Title 1 General Provisions

This Code is known as the “Code of the City of Portland, Oregon,” or “Portland City Code” and it is sufficient to refer to this Code as the “Code of the City of Portland, Oregon,” or “Portland City Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It will also be sufficient to designate any ordinance adding to, amending, correcting, or repealing all or any part or portion thereof as an addition to, amendment to, correction of, or repeal of the “Code of the City of Portland, Oregon.” Further reference may be had to the Titles, Chapters, Sections, and Subsections of the “Code of the City of Portland, Oregon,” or “Portland City Code” and that reference will apply to that numbered Title, Chapter, Section, or Subsection as it appears in this Code.

Whenever a reference is made to this Code as the “Code of the City of Portland, Oregon,” or “Portland City Code” or to any portion of it or to any ordinance of the City, the reference  applies to all of this Code’s amendments, corrections, and additions.

This Code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the City, codified pursuant to State law.

1. A. The Auditor will provide for a uniform form and style for provisions of this  Code. The Auditor may make minor corrections to ordinances submitted for filing to provide the required uniformity. The Auditor will also have authority to change the form and style of current provisions of the Code to conform to the requirements provided for by the Auditor.
2. B. Subject to approval of the City Attorney, the Auditor will have authority to rearrange, renumber, reletter, capitalize, punctuate and divide provisions of the Code, and to correct clerical errors and omissions and insert captions in accordance with the meaning and intent of the provisions of the Code, and may delete provisions that have become inoperative or ruled invalid by a court of competent jurisdiction.
3. C. The Auditor may substitute any current title of an officer, bureau, department, commission or committee in lieu of the title originally appearing in the Code provision, in accordance with changes of title or duties subsequently made by law.

Subject to the approval of the City Attorney, the Director of the Bureau of Planning and Sustainability will have the authority to correct the Comprehensive Plan Map and Portland Zoning maps, including the City’s Official Zoning Map:

1. A. When a map line does not match the legal description or map referenced in the ordinance or approved land use decision that applied the designation; or
2. B. When there is a discrepancy between maps and there is clear legislative intent for where the line should be located; or
3. C. When the Open Space zone has been applied to property in private ownership that is not in an open space use, or is not receiving special tax considerations because of its status as open space.
4. D. When the Constrained Sites overlay zone has been applied to property and no portion of the property has any of the constraints listed in Section 33.418.030.
5. Comprehensive Plan and Zoning map corrections initiated under this Section must be clear and objective. Discretionary map corrections must be processed under the procedures set forth in Sections 33.810.080 and 33.855.070.

The following words and phrases whenever used in this Code must be construed as defined in this Section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of the words or phrases:

1. A. Auditor means the Auditor of the City or designee.
2. B. City means the municipal government of the City of Portland, Oregon, or the area within the territorial limits of Portland, Oregon, and the territory outside of Portland over which the City has jurisdiction or control by virtue of ownership or any constitutional or Charter provisions or law;
3. C. City Council or Council means the City Council of the City of Portland, Oregon;
4. D. City Administrator means the City Administrator or designee;
5. E. County means the County and/or Counties of Multnomah, Washington, and Clackamas;
6. F. Mayor means the Mayor of the City or designee;
7. G. Councilor means a member of the Council of the City.
8. H. Charter or Ordinance means the Charter or Ordinance of the City, unless otherwise specifically designated;
9. I. Oath includes affirmation;
10. J. Office or officer. The use of the title of any officer, employee, or any office means that officer, employee, or office of the City, or designee, unless otherwise specifically designated;
11. K. Person means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them;
12. L. State means the State of Oregon;
13. M. Shall and must are mandatory, may is permissive;
14. N. Written includes handwritten, printed, typewritten, mimeographed, multigraphed, or otherwise duplicated from printed or written material;
15. O. Law denotes applicable federal law, the Constitution of the United States, the Constitution and statutes of the State of Oregon, the Charter and Ordinances of the City and, when appropriate, any and all rules and regulations that may be promulgated under them, and court decisions.

The following grammatical rules apply in this Code.

1. A. Gender. Any gender includes other genders;
2. B. Singular and plural. The singular number includes the plural and the plural includes the singular;
3. C. Tenses. Words used in one tense include any other tenses as the context may require;
4. D. Use of words and phrases. Words and phrases used in this Code and not specifically defined must be construed according to the context and approved usage of the language.

The provisions of this Code and all proceedings under it are to be construed with a view to affect its policies and objectives and promote justice in accordance with the provisions of the Charter and the law.

Title, Chapter, and Section Headings contained herein will not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any Title, Chapter, or Section in the Code.

When deposits of money or securities, permits, or matters of record refer to or are connected with ordinances superseded by provisions of this Code, the deposits, permits, or matters of record will not be affected, but corresponding provisions of this Code must be construed to apply.

Neither the adoption of this Code nor its repeal or amendment of any ordinance or a part or portion of any ordinance of the City will in any manner affect the prosecution for violations of ordinances that were committed prior to the effective date of this Code. This Code may not be construed as a waiver of any license, fee, or penalty due and unpaid at the effective date under the ordinances, nor be construed as affecting any of the provisions of the ordinances relating to the collection of any license, fee, or penalty, or the penal provisions applicable to any violation of them.  This Code may not be construed to affect the validity of any bond or any cash deposit required to be posted, filed, or deposited instead of a bond pursuant to any ordinance, and all rights and obligations under it appertaining will continue in full force and effect. When a requirement or obligation under a prior ordinance superseded by this Code is continued by this Code in substantially similar terms, the requirement or obligation and any time limit fixed by the prior ordinance or by official act or notice under it will continue, and time will be computed, in accordance with the terms of the prior ordinance, act or notice.

The repeal of an ordinance will not affect the repealing clause of the ordinance or revive any ordinance that has been repealed.

It is unlawful for any person to violate any provision or to fail to comply with any requirement of this Code. Any person violating any provision or failing to comply with any requirement of this Code, unless provision is otherwise made herein, will upon conviction thereof, be punished by a fine of not more than $500, or by imprisonment for a period of not more than 6 months, or by both such fine and imprisonment. However, no greater penalty may be imposed than the penalty prescribed by the Oregon statute for the same act or omission. The person will be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by the person and may be punished accordingly. In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of any provision of this Code is a public nuisance and may be summarily abated by the City as authorized by this Code. In addition, property may be forfeited and City license may be suspended or revoked as provided in this Code.

Any act or omission made unlawful under this Code will include causing, allowing, permitting, aiding, abetting, suffering, or concealing the act or omission.

If any Section, Subsection, sentence, clause, or phrase of this Code is for any reason held to be invalid or unconstitutional, the decision will not affect the validity of the remaining portions of this Code. The Council declares that it would have passed this Code, and each Section, Subsection, sentence, clause, and phrase of it, irrespective of the fact that any one or more Sections, Subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional, and if, for any reason, this Code should be declared invalid or unconstitutional, then the original ordinance or ordinances will be in full force and effect.

This Code must be construed so as to render it consistent with State criminal law, and any procedures or defenses made available in the prosecution of the same or similar offenses under State criminal law will apply in prosecutions under this Code.