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ENB-18.21 - Chronic Offenders With Multiple Property Maintenance Violations

CHRONIC OFFENDERS WITH MULTIPLE PROPERTY MAINTENANCE VIOLATIONS
Administrative Rule Adopted by Bureau of Development Services Pursuant to Rule-Making Authority
ARB-ENB-18.21

 
PURPOSE:
 

Neighborhood Inspections identifies property owners who are deemed Chronic Offenders because of repeated property maintenance violations within a 12-month period. Such Chronic Offenders may be subject to additional sanctions as authorized in Section 29.70.040(C) of the City Code. This Policy Document sets out the Chronic Offender criteria and the enhanced enforcement actions and sanctions that the Bureau of Development Services (Bureau) may impose on Chronic Offenders.

 

DEFINITIONS:

 

A chronic offender is any property owner whose property has repeated violations of Title 29, which have a negative impact on the public health, safety or welfare and cause repeat inspections and enforcement efforts within a 12-month period and meet the criteria set forth below.

 

POLICY:

 

Chronic offenders use a disproportionate amount of Bureau resources, including increased staff time and costs associated with multiple inspections and enforcement efforts. In addition, these properties negatively impact the livability and property values of the neighborhoods where they are located. To help defray the costs associated with additional enforcement and encourage compliance, these properties and property owners are subject to the additional sanctions described below.

 

A.  Chronic Offender Criteria

 

The owner(s) of any property located in the City ofPortlandshall be considered a Chronic Offender based on the following criteria:

 

1.  A property is found to be in violation of Title 29 (nuisance, derelict buildings, disabled vehicles and/or housing violations) during a 12-month period and as a result, has accumulated 6 points of code citations. Points on a property are determined using the following values:

 

a.  One nuisance posting = 2 points
b.  One nuisance abatement = 2 points
c.  One disabled vehicle warning (posting) = 2 points
d.  One disabled vehicle tow = 2 points
e.  One housing case posting = 2 points

 

2.  Upon accumulating 6 points during a 12-month period, a property owner shall receive a Chronic Offender Warning notification letter. If, after receiving a Chronic Offender Letter, the property owner is cited again and accrues 8 points or more within 12 months, the property owner is subject to additional sanctions described below, as authorized in Title 29, Section 29.70.040.

 

3.  A property owner shall be considered a Chronic Offender and in violation of Title 29 until the accumulated point values on a property total less than 6 points during any 12-month period.

 

B.  Additional Enforcement Actions and Sanctions

 

A Chronic Offender who meets the criteria set forth above may be subject to any or all of the following additional enforcement actions and sanctions:

 

1.  Fees:

Fees may be assessed per occurrence, as defined in the Bureau of Development Services Enforcement Fee and Penalty Schedule.

 

2.  Summary Abatement:

Any future nuisance violations cited, including disabled vehicles, may be summarily abated as authorized by Title 29, Section 29.20.030.

 

3.  Referral to Code Hearings Officer:

Property owners may be brought before the Code Hearings Officer to seek additional penalties and sanctions.

 

HISTORY
 
Effective September 1, 2004 (Previously published as ONI Policy Number G-10-1).
Filed for inclusion in PPD September 30, 2004.
Amended by Director of Bureau of Development Services June 24, 2013.