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Title 17 Public Improvements

Chapter 17.04 Definitions

(Chapter replaced by Ordinance No. 185397,  effective July 6, 2012.)

17.04.010 Definitions.

(Amended by Ordinance Nos. 186902, 189629, 189837, 190307 and 190479, effective June 30, 2021.) The following definitions apply to the entirety of Title 17. Additional section-specific definitions may be found in other sections.

A.  “Alley” has the definition provided by Section 33.910.030.

B.  “Best Management Practices (BMPs)” means operational, maintenance and other practices that prevent or reduce environmental, health or safety impacts. BMPs include structural controls, modification of facility processes, and operating and housekeeping pollution control practices.

C.  “Brownfield” means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.

D.  “Building Permit” means a permit required under Chapter 24 or state administrative rule to erect, construct, enlarge, alter, repair, move, improve, remove, convert, change occupancy group of, or demolish any building or structure, or to do any clearing or grading, or cause any of the same to be done.

E.  “Chief Engineer” means the engineer with the authority to act as the official agent of the bureau or department responsible for a local or public improvement or the lawfully designated subordinate of the City Engineer. For the Bureau of Transportation this shall be the City Engineer, for the Bureau of Environmental Services this shall be the Chief Engineer of the Bureau of Environmental Services, and for the Portland Water Bureau this shall be the Chief Engineer of the Portland Water Bureau.

F.  “City Engineer” means the duly appointed City Engineer, or appropriate designees.

G.  “Department of Environmental Quality (DEQ)” means the Oregon Department of Environmental Quality.

H.  “Development” means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage or activities which create the need for additional usage or construction of public infrastructure.

I.  “Director of the Bureau of Environmental Services” means the duly appointed Director of the Bureau of Environmental Services, or the lawfully designated subordinate of the Director of Environmental Services acting under the orders of the Director of the Bureau of Environmental Services.

J.  “Director of the Bureau of Transportation” means the duly appointed Director of the Bureau of Transportation, or the lawfully designated subordinate of the Director of the Bureau of Transportation acting under the orders of the Director of the Bureau of Transportation.

K.  “Dwelling Unit” means a building or a portion of a building consisting of one or more rooms which may include sleeping, cooking, and plumbing facilities and are arranged and designed as living quarters for one family or household.

L.  “Engineer’s Estimate” means the calculation of anticipated total dollar cost of the construction of a public or local improvement project as determined by the Chief Engineer. The estimate is used in determining the face value of performance bonds where applicable.

M.  “EPA” means the United States Environmental Protection Agency.

N.  “Frontage” means the length of public right-of-way adjacent to a property, measured in feet.

O.  “Lateral” means the underground pipe that connects the plumbing system of a building or buildings to a public or private sewer.

P.  “Local Improvement” means an improvement of, on, over or under property that is or will be owned or controlled by the public, by construction, reconstruction, remodeling, repair or replacement, when the improvement is determined by the Council to confer a special benefit on certain properties, and such properties are to be charged through assessment all or a portion of the improvement cost.

Q.  “Local street” means any street classified as a Local Traffic Service Street in the City’s adopted Transportation System Plan.

R.  “Oregon Administrative Rules (OAR)” means the State of Oregon Administrative Rules as amended.

S.  “Owner” means an owner-of-record of real property according to the appropriate county’s assessment and taxation records.

T.  “Person” means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, and/or the manager, lessee, agent, servant, officer, or employee of any of them.

U.  “Projected Future Curbline” means:

1.  The location of the curbline as designated on City plans for street construction;

2.  To the edge of existing pavement; or

3.  To the appropriate width of the designated street classification as described in TRN-1.09 Design Standards for Public Streets.

V.  “Public Improvement” means an improvement of, on, over or under property owned or controlled by the City, or property to be controlled by the City upon plat and easement recording for approved land divisions, by construction, reconstruction, remodeling, repair or replacement, when no property is intended to be charged through assessment any portion of the improvement cost.

W.  “Public Sewer” means the entire City sewage, sludge, and stormwater collection, conveyance, treatment, pollution reduction, reuse, and disposal systems, including all pipes, ditches, sumps, manholes, and other system components that:

1.  Have been designed for the collection and transport of stormwater, wastewater, or sanitary sewage received from street inlets, sewer service laterals and common private sewer systems; and

2.  Were

a.  Constructed by the City’s Bureau of Environmental Services; or

b.  Accepted by the City’s Bureau of Environmental Services under Section 17.32.055.

X.  “Public Utility” means a person currently possessing a franchise or privilege granted by the City of Portland to provide utility service, or is a City bureau charged with providing utility service, to the public to generate, transmit or provide any such service within the City, including but not limited to electricity, telecommunications, natural gas, sewer, water, stormwater, cable or pipeline services.

Y.  “Public Works Project” means any project performed or financed by a local, state, or federal government that results in the construction of a Local Improvement or a Public Improvement.

Z.  “Responsible Engineer" as used in this title means the Engineer with the authority to act as the official agent of the bureau or department responsible for a local or public improvement or the lawfully designated subordinate of the Responsible Engineer. For the Portland Bureau of Transportation this shall be the City Engineer; for the Bureau of Environmental Services this shall be the Chief Engineer of the Bureau of Environmental Services; and for the Portland Water Bureau this shall be the Chief Engineer of the Portland Water Bureau.

AA.  “Responsible Official” means the Official with the authority to act as the official agent of the bureau or department or the lawfully appointed subordinate of the Responsible Official. For the Bureau of Transportation, this shall be the Director of the Bureau of Transportation as defined in this Section. For the Bureau of Environmental Services, this shall be the Director of the Bureau of Environmental Services as defined in this Section. For the Portland Water Bureau, this shall be the Director of the Portland Water Bureau as defined in this Section.

BB.  “Street” means any street as defined in the City Charter, including all area between property lines, and area dedicated to street use.

CC.  “Tri-County Metropolitan Transportation District of Oregon (TriMet)” is a public agency established under ORS 267.010 to 267.390 that operates mass transit which spans most of the Portland metropolitan area, and/or the manager, lessee, agent, servant, officer, or employee of the organization.

Chapter 17.06 Administration of Public Works Permitting

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

17.06.010 Purpose and Scope.

  1. This Title establishes regulations affecting or relating to Public Works Permit Improvements.

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.

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

17.06.030 Organization and Rules.

(Amended by Ordinance 189651, effective September 6, 2019.)

  1. A.  The Public Works Permitting Section shall administer the provisions of this Chapter.
  2. B.  The personnel of the Public Works Permitting Section shall consist of a Public Works Permit Manager and other employees as may be allowed and provided by City Council. Such personnel may act to enforce provisions of this Title. The Public Works Permit Manager shall report to the Development Division Managers of the Bureaus of Transportation, Environmental Services, and Water.
  3. C.  The Public Works Permitting Section shall reside in the Bureau of Transportation Budget.  Each year the Bureaus of Transportation, Environmental Services, and Water shall negotiate and implement an Interagency Agreement to manage administration and operations of the Section.
    1. 1.  The Public Works Permit Manager, under the direction of the three Development Division Managers for the Bureaus of Transportation, Environmental Services and Water, and in consultation with the City Engineer and Chief Engineers of the Bureaus of Environmental Services and Water, 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 Panel and Appeals Board.

(Amended by Ordinances 185397 and 189651, effective September 6, 2019.)

  1. A.  Public Works Administrative Appeals Panel (PWAAP).
    1. 1.  The PWAAP shall consist of five members.  No quorum is required for deliberation or decision.
      1. a.  The Panel shall include the three Development Division Managers or equivalent on the Bureaus of Transportation, Environmental Services, and Water or their designees.
      2. b.  Mayor Appointed Members.
        1. (1)  The Panel shall include one representative from the Development Review Advisory Committee (DRAC) and one from the City who has a strong interest or background in neighborhood land use and development activities.  The Mayor may solicit nominations from the Chairs of the City’s Neighborhood Association Land Use Committees or, if an association has no land use chair, the Neighborhood Chair.
        2. (2)  The Mayor shall appoint a qualified member and an alternate for each member. The alternate shall attend meetings and vote when the member is unavailable. Appointed Panel members and alternates shall serve a term of two years.  However at the creation of the PWAAP, the initial term one DRAC and a City at large member shall be for three years to stagger membership for continuity with appointed members.  The Mayor shall appoint and may remove any member or alternate from the Panel at any time.
        3. (3)  Members of the Panel shall be public officials within the meaning of state and local laws pertaining to ethics.
        4. (4)  Appointed members of the PWAAP shall serve without compensation.
    2. 2.  The PWAAP shall annually elect a Chairperson from among the three development division manager members of the Panel.  Meetings of the PWAAP shall be held at the call of the Chairperson, who shall call meetings at the Public Works Permit Manager’s request.
  2. B.  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.
  3. C.  Representation from the Bureaus of Fire, Parks and Recreation Forestry Division or Development Services 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 PWAAP or PWBA.

17.06.050 Appeals.

(Amended by Ordinances 184707 and 189651, effective September 6, 2019.)

  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 Administrative Appeal Panel (PWAAP) 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 H. 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 PWAAP may approve, approve with conditions or deny the requested relief.  Any such decision must be consistent with applicable City Code, rules, standards and policies.  The decision of the PWAAP, including a statement of its basis, shall be transmitted to the appellant and the relevant Bureaus in writing.
  6. F.  The appellant may appeal the PWAAP decision to the Public Works Board of Appeals (PWBA) by serving written notice on the Public Works Permit Manager.  Failure to do so shall constitute waiver of any objections to the decision.  The allowable grounds for appeal to the PWBA are as stated in Subsection B. of this Section.  The request for appeal to the PWBA must include all items as stated in Subsection D. of this Section, and must be made within the time for appeal specified in Subsection H. of this Section.
  7. G.  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 Development Services 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.
  8. H.  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.
  9. I.  Decisions of the PWBA are final. They may be reviewed by the Circuit Court pursuant to ORS 34.010 to 34.102.

Chapter 17.08 Local Improvement District Procedure

(Chapter replaced by Ordinance 177124; Amended by Ordinance 190816, effective June 17, 2022.)

17.08.010 Definitions and Scopes of Duties.

(Amended by Ordinances 182389, 184957, 189413, 190132, 190307 and 190816, effective June 17, 2022.)

  1. A. The “Responsible Bureau” for a local improvement is as follows:
    1. 1. The Portland Bureau of Transportation is the Responsible Bureau for street and other transportation improvements;
    2. 2. The Bureau of Environmental Services is the Responsible Bureau for sanitary sewer, stormwater management and other environmental improvements;
    3. 3. The Portland Water Bureau is the Responsible Bureau for water improvements; and
    4. 4. City Council will designate the Responsible Bureau for a local improvement that is not addressed by this section.
  2. B. “Local Improvement District Administrator” means the person designated by the Director of the Portland Bureau of Transportation to administer the City’s local improvement district program.
  3. C. “Property” means includes land irrespective of whether such land is assessed for property taxes.  Property for purposes of a future local improvement district assessment does not include equipment which may be assessed by other jurisdictions for property tax purposes. Property for purposes of a local improvement district assessment includes all public real property held in fee simple title but excludes public rights-of-way under public jurisdiction.
  4. D. The Responsible Engineer as identified in Chapter 17.04 is responsible for:
    1. 1. Preparing a preliminary engineer’s estimate and preparing an analysis of proposed significant and material changes to the scope or cost of improvements after formation of a local improvement district prior to preparing plans and specifications;
    2. 2. Preparing plans and specifications;
    3. 3. Entering into a contract for improvement construction and/or engineering;
    4. 4. Handling completion of construction and acceptance of work;
    5. 5. Preparing a final engineer’s estimate; and
    6. 6. Any other work related to engineering or construction.
  5. E. The Local Improvement District Administrator is responsible for:
    1. 1. Preparing a petition for a local improvement district and determining the validity of a petition for a local improvement district as appropriate;
    2. 2. Recommending an assessment methodology for a local improvement district to City Council;
    3. 3. Analyzing financial feasibility of a local improvement district prior to formation;
    4. 4. Preparing and filing a Resolution of Intent for formation of a local improvement district;
    5. 5. Publishing and posting notices for the Formation Hearing of a local improvement district;
    6. 6. Preparing and filing a Formation Ordinance for a local improvement district;
    7. 7. Responding to remonstrances against formation of a local improvement district;
    8. 8. Presenting significant and material changes to scope or cost of improvements to City Council after formation of a local improvement district;
    9. 9. Recommending abandonment of a local improvement district;
    10. 10. Determining the total cost of the local improvement;
    11. 11. Publishing and posting notice of final assessment for a local improvement district;
    12. 12. Preparing and filing the Final Assessment Ordinance for a local improvement district;
    13. 13. Responding to objections against final assessment of a local improvement district; and
    14. 14. Any other work related to processing or completing local improvement districts.
  6. F. The Bureau of Revenue and Financial Services will be responsible for:
    1. 1. Mailing notices for the Formation Hearing of a local improvement district at the direction of the Local Improvement District Administrator;
    2. 2. Receiving written remonstrances against the formation of a local improvement district, and forwarding such remonstrances to the Local Improvement District Administrator for a response;
    3. 3. Maintaining records of preliminary estimates of assessments;
    4. 4. Mailing notices for the Final Assessment Hearing for a local improvement district at the direction of the Local Improvement District Administrator;
    5. 5. Receiving written objections to the final assessment for a local improvement district, and forwarding such objections to the Local Improvement District Administrator for a response;
    6. 6. Entering final assessments for a local improvement district into the docket of City Liens upon passage of a Final Assessment Ordinance for a local improvement district;
    7. 7. Mailing of notices of final assessment to property owners after passage of the Final Assessment Ordinance and entry into the docket of City Liens;
    8. 8. Determining the individual financial capacities of property owners, and offering installment payments, if requested; and
    9. 9. Obtaining interim financing to pay for local improvement costs prior to bonding.

17.08.020 City Council Control.

(Amended by Ordinance 190132, effective October 16, 2020.) 

  1. Whenever the City Council deems it expedient, it may order an improvement; when the City Council determines that such improvement will afford a special benefit to property within a particular local improvement district, the City Council will classify it as a local improvement, and provide for payment of all or a portion of the cost thereof by imposition and collection of local assessments on the property benefited.

17.08.030 Charter Provisions Applicable.

(Amended by Ordinances 184957 and 190132, effective October 16, 2020.)

  1. Charter provisions applicable to local improvements will be followed by the City except where Charter provisions are contrary to state statute or the Oregon Constitution. In case of such conflict, legally applicable City Code will apply.

17.08.040 Initiation of Local Improvement District Formation Proceedings.

(Amended by Ordinances 190132 and 190816, effective June 17, 2022.)

  1. A. City Council may, at its discretion, initiate a local improvement district formation proceeding by adopting a Resolution of Intent to undertake a capital construction project, or part thereof, based on one of more of the following criteria:
    1. 1. A valid petition of support per the criteria in Section 17.08.050, signed by property owners and filed with the Local Improvement District Administrator;
    2. 2. A recommendation from the Responsible Bureau
    3. 3. Its own initiative.
  2. B. Where formation of a sewer local improvement district is ordered pursuant to an Environmental Quality Commission Order and a sewer plan has been developed and adopted by the City Council, preparation of the construction plans and specifications for that improvement may begin without action by the City Council.
  3. C. Prior to initiation of local improvement district formation proceedings:
    1. 1. The Bureau of Revenue and Financial Services will identify delinquencies in taxes or City liens of the properties within the proposed local improvement district;
    2. 2. The Local Improvement District Administrator will analyze the financial feasibility of the properties within the proposed local improvement district;
    3. 3. The Local Improvement District Administrator will analyze project financial feasibility by determining whether the sums assessed together with all unpaid sums then outstanding as assessments against the properties would exceed one-half the real market valuation of the properties as shown on the latest county tax rolls.

17.08.050 Petition for a Local Improvement District.

(Amended by Ordinances 190132 and 190816, effective June 17, 2022.)

  1. A. A petition of support may be prepared by the Local Improvement District Administrator or by owners of property that may be specially benefited by the proposed improvement. 
  2. B. The petition will include:
    1. 1. The name or designation of the improvement;
    2. 2. A map or clear description of the location of the improvement;
    3. 3. The general character and scope of the improvement; and
    4. 4. A proposed assessment methodology.
  3. C. The Local Improvement District Administrator will review a petition for the proposed local improvement district to determine if the petition is valid. A petition will be considered valid only when property owned by petition signers added to property covered by waivers of remonstrance and property owned by the City and Prosper Portland represents more than 50 percent of the property in the proposed local improvement district as measured by the proposed assessment methodology. Property owned by the City, including property owned through Prosper Portland, will be counted in support of formation of a local improvement district.
  4. D. The Local Improvement District Administrator will not consider a petition valid if a petition for a substantially similar local improvement district has been filed in the previous 6 months and City Council resolved not to proceed with the substantially similar local improvement district.
  5. E. A petition of support will not be disqualified as a result of a subsequent transfer in property ownership. However, the new property owner has a right to remonstrate against the proposed improvement as provided in Chapter 17.08.

17.08.060 Resolution of Intent.

(Amended by Ordinances 190132 and 190816, effective June 17, 2022.)

  1. A. The Local Improvement District Administrator will prepare and file a Resolution of Intent for the City Council’s consideration subsequent to any of the following:
    1. 1. After the review specific in Section 17.08.050 the Local Improvement District Administrator determined a petition is valid; or
    2. 2. A Responsible Bureau recommends initiation of a local improvement district; or
    3. 3. A member of City Council requests initiation of a local improvement district.
  2. B. The Resolution of Intent will include the following:
    1. 1. The name or designation of the improvement;
    2. 2. The location of the improvement;
    3. 3. A map or clear description of the local improvement district boundary;
    4. 4. The general character and scope of the improvement;
    5. 5. A preliminary estimate of the total cost of the local improvement;
    6. 6. The proposed assessment methodology;
    7. 7. The proportion of funding to be borne by property owners and other sources, if applicable;
    8. 8. The designated Responsible Bureau if the project scope is not addressed by Section 17.08.010;
    9. 9. A statement of whether the City Council intends to construct the improvement;
    10. 10. Direction to the Local Improvement District Administrator to do one of the following:
      1. a. Initiate formation proceedings on the proposed local improvement district; or;
      2. b. Suspend proceedings on the proposed local improvement district; or
      3. c. Terminate the process for forming the proposed local improvement district.
  3. C. If City Council passes a Resolution of Intent to construct the improvements, City Council will direct the Local Improvement District Administrator to initiate local improvement district formation proceedings as set forth in Section 17.08.070.
  4. D. The City Council may direct that the engineering and construction work will be done in whole or in part by the City, by a contract, by direct employment of labor, by another governmental agency, or by any combination thereof.  Projects partially or fully funded by local improvement district revenue will be subject to competitive bidding.  Local improvement districts will not be subject to Subsection 5.34.150 H. of City Code unless this Section is waived in the ordinance forming the local improvement district.
  5. E. If a petition is not valid, but the City Council determines that an improvement should be constructed, it may initiate the proceedings by adopting a Resolution of Intent to construct the improvement.
  6. F. If the City Council determines that some other construction, such as installation of water lines, sewer lines prior to a street improvement, installation of fire hydrants, utility lines or conduits, conduits for underground service for street lights, or any other underground construction should precede the particular proposed improvement, then the City Council may suspend the proceedings for the proposed improvement until such construction has been started or completed.
  7. G. If the City Council passes a Resolution of Intent to terminate the process for forming the local improvement district or considers but fails to pass a resolution to initiate local improvement district formation proceedings, no further action will be taken by the Local Improvement District Administrator on the local improvement district for a period of 6 months, other than actions to close the project.

17.08.070 Local Improvement District Formation and Remonstrances.

(Amended by Ordinances 189413190132 and 190816, effective June 17, 2022.)

  1. A. Notice of Public Hearing
    1. 1. Publication Notice:  Except as otherwise provided by Charter for changes to street grades, the Local Improvement District Administrator will publish 2 notices of the City’s intent to form a local improvement district by publication in a paper of general circulation in the City at least 14 calendar days before the Formation Hearing . The notices will include the following information:
      1. a. The time, date and place of the formation hearing before City Council;
      2. b. The name of the proposed local improvement district;
      3. c. A description of the type and scope of improvements to be made;
      4. d. A map or description of the properties proposed for inclusion in the local improvement district for which a legal description is not required;
      5. e. A preliminary estimate of the total cost of the local improvement based on the preliminary engineer’s estimate;
      6. f. The methodology or methodologies by which properties will be assessed, which may include neither assessed valuation nor real market valuation as elements;
      7. g. A statement that the proposal could be modified as a result of the testimony at the formation hearing and that property owners should attend the hearing to have an opportunity to testify on proposed changes;
      8. h. A statement mentioning the right to remonstrate, who may remonstrate, how remonstrances can be made, the deadline for filing remonstrances; and where remonstrances must be filed; and
      9. i. Contact information for the Local Improvement District Administrator.
    2. 2. Posting Notice:  At least 14 calendar days before the local improvement district formation hearing, the Local Improvement District Administrator will cause to be posted conspicuously within the proposed local improvement district, at least two notices headed “Notice of Proposed Improvement” in letters not less than 1 inch in height, and the notices will contain in legible characters the information required in Subsection 17.08.070 A.1.  The Local Improvement District Administrator will place an affidavit of the posting of such notices within the project file, stating therein the date when and places where the notices have been posted.
    3. 3. Mail Notice:  At least 21 calendar days before the local improvement district formation hearing on the proposed improvement, the Bureau of Revenue and Financial Services, at the direction of the Local Improvement District Administrator, will mail to the owner of each property within the proposed local improvement district, a notice containing the following:
      1. a. The information required in Subsection 17.08.070 A.1.;
      2. b. A description of the property; and
      3. c. A preliminary estimate of the assessment for the property.
    4. 4. A record will be kept of the mailing, posting and publication of any notice required by this Ordinance. Any mistake, error, omission or failure with respect to publication, posting or mailing notice will not affect City Council’s jurisdiction to proceed or otherwise invalidate the local improvement proceedings when notice is provided by at least one of the methods in this Section.
  2. B. Remonstrances
    1. 1. If property owners choose to remonstrate against the proposed improvement such remonstrances must be received by the Bureau of Revenue and Financial Services by 5:00 PM 7 calendar days prior to the local improvement district formation hearing. A remonstrance must be in writing and must be delivered in person or by first class U.S. mail to the Bureau of Revenue and Financial Services.  The Bureau of Revenue and Financial Services is not responsible for remonstrances sent via facsimile or via e-mail.  The remonstrance will state the reasons for the objection. Any person acting as agent or Attorney with power to act in signing the remonstrance will, in addition to describing the property affected, file with the remonstrance a copy in writing of the authority to represent the owner or owners of property. The Bureau of Revenue and Financial Services will forward the remonstrance to the Local Improvement District Administrator for a response. A written remonstrance may be withdrawn at any time before the close of the City Council hearing on the formation of the local improvement district.
    2. 2. Owners of property covered by waivers of remonstrance may submit an objection; however such an objection will not be considered for purposes of determining City Council jurisdiction as provided by Chapter 9 of the City Charter for the particular type of improvement.
    3. 3. The number of remonstrances that will defeat formation of a proposed local improvement district will be as provided by Chapter 9 of the City Charter for the particular type of improvement.
  3. C. Formation Ordinance
    1. 1. The local improvement district formation ordinance will contain at least the following findings:
      1. a. Name of the proposed local improvement district;
      2. b. A general description of the project scope as may also be shown on a typical section;
      3. c. A description of the proposed local improvement district with a reference to specific local improvement district boundaries, or a map showing the properties proposed for inclusion in the local improvement district;
      4. d. A preliminary estimate of the total cost of the local improvement, including design, construction, engineering, project management and financing;
      5. e. The assessment methodology or methodologies by which benefit within the local improvement district will be assigned;
      6. f. A preliminary estimate of assessments for each property owner within the local improvement district based on the proposed assessment methodology or methodologies;
      7. g. A statement as to the financial feasibility of the local improvement district, based on the preliminary estimate of assessments and outstanding past assessments and taxes; and
      8. h. An exhibit containing findings addressing each remonstrance received, and number of remonstrances received.
    2. 2. The local improvement district formation ordinance will contain, at a minimum, directives that:
      1. a. Create the local improvement district;
      2. b. Include benefited properties in the local improvement district as shown on an attached exhibit;
      3. c. State the property owners’ share of the costs that the benefited properties will be assessed, and any other entities’ shares, as applicable;
      4. d. State the assessment methodology;
      5. e. Direct the Responsible Engineer to arrange for the preparation of plans and specifications;
      6. f. Direct the Responsible Engineer to arrange for construction  of the improvement;
      7. g. Direct the Bureau of Revenue and Financial Services to obtain interim financing to pay for local improvement costs prior to bonding; and
      8. h. Sustain or overrule any remonstrances received.
  4. D. Local Improvement District Formation Hearing
    1. 1. The City Council will hold a public hearing on the proposed improvement.  As provided by Subsection 17.08.070 A.3., the hearing will be held at least 21 calendar days after the date notice was deposited in the mail. The City Council may continue or discontinue the proceedings; may direct a modification of its resolution of intent; or may direct formation of the local improvement district and override any remonstrances, provided the City Council retains jurisdiction as provided by Chapter 9 of the City Charter for the particular type of improvement. The City Council may direct a modification to the location or scope of the improvement, and/or to the local improvement district which it deems will be benefited by the improvement; or make such other modifications in the proceedings as it finds reasonable.
    2. 2. Modification of Scope of Improvements:  If the City Council significantly and materially modifies the scope of the improvement within the adopted formation ordinance so that an assessment is likely to be significantly and materially increased upon one or more properties, or if the City Council enlarges the local improvement district within the adopted formation ordinance, then a new preliminary estimate of assessments will be made and new notices will be sent to the property owners within the proposed local improvement district, and another hearing will be held.  The notice will advise property owners who still wish to remonstrate that their remonstrance must be resubmitted. However, no new publication or posting will be required. In the event of modification that meets the objection of any remonstrance, such remonstrance will not be counted as such unless renewed following such modification.
    3. 3. Decision to Form Local Improvement District:  Upon completion of the hearing process, the City Council may approve or decline formation of a local improvement district by ordinance. As provided in Subsection 17.08.070 C.1., a decision to approve formation of a local improvement district will be supported by findings supporting a conclusion of special benefit and addressing the remonstrances, and will direct the Local Improvement District Administrator to arrange for construction of the local improvement.
    4. 4. If the City Council approves formation of the local improvement district, the Responsible Engineer will arrange for the preparation of plans and specifications.  Upon completion, approved plans will be available for inspection at the Responsible Bureau for at least the minimum time period specified in its Records Retention and Disposition Schedule. The local improvement may be constructed and/or engineered in whole or in part by the City or by another government agency, or the City may seek bids for any portion of the local improvement. Projects partially or fully funded by local improvement district revenue will be subject to competitive bidding and will not be subject to Subsection 5.34.150 H. of City Code unless this Section is waived in the ordinance forming the local improvement district.
    5. 5. The City Council will have final determination of the kind and character of the local improvement, its location and extent, materials to be used, and all matters contained in the plans and specifications.
    6. 6. The City Council will also have final determination of the assessment methodology and boundaries of the local improvement district that is to be assessed for the costs of the improvement, except that the assessment methodology may not include a criterion based on real market valuation or assessed market valuation. The possibility or likelihood that some property contained in the property description of the proposed local improvement district may not be benefited by the proposed improvement will not invalidate the local improvement district description.
    7. 7. Upon City Council’s passage of an ordinance forming a local improvement district, the assessment methodology may not be changed except by City Council Ordinance notwithstanding concurrence among the property owner(s), nor can the assessment obligation be transferred to a property not included in the local improvement district.  No release of obligation will be made by the Bureau of Revenue and Financial Services until after final assessment is made.

17.08.080 Changes to Scope or Cost of Improvements and Notice to Proceed.

(Amended by Ordinance 182760 and 190132, effective October 16, 2020.)

  1. A.  After formation of a local improvement district, City Council will hold a public hearing to consider significant and material changes to the proposed scope or significant and material changes to the estimate of the total cost of the local improvement district that may arise during the course of final engineering which would result in a significant and material increase to the future assessment of properties per the assessment methodology established in the Formation Ordinance.
  2. B.  For such a hearing, notice will be in the manner provided by Section 17.08.070.  In addition to meeting the provisions of Section 17.08.070, the notice will also state the nature of the proposed modifications to the scope of improvements or to the preliminary estimate of the total cost of the local improvement previously approved at the Local Improvement District formation hearing. Property owners will have the opportunity to remonstrate against the significant and material changes in the manner provided by Section 17.08.070 and the remonstrance only pertains to the significant and material increase and/or the significant and material scope change and not to the original local improvement district as approved by Council per Section 17.08.070.  If the improvement district was initiated by petition, no new petition will be required.
  3. C.  The Responsible Engineer may issue a Notice to Proceed to begin construction provided that:
    1. 1.  There are no significant and material changes to the scope of the local improvements; or
    2. 2.  There are no significant and material changes to the preliminary estimate of assessments for the benefiting properties in the local improvement district; or
    3. 3.  The City Council has approved significant and material changes to scope and/or cost of the improvements as provided in this section.
  4. Construction of the local improvement will be in substantial accordance with the plans and specifications adopted by the Responsible Engineer.

17.08.090 Abandonment of Local Improvement District.

(Amended by Ordinance 190132, effective October 16, 2020.) 

  1. The City Council will have full power and authority to abandon and rescind proceedings for local improvements at any time prior to the final completion of the improvements.

17.08.100 Completion of Construction.

(Amended by Ordinances 182760 and 190132, effective October 16, 2020.)

  1. A.  After the work financed by the local improvement district has been completed satisfactorily, the Responsible Engineer will prepare a certificate of completion.  The Responsible Engineer will also prepare a final engineer’s estimate showing the costs of all engineering and construction work performed.  The certificate of completion will be deemed acceptance by the City of the local improvement work.
  2. B.  Authorization for final payment will be made as provided by Chapter 5.33 of City Code.
  3. C.  The Local Improvement District Administrator will include the final engineer’s estimate and a copy of the certificate of completion with the filing of the Final Assessment Ordinance as set forth in Section 17.08.130.
  4. D.  Notice of completion of the work need not be provided except as may be required  elsewhere in City Code.
  5. E.  If a local improvement is substantially complete except for contract closeout, or if a scope of improvement included in the construction contract but not included in the local improvement is incomplete, the Responsible Engineer at the discretion of the Responsible Bureau may file a written report attesting that the local improvements are complete in lieu of a certificate of completion.  The provisions set forth in Subsection 17.08.100 A. apply, except that the written report substitutes for the certificate of completion. Any further project or financing costs incurred subsequent to final assessment will be the responsibility of the Responsible Bureau, not of the property owners.

17.08.110 Total Cost of Local Improvement.

(Amended by Ordinances 189413190132 and 190816, effective June 17, 2022.)

  1. A. After the work financed by a local improvement district has been accepted as complete, the Local Improvement District Administrator will determine the total cost of the local improvement, including costs identified in the final engineer’s estimate and any pending costs. 
  2. B. The total cost of the local improvement that may be assessed against the properties specially benefited by the improvement will include, but not be limited to the following:
    1. 1. Direct or indirect costs incurred in order to undertake the capital construction project such as the costs of labor, materials, supplies, equipment, permits, survey, engineering, administration, supervision, inspection, insurance, advertising and notification, administration, accounting, depreciation, amortization, operation, maintenance, repair, replacement, contracts, debt service and assessment;
    2. 2. Financing costs, including interest charges; the costs of any necessary property, right-of-way or easement acquisition and condemnation proceedings; and
    3. 3. Attorneys’ fees and any other actual expense as allowed by state law.
    4. 4. The total cost of the local improvement that may be assessed against the properties specially benefited by the improvement will not include Portland Bureau of Transportation overhead costs unless this Section is waived in the ordinance forming the local improvement district.
  3.  C. Engineering and project management performed by the City in connection with local improvements will be charged at the rate of 100 percent of the direct cost of services performed computed in accordance with the provisions of Section 5.48.030. The Responsible Engineer will prepare a final engineer’s estimate of the engineering and construction costs.  A final estimate of the total project costs, including costs reflected in the final engineer’s estimate, will be prepared by the Local Improvement District Administrator.
  4. D. The Bureau of Revenue and Financial Services will maintain a fee schedule that will be used for determining the charge to be made for Bureau of Revenue and Financial Services’ administrative services and general City administrative services in connection with local improvements.  These charges will include a Superintendency fee; a recording fee which will be fixed regardless of the amount of the assessment; and a monthly billing fee if the property owner does not pay the full assessment at the time it is levied.

17.08.120 Alternative Financing Methods.

(Amended by Ordinance 190132, effective October 16, 2020.) 

  1. Nothing contained in this Chapter will preclude the City Council from using any other available means of financing portions of local improvements, including but not limited to city funds, federal or state grants, user charges or fees, revenue bonds, general obligation bonds, or any other legal means of finance.  In the event that such other means of financing improvements are used, the City Council may make assessments to pay any remaining part of the total costs of the local improvement.

17.08.130 Final Assessment and Objections.

(Amended by Ordinances 182760, 184957189413190132 and 190816, effective June 17, 2022.)

  1. A. Apportionment of Proposed Final Assessments
    1. 1. Whenever any local improvement, any part of the cost of which is to be assessed upon the property specially benefited thereby, is completed in whole, or in such part that the cost of the whole can be determined, the Local Improvement District Administrator will file the final estimate of the total cost of the local improvement and prepare a proposed final assessment according to the assessment methodology approved by City Council upon the properties in the local improvement district, including upon any land owned by the City.
    2. 2. If the City Council has determined that a portion of the total cost of the local improvement is to be paid from public funds, other than the benefit assessment to be imposed upon land owned by the City and lying within the local improvement fixed by the City Council, the Local Improvement District Administrator will deduct from the total cost of the local improvement such allocation of costs to public funds provided by the City Council and will apportion the remainder of such total cost on the properties within the local improvement.
    3. 3. When the Local Improvement District Administrator has calculated the assessment for each property, the Local Improvement District Administrator will file the proposed final assessment roll with the City Council through the Commissioner-in-Charge of the Responsible Bureau.
  2. B. Notice of Proposed Final Assessments
    1. 1. At least 21 calendar days before the public hearing on the proposed final assessment, the Bureau of Revenue and Financial Services at the direction of the Local Improvement District Administrator will provide notice to the owner of each property or to the owner's agent as shown in the County tax record either by mail or by personal delivery. The notice will state:
      1. a. The property description;
      2. b. The amount of the proposed final assessment against the property;
      3. c. A statement that this amount could be modified as a result of objections filed by other property owners in the local improvement district unless the cost to property owners is fixed;
      4. d. The date, time and place of the final assessment hearing;
      5. e. The deadline and manner for filing objections to the proposed final assessment; and
      6. f. Contact information for the Local Improvement District Administrator.
    2. 2. The Local Improvement District Administrator will publish 2 notices  of the proposed final assessment in a newspaper of general circulation in the City at least 14 calendar days prior to the final assessment hearing.
    3. 3. A record will be kept of the mailing and publication of any notice required by this Ordinance. Any mistake, error, omission or failure with respect to publication or mailing notice will not affect City Council’s jurisdiction to proceed or otherwise invalidate the local improvement proceedings when notice is provided by at least one of the methods in this Section.
  3. C. Final Assessment Hearing and Objections
    1. 1. Any owner of property (except property owned by the City or Prosper Portland) proposed to be assessed a share of the cost of a local improvement may file an objection to the proposed final assessment in writing with the Bureau of Revenue and Financial Services. The objection must be received by the Bureau of Revenue and Financial Services no later than 5:00 PM 7 calendar days prior to the hearing by City Council on the proposed final assessment. The Bureau of Revenue and Financial Services will forward the objection to the Local Improvement District Administrator for a response.  The objection will be filed in the same manner as set forth in Subsection 17.08.070 B. and will state the reasons for the objection.  However, objections received to final assessment will not affect City Council jurisdiction over final assessment proceedings.
    2. 2. The City Council will hold a hearing on any objections on the date set forth in the notice, and at that time will consider objections made by the owners of property at the hearing. The hearing may be continued as the City Council may find appropriate.
    3. 3. At the hearing, the City Council at its discretion will determine and approve the amount to be assessed upon each property within the local improvement district, which amount does not exceed the special benefits accruing to such property from the improvement and the sum of which amount and other amounts assessed against properties within the local improvement district do not exceed the total cost of the local improvement.  The amount of each assessment as determined by City Council will be based on the City Council’s finding of special benefit to the property.
  4. D. Final Assessment Ordinance
    1. 1. The City Council will pass an assessing ordinance that will set forth the assessments against the respective properties within the local improvement district.
    2. 2. The ordinance will:
      1. a. Include an exhibit containing findings addressing each objection received, and number of objections received
      2. b. State the total cost and assessment methodology used
      3. c. Include a statement that each property is specifically benefited in the amount shown in the assessment roll;
      4. d. Include a statement that the project has been constructed as provided in the adopted plans and specifications, and, if the provisions set forth in Subsection 17.08.100 E. have been invoked, a copy of the written report from the Responsible Engineer attesting that the local improvements are complete in-lieu of a certificate of completion; and
      5. e. Contain a directive to sustain or overrule the objections.
    3. 3. Upon passage of the assessing ordinance, the Bureau of Revenue and Financial Services will enter the assessments in the docket of City liens and follow the assessment procedure set forth in Chapter 17.12.  As provided by City Charter, the assessment ordinance will take effect immediately upon passage or on any date fewer than 30 days after passage that is specified in the final assessment ordinance.
    4. 4. Claimed mistakes in the calculation of assessments will be brought to the attention of the Local Improvement District Administrator, who will determine whether there has been a mistake.  If the Local Improvement District Administrator finds that there has been a mistake, the Local Improvement District Administrator will recommend to the City Council an amendment to the assessment ordinance to correct the error.  On enactment of an amendment, the Bureau of Revenue and Financial Services will cause the necessary correction to be made in the City lien docket.  Such correction will not change assessments against any other property within the local improvement district.
  5. E. Formation of a new local improvement district:  In the event a court of law holds that the formation of a local improvement district was invalid or improper procedures were used, property owners may be assessed after the new local improvement district is formed if the properties are again included.

Chapter 17.12 Assessments

(Chapter amended by Ordinance No. 163420, effective September 29, 1990.)

17.12.010 Lien Docket and General Assessment Procedure.

(Replaced by Ordinance No. 177124, effective January 10, 2003.)

A. The City will maintain a lien docket and general assessment procedure as set forth in the Chapter for the assessment of:

1. Local improvement district assessments.

2. System development charge assessments.

3. Sidewalk maintenance and repair assessments.

4. Enforcement of City Code; and

5. Other assessments prescribed by City Code.

B. In addition to the general assessment procedure set forth in this Chapter, specific assessment procedures are set forth as follows:

1. Local improvement district assessment procedures as set forth in Chapter 17.08;

2. System development charge assessment procedures are set forth in Chapters 17.13, 17.14 and 17.15; and

3. Sidewalk maintenance and repair assessment procedures are set forth in Chapter 17.28.

17.12.020 Allowance for Engineering and Administration.

(Repealed by Ordinance No. 177124, effective January 10, 2003.)

17.12.030 Estimate of Cost - Apportionment of Assessments.

(Repealed by Ordinance No. 177124, effective January 10, 2003.)

17.12.040 Notices of Proposed Assessments.

(Repealed by Ordinance No. 177124, effective January 10, 2003.)

17.12.050 Remonstrances and Hearings.

(Repealed by Ordinance No. 177124, effective January 10, 2003.)

17.12.060 Assessing Ordinance.

(Amended by Ordinance No. 189413, effective March 6, 2019.)  The City Council may pass an assessing ordinance, effective immediately upon passage as prescribed in the City Charter, which shall set forth the assessments against the respective properties within the assessment district.  Upon such passage the Revenue Division shall enter the assessments in the docket of City liens.

17.12.070 Notice of Assessment.

(Amended by Ordinance No. 189413, effective March 6, 2019.)  After an assessment has been entered in the lien docket, the Revenue Division shall send a bill for the assessment by mail to each person whose property is assessed or to the owner’s agent as shown in the County tax record.

17.12.080 Payment of City’s Share.

The City Council may provide for the payment into the particular local improvement assessment fund of any share allocated by the Council to be paid from public funds, and also any assessments imposed by it against City owned property.

17.12.090 Deficit Assessment.

(Repealed by Ordinance No. 177124, effective January 10, 2003.)

17.12.100 Surplus.

If the total cost of an improvement is found to be less than the total sum previously assessed therefor, the surplus shall be apportioned and paid in accordance with Charter provisions.

17.12.110 Reassessment.

(Repealed by Ordinance No. 177124, effective January 10, 2003.)

17.12.120 Correction of Mistake in Assessment - Refund or Overpayment.

(Amended by Ordinance No. 173369, effective May 12, 1999.) A mistake in assessment or entry thereof in the lien docket may be corrected as prescribed by the Charter. In case of overpayment because of such mistake or otherwise, the person who paid such excess or his or her legal representative, heirs or assigns, is entitled to repayment of the same by check drawn upon the fund receiving such overpayment.

17.12.125 Mid-County Sewer Financial Assistance Program.

(Repealed by Ordinance No. 182760, effective June 5, 2009.)

17.12.130 Segregation of Assessments.

(Amended by Ordinance Nos. 177124, 182760 and 189413, effective March 6, 2019.)

A.  A lien against the real property in favor of the City may be segregated on the application of the owner(s), subject to the provisions of this section and any rules adopted by the Revenue Division.

B.  Applications shall be made to the Revenue Division and shall include:

1.  A legal description of each tract to be segregated;

2.  Documentation demonstrating that each tract to be segregated is a lot or parcel created by a subdivision, partition or other division of the original tract of land in accordance with ORS 92.010 to 92.190, and is consistent with all applicable comprehensive plans;

3.  The names of the owners of each tract, and the name of each person who will own each parcel should the segregation be approved; and

4.  A full legal description that will be assigned by the County Assessor for each lot or parcel that is created as a result of the segregation.

C.  No segregation shall be made unless each part of the original tract of land after the segregation has a true cash value, as determined from the certificate of the county assessor, of 200% or more of the amount of the lien as to each segregated tract concerned.

D.  The Revenue Division shall compute a segregation of the lien against the real property on the same basis as it was originally computed and apportioned and shall record the segregation in the lien docket.  If the original tract has been divided by filing of a condominium plat, the applicant for segregation may propose an alternative, equitable basis for computing segregation of the lien.  The alternative proposed segregation shall be subject to the Council’s approval by ordinance.

E.  No assessment shall be segregated until all outstanding delinquent City liens on the property are brought current.

F.  The Revenue Division shall charge a fee for the segregation of assessments.  The fee will be based in part on the number of lots or parcels that result from the segregation.  The segregation fee may be amended from time to time and shall be stated in the Fees & Charges schedule maintained in the Revenue Division.

17.12.140 Bonding.

(Amended by Ordinance Nos. 173369, 177124 and 189413, effective March 8, 2019.)

A.  Within 30 days of the entry in the lien docket a property owner may apply to pay the assessment, deficit assessment or re assessment or the amount remaining unpaid by installments as stated in the signed installment payment contract. The contract shall be in accordance with the terms and provisions of ORS 223.215.  The contract shall be received by the Revenue Division subject to the limitations prescribed in this Section.  The City may accept contracts after the 30-day period stated in this Section under procedures established by the Revenue Division.

B.  If the sum assessed together with all unpaid sums then outstanding as assessments against the property exceeds one-half the real market valuation of the property as shown on the latest county tax rolls, then the Revenue Division shall reject the application unless the excess is paid in cash with the application and the application is made for the remainder only.

C.  If the installment payment contract has been received and is in force, the City Treasurer may accept prepayments of any installments without penalty for the prepayment.  Whenever an installment is paid, accrued interest to the due date of the installment on the unpaid assessment balance, plus interest on the past due installment if any, shall be paid with the installment.

D.  In addition to the procedures provided for in Subsections A. through C above, the procedures for bonding improvement assessments authorized by the Bancroft Bonding Act (ORS 223.205, 223.930) may be followed for improvement assessments when the Council so directs in the ordinance making the assessment.

E.  For purposes of this Section the term “property owner” means the owner of the Title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll in the Office of the County Assessor.

F.  Interest rates for bonded assessments shall be set using an adjusted rate mechanism.  The City Council shall set an interim rate by ordinance, which shall be applied to the unpaid balance until improvement bonds are sold to finance the bonded assessments.  Upon sale of bonds, the Revenue Division shall adjust the interest rate to the rate received by the City on the bond issue (expressed as true interest cost) plus a fee to cover insurance and discount on the bonds.  All subsequent payments will be made at the new adjusted rate.  Property owners who sign an installment contract for systems development charges shall receive the adjusted rate.

G.  Bond financing fees shall be charged to each installment contract to defray the costs of financing per a fee schedule on file with the Revenue Division.  The fee schedule will include a loan creation fee as well as a bond financing fee.  Bond financing fees are in addition to costs set forth in Chapter 17.08.

H.  The City may charge a bond reserve fee on each installment payment contract to facilitate the sale of the improvement bonds.  Proceeds from the bond reserve fee shall be dedicated to a reserve account and used as security for the improvement bonds that the City sells to finance the installment payment contract. A separate bond reserve account shall be created for each bond sale as required by the terms of the sale.  This fee shall be in addition to the fees set forth in Chapter 17.08 and in Section 17.12.140 G.

I.  The Revenue Division shall charge a billing and service charge which shall be added to each statement and shall be in addition to principal, interest, penalties, costs and other fees.  This fee shall be per a schedule on file with the Revenue Division.  This fee shall be in addition to the fees set forth in this Chapter 17.08, Section 17.12.140 G. and Section 17.12.140 H.

17.12.150 Rebonding.

A. If the Council specifically approves the same, a property owner who has bonded an assessment a portion of which remains unpaid, or a property owner whose assessment on such property has been subdivided as provided in the Charter, may apply for a rebonding if all taxes then due have been paid upon the property, no outstanding liens have been filed against the property, and if all the conditions applicable to initial bonding are met at the time of rebonding application. The rebonding application may include all unpaid assessment amounts remaining due and unpaid. All provisions relating to rebonding contained in the statutes of the State shall be applicable.

B. As used in this Section the term "property owner" shall mean the owner of the Title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll in the Office of the County Assessor.

17.12.160 Monthly Payments on Assessments.

(Repealed by Ordinance No. 161797, effective May 12, 1989.)

17.12.170 Collection.

After 30 days from the date of entry in the lien docket of a sum assessed, whether by initial assessment, deficit assessment or reassessment, the amount of the delinquency together with interest and any costs may be collected as provided in the City Charter.

17.12.180 Redemption.

(Repealed by Ordinance No. 161797, effective May 12, 1989.)

17.12.190 Applicability of Charter Provisions.

(Repealed by Ordinance No. 161797, effective May 12, 1989.)

17.12.200 Alternate Procedures.

(Repealed by Ordinance No. 161797, effective May 12, 1989.)

Chapter 17.13 Parks and Recreation System Development Charge

(Chapter added by Ordinance No. 172614, effective October 1, 1998.)

17.13.010 Scope and Purposes.

(Amended by Ordinances 181669, 187150 and 189244, effective November 7, 2018.)

  1. A.  New development within the City of Portland contributes to the need for capacity increases for parks and recreation facilities and, therefore, new development should contribute to the funding for such capacity-increasing improvements.  This SDC will fund a portion of the needed capacity-increasing capital improvement projects as identified in the City of Portland Parks and Recreation SDC Capital Improvement Plan (SDC-CIP).
  2. B.  ORS 223.297 through 223.314 grant the City authority to impose a SDC to equitably spread the costs of essential capacity-increasing capital improvements to new development.
  3. C.  The SDC is incurred upon the application to develop property for a specific use or at a specific density.  The decision regarding uses, densities, and/or intensities causes direct and proportional changes in the amount of the incurred charge.  The SDC is separate from other fees provided by law or imposed as a condition of development.  It is a fee for service because it contemplates a development’s receipt of parks and recreation services based upon the nature of that development.
  4. D.  The SDC imposed by this Chapter is not a tax on property or on a property owner as a direct consequence of ownership of property within the meaning of Section 11b, Article XI of the Oregon Constitution or legislation implementing that section.  This Chapter does not shift, transfer, or convert a government product or service, wholly or partially paid for by ad valorem property taxes, to be paid for by a fee, assessment or other charge, within the meaning of Section 11g, Article XI of the Oregon Constitution.
  5. E.  The funding provided by this Chapter constitutes a mandatory collection method based upon the guidelines set forth in ORS 223.297 through 223.314 to assure the provision of capacity-increasing improvements for parks and recreation facilities as identified in the Parks and Recreation SDC-CIP incorporated as an Appendix to the most recently adopted Parks SDC Methodology Report.  The Parks and Recreation SDC-CIP is different from the City of Portland Parks and Recreation Capital Improvement Program and may be modified from time to time by the Council or by the Director, as provided in this Chapter.
  6. F.  This Chapter is intended only to be a financing mechanism for a portion of the capacity increases needed for parks and recreation facilities associated with new development and does not represent a means to fund maintenance of existing facilities or the elimination of existing deficiencies.
  7. G.  The SDC imposed by this Chapter is supported by the most recent Park System Development Charge Methodology Update Report adopted by the Council. The Council may from time to time amend or adopt a new SDC Methodology Report by ordinance.

17.13.020 Definitions.

(Amended by Ordinances 173386, 173565, 174617, 176511, 181669, 187150, 189244 and 189924, effective May 15, 2020.)

  1. A.  “Acquisition” means the addition, by purchase or donation, of a real property interest, and includes such physical activities, referred to as “stabilization,” as are necessary to make the land suitable for development or use, including, but not limited to, fencing, demolition of existing structures, landscaping and restoration, or installation of security systems.
  2. B.  “Administrator” means that person designated by the Director to manage and implement this Parks and Recreation SDC program.
  3. C.  “Applicant” means the person or entity who applies for a building permit.
  4. D.  “Application” means the Parks SDC Information Form together with other required forms and documents submitted at the time of application for a building permit.
  5. E.  “Building Official” means that person, or other designated authority charged with the administration and enforcement of the state building codes for the City, or a duly authorized representative.
  6. F.  “Building Permit” means a permit issued by the City Building Official pursuant to the state building codes. 
  7. G.  “Campus Housing” means dormitories and other buildings arranged and designed as living quarters on a college or university campus for students enrolled at that college or university. College or university campus is any property owned or controlled by the college or university within a Conditional Use Master Plan, Impact Mitigation Plan or other campus zone boundary.
  8. H.  “Central City” means the area identified in the SDC Methodology Report as the Central City Service Area, and whose boundaries are included on the map in the SDC Methodology Report.  This area is also referred to as the Central City Sub-Area. 
  9. I.  “City” means the City of Portland, Oregon.
  10. J.  “Condition of Development Approval” is any requirement imposed on an Applicant by a City land use or limited land use decision, site plan approval or Building Permit either by operation of law, including but not limited to the City Code or Rule or regulation adopted thereunder, or a condition of approval.
  11. K.  “Cost Index” means the Seattle Engineering News Record (ENR) Construction Cost Index.
  12. L.  “Credit” means the amount by which an Applicant may be able to reduce the SDC fee as provided in this Chapter.
  13. M.  “Development Agreement” means a written agreement approved by the Director that is:
    1. 1.  An agreement between the City and another entity that includes as an element the conveyance to the City of capacity-increasing Real Property Interests or capacity-increasing capital improvements, for parks and recreation use, in connection with the undertaking of a New Development that is subject to the SDC imposed by this Chapter; or
    2. 2.  An agreement between agencies of the City that includes as an element the acquisition of capacity-increasing Real Property Interests or construction of capacity-increasing capital improvements, for parks and recreation use, in connection with a New Development that is subject to the SDC imposed by this Chapter; or
    3. 3.  An agreement for the donation of capacity-increasing Real Property Interests or capital improvements, for parks and recreation use, that provides for the consideration of the donation as a Qualified Public Improvement in a subsequent New Development subject to the SDC imposed by this Chapter; or
    4. 4.  An agreement under Subsections 1.-3. of this Section that, instead of or in addition to the conveyance of Real Property Interests or capital improvements, provides for donation to the City of money to be used for the acquisition of capacity-increasing Real Property Interests or the development of capacity-increasing capital improvements, for parks and recreation use.
  14. N.  “Director” means the Director of Portland Parks & Recreation for the City of Portland.
  15. O.  “Dwelling Unit” means one or more habitable rooms, as defined in City Code Section 24.15.075.
  16. P.   “Non-Central City” means all portions of the City outside the Central City Service Area.
  17. Q.  “Non-Residential Development” means development which does not include Dwelling Units.  When a Development contains both Dwelling Units and other uses, that portion of the Development containing Dwelling Units shall be considered “Residential Development,” and that portion devoted to other uses shall be considered “Non-Residential Development.”
  18. R.  “New Development” means development for which a Building Permit is required, including existing development for which a required Building Permit was not obtained.
  19. S.  “Occupancy Group Codes” means the use codes (A-1, B, H, e.g.) in the Oregon Structural Specialty Code, “Use and Occupancy Classification.”
  20. T.  “Occupancy Use Types” means the occupancy classifications in the Oregon Structural Specialty Code, “Use and Occupancy Classification.”
  21. U.  “Parks and Recreation SDC Capital Improvement Plan,” also called the Parks and Recreation SDC-CIP, means the City program set forth in the “SDC Methodology Report,” as amended in accordance with this Chapter, of projects to be funded with Parks and Recreation SDC revenues.
  22. V.  “Permit” means a Building Permit.
  23. W.  “Previous Use” means the most intensive permitted use conducted at a particular property within 36 months before the date of completed Application.  Where the property was used simultaneously for several different uses (mixed use), for the purposes of this Chapter all of the specific use categories shall be considered. 
  24. X.  “Proposed Use” means the use proposed by the Applicant for the New Development. 
  25. Y.  “Qualified Public Improvement” means any parks and recreation system capital facility or conveyance of a Real Property Interest that increases the capacity of the City’s Parks and Recreation System, is approved by the Commissioner-in-Charge or designee, and meets the definition and requirements of qualified public improvements under ORS 223.304(4) and 223.304(5).  Additionally, unless there is a conflict with ORS 223.304(4) or 223.304(5), the following will be considered qualified public improvements:
    1. 1.  A conveyance of Real Property Interests or capital improvements for public recreational use specified in a Development Agreement between the City and a developer entered into before the effective date of this Ordinance.  Conveyances of Real Property Interests or capital improvements for public recreational use specified in a Development Agreement between the City and a developer entered into after the effective date of this Ordinance are excluded from the definition of “qualified public improvement” unless the Development Agreement specifically provides otherwise.  If the Development Agreement does include conveyances of Real Property Interests that are intended to be eligible for Parks SDC Credits, the value of the Real Property Interests must be established at the time the Development Agreement is finalized by the appraisal methods described in Section 17.13.070.  The date of valuation is the date of the final Development Agreement.  If there are subsequent amendments to the Development Agreement, the date of valuation will be the date of the original Development Agreement unless otherwise specified in future amendments.
    2. 2.  A donation of money to the City to be used for acquisition of Real Property Interests or capital improvements for parks and recreational use, if memorialized in a Development Agreement.
    3. 3.  A donation of a habitat or trail.  If the donation is a habitat, it must be adjacent to a Portland Parks property, or it must be a minimum of 3 contiguous acres with at least 66 percent of its area covered by the City’s environmental overlay zone.  If the donation is a trail, it must be a major public trail designated on the City’s Official Zoning Maps.
    4. 4.  An improvement or conveyance of Real Property Interests for parks and recreational use that does not otherwise qualify as a Qualified Public Improvement; is not separately eligible for a credit, bonus, or other compensation; and, in the opinion of the Director in their reasonable discretion, serves the City’s public parks and recreation needs.
  26. Z.  “Real Property Interests” means fee title, easement, or other permanent interests in real property as documented in a written conveyance.
  27. AA.  “Remodel” or “remodeling” means to alter, expand or replace an existing structure.
  28. BB.  “Resident Equivalent” means a measure of the impact on parks and recreation facility needs created by Non-Residential Development, as compared to the impact of a resident.
  29. CC.  “SDC Methodology Report” means the methodology report entitled Parks System Development Charge Methodology Update Report, dated April 15, 2015 and adopted as Exhibit A to Ordinance 187150, as may be modified.
  30. DD.  “Temporary use” means a construction trailer or other non-permanent structure.

17.13.030 Rules of Construction.

(Amended by Ordinance 189244, effective November 7, 2018.) 

  1. For the purposes of administration and enforcement of this Chapter, unless otherwise stated in this Chapter, the following rules of construction shall apply:
  2. A.  In case of any difference of meaning or implication between the text of this Chapter and any caption, illustration, summary table, or illustrative table, the text shall control.
  3. B.  The word “shall” is always mandatory and not discretionary: the word “may” is permissive.
  4. C.  Words used in the present tense shall include the future; words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary.
  5. D.  The phrase “used for” includes “arranged for,” “designed for,” “maintained for,” and “occupied for.”
  6. E.  Where a regulation involves two or more connected items, conditions, provisions, or events:
    1. 1.  “And” indicates that all the connected terms, conditions, provisions or events shall apply;
    2. 2.  “Or” indicates that the connected items, conditions, or provisions or events may apply singly or in any combination.
  7. F.  The word “includes” shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

17.13.040 Application.

(Amended by Ordinances 181669, 187150, 189244 and 189924, effective May 15, 2020.) 

  1. This Chapter applies to all New Development throughout the City of Portland.  The amount of the Parks and Recreation SDC shall be calculated according to this section, using the rates set forth in the SDC Methodology Report.
  2. A.  Except as otherwise provided in this Chapter, a Parks and Recreation SDC shall be imposed upon all New Development for which an Application is filed on or after the effective date of this ordinance.
  3. B.  The Applicant shall at the time of Application provide the Administrator with the information requested on an SDC application form regarding the Previous Use and Proposed Use(s) of the property, including the following:
    1. 1.  A description of each of the Previous Uses and Proposed Uses for the property for which the Permit is being sought, including the number of Dwelling Units and square footage for the entire property under the Previous Use and for the Proposed Use(s) of the New Development.
    2. 2.  For residential uses, the number of residential dwellings and the square footage of each Dwelling Unit.
    3. 3.  For non-residential uses, the square footage for each occupancy use type (i.e., office, retail, etc.).
  4. C.  Except as otherwise provided in this Chapter, the amount of the SDC due shall be calculated as follows:
    1. 1.  Calculating the fee for the Proposed Uses (“the Proposed Use Fee”);
      1. a.  Multiplying the number of Dwelling Units by their appropriate per-unit fee, based on square footage of each individual dwelling unit;
      2. b.   Multiplying the square footage of each non-Dwelling Unit Proposed Use by the appropriate per-square-foot occupancy fee; and
      3. c.  Adding the fees for the proposed Dwelling Unit and non-Dwelling Unit uses.
    2. 2.  Calculating the credit for the Previous Uses (“the Previous Use Credit”); and
      1. a.  Multiplying the number of Dwelling Units by their appropriate per-unit fee, based on square footage of each individual Dwelling Unit;
      2. b.  Multiplying the square footage of each non-Dwelling Unit Proposed Use by the appropriate per-square-foot occupancy fee; and
      3. c.  Adding the credits for the previous Dwelling Unit and non-Dwelling Unit uses.
    3. 3.  Subtracting the Previous Use Credit from the Proposed Use Fee to arrive at the net Park SDC due. If the Previous Use(s) were vacant for more than 36 months prior to the date of the application, the SDC due shall be the full amount of the SDC for the Proposed Use(s) and no credit shall be provided for Previous Use(s).
  5. D.  The dollar amounts of the SDC set forth in the SDC Methodology Report are based on 2013 values and shall be adjusted on July 1, 2017 and thereafter annually on July 1st by the difference of the 3-year moving average of the Cost Index.
  6. E.  Notwithstanding any other provision, the adjustment shall not exceed a total of 6 percent in any year. This is calculated by dividing the proposed new rate by the rate of the prior year, or, if a new rate structure was adopted less than 1 year prior, by the variance from the rate most recently adopted. If the resulting change is greater than 6 percent, the rate will be set at 6 percent variance from the rate of 1 year prior, or, if a new rate structure was adopted less than 1 year prior, by the variance from the rate most recently adopted.

