City Code Chapter
(Chapter replaced by Ordinance 175237; amended by Ordinance 176955, effective October 9, 2002.)
(Amended by Ordinance 176955, effective October 9, 2002.)
- The Bureau of Development Services shall be under the supervision of the Director. The Director shall be directly responsible to the Commissioner in Charge.
3.30.010 Duties of the Bureau of Development Services.
- The Bureau of Development Services shall be responsible for:
- A. The administration and enforcement of provisions of the Tree Regulations, Title 11, as further specified in that Title.
- B. The administration and enforcement of:
- 1. Building Regulations, Title 24.
- 2. Plumbing Regulations, Title 25.
- 3. Electrical Regulations, Title 26.
- 4. Heating and Ventilating Regulations, Title 27.
- 5. Floating Structures, Title 28.
- 6. Property Maintenance Regulations, Title 29.
- 7. Signs and Related Regulations, Title 32.
- 8. Original Art Murals, Title 4.
- 9. State of Oregon Regulations regarding manufactured dwellings.
- 10. Other regulations enacted by the State of Oregon and adopted by the City Council and assigned to the Bureau.
- C. The application and enforcement of the provisions of Planning and Zoning Regulations, Title 33 as delegated by the Director of the Bureau of Planning and Sustainability.
- D. The examination and checking of applications, plans, specifications and supporting documentation required as a prerequisite to the approval of land use actions and permits for development.
- E. The coordination of related permits with other bureaus and offices as required to manage the Development Services Center.
- F. The issuance of approvals and permits required for the construction, installation, repair, or alteration of land, buildings or equipment.
- G. The inspection of sites, buildings or other structures and equipment for compliance with plans and specifications and with applicable Code provisions and laws; and
- H. Other duties as assigned to the Bureau.
3.30.020 Responsibility for the Development Services Center and Development Review.
(Amended by Ordinance 176955, effective October 9, 2002.)
- A. The Bureau of Development Services shall be responsible for the operation and management of the City’s Development Services Center.
- B. The Bureau of Development Services has management responsibility for assigned personnel through direct assignment or through interagency agreements, and manages the daily operation of the Center.
3.30.030 Development Review Advisory Committee.
- A. Purpose. The Development Review Advisory Committee is a citizen advisory body, representing those with interests in the outcome of policies, budgets, regulations, and procedures that affect development review processes. The purpose of the Committee is to foster a timely, predictable and accountable development review process that implements the City’s goals for land use, transportation, housing, economic development, neighborhood livability and the environment. The Committee advocates for and supports consistent and fair application and implementation of regulations. The Committee provides public input into the development review process by:
- 1. Providing leadership and expertise on issues affecting development;
- 2. Providing feedback to Bureaus, Review Bodies, and City Council on the impact of potential regulations and administrative rules on the development review process, taking into consideration the full range of City goals and objectives;
- 3. Providing recommendations for regulatory, code, and administrative rule changes affecting the development review process;
- 4. Monitoring the application and enforcement of regulations for their effectiveness in achieving the City’s development goals;
- 5. Recommending customer service, permitting, process, and compliance improvements to Bureaus, Review Bodies, and/or City Council;
- 6. Serving as an advisory board to Development Review Directors and Bureaus on development review processes and procedures;
- 7. Providing input to ensure budgets of development review agencies are adequate to meet service goals and desired system outcomes.
- B. Membership. The Development Review Advisory Committee shall consist of seventeen members. The members shall be appointed by the Commissioner-in-Charge of the Bureau of Development Services and confirmed by the City Council. The members shall be selected to provide representation of those persons concerned about planning, design and development. The areas of interest of members shall include, but not be limited to, development, planning, construction contracting, public works, design professions, neighborhood interests, business interests, historic preservation, environmental organizations, and institutional properties. Members shall be appointed so that the Committee consists of one member from organizations representing each of the following groups, or if organizations do not exist, an individual advocate for the representative group will be appointed:
- 1. Frequent development review customers
- 2. Citywide neighborhood interests
- 3. Design professionals
- 4. Environmental conservation and green building
- 5. Historic preservation
- 6. Home builders
- 7. Home remodelers
- 8. Land use planning professions
- 9. Large developers
- 10. Large construction contractors
- 11. Low-income housing developers
- 12. Major facilities landowners
- 13. Minority construction contractors and development professionals
- 14. Neighborhood Coalition Land Use Committees
- 15. Small businesses
- 16. Planning Commission, as designated by the Planning Commission President, and serves as an ex officio member of the Committee.
