Chapter 8

BUILDING CODE

8.000 Administration and Enforcement.
(1) The city shall, upon approval of the State of Oregon Department of Consumer and Business Services, provide for the administration of all plan checking, permit, and inspection programs that have been delegated by the state. The city program is applicable to public building, including state building, as well as private building.
(2) As modified by sections 8.000 to 8.115. The standards applicable to buildings shall be as listed in sections 8.055 to 8.085.

8.005 Title. These regulations shall be known as the City of Lafayette building code, may be cited as such and will be referred to herein as “this code.”

8.010 Purpose. This code will establish uniform performance, minimal standards, enforcement procedures, and administrative standards in order to provide reasonable safeguards for health, safety, welfare, comfort and security of these occupants and users of buildings in the city of Lafayette and for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation, and fire and life safety features in the construction and use of structures.
[Amended by Ord 646 on June 18, 2024]

8.015 Scope. This code shall apply to new construction and construction-related activities with-in existing structures including, but not limited to, installation of electrical, plumbing, mechanical, energy, accessibility, alteration, moving, demolition, repair, maintenance, fire and life safety, and work associated with any building, or structure, property or license regulated by this code, man-dated under the Oregon Building Code, rules, or statutes, and/or regulated by various other codes of the City of Lafayette. The City of Lafayette enforces the Oregon Building Code as per ORS Chapter 455 and the rules adopted thereunder. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern, except in cases where the minimum/maximum provisions of the Oregon Building Code apply. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall control.
Pursuant to ORS 455.020(4) and adopted by local ordinance, the scope of the Oregon Building Code has been amended to include the following local requirements and shall be per-mitted and inspected pursuant to this title and the Oregon Building Code.
(1) Chapter 32 of the Oregon Structural Specialty Code, titled: “Encroachments into the Public Way.”
(2) Fences, other than required swimming pool barriers, constructed of wood, wire mesh or chain link, that are greater than 7 feet in height. Other fences may be regulated by various other codes of the City of Lafayette.
(3) Retaining walls that are over 4 feet in height measured from the bottom of the footing to the top of the wall or any retaining wall supporting a surcharge.
(4) Freestanding radio, television and other telecommunication antenna and towers not attached to or supported by a regulated building.
(5) Ground-mounted photovoltaic systems which are 10 feet or more in height, measured to the highest point of the installation, or where public access is permitted beneath the structures.
(6) Tanks located exterior to and not attached to or supported by a building and having a capacity that exceeds 1,000 gallons (3,785 L); having a ratio of height to diameter that exceeds 2 to 1; or containing hazardous or flammable material.
[Amended by Ord 646 on June 18, 2024]

8.020 Definitions. For the purpose of the code, the definitions contained within the Oregon Building Code, or in this section, shall have their ordinary accepted meanings and apply:
(1) “Adjacent property” means property that has a common border with another property or tax lot.
(2) “Approved” means approved by the building official.
(3) “Basement” means that portion of a building which is partly or completely below grade.
(4) “Bathroom” means a room containing plumbing fixtures including a toilet, lavatory, and may or may not include a bathtub or shower.
(5) “Bedroom” means a room which is designated as a bedroom on the applicable plans and includes the life and safety features required for such use.
(6) “Building” means a structure used or intended for supporting or sheltering a use or occupancy.
(7) “Building official” shall mean the Lafayette City Administrator, contract building official or deputy thereof, with powers granted by ORS 455.
(8) “Building service equipment” means all support systems/equipment such as piping, ducts, vents, and other components of systems other than portable appliances that are permanently in place to serve the building.
(9) “Certificate of occupancy” means a certificate allowing occupancy of a structure is-sued by the building official after all required inspections have been completed and does not find violations of the provisions of Oregon Building Code, or other rules or laws enforced by the city of Lafayette.
(10) “Concurrent plan review” means a review of a permit application, regulated by this code, and by one or more other departments at the same time the building inspection plans re-viewer is reviewing the application for compliance with the Oregon Building Code.
(11) “Condemnation” means to adjudge unfit for occupancy.
(12) “Easement” means that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on, or above said lot or lots.
(13) “Enforcement action” means an action in which an order to correct has been issued, or which seeks or results in a civil penalty.
(14) “Imminent danger” or “imminent hazard” means a condition which could cause serious or life-threatening injury or death at any time.
(15) “Let for occupancy” or “let” means to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises, or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
(16) “Occupancy” means the purpose for which a building, or part thereof, is used or in-tended to be used.
(17) “Occupant” means any individual, using, living, or sleeping in a building; or having possession of a space within a building.
(18) “Operating plan” is a document, required by OAR 918-020-0080, that outlines policies, procedures, rules, timelines, hours of operation and general administrative procedures de-scribing the operation of the Building Division; adopted by resolution.
(19) “Oregon Building Code” means the State Building Code, as defined by Oregon Re-vised Statutes.
(20) “Owner” means any person, agent, firm, or corporation having a legal or equitable interest in a property; or recorded in the official records of the state, county or municipality as holding title to a property; or otherwise having control of a property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(21) “Permit” means an official document authorizing work to occur in accordance with the requirement of this title issued by the building official.
(22) “Portable structure” means a structure that is easily moveable, is of a size which accommodates relocation, does not have attachments to the ground and is placed for not more than 180 days, is otherwise constructed for easy movement, and does not take the place of permanent structures; including but not limited to tents, trailers, motorhomes, RVs, and cargo containers.
(23) “Rooming house” means a building arranged or occupied for lodging, with or with-out meals, for compensation, and not occupied as a one- or two-dwelling structure.
(24) “Rooming unit” means any room or group of rooms forming a single habitable unit occupied, or intended to be occupied, for sleeping or living, but not for cooking purposes.
(25) “Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
(26) “Substandard” means in violation of any of the minimum requirements as set out in this title or in the building code in effect at the time the structure was built.
(27) “Temporary buildings or structures” means buildings and/or structures erected for use for a maximum of 180 days and not taking the place of permanent buildings or structures; including, but not limited to, buildings, carports, garages, membrane covered tents, sheds, and cargo containers.
(28) “Tenant” means a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
(29) “Valuation,” as applied to a building or mechanical equipment, shall be the estimated cost to build or alter the building and/or install or replace the mechanical systems, based upon current costs including labor and material.
[Amended by Ord 646 on June 18, 2024]

8.025 Alternate Materials and Methods. The provisions of this code are not intended to pre-vent the use of any alternate material, design or method of construction not specifically pre-scribed in this code, provided such alternate has been approved and its use authorized by the building official. The building official may approve any such alternate material, design or method, provided the building official specifically finds the proposed material, design or method complies with the provisions of this code and Oregon Building Code, and that is, for the purpose intended, at least the equivalent of that prescribed in this code and Oregon Building Code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The building official shall require that evidence or proof be submitted to substantiate any claims that may be made regarding the alternate materials, designs or methods. The details of any approval of any alternate material, design or method shall be recorded and entered in the files of the agency.
[Amended by Ord 646 on June 18, 2024]

8.030 Modifications. When there are practical difficulties in carrying out the provisions of this code, the building official may grant modifications after finding special individual reason(s) that makes the strict letter of this code impractical, provided the building official finds the modification is in conformance with the intent and purpose of this code and that said modification does not create an unsafe or dangerous condition of an health, life safety, nor lessen any fire-protection requirements nor the structural integrity of the building involved. Any action granting modification shall be recorded in the files.
[Amended by Ord 646 on June 18, 2024]

8.032 Maintenance. All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this section, the building official may cause a structure to be reinspected.

8.035 Tests. Whenever there is insufficient evidence of this compliance with the provisions of this code or that any material, method or design does not conform to the requirements of this code, the building official may require tests as proof of compliance to be made at no expense to the city of Lafayette. Test methods shall be as specified by this code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the building official shall have the sole and exclusive authority to determine appropriate test proce-dures. All tests shall be made by an approved testing agency. Reports of such tests shall be retained by the building official for the period required for the retention of similar public records.

