Assess properties for sidewalk, curb and driveway repair for the Bureau of Transportation (Y1105)

Ordinance

The City of Portland ordains.

Section 1. The Council finds:

  1. In accordance with Chapter 17.28 of the Code of the City of Portland, the Portland Bureau of Transportation (PBOT) notified the property owners of record, at the time of inspection of the properties described in Exhibit A, to repair or construct the sidewalks, curbs and/or driveways abutting the property.
     
  2. The required repair or construction of the sidewalks, curbs and/or driveways was not done within the allotted time.  PBOT did the necessary work and kept an accurate account of the cost of the labor and materials used in doing the work.  PBOT’s Sidewalk Inspection and Repair department reported to Revenue the cost of the repairs and the legal description of the property on which the work was done.
     
  3. Revenue mailed proposed sidewalk notices to property owners providing a deadline date and procedures for filing a remonstrance. The property owners within this ordinance previously filed a remonstrance and have received a determination from PBOT’s Sidewalk Inspection and Repair department. 
     
    1. The owners of record for property located at 2205 SE Ladd Ave filed a remonstrance in response to the proposed sidewalk mailed on May 15, 2024.  Remonstrance was forwarded to the Sidewalk Inspection and Repair department for review. On July 17, 2024, the Sidewalk Inspection and Repair department sent determination back to Revenue declaring the lien charges of $9,302.35 to stay the same and assess for that amount. Owner was given 10 days to appeal to Hearings Officer.  Owner did not appeal further.
       
    2. The owner of record for property located at 3806 NE Couch St filed a remonstrance in response to the proposed sidewalk notice mailed on May 15, 2024.  Remonstrance was forwarded to the Sidewalk Inspection and Repair department for review.  On July 1, 2024, the Sidewalk Inspection and Repair department sent a determination back to Revenue declaring the lien to be cancelled due to transfer of property ownership and new owner not receiving proper notification.
       
    3. The owner of record for property located at 11145 NE Sandy Blvd filed a remonstrance in response to the proposed sidewalk mailed on May 15, 2024. Remonstrance was forwarded to the Sidewalk Inspection and Repair department for review.  On July 17, 2024, the Sidewalk Inspection and Repair department sent determination back to Revenue declaring the lien charges of $890.67 to stay the same and assess for that amount.  Owner was given 10 days to appeal to Hearings Officer.  Owner did not appeal further. 
       
    4. The owners of record for property located at 2917 SE 17th Ave filed a remonstrance in response to the proposed sidewalk notice mailed on May 15, 2024.  Remonstrance was forwarded to the Sidewalk Inspection and Repair department for review.  On July 1, 2024, the Sidewalk Inspection and Repair department sent a determination back to Revenue declaring the lien to be cancelled due to transfer of property ownership and new owner not receiving proper notification.
       
    5. The owners of record for properties located at 5709-5909 SW Woodstock Blvd and 5911-5913 SE Woodstock Blvd filed remonstrances in response to the proposed sidewalk notices mailed on May 15, 2024.  Remonstrances were forwarded to the Sidewalk Inspection and Repair department for review.  On July 1, 2024, the Sidewalk Inspection and Repair department sent determinations back to Revenue declaring the liens to be cancelled due to findings from remonstrance (owners were not given a chance to rectify any problems and only received correspondence about the assessments). 
       
    6. The owner of record for property located at 2909 NE 32nd Ave filed a remonstrance in response to the proposed sidewalk mailed on May 15, 2024. Remonstrance was forwarded to the Sidewalk Inspection and Repair department for review.  On July 1, 2024, the Sidewalk Inspection and Repair department sent determination back to Revenue declaring the lien charges of $675.40 be reduced to $495.00 and assess for that amount.  Owner was given 10 days to appeal to Hearings Officer.  Owner did not appeal further. 
       
