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Chapter 29.60 Administration and Enforcement

City Code Chapter

29.60.010 Administration Authority and Responsibility.

The City Administrator administers and enforces all of the provisions of this Title. In accordance with approved procedures, the City Administrator may employ qualified officers, inspectors, assistants, and other employees as may be necessary to carry out the provisions of this Title. The authority of the City Administrator to enforce the provisions of this Title is independent of and in addition to the authority of other City officials to enforce the provisions of any other Title of Portland City Code.

29.60.020 Authorization to Inspect.

The City Administrator may inspect property for the purposes of enforcing this Title. Wherever possible, inspections made by the personnel of Portland Permitting & Development or the Portland Fire Bureau will be coordinated in order to avoid the issuance of multiple or conflicting orders.

29.60.030 Enforcing Compliance.

To enforce any of the requirements of this Title, the City Administrator may:

  1. A. Institute an action before the Code Hearings Officer as set out in Portland City Code Title 22;
  2. B. Cause an appropriate action to be instituted in a court of competent jurisdiction; or
  3. C. Take other action as the City Administrator in the exercise of their discretion deems appropriate.

29.60.040 Right of Entry; Inspection Warrants.

  1. A. Right of entry. The City Administrator may enter property, including the interior of structures, at all reasonable times whenever an inspection is necessary to enforce any building regulations, or whenever the City Administrator has reasonable cause to believe that there exists in any structure or upon any property any condition that makes such property substandard as defined in any building regulations. In the case of entry into areas of property that are plainly enclosed to create privacy and prevent access by unauthorized persons, the following steps will be taken:
    1. 1. Occupied property. If any structure on the property is occupied, the City Administrator will first present proper credentials and request entry. If entry is refused, the City Administrator may attempt to obtain entry by obtaining an inspection warrant;
    2. 2. Unoccupied property.
      1. a. If the property is unoccupied, the City Administrator will contact the property owner, or other persons having charge or control of the property, and request entry. If entry is refused, the City Administrator may attempt to obtain entry by obtaining an inspection warrant.
      2. b. If structures on the property are unoccupied, the City Administrator will first make a reasonable attempt to locate the owner or other persons having charge or control of the property and request entry. If entry is refused, the City Administrator may attempt to obtain entry by obtaining an inspection warrant; or
    3. 3. Open, unoccupied property. If any structure on the property is unoccupied and open:
      1. a. The City Administrator will notify the owner of the property’s condition and order the owner, or other persons having charge or control of the property, to immediately secure the premises against the entry of unauthorized persons. If the property is not secured within 15 days from the date notice is sent, the City Administrator may secure the property as provided in Chapter 29.20.
      2. b. If the City Administrator believes that a hazardous condition exists, the City Administrator may immediately secure the property as provided in Chapter 29.20. Following the summary abatement, the City Administrator will notify the owner, or other persons having charge or control of the property, of the condition of the property and request entry. If entry is refused, the City Administrator may attempt to obtain entry by obtaining an inspection or abatement warrant.
  2. B. Grounds for issuance of inspection warrants; affidavit.
    1. 1. Affidavit. An inspection warrant may be issued only upon cause, supported by affidavit, particularly describing the applicant's status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the inspection or investigation, the property to be inspected or investigated and the purpose for which the inspection or investigation is to be made including the basis upon which cause exists to inspect. In addition, the affidavit will contain either a statement that entry has been sought and refused, or facts or circumstances reasonably showing that the purposes of the inspection or investigation might be frustrated if entry were sought without an inspection warrant.
    2. 2. Cause. Cause will be deemed to exist if reasonable legislative or administrative standards for conducting a routine, periodic or area inspection are satisfied with respect to any building or upon any property, or there is probable cause to believe that a condition of nonconformity with any building regulation exists with respect to the designated property, or an investigation is reasonably believed to be necessary in order to discover or verify the condition of the property for conformity with building regulations.
  3. C. Procedure for issuance of inspection warrant.
    1. 1. Examination. Before issuing an inspection warrant, the judge may examine under oath the applicant and any other witness and will be satisfied of the existence of grounds for granting such application.
    2. 2. Issuance. If the judge is satisfied that cause for the inspection or investigation exists and that the other requirements for granting the application are satisfied, the judge will issue the warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered and the purpose of the inspection or investigation. The warrant will contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.
    3. 3. Police assistance. In issuing an inspection warrant on unoccupied property, including abatement warrants pursuant to Section 29.60.060, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and assist the City Administrator or representative of the department inspecting the property in any way necessary to complete the inspection.
  4. D. Execution of inspection warrants
    1. 1. Occupied property. Except as provided in Subsection 2. of this Section, in executing an inspection warrant, the person authorized to execute the warrant will, before entry into the occupied premises, make a reasonable effort to present the person's credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property the warrant or a copy thereof upon request.
    2. 2. Unoccupied property. In executing an inspection warrant, the person authorized to execute the warrant need not inform anyone of the person's authority and purpose, as prescribed in Subsection 1. of this Section, but may promptly enter the property if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be in such condition. In such case a copy of the warrant will be conspicuously posted upon the property.
    3. 3. Return. An inspection warrant must be executed within 10 working days of its issue and returned to the judge by whom it was issued within 10 working days from its date of execution. After the expiration of the time prescribed by this Subsection, the warrant unless executed is void.