17.13.050 Application Requirements.

(Amended by Ordinances 176955, 181669, 187150 and 189244, effective November 7, 2018.) 

  1. All Applications must meet the application completeness requirements of the Planning Bureau and Bureau of Development Services.  This Ordinance applies to all Applications for Building Permits for New Development, which Applications are not yet complete as of the effective date, and to those which are subsequently submitted or made complete.  Fees are assessed based on the rate schedule in use on the date that the permit Application is made complete.  For purposes of this Section, a complete Application must meet all the requirements of the Bureau of Development Services.

17.13.060 Partial and Full Exemptions.

(Amended by Ordinances 176511, 179008, 181669, 183448, 187150, 189050, 189244, 189323, 189924 and 190381, effective April 30, 2021.) 

  1. The uses listed and described in this Section will be exempt, either partially or fully, from payment of the Parks and Recreation SDC.  Any Applicant seeking an exemption under this Section must specifically request that exemption no later than the time of the City’s completion of the final inspection.  Where New Development consists of only part of one or more of the uses described in this section, only that/those portion(s) of the development which qualify under this section are eligible for an exemption.  The balance of the New Development which does not qualify for any exemption under this section will be subject to the full SDC.  Should the Applicant dispute any decision by the City regarding an exemption request, the Applicant must appeal as provided by Section 17.13.120.  The Applicant has the burden of proving entitlement to any exemption so requested.
  2. A.  Temporary uses are fully exempt so long as the use or structure proposed in the New Development will be used for not more than 180 days in a single calendar year.
  3. B.  Certain structures and uses are exempt to the extent provided by Section17.14.070 of this Code.
  4. C.  Alteration permits for commercial interior alteration work are fully exempt, including commercial alterations that change occupancy.  This exemption does not apply to alterations that create additional Dwelling Units, nor does it apply to the particular development on a property that previously benefitted from an exemption for mass shelters or short-term housing under Subsection 17.13.060 I.
  5. D.  New construction or remodeling of Dwelling Units where no additional Dwelling Unit(s) are created and the square footage of each remodeled Dwelling Unit does not change the range of square footage in the SDC Methodology Report is fully exempt.
  6. E.  Campus Housing is fully exempt.
  7. F.  For New Development which includes a mix of exempt and non-exempt forms of development, the applicable exemption(s) apply only to that portion of the New Development to which the exemption applies.

17.13.070 SDC Credits.

(Amended by Ordinance Nos. 172732, 172758, 173386, 174617, 181669, 187150 and 189244, effective November 7, 2018.) 

  1. SDC Credits:
  2. A.  The City may grant a Credit against the Parks SDC, which is otherwise assessed for New Development, for any Qualified Public Improvements constructed by or conveyed by the Applicant as part of that New Development.  At the time the application for a credit is made, the New Development must be identified by a Building Permit Number. Credit will not be allowed for a Qualified Public Improvement that was conveyed more than 36 months prior to the date of the request for the Credit, unless a Development Agreement provides otherwise.  The Applicant bears the burden of evidence and persuasion in establishing entitlement to an SDC Credit and to a particular value of SDC Credit.
  3. B.  To obtain an SDC Credit, the Applicant must specifically request a Credit prior to the City’s completion of the final inspection for the New Development.  In the request, the Applicant must identify the improvements for which Credit is sought and explain how the improvements meet the requirements for a Qualified Public Improvement.  The Applicant must also document, with credible evidence, the value of the improvements for which Credit is sought.  If, in the Administrator’s opinion, the improvements are Qualified Public Improvement, and the Administrator concurs with the proposed value of the improvements, an SDC Credit can be granted, if approved as outlined below.  The value of the SDC Credits under this section shall be determined by the Administrator based on the cost of the Qualified Public Improvement, or the value of Real Property Interests, as follows:
    1. 1.  For Real Property Interests, the value shall be based upon a written appraisal of fair market value by a qualified, professional appraiser based upon comparable sales of similar property between unrelated parties in an arms-length transaction.
    2. 2.  For improvements yet to be constructed, value will be based upon the anticipated cost of construction.  Any such cost estimates must be certified by a professional architect or engineer or based on a fixed price bid from a contractor ready and able to construct the improvement(s) for which SDC Credit is sought.  The City will give immediate credits based on estimates, but it will provide for a subsequent adjustment based on actual costs: a refund to the Applicant if actual costs are higher than estimated, and an additional SDC to be paid by the Applicant if actual costs are lower than estimated.  The City will inspect all completed Qualified Public Improvement projects before agreeing to honor any credits previously negotiated.  The City will limit credits to reasonable costs.  Credits will be awarded only in conjunction with an application for development.
    3. 3.  For improvements already constructed, value will be based on the actual cost of construction as verified by receipts submitted by the Applicant.
  4. C.  The Administrator will acknowledge receipt of the Applicant’s request in writing within 21 days of when the request is submitted.  The Administrator will confirm whether the application is complete or indicate additional information needed.  The Administrator will provide a written explanation of the process for making the decision on the SDC Credit request.
    1. 1.  The “Request for Parks SDC Credit for Qualified Public Improvement” (Form PSDC-7) and accompanying information will be sent to the Parks SDC Administration Section, who will prepare a staff report and convene the SDC Credit Review Committee.  If Requests are received, the Committee will be convened quarterly.  Applications not deemed complete 1 month prior to a committee meeting may not be heard until the following quarterly meeting.  The Committee will be appointed by the Commissioner-in-Charge, after consultation with the Director, and include, but not be limited to, representatives of the following interests:
      1. a.  Development Community (e.g., Metropolitan Home Builders Association).  Up to two representatives.
      2. b.  Environmental (e.g., Portland Audubon Society)
      3. c.  Public Interest (e.g., League of Women Voters, Urban League).  Up to two representatives.
      4. d.  Neighborhood (one for each SDC Sub-Area)
      5. e.  Park Advocate (Portland Parks Board Member)
      6. f.  Business Community (e.g., Portland Business Alliance)
    2. 2.  A representative of the Commissioner-in-Charge may attend and participate in the discussion but may not vote.
    3. 3.  The Applicant may attend the Committee meeting to respond to questions and provide relevant testimony but may not be present during the Committee’s deliberation and vote.  The Administrator will present the public interest to the committee, including staff findings regarding the application.  City Attorney staff may be present to respond to any legal questions.  The Committee will review each proposal and the Administrator will provide a record of the Committee members present, the recommendation, along with any minority viewpoints, and minutes of the Committee’s discussion, including a summary of factors considered to the Director and Commissioner-in-Charge.  If a member of the Committee has a conflict of interest related to a specific application, the member must withdraw from the deliberations and recommendations.  Each neighborhood interest representative may only participate in discussions of and recommendations for applications that pertain to the SDC Sub-Area that the member does not represent. 
    4. 4.  The Director (for SDC credits under $250,000) or Commissioner-in-Charge (for SDC credits of $250,000 and over) will make a decision within 30 days of the SDC Credit Review Committee meeting date.  If a minority viewpoint is presented along with a majority recommendation, the Commissioner and Director will meet to review jointly before issuing a decision.
    5. 5.  Copies of the decision and the Committee recommendations will be shared with the applicant and members of the SDC Credit Review Committee digitally, or as a hard copy if requested.  Copies of the decision and Committee recommendations will also be available in the digital City Archives, with a link on the Parks SDC Webpage.    
  5. D.  If the Applicant disputes the decision to grant or deny an SDC Credit, including the amount of the Credit, the Applicant may appeal as provided in Section 17.13.120.
  6. E.  When the construction or donation of a qualified public improvement gives rise to a credit amount greater than the improvement fee that would otherwise be levied against the project receiving development approval, the excess credit may be applied against improvement fees that accrue in subsequent phases of the original development project.  For purposes of this paragraph, “subsequent phases of the original development project” means additional New Development that is approved as part of the same regulatory development approval (such as elements approved as part of the same conditional use master plan or planned unit development) or other portions of the same “site” (as defined by PCC 33.901.030) that are explicitly defined in the application for SDC credits as subsequent phases of the original development project.  For multi-phased developments, the applicant must describe all subsequent phases at the time application is made for SDC credits and must document to the satisfaction of the SDC Administrator that the subsequent phases are integrally connected with the original development rather than independent projects.
  7. F.  Parks and Recreation SDC Credits are void and of no value if not redeemed with the City for payment of a Parks and Recreation SDC within 5 years of the date of issuance.
  8. G.  Notwithstanding any other provisions of this section, with respect to conveyances of Real Property Interests specified in Development Agreements adopted before June 21, 2000, the value of the credit will be 25 percent of the appraised value of the Real Property Interest.

17.13.080 Alternative Calculation for SDC Rate.

(Amended by Ordinances 181669 and 189244, effective November 7, 2018.)

  1. A.  Pursuant to this section, an Applicant may request an alternative Parks and Recreation SDC rate calculation if the Applicant believes that the Applicant’s SDC should be lower than that calculated by the City.
  2. B.  Alternative SDC Rate Request
    1. 1.  The Applicant’s alterative SDC rate calculation request must provide the Applicant’s reasons that the City’s occupancy assumptions for the class of structures that includes the New Development are inaccurate because:
      1. a.  For residential development, the number of persons per Dwelling Unit is or will be fewer than the number of persons per Dwelling Unit established in the SDC Methodology Report; or
      2. b.  For non-residential development, the number of resident equivalents per 1,000 square feet is or will be fewer than the number of resident equivalents per 1,000 square feet established in the SDC Methodology Report.
    2. 2.  Alternative SDC rate calculations must be based on analysis of occupancy of classes of structures, not on the intended occupancy of a particular New Development. 
    3. 3.  The City will not entertain an alternative SDC rate calculation request filed after the City has completed the final inspection for the New Development.  Upon the timely request for an alternative SDC rate calculation, the Administrator will review the Applicant’s calculations and supporting evidence and make a determination within 21 days of submittal.
    4. 4.  The Applicant must provide complete and detailed documentation, including verifiable dwelling occupancy data, analyzed and certified by a suitable and competent professional.  The Applicant’s supporting documentation must rely upon generally accepted sampling methods, sources of information, cost analysis, demographics, growth projections, and techniques of analysis.  The request must demonstrate that the rate established in the SDC Methodology Report does not accurately reflect the New Development’s impact on the City’s capital improvements.
    5. 5.  The Administrator shall apply the Applicant’s alternative SDC rate calculation if, in the Administrator’s opinion:
      1. a.  The evidence and assumptions underlying the alternative SDC rate calculation are reasonable, correct and credible and were gathered and analyzed in compliance with generally accepted principles and methodologies consistent with this Section;
      2. b.  The proposed alternative SDC rate better or more realistically reflects the actual impact of the New Development than the rate set forth in the SDC Methodology Report.
    6. 6.  The Administrator will respond with a written decision to the Applicant within 21 days of receipt of the Alternative SDC rate calculation request by email or certified mail and either approve or deny the request.

17.13.090 Payment.

(Amended by Ordinances 173565, 181669, 183447, 189244 and 189413, effective March 6, 2019.)

  1. A.  The Parks and Recreation SDC required by this Chapter to be paid is due upon issuance of the Building Permit.  However, in lieu of payment of the full Parks and Recreation SDC, the Applicant may elect to pay the SDC in installments as is authorized by ORS 223.208 and Chapter 17.14 of this Code.  If the Applicant elects to pay the SDC in installments, a lien will be placed against the property that is subject to the SDC Deferral or Installment Agreement entered into by the Applicant and the City on a form provided by the City, and which may provide for the deferral of payments as set forth in Chapter 17.14 of this Code.  In any event, the Applicant shall either pay the SDC in full or enter into an SDC Deferral or Installment Agreement as provided in this Code, before the City will issue any Building Permits.
  2. B.  Upon written request of Portland Parks & Recreation, the Revenue Division is authorized to cancel assessments of SDCs, without further Council action, where the New Development approved by the Building Permit is not constructed and the Building Permit is cancelled.
  3. C.  For property that has been subject to a cancellation of assessment of SDCs, a new installment payment contract shall be subject to the code provisions applicable to SDCs and installment payment contracts on file on the date the new contract is received by the City.

17.13.100 Refunds.

(Amended by Ordinances 181669 and 189244, effective November 7, 2018.) 

  1. Refunds may be given by the Administrator in the following instances:
  2. A.  If the Administrator determines that there was a clerical error in the calculation of the SDC. 
  3. B.  If the City has not expended SDC revenues within 10 years of receipt. 
  4. C.  Upon request by the Applicant, when a building permit application is cancelled.

17.13.110 Dedicated Account and Appropriate Use of Account.

(Amended by Ordinances 181669, 189244 and 189687, effective October 4, 2019.)

  1. A.  There is created a dedicated account entitled the “Parks and Recreation SDC Account.”  All monies derived from the Parks and Recreation SDC shall be placed in the Parks and Recreation SDC Account.  Funds in the Parks and Recreation SDC Account shall be used solely for the purpose of providing capacity-increasing capital improvements as identified in the adopted Parks and Recreation SDC-CIP as it currently exists or as is hereinafter amended, and eligible administrative costs.  In this regard, SDC revenues may be used for purposes which include, but are not limited to:
    1. 1.  design and construction plan preparation;
    2. 2.  permitting;
    3. 3.  land and materials acquisition, including any costs of acquisition, stabilization, or condemnation;
    4. 4.  construction of parks and recreation capital improvements;
    5. 5.  design and construction of new drainage facilities or streets required by the construction of parks and recreation capital improvements and structures;
    6. 6.  relocating utilities required by the construction of improvements;
    7. 7.  landscaping;
    8. 8.  construction management and inspection;
    9. 9.  surveying, soils and material testing;
    10. 10.  acquisition of capital equipment that is, or is an intrinsic part of, a facility;
    11. 11.  demolition that is part of the construction of any of the improvements on this list;
    12. 12.  payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the City to provide money to construct or acquire parks and recreation facilities; and
    13. 13.  direct costs of complying with the provisions of ORS 223.297 to 223.314, including the consulting, legal, and administrative costs required for developing and updating the system development charges methodologies and capital improvement plan; and the costs of collecting and accounting for system development charges expenditures.
  2. B.  Money on deposit in the Parks and Recreation SDC Account shall not be used for:
    1. 1.  any expenditure that would be classified as a maintenance or repair expense; or
    2. 2.  costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements; or
    3. 3.  costs associated with acquisition or maintenance of rolling stock
  3. C.  The City may prioritize SDC-funded projects and may spend SDC revenues for growth-related projects anywhere in the City.  However, the City may not spend, or allocate as a placeholder in the Parks and Recreation SDC Account for future spending, less SDC revenues for local-access parks within any SDC service Sub-Area than the total amount of SDC revenues collected for local-access parks within that Sub-Area.
  4. D.  The proportional breakdown of the Local Access portion to the Non-Local Access portion of the SDC fee is 43 percent to 57 percent.

17.13.120 Challenges and Appeals.

(Amended by Ordinances 174617 and 189244, effective November 7, 2018.)

  1. A.  Any person may challenge the expenditure of SDC revenues by filing a challenge to the expenditure with the Administrator within two years after the date of the disputed SDC revenue expenditure. 
  2. B.  The Applicant may challenge a decision on an SDC Credit as applied under Section 17.13.070 by providing a written notice of appeal to the Administrator no more than 14 calendar days after the decision is posted online.  The Applicant may challenge a decision on an SDC Exemption as applied under Section 17.13.060 or on an SDC Alternative Rate as applied under Section 17.13.080 by providing a written notice of appeal to the Administrator no more than 14 calendar days after the decision is provided to the Applicant.  Appeals of decisions of the Administrator will be reviewed by the Director.  Appeals of decisions of the Director will be reviewed by the Commissioner-in-Charge.  An appeal of a Commissioner’s decision, including but not limited to the Commissioner’s review of the Director’s decision, will be heard by the City Council.  Appeals of decisions of the City Council will be reviewable solely under ORS 34.010 through 34.100.
  3. C.  Except where a different time for an Administrator’s decision is provided in this Chapter, all Administrator decisions shall be in writing and shall be sent to the Applicant within 21 days of Administrator receipt of an Application or other Applicant request for an Administrator determination.  Except where a different time for an appeal is provided in this Chapter, all appeals shall be in writing and shall be submitted within 14 calendar days after the decision is issued. 
  4. D.  If an Applicant files an appeal under Subsection 17.13.120 B., the City shall withhold all Permits and other approvals applicable to the Applicant’s property of the New Development pending resolution of all appeals under this Chapter unless the SDC is paid in full or Applicant provides, for the pendency of the appeal, a financial guarantee or security for the charge in a form acceptable to the City Attorney.

17.13.130 City Review of SDC.

(Amended by Ordinances 181669 and 189244, effective November 7, 2018.)

  1. A.  No later than every 10 years as measured from initial enactment, the City shall undertake a review to determine that sufficient money will be available to help fund the Parks and Recreation SDC-CIP identified capacity-increasing facilities; to determine whether the adopted SDC rate keeps pace with inflation, whether the Parks and Recreation SDC-CIP should be modified, and to ensure that such facilities will not be over-funded by the SDC receipts.
  2. B.  In the event that during the review referred to above, it is determined an adjustment to the SDC is necessary and consistent with state law, the City Council may propose and adopt appropriately adjusted SDCs.
  3. C.  The City Council may from time to time amend or adopt a new SDC Methodology Report by ordinance.

17.13.140 Time Limit on Expenditure of SDCs.

(Amended by Ordinance 189244, effective November 7, 2018.)

  1. The City shall expend SDC revenues within 10 years of receipt, based on the priorities in the Parks and Recreation SDC-CIP list.

17.13.150 Implementing Regulations.

(Amended by Ordinances 187150 and 189244, effective November 7, 2018.) 

  1. The Director may adopt and amend by Administrative Rule regulations and procedures to implement the provisions of this chapter.  Any Administrative Rule adopted under this Section shall be filed with the Auditor for inclusion in the Portland Policy Documents, in accordance with Chapter 1.07 of this Code.  The Administrator may develop forms and procedures as needed to implement this chapter and the Administrative Rules.

17.13.160 Amendment of the Parks and Recreation SDC-CIP List.

(Amended by Ordinances 181669 and 189244, effective November 7, 2018.)

  1. The City Council may amend the Parks and Recreation SDC-CIP list as set forth in the SDC Methodology Report, from time to time to add or remove projects as the City deems appropriate.  The Administrator may, at any time, change the description of the scope, and timing, for projects included in the Parks and Recreation SDC-CIP list.  The Commissioner-in-Charge may change project budgets.  Any amendment of the SDC-CIP list that increases an SDC rate may be adopted only by the Council after a public hearing as provided by ORS 223.309(2).  An updated SDC-CIP list incorporating changes made under this Section will be posted on the Parks and Recreation website.

17.13.170 Severability.

  1. The provisions of this Chapter are severable, and it is the intention to confer the whole or any part of the powers herein provided for. If any clause, section or provision of this Chapter shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of this Chapter shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. It is hereby declared to be the legislative intent that this Chapter would have been adopted had such an unconstitutional provision not been included herein.

Chapter 17.14 Financing of, and Exemptions from, Systems Development Charges

(Chapter added by Ordinance 145785; amended by Ordinances 166334 and 189050, effective August 1, 2018.)

17.14.010 Purpose.

(Amended by Ordinances 183447 and 189050, effective August 1, 2018.) 

  1. The purposes of this Chapter are to authorize financing agreements that provide for payments deferrals and installment payments of City system development charges and to provide exemptions from such charges.  This Chapter fulfills the following mandates:
  2. A.  The requirement of Chapter 722 Oregon Laws of 1977 (ORS 223.207 and 223.208) that the rights and duties accorded the City and property owners by the laws relating to assessments and financing of local improvement districts shall also apply to assessments and financing of those charges imposed by the City that are defined by Subsections 1 (a) and (b) of Section 2, Chapter 722 Oregon Laws of 1977 (ORS 223.208 (1) (a) and (b)); and
  3. B.  The decisions of City Council to establish certain exemptions from the assessment of system development charges.

17.14.020 Definitions.

(Amended by Ordinance 183447, effective July 1, 2010.) 

  1. As used in this Chapter the following terms shall be defined as follows:
  2. A.  “System development charge” means a charge imposed pursuant to Chapters 17.13, 17.15, 17.36 and 21.16 of this Code.
  3. B.  “Owner or property owner” means all persons who appear on the County property tax record for the property subject to the system development charge.
  4. C.   “Responsible Bureau” means the City agency, office, organization, division or bureau which is responsible for calculating and maintaining records regarding system development charges.

17.14.030 Application, Consent to Assessment.

(Amended by Ordinance 183447, effective July 1, 2010.)

  1. Any owner of real property subject to a systems development charge may apply to defer the payment of system development charges, or to pay the charge in installments in a manner similar to that provided for local improvement district assessments.  As a condition to such application, the owner shall waive any right to challenge the validity or applicability of the charge and shall consent to the assessment of the property subject to the charge.

17.14.040 Terms and Conditions of Deferred Payment and Installment Payment Agreements.

(Amended by Ordinances 183447, 185326, 189506 and 191243, effective April 19, 2023.)

  1. A.  Deferred Payments.
    1. 1.  The City shall authorize the deferred payment of system development charges as follows for periods not to exceed:
      1. a. 6 months for a project valued less than or equal to $750,000;
      2. b. 9 months for a project valued greater than $750,000 and less than or equal to $7 million; 
      3. c. 12 months for a project valued greater than $7 million; and
      4. d. 24 months for a project that includes new residential units, regardless of project value, provided a completed building permit application has been received by June 30, 2025, and an SDC deferral application that complies with Section 17.14.030 of this Code must be received between April 6, 2023, and August 15, 2025.
    2. 2.  For purposes of this Section, the City shall rely on the value assigned to projects by the City when calculating building permit fees.
    3. 3.  With the exception of a deferral approved under Subsection A.1.d., of this Section, for which the City will charge no interest during the deferral period, the City shall charge simple interest during the deferral period at the interim interest rate established by ordinance pursuant to Chapter 17.12 of this Code.
    4. 4.  The City shall collect fees and charges for the processing and administration of deferred payment agreements as set by general ordinance.
  2. B.  Installment Payment Agreements.  Payment of principal and interest shall be made in installments as set forth in the signed installment payment contract.

17.14.050 Assessment.

(Amended by Ordinance 189413, effective March 6, 2019.)

  1. The Revenue Division shall report to the Council from time to time the contracts to pay system development charges pursuant to this Chapter.  If the Council finds that the contracts are in order and that subject property has been permitted to connect to City facilities and has thereby benefited, it shall approve the contracts by ordinance direct the billing for the charges upon the land benefited plus a financing fee.  The financing fee shall be calculated as set forth in PCC 17.12 Assessments.  All such assessments may be combined in one assessment roll and shall be entered upon the Docket of City Liens and collected in the same manner as other local improvement assessments. 

17.14.060 Cancellation.

(Amended by Ordinances 183447 and 189413, effective March 6, 2019.)

  1. A.  Upon written request of the responsible City bureau, the Revenue Division is authorized to cancel assessments of system development charges, without further Council action, where the property is not physically connected to the public improvement of where the new development approved by the building permit is not constructed and the building permit is cancelled.  The Revenue Division shall establish administrative guidelines and fees or charges relating to the cancellation of assessments.  The Revenue Division shall maintain on file for public inspection a current copy administrative guidelines and fees or charges.
  2. B.  For property which has been subject to a cancellation of assessment of system development charges, a new installment payment contract shall be subject to the code provisions applicable to system development charges and installment payment contracts on file on the date the new contract is received by the City.

17.14.070 System Development Charge Exemptions.

(Added by Ordinance 189050; amended by Ordinances 189323190381 and 191202, effective March 15, 2023.) 

  1. A.  Affordable housing developments are exempt from all system development charges as provided by Section 30.01.095 of this Code.
  2. B.  Certain developments and uses are exempt from parks and recreation system development charges as provided by Section 17.13.060 of this Code.
  3. C.  Certain developments and uses are exempt from transportation system development charges as provided by Section 17.15.050 of this Code.
  4. D.  Temporary uses are exempt from sanitary sewer system development charges as provided by Section 17.36.040 of this Code.
  5. E.  Certain developments and uses are exempt from water service system development charges as provided by Section 21.16.170 of this Code.
  6. F.  An accessory dwelling unit, as that term is defined in Chapter 33.910 of this Code, is exempt from all system development charges under the following conditions:
    1. 1.  The building permit application for the accessory dwelling unit must have an intake date of August 1, 2018 or later.
    2. 2.  Prior to issuance of a building permit for the accessory dwelling unit, the applicant must submit a recorded covenant on a form provided by the Revenue Division of the Bureau of Revenue and Financial Services.  The covenant will prohibit the use of the accessory dwelling unit or any other structure on the property as an accessory short-term rental, as that term is defined in Chapter 33.207 of this Code, for a period of 10 years from the date of permit final inspection.  The covenant must be recorded in the deed records for the property before the City will issue the building permit.
    3. 3.  The Revenue Division will enforce the requirements of this Section and may:
      1. a.  Adopt, amend, and repeal administrative rules, establish procedures, and prepare forms for the implementation, administration, and enforcement thereof;
      2. b.  In the event of a violation, use any reasonable means to collect debt, including but not limited to private collection agencies, liens, or lawsuits;
      3. c.  Delegate functions under this Section as deemed appropriate by the Revenue Division;
      4. d.  Impose a civil penalty of up to $500 for failure to pay an application fee within 60 days of the approval of an SDC fee waiver;
      5. e.  Impose a civil penalty of up to $500 per violation for failure to provide requested information to the Division; and
      6. f.  Waive or reduce for good cause any civil penalty assessed under this Section.
    4. 4.   If an applicant for an exemption under this section or a successor-in-interest thereof violates the covenant for an accessory dwelling unit or any requirement of this section, or if the covenant is terminated according to its terms:
      1. a.  The exemption will be terminated and all previously exempt portions of system development charges will become immediately due and payable by the then-owner of the property.  The amount owing will be 150 percent of the rates in effect at the time the violation is identified or the covenant is terminated, whichever is later. 
      2. b.  For the purpose of applying any previous use credits, SDC Bureaus will use the timeframe of the ADU building permit intake date.  If credits are applicable, SDC Bureaus will apply credits using the rates in effect at the time the violation is identified, or the covenant terminated, whichever is later.
      3. c.  A processing fee of $400 per waiver application shall apply from August 1, 2018 through June 30, 2019.  Thereafter the Revenue Division Director shall publish a fee schedule based on cost recovery.
      4. d.  The City may collect reinstated system development charges, processing fees, carrying charges, and the actual costs of collections by recording a property lien pursuant to Title 22 of this Code.
  7. G.  Mass, outdoor and short term shelters are exempt from all system development charges as provided by Portland City Code Section 30.01.096.
  8. H.  Occupied recreational vehicles as allowed by Portland City Code Sections 29.50.050 A.2. and A.5. are exempt from all system development charges.
  9. I.  Office-to-residential conversion projects are exempt from all system development charges under the following conditions:
    1. 1.  The applicant applies before July 1, 2027, for a permit to change the occupancy of a building to Oregon Structural Specialty Code (OSSC) occupancy group R-2 (Residential) for the purpose of establishing residential units, and issuance requires a full seismic upgrade to the building, pursuant to Section 24.85.040 or Subsection 24.85.065 B. of this Code, if applicable.
    2. 2.  The building was not previously retrofitted under a finalized permit to meet or exceed the Life Safety standard of the 1993 or later editions of the OSSC, ASCE 41, FEMA-178 or ASCE 31 where Av and Aa = 0.3 or higher was used.
    3. 3.  The building is on a lot any portion of which is located within an area rated with an opportunity score of “5” according to the Opportunity Map published by the City.
    4. 4.  Within 30 days of issuance by the Bureau of Development Services of a Final Certificate of Occupancy, the applicant provides to the Responsible Bureau all of the following:
      1. a.  Documentation from the Bureau of Development Services attesting that permit applications have been reviewed that collectively will result in: 
        1. (1)  The building occupancy changing to OSSC occupancy group R-2; and
        2. (2)  A full seismic upgrade that meets or exceeds the Seismic Improvement Standards specified in Section 24.85.040 or Subsection 24.85.065 B. of this Code, if applicable, or documentation demonstrating that the seismic upgrade work has been completed.
      2. b.  Documentation reflecting the total costs incurred to complete the required seismic upgrades. 
    5. 5.  The applicant submits a recorded covenant on a form provided by the City. 
      1. a.  The covenant must restrict to residential occupancy for a period of 10 years from the date of permit final inspection those portions of the building indicated as residential units on the permit application.
      2. b.  The covenant must be recorded in the deed records for the property before the City will issue the building permit. 
      3. c.  The Revenue Division of the Bureau of Revenue and Financial Services may enforce the requirements of this Subsection 5. in the same manner as for system development charge exemptions for accessory dwelling units under Subsection 17.14.070 F.3. of this Code.  Initially, a processing fee of $600 per application will apply. Thereafter, the Revenue Division Director will publish a fee schedule based on cost recovery.
      4. d.  Violations and terminations of a covenant will be addressed in the same manner as for system development charge exemptions for accessory dwelling units under Subsection 17.14.070 F.4. of this Code.
    6. 6.  This exemption applies only to the building undergoing seismic upgrades in accordance with this Subsection and does not apply to other buildings on the same lot that do not individually meet such requirements.
    7. 7.  The City will calculate exemption amounts in the manner authorized for calculating system development charges for properties with residential units.  The exemption will apply to all residential units, including on-site manager units and shared space, including but not limited to restrooms, community rooms, kitchens, and laundry facilities.
    8. 8.  The total exemption amount for all system development charges for a building is subject to adjustment by the City and may not exceed the actual costs incurred to complete the required seismic retrofit or $3 million, whichever is less.

Chapter 17.15 Transportation System Development Charge

(Chapter added by Ordinance No. 171301, effective July 18, 1997.)

17.15.010 Scope and Purposes.

(Amended by Ordinances 181322, 182652, 184756 and 188619, effective January 1, 2018.)

  1. A.  New development within the City of Portland contributes to the need for capacity increases for roads, multi-modal transportation and related transportation improvements, to enable new development to take advantage of transit systems and, therefore, new development should contribute to the funding for such capacity increasing improvements.  This SDC will fund a portion of the needed capacity increases for arterial, boulevard and collector roads, multi-modal transportation improvements and associated bus and transit improvements, sidewalks, bicycle and pedestrian facilities, street lighting and stormwater drainage  and treatment facilities, and other public facilities specified in the City of Portland Transportation System Plan.
  2. B.  ORS 223.297 through 223.314 grant the City authority to impose a SDC to equitably spread the costs of essential capacity increasing capital improvements to new development.
  3. C.  The SDC is incurred upon application to develop property for a specific use or at a specific density.  The decision regarding uses, densities, and/or intensities causes direct and proportional changes in the amount of the incurred charge.  This SDC is separate from other fees provided by law or imposed as a condition of development.  It is a fee for service because it contemplates a development’s receipt of transportation services based upon the nature of that development.
  4. D.  The SDC imposed by this Chapter is not a tax on property or on a property owner as a direct consequence of ownership of property within the meaning of Section 11b, Article XI of the Oregon Constitution or legislation implementing that section.  This Chapter does not shift, transfer or convert a government product or service, wholly or partially paid for by ad valorem property taxes, to be paid for by a fee, assessment or other charge, within the meaning of Section 11g, Article XI of the Oregon Constitution.
  5. E.  The funding provided by this Chapter constitutes a mandatory collection method based upon the guidelines set forth in ORS 223.297 through 223.314 to assure the construction of capacity increasing improvements to arterial, boulevard and collector roads as well as to bicycle, pedestrian and transit facilities as contemplated in the Transportation Element of the City Comprehensive Plan, City of Portland Transportation System Plan and the list of projects, referred to as the TSDC Project List, to be funded with money collected under this Chapter. The TSDC Project List is not to be confused with the City of Portland Capital Improvement Program.
  6. F.  This Chapter is intended only to be a financing mechanism for the capacity increases needed for major City traffic and collector streets, multi-modal improvements associated with new development and capacity increasing transportation improvements and does not represent a means to fund maintenance of existing roads.
  7. G.  The City hereby adopts the methodology report and rate study entitled Transportation System Development Charge Update, hereinafter referred to as “City Rate Study,” as well as the North Macadam Overlay Rate Study and the Innovation Quadrant Overlay Project Report and incorporates herein by this reference the assumptions, conclusions and findings in the report which refer to the determination of anticipated costs of capital improvements required to accommodate growth.
  8. H.  The Transportation SDC provided for in this Chapter is designed to help finance the Transportation System facilities listed in the TSDC Project List as a means of ensuring that adequate capacity is maintained in the City’s Transportation System.  However, the City specifically recognizes that the entire project list will likely not receive full funding from the proceeds of this SDC, and it is unlikely that every one of the projects listed will be constructed.  The City recognizes that the projects in the TSDC Project List are not comprehensive, and that construction of other projects not included on the TSDC Project List may also advance the policy objective of maintaining capacity in the City’s Transportation System.
  9. I.  In conjunction with the Transportation System capacity objectives of this Chapter, the City places a high priority on the development of affordable housing.  The development of affordable housing promotes the public purpose of providing quality housing options for families and individuals earning 60 percent or less of the Area Median Income.  Providing an exemption from the Transportation SDC will make it possible to develop more and better affordable housing within the metropolitan area.

17.15.020 Definitions.

(Amended by Ordinances 171698, 172677, 173121, 175717, 176782, 181322, 182389, 182652, 184756, 185459, 188619, 188757 and 188758, effective January 3, 2018.)

  1. A.  “Accessway” means a walkway that provides pedestrian and/or bicycle passage either between streets or from a street to a building or other destination such as a school, park, or transit stop.  Accessways generally include a walkway and additional land on either side of the walkway, often in the form of an easement or right-of-way, to provide clearance and separation between the walkway and adjacent uses.  Accessways through parking lots are generally physically separated from adjacent vehicle parking or parallel vehicle traffic by curbs or similar devices and include landscaping, trees and lighting.  Where Accessways cross driveways, they may be raised, paved or marked in a manner which provides convenient access for pedestrians.
  2. B.  “Administrator” means that person as appointed by the Director of Transportation to manage and implement this SDC program.
  3. C.  “Alternative System Development Charge” means any SDC established pursuant to Section 17.15.070 of this Chapter.
  4. D.  “Applicant” means the person who applies for a Building Permit.
  5. E.  “Application” means the written request by an Applicant for a Building Permit.
  6. F.  “Building Official” means that person, or their designee, certified by the State and designated as such to administer the State Building Codes for the City.
  7. G.  “Building Permit” means that permit, including development and zoning permits, issued by the City Building Official pursuant to the State of Oregon Structural Specialty Code or as amended, and the State of Oregon Residential Specialty Code or as amended.  In addition, Building Permit shall mean the Manufactured Home Installation Permit issued by the City Building Official, relating to the placement of manufactured homes in the City.
  8. H.  “City” means City of Portland, Oregon.
  9. I.  “City Rate Study” means the report entitled Transportation System Development Charge Update, dated June 2017and adopted as Exhibit A to Ordinance No. 188619.
  10. J.  “Comprehensive Plan” means the current, adopted Comprehensive Plan of the City of Portland.
  11. K.  “Condition of Development Approval” is a Bureau of Transportation requirement imposed on an Applicant by a city land use or limited land use decision, site plan approval or building permit either by operation of law, including but not limited to the City Code or Rule or regulation adopted thereunder, or a condition of approval.
  12. L.  “Construction Cost Index” means the 20-City Construction Cost Index published by the Engineering News Record.
  13. M.  “Credit” means the amount by which an Applicant may be able to reduce the SDC fee as provided in this Chapter. 
  14. N.  "Developer" means the person constructing a Qualified Public Improvement or eligible capital improvement prior to the construction of the New Development.
  15. O.  “Development” means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage or activities that have the effect of generating additional PM Peak Hour Trips.  Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or unimproved land.
  16. P.  “Director of Transportation” means that person or their designee who is responsible for managing the Bureau of Transportation.
  17. Q.  “Finance Director” means that person or their designee who is responsible for managing the Finance Department for the City of Portland.
  18. R.  “Innovation Quadrant Overlay Project Report” means the report entitled Innovation Quadrant Transportation System Development Charge Overlay Project Report, dated May 2011 and adopted as Exhibit A to Ordinance. No. 184756, and as updated in Exhibit A to Ordinance No. 188758.
  19. S.  “Innovation Quadrant Transportation System Development Charge TSDC Overlay” means a transportation system development charge (TSDC) zone over the Innovation Quadrant area, as it presently exists or may be amended in the future, in which additional SDCs are collected and expended on capacity-increasing projects to serve future users within the Innovation Quadrant.
  20. T.  “Institutional Development” means development associated with a medical or educational institution and associated uses, on a site of at least five acres in area.  Medical institutional campuses include medical centers and hospitals.  Educational institutional campuses include universities, colleges, high schools, and other similar institutions offering course of study leading to a high school diploma or a degree certified by a recognized accreditation body.  Associated uses on institutional campuses may include some commercial or light industrial uses, residential and other uses.
  21. U.  “ITE Manual” means the current edition of that manual entitled “An Institute of Transportation Engineers Informational Report - Trip Generation.”  A copy of the ITE Manual shall be kept on file with the Bureau of Transportation.
  22. V.  “Methodology” means the narrative, formulas and charts that serve as the framework for determining the system development charges, as set forth in the City Rate Study. 
  23. W.  “Multi-Modal” means vehicular, transit, bicycle, pedestrian and wheel chair transportation.
  24. X.  “New Development” means Development on any site which increases overall Trip generation from the site according to Table 4-3 of The City Rate Study or pursuant to Section 17.15.070 of this Chapter.  Except as provided under Section 17.15.050, New Development for purposes of this Chapter includes remodeling to the extent that it generates additional Trips.
  25. Y.  “North Macadam Overlay Rate Study” means the report entitled North Macadam Transportation System Development Charge Overlay Rate Study, dated January 2009 and adopted as Exhibit A to Ordinance 182652, and as updated in Exhibit A to Ordinance No. 188757.
  26. Z.  “North Macadam Transportation System Development Charge TSDC Overlay” means a transportation system development charge (TSDC) zone over the entire North Macadam urban renewal area (URA), as it presently exists or may be amended in the future, in which additional SDCs are collected and expended on capacity-increasing projects to serve future users within North Macadam.
  27. AA.  “Over-capacity” means that portion of an improvement that is built larger or with greater capacity  than is necessary to serve the Applicant’s New Development or mitigate for transportation system impacts attributable to the Applicant’s New Development.  There is a rebuttable presumption that improvements built to the City’s minimum standards are required to serve the Applicant’s New Development and to mitigate for transportation system impacts attributable to the Applicant’s New Development.
  28. BB.  “Pedestrian Connection” means a continuous, unobstructed, reasonably direct route between two points that is intended and suitable for pedestrian use.  Pedestrian connections include but are not limited to sidewalks, walkways, stairways and pedestrian bridges.  On developed parcels, pedestrian connections are generally hard surfaced.  In parks and natural areas, pedestrian connections may be soft-surfaced pathways.  On undeveloped parcels and parcels intended for redevelopment, pedestrian connections may also include rights-of-way or easements for future pedestrian improvements.
  29. CC.  “Permit” means a Building Permit.
  30. DD.  “Person Trip” means a Trip made by a person or persons to and from a Development during the PM Peak Hour.
  31. EE.  “PM Peak Hour” means the 60-minute time period of highest Trip generation during the afternoon period between 4 p.m. and 6 p.m.
  32. FF.  “Port Development” means a planned development owned or operated by a unit of government involving a facility used for cargo freight or passenger transportation by air, water, rail or public mass transit, including accessory uses.  Uses that are accessory to Port Development are those which send or receive cargo freight or are related to passenger movement or service.
  33. GG.  “Previous use” means the most recent permitted use conducted at a particular property.  Where the site was used simultaneously for several different uses (mixed use), then, for purposes of this Chapter, all of the specific use categories shall be considered.  Where one use of the site accounted for 70 percent or more of the total area used, then that dominant use will be deemed to be the sole previous use of the site.  Where the previous use is composed of a primary use with one or more ancillary uses that support the primary use and are owned and operated in common, that primary use shall be deemed to be the sole use of the property for purposes of this Chapter.
  34. HH.  “Proposed use” means the use proposed by the Applicant for a New Development.  Where the Applicant proposes several different uses (mixed use) for the New Development then, for purposes of this Chapter, all of the specific use categories shall be considered.  Where the proposed use is composed of a primary use with one or more ancillary uses that support the primary proposed use and are owned and operated in common, that primary use shall be deemed to be the sole proposed use of the property for purposes of this chapter.
  35. II.  “Qualified Public Improvement” means any transportation system capital improvement or conveyance of an interest in real property that increases the capacity of the City’s Transportation System and is:
    1. 1.  Required by the Bureau of Transportation as a condition of the Development approval, and
    2. 2.  Listed on the City’s TSDC Project List, and
      1. a.  Not located on or contiguous to the Applicant’s New Development site, or
      2. b.  Located on or contiguous to the Applicant’s New Development site, and in the opinion of the Administrator is an Over-Capacity improvement or conveyance.
  36. JJ.  “Remodel” or “Remodeling” means to alter, expand or replace an existing structure.
  37. KK.  “Right-of-Way” means that portion of land that is dedicated for public use including use for pedestrians, bicycles, vehicles and transit, utility placement and signage.
  38. LL.  “Roads” means streets, roads and highways.
  39. MM.  “Temporary Use” means a construction trailer or other non-permanent structure.
  40. NN.  “Transportation SDC Capital Improvement Plan,” also called TSDC Project List, means the City program set forth in the City Rate Study that identifies all of the major transportation system and facilities capacity, safety, reconstruction, bicycle, pedestrian, transit and bridge improvements projected to be necessary to accommodate existing and anticipated transportation system demands within the next 10 years, and within the next 20 years as described in the North Macadam Overlay Rate Study and Innovation Quadrant Overlay Project Report.
  41. OO.  “Transportation System Development Charge,” or “SDC,” refers to the fee to be paid under this Chapter.
  42. PP.  “Transportation SDC Rate Schedule” refers to the listing of fees for development types, as adopted in Ordinance No. 188619 and, if applicable, Ordinance Nos. 182652 and 184756 for the North Macadam and Innovation Quadrant TSDC Overlay areas, respectively.
  43. QQ.  “Transportation System Plan,” or “TSP,”, means the current, adopted 20-year plan for transportation improvements in the City.
  44. RR.  “Trip” means Person Trip.
  45. SS.  “Vehicle” means a motorcycle, automobile, truck, boat or recreational vehicle, but does not include transit, bicycles and motorized wheelchairs for the disabled.
  46. TT.  “Vehicular” means a reference to a vehicle.
  47. UU.  “Walkway” means an area intended and suitable for use by pedestrians, that meets standards of the American with Disabilities Act, located in public right-of-way.

17.15.030 Rules of Construction.

(Amended by Ordinance 188619, effective January 1, 2018.)  

  1. For the purposes of administration and enforcement of this Chapter, unless otherwise stated in this Chapter, the following rules of construction shall apply:
  2. A.  In case of any difference of meaning or implication between the text of this Chapter and any caption, illustration, summary table, or illustrative table, the text shall control.
  3. B.  The word “shall” is always mandatory and not discretionary; the word “may” is permissive.
  4. C.  Words used in the present tense shall include the future; and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary.
  5. D.  The phrase “used for” includes “arranged for,” “designed for,” “maintained for,” and “occupied for.”
  6. E.  Where a regulation involves two or more connected items, conditions, provisions, or events:
    1. 1.  “And” indicates that all the connected terms, conditions, provisions or events shall apply;
    2. 2.  “Or” indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
  7. F.  The words “include” and “includes” shall not limit a term to the specific example, but are intended to extend the term’s meaning to all other instances or circumstances of like kind or character.

17.15.040 Application.

(Amended by Ordinances 181322, 182652, 184756, 185195, 185459, 187210 and 188619, effective January 1, 2018.) 

  1. This Chapter applies to all New Development throughout the City of Portland.  The amount of the Transportation SDC shall be calculated according to this section.  For any New Development within the North Macadam Overlay Rate Study boundaries, the transportation SDC shall be the sum of two calculations, the first based upon the City Rate Study and the second based upon the North Macadam Overlay Rate Study.  For any New Development within the Innovation Quadrant area boundaries, the transportation SDC shall be the sum of two calculations, the first based upon the City Rate Study and the second based upon the Innovation Quadrant Overlay Project Report. 
  2. A.  New Development.
    1. 1.  Except as otherwise provided in this Chapter, a Transportation SDC shall be imposed upon all Applications for New Development.
    2. 2.  The Applicant shall at the time of Application provide the Administrator with the information requested on an SDC application form regarding the previous and proposed use(s) of the property, including the following:
      1. a.  A description of each of the previous and proposed uses for the property for which the Permit is being sought--with sufficient detail to enable the City to calculate Trip generation for the entire property under the previous use and for the proposed use(s) of the New Development.
      2. b.  For residential uses--the number of residential dwellings, including type, e.g., single family or multi family.
      3. c.  For commercial uses--the square footage (or other unit of measure, as applicable) for each type of commercial use, e.g., office, retail, etc.
    3. 3.  Except as otherwise provided in this Chapter, the amount of the SDC due shall be determined by estimating the Trip generation of the previous use(s) on the property and the Trip generation for all of the proposed use(s) and then calculating the total SDC for the previous use(s) and the proposed uses(s) as provided in the Transportation SDC Rate Schedule.
      1. a.  If the Person Trips attributable to the proposed use of the New Development are within 15 percent ± of the Person Trips attributable to the total previous use of the property and do not increase or decrease Person Trips by more than 25 Person Trips, the Applicant is not required to pay any SDC and is not eligible for any SDC reimbursement or credit.
      2. b.  If the Person Trips attributable to the proposed use of the New Development are more than 115 percent of the Person Trips attributable to the total previous use, the Applicant shall pay the difference between the SDC attributable to the proposed use and the SDC attributable to the total previous use.
      3. c.  If the Person Trips attributable to the proposed New Development are less than 85 percent of the Person Trips attributable to the total previous use(s), and the Development had previously paid a Transportation SDC, then the Applicant shall be eligible for an SDC reimbursement under Section 17.15.060.
    4. 4.  In the event an identified use does not have a basis for Trip determination stated in the City Rate Study, the Administrator shall identify the land use or uses that has/have a Trip generation rate most similar to the use(s) in question and apply the Trips generation rate most similar to the proposed use or uses.
    5. 5.  Notwithstanding any other provision, the dollar amounts of the SDC set forth in the Transportation SDC Rate Schedule as well as the North Macadam Overlay Rate Study and the Innovation Quadrant Overlay Project Report shall on July 1st of each year be increased or decreased automatically by the difference of the 5-year moving average of the 20-City Construction Cost Index published by the Engineering News Record. 
  3. B.  Institutional Development.
    1. 1.  Institutional Development shall be subject to assessment under this Subsection or under Subsection A. above, at the election of the Applicant.  If the Applicant elects assessment under this Subsection, this method of assessment shall be utilized on Institutional properties designated in the election for a period of not less than three years from date of initial election.
    2. 2.  Within 60 days of election of the alternate assessment under this Subsection, the Applicant Institution shall submit the proposed methodology for counting Trips to the Administrator.  The Administrator shall determine whether the proposed methodology is acceptable within 20 days from the date of election and submission, and, if the methodology is rejected, the Administrator shall provide an explanation for the decision.
    3. 3.  Within one year of the date of election of the alternative method of assessment under this Subsection, at the time(s) designated in the accepted method to count Trips, the Applicant Institution shall establish the average PM Peak Hour Trip count.  Such data and related analysis shall be based upon a methodology to calculate Trips accepted by the Administrator.
    4. 4.  The amount of the SDC shall be determined at the end of each 12-month period by multiplying the applicable dollar amount, as provided in the Transportation SDC Rate Schedule, by the change in average PM Peak Hour Trip count during the intervening 12-month period.  Such SDC, if any, shall be due and payable within 45 days from the close of the 12-month period. 
    5. 5.  For uses for which the appropriate SDC calculation is a unit of measure other than square feet, such as the number of students, movie screens, etc., the first Application submitted for such a use that is subject to this Chapter shall establish the baseline number of existing units of measure.  No SDC shall be assessed against that baseline.  A baseline Trip rate so established shall be valid, and need not be recalculated, for the next 12 months.
  4. C.  Port Development.  At the Applicant’s option, Port Development may be subject to assessment under Subsection A. of this Section, or under this Subsection. 
    1. 1.  If the Applicant elects assessment under this Subsection C., the Applicant and the City shall negotiate an agreement for the payment of a fee in lieu of the Transportation SDC that includes the following elements:
      1. a.  A methodology for estimating the amount of the SDC which would be imposed pursuant to Subsection A. above during a period of either 3 years or until the expiration of the SDC project list, whichever is less, but in any event not more than 10 years, as specified by the Applicant.  The methodology shall take into account the Port Development anticipated under the Applicant’s master plan during the period specified in that plan, the Trips that the Port Development is expected to generate, Trip levels against which SDCs have historically been assessed, the anticipated increases or decreases in the dollar amounts of the SDC during the specified period, any applicable credits or exemptions and any other factors which the Administrator deems to be relevant.  In no event shall the charge estimated under this Subsection be less than the SDC that would otherwise be due for the Port Development and the Applicant shall indicate its agreement to the methodology in writing.
      2. b.  A payment period shall be imposed during which the Applicant shall pay in full the amount due within 12 months of the Applicant’s agreement to the methodology.
    2. 2.  In the event the Applicant and the City are unable to agree to a methodology under this Subsection, the normal method of calculating and assessing the SDC under Subsection A. above shall apply.

17.15.050 Exemptions and Discounts.

(Amended by Ordinances 171698, 173437, 177198, 181322, 182389, 182652, 183679, 183448, 184756, 185195, 185987, 187821, 188619, 188757, 188758, 189050, 189323, 189651 and 190381, effective April 30, 2021.) 

  1. The uses listed and described in this section shall be exempt, either partially or fully, from payment of the Transportation SDC.  Any Applicant seeking an exemption or a discount under this Section shall specifically request that exemption within 180 days after building permit issuance for the New Development.  Where New Development consists of only part of one or more of the uses described in this section, only that/those portion(s) of the development which qualify under this section are eligible for an exemption or discount.  The balance of the New Development which does not qualify for any exemption or discount under this section shall be subject to the full SDC.  Should the Applicant dispute any decision by the City regarding an exemption or discount request, the Applicant must apply for an alternative exemption calculation under Section 17.15.070.  The Applicant has the burden of proving entitlement to any exemption so requested.
  2. A.  Temporary Uses are fully exempt so long as the use or structure proposed in the New development will be used not more than 180 days in a single calendar year.
  3. B.  New Development that will not generate more than 15 percent more Person Trips than the present use of the property generates and that will not increase Person Trips by more than 25 Person Trips shall be fully exempt.
  4. C.  Certain structures and uses are exempt to the extent established by Section17.14.070 of this Code.
  5. D.  Discount of the Transportation SDC may be available for qualified land use types described in this Subsection and located within designated areas of the City. The Applicant has the burden of proving entitlement to any discount so requested. For projects located within the North Macadam TSDC Overlay area or Innovation Quadrant TSDC Overlay area, the discount is only applicable to the Citywide TSDC.  No discount may be applied to the North Macadam Overlay TSDC or the Innovation Quadrant Overlay TSDC.
    1. 1.  To qualify for a discount, the Applicant must demonstrate the following:
      1. a.  The New Development will be located within the Central City or other centers as designated by the Bureau of Planning and Sustainability. Other centers include the Gateway Plan District, areas within Town Centers and Neighborhood Centers as mapped in the new 2035 Comprehensive Plan, and parcels within 1,000 feet of light rail stations (excluding single-family, OS, and IG and IH zones).
      2. b.  The New Development will meet the eligibility criteria listed in the following table:
      3. Residential

        Single Family (1,200 square feet or more)

        Ineligible

        Single Family (1,199 square feet or less)

        Ineligible

        Multiple Family

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Senior Housing/Congregate Care/Nursing Home

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Commercial – Services

        Bank

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Day Care

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Hotel/Motel

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Service Station / Gasoline Sales 

        Ineligible

        Movie Theater/Event Hall

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Carwash

        Ineligible 

        Health Club / Racquet Club

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Commercial – Institutional

        School, K-12

        Eligible 

        University / College / Jr. College

        Eligible 

        Church

        Eligible 

        Hospital

        Eligible 

        Park

        Eligible 

        Commercial - Restaurant

        Restaurant (Standalone)

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Quick Service Restaurant (Drive-Though)

        Ineligible

        Commercial - Retail

        Shopping/Retail

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Convenience Market 

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Free Standing Retail Store/ Supermarket

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Car Sales - New / Used

        Ineligible

        Commercial – Office

        Administrative Office

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Medical Office / Clinic

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Industrial

        Light Industry / Manufacturing

        Eligible if in mixed use site that is built to at least 75% of max FAR

        Warehousing / Storage

        Ineligible

        Self-Storage

        Ineligible

    2. 2.  The following Transportation SDC discounts apply to eligible land uses:
      1. a.  Central City – 33 percent reduction
      2. b.  Other Centers– 8 percent reduction
  6. E.  Graded Scale:  A change in use of an existing building where the gross enclosed floor area does not exceed 3,000 square feet is fully exempt.  A change in use of an existing building where the gross floor area is between 3,000 square feet and 5,000 square feet shall be assessed on a graded scale.  The percentage of the rate to be assessed on the entire existing building shall be calculated by the following equation:
  7. (size of existing building - 3,000 square feet) / 2,000 square feet
  8. Examples of Graded Scale Assessment Calculations
  9. (4,000 - 3,000) / 2,000 = 0.50   Existing 4,000 square foot building assessed at 50% of the rate
  10. (3,200 - 3,000) / 2,000 = 0.10   Existing 3,200 square foot building assessed at 10% of the rate
  11. (4,900 - 3,000) / 2,000 = 0.95   Existing 4,900 square foot building assessed at 95% of the rate
  12. F.  Alteration permits for tenant improvements, new construction or remodeling are fully exempt where:
    1. 1.  no additional dwelling unit(s) or structure(s) are created;
    2. 2.  the use or structure will not result in an increase in additional Trips according to the City Rate Study and, if applicable, the North Macadam Overlay Rate Study or the Innovation Quadrant Overlay Project Report;
    3. 3.  the use or structure is of a temporary nature and is used less than 180 days in a calendar year.
  13. G.  The construction of accessory buildings or structures which will not create additional dwelling units or which do not create additional demands on the City’s capital improvements are fully exempt.
  14. H.  For New Development which includes a mix of exempt and non-exempt forms of development, the applicable exemption(s) shall apply only to that portion of the New Development to which the exemption applies.

17.15.060 SDC Credits, SDC Credit Transfers and SDC Reimbursements.

(Amended by Ordinances 172677, 173121, 173437, 174936, 181322, 182652, 184756, 185195 and 188619, effective January 1, 2018.)

