Editor's note(s)—Ord. No. 3376, § 1, adopted July 11, 2011, amended Ch.
10.02 in its entirety to read as herein set out. Former Ch. 10.02, §§ 10.02.005—10.02.070, pertained to Uniform Fire Code, and derived from Ord. 2975, 1996; Ord. 3026, 1998; Ord. 3030, 1998; Ord. 3068, 2000; Ord. 3109, 2002; Ord. 3111, 2002; Ord. 3136, 2003; Ord. 3181, 2004; Ord. 3182, 2004; Ord. 3183, 2004; Ord. 3264, 2007; Ord. No. 3345, 5-10-2010.
The City hereby adopts the 2022 Oregon Fire Code (OFC), save
and except such portions as are modified or amended by this Chapter,
a copy of which has appropriately been marked as having been adopted
by this Chapter, and filed in the Office of the City Recorder. Said
OFC, together with said additions and modifications, is adopted and
incorporated herein as fully as if set forth at length in this Chapter,
and the same shall be controlling within the entire corporate limits
of the City.
(Ord. 3376 § 1, 2011; Ord. 3531 § 1, 2019; Ord. 3581 § 1, 2023)
Should a conflict arise in the interpretation of the OFC and
this Chapter, the provisions of this Chapter shall prevail over the
provisions of the OFC.
(Ord. 3376 § 1, 2011)
Except as provided in this Subsection, the storage of explosives
and blasting agents is prohibited within the entire corporate limits
of the City.
A. Storage
Limits. The prohibition in this Subsection shall not apply to wholesale
and retail stocks of small arms ammunition, explosive bolts, explosive
rivets or cartridges for explosive-actuated power tools in quantities
involving less than five pounds of explosive materials unless otherwise
regulated by other provisions of the OFC.
B. Permit
Required. No person shall commence blasting operations in the City
without obtaining a permit from the Fire Chief at least twenty-four
hours prior to beginning said blasting. The twenty-four-hour time
requirement may be waived by the Fire Chief at the Chief's discretion.
C. Permit
Application and Fee. An application for a blasting permit shall be
filed with the Fire Chief; be accompanied by a permit fee in an amount
set by Council resolution; and provide the following information:
1. The
name, address, phone number and qualifications of the person in charge
of and responsible for, the blasting operation;
2. The
date, time and location of the blasting operation;
3. The
size and number of blasts involved; and
4. The
route to be used to transport explosives to the blasting site.
The applicant shall sign a statement certifying that the planned
blasting operation shall be conducted in strict compliance with all
applicable regulations imposed by the Oregon Fire Code adopted pursuant
to this Chapter and all pertinent federal, state and local laws and
regulations.
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D. Hours
Permitted. All blasting operations within the City shall be conducted
between the hours of nine a.m. and three p.m. unless otherwise authorized
by the permit issued pursuant to this Chapter.
E. Designated
Transportation Routes. It shall be unlawful for any person to transport
explosives over any City street not designated as an explosive transportation
route pursuant to this Section. Explosives shall not be transported
over any City street, including but not limited to, designated explosive
transportation routes, between the hours of seven a.m. and eight-thirty
a.m. and four p.m. and six p.m., Monday through Friday. There shall
be absolutely no use of the Washington Street Bridge or Oak Street
Bridge for the transportation of explosives. No person shall leave
a vehicle carrying explosives unattended at any time at any location
within the City. The following routes shall be considered designated
explosive transportation routes for purposes of this Section:
1. Those
portions of Interstate 5 lying within the City limits;
3. Stephens
Street from Diamond Lake Boulevard north to City limits;
4. Edenbower
Boulevard from NE Stephens Street to Interstate 5;
5. NE
Stephens Street from Diamond Lake Boulevard South to Pine Street;
6. Pine
Street South to City limits; and
7. SE
Stephens Street from the South City limits to Diamond Lake Boulevard.
The Fire Chief or his designee may approve alternate routes
on a temporary basis when necessary due to the location of the blasting
site.
