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City of Portland

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17.40.040 Damages to Public Right-of-way.

(Added by Ordinance No. 184957, effective November 25, 2011.)

A.  If in the Director of the Bureau of Transportation’s opinion the public right-of way has been negligently or intentionally damaged, the Director of the Bureau of Transportation may act to identify the person responsible for such damage. The Director of the Bureau of Transportation may then issue a notice requiring the responsible person to repair and restore the public right of way to the Director of the Bureau of Transportation’s satisfaction.

B.  Once the responsible person has been notified to repair the public right-of-way to the Director of the Bureau of Transportation’s satisfaction, the responsible person shall undertake to make and complete the repairs within 20 days.

C.  If the responsible person fails, neglects or refuses to make repairs within the specified time, the Director of the Bureau of Transportation may;

1.  Institute an action before the Code Hearings Officer as set out in Title 22 of this Code, or

2.  Cause appropriate action to be instituted in a court of competent jurisdiction, or

3.  Taking such other actions as the Director of the Bureau of Transportation in the exercise of his or her discretion deems appropriate including, but not limited to, summary abatement.