CHAPTER 152
Building Regulations

Section

General Provisions

152.01    Definitions

152.02    Assumption of building inspection program; scope

152.03    Powers and duties of the Building Official; adoption of codes by resolution

152.04    Building permits

152.05    Use of alternative materials, designs, and methods; exceptions; modifications

152.06    Right of entry

152.07    Orders to disconnect

152.08    Expiration of building permits

152.09    Extensions; reinstatements

152.10    Work commenced without a building permit

152.11    Transfer of building permit

152.12    Permittee required inspections

152.13    Fire plan review; fees

152.14    Fees

152.15    Prohibited acts

152.16    Stop work orders; permit revocation; enforcement

152.17    Building Official: authority to impose administrative civil penalty

152.18    Appeal procedures

152.19    Short title

Moving Buildings

152.25    Moving permit required

152.26    Permit procedure

152.27    Inspection

152.28    Insurance required

152.29    Moving wires, trees and the like prohibited

152.30    Obstructions prohibited

152.31    Cancellation of permits

152.99    Administrative civil penalties; remedies

GENERAL PROVISIONS

152.01 DEFINITIONS.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

BUILDING CODE means those provisions of the State Building Code, and any modifications thereof, adopted by the city pursuant to ORS 455.040(1), that are part of the building inspection program administered and enforced by the city, and the provisions for moving buildings.

BUILDING INSPECTION PROGRAM means the administration and enforcement of the Building Code pursuant to ORS 455.148 or 455.150.

BUILDING OFFICIAL means the head of the Building Department and Community Development for the city, or the Building Official’s designee.

PERMITTEE means the person holding any permit authorized by this chapter, or that person’s authorized representative.

PERSON has the meaning given that term in § 10.05.

STATE BUILDING CODE includes, but is not limited to, the specialty codes of the State of Oregon administered and enforced by the city: Oregon Structural Specialty Code, Oregon Residential Specialty Code, Oregon Mechanical Specialty Code, Oregon Plumbing Specialty Code, Oregon Electrical Specialty Code, Oregon Energy Efficiency Code and the Oregon Manufactured Home Specialty Code.

(Ord. 2269, passed 11-13-18)

152.02 ASSUMPTION OF BUILDING INSPECTION PROGRAM; SCOPE.

(A)    Pursuant to ORS 455.148 or 455.150, and through the provisions of this chapter, the city hereby implements and assumes a building inspection program for the city, which shall be comprised of the administration and enforcement of the Building Code.

(B)    Except as otherwise provided in this chapter, the building inspection program shall be administered and enforced according to the procedures set forth in the State Building Code.

(C)    If there is a conflict between any provision of the State Building Code and any provision of this chapter, the provision adopted pursuant to ORS 455.040(1) shall govern.

(Ord. 2269, passed 11-13-18)

152.03 POWERS AND DUTIES OF THE BUILDING OFFICIAL; ADOPTION OF CODES BY RESOLUTION.

(A)    Building inspection shall be under the administrative and operational control of the Building Official. The Building Official shall attend to all aspects of code enforcement, including the issuance of all building permits and permits for moving buildings. The Building Official shall have the power to render written and oral interpretations of the state and city codes and to adopt and enforce administrative procedures in order to clarify the application of their provisions. The interpretations, rules and regulations shall be in conformance with the intent and purposes of the state and city codes. The Building Official is hereby authorized to issue citations for violations of this chapter.

(B)    The codes which are to be administered and enforced as part of the city’s building inspection program shall be adopted by resolution of the Council or by ordinance. Codes may be adopted by reference. A copy of the resolutions and ordinances adopting the code(s) and the code(s) adopted thereby will be kept on file in the Building Department.

(Ord. 2036, passed 5-21-01; Am. Ord. 2061, passed 11-4-02; Am. Ord. 2269, passed 11-13-18)

152.04 BUILDING PERMITS.

(A)    A person shall obtain a building permit before undertaking, or causing to be undertaken, any work for which a permit is required under any provision of the Building Code.

(B)    The application for a permit and plans, specifications, computations and other data filed by an applicant for a building permit shall be reviewed by the Building Official and may be reviewed by other departments of the city to verify compliance with the Building Code and any other applicable laws. If the Building Official finds that the work described in an application for a permit and the plans, specifications, computations and other data filed therewith conform to the requirements of the Building Code and any other applicable laws, and that all required fees have been paid, the Building Official shall issue a building permit to the applicant.

