§ 135.001 Title

This chapter shall be known as “Property Maintenance Regulations” and is referred to herein as “this chapter.”

(Ord. 2081, passed 4-12-04)

§ 135.002 Purpose

The purpose of this chapter is to protect the health, safety and welfare of citizens, to prevent deterioration of existing housing, and to contribute to vital neighborhoods by:

(A) Establishing and enforcing minimum standards for residential structures regarding basic equipment, facilities, sanitation, fire safety, and maintenance.

(B) Establishing and enforcing minimum standards of maintenance for outdoor areas and adjacent rights of way.

(C) Regulating and abating dangerous and derelict buildings.

(Ord. 2081, passed 4-12-04)

§ 135.003 Scope

The provisions of this chapter shall apply to all property in the city except as otherwise excluded by law.

(Ord. 2081, passed 4-12-04)

§ 135.004 Application of Building Codes and Ordinances

Any alterations to buildings, or changes of their use, which may be a result of the enforcement of this chapter shall be done in accordance with applicable state building codes and the city codes and ordinances.

(Ord. 2081, passed 4-12-04)

§ 135.005 Definitions

For the purpose of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this section. 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. “And” indicates that all connected items or provisions apply. “Or” indicates that the connected items or provisions may apply singly or in combination. Terms, words, phrases and their derivatives used, but not specifically defined in this chapter, either shall have the meanings defined in the city building codes, or if not defined, shall have their commonly accepted meanings. The definitions of words with specific meaning in this chapter are as follows:

• Abatement of a Nuisance. The act of removing, repairing, or taking other steps as may be necessary in order to remove a nuisance.
• Accessory Structure. Any structure not intended for human occupancy which is located on residential property. Accessory structures may be attached to or detached from the residential structure. Examples of accessory structures include: garages, carports, sheds, and other non-dwelling buildings; decks, awnings, heat pumps, fences, trellises, flag poles, tanks, towers, exterior stairs and walkways, and other exterior structures on the property.
• Adjacent Right-of-Way. The sidewalks and planting strips that border a specific property as well as the near half of the streets, alleys, or other public rights of way that border a specific property.
• Apartment House. See “Dwelling Classifications.”
• Approved. Meets the standards set forth by applicable Hermiston City Code including any applicable regulations for electric, plumbing, building, or other sets of standards included by reference in this chapter.
• Basement. The usable portion of a building which is below the main entrance story and is partly or completely below grade.
• Boarded. Secured against entry by apparatus which is visible off the premises and is not both lawful and customary to install on occupied structures.
• Building. Any structure used or intended to be used for supporting or sheltering any use or occupancy.
• Building, Existing. Existing building is a building erected prior to the adoption of this chapter, or one for which a legal permit has been issued.
• Building Regulations. City building codes, or any other safety or health statute, ordinance, regulation, rule standard, or order the City Manager or Building Official is authorized to enforce.
• Ceiling Height The clear distance between the floor and the ceiling directly above it.
• City Manager. City Manager or his/her designee, charged with the enforcement and administration of this chapter.
• Court. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
• Dangerous Building. See “Dangerous Structure.”
• Dangerous Structure. Any structure which has any of the conditions or defects described in § 135.052, to the extent that life, health, property, or safety of the public or its occupants are endangered.
• Demolition Warrant. An order from a court of competent jurisdiction authorizing the demolition of a dangerous structure as authorized by this chapter, including disposal of all debris in an approved manner, and returning the lot to a clean and level condition.
• Derelict Building. Any structure which has any of the conditions or defects described in § 135.051(A).
• Disabled Vehicle. Any vehicle which is or appears to be inoperative, wrecked or dismantled, or partially dismantled.
• Duplex. See “Dwelling Classifications, two-family dwelling.”
• Dwelling. Any structure containing dwelling units, including all dwelling classifications covered by the chapter.
• Dwelling Classifications. Types of dwellings covered by this chapter include:

(1) Single-Family Dwelling. A structure containing one dwelling unit.

(2) Two-Family Dwelling. A structure containing two dwelling units, also known as a “duplex.”

(3) Apartment House. Any building or portion of a building containing three or more dwelling units, which is designed, built, rented, leased, let, or hired out to be occupied for residential living purposes.

(4) Hotel. Any structure containing six or more dwelling units that are intended, designed, or used for renting or hiring out for sleeping purposes by residents on a daily, weekly, or monthly basis.

