 6 inches height of 3 feet from the floor,between the hours of except as follows: 7:00 a.m. and 10:30 p.m. (A) In basements,the ceiling height may 14.16.270 Electrical System,Outlets,and be a minimum of 6 feet 8 inches except under Lighting. encroachments such as pipes,ducts,and beams, where ceiling height may be a minimum of 6 feet. Such All buildings used for residential purposes encroachments shall not occupy more than 10 percent shall be connected to an approved source of electric of the room area, unless they are within 2 feet of the 14-16-11-2 TIGARD MUNICIPAL CODE room walls. (3) Floor area requirements for (B) In attics and half-stories,the ceiling single-room occupancy housing units shall be in height may be a minimum of 6 feet 8 inches over an accordance with Section 14.16.370 of this Chapter. area at least 6 feet wide and at least 10 feet long, provided that the ceiling height is at least 5 feet 14.16.300 Overcrowding. over an area at least 10 feet wide and 10 feet long. No dwelling unit shall be permitted to be (C) These exceptions to the current overcrowded A dwelling unit shall be considered building codes shall not apply where any occupancy overcrowded if there are more residents than one plus has been changed, or the occupant load has been one additional resident for every 100 square increased,contrary to the provisions of this Chapter. feet of floor area of the habitable rooms in the dwelling unit. 14.16.290 Sleeping Room Requirements. 14.16.310 Emergency Exits. Every room used for sleeping purposes: (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 operable 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 sleeping purposes,the required floor area shall be block 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 (1) All fire escapes shall be 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 (2) Every fire escape or of 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 14-16-12-2 TIGARD MUNICIPAL CODE from the building shall be kept free of'encumbrances shall produce proof that required fire and life safety or obstructions of any kind. systems are fully operational. (3) Where doors to stair 14.16.340 Hazardous Materials. enclosures are required by City code to be self-closing, the self closing device shall be maintained in good (A) When paint is applied to any surface working order and it shall be unlawful to wedge or of a residential structure,it shall be lead-free. prop the doors open. (B) Residential property shall be free of (4) Windows leading to fire dangerous levels of hazardous materials, escapes shall be secured against unwanted entry with contamination by toxic chemicals, or other approved devices. circumstances that would render the property unsafe. Where a governmental agency authorized by law to (5) Every apartment house and make the determination has verified that a property is hotel shall have directional signs in place,visible unfit for use due to hazardous conditions on the throughout common passageways,that indicate the property,the Property shall be in violation of this way to exit doors and fire escapes. Emergency exit Chapter. Any such property shall remain in violation doors and windows shall be clearly labeled for their of this Chapter until such time as the agency has intended use. approved the abatement of the hazardous conditions. The Building Official may order such property vacated 14.16.320 Smoke Detectors. pursuant to Section 1.16.150 of this Code. ((UNCERTAIN REFERENCE TO VACATION Smoke detectors shall be required in all CODE)) buildings where a room or area therein is designated for sleeping purposes either as a primary use or use on (C) No residential property shall be used a casual basis. Smoke detectors shall be installed in the as a place for the storage and handling of highly immediate vicinity of the sleeping rooms and on each combustible or explosive materials or any articles additional story of the dwelling, including basements which may be dangerous or detrimental to life or and attics with habitable space. All detectors shall be health.No residential property shall be used for the approved, shall be installed in accordance with the storage or sale of paints,varnishes or oils used in the manufacturer's instructions and shall be operable. mating of paints and varnishes,except as needed to maintain the dwelling. 14.16.330 Fire Safety Conditions for Apartment Houses and Hotels of (D) Residential property shall be kept More Than Two Stories. free of friable asbestos. In addition to other fire safety requirements of this 14.16.350 Maintenance of Facilities and Chapter, hotels and apartment houses of more than two Equipment. stories in height shall meet the following requirements: In addition to other requirements for the (A) Minimum fire safety standards shall maintenance of facilities and equipment described in be as provided in Appendix Chapter 12 of the State of this Chapter: Oregon Structural Specialty Code, 1979. (A) All required facilities in every (B) Residential High Rise Buildings dwelling shall be constructed and maintained to constructed in accordance with Section 14.04 of this properly and safely perform their intended function. Code shall maintain all the required fire