29.40.020 Dangerous Structures.
Any structure which has any or all of the following conditions or defects to
the extent that life, health, property, or safety of the public or the
structure’s occupants are endangered, shall be deemed to be a dangerous
structure and such condition or defects shall be abated pursuant to Sections
29.60.050 and 29.60.080 of this Title.
A. High loads. Whenever the stress in any materials, member, or
portion of a structure, due to all dead and live loads, is more than 1-1/2 times
the working stress or stresses allowed in the Oregon Structural Specialty Code
and Fire and Life Safety Code for new buildings of similar structure, purpose,
or location.
B. Weakened or unstable structural members or appendages.
1. Whenever any portion of a structure has been damaged by fire,
earthquake, wind, flood, or by any other cause, to such an extent that the
structural strength or stability is materially less than it was before such
catastrophe and is less than the minimum requirements of the Oregon State
Structural Specialty Code and Fire and Life Safety Code for new buildings of
similar structure, purpose, or location; or
2. Whenever appendages including parapet walls, cornices, spires,
towers, tanks, statuaries, or other appendages or structural members which are
supported by, attached to, or part of a building, and which are in a
deteriorated condition or otherwise unable to sustain the design loads which
are specified in the Oregon State Structural Specialty and Fire and Life
Safety Code.
C. Buckled or leaning walls, structural members. Whenever the exterior
walls or other vertical structural members list, lean, or buckle to such an
extent that a plumb line passing through the center of gravity does not fall
inside the middle one-third of the base.
D. Vulnerability to earthquakes, high winds.
1. Whenever any portion of a structure is wrecked, warped, buckled,
or has settled to such an extent that walls or other structural portions have
materially less resistance to winds or earthquakes than is required in the
case of similar new construction; or
2. Whenever any portion of a building, or any member, appurtenance,
or ornamentation of the exterior thereof is not of sufficient strength or
stability, or is not so anchored, attached or fastened in place so as to be
capable of resisting a wind pressure of one-half of that specified in the
Oregon Structural Specialty Code and Fire and Life Safety Code for new
buildings of similar structure, purpose, or location without exceeding the
working stresses permitted in the Oregon State Structural Specialty Code and
Fire and Life Safety Code for such buildings.
E. Insufficient strength or fire resistance. Whenever any structure
which, whether or not erected in accordance with all applicable laws and
ordinances:
1. Has in any non-supporting part, member, or portion, less than 50
percent of the strength or the fire-resisting qualities or characteristics
required by law for a newly constructed building of like area, height, and
occupancy in the same location; or
2. Has in any supporting part, member, or portion less than 66
percent of the strength or the fire-resisting qualities or characteristics
required by law in the case of a newly constructed building of like area,
height, and occupancy in the same location.
This subsection does not apply to strength required to resist seismic
loads. For application of seismic requirements see Chapter
24.85.
F. Risk of failure or collapse.
1. Whenever any portion or member of appurtenance thereof is likely to
fail, or to become detached or dislodged, or to collapse and thereby injure
persons or damage property; or
2. Whenever the structure, or any portion thereof, is likely to
partially or completely collapse as a result of any cause, including but not
limited to:
a.
Dilapidation, deterioration, or decay;
b. Faulty construction;
c. The removal, movement, or instability of any portion of the ground
necessary for the purpose of supporting such structure; or
d. The deterioration, decay, or inadequacy of its
foundation.
G. Excessive damage or deterioration. Whenever the structure exclusive of
the foundation:
1.
Shows 33 percent or more damage or deterioration of its supporting
member or members;
2. 50 percent damage or deterioration of its non-supporting members;
or
3. 50 percent damage or deterioration of its enclosing or outside wall
coverings.
H. Demolition remnants on site. Whenever any portion of a structure,
including unfilled excavations, remains on a site for more than 30 days after
the demolition or destruction of the structure;
I. Lack of approved foundation. Whenever any portion of a structure,
including unfilled excavations, remains on a site, including:
1.
Where a structure is not placed on an approved foundation and no
valid permit exists for a foundation for that structure: or
2. For more than 90 days after issuance of a permit for a foundation
for a structure, where the structure is not placed on an approved
foundation.
J. Fire hazard. Whenever any structure is a fire hazard as a result of
any cause, including but not limited to: Dilapidated condition, deterioration,
or damage; inadequate exits; lack of sufficient fire-resistive construction; or
faulty electric wiring, gas connections, or heating apparatus.
K. Other hazards to health, safety, or public welfare.
1. Whenever, for any reason, the structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is lawfully constructed or
currently is being used; or
2. Whenever a structure is structurally unsafe or is otherwise
hazardous to human life, including but not limited to whenever a structure
constitutes a hazard to health, safety, or public welfare by reason of
inadequate maintenance, dilapidation, unsanitary conditions, obsolescence,
fire hazard, disaster, damage, or abandonment.
L. Public nuisance.
1. Whenever any structure is in such a condition as to constitute a
public nuisance known to the common law or in equity jurisprudence; or
2. Whenever the structure has been so damaged by fire, wind,
earthquake or flood or any other cause, or has become so dilapidated or
deteriorated as to become:
a. An attractive nuisance, or
b. A harbor for vagrants or
criminals.
M. Chronic dereliction. Whenever a derelict building, as defined in this
Title, remains unoccupied for a period in excess of 6 months or period less than
6 months when the building or portion thereof constitutes an attractive nuisance
or hazard to the public.
N. Violations of codes, laws. Whenever any structure has been
constructed, exists, or is maintained in violation of any specific requirement
or prohibition applicable to such structure provided by the building regulations
of this City, as specified in the Oregon State Structural Specialty Code and
Fire and Life Safety Code or any law or ordinance of this State or City relating
to the condition, location, or structure or buildings.