75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 915
 
LC 2786/SB 915-4
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 915
 
           By COMMITTEE ON BUSINESS AND TRANSPORTATION
 
                            April 29
 
  On page 1 of the printed bill, line 2, after 'structures '
insert a period and delete the rest of the line and line 3.
  Delete lines 5 through 24 and delete pages 2 through 5 and
insert:
  '  { +  SECTION 1. + }  { + Section 2 of this 2009 Act is added
to and made a part of ORS chapter 455. + }
  '  { +  SECTION 2. + }  { + (1) The Legislative Assembly finds
and declares that enforcement of the state building code in a
fair, equitable and uniform manner throughout this state is a
matter of state concern.
  ' (2) If a municipality administers a building inspection
program under ORS 455.148 or 455.150, a monetary penalty assessed
under the program for a violation must be assessed as a civil
penalty. This subsection does not prohibit a municipality from
charging a violator an increased permit fee or investigative fee,
seeking injunctive relief from a violation or taking any
enforcement action that does not include a monetary penalty. This
subsection does not limit the terms or conditions of any
voluntary agreement for the resolution of a violation.
  ' (3) A municipality may not assess a civil penalty for a
violation under a building inspection program unless the
municipality provides to the party that is subject to the civil
penalty:
  ' (a) Notice that:
  ' (A) Describes the alleged violation, including any relevant
code provision numbers, ordinance numbers or other identifying
references;
  ' (B) States that the municipality intends to assess a civil
penalty for the violation and states the amount of the civil
penalty;
  ' (C) States that the party may challenge the assessment of a
civil penalty; and
  ' (D) Describes the means and the deadline for informing the
municipality that the party is challenging the assessment of the
civil penalty; and
  ' (b) A municipal administrative process other than a judicial
proceeding in a court of law, that affords the party an
opportunity to challenge the civil penalty assessment before an
individual, department or body that is other than the
municipality's building inspector or building official.
  ' (4) If the municipality assesses a civil penalty for a
violation under a building inspection program, the amount of the
civil penalty assessed for the violation may not exceed the
maximum civil penalty amount authorized for an equivalent
specialty code violation under ORS 455.895.
  ' (5) The costs incurred by a municipality in providing notice
and administrative process under this section are building
inspection program administration and enforcement costs for the
purpose of fee adoption under ORS 455.210. + }
 
  '  { +  SECTION 3. + }  { + Section 2 of this 2009 Act applies
to a civil penalty assessed on or after the effective date of
this 2009 Act for a violation occurring before, on or after the
effective date of this 2009 Act. + } ' .
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