Chapter 8

 

BUILDING

 

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 standards providing 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.

 

8.015   Scope.This code shall apply to the construction, alternation, moving, demolition, repair, maintenance and work associated with any building or structure except those located in a public way. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall control.

 

8.020   Definitions.  For the purpose of the code, the following definition shall apply:

Building Official is the city administrator who is the duly appointed officer or other designated authority charged with the administration and enforcement of this code, and includes the building official’s duly authorized deputies, officers, and inspectors.

 

8.025   Alternate Materials and Methods. The provisions of this code are not intended to prevent the use of any alternate material, design or method of construction not specifically prescribed 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 that is, for the purpose intended, at least the equivalent of that prescribed in this 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.

 

8.030   Modifications. When there are practical difficulties in carrying out the provisions of this code, the building official may grant modifications provided the building official finds the modification is in conformance with the intent and purpose of this bode and that said modification does not lessen any fire-protection requirements nor the structural integrity of the building involved. Any action granting modification shall be recorded in the files.

 

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 procedures. 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 Powers and Duties of Building Official.

(1) Building Official.  The building official is authorized 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 to adopt and enforce administrative procedures in order to clarify the application of its provisions.
(2) 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.
(3) 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.
(4) 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, 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.
(5) 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.
(6) Authority to Impose Administrative Civil Penalty.
(a)  Upon a determination by the building official that any person, firm, corporation or other entity however organized has violated a provision of this chapter or a rule adopted thereunder, 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 required correction has not been completed by the date or time specified in the order, the building official may issue a notice of civil violation and impose an administrative civil penalty to each responsible persons to whom 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 order to correct violation or made attempts to secure voluntary correction where the building official determines that the violation was knowing or intentional or a repeat of a similar violation.
(f)  In imposing an administrative civil penalty authorized by this section, the building official shall consider:
1.  The person's past history in taking all feasible steps or procedures necessary or appropriate to correct the violation;
2.  Any prior violations of statutes, rules, orders, and permits;
3.  The gravity and magnitude of the violation;
4.  Whether the violation was repeated or continuous;
5.  Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act;
6.  The violator's cooperativeness and efforts to correct the violation; and
7.  Any relevant rule of the building official.
(g)  Any notice of a civil violation that imposes an administrative civil penalty under this section shall either be served by personal service or shall be sent by registered or certified mail and by first class mail.  Any such notice served by mail shall be deemed received for purposes of any time computations hereunder three days after the date mailed if to an address within this state, and seven days after the date mailed if to an address outside this state.  Every notice shall include:
1.  Reference to the particular code provision or rule involved;
2.  A short and plain statement of the matters asserted or charged;
3.  A statement of the amount of the penalty or penalties imposed;
4.  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
5.  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 mist be filed.
(h)  Any person, firm, corporation or other entity however organized who is issued a notice of civil penalty may appeal the penalty to the board of appeals.  The provisions of Section 8.045(3) of this code shall govern any requested appeal.
(i)  A civil penalty imposed hereunder shall become final upon expiration of the time for filing an appeal, unless the responsible person appeals the penalty to the board of appeals, pursuant to, and within the time limits established by, Section 8.045(3).
(j)  Each day the violator fails to remedy the code violation shall constitute a separate violation.
(k)  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.
(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, whenever 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 disconnection 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 issued 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 disconnected or ordered disconnected or discontinued by the building official until the building official specifically authorized the reconnection and/or use of such equipment.
(10) 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.
(11) Occupancy Violations. Whenever any building, structure or equipment therein regulated by this code is used contrary to the provisions of this code, 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.

