A. 
Definitions. For the purposes of Sections 8.800 through 8.830, the following terms shall mean:
Director.
The Public Works Director or designee.
Permit Code.
City Code Sections 8.800 through 8.830.
B. 
No person shall make any qualifying site improvement without first obtaining a site construction permit granted upon proper application to the Director. An improvement is a qualifying site improvement, and a site construction permit will be required, if any of the following apply to a particular location:
1. 
The quantity of imported fill will equal or exceed 50 cubic yards;
2. 
The quantity of excavation will equal or exceed 50 cubic yards;
3. 
One acre or more of land will be disturbed;
4. 
5,000 square feet or more of new impervious area will be added to the site;
5. 
A total of 10,000 square feet or more of impervious area will be added or reconstructed on the site;
6. 
Infrastructure will be constructed and dedicated to the City;
7. 
A curb cut is made for a driveway location;
8. 
Excavation will occur within a public right-of-way;
9. 
A sidewalk is constructed or replaced within a public right-of-way; or
10. 
The site will be converted from an existing use to a use that is a "potentially significant source of pollution." The following uses will be considered a "potentially significant source of pollution."
a. 
Fuel Dispensing Facility. A place where fuel is transferred from bulk storage tanks to vehicles, equipment, and/or mobile containers (including fuel islands, above-ground fuel tanks, fuel pumps, and the surrounding pad).
b. 
Exterior Storage of Liquid Materials. A place where one or more above-ground storage tanks are used for outside storage of any type of liquid chemicals, waste oils, solvents, petroleum products, or food product.
c. 
Storage, Use and Transportation of Hazardous/Toxic Materials. A place where the total quantity of stored or transported toxic compounds, confirmed carcinogens, halogenated solvents, or chemicals with a pH less than 6.0, or greater than 9.0, is expected to exceed 200 gallons or 1,000 pounds.
d. 
Exterior Storage of Bulk Material. Non-contained storage of materials that may adversely affect water quality. Examples include fertilizers, scrap and recycling materials, food items and wastes, soil and sand stockpiles, and other raw materials and byproducts.
e. 
Material Transfer Area and Loading Docks. An area designed to accommodate a truck/trailer being backed up to or into it and used specifically to receive or distribute materials to/from trucks/trailers.
f. 
Site with existing or proposed interior floor drains when the proposed use may adversely affect the City's sanitary sewer or storm drainage systems.
g. 
Vehicle or Equipment Washing Facility. An area designated for equipment or vehicle washing or steam cleaning.
h. 
Storm Water Disposal From Development On a Contaminated Site. Land that currently or previously has had pollutants detected in the soil or groundwater at concentrations that exceed State or Federal cleanup standards.
i. 
Non-contained exterior solid waste storage areas.
j. 
Discharge of geothermal water to storm water system.
C. 
The site construction permit application will trigger a detailed review of a proposed construction project to ensure that: the proposed project meets applicable public works engineering standards; all easements and dedications of public rights-of-way are recorded; and application of system development charge credits and public infrastructure advance financing agreements are agreed to prior to initiating construction. The site construction permit serves as a mechanism for: review and approval of plans for site and public infrastructure construction prior to initiation of development or construction to assure compliance with current public works engineering standards; and review, approval and inspection of grading, erosion control and storm water drainage systems on development sites in order to meet State and Federal laws and regulations.
D. 
The City Manager is hereby authorized, in accordance with requirements of Section 1.075, to establish and revise a schedule of fees and charges associated with the site construction permit.
(Ord. 07-09, 2007)
A. 
The Director shall review each application for a site construction permit to determine conformance with the provisions of the City Code and the current Public Works Engineering Standards adopted and implemented by the Director in compliance with City Code Section 4.015(A). The Director is hereby authorized to develop and implement appropriate forms, procedures and requirements for processing an application. The Director shall obtain the approval of the City Manager and shall provide notice of the procedure and requirements to the Council not less than 30 days prior to implementation. After receiving an application, the permit reviewer shall, in writing:
1. 
