Chapter 15.05
SPECIALTY CODES
Sections:
15.05.011 Adoption of standards for retaining walls.
15.05.012 Expiration of building permits.
15.05.013 Extensions – Reinstatements.
15.05.020 Local interpretation.
15.05.040 Investigative authority and corrective action of building official and inspector.
15.05.050 Violations and penalties.
15.05.060 Building official – Authority to impose administrative civil penalty.
15.05.010 Adoption of codes.
The city of Junction City adopts the following codes by reference, and each code is incorporated and made a part of this chapter, except as specifically provided by this section:
A. The currently adopted State of Oregon Structural Specialty Code.
B. The currently adopted State of Oregon Mechanical Specialty Code.
C. The currently adopted State of Oregon Residential Specialty Code.
D. The currently adopted State of Oregon Plumbing Specialty Code.
E. The currently adopted State of Oregon Electrical Specialty Code.
F. The currently adopted Oregon Manufactured Dwelling Specialty Code.
G. The currently adopted Oregon Manufactured Dwelling Specialty Code. Permit required: No person shall work on any new or altered mobile home park for which a permit has not been issued by the city.
H. The currently adopted Oregon Manufactured Dwelling and Park Specialty Code. Permit required: No person shall work on any new or altered recreational park for which a permit has not been issued by the city.
I. The currently adopted state of Oregon regulations governing recreation parks and organizational camps. Permit required: No person may establish or enlarge the facilities of any recreation park or organizational camp or do any construction within the recreation park or organizational camp or cause the same to be done for which a permit has not been issued by the city.
J. Chapter 33, Excavation and Grading, of the 1997 Edition of the Uniform Building Code. [Ord. 1251 § 2 (Exh. A), 2017; Ord. 1236 § 1 (Exh. A), 2016; Ord. 1218 §§ 1, 2, 3, 2014; Ord. 1120 § 1, 2003.]
15.05.011 Adoption of standards for retaining walls.
A permit is required and shall be issued in accordance with applicable city building permit procedures for all retaining walls over four feet (1,219 millimeters) in height measured from the bottom of the footing to the top of the wall, and for retaining walls supporting ascending slopes exceeding 3:1 or a nonsoil surcharge. [Ord. 1273 § 1, 2022.]
15.05.012 Expiration of building permits.
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. [Ord. 1273 § 2, 2022.]
15.05.013 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 JCMC 15.05.012. The building official may grant extensions of time for periods not to exceed 180 days upon written request by the permittee on city’s permit extension request form, 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. Financial constraints, alone, are insufficient grounds for a permit extension.
B. The holder of an expired building permit may apply for a reinstatement of the permit on city’s permit reinstatement request form. An expired permit may be reinstated if the permittee can establish the following criteria are met and pays a reinstatement fee of one-half of the expired permit 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 no more than one year prior to the submittal date of the permit reinstatement application. [Ord. 1273 § 2, 2022.]
15.05.020 Local interpretation.
A. The city board of appeals shall be the city council which shall have no authority to waive requirements of a specialty code.
B. A person affected by a ruling of the building official may appeal the ruling to the board of appeals within 30 days of the ruling with further appeal to the appropriate state specialty code board.
C. The city recognizes that a person may request a ruling from the administrator of the State Building Codes Agency prior to submitting an application to the city for a permit or after withdrawing a previously submitted application.
D. Electrical code appeals shall be processed to the city lead electrical inspector who will render a final decision. Appeals from final decisions made by the city chief electrical inspector on electrical installations or electrical products shall be made to the Oregon State Chief Electrical Inspector according to provisions of ORS 479.853. [Ord. 1251 § 2 (Exh. A), 2017; Ord. 1236 § 1 (Exh. A), 2016; Ord. 1120 § 2, 2003.]
15.05.030 Fees.
Value or valuation of a building or structure, permit, plan checking, investigation and other fees charged by the building official shall be as established by resolution. [Ord. 1251 § 2 (Exh. A), 2017; Ord. 1236 § 1 (Exh. A), 2016; Ord. 1218 § 4, 2014; Ord. 1120 § 3, 2003.]
15.05.040 Investigative authority and corrective action of building official and inspector.
A. In addition to any other authority and power granted to the building official or delegated inspector under the specialty codes adopted by this chapter, except where inconsistent with other provisions of the law, the building official or delegated inspector may enforce the provisions of the specialty codes against any person regardless of whether a permit, certificate, license or other indicia of authority has been issued. The building official or delegated inspector may investigate, order corrective action and, if an immediate hazard to health and safety is imminent, issue an order to stop all or any work under the applicable specialty code.
B. A condition caused or permitted to exist in violation of this chapter is a public nuisance which may be abated by any of the procedures set forth by city ordinance or state statutes.
C. Authority to Condemn Building Service Equipment. When the building official ascertains that building service equipment regulated in the specialty codes has become hazardous to life, health or property, or has become insanitary, the building official shall order in writing that such equipment either be removed or restored to a safe or sanitary condition. The written notice, itself, shall fix a time limit for compliance with such order. Defective building service equipment shall not be used or maintained after receiving such notice.
When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given to the owner and occupant of such building, structure or premises at least 24 hours prior to the disconnection to the serving utility.
When any building service equipment is maintained in violation of the specialty codes and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation. [Ord. 1251 § 2 (Exh. A), 2017; Ord. 1236 § 1 (Exh. A), 2016; Ord. 1120 § 4, 2003.]
15.05.050 Violations and penalties.
A. Violation. 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 contrary to or in violation of this chapter and the specialty codes.
