Chapter 15.05 GENERAL PROVISIONS

(1) There is hereby established an international and specialty codes inspection program for the city of Coos Bay, which shall be comprised of the following building codes inspection programs:

(a) 2007 Oregon Fire Code (International Fire Code);

(b) 2007 Oregon Structural Specialty Code;

(d) 2008 Oregon Residential Specialty Code;

(e) 2002 Oregon Manufactured Dwelling and Park Specialty Code;

(f) Substandard Building Code;

(g) Dangerous Building Code.

(2) User Fees. The city council shall establish by resolution a fee schedule for each building code inspection category. The fees so established shall make the program self-sufficient, and shall be based on actual ICC valuation tables and updated on a yearly basis to reflect changes in the ICC table.

(3) Annual Review. The city council, prior to adopting the city of Coos Bay budget, shall review each fee schedule annually and shall revise each schedule to ensure adequate revenues are generated from the collection of user fees to pay the costs of operating and maintaining the building codes inspection program.

(4) Dedicated Fund. All revenues collected by the building codes inspection program shall be dedicated to funding the program, and will be placed in a dedicated fund created for that purpose.

(5) Short Title. This title shall be referred to as the international and specialty code of the city of Coos Bay. [Ord. 405 § 1, 2008].

15.05.020 Emergency clause.

Because prompt and continuous administration and enforcement of international and specialty codes is necessary for the peace, health, and safety of the people of the city of Coos Bay, an emergency is declared to exist, and this international and specialty code shall be effective upon the passage of the ordinance codified in this title. [Ord. 405 § 3, 2008].

15.05.030 Severability.

All international and specialty codes used by this jurisdiction will automatically update upon adoption by the state of Oregon. The sections and subsections of this code are severable. The invalidity of any one section or subsection shall not affect the remaining sections and subsections. [Ord. 405 § 4, 2008].

15.05.040 Definitions.

Except where the context otherwise clearly requires, as used in this code, the following mean:

“Building official” means the director of the community development department of the city of Coos Bay or his or her duly authorized representative.

“Chief of the bureau of fire prevention” means, except as required under CBMC 15.35.030, the fire chief.

“City” means the city of Coos Bay.

“Code” means Ordinance No. 405, “The International and Oregon Specialty Codes of the City of Coos Bay,” and any amendments hereafter adopted.

“Corporation counsel” means the city attorney for the city of Coos Bay.

“Director” means the director of the community development department of the city of Coos Bay or his or her duly authorized representative.

“Fire chief” or “chief” means the city of Coos Bay fire chief or his/her representative in charge.

“Fire department,” “bureau of fire prevention,” or “fire prevention division” means, except as required by CBMC 15.35.030, the fire department.

“Fire Marshal” means the Oregon State Fire Marshal, or other person appointed by the Fire Marshal to serve in that capacity.

Hearing Officer. The hearing officer will hear appeals taken from the administration of the city’s nuisance ordinance, land development ordinance, building codes ordinance (including substandard and dangerous buildings), and any other city ordinance.

“Inspecting jurisdiction” means the city of Coos Bay.

“Investigation fee” means as defined in the international and specialty codes used by this jurisdiction.

“Jurisdiction” means the city of Coos Bay.

“LPG,” “LP gas” or “liquefied petroleum gas” means any liquid composed predominately of any of the following hydrocarbons or mixtures of the same: propane, propylene, butane (normal or isobutene), and butylene.

“Owner” means the holder of legal or equitable title to property, or any person or entity acting as the agent of record for the holder of legal or equitable title.

“Person” means every natural person, firm, partnership, association or corporation, or other entity in law or fact.

“Work” is defined as a passing valid inspection, which proves progress has been made as defined by the code, as inspected by the city of Coos Bay or their representative. [Ord. 463 § 5, 2014; Ord. 405 § 5, 2008].

Article II. Administration and Enforcement

15.05.050 Code administration.

The city of Coos Bay shall provide for administration of all plan check, permit, and inspection programs adopted under this code and applicable to buildings and/or structures in the city of Coos Bay. Except as otherwise provided in this code, this chapter shall be the administrative and enforcement provisions for all international and specialty codes adopted by the city of Coos Bay. [Ord. 405 § 6, 2008].

15.05.060 Powers and duties of building official.

The building official shall enforce all the provisions of this code and shall have for such purposes the powers of a law enforcement officer. The building official shall have the authority to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions; provided, that such interpretations, rules, and regulations shall conform to the intent and purpose of this code. [Ord. 405 § 7, 2008].

