9.10.015 Additional Local Authority

9.10.015 Additional Local Authority.

This section was recently amended by Ordinance NS-2483, codified in November 2023.

The City of Bend Building Oﬃcial has the additional authority to regulate the following:

1. Pursuant to the regulation of dangerous buildings, the Building Oﬃcial may adopt seismic rehabilitation plans that provide for phased completion of repairs that are designed to provide improved life safety but that may be less than the standards for new buildings.

2. Abatement of nuisances and dangerous buildings.

3. Fire safety during construction.

4. Demolition.

5. Protection of adjoining property.

6. Encroachments into the public way.

7. Retaining walls.

8. Fences.

9. Tanks.

10. Cellular phone, radio, television and other telecommunication and broadcast towers, in compliance with Federal law.

11. Flagpoles.

12. Building code aspects of signs.

13. Floating structures.

14. Docks.

15. Fixed piers or wharves.

16. Equipment shelters.

17. Administration and implementation of a National Flood Insurance Program (NFIP).

18. Transitional housing accommodations.

19. Protection of pedestrians.

20. Matters related to structures that are not otherwise encompassed by this code.

B. Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code or to exercise the authority of the Building Oﬃcial, or where the Building Oﬃcial has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Building Oﬃcial is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such structure or premises be occupied that credentials be presented to the occupant and entry required. If such structure or premises is unoccupied, the Building Oﬃcial shall ﬁrst make a reasonable eﬀort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Oﬃcial shall have recourse to the remedies provided by law to secure entry.

C. Certiﬁcate of Occupancy. Issuance of certiﬁcate of occupancy is contingent upon the requirements of the State of Oregon building codes as well as other applicable City requirements.

1. Connection of Service Utilities. A person shall not make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the Building Oﬃcial.

2. Temporary Connection. The Building Oﬃcial shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel or power.

3. Authority to Disconnect Service Utilities. The Building Oﬃcial shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the building code in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by subsections (D)(1) and (D)(2) of this section. The Building Oﬃcial shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notiﬁed prior to disconnecting, the owner or occupant of the building, structure or service system shall be notiﬁed in writing, as soon as practical thereafter.

1. Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deﬁcient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a ﬁre hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the Building Oﬃcial deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.

2. Record. The Building 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.

3. Notice. If an unsafe condition is found, the Building Oﬃcial shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and speciﬁes the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notiﬁed to declare immediately to the Building Oﬃcial acceptance or rejection of the terms of the order.

4. Method of Service. Such notice shall be deemed properly served if a copy thereof is: delivered to the owner personally; sent by certiﬁed or registered mail addressed to the owner at the last known address with the return receipt requested; or delivered in any other manner as prescribed by local law. If the certiﬁed or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure aﬀected by such notice. Service of such notice in the foregoing manner on the owner’s agent or on the person responsible for the structure shall constitute service of notice on the owner.

5. Restoration. Where the structure or equipment determined to be unsafe by the Building Oﬃcial is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of the building code. [Ord. NS-2483, 2023; Ord. NS-2358, 2019]