[Amended by Ord 607 on March 11, 2010]

 

8.045 Appeals.

(1) Board of Appeals.  In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this 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 provisions of this code nor shall the board be empowered to waive requirements imposed by this code.
(2) 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.
(3) Appeal Procedure for Appeals of Imposition of Administrative Civil Penalty.
(a)  A person, firm, corporation or other entity however organized aggrieved by an imposition of an administrative civil penalty by the building official within 15 days after the date of notice of the action, appeal in writing to the board of appeals.  The written appeal shall be accompanied by an appeal fee and shall include:
(1)  The name and address of the appellant;
(2)  The nature of the determination being appealed;
(3)  The reason the determination is incorrect; and
(4)  What the correct determination of the appeal should be.
If a person, firm, corporation or other entity however organized appeals the imposition of an administrative 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.  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.
(b)  If a notice of revocation of a license or permit is the subject of the appeal, the revocation 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 notice of suspension.
(c)  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.
(d)  The board of appeals shall hear and determine the appeal on the basis of the appellant'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.
(e)  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.
(f)  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 frivolous.
(g)  Failure to pay a penalty imposed hereunder within ten (10) days after the penalty becomes final as provided in subsection (a) shall constitute a violation of this code.  Each day the penalty is not paid shall constitute a separate violation.  The building official is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by Section 8.100(2), other provisions of this code, or state statutes.

[Amended by Ord 607 on March 11, 2010]

 

8.050   Plans and Permits.

(1)        Issuance.  The application, plans, specifications, computations and other data filed by an applicant for a permit shall be reviewed by the building official. Such plans may be reviewed by other Lafayette departments to verify compliance with any applicable laws under their jurisdiction. If the building 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. When the building official issues the permit where plans are required, the building official shall enforce in writing or stamp the plans and specifications 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. 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 approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. 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 of not less than 90 days from date of completion of the work covered therein, 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 progress.
(3)        Validity of Permit.  The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction or any other 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 thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing 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 exceeding 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 resubmit 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. EXCEPTION:    
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 required 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:
(a)        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.
(b)        No changes have been made or will be made in the original plans and specifications for such work.
(c )       The original permit expired less than one year from the request to reinstate.
The fee for a reinstated permit shall be one-half the amount required for a new permit. Where the request for reinstatement does not comply with the preceding criteria, a new permit, at full permit fees, shall be required.
(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 investigation shall be made before a permit may be issued for such work. An investigation fee, in addition 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 other provisions of this code nor from any penalty prescribed 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.
(9)        Inspections.  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. The permit holder shall not proceed with construction activity until authorized to do so by the building official. 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 replace any material requested for proper inspection shall be the responsibility of the permit holder or his agent. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available an inspection record card such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained available by the permit holder under final approval has been granted by the building official.

 

BUILDING CODE STANDARDS

 

8.055   Structural code

(1)        Enforcement of State Code. The 2004 Oregon Structural Specialty Code, as adopted by OAR Chapter 918, Division 460, including Oregon Amendments, is adopted.
(2)        Excavation and Grading/Erosion Control.  Appendix J of the International Building Code, 2003 Edition with Oregon Amendment, is adopted as part of this code.

 

8.060   Mechanical Code. 

(1)        Enforcement of state code.   The 2004 Oregon Mechanical Specialty Code, as adopted by OAR Chapter 918, Division 440, including Oregon amendments, is adopted.

           

8.065   Plumbing Code. 

(1)        Enforcement of State Code.  The Plumbing Specialty Code, as adopted by OAR Chapter 918, Division 750, including Oregon amendments, is adopted.

 

8.070   One and Two Family Dwelling Code.

(1)        Enforcement of State Code. The Oregon 2003 One and Two Family Dwelling Specialty Code, as adopted by OAR Chapter 918, Division 480, including Oregon Amendments, is adopted.

 

8.075   Manufactured Home Installations.

(1)        Enforcement of State Rules. The standards for manufactured dwellings, as adopted by OAR 918-500-0010 through 918-500-0055 and OAR Chapter 918, Division 520, are adopted.

 

8.080   Recreational Park and Organizational Camp Regulations.

(1)        Enforcement of State Rules. The Recreational Park and Organizational Camps rules adopted by OAR Chapter 918, Division 650, are adopted.

[Sections 8.055-8.080 amended by Ordinance 576 on June 9, 2005]

 

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 buildings 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 building 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 abated 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 adopted by the city of Lafayette. As an alternative, the building official, or another employee or official of the city of Lafayette, as designated by the governing body, may institute any other appropriate 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.  Fees charged under this code shall be as follows:  Those fees adopted by Yamhill County or, when and if the city of Lafayette assumes responsibility for the enforcement o of the requirements of this chapter, the fees adopted by city resolution.  The building official may authorize the refunding of fees paid in accordance with the refund policy in effect in the jurisdiction. 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.

