Portland city administrator takes first steps to enforce detention facility ordinance, regulating chemical munitions

The City of Portland is prepared to assess fines when a detention facility creates a public nuisance, activating City Council legislation designed to protect health and safety near the U.S. Immigration and Customs Enforcement facility in South Portland.

Portland City Administrator Raymond C. Lee III today issued a temporary administrative rule enabling the City of Portland to enforce a new city code that establishes fines for nuisances near detention facilities. The rule takes effect today at 3 p.m. and will remain in place for up to 180 days while the City completes the permanent administrative rulemaking process.

Portland City Code 5.80.060 bars the owner of private property where a detention facility is located from releasing – or allowing – chemical substances that impact safety and enjoyment in the public right-of-way or adjacent property. It also bans contamination that makes the structure unsafe, uninhabitable, or a threat to public health.

The temporary administrative rule issued today establishes an enforcement framework, including a citation process, fine schedule, service requirements, and appeal procedures. Fines begin at $5,000 for a first offense and may increase to the maximum amount allowed for repeated violations. Each day of non‑compliance may be treated as a separate violation. Enforcement and fines only apply to incidents after the effective date of the temporary rule.

Lee issued the rule following consultation with Portland Permitting & Development and the City Attorney's Office. The action ensures the City can enforce Council's ordinance if federal agents deploy chemical munitions on Portlanders before a permanent rule is finalized.

"Given the urgency of the moment, it is in our community's best interest to adopt a temporary rule now," Lee said. "We have relied on the expertise of the City Attorney's Office and Portland Permitting & Development in the development of this temporary rule, as we do with any policy passed by Council. We acknowledge the expertise of our staff, especially those that have dedicated many hours to ensuring that we are protecting Portlanders' health and safety to the best of our ability."

Without administrative rules in place, the City does not have the authority to implement or enforce the restrictions on the release of chemicals residues adopted by City Council in December. Establishing a temporary rule demonstrates the administration's commitment to upholding Council's ordinances, responding to community concerns, and prioritizing public health and safety.

The temporary administrative rule issued today is the first step to operationalize enforcement of Council's nuisance ordinance; does not take action on the impact fee authorized under the same ordinance. This work remains ongoing and will proceed through the rulemaking process.

Work on the permanent administrative rule is underway. Lee emphasized that Council and the public will continue to receive updates throughout the process.

More information about the temporary administrative rule.