TITLE 15 - Index

 

TITLE 15 - BUILDINGS AND CONSTRUCTION

CHAPTER 15.04 – BUILDING CODE*

* For statutory provisions on the State Building Code, see ORS 456.750 et seq.

Sections:
15.04.010 Compliance with state law
15.04.020 Administration of program
15.04.030 Boundaries of fire zones
15.04.040 Agricultural buildings
15.04.050 Excavation and grading
15.04.060 Interpretation of provisions
15.04.070 Unsafe buildings
15.04.080 Board of appeals
15.04.085 Heat pumps and mechanical devices
15.04.090 Violations; Penalties; Remedies
15.04.100 Building Official: Authority to Impose Administrative Civil Penalty  15.04.110 Appeal Procedures
15.04.120 Unpaid Penalties                                                                     15.04.130 Notice of Violations and Stop Work Orders

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15.04.010 Compliance With State Law.  In addition to compliance with this chapter 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 Safety Code adopted by the state Fire Marshal as those codes now are and all subsequent amendments and additions thereto.  No person shall conduct building or related activities without compliance with these codes within the city.  (Ord. 1444, 1979; Ord. 1364, 1974)

15.04.020 Administration of Program. The city shall provide for the administration of a plan checking, building permit and inspection program for structural and mechanical work, but not for plumbing and electrical work.

A. The city program is applicable to public buildings including state building, as well as private building.  (Ord. 1364, 1974)

15.04.030 Boundaries of Fire Zones. In accordance with the provisions of the State Building Code for recognition of local fire zones and in particular, Section 1601 of the Structural Specialty Code, the city is by Ordinance No. 1344 (76) adopted January 28, 1974, divided into fire zones nos. 1, 2 and 3, with each such zone to have the boundaries as set forth in such ordinance and which by reference is also made a part of this chapter. (Ord. 1364, 1974)

15.04.040 Agricultural Buildings.  Chapter 15 entitled "Agricultural Buildings" of the appendix to the 1976 edition of the Uniform Building Code copyrighted by the International Conference of Building Officials and all amendments and additions thereto shall be in effect in the city.  (Ord. 1444, 1979; Ord. 1364, 1974)

15.04.050 Excavation and Grading.  Chapter 70, entitled "Excavation and Grading" of the appendix to the current edition of the Uniform Building Code copyrighted by the International Conference of Building Officials, together with all amendments and additions thereto, shall be in effect in the city.  (Ord. 1632, 1990; Ord. 1444, 1979; Ord. 1364, 1974)
 
15.04.060 Interpretation of Provisions.  In addition to the provisions of Section 106 of the Structural Specialty Code and similar provisions of other specialty codes, the building official may approve a material or method of construction not specifically prescribed by this chapter provided he 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 emergency conservation, and 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 de sign to the city board of appeals as provided in Section 204(a) of Structural Specialty Code, and a person affected by ruling of the building official may appeal such ruling to the board of appeals within thirty days of the date of ruling.  The provisions of this section shall not be interpreted to preclude a person from requesting a ruling from the Director of the Department of Commerce prior to the submitting of an application to the city for permit, or after withdrawing previously submitted application.  (Ord. 1364, 1974)

15.04.070 Unsafe Buildings.  The law referred to in Section 203 of the Structural Specialty Code is the ordinance of the city providing for the abatement of public nuisances.  (Ord. 1364, 1974)

15.04.080 Board of Appeals.  For application in the city, Subsection A of Section 204 of the Structural Specialty Code in subsection A of Section 203 of the Mechanical Specialty Code are replaced with the following:

"In order to determine the suitability of alternate materials and methods of construction and provide for reasonable interpretation of the provisions of standards applicable to buildings and related activities administered through this City there is created a Board of Appeals consisting of five (5) voting members who are qualified by experience and training to pass upon matters pertaining to building and related activities.  The building official shall be an ex officio non voting member and shall act as Secretary of the Board.  The Board of Appeals shall be appointed by the Council and hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and finding in writing to the building official with a duplicate copy to the appellate.  The administrator of the State Building Code Division shall be furnished a copy of decisions interpreting State Building Code requirements." (Ord. 1364, 1974)

15.04.085 Heat Pumps and Mechanical Devices. The following standards shall govern the issuance of permits and noise levels of heat pump and other mechanical installations:

A. Existing Heat Pumps and Mechanical Devices.  No person owning or controlling an existing commercial or residential heat pump or mechanical device shall cause or permit operation of that noise source if the noise levels generated by the heat pump or mechanical device exceed fifty db as measured within twenty five feet of the nearest residential structure on an adjacent parcel of land.

B. New Heat Pump and Mechanical Installations. Effective upon adoption of the ordinance codified in this section, no person shall install, or operate, a commercial or residential heat pump or mechanical device if noise levels from its operation exceed forty five db within twenty five feet of the nearest residential structure on an adjacent parcel of land, or within twenty five feet of the property line of any adjacent unoccupied parcel of land zoned for residential use.


C. Permit Requirement.  No person shall install a commercial or residential heat pump or mechanical device prior to submitting a permit application to the building official and receiving approval.  All applications shall certify that the operation of the heat pump or mechanical device will meet the provisions of Section 2 using the Air Conditioning and Refrigeration Institute Standards for Application for Sound Rated Outdoor Unitary Equipment (Standard 275).

D. Enforcement Responsibility.  It shall be the responsibility of the building official to assure all provisions of this section are met prior to issuing an installation permit for a heat pump or mechanical device.

E. Variances. Where practical difficulties, unnecessary hardships, or results inconsistent with the provisions of this section exist, a variance not to exceed five percent of the maximum noise levels permitted herein may be granted by the building official.  Any person dissatisfied with the decision of the building official may appeal such decision in writing to the city council within ten days of such decision.  The city council may grant a variance to the extent that the council finds the variance to be consistent with the terms of this section.  (Ord. 1531, 1983)

15.04.090 Violation; Penalties; Remedies. 

A.  No person, firm, corporation or other entity however organized shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or 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. (Ord. 1990)

B.  All violations of any provision of this chapter shall be subject to an administrative civil penalty not to exceed $500 and shall be processed in accordance with the procedures set forth in this chapter. (Ord. 1990)

C.  Each day that a violation of a provision of this chapter exists constitutes a separate citable violation. (Ord. 1990)

D.  In addition to the above penalties, a condition caused or permitted to exist in violation of this chapter is a public nuisance and may be abated by any of the procedures set forth under any applicable law. (Ord. 1990)

E.  The penalties and remedies provided in this section are not exclusive and are in addition to other penalties and remedies available to the City under any ordinance, statute or law. (Ord. 1990) 

15.04.100 Building Official: Authority to Impose Administrative Civil Penalty. 

A.  Upon a determination by the building official that any person, firm, corporation or other entity however organized has violated a provision of this chapter or a rule adopted there under, the building official may issue a notice of civil violation and impose upon the violator and/or any other responsible person an administrative civil penalty as provided by subsections (A) to (K) of this section.  For purposes of this subsection, a responsible person includes the violator, and if the violator is not the owner of the building or property at which the violation occurs, may include the owner as well. (Ord. 1990) 

B.  Prior to issuing an order to correct a violation under this section, the building official may pursue reasonable attempts to secure voluntary correction. (Ord. 1990)

C.  Prior to issuing a notice of civil violation and imposing an administrative civil penalty under this section, the building official shall issue an order to correct a violation to one or more of the responsible persons.  Except where the building official determines that the violation poses an immediate threat to health, safety, environment, or public welfare, the time for correction shall be less than seven calendar days. (Ord. 1990)

D.  Following the date or time by which the correction must be completed as required by an order to correct a violation, the building official shall determine whether the required correction has been completed.  If the required correction has not been completed by the date or time specified in the order, the building official may issue a notice of civil violation and impose an administrative civil penalty to each responsible persons to whom the order to correct was issued. (Ord. 1990)

E.  Notwithstanding subsections (B) and (C), the building official may issue a notice of civil violation and impose an administrative civil penalty without having issued an order to correct violation or made attempts to secure voluntary correction where the building official determines that the violation was knowing or intentional or a repeat of a similar violation. (Ord. 1990)

F.  In imposing an administrative civil penalty authorized by this section, the building official shall consider: (Ord. 1990)

1. The person's past history in taking all feasible steps or procedures necessary or appropriate to correct the violation;
2. Any prior violations of statutes, rules, orders, and permits;
3. The gravity and magnitude of the violation;
4. Whether the violation was repeated or continuous;
5. Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act;
6. The violator's cooperativeness and efforts to correct the violation; and
7. Any relevant rule of the building official.

