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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 17 Public Improveme Chapter 17.32 Public Sewer and Drainage System Permits, Connections and Maintenance
Chapter 17.32 Public Sewer and Drainage System Permits, Connections and Maintenance
Table of Contents (Printable Version)

 - Note
 17.32.005 Purpose.
 17.32.006 Definitions.
 17.32.007 Administrative Rules and Procedures.
 17.32.010 Permit Required.
 17.32.015 Permit Fees.
 17.32.020 Application for Connection Work Permit.
 17.32.021 Connection from Properties Outside the City Limits.
 17.32.022 Public Rights of Way for Public Sewer and Drainage Improvements.
 17.32.050 Issuance of a Connection Work Permit.
 17.32.055 Maintenance of Sewer and Drainage Systems.
 17.32.060 Failure to Restore and Maintain Street Area.
 17.32.070 Inspections.
 17.32.075 Enforcement.
 17.32.076 Compliance Cases and Appeals.
 17.32.080 Separation of Storm and Sanitary Sewer Lines on Private Property.
 17.32.090 Connections to Public Sanitary and Storm Sewers.
 17.32.095 Sewer Extension Assessments and Reimbursement.
 17.32.100 Reimbursement for Installation of Sewer Backflow Devices in Existing Buildings on Combination Sewer Lines.
 17.32.110 Application for Permit to Construct a Public Sewer or Drainage Improvement.
 17.32.120 Deposit Required.
 17.32.130 Refusal of Public Sewer or Drainage Improvement Permit.
 17.32.140 Contents of Permit.
 17.32.170 Work Done Under Permit.
 17.32.180 Original Documents Become the Property of the City.
 17.32.190 Acceptance of Completed Improvement by Chief Engineer of the Bureau of Environmental Services.
 17.32.200 Permit-Related Records.
 17.32.210 Removal of Public Sewer or Drainage Improvement.
 17.32.220 Conflict.
 17.32.230 Severability.
 Figure 13 (Section 17.32.055 and 17.33.020)


- Note

(Chapter replaced by Ordinance No. 183397;  amended by Ordinance No. 185694,  effective November 23, 2012.)


17.32.005 Purpose.

(Amended by Ordinance No. 185694, effective November 23, 2012.)  This Chapter protects the public sewer and drainage system by regulating the construction, modification, maintenance and removal of elements of those public systems and of the private systems that discharge to them. 


17.32.006 Definitions.

(Amended by Ordinance No. 185397, effective July 6, 2012.)  As used in this Chapter, the following definitions apply:

 

A.  “Building Sewer” means the private property portion of the horizontal piping system that receives the discharge of building drains and extends to a public sewer, private sewer, private sewage disposal system, or other approved discharge point.

 

B.   “Combined Sewer” means a sewer designed to convey both sanitary sewage and stormwater.

 

C.  “Commercial or Industrial Occupancy” means any structure or facility wherein preparation, processing, treating, making, compounding, assembling, mixing, improving, or storing any product or any solid, liquid or gaseous material for commercial or industrial purposes occurs, or wherein cleaning, processing or treating of tanks, vats, drums, cylinders or any other container used in transportation or storage of any solid, liquid or gaseous material for commercial or industrial purpose occurs;

 

D.  “Common Private Sewer System (also called Party Sewer)” means that portion of a building sewer that:

 

1.  Is not owned by the City ofPortland

 

2.  Is used for draining more than one building under different ownership; and

 

3.  Conveys the discharge to a sewer service lateral, public sewer, private sewage disposal system, or other point of disposal.

 

Common private sewers are found on private property and in private and public rights-of-way, including easements.

 

E.  “Connection” means the connection of all sanitary waste and drainage disposal lines from all development on a property to the public sewer and drainage system.

 

F.  “Director” means the Director of the Bureau of Environmental Services or the Director’s designee.

 

G.  “Discharge Point.” means the connection point or destination for a discharge leaving a site.

 

H.  “Drainage” means the flow of waters across public and private properties.

 

I.  “Drainage Improvements” means management facilities or modifications to drainage patterns to address safety issues, increase capacity, or improve water flows.

 

J.  “Public Right of Way” means the area within the confines of a dedicated public street, an easement owned by the City, or other area dedicated for public use for streets or public utility facilities.

 

K.  “Public Sewer Easement” is a grant of the right by a property owner to the City to use land for placement and maintenance of public sewer facilities.


17.32.007 Administrative Rules and Procedures.

(Repealed by Ordinance No. 185397, effective July 6, 2012.)


