The City shall provide for the administration of a plan checking, permit, and inspection program for structural, mechanical, and plumbing work, but not for electrical. This City program is applicable to public as well as private building.
(Ord. 302 §2, 1977; Ord. 421 §1, 1997)
Except as otherwise provided in this title, the following State specialty and uniform codes are adopted and shall be in force and effect as part of this chapter:
(A) 
The State of Oregon Structural Specialty Code, 2014 Edition as adopted by ORS 455.010 through 455.895, OAR 918-460-0010 through 918-460-0015 and delegated to the City by ORS 455.153(1)(a);
(B) 
The State of Oregon Mechanical Specialty Code, 2014 Edition, as adopted by ORS 455.020 to 455.040 and ORS 455.110, and OAR 918-440-0010 through OAR 918-440-0040 (hereinafter "Mechanical Specialty Code");
(C) 
The State of Oregon Plumbing Specialty Code, 2014 Edition, as adopted by ORS 455.020 to ORS 455.040 and ORS 455.110, OAR 918-750-0010 and delegated to the City by ORS 455.153(1)(a) (hereinafter "Plumbing Specialty Code");
(D) 
The State of Oregon Electrical Specialty Code, 2011 Edition, as adopted by ORS 479.730, OAR 918-305-0000 to 918-305-0260 and delegated to the Commission to set fees by resolution of the City by ORS 455.153(1)(a) (hereinafter "Electrical Specialty Code");
(E) 
The State of Oregon Residential Specialty Code, 2014 Edition, as adopted by ORS 455.610, OAR 918-480-0000 and delegated to the City by ORS 455.153(1)(a) (hereinafter "One- and Two-Family Specialty Code");
(F) 
The State of Oregon Manufactured Dwelling Installation Specialty Code, 2010 Edition, as adopted by ORS 446.062, OAR 918-500-0000 through 918-500-0065, OAR 918-520-0010 through OAR 918-520-0110, OAR 918-650-000 through OAR 918-650-085 and delegated to the City by ORS 455.153(1)(b).
(G) 
The State of Oregon Fire Code, 2014 Edition (hereinafter the "Fire Code").
(H) 
The Uniform Code for the Abatement of Dangerous Buildings, 2004 Edition.
(Ord. 421 §1, 1997; Ord. 426 §1, 1997; Ord. 487 §1, 2009; Ord. 510 §1, 2015)
In addition to compliance with this and other ordinances of the City, building and related activities shall comply with provisions of each of the specialty codes making up the State Building Code adopted by the Director of the State Department of Commerce and the Fire and Life Safety Code adopted by the State Fire Marshall as these codes are now and hereafter constituted. No person shall conduct building or related activities without compliance with these standards.
(Ord. 302 §1, 1977; Ord. 421 §1, 1997)
Except where the context clearly indicates a different meaning, the general definitions appearing in all chapters of this title shall be applicable throughout this title. Additional definitions follow:
"Building official"
means a City or County employee designated to enforce the Building Code.
"Owner"
means record holder of legal title or where real property is being purchased through a lender or by a recorded land sale contract, the purchaser who holds equitable title. Owner is the "person responsible." For the purposes of this chapter, the owner shall be the "person responsible" for purposes of enforcement.
"Person in charge of property"
means an owner, purchaser under contract, lessee, tenant, licensee or other person having possession or control of property.
(Ord. 421 §1, 1997; Ord. 523 §1, 2018)
In addition to all other permits required by law to be issued by or through the City, no person, firm, or corporation shall commence construction, reconstruction, alteration, modification, installation, relocation, expansion or enlargement of any of the activities identified below without first obtaining a permit.
(A) 
The exterior structure of residential and/or commercial buildings.
(B) 
Structural, electrical or plumbing modifications in or to residential and/or commercial buildings.
(C) 
Exterior equipment, machinery and appliances for heating, cooling or air conditioning of residential buildings.
(D) 
Structures detached from the dwelling unit within residential areas.
