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Proposed Administrative Rule for Lien Reduction Review Process

Public Notice
The Bureau of Development Services seeks public comment on a proposed administrative rule for its Lien Reduction Review process for properties subject to potential enforcement action under the City's Property Maintenance code.
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Background

The purpose of this Lien Reduction Review Administrative Rule is to provide guidance for processing requests to reduce existing liens on properties resulting from an enforcement action.  

Enforcement fees are issued as a financial incentive to encourage owners to comply and correct their code violations. Unpaid fees are issued as liens and placed against properties when property owners fail to correct cited code violations and bring their properties into compliance within the required timeframe or allowance provided via a waiver.

Historically, code enforcement liens disproportionately affect low-income, elderly, disabled, and non-English speaking residents, who are often members of the Black, Indigenous, and Other People of Color (BIPOC) community. Therefore, the Bureau of Development Services needs to ensure its process for reviewing and reducing liens is fair, consistent, and understandable, so it achieves BDS Property Compliance goals, which are to:

(A) Simplify the lien reduction review criteria; 

(B) Ensure the Bureau of Development Services addresses equity issues and resolves documentation barriers necessary to qualify for a lien reduction;

(C) Ensure that code enforcement fees and liens serve their intended purpose of motivating owners to work with Property Compliance staff to bring their properties into compliance, which will help preserve generational wealth through home ownership and small business operations; and

(D) Provide for a reasonable of cost recovery for continued operations of the various enforcement programs, which exist to ensure public health and safety for the community.

A copy of the draft administrative rule is available from the link below.

A public hearing may be requested

A public hearing will be held only if requested. This hearing is an opportunity to comment in person on the Bureau of Development Services’ proposed permanent administrative rule related to lien reduction review process for reducing existing liens on properties resulting from an enforcement action by the Bureau of Development Services.

A hearing must be requested by 5 p.m. on Friday, Dec. 17, 2021. If a public hearing is requested, it will be held on Monday, Dec. 27, at 10 a.m. via Zoom (https://us02web.zoom.us/j/89122790926.  Meeting ID:891 2279 0926). Written comments will be accepted until 5 p.m. on Monday, Dec. 27, 2021. Contact Nancy Thorington at Nancy.thorington@portlandoregon.gov or 503-865-6438 to request a public hearing or to submit written comments.