Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Title - Citation - Reference.
1.01.020 Reference Applies to Amendments.
1.01.030 Codification Authority.
1.01.035 City Auditor to Specify the Form and Style of City Code Provisions.
1.01.040 Definitions.
1.01.050 Grammatical Interpretation.
1.01.060 Construction.
1.01.070 Title, Chapter and Section Headings.
1.01.080 Reference to Specific Ordinances.
1.01.090 Effect of Code on Past Actions and Obligations.
1.01.100 Repeal Shall Not Revive Any Ordinances.
1.01.110 Repeal.
1.01.120 Exclusions.
1.01.130 Effective Date.
1.01.140 Violations - Penalty.
1.01.150 Prohibited Acts Including Causing, Permitting, etc.
1.01.160 Constitutionality.
1.01.170 Consistency With State Criminal Law.
1.01.010 Title - Citation - Reference.
This Code shall be known as the “Code of the City of Portland, Oregon,” and it shall be sufficient to refer to this Code as the “Code of the City of Portland, Oregon,” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, correcting, or repealing all or any part or portion thereof as an addition to, amendment to, correction of, or repeal of the “Code of the City of Portland, Oregon.” Further reference may be had to the Titles, Chapters, Sections, and Subsections of the “Code of the City of Portland, Oregon,” and such reference shall apply to that numbered Title, Chapter, Section, or Subsection as it appears in this Code.
1.01.020 Reference Applies to Amendments.
Whenever a reference is made to this Code as the “Code of the City of Portland, Oregon,” or to any portion thereof, or to any ordinance of the City of Portland, Oregon, the reference shall apply to all amendments, corrections, and additions hereto.
1.01.030 Codification Authority.
This Code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the City of Portland, Oregon, codified pursuant to State law.
1.01.035 City Auditor to Specify the Form and Style of City Code Provisions.
(Added by Ord. No. 156865; December 6, 1984.)
A. The City Auditor shall provide for a uniform form and style for provisions of the City Code. The Auditor may make minor corrections to such ordinances submitted for filing to provide the required uniformity. The Auditor shall also have authority to change the form and style of current provisions of the City Code to conform to the requirements provided for by the Auditor.
B. Subject to approval of the City Attorney, the Auditor shall have authority to rearrange, renumber, reletter, capitalize, punctuate and divide provisions of the City Code, and to correct clerical errors and omissions and insert captions in accordance with the meaning and intent of the provisions of the Code, and may delete provisions which have become inoperative or ruled invalid by a court of competent jurisdiction.
C. The Auditor may substitute any current title of an officer, bureau, department, commission or committee in lieu of the title originally appearing in the Code provision, in accordance with changes of title or duties subsequently made by law.
1.01.040 Definitions.
The following words and phrases whenever used in this Code shall be construed as defined in this Section unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
A. “City” means the City of Portland, Oregon, or the area within the territorial City limits of the City of Portland, Oregon, and such territory outside of this City over which the City has jurisdiction or control by virtue of ownership or any Constitutional or Charter provisions, or law;
B. “City Council” or “Council” means the City Council of the City of Portland, Oregon;
C. “County” means the County and/or Counties of Multnomah, Washington, and Clackamas;
D. “Mayor” means the Mayor of the City of Portland, Oregon;
E. “Commissioner” means a Commissioner of the City of Portland, Oregon. If “Commissioner” or “Commissioner in Charge” is used in connection with any department, bureau, or division, it shall mean the Commissioner In Charge of such department, bureau, or division.
F. “Charter” or “Ordinance” means the Charter or Ordinance of the City, unless otherwise specifically designated;
G. “Oath” includes affirmation;
H. “Office” or “officer.” The use of the title of any officer, employee, or any office means such officer, employee, or office of the City, unless otherwise specifically designated.
I. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, and/or the manager, lessee, agent, servant, officer, or employee of any of them;
J. “State” means the State of Oregon;
K. “Shall” and “must.” Each is mandatory;
L. “May” is permissive;
M. “Written” includes handwritten, printed, typewritten, mimeographed, multigraphed, or otherwise duplicated from printed or written material;
N. “Law” denotes applicable federal law, the Constitution of the United States, the Constitution and statutes of the State of Oregon, the Charter and Ordinances of the City of Portland, Oregon, and when appropriate, any and all rules and regulations which may be promulgated thereunder, and court decisions.