(C)    An application for a building permit shall be deemed abandoned 180 days after the date of filing, unless the applicant continues to pursue the application in good faith. The Building Official may grant not more than one extension, for an additional period not to exceed 180 days. The applicant must request the extension, in writing, setting forth good and sufficient cause for the extension to the satisfaction of the Building Official before the date the application is deemed abandoned pursuant to this subsection.

(D)    If plans and specifications are required for the issuance of a building permit, the Building Official shall, at the time the permit is issued, approve the plans and specifications by endorsement in writing or official stamp. All work shall be done in accordance with the approved plans and specifications, and shall not be changed, modified or altered without prior authorization from the Building Official.

(E)    One set of approved plans and specifications shall be retained by the Building Official for the period specified under rules promulgated by the Oregon State Archivist, and one set of approved plans and specifications shall be returned to the applicant and kept on the work site at all times while the work authorized by the building permit is in progress.

(F)    The Building Official may issue phased permits that allow for the construction of part of a building before the plans and specifications for the entire building have been submitted or approved, provided adequate information and detailed statements have been filed with the Building Official that comply with all applicable requirements of the Building Code. The holder of a phased permit shall not, by virtue of a permit issued for any single phase, have any guarantee that plans and specifications for subsequent phases will be approved, or that permits for subsequent phases will be issued.

(G)    The approval of plans and specifications or the issuance of a building permit shall not be construed or deemed to be approval of, or a permit for, any construction, work or activity that violates any of the provisions of the Building Code, any other provision of the Hermiston Municipal Code or any other federal, state or local law, statute, rule, regulation or ordinance.

(H)    The issuance of a building permit shall not prevent the Building Official from requiring correction of errors in plans and specifications, or from issuing a stop work order or undertaking enforcement action if any work being carried on violates the Building Code or any other provision of the Hermiston Municipal Code, or any other federal, state or local law, statute, rule, regulation or ordinance.

(Ord. 2042, passed 9-24-01; Am. Ord. 2060, passed 8-12-02; Am. Ord. 2061, passed 11-4-02; Am. Ord. 2269, passed 11-13-18)

152.05 USE OF ALTERNATIVE MATERIALS, DESIGNS, AND METHODS; EXCEPTIONS; MODIFICATIONS.

(A)    The Building Official may authorize the use of alternative materials, designs or methods of construction provided the material, design or method is, for the purpose intended, the equivalent in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation to the materials, designs or methods prescribed by the Building Code and the use otherwise complies with the provisions of the Building Code. Any person seeking to use alternative materials, designs or methods shall first establish to the satisfaction of the Building Official that the alternative materials, designs or methods are equivalent to those prescribed by the Building Code. The Building Official shall document, in writing, the details of the approval of any such alternative materials, designs or methods prior to the issuance of a building permit.

(B)    The Building Official may authorize exceptions to the Building Code, if the Building Official determines that there are substantial practical difficulties in carrying out the provisions of the Building Code, that the exception does not lessen any fire protection requirement or lessen the structural integrity of the building, and the proposed construction will satisfy the intent and purpose of the Building Code. The Building Official shall document in writing that the exception meets the criteria set forth in this subsection before the issuance of a building permit.

(C)    If the Building Official determines that an applicant has provided insufficient evidence to authorize the use of any alternative material, method or design, or to support the exception, the Building Official shall deny the request for the use of the alternative material, method or design, or the exception, or may require tests prior to making the determination, to be made at the applicant’s sole cost and expense. Any such test shall be performed by a testing agency approved by the Building Official. Reports of such tests shall be retained by the Building Official for the period required for the retention of such public records.

(Ord. 2269, passed 11-13-18)

152.06 RIGHT OF ENTRY.

(A)    When the Building Official deems it necessary to make an inspection to enforce the Building Code, or when the Building Official has reasonable cause to believe a condition exists in a building or on a premises that is in violation of the Building Code or that otherwise makes the building or premises unsafe, dangerous or hazardous, the Building Official may, in accordance with this section, enter the building or premises at reasonable times to make inspections or to perform other duties imposed under the Building Code.

(B)    If the building or premises is occupied, the Building Official shall first present the Building Official’s credentials to the occupant and request entry. If entry is refused, the Building Official may use any other lawful means to obtain entry.