17.32.010 Permit Required.

A.  It is unlawful for any person to take the following actions without first obtaining the appropriate permit and paying the fees as prescribed in Chapters 17.24 and 17.32:

 

1.  Dig up, break into, excavate, disturb, dig under, or undermine any public street or public sewer easement for the purpose of laying or working upon any sewer, pipe, culvert, or sewer or drain appurtenance or improvement of any kind;

 

2.  Make connection with, obstruct or interfere with the sewer system or existing drainage;

 

3.  Cut or break into the public sewer system;

 

4.  Connect the blowoff or exhaust pipe of any boiler, steam engine or other pressurized facility with the public sewer system; or

 

5.  Direct water, from any source, on private property to run onto any public sidewalk, street or right of way. 

 

B.  In the case of leakage or breakage in any sewer pipe, drain or conduit requiring emergency action, any otherwise authorized person may commence repairs on the same without first obtaining a permit provided that:

 

1.  The authorized person immediately notifies the Chief Engineer and the City Engineer; and

 

2.  The authorized person files an application for a permit with the Chief Engineer, complies with any permit conditions thereon, and pays the fees required in Chapters 17.24 and 17.32; and

 

3.  The work is performed in compliance with the City Engineer's requirements for traffic control and protection of the public.

 

C.  Repair of nonconforming sewers located in public right of way is prohibited unless the Chief Engineer determines that it is in the public interest to allow the nonconforming system to operate.

 

D.  The Bureau of Transportation, without permit but with the approval of the Chief Engineer, may construct and attach to the public sewer system stormwater inlets, leads, and other such facilities as are needed to provide stormwater drainage for public streets.

 

E.  The Chief Engineer will establish a permitting program by Administrative Rule which shall include requirements for application submittal, permit issuance, inspection, warranty, insurance and bond requirements shall be described in Administrative Rules.


17.32.015 Permit Fees.

(Amended by Ordinance No. 183965, effective July 30, 2010.)

 

A.  Sewer Connection Permits.  Sewer permit fees shall recover the cost of all City reviews including all applicable overhead charges.  Overhead rates shall be computed annually by the Director and kept on file with the City Auditor.  If a larger fee is required elsewhere in this Title for any class of permit, the larger fee shall apply; otherwise, the fees established by general ordinance shall be paid for permits unless the Council, by Ordinance or Resolution, has granted a specific permit for a different fee.

 

B.  Public Sewer or Drainage Improvement Permits.  The City shall recover the true costs of engineering and superintendence services in connection with public sewer or drainage improvement projects based on City records of time, materials, services, overhead and indirect costs incurred to provide the services.  The Bureau shall recover the costs of engineering and superintendence for all public sewer or drainage improvements, whether performed by contract in the name of the City, by private contract between a permittee and a contractor, or directly by the permittee.

 

C.  All fees shall be paid prior to receiving a permit and commencing work.

 


17.32.020 Application for Connection Work Permit.

(Amended by Ordinance No. 185397, effective July 6, 2012.)

 

A.  Any person who desires a connection work permit as required by Section 17.32.010 shall apply in writing to the Director and pay the permit fee prescribed in Section 17.32.015.  The application shall include the name of the street in which work is to be done, or if not working in a named street, a description of the proposed or existing easement or right of way, the purpose of the work, the location and potentially affected components of the public sewer system, the location of any affected drainage, and the location of the building or lot, if any, to be connected by the work. 

 

1.  If the application is for a permit to connect any occupancy other than a commercial or industrial occupancy with any component of the public sewer system or drainage improvement, it shall specify the location and the area to be drained, together with such other information as the Chief Engineer may require. 

 

2.  If the application is for a permit to connect a commercial or industrial occupancy with any component of the public sewer system or drainage improvement, it shall contain a description of the business, a plat of the property, plans and specifications for any special installations, a description and time schedule of the character and quantity of waters and wastes to be discharged through the connection, and any further information required by the Chief Engineer.  No permit shall be issued for connection from a commercial or industrial occupancy until the Chief Engineer approves the application and determines that the connection as described in the application will comply with the provisions of this Title. 

 

B.  The Chief Engineer may refuse issuance of connection permits to any person until the requirements of permits previously issued are complied with.  This authority shall include, but not be limited to, denial of a permit when the applicant is delinquent in payment of fees or City charges for work performed for the applicant by the City or when the applicant has failed to complete work on any previously issued permit or permits.


17.32.021 Connection from Properties Outside the City Limits.

(Amended by Ordinance No. 185397, effective July 6, 2012.)

 

A.  Connection with the public sewer system or a drainage improvement from properties outside the City limits shall be allowed at the sole discretion of the City, and at the location and on such conditions as the Chief Engineer shall find appropriate for proper functioning and maintenance of City sewer service.  No connection from property outside the City limits shall be permitted which, in the opinion of the Chief Engineer, may overload or otherwise compromise any component of the public sewer system or any drainage improvement, or which shall require any capital investment or expenditure by the City.  Connection of properties outside the City’s boundaries is subject to the requirements and limitations of the City’s adopted urban services policy.

 

B.  Any person desiring to connect a property outside the City limits to the public sewer system or any drainage improvement under the provisions of this Title shall enter into such agreement as may be required by the Director.