    7. The owners of record for three properties located within 3835 WI/SE Powell Blvd filed remonstrances in response to the proposed sidewalk notices mailed on May 15, 2024.  Remonstrances were forwarded to the Sidewalk Inspection and Repair department for review. On July 1, 2024, the Sidewalk Inspection and Repair department sent determinations back to Revenue declaring the liens to be cancelled due to findings from remonstrance (owner does not remember receiving prior notice of work to be done). 
       
  4. On December 4, 2024, the City Council evaluated the assessment of the charges that benefited the properties described in Exhibit A.  The Council has approved the statement of bills for the work done, and the property should be assessed the full cost of the work plus a fee for administrative expenses.

NOW, THEREFORE, the Council directs: 

  1. The cost of doing said repair or construction work plus a fee for administrative expenses is hereby assessed upon the property, in the amount of $10,688.02, as described in Exhibit A.
  2. The Revenue Division is hereby directed to record these assessments into the Docket of City Liens, and to mail final assessment notices to the properties, as described in Exhibit A.

Exhibits and Attachments

Impact Statement

Purpose of Proposed Legislation and Background Information

To assess properties for sidewalk repair performed by the Portland Bureau of Transportation.

Financial and Budgetary Impacts

  • This legislation will generate current revenue coming to the city.  It will increase Lien Revenues for fund 200000 by $10,688.02.
  • There are no costs to the city related to this legislation.
  • No positions will be created, eliminated or re-classified in the current year or future years because of this legislation.

Economic and Real Estate Development Impacts

Discuss engagement process, immediate and longer-term impacts of the legislation from an economic perspective. Analysis to include economic impacts to job creation and household income, businesses of all sizes, and to feasibility of housing production and other real estate development projects.

  • Engagement specific to the final assessment of the repaired Sidewalks consisted of notifications to the impacted property owners as set forth in Chapter 17.28 of City Code.

Discuss the impacts of the legislation relating to all of the following if relevant: 

How was the proposed legislation shared with those potentially impacted? How much time did they have to provide input? 

  • Property owners were previously contacted by PBOT, Sidewalk Repair and Inspection Department due to inspection of their sidewalk and needing repair.  Once repaired by a city contractor, the sidewalks charges were forwarded to Revenue for final assessment per Chapter 17.28 of City Code.

What feedback was shared? How did it shape the proposed legislation? 

  • Property owners previously appealed sidewalk charges and determinations were made by PBOT.      No additional objections are accepted.  Charges are ready for final assessment.

What types of business and/or development projects might be affected and how could business and/or development activity by impacted? How does this action influence the timeline and cost of doing business or real estate development in Portland as compared to peer cities?  How would the proposed legislation impact business competitiveness and job growth, affordability, costs of goods, and/or household income?  How might this proposed legislation impact real estate development project feasibility and housing production?  How might potential adverse impacts from this proposed legislation be mitigated? 

  • There is no effect on job creation, housing production or household income, as a result of this project or this Final Assessment Ordinance.

Community Impacts and Community Involvement

  • This legislation is a routine internal City process. The affected property owners are given notice and have an opportunity to testify before City Council at the Proposed Assessment Hearing
  • The affected areas of this legislation are City-wide/Regional
  • Per city code, property owners are given the right to file a remonstrance objecting to sidewalk repair charges. Remonstrances are referred to the Portland Bureau of Transportation Sidewalk Inspection and Repair department for resolution and the property is removed from the assessment
  • All 10 property owners filed previous remonstrances in response to the proposed assessment notices and have received determinations from the Portland Bureau of Transportation Sidewalk Inspection and Repair department.  Property owners also had a right to further appeal that determination with the Hearings Officer

100% Renewable Goal

Not applicable.

Document History

Agenda Council action
Consent Agenda
City Council
Passed to second reading
Passed to second reading December 11, 2024 at 9:30 a.m.
Consent Agenda
City Council

Introduced by

City department

Contact

Sherree Matias

Administrative Specialist II

Requested Agenda Type

Consent

Date and Time Information

Requested Council Date