A. General: There is established a code enforcement section which shall be under the administrative operational control of the Building Official. The Building Official is authorized to enforce all the provisions of this chapter and the Malheur County Building Code. The Building Official shall have the power to render written and oral interpretations of this chapter and to adopt and enforce administrative procedures in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this chapter and the Malheur County Building Code.
B. Deputies: With the approval of the Malheur County Court, the Building Official may appoint technical officers and inspectors and other employees or agents to carry out the functions of the code enforcement section of this chapter and the Malheur County Building Code.
C. Right of Entry: When it may be necessary to inspect to enforce the provisions of this chapter and the Malheur County Building 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 or in violation of this chapter or the Malheur County Building Code, or 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 chapter and the Malheur County Building Code, provided that, if such building or premises be occupied, 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 recourse to the remedies provided by the Oregon Revised Statutes to secure entry.
D. Corrections And Stop Orders: When any work is being done contrary to the provisions of the specialty codes, this chapter, the Malheur County Building Code or other pertinent laws or ordinances, the Building Official may order the work corrected or stopped by notice in writing served on any persons engaged in the doing or causing such work to be done. Such persons shall specifically make the necessary corrections or stop work until authorized by the Building Official to proceed with work.
E. Authority To Disconnect Utilities: The Building Official or the Building Official’s authorized representative 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 chapter 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 immediately thereafter.
F. Authority To Abate Hazardous Equipment: When the Building Official ascertains that any equipment, or portion thereof, regulated by this chapter has become hazardous to life, health or property, the Building Official shall order that the equipment either be removed from its location, and/or restored to a safe or sanitary condition, as appropriate. The notice shall be in writing and contain a fixed time limit for compliance. Persons shall not use or maintain defective equipment after receiving a notice.
When equipment or installation is to be disconnected, written notice of the disconnection (and causes thereof) shall be given within twenty four (24) hours to the involved utility, the owner and/or occupant of the building, structure or premises. When equipment is maintained in violation of this chapter and in violation of a notice issued pursuant to the provisions of this Section, the Building Official may institute such action as is deemed necessary to prevent, restrain, correct or abate the violation.
G. Connection After Order To Disconnect: Persons shall not make connections from any electrical service or fuel-gas utility service nor supply electrical power to any equipment regulated by this Section which has been disconnected or ordered to be disconnected by the Building Official until the proper permits have been obtained, inspections approved, and the Building Official authorizes the reconnection and use of such equipment.
H. Maintenance: All buildings, 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 chapter 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 building and structures. To determine compliance with this section, the Building Official may cause a structure to be re-inspected.
I. Occupancy Violations: Whenever any building, structure or equipment regulated by this chapter is used contrary to the provisions of this chapter, 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 chapter.
J. The authority of the Building Official above is in addition to any authority given the Building Official by the State Building Codes Divisions, State boards, specialty codes, Oregon Revised Statutes or Oregon Administrative Rules. (Ord. 106, 6-25-1996, eff. 7-1-1996; amd. Ord. 224, 4-1-2020)