A sidewalk means the portion of the street intended for the use of pedestrians. Unless the street area has been designated as a pedestrian mall, or unless the entire street has been designated primarily for pedestrian use, for the purpose of this Chapter, "sidewalk" is that part of a street on the side there of intended for the use of pedestrians, improved by surfacing.

Planting strip and parking strip means the area between the curb, or in the case where there is no curb the edge of the roadway, and the abutting property line not improved by surfacing that is intended for the use of pedestrians. Any openings made in a surfaced area between the roadway and the abutting property line for the purpose of planting trees or other vegetation are considered part of the planting or parking strip. Grates or other coverings of said areas are not considered as surfacing intended for the use of pedestrians.

Owner means the owner of the real property or the contract purchaser of real property of record as shown on the last available assessment roll in the office of the county assessor.

1. A. The owners of land abutting any street in Portland are responsible for constructing, reconstructing, maintaining and repairing the sidewalks, curbs, driveways and parking strips abutting or immediately adjacent to said land, except as provided in Subsections B. and C. The property owners are liable for any and all damages to any person who is injured or otherwise suffers damage resulting from the defective condition of any sidewalk, curb, driveway or parking strip adjacent to said land, or by reason of the property owners’ failure to keep such sidewalk, curb, driveway or parking strip in safe condition and good repair. The property owners are liable to the City for any amounts that may be paid or incurred by the City by reason of all claims, judgment or settlement, and for all reasonable costs of defense, including investigation costs and Attorney fees, by reason of the property owners’ failure to satisfy the obligations imposed by the Charter and Portland City Code to maintain, construct, and repair such sidewalks, curbs, driveways and/or parking strips.
2. B. Curbs are maintained by the City except when in combination with the sidewalk and when they have been willfully damaged or damaged by tree roots. Intersection corners and curbs adjacent to them may be installed by the City when sidewalks and curbs are constructed up to the intersection on the same side of the street.
3. C. Green street or other public stormwater management facilities located within the right of way may be modified or repaired only by the City or under an appropriate permit from the City Administrator.
4. D. The City Administrator will maintain general construction and maintenance specifications for sidewalks, curbs, driveways and/or parking strips. The City Administrator will use the specifications to determine compliance with this Chapter of Code. The City Administrator will provide copies of the specification to any person upon request, and make the specifications available for public inspection during normal office hours.

1. A. The owners and occupants of land adjacent to any street in Portland are responsible for snow and ice removal from sidewalks abutting or immediately adjacent to such land, notwithstanding any time limitations.
2. B. Property owners and occupants are liable for any and all damages to any person who is injured or otherwise suffers damage resulting from failure to remove snow and/or ice accumulations.
3. C. Property owners and occupants are liable to the City for any amounts paid or incurred consequent from claims, judgment or settlement, and for all reasonable investigation costs and attorney fees, resulting from the responsible property owner’s or occupant’s failure to remove snow and ice accumulations from such sidewalks as imposed by this Code.

Where the sidewalk or curb in front of any lot, part thereof, or parcel of land is or becomes so worn or deteriorated as, in the opinion of the City Administrator, to require a new sidewalk or curb to be constructed, or where no sidewalk or curb exists and, in the opinion of the City Administrator, a sidewalk or curb or both are needed, the City Administrator will post a notice on the adjacent property headed “Notice to Construct Sidewalk” (or curb, or both). The notice will in legible characters direct the owner, agent, or occupant of the property immediately to construct a sidewalk or curb or both in a good and substantial manner and in accordance with the City ordinances, regulations and plans for the sidewalk or curb, which will be furnished by the City Administrator upon application. The revenue service and program of the City Administrator will file an affidavit of the posting of the notice, stating when and where the same was posted, and will furnish upon request proper specifications, standards and information for the construction thereof. The City Administrator will send by mail a notice to construct the sidewalk or curb, or both, to the owner of the property, if known, or to the agent of the owner, if known, directed to the post office address of the owner or agent, when the post office address is known to the City Administrator. If the post office address is unknown to the City Administrator, the notice will be directed to the owner or agent at the address where the notice was posted. A mistake in the name of the owner or agent, or a name other than that of the owner or agent of such property, or any mistake in the address, will not render void the notice, but in such case the posted notice will be sufficient.