1.01.050 Grammatical Interpretation.
The following grammatical rules shall apply in this Code.
A. Gender. Any gender includes other genders;
B. Singular and plural. The singular number includes the plural and the plural includes the singular;
C. Tenses. Words used in one tense include any other tenses as the context may require;
D. Use of words and phrases. Words and phrases used in this Code and not specifically defined shall be construed according to the context and approved usage of the language.
1.01.060 Construction.
The provisions of this Code and all proceedings under it are to be construed with a view to effect its objectives and promote justice.
1.01.070 Title, Chapter, and Section Headings.
Title, Chapter, and Section Headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any Title, Chapter, or Section hereof.
1.01.080 Reference to Specific Ordinances.
When deposits of money or securities, permits, or matters of record refer to or are connected with ordinances superseded by provisions of this Code, the deposits, permits, or matters of record shall not be affected, but corresponding provisions of this Code shall be construed to apply.
1.01.090 Effect of Code on Past Actions and Obligations.
Neither the adoption of this Code nor the repeal or amendment hereby of any ordinance or a part or portion of any ordinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty due and unpaid at said effective date under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed, or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. When a requirement or obligation under a prior ordinance superseded by this Code is continued by this Code in substantially similar terms, the requirement or obligation and any time limit fixed by the prior ordinance, or by official act, or notice thereunder shall continue, and time shall be computed, in accordance with the terms of the prior ordinance, act or notice.
1.01.100 Repeal Shall Not Revive Any Ordinances.
The repeal of an ordinance shall not affect the repealing clause of such ordinance or revive any ordinance which has been repealed.
1.01.110 Repeal.
The following general ordinances of the City are repealed, subject to preservation thereof under Section 1.01.090:
A. Code of General Provisions, Ordinance No. 77820:
“An Ordinance providing for a Code of general provisions; adopting the Municipal Code of the City of Portland; describing the City seal; establishing general Code
regulations; and prescribing penalties for violations of provisions contained in the municipal Code of the City of Portland,” passed by the Council September 10, 1942, as amended.
B. Legislation and Elections Code, Ordinance No. 77641:
“An Ordinance to establish a Legislation and Elections Code for the City of Portland; to prescribe rules of order and procedures for Council meetings; to regulate the passage of ordinance and resolutions; to regulate the exercise of initiative and referendum powers in the City of Portland; to control municipal elections; and to provide for penalties for violations thereof,” passed by the Council August 6, 1942, as amended.
C. Administration Code, Ordinance No. 77780:
“An Ordinance to establish an Administration Code; to prescribe regulations for the organization and duties of administrative units of the government of the City of Portland; to provide personnel rules for employees of the City; and to provide for pensions for certain employees, and to declare an emergency,” passed by the Council September 3, 1942, as amended.
D. Finance Code, Ordinance No. 777613:
“An Ordinance providing for a Finance Code for the City of Portland; regulating the operation of funds and the payment of warrants; establishing budget procedures; providing for the keeping of records and the making of reports; controlling the maintenance, purchase, and sale of property; providing for delinquencies; and providing penalties for violations,” passed by the Council July 30, 1942, as amended.
E. Public Works Code, Ordinance No. 128743:
“An Ordinance providing a Public Works Code of the City of Portland, regulating local and public improvements; regulating use of street and public area and facilities located therein; regulating repair and maintenance; providing assessment and financing procedures; regulating sewers and their use; regulating certain uses and practices related to public area; setting forth other related matters; requiring permits and fixing fees and charges; providing penalties; repealing Ordinance No. 76971 (Public Works Code) but continuing provisions thereof for certain purposes,” passed by the Council March 20, 1969, as amended.
F. Planning and Zoning Code, Ordinance No. 110103:
“An Ordinance to provide a revised Planning and Zoning Code for the City of Portland, Multnomah, and Clackamas Counties, Oregon, so as to provide regulations and restrictions for location, use, and development of property within the City for various types of buildings, structures, and activities; prescribing the various zone classifications and their regulations; limiting the height and bulk of buildings; fixing setback restrictions; prescribing penalties; fixing an effective date, and repealing Ordinance No. 77953, passed by the Council October 8, 1942, as subsequently amended, but preserving the same for certain purposes,” passed by the Council May 28, 1959, as amended.
