For the purposes of this Chapter, the following definitions apply:

1. A.  Chronic nuisance property means:
   1. 1.  Property on which three or more nuisance activities exist or have occurred during any 90 day period;
   2. 2.  Property on which or within 200 feet of which any person associated with the property has engaged in three or more nuisance activities during any 90 day period;
   3. 3.  Property which, upon request for execution of a search warrant, has been the subject of a determination by a court that probable cause  exists that a nuisance activity has occurred within the previous 90 days, and the City Administrator or their designee(s) has determined that the search warrant was based on evidence of continuous or repeated nuisance activities at the property; or
   4. 4.  Property on which continuous or repeated nuisance activities as defined in Subsection 14B.60.010 C. exist or have occurred.
2. B.  Control means the ability to regulate, restrain, dominate, counteract or govern Property, or conduct that occurs on a Property.
3. C.  Nuisance activities means any of the following activities, behaviors or conduct:
   1. 1.   Alcoholic liquor violations as defined in ORS Chapter 471.105 through 471.482.
   2. 2.   Arson or related offenses as defined in ORS 164.315 through ORS 164.335.
   3. 3.   Assault or menacing as defined in ORS 163.160 through ORS 163.190.
   4. 4.   Bias Crime (formerly Intimidation) as defined in ORS 166.155 through ORS 166.165.
   5. 5.   Criminal mischief as defined in ORS 164.345 through 164.365.
   6. 6.   Criminal trespass as defined in ORS 164.243 through ORS 164.265.
   7. 7.   Curfew as defined in Section 14A.80.010.
   8. 8.   Disorderly conduct as defined in ORS 166.025.
   9. 9.   Firearm-related crimes as defined in ORS 166.250 and ORS 166.270.
   10. 10. Fire or discharge of a firearm as defined in Section 14A.60.020.
   11. 11. Harassment as defined in ORS 166.065(1)(a).
   12. 12. Illegal gambling as defined in ORS 167.117 and ORS 167.122 through ORS 167.127.
   13. 13. Indecent exposure as defined in Section 14A.40.030.
   14. 14. Offensive littering as defined in ORS 164.805.
   15. 15.  Operation of a massage business in violation of ORS 687.021 (1).
   16. 16. Possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, ORS 475.005 through 475.285, and ORS 475.940 through 475.995.
   17. 17. Possession of a loaded firearm in a public place as defined in Section 14A.60.010.
   18. 18. Human Trafficking or related offenses as defined in ORD 163.266 and 167.008 through ORS 167.052.
   19. 19. Public indecency as defined in ORS 163.465.
   20. 20. Sexual abuse, contributing to the delinquency of a minor, or sexual misconduct as defined in ORS 163.413 through ORS 163.445.
   21. 21. Theft as defined in ORS 164.015 through 164.140.
   22. 22. Unlawful Prostitution Procurement Activities (UPPA) as defined in Section 14A.40.050.
   23. 23. Failure of transient lodging operators to keep appropriate records and logs as defined by Portland City Code Section 6.04.130.
   24. 24. Any attempt to commit (as defined in ORS 161.405), or conspiracy to commit (as defined in ORS 161.450), any of the above activities, behaviors, or conduct. 
4. D.  Person means any natural person, agent, association, firm, partnership, corporation, or other entity capable of owning, occupying, or using property in the City.
5. E.  Person associated with means any person who, on the occasion of a nuisance activity, has entered, patronized, or visited a property or person present on a property, including without limitation any officer, director, customer, agent, employee, or any independent contractor of a property, person in charge, or owner of a property.
6. F.  Person in charge means any person, in actual or constructive possession of a property, including but not limited to an owner or occupant of property under their ownership or control.
7. G.  Property means any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent. For property consisting of more than one unit, property may be limited to the unit or the portion of the property on which any nuisance activity has occurred or is occurring but includes areas of the property used in common by all units of property including without limitation other structures erected on the property and areas used for parking, loading and landscaping.

1. A.  Any property determined by the City Administrator or their designee(s) to be chronic nuisance property is in violation of this Chapter and subject to its remedies.
2. B.  Any person in charge of property determined by the City Administrator or their designee(s) to be a chronic nuisance property is in violation of this Chapter and subject to its remedies.

