CHAPTER 1
SCOPE AND APPLICATION
PART 1 - SCOPE AND APPLICATION
SECTION 101 GENERAL
101.1 Title. These regulations shall be known as the International Property Maintenance Code of City of Nyssa, hereinafter referred to as "this code" or "IPMC".
101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner's authorized agent, operators and occupants; the existing structures and premises and for administration, enforcement and penalties.
101.3 Exclusions. Nothing in this code shall supersede nor affect the application of the provisions of the Oregon Residential Landlord and Tenant law, ORS Chapter 90, as it may from time to time be amended. This ordinance does not authorize enforcement or application of ORS Chapter 90.
101.4 Abatement Remedies. Violation of this code may be abated by City pursuant to, but not limited to the remedies set out in this Ordinance and other applicable ordinances, as well as the provisions of Oregon law, including, but not limited to ORS 18.995 and 105.445, as all of those provisions may be amended from time to time.
101.5 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
101.6 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
SECTION 102 APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. An owner, owner's authorized agent, operator or occupant shall not cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's authorized agent shall be responsible for the maintenance of buildings, structures and premises.
102.3 Application of other codes. Repairs, additions or alterations to structure, changes of occupancy and all other work regulated by the IPMC shall be done in accordance with the procedures and provisions of the Oregon State Building Code and all Specialty Codes contained therein. Nothing in this code shall be construed to cancel, modify or set aside any provision of State law and administrative rules, or the Nyssa Development Code.
102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and insanitary.
102.5 Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
102.6 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
102.7 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official.
102.8 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
102.9 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
PART 2 - ADMINISTRATION AND ENFORCEMENT
SECTION 103
RESPONSIBILITIES FOR PROPERTY MAINTENANCE INSPECTION
103.1 General. Property maintenance inspection is hereby the responsibility of the City Manager or a person appointed by the City Manager. The executive official in charge thereof shall be known as the code official.
103.2 Appointment. The code official shall be the City Manager or the person appointed by the City Manager.
103.3 The code official shall have the authority to delegate powers to other city personnel.
103.4 Liability. The provisions and protections of the Oregon Tort claims Act, ORS 30.265 et.seq. shall apply to all city officials, agents and employees charged with the enforcement of the IPMC. The IPMC shall not be construed to relieve from or lessen the responsibility of any non-city agent or employees, including, but not limited to any owner, owner's agent, builder, contractor, agent or employee of any builder or contractor, or any person owning, operating or controlling any building, structure or premises, for any damages to persons or property caused by defects or violations of this code, nor shall the code enforcement agency or the city be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.
103.5 Fees. The fees for activities and services performed by the code official and its delegates in carrying out its responsibilities under this code shall be included in the City Administrative Fee Schedule. Fees imposed hereunder may become a lien against property in accordance with the notice and perfection requirements proscribed in Section 107.
SECTION 104
DUTIES AND POWERS OF THE CODE OFFICIAL
104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
104.2 Inspections. The code official shall make all of the required inspections or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority.
104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner's authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.
104.3.1 Inspection warrant. The building official may apply to any court of jurisdiction for an Inspection Warrant when there is reasonable cause to believe that there exists a premises or condition which is in violation of this code.
104.4 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
104.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code.
104.6 Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records.
104.7 Definition of term "shall" for code official. When the phrase "the code official shall" is used, it refers to the Manager's discretionary option, rather than a mandatory obligation, to choose the course of action that would be appropriate when a violation of the code is found. The phrase "Code official shall" does not impose on the City a mandatory duty to implement particular enforcement procedures.
SECTION 105
APPROVAL
105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner's authorized agent, provided that the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
105.2 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance without expense to the jurisdiction.
105.2.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.
105.2.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records.
105.5 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.
105.6 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
SECTION 106
VIOLATIONS
106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
106.2 Notice of violation. Upon determination by the code official or designee, the code official shall serve a notice of violation or order in accordance with Section 107.
106.3 Prosecution of violation. The code official or designee may institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, may be cited for violation of this Ordinance in Malheur County Justice Court as a violation and not as a crime, punishable by a fine not to exceed One Thousand and no/100 Dollars ($1,000.00) for each violation, without right to jury trial or court appointed counsel.
106.4.1 Separate violation. Each day that a violation continues after due notice has been served shall be deemed a separate violation.
106.4.2 Postponement. The court may not continue or postpone a proceeding and determination of the allegation of violation of this ordinance for the purpose of allowing compliance or to allow the accused to remediate the alleged violation. Unless the court finds just cause other than request for remediation, the court must adjudicate any allegation of violation of this Ordinance within 90 days of the date of the alleged violation.