G. Building Code, Ordinance No. 103415:
“An Ordinance providing for building regulations, requiring permits, and fees and providing penalties, fixing the effective date, repealing Ordinance No. 77435, and preserving certain rights and liabilities under Ordinance No. 77435,” passed by the Council January 26, 1956, as amended.
H. Housing Code, Ordinance No. 115647:
“An Ordinance to be known as the Housing Code for the City of Portland, Oregon, to provide health and sanitary regulations for buildings used for human habitation; prescribing penalties, fixing an effective date, repealing Ordinance No. 86820, passed by the Council March 4, 1948, and all ordinances amendatory thereto, but preserving the same for certain purposes, and preserving certain war Code permits as provided in Ordinance No. 104586,” passed by the Council August 16, 1962, as amended.
I. Heating and Ventilating Code, Ordinance No. 77094:
“An Ordinance to be known as the Heating and Ventilating Code, regulating the installation, alteration, repair, and maintenance of heating and ventilating systems and plants installed in the City and providing a penalty for the violation thereof,” passed by the Council April 23, 1942, as amended.
J. Plumbing Code, Ordinance No. 77482:
“An Ordinance to be known as the Plumbing Code; defining terms, requiring permits and fees, construction, alteration, renovation, repair and maintenance of plumbing, sewer and drainage system, and providing penalties for violations thereof,” passed by the Council July 9, 1942, as amended.
K. Water Code, Ordinance No. 115258:
“An Ordinance providing for a Water Code for the City of Portland, defining terms, making certain regulations, requiring certain permits and fees, providing penalties for violation thereof, repealing Ordinance No. 77279 (Public Utilities Code), passed by the Council June 4, 1942, as amended, but continuing the same for certain purposes, and declaring an emergency,” passed by the Council May 24, 1962, as amended.
L. Electrical Code, Ordinance No. 126527:
“An Ordinance to be known as the Electrical Code regulating the lease, rental, installation, repair, use and removal of electrical wiring and equipment, providing penalties for violation thereof, repealing Ordinance No. 105000 and preserving certain rights and liabilities under Ordinance No. 105000 and fixing an effective date,” passed by the Council April 4, 1968, as amended.
M. Air Quality Control Code, Ordinance No. 118114:
“An Ordinance providing for the control of air quality within Portland by providing standards of maximum permissible emissions [sic] of air contaminants, with exemptions, providing for registration by persons emitting the contaminants, providing for the enforcement by the Health Officer by order with a procedure of appeal from such order, or enforcement by judicial process, providing for variances from certain provisions, providing for a penalty for violation, and repealing Article 22 of Ordinance No. 77013, Health and Sanitation Code,” as passed by the Council February 27, 1964, as amended.
N. Fire Code, Ordinance No. 114851:
“An Ordinance to provide a revised Fire Code for the City of Portland, Multnomah and Clackamas Counties, Oregon, establishing rules and regulations relating to the Bureau of Fire and the Division of Fire Prevention and Inspection; promoting the elimination and prevention of fire and explosion hazards; regulating the maintenance and equipment of structures and use of premises within the City of Portland; providing for abatement of fire hazards; providing penalties for violations, fixing an effective date and repealing Ordinance No. 78461 passed by the Council March 4, 1943, as subsequently amended but preserving the same for certain purposes,” passed by the Council March 8, 1962, as amended.
O. Sign Code, Ordinance No. 76571: “An Ordinance providing for the Sign Code, defining terms, regulating the erection, construction, and maintenance of signs within the corporate limits of the City of Portland, providing for permits and fees, and fixing penalties for violation thereof,” passed by the Council January 15, 1942, as amended.
P. Police Code, Ordinance No. 76339:
“An Ordinance providing for Police Code for the City of Portland; defining terms; making certain acts or omissions unlawful; providing for the abatement of nuisances; payment of rewards; issuance of permits and licenses; confiscation of certain property; appointment of certain committees; maintenance, handling and confinement of prisoners; establishing regulations; and providing penalties,” passed by the Council December 4, 1941, as amended.