(5) Motel. For purposes of this chapter, a motel shall be defined the same as a hotel.

(6) Single-Room Occupancy Housing Unit. A one-room dwelling unit in a hotel providing sleeping, cooking, and living facilities for one or two persons in which some or all sanitary or cooking facilities (toilet, lavatory, bathtub or shower, kitchen sink, or cooking equipment) may be shared with other dwelling units.

(7) Manufactured Dwelling. The term “manufactured dwelling” includes the following types of single-family dwellings:

(a) Residential Trailer. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed before January 1, 1962.

(b) Mobile Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed between January 1, 1962 and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

(c) Manufactured Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations.

(d) Manufactured dwelling does not include any unit identified as a recreational vehicle by the manufacturer.

(8) Floating Home. A floating structure used primarily as a dwelling unit. Application of this chapter shall be modified for floating homes, when appropriate, by nautical application.

• Dwelling Unit. One of more habitable rooms that are occupied by, or designed or intended to be occupied by, one person or by a family or group of housemates living together as a single housekeeping unit that includes facilities for living and sleeping and also includes facilities for cooking, eating, and sanitation.
• Exit (Means of Egress). A continuous, unobstructed means of escape to a public way, including intervening doors, doorways, exit balconies, ramps, stairways, smoke-proof enclosures, horizontal exits, passageways, exterior courts and yards.
• Exterior Property Area. The sections of residential property which are outside the exterior walls and roof of the dwelling.
• Extermination. The elimination of insects, rodents, vermin or other pests at or about the affected building.
• Fee-Paid Inspection. Any requested inspection which is not a part of the city’s code enforcement program including but not limited to inspections done prior to moving houses, for establishing tax exempt status, for housing and urban development properties.
• Floor Area. The area of clear floor space in a room exclusive of fixed or built-in cabinets or appliances.
• Habitable Room (Space). Habitable room or space is a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.
• Hotel. See “Dwelling Classifications.”
• Immediate Danger. Any condition posing a direct immediate threat to human life, health, or safety.
• Infestation. The presence within or around a dwelling of insects, rodents, vermin or other pests to a degree that is harmful to the dwelling or its occupants.
• Inspection. The examination of a property by the City Manager whose primary function is the inspection of properties and the enforcement of this chapter.
• Inspection Warrant. An order from a court of competent jurisdiction authorizing a safety or health inspection or investigation to be conducted at a designated property.
• Inspector. An authorized representative of the City Manager whose primary function is the inspection of properties and the enforcement of this chapter.
• Interested Party. Any person or entity that possesses any legal or equitable interest of record in a property including but not limited to the holder of any lien or encumbrance of record on the property.
• Kitchen. A room used or designed to be used for the preparation of food.
• Lavatory. A fixed wash basin connected to hot and cold running water and the building drain and used primarily for personal hygiene.
• Lawn Area. Any area of a property where lawn grasses are used as ground cover, or any area of a property where the ground covering vegetation does not permit passage to substantial portions of the property without walking directly on the vegetation.
• Lawn Grass. Varieties of grass that were planted, or are commonly sold, for the purpose of maintaining a mowed lawn.
• Maintained Compost Area.A small portion of a property set aside for the purpose of encouraging the rapid decomposition of yard debris and other vegetable matter into a suitable fertilizer for the soil on the property. A maintained compost area shows clear indicators that the yard debris placed there is being actively managed to encourage its rapid decomposition. Possible signs of such active management may include evidence of regular turning, a mixture of yard debris types, any woody material present having been chopped into small sizes, and the presence of internal heat in the composting mixture. A location where yard debris is placed primarily as a means to store it or dump it without reasonable expectation of rapid decomposition is not a maintained compost area.
• Maintenance. The work of keeping property in proper condition to perpetuate its use.
• Manufactured Dwelling. See “Dwelling Classifications.”
• Mote. See “Dwelling Classifications.”
• Naturescape. Landscaping and gardening approaches that use predominately native plants for the purpose of creating improved outdoor habitat for native insects, birds, and mammals and reducing the need for pesticides, chemical fertilizers, and summer watering.
• Nuisance Abatement Warrant. An order from a court of competent jurisdiction authorizing the removal and abatement of any nuisance as authorized by this chapter, including disposal of the nuisance items removed in an appropriate manner.
• Occupancy. The lawful purpose for which a building or part of a building is used or intended to be used.
