ORS 455.770
Investigation of municipality, building official or inspector
- corrective action
- revocation of authority
(1)
In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (Exemption from additional regulations), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs), 446.395 (License required) to 446.420 (License required to maintain action), 479.510 (Short title) to 479.945 (Restricted energy contractor’s license), 479.995 (Civil penalty for violation of ORS 479.510 to 479.945) and 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations) and this chapter and ORS chapters 447, 460 and 693, with respect to municipalities, building officials and inspectors, if the director has reason to believe that there is a failure to enforce or a violation of any provision of the state building code or ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (Exemption from additional regulations), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs), 446.395 (License required) to 446.420 (License required to maintain action), 479.510 (Short title) to 479.945 (Restricted energy contractor’s license), 479.995 (Civil penalty for violation of ORS 479.510 to 479.945) or 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations) or this chapter or ORS chapter 447, 460 or 693 or any rule adopted under those statutes, the director may:(a)
Examine building code activities of the municipality;(b)
Take sworn testimony; and(c)
With the authorization of the Office of the Attorney General, subpoena persons and records to obtain testimony on official actions that were taken or omitted or to obtain documents otherwise subject to public inspection under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department).(2)
The investigative authority authorized in subsection (1) of this section covers the violation or omission by a municipality related to enforcement of codes or administrative rules, certification of inspectors or financial transactions dealing with permit fees and surcharges under any of the following circumstances when:(a)
The duties are clearly established by law, rule or agreement;(b)
The duty involves procedures for which the means and methods are clearly established by law, rule or agreement; or(c)
The duty is described by clear performance standards.(3)
Prior to starting an investigation under subsection (1) of this section, the director shall notify the municipality in writing setting forth the allegation and the rules or statutes pertaining to the allegation and give the municipality 30 days to respond to the allegation. If the municipality does not satisfy the director’s concerns, the director may then commence an investigation.(4)
If the Department of Consumer and Business Services or the director directs corrective action, the following shall be done:(a)
The corrective action shall be in writing and served on the building official and the chief executive officers of all municipalities affected;(b)
The corrective action shall identify the facts and law relied upon for the required action; and(c)
A reasonable time shall be provided to the municipality for compliance.(5)
The director may revoke any authority of the municipality to administer any part of the state building code or ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (Exemption from additional regulations), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs), 446.395 (License required) to 446.420 (License required to maintain action), 479.510 (Short title) to 479.945 (Restricted energy contractor’s license), 479.995 (Civil penalty for violation of ORS 479.510 to 479.945) or 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations) or this chapter or ORS chapter 447, 460 or 693 or any rule adopted under those statutes if the director determines after a hearing conducted under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.497 (Awarding costs and attorney fees when finding for petitioner) that:(a)
All of the requirements of this section and ORS 455.775 (Enforcement authority of director) and 455.895 (Civil penalties) were met; and(b)
The municipality did not comply with the corrective action required. [1991 c.792 §§2,6; 1995 c.79 §230; 2001 c.411 §19; 2013 c.324 §9]
Source:
Section 455.770 — Investigation of municipality, building official or inspector; corrective action; revocation of authority, https://www.oregonlegislature.gov/bills_laws/ors/ors455.html.
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