Ord 2461 - Amending Building Code OrdinanceCOUNCIL BILL NO. 2805
ORDINANCE NO. 2461
AN ORDINANCE AMENDING ORDINANCE 2415 (THE BUILDING CODE ORDINANCE)
TO CONFORM TO SENATE BILL 915; SETTING AN EFFECTIVE DATE; AND DECLARING
AN EMERGENCY
WHEREAS, Ordinance 2415 establishes that violations of any provision of
the State Building Code constitutes a Class I Civil Infraction and shall be
processed through a judicial proceeding; and
WHEREAS, the 2009 Legislature passed Senate Bill 915 requiring violations of
the State Building Code to be processed by assessing a civil penalty with an
administrative appeal process that is by a non -judicial proceeding; and
WHEREAS, amending Ordinance 2415 is necessary to comply with the
changes in State law; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Ordinance 2415, Section 15 is amended to read as follows:
Section 15 Violations; Penalties; Remedies.
A. No person shall erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish, equip, use, occupy or maintain a
building or structure in the City, or cause the same to be done, contrary to
or in violation of this Ordinance.
B. No person shall install, alter, replace, improve, convert, equip or
maintain any mechanical equipment or system in the City, or cause the
same to be done contrary to or in violation of this Ordinance.
C. No person shall install, alter, replace, improve, convert, equip or
maintain any plumbing or drainage piping work or any fixture or water
heating or treating equipment in the City, or cause the same to be done
contrary to or in violation of this Ordinance.
D. No person shall install, alter, replace, improve, convert, equip or
maintain any electrical equipment or system in the City, or cause the
same to be done contrary to or in violation of this Ordinance.
E. Violation of a provision of this Ordinance shall be subject to a Civil
Penalty not exceeding $5,000.00 for a single violation of $1,000.00 for
continuing violations and shall be processed in accordance with the
procedures set forth in this Ordinance.
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Ordinance No. 2461
F. Each day that a violation of a provision of this Ordinance exists
constitutes a separate violation.
G. The penalties and remedies provided in this section are not
exclusive and are in addition to all other penalties and remedies available
to the City.
H. Notwithstanding the other remedies in this Ordinance, if the Building
Official determines that any building under construction, mechanical work,
electrical work, or plumbing work on any building or any structure poses an
immediate threat to the public health, safety or welfare, the Building Official may
order the work halted and the building or structure vacated pending further action
by the City and its legal counsel.
Section 2. Ordinance 2415 is further amended to provide additional
sections, as follows:
Section 15A Building Official • Authority to Impose Administrative Civil
Penalty.
A. In addition to, and not in lieu of, any other enforcement
mechanism authorized by this Ordinance, upon a determination by the
Building Official that a person has violated a provision of this Ordinance,
the Building Official may impose upon the violator and/or any other
responsible person an administrative civil penalty as provided by this
section. For purposes of this subsection, a responsible person includes the
violator, and if the violator is not the owner of the building or property at
which the violation occurs, may include the owner as well.
B. Prior to imposing an administrative civil penalty under this section,
the Building Official shall pursue reasonable attempts to secure voluntary
correction, failing which the Building Official may issue a notice of civil
violation to one or more of the responsible persons to correct the violation.
Except where the Building Official determines that the violation poses an
immediate threat to health, safety, environment, or public welfare, the
time for correction shall be not less than five calendar days.
C. Following the date or time by which the correction must be
completed as required by an order to correct a violation, the Building
Official shall determine whether such correction has been completed. If
the required correction has not been completed by the date or time
specified in the order, the Building Official may impose a civil penalty on
each person to whom an order to correct was issued.
D. Notwithstanding subsection (B) above, the Building Official may
impose a civil penalty without having issued an order to correct violation
or made attempts to secure voluntary correction where the Building
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Ordinance No 2461
Official determines that the violation was knowing or intentional or a
repeat of a similar violation.