(Ord. 3376 § 1, 2011)
Whenever the Fire Chief shall disapprove an application or refuse
a permit applied for, or when it is contended that the provisions
of the OFC or this Code do not apply, or that the true intent of the
meaning of the OFC or this Code has been misconstrued or wrongly interpreted,
the applicant or aggrieved person may appeal any such decision to
the City Manager within 20 days of the date of the decision so appealed
by filing a written notice of appeal generally specifying the grounds
or basis upon which the appeal is taken. Thereupon, the City Manager
within 20 days shall schedule a hearing on the matter. The applicant
shall have the right to be heard and present evidence relative thereto.
The City Manager shall render a decision within 15 days subsequent
to the hearing. If not satisfied with the decision of the City Manager,
the applicant may appeal the decision to the Oregon State Fire Marshal
under ORS 479.180.
(Ord. 3376 § 1, 2011)
A. Any condition which exists on real property in violation of this Chapter is declared to be a nuisance which may be abated as provided in Chapter
7.06 of the Roseburg Municipal Code.
B. The
imposition of a penalty shall not prevent the enforced removal of
the prohibited conditions.
C. In
the case of fire resulting directly or indirectly from failure or
neglect to promptly comply with the provisions of a notice of violation,
notice of nuisance or a permit issued under this Chapter to abate
a hazard within the time stipulated on the notice, the person or persons
so notified shall be liable to civil action for the payment of all
expenses incurred by the City, including, but not limited to, the
cost of personnel, equipment, supplies and overhead thereon, in extinguishing
any fire resulting from such cause.
(Ord. 3376 § 1, 2011)
The purpose of this Chapter is to establish uniform performance
standards providing reasonable safeguards for health, safety, welfare,
comfort and security of the residents of the City who are occupants
and users of buildings and for the use of modern methods, devices,
materials, techniques and practicable maximum energy conservation.
This Chapter shall apply to the construction, alteration, moving,
demolition, repair, maintenance and work associated with any building
or structure except those located in a public way.
Where, in any specific case, different sections of this Chapter
specify different materials, methods of construction or other requirements,
the most restrictive shall govern. Where there is a conflict between
a general requirement and a specific requirement, the specific requirement
shall be applicable.
Where, in any specific case, there is a conflict between this
Chapter and Oregon Revised Statute, the statute shall govern.
(Ord. 2976 § 1 (part),
1996)
A. Specialty
Codes and Rules. The following Oregon Specialty Codes, Appendix Chapters
thereof and Oregon Administrative Rules as now enacted by the state
of Oregon, save and except such portions as are deleted, modified
or amended by this Chapter, are hereby adopted and incorporated herein
as fully as if set forth in full in this Chapter, and the same shall
be controlling and enforced within the entire corporate limits of
the City:
1. Oregon
Structural Specialty Code, as adopted by OAR 918-460-0000 through
918-460-0500.
2. Oregon
Mechanical Specialty Code, as adopted by OAR 918-440-0000 through
918-440-0510.
3. Oregon
Plumbing Specialty Code, as adopted by OAR 918-750-0100 through 918-750-0115.
4. Oregon
Electrical Specialty Code, as adopted by OAR 918-305-0000 through
918-305-0105 and OAR 918-0430 through 918-305-0500.
5. Oregon
Residential Specialty Code, as adopted by OAR 918-480-0002 through
918-480-0150.
6. Manufactured
Dwelling Code:
a. Parks: the manufactured dwelling park and mobile home park rules
adopted by OAR 918-600-0005 through 918-600-0030; and
b. Manufactured Home Installations: the manufactured dwelling rules
adopted by OAR 918-500-0000 through 918-500-0590.
7. Recreational
Park and Organizational Camp Regulations as adopted by OAR 918-650-0000
through 918-650-0080.
