ORDINANCE No. 182488

Add new provisions to address the exterior of non-residential structures, correct and clarify code language (Ordinance; amend Title 29, add Code Chapter 29.35)

The city of Portland ordains:

Section 1. The Council finds:

1.  Portland City Code Title 29 contains the Property Maintenance Code for the City of Portland.

2.  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.

3.  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.

4.  To better enable the City to respond to citizen, neighborhood and business concerns regarding the lack of maintenance and repair of non-residential properties which has a negative impact on the public and the surrounding community.

5.  To better promote the safety, livability and economic vitality of the City, exterior maintenance provisions shall apply to all structures in the City.

NOW, THEREFORE, the Council directs:

Amend and add new Subsection D to Section 29.05.020, Purpose, as follows:

29.05.020 Purpose.

The purpose of this Title is to protect the health, safety and welfare of Portland citizens, to prevent deterioration of existing housing and the exterior of non-residential structures, and to contribute to vital neighborhoods by:

A.  Establishing and enforcing minimum standards for residential structures regarding basic equipment, facilities, sanitation, fire safety, and maintenance.

B.  Establishing and enforcing minimum standards of maintenance for outdoor areas and adjacent rights of way.

C.  Regulating and abating dangerous and derelict buildings.

D.  Establishing and enforcing minimum standards for the exterior maintenance of non-residential structures.

Amend definition B of “Accessory Structure” to Section 29.10.020, Definitions, as follows:

B.  Accessory Structure. Any structure not intended for human occupancy which is located on residential or non-residential property. Accessory structures may be attached to or detached from the residential or non –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.

Add new Chapter 29.35 Maintenance Requirements for the exterior of Non-Residential Structures, as follows:

Chapter 29.35 Maintenance Requirements for the Exterior of Non-Residential Structures.

29.35.010 General

A.  The following requirements shall apply to non-residential properties.

B.  The exterior of non-residential structures shall be maintained to the building code requirements in effect at the time of construction, alteration, or repair.

C.  The specific minimum maintenance standards set forth in Subsections 29.35.020 through 29.35.100 shall apply to all non-residential structures.

29.35.020 Accessory Structures.

All accessory structures on non-residential property shall be maintained structurally safe and in good repair and sound condition. Exterior steps and walkways shall be maintained free of unsafe obstructions or hazardous conditions.

29.35.030 Roofs.

The roof shall be maintained structurally sound, and have no exterior defects which might admit rain. Storm water shall be channeled in an approved manner to an approved point of disposal.

29.35.040 Chimneys.

Every masonry, metal, or other chimney shall remain adequately supported, structurally sound and free from obstructions and shall be maintained in good repair and sound condition which ensures there will be no leakage or backup of noxious gases. Loose bricks or blocks shall be rebonded. Loose or missing mortar shall be replaced.

29.35.050 Foundations and Structural Members.

A.  Foundation elements shall be adequately maintained to support the building and shall be free of rot, crumbling elements, or similar deterioration.

B.  The supporting structural members shall be maintained structurally sound, showing no evidence of deterioration or decay which could substantially impair their ability to carry imposed loads.

29.35.060 Exterior Walls and Exposed Surfaces.

A.  Every exterior wall and weather-exposed exterior surface or attachment shall be maintained to 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 substantially impervious to the adverse effects of weather and shall be maintained in good repair and sound condition. Wood used in repair of permanent structures and located nearer than six inches to earth shall be treated wood or wood having a natural resistance to decay.

C.  Exterior metal surfaces shall be protected from rust and corrosion where applicable.

D.  Every section of exterior brick, stone, masonry, or other veneer shall be maintained structurally sound.

29.35.070 Stairs and Porches.

Every stair, porch, and attachment to stairs or porches shall be maintained so as to be safe to use and capable of supporting the loads to which it is subjected, and shall be maintained in good repair and sound condition, including replacement as necessary of flooring, treads, risers, and stringers that evidence excessive wear, are broken, warped or loose.