E. In imposing a penalty authorized by this section, the Building
Official shall consider:
1. The person's past history in taking all feasible steps or procedures
necessary or appropriate to correct the violation;
2. Any prior violations of statutes, rules, orders, and permits;
3. The gravity and magnitude of the violation;
4. Whether the violation was repeated or continuous;
5. Whether the cause of the violation was an unavoidable
accident, negligence, or an intentional act;
6. The violator's cooperativeness and efforts to correct the
violation; and
7. Any relevant provision of the Building Code or City Ordinance.
F. The notice of civil penalty shall either be served by personal
service or shall be sent by registered or certified mail and by first class mail.
Any such notice served by mail shall be deemed received for purposes of
any time computations hereunder three days after the date mailed if to
an address within this state, and seven days after the date mailed if to an
address outside this state. A notice of civil penalty shall include:
1. Reference to the particular code provision or rule involved;
2. A short and plain statement of the matters asserted or charged;
3. A statement of the amount of the penalty or penalties imposed;
4. The date on which the order to correct was issued and time by
which correction was to be made, or if the penalty is imposed
pursuant to subsection (D), a short and plain statement of the
basis for concluding that the violation was knowing, intentional,
or repeated; and
5. A statement of the party's right to appeal the civil penalty to the
City Administrator or City Administrator's designee.
G. Any person who is issued a notice of civil penalty may appeal
the penalty to the City Administrator or City Administrator's designee.
The City Administrator's designee shall not be the Building Official or
Building Inspector.
Page 3 - Council Bill No. 2805
Ordinance No. 2461
H. A civil penalty imposed hereunder shall become final upon
expiration of the time for filing an appeal, unless the responsible person
appeals the penalty to the City Administrator or City Administrator's
designee pursuant to, and within the time limits established by this
Ordinance. If the responsible person appeals the civil penalty to the City
Administrator or City Administrator's designee, the penalty shall become
final, if at all; upon issuance of the City Administrator or City
Administrator's designee's decision affirming the imposition of the
administrative civil penalty.
I. Each day the violator fails to remedy the violation shall constitute
a separate violation.
J. Failure to pay a penalty imposed hereunder within ten days after
the penalty becomes final as provided in subsection (H) shall constitute a
violation of this Ordinance. Each day the penalty is not paid shall
constitute a separate violation. The Building Official also is authorized to
collect the penalty by any administrative or judicial action.
The civil administrative penalty authorized by this section shall be in
addition to:
1. Assessments or fees for any costs incurred by the City in
remediation, cleanup, or abatement, and
2. Any other actions authorized by law.
K. If an administrative civil penalty is imposed on a responsible
person because of a violation of any provision of this Ordinance resulting
from prohibited use or activity on real property, and the penalty remains
unpaid 30 days after such penalty become final, the Building Official shall
assess the property the full amount of the unpaid fine and shall enter such
an assessment as a lien in the docket of City liens. At the time such an
assessment is made, the Building Official shall notify the responsible person
that the penalty has been assessed against the real property upon which
the violation occurred and has been entered in the docket of City liens.
L. In addition to enforcement mechanisms authorized elsewhere in
this Ordinance, failure to pay an administrative civil penalty imposed
pursuant to subsection (A) of this section shall be grounds for withholding
issuance of requested permits or licenses, or revocation or suspension of
any issued permits or certificates of occupancy.
M. This Ordinance does not prohibit the City from charging an
increased permit fee or investigation fee, seeking injunctive relief from a
Page 4 - Council Bill No. 2805
Ordinance No. 2461
violation or taking any enforcement action that does not include a
monetary penalty.
Section 15B Appeal Procedures.
A. A person aggrieved by an administrative action of the Building
Official taken pursuant to a section of this Ordinance authorizing an
appeal under this section may, within 15 days after the date of notice of
the action, appeal in writing to the City Administrator or City
Administrator's designee. The appeal shall state:
1. The name and address of the appellant;
2. The nature of the determination being appealed;
3. The reason the determination is incorrect; and
4. What the correct determination of the appeal should be.
An appellant who fails to file such a statement within the time
permitted waives the objections, and the appeal shall be dismissed.
