Chapter 18.18 Enforcement And Penalties

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Title 18

Chapter 18.18 Enforcement And Penalties

Table of Contents (Printable Version)

18.18.010 Authority for Enforcement.
18.18.020 Violations.
18.18.030 Civil Penalties and Fees.
18.18.040 Citations.
18.18.050 Review by the Director.
18.18.060 Institution of Legal Proceedings.

18.18.010 Authority for Enforcement.

(Amended by Ordinance Nos. 159276, 175772 and 176955, effective October 9, 2002.) This Title shall be enforced by the Bureau of Development Services and by the Bureau of Police. Duly authorized agents of either of these bureaus shall have citation authority for purposes of enforcing this Title.

18.18.020 Violations.

(Replaced by Ordinance No. 175772, effectiveAugust 1, 2001.)

A. The following constitute violations of this Title:

1. Any failure, refusal or neglect to comply with any provision of this Title;

2. Allowing or causing a condition that threatens to injure the public health or

safety, or threatens to damage public or private property; or

3. Any failure, refusal or neglect to correct or cease any noise that does not comply with the provisions of this Title, after being required to do so by the Director or any Police Officer.

B. Each specific incident and each day of non-compliance will be considered a separate violation of this Title.

18.18.030 Civil Penalties and Fees.

(Replaced by Ordinance No. 175772, effective August 1, 2001.) A violation of this Title may result in assessment of civil penalties or enforcement fees, as provided below:

A. Civil penalties.

1. For each separate violation, a civil penalty of up to $5,000 may be assessed.

2. In determining the amount of any civil penalty to be assessed, the Director will consider the following:

a. The nature and extent of the responsible party’s involvement in the violation;

b. The benefits, economic, financial or otherwise, accruing or likely to accrue as a result of the violation;

c. Whether the violation was isolated and temporary, or repeated and continuing;

d. The magnitude and seriousness of the violation;

e. The City’s cost of investigation and remedying the violation;

f. Any other applicable facts bearing on the nature and seriousness of the violation.

B. Administrative enforcement fees.

1. The Director may charge a penalty in the form of a monthly enforcement fee for any violation that meets the following conditions:

a. A citation, as described in Section 18.18.040, has been issued;

b. A response period of at least 30 days has passed since the citation or stop work order became final; and

c. The violation, as described in the initial citation of violation or any subsequent citation, has not been corrected, inspected and approved.

2. If the responsible party does not have all violations corrected, inspected and approved within six months from the date of the initial citation, then monthly enforcement fees will double.

3. Once the monthly enforcement fees begin, they will continue until all violations identified in the initial citation, or any subsequent citations, have been corrected, inspected and approved.

4. The responsible party must notify the Director when the responsible party believes that all violations listed in the initial citation or any subsequent citations, have been corrected. Upon confirmed receipt of such notice, the Director will promptly schedule an inspection of the violation and will notify the responsible party if any violations remain uncorrected.

5. When a violation meets the conditions for charging an enforcement fee as described in this Section, the Director will file a statement with the City Auditor that identifies the property, the amount of the monthly fee, and the date from which the charges are to begin. The Auditor will then:

a. Notify the responsible party of enforcement fees;

b. Record a property lien in the Docket of City Liens;

c. Bill the responsible party monthly for the full amount of the enforcement fee owing, plus additional charges to cover the administrative costs of the City Auditor; and

d. Maintain lien records until:

(1) The lien and all associated interest, penalties and costs are paid in full; and

(2) The Director certifies that all violations listed in the initial and any subsequent citations or stop work orders have been corrected, inspected and approved.

18.18.040 Citations.

(Added by Ordinance Nos. 175772 and 184101, effective October 8, 2010.)

A. If the Director has reasonable belief that a violation has occurred, the Director may issue a citation. The citation may be personally delivered to the responsible party, or may be served by Registered or Certified Mail to the responsible party. For purposes of this Subsection, service by registered or certified mail is complete and effective when a correctly addressed notice is deposited with the postal service after being either certified or registered by the postal service. The citation will include:

1. A reference to the particular section or sections of this Title that have been or are being violated;

2. A short and plain statement of the matters asserted or charged;

3. A statement of the amount of the applicable penalties; and

4. A reference to the process by which the responsible party may request review by the Director.

B. The responsible party cited as violating this Title must, within 15 days of receiving the citation, pay to the City the stated penalty or request review by the Director. If, after review by the Director, the Director upholds the civil penalty, payment of the penalty must be received by the City or postmarked no later than 15 days after the review determination becomes final.

18.18.050 Review by the Director.

(Added by Ordinance No. 175772, effectiveAugust 1, 2001.)

A. If a responsible party has received a written citation as described in this Chapter and the responsible party believes the citation has been issued in error, the responsible party may request that the citation be reviewed by the Director. The responsible party must submit a written request to the Director within 15 days of the date of the citation. The written request shall be submitted together with all evidence that supports the responsible party’s request. The Director’s determination will be served on the responsible party by regular mail.

B. A responsible party may appeal the Director’s written determination to the Code Hearings Officer in accordance with Chapter 22.10 of Portland City Code.

C. Nothing in this Chapter limits the authority of the Director to initiate a code enforcement proceeding under Title 22, Hearings Officer for any violations of this Title.

18.18.060 Institution of Legal Proceedings.

(Added by Ordinance No. 175772, effective August 1, 2001.) The City Attorney, acting in the name of the City, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Title as additional remedy.