AN ORDINANCE ADDING CHAPTER 9.08 BUILDING NUISANCES, OF TITLE 9, BUILDING, OF THE YAMHILL MUNICIPAL CODE; AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. There is hereby added to the Yamhill Municipal Code, Chapter 9.08 Building Nuisances, of Title 9, Building, as follows:

Sections:

9.08.010 Definitions
9.08.020 Nuisance
9.08.030 Initial Action
9.08.040 Abatement Procedure

9.08.010 Definitions. For the purposes of this chapter:

"Dangerous Building" shall include:

A.) A 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 is so situated or occupied as to endanger any other building or property, or human life.

B.) A structure containing combustible or explosive material, rubbish, rags, waste, oils, gasoline, or inflammable substance of any king, especially liable to cause fire or danger to the safety of such building, premises, or to human life.

C.) A 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 diseases.

D.) A structure in such weak or weakened condition, or dilapidated or deteriorated condition, as to endanger any person or property by reason of probability of partial or entire collapse.

"Person" shall include every natural person, firm, partnership, association, or corporation. (Ord. 357, §1, 1985)

9.08.020 Nuisance. Every building or part thereof which shall be found by the Council to be a dangerous building in hereby declared to be a public nuisance, and the same may be abated either summarily, or the procedure herein specified may be followed, or a suit for abatement thereof may be brought by the City. (Ord. 357, §2, 1985)

9.08.030 Initial Action. Whenever the City Police Chief, City Recorder, or City Building Inspector shall find, or be of the opinion that there is a dangerous building in the City, it shall be his/her duty to report the same to the Council. The report shall be made in writing and shall contain the following:

A.) A description of the real property on which such nuisance exists, by street address, or otherwise; and

B.) A description of the nuisance. (Ord. 357, §3, 1985)

9.08.040 Abatement Procedure.

A.) Abatement of a nuisance as described in this Chapter shall be handled and processed as set forth in Title 5, Sections 5.04.200 through 5.04.230.

B.) The procedural provisions of this Chapter are not exclusive, but are in addition to procedural provisions of other Chapters, Ordinances, and Rules and Regulations, and furthermore, the City Council may proceed summarily to abate a dangerous building which unmistakably exists and from which there is imminent danger of loss of human life or property. (Ord. 357, §4 and §5, 1985)

SECTION 2. This Ordinance hereby supersedes the Ordinance Number 357. Any other ordinances or parts of ordinances dealing with the establishment and enforcement of Building Nuisances, of the City of Yamhill, that are in conflict herewith, are hereby repealed.

SECTION 3. All remaining provisions of Yamhill Municipal Code, Title 9, Building, are hereby reaffirmed in their entirety.

SECTION 4. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage. The emergency being for the uniformity of reference (by city personnel, as well as any citizen and/or building program applicant); uniformity as to citations into the Municipal Court; and due to the fact that the Yamhill Municipal Code is already in use.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 8th day of April , 1998.