ORDINANCE No. 487

Residential Maintenance Code

           AN ORDINANCE ESTABLISHING A RESIDENTIAL MAINTENANCE CODE.

            The city of Junction City ordains as follows:

           Section 1.   [Name.]   This ordinance shall be known as the Junction City Residential Maintenance Code, may be cited as such, and will be referred to herein as "this code."

           Section 2. [Purpose.]   The purpose of this code is to provide minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of residential buildings.

           Section 3.   [Application, Alteration, and Relocation.]

           (a)   Application.   The provisions of this code shall apply to all buildings or portions thereof, used or designed or intended to be used, for human habitation. Such occupancies in existing buildings may be continued as provided in the State Building Code, except such structures as are found to be substandard as defined in this code.

           Where any building or portion thereof is used or intended to be used as a combination apartment house hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings.

           (b)   Alteration.   Existing buildings which are altered or enlarged shall be made to conform to this code insofar as the new work is concerned, and in accordance with the State Building Code.

           (c)   Relocation.   Existing buildings which are moved or relocated shall be considered as new buildings and shall comply with all the requirements of this code.
[§3 amended by Ordinance No. 762, passed April 10, 1979.]

           Section 4.   [Building Official.]

           (a)   Authority.   The building official is hereby authorized and directed to administer and enforce all of the provisions of this code.
[Sub§(a) amended by Ordinance No. 762, passed April 10, 1979; and Ordinance No. 780, passed October 9, 1979.]

           (b)   Right of entry.   Upon presentation of proper credentials, the building official or his duly authorized representatives may enter at reasonable times any building, structure or premises in the city to perform any duty imposed upon him by this code. Provided, however, in the event said entry is not voluntarily permitted by the owner or person occupying said building, structure, or premises, the building official must first obtain an order from a court of competent jurisdiction allowing such entry.
[Sub§(b) amended by Ordinance No. 762, passed April 10, 1979; and Ordinance No. 780, passed October 9, 1979.]

           Section 5.   [Abatement.]   All buildings or portions thereof which are determined to be substandard, 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.

           Section 6.   [Penalty.]   It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code.

           Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor; and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted; and, upon conviction of any such violation, such person shall be punishable by a fine of not more than $100.00, or by imprisonment for not more than 30 days, or by both such fine and imprisonment.

            Section 7.   [Permit.] No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure, or cause or permit the same to be done, without first obtaining a separate building permit for each such building or structure from the superintendent of public works in the manner and according to the applicable conditions prescribed in the State Building Code.
[§7 amended by Ordinance No. 762, passed April 10, 1979.]

           Section 8.   [Fees.]   Whenever a building permit is required by Section 7 of this code, the appropriate fees shall be paid to the superintendent of public works as set forth in the State Building Code.
[§8 amended by Ordinance No. 762, passed April 10, 1979.]

           Section 9.   [Definitions.]   For the purpose of this code, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this code. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. Terms, words, phrases, and their derivatives used but not specifically defined in this code shall have the meaning defined in the State Building Code.

           Apartment.   Apartment shall mean a dwelling unit as defined in this code.

           Apartment house.   Apartment house is any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other in dwelling units as defined in this code.

           Basement.   Basement is that portion of a building between floor and ceiling which is partly below and partly above grade (as defined in this code), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. (See definition of story.)

           Boarding house.   Boarding house is a lodging house in which meals are provided.

           Building.   Building shall mean any building or structure or portion thereof which is used, or designed or intended to be used, for human habitation, for living, sleeping, cooking or eating purposes, or any combination thereof.

           Building code.   The State Building Code is defined in ORS 456.750(8).

           Building, existing.   Existing building is a building erected prior to the adoption of this code, or one for which a legal building permit has been issued.

           Ceiling height.   Ceiling height shall be the clear vertical distance from the finished floor to the finished ceiling.

           Cellar.   Cellar is that portion of a building between floor and ceiling which is wholly or partly below grade (as defined in this code) and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. (See definition of story.)

