A. The following constitute violations of this Title:
1. Any failure, refusal or neglect to comply with any provision of this Title;
2. Allowing or causing a condition that threatens to injure the public health or safety, or threatens to damage public or private property; or
3. Any failure, refusal or neglect to correct or remove any sign, awning, strobe light, banner or balloon that does not comply with the provisions of this Title, after being required to do so by the Director.
B. Each specific incident and each day of non-compliance will be considered a separate violation of this Title.
(Amended by Ordinance Nos. 176469 and 183793, effective May 19, 2010.) A violation of this Title may result in assessment of civil penalties or enforcement fees, as provided below:
A. Civil penalties.
1. For each separate violation, a civil penalty of up to $1,000 may be assessed.
2. In determining the amount of any civil penalty to be assessed, the Director will consider the following:
a. The nature and extent of the responsible party’s involvement in the violation;
b. The benefits, economic, financial or otherwise, accruing or likely to accrue as a result of the violation;
c. Whether the violation was isolated and temporary, or repeated and continuing;
d. The magnitude and seriousness of the violation;
e. The City’s cost of investigation and remedying the violation;
f. Any other applicable facts bearing on the nature and seriousness of the violation.
B. Administrative enforcement fees.
1. In addition to other penalties and fines, the Director may charge a penalty in the form of a monthly enforcement fee or penalty for any violation that meets the following conditions:
a. Either a citation, as described in Section 32.66.030, Citations, or a stop work order, as described in Section 32.66.040, Stop Work Orders, has been issued; and
b. A response period of at least 30 days has passed since the citation or stop work order became final; and
c. The violation, as described in the initial citation of violation or stop work order or any subsequent citation or stop work order, has not been corrected, inspected and approved.
2. The amount of the monthly enforcement fee or penalty shall be charged as set forth in the Enforcement and Penalty Fee Schedule as approved by City Council. If the responsible party does not have all violations corrected, inspected and approved within three months from the date of the initial notice of citation or stop work order, then monthly enforcement fees or penalties will subsequently be twice the amount stated in the Enforcement Fee and Penalty Schedule as approved by City Council.
3. Once the monthly enforcement fees or penalties begin, they will continue until all violations identified in the initial citation or stop work order, or any subsequent citations or stop work orders, have been corrected, inspected and approved.
4. The responsible party must notify the Director when the responsible party believes that all violations listed in the initial citation or stop work order, or any subsequent citations or stop work orders, have been corrected. Upon confirmed receipt of such notice, the Director will promptly schedule an inspection of the violation and will notify the responsible party if any violations remain uncorrected.
5. When a violation meets the conditions for charging an enforcement fee or penalty as described in this Section, the Director will file a statement with the City Auditor that identifies the property, the amount of the monthly fee or penalty, the amount of citations fines, and the date from which the charges are to begin. The City Auditor will then:
a. Notify the responsible party of fines and enforcement fees and penalties;
b. Record a property lien in the Docket of City Liens;
c. Bill the responsible party monthly for the full amount of the accumulated fines and enforcement fee or penalty owing, plus additional 10 percent charges to cover the administrative costs of the City Auditor; and
d. Maintain lien records until:
(1) The lien and all associated interest, fines, penalties, charges, and costs are paid in full; and
(2) The Director certifies that all violations listed in the initial and any subsequent citations or stop work orders have been corrected, inspected and approved.
C. Portable sign penalties. In addition to other penalties and fees established in this section, where a registered or temporary portable sign has been the subject of multiple citations, the Director may either impound the sign, or revoke the registration of a sign or prohibit future portable sign registrations to the owner of the sign, or any combination of these actions. The Director may charge, in addition to any other fine, the administrative costs of impounding a portable sign.
A. If the Director has reasonable belief that a violation has occurred, the Director may issue a citation. The citation may be personally delivered to the responsible party, or may be delivered by Registered or Certified Mail to the responsible party. The citation will include:
1. A reference to the particular section or sections of this Title that have been or are being violated;
2. A short and plain statement of the matters asserted or charged;
3. A statement of the amount of the applicable penalties; and
4. A reference to the process by which the responsible party may request review by the Director.
B. The responsible party cited as violating this Title must, within 15 days of receiving the citation, pay to the City the stated penalty or request review by the Director. If, after review by the Director, the Director upholds the civil penalty, payment of the penalty must be received by the City or postmarked no later than 15 days after the review determination becomes final.
A. When any work is being in violation of 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, the responsible party may not resume work until such time as the Director gives specific approval in writing. The stop work order will be in writing and will include:
1. The date that the order is issued;
2. The permit or registration number, where applicable;
3. The site address, legal description or project location that is subject to the order;
4. A description of the violations that have been 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 to the responsible party, or delivered by Registered or Certified Mail to the responsible party. If the responsible party is not the property owner, a copy of the stop work order will also be sent to the property owner.
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 order as provided under Subsection A., above, within one working day.
A. If a responsible party has received a written citation or stop work order as described in this Chapter and the responsible party believes the citation or order has been issued in error, the responsible party may request that the citation or order be reviewed by the Director. The responsible party must submit a written request to the Director within 15 days of the date of the citation or order. The written request shall be submitted together with all evidence that supports the responsible party’s request. Work subject to a stop work order may not be resumed until approved according to Section 32.66.040, Stop Work Orders. Following review, the Director will issue a written determination. The Director’s determination will be served on the responsible party by regular mail.
B. A responsible party may appeal the Director’s written determination to the Code Hearings Officer in accordance with Chapter 22.10 of Portland City Code.
C. Nothing in this Chapter limits the authority of the Director to initiate a code enforcement proceeding under Title 22, Hearings Officer for any violations of this Title.