29.60.050 Notice and Order.

  1. A. Notification required. Except in the case of summary abatement or immediate danger, if the City Administrator finds one or more violations of the provisions of this Title on a property or adjacent right of way, the City Administrator will notify the property owner to repair, remove or take any other action as necessary to correct the violations. Notification to the property owner will be accomplished by mailing a notice to the owner, at the owner's address as recorded in the county assessment and taxation records for the property. The notice may be sent via First Class Mail or certified mail at the City Administrator's discretion. Notice to the property owner may also be accomplished by posting notice on the property.
  2. In addition to the above notice to the property owner, prior notice before towing a disabled vehicle must be provided by mailing a notice to the registered owner(s) and any other persons who reasonably appear to have an interest in the vehicle within 48 hours, Saturdays, Sundays and holidays excluded, after the notice has been posted on the property. The City Administrator will also provide notice to the registered owner and other persons who have an interest in the disabled vehicle by posting written notice on the vehicle.
  3. B. Content of the notice. The notice will include:
    1. 1. The date of posting (if notice was posted at the property);
    2. 2. The street address or a description sufficient for identification of the property;
    3. 3. A statement that one or more violations of this Title exist at the property with a general description of the violation(s);
    4. 4. Disclosure that penalties, charges, and liens may result from a failure to remedy the violations, and in the case of a disabled vehicle, a statement that the City intends to tow and remove the vehicle if the violation is not corrected;
    5. 5. Specification of a response period during which the property may be brought into compliance with this Title before penalties, charges, or liens will be assessed; and
    6. 6. Disclose the owner’s right to appeal the findings of the notice of violation and a description of the time limits for requesting an administrative review or a hearing, as described in Chapter 29.80 of this Title.
  4. C. Notification by mail. An error in the name of the property owner or address listed in the county assessment and taxation records for the property will not render the notice void, but in such case the posted notice, if a notice was posted on the property, will be deemed sufficient.
  5. D. Notification following summary abatement. When summary abatement is authorized by this Title, the decision regarding whether or not to use summary abatement will be at the City Administrator’s discretion. In the case of summary abatement, notice to the owner or occupant of the property prior to abatement is not required. However, following summary abatement, the City Administrator will post upon the property liable for the abatement a notice describing the action taken to abate the nuisance violation. In addition, a Notice of Summary Abatement will be mailed to the property owner. The Notice of Summary Abatement will include:
    1. 1. The date the nuisance on the property was abated;
    2. 2. The street address or description sufficient for identification of the property;
    3. 3. A statement of the violations of this Title that existed at the property and were summarily abated;
    4. 4. Disclosure that penalties, charges and liens will result from the summary abatement;
    5. 5. Disclosure of the owner's right to appeal the findings of the notice.
  6. E. Compliance inspections and penalties. The City Administrator will monitor compliance with the notice through periodic tracking and inspection. Once a notice has been mailed, the owner will be responsible for all enforcement penalties associated with the property, as described in Chapter 29.70, until the violations are corrected and the City Administrator has been so notified. Except in the case of summary abatement, whenever the owner believes that all violations listed in the first or any subsequent notice of violation have been corrected, they must notify the City Administrator.
  7. F. Time limits for repair. The City Administrator may set time limits in which the violations of this Title are to be corrected. Failure to comply with the time limits is a violation of this Title.
  8. G. Effective date of notice. All notices served pursuant to this section will be considered served as of the date and time of mailing the notice described in Subsections A. and C. of this section.
  9. H. Information filed with County Recorder. If the City Administrator finds violations of this Title on any property, the City Administrator may record with the County Recorder information regarding Portland City Code violations and possible liens on the property.

