Chapter 15.05
BUILDING CODES
Sections:
15.05.020 Violations – Penalties – Remedies.
15.05.030 Authority to impose administrative civil penalty.
15.05.040 Appeals procedures – Administrative.
15.05.045 Appeals – Code interpretation and application.
15.05.010 Adoption of codes.
From the effective date of the ordinance codified in this chapter, the construction, alteration, repair, demolition, moving, use or occupancy of a structure within the jurisdiction of the city of Brookings shall comply with the standards and requirements of the following codes, as now exist or as hereafter amended, each of which is hereby adopted by this reference into the ordinances of the city of Brookings. Also by this reference the city adopts those provisions of the Oregon Administrative Rules which implement these codes. The building official shall enforce the regulations and provisions set forth in the codes and the Oregon Administrative Rules as if the same were set forth herein.
A. The currently adopted Oregon Structural Specialty Code, including the appendices adopted by the state of Oregon and specifically adopting Appendices J and H, except as hereinafter specifically modified.
1. Those types of construction activities listed in Section 101.2 as outside of the authority of the Oregon Structural Specialty Code, but within the authority of municipalities to regulate by local ordinance. Such activities shall be subject to the relevant construction standards contained in the current Oregon Structural Specialty Code;
B. The currently adopted Oregon Mechanical Specialty Code;
C. The currently adopted Oregon Plumbing Specialty Code;
D. The currently adopted Oregon Residential Specialty Code; provided, however, that ORS 455.320 shall not be applicable;
E. The currently adopted Oregon Fire Code and referenced NFPA standards;
F. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published and copyrighted by the International Conference of Building Officials, is hereby adopted in its entirety, except as hereinafter specifically modified, to be hereinafter referred to as the Dangerous Building Code.
1. Section 203 is modified to read as follows:
Citations for violations shall be issued in conformance with Brookings Municipal Code Section 8.15.090; General abatement procedure, 8.15.100; Summary abatement and 1.05; Penalties.
2. Section 701.1 is modified by deleting the last sentence of the paragraph.
3. Section 901 is modified by substituting the term “City Manager or designee” for the term “public services director” and “finance and human services director” for the term “clerk.”
4. Section 902 is modified by substituting the term “finance and human services director” for the term “clerk.”
5. Section 903 is modified by substituting the term “finance and human services director” for the term “clerk.”
6. Section 905 is modified to read as follows:
905. Assessment. After the proceedings described in Section 904 of this code, the Municipal Court Judge may order that the said charge be imposed as a special assessment against the real property involved and cause the same to be entered in the docket of City liens and thereafter the said assessment shall constitute a lien against said property.
7. Sections 906, 908, 909, 910, 911 and 912 to be omitted;
G. The currently adopted Oregon Manufactured Dwelling Standards;
H. The currently adopted State of Oregon Parks and Camps Rules. [Ord. 20-O-788 § 2 (Exh. A); Ord. 14-O-733 § 2; Ord. 10-O-656 § 2; Ord. 07-O-588 § 2; Ord. 06-O-575; Ord. 96-O-349.D § 3; Ord. 93-O-349.C §§ 2 – 5; Ord. 90-O-349.B § 1; Ord. 90-O-349.A §§ 2, 3, 4; Ord. 86-O-408 § 2; Ord. 81-0-349 § 1.]
15.05.020 Violations – Penalties – Remedies.
A. No person, firm, corporation or other entity however organized 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 code.
B. Violation of a provision of this chapter shall be subject to an administrative civil penalty not to exceed the amounts shown in the penalty matrix to be adopted by resolution and shall be processed in accordance with the procedures set forth in this code.
C. Each day that a violation of a provision of this chapter exists constitutes a separate violation.
D. In addition to the above penalties, a condition caused or permitted to exist in violation of this chapter is a public nuisance and may be abated by any of the procedures set forth under law.
E. The penalties and remedies provided in this section are not exclusive and are in addition to other penalties and remedies available to the city under any ordinance, statute or law. [Ord. 10-O-656 § 2; Ord. 81-0-349 § 3.]