B. International Property Maintenance Code. The 2018 International Property Maintenance Code, save and except such portions as are deleted, modified or amended by this Chapter, is hereby adopted and incorporated herein as fully as if set forth in full in this Chapter and the same shall be controlling and enforced within the entire corporate limits of the City. In instances where the Oregon Specialty Codes or Oregon Administrative Rules as listed in the above Subsection
A of this Section, the Uniform Fire Code as adopted by Chapter
10.02 of this Code, or other provisions of this Code apply, such provisions shall govern, and those provisions of the International Property Maintenance Code which conflict or overlap with such provisions, shall not apply. When no provisions of the Oregon Specialty Codes or Oregon Administrative Rules as listed in the above Subsection
A of this Section apply, the Building Official shall have the authority to order compliance with the provisions of the International Property Maintenance Code which the Building Official judges are applicable. The Building Official shall have authority to waive compliance with any provisions of the International Property Maintenance Code which the Building Official deems not to be applicable or pertinent. The judgment of the Building Official as to the applicability of any provisions of the International Property Maintenance Code shall be final. Violations of conditions of the International Property Maintenance Code are declared to be a danger to public health and safety and therefore are a nuisance to be abated as provided in Chapter
7.06 of this Code. The procedure for nuisance abatement notice and appeal as set forth in Chapter
7.06 of this Code shall supersede Section 107 and Section 111 of the International Property Maintenance Code.
1. Definitions:
As used in this Chapter, and referenced in the International Property
Maintenance Code, the following definitions shall have the following
meanings:
2. Revisions,
Modifications and Deletions. The following sections of the International
Property Maintenance Code are hereby revised, modified or deleted
as follows:
a. Section 101.1 shall be revised to read as follows:
101.1 Title. These regulations shall be known as the International
Property Maintenance Code of the City of Roseburg.
b. Section 103.5 shall be revised to read as follows:
103.5 Fees. The fees for activities and services performed by
the City in carrying out its responsibilities under this Section shall
be as set by Council resolution.
c. Section 302.4 shall be revised to read as follows:
Section 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in accordance with Chapter
7.04 of this Code.
d. Section 304.14 shall be deleted.
e. Section 602.3 shall be revised to read as follows:
Section 602.3 Heat Supply. Every owner or operator of any building
who rents, leases or lets one or more dwelling units or sleeping units
on terms, either expressed or implied, to furnish heat to the occupants
thereof shall supply heat during the period of time from October 1
through May 15 to maintain a temperature of not less than 65 degrees
Fahrenheit in all habitable room, bathrooms and toilet rooms.
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f. Section 602.4 entitled "Occupiable work spaces", shall be deleted
as heating facility requirements in such areas are governed by the
Oregon Occupational Safety & Health Administration.
(Ord. 2976 § 1 (part),
1996; Ord. 3268 § 2, 2007; Ord. 3297, § 1, 12-8-2008; Ord. No. 3533 , § 1, 12-9-2019)
A. General.
The Building Official is authorized to enforce all the provisions
of this Chapter. The Building Official shall have the power to render
written and oral interpretations of this Chapter 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 this Chapter.
B. Right
of Entry. When it may be necessary to inspect to enforce the provisions
of this Chapter, or the Building Official has reasonable cause to
believe that there exists in a building or upon a premises a condition
which is contrary to, in violation of this Chapter or which otherwise
makes the building or premises 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 Chapter,
provided that if such building or premises be occupied that credentials
be presented to the occupant and entry requested. If such building
or premises be 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 state law to secure entry.
C. Stop
Work Orders. Whenever any work is being done contrary to the provisions
of this Chapter (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
proceed thereafter.
D. Disconnection
of Utilities in Emergencies. The Building Official shall have the
authority to disconnect fuel-gas utility service, and/or other energy
supplies to a building, structure, premises or equipment regulated
by this Chapter when necessary to eliminate an immediate hazard to
life or property. The Building Official shall, whenever possible,
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.
E. Abatement
of Hazardous Equipment. When the Building Official ascertains that
equipment or any portion thereof, regulated by this Chapter 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.
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 this Chapter and in violation of a notice issued pursuant to the
provisions of this Section, the Building Official may institute such
action as the Building Official deems necessary to prevent, restrain,
correct or abate the violation.
F. Reconnection
after Order to Disconnect. The Building Official must authorize the
reconnection and/or use of any equipment regulated by this Chapter
which has been disconnected, ordered disconnected or discontinued
by the Building Official before any person may make a connection to
or from an energy, fuel or power supply to such equipment.