29.60.060 Nuisance Abatement; Warrants.

  1. A. Abatement. If, within the time limit set by the City Administrator in the notice of violation, any nuisance described in the notice has not been removed and abated, or cause shown, as specified in Chapter 29.80 of this Title, why such nuisance should not be removed or abated, or where summary abatement is authorized, the City Administrator may cause the nuisance to be removed and abated, including disposal in an approved manner.
  2. B. Warrants. The City Administrator may request any Circuit Court judge to issue a nuisance abatement warrant whenever entry onto private property is necessary to remove and abate any nuisance, or whenever the City Administrator has reasonable cause to believe that there exists in any building or upon any property any nuisance that makes such property substandard as defined in any building regulations.
  3. C. Grounds for issuance of nuisance abatement warrants; affidavit.
    1. 1. Affidavit. A nuisance abatement warrant may be issued only upon cause, supported by affidavit, particularly describing the applicant's status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the removal and abatement of the nuisance, the building or property to be entered, the basis upon which cause exists to remove or abate the nuisance, and a statement of the general types and estimated quantity of the items to be removed or conditions abated.
    2. 2. Cause. Cause will be deemed to exist if reasonable legislative or administrative standards for removing and abating nuisances are satisfied with respect to any building or upon any property, or if there is cause to believe that a nuisance violation exists, as defined in this Title, with respect to the designated property.
  4. D. Procedure for issuance of a nuisance abatement warrant.
    1. 1. Examination. Before issuing a nuisance abatement warrant, the judge may examine the applicant and any other witness under oath and will be satisfied of the existence of grounds for granting such application.
    2. 2. Issuance. If the judge is satisfied that cause for the removal and abatement of any nuisance exists and that the other requirements for granting the application are satisfied, the judge will issue the warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered, and a statement of the general types and estimated quantity of the items to be removed or conditions abated. The warrant will contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.
    3. 3. Police assistance. In issuing a nuisance abatement warrant, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and to assist the representative of Portland Permitting & Development in any way necessary to enter the property and, remove and abate the nuisance.
  5. E. Execution of nuisance abatement warrants.
    1. 1. Occupied property. Except as provided in Subsection 2. of this Section, in executing a nuisance abatement warrant, the person authorized to execute the warrant will, before entry into the occupied premises, make a reasonable effort to present the person's credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property the warrant or a copy thereof upon request.
    2. 2. Unoccupied property. In executing a nuisance abatement warrant on unoccupied property, the person authorized to execute the warrant need not inform anyone of the person's authority and purpose, as prescribed in Subsection 1. of this Section, but may promptly enter the designated property if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be in such condition. In such case a copy of the nuisance abatement warrant will be conspicuously posted on the property.
    3. 3. Return. A nuisance abatement warrant must be executed within 10 working day of its issue and returned to the judge by whom it was issued within 10 working days from its date of execution. After the expiration of the time prescribed by this Subsection, the warrant unless executed is void.
  6. F. Disposal of nuisance items removed. The City Administrator may cause the nuisance items removed pursuant to the nuisance abatement warrant to be disposed of in an approved manner whenever the City Administrator, in their discretion, finds that the fair and reasonable value of the items at resale would be less than the cost of storing and selling the items. In making the above determination, the City Administrator may include in the costs of sale the reasonable cost of removing the items to a place of storage, of storing the items for resale, of holding the resale including reasonable staff allowances, and all other reasonable and necessary expenses of holding the sale.

29.60.070 Vacating Structures.

  1. A. Any structure found to be in violation of Chapter 29.30 or 29.35 to such an extent as to be a hazard or declared a dangerous structure under Chapter 29.40 may be vacated, secured, and maintained against entry by order of the Code Hearings Officer.
  2. B. If the City Administrator finds violations to the extent that an immediate danger is posed to the health, safety, or welfare of the occupants, or that of the general public, the City Administrator may order part of the structure, or all of the structure, to be vacated or demolished forthwith, if in the City Administrator’s discretion, circumstances are found that do not allow time for prior application to the Hearings Officer.
    1. 1. The owner or any tenant of the property, who has been affected by the City Administrator’s determination to vacate may appeal that determination to the Code Hearings Officer by following the procedure contained in Portland City Code Section 22.20.030.
    2. 2. Upon receipt of a request for hearing pursuant to Portland City Code Section 22.20.030, the Code Hearings Officer will schedule and hold an appeal hearing within 10 days after the receipt of the request.
  3. C. Upon vacation of the structure a notice will be posted at or on each exit of the building. Whenever such notice is posted, the City Administrator will include in such notice a statement declaring the building unsafe to occupy and specifying the conditions that necessitate the posting.
  4. D. Unless authorized by the City Administrator, it is unlawful for any person knowingly to enter or remain in any structure that the City Administrator has ordered vacated pursuant to this Section. In addition to any civil penalties imposed pursuant to Portland City Code Subsection 22.05.010 A.5. or Chapter 29.70, any person knowingly entering or remaining in such a structure will upon conviction be punished by a fine of not more than $500, or by imprisonment not exceeding six months, or both.

