(1) The City Administrator may determine if a building or structure is a derelict building or structure as defined under MMC 8.15.040. The City Administrator may consult with the Building Official, Fire Marshal, Public Health Officer, Police Chief, and/or other qualified authority when making this determination.

(2) The City Administrator shall notify the owner and person in charge of property of any derelict building or structure determination. Such notice must include (a) the circumstances leading to the determination, and (b) the process for enforcement and abatement. Notification shall be made in accordance with MMC 8.15.110(4) and shall provide a reasonable period for the owner and/or person in charge of property to correct the circumstances leading to the City Administrator’s determination that the structure is derelict.

(3) If the owner and/or person in charge of property do not timely correct the circumstances leading to the City Administrator’s determination, the City Administrator shall set a hearing on the matter. Notice of the public hearing shall be given in the manner provided under MMC 8.15.110(4); provided, however, notice of the hearing may also be posted on or near the derelict building or structure. Public hearings will be conducted before the City Council except that the City Council may refer any such public hearing to the Hearings Officer.

(4) At the hearing, the City Administrator will present whatever information, evidence, or testimony is relevant in support of the City Administrator’s determination. The owner and/or person in charge of property will similarly be afforded an opportunity to present evidence and rebut the City Administrator’s determination. Any information, opinion, testimony, or evidence may be received which the City Council or Hearings Officer deems material, relevant, and probative of the matters in issue. At the conclusion of the public hearing, the City Council or Hearings Officer will determine if the subject building or structure is a derelict building or structure as defined under MMC 8.15.040. The owner and/or person in charge of property may be self-represented or be represented by legal counsel; provided, that such legal counsel is admitted to the practice of law in the State of Oregon.

(5) If the City Council or Hearings Officer finds that the subject building or structure is a derelict building or structure and, therefore, a nuisance under this chapter, the City Council or Hearings Officer shall adopt an order declaring the building or structure to be derelict and a violation of this chapter. The order shall include (a) findings supporting the declaration, and (b) an order requiring that the conditions creating the derelict building or structure be abated. The order may further require that the property be vacated until such abatement is complete. If the City Council or Hearings Officer finds the subject building or structure is not a derelict building or structure, the matter will be dismissed.

(6) If abatement of the derelict building or structure is not commenced and completed within the time frames set forth in the order, the City may perform any necessary or appropriate abatement and, in addition to all other City rights and remedies, the cost thereof assessed as a lien against the property upon which the derelict building or structure is located. The City’s abatement may include, without limitation, demolition of the derelict building or structure, removal of property, and/or site cleanup. The cost of abatement and a twenty-five percent (25%) charge for administrative overhead will be assessed.

(7) Notwithstanding any other provisions of this chapter to the contrary, whenever, as determined by the City Administrator, a building or structure poses an imminent hazard, the City Administrator may order and/or cause to be performed any necessary or appropriate work (including, without limitation, any necessary or appropriate abatement) to render such building or structure temporarily safe and secure whether or not proceedings to abate the hazard have been instituted, including, without limitation, fencing the property or boarding of openings. In addition to the temporary safeguards described in the immediately preceding sentence, the owner or person in charge of property will cause such other actions to be taken that the City Administrator deems necessary or appropriate to render the building or structure temporarily safe and secure.

(8) In addition to any other rights, remedies, and abatement procedures provided under this chapter, the City Administrator may cause a placard to be posted on any derelict building or structure and order that the derelict building or structure be vacated in accordance with MMC 8.15.110(5). In addition to any other rights and remedies provided under this chapter, a building or structure found to be derelict and a nuisance under this chapter is subject to the enforcement provisions of MMC 8.15.110 and the abatement provisions of MMC 8.15.120. However, the City Council or Hearings Officer, in its order, may waive any or all of the provisions of MMC 8.15.110 and/or MMC 8.15.120 as deemed necessary or appropriate. [Ord. 979 § 2 (Exh. A), 2023; Ord. 875 Exh. A § 10, 2015.]