ORDINANCE NO. 181699

Amend Property Maintenance Regulations to reflect changes in application and policy, repeal outdated provisions and add new provisions to address chronic offenders (Ordinance; amend Title 29)

The City of Portland Ordains:

Section 1. The Council Finds:

1.  The City Administers the State Building code as delegated by the Oregon Department of Consumer and Business Affairs by Statute.

2.  Portland City Code Title 29 contains the Property Maintenance Code for the City.

3.  Recent changes in Oregon’s building codes require that the City amend provisions in Title 29 to assure consistent regulation and to avoid enforcement confusion.

4.  As a result of the recent changes in the building code, there are no longer distance requirements from lot lines for swimming pools and swimming pool enclosures, such language is now superfluous and should be repealed in Title 29.

5.  Title 29 is periodically reviewed in an effort to correct and update code language to insure consistency and to clarify code requirements so that the language may be clearly understood by the public and the city employees who are charged with enforcement responsibility.

6.  Consistency within the City Code and with state regulations is central to providing efficient and effective administrative services over building regulations for Portland’s citizens. Editorial changes to the City Code will clarify the City Council’s intent, which will serve to achieve consistency in administration.

7.  Some property owners have multiple Title 29 violations within one year time periods. These chronic offenders have a negative impact on their neighbors and the public. Enforcement of these repeating violations cause a drain on public resources.

8.  Title 29 includes definitions, detailed minimum housing requirements, administration, enforcement and appeal procedures. The Title also provides information to the public regarding minimum property maintenance standards and the requirements associated with the enforcement of these standards.

NOW, THEREFORE, the Council directs:

a.  Portland City Code 29.10.020 Definitions, Subsection B. Accessory Structure is amended to read as follows:

B.  Accessory Structure. Any structure not intended for human occupancy which is located on residential property. Accessory structures may be attached to or detached from the residential structure. Examples of accessory structures include: garages, carports, sheds, and other non-dwelling buildings; decks, awnings, heat pumps, fences, trellises, flag poles, tanks, towers, exterior stairs, driveways and walkways, and other exterior structures on the property.

b.  Portland City Code 29.10.020 Definitions, Subsection U. Dwelling Unit is amended to read as follows:

U.  Dwelling Unit. One or more habitable rooms that are occupied by, or designed or intended to be occupied by, one person or by a family or group of housemates living together as a single housekeeping unit that includes facilities for living and sleeping and, unless exempted by this Title in Sections 29.30.150 and 29.30.160, also includesA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, eating, and sanitation.

c.  Portland City Code 29.30.005 General, is amended to read as follows:

29.30.005 General.

A.  No owner shall maintain or permit to be maintained any residential property which does not comply with the requirements of this Chapter.An owner may not maintain or permit to be maintained, in violation of this chapter, any residential property.

B.  All residential property shall be maintained to the building, mechanical, plumbing and electrical code requirements in effect at the time of construction, alteration, or repair and shall meet the minimum requirements described in this chapter.

C.  Where construction, alteration or repair has been made to a residential property illegally without benefit of a permit, all work shall be required to meet current requirements of the applicable Oregon Specialty Code as adopted in Sections 24.10.040, 25.01.020, 26.01.030 and 27.01.030 of the City Code.

D.  The specific minimum maintenance standards set forth in sections 29.30.010 through 29.30.240 shall only apply to residential property that was constructed, altered or repaired before July 1, 1974. Subsections 29.30.250 through 29.30.290 shall apply to all applicable structures regardless of construction date.

d.  Portland City Code 29.30.090 Windows, Subsections A through C and E are amended to read as follows:

29.30.090 Windows.

A.  Every habitable room shall have at least one window facing directly to an exterior yard or court. The minimum total glass area for each habitable room shall be 6.8 percent of the room’s floor area, except for basement rooms where the minimum shall be 5 percent. This exception to the current code shall not apply where any occupancy has been changed or increased contrary to the provisions of this Title.The glazed areas need not be provided in rooms where artificial light is provided capable of producing an average illumination of 3 foot-candles over the area of the room measured at a height of 30 inches above the floor and the minimum ventilation requirements in Subsection B below are satisfied.

B.  Every habitable room shall have at least one window that can be easily opened or another approved device to adequately ventilate the room. Except where another approved ventilation device is provided, the total openable window area in every habitable room shall be equal to at least one-fortieth (2.5%) of the area of the room. Windows required for secondary escape purposes in sleeping rooms must also meet the requirements outlined in Subsection 29.30.090 D.The glazed areas need not be openable where the opening is not required for emergency escape and an approved mechanical ventilation system is provided capable of producing 0.35 air changes per hour in the room.

