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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 17 Public Improveme Chapter 17.38 Drainage and Water Quality
Chapter 17.38 Drainage and Water Quality

- Note

(Chapter replaced by Ordinance No. 173330, effective June 4, 1999.)


17.38.010 Authority.

(Amended by Ordinance No. 174745, effective August 25, 2000.) The Director of Environmental Services is responsible for administering the requirements of this Chapter. The Director has the authority and responsibility to adopt rules, procedures, and forms to implement the provisions of this chapter and to maintain a Stormwater Management Manual.


17.38.015 Intent.

(Amended by Ordinance Nos. 182144 and 185397, effective July 6, 2012.)  The intent of this Chapter is to provide for the effective management of stormwater, groundwater, and drainage, and to protect and improve water quality in the City of Portland.


17.38.020 Definitions.

(Replaced by Ordinance No. 185397, effective July 6, 2012.)  For the purpose of this Chapter, the following definitions shall apply:

 

A.  "Approved Drainage System" means a system approved by BES which adequately collects, conveys, treats or disposes of stormwater runoff or other site discharge.  Approved systems must meet all requirements and specifications laid out in this code, BES design manuals and documents, and any applicable plumbing code provisions relating to the piped portions of any system.

 

B.  "Capacity"  means tThe flow volume or rate that a specific facility (e.g., pipe, pond, vault, swale, ditch, or drywell) is designed to safely contain, receive, convey, reduce pollutants from or infiltrate to meet a specific performance standard. 

 

C.  "Combination Facilities"  means stormwater management systems that are designed to meet two or more of the objectives detailed in the Stormwater Management Manual

 

D.  “Conveyance” means the transport of stormwater, wastewater or other discharge from one point to another point.

 

E.  "Director" means the Director of the Bureau of Environmental Services, or the Director’s designee.

 

F.  “Discharge” means any disposal, injection, dumping, spilling, pumping, emitting, emptying, leaching, leaking or placing of any material so that such material enters or is likely to enter a waterbody, groundwater, or a public sewer and drainage system.

 

G.  “Discharge Point” means the connection point to a public sewer or drainage system or destination for a discharge leaving a site.

 

H.  “Discharge Rate” means the rate of flow expressed in cubic feet per second (cfs).

 

I.  "Drainageway" means an open linear depression, whether constructed or natural, which functions for the collection and drainage of surface water.  It may be permanently or temporarily inundated.

 

J.  “Green Street” means a vegetated stormwater management facility located within the planting strip or other portion of public or private rights-of-way.

 

K.  “Groundwater” means subsurface water that occurs in soils and geological formations that are fully saturated.  Groundwater fluctuates seasonally and includes perched groundwater.  Groundwater related discharges include, but are not limited to, subsurface water from site remediation and investigations, well development, Brownfield development, discharges from footing and foundation drains, rainwater infiltration into excavations and subsurface water associated with construction or property management dewatering activities.

 

L.  "Impervious Surface" means any surface that has a runoff coefficient greater than 0.8 (as defined in the City’s Sewer and Drainage Facilities Design Manual).  Types of impervious surfaces include rooftops, traditional asphalt and concrete parking lots, driveways, roads, sidewalks and pedestrian plazas. Slatted decks and gravel surfaces are considered pervious unless they cover impervious surfaces or gravels are compacted to a degree that causes their runoff coefficient to exceed 0.8.

 

M.  “Infiltration” means the percolation of water into the ground.  Infiltration is often expressed as a rate (inches per hour) which is determined through an infiltration test.

 

N.  "Pollutants of Concern" means parameters identified by DEQ or BES as having the potential to have a negative impact on the receiving system, including surface waters, ground water, the wastewater collection system and/or the wastewater treatment plant.  Pollutants of concern can include suspended solids, heavy metals, nutrients, bacteria and viruses, organics, volatiles, semi-volatiles, floatable debris and increased temperature.

 

O.  "Practicable" means available and capable of being done as determined by the Director, after taking into consideration cost, resources, existing technology, and logistics in light of overall project purpose.