G. Any notice of a civil violation that imposes an administrative civil penalty under this section shall either be served by personal service or shall be sent by registered 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 if to an address within this state, and seven days after the date mailed if to an address outside this state.  Every notice shall include the following information: (Ord. 1990)

1.  Reference to the particular code provision, permit requirement, ordinance number, or rule involved;
2.  A short and plain statement of the violation or how the structure or property in question is a violation;
3.  A statement of the amount of the penalty(ies) that are, or could in the future be, imposed;
4.  The date on which the order to correct was issued and time by which correction was supposed to be made, or if the penalty is imposed pursuant to subsection (E), a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated; and
5.  A statement of the party's right to appeal the civil penalty to the City Manager; a description of the process the party is required to use to appeal the civil penalty; and the deadline by which such an appeal must be filed.

H.  Any person, firm, corporation or other entity however organized to whom a notice of civil penalty is issued may appeal the penalty to the City Manager.  The provisions of Section 15.04.110 shall govern any requested appeal. (Ord. 1990)

I.  A civil penalty imposed hereunder shall become final upon expiration of the time for filing an appeal, unless the responsible person appeals the penalty to the City Manager pursuant to, and within the time limits established by, Section 15.04.110. (Ord. 1990)

J.  Each day the violator fails to remedy the code violation shall constitute a separate citable violation. (Ord. 1990)

K.  The civil administrative penalty authorized by this section shall be in addition to:  (1) Assessments or fees for any costs incurred by the City in remediation, cleanup, or abatement, and (2) any other actions authorized by law, provided that the City shall not issue a citation to Municipal Court for a violation of this Chapter. (Ord. 1990)

15.04.110 Appeal Procedures. 

A.  A person, firm, corporation or other entity, however organized, that is aggrieved by an administrative action of the building official taken pursuant to any section of this chapter that authorizes an appeal under this section may, within 15 days after the date of notice of the action, appeal in writing to the building official.  The written appeal shall be accompanied by the appeal fee, set by resolution of the city council, and shall include the following information: (Ord. 1990)

1.  The appellant’s name and address;
2.  Identify the determination that is being appealed and describe it generally;
3.  The reason the determination is incorrect; and
4.  What the correct determination of the appeal should be.  If a person, firm, corporation or other entity however organized appeals a civil penalty to the City Manager, the penalty shall become final, if at all, upon issuance of the City Manager’s decision affirming the imposition of the administrative civil penalty.

B.  If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until a final determination of the appeal.  Notwithstanding this paragraph, an emergency suspension shall take effect upon issuance of, or such other time stated in, the notice of suspension. (Ord. 1990)

C.  Unless the appellant and the City agree to a longer period, an appeal shall be heard by the City Manager within 30 days of the receipt of the notice of intent to appeal.  At least 10 days prior to the appeal hearing, the City shall mail notice of the time and location thereof to the appellant. (Ord. 1990)

D.  The City Manager shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence the City Manager deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or through an attorney.  The burden of proof shall be on the building official.  The rules of evidence as used by courts of law do not apply. (Ord. 1990)

E.  The City Manager shall issue a written decision within 10 days following the hearing.  The City Manager’s written decision shall be final. (Ord. 1990)
 
F.  Except as provided in this subsection, the appeal fee is not refundable.  The City Manager may make a determination on the motion of the appellant that the appeal fee is refunded to the appellant upon a finding by the City Manager that the appeal was not frivolous. (Ord. 1990)

G.  Failure to pay a penalty imposed hereunder within 10 days after the penalty becomes final as provided in subsection (A) shall constitute a violation of this code.  Each day the penalty is not paid shall constitute a separate violation.  The building official is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by section 15.04.120, other provision of this code or state law. (Ord. 1990)

15.04.120. Unpaid Penalties.

A.  Failure to pay an administrative penalty imposed pursuant to this code within ten days after the penalty becomes final shall constitute a violation of this code.  Each day the penalty is not paid shall constitute a separate violation.  The building official is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by subsection (B) below, other provisions of this code, or state statutes. (Ord. 1990)

B.  If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property, and the penalty remains unpaid 30 days after such penalty become final, the building official shall assess the property the full amount of the unpaid fine and shall enter such an assessment as a lien in the city and/or county lien docket(s).  At the time such an assessment is made, the building official shall notify the responsible person that the penalty has been assessed against the real property upon which the violation occurred and has been entered in the city and/or county lien docket(s).  The lien shall be enforced in the same manner as all City liens. Interest shall commence from the date of entry of the lien in the lien docket. (Ord. 1990)

C.  In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to this code shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or certificates of occupancy. (Ord. 1990)

15.04.130. Notice of Violations and Stop Work Orders.  Whenever any work on any building, structure, electrical, gas, mechanical or plumbing system is being done contrary to the provisions of this chapter or other ordinance of the city, the building official may order the work stopped by giving written notice of the violation.  The building official shall give the written notice to the owner of the property or his agent or to any person doing the work or causing it to be done and shall also post the property.  The notice shall state the specific violations and conditions under which work may be resumed.  If the building official determines that an emergency exists or there is an imminent threat of harm to the public generally or individuals, the building official may order all work stopped without prior written notice by issuing a Stop Work Order.  Upon issuance and posting of a Stop Work Order, all work shall immediately cease. (Ord. 1990)

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CHAPTER 15.06 CONSTRUCTION SITE PREPARATION

Sections:
15.06.010 Purpose
15.06.020 Construction site preparation standards
15.06.030 Construction site preparation permit required
15.06.040 Penalties

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15.06.010 Purpose.  The purpose of this Chapter is to regulate construction site preparation.  Construction site preparation may include excavation, rock removal, rock crushing, earth moving, grading, erosion control, fill and other similar activities.

15.06.020 Construction Site Preparation Standards.  The City Engineer shall adopt construction site preparation standards addressing the site preparation activities listed above.  The standards shall be consistent with the provisions of this Chapter and shall address the standards under which permits may be issued.  The standards shall be established as a section of the City of Hood River Engineering Standards.

15.06.030 Construction Site Preparation Permit Required.   No person shall conduct site preparation activities if the activities involve any excavation, rock removal, rock crushing, earth moving, fill or other similar activities, without first obtaining a construction site permit for site preparation.  The application and permit requirements shall be prescribed by the City Engineer in the City of Hood River Engineering Standards.  The permit fee shall be established by Council resolution.

15.06.040 Penalties.  Failure to obtain a construction site permit prior to commencing construction site preparation activities is a violation of this Code and the City Engineer shall have the authority to order the immediate cessation of the activities and revoke the permit.  Conviction of the violation is punishable by a fine not to exceed $500 per day.  Every day that construction site preparation activities occur without a permit constitutes a separate offense.

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CHAPTER 15.12 - MOVING BUILDINGS

Sections:
15.12.010 Permit required Exception
15.12.020 Permit Application and bond requirements
15.12.030 Permit issuance and prerequisites Refusal hearing
15.12.040 Equipment requirements
15.12.050 Limitation of permit
15.12.060 Violation—Penalty

15.12.010 Permit Required - Exception.

A. No person, firm, or corporation shall move a building or part of a building from one lot to another without first making an application and obtaining a permit to move the building.

B. This chapter shall not apply to persons, firms, or corporations moving a building within the confines of a lot or contiguous lots when the building is not moved over public property, public streets, or alleys, or property be longing to another person, firm, or corporation.  However, at a new location, a moved building or part of a building shall conform to the city building code, fire prevention code, zoning ordinances, and other applicable ordinances. (Ord. 1117, 1961)

15.12.020 Permit - Application and Bond. 

A. An applicant for a permit to move a building shall file an application with the city engineer at least fifteen days before the proposed moving date.  The application forms shall be provided by the city and the applicant shall submit information required by the city.