(E) 
To the extent permitted by law, the use of a residential dwelling for business or commercial purposes.
(Ord. 421 §1, 1997)
(A) 
There shall be established a "sidewalk deposit" which shall be in addition to any and all other fees or charges required by the City of Yamhill.
(B) 
This deposit shall only be required when building permits are issued which will require the installation of sidewalks in accordance with Chapter 2.16, Sidewalk Regulations.
(C) 
If the issuance of a building permit does not require the installation of a sidewalk, this deposit shall be waived.
(D) 
The City Recorder/Treasurer shall issue a refund of the deposit upon satisfactory installation of the required sidewalk, after receiving verification by the Public Works Superintendent that the sidewalk has been installed in accordance with all City standards and requirements. The deposit refund shall occur within 21 days of receipt of public works verification by the City Recorder.
(E) 
All requirements of Section 2.16.020 shall be completed within 180 days of the issuance of the building permit, or the deposit shall be considered forfeited by the applicant.
(F) 
Any deposits which shall be forfeited shall be placed in a reserve account, which shall be created to accommodate future sidewalk installations, and associated expenses, within the City of Yamhill.
(G) 
In the event that a sidewalk deposit is forfeited, the City shall retain the right to proceed with construction of said sidewalk improvements, and place a lien on the property for costs incurred.
(H) 
The amount of this deposit shall be determined by resolution set forth by the City Council.
(Ord. 439 §2, 1998)
A permit shall be issued by the City for the activities identified above if the City finds that the activity for which the permit is sought is in compliance with the following: All statutes, ordinances, resolutions, rules and regulation administered by and through the City which are applicable to the activity. This includes the collection of all permit fees due in accordance with City ordinances/resolutions relating to the respective permits.
(Ord. 421 §1, 1997)
(A) 
Prior to the issuance of a Building Permit, all required infrastructure shall be installed, with the exception of sidewalks. This shall include water and sewer lines, underground utilities, and any other infrastructure as shall be required by any other City regulations as these codes are now and hereafter constituted.
(B) 
The Council shall have the right to defer or delay the installation of public works infrastructure in accordance with an approved Public Works Variance, as per Chapter 2.28, Public Works Variances.
(Ord. 439 §2, 1998)
(A) 
All new residential and commercial structures, whether stick-built or manufactured shall be required to obtain a Certificate of Occupancy prior to the building project being approved as final.
(B) 
All additions and/or conversions of residential and commercial structures, whether stick-built or manufactured, when determined that the use of the addition/conversion shall relate to human habitation, shall be required to obtain a Certificate of Occupancy prior to the building project being approved as final.
(C) 
No building project shall be considered completed, and the City shall not consider the project accepted as completed until the issuance of a Certificate of Occupancy.
(Ord. 439 §2, 1998)
(A) 
All Certificates of Occupancy shall require the signature of the Building Inspector, the Public Works Superintendent, and the City Recorder, prior to being considered an official document.
(B) 
All Certificates of Occupancy shall contain the signature of the Building Inspector and Public Works Superintendent prior to being signed by the City Recorder. The function of the signature of the City Recorder is to attest to the signatures of the Building Inspector and Public Works Superintendent.
(C) 
All Certificates of Occupancy shall be prepared in duplicate original. One of the originals shall be released to the holder of the Building Permit. The other original shall be retained as part of the City's permanent records.
(Ord. 439 §2, 1998)
In addition to the provisions of Section 104.2.8 of the Structural Specialty Code, and similar provisions of other specialty codes, the Building Official may approve a material or a method of construction not specifically prescribed by this chapter; provided he/she finds that the proposed design is satisfactory and that the material, method or work offered is for the purpose intended at least the equivalent of that specifically prescribed by this chapter in quality, effectiveness, fire resistance, durability, safety and energy conservation, and that the Director of the Department of Commerce has not issued a report disapproving the material or method for the purpose. The Building Official may refer the proposed design to the County Board of Appeals, and the person affected by a ruling of the Building Official may appeal such ruling to the Board of Appeals within 30 days of the date of the ruling. The provisions of this chapter shall not be interpreted to preclude a person from requesting a ruling from the Director of the Department of Commerce prior to submitting an application to the City for a permit or after withdrawing a previously submitted application.
