City Auditor - City Recorder - City Code - Title 17 - Public Improvements (March 1999 version)

“Person” as used in this Title means any individual, individuals, copartnership, firm, association, or corporation of any kind or nature, whether of foreign or domestic origin.

The use of a “pronoun” of any gender includes masculine, feminine or neuter gender.

“City Engineer” means the duly appointed City Engineer, or lawfully appointed subordinate of the City Engineer acting under his orders.

The term “sewer” as used in this Title means any sewer as defined in the City Charter.

The term “street” as used in this Title, means any street as defined in the City Charter, including all area between property lines, and area dedicated to street use.

“Local improvement” means an improvement of, on, over or under property owned or controlled by the public, by construction, reconstruction, remodeling, repair or replacement, when the improvement is determined by the Council to confer a special and peculiar benefit on certain properties, and such properties are to be charged through assessment all or a portion of the improvement cost.

(Amended by Ordinance No. 151100, effective February 12, 1981.) “Public improvement” means an improvement of, on, over or under property owned or controlled by the public, or property to be controlled by the public upon plat and easement recording for approved subdivision or planned unit developments, by construction, reconstruction, remodeling, repair or replacement, when no property is intended to be charged through assessment any portion of the improvement cost.

(Added by Ordinance No. 144020; amended by 146587 and 151643; effective July 1, 1981.) The term “engineer’s estimate” as used in this Title refers to the calculation of anticipated total dollar cost of the construction of an improvement project as determined by the City Engineer. The estimate is used in determining the face value of performance bonds where applicable.

Whenever the Council deems it expedient, it may order an improvement and when the Council determines that such improvement will afford a special and peculiar benefit to property within a particular district, different in kind or degree from that afforded to the general public, the Council shall classify it as a local improvement, and provide for payment of all or a portion of the cost thereof by levy and collection of local assessments on the property benefitted.

Charter provisions applicable to local improvements shall be followed by the City except in situations where there are alternative or conflicting procedures among State law, the Charter, or City Code. In this situation, the procedure which is most advantageous to the most number of property owners within the district shall be applied.

In any public place, or within any street, parallel streets, or series of such streets and intersecting street areas, the scope of a local improvement is:

A. A street improvement may include grading or regrading, excavating, filling, surfacing or resurfacing by any material, graveling or regraveling, installation of curbs, crosswalks, sidewalks, street drainage systems and storm sewers for street drainage, overpasses, underpasses, bridge work relating to a street or pedestrian way, and any other roadway improvement or reconstruction, or any portion or combination thereof, within any street area in the City;

B. A sewer improvement means the installation of a sewer as defined in the Charter for the disposal of sanitary sewage or for drainage including storm water drainage, or a combination thereof, or a system including separate sewers for both purposes, and for water course improvement or flood control as set forth in the Charter. Facilities for drainage of streets are not deemed a storm sewer if included within a street improvement.

C. A water improvement means the installation, replacement, or repair of mains, pipes, hydrants, meters, or other components of the system for the delivery and measurement of water.

D. A lighting district for a special street lighting system may include any of the purposes and items set forth in Section 9-702 of the City Charter or any combination thereof;

E. Other local improvements may include any purpose or item or combination of purposes and items mentioned in the Charter or statute or by general ordinance;

F. Property or interest therein to be acquired as a part of the cost of a local improvement shall be deemed public property for the purpose of such local improvement. Property outside the limits of the City shall be deemed public property for the purpose of a local improvement to the extent that the City is authorized by statute to locate all or a portion of such local improvement outside the City.

Local improvement proceedings are instituted whenever a petition by property owners for the construction of a local improvement, containing the signatures of the owners of a majority of the area which will probably be benefitted by the proposed improvement, has been filed with the City Engineer. If a valid petition has not been filed, but the Council determines that an improvement is necessary and should be constructed, it shall institute the improvement by adopting a resolution directing the preparation of the plans and specifications by the City Engineer. Where a sewer local improvement is ordered pursuant to an Environmental Quality Commission Order and a sewer plan has been developed and adopted by the City Council, preparation of the construction plans and specifications for that improvement may begin without action by the City Council.

(Amended by Ordinance No. 167833, effective June 29, 1994.) The City Engineer shall review the proposed local improvement to determine if the signers of the petition for the proposed improvement represent more than 50 percent by the area of the property in the proposed district, to identify delinquencies in taxes or City liens in the proposed district, and to determine the bonding capacities of the properties within the proposed district. Upon completion of this review, the City Engineer shall submit valid petitions together with a summary of his or her findings to the City Auditor.

(Amended by Ordinance No. 167833, effective June 29, 1994.) After the petition has been filed with the City Auditor or the Council has adopted a resolution to institute local improvement district proceedings, the City Engineer shall prepare or procure plans, engineer’s estimates and specifications, and recommend by attached map or perimeter description the outer boundaries of the district which will probably be benefitted by the improvement.

The Council shall have final determination of the kind and character of the local improvement, its location and extent, materials to be used, and all matters contained in the plans and specifications. The Council may direct the City Engineer to revise or modify his or her plans and specifications and to make corresponding determination of a revised cost estimate. The Council shall also have final determination of the boundaries of the district which it considers will probably be benefitted by the proposed improvement and which is to be assessed for the cost thereof. Possibility or likelihood that some property contained within the perimeter description of the proposed assessment district may not be benefitted by the proposed improvement shall not invalidate the district description, and any such condition may be reflected in subsequent assessments. If the Council determines that some other construction, such as installation of water lines, sewer lines prior to a street improvement, installation of fire hydrants, utility lines or conduits, conduits for underground service for street lights, or any other underground construction, should precede the particular proposed improvement, then the Council may suspend the proceedings for the proposed improvement until such construction has been started or completed. If and when the Council determines that the proceedings for the proposed improvement should go forward, the Council may adopt a resolution stating its intention to proceed with the proposed improvement. The resolution of intention to construct the improvement shall contain the name or designation of the improvement, the location of the improvement if not sufficiently shown by the name, the general character of the proposed improvement, the portion of total cost, if any, to be paid by or through the City as contribution to the cost, a perimeter description of the proposed assessment district, the engineer’s estimate of the cost of the improvement, the time expected to be allowed for construction, and direction to the City Auditor to publish the resolution.

A. The Auditor shall publish the resolution of intention to proceed with the proposed improvement in accordance with the requirements of the Charter, by at least three (3) successive publications in the City official newspaper.

B. Within 5 days after the first publication of the Council’s intention to construct an improvement as set forth in Subsection A above, the City Engineer shall cause to be posted conspicuously on the street or streets within the proposed assessment district, at least two notices headed “Notice of Proposed Improvement” in letters not less than 1 inch in height, and the notices shall contain in legible characters a copy of the resolution of the Council and the date of its adoption, and the City Engineer shall file with the City Auditor an affidavit of the posting of such notices, stating therein the date when and places where the same have been posted.

C. On the date of the first publication as set forth in Subsection A of this Section and no less than 14 days prior to the public hearing on the proposed improvement, the Auditor shall mail to each property owner within the assessment district set forth in the resolution of intention, a notice containing the date of the notice, the name or Title of the proposed improvement, the total estimated cost of the improvement from the engineer’s estimate, the description of the owner’s property, the general character of the proposed improvement, the estimated assessment based upon estimated cost for the particular property, the date of the last day for filing remonstrances, and the date, time, and place of hearing upon the proposed improvement.

D. No record need be kept of the mailing of any notice in this Ordinance, and the failure to mail or a mistake in the mailing of, or mistake in, any such notice shall not be fatal when notice is posted or published as herein required.

Property owners may remonstrate in writing against the proposed improvement. The remonstrance must be received by the City Auditor no less than 7 days prior to the public hearing on the proposed assessment. The remonstrance shall state the reasons of objection. Any person acting as agent or Attorney with power to act in signing the remonstrance shall, in addition to describing the property affected, file with the remonstrance a copy in writing of the authority to represent the owner or owners of property.

The Council shall hold a public hearing on the proposed improvement no less than 14 days from the date notice was deposited in the mail. At such hearing remonstrators and persons favoring the improvement shall be entitled to be heard. At such hearing, the Council may discontinue the proceedings, may direct a modification of its resolution of intention or may overrule the remonstrances if the City retains jurisdiction as hereinafter set forth. At such hearing the Council may direct a modification of the plans and specifications by cutting down or enlarging the scope of the improvement, by cutting down or enlarging the assessment district which it deems will be benefitted by the improvement, or make such other modifications in the proceedings as it finds reasonable. If the Council modifies the scope of the improvement so that assessment is likely to be increased upon one or more properties, or if the Council enlarges the assessment district, then a new resolution of intention, including such modification, shall be prepared, new estimates made and new notices shall be sent to the property owners within the proposed district, and another hearing shall be held. However, no new publication or posting shall be required. In the event of modification which meets the objection of any remonstrance, then thereafter such remonstrance shall not be counted as such unless renewed following such modification.

In the case of a street improvement, an off-street parking facility, a special street lighting improvement or other local improvement fixed by the Council to come within the same category, if remonstrances are received from owners of 60 percent of the property within the proposed assessment district, the Council shall have no further jurisdiction in the matter for a period of 6 months unless the owners of one-half or more of the property affected as aforesaid shall within such time subsequently petition therefor. Otherwise, the Council has jurisdiction to proceed. In all other cases, including sewer improvements, fire stops and other improvements fixed by the Council to be in such category, the Council may overrule any and all remonstrances, and may take further procedures for the improvement as necessary or appropriate for the public health or safety.

Within 3 months from the close of the public hearing on remonstrances following the resolution of intention or the modification thereof, if the Council retains jurisdiction as hereinabove set forth, the Council may pass a Time and Manner Ordinance relating to the improvement. The Ordinance shall authorize advertising for bids to construct the improvement in accordance with the plans and specifications, and shall prescribe the time for beginning such construction and completing the same.

Following the opening of bids and determination of the lowest responsible bidder thereon, the Council may enter into a contract with such bidder for the construction of the improvement. In the case of a street improvement or other improvement in that category, as set forth in this Chapter on jurisdiction to proceed or fixed by the Council as in that category, the contract shall be on the basis of the plans and specifications adopted. In the case of a sewer improvement or other improvement in that category, the contract shall be in substantial accordance with the plans and specifications adopted. In lieu thereof, or if no bids are received, the Council may provide for the construction by a contract with another unit of government, a City bureau, or by direct employment of labor therefor. After execution of contract and when contract documents are complete, the City Engineer may direct the contractor to proceed, as he or she finds appropriate.

A. After the contractor notifies the City Engineer that the work of constructing the local improvement has been completed satisfactorily, the City Engineer shall prepare a certificate of completion and his or her final engineer’s estimate showing the total cost of all work performed by the contractor under the contract. The certificate of completion and final engineer’s estimate shall be filed with the City Auditor.

B. The Auditor shall publish a notice of completion three (3) times in the City official newspaper stating in the notice the date when the matter will appear on the Council Calendar for consideration.

C. Any property owner within the assessment district may file in writing with the City Auditor his or her remonstrance against City acceptance of the work up to the date of hearing.

The City Council may consider any remonstrance filed against acceptance of a local improvement and may order corrections of the work. The Council at the time of the hearing or after corrections have been made, may approve the certificate of completion, which approval shall be deemed acceptance by the City of the legal improvement work.

After a local improvement has been accepted by the Council as elsewhere provided in Chapter 17.08 the Auditor shall determine the total cost of the improvement, in accordance with the provisions of the Charter relating thereto.

A. Engineering performed by the City in connection with local improvements shall be charged at the rate of 100 percent of the direct cost of services performed computed in accordance with the provisions of Chapter 5.48.030. A statement of the actual engineering costs shall be prepared by the Engineer.

B. The following schedule shall be used for determining the charge to be made by the City Auditor for City Auditor’s Office administrative services and general City administrative services in connection with local improvements:

C. The project creation fee and assessment charge set forth in B above shall be applied to each local improvement project for which the Council has adopted an ordinance to form the project on or after March 18, 1998. The billing fee shall be effective immediately upon adoption of new interest rates based on the 1998 Series A Limited Tax Improvement Bond sale and shall apply to all existing and future lien accounts in the Docket of City Liens.

Whenever any local improvement, any part of the cost of which is to be assessed upon the property benefitted thereby, is completed in whole, or in such part that the cost of the whole can be determined and the City Engineer has filed his or her estimate of the total cost of the contractor’s work, the City Auditor shall prepare an estimated assessment by apportioning the cost of the improvement upon the lots, parts of lots, and parcels of land, including any land owned by the City, which is benefitted by the improvement and within the assessment district fixed by the Council. If the Council has determined that a portion of the total cost of the improvement is to be paid from public funds, other than the benefit assessment to be imposed upon land owned by the City and lying within the assessment district fixed by the Council, the Auditor shall deduct from the total cost of the improvement such allocation of costs to public funds theretofore provided by the Council and shall apportion the remainder of such total cost on the properties within the assessment district. When the Auditor has determined what he or she deems a just apportionment of said cost or remainder thereof in accordance with the special and peculiar benefits derived or to be derived by each lot, part thereof, or parcel of land within the district, he or she shall list the various lots, parts thereof and the applicable apportionment of cost, which shall be deemed the proposed assessment. Such proposed assessment shall be filed with the City Council.

A. No less than 14 days prior to the public hearing on the proposed assessment, the Auditor shall mail a notice to the owner of each parcel of land or to the owner’s agent as shown in the County tax record. The notice shall state the amount of the proposed assessment, the deadline and manner for filing remonstrances to the proposed assessment, and the date, time and place of the hearing.

B. Notice shall also be given by publication. The notice shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks.

A. Any owner of property proposed to be assessed a share of the cost of a local improvement may object to the proposed assessment by filing an objection in writing with the City Auditor. The objection shall be filed no less than 7 days prior to the hearing by Council on the proposed assessment. It shall set forth the grounds of the objection.

B. The Council shall hold a hearing on any such remonstrances on the date set forth in the notice and at such time shall consider the remonstrances and any objections made by the remonstrators at the hearing. The hearing may be continued as the Council may find appropriate.

C. At the hearing the Council shall determine the amount to be assessed upon each lot, portion of lot or parcel of property within the assessment district, which amount does not exceed the special and peculiar benefits accruing to such property from the improvement and the sum of which amount and other amounts assessed against properties within the assessment district do not exceed the total cost of the improvement. The amounts of assessments determined by the Council need not be the amounts of the proposed assessments.

The City Council may pass an assessing ordinance, effective immediately upon passage as prescribed in the City Charter, which shall set forth the assessments against the respective properties within the assessment district. Upon such passage the City Auditor shall enter the assessments in the docket of City liens.

After an assessment has been entered in the lien docket, the Auditor shall send a bill for the assessment by mail to each person whose property is assessed or to the owner’s agent as shown in the County tax record.

The City Council may provide for the payment into the particular local improvement assessment fund of any share allocated by the Council to be paid from public funds, and also any assessments imposed by it against City owned property.

If the total sum assessed for local improvement is found to be insufficient to defray the total cost of the improvement, whether resulting from mistake, from settlement of contractor’s claims, cost of acquiring land or interests in land or some other cause, and if the amount assessed to a parcel of land within the district is found to be less than the benefits accruing to it, the Council shall determine the deficit and spread the assessment therefor upon that land. The procedure shall be substantially the same as for an initial assessment.

If the total cost of an improvement is found to be less than the total sum previously assessed therefor, the surplus shall be apportioned and paid in accordance with Charter provisions.

Whenever a reassessment is permitted under Charter provisions relating thereto, a reassessment may be made by the Council as prescribed in the Charter.

A mistake in assessment or entry thereof in the lien docket may be corrected as prescribed by the Charter. In case of overpayment because of such mistake or otherwise, the person who paid such excess or his or her legal representative, heirs or assigns, is entitled to repayment of the same by warrant drawn upon the fund receiving such overpayment.

A. The City shall give financial assistance to eligible property within sewer local improvement districts and properties having sewer system development charges based on the provisions of Exhibits B and C of Ordinance No. 165188, dated March 11, 1992.

B. If the City determines at any time that the request for financial assistance was based on false representations by the property owner, the City shall revoke the financial assistance after notice and an opportunity for a hearing which determines that the facts were false.

C. When revoking financial assistance, the City shall adjust the assessment or charge to restore the full amount of the assessment or charge, as recorded prior to the giving of financial assistance, plus interest, penalties and the costs associated with giving and revoking financial assistance, and less any payments received from the property owner. A civil penalty of up to $500 may be imposed.

D. The City Auditor shall adopt rules of procedure governing the notice, hearings process and conditions for charging a civil penalty. Contested cases shall be heard by the Code Hearings Officer.

1. The City Auditor shall conduct a public review process before adopting rules of procedure to implement this section. Not less than ten days and not more than thirty days before such public review process, notice shall be given by publication in a newspaper of general publication. Such notice shall include the place, time, date and purpose of the public review process, and the location at which copies of the full text of the proposed rules may be obtained.

2. During the public review, a designee of the City Auditor shall hear testimony or receive written comment concerning the proposed rules. The City Auditor shall review the recommendations of his or her designee, taking into consideration the comments received during the public review process and shall either adopt the proposal, modify or reject it. If a substantial modification is made, additional public review shall be conducted, but no additional notice shall be required if such additional review is announced at the meeting at which the modification is made. Unless otherwise stated, all rules shall be effective upon adoption by the City Auditor and shall be filed in the Office of the City Auditor.

3. Notwithstanding subsections 1 and 2 of this section, an interim rule may be adopted without prior notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, including the specific reasons for such prejudice. Any rule adopted pursuant to this subsection shall be effective for a period no longer than 180 days.

A. A lien against the real property in favor of the City may be segregated on the application of the owner(s), subject to the provisions of this section and any rules adopted by the Council. Proof of ownership must be provided by the applicant when the applicant is not the owner of record as shown on the county tax roll.

2. The names of the owners of each tract, and the name of each person who will own each parcel should the segregation be approved; and

3. A certificate from the County Assessor showing the assessed valuation of each tract as of January 1 of the year in which the segregation is requested, if available; otherwise, as of January 1 of the preceding year.

C. No segregation shall be made unless each part of the original tract of land after the segregation has a true cash value, as determined from the certificate of the county assessor, of 120% or more of the amount of the lien as to each segregated tract concerned.

D. The City Auditor shall compute a segregation of the lien against the real property on the same basis as it was originally computed and apportioned and shall record the segregation in the lien docket.

E. A segregation for the purpose of a lease shall remain the primary obligation of the property owner.

F. No assessment shall be segregated until all outstanding delinquent City liens on the property are brought current.

G. The City Auditor shall charge a fee of $25 plus $10 per tract for each lot created in excess of two for the segregation of assessments.

H. Segregation of assessments shall be approved by the City Council by ordinance. The ordinance shall describe the parcels, the amount of the assessment on each parcel, the owner of the parcels, and other information as required to keep a complete record of assessments and payments. A copy of the ordinance shall be maintained on file with the City Auditor.

A. Within 30 days of the entry in the lien docket a property owner may apply to pay the assessment, deficit assessment or re-assessment or the amount remaining unpaid by installments as stated in the signed installment payment contract. The sum to be bonded must equal or exceed the sum specified in ORS 223.210. The contract shall be in accordance with the terms and provisions of ORS 223.215. The contract shall be received by the Auditor subject to the limitations prescribed in this Section. The City may accept contracts after the 30-day period stated in this Section under procedures established by the City Auditor.

B. If the sum assessed together with all unpaid sums then outstanding as assessments against the property exceeds double the assessed valuation of the property as shown on the latest county tax rolls, then the Auditor shall reject the application unless the excess is paid in cash with the application and the application is made for the remainder only.

C. If the installment payment contract has been received and is in force, the Treasurer may accept prepayments of any installments without penalty for the prepayment. Whenever an installment is paid, accrued interest to the due date of the installment on the unpaid assessment balance, plus interest on the past due installment if any, shall be paid with the installment.

D. In addition to the procedures provided for in Subsections A. through C above, the procedures for bonding improvement assessments authorized by the Bancroft Bonding Act (ORS 223.205, 223.930) may be followed for improvement assessments when the Council so directs in the ordinance making the assessment.

E. For purposes of this Section the term “property owner” means the owner of the Title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll in the Office of the County Assessor.

F. Interest rates for bonded assessments shall be set using an adjusted rate mechanism. The City Council shall set an interim rate by ordinance, which shall be applied to the unpaid balance until improvement bonds are sold to finance the bonded assessments. Upon sale of bonds, the Auditor shall adjust the interest rate to the rate received by the City on the bond issue (expressed as true interest cost) plus a fee to cover insurance and discount on the bonds. All subsequent payments will be made at the new adjusted rate. Property owners who sign an installment contract for systems development charges shall receive the adjusted rate.

G. Bond financing fees shall be charged to each installment contract to defray the costs of financing as follows:

The City may charge a bond reserve fee on each installment payment contract to facilitate the sale of the improvement bonds. Proceeds from the bond reserve fee shall be dedicated to a reserve account and used as security for the improvement bonds that the City sells to finance the installment payment contract. Any balances in the reserve account shall be returned to owners of the property at the

time all bond principal and interest costs are paid and the bonds are retired. A separate bond reserve account shall be created for each bond sale as required by the terms of the sale.

H. The Auditor shall charge a billing and service charge which shall be added to each statement and which shall be in addition to principal, interest, penalties, costs and other fees. This fee shall be $1.80 effective September 29, 1990.

A. If the Council specifically approves the same, a property owner who has bonded an assessment a portion of which remains unpaid, or a property owner whose assessment on such property has been subdivided as provided in the Charter, may apply for a rebonding if all taxes then due have been paid upon the property, no outstanding liens have been filed against the property, and if all the conditions applicable to initial bonding are met at the time of rebonding application. The rebonding application may include all unpaid assessment amounts remaining due and unpaid. All provisions relating to rebonding contained in the statutes of the State shall be applicable.

B. As used in this Section the term “property owner” shall mean the owner of the Title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll in the Office of the County Assessor.

After 30 days from the date of entry in the lien docket of a sum assessed, whether by initial assessment, deficit assessment or reassessment, the amount of the delinquency together with interest and any costs may be collected as provided in the City Charter.

A. New development within the City of Portland contributes to the need for capacity increases for parks and recreation facilities and, therefore, new development should contribute to the funding for such capacity increasing improvements. This SDC will fund a portion of the needed capacity increases for urban, neighborhood, and community parks, trails, and habitat facilities as identified in the City of Portland Parks and Recreation SDC Capital Improvement Plan (SDC-CIP).

B. ORS 223.297 through 223.314 grant the City authority to impose a SDC to equitably spread the costs of essential capacity increasing capital improvements to new development.

C. The SDC is incurred upon the application to develop property for a specific use or at a specific density. The decision regarding uses, densities, and/or intensities causes direct and proportional changes in the amount of the incurred charge. The SDC is separate from or other fees provided by law or imposed as a condition of development. It is a fee for service because it contemplates a development’s receipt of parks and recreation services based upon the nature of that development.

D. The SDC imposed by this Chapter is not tax on property or on a property owner as a direct consequence of ownership of property within the meaning of Section 11b, Article XI of the Oregon Constitution or legislation implementing that section. This Chapter does not shift, transfer, or convert a government product or service, wholly or partially paid for by ad valorem property taxes, to be paid for by a fee, assessment or other charge, within the meaning or Section 11g, Article XI of the Oregon Constitution.

E. The funding provided by this Chapter constitutes a mandatory collection method based upon the guidelines set forth in ORS 223.297 through 223.314 to assure the construction of capacity increasing improvements to parks and recreation facilities as contemplated in Park Futures, A Master Plan for Portland’s Park System, City of Portland Parks and Recreation Capital Improvement Program, and the list of projects, referred to as the Parks and Recreation SDC-CIP, to be funded with money collected under this Chapter and incorporated as an Appendix to the attached City of Portland Parks and Recreation System Development Charges Methodology Report and Rate Study, (dated January 21, 1998). The Parks and Recreation SDC-CIP is not to be confused with the City of Portland Parks and Recreation Capital Improvement Program.

F. This Chapter is intended only to be a financing mechanism for a portion of the capacity increases needed for parks and recreation facilities associated with new development and does not represent a means to fund maintenance of existing facilities or the elimination of existing deficiencies.

G. The City hereby adopts the report entitled “City of Portland Parks and Recreation System Development Charges Methodology Report and Rate Study” (dated January 21, 1998), and incorporates herein by this reference the assumptions, conclusions and findings in the report which refer to the determination of anticipated costs of capital improvements required to accommodate growth, and the rates for the parks and recreation SDC to finance these capital improvements. This report is hereinafter referred to as “SDC Methodology Report and Rate Study” and is attached to Ordinance No. 172614 passed by Council on August 19, 1998 as Exhibit B. The City Council may from time to time amend or adopt a new SDC Methodology Report and Rate Study by ordinance.

A. “Accessory Dwelling Unit” means a second dwelling unit created on a single lot with a single-family or a manufactured housing dwelling unit. The second unit is created auxiliary to, and is always smaller than the single family or manufactured housing unit.

B. “Administrator” means that person, or designee, appointed by the City Council to manage and implement this Parks and Recreation SDC program.

C. “Alternative System Development Charge” means an SDC established pursuant to Section 17.13.080 of this Chapter.

D. “Applicant” means the person who applies for a residential building permit.

E. “Application” means the Parks SDC Information Form submitted at the time of application for a building permit.

F. “Building Official” means that person, or designee, certified by the State and designated as such to administer the State Building Codes for the City.

G. “Building Permit” means that permit issued by the City Building Official pursuant to the State of Oregon Structural Specialty Code Section 301 or as amended, and the State of Oregon One and Two Family Dwelling Code Section R-109 or as amended. In addition, Building Permit shall mean the Manufactured Home Installation Permit issued by the City Building Official, relating to the placement of manufactured homes in the City.

I. “Comprehensive Plan” means the City’s generalized, coordinated land use map and policy statement that interrelated all functional and natural systems and activities relating to the use of lands, including but not limited to sewer, water and transportation systems, educational and recreation facilities and natural resources and air and water quality management programs.

J. “Condition of Development Approval” is any requirement imposed on an Applicant by a City land use or limited land use decision, site plan approval or Building Permit either by operation of law, including but not limited to the City Code or Rule or regulation adopted thereunder, or a condition of approval.

K. “Construction Cost Index” means the Seattle Area Engineering News Record (ENR) Construction Cost Index.

L. “Credit” means the amount by which an Applicant may be able to reduce the SDC fee as provided in this Chapter.

M. “Development” means a building or other land construction, or making a physical change in the use of a structure or land, in a manner which increases the usage of parks and recreation capital improvements or which may contribute to the need for additional or enlarged parks and recreation capital facilities.

N. “Director” means the Director of the Bureau of Parks and Recreation for the City of Portland.

O. “Duplex” means two attached single-family dwelling units on a single lot.

P. “Dwelling Unit” means a building or a portion of a building consisting of one or more rooms which include sleeping, cooking, and plumbing facilities and are arranged and designed as living quarters for one family or household.

Q. “Manufactured Housing” means a Dwelling Unit constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal Manufactured Housing construction and safety standards and regulations in effect at the time of construction.

R. “Manufactured Housing Park” means any place where four or more Manufactured Housing Dwelling Units are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person. “Manufactured Housing Park” does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one Manufactured Housing Dwelling Unit per lot.

S. “Minimum standards” for the City’s park requirements are described and quantified in Park Futures and the “SDC Methodology Report and Residential SDC Rate Study.”

U. “New Development” means Development for which a Building Permit is required.

V. “Non-profit” means an entity that is certified as tax-exempt under Section 501(c)(3) of the Internal Revenue Code.

W. “Parks and Recreation SDC Capital Improvement Plan” also called the Parks and Recreation SDC-CIP, means the City program set forth in the “SDC Methodology Report and Rate Study” that identifies all of the major parks and recreation system and facilities capacity improvements projected to be funded with Parks and Recreation SDC revenues.

Y. “Previous use” means the most intensive use conducted at a particular property within the past 18 months from the date of Application. Where the site was used simultaneously for several different uses (mixed use) then, for the purposes of this Chapter, all of the specific use categories shall be considered. Where one us of the site accounted for 70% or more of the total area used, then that dominant use will be deemed to be the sole Previous Use of the site. Where the Previous Use is composed of a primary use with one or more ancillary uses that support the primary use and are owned and operated in common, that primary use shall be deemed to be the sole use of the property for purposes of this Chapter.

Z. “Proposed use” means the use proposed by the Applicant for the New Development. Where the Applicant proposes several different uses (mixed use) for the New Development then, for purposes of this Chapter, all of the specific use categories shall be considered. Where the Proposed Use is composed of a primary use with one or more ancillary uses that support the primary Proposed Use and are owned and operated in common, that primary use shall be deemed to be the sole Proposed Use of the property for purposes of this Chapter.

AA. “Qualified Public Improvement” means any parks and recreation system capital facility or conveyance of an interest in real property that:

2. pertains only to the park categories (as defined in Park Futures): urban, neighborhood or community parks, trails, or habitat. If the proposed donation is a habitat, it must be adjacent to a Portland Parks property, or it must be a minimum of 3 contiguous acres with at least 66% of its area covered by the City’s environmental overlay zone. If the proposed donation is a trail, it must be designated as a recreational trail on the City’s Comprehensive Plan;

a. Is a capital improvement listed on the City’s Parks and recreation SDC-CIP or two year funded list of City of Portland Parks and Recreation Capital Improvement Program, regardless of the improvement’s proximity to the Applicant’s New Development site;

b. Is a public recreational trail improvement within the Willamette River Greenway overlay zone as designated on the Official Zoning Maps within the Central City plan boundary, and that exceeds all development standards currently contained in PCC Title 33 (Chapter 33.440, 33.272, and 33.248). Credits will be given for improvements which will result in enhancement for habitat or public recreational use on the landward side of the top of the bank. Credits will be valued at 100% of the value of Real Property Interests that ensures perpetual public access (subject to reasonable temporary closures) and/or improvements that occur on the land-ward side of the required 25’ minimum Greenway setback width, if the increase of width is at least 5’. The credit transfer mechanism described in 17.13.070 E is applicable to Real Property Interests at 25% of its appraised value. The use of Greenway credit transfers are valid only for New Development within the Central City plan boundary.

