Ordinance No. 09-16 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL.
ORDINANCE NO. 09- /
AN ORDIINANCE TO ADOPT VIOLATION PROCEDURES .AND RE MEDIES FOR THE
BUILDING CGDE ORDINANCE, AMENDING SECTION 14.04.090 OF THE TIGARD CODE AND
ADOPTING NEW PROCEDURAL SECTIONS, 14.04.095 AND 14.04.095
WHEREAS, City of Tigard, Oregon, administers specialty cedes and building requirements adopted by the
state;and
WHEREAS, Senate Bill 915, passed by the state Iegislature in 2009, amends provisions with respect to the
enforcement of the building cede;and
' WHEREAS, the legislature found that enforcement of the state building code in a fan:, equitable and uniform
manner throughout the state was a matter of statewide concern.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. Section 14.04.090 of the Tigard Municipal Cade is hereby amended to read as follows:
(underlined words to be added,words strick-en-through to be deleted)
"14,04.090 Violation--Penalty--Remedies.
1. No person shall erect,construct, enlarge,alter, repair,move,improve,remove,
convert,demolish, equip,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.
2. No person shall install, alter,replace,improve,convert,equip or maintain any
mechanical equipment or system in the City, or cause the same to be done contrary to or
in violation to this chapter.
3.No person shall install, alter,replace;improve, convert, equip or maintain any
plumbing or drainage piping work or any fixture or water heating or treating equipment
in the City,or cause the same to be done contrary to or in violation of this chapter.
4. No person shall install,alter,replace,improve, convert,equip or maintain any
electrical equipment or system in the City, or cause the same to be done contrary to or in
violation of this chapter.
5. Violation of a provision of this Chapter shall be subject to an administrative civil
penaltyof not more than $5,000.00 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 mocessed in
accordance with the procedures set forth in Section 14.04.095.
t*ec tin.
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6. Each day that a violation of a provision of this chapter exists constitutes a separate
violation.
7. Notwithstanding the other remedies in this chapter,if the Building Official
determines that any building under construction,mechanical work, electrical work, or
plumbing work on any building or any structure poses an immediate threat to the public
health, safety or welfare, he may order the work halted and the building or structure
vacated pending further action by the City and its legal counsel,
S. The penalties and remedies provided in this section are not exclusive and are in
addition to other penalties and remedies available under City ordinance or state statute.,
excent-that violations of this Chapter shall not be charged as civil infractions and
prosecuted in Tigard Municipal Court."
SECTION 2- A new section, 14.04.095,is hereby adopted. Section 14.04.095 shall read as follows:
"14.04.095 Building Official-Authority to Impose Administrative Civil Penalty.
1. In addition to, and not in lieu of, any other enforcement mechanism authorized by
this code,upon a determination by the building official that a person has violated a
provision of this Chapter or a rule adopted thereunder, the building official may impose
upon the violator and/or any other responsible person an administrative civil penalty as
provided by subsections (1) to (12) of this section. For 12Luuposes of this subsectiona
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.
2. Prior to imposing an administrative civil penally under this section. the buildinL)-
official shall pursue reasonable attetrmts to secure voluntant correction, failing which the
building official may issue a notice of civil violation to one or more of the responsible
persons to correct the violation. Except where the building official deter nines diat the
violation poses an immediate threat to health. safety, environment, or public welfare, the
dine for correction shall be not less than five calenlit days.
3. Following the date or dine 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 to each person to whom an order to correct was,issued.
4. Notwithstandingsubsection above.the building official may impose a civil penalty
,vithout having issued an order to correct violation or made attempts to secure voluntail,
correction where the building official determines that the violation was knowing or
intentional or a reheat of a similar violation.
5. In imposing a penalty authorized by this section, the building official shall consider:
a.The person's past history in taking all feasible steps or procedures necessary or
appropriate to correct the violatiorr,
b. Any prior violations of statutes, rules, orders, and petmits;
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Page 2
c. The gravity and magnitude of the violation
d. VA-letlier the violation was reheated or continuous.
c. \YA-iether the cause of the violation was an unavoidable accident. negligence, or an
intentional act
f.The violator's cooperativeness and efforts to correct the violation;ail
g.Anv relevant tine of the building official.
6. The notice of civil penalty shall either be served by personal sci:vice or shall be sent
by reL-,tered or certified mail and lav first class mail. Any such notice served by mail
shall be deemed received for put uses of any time computations hereunder three dans
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. A notice of civil penalty*shall include:
a. A description of the alleged violation, including any relevant code provision
numbers, ordinance numbers or other identifying references
b. A statement that the City intends to assess a civil penalty for the violation and
states the amount of the civil pggalt Y,-
c. A statement that the party may challenge the assessment of'a civil 12enaltyand
d. A description of the means and the deadline for informing the City that the Darty
is challenging the assessirient of the civil penalty.