  1. A.  SDC Credits:
    1. 1.  The City may grant a credit against the Transportation SDC, which is otherwise assessed for a New Development, for eligible capital improvements constructed or dedicated as part of the New Development.  The Applicant bears the burden of evidence and persuasion in establishing entitlement to an SDC Credit and to a particular value of SDC Credit.
      1. a.  To obtain an SDC Credit, the Applicant must specifically request a credit within 180 days after building permit issuance for the New Development.  In the request, the Applicant must identify the improvement(s) for which credit is sought and explain how the improvement(s) meet the requirements for a Qualified Public Improvement or other eligible improvement pursuant to Subsection 17.15.060 A.1.c.  The Applicant shall also document, with credible evidence, the value of the improvement(s) for which credit is sought, as follows:
        1. (1)  For dedicated lands, value shall be based upon a written appraisal of fair market value by a qualified, professional appraiser based upon comparable sales of similar property between unrelated parties in an arms-length transaction.
        2. (2)  For improvements yet to be constructed, value shall be based upon the anticipated cost of construction.  Any such cost estimates shall be certified by a professional architect or engineer or based on a fixed price bid from a contractor ready and able to construct the improvement(s) for which SDC Credit is sought.
        3. (3)  For improvements already constructed, value shall be based on the actual cost of construction as verified by receipts submitted by the Applicant.
      2. b.  If, in the Administrator’s opinion, the improvement(s) are Qualified Public Improvements, and the Administrator concurs with the proposed value of the improvement(s), an SDC Credit shall be determined by the Administrator as follows:
        1.  (1)  For improvements on or contiguous to the New Development site, only the costs for the Over-Capacity portion of the improvement as described in the definition of Qualified Public Improvement are eligible for SDC Credit.  There is a rebuttable presumption that improvements built to the City’s minimum standards are required to serve the Applicant’s New Development and to mitigate for transportation system impacts attributable to the Applicant’s New Development.
        2. (2)  For Qualified Public Improvements not located on or contiguous to the New Development site, the full cost of the improvement may be eligible for SDC Credit.
      3. c.  The Administrator may grant credit for all or a portion of the costs of capital improvements constructed or dedicated as part of the New Development that do not meet the requirements of Qualified Public Improvements, provided that the improvements are listed on the City’s TSDC Project List. In such case, the Administrator may determine what portion of the costs are eligible for SDC Credit.
      4. d.  For all improvements for which Credit is sought within the North Macadam Transportation System Development Charge Overlay, the Administrator shall apportion the Credit based upon the percent of the total SDC attributable to the City Rate Study and the Overlay Rate Study.
      5. e.  For all improvements for which Credit is sought within the Innovation Quadrant Transportation System Development Charge Overlay, the Administrator shall apportion the Credit based upon the percent of the total SDC attributable to the City Rate Study and the Innovation Quadrant Overlay Project Report.
      6. f.  The Administrator will provide to the Applicant a written notice of the City’s decision on the SDC Credit request, including an explanation thereof, within 21 calendar days of the request being submitted. 
      7. g.  The Applicant may seek an alternative SDC Credit calculation under Section 17.15.070.  Any request for an Alternative SDC Credit calculation must be filed with the Administrator in writing within 10 calendar days of the written decision on the initial Credit request.
    2. 2.  Granting SDC Credits to New Development Prior to Commencing Construction of New Development.  When an eligible improvement is built by a Developer prior to an Applicant applying for Building Permits for the New Development, the City may grant a credit for any eligible improvement(s).  Credits issued are pursuant to the following requirements and conditions:
      1. a.  The Developer must specifically request a credit prior to the first Application for a Building Permit, but after the issuance of the Public Works Permit for the eligible improvement;
      2. b.  For improvements yet to be constructed, the Developer shall provide the City with an enforceable mechanism to guarantee completion of the eligible improvement, either in the form of a performance bond or other financial guarantee acceptable to the Administrator; and
      3. c.  The Developer shall submit written confirmation to the Administrator on the form provided acknowledging:
        1. (1)  That SDC credits issued pursuant to this Section are in lieu of any other credits that could be claimed by the Developer or other Applicants on account of the eligible improvement; and
        2. (2)  That it is the Developer's obligation to advise subsequent Applicants of the New Development that SDC credits associated with the eligible improvement have already been issued and that no further credits are available.
    3. 3.  Where the amount of an SDC Credit approved by the Administrator under this Section exceeds the amount of the Transportation SDC assessed by the City upon a New Development, the SDC Credit may not be transferred to a different development site. An SDC Credit shall be issued by the City for a particular dollar value to the Applicant or Developer. The Applicant or Developer may convey by any means and for any value an SDC Credit to any other party to be used on the initial development site.
    4. 4.  The City previously allowed SDC Credits to be transferred to other parties without restriction as to location.  The City will continue to honor those SDC Credits issued prior to January 1, 2018.
    5. 5.  The City shall accept at face value any SDC Credit presented as full or partial payment for the Transportation SDC due on New Development, except that SDC credits approved in connection with New Development outside the North Macadam Renewal District and applied to New Development inside the North Macadam Urban Renewal District may only be applied to the portion of that New Development’s SDCs payable under the City Rate Study, and SDC credits approved in connection with New Development outside the Innovation Quadrant and applied to New Development inside the Innovation Quadrant may only be applied to the portion of that New Development’s SDCs payable under the City Rate Study.  Neither the City nor any of its employees or officers shall be liable to any party for accepting an SDC Credit, approved and issued by the City under this Section, as payment for a Transportation SDC.
    6. 6.  SDC Credits are void and of no value if not redeemed with the City for payment of a Transportation SDC within 10 years of the date of issuance.
    7. 7.  It shall be a violation of this title for any person to counterfeit or forge an SDC Credit or knowingly attempt to negotiate or redeem any counterfeit or forged SDC Credit.
  2. B.  SDC Reimbursement.
    1. 1.  If an Applicant proposes New Development on property on which there is already a use that generates at least 15 percent more Person Trips than the proposed use generates, or that generates at least 25 more Person Trips beyond what the proposed use generates, and if the Development had previously paid a Transportation SDC, then the Applicant shall be entitled to an SDC reimbursement.  The SDC reimbursement shall be in the form of a credit equal to the difference between the SDC Rate of the previous use and that for the proposed use.  The Applicant bears the burden of evidence and persuasion in establishing entitlement to an SDC reimbursement and to a particular amount of such a reimbursement.
    2. 2.  To obtain an SDC reimbursement, the Applicant must request the reimbursement within 180 days after building permit issuance for the New Development and must document the basis for the request with traffic reports prepared and certified to by a Professional Engineer.
    3. 3.  The Administrator shall notify the Applicant in writing of its decision on the SDC Reimbursement request and shall provide a written explanation of the decision.  For all improvements for which Reimbursement is sought within the North Macadam Transportation System Development Charge Overlay, the Administrator shall apportion the Reimbursement based upon the percent of the total SDC attributable to the SDC calculated from the City Rate Study and from the North Macadam Overlay Rate Study.  For all improvements for which Reimbursement is sought within the Innovation Quadrant Overlay, the Administrator shall apportion the Reimbursement based upon the percent of the total SDC attributable to the SDC calculated from the City Rate Study and from the Innovation Quadrant Overlay Project Report.
    4. 4.  The Applicant may seek an Alternative SDC Reimbursement calculation under Section 17.15.070 in the same manner as for an Alternative SDC Rate request.  Any request for an Alternative SDC reimbursement calculation must be filed with the administrator in writing within 10 calendar days of the written decision on the initial reimbursement request.

17.15.070 Alternative Calculation for SDC Rate, Credit, Exemption, or Discount.

(Amended by Ordinances 181322, 182652, 184756 and 188619, effective January 1, 2018.)

  1. A.  Pursuant to this section, an applicant may request an alternative SDC calculation, alternative SDC credit determination or alternative SDC exemption, but only under the following circumstances:
    1. 1.  The Applicant believes the number of Person Trips resulting from the New Development is, or will be, less than the number of Trips established in The City Rate Study and if applicable, the North Macadam Overlay Rate Study or the Innovation Quadrant Overlay Project Report, and for that reason the Applicant’s SDC should be lower than that calculated by the City.
    2. 2.  The Applicant believes the City improperly excluded from consideration a Qualified Public Improvement that would qualify for credit under Section 17.15.060, or the City accepted for credit a Qualified Public Improvement, but undervalued that improvement and therefore undervalued the credit.
    3. 3.  The Applicant believes the City improperly rejected a request for an exemption or discount under Section 17.15.050 for which the Applicant believes it is eligible.
  2. B.  Alternative SDC Rate Request:
    1. 1.  If an Applicant believes the number of Trips resulting from the New Development is less than the number of Trips established in The City Rate Study and, if applicable, the North Macadam Overlay Rate Study or the Innovation Quadrant Overlay Project Report, the Applicant must request an alternative SDC rate calculation, under this section, within 180 days after building permit issuance for the New Development.  The City shall not entertain such a request filed more than 180 days after building permit issuance for the New Development.  Upon the timely request for an alternative SDC rate calculation, the Administrator shall review the Applicant’s calculations and supporting evidence and make a determination within 21 calendar days of submittal as to whether the Applicant’s request satisfies the requirements of this Section.
    2. 2.  In support of the Alternative SDC rate request, the Applicant must provide complete and detailed documentation, including verifiable Trips generation data, analyzed and certified by a Professional Engineer.  The Applicant’s supporting documentation must rely upon generally accepted sampling methods, sources of information, cost analysis, growth projections and techniques of analysis.  The proposed Alternative SDC Rate calculation shall include an explanation by a registered engineer explaining with particularity why the rate established in the City Rate Study and, if applicable, the North Macadam Overlay Rate Study or the Innovation Quadrant Overlay Project Report does not accurately reflect the New Development’s impact on the City’s transportation system
    3. 3.  The Administrator shall apply the Alternative SDC Rate if, in the Administrator’s opinion, all of the following are true:
      1. a.  The evidence and assumptions underlying the Alternative SDC Rate are reasonable, correct and credible and were gathered and analyzed by a suitable, competent professional in compliance with generally accepted engineering principles and methodologies and consistent with this Section; and
      2. b.  The proposed Alternative SDC rate was calculated according to a generally accepted methodology; and
      3. c.  The proposed alternative SDC rate more realistically reflects the Person Trips generated by the New Development compared to the rate set forth in the City Rate Study and, if applicable, the North Macadam Overlay Rate Study or the Innovation Quadrant Overlay Project Report.
    4. 4.  If, in the Administrator’s opinion, not all of the above criteria are met, the Administrator shall provide to the Applicant by certified mail, return receipt requested, a written decision explaining the basis for rejecting the proposed alternative SDC rate.
  3. C.  Alternative SDC Credit Request:
    1. 1.  If an Applicant has requested an SDC Credit pursuant to Section 17.15.060 and that request has either been denied by the City or approved but at a lower value than desired, the Applicant may request an Alternative SDC Credit calculation under this section.  Any request for an Alternative SDC Credit calculation must be filed with the Administrator in writing within 10 calendar days of the written decision on the initial credit request.
    2. Upon the timely request for an Alternative SDC Credit calculation, the Administrator shall review the Applicant’s calculations and supporting evidence and make a determination within 21 calendar days of submittal as to whether the Applicant’s request satisfies the requirements of this Section.
    3. 2.  In support of the Alternative SDC credit request, the Applicant must provide complete and detailed documentation, including appraisals, cost analysis or other estimates of value, analyzed and certified by an appropriate professional, for the improvements for which the Applicant is seeking credit.  The Applicant’s supporting documentation must rely upon generally accepted sources of information, cost analysis and techniques of analysis as a means of supporting the proposed Alternative SDC credit.
    4. 3.  The Administrator shall grant the Alternative SDC Credit if, in the Administrator’s opinion, all of the following are true:
      1. a.  The improvement(s) for which the SDC Credit is sought are Qualified Public Improvement(s); and
      2. b.  The evidence and assumptions underlying the Applicant’s Alternative SDC Credit request are reasonable, correct and credible and were gathered and analyzed by an appropriate, competent professional in compliance with generally accepted principles and methodologies; and
      3. c.  The proposed alternative SDC Credit is based on a realistic, credible valuation or benefit analysis.
    5. 4.  If, in the Administrator’s opinion, not all of the above criteria are met, the Administrator shall deny the request and provide to the Applicant by certified mail, return receipt requested, a written decision explaining the basis for rejecting the Alternative SDC Credit proposal.
  4. D.  Alternative SDC Exemption or Discount Request:
    1. 1.  If an Applicant has requested an exemption or discount under Section 17.15.050 and that request has been denied, the Applicant may request an Alternative SDC exemption or discount under this section.  Any request for an Alternative SDC exemption or discount calculation must be filed with the Administrator in writing within 10 calendar days of the written decision on the initial credit request. Upon the timely request for an Alternative SDC exemption or discount, the Administrator shall review the Applicant’s request and supporting evidence and make a determination within 21 calendar days of submittal as to whether the Applicant’s request satisfies the requirements of Section 17.15.050 for exemptions and discounts.
    2. 2.  In support of the Alternative SDC exemption or discount request, the Applicant must provide complete and detailed documentation demonstrating that the Applicant is entitled to one of the exemptions or discounts described in Section 17.15.050. 
    3. 3.  The Administrator shall grant the exemption or discount if, in the Administrator’s opinion, the Applicant has demonstrated with credible, relevant evidence that it meets the pertinent criteria in Section 17.15.050.
    4. 4.  Within 21 calendar days of the Applicant’s submission of the request, the Administrator shall provide a written decision explaining the basis for rejecting or accepting the request.

17.15.080 Payment.

(Amended by Ordinances 173437, 181322, 182389, 183447, 188619 and 189413, effective March 6, 2019.)

  1. A.  The Transportation SDC required by this Chapter to be paid is due upon issuance of the Building Permit.  However, in lieu of payment of the full SDC, the applicant may elect to pay the SDC in installments as provided in ORS chapter 223 and Chapter 17.14 of this Code.  If the Applicant elects to pay the SDC in installments, a lien will be placed against the property that is subject to the SDC, and that lien will be given first priority as provided by statute.  The Applicant’s election to pay the SDC by installments shall be memorialized in an SDC Deferral or Installment Agreement entered into by the Applicant and the City on a form provided by the City, and which may provide for the deferral of payments as set forth in Chapter 17.14 of this Code.  In any event, the Applicant shall either pay the SDC in full or enter into an SDC Deferral or Installment Agreement as provided in this section, before the City will issue any building permits.
  2. B.  Upon written request of the Bureau of Transportation, the Revenue Division is authorized to cancel assessments of SDCs without further Council action, where the New Development approved by the Building Permit is not constructed and the Building Permit is cancelled.
  3. C.  For property that has been subject to a cancellation of assessment of SDCs, a new installment payment contract shall be subject to the Code provisions applicable to SDCs and installment payment contracts on file on the date the new contract is received by the City.
  4. D.  The City of Portland shall not be responsible for, nor have any responsibility to honor or enforce agreements made by private parties regarding the payment or collection of SDC assessments.

17.15.090 Refunds.

(Amended by Ordinances 181322 and 188619, effective January 1, 2018.) 

  1. Refunds may be given by the Administrator upon finding that there was a clerical error in the calculation of the SDC.  Refunds shall not be allowed for failure to timely claim credit or for failure to timely seek an Alternative SDC Rate calculation.  The City shall refund any SDC revenues not expended within ten (10) years of receipt.

17.15.100. Dedicated Account and Appropriate Use of Account.

(Amended by Ordinances 181322, 182652, 184756 and 188619, effective January 1, 2018.)

  1. A.  There is created a dedicated account entitled the “SDC Account.”  All monies derived from the SDC shall be placed in the SDC Account.  Funds in the SDC Account shall be used solely to provide the TSDC Project List capacity increasing improvements according to the TSDC Project List as it currently exists or as hereinafter amended, and eligible administrative costs.  All monies derived from the North Macadam Overlay Rate Study shall be placed in a sub-account.  The monies in the Overlay sub-account shall only be spent on projects serving the North Macadam urban renewal area.  All monies derived from the Innovation Quadrant Overlay Project Report shall be placed in a sub-account.  The monies in the Overlay sub-account shall only be spent on projects serving the Innovation Quadrant.  In this regard, SDC revenues may be used for purposes which include:
    1. 1.  project development, design and construction plan preparation;
    2. 2.  permitting;
    3. 3.  right-of-way acquisition, including any costs of acquisition or condemnation;
    4. 4.  construction of new through lanes for vehicular, transit, or bicycle use;
    5. 5.  construction of turn lanes;
    6. 6.  construction of bridges;
    7. 7.  construction of drainage and stormwater management and treatment facilities in conjunction with new roadway construction;
    8. 8.  purchase and installation of traffic signs and signals;
    9. 9.  construction of curbs, medians and shoulders;
    10. 10.  relocating utilities to accommodate new roadway construction;
    11. 11.  construction management and inspection;
    12. 12.  surveying and soils and material testing;
    13. 13.  construction of Accessways, bicycle facilities, Pedestrian Connections and Walkways;
    14. 14.  landscaping;
    15. 15.  bus pullouts, transit shelters, fixed rail transit systems and appurtenances;
    16. 16.  costs associated with acquisition of rolling stock;
    17. 17.  demolition that is part of the construction of any of the improvements on this list;
    18. 18.  payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the City to provide money to construct or acquire transportation facilities; and
    19. 19.  direct costs of complying with the provisions of ORS 223.297 to 223.314, including the costs of developing system development charges methodologies and providing an annual accounting of system development charges expenditures.
  2. B.  Money on deposit in the SDC Accounts shall not be used for:
    1. 1.  any expenditure that would be classified as a maintenance or repair expense; or
    2. 2.  costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements; or
    3. 3.  costs associated with maintenance of rolling stock.

17.15.110 Challenges and Appeals.

(Amended by Ordinances 173121, 181322 and 188619, effective January 1, 2018.)

  1. A.  Any resident of Portland or any person with interest may challenge the expenditure of SDC revenues by filing a challenge to the expenditure with the Administrator within two years after the date of the disputed SDC revenue expenditure.  The fee for filing such a challenge shall be $250.
  2. B.  Except where a different time for an Administrator’s determination is provided in this Chapter, all determinations of the Administrator shall be in writing and shall be delivered to the Applicant within 21 calendar days of an Application or other Applicant request for an Administrator determination.  Delivery of such determination shall be deemed complete upon the earlier of actual delivery to the Applicant or upon deposit by the Administrator in the mail, first class postage prepaid, addressed to the address for notice Applicant has designated in the Application.  Such determination shall be accompanied by a notice of the Applicant's right to appeal and an outline of the procedures therefore.
  3. C.  Any Applicant not content with an Administrator's determination may appeal that determination to the Code Hearings Officer as provided in Chapter 22.10 of this Code.  Notwithstanding any other provisions of this Code, there shall be a non-refundable fee of $250 for any appeal pursuant to this subsection.  Such fee must accompany any such appeal and no such appeal shall be considered filed or received until such fee is paid in full.
  4. D.  The City shall withhold all permits and other approvals applicable to the Applicant’s property of the New Development pending resolution of all appeals under this Chapter unless the SDC is paid in full or the Applicant provides, for the pendency of the appeal, a financial guarantee or security for the charge in a form acceptable to the City Attorney.

17.15.120 City Review of SDC.

(Amended by Ordinances 181322, 182652, 184756 and 188619, effective January 1, 2018.)

  1. A.  No later than every two (2) years as measured from initial enactment, the City shall undertake a review to determine the total SDCs assessed and collected by transportation district and the total SDCs expended and programmed by transportation district and project; to determine that sufficient money will be available to help fund the TSDC Project List identified capacity increasing facilities; to determine whether the adopted SDC Rate keeps pace with inflation; to determine whether the TSDC Project List should be modified; and to ensure that such facilities will not be overfunded by the SDC receipts.
  2. B.  In the event that during the review referred to above, it is determined an adjustment to the SDC is necessary for sufficient funding of the TSDC Project List improvements listed in the City Rate Study, North Macadam Overlay Rate Study, or the Innovation Quadrant Overlay Project Report or to ensure that such TSDC Project List improvements are not overfunded by the SDC, the City Council may propose and adopt appropriately adjusted SDCs.
  3. C.  The City Council may from time to time amend or adopt a new City Rate Study by resolution.

17.15.130 Time Limit on Expenditure of SDCs.

(Amended by Ordinance 188619, effective January 1, 2018.)

  1. The City shall expend SDC revenues within ten (10) years of receipt, based on the priorities in the TSDC Project list.

17.15.140 Implementing Regulations; Amendments.

(Amended by Ordinances 171698, 181322 and 188619, effective January 1, 2018.)

  1. The City Council delegates authority to the Director of Transportation to adopt administrative rules and procedures necessary to implement provisions of this Chapter including the appointment of an SDC program Administrator.  All rules pursuant to this delegated authority shall be filed with the Office of the City Auditor and be available for public inspection.

17.15.150 Amendment of TSDC Project List.

(Amended by Ordinances 182652 and 188619, effective January 1, 2018.) 

  1. The City may, by resolution, amend its TSDC Project List as set forth in the City Rate Study, North Macadam Overlay Rate Study, or the Innovation Quadrant Overlay Project Report from time to time to add projects the City deems appropriate.

17.15.160 Severability.

(Amended by Ordinances 181322 and 188619, effective January 1, 2018.)

  1. The provisions of this Chapter are severable, and it is the intention to confer the whole or any part of the powers herein provided for.  If any word, definition, clause, section or provision of this Chapter is declared unconstitutional or invalid for any reason or cause, the remaining portion of this Chapter shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein.  In the event a definition is held to be invalid or is severed, the defined word or term shall be deemed to have the meaning given to that word or term under Oregon law if Oregon law contains such a definition.  If there is no established definition of the word or term under Oregon law, the word or term shall have its ordinary dictionary meaning.  It is hereby declared to be the Council’s express legislative intent that this Chapter would have been adopted had such an unconstitutional or otherwise invalid provision not been included herein.

Chapter 17.16 General Provisions

17.16.010 Specifications and Authority to Revise.

(Amended by Ordinance Nos. 149769, 173295 and 184957, effective November 25, 2011.)

A.  All work done and materials used for either a local or public improvement whether it be as a district or by permit shall conform to the provisions of this Title and to the current version of the standard construction specifications.

B.  Revisions.  The City Engineer, in consultation with the Chief Engineers of the Bureau of Environmental Services and the Portland Water Bureau, is authorized to revise the standard construction specifications of the City of Portland as needed, excluding Part 01100 Water Supply Systems contained therein, which shall be revised by the Chief Engineer of the Portland Water Bureau.

17.16.020 Interpretation of Specifications.

(Amended by Ordinance Nos. 149769, 173295 and 184957, effective November 25, 2011.)  The decision of the City Engineer as to all performances, materials and technical requirements of standard specifications and plans for a local improvement or public improvement shall be final and conclusive excepting work performed in accordance with Part 01100 of the standard construction specifications for which the Chief Engineer, Portland Water Bureau shall have final and conclusive decision.  The interpretation of all other provisions of standard construction specifications shall be determined by the City Attorney.

17.16.030 Progress Payments.

(Amended by Ordinance Nos. 138075, 140744, 173295 and 189413, effective March 6, 2019.)

A.  Subject to applicable provisions of the City Charter and in accordance with the specifications adopted for particular work by the Council, progress payments may be made by the City periodically as required by the contract for the improvement work, on the basis of a certificate concerning the same, filed with the Revenue Division by the Responsible Engineer.

B.  The progress payment certificate shall show the amount of work and material applied to the local improvement or public improvement and not included in any prior certificate, the reasonable value of the work and material, the contract price thereof, the amount to be retained pursuant to the contract, and the amount to be paid as a progress payment.  Contract provision for the progress payments shall be deemed sufficient without further approval by the Council, except that if the contractor is found to be delinquent, if the payment is the last payment to be made before payment of retainage pursuant to the contract, or if any progress payment covers work which is in addition to or an extra over the basic contract, then a progress payment shall not be made pursuant to the Responsible Engineer’s certificate until such certificate has been presented to the Council and approved by the Council, or the Council has separately authorized the extra work.

C.  On any contract for a local improvement which does not contain a specific provision for progress payments, a single progress payment shall be made at the time the final estimate of the Responsible Engineer is filed with the Revenue Division if such payment is requested by the contractor.  The progress payment shall not exceed 95 percent of Council authorized contract costs included in the final estimate.  This paragraph shall be applicable to contracts which are completed after the passage of this Ordinance.

17.16.040 Interest on Progress Payment and Final Warrants.

Payment for work done as a local improvement shall be made by warrant drawn on the Local Improvement Assessment Fund for the particular improvement created or to be created when assessments therefor are paid. Any warrant for a progress payment or final warrant drawn against a Local Improvement Assessment Fund, either to be created or already in existence, shall bear interest at the rate of 6 percent per year beginning on the 10th day after the date of the warrant. Total interest on such warrants shall not exceed the total amounts collected as interest from the properties assessed. When sufficient money is collected and is in the Local Improvement Assessment Fund to pay accrued interest on the oldest outstanding warrant and some portion or all of the principal on such warrant, the interest on the warrant shall cease as of the day when the principal amount or portion thereof is collected, to the extent of the amount collected.

17.16.050 Progress Payment Not Deemed Final Acceptance.

(Amended by Ordinance No. 173295, effective April 28, 1999.) No progress payment shall be deemed a final acceptance or any acceptance of the work or material represented by such progress payment, nor shall the progress payment affect the liability of the contractor or the contractor's surety relating to the public work or local improvement.

17.16.060 Division of Warrants.

When money has been collected and is in a Local Improvement Assessment Fund sufficient to pay all or a portion of the principal as well as the accrued interest on the oldest outstanding warrant, upon presentation of the warrant the Treasurer shall pay the accrued interest and principal amount collected upon the outstanding warrant and issue a new warrant for the unpaid principal balance. The new warrant shall bear interest from the 10th day after the date of the original warrant.

17.16.065 Purchase of Warrants by the City.

(Added by Ordinance No. 138072, amended by Ordinance No. 173295, effective April 28, 1999.) The City of Portland shall purchase local improvement warrants issued for progress payments and final payment to a contractor on a local improvement project under the conditions listed below upon written request from the contractor to the City Finance Officer:

A. Either the official estimate of the Responsible Engineer or the bid of the contractor is less than $50,000,

B. Before the plans and specifications for the project were issued it has been determined by the Finance Officer that funds would be available in the Assessment Collection Fund for this purpose,

C. The plans and specifications for the project will include a provision that such warrants will be purchased by the City from the contractor at the contractor's request,

D. The purchase will be made by the City no earlier than 10 days and no later than 30 days after the issue date,

E. The purchase of final warrants will be at face value without accrued interest. The purchase of progress payment warrants will be at face value discounted by an amount equal to 10 days of interest and without accrued interest.

17.16.070 Claims Against Contractors.

(Amended by Ordinance Nos. 173295 and 189413, effective March 6, 2019.)  Notwithstanding contractual provisions for payment of progress payment warrants, final payment warrants or payment of retainage, any person given a right by statute to institute an action on the contractor’s bond may file a claim with the Revenue Division for the labor, material, or payment to State funds for which the contractor is liable in connection with the performance of the contract.  In the event such claim is filed and the contractor has money due and owing from the City, the money due and owing shall not be paid to the contractor until 20 days after the filing of the claim.  If, prior to the expiration of such 20 day period, the money due and owing to the contractor has been ordered withheld or paid into court by a court of competent jurisdiction, if the claimant withdraws the claim, or if the contractor orders all or a portion of the amount due and owing to be paid to the claimant, then the Revenue Division shall divide the payment or treat the same as required by such order or withdrawal.  However, if the only money due and owing to the contractor is the final retainage, then the City shall have first call upon the retained amount for correction of defects in the contract.

17.16.080 Statutory Provisions Relating to Labor and Wages.

All contractors employed by the City shall comply with all statutory requirements concerning hours of labor and prevailing wage rates. All certifications required by statute to be filed with the City shall be so filed.

17.16.090 Bonding City Property.

The Mayor or a Commissioner to whom particular City property has been assigned, which property is assessed for a local improvement, shall have authority to make application for bonding and to sign the application. For such application said Mayor or Commissioner shall be deemed the owner on behalf of the City.

17.16.100 Facilities in Street Area Affected by Improvement.

(Amended by Ordinance No. 173295, effective April 28, 1999.)

A. If a fire hydrant has been installed at established street grade and in a location approved by the City Engineer, and a local improvement or public improvement requires moving such hydrant, the Bureau of Water Works shall upon request of the City Engineer make the necessary change. The cost thereof shall be included in the cost of the improvement unless the Council directs payment from public funds.

B. In all other cases, any facility over, upon or under the street area, required to be moved either for construction or as the result of a local or public improvement shall be changed, moved, removed or relocated, as the City Engineer may direct, at the expense of the owner of the facility. The change includes any trenches and filling thereof or other work necessary for the change. However, this does not relieve the contractor from liability or responsibility under contract specifications. Liability of the owner of the facility for such change shall be conditioned upon notice in writing given by the contractor at least 10 days preceding the improvement work in the area. In case any such owner fails or refuses to make the change or relocation, then upon direction by the City Engineer the contractor on the improvement may perform such change or relocation, and upon approval of the contractor’s bill therefor by the City Engineer, if the owner of the facility is the owner of land to be assessed for the local improvement, then the City shall add the amount of the bill for the work to the local improvement assessment to be assessed upon the property. If the contractor has performed such work of change or relocation of facility, and the owner thereof is not chargeable by assessment of benefit from the improvement, then the contractor shall look solely to the owner of such facility for reimbursement of the cost of change or relocation. In case of a public improvement constructed at the expense of City funds, City funds shall be chargeable for the cost of moving any City owned facilities.

C. The contractor for a public improvement or local improvement shall not interfere with or impede any person engaged in changing or relocating the facility within a street area, as required in this Section.

D. The right is reserved to the City and to owners of public utilities in the street area to enter upon such street area for repairs, changes or installation of additional facilities in the street area of the improvement work.

17.16.110 Facilities in Street Area Damaged by Contractor.

(Amended by Ordinance Nos. 131165, 173295 and 183397, effective January 8, 2010.)

A.  If in the course of a local or public improvement the contractor or his or her subcontractor damages or displaces a public improvement, such as a curb, sidewalk, water line or meter, manhole, drainage improvement or other installation, then the contractor shall repair or replace the public improvement at the contractor's own expense in a proper manner as approved by the City Engineer; except in the case of:

1.  Damage to a sewer or drainage improvement shall be repaired in a proper manner as approved by the Chief Engineer of the Bureau of Environmental Services.  Contractors may be granted the option of funding the City to make the repairs in their stead; and

2.  Damage to a water line or meter shall be repaired by the Bureau of Water Works and billed to the contractor or others, in the manner specified in Title 5, Revenue and Finance, of this Code.

B.  If, in the course of the work of a local improvement or public improvement, a contractor damages any underground facility owned by an adjacent property owner which is not located within 2 feet of the street grade established for that location, the contractor shall be liable for the cost of repair or replacement of the facility unless the plans, specifications and contract otherwise specifically prescribe.  The repair or replacement shall be done by the owner of such facility at the expense of the contractor unless the owner directs the contractor to perform such work.

C.  If, in the course of the work of a local improvement or public improvement, a contractor damages any underground facility owned by an adjacent property owner which is located within 2 feet of the established street grade in the area, then such facility shall be repaired, replaced or relocated as directed by the Responsible Bureau, subject to approval by the City Engineer, at the expense of the owner thereof, notwithstanding any failure to notify the owner of the need for relocation or change as prescribed in Section 17.16.100, unless the plans, specifications and contract otherwise prescribe.

17.16.120 Engineer’s Standards.

(Amended by Ordinance No. 173295, effective April 28, 1999.) The City Engineer may establish standards for particular types or classes of work to be performed by contractors or by persons permitted to construct facilities in streets, easements or other public property. Any person constructing the facility shall comply with such standards unless otherwise specifically authorized by the City Engineer to deviate from those standards.

17.16.130 Approvals by City Attorney.

All contracts, bonds, insurance policies and all forms to be used by the public pursuant to this Title shall first be approved as to form by the City Attorney before filing or use.

17.16.140 Acceptance and Release of Property Interests

(Added by Ordinance No. 185398, effective July 6, 2012.)

A.  Acceptance by the Bureau of Transportation:  The Director of the Bureau of Transportation may approve, accept, and amend a right-of-way dedication, easement, or other real property interest for public improvements to the transportation system of the City when the consideration provided therefor does not exceed $50,000.

B.  Acceptance by the Bureau of Environmental Services:  The Director of the Bureau of Environmental Services may approve, accept, and amend a sewer easement or other real property interest for public improvements to the public sewer of the City when the consideration provided therefor does not exceed $50,000.

C.  Release by the Bureau of Transportation:  The Director of the Bureau of Transportation may release easements and associated infrastructure no longer needed for the transportation system of the City.  This authorization does not extend to the vacation of public rights-of-way, which must comply with City Charter Section 1-104 and Oregon Revised Statues Chapter 271.

D.  Release by the Bureau of Environmental Services:  The Director of the Bureau of Environmental Services may release easements and associated infrastructure no longer needed for the public sewer of the City.

E.  Rental or Leasing of Real Property or Public Right-of-Way by the Bureau of Transportation:  The Director of the Bureau of Transportation may rent or lease real property or public right-of-way assigned to the Bureau of Transportation which will not be needed for public use during the term of the rental or lease for any term permitted by statute.

F.  Designation of City Property as Right-of-Way by the Bureau of Transportation:  The Director of the Bureau of Transportation, upon approval by other affected Bureaus, may designate City-owned property as public right-of-way for public improvements to the transportation system of the City.

Chapter 17.18 General Obligation Improvement Warrants

(Chapter added by Ordinance No. 139575, effective March 13, 1975.)

17.18.010 General Obligation Improvement Warrants Authorized.

(Amended by Ordinance Nos. 140586, 141599, 146747 and 157298, effective May 2, 1985.) Notwithstanding other provisions of this Code, the Council hereby authorizes the financing of local improvements by the issuance of general obligation improvement warrants in accordance with the procedures provided by State law except as otherwise provided herein. General obligation improvement warrants may be issued when authorized by ordinance in an amount equal to the indebtedness to be incurred by the City in constructing the local improvement including all costs of land acquisition, advertising, engineering and superintendence fees, and any special preliminary services or studies that may be assessed on benefited property, and an amount equal to the amount to be paid by the City to the contractor for the construction of a local improvement, not exceeding the bid price of each contract plus 15 percent for approved change orders. If the local improvement has not yet been bid and a successful bidder accepted, the engineer’s estimate for construction cost may be used.

17.18.020 Procedure for Issuance and Delivery.

(Amended by Ordinance Nos. 140586, 141599, 146747 and 173295, April 28, 1999.)

A. From time to time, the Council may, upon recommendation of the City Treasurer and Responsible Official, call for bids on the interest rate for general obligation improvement warrants on the estimated amount of proposed assessments for local improvement districts authorized or to be authorized. Bids shall meet the conditions and requirements provided for in the authorizing ordinance.

B. Upon return of bids the Council may award to the highest and best qualified bidder offering the most advantageous interest rate, the full amount of general obligation improvement warrants to be issued for local improvements specified in the ordinance requesting bids. Provided further, the Council may reject any and all bids.

C. The ordinance authorizing the call for bids shall also authorize the issuance of the general obligation improvement warrants to the successful bidder as determined by the Council, subject to the provisions of this Chapter. Thereafter, the City Treasurer is authorized to deliver to the successful bidder from time to time as the Treasurer deems necessary general obligation improvement warrants in an amount equal to the indebtedness to be incurred by the City in constructing the local improvement including all costs of land acquisition, advertising, engineering and superintendence fees, and any special preliminary services or studies that may be assessed on benefited property, and an amount equal to the amount to be paid by the City to the contractor for the construction of a local improvement, not exceeding the bid price of each contract plus 15 percent for approved change orders. If the local improvement has not yet been bid and a successful bidder accepted, the engineer’s estimate for construction cost may be used.

D. General obligation improvement warrants shall be issued in denominations as stated in the ordinance authorizing call for bids; shall be numbered consecutively; shall be dated the first day of the month in which they are delivered to the successful bidder and shall mature within the time provided by State law. The successful bidder shall pay accrued interest from the date of the warrants to the time of delivery.

E. The City Treasurer shall deposit all proceeds from the issuance of said General Obligation Improvement Warrants in the Improvement Warrant Sinking Fund established in Section 5.04.210 of this Code.

17.18.030 Application of Proceeds.

(Amended by Ordinance No. 146747, effective Dec. 4, 1978.) The proceeds from each series of general obligation improvement warrants issued for a local improvement district construction contract shall be retained in the Improvement Warrant Sinking Fund until payment shall be authorized.

17.18.040 Repayment.

Upon completion of any local improvement contract and the spreading of assessments upon the property benefited thereby, all proceeds from the collection of unbonded assessments, the sale of improvement bonds, and the foreclosure of improvement liens for unbonded assessments realized from the local improvement with respect to which such general obligation improvement warrants are issued, shall be transferred from the Local Improvement District Assessment Fund created for the particular improvement and placed in the Improvement Warrant Sinking Fund in an account to be applied to the call and payment of such warrants as rapidly as funds are available as provided by statute.

17.18.050 Payment or Bonding Mandatory.

In the event the owner of any property benefited by the construction of a local improvement which has been financed by the issuance of general obligation improvement warrants shall fail to either pay any assessment upon such property or apply for bonding of such assessment as provided for in Section 17.12.140 of this Code within 60 days of the time the assessment is due and payable, the Treasurer shall immediately cause such property to be sold as provided in Charter Section 9-804 and deposit the proceeds of the sale in the Local Improvement District Assessment Fund created for that particular improvement to be transferred to the appropriate account within the Improvement Warrant Sinking Fund.

17.18.060 Provision in Budget.

The Council shall provide in its budget for the fiscal year in which general obligation improvement warrants will mature such amount for the payment thereof as shall be estimated or determined to be owing thereon and unpaid at the maturity thereof after application of collections made prior to such maturity as provided in this Chapter. Such monies shall be placed in the Improvement Warrant Sinking Fund to repay outstanding warrants as needed.

Chapter 17.19 Northwest Transportation Fund

(Chapter added by Ordinance No. 177993, effective November 21, 2003.)

17.19.010 Purpose.

The purpose of the Northwest Transportation Fund is to ensure that a source of funding is available to finance the implementation of mitigation measures and the construction of transportation improvements that become necessary when new development causes the use of transportation facilities in the area to intensify.

17.19.020 Applicability.

The Northwest Transportation Fund applies to commercial development in Subdistrict B in the Guild’s Lake Industrial Sanctuary Plan District and the area north of NW Pettygrove Street, on sites zoned EX in the Northwest Plan District. For each contribution to the Northwest Transportation Fund, a bonus of one square foot of additional floor area above the 1:1 base floor area ratio (FAR) that may be in non-residential use is earned, up to the maximum total floor area that is allowed on the site. The amount of floor area that is allowed on the site is regulated by Title 33, Planning and Zoning.

17.19.030 Payment.

(Amended by Ordinance Nos. 182389 and 182760, effective June 5, 2009.)  Applicants must remit the Northwest Transportation Fund fee prior to the issuance of building permits.

A.  The Northwest Transportation Fund fee of $2.90 is based upon a cost per square foot of non-residential development up to the amount of floor area allowed by Title 33, Planning and Zoning. Any appeal of the application of the Northwest Transportation Fund fee is to the Director of Transportation. The Director of Transportation may establish an appeal fee that will cover the full cost of processing the appeal.

B.  The Northwest Transportation Fund fee will be increased or decreased on July 1 of each year. The change will occur automatically, and the new dollar amount will be filed with the City Auditor. The change will be based on the 10-year moving average percentage fluctuation of the Oregon Composite Construction Cost Index. Any increase or decrease that is not a multiple of $.05 will be rounded to the nearest multiple of $.05.

C.  The Bureau of Transportation is authorized to refund the Northwest Transportation Fund fee, without further Council action, where the non-residential development approved by building permit is not constructed and the building permit is cancelled. There is a charge of $500 for processing a refund request.

17.19.040 Implementing Regulations.

(Amended by Ordinance No. 182389, effective January 2, 2009.)The City Council delegates authority to the Director of the Bureau of Transportation to adopt administrative rules and procedures necessary to implement provisions of this Chapter. All rules relating to this delegated authority shall be filed with the City Auditor and be available for public inspection.

17.19.050 Dedicated Account and Appropriate Use of Account.

All monies derived from the Northwest Transportation Fund shall be placed in the Northwest Transportation Fund Account. Funds in the Northwest Transportation Fund shall be used to provide transportation improvements in the area bounded by NW Pettygrove Street, NW Nicolai Street, the I-405 freeway, and NW 27th Avenue or in the immediate vicinity, as need arises. Funds may be used to address existing transportation deficiencies and the transportation impacts of growth. Funds in the Northwest Transportation Fund may be used for purposes that include:

A. Transportation analysis

B. Design and construction plan preparation

C. Permitting

D. Right-of-way acquisition, including costs of acquisition or condemnation

E. Relocation of public utilities

F. Construction of new lanes for vehicular or transit use

G. Construction of turn lanes

H. Construction of bridges

I. Design, purchase and installation of traffic signs and signals

J. Design and construction of pedestrian or bicycle facilities

K. Design and construction of drainage facilities

L. Design and construction of curbs, curb extensions, and medians

M. Construction management and inspection

N. Surveying and soils and materials testing, including environmental testing

O. Landscaping

P. Transit facilities

Q. Demolition that is part of the construction of any of the improvements

R. Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the City to provide money to construct or acquire the transportation facilities.

S. Administrative costs of establishing, maintaining, and administering the fund.

Chapter 17.20 (Repealed)

(Chapter repealed by Ordinance Nos. 174509 and 174904, effective January 1, 2001.)

Chapter 17.23 Special Traffic Control District

(Chapter replaced by Ordinance No. 184957, effective November 25, 2011.)

17.23.010 Application.

This Chapter shall apply to any use of the street area within the Special Traffic Control District described in Section 17.23.030.

17.23.020 Definitions.

(Amended by Ordinance No. 185397, effective July 6, 2012.)  As used in this Chapter, the following terms shall have the following definitions:

A.  “Curb” shall mean the stone or concrete edging along a street or sidewalk.

B.  “Maintenance” shall mean the function of protecting existing facilities within the street area so as to keep those facilities in safe and convenient operating condition.  Under this definition, the work would be of a routine nature and would not involve cutting the pavement.

C.  “Emergency” shall mean any unscheduled repair of existing facilities within the street area which must be accomplished immediately to protect the life, health, and well being of the public, or to protect public or private property.  Under this definition, “emergency” work shall encompass only immediately required repairs and shall not include extensive replacement or upgrading of the facility.

17.23.030 Designated Boundary.

The following described Special Traffic Control District will mean and include the following streets in the City:

The Special Traffic Control District shall be bounded by Naito Parkway to the east and the I-405 Loop to the west, south, and north.  In addition to said boundary, the Special Traffic Control District shall include the following boundaries:  beginning with the intersection of the west line of SW 18th and the south line of SW Salmon, running thence easterly along said south line of SW Salmon Street to the west line of SW 14th Avenue, running thence southerly to its intersection with the north line of SW Jefferson, thence easterly to the east line of SW 14th Avenue, thence northerly along the east line of SW 14th Avenue to its intersection with the north line of West Burnside; thence westerly along the north line of West Burnside to its intersection with the west line of SW 18th Avenue; thence southerly along the west line of SW 18th to the place of  beginning.  And, beginning with Naito Parkway to the west, the Willamette River to the east, SW Clay Street to the north, and SW River Parkway to the south.

17.23.040 Special Jurisdiction.

Within the Special Traffic Control District, the Director of the Bureau of Transportation shall have the authority to require temporary street closure permits.  Such permits may allow for construction, repair, or maintenance of facilities within the street area and use of the street area to facilitate work on private property.  The Director of the Bureau of Transportation shall have the authority to secure information from and coordinate the activities of all parties requesting use of the street area.  The authority of the Director of the Bureau of Transportation shall not repeal the authority of the Building Bureau as outlined in Chapters 44 and 45 of the Uniform Building Code or as outlined in Section 17.44.020 of the Code of the City of Portland, Oregon.

17.23.050 Permits Required.

(Amended by Ordinance Nos. 187632 and 188692, effective January 1, 2018.)

A.  Any party desiring to perform work in the street or make use of the street area to perform work on private property shall first obtain a temporary street closure permit as prescribed in Chapter 17.24 of the Code of the City of Portland, Oregon, and pay the permit fees set forth in Chapter 17.24.

B.  Any party performing emergency work shall notify the Director of the Bureau of Transportation at the time work is commenced and when finished.  Emergency work may be performed without first obtaining the temporary street closure permit outlined in Subsection A. above or without complying with the requirements of Subsection A. above.

C.  Any party desiring to perform work that utilizes the street area in the Special Traffic Control District shall obtain approval from the Director of the Bureau of Transportation to schedule their work.  Any party desiring to perform work shall distribute notice of work to adjacent businesses five days in advance of proposed work dates.  A written schedule of work dates and proof of notification to adjacent businesses shall be submitted to the Director of the Bureau of Transportation prior to final approval being granted.

D.  The Director of the Bureau of Transportation may waive minimum notification requirements as listed above in Subsection C. if work is deemed to have minimal impact to the transportation system.

E.  Not withstanding the other provisions of this Section, the Director of the Bureau of Transportation shall have the authority to implement additional requirements for permits in the Special Traffic Control District when conditions in the downtown require more stringent regulations.

F.  Nothing contained herein shall limit the authority of the Director of the Bureau of Transportation in maintaining public peace and safety and upon request from the Director of the Bureau of Transportation the party performing any work in the street area shall reopen the street area to its normal use as determined by the City Traffic Engineer.

17.23.060 Traffic Standards.

Since the intent of this Code Section is to minimize traffic congestion in the Special Traffic Control District, permits issued within the Special Traffic Control District in accordance with Sections 17.23.050 and 17.24.010 must conform to traffic standards established by the City Traffic Engineer.  Within the special control district, the Director of the Bureau of Transportation is hereby authorized and directed to enforce the traffic standards or such other traffic control plans as may be required as a condition of the permit.  The Director of the Bureau of Transportation or City Traffic Engineer may require any party requesting to use the street area to submit a traffic control plan for review as a condition of granting a permit.

17.23.070 Revocation.

The Director of the Bureau of Transportation in carrying out the provisions set forth herein may enforce conditions set forth in permits issued under Section 17.23.050.  The Director of the Bureau of Transportation may revoke any permit issued under Section 17.23.050 at any time in the event the public’s need requires it, the permittee fails to comply with the conditions of the permit, or for any reason which would have been grounds for denial of the initial permit application.

Chapter 17.24 Permits

(Chapter replaced by Ordinance No. 184957, effective November 25, 2011.)

17.24.000 Purpose and Intent.

The purpose and intent of this Chapter is to:

A.  Permit and manage reasonable access to the public right-of-way of the City;

B.  Conserve the limited physical capacity of those public right-of-way held in trust by the City;

C.  Assure that all persons owning or operating facilities within the public right-of-way comply with applicable ordinances, rules and regulations of the City;

D.  Assure that the City can continue to fairly and responsibly protect the public health, safety and welfare of its citizens.

17.24.005 Jurisdiction and Management of Public Right-of-Way.

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.

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.

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.

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.

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 Director of the Bureau of Transportation, the public need requires it.  If the person ordered to remove, move, or adjust the facility does not do so as directed by the Director of the Bureau of Transportation 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 shall be the responsibility of the person responsible for the facility.

F.  The Bureau of Transportation shall be the agency responsible for management of the public right-of-way.

17.24.010 Permits Required.

(Amended by Ordinance No. 189629, effective August 30, 2019.)

A.  Any person desiring to make a public improvement, do work in, or use the street area must first obtain a permit from the Director of the Bureau of Transportation 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.

B.  Except as set forth in paragraph E. below, no person shall 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 of Portland 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.

C.  Except for street or transportation facility construction and maintenance work done by or under contract with Bureau of Transportation, 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 therefor and paying the fee prescribed in Section 17.24.020.  The permit shall be obtained from the Director of the Portland Bureau of Transportation unless specifically provided otherwise in this Title.

D.  The failure of any permittee to comply with any and all permit conditions or related Code and Charter provisions while doing work in the street area shall 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.

E.  Licensed plumbing contractors having a valid plumbing permit to install water service lines and a valid authorization from the Portland Water Bureau to connect to a public water meter may obtain permits to install water service lines between the property line and the public water meter.

F.  The Director of the Bureau of Transportation 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 shall obtain permits from the Director of the Bureau of Transportation for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.

G.  The Director of the Bureau of Transportation 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 Bureau of Water Works shall obtain permits from the Director of the Bureau of Transportation for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.

H.  The Director of the Bureau of Transportation 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 shall obtain permits from the Director of the Bureau of Transportation for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.

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 Director of the Bureau of Transportation.  The owner of such facilities shall apply for appropriate permits as soon as possible, not to exceed two (2) business days following discovery of the emergency.

J.  The Director of the Bureau of Transportation 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 shall obtain permits from the Director of the Bureau of Transportation for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.

17.24.012 Financial Guarantee Required.

A.  When issuing permits under this Chapter, the Director of the Bureau of Transportation may require a construction bond, performance bonds or other form of financial guarantee, approved by the Director of the Bureau of Transportation, as a condition of the permit.

B.  The Director of the Bureau of Transportation may require a maintenance bond, or other financial guarantee, approved by the Director of the Bureau of Transportation, as a permit condition. The maintenance bond or other financial guarantee shall remain in force as long as the person or that person’s predecessor has facilities located within the public right-of-way.

C.  The acceptable forms and levels of the required financial guarantees shall be established by the Director of the Bureau of Transportation, as maintained on file in the office of the Bureau of Transportation.

17.24.013 Insurance and Indemnification.

A.  Insurance.  An applicant for a permit under this Chapter shall procure insurance, the adequacy of which shall be determined by the Director of the Bureau of Transportation, that names the City as an additional insured.  The applicant shall supply the City with a certificate providing evidence of that insurance prior to issuance of the permit.

B.  Indemnification.  As a condition of a permit issued under this Chapter, the applicant shall hold harmless, indemnify and defend the City, its officers, employees and agents from and against all claims, suits, 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, its officers, employees, agents and contractors under this permit.   In addition, in situations which occur prior to dedication of the right of way, the permittee acknowledges and assumes all risk of loss which 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.

17.24.014 Permits to Construct and Maintain Structures in the Street Area.

(Amended by Ordinance Nos. 187403 and 188850, effective April 6, 2018.)

A.  Except as otherwise provided in this Code, permits to construct, install and/or maintain privately-owned structures in dedicated street area may be issued by the Director of the Bureau of Transportation 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 shall be revocable at any time as provided in Section 17.24.016.  The burdens and benefits of any such permit shall run with the property abutting the half of the street area in which the structure is proposed to be built and all such permits shall be recorded against the title of the benefitting property except as otherwise specified below.  All cost of such recordings shall be borne by the permittee.  Upon sale or other disposition of the property, the permit shall automatically transfer to any new property owner, unless the permit specifically states that it is nontransferable.

B.  Permits may be issued to parties other than the owner of the abutting property only under the following circumstances:

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.  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.  as otherwise provided for in Section 17.24.010, Chapter 17.25, Chapter 17.26 and Chapter 17.56.

C.  The benefits and burdens of permits issued to parties other than the owner of the abutting property shall run with the party or property specified in the permit, other portions of this code notwithstanding.

17.24.015 Obligation of Property Owner for Structures in the Street Area.

The owner of any real property shall 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 shall not be responsible for the maintenance of structures which have been installed by other than the abutting owner under a permit or other authority granted by the City of Portland.

The abutting property owner shall 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 shall be liable to the City of Portland, its officers, agents and employees, for any judgment or expense incurred or paid by the City its officers, agents or employees, by reason of the existence of any such structure in the street area.

17.24.016 Permit Revocation.

(Amended by Ordinance No. 188692, effective January 1, 2018.) Permits for structures in City streets, for public improvements, work in, or use of the street area may be revoked by the Director of the Bureau of Transportation at any time and for any reason the Director of the Bureau of Transportation 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 shall 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, shall at 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 Director of the Bureau of Transportation specifies a shorter period, and shall return the street area to the condition of the street area immediately surrounding it, to the satisfaction of the Director of the Bureau of Transportation.  If the permittee does not remove the structure or equipment and/or return the street area to a condition satisfactory to the, Director of the Bureau of Transportation, the Director of the Bureau of Transportation may do so, and the permittee shall 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 shall 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 shall not be entitled to any compensation for said items from the City.

17.24.017 Temporary Street Closure.

(Amended by Ordinance Nos. 185212 and 188850, effective April 6, 2018.)  The Director of the Bureau of Transportation may close or by permit allow to be closed temporarily any street or portion thereof for the following reasons:

A.  To facilitate construction, demolition or installation of facilities on public or private property.

B.  To restrict vehicular use of an unimproved street for the protection of the public or to eliminate a neighborhood nuisance.

C.  To provide for block parties.

D.  To provide for community events.

Such closures shall include the requirements of the City Traffic Engineer and provide for appropriate insurance as required by the Director of the Bureau of Transportation, protecting the public and the City.

17.24.020 Fees and Charges.

The Director of the Bureau of Transportation and/or City 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.

If a larger fee is required elsewhere in this Title for any class of permit, the larger fee shall apply, otherwise the fees and charges listed in the Portland Policy Documents shall be paid unless the Transportation Director or Council 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 shall be paid by the property owner or permittee.

17.24.025 Fees for Public Improvement Permits.

(Amended by Ordinance Nos. 187486 and 188850, effective April 6, 2018.)

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

17.24.026 Fees for Review of Land Use Applications.

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

A.  Policy

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.  Fees shall include direct costs and overhead charges.

3.  Fee schedules shall be updated annually and made available in the Portland Policy Documents.

B.  Required Fees

1.  Each request for a pre-application conference shall be accompanied by the applicable fee.

2.  All land use review applications requested must be accompanied by the applicable fee.

C.  Concurrent Applications.  When more than one review is requested on the same project, the fee for each review will be charged.

D.  Appeal Fees.  The process and charges for appeals shall be as set forth in Subsection 33.750.030 C. Appeal Fees.

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 Section 33.750.050.

F.  Refunds.  The Bureau of Transportation will refund fees under the following circumstances:

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.  Errors.  When an error is made in calculating the fee, the overpayment will be refunded.

3.   Full Refunds.

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 Director of the Bureau of Transportation.

b.  If the applicant meets the Bureau of Planning’s requirements under 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 Director of the Bureau of Transportation.

4.  No Refunds.

a.  Appeal fees are not refundable except as set forth in Subsections 33.750.050 B. and 33.750.060 C.2.

b.  Pre-application conference fees are non-refundable except as set forth in Subsection F. 1. and 2.

c.  No refunds shall be given once a review has begun.

17.24.030 Application for a Public Improvement Permit to construct a Street or Transportation Facility.

A.  All persons or agencies wishing to construct street or transportation facilities as a public improvement shall make application to the Director of the Bureau of Transportation for a permit.  The application for permit shall contain such information as the Director of the Bureau of Transportation  may designate, and shall 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 completion date therefor.

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.  the improvement plans have been approved by the City Engineer,

2.  the final plat, is approvable as determined by the Bureau of Development Services,

3.  any necessary site permits have been obtained from the Bureau of Development Services,

4.  any necessary easements outside the land division have been obtained,

5.  the permittee has provided the following:

a.   Acknowledgment that the construction is on private property which is to become easement for public improvements or public right of way and to come under public control upon plat and easement recording with the county.

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.

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.

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 Director of the Bureau of Transportation.

e.  Acknowledgment that the plat and easements must be recorded with the County prior to final acceptance of the public improvements.

f.  Agreement that the permittee will hold the City of Portland harmless against any liability which 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 which 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.

g.  Agreement that the permittee shall, 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 Engineer, as assurance against defective workmanship or materials employed in such improvement.

h.  Acknowledgment that the issuance of this permit in no way waives any requirements by the City or any other public agency which may be associated with the development of the land division.

6.  Any other conditions established by the Director of the Bureau of Transportation and or the City Engineer have been met.

17.24.035 Deposit Required.

Concurrent with making the permit application the party desiring the permit shall deposit a sum equal to one‑half of the estimated cost of engineering and superintendence as determined by the Director of the Bureau of Transportation except that when a consultant does the design and survey the deposit shall be 20 percent of the estimated cost of engineering and superintendence.  This deposit shall 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 1 year from the time design and plans are reviewed and completed, the City shall retain the amount of the deposit as compensation for the preparation of design and plans or efforts of review.  In the event a permit is issued for the proposed improvement within 1 year from the time such design and plans are completed, the amount of the required deposit shall be applied to the cost of the permit fee for such improvements.

17.24.040 Refusal of a Public Improvement Permit.

A.  A permit application for a public improvement shall 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.

B.  The Director of the Bureau of Transportation may refuse a permit if in his/her judgment the proposed use or improvement:

1.  Is not suitable in the circumstances,

2.  Will not be uniform with existing or proposed street improvements in the immediate vicinity, or

3.  Includes movement of earth from one portion of street to another.

C.  The City Engineer delegates to the Chief Engineer of the Bureau of Environmental Services authority to 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.

D.  The Director of the Bureau of Transportation may refuse to issue a permit hereunder unless the application is modified as the Director of the Bureau of Transportation may deem necessary.  The Director of the Bureau of Transportation may require the addition of curbs if a sidewalk improvement is proposed.  The Director of the Bureau of Transportation may require the addition of curbs or sidewalks or both if the proposed improvement is a street improvement.  If the Director of the Bureau of Transportation finds that water main extensions are likely to be needed within 5 years after the completion of a street improvement, the Director of the Bureau of Transportation shall 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 Director of the Bureau of Transportation 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 Director of the Bureau of Transportation 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.

17.24.050 Contents of Permit.

(Amended by Ordinance No. 188850, effective April 6, 2018.)

A.  Any permit issued for the construction of a public improvement or use of the street area may contain such conditions as the Director of the Bureau of Transportation finds appropriate in the public interest. The permit shall specify the kind of work and 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 shall cease if applicable.

B.  The contents of the permit shall include but are not limited to the following items:

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.  A requirement that the permittee shall be responsible for a 24-month quality assurance period following issuance of a certificate of completion.

3.  If the permit is for a local improvement a requirement for assurance of performance shall be required.  If the permit is for a use of the street area the Director of the Bureau of Transportation may require an assurance of performance if he or she determines it is needed to protect the public interest.

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.  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.

17.24.055 Assurance of Performance.

A.  Assurance of Performance shall be for a sum approved by the Director of the Bureau of Transportation 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 Director of the Bureau of Transportation, 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 Title 17 or by Title 5 are in addition to the filing of such assurances of performance.

B.  Assurance of performance for public improvements may be in one of the following forms as approved by the City Attorney:

1.  Surety bond executed by a company authorized to transact business in the State of Oregon.

2.  Irrevocable letter of credit.

3.  Set-aside account

4.  Cash deposit.

5.  City Council passage of a LID Formation Ordinance for a local improvement district.

6.  Other forms as approved by the City Attorney.

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 shall call on the assurance of performance for reimbursement. If the amount of the assurance of performance exceeds the expenses incurred by the City, it shall release the remainder. If the amount of the assurance for performance is less than the expenses incurred by the City, the applicant or permittee shall 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 Director of the Bureau of Transportation. 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 shall contain written provisions for a similar guarantee through the maintenance period.

17.24.060 Permit Conditions.

(Amended by Ordinance Nos. 185397 and 188850, effective April 6, 2018.)  All work done in streets or other public places shall be done in the location approved by the Director of the Bureau of Transportation and in accordance with plans and specifications prepared or approved by the City Engineer.  The permit may include conditions, and the conditions shall be binding upon the permittee (see Section 17.24.050).  All work done shall be subject to the rejection or correction requirements of the City Engineer and subject to the final approval of the City Engineer.  Any person or entity performing work in the street area shall:

A.  Begin the work promptly and diligently pursue the work until the work is completed;

B.   Upon completion of the work, make a written report to the Director of the Bureau of Transportation 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 Director of the Bureau of Transportation may request. The report shall 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 shall be submitted to the City within sixty (60) days after completion of construction. The Director of the Bureau of Transportation may establish the format of such reports.

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 3-1/2 feet from the curb closest to the street centerline measuring toward the center of the street and at least 2 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 laying lengthwise in the street or to any lot shall 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 Director of the Bureau of Transportation may in their sole discretion permit and or require the laying of pipes, mains, sewers, conduits, lines, in a different location or manner;

D.  Keep all stone, macadam, gravel or other pavement material separate from the excavated earth;

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 Director of the Bureau of Transportation, in the following manner:

1.  If the street has not been improved with permanent pavement, the earth excavated from the hole or trench shall be refilled and thoroughly compacted until the grade of the roadway previously existing at such trench or hole is reached.

2.  If the street has been improved with permanent pavement, the excavated area shall be refilled and compacted to the elevation of the bottom of the permanent pavement, which shall be re-laid compactly and made to conform to the grade, base and quality of the surrounding street pavement.

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 Traffic Engineer 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;

G.  Install and maintain erosion control measures as directed by the Director of the Bureau of Transportation;

H.  Comply with any other directions given by the Director of the Bureau of Transportation.

17.24.067 Hazardous Substances.

(Amended by Ordinance No. 185397, effective July 6, 2012.) 

A.  “Utility corridor fill” means fill that:

1.   Meets the requirements of the City’s Standard Construction Specifications;

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.  Meets the current DEQ definition of clean fill in OAR 340-093; and

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.