B. If a notice of revocation of a license or permit is the subject of
the appeal, the revocation does not take effect until final determination
of the appeal. Notwithstanding this paragraph, an emergency
suspension shall take effect upon issuance of, or such other time stated
in, the notice of suspension.
C. Unless the appellant and the City agree to a longer period, an
appeal shall be heard by the City Administrator or City Administrator's
designee within 30 days of the receipt of the notice of intent to appeal.
At least 10 days prior to the hearing, the City shall mail notice of the
time and location thereof to the appellant.
D. The City Administrator or City Administrator's designee shall
hear and determine the appeal on the basis of the appellant's written
statement and any additional evidence the City Administrator or City
Administrator's designee deems appropriate. At the hearing, the
appellant may present testimony and oral argument personally or by
counsel.
E. The City Administrator or City Administrator's designee shall
issue a written decision within 10 days of the hearing date. The decision
of the City Administrator or City Administrator's designee after the
hearing is final.
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Ordinance No. 2461
Section 3. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety so that the City can modify its Ordinance to
conform to State law, an emergency is declared to exist and this Ordinance
shall take effect on January 1, 2010.
/2- -1 Zo 01
Approved as to Form:'
City Attorney
APPROVED
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTESACity
4;�
corder
City of Woodburn, Oregon
Page 6 - Council Bill No. 2805
Ordinance No. 2461
RYN FIGLEY,
C
WOODBURN
I n o r p r I el 1889
December 14, 2009
TO: Honorable Mayor and City Council through City Administrator
FROM: N. Robert Shields, City Attorney
SUBJECT: Procedural Amendments to Building Code Ordinance
COUNCIL GOAL:
Refine City Policies. Complete long-range financial plan; create clear municipal
regulations and codes for greater understanding and eliminate unnecessary
over -regulation.
RECOMMENDATION:
Adopt the attached ordinance amending Ordinance 2415 (the Building Code
Ordinance) so that it conforms to state law.
BACKGROUND:
The Building Code Ordinance currently provides that violations of the State
Building Code constitute a Class 1 Civil Infraction and are processed through the
Woodburn Municipal Court by a judicial proceeding.
The 2009 Legislature passed Senate Bill 915 (attached), which requires that
violations of the State Building Code must be processed through a Civil Penalty
with an appeal process that is by a non -judicial proceeding.
DISCUSSION:
The proposed ordinance amends the Building Code Ordinance to comply with
the requirements of Senate Bill 915. More specifically, it amends Section 15 of
Ordinance 2415 and adds additional sections 15A and 15B to create a non -
judicial Civil Penalty and an administrative appeals process that conforms to the
requirements of the new legislation.
Agenda Item Review: City Administrator City Attorney Finance Of
Honorable Mayor and City Council
December 14, 2009
Page 2
Because Senate Bill 915 is effective on January 1, 2010 and there will be no
second City Council meeting in December, an emergency clause was added
to the proposed ordinance that sets an effective date of January 1, 2010.
FINANCIAL IMPACT:
None.
Attachment: Senate Bill 915
Ordinance 2415
75th OREGON LEGISLATIVE ASSEMBLY --2009 Regular Session
Sponsored by Senator MORSE
Enrolled
Senate Bill 915
CHAPTER.................................................
AN ACT
Relating to the regulation of structures.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2009 Act is added to and made a part of ORS chapter 455.
SECTION 2. (1) The Legislative Assembly finds and declares that enforcement of the
state building code in a fair, equitable and uniform manner throughout this state is a matter
of state concern.