and life safety systems and equipment in good repair and working (B) All non-required facilities or order. Upon request of the Building Official the owner equipment present in a dwelling shall be maintained to 14-16-132 TIGARD MUNICIPAL CODE prevent structural damage to the building or hazards of (2) All cooldng appliances health, sanitation,or fire. shall be fixed and permanent; 14.16.360 Swimming Pool Enclosures. (3) The Mechanical Specialty Code,as adopted by Section 14.04 shall be used for Each swimming pool not totally enclosed by a setting standards for cooldng appliances. Cabinets over structure shall be enclosed by a substantial fence at cooking surfaces shall be 30 inches above the cooling least 4 feet in height and equipped with a self-closing surface,except that this distance may be reduced to 24 and latching gate except where bordered by a wall of inches when a heat shield with 1 inch airspace and an adjacent structure at least 4 feet in height.No extending at least 6 inches horizontally on either side swimming pool shall be nearer than 3 feet from any lot of the cooking appliance is provided Cooking line,and no enclosing fence or wall shall be appliances are limited to two cooking elements or constructed nearer than 3 feet to the outer walls of the burners and located with at least a 6-inch clear space in swimming pool. The lot line shall be as defined in all directions from the perimeter of the cooling Title 18 of City code. element or burner. In lieu of two-burner cooking appliances, standard third-party tested and approved 14.16.370 Special Standards for Single-Room ranges with ovens are acceptable,provided that the Occupancy Housing Units. units are fixed and hard-wired or have single dedicated In addition to meeting requirements for connections; residential structures defined elsewhere in this Chapter,hotels containing single-room occupancy (4) All cooking appliances housing units shall comply with the following: shall be installed under permit from the City; and (A) The unit shall have at least 100 (5) All cooking appliances square feet of floor area,except that any single-room shall be installed so as to provide a minimum clear occupancy housing unit constructed pursuant to permit work space in front of the appliance of 24 inches. or lawfully constructed prior to permit requirements shall be deemed in compliance with respect to floor 14.16.380 Dangerous and Derelict Structures, area provided it has at least 85 square feet of floor area. Generally. This exception shall not apply where any occupancy has been changed or increased contrary to the No property shall contain any dangerous provisions of this Chapter. structure or derelict building as described in this chapter. All such structures shall be repaired or (B) Either a community kitchen with demolished facilities for cooking, refrigeration,and washing utensils shall be provided on each floor, or each 14.16.390 Derelict Buildings. individual single-room occupancy housing unit shall have facilities for cooking,refrigeration and washing (A) A derelict building shall be utensils. In addition,facilities for community garbage considered to exist whenever any building,structure,or storage or disposal shall be provided on each floor. portion thereof which is unoccupied meets any of the following criteria or any residential structure which is (C) Where cooking units are provided in at least 50%unoccupied meets any of the following individual single-room occupancy housing units,they criteria: shall conform to the requirements set forth below. (1) Has been ordered vacated (1) All appliances shall be by the Building Official pursuant to Chapter 1.16; hard-wired and on separate circuits or have single ((UNCERTAIN CODE REFERENCE)) dedicated connections: (2) Has been issued a 14-16-142 TIGARD MUNICIPAL CODE correction notice by the Building Official pursuant to purpose,or location. Section 1.16.120 or 1.16.130; ((UNCERTAIN CODE REFERENCES))) (B) Weakened or unstable structural members or appendages. (3) Is unsecured; (1) Whenever any portion of a (4) Is boarded; structure has been damaged by fire,earthquake,wind, flood,or by any other cause,to such an extent that the (5) Has,while vacant,had a structural strength or stability is materially less than it nuisance abated by the City pursuant to this Chapter. was before such catastrophe and is less than the ((UNCERTAIN CODE REFERENCE)) minimum requirements of Chapter 14.04 for new buildings of similar structure, purpose,or location;or (B) Any property which has been declared by the Building Official to include a derelict (2) Whenever appendages building shall be considered in violation of this including parapet walls,cornices, spires,towers,tanks, Chapter until: statuaries,or other appendages or structural members which are supported by,attached to,or part of a (1) The building has been building,and which are in a deteriorated condition or 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 the base. Official 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 following conditions or defects to the extent that life, construction;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 14.16.410 ornamentation of the exterior thereof is not of and of the City Code. sufficient strength or stability, or is not so anchored, ((UNCERTAIN CODE REFERENCE)) attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in (A) High loads. Whenever the Chapter 14.04 for new buildings of similar structure, stress in any materials, member, or portion of a purpose, or location without exceeding the working structure,due to all dead and live loads, is more than stresses permitted in Chapter 14.04 for such buildings. 