(C)    If the building or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person with control of the building or premises and request entry. If entry is refused, the Building Official may use any other lawful means to obtain entry. If the Building Official is unable, after making a reasonable effort, to locate the owner or other person with control of the building or premises, the Building Official may enter the building or premises, but shall, as soon as is practicable, document the efforts made to locate the owner or other person, and inform the owner or other person of the entry.

(Ord. 2269, passed 11-13-18)

152.07 ORDERS TO DISCONNECT.

(A)    The Building Official may order any fuel-gas or utility disconnected from a building or premises and may cause such fuel-gas or utility to be disconnected, when the Building Official determines the continued connection poses a potential or imminent hazard to life, health, or property. The Building Official shall, if possible, provide 24-hour written notice of the order to disconnect to the utility, to the owner and the occupants of the building or premises; if 24-hour notice is not possible or if providing notice would result in a delay that would unduly endanger life, health or property, the Building Official may cause disconnection to occur without notice, but shall provide written notice to the utility, the owner and occupants of the building or premises as soon as practicable. No person may use a building or premises, or part thereof, after receiving an order pursuant to this subsection.

(B)    When the Building Official determines any mechanical system or equipment regulated by the Building Code, or any part thereof, poses a potential or imminent hazard to life, health or property, the Building Official may order the system or equipment, or any part thereof, be removed from its location, be restored to a safe and sanitary condition or be disconnected, and may cause such system, equipment, or part thereof, to be disconnected. An order to remove and restore a system or equipment, or any part thereof, shall be in writing, shall contain the reasons for the order, and shall give the owner or person in charge of the building or premises a time certain within which compliance must occur. An order to disconnect a mechanical system or equipment, or part thereof, shall be in writing, shall contain the reasons for the order, and shall give the owner or person in charge of the premises and any utility necessary for the operation of the system or equipment 24 hours to disconnect the system or equipment, or part thereof, unless continued connection would unduly endanger life, health or property, in which case the Building Official may order, or cause, the immediate disconnection to occur. No person may use a mechanical system or equipment, or part thereof, after receiving an order pursuant to this subsection.

(C)    Any disconnection that is ordered or caused to be made by the Building Official pursuant to this section shall be at the sole cost and expense of the owner of the building or structure.

(Ord. 2269, passed 11-13-18)

152.08 EXPIRATION OF BUILDING PERMITS.

(A)    A building permit shall expire if the work authorized is not commenced within 180 days from the date the permit was issued, or if the work authorized is suspended or abandoned for a period of 180 days at any time after the work is commenced. Work shall not be considered suspended or abandoned if the permittee continues to undertake activities that are deemed by the Building Official to indicate an intent to complete the work, including, but not limited to, site preparation or the purchase of materials or services related to the work. The Building Official may require the permittee to document activity undertaken by the permittee that indicates an intent to complete the work.

(B)    A building permit shall expire 24 months after the date the permit was issued. If the work authorized by such permit has not received final inspection prior to the expiration date, all work shall cease, and a new permit shall be obtained for the value of the work remaining unfinished.

(C)    The Building Official may issue a building permit with a period exceeding 24 months if the applicant demonstrates the complexity or size of the work makes completing the work within 24 months impracticable or demonstrates other good cause why the work cannot be completed within 24 months. Any building permit issued for a period in excess of 24 months shall expire at the end of the period authorized by the permit. If the work authorized by such permit has not received final inspection prior to the expiration date, all work shall cease, and a new permit shall be obtained for the value of the work remaining unfinished.

(Ord. 2269, passed 11-13-18)

152.09 EXTENSIONS; REINSTATEMENTS.

(A)    Any permittee holding an unexpired building permit may apply for an extension of time to complete the work, when the permittee is unable to complete work within the time set forth in § 152.08. The Building Official may grant extensions of time for periods not to exceed 180 days upon written request by the permittee, demonstrating circumstances beyond the control of the permittee that prevented work from being completed within the time allowed by the permit, or any immediately prior extension thereof. The permittee shall pay an investigation fee at the time the request for extension is submitted.

(B)    The holder of an expired building permit may apply for a reinstatement of the permit. An expired permit may be reinstated if the permittee can establish the following criteria are met and pays a reinstatement fee, otherwise the permittee shall obtain a new permit, and pay the applicable permit fees. A permit may be reinstated if:

(1)    The Building Code and other laws enforced by the city have not been amended in any manner that affects the work authorized by the expired permit;

(2)    No changes have been made or will be made in the original plans and specifications for the work authorized by the expired permit; and

(3)    The permit expired less than one year prior to the date of the application to reinstate the permit.

