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City of Portland

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14B.130.100 Penalties.

(Amended by Ordinance No. 187557, effective January 20, 2016.)

A.  The Director may assess civil penalties in an amount up to $5,000 for any violation of this Chapter.

B.  Procedure.

1.  Having made a determination that a violation of this Chapter has occurred, the Director shall give written notice of a decision to assess civil penalties.  The Director’s written notice shall be in accordance with the minimum requirements of Chapter 3.130 of the Portland City Code.

2.  Service of the notice will be accomplished by mailing the notice by certified mail, return receipt requested to the mailing address provided by the licensee.

3.  Mailing of the notice will be prima facie evidence of receipt of the notice.

4.  The civil penalty will be due 10 days from the date of the notice unless appealed in accordance with Section 14B.130.120.

C.  In determining the amount of the civil penalty to be imposed for violations of the provisions of this Chapter, the Director shall consider:

1.  The extent and nature of the person’s involvement in the violation;

2.  The economic or financial benefit accruing or likely to accrue as a result of the violations;

3.  Whether the violations were repeated or continuous, or isolated and temporary;

4.  The magnitude and seriousness of the violation;

5.  The City’s costs of investigating the violations and correcting or attempting to correct the violation; and,

6.  Any other factors the Director may deem to be relevant.