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ENB-18.47 - Non-Profit Waiver

NON-PROFIT WAIVER
Administrative Rule Adopted by Office of Neighborhood Involvement
ARB-ENB-18.47

 
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.
 
PURPOSE:
The purpose of the Non-Profit Waiver is to allow approved non-profit agencies an opportunity to refurbish or rehabilitate properties for low income housing by suspending monthly Code Enforcement Fines for up to twelve (12) months.
 
APPLICATION:
A waiver application filled out by the property owner, or referral from a housing inspector.
 
FEE:
There is no application fee for a Non-Profit 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 completed waiver application is received a 12-month suspension of Code Enforcement Fines for any approved Community Development Corporation or non-profit agency that meet all of the requirements listed below.  ONI will maintain a list of qualified non-profit agencies.  The waiver is not granted automatically. It is necessary to apply and to meet 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 a Non-Profit Waiver
All of the following requirements must be met by the agency to qualify for the Non-Profit Waiver:
1. Have a mission statement that includes a goal of providing affordable housing for low income families and/or services to low income families or individuals: a copy of this mission statement and a non-profit tax ID number must be provided with the waiver application;
 
2. Application for the non-profit waiver must be in writing for each individual property;
 
3. Rental properties  can be occupied if all fire, life and safety violations are corrected and approved by the area housing inspector prior to approval of the waiver, or vacant with no significant fire, life, and safety violations on the exterior;
 
4. The property is clear of any other code violations administered by Neighborhood Inspections (Nuisance, Disabled Vehicles, Additional Housing violations, Re-occupancy prior to approval);
B. General Information
1. Upon approval of a non-profit waiver monthly code enforcement fines will be suspended for 12 months beginning with the first billing cycle after the property qualifies;
 
2. Non-Profit Waivers are not transferable;
 
3. This waiver is non-renewable and will not be extended.
 
4. If the property was purchased by a non-profit any liens that accrued prior to the non-profit’s ownership must be paid in full before the waiver will be approved, unless donated by MultnomahCounty to the non-profit. 
C. Waiver Cancellation Policy
Non-Profit Waivers will be cancelled immediately if any of the conditions listed below occur during the waiver period.
1. New/additional violations of any code administered by ONI are cited twice at the property outside of a 30 day period, after the date the waiver approval letter was mailed to the property owner; for example, the property is cited for a nuisance violation and the housing maintenance conditions worsen;
 
2. 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.
 
3. The property becomes occupied and fire, life and safety violations have not been corrected and approved by housing inspector;
 
4. Work is being done at the property without the required permits.
 
5. Property ownership 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 letter.
 

 
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.