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HomeMy WebLinkAbout3288 Creating AMC 15.04.270 to Prohibit Permits When Code Violations are Outstanding ORDINANCE NO. 3288 AN ORDINANCE CREATING 15.04.270 TO PROHIBIT PERMITS WHEN CODE VIOLATIONS ARE OUTSTANDING Annotated to show deletions and additions to the Ashland Municipal Code sections being modified. Deletions are bold lined thr-ottgh, and additions are bold underlined. WHEREAS,Article 2. Section I of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, in order to incentivize compliance for outstanding code violations when a project is ongoing and to reduce hazards associated with that project, the City wishes to provide a mechanism to delay permits until previous violations are resolved. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. 15.04.270 - Permit Issuance Prohibited When Violations Are Outstanding A. No building permit shall be issued for any property with an active code compliance case or outstanding violation of the Ashland Municipal Code, except for permits that are solely and directly necessary to correct that violation. B. For purposes of this section, an "active code compliance case" includes any notice of violation, citation, or enforcement action issued pursuant to Title 15 (Buildings and Construction) or Title 18 (Land Use). C. The Building Official may authorize issuance of a permit when necessary to abate hazardous or unsafe conditions, or when the permit is required to achieve full compliance with applicable provisions of the Ashland Municipal Code. D. No other construction, building, mechanical, electrical, or plumbing permits shall be issued until the violation has been corrected to the satisfaction of the City and the associated enforcement case has been closed. ORDINANCE NO. 3288 Page 1 of 2 SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable, and if any part of this ordinance is held invalid by a court of competent jurisdiction,the remainder of this ordinance shall remain in full force and effect. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance"may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered,provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2026, and duly PASSED and ADOPTED this day of , 2026. PASSED by the City Council this��day of Ma,t�C, , 2026. ATTEST: &�/ li o s i, City Recorder SIGNED and APPROVED this [ day of aIG 2026. AA� Tonya Gr am,Mayor Reviewed as to f, ha 'etila, City Attorney ORDINANCE NO. 3288 Page 2 of 2