 

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, upon conviction thereof, be punished by a fine be subject to an administrative civil penalty not to exceed $1,000 per violation.  Each day that a violation exists is a separate offense.
(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 real 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 assessment is made, the building official shall notify the responsible person that the penalty has been assessed against the real property upon which the violation occurred and has been entered in the city 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 607 on March 11, 2010]

 

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 hereinabove 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   Code Adopted.  The 2003 edition of the International Fire Code, as adopted by OAR 837-040-0010, including Oregon exclusions and amendments adopted by OAR Chapter 837, Division 40, is adopted.

[Amended by Ordinance 576 on June 9, 2005]

 

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.

 

8.177   Officers.

(1)        The chief and assistant chief of the fire department shall be elected annually by the membership of the fire department, and submitted to the city council  or approval at its first regular session in February.  In the event that the membership of the fire department and city council cannot agree on the individuals to be chief and assistant chief, the city council shall appoint the chief and assistant chief.  The city council retains the authority to replace the individuals serving as chief and assistant chief by appointment during the year.
(2)        The fire chief 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.
(3)        The assistant chief shall perform the duties of chief when the chief cannot perform them.
(4)        Regulations pertaining to operation of the fire department shall be adopted by city council in the form of resolutions.

 

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. It is unlawful for any person, firm or corporation to move any building or structure upon, over, or along with any public street, alley or highway within the city without first obtaining a permit from the city engineer. The provisions of sections 8.200 to 8.255 shall not apply to the moving or hauling of any building or structure loaded upon a truck when such building or structure is of a size and weight not exceeding the maximum width, length, height, or weight of a truck load that may be lawfully moved over a public highway without a special permit from the Oregon Department of Transportation or any other public authority.

 

8.205   Building Classes.  For the purpose of sections 8.200 to 8.255, buildings and structures to which the provisions herein are applicable shall be separated into three classes, namely:

(1)  Class One.  Frame buildings only, having an overall width not exceeding 14 feet and an overall length not exceeding 22 feet, when moved as a load upon a motor truck;
(2)  Class Two.  Frame build­ings only, having an overall width at least two feet less than the width of the most nar­row street, measured from curb to curb, along the route over which any such build­ing or structure is to be moved, the mov­ing of which will be done on pneumatic dollies; and
(3)  Class Three.  All build­ings or structures for the moving of which a permit is required, and not included in Clas­ses One and Two, having an overall width of at least two feet less than the width of the most narrow street, measured from curb to curb, along the route over which any such build­ing or structure is to be moved.

 

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 at the office of the city engi­neer upon a form pro­vided by the engineer.  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 city engineer may deem neces­sary.
(2)  Where the building is to be moved outside of the corporate limits of the city the information required by subsections (1)(e) and (1)(f) of this section need not be given.
(3)  Except as to Class One build­ings, less than fourteen feet in height, there shall be attached to the application signed written statements from each person, firm, or corpora­tion owning or operating any public utility maintaining any wires, conduits, cables, poles, or other appliances, or ap­purtenances thereto, along, over, or across any street, alley, or highway along the route over which the building or struc­ture is to be moved by or for the applicant, which state­ments shall state or set forth that the mov­ing of such building will not molest, dam­age, or interfere with, or interrupt the ser­vice of, any such wires, con­duits, cables, poles, or other appliances, or appurtenances or that the applicant has made appropriate arrangements for clearing the same at the time the building is to be moved.
(4)  Any such application shall also contain a statement or agreement to the effect that the applicant will not damage any real or personal property upon, along, or adjacent to any street, alley, or highway while moving any building and that in case any damage is so caused, that the applicant will pay therefor.
(5)  The application for the moving of a building shall be accompanied by plans and specifications drawn upon sub­stantial paper which shall indicate the nature and extent of the exterior work proposed in con­nection with the reloca­tion and reestablish­ment of the building, and such other data as may be required by the city engineer. 

