A.  Enforcement.  Persons who fail to comply with the provisions of this chapter and the BES Public Works Enforcement Rules adopted hereunder are subject to enforcement actions by the Director.

B.  Site Inspection.  City representatives may inspect public facilities and their associated private connections to determine compliance with this Chapter.

C.  Conditions for entry.  Authorized City representative shall present appropriate credentials at the time of entry and request permission to enter. If permission cannot be obtained the City official may obtain an administrative search warrant to gain entry.  To the extent practicable, entry shall be made at reasonable times during normal operating or business hours.

D.  Violations.  A violation shall have occurred when:

1.  Any requirement of this Chapter or administrative rules adopted hereunder has not been met;

2.  There has been lack of compliance with a written directive or timeline of the Director made under authority of this Chapter;

3.  Any condition of a permit issued under the authority of this Chapter or administrative rules is not met within a specified time; or

4.  A public sewer or drainage improvement has been damaged or modified without authorization.

E.  Remedies and Enforcement Mechanisms. In enforcing any of the requirements of this Chapter or administrative rules, the Director, or a duly authorized representative, may:

1.  Issue a notice of violation and compliance order to the applicable property owner.  A compliance order may include but is not limited to requirements to:

a.  repair modified or damaged improvements;

b.  obtain a permit for required repair activities;

c.  immediately abate threats to the environment or public health and safety;

d.  compensate City crews for expenditures already incurred in abating abate threats to the environment or public health and safety.

2.  Summarily abate nuisances that constitute an imminent environmental or public health and safety threat.  Efforts will be made to offer the owner opportunities to abate these imminent danger situations when practicable however, the City may immediately abate nuisances when deemed necessary;

3.  Institute an action before the Code Hearings Officer either to compel repair of impacted systems or to impose a lien for costs incurred by the City to abate a nuisance;

4.  Institute an action in a court of competent jurisdiction; or

5.  Take such other action as the Director, in the exercise of his or her discretion, deems appropriate.

F.  Civil Penalties.  Violations of this Chapter or administrative rules adopted hereunder may result in assessment of civil penalties in an amount up to $500 per day per violation.

Civil penalties collected under this chapter shall be deposited with the City Treasurer and credited to the Sewage Disposal Fund.  Penalties and costs are payable upon receipt of the final order imposing penalties and costs.  Penalties and costs under this chapter are a debt owing to the City and may be collected in the same manner as any other debt.  Penalties shall accrue interest and any other applicable charges until the penalty is paid in full.  The City may initiate appropriate legal action in any court of competent jurisdiction to enforce the provisions of any written settlement or final order of the Code Hearings Officer.

G.  Appeal of an Enforcement Action.  Upon receipt of a final determination of an enforcement action, a person may appeal the determination to the Code Hearings Officer in accordance with the procedures set out in Chapter 22.10 of the Portland City Code. 

1.  The following decisions are appealable to the Code Hearings Officer:

a.  The final determination of violation.

b.  The amount of civil penalty.

c.  The required remediation action.

d.  The timeframe for corrective action.

e.  Termination of service or permit.

2.  The following decisions are not appealable to the Code Hearings Officer:

a.  Refusal to accept an improvement into the public maintenance system.

b.  Refusal to grant permits for modification of a public improvement. 

c.  Specification of the required route of service to connect with a public improvement.

H.  Cost Recovery.  The Director may recover:

1.  All reasonable costs incurred by the City that are attributable to or associated with violations of this Chapter, including but not limited to the costs of administration, investigation, sampling and monitoring, legal or enforcement activities, damage to or contamination of the sanitary, combined, and separate storm sewer systems as well as all other public drainage improvements that convey, manage or dispose of stormwater flows. 

2.  All costs associated with fines and civil penalties assessed, damage and summary abatement charges, or any other obligation instituted against the City as a result of activities not in compliance with this Chapter or associated administrative rules. 

Liens may be imposed on the property or properties subject to cost recovery in accordance with the provisions of Chapter 22.06.