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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 3 Chapter 3.30 Bureau of Development Services
3.30.040 Establishment of Enforcement Priorities and Remedies.

(Amended by Ordinance Nos. 175327, 176955 and 183793, effective May 19, 2010.)  In order to carry out the duties as set forth in Section 3.30.010, the Director of the Bureau of Development Services may:

 

A.  Adopt written policies and procedures for the enforcement of applicable Code provisions and laws.  Establish enforcement fees or penalties for non-compliance.  Establish enforcement priorities based on the number of budgeted enforcement personnel, public safety and welfare factors, and any priorities established by City Council.

 

B.  Gain compliance by:

 

1.  Instituting an action before the Code Hearings Officer in the manner provided for by Title 22 of this Code; or

 

2.  Causing appropriate action to be instituted in a court of competent jurisdiction; or

 

3.  Issuing a code violation citation directly to the contractor or person responsible for carrying out the work.  Any person receiving a citation for violating the provisions of the City Code administered by the Bureau of Development Services shall be subject to a fine of up to $1,000 for each citation issued.

 

4.  Taking other lawful action.

 

5.  Revoking a Type B home occupation permit for failure to comply with the regulations of City Code Chapter 33.203 by using the following procedures:

 

a.  If the Director determines that cause for revocation of a permit exists, the Director shall provide written notice thereof to the permittee.  The notice shall contain a brief description of the facts supporting the revocation, the date the revocation shall become final and a notice of the permittee's right to appeal the revocation.

 

b.  The notice shall be mailed by certified mail, return receipt requested, and regular mail to the permittee.  The notice shall be effective upon three days after mailing.

 

c.  The revocation shall become final and effective ten days after the notice is effective, unless an appeal is filed.

 

d.  Any permittee whose permit has been revoked may appeal the revocation to the Code Hearings Officer pursuant to the provisions of City Code Chapter 22.10.  The filing of an appeal shall stay the effective date of the revocation until the appeal is determined in a final decision by the Code Hearings Officer.

 

C.  Impose fees or penalties for non-compliance, provide notification, and allow for appeals by:

 

1.  Initiating the notification procedures provided in Section 29.60.050.

 

2.  Imposing monthly enforcement fees or penalties for each property that meets the following conditions:

 

a.  The property is the subject of a notice of violation by the Bureau of Development Services; and

 

b.  A response period of 30 days has passed since the effective date of the initial notice of violation; and

 

c.  The property remains out of compliance with the initial notice of violation or any subsequent notice of violation.

 

3.   Doubling the penalties if the violations are not corrected within three months from the initial notice of violation.

 

4.  Imposing an additional penalty as set forth in the Enforcement Fee and Penalty Schedule against any property for which a code enforcement proceeding is initiated before the Code Hearings Officer pursuant to the provisions of Title 22 of this Code.

 

5.  All required fees or penalties are listed in the Enforcement Fee and Penalty Schedule adopted by City Council.  Fees or penalties may be updated annually or on an as needed basis.  The approved Enforcement Fee and Penalty Schedule will be available at the Bureau of Development Services Center and on the bureau’s Web site.

 

6.  Providing for administrative procedures as set forth in Subsections 29.70.010 C. through E.

 

7.  Providing for administrative review and the opportunity for appeal to the Code Hearings Officer as set forth in Section 29.80.010.

 

8.  Allowing exceptions as provided in Section 29.60.100.


Title 3
Chapter 3.02 Council Organization and Procedure
Chapter 3.04 Subpoena Powers
Chapter 3.05 City Auditor's Audit Services Division
Chapter 3.06 Departments, Bureaus and Divisions Generally
Chapter 3.08 Treasurer
Chapter 3.10 Office of City Attorney
Chapter 3.12 Bureau of Transportation
Chapter 3.13 Bureau of Environmental Services
Chapter 3.15 Office of Management and Finance
Chapter 3.16 City Budget Office
Chapter 3.18 (Repealed)
Chapter 3.20 Bureau of Police
Chapter 3.21 City Auditor's Independent Police Review Division
Chapter 3.22 Portland Fire & Rescue
Chapter 3.24 Portland Water Bureau
Chapter 3.26 Bureau of Parks
Chapter 3.27 Portland Parks and Recreation Board
Chapter 3.28 Bureau of Health
Chapter 3.30 Bureau of Development Services
Chapter 3.32 (Repealed)
Chapter 3.33 Bureau of Planning and Sustainability
Chapter 3.34 (Repealed)
Chapter 3.36 Portland Housing Bureau
Chapter 3.38 Portland Housing Advisory Commission (PHAC)
Chapter 3.40 (Repealed)
Chapter 3.44 (Repealed)
Chapter 3.46 Bureau of Insect Control
Chapter 3.52 (Repealed)
Chapter 3.53 (Repealed)
Chapter 3.54 Loss Control and Prevention
Chapter 3.57 (Repealed)
Chapter 3.58 (Repealed)
Chapter 3.60 (Repealed)
Chapter 3.62 Boxing Commission
Chapter 3.64 (Repealed)
Chapter 3.66 (Repealed)
Chapter 3.67 Performing Arts Advisory Committee
Chapter 3.68 Formal Japanese Garden Commission
Chapter 3.70 Pittock Mansion Advisory Commission
Chapter 3.71 (Repealed)
Chapter 3.72 Committee on Claims
Chapter 3.74 Oaths of Office
Chapter 3.76 Public Records
Chapter 3.77 Office of the Ombudsman
Chapter 3.78 Acquisition of County Property for Park Purposes
Chapter 3.80 Special Permits
Chapter 3.82 Officer and Employee Bonds
Chapter 3.84 City Owned Motor Vehicle Accident Reports
Chapter 3.86 Golf Advisory Committee
Chapter 3.88 Investment Advisory Committee
Chapter 3.90 (Repealed)
Chapter 3.92 (Repealed)
Chapter 3.94 (Repealed)
Chapter 3.95 (Repealed)
Chapter 3.96 Office of Neighborhood Involvement
Chapter 3.98 Towing Board of Review
Chapter 3.99 Fair Wage Policies
Chapter 3.100 Equal Opportunity
Chapter 3.101 Property Tax Exemption for Low Income Housing Held by Charitable Non-Profit Organizations
Chapter 3.102 Property Tax Exemption for New Construction of Single-Unit Housing in Homebuyer Opportunity Areas
Chapter 3.103 Property Tax Exemption for Multiple-Unit Housing Development
Chapter 3.104 (Repealed)
Chapter 3.105 (Repealed)
Chapter 3.106 Exposition-Recreation Commission
Chapter 3.107 Water Quality Advisory Committee
Chapter 3.110 Bureau of Hydroelectric Power
Chapter 3.111 (Repealed)
Chapter 3.112 (Repealed)
Chapter 3.114 Office for Community Technology
Chapter 3.115 Mt. Hood Cable Regulatory Commission
Chapter 3.116 Waterways Advisory Committee
Chapter 3.120 (Repealed)
Chapter 3.122 Economic Improvement Districts
Chapter 3.123 Portland Utility Review Board
Chapter 3.124 Portland Bureau of Emergency Management
Chapter 3.125 Disaster Policy Council
Chapter 3.126 Emergency Management Steering Committee
Chapter 3.127 Bureau of Portland Fire and Police Disability and Retirement
Chapter 3.128 Office of Equity and Human Rights
Chapter 3.129 Human Rights Commission