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City code section
(Amended by Ordinance 192006, effective January 10, 2025.)
- A. Payment of the fee(s) under this Chapter will be subject to audit and review by the City for compliance. The City may audit and review the fees paid by a licensee under this Chapter for a period of no more than five years after the period to which such fees relate. Any information requested or required by this Chapter will be delivered to the City, at no cost to the City.
- B. Within 30 calendar days of a written request from the City, or as otherwise agreed to in writing by the City:
- 1. Every licensee will deliver to the City information sufficient to easily demonstrate that the licensee is in full compliance with all the requirements of this Chapter and its franchise agreement, if any, including but not limited to payment of any applicable fees.
- 2. Every licensee will make available for inspection by the City at reasonable times and intervals all maps, records, books, diagrams, plans, and other documents with respect to its use of the right-of-way. Access will be provided within the City unless prior written arrangement for access elsewhere has been made and agreed to by the City.
- 3. If any licensee fails, refuses, or neglects to provide or make records available to the City Administrator for determining licensee’s compliance with this Chapter, including but not limited to the amount of fees due or payable, the City Administrator may determine the amount of the fees due or payable based upon readily available facts and information. The City Administrator will notify the licensee in writing of the amount of such fee so determined, together with any penalty or interest due. The total of such amounts will become immediately due and payable, together with any penalties or fines assessed by the City Administrator.
- 4. Final audit determinations are appealable to the Business License Appeals Board using the process set forth in Portland City Code Section 7.02.290. The licensee must file a written appeal within 30 calendar days of the date of the final audit determination letter. In such an appeal, the licensee will have the burden of establishing that the City Administrator’s determination is incorrect, either in whole or in part.
- 5. The filing of any notice of appeal to the Business License Appeals Board will not stay the effectiveness of the City Administrator’s determination unless the Business License Appeals Board so directs.
- C. Any underpayment, including any interest, penalties, or fines, will be paid within 30 calendar days of the City’s notice to the licensee of such underpayment.
- D. Penalties. A penalty of five percent of any underpayment will be due within 45 calendar days of written notice from the City, if the City’s review of payments under this Chapter discloses that a licensee has paid 95 percent or less of the fees owing for the period under review.
- E. The City Administrator may issue and seek enforcement of an administrative subpoena for the purpose of collecting any information necessary to enforce any provision of this Chapter. Licensee will comply with the administrative subpoena within 60 calendar days of the date the subpoena was sent.