The purpose and intent of this Chapter is to:

1. A. Permit and manage reasonable access to the public right-of-way of the City;
2. B. Conserve the limited physical capacity of those public right-of-way held in trust by the City;
3. C. Ensure that all persons owning or operating facilities within the public right-of-way comply with applicable ordinances, rules and regulations of the City;
4. D. Ensure that the City can continue to fairly and responsibly protect the public health, safety and welfare of its citizens.

1. A. The City has jurisdiction and exercises regulatory management over all public right-of-way within the City, as provided under City Charter, ordinances, and Oregon law.
2. B. The City has jurisdiction and exercises regulatory management over public right-of-way whether the City has a fee, easement, or other legal interest in the right-of-way, and whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means.
3. C. No person may occupy or encroach on a public right-of-way without the permission of the City, as provided under Portland City Code.
4. D. The exercise of jurisdiction and regulatory management of a public right-of-way by the City is not official acceptance of the right-of-way, and does not obligate the City to maintain or repair any part of the right-of-way.
5. E. The City retains the right and privilege to immediately require any person to remove, move or otherwise adjust its facilities located within the public rights-of-way whenever, in the determination of the City Administrator, the public need requires it. If the person ordered to remove, move, or adjust the facility does not do so as directed by the City Administrator, the City may remove, move or otherwise adjust such facilities with its own forces or contract forces and the full cost of such removal, movement or adjustment will be the responsibility of the person responsible for the facility.
6. F. The Bureau of Transportation is the agency responsible for management of the public right-of-way, subject to the approval of the City Administrator.

1. A. Any person desiring to make a public improvement, do work in, or use the street area must first obtain a permit from the City Administrator as prescribed in this Chapter and pay the permit fees set forth in Section 17.24.020, except for maintenance activities allowed without a permit, as set forth in Sections 17.42.020 and 17.42.025.
2. B. Except as set forth in Subsection E. below, no person will be granted a permit to install, construct, reconstruct, repair, alter or maintain facilities for the distribution, transmission or collection of sewer, water, gas, petroleum products, steam, electricity, telecommunications, or other service and any associated wires, cables, poles, conduits, appliances or apparatus in, on, over, through or in any manner beneath the surface of the streets unless that person currently possesses a franchise or privilege granted by the City or is a City bureau charged with providing such service to the public to generate, transmit or provide any such service including but not limited to electricity, telecommunications, natural gas, sewer, water, stormwater, and pipeline services within the City.
3. C. Except for street or transportation facility construction and maintenance work done by or under contract with the City, and except for work allowed to be performed Sections 17.42.020 and 17.42.025, it is unlawful for any person to do any work or perform any act as set forth in this Title without first obtaining a permit. It is unlawful for any person to break up, dig up, cut, excavate or fill in any street or to construct any sidewalk, curb, gutter or to do any work in or upon any street or in any way to tamper with hard surface pavements without first obtaining a permit for it and paying the fee prescribed in Section 17.24.020. The permit must be obtained from the City Administrator unless specifically provided otherwise in this Title.
4. D. The failure of any permittee to comply with all permit conditions or related Code and Charter provisions while doing work in the street area will be reasonable cause for revocation of the permit. Upon revocation of the permit, the City may complete the work and charge such costs to the permittee.
5. E. Licensed plumbing contractors having a valid plumbing permit to install water service lines and a valid authorization from the City Administrator to connect to a public water meter may obtain permits to install water service lines between the property line and the public water meter.
6. F. The City Administrator may issue permits to the Bureau of Environmental Services for street openings to facilitate connections to public sewers and to install, repair and replace sewer mains, laterals, necessary appurtenances and drainage facilities constructed through public and local improvement procedures. The Bureau of Environmental Services must obtain permits from the City Administrator for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.
7. G. The City Administrator may issue permits to the Portland Water Bureau for street openings to facilitate connections to the public water system and to install, repair, and replace water mains, laterals, and necessary appurtenances. The Portland Water Bureau must obtain permits from the City Administrator for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.
8. H. The City Administrator may issue permits to a Public Utility for street openings to facilitate connections to the public utilities systems and to allow the Public Utility to install, repair, and replace its poles, mains, laterals, and necessary appurtenances. A Public Utility must obtain permits from the City Administrator for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.
9. I. When immediate repairs to an existing at grade, underground or overhead installation become necessary as the result of an emergency or accident involving public hazard or interruption of service to subscribers or customers, the emergency repairs may be started or made without permit after notice to the City Administrator. The owner of such facilities must apply for appropriate permits as soon as possible, not to exceed two business days following discovery of the emergency.
10. J. The City Administrator may issue permits to Tri-County Metropolitan Transportation District of Oregon (TriMet) for activities not explicitly identified under any existing or future agreements, including the modifications to any existing or future infrastructure to allow for the attachments of telecommunication facilities. TriMet must obtain permits from the City Administrator for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.

