Or. Admin. Code § 918-470-0050

Current through Register Vol. 63, No. 11, November 1, 2024

Section 918-470-0050 - Enforcement and Notice

When the division or authority having jurisdiction determines a building to be unsafe, it shall begin proceedings to require the repair, vacation or demolition of the building.

(1) A notice and order shall contain:

(a) The street address and a legal description sufficient to identify the property upon which the building is located;

(b) A statement:

(A) That the building has been found to be unsafe and a brief, concise description of the conditions found to cause the building to be unsafe;

(B) Of the required action if the Division or municipality determines the building or structure must be:

(i) Repaired, the order shall require all necessary permits be secured and the work physically commenced within the time specified (not to exceed 180 days from the date of the order), and completed within the time stated in the order;

(ii) Vacated, the order shall require the building or structure be vacated within a time certain from the date of the order; or

(iii) Demolished, the order shall require the building be vacated within the period set out in the order (not to exceed 60 days from the date of the order), that all necessary permits be secured and the demolition be completed within the time stated in the order;

(C) Advising if any required repair or demolition work is not commenced within the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed;

(D) Advising any person having a legal interest in the building may request a hearing to review the order as provided by OAR 918-470-0090 and failure to appeal may be a waiver of all rights to an administrative hearing; and

(E) That the structure may be subject to the provisions of ORS 358.505 et seq. relating to special assessment of historic property if listed as an historic structure on the National Register of Historic Properties.

(2) An order and notice to vacate may be in addition to any other remedial action ordered or required by the division.

(3) The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property. One copy shall be served on each of the following as disclosed from official public records:

(a) The holder of any mortgage or deed of trust or other lien or encumbrance of record;

(b) The owner or holder of any lease of record; and

(c) The holder of any other estate or legal interest of record in or to the building or the land on which it is located.

(4) Failure to serve any person required shall not invalidate any proceedings as to any other person duly served or relieve any person from any duty or obligation imposed by the provisions of these rules.

(5) If the building or structure is listed as an historic structure on the National Register, or is otherwise included in the categories listed in ORS 455.449, notice shall be served upon the Oregon State Historic Preservation Officer. If the building or structure is protected by an authority having jurisdiction pursuant to OAR 660-016-0000 et seq., notice shall be served upon the municipal agency charged with compliance in OAR 660-016-0000. Notice pursuant to this section shall be served concurrently to other notice made pursuant to section (3) of this rule.

(6) Service of the notice and order shall be made upon all persons either personally or by mailing a copy of the notice and order by certified mail, postage prepaid, return receipt requested, at the address appearing on the last equalized assessment roll of the county. If the address is unknown, a copy of the notice and order shall be mailed, addressed to the person, at the address of the building involved in the proceedings. Failure of any person to receive notice shall not affect the validity of any proceedings taken under this section. Service by certified mail shall be effective on the date of mailing.

(7) Proof of service of the notice and order shall be certified at the time of service by a written declaration, by the persons effecting service. The proof of service shall contain the time, date and manner service was made. The declaration, and any receipt card returned acknowledging receipt by certified mail shall be attached to the copy of the notice and order retained by the division or authority having jurisdiction.

Or. Admin. Code § 918-470-0050

BCD 9-1994, f. 3-30-94, cert. ef. 5-1-94; BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98

Stat. Auth.: ORS 455.020 & ORS 455.449

Stats. Implemented: ORS 455.449