8.040 Compliance and Enforcement.
(1) Creation of Enforcement Program. As required by ORS Chapter 455, there is hereby established in the city of Lafayette a code enforcement program which shall be under the administrative and operational control of the building official.
(2) Powers and Duties of Building Official. The building official is authorized and directed to enforce all the provisions of this code. The building official shall have the power to render written and oral interpretations of this code and the Oregon Building Code and to adopt and enforce administrative procedures in order to clarify the application of its provisions. The building official shall have the power to issue citations for violations of this code and/or the Oregon Building Code as permitted under ORS Chapter 455 to grant modifications, and to secure property based upon probable cause even though the violation is not committed in the building official’s presence.
(3) Deputies. In accordance with prescribed procedures and with the approval of the City, the building official may appoint or contract technical officers and inspectors and other employees to carry out the functions set forth herein. The building official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction, so far as is required in the discharge of the duties required by this code or other pertinent law or ordinance.
(4) Liability Limitation. The building official charged with the enforcement of this code, acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the building official or employee because of such act or omission performed by the building official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by the City of Lafayette until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the City of Lafayette. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or the City of Lafayette be held assuming any such liability by reason of the inspections authorized by this code or any permit or certificates issued under this code.
(5) Right of Entry. When it may be necessary to inspect a building in order to enforce the provisions of this code, or the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to, in violation of this code or which otherwise makes the building or premises unsafe, dangerous or hazardous, the building official may enter said building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused or the owner cannot be located, the building official shall have the right to seek a search warrant from a judicial officer, including the municipal judge, in order to secure entry.
(6) Stop Work Orders. Whenever any work is being done contrary to the provisions of this code (or other pertinent laws or ordinances implemented through its enforcement), the building official may order the work stopped by giving notice in writing served on any person(s) engaged in the doing or causing of such work to be done. Such person(s) shall stop any and all such work until specifically authorized or released by the building official to proceed herewith.
(7) Authority to Disconnect Utilities in Emergencies. The building official or the building official’s authorized deputy shall have the authority to disconnect fuel-gas utility service, and/or other energy supplies to a building, structure, premises or equipment regulated by this code when necessary to eliminate an immediate hazard to life or property. The building official shall, when-ever possible, notify the serving utility, the owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnec-tion within 24 hours thereafter.
(8) Authority to Abate Hazardous Equipment. When the building official ascertains that equipment, or any portion thereof, regulated by this code has become or is hazardous to life, health or property, the building official shall order the equipment either removed from its location or restored to a safe and/or sanitary condition, as appropriate. The notice shall be in writing and contain a fixed time limit for compliance. Persons shall not use the equipment after receiving said notice, until authorized to do so by the building official. When equipment (or an installation) is to be disconnected, written notice of the disconnection (and causes therefore) shall be given within 24 hours to the involved utility, the owner and/or occupant of the building, structure or premises. When equipment is used or maintained in violation of this code and in violation of a notice is-sued pursuant to the provisions of this section, the building official may institute such action as he/she deems necessary to prevent, restrain, correct or abate said use or maintenance.
(9) Connection after Order to Disconnect. No person shall make a connection to or from an energy, fuel or power supply to any equipment regulated by this code which has been discon-nected or ordered disconnected or discontinued by the building official until the building official specifically authorized the reconnection and/or use of such equipment.
(10) Unlawful acts.
(a) It shall be unlawful for a person, firm, or corporation to be in conflict with, or in viola-tion of, any of the provisions of this code.
(b) Nothing contained in this code shall impose any duty upon the City of Lafayette, or any agent, official, or employee thereof, to abate, enjoin, prevent, or correct any defect, violation, or condition regulated or prohibited by this chapter. The City shall exercise discretion to deter-mine whether any particular circumstance warrants or requires an official response. In making such determinations, the appropriate employees and officials shall consider all known facts and circumstances including, but not limited to, the likelihood of injury, the seriousness of the viola-tion, the availability of City resources, both staff and financial, to address the concern, and direc-tion from the City Council.
(11) Notice of violation.
(a) Whenever the building official determines that there has been a violation of the Ore-gon Building Code, this title, or any provisions of the Lafayette Zoning and Development Ordi-nance, or has grounds to believe that a violation has occurred, the building official may serve a correction notice in accordance with the Oregon Building Code, or a stop work order in accord-ance with LMC 8.040(6).
(b) In instances of continued noncompliance regarding substandard or nonconforming conditions relating to buildings, premises, or structures, or in instances of dangerous buildings, premises, or structures, notice of violation and order shall be served in accordance with LMC 8.040(12)(b).
(12) Occupancy Violations and Order to Vacate.
(a) Whenever any building, structure or equipment therein regulated by this code is used contrary to the provisions of this code, the Oregon Building Code, or the certificate of occupan-cy, the building official may order such use discontinued and the structure (or portion thereof) vacated. All persons using the structure (or portion thereof) shall discontinue the use within the time prescribed by the building official in his notice and make the structure, or portion thereof, comply with the requirements of this code.
(b) Notices of violations and orders to vacate shall be in accordance with all of the fol-lowing:
(i) Be in writing or digital format;
(ii) Include a description of the real estate sufficient for identification;
(iii) Include a statement of the violation(s), a brief and concise description of the condi-tions found, code citation, and why the notice and/or order is being issued;
(iv) Include a correction order allowing a reasonable time to make the repairs and im-provements required to bring the structure or premises into compliance with the provisions of this code;
(v) Include a statement advising that if any required repair or demolition work is not commenced within the time specified, the building official will order the building vacated and posted to prevent further occupancy until the work is completed, and may proceed to cause the work to be done and charge the costs thereof against the property or its owner;
(vi) Include a statement of the City’s right to file a lien, in accordance with LMC Chapter 1, and/or a notice of substandard or nonconforming conditions; and
(vii) Inform the property owner(s) or responsible party of the right to appeal and the ap-peal process.
(c) Such notices and orders shall be deemed to be properly served if a copy thereof is:
(i) Delivered personally;
(ii) Sent by certified or first-class mail addressed to the last known address of the proper-ty owner(s) or responsible party;
(iii) Sent by certified or first-class mail addressed to the listed address of the property owner(s) or responsible party as shown by the records of the Oregon Department of Motor Vehi-cles, United States Post Office, county tax records, or other similar governmental source; or
(iv) A copy posted in a conspicuous place in or about the structure affected by such no-tice and/or order.
(13) Compliance Enforcement and Violation Prosecution. To enforce any of the require-ments of this code or the Oregon Building Code, the building official may gain compliance by:
(a) Instituting an action as set out in this chapter;
(b) Causing appropriate action to be instituted in a court of competent jurisdiction; or
(c) Taking other action as the building official, in the exercise of the building official’s discretion, deems appropriate.
Any person failing to comply with a notice of violation or order, served in accordance with LMC 8.040(12), shall be deemed guilty of a violation. If the notice of violation is not complied with, the building official may institute the appropriate proceeding at law or in equity to restrain, cor-rect, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pur-suant thereto. Any abatement costs, including overhead, staff time, and other administrative costs incurred by the City, shall be charged against the real estate upon which the structure is lo-cated, and shall be a lien upon such real estate, as described in LMC Chapter 1.
(14) Authority to Impose Administrative Civil Penalty. Any person or business entity which violates any term or provision of this title shall be subject to any or all of the following penalties:
(a) Upon a determination by the building official that any person, firm, corporation or other entity how-ever 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.
(b) Prior to issuing an order to correct a violation under this section, the building official may pursue reasonable attempts to secure voluntary correction.
(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 not less than five calendar days.
(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 such correction has been completed. If the re-quired correction has not been completed by the date or time specified in the order, the building official may is-sue a notice of civil violation and im-pose an administra-tive civil penalty to each responsible persons to whom an order to correct was issued.
(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 or-der to cor-rect violation or made at-tempts to secure voluntary correction where the building official deter-mines that the violation was knowing or intentional or a repeat of a similar violation.
(f) In imposing an administrative civil penalty authorized by this section, the building official shall consider:
(i) The person's past history in taking all feasible steps or procedures necessary or appro-priate to correct the violation;
(ii) Any prior violations of statutes, rules, orders, and permits;
(iii) The gravity and magnitude of the violation;
(iv) Whether the violation was repeated or continuous;
(v) Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act;
(vi) The violator's cooperativeness and efforts to correct the violation; and
(vii) 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:
(i) Reference to the particular code provision or rule involved;
(ii) A short and plain statement of the matters asserted or charged;
(iii) A statement of the amount of the penalty or penalties imposed;
(iv) The date on which the order to correct was issued and time by which correction was 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
(v) A statement of the party's right to appeal the administrative civil penalty to the board of appeals as set forth in Section 8.045(3), below; a description of the process the party may use to appeal the civil penalty; and the deadline by which such an appeal must be filed.
[Amended by Ord 646 on June 18, 2024]

8.045 Appeals.
(1) Purpose. A decision of the building official related to the Oregon Building Code or the enforcement of the provisions of this code shall be subject to appeal as specified in this chap-ter. For the purpose of this chapter, a decision of the building official shall include but not be lim-ited to: alternate method and material determinations; modification determinations; interpreta-tions; notices; orders; declarations; and review letters.
(2) Board of Appeals. In order to hear and decide appeals of orders, decisions or deter-minations made by the building official relative to the application, enforcement, and interpreta-tion of this code, which are not governed by the Oregon Building Code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city of Lafayette. The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote on any matter before the board.
The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. The board of appeals shall have no authority relative to interpretation of the administrative provi-sions of this code or the Oregon Building Code; nor shall the board be empowered to waive re-quirements imposed by this code or the Oregon Building Code.
(3) Appeal of matters of the Oregon Building Code.
(a) A person aggrieved by an interpretation or application of a particular technical or sci-entific code provision made by the building official shall appeal to the appropriate state specialty code chief inspector of the Oregon Department of Consumer and Business Services, and utilize the process specified in ORS 455.475.
(i) Citations or penalties issued under the authority of the Oregon Building Codes Divi-sion and enacted under this code are entitled to judicial review in accordance with ORS 183.482. A person aggrieved by such a citation or penalty may request a judicial review by filing a petition with the court of appeals specified in LMC 8.040(2). Such citations and penalties are not appeal-able through this section.
(b) A person aggrieved by a decision of the building official of the technical or scientific merits of an alternate materials or methods determination or a request for a modification may uti-lize the appeals process specified in subsection (a) of this section or may appeal to the board.
(c) A person aggrieved by a decision of the building official of an alternate method of materials request shall use the administrative and discretionary appeals process specified in LMC 8.045 utilizing the timelines and process specified in ORS 455.610(10).
(4) Appeal to Building Board of Appeals (“board”). A person aggrieved by a decision made by the building official relating to procedural, technical, or scientific provisions of this title, not related to matters of the Oregon Building Code, may appeal to the board as set forth in this chapter.
(5) Appeal of administrative and discretionary determinations.
(a) A person aggrieved by a decision of the building official on administrative matters of this title, not related to the Oregon Building Code, shall be appealed to the City Administrator, or their designee.
(b) A person aggrieved by a decision of the building official on administrative matters of the Oregon Building Code shall appeal to the director of the department of consumer and busi-ness services, or their designee, as specified in ORS 455.475.
(c) A person aggrieved by a decision of the building official on a discretionary determina-tion of this code or the Oregon Building Code, shall be appealed to the City Administrator, or their designee.
(d) Notwithstanding subsection (c) of this section and for the purpose of OAR 918-020-250, where the building official is provided as a contract for service as specified in OAR 918-020-0230, the discretionary decisions of the contract building official shall be heard by the board. As required in OAR 918-020-052, the building official from the county in which the pro-ject is located shall become a member of the board for these matters.
(6) Appeal Procedure. Any decision relating to the suitability of alternate materials and methods of construction or interpretation by the building official with regard to the building code may be appealed to the board of appeals in conformance with procedures provided herein. (a) An appeal to the board shall be in writing, shall describe the basis for the appeal and provide supporting documentation, and shall first be filed with the building official. No appeal shall be timely unless it is actually received at the office of the building official within 30 days of the building official’s determination which is the subject of the appeal.
(b) Following receipt of such an appeal, the board shall convene and an opportunity for hearing shall be granted both to the appellant and to the building official or designee. The board shall notify all parties of the hearing date and time at least five days prior thereto. The board shall operate under such rules of procedure as it may, from time to time, promulgate.
(c) The decision of the board shall be rendered within 45 days of the building official’s receipt of the appeal, unless both parties stipulate to an extension of time. The board’s decision shall be in writing and shall be final upon receipt. All notices given by the board shall be given to the appellant by first-class mail at the address indicated by the appellant on the notice of appeal and shall be deemed received three days after mailing.
(d) An appeal of the board’s decision relative to the application, enforcement, and inter-pretation of provisions of this title which are not governed by the Oregon Building Code shall be made in writing to the Lafayette City Council within 30 days of the board’s notice of said deci-sion.
(e) An appeal of the board’s decision relating to technical and scientific determinations regarding any provision of the state specialty codes regulated by the municipality shall be ap-pealed to the appropriate advisory board within 30 days of the board’s decision per OAR 918-080-0120(6).
(f) All work which is the subject of a permit, interpretation, or other matter under appeal shall be suspended pending resolution of the appeal.
(7) Appeal Procedure for Appeals of Imposition of Administrative Civil Penalty.
(a) A person, firm, corporation or other entity however organized aggrieved by an impo-sition of an administrative civil penalty by the building official within 15 days after the date of notice of the action, shall appeal in writing to the board of appeals. The written appeal shall fol-low the appeal process set forth in subsection (6), be accompanied by an appeal fee and shall in-clude:
(1) The name and address of the appellant;
(2) The nature of the determination being appealed;
(3) The reason the de-termination is incorrect; and
(4) What the correct determination of the appeal should be.
If a person, firm, corporation or other entity however organized appeals the imposition of an ad-ministrative civil penalty to the board of appeals, the penalty shall become final, if at all; upon issuance of the board of appeals, decision affirming the imposition of the administrative civil penalty.
(b) For purposes of appeal of the building official’s decision to impose an administrative civil penalty, the building official shall be neither an ex officio member of the board of appeals nor shall he act as secretary thereto.
(c) If a notice of revocation of a license or permit is the subject of the appeal, the revoca-tion does not take effect until final determination of the appeal. Notwithstanding this paragraph, an emergency suspension shall take effect upon issuance of, or such other time stated in, the no-tice of suspension.
(d) Unless the appellant and the city agree to a longer period, an appeal shall be heard by the board of appeals, within thirty (30) days of the receipt of the notice of intent to appeal. At least ten (10) days prior to the hearing, the city shall mail notice of the time and location thereof to the appellant.
(e) The board of appeals shall hear and determine the appeal on the basis of the appel-lant's written statement and any additional evidence the board of appeals deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The burden of proof shall be on the building official. The rules of evidence as used by courts of law do not apply.
(f) The board of appeals shall issue a written decision within ten (10) days of the hearing date. The written decision of the board of appeals is final.
(g) Other than as provided in this subsection, the appeal fee is not refundable. The board of appeals may make a determination on the motion of the appellant that the appeal fee shall be refunded to the appellant upon a finding by the board of appeals, that the appeal was not frivo-lous.
(h) Failure to pay a penalty imposed hereunder within ten (10) days after the penalty be-comes 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 col-lect the penalty by any administrative or judicial action or proceeding authorized by Section 8.100(2), other provisions of this code, or state statutes.
[Amended by Ord 646 on June 18, 2024]

