HomeMy WebLinkAbout2938 Conversion of Rental Units
ORDINANCE NO. 'J-C\'b'6
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
CHAPTER 15.04, REGARDING CONVERSION OF EXISTING
MULTI-FAMILY RENTAL UNITS INTO FOR-PURCHASE HOUSING IN
MULTIFAMILY DISTRICTS
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as
affording all legislative powers home rule constitutional provisions reserved to
Oregon Cities. City of Beaverton v. International Ass'n of FirefiQhters. local
1660. Beaverton Shop 20 Or. App. 293,531 P 2d 730, 734 (1975) and
WHEREAS, Chapter 15 of the City of Ashland Municipal Code contains local
building department regulatory control over the conversion of multi-family
residential units to condominiums, such measures being first established in 1979;
and
WHEREAS, the City Council of the City of Ashland has determined that in order
to protect the health, safety and welfare of existing and future residents of such
units, it is necessary to further clarify such regulatory control over condominium
conversion and to provide for additional regulatory measures not inconsistent
with state law.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1: Section 15.04.115, Condominiums, is hereby amended to read as
follows:
SECTION 15.04.115 Conversion to For-Purchase Housing
Structures being converted from multiple-family rental unit use to for-purchase
housing in multi-family zones shall conform to Oregon Structural Specialty Code
Chapter 34 Existing Structures, Sections 3404, 3405, and 3406, including but not
limited to, structural, mechanical, plumbing, and fire/life safety, in effect at the
time of conversion, and a building permit shall be obtained for such conversion.
Specifically, it shall be unlawful for the owner or his agent of multi-family
residential units to convert said units and common areas to condominium
ownership without prior approval of the building official. Review of components
identified in Oregon Structural Specialty Code Chapter 34 Existing Structures
shall precede such approval. Owner shall notify tenants that the City Building
Division may be performing inspections of units and request entry for such
purpose. After completion of the review, a report of items to be brought into
compliance, if any will be provided to the owner or his agent by the Ashland
Building Official. Any and all corrective measures and related construction
permits with approved final inspections shall be completed prior to sale of units
identified in the report. Physical improvement or rehabilitation of units and
common areas are subject to the limitations of ORS 100.315. The fee schedule
for the conversion review shall be established by resolution of the city council.
SECTION 2 Severability. If any section, provision, clause, sentence, or
paragraph of this Ordinance or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not affect the other
sections, provisions, clauses, or paragraphs of this Ordinance which can be
given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 3. Savings Clause. Notwithstanding this amendment/repeal, the City
ordinances in existence at the time any criminal or civil enforcement or other
actions were commenced, shall remain valid and in full force and effect for
purposes of all cases filed or actions commenced during the times said
ordinance(s) or portions thereof were operative.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in
the City Code and the word "ordinance" may be changed to "code", "article",
"section", or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, provided however that any Whereas clauses and
boilerplate provisions (i.e. Sections ) need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the n day of ;;z::; \ ,2007,
and uly PASSED nd ADOPTED this / day of ,2007.
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SIGNED and APPROVED this 2.....- day of
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