8.36.070 Regulations for Transporting of Waste.
(Amended by Ord. No. 132188, 167943; and 169817, effective Mar. 22,
1996.)
A. Each vehicle used for the collection and transportation of
wastes from food processing or food wastes intended for use as animal feed or to
be further processed at a rendering plant shall be so constructed that the load
therein will not spill or leak therefrom. All such vehicles shall be kept
in a sanitary condition and shall be tightly covered in such a manner as to
prevent the emanation of noxious or offensive odors. Metal containers may
be used on such vehicles provided the same are at all times kept covered with
tight‑fitting covers to prevent leaking and/or spilling of the contents.
The body and containers on all such vehicles shall be thoroughly washed
and disinfected each day. No vehicle used for hauling food processing
wastes or food wastes for animal feed shall at any time be used for the
collection and transportation of solid wastes as defined by ORS.459.005 but not
including the following materials which the ORS definition includes:
1. Sewerage sludge, septic tank and cesspool pumpings or other
sludge;
2. Discarded or abandoned vehicles;
3. Recyclable materials or yard debris which is source
separated and set out for recycling purposes.
8.36.075 Enforcement and Appeal.
(Added by Ord. No. 167943, July 27, 1994).
A. The City Health Officer is authorized to administer and
enforce the provisions within Sections 8.36.030 through 8.36.070, and to
investigate any violations of these provisions.
B. In the event of a violation of any provisions within Sections
8.36.030 through 8.36.070, the City Health Officer may:
1. Order the violation abated as a public nuisance; or,
2. Assess civil penalties for each violation. It shall
be considered a separate violation for each and every day during any portion
of which any violation of these sections are committed, continued or permitted
to occur. In determining the amount of the civil penalties to assess,
the City Health Officer shall consider the extent the nature of the violation,
the benefits (economic or otherwise) accruing or likely to accrue as a result
of the violation; whether the violations were repeated and continuous, or
isolated the temporary; the magnitude and seriousness or the violation; the
costs of City Health Officer’s enforcement, investigating and abatement of the
violation; whether the facts underlying the violation have been considered in
a separate criminal proceeding; and such other factors as the City Health
Officer deems relevant; or
3. Take such other action as the Health Officer may deem
appropriate, in the exercise of the Health Officer’s
discretion.
C. Any person adversely affected by a decision of the City
Health Officer may file an appeal within 10 days the decision, to the Code
Hearings Officer of the City of Portland, as set forth is Chapter
22.10 of the Portland City Code. The notice of appeal shall be in writing,
stating the name and address of the appellant to which required notices may be
mailed. The notice shall identify the reasons why the Health Officer’s
decision was in error, and what the correct decision should be. The
appellant shall deliver a copy of the appeal to the Health Officer.
1. The filing of a notice of appeal shall stay the effective
date of the decision until the appeal if determined by the Code Hearings
Officer.
8.36.170 Construction of Vehicles to Convey Garbage, Refuse and Other Solid Waste.
(Amended by Ord. No. 132188; passed Feb. 11, effective April 1, 1971.)
A. No person shall use, suffer, or permit to be used any vehicle
to convey garbage unless such vehicle is tightly constructed and equipped with a
closely fitting cover, and unless such vehicle is tightly covered at all times,
except when the same is being loaded or unloaded. No person shall load or
drive or cause to be loaded or driven, on any thoroughfare, any such vehicle
containing garbage so as to suffer or permit any part of the contents of such
vehicle to fall, spill or leak therefrom.
B. No person shall load or drive, or cause to be loaded or
driven on any thoroughfare, any vehicle transporting rubbish, refuse or other
solid waste so as to suffer or permit any part of the contents of such vehicle
to fall, spill, sift or be blown from such vehicle.