(2) If a municipality administers a building inspection program under ORS 455.148 or
455.150, a monetary penalty assessed under the program for a violation must be assessed as
a civil penalty. This subsection does not prohibit a municipality from charging a violator an
increased permit fee or investigative fee, seeking injunctive relief from a violation or taking
any enforcement action that does not include a monetary penalty. This subsection does not
limit the terms or conditions of any voluntary agreement for the resolution of a violation.
(3) A municipality may not assess a civil penalty for a violation under a building in-
spection program unless the municipality provides to the party that is subject to the civil
penalty:
(a) Notice that:
(A) Describes the alleged violation, including any relevant code provision numbers, ordi-
nance numbers or other identifying references;
(B) States that the municipality intends to assess a civil penalty for the violation and
states the amount of the civil penalty;
(C) States that the party may challenge the assessment of a civil penalty; and
(D) Describes the means and the deadline for informing the municipality that the party
is challenging the assessment of the civil penalty; and
(b) A municipal administrative process other than a judicial proceeding in a court of law,
that affords the party an opportunity to challenge the civil penalty assessment before an
individual, department or body that is other than the municipality's building inspector or
building official.
(4) If the municipality assesses a civil penalty for a violation under a building inspection
program, the amount of the civil penalty assessed for the violation may not exceed the
maximum civil penalty amount authorized for an equivalent specialty code violation under
ORS 455.895.
(5) The costs incurred by a municipality in providing notice and administrative process
under this section are building inspection program administration and enforcement costs for
the purpose of fee adoption under ORS 455.210.
Enrolled Senate Bill 915 (SB 915-A) Page 1
•
SECTION 3. Section 2 of this 2009 Act applies to a civil penalty assessed on or after the
effective date of this 2009 Act for a violation occurring before, on or after the effective date
of this 2009 Act.
Passed by Senate May 4, 2009 Received by Governor:
........................ M., .........................................................1 2009
.............................................................................
Secretary of Senate Approved:
.............................................................................
President of Senate
Passed by House June 2, 2009
.............................................................................
Speaker of House
Enrolled Senate Bill 915 (SB 915-A)
........................ M.,.......................................................... 2009
.............................................................................
Governor
Filed in Office of Secretary of State:
........................ M., ......................................................... 1 2009
.............................................................................
Secretary of State
Page 2
COUNCIL BILL NO. 2650
ORDINANCE NO. 2415
AN ORDINANCE ADOPTING CERTAIN STATE SPECIALTY CODES; SETTING FORTH THE
POWERS AND DUTIES OF THE BUILDING OFFICIAL; PROVIDING FOR PROCEDURES
AND FEES; ESTABLISHING PENALTY PROVISIONS; REPEALING ORDINANCE 2293
AND DECLARING AN EMERGENCY.
WHEREAS, the State of Oregon regularly adopts certain specialty codes;
and
WHEREAS, the City has established a building inspection program under
state statutes and the administrative rules of the State Building Codes Division;
and
WHEREAS, under the authority of ORS 455.150, the City of Woodburn
administers those specialty codes and building requirements adopted by the
state which the City of Woodburn is granted authority to administer; and
WHEREAS, it is necessary for the City to periodically adopt the most recent
additions of the state specialty codes so that they can be enforced and
administered within the corporate limits of the City; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions. For the purpose of this Ordinance, the following
terms shall mean:
A. Building Official - means the City of Woodburn Building Official who
is responsible for building inspections and with the administration
and enforcement of this ordinance.
B. State Building Code - or "the code" means the combined specialty
codes adopted by this ordinance.
Section 2. State Codes Adopted. The following codes, standards and
rules are adopted and are by this reference incorporated herein and shall be in
force and effect within the corporate boundaries of the City of Woodburn:
Page 1 - COUNCIL BILL NO. 2650
ORDINANCE NO. 2415
A. The Oregon Structural Specialty Code, as adopted by the State of
Oregon, including the following administrative provisions:
Section 104.2 (Applications and permits).
