City Code Chapter
29.70.005 Generally.
In order to defray the costs of enforcement of, and to encourage compliance with, this Title, the City Administrator may impose penalties on those properties that are found to be in violation of this Title.
29.70.010 Enforcement Fees or Penalties for Nuisance, Housing and Dangerous and Derelict Buildings.
- A. The City may charge a penalty in the form of a monthly enforcement fee for each property found in violation of Chapters 29.20, 29.30, 29.35 or 29.40 of this Title that meets the following conditions:
- 1. The property is a subject of a notice of violation of this Title as described in Section 29.60.050; and
- 2. A response period of 30 days has passed since the effective date of the initial notice of violation; and
- 3. The property remains out of compliance with the initial notice of violation or any subsequent notice of violation.
- B. The amount of the monthly enforcement fee is charged as set forth in the Enforcement Fee and Penalty Schedule as approved by City Council. If all violations are not corrected within three months from the date of the initial notice of violation, subsequent enforcement fees or penalties are twice the amount listed in the Enforcement Fee and Penalty Schedule as approved by City Council.
- C. Whenever the property owner believes that all violations have been corrected, the property owner must so notify the City Administrator. Upon receipt of such notice, the City Administrator will promptly schedule an inspection of the property and will notify the property owner if any violations remain uncorrected.
- D. Once monthly enforcement fees or penalties begin, they will continue until all violations have been corrected, inspected and approved.
- E. When a property meets the conditions for charging an enforcement fee or penalty, the revenue service and program of the City Administrator will file a statement that identifies the property, the amount of the monthly fee or penalty, and the date from which the charges are to begin. The revenue service and program of the City Administrator will then:
- 1. Notify the property owner(s) of the assessment of enforcement fees or penalties and the 10 percent revenue service and program of the City Administrator charge; and
- 2. Record a property lien in the Docket of City Liens; and
- 3. Bill the property owner(s) monthly for the full amount of enforcement fees or penalties owing, plus additional charges to cover administrative costs of the revenue service and program of the City Administrator; and
- 4. Maintain lien records until:
- a. The lien and all associated interest, penalties, charges and costs are paid in full; and
- b. The City Administrator certifies that all violations listed in the original or any subsequent notice of violation have been corrected.
- F. When a property meets the conditions for assessment of fees or penalties as described in this Title, the City Administrator may also cause appropriate collection measures, including legal action in a court of competent jurisdiction, to be instituted against the property owner in order to collect the assessed fees or penalties.
29.70.020 Costs and Penalties for Abatement of Nuisances, Disable Vehicles, and Re-occupancy in Violation.
- A. Nuisances.
- 1. Whenever a nuisance is abated by the City, the City Administrator will keep an accurate account of all expenses incurred for each nuisance abated including but not limited to abatement costs, civil penalties, fees, administrative costs, recorders fees and title report charges as set forth in the Enforcement Fee and Penalty Schedule as approved by City Council.
- 2. When the City has abated a nuisance maintained by any owner of real property, for each subsequent nuisance that is abated by the City within two consecutive calendar years concerning real property, owned by the same person, an additional civil penalty as set forth in the Enforcement Fee and Penalty Schedule will be added to the costs, charges and civil penalties. The additional civil penalty will be imposed without regard to whether the nuisance abated by the City involved the same real property or are of the same character.
- 3. Costs and penalties resulting from nuisance abatement may be assessed as a lien upon the real property as provided in Subsection D.
- B. Disabled vehicles.
- 1. Whenever a vehicle is removed from real property by the City, the City Administrator will keep an accurate account of all expenses incurred for each disabled vehicle removed including but not limited to abatement costs, civil penalties, administrative costs, inspection fees, recording fees, and title report charges as set forth in the Enforcement Fee and Penalty Schedule as approved by City Council.
- 2. Whenever a vehicle has been tagged by the City and removed from real property and placed on the public right-of-way, the owner of the real property is responsible for that vehicle. The City Administrator may remove the vehicle from the right-of-way and keep an accurate account of all expenses incurred for each disabled vehicle removed including but not limited to abatement costs, civil penalties, administrative costs, fees, recording fees and title report charges as set forth in the Enforcement Fee and Penalty Schedule as approved by City Council.
- 3. Costs and penalties resulting from the abatement of disabled vehicles may be assessed as a lien upon the real property as provided in Subsection D.
- C. Occupancy of property after notice of violation.
- 1. Whenever a property owner causes or permits a vacant structure or portion thereof to be occupied in violation of this Title, a penalty as set forth in the Enforcement Fee and Penalty Schedule as approved by City Council may be imposed per structure or portion thereof.
- 2. Costs and penalties resulting from the occupancy of property after notice of violation may be assessed as a lien upon the real property as provided in Subsection D.
- D. When a property meets the conditions for assessment of fees or penalties as described in Subsections A., B. or C. above, Portland Permitting & Development will file a statement of such fees or penalties with the revenue service and program of the City Administrator. Upon receipt of the statement, the revenue service and program of the City Administrator will mail an assessment notice to the property owner. The notice will include the amount due plus 10 percent charges to cover the administrative costs of the revenue service and program of the City Administrator. At the same time the notice is mailed by the revenue service and program of the City Administrator, the revenue service and program of the City Administrator will enter the amount due or the amount of the unpaid balance, plus charges to cover the administrative cost of the revenue service and program of the City Administrator, in the Docket of City Liens, which will thereafter constitute a lien against the property. The property owner is responsible for paying all liens assessed against the property.
- E. When a property meets the conditions for assessment of fees or penalties as described in this Title, the City Administrator may also cause appropriate collection measures, including the legal action in a court of competent jurisdiction, to be instituted against the property owner in order to collect the assessed fees or penalties.
29.70.030 Building Demolition Costs and Penalties.
- A. Whenever a building is demolished by the City, the City Administrator will keep an accurate account of all expenses incurred for each building demolished, including but not limited to abatement costs, civil penalties, administrative costs, recorders fees and title report charges as set forth in the Enforcement Fee and Penalty Schedule as approved by City Council.
- B. Costs and penalties resulting from demolition by the City of any structure pursuant to this Title plus 10 percent charges to cover the administrative costs of the revenue service and program of the City Administrator may be assessed as a lien upon the real property on which the structure was located pursuant to the provisions of Portland City Code Chapter 22.06.
- C. When a property meets the conditions for assessment of fees or penalties as described in this Title, the City Administrator may also cause appropriate collection measures, including legal action in a court of competent jurisdiction, to be instituted against the property owner in order to collect the assessed fees or penalties.
29.70.040 Chronic Offender.
- A. A chronic offender is any person whose property has accumulated, within any 12-month period, multiple violations under this Title that have a negative impact on the public health or welfare and cause repeat inspections and enforcement efforts by the City Administrator.
- B. The City Administrator may adopt policies and procedures setting forth the type and number of this Title violations that result in a Chronic Offender designation.
- C. The City Administrator may pursue any or all of the following actions against a chronic offender:
- 1. Refer the chronic offender to the Code Hearings Officer, as provided in Portland City Code Title 22, for additional penalties, sanctions, and the authority to abate unresolved nuisance violations on properties owned by the chronic offender; or
- 2. Refer the chronic offender for criminal prosecution and criminal penalties of a fine of up to $500 per violation or six months in jail as provided for in Portland City Code Chapter 1.01.