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ENB-18.42 - Demolition Delay Waiver

Administrative Rule Adopted by Office of Neighborhood Involvement

Category: Neighborhood Inspections
Effective Date: April 27, 2004
Responsible Bureau Section:
Neighborhood Inspections
111 SW Columbia St, Suite 670
Portland Oregon 97201
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.
The purpose of the Demolition Delay Waiver is to provide owners of vacant residential structures an exception to code enforcement fines on a property the owner wants to demolish and has applied for a Demolition Permit.
A waiver application filled out by the property owner, or referral from a Housing Inspector.
There is no application fee for a Demolition Delay Waiver.
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 , Portland OR 97201 .  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.
ONI will grant a suspension of housing Code Enforcement Fines for two (2) months if the property meets all the requirements listed below.  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 requirements.   Monthly Code Enforcement Fines will be suspended beginning with the first billing cycle following the date the property qualifies for the waiver.  The waiver is not renewable.
A. Requirements to Qualify for a Demolition Delay Waiver
All of the following requirements must be met to qualify for the Demolition Delay Waiver:
1. The structure is vacant and has been cited for Title 29 Property Maintenance Code Violations;
2. The owner and/or owners’ representative have applied and paid permit fees for a demolition permit that has a 35-day demolition delay hold.
B.  General Information
1. Upon approval of a Demolition Delay Waiver, monthly Code Enforcement Fines will be suspended for two (2) months beginning with the first billing cycle after the date the property qualifies;
2. Prior to granting of a Demolition Delay Waiver there must be a demolition permit on file with a 35-day demolition delay;
3. This waiver is not renewable or transferable.
D. Waiver Cancellation Policy
1. Demolition Delay Waivers will be cancelled immediately if the demolition permit is cancelled;
2. Work is being done at the property without the required permit;
3. The property becomes occupied;
4. The property changes ownership.

NOTE: If the waiver is cancelled for any of the above reasons, the owner cannot reapply for 1 year from the date of cancellation.

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.

Effective April 27, 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.