Amend Chronic Nuisance Property Code to address human trafficking, gun violence, and administrative challenges (amend Code Chapter 14B.60)

The City of Portland ordains.

Section 1. The Council finds:

1. The first chronic nuisance property ordinance was introduced in 1992 by then Commissioner, subsequently Congressman, Blumenauer. It was approved by council and added to city code on December 23.
2. In 1993, Commissioner Kafoury introduced the Pattern of Disruptive Activities on Business Property Ordinance. It was approved by council and added to the city code on April 7.
3. In June 1996, Council unanimously approved a revised Chronic Nuisance Property Ordinance with a one-year sunset clause. That ordinance combined the Pattern of Disruptive Activities on Business Property Ordinance and the original Chronic Nuisance Property Ordinance and added several types of criminal conduct to the list of events that would cause a property to be defined as a chronic nuisance. The Chronic Nuisance Property code was then permanently codified in 1997 with Ordinance 171188.
4. There have been no substantive updates to the Chronic Nuisance Property code since Council passed Ordinance 171188 unanimously in May of 1997.
5. Crime, nuisance activities and the City's approach to enforcement have evolved significantly since 1997, and Title 14.60 Chronic Nuisance Property needs updating to provide flexibility and clarity to the city administration, public safety professional, and the judicial system in effectively addressing nuisance activities and chronic nuisance properties.
6. The current definition of Nuisance Activities is too narrow to allow the City to address many properties which common sense would describe as a chronic nuisance. Crimes and conduct related to human trafficking and gun violence in particular should be further defined and included as Nuisance Activities considered in the designation of a Chronic Nuisance Property.
7. Workload and resource management challenges require that an extended timeframe, from 30 days to 90 days, for documenting Nuisance Activities and fulfilling administrative actions is necessary to successfully implement Chronic Nuisance Property code as a tool.
8. Similar challenges with workload and resource management, as well as updates to the City Charter, require that administrative responsibilities be shifted from the Chief of Police or Precinct Captain to the City Administrator or their designee(s).
9. Evidence exists that crime is often geographically centered and connected either directly or indirectly to specific properties across Portland.
10. Chronic unlawful activity of various kinds on and near affected property adversely affects the health, safety and welfare of citizens, and diminishes the quality of life in neighborhoods where this chronic unlawful activity occurs. Chronic unlawful activity constitutes a nuisance and should be subject to abatement.
11. The City has a substantial and compelling interest in protecting the health, safety and welfare of its citizens and the neighborhoods affected by chronic nuisance activity.
12. The legal processes presently available do not adequately control chronic nuisance activity nor its detrimental effects on citizens and neighborhoods where chronic nuisance activity occurs.
13. Refining the current regulatory scheme will alleviate the problems created by nuisance activity through early intervention and abatement.

NOW, THEREFORE, the Council directs:

1. Amend City Code Chapter 14B.60 as shown in Exhibit A.