B. An applicant shall notify public utility companies controlling or maintaining electric power, telephone, telegraph or other overhead wires in the city at least two weeks before the proposed moving date, indicating the applicant's intention to move a building or part thereof, the proposed route, and date of moving.

C. At the time of applying for a permit, the applicant shall submit to the city engineer a letter or other written notification from the public utility companies stating the time they were notified of the proposed moving of the building.

D. Before a permit is granted, the applicant for a permit shall file with the city recorder a bond running to the city in an amount covering 100% of the estimated cost to repair or replace any public rights of way or portions thereof and executed by a corporate surety authorized to transact surety business in the state.  The estimated cost is subject to approval by the City Engineer.  The bond shall be conditioned as follows:
1. That the applicant, if granted a permit, shall, in moving the building, conform to all requirements relating thereto which are now or may be hereafter established by the council; and
2. That the applicant will promptly repair and make good to the satisfaction of the council any damage to pavement, sidewalks, crosswalks, hydrants, sewers, water lines, streets, alleys, or other public or private property done or caused by the applicant, his servants or employees in moving a building or part of a building.  That the applicant will perform the work and provide a warranty in accordance with Chapter 13.36.

E. The applicant shall also file with the city recorder a public liability policy with policy limits of not less than the City’s liability limits under the Oregon Tort Claims Act in a form acceptable to the city recorder; such policy providing protection against damage or injury occurring in the course of moving a building and naming the City as an additional insured.

F. The applicant shall pay a permit fee set by council resolution before receiving a permit.  (Ord. 1730, 1996; Ord. 1117, 1961)

15.12.030 Permit Issuance and Prerequisites - Refusal Hearing.

A. Before issuing a permit the city engineer shall confer with public utility companies in an effort to establish a route, a plan for moving, and a date which is satisfactory to the utility companies, and the city engineer shall personally examine the proposed route for moving the building.  (Ord. 1728, 1996)

B. A permit issued under this chapter shall specifically describe the route to be taken in moving the building, the approximate length of time which may be consumed in the moving process, and the day and time on which the moving shall start. The building or part of a building moved shall not be moved on a route other than that specified in the permit.

C. If the applicant has complied with all of the requirements of this chapter, the city engineer shall issue a permit to move the building, or shall refer the matter to the city manager and his decision thereafter shall be final.

D. If a permit is refused, the city manager shall provide for a hearing at which the applicant may present information or relevant considerations to the council.  (Ord. 1728, 1996; Ord. 1117, 1961)

15.12.040 Equipment Requirements.  A person, firm or corporation moving a building or part of a building over or across a street, alley, or other public property shall support the building being moved on equipment with pneumatic tires.  The inflated pneumatic tires shall be of sufficient size to reasonably carry the load being moved without damage to the surface on which the load is moved.  (Ord. 1117, 1961)

15.12.050 Limitation of Permit.  A permit issued under this chapter does not authorize the permittee in moving a building to break, injure, damage, or move public utility facilities, trees or other public or private property with out permission from the owner of such property.  (Ord. 1117, 1961)

15.12.060 Violation - Penalty.  Any person violating any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine not to exceed that set by council resolution, or by imprisonment in the city jail for a period not to exceed sixty days, or by both.  (Ord. 1728, 1996, Ord. 1117, 1961)

 

 

 

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CHAPTER 15.16 - BUILDING PERMITS

Sections:
15.16.010 Prerequisites for building permit issuance
15.16.020 Conditions for issuance for property outside platted subdivision
15.16.030 Sidewalk construction permit required concurrently with building permit When
15.16.040 Exceptions to Section 15.16.030
15.16.050 Additional exceptions to Section 15.16.030
15.16.060 Sidewalk construction by city Assessment
15.16.070 Elevation Plot plan requirements
15.16.080 Elevation Building permit requirement
15.16.090 Grading requirements

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15.16.010  Prerequisites for building permit issuance. No building permit will be authorized for addition, alteration, intensification of use, change of occupancy or erection of a building within the city or the city urban growth boundary unless:

     A.  The tract of land upon which the building is or will be located is within the boundaries of an approved or tentatively approved subdivision or partition plat in accordance with Title 16; and

     B.  The tract of land upon which the building is or will be located has satisfactory access to a public street dedicated and accepted as set out on an approved subdivision or partition plat; and

     C.  The tract of land upon which the building is or will be erected is located on a street that has been improved or will be improved to city standards by the permit applicant as a condition of permit issuance for the frontage of the tract by the placing of curbs, gutters, storm sewers, and paving with an all weather hard surface to city standards for the street classification on which it is located.  Or, if the tract of land upon which the building is or will be erected is not located on a street that has been improved to city standards, the City may, in the City’s sole discretion, condition issuance of the permit on one or more of the following in lieu of a condition of permit issuance requiring the applicant to improve the frontage of the tract as required above:

  a. Improvement Agreement.  The Improvement Agreement obligates the applicant and their heirs, successors and assigns to pay for and/or construct the frontage improvements at such time as the City requests.  An Improvement Agreement must be recorded in the deed records of Hood River County.

  b. Security.  The applicant posts cash or other form of security acceptable to the City for the estimated cost of the frontage improvements.  The security (in whatever form) must be for an amount equal to the estimate of the cost of the frontage improvements, provided by a qualified engineer licensed in the State of Oregon, plus 20%, and subject to approval by the City Engineer. 

D.  The owner shall provide the city with a waiver of remonstrance (previously known as an Agreement for Improvements).  The waiver of remonstrance waives the applicant’s and their heirs, successors and assigns’ right to object to the formation of a local improvement district for any street improvements necessary now or in the future that benefit the subject tract of land, signed by the owner(s) of the tract.  A waiver of remonstrance must be recorded in the deed records for Hood River County.

E.  The building proposed on such tract complies with the site development standards, and other requirements, as listed in Chapter 17 of this code.

15.16.020 Conditions for Issuance for Property Outside Platted Subdivision.  The City Engineer may, with or without submission of the issue to the city Council, authorize the issuance of a building permit upon property within the limits of the city or the city urban growth boundary, which is not located within the boundaries of a platted and accepted subdivision, if it is shown that:

A. No useful purpose would be served by platting the property upon which the building is or will be erected;

B. The building is or will be located along a public street or will have satisfactory access thereto; and

C. The granting of such permit will not in any way interfere with the future opening, accepting, grading, paving or lighting a street, or the laying of sewer and water lines or making connections from the city mains to such lines; or

D. Public convenience and necessity will best be served by the granting of such a permit.

E. The owner of the tract of land for which the building permit is requested will in writing bind himself, his successors in interest to the land and the land itself, at the request of the city, to join in a petition for the improvement of such street to city standards as required by subsection C of Section 15.16.010, appoint the mayor as his attorney in fact to join in such petition and waive the right to file written remonstrance with the Council upon any hearing for proposed improvement or annexation of the street fronting on such tract of land.

