The purpose of this Chapter is to establish a fair and predictable framework for addressing the public costs associated with detention facilities. By creating an ongoing impact fee tied to the documented impacts of such facilities, this Chapter ensures that taxpayers, Portland families, are relieved from subsidizing the costs that arise from this highly specialized land use. The fee revenue derived from property owners who allow their properties to be used for detention facilities will mitigate the unique costs those facilities create.

1. A. Detention facility has the meaning established in Portland City Code Chapter 33.920.
2. B. Private propertyowner means any person, partnership, corporation, or other legal, non-governmental owner of real property within Portland.

1. A. Any private property owner who leases, rents, or otherwise allows the use of real property as a secure detention facility after the establishment of this Chapter must pay a yearly detention facility impact fee to the City.
2. B. The fee will be reviewed annually by the City Administrator.
3. C. All fee revenues will be used for mitigation of facility-related costs, including but not limited to City administrative expenses and overtime, environmental remediation, public health services, and assistance to households and businesses impacted by environmental or safety conditions arising from detention facility operations.

1. A. The City Administrator will administer the Detention Facility Fee, adopt administrative rules, and adjust the fee annually for inflation.
2. B. A private property owner who leases, rents, or otherwise allows the use of real property for a detention facility must inform the City of this use as further provided by administrative rule.

A failure to pay the detention facility impact fee is a violation subject to civil penalties and civil action by the City. Any private property owner aggrieved by a determination under this Chapter may appeal the determination to the Code Hearings Officer provided by Portland City Code Chapter 22.10.

1. A. A private property owner on whose real property a detention facility is located may not cause, allow, or fail to prevent:
   1. 1. The release or deposition of chemical residues or other substances beyond the detention facility premises, including onto any public right-of-way or adjacent property in a manner that, in the determination of the City, substantially interferes with the safe use and enjoyment thereof.
   2. 2. Contamination within any structure located on or adjacent to the detention facility that, in the determination of the City, renders the structure unsafe, uninhabitable, or a threat to public health.
2. B. The City may investigate potential violations of this Section and issue civil penalties. The revenue from these civil penalties may be used to reimburse eligible property owners and occupants who incur expenses as a result of the conditions prohibited under this Section, including expenses arising from cleaning, remediation, health-related mitigation, and protective measures.