• Occupant. Any person (including an owner or operator) using a building, or any part of a building, for its lawful, intended use.
• Occupied. Used for an occupancy.
• Operator. Any person who has charge, care or control of a building or part of a building in which dwelling units are let or offered for occupancy.
• Outdoor Area. All parts of property that are exposed to the weather including the exterior of structures built for human occupancy. This includes, but is not limited to, vehicles parked on the property; open and accessible porches, carports, garages, and decks; accessory structures, and any outdoor storage structure.
• Owner. The person whose name and address is listed as the owner of the property by the County Tax Assessor on the county assessment and taxation records.
• Plumbing or Plumbing Fixtures. Plumbing or plumbing fixtures mean any water heating facilities, water pipes, vent pipes, garbage or disposal units, waste lavatories, bathtubs, shower baths, installed clothes-washing machines or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with all connection to water, gas, sewer, or vent lines.
• Property Any real property and all improvements, buildings or structures on real property, from property line to property line.
• Public Right-of-Way. Any sidewalk, planting strip, alley, street, or pathway, improved or unimproved, that is dedicated to public use.
• Resident. Any person (including owner or operator) hiring or occupying a room or dwelling unit for living or sleeping purposes.
• Residential Property. Real property and all improvements or structures on real property used or intended to be used for residential purposes including any residential structure, dwelling, or dwelling unit as defined in this chapter and any mixed-use structures which have one or more dwelling units. Hotels that are used exclusively for transient occupancy, as defined in this chapter, are excluded from this definition of residential property.
• Residential Rental Property. Any property within the city on which exist one or more dwelling units which are not occupied as the principal residence of the owner.
• Residential Structure. Any building or other improvement or structure containing one or more dwelling units as well as any accessory structure. This includes any dwelling as defined in this chapter.
• Shall. As used in this chapter, is mandatory.
• Single-Family Dwelling. See “Dwelling Classifications.”
• Single-Family Occupancy Housing Unit. See “Dwelling Classifications.”
• Sink. A fixed basin connected to hot and cold running water and a drainage system and primarily used for the preparation of food and the washing of cooking and eating utensils.
• Sleeping Room. Any room designed, built, or intended to be used as a bedroom as well as any other room used for sleeping purposes.
• Repair. The reconstruction or renewal of any part of an existing structure for the purpose of its maintenance.
• Smoke Detector. An approved detector which senses visible or invisible particles of combustion and which plainly identifies the testing agency that inspected or approved the device.
• Stagnant Water. Any impoundment of water in which there is no appreciable flow of water through the impoundment and the level of water does not vary during any 48 hour period.
• Structure. That which is built or constructed, an edifice or building of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner.
• Substandard. In violation of any of the minimum requirements as set out in this chapter.
• Summary Abatement. Abatement of a nuisance by the city, or by a contractor hired by the city, without obligation to give prior notice of the abatement action to the owner or occupant of the property.
• Supplied. Installed, furnished or provided by the owner or operator.
• Swimming Pool. An artificial basin, chamber, or tank constructed of impervious material, having a depth of 18 inches or more, and used or intended to be used for swimming, diving, or recreational bathing.
• Toilet. A flushable plumbing fixture connected to running water and a drainage system and used for the disposal of human waste.
• Toilet Compartment. A room containing only a toilet or only a toilet and lavatory.
• Transient Occupancy. Occupancy of a dwelling unit in a hotel where the following conditions are met:

(1) Occupancy is charged on a daily basis and is not collected more than six days in advance.

(2) The lodging operator provides maid and linen service daily or every two days as part of the regularly charged cost of occupancy.

(3) The period of occupancy does not exceed 30 days; and

(4) If the occupancy exceeds five days, the resident has a business address or a residence other than at the hotel.

• Two-Family Dwelling. See “Dwelling Classifications.”
• Unoccupied. Not used for occupancy.
• Unsecured. Any structure in which doors, windows, or apertures are open or broken so as to allow access by unauthorized persons.
• Vehicle. Any device in, on, upon, or by which any person or property is or may be transported or drawn upon a public highway, except a device moved by human power or used exclusively upon stationary rails or tracks, including but not limited to a body, an engine, a transmission, a frame, or other major part.
• Yard. An open, unoccupied space, other than a court, unobstructed from the ground to the sky, and located between a structure and the property line of the lot on which the structure is situated.

(Ord. 2081, passed 4-12-04)