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3.30.040 Administration and Enforcement.

City Code Section

In order to carry out the duties as set forth in in this Chapter, the City Administrator may:

  1. A. Adopt, amend, and repeal policies, procedures, and forms for the enforcement of applicable Code provisions and laws.
  2. B. Establish enforcement fees or penalties for noncompliance.
  3. C. Establish enforcement priorities based on the following:
    1. 1. The number of budgeted enforcement personnel;
    2. 2. Public safety and welfare factors;
    3. 3. Priorities established by the Council before January 1, 2025; and
    4. 4. Priorities established by the City Administrator on or after January 1, 2025.
  4. D. Compel compliance by:
    1. 1. Instituting an action before the Code Hearings Officer in the manner provided for by Title 22 of this Code.
    2. 2. Causing an appropriate action to be instituted in a court of competent jurisdiction.
    3. 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 Code provisions administered by Portland Permitting & Development will be subject to a fine of up to $1,000 for each citation issued.
    4. 4. Taking other lawful action.
    5. 5. Revoking a Type B home occupation permit for failure to comply with the regulations of Portland City Code Chapter 33.203 or revoking a Type A accessory short-term rental permit for failure to comply with the regulations of Portland City Code Chapter 33.207 by using the following procedures:
      1. a.  If the City Administrator determines that cause for revocation of a permit exists, the City Administrator will provide written notice thereof to the permittee. The notice will contain a brief description of the facts supporting the revocation, the date the revocation becomes final and a notice of the permittee's right to appeal the revocation.
      2. b.  The notice will be mailed by certified mail, return receipt requested, and regular mail to the permittee. 
      3. c.  The revocation will become final and effective thirteen calendar days after the notice is mailed unless an appeal is filed.
      4. d.  Any permittee whose permit has been revoked may appeal the revocation to the Code Hearings Officer pursuant to the provisions of Portland City Code Chapter 22.10. The filing of an appeal will stay the effective date of the revocation until the appeal is determined in a final decision by the Code Hearings Officer.
  5. E. Impose fees or penalties for non-compliance, issue citations, provide notification, and allow for appeals by:
    1. 1. Initiating the notification procedures provided in Portland City Code Section 29.60.050.
    2. 2. Imposing monthly enforcement fees or penalties for each property that meets the following conditions:
      1. a.  The property is the subject of a notice of violation by Portland Permitting & Development; 
      2. b.  A response period of 30 calendar days has passed since the effective date of the initial notice of violation; and
      3. c.  The property remains out of compliance with the initial notice of violation or any subsequent notice of violation.
    3. 3. Doubling the penalties if the violations are not corrected within three months from the initial notice of violation.
    4. 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. 5. All required fees or penalties are listed in the Enforcement Fee and Penalty Schedule adopted by Council. Fees or penalties may be updated annually or on an as-needed basis. The approved Enforcement Fee and Penalty Schedule is available at the Development Services Center and on Portland Permitting & Development’s web site.
    6. 6. When a property meets the conditions for charging any fee or penalty for noncompliance, the revenue service and program of the City Administrator will file a statement identifying the property, the amount of the fee or penalty, and the date upon which the charge should be assessed. The revenue service and program of the City Administrator will notify the property owner of the amount of the assessed fees and penalties and add a 10 percent charge. The revenue service and program of the City Administrator will record the total amount as a lien in the Docket of City Liens. The revenue service and program of the City Administrator will maintain the lien record until the lien and all associated interest and costs are paid in full and the City Administrator certifies that all violations listed in the original or subsequent notice of violation have been corrected.
    7. 7. Providing for administrative procedures as set forth in Portland City Code Subsections 29.70.010 C. through E.
    8. 8. Providing for administrative review and the opportunity for appeal to the Code Hearings Officer as set forth in Code Section 29.80.020.
    9. 9. Allowing exceptions as provided in Code Section 29.60.100. 
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