Chapter 22.10 Appeals to the Code Hearings Officer

City Code Chapter

22.10.010 Definitions.

(Amended by Ordinances 187151, 189614 and 190387, effective May 5, 2021.)

  1. For the purpose of this Chapter:
  2. A.  “City bureau” means and includes any bureau, division, Board, Committee, officer, agent, or employee of the City of Portland.
  3. B.  “Decision or determination” means and includes any decision, determination, order, or other action of any City bureau.  Decisions or determinations do not include any action, decision, determination, or order that is subject to the review procedures set forth in Title 33 or Chapter 16.30 of the Code.
  4. C.  “Ex parte communication” means a direct or indirect communication about a code enforcement case pending before a Hearings Officer, between the Hearings Officer and a party to the case or their representative, which occurs outside of a public hearing. Ex parte communications do not include communications between:
    1. 1.  The Hearings Officer and any person employed or contracted by the Hearings Office.
    2. 2.  The Hearings Officer and the Hearings Office’s legal counsel.
    3. 3.  Hearings Office staff (excluding the Hearings Officer) and City staff or other participants regarding procedures or for verification of evidence in record.
  5. D.  “Mail” unless otherwise specified, means electronic mail (email) or first-class United States Post Office mail delivery service.
  6. E.  “Received” means the date and time a document is recorded as received by the Hearings Office; except that a document delivered to the Hearings Office after regularly scheduled business hours or on a Saturday, Sunday, or official City holiday or closure will be deemed to have been received on the next business day at the start of business hours.

22.10.020 Jurisdiction.

  1. A.  Whenever, pursuant to any portion of this Code, a person has the right of appeal to the Code Hearings Officer from any City bureau decision or determination, such appeal shall be in accordance with the procedures and under the conditions set forth in this Chapter.
  2. B.  No person shall have a right of appeal to the Code Hearings Officer unless the right of appeal is expressly provided for in this Code.

22.10.025 Notification of Right to Appeal; Enforcement; Remedies.

(Added by Ordinance 187151, effective September 1, 2015.)

  1. A.  City bureaus shall give notice of the right to appeal to the Code Hearings Officer in accordance with Section 3.130.020.
  2. B.  Where the Code, in accordance with Section 22.10.020, provides that an administrative appeal as defined in Section 3.130.010 is to be decided by the Code Hearings Officer, the Code Hearings Officer shall have the authority to enforce the requirements of Section 3.130.020 and may adopt evidentiary requirements by rule.
    1. 1.  If, in deciding such an administrative appeal, the Code Hearings Officer finds that a City bureau has failed to provide notice in accordance with Section 3.130.020, the Code Hearings Officer may order a just and reasonable remedy related to the failure to provide notice, including remanding the administrative act that is the subject of the administrative appeal, reducing any fees and penalties associated with the administrative act, staying the effect of the administrative act pending the outcome of the administrative appeal, or invalidating the administrative act if failure to provide notice materially prejudiced the appellant. Nothing in this Subsection shall be construed to allow the Code Hearings Officer to award monetary damages to the appellant.

22.10.030 Initiation of Appeal.

(Amended by Ordinance 187151 and 190387, effective May 5, 2021.)

  1. A.  Unless otherwise specified in this Code, a request for an appeal hearing shall be filed within 10 business days after the date of the decision or determination.  The Code Hearings Officer may waive this requirement for good cause shown.
  2. B.  The request for an appeal hearing shall be filed directly with the Code Hearings Office, in accordance with the procedures established by the office. The request shall be in writing and shall contain:
    1. 1.  a completed appeal form by either completing the questions in the online case management system or by completing and submitting an appeal form the Hearings Office makes available;
    2. 2.  a copy of the decision or determination appealed from and a statement of grounds upon which it is contended that the decision or determination is invalid, unauthorized, or otherwise improper; and
    3. 3.  any other information as the Code Hearings Officer may by rule require. 
  3. C.  By presenting to the Code Hearings Officer an appeal or other document – whether by signing, filing, submitting or later advocating it – a person or party certifies that to the best of the person’s or party’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
    1. 1.  the appeal or paper is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase costs;
    2. 2.  the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
    3. 3.  the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
  4. 4.  the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or lack of information.
  5. D.  The Code Hearings Officer shall not charge any filing fee for an appeal hearing.