1. A. When issuing permits under this Chapter, the City Administrator may require a construction bond, performance bonds or other form of financial guarantee as a condition of the permit.
2. B. The City Administrator may require a maintenance bond or other financial guarantee as a permit condition. The maintenance bond or other financial guarantee must remain in force as long as the person or that person’s predecessor has facilities located within the public right-of-way.
3. C. The acceptable forms and levels of the required financial guarantees will be established by the City Administrator, as maintained on file in the office of the Bureau of Transportation.

1. A. Insurance. An applicant for a permit under this Chapter must procure insurance, the adequacy of which will be determined by the City Administrator, that names the City as an additional insured entity. The applicant must supply the City with a certificate providing evidence of that insurance prior to issuance of the permit.
2. B. Indemnification. As a condition of a permit issued under this Chapter, the applicant must indemnify, defend, and hold the City and its officers, employees, and agents harmless from and against all claims, suits, and actions of whatsoever nature; damages or losses; and all expenses and costs incidental to the defense thereof, including attorney fees, resulting from or arising out of the activities of the applicant or its officers, employees, agents, or contractors under the permit. In addition, in situations that occur prior to dedication of the right-of-way, the permittee must acknowledge and assume all risk of loss that may arise if the City or any other public agency subsequently requires changes in or additions to plans or refuses to approve all or any part of the permittee’s improvements.

1. A. Except as otherwise provided in Portland City Code, permits to construct, install and/or maintain privately-owned structures in dedicated street area may be issued by the City Administrator only to the owner of the property abutting the half of the street area in which the structure is proposed to be built. Such permits will be revocable at any time as provided in Section 17.24.016. The burdens and benefits of any such permit must run with the property abutting the half of the street area in which the structure is proposed to be built and all such permits must be recorded against the title of the benefitting property except as otherwise specified below. All cost of such recordings must be borne by the permittee. Upon sale or other disposition of the property, the permit must automatically transfer to any new property owner, unless the permit specifically states that it is nontransferable.
2. B. Permits may be issued to parties other than the owner of the abutting property only under the following circumstances:
   1. 1. the Director of the Bureau of Transportation has determined that the permittee is an organization with public responsibilities and is of sufficient permanence to carry insurance, liability and maintenance responsibilities for the full life of the permit; or
   2. 2. the permittee is the owner of a benefited property against which the permit is recorded, and the underlying property owner of the right-of-way has agreed to issuance of the permit; or
   3. 3. as otherwise provided for in Section 17.24.010, Chapter 17.25, Chapter 17.26 and Chapter 17.56.
3. C. The benefits and burdens of permits issued to parties other than the owner of the abutting property must run with the party or property specified in the permit, other portions of Portland City Code notwithstanding.

1. The owner of any real property will be responsible for maintaining any structures in the half of the street area abutting the owner’s property, whether such structures are under City permit or not, except that the abutting owner will not be responsible for the maintenance of structures that have been installed by other than the abutting owner under a permit or other authority granted by the City.
2. The abutting property owner will be liable to any person who is injured or otherwise suffers damage by reason of the property owner’s failure to keep any structure located in the half of the street area immediately abutting his or her property in safe condition and good repair. Furthermore, said abutting property owner will be liable to the City and its officers, agents and employees for any judgment or expense incurred or paid by the City or its officers, agents, or employees by reason of the existence of any such structure in the street area.

Permits for structures in City streets, for public improvements, work in, or use of the street area may be revoked by the City Administrator at any time and for any reason the City Administrator deems to be in the interest of the City, and no grant of any permit, expenditure, or money in reliance thereon or lapse of time will give the permittee any right to the continued existence of a structure or to any damages or claims against the City arising out of revocation.

