75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 915
 
Sponsored by Senator MORSE
 
 
                     CHAPTER ................
 
 
                             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
 
 
 
Enrolled Senate Bill 915 (SB 915-A)                        Page 1
 
 
 
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. + }
                         ----------
 
 
Passed by Senate May 4, 2009
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House June 2, 2009
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 915 (SB 915-A)                        Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 915 (SB 915-A)                        Page 3