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City of Portland

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14B.130.100 Penalties.

(Amended by Ordinance Nos. 187557 and 188178, effective December 21, 2016.)

A.  The Director may assess civil penalties in an amount up to $5,000 for any violation of this Chapter.

B.  Procedure.

1.  Having made a determination that a violation of this Chapter has occurred, the Director shall give written notice of a decision to assess civil penalties.  The Director’s written notice shall be in accordance with the minimum requirements of Chapter 3.130 of the Portland City Code.

2.  Service of the notice shall be by mail to the address of the primary contact for the Licensee on file with the Director.  In the case of a person operating without a Marijuana Regulatory License, service of the notice shall be by mail to such address as the Director has on file for that person, or is otherwise available to the Director. In addition, the Director may also send notices to other addresses known for the person including electronic delivery.

3.  Mailing of the notice will be prima facie evidence of receipt of the notice.

4.  The civil penalty will be due 10 business days from the date of the notice unless appealed in accordance with Section 14B.130.120.

C.  In determining the amount of the civil penalty to be imposed for violations of the provisions of this Chapter, the Director shall consider:

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

2.  The economic or financial benefit accruing or likely to accrue as a result of the violations;

3.  Whether the violations were repeated or continuous, or isolated and temporary;

4.  The magnitude and seriousness of the violation;

5.  The City’s costs of investigating the violations and correcting or attempting to correct the violation; and,

6.  Any other factors the Director may deem to be relevant.