Reasonable improvements within the required 25’ minimum Greenway setback shall also receive full Credit only for improvements that exceed the current basic required standards described in PCC Title 33 (Chapters 33.440, 33.272, and 33.248) or landscaping or mitigation plantings that are required as a Condition of Development Approval. The Credit transfer mechanism described in 17.13.070 E is not applicable to Greenway improvements. Greenway improvement SDC Credits may be used only on the New Development that included the Greenway improvement, including subsequent phases of multi-phase Development.

c. Is a conveyance of Real Property Interests or capital improvements for public recreational use that is specified in a development agreement between the City and a developer;

d. An improvement or conveyance of Real Property Interests for parks and recreational use which does not otherwise meet the requirements of this section, and in the opinion of the Director of Parks in his or her reasonable discretion the improvement or conveyance serves the City’s public parks and recreation needs as well or better than the improvements or conveyance described above.

BB. “Real Property Interests” means fee title, easement, or other permanent interests in real property as documented in a written conveyance.

CC. “Remodel” or “remodeling” means to alter, expand or replace an existing structure.

DD. “Row house” means an attached single-family Dwelling Unit on a single lot.

EE. “Single-family housing” means one detached Dwelling Unit, or one-half of a Duplex, or one Row house, constructed on-site and located on an individual lot.

FF. “SDC Methodology Report and Residential SDC Rate Study” means the methodology report entitled City of Portland Parks and Recreation System Development Charges Methodology Report and Residential SDC Rate Study, dated January 21, 1998 and adopted as Exhibit B to this Ordinance.

GG. “Temporary use” means a construction trailer or other non-permanent structure.

For the purposes of administration and enforcement of this Chapter, unless otherwise stated in this Chapter, the following rules of construction shall apply:

A. In case of any difference of meaning or implication between the text of this Chapter and any caption, illustration, summary table, or illustrative table, the text shall control.

B. The word “shall” is always mandatory and not discretionary: the word “may” is permissive.

C. Words used in the present tense shall include the future; words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary.

D. The phrase “used for” includes “arranged for,” “designed for,” “maintained for,” or “occupied for.”

E. Where a regulation involves two or more connected items, conditions, provisions, or events:

1. “And” indicates that all the connected terms, conditions, provisions or events shall apply;

2. “Or” indicates that the connected items, conditions, or provisions or events may apply singly or in any combination.

F. The word “includes” shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

This Chapter applies to all New Development throughout the City of Portland. The amount of the Parks and Recreation SDC shall be calculated according to this section, using the rates set forth in the SDC Methodology Report & Residential SDC Study.

A. Except as otherwise provided in this Chapter, a Parks and Recreation SDC shall be imposed upon all New Development with Dwelling Units for which an Application is filed on or after the effective date of this ordinance.

B. Except as otherwise provided in this Chapter, Manufactured Housing shall be charged at the Manufactured Housing SDC rate, irrespective of location.

C. Except as otherwise provided in this Chapter, Accessory Dwelling Units shall be charged at one-half the single family housing SDC rate.

D. The Applicant shall at the time of Application provide the Administrator with the information requested on an SDC application form. If any of the Previous or Proposed Uses for the property for which the Permit is being sought is a residential use, the Applicant shall indicate the number and type (e.g., single family, multi-family, or Manufactured Housing) of residential Dwelling Units for the entire property under the Previous Use and for the Proposed Use(s) of the New Development.

E. Notwithstanding any other provision, the dollar amounts of the SDC set forth in the SDC Methodology Report and Rate Study shall on July 1st of each year be increased or decreased automatically by either the percentage indicated by the most current Seattle Area Construction Cost Index, published by the Engineering News Record, or six percent (6%) whichever is less.

All Applications must meet the application completeness requirements of the Planning Bureau and Bureau of Buildings. Where construction requires a land division, the Applicant must have final plat approval prior to submitting a Building Permit Application.

This Ordinance shall apply to all Building Permits for New Development which contain one or more residential Dwelling Units that are not yet complete as of the effective date and those which are subsequently submitted or made complete. For purposes of this Section, a complete Application shall be one for which the following documents have been submitted by the Applicant and accepted by the City:

A. For Multi-Family Housing and additions, the following documents must be submitted:

1. A completed Application form and payment of the required plan review / processing fees for the main Building Permit.

2. A 100% civil site plan that includes the information described in the handout “Site Plan Information for Commercial, Industrial and Multi-Dwelling Uses” and “Summary of Submittal Requirements - Commercial Packet.”

3. Information sufficient to construct building foundations for the proposed structure, including engineering and structural calculations, soils report, 100% construction documents for foundation.

B. For Manufactured Housing Park New Development, the following documents must be submitted:

1. A completed Application form and payment of the required plan review / processing fees for the site development permit.

2. A 100% civil site plan that includes the information described in the handout “Site Plan Information for Commercial, Industrial and Multi-Dwelling Uses” as it applies to Manufactured Housing Parks.

3. Information sufficient to construct the Manufactured Housing Park for the future placement of the manufactured homes, which could include engineering and structural calculations, soils report, 100% construction documents for foundations.

C. For changes of use or other alteration projects, the following documents must be submitted:

1. A completed Application form and payment of the required plan review / processing fees.

2. A site plan that includes the information described in the handout “Site Plan Information for Commercial, Industrial and Multi-Dwelling Uses.”

D. For new single family, separate manufactured home on an individual lot (as opposed to a manufactured home park), and Duplex construction, the following documents must be submitted:

1. A completed Application form and payment of the required plan review / processing fees.

2. A 100% civil site plan and a site plan that includes the information described in the handout “Residential One and Two Family Dwellings Building Permit Process.”

3. 100% construction drawings sufficient to construct the building, including any required soils reports, engineering calculations and drawings.

The uses listed and described in this Section shall be exempt, either partially or fully, from payment of the Parks and Recreation SDC. Any Applicant seeking an exemption under this Section shall specifically request that exemption no later than the time of the City’s completion of the final inspection. Where New Development consists of only part of one or more of the uses described in this section, only that/those portion(s) of the development which qualify under this section are eligible for an exemption. The balance of the New Development which does not qualify for any exemption under this section shall be subject to the full SDC. Should the Applicant dispute any decision by the City regarding an exemption request, the Applicant must apply for an Alternative Exemption calculation under Section 17.13.080. The Applicant has the burden of proving entitlement to any exemption so requested.

B. Hotel and motel units, shelters, group homes, assisted living facilities, nursing homes, and dormitories are fully exempt.

C. Temporary uses are fully exempt so long as the use or structure proposed in the New Development will be used for not more than 180 days in a single calendar year.

D. Low Income Housing, developed by a Non-profit organization or the Housing Authority of Portland which meets the following requirements shall be fully exempt for the Parks and Recreation SDC:

1. If rental housing, the rental rates are affordable to households earning 60% or less of the Area Median Income as annually determined by the U.S. Department of Housing and Urban Development for the Portland Metropolitan Area.

2. If owner occupied housing, the prices are affordable to households earning less than the Area Median Income as annually determined by the U.S. Department of Housing and Urban Development for the Portland Metropolitan Area.

3. For purposes of this section, affordability shall be defined by the Administrator and be consistent with other City of Portland fee waiver programs.

4. The Applicant has the burden of proving to the Administrator’s satisfaction that rents and housing prices, in fact, qualify for this exemption. In the event a qualifying Low Income Housing development fails to maintain qualifying rent or price levels, the exemption shall terminate for that development and the then applicable Parks and Recreation SDC shall be due and owing.

F. New construction or remodeling where no additional Dwelling Unit(s) are created is fully exempt.

G. New construction of accessory buildings and structures which will not create additional Dwelling Units are fully exempt.

H. For New Development which includes a mix of exempt and non-exempt forms of Development, the applicable exemption(s) shall apply only to that portion of the New Development to which the exemption applies.

(Amended by Ordinance Nos. 172732 and 172758, effective October 7, 1998.) SDC Credits:

A. The City shall grant a Credit against the Parks and Recreation SDC, which is otherwise assessed for an New Development, for any Qualified Public Improvement(s) constructed or conveyed as part of that New Development. The Applicant bears the burden of evidence and persuasion in establishing entitlement to an SDC Credit and to a particular value of SDC Credit.

B. To obtain an SDC Credit, the Applicant must specifically request a Credit prior to the City’s completion of the final inspection for the new Development. In the request, the Applicant must identify the improvement(s) for which Credit is sought and explain how the improvement(s) meet the requirements for a Qualified Public Improvement. The Applicant shall also document, with credible evidence, the value of the improvement(s) for which Credit is sought. If, in the Administrator’s opinion, the improvement(s) is a Qualified Public Improvement, and the Administrator concurs with the proposed value of the improvement(s), an SDC Credit shall be granted. The value of the SDC Credits under this section shall be determined by the Administrator based on the cost of the Qualified Public Improvement, or the value of Real Property Interests, as follows:

1. For Real Property Interests, the value shall be based upon a written appraisal of fair market value by a qualified, professional appraiser based upon comparable sales of similar property between unrelated parties in an arms-length transaction;

2. For improvements yet to be constructed, value shall be based upon the anticipated cost of construction. Any such cost estimates shall be certified by a professional architect or engineer or based on a fixed price bid from a contractor ready and able to construct the improvement(s) for which SDC Credit is sought. The City will give immediate credits based on estimates, but it will provide for a subsequent adjustment based on actual costs: a refund to the Applicant if actual costs are higher than estimated, and an additional SDC to be paid by the Applicant if actual costs are lower than estimated. The City shall inspect all completed Qualified Public Improvement projects before agreeing to honor any credits previously negotiated. The City shall limit credits to reasonable costs. Credits shall be awarded only in conjunction with an application for development;

3. For improvements already constructed, value shall be based on the actual cost of construction as verified by receipts submitted by the Applicant;

C. The Administrator will respond to the Applicant’s request in writing within 21 days of when the request is submitted. The Administrator shall provide a written explanation of the decision on the SDC Credit request.

1. The “Request for Parks SDC Credit for Qualified Public Improvement” (Form PSDC-7) and accompanying information will be sent to the Parks SDC Administration Section, who will prepare a staff report and convene the SDC Credit Review Committee. The Committee shall be composed of representatives of the following organizations:

If a vacancy occurs, the organization will nominate a replacement. Members of the committee will be nominated by these organizations and appointed by the Director of Parks and Recreation.

2. The Committee shall review each proposal and forward a recommendation, along with any minority viewpoints. The Director will make a decision within 21 days of the application.

3. Certified copies of the decision and the Committee recommendations will be transmitted to the Auditor of the City of Portland, who will file them in a special record of such decisions. All such decisions of the Director shall be accessible to the public under like terms as ordinances of the City of Portland. Any decision of the Director shall be subject to amendment, repeal, or alteration by the City Council, but any such action must take place within 30 days of the decision.

D. If the Applicant disputes the Administrator’s decision with regard to an SDC Credit request, including the amount of the Credit, the Applicant may seek an alternative SDC Credit calculation under Section 17.13.080. Any request for an Alternative SDC Credit calculation must be filed with the Administrator in writing within 10 calendar days of the written decision on the initial Credit request.

E. Where the amount of an SDC Credit approved by the Administrator under this section exceeds the amount of the Parks and Recreation SDC assessed by the City upon a New Development, the excess may be transferred at 50% of their value, except for Greenway credit transfers, which are calculated using a different formula (see Figure 11 at the end of this Title). Parks and Recreation SDC Credit Transfers shall be issued by the City for a particular dollar value to the Applicant and may be used by the Applicant or any other party to satisfy Parks and Recreation SDC requirements for any other new Development within the City, within the same sub-area, (other than credits that are placed in the PDC credit pool per an inter-agency agreement with Parks, which can be used anywhere in the City). The credit transfers may be used in whole but are not divisible, other than credits that are placed in the PDC credit pool per an inter-agency agreement with Parks. The Applicant may convey by any means and for any value a Parks and Recreation SDC Credit Transfer to any party. Credit transfers are specifically not allowed for Willamette Greenway improvements, but they are allowed for Greenway expansions at 25% of value, as described in Section 17.13.020AA2.

F. The City shall accept at face value any SDC Credit Transfer presented as full or partial payment for the Parks and Recreation SDC due on New Development. Neither the City nor any of its employees or officer shall be liable to any party for accepting a Parks and Recreation SDC Credit Transfer, approved and issued by the City under this Section, as payment for a Parks and Recreation SDC.

G. Parks and Recreation SDC Credit Transfers are void and of no value if not redeemed with the City for payment of a Parks and Recreation SDC within 10 years of the date of issuance.

H. It shall be a violation of this chapter for any person to counterfeit or forge a Parks and Recreation SDC Credit Transfer or knowingly attempt to negotiate or redeem any counterfeit or forged Parks and Recreation SDC Credit Transfer.

A. Pursuant to this section, an Applicant may request an alternative Parks and Recreation SDC rate calculation, alternative SDC Credit determination, or alternative SDC exemption, but only under the following circumstances:

1. The Applicant believes that the number of persons per Dwelling Unit resulting from the New Development is, or will be, less than the number of persons per Dwelling Unit established in the SDC Methodology Report and Residential SDC Rate Study, and for that reason, the Applicant’s SDC should be lower than that calculated by the City.

2. The Applicant believes the City improperly excluded from consideration a Qualified Public Improvement that would qualify for Credit under Section 17.13.070, or the City accepted for Credit a Qualified Public Improvement, but undervalued that improvement and therefore undervalued the Credit.

3. The Applicant believes the City improperly rejected a request for an exemption under Section 17.13.060 for which the Applicant believes it is eligible.

1. If an Applicant believes that the occupancy assumptions for the class of structures that includes New Development are inaccurate, in that the number of persons per Dwelling Unit is, or will be, less than the number of persons per Dwelling Unit established in the SDC Methodology Report and Residential SDC Rate Study, the Applicant must request an alternative SDC rate calculation, under this section, no later than the time the City completes the final inspection for the New Development. Alternative SDC rate calculations must be based on analysis of occupancy of classes of structures, not on the intended occupancy of a particular New Development. The City shall not entertain such a request filed after the City has completed the final inspection for the new Development. Upon the timely request for an alternative SDC rate calculation, the Administrator shall review the Applicant’s calculations and supporting evidence and make a determination within 21 days of submittal as to whether the Applicant’s request satisfies the requirements of this Section.

2. In support of the Alternative SDC Rate request, the Applicant must provide complete and detailed documentation, including verifiable dwelling occupancy data, analyzed and certified by a suitable and competent professional. The Applicant’s supporting documentation must rely upon generally accepted sampling methods, sources of information, cost analysis, demographics, growth projections, and techniques of analysis as a means of supporting the proposed alternative SDC rate. The proposed Alternative SDC Rate calculation shall include an explanation

with particularity why the rate established in the SDC Methodology and Rate Study does not accurately reflect the New Development’s impact on the City’s capital improvements.

3. The Administrator shall apply the Alternative SDC Rate if, in the Administrator’s opinion, the following are found:

a. The evidence and assumptions underlying the Alternative SDC Rate are reasonable, correct and credible and were gathered and analyzed in compliance with generally accepted principles and methodologies consistent with this Section, and

b. The calculation of the proposed Alternative SDC rate was by a generally accepted methodology, and

c. The proposed alternative SDC rate better or more realistically reflects the actual impact of the New Development than the rate set forth in the SDC Methodology Report and Residential SDC Rate Study.

4. If, in the Administrator’s opinion, all of the above criteria are not met, the Administrator shall provide to the Applicant (by Certified mail, return receipt requested) a written decision explaining the basis for rejecting the proposed alternative Parks and Recreation SDC Rate.

1. If an Applicant has requested an SDC Credit pursuant to Section 17.13.070, and that request has either been denied by the City or approved but at a lower value than desired, the Applicant may request an Alternative SDC Credit calculation, under this section, no later than the time the City completes the final inspection for the New Development. The City shall not entertain such a request filed after the City has completed the final inspection for the new Development. Upon the timely request for an Alternative SDC Credit calculation, the Administrator shall review the Applicant’s calculations and supporting evidence and make a determination within 21 days of submittal as to whether the Applicant’s request satisfies the requirements of this Section.

2. In support of the Alternative SDC Credit request, the Applicant must provide complete and detailed documentation, including appraisals, cost analysis or other estimates of value, analyzed and certified to by an appropriate professional, for the improvements for which the Applicant is seeking Credit. The Applicant’s supporting documentation must rely upon generally accepted sources of information, cost analysis, and techniques of analysis as a means of supporting the proposed Alternative SDC Credit.

3. The Administrator shall apply the Alternative SDC Credit if, in the Administrator’s opinion, the following are found:

a. The improvement(s) for which the SDC Credit is sought are Qualified Public Improvement(s), and

b. The evidence and assumptions underlying the Applicant’s Alternative SDC Credit request are reasonable, correct, and credible and were gathered and analyzed by an appropriate competent professional in compliance with generally accepted principles and methodologies, and

c. The proposed Alternative SDC Credit is based on realistic, credible valuation analysis.

4. If, in the Administrator’s opinion, any one or more of the above criteria is not met, the Administrator shall deny the request and provide to the Applicant (by Certified mail, return receipt requested) a written decision explaining the basis for rejecting the proposed Alternative Parks and Recreation SDC Credit proposal.

1. If an Applicant has requested a full or partial exemption under Section 17.13.060 and that request has been denied, the Applicant may request an Alternative SDC Exemption under this Section, no later than the time the City completes the final inspection for the new Development. The City shall not entertain such a request filed after the City has completed the final inspection for the New Development. Upon the timely request for an Alternative SDC Exemption, the Administrator shall review the Applicant’s request and supporting evidence and make a determination within 21 days of submittal as to whether the Applicant’s request satisfies the requirements of Section 17.13.060 for exemptions.

2. In support of the Alternative SDC Exemption request, the Applicant must provide complete and detailed documentation demonstrating that the Applicant is entitled to one of the exemptions described in Section 17.13.060.

3. The Administrator shall grant the exemption if, in the Administrator’s opinion, the Applicant has demonstrated with credible, relevant evidence that it meets the pertinent criteria in Section 17.13.060.

4. Within 21 days of the Applicant’s submission of the request, the Administrator shall provide a written decision explaining the basis for rejecting or accepting the request.

The Parks and Recreation SDC required by this Chapter to be paid is due upon issuance of the Building Permit. However, in lieu of payment of the full Parks and Recreation SDC, the Applicant may elect to pay the SDC in installments in the same manner as is authorized by ORS Chapter 223.208 for construction, extension or enlargement of a street, community water supply, storm sewer or sewerage or disposal system. If the Applicant elects to pay the SDC in installments, a lien will be placed against the property that is subject to the SDC installment Agreement entered into by the Applicant and the City on a form provided by the City, and which may provide that no payments are due for 180 days after issuance of Building Permits. In any event, the Applicant shall either pay the SDC in full or enter into an SDC Installment Agreement as provided in this Section, before the City will issue any Building Permits.

Refunds may be given by the Administrator upon finding that there was a clerical error in the calculation of the SDC. The City shall refund to the Applicant any SDC revenues not expended within ten (10) years of receipt.

A. There is created a dedicated account entitled the “Parks and Recreation SDC Account.” All monies derived from the Parks and Recreation SDC shall be placed in the Parks and Recreation SDC Account. Funds in the Parks and Recreation SDC Account shall be used solely for the purpose of providing capacity-increasing capital improvements as identified in the adopted Parks and Recreation SDC-CIP as it currently exists or a hereinafter amended, and eligible administrative costs. In this regard, SDC revenues may be used for purposes which include:

3. land and materials acquisition, including any costs of acquisition or condemnation;

5. design and construction of new drainage facilities required by the construction of parks and recreation capital improvements and structures;

10. acquisition of capital equipment that is an intrinsic part of a facility;

11. demolition that is part of the construction of any of the improvements on this list;

12. payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the City to provide money to construct or acquire parks and recreation facilities;

13. direct costs of complying with the provisions of ORS 223.297 to 223.314, including the consulting, legal, and administrative costs required for developing and updating the system development charges methodologies and capital improvement plan; and the costs of collecting and accounting for system development charges expenditures.

B. Money on deposit in the Parks and Recreation SDC Account shall not be used for:

1. any expenditure that would be classified as a maintenance or repair expense; or

2. costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements; or

C. The City may prioritize SDC-funded projects and may spend SDC revenues for growth-related projects anywhere in the City. However, during any period of twenty years, the City shall not spend less SDC revenues for neighborhood and community parks within any City parks planning sub-area than the total amount of SDC revenues collected for neighborhood and community parks within that sub-area.

A. Any person may challenge the expenditure of SDC revenues by filing a challenge to the expenditure with the Administrator within two years after the date of the disputed SDC revenue expenditure. The fee for filing such a challenge shall be $100.

B. Except where a different time for an Administrator’s decision is provided in the Chapter, all Administrator decisions shall be in writing and shall be delivered to the Applicant within 21 days of an Application or other Applicant request for an Administrator determination. Delivery shall be deemed complete upon the earlier of actual delivery to the Applicant or upon deposit by the Administrator in the mail, first class postage prepaid, addressed to the address for notice Applicant has designated in the Application. Any person may appeal any decision of the Administrator made pursuant to this Chapter to the City Hearings Officer by filing a written request with the Administrator within fourteen (14) days after the delivery of the Administrator’s written decision to the Applicant. The individual acting as the Hearings Officer will be appointed by the City Council. The fee for appealing a decision to the Hearings Officer shall be $250. The Hearings Officer shall decide an appeal within thirty (30) days of the date of the appeal to the Hearings Officer. An outline of these appeal procedures shall be included in the Administrator’s written decision. Failure to include the outline shall extend the time for appeal through fourteen (14) days after a person receives actual notice of the Administrator’s decision.

C. The decision of the Hearings Officer shall be reviewable solely under ORS 34.010 through 34.100.

D. The City shall withhold all Permits and other approvals applicable to the Applicant’s property of the New Development pending resolution of all appeals under this Chapter unless the SDC is paid in full or Applicant provides, for the pendency of the appeal, a financial guarantee or security for the charge in a form acceptable to the City Attorney.

A. No later than every two (2) years as measured from initial enactment, the City shall undertake a review to determine that sufficient money will be available to help fund the Parks and Recreation SDC-CIP identified capacity increasing facilities; to determine whether the adopted SDC rate keeps pace with inflation, whether the Parks and Recreation SDC-CIP should be modified, and to ensure that such facilities will not be over-funded by the SDC receipts.

B. In the event that during the review referred to above, it is determined an adjustment to the SDC is necessary and consistent with state law, the City Council may propose and adopt appropriately adjusted SDCs.

C. The City Council may from time to time amend or adopt a new SDC Methodology Report and Residential SDC Rate Study by ordinance.

The City shall expend SDC revenues within ten (10) years of receipt, based on the priorities in the Parks and Recreation SDC-CIP list.

The Director of the Bureau of Parks and Recreation may adopt regulations to implement the provisions of this chapter.

The City Council may, by resolution, amend its Parks and recreation SDC-CIP list as set forth in the SDC Methodology Report and Residential SDC Rate Study, from time to time to add or remove projects the City deems appropriate. The Administrator may, at any time, change the timing and sequence for completion of projects included in the Parks and Recreation SDC-CIP list.

The provisions of this Chapter are severable, and it is the intention to confer the whole or any part of the powers herein provided for. If any clause, section or provision of this Chapter shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of this Chapter shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. It is hereby declared to be the legislative intent that this Chapter would have been adopted had such an unconstitutional provision not been included herein.

The purpose of this Chapter is to fulfill the mandate of Chapter 722 Oregon Laws of 1977 (ORS 223.207 and 223.208) by providing that the rights and duties accorded the City and property owners by the laws relating to assessments and financing of local improvement districts shall also apply to assessments and financing of those charges imposed by the City that are defined by Subsections 1 (a) and (b) of Section 2, Chapter 722 Oregon Laws of 1977 (ORS 223.208 (1) (a) and (b)).

A. “System development charge” means a charge imposed pursuant to Section 17.36.020, 17.36.025, or any ordinance authorizing the imposition of any charge defined as a system development charge by Chapter 722 of Oregon Laws of 1977 as a condition to connection to the water distribution system maintained by the City’s Bureau of Water Works.

B. “Owner or property owner” means all persons who appear on the County property tax record for the property subject to the system development charge.

C. “Responsible Bureau” means the City agency, office, organization, division or bureau which is responsible for calculating and maintaining records regarding sewer system development charges.

Any owner of real property subject to a systems development charge may apply to pay the charge in installments in a manner similar to that provided for local improvement district assessments. As a condition to such application, the owner shall waive any right to challenge the validity or applicability of the charge and shall consent to the assessment of the property subject to the charge.

Payment of principal and interest shall be made in installments as set forth in the signed installment payment contract .

The City Auditor shall report to the Council from time to time the contracts to pay system development charges pursuant to this Chapter. If the Council finds that the contracts are in order and that subject property has been permitted to connect to City facilities and has thereby benefited, it shall approve the contracts by ordinance direct the billing for the charges upon the land benefited plus a financing fee. The financing fee shall be calculated as set forth in PCC 17.12 Assessments. All such assessments may be combined in one assessment roll and shall be entered upon the Docket of City Liens and collected in the same manner as other local improvement assessments.

A. Upon written request of the owner or the responsible City bureau, the City Auditor is authorized to cancel assessments of system development charges where the property is not physically connected to the public improvement. The City Auditor shall establish administrative guidelines and fees or charges relating to the cancellation of assessments. The City Auditor shall maintain on file for public inspection a current copy administrative guidelines and fees or charges.

B. For property which has been subject to a cancellation of assessment of system development charges, a new installment payment contract shall be subject to the code provisions applicable to system development charges and installment payment contracts on file on the date the new contract is received by the City.

A. New development within the City of Portland contributes to the need for capacity increases for roads, multi-modal transportation and related transportation improvements, to enable new development to take advantage of transit systems and, therefore, new development should contribute to the funding for such capacity increasing improvements. This SDC will fund a portion of the needed capacity increases for arterial, boulevard and collector roads, multi-modal transportation improvements and associated bus pull-outs, transit shelters, sidewalks, bicycle and pedestrian facilities, street lighting and stormwater drainage control facilities, and other public facilities specified in the City of Portland Transportation Capital Improvement Plan.

B. ORS 223.297 through 223.314 and HB 3480 (1996 Special Session) grant the City authority to impose a SDC to equitably spread the costs of essential capacity increasing capital improvements to new development.

C. The SDC is incurred upon application to develop property for a specific use or at a specific density. The decision regarding uses, densities, and/or intensities causes direct and proportional changes in the amount of the incurred charge. This SDC is separate from other fees provided by law or imposed as a condition of development. It is a fee for service because it contemplates a development’s receipt of transportation services based upon the nature of that development.

D. The SDC imposed by this Chapter is not a tax on property or on a property owner as a direct consequence of ownership of property within the meaning of Section 11b, Article XI of the Oregon Constitution or legislation implementing that section. This Chapter does not shift, transfer or convert a government product or service, wholly or partially paid for by ad valorem property taxes, to be paid for by a fee, assessment or other charge, within the meaning of Section 11g, Article XI of the Oregon Constitution.

E. The funding provided by this Chapter constitutes a mandatory collection method based upon the guidelines set forth in ORS 223.297 through 223.314 and HB 3480 (1996 Special Session) to assure the construction of capacity increasing improvements to arterial, boulevard and collector roads as well as to bicycle, pedestrian and transit facilities as contemplated in the City Comprehensive Plan, City of Portland Transportation Capital Improvement Program and the list of projects, referred to as the SDC-CIP, to be funded with money collected under this Chapter and incorporated as Table 3-1 in the attached Transportation System Development Charges Rate Study, (dated June 11, 1997). The SDC-CIP is not to be confused with the City of Portland Capital Improvement Program.

F. This Chapter is intended only to be a financing mechanism for the capacity increases needed for major City traffic and collector streets, multi-modal improvements associated with new development and capacity increasing transportation improvements and does not represent a means to fund maintenance of existing roads or the elimination of existing deficiencies.

G. The City hereby adopts the methodology report entitled Transportation System Development Charges Rate Study, (dated June 11, 1997), and incorporates herein by this reference the assumptions, conclusions and findings in the report which refer to the determination of anticipated costs of capital improvements required to accommodate growth, and the rates for the SDC to finance these capital improvements. This report is hereinafter referred to as “City Rate Study” and is attached to Ordinance No. 171301 as Exhibit A. The City Council may from time to time amend or adopt a new City Rate Study by resolution.

H. The Transportation SDC provided for in this Chapter is designed to finance the majority of the Transportation System facilities listed in Table 3-1 in the SDC-CIP as the primary means of ensuring that adequate capacity is maintained in the City’s Transportation System. However, the City specifically recognizes that the entire project list will likely not receive full funding from the proceeds of this SDC, and it is unlikely that every one of the projects listed will be constructed. The City recognizes that the project list in the SDC-CIP is not complete but that construction of other projects, not included on the SDC-CIP, may also advance the policy objective of maintaining capacity in the City’s Transportation System. In recognition of this fact, this Chapter allows credit to be given to certain projects, which in the Administrator’s opinion, achieve this policy objective yet are not on the project list in the SDC-CIP.