Q. Elevator Code, Ordinance No. 77614:
“An Ordinance to be known as the Elevator Code; providing regulations for the installation, alteration, repair and maintenance of elevators, escalators, hoists, dumb-waiters, and man lifts; requiring permits and fees; and providing a penalty for violations thereof,” passed by the Council July 30, 1942, as amended.
R. Health and Sanitation Code, Ordinance No. 77013:
“An Ordinance establishing the Bureau of Health; regulating health and sanitation in the City of Portland; and providing penalties for the violation thereof,” passed by the Council April 9, 1942, as amended.
S. Traffic Code, Ordinance No. 75607:
“An Ordinance regulating traffic on streets and highways; providing for motor vehicle inspection; authorizing installation and use of parking meters; fixing standards; providing for certain fees; providing penalties and declaring an emergency,” passed by the Council July 10, 1941, as amended.
T. License and Business Code, Ordinance No. 76398:
“An Ordinance to regulate and license private businesses and occupations in the City of Portland, and declaring an emergency,” passed by the Council December 18, 1941, as amended.
U. Disaster Code, Ordinance No. 127292:
“An Ordinance to be known as the Disaster Code for the City of Portland, Oregon, to establish operational responsibilities and duties of the City bureaus and departments in case of sudden or foreseeable disasters, authorizing participation by supporting agencies,” passed by the Council July 25, 1968, as amended.
1.01.120 Exclusions.
Notwithstanding inclusion within this Code of the general subject matter, in whole or in part, this Code does not repeal or amend: any special ordinance affecting less than the general public; any ordinance affecting the general public on a temporary basis; any ordinance relating to or resulting from annexation, naming of streets and public places or property or acquisition or disposal of property, vacation of streets, public places or plats; any ordinance relating to waiver of fees or Code provisions, bids or contracts; any ordinance fixing or changing a zone classification as to property; any ordinance relating to budget; any ordinance granting a permit; nor any franchise ordinance. Any provision of another ordinance neither expressly repealed by this Code nor clearly inconsistent with a provision of this Code, shall remain in full force and effect.
1.01.130 Effective Date.
This Code shall be effective on or after May 15, 1970.
1.01.140 Violations - Penalty.
It is unlawful for any person to violate any provision or to fail to comply with any requirement of this Code. Any person violating any provision or failing to comply with any requirement of this Code, unless provision is otherwise made herein, shall upon conviction thereof, be punished by a fine of not more than $500, or by imprisonment for a period of not more than 6 months, or by both such fine and imprisonment. However, no greater penalty shall be imposed than the penalty prescribed by the Oregon statute for the same act or omission. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and may be punished accordingly. In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of any provision of this Code is a public nuisance and may be summarily abated by the City as authorized by this Code. In addition, property shall be forfeited and City license may be suspended or revoked as provided in this Code.
1.01.150 Prohibited Acts Include Causing, Permitting, Etc.
Any act or omission made unlawful under this Code shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing such act or omission.
1.01.160 Constitutionality.
If any Section, Subsection, sentence, clause, or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Council hereby declares that it would have passed this Code, and each Section, Subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more Sections, Subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional, and, if for any reason this Code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.
1.01.170 Consistency With State Law Criminal Law.
(Added by Ord. No. 168708, Apr. 19, 1995.) This Code shall be construed so as to render it consistent with state criminal law, and any procedures or defenses made available in the prosecution of the same or similar offenses under state criminal law shall apply in prosecutions under this Code.
Chapter 1.03
CODE OF ETHICS
(New Section added by Ord.
No. 167619, May 4, 1994.)
Sections:
1.03.010 Definitions.
1.03.020 Trust.
1.03.030 Objectivity.
1.03.040 Accountability.
1.03.050 Leadership.
1.03.010 Definitions.
A. “City official” means any elected official, employee, appointee to a board or commission, or citizen volunteer authorized to act on behalf of the City of Portland, Oregon.
B. “Ethics” means positive principles of conduct. Some ethical requirements are enforced by federal, state, or local law; others rely on training, or on individuals’ desire to do the right thing. The provisions of this Chapter which are not elsewhere enforced by law shall be considered advisory only.
1.03.020 Trust.
The purpose of City government is to serve the public. City officials treat their office as a public trust.