 

C.  Application for a permit to connect shall be made in writing by the owner or other person having a recorded equitable interest in the property for which the connection is desired.  Before a permit can be issued, all fees and special charges as required in Chapter 17.36 shall be paid and any permits that may be required by road authorities for street or highway opening and use shall be obtained.


17.32.022 Public Rights of Way for Public Sewer and Drainage Improvements.

All components of the public sewer and drainage system shall be located within public rights of way, including easements. The width of public rights of way shall be adequate to allow reasonable access for inspection, maintenance, repair and replacement, using standard construction methods. The minimum width for public easements shall be 15 feet. The Director may require enlargement of the easement as is reasonably necessary considering topographic conditions, the design of a improvement or other relevant factors.


17.32.050 Issuance of a Connection Work Permit.

Upon receipt of the completed application, proper and satisfactory bond, and payment of any applicable fees, the Chief Engineer may issue the requested permit, unless there are reasons of public interest to the contrary.  The permit may include restrictions or conditions as deemed necessary by the Chief Engineer.


17.32.055 Maintenance of Sewer and Drainage Systems.

(Replaced by Ordinance No. 185694; amended by Ordinance No. 186403 effective February 1, 2014.)  Sewer system maintenance obligations including inspection, rehabilitation, routine cleaning and repair are based on ownership of the system:

 

A.  Private Systems. A sewer or drainage system that was not constructed by the City, built under a public works permit, or otherwise accepted pursuant to Subsections B.1 or B.2 must be maintained by the parties served by the system, regardless of whether the system is located within a public right-of-way.

 

1.  If any portion of an existing sewer or drainage system extends into a public right-of-way, the property owner must obtain a permit pursuant to Chapter 17.24 before beginning work within the right-of-way. 

 

2.  For a sewer or drainage system located in a public right-of-way that is under either private or unclear ownership, the Chief Engineer may grant or deny a permit to repair, upgrade, or replace the system as provided by Section 17.32.130. Such a system may only remain in the public right-of-way at the discretion of the Chief Engineer.

 

3.  Incidental, inadvertent, or emergency City maintenance of private sewer or drainage systems or systems with unclear ownership does not obligate the City to perform future maintenance, imply acceptance of the system, or confer ownership of the system on the City.

 

B.  Public Systems. A sewer or drainage system constructed by the City, constructed under a public works permit, or accepted by the City pursuant to Subsections B.2. or B.3. will be maintained by the City as explained below in this Section unless otherwise specified by written agreement with the City.

 

1.  Limits of City Maintenance Responsibility. The City maintains public sewer and drainage improvements that are located in public rights-of-way and that are described in Subsection 17.32.055 B. above. However, the City only maintains sewer laterals as follows:

 

a.  For a City-paved street with curbs, the City will maintain a lateral from the sewer main to the street-side curb face nearest the property being served. If there is more than one curb, as with stormwater facilities, the City will maintain to the street-side curb face closest to the property line. Otherwise, the City will maintain only the wye or tee connection for sewer laterals.

 

b.  For a City-paved street without curbs, the City will maintain a lateral from the sewer main to the edge of the City paved street area.

 

c.  Under Subsections 17.32.055 B.1.a. and b., when the sewer main is located in the right-of-way between the property line and the street-side curb face closest to the property line, the City will maintain only the wye or tee connection for the lateral.

 

d.  For an unpaved street, the City will maintain those portions of any sewer lateral within an area of right-of-way up to 28 feet wide and centered on the centerline of the City right-of-way, as determined by the City, as follows:

 

1)  When the sewer main is within the 28-foot maintenance area, the City will maintain the lateral will be maintained by the City to the limit of the maintenance area;

 

2)  When the sewer main is outside the 28-foot maintenance area and at least a portion of the sewer service lateral lies within the maintenance area, the City will maintain the lateral to the limit of the maintenance area; and

 

3)  When the sewer main is outside the 28-foot maintenance area and no portion of the sewer service lateral lies within the maintenance area, the City will maintain only the wye or tee connection for the lateral.

 

e.  In easements, the City will maintain public sewer mains and only the wye or tee connections for sewer service laterals. 

 

f.  Those portions of a sewer service lateral not addressed by Subsections 17.32.055 B.1.a. through d. are the responsibility of the property owner receiving service through the lateral.

 

2.  Acceptance of Systems with Unclear Ownership. The Chief Engineer may agree to conduct future maintenance of a sewer or drainage systems located in a public right-of-way or  City utility easement where the ownership is unclear if, in the judgment of the Chief Engineer, the public will benefit thereby and: 

 

a.  The system conveys only domestic sanitary or stormwater flows from residential property; or

 

b.  The system has been specifically modified through City permit or by the City to accept stormwater flows from City rights-of-way or other City-controlled property.