Upon revocation the permittee, or any successor permittee, must, at the permittee’s own cost, remove such structure or equipment associated with work or use of street area within 90 days after written notice to the permittee by the City of such revocation, unless the City Administrator specifies a shorter period, and must return the street area to the condition of the street area immediately surrounding it, to the satisfaction of the City Administrator. If the permittee does not remove the structure or equipment and/or return the street area to a condition satisfactory to the City Administrator, the City Administrator may do so and the permittee will be personally liable to the City for any and all costs of dismantling the structure or equipment and reconstructing the street area. The costs of removal and reconstruction will be assessed to the permittee and/or will become a lien upon the abutting property until paid by the permittee. The City may sell or otherwise dispose of structures, equipment or parts thereof removed from the public right-of-way under authority of this Section, and the owner of same will not be entitled to any compensation for said items from the City.

The City Administrator may close or by permit allow to be closed temporarily any street or portion thereof for the following reasons:

1. A. To facilitate construction, demolition or installation of facilities on public or private property.
2. B. To restrict vehicular use of an unimproved street for the protection of the public or to eliminate a neighborhood nuisance.
3. C. To provide for block parties.
4. D. To provide for community events.

Such closures will include the requirements of the City Administrator and provide for appropriate insurance as required by the City Administrator protecting the public and the City.

1. The Council may establish fees and charges.  All fees, charges, civil penalties, and fines established by authority of this Title will be listed in the Portland Policy Documents, as amended annually by Council effective with the fiscal year budget.
2. If a larger fee is required elsewhere in this Title for any class of permit, the larger fee will apply. Otherwise, the fees and charges listed in the Portland Policy Documents must be paid unless the City Administrator has granted a specific permit for a different fee.  All fees, charges, civil penalties, and fines established by authority of this Title will be listed in the Portland Policy Documents, as amended annually by Council effective with the fiscal year budget. All fees for recording permits and other documents with the County Recorder must be paid by the property owner or permittee.

1. A. Engineering and superintendence services in connection with public improvement projects will be charged in accordance with Portland Policy Document TRN 3.450 – Transportation Fee Schedule. The Director of the Bureau of Transportation will review actual yearly program costs of engineering and superintendence to ensure that only usual and ordinary costs are included and adjust the rates accordingly.

The Council will establish fees that recover the City’s costs of participating in pre-application conferences and reviewing applications for land use approvals that are required by either Title 33 or Title 34 of Portland City Code.

1. A. Policy.
   1. 1. Fees are not intended to exceed the Bureau of Transportation’s average cost of processing the type of review requested or average cost of participating in pre-application conferences.
   2. 2. Fees will include direct costs and overhead charges.
   3. 3. Fee schedules will be updated annually and made available in the Portland Policy Documents.
2. B. Required fees.
   1. 1. Each request for a pre-application conference must be accompanied by the applicable fee.
   2. 2. All land use review applications requested must be accompanied by the applicable fee.
3. C. Concurrent applications. When more than one review is requested on the same project, the fee for each review will be charged.
4. D. Appeal fees. The process and charges for appeals will be as set forth in Portland City Code Subsection 33.750.030 C., Appeal Fees.
5. E. Fee waivers. The Bureau of Transportation will waive its pre-application and review fees in those cases where the Planning Director has granted a fee waiver under the provisions of Portland City Code Section 33.750.050.
6. F. Refunds. The Bureau of Transportation will refund fees under the following circumstances:
   1. 1. Unnecessary fee. When a fee is accepted by staff for a land use review that is later found to not be required, a full refund will be made.
   2. 2. Errors. When an error is made in calculating the fee, the overpayment will be refunded.
   3. 3. Full refunds.
      1. a. If, upon receipt of the application by the Bureau of Transportation, it is evident that no transportation review is required, the Transportation review fee will be refunded. The determination of whether a Transportation review is required is at the sole discretion of the City Administrator.
      2. b. If the applicant meets the Bureau of Planning and Sustainability’s requirements under Portland City Code Subsection 33.750.060 D. for a 50 percent refund and the Bureau of Transportation has not begun its review, the Transportation review will be refunded. Determination of whether to grant the refund is at the sole discretion of the City Administrator.
   4. 4. No refunds.
      1. a. Appeal fees are not refundable except as set forth in Subsections 33.750.050 B. and 33.750.060 C.2.
      2. b. Pre-application conference fees are nonrefundable except as set forth in Subsections F.1. and 2.
      3. c. No refunds will be given once a review has begun.