1. A. All newly constructed or reconstructed sidewalk intersection corners must have included, either within the corner or within the curb area immediately adjacent to the corner, ramps allowing access to the sidewalk and street by persons with disabilities as mandated by the Americans with Disabilities Act.
2. B. The ramps referred to in Subsection A. must be constructed in a good and substantial manner and in accordance with the plans and specifications established by the City Administrator. The particular plan to be used at a given intersection corner must be appropriate to the location as determined by the City Administrator.

In case three or more adjacent properties are posted with notice to construct a sidewalk, curb, or both as set forth in Section 17.28.030, they may petition for such construction as a local improvement. Otherwise, it is the duty of the owners of properties posted with such notice to construct the sidewalk, curb, or both. Before constructing the sidewalk, curb, or both, the owner, designated agent or the occupant of the property intending to construct the sidewalk, curb, or both must obtain from the City Administrator a permit for the construction that will prescribe the kind of sidewalk, curb, or both to be constructed, the material to be used and the width of the sidewalk, curb, or both. After notice to construct sidewalk, curb, or both has been posted, the owner, agent or occupant must construct the sidewalk, curb, or both within 30 days from the date of posting or within that time must show cause, if any, by a written remonstrance addressed to the City Council stating why the sidewalk, curb, or both should not be constructed. The Council will grant a hearing to the remonstrator at a regular meeting as soon thereafter as the same can be filed on regular Council Calendar. The Council will then determine whether or not the sidewalk or curb, or both, must be constructed.  If the remonstrator is not present at the time of such determination by the Council, the revenue service and program of the City Administrator will notify the remonstrator of the Council’s determination by mail sent to the address given upon the written remonstrance. Failure of the revenue service and program of the City Administrator to send the notice, or failure of the remonstrator to receive it, or any other mistake of the notice will not render void or ineffective the lien to be imposed upon the property in the event of City construction. If the Council determines that the sidewalk, curb, or both must be constructed, the owner or designated agent or the occupant must within 10 days afterwards begin the construction of the sidewalk, curb, or both and diligently prosecute the work to final completion.

If no petition for local improvement is filed, and if the owner, agent or occupant of property posted with notice construct sidewalk or curb, or both, fails, neglects or refuses to begin the construction of the sidewalk or curb within 30 days after posting of notice, or within 10 days after order by the Council in the event of a remonstrance, the City may construct the sidewalk or curb as soon thereafter as such work can be conveniently scheduled. The cost for the City to have the repairs made may be assessed upon the property.

The City Administrator will determine the distance between the improved sidewalk and the property line, which, in residential areas, is generally two feet unless a different distance is specified. The width of the improved sidewalks, the grade thereof, materials for construction or reconstruction, and the location and size of curbs, will be designated by the City Administrator. The class and kind of any fill materials and requirement thereof will be designated by the City Administrator. Based on a finding of necessity, the City Administrator may permit installation of a temporary sidewalk for a specified period, and the City Administrator will designate specifications for the temporary improvement.

Bicycle parking in the right-of-way adjacent to multifamily, commercial, institutional, employment, or industrial land uses helps to achieve the City's goal of making the bicycle an integral part of daily life in Portland. Bicycle parking in the right-of-way provides convenient, accessible, and clearly visible parking in areas where buildings are generally built to the sidewalk.