 

c.  Acceptance of a system under this Section does not include or imply acceptance by the City of any maintenance responsibility, cost, liability or damage that arises from conditions or use of the system before acceptance by the City.

 

3.  Adoption of Private Systems in the Public Right-of-Way. The Chief Engineer may agree to take ownership of a private sewer system or drainage improvement in the public right-of-way as provided by administrative rule. At the discretion of the Chief Engineer, a system meeting the following general criteria may be adopted:

 

a.  All the properties connected to the system are participating in the City’s Nonconforming Sewer Conversion Program pursuant to Chapter 17.33;

 

b.  The sewer system conveys only domestic sanitary or stormwater flows from residential property;

 

c.  The owners of all properties connected to the system provide the City with detailed information about the design, location, and condition of the system, and the properties connected to it as specified by administrative rule. Property owners must release rights for use of the line to the City for sewer systems to be adopted;

 

d.  The owners of all the properties connected to the system relinquish all claims to the system; and

 

e.  All branch fees assessed by the City are paid or financed.

 

4.  A system accepted under Subsection B.2. or adopted under Subsection B.3. will be added to the City maintenance roles as of the date of acknowledgment by the Chief Engineer.

 

5.  The City’s responsibility for maintenance of any sewer or drainage system, branch or connection point is subject to the City’s annual budget appropriation and shall be limited to the level of service dictated by the City Council’s discretionary budget decision. The City assumes no responsibility for activities requiring a level of maintenance in excess of the level for which funds have been appropriated.

 

C.  Nuisance Abatement.

 

1.  The Chief Engineer may determine that a sewer or drainage located in a public right-of-way that is under either private or unclear ownership constitutes a public nuisance if it:

 

a.  Impairs or threatens to impair the operation, maintenance or installation of any street or public utility;

 

b.  Is so deteriorated that its flows infiltrate or threaten to infiltrate any public utility or impact or threaten to impact the support structures of any street or public utilities; or

 

c.  Otherwise creates a public health or safety hazard.

 

2.  Summary abatement of the nuisance is authorized when the Chief Engineer determines it is necessary to take immediate action to meet the purposes of this Title.

 

3.  Notice to the responsible party before summary abatement is not required.  Following summary abatement, the Chief Engineer shall notify all owners identified in this Chapter or Chapter 25.09 as having maintenance or repair responsibilities. An error in the name of the property owner or address listed in the county assessment and taxation records shall not affect the sufficiency of the notice. 

 

4.  The City will bill each property that the City determines caused or contributed to the nuisance to recover the costs of abatement. Civil penalties of up to $500 may be levied for failure to abate a nuisance. If the amount due is not paid in full within 30 days of the date of notice, the City may place a lien against the property.

 

See Figure 13 for an example visual representation of ownership situations.


17.32.060 Failure to Restore and Maintain Street Area.

It is unlawful for any owner or resident who obtains a sewer construction or connection work permit and is exempt from furnishing the bond required by this Chapter, to fail or refuse to immediately remove all surplus sand, earth, rubbish, and other material and immediately replace in a condition satisfactory to the City Engineer the portion of the street disturbed, dug up or undermined, or to fail or refuse to keep that portion of the street in good repair at the permittee’s own expense for the period of two years from the date of the completion of the work.


17.32.070 Inspections.

(Added by Ordinance No. 186192, effective September 6, 2013.)

 

A. Right of Entry. To the extent permitted by law, BES may enter all private and public premises at any time for the purpose of inspecting for potential violations, connections or for any other lawful purpose. This authorization includes but is not limited to inspection, sampling, testing, photographic documentation, record examination, copying, and installation of devices. Entry may not be conditioned upon BES representatives signing any type of confirmation, release, consent, acknowledgement, or agreement. 

 

B. Entry Protocols.

 

1. The BES representative will present a City photo identification card at the time of entry.

 

2. The BES representative will comply with reasonable, routine safety and sanitary requirements of the facility or site as provided by the facility operator at the time of entry. The facility operator must provide the BES representative with any facility-specific safety protective equipment necessary for entry.


17.32.075 Enforcement.

(Amended by Ordinance No. 186192, effective September 6, 2013.)

 

A. Violations. It is a violation for any person to fail to comply with the requirements of this Chapter or associated rules may be subject to enforcement actions by the Director. Each day a violation occurs or continues may be considered a separate violation. BES will hold the person or persons solely responsible for complying with BES enforcement actions. Violations of this Chapter or associated rules include, but are not limited to:

 

1. Failure to obtain a permit, including failure to supply correct application materials;

 

2. Failure to comply with the conditions of a permit;

 

3. Failure to comply with the conditions of a public sewer or drainage easement;

 

4. Failure to comply with a written directive or timeline of the Director made under authority of this Chapter;

 

5. Damage to or modification of a public sewer or drainage improvement; and

 

6. Failure to comply with enforcement actions as identified in the BES Enforcement Program administrative rules (PPD item ENB-4.15).

