Administrative Rule Adopted by Bureau Pursuant to
Rule-Making Authority
ARB-ENB-13.18
Purpose:
To provide standards for inspectors to grant time extensions for property owners to correct code violations.
Background:
Code violation notices provide a set amount of time, usually 30 days, for correction of the violation. After that time, the property is subject to enforcement penalties. Property owners may have legitimate reasons for needing additional time to comply. Staff need a fair and consistent standard to guide them in evaluating extension requests.
Bureau Policy:
Extensions may be granted in certain situations for specified and limited amounts of time when a property owner has initiated or needs time to initiate corrective action in the following situations: (note: all extensions are from original due date)
1. Corrective action begun within 30 days, more time needed to complete - maximum extension of 30 days; may be reviewed and additional 30 days granted for good reason such as weather.
2. Unable to comply within 30 days due to personal reasons - maximum extension of 30 days.
3. Legal action, such as eviction or foreclosure, needed by property owner before corrective action can be taken - maximum extension of 30 days with one additional extension possible upon demonstration of need.
4. Building or development permit applied for, not yet issued - 15 days to obtain permit; 60 days to complete work under permit which will correct violation.
5. Land use review application made:
a. If preapplication conference scheduled, completed application to be submitted to and accepted by Planning within 30 days of preapp conference for Type II review and within 60 days of conference date for Type III review.
b. If no preapp conference, or once application submitted to Planning after a preapp conference, extension until end of review process or 120 days whichever occurs first.
c. After decision issued, 30 days to comply with decision unless decision sets specific dates for completion.
6. Litigation due to action initiated by or against the City, or appeals of land use decision to LUBA - extension until court order issued or at direction of City Attorney.
7. Stipulated Agreement in effect prior to start of penalties as Code Hearings Officer - extension until expiration of agreement or until agreement is violated.
8. Extensions granted by Bureau management or Commissioner for good cause - as directed.
HISTORY
Filed by Bureau of Development Services for inclusion in PPD September 29, 2004.
Originally published as Bureau of Buildings Procedure No. B-7-5 dated March 14, 1995.