(Ord. 302 §4, 1977; Ord. 421 §1, 1997)
(A) 
No person, firm, or corporation, shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, 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.
(B) 
No person, firm, or corporation, shall install, alter, repair, 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.
(C) 
No person, firm, or corporation, shall install, remove, alter, repair, replace, improve, 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.
(D) 
Each violation of a separate provision of this chapter shall constitute a separate violation; and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate violation.
(E) 
If a provision of this chapter is violated by a person, firm or corporation, the officer(s) or person(s) responsible for the violation shall be subject to the penalties imposed by this chapter.
(F) 
The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under City ordinance or State statute.
(G) 
Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.
(H) 
Anyone failing to obtain a Certificate of Occupancy prior to initiating residency and/or utilization of residential/commercial structure(s) shall be in violation and shall be subject to discontinuance of City utilities, including water and sewer services. The City shall provide written notification that services are to be disconnected, and require correction of the violation within a period of 60 days. If said services are disconnected due to not obtaining the certificate, said services shall not be restored until the certificate is issued, and all fees associated with the disconnection of said services have been paid.
(Ord. 302 §6, 1977; Ord. 421 §1, 1997; Ord. 439 §2, 1998; Ord. 445 §26, 1998)
For the purposes of this chapter:
"Dangerous building"
shall include:
(1) 
A structure which for the want of proper repairs, or by reason of age and dilapidated condition, or by reason of poorly installed electrical wiring or equipment, defective chimney, defective gas connection, defective heating apparatus, or for any other cause or reason, is especially liable to fire, and which is so situated or occupied as to endanger any other building or property, or human life.
(2) 
A structure containing combustible or explosive material, rubbish, rags, waste, oils, gasoline, or inflammable substance of any kind, especially liable to cause fire or danger to the safety of such building, premises, or to human life.
(3) 
A structure which shall be kept or maintained or shall be in a filthy or unsanitary condition, especially liable to cause the spread of contagious or infectious diseases.
(4) 
A structure in such weak or weakened condition, or dilapidated or deteriorated condition, as to endanger any person or property by reason of probability of partial or entire collapse.
"Person"
shall include every natural person, firm, partnership, association, or corporation.
(Ord. 357 §1, 1985; Ord. 433 §1, 1998)
Every building or part thereof which shall be found by the Council to be a dangerous building is hereby declared to be a public nuisance, and the same may be abated either summarily, or the procedure herein specified may be followed, or a suit for abatement thereof may be brought by the City.
(Ord. 357 §2, 1985; Ord. 433 §1, 1998)
Whenever the City Police Chief, City Recorder, or Building Inspector shall find, or be of the opinion that, there is a dangerous building in the City, it shall be his/her duty to report the same to the Council. The report shall be made in writing and shall contain the following:
(A) 
A description of the real property on which such nuisance exists, by street address, or otherwise; and
(B) 
A description of the nuisance.
(Ord. 357 §3, 1985; Ord. 433 §1, 1998; Ord. 523 §1, 2018)
(A) 
Abatement of a nuisance as described in this chapter shall be handled and processed as set forth in Chapter 5.04, Sections 5.04.200 through 5.04.230.
(B) 
The procedural provisions of this chapter are not exclusive, but are in addition to procedural provisions of other chapters, ordinances, and rules and regulations, and furthermore, the City Council may proceed summarily to abate a dangerous building which unmistakably exists and from which there is imminent danger of loss of human life or property.
(Ord. 357 §§4 and 5, 1985; Ord. 433 §1, 1998)
(A) 
Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.
(B) 
The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under City ordinance or State statute.
(Ord. 445 §27, 1998)