Chapter 15.15
COMPLIANCE AND ENFORCEMENT
Sections:
15.15.010 Creation of enforcement program.
15.15.020 Designated authority.
15.15.030 Powers and duties of building official.
15.15.070 Occupancy violations.
15.15.080 Authority to disconnect utilities.
15.15.090 Authority to condemn building service equipment.
15.15.100 Connection after order to disconnect.
15.15.130 Notice of violation.
15.15.140 Form of notices and orders.
15.15.160 Enforcing compliance.
15.15.170 Prosecution of violation.
15.15.180 Recording notice of substandard or nonconforming condition(s).
15.15.190 Transfer of ownership.
15.15.010 Creation of enforcement program.
As required by ORS 455.150(3), there is hereby established in this jurisdiction a code enforcement program which shall be under the administrative and operational control of the building official. [Ord. 2022-03 § 1 (Exh. A)].
15.15.020 Designated authority.
Whenever the term or title “administrative authority,” “responsible official,” “building official,” “Chief Inspector,” or other similar designation is used herein or in any of the technical codes, it shall be construed to mean the building official designated by the appointing authority of this jurisdiction, as per ORS 455.150(3). [Ord. 2022-03 § 1 (Exh. A)].
15.15.030 Powers and duties of building official.
A. The building official is authorized and directed to enforce all provisions of this title and the referenced technical codes. For such purposes, the building official shall have the powers of a law enforcement officer, including the power to issue citations for violations of this title and/or the State Building Code as permitted under ORS 455.153, to grant modifications, and to secure property based upon probable cause even though the violation is not committed in the building official’s presence.
B. Per ORS 455.148(3), the building official shall have the authority to render written and oral interpretations of this title and the referenced technical codes, and to adopt and enforce administrative procedures in order to clarify the application of its provisions. Such modifications, interpretations, rules, and regulations shall be in conformance with the intent and purpose of this title and the State Building Code.
C. For purposes of the State Building Code and the Eagle Point development code, in furtherance of public health, safety, and welfare, the building official shall have the authority to abate conditions which are contrary to, or in violation of, this title or the referenced technical codes, or which otherwise make the building or premises substandard, unsafe, dangerous, uninhabitable, or hazardous. [Ord. 2022-03 § 1 (Exh. A)].
15.15.040 Deputies.
In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint technical officers and inspectors, other employees, and contractors to carry out the functions of the enforcement of this title and the referenced technical codes. [Ord. 2022-03 § 1 (Exh. A)].
15.15.050 Right of entry.
A. When necessary to make an inspection to enforce the provisions of this title or the referenced technical codes, or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to, or in violation of, this title, or which otherwise makes the building or premises substandard, unsafe, dangerous or hazardous, the building official may enter said building or premises at reasonable times to inspect or to perform the duties imposed by this title.
B. The building official may request entry of said building or premises when there are reasonable grounds to believe the property is substandard, unsafe, dangerous, hazardous, or when there are reasonable grounds to believe that there has been work done that would otherwise require a permit. If such building or premises be occupied, credentials shall first be presented to the occupant and entry requested. If such building or premises are unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry.
C. If entry is refused or the owner cannot be located, the building official or any duly appointed representative of the city may appear before any judge empowered to issue warrants, including the municipal judge of the city of Eagle Point, and request such judge to issue an inspection warrant, directing it to any peace officer, as defined in ORS 161.015, to enter the described property to remove any person or obstacle and assist the building inspector or representative of the department inspecting the property in any way necessary to complete the inspection. [Ord. 2022-03 § 1 (Exh. A)].
15.15.060 Stop work orders.
When work is being done contrary to the provisions of this title, the State Building Code, or other pertinent laws or ordinances, including the Eagle Point development code, implemented through the enforcement of this title, the building official may order the work stopped by notice, in writing, served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until authorized by the building official to proceed with the work. [Ord. 2022-03 § 1 (Exh. A)].
15.15.070 Occupancy violations.
When a building, structure, premises, or building service equipment therein is being used contrary to the provisions of this title, the State Building Code, or the certificate of occupancy, the building official may order such use discontinued, and the structure or premises vacated, by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of notice to make the structure, premises, or portion thereof comply with the requirements of this title, the referenced codes, and the certificate of occupancy. [Ord. 2022-03 § 1 (Exh. A)].
15.15.080 Authority to disconnect utilities.
A. Where necessary to eliminate an immediate hazard to life or property, or enforce this title, the State Building Code, or the Eagle Point development code, the building official or the building official’s authorized representative shall have the authority to order the disconnection of a utility service supplied to a building, structure, premises, or building service equipment therein which is regulated by this title, the State Building Code, or the Eagle Point development code, or when necessary to eliminate a danger to public health, safety, or welfare.
B. The building official shall, whenever possible, notify the owner and/or the occupant(s) of the building, structure, premises, or building service equipment of the decision to disconnect prior to taking such action, and shall notify such owner and/or occupant of the building, structure, premises, or building service equipment, in writing, of such disconnection within a reasonable time thereafter. [Ord. 2022-03 § 1 (Exh. A)].
