(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 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 and 480.510 to 480.670 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 ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and this chapter or ORS chapter 447, 460 or 693 or any rule adopted thereunder, 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 192.410 to 192.505.
(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 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 ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and this chapter or ORS chapter 447, 460 or 693 or any rule adopted thereunder if the director determines after a hearing conducted under ORS 183.413 to 183.497 that:
(a) All of the requirements of this section and ORS 455.775 and 455.895 were met; and
(b) The municipality did not comply with the corrective action required.
(6) Nothing in ORS 455.775 shall be construed to grant any authority over a municipality or inspector employed by a municipality. [1991 c.792 §§2,6; 1995 c.79 §230; 2001 c.411 §19]Section: Previous 455.715 455.720 455.725 455.730 455.735 455.737 455.740 455.770 455.775 455.800 455.805 455.810 455.815 455.820 455.840 Next
Last modified: August 7, 2008