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12.15.170 Violations; Remedies and Civil Penalties.

City Code Section

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

  1. A. The City will give the licensee written notice of any violations and provide a reasonable time (no less than 20 and no more than 40 calendar days) for the licensee to remedy the violations. If the City Administrator determines the licensee is guilty of violating any provisions of this Chapter or the license after the time to remedy has passed, the City Administrator will consider the standards found in Subsection C. of this Section. A separate and distinct offense will be deemed committed each day on which a violation occurs. The City Administrator may:
    1. 1. issue a hold on any permit applications filed by the licensee for work in the right-of-way; or
    2. 2. fine the licensee not less than $100 nor more than $1,000 for each offense; or
    3. 3. take the actions described in both Subsection 1. and 2.
  2. B. Violations of this Chapter include but are not limited to:
    1. 1. Any failure to file a registration or license application at the time required under this Chapter or to promptly update registration or license information;
    2. 2. Any failure to pay any fee required by this Chapter when due;
    3. 3. Any failure to file the documentation required or fees due;
    4. 4. Any failure to provide or make available all maps, records, books, diagrams, plans, or other documents with respect to its utility services and facilities within the right-of-way;
    5. 5. Any repeated failure to comply with this Chapter; or
    6. 6. Any false statement on any registration or license application, on any documentation required, or in response to any audit or compliance investigation conducted under this Chapter.
  3. C. In assessing civil penalties under this Section, the City Administrator will produce a written decision identifying the violation, the amount of the penalty, and the basis for the decision. In making such determination, the City Administrator will consider the following criteria:
    1. 1. The extent and nature of the violation;
    2. 2. Any impacts to the City or the general public resulting from the violation;
    3. 3. Whether the violation was repeated and continuous, or isolated and temporary;
    4. 4. Whether the violation appeared willful or negligent;
    5. 5. The City’s costs of investigating the violation and correcting or attempting to correct the violation; and
    6. 6. Any other factors the City Administrator deems relevant.
  4. D. The City Administrator may reduce or waive any civil penalty for good cause, according to and consistent with written policies.
  5. E. Except as provided in Subsection 12.15.150 B.4., a determination made by the City Administrator is a quasi-judicial decision and is not appealable to the City Council. Appeals from any determination made by the City Administrator will be solely and exclusively by writ of review to the Circuit Court of Multnomah County, as provided in ORS 34.010 to 34.100.
  6. F. The remedies in this Section are in addition to the revocation and termination provisions outlined in Subsection 12.15.080 M. of this Chapter. Nothing in this Chapter will be construed as limiting any judicial or other remedy the City may have at law or in equity for enforcement of this Chapter.

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