A. The City’s powers and resources are used for the benefit of the public rather than any official’s personal benefit.
B. City officials promote public respect by avoiding even the appearance of impropriety.
C. Policymakers place long-term benefit to the public as a whole above all other considerations, including the concerns of important individuals and special interests. However, the public interest includes protecting the rights of under-represented minorities.
D. Administrators implement policies in good faith as equitably and economically as possible, regardless of their personal views.
E. Whistle-blowing is appropriate on unlawful or improper actions.
F. Citizens have a fair and equal opportunity to express their views to City officials.
G. City officials do not give the appearance of impropriety or personal gain by accepting personal gifts.
H. City officials devote City resources, including paid time, working supplies and capital assets, to benefit the public.
I. Political campaigns are not conducted on City time or property.
1.03.030 Objectivity.
City officials’ decisions are based on the merits of the issues. Judgment is independent and objective.
A. City officials avoid financial conflict of interest and do not accept benefits from people requesting to affect decisions.
B. If an individual officials financial or personal interests will be specifically affected by a decision, the official is to withdraw from participating in the decision.
C. City officials avoid bias or favoritism, and respect cultural differences as part of decision-making.
D. Intervention on behalf of constituents or friends is limited to assuring fairness of procedures, clarifying policies or improving service for citizens.
1.03.040 Accountability.
Open government allows citizens to make informed judgments and to hold officials accountable.
A. City officials exercise their authority with open meetings and public records.
B. Officials who delegate responsibilities make sure the work is carried out efficiently and ethically.
C. Campaigns for election allow the voters to make an informed choice on appropriate criteria.
D. Each City employee and appointee is encouraged to improve City systems by identifying problems and proposing improvements.
E. City government systems are self-monitoring, with procedures in place to promote appropriate actions.
1.03.050 Leadership.
A. City officials obey all laws and regulations.
B. City officials do not exploit loopholes.
C. Leadership facilitates, rather than blocks, open discussion.
D. Officials avoid discreditable personal conduct and are personally honest.
E. All City bureaus and work teams are encouraged to develop detailed ethical standards, training, and enforcement.
F. The City Auditor will publish a pamphlet containing explanations and examples of ethical principles.
Chapter 1.04
CORPORATE SEAL
1.04.010 Description.
The seal of the City shall be 1-3/4 inches in diameter and is described left to right as follows: Three-masted ship, sails partially unfurled; auxiliary steam stack with smoke extending to the left; river extends from the left side of the seal slightly beyond the lower center; central figure of a woman straight front with face profile looking out on river; right hand holding three (separate) pronged spear: left hand pointing towards fir forest with Mt. Hood in background: six-pointed star over head of figure: cog wheel and sledge hammer at lower right; sheaf of grain at the right of figure. On the outer rim shall be the words: “City of Portland, Oregon,” and the figures “1851.” The impression of such seal is shown on a separate sheet filed with the original of Ordinance No. 119838.
Chapter 1.06
OFFICIAL FLAG
Sections:
1.06.010 Description.
1.06.020 Requirements for the Official Flag of the City When Displayed Outdoors From Pole or Staff and for Miniature Flags Wherever Displayed.
1.06.010 Description.
There is designated an official flag for the City to be known as the City flag and described as follows:
A. The standard size measures 5 feet in length by 2 feet 10 inches in height, overall. The front face has the staff or hanging side on the left, and the “canton” in the upper left corner. The design components are in multiples of 1-inch units, and the following description refers to the units within the basic design as viewed from the front side. Any variation in flag size must be based on the diagonal proportions of the basic design; i.e., when a length is selected, the height is determined by the intersection of the vertical at one end of the length, with the diagonal projection of the original design. The flag size is then divided into units similar to the original design. The official design consists of off-center, countercharged, intersecting bands of blue, yellow, and white on a green background with the seal of the City on the front of the canton. The seal is to be yellow or gold on a dark blue background.
B. The following is a description of the component parts of the flag:
The center point of the white star formed at the intersection of the counterchanged center band of the intersection is 20 inches (units) from the left (staff) side, and 17 inches (units) from the top. The star is 4 inches (units) high and wide, with four concave sides, and is formed by 2-inch radii drawn from the corners of a 4-inch (unit) square.
