Chapter 22.10 Appeals to the Code Hearings Officer


22.10.010 Definitions.

For the purpose of this Chapter:

A.  "City bureau" means and includes any bureau, division, Board, Committee, officer, agent, or employee of the City of Portland.

B.  "Decision or determination" means and includes any decision, determination, order, or other action of any City bureau.


22.10.020 Jurisdiction.

A.  Whenever, pursuant to any portion of this Code, a person has the right of appeal to the Code Hearings Officer from any City bureau decision or determination, such appeal shall be in accordance with the procedures and under the conditions set forth in this Chapter.

B.  No person shall have a right of appeal to the Code Hearings Officer unless the right of appeal is expressly provided for in this Code.


22.10.030 Initiation of Appeal.

A.  Unless otherwise specified in this Code, a request for an appeal hearing shall be filed within 10 days after the date of the decision or determination.  The Code Hearings Officer may waive this requirement for good cause shown.

B.  The request for an appeal hearing shall be in writing and shall contain either a copy of, or a full and complete description of, the decision or determination appealed from and a statement of grounds upon which it is contended that the decision or determination is invalid, unauthorized, or otherwise improper, together with such other information as the Code Hearings Officer may by rule require.  The Code Hearings Officer may specify and provide hearing request forms to be used by persons requesting hearings.


22.10.040 Hearings.

A.  Upon receipt of a request for hearing, the Code Hearings Officer shall schedule and hold an appeal hearing within 30 days after the receipt of such request.

B.  Notice of the time, date, and place of hearing shall be given to the person requesting the hearing and to the City bureau whose decision or determination is being appealed.  Notice shall also be given to any person who reasonably appears may be adversely affected should the decision or determination not be sustained after hearing.  The Code Hearings Officer may provide by rule for the manner of providing notice to such persons.

C.  The time for hearing may be extended by the Code Hearings Officer for good cause shown, upon such terms and conditions as the Code Hearings Officer shall deem just and appropriate.


22.10.050 Hearings Procedure.

A.  Hearings shall be conducted in accordance with the procedures set forth in Sections 22.03.050 to 22.03.115 of this Title.

B.  With the consent of all parties, the Code Hearings Officer may determine the matter without hearing upon the record.

C.  The Code Hearings Officer may sustain, modify, reverse, or annul the decision or determination appealed from or the Code Hearings Officer may remand the decision or determination to the City bureau for such reconsideration, additional consideration, or further action as the Code Hearings Officer may direct.

D.  The decision or determination appealed from shall be reviewed de novo by the Code Hearings Officer.


22.10.060 Nature of Determination.

The determination of the Code Hearings Officer is a quasi‑judicial decision and is not appealable to Council; appeals from any determination by the Code Hearings Officer shall be by writ of review to the Circuit Court of Multnomah County, Oregon, as provided in ORS 34.010‑34.100.