I. In conjunction with the Transportation System capacity objectives of this Chapter, the City also seeks to encourage certain types of development by granting a partial or full credit for the Transportation SDC. In particular, the city places a high priority on Transit Oriented Development (TOD) and the development of low-income housing. The City recognizes a higher public purpose in TOD in creating a more dense, mixed-use urban design that promotes and integrates transit ridership with housing. Likewise, the development of low-income housing promotes the public purpose of providing quality housing options for families and individuals earning 50% or less of the Area Median Income. Providing a credit for the Transportation SDC will make it possible to develop more and better low income housing within the metropolitan area where jobs and shopping are available by transit and non-motorized modes. For both the TOD and low income housing credit, the City has made the policy decision that the entire SDC-CIP project list may not be fully funded, but that other policy objectives, equally important as maintaining transportation system capacity, will be advanced.

(Amended by Ordinance Nos. 171698, 172677 and 173121, effective February 24, 1999.)

A. “Accessway” means a walkway that provides pedestrian and/or bicycle passage either between streets or from a street to a building or other destination such as a school, park, or transit stop. Accessways generally include a walkway and additional land on either side of the walkway, often in the form of an easement or right-of-way, to provide clearance and separation between the walkway and adjacent uses. Accessways through parking lots are generally physically separated from adjacent vehicle parking or parallel vehicle traffic by curbs or similar devices and include landscaping, trees and lighting. Where Accessways cross driveways, they may be raised, paved or marked in a manner which provides convenient access for pedestrians.

B. “Administrator” means that person as appointed by the Manager of the Bureau of Transportation Engineering and Development to manage and implement this SDC program.

C. “Alternative System Development Charge” means any SDC established pursuant to Section 17.15.070 of this Chapter.

E. “Application” means the written request by an Applicant for a Building Permit.

F. “Building Official” means that person, or his designee, certified by the State and designated as such to administer the State Building Codes for the City.

G. “Building Permit” means that permit issued by the City Building Official pursuant to the State of Oregon Structural Specialty Code Section 301 or as amended, and the State of Oregon One and Two Family Dwelling Code Section R-109 or as amended. In addition, Building Permit shall mean the Manufactured Home Installation Permit issued by the City Building Official, relating to the placement of manufactured homes in the City.

I. “City Rate Study” means the methodology report entitled Transportation System Development Charges Rate Study, dated June 11, 1997 and adopted as Exhibit A to Ordinance No. 171301.

J. “Comprehensive Plan” means the City’s generalized, coordinated land use map and policy statement that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to sewer, water and transportation systems, educational and recreational facilities and natural resources and air and water quality management programs.

K. “Condition of Development Approval” is any requirement imposed on an Applicant by a city land use or limited land use decision, site plan approval or building permit either by operation of law, including but not limited to the City Code or Rule or regulation adopted thereunder, or a condition of approval.

L. “Construction Cost Index” means the Oregon Composite Construction Cost Index published by the Oregon Highway Division.

M. “Credit” means the amount by which an Applicant may be able to reduce the SDC fee as provided in this Chapter.

N. "Developer" means the person constructing a Qualified Public Improvement prior to the construction of the New Development.

O. “Development” means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage or activities which has the effect of generating additional weekday or weekend trips. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or unimproved land.

P. “Finance Director” means that person or his or her designee who is responsible for managing the Finance Department for the City of Portland.

Q. “Institutional Development” means development associated with a medical or educational institution and associated uses, on a site of at least five acres in area. Medical institutional campuses include medical centers and hospitals. Educational institutional campuses include universities, colleges, high schools, and other similar institutions offering course of study leading to a high school diploma or a degree certified by a recognized accreditation body. Associated uses on institutional campuses may include some commercial or light industrial uses, residential and other uses.

R. “ITE Manual” means that manual entitled “An Institute of Transportation Engineers Informational Report - Trip Generation” Fifth Edition (1991) or as amended. A copy of the ITE Manual shall be kept on file with the City Office of Transportation.

S. “Multi-Modal” means vehicular, transit, bicycle, pedestrian and wheel chair transportation.

T. “New Development” means Development on any site which increases overall trip generation from the site according to Table 4-9 of The City Rate Study or pursuant to Section 17.15.070 of this Chapter. Except as provided under Section 17.15.050, New Development for purposes of this Chapter includes remodeling to the extent that it generates additional trips.

U. “Non-Motorized” means transportation that is neither vehicular or transit. Non-motorized includes pedestrian and bicycle transportation. Pedestrian transportation includes wheelchair transportation regardless of whether the wheelchair is motorized or hand propelled.

V. “Over-capacity” means that portion of an improvement that is built larger or with greater capacity (over-capacity) than is necessary to serve the Applicant’s New Development or mitigate for transportation system impacts attributable to the Applicant’s New Development. There is a rebuttable presumption that improvements built to the City’s minimum standards are required to serve the Applicant’s New Development and to mitigate for transportation system impacts attributable to the Applicant’s New Development.

W. “Pedestrian Connection” means a continuous, unobstructed, reasonably direct route between two points that is intended and suitable for pedestrian use. Pedestrian connections include but are not limited to sidewalks, walkways, stairways and pedestrian bridges. On developed parcels, pedestrian connections are generally hard surfaced. In parks and natural areas, pedestrian connections may be soft-surfaced pathways. On undeveloped parcels and parcels intended for redevelopment, pedestrian connections may also include rights-of-way or easements for future pedestrian improvements.

Y. “Planned light rail station” means a station included in local and regional transportation plans for which a full funding agreement has been executed by the Federal Transit Administration or other U. S. governmental agency, which agreement contains the terms and conditions applicable to the approval of a light rail project and the grant of federal funds for that project which includes construction of planned stations and other light rail facilities.

Z. “Port Development” means a master planned development owned or operated by a unit of government involving a facility used for cargo freight or passenger transportation by air, water, rail or public mass transit, including accessory uses. Uses that are accessory to Port Development are those which send or receive cargo freight or are related to passenger movement or service.

AA. “Previous use” means the most recent use conducted at a particular property. Where the site was used simultaneously for several different uses (mixed use) then, for purposes of this Chapter, all of the specific use categories shall be considered. Where one use of the site accounted for 70% or more of the total area used, then that dominant use will be deemed to be the sole previous use of the site. Where the previous use is composed of a primary use with one or more ancillary uses that support the primary use and are owned and operated in common, that primary use shall be deemed to be the sole use of the property for purposes of this chapter.

BB. “Proposed use” means the use proposed by the Applicant for a New Development. Where the Applicant proposes several different uses (mixed use) for the New Development then, for purposes of this Chapter, all of the specific use categories shall be considered. Where the proposed use is composed of a primary use with one or more ancillary uses that support the primary proposed use and are owned and operated in common, that primary use shall be deemed to be the sole proposed use of the property for purposes of this chapter.

CC. “Qualified Public Improvement” means any transportation system capital improvement or conveyance of an interest in real property that increases the capacity of the City’s Transportation System and is in one of the following categories:

1. Is a capital improvement listed on the City’s SDC-CIP regardless of the improvement’s proximity to the Applicant’s New Development site or

2. Pertains to an arterial or collector street and is a capital improvement listed on the two year funded list of City of Portland Transportation Capital Improvement Program regardless of the improvement’s proximity to the Applicant’s New Development site or

3. Pertains to an arterial or collector street and is required as a condition of the development approval and in the opinion of the Administrator is built larger or with greater capacity (over-capacity) than is necessary to serve the Applicant’s New Development or mitigate for transportation system impacts attributable to the Applicant’s New Development. There is a rebuttable presumption that improvements built to the City’s minimum standards are required to serve the Applicant’s New Development and to mitigate for transportation system impacts attributable to the Applicant’s New Development. Potentially eligible improvements include, but are not limited to:

b. bicycle lanes, parking facilities or lockers, other than those required by the City to serve the Applicant’s New Development, or

c. any improvement to traffic or transportation safety that corrects an identified safety problem or defect in the City’s transportation system.

DD. “Remodel” or “Remodeling” means to alter, expand or replace an existing structure.

EE. “Right-of-Way” means that portion of land that is dedicated for public use including use for pedestrians, bicycles, vehicles and transit, utility placement and signage.

1. All development located within the following subdistricts of the Central City Plan District as shown on Map 510-8 of PCC Chapter 33.510: DT 1 through DT 6-2; UD 1-1 and UD 1-2; RD 3,4,5-1 and 5-2; GH 1; CE 2 and 3; and LD 1-4.

2. Any development located in any other subdistrict of the Central City Plan District that either

3. Any development located outside the Central City Plan District that is within 500 feet of a street with fixed-route transit service or within 1,000 feet of a light rail station and that either:

For purposes of this definition, “site” shall include the building footprint and all associated land required for parking, landscaping and the like.

HH. “Transportation SDC Capital Improvement Plan,” also called SDC-CIP, means the City program set forth in the City Rate Study that identifies all of the major transportation system and facilities capacity, safety, reconstruction, bicycle, pedestrian, transit and bridge improvements projected to be necessary to accommodate existing and anticipated transportation system demands within the next 10 years.

II. “Transportation System Development Charge,” or “SDC,” refers to the fee to be paid under this Chapter.

JJ. “Vehicle” means motorcycles, automobiles, trucks, boats and recreational vehicles, but does not include transit, bicycles and motorized wheelchairs for the disabled.

LL. “Walkway” means a hard or soft surfaced area intended and suitable for use by pedestrians, including sidewalks, plazas and surfaced portions of Accessways.

For the purposes of administration and enforcement of this Chapter, unless otherwise stated in this Chapter, the following rules of construction shall apply:

A. In case of any difference of meaning or implication between the text of this Chapter and any caption, illustration, summary table, or illustrative table, the text shall control.

B. The word “shall” is always mandatory and not discretionary; the word “may” is permissive.

C. Words used in the present tense shall include the future; and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary.

D. The phrase “used for” includes “arranged for,” “designed for,” “maintained for,” or “occupied for.”

E. Where a regulation involves two or more connected items, conditions, provisions, or events:

1. “And” indicates that all the connected terms, conditions, provisions or events shall apply;

2. “Or” indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

F. The word “includes” shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

This Chapter applies to all New Development throughout the City of Portland except for those areas where Washington County, Multnomah County or Clackamas County imposes a transportation SDC. The amount of the Transportation SDC shall be calculated according to this section.

1. Except as otherwise provided in this Chapter, a Transportation SDC shall be imposed upon all New Development for which an Application is filed after October 18, 1997.

2. The Applicant shall at the time of Application provide the Administrator with the information requested on an SDC application form regarding the previous and proposed use(s) of the property, including the following:

a. A description of each of the previous and proposed uses for the property for which the Permit is being sought--with sufficient detail to enable the City to calculate trip generation for the entire property under the previous use and for the proposed use(s) of the New Development.

b. For residential uses--the number of residential dwellings, including type, e.g., single family or multi-family.

c. For commercial uses--the square footage for each type of commercial use, e.g., office, retail, etc.

3. Except as otherwise provided in this Chapter, the amount of the SDC due shall be determined by estimating the trip generation of the previous use(s) on the property and the trip generation for all of the proposed use(s) and then calculating the total SDC for the previous use(s) and the proposed uses(s) as provided in Table 4-9 of The City Rate Study.

a. If the SDC attributable to the proposed use of the New Development is within 15%± of the SDC attributable to the total previous use of the property, the Applicant is not required to pay any SDC and is not eligible for any SDC reimbursement or credit.

b. If the SDC attributable to the proposed use of the New Development is more than 115% of the SDC attributable to the total previous use, the Applicant shall pay the difference between the SDC attributable to the proposed use and the SDC attributable to the total previous use.

c. If the SDC attributable to the proposed New Development is less than 85% of the SDC attributable to the total previous use(s), the Applicant shall be eligible for an SDC Reimbursement under Section 17.15.060.

4. In the event an identified use does not have a basis for trip determination stated in The City Rate Study, the Administrator shall identify the land use or uses that has/have a trip generation rate most similar to the use(s) in question and apply the trip generation rate most similar to the proposed use or uses.

5. Notwithstanding any other provision, the dollar amounts of the SDC set forth in The City Rate Study shall on July 1st of each year be increased or decreased automatically based upon the 10-year moving average percentage fluctuation of the Oregon Composite Construction Cost Index published by the Oregon Highway Division. Provided, however, in no event shall the annual change to the dollar amounts of the SDC exceed six percent (6%).

1. Institutional Development shall be subject to assessment under this Subsection or under Subsection 1 above, at the election of the Applicant. If the Applicant elects assessment under this Subsection, this method of assessment shall be utilized on Institutional properties designated in the election for a period of not less than three years from date of initial election.

2. Within 60 days of election of the alternate assessment under this Subsection, the Applicant Institution shall submit the proposed methodology for counting trips to the Administrator. The Administrator shall determine whether the proposed methodology is acceptable within twenty (20) days from the date of election and submission, and, if the methodology is rejected, the Administrator shall provide an explanation for the decision.

3. Within one year of the date of election of the alternative method of assessment under this Subsection, at the tine(s) designated in the accepted methodology to count trips, the applicant Institution shall establish the average weekday trip count. Such data and related analysis shall be based upon a methodology to calculate trips accepted by the Administrator. This average weekday trip count shall be calculated, unless otherwise specified

in the accepted methodology, by dividing the total current average weekday trips that occur in each mode during an average week by the number of weekdays.

4. The amount of the SDC shall be determined at the end of each 12 month period by multiplying the applicable dollar amount, as provided in the City Rate Study, by the change in average weekday trip count by mode type during the intervening 12 month period over the highest prior documented average weekday trip count since October 18, 1997. Such SDC, if any, shall be due and payable within 45 days from the close of the 12-month period. A reduction in trips by any mode shall allow the Applicant Institution to reduce future annual assessment against the same mode by the number of such reduced trips.

5. For uses that calculate the SDC using a unit of measure other than square feet, such as the number of students, movie screens, etc., the first Application submitted for such a use that is subject to this Chapter shall establish the baseline number of existing units of measure. No SDC shall be assessed against that baseline. A baseline trip rate so established shall be valid, and need not be recalculated, for the next 12 months.

C. Port Development. At the applicant’s option, Port Development may be subject to assessment under Subsection A. of this section, or under this Subsection. If the Applicant elects assessment under this Subsection C., the Applicant and the City shall negotiate an agreement for the payment of a fee in lieu of the Transportation SDC that includes the following elements:

1. A methodology for estimating the amount of the SDC which would be imposed pursuant to Subsection A. or B. above, during a period of not less than 3 years nor more than 10 years as specified by the Applicant. The methodology shall take into account the Port Development anticipated under the Applicant’s master plan during the period specified in that plan, the trips that the Port Development is expected to generate, the anticipated increases or decreases in the dollar amounts of the SDC during the specified period, any applicable credits or exemptions and any other factors which the Administrator deems to be relevant. In no event shall the charge estimated under this Subsection be less than the SDC that would otherwise be due for the Port Development and the Applicant shall indicate its agreement to the methodology in writing; and

2. A payment period shall be imposed by which the Applicant shall pay in full the amount due within 12 months of the Applicant’s agreement to the methodology

3. In the event the Applicant and the City are unable to agree to a methodology under this Subsection, the normal method of calculating and assessing the SDC under Subsection A. or B. shall apply.

(Amended by Ordinance No. 171698, effective October 15, 1997.) The uses listed and described in this section shall be exempt, either partially or fully, from payment of the Transportation SDC. Any Applicant seeking an exemption under this Section shall specifically request that exemption no later than the time of the City’s issuance of the first occupancy permit on the New Development. Where New Development consists of only part of one or more of the uses described in this section, only that/those portion(s) of the development which qualify under this section are eligible for an exemption. The balance of the New Development which does not qualify for any exemption under this section shall be subject to the full SDC. Should the Applicant dispute any decision by the City regarding an exemption request, the Applicant must apply for an Alternative Exemption calculation under Section 17.15.070. The Applicant has the burden of proving entitlement to any exemption so requested.

A. Temporary uses are fully exempt so long as the use or structure proposed in the New development will be used not more than 180 days in a single calendar year.

B. New Development which, in the Administrator’s opinion, will not generate more than 15% more vehicle trips than the present use of the property shall be fully exempt.

C. Low Income Housing, developed by a non-profit organization or the Housing Authority of Portland which meets the following requirements shall be fully exempt from the Transportation SDC:

2. If owner occupied housing, the prices are affordable to households earning less than Area Median Income as annually determined by the U.S. Department of Housing and Urban Development for the Portland Metropolitan Area.

3. For purposes of this section, affordability shall be defined by the Administrator and be consistent with other City of Portland fee waiver programs.

4. The Applicant has the burden of proving to the Administrator’s satisfaction that rents and housing prices, in fact, qualify for this exemption. In the event a qualifying Low Income Housing development fails to maintain qualifying rent or price levels, the exemption shall terminate for that development and the then-applicable Transportation SDC shall be due and owing.

D. Transit Oriented Development (TOD) shall be exempt from the SDC in the following way:

1. Within the Central City Plan District, New Development that qualifies as TOD shall be liable for only 10% of the vehicle portion of the SDC and 90% of the transit and non-motorized portion of the SDC.

2. For all areas outside of the Central City Plan District, New Development that qualifies as TOD shall be liable for only 50% of the vehicle portion of the SDC and 90% of the transit and non-motorized portion of the SDC.

E. A change in occupancy of an existing building where the gross enclosed floor area does not exceed 3,000 square feet is fully exempt.

2. which is not reasonably expected to result in a significant increase in additional trips;

3. the use or structure is of a temporary nature and is used less than 180 days in a calendar year;

H. The construction of accessory buildings or structures which will not create additional dwelling units or which do not create additional demands on the City’s capital improvements.

I. For New Development which includes a mix of exempt and non-exempt forms of development, the applicable exemption(s) shall apply only to that portion of the New Development to which the exemption applies.

1. The City shall grant a credit against the Transportation SDC, which is otherwise assessed for a New Development, for any Qualified Public Improvement(s) constructed or dedicated as part of that New Development or for Local Improvement District assessments for Qualified Public Improvements as defined by 17.15.020BB1. The Applicant bears the burden of evidence and persuasion in establishing entitlement to an SDC Credit and to a particular value of SDC Credit.

2. To obtain an SDC Credit, the Applicant must specifically request a credit prior to the City’s issuance of the first occupancy permit for the New Development. In the request, the Applicant must identify the improvement(s) for which credit is sought and explain how the improvement(s) meet the requirements for a Qualified Public Improvement. The Applicant shall also document, with credible evidence, the value of the improvement(s) for which credit is sought. If, in the Administrator’s opinion, the improvement(s) are Qualified Public Improvement, and the Administrator concurs with the proposed value of the improvement(s), an SDC Credit shall be granted. The value of SDC Credits under this section shall be determined by the Administrator based on the cost of the Qualified Public Improvement, or the value of land dedicated, as follows:

a. For dedicated lands, value shall be based upon a written appraisal of fair market value by a qualified, professional appraiser based upon comparable sales of similar property between unrelated parties in an arms-length transaction;

b. For improvements yet to be constructed, value shall be based upon the anticipated cost of construction. Any such cost estimates shall be certified by a professional architect or engineer or based on a fixed price bid from a contractor ready and able to construct the improvement(s) for which SDC Credit is sought;

c. For improvements already constructed, value shall be based on the actual cost of construction as verified by receipts submitted by the Applicant;

d. For all improvements for which credit is sought, only the fraction of over-capacity in the improvement as described in the definition of Qualified Public Improvement is eligible for SDC Credit. There is a rebuttable presumption that improvements built to the City’s minimum standards are required to serve the Applicant’s New Development and to mitigate for transportation system impacts attributable to the Applicant’s New Development;

e. For Local Improvement District assessments, value shall be based on the actual assessment. The aggregate total of credits for the Local Improvement District shall not exceed the SDC funded portion of the project value in the SDC-CIP. Credit amounts shall be prorated amongst participants in the Local Improvement District to meet this condition.

3. The Administrator will respond to the Applicant’s request in writing within 21 days of when the request is submitted. The Administrator shall provide a written explanation of the decision on the SDC Credit request.

4. If an Applicant disputes the Administrator’s decision with regard to an SDC Credit request, including the amount of the credit, the Applicant may seek an alternative SDC Credit calculation under Section 17.15.070. Any request for an Alternative SDC Credit calculation must be filed with the Administrator in writing within 10 calendar days of the written decision on the initial credit request.

5. Where the amount of an SDC Credit approved by the Administrator under this section exceeds the amount of the Transportation SDC assessed by the City upon a New Development, the excess may be transferred. SDC Credit Transfers shall be issued by the City for a particular dollar value to the Applicant and may be used by the Applicant or any other party to satisfy Transportation SDC requirement for any other New Development within the City. The Applicant may convey by any means and for any value an SDC Credit Transfer to any other party.

6. The City shall accept at face value any SDC Credit Transfer presented as full or partial payment for the Transportation SDC due on New Development. Neither the City nor any of its employees or officers shall be liable to any party for accepting a SDC Credit Transfer, approved and issued by the City under this Section, as payment for a Transportation SDC.

7. SDC Credit Transfers are void and of no value if not redeemed with the City for payment of a Transportation SDC within 10 years of the date of issuance.

8. SDC credits for Local Improvement District assessments shall not be issued until the time of award of a construction contract for the improvements. The credit shall be issued as follows:

a. In the case of fixed assessment amount LIDs, the credit shall be the full amount due the participant as determined by Section 17.15.060A2e.

b. In the case of all other LIDs, the credit shall be 80% of the amount due the participant as determined by Section 17.15.060A2e. A credit for the remaining 20% shall be issued upon closure of the construction project when the final cost for the improvement is known.

9. It shall be a violation of this title for any person to counterfeit or forge an SDC Credit Transfer or knowingly attempt to negotiate or redeem any counterfeit or forged SDC Credit Transfer.

B. Granting SDC Credits to New Development Prior to Commencing Construction of New Development. When a Qualified Public Improvement is built by a Developer prior to an Applicant applying for Building Permits for the New Development, the City shall grant a credit for any Qualified Public Improvement(s) to be constructed or dedicated as a Condition of Development Approval of that New Development. Credits issued pursuant to Section 17.15.060 B. are in lieu of any other SDC Credits that could otherwise be claimed in connection with the Qualified Public Improvement, and are issued pursuant to the following requirements and conditions:

1. The Developer must specifically request a credit prior to the first Application for a Building Permit, but after the issuance of the Public Works Permit for the Qualified Public Improvement;

2. For improvements yet to be constructed, the Developer shall provide the City with an enforceable mechanism to guarantee completion of the Qualified Public Improvement, either in the form of a performance bond or other financial guarantee acceptable to the Administrator;

3. The Developer shall submit written confirmation to the Administrator on the form provided acknowledging:

a. That SDC credits issued pursuant to this Section are in lieu of any other credits that could be claimed by the Developer or other Applicants on account of the Qualified Public Improvement and

b. That it is the Developer's obligation to advise subsequent Applicants of the New Development that SDC credits associated with the Qualified Public Improvement have already been issued and that no further credits are available.

4. All other requirements and timelines in Section 17.15.060 A. remain in force.

1. If an Applicant proposes New Development on property on which there is already a use which generates at least 15% more vehicle trips than the proposed use, then the Applicant shall be entitled to an SDC Reimbursement. The SDC Reimbursement shall be in the form of a credit equal to the difference between the SDC Rate of the previous use and that for the proposed use. The Applicant bears the burden of evidence and persuasion in establishing entitlement to an SDC Reimbursement and to a particular amount of such a reimbursement.

2. To obtain an SDC Reimbursement, the Applicant must request the Reimbursement prior to the City’s issuance of the first occupancy permit for the New Development and document the basis for the request with traffic reports prepared and certified to by a Professional Traffic Engineer.

3. If, in the Administrator’s opinion, the Applicant has sufficiently demonstrated that the new use will generate fewer trips than did the previous use, the Administrator shall refund to the Applicant the difference between the Transportation SDC that was paid on the previous use and the Transportation SDC amount that would be assessed for the proposed use. At or prior to the time of issuance of the Permit, the Administrator shall notify the Applicant in writing of its decision on the SDC Reimbursement request and shall provide a written explanation of the decision.

4. If an Applicant disputes the Administrator’s decision with regard to an SDC Reimbursement decision, including the amount of the Reimbursement, the Applicant may seek an Alternative SDC Reimbursement calculation under Section 17.15.070 in the same manner as for an Alternative SDC Rate request. Any request for an Alternative

SDC Reimbursement calculation must be filed with the administrator in writing within 10 calendar days of the written decision on the initial reimbursement request.

A. Pursuant to this section, an applicant may request an alternative SDC calculation, alternative SDC credit determination or alternative SDC exemption, but only under the following circumstances:

1. The Applicant believes the number of vehicle trips resulting from the New Development is, or will be, less than the number of trips established in The City Rate Study, and for that reason the Applicant’s SDC should be lower than that calculated by the City.

2. The Applicant believes the City improperly excluded from consideration a Qualified Public Improvement that would qualify for credit under Section 17.15.060, or the City accepted for credit a Qualified Public Improvement, but undervalued that improvement and therefore undervalued the credit.

3. The Applicant believes the City improperly rejected a request for an exemption under Section 17.15.050 for which the Applicant believes it is eligible.

1. If an Applicant believes the number of trips resulting from the New Development is less than the number of trips established in The City Rate Study, the Applicant must request an alternative SDC rate calculation, under this section, no later than the time the City issues the first occupancy permit for the New Development. The City shall not entertain such a request filed after the City has issued the first occupancy permit for the New Development. Upon the timely request for an alternative SDC rate calculation, the Administrator shall review the Applicant’s calculations and supporting evidence and make a determination within 21 days of submittal as to whether the Applicant’s request satisfies the requirements of this Section.

2. In support of the Alternative SDC rate request, the Applicant must provide complete and detailed documentation, including verifiable trip generation data, analyzed and certified to by a Professional Traffic Engineer. The Applicant’s supporting documentation must rely upon generally accepted sampling methods, sources of information, cost analysis, traffic and growth projections and techniques of analysis as a means of supporting the proposed alternative SDC rate. The proposed Alternative SDC Rate calculation shall include an explanation by a registered engineer explaining with particularity why the rate established in The City Rate Study does not accurately reflect the New Development’s impact on the City’s capital improvements

3. The Administrator shall apply the Alternative SDC Rate if, in the Administrator’s opinion, the following are found:

a. The evidence and assumptions underlying the Alternative SDC Rate are reasonable, correct and credible and were gathered and analyzed by a suitable, competent professional in compliance with generally accepted engineering principles and methodologies and consistent with this Section, and

b. The calculation of the proposed Alternative SDC rate was by a generally accepted methodology, and

c. The proposed alternative SDC rate better or more realistically reflects the actual traffic impact of the New Development than the rate set forth in The City Rate Study.

4. If, in the Administrator’s opinion, all of the above criteria are not met, the Administrator shall provide to the Applicant by certified mail, return receipt requested, a written decision explaining the basis for rejecting the proposed alternative SDC rate.

1. If an Applicant has requested an SDC Credit pursuant to Section 17.15.060, and that request has either been denied by the City or approved but at a lower value than desired, the Applicant may request an Alternative SDC Credit calculation, under this section, no later than the time the City issues the first occupancy permit for the New Development. The City shall not entertain such a request filed after the City has issued the first occupancy permit for the New Development. Upon the timely request for an Alternative SDC Credit calculation, the Administrator shall review the Applicant’s calculations and supporting evidence and make a determination within 21 days of submittal as to whether the Applicant’s request satisfies the requirements of this Section.

2. In support of the Alternative SDC credit request, the Applicant must provide complete and detailed documentation, including appraisals, cost analysis or other estimates of value, analyzed and certified to by an appropriate professional, for the improvements for which the Applicant is seeking credit. The Applicant’s supporting documentation must rely upon generally accepted sources of information, cost analysis and techniques of analysis as a means of supporting the proposed Alternative SDC credit.

3. The Administrator shall grant the Alternative SDC Credit if, in the Administrator’s opinion, the following are found:

a. The improvement(s) for which the SDC Credit is sought are Qualified Public Improvement(s), and

b. The evidence and assumptions underlying the Applicant’s Alternative SDC Credit request are reasonable, correct and credible and were gathered and analyzed by an appropriate, competent professional in compliance with generally accepted principles and methodologies, and

c. The proposed alternative SDC Credit is based on realistic, credible valuation or benefit analysis.

4. If, in the Administrator’s opinion, any one or more of the above criteria is not met, the Administrator shall deny the request and provide to the Applicant by certified mail, return receipt requested, a written decision explaining the basis for rejecting the Alternative SDC Credit proposal.

1. If an Applicant has requested a full or partial exemption under Section 17.15.050, and that request has been denied, the Applicant may request an Alternative SDC Exemption under this section, no later than the time the City issues the first occupancy permit for the New Development. The City shall not entertain such a request filed after the City has issued the first occupancy permit for the New Development. Upon the timely request for an Alternative SDC Exemption, the Administrator shall review the Applicant’s request and supporting evidence and make a determination within 21 days of submittal as to whether the Applicant’s request satisfies the requirements of section 17.15.050 for exemptions.

4. Within 21 days of the Applicant’s submission of the request, the Administrator shall provide a written decision explaining the basis for rejecting or accepting the request.

