HomeMy WebLinkAboutOrdinance No. 19719ORDINANCE N0. 19719
AN ORDINANCE CONCERNING AN ADMINISTRATIVE CIVIL PENALTY
AND THE ADMINISTRATIVE CODE; ADDING SECTIONS Z.o18,
6.995, AND 0 THE EUGENE CODE, 1911; AMENDING
SECTIONS 3.045, 3.995, 8,001, 8.005, 8.040, 8.060,
8.070, AND 8.075 OF THAT CODE; AND REPEALING SECTION
8.004 OF THAT CODE.
9.Il9s~
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.018 is hereby added to the Eugene Code, 1971, to
provide:
Z . a18 Ci t Mana er - Authori t to Im ose Administrative Civil Penal t .
. 41} when the city manager or designee determines that a respon-
s~ bl a person has v~ of ated ar ~ s v~ of ati ng any provision of a chapter of thi s
code that contains a provision authorizing the imposition of an administra-
tive civil penalty, the city manager or designee may impose an administra-
tive civil penalty as provided in subsections ~2} t0 X11} of this section.
Far purposes of this section, a responsible person shall mean a responsible
person as defined by the specific code provision authorizing the i mpos i t i an
of the administrative civil penalty.
~Z}, Prior to imposing an administrative civil penalty under this
sects on the c ~ ty manager or designee shall pursue reasonable attempts to
secure voluntary correction, failing which he/she may issue an order to one
or more of the responsible persons to correct the violation. Except where
the c~ ty manager determ~ nes that the violation poses an immediate threat to
health, safety or public welfare, the time for correction shat 1 be not 1 ess
than five calendar days .
~3} Following the date or time by which the correcti an must be
completed as required by an order to correct a vi al ati on, the city manager
or designee shall determine whether such correction has been completed. If
the required correction has not been completed by the date or time speci-
f~ed ~n the order, the city manager ar designee may issue a notice of civil
violation to each person to whom an order to correct was issued.
. ~4} , Notwithstanding subsection ~Z} above, the city manager or
designee may issue a non ce of civil violation without having issued an order
to correct violation or made attempts to secure voluntary correction, where
the city manager or designee determines that the violation was knowin or
g
~ntent~onal, or a repeat of a similar violation.
~5} Utilizing the procedure set forth in section 3.012 of this
code, the city manager shat 1 adopt by rule ei ther a schedul e of, ar s eci f i c
p
criteria to be used i n, estab1 i shy ng penalty amounts that may be imposed for
particular violations. No administrative civil penalty imposed under this
section shall exceed $500 per day. In imposing a penal ty authorized by th i s
section, the city manager or designee shall consider:
Ordinance - 1
~a} The person's past history in taking all feasible steps
or procedures necessary or appropriate to correct the violation;
fib} Any prior violations of statutes, rules, orders and
permits;
~c} The gravity and magnitude of the violation;
~d} Whether the violation was repeated or canti nuous;
fie} Whether the cause of the vi o1 ati on was an unavoi dabl e
accident, negligence or an intentional act;
~f} The violator's cooperativeness and efforts to correct
the violation; and
fig} Any relevant rule of the city manager.
~6} The notice of ci vi 1 penalty shall either be served by personal
serve ce or shall be sent by reg~ strred or certified mail and by first class
mail. Any such notice served by mail shall be deemed received for purposes
of any time computations hereunder three days after the date mailed i f to an
address within this state, and seven days after the date mai 1 ed i f to an
address outside this state. A notice of civil penalty shall include:
~a} Reference to the particular code provision or rul e
involved;
fib} A short and plain statement of the matters asserted or
charged;
~c} A statement of the amount of the penalty or penalties
imposed;
~d} The date on which the order to correct was issued and
time by which correction was to be made, or, i f the penalty i s
imposed pursuant to subsection ~4}, a short and plain statement
of the basis far conc1 ud i ng that the vi o1 ati on was knowing, i nten -
t i onal , or repeated; and
fie} A statement of the party's right to appeal the ci vi 1
penalty to a hearings officer.
~1} Any person who i s i slued a noti ce of civil penalty may appeal
the penalty to a heari ngs officer. The provisions of section 3.060 of thi s
code shall govern any requested hearing, except that the burden of proof
shall be on the city manager or designee.
~8} A ci vi 1 penalty imposed hereunder shat 1 become final upon ex-
p~ rats on of the time for f ~ 1 ~ ng an appeal , unless the respons i b1 a person
appeals the penalty to a heari ngs officer pursuant to, and within the time
limits established by, section 3.060. ~f the responsible person appeals the
c i vi 1 penalty to a heari ngs officer, the penalty shat 1 become f i na1, i f at
all , upon issuance of the hearing officer's decision affirming the i mpos i -
tion of the administrative civil penalty,
~9} Failure to pay a penalty imposed hereunder within ten days
after the penalty becomes final as provided in subsection ~8} shall consti-
tute a v~olat~on of this code. Each day the penalty is not paid shall con-
stitute aseparate violation. The city manager or designee also is author-
i zed to col 1 ect the penalty by any administrative or judicial acti an or pro-
ceedi ng authorized by subsection ~ 1 ~ } below, other provisions of this code,
or state statutes.
~ 10} ,The ci vi 1 administrative penalty authorized by this secti an
shall be ~n add~t~on to ~a} assessments or fees for any costs incurred by
the city in remediation, cleanup or abatement, and fib} any other actions
authors zed by 1 aw.