 

B. Enforcement Tools. BES may use any or all of the following tools to enforce this Chapter or associated administrative rules: notice of investigation, warning notice, notice of violation, compliance order, requirement to obtain a permit, notice of termination, withholding of permits, violation abatement, legal action, criminal case referral, or referral to other regulatory agencies. BES enforcement actions are described in program-specific administrative rules and the BES Enforcement Program administrative rules (PPD item ENB-4.15).

 

C. Civil Penalties. Persons violating this Chapter or associated rules may be assessed civil penalties of up to $10,000 per day per violation according to program-specific administrative rules and the BES Enforcement Program administrative rules (PPD item ENB-4.15). Penalties and other charges will accrue interest from the date of initial City notice assessing the penalty until the penalty is paid in full.

 

D. Cost Recovery. The Director may recover all reasonable costs incurred by the City that are attributable to or associated with violations of this Chapter or associated administrative rules per PPD item ENB-4.15.

 

E. City Summary Abatement. To the extent permitted by law, the Director may recover from the person causing the violation all costs incurred by the City to summarily abate the following:

 

1. A violation that is not remedied through required corrective actions;

 

2. A situation that poses an imminent danger to human health, public safety, or the environment; or

 

3. Continued noncompliance with PCC or associated rules.

 

F. Nothing in this Chapter is intended to impose liability on the City for any injury or damage resulting from the failure of any person to comply with the provisions of this Chapter.


17.32.076 Compliance Cases and Appeals.

(Added by Ordinance No. 186192, effective September 6, 2013.)

 

A. Reviews and Appeals. A person may request a modification to a BES decision related to this Chapter via an administrative review with BES staff. After the requestor has exhausted all BES program and enforcement program reviews, the requestor may file for an appeal with the Code Hearings Officer per PCC Title 22.

 

1. Reviews and appeals of the following may be requested:

 

a. The determination of a violation of this Chapter or associated rules.

 

b. The type and level of enforcement action taken by BES.

 

c. The type and amount of penalty imposed by BES.

 

d. Compliance due dates.

 

e. A requirement to obtain a permit.

 

f. A denial of a permit.

 

g. Required remediation actions.

 

2. Reviews and appeals may not be requested for:

 

a. The amount of cost recovery assessment against the person by BES.

 

b. A requirement to meet a technical standard.

 

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

 

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

 

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

 

f. Other issues identified in individual program-specific administrative rules.

 

3. Appeals to the City Code Hearings Officer. Appellants must pay a filing fee and a deposit in the amount of the Code Hearing fee as part of their appeal request. If the Code Hearings Officer finds in favor or in partial favor of the appellant, BES will void and return the check to the appellant via certified mail.

 

B. BES Code Compliance Cases. BES may file a case before the Code Hearings Officer under PCC Title 22 to compel compliance with City regulations. The person committing the violation will be offered the opportunity to present evidence.


17.32.080 Separation of Storm and Sanitary Sewer Lines on Private Property.

(Amended by Ordinance No. 185397, effective July 6, 2012.)  Sanitary sewage from private property shall be separately conveyed to the property line and connected through individual laterals for discharge into a public sewer.  Drainage from private property, whether from the roof of a building, the surface of a structure, footings of a structure or any other surface or subsurface drainage shall be conveyed separately from sanitary sewage.  If separate public storm and sanitary sewers are available, the Chief Engineer shall require separate connections for the separate storm and sanitary lines from the private property.  If separate storm and sanitary sewers are not available, but a combination sewer is available, the Chief Engineer may institute the following actions based on engineering needs:

 

A.  Require separate connections for the separate sewage lines from the property to the same combination sewer;

 

B.  Permit joining of the separate lines at the curb line closest to the property line or edge of an easement for single discharge into the combination public sewer; or

 

C.  Require onsite infiltration of surface or subsurface drainage to minimize or eliminate the need for offsite discharge.


17.32.090 Connections to Public Sanitary and Storm Sewers.

(Amended by Ordinance No. 185397, effective July 6, 2012.)

 

A.  Except as otherwise allowed by the City, it is unlawful for any person to allow or cause a connection that will result in the discharge of sanitary sewage into a public sewer that has been designated by the Chief Engineer to be used solely for storm drainage.

 

B.  Except as otherwise allowed by the City, it is unlawful for any person to allow or cause a connection that will result in the discharge of storm drainage, collected groundwater, uncontaminated water used for refrigerating or cooling purposes, or steam condensation into a public sewer designated by the Chief Engineer to be used solely for sanitary sewage. 


17.32.095 Sewer Extension Assessments and Reimbursement.

(Amended by Ordinance Nos. 185397 and 186403, effective February 1, 2014.)