The Transportation SDC required by this Chapter to be paid is due upon issuance of the Building Permit. However, in lieu of payment of the Full SDC, the applicant may elect to pay the SDC in installments as provided in ORS chapter 223. If the Applicant elects to pay the SDC in installments, a lien will be placed against the property that is subject to the SDC, and that lien will be given first priority as provided by statute. The Applicant’s election to pay the SDC by installments shall be memorialized in an SDC Installment Agreement entered into by the Applicant and the City on a form provided by the City, and which may provide that no payments are due for 180 days after issuance of building permits. In any event, the Applicant shall either pay the SDC in full or enter into an SDC Installment Agreement as provided in this section, before the City will issue any building permits.

Refunds may be given by the Administrator upon finding that there was a clerical error in the calculation of the SDC. Refunds shall not be allowed for failure to timely claim credit or for failure to timely seek an Alternative SDC Rate calculation at the time of submission of an Application for a Building Permit. The City shall refund to the Applicant any SDC revenues not expended within ten (10) years of receipt.

A. There is created a dedicated account entitled the “SDC Account.” All monies derived from the SDC shall be placed in the SDC Account. Funds in the SDC Account shall be used solely to provide the SDC-CIP listed capacity increasing improvements according to the SDC-CIP as it currently exists or as hereinafter amended, and eligible administrative costs. In this regard, SDC revenues may be used for purposes which include:

3. right-of-way acquisition, including any costs of acquisition or condemnation;

7. construction of drainage facilities in conjunction with new roadway construction;

13. construction of Accessways, bicycle facilities, Pedestrian Connections and Walkways;

16. demolition that is part of the construction of any of the improvements on this list;

17. payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the City to provide money to construct or acquire transportation facilities;

18. direct costs of complying with the provisions of ORS 223.297 to 223.314, including the costs of developing system development charges methodologies and providing an annual accounting of system development charges expenditures.

1. any expenditure that would be classified as a maintenance or repair expense; or

2. costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements; or

B. Except where a different time for an Administrator’s determination is provided in this Chapter, all determinations of the Administrator shall be in writing and shall be delivered to the Applicant within 21 days of an Application or other Applicant request for an Administrator determination. Delivery of such determination shall be deemed complete upon the earlier of actual delivery to the Applicant or upon deposit by the Administrator in the mail, first class postage prepaid, addressed to the address for notice Applicant has designated in the Application. Such determination shall be accompanied by a notice of the Applicant's right to appeal and an outline of the procedures therefore.

C. Any Applicant aggrieved by an Administrator's determination may appeal that determination to the Code Hearings Officer as provided in Chapter 22.10 of this Code. Notwithstanding any other provisions of this Code, there shall be a non-refundable fee of $250 for any appeal pursuant to this subsection. Such fee must accompany any such appeal and no such appeal shall be considered filed or received until such fee is paid in full.

D. The City shall withhold all permits and other approvals applicable to the Applicant’s property of the New Development pending resolution of all appeals under this Chapter unless the SDC is paid in full or the Applicant provides, for the pendency of the appeal, a financial guarantee or security for the charge in a form acceptable to the City Attorney

A. No later than every two (2) years as measured from initial enactment, the City shall undertake a review to determine that sufficient money will be available to help fund the SDC-CIP identified capacity increasing facilities; to determine whether the adopted SDC rate keeps pace with inflation, whether the SDC-CIP should be modified, and to ensure that such facilities will not be overfunded by the SDC receipts.

B. In the event that during the review referred to above, it is determined an adjustment to the SDC is necessary for sufficient funding of the SDC-CIP improvements listed in City Rate Study or to ensure that such SDC-CIP improvements are not overfunded by the SDC, the City Council may propose and adopt appropriately adjusted SDCs.

C. The City Council may from time to time amend or adopt a new City Rate Study by resolution.

The City shall expend SDC revenues within ten (10) years of receipt, based on the priorities in the SDC-CIP list.

(Amended by Ordinance No. 171698, effective October 15, 1997.) The City Council delegates authority to the Manager of the Bureau of Transportation Engineering and Development (BTE&D) to adopt administrative rules and procedures necessary to implement provisions of this Chapter including the appointment of an SDC program Administrator. All rules pursuant to this delegated authority shall be files with the office of City Auditor and be available for public inspection.

The City may, by resolution, amend its SDC-CIP as set forth in the City Rate Study, from time to time to add projects the City deems appropriate.

A. All work done and materials used for a local improvement whether it be as a district or by permit shall conform to the provisions of this Title and to the standard specifications as adopted by Ordinance No. 145047 passed by the Council January 18, 1978 and made effective March 1, 1978.

B. Revisions. The City Engineer, subject to approval of the Commissioner In Charge, is authorized to revise the standard specifications of the City of Portland as needed, excluding Division 5 contained therein, which shall be revised by the Chief Engineer of the Bureau of Water Works subject to approval of the Commissioner In Charge.

(Amended by Ordinance No. 149769, effective June 12, 1980.) The decision of the City Engineer as to all performances, materials and technical requirements of specifications and plans for a local improvement or public improvement shall be final and conclusive excepting work performed in accordance with Division 5 water of the standard construction specifications for which the Chief Engineer, Bureau of Water Works shall have final and conclusive decision. The interpretation of all other provisions of the standard construction specifications shall be determined by the City Attorney.

A. Subject to applicable provisions of the City Charter and in accordance with the specifications adopted for particular work by the Council, progress payments may be made by the City periodically as required by the contract for the improvement work, on the basis of a certificate concerning the same, filed with the Auditor by the City Engineer. The progress payment certificate shall show the amount of work and material applied to the local improvement or public improvement and not included in any prior certificate, the reasonable value of the work and material, the contract price thereof, the amount to be retained pursuant to the contract, and the amount to be paid as a progress payment. Contract provision for the progress payments shall be deemed sufficient without further approval by the Council, except that if the contractor is found to be delinquent, if the payment is the last payment to be made before payment of retainage pursuant to the contract, or if any progress payment covers work which is in addition to or an extra over the basic contract, then a progress payment shall not be made pursuant to the City Engineer’s certificate until such certificate has been presented to the Council and approved by the Council, or the Council has separately authorized the extra work.

B. (Amended by Ordinance No. 140744, effective Oct. 9, 1975.) On any contract for a local improvement which does not contain a specific provision for progress payments, a single progress payment shall be made at the time the final estimate of the City Engineer is filed with the City Auditor if such payment is requested by the contractor. The progress payment shall not exceed 95 percent of Council authorized contract costs included in the final estimate. This paragraph shall be applicable to contracts which are completed after the passage of this Ordinance.

Payment for work done as a local improvement shall be made by warrant drawn on the Local Improvement Assessment Fund for the particular improvement created or to be created when assessments therefor are paid. Any warrant for a progress payment or final warrant drawn against a Local Improvement Assessment Fund, either to be created or already in existence, shall bear interest at the rate of 6 percent per year beginning on the 10th day after the date of the warrant. Total interest on such warrants shall not exceed the total amounts collected as interest from the properties assessed. When sufficient money is collected and is in the Local Improvement Assessment Fund to pay accrued interest on the oldest outstanding warrant and some portion or all of the principal on such warrant, the interest on the warrant shall cease as of the day when the principal amount or portion thereof is collected, to the extent of the amount collected.

No progress payment shall be deemed a final acceptance or any acceptance of the work or material represented by such progress payment, nor shall the progress payment affect the liability of the contractor or his surety relating to the public work or local improvement.

When money has been collected and is in a Local Improvement Assessment Fund sufficient to pay all or a portion of the principal as well as the accrued interest on the oldest outstanding warrant, upon presentation of the warrant the Treasurer shall pay the accrued interest and principal amount collected upon the outstanding warrant and issue a new warrant for the unpaid principal balance. The new warrant shall bear interest from the 10th day after the date of the original warrant.

(Added by Ordinance No. 138072, and effective April 11, 1974.) The City of Portland shall purchase local improvement warrants issued for progress payments and final payment to a contractor on a local improvement project under the conditions listed below upon written request from the contractor to the City Finance Officer:

A. Either the official estimate of the City Engineer or the bid of the contractor is less than $50,000,

B. Before the plans and specifications for the project were issued it has been determined by the Finance Officer that funds would be available in the Assessment Collection Fund for this purpose,

C. The plans and specifications for the project will include a provision that such warrants will be purchased by the City from the contractor at his request,

D. The purchase will be made by the City no earlier than 10 days and no later than 30 days after the issue date,

E. The purchase of final warrants will be at face value without accrued interest. The purchase of progress payment warrants will be at face value discounted by an amount equal to 10 days of interest and without accrued interest.

Notwithstanding contractual provisions for payment of progress payment warrants, final payment warrants or payment of retainage, any person given a right by statute to institute an action on the contractor’s bond may file a claim with the City Auditor for the labor, material, or payment to State funds for which the contractor is liable in connection with the performance of the contract. In the event such claim is filed and the contractor has money due and owing from the City, the money due and owing shall not be paid to the contractor until 20 days after the filing of the claim. If, prior to the expiration of such 20-day period, the money due and owing to the contractor has been ordered withheld or paid into court by a court of competent jurisdiction, if the claimant withdraws his claim, or if the contractor orders all or a portion of the amount due and owing to be paid to the claimant, then the Auditor shall divide the payment or treat the same as required by such order or withdrawal. However, if the only money due and owing to the contractor is the final retainage, then the City shall have first call upon the retained amount for correction of defects in the contract.

All contractors employed by the City shall comply with all statutory requirements concerning hours of labor and prevailing wage rates. All certifications required by statute to be filed with the City shall be so filed.

The Mayor or a Commissioner to whom particular City property has been assigned, which property is assessed for a local improvement, shall have authority to make application for bonding and to sign the application. For such application said Mayor or Commissioner shall be deemed the owner on behalf of the City.

A. If a fire hydrant has been installed at established street grade and in a location approved by the City Engineer, and a local improvement or public improvement requires moving such hydrant, the Bureau of Water Works shall upon request of the City Engineer make the necessary change. The cost thereof shall be included in the cost of the improvement unless the Council directs payment from public funds.

B. In all other cases, any facility over, upon or under the street area, required to be moved either for construction or as the result of a local or public improvement shall be changed, moved, removed or relocated, as the City Engineer may direct, at the expense of the owner of the facility. The change includes any trenches and filling thereof or other work necessary for the change. However, this does not relieve the contractor from liability or responsibility under contract specifications. Liability of the owner of the facility for such change shall be conditioned upon notice in writing given by the contractor at least 10 days preceding the improvement work in the area. In case any such owner fails or refuses to make the change or relocation, then upon direction by the City Engineer the contractor on the improvement may perform such work of change or relocation, and upon approval of the contractor’s bill therefor by the City Engineer, if the owner of the facility is the owner of land to be assessed for the local improvement, then the City shall add the amount of the bill for the work to the local improvement assessment to be assessed upon the property. If the contractor has performed such work of change or relocation of facility, and the owner thereof is not chargeable by assessment of benefit from the improvement, then the contractor shall look solely to the owner of such facility for reimbursement of the cost of change or relocation. In case of a public improvement constructed at the expense of City funds, City funds shall be chargeable for the cost of moving any City owned facilities.

C. The contractor for a public improvement or local improvement shall not interfere with or impede any person engaged in changing or relocating the facility within a street area, as required in this Section.

D. The right is reserved to the City and to owners of public utilities in the street area to enter upon such street area for repairs, changes or installation of additional facilities in the street area of the improvement work.

A. In the course of a local improvement which does not entail within the plans and specifications the removal or replacement of a surface installation, or an installation extending to the surface of street area, or any utility, sewer or water line, City service facility or appurtenances placed in the street area by or under authority of the City, and if in the course of such work the contractor or his subcontractor damages or displaces such installation, including but not limited to curb, sidewalk, water line or meter, manhole or other installation, then the contractor shall repair or replace the facility at his own expense in a proper manner as approved by the City Engineer except in the case of damage to a water line or meter which shall be repaired by the Bureau of Water Works and billed to the contractor or others, in the manner specified in Title 5, Revenue and Finance, of this Code.

B. If, in the course of the work of a local improvement or public improvement, a contractor damages any underground facility owned by an adjacent property owner which is not located within 2 feet of the street grade established for that location, the contractor shall be liable for the cost of repair or replacement of the facility unless the plans, specifications and contract otherwise specifically prescribe. The repair or replacement shall be done by the owner of such facility at the expense of the contractor unless the owner directs the contractor to perform such work.

C. If an underground facility owned by an adjacent property owner is located within 2 feet of the established street grade in the area, then such facility shall be repaired, replaced or relocated as directed by the City Engineer at the expense of the owner thereof, notwithstanding any failure to notify the owner of the need for relocation or change as prescribed in Section 17.16.100, unless the plans, specifications and contract otherwise prescribe.

The City Engineer may establish standards for particular types or classes of work to be performed by contractors or by persons permitted to construct facilities in streets or other public property, and the standards when established shall be complied with by any person constructing the facility unless otherwise specifically approved by the City Engineer.

All contracts, bonds, insurance policies and all forms to be used by the public pursuant to this Title shall first be approved as to form by the City Attorney before filing or use.

(Amended by Ordinance Nos. 140586, 141599, 146747 and 157298, effective May 2, 1985.) Notwithstanding other provisions of this Code, the Council hereby authorizes the financing of local improvements by the issuance of general obligation improvement warrants in accordance with the procedures provided by State law except as otherwise provided herein. General obligation improvement warrants may be issued when authorized by ordinance in an amount equal to the indebtedness to be incurred by the City in constructing the local improvement including all costs of land acquisition, advertising, engineering and superintendence fees, and any special preliminary services or studies that may be assessed on benefited property, and an amount equal to the amount to be paid by the City to the contractor for the construction of a local improvement, not exceeding the bid price of each contract plus 15 percent for approved change orders. If the local improvement has not yet been bid and a successful bidder accepted, the engineer’s estimate for construction cost may be used.

A. From time to time, the Council may, upon recommendation of the City Treasurer and City Engineer, call for bids on the interest rate for general obligation improvement warrants on the estimated amount of proposed assessments for local improvement districts authorized or to be authorized. Bids shall meet the conditions and requirements provided for in the authorizing ordinance.

B. Upon return of bids the Council may award to the highest and best qualified bidder offering the most advantageous interest rate, the full amount of general obligation improvement warrants to be issued for local improvements specified in the ordinance requesting bids. Provided further, the Council may reject any and all bids.

C. The ordinance authorizing the call for bids shall also authorize the issuance of the general obligation improvement warrants to the successful bidder as determined by the Council, subject to the provisions of this Chapter. Thereafter, the City Treasurer is authorized to deliver to the successful bidder from time to time as he deems necessary general obligation improvement warrants in an amount equal to the indebtedness to be incurred by the City in constructing the local improvement including all costs of land acquisition, advertising, engineering and superintendence fees, and any special preliminary services or studies that may be assessed on benefited property, and an amount equal to the amount to be paid by the City to the contractor for the construction of a local improvement, not exceeding the bid price of each contract plus 15 percent for approved change orders. If the local improvement has not yet been bid and a successful bidder accepted, the engineer’s estimate for construction cost may be used.

D. General obligation improvement warrants shall be issued in denominations as stated in the ordinance authorizing call for bids; shall be numbered consecutively; shall be dated the first day of the month in which they are delivered to the successful bidder and shall mature within the time provided by State law. The successful bidder shall pay accrued interest from the date of the warrants to the time of delivery.

E. The City Treasurer shall deposit all proceeds from the issuance of said General Obligation Improvement Warrants in the Improvement Warrant Sinking Fund established in Section 5.04.210 of this Code.

(Amended by Ordinance No. 146747, effective Dec. 4, 1978.) The proceeds from each series of general obligation improvement warrants issued for a local improvement district construction contract shall be retained in the Improvement Warrant Sinking Fund until payment shall be authorized.

Upon completion of any local improvement contract and the spreading of assessments upon the property benefited thereby, all proceeds from the collection of unbonded assessments, the sale of improvement bonds, and the foreclosure of improvement liens for unbonded assessments realized from the local improvement with respect to which such general obligation improvement warrants are issued, shall be transferred from the Local Improvement District Assessment Fund created for the particular improvement and placed in the Improvement Warrant Sinking Fund in an account to be applied to the call and payment of such warrants as rapidly as funds are available as provided by statute.

In the event the owner of any property benefited by the construction of a local improvement which has been financed by the issuance of general obligation improvement warrants shall fail to either pay any assessment upon such property or apply for bonding of such assessment as provided for in Section 17.12.140 of this Code within 60 days of the time the assessment is due and payable, the Treasurer shall immediately cause such property to be sold as provided in Charter Section 9-804 and deposit the proceeds of the sale in the Local Improvement District Assessment Fund created for that particular improvement to be transferred to the appropriate account within the Improvement Warrant Sinking Fund.

The Council shall provide in its budget for the fiscal year in which general obligation improvement warrants will mature such amount for the payment thereof as shall be estimated or determined to be owing thereon and unpaid at the maturity thereof after application of collections made prior to such maturity as provided in this Chapter. Such monies shall be placed in the Improvement Warrant Sinking Fund to repay outstanding warrants as needed.

17.20.060 Time for Filing Prequalification and Time for Notice of Disqualification.

Pursuant to ORS 279.037 through 279.047, the following Sections shall comprise the rule for mandatory prequalifications for all persons desiring to bid and for furnishing materials, supplies or services to the City of Portland.

A. For an improvement upon any real estate belonging to or to be used by the City which is estimated by the City to cost $50,000 or more;

B. In any other instance where the City Council has specifically required prequalification, such person shall not submit a bid until he has first been prequalified as provided in this Chapter.

Pursuant to Chapter 3.100 Code of the City of Portland, unless exempted thereunder, as a prerequisite of prequalification, an applicant must have received Equal Opportunity Certification from the City’s Contract Compliance Division.

Pursuant to ORS 279.041, prequalification applications shall be in writing on a standard form questionnaire as provided by the City of Portland or the Public Contract Review Board for the State of Oregon. Such forms may be obtained from the City Engineer or from the City’s Purchasing Agent. Information required on the form shall be supplied fully and completely, unless patently inapplicable, and the person in whose name the information is submitted or the appropriate officer of the corporation or association as a prospective bidder shall verify the same before a notary. Any prospective bidder shall supply further information or detail as the City Engineer may require to amplify a prequalification application. All such prequalification applications shall be filed with or sent to the City Engineer unless the advertisement for bids designates otherwise.

A separate prequalification can be required for a specific project when the City deems that the project is such that its size, scope or complexity so warrants.

If a person has been prequalified pursuant to ORS 279.047 by the Department of Transportation to perform contracts or by the Department of General Services to perform contracts for public improvements, he may submit proof of such prequalification in lieu of prequalification application as required by Section 17.20.030. If a person submits such proof of such prequalification, then he is rebuttably presumed qualified under Section 17.20.030. Nothing contained herein shall be deemed any waiver by the City of the requirements for prequalification set forth in this Chapter nor of the City Engineer’s authority to require additional information or detail as set forth in Section 17.20.030 or prior approval as set forth in Section 17.20.080.

17.20.060 Time for Filing Prequalification and Time for Notice of Disqualification.

Prequalification applications must be received by the City Engineer at least 9 business days prior to the date of bid opening unless specifically stated otherwise in the advertisement. Disqualification notice, if any, will be given by the City at least 3 business days prior to the bid opening date. If prequalification application received less than 9 business days prior to the bid opening may, at the City’s option, be processed, but the applicant in so doing waives all right of appeal for possible disqualification. Prequalification applications submitted without being designated for a project advertised for bid by the City will be considered as a general prequalification application and processed pursuant to ORS 279.039 and notice of prequalification status will be given within 30 days of the receipt of the application. A notice of disqualification can be given verbally in order to comply with the bid opening date requirements. A verbal disqualification notice will be followed by written notice and bear the date of the verbal notice.

Pursuant to ORS 279.037 the City may disqualify any person as a bidder if it is found:

A. the person does not have sufficient financial ability to perform the contract. If a bond is required to ensure performance of a contract, evidence that the person can acquire a surety bond in the amount and type required shall be sufficient to establish financial ability;

C. the person does not have key personnel available of sufficient experience to perform the contract;

D. the person has repeatedly breached contractual obligations to public and private contracting agencies; or

E. the person fails to promptly supply information as requested by the City Engineer pursuant to a prequalification investigation.

The City Engineer shall determine where or not the applicant for prequalification shall be considered prequalified for City bids, and the extent of prequalification if approved, and shall notify the applicant by certified mail. The City Engineer may limit the types of work, materials or services on which bids will be accepted from the applicant, may restrict the size or cost of project bids to be received by the City from the applicant, or may impose any other restrictions which he finds appropriate under the circumstances. Thereafter, if the prospective bidder has prequalified, bids may be received from the bidder within the limitations and restrictions imposed upon the prequalification. Unless otherwise specified by the City Engineer, any prospective bidder whose application for prequalification has been rejected, or who seeks a broadening of his prequalification or elimination of any restriction, may resubmit an application for a prequalification showing such additional facts and circumstances as he may desire, at least 3 months after the City Engineer’s determination. With or without a request from the prequalified bidder, the prequalification standing and any limitation on class of work or size of project may be reviewed further by the City Engineer and increased or decreased as found appropriate. In any event the City Engineer shall notify the prequalified prospective bidder in writing of any such revision.

Pursuant to ORS 279.043 any person intending to appeal his disqualification as a bidder shall, within 3 business days notify in writing the City Engineer that he appeals the disqualification. Immediately upon receipt of such notice of appeal, the City Engineer shall notify the Council, the City of Portland’s Public Contract Review Board and a hearing will be scheduled pursuant to ORS 279.045 and which may be reviewed pursuant to ORS 279.045.

Subject to the restrictions or limitations imposed thereon by the City Engineer, approval of the application for prequalification shall permit receipt of all bids submitted by the prequalified bidder on proposals fixed on or before the annual anniversary date assigned the prequalified bidder by the City Engineer. Prequalification applications submitted for renewal may not be submitted more than 120 days prior to the anniversary date assigned. Notwithstanding any such approval, the City Engineer may at any time terminate prequalification approval or may suspend the prequalification pending presentation as required by him of such additional information or standards either in person, by authorized representative or in writing under oath, concerning financial ability, equipment, experience or other matters which he shall deem appropriate. Receipt of a bid shall not, however, prevent determination that some other bidder is better qualified for a particular project, supply or service, nor constitute acceptance or award.

If notice thereof is filed with or sent to the City Auditor, new prequalification shall not be required for changes in corporation or business name or for changes in corporate officers, not involving changes in assets, financial standing or corporate reorganization, where no other change is involved.

Any information voluntarily submitted by an applicant pursuant to an investigation or in conjunction with a prequalification statement as required by this Chapter shall be deemed a trade secret pursuant to paragraphs (b) and (e) or Subsection (1) of ORS 192.500, if requested by the person submitting the information.

A. The prequalification application and any statement or information supplied in connection therewith, are deemed confidential. The City Engineer shall maintain custody of all information submitted to him for prequalification purposes and none of said information shall be disclosed to any other person except upon written order of the person furnishing the same or by an appropriate order of a court of competent jurisdiction.

B. Nothing contained in Subsection A of this Section shall be construed to prevent the disclosure of prequalification information to any officer, employee, or agent of the City, when it becomes necessary to examine or reexamine said information as part of an official duty.

This Chapter shall apply to any public improvement or maintenance work within all the area between curb lines in the street and within the Special Traffic Control District described in 17.23.030.

As used in this Chapter, the following terms shall have the following definitions:

A. “Street” shall mean any street as defined in the City Charter, including all area between the property lines, and area dedicated to street use.

C. “City Engineer” shall mean the duly appointed City Engineer, or any lawfully appointed subordinate of the City Engineer, acting under his orders.

D. “Maintenance” shall mean the function of protecting existing public and private facilities within the street area so as to keep those facilities in safe and convenient operating condition. Under this definition, the work would be of a routine nature and would not involve cutting the pavement.

E. “Emergency” shall mean any unscheduled repair of existing public or private facilities within the street area which must be accomplished immediately to protect the life, health, and well being of the public, or to protect public or private property. Under this definition, “emergency” work shall encompass only immediately required repairs and shall not include extensive replacement or upgrading of the facility.

F. “Public improvement” means in improvement of, on, over or under property owned or controlled by the public, or property to be controlled by the public upon plat and easement recording for approved subdivision or planned unit developments, by construction, reconstruction, remodeling, repair or replacement, when no property is intended to be charged through assessment any portion of the improvement cost.

The following described Special Traffic Control District will mean and include the following streets in the City;

Beginning with the intersection of the north line of West Burnside Street with the west line of N.W. 13th Avenue, running thence easterly along said north line of West Burnside Street to its intersection with the east line of NW Front Avenue; thence southerly along the east line of N.W. and S.W. Front Avenue to its intersection with the south line of S.W. Market Street to its intersection with the west line of S.W. Market Street; thence westerly along the south line of SW Market Street to its intersection with the west line of SW 13th Avenue; thence northerly along the west line of SW and NW 13th Avenue to the place of beginning.

Within the Special Traffic Control District, the City Engineer shall have the authority to issue temporary street closure permits to allow public improvements and maintenance within the street, including the authority to secure information from and coordinate the activities, authorized by the permit, of all public or private parties. The authority of the City Engineer shall not repeal the authority of the Building Bureau as outlined in Chapters 44 and 45 of the Uniform Building Code or as outlined in Section 24.44.020 of the Code of the City of Portland, Oregon.

A. Within the Special Traffic Control District, any public or private party desiring to perform public improvements or maintenance work in the street must first obtain a temporary street closure permit as prescribed in Section 17.44.020 of the Code of the City of Portland, Oregon, and pay the permit fees set forth in Section 17.24.020.

B. Any public or private party desiring to perform maintenance work during the nonpeak hours must notify the City Engineer 1 day in advance of the work and obtain verbal approval prior to commencing the work. Maintenance work which will avoid the peak hours, 7 to 8:30 a.m. and 4 to 6 p.m., Monday through Friday, will be exempt from obtaining a temporary street closure permit.

C. Any public or private party performing emergency work must notify the City Engineer at the time work is commenced and when finished. Emergency work may be performed without first obtaining the temporary street closure permit outlined in A above or without the 1 day advance notice outlined in B above.

D. Any private party obtaining a permit as described in Chapter 17.24 must schedule their work and obtain approval from the City Engineer 1 week in advance of starting work. Any private party obtaining a permit to perform public improvements in the street as described in Chapter 17.24 or 17.56, shall be exempt from obtaining an additional temporary street closure permit as described in this Section 17.23.050.

Permittees will be required to give 1-week advance notice, in writing, to abutting property owners and businesses which will be directly affected by the proposed work. The written notice must state the expected start date and duration of the project.

E. Maintenance work performed by the Oregon Department of Transportation which will take more than 1 day to complete, will require 1-week advance notification and approval from the City Engineer prior to commencing work. Maintenance work performed on SW Market Street and/or SW Clay Street by the Oregon Department of Transportation will be exempt from obtaining a temporary street closure permit.

Since the intent of this Code Section is to minimize traffic congestion in the central business district, permits issued within the Special Traffic Control District in accordance with Sections 17.23.050 and 17.24.010 must conform to traffic standards that are adopted and on file in the Bureau of Traffic Engineering. Within the special control district, the Traffic Engineer is hereby authorized and directed to enforce the traffic standards.

A. Any person desiring to make or obtain a public improvement or to do work in the street area must first obtain a permit therefor as prescribed in this Chapter, and pay the permit fees set forth in Section 17.24.020.

B. Except for work done by or under contract with the City, and except for work allowed to be performed under Subsection (d) of this Section 17.24.010, it is unlawful for any person to do any work or perform any act as set forth in this Title without first obtaining a permit therefor. It is unlawful for any person to break up, dig up, cut up, excavate or fill in any street or to construct any sidewalk, curb, gutter or to do any work in or upon any street or in any way to tamper with hard surface pavements without first obtaining a permit therefor and paying the fee prescribed in Section 17.24.020. The permit shall be obtained from the City Engineer unless specifically provided otherwise in this Title.

C. Any permittee failing to comply with any and all permit conditions or related Code provisions while doing work in the street area shall be reasonable cause for revocation of his permit. Upon revocation of his permit the City may complete the work and charge such costs to the permittee.

D. Notwithstanding anything to the contrary herein, residents and property owners are permitted to fill potholes in adjacent public streets which are not maintained by the City or any other jurisdiction, provided that the fill material used is similar to the existing road material, and provided that only hand tools are used in placing and distributing the fill material.

(Amended by Ordinance Nos. 140207, 143622, 144020, 144130, 146587, 149428, 150765, 151642, 151907, 154665, 164289, 165519, 166696, 167861, 168944 170200, and 171243, effective July 7, 1997.) The City Engineer may establish street use permit fees. Such fees shall recover full cost including all applicable overhead charges. Overhead rates shall be computed annually by the City Engineer and kept on file with the City Auditor. If a larger fee is required elsewhere in this Title for any class of permit, the larger fee shall apply, otherwise the following fees shall be paid for permits unless the Council, by Ordinance or Resolution, has granted a specific permit for a different fee: (See Figure 2 at the end of Title 17). All fees for recording permits and other documents with the County Recorder shall be paid by the property owner or permittee.

(Added by Ordinance No. 146587; amended by Ordinance Nos. 148388 and 151643; effective July 1, 1981.)

