15.08.010 Succession.
- A. Executive and administrative powers are vested in the Mayor. If the Mayor, for any reason, is unable or unavailable to perform the duties of office under this Title during a state of emergency, the duties will be performed and authority exercised by the first of the following who is available:
- 1. The Mayor’s Chief of Staff;
- 2. The City Administrator;
- 3. Deputy City Administrators in the order designated by the City Administrator in writing and filed with the Bureau of Emergency Management;
- 4. Assistant to the City Administrator;
- 5. City Attorney;
- 6. The Director of the Bureau of Emergency Management; and
- 7. The Directors of Public Safety and Infrastructure Bureaus in the following order: Police Bureau, Fire & Rescue Bureau, Transportation Bureau, Water Bureau, Bureau of Environmental Services, Parks & Recreation Bureau, Bureau of Emergency Communications, Bureau of Human Resources, and thereafter the Directors of the Bureaus largest to smallest as determined by the number of full-time employees.
- B. The authority of the successor to the Mayor’s authority is the same as the Mayor and the duration of succession will be until such time as the Mayor or other official higher in the order of succession is able to perform the duties of office or the state of emergency is terminated.
15.08.020 Authority During a State of Emergency.
- A. Upon the declaration of a state of emergency, in addition to any other power that may lawfully be exercised by a local government, the Mayor may:
- 1. Utilize all City owned resources;
- 2. Direct any city bureaus, departments, or other offices to reallocate funds and utilize and employ city personnel, equipment and facilities for the performance of any activities designated to prevent, alleviate, or recover from actual or threatened consequences due to the emergency.
- 3. Designate persons to coordinate the work of public and private relief agencies operating in the area and exclude from the area, any person or agency refusing to cooperate and work under the City Administrator, or others delegated authority, Unified Command and/or Incident Commander or to coordinate with other agencies engaged in the emergency work;
- 4. Regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods and services;
- 5. Order the removal of debris and wreckage which may threaten the public health or safety on public or private property consistent with the provisions of Portland City Code 15.08.030;
- 6. Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the same on any public street leading to the area designated as an emergency area for such distance as may be deemed necessary under the circumstances;
- 7. Halt the movement of trains, boats or other vehicles into, within or from the City;
- 8. Prohibit or limit the number of persons who may gather or congregate upon any public street, public place or any outdoor place within the area designated as an emergency area;
- 9. Establish a curfew for the designated emergency area which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places;
- 10. To the extent allowed by law, prohibit the sale, carrying or possession of explosives of any kind or weapons of any kind other than firearms on public streets or public places;
- 11. Establish rent controls and provide temporary or permanent housing by purchase, lease or otherwise and to enter into arrangements necessary to prepare or equip the living units for occupancy;
- 12. Order the evacuation of persons from designated areas when necessary for public safety or when necessary for the efficient conduct of activities that minimize or mitigate the effects of the emergency;
- 13. Order such other measures as may be necessary to protect the life, safety and health of persons, property or the environment;
- 14. Adopt rules for the expeditious issuance of permits necessary to address issues that arise from the emergency or disaster;
- 15. Enter into contracts to the extent authorized by Charter Sections 8-104 and 8-105;
- 16. Activate emergency plans; and
- 17. Issue directives that suspend or modify existing bureau or city orders, rules or policies for the duration of the emergency to address or resolve the emergency.
- B. The Mayor may delegate any authority vested in the Mayor.
15.08.025 Authority during a Housing Emergency or Shelter Shortage.
- A. Upon the declaration of a housing emergency or shelter shortage by Council, in addition to any other powers that may be exercised by a local government, the Mayor may:
- 1. Utilize City-owned resources;
- 2. Designate persons to coordinate the work of public, private, or nonprofit relief agencies responding to the housing emergency;
- 3. Provide temporary or permanent housing by purchase, lease or otherwise;
- 4. Order such other measures as may be necessary to protect the life, safety and health of persons, property or the environment;
- 5. Direct the expeditious issuance of permits necessary to address issues that arise from the emergency;
- 6. Enter into contracts to the extent authorized by Charter Sections 8-104 and 8-105; and
- 7. Activate emergency plans.
- B. In its declaration of a housing emergency or shelter shortage, in addition to any other powers that may be exercised by a local government, the Council may waive City Code provisions or administrative rules to the extent necessary to respond to the housing emergency or shelter shortage, provided that, where feasible under the circumstances, Council gives advance notice of waiver of Title 33 provisions.
15.08.030 Declaration of Nuisance.
- A. Debris or wreckage resulting from an emergency is declared to be a nuisance.
- B. The nuisance will be abated as provided by City Code, however, in situations where the public health or safety may be in danger, the City may summarily abate the nuisance and assess the property for the actual cost. Assessment procedures will be followed.
15.08.040 Enforcement and Penalties.
- A. Enforcement of this Chapter may be by civil action as provided in ORS 30.315, or by criminal prosecution.
- B. In addition to any other penalty provided by law, refusal to obey an order issued under the authority of Portland City Code 15.08.020 will be punishable upon conviction by a fine of not more than $500 per occurrence.
- C. Any peace officer may issue a citation for violation of this Section.
15.08.050 Controlling Provisions.
In the event of an emergency, the provisions in this Title control over any conflicting provisions in the Code of the City of Portland.