G. Maintenance
Reinspection. The Building Official may cause the reinspection of
any building or structure, both existing and new, or any part thereof
to ensure that such building or structure is being maintained in a
safe and sanitary condition. All devices or safeguards which are required
by this Chapter shall be maintained in conformance with the Building
Code edition under which installed. The owner or the owner's designated
agent shall be responsible for the maintenance of buildings and structures.
H. Occupancy
Violations. Whenever any building, structure or equipment therein
regulated by this Chapter is used contrary to the provisions of this
Chapter, 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 this
Chapter.
(Ord. 2976 § 1 (part),
1997)
A. Issuance.
The application, plans, specifications, computations and other data
filed by an applicant for a permit shall be reviewed by the Building
Official. Such plans may be reviewed by other departments of the City
to verify compliance with any applicable local laws. If the Building
Official finds that the work described in an application for a permit
and the plans, specifications and other data filed therewith conform
to the requirements of this Chapter and other pertinent laws and ordinances,
and that the fees have been paid, the Building Official shall issue
a permit therefor to the applicant.
When the Building Official issues the permit where plans are
required, the Building Official shall endorse in writing or stamp
the plans and specifications APPROVED. Such approved plans and specifications
shall not be changed, modified or altered without authorization from
the Building Official, and all work regulated by this Chapter shall
be done in accordance with the approved plans.
The Building Official may issue a permit for the construction
of part of a building or structure before the entire plans and specifications
for the whole building or structure have been submitted or approved,
provided adequate information and detailed statements have been filed
complying with all pertinent requirements of this Chapter. The holder
of a partial permit shall proceed without assurance that the permit
for the entire building or structure will be granted.
B. Retention
of Plans. One set of approved plans, specifications and computations
shall be retained by the Building Official for a period of not less
than 90 days from date of completion of the work covered therein;
and one set of approved plans and specifications shall be returned
to the applicant, and said set shall be kept on the site of the building
or work at all times during which the work authorized thereby is in
progress.
C. Validity
of Permit. The issuance or granting of a permit or approval of plans,
specifications and computations shall not be construed to be a permit
for, or an approval of, any violation of any of the provisions of
this Chapter or of any other ordinance of the City or any other federal,
state or local law, statute, rule, regulation or ordinance.
The issuance of a permit based on plans, specifications and
other data shall not prevent the Building Official from thereafter
requiring the correction of errors in said plans, specifications and
other data, or from preventing building operations being carried on
thereunder when in violation of this Chapter or of any other ordinances
of the City.
D. Expiration
of Plan Reviews. Applications for which no permit is issued within
180 days following the date of the application shall expire by limitation,
and plans and other data submitted for review may thereafter be returned
to the applicant or destroyed by the Building Official. The Building
Official may extend the time for action by the applicant for a period
not exceeding 180 days on request by the applicant showing that circumstances
beyond the control of the applicant have prevented action from being
taken. No application shall be extended more than once. In order to
renew action on an application after expiration, the applicant shall
resubmit plans and pay a new plan review fee.
E. Permit
Expiration, Extension and Reinstatement.
1. Expiration.
Every permit issued by the Building Official under the provisions
of this Chapter shall expire by limitation and become null and void
in either of the following manners:
a. Every permit issued by the Building Official shall expire by limitation
and become null and void if the building or work authorized by such
permit is not commenced within 180 days from the date of such permit,
or if the building or work authorized by such permit is suspended
or abandoned at any time after the work is commenced for a period
of 180 days. The work shall not be considered suspended or abandoned
where the permittee has pursued activities deemed by the Building
Official to indicate the intent to start and complete the project.
The Building Official may require the permittee to document these
activities.
b. Every permit issued by the Building Official shall expire by limitation
and become null and void 24 months after the date of permit issuance.
If the building or work authorized by such permit has not received
final inspection approval prior to the permit expiration date, all
work shall stop until a new permit is obtained for the value of the
work remaining unfinished. Provided, however, at the time of permit
issuance, the Building Official may approve a period exceeding 24
months for completion of work when the permittee can demonstrate that
the complexity or size of the project makes completing the project
within 24 months unreasonable.