- 17. Public works permit customers
- C. Appointments and Terms. Appointment to the Development Review Advisory Committee shall be for a three-year term. If a position is vacated during a term, it shall be filled for the unexpired term. Members of the Development Review Advisory Committee shall serve no more than two, complete three-year terms.
- D. Meetings, Officers, and Subcommittees.
- 1. The Development Review Advisory Committee shall meet at least five times yearly and as otherwise necessary to conduct its business. Meetings shall be conducted in accordance with adopted rules of procedure. Seven members shall constitute a quorum. A quorum shall be necessary to make decisions that represent the position of the Development Review Advisory Committee and to conduct any other Committee responsibilities. The election of officers shall take place at the first meeting of each calendar year.
- 2. The officers of the Committee shall consist of a Chairperson and a Vice-chairperson. The chairperson shall be responsible for conducting the meetings of the committee. The vice chairperson shall act as chair when the chairperson is not available.
- 3. The Development Review Advisory Committee may divide its members into subcommittees which are authorized to act on behalf of the committee for an assigned purpose. Subcommittee actions require the affirmative vote of at least three members.
- E. Attendance. Members of the Development Review Advisory Committee are expected to attend each meeting of the committee. The Commissioner-in-Charge may replace any member who accrues unexcused absences from three or more consecutive meetings or more than 50 percent of the meetings in any year.
- F. Compensation. Development Review Advisory Committee members shall serve without compensation.
3.30.040 Administration and Enforcement.
- In order to carry out the duties as set forth in Section 3.30.010, the Director of the Bureau of Development Services may:
- A. Adopt, amend and repeal administrative rules, policies, procedures and forms for the enforcement of applicable Code provisions and laws.
- B. Establish enforcement fees or penalties for non-compliance.
- C. Establish enforcement priorities based on the number of budgeted enforcement personnel, public safety and welfare factors, and any priorities established by City Council.
- D. Gain compliance by:
- 1. Instituting an action before the Code Hearings Officer in the manner provided for by Title 22 of this Code.
- 2. Causing appropriate action to be instituted in a court of competent jurisdiction.
- 3. Issuing a code violation citation directly to the contractor or person responsible for carrying out the work. Any person receiving a citation for violating the provisions of the City Code administered by the Bureau of Development Services shall be subject to a fine of up to $1,000 for each citation issued.
- 4. Taking other lawful action.
- 5. Revoking a Type B home occupation permit for failure to comply with the regulations of City Code Chapter 33.203 or revoking a Type A accessory short-term rental permit for failure to comply with the regulations of City Code Chapter 33.207 by using the following procedures:
- a. If the Director determines that cause for revocation of a permit exists, the Director shall provide written notice thereof to the permittee. The notice shall contain a brief description of the facts supporting the revocation, the date the revocation shall become final and a notice of the permittee's right to appeal the revocation.
- b. The notice shall be mailed by certified mail, return receipt requested, and regular mail to the permittee. The notice shall be effective upon three days after mailing.
- c. The revocation shall become final and effective ten days after the notice is effective, unless an appeal is filed.
- d. Any permittee whose permit has been revoked may appeal the revocation to the Code Hearings Officer pursuant to the provisions of City Code Chapter 22.10. The filing of an appeal shall stay the effective date of the revocation until the appeal is determined in a final decision by the Code Hearings Officer.
- E. Impose fees or penalties for non-compliance, provide notification, and allow for appeals by:
- 1. Initiating the notification procedures provided in Section 29.60.050.
- 2. Imposing monthly enforcement fees or penalties for each property that meets the following conditions:
- a. The property is the subject of a notice of violation by the Bureau of Development Services; and
- b. A response period of 30 days has passed since the effective date of the initial notice of violation; and
- c. The property remains out of compliance with the initial notice of violation or any subsequent notice of violation.
- 3. Doubling the penalties if the violations are not corrected within three months from the initial notice of violation.
- 4. Imposing an additional penalty as set forth in the Enforcement Fee and Penalty Schedule against any property for which a code enforcement proceeding is initiated before the Code Hearings Officer pursuant to the provisions of Title 22 of this Code.