29.35.080 Handrails and Guardrails.

Every handrail and guardrail shall be firmly fastened, and shall be maintained in good repair and sound condition capable of supporting the loads to which it is subjected, and meet the following requirement:

A.  Handrails and guardrails required by the building codes at the time of construction shall be maintained or, if removed, shall be replaced.

29.35.090 Windows.

Every window shall be substantially weather-tight, maintained in good repair and sound condition for its intended use and shall comply with the following:

A.  Every window shall be fully supplied with glass window panes or an approved substitute without open cracks and holes.

B.  Every window sash shall be in good repair and sound condition and fit weather-tight within its frames.

C.  Every window frame shall be maintained so as to exclude rain as completely as possible and to substantially exclude wind from entering the building.

29.35.100 Doors.

Every exterior door shall comply with the following:

A.  Every exterior door, door hinge, door lock, and strike plate shall be maintained in good working condition.

B.  Every exterior door shall be maintained in good repair and sound condition and be weather-tight.

C.  Every doorframe shall be maintained so as to substantially exclude rain and wind from entering the building.

29.35.110 Cleanliness and Sanitation.

All exterior property areas shall be maintained in a clean and sanitary condition free from any significant accumulation of rubbish or garbage. All garbage shall be stored in receptacles which are watertight and free from holes and covered with tight fitting lids at all times.

29.35.120 Enforcement.

The Director’s authority to enforce the requirements of Title 29 shall be the sole and exclusive means of enforcement of the provisions of Title 29 as those provisions apply to non-residential structures. There shall be no separate private right of enforcement action arising from any violation of Title 29 as those provisions apply to non-residential structures. This limitation does not restrict the exercise of any private legal rights that may arise under contract or other applicable law.

Amend Section 29.50.040 Occupancy of Residential Property After Notice of Violation, Subsection A, as follows:

29.50.040 Occupancy of Residential Property After Notice of Violation.

A.  If a notice of violation of Chapters 29.30, 29.35, or 29.40 has been issued, and if the affected structure or any portion thereof is residential or neighborhood commercial use or becomes vacant, it shall be:

1.  Unlawful to re-enter the affected structure or any portion thereof between the hours of 10:00 pm – 7:00 am for any use of, or presence in purpose if the affected structure or any portion thereof is found to be substantially dangerous or unsafe, unless authorized in writing by the Director.

2.  Unlawful to re-enter the affected structure or any portion thereof between the hours of 7:00 am and 10:00 pm for any purpose other than work associated with the correction of violations noted in the Notice of Violation.

3.  Except as provided above in subsection 2., it is unlawful to occupy the affected structure or portion thereof without prior written approval from the Director.

The remainder of this Subsection is unchanged.

Amend Section 29.60.070 Vacating Structures, Subsection A, as follows:

29.60.070 Vacating Structures.

A.  Any structure found to be in violation of Chapter 29.30 or 29.35 to such an extent as to be a hazard or declared a dangerous structure under Chapter 29.40 may be vacated, secured, and maintained against entry by order of the Code Hearings Officer.

The remainder of this Subsection is unchanged.

Amend Section 29.70.010 Enforcement Fees for Housing and Dangerous and Derelict Buildings, Subsection A, as follows:

29.70.010 Enforcement Fees for Housing and Dangerous and Derelict Buildings.

A.  The City may charge a penalty in the form of a monthly enforcement fee for each property found in violation of Chapters 29.30, 29.35 or 29.40 of this Title that meets the following conditions:

The remainder of this Subsection is unchanged.

Passed by the Council, January 22, 2009

Commissioner Randy Leonard        GARY BLACKMER

Ed Marihart, BDS            Auditor of the City of Portland

January 14, 2009            By: /s/ Susan Parsons

                 Deputy

BACKING SHEET INFORMATION

AGENDA NO. 36, 56-2009

ACTION TAKEN:

JAN 14 2009 PASSED TO SECOND READING JAN 22 2009 2:00 P.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182488