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City of Portland



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5.30.060 Adjustment of Open Lien Amounts.

A.  The Auditor may evaluate individual delinquent open liens to develop recommendations on revising the payment amount of the lien and the payment terms.  The Auditor’s recommendation shall be based upon the factors set forth in Subsection 5.30.060 D.  Delinquent bonded liens may not be reviewed or adjusted.

B.  The Collections Committee shall be comprised of four members, consisting of a representative from two members of the City Council, one representative from the Bureau of Development Services and one representative from the Office of Management and Finance.  These four offices shall each designate their representative to the Committee. 

C.  The Committee shall meet from time to time, as necessary, to review and consider the Auditor’s recommendations.  The Collections Committee shall make a written determination accepting, revising or rejecting the Auditor’s recommendations on adjusting the delinquent open lien payment amount and terms.  The Collections Committee’s written determination shall be based upon the factors listed in Subsection 5.30.060 D.  The Auditor shall notify the property owner in writing of the Collections Committee’s determination.

D.  The factors to be considered when adjusting the payment amount and terms of delinquent open liens include, but are not limited to, the following:

1.  Whether the property owner has committed any prior City Code violation, or has other delinquent liens, regardless of whether any administrative, civil, or criminal proceeding occurred;

2.  The history of the property owner in taking all feasible steps or procedures necessary or appropriate to correct the violation or resolve any delinquencies;

3.  The property owner’s financial condition;

4.  The gravity and magnitude of the violation;

5.  Whether the violation was repeated or continuous;

6.  Whether the violation was due to unavoidable accident, other conditions or circumstances beyond the property owner’s reasonable control, negligence, or an intentional act of the property owner;

7.  The opportunity and degree of difficulty to correct the violation or resolve any delinquencies;

8.  The economic or financial benefit accrued or likely to accrue to the property owner as a result of the violation;

9.  The property owner’s cooperativeness and efforts to correct the violation for which the lien was assessed;

10.  The costs to the City of investigation, enforcement and correction or attempted correction of the violation;

11.  The total costs to the City for principal, penalty, billing, interest and collection charges; and

12.  Any other relevant factors.

E.  If the property owner accepts the Collections Committee’s determination on adjusting the delinquent open lien amount and payment terms, the owner shall enter into a written agreement prepared by the Auditor that contains the adjusted delinquent open lien amount and payment terms.

F.  If the property owner rejects the Collection Committee’s determination, the owner may appeal the determination on adjusting the delinquent open lien amount and payment terms to the Code Hearings Officer as provided for in Chapter 22.10.  However, if the owner has previously appealed the lien or the related code violations to the Code Hearings Officer, there shall be no right of appeal.