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Charter, Code and Policies

City of Portland



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17.38.045 Enforcement.

 (Replaced by Ordinance No. 186192; amended by Ordinance No. 187904, effective August 19, 2016.)

A.  Violations. It is a violation for any persons to fail to comply with the requirements of this Chapter and associated rules. Each day a violation occurs or continues may be considered a separate violation. BES will hold the person or persons solely responsible for complying with BES enforcement actions. Violations of this Chapter or associated rules include, but are not limited to:

1.  Failure to construct stormwater management facilities to the standards of the City’s Stormwater Management Manual, Source Control Manual and Section 17.38.035;

2.  Failure to comply with a written order of the Director, made under authority of this Chapter, that is not met within the specified time;

3.  Failure to comply with any condition of an operations and maintenance plan or agreement issued under the authority of this Chapter or rules that is not met within a specified time;

4.  Failure to maintain a stormwater management or source control facility leading to a potential or actual operating deficiency of the facility;

5.  Failure to have a properly recorded, or accurate O & M plan on file with BES; and

6.  Failure to comply with enforcement actions as identified in the BES Enforcement Program administrative rules (PPD item ENB-4.15).

B.  Enforcement Tools. BES may use any or all of the following tools to enforce this Chapter or associated administrative rules: notice of investigation, warning notice, notice of violation, compliance order, requirement to obtain a permit, notice of termination, withholding of permits, violation abatement, legal action, criminal case referral, or referral to other regulatory agencies. BES enforcement actions are described in program-specific administrative rules and the BES Enforcement Program administrative rules (PPD item ENB-4.15).

C.  Civil Penalties. Persons violating this Chapter or associated rules may be assessed civil penalties of up to $10,000 per day per violation according to program-specific administrative rules and the BES Enforcement Program administrative rules (PPD item ENB-4.15). Penalties and other charges will accrue interest from the date of initial City notice assessing the penalty until the penalty is paid in full.

D.   City Summary Abatement. To the extent permitted by law, the Director may recover from the person causing the violation all costs incurred by the City to summarily abate the following:

1.  A violation that is not remedied through required corrective actions;

2.  A situation that poses an imminent danger to human health, public safety, or the environment; or

3.  Continued noncompliance with PCC or associated rules.

E.  Cost Recovery.  The Director may recover all reasonable costs incurred by the City that are attributable to or associated with the violations of this Chapter or associated rules.

F.  Nothing in this Chapter is intended to impose liability on the City for any injury or damage resulting from the failure of any person to comply with the provisions of this Chapter.