2. Extension.
Any permittee holding an unexpired permit may apply for an extension
of the time within which work is to be completed under that permit
when the permittee is unable to complete work within the time required
by this Section for good and satisfactory reasons. The Building Official
may extend the time for action by the permittee for a period not exceeding
180 days on written request by the permittee showing that circumstances
beyond the control of the permittee have prevented work from being
completed. No permit shall be extended more than once.
3. Reinstatement.
Where a permit has expired, the permit can be reinstated and the work
authorized by the original permit can be recommenced, provided the
following are met:
a. The Building Code under which the original permit was issued and
other laws which are enforced by the City have not been amended in
any manner which affects the work authorized by the original permit.
b. No changes have been made or will be made in the original plans and
specifications for such work.
c. The original permit expired less than one year from the request to
reinstate.
The fee for a reinstated permit shall be one-half the amount
required for a new permit. Where the request for reinstatement does
not comply with the preceding criteria, a new permit, at full permit
fees, shall be required.
F. Work
Without a Permit/Investigation Fees. Whenever any work for which a
permit is required by this Chapter has been commenced without first
obtaining said permit, a special investigation shall be made before
a permit may be issued for such work.
G. Not
Transferable. A permit issued to one person or firm is not transferable
and shall not permit any other person or firm to perform any work
thereunder.
H. Suspension/Revocation.
The Building Official may, in writing, suspend or revoke a permit
issued under the provisions of this Chapter whenever the permit is
issued in error on the basis of incorrect information supplied, or
if its issuance (or activity thereunder) is in violation of any ordinance
or regulation of any other provisions of this Code.
I. Inspections.
It shall be the duty of the permit holder or authorized agent to request
all inspections that may be necessary or otherwise required in a timely
manner, provide access to the site and to provide all equipment as
may be deemed necessary or appropriate by the Building Official. The
permit holder shall not proceed with construction activity until authorized
to do so by the Building Official. It shall be the duty of the permit
holder to cause the work to remain accessible and exposed for inspection
purposes. Any expense incurred by the permit holder to remove or replace
any material required for proper inspection shall be the responsibility
of the permit holder or his agent.
Work requiring a permit shall not be commenced until the permit
holder or an agent of the permit holder has posted or otherwise made
available an inspection record card such as to allow the Building
Official to conveniently make the required entries thereon regarding
inspection of the work. This card shall be maintained available by
the permit holder until final approval has been granted by the Building
Official.
(Ord. 2976 § 1 (part),
1996)
Fees charged under this Chapter shall be as set by Council resolution.
The determination of value or valuation under any provisions of this
Chapter shall be made by the Building Official. The value to be used
in computing the building permit and plan review fees shall be the
total value of all construction work for which the permit is issued
as well as all finish work, painting, roofing, electrical, plumbing,
heating, air conditioning, elevators, fire-extinguishing systems and
any other permanent equipment.
(Ord. 2976 § 1 (part),
1996)
The provisions of this Chapter are not intended to prevent the
use of any alternate material, design or method of construction not
specifically prescribed by this Chapter, provided such alternate has
been approved and its use authorized by the Building Official.
The Building Official may approve any such alternate material,
design or method, provided the Building Official finds that the proposed
material, design or method complies with the provisions of this Chapter
and that it is, for the purpose intended, at least the equivalent
of that prescribed in this Chapter in suitability, strength, effectiveness,
fire resistance, durability, safety and sanitation.
The Building Official shall require that evidence or proof be
submitted to substantiate any claims that may be made regarding its
use. The details of any approval of any alternate material, design
or method shall be recorded and entered in the files of the City.
(Ord. 2976 § 1 (part),
1996)
When there are practical difficulties in carrying out the provisions
of this Chapter, the Building Official may grant modifications provided
the Building Official finds that the modification is in conformance
with the intent and purpose of this Chapter and that said modification
does not lessen any fire-protection requirements nor the structural
integrity of the building involved. Any action granting modification
shall be recorded in the files of the City.
(Ord. 2976 § 1 (part),
1996)
Whenever there is insufficient evidence of compliance with the
provisions of this Chapter, or that any material, method or design
does not conform to the requirements of this Chapter, the Building
Official may require tests as proof of compliance to be made at no
expense to the City.
