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City of Portland

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27.02.010 General.

(Amended by Ordinance Nos. 150873, 176955 and 187432, effective December 4, 2015.)  The Director of the Bureau of Development Services is hereby authorized and directed to enforce all the provisions of this Title.  

A.  Appointees.  The Director may appoint officers, inspectors, assistants, and other employees to perform any duty imposed by this Title.  Such appointees may, for the sake of this Title, hereafter be known as building officials, inspectors, or authorized representatives.

B.  Right of Entry.  Whenever necessary to make an inspection to enforce any of the provisions of this Title, or whenever the Director or authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or Code violation which makes such building or premises unsafe, dangerous, or hazardous, or upon presentation of a lawfully issued warrant, the Director or authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Director by this Title.  If such building or premises is occupied, the Director shall first present proper credentials and request entry; and if such building or premises is unoccupied, the Director shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.  If such entry is refused, the Director or authorized representative shall have recourse to every remedy provided by law to secure entry.    When the Director or authorized representative has first obtained a lawfully issued warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any building or premises shall fail or neglect, after proper request is made, to promptly allow the Director or authorized representative to enter the building or premises for the purpose of inspection and examination pursuant to this Title.

C.  Stop Work Orders.  When it is necessary to obtain compliance with this Title, 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 be resumed until such time as the Director gives specific approval in writing.  The stop work order will be in writing, except when an emergency condition exists, the Director may issue a stop work order orally.  All stop work orders will conform to the requirements of City Code Section 3.30.080.  Any person subject to a stop work order may seek review of the order by the Director and may appeal the Director’s determination in accordance with City Code Section 3.30.080.

D.  Authority to Condemn Equipment.  Whenever the Director learns or ascertains that any equipment, as defined in this Title, has become hazardous to life, health, or property, a written order will be issued requiring that such equipment be restored to a condition of safety or be dismantled or removed from its present location.  The written notice shall fix a time limit for compliance with such order.  No person shall use or maintain the defective equipment after receiving such notice.