 

8.215   Application Approval.  No permit shall be issued by the city engineer until the application therefor is approved by the chief of police, the building inspector, the city engineer, and, in case of Class Three buildings, and houses or buildings of any class moved within or into the most restricted residential district as such districts are class­ified by the Lafayette zoning ordi­nance, by the city council, and will not then unless the person, firm, or corporation who will move the building has furnished a bond or insurance as provided in sections 8.100 to 8.155.

 

8.220   Safety Considerations.  The chief of police shall consider the pro­bable effect of the proposed moving on the public safe­ty, and he shall not approve the appli­ca­tion for moving permit except where such moving will not jeopardize the public safety and the route proposed to be fol­lowed is the one least dangerous to the citizens of the city and the general public.

 

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.

 

8.230   Engineering Considerations.  The city engi­neer, before approving an ap­plica­tion for a permit to move any build­ing or structure, shall determine the size and di­men­sions of the building, and shall not ap­prove an application for the moving of any building of a greater size than per­mitted under sections 8.100 to 8.155.  The city engineer shall further determine that the mover has safe and sufficient equip­ment and facilities for moving the building or stru­cture within the time allowed by the engi­neer for such mov­ing, and that the mov­er has suffi­cient and adequate barricades, lights, flags and per­sonnel for warning the public both day and night, and for the safe direction of traffic and that the streets and the bridges in the streets, along the route to be traversed by the moving are of sufficient width and strength and in condition to bear the mov­ing of the build­ing or structure de­scribed in the application, and that such moving will not endanger any trees, shrubs, or improve­ments in, upon, or adjacent to any street.  In addi­tion to the matters in this section enum­erated, the engineer shall re­quire com­pliance of all provisions of sec­tions 8.100 to 8.155 which are a prere­quisite to the gra­nting of a moving permit.

 

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 attorney as follows:

(1)  For the moving of a building or structure in Classes One, Two or Three as hereinabove set forth, the mover shall fur­nish a certificate of public liability insurance with the following coverage limits:  $500,00­0 property damage, $100,000 personal injury for any one person, and $500,000 per­sonal in­jury for any one occurrence.  Said certifi­cate shall provide that the mover shall be responsible for any injuries or for the death of any person or persons and any damage to any property or any person, and dam­ages to streets, brid­ges, and other pub­lic property owned or maintained by the city, or any other public corporation, on account or by reason of any of the opera­tions of the mover while en­gaged in the mov­ing of any building or stru­cture, including injuries or dam­ages occa­sioned by the falling or col­lapsing of, or the weight of, or collisions with any such build­ing or structure.
(2)  Before issuing any permit, the city administrator shall also require the owner of the building to provide a bond or cash se­curity in an amount approved by the city engineer to be filed in the office of the city administrator, and to be conditioned that in the relocation and the rees­tablishment of any building that is moved, the principal will make and com­plete such relocation and reestablish­ment in ac­cordance with the plans and speci­fica­tions submitted with the application, as provided in section 8.110, and in sub­stantial ac­cordance with the regu­lations and provi­sions contained in sections 8.100 to 8.155 or any other ordinance of the city, and that in case the principal fails to do so, make and com­plete such relocation and reestab­lish­ment, then the surety upon such bond will be liable to the city and have cash secu­r­ity to be deposited in lieu of a surety bond, then the council may forfeit all or a portion of such deposit in case the appli­cant or owner of the building fails to com­plete the reloca­tion there­of in accor­dance with the plans and specifica­tions set forth.

 

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 himself, 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.

 

8.245   Presence of Engineer.  The city engineer, or his deputy or such inspec­tor or inspectors as the engineer may desig­nate, shall be present and about any build­ing or structure being moved at all times the same is within any street.

 

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 8.100 to 8.155, the applicant shall pay per­mit fees in a an amount set by coun­cil reso­lution.

 

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 desig­nated 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 condi­tion 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 per­son 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 ac­cord 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 subdivision in conformity with the Street Tree Plan for the area.  All such planting shall be done in accordance with the plant­ing specifi­cations governing the placement of street trees as provided by the Parks and Recre­ation Department.  All trees shall be planted during the first planting season after occu­pancy.
(2)  The cost of street trees shall be paid by the developer of the subdivision based upon the number of street trees re­quired 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 es­tablished by the city, shall be based upon the city's estimate or the total of the follow­ing:
(a)  The cost of the tree;
(b)  Labor and equipment for original placement;
(c)  Regular maintenance nec­essary 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 es­tablished 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 com­ply with the street tree planting plan and stan­dards.