A. Engineering and superintendence services in connection with public improvement projects shall be charged in accordance with the schedule below, when either the City does design and survey or a consultant does design and survey. Direct cost shall be computed in accordance with the provisions of Chapter 5.48.030. The City Engineer shall review actual costs of engineering to insure that only usual and ordinary costs are included.

B. For public improvement projects for which the City does design and survey, application for a permit requires a deposit of one-half of the estimated total permit fee; the balance of the fee is due prior to issuance of the permit. For projects for which a consultant does design and survey, application for a permit requires a deposit of 20 percent of the estimated total permit fee; the balance of the fee is due prior to issuance of the permit.

C. Prior to the issuance of the certificate of completion by the City Engineer the fees charged to the permittee will be adjusted to agree with the actual costs of services as recorded by the City Engineer. The remaining balance, if any, after payment of all costs shall be returned to the permittee. If additional funds are required of the permittee, they shall be paid prior to the issuance of the certificate of completion.

D. The fees set forth above for engineering and superintendence services shall be charged to all public improvement projects for which application for a permit is made on or after July 1, 1981. The fee to be charged for public improvement projects for which application for a permit was made prior to July 1, 1981 shall be charged at the rate that was in effect prior to July 1, 1981.

A. All persons or agencies wishing to construct a public improvement shall make an application to the City Engineer for a permit. The application for permit hereunder shall contain such information as the City Engineer may designate, and shall specify the nature of the proposed improvement, the name of the street or streets to be improved or in which the improvement is to be located, the location of any off-street improvements and the completion date therefor.

B. All persons, corporations, or agencies desiring to construct public improvements in advance of plat recording of a subdivision or planned unit development shall make an application to the City Engineer for a permit. The permit will be issued by the City Engineer only after

2. the final plat, with or without required signatures affixed, has been submitted to the Bureau of Planning,

3. the Bureau of Planning and Bureau of Buildings have given written assurances that subdivision or planned unit development approval conditions have been or will be met,

4. all easements outside the subdivision or planned unit development have been obtained, and

The application for the permit hereunder shall contain the following information:

b. Locations and names of proposed streets in which improvements will be made, location of any off-street improvements, and the name of proposed plat.

c. Acknowledgment that the construction is on private property which is to become easement for public improvements or public right-of-way and to come under public control upon plat and easement recording with the county.

d. Authorization for City personnel to enter upon the particular private property for the purpose of testing, inspection and surveying if required, during the course of construction of the public improvements.

e. Acknowledgment that City inspection personnel may reject or require correction of work not in accordance with the approved plans and standard specifications, which would prevent future acceptance of the improvements.

f. Acknowledgment that all public and private utilities to be located in public rights of way must be installed prior to final acceptance of the public street improvements, or as directed by the City Engineer.

g. Acknowledgment that the plat and easements must be recorded with the County prior to final acceptance of the public improvements.

h. Acknowledgment that the permittee will hold the City of Portland harmless against any liability which may occur during construction prior to dedication of the right-of-way or recording of the easement, and further acknowledgement that the permittee assumes all risk of loss which may arise in the event the City or any other public agency subsequently requires changes in or additions to plans or refuses to approve all or any part of permittee’s improvements.

i. Acknowledgment that the permittee shall, at his own expense, maintain the public improvements for a period of 24 months following issuance of a certificate of completion by the City Engineer, as assurance against defective workmanship or materials employed in such improvement.

j. Acknowledgment that the issuance of this permit in no way waives any requirements by the City or any other public agency which may be associated with the development of this plat or Planned Unit Development.

(Amended by Ordinance Nos. 144020 and 148388, effective Sept. 6, 1979.) Concurrent with making the permit application the party desiring the permit shall deposit a sum equal to one-half of the estimated cost of engineering and superintendence as determined by the City Engineer except that when a consultant does the design and survey the deposit shall be 20 percent of the estimated cost of engineering and superintendence. This deposit shall be determined by using the appropriate schedule of services found in 17.24.070. All deposits must be made prior to any design work being done by the consultant. In the event that no permit is issued for the proposed improvement within 1 year from the time design and plans are reviewed and completed, the City shall retain the amount of the deposit as compensation for the preparation of design and plans or efforts of review. In the event a permit is issued for the proposed improvement within 1 year from the time such design and plans are completed, the amount of the required deposit shall be applied to the cost of the permit fee for such improvements.

A. A permit application for a public improvement shall be refused when the street grade has not been established, if street grade is applicable directly or indirectly to the proposed improvement, while a proposal to change the grade is pending before the Council, or after plans have been filed with the Council to improve the street.

B. The City Engineer may refuse a permit hereunder if in his judgment the improvement proposed to be made is not suitable in the circumstances, will not be uniform with existing or proposed street improvements in the immediate vicinity, or when the improvement contemplates the removal of earth from any street when it may be necessary to secure the deposit of the earth upon any other part of said street.

C. The City Engineer may refuse to issue a permit hereunder unless the application is modified as he may deem necessary. The City Engineer may require the addition of curbs if a sidewalk improvement is proposed. He may require the addition of curbs or sidewalks or both if the proposed improvement is a street improvement. If the City Engineer finds that water main extensions are likely to be needed within 2 years after the completion of a street improvement, he shall refuse issuance of street improvement permit unless the water main extensions are provided before the completion of a proposed street improvement. If an application is made for a street improvement and the City Engineer finds that public service installations will be needed below the surface of the street or that sanitary or storm drainage is necessary or that underground facilities are needed for future street light installations, he may refuse the application unless such installations are included within the proposal or are arranged to be completed prior to the completion of the proposed street improvement.

(Amended by Ordinance No. 144020, effective July 11, 1977.) Any permit issued hereunder for the construction of a public improvement may contain conditions which shall be binding upon the permittee, and such conditions may include prior filing of a performance bond or cash in lieu thereof equal to the engineer’s estimate, insurance, and may include such other requirements as the City Engineer finds appropriate in the public interest. The permit shall specify the kind of work and the time in which the same is to be completed.

(Amended by Ordinance No. 144020, effective July 11, 1977.) All work done in streets or other public places shall be done in the location approved by the City Engineer and in accordance with plans and specifications prepared or approved by the City Engineer. The permit may include conditions, and the conditions shall be binding upon the permittee (see 17.24.050). All work done shall be subject to the rejection or correction requirements of the City Engineer and subject to his final approval.

6. Inspect and approve all work done. At the option of the City Engineer, items 1, 2, and 3 above may be done by a professionally registered consulting engineer working under private contract with the permittee.

B. If a permittee, person, or agency seeks a public improvement to be constructed under contract in the name of the City, then the permittee shall be charged for engineering and superintendence services in an amount equal to the engineer’s estimate of the actual costs of such services in accordance with the provisions of Chapter 5.48.050. This fee shall be paid prior to the issuance of permittee’s permit for public improvement.

C. (Amended by Ordinance Nos. 146587 and 151643, effective July 1, 1981.) If a permittee, person or agency seeks a public improvement to be constructed under private contract between the permittee and a contractor, or if the permittee desires to do the work himself or have it done under his direction, then the permittee shall be charged for engineering and superintendence services in an amount computed as follows below. This fee shall be paid prior to the issuance of permittee’s permit for public improvements.

3. Consultant does design, City does survey - see 17.24.025 A plus survey actual costs by authority of 5.48.030.

D. If the specifications or other contract documents are not strictly complied with or the work is not completed within the time specified in the permit, the City Engineer shall refuse to accept the work. If the work is refused by the City Engineer, it shall not thereafter be accepted unless corrected to conform to plans and specifications and unless approved by the City Council.

A. All work done under and in pursuance of a permit shall be under the supervision of the City Engineer, who shall determine the details of the improvement and whose orders in regard to the improvement and the execution of the same shall be obeyed by the applicant for the permit and by the persons doing the work.

B. The City Engineer shall have the authority to refuse issuance of permits for work within the street right-of-way to any individual, corporation or company until the requirements of permits previously issued are complied with. This authority shall include, but not be limited to, denial of a permit when the applicant is delinquent in payment of fees or City charges for work performed for the applicant by the City or has failed to complete work on any previously issued permit or permits.

(Added by Ordinance No. 144020, effective July 11, 1977.) Any and all plans, specifications, survey notes or other original documents as required by the City Engineer that were either prepared for or produced during the design or construction of a public improvement, become the property of the City and shall be delivered to the City Engineer prior to his acceptance of the improvement.

(Amended by Ordinance Nos. 144020 and 151100, effective Feb. 12, 1981.) During the course of construction and prior to the issuance of a certificate of completion for a public improvement under this Chapter, the City Engineer shall inspect the improvement and determine if the various kinds of work performed are in compliance with the plans, specifications and allowances of the permit as to quality of workmanship. Furthermore, the City Engineer shall check the improvement for alignment, proper computation of quantities and conformance with the established grade. If all of the work required is completed and done to the satisfaction of the City Engineer, he shall give a certificate therefor to that effect and that the improvement is accepted, if done within the completion date, as hereinabove set forth, and within recorded public rights of way and easements. Otherwise, the acceptance may be made by the Council on the certification of conformity to Code provisions and proper grades filed by the City Engineer.

A. After the public improvement hereunder is accepted and while such improvement remains in good order, it shall be deemed a completion of that part of any subsequent improvement ordered by the council of the same class and character.

B. After completion of any street improvement under permit as set forth in this Chapter, the surface of any street improvement, whether roadway, curb or sidewalk, shall not thereafter be cut or dug up, for a period of 2 years after the acceptance, subject to the following provision: if the surface is cut or disturbed for any utility or public service installation or for any local improvement, then the cost attributable to the paving shall be chargeable to the permittee under this Chapter. The City Engineer may require a penal bond for the amount he estimates might be chargeable under the preceding sentence, or in lieu thereof the permittee may deposit cash or securities to that amount with the City Treasurer. If the deposit is not used or made chargeable for such cutting within the 2-year period, then the deposit shall be returned to the permittee. However, if only a portion of the deposit is so chargeable, then upon determination of the remainder, the balance shall be refunded to the permittee.

The City Engineer shall keep a record of improvements under permit and the issuance of permits under this Chapter, and the date of certificate of approval and acceptance if made.

In the event the City Engineer or the City Council does not accept an improvement made pursuant to permit under this Chapter within 1 year after completion and tender for approval, then the permittee shall remove the same and restore the public area to its prior condition at his own expense, whenever and to the extent directed by the City Engineer.

(Added by Ordinance No. 161791, effective Apr. 12, 1989.) A structural driveway is any structure intended to provide vehicular access to parking and maneuvering space on private property from a public right-of-way.

(Added by Ordinance No. 161791, effective Apr. 12, 1989.) The City Engineer may grant a revocable permit to an abutting property owner for the construction and maintenance of a structural driveway within a public street if in the City Engineer’s judgment there is no other available means of obtaining vehicular access to a structure on abutting private property.

(Added by Ordinance No. 161791, effective Apr. 12, 1989.) The applicant shall submit to the City Engineer two complete site plans, two sets of structural plans and calculations bearing the registration stamp and signature of an engineer licensed in the State of Oregon to design structures, and a non-refundable application fee of $250. The City Engineer may require the applicant to submit a complete geotechnical report and any recommendations made in connection with such report may be required.

A. The City Engineer will review the application to determine compliance with design standards, possible conflicts with public facilities, and compatibility with existing or future street plans. If in the course of the review the City Engineer determines that modifications to the proposed plan are necessary, the applicant shall make the requested modifications and resubmit the plan to the City Engineer with all required corrections.

B. The decision of the City Engineer as to the suitability of the proposed location, materials used, technical requirements of specifications and plans shall be final and conclusive.

A. Load ratings and structural design shall be in accordance with the most current edition of the Standard Specifications for Highway Bridges published by the American Association of State Highway and Transportation Officials (AASHTO) in effect at the time of permit issuance or such alternative specifications as are adopted by the City Engineer.

B. Structural driveways shall have a minimum load rating of H-15 except that in cases where the structural driveway accesses only one single family residential structure from a Local Service Traffic Street as defined by the Arterial Streets Classification Policy, the City Engineer may allow a structural driveway in conformance with Uniform Building Code standards if, in his or her opinion, the

circumstances are such that the lower rating will not create a hazard to the public or users of the structural driveway and permanent vehicle barriers are installed to prevent access to the structure by vehicles exceeding eight feet in height.

C. The City Engineer may require vehicle barriers, railings, and other appurtenances in excess of AASHTO standards and higher load ratings if in the City Engineer’s opinion such appurtenances are necessary to protect the public and users of the structural driveway.

A. Permits for structural driveways will be issued only to the owner of the property abutting the half of the street area in which the structural driveway is proposed to be built. The burdens and benefits of any such permit shall run with the property abutting the half of the street area in which the structural driveway is proposed to be built. Upon sale or disposition of the property, the permit shall automatically transfer to any new owner of the property, except when the permit specifically prohibits such transfer.

B. The abutting property owner shall be liable to any person who is injured or otherwise suffers damage by reason of the property owners use of the street area. Furthermore, said abutting property owner(s) shall be liable to the City of Portland for any judgment or expense incurred or paid by the City by reason of the existence of a structural driveway in the street area.

C. This permit shall be for the use of the street area only, and shall not exempt the permittees from obtaining any license or permit required by the City Code or Ordinances for any act to be performed under this permit, nor shall this permit waive the provisions of any City Code, Ordinance, or the City Charter, except as herein stated.

D. The conditions in a permit for a structural driveway are burdens upon the abutting property which shall run with the land, and the permit shall be recorded with the Multnomah County Records Division, and the cost of recording shall be paid by the applicant.

3. If the permittee fails to maintain the structure to the City Engineer’s satisfaction;

4. If the permittee allows a dangerous condition, as determined by the City Engineer, to continue for more than twenty days after being given notice to correct the condition; or

B. The City Council may revoke any structural driveway permit for any reason the Council determines to be in the best interest of the City.

C. No grant of any permit, expenditure of money in reliance thereon, or lapse of time shall give the permittee any right to the continued existence of a structure or to any damages or claims against the City arising out of revocation.

(Added by Ordinance No. 161791, effective Apr. 12, 1989.) Upon revocation of the permit, the permittee or any successor permittee, shall at permittee’s own cost remove such structure within 30 days after written notice to the permittee by the City of such revocation, unless the City Council specifies a shorter period, and shall return the street area in which the structure was located to the condition of the street area immediately surrounding it, to the satisfaction of the City Engineer. If the permittee does not remove the structure and/or return the street area to a condition satisfactory to the City Engineer, the City Engineer may do so, and the permittee shall be personally liable to the City for any and all costs of dismantling the structure and reconstructing the street area. The costs of removal and reconstruction shall become a lien upon the abutting property until paid by the permittee.

(Added by Ordinance No. 161791, effective Apr. 12, 1989.) The fee for plan review, permit issuance, and any City Engineer’s inspection of structural driveways shall be the full cost incurred by the City for such services. The minimum fee shall be $250. If full cost will exceed $250, the applicant shall pay any additional costs prior to issuance of the permit. Amounts paid by the applicant in excess of full City costs, which exceed the $250 minimum fee, will be refunded to the applicant.

(Added by Ordinance No. 161791, effective Apr. 12, 1989.) The City Engineer may inspect the construction, require the permittee to retain the services of a special inspector who will submit inspection reports directly to the City Engineer, or a combination of the above. It shall be permittee’s responsibility to obtain the required inspections and failure to do so is grounds for revocation of the permit.

Operating a sidewalk cafe on City sidewalks is unlawful without a permit. No person shall conduct a business as herein defined without first obtaining a permit from the Office of the City Engineer and paying the fee therefor to the City Treasurer. It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk within the City of Portland except as provided by this Chapter.

A. Operate a sidewalk cafe. Operate a sidewalk cafe means serving food or beverage from an adjacent cafe or restaurant to patrons seated at tables located within the sidewalk area adjacent to the cafe or restaurant.

B. Sidewalk. Sidewalk means that portion of the street between the curb lines or the lateral lines of roadway and the adjacent property lines intended for use by pedestrians.

C. Commercial zone. Commercial zone means abutting property which is zoned M, C1 or C2 pursuant to Title 33, Planning and Zoning of this Code or any other zone which may be created as a successor zone to such existing commercial zones.

D. Mall area. Mall area means that area bounded by SW Broadway on the west, West Burnside Street on the north, SW Fourth Avenue on the east, and SW Madison Street on the south, but not including the street and sidewalk areas of SW Broadway and SW Fourth Avenue.

The permit fee for operating a sidewalk cafe shall be $10, this fee to become effective January 1, 1981.

Application for a permit to operate a sidewalk cafe shall be made at the office of the City Engineer in a form deemed appropriate by the City Engineer. Such application shall include, but not be limited to, the following information:

C. A drawing showing the width of the applicant’s cafe or restaurant facing the sidewalk area requested to be used, location of doorways, width of sidewalk (distance from curb to building face), location of trees, parking meters, bus shelter, sidewalk benches, tree or trash receptacles, or any other semi-permanent sidewalk obstruction.

D. A drawing showing the area requested for use as a sidewalk cafe with the table locations together with the area which will be occupied by the table and accompanying chairs, location and size of any features used to delineate the area such as portable planters, etc.

E. A color rendition in perspective for review by the Bureau of Planning shall be furnished upon request by the City Engineer.

F. A letter signed by the property owner, consenting to a sidewalk cafe adjacent to the property on which the restaurant is located.

No person shall operate any restaurant or cafe, to provide food or alcoholic liquor, on any public street or sidewalk unless such person has obtained a valid permit, to operate that business in such a manner, pursuant to this Chapter.

The applicant will be guided by the following in the drawing required in Section 17.25.040 D:

A. The area to be considered must have combination sidewalks which are 12 feet in width or greater.

B. Sidewalk cafes proposed for areas which have a high density of pedestrian usage will be located such that there is a clear passageway of at least 6 feet.

C. Requests for sidewalk cafe permits within the “Mall area” will be considered only in the area adjacent to the curb and does not have bus loading or unloading areas.

A signed statement that the permittee shall hold harmless the City of Portland, its officers and employees, and shall indemnify the City of Portland, its officers and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Permittee shall furnish and maintain such public liability, food products liability, and property damages insurance as will protect permittee and City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than $100,000 for bodily injury for each person, $300,000 for each occurrence and not less than $300,000 for property damage per occurrence. Such insurance shall be without prejudice to coverage otherwise existing therein, and shall name as additional insures the City of Portland, its officers and employees, the property owner, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the contract without 30 days written notice to the Auditor of the City of Portland.

The permit issued shall be in a form deemed suitable by the City Engineer. In addition to naming the permittee and other information deemed appropriate by the City Engineer, the permit shall contain the following conditions:

A. Each permit issued shall terminate December 31st of the year in which issued.

B. The permit issued shall be personal to the permittee only and is not transferable in any manner.

C. The permit may be suspended by the City Engineer when an ordinance providing for a “community event” shall so provide.

D. The permit is specifically limited in the area shown on the “Exhibit” prepared by the City Engineer and attached or made part of the permit.

E. The permittee shall use positive action to assure that its use of the sidewalk in no way interferes with or embarrasses sidewalk users or limits their free and unobstructed passage.

F. The sidewalk and all things placed thereon shall at all times be maintained in a clean and attractive condition; and at such times that the permittee is not utilizing the sidewalk as authorized, all things shall be removed therefrom. If throwaway utensils, cups, and plates, etc., are used, trash containers will be provided on site for use by the cafe patrons.

G. The permittee shall notify the City Engineer when operation of the sidewalk cafe begins.

A. The City Engineer may deny, revoke, or suspend the permit for any sidewalk cafe authorized in the City of Portland if it is found:

3. The permittee does not have insurance which is correct and effective in the minimum amount prescribed in Section 17.25.070.

B. Upon denial or revocation, the City Engineer shall give notice of such action to the applicant or permittee in writing stating the action which has been taken and the reason therefor. If the action of the City Engineer is based upon Subsection A 2 and 3 of this Section, the action shall be effective upon giving such notice to the permittee, otherwise, such notice shall become effective within 10 days unless appealed to the City Council by filing a written notice of appeal with the City Auditor. Any revocation effective immediately may also be appealed to the Council by such filing within 10 days.

The Auditor shall place the appeal on the Council Calendar at the first convenient opportunity therefor and shall notify the City Engineer thereof. At the hearing upon appeal, the Council shall hear all witness including the City Engineer, or his representative who shall state the grounds for his action, and the applicant or person whose permit has been revoked or suspended may supply testimony in writing by witness or otherwise and may question witnesses on his own behalf or on behalf of the City. The Council shall hear and determine the appeal, and the decision of the Council shall be final and effective immediately.

No person shall conduct business as herein defined on any City sidewalk without first obtaining a permit from the Office of the City Engineer and paying the required fee. It shall be unlawful for any person to sell any goods or services on any sidewalk within the City of Portland except as provided by this Chapter.

A. “Conduct business.” Conduct business means the act of selling or attempting to sell services, or edible or nonedible items for immediate delivery.

B. “Sidewalk.” Sidewalk means that portion of the street between the curb lines or the lateral lines of a roadway and the adjacent property line intended for the use of pedestrians.

C. “Commercial zone.” Commercial zone means abutting property which is zoned M, C1, C2 or C3 pursuant to Title 33, Planning and Zoning, of this Code or any other zone which may be created as a successor zone to such existing commercial zones.

D. “Permit operating area.” Permit operating area means the sidewalk from the midpoint of one block face to the midpoint of an adjacent block face.

E. “Special events.” Special events mean an event specifically approved by an individual ordinance or permit granting use of street and sidewalk areas within a specifically defined area for a period of time not exceeding 10 days to a community based organization.

(Amended by Ordinance No. 167130, effective Nov. 24, 1993.) The City Engineer shall maintain a list of items and services which are either approved or prohibited for sale from sidewalk vending carts. Any item or service not on the list may be considered for approval based on the following criteria:

2. Not lead to or cause congestion or blocking of pedestrian traffic on the sidewalk;

3. Involve a short transaction period to complete the sale or render the service;

Requests to have an item or service considered for approval shall be submitted in writing to the City Engineer who shall determine whether the item or service conforms to the above criteria. If the item or service conforms to the above criteria, it shall be listed as approved for sale by sidewalk vendors. If the item or service does not conform, it shall be listed as prohibited for sale by sidewalk vendors. The decision of the City Engineer if adverse to the party making the request, may be appealed to the Council.

Each application for a permit to conduct business on a sidewalk shall be accompanied by a $60 application fee. The application fee is nonrefundable and additional to the permit fee. The permit fee of $75 shall be collected prior to issuance of the permit. The permit fee between September 1st and December 31st shall be $40. Permits renewed prior to expiration do not require an application fee.

(Amended by Ordinance No. 165594, effective July 8, 1992.) Application for a permit to conduct business on a sidewalk shall be made at the office of the City Engineer on a form deemed appropriate by the City Engineer. Such application shall include but not be limited to the following information:

C. Type of items sold or services rendered. Individual applications shall be accepted for one type of product or service only.

D. A valid copy of all necessary permits required by State or local health authorities;

E. A signed statement that the permittee shall hold harmless the City of Portland, its officers and employees and shall indemnify the City of Portland, its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Permittee shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect permittee, property owners, and City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than $100,000 for bodily injury for each person, $300,000 for each occurrence and not less than $300,000 for property damage per occurrence. Such insurance shall be without prejudice to coverage otherwise existing therein, and shall name as additional insures the City of Portland, their officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the contract without 30 days written notice to the Auditor of the City of Portland.

F. Means to be used in conducting business including but not limited to a description of any mobile container or device, to be used for transport or to display approved items or services.

G. A separate application shall be required for each mobile container or device to be used for transportation or display;

H. The proposed location for conducting business and the written consent of the property owner(s) adjacent to the permit operating area, along with a signed statement that permittee shall hold harmless the adjacent property owner(s) for any claims for damage to property or injury to persons which may be occasioned by any activity carried on or under the permit. This consent and hold harmless statement must be submitted on a form deemed appropriate by the City Engineer. No application shall apply to more than one location. No application will be accepted for a permit operating area within which a current permit has been issued or an application is pending. Valid 1982 permits which allowed two carts within a permit operating area may apply for renewal provided they have not lapsed or been revoked.

I. No food vendor application will be accepted for a permit operating area where a restaurant or fruit and vegetable market, with direct access to the sidewalk, is adjacent or within 100 feet on the same block. No application will be accepted for a flower vendor for a permit operating area where a flower shop, with direct access to the sidewalk, is adjacent or within 100 feet on the same block. The above requirement may be waived if the application is submitted with the written consent of the proprietor of the restaurant, fruit and vegetable market or flower shop. The consent must be submitted on a form deemed appropriate by the City Engineer.

This provision is not an exception to the location and distance prohibitions included in Section 16.70.550 of the Code of the City of Portland, and no application shall be accepted for a location which would be in violation of that Section.

A. Permit operating areas which have not been issued a current permit shall be available only upon receipt of the written consent of the property owners adjacent to the permit operating area.

B. No vendor or vending business may obtain permits for adjacent permit operating areas on the same block. Valid 1982 permits are exempt from this restriction provided they have not lapsed or been revoked.

C. The City Engineer may establish an additional permit operating area on a block face which exceeds 300 feet in length.

Upon receipt of an application for a permit the City Engineer shall review the proposed permit operating area to determine if the said area is suitable for sidewalk vending. In making this determination, the City Engineer shall consider the following criteria:

B. The use of the permit operating area for sidewalk vending must be compatible with the public interest in use of the sidewalk areas as public right-of-way. In making such determination the City Engineer shall consider the width of sidewalk, the proximity and location of existing street furniture, including, but not limited to, signposts, lamp posts, parking meters, bus shelters, benches, phone booths, street trees and newsstands, as well as, the presence of bus stops, truck loading zone, taxi stands or hotel zones to determine whether the proposed use would result in pedestrian or street congestion.

The City Engineer shall inform the applicant whether the proposed permit operating area is suitable or unsuitable. In the event the applicant is dissatisfied with the City Engineer’s decision regarding a certain application, he may appeal the decision to the Commissioner In Charge. The decision of the Commissioner, if adverse to the applicant or any notified party may be appealed to the City Council.

No person or corporation shall either pay or accept payment for written consent required for the issuance or continued operation of a sidewalk vending permit.

A. The applicant for a sidewalk vendor permit shall submit detailed scale drawings of the device to be used, material specifications, and an isometric drawing in color of at least two views showing all four sides of the vending device and any logos, printing or signs which will be incorporated and utilized in the color scheme. The City Engineer shall submit the isometric drawings of the vending device to the Bureau of Planning for approval prior to issuing a permit. Vending devices shall be measured by the City Engineer prior to the issuance of a permit or the renewal of a sidewalk vendor’s permit to ensure compliance with Section 17.26.090 A of this Chapter.

B. The Bureau of Planning shall furnish the City Engineer standards required by the Design Review Committee to be incorporated in the sidewalk vendors application packet.

Prior to the issuance of any permit, the Fire Marshal shall inspect and approve any mobile device or pushcart to assure the conformance of any cooking or heating apparatus with the provisions of the City Fire Code.

The applicant must complete all reviews, inspections and present all required documents to the City Engineer within 60 days from date of location approval. Failure to meet this requirement shall result in cancellation of the application and forfeiture of the application fee. The City Engineer may extend this time limit, upon written request, if he finds there is a reasonable need.

C. The permit is valid only when used at the permit operating area designated on the permit. The permit operating area may be changed by submitting a new letter of consent accompanied by an additional application fee;

E. The location within the permit operating area may be changed, either temporarily or permanently, by written notice of the City Engineer;

G. The permit as it applies to a given permit operating area may be suspended by the Council for a period up to 10 days when an ordinance providing for a “community event” shall so provide.

Application for renewal of permits shall be received from November 1st through December 31st. Application shall be on a form deemed suitable to the City Engineer, accompanied by a permit fee. Applications received after December 31st shall be processed as new applications. The City Engineer shall review each application to determine that:

B. The applicant has a currently effective insurance policy in the minimum amount provided in Section 17.26.050 E;

D. The cart size is in conformance with Section 17.26.130 E. If the City Engineer finds that the application meets all the above requirements, he shall issue a new permit.

A. Any person conducting business on the sidewalks of the City of Portland with a valid permit issued under this Chapter may transport and/or display approved items or services upon any mobile device or pushcart, under or subject to the following conditions:

1. The operating area shall not exceed 24 square feet of sidewalk which shall include the area of the mobile device or pushcart, and, when externally located, the operator and trash receptacle.

3. The height of the mobile device or pushcart, excluding canopies, umbrellas, or transparent enclosures, shall not exceed 5 feet.

1. Within 10 feet of the intersection of the sidewalk with any other sidewalk except that the City Engineer may waive this restriction in writing for any location upon finding that construction of extra-width sidewalks makes such use consistent with the standards established by Section 17.26.070.

3. Within 10 feet of the extension of any building entrance or doorway, to the curbline.

C. All persons conducting business on a sidewalk must display in a prominent and visible manner the permit issued by the City Engineer under the provisions of this Chapter and conspicuously post the price of all items sold.

D. All persons conducting business on a sidewalk must pick up any paper, cardboard, wood or plastic containers, wrappers, or any litter in any form which is deposited by any person on the sidewalk or street within 25 feet of the place of conducting business. Each person conducting business on a public sidewalk under the provisions of this Chapter shall carry a suitable container for placement of such litter by customers or other persons.

E. All person conducting business on a sidewalk shall obey any lawful order of a police officer to move to a different permitted location to avoid congestion or obstruction of the sidewalk or remove his vending cart entirely from the sidewalk if necessary to avoid such congestion or obstruction.