15.05.030 Authority to impose administrative civil penalty.
A. Upon a determination by the building official that any person, firm, corporation or other entity however organized has violated a provision of this chapter or a rule adopted thereunder, the building official may issue a notice of civil violation and impose upon the violator and/or any other responsible person an administrative civil penalty as provided by subsections (A) through (K) of 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 issuing an order to correct a violation under this section, the building official may pursue reasonable attempts to secure voluntary correction.
C. Prior to issuing a notice of civil violation and imposing an administrative civil penalty under this section, the building official shall issue an order to correct a violation to one or more of the responsible persons. 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 15 days.
D. 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 issue a notice of civil violation and impose an administrative civil penalty to each responsible person to whom an order to correct was issued.
E. Notwithstanding subsections (B) and (C) of this section, the building official may issue a notice of civil violation and impose an administrative civil penalty without having issued an order to correct violation or made attempts to secure voluntary correction where the building official determines that the violation was knowing or intentional or a repeat of a similar violation.
F. In imposing an administrative civil 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;
7. Any relevant rule of the building official.
G. Any notice of a civil violation that imposes an administrative civil penalty under this section 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. Every notice shall include:
1. Reference to the particular code provision, ordinance number, or rule involved;
2. A 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 (E) of this section, a 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 manager; a description of the process the party may use to appeal the civil penalty; and the deadline by which such an appeal must be filed.
H. Any person, firm, corporation or other entity however organized that is issued a notice of civil penalty may appeal the penalty to the city manager. The provisions of BMC 15.05.040 shall govern any requested appeal.
I. 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 manager pursuant to, and within the time limits established by, BMC 15.05.040.
J. Each day the violator fails to remedy the code violation shall constitute a separate violation.
K. 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; provided, that the city shall not issue a citation to municipal court for a violation of this chapter. [Ord. 10-O-656 § 2; Ord. 07-O-588 § 3; Ord. 81-0-349 § 4.]
15.05.040 Appeals procedures – Administrative.
A. A person, firm, corporation or other entity however organized aggrieved by an administrative action of the building official taken pursuant to any section of this code that authorizes an appeal under this section may, within 15 days after the date of notice of the action, appeal in writing to the city manager. The written appeal shall be accompanied by a $150.00 appeal fee and shall include:
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.
If a person, firm, corporation or other entity however organized appeals a civil penalty to the city manager, the penalty shall become final upon issuance of the city manager’s decision affirming the imposition of the administrative civil penalty.
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 subsection, 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 manager 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 manager shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the city manager deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The burden of proof shall be on the building official. The rules of evidence as used by courts of law do not apply.
E. The city manager shall issue a written decision within 10 days of the hearing date. The written decision of the city manager is final.
F. The appeal fee shall only be refunded to the appellant upon a finding by the city manager that the appeal was not frivolous.
G. Failure to pay a penalty imposed hereunder within 10 days after the penalty becomes final as provided in subsection (A) of this section shall constitute a violation of this code. Each day the penalty is not paid shall constitute a separate violation. The building official is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by BMC 15.05.050, other provisions of this code, or state statutes. [Ord. 14-O-733 § 2; Ord. 10-O-656 § 2; Ord. 81-0-349 § 5.]
15.05.045 Appeals – Code interpretation and application.
A. Board of Appeals. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the building codes, there shall be and is hereby created a board of appeals consisting of all members of the common council of the city of Brookings. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
B. Appeal Procedure. Any decision by the building official relating to the suitability of alternate materials and methods of construction may be appealed to the board of appeals in conformance with procedures provided herein. [Ord. 14-O-733 § 2.]
15.05.050 Unpaid penalties.
A. Failure to pay an administrative penalty imposed pursuant to this code within 10 days after the penalty becomes final shall constitute a violation of this code. Each day the penalty is not paid shall constitute a separate violation. The building official is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by subsection (B) of this section, other provisions of this code, or state statutes.
B. If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property, and the penalty remains unpaid 30 days after such penalty becomes final, the finance and human services director 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 finance and human services director 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. The lien shall be enforced in the same manner as all city liens. Interest shall commence from the date of entry of the lien in the lien docket.
C. In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to this code shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or certificates of occupancy. [Ord. 14-O-733 § 2; Ord. 10-O-656 § 2.]