- 5. All required fees or penalties are listed in the Enforcement Fee and Penalty Schedule adopted by City Council. Fees or penalties may be updated annually or on an as needed basis. The approved Enforcement Fee and Penalty Schedule will be available at the Bureau of Development Services Center and on the bureau’s Web site.
- 6. When a property meets the conditions for charging any Council approved fee or penalty for noncompliance, the Director shall file a statement with the Revenue Division identifying the property, the amount of the fee or penalty and the date upon which the charge should be assessed. The Revenue Division shall notify the property owner of the amount of the assessed fees and penalties, and a 10 percent Revenue Division charge. The Revenue Division shall record the total amount as a lien in the Docket of City Liens. The Revenue Division shall maintain the lien record until the lien and all associated interest and costs are paid in full, and the Director certifies that all violations listed in the original or subsequent notice of violation have been corrected.
- 7. Providing for administrative procedures as set forth in Subsections 29.70.010 C. through E.
- 8. Providing for administrative review and the opportunity for appeal to the Code Hearings Officer as set forth in Section 29.80.010.
- 9. Allowing exceptions as provided in Section 29.60.100.
3.30.045 Administrative Rulemaking Procedures.
- A. The Director has been delegated the authority to adopt and administer administrative rules appropriate to perform the duties set forth in Section 3.30.010 of this Title. Such administrative rules shall be adopted according to the procedures in this Section.
- B. Permanent rules.
- 1. Prior to the adoption of a permanent rule, the Director shall:
- a. Publish a notice in a newspaper of general circulation in the City. The notice must be published not less than thirty days before adoption of the administrative rule. The notice shall include the place and time of a proposed public hearing; a brief description of the subjects covered by the proposed rule; the final date for acceptance of written comments; the location to submit comments; and the location where copies of the full set of the proposed rules may be obtained. A copy of the notice will be provided to the Office of Community & Civic Life at least thirty days before adoption. The Director is only required to hold the public hearing if a written request is filed seeking a hearing.
- b. During the public review process, the Director shall hear testimony and receive written comments regarding the proposed rules.
- c. The Director will review the testimony and comments and may either adopt the proposed rule, modify it or reject it.
- d. If the Director makes a substantial modification to the proposed rule, the Director may provide additional time for public review and comment prior to adoption.
- 2. Unless otherwise stated, all rules will be effective upon adoption by the Director.
- 1. Prior to the adoption of a permanent rule, the Director shall:
- C. Interim rules.
- 1. The Director may adopt an interim rule without prior notice upon a finding that a failure to act promptly will result in prejudice to the public interest.
- 2. Interim rules will be effective for a period of not longer than 180 days.
- 3. The Bureau of Development Services shall post public notice of the interim rule not more than 30 days after adoption by posting on its website and shall send notice to the Office of Community & Civic Life. Such notice shall identify the location at which copies of the full set of the interim rules may be obtained.
- D. All final and interim rules shall be filed in the office of the Director. Copies of all final and interim rules will be made available to the public at the Development Services Center.
3.30.050 Special Jurisdiction.
(Amended by Ordinances 176585, 176955 and 182456, effective December 24, 2008).
- The Bureau of Development Services shall have authority to enforce Section 14A.20.070, and Subsections 16.10.200 L., 16.20.120 H., and 16.20.130 I., 16.20.160 and Sections 16.20.170, 16.70.450 and 16.70.800. The Bureau shall have authority to issue parking citations and order the towing and storage and/or removal of such vehicles and objects. In addition, violations of Section 16.20.160 are also subject to the Bureau of Development Services enforcement remedies as described in Subsection 3.30.040 C.
3.30.060 Nuisance Abatement Contracts.
(Amended by Ordinance 176955, effective October 9, 2002.)
- When authorized elsewhere in this Code to abate a nuisance, the Bureau of Development Services may either abate the nuisance with City personnel as may be provided by this Code, or when necessary, the Bureau of Development Services, acting through its Director, may contract with eligible contractors for the performance of nuisance abatement services pursuant to the procedures established in Sections 3.30.040 through 3.30.060 of this Code.
- A. Definitions. The terms used in this Section shall be defined as provided in this subsection, unless the context requires otherwise:
- 1. Building Regulations means any city code title listed in 3.30.010, or any other safety or health statute, ordinance, regulation, rule, standard or order the Director is authorized to enforce.
