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City of Portland

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17.24.005 Jurisdiction and Management of Public Right-of-Way.

A.  The City has jurisdiction and exercises regulatory management over all public right-of-way within the City, as provided under City Charter, ordinances, and Oregon law.

B.  The City has jurisdiction and exercises regulatory management over public right-of-way whether the City has a fee, easement, or other legal interest in the right-of-way, and whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means.

C.  No person may occupy or encroach on a public right-of-way without the permission of the City, as provided under Portland City Code.

D.  The exercise of jurisdiction and regulatory management of a public right-of-way   by the City is not official acceptance of the right-of-way, and does not obligate the City to maintain or repair any part of the right of way.

E.  The City retains the right and privilege to immediately require any person to remove, move or otherwise adjust its facilities located within the public rights-of-way whenever, in the determination of the Director of the Bureau of Transportation, the public need requires it.  If the person ordered to remove, move, or adjust the facility does not do so as directed by the Director of the Bureau of Transportation the City may remove, move or otherwise adjust such facilities with its own forces or contract forces and the full cost of such removal, movement or adjustment shall be the responsibility of the person responsible for the facility.

F.  The Bureau of Transportation shall be the agency responsible for management of the public right-of-way.