8.050 Plans and Permits. It is unlawful for any person, firm or corporation to engage in any work, conduct, or activity for which a permit is required by this code or other regulation without first obtaining such permit. Permits are required for any work that is regulated under the Oregon Building Code, as per ORS Chapter 455 and the rules adopted thereunder, as well as any work, activity, use, or review required by any code, policy, or procedure within this jurisdiction that is enforced by the building official, which may include but is not limited to occupancy reclassifica-tions, signs, demolition.
(1) Application for Permit and Issuance. The application, plans, specifications, com-putations and other data filed by an applicant for a permit shall be reviewed by the building offi-cial. Such plans may be reviewed by other Lafayette departments to verify compliance with any applicable laws under their jurisdiction.
(a) All applications for work under this code and/or the Oregon Building Code shall be submitted on uniform permit forms prescribed under ORS 455 and shall:
(i) Identify the name and address of the owner of the building or property cov-ered under the permit;
(ii) Identify the name and address of the builder or contractor performing the work;
(iii) Identify and describe the work to be covered by the permit for which applica-tion is made;
(iv) Describe the land on which the proposed work is to be done by legal descrip-tion, street address, or similar description that will readily identify and definitely locate the pro-posed building or work;
(v) Indicate the use or occupancy for which the proposed work is intended;
(vi) Be accompanied by plans, diagrams, calculations, specifications, and other data as required by the building official;
(vii) State the valuation of any new building or structure, or any addition, remod-eling, or alteration to an existing building, or the valuation of mechanical systems or medical gas systems; and
(vii) Provide plans showing all rights-of-way, easements, covenants, and other such interests in the land that may be impacted by construction.
(b) If the building official finds that the work described in application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees have been paid, the building official shall issue a permit therefore to the applicant.
(c) When the building official issues the permit where plans are required, the building of-ficial shall enforce in writing or stamp the plans and specifications “Reviewed for Code Compli-ance” or “Approved”. Such approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work regulated by this code shall be done in accordance with the approved plans.
(d) Deferred submittal of plans may be permitted by the building official, as specified in the Oregon Building Code, Oregon Administrative Rules, or Oregon Revised Statutes. The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or ap-proved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. Construction associated with deferred submittals shall not begin until such submittals have been reviewed and approved. The holder of a partial permit shall proceed without assurance that the permit for the entire building or structure will be granted.
(2) Retention of Plans. One set of approved plans, specifications and computations shall be retained by the building official for a period set forth by OAR 166-200-0200; and one set of approved plans and specifications shall be returned to the applicant, with said set being kept at the site of the building or work at all times during which the work authorized thereby is in pro-gress.
(3) Validity of Permit. The issuance or granting of a permit or approval of plans, specifi-cations and computations shall not be construed to be a permit for, or an approval of, any viola-tion of any of the provisions of this code or of any other ordinance of the jurisdiction or any oth-er federal, state, or local law, statute, rule, regulation, or ordinance. The issuance of a permit based on plans, specifications and other data shall not prevent the building official from thereaf-ter requiring the correction of errors in said plans, specifications and other data, or from pre-venting building operations being carried on thereunder when in violation of this code or any other ordinances of the city of Lafayette.
(4) Expiration of Plan Reviews. Applications for which no permit is issued within 180 days following the date of the application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not ex-ceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall re-submit plans and pay a new plan review fee.
(5) Permit Expiration, Extension and Reinstatement. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building and or work authorized is not commenced within the time limitations set forth in this section. Every permit issued by the building official shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. The work shall not be considered suspended or abandoned where the permittee has pursued activities deemed by the building official to indicate the intent to start and complete the project. The building official may require the permittee to document these activities. Every permit issued by the building official shall expire by limitation and become null and void 24 months after the date of permit issuance. If the building or work authorized by such permit has not received final inspection approval prior to the permit expiration date, all work shall stop until a new permit is obtained for the value of the work remaining unfinished.
(a) At the time of permit issuance, the building official may approve a period exceeding 24 months for completion of work when the permittee can demonstrate that the complexity or size of the project makes completing the project within 24 months unreasonable. Any permittee holding an unexpired permit may apply for an extension of the time within which work is to be completed under that permit when the permittee is unable to complete work within the time re-quired by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days or written request by the permittee showing that circumstances beyond the control of the permittee have prevented work from being completed. No permit shall be extended more than once. When a permit has expired, the permit can be reinstated and the work authorized by the original permit can be recommenced, provided the following are met:
(i) The building code under which the original permit was issued and other laws which are enforced by the code enforcement agency have not been amended in any manner which affects the work authorized by the original permit.
(ii) No changes have been made or will be made in the original plans and specifications for such work.
(iii) The original permit expired less than one year from the request to reinstate.
(b) The fee for a reinstated permit shall be set by resolution of the City Council. Where the request for reinstatement does not comply with the preceding criteria, a new permit, at full permit fees, shall be re-quired.
(6) Work Without a Permit/Investigation Fees. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investi-gation shall be made before a permit may be issued for such work. An investigation fee, in addi-tion to the permit fee, may be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all oth-er provisions of this code nor from any penalty pre-scribed by law.
(7) Not Transferable. A permit issued to one person or firm is not transferable and shall not permit any other person or firm to perform any work thereunder.
(8) Suspension/Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error on the basis of incorrect information supplied, or if its issuance (or activity thereunder) is in violation of any ordinance or regulation of any other provisions of the city code, regulation, state statute, or if the permittee violates any term or condition of the permit or this code.
(9) Inspections. Construction or work for which a permit is required shall be subject to inspection by the building official. In addition, certain types of construction shall have special or continuous inspection as specified in the Oregon Building Code.
(a) It shall be the duty of the permit holder or authorized agent to request all inspections that may be necessary or otherwise required in a timely manner, provide access to the site, and to provide all equipment as may be deemed necessary or appropriate by the building official.
(b) The permit holder shall not proceed with construction activity until authorized to do so by the building official. A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans.
(c) It shall be the duty of the permit holder to cause the work to remain accessible and exposed for inspection purposes. Any expenses incurred by the permit holder to remove or re-place any material requested for proper inspection shall be the responsibility of the permit holder or his agent.
(d) Inspection and approval by the building official is not to be construed as relieving the permit holder of his/her responsibility to correct any deficiencies that are later discovered, even though they may have existed at the time of the original inspection and approval.
(e) A reinspection fee may be assessed for each inspection or reinspection when such por-tion of work for which inspection is requested is not complete or when corrections are not made. Reinspection fees may be assessed when the approved plans are not readily available to the in-spector, for failure to provide access on the date for which inspection is requested, or for deviat-ing from plans requiring the approval of the building official. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid, unless authorized by the building official.
[Amended by Ord 646 on June 18, 2024]

8.053 Certificate of Occupancy.
(1) Except for work exempt from permits and residential accessory buildings, no building or structure shall be used or occupied, and no change in the existing character, use, or occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy.
(2) In cases where there are outstanding corrections and/or deficiencies that do not pre-sent a hazard or immediate public concern and do not violate any other rules or laws enforced by the City, the building official may grant a temporary certificate of occupancy. When granting a temporary certificate of occupancy, the building official may provide the permit holder with conditions and time restrictions for compliance and final approval. Unless approved by the build-ing official following submission of supporting documentation showing that circumstances be-yond the control of the permittee have prevented the work outstanding from being completed, no structure shall be occupied under a temporary certificate of occupancy for more than 180 days.
(3) Upon failure to obtain final approval and a certificate of occupancy, when applicable, and/or upon the expiration of the permit, the building official, in addition to other remedies, shall file a notice of noncompliance with the City Administrator. To remove the notice, proof of com-pliance must be provided and all enforcement costs, recording costs, and filing costs determined by the building official must be paid by the permit holder.
(4) Issuance of a certificate of occupancy shall not be construed as an approval of a viola-tion to the provisions of this code or of other City ordinances. The building official may, in writ-ing, suspend or revoke a certificate of occupancy issued under the provisions of this title when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure, or portion thereof, is in violation of an ordinance, regulation, or the provisions of this title.
[Amended by Ord 646 on June 18, 2024]

BUILDING CODE STANDARDS

8.055 Specialty and Standard Codes Adopted. The provisions of the Oregon Building Code, as provided in ORS 455, are hereby adopted by reference. The specialty codes, comprising the Oregon Building Code, are on file in the Community Development Department of the City of Lafayette.
(1) Structural Code. The Oregon Structural Specialty Code, as adopted by OAR 918-460-0010 through 918-460-0015.
(2) Mechanical Code. The Oregon Mechanical Specialty Code, as adopted by OAR 918-440-0012 and the fire and life safety provisions thereof as adopted by OAR 837-040-0140.
(3) Plumbing Code. The Oregon Plumbing Specialty Code, as adopted by OAR 918-750-0110.
(4) Electrical Code. The Oregon Electrical Specialty Code, as adopted by OAR 918-305-0100.
(5) Residential Specialty Code. The Oregon Residential Specialty Code as adopted by OAR 918-480-0005.
(6) Oregon Manufactured Dwelling and Park Specialty Code. The Manufactured Dwell-ing and Parks Specialty Code as adopted by OAR 918-600-0010, including amendments adopt-ed April 1, 2005.
(7) Oregon Manufactured Dwelling Installation Specialty Code. The manufactured dwell-ing rules adopted by OAR 918-500-0510 through 918-500-0590.
(8) Energy Efficiency Specialty Code. The Oregon Energy Efficiency Specialty Code as adopted by OAR 918-460-0500.
[Amended by Ord 646 on June 18, 2024]

