HomeMy WebLinkAbout2763 Barrier Removal PlansORDINANCE NO. ,~7~.....~
AN ORDINANCE ADDING SECTION 15.04.105 TO THE ASHLAND
MUNICIPAL CODE RELATING TO BARRIER REMOVAL PLANS FOR
BUILDINGS AND ESTABLISHING LIENS FOR SUCH PLANS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following section is added as Section 15.04.105 to the Ashland
Municipal Code:
15.04.105 Barrier Removal Improvement Plans, Liens. A. The Building Official
may approve a Barrier Removal Improvement Plan authorized under ORS
447'.241 when
1. All requirements of that statute are met and approved by the building
official;
2. The approval by the building official is made in writing together with
the date of the approval; and
3. The value of the improvements required by the plan are entered into
the city lien docket as provided in section 15.04.105. B or adequate security is
deposited by the plan applicant as provided in section 15.04.105.C.
B. Unless adequate security is deposited as provided in section 15.04.105.C,
the value of the improvements required by the plan shall be chargeable as a
lien upon the property subject to the plan. The city recorder shall enter in the
city lien docket a statement of the value of the plan improvements together with
a description of the plan improvements, the name of the owners of the property
and the date of the approval of the plan by the building official. Upon such
entry in the lien docket, the amount so entered shall become a lien upon the
property.
1. The determination of value for the plan improvements shall be made
by the building official. Such determination shall include the value of all
construction work necessary to accomplish the plan, as well as all finish work,
painting roofing, electrical, plumbing, heating, air conditioning, elevators, fire
extinguishing systems and any other permanent equipment. The value shall
also include the cost of future inspections by the Building Official to determine if
the plan is being or has been met.
2. Upon completion of the plan improvements, the building official shall
certify to the city recorder that all improvements have been made. Upon such
certification, the city recorder shall remove the lien on the property from the lien
docket.
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3. Upon partial completion of the plan improvements, the building
official, when requested by the property owner or plan permittee, shall certify to
the city recorder that plan improvements have been partially made. The
certification shall state the value of improvements yet to be made and the city
recorder shall amend the lien docket to reflect such value.
4. If the plan is not completed according to its terms, the city may
proceed to foreclose the lien in the manner provided by the general law in the
State of Oregon for the collection of real property liens. No foreclosure suit
shall be filed, however, unless the property owner is first given 30-days written
notice specifying the nature of the incompletion and an opportunity for the
owner to complete the plan within such 30-day period.
C. The plan applicant may provide adequate security in a sum equal to the
value of the irr~provements required in the plan to secure performance of the
plan in lieu of the lien described in section 15.04.105.B. Adequate security
includes but is not limited to a surety bond furnished by a surety company
authorized to do business in Oregon or an irrevocable letter of credit from a
bank doing business in Oregon or such other security as the may be approved
by the director of finance.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the
1995, and duly PASSED and ADOPTED this
1995.
Barbara Christensen, City Recorder
day of ~
SIGNED and APPROVED this /~'~
day of *_--~/¢~ ,1995.
Catherine M. Golden, Mayor
Paul Nolte, City Attorney
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