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ENB-18.46 - New Owner Grace Period Waiver

Administrative Rule Adopted by Office of Neighborhood Involvement
ARB-ENB-18.46

 
Category: Neighborhood Inspections
 
Effective Date: April 27, 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.
 
POLICY:
Once the Auditor’s Office refers the property to Neighborhood Inspections and the property owner meets all the requirements listed below, ONI will grant a 30-day suspension of Code Enforcement Fines. The fines resume if corrections are not completed and approved by the inspector by the end of the 30-day suspension.  Fines start at the regular rate and will double on the 6th month. 
 
APPLICATION:
A waiver application filled out by the property owner, referral from the Auditor’s office, or referral from a housing inspector.
 
FEE:
There is no application fee for a New Owner Grace Period 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, 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.
 
POLICY:
The Office of Neighborhood Involvement (ONI) will grant from the date the new owner information is received from the auditor or the housing inspector a one-month suspension of Code Enforcement Fines for any new owner of a property that meet all of the requirements listed below.
 
A. Requirements to Qualify for a New Owner Grace Period waiver
The following requirements must be met to qualify for a New Owner Grace Period waiver:
1. The new owner must have acquired the property with existing violations of Title 29;
 
2. Lien is paid current within 30 days of recorded sale;
 
3. The case maybe referred to Neighborhood Inspections from the Auditor’s Office once the existing liens have been satisfied or paid current.
NOTE: referrals may be received from other sources, but a copy of the recorded warranty deed must be provided and the lien satisfied or paid current within 30 days of the sale for a grace period to be granted.
B. General Information
1. New owners who qualify will receive a 30 day grace period from Code Enforcement Fines;
 
2. None of the current owner(s) had a prior ownership interest in the property;
 
3. Monthly Code Enforcement Fines will be suspended for one-month beginning with the first billing cycle after the date the property qualifies.
 
4. At the end of the Grace Period monthly enforcement fines will start at the regular rate.
 
5. Properties qualifying for the Non-profit waiver will not receive the New Owner Grace Period in addition.
 



 
HISTORY
Effective April 27, 2004
Filed for inclusion in PPD September 30, 2004.
Revised and filed in PPD November 16, 2004.
Revised June 6, 2006 and filed in PPD June 16, 2006.