15.15.090 Authority to condemn building service equipment.
A. When the building official ascertains that building service equipment, or any portion thereof, regulated by this title or the technical codes, has become hazardous to life, health, or property, or has become unsanitary, the building official may order, in writing, that such equipment either be removed or restored to a safe or sanitary condition, as deemed appropriate by the building official. If it is determined that the equipment presents an immediate hazard to health, safety, or welfare, the building official may order it disconnected immediately. The written notice itself shall fix a time limit for compliance with such order. The use of such defective building service equipment shall not be maintained after receiving such notice.
B. When such equipment or installation is to be disconnected, a written notice of such disconnection and the causes therefor shall be given within a reasonable time thereafter to the owner and/or the occupant of such building, structure, or premises.
C. When any building service equipment is maintained in violation of this title, the technical codes, or a notice issued pursuant to the provisions of this section, the building official may institute appropriate action to prevent, restrain, correct, or abate the violation. [Ord. 2022-03 § 1 (Exh. A)].
15.15.100 Connection after order to disconnect.
Persons shall not make connections from an energy, water, fuel, or power supply, nor supply energy or fuel to building service equipment regulated by this title or the referenced codes which has been disconnected or ordered to be disconnected by the building official, or the use of which has been ordered to be discontinued by the building official, until the building official authorizes the reconnection and use of such equipment. [Ord. 2022-03 § 1 (Exh. A)].
15.15.110 Liability.
A. The building official or his/her deputies charged with the enforcement of this title and the technical codes, acting in good faith and without malice in the discharge of his/her duties, shall not thereby be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the building official or deputy because of such act or omission performed by the building official or deputy in the enforcement of the provisions of such codes or other pertinent laws or codes implemented through the enforcement of this title or enforced by the code enforcement agency shall be defended by the city of Eagle Point until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the city of Eagle Point.
B. This title shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling a building, structure, or building service equipment therein for damages to persons or property caused by defects, nor shall the city of Eagle Point be held as assuming such liability by reason of the inspections authorized by this title or permits or certificates issued under this title. [Ord. 2022-03 § 1 (Exh. A)].
15.15.120 Unlawful acts.
A. It shall be unlawful for a person, firm, or corporation to be in conflict with, or in violation of, any of the provisions of this title.
B. Nothing contained in this title shall impose any duty upon the city of Eagle Point, or any agent, official, or employee thereof, to abate, enjoin, prevent, or correct any defect, violation, or condition regulated or prohibited by this chapter. The city shall exercise discretion to determine whether any particular circumstance warrants or requires an official response. In making such determinations, the appropriate employees and officials shall consider all known facts and circumstances including, but not limited to, the likelihood of injury, the seriousness of the violation, the availability of city resources, both staff and financial, to address the concern, and direction from the city council. [Ord. 2022-03 § 1 (Exh. A)].
15.15.130 Notice of violation.
A. Whenever the building official determines that there has been a violation of the State Building Code, this title, or any provisions of the Eagle Point development code, or has grounds to believe that a violation has occurred, the building official may serve a correction notice in accordance with the State Building Code, or a stop work order in accordance with EPMC 15.15.060.
B. In instances of continued noncompliance regarding substandard or nonconforming conditions relating to buildings, premises, or structures, or in instances of dangerous buildings, premises, or structures, notice of violation and order shall be served in accordance with EPMC 15.15.140 and 15.15.150. [Ord. 2022-03 § 1 (Exh. A)].
15.15.140 Form of notices and orders.
Such notices and orders prescribed in EPMC 15.15.130 shall be in accordance with all of the following:
A. Be in writing;
B. Include a description of the real estate sufficient for identification;
C. Include a statement of the violation(s), a brief and concise description of the conditions found, and why the notice and/or order is being issued;
D. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the structure or premises into compliance with the provisions of this code;
E. Include a statement advising that if any required repair or demolition work is not commenced within the time specified, the building official will order the building vacated and posted to prevent further occupancy until the work is completed, and may proceed to cause the work to be done and charge the costs thereof against the property or its owner;
F. Include a statement of the city’s right to file a lien, in accordance with EPMC 15.20.030, and/or a notice of substandard or nonconforming conditions, in accordance with EPMC 15.15.180; and
G. Inform the property owner(s) or responsible party of the right to appeal and the appeal process. [Ord. 2022-03 § 1 (Exh. A)].
15.15.150 Method of service.
Such notices and orders shall be deemed to be properly served if a copy thereof is:
A. Delivered personally;
B. Sent by certified or first-class mail addressed to the last known address of the property owner(s) or responsible party;
C. Sent by certified or first-class mail addressed to the listed address of the property owners(s) or responsible party as shown by the records of the Oregon Department of Motor Vehicles, United States Post Office, county tax records, or other similar governmental source; or
D. If notice and/or order is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice and/or order. [Ord. 2022-03 § 1 (Exh. A)].
15.15.160 Enforcing compliance.
To enforce any of the requirements of this title, the State Building Code, or the Eagle Point development code, the building official may gain compliance by:
A. Instituting an action as set out in this chapter below;
B. Causing appropriate action to be instituted in a court of competent jurisdiction; or
C. Taking other action as the building official, in the exercise of the building official’s discretion, deems appropriate. [Ord. 2022-03 § 1 (Exh. A)].