F. The building proposed on such tract of land complies with the site development standards, and other requirements as listed in Chapter 17 of this code.  (Ord. 1627, 1990; Ord. 1558, 1985;  Ord. 1437, 1978; Ord. 950, 1952)

15.16.030 Permit for Sidewalk Construction Required Concurrently With Building Permit. Concurrently with the issuance of any building permit for the construction of any dwelling or business structure or any addition to any dwelling or business structure outside an industrial zone, the value of which is fifty percent or more of the assessed value of the structure, the owner, builder or contractor to whom the building permit is issued shall obtain a construction site permit for the construction of a sidewalk within the dedicated right of way for the full street frontage in front of or at the side of such property in which a sidewalk in good repair does not exist.  The sidewalk shall be constructed in accordance with the City’s Engineering Standards. The sidewalk construction shall be completed within the building construction period or within the terms of the permit. (Ord. 1871, 2005; (Ord. 1528, 1983;  Ord. 1314, 1972;  Ord. 1225, 1967)

15.16.040 Exceptions to Section 15.16.030.  If the landowner signs an agreement for improvements for sidewalk construction, the City Engineer may issue a building permit and certificate allowing noncompliance with the provisions of Section 15.16.030 to the owner, builder or contractor when, in his/her opinion, the construction of a sidewalk is impractical for one or more of the following reasons:

A. Sidewalk grades have not been and cannot be established for the property in question within a reasonable period of time;

B. Future installation of public utilities or street paving would, of necessity, cause severe damage to the existing sidewalk or those to be constructed;

C. Right of way width is insufficient to accommodate a sidewalk on one or both sides of the street;

D. Topography or contours make the construction of a sidewalk impractical;

E. The noncompliance provided in subsections A and B of this section shall be temporary and shall cease to exist when grades are established for the sidewalk(s), or when public utilities and/or street paving have been constructed.  The permit shall indicate the reason for its issuance.  (Ord. 1528, 1983; Ord. 1225, 1967)

15.16.050 Additional Exceptions to Section 15.16.030.  If the owner, builder or contractor considers the construction of a sidewalk impractical for any reason other than those listed in Section 15.16.040, such owner, builder or contractor may appeal the decision of the City Engineer to the city planning commission, and the city planning commission shall recommend to the Council whether a permit and certificate of noncompliance shall or shall not be granted, and the Council may thereupon grant a permit and certificate of noncompliance.  (Ord. 1225, 1967)

15.16.060 Sidewalk Construction by City - Assessment.  If a sidewalk is not constructed as required by Section 15.16.030, then the city may construct or hire a contractor to construct a sidewalk for the full street frontage in front of and at the side of such property; and the assessment and collection of the costs of such improvement will be assessed against the property and borne by the property and the owner of the property as provided by Section 13.20.030.  (Ord. 1314, 1972;  Ord. 1225, 1967)

15.16.070 Elevation - Plot Plan Requirements.  Each applicant for a new structure or major remodeling of an existing structure or the creation of a parking site shall file with the city building official a plot plan with elevations showing the relationship between the existing street level, whether improved or unimproved, and the structure, the driveway, the proposed parking site, and the grade of the driveway leading to such proposed structure and any proposed parking site.  (Ord. 1437, 1978)

15.16.080 Elevation - Building Permit Requirement.  No building permit may be issued by the city building official unless the building elevation and the parking site or sites therefore be so located as to provide to the satisfaction of the City Engineer that the following requirements are met, and all according to established city policy:

A. Reasonable and convenient access from an existing improved street grade to such structure and to any parking site on the area serving the structure or any independent parking site;

B. Adequate drainage is provided both inside and out side and around the structure to an existing storm sewer or other lawful and suitable drainage area.  (Ord. 1437, 1978)

15.16.090 Grading Requirements.  If the street has not been improved with paving, gutters and curbs, then upon receipt of request for building permit on property not fronting on such improved street, the City Engineer shall establish the proposed street grade to which the improved street would be built.  The structures and/or parking sites to be constructed shall provide a reasonable grade and convenient access from such proposed street grade as may be established by the City Engineer.  (Ord. 1437, 1978)

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CHAPTER 15.20 - TELEVISION AND RADIO TOWERS

Sections:
15.20.010 Definitions
15.20.020 License Required Exceptions
15.20.030 License Application requirements
15.20.040 License Fees
15.20.050 License Bond requirements
15.20.060 Damage by failure of principal to comply Procedure
15.20.070 Established place of business required for license
15.20.080 Permit required for erecting antennas
15.20.090 Permit Fees Required application information
15.20.100 Installation standards
15.20.110 Certain installations prohibited in automobiles
15.20.120 Permit not required for minor antenna repairs
15.20.130 Maintenance of existing antennas and towers
15.20.140 Duties, rights and powers of building inspector
15.20.150 Interference with building inspector prohibited
15.20.160 Completion of work Notice for inspection Disapproval Reinspection
15.20.170 Violation—Penalty

15.20.010 Definitions.  The following definitions shall apply in the interpretation and enforcement of this chapter:

A. "Antenna" means the outdoor portion of the receiving equipment used for receiving television or radio waves from space.

B. "Building inspector" means the building inspector of the city or any of his authorized assistants.

C. "Height" means the overall vertical length of the antenna system above the ground, or, if such system be located on a building, then, above that part of the level of such building upon which the system rests.

D. "Mast" means that portion of the outside antenna system to which the antenna is attached, and the support or extension required to elevate the antenna to a height deemed necessary for adequate operation.

E. "Person" means and includes any person, firm, partnership, association, corporation, company or organization of any kind.  (Ord. 993 §13, 1953)

15.20.020 License - Required - Exceptions.  It is unlawful for any person, firm or corporation to engage in the business of erecting or installing masts or towers for antennas or similar devices for receiving or transmitting radio frequency signals, or to erect or install such masts, towers or devices without first obtaining a license from the city; or to erect any exterior television or radio masts or towers or other like apparatus without first obtaining a permit therefor from the building inspector, except that masts, towers or devices twenty feet or under in height, and installations by licensed amateur radio operators for their own use, shall be excluded from the provisions of this section pertaining to the securing of a permit; or to erect, install, maintain or use any exterior television or radio mast or tower or other like device in violation of this chapter; provided, however, that nothing in this chapter contained shall apply to the installation of radio masts or towers or like apparatus in or upon vehicles.  (Ord. 993 §1, 1953)

15.20.030 License - Application Requirements.  Any person, firm or corporation desiring to engage in the business of erecting or installing towers or masts for television or radio antennas or other exterior equipment or devices to be used for the reception or transmission of radio frequency signals, shall make application for a license to the city recorder, which application shall set forth the name and business address of the applicant, and if the ap plication be that of a firm or partnership, the names of the partners, and in case of a corporation, the names of the president and secretary thereof and the name of the person who will have charge of any antenna, mast or tower installation work within the city.  (Ord. 993 §2, 1953)

15.20.040 License - Fees.  The initial license fee for engaging in the business mentioned in Section 15.20.030 shall set by council resolution and be valid for one year, and shall be issued on a fiscal year basis, but if a new license is obtained after January 1st, only one half the annual fee shall be required. The license that has not been permitted to lapse may be renewed for a fee as set by council resolution and be valid for one year.  (Ord. 1730 1996 part : Ord. 993 §3, 1953)

15.20.050 License - Bond Requirements.  Before issuing any license the city recorder shall require of the applicant a bond in the penal sum of one thousand dollars issued by a surety company authorized to do business within the state, such bond to be approved by the city attorney and to be filed in the office of the city recorder, and to be conditioned that in the installation or erection of antennas, masts or towers or other exterior television or radio equipment or other like apparatus in the city, the principal in such bond will make such installation in accordance with the rules and provisions contained in this chapter and any other ordinance of the city, and conditioned further, that the principal will pay all labor and material claims for any such work and all damages sustained by any person, firm or corporation arising from failure of the principal to make such installations in the manner aforesaid.  In case any bond is not renewed upon expiration, or in case a new bond is not furnished by the applicant in the event a former bond is canceled, the license issued the applicant under this chapter shall be null and void.  (Ord. 993 §4, 1953)

15.20.060 Damage by Failure of Principal to Comply   Procedure.  Any person, firm or corporation making application therefor and affidavit to the city recorder that such person, firm or corporation has been damaged by failure of the principal in any bond as required by Section 15.20.050 to comply with the requirements of this chapter, or the provisions of the bond given, shall be by the city recorder furnished with a certified copy of the bond of the person, firm or corporation named in such affidavit, and shall have the right to bring action in the name of city, for his or their use and benefit against such principal and surety to recover for any labor or materials furnished the principal named in such bond and unpaid, and for his or their damages arising out of the failure of the principal named to comply with the requirements of this chapter, and to prosecute the same to final judgment and execution; provided, that the surety's total liability on such bond shall not exceed the sum of one thousand dollars and the right to commence an action against such surety shall not exist for a longer period than ninety days from the completion of any contract. (Ord. 993 §5, 1953)

