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City of Portland

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3.30.080 Stop Work Orders.

(Amended by Ordinance Nos. 176955, 186564 and 187432, effective December 4, 2015.)

A.  When it is necessary to obtain compliance with this Title,  or any violations of provisions administered by the Bureau of Development Services, the Director may issue a stop work order requiring that all work, except  work directly related to elimination of the violation, be immediately and completely stopped.  If the Director issues a stop work order, activity subject to the order may not resume until such time as the Director give specific approval in writing.  The stop work order will be in writing and will include:

1.  The date of the order is issued;

2.  Permit or registration number, where applicable;

3.  Site address, legal description or project location that is subject to the stop work order;

4.  A description of violations observed; and

5.  The conditions under which the work may resume.

B.  The stop work order will be posted by the Director at a conspicuous location at the site.  In addition, a copy of the order will either be personally delivered or sent to the property owner (and any person authorized to act on the owner’s behalf, if identified) by regular first-class mail.

C.  It is unlawful for any person to remove, obscure, mutilate or otherwise damage a stop work order.

D.  A stop work order is effective upon posting.

E.  When an emergency condition exists, the Director may issue a stop work order orally.  The Director will then issue a written notice as provided under Section A., above, within one working day.

F.  The Director may issue a stop work order for work commenced without a required permit.

G.  The Director may impose a penalty as set forth in the Enforcement Fee and Penalty Schedule adopted by the City Council when a stop work order is issued.  The stop work order penalty may be assessed daily for each day the violation or condition giving rise to the order continues.

H.  Review of Stop Work Order by the Director.

1.  If a property owner (and any person authorized to act on the owner’s behalf) has received a stop work order as described in this Section and the property owner (and any person authorized to act on the owner’s behalf) believes the order has been issued in error, the property owner (and any person authorized to act on the owner’s behalf) may request that the order be reviewed by the Director.  The property owner (and any person authorized to act on the owner’s behalf) must submit a written request to the Director within 15 calendar days of the date of the order.  The written request shall be submitted together with all evidence that supports the request.  Work subject to a stop work order may not be resumed until approved according to Subsection A. of this Section.  Following review, the Director will issue a written determination.  The Director’s determination will be served on the property owner (and any person authorized to act on the owner’s behalf) by regular mail.

2.  A property owner (and any person authorized to act on the owner’s behalf) may appeal the Director’s written determination to the Code Hearings Officer in accordance with Portland City Code Chapter 22.10.

3.    Nothing in this Chapter limits the authority of the Director to initiate a code enforcement proceeding under Title 22.