15.05.070 Authority and corrective action.

In addition to any authority and power granted to the building official under the specific international and Oregon specialty codes adopted by this code, and except where inconsistent with other provisions of law, the building official may enforce the provisions of this code against any person regardless of whether a permit, certificate, license, or other form of authorization has been issued. The building official may investigate, order corrective action, and issue orders to stop any or all work not in compliance with any applicable provisions of this code. [Ord. 405 § 8, 2008].

15.05.080 Notice of noncompliance.

The building official shall have authority to file notices of noncompliance in the records of Coos County stating that a particular property is not in compliance with or in violation of this code. [Ord. 405 § 9, 2008].

15.05.090 Violations.

Any violation of this code constitutes a public nuisance. In addition to any other remedies provided for enforcement, the city may bring civil suit to enjoin the violation of any provision of this code. [Ord. 405 § 10, 2008].

15.05.100 Penalties.

Failure to comply with any provision of this code is a violation, and shall be subject to a penalty not to exceed $750.00 per violation. Each day that a violation persists after notice of the violation is provided to the owner shall constitute a separate and distinct violation. [Ord. 405 § 11, 2008].

Article III. Permit Extension, Renewal, Suspension and Revocation

15.05.110 Permit expiration.

Every permit issued by the city of Coos Bay under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the issue date of the permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days or more. [Ord. 405 § 12, 2008].

15.05.120 Permit extension.

Every permit issued by the city of Coos Bay will automatically extend the expiration date by a period of 180 days every time work as defined in this chapter is progressed through an inspection. This will apply to all permits issued to the associated address. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each on any unexpired permit with justifiable cause stated. [Ord. 405 § 13, 2008].

15.05.130 Permit reinstatement.

Any permit which has expired for 180 days or less may be reinstated upon request by the permittee for a fee equal to 50 percent of the original building permit, as long as no changes have been made to the original plans, specifications, or codes and subject to any conditions imposed in the original permit. Any permit which has expired for a period greater than 180 days will become null and void and a new permit application and all permit related fees paid in full. The permit must be issued prior to recommencing construction activity. [Ord. 405 § 14, 2008].

15.05.140 Permit suspension.

The building official may suspend any permit upon finding any of the following:

(1) The permittee’s activity presents a serious danger to public health or safety;

(2) The permittee has refused, prevented, interfered with, or otherwise obstructed any inspection required by this code;

(3) The permittee made inaccurate or misleading representations on the permit application;

(4) The permittee is failing to use required licensed contractors;

(5) The permittee is intentionally or negligently failing to comply with the requirements of this code or other city ordinance;

(6) For any other good cause shown.

Notice and order of suspension shall be provided by the building official, in writing, to the permittee, and shall state the specific reasons for suspension, along with a statement of the permittee’s right to appeal the building official’s action. Service may be by personal delivery or by certified or registered mail. [Ord. 405 § 15, 2008].

15.05.150 Permit revocation.

The building official shall revoke any permit upon finding the permittee made fraudulent or intentional misrepresentations on the permit application, lacks sufficient funds to cover the costs of the permit, or has engaged in any other actions which provide good cause for revocation.

The building official shall serve written notice of intent to revoke and an order of revocation on the permittee. Service may be by personal delivery or by certified or registered mail.

The notice of intent to revoke shall include a short and plain statement of facts sufficient to apprise the permittee of the basis of the building official’s action. The notice of intent to revoke shall contain a statement advising the permittee of a right to appeal the building official’s action as provided by this code. [Ord. 405 § 16, 2008].

Article IV. Fees

15.05.160 Establishment of fees and collection of fees and penalties.

Except as otherwise provided by this code, fees for plan review, permits, labels, and other services required by this code shall be established by resolution of the city council. Except as otherwise provided by this code, all fees and penalties shall be collected by the city. [Ord. 405 § 17, 2008].

15.05.170 Fees.

Except as otherwise provided by this code, when a plan or other data is submitted for review, a field review is requested, or a permit is requested to perform work, a plan review fee, or permit fee, or both, shall be paid at the time of submission, request, or application.

(1) Permit Fees. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the permit and plan review fees shall be the total value of all construction work for which the permit is issued as well as all finished work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing system and any other permanent equipment based on the International Code Council table.

(2) Plan Review Fees.

(a) When a plan or other data is required to be submitted, a plan review fee shall be paid at the time the plans and specifications are submitted for review. The plan review fee shall be equal to 65 percent of the building permit fee.

(b) When required, there shall be an additional plan review fee (fire, life, and safety) equal to 40 percent of the building permit fee.