Ordinance - 2
X11} If an administrative civil penalty is imposed on a respon-
si bl a person because of a vi of ation of any provision of this code resul ti n
from roh~b~ted use or g
. p acts v~ ty on real property, and the penalty remains
unpaid 30 days after such penalty become final, the city manager or desi nee
shall assess the ro er g
p p ty, the ,full amount of the unpaid fine and shall enter
such an assessment as a 1 ~ en ~ n the docket of city liens . At the time such
an assessment is made, the city manager or designee shall notify the resp~n-
sible person that the penalty has been assessed against the real prv ert
u on which the vi p y
p vl ate on occurred and has been entered i n the docket of city
l ~ ens . The l ~ en shat 1 be enforced i n the same manner as 1 i ens for street
improvements and shat 1 bear interest at the rate prescribed i n section 2.022
of this code. The interest shat 1 commence from the date of entry of the
lien in the lien docket,
Section 2. Section 3.045 of the Eugene Code, 1911, is amended to ra-
P
vide;
3.045 Business Licenses - Administrative Civil Penalt .
~ 1 } In addition to, and not i n 1 i eu of any other enforcement mech -
ani sm authorized by the s code, upon a determi nati on by the city manager ar
his/her designee that a person has violated a provision of this cha ter the
P
city manager ar designee may impose upon the violator and/or any other res-
pon s i bl a person an administrative c i v i 1 penalty as provided by section 2.018
of this code. Far purposes of this subsection, a responsi bl a erson means
the viol t p
a ar and any licensee for whom the violator works in either an inde-
pendent contractor or employee capacity.
. ~2} . In addition to enforcement mechanisms authorized elsewhere i n
this code, failure to pay an administrative civil penalty imposed ursuant
p
to subsection , ~ 1 } of this section shall be grounds for revocation of an
1 ~ cense erm~ t ' ' ~ ~ y
p , or cert~ f ~ cat ~ On of the person f a~ 1 ~ ng to pay the penalty.
Section 3. Section 3.995 of the Eugene Cade, 1911, is amended to ro-
p
vide:
3.995 Penal ti e,s -General . Violation of any other prav i s i on i n th i s
chapter shall ~be punishable by a ci vi l penalty not to exceed
$500.00 or imposition of an administrative civil penalty ursuant to section
3.0 . p
45 of the s code. Each day that a viol ate on cont~ Hues to ex~ st shal 1 con-
stitute a separate offense.
Sect,i on 4. Section 6.995 i s hereby added to the Eugene Code, 1911, to
provide:
Ordinance - 3
fi.995 Administrative C„i yi 1,,,Pena1 ty.
1 ~ In add~~t i on to, ~ ~~and ~~not i n 1 i eu of any other enforcement
mechanism authorized by this code, upon a determi nati on by the city manager
or his/her designee that a person has violated a provision of this chapter,
the city manager or designee may impose upon the violator and/or any other
responsible persan an administrative civil penalty as provided by section
2.018 of this code. Far purposes of this subsection, responsible person
includes the violator, and i f the vi a1 ator i s not the owner of the bui 1 di ng
ar property at which the violation occurs, the owner as well.
~2} In addition to enforcement mechanisms authorized elsewhere i n
this code, , f ai 1 ure to pay an administrative ci vi 1 penalty i mpased pursuant
to subsect ~ on ~ 1 } of th ~ s section shall be grounds for withholding issuance
of requested permits ar 1 i censes, issuance of a stop work order, i f appl i -
cabl e, ar revocation or suspension of any issued permits or 1 i censes.
Section 5. Section 8.001 of the Eugene Code, 1971, is amended to pr0-
vide:
8.001 Definitions . For the purposes of this chapter the fo11 owl ng words
and phrases, except where the context clearly indicotes a different
meaning, shall mean:
Administrative Cade. The regulations adopted by section
8.005,
Bu i 1 d i n~,,,,,~ nee„ctor. A person acting under the authority and
d~rect~on of a~~~~~~buiiding official and charged with the responsibility
for enforcement of any speci a1 ty code.
Building official. A persan designated by the city manager
with the respons i b~i 1 i ty for administration and enforcement of the
Administrative Code ar any specialty code ar his/her designee.
Cit mono er, The city manager or the manager's designee.
Code. The term "the code" or "this code" shall mean a parti-
cular specialty code herein mentioned, e.g., Structural Specialty
Code, Mechanical Specialty Code, etc. The term Eugene Code, 1911
~ nc1 udes all of the s chapter and all the other chapters.
E1 ectri cal Code. The regulations adopted by section 8.015.
Fire Chief. A person designated by the city manager as the
administrative head of the fire department or his/her designee.
Fire Code or Fire Prevention Code. The regulations adopted
by sections 8.190 and 8.200.
Fire marshal. A person designated by the city manager to ad-
mi n i ster and enforce the fire prevention code or his/her designee .
Mechanical Cade. The regulations adopted by section 8.060.
One and Two Farm 1Y Dwe11 i ng Code. The regul ati ans adopted by
section 8.054. ~.. ~.~~~~. ~~~~".~~
Permit. The term "permit" shall mean bui 1 di ng permit, el ec-
trical permit, etc. , as the context may require, The term shall
also include a comb~natian permit, when appropriate.
Person i n char a of ro ert . An agent, occupant, 1 essee,
tenant, contract purchaser, owner, or other person having possession
Ordinance - 4
or control of property or the supervision of any construction
project.