 

P.  “Public Right-of-Way” means the area within the confines of a dedicated public street, an easement owned by the City, or other area dedicated for public use for streets or public utilities. 

 

Q.  "Redevelopment" means any development that requires demolition or complete removal of existing structures or impervious surfaces at a site and replacement with new impervious surfaces. Maintenance activities such as top-layer grinding,  re-paving (where the entire pavement is not removed) and re-roofing are not considered redevelopment.  Interior remodeling projects and tenant improvements are also not considered to be redevelopment.  Utility trenches in streets are not considered to be redevelopment unless more than 50 percent of the street width is removed and re-paved.

 

R.  "Site Map"  means a map showing the stormwater management facility location in relation to buildings, structures or permanent survey monuments on the site. A site map shall depict location of sources of runoff entering the stormwater management facility and the discharge point and type of receiving system for discharge leaving the facility.

 

S.  “Stormwater” means water that originates as precipitation on a particular site, basin, or watershed. Also referred to as runoff.

 

T.  “Stormwater Management" means the overall culmination of techniques used to reduce pollutants from, detain, retain, or provide a discharge point for stormwater to best preserve or mimic the natural hydrologic cycle, to accomplish goals of reducing combined sewer overflows or basement sewer backups, or to fit within the capacity of the existing infrastructure.

 

U.  "Stormwater Management Facility” means a facility or other technique used to reduce volume, flow rate or pollutants from stormwater runoff. Stormwater facilities may reuse, collect, convey, detain, retain, or provide a discharge point for stormwater runoff.

 

V.  “Temporary Structure” means a structure that is  separate and distinct from all other structures and is created and removed in its entirety within three years, including all impervious area associated with the structure.

 

W.  "Tract" means a parcel of land designated as part of a land division per Title 33  that is not a lot, lot of record, or a public right-of-way .

 

X.  "Wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and similar areas except those constructed as pollution reduction or flow control facilities. 

 


17.38.025 Rule Making

(Repealed by Ordinance No. 185397, effective July 6, 2012.)


17.38.030 Protection of Drainageway Areas.

(Added by Ordinance No. 176561; amended by Ordinance Nos. 176783, 182144 and 185397, effective July 6, 2012.)

 

A.    Authority.  The Director may require drainage reserves or tracts over seeps, springs and drainageways as necessary to preserve the functioning of these areas and to limit flooding impacts from natural and man made channels, ditches, seeps, spring, intermittent flow channels and other open linear depressions.  Standards and criteria for imposing drainage reserves or tract requirements shall be adopted by administrative rule. Placement and/or sizing of drainage reserves does not relieve property owners of their responsibility to manage stormwater in a manner that complies with the duties of property owners under applicable law.  Drainage reserve or tract requirements may be imposed during land use reviews, building permit review or other development process that require Bureau of Environmental Services (BES) review.

 

B.    Required Management of the Drainage Reserve. Storm drainage reserves or tracts shall remain in natural topographic condition.  No private structures, culverts, excavations, or fills shall be constructed within drainage reserves or tracts unless authorized by the BES Chief Engineer by administrative rules found in the Stormwater Management Manual.  All changes must also comply with other zoning regulations as described in Title 33.  Encroachment agreements can be made between the property owner and the City.

 

C.   Implementation.  BES has authority to identify and implement protections for drainageways during multiple development review processes, including land use reviews and building permit reviews.  The early identification efforts will consider the ability of developers to design around drainage reserve areas.


17.38.035 Drainage Management Policies and Standards.

(Amended by Ordinance Nos. 174745, 176561, 176783, 176955, 180037, 182144 and 185397, effective July 6, 2012.)

 

A.  Stormwater shall be managed in as close proximity to the development site as is practicable, and stormwater management shall avoid a net negative impact on nearby streams, wetlands, groundwater, and other water bodies.  All local, state, and federal permit requirements related to implementation of stormwater management facilities must be met by the owner/operator prior to facility use. Surface water discharges from onsite facilities shall be discharged to an approved drainage facility.

