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22.05.010 Order to Comply; Abatement, and Repair.

(Amended by Ordinance Nos. 171455 and 176955, effective October 9, 2002.)

A.  The Code Hearings Officer may order a party found in violation of the Code of the City of Portland or any applicable rule or regulation issued thereunder to comply with the provisions of the Code or the applicable rule or regulation within such time as the Code Hearings Officer may by order allow.  The order may require such party to do any and all of the following.

1.  Make any and all necessary repairs, modifications, and/or improvements to the structure, real property, or equipment involved;

2.  Abate or remove any nuisance;

3.  Change the use of the building, structure, or real property involved;

4.  Install any equipment necessary to achieve compliance;

5.  Pay to the City of Portland a civil penalty of up to $1,000 per day or such greater amount as may be authorized by this Code or any rules or regulations adopted thereunder.

6.  Undertake any other action reasonably necessary to correct the violation or mitigate the effects thereof.

B.  In the event any party fails to comply with any provision of an order of the Code Hearings Officer, except a provision requiring the payment of a civil penalty only, the Code Hearings Officer may authorize the City to undertake such actions as the Code Hearings Officer may determine are reasonably necessary to correct the violation and/or eliminate or mitigate the effects thereof.  The City’s reasonable costs of such actions may be made a lien against the affected real property pursuant to Chapter 22.06 of this Title.

C.  Where the Code Hearings Officer finds that there is a violation of any of the provisions of Title 24, 25, 26, 27, 29, or 31, the Code Hearings Officer, in addition to the powers set out in Subsections A. and B. above, may:

1.  Authorize the Bureau of Development Services to act pursuant to Chapter 29.40 of the Code of the City of Portland;

2.  Provided notice has been given to tenants, residents, and lessees as required by Section 22.03.030 D, order a building or structure vacated or demolished when it reasonably appears that such measures are reasonably required to protect the health, safety, or property of the general public, the residents of the structure, or that of adjacent landowners and residents.  Where vacation or demolition is ordered, the Code Hearings Officer may direct that the person found in violation of the Code undertake any and all interim measures as may be necessary;

3.  Act as the Building Code Board of Appeals in a case already before him and which requires interpretation of Title 29 of this Code;

4.  Require the party found in violation of this Code to prepare a cost estimate of the repairs made necessary to achieve compliance with the Code and the impact of these repairs will have on the cost of doing business and, if applicable, future rent levels.  In assessing the cost estimate under this Subsection the Code Hearings Officer may require the person found in violation to contact public and private agencies, institutions, and other sources of property improvement funds to determine the availability of funds needed for repairs.