P1 umbi n~g~, Code. The regulations adopted by section 8.010.
Specs a1 ty,,,, code. Any or all of the fvl l owl ng codes : El ectri -
cal Code, One and Two Family Dwelling Code, Fire Cade, Mechanical
Code, Plumbing Code, Structural Code, and Swimming Poa1, Spa & Hat
Tub Code.
Structural Cade. The regulations adopted by section 8.040.
Swimming Pool ,,,,.,_S,pa and Hot Tub Code. The regulations adopted
by section 8.895. ~ , ..~~...._ ._~,~,,,..~,. -
Worki ng da_y. For purposes of section 8.005, working day i s
that period of time from 8:OO A.M. to 5:00 P.M. on any day from
Monday through Friday.
Section fi. Section 8.004 of the Eugene Code, 1911 is repealed, and Sec-
8.005 is amended to provide:
Administrative Code
8.005 Administrative Code.
~1} Scope. The provisions of this code, and the regulations
adopted by the city manager as authorized by this code, shall serve as the
administrative and enforcement rules for chapter 8 of the Eugene Code, 1911.
~2} Purpose. The purpose of this code, and of the technical
caries, i s
~a} To provide uniform performance standards providing reason-
able safeguards far health, safety, welfare, comfort and security,
by regulating and cantro1l ing the design, construction, materi a1 s,
use, occupancy, 1 ocati on and maintenance of all bui 1 di ngs, and
bui 1 di ng service equipment; and
~ b} Ta protect 1 i fe and property from the hazards of fire,
panic and explosion arising from conditions hazardous to 1 ife or
property in the use or occupancy of buildings or premises, and far
the storage, handling and use of hazardous substances, material s
and devices.
~3} Conflicting„visions. Whenever conflicting provisions ar
requirements occur between the technical codes as adopted by the city, and
other provisions of the Eugene Code, 1971, the mast restrictive shall
govern . Where canfl i cts occur between the technical codes, those provisions
providing the greater safety to life shall govern. In ether conflicts,
where sanitation, 1 i fe safety or fire safety are not i Heal ved, the most res-
tri cti ve provisions shat 1 govern : Where i n any specific case different
sects ons w~ the n any of the techn~ cal codes specify different materi a1 s,
methods of construction or other requirements, the mast restrictive shat 1
govern. Where there i s a conflict between a general requirement and a spe-
ci f i c requirement, the specific requirement shall be applicable. Notwi th-
standing any of the foregoing, where any provision of the One and Two Family
Dwel 1 ~ ng Code conflicts with any provision of any other technical code, the
former shall govern . Where canf 1 i cts occur between any specific provision
Ordinance - 5
of this administrative code or regulations adopted pursuant to this code, and
any administrative provisions in any technical code, this administrative code
and the regulations shall govern.
~4} Enforcement ~,enerally. The city manager is hereby authorized
to enforce all prov~i s~i~ons oof this code and the technical codes. For such
purposes he/she shall have the powers of a 1 aw enforcement officer.
~5} Enforcement powers nonexclusive. The enforcement powers
adapted by this administrative code are~~~~~not exclusive, and they are not in-
tended to preclude the use of all other enforcement powers and penalties auth -
orized elsewhere by the Eugene Code, 1911.
~6} ,Regulations. The city manager is authorized to render inter-
pretati ons of this code and the technical codes, and to adopt and enforce
regulations to clarify the provisions of this code and the technical codes.
Such i nterpretati ans and regulations shall be consistent with the provisions
and purpose of this code and the technical codes, The regulations shall have
the force of law.
~1} A eats.
~a} General. Any person who disagrees with a finding or de-
c~ s~ on made pursuant to this code, and who i s adversely affected by
that finding or,decision, may appeal it pursuant to the provisions
of the s subsection. Applications far al 1 such appeals shall be
filed with the city, upon forms supplied by the city, and shall be
accompanied by an appeal fee set pursuant to section x.020 of the
Eugene Code, 1911.
.fib} Code,vio1ations. Any person who disagrees with the city's
f~nd~ng of a v~olat~on of one or more of the technical codes or
administrative enforcement action taken by the city may appeal to a
hearings officer. The appeal must be filed within ten days of
wry tten nonce of the violation or enforcement action . The sol e
question to be determined i s whether the findings are supported by
a preponderance of evidence, and whether the city had authority to
impose the sanct~an chosen. The hearings officer shall not substi-
tute his/her judgment as to the most appropriate sanction, Hear-
i ngs shall be governed by the provisions of section 3. o60 of the
Eugene Code, 1971.
~c} Code interpretations and permit denials.
__ _
1. Creation. There shall be and i s hereby created a
Board , of Appeals consisting of members who are qualified by
experience and training to act upon matters pertaining to
bui 1 di ng construction and building service equipment and who
are not employees of the city. The city manager, after con-
sul tats on w~ th the board, shall adopt rules of procedure for
conducting the board's business. The beard shall have no
authority to interpret the provisions of this administrative
code, be empowered to waive requirements of the technical
codes, nor render a deci s i on which conf1 i cts wi th a wri tten
decision or interpretation issued by a state agency.
