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17.33.070 Enforcement.

City Code Section
  1. A. Violations. It is a violation for any person or responsible party to fail to comply with the requirements of this Chapter or associated rules. Each day a violation occurs or continues may be considered a separate violation. BES may hold each such person or responsible party solely responsible for complying with BES enforcement actions. Violations of this Chapter or associated rules include, but are not limited to:
    1. 1. Failure to make a sewer connection in compliance with the requirements of the Source Control Manual or of this Chapter; 
    2. 2. Failure to convert or abandon a nonconforming sewer connection;
    3. 3. Failure to maintain an existing onsite wastewater treatment system;
    4. 4. Any action to obstruct, impede, or interfere with any officer, employee, contractor, agent, or authorized representative of the City who is engaged in work under an abatement order issued by the Code Hearings Officer;
    5. 5. Failure to comply with a written order of the City Administrator, made under the authority of this Chapter, within the specified time; and
    6. 6. Failure to comply with enforcement actions as identified in Administrative Rule ENB-4.15 (BES Enforcement Program).
  2. B. Enforcement tools. BES may use any or all of the following tools to enforce this Chapter or associated administrative rules: Notice of investigation, warning notice, notice of violation, compliance order, requirement to obtain a permit, notice of termination, withholding of City permits, withholding of City services, violation or nuisance abatement, legal action, criminal case referral, or referral to other regulatory agencies. BES enforcement actions are described in program-specific administrative rules and the BES Enforcement Program administrative rules (PPD item ENB-4.15).
  3. C. Civil penalties. A person or responsible party violating this Chapter or associated rules may be assessed civil penalties of up to $10,000 per day per violation according to program-specific administrative rules and the BES Enforcement Program Administrative Rules (PPD item ENB-4.15). Penalties and other charges will accrue interest from the date of initial City notice assessing the penalty until the penalty is paid in full.
  4. D. Cost recovery. The City Administrator may recover from the person or responsible party all reasonable costs incurred by the City that are attributable to or associated with violations of this Chapter or associated administrative rules per PPD item ENB-4.15.
  5. E. City summary abatement. To the extent permitted by law, the City Administrator may recover from the person or persons responsible for the violation all costs incurred by the City to abate summarily the following:
    1. 1. A violation that is not remedied through required corrective actions;
    2. 2. A situation that poses an imminent danger to human health, public safety, or the environment; or
    3. 3. Continued noncompliance with the Portland City Code or associated rules
  6. F. Notice to responsible parties prior to summary abatement is not required. Following summary abatement, BES will notify all persons identified as having directed or benefitted from the violation. An error in the name of a property owner or address listed in the county assessment or taxation records will not affect the sufficiency of the notice. BES will bill each responsible party in order to recover the costs of the abatement.
  7. G. Nothing in this Chapter is intended to impose liability on the City for any injury or damage resulting from the failure of any person to comply with the provisions of this Chapter.
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