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11.10.010 Code Administration and Duties Performed.

This Title is primarily implemented by two City officials; the City Forester and the Director of the Bureau of Development Services (BDS Director). The Responsible Engineer has a role as described below in the resolution of infrastructure conflicts within the public streets and city-owned easements. The roles for the Urban Forestry Commission and Appeals Board include major urban forest policy direction and hearing appeals of tree removal permits, as described in Chapter 11.20. The Code Hearings Officer adjudicates enforcement cases. The City Forester and BDS Director are authorized to adopt, amend and repeal administrative rules, consistent with the provisions of this Title, pertaining to matters within the authority or responsibility of the City Forester or BDS Director under the provisions of this Title. No such rule shall be effective or binding on any person until it is filed for inclusion in the City Auditor's Portland Policy Documents repository in accordance with the provisions of Chapter 1.07 of this Code. If any person feels aggrieved by any such administrative rule, the person may appeal to the Council for its amendment or repeal by filing with the City Auditor a petition which shall be presented to the Council at its next regular meeting, unless the petitioner requests a later hearing. Until and unless amended or repealed by the Council, any administrative rule made under this Section shall be in full force and effect.

A.  City Forester. The City Forester shall be an arborist. The City Forester is responsible for:

1.  Administering the tree permit program for City, Street, and Private Trees per Chapter 11.40 and Programmatic Permits per Chapter 11.45;

2.  Reviewing development permits for compliance with City and Street Tree preservation and protection and Street Tree planting requirements per Chapter 11.50;

3.  Processing violations of this Title as stated in Chapter 11.70;

4.  Managing the Urban Forestry Program by:

a.  Preparing and submitting the annual budget request for the operation of the Parks and Recreation Forestry Division to the Director of the Bureau of Parks and Recreation; and

b.  Providing tree maintenance or supervisory services including cutting, pruning, spraying, planting and tree removal on city managed property required by or performed by the Bureau of Parks and Recreation subject to the annual budget. Bureaus may also employ normal procedures to have such services provided by private contractors; and

5.  Preserving and enhancing the urban forest by:

a.  Developing and periodically updating specifications for planting, pruning, removing and maintaining trees in accordance with proper arboricultural practices;

b.  Developing lists of recommended trees for streets as well as recommended trees for other specific objectives;

c.  Coordinating with the UFC and City bureaus, the development, monitoring, and reporting on implementation of the Urban Forest Plan described in Chapter 11.20; and

d.  Providing staff services and carrying out the other responsibilities applicable to the UFC including:

(1)  Preparing a monthly report on the Urban Forestry Program's activities for the Urban Forestry Commission’s (UFC) review;

(2)  Reviewing and identifying for the UFC budget proposals, programs, and projects that could substantially affect trees or the urban forest; and

(3)  Analyzing potential activities for consideration in the development of the UFC’s annual work plan and retreat.

B.  BDS Director. In addition to duties specified in other City Titles, the BDS Director is responsible for:

1.  Reviewing development permits for compliance with tree preservation, protection and planting requirements per Chapter 11.50;

2.  Processing violations of this Title as stated in Chapter 11.70; and

3.  Processing violations affecting trees when the violation is of a requirement of this Title and Title 33, Planning and Zoning. In such cases, the BDS Director may also consult with the City Forester.

C.  Responsible Engineer. The Responsible Engineer in consultation with the City Forester is responsible for:

1.  Reviewing tentative planting proposals in public streets for the purpose of protecting existing utilities and sewer and water lines;

2.  Applying standards for planting, care, and protection of trees through development projects, including public works, and capital improvements;

3.  Planting, care, and management of trees in center medians and greenstreet facilities; and

4.  Identifying for the City Forester city programs and capital projects or significant budget proposals that would substantially affect trees or the urban forest and that warrant UFC involvement or review.

D.  Urban Forestry Commission (UFC). The roles and functions of the Urban Forestry Commission are specified in Chapter 11.20.

E.  Urban Forestry Appeals Board. The roles and composition of the Appeals Board are specified in Chapter 11.20.

F.  Code Hearings Officer. The City’s Code Hearings Officer is responsible for hearing abatement cases and providing review of enforcement cases related to this Title, following the procedures in Title 22, Hearings Officer.