1. A. A person in charge shall not be subject to chronic nuisance designation based solely on nuisance activity that the person in charge has timely reported to law enforcement, provided the person in charge has engaged in good faith efforts to assist in the abatement of the nuisance activity.
2. B. To qualify under this Section, the person in charge must:
   1. 1. Make a timely report of the nuisance activity and provide reasonably available, specific information sufficient to identify the nature, timing, and persons involved in the activity, if known;
   2. 2. Respond to reasonable follow-up requests from the City Administrator or their designee; and
   3. 3. Take reasonable steps within the person's control to prevent or mitigate the recurrence of the nuisance activity.

1. A.  When the City Administrator or their designee(s) receives three or more police reports or other official documentation that a police officer has determined that probable cause exists to believe that a nuisance activity has occurred on or within 200 feet of a property as defined in Section 14B.60.010, the City Administrator or their designee(s) will notify the person in charge in writing that the property has been determined to be a chronic nuisance property. The notice will contain the following information:
   1. 1.  The street address or a legal description sufficient for identification of the property;
   2. 2.  A statement that the City Administrator or their designee(s) has determined the property to be chronic nuisance property with a concise description of the nuisance activities leading to the determination;
   3. 3.  Demand that the person in charge respond within 14 days to the City Administrator or their designee(s) and propose a course of action to abate the nuisance activities giving rise to the violation;
   4. 4. A list of possible abatement measures as described in Section 14B.60.035, any city resources that may be available to assist in implementation of abatement measures, clear points of contact and a summary of potential next steps or future actions.
   5. 5.  Service must be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person in charge at the address of the property determined to be a chronic nuisance property, or such other place which is likely to give the person in charge notice of the determination by the City Administrator or their designee(s); and
   6. 6.  A copy of the notice must be served on the owner at the address shown on the tax rolls of the county in which the property is located and/or on the occupant at the address of the property, if these persons are different than the person in charge. Service will be made either personally or by first class mail, postage prepaid.
2. B.  If the person in charge fails to respond as required by Subsection 14B.60.030 B.3., the  City Administrator or their designee(s)may refer the matter to the City Attorney. Prior to referral, the notice required by Subsection 14B.60.030 A. must be posted at the property.
3. C.  If the person in charge responds as required by Subsection 14B.60.030 B.3. and agrees to abate nuisance activities giving rise to the violation, the City Administrator or their designee(s)may postpone referring the matter to the City Attorney. If no agreement concerning abatement is reached within 60 days; or, if an agreed course of action does not result in the abatement of the Nuisance Activities within 90 days, the City Administrator or their designee(s) may refer the matter to the City Attorney.
4. D.  When a person in charge responds to the City Administrator or their designee(s) as required by Subsection 14B.60.030 A.3. any conduct or statements made in connection with the furnishing of that response does not constitute an admission that any nuisance activities have occurred or are occurring. This Subsection does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose.
5. E.  The failure of any person to receive notice as provided by Subsection 14B.60.030 A. will not invalidate or otherwise affect the proceedings under this Chapter.

To effectively address these chronic nuisances, property owners are required to implement abatement measures designed to mitigate the specific nuisances occurring on their property. The following is a list of potential abatement measures that the City Administrator or their designee(s) may select from, ensuring that the actions taken are appropriate for the type of chronic nuisance encountered. In determining what abatement measures should be included in the agreement, the City Administrator or their designee(s) should consider the same factors required of the court as defined in Subsection 14B.60.040 E. Abatement measures include but are not limited to:

1. A. Enhanced security measures:
   1. 1. Install surveillance systems. Deploy high-resolution security cameras with posted signage in strategic locations to monitor and deter illegal or disruptive activities.
   2. 2. Hire security personnel. Employ licensed security guards to patrol the premises during peak hours or as needed.
   3. 3. Improve lighting. Upgrade lighting in all areas of the property to discourage illicit activities, especially during nighttime.
2. B. Access control:
   1. 1. Control entry points. Secure entrances and exits to prevent unauthorized access.
   2. 2. Implement key card or code systems. Use electronic access systems for residents or authorized personnel.
   3. 3. Visitor management. Maintain a log of visitors and enforce visitor policies to prevent unauthorized individuals from entering the property.
3. C. Strict identification procedures:
   1. 1. Verify identification. Require valid government-issued photo ID from all guests, occupants, or tenants, and maintain records as permitted by law.
   2. 2. Limit occupancy. Enforce maximum occupancy limits to prevent overcrowding and unauthorized gatherings.
   3. 3. Prohibit cash-only transactions. Encourage or require electronic payments to create traceable records as permitted by ORS 659A.410.
4. D. No tolerance policy for illegal activities:
   1. 1. Clear policy communication. Post signage stating the property's zero-tolerance stance on illegal activities, as well as information and resources for potential victims.
   2. 2.Lease agreement clauses. Include provisions in lease or rental agreements that prohibit illegal activities and outline consequences.
   3. 3. Immediate action. Reserve the right to evict or remove individuals engaged in unlawful behavior, following legal procedures.
5. E. Employee and management training:
   1. 1. Staff training programs. Educate employees, property managers, or responsible parties on identifying and reporting suspicious activities.
   2. 2. Establish reporting protocols. Create clear procedures for reporting incidents to management or law enforcement.
   3. 3. Regular meetings. Hold periodic meetings to discuss security concerns and updates.
6. F. Collaboration with law enforcement:
   1. 1. Regular communication. Maintain open lines of communication with police to report incidents and receive guidance.
   2. 2. Information sharing. Collaborate by sharing information about individuals involved in nuisance activities, business records, security camera footage, and other documents and information request by Portland Police Bureau in compliance with privacy laws. Any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have occurred or are occurring.
   3. 3. Trespass agreements. Enter into agreements that authorize police to enforce trespass laws on the property, including maintaining a trespass list provided by the property owner or manager. Any enforcement actions under these agreements shall not be considered an occurrence of a nuisance activity.
7. G. Property maintenance and clean up:
   1. 1. Regular waste removal. Schedule frequent removal of trash, debris, and accumulated waste to prevent health hazards.
   2. 2. Vehicle management. Remove or address unregistered, inoperable, or abandoned vehicles, recreational vehicles, bikes, and other items cluttering the property.
   3. 3. Pest control. Implement measures to prevent or eliminate infestations.
8. H. Compliance with Zoning and Code regulations:
   1. 1. Obtain necessary permits. Ensure all structures and uses comply with zoning laws and have required permits.
   2. 2. Address Code violations: Promptly rectify any building or safety code violations identified by inspectors.
   3. 3. Regular inspections. Conduct self-assessments to ensure ongoing compliance.
   4. 4. Clutter removal plans. Develop and implement plans to reduce excessive accumulation of items.
9. I. Implement loitering and trespassing policies:
   1. 1. Enforce anti-loitering measures. Actively discourage loitering by non-residents on the property.
   2. 2. Issue trespass notices. Trespass persons engaged in prohibited conduct and authorize police to enforce criminal trespass to identified individuals engaging in prohibited behavior.
   3. 3. Inform Portland Police Bureau of nuisance activity occurring in the immediate vicinity of the property. Any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have occurred or are occurring.
10. J. Community engagement:
    1. 1. Participate in neighborhood programs. Engage with local community groups and attend meetings focused on safety and crime prevention.
    2. 2. Open communication with neighbors. Foster good relations with neighboring properties to address mutual concerns.
11. K. Legal compliance and consultation:
    1. 1. Stay informed on laws. Keep updated on relevant ordinances and statutes related to property management and nuisance prevention.
    2. 2. Seek legal advice. Consult with legal professionals to ensure abatement measures comply with all applicable laws and regulations.
12. L. Resident and tenant education:
    1. 1. Distribute policy manuals. Provide residents with clear guidelines on property rules and expectations.
    2. 2. Workshops and seminars. Offer educational sessions on topics like community living and legal responsibilities.
13. M. Environmental design improvements:
    1. 1. Landscaping adjustments. Design the property layout to enhance visibility and reduce hiding places.2. Maintenance of common areas. Keep shared spaces clean and well-maintained to promote a sense of community pride.
14. N. Engagement with service providers and advocate groups:
    1. 1. Peer-led partners. Work with peer-led groups, including on-property visits, to increase availability of resources, services, support, and education. 
    2. 2. Communication and information. Post and make available information about resources for victims including support groups, advocate information, and the National Human Trafficking Hotline 888-373-7888. 
    3. 3. Staff training programs. Educate employees, property managers, or responsible parties on identifying victims and providing resources.