           Court.   Court is an open, unoccupied space, bounded on two or more sides by the walls of the building. An inner court is a court entirely within the exterior walls of a building. All other courts are outer courts.

           Debris.   Debris shall include, but not be limited to, abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; any lumber randomly placed in a manner to create a fire or safety hazard to persons on or about the premises.
[Definition added by Ordinance No. 820, §1, passed October 13, 1981.]

           Dormitory.   Dormitory is a room occupied by more than two guests.

           Dwelling.   Dwelling is any building or any portion thereof which is not an apartment house, a lodging house, or a hotel as defined in this code, which contains one or two dwelling units or guest rooms, used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or which are occupied for living purposes.

           Dwelling unit.   A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

           Exit.   Exit is a continuous and unobstructed means of egress to a public way, and shall include intervening doorways, corridors, ramps, stairways, smokeproof enclosures, horizontal exits, exterior courts, and yards.

           Family.   An individual or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit.

           Grade (ground level).   Grade (ground level) is the average of the finished ground level at the center of all walls of a building. The above ground level shall be measured at the sidewalk.

           Guest.   Guest is any person hiring or occupying a room for living or sleeping purposes.

           Guest room.   Guest room is any room or rooms used or intended to be used by a guest for sleeping purposes. Every 100 square feet of superficial floor area in a dormitory is a guest room.

           Habitable room.   Habitable room shall mean any room meeting the requirements of this code for sleeping, living, cooking, or eating purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, and similar spaces.

           Hotel.   Hotel is any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests, whether rent is paid in money, goods, labor or otherwise. It does not include any jail, hospital, asylum, sanitarium, orphanage, prison, detention home, or other institution in which human beings are housed and detained under legal restraint.

           Interior lot.   Interior lot is a lot other than a corner lot.

           Junk.   Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junk; dismantled, wrecked, scrapped or ruined motor vehicles, or motor vehicle parts; iron, steel or other old or scrap ferrous or nonferrous material, metal or nonmetal materials.
[Definition added by Ordinance No.820, §1, passed October 13, 1981.]

           Kitchen.   Kitchen shall mean a room used or designed to be used for the preparation of food.

           Lodging house.   Lodging house is any building or portion thereof, containing not more than five guest rooms which are used by not more than five guests, where rent is paid in money, goods, labor or otherwise. A lodging house shall comply with all of the requirements of this code for dwellings.

           Nuisance.   The following shall be defined as nuisances:

           (a)   Any public nuisance known at common law or in equity jurisprudence.

           (b)   Any attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

           (c)   Whatever is dangerous to human life or is detrimental to health.

           (d)   Overcrowding a room with occupants.

           (e)   Insufficient ventilation or illumination.

           (f)   Inadequate or unsanitary sewerage or plumbing facilities.

           (g)   Uncleanliness.

           (h)   Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings.

           Occupied space.   The total area of all buildings or structures on any lot or parcel of ground projected on a horizontal plane, excluding permitted projections as allowed by this code.

           Service room.   Service room shall mean any room used for storage, bath or utility purposes, and not included in the definition of habitable rooms.

           Story.   That portion of a building included between the upper surface of any floor and the upper surface of any floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above basement, cellar or unused under-floor space is more than six feet above grade for more than 50 per cent of the total perimeter or is more than 12 feet above grade at any point, such basement, cellar or unused under-floor space shall be considered as a story. Above grade is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.

           Superficial floor area.   Superficial floor area shall mean the net floor area within the enclosing walls of the room in which the ceiling height is not less than five feet, excluding built-in equipment such as wardrobes, cabinets, kitchen units or fixtures.

           Used.   Used shall mean used or designed or intended to be used.

           Vent shaft.   Vent shaft is a court used only to ventilate or light a water closet, bath, toilet or utility room or other service room.

           Window.   Window shall mean a glazed opening, including glazed doors, which open upon a yard, court or recess from a court, or a vent shaft open and unobstructed to the sky.

           Yard.   Yard is an open, unoccupied space,other than a court, unobstructed from the ground to the sky, except where specifically provided by this code, on the lot on which a building is situated.
[§9 amended by Ordinance No. 762, passed April 10, 1979; Ordinance No. 780, passed October 9, 1979.]