2. Grounds fora eat to the board of a eal s. A person
may appeal to the board when the person c1 ai ms that the city
has denied, suspended yr revoked a permi t based on the appl i -
cati on of the technical cedes, ar that the city has mi s i nter-
preted the true intent of a technical code. The owner of a
building ar structure or property also may appeal from a deci-
Ordinance - fi
sion of the city manager refusing to grant a modification to
the provisions of a technical code covering the design or
method of construction ar material to be used i n the erection,
al terati an, or repair of the bui 1 di ng or structure ar bui 1 d-
i ng service equipment when i t i s the applicant's belief that
he/she has proposed an equally good ar better material or
method of construction or instal 1 ati on than that required
by a techn i cal code .
3. Membershi of board of a eal s. The board of appeal s
shall consist of nine ~9} members nominated by the mayor and
appointed by the council; however, an appeal shall be heard
by a panel selected by the city manager of and y five of the
nine members . The nine board members shall cans i st of : a
1 i censed professi anal engineer, architect, bui 1 di ng contrac-
tor or superintendent of building construction, electrical
contractor, journeyman supervising electrician, plumbing con-
tractor, journeyman plumber, mechanical cheating and venti ] a-
ti an} contractor, and ~aurneyman heating, venti 1 ati an or ai r
conditioning installer. The city manager or designees, shall
be ex off~c~o members of the board.
4. Terms,,,,,of,~,a,p~ai,,,,ntment. Each new member shall serve
for five years or until h~s~her successor has been appointed,
~8} Modifications, Wherever there are practical difficulties in-
volved ~n carrying out the provisions of the technical codes, the city manager
may grant mod~f~cat~ons far individual cases, provided he/she shall first find
that a speci al individual reason makes the strict 1 etter of the technical code
impractical and that the modification i s i n conformity with the intent and
purpose of this code and the technical code and that such modification does
not lessen any fire protection requirements or any degree of structural integ-
r~ty, The city manager's determination shall be final and not subject to
appeal .
~9} Liabilit . Neither this code nor any of the technical codes
relieve ar lessen the responsibility of any person owni ng, o erati n con-
. p gs
struct~ ng or control 1 ~ ng any bui 1 d~ ng, structure or prem~ ses for any damages
to persons or property caused by defects, nor shall the city or any of its
agencies, officers, employees ar agents be held as assuming any such 1 i obi 1-
~ ty by reason of the ~ nspect i ons authorized by, or any permits issued under
this code or the technical codes.
X10} When permits required, Except as otherwise provided by regu-
1 ati an promul gated ~ by the c~~ty m~~anager, no bui 1 di ng, structure or bui 1 di n
g
service equipment regulated by any of the provisions of chapter 8 of the
Eugene Code, 1971 shall be erected, constructed, enlarged, altered, repaired,
moved, improved, removed, converted ar demolished un1 ess a separate, appro-
pri ate permit for each bui 1 di ng, structure or building service equipment has
first been obtained from the city. Such permit shal 1 be i n addition to an
Y
other permit specifically required elsewhere by the Eugene Code, 1911,
~ 11 } Applications for permit. To obtai n a permi t, the applicant
shall complete and f i 1~~e an app~l i cati on and related materials as re ui red b
the cit q y
y manager ~ n regal ate ons developed pursuant to this code,
~ lZ } ~1 ternate materials and methods . The provisions of the tech -
n i cal codes are not ~ ntended to prevent the use of any material ar method of
construction not speci f i cal 1 y prescribed by the technical codes rovi ded an
alternate has been ~ ~ ~ p y
approved and ~ is use authors zed by the c~ ty manager. The
Ordinance - l
city manager may approve any alternate provided he/she finds:
~a} That the proposed design i s satisfactory and complies
w~ th the prove s~ ons of the technical codes, and
fib} That the material, method or work offered is, for the
purpose intended, at least the equivalent of that prescribed in
the technical codes i n sui tabi 1 i ty, strength, effectiveness, fire
resistance, durabi 1 i ty, safety and sanitation .
~ 13} Determination and issuance of ermi ts.
~a} Issuance. If work described in the application and re-
f ated maters al s conforms to the requirements of this cede, the
technical caries, other pertinent laws and regulations adopted by
the city manager, and the required fees have been paid, the city
manager shall i ssue a permi t to the apps i cant. Approved plans and
specifications shall not be changed, modified or altered without
authorization from the city manager, and all work shall be done i n
accordance with the approved plans .
fib} Partial ermit issuance. The city manager may issue a
permi t for the construction of part of a bui i di ng, structure or
bui 1 di ng service equipment before the entire plans and sped f i ca-
tions of the whole building, structure or building service equip-
ment have been submitted or approved, pravi ded adequate i nforma-
t i on and detai 1 ed statements have been f i 1 ed complying with ai 1
pertinent requirements of the technical codes. The holder of such
permit shall proceed at his/her own risk without assurance that
the permit for the entire bui 1 di ng, structure or bui 1 di ng service
wi 11 be granted.
~c} Validity of, pe„rmi t. The issuance of a permi t or approval
of plans, specifications and computations shall not be construed to
be a permi t for, or an approval of, any violation of any of the pro
v~ s i ons of th ~ s code, the technical codes or state statutes, or of
any other ordinance ar regulation of the city. Permits presuming
to give authority to violate or cancel any of those provisions
shall not be valid . The issuance of a permi t based upon plans,
sped f i cati ons and other data shall not prevent the city manager
from thereafter requiring the correction of errors in said plans,
specifications and other data, or from preventing building opera-
t~ ons be ~ ng carved on thereunder when i n violation of these codes
or of any other ardi nances yr regulations of the city.
