Oregon Statutes 455.160 – Failure to provide timely inspections or plan reviews prohibited; demand; mandamus
(1) The municipality that is responsible for state building code administration and enforcement in a municipality pursuant to ORS § 455.148 or 455.150, or the Department of Consumer and Business Services if the department is responsible for state building code administration and enforcement pursuant to ORS § 455.148 or 455.150, may not engage in a pattern of conduct of failing to provide timely inspections or plan reviews without reasonable cause.
Terms Used In Oregon Statutes 455.160
- Department: means the Department of Consumer and Business Services. See Oregon Statutes 455.010
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) Any person adversely affected by a pattern of conduct prohibited in subsection (1) of this section may serve the municipality or the department with a written demand to provide timely inspections or plan reviews.
(3) If a municipality, within five days of receipt of the demand, fails to provide timely inspections or plan reviews without reasonable cause, the person who served the demand may seek to compel the inspections or plan reviews through a writ of mandamus pursuant to ORS § 34.105 to 34.240. If the court finds that the municipality has engaged in a pattern of conduct of failing to provide timely inspections or plan reviews without reasonable cause, it may direct the municipality to provide timely inspections or plan reviews or to transfer the administration and enforcement of the code in question under procedures outlined in ORS § 455.148 (5) and (6) or 455.150 (5) and (6).
(4) If the department, within five days of receipt of the demand, fails to provide timely inspections or plan reviews without reasonable cause, the person who served the demand may seek to compel the inspections or plan reviews through a writ of mandamus pursuant to ORS § 34.105 to 34.240. If the court finds that the department has engaged in a pattern of conduct of failing to provide timely inspections or plan reviews without reasonable cause, it may direct the department to provide timely inspections or plan reviews or to transfer the administration and enforcement of the code in question to an appropriate municipality, if the municipality accepts the responsibility. A municipality may accept the transfer of the administration and enforcement of a code under this subsection without becoming subject to ORS § 455.148 as a result of accepting the transfer. [Formerly 456.803; 1995 c.553 § 7; 2001 c.573 § 7]