 

A.  When a public sewer is extended past or to properties, all property owners benefiting from the sewer extension shall be assessed a share of the anticipated cost of the extension based on the following two revenue generation methods:

 

1.  Local Improvement Districts as described in Chapter 17.08; or

 

2.  Other charges as specified in Section 17.36.040.

 

B.  When properties that will be served by the sewer extension do not meet the cost share criteria of the programs above, and do not contribute toward the cost of the sewer, the property owner or developer paying for the sewer extension shall be reimbursed by the City for part of the cost of such extension in accordance with Subsections 1. and 2.

 

1.  The amount of reimbursement for a sewer extension shall be limited to the amount of revenue that would be received from the line and branch charge (required in Section 17.36.040) if, upon acceptance of the sewer by the City, all properties adjacent to and capable of receiving gravity service were to connect.  The reimbursement shall not exceed the cost of an equal length of 8-inch-diameter sewer line, as determined by the Chief Engineer.

 

2.  The reimbursement for any project shall not exceed 50 percent of the amount budgeted by the City in any fiscal year.  The total reimbursement in any fiscal year shall not exceed the amount budgeted for that purpose in that year, however funds may be committed against the next year’s budgeted amount.


17.32.100 Reimbursement for Installation of Sewer Backflow Devices in Existing Buildings on Combination Sewer Lines.

(Amended by Ordinance No. 185397, effective July 6, 2012.)

 

A.  A building owner may submit an application for partial reimbursement of the cost for installation of a sewer backwater device on the sewer line, in floor drains, sinks, laundry trays, basins, automatic washers, or other fixtures in the basement with exposed traps.

 

B.  To be eligible, the building, dwelling or structure must be connected to the City combined sewer system and have experienced sewer backups or be in an area vulnerable to sewer backups, as determined by the Director.

 

C.  Installation of said device or devices shall be pursuant to Title 25, Plumbing Regulations, or the Code of the City ofPortland, including, but not limited to, Chapter 25.05, Permits.

 

D.  Payment to the property owner of the City’s share of the expense shall be made upon the Bureau of Development Services’ final inspection and the owner’s submittal of the plumber’s billing for the work.

 

E.  By participation in the cost of installation, the City does not guarantee or in any manner warrant the device or devices, nor does the City give any warranty that the device will prevent future flooding, and the City will not assume any responsibility for damages incurred as a result of the flooding subsequent to installation of any device or devices.  The owner shall be required to look only to such warranty or guarantee as may be secured from the manufacturer of the device or devices and/or the contractor. 

 

F.  As of July 1, 1996, the building owner shall pay the first $100 of the cost of such installation, the City shall pay the next $1,500 of such costs, and the building owner shall pay any amount in excess of $1,600.

 

G.  All devices installed pursuant to this Section shall be owned by the building owner, who shall assume all duties and costs of maintenance, repair and replacement.


17.32.110 Application for Permit to Construct a Public Sewer or Drainage Improvement.

(Amended by Ordinance No. 185397, effective July 6, 2012.)

 

A.  All persons desiring to construct a public sewer or drainage improvement shall obtain a permit prior to beginning work.  The permit application shall contain the following information:

 

1.  A description of the proposed improvement.

 

2.  Locations and names of proposed streets where improvements will be made, location of any off-street improvements, and the name of the proposed plat.

 

3.  A standard acknowledgement of the standard permit conditions described in Section 17.32.140. 

 

4.  Any other information the Chief Engineer deems appropriate.

 

The permit shall be issued after the sewer or drainage improvement plans have been approved by the Chief Engineer.

 

B.  All persons wishing to construct a public sewer or drainage improvement in advance of plat recording of a subdivision or planned unit development may be issued a permit by the Chief Engineer only after:

 

1.  The sewer or drainage improvement plans have been approved by the Chief Engineer;

 

2.  The final plat, with or without required signatures affixed, has been submitted to the Bureau Development Services;

 

3.  The Bureau of Development Services have given written assurances that subdivision or planned unit development approval conditions have been or will be met;

 

4.  All easements outside the subdivision or planned unit development have been obtained, and

 

5.  The applicant has complied with Section 17.32.170 of this Code.

 


17.32.120 Deposit Required.

(Amended by Ordinance No. 185397, effective July 6, 2012.)

 

A.  When the applicant chooses to utilize City design services, the permit application shall include payment of a deposit in an amount to be determined by the Director as described in administrative rules. All deposits must be made before any City design work begins.

 

B.  The City shall retain the amount of the deposit as compensation for the preparation of design and plans or for review efforts if:

 

1.  A permit application or issued permit has had no action or communication for one year from the previous contact; or

 

2.  A permit is not issued for the proposed improvement within one year from the time the design and plans are reviewed and completed. 

 

C.  If a permit is issued for the proposed improvement within one year from the time the design and plans are completed, the amount of the required deposit shall be applied to the cost of the permit fee for such improvements.