8.085 Dangerous Building Code.
(1) Unsafe buildings. All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of build-ings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a build-ing and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code, are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abat-ed by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Dangerous Building Code or such alternate procedures as may have been or as may be adopt-ed by the city of Lafayette. As an alternative, the building official, or another employee or offi-cial of the city of Lafayette, as designated by the governing body, may institute any other appro-priate action to prevent, restrain, correct or abate the violation.
(2) Adoption of the Uniform Code for the Abatement of Dangerous Buildings. The 1997 “Uniform Code for the Abatement of Dangerous Buildings” is hereby adopted.
[Revised by Ord 545 on March 28, 2002]

8.090 Fees
(1) Fees charged under this code shall be adopted by city resolution.
(2) The building official may authorize the partial refunding of fees when no work has been done under a permit issued in accordance with this code. Such a refund shall be subject to an administrative charge adopted by resolution.
(3) The building official may authorize refunding a portion of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or can-celed before any plan review effort has been expended. Such a refund shall be subject to an ad-ministrative charge adopted by resolution.
(4) The building official may not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.
(5) The determination of value or valuation under any provisions of this code shall be made by the building official. The value to be used in computing the building permit and plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment.
[Amended by Ord 646 on June 18, 2024]

8.095 Severability. If any section, paragraph, subdivision, clause, sentence, or provisions of this code shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this code, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which judgment or decree shall be rendered, it being the intent of the governing body to enact the remainder of this code notwithstanding the parts to be declared unconstitutional and invalid.

8.100 Penalties.
(1) Any person violating any of the provisions herein for which a special penalty has not been expressly provided shall be subject to an administrative civil penalty not to exceed $1,000 per violation. Each day that a violation exists is a separate offense.
(a) Investigative Fee.
(i) In case of work performed without permits, as required in this title and the Oregon Building Code, such work shall be subject to the investigation fee(s) adopted by resolution of the City Council, unless waived by the building official.
(b) Civil Penalties.
(i) In the case of a violation of this title or the Oregon Building Code, each violation shall be subject to the following civil penalties:
(1) First Offense. Where 1 or multiple violations are committed by a person, business, or corporation, a civil penalty up to $500 per violation shall be assessed. If the violation is corrected within the date(s) specified in the citation, a maximum of $250 of the civil penalty may be stayed. The stayed amount shall become due if additional violations occur within three calendar years from the date of the citation.
(2) Second and Subsequent Offenses. Where subsequent violation(s) by a person, busi-ness, or corporation occurs within 3 years of their first offense, a civil penalty of $1,000 per viola-tion shall be assessed. If the violation is corrected within the date(s) specified in the citation, a maximum of $500 of the civil penalty may be stayed. The stayed amount shall become due if ad-ditional violations occur within three calendar years from the date of the citation.
(ii) Each day the violator fails to remedy the code violation shall constitute a separate violation.
(iii) The administrative civil 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 except that Sections 1.215-1.270 shall not be applicable to violations of this Chapter.
(iv) Any person, firm, corporation or other entity however organized who is issued a no-tice of civil penalty may appeal the penalty to the board of appeals. The provisions of Section 8.045(6) of this code shall govern any requested appeal.
(v) 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 board of appeals, pursu-ant to, and within the time limits established by, Section 8.045(6).
(2) Unpaid Penalties.
(a) Failure to pay an administrative penalty imposed pursuant to this code within ten (10) 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.
(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 re-al property, and the penalty remains unpaid thirty (30) days after such penalty becomes 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 lien docket. At the time such an as-sessment 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 lien docket. 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.
(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.
[Amended by Ord 646 on June 18, 2024]

8.105 Building Permittee Responsible for Cleanup.
(1) Before a building permit shall be issued for the construction of any new single-family, multi-family, commercial or industrial building or structure, the remodeling of any existing single-family, multi-family, commercial or industrial building or structure, the estimated cost of which remodeling exceeds the sum of $10,000, the applicant shall enter into an agreement with the City which shall provide that the applicant for a building permit shall agree that he/she will be solely responsible for the cleanup of debris, dirt, and foreign materials, on sidewalks and roadways, derived from the building site and/or lot upon which the building or structure which is the subject of the building permit is being constructed or remodeled. This responsibility shall continue until such time as the structure receives final city inspection and approved, including issuance of an occupancy permit if the same is required for the subject building or structure.
(2) The applicant shall be responsible for cleaning all debris, dirt and foreign material derived from his/her development or project by five p.m. of each work day; except that if said debris, dirt, or foreign material is found by the city administrator to constitute an immediate traffic or safety hazard, it shall be immediately removed by the applicant.
(3) The applicant shall furnish the city with information as to where he or a designated subordinate may be reached at all times by the city in regard to the performance of such cleanup work. Failure of the land divider to clean up debris, dirt or foreign materials as herein above stated shall give the city the right to clean up said debris, dirt or foreign materials utilizing city crews or hire an independent contractor to do the same.
(4) The city shall bill the applicant for all such cleanup services at the rate to twice the actual city labor costs incurred plus 35 percent of such actual labor costs reflecting utilization of city equipment.
(5) In the event that the city hires a private contractor to perform the services, the city shall bill the applicant the actual costs incurred by the private contractor plus 50 percent of said actual costs reflecting the administrative costs incurred. All billings shall be paid by the applicant within five days of the billing date. Failure of the applicant to pay said billings within said time shall result in issuance of a stop work order on the entire building project which shall remain in effect until the required sums are paid by the applicant.

8.110 Cleanup Deposit. In the event there are three or more occasions within a calendar year when the city is forced to clean up debris, dirt or foreign material on sidewalks or roadways from an individual building site, the applicant for the building permit shall deposit with the city a sum in an amount set by council resolution which shall be retained by the city as a fund to utilize for street-cleaning purposes pursuant to the provisions of sections 8.000 to 8.115. Failure of the building permit applicant to maintain said sum for a period of over ten days shall result in the issuance of a stop-work order, which shall remain in effect until the fund is restored by the applicant for the building permit.

8.115 Prevention of Debris Accumulation on Adjacent Sites. Before a building permit shall be issued for the purposes set forth in Section 8.110, the applicant for the building permit shall agree that, if required by the city, he/she will deposit rock and gravel to the specifications of the city in such locations and quantity adjacent to and on the building site so as to help prevent the deposit of debris, dirt, or other foreign material from the building site upon adjacent sidewalks and roadways.

FIRE CODE

8.175 The Oregon Fire Code (OFC), as adopted by OAR 837-040-0010 and its Appendices B, C, D, F, H, I, K (for buildings constructed prior to a state building code), N, Q, R, S, and T, are hereby adopted and shall be enforceable in the city.

8.176 Purpose. The purpose of the Lafayette fire department shall be the prevention and suppression of fire to protect life and property within the Lafayette city limits and, as resources allow, to provide mutual aid to other fire departments outside the Lafayette city limits.
(1) The fire chief or their authorized representative shall present a written and verbal report of monthly activities (and any additional information requested by the city council) to the city council at its first regular session each month, shall maintain records of fires, false reports of fires, training, membership, inspections of equipment and inventory of equipment, and shall submit an annual written equipment inventory to city council during the month of March.
(2) Regulations pertaining to operation of the fire department shall be adopted by City Council in the form of resolutions.
[Amended by Ord 646 on June 18, 2024]

8.177 Definitions. The following terms, when used in the Oregon Fire Code, have the following meanings in the LMC unless the context requires otherwise:
"Fire code official", the fire chief or other designated authority charged with the administration and enforcement of the code, or a duly authorized representative;
"Corporation counsel", the City Attorney; and
"Jurisdiction", the city.
[Amended by Ord 646 on June 18, 2024]

8.180 “Knox Box” Required. All commercial and industrial properties and all school buildings shall be equipped with a “Knox Box” and said box shall be located in accordance with plans approved by the City of Lafayette. The City shall be provided with a key to said box.

MOVING BUILDINGS

8.200 Permit Required. A permit is required for moving any building regulated by the Oregon Building Code.
[Amended by Ord 646 on June 18, 2024]

8.210 Permit Application Contents.
(1) Application for a permit to move any building or structure upon, over, or along any public street, alley, or highway shall be made in writing to the building official. The application, which shall be signed by the owner of the building or structure to be moved or by the person, firm, or corporation engaged to move the same, shall contain the following information:
(a) The name and address of the owner of the building or structure;
(b) The location of the building before moving;
(c) The location where the building is proposed to be set or reestablished;
(d) The type, age, width, length, and height of the building;
(e) The use or purpose for which the building was designed;
(f) The use or occupancy to be made of the building at its new location;
(g) The name and address of the person, firm, or corporation engaged to move the building;
(h) The means or manner the building is to be moved and type of equipment used therefore;
(i) The route over or along which the buildings are to be moved;
(j) The time that will be required to move the building including the day and hour when any part thereof will enter any street and the approximate date and hour every part of the building will be off of every street, alley, or highway, and the time that will be required to complete the reestablishment and relocation of the building upon its new site; and
(k) Such other information as the building official may deem necessary.
[Amended by Ord 646 on June 18, 2024]

8.225 Inspection of Building. The building inspector shall inspect the building to be moved, and, if he finds that the building is of substantial construction and in condition that it may be moved without collapsing or falling apart and without endangering any person upon, along, or adjacent to any public street, and further finds that the building is designed and adaptable for the purpose, use or occupancy to which it is proposed to put the same at the new location and that it conforms to the requirements of the fire zone of the new location, then he shall approve the application.

8.235 Insurance. No permit to move a building or structure shall be granted unless the movers shall furnish a certificate of public liability insurance, which shall be approved by the city administrator: with coverage limits of: $500,000 property damage, $100,000 personal injury for any individual, and $500,000 personal injury for any one occurrence.
[Amended by Ord 646 on June 18, 2024]

8.240 Unlawful to Leave Building on Streets. After a building or any part thereof extends over or into or is upon any part of any street, alley, or highway, by virtue of the moving thereof, the person, firm, or corporation moving the same shall diligently and continuously employ him-self, his, their or its agents, employees and facilities in the moving of such building until the same reaches its destination, or is removed from any and all streets, alleys, or highways, and, except when the mover shall have the permission of the city engineer, it is unlawful for any such mover to leave standing or abandon the moving of such building while the same or any part thereof is in or upon any part of any street, alley, or highway.