1. A. As a part of street improvements adjacent to developing or redeveloping property, the City Administrator may, where determined appropriate and practicable, require one or more bicycle racks.
2. B. The location and type of rack will be determined by the City Administrator based on sidewalk width, location of other elements in the right-of-way, and adjacent land uses.
3. C. Bicycle Parking Fund. An owner of a building without surface parking, or without parking or open areas within 50 feet of the main entrance may choose to pay a fee to the Bureau of Transportation Bicycle Parking Fund in lieu of short-term bicycle parking required by Table 266-6 in Portland City Code Title 33, Planning and Zoning. The Bureau of Transportation will use the collected fees to install bicycle parking and associated improvements in the right-of-way.
   1. 1. Authority. The City Administrator may adopt administrative rules as authorized by Charter.
   2. 2. Calculation of required fund contributions. Applicants must contribute the cost to purchase, install and maintain bicycle parking and associated improvements. The cost to purchase, install, and maintain bicycle parking will be adjusted annually as determined by the City Administrator.
   3. 3. Payment. The Bicycle Parking Fund fee is due to be paid upon issuance of a building permit. The City Administrator may refund the Bicycle Parking Fund fee where the development approved by building permit is not constructed and the building permit is cancelled.
   4. 4. Width of sidewalk corridor. The sidewalk corridor where bicycle parking is to be installed must meet or exceed the width recommended in the Pedestrian Design Guide for installation of bicycle parking. In no case may bicycle parking, installed through the Bicycle Parking Fund be placed in a sidewalk corridor of less than 10 feet in width.

After a sidewalk has been improved or constructed, either alone or in combination with a curb, the owner of land abutting the street area in which the sidewalk has been constructed is responsible for maintaining such sidewalk and curb in good repair.  If the City Administrator finds that any such sidewalk or curb needs repair, the City Administrator may post a notice on the adjacent property headed “Notice to Repair Sidewalk” (or curb) that will in legible characters direct the owner, agent, or occupant of the property immediately to repair the sidewalk or curb, or both in a good and substantial manner in accordance with the plans, specification and regulations of the City. The City Administrator will send by mail a notice to repair the sidewalk or curb, or both, to the owner, if known, of such property, or to the agent (if known) of the owner, directed to the post office address of the owner or agent when known, or if the post office address is unknown, the notice will be directed to the owner or agent at the address where the notice was posted. A mistake in the name of the owner or agent, or a name other than that of the true owner or agent of the property, or mistake in address will not invalidate said notice, but in such case the posted notice will be sufficient.

After notice to repair defective sidewalk or curb, or both, has been posted, the owner, agent or occupant must make the repairs within 60 calendar days from the date of posting. Any person desiring to repair a defective sidewalk, curb or both, either before or after notice to repair has been posted, must first obtain a permit. The permit will prescribe the kind of repair to be made, the material to be used, and specifications therefore, including the location and size. Any person desiring to construct or reconstruct sidewalk or curb, or both, must first obtain a permit therefore and pay the fees elsewhere prescribed in Chapter 17.24.

If the owner, agent or occupant of any lot, part thereof or parcel of land that has been posted with notice to repair a sidewalk or curb, or both, fails, neglects or refuses to make repairs within the period of 60 calendar days after posting, the City Administrator may as soon as the work can be conveniently scheduled, make the repairs, and the cost will be determined and assessment made as provided in this Chapter.

1. A. Purpose. Ensure that driveway locations promote the safe and orderly flow of pedestrians, bicycles, and vehicular traffic, preserve on-street parking, preserve or establish street trees, maximize opportunities for vegetated stormwater management, reduce conflicts with pedestrians and bicycles and enhance the pedestrian environment.
2. B. Authority. The City Administrator may issue a permit to construct a driveway in the public right-of-way subject to the conditions and requirements of this Chapter. The City Administrator may refer any driveway permit application to the Oregon Department of Transportation for a review of the operation, location and width. The City Administrator may recommend such conditions and limitations regarding the location and operation of driveways as are found necessary to ensure the safe and orderly flow of pedestrian, bicycles and vehicular traffic, avoid adverse effects on transit operations, and preserve on-street parking.
   
   The City Administrator may require an applicant for a driveway permit to provide evidence that the proposed driveway will access legal parking and maneuvering space on property as specified in Portland City Code Title 33. The City Administrator may refuse to issue a permit if the applicant cannot show evidence Portland Permitting & Development has determined that the driveway will access a legal parking space.
   