F. No person shall conduct business as defined herein at a location other than that designated on his permit.

G. No permittee shall make any loud or unreasonable noise of any kind by vocalization or otherwise for the purpose of advertising or attracting attention to his wares.

H. No permitted cart or device shall be left unattended on a sidewalk nor remain on the sidewalk between midnight and 6 a.m.

I. No permittee shall conduct business in violation of the provisions of any ordinance providing for a special event.

The special event designation allows vendors to conduct business on City sidewalks at the Rose Festival parades and other major special events that the City Engineer shall so designate, subject to the following conditions:

A. Application shall be made to the City Engineer on a form deemed appropriate by the City Engineer. Each application shall apply to only one event or parade. Application is open to any vendor who possesses a valid sidewalk vending permit. Each application shall be accompanied by:

2. The proposed location for conducting business along with the temporary written consent of the property owners adjacent to the permit operating area. This temporary consent must be on a form deemed appropriate by the City Engineer. No application will be accepted for a permit operating area within which a permit has been issued or an application is pending.

B. Application must be made at least 5 working days prior to an event to qualify for participation.

C. All temporary locations shall be on side streets adjacent to the parade or event.

D. Temporary locations are valid only for the date and hours specified by the City Engineer.

E. All other conditions of this Chapter, except as herein stated, shall remain in effect.

A. The City Engineer may revoke or suspend the permit, or deny either the issuance or renewal thereof, of any person to conduct business on the sidewalks of the City of Portland if he finds:

1. That such person has violated or failed to meet any of the provisions of this Chapter;

2. That the cart operation has become detrimental to surrounding businesses and/or the public, due to either appearance or condition of the cart.

4. The permittee does not have a currently effective insurance policy in the minimum amount provided in Section 17.26.050 E.

B. Upon denial, suspension or revocation, the City Engineer shall give notice of such action to the permit holder or applicant, as the case may be, in writing stating the action he has taken and the reasons therefor. If the action of the City Engineer is a revocation based on Subsections A 3 and 4 of this Section, the action shall be effective upon giving such notice to the permittee, otherwise such notice shall contain the further provision that it shall become final and effective within 10 days. Any revocation effective immediately may also be appealed to the Council by such filing within 10 days. Any revocation, suspension or denial may be appealed to the City Council by filing a written notice of appeal with the City Auditor within 10 days of receipt of notification.

The Auditor shall place the appeal on the Council calendar at the first convenient opportunity therefor and shall notify the City Engineer thereof. At the hearing upon appeal, the Council shall hear all witnesses including the City Engineer or his representative who shall state the grounds for this action, and the applicant or person whose permit has been revoked or suspended may supply testimony in writing by witnesses or otherwise and may question witnesses on his own behalf or on behalf of the City. The Council shall hear and determine the appeal and the decision of the Council shall be final and effective immediately.

Any person violating any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a period not exceeding 6 months, or by both such fine and imprisonment. In the event that any provisions of this Chapter is violated by a firm or corporation, the officer or officers, or the person or persons responsible for the violation shall be subject to the penalty herein provided.

The placement of any cart or device on any sidewalk in violation of the provisions of this Chapter is declared to be a public nuisance. The City Engineer may cause the removal of any cart or device found on a sidewalk in violation of this Chapter and is authorized to store such cart or device until the owner thereof shall redeem it by paying the removal and storage charges therefor to be established by the Commissioner In Charge.

17.27.055 Maintenance and Repairs to Concessions and Display Kiosks by Permit Holder.

This Chapter shall apply only to structures and enclosures designated as kiosks and located in the Transit Mall area.

As used in this Chapter, the following terms shall have the following definitions.

A. “Trip planning kiosks.” Structures used and maintained by the Tri-County Metropolitan Transportation District of Oregon to disseminate information about bus schedules, routes, and related information.

B. “Poster kiosks.” Structures used to disseminate information about civic, cultural, and educational events.

C. “Concession kiosks.” Structures designed for the sale of certain merchandise.

D. “Bulletin board kiosk.” A structure designed for use by the general public for the dissemination of information.

E. “Display kiosks.” Structures designed for the display of merchandise by commercial enterprises within the City of Portland.

F. “Retail information kiosks.” Structures designated for use by the Association of Portland Progress in which to place business directories for the convenience of the public.

G. “Mall area” means that area bounded by SW Broadway on the west, West Burnside on the north, SW Fourth Avenue on the east, and SW Madison on the south, but not including the street and sidewalk areas on SW Broadway and SW Fourth Avenues.

A. Trip planning kiosks are located as follows: East side of SW 6th Avenue between SW Main and SW Salmon Streets, SW Morrison and SW Alder Streets, SW Washington and SW Stark Streets and SW Oak and SW Pine Streets, east side of SW 5th Avenue between SW Madison and SW Main Streets, SW Yamhill and SW Morrison Streets, SW Alder and SW Washington Streets and SW Stark and SW Oak Streets.

B. Poster kiosks are located as follows: West side of SW 6th Avenue between SW Salmon and SW Taylor Streets and SW Washington and SW Stark Streets; east side of SW 5th Avenue between SW Madison and SW Main Streets and SW Pine and SW Ankeny Streets.

C. Concessions kiosks are located as follows: West side of SW 6th Avenue between SW Taylor and SW Yamhill Streets; east side of SW 5th Avenue between SW Taylor and SW Yamhill Streets.

D. Bulletin board kiosk is located on the east side of SW 5th Avenue between SW Yamhill and SW Morrison Streets.

E. Display kiosks are located as follows: East side of SW 6th Avenue between SW Alder and SW Washington Streets and SW Washington and SW Stark Streets.

F. Retail information kiosks are located as follows: West side of SW 6th Avenue between SW Alder and SW Morrison Streets; east side of SW 5th Avenue between SW Alder and SW Morrison Streets.

A. Organizations or institutions sponsoring civic, cultural, educational, recreational or athletic events to be held in publicly owned buildings, or in public rights of way pursuant to a permit issued by the City, may post notices of these events in poster kiosks upon filing a request with the City Engineer.

B. Nonprofit organizations soliciting contributions for money or materials to provide assistance to the general public welfare and having the required solicitation permit from the Bureau of Licenses may post notices informing the public that their campaign is taking place with approval of the City Engineer and Commissioner In Charge.

Any nonprofit organizations or institutions sponsoring civic, cultural, educational, recreational or athletic events anywhere within the City may post notices of those events on bulletin board kiosks upon filing a request with the City Engineer. The City Engineer may restrict the size of such notices to encourage the maximum possible use of the kiosks. The person posting such communications shall include on the message the date upon which it is posted. The City Engineer may, within his discretion, remove from the bulletin board kiosks notices which announce past events, which have become illegible, which have been posted more than 1 month, or which are not dated. In addition, the City Engineer on the first working day of each month may remove everything posted on each bulletin board kiosk.

The Association for Portland Progress is restricted to providing that information necessary to enable the public to find a business or enterprise located in downtown Portland.

No permit to operate a display, concessions, trip planning or retail information kiosk shall be issued until the proposed permittee has signed a statement that it shall hold harmless the City, its officers and employees, and shall indemnify the City, its officers and employees, for any claims for property damage or personal injury which may result from any activity carried on under the terms of the permit. Permittee shall furnish and maintain sufficient public liability, product liability, and property damage insurance to protect the permittee and the City from all claims for property damage or personal injury, including death, which may arise from or in connection with operations under the permit. Such insurance shall provide coverage of not less than $100,000 for bodily injury for each person, $300,000 for each occurrence, and $300,000 for property damage per occurrence. This insurance shall be without prejudice to coverage otherwise existing

therein, and shall name as additional insures the City of Portland, its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the contract without 30 days written notice to the Auditor of the City.

17.27.055 Maintenance and Repairs to Concessions and Display Kiosks by Permit Holder.

Permit holders are responsible for all maintenance of display, concession kiosks and retail information kiosks. No permit holder shall repair a kiosk without the City Engineer’s approval. Permit holders are not responsible for repairs necessitated by acts of vandalism, acts of God, acts of third parties over whom the permittees have no control, or any other damage arising other than from the fault of the permittee.

No person shall conduct business or display merchandise from any kiosk without first obtaining a permit from the City Engineer and paying the fee required to the City Treasurer. It shall be unlawful to sell goods or services for present or future delivery from any kiosk except as provided by this Chapter.

Application for a permit to conduct business or display merchandise from a kiosk shall be made at the office of the City Engineer in a form deemed appropriate by the City Engineer. This application shall include but not be limited to the following information:

C. A valid copy of all necessary permits required by State or local authorities.

A. The City Engineer may deny, revoke or suspend the permit of any person to operate a concessions or display kiosk in the City upon finding:

2. That any necessary State or local authority permit has been suspended, revoked, or canceled;

3. That the permittee does not have a currently effective insurance policy in the minimum amount required by Section 17.27.050; or

B. The City Engineer shall at least once each quarter review the operations of each concession and display kiosk for compliance with the requirements of this Chapter and notify the permittee of any discrepancies observed. Failure to correct noted discrepancies is cause for revocation or suspension of the permit to operate for 30 days.

C. The City Engineer shall give written notice of a denial, revocation or suspension to the affected permittee or applicant. If the action is a revocation based upon Subsection A 2 or 3 of this Section, it shall be effective upon giving such notice to the permittee. Otherwise, the notice shall provide that it shall become effective within 10 days unless appealed to the City Council by filing a written notice of appeal with the City Auditor. Any revocation effective immediately may also be appealed to the Council by such filing within 10 days.

A. Permits for display and concessions kiosks shall be issued for a term of 2 years and may be extended an additional year upon written request by the permittee and approval of the City Engineer. The request for extension to be in writing and to be received by the City Engineer not less than 45 days prior to the permit expiration date. The provision of this Chapter relating to extension of a permit by the City Engineer shall become effective July 1, 1983;

Prior to licensing any display or concessions kiosk user, the City Engineer shall advertise in a newspaper having general circulation within the City of Portland not less than once a week for 2 consecutive weeks. All bids shall be in cash, sealed, and placed with the City Engineer within 14 days of the date of the second advertisement for bids. Within 15 working days of the bid closing date, the City Engineer shall announce the highest bidder. If two or more highest bids for a kiosk are identical amounts, the party whose bid is received first shall be deemed the highest bidder. If a tie still exists, the City Engineer shall require the tied parties to rebid. The highest bidder who has met all requirements of this Chapter shall be granted a permit to operate the kiosk at the specified location upon

providing evidence of having a current business license. If only one bid is received and the bidder meets the requirements of this Chapter, that bidder shall pay either $150 for the 2-year permit period or the amount of the bid, whichever is greater.

Permittees who have applied for and have received approval for a 1-year extension to their display or concessions kiosk permit shall pay within 10 days of the day upon which the City Engineer sends notice a fee equal to one-half their bid or $75, whichever is greater.

Any commercial enterprise having its place of business within the City of Portland may place a bid with the City Engineer for a permit to operate a display kiosk.

Displayed merchandise shall be changed at least 10 times each 12-month period for which the permit is issued, commencing with the date of issue.

All persons conducting business from a kiosk must display in a prominent manner the permit issued by the City Engineer under the provisions of this Chapter.

Concessions kiosks shall be used only for the sale of flowers, plants, and those items associated with such sales. Flowers, plants, and associated items will not be stored or placed outside a concessions kiosk. Regulations for delivery to businesses located adjacent to the SW 5th Avenue transit mall apply to these kiosks.

All persons conducting business from a kiosk must pick up any paper, cardboard, wood, or plastic containers, wrappers, or any letter in any form which is deposited by any person on the sidewalk or street within 25 feet of the place of conducting business. Each person conducting business on a public sidewalk under the provisions of this Chapter shall carry a suitable container for the placement of such litter by customers or other persons.

No permittee shall make any loud or unreasonable noise by any method to advertise or attract attention to his or her goods.

The Auditor shall place the appeal on the Council Calendar at the first convenient opportunity and shall notify the City Engineer or representative, who shall state the grounds for his action. The party appealing may supply oral or written testimony. The Council shall hear and determine the appeal, and its decision shall be final and effective immediately.

Nothing in this Chapter shall be construed to alter or affect in anyway the duties, responsibilities and liabilities created by or referred to in Sections 14.20.160, 14.20.170, 17.28.010 and 17.28.020 of the City Code and Sections 1-105 and 9-507 of the Portland City Charter.

17.28.140 City Charges for Construction or Repair of Sidewalks, Curbs and Driveways.

A “sidewalk” means street area or a portion thereof intended for the use of pedestrians. Unless the street area has been designated as a pedestrian mall, or unless the entire street has been designated primarily for pedestrian use, for the purpose of this Chapter, “sidewalk” is that part of a street on the side thereof intended for the use of pedestrians, improved by surfacing.

“Owner” means the owner of the real property or the contract purchaser of real property of record as shown on the last available assessment roll in the office of the county assessor.

A. The owner(s) of land abutting any street in the City shall be responsible for constructing, reconstructing, maintaining and repairing the sidewalks, curbs, driveways and parking strips abutting or immediately adjacent to said land, except as provided in Subsection B. Said property owner(s) shall be liable for any and all damages to any person who is injured or otherwise suffers damage resulting from the defective condition of any sidewalk, curb, driveway or parking strip adjacent to said land, or by reason of the property owner’s failure to keep such sidewalk, curb, driveway or parking strip in safe condition and good repair. Said property owner(s) shall be liable to the City of Portland for any amounts which may be paid or incurred by the City by reason of all claims, judgment or settlement, and for all reasonable costs of defense, including investigation costs and Attorney fees, by reason of said property owners’ failure to satisfy the obligations imposed by the Charter and Code of the City of Portland to maintain, construct, and repair such sidewalks, curbs, driveways and/or parking strips.

B. Curbs shall be maintained by the City, except when in combination with the sidewalk and when they have been willfully damaged. Intersection corners and curbs adjacent thereto may be installed by the City when sidewalks and curbs are constructed up to the intersection on the same side of the street.

C. The City Engineer shall maintain general construction and maintenance specifications for sidewalks, curbs, driveways and/or parking strips. The City Engineer shall use the specifications to determine compliance with this Chapter of Code. The City Engineer shall provide copies of the specification to any person upon request, and make the specifications available for public inspection during normal office hours.

Where the sidewalk or curb in front of any lot, part thereof, or parcel of land is or becomes so worn or deteriorated as, in the opinion of the City Engineer, to require a new sidewalk or curb to be constructed, or where no sidewalk or curb exists and, in the opinion of the City Engineer, a sidewalk or curb or both are needed, it shall be the duty of the City Engineer to post a notice on the adjacent property headed “Notice to Construct Sidewalk” (or curb, or both). The notice shall in legible characters direct the owner, agent, or occupant of the property immediately to construct a sidewalk or curb or both in a good and substantial manner and in accordance with the City ordinances, regulations and plans therefor which will be furnished by the City Engineer upon application. The City Engineer shall file with the Auditor an affidavit of the posting of the notice, stating when and where the same was posted, and he shall furnish upon request proper specifications, standards and information for the construction thereof. The City Engineer shall send by mail a notice to construct the sidewalk or curb, or both, to the owner of the property, if known, or to the agent of the owner, if known, directed to the post office address of the owner or agent, when the post office address is known to the City Engineer. If the post office address is unknown to the City Engineer, the notice shall be directed to the owner or agent at Portland, Oregon. A mistake in the name of the owner or agent, or a name other than that of the owner or agent of such property, or any mistake in the address, shall not render void the notice, but in such case the posted notice shall be sufficient.

A. All newly constructed or reconstructed sidewalk intersection corners where determined feasible by the City Engineer shall have included, either within the corner or within the curb area immediately adjacent thereto, ramps allowing access to the sidewalk and street by elderly and physically disabled persons.

B. The ramps referred to in Subsection (a) shall be constructed in a good and substantial manner and in accordance with the plans and specifications established by the City Engineer. The particular plan to be used at a given intersection corner shall be appropriate to the location as determined by the City Engineer.

In case three or more adjacent properties are posted with notice to construct sidewalk or curb, or both, as set forth in Section 17.28.030, they may petition for such construction as a local improvement. Otherwise it shall be the duty of the owners of properties posted with such notice to construct the same. Before constructing the sidewalk or curb, or both, the owner, his agent or the occupant of the property intending to construct the same, shall obtain from the City Engineer a permit therefor, which permit shall prescribe the kind of sidewalk or curb, or both, to be constructed, the material to be used and the width thereof. After notice to construct sidewalk or curb, or both, has been posted, the owner, agent or occupant shall construct the same within 30 days from the date of posting, or within said time shall show cause, if any there be, by a written remonstrance addressed to the City Council stating why the same should not be constructed. The Council will grant a hearing to the remonstrator at a regular meeting as soon thereafter as the same can be filed on regular Council Calendar. The Council will thereupon determine whether or not such sidewalk or curb, or both, shall be constructed. If the remonstrator is not present at the time of such determination by the Council, the City Auditor shall forthwith notify such person of such determination of the Council by mail sent to the address given upon the written remonstrance. Failure of the City Auditor to send the notice, or failure of the remonstrator to receive the same, or any other mistake therein, shall not render void or ineffective the lien to be imposed upon the property in the event of City construction. In the event that the Council determines that the sidewalk or curb, or both, shall be constructed, the owner or his agent or the occupant shall within 10 days thereafter begin the construction thereof and diligently prosecute the same to final completion.

If no petition for local improvement is filed, and if the owner, agent or occupant of property posted with notice construct sidewalk or curb, or both, shall fail, neglect or refuse to begin the construction of the sidewalk or curb within 30 days after posting of notice, or within 10 days after order by the Council in the event of a remonstrance, the City shall construct the same as soon thereafter as such work can be conveniently scheduled, and the cost shall be determined and assessment made as provided in this Chapter.

The City Engineer shall determine the distance between the improved sidewalk and the property line, which, in residential areas shall generally be 2 feet unless a different distance is specified. The width of the improved sidewalks, the grade thereof, materials for construction or reconstruction, and the location and size of curbs, shall be designated by the City Engineer. The class and kind of any fill materials and requirement thereof shall be designated by the City Engineer. If the City Engineer finds a temporary sidewalk to be necessary, he may permit installation thereof for a specified period in accordance with specifications he designated.

(Amended by Ordinance No. 155279, effective Nov. 3, 1983.) After a sidewalk has been improved or constructed, either alone or in combination with a curb, the owner of land abutting the street area in which the sidewalk has been constructed shall be responsible for maintaining such sidewalk and curb in good repair. If the City Engineer finds that any such sidewalk or curb needs repair, he shall post a notice on the adjacent property headed “Notice to Repair Sidewalk” (or curb) which shall in legible characters direct the owner, agent, or occupant of the property immediately to repair the sidewalk or curb, or both in a good and substantial manner in accordance with the plans, specification and regulations of the City. The City Engineer shall file with the Auditor an affidavit of the posting of the notice, stating the date when and the place where the same was posted. After filing, the Auditor shall send by mail a notice to repair the sidewalk or curb, or both, to the owner, if known, of such property, or to the agent (if known) of the owner, directed to the post office address of the owner or agent when known to the Auditor, or if the post office address is unknown to the Auditor, the notice shall be directed to the owner or agent at Portland, Oregon. A mistake in the name of the owner or agent, or a name other than that of the true owner or agent of the property, or mistake in address shall not invalidate said notice, but in such case the posted notice shall be sufficient.

After notice to repair defective sidewalk or curb, or both, has been posted, the owner, agent or occupant shall make the repairs within 20 days from the date of posting. Any person desiring to repair a defective sidewalk, curb or both, either before or after notice to repair has been posted, shall first obtain a permit for which no fee will be charged. The permit shall prescribe the kind of repair to be made, the material to be used, and specifications therefor, including the location and size. Any person desiring to construct or reconstruct sidewalk or curb, or both, shall first obtain a permit therefor and pay the fees elsewhere prescribed in Chapter 17.24.

If the owner, agent or occupant of any lot, part thereof or parcel of land which has been posted with notice to repair a sidewalk or curb, or both, shall fail, neglect or refuse to make repairs within the period of 20 days after posting, the City Engineer may as soon as the work can be conveniently scheduled, make the repairs, and the cost shall be determined and assessment made as provided in this Chapter.

As used in this Chapter, the following terms shall have the meaning as set forth below.

A. “Driveway” means a concrete way for vehicular traffic extending from the roadway to the property line across a sidewalk, whether or not such sidewalk is improved, for the purpose of providing access to parking or maneuvering space on abutting property.

B. “Residential driveway” means a driveway serving a one or two family residence.

C. “Commercial driveway” means a driveway serving any property except a one or two family residence.

Upon appropriate application and payment or fees, as provided in Chapter 17.24, the City Engineer may issue a permit to construct a driveway in the street area subject to the following conditions:

A. All driveways shall be constructed according to plans, specifications, and any special conditions fixed by the City Engineer.

B. Location. No portion of a driveway, excluding ramps if required, shall be located closer than 25 feet from the corner of a lot where two streets intersect.

C. Width of driveways. A permit to construct a driveway in the street area is subject to the following width provisions:

If more than one driveway is desired, frontage up to 100 feet the maximum width of driveways shall be 15 feet with not more than two such driveways permitted within such frontage, provided however, that no less than 5 feet of straight curb must separate service driveways under one ownership. Each 100 feet of frontage, or fraction thereof, under single ownership shall, for purposes of this Chapter, be considered a separate frontage.

If more than one driveway is desired for frontage up to 100 feet, the maximum width of driveway shall be 20 feet with not more than two such driveways permitted within such frontage; provided, however, that no less than 5 feet of straight curb must separate service driveways under one ownership. Each 100 feet of frontage or fraction thereof under single ownership shall for purposes of this Chapter be considered a separate frontage.

3. Driveways shall be measured lengthwise with the sidewalk on the property line side, and such measurement shall not include the width of ramps extending to the regular sidewalk grade. Ramps, if required, do not constitute part of required minimum or allowed maximum width. Determination of the need or appropriateness of ramps shall be within the sole discretion of the City Engineer.

4. Any driveway at variance with these width limitations shall not be permitted unless the City Engineer specifically approves or requires the same. Any applicant requesting a driveway at variance with these standards shall provide such information as the City Engineer may require in support of the application. The City Engineer may establish conditions deemed necessary to insure the safe and orderly flow of pedestrian and vehicular traffic and the decision of the City Engineer as to the widths and location of driveways shall be final and conclusive.

D. The City Engineer may refer any driveway permit application to the City Traffic Engineer for a review of the location and width. The City Traffic Engineer shall recommend such conditions and limitations regarding the location and operation of driveways as are in his or her judgment necessary to insure the safe and orderly flow of pedestrian and vehicular traffic.

E. The City Engineer may require any applicant for a driveway permit to provide evidence that the proposed driveway will access legal parking and maneuvering space on property as set forth in Title 33, Planning and Zoning regulations. The City Engineer may refuse to issue a permit if the applicant cannot show evidence that on-property parking and maneuvering space is in compliance with Title 33, Planning and Zoning regulations.

1. If the City Engineer finds that a property owner is permitting access where a properly constructed driveway does not exist, the City Engineer may post notice and require termination of access or construction of a driveway in accordance with the requirements of this Chapter.

1. The City Engineer may revoke any driveway permit or require the modification of any driveway if:

b. Continued operation of the driveway interferes with the safe and orderly flow of pedestrian or vehicular traffic; or

c. The abutting owner has failed to comply with all specifications and conditions of the permit; or

d. The driveway does not access legal parking and maneuvering space on abutting property.

2. The Council may revoke any driveway permit if they deem such action will be in the public interest.

G. Enforcement powers. Within 20 days of written notice from the City Engineer to close or modify a driveway, the abutting property owner shall obtain any required permits and make the required corrections. If the abutting owner fails to make the required corrections within 20 days, the City may perform the required work at the expense of the abutting property owner and the cost shall be determined and assessment made as provided in this Chapter.

After a driveway has been constructed, it shall be deemed a part of the sidewalk whether or not there is a sidewalk improvement extending along the balance of the frontage property, for all purposes of repair or reconstruction. Requirements relating to construction or reconstruction of a sidewalk as provided in this Chapter, shall be applicable to reconstruction of a driveway, except that the property owner shall have no option to petition for a local improvement solely for such purpose.

(Amended by Ordinance No. 161790, effective Apr. 12, 1989.) If the City Engineer finds that any driveway does not conform to the requirements of this Chapter and should be reconstructed for the protection or convenience of pedestrians or vehicles using the street area, the City Engineer may post notice and require the reconstruction or removal of the driveway. If the abutting property owner fails to make the required corrections within 20 days the City may perform the required work at the expense of the abutting property owner, and the cost shall be determined and assessment made as provided in this Chapter.

17.28.140 City Charges for Construction or Repair of Sidewalks, Curbs and Driveways.

The property owner shall be charged for the construction, reconstruction or repair of sidewalks, curbs and driveways made by the City as follows:

A. Job move-in. $50.25 flat rate per job for barricade and clean up work. A job is defined as all sidewalk, driveway and/or curb work performed adjacent to each individual property.

B. Sidewalk. $6.50 per square foot unit. The minimum charge per job will be for 9 square feet.

C. Driveway. $7.75 per square foot unit. The minimum charge per job will be for 12 square feet.

E. Combination jobs. When a job includes any combination of sidewalk, driveway and curb work, the charges will be as follows:

1. Where there are two or more elements of work involving a minimum charge, the charge will be limited to the one work element having the largest minimum charge; and

2. All work involving costs above the minimum charge shall be as provided by this Code Section.

G. Root removal. $3.75 per square foot unit. The fee shall be based on the amount of ground area disturbed.

H. Special structural, excavation and fill jobs and jobs in areas of traffic and pedestrian congestion shall be charged as provided for in Title 5, Section 5.48.030. Determination of whether a job is of special type shall be made by the City Engineer.

I. Cost basis charges for work may be made at the discretion of the City Engineer if the actual cost can be conveniently and accurately determined in accordance with the provisions of Title 5.

A. When work is completed on any construction, reconstruction or repair of a sidewalk, curb or driveway, the amount of the charge shall be determined by the City Engineer or responsible bureau and reported to the City Auditor. The City Auditor shall calculate a proposed assessment that includes the amount of the improvement charge plus 10% of the charge to defray the administrative costs of notice, assessment and recording.

B. The City Auditor shall prepare a proposed assessment notice consisting of the following information:

3. The manner and deadline for filing written objections to the proposed assessment amount and a statement that the specific reasons for the objection must be stated in writing;

4. The date, time and location of the public hearing for Council consideration of the proposed assessment;

5. A statement that the final assessment will be recorded in the Docket of City Liens, and will be a lien which has first priority against the property as provided by state statute;

6. A statement that the final assessment may be paid in full or paid in installments if authorized by Code;

7. A statement that the assessment shall be paid or financed, or an objection filed, within 20 days of the date of the notice. The statement must state that the objection must be in writing, must state the particular reasons for the objection, and must be filed with the City Auditor;

8. A statement that if an objection is filed, the assessment shall be paid or financed within 20 days of the date of the notice of the final decision in response to the appeal and the amount of assessment and interest shall date back to the date of the notice of the final decision; and

9. A statement that a delinquent final assessments may be collected by foreclosure and property sale.

C. The City Auditor shall mail the proposed assessment notice by first class mail to the owners of the affected property. The notice shall be deemed given upon deposit in the U.S. mail.

A. The City Auditor shall refer to the City Engineer or responsible bureau all remonstrances and remove from further assessment action the proposed assessments which are associated with the remonstrances. The City Engineer or responsible bureau shall review each remonstrance by taking the following actions:

1. Determine whether the improvement work was required by Code and whether the conditions required the improvements, whether the required improvements are consistent with Code and City specifications, and whether the improvement charges are calculated as provided by Code; and

2. Determine the extent of actions or adjustments which are necessary to bring the proposed assessment into compliance with Code and program standards; and

3. Mail a statement of findings to the remonstrating property owner, and file a copy with the City Auditor. The findings shall include a statement that the property owner may appeal the determination to the Council.

B. The Council shall conduct a public hearing on the proposed assessments, however is should be held no sooner than 20 days following the date of the proposed assessment notice as provided in this Chapter. The Council shall consider and make its determinations based on the requirements of this Code and the City specifications maintained by the City Engineer. The Council shall affirm or modify the proposed assessments based on its findings. The Council’s decisions shall be implemented by ordinance which sets forth its findings and decision. The decision of the Council may be appealed to the court by writ of review.

C. Following adoption of the assessing ordinance, the City Auditor shall mail a final assessment notice to the owners of the affected property as shown on the last available assessment roll in the office of the county assessor. The notice shall be deemed given upon deposit in the U.S. mail. The notice shall contain the following information:

3. A statement that the final assessment is recorded in the Docket of City Liens, and is a lien which has first priority against the property as provided by state statute;

4. The manner and deadline for paying the final assessment in full or requesting to pay the final assessment in installments if authorized by Code;

5. The interest, penalties and collections costs which shall be charged if the final assessment is not paid or an installment payment contract is not filed before the deadline contained in the notice; and

6. A statement that delinquent final assessments may be collected by foreclosure and property sale.

D. The City Auditor shall maintain a Docket of City Liens containing final assessments on property. Any unpaid final assessment shall be recorded in the City lien docket, and it shall be binding upon the property owner and all subsequent property owners of the property or any segregated part of it. The docket shall stand thereafter as a lien docket the same as ad valorem property taxes assessed in favor of the City against each lot or parcel of land until paid, for the following:

1. The amount of the unpaid final assessments docketed, with accrued interest at the rate determined by the City Council, or in the case of an installment contract, at the rate set forth in the contract; and

2. Any additional interest, penalties, or billing charges imposed by the City with respect to any installments of final assessments which are not paid when due.