8.250 Moving at Night. In case any building is moved at night, the mover shall provide such barricades, lights, flares, and watchmen as may be necessary to safeguard the traffic and persons using the street.

8.255 Permit Fees. When application is made for a permit under sections 8.200 to 8.250, the applicant shall pay permit fees in an amount set by council resolution.
[Amended by Ord 646 on June 18, 2024]

HOUSE NUMBERING

8.275 Structures to be Numbered. The city shall be laid out into certain areas, and structures within these areas shall be given numbers as a means of facilitating identification of said structures.

8.280 Map on File. There shall be on file with the city administrator a map or similar means of furnishing to applicants who reside within the city limits of Lafayette a "house number" and said number is to be the identification for a structure at a certain location on a street.

8.285 House Numbers--Furnished by City Administrator. House numbers shall be furnished to applicants by the city administrator free of any cost to the applicant.

8.290 House Numbers--Definition. By "house numbers", it shall be understood to be an identification only that is given to the applicant.

8.295 Posting Numbers Required. All residential, commercial, and industrial structures for which a house number has been designated by the city, shall bear upon the front thereof or upon a post or standard at or near the street, house numbers which are clearly legible from the street. House number designations in Roman numerals shall be prohibited. No new residential, commercial, or industrial structure may be issued an occupancy permit by the city without complying with this section. Upon issuance of a building permit for the new construction of a structure which will require marking by permanent house number after the completion thereof, there shall be posted upon the premises or upon a post or standard near the street, temporary house numbers clearly legible from the street.

FENCE REGULATIONS

8.300 Barbwire and Electric Fences Prohibited. No person, firm or corporation shall erect, construct, or maintain any barbwire or electric fence within the city unless the requirements of section 8.310 are met, or unless it is erected with the purpose of containing livestock upon a lot of a minimum of one acre in area; provided further, that in said one acre lot at least 20,000 square feet must be present per head of livestock. In addition to the above requirements, no barbwire or electric fence may be erected, constructed, or maintained within five feet of the right-of-way of any public street, alley, pedestrian way, bike way, hiking trail, or other public way; and further provided, that no such fence may be located within 100 feet of a residence other than a dwelling upon the same lot, except that an electric fence may be located within 100 feet of a residence other than a dwelling upon the same lot if the requirements of section 8.210 are met.

8.305 Existing Electric & Barbwire Fences. The owner, occupant, or custodian of the premises upon which there is situated a barbwire or electric fence existing on the effective date of the ordinance codified in sections 8.300 to 8.315 which is in violation of the requirements set forth herein, shall be notified by the city administrator by certified or registered mail of the existence of said violation. The notice shall provide that such existing fence must be removed within 30 days of receipt of said notice. Failure to remove a violating barbwire or electric fence within said 30-day period shall constitute a violation of sections 8.300 to 8.315.

8.310 Exception Procedure for Electric & Barbwire Fences. The city administrator shall have the authority to authorize issuance of permits for the erection, construction, or maintenance of electric fences other than electric fences for the containment of livestock as set forth in section 8.300 if he finds that all of the following requirements are met:
(1) That the electric fence is located within an entirely fenced and/or enclosed area in which appropriate and suitable measures have been taken to render the area secure from children other than children of the owners, occupants, or custodians of the premises.
(2) That the electric fence shall be utilized for the sole purpose of preventing damage to property of the owner, occupant or custodian of the premises by wild animals, such as raccoons, opossums, or deer. Substantial evidence of the presence of a threat of such damage and that there are no other reasonable methods of control must be established to the satisfaction of the city administrator.
(3) Appeal of any decision of the city administrator pursuant to the terms of sections 8.300 to 8.315 may be made by any interested party to the city council within 15 days of the date of the city administrator's decision.

8.315 Permit Required for all Fences. Prior to erecting or constructing fence within the city limits, including, but not limited to, any barbwire or electric fence pursuant to sections 8.300 or 8.310, the person, firm or corporation erecting such fence or desiring to erect the same shall first obtain a permit from the city. The application for such permit shall be accompanied by an accurate scale drawing which shall indicate the height of the fence and the location of such fence with reference to any public way, property line and structure. The application shall also describe in detail all materials from which the fence will be constructed. No fee shall be charged for such a permit.

8.320 Materials permitted. Fences shall be constructed of wood, stone or masonry products or such other man made materials designed, and intended by the manufacturer for use as a fence.

8.325 Compliance with Development
Code & Design Standards. Reference should be made to the Lafayette Development code (Ordinance No. 470) and the Lafayette Public Works Design Standards (Ordinance No. 483). Design and construction of any fence in the city shall be in compliance with the set back requirements, clear vision requirements, height restrictions, and such other provisions as may apply to a particular fence application.

8.330 Non-Compliance as Continuing Offense. Any person who fails or refuses to obtain a fence permit before beginning construction of a fence, or who fails or refuses to bring any fence into compliance with the provisions of sections 8.300 to 8.235 of this code, the Lafayette Development Code (Ordinance No. 470), or the Lafayette Public Works Design Standards (Ordinance No. 483), commits a separate violation for each day that such failure or refusal continues.

STREET TREES

8.400 Purpose. The purpose of sections 8.400 to 8.495 is to maintain and protect the aesthetic quality of the city's residential and business environment and to establish a process and standards which will minimize uncontrolled cutting or destruction of trees or wooded areas within Lafayette. It is the intent of sections 8.400 to 8.495 to protect the scenic beauty and livability of the city by promoting a process for preserving and/or renewing its tree canopy and by implementing standards for the planting, maintenance and survival of desirable trees. Sections 8.400 to 8.495 also recognizes the value of the urban forest for its effect on air quality and wildlife habitat, and as a noise barrier and visual contrast to the developed urban environment.

8.405 Definitions. As used in sections 8.400 to 8.495, singular includes the plural and vice verse, and the following mean:
Fell. To remove or sever a tree or to use any procedure the natural result of which is to cause the death or other substantial destruction of the tree. Fell does not in any context include normal trimming or pruning.
Heritage tree. Trees which, because of their age, type, notability or historical association, are of special importance.
Illegally removed tree. A tree removed without first obtaining the permit, when the act of removal is not excepted by section 8.455(4).
Street. Includes land within the dedicated public right-of-way including easements, sidewalks, etc.
Street tree. Includes any plant listed in the approved street tree list as identified within the street inventory which is updated regularly by the city.
Subject property. The land on which the trees are located or were cut, and any adjacent land under the same ownership.
Tree. A living, standing woody plant having a trunk 6" in diameter or 19" in circumference at a point five feet above the mean ground level at the base of the trunk.

8.410 Street Tree Plan and List of Trees.
(1) It is in the best interest of the city that a Street Tree Plan be developed and established for the planting, maintenance and replacement of trees in and along its streets. This section is adopted for the purpose of providing for such a plan and for the establishment of regulations necessary to carry out its purpose.
(2) The city administrator shall prepare or cause to be prepared a Street Tree Plan for the planting and maintenance of trees in the streets of the city.
(3) The Street Tree Plan should include, but shall not be limited to, a series of maps of city streets upon which is desig¬nated a scheme for the planting of trees and the designation of streets for certain types of trees. Such maps shall show the interval between existing trees and the place where each new tree is to be planted.
(4) A survey of the street trees presently existing in the city and their condi-tion may be taken.
(5) Approval and amendments of the Street Tree Plan shall be based on consideration of the following criteria:
(a) Existing and planned street width.
(b) Existing and planned utilities.
(c) Pedestrian and vehicular traffic.
(d) Proposed trees are included in the city administrator's listing of approved species.
(6) The city administrator shall maintain a list of approved varieties of trees that may be planted on any street with the city in accordance with the Street Tree Plan. Approval shall be based upon considerations such as maturity, height, susceptibility to disease or pests, reasonable expected freedom from nuisance characteristics and general suitability for any particular locations. The city administrator's listing of approved varieties shall not prevent the seeking of approval of unlisted varieties.

8.415 Gifts and Funding.
(1) The city may accept gifts which are specifically designated for the purpose of planting or maintaining street trees within the city.
(2) A separate fund shall be established and maintained for revenues and expenditures created by the street tree program.

8.420 Planting.
(1) The city administrator may plant street trees along the streets of the city in accordance with the Street Tree Plan. Until such time as a Street Tree Plan for the planting and maintenance of street trees is developed, street tree plantings shall conform to the city's Street Tree Planting Guidelines, which may be obtained from the parks and recreation department.
(2) It shall be unlawful for any per-son to plant or set out any tree or authorize or cause or procure any person to plant or set out any tree in or upon any part of any street or public right-of-way without:
(a) Obtaining from the manager a written permit to do so; and
(b) Complying in all respects with the conditions set forth in such written permit and with the provisions of this code.
(3) All applications for such permit shall describe work to be done and the variety, size and precise location of each tree to be planted. Upon review of the application:
(a) If the city administrator has found that the proposed planting is in ac-cord with the Street Tree Plan, the city administrator shall grant a permit, and the trees shall become part of the city's street tree inventory.
(b) If the city administrator finds that the proposed planting is not in accord with the Street Tree Plan, but that the trees proposed to be planted have a reasonable likelihood of prospering and the application specifies the location, variety and grade of each tree and method of planting, including among other things, the supplying of suitable soil, then the city administrator may grant a permit, and the tree shall become part of the city's street tree inventory.
(4) The permit shall be good only for the planting season stated.

8.425 Plantings in New Subdivision.
(1) Street trees shall be planted by the city within the planting strips of any new subdivi-sion in conformity with the Street Tree Plan for the area. All such planting shall be done in ac-cordance with the plant¬ing specifi¬cations governing the placement of street trees as provided by the Parks and Recre¬ation Department. All trees shall be planted during the first planting season after occu¬pancy.
(2) The cost of street trees shall be paid by the developer of the subdivision based upon the number of street trees re¬quired within the approved plan multiplied by the fee per street tree as established by the city by resolution.
(3) The fee per street tree, as es-tablished by the city, shall be based upon the city's esti-mate or the total of the follow¬ing:
(a) The cost of the tree;
(b) Labor and equipment for original placement;
(c) Regular maintenance nec¬essary for tree establishment during the initial two year period following the city schedule of maintenance; and
(d) A two-year replacement warrantee based on the city's es¬tablished failure rate.

8.430 Modified and New Streets. All proposed changes in width in a public street right-of-way, or any proposed street improvement shall, where feasible, include allowances for planting strips. Plans and specifications for planting such areas shall be integrated into the general plan of street improvements. Sections 8.400 to 8.495 requires any multi-family, commercial or public facility which causes change in public right-of-way or street improvement to com¬ply with the street tree planting plan and stan¬dards.

