HomeMy WebLinkAboutOrdinance No. 26-02 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO.26- D 2
AN ORDINANCE ADOPTING A NEW TIGARD MUNICIPAL CODE CHAPTER 14.24 DEMOLITION OF
STRUCTURES REGARDING THE PROCESSING OF DEMOLITION PERMITS WITHIN THE CITY OF TIGARD,
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WHEREAS, it has been longstanding practice that the City of Tigard regulates the demolition of buildings
and structures to ensure public health, safety, and welfare; and
WHEREAS, regulations on demolitions were removed from the Oregon Specialty Building Code;and
WHEREAS, the City of Tigard may continue to regulate demolitions provided the local jurisdiction has
authority through their municipal code; and
WHEREAS, the Council desires to continue to regulate demolitions in the city to protect public facilities and
public health and safety.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Title 14 is amended to add a new Chapter 14.24 for the purpose of
regulating the Demolition of Structures as shown in "Exhibit A" of this Ordinance.
SECTION 2: This ordinance is effective 30 days after its passage by the council, signature by the
mayor, and posting by the city recorder.
PASSED: By Z 1,a/U'2 -vote of all council members present after being read by number
and title only, this %D ; day of 'le A a 4.4r7 , 2026.
Carol A. Krager, City Recorder
APPROVED: By Tigard City Council this 1O riday of rl d z"u cvv , 2026.
Yi-Kltfig Hu, Ma or
Approved as to form:
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City Attorney>
Date
ORDINANCE No.26- p.
Page 1
EXHIBIT A
CHAPTER 14.24
DEMOLITION OF STRUCTURES
14.24.010 Purpose
14.24.020 Definitions
14.24.030 Permit Required
14.24.040 General Provisions
14.24.050 Application Process
14.24.060 Approval Criteria
14.24.070 Permit Denial, Revocation or Suspension,and Expiration
14.24.080 Violation—Penalty
14.24.010. Purpose.
This purpose of this chapter is to provide an appropriate and efficient application process for reviewing
demolition permits to ensure protection of public facilities and public health, safety, and welfare.
14.24.010. Definitions.
For the purposes of this chapter, the following mean:
"Building" means any structure used or intended for sheltering any use or occupancy.
"Building Official" means the designee or designees appointed by the Director of Community
Development who is responsible for the building inspections and enforcement of the building code.
"Demolition or Demolish" means to raze, destroy, dismantle, or any act or process that may cause
partial or total destruction of a structure where less than sixty (60) percent of the structure's external
walls will be retained in place; or where less than a majority of the facade will remain.
"Structure" means that which is built or constructed, an edifice or building of any kind, or piece of
work artificially built up or composed of parts joined together in some definite manner.
14.24.030. Permit Required.
A demolition permit is required to demolish any structure that would require a building permit to be
constructed under the State Building Codes, except that fences are exempt from this requirement.
14.24.040. General Provisions.
A. Prior to starting demolition, the applicant must notify all utility companies, such as telephone,
power, water, sewer, gas, and fiber optic, to disconnect all services from the main lines to the
building or structure. It is the applicant's responsibility to verify that all utilities have been
disconnected prior to demolition.
B. All debris, stumps, broken concrete, brick, and other material with a maximum dimension
exceeding 12 inches must be completely removed from the premises. All ground surfaces must be
raked clean and graded evenly within 30 days of completion of demolition. Any exposed or
otherwise destabilized soil resulting from the demolition of buildings or structures must be
covered, planted, or otherwise stabilized.
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EXHIBIT A ,,
C. A demolition permit does not constitute an authorization for damaging public or private property,
nor does it constitute a defense against liability the permittee incurs for personal injury or property
damage caused by the demolition. Any sidewalk or street that is damaged during demolition work
- .I must be immediately replaced or repaired, as directed by the Building Official or City Engineer.
D. The applicant is responsible for obtaining any other required approvals or permits from the city or
other agencies, including but not limited to erosion control permits.
E. Demolition activities must be conducted during the hours of 7 a.m. to 6 p.m. daily. Demolition
activities are prohibited at other times without the written consent from the city.
14.24.050. Application Process.
Applications for a permit to demolish a structure must be submitted in a manner prescribed by the
Building Official and must include all required information. The application must be signed by all
property owners of the property where the structure is located and include payment of the applicable
application fee.
14.24.060. Approval Criteria.
The Building Official will approve an application for a demolition permit when the following criteria
are met:
A. Applicant has sufficiently demonstrated that streetlights,fire or police alarm boxes,hydrants,catch
basins, manholes, sidewalks,and other public facilities will be adequately protected.
B. Applicant has properly capped all private and public utilities located on the property.
C. Applicant has demonstrated that the public will be protected, including through adequate use of
walkways, railings,or fences.
D. Applicant has provided a plan for the safe containment of dust, debris, and hazardous materials
exposed during and after demolition activities, including any required permits or approval from
other agencies including but not limited to asbestos removal as regulated by Oregon Department
of Environmental Quality.
14.24.070. Permit Denial, Revocation or Suspension,and Expiration.
A. The Building Official may deny a permit if the application does not meet the approval criteria,
general provisions,or presents a risk to public health, safety, and welfare.
B. The Building Official may revoke or suspend an issued demolition permit if:
1. The permit was issued in error; or
2. The applicant violates or cannot meet a requirement of the permit or this chapter; or
3. The application provided incorrect or misleading information.
C. A demolition permit issued by the Building Official will expire and become null and void if:
1. The demolition work has not commenced within 180 days of the permit issuance date; or
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EXHIBIT A
2. No activity has occurred within the last 180 days.
14.24.080. Violation—Penalty.
Violation of any provision of this chapter constitutes a Class I civil infraction subject to Chapter 1.16
of the Tigard Municipal Code.
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