PRK-2.06 - Title 11 Waiver Guidelines

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Title 11 Waiver Guidelines 

EXCEPTIONS TO CERTAIN REQUIREMENTS OF TITLE 11 TREES

Purpose

The purpose of this guideline is to describe when waivers will be granted under Title 11 Trees

Rules

Intent

These guidelines support the goals of the Urban Forestry Management Plan and advance the Portland Plan’s integrated strategies for a Healthy Connected City by creating vibrant neighborhood centers, and improving connections for people, places, water, and wildlife. They are reflective of the City Council’s intent for implementation as part of the Citywide Tree Policy Review and Regulatory Improvement Project adopted in April 2011. This intent is provided in Ordinance 184533 passed by the City Council which calls for tree regulations that are: designed to support multiple city goals, clear and transparent, customer friendly, easy to understand and work with, and equitable and effective. The rules are designed to meet other tree project objectives as follows:

• Increase consistency and equity in how trees are regulated on public and private property and in public and private development situations. 
• Ensure that the tree removal permit and enforcement system is, and is perceived as, reasonable, fair, simple, and useful in helping meet Urban Forest Management Plan goals and canopy targets.
• Build on existing City programs and strengths to improve overall regulatory efficiency and effectiveness
• Reduce financial barriers to compliance for applicants meeting low-income requirements contained herein

Application Fee Waivers

City Council establishes permit fees to sustain the tree permit and other Urban Forestry programs per Chapter 11.10.070.

The purpose of these rules is to:

• Define when application fees may be waived.
• Define types application fees that may be waived.
• Describe the process in which application fee waiver requests will be received and reviewed.
   

Financial Application Fee Waivers

Application fees of this Title may cause undue hardship to property owners with lower income. The following waiver criteria and procedure has been developed for application during the financial application fee waiver review process.

Financial Fee Waiver Eligibility

A property owner will be eligible for a financial application fee waiver if they are able to certify the following:

1. The property is the property owner’s primary residence, and
2. The property owner is receiving Tier 1 Discounts from the sewer, stormwater, and water bill discount program administered by the Portland Water Bureau (PWB).
   1. Property owners not currently enrolled may apply to become enrolled in the PWB program to qualify under this section

Waiver Eligible Fees

A waiver may be granted for the following application fees:

• Tree Permit Application Fees per Chapter 11.40.
• Tree Permit Appeal Application Fees per Chapter 11.40
• Administrative Review Application Fees per Chapter 11.50 and Chapter 11.70

Financial Application Fee Waiver Implementation and Administration

Financial Waivers will be administered and implemented through the Urban Forestry Division. Financial application fee waiver requests shall be made in writing using application material provided by the City and signed by the property owner or their authorized representative.

The request must contain contact information for the requestor, including:

• Name
• Mailing address
• Address that the request pertains to (if different)
• Telephone number
• Reason for the request
• Proof the property owner receiving Tier 1 Discounts from the sewer, stormwater, and water bill discount program administered by the Portland Water Bureau.

The Urban Forestry Division shall process each financial waiver request as follows:

1. Determine if property owner meets eligibility.
2. A decision notification will be sent to the property owner or representative as to whether their request has been granted in part, in full or denied, including the reason for the decision.
3. The decision of the Urban Forestry Division is final and may not be appealed to another review body within the City.

Enforcement Waivers 

Financial Enforcement Waivers 

Title 11 gives the City Forester broad discretion in applying remedies and penalties to correct violations of the title. However, the enforcement remedies and penalties of this Title may cause undue hardship to property owners with lower income so the City Forester may grant an exception to the required enforcement remedies and penalties as per 11.70.150. The following criteria and procedure has been developed for application during the financial enforcement waiver review process. 

A property owner will be eligible for a financial enforcement waiver if they are able to certify all of the following: 

1. The property is the property owner’s primary residence, and 

2. The property owner has agreed to meet all enforcement actions that are not waiver eligible as defined below, and 

3. The property owner does not have previously documented violations of Title 11 within the last three years, and  

4. The property owner is receiving Tier 1 Discounts from the sewer, stormwater, and water bill discount program administered by the Portland Water Bureau (PWB). 

   1. Property owners not currently enrolled may apply to become enrolled in the PWB program to qualify under this section 

Cases involving repeat offenders, egregious cases, or chronic nuisance properties will be reviewed on a case-by-case basis and may not be eligible for financial enforcement waivers. 

Waiver Eligible Enforcement Remedies and Penalties 

The City Forester is authorized to use the enforcement remedies and penalties listed within Chapter 11.70 Enforcement. To meet the purpose of Chapter 11.70, enforcement remedies and penalties will not be waived to the extent that violating Title 11 becomes less costly then to abide by its requirements. 

Waiver eligible enforcement remedies and penalties are all remedies and penalties in excess of the standard permitting requirements had the code been followed appropriately. Only waiver eligible enforcement remedies and penalties may be reduced though a financial enforcement waiver. At no time will an illegal tree removal result in mitigation of less than one tree. 

To determine the waiver-eligible enforcement actions, the Urban Forestry Division will: 

1. Determine the applicable permitting requirements for the action taken. 

2. Identify all enforcement remedies and penalties in excess of the permit requirements. 

Financial Enforcement Waiver Implementation and Administration 

Financial Waivers will be administered and implemented through the Urban Forestry Division.  

Enforcement remedies and penalties will be stayed until a written decision from Urban Forestry is issued.  