8.435 Protection of Street Trees.
(1) It shall be unlawful for any per¬son to attach or keep attached to any tree in or upon any public street or to the guard or take intended for the protection of such tree, any ropes, wires, chains, or other device whatsoever, except that the same may be attached to any tree as support or protection thereof.
(2) During the erection, repair, alteration or removal of any buildings or structure, it shall be unlawful for the person in charge of such erection, repair, alteration or removal to leave any tree in or upon any street in the vicinity of such building or stru¬cture without a good and suffi-cient guard or protector as to prevent injury to such tree arising out of, or by reason of such erec-tion, repair, alteration or removal.

8.440 Permit Requirements and Condi¬tions. Any person desiring for any purpose to cut, prune, or treat any street tree, shall make application to the city administrator on forms furnished by the city. Such applica¬tion must state the number and kind of trees to be pruned or treated, the name of permittee and/or contractor, and the time by which the proposed work is to be done and such other information as may be re¬quired by the city administrator. Any work done under such written permit must be per¬formed in strict accordance with the terms and provi¬sions of this ordi-nance. In issuing or deny¬ing a permit, the city administrator shall apply all the standards as set forth in this ordinance and the objectives of the Street Tree Plan.

8.445 Maintenance.
(1) All street trees must be pruned to National Arborist Association (NAA) Prun¬ing Standards for Shade Trees. A current copy of said standards shall be available for review at the parks and recreation depart¬ment.
(2) Street trees or trees on private grounds and having branches projecting into the street shall be pruned by the own¬ers of the property upon which the trees are grow¬ing and shall be done according to the re¬quirements for tree branch clearance over street and sidewalk areas, and signs as set forth in sections 8.400 to 8.495.
(3) Limbs of trees may be allowed to project over the sidewalk area at an ele¬vation of not less than 7 1/2 feet above the sidewalk level, and over the street area at an elevation of not less than 11 feet above the street level. However, on any street desig¬nated as an arterial or one-way street, and where parking has been prohibited, limbs of trees shall be pruned to a height of not less than 14 feet above the street level. Trees which are not trimmed so as to meet the above specifica¬tions shall be deemed to present an unrea¬sonable risk of harm to persons or property.
(4) Care and maintenance of street trees or trees planted by the property owner or former property owner on public right-of-way is the continuing duty and routine obli¬gation of the prop-erty owner(s).
(5) Whenever the owner or own¬ers, lessees, occupants or persons in charge of private grounds shall neglect or refuse to prune any tree as provided in this section, said tree may be de-clared a nui¬sance pur¬suant to sections 5.400 to 5.530 of this code and the city administrator may prune or treat, or cause to be pruned or treated, said tree. The person remedying the condition shall be authorized to enter the premises for that purpose. The nui¬sance abatement provisions of sections 5.400 to 5.530 shall be followed for the col¬lection of costs incurred by the city in abat-ing the nuisance.
(6) The city administrator may prune and maintain, or cause to be pruned and main-tained, all of the trees within the street.
(7) A private utility maintaining its utility system in a street may prune or cause to be pruned in accordance with said per¬mit, any tree located in the street which interferes with any light, pole, wire, cable, appliance or apparatus used in connection with, or as a part of, the utility system.
(8) It shall be unlawful for any per-son, firm, or city department to top any street tree, park tree, or other tree on public pro¬perty. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to re-move the normal canopy and disfigure the tree. Trees severely damaged by storms or other caus-es, or certain trees under utility wires or other obstructions where other pruning practices are im-practical, may be exempted from sec¬tions 8.400 to 8.495 by the city administrator.
(9) It shall be unlawful for any per¬son to engage in the business occupa¬tion or profession of tree pruning within the corpor¬ate limits of the city of Lafayette without first obtaining a busi-ness license therefore as provided in sections 7.000 to 7.080 of this code.
(10) If sections 8.400 to 8.495 im¬pose an undue hardship on an individual property own-er, assistance by a grant-in-aid may be available through the city administrator's office pursuant to the city's Grant-In-Aid Policy.

8.450 Abatement.
(1) When any tree located on a street or on private property is dead or in¬fested with a disease or insects or is, in the opinion of the city administrator, infectious and may spread such disease or insects to oth¬er trees in the city, the manager may re¬move or treat the tree or cause same to be removed or treated. Such removal or treat¬ment shall be the responsibility of the prop-erty owner. Dead trees may also be abated or removed pursuant to section 5.465(2) of this code.
(2) The city administrator may abate or remove, or cause to be abated or removed, any tree located in the street area, or which encroaches from private property into the street area be-cause of age, disease or other debilitating cause, death, insecure root sys¬tem, or any other condi-tion which, in the opinion of the city administrator, causes its contin¬ued existence to be detri-mental to the pub¬lic interest. The manager may require that the removed tree be replaced with a new tree at the expense of the property owner.

8.455 Removal.
(1) It shall be unlawful for any per¬son, without a prior written permit from the city ad-ministrator, to remove, destroy, cut, break or injure any street tree, or to remove, except as pro-vided in sections 8.400 to 8.495 any street tree that is planted or grow¬ing in or upon any street, or cause or autho¬rize or procure any person to do so; or injure, mis¬use or remove any device set for the protec¬tion of any street tree in or upon any street.
(2) The approval of a street tree removal by the city administrator may be condi-tioned on the replacement with a new street tree of approved variety if the city administrator finds the replacement necessary to maintain an ornamental street tree system on the street, block or portion thereof. If approval by the city administrator is so conditioned, the tree removal permit shall con-tain such condition along with a time frame for compliance. Costs of re¬placement are the respon-sibility of the prop¬erty owner.
(3) The provisions of this section apply to all zones and uses on private prop-erty within the city limits of Lafayette, un¬less excepted by subsection (4) of this sec¬tion.
(4) The following activities do not require a tree-cutting permit under the provi-sions of this section:
(a) In case of an emergency caused by a tree being in a hazard¬ous or dangerous condition threat¬ening life or property, such tree may be removed by permission of any officer of the police department or fire district, or the city administrator.
(b) The action of any city offi¬cer or employee, or of any public utility necessary to remove or allev¬iate an immediate danger to life or property, to restore or protect utility service, or to reopen a public thor¬oughfare to traffic.
(c) The felling or removing of trees that are nuisances under sec¬tion 5.465 of this code.
(d) Felling or removing of trees that are interfering with sewer ser¬vice.
(e) Felling or removing of trees that obstruct the view at an intersec¬tion contrary to require¬ments con¬tained in chapter 42 of the Com¬mun¬ity Development code.
(f) The felling of trees on a sin¬gle parcel of land or contiguous parcels of property under the same ownership when a parcel or parcels total less than 10,000 square feet.
(g) Tree cutting within 50 feet of a building or structure which is law¬fully present and which may be law¬fully used under the ordinances of the city, will not require a tree-cutting permit.
(h) The felling of not more than two trees on a single parcel of land or contiguous parcels of prop¬erty under the same ownership totalling over 10,000 square feet within a single calendar year.
(i) The felling of trees within the grading envelope for new streets and utilities based upon an ap¬proved preliminary plat and grad¬ing plan.
(j) The felling of trees within the building envelope including drive¬ways for indi-vidual lots with an ap¬proved building permit. In order to avoid delay, prior to issuing an ap¬proved building permit, the De¬part¬ment of Planning and Develop¬ment may ap-prove a preliminary site plan for purposes of tree re¬moval only.
(k) Harvesting of Christmas trees on land used solely for the production of cul-tured Christmas trees as defined in ORS 215.203(3).
(l) The felling of trees consis¬tent with any approved site plan or condi¬tions which allow for the re¬moval of trees will not require a permit for the removal of those trees as specified in the plan or conditions.
(5) (a) An application for a tree cutting permit shall be initiated by the property own-er or authorized agent, and shall be accompanied by the appropriate fee. In the event this section imposes a hard¬ship on an individual property own¬er, assistance by a grant-in-aid may be available through the city administrator's office pursuant to the city Grant-In-Aid Policy.
(b) The application may in-clude a map of the parcel indicat-ing the species or other de-scription of the trees proposed for removal and their location. The map may be accom¬panied by a narrative which explains the reason or rea¬sons why the own¬er or owner's agent wishes to fell the trees. The map shall include suffi¬cient informa¬tion to adequately re¬view the pro¬posed tree re-moval in¬cluding an indication of the tree removal rela¬tive to property lines, structures, other trees on the site and other features of the property and adjoin¬ing properties.
(6) The city administrator shall make findings with respect to the following criteria when approving, approving with conditions, or denying an application for a tree cutting permit or when requiring tree removal:
(a) The condition of the trees with respect to disease, hazardous or unsafe condi-tions, danger of fall¬ing, proximity to existing struc¬tures or proposed construction, or in-terfer¬ence with utility services or pedes¬trian or vehicular traffic safe¬ty;
(b) The topography of the land and the effect of tree removal on erosion, soil re-tention, stability of earth, character of surface wa¬ters and streams, and protection of nearby trees and wind breaks.
(c) The necessity to remove trees in order to construct pro¬posed improvements, or to other¬wise utilize the applicant's property in a reason¬able manner.
(d) The adequacy of the appli¬cant's proposals, if any, to plant new trees to be felled.
(e) That the felling or removal would be compatible with generally accepted prac-tices of horticulture, silvaculture, or landscape architec¬ture.
(f) The felling or removal is within the guidelines set forth in the Field Guide to Oregon Forestry Prac¬tices Rules, published by the Oregon Department of Forestry, as they ap¬ply to the Northwest Oregon region.
(g) That the felling or removal of trees is a right preserved in a timber deed or res-ervation held by a party other than the property owner.
(h) The trees have been grown for the purpose of harvest-ing. Evi-dence of this purpose in¬cludes but is not limited to evi¬dence which shows that the trees are:
(i) Grown or growing on land which has been prepared by intensive cultivation meth¬ods and which is cleared of compet¬ing vegetation; and,
(j) Harvested on a rotat¬ing cycle; and,
(k) Subject to agricultural practices such as fertilization, insect and disease con-trol, culti¬vation and irrigation.
(7) The city retains the authority to require the applicant to replace any illegally removed trees pursuant to a plan and time table, and meet any conditions as set forth by the city adminis-trator. No future permits or ap¬provals for any use of the subject proper¬ty shall be granted with-out compliance with the plan. Appeal of the replacement plan and its conditions shall be directed to the city coun¬cil.

8.460 Stumps. In addition to the standards of the National Arborist Asso¬ciation, the following regulations are hereby estab¬lished for the care and removal of tree stumps in or upon the public streets of the city:
(1) When trees are cut down, the stump thereof shall be removed to a depth of 18 inches below the surface of the ground or grade of the street, whichever is of greater depth.