 

1.  The City may initiate individual agreements with property owners to manage stormwater flows through alternative methods to onsite controls:

 

a.  In joint facilities where public and private property flows co-mingle. 

 

b.  In offsite areas that are “traded” for required onsite management areas related to new and redevelopment.  The City may require more than a 1:1 exchange on the amount of required management area.

 

2.  All discharges must be routed to a discharge point approved by the Director. Approval of discharge points must meet the following standards:

 

a.  The discharge must be conveyed along a route of service approved by the Director.

 

b.  The discharge point must comply with the following standards and specifications:

 

(1)  Sanitary, wastewater or other discharges to the sanitary or combined system must comply with the Sewer and Drainage Facilities Design Manual.

 

(2)  Stormwater or other discharges to the City’s storm and drainage system must comply with the Stormwater Management Manual.

 

B.  The quality of stormwater leaving the site after development shall be equal to or better than the quality of stormwater leaving the site before development, as much as is practicable, based on the following criteria: 

 

1.  Stormwater management facilities required for development shall be designed, installed and maintained in accordance with the Stormwater Management Manual, which is based on achieving at least 70% removal of the Total Suspended Solids (TSS) from the flow entering the facility for the design storm specified in the Stormwater Management Manual.

 

2.  Land use activities  of particular concern as pollution sources shall be required to implement additional pollution controls including but not limited to, those management practices specified in the Stormwater Management Manual.

 

3.  Development in a watershed that drains to streams with established Total Maximum Daily Load limitations, as provided under the Federal Clean Water Act, Oregon Law, Administrative Rules and other legal mechanisms shall assure that stormwater management facilities meet the requirements for pollutants of concern, as stated in the Stormwater Management Manual.

 

4.  Stormwater discharge which is not practicable to fully treat to the standards of this Section and the Stormwater Management Manual, shall be either:

 

a.  Managed in an offsite facility or

 

b.  Given the option of paying a stormwater offsite management fee. The Bureau will employ a methodology for calculating the fee that is based upon an average unit cost of onsite facilities where such facilities would be effective and establish the calculation method and fee by rule. The stormwater offsite management fee collected shall be placed in a mitigation account to be used to mitigate the impacts that arise from offsite discharge of stormwater runoff.

 

5.  Not withstanding Subsection 17.38.035 B.4., for any parcel created after the effective date of this Chapter, the development shall fully treat all stormwater:

 

a.  Onsite, or

 

b.  Within the original parcel from which the new parcel was created, or

 

c.  In a privately developed offsite facility with sufficient capacity, as determined by the Bureau.

 

6.  The Director is authorized to exempt land uses, discharge locations or other areas of the city from the requirements of this Subsection if onsite pollution reduction or pollution control is not needed or desirable due to limited pollutant loads or offsite methods of pollution control are available.  All exemptions are specified in the Stormwater Management Manual.

 

C.  The quantity and flow rate of stormwater leaving the site after development shall be equal to or less than the quantity and flow rate of stormwater leaving the site before development, as much as is practicable, based on the following criteria:

 

1.  Development shall mitigate all project impervious surfaces through retention and on-site infiltration to the maximum extent practicable.  Where on-site retention is not possible, development shall detain stormwater through a combination of provisions that prevent an increased rate of flow leaving a site during a range of storm frequencies as specified in the Stormwater Management Manual.

 

2.  The Director is authorized to exempt areas of the city from the quantity control requirements if flow control is not needed or desirable because there is sufficient capacity and limited impacts to the receiving drainage system.  All exemptions shall be specified in the Stormwater Management Manual.

 

3.  Any development that discharges to a tributary of the Willamette River, other than the Columbia Slough, shall design stormwater management facilities such that the rate of flow discharging from such facilities for up to a two-year design storm event does not lengthen the period of time the tributary channel receiving the discharge sustains erosion causing flows, as determined by the Bureau.