 

8.435   Protection of Street Trees.

(1)  It shall be unlawful for any per­son 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 stru­cture without a good and sufficient guard or protector as to prevent injury to such tree arising out of, or by reason of such erec­tion, repair, alteration or removal.

 

8.440   Permit Requirements and Condi­tions.  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 applica­tion 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 re­quired by the city administrator.  Any work done under such written permit must be per­formed in strict accordance with the terms and provi­sions of this ordi­nance.  In issuing or deny­ing 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) Prun­ing Standards for Shade Trees.  A current copy of said standards shall be available for review at the parks and recreation depart­ment.
(2)  Street trees or trees on private grounds and having branches projecting into the street shall be pruned by the own­ers of the property upon which the trees are grow­ing and shall be done according to the re­quirements 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 ele­vation 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 desig­nated 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 specifica­tions shall be deemed to present an unrea­sonable 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 obli­gation of the property owner(s).
(5)  Whenever the owner or own­ers, 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 declared a nui­sance pur­suant 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 nui­sance abatement provisions of sections 5.400 to 5.530 shall be followed for the col­lection of costs incurred by the city in abat­ing the nuisance.
(6)  The city administrator may prune and maintain, or cause to be pruned and main­tained, 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 per­mit, 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 per­son, firm, or city department to top any street tree, park tree, or other tree on public pro­perty.  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 remove the normal canopy and disfigure the tree.  Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from sec­tions 8.400 to 8.495 by the city administrator.
(9)  It shall be unlawful for any per­son to engage in the business occupa­tion or profession of tree pruning within the corpor­ate limits of the city of Lafayette without first obtaining a business license therefore as provided in sections 7.000 to 7.080 of this code.
(10)  If sections 8.400 to 8.495 im­pose an undue hardship on an individual property owner, 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 in­fested with a disease or insects or is, in the opinion of the city administrator, infectious and may spread such disease or insects to oth­er trees in the city, the manager may re­move or treat the tree or cause same to be removed or treated.  Such removal or treat­ment shall be the responsibility of the prop­erty 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 because of age, disease or other debilitating cause, death, insecure root sys­tem, or any other condition which, in the opinion of the city administrator, causes its contin­ued existence to be detrimental to the pub­lic 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 per­son, without a prior written permit from the city administrator, to remove, destroy, cut, break or injure any street tree, or to remove, except as provided in sections 8.400 to 8.495 any street tree that is planted or grow­ing in or upon any street, or cause or autho­rize or procure any person to do so; or injure, mis­use or remove any device set for the protec­tion of any street tree in or upon any street.
(2)  The approval of a street tree removal by the city administrator may be condi­tioned 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 contain such condition along with a time frame for compliance.  Costs of re­placement are the responsibility of the prop­erty owner.
(3)  The provisions of this section apply to all zones and uses on private prop­erty within the city limits of Lafayette, un­less excepted by subsection (4) of this sec­tion.
(4)  The following activities do not require a tree-cutting permit under the provi­sions of this section:
(a)  In case of an emergency caused by a tree being in a hazard­ous or dangerous condition threat­ening 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 offi­cer or employee, or of any public utility necessary to remove or allev­iate an immediate danger to life or property, to restore or protect utility service, or to reopen a public thor­oughfare to traffic.
(c)  The felling or removing of trees that are nuisances under sec­tion 5.465 of this code.
(d)  Felling or removing of trees that are interfering with sewer ser­vice.
(e)  Felling or removing of trees that obstruct the view at an intersec­tion contrary to require­ments con­tained in chapter 42 of the Com­mun­ity Development code.
(f)  The felling of trees on a sin­gle 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 law­fully present and which may be law­fully 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 prop­erty 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 ap­proved preliminary plat and grad­ing plan.
(j)  The felling of trees within the building envelope including drive­ways for individual lots with an ap­proved building permit.  In order to avoid delay, prior to issuing an ap­proved building permit, the De­part­ment of Planning and Develop­ment may approve a preliminary site plan for purposes of tree re­moval only.
(k)  Harvesting of Christmas trees on land used solely for the production of cultured Christmas trees as defined in ORS 215.203(3).
(l)  The felling of trees consis­tent with any approved site plan or condi­tions which allow for the re­moval 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 owner or authorized agent, and shall be accompanied by the appropriate fee.  In the event this section imposes a hard­ship on an individual property own­er, 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 in­clude a map of the parcel indicat­ing the species or other description of the trees proposed for removal and their location.  The map may be accom­panied by a narrative which explains the reason or rea­sons why the own­er or owner's agent wishes to fell the trees.  The map shall include suffi­cient informa­tion to adequately re­view the pro­posed tree removal in­cluding an indication of the tree removal rela­tive to property lines, structures, other trees on the site and other features of the property and adjoin­ing 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 conditions, danger of fall­ing, proximity to existing struc­tures or proposed construction, or interfer­ence with utility services or pedes­trian or vehicular traffic safe­ty;
(b)  The topography of the land and the effect of tree removal on erosion, soil retention, stability of earth, character of surface wa­ters and streams, and protection of nearby trees and wind breaks.
(c)  The necessity to remove trees in order to construct pro­posed improvements, or to other­wise utilize the applicant's property in a reason­able manner.
(d)  The adequacy of the appli­cant's proposals, if any, to plant new trees to be felled.
(e)  That the felling or removal would be compatible with generally accepted practices of horticulture, silvaculture, or landscape architec­ture.
(f)  The felling or removal is within the guidelines set forth in the Field Guide to Oregon Forestry Prac­tices Rules, published by the Oregon Department of Forestry, as they ap­ply to the Northwest Oregon region.
(g)  That the felling or removal of trees is a right preserved in a timber deed or reservation held by a party other than the property owner.
(h)  The trees have been grown for the purpose of harvest­ing.  Evi­dence of this purpose in­cludes but is not limited to evi­dence which shows that the trees are:
(i)  Grown or growing on land which has been prepared by intensive cultivation meth­ods and which is cleared of compet­ing vegetation; and,
(j)  Harvested on a rotat­ing cycle; and,
(k)  Subject to agricultural practices such as fertilization, insect and disease control, culti­vation 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 administrator.  No future permits or ap­provals for any use of the subject proper­ty shall be granted without compliance with the plan.  Appeal of the replacement plan and its conditions shall be directed to the city coun­cil.