C. The sizes of the background sections are as follows:
1. Canton (upper left hand section) 14 inches (units) wide and 13 inches (units) high,
2. Upper right hand section is 36 inches (units) wide and 11 inches (units) high,
3. Lower right hand section is 34 inches (units) wide and 13 inches (units) high,
4. Lower left hand section is 16 inches (units) wide and 11 inches (units) high,
D. The intersection is formed by a center band of blue, flanked by bands of white, which are flanked by bands of yellow, which are flanked by bands of white. The multicolored bands forming the arms are identical in width.
1. The center band of blue is 2 inches (units) wide,
2. The flanking bands of white are 1 inch (unit) wide,
3. The yellow bands flanking the white are 2 inches (units) wide, and the outer bands of white flanking the yellow are 1 inch (unit) wide,
4. The total width of the arms is 10 inches (units).
E. All cloth colors are to be standard colors used for the fabrication of flags, and meeting the U.S. Flag Specifications for cotton and nylon.
Colors are: Dark Blue - Old Glory or U.S. Flag Blue; White - White; Blue - U.N. Blue; Yellow - Golden Yellow; Green - Kelly or Irish Green.
On printed or painted flags the colors shall match the following colors of the “Ameritone” color key system of the Ameritone Color Key Corporation, 18414 South Santa Fe Avenue, Compton, California 90221.
All colors are in Color Key Group No. 1: Dark Blue - No. 117A - Alexandria Blue; White - No. 144H - Antique White; Blue - No. 118B - Gaiety; Yellow - No. 136A - Basket of Gold; Green - No. 123A - Hacienda.
1.06.020 Requirements for the Official Flag of the City When Displayed Outdoors from Pole or Staff and for Miniature Flags Wherever Displayed.
(Added by Ordinance No. 132219; passed Feb. 18, effective March 22, 1971.)
A. When displayed outdoors from a pole or staff, the City flag and miniature copies thereof, wherever displayed, may eliminate the canton of blue and the seal of yellow required in Section 1.06.010, and the green of the remaining field may be substituted for the blue canton and the yellow seal. Except for miniature flags, this exception will not apply to a flag displayed inside a building or used for parade purposes.
B. Miniature flag defined. A miniature flag is not to exceed 9 inches in length and all proportions in relation to the length must comply with the requirements of Section 1.06.010.
CHAPTER 1.07
DOCUMENTATION OF
RULES AND POLICIES
(Added by Ordinance No 175959
effective October 26, 2001.)
Sections:
1.07.010 Purpose.
1.07.020 Definitions.
1.07.030 Creation of Portland Policy Documents.
1.07.040 Creation of Index.
1.07.050 Publication on the Internet.
1.07.060 Submission of PPD Documents to Auditor for Filing.
1.07.070 Format for PPD Documents.
1.07.080 Status of PPD Documents.
1.07.090 Other City Documents Not Affected.
1.07.010 Purpose.
The purpose of this Chapter is to establish a procedure by which formally adopted policies and administrative rules are collected and maintained in a format that provides easy access for the public. The repository created by this chapter supplements other resources that are maintained independently, such as the Portland City Code and the Portland Comprehensive Plan.
1.07.020 Definitions.
As used in this Chapter, the following definitions apply:
A. “Binding City Policy” means statements of the City Council, expressed in a resolution or ordinance, and that have binding effect or serve as mandatory approval criteria for future decision-making. Such resolutions or ordinances, if adopted after October 26, 2001, must state in their text that they are “Binding City Policy.” Examples include policies establishing requirements for City employees or other matters regulating the City’s budget and internal management. This category of policies excludes Comprehensive Plan Policies, which are organized separately.
B. “Non-binding City Policy” means a statement of a City Council’s opinion that does not have binding effect or serve as mandatory approval criteria for future decision-making. Such resolutions or ordinances, if adopted after October 26, 2001, must state in their text that they are “Non-Binding City Policy.” Examples include statements urging support for charitable or political efforts and statements encouraging civic involvement.
C. “Administrative rule” means binding requirements, regulations or procedures that are formally adopted by the City Council or a City official pursuant to rule-making authority expressly delegated by the Council. Administrative rule making authority must be adopted by Binding Resolution or Ordinance. An administrative rule adopted after October 26, 2001 must state in its text that it is an “Administrative Rule.”