22.10.040 Hearings.

(Amended by Ordinance 190387, effective May 5, 2021.)

  1. A.  Once a request for hearing is Received, the Code Hearings Officer shall schedule and hold an appeal hearing within 30 business days after the Code Hearings Office Received such request.
  2. B.  Notice of the time, date, and place of hearing shall be given to the person requesting the hearing and to the City bureau whose decision or determination is being appealed. If an attorney communicates to the Hearings Office in writing that they represent the Appellant in the matter then Notice shall be given to the attorney. Any person who reasonably appears to have an interest in the outcome of the appeal hearing may submit a written request to appear as a limited party to the Hearing. If the request is granted, then Notice shall be given to the person.
  3. C.  The time for hearing may be extended by the Code Hearings Officer for good cause shown or due to a City closure, or Mayor or Governor declared emergency, upon such terms and conditions as the Code Hearings Officer shall deem just and appropriate.

22.10.050 Hearings Procedure.

(Amended by Ordinances 187151 and 190387, effective May 5, 2021.)

  1. A.  Hearings shall be conducted in accordance with the procedures set forth in Sections 22.03.050 to 22.03.115 of this Title.
  2. B.  With the consent of all parties, the Code Hearings Officer may determine the matter without hearing upon the record.
  3. C.  The Code Hearings Officer may sustain, modify, reverse, or annul the decision or determination appealed from or the Code Hearings Officer may remand the decision or determination to the City bureau for such reconsideration, additional consideration, or further action as the Code Hearings Officer may direct.
    1. 1.  Whenever a City decision or determination is sustained on appeal and it is for recovery of money or civil penalties, the Code Hearings Officer may, upon request, award post-judgment interest at the rate set by ORS 82.010(2), unless the rate is otherwise specified in this Code.
  4. D.  Upon motion of a party or upon the Code Hearings Officer’s own motion, the Code Hearings Office may impose sanctions against a person or party who violates Subsection 22.10.030 C.
    1. 1.  Upon a motion for sanctions, the Hearings Officer shall direct the person or party to appear before the Code Hearings Officer and show cause why sanctions should not be imposed.
    2. 2.  The evidence that a person or party violated Subsection 22.10.030 C. must be clear and convincing to authorize the imposition of sanctions.
    3. 3.  Sanctions under this Section may include amounts sufficient to reimburse the City bureau for costs and other expenses incurred by reason of the Subsection 22.10.030 C. violation, prejudgment interest at the rate set by ORS 82.010(2) unless the rate is otherwise specified in this Code, and a civil penalty not to exceed $10,000 sufficient to deter repetition of the violation or comparable violations by others similarly situated.
    4. 4.  An order imposing sanctions under this Section must describe the sanctioned conduct, explain the basis of the sanction, and state the amount of the sanction.
  5. E.  The decision or determination appealed from shall be reviewed de novo by the Code Hearings Officer.

22.10.060 Nature of Determination.

(Amended by Ordinance 190387, effective May 5, 2021.)

  1. A.  The determination of the Code Hearings Officer is a quasi‑judicial decision and is not appealable to Council; appeals from any determination by the Code Hearings Officer shall be by writ of review to the Circuit Court of Multnomah County, Oregon, as provided in ORS 34.010‑34.100. If a writ of review is filed, then an audio recording of the hearing will be delivered to the City Attorney’s Office.
  2. B.  If a transcript of the audio recording is requested, then the City Attorney’s Office will fulfill this request. If the City prevails on such review, the reasonable costs of preparing the transcript, including such costs as are specified in Section 5.48.030 of this Code, shall be allowed as a part of the City's costs in such action.  However, upon petition, a court having jurisdiction to review may reduce or eliminate the charge upon finding that it is equitable to do so, or that matters of general interest would be determined by review of the order of the Code Hearings Officer.

Upcoming and Recent Changes

Ordinance No. 190387

Effective Date