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Overview
Detention facilities impose unique costs on City of Portland's infrastructure and services that are not generated by other land uses. These costs include:
- Extra demand on police and emergency responders
- Police overtime
- Environmental contamination from chemical munitions
- Impact on community health from chemical munitions
- Support for nearby homes and businesses
Without a dedicated revenue stream, these expenses fall on the City's general fund, which means that these substantial costs are borne by residents and small businesses.
The Detention Facility Impact Fee establishes a framework for addressing these costs. The ordinance creates an annual impact fee levied on private property owners who lease or permit their property to be used as detention facilities.
The revenue generated from this fee will be dedicated to mitigating the costs that detention facilities create.
The ordinance also prohibits detention facilities from:
- Releasing chemical munitions into nearby streets or buildings.
- Contaminating nearby buildings.
The ordinance allows the City to fine property owners who violate these prohibitions.
Approval
The ordinance was approved by City Council on Dec. 3, 2025.
Administrative rule
An administrative rule establishes a citation-based enforcement process for violations of the City's prohibited nuisance code relating to detention facilities operating on private property. It also sets the process and fines for citing violations and enforcing City code. The rule sets fines for the first, second and third offenses cited to a property owner. It also sets deadlines for the payment of fines before fines increase and become liens against the property.
The administrative rule also describes a process through which property owners may appeal a written citation, how those appeals will be considered, and to whom further appeals may be filed.
Read the administrative rule