8.465 Heritage Trees.
(1) Heritage trees shall be those trees designated by the city council follow-ing review of a nomination form submitted by a citizen and accepted by the property owner. Criteria for herit-age tree assignation shall be adopted by council resolution.
(2) Upon a tree being designated as a heritage tree, a plaque so designating may be placed upon or near said tree. It shall become the obligation of the Parks and Recreation De-partment to maintain such tree, and if such tree is upon private property, the city administrator shall notify the owner of such tree that it has been designated as a heritage tree and may thereaf-ter be main¬tained by the city upon written consent of the property owner. A heritage tree may not be removed without a public hearing at least 30 days prior to the proposed date of removal.
(3) This section is intended to give, and does hereby give full and com-plete authority to the city administrator over any and all heritage trees in the city upon written consent of private property owners.
8.470 Voluntary Compliance and Penal¬ties. Any violation of the terms of sections 8.400 to 8.495, its plan or con¬di¬tions of approval is a Class A violation. Each calendar day of violation of the terms of sections 8.400 to 8.495, its plan or condi¬tions of approval, is a new offense. In addi-tion, the city attorney shall institute any necessary legal proceedings to enforce the provision of this section. These rights shall be in addition to any other remedies al¬lowed by law. Upon dis-covery of a viola¬tion, the city administrator shall notify the violator of the pro¬cess available for voluntary compli¬ance and the penalty provi¬sions of sections 8.400 to 8.495. The city administra-tor shall offer the violator an opportunity to enter into a volun¬tary compliance agreement. If the violator fails to enter a voluntary com¬pliance agree¬ment, the violator shall be sub¬ject to the pen-alties and procedures of sections 8.400 to 8.495.
[Amended by Ord. 612 on Dec. 10, 2010]

(1) Tree Removal.
(a) Voluntary compliance pro¬cess. A voluntary compliance agre¬ement shall con-tain the following:
i. A commitment by the violator to submit a carry out a tree replacement program which is approved by the city administrator; and
ii. Payment of a fee in accordance with the city's fee schedule established for this purpose. The fee will be calcu¬lated based upon staff time devoted to investigation of the violation and review and ap¬pro¬val of the voluntary compli¬ance agreement and related compli¬ance inspections.
(b) Penalties. Any person, firm, or corpora-tion causing the illegal removal of a tree who does not enter into a voluntary compli¬ance agree¬ment may upon convic¬tion be fined a sum not less than $5000 or not to exceed the equiva¬lent of 3 time the appraised value of the tree based on the latest revi¬sion of the Council of Tree and Landscape Ap-praisers evaluation method plus cost of pros¬ecution including attorney's fees for each tree removed.
(2) Street Tree Removal.
(a) Voluntary compliance pro¬cess. A voluntary compliance agre¬ement shall con-tain the following:
i. A commitment by the violator to submit and carry out a street tree replacement pro¬gram which is approved by the city administrator; and
ii. Payment of a fee in accordance with the city's fee schedule established for this purpose. The fee will be calcu¬lated based upon staff time devoted to investigation of the violation and review and ap¬pro¬val of the voluntary compli¬ance agreement and related compli¬ance inspections.
(b) Penalties. Any person, firm, or corporation causing the illegal removal of a street tree who does not enter into a voluntary compliance agreement may upon convic-tion be fined a sum not ex¬ceeding the re¬placement value of the street tree as determined in accordance with the latest revision of the Council of Tree and Land¬scape Appraisers evalua¬tion meth¬od plus cost of prosecution includ¬ing attorney's fees.
(3) Violation of Any Other Provi¬sion of This Ordinance.
(a) Voluntary compliance pro¬cess. A voluntary compliance agre¬ement shall con-tain the following:
i. A commitment by the violator to submit and carry out a corrective program which is approved by the city administrator; and
ii. Payment of a fee in accordance with the city's fee schedule established for this purpose. The fee will be cal¬culated based upon staff time devoted to investigation of the violation and review and ap¬pro¬val of the voluntary compli¬ance agreement and related compli¬ance inspections.
(b) Penalties. Any person, firm, or corporation violating any other provision of this ordinance who does not enter into a voluntary compliance agreement may upon conviction be fined a sum not ex¬ceeding $500 for each violation of this ordinance plus cost of prose¬cution including attor¬ney's fees.

8.475 Nuisances--Abatement Proce¬dures. In addition to the proce¬dures for en-forcement set forth within this code, the city administrator, in enforcing the provi¬sions of sec-tions 8.400 to 8.495, may pro¬ceed against the property on which, or in front of which, a tree is locat¬ed and found to consti¬tute a nuisance as set forth under the ordi¬nances and code of the city.

8.480 Liability. Nothing in sections 8.400 to 8.495 shall relieve the owner or occu¬pant of any private property from the duty to keep his private property, sidewalks, planting strip and street trees in front of such private property in a safe con¬dition so as not to be hazardous to public trav-el nor to relieve said property owner of the obliga¬tion to pay the cost of planting, removal and replanting of street trees in the planting strip adjacent to the property of said property owner, or to relieve said prop¬erty owner of liability to persons injured or otherwise dam¬aged by reason of the prop¬erty owner's failure to keep his private prop¬erty, side¬walks, planting strips and trees in front of such private property, sidewalks, planting strips and trees in a safe condition so as not to be hazardous to public travel. This city shall be exempt from all liability, includ¬ing but not lim-ited to common-law liability, that it might otherwise incur to an injured party as a result of the city's negli¬gent fail¬ure to keep trees in a safe condition so as not to be hazardous to public travel. The city disclaims any liability to any person suffering personal injury or property damage by rea-son of the owner's negligence in fail¬ing to trim trees or to remove any growth which creates an unreasonable risk of harm to persons or property. Said property own¬er(s) shall be liable to the city of Lafayette for any amounts which may be paid or in¬curred by the city by reason of all claims, judgment or settlement, and for all reason¬able costs of defense, including investiga¬tion costs and attorney fees, by reason of said property owner's failure to satisfy the obligations im-posed by sections 8.400 to 8.495 to trim trees or to remove any growth which cre¬ates an unrea-sonable risk of harm to per¬sons or property.

8.485 Appeal. If the city administrator refuses to issue any permit as required by sections 8.400 to 8.495, or if the city administrator requires the removal of a tree, the city administrator shall at once notify the applicant who may appeal to the city council in writ¬ing within 10 calendar days thereafter. The city council shall proceed to hear and deter¬mine the appeal, based upon infor-mation submitted by the permit applicant and the city administrator. In all cases, decision of the city council shall be final.

8.490 Amendments. Amendments to sections 8.400 to 8.495 may be initiated and shall be re-viewed by the plan¬ning com¬mission and park and recreation advisory board prior to submittal to the city council for adoption.

8.495 Fees/Classification of Fees and Costs. Fees shall be established by resolu¬tion of the city council and may be amended from time to time. The city coun¬cil determines that the fees and costs im¬posed by this ordinance are not a tax sub¬ject to the property tax limitations of Article XI, Section 11(b) of the Oregon Constitution.

SYSTEM DEVELOPMENT CHARGES (SDC'S)

8.500 Purpose.
This ordinance is intended to authorize system development charges pursuant to ORS 223.297 to 223.314 for the purpose of creating a source of funds to pay for the installation, construction, and extension of capital improvements. These charges shall be collected at the time of the devel-opment of properties which increase the use of capital improvements and generate a need for those facilities.

8.505 Scope.
The system development charges imposed by this ordinance are separate from and in addition to any applicable tax, assessment, charge, or fee otherwise provided by law or imposed as a condi-tion of development.

8.510 Definitions.
(1) Capital Improvements. Facilities or assets used for:
(a) Water supply, treatment and distribution;
(b) Sewage and wastewater collection, transmission, treatment and disposal;
(c) Drainage and flood control;
(d) Transportation; or
(e) Parks and recreation.
(2) Development. Conducting a building or mining operation, making a physical change in the use or appearance of a structure or land, or creating or terminating a right of access.
(3) Improvement Fee. A fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to Section 8.525 of this ordinance.
(4) Land Area. The area of a parcel of land as measured by projection of the parcel boundaries upon a horizontal plane with the exception of a portion of the parcel within a record-ed right-of-way or easement subject to a servitude for a public street or scenic or preservation purpose.
(5) Owner. The owner(s) of record title or the purchaser(s) under a recorded sales agreement, and other persons having an interest of record in the described real property.
(6) Parcel of Land. A lot, parcel, block or other tract of land that is occupied or may be occupied by a structure or structures or other use, and includes the yards and other open spac-es required under the zoning, subdivision, or other development ordinances.
(7) Permittee. The person to whom a Building Permit, Development Permit, Permit to Connect to the sewer or water system or Right-of-Way Access Permit is issued.
(8) Qualified Public Improvement. A capital improvement that is:
(a) Required as a condition of development approval;
(b) Identified in the plan and list adopted pursuant to Section 8.535 of this ordi-nance; and either,
(c) Not located on or contiguous to a parcel of land that is the subject of the de-velopment approval; or
(d) Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the im-provement fee is related.
(9) Reimbursement Fee. A fee for costs associated with capital improvements already constructed or under construction on the date the fee is established, for which the City deter-mines that capacity exists, pursuant to Section 8.525 of this ordinance.

(10) System Development Charge. A reimbursement fee, an improvement fee or a com-bination thereof assessed or collected at the time of issuance of a development permit or building permit, or at the time of connection to the capital improvement. “System development charge” includes that portion of a sewer or water system connection charge that is greater than the amount necessary to reimburse the City for its average cost of inspecting and installing connec-tions with water and sewer facilities. “System development charge” does not include fees as-sessed or collected as part of a local improvement district or a charge in lieu of a local improve-ment district assessment, or the cost of complying with requirements or conditions imposed by a land use decision.

8.515 System Development Charge Imposed; Method for Establishment Created.
(1) Unless otherwise exempted by the provisions of this ordinance or other local or state law, a system development charge is hereby imposed upon all development within the City, upon the act of making a connection to the City water or sewer system within the City, and upon all de-velopment outside the boundary of the City that connects to or otherwise uses the sewer or water facilities of the City.
(2) System development charges shall be established and may be revised by resolution of the City Council. The resolution shall set the amount of the charge, the type of permit to which the charge applies, the methodology used to set the amount of the charge and, if the charge applies to a geographic area smaller than the entire City, the geographic area subject to the charge.

8.520 Methodology.
(1) The methodology used to establish or modify the reimbursement fee shall, when applica-ble, be based on rate making principles employed to finance publicly owned capital improve-ments; prior contributions by then-existing system users, gifts or grants from federal or state gov-ernment or private persons; the value of unused capacity available to future system users or the cost of the existing facilities; and other relevant factors identified by the Council. The method-ology must promote the objective that future systems users shall contribute no more than an equi-table share of the cost of then-existing facilities.
(2) The methodology used to establish or modify the improvement fee shall demonstrate the consideration of the projected cost of capital improvements identified in the plan and list adopt-ed pursuant to Section 8.535 that are needed to increase the capacity of the systems to which the fee is related, and the need for increased capacity in the system to which the fee is related that will be required to serve the demands placed on the system by future users.
(3) The methodology used to establish or modify the improvement fee or the reimbursement fee shall be adopted by resolution. The SDC methodology shall be made available for public inspec-tion.

