2205-01 CONSTRUCTION / ZONING / CODE COMPLIANCE CASE FILES
Series is used to chronicle construction code, zoning code, and dangerous, at-risk or fire-damage building cases from initial request and inspection process through final disposition. Records may include investigation request, field notes, background information on property ownership, search warrants, photographs and images, correspondence and other related documents. If records are being prepared to go or have gone through the hearings process, then records may also include hearing notice, copy of complaint, exhibit material, mailing and/or posting notifications and other similar records. See 2204-01 for Permit Working Records. ACCESS – Information regarding complainant is exempt from disclosure. Copy of records must be provided upon request with complainant information redacted.
Confidential? No
Record Copy? Yes
Vital Record? No
RETENTION: 10 years after last action; if case results in lien, records must be retained for 3 years after lien is paid in full or dismissed.
AUTHORITY: OAR 166-200-0025(3); (12); 166-200-0135(20)
2205-03 HOME OCCUPATION PERMITS
Series is used to document current Home Occupation Permits from first application. Permits are for certain business operations conducted in private residences. Records include application, type of business, address and phone number, neighborhood notice, receipt copy, renewal notice and other similar documents.
Confidential? No
Record Copy? Yes
Vital Record? No
RETENTION: 3 years after expiration, revocation, or denial
AUTHORITY: OAR 166-200-0010(20)
2205-05 NOISE VARIANCE RECORDS (NOT REVIEWED BY THE NOISE BOARD)
Series is used to document exceptions to the noise control ordinance. Records include applications for variances and action taken on the applicant request.
Confidential? No
Vital Record? No
Record Copy? Yes
RETENTION: 3 years after expiration, revocation, or denial.
AUTHORITY: OAR 166-200-0010(20)
2205-06 NOISE COMPLAINT RECORDS
Series is used to document noise complaints received by the bureau. Complaint types include the following: noisy mechanical equipment, industrial machinery, bands rehearsing at residential property, excessive home and car stereos, excessive amplification from nightclubs and bars, and construction outside the normally permitted hours. Records include complaints which may contain name, address, phone number, address and location of problem, type of problem, field investigation notes, action taken, filings with the Code Hearing Office, technical noise data collected on sound level meters, citizen complaint logs, results and other similar information.
Confidential? Information regarding complainant is exempt from disclosure. Copy of record must be provided upon request with complainant information deleted. (If citizen complaint logs are used as evidence in a proceeding, they may be made available to the alleged noisemaker). ConsultCity Attorney’s Opinion regarding Citizen Complaints - Disclosure of Informants Identity dated December 10, 1985 in the BDS Director's Office.
Vital Record? No
Record Copy? Yes
RETENTION: If case goes before Noise Review Board, those records become part of 2205-08; Retain other complaints 5 years after last action.
AUTHORITY: OAR 166-200-0100(49)
2205-07 NOISE REVIEW BOARD PROCEEDINGS
Series is used to document proceedings and decisions on the Noise Review Board. Records may consist of tape recordings, multi-year variances, decisions, actions, and discussions by the Noise Review Board.
Confidential? No
Vital Record? No
Record Copy? Yes
RETENTION: Permanent. Tape recordings of proceedings may be destroyed 1 year after decision has been documented.
AUTHORITY: OAR 166-200-0010(13)
2205-08 NOISE CONTROL MUNICIPAL CITATION CASES – LIEN
Series is used to document work completed by the City or its agents to issue citations for violation of Title 18 or violation of the conditions of an approved noise variance from the Noise Review Board or the Noise Control Office. These citations are separate from the Noise Control Officer’s right to issue citations with the District Attorney’s Office. If the responsible party does not pay the citation in a timely fashion, the property owner shall be considered the responsible party, and a lien to collect payment shall assessed to the property owner. Records may include a noise measurement report, the actual noise citation, copies of technical noise data, and similar information. The correspondence, initial intake complaint, notice of violation – property maintenance code, search warrant, return of search warrant, inspection photos, hearings office complaints, and inspector’s notes, are normally maintained in TRACS and are associated with the Noise Complaint Records (see 2205-06).
Confidential? Information regarding complainant is exempt from disclosure. Copy of record must be provided upon request with complainant information deleted. (If citizen complaint logs are used as evidence in a proceeding, they may be made available to the alleged noisemaker) Consult City Attorney.
Vital Record? No
Record Copy? Yes
RETENTION: 5 years after lien dismissed or paid in full.
AUTHORITY: OAR166-200-0135 (20); 166-200-0075 (12)