Test methods shall be as specified by this Chapter or by other
recognized test standards. If there are no recognized and accepted
test methods for the proposed alternate, the Building Official shall
determine test procedures.
All tests shall be made by an approved testing agency. Reports
of such tests shall be retained by the Building Official for the period
required for the retention of public records.
(Ord. 2976 § 1 (part),
1996)
Any appeal filed pursuant to this Chapter, other than an appeal of a civil penalty pursuant to the following Section
10.04.100, shall be filed in writing, shall describe the basis for the appeal and shall first be filed with the Building Official. Any decision relating to the suitability of alternate materials and methods of construction or interpretation by the Building Official with regard to this Chapter may be appealed to the Board of Appeals in conformance with procedures provided herein.
Any person aggrieved by a decision of the Building Official
made pursuant to the following specialty codes may appeal that decision
to the following:
A. Electrical
Specialty Code—to the State of Oregon, Building Codes Division,
Chief Electrical Inspector.
B. Structural
Specialty Code—to the State of Oregon, Building Codes Structures
Boards.
C. Mechanical
Specialty Code—to the State of Oregon, Building Codes Structures
Board.
D. Plumbing
Specialty Code—to the State of Oregon, Building Codes Division.
E. One
and Two Family Dwelling Specialty Code—to the State of Oregon,
Building Codes Structures Board.
F. Manufactured
Dwelling Code—to the State of Oregon, Manufactured Structures
and Parks Advisory Board as per ORS 455.690.
G. Recreational
Park and Organizational Camp Regulations to the State of Oregon, Manufactured
Structures and Parks Advisory Board as per ORS 455.690.
(Ord. 2976 § 1 (part),
1996; Ord. 3057 § 2 (part),
1999; Ord. No. 3359, § 1, 10-11-2010)
A. Civil
Penalties. Any person who fails to comply with the requirements of
this Chapter, or the terms of a permit issued hereunder, or who undertakes
an activity regulated by this Chapter without first obtaining a permit,
or who fails to comply with a stop work order issued pursuant to this
Chapter, shall be subject to a civil penalty, not to exceed $5,000
for a single violation. Each day that any such violation continues
shall constitute a separate violation which shall cause such person
to be subject to a civil penalty not to exceed $1,000 per day. Any
person who acts as the agent of, or otherwise assists, a person who
engages in an activity which would be subject to a civil penalty,
shall likewise be subject to a civil penalty. The City may not assess
a civil penalty for a violation of this Chapter unless the City provides
to each person that is subject to the civil penalty notice that:
1. Describes
the alleged violation, including any relevant code provision numbers,
ordinance numbers or other identifying references;
2. States
that the City intends to assess a civil penalty for the violation
and states the amount of the civil penalty;
3. States
that the party may challenge the assessment of a civil penalty; and
4. Describes
the means and the deadline for informing the City that the party is
challenging the assessment of the civil penalty.
Such notice shall be sent to each such person by both first
class and certified mail.
B. Appeal.
Each person subject to civil penalties under this Chapter may appeal
such civil penalty assessment to the City Manager, or his designee
who shall be a person other than the City building inspector or building
official, and such appeal shall be initiated by filing a notice of
intent to appeal with the City Recorder within 13 days after mailing
of notice of the civil penalty assessment. The appeal shall be administered
using the same procedures as set forth in RMC 7.06.030 for appeals
regarding nuisance abatements.
C. Prohibition
of Further Approvals. The City shall not issue a Notice of Final Completion
or permit of occupancy for property on which a violation of this Chapter
has occurred or is occurring, until the violation has been cured by
restoration or other means acceptable to the City and any civil penalties
imposed for the violation have been paid.
D. Remedies
Not Exclusive. The remedies provided by this Section are cumulative
and not mutually exclusive and are in addition to any other rights,
remedies and penalties available to the City under any other provision
of law, including, but not limited to any action or proceeding necessary
to prevent, restrain, correct or abate any violation of this Chapter.
(Ord. No. 3359, § 2, 10-11-2010)