8.525 Authorized Expenditures.
(1) Reimbursement fees may be spent only on capital improvements associated with the systems for which the fees are assessed, including expenditures relating to repayment of indebtedness.
(2) Improvement fees may be spent only on capacity increasing capital improvements, including expenditures relating to repayment of debt for such improvements. An increase in system capaci-ty may be established if a capital improvement increases the level of performance or service pro-vided by existing facilities or provides new facilities. The portion of the improvements funded by improvement fees must be related to the need for increased capacity to provide services for future users.
(3) A capital improvement being funded wholly or in part from system development charge rev-enues shall be included in the Systems Development Charge Funding Project Plan adopted by the City pursuant to Section 8.535 of this ordinance.

(4) Notwithstanding subsections 1, 2 and 3 of this section, system development charge revenues may be expended on the direct costs of complying with the provisions of this ordinance, includ-ing the costs of development system development charge methodologies and providing an annual accounting of system development charge expenditures.

8.530 Expenditure Restrictions.
(1) System development charges shall not be expended for costs associated with the con-struction of administrative office facilities that are more than an incidental part of other capital improvements.
(2) System development charges shall not be expended for costs of the operation or routine maintenance of capital improvements.

8.535 Project Plan.
Prior to the establishment of a system development charge, the Council shall adopt by resolution the Systems Development Charge Funds Project Plan. This Plan:
(1) Lists the capital improvements that the City intends to fund, in whole or in part, with im-provement fee revenues; and
(1) For each improvement, lists the estimated cost, timing, and percentage of costs eligible to be funded with improvement fee revenues.
In adopting this plan the City Council may incorporate by reference all or a portion of any public facilities plan, master plan, capital improvements plan or similar plan that contains the information required by this section. The City may modify this project plan at any time through the adoption of an appropriate resolution. There may be a separate plan for each system, or the plan may in-clude improvements from more than one system. If a system development charge will be in-creased by a proposed modification of the list to include a capacity-increasing capital improve-ment, notice shall be given as provided in Section 8.560.

8.540 Collection of Charge.
(1) The systems development charge is payable upon issuance of:
(a) A building permit;
(b) A development permit for development not requiring the issuance of a building permit;
(c) A permit to connect to the water system;
(d) A permit to connect to the sewer system; or
(e) A right-of-way access permit.
The resolution which sets the amount of the charge shall designate the permit or permits to which the charge applies.
(2) If development is commenced or connection is made to the water system, sewer system or storm sewer system without an appropriate permit, the system development charge is immediate-ly payable upon the earliest date that a permit was required.
(3) The City Council or the designee shall collect the applicable system development charge from the permittee.
(4) The City Council or the designee shall not issue such permit or allow connection until the charge has been paid in full, unless provision for installment payments has been made pursuant to Section 8.545 of this ordinance, or unless an exemption is granted pursuant to Section 8.550 of this ordinance.

8.545 Installment Payment.
(1) When a system development charge is due and payable, the permittee may apply for pay-ment in twenty (20) semi-annual installments, secured by a lien on the property upon which the development is to occur or to which the utility connection is to be made, to include interest on the unpaid balance, if that payment option is required to be made available to the permittee by ORS 223.207.
(2) The City Council or designee shall provide application forms for installment payments, which shall include a waiver of all rights to contest the validity of the lien, except for the correc-tion of computational errors.
(3) A permittee requesting installment payments shall have the burden of demonstrating the permittee’s authority to assent to the imposition of a lien on the property and that the interest of the permittee is adequate to secure payment of the lien.
(4) The City Council or designee shall docket the lien in the lien docket. From that time, the City shall have a lien upon the described parcel for the amount of the system development charge, together with interest on the unpaid balance at the rate established by the Council. The lien shall be enforceable in the manner provided in ORS Chapter 223, and shall be superior to all other liens pursuant to ORS 223.230.

8.550 Exemptions.
(1) Structures and uses established and existing on or before the effective date of the resolution which sets the amount of the system development charge are exempt from the charge, except wa-ter and sewer charges, to the extent of the structure or use existing on that date and to the extent of the parcel of land as it is constituted on that date. Structures and uses affected by this subsec-tion shall pay the water or sewer charges pursuant to the terms of this ordinance upon the receipt of a permit to connect to the water or sewer system.
(2) Additions to single-family dwellings that do not constitute the addition of a dwelling unit, as defined by the Building Code, are exempt from all portions of the system development charge.
An alteration, addition, replacement or change in use that does not increase the parcel’s or struc-ture’s use of a capital improvement are exempt from all portions of the system development charge.

8.555 Credits.
(1) When development occurs that is subject to a system development charge, the system devel-opment charge for the existing use, if applicable, shall be calculated and if it is less than the sys-tem development charge for the use that will result from the development, the difference be-tween the system development charge for the existing use and the system development charge for the proposed use shall be the system development charge. If the change in the use results in the system development charge for the proposed use being less than the system development charge for the existing use, no system development charge shall be required, however, no refund or credit shall be given unless provided for by another subsection of this section.
(2) A credit shall be given to the permittee for the cost of a qualified public improvement upon acceptance by the City of the improvement. The credit provided for in this subsection shall be only for the improvement fee charged for the type of improvement being constructed, and credit for qualified public improvements may be granted only for the cost of that portion of such im-provement that exceeds the City’s minimum standard facility size or capacity needed to serve the particular development project or property. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit under this subsection. The request for credit shall be filed in writing no later than 60 days after acceptance of the improvement by the City.
(3) When establishing a methodology for a system development charge, the City may provide for a credit against the improvement fee for capital improvements constructed as part of the de-velopment which reduce the development’s demand upon existing capital improvements and/or the need for future capital improvements, or a credit based upon any other rationale the Council finds reasonable.
(4) When the construction of a qualified public improvement gives rise to a credit amount greater than the improvement fee that would otherwise be levied against the project receiving develop-ment approval, the excess credit may be applied against improvement fees that accrue in subse-quent phases of the original development project. Credit shall not be transferable from one de-velopment to another.
(5) Credits shall not be transferable from one type of system development charge to another.
(6) Credits shall be used within 10 years from the date the credit is given.

8.560 Notice.
(1) Modification of System Development Charge Funds Project Plan:
(a) The City shall provide notice of the proposed modification to the persons who have requested notice, at least 30 days prior to the adoption of the modification.
(b) The City shall hold a public hearing if the City receives a written request for a hearing on the proposed modification within seven (7) days of the date of the proposed modi-fication is scheduled for adoption. A public hearing is not required if the City does not receive a written request for a hearing.
(c) The City's decision to modify the list may be judicially reviewed only as provided in ORS 34.010 to 34.100.
(2) SDC Methodology. The City shall maintain a list of persons who have made a written re-quest for notification prior to adoption or modification of a system development charge or meth-odology for any system development charge. Written notice shall be mailed to persons on the list at least 90 days prior to the first hearing to adopt or amend a system development charge, and the methodology supporting the adoption or amendment shall be available at least 60 days prior to the first hearing to adopt or amend. The failure of a person on the list to receive a notice that was mailed shall not invalidate the action of the City. The City may periodically delete names from the list, but at least 30 days prior to removing a name from the list must notify the persons whose name is to be deleted that a new written request for notification is required if the person wishes to remain on the notification list.
(3) A change in the amount of a reimbursement fee or improvement fee is not a modification of the system development methodology if the change in amount is based on:
(a) A change in the cost of materials, labor or real property applied to projects or project capacity as set forth on the list adopted pursuant to ORS 223.309; or
(b) The periodic application of one or more specific cost indexes or other periodic data sources. A specific cost index or periodic data source must be:
(i) A relevant measurement of the average change in prices or costs over an identified time period for materials, labor, real property, or a combination of the three;
(ii) Published by a recognized organization or agency that produces the index or data source for reasons that are independent of the system development charge methodolo-gy; and
(iii) Incorporated as part of the established methodology or identified and adopted in a separate ordinance, resolution or order.

8.565 Segregation and Use of Revenue.
(1) All funds derived from a particular type of system development charge are to be segregated by accounting practices from all other funds by the City. That portion of the system develop-ment charge calculated and collected on account of a specific facility system shall be used for no purpose other than those set forth in this ordinance.
(2) The City Council shall provide an annual accounting, to be completed by January 1 of each year, of system development charges showing the total amount of system development charge revenues collected for each type of charge and the projects funded from each account in the pre-vious fiscal year. The annual accounting shall include a list of the amount spent on each project funded, in whole or in part, with system development charge revenues, and the amount of such revenues attributed to the costs described in Section 8.525(4).

8.570 Appeal Procedure.
(1) A person aggrieved by a decision required or permitted to be made by the City Council un-der this ordinance or a person challenging the propriety of an expenditure of system development charge revenues may appeal the decision or the expenditure to the City Council by filing a writ-ten request with the City Council describing with particularity the decision of the City Council or the expenditure from which the person appeals.
(2) An appeal of an expenditure must be filed within two years of the date of the alleged im-proper expenditure. Appeals of any other decision must be filed within thirty (30) days of the date of the decision.
(3) The Council shall determine whether the City Council’s decision or the expenditure is in ac-cordance with this ordinance and the provisions of ORS 223.297 to 223.314 and may affirm, modify, or overrule the decisions.
If the Council determines that there has been an improper expenditure of system development charge revenues, the Council shall direct that a sum equal to the misspent amount shall be depos-ited within one year of the date of that determination to the credit of the account or fund from which it was spent. The final decision of the Council shall be reviewed only as provided in ORS 34.010 to 34.100 and not otherwise.

(4) A legal action challenging the methodology adopted by the Council pursuant to Sections 8.515 and 8.520 of this ordinance shall not be filed later than sixty (60) days after the adoption. A person shall contest the methodology used for calculating a system development charge only as provided in ORS 34.010 to 34.100, and not otherwise.

8.575 Prohibited Connection.
No person may connect to the water or sewer systems of the City unless the appropriate system development charge has been paid.

8.580 Penalty.
Violation of sections 8.500 to 8.595 is a Class A violation punishable by a fine not to exceed $500.
[Amended by Ord. 612 on Dec. 10, 2010]

8.585 Construction.
The rules of statutory construction contained in ORS Chapter 174 are adopted and by this refer-ence made a part of this ordinance.

8.590 Severability.
The invalidity of a section or subsection of this ordinance shall not affect the validity of the re-maining sections or subsections.

8.595 Classification.
The City Council determines that any fees, rates or charges imposed by this ordinance are not a tax subject to the property tax limitations of Article XI, Section 11(b) of the Oregon Constitu-tion.
[Sections 8.500-8.595 added by Ordinance 571 on June 10, 2004]