7. Anv person who is issued a notice of civil penalty may appeal the penalty to the City
Manager or City Manager's designee. The City Manager's designee shall not be the
buildntg official or building m* sp-ector. The provisions of Section 14.04.098 of this code
shall Vovern any requested hearing,except that the burden of proof shall be on the
building official.
S. A civil penalty imposed hereunder shall become final upon expiration of the titre for
filing an appeal,unless the responsible person -LI212cals ffie12en'al!Y to the ON Manager or
City Manager's designee pursuant to, and within the time limits established by, Section
14.04.098. If the responsible person appeals the civil penalty to the City Manager or City
Manager's designee, the penalty shall become final, if at all;W2on issuance of the CitN,
Manager or City Managers designee's decision affirming the imposition of the
administrative civil penalty.
9. Each day the violator fails to remedy the code violation shall constitute a separate
violation.
10. Failure to 12av a 12enaltv imposed hereunder widiin ten days after thepenalty
becomes final as-Drovided in subsection (W shall constitute a violation of this code.
Each day the penalty is not paid shall constitute a separate violation. The buildinsr
official also is authorized to collect the penalty by any administrative or judicial action or
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Page 3
proceeding authorized by subsection (11) below, other provisions of tlys code, or state
statutes.
The civil 12enaltvauthorized by this section shall be in addition to:
a. Assessments or fees for am,costs incurred by the City in remediation, cleanup, o
abatement,an
b. Any other actions authorized by law.
11. If an administrative civil penalty is imposed on a responsible person because of a
violation of anv 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 Cin,liens. At the time such an
assessment is madethe building,official shall notiR, the responsible 12ets.on 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 hen shall be enforced in the same
manner as liens established by judMient of a Hearings Officer pursuant to Sectio
1.16370 of this code,except that the buildinv official shall be substituted for the
Hearings Officer and a civil penalty shall be substituted for a judginent. The interest
shall commence from the date of entrv, of the lien in the hen docket.
12. In addition to enforcement mechanisms authorized elsewhere in this code, failure to
pay an administrative civil penalty unposed pursuant to subsection (1) of this section
shall be Lrrounds for withholding issuance of requested pertnits or licenses,issuance of a
51012 Work order,if'applicable, or revocation or suspension of any, issued permits or
certificates of occupancy.
SECTION 3: A new section, 14.04.098 hereby adopted. Section 14.04.095 shall read as follows:
"14.04.098 Appeal Procedures.
1. A person aggrieved byan administrative action of the building official taken pursuant
to a section of this code authorizing an a17)12cal under this section may,within 20 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 the Citv and shall state:
a. The name and address of the appellant,
b. The nature of the detern-dnation being appealed;
c. The reason the determination is incorrect,• and
d. What the correct determination of the gj:)I)e.ql should be.
An appellant who fails to file such a statement within the time permitted waives the
obliections. and the almeal shall be disinissed. Excent as provided in subsection (5) of
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this section, the appeal fee is not refundable.
2. If'a notice of revocation of a license or permit is the subject of the a1212eal, the
revocation does not take effect until final determination of the a1212eal. Notwid-istanding
this r)aravrar)h, an emergency suspension shall take effect upon issuance of, or such
other time stated in, the notice of sumension.
3. Unless die annellant and the Citv agree to a longer period, an ap .I shall be heard by
12eq
the Citv Manager or Citv Manager's designee within 30 days of the receipt of the notice
of intent to appeal. At least 10 days 12rior to the bearing, the City shall snail notice of the
time and location thereof to the ',112ellant.
4. The City=Manager or City Manager's designee shall hear and determine the aDDeal on
the basis of the anDellant's written statement and anx,additional evidence the Citv
Manager or City Manager's designee deems appropriate. At the hearing,, the a1212el1ant
may present testimony and oral argument personally or by counsel. The rules of
evidence as used by courts of law do not 2,pl2lv,.
5. The City Manager or City Manager's designee shall issue a written decision within 10
days of the hearing date. The decision of the City Manager or City Manager's designee
after the hearing is final and may include a determination that the appeal fee be refunded
pplic
to the aantupon a finding by the City Manager or City Manager's desice�ffiat tl�ie
aDneal was not frivolous."
PASSED: By -vote of all Council members present after being read by
number and title only, this
day of 2009.
Carol A. Krager,Deputy City 19corder
APPROVED: By Tigard City Council this day of
"14
Craig Dirks'e—n-,Mayor
A roved as to form:
P roved
'o r'
City Atto�rney
Date
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