 

4.  Site drainage facilities shall be designed to safely convey the less frequent, higher flows through or around stormwater management facilities and to an approved drainage system with adequate capacity without damage to the receiving drainage system, whether natural or manmade.

 

5.  Stormwater discharge which cannot be practicably managed for quantity or flow rate control as defined in this Subsection and the Stormwater Management Manual shall either be:

 

a.  Managed in an offsite facility designed for the pollutant load, volume and rate of flows from subject property and managed by the site developer/site owner or another legal agent, or

 

b.  Managed in an offsite stormwater management facility operated by the City subject to paying a stormwater offsite management fee. The Bureau will employ a methodology for calculating the fee that is based upon an average unit cost of onsite facilities where such facilities would be effective and establish the calculation method and fee by rule. The stormwater offsite management fee collected will be placed in a mitigation account to be used to mitigate the impacts that arise from offsite discharge of stormwater runoff.

 

6.  Not withstanding Subsection 17.38.035 C.5., for any parcel created after the effective date of this Chapter,  stormwater shall be fully managed:

 

a.  Onsite, or

 

b.  Within the original parcel from which the new parcel was created, or

 

c.  In a privately developed offsite facility with sufficient capacity, as determined by the Bureau.

 

D.     The Director is authorized to establish requirements for the pumping and discharge of groundwater as a waste (discharge to waste).  The Stormwater Management Manual regulations govern both quality and quantity impacts of pumping and discharging groundwater to City receiving systems.  The regulations may exempt, establish discharges as deminimus, or provide for and limit the permanent or temporary discharge of groundwater.   Temporary groundwater discharges may be authorized through the batch discharge processes described in Title 17.34 and 17.39.  In establishing rules to regulate the pumping and discharge of groundwater as a waste, the Director shall, at a minimum, incorporate and implement the following standards.

 

1.  Authorizations for discharge.  Unless the Director’s rules establish exceptions or determines discharges are deminimus, any pumping and discharge to waste of groundwater may proceed only after a groundwater specific discharge authorization by the Director.  This authorization shall establish volume, flow rate and pollutant load limits for the discharge. 

 

2.  Limiting flow volume and flow rate.  Pumping and discharge of groundwater as a waste will only be allowed where the proposed discharger has first reduced the rate and volume of groundwater requiring discharge to a City system to the greatest extent practical. Examples include:

 

a.  Limiting the pumping and discharge of groundwater to rates not exceeding those rates that would be required for a building designed and engineered to minimize ground water intrusion and necessary ground water pumping; and

 

b.  Requiring management techniques implemented by the property developer and operator to assure continued effective use of structures in the presence of groundwater infiltration; and

 

c.  When there is sufficient capacity in the City receiving system.  Capacity shall be defined by rule and will consider providing capacity for other and future anticipated and primary uses of the systems.

 

3.  Onsite management a priority.  Pumped ground water shall be managed first by onsite methods, such as infiltration, to the greatest extent practical. Thereafter private conveyance facilities shall discharge through infiltration offsite or to surface water bodies.  Offsite discharge to City systems shall be approved only after onsite alternatives are evaluated.

 

4.  Prohibited discharges.  Offsite discharges meeting the following criteria are prohibited:

 

a.  Discharge to City-owned underground injection controls (UICs).

 

b.  Discharges meeting the tests for prohibited discharges in Chapters 17.34 and 17.39.  Notwithstanding this limitation, the City may allow discharge of contaminated ground water that has been treated to meet standards set by the Director to insure that any groundwater discharges do not cause or threaten to cause a public nuisance, groundwater or surface water pollution, cause or threaten to cause the City to violate its own discharge permits granted by the Department of Environmental Quality.

 

(1)  The Director may establish rules to limit or prevent the pumping and discharge of contaminated groundwater and may require one-time or on-going testing or monitoring of water quality by the applicant for discharge authorization approval.