1. A. All persons or agencies wishing to construct street or transportation facilities as a public improvement will make application to the City Administrator for a permit.  The application for permit must contain such information as the City Administrator may designate and must specify the nature of the proposed improvement, the name of the street or streets to be improved or in which the improvement is to be located, the location of any off‑street improvements, and the construction completion date.
2. B. A public improvement permit for a street or transportation facility within a land division may be issued prior to recording of the final plat only after the following:
   1. 1. the improvement plans have been approved by the City Administrator,
   2. 2. the final plat, is approvable as determined by Portland Permitting & Development,
   3. 3. any necessary site permits have been obtained from Portland Permitting & Development,
   4. 4. any necessary easements outside the land division have been obtained,
   5. 5. the permittee has provided the following:
      1. a. Acknowledgment that the construction is on private property that will be subject to an easement for public improvements or public right-of-way and that will come under public control upon plat and easement recording with the county.
      2. b. Authorization for City personnel to enter upon the particular private property for the purpose of testing, inspection and surveying if required, during the course of construction of the public improvements.
      3. c. Acknowledgment that City inspection personnel may reject or require correction of work not in accordance with the approved plans and standard specifications, which would prevent future acceptance of the improvements.
      4. d. Acknowledgment that all public utilities to be located in public right-of-way must be installed prior to final acceptance of the public street improvements, or as directed by the City Administrator.
      5. e. Acknowledgment that the plat and easements must be recorded with the County prior to final acceptance of the public improvements.
      6. f. Agreement that the permittee will hold the City harmless against any liability that may occur during construction prior to dedication of the right-of-way or recording of the easement, and further agreement that the permittee assumes all risk of loss that may arise in the event the City or any other public agency subsequently requires changes in or additions to plans or refuses to approve all or any part of permittee’s improvements.
      7. g. Agreement that the permittee will, at the permittee's own expense, maintain the public improvements for a period of 24 months following issuance of a certificate of completion by the City Administrator, as assurance against defective workmanship or materials employed in such improvement.
      8. h. Acknowledgment that the issuance of the permit in no way waives any requirements by the City or any other public agency that may be associated with the development of the land division.
   6. 6. All other conditions established by the City Administrator have been met.

Concurrent with making the permit application, the party desiring the permit must deposit a sum equal to one‑half of the estimated cost of engineering and superintendence as determined by the City Administrator except that when a consultant does the design and survey the deposit will be 20 percent of the estimated cost of engineering and superintendence. This deposit must be determined by using the appropriate schedule of services found in Section 17.24.070. All deposits must be made prior to any design work being done by the consultant. In the event that no permit is issued for the proposed improvement within one year from the time design and plans are reviewed and completed, the City will retain the amount of the deposit as compensation for the preparation of design and plans or efforts of review. If a permit is issued for the proposed improvement within one year from the time such design and plans are completed, the amount of the required deposit will be applied to the cost of the permit fee for such improvements.

1. A. A permit application for a public improvement will be refused when the street grade has not been established, if street grade is applicable directly or indirectly to the proposed improvement, while a proposal to change the grade is pending before the Council, or after plans have been filed with the Council to improve the street.
2. B. The City Administrator may refuse a permit if, in the City Administrator’s judgment, the proposed use or improvement:
   1. 1. Is not suitable in the circumstances,
   2. 2. Will not be uniform with existing or proposed street improvements in the immediate vicinity, or
   3. 3. Includes movement of earth from one portion of street to another.
3. C. The City Administrator may refuse a permit or establish permit conditions for modification or repair of any nonconforming sewer or drainage systems within existing or proposed right-of-way.
4. D. The City Administrator may refuse to issue a permit under this Chapter unless the application is modified as the City Administrator may deem necessary. The City Administrator may require the addition of curbs if a sidewalk improvement is proposed. The City Administrator may require the addition of curbs or sidewalks or both if the proposed improvement is a street improvement. If the City Administrator finds that water main extensions are likely to be needed within five years after the completion of a street improvement, the City Administrator may refuse issuance of a street improvement permit unless the water main extensions are provided before the completion of a proposed street improvement. If an application is made for a street improvement and the City Administrator finds that public service installations will be needed below the surface of the street or that sanitary or storm drainage is necessary or that underground facilities are needed for future street light installations, the City Administrator may refuse the application unless such installations are included within the proposal or are arranged to be completed prior to the completion of the proposed street improvement.