           Section 10.   [Location.]   All buildings shall be located with respect to property lines and to other buildings on the same property as required by the State Building Code. Each dwelling unit and each guest room in a dwelling or a lodging house shall have access to a passageway, not less than three feet in width, leading to a public street or alley. Each apartment house or hotel shall have access to a public street by means of a passageway not less than five feet in width
[§10 amended by Ordinance No. 762, passed April 10, 1979.]

           Section 11.   Sanitation and Health.   All buildings shall meet the requirements of the State Building Code.
[§11 amended by Ordinance No. 762, passed April 10, 1979.]

           Section 12.  [General, Shelter, Protection of Materials]

           (a)   General.   Buildings or structures may be of any type of construction permitted by the State Building Code. Roofs, floors, walls, foundations and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected.

           All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the State Building Code. Buildings of every permitted type of construction shall comply with the applicable requirements of the State Building Code.

           (b)   Shelter.   Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness.

           (c)   Protection of materials.   All wood shall be protected against termite damage and decay, as provided in the State Building Code.
[§12 amended by Ordinance No. 762, passed April 10, 1979.]

           Section 13.   [Heating, Electrical, Ventilation.]

           (a)   Heating.   Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with the State Building Code and all other applicable laws. No unvented or open flame gas heater shall be permitted. All heating devices or appliances shall be of a type complying with applicable nationally recognized standards as determined by an approved testing agency.

           (b)   Electrical equipment.   All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.

           Where there is electrical power available within 300 feet of the premises of any building, such building shall be connected to such electrical power. Every habitable room shall contain at least two supplied electric convenience outlets or one such convenience outlet and one supplied electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room, and public hallway shall contain at least one supplied electric light fixture.

           (c)   Ventilation.   Ventilation for all rooms and areas shall be provided as required in the State Building Code.
[§13 amended by Ordinance No. 762, passed April 10, 1972.]

           Section 14.   [Exits.]   Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. All one-story buildings or portions thereof shall be provided with at least one exit. All buildings with two or more stories shall have two exits which shall be remote from each other.

           Section 15.   [Fire Resistance.]   All buildings or portions thereof shall be provided with the degree of fire-resistive construction, as required by the State Building Code for the appropriate occupancy, type of construction. and location on property or in fire zone.
[§15 amended by Ordinance No. 762, passed April 10, 1979.]

           Section 16.   Substandard Buildings.   Any building or portion thereof, including any dwelling unit, guest room, or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:

           (a)   Inadequate sanitation, which shall include but not be limited to the following:

           (1)   Lack of, or improper water closet, lavatory, bath tub, or shower in a dwelling unit.

           (2)   Lack of, or improper water closets, lavatories, and bath tubs or showers per number of guests in a hotel.

           (3)   Lack of, or improper kitchen sink.

           (4)   Lack of hot and cold running water to plumbing fixtures in a hotel.

           (5)   Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

           (6)   Lack of adequate heating facilities.

           (7)   Lack, or improper operation of required ventilating equipment.

           (8)   Lack of minimum amounts of natural light and ventilation required by this code.

           (9)   Room and space dimensions less than required by this code.

           (10)   Lack of required electrical lighting.

           (11)   Dampness of habitable rooms.

           (12)   Infestation of insects, vermin, or rodents.

           (13)   General dilapidation or improper maintenance.

           (14)   Lack of connection to required sewage disposal system.

           (15)   Lack of adequate garbage and rubbish storage and removal facilities.

           (b)   Structural hazards, which shall include but not be limited to the following:

           (1)   Deteriorated or inadequate foundations.

           (2)   Defective or deteriorated flooring or floor supports.

           (3)   Flooring or floor supports of insufficient size to carry imposed loads with safety.

           (4)   Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

           (5)   Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.

           (6)   Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.

           (7)   Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

           (8)   Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.

           (9)   Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

           (c)   Nuisance.   Any nuisance as defined in this code.

           (d)   Hazardous wiring.   All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner.