 

E.    All conveyance systems shall be analyzed, designed and constructed for existing tributary offsite runoff and developed onsite runoff from the proposed project in compliance with the City's Sewer and Drainage Facilities Design Manual.  The general goal of these standards is to convey both onsite and offsite waters in a way that meets the capacity needs of the City conveyance system, is protective of public health and safety, and that minimizes environmental impacts in the downstream receiving system.  The Director reserves the right to determine the appropriateness of combination facilities in meeting these standards.

 

F.    All discharge systems shall comply with the standards set forth in the Stormwater Management Manual.  Public systems shall be reviewed and approved by BES in compliance with the sizing and location standards in the Stormwater Management Manual.  Private onsite systems shall comply with the stormwater hierarchy and other guidance specified in the Stormwater Management Manual, and shall be reviewed by Bureau of Development Services for compliance with the plumbing code regulations in Section 25.01.020.


17.38.040 Stormwater Mangement Facilities Required.

(Amended by Ordinance Nos. 174745, 176783, 180037, 182144, 183397 and 185397, effective July 6, 2012.)  No plat, site plan, building permit or public works project shall be approved unless the conditions of the plat, permit or plan approval requires installation of permanent stormwater management facilities designed according to standards or guidelines established by the Director and as specified in the Stormwater Management Manual.

 

A.    Applicability.  All development and redevelopment sites with the following triggers must comply with the standards of the Stormwater Management Manual:

 

1.  Creation of any new impervious area.  Sites with 500 square feet or more of impervious area must be managed for pollution reduction, quantity or flow control requirements as spelled out in this Section; or

 

2.  Modification to or construction of new areas with pollution generating activities of concern as identified in the Stormwater Management Manual.  These areas must be constructed with applicable onsite controls; or

 

3.  New connections or new drainage areas routed into the City’s sewer or drainage system under a City permit.  These connections most often are generated from decommissioning of private, onsite drainage or groundwater related systems.

 

4.  Temporary structures are exempt from pollution reduction and flow control requirements, except for specific instances called out in the Stormwater Management Manual.

 

B.  Exemptions. The requirements of this Chapter for stormwater management do not apply to:

 

1.  Development for which an application for development approval is accepted by the permitting agency prior July 1, 1999 shall be subject to the requirements in place at the time of application.

 

2.  Public or private development that does not result in impervious surface coverage or results in coverage that is de minimus in relation to discharge, such as fences, environmental enhancement projects, buried pipelines or cables, and utility lines.

 

3.  Impervious surface created by a stormwater management facility such as but not limited to headwalls, manhole or vault covers.  Paved or compacted gravel facility access and maintenance roads that extend beyond the facility itself, are not exempted from the management requirements of this Title.

 

C.  Appeals.  Any applicant for a permit or authorization aggrieved by a decision, interpretation, or determination made pursuant to this Chapter or rules adopted thereunder, including the Storwater Management Manual, may appeal such action in accordance with appeals processes specified in the Stormwater Management Manual.

 

1.  Provision for reasonable interpretation of the Stormwater Management Manual.  The Director shall establish an internal BES Administrative Review Committee and a BES Appeals Board.  The Chief Engineer of the Bureau of Environmental Services shall appoint outside members  to the BES Appeals Board.

 

2.  Applicants shall file appeals in accordance with the appeals process procedures specified in the Stormwater Management Manual.

 

D.  Maintenance of  Stormwater and Groundwater Management Facilities.

 

1.  All applicants for new development, redevelopment, plats, site plans, building permits or public works projects, as a condition of approval, shall be required to submit an operation and maintenance plan and the required plan cover sheet for the required stormwater management facilities for review and approval by the Director, unless otherwise exempted in the Stormwater Management Manual. A stormwater management facility that receives stormwater runoff from a public right-of-way shall be a public facility, and maintained by the City, unless the right-of-way is not part of the City road maintenance system.