B.  “Right-of-way access area” means:

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.  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 Director of the Bureau of Transportation.

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 Director of the Bureau of Transportation with the concurrence of the Director of the Bureau of Environmental Services.

D.  In addition to the requirements of this Chapter, permittees shall 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.

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 shall be utility corridor fill.

F.  Permittees shall 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.

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 shall be placed between the utility corridor fill and surrounding fill.

H.  On a site-specific basis, the Director of the Bureau of Transportation with the concurrence of the Director of the Bureau of Environmental Services may allow the placement of fill that does not meet the definition of utility corridor fill in the right-of-way access area.

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 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.

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 Director of Bureau of Transportation and Director of the Bureau of Environmental Services within two business days of encountering the contaminated media.

17.24.070 Engineering and Superintendence for Street and Transportation Facility Public Improvements.

A.  The City Engineer shall:

1.  Make all necessary surveys;

2.  Mark all grades;

3.  Prepare, fix, and prescribe all plans and specifications;

4.  Provide engineering provisions and approvals;

5.  Test and evaluate all project materials and resources as required;

6.  Inspect and approve all work done.  At the option of the City Engineer, 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.

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 shall 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 shall be paid prior to the issuance of permittee’s permit for public improvement.

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 shall be charged for engineering and superintendence services in an amount computed as follows below.  This fee shall be paid prior to the issuance of permittee’s permit for public improvements.

Engineering and superintendence fees:

1.  City does design and survey ‑ see Subsection 17.24.025 A.

2.  Consultant does design and survey ‑ see Subsection 17.24.025 A.

3.  Consultant does design, City does survey ‑ see Subsection 17.24.025 A. plus survey actual costs by authority of Section 5.48.030.

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 Director of the Bureau of Transportation shall refuse to accept the work.  If the work is refused by the Director of the Bureau of Transportation, it shall not thereafter be accepted unless corrected to conform to plans and specifications and unless approved by the City Council.

17.24.080 Work Done Under Permit.

A.  All work done under and in pursuance of a permit shall be under the authorization of the Director of the Bureau of Transportation, who shall determine the details of the improvement and whose orders in regard to the improvement and the execution of the same shall be obeyed by the applicant for the permit and by the persons doing the work.

B.  The Director of the Bureau of Transportation shall have the authority to 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.

17.24.085 Original Documents Become the Property of the City.

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

17.24.090 Certificate by City Engineer.

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 shall 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 shall 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 Engineer shall give a certificate therefor to that effect and that the improvement is accepted, if done within the completion date, as hereinabove set forth, and within recorded public right of way and easements.  Otherwise, the acceptance may be made by the Council on the certification of conformity to Code provisions and proper grades filed by the City Engineer.

17.24.100 Street Pavement Preservation.

After any street has been constructed, reconstructed, or paved by City forces, under City contract, or under permit, the pavement surface shall not thereafter be cut or opened for a period of 5 years. 

The Director of the Bureau of Transportation 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 Director of the Bureau of Transportation 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 shall 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 Director of the Bureau of Transportation 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 Director of the Bureau of Transportation may grant a delay until proper conditions allow for repaving.

17.24.105 Regulations Governing Excavations and Disturbance of Pavement on Transit Mall

A.  Definitions. 

1.  For the purposes of this Section the Transit Mall is defined as Fifth Avenue and Sixth Avenue from the south line of SW Jackson Street to the north line of NW Irving Street,  NW Irving Street from the west line of NW 5th Avenue to the east line of NW 6th Avenue and SW Jackson Street from the west line of SW Fifth Avenue to the east line of SW 6th avenue.

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.  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.

B.  No person shall undertake any excavation nor disturb the Transit Mall Pavement except as provided below.

1.  Maintenance of the brick pavers, curbs, transit way or asphalt pavement by the City or TriMet.

2.  In order to provide for repairs to subsurface facilities made necessary by an emergency.

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.  The Director of the Bureau of Transportation may allow a public utility to excavate the transit mall pavement for,

a.  replacement of an underground  facility that has reached the end of its useful life or,

b.  system expansion necessary to meet the public utilities obligation to serve its customers if, in the opinion of the Director of Transportation, 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 shall not be a consideration in the Director of Transportation’s decision.

5.  The Director of the Bureau of Transportation may require that an applicant requesting to do work under the provisions of  Subsection 17.24.105 B.4. provide the Director 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 the City of Portland.

C.  When granting permits to excavate or disturb Transit Mall pavement , the Director of the Bureau of Transportation 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.  Any person who is required to reconstruct Transit Mall Pavement shall provide engineered plans detailing how the work will be done and the Transit Mall pavement will be restored.  The permitee shall be responsible for the full cost of the reconstruction. Full cost includes any City fee’s 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.  If the Director of the Bureau of Transportation 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 Director of the Bureau of Transportation may grant or order a delay until proper conditions allow for the restoration to occur.

17.24.110 Record of Permits.

The Director of the Bureau of Transportation shall 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.

17.24.120 Removal of Improvement.

In the event the Director of the Bureau of Transportation or the City Council does not accept an improvement made pursuant to permit under this Chapter within 1 year after completion and tender for approval, then the permittee shall 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 Director of the Bureau of Transportation.

17.24.130 Preservation of Cobblestones.

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. 

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.

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.

D.  A permittee shall 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 shall be sent to the Bureau of Parks, Operations Division, and permittee shall deliver the cobblestones to a site as directed by the Bureau of Parks.  The Commissioner of the Bureau of Parks hereby is delegated authority to issue additional regulations providing for the preservation of cobblestones excavated from City street areas.

E.  At the request of the Portland Historical Landmarks Commission, but not less than once annually, the Bureau of Parks shall advise the Commission of the number of cobblestones then being stored.  The deployment of stored cobblestones shall be determined by the Portland Historical Landmarks Commission (and/or recommended to the City Council).  Criteria for deployment shall be established by the Commission.

Chapter 17.25 Outdoor Dining

(Chapter added by Ordinance 150637; Amended by Ordinance 191464, effective September 27, 2023.)

17.25.010 Permit Required.

(Amended by Ordinances 182870 and 191464, effective September 27, 2023.)

  1. Any person desiring to make an improvement, do work in, operate a business, or use the street area for outdoor dining purposes must first obtain a permit from the Director of the Bureau of Transportation (the “Director”) as prescribed in this Chapter and Administrative Rule TRN-10.04, and pay the permit fees set forth in Section 17.25.030.

17.25.020 Definitions.

(Amended by Ordinances 177028, 182870, 184957, 188556, 188850 and 191464, effective September 27, 2023.)

  1. A.  Outdoor dining.  For the purposes of this Chapter, outdoor dining means serving food or beverage from a business located in an adjacent building to patrons standing or seated at tables located within the sidewalk or parking lane areas adjacent to the business; however, the outdoor dining umbrella may also include non-food and beverage vending activities that occur within the sidewalk or parking lane areas.

    B.  Sidewalk.  Sidewalk means that portion of the street between the curb lines or the lateral lines of roadway and the adjacent property lines intended for use by pedestrians and includes all areas of a pedestrian plaza as defined under Chapter 17.43.

    C.  Parking lane.  Parking lane means that portion of the street between the curb lines or the lateral lines of roadway and the adjacent travel lane.

    D.  Transit mall.  As defined in Subsection 17.24.105 A.

    E.  Clear pedestrian zone.  The clear pedestrian zone is the area reserved for travel.  No outdoor dining operations are allowed in this area and the area must meet City standards and be free of hazards as described in the Sidewalk Maintenance Program Policy & Operating Guidelines (Portland Policy Document TRN-1.11).

    F.  Area of operation.  Area of operation means the outdoor dining area described in the permit within which the business is allowed outdoor dining privileges.

    G.  Responsible party.  Responsible party means an individual who works on-site at the business and is responsible for overseeing the outdoor dining area of operation, such as the restaurant manager or other person with similar responsibility.

    H.  Permittee.  Permittee means the individual or entity who applied for the outdoor dining permit and to whom the permit is issued.  The permittee bears ultimate responsibility for the outdoor dining operation.

17.25.030 Application Fee and Permit Fee.

(Amended by Ordinances 177028, 182870, 188850 and 191464, effective September 27, 2023.)

  1. Fees for outdoor dining installations are established by the Director, and are assessed as prescribed in TRN-3.450 – Transportation Fee Schedule. The fees are evaluated and updated annually.
  2. Each application for an outdoor dining permit shall be accompanied by an application fee. The application fee is nonrefundable and additional to the permit fee.  The permit fee shall be collected prior to issuance of the permit.  

17.25.040 Permit Application.

(Amended by Ordinances 182870188850 and 191464, effective September 27, 2023.)

Application for an outdoor dining permit shall be made at the Bureau of Transportation in a form deemed appropriate by the Director. Such application shall include the information required in TRN-10.04 and on the application form itself.

17.25.050 Permit Requirements.

(Repealed by Ordinance 191464, effective September 27, 2023.)

17.25.060 Location Rules and Review.

(Repealed by Ordinance 191464, effective September 27, 2023.)

17.25.070 Liability and Insurance.

(Replaced by Ordinance 182870; Amended by Ordinances 188850 and 191464, effective September 27, 2023.)

  1. Insurance is required pursuant to TRN-10.21 Insurance Requirements for Permits in the Public Right-Of-Way.

17.25.080 Form and Conditions of Permit.

(Repealed by Ordinance 191464, effective September 27, 2023.)

17.25.090 Denial, Revocation or Suspension of Permit.

(Amended by Ordinances 182870 and 191464, effective September 27, 2023.)

  1. A.  The Director may deny, revoke, or suspend any outdoor dining permit authorized in the City of Portland if it is found:
    1. 1.  That the provisions of this Chapter have been violated.
    2. 2.  The permittee does not have insurance which is correct and effective in the minimum amount prescribed in Section 17.25.070.
  2. B.  Upon denial or revocation, the Director shall give notice of such action to the applicant, responsible party, or permittee in writing stating the action which has been taken and the reason therefor.  The action shall be effective upon giving such notice to the applicant, responsible party, or permittee.  Any denial or revocation may be appealed as prescribed in Section 17.25.100 within 20 calendar days of such notice.

17.25.100 Appeal.

(Replaced by Ordinance 182870; Amended by Ordinance 191464, effective September 27, 2023.)

If an application for an outdoor dining installation is denied, revoked, or suspended because it does not meet the requirements described in this Chapter or Administrative Rule TRN-10.04, an applicant must first request a reconsideration conference with PBOT’s Community Use Permitting Section Supervisor (“Supervisor”) to afford the applicant an opportunity to present additional information that may not have been considered by the City or to correct factual errors. The City will reconsider the application with the new or corrected information. The request must be submitted in writing to the Supervisor within the time provided in Subsection 17.25.090 B. Any applicant aggrieved by the Supervisor’s determination may appeal that determination to the Code Hearings Officer as provided in Chapter 22.10 of this Code. There is no filing fee.

17.25.110 Enforcement.

(Added by Ordinance 188850; Amended by Ordinance 191464, effective September 27, 2023.)

  1. The Director, or designee, shall retain the right to inspect and enforce permit compliance related to rules and regulations. Enforcement of rules and regulations shall be in accordance with TRN-8.14 (Right-Of-Way Use Enforcement Program).

Chapter 17.26 Sidewalk Vendors

(Chapter replaced by Ordinance No. 154042, effective January 1, 1983.)

17.26.010 Conducting a Business on City Sidewalks Unlawful without Permit.

No person shall conduct business as herein defined on any City sidewalk without first obtaining a permit from the Office of the City Engineer and paying the required fee. It shall be unlawful for any person to sell any goods or services on any sidewalk within the City of Portland except as provided by this Chapter.

17.26.020 Definitions.

(Amended by Ordinance Nos. 164492, 177028 and 188556, effective August 16, 2017.)

A.  “Conduct business.”  Conduct business means the act of selling or attempting to sell services, or edible or nonedible items for immediate delivery.

B.  “Sidewalk.”  Sidewalk means that portion of the street between the curb lines or the lateral lines of a roadway and the adjacent property line intended for the use of pedestrians and includes all areas of a pedestrian plaza as defined under Chapter 17.43.

C.  “Commercial zone.”  Commercial zone means abutting property which is zoned C, Commercial, or E, Employment, pursuant to Title 33, Planning and Zoning, of this Code or any other zone which may be created as a successor zone to such existing commercial zones.

D.  “Permit operating area.”  Permit operating area means the sidewalk from the midpoint of one block face to the midpoint of an adjacent block face.

E.  “Special events.”  Special events mean an event specifically approved by an individual ordinance or permit granting use of street and sidewalk areas within a specifically defined area for a period of time not exceeding 10 days to a community based organization.

17.26.030 Item for Sale.

(Amended by Ordinance No. 167130, effective Nov. 24, 1993.) The City Engineer shall maintain a list of items and services which are either approved or prohibited for sale from sidewalk vending carts. Any item or service not on the list may be considered for approval based on the following criteria:

A.  All items or services to be sold must:

1.  Be vended from a regulation size vending cart;

2. Not lead to or cause congestion or blocking of pedestrian traffic on the sidewalk;

3. Involve a short transaction period to complete the sale or render the service;

4. Not cause undue noise or offensive odors;

5. Be easily carried by pedestrians.

Requests to have an item or service considered for approval shall be submitted in writing to the City Engineer who shall determine whether the item or service conforms to the above criteria. If the item or service conforms to the above criteria, it shall be listed as approved for sale by sidewalk vendors. If the item or service does not conform, it shall be listed as prohibited for sale by sidewalk vendors. The decision of the City Engineer if adverse to the party making the request, may be appealed to the Council.

17.26.040 Permit Fee.

(Amended by Ordinance No. 182760, effective June 5, 2009.)  Each application for a permit to conduct business on a sidewalk shall be accompanied by an application fee.  The application fee is nonrefundable and additional to the permit fee.  The permit fee shall be collected prior to issuance of the permit.  The permit fee between September 1st and December 31st shall be 30% of the yearly permit fee.  Permits renewed prior to expiration do not require an application fee.

17.26.050 Application for Permit.

(Amended by Ordinance Nos. 165594, 182760 and 188850, effective April 6, 2018.)  Application for a permit to conduct business on a sidewalk shall be made at the office of the City Engineer on a form deemed appropriate by the City Engineer.  Such application shall include but not be limited to the following information:

A.  Name and address of the applicant;

B.  The expiration date of applicant’s City business license;

C.  Type of items sold or services rendered.  Individual applications shall be accepted for one type of product or service only.

D.  A valid copy of all necessary permits required by State or local health authorities;

E.  Insurance is required pursuant to TRN-10.21 Insurance Requirements for Permits Issued by Street Systems Management.

F.  Means to be used in conducting business including but not limited to a description of any vending cart, to be used for transport or to display approved items or services.

G.  A separate application shall be required for each vending cart to be used for transportation or display;

H.  The proposed location for conducting business and the written consent of the property owner(s) adjacent to the permit operating area, along with a signed statement that permittee shall hold harmless the adjacent property owner(s) for any claims for damage to property or injury to persons which may be occasioned by any activity carried on or under the permit.  This consent and hold harmless statement must be submitted on a form deemed appropriate by the City Engineer.  No application shall apply to more than one location.  No application will be accepted for a permit operating area within which a current permit has been issued or an application is pending.  Valid 1982 permits which allowed two carts within a permit operating area may apply for renewal provided they have not lapsed or been revoked.

I.  No food vendor application will be accepted for a permit operating area where a restaurant or fruit and vegetable market, with direct access to the sidewalk, is adjacent or within 100 feet on the same block.  No application will be accepted for a flower vendor for a permit operating area where a flower shop, with direct access to the sidewalk, is adjacent or within 100 feet on the same block.  The above requirement may be waived if the application is submitted with the written consent of the proprietor of the restaurant, fruit and vegetable market or flower shop.  The consent must be submitted on a form deemed appropriate by the City Engineer.

This provision is not an exception to the location and distance prohibitions included in Section 16.70.550 of the Code of the City of Portland, and no application shall be accepted for a location which would be in violation of that Section.

17.26.060 Location Selection.

A. Permit operating areas which have not been issued a current permit shall be available only upon receipt of the written consent of the property owners adjacent to the permit operating area.

B. No vendor or vending business may obtain permits for adjacent permit operating areas on the same block. Valid 1982 permits are exempt from this restriction provided they have not lapsed or been revoked.

C. The City Engineer may establish an additional permit operating area on a block face which exceeds 300 feet in length.

17.26.070 Location Review.

Upon receipt of an application for a permit the City Engineer shall review the proposed permit operating area to determine if the said area is suitable for sidewalk vending. In making this determination, the City Engineer shall consider the following criteria:

A. The permit operating area must be within a commercial zone.

B. The use of the permit operating area for sidewalk vending must be compatible with the public interest in use of the sidewalk areas as public right-of-way. In making such determination the City Engineer shall consider the width of sidewalk, the proximity and location of existing street furniture, including, but not limited to, signposts, lamp posts, parking meters, bus shelters, benches, phone booths, street trees and newsstands, as well as, the presence of bus stops, truck loading zone, taxi stands or hotel zones to determine whether the proposed use would result in pedestrian or street congestion.

The City Engineer shall inform the applicant whether the proposed permit operating area is suitable or unsuitable. In the event the applicant is dissatisfied with the City Engineer’s decision regarding a certain application, he may appeal the decision to the Commissioner In Charge. The decision of the Commissioner, if adverse to the applicant or any notified party may be appealed to the City Council.

17.26.080 Payment for Written Consent is Unlawful.

No person or corporation shall either pay or accept payment for written consent required for the issuance or continued operation of a sidewalk vending permit.

17.26.090 Design Review.

(Amended by Ordinance Nos. 176955, 177028 and 182760, effective June 5, 2009.)

A.  The applicant for a sidewalk vendor permit shall submit detailed scale drawings of the cart to be used, material specifications, and an isometric drawing in color of at least two views showing all four sides of the vending cart and any logos, printing or signs which will be incorporated and utilized in the color scheme.  The City Engineer shall submit the isometric drawings of the vending device to the Bureau of Development Services for approval prior to issuing a permit.  Vending carts shall be measured by the City Engineer prior to the issuance of a permit or the renewal of a sidewalk vendor’s permit to ensure compliance with Section 17.26.090 A of this Chapter.

B.  The Bureau of Development Services shall furnish the City Engineer standards required by the Portland Design Commission to be incorporated in the sidewalk vendors application packet.

17.26.100 Fire Marshal Inspection.

(Amended by Ordinance No. 182760, effective June 5, 2009.)  Prior to the issuance of any permit, the Fire Marshal shall inspect and approve any vending cart to assure the conformance of any cooking or heating apparatus with the provisions of the City Fire Code.

17.26.110 Application Time Limit.

(Amended by Ordinance No. 182760, effective June 5, 2009.)  The applicant must complete all reviews, inspections and present all required documents to the City Engineer within 60 days from date of location approval.  Failure to meet this requirement shall result in cancellation of the application and forfeiture of the application fee.  The City Engineer may extend this time limit, upon written request and a finding of reasonable need.

17.26.120 Form and Condition of Permit.

The permit issued shall be in a form deemed suitable by the City Engineer. In addition to naming the permittee and other information deemed appropriate by the City Engineer, the permit shall contain the following conditions:

A. Each permit will expire at midnight, December 31st of the year issued;

B. The permit issued shall be personal only and not transferable in any manner;

C. The permit is valid only when used at the permit operating area designated on the permit. The permit operating area may be changed by submitting a new letter of consent accompanied by an additional application fee;

D. The permit is valid for one cart only;

E. The location within the permit operating area may be changed, either temporarily or permanently, by written notice of the City Engineer;

F. The permit is subject to the further restrictions of this Chapter;

G. The permit as it applies to a given permit operating area may be suspended by the Council for a period up to 10 days when an ordinance providing for a "community event" shall so provide.

17.26.125 Renewal of Permits.

Application for renewal of permits shall be received from November 1st through December 31st. Application shall be on a form deemed suitable to the City Engineer, accompanied by a permit fee. Applications received after December 31st shall be processed as new applications. The City Engineer shall review each application to determine that:

A. Any required consent has not been withdrawn;

B. The applicant has a currently effective insurance policy in the minimum amount provided in Section 17.26.050 E;

C. All required permits are current;

D. The cart size is in conformance with Section 17.26.130 E. If the City Engineer finds that the application meets all the above requirements, he shall issue a new permit.

17.26.130 Restrictions.

(Amended by Ordinance Nos. 182760 and 185397, effective July 6, 2012.) 

A.  Any person conducting business on the sidewalks of the City ofPortlandwith a valid permit issued under this Chapter may transport and/or display approved items or services upon any vending cart, under or subject to the following conditions:

1.  The operating area shall not exceed 24 square feet of sidewalk which shall include the area of the vending cart, and, when externally located, the operator and trash receptacle.

2.  The length of the vending cart shall not exceed 6 feet.

3.  The height of the vending cart, excluding canopies, umbrellas, or transparent enclosures, shall not exceed 5 feet.

B.  No person may conduct business on a sidewalk in any of the following places:

1.  Within 10 feet of the intersection of the sidewalk with any other sidewalk except that the City Engineer may waive this restriction in writing for any location upon finding that construction of extra‑width sidewalks makes such use consistent with the standards established by Section 17.26.070.

2.  Within 8 feet of the adjacent property line;

3.  Within 10 feet of the extension of any building entrance or doorway, to the curb closest to the property line.

4.  Within 10 feet of any handicapped parking space, or access ramp.

C.  All persons conducting business on a sidewalk must display in a prominent and visible manner the permit issued by the City Engineer under the provisions of this Chapter and conspicuously post the price of all items sold.

D.  All persons conducting business on a sidewalk must pick up any paper, cardboard, wood or plastic containers, wrappers, or any litter in any form which is deposited by any person on the sidewalk or street within 25 feet of the place of conducting business.  Each person conducting business on a public sidewalk under the provisions of this Chapter shall carry a suitable container for placement of such litter by customers or other persons.

E.  All person conducting business on a sidewalk shall obey any lawful order of a police officer to move to a different permitted location to avoid congestion or obstruction of the sidewalk or remove his vending cart entirely from the sidewalk if necessary to avoid such congestion or obstruction.

F.  No person shall conduct business as defined herein at a location other than that designated on his permit.

G.  No permittee shall make any loud or unreasonable noise of any kind by vocalization or otherwise for the purpose of advertising or attracting attention to his wares.

H.  No permitted vending cart shall be left unattended on a sidewalk nor remain on the sidewalk between midnight and 6 a.m.

I.  No permittee shall conduct business in violation of the provisions of any ordinance providing for a special event.

17.26.140 Special Event Designation.

(Amended by Ordinance No. 182760, effective June 5, 2009.)  The special event designation allows vendors to conduct business on City sidewalks at the Rose Festival parades and other major special events that the City Engineer shall so designate, subject to the following conditions:

A.  Application shall be made to the City Engineer on a form deemed appropriate by the City Engineer.  Each application shall apply to only one event or parade.  Application is open to any vendor who possesses a valid sidewalk vending permit.  Each application shall be accompanied by:

1.  All necessary permit fees.

2.  The proposed location for conducting business along with the temporary written consent of the property owners adjacent to the permit operating area.  This temporary consent must be on a form deemed appropriate by the City Engineer.  No application will be accepted for a permit operating area within which a permit has been issued or an application is pending.

B.  Application must be made at least 5 working days prior to an event to qualify for participation.

C.  All temporary locations shall be on side streets adjacent to the parade or event.

D.  Temporary locations are valid only for the date and hours specified by the City Engineer.

E.  All other conditions of this Chapter, except as herein stated, shall remain in effect.

17.26.150 Denial, Suspension or Revocation of Permit.

(Amended by Ordinance No. 182760, effective June 5, 2009.) 

A.  The City Engineer may revoke or suspend the permit, or deny either the issuance or renewal thereof, of any person to conduct business on the sidewalks of the City of Portland based on the following findings:

1.  that such person has violated or failed to meet any of the provisions of this Chapter;

2.  that the cart operation has become detrimental to surrounding businesses and/or the public, due to either appearance or condition of the cart.

3.  any required permit has been suspended, revoked or canceled; or

4.  the permittee does not have a currently effective insurance policy in the minimum amount provided in Section 17.26.050 E.

B.  Upon denial, suspension or revocation, the City Engineer shall give notice of such action to the permit holder or applicant, as the case may be, in writing stating the action the City Engineer has taken and the reasons therefore.  If the action of the City Engineer is a revocation based on Subsections A.3. and 4. of this Section, the action shall be effective upon giving such notice to the permittee, otherwise such notice shall contain the further provision that it shall become final and effective within 10 days.  Any revocation effective immediately may also be appealed to the Council by such filing within 10 days.  Any revocation, suspension or denial may be appealed to the City Council by filing a written notice of appeal with the City Auditor within 10 days of receipt of notification.

17.26.160 Appeal.

The Auditor shall place the appeal on the Council calendar at the first convenient opportunity therefor and shall notify the City Engineer thereof. At the hearing upon appeal, the Council shall hear all witnesses including the City Engineer or his representative who shall state the grounds for this action, and the applicant or person whose permit has been revoked or suspended may supply testimony in writing by witnesses or otherwise and may question witnesses on his own behalf or on behalf of the City. The Council shall hear and determine the appeal and the decision of the Council shall be final and effective immediately.

17.26.170 Penalty for Violation.

Any person violating any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a period not exceeding 6 months, or by both such fine and imprisonment. In the event that any provisions of this Chapter is violated by a firm or corporation, the officer or officers, or the person or persons responsible for the violation shall be subject to the penalty herein provided.

17.26.180 Violation a Nuisance, Summary Abatement.

(Amended by Ordinance No. 182760, effective June 5, 2009.)  The placement of any vending cart on any sidewalk in violation of the provisions of this Chapter is declared to be a public nuisance.  The City Engineer may cause the removal of any vending cart found on a sidewalk in violation of this Chapter and is authorized to store such vending cart until the owner thereof shall redeem it by paying the removal and storage charges therefore to be established by the Commissioner In Charge.

Chapter 17.27 Structural Driveways

(Chapter replaced by Ordinance No. 184957, effective November 25, 2011.)

17.27.200 Structural Driveway Defined.

A structural driveway is any structure intended to provide vehicular access to parking and maneuvering space on private property from a public right of way.

17.27.205 Structural Driveways in Public Streets.

The Director of the Bureau of Transportation may grant a revocable permit to an abutting property owner for the construction and maintenance of a structural driveway within a public street if in the Director of the Bureau of Transportation’s judgment there is no other available means of obtaining vehicular access to a structure on abutting private property.

17.27.210 Permit Application.

The applicant shall submit to the Director of the Bureau of Transportation two complete site plans, two sets of structural plans and calculations bearing the registration stamp and signature of an engineer licensed in the State of Oregon to design structures, and a non‑refundable application fee of $250.  The Director of the Bureau of Transportation may require the applicant to submit a complete geotechnical report and any recommendations made in connection with such report may be required.

17.27.220 Engineer's Review.

A.  The City Engineer will review the application to determine compliance with design standards, possible conflicts with public facilities, and compatibility with existing or future street plans.  If in the course of the review the City Engineer determines that modifications to the proposed plan are necessary, the applicant shall make the requested modifications and resubmit the plan to the City Engineer with all required corrections.

B.  The decision of the City Engineer as to the suitability of the proposed location, materials used, technical requirements of specifications and plans shall be final and conclusive.

17.27.230 Design Standards.

A.  Load ratings and structural design shall be in accordance with the most current edition of the Standard Specifications for Highway Bridges published by the American Association of State Highway and Transportation Officials (AASHTO) in effect at the time of permit issuance or such alternative specifications as are adopted by the City Engineer.

B.  Structural driveways shall have a minimum load rating of H‑15 except that in cases where the structural driveway accesses only one single family residential structure from a Local Service Traffic Street as defined by the Transportation Element of the Comprehensive Plan, the City Engineer may allow a structural driveway in conformance with Uniform Building Code standards if, in the opinion of the City Engineer, the circumstances are such that the lower rating will not create a hazard to the public or users of the structural driveway and permanent vehicle barriers are installed to prevent access to the structure by vehicles exceeding eight feet in height.

C.  The City Engineer may require vehicle barriers, railings, and other appurtenances in excess of AASHTO standards and higher load ratings if in the City Engineer’s opinion such appurtenances are necessary to protect the public and users of the structural driveway.

17.27.240 Permit.

A.   Permits for structural driveways will be issued only to the owner of the property abutting the half of the street area in which the structural driveway is proposed to be built.  The burdens and benefits of any such permit shall run with the property abutting the half of the street area in which the structural driveway is proposed to be built.  Upon sale or disposition of the property, the permit shall automatically transfer to any new owner of the property, except when the permit specifically prohibits such transfer.

B.  The abutting property owner shall be liable to any person who is injured or otherwise suffers damage by reason of the property owners use of the street area.  Furthermore, said abutting property owner(s) shall be liable to the City of Portland for any judgment or expense incurred or paid by the City by reason of the existence of a structural driveway in the street area.

C.  This permit shall be for the use of the street area only, and shall not exempt the permittees from obtaining any license or permit required by the City Code or Ordinances for any act to be performed under this permit, nor shall this permit waive the provisions of any City Code, Ordinance, or the City Charter, except as herein stated.

D.  The conditions in a permit for a structural driveway are burdens upon the abutting property which shall run with the land, and the permit shall be recorded with the Multnomah County Records Division, and the cost of recording shall be paid by the applicant.

17.27.250 Revocation of Permit.

A.  A structural driveway permit may be revoked by the Director of the Bureau of Transportation:

1.  Upon determination of a public need for the area;

2.  If the structural driveway is in conflict with any public improvement plan;

3.  If the permittee fails to maintain the structure to the City Engineer’s satisfaction;

4.  If the permittee allows a dangerous condition, as determined by the City Engineer, to continue for more than twenty days after being given notice to correct the condition; or

5.  Upon failure to comply with any condition of the permit.

B.  The City Council may revoke any structural driveway permit for any reason the Council determines to be in the best interest of the City.

C.  No grant of any permit, expenditure of money in reliance thereon, or lapse of time shall 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.

17.27.260 Removal of Structural Driveways.

Upon revocation of the permit, the permittee or any successor permittee, shall at permittee’s own cost remove such structure within 30 days after written notice to the permittee by the City of such revocation, unless the City Council specifies a shorter period, and shall return the street area in which the structure was located to the condition of the street area immediately surrounding it, to the satisfaction of the Director of the Bureau of Transportation.  If the permittee does not remove the structure and/or return the street area to a condition satisfactory to the Director of the Bureau of Transportation, the Director of the Bureau of Transportation may do so, and the permittee shall be personally liable to the City for any and all costs of dismantling the structure and reconstructing the street area.  The costs of removal and reconstruction shall become a lien upon the abutting property until paid by the permittee.

17.27.270 Fees.

The fee for plan review, permit issuance, and any City  inspection of structural driveways shall be the full cost incurred by the City for such services.  The minimum fee shall be $250.  If full cost will exceed $250, the applicant shall pay any additional costs prior to issuance of the permit.  Amounts paid by the applicant in excess of full City costs, which exceed the $250 minimum fee, will be refunded to the applicant.

17.27.280 Inspection of Construction Required.

The City Engineer may inspect the construction; require the permittee to retain the services of a special inspector who will submit inspection reports directly to the City Engineer, or a combination of the above.  It shall be permittee’s responsibility to obtain the required inspections and failure to do so is grounds for revocation of the permit.

Chapter 17.28 Sidewalks, Curbs and Driveways

(Chapter replaced by Ordinance No. 167684, effective May 18, 1994.)

17.28.010 Sidewalk Defined.

(Amended by Ordinance No. 177028, effective December 14, 2002.) 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.

17.28.011 Planting and Parking Strip Defined.

(Added by Ordinance No. 184957; amended by Ordinance No. 185397, effective July 6, 2012.)  “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 shall be considered part of the planting or parking strip.  Grates or other coverings of said areas shall not be considered as surfacing intended for the use of pedestrians.

17.28.015 Owner Defined.

"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.

17.28.020 Responsibility for Sidewalks and Curbs.

(Amended by Ordinances 182760, 183397 and 184957, effective November 25, 2011.) 

  1. A.  The owner(s) of land abutting any street in the City shall be 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.  Said property owner(s) shall be 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 owner’s failure to keep such sidewalk, curb, driveway or parking strip in safe condition and good repair.  Said property owner(s) shall be liable to the City of Portland for any amounts which 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 said property owners’ failure to satisfy the obligations imposed by the Charter and Code of the City of Portland to maintain, construct, and repair such sidewalks, curbs, driveways and/or parking strips.
  2. B.  Curbs shall be 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 thereto 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 shall be modified or repaired only by the City or under an appropriate permit from the Bureau of Environmental Services.
  4. D.  The City Engineer shall maintain general construction and maintenance specifications for sidewalks, curbs, driveways and/or parking strips.  The City Engineer shall use the specifications to determine compliance with this Chapter of Code.  The Director of the Bureau of Transportation shall provide copies of the specification to any person upon request, and make the specifications available for public inspection during normal office hours.

17.28.025 Property Owner Responsible for Snow and Ice on Sidewalks.

(Added by Ordinance No. 176585, effective July 5, 2002.)

A. The owner(s) and/or occupant(s) of land adjacent to any street in the City shall be responsible for snow and ice removal from sidewalks abutting or immediately adjacent to such land, notwithstanding any time limitations.

B. Property owner(s) and/or occupant(s) shall be 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.

C. Property owner(s) and/or occupant(s) shall be liable to the City of Portland 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.

17.28.030 Notice for Construction of Sidewalks and Curbs.

(Amended by Ordinance Nos. 182760, 184957 and 189413, effective March 6, 2019.)  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 Engineer, to require a new sidewalk or curb to be constructed, or where no sidewalk or curb exists and, in the opinion of the Director of the Bureau of Transportation, a sidewalk or curb or both are needed, it shall be the duty of the City Engineer to post a notice on the adjacent property headed “Notice to Construct Sidewalk” (or curb, or both).  The notice shall 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 therefore which will be furnished by the City Engineer upon application.  The City Engineer shall file with the Revenue Division an affidavit of the posting of the notice, stating when and where the same was posted, and shall furnish upon request proper specifications, standards and information for the construction thereof.  The City Engineer shall 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 Engineer.  If the post office address is unknown to the City Engineer, the notice shall 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, shall not render void the notice, but in such case the posted notice shall be sufficient.

17.28.035 Curb and Intersection Corner Ramps.

(Amended by Ordinance No. 184957, effective November 25, 2011.) 

A.  All newly constructed or reconstructed sidewalk intersection corners shall have included, either within the corner or within the curb area immediately adjacent thereto, ramps allowing access to the sidewalk and street by persons with disabilities as mandated by the Americans with Disabilities Act.

B.  The ramps referred to in Subsection (a) shall be constructed in a good and substantial manner and in accordance with the plans and specifications established by the City Engineer.  The particular plan to be used at a given intersection corner shall be appropriate to the location as determined by the City Engineer.

17.28.040 Construction Alternatives.

(Amended by Ordinance Nos. 182760, 184957 and 189413, effective March 6, 2019.)  In case three or more adjacent properties are posted with notice to construct sidewalk or curb, or both, as set forth in Section 17.28.030, they may petition for such construction as a local improvement.  Otherwise it shall be the duty of the owners of properties posted with such notice to construct the same.  Before constructing the sidewalk or curb, or both, the owner, designated agent or the occupant of the property intending to construct the same, shall obtain from the Director of the Bureau of Transportation a permit therefore, which permit shall prescribe the kind of sidewalk or curb, or both, to be constructed, the material to be used and the width thereof.  After notice to construct sidewalk or curb, or both, has been posted, the owner, agent or occupant shall construct the same within 30 days from the date of posting, or within said time shall show cause, if any there be, by a written remonstrance addressed to the City Council stating why the same 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 thereupon determine whether or not such sidewalk or curb, or both, shall be constructed.  If the remonstrator is not present at the time of such determination by the Council, the Revenue Division shall forthwith notify such person of such determination of the Council by mail sent to the address given upon the written remonstrance.  Failure of the Revenue Division to send the notice, or failure of the remonstrator to receive the same, or any other mistake therein, shall not render void or ineffective the lien to be imposed upon the property in the event of City construction.  In the event that the Council determines that the sidewalk or curb, or both, shall be constructed, the owner or designated agent or the occupant shall within 10 days thereafter begin the construction thereof and diligently prosecute the same to final completion.

17.28.050 City Construction if Owner Fails to Construct.

(Amended by Ordinance No. 182760, effective June 5, 2009.)  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, shall fail, neglect or refuse 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 shall construct the same as soon thereafter as such work can be conveniently scheduled.  The cost for the City to have the repairs made shall be assessed upon the property.

17.28.060 Location, Size and Materials of Sidewalks and Curbs.

(Amended by Ordinance Nos. 182760 and 184957, effective November 25, 2011.)  The Director of the Bureau of Transportation shall determine the distance between the improved sidewalk and the property line, which, in residential areas shall generally be 2 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, shall be designated by the City Engineer.  The class and kind of any fill materials and requirement thereof shall be designated by the City Engineer.  Based on a finding of necessity, the Director of the Bureau of Transportation may permit installation of a temporary sidewalk for a specified period, and the City Engineer shall designate specifications for the temporary improvement.

17.28.065 Bicycle Parking.

(Added by Ordinance No. 177028; amended by Ordinance Nos. 178173, 182389, 182760 and 184957, effective November 25, 2011.)  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.

A.  As a part of street improvements adjacent to developing or redeveloping property, the Director of the Bureau of Transportation may, where determined appropriate and practicable, require one or more bicycle racks.

B.  The location and type of rack shall be determined by the Director of the Bureau of Transportation based on sidewalk width, location of other elements in the right-of-way, and adjacent land uses.

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 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.  Authority.  The City Council delegates authority to the Director of the Bureau of Transportation to adopt administrative rules and procedures necessary to implement provisions of this section.  All rules pursuant to this authority shall be filed with the Office of City Auditor and be available for public inspection.

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 Director of the Bureau of Transportation.

3.  Payment.  The Bicycle Parking Fund fee is due to be paid upon issuance of a building permit.  The Director of the Bureau of Transportation is authorized to refund the Bicycle Parking Fund fee where the development approved by building permit is not constructed and the building permit is cancelled.

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.

17.28.070 Owners to Repair Sidewalks and Curbs Notice to Repair.

(Amended by Ordinance Nos. 183348 and 184957, effective November 25, 2011.)  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 shall be responsible for maintaining such sidewalk and curb in good repair.  If the City Engineer finds that any such sidewalk or curb needs repair, he or she shall post a notice on the adjacent property headed “Notice to Repair Sidewalk” (or curb) which shall 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 Engineer shall 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 shall 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 shall not invalidate said notice, but in such case the posted notice shall be sufficient.

17.28.080 Permit for Sidewalk and Curb Repairs.

(Amended by Ordinance Nos. 183348 and 186083, effective July 12, 2013.)  After notice to repair defective sidewalk or curb, or both, has been posted, the owner, agent or occupant shall 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, shall first obtain a permit.  The permit shall 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, shall first obtain a permit therefore and pay the fees elsewhere prescribed in Chapter 17.24.

17.28.090 Repair by City of Portland.

(Amended by Ordinance Nos. 183348 and 186083, effective July 12, 2013.)  If the owner, agent or occupant of any lot, part thereof or parcel of land which has been posted with notice to repair a sidewalk or curb, or both, shall fail, neglect or refuse to make repairs within the period of 60 calendar days after posting, the City Engineer may as soon as the work can be conveniently scheduled, make the repairs, and the cost shall be determined and assessment made as provided in this Chapter.

17.28.100 Driveways Defined.

(Repealed by Ordinance No. 190604, effective December 17, 2021.)

17.28.110 Driveways - Permits and Conditions.

(Replaced by Ordinance No. 190604, effective December 17, 2021.)

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.

B.  Authority. The Director of the Bureau of Transportation or their designee may issue a permit to construct a driveway in the public right-of-way subject to the conditions and requirements herein. The Director of the Bureau of Transportation may refer any driveway permit application to the City Traffic Engineer and the Oregon Department of Transportation as appropriate, for a review of the operation, location and width. The City Traffic Engineer shall 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 Director of the Bureau of Transportation 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 PCC Title 33. The Director may refuse to issue a permit if the applicant cannot show evidence the Bureau of Development Services has determined that the driveway will access a legal parking space.

The Director of the Bureau of Transportation 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.

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 PCC Chapter 33.266.

D.  Reconstruction and Revocation of Existing Driveways.

1.  The Director of the Bureau of Transportation may revoke any driveway permit or require the modification of any driveway if:

a.  The area occupied by the driveway is needed for right-of-way purposes; or

b.  Continued operation of the driveway interferes with the safe and orderly flow of pedestrians, bicycles or vehicular traffic; or

c.  The abutting owner has failed to comply with all specifications and conditions of the permit; or

d.  The driveway does not access a legal parking space on abutting property per PCC Title 33.

2.  The Council may revoke any driveway permit if it deems such action will be in the public interest.

E.  Enforcement: Within 60 calendar days of written notice from the Director of the Bureau of Transportation to close or modify a driveway, the abutting property owner shall 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 shall be determined and assessment made as provided in this Chapter.

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 shall be required. Any applicant requesting a Driveway Design Exception shall provide information, as determined necessary by the City Traffic Engineer, to support the application. The Director of the Bureau of Transportation 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 Director or their designee(s). The Director or their designee(s) will review the determination and send a final decision to the applicant.

G.  References. Refer to administrative rule “TRN-10.40 – Driveways – Operation and Location” for additional requirements.

Refer to City of Portland Standard Drawings for additional design requirements.

17.28.120 After Construction Driveways Deemed Part of Sidewalk.

After a driveway has been constructed, it shall 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, shall be applicable to reconstruction of a driveway, except that the property owner shall have no option to petition for a local improvement solely for such purpose.

17.28.130 Reconstruction of Existing Driveways.

(Amended by Ordinance No. 186716, effective August 15, 2014.) If the City Engineer 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 Engineer 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 shall be determined and assessment made as provided in this Chapter.

17.28.140 City Charges for Construction or Repair of Sidewalks, Curbs and Driveways.

(Amended by Ordinance Nos. 182760 and 189837, effective February 28, 2020.)  The property owner shall 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.

A.  Special structural, excavation and fill jobs and jobs in areas of traffic and pedestrian congestion shall be charged at the discretion of the City Engineer.  Determination of whether a job is of special type shall be made by the City Engineer.

B.  Cost basis charges for work may be made at the discretion of the City Engineer if the actual cost can be conveniently and accurately determined.

17.28.150 Billing for Charges.

(Amended by Ordinance Nos. 183348, 189413 and 189837, effective February 28, 2020.)

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 shall be determined by the City Engineer and reported to the Revenue Division.  The Revenue Division shall calculate a proposed assessment that includes the amount of the improvement charge plus 10% of the charge to defray the administrative costs of notice, assessment and lien recording.

B.  The Revenue Division shall 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 shall be mailed at least 21 calendar days before the public hearing on the proposed assessment, and the notice shall consist of the following information:

1.  The legal description and site address of the property;

2.  The amount of the proposed assessment against the property;

3.  The manner and deadline for filing a written remonstrance to the proposed assessment amount;

4.  The date, time and location of the public hearing for Council consideration of the proposed assessment; and

5.  Contact information for sidewalk repair.

C.  Any owner of property proposed to be assessed for sidewalk repair may file a remonstrance to the proposed assessment with the Revenue Division.  The remonstrance must be in writing and received by the Revenue Division via US mail or hand delivered no later than 5:00 PM eight (8) calendar days prior to the hearing by the City Council on the proposed final assessment.  Upon receipt of a timely filed remonstrance the Revenue Division shall remove the property from the filing of the proposed assessment before the City Council hearing date, and shall refer the remonstrance to the responsible bureau for follow-up and response.

D.  The Revenue Division shall mail the proposed assessment notice by first class mail to the owners of the affected property.  The notice shall be deemed given upon deposit in the U.S. mail.

17.28.160 Assessment of Charges.

(Amended by Ordinance Nos. 182760, 183348, 189413 and 189837, effective February 28, 2020.) 

A.  The Revenue Division shall refer to the City Engineer or responsible bureau all remonstrances and remove from further assessment action the proposed assessments which are associated with the remonstrances.  The City Engineer or responsible bureau shall review each remonstrance by taking the following actions:

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.  Determine the extent of actions or adjustments which are necessary to bring the proposed assessment into compliance with Code and program standards; and

3.  Mail a statement of findings to the remonstrating property owner, and file a copy with the Revenue Division.  The findings shall include a statement that the property owner may appeal the determination.

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 shall notify the appellant and the Revenue Division 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.

B.  Following adoption of the assessing ordinance, the Revenue Division shall 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 shall be deemed given upon deposit in the U.S. mail.  The notice shall contain the following information:

1.  The legal description and site address of the property;

2.  The final assessment amount;

3.  A statement that the final assessment is recorded in the Docket of City Liens, and is a lien which has first priority against the property as provided by state statute;

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.  The interest, penalties and collections costs which shall 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.  A statement that delinquent final assessments may be collected by foreclosure and property sale.

C.  The Revenue Division shall maintain a Docket of City Liens containing final assessments on property.  Any unpaid final assessment shall be recorded in the City lien docket, and it shall be binding upon the property owner and all subsequent property owners of the property or any segregated part of it.  The docket shall 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.  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.  Any additional interest, penalties, or billing charges imposed by the City with respect to any installments of final assessments which are not paid when due.

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 shall have first priority over all other liens and encumbrances whatsoever.

E.  The City shall enforce assessment liens and installment payment contracts under this Chapter in the same manner as other City assessments as set forth in Title 5.

Chapter 17.30 (Repealed)

(Chapter repealed by Ordinance No. 177124, effective January 10, 2003.)

Chapter 17.32 Public Sewer and Drainage System Permits, Connections and Maintenance

(Chapter replaced by Ordinance 186659; effective July 18, 2014.)

17.32.010 Purpose.

  1. This Chapter regulates access and connection to, and the use, construction, modification, maintenance, repair or removal of, components of the City sewer, storm sewer and drainage systems and their easements. This Chapter operates in conjunction with Chapter 17.38 to regulate the collection, conveyance and disposal of sanitary and stormwater discharges from public and private properties. This Chapter is administered by the Director of the Bureau of Environmental Services (BES).

17.32.020 Definitions.

(Amended by Ordinance 186902, effective December 26, 2014.)

  1. As used in this Chapter, the following definitions apply:
  2. A.  “Building Sewer” means that portion of the horizontal piping system that receives the discharge of building drains and extends to a public sewer, private sewer, private sewage disposal system, or other approved discharge point; and is located on private property.
  3. B.  “Capacity” means the flow volume or rate for which a specific facility is designed to safely contain, receive, convey, infiltrate, or reduce pollutants from sanitary sewage, stormwater, wastewater, or other discharge in order to meet a specific performance standard.
  4. C.  “City Storm Sewer and Drainage System” means a City conveyance or system of conveyances, including but not limited to pipes, pumps, drainage ditches, constructed channels, groundwater-related disposal systems, underground injection control devices, stormwater management facilities, and storm drains, that are designed or used to collect and transport stormwater. “City storm sewer and drainage systems” does not include natural streams, creeks, ponds, lakes, a combined sewer, or part of a Publicly Owned Treatment Works, as defined in 40 CFR 122.2 
  5. D.  “Combined Sewer” means a sewer designed to convey both sanitary sewage and stormwater.
  6. E.  “Commercial or Industrial Occupancy” means any structure or facility wherein preparation, processing, treating, making, compounding, assembling, mixing, improving, or storing any product or any solid, liquid or gaseous material for commercial or industrial purposes occurs, or wherein cleaning, processing or treating of tanks, vats, drums, cylinders or any other container used in transportation or storage of any solid, liquid or gaseous material for commercial or industrial purpose occurs.
  7. F.  “Common Private Sewer System (also called Party Sewer)” means that portion of a building sewer that:
    1. 1.  Is not owned by the City of Portland;
    2. 2.  Is used for draining more than one building under different ownership; and
    3. 3.  Conveys the discharge to a sewer service lateral, public sewer, private sewage disposal system, or other point of disposal.
    4. Common private sewers are found on private property and in private and public rights-of-way, including easements.
  8. G.  “Connection” means the connection of all sanitary waste and drainage disposal lines from all development on a property to the public sewer and drainage system.
  9. H.  “Conveyance” means the transport of sanitary sewage, stormwater, wastewater or other discharge from one point to another point.
  10. I.  “Director” means the Director of the Bureau of Environmental Services or the Director’s designee.
  11. J.  “Discharge Point” means the connection point or destination for a discharge leaving a site.
  12. K.  “Drainage” means the flow of waters across public and private properties.
  13. L.  “Drainage Improvements” means management facilities or modifications to storm sewers, drainage systems or drainage patterns to address safety issues, increase capacity, or improve water flows or quality.
  14. M.  “Green Street” means a vegetated stormwater management facility located within a public or private right-of-way.
  15. N.  “Groundwater Discharge” means a discharge pumped or directed from the ground. Groundwater-related discharges include but not limited to, subsurface water from site remediation and investigations, well development, Brownfield development, discharges from footing and foundation drains, and subsurface water associated with construction or property management dewatering activities.
  16. O.  “Nonconforming Sewer” means a private sanitary sewer that is:
    1. 1.  Not on the same public or private property as the structure or structures being served by the sewer; and
    2. 2.  Not located within a recorded sewer easement or subject to a recorded covenant for easement regarding use of the sewer and meeting the standards for easements specified in administrative rules.
  17. P.  “Public Right-of-Way” means the area within the confines of a dedicated public street, an easement owned by the City, or other area dedicated for public use for streets or public utility facilities.
  18. Q.  “Public Sewer Easement” is a grant of the right by a property owner to the City to use land for placement and maintenance of public sewer facilities.
  19. R.  “Route of Conveyance” means the BES-approved path of conveyance from a property or private stormwater system to the approved discharge point.
  20. S.  “Route of Service” means the BES-approved path of connection of a building sewer or private stormwater conveyance to a City sewer, storm sewer or drainage system.
  21. T.  “Sampling Manhole” means a manhole in a sewer lateral or other monitoring access acceptable to BES, and that allows for observation, sampling or measurement of all discharges to the City’s sewer or drainage system.
  22. U.  “Stormwater” means water that originates as precipitation on a particular site, basin, or watershed.
  23. V.  “Wye” means a connection joint or pipe between a public sewer and more than one sewer service lateral, building sewer, or common private sewer system.

17.32.030 Permit Required.

(Amended by Ordinance 189506, effective June 21, 2019.)

  1. A.  It is unlawful for any person to take the following actions without first obtaining authorization from the Director and approval from the BES Chief Engineer via permit, contract or other legal agreement and paying applicable fees:
    1. 1.  Access any City sewer or drainage system component;
    2. 2.  Encroach into a City sewer easement;
    3. 3.  Dig up, break into, excavate, disturb, dig under, or undermine any public street or City sewer easement for the purpose of laying or working upon any City or private sewer or drainage improvement of any kind;
    4. 4.  Make connection with, obstruct or interfere with the City sewer, storm sewer or drainage system;
    5. 5.  Cut, break, connect, modify or remove any component of the City sewer or drainage system;
    6. 6.  Direct water, from any source, on private property to run onto any City sidewalk, street, easement or right of way. 
  2. B.  In the case of the need for emergency repair to a City sewer, storm sewer or drainage system component to protect public health, safety or the environment, the person making the repair may commence work without first obtaining a permit provided that:
    1. 1.  The person immediately notifies the City of the need for repair;
    2. 2.  Any emergency repair work is limited to what is needed to remove the emergency situation as deemed necessary by BES Chief Engineer;
    3. 3.  The work is performed in compliance with standard City construction specifications, the Sewer and Drainage Facilities Design Manual, the Source Control Manual, and the Stormwater Management Manual; and
    4. 4.  The person making repairs files an application for a BES permit within three business days of the emergency and complies with all permit conditions and pays all applicable fees.
  3. C.  Repair of nonconforming sewers located in public right-of-way or a City easement is prohibited unless the BES Chief Engineer determines that it is in the public interest to allow the nonconforming system to remain.
  4. D.  The Portland Bureau of Transportation may require a permit and approval from the BES Chief Engineer to construct and attach drainage improvements to the City sewer, storm sewer and drainage system as needed to provide stormwater drainage for public streets.
  5. E.  Except as otherwise allowed by the Director, it is unlawful for any person to allow or cause a connection that will result in the discharge of sanitary sewage into a City storm sewer and drainage system.
  6. F.  Except as otherwise allowed by the Director, it is unlawful for any person to allow or cause a connection that will result in the discharge of storm drainage, collected groundwater or other water to a public sewer designated by the BES Chief Engineer to be used solely for sanitary sewage.

17.32.040 Types of Permits and Reviews.

  1. The Director has established a permitting system to review, approve and enforce proposals to access, use, connect, modify, repair or remove components of the City sewer, storm sewer and drainage system. BES administrative rules identify application submittal requirements, permit issuance decision-making, inspection, bond, and warranty requirements. In general, the Director authorizes the following permits, reviews, and authorizations:
  2. A.  Access and system use permits for limited use of sewer systems for monitoring, sampling or other non-structural activity;
  3. B.  Encroachment reviews for City sewer and drainage systems and their easements, including both temporary staging and permanent structural modifications;
  4. C.  Connection permits for new laterals or permanent routing of any discharges to the City sewer, storm sewer or drainage system;
  5. D.  Public works permits for construction, modification, repair or removal of a component to the City sewer, storm sewer or drainage system; and
  6. E.  Pre-issuance reviews on projects in the vicinity of City sewer, storm sewer and drainage systems that are required to obtain other City permits or authorizations to conduct work.
  7. F.   Authorization the activities described in Section 17.32.030 through a binding contract or other legally binding agreement or a BES discharge permit or authorization.
  8. G.  The BES Chief Engineer may refuse to issue a permit if:
    1. 1.  In the judgment of the BES Chief Engineer, the proposed work or activity is not suitable in the circumstances or will not be consistent with or protective of existing or proposed public sewer, storm sewer or drainage improvements or activities in the immediate vicinity;
    2. 2.  The application is not modified as the BES Chief Engineer deems necessary; 
    3. 3.  The City Engineer has not issued a street opening permit if the public sewer or drainage improvement or proposed work or activity is occurring or will occur within a public right-of-way or area to be designated as a public right-of-way;
    4. 4.  The application is to repair, replace or upgrade an existing private sewer or drainage system that is nonconforming; or
    5. 5.  The requirements of any previously issued permit have not been met including the payment of delinquent fees or City charges.

17.32.050 Work Allowed and Required Under Permit.

(Amended by Ordinance 189506, effective June 21, 2019.)

  1. A.  Upon receipt of the completed application, proper and satisfactory bond, and payment of all applicable fees, the BES Chief Engineer may issue the requested permit, unless there are reasons of public interest to the contrary. The permit may include restrictions or conditions as deemed necessary by the BES Chief Engineer.
  2. B.  All persons doing work under a permit must comply with all the conditions of the permit as specified by the Director and perform work to the standards set by the BES Chief Engineer. The BES Chief Engineer may establish standards for particular types or classes of work to be performed by persons permitted to work on BES facilities in streets, easements, or other public property. Such conditions may include:
    1. 1.  Full payment of permit fees.
    2. 2.  Specifics about the kind of work and the time in which the same is to be completed.
    3. 3.  Such other requirements as the BES Chief Engineer finds appropriate in the public interest. 
  3. C.  The BES Chief Engineer may refuse to accept work that is not in full compliance with the plans, specifications, permit or other contract documents. If the work is refused, it will not be accepted unless it is brought into full compliance.
    1. 1.  All work must comply with the following design and construction standards;
      1. a.  Sanitary, wastewater or other discharges to the sanitary or combined system must comply with the Sewer and Drainage Facilities Design Manual and the Source Control Manual.
      2. b.  Stormwater, groundwater discharge or other waters discharged to the City’s storm sewer and drainage system must comply with the Stormwater Management Manual, the Source Control Manual, and Chapter 17.38.
  4. D.  All components of the City sewer, storm sewer and drainage system must be located within public rights-of-way, including easements. The width of public rights-of-way must be adequate to allow reasonable access for inspection, maintenance, repair and replacement, using standard construction methods. The minimum width for City sewer, storm sewer or drainage easements located outside of the public right-of-way is 15 feet. The Director may require enlargement of an easement as necessary to address topographic conditions, the design of the improvement, or other relevant factors.
  5. E.  It is unlawful for any person who obtains a permit to fail or refuse to immediately remove all surplus sand, earth, rubbish, and other material from public streets and other public areas. All public streets, easements, and other public properties must be repaired or replaced to a condition satisfactory to the City Engineer, or the BES chief Engineer for sewer, storm sewer and drainage easements, at the permittee’s own expense for the period of two years from the date of the completion of the work, as acknowledged in writing by the City.

17.32.060 Permit-Related Records.

  1. BES will keep a record of permitted activities and improvements made under permit, permits issued under this Chapter, permit conditions, and the dates of acceptance of improvements. Any plans, specifications, survey notes, or other original documents as required by the BES Chief Engineer that were prepared for or produced during permit application or the design of, construction of, or connection to of a public sewer or drainage improvement, become the property of the City and must be delivered to the BES Chief Engineer before acceptance of the improvement by the BES Chief Engineer. The permittee must provide copies of any sampling data or other information obtained as a result of accessing the City sewer, storm sewer and drainage system.

17.32.070 Maintenance of Sewer and Drainage Systems.

(Amended by Ordinances 188477 and 189506, effective June 21, 2019.) 