15.20.070 Established Place of Business Required for License.  No license shall be issued to any person, firm or corporation not having a regularly established place of business or establishment to erect or install antennas, masts or towers for television or radio or other exterior equipment or devices to be used for the reception or transmission of radio frequency signals in a workmanlike manner, and if the place of business is within the corporate limits of the city, a sign not less than three square feet in area shall be displayed thereon, provided such sign shall be permitted under other ordinances of the city; such sign to contain the name of the licensee, and may contain such other matter as may be appropriate.  (Ord. 993 §6, 1953)

15.20.080 Permit Required for Erecting Antennas.  No person, firm or corporation, except licensed amateur radio operators erecting devices for their own use, shall erect or install any exterior television or radio antenna mast or tower or similar device over twenty feet in height with out first obtaining a permit from the building inspector. An application for such permit shall be on forms provided by the building inspector, and shall contain the address of the place where installation is to be made and such other pertinent information and data as the building inspector  may require as set forth in this chapter.  Such application shall be made by the owner or lessee of the building or property whereupon the antenna or other similar device is to be erected or installed, or by the person, firm or corporation that will make such installation.  If the owner or lessee of the premises makes the application, he shall furnish the name of the person, firm or corporation that will make the installation.  No permit will be issued unless the applicant or the person, firm or corporation that will make the installation is licensed under this chapter, except that a special permit may be issued to an individual authorizing him to make any such installation on or about a building of which he is the owner or tenant, provided he has owner's written consent; provided further, that in such case the work authorized by the permit must be done personally by such owner, owners or lessees, and not by any person employed for such purpose.  In case the application is for the erection of an antenna or a mast or tower in excess of fifty feet in height, two complete sets of detailed plans and specifications shall be filed with the application.  (Ord. 993, 1953)

15.20.090 Permit - Fees - Required Application Information.

A. Inspection Fees.  An inspection fee as set by council resolution shall be paid for each permit issued under Section 15.20.080.  A re-inspection fee as set by council resolution shall be paid for each trip when extra inspections are necessary due to any one of the following:  (Ord. 1730, 1996; Ord. 1728, 1996)
1. Wrong address;
2. Condemned work resulting from faulty construction;
3. Repairs or corrections not made when inspection is called;
4. Work not ready for inspection when called.

B. Application Data.  Application for permits shall be made upon blanks provided by the building inspector and shall contain, or have attached thereto the following information:
1. Name, address and telephone number of the owner for whom to be made;
2. Whether it is a new installation, repair or maintenance work;
3. Whether a radio or television receiving or transmitting antenna;
4. A simple sketch of the installation; and
5. Name of the person making the installation. (Ord. 993, 1953)

15.20.100 Installation Standards.

A. No antenna, mast or tower shall be attached to or supported by a parapet wall, chimney or vent pipe.

B. No antenna, mast or tower shall be installed in such close proximity to any electric, telephone, telegraph or other public utility line or wire that the antenna, mast or tower, if overturned or blown down, would or could come in contact or within two feet of any such wire or line; provided, that this provision shall not apply to a service lead or drop.  In no case shall a mast or antenna be installed nearer to a street or sidewalk than the height of the antenna plus ten feet unless approved by the building inspector and no wires, cables or guy wires shall cross or extend over any part of any street or alley unless permission is first obtained from the council.

1. Where the strict application of the provisions of subdivision 1 of this subsection makes it difficult or virtually impossible to install or erect a mast or tower for radio or television antenna, or antennas, because of the peculiar or particular location of any buildings or premises and the utility wires in close proximity thereto, a special permit may be issued for the installation of any such antenna, mast or tower provided the application there for be first approved by the building inspector, and the application shall set forth the undue hardship created by the strict application of subdivision 1, and the building inspector shall approve any such application if he first finds that the proposed installation will not be unduly hazardous and will not constitute a menace to persons or property, and the building inspector may prescribe such safeguards as he may deem necessary for the protection of persons and property.

C. The masts or any antenna shall be guyed every ten feet, except where masts three inches in diameter or larger are used the guy spacing may be increased provided the pro visions of subsection F of this section are complied with, and shall be grounded with not less than #8 copper or #8 aluminum wire; and the ground shall be attached to a cold water pipe with an approved ground clamp, or an approved ground rod not less than one-half-inch in diameter and four feet in length may be used.

D. Screw eyes or snubbed screw hooks shall be not less than one fourth inch in diameter and the same shall be set not less than two inches in a solid structural member and not more than one guy or guyline shall be attached to any screw eye or hook.

E. Guy wires shall be not less than 6 20 stranded galvanized steel cables.

F. Not less than three guy anchors shall be used to guy any mast, and in case three only are used, they shall be spaced at one hundred twenty degrees apart.  All guy wires shall be securely fastened.

G. Every mast, tower or device installed on a roof shall be mounted on its own platform or plate covering one or more rafters of the roof and shall be securely anchored with guy wires, and installations shall be structurally sound, shall be of weatherproofed metal construction, and shall be made to meet all state and local safety code requirements, providing radio and transmission masts or antennas need not be of all metal construction.  (Ord. 993, 1953)

15.20.110 Certain Installations Prohibited in Automobiles.  It is unlawful for any person to install a television set forward of or which is visible from the front seats of any motor operated vehicle, otherwise the provisions of this chapter shall not apply to automobiles.  (Ord. 993, 1953)

15.20.120 Permit Not Required for Minor Antenna Repairs.  Notwithstanding anything in this chapter to the contrary, minor repairs to antennas may be made without permit.  (Ord. 993, 1953)

15.20.130 Maintenance of Existing Antennas and Towers.  Every mast, tower for antenna or similar devices erected prior to the effective date of the ordinance codified in this chapter may be maintained and operated in its present location, unless such antenna is so constructed and maintained as to be unsafe and dangerous as determined by the building inspector.  The building inspector is authorized to require the removal or reconstruction of any mast, tower for antenna or similar device which he deems unsafe or dangerous.  (Ord. 993, 1953)

15.20.140 Duties, Rights and Powers of Building Inspector. 

A. It shall be the duty of the building inspector and his authorized assistants to inspect all television and radio receiving antennas, as described in this chapter, to ascertain if the work has been done in a neat and workman like manner and to investigate all complaints from the general public pertaining to such antenna installations and interference caused thereby.

B. The building inspector and his assistants are empowered to inspect or re-inspect any wiring, equipment or apparatus for radio and television receiving service in the city, and if the conductors, equipment or apparatus are found to be unsafe to life or property, or are not in conformity with the provisions of this chapter, the building inspector shall notify the person owning or operating the hazardous wiring or equipment to correct the condition within a specified time.

C. Failure to correct violations within a specified time shall constitute a violation of this chapter.  (Ord. 993, 1953)

15.20.150 Interference With Building Inspector Prohibited.  It is unlawful for any person to hinder or interfere with the building inspector or his authorized representatives in the discharge of their duties under the provisions of this chapter.  (Ord. 993 §15, 1953)

15.20.160 Completion of Work - Notice for Inspection - Disapproval - Re-inspection. The person to whom a permit has been granted for the installation of a television or radio receiving antenna shall immediately notify the building inspector when the work covered by the permit has been completed and is ready for final inspection.  Upon such notice, the building inspector or his authorized representatives shall promptly inspect and approve the installation if the work complies in all respects with the provisions of this chapter and the permit, and shall disapprove such installation if it fails to comply, stating in writing the reasons for disapproval and specify a time within which such defects must be corrected.  A re-inspection shall be made after notice to the building inspector that the defects have been corrected.  (Ord. 993, 1953)

15.20.170 Violation - Penalty.  Any person, firm or corporation violating any provision of this chapter shall, upon conviction in the municipal court, be fined in a sum not exceeding two hundred dollars, or be imprisoned in the city jail not to exceed thirty days or be punished by both such fine and imprisonment.  (Ord. 993, 1953)

 

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CHAPTER 15.24 – SIGNS

(Chapter 15.24 repealed by Ord. 1651, 1992, and replaced by Chapter 17.13.010 et. seq., Ord. 1651, 1992)

CHAPTER 15.28 - PLUMBING REGULATIONS

Sections:
15.28.010 Definition
15.28.020 Adoption of state code
15.28.030 deleted (Ord. 1728, part 1996)
15.28.040 deleted (Ord. 1728, part 1996)
15.28.050 deleted (Ord. 1728, part 1996)
15.28.060 Notifying plumbing inspector
15.28.070 Duties and right of plumbing inspector
15.28.080 Necessary connections
15.28.090 Persons authorized to open manholes, etc.
15.28.100 Prohibited connections
15.28.110 Prohibited deposits
15.28.120 Connections to the main sewer
15.28.130 Sand traps
15.28.140 Control of construction
15.28.150 Violation—Penalty

15.28.010 Definition.  "Person" as used in this chapter shall be construed to include any person, firm, copartnership, corporation or association of persons. 