(Ord. 2269, passed 11-13-18)

152.10 WORK COMMENCED WITHOUT A BUILDING PERMIT.

Whenever work for which a building permit is required has been commenced without a permit having first been obtained, a special investigation shall be made by the Building Official before a permit may be issued for the work. An investigation fee, in addition to the permit fee, shall be required whether or not a permit is subsequently issued. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of the Building Code, any other provision of the Hermiston Municipal Code, any other applicable law, or from any penalty prescribed by law.

(Ord. 2269, passed 11-13-18)

152.11 TRANSFER OF BUILDING PERMIT.

A building permit shall only be transferable when authorized by the owner of the property, in writing, and with the approval of the Building Official.

(Ord. 2269, passed 11-13-18)

152.12 PERMITTEE REQUIRED INSPECTIONS.

The permittee shall request all required inspections in a timely manner, shall provide access to the work site, and shall provide all equipment deemed necessary or appropriate by the Building Official to perform the inspection. The permittee shall not proceed with construction activity until authorized to do so by the Building Official. The permittee shall cause the work to remain accessible and exposed for inspection purposes. Any expense incurred by the permittee to remove or replace any material required for proper inspection shall be at the sole cost of the permittee.

(Ord. 2269, passed 11-13-18)

152.13 FIRE PLAN REVIEW; FEES.

The Building Official shall forward to the Fire Code Official all plans accompanying applications for building permits for work to be performed that requires a certificate of occupancy under the Oregon Structural Specialty Code. The Fire Code Official shall cause those plans to be inspected for compliance with the provisions of the Oregon Structural Specialty Code and Oregon Fire Code. Fire plan review shall be in addition to any other plan review required by the Oregon Structural Specialty Code. The fee for plan review under this section shall be an additional fee as required by the state of Oregon.

(Ord. 2269, passed 11-13-18)

152.14 FEES.

Fees charged under the Building Code shall be in the amounts established by resolution of Council and as required by the state of Oregon. Fees charged under the provisions for moving buildings shall be in the amounts established by resolution of Council.

(Ord. 2269, passed 11-13-18)

152.15 PROHIBITED ACTS.

(A)    No person shall make a connection to or from an energy, fuel, or power supply, or any equipment regulated by the Building Code that has been disconnected or ordered disconnected by the Building Official, until the Building Official specifically authorizes the reconnection or use of such equipment.

(B)    No owner shall allow any building, or any part thereof, to be in an unsafe or unsanitary condition, or to allow any devices or safeguards which are required by the Building Code to be maintained in a manner not in conformance with the Building Code in effect on the date when installed.

(C)    No person shall perform or cause to be performed work for which a building permit is required under any provision of the Building Code without first obtaining a permit.

(D)    No person applying for a building permit required by the Building Code shall knowingly make any false, incomplete, or misleading statements on the application.

(E)    No person shall violate any provision of the Building Code.

(F)    No person shall disobey any lawful notice or order of the Building Official.

(G)    No person shall fail or refuse to obtain a building permit when a building permit was originally required by law, and the Building Official requires that a building permit be obtained in order to cure the original violation.

(H) A violation of this section is subject to a civil penalty.

(Ord. 2269, passed 11-13-18)

152.16 STOP WORK ORDERS; PERMIT REVOCATION; ENFORCEMENT.

(A)    Stop work orders. When any work is being done contrary to the provisions of the Building Code or other laws, ordinances or regulations adopted to enforce the Building Code, or to a permit or orders issued hereunder, the Building Official may issue a stop work order that the person cease and desist all such violations and commanding the person to immediately comply with all requirements of this chapter or the requirements of the permit or order; and take such appropriate remedial or preventive action as may be needed to properly address the violation, including halting operations and undertaking corrective action. The Building Official may order the work stopped by written notice served on any person or persons doing or causing such work to be done. Upon receipt of such notice, the person doing or causing such work to be done shall immediately cease such work, until such time as an authorization to proceed is issued by the Building Official.

(B)    Suspension or revocation of permit.