1. A. Any permit issued for the construction of a public improvement or use of the street area may contain such conditions as the City Administrator finds appropriate in the public interest. The permit must specify the kind of work or use allowed by the permit. The date by which the work is to be completed or, if the permit is for use of the street area, the date the use will cease, if applicable.
2. B. The contents of the permit will include but are not limited to the following items:
   1. 1. A requirement for proof of insurance in a form acceptable to the City Attorney. Insurance requirements for use permits will be as specified in TRN-10.21 and per TRN-10.06 Portland in the Streets Administrative Rule.
   2. 2. A requirement that the permittee be responsible for a 24-month quality assurance period following issuance of a certificate of completion.
   3. 3. If the permit is for a local improvement, a requirement for assurance of performance.  If the permit is for a use of the street area, the City Administrator may require an assurance of performance if the City Administrator determines it is needed to protect the public interest.
   4. 4. If the permit is for a local improvement, a schedule setting forth when the permitted activity may begin and the date by which the work will be completed. 
   5. 5. A requirement that all stated fees and charges or estimated fees and charges have been paid and that the applicant will pay the balance of fees and charges above the estimated cost prior to issuance of a certificate of completion.

1. A. Assurance of Performance must be for a sum approved by the City Administrator as sufficient to cover 100 percent of the cost of design, superintendence, and construction of improvements authorized under permit. Such assurance may, at the discretion of the City Administrator, be in the form of separate assurances covering individual stages of a staged development or covering the installation of various individual improvements rather than a single assurance of performance covering 100 percent of the cost of all improvements to the entire land division. Deposits for engineering and superintendence as required by Portland City Code Title 17 or by Title 5 are in addition to the filing of such assurances of performance.
2. B. Assurance of performance for public improvements may be in one of the following forms as approved by the City Attorney:
   1. 1. Surety bond executed by a company authorized to transact business in the State of Oregon.
   2. 2. Irrevocable letter of credit.
   3. 3. Set-aside account
   4. 4. Cash deposit.
   5. 5. City Council passage of a LID Formation Ordinance for a local improvement district.
   6. 6. Other forms as approved by the City Attorney.
3. C. If an applicant for permit fails to carry out the provisions of the application for permit, or the permittee fails to carry out the provisions of the permit, and the City has unreimbursed expenses resulting from such failure, the City will call on the assurance of performance for reimbursement. If the amount of the assurance of performance exceeds the expenses incurred by the City, the City will release the remainder. If the amount of the assurance for performance is less than the expenses incurred by the City, the applicant or permittee will be liable to the City for the difference. Assurance of performance covering stages or portions of a total development may be released as such stage or portion is completed to the satisfaction of the City Administrator. Twenty percent of all funds deposited as assurance of performance will be retained through the maintenance or quality assurance period; other forms of assurance of performance must contain written provisions for a similar guarantee through the maintenance period.

All work done in streets or other public places must be done in the location approved by the City Administrator and in accordance with plans and specifications prepared or approved by the City Administrator. The permit may include conditions, and the conditions will be binding upon the permittee (see Section 17.24.050). All work done will be subject to the rejection or correction requirements of the City Administrator and subject to the final approval of the City Administrator. Any person or entity performing work in the street area must:

1. A. Begin the work promptly and diligently pursue the work until the work is completed;
2. B. Upon completion of the work, make a written report to the City Administrator detailing the manner in which the work was executed, the location of the work and facilities, and other information regarding the work performed as the City Administrator may request. The report must be certified as accurately depicting the horizontal and vertical location, size and type of material of all facilities constructed. The plans need not include details of the nature of the facilities. These plans must be submitted to the City within 60 days after completion of construction. The Director of the Bureau of Transportation may establish the format of such reports.
3. C. When there are two or more curbs on the same side of the street centerline, lay all pipes, mains, sewers, conduits, lines, when the same are to run lengthwise in any street, at a distance at least three and one-half feet from the curb closest to the street centerline measuring toward the center of the street and at least two feet from the curb closest to the street centerline measuring to the outer edge of the street. All connections to the pipes, mains, sewers, conduits, and lines lying lengthwise in the street or to any lot must be installed perpendicular to the curb. In cases where compliance with these regulations would cause unnecessary digging up of pavement, disruption of traffic, place a burden on the street system, or otherwise not be in the best interest of the public, the City Administrator may, in their sole discretion, permit or require the laying of pipes, mains, sewers, conduits, lines, in a different location or manner;
4. D. Keep all stone, macadam, gravel or other pavement material separate from the excavated earth;
5. E. Refill any trench or hole that has been dug or opened in any street for the purpose of reaching or laying any sewer, gas, water or other pipe or main within 24 hours after laying or reaching the sewer, gas, water or other pipe or main, or as directed by the City Administrator, in the following manner:
   1. 1. If the street has not been improved with permanent pavement, the earth excavated from the hole or trench must be refilled and thoroughly compacted until the grade of the roadway previously existing at such trench or hole is reached.
   2. 2. If the street has been improved with permanent pavement, the excavated area must be refilled and compacted to the elevation of the bottom of the permanent pavement, which must be re-laid compactly and made to conform to the grade, base and quality of the surrounding street pavement.
6. F. Erect appropriate traffic control devices and protective measures around the work site, and maintain warning lights or other warning devices as required by the City Administrator at or around the work site during the hours between sunset and sunrise so that pedestrians and operators of vehicles may be duly warned of, and protected from the obstruction;
7. G. Install and maintain erosion control measures as directed by the City Administrator;
8. H. Comply with any other directions given by the City Administrator.

1. A.Utility corridor fill means fill that:
   1. 1. Meets the requirements of the City’s Standard Construction Specifications;
   2. 2. May be handled without the need for monitoring of exposure to contaminants under the Oregon OSHA occupational standards for maintenance workers or the use of personal protection equipment above Level D as described in 29 CFR 1910.120;
   3. 3. Meets the current DEQ definition of clean fill in OAR 340-093; and
   4. 4. The concentrations of any contaminants of concern in the fill material are below the DEQ soil and sediment clean fill screening levels for terrestrial and upland use.
2. B. Right-of-way access area means:
   1. 1. The area within a public right-of-way to a minimum depth of five feet below the final street and sidewalk grade and;
   2. 2. Any additional depth or width necessary for maintenance of public or private infrastructure including but not limited to sewers, hydrants, meters, conduits and pole bases as required by the City Administrator.
3. C.Contaminant barrier means a visual and physical barrier that is of a material, construction and thickness sufficient to minimize transmission of hazardous substances present in the surrounding fill to the utility fill and provide a visual demarcation of the boundary of the utility fill as specified in the City’s standard construction specifications or as approved by the City Administrator.
4. D. In addition to the requirements of this Chapter, permittees must comply with applicable state and federal laws, regulations and orders concerning hazardous substances including but not limited to their use, storage, handling, disposal, remediation, spill reporting and release reporting.
5. E. Except as provided in Subsection 17.24.067 H., all fill placed in the right-of-way access area as part of a project permitted under this Chapter must be utility corridor fill.
6. F. Permittees must excavate soil or fill that does not meet the definition of utility corridor fill that is encountered in the right-of-way access area during permitted work and replace it with utility corridor fill.
7. G. If the soil immediately outside of the right-of-way access area does not meet the definition of utility corridor fill, a contaminant barrier must be placed between the utility corridor fill and surrounding fill.
8. H. On a site-specific basis, the City Administrator may allow the placement of fill that does not meet the definition of utility corridor fill in the right-of-way access area.
9. I. If a permittee is required under state, federal or local law to report a spill or release of hazardous substances that occurs at, on, over, under or affects the public right-of-way, the permittee must notify the Bureau of Environmental Services Spill Prevention and Citizen Response Section within 24 hours of such a spill unless otherwise required by state, federal or local law.
10. J. If a permittee encounters contaminated media within the public right-of-way that poses an imminent threat to human health, the environment, or the waters of the State or requires the use of personal protective equipment above Level D to conduct the permitted work, the Permittee must notify the City Administrator within two business days of encountering the contaminated media.