~d } Ex i rat i on . Un1 ess the holder of a permi t requests f ror~
and ~ s granted , an extension by the city manager, every permit issued
under the prov~s~ons of this code and the technical codes shall
automatically expire by limitation and become nul 1 and void, i f
the bui 1 d~ ng or work authari zed by such permit i s not commenced
within 180 days from the date of such permit, or i f the bui 1 di ng
or work authorized by such permit i s suspended or abandoned at
any time after the work i s commenced for a peri od of 184 days, or
if the owner or builder fails to call for an inspection at a mini-
mum every 180 days, Before such work can be recommenced, a new
permit shall be obtained.
fie} Sus~en,,si-on or revocation. The city manager may suspend
or revoke a permit issued u~~nder ~~the provisions of this code and the
technical caries whenever the permit is issued in error or an the
basis of incorrect i nfarmati on supplied, ar i n vi a1 ati an of any
Ordinance - 8
ordinance or regulation, or any provision of this code ar the tech-
nical codes.
~ 14} Fees . Fees for all permits, plan reviews, inspections,
re~nspect~ons and appeals authorized or required by this administrative code
or the technical codes shall be set pursuant to section 2.04 of the Eugene
Code, 191I.
X15} I~ections.
~a} All construction or work for which a permit is re wired
shall ~ q
be subject to inspection by the city manager and all such
construction or work shall remain accessi b1 a and exposed for i n-
spectian purposes until approved. The city manager shall specify
by regulation the types and timing of inspections.
fib} Approval as a resul t of an inspection shall not be con-
strued to be an,approval of a violation of the provisions of this
code, the techn~ cal codes, or other ordinances or regulations of
the city. Inspections presuming tv give authority to violate or
cancel such provisions shall not be valid.
~c} It shall be the duty of the permit applicant to cause
the work to remain accessible and exposed far inspection purposes.
Neither the city manager nor the city shall be liable for expense
entailed i n the removal ar replacement of any material required to
allow inspection.
~d} A survey of the 1 of may be required by the city manager
to verify that the structure is located in accordance with the
approved plans and ordinances and regulations of the city.
fie} Work shall not be done beyond the point indicated i n each
successive inspection without first obtaining the approval of the
city manager.
~f} All building service equipment far which a permit is re-
qu~red by this code shall be subject to inspection by the city
manager. No portion of any bui 1 di ng service equipment shall be
concealed unto 1 ~ nspected and approved. Bui 1 di ng service equipment
regulated by the technical caries shall not be connected to the
water, fuel ar power supply or sewer system until authorized by the
city manager.
fig} Existing buildings.
I. In addition to inspections authorized elsewhere in
this code, the city manager may enter a bui 1 di ng or premises
whenever the city manager has reasonable cause to believe that
there exists i n such bui 1 di ng or upon such premises any condi -
t i on or code v i o1 ati on which makes such building yr premises
unsafe, dangerous or hazardous .
~. The city manager also may enter al 1 bui 1 di ngs and
upon all premises, except private residences, far the purpose
of conducting routine or periodic inspections to ascertain i f
fire hazards exist therein or thereon . For purposes of th i s
paragraph, a, pri vote residence means a si ng1 a family dwell i ng,
a ,duplex, try pl ex, town house, or individual dwelling units
w~th~n an apartment or condominium building; private residence
shal 1 not include common areas i n apartment or condominium
buildings, or in other multi-family dwellings. The city man-
ager also may enter any bui 1 di ng or premises wherein fire has
occurred, and other bui 1 di ngs ar premises adjoining ar near
ordinance - 9
the same. The city manager may enter any bui 1 di ng or premises
where there i s probable cause to believe that a cond i ti on of
nonconformity with a fire safety standard or order exists.
3. The city manager may enter such buildings or premises
at all reasonable times to inspect the same.
4. I f a bui 1 di ng or premises i s occupied, the city
manager shall first present proper credentials and request
entry; and if such building or premises is unoccupied, he/she
shall first make a reasonable effort to locate the owner ar
other persons having charge or control of the building or pre-
mises and request entry. Na person shall deny a request for,
or interfere w~ th ar prevent, any inspection authorized by th i s
section, 5houl d entry be refused, the city manager shat 1 have
recourse to every remedy provided by law to secure entry, in-
cluding the issuance of search warrants.
X16} S ecial ins ections.
~a} In addition to the inspection requirements contained in
subsecti an ~ 15} ,above, the ,city manager may prescribe by regulation
special ~nspect~ons for which the owner of a construction project
or the engineer or architect of record acting as the owner's agent
shall be responsible for obtaining from one or more special in-
spectors.
fib} The special inspector sha11 be a qual i f i ed person who
shall demonstrate his/her competence, tv the satisfaction of the
city manager, for inspection of the particular type of constructs vn
or operation requiring special inspection. The city manager shall
prescribe by regulation the specific duties and responsibilities of
the special inspector.
~ 11} Tests . Whenever there i s ~ a} insufficient evidence of com-
pl lance with any of the provisions of this code or the technical caries, or
fib} evidence that any material or construction does not conform to the re-
qui rements of this code or any technical code, the city manager may require
tests as proof of compliance to be made at the expense of the owner, occu-
pant or permit holder.
~ 18} Connection tv utilities . Until approved by the city manager,
no person shall make connections from a source of energy, fuel or power to
any building or building service equipment regulated by the technical codes
~ a} for whi ch a perms t i s required by this code, fib} which has been di scan-
nected or ordered disconnected by the city manager, or ~c} the use of which
has been order discontinued by the city manager.
