455.449 Unsafe condition resulting from earthquake damage; abatement of nuisance; rules

343 words·~2 min read·/or/ors-chapter-455/455-449

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

455.449 Unsafe condition resulting from earthquake damage; abatement of nuisance; rules.

(1)All buildings or portions thereof which are determined after inspection by a building inspector or a representative of the Department of Consumer and Business Services to be in unsafe condition as a result of earthquake damage may be declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified by rules adopted by the agency.

(2)Any building declared to be in unsafe condition under subsection

(1)of this section shall be made to comply with one of the following:

(a)The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair;

(b)The building shall be demolished if the owner of the building consents; or

(c)The building may be vacated, secured and maintained against entry if the building does not constitute an immediate danger to the life, limb, property or safety of the public.

(3)If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, the Department of Consumer and Business Services or representative of the department shall order it to be vacated.

(4)If the structure, in whole or in part, is listed on or is eligible for listing on the National Register of Historic Places, established and maintained under the National Historic Preservation Act of 1966 (P.L. 89-665), or if the National Register of Historic Places ceases accepting nominations, is approved for listing on an Oregon register of historic places, or is a locally designated landmark protected by ordinance against demolition without due process, alternative compliance with the provisions of subsection (2)(a) and

(c)of this section shall be allowed if the repaired or rehabilitated building is no more hazardous than it would be if repaired or rehabilitated in accordance with (2)(a) of this section. [Formerly 401.539]

Note: See note under 455.448.

(Prohibited Acts)