  1. Sewer system maintenance obligations including inspection, rehabilitation, routine cleaning and repair are based on ownership of the system:
  2. A.  Private Systems. A sewer or drainage system that was not constructed by the City, built under a public works permit, or otherwise accepted pursuant to Subsections 17.32.070 B.1. or B.2. must be maintained by the parties served by the system, regardless of whether the system is located within a public right-of-way.
    1. 1.  If any portion of an existing sewer or drainage system extends into a public right-of-way, the property owner must obtain a permit pursuant to Chapter 17.24 before beginning work within the right-of-way. 
    2. 2.  For a sewer or drainage system located in a public right-of-way that is under either private or unclear ownership, the BES Chief Engineer may grant or deny a permit to repair, upgrade, or replace the system as provided by Section 17.32.030. Such a system may only remain in the public right-of-way at the discretion of the BES Chief Engineer.
    3. 3.  Incidental, inadvertent, or emergency City maintenance of private sewer or drainage systems or systems with unclear ownership does not obligate the City to perform future maintenance, imply acceptance of the system, or confer ownership of the system on the City.
  3. B.  Public Systems. A sewer or drainage system constructed by the City, constructed under a public works permit, or accepted by the City pursuant to Subsections 17.32.070 B.1. or B.3. will be maintained by the City as explained below in this Section unless otherwise specified by written agreement with the City.
    1. 1.   Limits of City Maintenance Responsibility. The City maintains City sewer and drainage improvements that are located in City rights-of-way and that are described as part of the City public sewer, storm sewer and drainage system. However, the City only maintains laterals as follows:
      1. a.  For a City-paved street with curbs, the City will maintain a lateral from the sewer main to the street-side curb face nearest the property being served. If there is more than one curb, as with stormwater facilities, the City will maintain to the street-side curb face closest to the property line. Otherwise, the City will maintain only the wye or tee connection for laterals.
      2. b.  For a City-paved street without curbs, the City will maintain a lateral from the sewer main to the edge of the City paved street area.
      3. c.  Under Subsections 17.32.070 B.1.a. and b., when the sewer main is located in the right-of-way between the property line and the street-side curb face closest to the property line, the City will maintain only the wye or tee connection for the lateral.
      4. d.  For an unpaved street, the City will maintain those portions of any lateral within an area of right-of-way up to 28 feet wide and centered on the centerline of the City right-of-way, as determined by the City, as follows:
        1. (1)  When the sewer main is within the 28-foot maintenance area, the City will maintain the lateral to the limit of the maintenance area;
        2. (2)  When the sewer main is outside the 28-foot maintenance area and at least a portion of the lateral lies within the maintenance area, the City will maintain the lateral to the limit of the maintenance area; and
        3. (3)  When the sewer main is outside the 28-foot maintenance area and no portion of the lateral lies within the maintenance area, the City will maintain only the wye or tee connection for the lateral.
      5. e.  In City sewer, storm sewer and drainage system easements, the City will maintain public sewer mains and only the wye or tee connections for laterals. 
      6. f.  Those portions of a lateral not addressed by Subsections 17.32.070 B.1.a. through d. are the responsibility of the property owner receiving service through the lateral.
    2. 2.  Acceptance of Systems with Unclear Ownership. The Chief Engineer may agree to conduct future maintenance of a sewer or drainage system located in a public right-of-way or City utility easement where the ownership is unclear if, in the judgment of the BES Chief Engineer, the public will benefit thereby and: 
      1. a.  The system conveys only domestic sanitary or stormwater flows from residential property; or
      2. b.  The system has been specifically modified through City permit or by the City to accept stormwater flows from City rights-of-way or other City-controlled property.
      3. c.  Acceptance of a system under this Section does not include or imply acceptance by the City of any maintenance responsibility, cost, liability or damage that arises from conditions or use of the system before acceptance by the City.
    3. 3.  Acceptance of Systems from Other Agencies., utilities or Individuals. The BES Chief Engineer may accept sewer, storm sewer and drainage systems from other public or private utilities, public agencies, non-profit groups or other persons as the BES Chief Engineer deems appropriate. This acceptance my include full ownership or only assumption of maintenance responsibilities.
    4. 4.  Adoption of Private Systems in the Public Right-of-Way. The BES Chief Engineer may agree to take ownership of a private sewer system or drainage improvement in the City right-of-way as provided by administrative rule. At the discretion of the BES Chief Engineer, a system meeting the following general criteria may be adopted:
      1. a.  All the properties connected to the system are participating in the City’s Nonconforming Sewer Conversion Program pursuant to Chapter 17.33;
      2. b.  The sewer system conveys only domestic sanitary or stormwater flows from residential property;
      3. c.  The owners of all properties connected to the system provide the City with detailed information about the design, location, and condition of the system, and the properties connected to it as specified by administrative rule;
      4. d.  The owners of all the properties connected to the system relinquish all claims to the system; and
      5. e.  All branch fees assessed by the City are paid or financed.
    5. 5.  A system accepted under Subsection 17.32.070 B.1. or adopted under Subsection 17.32.070 B.2. will be added to the City maintenance roles as of the date of acknowledgment by the BES Chief Engineer.
    6. 6.  The City’s responsibility for maintenance of any sewer or drainage system, branch or connection point is subject to the City’s annual budget appropriation and will be limited to the level of service dictated by the City Council’s discretionary budget decision. The City assumes no responsibility for activities requiring a level of maintenance in excess of the level for which funds have been appropriated.
    7. 7.  Any private piping, collection or conveyance structures needed to provide service to or used to transport discharges to the City’s sewer, storm sewer or drainage system, will be the sole responsibility of the property owners(s) served by such systems. System installation, maintenance and repair will occur at the expense of the applicable property owner(s).
    8. 8.  Volunteer Maintenance. Property owners adjacent to City green street or other drainage improvement are not responsible for routine maintenance of the facilities, but BES-approved volunteers may voluntarily perform any of the following tasks:
      1. a.  Trash, debris, and sediment removal;
      2. b.  Weed removal;
      3. c.  Leaf pick up and removal;
      4. d.  Watering of vegetation;
      5. e.  Clearing inlets and outlets to allow stormwater to freely enter and exit the facility; and
      6. f.  Planting vegetation with written approval from BES.
  4. C.  Nuisance Abatement.
    1. 1.  The BES Chief Engineer may determine that a sewer or drainage improvement located in a public right-of-way that is under either private or unclear ownership constitutes a public nuisance if it:
      1. a.  Impairs or threatens to impair the operation, maintenance or installation of any street or public utility;
      2. b.  Is so deteriorated that its flows infiltrate or threaten to infiltrate any public utility or impact or threaten to impact the support structures of any street or public utilities;
      3. c.  Violates City operation, maintenance or construction standards or rules, or
      4. d.  Otherwise creates a public health or safety hazard.
    2. 2.  Summary abatement of the nuisance is authorized when the BES Chief Engineer determines it is necessary to take immediate action to meet the purposes of this Title.
    3. 3.  Notice to the responsible party before summary abatement is not required.  Following summary abatement, the BES Chief Engineer will notify all owners identified in this Chapter or Chapter 25.09 as having maintenance or repair responsibilities. An error in the name of the property owner or address listed in the county assessment and taxation records does not affect the sufficiency of the notice.
    4. 4.  The City will bill each property that the City determines caused or contributed to the nuisance to recover the costs of abatement. If the amount due is not paid in full within 30 days of the date of notice, the City may place a lien against the property.
  5. See Figure 13 for an example visual representation of ownership situations.

17.32.080 Use and Access Permits.

  1. A.  Access to or use of the City sewer, storm sewer and drainage system requires the written approval of the Director and payment of all applicable fees. Public agencies or BES discharge permittees may be eligible for multi-use or programmatic permits. Structural modification of the City sewer, storm sewer and drainage systems requires a public works permit under Section 17.32.100. 
  2. B.  Drainage System Modifications. Modifications of any public or private stormwater management systems require the written approval of the Director.

17.32.090 Connection Permits.

(Amended by Ordinance 189506, effective June 21, 2019.) 

  1. Connecting to a City sewer, storm sewer or drainage system, requires the written permission of the Director and payment of all applicable fees. A permit application must include the purpose of the work; the name of the street or proposed or existing easement or right of way where work is proposed; the location of potentially affected components of the City sewer, storm sewer and drainage system; the location of the building or lot to be connected by the work (if any); and the location and the area to be drained.
  2. A.  If the application is for a permit is to connect a commercial or industrial occupancy it must also include:
    1. 1.  A description of the business, a plat of the property, plans and specifications for any special installations;
    2. 2.  A description of the character and quantity of waters and wastes to be discharged through the connection;
    3. 3.  A proposed schedule for work; and
    4. 4.  Any further information required by the BES Chief Engineer.
  3. B.  If the application is for a permit to connect properties outside the City limits, connection approval will be at the sole discretion of the BES Chief Engineer. No connection from property outside the City limits or within a neighboring jurisdiction  will be permitted which, in the opinion of the BES Chief Engineer, may overload or otherwise compromise any component of the City sewer, storm sewer or drainage system. Connection of properties outside the City’s boundaries is subject to the requirements and limitations of the City’s adopted urban services policy.
    1. 1.  Application for a permit to connect must be made in writing by the owner or other person having a recorded equitable interest in the property for which the connection is desired.  Before a permit can be issued, all fees and special charges must be paid and any permits that may be required for street or highway opening and use must be obtained.
    2. 2.  Any person connecting a property outside the City limits to the City sewer, storm sewer or drainage system must enter into a maintenance agreement as may be required by the Director.
    3. 3.  Flows from outside the City limits may be required to meet the standards in the Source Control Manual, the Stormwater Management Manual or the Sewer Drainage Facilities Design Manual, as determined by the BES Chief Engineer based on the needs of the City sewer, storm sewer and drainage system.
  4. C.  All permitted work must meet the following general sewer and drainage system construction standards, if applicable:
    1. 1.  All discharges must be routed to the City sewer, storm sewer and drainage system by gravity service when possible, unless otherwise approved by the BES Chief Engineer.
    2. 2.  If separate City storm and sanitary sewers are available, separate connection must be made to the City’s sewer, storm sewer and drainage system from the private property:
      1. a.  Sanitary sewage from private property must be separately conveyed to the property line and connected through individual laterals for discharge to the City separate sanitary or combined sewer.
      2. b.  Drainage from private property, whether from the roof of a building, the surface of a structure, footings of a structure or any other surface, groundwater discharge or other drainage must be conveyed separately from sanitary sewage to City systems via an approvable route of conveyance or discharge point to the City storm sewer and drainage system;
      3. c.  If separate storm and sanitary sewers are not available, but a combined sewer is available, the BES Chief Engineer may require or allow:
        1. (1)  Separate connections for the separate sewage lines from the property to the City’s combined sewer;
        2. (2)  Joining of the separate lines at the curb line closest to the property line or edge of an easement for single discharge into the City’s combined sewer; or
        3. (3)  Onsite infiltration of surface, groundwater discharge or other drainage to minimize or eliminate the need for offsite discharge.
    3. 3.  All discharges must be connected via an approved route of service or route of conveyance to a discharge point approved by the BES Chief Engineer.
  5. D.  The BES Chief Engineer may require that a property owner modify or abandon an existing sewer connection when a new or renovated public sewer becomes available. The BES Chief Engineer may dictate a new route of service or route of conveyance and new approved connection point to the City sewer, storm sewer and drainage system for sewage, wastewater or other drainage discharges. A new connection may be:
    1. 1.  Required or provided by BES as part of an infrastructure replacement project that addresses issues such as but not limited to pipe stability, capacity expansion, water quality improvement, or reduction of inflow or infiltration into existing laterals.
    2. 2.  Require for a property with a private sewer, storm sewer and drainage system located in City right-of-way to obtain a City encroachment permit;
    3. 3.  Required in order to remove an illegal connection that is subject to an enforcement action.

17.32.100 Public Works Permits.

  1. A.  The construction, modification, repair or removal of a component of the City sewer, storm sewer and drainage system requires a public works permit prior to beginning work. All applicants must complete a public works application form that provides:
    1. 1.  A description of the proposed work and the applicable public improvements.
    2. 2.  Locations and names of proposed streets where work is proposed, location of any off-street improvements, and the name of a new proposed plat development, if any.
    3. 3.  Any other information the BES chief Engineer deems appropriate.
  2. A permit will be issued by the City after the sewer or drainage improvement plans and/or description of proposed work have been approved by the BES Chief Engineer.
  3. B.   Prior to City issuance of a permit, the applicant must provide a performance bond, cash, or other financial guarantee in an amount not to exceed the City’s estimate for construction and engineering.
  4. C.   The BES Chief Engineer will only issue a permit for the construction of a public sewer or drainage improvement in advance of plat recording of a subdivision or planned unit development after:
    1. 1.  The sewer or drainage improvement plans have been approved;
    2. 2.  The final plat, with or without required signatures affixed, has been submitted to the Bureau Development Services;
    3. 3.  The Bureau of Development Services has given written assurances that subdivision or planned unit development approval conditions have been or will be met;
    4. 4.  All applicable easements outside the subdivision or planned unit development have been obtained, and
    5. 5.  The applicant has complied with Section 17.32.050 of this Code.
    6. 6.  The issuance of a BES public works permit in no way waives any requirements by the City or any other public agency that may be associated with the development of a plat or Planned Unit Development.
  5. D.  Persons wishing to utilize City design services must include payment of a deposit in an amount to be determined by the Director with the permit application. All deposits must be made before any City design work begins. BES will retain the deposit as compensation for the preparation of design and plans or for review efforts if:
    1. 1.  A permit application or issued public works permit has had no action or communication for one year from the previous contact; or
    2. 2.  A permit is not issued for the proposed improvement within one year from the time the design and plans are reviewed and completed. 
    3. 3.  If a public works permit is issued for the proposed improvement within one year from the time the design and plans are completed, the amount of the required deposit will be applied to the cost of the permit fee for such improvements.
  6. E.  In addition to the standard permit conditions of Section 17.32.050, public works permits must meet the following standard conditions:
    1. 1.  The resulting public improvement must be located in a public easement or public right of way and will come under City control upon plat and easement recording with the County. 
    2. 2.  The permittee shall hold the City of Portland harmless in writing against any liability that may arise from or in connection with the permitted activity prior to any dedication of rights-of-way or recording of easements. The permittee must assume 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 the permittee's improvements.
    3. 3.  The permittee must, at the permittee's own expense, maintain any permitted City sewer or drainage improvement for a period of 24 months following the issuance of a letter of permit completion by the City Engineer. The warranty period ensures that workmanship and materials are not defective and that the improvement is operating properly. BES may extend the warranty period for any repairs, alterations or rehabilitations that needed to occur during the original warranty period. 
    4. 4.  Any drainage improvements made on private property and private or shared private/public facility systems allowed in a City right-of-way or easement will remain the maintenance responsibility of the private property owner as a condition of the approved permit and associated maintenance agreement unless accepted as a City maintenance responsibility by the Director.
    5. 5.  All plats and easements must be recorded with the County prior to final acceptance of the public sewer or drainage improvements.
  7. F.  Acceptance of Improvements.
    1. 1.  Notice of Construction Completion. During the course of construction, and before issuance of a letter of permit completion from the BES Chief Engineer or a certificate of completion from the Bureau of Transportation for joint projects, the BES Chief Engineer will inspect the sewer or drainage improvement and to determine if the improvements were constructed in compliance with the plans, specifications and conditions of the permit and if they meet City standards for quality of workmanship. The BES Chief Engineer will check the improvement for alignment and conformance with the established grade. Once this acceptance is garnered, the maintenance and warranty period will commence.
    2. 2.  Certificate of Completion of the Maintenance and Warranty Period. All of the work required during the warranty period must be completed to the satisfaction of the Chief Engineer prior to completion certificate issuance and issuance of a warranty completion certificate accepting the improvement.
    3. 3.  In the event the BES Chief Engineer does not accept a public sewer or drainage improvement within one year after completion of the warranty period, the permittee must remove the improvement and restore the public area to at least its prior condition or to the extent directed by the BES Chief Engineer or City Engineer at the permittee’s expense.

17.32.110 Permit and Review Fees.

  1. Permit and review fees are described on the BES annual rate ordinance required by Chapter 17.36. BES may withhold issuance of any permit until applicable connection charges and review fees are paid in full. Multi-tiered permit fees may be applicable.
  2. A.  Access, Use and Encroachment Reviews and Permits. Sewer access, use and encroachment permit review fees will recover the cost of BES reviews including all applicable overhead and inspection charges. 
  3. B.  Connection Permits. Connection permit review fees will recover the cost of all City reviews including all applicable overhead charges for review and inspection. Overhead rates are set annually by the Director.
  4. C.  Public Works Permits. Public works permit review fees recover the true costs of engineering and superintendence services in connection with public sewer or drainage improvement projects based on City records of time, materials, services, overhead and indirect costs incurred to provide the services. Public works permit and review fees recover the costs for all projects completing work whether performed by contract in the name of the City, by private contract between a permittee and a contractor, or directly by the permittee.
  5. D.  All fees must be paid prior to receiving a permit and commencing work.
  6. E.  BES may withhold a portion of permit fees and charges to cover costs associated with opening and reviewing a permit. Canceled connection, use, encroachment, proximity review and standard public works permits are generally not eligible for refund unless meeting the criteria set by the Director. Complex public works permits are eligible for refund of the applicable portions of the public works permit deposit not already spent on City design or review services.

17.32.120 Reimbursements for Work.

  1. A.  Backflow Device Reimbursement. A property owner may submit an application for partial reimbursement of the cost for installation of a sewer backflow device on a combined sewer line. To be eligible, the building or structure must be connected to the City combined sewer system and be in an area vulnerable to sewer backups, as determined by the BES Chief Engineer. All backflow devices installed pursuant to this Section will be owned by the building owner, who must assume the costs of maintenance, repair and replacement.
    1. 1.  Backflow devices must be installed per Title 25, Plumbing Regulations.
    2. 2.  As of July 1, 1996, if the reimbursement is approved, the building owner must pay the first $100 of the cost of such installation, and the City pays the next $1,500 of such costs. The building owner must pay any amount in excess of $1,600. Payment to the property owner of the City’s share of the expense is made upon the Bureau of Development Services’ final inspection and the owner’s submittal of the plumber’s billing for the work.
    3. 3.  City participation in the cost of installation does not guarantee or in any manner warrant any backflow device, nor does the City give any warranty that the device will prevent future flooding. The City does not assume any responsibility for damages incurred as a result of flooding subsequent to installation of any backflow device. The owner may look to a warranty or guarantee from the manufacturer of the backflow device or the installation contractor. 
  2. B.  Sewer and Drainage System Extensions.
    1. 1.  Payment for Extension. When a City sewer or drainage improvement is extended past or to properties, all property owners benefiting from the extension will be assessed a share of the anticipated cost of the extension based on either Local Improvement Districts as described in Chapter 17.08; or other charges as specified in Section 17.36.040.
    2. 2.  Reimbursement for Extension. The property owner or developer paying for a sewer or drainage system extension that will serve unserved properties will be reimbursed by the City for part of the cost of such extension: 
      1. a.  The amount of reimbursement for a sewer extension is limited to the amount of revenue that would be received from the line and branch charge established in Section 17.36.040 if, upon acceptance of the sewer by the City, all properties adjacent to and capable of receiving gravity service were to connect. The reimbursement will not exceed the cost of an equal length of 8-inch-diameter sewer line, as determined by the BES Chief Engineer.
      2. b.  The amount of reimbursement for a drainage improvement extension is limited to the cost to manage the drainage basin area drained to new facilities that will be accepted by the City for long term maintenance.
      3. c.  The reimbursement for any project will not exceed 50 percent of the amount budgeted by the City in any fiscal year, unless otherwise approved by the Director.  The total reimbursement in any fiscal year must not exceed the amount budgeted for that purpose in that year; however funds may be committed against the next year’s budgeted amount.

17.32.130 Inspections.

  1. A.  Right of Entry. To the extent permitted by law, BES may enter all private and public premises at any time for the purpose of inspecting for potential violations, connections or for any other lawful purpose. This authorization includes but is not limited to inspection surveying, sampling, testing, photographic documentation, record examination, copying, and installation of devices. Entry may not be conditioned upon BES representatives signing any type of confirmation, release, consent, acknowledgement, or agreement. 
  2. B.  Entry Protocols.
    1. 1.  The BES representative will present a City photo identification card at the time of entry.
    2. 2.  The BES representative will comply with reasonable, routine safety and sanitary requirements of the facility or site as provided by the facility operator at the time of entry. The facility operator must provide the BES representative with any facility-specific safety protective equipment necessary for entry.

17.32.140 Enforcement.

  1. A.  Violations. It is a violation for any person 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 will hold the person or persons 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 obtain a permit for actions in Section 17.32.030, including failure to supply correct application materials;
    2. 2.  Failure to comply with the conditions of a permit;
    3. 3.  Failure to comply with the conditions of or prohibited access to a public sewer or drainage easement;
    4. 4.  Failure to comply with a written directive or timeline of the Director made under authority of this Chapter;
    5. 5.  Damage to or modification of a public sewer or drainage improvement; and
    6. 6.  Failure to comply with enforcement actions as identified in the BES Enforcement Program administrative rules (PPD item ENB-4.15).
  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 permits, withholding of final inspection, violation 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. Persons 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 Director may recover 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 Director may recover from the person causing the violation all costs incurred by the City to summarily abate 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 PCC or associated rules.
  6. F.  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.

17.32.150 Administrative Reviews, Appeals, and Compliance Cases.

(Amended by Ordinances 186902 and 189750, effective November 29, 2019.)

  1. A.  Reviews and Appeals. A person may request a modification to a BES decision related to this Chapter via an administrative review with BES staff, unless administrative review is limited by administrative rule. After the requestor has exhausted all BES administrative review, the requestor may file for an appeal with the Code Hearings Officer per PCC Title 22, unless appeal is limited by administrative rule.
  2. B.  BES Code Compliance Cases. BES may file a case before the Code Hearings Officer under PCC Title 22 to compel compliance with City regulations. The person committing the violation will be offered the opportunity to present evidence.

17.32.160 Conflict.

  1. This Chapter supersedes all ordinances or elements thereof to the extent that they are inconsistent with or conflict with any part of this Chapter.

17.32.170 Severability.

  1. If any provision, paragraph, word, or Section of this Chapter or associated administrative rules is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections shall not be affected and shall continue in full force and effect.

Chapter 17.33 Required Public Sewer Connection

(Chapter replaced by Ordinance 183397, effective January 8, 2010.)

17.33.005 Intent.

  1. A.  The intent of this Chapter is to:
    1. 1.   Facilitate timely connection of individual properties to the public sewer system when a public sanitary sewer is available;
    2. 2.  Facilitate the conversion of nonconforming private sewer systems to individual property connections along the route of service approved by the City; and
    3. 3.  Provide for financial assistance to property owners required to make a new sewer connection. 
  2. B.  The Bureau of Environmental Services (BES) shall identify the most appropriate means to construct public sewer improvements to facilitate sanitary sewer connections along approved routes of service based on factors that protect public health and safety, and minimize the financial impacts on the City’s sanitary sewer utility and utility ratepayers. BES shall establish the criteria used to make system improvement decisions in administrative rules.  Unless otherwise established, BES is responsible for administering the provisions of this Chapter.

17.33.010 Administrative Rules and Procedures.

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

17.33.020 Definitions.

(Amended by Ordinances 185397, 186902 and 189750, effective November 29, 2019.)

  1. For the purpose of this Chapter, the following definitions and applicable definitions of Section 17.32.020 will apply:
  2. A.  “Available Public Sewer” means a public sewer that is within 100 feet or one-half block, whichever is less, of property to be served, without crossing another property to make the new connection, or such other conditions of availability as are established by administrative rule.  In cases of onsite conveyance or disposal system failure, sewer shall be deemed available if within 300 feet.
  3. B.  “Branch Sewer” means the public portion of the horizontal piping system that connect from the plumbing system of a building or buildings to a public sewer.
  4. C.  “Common Private Sewer System (also called Party Sewer)” means that portion of a building sewer that:
    1. 1.  Is not owned by the City of Portland;
    2. 2.  Is used for draining more than one building under different ownership; and
    3. 3.  Conveys the discharge to a sewer service lateral, public sewer, private sewage disposal system, or other point of disposal.
  5. Common private sewers are found on private property and in private and public rights-of-way, including easements.
  6. D.  “Connection” means the connection of all sanitary waste and drainage disposal lines from all development on a property to the public sewer and drainage system.
  7. E.  “Director” means the Director of the Bureau of Environmental Services or the Director’s designee.
  8. F.  “Immediately Available Public Sewer” means a public sewer to which a property can connect without further extension of the public system.
  9. G.  “Owner-Occupant” means an owner who uses the property as their primary residence. The individual who has the responsibility for assessments and is occupying the property will be considered the owner-occupant regardless of who holds the deed to the property. An owner who lived at the property before moving to a nursing home or similar facility is considered to be residing at the property if the property is not producing income.
  10. H.  “Nonconforming Sewer” means a private sanitary sewer that is:
    1. 1.  Not on the same public or private property as the structure or structures being served by the sewer; and
    2. 2.  Not located within a recorded sewer easement or subject to a recorded covenant for easement regarding use of the sewer and meeting the standards for easements specified in administrative rules.
  11. I.  “Onsite Sewage Disposal System” means a cesspool or the combination of a septic tank or other treatment unit and effluent sewer and absorption improvement.
  12. See Figure 13 at the end of this Title for graphical representation of these definitions.

17.33.030 Sewer Connection Mandated.

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

  1. A.  Applicability.  Properties having development that generates or may generate sanitary waste must decommission onsite sewage disposal systems and connect to the public sewer when:
    1. 1.  The development is not completely connected to a public sewer system;
    2. 2.  A public sewer is immediately available without the need for further sewer extension; and
    3. 3.  A sewer branch has been provided to curb closest to the property line or property line.
  2. B.  Timing.  Properties that meet these criteria must be connected to a public sewer within three years of when notice being sent to the property owner or legal title holder of the immediate availability of the public sewer system, the requirement to connect, and the time limit for connection.  Four additional notices of the connection requirement will be sent at least 360, 180, 90 and 30 days prior to the date of the connection deadline.
  3. C.  Location.  All connections shall be made along a route of service approved by the Director.
  4. D.   Any construction for which a building permit is required under the terms of Title 24 of this Code and which meets the requirements of Subsection A. above, shall connect to the public sewer system prior to the issuance of a final inspection report or Certificate of Occupancy by the authorized City agency.
  5. E.  Proof of the sewer connection shall be by documents of the City, by proof provided by the property owner, or development of physical evidence or inspection.  The sufficiency or adequacy of any proof presented shall be left to the sole discretion of the Director.
  6. F.   Three (3) years from notification of the requirement to connect, a property that has not connected becomes connection delinquent and is subject to proceedings to compel connection to the public sewer system.
  7. G.  When property subject to the requirement imposed by this Section is sold and has less than 180 days remaining in the three-year connection period referred to above is sold, the new owner may enter into an agreement with the City to extend the time to connect to the public sewer system for 180 days from the date of the sale of the property.  In the event a new owner elects to enter into an agreement, said election shall constitute a waiver of the right to the administrative review provided for in Section 17.33.100.  As used herein, the term “sale” includes every disposition or transfer including the transfer of equitable title or legal title to real property.

17.33.040 Mandated Sewer Service Connection Charges.

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

  1. A property owner must pay or finance sanitary sewer system development charge and, if not previously assessed, sewer line and branch charges collectively known as sewer connection charges described in Chapter 17.36 prior to the issuance of sewer connection permits.  Property owners may elect to pre-pay sewer connection charges no more than 5 years before availability of public sewer.
  2. Only one agreement per property may be entered into under the terms of this subsection.  As used herein, the term “sale” includes every disposition or transfer including the transfer of equitable title or legal title to real property.

17.33.050 Converting Nonconforming Sanitary Sewer Connections.

(Amended by Ordinance 185694, effective November 23, 2012.)

  1. A.  Applicability.  A property using a nonconforming sewer must convert to a conforming sewer connection when a public sewer is available. The new connection must be made along a route of service approved by the Director.  In addition, when a public sewer is extended into an area, the City may request that property owners in the area who are not required to connect nevertheless, volunteer to participate in the Nonconforming Sewer Conversion Program regardless of their distance from the new sewer.
  2. B.  Exemption.  The Director may exempt properties with nonconforming sewer connections from the requirement to convert to a conforming sewer connection if:
    1. 1.  The Director determines that conversion of a nonconforming connection to a conforming connection would have detrimental effects on public health or safety or the environment; or
    2. 2.  Other circumstances exist justifying exemption as identified in BES administrative rules.
  3. C.  Timing.  The City requires property owners to convert or abandon a nonconforming sanitary sewer connection within 180 days of the date on the notice of sewer availability. All individual sewer connections shall be made in conformance with the Sewer and Drainage Facilities Design Manual.  The City will provide written notice to all affected property owners at 180, 90, and 30 days prior to the conversion deadline.  The Director may choose to delay enforcement of this deadline for a property where a connection would be unreasonably technically difficult, a public sewer is not immediately available or substantial financial hardship would result.

17.33.060 Required Sanitary Sewer Conversion Charges.

(Amended by Ordinance 185694, effective November 23, 2012.) 

  1. Property owners must pay the sanitary sewer conversion charges as required by Chapter 17.36 at the time the City provides a new sewer connection or when the property owner requests a permit for a new conforming sewer connection.  A property owner can elect to pay or finance conversion charges and connection costs as required in Chapter 17.36 and associated program administrative rules.  Council adopts sanitary sewer conversion charges annually as part of the BES rate ordinance.
  2. A.   Timing.  Property owners must pay or finance sewer conversion charges prior to the issuance of permits required by Chapter 17.32.  BES will assess sewer conversion charges based on the sewer conversion rates in effect at the time of connection.
  3. B.   Relationship to Special Assessments for Local Improvement Districts.  BES will apply the following conditions to the calculation of special assessments for local improvement districts organized for the purposes of this Section:
    1. 1.   The estimated special assessment roll will be limited to the amount of the sanitary sewer conversion charges as established in the annual BES rate ordinance.
    2. 2.   In the event that a benefited property owner paid or financed branch fees or sanitary sewer conversion charges prior to the preparation of the estimated special assessment roll as provided in this Section, BES will establish a zero assessment for the benefited property.
    3. 3.   BES will pay to the LID Construction Fund the difference between the final total costs of each local improvement district organized for the purposes of this Section, and the sum of estimated assessments that were established at the formation of the district. 
    4. 4.   To the greatest extent practicable BES will refund property assessments in the event that the total actual costs of the local improvement district are less than the sum of sanitary sewer conversion charges calculated for the benefited properties, taking into account the following:
      1. a.  BES will apportion the difference to each affected property in proportion to the property’s share of the sum of sanitary sewer conversion charges paid, financed or incorporated into the local improvement district special assessment roll.
      2. b.  The final assessment roll will reflect the apportionment based on the actual project costs.
      3. c.  Where a property owner paid or financed the sanitary sewer conversion charge prior to the notice of estimated assessment, BES will determine the most administratively efficient method to refund or credit the apportioned difference allocated to the property.  Any refund or credit will be provided to the current equitable title holder of the property at the time the Council adopts the final assessment roll for the local improvement district. 

17.33.070 Deferrals of Required Sewer Connections.

(Amended by Ordinance 185694, effective November 23, 2012.) 

  1. A deferral of the requirement to connect to a public sewer may not exceed five years, although it may be renewed based on a re-evaluation of eligibility, and it does not transfer with the sale or transfer of property.  The property remains subject to the requirements of this Chapter following termination of the connection deferral.  Eligibility criteria vary for the Mandatory Sewer Connection and the Nonconforming Sewer Conversion programs.  Deferral requests will be considered on the following, as described more fully in program administrative rules:
  2. A.  Mandatory Connection.  Deferrals may be granted for the following:
    1. 1.  Applicant-based criteria.  These include financial, medical or other hardship criteria related to the property owner; and
    2. 2.  Property-related criteria.  These are based on hardship conditions related to the property and the work required to complete the sewer connection. 
  3. B.  Nonconforming Sewer Conversion. The Director may defer conversion to conforming sewer connections according to criteria established in administrative rule.

17.33.075 Financial Assistance for Required Sewer Connection.

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

  1. The City shall provide financial assistance in the form of loans for both Mandated Sewer Connection and Nonconforming Sewer Conversion programs to eligible property owners based on administrative rules and procedures adopted by the Director.  The Director shall offer a variety of loan instruments to meet specific property owner needs.  Applicants may request financing assistance for the following costs:
  2. A.  Sewer connection work performed on private property to decommission existing onsite conveyance and disposal systems and make new approved sewer connections. 
  3. B.  Connection fees charged by the City as described in Section 17.36.040.

17.33.080 Declaration of Nuisance.

(Amended by Ordinance 186902, effective December 26, 2014.)

  1.  Any property not connected to a public sewer system as required by Section 17.33.030, Section 17.33.050, or Subsection 17.32.070 C. is hereby declared a nuisance and subject to abatement or correction as provided for in Section 17.33.100.  The Director is authorized to take steps necessary to abate such a nuisance, including abatement work in public rights-of-way or easements, authority to order remediation on private or public property, or to expend City funds to abate the nuisance.  The Director is further authorized to charge the responsible parties for all costs of the abatement effort.  The Director will establish the procedures and forms to be used to notify property owners about sewer system availability and connection delinquencies.  Costs of nuisance abatement may be assessed as a lien against property as provided in this Code.

17.33.090 Abatement by Owner.

(Amended by Ordinance 189750, effective November 29, 2019.) 

  1. The owner of a connection delinquent property shall have 20 business days from the date of the Notice to Remove Nuisance to file documentation of the removal or abatement of the nuisance or to file a written request for an administrative review of the bureau’s determination that a nuisance exists. Following notification of the administrative review and determination by the Director, the property owner may file a written request for an appeals hearing by the Code Hearings Officer as set forth in Title 22 of this Code, unless appeal is limited by administrative rule.

17.33.100 Connection Enforcement.

(Amended by Ordinances 185397, 186902 and 189750, effective November 29, 2019.)

  1. A.  The City shall attempt to resolve issues with affected property owners within BES to the extent possible.  The following enforcement steps shall be used:
    1. 1.  Administrative Review.  A property owner who receives a Notice to Remove Nuisance for a property that the City suspects is not connected to a public sewer system as required by Section 17.33.030, 17.33.050, or Subsection 17.32.070 C. of the City Code may requires an administrative review with BES staff to give the requestor the opportunity to present evidence that a nuisance does not exist and to determine if agreement can be reached concerning the timing and actions to achieve a conforming connection to the public sewer.  An effected property owner may request a modification of a BES decision related to this Chapter via an administrative review, unless administrative review is limited by administrative rule.  If an affected property owner does not pursue an administrative review within the time frame set by Section 17.33.090 of the City Code, BES shall issue its final determination setting forth the requirements and deadline to connect and finance or pay for fees.  Failure of the property owner to meet this deadline shall be deemed a violation of this Chapter.
    2. 2.  Final Determination.  The BES final determination shall be the substantive decision for City program code compliance proceedings before the City Code Hearings Officer pursuant to Title 22 of the City Code.  BES shall submit information addressing the following facts:
      1. a.  The subject property has one or more on-site structures with plumbing facilities that require sanitary waste disposal pursuant to State Plumbing Code or related City Code.
      2. b.  The subject property is not fully connected or has a nonconforming connection to the City sewer system.
      3. c.  The subject property has direct access via an intended route of service to a branch, or other component of the City sewer system abutting a property line or a permanent easement acquired for the benefit of the property.
    3. d.  The deadlines described in the sewer availability notice, notice of connection deferral and/or the Notice to Remove Nuisance have expired without full compliance with the sewer connection requirement.
    4. e.  The property owner does not have a current sewer connection deferral.
  2. B.  If the nuisance described in the notice has not been removed or information is not provided establishing that such nuisance does not exist, the City may apply for an order authorizing the City to access private or public property to abate the nuisance.  The order will include the terms and requirements for abatement by the Code Hearings Officer. The Code Hearings Officer has discretion to modify connection dates, required actions by property owners, and types and timing of City abatement activities.
    1. 1.  The City will maintain an accurate record of all expenses incurred, including an overhead charge of 26 percent, an administration fee for each occurrence as specified in the administrative rules, sewer user charges and permit fees, which shall be assessed as a lien on the property in accordance with the provisions of Chapter 22.06.
    2. 2.  It is unlawful for any person to attempt to obstruct, impede, or interfere with any officer, employee, contractor, agent, or authorized representative of the City whenever they are engaged in the work of connecting a property to the public sewer or removing or abandoning an existing sewage disposal system under an abatement order of the Code Hearings Officer.
    3. 3.  Neither the City nor any of its officers, employees, contractors, agents, or authorized representatives are liable for any damage to the real property, improvements or personal property due to the non-negligent enforcement or administration of this Chapter.
  3. C.  Except as provided elsewhere in this Title or when the public welfare is endangered; BES may at its discretion withhold any service that is provided by BES from the owner(s) (or the owner’s agent) of connection delinquent property.  This may include but is not limited to refusal to accept application for permits for development on property of the said owner(s) other than the connection delinquent property.  Withholding of other services may continue until the connection delinquency has been corrected.
  4. D.  The City may seek, in any court of competent jurisdiction, a judgment against the person or property failing to connect to a sewer in accordance with the provisions of this Chapter.  In any such action, the measure of damages shall be the costs for abatement by the City, administrative costs, permit fees, overhead costs, penalties, and connection charges as determined by the Director or Code Hearings Officer.

17.33.110 Actions before the City Code Hearings Officer.

(Amended by Ordinances 185694, 186902 and 189750, effective November 29, 2019.)

  1. A.  Code Compliance Hearings.  Any property owner who fails to comply with this Chapter or the Mandatory Sewer Connection or the Nonconforming Sewer Conversion Programs administrative rules (ENB-4.18 and ENB-4.27, respectively) may be summoned to code compliance hearing before the City Code Hearings Officer per Title 22.  The Code Hearings Officer is authorized to order compliance with City sewer connection regulations, including site entry to physically connect sewer systems.
  2. B.  Property Owner-Initiated Appeals.  A property owner may initiate an appeal to the Code Hearings Officer after exhausting administrative review of any BES decision related to this Chapter that is subject to administrative review. Availability of administrative review by BES and appeal to the Code Hearing Officer may be limited by administrative rule.

17.33.130 Notice Sufficiency.

  1. For purposes of this Chapter, notice shall be deemed to have been received upon the mailing of said notice by first class mail or upon delivery of the notice in person.  An error in the name of the owner or agent of the owner or the use of a name other than that of the true owner or agent for the property shall not render the notice void.

17.33.150 Severability.

  1. The provisions of this Chapter are severable, and it is the intention to confer the whole or any part of the powers herein provided for. If any word, definition, clause, section or provision of this Chapter shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of this Chapter shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. In the event a definition is held to be invalid or is severed, the defined word or term shall be deemed to have the meaning given to that word or term under Oregon law if Oregon law contains such a definition. If there is no established definition of the word or term under Oregon law, the word or term shall have its ordinary dictionary meaning. It is hereby declared to be the Council’s express legislative intent that this Chapter would have been adopted had such an unconstitutional or otherwise invalid provision not been included herein.

Chapter 17.34 Sanitary Discharges

(Chapter added by Ordinance 153801; amended by Ordinances 163816 and 180037, effective April 28, 2006.)

17.34.005 Intent of Chapter.

(Added by Ordinance 180037, effective April 28, 2006.) 

  1. It is the intent of the City to provide needed sewer service to all users while meeting the outlined objectives.  This Chapter provides the structure under which the service will be provided for industrial wastewater dischargers so that the system is protected and can continue to provide efficiently for the wastewater treatment needs of the City.  This chapter describes a group of regulations that applies to all sanitary discharges, including those regulated under BES Pre-treatment and City discharge authorization programs.  This chapter applies to all separate sanitary and combined sewer systems, which are both considered sanitary sewers for the purposes of this chapter.

17.34.010 Declaration of Policy.

(Amended by Ordinances 172879, 180037 and 185397, effective July 6, 2012.) 

  1. It is the policy of the Bureau of Environmental Services (BES) to provide the planning, engineering and administration necessary to develop and manage sewer facilities that are adequate for the conveyance, treatment and disposal of waste water from within the City and to operate the sewer system in such a manner which protects public health and the environment.  In carrying out this policy, the objectives of this Chapter are:
  2. A.  to prevent pollutants from entering the sewer system which will interfere with its normal operation or contaminate the resulting sludge;
  3. B.  to prevent the introduction of pollutants into the sewer system which will not be adequately treated and will pass through into the environment;
  4. C.  to improve the opportunity for recycling and reclamation of wastewater and sludge;
  5. D.  to insure protection of worker safety and health;
  6. E.  to insure that all dischargers comply with applicable federal, state and local laws and regulations governing wastewater discharges and that sanctions for failure to comply are imposed.

17.34.020 Definitions.

(Replaced by Ordinance 185397; amended by Ordinances 185870, 186403 and 186902, effective December 26, 2014.)

  1. As used in this Chapter and associated rules the following definitions apply:
  2. A.  “Branch Sewer” means the public portion of the underground piping system that connects from the plumbing system of a building or buildings to a public sewer.
  3. B.  “Categorical Pretreatment Standards” mean limitations on pollutant discharges to POTWs from specific types of new or existing industrial users. These standards are promulgated by the EPA in accordance with Sections 307 (b) and (c) of the Clean Water Act. This term includes prohibitive limitations established pursuant to 40 CFR 403.5
  4. C.  “Clean Water Act (CWA)” means the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.).
  5. D.  “Combined Sewer” means a  sewer designed to convey both sanitary sewage and stormwater.
  6. E.  “Director” means the Director of The Bureau of Environmental Services or the Director’s designee.
  7. F.  “Discharge” means any disposal, injection, dumping, spilling, pumping, emitting, emptying, leaching, leaking, or placing of any material so that such material enters or is likely to enter a waterbody, groundwater, or a public sewer or drainage system.
  8. G.  “Discharge Authorization (DA)” means a written approval by the Director which prescribes certain requirements or restrictions for a discharge to the City sewer and drainage system.
  9. H.  “Discharger” means any person who causes or permits a direct or indirect discharge to the City’s sewer and drainage system.
  10. I.  “Domestic Waste” means any waste consistent with that generated from single or multiple residential dwellings including, but not limited to, wastes from bathrooms, laundries and kitchens.
  11. J.  “Domestic Wastewater” means any water that contains only domestic waste.
  12. K.  “Hazardous Substance” means any substances referenced in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S. Code §9601 et seq.), section 502(13) of the Clean Water Act or other substance at concentrations specified in those lists or, if no concentration is specified, at concentrations designated by the Director. 
  13. L.  “Industrial User” means any person who discharges industrial or commercial wastewater to the City sewer system.
  14. M.  “Industrial Wastewater” means any discharge resulting from, or used in connection with, any process of industry, manufacturing, commercial food processing, business, agriculture, trade or research. Industrial wastewater includes, but is not limited to, the development, recovery or processing of natural resources and leachate from landfills or other disposal sites.
  15. N.  “Industrial Wastewater Discharge Permit” means a permit to discharge industrial wastewater into the City sewer system issued under Section 17.34.070 and which prescribes certain discharge requirements and limitations.
  16. O.  “Interference” means a discharge that alone or in conjunction with other discharges, inhibits or disrupts the normal operation of the City sewer system or contributes to a violation of any requirement of the POTW’s NPDES permit. This includes any increase in the magnitude or duration of a violation, any increase in cost due to damage to the system, additional treatment of sewage, sewage sludge use or disposal, or in compliance with local, state or federal regulations or permits related to sewage treatment and sludge disposal.
  17. P.  “National Pollutant Discharge Elimination System (NPDES)” means the Clean Water Act (40 CFR Part 122) regulations that require dischargers to control and reduce pollutants in discharges to waters of the United States
  18. Q.  “Pollutant” means an elemental or physical material that can be mobilized or dissolved by water or air and that could create a negative impact to human health, safety, or the environment.
  19. R.  “POTW” means Publicly Owned Treatment Works, which includes any devices and systems, owned by a State or municipality, used in the collection, transportation, storage, treatment, recycling and reclamation of wastewater.
  20. S.  “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater in accordance with federal, state and local laws, regulations and permits prior to or in lieu of discharging or otherwise introducing such pollutants into the City sewer system.
  21. T.  “Slugload” means any discharge that is non-routine or episodic and that has a reasonable potential to cause interference, pass-through, or violation of applicable local, state or federal regulations, including City local limits or conditions of the City’s NPDES permit.  Slugloads include but are not limited to accidental spills and non-customary batch discharges.
  22. U.  “Toxic Substance” means any chemical listed in Oregon’s water quality standards for toxic pollutant tables in OAR, Division 340-041-0033; the CWA effluent guidelines list of toxic pollutants at 40 CFR 401.15; or the toxic chemical release reporting specific toxic chemical listings at 40 CFR 372.65 at concentrations specified in those lists or, if no concentration is specified, at concentrations designated by the Director.
  23. V.  “Upset” means an exceptional incident in which a discharger temporarily is in a state of noncompliance with the applicable categorical pretreatment standards of this Chapter or associated rules. Upset must be due to factors beyond the reasonable control of the discharger and not caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation of treatment facilities.
  24. W.  “Wastewater” means any non-domestic sewage flows including but not limited to washwaters, industrial wastewater, commercial discharges, and other nonstormwater discharges.

17.34.030 General Discharge Prohibitions.

(Amended by Ordinances 172879, 180037 and 185397, effective July 6, 2012.)

  1. A.  It is unlawful to discharge industrial wastewater into the City sewer system except in compliance with this Chapter and rules adopted hereunder.
  2. B.  Prohibited discharges. It is unlawful to discharge, cause to discharge, or allow to discharge directly or indirectly into the City sewer system any substance, alone or in combination with others, that may inhibit, interfere with, injure, harm, damage, create a hazard to or impair the performance of the City’s conveyance, collection or treatment processes and systems. Prohibited discharges also include those that create or could create a nuisance or a threat to human health or the environment or that:
    1. 1.  Contains substances that are not amenable to treatment or reduction by the sewage treatment process employed or are only partially amenable to treatment;
    2. 2.  Contain liquids, solids, or gases which, either alone or by interaction, may cause a fire or an explosion or injure the sewer system or wastestreams;
    3. 3.  Have a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using test methods prescribed at 40 CFR 261.21 or could cause the atmosphere in any portion of the sewer system to reach a concentration of 10 percent or more of the Lower Explosive Limit (LEL);
    4. 4.  Contain solids or viscous substances which may solidify or become discernibly viscous at temperatures above 0 degrees Celsius (32 degrees Fahrenheit) or are capable of obstructing the flow of wastewater or cause other interference with the operation of the sewer system;
    5. 5.  Contain noxious, malodorous or toxic liquids, gases, vapors, fumes, or solids, in amounts that may violate the general prohibitions of Subsection 17.34.030 B.;
    6. 6.  Contains hazardous or toxic substances, either alone or in combination with other substances may adversely affect receiving waters or in amounts that may violate the general prohibitions of Subsection 17.34.030 B.;
    7. 7.  Have a pH of less than 5.0 or more than 11.5 without prior approval by the Director;
    8. 8.  Are hotter than 65 degrees Celsius (149 degrees Fahrenheit) or are hot enough to inhibit biological activity or cause the temperature of the treatment plant influent to exceed 27 degrees Celsius (80 degrees Fahrenheit);
    9. 9.  Contain material trucked or hauled from a cesspool, holding or septic tank or any other nondomestic source, except such material received at designated locations under City contract or permit;
    10. 10.  Contain any material other than domestic waste larger than 0.65 centimeters (1/4 inch) in any dimension;
    11. 11.  Contain dissolved solids may violate the general prohibition of Subsection 17.34.030 B.;
    12. 12.  Contain excessive color which is not removed in the treatment process;
    13. 13.  Contain radioactive material, except in compliance with a current permit issued by the Oregon State Health Division or other state or federal agency having jurisdiction;
    14. 14.  Contain petroleum oil, non-biodegradeable cutting oil, or products of mineral oil origin in amounts that may cause interference or pass through;
    15. 15.  Contain non-contact cooling water without prior approval by the Director;
    16. 16.  May cause sewer system effluent or treatment residues, sludges, or scums to be unsuitable for reclamation and reuse;
    17. 17.  Constitute a slugload per administrative rule;
    18. 18.  Constitute a batch discharges without written permission from the Director;
    19. 19.  Exceeds discharge limits adopted in permits or administrative rules;
    20. 20.  May cause the City to violate the terms of its NPDES permit; or
    21. 21.  May cause the City to violate sludge use or disposal criteria, treatment guidelines, or other applicable regulations developed under the Clean Water Act (33 USC 1251-1387), the Solid Waste Disposal Act (42 USC 6901-6992k), the Clean Air Act (42 USC 7401 -7671q), the Toxic Substances Control Act (15 USC 2601-2692), or any other federal or state statutes.
  3. C.  A discharge or flow resulting from and emergency situation such as a water line break or fire fighting by the Fire Department shall not be prohibited from discharging to the sewer during the period of the emergency.  Any repairs made after the period of emergency has ceased will comply with all regulations of this Code.

17.34.040 Discharge Limitations.

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

  1. A.  It is unlawful for a discharger to discharge wastes or wastewater to the City sewer system in excess of limitations established in an industrial wastewater discharge permit or in violation of the prohibited discharges in Section 17.34.030.  The Director of Environmental Services shall establish specific discharge limitations under separate rules to meet the objectives of this Chapter.
  2. B.  It is unlawful for a discharger to use dilution as a partial or complete substitute for adequate treatment to achieve compliance with the standards and limitations set forth in this Chapter, administrative rules, or in an industrial wastewater discharge permit issued pursuant to the Chapter.  The Director may impose mass limitations on dischargers who are using dilution to meet the applicable pretreatment standards or requirements of this Chapter, administrative rules or in other cases where the Director determines that the imposition of mass limitations is appropriate.
  3. C.  The Director may authorize the use of equivalent concentration limits in lieu of mass limits for certain industrial categories, and allow the conditional use of equivalent mass limit in lieu of concentration-based limits where appropriate.
  4. D.  Termination or limitation.  Notwithstanding prior acceptance into the City sewer system of industrial wastewater, if the Director finds that industrial wastewater from a particular commercial or industrial occupancy or a class of similar occupancies cause or may cause damage, interference, hazard or nuisance to the City sewer system, City personnel or the receiving waters, the Director may limit the characteristics or volume of the industrial wastewater accepted or may terminate acceptance.  Notice of the limitation or termination shall be given in writing to the occupant of the property or posted on the property involved, and shall specify the date when the limitation or termination is to be effective.  It is unlawful for any person to discharge or permit the discharge of industrial wastewater in violation of this notice.

17.34.050 Pretreatment and Pollution Control Required.

(Amended by Ordinances 185397, 186902 and 189506, effective June 21, 2019.)

  1. A.  The Director may require dischargers to install treatment facilities or make structural modifications to their facilities or equipment, or make operation changes, process modifications, or take other measures to protect the City sewer system, to comply with requirements of this Chapter or any applicable state or federal requirements.  The Director may require that such actions be taken within the shortest reasonable time.  Compliance deadlines will be based on construction time and the confirmed or potential impact of the untreated industrial wastewater on the City sewer system.  Such structures and site modifications must be reviewed and approved by the Director to determine sufficiency.
  2. B.  Any requirement of this Chapter may be incorporated as a part of an industrial wastewater discharge permit issued under Section 17.34.070 or any other enforcement document and made a condition of issuance of such permit or discharge authorization for the industrial wastewater from such facility.
  3. C.  Plans, specifications and other information relating to the construction or installation of required pretreatment facilities and source control measures must be submitted to the Director.  A permit or permit review may be required.  No construction or installation may commence until written approval of plans and specifications by the Director is obtained.  No person, by virtue of such approval, will be relieved of compliance with other local, state or federal laws relating to construction and permits.  Every facility must be constructed in accordance with the approved plans and specifications and installed and maintained at the expense of the discharger.

17.34.060 Accidental Spill Prevention and Control.

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

  1. A.  Notification. Any person becoming aware of spills or uncontrolled discharges of hazardous or toxic substances or of substances prohibited under Section 17.34.030 directly or indirectly into the City sewer system must immediately report such discharge by telephone to the Director and to any other authorities required under other local, state, or federal laws or regulations.
  2. B.   Written notice. Within 5 days following an accidental discharge as described in Subsection A. above, the discharger shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. Such notification will not relieve the discharger from any fines, civil penalties, or other liability which may be imposed under the authority of this Chapter or rules adopted hereunder or other applicable law.
  3. C.  Posted notice.  A notice informing employees of an industrial wastewater discharger of the notification requirement above which contains information regarding reporting in the event of such a discharge shall be posted in a conspicuous place and shall be visible to all employees who may reasonably be expected to observe such a discharge. 
  4. D.  Preventive measures. Direct or indirect connections or entry points which could allow spills or uncontrolled discharges of hazardous or toxic substances or of substances prohibited under Section 17.34.030 to enter the City sewer system must be eliminated or labeled and controlled so as to prevent the entry of wastes in violation of this Chapter. The Director may require the discharger to install or modify equipment or make other changes necessary to prevent such discharges as a condition of issuance of an industrial wastewater discharge permit or as a condition of discharge authorization to the City sewer system. A schedule of compliance shall be established by the Director for completion of required actions within the shortest reasonable period of time. Inability to comply with this schedule without an extension of time by the Director is a violation of this Chapter.
  5. E.  Accidental Spill Prevention Plans.
    1. 1.  Dischargers that handle, store or use hazardous or toxic substances or substances prohibited under Section 17.34.030 on their sites shall prepare and submit to the Director an Accidental Spill Prevention Plan, according to the requirements set out in administrative rule, within 60 days after notification by the Director or as required by an industrial wastewater discharge permit.

17.34.070 Industrial Wastewater Discharge Permits.

(Amended by Ordinances 165068, 172879, 185397, 189506 and 189750, effective November 29, 2019.)

  1. A.  Requirement for a permit.  Except as provided in Subsection 17.34.070 B. an industrial wastewater discharger must have an industrial wastewater discharge permit prior to discharging into the City sewer system if:
    1. 1.  The discharge is required to be permitted under procedures contained in the City’s approved pretreatment program; or
    2. 2.  The discharger is a Significant Industrial User, which includes:
      1. a.  All industrial users subject to Categorical Pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
      2. b.  Any other industrial user that:
        1. (1)  Discharges an average of at least 25,000 gallons per day or more of process wastewater to the POTW (excluding domestic, noncontact cooling and boiler blowdown wastewater);
        2. (2)  Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
        3. (3)  Is designated as such by the Director on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8(f)(6),
    3. 3.  The Director may determine that an industrial user meeting the criteria above is not a “Significant Industrial User” if the discharge has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8(f)(6).
  2. B.  Existing discharges.
    1. 1.  If discharges occur prior to the date that an industrial wastewater discharge permit is required, the discharger shall be notified in writing by the Director that such a permit is required.  Such existing dischargers shall be allowed to continue discharging into the City sewer system without an industrial wastewater discharge permit until a permit is issued or denied, provided the discharger files a completed environmental survey and application for an industrial wastewater discharge permit within 90 days of receipt of the notice.
    2. 2.  Discharges that require an industrial wastewater discharge permit and are allowed to continue discharging without such a permit under Subsection 17.34.070 B.1. shall comply with the requirements of this Chapter and rules adopted hereunder.
  3. C.  Application for industrial wastewater discharge permit.
    1. 1.  Existing Significant Industrial Users, shall submit application for a permit on a form provided by the Director within 180 days after the effective date of a categorical pretreatment standard issued by the U.S. EPA or within 90 days after receiving notification from the Director that such a standard has been issued, whichever is sooner.
    2. 2.  New Source Dischargers.  Any new source discharger determined by the Director to be a Significant Industrial User shall submit an application for a permit on a form provided by the Director within 90 days of notification by the Director. However, a new source discharger may not discharge to the sewer system without a permit.
    3. 3.  Submission of the application for permit required by this Section will satisfy the requirements of 40 CFR 403.12(b).
    4. 4.  The application for permit shall not be considered complete until all information required by the application form, requirements of this Chapter, or by administrative is provided.  All fees must be paid and the certification statement required by 40 CFR 403.12(b)(6) signed by the authorized representative.  The Director may grant specific exemptions for these items.
  4. D.  Issuance of industrial wastewater discharge permits.
    1. 1.  Industrial wastewater discharge permits shall be issued or denied by the Director within 90 days after a completed application is received, unless that period is extended in writing by the Director for good and valid cause.
    2. 2.  Industrial wastewater discharge permits shall contain conditions which meet the requirements of this Chapter, administrative rules and applicable state and federal laws and regulations.
    3. 3.  If pretreatment facilities are needed to meet the applicable pretreatment standards or requirements in an industrial wastewater discharge permit, the permit shall require the installation of such facilities on a compliance schedule.
    4. 4.  Whenever an industrial wastewater discharge permit requires installation or modification of pretreatment facilities or a process change necessary to meet discharge standards or spill control requirements, a compliance schedule shall be included which establishes the date for installation of the pretreatment facilities or process changes.  The compliance schedule may contain appropriate interim dates for completion of specified tasks.  Compliance dates established in a permit cannot exceed federal categorical deadline dates.
    5. 5.  Industrial wastewater discharge permits shall expire no later than 5 years after the effective date of the permit and shall not be transferable except with prior notification and approval from the Director.
    6. 6.  The Director may deny the issuance of an industrial wastewater discharge permit if the discharge could result in violations of local, state or federal laws or regulations; cause interference or damage to any portion of the City sewer system; or create an imminent or potential hazard to human health or the environment.
  5. E.  Modification of permits.
    1. 1.  An industrial wastewater discharge permit may be modified for good and valid cause at the written request of the permittee or at the discretion of the Director.
    2. 2.  Permittee modification requests shall be submitted to the Director and shall contain a detailed description of all proposed changes in the discharge.  The Director may request any additional information needed to adequately review the application or assess its impact.
    3. 3.  The Director may deny a request for modification if they determine that the change will result in violations of local, State or federal laws or regulations, will cause interference or damage to any portion of the City sewer system, or will create an imminent or potential hazard to human health or the environment.
    4. 4.  If a permit modification is made at the direction of the Director, the permittee shall be notified in writing of the proposed modification at least 30 days prior to its effective date and informed of the reasons for the changes.
  6. F.  Change in a permitted discharge.  A modification to the permittee’s discharge permit must be issued by the Director before any significant increase is made in the volume or level of pollutants in an existing permitted discharge to the City sewer system.  Changes in the discharge involving the introduction of a wastewater not previously included in the industrial wastewater discharge permit application or involving the addition of new pollutants shall be considered new discharges, requiring application under Section 17.34.070.
  7. G.  Renewal of Permits.  A permittee shall apply for renewal of its industrial wastewater discharge permit at least 90 days prior to the expiration date of the existing permit.  Upon timely application for renewal, an existing permit will remain effective until the renewed permit is issued or denied.
  8. H.  Administrative review and appeal of permit or permit modification.  Upon receipt of an industrial wastewater discharge permit or permit modification, a permittee may request administrative review of any of its terms or conditions in accordance with provisions established in this Chapter and its associated administrative rules. After a permittee has exhausted BES administrative review,  a permittee may appeal any of the permit’s terms or conditions to the Code Hearings Officer in accordance with procedures set out at Chapter 22.10 of the Portland City Code.  Administrative review by BES and appeal to the Code Hearings Officer may be limited by administrative rule.

17.34.075 Other Sanitary Discharge Permits or Authorizations

(Added by Ordinance 180037, effective April 28, 2006.) 

  1. The City may require authorization for any discharge to the sanitary or combined sewer of materials that violate the discharge prohibitions listed in 17.34.030.
  2. A.   Authorization may take the form of a written authorization for an intermittent or ongoing discharge.  Authorization may also require the adherence to management practices to reduce pollutant releases associated with the authorized discharge
  3. B.  Dischargers may be required to provide:
    1. 1.  Evaluation of the proposed discharge, including: sampling, prior to being granted authorization to discharge. 
    2. 2.   Adequate information and access to the location or process creating the discharge, to allow the City to fully evaluate any pretreatment needs for authorizing the discharge. 
  4. C.   The City may require pretreatment for any discharge to the City’s sewer system, including but not limited to requirements specified in 17.34.050. 
  5. D.   Non-compliance with these requirements is subject to the enforcement steps specified in 17.34.110 and in the associated Sanitary System Discharge administrative rules.

