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8.36.075 Enforcement and Appeal.

City Code Section

(Added by Ordinance 167943, effective July 27, 1994).

  1. A.  The City Health Officer is authorized to administer and enforce the provisions within Sections 8.36.030 through 8.36.070, and to investigate any violations of these provisions.
  2. B.  In the event of a violation of any provisions within Sections 8.36.030 through 8.36.070, the City Health Officer may:
    1. 1.  Order the violation abated as a public nuisance; or,
    2. 2.  Assess civil penalties for each violation.  It shall be considered a separate violation for each and every day during any portion of which any violation of these sections are committed, continued or permitted to occur.  In determining the amount of the civil penalties to assess, the City Health Officer shall consider the extent the nature of the violation, the benefits (economic or otherwise) accruing or likely to accrue as a result of the violation; whether the violations were repeated and continuous, or isolated the temporary; the magnitude and seriousness or the violation; the costs of City Health Officer’s enforcement, investigating and abatement of the violation; whether the facts underlying the violation have been considered in a separate criminal proceeding; and such other factors as the City Health Officer deems relevant; or
    3. 3.  Take such other action as the Health Officer may deem appropriate, in the exercise of the Health Officer’s discretion.
  3. C.  Any person adversely affected by a decision of the City Health Officer may file an appeal within 10 days the decision, to the Code Hearings Officer of the City of Portland, as set forth is Chapter 22.10 of the Portland City Code.  The notice of appeal shall be in writing, stating the name and address of the appellant to which required notices may be mailed.  The notice shall identify the reasons why the Health Officer’s decision was in error, and what the correct decision should be.  The appellant shall deliver a copy of the appeal to the Health Officer.
    1. 1.  The filing of a notice of appeal shall stay the effective date of the decision until the appeal if determined by the Code Hearings Officer.