B. Penalties. Violation of a provision of this chapter shall be subject to an administrative civil penalty not to exceed $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. Cumulative Remedies. The penalties and remedies provided in this section are not exclusive and are in addition to other penalties and remedies available under this chapter, other applicable city ordinances, and state law. [Ord. 1251 § 2 (Exh. A), 2017; Ord. 1236 § 1 (Exh. A), 2016; Ord. 1120 § 5, 2003.]
15.05.060 Building official – Authority to impose administrative civil penalty.
A. Civil Penalties. Upon a determination by the building official that any person, firm, corporation or other entity however organized has violated a provision of this chapter, the state specialty codes, or a rule adopted thereunder, the building official may issue a notice of civil violation and impose upon the violator and/or any other responsible person an administrative civil penalty as provided by this section. For purposes of this section, a responsible person includes the violator and, if the violator is not the owner of the building or property at which the violation occurs, also includes the owner. This authority in no way precludes the building official from attempting to secure voluntary compliance prior to issuing an order to correct a violation.
B. Order to Correct. Prior to issuing a notice of civil violation and imposing an administrative civil penalty under this section, the building official shall issue an order to correct a violation (order to correct) 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.
C. Notice of Civil Violation. Following the date or time by which the correction must be completed as required by an order to correct, 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 assess an administrative civil penalty to each responsible person to whom an order to correct was issued.
D. Knowing, Intentional or Repeat Violations. Notwithstanding subsection (B) of this section, the building official may issue a notice of civil violation and assess an administrative civil penalty without having issued an order to correct where the building official determines that the violation was knowing, intentional, or a repeat of a similar violation.
E. Penalty Considerations. In assessing an administrative civil penalty authorized by this section, the building official shall consider:
1. The person’s cooperativeness and past history in taking steps to correct the violation;
2. Any prior violations of this chapter, of the specialty codes, or other city ordinances;
3. The gravity and magnitude of the violation;
4. Whether the violation was repeated or continuous; and
5. Whether the violation was caused by an unavoidable accident, negligence, or an intentional act.
F. Notice Requirements. A notice of civil violation issued under this chapter shall either be served by personal service or shall be sent by registered or 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:
1. Describe the alleged violation, including any relevant code provision numbers, ordinance numbers, or other identifying references;
2. State that the city intends to assess a civil penalty for the violation and state the amount of the civil penalty and other penalties imposed;
3. State the date on which the order to correct was issued and the time by which correction was required, or, if the penalty is imposed pursuant to subsection (D) of this section, a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated;
4. State that the party may challenge the assessment of civil penalty to the board of appeals; and
5. Describe the process and the deadline for informing the city that the party is challenging the assessment of the civil penalty.
G. Appeal. Any person, firm, corporation or other entity however organized who is issued a notice of civil penalty may appeal the penalty to the board of appeals. The provisions of this chapter shall govern any requested appeal.
H. Penalty Final. A civil penalty imposed hereunder shall become final upon expiration of the time for filing an appeal, if no appeal is timely filed with the board of appeals.
I. Continuing Violations. Each day the violator fails to remedy a violation shall constitute a separate violation.
J. Additional Penalties. 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. [Ord. 1251 § 2 (Exh. A), 2017; Ord. 1236 § 1 (Exh. A), 2016.]
15.05.070 Appeal procedures.
A. Appeal Contents. Any recipient aggrieved by a notice of civil penalty may, within 14 days after receipt of the notice, appeal in writing to the board of appeals. The written appeal shall be accompanied by an appeal fee in an amount set by council resolution and shall include:
1. The name and address of the appellant;
2. The nature of the matter being appealed;
3. The reason appellant claims the building official’s determination is incorrect; and
4. Appellant’s desired determination of the appeal.
If appealed, the civil penalty shall become final, if at all, upon issuance of the board of appeals’ decision affirming the building official’s assessment.
B. Hearing Date and Notice. Unless the appellant and the city agree to a longer period, an appeal shall be heard by the board of appeals within 30 days of the receipt of appellant’s notice of intent to appeal. At least 10 days prior to the hearing, the city shall mail notice of the time and location thereof to the appellant.
C. Hearing Procedure. The board of appeals shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the board of appeals deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The burden of proof shall be on the building official. The rules of evidence as used by courts of law do not apply.
D. Decision. The board of appeals shall issue a written decision within 10 days of the hearing date. The written decision of the board of appeals is final.
E. Fee Refundability. Other than as provided in this subsection, the appeal fee is nonrefundable. If the building official’s assessment is not affirmed, the board of appeals may refund all or part of the appeal fee upon appellant’s motion. [Ord. 1251 § 2 (Exh. A), 2017; Ord. 1236 § 1 (Exh. A), 2016.]
15.05.080 Unpaid penalties.
A. Penalty Collection. Failure to pay an administrative penalty imposed pursuant to this code within 10 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 (B) of this section, other provisions of this chapter, city ordinance, or state statute.
B. Assessment Lien. If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from a prohibited use or activity on real property, and the penalty remains unpaid 30 days after such penalty becomes 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 city’s lien docket. 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 city’s lien docket. The lien shall be enforced in the same manner as all city liens.
Interest shall commence from the date of entry of the lien in the lien docket.
C. Additional Penalties. In addition to enforcement mechanisms authorized elsewhere in this chapter, failure to pay an administrative civil penalty imposed pursuant to this chapter 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. 1251 § 2 (Exh. A), 2017; Ord. 1236 § 1 (Exh. A), 2016.]