17.34.080 Inspection and Sampling.

(Amended by Ordinance 185397 and 186192, effective September 6, 2013.)

  1. A. Inspection.
    1. 1. Right of Entry. To the extent permitted by law, BES may enter all private and public premises at any time for the purpose of inspecting for potential violations, connections or for any other lawful purpose. This authorization includes but is not limited to inspection, sampling, testing, photographic documentation, record examination, copying, and installation of devices. Entry may not be conditioned upon BES representatives signing any type of confirmation, release, consent, acknowledgement, or other type of agreement. The City may install on the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering operations. 
    2. 2. Entry Protocols.
      1. a. The BES representative will present a City photo identification card at the time of entry;
      2. b. The BES representative will comply with reasonable, routine safety and sanitary requirements of the facility or site as provided by the facility operator at the time of entry. The facility operator must provide the BES representative with any facility-specific safety protective equipment necessary for entry.
  2. B. Sampling.
    1. 1. Samples of wastewater being discharged into the sewer system must be representative of the discharge.  Other sampling locations may be required by permit.  All sampling and analyses shall be performed in accordance with the procedures set forth in 40 CFR Part 136 and any amendments thereto or with any other test procedures approved by EPA. If there are no approved test procedures the Director may approve other analytical procedures. The results of all samples taken shall be reported.
    2. 2. Samples taken by City personnel for the purpose of determining compliance with the requirements of this Chapter or administrative rule may be split with the discharger, or a duplicate sample provided in the instance of fats, oils and grease, if requested by the discharger before or at the time of sampling.
  3. C. Sampling manhole or access.  The Director may require an industrial wastewater discharger to install and maintain at the discharger’s expense a suitable monitoring access such as a manhole in the discharger’s branch sewer to allow observation, sampling and measurement of all industrial wastewaters being discharged into the City sewer system.  Any monitoring access must be constructed in accordance with plans approved by the Director and must be designed so that flow measuring and sampling equipment can be conveniently installed.  Access to the monitoring access must be available to City representatives at all times.

17.34.090 Reporting Requirements.

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

  1. A.  Periodic compliance reports.
    1. 1.  The Director may require reporting by industrial wastewater dischargers that are not required to have an industrial wastewater discharge permit if information or data is needed to establish a sewer charge, determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the sewer system.
    2. 2.  The Discharger must submit reports to the Director during the months of June and December, unless required on other dates or more frequently by the Director based on the nature of the effluent over the previous reporting period.
    3. 3.  The report must include a record of the mass and concentrations of the permit-limited pollutants that were measured. Reports shall include a record of all flow measurements taken at designated sampling locations. The Director may accept reports of average and maximum flows estimated by verifiable techniques if the Director determines that actual measurement is not feasible. Additional information shall be included as required by this Chapter or administrative rules.
    4. 4.  The Director may require self-monitoring by the discharger or, if requested by the discharger, may agree to have BES staff perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this Section.
  2. B.  Final Compliance Report. Any discharger subject to Subsection 17.34.090 A. must submit to the Director a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge and the average and maximum daily flow in gallons. The report must state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and pretreatment is necessary to bring the discharger into compliance. The discharger must submit reports.
    1. 1.  Within 90 days following the date for final compliance with applicable pretreatment standards and requirements set forth in this Chapter, administrative rule, or an industrial wastewater discharge permit; or
    2. 2.  If the discharger is a new source discharger, within 30 days following commencement of the introduction of wastewater into the City sewer system by the discharger.
  3. C.  The discharger shall certify and sign all applications, reports, and reporting information in accordance with 40 CFR 403.12.L and 403.6(a)2(ii);
  4. D.  Confidential information.
    1. 1.  Any records, reports or information obtained under this Chapter or administrative rule will be available to the public or any governmental agency without restriction, unless classified by the Director as confidential. In order to obtain a confidential classification on all or part of any records, reports or information submitted, the discharger must:
      1. a.  Submit a written request to the Director identifying the material that is desired to be classified as confidential and;
      2. b.  Demonstrate to the satisfaction of the Director that records, reports or information or particular parts thereof, are exempt from disclosure pursuant to the Oregon Public Records Law.
    2. 2.  Effluent data, as defined in 40 CFR 2.302, submitted pursuant to this Chapter shall not be classified as confidential.
    3. 3.  Records, reports or information or parts thereof classified as confidential by the Director will not be released or made part of any public record or hearing unless such release is ordered by the District Attorney or a court of competent jurisdiction; provided, however, such confidential information will, when required by law or governmental regulation, and upon written request, be made available to state or federal agencies having jurisdiction, duties or responsibilities relating to this Chapter, the National Pollutant Discharge Elimination System or applicable Oregon laws and regulations.
  5. F.  Notification of Hazardous or Toxic Substance Discharge. An industrial user shall notify the Director in writing of any discharge into the sewer system of a substance which, if otherwise disposed of, would be a hazardous waste or toxic substance. Such notification shall be in accordance with the requirements of rules adopted pursuant to this Chapter.
  6. G.  Notification of Violation. An industrial user shall report noncompliance with permit limits within 24 hours of becoming aware of the noncompliance. The industrial user shall repeat the sampling and analysis and submit results to the Director within 30 days of becoming aware of the violation.
  7. H.  Notification of Changed Discharge. All industrial users shall promptly notify the Director in advance of any substantial change in the volume or character of pollutants in their discharge.

17.34.110 Enforcement.

(Replaced by Ordinance 186192, effective September 6, 2013.) 

  1. A. Violations. It is a violation for any person 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 will hold the person or persons 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 obtain a permit when required for discharge, including failure to supply correct application materials;
    2. 2. Failure to comply with the conditions of a permit;
      1. a. Exceedances of discharge limits. Each pollutant discharge that exceeds a discharge limit is considered a separate violation;
      2. 3. Discharges prohibited by PCC Section 17.34.030;
      3. 4. Failure to comply with a written directive or timeline of the Director made under authority of this Chapter;
      4. 5. Failure to comply with enforcement actions as identified in the BES Enforcement Program administrative rules (PPD item ENB-4.15); and
      5. 6. Where a discharge causes interference or pass through, the discharger may have a valid affirmative defense if it is demonstrated that:
        1. a. The discharger did not know or have reason to know that the discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference; and
        2. b. The discharge was in compliance with properly developed local limits prior to and during the pass through or interference; or
        3. c. If a local limit designed to prevent pass through or interference has not been developed for the pollutants that caused the pass through or interference, the discharge:
          1. (1) Occurred prior to and during the pass through or interference; and
          2. (2) Did not change substantially in nature or constituents from prior discharge activity which was regularly in compliance with the requirements of this Chapter and associated rules.
  2. B. Significant Non-compliance. Any significant industrial user or any other discharger who violates the criteria described in 3, 4, 5 or 9 of this Subsection will be considered to be in significant non-compliance with this Chapter for one or more of the following:
    1. 1. Chronic violations of wastewater discharge limits. Chronic violations occur when at least 66 percent of all of the measurements taken during a 6-month period exceed any pretreatment standard for the same pollutant parameter.
    2. 2. Technical Review Criteria (TRC) violations. TRC violations occur when at least 33 percent of all of the measurements taken for the same pollutant parameter during a 6-month period equal or exceed the product of the pretreatment standard multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease; and 1.2 for all other pollutants except pH).
    3. 3. Any other violation of any pretreatment standard that the Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public).
    4. 4. Any discharge of a pollutant that has caused imminent danger to human health, welfare or to the environment.
    5. 5. Any discharge that requires the Director to use emergency authority to halt or prevent discharge.
    6. 6. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in an industrial wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.
    7. 7. Failure to provide, within 30 days after the due date, required reports such as applications, baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
    8. 8. Failure to accurately report noncompliance.
    9. 9. Any other violation or group of violations that the Director determines will adversely affect the operation or implementation of the local pretreatment program.
  3. C. 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 permits, violation 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).
  4. D. Civil Penalties. Dischargers 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). Failure to pay a civil penalty within 30 days following a final determination regarding the penalty is grounds for permit revocation or termination of the permittee’s discharge. Penalties and other charges will accrue interest from the date of initial City notice assessing the penalty until the penalty is paid in full.
  5. E. Cost Recovery. The Director may recover 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. Failure to pay costs related to a civil penalty or summary abatement within 30 days following a final determination is grounds for permit revocation or termination of the permittee’s discharge.
  6. F. City Summary Abatement. To the extent permitted by law, the Director may recover from the person causing the violation all costs incurred by the City to summarily abate 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 PCC or associated rules.
  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.
  8. H. Termination or prevention of a discharge or permit revocation.
    1. 1. The Director may terminate or prevent a discharge into the City sewer system or revoke an industrial wastewater discharge permit if:
      1. a. The discharge or threatened discharge presents or may present:
        1. (1) A danger to human health or welfare or the environment; or
        2. (2) Potential interference with the operation of the City sewer system;
      2. b. The permit to discharge into the City sewer system was obtained by misrepresentation of any material fact or by lack of full disclosure;
      3. c. The discharger violates any requirement of this Chapter or an industrial wastewater discharge permit; or
      4. d. Such action is directed by a court of competent jurisdiction.
    2. 2. Notice of termination of discharge or permit revocation will be provided to the discharger or posted on the subject property prior to terminating the discharge or revoking a permit.
      1. a. In situations that do not present an imminent danger to health or the environment or an imminent threat of interference with the sewer system, the notice will:
        1. (1) Be provided in writing;
        2. (2) Contain the reasons for the termination of the discharge or permit revocation;
        3. (3) Contain the effective date of City action;
        4. (4) Contain the duration of the termination;
        5. (5) Provide contact information of a City contact;
        6. (6) Be signed by the Director; and
        7. (7) Will be received or refused at the business address of the discharger no less than 30 days prior to the effective date of termination.
      2. b. In situations where there is an imminent danger to human health or welfare or the environment or an imminent threat of interference with the operation of the sewer system, the Director may immediately terminate an existing discharge, prevent a new discharge, or revoke a permit after providing informal notice to the discharger or after posting such notice on the subject property. Informal notice may be verbal or written and will include the effective date and time and a brief description of the reason. Within 3 working days following the informal notice, a written formal notice as described in Subsection 17.34.110 H.2.a. will be provided to the discharger.
    3. 3. The Director may reinstate an industrial wastewater discharge permit that has been revoked or may reinstate industrial wastewater treatment service upon clear and convincing proof by the discharger of the elimination of the noncompliant discharge or conditions creating the threat of endangerment or interference.
  9. I. Annual Publication. A list of Significant Industrial Users that BES considers to be in significant non-compliance with this Chapter shall be published annually in the newspaper of general circulation in Portland, summarizing the enforcement actions taken against industrial users during a prior twelve month period.

17.34.115 Requests for Reconsideration.

(Replaced by Ordinance 186192; Amended by Ordinances 186902 and 189750, effective November 29, 2019.) 

  1. Administrative Review and Appeal. A person may request a modification to a BES decision related to this Chapter via an administrative review with BES staff, unless administrative review is limited by administrative rule. After the requestor has exhausted all administrative review, the requestor may file for an appeal with the Code Hearings Officer per PCC Title 22, unless appeal is limited by administrative rule.

17.34.120 Records Retention.

(Amended by Ordinances 172879 and 185397, effective July 6, 2012.) 

  1. All dischargers subject to this Chapter shall retain and preserve for no less than 3 years all records, books, documents, memoranda, reports, correspondence and summaries relating to monitoring, sampling and chemical analyses made by or in behalf of the discharger in connection with its discharge.  This period of retention may be extended per 40 CFR 493.12(o)(2) when requested by the Director, DEQ, or EPA during the course of any unresolved litigation regarding the discharger.  The discharger shall retain and preserve all records which pertain to matters which are the subject of any enforcement or litigation activities brought by the City until all enforcement activities have concluded and all appeals deadlines have expired.

17.34.130 Conflict.

(Amended by Ordinance 186192, effective September 6, 2013.)

  1. This Chapter supersedes all other ordinances or elements thereof to the extent that they are inconsistent with or conflict with any part of this Chapter.

17.34.140 Severability.

(Amended by Ordinance 186192, effective September 6, 2013.)

  1. If any provision, paragraph, word, or Section of this Chapter or associated rules is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, Sections and Chapters shall not be affected and shall continue in full force and effect.

17.34.150 Fees.

(Amended by Ordinances 173138, 173414, 181846 and 185397, effective July 6, 2012.)

  1. A.  The Director shall set annual fees by ordinance for all industrial wastewater discharge permits.  The Director shall consider:  process wastewater discharge flow;  industrial user classification;  permit status (new or renewed);  self monitoring frequency;  city monitoring frequency;  regulatory history and any regulatory permits or special requirements.
  2. B.  Permit fees.  Fees for each fiscal year are set July 1 and billed as soon after the following January 1 as is practical. 
  3. C.  The Director shall also have authority to set fees for all non-routine, non-domestic batch discharges to the sewer system.  Service fees for such discharges not otherwise addressed in an industrial wastewater discharge permit shall be calculated at a rate per occurrence, in addition to other applicable charges.  The rate shall be established, annually, by general ordinance.

17.34.160 Requests for Reconsideration.

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

Chapter 17.35 Septage Discharge

(Chapter added by Ordinance 143978, effective July 1, 1977.)

17.35.010 Definitions.

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

  1. As used in this Chapter the following definitions apply:
  2. A.  “Columbia Boulevard Wastewater Treatment Plant (CBWTP)” means the City of Portland’s wastewater treatment plant located at5001 N. Columbia Boulevard,Portland,Oregon.
  3. B.  “Director” means the Director of the Bureau of Environmental Services or the Director’s designee.
  4. C.  “Holding tank” means a tanks with no drain field which is required to be pumped out on a regular basis.
  5. D.  “Operator in charge” means the operator in charge, hereafter referred to as “operator,” is the designated operator on duty at the Columbia Boulevard Wastewater Treatment Plant or other designated location who supervises and directs any discharge of septage.
  6. E.  “Septage” means domestic wastes in a tank or container such as chemical toilets.
  7. F.  “Tri-County Area” means the area within Multnomah, Clackamas and Washington Counties.

17.35.020 Permits Required.

(Amended by Ordinances 166674, 182760 and 185397, effective July 6, 2012.) 

  1. Only those persons possessing a valid septage discharge permit issued from the City of Portland will be allowed to discharge septage at the Columbia Boulevard Wastewater Treatment Plant (CBWTP).
  2. A.  Permits shall authorize discharges for one year, unless a shorter time frame is authorized by the Director.
  3. B.  The City shall issue permits for the discharge of septage at CBWTP after receipt of the following:
    1. 1.  A Septage Discharge Permit Application form;
    2. 2.  A copy of a valid sewage disposal service license issued by the DEQ;
    3. 3.  A current DEQ Sewage Pumping Equipment Description/Inspection form for each vehicle identified on the permit;
    4. 4.  A performance guaranty as described in 17.35.060 of this Chapter;
    5. 5.  A copy of insurance coverage at or above those levels required by the Oregon Public Utility Commission;
    6. 6.  Effective July 1, 1994, a certificate of completion, or the ability to receive such certification within 30 days of permit approval, by applicant personnel at the City of Portland’s “Septage Hauler Training Class.”  Personnel of an approved septage hauler shall attend the City’s Septage Hauler Training Class.  The class will inform haulers about the City’s Septage Receiving Program and the operational process at CBWTP.  Certification renewals may be requested on an annual basis and shall be required upon request of the Director or when permittee personnel changes occur.
    7. 7.  The City shall impose appropriate conditions in permits to ensure compliance with requirements of this Chapter.
  4. C.  No provision of this Section shall be construed to create any right to the disposition of septage at a City facility inconsistent with the public interest of the City.

17.35.030 Septage Discharge Limitations.

(Amended by Ordinances 166674 and 185397, effective July 6, 2012.) 

  1. The City will accept discharge of septage at the CBWTP that originates within the Tri-County area and is subject to the provisions of this Chapter.
  2. A.  Discharge of process waste from commercial and industrial locations is prohibited.
  3. B.  Unauthorized discharge of septage into the sewer system within the jurisdiction of the City or the Tri-County area is prohibited.
  4. C.  The City will have full authority to refuse a load, limit the amount of discharge and/or establish necessary restrictions on discharge under the following conditions:
    1. 1.  Unacceptable acidic or alkaline strength or corrosive properties;
    2. 2.  Septage is from a non-approved source;
    3. 3.  Failure to supply complete, accurate and verifiable septage information;
    4. 4.  Operator observed inconsistencies between certified contents and actual contents;
    5. 5.  Operational or capacity limitations at CBWTP.  Loads will be rejected during wet weather events.

17.35.060 Performance Guaranty.

(Amended by Ordinance 166674, effective June 23, 1993.)

  1. Each applicant, except governmental agencies shall post a performance guaranty in a form including but not limited to a surety bond, penal bond, performance bond, irrevocable letter of credit, pledge of assets, or other form which shall be approved by the City Attorney. The amount will be determined by the conditions of the permit and the number and capacity of the applicant’s vehicles. Minimum coverage shall be $10,000. All changes in personnel and equipment shall be reported to the City within 30 days. The value of the performance guaranty shall be forfeited to the City under any of the following conditions:
  2. A. The discharge of septage in violation of 17.35.030;
  3. B. The discharge of septage at unauthorized locations in the Tri-County area (or the City of Portland);
  4. C. Effective July 1, 1994, failure to make timely payment, pursuant to 17.35.090 B, of charges billed under this Chapter. (Forfeiture of guaranty up to amount of overdue charges only, after notice of intent to demand payment from guarantor.)

17.35.070 Fee Schedule.

(Amended by Ordinances 156500, 160886, 162109, 165136, 166674, 167692, 168857, 170190, 171224, 172288, 173414, 175620, 176524, 177530, 178449, 179274, 180189, 181006 and 181846, effective July 1, 2008.)

  1. A. Discharge permit holders are subject to the following septage discharge fees:
    1. 1. Annual Discharge Permit Fee. Fees are to be paid on an annual basis at time of permit application.
    2. 2. Discharge Rates. Each delivery received at the plant is subject to discharge rates, which will be applied to full tank capacity of the delivery vehicle. The plant may accept partial loads on a pre-approved basis. Measurement disputes between septage haulers and City personnel will be resolved by a process established by the Director.
    3. 3. After-Hours Fee. Deliveries received at the plant outside of normal business hours are subject to an after-hours fee.
  2. B. Septage discharge fees and rates are adopted, annually, by general ordinance to establish sewer and drainage rates and charges.

17.35.080 Collection and Billing.

(Amended by Ordinances 166674 and 181483, effective January 18, 2008.) 

  1. The operator is directed to provide one copy of the load certificate to the permittee, retain two copies of each load certificate executed by permittee, and to convey one copy of each load certificate to the office of the City as may be required by the Office of Management and Finance.
  2. The City shall mail a monthly statement of account to each permittee.  Failure to pay the amount shown within 30 days of the date of billing shall result in imposition of interest fees, as named in Title 5, Section 5.48.040, on the amount past due.

17.35.085 Inspections.

(Added by Ordinance 186192, effective September 6, 2013.)

  1. A. Right of Entry. To the extent permitted by law, BES may enter all private and public premises at any time for the purpose of inspecting for potential violations, connections or for any other lawful purpose. This authorization includes but is not limited to inspection, sampling, testing, photographic documentation, record examination, copying, and installation of devices. Entry may not be conditioned upon BES representatives signing any type of confirmation, release, consent, acknowledgement, or agreement. 
  2. B. Entry Protocols.
    1. 1. The BES representative will present a City photo identification card at the time of entry.
    2. 2. The BES representative will comply with reasonable, routine safety and sanitary requirements of the facility or site as provided by the facility operator at the time of entry. The facility operator must provide the BES representative with any facility-specific safety protective equipment necessary for entry.

17.35.090 Revocation/Amendment of Permit.

(Repealed by Ordinance 186192, effective September 6, 2013.)

17.35.100 Protection of the Public Interest.

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

17.35.110 Enforcement.

(Replaced by Ordinance 186192, effective September 6, 2013.)

  1. A. Violations. It is a violation for any person 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 will hold the person or persons 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 obtain a septage hauler permit;
    2. 2. Failure to comply with training requirements;
    3. 3. Discharge of wastes violating Section 17.35.050;
    4. 4. Failure to pay discharge fees or provide a performance guarantee; or
    5. 5. Failure to comply with enforcement actions as identified in the BES Enforcement Program administrative rules (PPD item ENB-4.15)
  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 permits, violation 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. Persons 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 Director may recover 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 Director may recover from the person causing the violation all costs incurred by the City to summarily abate 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 PCC or associated rules.
  6. F. 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.

17.35.120 Revocation or Amendment of Permit.

(Added by Ordinance 186192, effective September 6, 2013.)

  1. All septage discharge permits issued to an applicant by the City may be revoked for any of the following reasons:
  2. A. Failure to accurately certify the source of a load of septage prior to discharge.
  3. B. Failure to pay all charges for discharge within 60 days of billing by the City.
  4. C. Any act that is named as a cause for forfeiture of the performance guaranty, as outlined in Section 17.35.060.
  5. D. Septage permits may be amended for the following reasons:
    1. 1. A change occurs in a permittee’s operations that affect the applicability of this Chapter’s provisions.
    2. 2. The amendment is required by the applicable State or Federal laws or regulations.

17.35.130 Administrative Reviews, Appeals, and Compliance Cases.

(Added by Ordinance 186192; Amended by Ordinances 186902 and 189750, effective November 29, 2019.)

  1. A.  Administrative Review and Appeal. A person may request a modification to a BES decision related to this Chapter via an administrative review with BES staff, unless administrative review is limited by administrative rule. After the requestor has exhausted all BES administrative review, the requestor may file for an appeal with the Code Hearings Officer per PCC Title 22, unless appeal is limited by administrative rule.
  2. B.  BES Code Compliance Cases. BES may file a case before the Code Hearings Officer under PCC Title 22 to compel compliance with City regulations. The person committing the violation will be offered the opportunity to present evidence.

17.35.140 Conflict.

(Added by Ordinance 186192, effective September 6, 2013.)

  1. This Chapter supersedes all ordinances or elements thereof to the extent that they are inconsistent with or conflict with any part of this Chapter.

17.35.150 Severability.

(Added by Ordinance 186192, effective September 6, 2013.)

  1. If any provision, paragraph, word, or Section of this Chapter or associated administrative rules is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections shall not be affected and shall continue in full force and effect.

Chapter 17.36 Sewer User Charges

(Chapter replaced by Ordinance No. 185870, effective February 22, 2013.)

17.36.010 Intent.

This Chapter governs the collection of sewer user charges by the Bureau of Environmental Services (BES) as authorized by the City Charter.  It also includes collection processes applicable to other charges assessed by BES. 

17.36.020 Definitions.

(Amended by Ordinance Nos. 186902, 187926, 189506 and 190482, effective July 30, 2021.)  The following definitions apply to this Chapter:

A.  “Billing Error” means an instance in which a calculation used by the City for billing is not consistent, in the determination of the City, with adopted City Code and Administrative Rules for billing sewer volume and stormwater management charges.

B.  "Biochemical Oxygen Demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter per Guidelines Establishing Test Procedures for the Analysis of Pollutants, contained in 40 CFR 136.

C.  “Branch” means the public portion of the horizontal piping system connecting from the plumbing system of a building or buildings to a public or private sewer.

D.  “Branch Charge” means a connection charge that reimburses the City for the costs of designing and constructing a public sewer extension and providing individual service laterals.

E.  “Congregate Housing Facility” means a building, collection of buildings, or a portion of a building that includes separate bedrooms and individual or shared bathrooms and that includes no more than one kitchen per 12 bedrooms. A congregate housing facility is not a dwelling unit.

F.  “Connection Charge” means a charge assessed by the City for providing public sewer and stormwater management services to a property.  A connection charge may include a line charge, branch charge, sanitary sewer system development charge, and a stormwater system development charge.  Connection charges are for use or expansion of use of City sanitary or stormwater management services.

G.  "Director” means the Director of the Bureau of Environmental Services or the Director’s designee.

H.  "Equivalent Dwelling Unit (EDU)" means the estimated average sanitary flow from a single-dwelling development, also referred to as a single-family dwelling charged to a sewer account.

I.  “Extra Strength Charge” means the additional charge to wastewater dischargers who have constituent discharges at concentrations above levels normally expected in domestic wastewater, as determined by this Chapter and general ordinance.

J.  “Groundwater” means subsurface water that occurs in soils and geological formations that are fully saturated.  Groundwater fluctuates seasonally and includes perched groundwater. 

K.  “Groundwater Discharge” means a discharge of water pumped or directed from the ground. Groundwater discharges include but are not limited to subsurface water from site remediation and investigations, well development, Brownfield development, discharges from footing and foundation drains, and subsurface water associated with construction or property management dewatering activities.

L.  “Impervious Area” means the area of a property that does not allow rainwater to percolate naturally into the ground.

M.  “ITE Manual” means the manual used per Section 17.15.020 to determine transportation system development charges.

N.  “Line Charge” means a connection charge that reimburses the City for the costs of designing and constructing sanitary sewer lines that serve multiple connecting properties.

O.  “Net New Impervious Area” means the difference between existing impervious area on a property, and any increase in impervious area that results from a proposed use(s) of the property.

P.  “Net New Vehicular Trips” means the difference between the vehicular trips generated by the existing use of a property, and any increased number of the vehicular trips generated from a proposed use(s) of the property.

Q.  “Non-Routine Discharge” means a definable/explainable uncontrolled release or spill to the sanitary sewer system that is not representative of the normal or expected characteristics of a facility’s wastewater discharge and that may include discharges defined as slugloads under Chapter 17.34.

R.  “Rate” means the multiplication factor used to generate a connection or user charge based on cost-per-unit proxies such as gallons of discharge, square feet, or feet of road frontage.  Rates can be multiplied by other factors

S.  “Ratepayer” means a person who has the right to possession of a property and:

1.  Who causes or permits the discharge of sanitary sewage into the public sewer system, or

2.  Whose use of the property directly or indirectly benefits from stormwater management services provided by the City.

T.  "Rolling Average" means the average of the 10 most recent monthly averages of representative City- and/or self-monitoring events for the purpose of calculating an extra-strength sewage charge rate, unless another period is approved by the Director.

U.  “Sanitary Sewage” means wastewater discharged to the public sewer system by permit or other approval of the Director and includes, but is not limited to, domestic wastewater, industrial and commercial process wastewater and contaminated stormwater.

V.  “Sanitary Sewer Conversion Charge” means the charge to convert a nonconforming sewer, as that term is defined in Chapter 17.33.  This charge is assessed in lieu of line and branch connection charges.

W.  “Sanitary System Development Charge (SDC)” means a connection charge for new or increased demand of the public sewer system.  This charge reimburses the City for an equitable portion of the costs of major sewer facilities such as wastewater treatment facilities, pump stations and interceptor sewers.

X.  “Seed” means a population of microorganisms capable of oxidizing biodegradable organic matter that is added to a wastewater sample as part of the analysis of biochemical oxygen demand (BOD).  Only seed prepared using primary effluent from the City’s Columbia Boulevard Waste Water Treatment Plant may be used for this analysis.

Y.  “Stormwater Management Facility” means a facility or other technique used to reduce volume, flow rate, or pollutants from stormwater runoff.  Stormwater facilities may reuse, collect, convey, detain, retain, or provide a discharge point for stormwater runoff.

Z.  “Stormwater Management Services” means services and actions used to collect, convey, detain, retain, treat or dispose of stormwater.  These services include managing stormwater runoff from public streets, mitigating flooding, preventing erosion, improving water quality of stormwater runoff, collecting and conveying stormwater runoff from private properties when runoff exceeds the capacity of private facilities to manage stormwater onsite, mitigating impacts to natural habitats caused by stormwater runoff, and protecting properties and natural habitats from hazardous soils and materials that are discharged from private properties and public rights-of-way.

AA.  “Stormwater System Development Charge (SDC)” means a connection charge for new or increased demand of the public stormwater and drainage system.  This charge reimburses the City for an equitable portion of the costs of public stormwater management facilities such as collection and conveyance facilities, detention and disposal facilities, and water pollution reduction facilities.

BB.  "Temporary Connection" means a connection to the sanitary sewer system where the duration of the connection is less than three years and connection and disconnection occur only once.  Connections made to the public sewer, stormwater or drainage system made for the purpose of environmental remediation will not be considered a temporary connection unless approved by the Director.

CC.  "Temporary Structure" means a structure that is separate and distinct from all other structures and is created and removed in its entirety within 3 years, including all impervious area associated with the structure.

DD.  "Total Suspended Solids (TSS)" means the total suspended matter that either floats on the surface or is suspended in water or wastewater and that is removable by laboratory filtering in accordance with 40 CFR 136 Table B.

EE.  “Transportation SDC Study” means the transportation system development methodology established by Chapter 17.15.

FF.  “User Charge” means a charge paid by a ratepayer for the use of public sanitary or stormwater management services.  User charges are calculated on a routine basis such as monthly or annually.

17.36.030 Annual Rate Ordinance.

Charges authorized by this Chapter pay for the City to provide sewer and stormwater management services. Charges are calculated based on true costs of service or may be based on rates per unit volume or usage or area served. Charges and rates are established via a BES rate ordinance adopted annually by the City Council. Charges are effective on a fiscal-year basis (July 1 to June 30 of the following year).

17.36.040 Sewer System Connection Charges.

(Amended by Ordinance Nos. 186403, 189050, 189323, 189506, 189750, 190381 and 190482, effective July 30, 2021.)  Connection charges are for establishing a new connection, new use or expanding existing uses of the public sewer and City stormwater facilities.  A property may be subject to one or more of these charges depending on the connections made.

A.  The methodology for calculating connection charges is set forth in the Sanitary and Stormwater System Development Charge Methodology administrative rules (PPD item ENB – 4.05).

B.  Payment is required upon issuance of a building or connection permit or, for connections related to City sewer extension projects, prior to or at the time a property physically connects to the public system.

1.  Prepayment.  A person may pre-pay connection charges by providing a letter of intent that includes the parcel description and address, if applicable, and the estimated number of EDUs or impervious area. The Director may grant a refund at any time for excess charges at the rate in effect at the time of building permit or connection. Prepayment of connection charges does not guarantee reserved system capacity or usage of City sewer or drainage services. The Director may accept a cash or surety bond posted by the owner of the occupancy in lieu of immediate payment of the charge if:

a.  The appropriate number of EDUs for the occupancy cannot be determined before the permit is issued; or

b.  The Director has determined the number of equivalent dwelling units for the occupancy but the applicant does not agree with the Director’s determination.

2.  True-up.  Within 2-1/2 years after connection, the Director will determine the number of EDUs and the amount of the SDCs due, using water consumption records or other evidence.  Upon notice, the applicant must pay the SDCs within 60 days or the bond will be forfeited upon approval by the Director and the Commissioner-in-Charge.

3.  Deferral of connection charges.  Users who qualify to defer SDC or other sewer connection charges but who want to connect to the system can defer payment of connection charges until such date as the Director may specify as authorized by ordinance.  The charge in effect at the time of connection is applied at time of payment. Deferred connection charges are delinquent when not paid after a period of 90 days from the date due and bear interest and penalties as set forth in this Chapter.  Users may convert the deferral to an installment payment loan.  The Director will establish rules, procedures and forms to govern the administration of the deferral program.

C.  Sanitary System Development Charge (SDC).

1.  A person must pay sanitary SDCs for:

a.  Connecting a building property to a sanitary or combined sewer;

b.  Increasing sewer usage by alteration, expansion, improvement, or conversion of a building already connected to the sewer; or

c.  Increasing flow to a sanitary or combined sewer by causing contaminated stormwater or groundwater to enter the sewer.

2.  Sanitary SDCs are calculated based on the number of EDUs.

a.  EDUs for nonresidential uses and congregate housing facilities will be calculated from drainage fixture units (DFUs), as defined by the Oregon Plumbing Specialty Code in effect at the time of the permit application.

b.  Industrial wastewater.  Industrial wastewater dischargers are subject to review of sewer usage within two years of occupancy.  EDUs are calculated from the highest 6-month average of metered usage over that period.  The user of record is responsible for EDUs in excess of those paid at the issuance of the permit.

c.  EDUs for groundwater or other permitted discharges to sanitary or combined sewer are calculated based on estimated discharge volume.

3.  Temporary use.  Temporary structures and connections are not subject to sanitary SDCs. However, sanitary SDCs, including penalties and interest charges, become due and payable for structures or connections that are not removed within three years. Temporary structures and temporary connections are not exempt from paying user charges, including extra strength charges.

4.  Credits.  Sanitary SDC credits may be awarded for each EDU purchased prior to the demolition or disconnection of the development to which the EDU applies.

D.  Sanitary Line Charge.

1.  Residential Property.  The line charge is based on the charge rate as established by City Council and the square footage of that portion of the property receiving service that lies within 100 feet of the public right-of-way or easement where a sewer has been constructed or is planned.  Such street or easement line is considered as continuing 100 feet beyond the end of the main line sewer or beyond where the sewer turns away from the property.  Owners of flag, oddly shaped or landlocked properties must pay at least a minimum line charge based on an assumed minimum lot size of 1,200 square feet.

2.  Non-Residential Property.  The line charge is based on the charge rate as established by City Council and the square footage of the portion of the property receiving service that lies within 300 feet of the public right-of-way or easement where a sewer has been constructed or is planned. Such street or easement line is considered as continuing 300 feet beyond the end of the main line sewer or beyond where the sewer turns away from the property.  Owners of flag, oddly shaped or landlocked properties must pay at least a minimum line charge based on an assumed minimum lot size of 3,600 square feet.

3.  When an adjacent, developed lot, as defined in Title 33 of this Code, is under the same ownership and used in conjunction with a neighboring, developed lot that is connected to the sewer, the adjacent lot is charged a line charge for its frontage as described above.  This condition includes but is not limited to improved parking lots, and lots with garages or landscaping.

4.  Lack of gravity service.  When a sewer is constructed that can not provide full gravity service, the line charge is reduced by:

a.  50 percent if the property has gravity service to the first floor only and must install a pump for the basement; and

b.  75 percent if no gravity service is available for the first floor and the property must install a pump.

  The adjustment may not exceed the costs associated with the installation of a pump system.

E.  Branch charge.  BES collects a branch charge for providing a branch sewer to the property, but only if the property was not assessed for the branch or its equivalent previously.

1.  Additional charges may be assessed to cover the City’s design and construction costs for branches that were requested by the user but not ultimately used. These charges must be paid before the property may be connected to the public system.

2.  Sampling manhole charge.  When a property is subject to an extra strength charge as described in Subsection 17.36.060 A., the user may request that the City install a sampling manhole on the branch. The user must pay all direct and indirect costs of installing the manhole.

F.  Sewer Conversion Charges.  A property owner with a nonconforming connection as defined in Chapter 17.33 must pay sanitary sewer conversion charges based on use and as determined by administrative rule at the time the City provides a new sewer connection.

G.  Stormwater System Development Charge.  The stormwater SDC consists of two parts: an onsite charge, reflecting use of public facilities handling stormwater flows from individual properties; and an off-site charge, reflecting use of system facilities handling stormwater flows from rights-of-way.

1.  The onsite charge is calculated by multiplying the net new impervious area by a rate per thousand square feet of impervious area.  In the case of groundwater flows directed into stormwater facilities, the charge is calculated based on the amount of impervious area necessary to produce an equivalent flow given average rainfall.

2.  The offsite charge is calculated in two parts: local access, and use of arterial streets.

a.  The local access portion of the offsite charge is calculated by multiplying the length of the property’s frontage by a per lineal foot rate. For properties on which there is existing development and for which a stormwater SDC has previously been paid, the local access portion will be waived.

b.  The arterials portion of the offsite charge is calculated by multiplying net new vehicular trips by a rate per vehicular trip.  Vehicular trips for a particular development are determined by the Transportation SDC Study, the ITE Manual, or an alternative study acceptable to the Bureau of Transportation.

3.  Credits.  Credits may be granted for the onsite portion of the stormwater SDC in one of the following two cases:

a.  Credits of up to 100 percent of the onsite portion of the stormwater SDC may be granted for areas draining, either in whole or in part, directly to the Willamette or Columbia Rivers or to the Columbia Slough. Only discharges that do not pass through City-financed stormwater facilities and meet all applicable water quality standards are eligible for credits. Credit applications must adequately demonstrate the satisfaction of these conditions.  Development using stormwater facilities built under a public works permit that convey stormwater runoff directly to the Willamette or Columbia Rivers or the Columbia Slough without passing through other City stormwater facilities is eligible for up to 100 percent credit for the onsite charge.

b.  A 100 percent credit may be granted for areas draining to facilities providing effective on-site retention for a 100 year storm event with a safety factor of two, defined as a rainfall intensity of 8.28" per hour per square foot of impervious area. Those applying for this credit must provide adequate documentation to demonstrate this additional retention capacity, including testing of infiltration facilities, and that on-site flows are directed to these facilities.

c.  No credits may be granted for the offsite portion of the stormwater SDC.

H.  Partial and Full Exemptions. Certain structures and uses are exempt from sanitary and stormwater SDCs to the extent provided by Section 17.14.070 of this Code.

17.36.050 User Charges.

(Amended by Ordinance No. 187926, effective September 2, 2016.)  Sewer user charges are established and made effective as follows: 

A.  Timing.  User charges are calculated on a routine basis, such as monthly, quarterly or annually.   

B.  Sanitary Sewer Services.  The City calculates and collects user charges for sanitary sewer services from ratepayers who cause or permit the discharge of sanitary sewage from a property in their possession into the public sewer system.  Charges for sanitary sewer services may include sanitary sewer volume charges, account service charges and penalties for non-payment or late-payment of sewer charges and other charges: 

1.  Residential dwellings.  Residential dwelling units are assessed based on the volume of sewage discharged to the sanitary sewer system.  The Director may elect to use water consumption as the basis of this calculation.  To avoid including irrigation water usage in this calculation, the Director will establish a procedure that allows for irrigation credit.  When a water meter reading is not available, a sanitary sewer discharge estimate will be made based on the ratepayer class of characteristics per administrative rule. 

2.  Non-residential occupancies.  The City calculates charges for commercial, industrial, and all occupancies based on the amount of incoming water volume as measured by the City water meter, information from the water district serving the property, or by an approved meter that measures actual sanitary discharge volume.   

3.  Combined dwelling units and other.  Where dwelling units and other occupancies use the same water supply, the City calculates charges for sanitary sewer service in the same manner as those for commercial, industrial, and all occupancies other than residential. 

4.  Estimating wastewater discharges for mobile dischargers.  User charges are applicable to all wastewater discharges to the City sewer system regardless of the source. In unusual circumstances where the wastewater is not from a fixed location, such as ships, barges, houseboats and other movable facilities or dwelling units, a method of determining the volume provided by the user may be used if approved by the Director.  Otherwise, the Director estimates the volume of water to which user charges apply and this determination is final. 

5.  In areas served by separated storm and sanitary sewer systems, the City may accept the discharge of contaminated stormwater into the sanitary sewer.  The discharge volumes will be determined by the amount of impervious area producing the contaminated stormwater plus the average rainfall or a discharge meter.  The discharge will be charged based on sanitary sewer volume rates. 

C.  In cases where water is supplied solely from a private source or sources such as wells, springs, rivers or creeks, or from a partial supply in addition to that furnished by the City, residential ratepayers are assigned the class average volume for their alternative source water use.  Commercial ratepayers must meter the private supply either as an inflow or a discharge in conformance to the provisions of this Chapter.   

D.  Meters required.  Any meter or method used for calculation of a adjusted charge or credit is subject to the administrative or special meter charge for each such meter or method. The property owner is responsible for purchasing, installing, maintaining, and calibrating the private meter and must comply with all provisions in this Title. Meters must be approved by the Director as to type, maintenance, calibration schedule, size and location before installation. 

1.  All meters must register in cubic feet. 

2.  Meters installed on water systems supplied from private or public sources and used to measure cooling, irrigation, evaporation or product water for the purpose of obtaining reduced sewer charges must be connected in such a manner as to register only that portion of the water supply used for that purpose. 

3.  Meters placed below the ground or pavement surface must have the top of the meter not more than 8 inches below the surface and must be enclosed in a standard water meter box and cover as used by the Portland Water Bureau.  Meters located above the ground or floor level must not be more than 3-1/2 feet above the ground or floor level. 

4.  All meters must be located in an area that is freely accessible at all times and that, in determination of the Director, does not present a danger to City employees. 

5.  The owner of a meter must implement a program to ensure meter accuracy.  The program should consider the manufacturer’s periodic maintenance and calibration requirements.  All maintenance and calibration records must be retained and available for review by City personnel. 

6.  Failure of the owner, the owner’s lessee, or others acting under the owner to maintain the meter in good working order constitutes a violation of this Chapter.  During the period of the meter’s non-operation and pending the proper repair and reinstallation of the meter, the account may be billed on the basis of three times the normal water usage or in such an amount as deemed proper by the Director. 

E.  Credits.  A ratepayer must submit a written request for establishing reduced charges or credit for water not subject to sewer user charges.  Requests must be received prior to any use of water that may be subject to reduced or special charges, and prior to installation of any meter.  A request for credit must include a meter maintenance plan and a mechanical plan showing the proposed meter location, access route to the meter, the water supply or source, the cooling or other water-using equipment, and the discharge point.  Reduced charges or credits will not be given for any period prior to the date of approval.  No reduced sewer charge may be given until the Director has approved the request.   

1.  Water not subject to sewer user charges.  The Director may exempt from sewer user charges water that is used in a manufactured product such as ice, canned goods or beverages; or for water lost by evaporation or used in irrigation.  To calculate the quantity of exempt water, a meter must be installed to the satisfaction of the Director.   

2.  Clean water discharges.  When a non-residential ratepayer requests approval for a temporary or permanent discharge of clean water to a public sewer system, the discharger must install meters or provide other verifiable and quantifiable information using a method approved by the Director to determine the volume of water to be discharged.  Water such as that used for refrigerating or cooling purposes or condensed from steam and that has been put to no other use may be discharged into the sanitary system as clean water. 

a.  Clean water to storm sewer or other public drainage systems.  Charges are calculated based on the clean water discharge-to-storm rate multiplied by the measured or estimated volume of water discharged to a public storm sewer or other public drainage system. 

b.  Clean water to sanitary or combined sewer systems.  Charges are the same for other sewer uses and are calculated based on the non-residential sewer services rate multiplied by the measured or estimated volume of water discharged to a public sanitary or combined sewer.   

3.  Conditions for revoking reduced charges or credits.  The following conditions will nullify discounts and reinstate full user charges until such time as the owner or person in charge of the premises formally notifies the Director that the situation has been rectified. 

a.  Defective discharge meters.  During the period of the meter’s non-operation and pending the proper repair and reinstallation of the meter, the account may be billed for the full amount of water passing through the supply meter and up to three times the supply flow provided by non-City resources.  At no time may a reduced charge or credit be allowed retroactively, or for a period in which the meter is defective. 

b.  Failure to report.  Failure to report on quantities of water subject to reduced charge or credit for 2 consecutive months is a violation of this Chapter.  User charges must be paid on the full amount of water passing through the supply meter and up to three times the supply flow provided by non-City resources during these 60 days.  At no time may a reduced charge or credit be allowed retroactively, or for a period in which no reports were submitted. 

F.  Stormwater Management Services.  Ratepayers who receive a direct or indirect benefit from City stormwater management services are subject to the user charge.  The ratepayer identified on the City utility billing account is assumed to be the user of stormwater management services and responsible for the user charge.  If the property is not subject to other City utility charges, the Director will determine the ratepayer responsible for the user charge. 

1.  Billing Components.  The user charge consists of the following components: 

a.  Stormwater On-Site.  The user rate for the on-site component is 35 percent of the stormwater management services rate.   

b.  Stormwater Off-Site.  The user rate for the off-site component is 65 percent of the stormwater management services rate. 

2.  Basis for charge.  User charges are calculated based on the user’s proportionate share of City stormwater management services as estimated by the amount of impervious area on the user’s property.  Unless the property has been measured to the satisfaction of the Director, the property’s impervious area is assumed to be equal to the average impervious area for the user’s class.  The following areas are included in a property’s impervious area calculation for billing purposes:  roofs; paved areas such as, but not limited to, driveways, parking lots, and walkways; and areas of the property that are covered by porous pavement.  The following areas are not included in a property’s impervious area calculation for billing purposes: rights-of-way that have been dedicated to the public and over which the City exercises regulatory jurisdiction and management; outdoor recreation areas owned by governmental bodies that are available to the general public, excluding parking lots and buildings; and areas covered by compacted soils and compacted gravels 

3.  Dwelling units.  The City uses the following class averages of impervious areas for calculating user charges for dwelling units located on a single property or tax lot: 

a.  One and Two Dwelling Units - 2,400 square feet 

b.  Three Dwelling Units - 3,000 square feet 

c.  Four Dwelling Units - 4,000 square feet 

4.  Properties other than dwelling units or with five or more dwelling units.  The City calculates the ratepayer’s use of stormwater drainage system services based on the amount of impervious area on the site. 

5.  Clean River Rewards.  Clean River Rewards discounts are offered to increase ratepayer control over stormwater management charges and to advance City environmental goals.  The program provides economic incentives, technical assistance, and environmental education to ratepayers who control and manage the quality and quantity of stormwater runoff on their private property.   

G.  Portland Harbor Superfund Charge.  The City calculates and collects user charges for the Portland Harbor Superfund Program.  If the property is not subject to other City utility charges, the Director determines the ratepayer responsible for the Portland Harbor Superfund charge.  This user charge appears as a line item on the City utility bill, and is the sum of the following two rate calculations:   

1.  Sanitary Volume.  This portion of the charge is the sanitary sewer service user charge multiplied by the Portland Harbor Superfund Sanitary Volume rate. 

2.  Impervious Area.  This portion of the charge is the stormwater management services charge multiplied by the Portland Harbor Superfund Impervious Area rate. 

17.36.060 Special User Charges.

(Amended by Ordinance Nos. 186902 and 190482, effective July 30, 2021.)  The following charges are applicable to only certain user groups and are assessed in addition to other user charges.  Users may be subject to one of more of these charges. The current charge rates are provided on the BES annual rate ordinance.

A.  Extra-Strength Charge.  Wastewater discharged to a City sewer, either directly or indirectly, is subject to an extra-strength charge if the discharge has a BOD or TSS in excess of concentration thresholds determined by the Director.  The Director may establish concentration thresholds for other pollutants that are subject to extra-strength charges.  Payment of an extra-strength charge does not excuse the discharger from complying with all other applicable provisions of Chapter 17.34 of this Code.

1.  Calculation of Charges.  Extra-strength charges are based on the following:

a.  The concentration of pollutants in excess of thresholds established by the Director and adopted by Council.

b.   The total metered water supplied to the premises.  The extra-strength charge may be reduced where commercial or industrial wastewater is discharged separately from domestic sanitary wastes or cooling waters and the user provides a meter or other measurement method acceptable to the Director.  For multiple tenant buildings with shared water service, extra-strength charges will be apportioned by class of individual tenant with an estimated volume as a portion of the total sewer bill.

2.  Methodologies for calculating extra-strength charges.

a.  Measured Rolling Average.This method bases a user’s rate on the average concentration of the ten most recent monthly concentration averages. Rolling averages are initiated with samples taken over a 5-day period unless otherwise specified by the Director. Samples must be taken daily at an approved sampling manhole or other location as determined by the Director.

(1)  Self-monitoring.  A user may be authorized to submit monitoring data as a basis for rate calculations.  Wastewater samples must be representative of the discharge.

(a)  Reports.  Self-monitoring reports must include sufficient information to calculate the extra-strength rolling average.

(b)  All analytical data submitted for rate calculations must be in accordance with procedures approved in Guidelines Establishing Test Procedures for the Analysis of Pollutants, contained in 40 CFR 136 and amendments thereto as published in the Federal Register.

(c)  Laboratories analyzing for BOD must use approved seed in their analysis. Laboratory reports must indicate the use of approved City seed in order for the data to be used in extra-strength charge calculation.  The Director may require a split of any independent sample collected by the user for the purpose of extra-strength charge calculation.

(2)  Additional sample requests.  Any user subject to the measured rolling average method may request that BES collect additional samples.  Requests must be submitted in writing.  Full payment of re-sampling charges must be received prior to BES incorporating sampling results into the rolling average.

(a)  Split samples.  The Director may allow samples collected by the City for the purpose of determining an extra-strength sewage charge to be split with the user, as provided for in administrative rule.

(3)  Non-routine Discharges.  The Director may allow the exclusion of monitoring data from samples collected during a non-routine discharge from use in calculating a ratepayer’s rolling average, using criteria defined in administrative rules.

b.  Extra-strength class averages.  The Director may establish a rate structure for users to be billed extra-strength charges based on the average discharge concentration of their business class.  Businesses subject to class-average extra-strength charges will be eligible for rate reductions based on the verifiable implementation of approved best management practices, using criteria established by administrative rule.

c.  Other charge computations.  If unusual effluent conditions make calculation by the measured rolling average or the extra-strength class-average method difficult or impossible, the Director may implement another method of sampling and computation.  The Director may establish custom rates based on site-specific conditions per the criteria in administrative rule.

3.  Billing.  Extra-strength charges are either included with the City utility bill or are billed separately by the City Auditor.  These charges are enforceable and collectable in the same manner as water and sewer user charges.  Failure to pay pursuant to Title 21 of this Code may be cause for termination of water and sewer services.

4.  Minimal charges; suspension.  The Director may establish a minimum revenue threshold for periodic extra-strength charges using the rolling average method.  The billing for all accounts with periodic extra-strength sewage charges below this minimum revenue threshold will be suspended or changed to the class average method until they increase beyond the revenue threshold again.

5.  Adjustments. The Director may adjust a user’s charges where applicable at any time in accordance with the most recent monitoring analysis.

B.  Building plan review charges.  Charges are collected by the Bureau of Development Services on behalf of BES for the review of building plans and land use proposals to ensure compliance with requirements for sewage disposal, stormwater management, pollution prevention and source controls, and for determining routes of service.

C.  Charges for Adoption of Nonconforming Sewer Lines.  An owner of a property connected to the public sewer by a nonconforming sewer line in a public right-of-way may request that the City adopt the nonconforming line under Subsection17.32.070 B.4. and associated administrative rules.  Adoption charges will be assessed as provided by Subsection 17.36.040 E.2.

D.  Industrial Wastewater Permit Charges.  Permitted users as identified in Chapter 17.34 must pay industrial wastewater permit charges based on the level of permit complexity, regulatory history, and amount of BES administrative oversight. Charge components are scaled based on whether an industrial discharger is a categorical industrial user, significant industrial user, or neither.  Charges are calculated from the actual costs of BES staff to provide such services as data entry, permit administration, inspection, and permit processing for industrial users.

E.  Batch Discharge Charges.  Users desiring City authorization for one-time discharges from their site must pay the batch discharge review charge.  This charge reimburses the City for site research, system capacity, and pretreatment evaluation for requested discharges.

F.  Discharge Authorization (DA) Charges.  A user seeking City authorization for on-going discharges from their site or typical business activity must pay a discharge authorization review charge.  This charge reimburses the City for site research, system capacity, and pretreatment evaluation for requested discharges.  DA charges will be assessed on a sliding scale depending on the level of review necessary for submittals provided or required to approve the DA request.

G.  Sampling Charges.  A discharger requesting City sampling and analysis assistance to support discharge authorization, permit, or other compliance activities will receive a specific cost estimate from BES.

H.  Sub-Meter Program Fees, Charges and Credits. A commercial ratepayer may elect or be directed to participate in the Sub-Meter Program to accurately assess sewer and stormwater management service user fees. A program participant is required to pay both the Water and the BES special meter charges for each meter in use, which are assessed on each billing cycle. Meter results will provide either credits or additional charges against the user’s bill as described in the Sub-Meter Program administrative rules PPD item ENB-4.32.

17.36.070 Service Outside the City.

A.   The City charges for the use of sanitary sewer and stormwater management services from properties outside the City based on annually established rates.

B.   Determination of whether a property is outside the City.  The Director determines whether any residential or business, industrial, commercial, institutional or other property is inside or outside of the City limits. For purposes of this Section, the property is outside of the City limits where 66.7 percent or more of the assessed valuation of the property is recorded in the records of the County Assessor as lying beyond the City limits.

C.   The Director may require and enter into agreements for and on behalf of the City permitting connection and providing sanitary sewer or stormwater management services to commercial and industrial properties outside the City when the Director finds such service feasible and appropriate.

17.36.080 Collection of Charges.

A.   All charges for services provided to a property are the responsibility of the ratepayer benefiting from or using City services at that property.  This responsibility will attach to the ratepayer’s subsequent City utility accounts and applies whether the ratepayer is the sole user of the services or furnishes them in turn to third parties.

B.   Billing due dates.  User charges are computed monthly, bimonthly, or quarterly, coincident with user charges for water service .

1.   When billed with the utility bill, user charges are due and payable on the date provided on the water service bill.  The City may prorate user charges for a portion of a utility billing period based on the effective date of the sanitary sewer or stormwater management service.

2.   For ratepayers who do not receive water service from the City, user charges will be computed and billed monthly, bimonthly, or quarterly.

C.   Collections.  Upon determination by the Director that a charge is past due or otherwise delinquent, the City may avail itself of the full range of actions authorized by City Code.

D.   Discontinuation of services.  Charges not paid in accordance with the due date in the bill or invoice may be subject to water shutoff pursuant to Title 21 of this Code.  The Director, with approval of the Commissioner-in-Charge, may also discontinue sanitary sewer service by disconnecting and plugging the sewer service line to properties whose delinquent user charges exceed $10,000 for a period of 90 days or more.  Ratepayers and property owners must be notified in writing of the City’s intent to disconnect the sewer not less than 30 days prior to disconnection.  Payment of the delinquent amount, including outstanding user charges or charges, accrued interest and collection costs, and all costs associated with disconnecting and reconnecting the sewer line, must be received by the City before the property may be reconnected to the sewer.  The delinquent amount remains the responsibility of the ratepayer. In the event a ratepayer who is not the owner terminates their lease and moves from a disconnected property before reconnection has occurred, the City will reconnect the property and collect the cost as well as all delinquent amounts from the ratepayer who originally incurred the charges.

17.36.090 Adjustment of Bills.

(Amended by Ordinance Nos. 187926 and 189506, effective June 21, 2019.)

A.  The Director may authorize an adjustment of up to $500 to a ratepayer’s utility account when it is deemed necessary for the proper conduct of the business of the Bureau to do so.

B.  When the Director determines that a billing error has occurred, the Director may authorize an adjustment of the ratepayer’s utility account for the period of the error, not to exceed 3 years from the date the error is identified.

C.  Except as set forth in this Subsection, a ratepayer’s eligibility for an adjustment will end 6 months after the date a final bill was issued for the subject account.  The Director may authorize an adjustment to the outstanding balance of a closed utility account more than 6 months after the issuance of the account’s final bill if:

1.  The ratepayer was billed for sanitary sewer services for a property that was not connected to the City’s sewer system;

2.  The error is discovered after the 6 month deadline for adjustments to a final bill;

3.  The request is made in writing by the ratepayer of record at the time the billing error occurred; and

4.  The adjustment is limited to the sanitary sewer user charge.

D.  Adjustments will be in the form of credits or additional charges to active utility accounts.  The Bureau may not issue refunds for billing adjustments unless approved by the Director.  Refunds are chargeable to the Sewer System Operating Fund.

E.  Ratepayers who receive a back billing or a delayed billing will be offered the opportunity to pay the balance due over a set period based on current City collection policies.

17.36.100 Inspection and Enforcement.

A.   Right of Entry.  To the full extent permitted by the law, the City has authority to enter all private and public premises at any time for the purpose of inspecting sources of potential or actual discharges to the City’s sewers and drainage systems and to perform any other lawful act required by or authorized under this Code or ordinances of the City, the Charter, or state or federal law.  This authorization includes but is not limited to inspection, sampling, testing, photographic documentation, record examination, copying, and installation of devices as necessary to conduct sampling, inspection, testing, monitoring and metering operations to determine compliance with the requirements of this Chapter.  City representatives shall not be required to sign any type of confirmation, release, consent, acknowledgement or other type of agreement as a condition of entry. 

B.   Conditions for Entry.

1.   The City representative shall present appropriate credentials at the time of entry.

2.   The City representative shall comply with routine safety and sanitary requirements of the facility or site to be inspected as provided by the facility operator at the time of entry.  The facility operator shall provide the City representative with any facility-specific safety protective equipment necessary for entry.

C.   Meter Tampering Unlawful.  It is unlawful to install, change, bypass, adjust, or alter any metering device or any piping arrangement connected therewith as to show the quantity of water reaching the public sewer under City control to be less than actual quantity.

D.   Sampling Tampering Unlawful.  It is unlawful to tamper in any manner with City-owned or City-installed sampling equipment or samples therefrom.

E.   Falsifying applications or records.  Ratepayers shown to have falsified applications and records may be subject to enforcement action.

F.   Enforcement Actions may include:

1.   Withholding of City services;

2.   Withholding of City permits;

3.   Reversal of credits.  Any credits awarded based on falsified data may be reimbursed to the City via additional charges on the City water and sewer bill.

G.   Civil Remedies.

1.   In addition to the remedies provided by any other provision of this Chapter, the City may obtain, in any court of competent jurisdiction, a judgment against a person or property failing to comply with the provision of this Chapter.  In any such action, the measure of damages shall be the costs for abatement by the City, administrative costs, permit charges, overhead costs, penalties, and other charges as determined by the Director. 

2.   In addition to any other remedy provided in this Chapter, the City Attorney, acting in the name of the City, may commence and maintain an action or proceeding in any court of competent jurisdiction to compel compliance with, or prevent by injunction, the violation of any provision of this Chapter. 

17.36.110 Administrative Review and Appeal.

(Replaced by Ordinance No. 186403; amended by Ordinance Nos. 186902 and 189750, effective November 29, 2019.)  A ratepayer, property owner or owner’s agent may request modification of a BES decision related to this Chapter as described in this Chapter via administrative review with BES staff, unless administrative review is limited by administrative rule. After the requestor has exhausted all BES administrative review, the requestor may appeal a BES decision to the Code Hearings Officer per PCC Title 22, unless appeal is limited by administrative rule.

Chapter 17.37 Downspout Disconnection

(Chapter replaced by Ordinance 182467, effective February 6, 2009.)

17.37.010 Purpose.

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

  1. The purpose of downspout disconnection is to remove stormwater from the combined sewer system to reduce the cost of large conveyance, storage, and treatment facilities needed to capture and treat stormwater or combined sewage.   

17.37.015 Rule Making.

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

17.37.020 Definitions.

(Replaced by Ordinance 185397; Amended by Ordinance 186403, effective February 1, 2014.) 

