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ENB-18.43 - Hardship/Income Waiver For Nuisance Abatement/Towing Of Disabled Vehicles

Administrative Rule Adopted by Office of Neighborhood Involvement
ARB-ENB-18.43

 
Category: Neighborhood Inspections
 
Effective Date: April 27, 2004
 
Responsible Bureau Section:
Neighborhood Inspections
111 SW Columbia St, Suite 670
Portland Oregon 97201
503-823-7906
 
 
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 nuisance violations. Some of the regulations authorize the city to hire a contractor and abate nuisance violations or remove disabled/inoperable vehicles at properties where the owners are not abating the nuisance or removing the disabled inoperable vehicle(s) in a timely manner.  To prevent the charges from causing an undue hardship, sections 29.60.010 and 29.60.100 authorize the Director of the Office of Neighborhood Involvement to adopt exceptions.  This waiver is one of the exceptions that have been adopted.  The waiver does not waive all charges associated with the abatement or removal of the disabled/inoperable vehicle.  It does waive the civil penalty, the overhead, and $1000.00 of the cost of removal.  If the remaining balance of any abatement costs and recording charges more than $1000, the case is to be reviewed by the Consolidated Case Review Committee (which includes the Commissioner’s Office).
 
PURPOSE:
The purpose of the Hardship/Income Waiver for Nuisance Abatement and cost of removal of disabled/inoperable vehicles is to assist property owners, such as senior citizens and disabled citizens that are physically and financially unable to do the work required to abate the nuisance or disabled/inoperable vehicle violations.  The waiver will cancel the civil penalty, the overhead and $1000.00 of the contractors’ cost of abatement.
 
APPLICATION:
A referral is received from a Housing or Code Specialist Inspector and a Nuisance Abatement Exception card is completed by the property owner.
 
FEE:
There is no application fee for a Hardship/Income Waiver for Nuisance Abatement or removal of a disabled/inoperable vehicle.
 
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 will cancel the civil penalty, the overhead, and $1000.00 of the contractors’ cost of abatement if the property owner completes the application and meets the requirements listed below for a Hardship/Income Waiver for Nuisance Abatement.  If the contractor’s costs exceed $1000 after this waiver, the case will be reviewed by the Consolidated Case Review Committee.
 
A. Requirements to Qualify for the Hardship/Income Waiver
Following are the requirements to qualify for the a Hardship/Income Waiver for Nuisance Abatement and/or removal of a disabled vehicle from the property:
1. Property owner is physically unable to do the work required to abate the nuisance case (as determined by the inspector);
2. There is no one living at the property that is physically able to do the work;
3. The property has not had other nuisance abatement exception in the last 12 months (from the authorization date);
4. The owner has low income and is unable to hire someone to complete the work.  Income does not exceed 80% of the adjusted household median income for the Portland area (as determined by the U.S. Department of Housing and Urban Development);
5. The property is a single family residence;
6. The property is owner occupied.
B.  General Information
1. The property in question is posted for nuisance violations of Title 29;
2. The inspector will determine if the property owner may qualify for the Hardship/Income Waiver for Nuisance Abatement;
3. The inspector will have the owner complete a “Nuisance Abatement Exception” card;
4. The Senior Housing Inspector or Code Specialist III, will evaluate the property and the information on the “Nuisance Abatement Exception” card and determine if the property owner qualifies for the waiver;
5. A letter will be mailed to the owner notifying them if the waiver is granted or denied;
6. If the waiver is granted, an estimate of the cost of abatement will be done.  The owner will be notified prior abatement, that they may be responsible for any contractors’ cost in excess of the $1000.00 waiver and overhead costs.
7. Any costs in excess of $1000.00 will be reviewed by the Consolidated Case Review Committee.
 


HISTORY
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.