Chapter 17.40


17.40.010    Definitions.

17.40.020    Disturbing a survey monument – Penalty cost.

17.40.030    Monuments disturbed by construction activities – Procedures – Requirements.

17.40.040    Enforcement.

17.40.050    Civil penalties and correction procedures.

17.40.010 Definitions.

The following definitions shall apply to this chapter:

(1) “Administrator” for this chapter is the director of development services.

(2) “Monument,” sometimes referred to as “survey monument,” is a permanent marker set by a land surveyor to mark or reference a point on a property or land line which is permanently marked or tagged with the certificate number of the land surveyor setting it. Monuments include a land boundary survey corner defined as a point on the boundary of any lot, tract, or parcel of real property; a controlling point for a plat; or a point which is permanently marked as above-described which has been designated as permanent by state law or city ordinance or is a General Land Office or a Bureau of Land Management survey corner.

(3) “Permanent marker” does not include survey markers made out of wooden stakes but does include, but is not limited to, markers made or constructed of rebar, concrete or metal plate so long as such marker otherwise meets the requirements of the definition of monument used herein.

(4) “Destruction” means the physical destruction, disturbance or covering of a monument such that the survey point is no longer there, visible or readily accessible.

(5) “Permittee” means the person who obtains the development permit.

(6) “Person” includes natural persons, corporations and other juridical entities having independent power to act with regard to property or persons.

(7) “Person responsible for the construction work” includes permittees who hold the permit for the construction work during which the monument was disturbed. (Ord. 1326 § 2, 2002; Ord. 1312 § 1, 2002).

17.40.020 Disturbing a survey monument – Penalty cost.

A person who intentionally disturbs a survey monument placed by a surveyor in the performance of the surveyor’s duties is guilty of a gross misdemeanor and is liable for the cost of the reestablishment. (Ord. 1326 § 3, 2002; Ord. 1312 § 2, 2002).

17.40.030 Monuments disturbed by construction activities – Procedures – Requirements.

(1) When a monument is disturbed during construction work and when adequate records exist as to the location of subdivision, tract, street, or highway monuments, such monument shall be located and referenced by or under the direction of a land surveyor at the time when construction or other activity affects their perpetuation.

(2) Whenever practical a suitable monument shall be reset in the surface of the new construction. In all other cases, permanent witness monuments shall be set to perpetuate the location of preexisting monuments. Additionally, sufficient controlling monuments shall be retained or replaced in their original positions to enable property corners, elevations and tract boundaries to be reestablished without requiring surveys originating from monuments other than the ones disturbed by the current construction or activity.

(3) It shall be the responsibility of those performing construction work or other activities to provide for the monumentation required by this section. (Ord. 1326 § 4, 2002; Ord. 1312 § 3, 2002).

17.40.040 Enforcement.

In addition to any other enforcement measures authorized by law or city ordinance, the designated administrators for any of the codes under OHMC Titles 11, 12, 13, 14, 16, 17, 18, 19 or 20 as now in effect or as hereafter amended may refuse to grant or approve a permit or finalize an inspection when a permanent survey monument is disturbed during construction authorized under the applicable permit or approval and has not been replaced or restored at the time for final inspection. The administrator may require as a condition for approval of any such permit, approval or finalization of inspection, the replacement of the monument disturbed by construction activity. (Ord. 1326 § 5, 2002; Ord. 1312 § 4, 2002).

17.40.050 Civil penalties and correction procedures.

(1) Civil Penalty. Any person violating or failing to comply with OHMC 17.05.030 shall be subject to a Class 1 infraction as defined in Chapter 1.28 OHMC. Each day of violation shall be a separate offense. In addition, permits authorizing construction work which was occurring when the monuments were destroyed may be suspended or revoked pending restoration of the monuments.

(2) Responsibility. The person primarily responsible for construction work resulting in loss of the survey monuments shall be the person obtaining the permit.

(3) Notice and Correction. It is directed that, when feasible, a correction notice shall be used in lieu of filing citations or complaints. It is recognized that a correction notice process may not be feasible (appropriate or workable) where the violation is intentional.

The correction notice process shall have the following elements:

(a) The administrator shall give written notice describing the violation and directing the person to cease violation or to correct the violation and giving a reasonable time limit to correct it.

(b) Notice may be served in person, by certified mail, postage prepaid, or by posting the notice at a visible location on or near the property; provided, that when posting the property, the permittee shall be personally served or sent a letter by certified mail, postage prepaid.

(c) The city and permittee may enter into an agreement to meet the conditions for restoration of the monument specified by the notice or agreement so as to allow finalization or approval on a construction permit.

(d) If the permittee does not achieve compliance by the date set forth in the notice, the city attorney, or his or her designee, may file a citation or complaint for each day of violation under OHMC 17.40.030.

(4) The civil liability under this section is supplemental to other authority under any other ordinances or codes of the city of Oak Harbor. (Ord. 1717 § 38, 2015; Ord. 1326 § 6, 2002; Ord. 1312 § 5, 2002).