E. All unpaid final assessments together with accrued and unpaid interest and penalties and billing charges are a lien on each lot or parcel of land respectively, in favor of the City and the lien shall have first priority over all other liens and encumbrances whatsoever.

F. The City shall enforce assessment liens and installment payment contracts under this Chapter in the same manner as other City assessments as set forth in Title 5.

17.30.080 Storm Drainage Facility Construction in Advance of Street Construction.

17.30.140 Payment of Cost of Street Improvement - Low Income Persons in Designated Community Development Areas.

(Amended by Ordinance Nos. 143850 and 146239, effective Aug. 3, 1978.) As used in this Chapter the following terms shall have the following definitions.

A. “Street improvement” shall mean side strip construction, roadway reconstruction, street construction, curb construction and storm drainage facilities.

B. “Side strip construction” shall mean street improvement to City standards of that portion of a street between the center strip and the curb and including appropriate street drainage appurtenances.

C. “Roadway reconstruction” shall mean improvement to City standards of that portion of the street between existing curbs and including appropriate street drainage appurtenances.

D. “Street construction” shall mean improvement of a street right-of-way by excavation and placement of curbs, driveway aprons, base rock, hard surface pavements, appropriate street drainage appurtenances, and sidewalks if requested, or as need to meet City standards.

E. “Curb construction” shall mean improvement to City standards of that portion of a street by placing curbs and appropriate street drainage appurtenances, where none exist.

F. “Storm drainage facilities” shall mean construction of storm sewers, culverts, drainage way and other means of storm water conveyance to City standards to serve street improvements and their adjoining drainage basins.

(Amended by Ordinance No. 147870, effective June 14, 1979.) The Commissioner In Charge by report to Council may request improvement of a portion of a street. The report shall contain the following of findings:

D. The project has priority because it is necessary for safety, to aid the City’s maintenance program, or to improve drainage.

(Amended by Ordinance Nos. 143850 and 146239, effective Aug. 3, 1978.) In order to qualify the project must meet the following criteria:

4. The street is in a housing and community development area established by the City and eligible under block grant regulations.

3. The street is in a housing and community development area established by the City and eligible under block grant regulations.

3. The work will be part of side strip construction or roadway reconstruction as defined above.

4. Those property owners requiring curbs have agreed to pay their respective share of curb construction.

5. The street is in a housing and community development area established by the City and eligible under block grant regulations.

1. That storm drainage facilities can be provided at a cost appropriate to street improvements.

2. That street improvements to be served by the storm drainage facility construction are in a housing and community development area established by the City and eligible under block grant regulations.

(Amended by Ordinance No. 147870, effective June 14, 1979.) At the time of approval to proceed with street improvement, there shall be offers equal to the local improvement portion of the cost.

The Commissioner In Charge may authorize the appropriate bureau to seek approval of frontage owners on streets qualifying under this Chapter. Approval shall be on a form approved by the City Attorney. It shall:

B. Contain an offer to pay a specific sum upon completion of street improvement;

C. Advise the signer that if street improvement is completed and the sum offered not paid, the City will enter the sum offered as a lien as provided in Section 17.30.120;

17.30.080 Storm Drainage Facility Construction in Advance of Street Construction.

(Added by Ordinance No. 146239, effective Aug. 3, 1978.) Storm drainage facility construction may precede future street construction as either a portion of a street improvement authorized by this Chapter or through direct purchase pursuant to the requirements of Chapter 5.32.

Property owners desiring street improvements must agree to payment of drainage charges authorized in 17.30.090, regardless of the method of providing storm drainage facility construction.

(Amended by Ordinance Nos. 143850, 146239, 147870, 148876 and 151859, effective July 1, 1981.) A portion of a street improvement authorized by this Chapter is a local improvement as defined in this Title, and frontage property owners, in order to induce the City to proceed with the street improvement, shall in the aggregate offer and contribute the local improvement portion which is 30 percent of the total project cost based on estimates of the City Engineer for properties with one street frontage and 22-1/2 percent of the total project cost based on estimates of the City Engineer for properties with more than one street frontage proposed for improvement in the same project. As used in this Chapter, total project cost shall mean the sum of all engineering, right-of-way, construction, and City Auditor’s superintendence costs necessary for the accomplishment of a street improvement. The method of allocating the local improvement portion shall be as follows:

A. Street improvements, as defined in this Chapter, excepting storm drainage facilities. The City Engineer shall estimate the total project cost for each type of street improvement located within an appropriate area established by the City Engineer. The local improvement portion shall be 30 percent of the total project cost estimate for the appropriate area converted to a uniform rate per front foot for each type of street improvement for properties with one street frontage and 22-1/2 percent of the total project cost estimate for the appropriate area converted to uniform rate per front foot for each type of street improvement for properties with more than one street frontage proposed for improvement in the same project. The 22-1/2 percent rate is limited to a maximum frontage of 200 feet per property. If a single property qualifies for a 22-1/2 percent rate and has more than 200 feet frontage, 22-1/2 percent rate shall be applied to yield the maximum possible discount. The rates thus established shall be uniformly applied to all properties in the established area that are directly benefited by the particular type of street improvement. The rates thus established will apply to all projects for which petitions are filed with the City Auditor on or after July 1, 1981, with the exception of projects which the City Engineer presents in a report to Council whenever the City Engineer deems other rates appropriate.

B. Storm drainage facilities. The City Engineer will estimate the total project cost for all storm drainage improvements, exclusive of inlets and inlet leads, which are located within an appropriate area established by the City Engineer. The local improvement portion shall be 30 percent of the total project cost estimate for the appropriate area converted to a uniform rate per square foot of assessable property. The drainage charge thus established shall be uniformly applied to all properties in the established area that are directly benefited by the drainage facilities.

1. Assessable property is defined as property fronting upon a street improvement whose area is determined by the product of the assessable lot width. Assessable lot depth is defined as the distance between the right-of-way property line and either an imaginary line established 100 feet and parallel to the right-of-way line or the back property line, whichever is less. Average assessable width as determined between the limits described in the assessable lot depth defined above.

2. Drainage charges are not applicable to those portions of property which have been previously assessed a direct charge for separate storm sewer.

The uniform rates for street improvements and storm drainage facilities established under this Chapter shall be presented in a report to Council whenever the City Engineer deems appropriate to ensure that the local improvement portion is maintained at 30 percent of total project cost estimate.

These rates are only applicable for improvements authorized in this Chapter. All other improvements shall be by assessments to abutting property.

When street improvement has been completed, a bill for the amount offered shall be sent by the City Auditor to the offerer and a copy thereof to the owner of the property if different. These shall be addressed to the address benefited by the improvement or any other address known to the Auditor. The bill shall be paid within 30 days after the notice. Thereafter, any unpaid bill may be assessed as provided in this Chapter.

Installment payments. The owner may consent to the assessment of the property and may thereafter, upon entry of the assessment in the lien docket, apply to pay for the assessment in installments as provided in Section 17.12.140 of this Code.

The City Auditor shall report to the Council from time to time the past due bills for offers made pursuant to this Chapter showing the description of the property and the owner of each lot, part of lot, or parcel of land for which the offer was made. If the Council finds that the project has been competed, it shall approve the billings and thereafter at least once each year, procedures shall be taken in the same manner as an assessment for a street improvement to assess by ordinance the charges upon the land for which the offer was made and the work has been done, as provided in this Chapter, plus an additional 15 percent thereof to defray the cost of notice and advertising. All such assessments may be combined in one assessment roll and shall be entered on the docket of the City liens and collected in the same manner as other local improvement assessments.

17.30.130 Payment of Cost of Street Improvement - Low Income Elderly Persons.

(Amended by Ordinance No. 143850, effective June 16, 1977.) The local improvement portion of the cost of street improvement shall be waived by the City for a property owner if, upon application, it appears that the following conditions are met:

3. A person living alone whose income for the preceding calendar year did not exceed one and 1-1/2 times the maximum amount a social security recipient at age 65 may have earned in that year without having any benefits withheld, or $3,800, whichever is larger; or

4. The head of a household, which household received a total income for the preceding calendar year that did not exceed 2-1/4 times the maximum amount a social security recipient at age 65 may have earned in that year without having any benefits withheld, or $5,700, whichever is larger.

C. Application. Application on forms provided shall be made to the City Engineer:

1. Within 30 days of billing unless the City Auditor extends that time on good cause shown;

17.30.140 Payment of Cost of Street Improvement - Low Income Persons in Designated Community Development Areas.

(Amended by Ordinance No. 143850, effective June 16, 1977.) The local improvement portion of the cost of street improvement in designated community development areas shall be paid by property owner if, upon application, it appears that the following conditions are met:

2. A person or head of household whose income is less than 50 percent of the median income of the City of Portland. Such income shall be determined annually by data supplied by Division of Housing, Department of Commerce, State of Oregon.

C. Application. Application on forms provided shall be made to the City through the Portland Development Commission.

1. Within 30 days of billing unless the City Auditor extends that time on good cause shown;

D. Verification of income. Applications for low income subsidy for applicants in community development areas and approved by the Portland Development Commission.

(Added by Ordinance No. 143850, effective June 16, 1977.) If the City has available federal or other extraordinary sources of funding to reconstruct or improve a roadway without resort to assessment, the procedures in this Title are not applicable and the improvement shall be purchased pursuant to the requirements of Chapter 5.32.

17.32.100 Installation of Backflow Devices in Existing Buildings on Sewer Lines in Cases of Basement Flooding.

It is unlawful for any person, without first obtaining the appropriate permit therefor and paying the fees as prescribed in Chapter 17.24:

A. To dig up, break into, excavate, disturb, dig under, or undermine any street for the purpose of laying or working upon any sewer, pipe, culvert, or sewer or drain appurtenance or facility of any kind;

B. To make connection with, obstruct or interfere with any public sewer, drain pipe or culvert;

C. To cut or break into any public sewer, drain or culvert, whether or not at service branches of facilities provided for connection;

D. To connect the blowoff or exhaust pipe or any boiler, steam engine or other pressurized facility with any public sewer or drain.

E. (Added by Ordinance No. 143098, effective Jan. 27, 1977.) To allow water, from any source, on private property to run onto any public sidewalk or street.

In case of leakage or breakage in any pipe, sewer, drain or conduit requiring immediate action, any person otherwise authorized so to do may commence repairs on the same without first obtaining a permit, provided that he shall, as soon as practicable, file application for permit, comply with any conditions thereon, and pay the fees elsewhere prescribed in Chapter 17.24.

Any person who desires a permit as required by Section 17.32.010 shall apply therefor in writing to the City Engineer and shall state in his application the name of the street in which work is to be done, the purpose of the work, the location of the pipe, main, sewer or conduit to be laid, examined, repaired or worked upon, as well as the location of the building or lot, if any, to be connected with such water, gas, steam or sewer pipe or conduit, and replacing the pavement or street surface. If the application is for a permit to connect any occupancy other than a commercial or industrial occupancy with any public sewer, drainpipe or conduit, it shall specify the location, and the area to be drained, together with such other information as the City Engineer may require. If the application is for a permit to connect a commercial or industrial occupancy with any public sewer, drain pipe or conduit, it shall contain a description of the business, a plat of the property, plans and specifications for any special installations and a description and time schedule of the character and quantity of waters and wastes to be discharged through the connection, together with any further information required by the City Engineer. No permit shall be issued for connection from a commercial or industrial occupancy until the City Engineer approves the application therefor and determines that compliance will be had with other provisions of this Chapter. Each applicant for a permit hereunder shall pay the permit fee provided for in Chapter 17.24.

A. Connection with a City sewer from properties outside the City shall be allowed at the sole discretion of the City, and at the location and on such conditions as the City Engineer shall find appropriate for proper functioning and maintenance of City sewer service. No connection from property outside the City limits shall be permitted which, in the opinion of the City Engineer, may overload any public trunk or interceptor sewer, pumping station or treatment plant, or which shall require any capital investment or expenditure by the City.

B. Any person desiring to connect an outside City property with a City sewer under the provisions of this Title shall enter into such agreement as may be required by the City Engineer.

C. Application for a permit to connect shall be made in writing by the owner or other person having a recorded equitable interest in the property for which sewer service is desired. Before a permit can be issued, all fees and special charges as required in Chapter 17.36 shall be paid. Also, the applicant shall first obtain any permits that may be required by County authorities for street or highway opening and use.

A. “Commercial or industrial occupancy” means any structure or facility wherein preparation, processing, treating, making, compounding, assembling, mixing, improving, or storing any product or any solid, liquid or gaseous material for commercial or industrial purposes occurs, or wherein cleaning, processing or treating of tanks, vats, drums, cylinders or any other container used in transportation or storage of any solid, liquid or gaseous material for commercial or industrial purpose occurs;

B. “Industrial wastes” are wastes or waste waters which include wastes from a commercial or industrial occupancy.

The applicant for connection work permit shall file with his application an approved corporate surety bond, conditioned that the applicant will immediately replace, in a condition satisfactory to the City Engineer, the portion of street so disturbed, dug up or undermined, and that he will keep such portion of said street in good repair at his own expense for the period of one year from the date of the completion of such work. The amount of the bond shall not be less than $100 and shall be at the rate $100 for every 100 square feet dug up or disturbed. However, the applicant may, at his option, file yearly a bond in the penal sum of $2,000 in place of giving a separate bond for each part of street disturbed.

No bond, however, shall be required under this Section of any abutting owner or resident obtaining a permit under Section 17.32.030 if the excavation or other work to be performed shall be conducted entirely between the property line and curb line of the street area in front of and immediately adjoining the property of the owner or resident; nor shall any bond be required under this Section of any applicant for a permit who has on file with the City an effective master plumber’s or sewerman’s bond furnished in compliance with the provisions of the plumbing regulations.

Upon receipt of the application and a proper and satisfactory bond, the City Engineer shall, unless there are reasons of public interest to the contrary, issue to such applicant the permit requested, upon such restrictions and conditions as the City Engineer may deem necessary for the public benefit, and payment of the fee applicable under this Title.

It is unlawful for any owner or resident obtaining a connection permit who is exempt from furnishing the bond required by this Chapter, to fail or refuse to immediately remove all surplus sand, earth, rubbish, and other material and immediately replace in a condition satisfactory to the City Engineer the portion of the street so disturbed, dug up or undermined, or to fail or refuse to keep such portion of the street in good repair at his own expense for the period of 1 year from the date of the completion of the work.

All work executed under such permit shall be under the supervision of the City Engineer, and each recipient of a connection work permit shall:

A. Begin the work permitted within 48 hours after the receipt of such permit, pursue the work diligently and continuously until the same is completed, refill the trench or hole, and replace the pavement as herein provided;

B. Make a written report, on blanks furnished by the City Engineer, of the manner in which the work was executed, stating the particular locality of the pipe, main, or sewer upon which work was performed, the kind of pipe laid, and such other information as may be required by the report blank, and file such written report in the office of the City Engineer within 48 hours after such work has been completed;

C. Lay all pipes, mains, and sewers, when the same are to run lengthwise in any street, at a distance at least 3-1/2 feet from the curb measuring toward the center line of the street, and lay all pipes and sewers for a house or lot connection at right angles to the curb. However, the City Engineer may, with the written approval of the Commissioner In Charge, in cases where it appears that a compliance with the laying of the pipe, main, or sewer lengthwise in the street at the minimum distance fixed in this subdivision will be unnecessarily burdensome, or cause unnecessary digging up of pavement and obstruction to traffic, permit and require the laying of the pipe, main, or sewer at a place or places in the street area which will cause less burden, obstruction, or digging up of pavement; but no such deviation from the location above specified shall be made unless the permittee first files a drawing to show the location and depth of the pipe, main or sewer. When the pipe, main or sewer has been laid, the City Engineer shall mark or cause to be marked upon the City maps indicating such matters, the location of such pipe, main or sewer;

D. Keep the stone, macadam, gravel or other pavement material excavated separate from the excavated earth;

E. Whenever a trench or hole has been dug or opened in any street for the purpose of reaching or laying any sewer, gas, water or other pipe or main, refill the same within 24 hours after laying or reaching the sewer, gas, water or other pipe or main, in the following manner:

If the street has not been improved with permanent pavement, the earth excavated from the hole or trench shall be refilled more thoroughly rammed or tamped in layers not more than 6 inches deep until the grade of the roadway previously existing at such trench or hole is reached. If the street has been improved with permanent pavement, the earth excavated shall be refilled and rammed or tamped in the same manner to the elevation of the bottom of the permanent pavement, which shall be relaid compactly and made to conform to the grade, base and quality of the surrounding street pavement;

F. Erect a barricade around the work and maintain a red light or lights or other warning device as required by the Traffic Engineer at or around the same during the hours between sunset and sunrise so that pedestrians and operators of vehicles may be duly warned of, and protected from the obstruction. This provision shall not apply to road rollers owned by the City when such rollers are left standing within 50 feet of a street light or on a block that is barricaded;

Sanitary sewage from private property shall be separately conveyed to the property line for discharge into a public sewer. Storm drainage from private property, whether from the roof of a building, from the surface of a structure, from footings of a structure or from any other surface or subsurface drainage which is to be discharged under City regulation into a public sewer, shall be conveyed separately from sanitary sewage from the private property to the public sewer. If separate public storm and sanitary sewers are available, the City Engineer shall require separate connections for the separate storm and sanitary lines from the private property. If separate storm and sanitary sewers are not available, but a combination sewer is available, then the City Engineer may require separate connections for the separate sewage line from the property to the same combination sewer, otherwise he may permit joining of the separate lines at the curb line for single discharge into the combination public sewer if he finds that such joining is more feasible from an engineering standpoint or from the general circumstances.

It is unlawful for any person to discharge, permit the discharge, or permit or allow a connection which will result in the discharge of sanitary sewage into a public sewer under City control which has been designated by the City Engineer to be used solely for storm drainage. It is unlawful for any person to discharge or permit the discharge or cause or permit a connection which will result in the discharge of storm drainage or uncontaminated water used for refrigerating or cooling purposes or steam condensation into a public sewer under City control designated by the City Engineer to be used solely for sanitary sewage.

A. When a public sewer, built under permit procedures, is extended past properties not contributing toward the cost of the sewer, and those properties have not paid a direct assessment or its equivalent for another sewer than can provide gravity service, the property owner or developer paying for the sewer extension shall be reimbursed for part of the cost of such extension.

B. The amount of reimbursement for a sewer extension shall be limited to the amount of revenue that would be received from the line charge (required in Section 17.36.020) if, upon acceptance of the sewer by the City, all properties adjacent to and capable of receiving gravity service were to connect. Also the reimbursement shall not exceed the cost of an equal length of 8-inch diameter sewer line, as determined by the City Engineer.

C. The reimbursement for any project shall not exceed 50 percent of the amount budgeted for each of 2 consecutive years. The total reimbursement in any fiscal year shall not exceed the amount budgeted for that purpose in that year, however funds may be committed against the next year’s budgeted amount.

17.32.100 Installation of Backflow Devices in Existing Buildings on Sewer Lines in Cases of Basement Flooding.

(Added by Ordinance Nos. 150285, 151860, 153801, 156035 and 170776; effective Dec. 11, 1996.) Installation of backflow devices in existing buildings on sewer lines in cases of basement flooding. As of the date of this Ordinance, any building owner within the City of Portland may at any time make request of the Bureau of Environmental Services by written application to provide for the partial reimbursement for the cost of installation of a backflow device on said building owner’s sewer line, a floating ball check valve in floor drains or a ball shut-off valve in basement sinks, laundry trays, basins, automatic washers, or other fixtures with exposed traps, or by a combination of any of these devices depending upon the plumbing fixtures involved. To be eligible, the building, dwelling or structure must be connected to the City of Portland Combination Sewerage System and have experienced backups or be in an area vulnerable to backups as determined by the Bureau of Environmental Services.

Installation of said device or devices shall be pursuant to Title 25, Plumbing Regulations, or the Code of the City of Portland, including, but not limited to, Chapter 25.05, Permits.

Payment to the property owner of the City’s share of the expense shall be made upon the Bureau of Buildings’ final inspection and the owner’s submittal of the plumber’s billing for the work.

By participation in the cost of installation, the City does not guarantee or in any manner warrant the device or devices, nor does the City give any warranty that the device will prevent future flooding and the City will not assume any responsibility for damages incurred as a result of the flooding subsequent to installation of any device or devices. The owner shall be required to look only to such warranty or guarantee as may be secured from the manufacturer of the device or devices and/or the contractor. As of July 1, 1996, the building owner shall pay the first $100 of the cost of such installation, the City shall pay the next $1,500 of such costs, and the building owner shall pay any amount in excess of $1,500.

All devices installed pursuant to this Section shall be owned by the building owner who shall assume all duties of maintenance and repair.

(Added by Ordinance No. 167504, effective Mar. 30, 1994.) For the purpose of this Chapter, the following definitions shall apply:

A. “Connection”. The connection of all sanitary waste disposal lines from all non-dry development on a property to the public sanitary sewer system, and the disconnection and/or removal of all other waste disposal systems such as cesspools or septic systems.

B. “Dry development”. Any structure which does not require sanitary waste disposal by State Plumbing code or the Code or policies of the City of Portland. Storage buildings which have no plumbing, and other structures which have had all plumbing removed by permit, are examples of dry development.

C. “Director”. The Director of the Bureau of Environmental Services; the organizational head of the Bureau or his/her designate.

(Amended by Ordinance Nos. 162019, 164789, 167504; and 168724, effective Apr. 19, 1995.)

A. Except as provided elsewhere in this Title, connection to a public sewer system within 1 year of its availability system is required of all properties that meet all of the following:

1. The property has development that has or requires sewage disposal facilities;

3. The property is adjacent or has easement access to an available public sewer system;

4. The property is within the City’s urban service area, within Multnomah County, and within the Affected Area as defined by the Environmental Quality Commission Order of April 25, 1986, or similar area as defined by state or county order requiring connection to a public sewer system or adjacent to a street which defines that Affected Area; and

5. The property owner or legal title holder has been notified by the Director of the Bureau of Environmental Service (Director) of the availability of the public sewer system, the requirement to connect, and the time limit for connection. For purposes of this section, notice shall be deemed to have been received upon the mailing of said notice by first class mail or upon delivery of the notice in person.

B. A public sewer system shall be considered available when connection can be made by the intended route of service, and the system parallel to the right-of-way does not have to be extended to provide service.

C. One year from notification of the requirement to connect, a property becomes connection delinquent, and is subject to proceedings to compel connection to the public sewer system.

D. When property subject to the requirement imposed by this section has less than 180 days remaining in the one (1) year connection period referred to above is sold, the new owner may enter into an agreement with the City extending the time to connect to the public sewer system for 180 days from the date of the sale of the property. In the event a new owner elected to enter into an agreement, said election shall constitute a waiver of the right to the administrative review provided for in Section 17.33.050.

All connection charges due under the provisions of this title shall become payable to the City at the time of completion or closing of the sale of the property. Only one agreement per property may be entered into under the terms of this subsection. As used herein, the term “sale” includes every disposition or transfer including the transfer of equitable title or legal title to real property.

E. Proof of the sewer connection shall be by documents of the City, by proof provided by the property owner, or development of physical evidence or inspection. The sufficiency or adequacy of any proof presented shall be left to the sole discretion of the Director.

F. Deferral from the connection requirement imposed by this section may be granted based on specific criteria developed by City Council.

G. Any construction in the Affected Area as defined by the Environmental Quality Commission Order of April 25, 1986 for which a building permit is required under the terms of Title 24 of this Code and which meets the requirements of subsection A. above, shall connect to the public sewer system prior to the issuance of a Certificate of Occupancy by the Bureau of Buildings.

(Amended by Ordinance No. 167504, effective Mar. 30, 1994.) Following the notice set out in paragraph 17.33.010 A.5. the property owner or legal title holder shall receive two additional notices of the connection requirement, one within 180 days and the other within 270 days of the date of the connection notice. A final warning notice shall also be sent nearing the end of the one-year period following the connection notice.

A. In the event a public sewer system is scheduled for installation after January 1, 1989, the property owner can elect to pay the sewer connection charge prior to completion of that construction. Provided the property is connected to the public sewer system within the time specified in Section 17.33.0l0 the rate shall be the one applicable as of the date of payment; otherwise the rate shall be that in force at the time of connection.

A. Any property not connected to a public sewer system as required by Section 17.33.010 is hereby declared a nuisance and subject to abatement or correction as provided for in Section 17.33.060. Whenever the Director believes such a nuisance exists, a notice shall be posted on the property directing that the nuisance be abated or corrected. The notice shall be substantially in the following form:

_________________________________________________________________ within the Urban Services Area for Portland, Oregon:

1. You are hereby notified that this property is hereby declared a public nuisance because it has not been connected to a public sewer as required by Portland City Code (PCC) Section 17.33.010.

2. You are required to connect to the public sewer system within 30 days of the posting date of this notice as set out above.

3. In the event of your failure to connect to a public sewer system within that time, the City may thereafter do any or all of the following:

4. In the event the City does take action to correct the nuisance, all costs associated therewith, including construction, overhead, administrative, connection, user and/or permit fees or costs may be charged against the property and made a lien thereon.

5. If you have questions concerning this notice and your rights concerning an administrative review of the City’s intended actions, you should contact:

B. Within 5 days of the posting of the notice described above, the Director shall mail a copy of the notice, postage prepaid, to the owner of the real property as it appeared on the last equalized assessment of the tax roll in the County where the property is located or such other address as the Director believes will give the owner actual notice of the nuisance notice.

1. An error in the name of the owner or agent or use of a name other than that of the true owner or agent of the property shall not render the notice void, but in such cases the posted notice shall be deemed sufficient.

A. Within 30 days of the mailing of the notice referred to in Section 17.33.040, the owners or their authorized representative shall cause the nuisance to be abated or file a written statement with the Director setting out the facts why no nuisance exists along with a ten dollar ($10.00) filing fee.

B. Alleging merely that no nuisance exists, or allegations concerning the necessity or propriety of the public sewer system, the accuracy of state agency orders, or the City’s legislative determination of a nuisance shall not be sufficient to initiate administrative review.

Upon receipt of a valid statement, the Director shall schedule an administrative review with notice of the time and location being provided to the owner not less than 5 days prior to the time set for the review.

Sometime prior to the time set for administrative review, the Director shall cause a review of the Bureau of Environmental Services’ records concerning the nuisance.

At the time set for the administrative review, the owner shall be allowed to present all relevant evidence tending to show that no nuisance exists.

All determinations made pursuant to the administrative review shall be in writing and set forth the reasons underlying the determination. In the event that the Director determines that no nuisance in fact exists, the filing fee shall be refunded.

C. An owner aggrieved by the determination of the administrative review may appeal the determination to the Code Hearings Officer as provided for in Chapter 22.10 of this Code.

A. If the nuisance described in the notice has not been removed or cause shown why such nuisance does not exist, the City may apply consistent with the terms of Title 22 to the Code Hearings Officer for an order authorizing the City of remove or correct the nuisance.

B. The City’s application to the Code Hearings Officer shall consist of an application together with a proposed form of order.

1. The application shall be in the form of an affidavit and shall state the following:

b. The name(s) and address(es) of the property owner(s) and/or legal title holder(s).

c. That the property meets all the criteria specified in subsections 17.33.010 A and B, and has been so for a period in excess of one year.

d. That a Notice to Remove Nuisance has been posted and mailed as required by this Chapter, and that more than 30 days has elapsed since the posting and mailing or since the conclusion of any administrative review and/or appeal to the Code Hearings Officer pursuant to Section 17.33.050.

e. That the property has not been connected to a public sewer, the connection requirement deferred, or the nuisance otherwise removed.

f. A statement of the action(s) the City is seeking authorization to undertake to remove the nuisance. Specifically, the City may seek authorization for any or all of the following:

(1) For the City, its agents, and employees, to shut off the water supply of commercial or owner occupied single family residential property for failure to abate the nuisance when the water service is provided by the Portland Water Bureau or when agreement for such action has been reached with the providing agency. The water service shall remain off until either the connection has been completed or substantial compliance with the order has occurred. Substantial compliance may include the submission of a binding contract with an installer for connection of the property including a schedule for completion not to exceed 30 days and an agreement not to alter the contract without written approval from the Bureau of Environmental Services. If the contract lapses or is changed without approval, water service may again be withdrawn. Once water service is withdrawn for these reasons, it will not be reinstated until the actual connection is complete. Methods of service withdrawal may include shut off at the meter, removal of the meter, or other methods as appropriate.

(2) For the City, its agents, and employees, to enter onto the property and undertake such actions as may be required to connect the premises to the public sewer and/or abandon, remove or terminate the existing private disposal system.

(3) For the City, its agents, and employees, to enter onto the property and undertake such other actions as may be necessary or appropriate to remove the nuisance.

(4) For the City to impose penalties and fines when other remedies listed above are not feasible, as determined appropriate by the Code Hearings Officer pursuant to Chapter 22.

C. A copy of the application, proposed order, and a notification of a right to hearing shall be sent by regular mail and certified mail, return receipt requested, to the owner(s) of the property at the address listed in the affidavit; however, failure of an owner to receive actual notice of application, proposed order, and right to a hearing will not effect any proceeding pursuant to this section.

a. A statement that the City has applied to the Code Hearing Officer for authorization to remove the nuisance.

b. A statement of the actions to remove the nuisance for which the City is seeking authorization.

c. A statement that the owner(s) and/or legal title holder(s) may request a hearing before the Code Hearings Officer to contest the application of the City by filing a request for hearing with the Office of the Code Hearings Officer within 15 days of the date of mailing.

d. A statement that if a request for hearing is not filed with the Office of the Code Hearings Officer within 15 days of the date of mailing, the Code Hearings Officer will grant the City the authorization sought in the application and proposed order.