~ 19} Certificate of accu anc .
~a} No person in charge of property shall use or occupy, or
sha11 cause to be used ar occupied, any bui 1 di ng ar structure, and
no change i n the existing occupancy classification of a bui 1 di ng
or structure or portion thereof shat 1 be made by any person i n
charge of property, until the city manager has inspected the build4
i ng or structure or portion thereof as part of the f i nai inspection
and has i ssued a cert i f i cote ar occupancy.
fib} If the city manager finds that no substantial hazard will
result from occupancy of any bui 1 di ng or portion thereof before the
same i s comps eted, he/she may i ssue a temporary certificate of
occupancy fvr the use of a ports on or portions of a bui 1 di ng or
Ordinance - ~0
structure prior to the completion of the entire bui 1 di ng or struc-
ture.
~c} The certificate of occupancy shall be posted in a con-
spicuous place an the premises. No person shall remove, deface,
or tamper with any nonce or order posted upon a building pursuant
to this code, unless first authorized by the city manager.
.~d} The city manager may deny a certificate of occupancy if
permits necessary far the building's intended use, such as hazard-
ous materials or fire safety permits, have not been obtained. The
city manager may suspend or revoke a certi f i cote of occupancy
~ sued under the prove sions of this code whenever the certificate
i s issued i n error, or on the basis of incorrect information
supplied, yr when i t i s determined that the bui 1 d i ng or structure
or portion thereof , or the use of a bui 1 d i ng or structure or por-
ti on thereof i s i n violation of any ordinance or regulation ar any
provision of this code or the technical codes. Such denial, sus-
pension or revocation may be appealed to a hearing officer pursuant
to subsection ~7} fib} of this section.
fie} T_ransfer.of,,,,,,owne,rship.
1. 4utstandin~~ Cade violations. No owner of a buildin
yr r 9
p em~ses or person ~n charge of property, upon whom any
permit, notice, or order pursuant to this code has been given
i n connection with the property shat 1 sell , transfer, or
grant such property tv another until campl fiance with the pro-
vi lions of the permit, notice, or order has been secured; or
unti 1 the owner or person i n charge of property shat 1 have
furnished to the purchaser, transferee, or grantee, prior to
such sale, transfer, or grant, a true copy of the permit,
notice, ar order, and at the same time have given adequate
notice to the city manager of his/her intent to sell , trans -
fer, or grant, and supplied the city manager with the name and
address of the person to whom the sale, transfer, or grant i s
proposed. A purchaser, transferee, or grantee who has been
informed of the existence of such a permit, notice, or order
shall be bound thereby and shall secure a certificate of
occupancy as provided by this code .
2. Transfer of certificate of occu anc .The owner of
every new bui 1 d i ng, structure, or new use estab1 i shed i n an
existing building pursuant to a change of occupancy inspec-
t~ vn and revs ew or structural permit, and for whi ch a certi -
ficate of occupancy is required, shall not sell, transfer,
or grant such property to another without furnishing and
thereby transferring the certificate of occupancy tv the pur-
chaser, transferee, or grantee.
X20} Movin~Struct„ures„ Procedures.
~a}._ No person shall~~mvve a structure until he/she obtains a
moving permit from the city manager.
fib} The city manager shall adapt regulations governing the
issuance of such mvvi ng permits, including provisions for pasting
bonds, obtaining insurance, paying inspection fees, f i 1 i ng plans,
using dol 1 i es, protection of trees, and removing of litter.
~c} No person movi ng a bui 1 di ng or structure shall 1 eave the
same standing on the streets. He/she must keep the same moving
Ordinance - ~1
with due diligence, and a failure to do so far a period in excess
of 24 hours, Sundays and 1 egal holidays excepted, shall be deemed
a nuisance. The city manager i s authorized to dismantle and re-
move from the street a building left standing in excess of 24
hours. In order to carry out the provisions of this section, the
city manager is authorized tv employ such assistance as may be
necessary for the removal of such bui 1 di ng or structure without
unreasonable delay. The cost and expense of dismantling and re-
movi ng abui 1 d i ng or structure shal 1 be a charge against the per-
son owning the structure. The city manager shall hold the 1 umber
and other materials of which the building was composed and shall
have a 1 i en thereon i n the amount of the expense and cost of d i s -
mantling and removing the same.
~d} If the bui 1 di ng and the proposed move meet al 1 the terms,
candy ti ons, and restr~ ct~ ons as set forth i n chapter 8 of the
Eugene Code, 1971, and the regulations adapted hereunder, the city
manager shall issue the permit.
X21} Numberin of Structures and Premises. A11 numbering of
structures and premises shall be done after assignment of a number by the
city manager and under his or her direction according to the following system:
4 a} The numbering of dwellings and business buildings shad l
be done by providing 144 numbers i n each block. On streets run-
ning east and west, the odd numbers shall be on the north side of
the street, and the even numbers on the south side of the street.
on streets running north and south, the odd numbers sha11 be on
the east side of the street, and the even numbers on the west side
of the street.
fib} . A11 numbers used on dwell i ngs and business bui 1 di ngs shal 1
comply with standards adopted by the city manager by regulation.
~c} Owners of all apartment units, mobi 1 e home parks, and
other mu1 ti p1 a-unit dwel 1 i ngs shall submit or cause to be submitted
to the city manager a legible map indicating the locations and num-
bers of apartments/spaces.