           (e)   Hazardous plumbing.   All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections and siphonage between fixtures.

           (f)   Hazardous mechanical equipment.   All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.

           (g)   Faulty weather protection, which shall include but not be limited to the following:

           (1)   Deteriorated, crumbling, or loose plaster.  

           (2)   Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.

           (3)   Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

           (4)   Broken, rotted, split, or buckled exterior wall coverings or roof coverings.

           (h)   Fire hazard.   Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

           (i)   Faulty materials of construction.   All materials of construction except those which are specifically allowed or approved by this code and the [State Building Code].

           (j)   Hazardous or unsanitary premises.   Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health or safety hazards.

           (k)   Inadequate maintenance.

           (1)   General.   All buildings or structures which are structurally unsafe or not provided with adequate egress or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, as specified in this code or any other effective ordinance, are, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in [Subparts] (2),(3),(4) and (5) of this [subsection].

           (2)   Notice to owner.   The building official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged; and, if such is found to be an unsafe building as defined in this section, the building official shall give to the owner of such building or structure written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises, within 48 hours, to commence either the required repairs or improvements, or demolition and removal of the building or structure or portions thereof; and all such work shall be completed within 90 days from date of notice, unless otherwise stipulated by the building official. If necessary, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the building official.

           Proper service of such notice shall be by personal service upon the owner of record, if he shall be found within the city limits. If he is not found within the city limits, such service may be made upon said owner by registered mail; provided, that if such notice is by registered mail, the designated period within which said owner or person in charge is required to comply with the order of the building official shall begin as of the date he receives such notice.

           (3)   Posting of signs.   The building official shall cause to be posted at each entrance to such building a notice to read: "DO NOT ENTER. UNSAFE TO OCCUPY. City of Junction City." Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the building official, and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.

           (4)   Right to demolish.   In case the owner shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate, or to demolish and remove said building or structure or portion thereof, the city council may order the owner of the building prosecuted as a violator of the provisions of this code and may order the building official to proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to the city council, who shall cause the same to be paid and levied as a special assessment against the property.

           (5)   Costs.   Costs incurred under [Subpart] (4) shall be paid out of the city treasury. Such costs shall be charged to the owner of the premises involved as a special assessment on the land on which the building or structure is located and shall be collected in the manner provided for special assessments.

           (6)   Inadequate fire protection or fire fighting equipment.   All buildings or portions thereof which are not provided with the fire-resistive construction or fire extinguishing systems or equipment required by this code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire resistive integrity and fire extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

           (m)   Improper occupancy.   All buildings or portions thereof occupied for living, sleeping, cooking or eating purposes which were not designed or intended to be used for such occupancies.
[§16 amended by Ordinance No. 762, passed April 10, 1979; and Ordinance No. 780, passed October 9, 1979.]

           Section 17.   [Vacations.]

           (a)   General.   Whenever the building official determines by inspection that any existing building or portion thereof is substandard, he shall order the building or portion thereof vacated and shall institute proceedings to effect the repair or rehabilitation of the building or portion thereof. If such repair or rehabilitation is impractical, he shall then order such building or portion thereof removed or demolished. The owner or other person affected shall then have the right to appeal to the Junction City council for investigation and review of the building official.

           (b)   Notice to owner.   The building official shall give notice to the owner or other responsible person, in accordance with the procedure specified in Section 16(k) of this code.

           (c)   Procedure.   Any building or portion thereof found to be substandard, as defined in Section 16 of this code, shall be repaired, rehabilitated, demolished or removed in accordance with the procedure specified in Section 16 of this code.
[§17 amended by Ordinance No. 762, passed April 10, 1979; and Ordinance No. 780, passed October 9, 1979.]

           Section 18.   Emergency Clause.   Inasmuch as this ordinance is necessary for the immediate preservation of the public health, peace and safety of the city of Junction City, and in order to provide as speedily as possible a residential maintenance code for the city of Junction City, an emergency is hereby declared to exist; and this ordinance shall be in full force and effect immediately upon its passage and approval by the mayor.

           Passed by the council and approved by the mayor November 9, 1965.

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