1. A. The City Administrator will:
   1. 1. Make all necessary surveys;
   2. 2. Mark all grades;
   3. 3. Prepare, fix, and prescribe all plans and specifications;
   4. 4. Provide engineering provisions and approvals;
   5. 5. Test and evaluate all project materials and resources as required;
   6. 6. Inspect and approve all work done. At the option of the City Administrator, Subsections 17.24.070 A.1., 2., and 3. above may be done by a professionally registered consulting engineer working under private contract with the permittee.
2. B. If a permittee, person, or agency seeks to have a public improvement constructed under contract in the name of the City, then the permittee will be charged for engineering and superintendence services in an amount equal to the Director of the Bureau of Transportation estimate of the actual costs of such services in accordance with the provisions of Section 5.48.050. This fee must be paid prior to the issuance of permittee’s permit for public improvement.
3. C. If a permittee, person or agency seeks to have a public improvement constructed under private contract between the permittee and a contractor, or if the permittee desires to do the work personally or have it done under his or her direction, then the permittee will be charged for engineering and superintendence services in an amount computed as follows below. This fee must be paid prior to the issuance of permittee’s permit for public improvements.
4. Engineering and superintendence fees:
   1. 1. City does design and survey ‑ see Subsection 17.24.025 A.
   2. 2. Consultant does design and survey ‑ see Subsection 17.24.025 A.
   3. 3.  Consultant does design, City does survey ‑ see Subsection 17.24.025 A. plus survey actual costs by authority of Section 5.48.030.
5. D. If the specifications or other contract documents are not strictly complied with or the work is not completed within the time specified in the permit, the City Administrator may refuse to accept the work. If the work is refused by the City Administrator, the work will not thereafter be accepted unless corrected to conform to plans and specifications and unless approved by the City Administrator.

1. A. All work done under and in pursuance of a permit must be under the authorization of the City Administrator, who will determine the details of the improvement and whose orders in regard to the improvement and the execution of the same must be obeyed by the applicant for the permit and by the persons doing the work.
2. B. The City Administrator may refuse issuance of permits for work within the street right-of-way to any Person until the requirements of permits previously issued are complied with. This authority includes, but is not limited to, denial of a permit when the applicant is delinquent in payment of fees or City charges for work performed for the applicant by the City or when the applicant has failed to complete work on any previously issued permit or permits.

Any and all plans, specifications, survey notes or other original documents as required by the City Administrator that were either prepared for or produced during the design or construction of a public improvement become the property of the City and must be delivered to the City Administrator prior to their acceptance of the improvement.

During the course of construction and prior to the issuance of a certificate of completion for a public improvement under this Chapter, the City Engineer will inspect the improvement and determine if the various kinds of work performed are in compliance with the plans, specifications and allowances of the permit as to quality of workmanship. Furthermore, the City Engineer will check the improvement for alignment, proper computation of quantities and conformance with the established grade. If all of the work required is completed and done to the satisfaction of the City Engineer, the City Administrator will give a certificate to that effect. The City Administrator may state that the improvement is accepted, if done within the completion date, as set forth above, and within recorded public right-of-way and easements. Otherwise, the acceptance may be made by the City Administrator on the certification of conformity to Code provisions and proper grades filed by the City Engineer.

After any street has been constructed, reconstructed, or paved by City forces, under City contract, or under permit, the pavement surface may not thereafter be cut or opened for a period of five years.

The City Administrator may grant exemptions to this prohibition in order to facilitate development on adjacent properties, provide for emergency repairs to subsurface facilities, provide for underground service connections to adjacent properties or allow the upgrading of underground utility facilities.

When granting exceptions to this regulation, the City Administrator may impose conditions determined appropriate to insure the rapid and complete restoration of the street and the surface paving. Repaving may include surface grinding, base and sub-base repairs, or other related work as needed, and may include up to full-width surface paving of the roadway.

In addition to the street opening permit, any person who is required to partially or fully repave a street must obtain a street improvement permit and be responsible for the full cost of plan review, construction inspection, material testing, bonding, and all other City expenses related to the work.

If the City Administrator determines that final repaving of the street is not appropriate at that particular time for reasons relating to weather or other short-term problems, the City Administrator may grant a delay until proper conditions allow for repaving.