Approve the permit application subject to such reasonable conditions as may be necessary to assure compliance with the City Code and the current Public Works Engineering Standards, and issue the permit subject to those conditions; or
2. 
Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or required application submission.
B. 
Any applicant aggrieved by an adverse decision relating to the issuance of the site construction permit may appeal that decision to the City Manager pursuant to the Uniform Appeal and Hearing Procedure set forth in City Code Section 1.025.
A. 
Inspections. The Director may conduct inspections whenever necessary to enforce or to determine compliance with any of the provisions of the Permit Code, or whenever the Director has reasonable cause to believe there exists any violation of those Code provisions. Application for issuance of a site construction permit shall constitute consent for authorized City personnel to enter upon the premises to conduct authorized inspections and to enforce Permit Code provisions. Inspections shall occur at reasonable times of day. If the premises include an occupied structure, the inspector shall first make a reasonable effort to contact the owner or other person having charge or control of the premises and request entry.
B. 
Stop Work Order. When it is necessary to obtain compliance with any of the provisions of the Permit Code, the Director may issue a stop work order requiring that any work being done contrary to Permit Code provisions be immediately and completely stopped. The scope of the stop work order shall be appropriately limited to include only those work activities that are in violation of applicable Permit Code provisions and shall not prevent any work activities directly related to the elimination of the violation. If a stop work order is issued, no person may resume stopped work activities until such time as the Director gives specific approval in writing.
1. 
The stop work order shall be in writing and shall include:
a. 
Date of order;
b. 
Permit number, where applicable;
c. 
Site address, legal description or project location of stop work order;
d. 
A description of all violations; and
e. 
The conditions under which the work may resume.
2. 
The stop work order shall be posted in a conspicuous location at the site and a copy shall be sent to the landowner, the permit applicant and the person or business performing the work by certified mail, return receipt requested. For projects in the public right-of-way, the stop work order shall be delivered to the permit applicant and the person or business performing the work.
3. 
It is unlawful for any person to remove, obscure, mutilate or otherwise damage a stop work order.
4. 
A stop work order shall be effective upon posting.
5. 
When an emergency condition exists, the Director may issue a stop work order orally. The Director shall then issue a written notice under subsection (B)(1) within 24 hours.
A. 
Any violation of any term or provision of the Permit Code is hereby deemed to constitute a public nuisance and continues to be a public nuisance until the noncomplying activity or circumstance is brought into compliance with those Code provisions. In addition to any other remedies available by law, any violation of the Permit Code may be abated pursuant to City Code Chapter 5, Article 14.
B. 
The procedure for remedy of a violation shall be:
1. 
Issuance of Warnings. The Director may issue a warning notice of an alleged violation; if issued, such warning notice shall give a brief description of the violation alleged to exist, and shall be deemed to be served upon the person accused of the offense when personally delivered or sent by certified mail to the address of the violation or to the address of the owner of the property as shown on the Klamath County Assessor's ownership records;
2. 
The warning notice shall further contain the name of the City department or staff person to contact regarding the violation, the name of the person issuing the warning notice, the date the warning was issued and a statement that failure to correct the alleged violation or to contact appropriate City department or staff person may result in: proceedings being initiated to abate the nuisance; imposition of administrative civil penalties; assessment of administrative enforcement fees; and/or the filing of a code violation proceeding in municipal court;
3. 
If the alleged violation has not been corrected within 10 days after service of the warning notice as set forth above, the City may institute appropriate proceedings to prevent, temporarily or permanently enjoin the violation, to abate or remove the alleged violation pursuant to City Code Chapter 5, Article 14, to impose administrative civil penalties, assess administrative enforcement fees and/or file a code violation proceeding in Municipal Court pursuant to City Code Sections 5.682 and 2.800 through 2.882; and
4. 