1-1/2 times the working stress or stresses allowed in Chapter 14.04 for new buildings of similar structure, (E) Insufficient strength or fire 14-16-152 TIGARD MUNICIPAL CODE resistance. Whenever anv structure which,whether or deterioration of its enclosing or outside wall coverings. not erected in accordance with all applicable laws and ordinances: (1) Demolition remnants on site. Whenever any portion of a structure, including unfilled (1) Has in any non-supporting excavations, remains on a site for more than 30 days part, member,or portion, less than 50 percent of the after the demolition or destruction of the strength or the fire-resisting qualities or characteristics structure; required by law for a newly constructed building of like area, height, and occupancy in the same location;or (I) Fire hazard. Whenever any structure is a fire hazard as a result of any cause, (2) Has in any supporting part, including but not limited to: Dilapidated condition, member,or portion less than 66 percent of the strength deterioration,or damage; inadequate exits; lack of or the fire-resisting qualities or characteristics required sufficient fire-resistive construction;or faulty electric by law in the case of a newly constructed building of wiring,gas connections,or heating apparatus. like area,height, and occupancy in the same location. (n Other hazards to health, safety,or (F) Risk of failure or collapse. public welfare. (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 (2) 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 14-16-162 TIGARD MUNICIPAL CODE a derelict building, as defined in this Chapter, remains $100. unoccupied for a period in excess of 6 months or period less than 6 months when the building or (B) Apartment houses: $160, plus$7 for portion thereof constitutes an attractive nuisance or each dwelling unit in excess of three. hazard to the public. (C) Hotels: $160,plus$5 for each (M) Violations of codes, laws. Whenever dwelling unit in excess of five. any structure has been constructed,exists, or is maintained in violation of any specific requirement or prohibition applicable to such structure provided by the 14.16.440 Occupancy of Residential Property building regulations of this City,as specified in After Notice of Violation. Chapter 14.04 or any law or ordinance of this State or City relating to the condition, location,or structure or (A) If a notice of violation of sections buildings. 14.16.080 through 14.16.370 or 14.16.380 through 14.16.400 has been issued,and if the affected 14.16.410 Abatement of Dangerous Structures. dwelling unit(s)is or becomes vacant,it shall be All structures or portions thereof which are unlawful to reoccupy or permit re-occupancy determined after inspection by the Building Official to of the unit(s)for residential purposes until the be dangerous as defined in this Chapter are hereby necessary permits are obtained,corrections declared to be public nuisances and shall be abated by made,and permit inspection approvals given or until a repair, rehabilitation,demolition,or removal in notice of compliance has been issued by the City. accordance with the procedures specified herein. If the Building Official determines that a structure is (B) Notwithstanding Subsection dangerous, as defined by this Chapter,the Building 14.16.440(A),the Building Official may permit re- Official may commence proceedings to cause the occupancy of the dwelling unit if in the Building repair,vacation,demolition,or warehousing of the Official's opinion,all fire and life safety hazards have structure. been rectified. ((UNCERTAIN CODE REFERENCE)) 14.16.450 Illegal Residential Occupancy. 14.16.420 Inspections Required. When a property has an illegal residential occupancy, including but not limited to occupancy of tents, All buildings, structures,or other campers, motor homes, recreational vehicles.or other improvements within the scope of this Chapter and all structures or spaces not intended for permanent construction work for which a permit is required shall residential use or occupancy or spaces constructed or be subject to inspection by the Building Official in the converted without permit,the use shall be abated or the manner provided by this Chapter and Titles 18 and structure brought into compliance with the present 14—. regulations for a building of the same occupancy. ((JcNC-ER-TAJN 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 14-16-172 TIGARD MUNICIPAL CODE the provisions of this Chapter; (B) The abatement of a nuisance pursuant to the provisions of this Chapter;or ((UNCERTAIN CODE REFERENCE)) (C) The performance of any necessary act preliminary to or incidental to such work as authorized by this Chapter or directed pursuant to it. i:bidg davi&Lx mmhous�misc:orddrl.doe 14-16-18-2