 

a.  The information required in an operation and maintenance plan shall satisfy the requirements in the Stormwater Management Manual.  Applicants are required to submit the O & M recording form with the plan and are encouraged to use the O & M Plan template provided in the Stormwater Management Manual. The Plan shall include and not be limited to:

 

(1)  Design plans of the specific facility and related parts, including design assumptions; and

 

(2)  A schedule for routine inspection, including post storm related inspections; and

 

(3)  A description of the various facility components, the observable trigger for maintenance, and the method of maintenance, including appropriate method of disposal of materials; and

 

(4)  The intended method of providing financing to cover future operations and maintenance; and

 

(5)  The party or parties responsible for maintenance of the facility including means of effecting contact, including contact means for emergency situations. The party may be an individual or an organization.

 

b.  A maintenance log is required.  The log shall provide a record of all site maintenance related activities.  The log shall include the time and dates of facility inspections and specific maintenance activities.  This log shall be available to City inspection staff upon request.

 

2.  Failure to properly operate or maintain the water quality or quantity control facility according to the operation and maintenance plan may result in an enforcement action, including a civil penalty, as specified in Section 17.38.045, Enforcement.

 

a.  Property owners adjacent to green street shall not be responsible for routine maintenance of the stormwater management facilities. Property owners shall notify BES prior to making a utility connection across the facility.  Owners are encouraged to contact the Director if they feel a City crew facility maintenance visit is warranted.  Property owners are encouraged to perform the following tasks with BES approval:

 

(1)  Trash and debris removal (not including sediment)

 

(2)  Weed removal

 

(3)  Leaf pick up and removal

 

(4)  Removal of dead plantings

 

(5)  Watering of vegetation

 

(6)  Clearing inlets and outlets to allow stormwater to freely enter and exit the facility

 

b.  Adjacent owners wishing to modify facility plantings or encroach on facility structures must obtain authorization from the Director before commencing work.

 

(1)  Plant scheme modifications.  Alternative plant lists and/or planting plans will be required to modify facility plant schemes.  Written approval of plant modification plans must be obtained from the manager of the BES Revegetation program before green street facility plantings may be modified. 

 

(2)  Structural modifications.  Encroachments into public easements or public facility areas must obtain a permitted as required in Chapter 17.32 and the associated public works permit administrative rules.

 

3.  A copy of the operation and maintenance plan shall be filed with the Bureau of Environmental Services.  Staff may require a site map to be recorded and filed with the appropriate county Department of Assessment and Taxation.

 

E.  The Director may file instruments in county deed records to inform future property owners of regulations and conditions of approval related to the property as provided in this Chapter and associated rules, including the Stormwater Management Manual.


17.38.041 Parking Lot Stormwater Requirements.
 
(Added by Ordinance No. 174745; amended by Ordinance No. 180037, effective April 28, 2006.)  Stormwater runoff from parking lots must be managed in parking lot interior or perimeter landscaping to the extent required by the Stormwater Management Manual.  The Director is authorized to exempt activities, land uses, or identified sites from these requirements if use of parking landscape areas is not needed or desirable because of non-conforming or existing landscape areas.  All exemptions are described in the Stormwater Management Manual.

17.38.043 Inspections.

(Replaced by Ordinance No. 186192, effective September 6, 2013.) 

 

A. Right of Entry. To the extent permitted by law, BES may enter all private and public premises at any time for the purpose of inspecting for potential violations, connections or for any other lawful purpose required by or authorized under this Code or ordinances of the City, the Charter, or state or federal law. This authorization includes but is not limited to inspection, sampling, testing, photographic documentation, record examination, copying, and installation of devices. Entry may not be conditioned upon BES representatives signing any type of confirmation, release, consent, acknowledgement, or other type of agreement. 

 

B. Entry Protocols.

 

1. The BES representative will present a City photo identification card at the time of entry.

 

2. The BES representative will comply with reasonable, routine safety and sanitary requirements of the facility or site as provided by the facility operator at the time of entry. The facility operator must provide the BES representative with any facility-specific safety protective equipment necessary for entry.


17.38.045 Enforcement.

(Replaced by Ordinance No. 186192, effective September 6, 2013.)

