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City of Portland

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11.70.040 Enforcement Authority.

The City Forester and BDS Director are hereby authorized to enforce this Title utilizing Title 3 adopted remedies and any of the remedies prescribed in this Title. Enforcement responsibilities are summarized in Table 70-1. When violations occur that involve trees in overlay zones and plan district areas, the City Forester and BDS Director will consult and coordinate their enforcement action to the degree possible in order to avoid the issuance of multiple or conflicting orders. When violations of the tree maintenance specifications of Section 11.60.060 affect public infrastructure or jeopardize the travelling public, the Responsible Engineer is authorized to invoke summary abatement to correct the violation. In cases where multiple violations of City code exist on a property, the City Forester, BDS Director, and Responsible Engineer are authorized, but not required, to delegate enforcement authority of this Title to another Bureau to facilitate a coordinated remedy and single agency responsible for obtaining compliance.

 

Table 70-1 

Summary of Enforcement Authority

 

Heritage   Trees

City/Street   Trees

Private   Trees

Overlay Zones and
  Plan Districts

City/Street   Trees

Private   Trees

Development permit[1,2,3]

(Ch.  11.50)

BDS/CF

BDS/CF

BDS

BDS/CF

BDS

Tree Permit, no development[4]

(Ch.  11.40)

CF

CF

CF

CF/BDS

CF/BDS

Maintenance violations[4]

(Ch.  11.70)

CF

CF

CF/BDS

CF/BDS

CF/BDS

CF = City   Forester   BDS = BDS Director

Note  [1] For sites in County Urban Pocket Areas, enforcement applies only to on-site trees, and is done by BDS.

    [2] Trees specifically required to be preserved by condition of land use approval that have been removed or damaged will be enforced by the BDS Director through Title 33 Planning and Zoning.

    [3] The BDS Director is the lead enforcement authority for violations of development permits issued by BDS. The BDS Director may consult with the City Forester when Heritage, City, or Street Trees are involved. The City Forester is the lead enforcement authority for violations during development not covered under a BDS permit.

    [4] The City Forester is the lead enforcement authority when no development is occurring. The City Forester may consult with the BDS Director when the provisions of Titles 29 or  33 are also violated.