15.28.020 Adoption of State Code.  The Plumbing Code of the state is adopted and made part of this chapter as if it were set forth in full in this chapter.  All rules and regulations of the state Board of Health or of any authority given jurisdiction over work, as such rules and regulations are now in effect or may hereafter be amended, are adopted and made part of this chapter as if they were set forth in full.  The plumbing inspector shall at all times be governed by such code and rules and regulations, and he shall insist upon their enforcement. 

15.28.060 Notifying Plumbing Inspector.  It is unlawful for any person to complete, enclose, cover up or place in use any water service, sewer service, or any other serv ice in connection with which there is any plumbing without having given the plumbing inspector notice that the work is ready for inspection and until the plumbing inspector has inspected and approved the same; provided, that the plumbing inspector shall make such inspection within twenty four hours (Saturdays, Sundays and holidays excepted) after receiving notice that the work is ready for inspection; and provided further, that all subsequent inspections made necessary because of disapproval by the plumbing inspector of repairs or installations as submitted shall be made upon a similar notice and within the same time as provided in this section. 

15.28.070 Duties and Right of Plumbing Inspector.

A. The plumbing inspector shall have authority to enter into and upon any premises at reasonable hours for the purpose of examining all drains, water systems, sewage systems, drainage systems, and other plumbing.

B. If he finds any defects therein, he shall notify the owner, agent, occupant, plumber, or other person in charge.
C. If the inspection is made in connection with any thing except new installation, such person having the same in charge shall remedy the defect within ten days after receiving such notice.
15.28.080 Necessary Connections.  Within thirty days after notice from the plumbing inspector, the person in charge of any building or premises within a sewer district shall connect the building or premises with the city sewer system.  Such connection shall provide outlets for all water closets, wash stands, slop stands, sinks and any other equipment and devices for the disposal of sewage and drain age from the building or premises.  If the building and premises are not within a sewer district of the city, the owner, agent, occupant or other person in charge of any building or premises shall, within thirty days after notice from the plumbing inspector to do so, construct and place in operation such cesspool, septic tank, or other device as shall be approved by the plumbing inspector for the purpose of disposing of all sewage and drainage from such building and premises. 

15.28.090 Persons Unauthorized to Open Manholes, Etc.  No person except the city engineer or his designee, the city marshal, or a duly authorized person shall open or uncover any man hole, air cooler, flush tank or private connection with the public sewers without the permission of the city manager or his designee, nor shall any person leave openings in sewers without ample protection against admission of dirt, rubbish, or other matter tending to block the flow of sewage.

15.28.100 Prohibited Connections.  No spring, creek, surface drainage water, downspout, refrigerator or other receptacle in which provisions are kept, open fixtures, steam exhaust, boiler blowoffs, or drip pipes shall be connected with the city sewer

15.28.110 Prohibited Deposits.

A. No person shall deposit or permit to be deposited in the city sewer, without previous treatment, any waste materials which will injuriously affect the treatment of sewage, or which will injure or damage the sewers into which they may be discharged, or which do not yield readily to treatment by processes employed in the sewage treatment works or which may produce conditions dangerous or prejudicial to sanitation or health. The process or processes employed in such previous treatment must in each case be satisfactory to the state Board of Health and shall have written approval of the board.

B. No person shall deposit any wash or waste water or liquid or solid filth or sewage, or permit such matter to be deposited upon any premises owned, occupied, or under his control, or upon the ground, or in any hole or vault in the ground, except a cesspool or septic tank which has been approved by the plumbing inspector; provided, that when, upon inspection, the plumbing inspector finds any such septic tank or cesspool to be defective, he shall give notice to repair or replace the defective septic tank or cesspool.  Such repair or replacement shall be done within thirty days after the notice has been received and shall be done as directed by the plumbing inspector and subject to his approval. 

15.28.120 Connections to the Main Sewer.  Connections to the main sewers or laterals must be made into a "Y" branch.  Where no branch is available within a reasonable distance, a "Y" branch shall be inserted in the sewer line. In no case shall connections to any sewer of twelve inches diameter or less be made except into a "Y" branch fitting. Where sewer is tapped, a hub shall be cemented into a hole cut in the pipe and shall not protrude past the inside wall of the sewer pipe.  Sewers shall not be tapped below the centerline of the pipe, and all taps shall be inspected and meet with the approval of the city engineer. 

15.28.130 Sand Traps.  All places where there is danger of sand and sediment entering the public sewer shall be provided with a sand trap to be built and installed as directed, and approved by the plumbing inspector. 

15.28.140 Control of Construction.  All plumbing in process of construction, alteration and repair shall be under the supervision of the plumbing inspector who is empowered to stop further work whenever, in his judgment, the work is being done contrary to the requirements of this chapter. 

15.28.150 Violation - Penalty.  Any person refusing or neglecting to comply with the requirements of this chapter, or violating any of the provisions therein, shall, upon conviction thereof, be punished by a fine of not to exceed two hundred dollars or by imprisonment in the city jail for a period of not to exceed sixty days, or by both such fine and imprisonment in the discretion of the court.  If any person refuses to conform to the requirements of this chapter after having been notified to do so by an enforcing official, each day's continuance of such violation shall be deemed a separate offense. 


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CHAPTER 15.32 - FIRE ESCAPES

Sections:
15.32.010 State provisions adopted
15.32.020 Required when Standards
15.32.030 Determination of number, type and location
15.32.040 Notice to conform Service Time limit
15.32.050 Violation—Penalty

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15.32.010 State Provisions Adopted.  ORS 479.010 through 479.090 and all amendments of these sections here after enacted, and all of the rules and regulations promulgated by the state Fire Marshal relating to the construction, maintenance and regulation of fire escapes, including amendments hereafter enacted, are adopted by reference as if set forth in full in this chapter. 

15.32.020 Required When - Standards.  Buildings over one story in height that have improper or inadequate exits or facilities for escape in case of fire or that are constructed and used as a school building, theater, hospital, asylum, seminary, hotel, rooming or apartment house, or used for offices, workshops, public entertainment, lodge rooms or other assemblages of people shall be equipped with metal fire escapes which shall conform to the standards provided in Section 15.32.010.  The fire escapes shall be erected and arranged in proximity to one or more windows of each story above the first as may be necessary to render the fire escapes readily accessible, safe and adequate for the escape of persons in case of fire.  All fire escapes shall be erected and built as required by this chapter and shall at all times be kept in good order and repair by the owner and free from obstruction. 

15.32.030 Determination of Number, Type and Location.  After consulting with the fire chief, the city fire marshal shall determine the type, construction, location and number of fire escapes on all buildings. 

15.32.040 Notice to Conform - Service - Time Limit.  After the number and location of fire escapes which are necessary or proper for protecting life or property are deter mined by the city fire marshal, he shall immediately cause written notice to be served upon the owner, agent, manager, lessee or other person having control of a building who fails to conform to the requirements of this chapter by leaving a copy of the notice at the residence or place of business of such person and by posting a copy of the notice on the building.  The notice shall require the construction or repair of fire escapes on the building within thirty days from service of the notice. 

15.32.050 Violation - Penalty.  A person who fails to comply with this chapter within thirty days from the date of service of the notice shall be fined not less than fifty dollars nor more than two hundred dollars.  For each week of failure to comply with this chapter after the expiration of thirty days from service of notice, a person shall be fined not less than fifty dollars. 