C.  Every bathroom andor toilet room or compartment shall comply with the light and ventilation requirements for habitable rooms as required by Subsections 29.30.090 A and B, except that no window shall be required in bathrooms or toilet compartments equipped with an approved ventilation system.

(Subsection D unchanged)

E.  Windows in sleeping rooms that are provided to meet emergency escape or rescue requirements described in Section 29.30.230 A shall have a minimum net clear opening of at least 20 inches wide, and at least 22 inches high, and, if constructed after July 1, 1974, at least five square feet in area.

(Subsections F through H unchanged)

e.  Portland City Code 29.30.140 Cleanliness and Sanitation, Subsection C is amended and new Subsection D is added as follows:

C.  The owner of anya residential rental property shall provide, for each dwelling unit, in a location accessible to all dwelling units at least one 3020 gallon receptacle for each dwelling unit, or receptacles with ainto which garbage and rubbish from each dwelling unit may be emptied for storage and collection. Receptacles must be of sufficient capacity sufficient to prevent the overflow of garbage and rubbish from occurring, into which garbage and rubbish from the dwelling units may be emptied for storage between days of collection. Receptacles and lids shall be watertight and provided with handles. All receptacles shall be maintained free from holes and covered with tight-fitting lids at all times. The owner of the unitsresidential rental property shall subscribe to and pay for weekly garbage removal service for the receptacles required by this subsection, by a refuse collection permittee or franchisee as defined in Chapter 17.102 of the Code of the City of Portland.

D.  The owner of any owner occupied residential property shall be required to subscribe and pay for weekly garbage removal service by a refuse collection permittee or franchisee as defined in Chapter 17.102 of the Code of the City of Portland if the property has been posted two or more times within one year for violation of Section 29.20.010 G 1 or 2.

f.  Portland City Code 29.30.200 Ceiling Heights, Subsection B 2, is amended as follows:

2.  Bathrooms. In bathrooms with a sloped ceilings not more than 75 % of the floor area of a bathroom is permitted to have a sloped ceiling less than 7 feet in height, provided an area of 21 inches by 24 inches in front of toilets and lavatories has a minimum of 6 feet 4 inches in height. An area of 24 inches by 30 inches in front of and inside a tub or shower shall have a minimum of 6 feet 4 inches in height., the ceiling height shall comply with Section 305.1 Exception 4 of the 2005 Oregon Residential Specialty Code.

g.  Portland City Code 29.30.280 Swimming Pool Enclosures is amended as follows:

29.30.280 Swimming Pool Enclosures.

Swimming pool enclosures shall comply with either the provisions in the 2005 Oregon Residential Specialty Code or Oregon Administrative Rule 333.060.0105 (effective 09-1-1994) as appropriate. No swimming pool shall be nearer than 3 feet from any lot line, and no enclosing fence or wall shall be constructed nearer than 3 feet to the outer walls of the swimming pool. The lot line shall be as defined in Title 33 of City code.

h.  Portland City Code 29.40.010 Derelict Buildings, Subsection A is amended as follows:

A.  A derelict building shall be considered to exist whenever any building, structure, or portion thereof which is unoccupied meets any of the following criteria or any residential structure which is at least 50% unoccupied meets any of the following two criteria:

 (Subsections 1 through 6 unchanged)

i.  Portland City Code 29.70.010 Enforcement Fees for Housing and Dangerous and Derelict Buildings, Subsection A, is amended as follows:

A.  The City shallmay charge a penalty in the form of a monthly enforcement fee for each property found in violation of Chapters 29.30 or 29.40 of this Title that meets the following conditions:

(Items 1 through 3 unchanged)

j.  Portland City Code 29.70.040 Chronic Offender is being added as follows:

29.70.040  Chronic Offender

A.  A Chronic Offender is any person whose property has accumulated, within any 12-month period, multiple violations under Title 29 which have a negative impact on the public health or welfare and cause repeat inspections and enforcement efforts by the Director.

B.  The Director shall adopt policies and procedures setting forth the type and number of Title 29 violations that result in a Chronic Offender designation.

C.  The Director may pursue any of the following actions against a Chronic Offender:

1.  Refer the Chronic Offender to the Code Hearings Officer, as provided in Title 22 of the City Code, for additional sanctions; or

2.  Refer the Chronic Offender for Criminal Prosecution and criminal penalties of a fine of up to $500 per violation or six (6) months in jail as provided for in City Code Chapter 1.01.

Passed by the Council, March 26, 2008

Commissioner Randy Leonard        GARY BLACKMER

Lori Graham, BDS            Auditor of the City of Portland

March 20, 2008              By: /s/ Susan Parsons

                     Deputy

BACKING SHEET INFORMATION

AGENDA NO. 379, 399-2008

ACTION TAKEN:

MARCH 20 2008 PASSED TO SECOND READING MARCH 26 2008 9:30 AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 181699