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The City of Portland, Oregon

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24.51.050 Appeals of Decisions Made by the Chief

Notwithstanding any contradictory portion of Code Section 24.10.080:

A. Any decision made by the Chief, regarding the application of a Wildfire Hazard Zone to any area in the City, may be appealed to the Bureau of Development Services Board of Appeals (Board) solely in accordance with this subsection. In considering such appeals the Board shall act solely in accord with this section.

B. Such appeal shall be in writing and shall be filed with the Board within fourteen days of the date of the Chief’s decision. The appeal shall include a statement regarding the elements of the Chief’s decision with which the appellant takes issue. Reference to facts and the criteria listed above, is required.

C. A copy of the appeal shall be provided to the Chief at the same time that it is filed with the Board. The Chief shall have fourteen days from the date of the appeal to respond, in writing, to the Board and all appellants.

D. The Board shall issue a notice of a hearing date and the place and time of the hearing. Notice shall be provided to the appellants and the Chief.

E. The Board shall then hold a hearing upon any such appeal. After considering the issues raised on appeal, and the reasonableness of the Chief’s interpretation of applicable criteria, the Board shall, by majority vote, affirm or modify the Chief’s decision. The Board’s decision shall be based solely upon the criteria set out in this Chapter and shall include findings addressing the facts and the criteria. The decision of the Board shall have full force and effect. A certified copy of the decision shall be delivered to the appellant.

Any appeal of the Board’s decision shall by writ of review.