17.32.130 Refusal of Public Sewer or Drainage Improvement Permit.

A.  The Chief Engineer may refuse to issue a permit if:

 

1.  In the judgment of the Chief Engineer, the proposed improvement is not suitable in the circumstances or will not be uniform with existing or proposed public sewer or drainage improvements in the immediate vicinity.

 

2.  The application is not modified as the Chief Engineer deems necessary. 

 

3.  The City Engineer has not issued a street opening permit if the public sewer or drainage improvement is or will be located within a public right of way or area to be designated as a public right of way.

 

4.  The application is to repair, replace or upgrade an existing private sewer or drainage system that is nonconforming with public standards.  The Chief Engineer may allow continued use of a nonconforming system if the Chief Engineer determines that it is in the public interest.

 

B.  The Chief Engineer shall have the authority to refuse issuance of public sewer or drainage improvement permits to any person until the requirements of permits previously issued are complied with.  This authority shall include, but not be limited to, denial of a permit when the applicant is delinquent in payment of fees or City charges for work performed for the applicant by the City or when the applicant has failed to complete work on any previously issued permit or permits.


17.32.140 Contents of Permit.

A.  Any permit issued for the construction of a public sewer or drainage improvement may contain conditions that shall be binding upon the permittee and current and subsequent property owners.  Such conditions may include:

 

1.  Full payment of permit fees.

 

2.  Prior filing of a performance bond, cash, or other financial guarantee in lieu thereof in an amount not to exceed the design engineer's estimate for construction and engineering, insurance.

 

3.  Specifics about the kind of work and the time in which the same is to be completed.

 

4.  Such other requirements as the Chief Engineer finds appropriate in the public interest. 

 

B.  All permits to construct a public sewer or drainage improvement shall include the following standard conditions in addition to any other condition the Chief Engineer deems necessary:

 

1.  The resulting public sewer shall be located in a public easement or public right of way and shall come under public control upon plat and easement recording with the County. 

 

2.  City personnel may enter upon the particular private property for the purpose of testing, inspection and surveying if required, during the course of construction of the public sewer or drainage improvements.

 

3.  City inspection personnel may reject or require correction of work that is not in accordance with the approved plans and standard specifications and would prevent future acceptance of the improvements.

 

4.  The plat and easements must be recorded with the County prior to final acceptance of the public sewer improvements.

 

5.  The permittee shall hold the City of Portland harmless against any liability that may occur during construction prior to dedication of the right of way or recording of the easement, and the permittee assumes all risk of loss that may arise in the event the City or any other public agency subsequently requires changes in or additions to plans or refuses to approve all or any part of the permittee's improvements.

 

6.  Any drainage improvements made on private property shall be permanently maintained at the expense of the private property owner as a condition of the drainage improvement permit.

 

7.  The permittee shall, at the permittee's own expense, maintain the public sewer or drainage improvements for a period of 24 months following the letter of completion by the Chief Engineer, as assurance against defective workmanship or materials employed and to assure the improvement is properly operating and being maintained as designed.  BES may extend the warranty period for any repairs, alterations or rehabilitations that need to occur during the original warranty period. 

 

8.  The issuance of a permit in no way waives any requirements by the City or any other public agency that may be associated with the development of a plat or Planned Unit Development.


17.32.170 Work Done Under Permit.

(Amended by Ordinance No. 185397, effective July 6, 2012.)

 

A.  All work done under and in pursuance of a permit shall be under the authorization of the Chief Engineer, who shall determine the details of the improvement and whose orders in regard to the improvement and the execution of the same shall be obeyed by the applicant for the permit and by the persons doing the work.

 

B.  The Chief Engineer may establish standards for particular types or classes of work to be performed by contractors or by persons permitted to construct facilities in streets, easements, or other public property.  Any person constructing the improvement shall comply with such standards unless otherwise specifically authorized by the Chief Engineer to deviate from those standards.

 

1.  All discharges must be routed to a discharge point approved by the Director. Approval of discharge points must meet the following standards:

 

a.  The discharge must be conveyed along a route of service approved by the Director.

 

b.  The discharge point must comply with the following standards and specifications:

 

(1)  Sanitary, wastewater or other discharges to the sanitary or combined system must comply with the Sewer and Drainage Facilities Design Manual.

 

(2)  Stormwater or other discharges to the City’s storm and drainage system must comply with the Stormwater Management Manual.

 

C.  The Chief Engineer shall refuse to accept work that is not in full compliance with the plans, specifications, permit or other contract documents.  If the work is refused by the Chief Engineer, it shall not be accepted unless corrected to conform to plans and specifications.

 


17.32.180 Original Documents Become the Property of the City.

Any plans, specifications, survey notes or other original documents as required by the Chief Engineer that were prepared for or produced during the design or construction of a public sewer or drainage improvement become the property of the City and shall be delivered to the Chief Engineer before acceptance of the improvement by the Chief Engineer.