2. Section 104.4 (Inspections).
3. Section 104.7 (Liability).
4. Section 104.8 (Approved materials and equipment).
5. Section 104.9 (Modifications).
6. Section 104.10 (Alternate materials, design and methods of
construction and equipment).
7. Section 104.11 (Requests for rulings).
8. Section 105.3.2. (Time limit of application). "An application
for a permit for any proposed work shall be deemed to have been abandoned
180 days after the date of filing, unless such application has been pursued in
good faith or a permit has been issued; except that the building official is
authorized to grant one extensions of time for an additional period not
exceeding 180 days. The extension shall be requested in writing and justifiable
cause demonstrated."
B. The Oregon Mechanical Speciality Code, as adopted by the State
of Oregon, including the following administrative provision:
1. Section 106.4.3. (Time limit of application). "An application
for a permit for any proposed work shall be deemed to have been abandoned
180 days after the date of filing, unless such application has been pursued in
good faith or a permit has been issued; except that the building official is
authorized to grant one extensions of time for an additional period not
exceeding 180 days. The extension shall be requested in writing and justifiable
cause demonstrated."
C. The Oregon Residential Specialty Code, as adopted by the State of
Oregon, including the following administrative and automatic fire sprinkler
system provisions:
1. Section 105.3.2 (Time limit of application). "An application for
a permit for any proposed work shall be deemed to have been abandoned 180
days after the date of filing, unless such application has been pursued in good
Page 2 - COUNCIL BILL NO. 2650
ORDINANCE NO. 2415
faith or a permit has been issued; except that the building official is authorized
to grant one extension of time for an additional period not exceeding 180 days.
The extension shall be requested in writing and justifiable cause demonstrated."
2. Sections AN 109.4.2 through AN 109.4.3 (Fire sprinkler system
requirements).
3. Section AN 109.4.3 (Definition: Substantially altered or
damaged). "The valuation to repair or alter the building or structure exceeds 60
percent of the value of that portion of the building or structure as defined in the
building code and determined by the Building Official."
D. The Oregon Plumbing Specialty Code as adopted by the State of
Oregon.
E. The Electrical Safety Law as contained in ORS 479.510 to 479.995.
F. The Oregon Fire Code Amendments, as adopted by the State of
Oregon;
G. Manufactured structure installation requirements under ORS
446.155, 446.185 (1) and 446.230;
H. Manufactured dwelling park and mobile home park requirements
under ORS Chapter 446;
Park and camp program requirements under ORS 455.680;
J. Tourist facility requirements under ORS 446.310 to 446.350;
K. Manufactured dwelling alterations under ORS 446.155; and
L. Manufactured structure accessory buildings and structures under
ORS 446.253.
Section 3. Powers and Duties of the Buildina Official. The Building
Department shall be under the administrative and operational control of the
building official. The building official shall have the power to render written and
oral interpretations of the code and to adopt and enforce administrative
procedures in order to clarify the application of its provisions. Such
interpretations, rules, and regulations shall be in conformance with the intent
and purpose of the code. The building official is authorized to enforce all the
provisions of the code.
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ORDINANCE NO. 2415
Section 4. Right of Entry. When it is necessary to make an inspection to
enforce the state building code, or when the building official has reasonable
cause to believe that there exists in a building or upon a premises a condition
which is contrary to or in violation of the code which makes the building or
premises unsafe, dangerous or hazardous, the building official may enter the
building or premises at reasonable times to inspect or to perform the duties
imposed by the code, provided that if such building or premises be occupied
that credentials be presented to the occupant and entry requested. If such
building or premises be unoccupied, the building official shall first make a
reasonable effort to locate the owner or other person having charge or control
of the building or premises and request entry. If entry is refused, the building
official shall have recourse to the remedies provided by law to secure entry.