 

A. Violations. It is a violation for any persons to fail to comply with the requirements of this Chapter and associated rules. Each day a violation occurs or continues may be considered a separate violation. BES will hold the person or persons solely responsible for complying with BES enforcement actions. Violations of this Chapter or associated rules include, but are not limited to:

 

1. Failure to construct stormwater management facilities to the standards of the City’s Stormwater Management Manual and Section 17.38.035;

 

2. Failure to comply with a written order of the Director, made under authority of this Chapter, that is not met within the specified time;

 

3. Failure to comply with any condition of an operations and maintenance plan or agreement issued under the authority of this Chapter or rules that is not met within a specified time;

 

4. Failure to maintain a stormwater management facility leading to a potential or actual operating deficiency of the facility;

 

5. Failure to have a properly recorded, or accurate O & M plan on file with BES; and

 

6. Failure to comply with enforcement actions as identified in the BES Enforcement Program administrative rules (PPD item ENB-4.15).

 

B. Enforcement Tools. BES may use any or all of the following tools to enforce this Chapter or associated administrative rules: notice of investigation, warning notice, notice of violation, compliance order, requirement to obtain a permit, notice of termination, withholding of permits, violation abatement, legal action, criminal case referral, or referral to other regulatory agencies. BES enforcement actions are described in program-specific administrative rules and the BES Enforcement Program administrative rules (PPD item ENB-4.15).  

 

C. Civil Penalties. Persons violating this Chapter or associated rules may be assessed civil penalties of up to $10,000 per day per violation according to program-specific administrative rules and the BES Enforcement Program administrative rules (PPD item ENB-4.15). Penalties and other charges will accrue interest from the date of initial City notice assessing the penalty until the penalty is paid in full.

 

D. City Summary Abatement. To the extent permitted by law, the Director may recover from the person causing the violation all costs incurred by the City to summarily abate the following:

 

1. A violation that is not remedied through required corrective actions;

 

2. A situation that poses an imminent danger to human health, public safety, or the environment; or

 

3. Continued noncompliance with PCC or associated rules.

 

E. Cost Recovery.  The Director may recover all reasonable costs incurred by the City that are attributable to or associated with the violations of this Chapter or associated rules.

 

F. Nothing in this Chapter is intended to impose liability on the City for any injury or damage resulting from the failure of any person to comply with the provisions of this Chapter.


17.38.050 Erosion Control Required.

(Amended by Ordinance No. 173979, effective March 1, 2000.) All public works projects constructed within the City of Portland must comply with Title 10, Erosion and Sediment Control Regulations.


17.38.055 River Restoration Program.

(Replaced by Ordinance No. 185397, effective July 6, 2012.) BES and the Office of Healthy Working Rivers are authorized to develop administrative rules for implementation of a River Restoration Program including, but not limited to, a mitigation bank and in-lieu fee program for implementation of the Title 33 River Plan/North Reach Code provisions. BES and the Office of Healthy Working Rivers may also accept funds from in-lieu fees, mitigation bank credits, donations, program administrative fees, and other sources and may expend such funds for environmental restoration, enhancement and improvement activities.


17.38.060 Compliance Cases and Appeals.

(Added by Ordinance No. 186192, effective September 6, 2013.)

 

A. Reviews and Appeals. A person may request a modification to a BES decision related to this Chapter via an administrative review with BES staff. After the requestor has exhausted all BES program and enforcement program reviews, the requestor may file for an appeal with the Code Hearings Officer per PCC Title 22.

 

1. Reviews and appeals of the following may be requested:

 

a. The determination of a violation of this Chapter or associated rules.

 

b. The type and level of enforcement action taken by BES.

 

c. The type and amount of penalty imposed by BES.

 

d. Compliance due dates.

 

e. A requirement to obtain a permit.

 

f. A denial of a permit.

 

g. Required remediation actions.

 

2. Reviews and appeals may not be requested for:

 

a. The amount of cost recovery assessment against the person by BES.

