The COVID Project
The record
- Jurisdiction
- City of Vancouver, Washington (Clark County) · Portland · Oregon
- Level
- City
- Authority
- Washington State Constitution Article VI, Section 11 [as recited in the order]; RCW ch. 38.52; Vancouver Municipal Code ch. 2.12; City Council Resolution M-4061 (Mar. 16, 2020)
- Issued
- 2020-04-03 Apr. 3, 2020
- Effective
- 2020-04-03 (immediate) (read as 2020-04-03)
- End
- 2020-04-30 23:59 by § 4; §§ 1-3 extended through May 31, 2020 by EO 2020-11 (MET-PDX-021); § 3 as amended by EO 2020-09 extended to July 31, 2020 by EO 2020-14 and further by EO 2020-16 (MET-PDX-023, -026) (read as 2020-09-30)
- In force
- Apr. 3, 2020 to Sept. 30, 2020
- Quarters
- 2020 Q22020 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementWorkplace rulesOther
- Addressees
- residential mortgage loan holders and servicers (private, non-FHFA loans)
- landlords of Small Business commercial tenants (valid Vancouver Business License; fewer than 50 employees)
- every landlord or landlord's agent entering residential rental property for an RCW 59.18 inspection
- Functions reached
- SV mortgage servicing and foreclosure (private residential foreclosures barred)
- CM commercial leasing (small-business evictions barred)
- PM property management and inspections (PPE and distancing)
- CB small-business tenants and homeowners
- Collection
- Portland MET-PDX
Operative words
Section 1. Defense from Residential Foreclosure on Private Mortgages. A.... it shall be unlawful to initiate or advance a Private Residential Foreclosure Action with respect to any property within the city limits of Vancouver while this Emergency Order is in effect, except in such circumstances when foreclosure is necessary to abate proven threats to the safety of others or the protection of the property. Any mortgagor may raise this emergency order as a defense in any pending or initiated Private Residential Foreclosure Action.... Section 2. Defense from Eviction of Small Businesses. A. It shall be unlawful for any landlord or landlord's agent to initiate or advance an unlawful detainer action while this Emergency Order is in effect, on any property in which the tenant is: i. a Small Business tenant of commercial property located within the City of Vancouver; and ii. the Small Business has not engaged in any act or omission constituting an imminent threat of damage to the property or to the health or safety of the public... Section 3. Inspection of Residential Property - Equipment Required. A.... every landlord, or landlord's agent, who enters the interior of residential rental property or a dwelling unit within the City of Vancouver for the purpose of conducting an inspection authorized under RCW 59.18, shall: i. Wear personal protective equipment (PPE) including, at a minimum, a face mask, gloves, and disposable shoe coverings at all times during the inspection...; ii. Adhere to social distancing requirements recommended by the Centers for Disease Control and Prevention (CDC) and Clark County Department of Public Health.... Section 4. Duration. Unless modified, extended or terminated by the Vancouver City Council or Vancouver City Manager, this Emergency Order is hereby effective immediately and shall remain in effect until April 30, 2020, at 23:59 hours.
Enforcement
Conduct declared 'unlawful' under VMC ch. 2.12; affirmative defense in foreclosure and unlawful detainer actions (§§ 1.A, 2.A)
Notes
Recitals record the City's Declaration of Civil Emergency No. 2020-01 (Mar. 13, 2020, 14:30), Resolution M-4061 (Mar. 16, 2020), the Governor's Proclamation 20-19 (eviction moratorium) and the 'Stay Home, Stay Healthy' Proclamation's 'temporary restrictions on the provisions of services' as the basis for the small-business protection; also orders that EOs 2020-02 through 2020-07 'remain in full force and effect.' Clark County: 131 positives of 1,203 tested as of Apr. 3, 2020.
Retrieval noteFull order text (five pages).