D. “Bureau Policy” means a requirement or procedure adopted by a Bureau, Department or Office in the absence of formally delegated rule-making authority that has binding effect on the Bureau, Department or Office. Examples include bureau-specific work rules and administrative procedures. Bureau policies are maintained and documented by the individual bureau, department or office.
E. “Formally adopted” means adopted by City Council or by another City official pursuant to procedures contained in a delegation of authority from the City Council.
F. “Comprehensive Plan Policy” means a policy that relates to the exercise of the City’s zoning and land use responsibilities. Comprehensive plan policies are organized and maintained within the framework of the City’s Comprehensive Plan.
G. “Legislation” means a municipal law, enacted by ordinance. Legislation is codified and maintained separately in the Portland City Code.
1.07.030 Creation of Portland Policy Documents repository.
The Auditor shall retain a copy of all binding city policies, non-binding city policies, and administrative rules. Those documents shall be placed in a repository to be known as the Portland Policy Documents (“PPD”). The PPD shall be available during normal working hours of the Auditor’s Office and via Internet. Costs for providing copies or other services shall be recovered according to the standard practice of the Auditor’s Office.
1.07.040 Creation of Index.
The Auditor shall create an index of documents in the PPD, organized by subject matter and by any additional methods deemed appropriate by the Auditor, to assist citizens with identifying and locating documents. The Auditor may also, at his or her discretion, provide automated tools for searching documents.
1.07.050 Publication to the Internet.
By January 1, 2002, the Auditor shall publish documents in the PPD to the Internet in the same manner as the Code. Documents published to the internet shall be kept current to the extent the Auditor has staff available for that purpose; however, documents published to the internet are provided only as a resource and do not constitute the official repository required by this Chapter.
1.07.060 Submission of Documents to Auditor for Filing in the PPD.
A. As of November 1, 2001, all bureaus that adopt or amend documents required to be retained in the PPD shall submit a copy of those newly adopted or amended documents to the Auditor for inclusion in the PPD. It shall be the responsibility of each City official adopting or amending such documents to furnish the Auditor with a copy of any new or amended documents, including information concerning any items that are repealed, within 2 weeks of such adoption, amendment or repeal.
B. As of July 1, 2003, all documents in the categories listed in section 1.07.030 must be filed with the Auditor for inclusion in the PPD to be in effect.
C. All documents submitted for inclusion in the PPD shall be submitted in both paper and electronic form, using the format specified by the Auditor.
1.07.070 Format for PPD.
Although retaining flexibility in the format of individual policy documents is preferred, the Auditor is authorized to establish a standard format for documents that are retained in the PPD, to facilitate compilation and use of those documents by the public. Bureaus are authorized to reformat documents to comply with the Auditor’s requirements without engaging in rulemaking procedures, so long as the reformatting does not result in substantive changes.
1.07.080 Status of PPD.
Documents kept in the PPD are not legislation. Rules and policies establishing requirements for City employees or other matters regulating the City’s budget and internal management are binding on City bureaus and employees. Administrative rules are binding pursuant to the delegation of authority under which the rules were adopted. Documents in the repository are not land use decisions and do not in any manner constitute criteria for future decisions in the land use context. After July 1, 2003, policies and administrative rules defined in 1.07.020 A., B., C. that were previously adopted by the City Council or other City official but not filed in the PPD will be null and void.
1.07.090 Other City Documents Not Affected.
Documents required to be filed in the PPD represent a small percentage of the documents used in the performance of the City’s business. Nothing in this Chapter is intended or shall be construed as limiting the availability or effect of documents that are not required to be filed in the PPD.
Chapter 1.08
SERVICE OF NOTICE
1.08.010 Methods - Proof.
Wherever notice is required to be given under a provision of the Municipal Code such notice may be given either by personal delivery thereof to the person to be notified or by disposition in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of disposition in the post office. Whenever a different method of serving notice is prescribed in the Municipal Code for a specific purpose, all notices for such purpose shall be given as prescribed in such Code. Proof of giving any notice may be made by the certificate of any officer or employee of the City or by affidavit of any person over the age of 18 years which shows service in conformity with the provisions of the Municipal Code or of any other law applicable to the subject matter concerned.