  1. For the purpose of this Chapter, the following definitions shall apply:
  2. A.  “Combined Sewer” means a sewer designed to convey both sanitary sewage and stormwater.
  3. B.  “Director" means the Director of the Bureau of Environmental Services or the Director’s designee.
  4. C.  “Disconnection” means physically plugging or capping the direct stormwater connection to a sewer and redirecting the stormwater either onto the surface of the property or under ground. This may require alterations to gutters, downspouts and landscaping.
    1. 1.  For properties that have a branch constructed to the edge of the property line from a public separated storm system, disconnection from the combined sewer may be accomplished by direct stormwater connection through a lateral to the public storm system. New storm connections to the City sewer or storm system are subject to the Stormwater Management Manual requirements for new connections to public systems.
    2. 2.  For properties where surface or underground disposal of roof water is not feasible, disconnection may include a curb cut which discharges roof water to a curbed street. New storm connections to the city sewer or storm system are subject to the Stormwater Management Manual requirements for new connections to public systems.
    3. 3.  New stormwater facilities are required to meet the requirements of the Stormwater Management Manual.
  5. D.  “Downspout” means the conductor that conveys storm water from the gutter on the exterior of a building or other structure to another place of disposal.
  6. E.  “Program area” means the boundaries of the Downspout Disconnection Program area as shown on the map in administrative rules.
  7. F.  “Workers Authorized By the Director” means, but is not limited to, City employees and contractors hired by the City.

17.37.030 Establishment of Downspout Disconnection Program.

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

  1. A.  Eligibility. Properties located within the boundaries of the disconnection area as shown on the map within the program administrative rules. A property is eligible for participation if the property:
    1. 1.  Meets the "residential use" criteria in PCC Chapter 33.920; or
    2. 2.  Meets the "commercial use" criteria in PCC Chapter 33.920, and has site conditions that would allow for safe and effective disconnection as identified in Section 17.32.040.
  2. B.  Deadlines. The Downspout Disconnection Program shall pursue the objective of managing stormwater directly connected to the combined sewer on eligible properties in the program area and removing necessary amounts of stormwater from the combined sewer no later than the deadlines in the Downspout Disconnection Program Administrative Rules. Deadlines may be met sooner based upon the schedule for the projects in specific sewer basins.
  3. C.  Procedures. Disconnection procedures and policies are described in the Downspout Disconnection Program Administrative Rules. All downspouts that are disconnected from the combined sewer through this program must conform to the disconnection methods or systems approved by the Director. Technical assistance will be provided to property owners, upon request, to determine the most appropriate method of stormwater management.
  4. D.  Access to Eligible Property. For the purpose of administering this code chapter, the Director or other workers authorized by the Director may, with consent from the property owner or occupant and upon production of proper identification, enter upon the land or premises of eligible property. The purpose of such entry is to survey a downspout to determine whether it is connected, to provide technical assistance regarding proper disconnection, to disconnect downspouts, to correct or otherwise fix disconnected downspouts, to reconnect downspouts that do not meet program standards, or to inspect downspouts which have been disconnected.
  5. E.  Ownership of private stormwater systems. The property owner shall own the new private stormwater management system and be responsible for ensuring that the new private system is properly maintained and operated.
  6. F.  Reconnection of disconnected downspouts at participating properties.
    1. 1.  Property owners in mandatory program areas are prohibited from reconnecting to the combined sewer unless the City determines that the disconnection poses a threat to health, safety or property and approves the reconnection. Homeowners must contact the Downspout Disconnection Program if they believe reconnection is necessary.
    2. 2.  Property owners in the voluntary area must contact the Downspout Disconnection Program if they plan to reconnect their downspout(s).

17.37.040 Disconnection Procedures.

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

17.37.050 Disconnection Reimbursement.

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

17.37.080 Program Enforcement.

(Amended by Ordinance 189750, effective November 29, 2019.) 

  1. Any property whose downspouts have not been granted an exception and remain connected to the combined sewer system in violation of Subsection 17.37.030 B.3. is hereby declared a nuisance and subject to abatement or correction.  Whenever the Director believes such a nuisance exists, a notice shall be posted on the property directing that the nuisance be abated or corrected.  The City retains the right to take any or all of the following enforcement actions if the property owner or their agent fails to abate this nuisance:
  2. A.  Summary abatement.  If the property owner or their agent continues to ignore or refuses to abate the declared nuisance, the City reserves the right to obtain an order from the City Code hearings officer to summarily abate the nuisance on subject property.  The City shall attempt to bill the property owner for the costs of disconnection from the combined sewer.
  3. B.  Civil Remedy.  The City shall have the right to obtain, in any court of competent jurisdiction, a judgment against the person or property failing to disconnect from the combined sewer in accordance with the provisions of Section 17.37.030.  In any such action, the measure of damages shall be the costs for abatement by the City, administrative costs, permit fees, overhead costs, penalties, and other charges as determined by the Director.
  4. C.  Court Action.  In addition to any other remedy provided in this Chapter, the City Attorney, acting in the name of the City, may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Chapter. 
  5. D.  Withholding of BES Services.  Except as provided elsewhere in this Title or when the public welfare is endangered; the Bureau of Environmental Services may at its discretion withhold from the owner(s) (or the owner’s agent) of disconnection delinquent property as defined in Section 17.37.030, any service that is provided by the Bureau.  This may include, but is not limited to:
    1. 1.  Refusal of acceptance of application for permits relating to development on any property of the said owner(s).
  6. This withholding may continue until the disconnection delinquency no longer exists
  7. E.  Administrative Review and Appeal.  Property owners or their agents may request an administrative review of a BES decision related to this Chapter, unless administrative review is limited by administrative rule. After the requestor has exhausted all BES administrative review, the requestor may file for an appeal with the Code Hearings Officer per PCC Title 22, unless appeal is limited by administrative rule.
    1. 1.  In the event that the City needs to enforce the terms of the Code Hearings Officer’s order referred to in Section 17.37.080, an administration fee of $300 for each occurrence and associated costs for each occurrence for enforcing the terms of the order shall be billed to the property owner of the property in accordance with the provisions of Chapter 22.06.  If the administrative fee remains unpaid after 90 days, the administrative fee shall be made a lien on the property in accordance with the provisions of Chapter 22.06.

17.37.110 Interference with Disconnection Activities Unlawful.

  1. It shall be unlawful for any person to attempt to obstruct, impede, or interfere with any officer, employee, contractor, agent, or authorized representative of the City whenever such officer, employee, contractor, agent, or authorized representative of the City is engaged in the work of disconnecting downspouts from the combined sewer under the authority of an order of the Code Hearings Officer issued pursuant to Subsection 17.37.080 C. above.

17.37.120 Liability.

  1. Neither the City nor any of its officers, employees, contractors, agents, or authorized representatives shall be liable for any damage to or loss of the real property of any improvements, emblements, or personal property thereon due to the enforcement or administration of this Chapter.

17.37.130 Civil Remedies.

  1. A.    In addition to the remedies provided by any other provision of this Chapter, the City shall have the right to obtain, in any court of competent jurisdiction, a judgment against the person or property failing to disconnect from the combined sewer in accordance with the provisions of Section 17.37.030.  In any such action, the measure of damages shall be the costs for abatement by the City, administrative costs, permit fees, overhead costs, penalties, and other charges as determined by the Director. 
  2. B.    In addition to any other remedy provided in this Chapter, the City Attorney, acting in the name of the City, may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Chapter. 

17.37.140 Notice Sufficiency.

  1. For the purposes of any noticing procedure as set forth by this Chapter, notice shall be deemed to have been received upon mailing of that notice.  An error in the name of the owner or agent of the owner or the use of a name other than that of the true owner or agent for the property shall not render the notice void.

17.37.150 Bureau Actions.

  1. All City Bureaus shall, to the fullest extent consistent with their authority, carry out their programs in such a manner as to further the provisions of this Title, and shall cooperate to the fullest extent in enforcing the provisions of this Chapter.

17.37.160 Severability.

  1. If any provisions of this Chapter, or its application to any person or circumstances, is held to be invalid, the remainder of this Chapter, or the application of the provision to other persons or circumstances, shall not be affected.

Chapter 17.38 Drainage and Water Quality

(Chapter replaced by Ordinance 190166, effective November 13, 2020.)

17.38.010 Authority.

  1. The Director of Environmental Services is responsible for administering the requirements of this Chapter.  The Director has the authority and responsibility to adopt rules, procedures, and forms to implement the provisions of this Chapter.

17.38.015 Intent.

  1. The intent of this Chapter is to provide for the effective management of stormwater, groundwater, and drainage, and to protect and improve water quality in the city of Portland.

17.38.020 Definitions.

  1. For the purposes of this Chapter, the following definitions apply:
  2. A.  "Capacity" means the flow volume or rate for which a specific facility is designed to safely contain, receive, convey, infiltrate, or reduce pollutants from sanitary sewage, stormwater, wastewater, or other discharge in order to meet a specific performance standard.
  3. B.  “Conveyance” means the transport of sanitary sewage, stormwater, wastewater or other discharge from one point to another point.
  4. C.  "Director" means the Director of the Bureau of Environmental Services, or the Director’s designee.
  5. D.  “Discharge” means any disposal, injection, dumping, spilling, pumping, emitting, emptying, leaching, leaking or placing of any material so that such material enters or is likely to enter a water body, groundwater, or a public sewer and drainage system.
  6. E.  “Discharge Point” means the connection point of a site to a receiving system.
  7. F.  “Discharge Rate” means the rate of flow of a discharge expressed in a unit of volume per unit of time.
  8. G.  “Drainage Reserve” means the regulated area adjacent to and including a drainageway. A drainage reserve is required to protect the water quality and hydrology of the drainageway.
  9. H.  "Drainageway" means a constructed or natural channel or depression that may at any time collect and convey water. A drainageway and its drainage reserve function together to manage flow rate, volume, and water quality. A drainageway may be permanently or temporarily inundated.
  10. I.  “Groundwater” means subsurface water that occurs in soils and geological formations that are fully saturated.  Groundwater fluctuates seasonally and includes perched groundwater.
  11. J.  “Groundwater Discharge” means a discharge of water pumped or directed from the ground. Groundwater discharges include but are not limited to subsurface water from site remediation and investigations, well development, Brownfield development, discharges from footing and foundation drains, and subsurface water associated with construction or property management dewatering activities.
  12. K.  "Impervious Surface" means any surface that has a runoff coefficient greater than 0.8 (as defined in the City’s Sewer and Drainage Facilities Design Manual).  Types of impervious surfaces include rooftops, traditional asphalt and concrete parking lots, driveways, roads, sidewalks and pedestrian plazas. Slatted decks and gravel surfaces are considered pervious unless they cover impervious surfaces or unless gravels are compacted to a degree that causes their runoff coefficient to exceed 0.8.
  13. L.  “Infiltration” means the percolation of water into the ground.  Infiltration is often expressed as a rate (unit of distance per unit of time) that is determined through an infiltration test.
  14. M.  "Pollutants of Concern" means constituents identified by the Oregon Department of Environmental Quality or Bureau of Environmental Services (BES) as having the potential to have a negative impact on the receiving system. Pollutants of concern can include suspended solids, metals, nutrients, bacteria and viruses, organics, volatiles, semi-volatiles, floatable debris and increased temperature.
  15. N.  "Practicable" means available and capable of being done as determined by the Director, after taking into consideration of factors such as cost, resources, existing technology, and logistics in light of overall project purpose.
  16. O.  “Public Right-of-Way” means the area within the confines of a dedicated public street, an easement owned by the City, or other area dedicated for public use.
  17. P.  “Receiving System” means any system that may receive stormwater or other discharges. Receiving systems include, but are not limited to: surface water bodies, groundwater, and sewer or drainage systems. 
  18. Q.  "Redevelopment" means any development activity that requires demolition or removal of existing structures or impervious surfaces at a site and replacement with new impervious surfaces. Stormwater management requirements for redevelopment are found in the Stormwater Management Manual.
  19. R.  “Source Control” means a structural or operational measure to prevent or control the release or potential release of pollutants generated by certain site characteristics and uses.
  20. S.  “Stormwater” means water that originates as precipitation on a particular site, basin, or watershed.
  21. T.  “Stormwater Management" means techniques used to reduce pollutants from, detain, retain, or provide a discharge point for stormwater. 
  22. U.  "Stormwater Management Facility” means a facility or other technique used to reduce volume, flow rate or pollutants from stormwater. Stormwater management facilities may reuse, collect, convey, detain, retain, treat, or provide a discharge point for stormwater.
  23. V.  “Temporary Structure” means a structure that is separate and distinct from all other structures and is created and removed in its entirety within three years, including all impervious area associated with the structure.
  24. W.  "Tract" means a parcel of land designated as part of a land division per Title 33 that is not a lot, lot of record, or a public right-of-way.
  25. X.  “Waters of the State” as defined by state law.
  26. Y.  “Waters of the US” as jointly defined by the US Army Corps of Engineers and the Environmental Protection Agency.
  27. Z.  "Wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and similar areas except those constructed as pollution reduction or flow control facilities wholly outside Waters of the US and Waters of the State.

17.38.030 Protection of Drainageway Areas.

  1. A.  Authority.  The Director may require drainage reserves or tracts over seeps, springs, wetlands and drainageways as necessary to maintain or improve hydrologic conveyance and water quality of natural and constructed channels, ditches, seeps, springs, intermittent flow channels and other open linear depressions.  Standards and criteria for imposing drainage reserves or tract requirements are adopted by administrative rule. Placement or sizing of drainage reserves does not relieve property owners of their responsibility to manage stormwater in a manner that complies with the duties of property owners under applicable law.
  2. B.  Required Management of a Drainage Reserve. Drainage reserves and tracts must be maintained to protect hydrology and water quality. No encroachments, such as but not limited to structures, culverts, excavations, or fills, may be constructed in drainage reserves or tracts unless authorized by the BES Chief Engineer.  All changes must also comply with other regulations as described in Title 33 and Title 24.
  3. C.  Implementation.  BES will identify drainageways and place drainage reserves as specified in the Stormwater Management Manual.

17.38.035 Drainage Management Policies and Standards.

  1. A.  Stormwater must be managed in as close proximity to the development or redevelopment site as is practicable, and stormwater management must avoid a net negative impact on nearby streams, wetlands, groundwater, and other water bodies.  All local, state, and federal permit requirements related to implementation of stormwater management facilities must be met by the owner/operator prior to facility use. Surface water discharges from onsite facilities must be discharged to a receiving system approved by BES.
    1. 1.  The City may enter into agreements with property owners to manage stormwater flows through methods other than onsite controls:
      1. a.  In joint facilities where public and private property flows co-mingle.
      2. b.  In offsite areas that are “traded” for required onsite management areas related to new development and redevelopment.  The City may require more than a 1:1 exchange on the amount of required management area.
    2. 2.  All discharges from a site must be routed through a discharge point to a receiving system as approved by the Director. Approval of discharge points  is subject to the following:
      1. a.  The discharge must be conveyed along a route of service approved by the Director.
      2. b.  The discharge point must comply with the following:
        1. (1)  The Sewer and Drainage Facilities Design Manual and the Source Control Manual, for sanitary, wastewater, or other discharges to the sanitary or combined system.
        2. (2)  The Stormwater Management Manual and the Source Control Manual, for stormwater and other discharges to the City’s storm and drainage system, groundwater, or surface water.
  2. B.  The quality of stormwater leaving the site after development or redevelopment must be equal to or better than the quality of stormwater leaving the site before development or redevelopment, to the extent practicable, based on the following criteria:
    1. 1.  Except as allowed under Subsection B.2. below, the development or redevelopment will fully treat all stormwater:
      1. a.  Onsite;
      2. b.  Within the original parcel from which the new parcel was created; or
      3. c.  In an approved offsite facility with sufficient capacity, as determined by the Bureau.
    2. 2.  The owner of a development or redevelopment with a stormwater discharge that cannot practicably comply with Subsection B.1. above may, with written BES approval, meet stormwater requirements by:
      1. a.  Managing stormwater in an offsite facility designed to treat flows from the subject property and managed by the site developer/owner or another legal agent:
      2. b.  Managing stormwater in an offsite facility designed to treat flows from the subject property and operated by the City; or
      3. c.  Paying a stormwater offsite management fee as required by the Stormwater Management Manual. The stormwater offsite management fee collected will be placed in a mitigation account to be used to mitigate the impacts that arise from offsite discharge of stormwater.
    3. 3.  Stormwater management facilities required for development or redevelopment must be designed, installed and maintained in accordance with the Stormwater Management Manual.
    4. 4.  Land use activities of particular concern as pollution sources may be required to implement additional pollution controls and source controls including but not limited to those management practices specified in the Stormwater Management Manual and the Source Control Manual.
    5. 5.  Development or redevelopment in a watershed that drains to streams with established Total Maximum Daily Load limitations, as provided under the Federal Clean Water Act, Oregon Law, Administrative Rules and other legal authorities,  must ensure that stormwater management facilities meet the requirements for pollutants of concern, as stated in the Stormwater Management Manual.
    6. 6.  The Director is authorized to exempt land uses, discharge locations or other areas of the city from the requirements of this Subsection if onsite pollution reduction or pollution control is not needed or desirable due to limited pollutant loads or offsite methods of pollution control are available.  All exemptions are specified in the Stormwater Management Manual and the Source Control Manual.
  3. C.  The quantity and flow rate of stormwater leaving the site after development or redevelopment must be equal to or less than the quantity and flow rate of stormwater leaving the site before development or redevelopment, as much as is practicable, based on the following criteria:
    1. 1.  Except as allowed under Subsection C.2. below, stormwater will be fully managed:
      1. a.  Onsite;
      2. b.  Within the original parcel from which the new parcel was created; or
      3. c.  In a privately developed offsite facility with sufficient capacity, as determined by the Bureau.
    2. 2.  The owner of a development or redevelopment with stormwater discharges that cannot practicably comply with Subsection C.1. above may, with written BES approval, meet stormwater requirements by either:
      1. a.  Managing stormwater in an offsite facility designed for the volume and rate of flows from the subject property and managed by the site developer/site owner or another legal agent;
      2. b.  Managing stormwater in an offsite facility designed for the volume and rate of flows from the subject property and operated by the City; or
      3. c.  Paying a stormwater offsite management fee as required by the Stormwater Management Manual. The fee collected will be placed in an account to be used to mitigate the impacts of offsite discharges of stormwater. 
    3. 3.  Development and redevelopment must mitigate all project impervious surfaces through retention and on-site infiltration to the maximum extent practicable.  Where on-site retention is not possible, development and redevelopment must detain stormwater through a combination of measures that prevent an increased rate of flow leaving a site during a range of storm frequencies as specified in the Stormwater Management Manual.
    4. 4.  The Director is authorized to exempt areas of the city from the quantity control requirements if flow control is not needed or desirable because there is sufficient capacity and limited impacts to the receiving drainage system.  All exemptions will be specified in the Stormwater Management Manual.
    5. 5.  Any development or redevelopment that discharges to a tributary of the Willamette River, other than the Columbia Slough, must design stormwater management facilities to minimize hydromodification impacts from storm events as determined by the Director.
    6. 6.  Site drainage facilities must be designed to safely convey less frequent, higher flows through or around stormwater management facilities and to an approved discharge point with adequate capacity without damage to the receiving system, whether natural or constructed.
  4. D.  The pumping and discharge of groundwater to a City receiving system may be allowed only after a BES Discharge Authorization has been obtained, as required in the Source Control Manual. The application for that authorization must demonstrate that groundwater discharges must meet the associated requirements in the Source Control Manual and Chapters 17.34 and 17.39, which govern both quality and quantity of groundwater discharges.
  5. E.  All conveyance systems must be analyzed, designed and constructed for existing tributary offsite stormwater and developed onsite stormwater from the proposed project in compliance with the City's Sewer and Drainage Facilities Design Manual.  The general goal of these standards is to convey both onsite and offsite waters in a way that meets the capacity needs of the City conveyance system, is protective of public health and safety, and minimizes environmental impacts in the downstream receiving system.
  6. F.  All stormwater management facilities, source controls, and drainage systems must comply with the standards of the Stormwater Management Manual and the Source Control Manual and may require permit review and approval before commencement of work.  Public systems must be reviewed and approved by BES in compliance with the sizing and location standards in the Stormwater Management Manual.  Private onsite systems must be reviewed and approved by BES for compliance with the stormwater hierarchy and other guidance specified in the Stormwater Management Manual and the Source Control Manual, and may be reviewed by Bureau of Development Services for compliance with the plumbing code regulations in Section 25.01.020.  Installation or modification of any stormwater system or source control, whether it involves structural changes, changes to planting schemes, or the management of drainage area in addition to what was previously approved, may require a permit from or review by the BES Chief Engineer.

17.38.040 Stormwater and Water Quality Management Required.

  1. A.  Applicability.  Unless exempt by rule, sites that propose one or more of the following site improvements or site activities must comply with the standards of the Stormwater Management Manual and the Source Control Manual to the extent each applies under its respective terms:
    1. 1.  A project that develops or redevelops 500 square feet or more of impervious area must manage stormwater for retention, pollution reduction, and flow and volume control requirements as spelled out in this Chapter;
    2. 2.  Modification to or construction of new areas with pollution-generating activities of concern as identified by rule.  These areas must be constructed with applicable onsite controls;
    3. 3.  New connections or new drainage areas routed into a receiving system or from one receiving system to another.  These connections most often are generated from decommissioning of private, onsite drainage or groundwater related systems;
    4. 4.  A retrofit project that will install new stormwater management or source control facilities to manage and treat stormwater from existing impervious surfaces or sites uses;
    5. 5.  A project to upgrade nonconforming landscaping in order to meet the requirements of Title 33. These upgrades must include designs for new or upgraded landscaped areas to manage parking lot stormwater according to the Stormwater Management Manual and Source Control Manual;
    6. 6.  Property with a drainageway that requires a drainage reserve.
  2. B.  No plat, site plan, building permit, tenant improvement, public works project, or any improvement requiring a City permit will be approved unless the conditions of the plat, permit or plan approval requires installation of permanent stormwater management facilities and source controls designed according to standards or guidelines established by the Director and as specified in the Stormwater Management Manual and the Source Control Manual.

17.38.041 Operations and Maintenance Requirements.

  1. A  The owner of a development or redevelopment site that must comply with the standards of the Stormwater Management Manual or the Source Control Manual, to the extent each applies under its terms, must submit an operations and maintenance (O & M) plan and complete an O & M form for the required stormwater management and source control facilities for review and approval by the Director, unless otherwise exempted by the Stormwater Management Manual or Source Control Manual.
    1. 1.  The information required in the O & M plan must satisfy the applicable requirements in the Stormwater Management Manual and Source Control Manual, as determined by the City.
    2. 2.  A stormwater management facility that receives stormwater from a public right-of-way will be considered a public facility, and maintained by the City, unless the associated right-of-way is not part of the City’s road maintenance system.
    3. 3.  The City may enter into agreements with property owners to maintain stormwater facilities in joint facilities where public and private property flows commingle.
    4. 4.  Failure to properly operate or maintain a stormwater management or source control facility according to the O & M plan may result in an enforcement action, including a civil penalty, as specified in Section 17.38.045.
    5. 5.  A stormwater management facility that serves more than one lot must be clearly identified as being owned in common by all of the owners of the lots served by the facility, a homeowners’ association, a public agency, or a nonprofit organization. If the facility is owned in common, all of the owners are equally responsible for its O & M.
    6. 6.  A copy of the O & M plan and O & M form must be filed with the Bureau of Environmental Services.  Staff may require the O & M plan and O & M form to be recorded and filed with the appropriate county Department of Assessment and Taxation.
    7. 7.  It is a violation of this Chapter to remove or modify a stormwater management facility in a manner that will or could deviate from permitted site plans, without prior written approval from BES.
  2. B.  The Director may file instruments in county deed records to inform future property owners of regulations and conditions of approval related to the property as provided in this Chapter and associated rules, including the Stormwater Management Manual.

17.38.043 Inspections.

  1. A.  Right of Entry. To the extent permitted by law, BES may enter all private and public premises at any time for the purpose of inspecting for potential violations or connections or for any other lawful purpose required by or authorized under this Code or ordinances of the City, the Charter, or state or federal law. This authorization includes but is not limited to inspection, sampling, testing, photographic documentation, record examination, copying, and installation of devices. Entry may not be conditioned upon BES representatives signing any type of confirmation, release, consent, acknowledgement, or other type of agreement.
  2. B.  Entry Protocols.
    1. 1.  The BES representative will present a City photo identification card at the time of entry.
    2. 2.  The BES representative will comply with reasonable, routine safety and sanitary requirements of the facility or site as provided by the facility operator at the time of entry. The facility operator must provide the BES representative with any facility-specific safety protective equipment necessary for entry.

17.38.045 Enforcement.

  1. A.  Violations. It is a violation for any person to fail to comply with the requirements of this Chapter and associated rules. Each day a violation occurs or continues may be considered a separate violation. BES will determine, subject to reasonable rebuttal evidence, the person or persons responsible for compliance including, but not limited to, the owner or owners of the facility, the owner or owners of the property, anyone known or suspected to have caused the violation, or any combination thereof. Violations of this Chapter or associated rules include, but are not limited to:
    1. 1.  Failure to construct stormwater management or source control facilities to the standards of the City’s Stormwater Management Manual, Source Control Manual or Section 17.38.035;
    2. 2.  Failure to comply with a written order of the Director, made under authority of this Chapter, within the specified time;
    3. 3.  Failure to comply with any condition of an O & M plan or agreement issued under the authority of this Chapter or rules within a specified time;
    4. 4.  Failure to maintain a stormwater management or source control facility leading to a potential or actual operating deficiency of the facility;
    5. 5.  Failure to have a properly recorded, accurate O & M form or plan, as appropriate, on file with BES;
    6. 6.  Failure to comply with enforcement actions as identified in the BES Enforcement Program Administrative Rules;
    7. 7.  Failure to comply with drainage reserve rules in the City’s Stormwater Management Manual.
  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 permits, violation 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.
  3. C.  Civil Penalties. Persons 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.  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.  City Summary Abatement. To the extent permitted by law, the Director may recover from the person or persons responsible for the violation all costs incurred by the City to summarily abate 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 City Code or associated rules.
  5. E.  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 that BES determines caused, contributed to, or benefitted from the violation in order to recover the costs of the abatement.
  6. F.  Cost Recovery.  The Director may recover from the person or persons responsible all reasonable costs incurred by the City that are attributable to or associated with the violations of this Chapter or associated rules.
  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.

17.38.050 Erosion Control Required.

  1. All construction work on property or in the public right-of-way within the City of Portland must comply with Title 10, Erosion and Sediment Control Regulations.

17.38.055 River Restoration Program.

  1. BES may implement river, stream, wetland and associated habitat restoration programs including, but not limited to, a mitigation bank and in-lieu fee program for implementation of Titles 17, 24, and 33provisions. BES may accept funds from in-lieu fees, mitigation bank credits, donations, program administrative fees, and other sources and may expend such funds for environmental restoration, enhancement and improvement activities.

17.38.060 Compliance Cases, Administrative Reviews and Appeals.

  1. A.  Administrative Reviews and Appeals. A person may request a modification to a BES decision related to this Chapter via an administrative review with BES staff, unless administrative review is limited by administrative rule. After the requestor has exhausted all BES administrative reviews, the requestor may file for an appeal with the Code Hearings Officer per PCC Title 22 unless appeal is limited by administrative rule.
  2. B.  BES Code Compliance Cases. BES may file a case before the Code Hearings Officer under Title 22 to compel compliance with City regulations. The person committing the violation will be offered the opportunity to present evidence.

17.38.070 Conflict.

  1. Except as expressly provided by the City Council, this Chapter supersedes all ordinances or elements of ordinances to the extent that they are inconsistent with or conflict with any part of this Chapter.

17.38.080 Severability.

  1. If any provision, paragraph, word, or Section of this Chapter or associated administrative rules is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections will not be affected and will continue in full force and effect.

Chapter 17.39 Storm System Discharges

(Chapter replaced by Ordinance 184898; effective October 28, 2011.)

17.39.010 Intent.

  1. The Bureau of Environmental Services (BES) is authorized to facilitate the development and management of the City’s storm sewer and drainage system facilities to adequately convey, manage and protect the water quality of discharges of stormwater runoff.  This Chapter applies to the City storm sewer and drainage systems as defined in this Chapter.  This Chapter provides BES the authority to ensure these systems are operated in a manner that protects public health and the environment.

17.39.020 Definitions.

(Replaced by Ordinance 185397; Amended by Ordinances 186403, 186902 and 189506, effective June 21, 2019.)

  1. As used in Chapter 17.39:
  2. A.  “Capacity” means the flow volume or rate for which a specific facility is designed to safely contain, receive, convey, infiltrate, or reduce pollutants from sanitary sewage, stormwater, wastewater, or other discharge in order to meet a specific performance standard. 
  3. B.  “City Storm Sewer and Drainage System” means a City conveyance or system of conveyances, including but not limited to pipes, pumps, drainage ditches, constructed channels, groundwater-related disposal systems, underground injection control devices, stormwater management facilities, and storm drains, that are designed or used to collect and transport stormwater. “City Storm sewer and drainage system” does not include natural streams, creeks, ponds, lakes, a combined sewer, or part of a Publicly Owned Treatment Works, as defined in 40 CFR 122.2.
  4. C.  “Clean Water Act (CWA)” is the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.).
  5. D.  “Code of Federal Regulations (CFR)” means the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government.
  6. E.  “Director” means the Director of the Bureau of Environmental Services or the Director's designee.
  7. F.  “Discharge” means is any disposal, injection, dumping, spilling, pumping, emitting, emptying, leaching, leaking or placing of any material so that such material enters or is likely to enter a waterbody, groundwater or a public sewer and drainage system.
  8. G.  “Discharge Authorization (DA)” means a written approval by the Director which prescribes certain requirements or restrictions for a discharge to the City sewer and drainage system.
  9. H.  “Discharger” means any person who causes or permits a direct or indirect discharge to the City sewer and drainage system.
  10. I.  “Groundwater” means subsurface water that occurs in soils and geological formations that are fully saturated.  Groundwater fluctuates seasonally and includes perched groundwater.
  11. J.  “Groundwater Discharge” means a discharge of water pumped or directed from the ground. Groundwater discharges include but are not limited to subsurface water from site remediation and investigations, well development, Brownfield development, discharges from footing and foundation drains, and subsurface water associated with construction or property management dewatering activities.
  12. K.  “Illicit Connection” means any connection to the City’s storm sewer and drainage system not approved by the City or not in compliance with a valid City permit.
  13. L.  “Illicit Discharge” means any discharge to the storm sewer and drainage system that is not composed entirely of stormwater and is not authorized under Sections 17.39.030 or 17.39.040.
  14. M.  “Interference” means a discharge that, alone or in conjunction with other discharges, inhibits or disrupts the normal operation of the City’s storm sewer and drainage system or contributes to a violation of any requirement of the City’s NPDES Municipal Separate Storm Sewer System Discharge Permit.  This includes any increase in the magnitude or duration of a violation, any increase in cost due to damage to the system, and any requirement for specialized treatment of stormwater caused by such a discharge.
  15. N.  “National Pollutant Discharge Elimination System (NPDES)” means the Clean Water Act (40 CFR Part 122) regulations that require dischargers to control and reduce pollutants in discharges to waters of the United States.
  16. O.  “Pollutant” means an elemental or physical material that can be mobilized or dissolved by water or air and that could create a negative impact to human health, safety, or the environment.
  17. P.  “Process Wastewater” means any water used during manufacturing or processing that comes into direct contact with or results from the production, or handling of a raw material, intermediate product, or finished product, including any by-product or waste product. 
  18. Q.  “Representative Sample” means a sample that is collected by grab, composite or other technique that adequately reflects the quality of sediments or discharge for a specific area or entire site. Sampling shall be conducted in accordance with 40 CFR Part 136 or a method approved by EPA or BES.
  19. R.  “Sampling Manhole” means a monitoring access point, such as a manhole in a sewer lateral, that is acceptable to BES and that allows for observation, sampling, or measurement of all discharges to the City’s sewer or drainage system.
  20. S.  “Stormwater” means water that originates as precipitation on a particular site, basin, or watershed.
  21. T.  “Toxic Substance” means any chemical listed in Oregon’s water quality standards for toxic pollutant tables in OAR, Division 340-041-033; the CWA effluent guidelines list of toxic pollutants at CFR 401.15; or the toxic chemical release reporting specific toxic chemical listings at 40 CFR 372.65 at concentrations specified in those lists or, if no concentration is specified, at concentrations determined pursuant to BES Storm and Drainage Discharge Rules.
  22. U.  “Underground Injection Control (UIC) System” means any system or structure that is intended to discharge fluids below the ground surface.  Examples of UICs include, but are not limited to sumps, drywells, trench drains, and infiltration galleries.
  23. V.  “UIC Water Pollution Control Facility (WPCF) Permit” means the Safe Drinking Water Act (40 CFR Part 144) and Oregon Administrative Rules (OAR 340-44) regulating the construction and operation of Class V UICs for stormwater discharges.

17.39.030 Allowable Discharges.

(Amended by Ordinance 186902, effective December 26, 2014.)

  1. The following discharges are allowed to enter the City storm sewer and drainage system without notice to or authorization from the City unless required under administrative rules:
  2. A.  Stormwater that does not contain toxic substances and is not otherwise prohibited.
  3. B.  Non-stormwater discharges authorized by the City’s Water Pollution Control Facility (WPCF) Class V Underground Injection Control (UIC) or NPDES Municipal Storm Sewer System (MS4) Discharge permit, except for those discharges subject to the use of BMPs by administrative rule.

17.39.040 Prohibited Discharges.

(Amended by Ordinance 186403, effective February 1, 2014.) 

  1. The following discharges to the City’s storm sewer and drainage system are prohibited:
  2. A.  Any discharge in violation of the conditions of the discharger’s NPDES or other permit or authorization.
  3. B.  Any discharge that is intentionally routed to City UIC systems.
  4. C.  Any discharge with any of the following characteristics or materials:
    1. 1.  A pH outside the range of applicable water quality standards in OAR Division 340-041;
    2. 2.  A visible sheen;
    3. 3.  A visible discoloration including, but not limited to, those attributable to dyes and inks, except for non-toxic dyes used or approved by the City to investigate the potential source of an illicit connection;
    4. 4.  Heat that could damage or interfere with any element of the City’s storm sewer and drainage system or that causes or contributes to a violation of the receiving-water temperature standards;
    5. 5.  Toxic substances at concentrations that cause or contribute to violations of in-stream water quality standards set by DEQ or that exceed remedial action goals defined in a DEQ or EPA Record of Decision for the protection of surface water or sediment;
    6. 6.  Refuse, rubbish, garbage, discarded or abandoned objects, articles, or accumulations of discharges that contain visible floating solids;
    7. 7.  A process wastewater, unless authorized to discharge under a DEQ permit;
    8. 8.  A volume that causes or contributes to an exceedance of the planned capacity of the storm sewer and drainage system, as established by the Director;
    9. 9.  Liquids, solids, or gases which, either alone or by interaction, could cause a fire or an explosion including:  waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius (using test methods described by 40 CFR 261.21); or discharges which cause the atmosphere in any portion of the City’s storm sewer and drainage system to reach a concentration of 10 percent or more of the Lower Explosive Limit per National Institute for Occupational Safety and Health standards;
    10. 10.  A substance that causes or may cause a nuisance, hazard, interference, obstruction or damage to the City’s storm sewer and drainage system, City personnel, the general public, receiving waters, or associated sediments; or
    11. 11.  Any substance that causes or contributes to a violation of the terms of the City’s NPDES MS4 Discharge Permit or Water Pollution Control Facility (WPCF) for Class V UIC Permit or in-stream water quality standards set by the State of Oregon.
  5. D.  Existing Discharges.  Dischargers found to violate Section 17.39.040 may be required to obtain a BES discharge permit or authorization or the discharge may be terminated regardless of past acceptance by the City.

17.39.050 Notification and Control of Illicit Connections and Discharges.

(Amended by Ordinances 186403 and 186902, effective December 26, 2014.)

  1. A.  Notification by telephone must be provided to BES and other authorities as applicable for the following conditions:
    1. 1.  Illicit Connections.  Notice must be provided within twenty-four hours after discovery of an illicit connection to the City’s storm sewer and drainage system. 
    2. 2.  Illicit Discharges.  Notice must be provided immediately after discovery of the illicit discharge. Written reports must also be submitted to BES within five days of discovery of an illicit discharge or as otherwise specified by a BES discharge permit or authorization.
  2. B.  Control and Abatement.  Dischargers shall immediately take all reasonable steps to minimize the effects of an illicit discharge to the City storm sewer and drainage system or any waters of the state. These actions may include cleaning the impacted public and private system components under City direction or performing additional monitoring to determine the nature and extent of the discharge. 
  3. C.  Protection of City Systems.  Dischargers must eliminate or control direct or indirect spills or discharges into the City’s storm sewer and drainage system.  The Director may require dischargers to make structural or operational modifications to their facilities, equipment, or drainage systems or to take other measures to  protect the City’s storm sewer and drainage system.  Such structures and site modifications must be reviewed and approved by the Director to determine sufficiency.  A permit or permit review may be required.

17.39.060 Discharge Permits and Other Authorizations.

(Amended by Ordinances 186403 and 189506, effective June 21, 2019.)

  1. A.  BES discharge permit or authorization may be required for discharges not subject to NPDES or UIC WPCF permit requirements for discharges that would:
    1. 1.  Interfere with or harm the City storm sewer and drainage system;
    2. 2.  Contribute to a violation of the City's NPDES stormwater discharge permit;
    3. 3.  Contribute to a violation of the City’s UIC WPCF stormwater permit;
    4. 4.  Degrade the receiving surface water or groundwater; or
    5. 5.  Have a negative effect on human health, safety or the environment.
  2. B.  A BES discharge permit or authorization request must be submitted and approved before non-routine or one-time discharges of materials except for those discharges that are allowed under Section 17.39.030.
  3. C.  A discharge request must be submitted and BES must approve or deny the permit before continuous or routine discharge occurs of materials other than stormwater that are not allowed under Section 17.39.030.  A discharger must apply for a BES discharge permit or authorization when required by BES either at the time of development application or at the time of discovery of a discharge meeting the criteria of Subsection 17.39.060 A.
  4. D.  The discharger must allow site inspections by BES to verify site conditions or submit additional information, reports and plans as part of the DA or BES discharge permit request, such as:
    1. 1.  A Stormwater Pollution Control Plan (SWPCP), which describes measures to eliminate, reduce and control the level of pollutants in discharges;
    2. 2.  An Accidental Spill Prevention Plan (ASPP), which documents facility or discharger-specific spill response procedures and describes measures to prevent the release of prohibited or deleterious materials to the City storm sewer and drainage system;
    3. 3.  A Best Management Practices (BMP) Plan which describes actions to reduce or eliminates pollutants and hydrologic impacts associated with a discharge; or
    4. 4.  Monitoring data to characterize the types and loads of pollutants in the discharges.
  5. E.  The Director shall provide the discharger written notice of approval or denial of the request to discharge and information on how to request further administrative review of the decision.
  6. F.  Any new or potential discharger identified through the City’s development review process shall undergo a source control review.  Such review shall identify any site controls, City permit, or DA submittals needed to approve and accept any new discharge.

17.39.070 Inspections.

(Amended by Ordinance 186192, effective September 6, 2013.)

  1. A. Right of Entry.  To the full extent permitted by the law, BES may enter all private and public premises at any time for the purpose of inspecting for potential violations, connections or for any other lawful purpose required by or authorized under this Code or ordinances of the City, the Charter, or state or federal law.  This authorization includes but is not limited to inspection, sampling, testing, photographic documentation, record examination, copying, and installation of devices.  Entry may not be conditioned upon BES representatives signing any type of confirmation, release, consent, acknowledgement or other type of agreement. 
  2. B. Entry Protocols.
    1. 1. The BES representative will present a City photo identification card at the time of entry.
    2. 2. The BES representative will comply with reasonable, routine safety and sanitary requirements of the facility or site to be inspected as provided by the facility operator at the time of entry.  The facility operator must provide the BES representative with any facility-specific safety protective equipment necessary for entry. 

17.39.080 Sampling.

(Amended by Ordinances 186403 and 186902, effective December 26, 2014.) 

  1. BES may sample or require a discharger to provide a representative sample of any discharge, or any material intended to be discharged, for the purposes of characterization or to determine compliance with Section 17.39.040, applicable permit conditions, DEQ or EPA requirements, or BES discharge permit or authorization.
  2. A.  Dischargers may submit monitoring data gathered for other purposes that also satisfies these requirements.  Dischargers shall conduct sampling and analysis in accordance with 40 CFR Part 136 or other EPA- or BES-approved methods.
  3. B.  All dischargers with continuous or routine discharges must provide a sampling manhole or other City-approved sampling location upstream of the physical connection or discharge point into the City system.  City access to the sampling location must be provided.

17.39.090 Reporting Requirements.

  1. A.  Reports.  Dischargers may be required to submit reports or other technical information needed to determine compliance with this Chapter.  Such reports may include evaluations of site conditions, visual observations of discharges, discharge sampling results, summaries of operational and maintenance activities, compliance schedules for implementing remediation activities, or other information as requested by the Director to characterize discharges and site conditions.  The City may accept reports required by NPDES or other discharge permits.  Reports shall be submitted in a timely manner as required by the Director.
  2. B.  Fraud and False Statements.  Dischargers making false statements in any submittal, report or other document required by this Chapter or associated rules shall be subject to the enforcement provisions of this Chapter and any other applicable local and state laws and regulations.

17.39.100 Records Retention.

  1. Dischargers subject to this Chapter shall maintain and preserve for no fewer than five years any records, books, documents, memoranda, reports, correspondence and document summaries relating to observation, sample collection and analysis conducted in order to comply with this Chapter or associated rules.  All records that are the subject of any enforcement or litigation activities brought by the City shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

17.39.110 Enforcement.

(Replaced by Ordinance 186192; Amended by Ordinance 186403, effective February 1, 2014.)

  1. A.  Violations. It is a violation for any person 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 will hold the person or persons solely responsible for complying with BES enforcement actions. Violations of this Chapter or associated rules include, but are not limited to:
    1. 1.  Discharges with any of the attributes of the prohibited discharge list of Section 17.39.040;
    2. 2.  Failure to meet any requirement or condition of a BES discharge permit or authorization, including exceedances of a discharge limit, issued under the authority of this Chapter or associated rules;
    3. 3.  Failure to comply with a BES discharge permit or authorization-related submittal schedule or a violation remediation schedule;
    4. 4.  Failure to pay review fees or assigned penalties for violations; or
    5. 5.  Failure to comply with enforcement actions as identified in the BES Enforcement Program administrative rules (PPD item ENB-4.15).
  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 permits, violation 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.  Dischargers 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. Dischargers violating this Chapter will be solely responsible for reimbursing the City’s abatement expenses.
  4. D.  Cost Recovery.  The Director may recover 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. Failure to pay costs related to a civil penalty or summary abatement within 30 days following a final determination is grounds for permit revocation or termination of the permittee’s discharge
  5. E.  City Summary Abatement.  To the extent permitted by law, the Director may recover from the person causing the violation all costs incurred by the City to summarily abate 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 PCC or associated rules.
  6. F.  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.

17.39.120 Administrative Reviews, Appeals, and Compliance Cases.

(Replaced by Ordinance 186192; Amended by Ordinances 186902 and 189750, effective November 29, 2019.)

  1. A.  Administrative Review and Appeal. A person may request a modification to a BES decision related to this Chapter via an administrative review with BES staff, unless administrative review is limited by administrative rule. After the requestor has exhausted all BES administrative review, the requestor may file for an appeal with the Code Hearings Officer per PCC Title 22, unless appeal is limited by administrative rule.
  2. B.  BES Code Compliance Cases. BES may file a case before the Code Hearings Officer under PCC Title 22 to compel compliance with City regulations. The person committing the violation will be offered the opportunity to present evidence in the case.

17.39.130 Conflict.

(Amended by Ordinance 186192, effective September 6, 2013.)

  1. This Chapter supersedes all other ordinances or elements thereof to the extent that they are inconsistent with or conflict with any part of this Chapter are hereby repealed to the extent of such inconsistency or conflict.

17.39.140 Severability.

(Amended by Ordinance 186192, effective September 6, 2013.)

  1. If any provision, paragraph, word or Section of this Chapter or associated rules is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections shall not be affected and shall continue in full force and effect.

Chapter 17.40 Protection of Public Right-of-Way

(Chapter amended by Ordinance No. 184957,  effective November 25, 2011.)

17.40.010 Injuries to Pavement.

(Amended by Ordinance No. 184957, effective November 25, 2011.)

A.  It is unlawful for any person to cause or permit to come in contact with any paved roadway, curb or sidewalk, any corrosive or other substance which may tend to disintegrate or injure such pavement.  This shall not apply to salt or salt mixtures placed thereon to melt snow or ice.

B.  It is unlawful for any person to cause or permit any object to fall upon or be placed upon any paved roadway, curb or sidewalk of such weight or other characteristic as to crack, break or disturb the pavement surface.  This shall not apply to ordinary wear and tear from vehicular traffic.

C.  It is unlawful for any person to cause or permit to be placed upon any pavement without immediately removing the same, any concrete, plaster or other material likely to adhere to the pavement.  However, during the course of construction upon adjacent property, the Director of the Bureau of Transportation may issue a permit for such activity if he or she determines that sufficient protection will be provided to prevent injury to the pavement.

D.  It is unlawful for any person to cause or permit any fire to be kindled or made upon any paved roadway, curb or sidewalk or to heat any material in close proximity to such paved surface.

17.40.020 Endangering Pavement.

(Amended by Ordinance No. 184957, effective November 25, 2011.)  In the course of construction under a permit issued by the City, it is unlawful for any person to cause or permit any undermining of any pavement not cut or to be replaced as a part of the work; to tunnel under street area without providing complete support of the pavement above such tunnel; to cause or permit to be washed away the ground or fill material supporting pavement; to make any excavation within street area pursuant to permit without securely and safely bracing such excavation so as to prevent the sides or walls of the excavation from falling or caving in; to cause or permit any excavation to be made on private property adjacent to street area without securely and safely bracing the wall or side of the excavation near the paved area so as to prevent falling or caving in and to protect the support of the pavement; or to cause or permit any other act to be done which would tend to endanger the direct or lateral support of the pavement.

17.40.030 Charges for City Patching of Roadway Areas.

(Amended by Ordinance Nos. 145974 and 173369, effective May 12, 1999.) Any person who has dug up or cut into the roadway surface of a street paved with bituminous paving may request the City to replace the roadway area by patching the pavement. This shall not apply to local improvements, public improvements under permit, or general maintenance of roadway areas by the City. The applicant shall first prepare the area, if the base has been disturbed, by removing any excavated material from below the pavement and filling and compacting the same to sub-base level with gravel, all at his own expense. The applicant shall pay for the repair on a cost basis. The cost basis will include the actual costs of all labor, equipment, materials and supervision required to do the work along with appropriate overhead costs as determined in accordance with provisions of the finance regulations.

17.40.040 Damages to Public Right-of-way.

(Added by Ordinance No. 184957, effective November 25, 2011.)

A.  If in the Director of the Bureau of Transportation’s opinion the public right-of way has been negligently or intentionally damaged, the Director of the Bureau of Transportation may act to identify the person responsible for such damage. The Director of the Bureau of Transportation may then issue a notice requiring the responsible person to repair and restore the public right of way to the Director of the Bureau of Transportation’s satisfaction.

B.  Once the responsible person has been notified to repair the public right-of-way to the Director of the Bureau of Transportation’s satisfaction, the responsible person shall undertake to make and complete the repairs within 20 days.

C.  If the responsible person fails, neglects or refuses to make repairs within the specified time, the Director of the Bureau of Transportation may;

1.  Institute an action before the Code Hearings Officer as set out in Title 22 of this Code, or

2.  Cause appropriate action to be instituted in a court of competent jurisdiction, or

3.  Taking such other actions as the Director of the Bureau of Transportation in the exercise of his or her discretion deems appropriate including, but not limited to, summary abatement.

17.40.050 Disposition of Asphalt, Concrete, Rock and Dirt.

(Added by Ordinance No. 185351, effective June 22, 2012.)

A.  All asphalt, concrete, rock and dirt removed from existing infrastructure in the public right-of-way shall be disposed of at the direction of the Director of the Bureau of Transportation who has the authority for the disposal of such materials.

B.  The asphalt, concrete, rock and dirt from existing infrastructure in the right-of-way are often recycled by the City into an aggregate and back fill products which the City uses as road base on residential streets, trench fill and back fill.  If the City generates more of these recycled products then it can use, the Director of the Bureau of Transportation may sell or donate the materials.

1.  Pricing of the materials to be sold shall be based on current market price and reviewed at least biannually by the Bureau of Transportation.

C.  The Bureau of Transportation, at the discretion of its Director, may levy a fee for accepting and processing asphalt, concrete, rock and dirt from third parties asphalt, concrete, rock and dirt for the purposes of recycling.

1.  Pricing of this service (tipping fee) shall be based on current market price and reviewed at least biannually by the Bureau of Transportation.

D.  Revenue generated by selling these materials and services shall be returned to the Bureau of Transportation.

17.40.060 Disposition of Leaves.

(Added by Ordinance No. 185351, effective June 22, 2012.)

A.  All leaves collected from the public right-of-way shall be disposed of at the direction of the Director of the Bureau of Transportation who has the authority for the disposal of such materials.

B.  The leaves collected from the existing right-of-way are often processed into compost which the City uses as erosion control and soil amendment.  If the City generates more of these recycled products then it can use, the Director of the Bureau of Transportation may sell or donate the materials.

1.  Pricing of the materials to be sold shall be based on current market price and reviewed at least biannually by the Bureau of Transportation.

C.  The Bureau of Transportation, at the discretion of its Director, may levy a fee for accepting and processing leaves or other matter consistent with composting from third parties for the purposes of recycling.

1.  Pricing of this service (tipping fee) shall be based on current market price and reviewed at least biannually by the Bureau of Transportation.

D.  Revenue generated by selling these materials and services shall be returned to the Bureau of Transportation.

Chapter 17.41 Landslide Abatement

(Chapter added by Ordinance No. 165864, effective September 30, 1992.)

17.41.010 Purpose.

(Amended by Ordinance No. 173369, effective May 12, 1999.) 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.

17.41.020 Definitions.

(Amended by Ordinance Nos. 173369, 182760 and 189413, effective March 6, 2019.)  For purposes of this Chapter 17.41:

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 5.48.030, and Revenue Division’s charges established in 17.12.020 B.

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.

C.  “Owner” means the person or persons shown on the most recent property tax records.

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 which has caused the instability of the public right-of-way.

17.41.030 Applicability.

(Amended by Ordinance Nos. 173369 and 182760, effective June 5, 2009.)  This Chapter applies to:

A.  Landslides that originate on private property and deposit material on the public right-of-way; and

B.  Landslides in unimproved public right-of-way as defined by Chapter 17.42 of this code.

C.  Landslides in public right-of-way caused by actions on property abutting such public right-of-way.

D.  Landslides that threaten the stability of the public right-of-way.

17.41.040 Landslide As a Nuisance; Costs.

(Amended by Ordinance No. 173369, effective May 12, 1999.)

A. A landslide is a public nuisance. The nuisance is subject to abatement as provided by Title 29, except as provided in this Chapter. Abatement by the City shall be conducted at the direction of the City Engineer. The City Engineer may direct summary abatement where there is an immediate threat to the public safety.

B. Recovery of costs incurred by the City in the abatement of a landslide shall be as provided in Title 29, and such costs shall be assessed to the responsible property.

17.41.050 Abatement.

(Amended by Ordinance No. 176955, effective October 9, 2002.)

A. The owner of the responsible property is required to abate the landslide.

B. Abatement of a landslide includes:

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. Permanent stabilization of the slope, as necessary, through engineered solutions such as retaining walls or riprap. Plans and specifications for permanent stabilization shall be prepared by a professional engineer registered in the State of Oregon and shall be approved by the City Engineer.

C. If summary abatement is not directed, the City Engineer 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 shall 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 Engineer may cause the landslide to be abated and the costs assessed against the responsible property.

D. Where necessary, the City Engineer may also post and mail notice regarding the requirement for permanent stabilization of the slope. Such notice shall include the date by which plans for such permanent stabilization shall be submitted to the City Engineer. If such plans are not submitted by the stated date, the City Engineer may cause the permanent stabilization portion of the abatement to be accomplished and the cost assessed against the responsible property.

E. Before beginning any work in the right-of-way, the owner of the responsible property shall obtain the permits required by Chapter 17.24 of this Code.

F. A building permit shall be required for permanent stabilization work performed on private property. Such permits shall be approved by the Bureau of Development Services and the City Engineer.

G. If at any stage of the abatement, the owner of the responsible property fails to comply with the requirements imposed by the City Engineer, the City Engineer may cause the abatement to be completed by the City and the cost assessed against the responsible property.

H. If there is more than one responsible property, the City Engineer shall apportion all costs incurred by the City in abatement based on the front footage of the slide area in the right-of-way.

I. Nothing in this Code shall be deemed to prevent a party required by this Chapter to pay for abatement of a landslide from exercising any rights her or she may have against the party or parties who may have caused the landslide.

17.41.060 Administrative Review.

(Amended by Ordinance No. 173369, effective May 12, 1999.) Administrative review shall be conducted as provided in Title 29, except that the review shall be conducted by the City Engineer. Appeal shall be to the Code Hearings Officer as provided in Chapter 22.10 of this Code.

Chapter 17.42 Property Owner Responsibility for Streets

(Chapter added by Ordinance 172051, effective March 11, 1998.)

17.42.010 Policy.

(Amended by Ordinance Nos. 177124, 189290 and 190479, effective June 30, 2021.)

  1. A.  It has been and remains the policy of the City of Portland that streets are constructed at the expense of abutting property owners and are maintained by abutting property owners until street improvements are constructed to the applicable standards of, and accepted for maintenance by, the City.  Until a street improvement has been constructed to City standards and the City has expressly assumed responsibility for street maintenance, it is the exclusive duty of the abutting property owners to construct, reconstruct, repair and maintain the unimproved street in a condition reasonably safe for the uses that are made of the street and adjoining properties.  Streets that have not been improved to City standards are not and will not be maintained or improved at City expense, except at the discretion of the City and as provided in this Code and the City Charter.
  2. The City may, at its discretion, conduct maintenance and repair activities on gravel streets and alleys. Such an action will not constitute an express or implicit decision by the City to accept maintenance responsibility for such a street or alley.
  3. B.  Disputes regarding the condition of the unimproved street are private actions among affected property owners.

17.42.020 Maintenance and Construction Responsibility.

(Amended by Ordinance 177124 and 190479, effective June 30, 2021.) 

  1. The City assumes no responsibility for maintenance, construction or reconstruction of any street until and unless:
  2. A.  The street has been constructed to City standards and specifications; and
  3. B.  The City has expressly accepted maintenance responsibility for the street by the City Engineer.

17.42.025 Maintenance Restrictions.

(Added by Ordinance 177124; amended by 177750, 184522, 185448 and 186053, effective January 1, 2015.)

  1. A.  Notwithstanding anything to the contrary in this Title 17, residents and property owners are not required to obtain a permit to maintain public streets abutting their properties if those streets have not been accepted for maintenance by the City or any other jurisdictions, provided the following conditions are met:
    1. 1.  The travel lane width of the unimproved portion of the street remains the same;
    2. 2.  There is no resulting change in existing drainage patterns outside the public right-of-way;
    3. 3.  Drainageways located within public rights-of-way are not filled in or otherwise altered in any manner that could impact the flow of water;
    4. 4.  The materials used for maintaining the street are equivalent to the existing street materials, except that gravel may be used to resurface a dirt road;
    5. 5.  Asphalt, concrete or other man-made materials may not be applied to existing dirt or gravel surfaces, nor may existing dirt or gravel surfaces be converted to a paved surface;
    6. 6.  The maintenance activities and resulting condition of the street do not adversely affect surrounding properties; 
    7. 7.  Trees in the public right-of-way are not removed or pruned unless a tree permit has been obtained as provided in Title 11, Trees; and
    8. 8.   Speed bumps or other types of devices intended to slow traffic are not constructed.
  2. B.  The City Engineer retains final authority to regulate all maintenance and construction activities in the public right-of-way, regardless of whether a permit is required or obtained.
  3. C.  The City Traffic Engineer retains exclusive authority to establish traffic control devices as provided in Section 16.10.080 and in Section 16.10.200.  This includes, but is not limited to, all regulatory, warning, and guide signs, and all types of pavement markings.

17.42.030 Liability.

  1. The owner(s) of land abutting any street that has not been improved to City standards and accepted for maintenance shall be liable for any and all damages to any person who is injured or otherwise suffers damages resulting from the defective condition of the street, or by reason of the property owner’s failure to keep the street in safe condition and good repair. Said property owner(s) shall be liable to the City of Portland for any amounts which may be paid or incurred by the City by reason of all claims, judgments or settlements, and for all reasonable costs of defense, including investigation costs and attorney fees, by reason of said property owners’ failure to satisfy the obligations imposed by the Charter and Code of the City of Portland to maintain, construct and repair such streets.

17.42.040 Definition.

(Repealed by Ordinance 190479, effective June 30, 2021.)

Chapter 17.43 Pedestrian Plazas

(Chapter added by Ordinance No. 188556, effective August 16, 2017.)

17.43.010 Purpose of Establishing Prohibited Conduct.

The purpose of these rules is to preserve pedestrian plazas areas as defined by the Portland Bureau of Transportation (PBOT) for the enjoyment, safety, comfort and convenience of the public and to enhance the orderly administration of the pedestrian plazas, by prohibiting conduct that unreasonably interferes with the administration and lawful use of the pedestrian plaza.  The purpose of this Chapter is not to punish any person for prior conduct, but, rather, to provide civil and non-punitive regulations the Council finds necessary to prevent nuisances and to protect the health, welfare and safety of the public using the pedestrian plazas.  Any violation of the provisions of this Chapter is punishable in accordance with these rules.

17.43.020 Pedestrian Plaza Defined.

Pedestrian plazas are places designated by the City of Portland as unique places where licensed businesses and pedestrians come together.  They are not parks.  Therefore, sitting or lying down is not allowed.  Travel through pedestrian plazas should be unfettered, however, conduct incidental to travel, such as speech or expression, is allowed if it is performed in a reasonable amount of time that does not detract from the enjoyment of the plaza by all persons and if it is done in a manner that is consistent with the use of the plaza as a unique place conducive to pedestrian enjoyment.

17.43.030 Soliciting For or Conducting Business.

A.  Except as expressly permitted under the terms of a lease, concession or permit, no person shall solicit for or conduct any business in a pedestrian plaza.

