Building inspection shall be under the administrative and operational control of the Building Official. The Building Official shall attend to all aspects of code enforcement, including the issuance of all building permits. The Building Official shall have the power to render written and oral interpretations of the state codes and to adopt and enforce administrative procedures in order to clarify the application of their provisions. The interpretations, rules and regulations shall be in conformance with the intent and purposes of the state codes. Under ORS 153.005(f), the Building Official is hereby authorized to issue citations for the commission of city code violations.
(Ord. 2036, passed 52101; Am. Ord. 2061, passed 11402)
(A) There shall be and is hereby created a Board of Appeals consisting of five members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city.
(B) The Building Official shall be an ex officio member of and shall act as secretary to the Board, but shall have no vote on any matter before the Board. The Board of Appeals shall be appointed by the Mayor and shall hold office at his or her pleasure.
(C) The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings to the appellant with a duplicate copy to the Building Official.
(D) The Board of Appeals shall have no authority relative to interpretation of the administrative provisions, nor shall the Board be empowered to waive requirements of the state codes.
(Ord. 2036, passed 52101)
The codes which are to be administered and enforced as part of the city's building inspection program shall be adopted by resolution of the council. Codes may be adopted by reference. A copy of the resolutions adopting the code(s) and the code(s) adopted thereby will be kept on file in the Building Department.
(Ord. 2036, passed 52101; Am. Ord. 2061, passed 11402)
Fees for permits issued by the Building Official shall be set by resolution of the Council.
(Ord. 2042, passed 92401; Am. Ord. 2060, passed 81202; Am. Ord. 2061, passed 11402)
(A) No person, firm, or corporation shall move any building or a part of any building within the city without first obtaining a moving permit therefor; provided however, that this section will not apply when moving a building within the confines of a lot or contiguous lots when not necessary to move the same over public property, public streets or alleys, or property belonging to another person firm, or corporation.
(B) In addition to the permit to move the building, the applicant contractor, or owner shall be required to obtain a building permit for any construction required to relocate the building within the city limits, and to bring the construction of the building up to the requirements for a new building in the same location within 60 days from the time that the permit is issued.
(C) The applicant shall at the time of applying for each moving permit, submit to the Building Inspector a letter or other written notification from the public utilities companies and/or others stating that they have been informed and have approved the proposed route. The Building Inspector shall personally examine the route proposed and the application for the permit shall be made at least 48 hours before the proposed moving date, holidays, Saturdays and Sundays excluded.
(Ord. 615, passed 22868) Penalty, see 152.99
Any person desiring a permit required by the preceding section shall file a written application with the Building Inspector, which application shall set forth the size and dimensions of the building to be moved, the time when the applicant desires to move the building, the location of the building, the location to which it will be moved, and shall designate the streets, avenues, or alleys through, over, and along which the building shall be moved and other information as the Building Inspector may require. An inspection fee in an amount established by resolution of the City Council shall be paid at the time of the application on each permit. All permits shall be issued only upon the personal application of the permittee.
(Ord. 615, passed 22868)
The Building Inspector shall inspect the building to be moved, and if he or she finds that the building is of substantial construction and in a condition that it may be moved without collapsing or falling apart and further finds that the building is designed and adaptable for the purpose, use or occupancy to which it is proposed to put the same at the new location, and that it conforms to the requirements of the Building and Zoning codes at the new location, then he or she shall approve the permit application. He or she shall further determine that the applicant has safe and sufficient equipment and facilities for moving the building. In addition the Building Inspector shall require compliance with all provisions of this sub-chapter which are prerequisite to the granting of a moving permit.
(Ord. 615, passed 22868)
(A) Before the permit is issued, the applicant shall file for insurance with an acceptable insurance company with minimum liability insurance, as follows:
(B) The applicant shall post a surety bond in the amount of $10,000 executed by a corporate surety authorized to transact surety business in the state conditioned among other things that the applicant will conform to all requirements relating thereto; that he will promptly repair or pay any and all damages or injury which may result from his moving operations within the city; and to hold the city harmless from any claim or liability by or because of the issuance of a permit.
(Ord. 615, passed 22868) Penalty, see 152.99
The issuing of a moving permit shall not be construed to authorize the holder thereof to move or remove any utility poles, wires, trees, traffic signals or signs or other public or private property without first obtaining permission from the owner thereof. If, in moving a building, damage is inflicted upon any public or private property, repairs or restitution shall be promptly made to the satisfaction of the owner.
(Ord. 615, passed 22868) Penalty, see 152.99
While moving a building, sufficient passage way for vehicles upon one or both sides of the building shall be maintained upon any street, avenue, or alley, or provide a detour which is adequate to handle the existing traffic, and that the detour shall be approved by the Police Department. Movements shall not be permitted during peak traffic hours, during hours of darkness, storm, or unsafe driving conditions.
(Ord. 615, passed 22868) Penalty, see 152.99
Any permit granted hereunder may be cancelled at any time by the granting authority upon proof satisfactory to it that the permittee has violated any of the terms of the permit, or that the permit was obtained through misrepresentation in the application therefor, or when in the judgment of the granting authority the public interest requires cancellation.
(Ord. 615, passed 22868)
(A) Any person who violates any provision of a code administered by the Building Official or any interpretation of such provision by the Building Official commits a Class A violation. In the case of a continuing offense each day's violation constitutes a separate offense.
(B) Any officer, director, shareholder or agent of a corporation or member or agent of a partnership association or limited liability company, who personally participates in or is an accessory to any violation by the partnership association or limited liability company of a provision of a code administered by the Building Official or interpretation issued for the administration and enforcement of those provisions is subject to the penalties prescribed in this section.
(Ord. 615, passed 22868; Am. Ord. 1632, passed 62287; Am. Ord. 2061, passed 11402)