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.
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 improvements 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. (Ord. 2925, amended, 04/18/2006)