(c) Plan review fees required by this section are separate fees from permit fees and shall be paid in addition to permit fees.

(d) When the applicant has submitted incomplete plans or has changed or amended the plans to such an extent that additional plan review is required, an additional plan review fee shall be charged.

(3) Investigation Fees. In addition to the permit fee, an investigation fee shall be collected, regardless of whether a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee which would be required by this code if a permit were issued. Payment of the investigation fee shall not exempt a person from compliance with any other provision of this code or from any penalty prescribed by law. [Ord. 405 § 18, 2008].

15.05.180 Fee refunds.

(1) A fee shall be refunded in full in the following circumstances:

(a) When dual payment has been received for one permit or plan review;

(b) When the city has no jurisdiction to inspect the work for which the permit was issued;

(c) When an applicant submits plans for review which do not show the required architect’s or engineer’s stamp, or a licensed supervising electrician’s stamp for electrical plans; provided, also, that the plans shall be returned.

The building official shall not authorize any refunds except on written application by the original permittee filed not later than 180 days after the date of payment of the fee.

(2) Fee refunds shall not be allowed under the following circumstances:

(a) An applicant obtains a permit but is unable or unwilling to proceed with the project;

(b) An applicant submits plans for review but is unable or unwilling to proceed with the project. [Ord. 405 § 19, 2008].

Article V. Appeals

15.05.190 Appeals hearing officer.

A hearing officer shall be appointed to hear and decide appeals of offers, decisions, or determinations made by the building official under this code. [Ord. 463 § 20, 2014; Ord. 405 § 20, 2008].

15.05.200 Powers and duties of the hearing officer.

(1) The hearing officer shall adopt written rules of procedure for conducting business. Copies of all rules shall be made freely accessible to the public by the building official. The hearing officer shall render all decisions and findings in writing. Copies of the decision shall be provided to the appellant and a duplicate copy shall be provided to the building official.

(2) The hearing official shall receive written appeals from the city recorder; schedule a hearing date and time with the city recorder; hold a hearing, receive oral and written testimony from the city and appellant; provide a recording of the proceeding; and issue a written order within 10 days following the hearing.

(3) The hearing officer shall enforce the code according to its terms and the rules, supplemental regulations, and interpretations of the building official. The hearing officer shall not waive any requirement of this code. If a provision of the code is ambiguous, the hearing officer shall obtain an interpretation of the provision from the Oregon Building Code Division. [Ord. 463 § 21, 2014; Ord. 405 § 21, 2008].

15.05.210 Appeals.

Any person aggrieved by an order, decision, or determination of the building official under Chapters 15.10 and 15.25 through 15.40 CBMC may appeal by filing a written notice of appeal at the office of the building official.

The notice of appeal shall be filed within 30 days from the date of the decision, determination or service of the order by the building official.

The notice of appeal shall contain the following:

(1) A brief statement setting forth the legal interest of each of the appellants in the building or the land subject to the order, decision or determination.

(2) A brief statement in simple and concise language of the specific decision, determination or order being appealed, together with material facts claimed to support the contentions of the appellant.

(3) A brief statement in simple and concise language of the relief sought and the reasons why it is claimed the order, decision or determination of the building official should be reversed, modified or otherwise set aside.

(4) The names of all parties designated as appellants and their official mailing addresses.

(5) Verification by the appellant or appellants by declaration under penalty of perjury of the truth of the matters stated in the notice of appeal.

Failure of any person to file a notice of appeal in accordance with the provisions of this code shall constitute a waiver of the right to administrative hearing and adjudication of any notice, order, decision or determination of the building official, or any portion thereof. [Ord. 405 § 22, 2008].

15.05.220 Hearing schedule.

As soon as practical after receiving a notice of appeal, the building official shall fix a date, time, and place for hearing, which shall be not less than 10 days nor more than 60 days from the date of the filing of the notice of appeal.

Written notice of the time and place for hearing shall be given to each person identified as an appellant in the notice of appeal at least 10 days prior to the date of the hearing, either by personal delivery of a copy of the notice to each appellant or by mailing a copy of the notice first class mail, postage prepaid, to the address of each appellant as set forth on the notice of appeal. [Ord. 405 § 23, 2008].

15.05.230 Scope of hearing on appeal.

Only those matters or issues specifically raised by the appellant in the notice of appeal shall be considered in the hearing on the appeal. [Ord. 405 § 24, 2008].

15.05.240 Further appeals.

An appeal from a decision of the hearing officer shall be as provided under state law. [Ord. 463 § 25, 2014; Ord. 405 § 25, 2008].