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City of Portland

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17.106.050 Enforcement and Penalties.

A.  The Director may impose penalties on any responsible party who fails to comply with the requirements of this Chapter or who has misrepresented any material fact in a document or evidence required to be prepared or submitted by this Chapter.

1.  A first violation of this Chapter may be subject to a penalty of up to $500.

2.  A second violation of this Chapter by the same person may be subject to a penalty of up to $1,000.

3.  Third and subsequent violations of this Chapter by the same person may be subject to a penalty of up to $1,500.

4.  Penalties may be imposed on a per month, per day, per incident, or such other basis as the Director may determine as appropriate based upon criteria in Subsection E below.

5.  Any person receiving a notice of violation shall, within 10 days of issuance of the notice, either pay to the City the stated amount of the penalty or request an appeal as provided in Section 17.106.060.

B.  Heavy Machinery.

1.  Improper use of heavy machinery in violation of this Chapter may be subject to a penalty of up to $10,000.

2.  Any person receiving a notice of violation shall, within 10 days of issuance of the notice, either pay to the City the stated amount of the penalty or request an appeal as provided in Section 17.106.060.

C.  Additional Enforcement Actions for Certified Deconstruction Contractors.  The Director may impose the following additional remedies for Certified Deconstruction Contractors.

1.  A first violation of this Chapter may result in removal from the list of approved Certified Deconstruction Contractors for up to 6 months.

2.  A second violation of this Chapter may result in removal from the list of approved Certified Deconstruction Contractors for up to 12 months.

3.  Third and subsequent violations may result in revocation of certification whereby a contractor may not apply for recertification for a period of 18 months.

4.  Temporary removal from the list of approved Certified Deconstruction Contractors will expire immediately following the term of removal and will not require further action from the Director.

D.  Stop Work Orders.  When necessary to obtain compliance with this Chapter, the Director may issue a stop work order requiring that all work, except work directly related to elimination of the violation, be immediately and completely stopped.  If the Director issues a stop work order, activity subject to the order may not be resumed until such time as the Director gives specific approval in writing.  The stop work order will be in writing and posted at a conspicuous location at the site. When an emergency condition exists, a stop work order may be issued orally, followed by a written stop work order.  It is unlawful for any person to remove, obscure, mutilate or otherwise damage a stop work order.  Any person subject to a stop work order may seek administrative review of the order and may appeal the Director’s administrative determination as provided in Subsection 17.106.060 B.

E.  The Director will consider the following criteria in determining the amount of penalties or remedies to impose under this Section:

1.  The nature and extent of the person’s involvement in the violation;

2.  Whether the person was seeking any benefits, economic or otherwise, through the violation;

4.  Whether other similar prior violations have occurred with that person;

5.  Whether the violation was isolated and temporary, or repeated and continuous;

6.  The length of time from any prior violations;

7.  The magnitude and seriousness of the violation;

8.  The costs of investigation and remedying the violation;

9.  Other relevant, applicable evidence bearing on the nature and seriousness of the violation.

F.  If the Director assesses an enforcement penalty as described in this Section, the Director will file a statement with the City Auditor that identifies the property, the amount of the penalty, and the date from which the charges are to begin. The Auditor will then:

1.  Notify the property owner of the assessment of enforcement penalties;

2.  Record a property lien in the Docket of City Liens;

3.  Bill the property owner monthly for the full amount of enforcement penalties owing, plus additional charges to cover administrative costs of the City Auditor; and

4.  Maintain lien records until the lien and all associated interest, penalties, and costs are paid in full; and the Director certifies that all violations listed in the original or any subsequent notice of violation have been corrected.

G.  Inspections.  The Director may conduct inspections whenever necessary to enforce any provisions of this Chapter, to determine compliance with this Chapter or whenever the Director has reasonable cause to believe there exists any violation of this Chapter.  If the responsible party is at the site when the inspection is occurring, the Director will first present proper credentials to the responsible party and request entry.