1. A. Definitions.
   1. 1. For the purposes of this Section the transit mall is defined as Fifth Ave and Sixth Ave from the south line of SW Jackson St to the north line of NW Irving Street, NW Irving St from the west line of NW 5th Ave to the east line of NW 6th Ave and SW Jackson St from the west line of SW Fifth Ave to the east line of SW 6th Ave.
   2. 2. Transit mall pavement is defined as all surface paving including the curb and any below grade slab or structural element supporting the surface paving located between the curb lines of the transit mall.
   3. 3.  Emergency for the purpose of this Section means an unanticipated failure of an existing facility that creates a public hazard or an interruption of service to subscribers or customers that cannot be resolved using other routes or facilities.
2. B. No person may undertake any excavation or disturb the transit mall pavement except as provided below.
   1. 1. Maintenance of the brick pavers, curbs, transit way or asphalt pavement by the City or TriMet.
   2. 2. In order to provide for repairs to subsurface facilities made necessary by an emergency.
   3. 3. In order to provide a utility service connection to an adjacent property when the utility can demonstrate to the satisfaction of the Director of the Bureau of Transportation that there is no alternative means of providing service to the property.
   4. 4. The City Administrator may allow a public utility to excavate the transit mall pavement for
      1. a. replacement of an underground facility that has reached the end of its useful life or
      2. b. system expansion necessary to meet the public utilities obligation to serve its customers if, in the opinion of the City Administrator, the public utility has adequately demonstrated that no alternative location or means of providing service can adequately meet that need. The cost of providing service from an alternative location or alternative means will not be a consideration in the City Administrator’s decision.
   5. 5. The City Administrator may require that an applicant requesting to do work under the provisions of Subsection 17.24.105 B.4. provide a minimum of two years’ advance notice of the need to replace or expand facilities to allow for coordination with any planned major maintenance work to be performed by TriMet, the Portland Bureau of Transportation or another utility with permission to operate within Portland.
3. C. When granting permits to excavate or disturb transit mall pavement, the City Administrator will impose conditions determined appropriate to insure the rapid and compete restoration of the transit mall pavement to the originally constructed pavement section and surfacing.
   1. 1.  Any person who is required to reconstruct transit mall pavement must provide engineered plans detailing how the work will be done and the transit mall pavement will be restored. The permittee will be responsible for the full cost of the reconstruction. Full cost includes any City fees and charges including but not limited to plan review, construction inspection, traffic mitigation, material testing, and all other expenses related to the work incurred by the Portland Bureau of Transportation.
   2. 2.  If the City Administrator determines that final restoration of the transit mall pavement is not appropriate at that particular time for reasons relating to weather or other short-term conflict, the City Administrator may grant or order a delay until proper conditions allow for the restoration to occur.

The Director of the Bureau of Transportation will keep a record of improvements under permit and the issuance of permits under this Chapter, and the date of certificate of approval and acceptance if made.

In the event the City Administrator does not accept an improvement made pursuant to permit under this Chapter within one year after completion and tender for approval, then the permittee must remove the same and restore the public area to its prior condition at the permittee's own expense, whenever and to the extent directed by the City Administrator.

1. A. As used in this Section, permit means a valid permit issued under Section 17.24.010 and permittee means a person to whom a permit is issued, or if no permit is required, the person undertaking the work. 
2. B. Cobblestones, also referred to as Belgian building or paving blocks, located in streets of the City are City property and remain City property notwithstanding their excavation by a permittee.
3. C. It is the duty of the Bureau of Transportation to make available to the permittee a copy of the regulations authorized by this Section.
4. D. A permittee must preserve for delivery to the City quantities of 150 or more cobblestones displaced by excavations of City streets. A report of the number and location of the cobblestones must be sent to Portland Parks & Recreation, Operations Division, and the permittee must deliver the cobblestones to a site as directed by Portland Parks & Recreation. The City Administrator may issue additional regulations providing for the preservation of cobblestones excavated from City street areas.
5. E. At the request of the Portland Historical Landmarks Commission, but not less than once annually, Portland Parks & Recreation will advise the Commission of the number of cobblestones then being stored. The deployment of stored cobblestones will be determined by the Portland Historical Landmarks Commission or recommended to the City Council. Criteria for deployment will be established by the Commission.