106.4.3 Individuals and entities. An individual person and other entities may be deemed to be in violation of this ordinance. In the event that the party acting in violation of this ordinance is any entity, the entity shall be subject to fine, abatement or other penalties allowed by this ordinance and by law. In such case where an entity is the offending party, a citation may be served upon the entity by serving an owner, officer, a person in charge of the premises, or any person designated or firm designated as an official or agent of the entity. The entity shall be named on the citations. The citation shall require appearance by representative of the entity at the time indicated on the citation. In the event that a representative fails to appear as required by the citation the city attorney may seek appropriate remedies for the failure to appear and default against the officers and owners of the entity. For application of this section, the terms "entity" shall also include corporations, partnerships, limited liability companies or partnership, associations, sole proprietorships and other forms of entities.
106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
SECTION 107
NOTICES, ORDERS AND LIENS
107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the person responsible for the violation or to the owner or person in charge of the premises.
107.2 Form. Such notice shall contain the following:
A description of the real estate sufficient for identification.
A description of the violation.
A statement that unless such violation is removed the City may abate the condition and the cost of abatement may become a lien against the property.
A statement that the owner or person in charge of the property may protest the abatement by giving notice to the City Manager within three business days from the date of the notice.
107.3 Method of Service. The City shall cause the notice to be posted at or upon the premises where the violation exists, directing the owner or person in charge of the property to abate the nuisance. The City shall also cause a copy or such notice to be sent by first class mail to the owner, entity or person in charge of the premises at the last known address of any such person. If such address is not known the notice may be mailed to the address shown for notification in the tax records of the Malheur County Assessor. The person posting and mailing the notice shall file a certificate of mailing or posting, a copy of which shall be maintained by the City. An error in the name or address or any owner, interest holder, or person in charge of the premises shall not make the notice void and in such case shall make the posted notice sufficient.
107.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official.
107.5 Penalties. Penalties for non-compliance with orders and notices shall be as set forth in Section 106.4.
107.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
107.7 Liens. A premises, structure or specific condition of property which violates this code may be abated by City by any legal method for abatement. Costs and expenses incurred by City in abatement of nuisance, including administrative, attorney's and other fees, may be assessed as a lien against the property, real and personal.
107.7.1 Lien requirements. To impose a lien the City must do the following:
A. The City Recorder, by return receipt requested mail, postage prepaid, shall forward a notice to the owner or person in charge of the property. If ownership or owner address is unknown the notice may be mailed to the address shown for notification in the tax records of the Malheur County Assessor. The notice shall include:
(1) The total amount of the costs, expenses, administrative, legal and other fees for the abatement incurred by the City.
(2) That the amount as indicated will be assessed to, and become a lien against the property unless paid within 30 days from the date of the notice.
B. The City Council, in the regular course of business shall hear and determine any objections to the costs to be assessed.
C. If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs as stated or as determined by the City Council shall be made by resolution and shall be entered in the docket of City liens. Upon such entry, the total cost of abatement shall be a lien upon the property from which, or adjacent to which, the nuisance was removed or abated.
D. The lien shall be enforced in any legal manner of enforcement or foreclosure as liens, and shall bear interest at the rate of 6 percent a year. Interest shall begin upon the entry of the lien in the lien docket.
E. An error in the name of the owner or person in charge of the property shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property.
SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT
108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be dangerous:
1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.
2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.
5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.
6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource.
108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.6 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner's authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2.
108.4 Placarding. Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.
108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy some placarded premises or shall operate placarded equipment, and any owner, owner's authorized agent or person responsible for the premises who shall let anyone occupy some placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.
108.6 Abatement methods. The owner, owner's authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
SECTION 109
EMERGENCY MEASURES
109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be invoiced to the owner and, if not paid, shall become a lien.
109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person thereafter, may appeal in the manner described in Section 111.
SECTION 110
DEMOLITION
110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than six months, the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond six months, unless approved by the building official.
110.2 Notices and orders. Notices and orders shall comply with Section 107.
110.3 Failure to comply. If the owner of a premises or owner's authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
110.4 Salvage materials. Where any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
SECTION 111
MEANS OF APPEAL
111.1 Application for appeal. Any person affected by a decision of the code official or a notice for order issued under this code shall have the right to appeal to the City Council, provided that a written application for appeal is filed within 20 days after the day of the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
111.2 Notice of meeting. The City Council shall meet upon notice from the Mayor, within 20 days of the filing of an appeal, or at a stated periodic monthly City Council meeting.
111.3 Open hearing. All hearings before the City Council shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.
111.4 Postponed hearing. When a quorum of the City Council is not present to hear an appeal, either the appellant or the appellant's representative, or the code official shall have the right to request a postponement of the hearing.
111.5 Decision. The Council shall modify or reverse the decision of the code official only by a concurring vote of a majority of the quorum present at the hearing.
111.5.1 Records and copies. The decision of the Council shall be recorded in writing. Copies shall be furnished to the appellant and to the code official.
111.5.2 Administration. The code official shall take immediate action in accordance with the decision of the City Council.
111.5.3 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision with the City Recorder.
111.6 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the City Council.
SECTION 112
STOP WORK ORDER
112.1 Authority. Whenever the code official finds any work regulated by this or any City of Nyssa code, including permitting requirements, being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order.
112.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner's authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.
112.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be considered to be committing a violation and will be subject to penalties as set out in Section 106.