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ENB-18.40 - Active Permit Waiver

Administrative Rule Adopted by Office of Neighborhood Involvement
ARB-ENB-18.40

 
Category: Neighborhood Inspections
 
Effective Date: May 12, 2004
 
Responsible Bureau Section:
Neighborhood Inspections
111 SW Columbia St, Suite 670
Portland Oregon 97201
503-823-7306
 
BACKGROUND:
Title 29 of the Portland City Code is known as the Property Maintenance Code.  Among other things, this code sets minimum standards for maintaining residential properties within the City of Portland .  This code also includes provisions for citing both nuisance and housing maintenance violations. To gain compliance with this code, Title 29 allows for the charging of Code Enforcement Fines on properties that fail to comply with the cited regulations in a timely manner.  To prevent accumulating fines from causing undue hardship and/or when extenuation circumstances may impede timely code correction, Section 29.60.100 authorizes the Director of the Office of Neighborhood Involvement (ONI) to adopt exceptions.  This waiver is one of the exceptions that have been adopted.  A waiver policy defines the criteria and time frame for suspending Code Enforcement Fines.  It also identifies conditions under which a waiver exception will be cancelled and fines re-instated.
 
PURPOSE:
The purpose of the Active Permit Waiver is to assist property owners who have corrected all violations except those needing permit, and have an active permit for this work by suspending monthly Code Enforcement Fines for six months.
 
APPLICATION:
A waiver application filled out by the property owner, or referral from a Housing Inspector.
 
FEE:
There is no application fee for an Active Permit Waiver.
 
APPEAL:
If the property owner wishes to appeal the denial of a waiver they must request the appeal within fifteen (15) days of the written denial.  The appeal must be made in writing and submitted to Neighborhood Inspections, 111 SW Columbia St, Suite 670, PortlandOR97201.   The property owner will have the opportunity to present additional information during this appeal.  A written determination will be mailed to the owner.  This determination can be appealed to the Code Hearings Office within ten (10) business days of its issuance.
 
POLICY:
The Office of Neighborhood Involvement  (ONI) will grant from the date the property qualifies a suspension of housing Code Enforcement Fines for sixmonths if the property meets all the requirements listed below.  The waiver is not granted automatically.  The waiver may be granted to properties referred by a Housing Inspector, or a property owner may send in a written request for waiver.  In either case the request is reviewed to ensure it meets all the requirements. Monthly Code Enforcement Fines will be suspended beginning with the first billing cycle following the date the property qualifies for the waiver. 
                                               
 
A. Requirements to Qualify for an Active Permit Waiver
All of the following requirements must be met to qualify for the active permit waiver:
1. All violations except work without permit have been corrected, inspected, and approved by a Housing Inspector;
 
2. One or more permit(s) has been issued to correct the remaining violation(s);
 
3. The permits issued are active permits, meaning there is ongoing progress and inspections.
 
4. The structure is attached to a permanent foundation or has an issued and active permit to repair or replace the foundation;
 
5. The property is clear of any other code violations administered by Neighborhood Inspections (Nuisance, Disabled Vehicles, Additional Housing violations, Re-occupancy prior to approval);
 
6. The property may be occupied if all fire, life and safety violations have been corrected and approved by the housing inspector, or vacant with no significant fire, life, or safety violations on the exterior. 
B. General Information
1. Upon approval of an Active Permit Waiver, monthly Code Enforcement Fines are suspended for sixmonths beginning with the first billing cycle after the date the property qualifies; 
 
2. Rental properties must be vacant or occupied with all fire, life and safety violations corrected and approved by the housing inspector to qualify for this waiver;
 
3. Active Permit Waivers are not transferable;
 
4. This waiver is renewable for an additional 6-month period, as long as the permit shows ongoing progress and inspections, and is not cancelled for any reason;
 
5. At least one month prior to the expiration of the waiver a reminder letter is mailed to the property owner. The reminder letter alerts the owner that the case must be closed by the expiration date of the waiver or the monthly Code Enforcement Fines will be billed until the case is closed.  This letter also offers the property owner an opportunity to apply and qualify for a one-time, six-month extension of the waiver as long as the permit is not cancelled
C. Waiver Cancellation Policy
Active Permit Waivers will be cancelled immediately if any of the conditions listed below occur during the waiver period.
1. The permit to correct the violations is cancelled by the Bureau of Development Services for any reason;
 
2. New/additional violations of any code administered by ONI are cited twice at the property after the date the waiver approval letter was mailed to the property owner, but outside of a 30 day period, or abated once; for example, the property is cited for a nuisance violation and the housing maintenance conditions worsen;
 
3. If the property is cited for nuisance conditions under Title 29 Nuisance Code, the owner has 15 days to correct the violations.  If the violations are not corrected, resulting in abatement by City Contractors, the waiver will be cancelled.
 
4. Work is being done at the property without the required active permits;
 
5. Ownership of the property changes;
NOTE:  If the waiver is cancelled for any of the above reasons, it cannot be re-activated until the issue is resolved and approved by the housing inspector.
 
If this waiver is cancelled, a cancellation letter will be mailed to the owner of the property and monthly Code Enforcement Fines will start with the next billing cycle after the cancellation.

HISTORY
Effective May 12, 2004
Filed for inclusion in PPD September 30, 2004.
Revised and filed in PPD November 16, 2004
Revised June 7, 2006 and filed in PPD June 16, 2006.