~d} No owner, agent or other person having control of a dwel 1-
~ ng or busy Hess bui 1 d~ ng shal 1 refuse or neglect to permanently
number the same prior to the request far a final building inspec-
tion required by Chapter 8 of the Eugene Code, 1971.
fie} Dwellings and business bui 1 di ngs i n annexed areas shal 1
be numbered i n accordance with this section and to conform to the
city~s block numbering system.
. X22} Notification of violations. Upon finding a violation of any
prov~s~on of this code, the technical codes, or any regulation adopted here-
under, the city manager shat 1 nati fy the occupant or owner of the bui 1 di ng
or prern~ses or his or her agent, of the violation. As part of the notice,
or separately, enforcement action authorized by this code, or elsewhere in
the Eugene Cade, 1911, may be taken.
~~3} Reinspection. In addition to other enforcement actions taken,
the city manager may set a~time and date far a reinspection to determine
the violations identified have been corrected .
X24} Stop work orders. Whenever any work i s being done contrary
to prav~ s~ ons of the administrative code, of the technical codes to which
the administrative code applies, or of the regulations adapted thereunder,
or the city manager has probable cause to believe that any other provision
Ordinance - 12
of the Eugene Cade, I91I, is being.vialated in connection with the project
of why ch the work bey ng ,performed ~ s a part, the city manager may order the
work stopped by note ce i n writing, posted an the project, or served on any
person engaged i n the doing or causing of such work to be done, and any such
person shall immediately stop such work until authorized by the city manager
to proceed.
X25} Abatement of Dan Brous Bui l di n s.
~a} No person in charge of property upon which a dangerous
building exists shall knowingly suffer or permit such building or
unsafe appendage to be or remain dangerous for more than ten ~ IO}
days after receipt of notice of the dangerous condition.
fib} The city manager shal 1 specify, by regulation, condi ti ans
under ~whi ch a bui 1 di ng shall be considered dangerous for purposes
of this section. Such conditions shall include any structure,
building or portion thereof, or any building service equipment
which:
I . Is deficient i n terms of life safety, including but
not limited to, inadequate exit way facilities,
2. Is structurally unsound and could lead to its par-
ti ai or entire col 1 apse so as to endanger other properties or
human 1 ife, or
3. Is especially liable to cause fire, electrical
shack, axphyxi ati on, ar spread of contagi aus or infectious
disease.
~c} Whenever the city manager concludes that a dangerous
bu~ld~ng exists, he/she shall post upon each exit of the building
a note ce why ch declares the bui 1 di ng unsafe; prohibits entry; des-
cribes the property by address; and informs the owner, occupant
or other responsible person that the unsafe conditions must be
remedied wi thi n a set peri ad of time, or that the city may proceed
to make the building safe or demolish the building and charge the
cost to the owner. The notice a1 so must state that i t can be
appealed within ten days f ram the date of pasting .
~d} In addition to pasting the dangerous bui 1 di ng, the city
manager shal 1 send a copy of the posting tv ai 1 persons identified
by the records of the county Department of Assessment and Taxation
as the owners of the property, and notify them of the emergency
and the condi ti ons why ch necessitated the determination and post-
ing, The notice shall be personally served or sent by certified
mai 1 na 1 ater than two working days foi 1 owi ng the date of posting .
fie} Na person shall remain in or enter any building which
has been pasted as dangerous, except that entry may be made to
repair, demolish, or remove such building under permit. No person
shall remove or deface any such notice after it is posted until
the required repairs, demolition, ar removal have been completed
and a certificate of occupancy issued by the city manager.
~f} Either an owner or tenant of the property may appeal to
a.hearing official as provided in subsection ~7} fib} of this secw
ti on. In adds t~ on to the other authority delegated to the hearing
official , the hearing official may order i t removed and abated i f
i n his/her judgment such removal ar abatement i s necessary to re-
move the dangerous condition . The hearing official also shat l
have the power to order the building made safe or to prescribe
Ordinance - 13
what acts must be done to render the same safe.
fig} Every bui 1 di ng or part thereof which i s found to be a
dangerous building is hereby declared to be a public nuisance,
and the same may be abated either summarily under section 6.110
of,the Eugene Cade, 1911,ar through the procedures specified in
this sects on, or by a sup t for abatement thereof brought i n a
court of competent jurisdiction.
X26} Stop use, ,,,order. Whenever the city manager determines that any
bui 1 d~ ng, structure or prem~ ses ~ s bey ng used contrary to the provisions of
a techn i cal code, the city manager may order, by written notice, such use
discontinued, and the structure, premises or portion thereof vacated. The
notice shall be served on any person causing such use to be continued. When-
ever the city manager determines that any equipment or system, or portion
thereof, regulated by any technical code has became hazardous to 1 i fe,
health or property, the city manager may order that such equipment either
be removed yr restored to a safe or sanitary cvndi ti on, as appropriate. The
notice shall fix a time limit for compliance with such order. No person
shall use or occupy a building or premises, or use or maintain the defective
equipment or system after receiving such notice.