CHAPTER 15.36 - FIRE ZONES - (Reserved)


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CHAPTER 15.40 – FIRE PREVENTION CODE

Legislative History: Ord 1795 (2000); Ord 1790 (2000); Ord. 1756 (1998); Ord. 1626 (1990);
Ord. 1574 (1986); Ord. 1548 (1984); Ord. 1474 (1980)
; Ord. 1905 (2006)

Sections:
15.40.010 Adoption of the Oregon Fire Code
15.40.020 Establishment and duties of bureau of fire prevention
15.40.030 Appeals
15.40.040 New materials, processes or occupancies which may require permits
15.40.050 Recovery of costs of suppressing fire
15.40.060 Penalties

15.40.010 Adoption of the Oregon Fire Code.  For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, and except as otherwise provided in this Chapter, the International Fire Code, as published and copyrighted by International Fire Code Council and as amended and adopted by the Oregon State Fire Marshal’s Office, known as The Oregon Fire Code, is adopted and incorporated as if fully set out in this code. The applicable version of the Oregon Fire Code shall be set by resolution of the Council.

15.40.020 Establishment and Duties of Fire Code Official.

A. The City Manager shall appoint a Fire Code Official to administer and enforce the Code.

B. The Fire Code Official, with prior approval of the Chief of the City’s Fire Department, may detail such members of the fire department as inspectors to assist the Fire Code Official as shall from time to time be necessary. 

15.40.030 Appeals.  Appeals of the decisions of the Fire Code Official may be made in accordance with ORS 479.180.  

15.40.040 New Materials, Processes or Occupancies Which May Require Permits.  The City Council may, by resolution specify any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the Code. A list of all materials, processes and occupancies requiring permits that are not specified in the Code shall be posted in a conspicuous place at the fire department and made available to interested persons in accordance with the City’s public records policy.

15.40.050 Recovery of Costs of Suppressing Fire. 

A. If City fire fighting personnel respond to protect covered property from a covered cause of loss, the property owner shall reimburse the City for the reasonable costs of response, up to the amount allowed under the policy of insurance.

B. Paragraph A notwithstanding, if City fire fighting personnel respond to a condition of smoke or fire, whether they engage in fire fighting or not, if the smoke or fire is the result of a person violating the Code, is result of a person intentionally burning material in a reckless manner, or is the result of a person disobeying a permit issued by the Fire Marshal, such person or persons responsible for the violation shall be liable to the City for the reasonable costs of the fire fighting personnel and use of the equipment involved. If the City of Hood River files a civil action to collect costs as a result of a violation as described in this section in addition to recovery costs, the City shall be entitled to recover a reasonable amount to be fixed by a trail court or appellate court as attorney fees.

15.40.060 Penalties. 

A. Any person, firm or corporation who violates, disobeys neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall be considered to have committed an offense and be subject to punishment as set forth in the City's general penalties ordinance, Chapter 1.12.  Each day that a violation occurs or is permitted to exist shall constitute a separate offense. 

B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

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CHAPTER 15.42 – INTERNATIONAL URBAN-WILDLAND INTERFACE CODE

Legislative History: Ord. 1827, 2002; Ord. 1905 (2006)

Sections:
15.42.010 Adoption of the International Urban Wildland Interface Code
15.42.020 Establishment and Duties of Code Official
15.42.035 Amendments to the International Urban Wildland Interface Code
15.42.040 Appeals
15.42.050 New materials, processes or occupancies which may require permits
15.42.060 Recovery of costs of suppressing fire
15.42.070 Penalties
15.42.080 Conflicting Codes and Ordinances
15.42.090 Severability
15.42.100 Establishment of Urban-Wildland Interface Areas

15.42.010 Adoption of the International Urban-Wildland Interface Code.  For the purpose of prescribing regulations governing conditions hazardous to life and property from intrusion of fire from wildland fire exposures, fire exposures from adjacent structures, and prevention of structure fires from spreading to wildland fuels, the International Urban-Wildland Interface Code, together with Appendix A, General Requirements and Appendix B, Vegetation Management Plan, published by the International Fire Code Institute (referred to in this Chapter as the “Code”), is adopted and incorporated as fully as if set out in full, except as may otherwise be provided by this Chapter. The applicable version of the Code shall be set by resolution of the Council.

15.42.020 Establishment and Duties of Code Official.  The Code shall be enforced by the designated Code Official. Under Chapter Five (5) of the Code, the designated Code Official shall be the City Building Official; under all other chapters of the Code, the designated Code Official shall be the City Fire Marshal.

15.42.035 Amendments to the Code.  The Code is amended as follows: Section 105 – Permits is deleted.  

15.42.040 Appeals.  Whenever the Code Official requires a permit and the applicant does not agree that a permit is required under the Code, or whenever the Code Official denies an application for a permit, the applicant may appeal the written decision of the Code Official to the City Council within thirty days from the date of the decision.

15.42.050 New Materials, Processes or Occupancies Which May Require Permits.  The City Council may, by resolution, specify any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the Code. A list of all materials, processes and occupancies requiring permits that are not specified in the Code shall be posted in a conspicuous place at the City fire department and made available to interested persons in accordance with the City’s public records policy.


15.42.060 Recovery of Costs of Suppressing Fire.  If City fire fighting personnel are required to respond to a condition of smoke or fire, whether they engage in fire fighting or not, if the smoke or fire is the result of a person violating the Code, is the result of a person intentionally burning material in a reckless manner, or is the result of a person disobeying a permit issued by the Fire Marshal, the person responsible for the violation shall be liable to the City for the reasonable costs of the fire fighting personnel and use of the equipment involved.  If the City files an action to recover costs incurred under this section, in addition to recovery of costs, the City shall be entitled to recover its reasonable attorney fees.

15.42.070 Penalties.  Violation of this Chapter shall be considered a violation and shall be punishable by a fine set by City Council Resolution. Any act prohibited by this Chapter shall be considered a nuisance subject to immediate and summary abatement by fire or police personnel.  Costs of abatement shall be assessed against any person who violates the provisions of this Chapter and shall be imposed in addition to any fine. If the City files an action to recover costs incurred under this section, in addition to recovery of costs, the City shall be entitled to recover its reasonable attorney fees.

15.42.080 Conflicting Codes and Ordinances.  In the event of a conflict between the provisions of this Chapter and the Code adopted under this Chapter, with any other provisions of the Hood River Municipal Code or the codes adopted thereunder, the more restrictive provision shall apply.

15.42.090 Establishment of Urban-Wildland Interface Areas.  The Urban-Wildland Interface area shall be depicted on a map of the City and Urban Growth Area and described by written description.  The map and written description shall be adopted by resolution of the Council.  The boundaries of the Urban-Wildland Interface Area may be natural or man-made features.  Property located in the Urban Growth Area and Urban-Wildland Interface area shall become subject to the provisions of this chapter upon annexation.


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CHAPTER 15.44 - FLOOD HAZARDS

Sections:
15.44.010 Definitions
15.44.020 Lands to which this chapter applies
15.44.030 Basis for establishing the areas of special flood hazard
15.44.040 Establishment of development permit
15.44.050 Designation of the building official enforcement
15.44.060 Duties and responsibilities of the building official
15.44.070 General standards for flood hazard protection
15.44.080 Specific standards for flood hazard protection
15.44.090 Floodways

15.44.010 Definitions.  Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

A. "Appeal" means a request for a review of the city building official interpretation of any provision of this chapter or a request for a variance.

B. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM).  The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.  AO is characterized as sheet flow and AH indicates ponding.

C. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.  Designation on maps always includes the letters A or V.

D. "Base Flood" means the flood having a one percent chance of being equalled or exceeded in any given year.  Also referred to as the "one hundred year flood."  Designation on maps always includes the letters A or V.

E. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
   
F. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.

G. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.


H. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary floodway map, and the water surface elevation of the base flood.

I. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

J. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement).  An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter found at Section 15.44.080A2.

K. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.  For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty consecutive days.  For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

L. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

M. "New construction" means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter.

N. "Start of construction" includes substantial improvement, and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date.  The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.  Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

O. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally aboveground.

