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City code section
(Amended by Ordinance 192006, effective January 10, 2025.)
- A. This Chapter will be administered by the City Administrator. General management of the right-of-way will be administered by the Bureau of Transportation pursuant to Portland City Code Title 17 and its accompanying rules, regulations, and policies.
- B. The City Administrator may adopt procedures, forms, and written policies for administering this Chapter.
- C. Authority granted to the City Administrator may be delegated, in writing, to employees or duly authorized agents of the Bureau.
- D. The City Administrator may, upon request, issue written interpretations of how this Chapter applies in general or to specific circumstances.
- E. Nothing in this Chapter precludes the informal disposition of a controversy by the Director, in writing, whether by stipulation or agreed settlement.
- F. The City Administrator may adopt, amend, and repeal administrative rules relating to matters within the scope of this Chapter.
- 1. Before adopting, amending, or repealing a rule, the City Administrator must notify interested parties and hold a public comment period. Such notice, which may be provided by mail or electronic means, such as posting on the Bureau’s website, must be published at least four weeks before the close of the public comment period. The notice must include instructions on how an interested party may comment on the proposed rule, a brief description of the subjects covered by the proposed rule, and how to access the full text of the proposed rule.
- 2. During the public comment period, the City Administrator will receive written comments concerning the proposed rule. At the conclusion of the public comment period, the City Administrator will either adopt the proposed rule, modify it, or reject it, taking into consideration the comments received. If a substantial modification is made, an additional public comment period will be held. Unless otherwise stated, all rules are effective upon adoption by the City Administrator. All rules adopted by the City Administrator will be filed with the Auditor. Copies of all current rules will be posted on the Auditor’s website.
- 3. Notwithstanding Subsections 1. and 2. above, the City Administrator may adopt an interim rule without prior public notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, stating the specific facts and circumstances supporting such finding. An interim rule adopted pursuant to this Subsection is effective for a period of not more than 180 calendar days. The City Administrator may extend the interim rule past the 180 calendar days for good cause, as determined in the City Administrator’s sole discretion.
- G. Specific controls the general. If a conflict exists between two City Code provisions, one of them a general requirement and the other a specific requirement, the more specific requirement will operate as an exception to the general requirement regardless of the priority of enactment.