17.32.190 Acceptance of Completed Improvement by Chief Engineer of the Bureau of Environmental Services.

A.  Notice of Construction Completion.  During the course of construction and before issuance of a letter of completion from the BES Chief Engineer or a certificate of completion from the Bureau of Transportation for joint projects, the BES Chief Engineer shall inspect the sewer or drainage improvement and determine if the various kinds of work performed are in compliance with the plans, specifications and allowances of the permit and meet City standards for quality of workmanship.  The Chief Engineer shall check the improvement for alignment, proper computation of quantities, and conformance with the established grade.  Once this acceptance is garnered, the maintenance and warranty period will commence.

 

B.  Certificate of Completion of the Maintenance and Warranty Period.  The purpose of the warranty period is to assure the public improvement is operating as designed and is in a well-maintained condition upon conveyance to the City.  All of the work required during the warranty period must be completed to the satisfaction of the Chief Engineer prior to completion certificate issuance.  The Chief Engineer, or in the case of joint permits the Transportation permit manager, shall issue a warranty completion certificate accepting the improvement. 

 

C.  Council Acceptance.  Council may directly accept improvement if it conforms to Code provisions and proper grades filed by the Chief Engineer.


17.32.200 Permit-Related Records.

The Bureau of Environmental Services shall keep a record of improvements under permit, permit issuance under this Chapter, permit conditions, and the date of acceptance, if made.


17.32.210 Removal of Public Sewer or Drainage Improvement.

In the event the Chief Engineer or the City Council does not accept an improvement made pursuant to the improvement permit within one year after completion, the permittee shall remove the improvement and restore the public area to at least its prior condition or to the extent directed by the BES Chief Engineer or City Engineer, at the permittee’s expense.


17.32.220 Conflict.

(Added by Ordinance No. 186192, effective September 6, 2013.) This Chapter supersedes all ordinances or elements thereof to the extent that they are inconsistent with or conflict with any part of this Chapter.


17.32.230 Severability.

(Added by Ordinance No. 186192, effective September 6, 2013.) If any provision, paragraph, word, or Section of this Chapter or associated administrative rules is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections shall not be affected and shall continue in full force and effect.


Figure 13 (Section 17.32.055 and 17.33.020)

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Title 17 Public Improveme
Chapter 17.04 Definitions
Chapter 17.06 Administration of Public Works Permitting
Chapter 17.08 Local Improvement Procedure
Chapter 17.12 Assessments
Chapter 17.13 Parks and Recreation System Development Charge
Chapter 17.14 Financing Systems Development Charges
Chapter 17.15 Transportation System Development Charge
Chapter 17.16 General Provisions
Chapter 17.18 General Obligation Improvement Warrants
Chapter 17.19 Northwest Transportation Fund
Chapter 17.20 (Repealed)
Chapter 17.23 Special Traffic Control District
Chapter 17.24 Permits
Chapter 17.25 Sidewalk Cafes
Chapter 17.26 Sidewalk Vendors
Chapter 17.27 Structural Driveways
Chapter 17.28 Sidewalks, Curbs and Driveways
Chapter 17.30 (Repealed)
Chapter 17.32 Public Sewer and Drainage System Permits, Connections and Maintenance
Chapter 17.33 Required Public Sewer Connection
Chapter 17.34 Sanitary Discharges
Chapter 17.35 Septage Discharge
Chapter 17.36 Sewer User Charges
Chapter 17.37 Downspout Disconnection
Chapter 17.38 Drainage and Water Quality
Chapter 17.39 Storm System Discharges
Chapter 17.40 Protection of Public Right-of-Way
Chapter 17.41 Landslide Abatement
Chapter 17.42 Property Owner Responsibility for Streets
Chapter 17.44 Street Obstructions
Chapter 17.45 Advertising on Bus Benches
Chapter 17.46 Newsracks
Chapter 17.48 Moving Buildings
Chapter 17.52 Trees
Chapter 17.56 Public Utilitites
Chapter 17.60 Underground Wiring Districts
Chapter 17.64 Protection of City Owned Telecommunications Line and Equipment, Street Lighing and Traffic Signal Systems
Chapter 17.68 Street Lights
Chapter 17.72 (Repealed)
Chapter 17.76 Fuel Tanks
Chapter 17.80 Plats and Dedications
Chapter 17.82 Land Divisions
Chapter 17.84 Street Vacations
Chapter 17.88 Street Access
Chapter 17.92 Street Designation
Chapter 17.93 Renaming City Streets
Chapter 17.96 Surveys, Elevations and Monuments
Chapter 17.100 Remedies and Penalties
Chapter 17.102 Solid Waste & Recycling Collection
Chapter 17.103 Single-Use Plastic Checkout Bags