P. Substantial Improvement.
1. “Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
a. Before the improvement or repair is started; or
b. If the structure has been damaged and is being restored, before the damage occurred.  For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
2. The term does not, however, include either:
a. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.  (Ord. 1610, 1989:  Ord. 1490, 1981)

15.44.020 Lands to Which This Chapter Applies.  This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.  (Ord. 1610, 1989; Ord. 1490, 1981)

15.44.030 Basis for Establishing the Areas of Special Flood Hazard.  The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Hood River" dated September 24, 1984, with accompanying flood insurance maps is adopted by reference and declared to be a part of this chapter.  The flood insurance study is on file at City Hall, 211 Second Street.  (Ord. 1610, 1989; Ord. 1555, 1984; Ord. 1490, 1981)

15.44.040 Establishment of Development Permit.  A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 15.44.030.  The permit shall be for all structures, including manufactured, as set forth in Section 15.44.010, and for all other development including fill and other activities, also as set forth in Section 15.44.010. (Ord. 1610, 1989; Ord. 1490, 1981)

15.44.050 Designation of the Building Official Enforcement.  The city building official is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.  (Ord. 1610, 1989; Ord. 1490, 1981)

15.44.060 Duties and Responsibilities of the Building Official.  Duties and responsibilities of the building official are enumerated in the job description approved by the city manager or his designee:  (Ord. 1728, 1996)

A. Appeals.  An appeal from a ruling by the city designated official shall be made to the city council.  An appeal to a ruling shall be in writing and filed with the city recorder within ten days of such ruling.  No filing fee shall be required.

B.  Alteration of Watercourses.
1. Notify adjacent communities, the Oregon Department of Water Resources, and the Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.  (Ord. 1610, 1989; Ord. 1490, 1981)

15.44.070 General Standards for Flood Hazard Protection.  In all areas of special flood hazards, the following standards are required:

A. Anchoring.
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage.  Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook, as amended, for additional techniques).

B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

C. Utilities.
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
3. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

D. Subdivision Proposals.
1. All subdivision proposals shall be reviewed to be consistent with the need to minimize flood damage;
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,
4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty lots or five acres (whichever is less).

E. Review of Building Permits.  Where elevation data is not available either through the flood insurance study or from another authoritative source (See Section 15.44.060 B), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding.  The test of reasonableness is a local judgment and includes use of historical data, high water marks, and photo graphs of past flooding, where available.  Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.  (Ord. 1610, 1989; Ord. 1490, 1981)

15.44.080 Specific Standards for Flood Hazard.  In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 15.44.030 or Section 15.44.060 B, the following provisions are required:

A. Residential Construction.
1.  New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters.  Designs for meeting these requirements must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
a. A minimum of two openings have a total new area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade;
c. Openings may be equipped with screens, louvers, or other coverings or devices; provided that they permit the automatic entry and exit of floodwaters.

B. Nonresidential Construction.
1. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
a. Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans.  Such certifications shall be provided to the official as set forth in Section 15.44.060 B.
2. Non-residential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in subsection A of this section.
3. Applicants flood proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood proofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level).

C. Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones Al 30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 15.44.070 B2.  (Ord. 1610, 1989; Ord. 1490, 1981)

15.44.090 Floodways.  Located within areas of special flood hazard established in Section 15.44.030 are areas designated as floodways.  Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;

B. If subsection A above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 15.44.070 and 15.44.080.  (Ord. 1610, 1989)

 

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CHAPTER 15.04 - BUILDING CODE  
      15.04.010  Compliance with state law
      15.04.020  Administration of program
      15.04.030  Boundaries of fire zones
      15.04.040  Agricultural buildings
      15.04.050  Excavation and grading
      15.04.060  Interpretation of provisions
      15.04.070  Unsafe buildings
      15.04.080  Board of appeals
      15.04.085  Heat pumps and mechanical devices
      15.04.090  Violations; Penalties; Remedies
      15.04.100  Building Official; Authority to Impose Administrative Civil Penalty 
      15.04.110  Appeal Procedures

      15.04.120  Unpaid Penalties

      15.04.130  Notice of Violations and Stop Work Orders 

CHAPTER 15.12 - MOVING BUILDINGS  
      15.12.010  Permit required--Exception
      15.12.020  Permit--Application and bond requirements
      15.12.030  Permit issuance and prerequisites--Refusal hearing
      15.12.040  Equipment requirements
      15.12.050  Limitation of permit
      15.12.060  Violation--Penalty

CHAPTER 15.16 - BUILDING PERMITS  
      15.16.010  Prerequisites for building permit issuance
      15.16.020  Conditions for issuance for property outside platted subdivision
      15.16.030  Sidewalk construction permit required concurrently with building permit--When
      15.16.040  Exceptions to Section 15.16.030
      15.16.050  Additional exceptions to Section 15.16.030
      15.16.060  Sidewalk construction by city--Assessment
      15.16.070  Elevation--Plot plan requirements
      15.16.080  Elevation--Building permit requirement
      15.16.090  Grading requirements

CHAPTER 15.20 - TELEVISION AND RADIO TOWERS  
      15.20.010  Definitions
      15.20.020  License--Required--Exceptions
      15.20.030  License--Application requirements
      15.20.040  License--Fees
      15.20.050  License--Bond requirements
      15.20.060  Damage by failure of principal to comply-- Procedure
      15.20.070  Established place of business required for license
      15.20.080  Permit required for erecting antennas
      15.20.090  Permit--Fees--Required application information
      15.20.100  Installation standards
      15.20.110  Certain installations prohibited in automobiles
      15.20.120  Permit not required for minor antenna repairs
      15.20.130  Maintenance of existing antennas and towers
      15.20.150  Interference with building inspector prohibited
      15.20.160  Completion of work--Notice for inspection-- Disapproval--Reinspection
      15.20.170  Violation--Penalty

CHAPTER 15.28 - PLUMBING REGULATIONS 
      15.28.010  Definition
      15.28.020  Adoption of state code
      15.28.060  Notifying plumbing inspector
      15.28.070  Duties and right of plumbing inspector
      15.28.080  Necessary connections
      15.28.090  Persons unauthorized to open manholes, etc
      15.28.100  Prohibited connections
      15.28.110  Prohibited deposits
      15.28.120  Connections to the main sewer
      15.28.130  Sand traps
      15.28.140  Control of construction
      15.28.150  Violation--Penalty

CHAPTER 15.32 - FIRE ESCAPES  
      15.32.010  State provisions adopted
      15.32.020  Required when--Standards
      15.32.030  Determination of number, type and location
      15.32.040  Notice to conform--Service--Time limit
      15.32.050  Violation--Penalty

CHAPTER 15.36 - FIRE ZONES - (Reserved)

CHAPTER 15.40 - FIRE PREVENTION CODE  
      15.40.010  Adoption of the Uniform Fire Code
      15.40.020  Establishment and duties of bureau of fire prevention
      15.40.030  Definitions
      15.40.040  Appeals
      15.40.050  New materials, processes or occupancies which may require permits
      15.40.060  Recovery of costs of suppressing fire
      15.40.070  Penalties

 

CHAPTER 15.42 – URBAN-WILDLAND INTERFACE 
      15.42.010 Adoption of the Urban-Wildland Interface Code
      15.42.020 Establishment and Duties of Code Official
      15.42.030 Definitions
      15.42.040 Appeals
      15.42.050 New materials, processes or occupancies which may require permits
      15.42.060 Recovery of costs of suppressing fire
      15.42.070 Penalties
      15.42.080 Conflicting Codes and Ordinances
      15.42.090 Severability
      15.42.100 Establishment of Urban-Wildland Interface Areas

CHAPTER 15.44 - FLOOD HAZARDS  
      15.44.010  Definitions
      15.44.020  Lands to which this chapter applies
      15.44.030  Basis for establishing the areas of special flood hazard
      15.44.040  Establishment of development permit
      15.44.050  Designation of the building official enforcement
      15.44.060  Duties and responsibilities of the building official
      15.44.070  General standards for flood hazard protection
      15.44.080  Specific standards for flood hazard protection
      15.44.090  Floodways

 

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