1. A. The City Administrator may authorize the City Attorney to commence legal proceedings in the Circuit Court to abate a chronic nuisance property and to seek any appropriate relief, including but not limited to: closure of the property, implementation of specific abatement measures as listed in Section 14B.60.035, imposition of civil penalties against any or all of the persons in charge thereof, securing the property, demolition of structures, or any other remedy deemed appropriate.
2. B. If the Court determines that a property is a chronic nuisance property, the Court may, at its discretion, order any of the following remedies:
   1. 1. Implementation of abatement measures. Require the person in charge to implement specific abatement measures selected from the list provided in Section 14B.60.035, appropriate to address the nuisance activities occurring on the property.
   2. 2. Closure and securing of property. Order that the property be vacated, closed, and secured against all unauthorized access, use, and occupancy for a period deemed appropriate by the Court.
   3. 3. Securing the location. Authorize the City to take necessary actions to secure the property to prevent further nuisance activities.
   4. 4. Disgorgement of revenue and profits attributable to nuisance activity. 
   5. 5. Restitution for persons or groups injured by nuisance activity 
   6. 6. Appointment of a receiver pursuant to ORS Chapter 37.
   7. 7. Revocation of business license. Order the license to conduct business on the property revoked, subject to applicable laws and procedures
   8. 8. Demolition of structures. Order the demolition of structures on the property if deemed necessary to abate the nuisance and in compliance with applicable laws and regulations.
   9. 9. Sale of property. Order that the property be sold, subject to applicable laws and procedures governing the sale of property.
   10. 10. Imposition of civil penalties. Impose civil penalties as outlined in Subsection C.
   11. 11. Additional remedies. Order any other relief the Court deems appropriate to abate the nuisance and prevent its recurrence.
3. C. The Court may impose a civil penalty of up to $1,000 per day for each day nuisance activities occurred on the property following notice pursuant to Portland City Code Subsection 14B.60.030 A., or the cost to the City to abate the nuisance activities at the property, whichever is greater. The amount of the civil penalty shall be assessed against the person in charge and/or the property and may be included in the City's money judgment.
4. D. If satisfied of the good faith of the person in charge, the Court may choose not to award civil penalties if it finds that the person in charge, at all material times, could not, in the exercise of reasonable care or diligence, have determined that the property had become a chronic nuisance property.
5. E. In establishing the appropriate remedy and the amount of any civil penalty, the Court may consider any of the following factors and shall cite those found applicable:
   1. 1. The actions taken by the person in charge to mitigate or correct the nuisance activities at the property;
   2. 2. The financial condition of the person in charge;
   3. 3. The repeated or continuous nature of the problem;
   4. 4. The magnitude or gravity of the problem;
   5. 5. The cooperation of the person in charge with the City;
   6. 6. The cost to the City of investigating and correcting or attempting to correct the nuisance activities; and
   7. 7. Any other factor deemed relevant by the Court.
6. F. The City shall have the initial burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property.

Any summary closure proceeding must be based on evidence showing that nuisance activities exist or have occurred on the property and that emergency action is necessary to avoid an immediate threat to public welfare and safety. Proceedings to obtain an order of summary closure are governed by the provisions of ORCP 79 for obtaining temporary restraining orders. In the event of summary closure, the City is not required to comply with the notification procedures set forth in Subsection 14B.60.030 A.

1. A.  The Court may authorize the City to physically secure the property against all unauthorized access, use or occupancy in the event that the person in charge fails to do so within the time specified by the Court. In the event that the City is authorized to secure the property, the City will recover all costs reasonably incurred by the City to physically secure the property as provided by this Section. The City Bureau(s) physically securing the property will prepare a statement of costs and the City may thereafter submit that statement to the Court for its review as provided by ORCP 68.
2. B.  The person in charge will pay reasonable relocation costs of a tenant if, without actual notice, the tenant moved into the property after either:
   1. 1.  A person in charge received notice of the determination of the  City Administrator or their designee(s) pursuant to Subsection 14B.60.030 B.; or
   2. 2.  A person in charge received notice of an action brought pursuant to Section 14B.60.050.
3. C.  A lien will be created against the property for the amount of the City's money judgment. In addition, any person who is assessed penalties under Subsection 14B.60.040 C. and/or costs under Subsection 14B.60.060 A. is personally liable for payment thereof to the City. Judgments imposed by this Chapter will bear interest at the statutory rate.

1. The Court may, in its discretion, award attorneys’ fees to the prevailing party.