(1)    The Building Official may suspend work or revoke a permit issued under this chapter whenever it appears that:

(a)    The permit was issued in error;

(b)    The work is not authorized by a valid permit;

(c)    Inaccurate, incomplete, or fraudulent information was used to obtain the permit;

(d)    The permit was issued in violation of any law or regulation, or the activity authorized by the permit is in violation of any law or regulation;

(e)    The applicant is not complying with the terms of the permit, or the work being performed is beyond the scope of work authorized by the permit, or is violating the provisions of this chapter or other applicable law; or

(f)    The work is, or threatens to become, a hazard to property or public safety; is adversely affecting or about to adversely affect adjacent property or rights-of-way, a drainage way, waterway, wetlands, fish or wildlife habitat, or a storm water facility; or is otherwise adversely affecting the public health, safety, or welfare.

(2)    The Building Official shall issue a written notice specifying the nature of the violation or problem which must be remedied prior to resuming other work on the project.

(C)    Orders to vacate. Whenever any building, premises, mechanical system or equipment regulated by the Building Code, or part thereof, is used contrary to the provisions of the Building Code, the Building Official may order such use discontinued and the building and premises, or part thereof, vacated.

(D)    Persons violating responsible for restoring. Persons violating this chapter, or a permit issued hereunder, shall be responsible for restoring damaged areas in conformance with a plan approved by the Building Official which provides for repair of any environmental or property damage and restoration of the site. The plan shall result in conditions upon the site which, to the greatest extent practical, equal the conditions that would have existed had the violation not occurred, as verified by a certified professional.

(Ord. 2269, passed 11-13-18)

152.17 BUILDING OFFICIAL: AUTHORITY TO IMPOSE ADMINISTRATIVE CIVIL PENALTY.

(A)    In addition to, and not in lieu of, any other enforcement mechanism authorized by this code, upon a determination by the Building Official that any person has violated a provision of this chapter or a rule adopted thereunder, the Building Official may issue a notice of civil penalty 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)    Before issuing a notice of civil penalty and imposing an administrative civil penalty under this section, the Building Official shall pursue reasonable attempts to secure voluntary correction.

(C)    Before issuing a notice of civil penalty 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 not less than five calendar 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 or persons to whom an order to correct was issued.

(E)    Notwithstanding subsections (B) and (C) of this section, the Building Official may issue 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 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 rule of the Building Official.

(G)    The notice of a civil penalty shall either be served by personal service or by 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 specific code provision, ordinance number, 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 (E) of this section, 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 Manager or the Manager’s designee.

(H)    Any person who is issued a notice of civil penalty may appeal the penalty to the Code Hearing Officer. The provisions of § 136.31 et seq. shall govern any requested appeal hearing.

(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 Code Hearing Officer pursuant to, and within the time limits established by, § 136.32. If the responsible person appeals the civil penalty to the Code Hearing Officer the penalty shall become final, if at all, upon issuance of the Code Hearing Officer’s decision affirming the imposition of the administrative civil penalty.

(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.

(L)    Failure to pay an administrative penalty imposed pursuant to this code within 14 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 (M) of this section, other provisions of this code, or state statutes.

(M)    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 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. The lien shall be enforced in the same manner as all city liens. Interest of nine percent per annum shall commence from the date of entry of the lien in the lien docket.

(N)    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. 2269, passed 11-13-18)

152.18 APPEAL PROCEDURES.

(A)    A person aggrieved by an administrative action of the Building Official taken pursuant to a section of this code authorizing an appeal under this section may, within 15 days after the date of notice of the action, appeal in writing to the Building Official. The appeal shall be accompanied by an appeal fee as established by resolution of the City Council and 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. Except as provided in subsection (C) of this section, the appeal fee is not refundable.

(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 Code Hearing Officer and such appeal shall be in accordance with the procedures and under the conditions set forth in Chapter 136.

(Ord. 2269, passed 11-13-18)

152.19 SHORT TITLE.

§§ 152.01 through 152.19 shall be known and may be cited as "Building Regulations" and may also be referred to herein as "this chapter."

(Ord. 2269, passed 11-13-18)

MOVING BUILDINGS

152.25 MOVING PERMIT REQUIRED.

(A)    No person, firm, or corporation shall move any building or a part of any building within the city without first obtaining a moving permit from the Building Official; provided, however, that this section will not apply when moving a building within the confines of a lot or contiguous lots when not necessary to move the same over public property, public streets or alleys, or property belonging to another person, firm, or corporation.

(B)    In addition to the permit to move the building, the applicant, contractor, or owner shall be required to obtain a building permit for any construction required to relocate the building within the city limits, and to bring the construction of the building up to the requirements for a new building in the same location within 60 days from the time that the permit is issued.

