455.070 Report of suspected code violation; rules; form; appeal

299 words·~1 min read·/or/ors-chapter-455/455-070

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

455.070 Report of suspected code violation; rules; form; appeal.

(1)Any person may report a suspected violation of the state building code that poses an imminent threat to public health or safety to the local building official or, where the code is state-administered, to the Department of Consumer and Business Services. The complaint shall be in writing and submitted under rules adopted by the department. The rules of the department shall provide for the disposition of frivolous or harassing complaints by requiring detailed descriptions of the alleged violation and reference to the code sections allegedly violated.

(2)The municipality or the department shall give notice of the complaint to the contractor, building owner and subcontractor, if any, involved in the project alleged to be in violation. The municipality or the department may charge the complainant for the necessary costs of supplying, copying and distributing the complaint form.

(3)If, after five working days, no remedial action has taken place, the complainant has standing to appeal the matter to the appeals board of the municipality, where one is established, or directly to the appropriate advisory board where there is no local appeals board. The municipal appeals board or state advisory board shall reach a final decision within 14 days of the complainant’s appeal. A municipal appeals board decision shall then be subject to appeal to a state advisory board under ORS 455.690, provided that the state advisory board shall reach a final determination within 14 days of notice of an appeal. A record of the written complaint and the findings of the appeals and advisory boards may be introduced into evidence in any judicial proceeding for damages brought against the complainant by any person suffering damages as a result of the complaint. [Formerly 456.842; 1993 c.744 §87; 2013 c.324 §6]