§ 244.1920. Substandard dwelling.  


Latest version.
  • A rental dwelling structure shall be considered substandard if:

    (1)

    At least one dwelling unit within the structure scores twenty-five (25) or more points; or

    (2)

    The entire structure scores more than the points shown below based on the number of units within the structure:

    Number of
    Units
    Total
    Points
    1 25
    2 30
    3 35
    4 40
    5 or more 10 points
    per unit

     

    (3)

    Any major housing maintenance or fire code violation within the dwelling remains uncorrected. Any single violation scoring six (6) or more points is considered a major violation.

    For purposes of the point calculation in this section, any combination of four (4) rooming units or shared bath units shall constitute one (1) dwelling unit. Points for a violation in a common area of the structure outside a dwelling unit will not be cumulative on a unit by unit basis. However, twenty-five (25) or more points in the common areas of a structure, including, but not limited to, the entryways, corridors, community rooms, exterior walls and roof, will constitute a substandard structure.

    The director of regulatory services or the director's designee shall cause to be prepared and shall keep on file for public inspection an accurate, complete, and detailed description and schedule of each violation used in the point calculation procedure set forth herein, along with the assigned point value for each such violation. The director shall publish, maintain and make available to the public via all readily available means, including posting to the city's designated Internet site, the description and schedule of all such violations and their assigned point values. Such description and schedule shall be titled the substandard rental dwelling violation schedule. The substandard rental dwelling violation schedule shall be subject to adjustment as deemed necessary and appropriate by the director or the director's designee and any amendments shall be published and made available to the public at least thirty (30) days prior to their effective date. The inspecting code official shall assign points according to the severity of each code violation on a scale from one (1) up to the maximum ten (10) points possible for such violation. Except when otherwise provided by state law, conditions in the design or structure of a building, such as, but not limited to, the size and dimension of rooms and windows and the electrical and plumbing systems, that were legal under existing codes when built shall not be violations as long as they are maintained in good repair. A violation shall receive maximum points when a required item is completely absent, completely fails to perform its function, or is imminently hazardous to the health or safety of the occupants.

    For any dwelling declared substandard pursuant to this section, the owner or other natural person as defined in section 244.1840(3) shall provide proof of attendance and successful completion of a recognized healthy housing workshop or course approved by the director of regulatory services within three (3) months of the date of declaration. Failure to comply with this requirement shall constitute good cause pursuant to section 244.1910 to deny, refuse to renew, revoke, or suspend a rental dwelling license or provisional license and shall otherwise be subject to enforcement through any other available means provided by this Code. (90-Or-235, § 6, 9-14-90; 91-Or-134, § 4, 7-12-91; 2012-Or-059, § 2, 8-17-12)