Oregon Statutes 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.
Terms Used In Oregon Statutes 455.070
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriate advisory board: means the advisory board that has jurisdiction over a particular code, standard, license, certification or matter. See Oregon Statutes 455.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Consumer and Business Services. See Oregon Statutes 455.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Municipality: means a city, county or other unit of local government otherwise authorized by law to administer a building code. See Oregon Statutes 455.010
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- State building code: means the combined specialty codes. See Oregon Statutes 455.010
(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]