Portland and the federal government

Learn about our sanctuary city status, efforts to block federal overreach: Portland.gov/Federal

12.15.140 Fee to Access and Use the Right-of-Way.

City code section

(Amended by Ordinance 192006, effective January 10, 2025.)

  1. A. Every person subject to this Chapter will pay the fee to access and use the right-of-way for every utility service provided in the amount determined by ordinance of the City Council.
  2. B. Fee payments required by this Section will be reduced by any franchise or Utility License Law (Portland City Code Chapter 7.14) fee payments received by the City, but in no case will the payment be less than zero dollars.
  3. C. Unless otherwise agreed to in writing by the City, the fees set forth in this Section will be paid quarterly, in arrears, for each quarter during the term of the license within 45 calendar days after the end of each calendar quarter and will be accompanied by an accounting of gross revenue, if applicable, and a calculation of the amount payable, in a form satisfactory to the City Administrator.
  4. D. The calculation of the fee required by this Section will be subject to all applicable limitations imposed by state or federal law. The licensee may request a refund by filing with the City a written request within five years from the date payment is due.
  5. E. The City reserves the right to enact other fees and taxes applicable to the utility operators subject to this Chapter. Unless expressly authorized by the City in enacting such fee or tax, or required by applicable state or federal law, no utility operator may deduct, offset, or otherwise reduce or avoid the obligation to pay any lawfully enacted fees or taxes based on the payment of the fees required by this Chapter.
  6. F. Interest amounts properly assessed in accordance with this Section may only be reduced or waived by the City Administrator for good cause, according to and consistent with written policies.
  7. G. No accord. The City’s acceptance of payment will not be construed as an accord that the amount paid is, in fact, the correct amount, nor as a release of any claim the City may have for further or additional sums payable. Further, the licensee’s payment of any amount hereunder will not be construed as an accord that the amount paid is, in fact, the correct amount, nor as a release of any claim the licensee may have for refund of any overpayment.
  8. H. Penalties on late remittances. Penalties and interest imposed by this Section are in addition to any fines or penalties that may be assessed under other ordinances or regulations of the City.
    1. 1. Any person who has not submitted the required remittance forms or remitted the correct fees when due as provided in this Section will pay a penalty listed below in addition to the amount due:
      1. a. First occurrence during any one calendar year; ten percent of the amount owed, or $25, whichever is greater.
      2. b. Second occurrence during any one calendar year; 15% of the amount owed, or $50, whichever is greater.
      3. c. Third occurrence during any one calendar year; 20% or the amount owed, or $75, whichever is greater.
      4. d. Fourth occurrence during any one calendar year; 25% of the amount owed, or $100, whichever is greater.
    2. 2. If the City determines that the nonpayment of any remittance due under this Section is due to fraud or intent to evade the provisions hereof, an additional penalty of 25 percent of the amount owed, or $500, whichever is greater, will be added thereto in addition to other penalties allowed by law.
    3. 3. In addition to the penalties imposed, any person who fails to remit any fee when due as provided in this Section will pay interest at the rate of one and a half percent per month or fractions thereof, without proration for portions of a month, on the total amount due (including penalties and fines), from the date on which the remittance first became delinquent, until received by the City.
    4. 4. Every penalty imposed, and such interest as accrues under the provision of this Section, will be merged with, and become part of, the fees required to be paid.
  9. I. The City Administrator, in their sole discretion, will have the authority to reduce or waive the penalties, fines and interest due under Section 12.15.140.

Filters

Search code, charter, policy

See something we could improve on this page? Give website feedback.

Back to top