Emergencies. In the event that the Director determines that an immediate threat exists to the public health, safety or welfare, the 10-day notice period may be waived and immediate action to resolve the alleged violation may be taken.
C. 
Any person or business entity which violates any term or provision of the Permit Code shall be subject to any or all of the following penalties:
1. 
For each violation, the Director may assess an administrative civil penalty of up to $500.00 per day per violation. Each day a violation exists shall be considered a separate violation. The imposition of an administrative civil penalty may be appealed to the City Manager pursuant to the Uniform Appeal and Hearing procedure set forth in City Code Section 1.025.
2. 
For each violation, the Code Enforcement Officer or City Attorney may initiate a code violation proceeding in Municipal Court pursuant to City Code Sections 5.682 and 2.800 through 2.882. Civil penalties of up to $500.00 per day per violation may be imposed by the Court. Each day or portion of a day a violation exists shall be considered a separate violation.
3. 
The Code Enforcement Officer may assess enforcement fees pursuant to the procedures set forth in City Code Sections 8.980 through 8.988; provided, however, that the monthly enforcement fee as provided in Code Section 8.980(C) shall initially be set at $100.00 per month and shall be doubled every month there-after until compliance is obtained.
4. 
The City Manager may initiate proceedings under City Code Section 7.075 to revoke the business license of any licensed business in violation.
D. 
The penalties provided herein are in addition to any other remedies available.
(Ord. 19-12 § 1, 2019)
A. 
In order to defray the costs of enforcement of Sections 8.000 to 8.298, the Public Safety Officer or designee (the Officer) shall impose fees on those properties and owners of those properties which are found not to be in compliance with the City adopted building codes, the International Property Maintenance Code, Vacant Property Registration Ordinance, or the Geothermal ordinance (collectively referred to as "these Acts").
B. 
The City shall charge a monthly enforcement fee for each dwelling unit inspected that meets the following conditions:
1. 
The property is subject of a written notice of violation, as described in Section 8.982;
2. 
A response period of 30 days has passed since the effective date of the initial notice of violation; and
3. 
The property remains out of compliance with the initial notice of violation or any subsequent notice of violation.
C. 
The amount of the monthly enforcement fee shall be $50.00 per month per unit for the first three months. Thereafter the monthly fee shall be doubled every three months until paid in full.
D. 
Whenever the owner believes that all violations listed in the first or any subsequent notice of violation have been corrected, they shall so notify the Officer. Upon receipt of such notice, the Officer shall promptly schedule an inspection of the property and shall notify the owner if any violations remain uncorrected. If compliance occurs after the 30-day notice period has run, a $25.00 inspection fee shall be paid by the owner.
E. 
Once monthly enforcement fees begin, they shall continue until all violations listed in the first or any subsequent notice of violation have been corrected.
F. 
When a property meets the conditions for charging an enforcement fee as described in subsection B, the City shall then:
1. 
Notify the occupant(s) and the property owner(s) of the assessment of enforcement fees;
2. 
Record a property lien in the City lien docket and record a notice of pending lien with Klamath County;
3. 
Bill the property owner(s) monthly for the full amount of enforcement fees owing, plus an additional 10% to cover administrative costs together with interest at 12% per annum; and
4. 
Maintain lien records until:
a. 
The lien and all associated interest, penalties, and costs are paid in full, and
b. 
The Officer certifies that all violations listed in the original or any subsequent notice of violation have been corrected.
G. 
Each person who has a legal or equitable interest in the property on or after the effective date of a notice of violation shall be personally liable for fees imposed pursuant to this section, including all interest, civil penalties, and other charges.
(Ord. 96-29, 1996; Ord. 96-37, 1996; Ord. 16-02, 2016)
A. 
In addition to the enforcement fees imposed by CDO Section 10.208, in the event a violation is not corrected within 120 days of the effective date of the notice, or such extension as may be granted, water service to the property shall be discontinued.
B. 