 

8.460   Stumps.  In addition to the standards of the National Arborist Asso­ciation, the following regulations are hereby estab­lished 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 follow­ing review of a nomination form submitted by a citizen and accepted by the property owner.  Criteria for heritage 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 Department 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 thereafter be main­tained 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 com­plete 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 Penal­ties.  Any violation of the terms of sections 8.400 to 8.495, its plan or con­di­tions 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 condi­tions of approval, is a new offense.  In addi­tion, 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 al­lowed by law.  Upon discovery of a viola­tion, the city administrator shall notify the violator of the pro­cess available for voluntary compli­ance and the penalty provi­sions of sections 8.400 to 8.495.  The city administrator shall offer the violator an opportunity to enter into a volun­tary compliance agreement.  If the violator fails to enter a voluntary com­pliance agree­ment, the violator shall be sub­ject to the pen­alties and procedures of sections 8.400 to 8.495.

[Amended by Ord. 612 on Dec. 10, 2010]

 (1)  Tree Removal.
(a)  Voluntary compliance pro­cess. A voluntary compliance agre­ement shall contain 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 calcu­lated based upon staff time devoted to investigation of the violation and review and ap­pro­val of the voluntary compli­ance agreement and related compli­ance inspections.
(b)  Penalties.  Any person, firm, or corpora­tion causing the illegal removal of a tree who does not enter into a voluntary compli­ance agree­ment may upon convic­tion be fined a sum not less than $5000 or not to exceed the equiva­lent of 3 time the appraised value of the tree based on the latest revi­sion of the Council of Tree and Landscape Appraisers evaluation method plus cost of pros­ecution including attorney's fees for each tree removed.
(2)  Street Tree Removal.
(a)  Voluntary compliance pro­cess.  A voluntary compliance agre­ement shall contain the following:
i.  A commitment by the violator to submit and carry out a street 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 calcu­lated based upon staff time devoted to investigation of the violation and review and ap­pro­val of the voluntary compli­ance agreement and related compli­ance 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 conviction be fined a sum not ex­ceeding the re­placement value of the street tree as determined in accordance with the latest revision of the Council of Tree and Land­scape Appraisers evalua­tion meth­od plus cost of prosecution includ­ing attorney's fees.
(3)  Violation of Any Other Provi­sion of This Ordinance.
(a)  Voluntary compliance pro­cess.  A voluntary compliance agre­ement shall contain 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 cal­culated based upon staff time devoted to investigation of the violation and review and ap­pro­val of the voluntary compli­ance agreement and related compli­ance 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 ex­ceeding $500 for each violation of this ordinance plus cost of prose­cution including attor­ney's fees.

 

8.475   Nuisances--Abatement Proce­dures.      In addition to the proce­dures for en­forcement set forth within this code, the city administrator, in enforcing the provi­sions of sec­tions 8.400 to 8.495, may pro­ceed against the property on which, or in front of which, a tree is locat­ed and found to consti­tute a nuisance as set forth under the ordi­nances and code of the city.

 

8.480   Liability.  Nothing in sections 8.400 to 8.495 shall relieve the owner or occu­pant 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 con­dition so as not to be hazardous to public travel nor to relieve said property owner of the obliga­tion 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 prop­erty owner of liability to persons injured or otherwise dam­aged by reason of the prop­erty owner's failure to keep his private prop­erty, side­walks, 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, includ­ing but not limited to common-law liability, that it might otherwise incur to an injured party as a result of the city's negli­gent fail­ure 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 reason of the owner's negligence in fail­ing to trim trees or to remove any growth which creates an unreasonable risk of harm to persons or property.  Said property own­er(s) shall be liable to the city of Lafayette for any amounts which may be paid or in­curred by the city by reason of all claims, judgment or settlement, and for all reason­able costs of defense, including investiga­tion costs and attorney fees, by reason of said property owner's failure to satisfy the obligations imposed by sections 8.400 to 8.495 to trim trees or to remove any growth which cre­ates an unrea­sonable risk of harm to per­sons 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 writ­ing within 10 calendar days thereafter.  The city council shall proceed to hear and deter­mine the appeal, based upon information 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 reviewed by the plan­ning com­mission 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 resolu­tion of the city council and may be amended from time to time.  The city coun­cil determines that the fees and costs im­posed by this ordinance are not a tax sub­ject 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 development 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 condition 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 recorded 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 spaces 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 ordinance; and either,
(c)    Not located on or contiguous to a parcel of land that is the subject of the development 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 improvement 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 determines that capacity exists, pursuant to Section 8.525 of this ordinance.
(10) System Development Charge.  A reimbursement fee, an improvement fee or a combination 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 connections with water and sewer facilities.  “System development charge” does not include fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement 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 development 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 applicable, be based on rate making principles employed to finance publicly owned capital improvements; prior contributions by then-existing system users, gifts or grants from federal or state government 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 methodology must promote the objective that future systems users shall contribute no more than an equitable 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 adopted 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 inspection.

 

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 capacity may be established if a capital improvement increases the level of performance or service provided 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 revenues 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, including 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 construction 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 improvement fee revenues; and
(2)  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 include improvements from more than one system.  If a system development charge will be increased by a proposed modification of the list to include a capacity-increasing capital improvement, 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 immediately 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 payment 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 correction 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 water 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 subsection 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 structure’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 development charge for the existing use, if applicable, shall be calculated and if it is less than the system development charge for the use that will result from the development, the difference between 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 improvement 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 development 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 development approval, the excess credit may be applied against improvement fees that accrue in subsequent phases of the original development project.  Credit shall not be transferable from one development 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 modification 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 request for notification prior to adoption or modification of a system development charge or methodology 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 methodology; 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 development 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 previous 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 under 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 written 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 improper 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 accordance 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 deposited 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 reference 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 remaining 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 Constitution.

[Sections 8.500-8.595 added by Ordinance 571 on June 10, 2004]