29.60.080 Referral to the Hearings Officer for Repair or Demolition of Dangerous Structures.

At any time after the City Administrator identifies a property as containing a dangerous structure and has notified the owner as specified in Section 29.60.050, the City Administrator may cause an action to be instituted before the Code Hearings Officer as provided in Portland City Code Title 22. In the event the owner fails or neglects to comply with any order of the Hearings Officer to repair or demolish a structure, the Hearings Officer may authorize Portland Permitting & Development to carry out such repairs or demolish the structure.

29.60.085 Demolition; Warrants

  1. A. Abatement. If, within the time limit set by the Hearings Officer’s Order for Demolition, the dangerous structure described in the Order has not been removed and abated, or cause shown, as specified in Chapter 29.80 of this Title, why such dangerous structure should not be removed or abated, or where summary abatement is authorized, the City Administrator may cause the dangerous structure to be removed and abated, including disposal in an approved manner.
  2. B. Warrants. The City Administrator may request any Circuit Court judge to issue a demolition warrant whenever entry onto private property is necessary to demolish a dangerous structure.
  3. C. Grounds for issuance of demolition warrants; affidavit.
    1. 1. Affidavit. A demolition warrant may be issued only upon cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the demolition of the dangerous structure, the building or property to be entered, the basis upon which cause exists to demolish the dangerous structure and a general statement describing the structure to be demolished. In addition, the affidavit will contain a statement describing the conditions under which the demolition is to be completed, including completion of all work on the property within a 30-day period.
    2. 2. Cause. Cause will be deemed to exist if reasonable legislative or administrative standards are satisfied with respect to the demolition of the dangerous structure.
  4. D. Procedure for issuance of a demolition warrant.
    1. 1. Examination. Before issuing a demolition warrant, the judge may examine the applicant and any other witness under oath and will be satisfied of the existence of grounds for granting such application.
    2. 2. Issuance. If the judge is satisfied that cause for the demolition of any dangerous structure exists and that the other requirements for granting the application are satisfied, the judge will issue the demolition warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered, and a statement describing the structure to be demolished and the work to be performed. The warrant will contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.
    3. 3. Police assistance. In issuing a demolition warrant, the judge may authorize any peace officer, as defined in Oregon Revised Statues, to enter the described property to remove any person or obstacle and to assist the representative of Portland Permitting & Development in any way necessary to enter the property and demolish the dangerous structure.
  5. E. Execution of demolition warrants.
    1. 1. Execution. In executing the demolition warrant, the person authorized to execute the warrant need not inform anyone of the person’s authority or purpose but may promptly enter the designated property if it is or at the time reasonably appears to be a) unoccupied, or b) not in the possession of any person. A copy of the demolition warrant will be conspicuously posted on the property.
    2. 2. Return. A demolition warrant must be executed within 10 working days of its issuance by the judge. The authority to enter into the property and perform the demolition work will continue for a period of up to 30 days after the date of execution, unless the judge extends this time before it has expired. The executed warrant must be returned to the judge upon the completion of the demolition or the expiration of the authorized time, whichever occurs first. If the warrant is not executed within 10 days after the issuance by the judge, the warrant will be void.
  6. F. Disposal of demolition debris. The City Administrator may cause the debris to be removed pursuant to the demolition warrant and disposed of in an approved manner whenever the City Administrator, in their discretion, finds that the fair and reasonable value of the debris would be less than the cost of storing and selling the items. In making the above determination, the City Administrator may include in the costs of sale the reasonable cost of removing debris to a place of storage, of storing the items for resale, of holding the resale including reasonable allowances for costs of staff, and any other reasonable and necessary expenses of holding a sale.

29.60.100 Exceptions.

  1. A. The City Administrator may grant an exception when the enforcement of the requirements of this Title would cause undue hardship to the owner or occupants of the affected property, or whenever the City Administrator deems it necessary in order to accomplish the purpose of this Title.
  2. B. To carry out the intent of this Section the City Administrator will establish written policies in the form of waivers to explain the exceptions that are available to property owners. The waivers will include the following information:
    1. 1. An explanation of the purpose of the waiver;
    2. 2. A list of the requirements the owner must meet in order to qualify for the waiver;
    3. 3. An explanation of the period of time during which the waiver will be in effect; and
    4. 4. A list of the actions the owner must perform to fulfill their responsibilities to maintain the waiver and to prevent the waiver from being cancelled.
  3. C. The owner must apply for a waiver in writing. This Section may not be construed so as to evade the provisions of Portland City Code Title 22.
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