The purpose of this Section is to protect the public from hazards created by landslides that deposit material on the public right-of-way, remove material from the public right-of-way or threaten the stability of the right-of-way. The intent of this Section is to provide for the immediate abatement of a landslide by the responsible property owner or, if necessary, by the City.

1. For purposes of this Chapter 17.41:
2. A. Costs means any costs, direct or indirect, incurred by the City in the abatement of a landslide. Costs may include, but are not limited to, those associated with the removal of debris, traffic control and barricading, engineering, construction, erosion control, reforestation, restoration and repair of existing public facilities, City overhead as provided in Portland City Code Section 5.48.030, and the revenue service and program of the City Administrator charges established in Subsection 17.12.020 B.
3. B. Landslide means any detached mass of soil, rock, or debris that is of sufficient size to cause damage and moves down a slope or stream channel.
4. C. Owner means the person or persons shown on the most recent property tax records.
5. D. Responsible property means the property or properties abutting that portion of the public right-of-way on which materials have been deposited by a landslide, or property or properties that has caused the instability of the public right-of-way.

This Chapter applies to:

1. A. Landslides that originate on private property and deposit material on the public right-of-way; and
2. B. Landslides in unimproved public right-of-way as defined by Chapter 17.42 of Portland City Code.
3. C. Landslides in public right-of-way caused by actions on property abutting such public right-of-way.
4. D. Landslides that threaten the stability of the public right-of-way.

1. A. A landslide is a public nuisance. The nuisance is subject to abatement as provided by Portland City Code Title 29, except as provided in this Chapter. Abatement by the City will be conducted at the direction of the City Administrator. The City Administrator may direct summary abatement where there is an immediate threat to the public safety.
2. B. Recovery of costs incurred by the City in the abatement of a landslide will be as provided in Title 29, and such costs will be assessed to the responsible property.

1. A. The owner of the responsible property is required to abate the landslide.
2. B. Abatement of a landslide includes:
   1. 1. Immediate work necessary to remove the debris from any areas where it would constitute or create a hazard to the public and to temporarily stabilize the slope; and
   2. 2. Permanent stabilization of the slope, as necessary, through engineered solutions such as retaining walls or riprap. Plans and specifications for permanent stabilization must be prepared by a professional engineer registered in the State of Oregon and must be approved by the City Administrator.
3. C. If summary abatement is not directed, the City Administrator may post notice on the responsible property of the requirement for immediate abatement, including dates by which the abatement must be commenced and completed. Such notice will also be mailed to the owner and/or occupant of the responsible property. If the abatement is not commenced or completed within the time provided in the notice, the City Administrator may cause the landslide to be abated and the costs assessed against the responsible property.
4. D. Where necessary, the City Administrator may also post and mail notice regarding the requirement for permanent stabilization of the slope. Such notice will include the date by which plans for such permanent stabilization must be submitted to the City Administrator. If such plans are not submitted by the stated date, the City Administrator may cause the permanent stabilization portion of the abatement to be accomplished and the cost assessed against the responsible property.
5. E. Before beginning any work in the right-of-way, the owner of the responsible property must obtain the permits required by Chapter 17.24 of Portland City Code.
6. F. A building permit is required for permanent stabilization work performed on private property. Such permits must be approved by the City Administrator.
7. G. If at any stage of the abatement, the owner of the responsible property fails to comply with the requirements imposed by the City Administrator, the City Administrator may cause the abatement to be completed by the City and the cost assessed against the responsible property.
8. H. If there is more than one responsible property, the City Administrator will apportion all costs incurred by the City in abatement based on the front footage of the slide area in the right-of-way.
9. I. Nothing in Portland City Code may be deemed to prevent a party required by this Chapter to pay for abatement of a landslide from exercising any rights the party may have against the party or parties who may have caused the landslide.

Administrative review will be conducted as provided in Portland City Code Title 29, except that the review will be conducted by the City Administrator. An appeal must be to the Code Hearings Officer as provided in Chapter 22.10 of Portland City Code.