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Article 2 Street Grades

Section 9-201 Original Establishment.
When the Council has not established the grade of a street or part thereof, it may at any time be established by the Council without taking any of the proceedings provided for in this Article, by setting forth the elevation of the finished road surface at the center line of the street or portion of a street designated for travel. [Nov. 7, 1922, new sec. 256; 1928 pub., sec. 256; 1942 recod., sec. 9-201; am. Nov. 8, 1966.]

Section 9-202 Authority to Change Grades.
The Council may change any established street grade, may determine the amount of any damages to be paid as a result of the change, and may make a local assessment therefor. Variation of one foot or less above or below an established grade shall not constitute a change of established grade. When a structure, including pavement, driveway, building, or other construction, has been constructed upon abutting property after original establishment of grade, and damages are claimed as hereinafter provided for that structure, no change of grade shall be made without determining whether any damage is sustained and providing for payment of any such damages as set forth in this Article. In other cases the Council shall determine whether or not damages to abutting property shall be considered or awarded. [Nov. 7, 1922, new sec. 257; 1928 pub., sec. 257; 1942 recod., sec. 9-202; am. Nov. 8, 1966.]

Section 9-203 Initial Engineer's Report.
Whenever the Council deems it expedient to change the grade of any street or part thereof within a district continuously affected by the change of grade, it shall direct the Engineer to report thereof. The Engineer shall thereafter, as soon as convenient, file with the Auditor a report showing the location and nature of grade changes which in the Engineer's judgment should be made. The report shall also describe the area which the Engineer deems to be affected by the proposed change of grade. [Nov. 7, 1922, new sec. 258; 1928 pub., sec. 258; 1942 recod., sec. 9-203; am. Nov. 8, 1966.]

Section 9-204 Notices and Hearing.
The Council may approve the initial report of the City Engineer by resolution, or make changes therein, and declare its intention to make such change of grade, stating the location and nature of the proposed grade change. The Auditor shall publish in five (5) successive publications of the City official newspaper notice of the proposed change of grade, setting forth the nature of the proposed change, the time within which objections against such proposed change of grade and claim for damages may be filed in writing with the City official designated by ordinance, and the time when said matter and objections will be heard by the Council. Objections and claims for damages may be filed within twenty (20) days from the first publication of the notice. The time for hearing shall be the next regular meeting of the Council following said twenty (20) days. Within five (5) days from first publication of the notice, the City Engineer shall cause to be posted on the street or streets affected by the proposed change of grade, a notice headed, "Notice of Change of Grade," containing a legible copy of the notice published. One of such notices shall be posted at or near each street intersection where the proposed change of grade is to be made. If no intersection is affected by the change of grade then the posting of one notice at or near the intersection closest to the maximum point of change of grade shall be sufficient. The City Engineer shall maintain in the project file an affidavit of posting stating the date when and the places where the notices were posted. The Auditor also shall send notice to the persons named as owners of the property within the affected area designated in the Engineer's report as adopted by the Council. If the address of any named owner is unknown and if that person has an agent whose name and address is known,, notice shall be mailed to that agent; otherwise it shall be mailed to the named owner addressed at Portland, Oregon. However, failure of any such person or the true owner to receive the mailed notice shall not invalidate the proceedings. [Nov. 7, 1922, new sec. 259; 1928 pub., sec. 259; 1942 recod., sec. 9-204; am. Nov. 8, 1966; am. Nov. 3, 1992.]

Section 9-205 Objections, Claims for Damages.
At the time of hearing, if the Council finds that no claims for structural damages have been presented by property owners and that any objections filed do not represent three-fifths in area of the property affected, the Council may by ordinance make such change of grade without awarding damages and without further proceedings, or may determine that a further report concerning damages to owners of property injured and benefits to owners of property specially benefitted should be made by the City Engineer. If the Council finds that the owners of more than three-fifths in area of the property affected have filed written objections, no further proceedings shall be taken for a period of six (6) months, except on petition of the owners of more than half in area of the affected property, or unless the Council determines that an award of damages shall be made for probable injuries to property. If the Council determines at the hearing that there are probable injuries to affected property as a result of the proposed change, then the Council may direct the City Engineer to report on damages and benefits. All owners' claims for damages shall be verified and shall state the facts upon which the claim is based and the amount thereof. [Nov. 7, 1922, new sec. 260; 1928 pub., sec. 260; 1942 recod., sec. 9-205; am. Nov. 8, 1966; am. Nov. 3, 1992.]

Section 9-206 Award of Damages and Assessment of Benefits.
A report by the City Engineer on damages and benefits shall state the amount of damages which in the Engineer's judgment should be awarded to the owner of each property injuriously affected by the proposed grade change and a detailed proposed assessment on each lot and parcel of land in the Engineer's judgment specially benefitted, proportionate to its share of benefits resulting from the change. Upon the filing of the report the same procedural steps shall be taken with like force and effect as provided for municipal condemnation proceedings. [Nov. 7, 1922, new sec. 261; 1928 pub., sec. 261; 1942 recod., sec. 9-206; am. Nov. 8, 1966.]