 

b. A requirement to meet a technical standard.

 

c. Other issues identified in individual program-specific administrative rules.

 

3. Appeals to the City Code Hearings Officer. Appellants must pay a filing fee and a deposit in the amount of the Code Hearing fee as part of their appeal request. If the Code Hearings Officer finds in favor or in partial favor of the appellant, BES will void and return the check to the appellant via certified mail.

 

B. BES Code Compliance Cases. BES may file a case before the Code Hearings Officer under PCC Title 22 to compel compliance with City regulations. The person committing the violation will be offered the opportunity to present evidence.


17.38.060 Fill Mitigation In-lieu of Balanced Cut and Fill – the Johnson Creek Fill Mitigation Bank.

(Repealed by Ordinance No. 182144, effective September 26, 2008.)


17.38.070 Conflict.

(Added by Ordinance No. 186192, effective September 6, 2013.)  This Chapter supersedes all ordinances or elements thereof to the extent that they are inconsistent with or conflict with any part of this Chapter.


17.38.080 Severability.

(Added by Ordinance No. 186192, effective September 6, 2013.)  If any provision, paragraph, word, or Section of this Chapter or associated administrative rules is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections shall not be affected and shall continue in full force and effect.


Figure 9 (Section 17.38.060)

(Repealed by Ordinance No. 182144, effective September 26, 2008.)


Figure 10 (Section 17.38.060)

(Repealed by Ordinance No. 182144, effective September 26, 2008.)


Title 17 Public Improveme
Chapter 17.04 Definitions
Chapter 17.06 Administration of Public Works Permitting
Chapter 17.08 Local Improvement Procedure
Chapter 17.12 Assessments
Chapter 17.13 Parks and Recreation System Development Charge
Chapter 17.14 Financing Systems Development Charges
Chapter 17.15 Transportation System Development Charge
Chapter 17.16 General Provisions
Chapter 17.18 General Obligation Improvement Warrants
Chapter 17.19 Northwest Transportation Fund
Chapter 17.20 (Repealed)
Chapter 17.23 Special Traffic Control District
Chapter 17.24 Permits
Chapter 17.25 Sidewalk Cafes
Chapter 17.26 Sidewalk Vendors
Chapter 17.27 Structural Driveways
Chapter 17.28 Sidewalks, Curbs and Driveways
Chapter 17.30 (Repealed)
Chapter 17.32 Public Sewer and Drainage System Permits, Connections and Maintenance
Chapter 17.33 Required Public Sewer Connection
Chapter 17.34 Sanitary Discharges
Chapter 17.35 Septage Discharge
Chapter 17.36 Sewer User Charges
Chapter 17.37 Downspout Disconnection
Chapter 17.38 Drainage and Water Quality
Chapter 17.39 Storm System Discharges
Chapter 17.40 Protection of Public Right-of-Way
Chapter 17.41 Landslide Abatement
Chapter 17.42 Property Owner Responsibility for Streets
Chapter 17.44 Street Obstructions
Chapter 17.45 Advertising on Bus Benches
Chapter 17.46 Newsracks
Chapter 17.48 Moving Buildings
Chapter 17.52 Trees
Chapter 17.56 Public Utilitites
Chapter 17.60 Underground Wiring Districts
Chapter 17.64 Protection of City Owned Telecommunications Line and Equipment, Street Lighing and Traffic Signal Systems
Chapter 17.68 Street Lights
Chapter 17.72 (Repealed)
Chapter 17.76 Fuel Tanks
Chapter 17.80 Plats and Dedications
Chapter 17.82 Land Divisions
Chapter 17.84 Street Vacations
Chapter 17.88 Street Access
Chapter 17.92 Street Designation
Chapter 17.93 Renaming City Streets
Chapter 17.96 Surveys, Elevations and Monuments
Chapter 17.100 Remedies and Penalties
Chapter 17.102 Solid Waste & Recycling Collection
Chapter 17.103 Single-Use Plastic Checkout Bags