75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2786
 
                           A-Engrossed
 
                         Senate Bill 915
                 Ordered by the Senate April 29
           Including Senate Amendments dated April 29
 
Sponsored by Senator MORSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Prohibits municipality that enforces state building code
provision or building requirement by means of municipal ordinance
from assessing criminal penalty for ordinance violation if
violation of corresponding state building code provision or
building requirement is subject to civil penalty. Prohibits
municipality from imposing civil penalty for ordinance violation
that exceeds maximum civil penalty for violation of corresponding
state building code provision or building requirement. Requires
that fees municipality charges for investigation or other
activities regarding alleged violation of ordinance be approved
by Director of Department of Consumer and Business Services. - }
    { - Revises grounds on which director may allow municipality
to adopt municipal ordinance, rule or regulation conflicting with
state building code. - }
    { - Requires that rules for uniform enforcement of state
building code provide for building official or inspector to give
violator notice of penalties and procedural rights when issuing
citation. Requires that rules provide appeal process for denial
of certificate of occupancy if denial is based on violation of
state building code specialty code. - }
    { - Declares emergency, effective on passage. - }
   { +  Requires municipality that administers building
inspection program under state building code to assess violation
of program as civil penalty. Requires municipality to provide
notice of violation and municipal administrative process before
assessing penalty. + }
 
                        A BILL FOR AN ACT
Relating to the regulation of structures.
Be It Enacted by the People of the State of Oregon:
  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. + }
                         ----------