BeavertonOregon.gov/CodeServices
Vacant Buildings that are Allowed to Become a Nuisance
Who Cares if a Building is Vacant?
Beaverton has recently adopted a "Vacant Building" ordinance. One of the purposes of this ordinance is to reduce the possible spread of "Urban Blight". Urban Blight is a condition whereby the deterioration of one property tends to reduce the value of neighboring properties. Vacant and abandoned buildings can increase the cycle of deterioration.
Charles Jennings described the effect of abandoned properties in residential neighborhoods as follows:
"Abandonment of property is the most striking indication of neighborhood decline. Large-scale abandonment threatens the stability of neighborhoods and undermines the value of investments made by other property owners. The literature indicates that abandonment and decline of property can be considered as a contagious phenomenon. Fire is intertwined with abandonment as both a cause and an undesired side effect. Abandonment usually signals the end of a building’s productive life. Real estate market conditions, difficulty in obtaining financing for renovation or repair, withdrawal of fire insurance, and declining economic fortunes of tenants all contribute to abandonment. In declining areas, the use value of a building will frequently exceed its market value. Any damage to the building sufficient to vacate it can lead to abandonment by the owner."
(Excerpt from Urban Residential Fires: An Empirical Analysis of Building Stock and Socioeconomic Characteristics for Memphis, Tennessee. Dissertation by Charles R. Jennings, Cornell University, August 1996.)
Are All Vacant Buildings of Concern?
Not all vacant buildings are of concern. For example, a soldier who has gone off to war, leaving his unoccupied house under the watchful care of neighbors, is not of concern. Or, a rental house, that is temporarily vacant before a new tenant moves in, is not an issue. Usually landlords, family members, or friendly neighbors watch over these buildings to preserve and protect them for their owners. These are not the types of vacant buildings that contribute to Urban Blight. However, obviously vacant buildings that are open to entry by trespassers are the kind of buildings the city’s ordinance was designed to address.
Why Should Neighbors be Concerned if a Building is Vacant?
Vacant buildings that are open and accessible pose a danger to the community and particularly the immediate neighborhood.
- Children are drawn to vacant buildings to explore and play.
- Other not-so-innocent trespassers are also drawn to vacant buildings. Arsonists, child molesters, drug abusers, and gangsters sometimes use vacant buildings for their crimes.
- Vacant and abandoned buildings pose a threat to firefighters. The National Fire Prevention Association reports that more firefighters are injured at fires in vacant or abandoned properties that in any other type of property. The NFPA estimates more than 6000 firefighters per year are injured fighting fires in abandoned and vacant buildings nationwide.
- When there is a fire in a vacant building, there is typically a delay in notification to the fire department. The delay allows the fire to grow and spread, posing an increased risk. Where there are clusters of vacant buildings, the fire can spread to several buildings before it is reported.
If you observe people trespassing at a vacant building, call the non-emergency police dispatch number, (503) 629-0111.
Property Owners’ Responsibilities
Property owners must prevent vacant buildings from becoming a nuisance. Vacant buildings must be secured from unauthorized entry and kept free of rubbish, graffiti, litter, rodents and standing water. Trash accumulations are easy targets for vandals to ignite. To prevent fires, anything combustible in or around the buildings should be removed.
It is critical that unauthorized access to vacant and abandoned buildings be prevented. While there are many ways to secure buildings, the USFA National Arson Prevention Initiative Board Up system is one of the most effective.
USFA Board Up Procedures (Word)
Done correctly and coupled with a surveillance program, buildings secured using this method are very difficult to enter. An added benefit to securely boarding up a structure is that deterioration due to weather exposure is reduced. Buildings that are exposed to weather can become dangerous because structural members intended to support the weight of the building may be weakened. Under fire conditions, they may not support the structure for the length of time they would normally provide, leading to the premature collapse of the building.
To effectively board up a vacant building, proper materials must be used. Particle board is ineffective as a security measure because it can easily be pulled apart or broken, especially if it has gotten wet. Panels to cover openings must be substantial and installed so they cannot easily be pried off of the building. 1/2" CDX plywood panels are recommended. Panels that are recessed into a door or window frame are more difficult to pry off.
USFA Board Up Procedures (PDF)Is a Vacant Building the same as an Abandoned Building?
The terms "vacant" and "abandoned" are often used interchangeably when talking about buildings. There is, however, a subtle difference in the terms. Black’s Law Dictionary defines "vacant" as "empty; unoccupied". The word "abandon" is defined as "to desert, surrender, forsake or cede. To relinquish or give up with intent of never again resuming one’s right or interest." For buildings, the difference between "vacant" and "abandoned" is primarily related to the behavior of the owner. If the owner takes reasonable steps to preserve the value of the unoccupied building, then it is considered vacant. Where there is no viable owner or the owner will not take reasonable steps to maintain the property, then the property is considered abandoned.
Abandoned buildings should always be vacant, but vacant buildings are not necessarily abandoned. If not maintained to prevent weathering, chronically vacant properties may deteriorate to the extent that they are no longer worth the cost of rehabilitating them, leading to abandonment by their owners.
How can Code Services help you?
Code Services is available to serve you from the first floor of City Hall, between the hours of 7:00 a.m. to 7:00 p.m. Monday through Thursday and 7:00 a.m. to 5:00 p.m. on Friday. We can help you in two major areas:
Community Education and Awareness: Code Services is your source for information about the municipal code. We are not attorneys, just people who have read the code and are available to answer your questions. By increasing community awareness of the municipal code, we can prevent code violations and encourage compliance with the municipal code. We can help you with issues such as:- Homeowner rights and responsibilities
- Business owner rights and responsibilities
- Vehicle owner rights and responsibilities
- A clear description of the violation.
- The address where the code violation is occurring. If there is no address, the address of the property nearest to where the code violation is occurring and other information describing the location of the violation.
- If the violation involves a vehicle, a description including color, make, model, license plate number and expiration date.
- If available, the name of the violator.
- Your name and telephone number are needed so that we can contact you if there are any questions.
How are code violations resolved?
Letter or Notice of Civil Infraction: For most cases, Code Services first provides the person responsible for the code violation with the opportunity to voluntarily correct the problem. We notify the person of the violation by phone or by letter to make them aware of the problem and ask them to address the issue.
Citation: When the person responsible does not voluntarily correct the code violation, a civil infraction citation may be issued either by Code Services or by the Police. However, civil infractions are not crimes -- the only penalty for a civil infraction is a monetary fine. The fines amounts are:
- $250 per day for a Class 1 civil infraction
- $150 per day for a Class 2 civil infraction
- $50 per day for a Class 3 civil infraction
For continuing code violations, the fine applies for each day the violation exists.
Nuisance Abatement: If
the nuisance is not corrected, either before or after a citation, the City may
begin abatement procedures. Abatement consists of entering onto the property to correct the problem. Abatement begins with a notice that is posted on the premises or the
site of the nuisance. The notice directs the property owner or person responsible to correct or abate the nuisance. If the property owner or responsible party does not correct the problem within the time specified on the notice, the City will correct it and bill the property owner or responsible party for the costs. Liens may be placed upon real property to secure repayment to the taxpayers of the costs expended by the City to abate the nuisance.
Vacant Buildings
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