Ordinances

           AN ORDINANCE FOR THE PREVENTION OF DANGEROUS BUILDINGS AND STRUCTURES; DEFINING THE SAME; PROVIDING FOR PUNISHMENT FOR MAINTAINING THE SAME; PROVIDING FOR THE ABATEMENT AND REMOVAL THEREOF AND THE CHARGING OF THE COST OF SUCH REMOVAL OR ABATEMENT AGAINST THE PROPERTY; AND DECLARING AN EMERGENCY.

           The city of Junction City does ordain as follows:

           Section 1.   For the purpose of this ordinance, the term "dangerous building" shall mean and include any building or other structure which, for the want of proper repairs or by reason of age and dilapidated condition, or by reason of poorly installed electrical wiring or equipment, defective chimney, defective gas connection, defective heating apparatus, or for any other cause or reason, is especially liable to fire; and which building or structure is so situated or occupied as to endanger any other building or property or human life. Said term shall also mean and include any building or structure containing any combustible or explosive material, rubbish, rags, waste, oils, gasoline, or inflammable substance of any kind especially liable to cause fire or danger to the safety of such building, premises, or to human life. Said term shall also mean and include any building or structure which shall be kept or maintained or shall be in a filthy or unsanitary condition especially liable to cause the spread of contagious or infectious disease or diseases. Said term shall also mean and include any building or structure in such weak or weakened condition or dilapidated W deteriorated condition as to endanger any person or property by reason of probability of partial or entire collapse thereof.

           Section 2.   The term "person" as used in this ordinance, shall mean and include any person or persons, firm or firms, corporation or corporations.

           Section 3.   Any person who shall be the owner of, or shall be in possession of, or in responsible charge of any dangerous building within the city of Junction City, and who shall knowingly suffer or permit any such building to be or remain dangerous for as long as 10 days after receipt of notice, as herein provided, shall be guilty of a violation of this ordinance and shall, upon conviction thereof in the municipal court, be fined not to exceed $100.00, or imprisoned not to exceed 50 days, or both fined and imprisoned, in the judgment of the court.
[Section 3 as amended by Ordinance No. 373, passed September 8, 1959.]

           Section 4.   Whenever the mayor, building official, chief of police, city attorney, street commissioner, fire chief, or any councilman shall find or be of the opinion that there is a dangerous building in the city of Junction City, it shall be the duty of such person to report the same to the council.
[Paragraph as amended by Ordinance No. 374, passed September 8, 1959; Ordinance No. 776, passed September 11, 1979; and Ordinance No. 781, Section 2, passed October 9, 1979.0

           Thereupon the common council shall, within a reasonable time, fix a time and place for a public hearing thereon.

           Notice shall be mailed to the owner of record of the premises whereon said building is located by the city recorder, notifying said owner in general terms that a hearing will be held concerning said property, and the time and place thereof. At said time and place, or at such other time or times, or place or places, as the council may adjourn to, said hearing shall be held; and the council shall determine by resolution whether or not said building is dangerous.

           The council may, as a part of said hearing, inspect said building; and the facts observed by said council at such inspection may be considered by it in determining whether or not said building is dangerous.

           At said hearing the owner or other person interested in said property or building shall have the right to be heard if such owner or person requests same.

           Ten days' notice of such hearing shall be given by publication in some newspaper published in the city of Junction City, or by posting notices thereof in three public places in said city; and if the last mentioned notice be published or given as herein required, no irregularity or failure to mail notices shall invalidate the proceedings.

           At such hearing the council shall have the power to order any building declared to be dangerous, removed, and abated if, in its judgment, such removal or abatement is necessary in order to have the power to order said building made safe, and to prescribe what acts or things must be done to render the same safe. Five days' notice of said findings and of any orders made by the council shall be given to the owner of said building, his agent, or other person controlling the same; and if said orders be not obeyed and said building rendered safe within the time in said order specified, being not less than five days, then the council shall have the power and duty to order said building removed or made safe at the expense of the property on which the same may be situated.

           In that event, the council must specify with convenient certainty the work to be done and shall file a statement thereof with the recorder, and shall advertise for bids for the doing of said work in the manner provided for advertising for bids for street improvement work; and thereafter said bids shall be received, opened, and contract let; the council shall ascertain and determine the probable cost of said work and assess the same against the property upon which said building is situated; said assessment shall be declared by an ordinance, and it shall be entered in the docket of city liens and shall thereupon be and become a lien against said property; and the creation of said lien and the collection and enforcement of said costs shall all be done and performed in substantially the same manner as in the case of street improvements; but irregularities or informalities in the procedure shall be disregarded.

           Section 5.   Every building or part thereof which shall be hereafter found by the common council to be a dangerous building is hereby declared to be a public nuisance; and the same may be abated either summarily, or the procedure hereinabove specified may be followed, or a suit for abatement thereof may be brought by the city of Junction City in the circuit court of Lane County, Oregon.

           Section 6.   It is the intention of the council that each separate provision of this ordinance shall be deemed independent, to the end that, if any portion thereof shall be declared invalid, the remaining portions thereof shall, nevertheless, remain valid and enforceable.

           Section 7.   Whereas, there are dangerous buildings in the city of Junction City and great damage is likely to occur therefrom, it is the opinion of the common council that an emergency exists, and that it is necessary for the immediate preservation of the peace, health, and safety of said city that this ordinance go into full force and effect immediately.

           Section 8.   Therefore, an emergency is hereby declared to exist; and this ordinance shall be in full force and effect from and after its passage and approval by the mayor.

           Passed by the council and approved by the mayor April 1, 1935.