Financial enforcement waiver requests shall be made in writing using application material provided by the City and signed by the property owner or their authorized representative. 

The request must contain contact information for the requestor, including:  

• Name 

• Mailing address 

• Address that the request pertains to (if different) 

• Telephone number  

• Reason for the request 

• Proof the property owner receiving Tier 1 Discounts from the sewer, stormwater, and water bill discount program administered by the Portland Water Bureau. 

The Urban Forestry Division shall process each low-income waiver request as follows: 

1. Determine if the property owner meets eligibility. 

2. Determine waiver eligible enforcement remedies and penalties. 

3. A decision notification will be sent to the property owner or representative as to whether their request has been granted in part, in full or denied, including the reason for the decision.  

4. The decision of the Urban Forestry Division is final and may not be appealed to another review body within the City.  

Nothing in this Rule limits the ability of the property owner or responsible party to submit for an Administrative Review as per Chapter 11.70. 

Enforcement Penalty Lien Reduction  

Monthly code enforcement penalties are assessed to incentivize property owners to correct code violation case(s). However, when property owners are unable or unwilling to address code violations at their property in a timely manner, enforcement penalties can accumulate rapidly resulting in large liens. 

The following criteria have been developed for application during the enforcement penalty fee lien reduction review process. 

Maximum Enforcement Penalty Lien 

Penalties will accrue at the rate in the Title 11, Trees Fee Schedule until the point at which the property returns to compliance with Title 11 and the violation case is closed. 

If all Tree Code violation cases on the property are closed and the violations corrected, upon request or based on an Urban Forestry review, the total enforcement penalty lien assessment (outstanding balance and any payments made) will be reduced to an amount not to exceed those as noted below.  

Only current property owners or their authorized representatives may request a review of the total enforcement fee lien assessments. Lien review requests shall only consider the total enforcement penalty fee lien assessment amounts that have accrued under the current ownership. Enforcement penalty fees predating the owner’s purchase of the property do not qualify for reductions. 

These maximums are contingent upon payment arrangements being made on the reduced balance. Cases will be reviewed on a case-by-case basis and may not be eligible for enforcement penalty lien reductions. 

Enforcement Fee Maximum Accruals by Property Type

Property Usage	Maximum Code Enforcement Fee (Not including Auditor's costs, charges, and penalties
One and Two Family Residential	30 months of fees
All Others	60 months of fees

Lien Reduction Criteria

Reasons	Up to 100% reduction	Up to 75% Reduction	NO Reduction
Financial/Physical Hardship	Documented medical/financial hardship prevented property owner from reaching compliance in a timely manner.  (i.e. life threatening, terminal or mental illness; natural disaster; victim of fraud)  Property is owner occupied or vacant.  Significant safety issues not a factor.  Evidence of reasonable effort to comply based on circumstances.  Waive 100% of fees for the period of documented temporary medical/financial hardship, which prevented property owner from reaching compliance in a timely manner.  (i.e. job loss, stroke or heart attack, dependent care)	-	-
Financial Waiver	Waive liens for properties qualifying for financial waivers.	-	-
Consistent Payments	Apply payments to principle and waive interest when consistent payments have been made for at least 2 years to satisfy lien	-	-
Multiple cases-same violation	There are multiple assessments and/or cases for the same or similar types of violation. Close most recent case.	-	-
Lapse of Contact	Records indicate City contact with the property owner lapsed for more than 1 year while the case was open. Waive charges during the period of lapse from point of contact to point of contact.	-	-
Error in Notification/Citation	Administrative error in notifications required by code.  Violations cited in error.  Lack of clear communication about requirements to resolve the case.	-	-
Hearings Officer Penalties	-	-	Civil Penalties imposed by hearings Officer will not be reduced.
Delay in Process	Delays in the violation review process or other delays due to City staff beyond the applicant’s control. Waive charges during the period of delay.	-	-
Minor Violation	Original Violation cited does not meet current criteria for opening a case.	Reduce lien by 75% when the underlining violation:  Removed dead, dying, or dangerous tree(s) provided there is no clear evidence the tree(s) were made dead, dying, or dangerous due to actions of the property owner.  Required less than 5 trees worth of planting or fees  Did not result in the removal of a tree.	-

Implementation and Administration 

The program will be administered and implemented through the Urban Forestry Division. All Tree Code enforcement cases related to subject property, including the case in question, should be completed, and closed. Property owners or authorized representatives will be allowed one lien reduction review per case. Lien reduction requests shall be made in writing using application material provided by the City and signed by the property owner or their authorized representative. 

The request must contain contact information for the requestor, including:  

• Name 

• Mailing address 

• Address that the request pertains to (if different) 

• Telephone number  

• Reason for the request 

The Urban Forestry Division shall process each lien reduction request as follows: 

1. Apply current policies and procedures to closed Urban Forestry cases when possible and appropriate.  

2. Determine if property owner qualifies for existing waivers and apply when possible.  

3. Apply lien reduction criteria or apply maximum fee thresholds if appropriate to obtain the greater reduction. Both categories cannot be used for the same lien. 

4. Lien reduction amounts do not apply to auditor costs, charges, and penalties. 

5. A decision notification will be sent to the property owner or representative as to whether their request has been granted in part, in full or denied, including the reason for the decision. 

6. The decision of the Urban Forestry Division is final and may not be appealed to another review body within the City.  

Nothing in this Rule limits the ability of the property owner or responsible party to submit for an administrative review as per Chapter 11.70. 

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