Why do we need an enforcement program?
With increasing community uses and construction work occurring in the public right-of-way (ROW), there has been a rise in businesses, contractors or individuals disregarding permit conditions or proceeding with work without a valid permit. This can result in unsafe conditions or failure to accommodate the traveling public. In addition to enhanced coordination efforts such as Get Portland Moving, PBOT aims to increase compliance through consistent enforcement of permit conditions.
What is the program objective?
Promote compliance and enhance public safety through enforcement actions for violations related to temporary traffic control, community street use, encroachments, and street openings.
How are enforcement actions determined?
Violations are determined based on whether or not a valid permit has been obtained as well as the degree of deviation from requirements, level of threat to public safety and amount of delay to travel. Failure to accommodate the traveling public or failure to meet minimum safety standards is a Class I violation, while encroachment violations that do not create an immediate safety risk are a Class III violation.
How are enforcement actions taken?
PBOT inspectors and engineers are responsible for enforcement action documentation and notification. Enforcement action may be based on formal complaints, discovery while in the field or reports submitted through PDX Reporter. The PBOT Enforcement Program Manager will maintain external communication and reporting on enforcement activity.
When did the new program go into effect?
The program went into effect on January 1, 2018. The fee schedule reflects current penalty amounts that are subject to assessment, Schedule G, ROW Use Enforcement Penalties, first adopted June 2017 and updated annually.
Does this change City Code?
As part of this program, the reference to civil penalties in Title 17.100.050 has been replaced with a reference to the Annual Fee Schedule. Title 17.23.050 has been revised to require impacted street areas to be reopened as determined by the City Traffic Engineer. Administrative Rules 2.08, 8.08, 8.12, 10.03, 10.06, and 10.19 now reference the umbrella ROW Use Enforcement Program.