Section 5. Stoa Work Orders. Whenever any work is being done
contrary to the provisions of the code, or other pertinent laws or ordinances
implemented through the enforcement of the code, the building official may
order the work stopped by notice in writing served on any person(s) engaged in
the doing or causing such work to be done. Such person(s) shall forthwith stop
such work until specifically authorized by the building official to proceed with
the work. Notwithstanding the other remedies, if the building official determines
that any building under construction, mechanical work, electrical work, or
plumbing work on any building or structure poses an immediate threat to the
public health, safety or welfare, the building official may order the work halted
and the building or structure vacated pending further action by the city and its
legal counsel.
Section 6. Authority to Disconnect Utilities in Emergencies. The building
official or the building official's authorized representative shall have the authority
to disconnect fuel -gas utility service, or energy supplies to a building, structure,
premises or equipment regulated by the code in case of emergency when
necessary to eliminate an immediate hazard to life or property. The building
official shall, whenever possible, notify the serving utility, the owner and
occupant of the building, structure or premises of the decision to disconnect
prior to taking such action, and shall notify such serving utility, owner and
occupant of the building, structure or premises in writing of such disconnection
immediately thereafter.
Section 7. Connection After Order to Disconnect. Persons shall not make
connections from an energy, fuel or power supply nor supply energy or fuel to
any equipment regulated by the code which has been disconnected or
ordered to be disconnected by the building official, or the use of which has
been ordered to be discontinued by the building official, until the building
official authorizes the reconnecting and use of such equipment.
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ORDINANCE NO. 2415
Section 8. Occupancy Violations. Whenever any building or structure or
equipment is being used contrary to the provisions of the code, the building
official may order such use discontinued and the structure, or portion thereof,
vacated by notice served on any person causing such use. Such person shall
discontinue the use within the time prescribed by the building official after
receipt of such notice to make the structure, or portion thereof, comply with the
requirements of the code.
Section 9. Appeals Process. When there is an appeal of a staff
interpretation of the code during plan review or inspection, the aggrieved
persons shall be notified of the provisions of ORS 455.475 and the following
procedures:
A. Plan Review. In an informal appeal of a plans examiner's decision,
the plans examiner shall refer the request and any related information to the
building official who, in consultation with appropriate technical staff, shall review
the request and make a final determination in writing to the applicant within 15
days.
In an informal appeal of the building official's decision, the request
shall be forwarded to the State of Oregon, Building Codes Division staff person
responsible for interpretations. Formal appeals shall be forwarded to the
appropriate state board at the Building Codes Division for final action. The
appeal shall be sent to the Department of Consumer Business Services, Building
Codes Division accompanied by the required fee, a completed appeal form of
the department, and justification for the request along with any supporting
information. (ORS 455.690)
B. Inspection. When there is an appeal of a field inspector's
interpretation of a particular code, the following process shall be used:
1. The field inspector shall refer the customer and related
information to the building official. The building official, in consultation with
appropriate technical staff, shall review the request and make a final decision in
writing to the customer within 15 days.
2. Formal appeals of the building official shall be forwarded to
the appropriate state board for final action. The appeals shall be sent to the
Department of Consumer Business Services, accompanied by the required fee,
a completed appeal form of the department, and justification for the request
along with any supporting information. (ORS 455.690)
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ORDINANCE NO. 2415
3. In accordance with ORS 455.690, any person aggrieved by a
final decision may, within 30 days after the date of the decision, appeal to the
appropriate state advisory board as listed below:
• Structural Code - Building Codes Structures Board
• Mechanical Code - Mechanical Board
• Residential Code - Residential Structures Board
• Plumbing Code - Oregon State Plumbing Board
• Electrical Code - Electrical & Elevator Board
• Manufactured Home Installation Standard - Manufactured
Structures & Parks Board.
• Park & Camp Rules - Manufactured Structures & Parks
Board
C. Appeals of Board Decisions. Judicial review of the decision of
advisory boards shall be available as provided in Oregon Revised Statutes
Chapter 183.
Section 10. Permits Not Transferable. A permit issued to one person or firm
is not transferable and shall not permit any other person or firm to perform any
work thereunder.
