A decision of the Building Official related to the State Building Code or the enforcement of the provisions of this title shall be subject to appeal as specified in this chapter. For the purpose of this chapter, a decision of the Building Official shall include but not limited to: alternate method and material determinations; modification determinations; interpretations; notices; orders; declarations; and review letters.
(Ord. 5877 § 3, 2016; Ord. 5969 § 2 (Exh. A), 2022; Ord. 6072, 12/10/2025)
(1) 
A person aggrieved by an interpretation or application of a particular technical or scientific code provision made by the Building Official shall appeal to the appropriate state specialty code chief inspector of the Oregon Department of Consumer and Business Services, and utilize the process specified in ORS 455.475.
(a) 
Citations or penalties issued under the authority of the State Building Codes Division and enacted under this title are entitled to judicial review in accordance with ORS 183.482. A person aggrieved by such a citation or penalty may request a judicial review by filing a petition with the Court of Appeals specified in AMC § 18.10.210. Such citations and penalties are not appealable through this section.
(2) 
A person aggrieved by a decision of the Building Official of the technical or scientific merits of an alternate materials or methods determination or a request for a modification may utilize the appeals process specified in subsection (1) of this section.
(3) 
A person aggrieved by a decision of the Building Official of an alternate method of materials request related to the conversion of single-dwelling homes to not more than four units shall use the administrative and discretionary appeals process specified in AMC § 18.14.030 utilizing the timelines and process specified in ORS 455.610(10).
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 5877 § 4, 2016; Ord. 5969 § 2 (Exh. A), 2022; Ord. 6072, 12/10/2025)
(1) 
A person aggrieved by a decision of the Building Official on administrative matters of this title, not related to the State Building Code, shall be appealed to the Community Development Director, or their designee.
(2) 
A person aggrieved by a decision of the Building Official on administrative matters of the State Building Code shall appeal to the Director of the Department of Consumer and Business Services, or their designee, as specified in ORS 455.475.
(3) 
A person aggrieved by a decision of the Building Official on a discretionary determination of this title or the State Building Code, shall be appealed to the Community Development Director, or their designee.
(4) 
Notwithstanding subsection (3) of this section and for the purpose of OAR 918-020-0250, where the Building Official is provided as a contract for service as specified in OAR 918-020-0230, appeals to the discretionary decisions of the contract Building Official shall be heard by Linn and/or Benton County local board of appeals.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 5877 § 5, 2016; Ord. 5969 § 2 (Exh. A), 2022; Ord. 6072, 12/10/2025)
(1) 
An appeal of a discretionary decision of the Building Official shall be in writing, shall describe the basis for the appeal and provide supporting documentation, and shall first be filed with the Building Official. No appeal shall be timely unless it is actually received at the office of the Building Official within 30 days of the Building Official’s determination which is the subject of the appeal.
(2) 
Following receipt of such an appeal, the Community Development Director shall review the appeal, conduct research or inquiries as appropriate.
(3) 
The decision of the Community Development Director shall be rendered within 10 business days of the Building Official’s receipt of the appeal, unless both parties stipulate to an extension of time. The decision shall be in writing and shall be final upon receipt.
(4) 
An appeal of the Community Development Director’s decision relative to the application, enforcement, and interpretation of provisions of this title which are not governed by the State Building Code shall be made in writing to the Albany City Council within 30 days of the Board’s notice of said decision.
(5) 
An appeal of the Community Development Director’s decision relating to discretionary decision of the Building Official related to the technical and scientific determinations regarding any provision of the state specialty codes regulated by the municipality shall be appealed to the appropriate advisory board within 30 days following the process specified in ORS 455.475.
(6) 
All work which is the subject of a permit, interpretation, or other matter under appeal shall be suspended pending resolution of the appeal.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 5877 § 6, 2016; Ord. 5969 § 2 (Exh. A), 2022; Ord. 6072, 12/10/2025)
Except for vacation orders made pursuant to AMC § 18.10.140, § 18.28.040 or utility disconnections pursuant to AMC § 18.10.080, enforcement of any notice and order of the Building Official issued under this title shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(Ord. 5647 § 1 (Exh. A), 2006; Ord. 5969 § 2 (Exh. A), 2022; Ord. 6072, 12/10/2025)