   The City Administrator may require repair and/or reconstruction of an adjacent or abutting driveway, curb or sidewalk, or a portion thereof that will be impacted as a result of the construction of a new or reconstructed driveway.
3. C. Driveway definition: For the purposes of this Code section, a driveway is a gravel or paved way for vehicular traffic extending from the roadway to the adjacent property line(s) for the purpose of providing access to parking as provided under Portland City Code Chapter 33.266.
4. D. Reconstruction and revocation of existing driveways.
   1. 1. The City Administrator may revoke any driveway permit or require the modification of any driveway if:
      1. a. The area occupied by the driveway is needed for right-of-way purposes; or
      2. b. Continued operation of the driveway interferes with the safe and orderly flow of pedestrians, bicycles or vehicular traffic; or
      3. c. The abutting owner has failed to comply with all specifications and conditions of the permit; or
      4. d. The driveway does not access a legal parking space on abutting property per Portland City Code Title 33.
   2. 2. The Council may revoke any driveway permit if it deems such action will be in the public interest.
5. E. Enforcement: Within 60 calendar days of written notice from the City Administrator to close or modify a driveway, the abutting property owner must obtain any required permits and make the required corrections. If the abutting owner fails to make the required corrections within 60 calendar days, the City may perform the required work at the expense of the abutting property owner and the cost will be determined and assessment made as provided in this Chapter.
6. F. Exceptions. For any driveway that does not conform with the requirements of this chapter and administrative rule TRN-10.40, review and approval through a Driveway Design Exception is required. Any applicant requesting a Driveway Design Exception must provide information, as determined necessary by the City Administrator, to support the application. The City Administrator may establish conditions and limitations deemed necessary to ensure the safe and orderly flow of pedestrian and vehicular traffic. Appeal of the decision can be submitted in writing to the City Administrator. The City Administrator will review the determination and send a final decision to the applicant.
7. G. References. Refer to administrative rule “TRN-10.40 – Driveways – Operation and Location” for additional requirements.
8. Refer to City of Portland Standard Drawings for additional design requirements.

After a driveway has been constructed, it will be deemed a part of the sidewalk whether or not there is a sidewalk improvement extending along the balance of the frontage property, for all purposes of repair or reconstruction. Requirements relating to construction or reconstruction of a sidewalk as provided in this Chapter, are applicable to reconstruction of a driveway, except that the property owner will have no option to petition for a local improvement solely for such purpose.

If the City Administrator finds that any driveway does not conform to the requirements of this Chapter and should be reconstructed for the protection or convenience of pedestrians or vehicles using the street area, the City Administrator may post notice and require the reconstruction or removal of the driveway. If the abutting property owner fails to make the required corrections within 60 days the City may perform the required work at the expense of the abutting property owner, and the cost will be determined and assessment made as provided in this Chapter.

The property owner will be charged for the construction, reconstruction or repair of sidewalks, curbs and driveways. The cost for the City to have repairs made will be assessed as a lien upon the property.

1. A. Special structural, excavation and fill jobs and jobs in areas of traffic and pedestrian congestion will be charged at the discretion of the City Administrator. Determination of whether a job is of special type will be made by the City Administrator.
2. B. Cost basis charges for work may be made at the discretion of the City Administrator if the actual cost can be conveniently and accurately determined.

