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Building Enforcement
The Building Official is authorized to enforce the provisions from Florence City Code Title 4 Chapter 1- Building Regulations and Chapter 4 - Abatement of Dangerous Buildings
FCC Title 4-5-1: PURPOSE: It is the purpose of this code to provide an equitable and practicable method, to be cumulative with and in addition to, any other remedy provided by law, whereby buildings or structures which from any cause endanger the life, health, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished.
FCC Title 4-1-B. PURPOSE: The purpose of this code is to provide for the administration and enforcement of the Oregon Specialty Codes.
FCC Title 4-5-2: DEFINITIONS: DANGEROUS BUILDINGS
For the purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered:
1. Any building or structure, exclusive of the foundation, that shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its nonsupporting members, exterior walls or coverings. .
2. Any building or structure that has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children, or a harbor for vagrants.
3. Any building or structure that has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city, as specified in the Building Code or of any law or ordinance of this state or city relating to the condition, location or structure of buildings.
4. Any building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
5. Any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, as determined by the Fire Marshal or Electrical Inspector to be a fire hazard.
6. Any building or structure which contains any combination of unsafe conditions or items, including open and abandoned buildings, which could endanger other property or human life.
7. Any portion of a building structure that remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
FCC Title 4-5-3: ENFORCEMENT:
A. General:
1. Administration. The Building Official is hereby authorized to enforce the provisions of this code.
2. Inspections. The Health Officer, the Electrical Inspector, the Fire Marshal, and the Building Official are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code.
3. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.
4. When the Building Official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this code.
B. Abatement of Dangerous Buildings: All buildings or portions thereof which are determined after inspection by the Building Official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this code.
C. Violations: It shall be unlawful for any person, firm or corporation to enlarge, alter, improve, convert, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this code.
1. Any building declared a dangerous building under this ordinance either shall be repaired in accordance with the current building code or shall be demolished at the option of the building owner.
2. If the building or structure is in such condition as to make it immediately dangerous to life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.
3. All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with an in the manner provided by this code and Sections 305 and 306 of the Building Code.
D. Extension of Time to Perform Work: Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the Building Official may, in his discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition’s, if the Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal his notice and order.