ENN-3.05 - Leaf Blowers

1.    Applicability

Portland City Code (PCC) Chapter 17.101 provides the rules for using leaf blowers in Portland. It contains standards for the use of gasoline and electric leaf blowers and supports the health and safety of landscape workers and community members.

2.    Purpose

These administrative rules implement PCC Chapter 17.101, Leaf Blowers.

3.    Regulatory Authority

The City Administrator has authority under PCC 1.05.030 to adopt administrative rules, procedures, and forms to implement the provisions of PCC Chapter 17.101, Leaf Blowers.  Certain terms in these rules are defined in PCC 17.101.020.

4.    Owner Responsibilities for Leaf Blower Usage

1.  An owner is responsible for ensuring compliance with PCC 17.101.040 on their property, including by a hired contractor or property manager. Property addresses may be verified at PortlandMaps.com.
2. An owner must ensure that all leaf blowers used on their property, whether gasoline or electric, comply with PCC Title 18, Noise Control.

5.    Exceptions

A commercial or industrial owner who submits written documentation to the Bureau of Planning and Sustainability prior to January 1, 2028, that compliance will require upgraded electric infrastructure may be granted an extension at the discretion of the City Administrator.

6.    Compliance and Enforcement

It is a violation of PCC Chapter 17.101 for any owner to fail to comply with these administrative rules or to fail to provide or misrepresent any material information that the owner is required to provide to the City.

1. Complaints. A complaint must be filed by a member of the public or by a City employee acting in their official capacity by using the "Report a Noise Concern" form on the Permitting & Development website or by calling 311.
2.  Enforcement
   1.  Upon receipt of a complaint and a code enforcement officer's written determination that a violation has occurred ("Valid Complaint"):
      1. From January 1, 2026, through December 31, 2026: A Valid Complaint will result in the issuance of a written warning letter to the owner describing the violation and the steps required to remedy the violation and providing 30 calendar days to comply.
      2. From January 1, 2027, to December 31, 2027:  A Valid Complaint will result in the issuance of a written warning letter to the owner describing the violation and providing the steps required to remedy the violation and a deadline for compliance.  In addition, any property receiving 3 or more Valid Complaints within 45 calendar days from the issued date of a warning letter will be issued a formal notice of violation providing 30 calendar days from the issuance date of the notice of violation to comply.
      3. Beginning January 1, 2028:  The City Administrator may issue civil penalties per section 6.B.7 of this rule to an owner who receives 3 or more Valid Complaints within 45 calendar days from the issued date of a warning letter and who receives a formal notice of violation but fails to cure the violation within 30 calendar days after the date on the notice.
   2. The owner is the responsible party for violations.
   3. All notifications will be sent by US mail to the owner's legal address of record for service as found on PortlandMaps.com. Service by first-class mail is complete and effective when a correctly-addressed notice is deposited with the US Postal Service.
   4.  In addition to the information required by PCC 17.101.060 A., the notice of violation will include:
      1. A deadline for compliance;
      2. A reference to available information for options to assist with compliance; and
      3.  A reference to the process by which the owner may request review by the City Administrator or their designee.
   5. The code enforcement officer may grant an owner additional time to comply and avoid a civil penalty if the owner demonstrates reasonable efforts to stop the use of gasoline leaf blowers on the property by replacing existing equipment or through the participation of a hired contractor in an incentive program.
   6. An owner may be eligible for a retroactive exception following exigent circumstances such as inclement weather events or power outages. An owner who desires an exception must provide documentation to the code enforcement officer within 30 calendar days after the occurrence of the exigent circumstances demonstrating that a gasoline leaf blower was necessary for safety.
   7.  If the violation is not remedied, the code enforcement officer may issue warnings and civil penalties as provided by PCC 17.101.060.
   8. When the owner believes that all violations listed in the notice of violation have been corrected, the owner must notify the code enforcement officer. Upon confirmed receipt of such notice of correction, the code enforcement officer will verify if any violations remain uncorrected and will notify the owner.
3.  Administrative Process for Collection of Penalties
   1. When a violation meets the conditions for assessing a civil penalty as described in this Section, the City Administrator or their designee will file a statement with the Revenue Division that identifies the property, the amount of the civil penalty, and the date from which the charges are to begin. The Revenue Division will then:
      1. Notify the owner of the civil penalties being issued; and
      2. Bill the owner monthly for the full amount of the civil penalty owing, plus additional charges to cover the administrative costs of the Revenue Division.
   2.  When a property meets the conditions for assessment of civil penalties as described, the City Administrator or their designee may also cause appropriate collection measures, including legal action in a court of competent jurisdiction, to be instituted against the owner to collect the assessed civil penalties.
4. Violation Reviews and Appeals
   1. If an owner has received a notice of violation and believes the notice of violation was issued in error, the owner may request a review by the City Administrator or their designee. The owner must submit a written request for review to the City Administrator within 15 business days from the date of the notice of violation. The request must be submitted together with all evidence that supports the owner's request.
   2. The City Administrator's determination will be issued to the owner in writing.
   3. If, after review, the City Administrator upholds the notice of violation and civil penalty, full payment of the penalty must be received by the City or postmarked no later than 15 business days after the review determination becomes final.
   4. Appeals. An owner may appeal the City Administrator's written determination to the Code Hearings Officer in accordance with procedures set forth in PCC Chapter 22.10.