The Officer shall forward a disconnect request to the City Utilities Division with a copy of the request mailed to the owner and occupant of the property. Service shall be terminated no sooner than seven days after the date the request is forwarded to the Utilities Division.
C. 
Water service to an existing tenant shall not be discontinued as a result of a landlord's failure to make repairs.
(Ord. 96-29, 1996; Ord. 19-12 § 1, 2019)
If the Officer finds one or more violations of the provisions of these Acts, the Officer shall in writing notify the owner or the owner's local agent and the occupant of the existence of the violations. The method of serving the notice to the owner shall be one or more of those described in subsection C. Failure to comply with the notice shall be a violation of these Acts.
A. 
The notice of violation shall:
1. 
Give the street address and a legal description sufficient for identification of the property;
2. 
Describe the violation at the property;
3. 
Disclose that fees, charges, and liens as described in Section 8.980 may result from a failure to remedy the violations;
4. 
Specify a response period during which the property may be brought into compliance with this chapter before fees, charges, or liens will be assessed; and
5. 
Disclose the owner's right to appeal the findings of the notice of violation.
B. 
The effective date of a notice of violation shall be the date of service of the notice to the owner. The date of service shall be the day on which the notice is:
1. 
Mailed first class to the property owner at the address shown on the last available assessment roll in the office of the county assessor;
2. 
Mailed first class to any local agent for the property; or
3. 
Delivered personally to the property owner or any local agent for the property.
C. 
The Officer shall monitor compliance with the notice of violation through periodic tracking and inspection. Once a notice of violation has been sent, the owner shall be responsible for all enforcement fees associated with the property, as described in Section 8.980, until the violations are corrected.
D. 
The Officer may set time limits in which the violations are to be corrected. Failure to comply with the time limits shall be a violation of these Acts.
(Ord. 96-29, 1996)
A. 
When all outstanding violations on a property, except those requiring exterior repair, have been corrected, the Officer may, at the request of the owner, temporarily suspend enforcement fees due to inclement weather until the following May 1st. Suspension of fees shall not in any case extend more than one year beyond the effective date of the initial notice of violation.
B. 
If the owner fails to correct violations within the stated period of suspension, the City shall immediately charge the full value of all suspended fees.
(Ord. 96-29, 1996)
A. 
When the literal application of the requirements of these Acts would cause undue hardship to the owner or occupants of the affected structure, an exception may be granted by the Officer upon application. The application shall state the reasons for the requested exception, and shall be in writing. However, regardless of hardship, an exception may only be granted when all safety and sanitary conditions are met. This section shall not be construed so as to evade the provisions of these Acts.
B. 
Any exception granted by the Officer shall be in writing and shall state the reasons for granting that exception. A copy of the Officer's decision shall be kept in the files of the Planning Department.
(Ord. 96-29, 1996; Ord. 14-11, 2014)
Whenever a responsible party has been given a notice or order pursuant to these Acts and has been directed to make any correction, to perform any act, or to incur any expense, the party may have the notice or order reviewed by the Code Enforcement Supervisor. If a review is sought, the party shall submit a written request to the Code Enforcement Supervisor within 15 days of the date of the notice or order. Pending determination by the Code Enforcement Supervisor, the order will be stayed. Following the review, the Code Enforcement Supervisor shall issue a written determination.
(Ord. 96-29, 1996; Ord. 14-11, 2014)
A. 
No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter.
B. 
Any person violating any of the provisions of Sections 8.000 to 8.155 and 8.405 to 8.735 shall be deemed guilty of an offense; and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which a violation is committed, continued or permitted; and, upon conviction of any such violation, such person shall be punishable by a fine of not more than $500.00.
(Ord. 96-29, 1996; Ord. 13-05, 2013)
Any person, firm or corporation violating any provision of Section 8.470 shall be fined not less than five dollars nor more than $100.00 for each offense and a separate offense shall be deemed committed on each day during or on which violation occurs or continues following written notice by the City of such violation.
(Ord. 93-05, 1993)