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All other contacted agencies either stated no objection to the proposal for failed to comment. 7. Dwelling Alteration and Replacement. Alteration, restoration, or replacement of a lawfully established dwelling with filing of the declaratory statement in MCC 17.136.100(C), other than as permitted in MCC 17.136.020(D), when: 1. The dwelling to be altered, restored or replaced has or formerly had: (A) Intact exterior walls and roof structure; (B) Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; (C) Interior wiring for interior lights; and (D) A heating system; The applicants provided photographs of the existing structure, both on the exterior and interior. In the photos, the structure’s walls and roof are visibly intact, a kitchen sink, light switches and fixtures showing interior wiring, and a heating stove all inside the structure. While the applicants provide no specific evidence that the dwelling contained a form or toilet, bathing facility, or was connected to a sanitary waste disposal system, t hey argue that the structure’s age (the Tax Assessor’s information describes it as being built in 1920) would make an outhouse a more likely option than an internal toilet, accounting for the lack of such features in the structure. This argument is contextually sound and, when combined with the other evidence presented, is substantial enough evidence to show the dwelling had all four characteristics required. The criterion is met. 2. In addition to the provisions of subsection (D)(1) of this section, the dwelling to be replaced meets one of the following conditions: a. If the dwelling was removed, destroyed or demolished: i. The dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; and ii. Any removal, destruction, or demolition occurred on or after January 1, 1973. b. If the dwelling is currently in such a state of disrepair that the dwelling is unsafe for occupancy or constitutes an attractive nuisance, the dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; or c. A dwelling not described in subsection (D)(2)(a) or (b) of this section was assessed as a dwelling for the purposes of ad valorem taxation: i. For the previous five property tax years; or ii. From the time when the dwelling was erected upon or affixed to the land and became subject to assessment as described in ORS 307.010; The structure is still present on the property and the photographic evidence submitted in the application shows the dwelling still possesses all features listed under subsection 1 above, but the structure is no longer assessed as a dwelling on the taxes for the property. The applicant asserts that this is because the structure is in such a state of disrepair that it is unsafe for occupancy. This satisfies subsection 2b above. The criterion is met. 3. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use: a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055; or b. If the dwelling to be replaced is, in the discretion of the permitting authority, in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the permitting authority that is not less than 90 days after the replacement permit is issued; and c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant must obtain approval from the permitting authority for the new location. Since the applicant argued in criterion 2 that the dwelling constitutes an attractive nuisance or is in a state of disrepair that it is unsafe for occupancy, criterion 3b applies and shall be made a condition of approval. The applicants state that they acknowledge this view and will comply with the timeline of replacement outlined.