HomeMy WebLinkAbout1997-063 Agrmt - City of Talent
INTERGOVERNMENTAL AGREEMENT FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE
STATE BUILDING CODE BY THE CITY OF ASHLAND,
OREGON IN THE CITY OF TALENT, OREGON
Intergovernmental agreement made on JUL Y 2 , 1997, between the CITY
OF ASHLAND ("Ashland") and the CITY OF TALENT, ("Talent").
RECITALS:
A. Ashland and Talent have the authority pursuant to ORS Chapter 190 to
enter into written agreements to provide for the administration and enforcement of
building codes.
B. Talent has adopted a building code ordinance incorporating the State of
Oregon Structural Specialty code (ORS 455.010), the Mechanical, heating, ventilating
specialty code (ORS 455.020), the Oregon Plumbing Specialty Code, the Oregon
Electrical Specialty Code, The Uniform Code for Abatement of Dangerous Buildings,
and the One and Two Family Dwelling Code (ORS 455.610 to 455.630), further
referred to in this agreement as "the codes."
C. The cities of Ashland and Talent desire to set forth their respective rights
and obligations concerning administration and enforcement of the codes.
CITY OF ASHLAND AND CITY OF TALENT AGREE:
1. Appointment of Building Official for Talent: The Ashland Building Official is
appointed as the Talent Building Official and, except as provided in this agreement,
shall have those powers necessary to administer and enforce the codes.
2. Services by Ashland: Ashland shall provide the following services within the city
limits of Talent in connection with the codes:
2.1. All required inspections.
2.2. Upon application and payment of applicable fees, issue permits, including
certificates of occupancy.
2.3. Except as provided in paragraph 3, enforce the codes, including, but not
limited to, issuing stop work orders.
2.4. Review applications and plans received and verified by Talent and verified
as provided under paragraph 3.1 to Ashland for review and approval. Permit
application, fees and plans shall be filed by the applicant at the Ashland building
department, 20 East Main Street, Ashland, Oregon.
2.5 Provide all submittals for compliance with State of Oregon Building
Codes Division requirements for local inspecting authorities.
3. Services by Talent: Talent shall provide the following services under this
agreement:
3.1. Provide initial review of all applications and plans for a building permit and,
prior to releasing them to Ashland, verify compliance with all applicable ordinances of
Talent including compliance with land use ordinances.
3.2. Prosecute violations of the codes, conduct abatement proceedings and
defend appeals, and enforce all requirements of the Talent's land use ordinances.
4. Fees: For services under this agreement, Ashland shall receive 75% of all permit
fees; 75% of all plan review fees and call back fees collected by Ashland. Ashland
shall remit the balance of all fees less state surcharges to Talent. At the termination
of the agreement, Ashland shall complete all inspections and plan reviews in process
at the above percentage.
5. Projects in progress: For projects currently under construction as of the date of
this agreement for which fees have already been collected, Talent shall pay Ashland
for any required inspections or call backs the sum of $55.00 per hour.
6. Reports: Ashland shall make periodic reports to the Talent City Council as to the
status of the permitting and inspection processes established as a result of this
agreement.
7. Representatives:
7.1. Ashland's Building Official shall have the authority to administer this
agreement on behalf of Ashland.
7.2. Talent's City Administer shall have the authority to administer this
agreement on behalf of Talent.
8. Termination: Either party may terminate this agreement by 30 days' advance
written notice to the other party.
9. Indemnification: To the extent allowed by the Oregon Constitution, and within the
limits of the Oregon Tort Claims Act, the City of Talent shall defend, indemnify, and
hold the City of Ashland, its officers, agents, and employees harmless from any and all
claims, actions, costs, judgments, damages, and other expenses resulting from injury
to any person (including injury resulting in death) or damage to property (including
loss or destruction), of whatsoever nature, arising out of or incident to the
performance of this agreement. The City of Talent shall not be held responsible for
PAGE 2-INTERGOVERNMENTAL AGREEMENT (p:agree\phoenix.kJ
any claims, actions, costs, judgments or other damages, directly and proximately
caused by the... negligence of the City of Ashland.
~
CITY OF TALENT
BY
CITY OF ASHLAND
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BY~Ph"/"~;;' ~
~City Administratc;n
~;f\.~:s~(/iJ.J~.D~( REVIEWEDASTOC ~~T
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Its C ~ t
REVIEWED AS TO FORM
By f7a----
City Ly9tl c~unsel
Date: ~ 7 17
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Coding
(for City use only)
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