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ENB-4.22 - BES Public Works Enforcement Program Administrative Rules

BES PUBLIC WORKS ENFORCEMENT PROGRAM ADMINISTRATIVE RULES

Administrative Rules Adopted by Bureau of Development Services Pursuant to Rule-Making Authority

ARB-ENB-4.22


Link to Full Text of Administrative Rules  (PDF Document, 277 kb). What follows is the Table of Contents and an excerpt from the administrative rules:

TABLE OF CONTENTS

1.    Applicability

2.    Purpose

3.    Definitions

4.    Regulatory Authority

5.    Compliance Requirements

6.    Violations

7.    Administrative Review and Appeal

These are administrative rules for the Bureau of Environmental Services (BES) Public Works Enforcement Program.


1.  Applicability 

These rules apply to any person who modifies, accesses, connects to or performs any other action identified in PCC section 17.32.030 without first obtaining BES written authorization or a permit and to any person who fails to comply with the conditions of a permit, access agreement, or written directive made under the authority of PCC Section 17.32.

2.  Purpose

These rules establish the BES enforcement program for assuring protection of the public sanitary, stormwater and drainage systems and processes. These rules are implemented in conjunction with the BES Enforcement Program Administrative Rules (PPD item ENB-4.15).

3.  Definitions

These rules use the definitions of Portland City Code (PCC) Chapters 17.04 and 17.32, including the following definitions:

A.  “Drainage Improvements” means management facilities or modifications to drainage patterns to address safety issues, increase capacity, or improve water flows or quality.

B. “Facial Challenge” means a challenge to a requirement that is based on an argument that the requirement cannot be applied fairly or reasonably in any situation. By contrast, an as-applied challenge is one based on an argument that a requirement should not be applied to the challenger’s particular situation because of factors that, in the challenger’s view, distinguish it from similar situations.

C.  “Public Right-of-Way” means the area within the confines of a dedicated public street, an easement owned by the City, or other area dedicated for public use for streets or public utility facilities.

D.  “Public Sewer Easement (easement)” is a grant of the right by a property owner to the City to use land for placement and maintenance of public sewer facilities.

4.  Regulatory Authority

These rules are authorized by PCC Chapter 3.13 and support the implementation of Chapter 17.32 and the BES Enforcement Program Administrative Rules (PPD item ENB-4.15).

Link to Full Text of Administrative Rules  (PDF Document, 277 kb).


HISTORY

Ordinance No. 183397, passed by City Council December 9, 2009 and effective January 8, 2010.

Amended rules adopted by Director of Bureau of Environmental Services September 23, 2013.

Amended by Director of Bureau of Environmental Services January 8, 2015.

Amended by Director of Bureau of Environmental Services March 12, 2019.

Amended by Director of Bureau of Environmental Services July 17, 2019.