X27} Utilit disconnect. The city manager may disconnect any
ut~ 1 ~ ty serve ce or energy suppl ~ ed to any bui 1 di ng, structure ar bui 1 di ng
service equipment therein where necessary to eliminate an immediate hazard
to 1 i fe or property, where work has been performed wi thout a requi red permit,
where work is being done in violation of any provision of this code or the
technical codes, and where the bui 1 di ng i s being accupi ed i n violation of
this code or the technical codes. Whenever possible, the city manager shat l
notify the serving utility, the owner and occupant of the building, structure
or building service equipment of the decision to disconnect prior to taking
such action, and shall notify such serving utility, owner and occupant of
the building, structure or building service equipment, in writing, of such
d~ sconnect~on ~mmed~ ately+thereafter. The city manager shall thereupon place
a note ce on the prem~ ses ~ n a manner to reasonably apprise those coming on
the property of the disconnection. It shall be un1 awful for any person to
remove the note ce of disconnection. The city manager shal 1 authorize recon-
nection of uti1 ity service when he/she is satisfied the condition which led
to the disconnection wi 11 be expeditiously corrected or i s corrected .
X28} Administrative civil penalty.
.,~
Via} Yn addi ti~on ~ to, ~ and not i n lieu of any other enforcement
mechanism authorized by this code, upon a determination by the city
manager that a person has violated this administrative code or any
provision of a techn i cal code, the city manager may impose upon the
violator and other responsi b1 a person, an administrative ci vi 1
penalty as provided by section 2.018 of the Eugene Code, 1911. For
purposes of this section, a responsible person includes:
1. The owner of the building, and
2. Where the violator works for a contractor, either as
an employee, subcontractor, or independent contractor, the
contractor and/ar other employer.
fib} In addition to enforcement mechanisms authorized else-
where in the Eugene Code, 1971, failure to pay an administrative
penalty imposed pursuant to subsection ~a} of this section shal 1
be grounds for;
Ordinance - 14
1. Withholding issuance of any requested permits or
inspections far the property at which the violation occurred,
and
2. Issuance of a stop work order.
~~9} Enforcement mechanisms non-exclusive. No enforcement mechan-
ism is exclusive. The city manager may employ one or more of the enforcement
mechanisms authari zed above or elsewhere i n the Eugene Code, 1911.
Section 1. Subsection ~2} of Section 8.040 of the Eugene Code, 1971,
is amended to provide:
.040 Structural S ec~,al t C,,,,,,,,,~_
., ~~,~~,A ~~~„~, Y ..ode .
~2} Where any provision of Chapters 1, 2, or 3 conf~ ict with sec-
tion S.o05 of the Eugene Code,,1911, or the regulations adopted thereunder,
the i otter sects on and regul ate ons shall control .
Section 8. Section 8.060 of the Eugene Code, 1911, is amended to pro-
vide:
8.060 Mechanical S ecia1t Code.
~1} The State of Oregon 1990 Edition Mechanical Specialty Code is
hereby adopted, subject to the additions, deletions and modifications set
forth i n the subsections below.
~2} Where any provision of Chapters 1, 2 or 3 of the Oregon State
Mechan ~ cal Spec ~ a1 ty Code confl ~ cts with section 8, 045 of the Eugene Code,
1911, or the regulations adapted thereunder, the 1 otter secti On and regul a-
tions shall control.
~3 } Append i ces A and B are adopted .
Section 9. Subsection ~Z} of Section 8.070 of the Eugene Code, 1911,
i s amended to provide:
8.070 Ore on P1 umbi n S eci a1 t Code.
~2} Where any provision of Part 1, Administration, of the Oregon
State P1 umb~ ng Sped al ty Cade conflicts with section 8, 045 of the Eugene
Cade, 1911, ar the regulations adopted thereunder, the latter section and
regulations shall control,
Section 10. Section 8.015 of the Eugene Code, 1911, i s amended by add-
a new subsection ~3} thereto, to provide:
Ordinance - 15
8.o75 Electrical~Spec,i„a1a~ Code.
~3} where any provision of Chapters 1, 2, or 3 of the Electrical
Specialty Code conflicts with section 8.005 of the Eugene Code, 1971, or the
regulations adopted thereunder, the latter section and regulations shall
control .
Section 11. Section 9.995 is hereby added to the Eugene Code, 1911, to
provide:
~r Adm~n~strat~ve C~v~l Penalt .
~,~~~~_ ~1} In addition to, and not in lieu of any other enforcement
mechanism authori Zed by this code, upon a determi nati on by the city manager
or his/her designee that a person has violated a provision of this chapter,
the city manager or designee may impose upon the violator and/or any other
responsible person, an administrative civil penalty as provided by section
2.018 of this code. For purposes of this section, responsible person in-
cludes the violator, and if the violator is not the owner of the building
or property at which the violation occurs, the owner as well.
~2} In addition to enforcement mechanisms authari zed elsewhere i n
this code, f ai 1 ure to pay an administrative penalty imposed pursuant to sub-
section ~1} of this section shall be grounds for withholding issuance of any
requested permits or licenses, issuance of a stop work order, if applicable,
ar revocation ar suspension of any issued permits or licenses.
Section 12. All fees i n existence at the time this Ordinance becomes
effective which have been established in or under authority of sections
amended or repealed herein, shall remain i n effect until new fees are estab-
1 i shed pursuant to the provisions contained herein .
Section 13. The City Recorder, at the request of, or with the concur-
rence of the City Attorney, i s authorized to admi n i strat i ve1 y correct any
reference errors cantai ned herein, or i n other provisions of the Eugene Code,
1971, to the provisions added, amended or repealed herein.
Passed by the City Counci 1 thi s
8th day of October, 1990
~-- f~
City Re rder
Ordinance - 16
Approved by the Mayor this
8th day Oc ber, 1990..
r
i `
1I~ @
f j~~
ayor