15.15.170 Prosecution of violation.
Any person failing to comply with a notice of violation or order, served in accordance with EPMC 15.15.150, shall be deemed guilty of a misdemeanor, unless the city requests that the violation be treated as an infraction, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the building official may institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any abatement costs, including overhead, staff time, and other administrative costs incurred by the city, shall be charged against the real estate upon which the structure is located, and shall be a lien upon such real estate, as described in EPMC 15.20.030. [Ord. 2022-03 § 1 (Exh. A)].
15.15.180 Recording notice of substandard or nonconforming condition(s).
In instances of continued noncompliance with any provisions of this title, and after notice has been given by the building official regarding deficient, substandard, noncomplying or nonconforming condition(s) relating to the property, premises, or structures, the building official may, in addition to other remedies, record upon the title of the property a notice of substandard or nonconforming condition(s). Any such notice shall include a detailed description of the substandard or nonconforming condition(s) and may only be removed once the substandard or nonconforming condition(s) is/are abated. Enforcement costs shall be paid prior to any removal of liens or notices resulting from enforcement action. [Ord. 2022-03 § 1 (Exh. A)].
15.15.190 Transfer of ownership.
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. [Ord. 2022-03 § 1 (Exh. A)].
15.15.200 Penalties.
Any person or business entity which violates any term or provision of this title shall be subject to any or all of the following penalties:
A. Investigative Fee.
1. In case of work performed without permits, as required in this title and the State Building Code, such work shall be subject to the investigation fee(s) adopted pursuant to Chapter 15.06 EPMC, unless waived by the building official.
B. Civil Penalties.
1. In the case of a violation of this title or the State Building Code, each violation shall be subject to the following civil penalties:
a. First Offense. Where one or multiple violations are committed by a person, business, or corporation, a civil penalty up to $1,000 per violation shall be assessed. If the violation is corrected within the date(s) specified in the citation, a maximum of $750.00 of the civil penalty may be stayed. The stayed amount shall become due if additional violations occur within three calendar years from the date of the citation.
b. Second Offense. Where subsequent violation(s) by a person, business, or corporation occurs within three years of their first offense, a civil penalty of $2,500 per violation shall be assessed. If the violation is corrected within the date(s) specified in the citation, a maximum of $1,250 of the civil penalty may be stayed. The stayed amount shall become due if additional violations occur within three calendar years from the date of the citation.
c. Subsequent Offenses. Where subsequent violation(s) by a person, business, or corporation occurs within three years of their second offense, a civil penalty of $5,000 per violation shall be assessed. If the violation is corrected within the date(s) specified in the citation, a maximum of $2,500 of the civil penalty may be stayed. The stayed amount shall become due if additional violations occur within three calendar years from the date of the citation.
d. Continued Violations. Violations not corrected by the date specified in the notice of violation or the citation may be subject to an additional penalty of $1,000 per day, per offense.
e. Civil penalties for offenses under subsections (B)(1)(b) and (c) of this section are intended for new violation(s) of this title that occur after resolution of the preceding offense.
2. Violations Which Present an Imminent Life Safety Hazard.
a. In those cases where the building official determines that the violation presents an imminent risk of serious physical injury or death to any person, civil penalties shall be doubled. The civil penalty shall not exceed $5,000 per offense.
b. The civil penalty amount shall not be stayed.
3. In the case of a violation of EPMC 15.04.060(B) or the city of Eagle Point development code:
a. A civil penalty of $500.00 per violation shall be assessed. If the violation has been corrected within 10 working days of the issuance of the citation, the civil penalty may be reduced to $250.00 per violation.
b. Repeat Violations. In the case of subsequent violations of this title by the same person, business, or corporation within 12 consecutive months, the civil penalty for each subsequent violation shall be doubled. The doubled penalty amount will remain due even if correction is achieved within 10 working days.
C. Hearings.
1. Civil penalties related to this title and the State Building Code shall be subject to the noticing and hearings requirements of ORS chapter 183. For the purpose of this section, “hearings officer” shall mean the city manager, or their delegate; and the “court of appeal” shall mean the Eagle Point municipal court.
2. In the case of a violation of EPMC 15.04.060(B) or the Eagle Point development code, the violation procedures of Chapter 1.16 EPMC will apply.
D. Application of Collected Cost Recovery and Penalties.
1. When abatement of a violation is resolved without issuing a citation, all funds collected by the city pursuant to this section will be paid to such accounts as the city may maintain for the support of the city building department.
2. When abatement of a violation is achieved by issuing a citation, 30 percent of the funds collected by the city pursuant to this section will be paid to the court for overhead costs, and the remaining 70 percent will be paid to building department accounts.
E. The penalties provided herein are in addition to any other remedies available. The imposition of the penalties herein shall not preclude the building official from instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises.
F. Every day, or portion thereof, during which any violation of any provision of this title is committed, continued or permitted, may be a separate offense. [Ord. 2022-03 § 1 (Exh. A)].