1. A. When work is completed by the City on any construction, reconstruction or repair of a sidewalk, curb or driveway, the amount of the charge will be determined by the City Administrator and reported to the revenue service and program of the City Administrator. The revenue service and program of the City Administrator will calculate a proposed assessment that includes the amount of the improvement charge plus 10 percent of the charge to defray the administrative costs of notice, assessment and lien recording.
2. B. The revenue service and program of the City Administrator will prepare a proposed assessment notice for the owner of each property or the owner’s agent of the affected property as shown in the County tax records. The notice will be mailed at least 21 calendar days before the public hearing on the proposed assessment, and the notice will consist of the following information:
   1. 1. The legal description and site address of the property;
   2. 2. The amount of the proposed assessment against the property;
   3. 3. The manner and deadline for filing a written remonstrance to the proposed assessment amount;
   4. 4. The date, time and location of the public hearing for Council consideration of the proposed assessment; and
   5. 5. Contact information for sidewalk repair.
3. C. Any owner of property proposed to be assessed for sidewalk repair may file a remonstrance to the proposed assessment with the revenue service and program of the City Administrator. The remonstrance must be in writing and received by the revenue service and program of the City Administrator via US mail or hand delivered no later than 5:00 PM eight calendar days prior to the hearing by the City Council on the proposed final assessment. Upon receipt of a timely filed remonstrance, the revenue service and program of the City Administrator will remove the property from the filing of the proposed assessment before the City Council hearing date, and will refer the remonstrance to the responsible bureau for follow-up and response.
4. D. The revenue service and program of the City Administrator will mail the proposed assessment notice by first class mail to the owners of the affected property. The notice will be deemed given upon deposit in the U.S. mail.

1. A. The revenue service and program of the City Administrator will refer to the City Administrator or responsible bureau all remonstrances and remove from further assessment action the proposed assessments that are associated with the remonstrances. The City Administrator or responsible bureau will review each remonstrance by taking the following actions:
   1. 1. Determine whether the improvement work was required by Code and whether the conditions required the improvements, whether the required improvements are consistent with Code and City specifications, and whether the improvement charges are calculated as provided by Code; and
   2. 2. Determine the extent of actions or adjustments that are necessary to bring the proposed assessment into compliance with Code and program standards; and
   3. 3. Mail a statement of findings to the remonstrating property owner, and file a copy with the revenue service and program of the City Administrator.  The findings will include a statement that the property owner may appeal the determination.
   4. 4. If a property owner concludes that this determination is not consistent with City Code, they may request an appeal before a Code Hearings Officer under the provisions of Portland City Code Chapter 22.10. The associated property will be removed from further assessment action until the appeal is resolved. The Code Hearings Officer will notify the appellant and the revenue service and program of the City Administrator of their determination. The affected property will be included in the next group assessment for City Council approval, unless the Code Hearings Officer annuls, reverses, or remands the assessment or the Code Hearings Officer’s decision is appealed by writ of review.
2. B. Following adoption of the assessing ordinance, the revenue service and program of the City Administrator will mail a final assessment notice to the owners of the affected property as shown on the last available assessment roll in the office of the county assessor. The notice will be deemed given upon deposit in the U.S. mail. The notice will contain the following information:
   1. 1. The legal description and site address of the property;
   2. 2. The final assessment amount;
   3. 3. A statement that the final assessment is recorded in the docket of City liens, and is a lien that has first priority against the property as provided by state statute;
   4. 4. The manner and deadline for paying the final assessment in full or requesting to pay the final assessment in installments if authorized by Code;
   5. 5. The interest, penalties and collections costs that may be charged if the final assessment is not paid or an installment payment contract is not filed before the deadline contained in the notice; and
   6. 6. A statement that delinquent final assessments may be collected by foreclosure and property sale.
3. C. The revenue service and program of the City Administrator will maintain a docket of City liens containing final assessments on property. Any unpaid final assessment will be recorded in the City lien docket, and it will be binding upon the property owner and all subsequent property owners of the property or any segregated part of it. The docket will stand thereafter as a lien docket the same as ad valorem property taxes assessed in favor of the City against each lot or parcel of land until paid, for the following:
   1. 1. The amount of the unpaid final assessments docketed, with accrued interest at the rate determined by the City Council, or in the case of an installment contract, at the rate set forth in the contract; and
   2. 2. Any additional interest, penalties, or billing charges imposed by the City with respect to any installments of final assessments that are not paid when due.
4. D. All unpaid final assessments together with accrued and unpaid interest and penalties and billing charges are a lien on each lot or parcel of land respectively, in favor of the City and the lien will have first priority over all other liens and encumbrances whatsoever.
5. E. The City will enforce assessment liens and installment payment contracts under this Chapter in the same manner as other City assessments as set forth in Portland City Code Title 5.