(C)    The applicant shall at the time of applying for each moving permit, submit to the Building Inspector a letter or other written notification from the public utilities companies and/or others stating that they have been informed and have approved the proposed route. The Building Inspector shall personally examine the route proposed and the application for the permit shall be made at least 48 hours before the proposed moving date, holidays, Saturdays and Sundays excluded.

(Ord. 615, passed 2-28-68; Am. Ord. 2269, passed 11-13-18) Penalty, see § 152.99

152.26 PERMIT PROCEDURE.

Any person desiring a permit required by the preceding section shall file a written application with the Building Official, which application shall set forth the size and dimensions of the building to be moved, the time when the applicant desires to move the building, the location of the building, the location to which it will be moved, and shall designate the streets, avenues, or alleys through, over, and along which the building shall be moved and other information as the Building Official may require. An inspection fee in an amount established by resolution of the City Council shall be paid at the time of the application on each permit. All permits shall be issued only upon the personal application of the permittee.

(Ord. 615, passed 2-28-68; Am. Ord. 2269, passed 11-13-18)

152.27 INSPECTION.

The Building Official shall inspect the building to be moved, and if he or she finds that the building is of substantial construction and in a condition that it may be moved without collapsing or falling apart and further finds that the building is designed and adaptable for the purpose, use or occupancy to which it is proposed to be put the same at the new location, and that it conforms to the requirements of the Building and Zoning codes at the new location, then he or she shall approve the permit application. He or she shall further determine that the applicant has safe and sufficient equipment and facilities for moving the building. In addition the Building Official shall require compliance with all provisions of this chapter before issuing a moving permit.

(Ord. 615, passed 2-28-68; Am. Ord. 2269, passed 11-13-18)

152.28 INSURANCE REQUIRED.

(A)    Before the permit is issued, the applicant shall obtain insurance with an insurance company acceptable to the Building Official with sufficient insurance coverage to meet or exceed the limitations on liability of local public bodies for personal injury, death, and property damage or destruction as identified in ORS 30.271(4), 30.272(4), and 30.273(3).

(B)    The applicant shall post a surety bond in the amount of $10,000 executed by a corporate surety authorized to transact surety business in the state conditioned among other things that the applicant will conform to all requirements relating thereto; that he will promptly repair or pay any and all damages or injury which may result from his moving operations within the city; and to hold the city harmless from any claim or liability by or because of the issuance of a permit.

(Ord. 615, passed 2-28-68; Am. Ord. 2269, passed 11-13-18) Penalty, see § 152.99

152.29 MOVING WIRES, TREES AND THE LIKE PROHIBITED.

The issuing of a moving permit shall not be construed to authorize the holder thereof to move or remove any utility poles, wires, trees, traffic signals or signs or other public or private property without first obtaining permission from the owner thereof. If, in moving a building, damage is inflicted upon any public or private property, repairs or restitution shall be promptly made to the satisfaction of the owner.

(Ord. 615, passed 2-28-68) Penalty, see § 152.99

152.30 OBSTRUCTIONS PROHIBITED.

While moving a building, sufficient passage way for vehicles upon one or both sides of the building shall be maintained upon any street, avenue, or alley, or provide a detour which is adequate to handle the existing traffic, and that the detour shall be approved by the Police Department. Movements shall not be permitted during peak traffic hours, during hours of darkness, storm, or unsafe driving conditions.

(Ord. 615, passed 2-28-68) Penalty, see § 152.99

152.31 CANCELLATION OF PERMITS.

Any permit granted hereunder may be cancelled at any time by the Building Official upon proof satisfactory to it that the permittee has violated any of the terms of the permit, or that the permit was obtained through misrepresentation in the application therefor, or when in the judgment of the Building Official the public interest requires cancellation.

(Ord. 615, passed 2-28-68; Am. Ord. 2269, passed 11-13-18)

152.99 ADMINISTRATIVE CIVIL 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 chapter.

(B)    Violation of a provision of this chapter shall be subject to an administrative civil penalty not to exceed more than $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense and shall be processed in accordance with the procedures set forth in this chapter.

(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 the city code of ordinances, state statutes or federal law.

(Ord. 615, passed 2-28-68; Am. Ord. 1632, passed 6-22-87; Am. Ord. 2061, passed 11-4-02; Am. Ord. 2269, passed 11-13-18)