Please provide input on a permanent rule addressing prohibited nuisances near detention facilities

Portland Permitting & Development is releasing a draft administrative rule for public review and comment. This rule will guide enforcement of a new policy that was adopted by the Portland City Council in December 2025.

Portland City Code Chapter 5.80.060 prohibits "the release or deposition of chemical residues or other substances beyond the detention facility premises." It also forbids "contamination within any structure located on or adjacent to the detention facility that, in the determination of the City, renders the structure unsafe, uninhabitable, or a threat to public health." This chapter provides for civil penalties to be assessed to property owners when a violation occurs.

The proposed rule seeks to make permanent a temporary rule established in February.

Purpose and elements of the administrative rule

The purpose of the proposed rule is to establish a citation-based enforcement process for violations of the City's Prohibited Nuisance code relating to detention facilities operating on private property.

The proposed administrative rule sets the process and fines for citing violations and enforcing City code. The draft rule proposes 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 proposed 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.

How to provide written comments

If you are interested in providing written comments on the content of the proposed rule, please submit those comments in one of two ways:

• Via email to PPDAdminRuleHearings@portlandoregon.gov, or
• Via U.S. Mail to:
  Code and Policy Development
  Portland Permitting & Development
  1900 SW Fourth Avenue, Suite 5000
  Portland, OR 97201

Comments must be received by 11:59 p.m. on Sunday, July 26.

Review the proposed permanent administrative rule

What comes next

Permitting & Development staff will collect and review submitted comments and may recommend changes to the administrative rule based on those comments. A final administrative rule will be approved by the City Administrator and begin implementation no later than Wednesday, Aug. 26.