Chapter 17.26


17.26.010    Title.

17.26.100    Purpose.

17.26.105    Scope.

17.26.110    Application to properties – New and existing structures – Changes of use.

17.26.115    Details for plans and specifications.

17.26.120    Fees for plan review and inspection.

17.26.210    Liability limitations.

17.26.220    Penalties.

17.26.230    Severability.

17.26.240    Hearing examiner to function as appeals board.

17.26.010 Title.

This chapter shall be known as the low impact development building standards of the city of Oak Harbor. (Ord. 1784 § 33, 2016).

17.26.100 Purpose.

The purpose of this chapter is to safeguard life, health, property and public welfare by ensuring compatibility between the stormwater management practices as outlined in OHMC Title 12, Chapter 12.30 OHMC and the provisions of OHMC Title 17. (Ord. 1784 § 33, 2016).

17.26.105 Scope.

The provisions of this chapter shall apply to all properties and all buildings or structures constructed or placed in use for human occupancy on sites as regulated under Chapter 12.30 OHMC. This chapter is intended to supplement the provisions of the International Building Code, International Residential Code, and the International Property Maintenance Code. In the case of conflict between this chapter and any other applicable codes the more restrictive requirements shall be met. (Ord. 1784 § 33, 2016).

17.26.110 Application to properties – New and existing structures – Changes of use.

Consistent with the minimum requirements contained in OHMC 12.30.210, the building official shall provide comments to the city engineer for approval or disapproval regarding the following activities, unless exempted in OHMC 12.30.220:

(1) New Development.

(a) Land-disturbing activities;

(b) Structural development, including construction, installation or expansion of a building or other structure;

(c) Creation or replacement of impervious surfaces.

(2) Redevelopment on an Already Developed Site. Refer to thresholds in OHMC 12.30.515. (Ord. 1784 § 33, 2016).

17.26.115 Details for plans and specifications.

The plans and specifications provided for review shall show in sufficient detail all pertinent data and features of the property, buildings and appurtenant improvements as herein governed, including, but not limited to, types, sizes, quantities, systems, controls, plantings, surfaces, porosity and other pertinent data to indicate conformance with the requirements herein. (Ord. 1784 § 33, 2016).

17.26.120 Fees for plan review and inspection.

The building official is authorized to collect fees for plan review, construction inspection and property maintenance inspection for low impact development activities. These fees shall be established by resolution of the city council. The International Property Maintenance Code shall be administered and enforced by the city building official. (Ord. 1784 § 33, 2016).

17.26.210 Liability limitations.

Nothing contained in this chapter or in the International Existing Building Code is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure of a property or structure to conform to the provisions of the low impact development standards. (Ord. 1784 § 33, 2016).

17.26.220 Penalties.

(1) It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this chapter or the technical codes.

(2) Civil Violation. Except as provided in subsections (4) and (5) of this section, any violation of any of the provisions of this chapter or of the technical codes constitutes a Class 1 infraction as defined in Chapter 1.28 OHMC.

(3) Criminal Penalty. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who intentionally or knowingly violates any of the provisions of this chapter or the technical codes shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine of up to $1,000 or a jail sentence of up to 90 days in jail, or both such fine and jail time.

(4) Violations of Orders under This Chapter. Any person constructing, repairing, operating, maintaining, changing an occupancy, occupying or moving a building, structure, occupancy, or premises contrary to the provisions of this chapter who continues to construct, repair, operate, maintain, change occupancy, occupy or move such building, structure, occupancy or premises when ordered by the building official to desist from violating a provision or provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of up to $1,000 or a jail sentence of up to 90 days, or both such fine and jail time.

(5) Separate Offense. Each day or portion thereof upon which a violation occurs constitutes a separate offense under subsections (1), (2), (3) and (4) of this section.

(6) Destruction of Notice. It shall be unlawful for any person to remove, mutilate, destroy or conceal any notice issued and posted by the building official pursuant to the provisions of this chapter or the building code, which violations shall be a Class 1 infraction as defined in Chapter 1.28 OHMC. (Ord. 1784 § 33, 2016).

17.26.230 Severability.

Should any section, paragraph, sentence or word of this chapter or codes hereby adopted be declared for any reason to be invalid, it is the intent of the city council that it would have passed all other portions of this chapter and of the codes hereby adopted independent of the elimination herefrom of any such portions as may be declared invalid and accordingly such declaration of invalidity shall not affect the validity of this chapter as a whole nor any part hereof other than the part so declared to be invalid. (Ord. 1784 § 33, 2016).

17.26.240 Hearing examiner to function as appeals board.

All references to the term “board of appeal(s)” shall deem to mean the hearing examiner as per OHMC 18.40.180. Permits under this chapter shall be Type I review process as per OHMC 18.20.230. Appeals of decisions of applicable codes adopted under this chapter shall be to the hearing examiner. (Ord. 1784 § 33, 2016).