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Chapter 17.06 Administration of Public Works Permitting

City Code Chapter

(Chapter added by Ordinance 183483, effective February 19, 2010.)

17.06.015 Protection of the Public Interest.

(Added by Ordinance 185397, effective July 6, 2012.) 

  1. No provision of this Title shall be construed to create a right in any individual to a permit which in the opinion of the City would be inconsistent with the public interest.

17.06.020 Definitions.

(Amended by Ordinance 191736, effective July 1, 2024.)

  1. For the purposes of this Chapter, the following definition shall apply:
  2. A.   “Public Works Permit” is a permit issued in accordance with Section 17.24.030, Application for Permit, or issued in accordance with Chapter 17.32, Sewer Regulations.

17.06.030 Organization and Rules.

(Amended by Ordinances 189651 and 191736, effective July 1, 2024.)

  1. The Public Works Permit Manager shall establish rules and procedures for appeals. The rules may include, consistent with this Code, a description of agency decisions that are and are not subject to appeal under this Code section.

17.06.040 Appeals Board.

(Amended by Ordinances 185397, 189651 and 191736, effective July 1, 2024.)

  1. A.  Public Works Board of Appeals (PWBA).
    1. 1.  The Board shall consist of three members:  Chief Engineers from the Bureaus of Environmental Services and Water, and the City Engineer or their designees.  Two members shall constitute a quorum.
    2. 2.  The Board annually shall elect a Chairperson from among the three members of the Board.  Meetings of the Board shall be held at the call of the Chairperson, who shall call meetings at the Public Works Permit Manager’s request.
  2. B.  Representation from the Bureaus of Fire, Parks and Recreation Forestry Division or Portland Permitting & Development may be called upon by the Public Works Permit Manager at any time to provide staff support related to appeals to be acted upon by the PWBA.

17.06.050 Appeals.

(Amended by Ordinances 184707, 189651 and 191736, effective July 1, 2024.)

  1. A.  Unless prohibited by this Code and rules adopted by the Public Works Permit Manager, any person whose application for a Public Works Permit is denied or any person who is required pursuant to, or as a written condition of, the grant of a Public Works Permit to incur an expense for the alteration, repair, or construction of a facility in the public right of way, including but not limited to pavement, sidewalk areas, stormwater facilities or utilities may appeal to the Public Works Board of Appeals (PWBA) by serving written notice upon the Public Works Permit Manager.  The following actions are not subject to appeal:
    1. 1.  Approval or denial of requests for design exceptions;
    2. 2.  Previously established City  standards and specifications;
    3. 3.  Decisions related to the assessment of system development charges;
    4. 4.  Matters subject to the authority of any other City appeal body;
    5. 5.  Matters which may be appealed through City or state land use processes. 
  2. B.  A permit decision, requirement or condition may only be appealed if it is in writing and only on the grounds that it is inconsistent with or contrary to City Code, rules, standards, policy, or is a misapplication or misinterpretation, thereof.
  3. C.  An appellant shall serve written notice of appeal on the Public Works Permit Manager challenging an appealable permit decision, requirement, or condition. The notice of appeal shall be in such form as specified by the Public Works Permit Manager, and shall be accompanied by a fee, which shall be set on an annual basis by City Ordinance, and served within the time for appeal specified in Subsection F. of this Section.
  4. D.  Content of the appeal.  The appeal must be submitted on forms provided by the Public Works Permit Manager.  All information requested on the form must be submitted.  The appeal request must include:
    1. 1.  The public works permit number appealed;
    2. 2.  The appellant's name, address, signature, phone number;
    3. 3.  The grounds for the appeal including, at a minimum, the specific City Code provision, rule, standard, or policy with which the decision, requirement, or condition is claimed to be in conflict and a detailed explanation of the alleged conflict;
    4. 4.  The relief requested; and
    5. 5.  The required fee.
  5. E.  The PWBA may approve, approve with conditions or deny the requested relief.  Any such decision made must be consistent with applicable City Code, rules, standards and policies.  If the PWBA determines that the requested relief cannot be granted without a change to City policy the PWBA may recommend such a change in writing to the Directors of the Bureaus of Transportation, Water, Environmental Services and Portland Permitting & Development and may incorporate the Directors’ response into its final decision.  The PWBA shall transmit to the appellant and the relevant Bureaus a written decision on the appeal, including a statement of its basis.
  6. F.  Sequence of appeals.  The purpose of the appeals procedures is to identify and resolve appealable issues as early as possible, and to ensure an appeal is fully resolved before an applicant moves to subsequent steps in the permit review process.  The following sequencing requirements apply to appeals:
    1. 1.  Appellant may file an appeal during any phase of the permit application and review process.  However, an appeal must be submitted during the phase in which the decision is made.  For example, a decision made during the 30 percent phase of plan review must be appealed prior to the start of the 60 percent phase.
    2. 2.  The time required to file and process an appeal shall not increase the amount of time allowed by the City for an applicant to file and process a public works permit application. The right to appeal shall expire when the permit expires.
  7. G.  Decisions of the PWBA are final. They may be reviewed by the Circuit Court pursuant to ORS 34.010 to 34.102.