- 2. Property means real property and all improvements or structures on real property, from property line to property line.
- B. Warrants. Whenever an inspection is necessary to enforce any of the provisions authorized by this Title, or whenever the Director has reasonable cause to believe that there exists in any building or upon any property any condition which makes such property substandard as defined in any building regulations, the Director may request any Circuit Court judge to issue an inspection warrant for the inspection or investigation of any building or upon any property as required or authorized by city code or by statute. The inspection warrant is an order authorizing a safety or health inspection or investigation to be conducted at a designated building or property.
- C. Grounds for Issuance of Inspection Warrants; Affidavit.
- 1. Affidavit. An inspection warrant shall 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 building or 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 shall 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. Cause. Cause shall 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 cause to believe that a condition of nonconformity with any building regulations 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 any building regulations.
- D. Procedure for Issuance of Inspection Warrant.
- 1. Examination. Before issuing an inspection warrant, the judge may examine the applicant and any other witness under oath and shall be satisfied of the existence of grounds for granting such application.
- 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 shall issue the warrant, particularly the person or persons authorized to execute the warrant, the property to be entered, and the purpose of the inspection or investigation. The warrant shall 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 other time of the day or night.
- E. Execution of Inspection Warrants.
- 1. Occupied Property. Except as provided in subsection 2. of this section, in executing an inspection warrant, the person authorized to execute the warrant shall, 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. Unoccupied Property. In executing an inspection 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 search warrant shall be conspicuously posted on the property.
- 3. Police Assistance. In issuing an inspection 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 assist the building inspector or representative of the bureau inspecting the property in any way necessary to complete the inspection.
- 4. 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 5 working days from its date of execution, unless such judge before the expiration of such time extends the time for five days. After the expiration of the time prescribed by this subsection, the warrant unless executed is void.
3.30.080 Stop Work Orders.
- A. When it is necessary to obtain compliance with this Title, or any violations of provisions administered by the Bureau of Development Services, the Director may issue a stop work order requiring that all work, except work directly related to elimination of the violation, be immediately and completely stopped. If the Director issues a stop work order, activity subject to the order may not resume until such time as the Director give specific approval in writing. The stop work order will be in writing and will include:
- 1. The date of the order is issued;
- 2. Permit or registration number, where applicable;
- 3. Site address, legal description or project location that is subject to the stop work order;
- 4. A description of violations observed; and
- 5. The conditions under which the work may resume.
- B. The stop work order will be posted by the Director at a conspicuous location at the site. In addition, a copy of the order will either be personally delivered or sent to the property owner (and any person authorized to act on the owner’s behalf, if identified) by regular first-class mail.
- C. It is unlawful for any person to remove, obscure, mutilate or otherwise damage a stop work order.
- D. A stop work order is effective upon posting.
- E. When an emergency condition exists, the Director may issue a stop work order orally. The Director will then issue a written notice as provided under Section A., above, within one working day.
- F. The Director may issue a stop work order for work commenced without a required permit.
- G. The Director may impose a penalty as set forth in the Enforcement Fee and Penalty Schedule adopted by the City Council when a stop work order is issued. The stop work order penalty may be assessed daily for each day the violation or condition giving rise to the order continues.
- H. Review of Stop Work Order by the Director.
- 1. If a property owner (and any person authorized to act on the owner’s behalf) has received a stop work order as described in this Section and the property owner (and any person authorized to act on the owner’s behalf) believes the order has been issued in error, the property owner (and any person authorized to act on the owner’s behalf) may request that the order be reviewed by the Director. The property owner (and any person authorized to act on the owner’s behalf) must submit a written request to the Director within 15 calendar days of the date of the order. The written request shall be submitted together with all evidence that supports the request. Work subject to a stop work order may not be resumed until approved according to Subsection A. of this Section. Following review, the Director will issue a written determination. The Director’s determination will be served on the property owner (and any person authorized to act on the owner’s behalf) by regular mail.
- 2. A property owner (and any person authorized to act on the owner’s behalf) may appeal the Director’s written determination to the Code Hearings Officer in accordance with Portland City Code Chapter 22.10.
- 3. Nothing in this Chapter limits the authority of the Director to initiate a code enforcement proceeding under Title 22.