Section 11. Suspension/Revocation. The building official may, in writing,
suspend or revoke a permit issued under the provisions of the state building
code whenever the permit is issued in error or on the bases of incorrect
information supplied, or in violation of any ordinance or regulation or any of the
provisions of the code.
Section 12. Inspections. It shall be the duty of the permit holder or his
agent to request all necessary inspections in a timely manner, provide access to
the site, and provide all necessary equipment as determined by the building
official. The permit holder shall not proceed with the building construction until
authorized by the building official. It shall be the duty of the permit holder to
cause the work to remain accessible and exposed for inspection purposes. Any
expense incurred by the permit holder to remove or replace any material
required for proper inspection shall be the responsibility of the permit holder or
his agent.
Section 13. Fees.
A. Fees for permits, inspections, plan checks, site plan review, copy
costs, and such other fees that the City Council deems reasonable in order to
administer this ordinance shall be set by ordinance or resolution.
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ORDINANCE NO. 2415
B. The building official may authorize the refunding of fees paid in
accordance with the refund policy in effect.
C. The determination of value or valuation under any provisions of the
state building code shall be made by the building official. The value to be used
in computing the building permit and plan review fees shall be the total value of
all construction work for which the permit is issued as well as all finish work,
painting, roofing, electrical, plumbing, hearing, air conditioning, elevators, fire -
extinguishing systems and any other permanent or attached equipment.
Section 14. Savings Clause. If any section, paragraph, subdivision,
clause, sentence, or provisions of the ordinance shall be adjudged by any court
of competent jurisdiction to be unconstitutional or invalid, such judgment shall
not affect, impair, invalidate, or nullify the remainder of the ordinance.
Section 15. Violation -Penalty -Remedies.
A. No person shall erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, occupy or maintain a building or
structure in the city, or cause the same to be done contrary to or in violation of
this ordinance.
B. No person shall install, alter, replace, improve, convert, equip or
maintain any mechanical equipment or system in the city, or cause the same to
be done contrary to or in violation of this ordinance.
C. No person shall install, alter, replace, improve, convert, equip or
maintain any plumbing or drainage piping work or any fixture or water heating
or treating equipment in the city, or cause the same to be done contrary to or in
violation of this ordinance.
D. No person shall install, alter, replace, improve, convert, equip or
maintain any electrical equipment or system in the city, or cause the same to be
done contrary to or in violation of this ordinance.
E. Each violation of a provision of this chapter constitutes a Class 1 civil
infraction and shall be processed in accordance with the procedures set forth in
the civil infractions ordinance.
F. Each day that a violation of a provision of this chapter exists
constitutes a separate violation.
G. Notwithstanding the other remedies in this chapter, if the building
official determines that any building under construction, mechanical work,
Page 7 - COUNCIL BILL NO. 2650
ORDINANCE NO. 2415
electrical work, or plumbing work on any building or any structure poses an
immediate threat to the public health, safety or welfare, the building official
may order the work halted and the building or structure vacated pending
further action by the city and its legal counsel.
H. The penalties and remedies provided in this section are not
exclusive and are in addition to other penalties and remedies available under
city ordinance or state statute.
Section 16. Repeal. Ordinance No. 2293 is hereby repealed.
Section 17. Emergency Clause. This ordinance being necessary for the
immediate preservation for the public peace, health, and safety so that the
current state codes can be applied without delay, an emergency is declared to
exist and this ordinance shall take effect immediately upon passage and
approval by the Mayor.
1-� �;, Z, 10,- 6 o6
Approved as to form.
City Attorney
Da�--
Approved
Figley, M or
Passed by the Council December 11, 2006
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: �-• �-
Ma —TenWant City Recorder
City of Woodburn, Oregon
Page 8 - COUNCIL BILL NO. 2650
ORDINANCE NO. 2415
December 13, 2006
December 13, 2006