[Ord. No. 2135, Enacted, 10-1-1996]
1.
The
Building Official is authorized to enforce the Building Code.
2.
The
Building Official shall have the power to render written and oral
interpretations of the Building Code and to adopt and enforce administrative
procedures in order to clarify the application of its provisions.
Such interpretations, rules, and regulations shall be in conformance
with the intent and purpose of the Building Code.
[Ord. No. 2135, Enacted, 10-1-1996]
In accordance with City personnel rules and with the approval
of the City Manager, the Building Official may appoint technical officers
and inspectors and other employees to carry out the functions of the
code enforcement agency.
[Ord. No. 2135, Enacted, 10-1-1996; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2890, Amended, 3-17-2022]
When necessary to inspect to enforce the provisions of the Building
Code, or the Building Official has reasonable cause to believe a building
or premises is in violation of the Building Code or is otherwise 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 the Building Code. If such building or premises is occupied,
the Building Official shall first present their credentials to the
occupant and request entry. If such building or premises is 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. If entry is refused, the Building Official
shall have recourse to the remedies provided by ORS Chapter 455 or
this chapter to secure entry.
[Ord. No. 2135, Enacted, 10-1-1996]
Whenever any work is being done contrary to the provisions of
the Building Code or other pertinent laws or ordinances implemented
through its enforcement, the Building Official may order the work
stopped by notice in writing served on any person(s) engaged in the
doing or causing of such work to be done. Such person(s) shall stop
such work until specifically authorized by the Building Official to
resume work.
[Ord. No. 2135, Enacted, 10-1-1996]
The Building Official or the Building Official’s authorized
representative shall have the authority to disconnect fuel-gas utility
service, and/or energy supplies to a building, structure, premises
or equipment regulated by the Building Code when necessary to eliminate
an immediate hazard to life or property. Where possible, the Building
Official shall notify the serving utility, the owner and occupant
of the building, structure or premises of the decision to disconnect
prior to taking such action, and shall notify such serving utility,
owner and occupant of the building, structure or premises in writing
of such disconnection within a reasonable time thereafter.
[Ord. No. 2135, Enacted, 10-1-1996; Ord. No. 2890, Amended, 3-17-2022]
1.
When
the Building Official ascertains that equipment, or any portion thereof,
regulated by the Building Code has become hazardous to life, health
or property, the Building Official shall order the equipment either
removed from its location or restored to a safe and/or sanitary condition,
as appropriate. The notice shall be in writing and contain a fixed
time limit for compliance. Persons shall not use the defective equipment
after receiving the notice.
2.
When
equipment or an installation is to be disconnected, written notice
of the disconnection (and causes therefor) shall be given within 24
hours to the involved utility, the owner and/or occupant of the building,
structure or premises. When equipment is maintained in violation of
the Building Code and in violation of a notice issued pursuant to
the provisions of this section, the Building Official may institute
such action as deemed necessary to prevent, restrain, correct or abate
the violation.
3.
No
person shall make a connection to or from an energy, fuel or power
supply to any equipment regulated by the Building Code which has been
disconnected or ordered disconnected or discontinued by the Building
Official until the Building Official specifically authorizes the re-connection
and/or use of such equipment.
[Ord. No. 2135, Enacted, 10-1-1996]
All buildings and structures shall be maintained in a safe and
sanitary condition. All devices or safeguards which are required by
the Building Code shall be maintained in conformance with the code
in effect when installed. The owner or the owner’s designated
agent shall be responsible for the maintenance of buildings and structures.
To determine compliance with this section, the Building Official may
reinspect a structure.
[Ord. No. 2135, Enacted, 10-1-1996; Ord. No. 2890, Amended, 3-17-2022]
Whenever any building, structure or equipment therein regulated
by the Building Code is occupied or used contrary to the provisions
of the Building Code, the Building Official may order such use discontinued
and the structure (or portion thereof) vacated. All persons using
the structure (or portion thereof) shall discontinue the use within
the time prescribed by the Building Official in the notice and make
the structure, or portion thereof, comply with the requirements of
the Building Code. In order to enforce a revocation of occupancy,
the Building Official may cause the water, sewer or other utility
service to be discontinued pending correction of the violation. The
Building Official shall notify the occupants of the discontinuation
of service in the notice of revocation of occupancy.