B.  For purposes of this Section, “solicit for or conduct any business” means:

1.  Sell or offer to sell any article or service;

2.   Display goods, or descriptions or depictions of goods or services, with the intent to engage any member of the public in a transaction for the sale of any good or service; or

3.  Perform or engage in any act with the intent or expectation of receiving payment in any form from any person.

C.  Nothing in this Section shall prohibit any act by any Police Officer in the scope of employment or duty, or by any person performing any work on behalf of the City, nor shall this Section be construed to prohibit any act protected under the circumstances by the federal or state constitution.

17.43.040 Unlawful Urination or Defecation.

No person shall urinate or defecate in any pedestrian plaza except in a convenience station designed for that purpose; or blow, spread, or place any nasal or other bodily discharge; or spit, urinate, or defecate on the floors, walls, partitions, furniture, fittings, or on any portion of any public convenience station or in any place in such station, excepting directly into the particular fixture provided for that purpose; or place any bottle, can, cloth, rag, or metal, wood, or stone substance in any of the plumbing fixtures in any such station.

17.43.050 Unlawful Acts Involving Alcohol, Controlled Substances or Prescription Drugs.

A.  No person shall sell or consume any alcoholic beverage, or possess any open container of alcoholic beverage, in any pedestrian plaza, except under a concession contract or lease, or by permit issued under Chapter 17.24 or 17.25. Such permit may include any conditions as, in the discretionary judgment of PBOT, will promote the preservation of the pedestrian plaza for the peaceful enjoyment of the public at large.

B.  No person shall commit any of the following acts in a pedestrian plaza:

1.  Sell, distribute, make available or offer to provide a controlled substance or prescription drug to another;

2.  Package, possess or store a controlled substance;

3.  Transport a controlled substance or materials intended to be used in the packaging of a controlled substance;

4.  Solicit another to provide, make available, sell or distribute a controlled substance or prescription drug to any person; or

5.  With the intent to engage in any act prohibited by this Section, seek, meet, approach or encounter another.

C.  Nothing in Subsection B. of this Section shall prohibit the possession in a pedestrian plaza of medications prescribed to the person or to a person under that person’s care, if and under such conditions as possession of such substance is otherwise lawful.

D.  Nothing in Subsection B. of this Section shall prohibit the possession in a pedestrian plaza by any person 21 years of age or older of not more than one ounce of usable cannabis, so long as that cannabis is in a closed container.

E.  For purposes of this Section, “controlled substance” shall have the meaning provided in ORS 475.005(6), and “prescription drug” shall have the meaning provided in ORS 689.005(6).

17.43.060 Possession of Weapons.

No person shall possess in any pedestrian plaza anything specifically designed for and presently capable of causing, or carried with the intent to threaten or cause, bodily harm to another.  Things prohibited under this Section include, but are not limited to:  any firearm, pellet gun, spring-loaded weapon, stun gun or taser, any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any knife with a blade longer than 3-½ inches, any dirk, dagger, ice-pick, sling shot, slungshot, metal knuckles, nunchaku, studded handcoverings, swords, straight razors, tear gas containers, saps, sap gloves, hatchets or axes.  The prohibitions of this Section do not apply to handguns lawfully carried by persons exempt from local regulation under ORS 163.173.  The prohibitions of this Section do not apply to any thing possessed or used to carry out actions authorized by any contract or permit in any pedestrian plaza.

17.43.070 Structures in Pedestrian Plazas.

Except as permitted under these rules, no person shall excavate for, erect, install or place, or do any act as part of or commencement of excavation, erection, installation or placement of any permanent or temporary structure or facility in or on any pedestrian plaza.  This Section does not prohibit the mere carrying of any item in or through a pedestrian plaza, nor does it prohibit the use or placement of personal accessories, such as purses, backpacks or bags, or the use or placement of wheelchairs, walkers or baby carriages or child strollers in any pedestrian plaza, except in areas where those items are prohibited by the Director.

17.43.080 Disposing of Rubbish.

A.  No person shall place any garbage, or other rubbish, or refuse or debris, nor shall any person deposit or leave birdseed, breadcrumbs or other food particles or food waste, in or upon any pedestrian plaza.  Nothing in this Section shall prohibit any person from eating food in any pedestrian plaza, nor shall the prohibitions of this Section apply to the incidental loss of food particles that cannot reasonably be collected and properly disposed of.

B.   No person shall enter any pedestrian plaza with garbage, or other rubbish or refuse or debris that has originated from outside the pedestrian plaza, for the purpose of disposing of any of the rubbish, refuse, or debris in the pedestrian plaza.

C.  The prohibitions of this Section shall not apply to the disposal, in receptacles provided for that purpose, of garbage or refuse that results from the normal use of the pedestrian plaza for recreational or other lawful purposes.

17.43.090 Vandalism; Protection of Pedestrian Plaza Property and Vegetation.

A.  No person shall take, remove, destroy, break, cut, injure, mutilate, or deface in any way or attach any thing to, any structure, monument, statue, vase, fountain, wall, fence, railing, gate, vehicle, bench, or other property in any pedestrian plaza.  No person shall remove, destroy, break, injure, mutilate, or deface in any way in any pedestrian plaza any shrub, fern, plant, flower, or other vegetation.  No person shall plant, prune, remove, destroy, break, injure, mutilate, or deface in any way in any pedestrian plaza any tree without a permit from the City Forester under the provisions of Title 11. This provision shall not prohibit authorized work done for, by or on behalf of the City.

B.  No person shall, without prior authorization, take, use, or have in his or her possession any equipment belonging to the City and designated for pedestrian plaza or recreation use, outside of the limits of the established pedestrian plaza.

17.43.100 Fires and Fireworks Prohibited.

A.  No person shall light any fire in any pedestrian plaza, except in areas and/or facilities designated by the Director for such use and in conformance with all applicable laws.

B.  No person shall possess or ignite any fireworks in any pedestrian plaza.

C.  Notwithstanding any other provision of this Code, a person who violates this section shall not be subject to exclusion under these rules, or to criminal enforcement under Section 1.01.140 of this Code. Rather, any person violating this section shall be required to leave the pedestrian plaza in which the offense occurred, for the remainder of the day.  Enforcement will be administered by Police.  All Portland Police Bureau Officers, including all Transit Officers, are authorized to enforce pedestrian plaza rules.

17.43.110 Animals.

A.  No person shall injure, harm, disturb, or molest any wild or domestic animal in any pedestrian plaza.

B.  All dogs within any pedestrian plaza shall be held securely on a leash, no more than 8 feet in length, at all times.

C.  No person shall hitch any animal to any tree, shrub, fence, railing, or other structure or facility in any pedestrian plaza, except to such structures or facilities as are designated for that purpose.

D.  No person shall bring or keep any animal in any pedestrian plaza if the animal is not within the person’s immediate reach and control.

E.  No person shall allow any animal in that person’s ownership, possession, custody or control to injure any other person or animal or damage any property in any pedestrian plaza.  Any person so allowing any animal to cause any such injury or damage shall be liable for the costs of impounding the animal.

F.  No person shall allow any animal in the person’s possession, custody or control to discharge any fecal material in any pedestrian plaza unless the person promptly removes and disposes of the fecal material in an appropriate receptacle.  No person shall allow any animal in the person’s possession, custody or control to enter or remain in any pedestrian plaza unless the person has in the person’s possession the equipment necessary to remove and properly dispose of any fecal material deposited by the animal in the pedestrian plaza.

G.  No person owning, in control of or responsible for any animal shall allow that animal to be in any pedestrian plaza if the animal is not in compliance with applicable Multnomah County Animal Control regulations; provided, however, that dogs otherwise complying with those regulations may be off leash in designated off-leash areas or during designated off-leash hours.

H.  Any animal in any pedestrian plaza in violation of any provision of this Section may be impounded, at the expense of the animal’s owner, on the order of any Police Officer or of any Animal Control officer.

I.  The prohibitions of this Section do not apply to animals while in the course of the official performance of police or rescue activities.

J.  Notwithstanding any other provision of this Code, any person violating this section is subject only to a civil penalty not to exceed $150 for each violation.  Any person assessed a civil penalty under this Subsection may appeal the citation to the Code Hearings Officer in accordance with the provisions of Title 22 of this Code.

17.43.120 Use of Certain Devices or Equipment.

(Amended by Ordinance 191311, effective July 7, 2023.)

  1. A.  No person shall ride or operate a skateboard on any table, chair, bench, fountain area, planter, or sculpture located in a pedestrian plaza.
  2. B.  No person shall operate any motorized vehicle or motorized wheeled vehicle or motorized wheeled device in any pedestrian plaza, except designated vehicle areas, or by permit.   The prohibitions of this Section do not apply to authorized service or emergency vehicles or to the following electric mobility devices used by persons who need assistance to be mobile, and used in accordance with all applicable pedestrian plaza and traffic rules:
    1. 1.  “Electric assisted bicycle” as defined in ORS 801.258;
    2. 2.  “Motorized wheelchair,” “Mobility scooter” or “Power chair” defined as an electric powered transportation device for one person in a seated position, with feet resting on floorboards or foot rests, and incapable of exceeding a speed of 20 mph; or
    3. 3.  “Human or personal transporter system” defined as a self-balancing, electric-powered transportation device with two wheels, able to turn in place, and designed to transport one person in a standing position, with a top speed of 20 mph.
  3. C.  No person shall operate an electric mobility device in a pedestrian plaza in an unsafe manner or at a speed exceeding 15 mph, or, when pedestrians are present, at a speed exceeding 5 mph, or fail to yield the right-of-way to all pedestrians.

17.43.130 Remote Control Vehicles, Aircraft and Watercraft.

No person shall operate any remote-controlled internal combustion powered vehicle, or any remote-controlled electric or internal combustion powered watercraft or aircraft, in, on or over any pedestrian plaza, except in such places the Director may designate for such use.

17.43.140 Emergency Pedestrian Plaza Closure.

A.  In case of an emergency, or in case where life or property are endangered, all persons, if requested to do so by any Police Officer, shall depart from the portion of any pedestrian plaza specified by that Police Officer, and shall remain off that pedestrian plaza or that portion of the pedestrian plaza until permission is given to return.

B.  Whenever it is in the interest of public health or safety to do so, the Commissioner or the Mayor, the Director, or Police Officer may close any pedestrian plaza, or any part thereof, and may erect or cause to be erected barricades prohibiting access to any such pedestrian plaza, or part thereof, at appropriate locations.  Notices that any pedestrian plaza, or part thereof, is closed shall be posted at appropriate locations during the period of such closure, if feasible; however, failure to post such notices shall not invalidate such closure nor shall it invalidate any exclusion for violating this Section.

C.  No person shall enter any pedestrian plaza or any part thereof that has been closed under this Section, or remain in such pedestrian plaza, or part thereof, after having been notified of the closure and having been requested to leave by the Commissioner, the Mayor, the Director or Police Officer.  A closure under this Section shall not exceed 18 hours without the written approval of the both the Commissioner and the Mayor.

D.  When a state of emergency is declared under Section 15.04.040 of this Code, the Mayor or other persons authorized by Section 15.08.020 or by Subsection B of this Section may close any pedestrian plaza and recreation facility to normal use and may designate that facility for emergency operations, which operations may include providing emergency services to the public, subject to the following conditions:

1.  The scope of use of pedestrian plaza facilities during such emergency shall be defined by approved City emergency plans or by the Mayor or Commissioner in Charge.

2.  If emergency services are provided in any pedestrian plaza facility, members of the public may be allowed into the facility, under the control of and subject to restrictions and conditions established by the organization responsible for the emergency operations at that facility.

3.  Costs incurred by PBOT for emergency operations shall be submitted to the City’s Office of Emergency Management for reimbursement.  Costs reimbursable under this Section include facility operating costs, costs to repair damage caused by the emergency operations, and the costs to restore the facility to the condition it was in at the commencement of the emergency.

4.  As soon as practicable after the state of emergency is officially terminated, any pedestrian plaza facility closed on account of the emergency or used for emergency operations will re-open for normal use.

17.43.150 Trespassing and Areas Closed to the Public.

A.  No person, without the consent of the Director or other authorized Police Officer, shall enter any pedestrian plaza upon which the words "no admittance," or similar words indicating that entry is prohibited or restricted, are displayed.

B.  No person shall ride, drive, or walk on such parts or portions of the pedestrian plazas or pavements as are closed to public travel, nor shall any person interfere with barriers erected in any pedestrian plaza.

C.  No person shall enter or remain in any pedestrian plaza in violation of an exclusion issued under this section.

17.43.160 Condition of Parole or Probation or Judicial or Other Order.

No person shall be in any pedestrian plaza when that person is required by any term or condition of the person's parole, probation, post-prison supervision, pretrial release agreement or other judicial order, to stay out of the pedestrian plaza. No person shall be in any pedestrian plaza at any time if an exclusion of the person from that pedestrian plaza under these rules is in effect.

17.43.170 Rules and Regulations, Directions of Police Officers to be Obeyed.

No person shall violate any rule or regulation established under the authority of these rules, nor refuse or fail to obey any lawful direction of a Police Officer.  For purposes of this Section, a direction of a Police Officer is lawful if it directs a person to obey, or to cease a violation of, any law, rule or regulation applicable in the pedestrian plaza, or if it is otherwise reasonably related to protection of the health, welfare or safety of the person or of any other person in the pedestrian plaza or to the prevention of damage to property, or if it is reasonably necessary to preserve the peace or to prevent the disruption of any organized activity or permitted event in the pedestrian plaza, or if it relates to enforcement of any state law or City of Portland Ordinance.

17.43.180 Pedestrian Plaza Exclusions.

A.  In addition to other remedies provided for violation of these rules, or of any of the laws of the State of Oregon, any Police Officer may exclude any person who violates any applicable provision of law in any pedestrian plaza from that pedestrian plaza in accordance with the provisions of this Section.

B.  For purposes of this Section, "applicable provision of law" includes any applicable provision of this Code, of any City ordinance, or of any rule or regulation promulgated by the Commissioner or the Council under this Title, any applicable criminal or traffic law of the State of Oregon, any law regarding controlled substances or alcoholic beverages, any applicable County ordinance or regulation, and any ordinance or regulation adopted by the Tri-County Metropolitan Transportation District of Oregon (TriMet) governing any TriMet facility in that pedestrian plaza. For purposes of this Section, "applicable" means relating to the person's conduct in the pedestrian plaza.

C.  An exclusion issued under the provisions of this Section shall be for 30 days. If the person to be excluded has been excluded from any pedestrian plaza at any time within two years before the date of the present exclusion, the exclusion shall be for 90 days. If the person to be excluded has been excluded from one or more pedestrian plazas on two or more occasions within two years before the date of the present exclusion, the exclusion shall be for 180 days.

D.  Before issuing an exclusion under this Section, a Police Officer shall first give the person a warning and a reasonable opportunity to desist from the violation. An exclusion shall not be issued if the person promptly complies with the direction and desists from the violation. Notwithstanding the provisions of this Subsection, no warning shall be required if the person is to be excluded for engaging in conduct that:

1.  Is classified as a felony or as a misdemeanor under the following Chapters of the Oregon Revised Statutes, or is an attempt, solicitation or conspiracy to commit any such felony or misdemeanor defined in ORS:

a.  Chapter 162 - Offenses Against the State and Public Justice;

b.  Chapter 163 - Offenses Against Persons;

c.  Chapter 164 - Offenses Against Property, except for ORS 164.805, Offensive Littering;

d.  Chapter 165 - Offenses Involving Fraud or Deception;

e.  Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering;

f.  Chapter 167 - Offenses Against Public Health, Decency and Animals;

g.  Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Paraphernalia; Precursors; or

2.  Otherwise involves a controlled substance or alcoholic beverage; or

3.  Has resulted in injury to any person or damage to any property; or

4.  Constitutes a violation of any of the following provisions of this Code:

a.  Section 14A.40.030 - Indecent Exposure;

b.  Section 14A.40.040 - Loitering to Solicit Prostitution;

c.  Section 14A.40.050 - Unlawful Prostitution Procurement Activities;

d.  Section 14A.60.010 - Possession of a Loaded Firearm in a Public Place;

e.  Section 14A.60.020 - Discharge of a Firearm;

f.  Section 14A.60.030 - Tear Gas and Stun Guns;

g.  Section 14A.60.040 - Explosives and Bottle Bombs;

5.  Is conduct for which the person previously has been warned or excluded for committing in any pedestrian plaza.

E.  Written notice shall be given to any person excluded from any pedestrian plaza under this Section. The notice shall specify the date, length and place of the exclusion, shall identify the provision of law the person has violated and shall contain a brief description of the offending conduct. The notice shall inform the excluded person of the right to appeal, including the time limit and the place of delivering the appeal.  It shall be signed by the issuing party. Warnings of consequences for failure to comply shall be prominently displayed on the notice.

F.  A person receiving such notice of exclusion may appeal to the Code Hearings Officer in accordance with the provisions of Title 22 of this Code. The Code Hearings Officer shall uphold the exclusion if, upon the Code Hearings Officer's de novo review, the preponderance of evidence admissible under the provisions of Title 22 of this Code convinces the Code Hearings Officer that, more likely than not, the person in fact committed the violation, and if the exclusion is otherwise in accordance with law.

G.  At any time within the period of exclusion, a person receiving such notice of exclusion may apply in writing to the Commissioner for a waiver of some or all of the effects of the exclusion for good reason. If the Commissioner grants a waiver under this Subsection, the Commissioner shall promptly notify the Portland Police Bureau's Records Division and the PBOT Director of such action. In exercising discretion under this Subsection, the Commissioner shall consider the seriousness of the violation for which the person has been excluded, the particular need of the person to be in the pedestrian plaza during some or all of the period of exclusion, such as for work or to attend or participate in a particular event (without regard to the content of any speech associated with that event), and any other criterion the Commissioner determines to be relevant to the determination of whether or not to grant a waiver. Notwithstanding the granting of a waiver under this Subsection, the exclusion will be included for purposes of calculating the appropriate length of exclusions. The decision of the Commissioner to grant or deny, in whole or in part, a waiver under this Subsection is committed to the sole discretion of the Commissioner, and is not subject to appeal or review.

H.  If an appeal of the exclusion is timely filed under this section, the effectiveness of the exclusion shall be stayed, pending the outcome of the appeal. If the exclusion is affirmed, the remaining period of exclusion shall be effective immediately upon the issuance of the Hearings Officer's decision, unless the Hearings Officer specifies a later effective date.

I.  If a person is issued a subsequent exclusion while a previous exclusion is stayed pending appeal (or pending judicial review, should a court stay the exclusion), the stayed exclusion shall be counted in determining the appropriate length of the subsequent exclusion. If the predicate exclusion is set aside, the term of the subsequent exclusion shall be reduced, as if the predicate exclusion had not been issued. If multiple exclusions issued to a single person for a single pedestrian plaza are simultaneously stayed pending appeal, the effective periods of those which are affirmed shall run consecutively.

J.  No person shall enter or remain in any pedestrian plaza at any time during which there is in effect a notice of exclusion issued under this Section excluding that person from that pedestrian plaza.

Chapter 17.44 Street Obstructions

(Chapter replaced by Ordinance No. 184957, effective November 25, 2011.)

17.44.010 Unlawful Acts Enumerated.

A.  It is unlawful for any person to obstruct or cause to be obstructed any roadway, curb or sidewalk by leaving or placing, any object, material or article which may prevent free passage over any part of such street or sidewalk area. This Section does not authorize any action in violation of any other Title or regulation.

B.  It is unlawful for any person to erect or cause to be erected any structure in, over or upon any dedicated street area, except that Director of the Bureau of Transportation may, based on findings of necessity, grant permission for walls, fences and steps, that otherwise comply with the Code of the City.  Also, on buildings whose front is located on the property line, the Director of the Bureau of Transportation may allow decorative facings, certain types of utility meters, utility valves, and other utility appurtenances, to extend into the street area an amount that does not interfere with the public use of said street.  The Director of the Bureau of Transportation, upon determining a public need for areas occupied by such walls, fences, steps, facings, or utility meter valves and other appurtenances, may revoke said permission and the property owner or utility will be required to remove them from the street area.

C.  It is unlawful for any person to erect or cause to be erected any sign in, over, or upon any public right of way.  For the purposes of this section, sign shall be defined as provided in Title 32.

D.  This Section shall not apply to:

1.  Any use, sign, or structure for which a permit has been issued or which is erected under authority of any Title;

2.  Motor vehicles lawfully parked pursuant to City Regulations;

3.  Barricades placed by or with the approval of the Director of the Bureau of Transportation or the Traffic Engineer;  nor

4.  Temporary closures and occupancies pursuant to this Chapter.

5.   Merchandise in the course of delivery may be placed on the sidewalk while actively loading and unloading for not longer than two hours provided that the provisions of City Code Section 14.50.030 Sidewalk Use are complied with. 

Chapter 17.45 Advertising on Bus Benches

(Chapter replaced by Ordinance No. 184957, effective November 25, 2011.)

17.45.030 Advertising Bench Allowed.

(Amended by Ordinance No. 185397, effective July 6, 2012.)  For the free use and accommodation of persons waiting for public transportation, benches may be placed on the street area between the property line and the back of the through pedestrian zone and between the curb closest to the street center line and front of the through pedestrian zone in the public right of way of the City, and such benches may bear advertising messages.  Permits for benches bearing advertisements shall be granted only to the Tri-County Metropolitan Transit District (TriMet).  For purposes of this Chapter, the term bench shall also apply to transit shelters owned, operated and maintained by TriMet.

17.45.040 Fee.

An annual fee as prescribed in Section 17.24.010 shall be collected for every permit issued to install an advertising bench.  This fee is due July 1 and shall be paid by July 15.  Permits may be issued without payment of any fee for benches where no advertising or other message will be displayed.

17.45.050 Revocation.

The Director of the Bureau of Transportation may revoke any permit issued under Sections 17.45.030 - 17.45.040 at any time in the event the public’s need requires it, the permittee fails to comply with the conditions of the permit, for any fraud or misrepresentation in the application, or for any reason which would have been grounds for denial of the initial application.

17.45.060 Authority.

The Director of the Bureau of Transportation is authorized to enter into an intergovernmental agreement with TriMet to govern procedures in the issuance of permits under this Section.

Chapter 17.46 Publication Boxes

(Chapter replaced by Ordinance No. 186965, effective February 6, 2015.)

17.46.010 Definitions.

A.  “Abandoned Publication Box” means a Publication Box (including a Co-located Publication Box) that has remained empty for 30 or more days.  The basis for the conclusion that the Publication Box has not been stocked with new materials for 30 days or more shall be documented in the enforcement records.

B.  “ADA Ramp” means a combined ramp and landing to accomplish a change in level at a curb in order to provide access to pedestrians using wheelchairs.

C.  “Co-located Publication Box” means a Publication Box designed to dispense two or more different Publications.

D.  “Crosswalk” means any Crosswalks either “marked” of “unmarked”.  A “marked crosswalk” is any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface of the roadway.  An “unmarked crosswalk” is the imagined extension of a sidewalk or shoulder across a street at an intersection. An unmarked crosswalk exists at all intersections unless specifically marked otherwise.

E.  “Distributor” means a person responsible for placing, installing, or maintaining a Publication Box.

F.  “Publication Box” means a free standing self-service or coin-operated box, container, or other dispenser installed, used, or maintained on the Sidewalk or public Right-of-Way for the sale or distribution of newspapers, periodicals, or other Publications to the general public.

G.  “Person” means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, and/or the manager, lessee, agent, servant, officer, or employee of any of them.

H.  “Publication” means any printed material.

I.  “Right-of-Way” means property subject to public use for existing or future streets, curbs, planting strips, or sidewalks.  Property subject to a right-of-way may be through an express, implied, or prescriptive easement granted to or controlled by the city or other public entity or may be owned by the city or other public entity in fee simple or other freehold interest.  The Portland Bureau of Transportation, as stewards of the right-of-way, administers and regulates use of the public right-of-way on behalf of the City.

J.  “Sidewalk” means that portion of the street between the curb lines or the lateral lines of roadway and the adjacent property lines intended for use by pedestrians.

K.  "Street" means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.

L.  “Through Pedestrian Zone” means the area intended for pedestrian travel as defined by the Portland Pedestrian Design Guide.

M.  “Transit Platform” means any Portland StreetCar platform or TriMet bus stop, bus layover zone or light rail station platform.  This definition applies (but is not limited to) transit facilities located on public or private streets, in transit centers and on the Transit Mall.

17.46.020 Publication Boxes within the Right-of-Way.

Publication Boxes may be placed within the Right-of-Way as allowed by this Chapter.

17.46.030 Limitations on Publication Box Placement.

A.  All Publication Boxes must be placed on a Sidewalk, parallel to the curb and face the Through Pedestrian Zone.

B.  Publication Boxes which meet all of the requirements of this code may be chained to a sign post, street light or signal/utility pole.  If the sign post, street light or signal/utility pole is painted a plastic or rubber coated steel chain/cable is required.  The distance between the Publication Box and the sign post, street light, or signal/utility pole shall be no more than 6 inches.  If the sign post, street light, or signal/utility pole is not owned by the City of Portland then the written permission of the owner of such property is required.

C.  Publication Boxes may not be fastened in any way to street furniture, public art, bicycle racks or street trees. 

D.  Publication Boxes placed within the right-of-way shall be located in groupings with a combined length of no greater than 10 feet, immediately abutting one another.   At least 20 feet must be left clear of Publication Boxes between groupings of Publication Boxes along the same block face.

E.  The maximum height of any Publication Box shall be 50 inches.  The maximum width of any Publication Box shall be 24 inches.  The maximum depth of any such publication box shall be 24 inches.

F.  Publication Boxes cannot be located:

1.  within a traffic island, median or traffic circle;

2.  within 5 feet of any Crosswalk;

3.  within 5 feet of a fire hydrant;

4.  within 5 feet of a drinking fountain;

5.  within 5 feet of any public art;

6.  within 5 feet of any driveway, alley, or curb cut;

7.  within 5 feet of any portion of an ADA Ramp;

8.  within 5 feet of a marked disabled parking space;

9.  within 5 feet of a marked loading or taxi zone;

10.  within a Transit Platform unless allowed by Portland StreetCar or TriMet;

11.  at any distance less than 2 feet from the street side face of the curb, measured to the side of the Publication Box closest to the curb;

12.  within the corner of two intersecting sidewalk corridors, as determined by the adjacent property lines extended;

13.  where the unobstructed Through Pedestrian Zone is less than 8 feet within Pedestrian Districts and City Walkways, or 6 feet on all other sidewalks.  (Sidewalk classification for this purpose shall be determined pursuant to the City’s Transportation System Plan);

14.  where the Publication Box may cause damage to any landscaping, including but not limited to lawn, flowers, shrubs or trees;

15.  where the Publication Box may cause damage to or interfere with the use of pipes, vault areas, telephone or electrical cables/wires or other utility facilities;

16.  on any grating, manhole cover or access lid;

17.  where the Publication Box obstructs access to parked vehicles;

18.  where the Publication Box obscures any fixed regulatory or informational sign.

17.46.040 Co-located Publication Boxes.

A.  A Person may install a Co-located Publication Box, at the Person’s own expense, in compliance with all of the following conditions:

1.  Placement of the Co-located Publication Box complies with all sections of this Chapter and all required permits have been obtained (per TRN-8.08);

2.  The proposed Co-located Publication Box provides sufficient compartments for distribution of all Publications being distributed within 175 feet of the proposed location for the Co-located Publication Box as of the date of installation of the Co-located Publication Box; and

3.  The Co-located Publication Box permittee agrees in writing as a condition of issuance of a permit to be responsible for ensuring compliance with the maintenance requirements of this Chapter for the Co-Located Publication Box.

4.  A person who installs a Co-located Publication Box may not charge a Distributor for distribution of its Publication from the Co-located Publication Box.

B.  Once a Co-located Publication Box has been installed, no freestanding Publication Boxes may be placed within 175 feet of the Co-located Publication Box.  If the Co-located Publication Box is full, a Distributor who wishes to distribute a Publication at that location may do so by installing, at its own expense, an additional identical Co-located Publication Box immediately adjacent to the existing Co-located Publication Box.  The additional Co-located Publication Box must comply with all other requirements of this chapter for placement of Co-located Publication Box.  Once installed the maintenance and management will be the responsibility of the permittee of the existing Co-located Publication Box.

C.  No permittee of a Co-located Publication Box shall accept anything of value for the display of any speech or image on the Co-located Publication Box.   The Distributor may display the publication within the window to which that box is assigned in the Co-located Publication Box.  The Distributor may also display any speech or image of its choice, limited to no more than 4 inches in height, on each of the following:  the front, side, back and door of the Co-located Publication Box.  No other speech or image may be displayed with the exception of the notice required by, Subsection 17.46.050 B.

D.  Co-located Publication Boxes shall be black in color and the design shall be similar to existing Co-located Publication Boxes installed around Pioneer Courthouse Square.  Co-located Publication Boxes within design districts may be subject to Design Review and through that process may be allowed to vary in standard color or other elements.

17.46.050 Maintenance Requirements.

A.  Each Publication Box charging a fee shall be equipped with a coin return mechanism to permit the person using the machine to secure an immediate refund in the event she/he is unable to receive the Publication paid for.  The coin return mechanisms shall be maintained in good working order.  (Does not apply to Publication Boxes used for distributing free Publications.)

B.  Each Publication Box shall have affixed to it in a readily visible place so as to be seen by anyone using the Publication Box a notice setting forth the name and business address of the Distributor and the telephone number of a working telephone service to call to report a violating condition, a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism.  In a Co-located Publication Box the required information shall be for the permittee of the box.

C.  Each Publication Box shall be sufficiently weighted, or attached to a sign post, street light or signal/utility pole as per, Subsection 17.46.030 B., or to another Publication Box to provide stability and safety.

D.  Publication Boxes may not have free-flying materials attached to them, such as balloons, windsocks, papers, etc.

E.  Each Publication Box shall be maintained in a neat and clean condition and in good repair at all times.  Specifically, each Publication Box shall be serviced and maintained so that:

1.  it is reasonably free of dirt and grease;

2.  it is reasonably free of chipped, faded, peeling and cracked paint;

3.  it is reasonably free of rust and corrosion;

4.  it is reasonably free of graffiti, litter and other debris;

5.  clear plastic or glass parts are unbroken and reasonably free of cracks, dents, blemishes and discoloration;

6.  paper or cardboard parts or inserts are reasonably free of tears, peeling or fading;

7.  structural parts are not broken or unduly misshapen.

17.46.060 Enforcement.

A.  If a Publication Box (including a Co-located Publication Box) is found to be in violation of any section of this Chapter, an attempt will be made to contact the permittee of a Co-located Publication Box, or the Distributor of the Publication Box to provide notification of the violation.  In the event the city is unable to contact the permittee or Distributor after 15 days of noted violation, the Publication Box (including a Co-located Publication Box) will be deemed Abandoned.

B.  Violations that are not corrected within 15 days of notification will be subject to fine per the Transportation Fee Schedule (per TRN-3.450).

C.  Publication Boxes (including a Co-located Publication Boxes) with violations that go uncorrected for 30 days after notification, as well as Publication Boxes (including a Co-located Publication Boxes) that remain empty for a period of 30 consecutive days, shall be deemed Abandoned and may be removed by the City.  The City will store all removed Publication Boxes (including a Co-located Publication Boxes) for 3 months, during which time the permittee of a Co-located Publication Box, or the Distributor of the Publication Box may redeem them after paying any outstanding fines, penalties and storage fees.  After 3 months, the City may auction, sell, or dispose of any Publication Boxes (including a Co-located Publication Boxes) that is not redeemed from storage.

17.46.070 Liability.

A.  The Distributor of any Publication Box shall be liable for any and all damages to any Person who is injured or otherwise suffers damages resulting from the placement of a Publication Box within the Right-of-Way, or by reason of the Distributor’s failure to keep the Publication Box in safe condition and good repair.  Said Distributor(s) shall be liable to the City of Portland for any amounts which may be paid or incurred by the City by reason of all claims, judgments or settlements, and for all reasonable costs of defense, including investigation costs and attorney fees, by reason of said Distributor(s)’ failure to satisfy the obligations imposed by the Charter and Code of the City of Portland to maintain and repair such Publication Box.

B.  The adjacent property owner shall not be liable for any damages to any Person who is injured or otherwise suffers damages resulting from the placement of a Publication Box directly adjacent to their property.

17.46.080 Appeal.

Any permittee of a Co-located Publication Box, or the Distributor of the Publication Box aggrieved by the City’s determination may appeal that determination to the Code Hearings Officer as provided in Chapter 22.10 of this Code.  Notwithstanding any other provisions of this Code, there shall be a non-refundable fee of $250 for any appeal pursuant to this Section. Such fee must accompany any such appeal and no such appeal shall be considered filed or received until such fee is paid in full.

Chapter 17.48 Moving Buildings

17.48.010 Permit Required.

(Amended by Ordinance No. 140207, effective Aug. 1, 1975.) It is unlawful for any person to move any building or structure through any street or to occupy any portion of any street for the removal of any building or structure, without first obtaining a permit as provided in this Chapter and paying the fees elsewhere prescribed in Section 17.24.020.

17.48.020 Application and Fee Deposit.

(Amended by Ordinance No. 140207, effective Aug. 1, 1975.) Application for a permit for moving a building or structure shall be in writing, shall state the number of the lot and block upon which the building is located, the size of the building, the number of the lot and block to which it is proposed to remove the same, the route proposed to be taken, the length of time required for moving, and the name of the owner of the building or structure. Each application shall be accompanied by a fee as prescribed in Section 17.24.020. The application fee is nonrefundable and is in addition to the permit issuance fee, which shall be collected prior to the issuance of the permit.

17.48.030 Moving Permit.

(Amended by Ordinance Nos. 140207, 173627, 180917, 182389, 182760, 184957, 184522, 185448, 186053 and 186900, effective January 1, 2015.)

A.  When a building to be moved does not exceed three stories in height, the Director of the Bureau of Transportation may issue a moving permit, fixing the route to be used for the move, with the prior approval of the Traffic Engineer of the route, and upon the terms as he or she may deem necessary.  The Director of the Bureau of Transportation shall keep a copy of the permit so issued.

B.  When a building to be moved exceeds three stories in height, any permit for moving shall be issued by the Council by ordinance.  The Ordinance shall set forth any conditions upon the moving which may be deemed necessary and which are not provided for in this Chapter, and shall set forth the Director of the Bureau of Transportation’s estimate of the cost to the City of issuing the permit, investigating the application, and supervising the moving, to be paid by the applicant for permit as a part of the fee elsewhere prescribed in Section 17.24.020.

C.  No moving permit shall be issued until the applicant shall have filed with the Auditor an insurance policy or certificate of insurance and form of policy for public liability insurance naming as additional insured’s the City, its officers, agents and employees, in the amounts of at least $1,000,000 (one million dollars), or the maximum limits of the Oregon Tort Claims Act as subsequently amended, whichever is greater; the insurance shall also contain a provision that it shall not be cancelable during the term of the permit.

D.  A moving permit shall not be issued until the applicant has deposited with the Treasurer a sum sufficient, in the judgment of the Director of the Bureau of Transportation, to cover the cost of repairing any and all damage or injury to street or streets, or the improvements therein including street trees, which may result from the moving operation, and also such sums as the Bureau of Transportation and Portland Fire & Rescue, and any other City bureau involved, may require to cover the cost of moving, repairing, restoring or replacing any wires, signals, trees or other properties or installations which may be necessary in preparation for or in consequence of any moving operation.  Upon completion of the moving operation, the bureau or bureaus which may have required such deposit and the Director of the Bureau of Transportation shall submit to the Treasurer a statement of the costs of any operations, repairs or replacements occasioned by or as the result of the moving operation, and other information as the Treasurer may request, in order to reimburse the proper account from the money so deposited, and shall authorize the Treasurer in writing to refund the remaining portion of such deposit, if any, to the depositor.  If the cost exceeds the amount deposited, the depositor shall promptly reimburse the affected bureau or bureaus for such additional cost.

17.48.040 Regulations.

(Amended by Ordinance Nos. 182760 and 184957, effective November 25, 2011.)  The moving of a building or structure under a moving permit shall be continuous day‑by‑day during all the hours specified by the Director of the Bureau of Transportation until completed, with the least possible obstruction to the streets occupied.  It is unlawful for any person moving a building or structure under a moving permit to leave said building or structure or any portion thereof stationary in the street, road or highway area for a period in excess of 2 hours during the hours of the day specified by the Director of the Bureau of Transportation, unless an emergency exists by reason of unforeseen difficulties encountered in cutting wires, trees, or removing obstructions in the course of the route selected.  Removal and pruning of trees shall be conducted in accordance with the City Forester’s requirements including the need to obtain tree permits.  All movement in the street area must be completed within an elapsed time of 36 hours unless application is made for a longer period of time and permission specifically granted therefore by the Director of the Bureau of Transportation prior to the commencement of any movement; provided, however, that if any unforeseen difficulties are encountered and an extension of time necessitated thereby is requested from the Director of the Bureau of Transportation prior to the expiration of 36 hours from the commencement of the moving operation, the Director of the Bureau of Transportation may extend the 36 hour time by specific additional time as deemed necessary.

Red lights or other warning devices sufficient to warn and protect traffic shall be displayed in conspicuous places at or on a building or structure being moved during the hours in which streetlights are lighted.  The Director of the Bureau of Transportation may require additional warning devices based on findings that the warning devices displayed by the mover are insufficient.

17.48.050 Cutting Wires in Moving Operation.

(Amended by Ordinance Nos. 182760 and 184957, effective November 25, 2011.)  When overhead wires in any street designated in a permit for moving a building or structure will interfere with the moving operation, the permittee shall give to the owner of the wire, including the City when it is the owner, 48 hours notice of intent to have the wire temporarily removed.  The permittee shall pay in advance or tender to the owner, other than the City, the amount estimated to be necessary to remove the wire and replace the same.  When the City owns the wire, the cost of temporary removal and replacement shall be included in the requirement for deposit prerequisite to permit, as provided in this Chapter.  If the permittee disputes the amount demanded by the owner as the advance or tender, the amount shall be determined by the Director of the Bureau of Transportation.  The permittee of a moving permit shall pay the actual expense of removing and replacing the wire, and as soon as the actual expense can be determined the permittee shall immediately pay any deficit and the owner shall refund any surplus to him or her.  Upon receipt or tender of the amount estimated or the amount fixed by the Director of the Bureau of Transportation in case of dispute, the owner of the wire shall remove it in time to permit the passage of the building or structure without unnecessary delay.

Chapter 17.52 Trees

(Chapter replaced by Ordinance No. 186900, effective January 1, 2015.)

17.52.010 Relationship to Other City Regulations.

Specifications and responsibilities for maintenance of trees with regard to public improvements are found in Chapter 11.60 of Title 11, Trees.

17.52.020 Tree Tubs.

Any person desiring to place a tub or receptacle for a tree or shrub on top of the paved or hard surfaced portion of street area shall first apply to the Director of the Bureau of Transportation for a permit.  The permit may be issued by the Director of the Bureau of Transportation under such safeguards and conditions as the Director of the Bureau of Transportation and the City Attorney may find necessary or appropriate to protect the public safety and to protect the City against claims of liability.  The permit may be revoked by the Director of the Bureau of Transportation for any violation of conditions or terms of the permit, or for neglect of the plantings or abandonment of use.  After revocation, it is unlawful for the permittee or permittee’s successor in Title to the abutting property to allow the tub or receptacle to remain in street area.

Chapter 17.56 Public Utilities

17.56.005 Definitions.

(Added by Ordinance No. 184957, effective November 25, 2011.)  For the purposes of this Chapter, “public utility” includes any person that installs, constructs, reconstructs, repairs, alters or maintains facilities for the distribution, transmission or collection of sewer, water, gas, petroleum products, steam, electricity, telecommunications, or other services, together with any associated wires, cables, poles, conduits, appliances or apparatus in, on, over, through or in any manner beneath the surface of the streets and that person currently possesses a franchise or privilege granted by the City of Portland or is a City bureau charged with providing such service to the public.

17.56.010 General Bond.

(Amended by Ordinance No. 173369, effective May 12, 1999.) In cases where the City has granted or may hereafter grant revocable permits to a railway company or other public utility for the use of streets, alleys, or public places, the grantee instead of filing a bond or bonds for the faithful performance of the conditions and obligations in any permit prescribed, may file with the city Auditor its written undertaking in the penal sum of $5,000, without sureties, duly executed by the company under its corporate seal, whereby it shall undertake generally and agree to keep and perform the duties, obligations, and conditions of all revocable permits for the use of public streets, alleys, or public places then held or that may thereafter be granted to or held by it, and particularly that it will comply with all requirements thereof for paving, repairing, or otherwise improving streets and sidewalks and for the removal of its property and restoration of the portions of the streets, pavements, or sidewalks, according to the terms and conditions of the permits respectively.

17.56.020 Plans for Underground Construction by Franchise Holder.

(Amended by Ordinance Nos. 151100, 176555 and 184957, effective November 25, 2011.)  Any person conducting a business within the City under a City franchise or permit, giving to such person the right to construct underground conduits or to lay pipes underground, shall, before entering upon any street for the purpose of cutting into, digging trenches in, or opening any street preparatory to the construction of any conduit or to the laying of any pipes, wires, or cables, file with the Director of the Bureau of Transportation detailed plans and specifications of all the proposed construction work.  Such plans shall be drawn to a scale prescribed by the Director of the Bureau of Transportation and such specifications shall state the manner of construction and the kind of materials proposed to be used.  If the plans and specifications are satisfactory to the City Engineer, the Director of the Bureau of Transportation shall issue a permit to the person filing them to construct the work.  If the City Engineer does not approve the plans or specifications or orders changes made therein, the person submitting them shall comply with the City Engineer’s requirements and shall file new plans and specifications which are satisfactory to the City Engineer.  If these are approved by him or her, the person may then obtain a permit and proceed with the construction of the work.  If in the performance of the work it becomes necessary to deviate from such plans and specifications, deviation shall not be made until first approved by the City Engineer.

Upon completion of the construction for which a permit has been issued, a map showing the location at depths below the surface of the ground of all construction work done under the permit shall be filed with the Director of the Bureau of Transportation.  If changes have been made after the permit is issued, these changes shall be shown in an easily distinguishable manner.  The final map shall bear a statement to the effect that the work done under the permit is correctly shown, and shall be signed by an authorized representative of the company doing the work.

The provisions of this Section shall apply both to dedicated right-of-way and to proposed right-of-way in approved land divisions which will be dedicated to the public upon plat recording.  Permits issued for underground construction in proposed right-of-way shall require acknowledgment that the permittee will hold the City of Portland harmless against any liability which may occur prior to dedication of the right-of-way, and further acknowledgment that the permittee assumes all risk of loss which 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.  Permits shall be issued only after street improvement plans have been approved.

17.56.030 Monthly Payments by Utility Companies.

Public utility companies may pay once a month for permits issued under this Title, but such payments shall be made on or before the 15th day of each month following the month in which the permits were issued.

17.56.040 Permits in Certain Areas.

 (Repealed by Ordinance No. 184957, effective November 25, 2011.)

17.56.050 Poles or Wires in Public Area.

It is unlawful for any person to erect any pole or to stretch wires or cables in, under or over any street, park, public way or public ground for any purpose whatsoever, unless a City permit or franchise therefor has first been granted by the Council.

17.56.060 Relocation and Discontinuation of Facilities.

(Replaced by Ordinance No. 184957, effective November 25, 2011.)

A.  Relocation of Facilities

1.  The Director of the Bureau of Transportation may direct any person owning, operating, or managing any public utility in the City and using facilities located in public right of way, to temporarily or permanently remove, relocate, change or alter the position of facilities installed by that person or that person’s predecessor within the public rights-of-way whenever required. Except in the case of an emergency or as otherwise agreed to by the Director of the Bureau of Transportation, the temporary or permanent removal, relocation, change or alteration of the position of facilities must be completed within 30 days following written notice from the Director of the Bureau of Transportation. A person may request additional time to complete the removal or relocation, which shall not be unreasonably denied. The City may issue such notice when the City has determined that such removal, relocation, change or alteration is reasonably necessary for:

a.  The construction, repair, maintenance or installation of any City improvement or other public improvement in or upon the public rights-of-way, whether a public work by the City or its contractor or the construction, repair, maintenance or installation of a public improvement pursuant to the requirements of the City’s development code;

b.   The operations of the City or any governmental entity in or upon the public rights-of-way for governmental purposes; or

c.   When required by the public interest, as determined by the Director of the Bureau of Transportation.

2.  Before commencing removal or relocation, the applicant shall obtain a permit as required by Title 17.24.

3.  The relocation or removal of utility facilities shall be at no expense or charge to the City.

4.  Should the applicant fail to remove or relocate the facility in accordance with notice from the Director of the Bureau of Transportation, the Director of the Bureau of Transportation may declare the facility a nuisance. The Director of the Bureau of Transportation may enforce the removal or relocation by compliance order, stop work order, abatement proceedings, or civil action as authorized by law. For any removal or relocation enforced by the City, the Director of the Bureau of Transportation shall keep a complete account of all related costs and expenses incurred by the City. The Director of the Bureau of Transportation shall provide written notice to the person seeking payment of the City’s costs and expenses. If the person fails neglects or refuses to pay all of the City’s costs and expenses, upon written approval of the Commissioner in Charge, the Director may have the City Attorney institute legal proceedings in the name of the City to collect any unpaid removal or relocation costs or expenses. In the event that it is necessary for any action or proceeding is commenced or if it becomes necessary for the City to commence an action or proceeding in a court of competent jurisdiction for removal or relocation or to recover removal or relocation costs, the City shall be seek recover all available statutory costs and disbursements.

5.  If removal or relocation is necessary due to a public improvement under a contract entered into between the City and an independent contractor and the failure to remove or relocate within the time specified results in payment to the contractor of any claim for extra compensation for any work or delay under said contract, the applicant shall be liable for payment of the amount paid to the contractor as a direct result of the failure to comply with the time requirements of the City.

B.  Discontinuation of Facilities.  If a Person intends to discontinue using facilities of its system within all or part of a particular portion of the streets and does not intend to use said facilities again, the Person shall submit to the Director of the Bureau of Transportation for the Director of the Bureau of Transportation's approval a completed application describing the structures or other facilities and the date on, and the method by which the Person will remove such facilities.

17.56.070 Placement of Overhead Wires.

Any public utility erecting, placing, or maintaining in the City any overhead wire or cable shall affix or attach the wire or cable in compliance with State regulations, in conformity with the best engineering practice, and at a height and in a manner to protect the public safety.

17.56.080 Service Shutoff Outside Premises.

When so required by the occupant of premises, or if the premises are unoccupied, whenever requested by the owner, a public utility shall shut off or disconnect its service facilities outside and away from the building or structure previously served, unless the facilities are an integral part of the building or structure.

17.56.090 Control of Electrical Currents.

It is unlawful for any person using or employing electrical current to fail or neglect to provide and put in use such means, appliances and apparatus as will, so far as practicable, control and effectually contain the current or energy in isolated paths and on their own wires, conductors or structures, so as to prevent damage or injury through discharge to ground to City pipes and structures and the pipes or structures of others. It is unlawful for any person using or employing electrical current to fail to take such measures as are necessary and appropriate to prevent contribution to injury or damage to pipes or structures belonging to the City or others. Conviction for violation of this Section shall not take away or abridge the right of the City or any other person to damages for injury to its pipes or other structures resulting from escape of electrical current.

17.56.100 Preservation of Cobblestone.

(Repealed by Ordinance No. 184957, effective November 25, 2011.)

Chapter 17.60 Underground Wiring Districts

17.60.010 Designated.

(Amended by Ordinance Nos. 162574 and 184957, effective November 25, 2011.)  The following described districts designated as “District A,” “District B,” “District C,” “District D,” “District E” and “District F” mean and include the following streets in the City:

District A: Beginning with the intersection of the south line of SW Madison Street with the east line of SW Front Avenue, running thence westerly, along said south line of SW Madison Street, to its intersection with the west line of SW Broadway; thence northerly along said west line of SW Broadway, to its intersection with the south line of SW Yamhill Street; thence westerly along said south line of SW Yamhill Street to its intersection with the west line of SW 14th Avenue; thence northerly, along said west line of SW 14th Avenue to its intersection with the north line of West Burnside Street; thence easterly, along said north line of West Burnside Street to its intersection with the west line of NW Broadway; thence northerly, along said west line of NW Broadway to its intersection with the north line of NW Glisan Street; thence easterly along said north line of NW Glisan Street to its intersection with the east line of NW Front Avenue; thence southerly, along said east line of NW and SW Front Avenue to the place of beginning.

District B: East Burnside Street, SE Morrison Street and SE Hawthorne Boulevard, from the east line of SE and NE 3rd Avenue to the west line of SE and NE 6th Avenue; and also those portions of other streets parallel thereto lying between the south line of NE Couch Street and the south line of SE Hawthorne Boulevard which are included between a line drawn 100 feet east of and parallel to the east line of SE and NE Grand Avenue; and a line drawn 100 feet west of and parallel to the west line of SE and NE Grand Avenue; and SE Grand Avenue, from the south line of NE Couch Street to the south line of SE Hawthorne Boulevard; it being provided, however, that any crossings over streets in this District which were installed before January 1, 1950 shall be permitted to remain; and it being further provided that additional machine‑turned wooden street light poles and overhead wires for street lighting shall be permitted in said District, if approved by the Director of the Bureau of Transportation.

District C: NE Martin Luther King, Jr. Boulevard (NE Union Avenue) from 100 feet north of the north line of NE Davis Street to the south line of NE Going Street, it being provided however, that any street light poles and traffic signal poles and any crossings over NE Martin Luther King, Jr. Boulevard (NE Union Avenue) which were installed before January 1, 1950 shall be permitted to remain; and it being further provided that additional machine‑turned wooden street light poles and overhead wires for street lighting shall be permitted in said District, if approved by the Director of the Bureau of Transportation.

District D: Beginning with the intersection of the center line of SW 4th Avenue and the north line of SW Market Street, running thence easterly along said north line of SW Market Street to its intersection with the center line of SW Harbor Drive; thence southerly along said center line of SW Harbor Drive to its intersection with the south line of SW Arthur Street; thence westerly along said south line of SW Arthur Street to its intersection with the center line of SW Barbur Boulevard; thence northerly along said center line of SW Barbur Boulevard and along the center line of SW 4th Avenue to the place of beginning.

District E: NE Airport Way lying between the following described Line 1 and Line 2.  Line 1: Beginning at the most northerly corner of Tax Lot (2) of Lots 1 and 2, Block 112, Parkrose, thence running northeasterly in a straight line to a point on the westerly line of NE 112th Avenue, said point being the most westerly point in a common line between the I‑205 Freeway right‑of‑way and NE 112th Avenue, and located southerly of the intersection of NE 112th Avenue with NE Marine Drive.  Line 2: The common boundary line between the City of Portland and the City of Gresham approximately 826.0 feet north of the north line of NE Sandy Boulevard at its intersection with NE 181st Avenue; also public use easements 10.0 feet in width granted to the City of Portland and adjacent to either side of NE Airport Way as described above, it being provided, however that any crossings over NE Airport Way and the said 10.0 foot wide public use easements which were installed prior to November 1, 1988 shall be exempted from this District.

District F: All that portion of the SW Gibbs Street right of way between SW Bond Street and the east line of SW Barbur Boulevard and all that portion of the Pacific Highway (I-5) right of way and S.W. Naito Parkway (S.W. Front Avenue) right of way included in a strip of land 60.00 feet in width, 30.00 feet on each side of the center line of S.W. Gibbs Street as such streets were platted on CARUTHERS ADDITION TO THE CITY OF PORTLAND, Multnomah County, Oregon.  Overhead lines located on SW Corbett Street running perpendicular to SW Gibbs Street are exempt from this requirement.

17.60.020 Overhead Wires Prohibited.

(Amended by Ordinance Nos. 162574 and 184957, effective November 25, 2011.) 

A.  It is unlawful for any person to erect, construct, or maintain on or over the surface of any street or public use easement designated in Section 17.60.010 within an underground wiring district, any wires, poles, cables, appliances, or apparatus of any kind, on, through or by means of which electrical current or communications are transmitted or used.

B.  Whenever all existing utility facilities are located underground within a public right-of-way, a person with permission to occupy the same public right-of-way must also locate its new facilities underground.

17.60.030 Application for Permit.

(Amended by Ordinance Nos. 159491 and 184957, effective November 25, 2011.)  Any person owning a franchise or privilege to erect, construct, or maintain wires, cables, poles, vaults, manholes and other structures, appliances or apparatus on, over, or by means of which electric current is transmitted or used for any purpose in any portion of an underground wiring district, who desires to install, construct, reconstruct, repair, alter or maintain the same shall file with the Director of the Bureau of Transportation an application for a permit to install or maintain the facilities in trenches, conduits, structures or subways beneath the surface of the streets or parts thereof within the underground district as required.  The application shall be accompanied by the agreement of the applicant promptly to repave and repair any of the streets or portions thereof which are disturbed or undermined by the applicant as the result of exercise of the permit, if granted, the repaving and repair to be made in compliance with the provisions of this Title.

17.60.040 Designation of Space.

(Amended by Ordinance Nos. 159491, 162574 and 184957, effective November 25, 2011.) 

A.  Upon the filing of an application under Section 17.60.030 the Director of the Bureau of Transportation will designate the portion of space and location within the street area or public use easement designated in Section 17.60.010 to be used by the applicant.  No part or parts of street area shall be used except as designated by the Director of the Bureau of Transportation.

B.  No facilities shall be constructed to prevent the City from constructing sewers, grading, paving, repairing and/or altering any Street; laying down, repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work shall be done, so as not to injure or prevent the unrestricted use and operation of the Permittee’s system. However, if any portion of the Permittee’s system interferes with the construction or repair of any street or public improvement, including construction, repair or removal of a sewer or water main, the City may direct the Permittee to relocate as provided in Section 17.56.060.

17.60.050 Filing Plans and Specifications.

(Amended by Ordinance Nos. 159491 and 184957, effective November 25, 2011.)  The applicant for permit shall file with the Director of the Bureau of Transportation plans and specifications for an underground system for conduction of current or energy in trenches, conduits or subways for wires, cables, and appliances including the necessary vaults, manholes and service boxes, and in addition thereto shall file a map showing the general route and location of the trenches, conduits or subways.

17.60.060 Issuance of Permit.

(Amended by Ordinance Nos. 159491, 162574 and 184957, effective November 25, 2011.)  Subject to payment of the applicable fees prescribed in Chapter 7.12, if the City Engineer finds that the application and the plans, specifications and route map filed are satisfactory, the Director of the Bureau of Transportation may approve the same and issue to the applicant a permit to enter upon the designated streets, public use easements designated in Section 17.60.010 or parts thereof in an underground wiring district, to make such excavation therein, as may be necessary to construct conduits or subways, to lay wires, cables and appliances therein, and to build vaults, manholes or service boxes underground within the space theretofore designated.  It is unlawful to make any excavation in any street or public use easement designated in Section 17.60.010 to install underground facilities, without a permit from the Director of the Bureau of Transportation and paying the fees set forth in Section 17.24.020.  All excavation work and restoration pursuant to the permit shall be under the general supervision of the Director of the Bureau of Transportation and shall be made only after notice to the Director of the Bureau of Transportation.

17.60.070 Emergency Repair.

(Repealed by Ordinance No. 184957, effective November 25, 2011.)

17.60.080 Restoration of Streets and Public Use Easements.

(Amended by Ordinance Nos. 162574 and 184957, effective November 25, 2011.)  Upon the installation and completion of any underground system of wires and appliances, the person installing the same shall restore the surface of all pavements, improvements, landscaping and foundations thereof which were disturbed or undermined, in as good order and condition as they were prior to the installation, in accordance with the plans and specifications and as directed by and to the satisfaction of the Director of the Bureau of Transportation.

17.60.090 Use of Sidewalk Space and Building Fronts.

(Amended by Ordinance No. 184957, effective November 25, 2011.)  Any person owning or operating underground wires, conduits, or subways in compliance with this Chapter may connect the same with the side lines of the street, if approved by the Director of the Bureau of Transportation, and to that end, may use the space under the streets and sidewalks as may be necessary or convenient, and may also have access to all area‑ways under sidewalks, and may place and maintain such wires, cables and appliances in proper conduits in and through such area‑ways or spaces.  If wires or cables are run up the sides or in front of any building, such wires or cables shall be placed in proper enclosures as are required by the relevant state and local regulations governing the placement of such wires or cables to prevent danger to life or property.  If there are no relevant regulations the Director of the Bureau of Transportation may establish such requirements as he or she determines necessary to prevent danger to life or property. No wire, cable or the supports therefor shall cross any window or opening in any building.

17.60.100 Location Maps.

(Amended by Ordinance Nos. 162574 and 184957, effective November 25, 2011.)  Every person to whom a permit has been granted pursuant to this Chapter shall, upon completion of the installation of underground wires, cables, and appliances, file with the Director of the Bureau of Transportation maps, in a scale and format determined by the Director of the Bureau of Transportation, showing the location of the conduits or subways, wires, cables, vaults, manholes, and service boxes under said streets or within said public use easements designated in Section 17.60.010 or parts thereof.  The Director of the Bureau of Transportation shall maintain a record thereof.

17.60.110 Exemptions.

(Amended by Ordinances 155775, 173627, 182389, 184957, 189629 and 191464, effective September 27, 2023.) 

  1. The provisions of this Chapter with respect to underground construction or installation shall not apply to the following:
  2. A.  Wires, poles, and appliances for lighting the streets of the City under contract with the City, or under private contract, connected with wires or cables in underground conduits or subways of a public utility; but all wires for street lighting above the surface of the streets shall be placed inside or on the outside of poles used in connection with such street lighting as directed by the City and shall be connected underground from the foot or base of the respective poles directly with the nearest wires or cables placed in such conduits or subways; provided that wires for street lighting if put on the outside of poles shall be placed in proper enclosures so as not to be dangerous to life or property, excepting, however, wires above the ground connecting the poles and the wires thereof with the light fixture on the pole.
  3. B.  Traffic signal installations made and maintained by the City.  When deemed appropriate by the City Traffic Engineer agreements may be made with private property owners permitting attachment of traffic signal installations to privately owned buildings, and the Commissioner In Charge of the Bureau of Transportation is authorized to enter into or to approve agreements relating thereto, such agreements having first been approved as to form by the City Attorney.  The agreements made prior to passage hereof are hereby ratified and confirmed.
  4. C.  Wires, cables, and appliances for electric signs, advertisements, and decorative lighting, connected with wires or cables in underground conduits or subways of a public utility; provided that all such wires for electric signs, advertisements, and decorative lighting shall be carried from or connected with the building, and if such wires are placed on the sides or front of any such building, they shall be placed in proper enclosures so as not to be dangerous to life or property, and the wires shall be connected underground from the foundations or basement of the respective buildings directly with the nearest wires or cables placed in such conduits or subways.  No wire for electric signs, advertisements, or decorative lighting shall cross any street above ground.
  5. D.  Wires, cables, and appliances for telegraph, telephone, district telegraph, and fire alarm systems connected with wires or cables in underground conduits or subw