D. If no request for hearing is received by the Office of the Code Hearings Officer within 15 days of the date of mailing, the Code Hearings Officer shall grant the authority requested in the City’s application and shall enter the proposed order as a final order of the Code Hearings officer.

E. If a request for hearing is received by the Office of the Code Hearings Officer within 15 days of the date of mailing, the Code Hearings Officer shall schedule and hold a hearing pursuant to Chapter 22.10 on the City’s application. After hearing, the Code Hearings Officer may enter an order granting, modifying, or denying the City the authority requested in the proposed order. In addition to any order, the Code Hearings Officer may impose any additional penalties determined appropriate by the Code Hearings Officer pursuant to Chapter 22.

(Amended by Ordinance No. 167504, effective Mar. 30, 1994.) In the event that the City needs to enforce the terms of the Code Hearings Officer’s order referred to in Section 17.33.060, an accurate record of all expenses incurred, including an overhead charge of 26 percent, an administration fee of $250 for each occurrence, connection charges including any revoked benefits of the Mid-County Financial Assistance Program, sewer user charges and permit fees shall be kept, and be made a lien on the property in accordance with the provisions of Chapter 22.06.

17.33.080 Withholding Services provided by the Bureau of Environmental Services.

(Added by Ordinance No. 167504, effective Mar. 30, 1994.) Except as provided elsewhere in this Title or when the public welfare is endangered; the Bureau of Environmental Services may at its discretion withhold from the owner(s) (or the owner’s agent) of connection delinquent property as defined in Section 17.33.010, any service that is provided by the Bureau. This may include but is not limited to refusal to accept application for permits relating to development on property of the said owner(s) other than the connection delinquent property.

This withholding may continue until the connection delinquency no longer exists.

(Amended by Ordinance No. 167504, effective Mar. 30, 1994.) It shall be unlawful for any person to attempt to obstruct, impede, or interfere with any officer, employee, contractor, agent, or authorized representative of the City whenever such officer, employee, contractor, agent, or authorized representative of the City is engaged in the work of connecting a property to the public sewer, or removing or abandoning an existing sewage disposal system under the authority of an order of the Code Hearings Officer issued pursuant to subsection 17.33.060 C. above.

(Amended by Ordinance No. 167504, effective Mar. 30, 1994.) Neither the City nor any of its officers, employees, contractors, agents, or authorized representatives shall be liable for any damage to or loss of the real property of any improvements, emblements, or personal property thereon due to the enforcement or administration of this Chapter.

(Amended by Ordinance No. 167504, effective Mar. 30, 1994.) The Director shall have authority to adopt and enforce written rules concerning the terms of this Chapter, copies of which shall be kept in his office and made available for public inspection.

A. In addition to the remedies provided by any other provision of this Chapter, the City shall have the right to obtain, in any court of competent jurisdiction, a judgment against the person or property failing to connect to a sewer in accordance with the provisions of Section 17.33.010. In any such action, the measure of damages shall be the costs for abatement by the City, administrative costs, permit fees, overhead costs, penalties, and connection charges as determined by the Director.

B. In addition to any other remedy provided in this Chapter, the City Attorney, acting in the name of the City, may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain by in junction the violation of any provision of this Chapter.

(Amended by Ordinance No. 167504, effective Mar. 30, 1994.) For the purposes of any noticing procedure as set forth by this Chapter 17.33, notice shall be deemed to have been received upon mailing of that notice. An error in the name of the owner or agent of the owner or the use of a name other than that of the true owner or agent for the property shall not render the notice void.

(Amended by Ordinance No. 167504, effective Mar. 30, 1994.) All City bureaus shall, to the fullest extent consistent with their authority, carry out their programs in such a manner as to further the provisions of this Title, and shall cooperate to the fullest extent in enforcing the provisions of this Chapter.

(Amended by Ordinance No. 167504, effective Mar. 30, 1994.) If any provision of this Chapter, or its application to any person or circumstances, is held to be invalid, the remainder of this Chapter, or the application of the provision to other persons or circumstances, shall not be affected.

(Amended by Ordinance No. 172879, effective November 18, 1998.) It is the policy of the City of Portland to provide the planning, engineering and administration necessary to develop and manage sewer facilities that are adequate for the transportation, treatment and disposal of waste water from within the City and to operate the sewer system in such a manner which protects public health and the environment. In carrying out this policy, the objectives of this Chapter are:

A. to prevent pollutants from entering the sewer system which will interfere with its normal operation or contaminate the resulting sludge;

B. to prevent the introduction of pollutants into the sewer system which will not be adequately treated and will pass through into the environment;

C. to improve the opportunity for recycling and reclamation of wastewater and sludge;

E. to insure that all industrial users comply with applicable federal, state and local laws and regulations governing wastewater discharges and that sanctions for failure to comply are imposed.

It is the intent of the City to provide needed sewer service to all users while meeting the outlined objectives. This Chapter provides the structure under which the service will be provided for industrial wastewater so that the system is protected and can continue to provide efficiently for the wastewater treatment needs of the City.

(Amended by Ordinance No. 172879, effective November 18, 1998.) For purposes of Chapter 17.34, and rules adopted thereunder, the following terms shall have the following definitions:

A. Branch sewer. The term branch sewer shall mean a conduit extending from the plumbing system of a building or buildings to and connecting with a public or private sewer.

B. Categorical pretreatment standards. Categorical pretreatment standards are limitations on pollutant discharges to Publicly Owned Treatment Works (POTWs) promulgated by the U.S. Environmental Protection Agency in accordance with Section 307 of the Clean Water Act, that apply to specified process wastewater of particular industrial categories [40 CFR Chapter I, Subchapter N, Parts 405-471 and amendments thereto]. A current listing of industries subject to National Categorical Pretreatment Standards is available from the Director of Environmental Services.

C. City Engineer. The term City Engineer shall mean the City Engineer of the City of Portland, Oregon, or his or her duly authorized representative or agent.

D. City or City of Portland. “City” or “City of Portland” shall mean the municipality of Portland, Oregon, a municipal corporation of the State of Oregon, acting through the City Council or any Board, Committee, body, official or person to whom the Council shall have lawfully delegated the power to act for or on behalf of the City. Unless a particular Board, Committee, body, official or person is specifically designated in this Chapter or rules adopted hereunder, wherever action by the City is explicitly required or implied herein, it shall be understood to mean action by the Director of Environmental Services of Portland, Oregon, or his or her duly authorized representative or agent.

E. Clean Water Act. The Clean Water Act is the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.).

F. Director of Environmental Services. The Director of Environmental Services (Director) is the Director of The Bureau of Environmental Services of the City of Portland, Oregon, or his or her duly authorized representative or agent.

G. Discharge. A discharge is any disposal, injection, dumping, spilling, pumping, emitting, emptying, leaching, leaking, or placing of any material so that such material enters the sewer system.

H. Domestic waste. Domestic waste is any waste consistent with that generated from single or multiple residential dwellings including, but not limited to, wastes from bathrooms, laundries and kitchens.

I. Domestic wastewater. Domestic wastewater is any water that contains only domestic waste.

J. Hazardous or toxic substances. Hazardous or toxic substances are those substances referred to in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S. Code §9601 et seq.), section 502(13) of the Clean Water Act, and any other substances so designated by the Director of Environmental Services and contained in rules adopted pursuant to this Chapter.

K. Industrial Discharger. An Industrial Discharger is any Industrial User that discharges industrial wastewater to the City sewer system.

L. Industrial User. An Industrial User is any person that discharges nondomestic wastewater.

M. Industrial waste. Industrial waste shall mean any liquid, solid, or gaseous substance, or combination thereof, resulting from or used in connection with any process of industry, manufacturing, commercial food processing, business, agriculture, trade or research, including but not limited to the development, recovering or processing of natural resources and leachate from landfills or other disposal sites.

N. Industrial wastewater. Industrial wastewater is any water that contains industrial waste.

O. Industrial wastewater discharge permit. An industrial wastewater discharge permit is a permit to discharge industrial wastewater into the City sewer system issued under the authority of this Chapter and which prescribes certain discharge requirements and limitations.

P. Interference. Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the normal operation of the City sewer system, or which causes a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or any increase in the cost of treatment of sewage or in the cost of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations); Section 405 of the Clean Water Act, the Solid Waste Disposal Act (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA)), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of RCRA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

Q. Pollutant. A pollutant is any substance discharged into the City sewer system which is prohibited or limited by the requirements of this Chapter or rules adopted hereunder.

R. Person. The term “person” shall mean any individual, company, enterprise, partnership, corporation, association, government agency, society, or group, and the singular term shall include the plural.

S. POTW. POTW means Publicly Owned Treatment Works, which includes any devices and systems, owned by a State or municipality, used in the collection, transportation, storage, treatment, recycling and reclamation of wastewater.

T. Pretreatment. Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater in accordance with federal, state and local laws, regulations and permits prior to or in lieu of discharging or otherwise introducing such pollutants into the City sewer system.

U. Separate stormwater collection system. The separate stormwater collection system is a conduit or system of conduits, open channels or natural streams in which it is intended that only stormwater be transported.

V. Sewer system. The sewer system is the entire sewage collection and treatment system, including but not limited to, all conduits, pumps, treatment equipment, physical and biological processes, and any other components involved in the collection, transportation, treatment, reuse, and disposal of stormwater, wastewater and sludge.

W. Significant Industrial User. Except as provided in subparagraph (c), the term Significant Industrial User means:

1. All industrial users subject to Categorical Pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and

2. Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding domestic, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Director of Environmental Services on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).

3. Upon a finding that an industrial user meeting the criteria in paragraph (b), above, has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the Director of Environmental Services may at any time, on his or her own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

X. Significant Noncompliance. Significant noncompliance with applicable pretreatment requirements exists when a violation of an industrial user meets one or more of the following criteria:

1. Chronic violations of wastewater discharge limits, defined as those in which sixty-six percent or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the monthly average limit for the same pollutant parameter.

2. Technical Review Criteria (TRC) violations, defined as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the monthly average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).

3. Any other violation of pretreatment effluent limit (daily maximum or longer-term average) that the Director of Environmental Services determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);

4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge;

5. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in an industrial wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

6. Failure to provide, within 30 days after the due date, required reports such as applications, baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

8. Any other violation or group of violations which the Director of Environmental Services determines will adversely affect the operation or implementation of the local pretreatment program.

A. For purposes of the functions described in Charter section 11-303, the City Engineer may delegate his or her authority to perform those functions to the Director of Environmental Services. This delegation can be made by filing a written notice of delegation with the City Auditor and approval of the delegation by resolution of the City Council. Upon approval of the delegation by the City Council, the Director of Environmental Services shall be responsible for performing the delegated functions, and the City Engineer shall not be responsible for supervising or approving actions of the Director of Environmental Services pursuant to the delegated authority. This delegation shall remain in effect until modified by resolution of the City Council.

B. The Director of Environmental Services is hereby authorized to adopt rules, procedures and forms to implement the provisions of this chapter.

1. Upon the recommendation of the Director of Environmental Services, the Bureau of Environmental Services may adopt rules pertaining to matters within the scope of this Chapter.

2. Any rule adopted pursuant to this section shall require a public review process. Not less than ten nor more than thirty days before such public review process, notice shall be given by publication in a newspaper of general circulation. Such notice shall include the place, time, and purpose of the public review process and the location at which copies of the full text of the proposed rules may be obtained.

3. During the public review, a designee of the Director of Environmental Services shall hear testimony or receive written comment concerning the proposed rules. The Director shall review the recommendation of his or her designee, taking into consideration the comments received during the public review process and shall either adopt the proposal, modify or reject it. If a substantial modification is made, additional public review shall be conducted, but no additional notice shall be required if such additional review is announced at the meeting at which the modification is made. Unless otherwise stated, all rules shall be effective upon adoption by the Director of Environmental Services and shall be filed in the office of the Director of Environmental Services.

4. Notwithstanding paragraphs (2) and (3) of this section, an interim rule may be adopted without prior notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, including the specific reasons for such prejudice. Any rule adopted pursuant to this paragraph shall be effective for a period of not longer than 180 days.

A. It is unlawful to discharge industrial wastewater into the City sewer system except in compliance with this Chapter and rules adopted hereunder.

B. Prohibited discharges. It is unlawful to discharge, cause to discharge or allow to discharge directly or indirectly into the City sewer system any of the following:

1. Wastewater containing substances in such concentrations that they inhibit or interfere with the operation or performance of the sewer system, or that are not amenable to treatment or reduction by the sewage treatment process employed, or are only partially amenable to treatment such that the sewage treatment plant effluent cannot meet the requirements of any agency having jurisdiction over its discharge to the receiving waters, or that exceed concentrations in excess of limitations in any permit issued by the City or other regulatory agency or in this Chapter or rules adopted hereunder, or that prevent or impair the use or disposal of sewage treatment plant sludge and sludge products in accordance with applicable State and federal regulations;

2. Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire or explosion or be injurious in any other way to the operation of the sewer system, or wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius (using test methods prescribed at 40 CFR 261.21), or discharges which cause the atmosphere in any portion of the sewer system to reach a concentration of 10% or more of the Lower Explosive Limit (LEL).

3. Any solid or viscous substances capable of obstructing wastewater which will or may cause obstruction to the flow of wastewater or other interference with the operation of the sewer system;

4. Any noxious, malodorous or toxic liquids gases, vapors or fumes, solids, or other substances which, either singly or by interaction with other wastes, may cause acute or chronic worker health and safety problems, a public nuisance, a hazard or interference with any part of the sewer system;

5. Any industrial wastewater containing a hazardous or toxic substance which, either singly or by interaction with other substances, injures or interferes with the sewer system or constitutes a hazard to humans or animals, or creates a hazard in, or adversely affects the receiving waters, or results in such substances being discharged in combined sewer overflows or sewage treatment plant effluent in any concentrations in excess of limitations imposed by any permit, law or regulation;

6. Any wastes, wastewaters or substances having a pH less than 5.0 or more than 11.5, or capable of causing damage or hazard to structures, equipment, processes or personnel of the sewer system, unless these limits are modified by permit. Such wastes include, but are not limited to, battery or plating acids and wastes, copper sulfate, chromium salts and compounds, or salt brine;

7. Any liquid or vapor having a temperature higher than 65 degrees Celsius (149 degrees Fahrenheit) or containing heat in amounts which will inhibit biological activity, or result in interference at the treatment plant. In no case shall a discharge to the sewer system contain heat in such quantities that the temperature of the treatment plant influent exceeds 27 degrees Celsius (80 degrees Fahrenheit);

8. Any material trucked or hauled from a cesspool, holding or septic tank or any other nondomestic source, except such material received at designated locations under City contract or permit in accordance with any other applicable requirements of the City Code or rules adopted thereunder;

9. Any substance which may solidify or become discernibly viscous at temperatures above 0 degrees Celsius or 32 degrees Fahrenheit;

10. Any material that has not been properly comminuted to 0.65 centimeters (1/4 inch) or less in any dimension;

12. Any substances with excessive color, as determined by the Director of Environmental Services, which are not removed in the treatment process;

13. Any batch discharges without written permission from the Director of Environmental Services. Batch discharges shall comply with all other requirements of this Chapter and rules adopted hereunder;

14. Any concentrations of inert suspended or settleable solids which may interfere with the operation of the sewer system;

15. Any concentrations of dissolved solids which may interfere with the operation of the sewer system;

16. Any radioactive material, except in compliance with a current permit issued by the Oregon State Health Division or other state or federal agency having jurisdiction;

17. Any substance which may cause sewer system effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or which interferes with the reclamation process. (In no case, shall a substance discharged to the sewer system cause the City to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under the Clean Water Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act (42 USC 6901), the Clean Air Act (42 USC 1857), the Toxic Substances Control Act (15 USC 2601), or any other federal or State statutes, regulations or standards applicable to the sludge management method being used, or any amendments thereto.)

18. Petroleum oil, nonbiodegradeable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.

19. Noncontact cooling water (except that noncontact cooling water may be discharged to the separate storm sewer system upon approval by the Director of Environmental Services);

20. Any substance that causes the City to violate the terms of its NPDES permit;

21. Any discharge limits in rules adopted in rules pursuant to this Chapter.

A. It is unlawful for a discharger to discharge wastes or wastewater to the City sewer system in excess of limitations established in an industrial wastewater discharge permit or in violation of the prohibited discharges in Section 17.34.030. The Director of Environmental Services shall establish specific discharge limitations under separate rules to meet the objectives of this Chapter.

B. It is unlawful for a discharger to use dilution as a partial or complete substitute for adequate treatment to achieve compliance with the standards and limitations set forth in this Chapter or rules adopted hereunder or in an industrial waste discharge permit issued pursuant to the Chapter. The Director may impose mass limitations on dischargers who are using dilution to meet the applicable pretreatment standards or requirements of this Chapter or rules adopted hereunder, or in other cases where the Director determines that the imposition of mass limitations is deemed appropriate.

C. Termination or limitation. Notwithstanding prior acceptance into the City sewer system of industrial wastewater under this Chapter, if the Director of Environmental Services finds that industrial wastes from a particular commercial or industrial occupancy or a class of industrial wastewater from similar commercial or industrial occupancies cause or may cause damage to the City sewer system, interference with the operation of the City sewer system, or a nuisance or hazard to the City sewer system, City personnel or the receiving waters, the Director may limit the characteristics or volume of the industrial wastewater accepted under this Chapter, or may terminate the acceptance. Notice of the limitation or termination shall be given in writing to the occupant of the property involved or by posting such notice on the property involved and shall specify the date when the limitation or termination is to be effective. It is unlawful for any person to discharge or permit the discharge of industrial wastewater in violation of this notice.

A. If, as determined by the Director of Environmental Services, treatment facilities, operation changes or process modifications at an industrial discharger’s facility are needed to comply with any requirements under this Chapter or are necessary to meet any applicable state or federal requirements, the Director of Environmental Services may require that such facilities be constructed or modifications or changes be made to the pretreatment facilities within the shortest reasonable time, taking into consideration construction time, impact of the untreated industrial wastewater on the City sewer system, impact of the industrial wastewater on the marketability of the City treatment plant sludge or sludge products, and any other appropriate factor.

B. Any requirement provided for or authorized pursuant to this Chapter may be incorporated as a part of an industrial wastewater discharge permit issued under Section 17.34.070 or any other enforcement document and made a condition of issuance of such permit or made a condition of the acceptance of the industrial wastewater from such facility.

C. Plans, specifications and other information relating to the construction or installation of preliminary pretreatment facilities required by the Director of Environmental polices under this Chapter shall be submitted to the Director. No construction or installation thereof shall commence until written approval of plans and specifications by the Director is obtained. No person, by virtue of such approval, shall be relieved of compliance with other local, State or federal laws relating to construction and permits. Every facility for the preliminary pretreatment or handling of industrial wastewater shall be constructed in

accordance with the approved plans and specifications and shall be installed and maintained at the expense of the occupant of the property discharging the industrial wastewater.

D. Any person constructing a pretreatment facility, as required by the Director of Environmental Services, shall also install and maintain at his or her own expense a sampling manhole or other suitable monitoring access for checking and investigating the discharge from the pretreatment facility to the public sewer. The sampling manhole or monitoring access shall be placed in a location designated by the Director and in accordance with specifications approved by the Director.

1. Any discharger that is required to have an industrial wastewater discharge permit pursuant to Section 17.34.070 shall submit to the Director of Environmental Services during the months of June and December, unless required on other dates or more frequently by the Director a report indicating the nature of the effluent over the previous reporting period. The report shall include a record of the concentrations (and mass if limited in the permit) of the limited pollutants that were measured and a record of all flow measurements taken at designated sampling locations, and shall also include any additional information required by this Chapter or rules adopted pursuant to this Chapter.

2. Flows shall be reported on the basis of actual measurement; provided, however, that the Director of Environmental Services may accept reports of average and maximum flows estimated by verifiable techniques if the Director determines that actual measurement is not feasible.

3. The Director of Environmental Services may require reporting by industrial wastewater dischargers that are not required to have an industrial wastewater discharge permit if information or data is needed to establish a sewer charge, determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the sewer system.

4. The Director of Environmental Services may require self-monitoring by the discharger or, if requested by the discharger, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this Section.

a. If the Director agrees to perform such periodic compliance monitoring, he or she may charge the discharger for such monitoring, based upon the costs incurred by the City for sampling and analyses. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills.

b. The Director is under no obligation to perform periodic compliance monitoring for a discharger.

c. Periodic compliance monitoring is that monitoring which is necessary to provide information on discharge quantity and quality required for periodic compliance reports.

B. Final Compliance Report. Within 90 days following the date for final compliance by the discharger with applicable pretreatment standards and requirements set forth in this Chapter or rules adopted hereunder or an industrial wastewater discharge permit, or within 30 days following commencement of the introduction of wastewater into the City sewer system by a new source discharger, any discharger subject to this Chapter shall submit to the Director of Environmental Services a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge and the average and maximum daily flow in gallons. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and pretreatment is necessary to bring the discharger into compliance.

C. All applications, reports, and reporting information shall be certified and signed in accordance with 40 CFR 403.12;

1. Any records, reports or information obtained under this Chapter or rules adopted hereunder shall be available to the public or any governmental agency without restriction, unless classified by the Director of Environmental Services as confidential. In order to obtain a confidential classification on all or part of any records, reports or information submitted, the discharger shall:

a. Submit a written request to the Director identifying the material that is desired to be classified as confidential and;

b. Demonstrate to the satisfaction of the Director that records, reports or information or particular parts thereof, are exempt from disclosure pursuant to the Oregon Public Records Law.

2. Effluent data, as defined in 40 CFR 2.302, submitted pursuant to this Chapter shall not be classified as confidential.

3. Records, reports or information or parts thereof classified as confidential by the Director of Environmental Services shall not be released or made part of any public record or hearing unless such release is ordered by the District Attorney or a court of competent jurisdiction; provided, however, such confidential information shall, when required by law or governmental regulation, and upon written request, be made available to state or federal agencies having jurisdiction, duties or responsibilities relating to this Chapter, the National Pollutant Discharge Elimination System or applicable Oregon laws and regulations.

E. Fraud and False Statements. Any reports required by this Chapter or rules adopted thereunder and any other documents required by the City to be submitted or maintained by the discharger shall be subject to the enforcement provisions of this Chapter and other applicable local and State laws and regulations relating to fraud and false statements. Additionally, a discharger shall be subject to the provisions of 18 U.S. Code Section 1001 relating to fraud and false statements, and the provisions of Section 309 of the Clean Water Act, as amended, governing false statements and responsible corporate officers.

F. Notification of Hazardous Waste Discharge. An industrial discharger shall notify the Director of Environmental Services in writing of any discharge into the sewer system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification shall be in accordance with the requirements of rules adopted pursuant to this Chapter.

G. Notification of Violation. An industrial discharger shall report noncompliance with permit limits within 24 hours of becoming aware of the noncompliance. The industrial discharger shall repeat the sampling and analysis and submit results to the Director of Environmental Services within 30 days of becoming aware of the violation.

H. Notification of Changed Discharge. All industrial dischargers shall promptly notify the Director of Environmental Services in advance of any substantial change in the volume or character of pollutants in their discharge.

A. Requirement for a permit. Except as provided in Section 17.34.070 B an industrial wastewater discharger shall have an industrial wastewater discharge permit prior to discharging into the City sewer system if:

1. The discharger is a Significant Industrial User, as defined in this Chapter; or

2. The discharge is required to be permitted under procedures contained in the City’s approved pretreatment program.

1. If discharges are in existence prior to the date that an industrial wastewater discharge permit is required, the discharger shall be notified in writing by the Director of Environmental Services that such a permit is required. Such existing dischargers shall be allowed to continue discharging into the City sewer system without an industrial wastewater discharge permit until a permit is issued or denied, provided the discharger files a completed environmental survey and application for an industrial wastewater discharge permit within 90 days of receipt of the notice.

2. Discharges that require an industrial wastewater discharge permit and are allowed to continue discharging without such a permit under Section 17.34.070 B 1 shall comply with the requirements of this Chapter and rules adopted hereunder.

1. Existing Significant Industrial Users, as defined in this Chapter, shall submit application for a permit on a form provided by the Director within 180 days after the effective date of a categorical pretreatment standard issued by the U.S. EPA or within 90 days after receiving notification from the Director of Environmental Services that such a standard has been issued, whichever is sooner.

2. New Source Dischargers. Any new source discharger determined by the Director of Environmental Services to be a Significant Industrial User shall submit an application for a permit on a form provided by the Director within 90 days of notification by the Director, provided that a new source discharger shall not discharge to the sewer system without a permit.

3. Submission of the application for permit required by this section shall satisfy the requirements of 40 CFR 403.12(b).

4. The application for permit shall not be considered complete until all information required by the application form, by this Chapter, and by rules adopted hereunder is provided, until all fees are paid, and until the certification statement required by 40 CFR 403.12(b)(6) is signed by the authorized representative, unless specific exemptions are granted by the Director of Environmental Services.

1. Industrial wastewater discharge permits shall be issued or denied by the Director of Environmental Services within 90 days after a completed application is received, unless that period is extended in writing by the Director of Environmental Services for good and valid cause.

2. Industrial wastewater discharge permits shall contain conditions which meet the requirements of this Chapter and rules adopted hereunder as well as those of applicable State and federal laws and regulations.

3. If pretreatment facilities are needed to meet the applicable pretreatment standards or requirements in an industrial wastewater discharge permit, the permit shall require the installation of such facilities in a compliance schedule.

4. Whenever an industrial wastewater discharge permit requires installation or modification of pretreatment facilities or a process change necessary to meet discharge standards or spill control requirements, a compliance schedule shall be included which establishes the date for completion of the pretreatment facilities or process changes. The compliance schedule may contain appropriate interim dates for completion of specified tasks. Compliance dates established in a permit cannot exceed federal categorical deadline dates.

5. Industrial wastewater discharge permits shall expire no later than 5 years after the effective date of the permit and shall not be transferable.

6. The Director of Environmental Services may deny the issuance of an industrial wastewater discharge permit if he or she determines that the discharge will result in violations of local, State or federal laws or regulations, will cause interference or damage to any portion of the City sewer system, or will create an imminent or potential hazard to human health or the environment.

1. An industrial wastewater discharge permit may be modified for good and valid cause at the written request of the permittee or at the discretion of the Director of Environmental Services.

2. Permittee modification requests shall be submitted to the Director of Environmental Services and shall contain a detailed description of all proposed changes in the discharge. The Director may request any additional information needed to adequately review the application or assess its impact.

3. The Director of Environmental Services may deny a request for modification if he or she determines that the change will result in violations of local, State or federal laws or regulations, will cause interference or damage to any portion of the City sewer system, or will create an imminent or potential hazard to human health or the environment.

4. If a permit modification is made at the direction of the Director of Environmental Services, the permittee shall be notified in writing of the proposed modification at least 30 days prior to its effective date and informed of the reasons for the changes. Any request for reconsideration shall be made before the effective date of the changes.

F. Change in a permitted discharge. A modification to the permittee’s discharge permit must be issued by the Director of Environmental Services before any significant increase is made in the volume or level of pollutants in an existing permitted discharge to the City sewer system. Changes in the discharge involving the introduction of a waste stream(s) not previously included in the industrial waste discharge permit application or involving the addition of new pollutants shall be considered new discharges, requiring application under Section 17.34.070.

G. Renewal of Permits. A permittee shall apply for renewal of its industrial wastewater discharge permit within 90 days of the expiration date of the existing permit. Upon timely application for renewal, an existing permit will remain effective until the renewal application is acted upon.

H. Appeal of permit. Upon receipt of a final industrial wastewater discharge permit, a permittee may appeal any of its terms or conditions to the Code Hearings Officer in accordance with procedures set out at Chapter 22.10 of the Portland City Code; provided that such an appeal shall include a copy of the permit that is the subject of the appeal, shall state the basis for he appeal, and shall be filed with the Code Hearings Officer and the Bureau of Environmental Services.

1. Authorized City representatives may inspect the monitoring facilities of any industrial wastewater discharger to determine compliance with the requirements of this Chapter. The discharger shall allow the City or its authorized representatives to enter upon the premises of the discharger at all reasonable hours for the purpose of inspection, sampling, photographic documentation or records examination and copying. The City shall also have the right to install on the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering operations.

a. The authorized City representative shall present appropriate credentials at the time of entry;

b. The purpose of the entry shall be for inspection, observation, measurement, sampling, testing, photographic documentation, or records examination and copying in accordance with the provisions of this Chapter;

c. The entry shall be made at reasonable times during normal operating or business hours unless an emergency situation exists as determined by the Director of Environmental Services.

d. All regular safety and sanitary requirements of the facility to be inspected shall be complied with by the City representative(s) entering the premises.

1. Samples of wastewater being discharged into the sewer system shall be representative of the discharge. Other sampling locations may be required by permit. The sampling method shall be one approved by the Director of Environmental Services and one in accordance with 40 CFR Part 136.

2. Samples taken by City personnel for the purpose of determining compliance with the requirements of this Chapter or rules adopted hereunder may be split with the discharger (or a duplicate sample provided in the instance of fats, oils and greases) if requested before or at the time of sampling.

3. All sampling and analyses shall be performed in accordance with the procedures set forth in 40 CFR Part 136 and any amendments thereto or with any other test procedures approved by the Administrator of the Environmental Protection Agency. If there are no approved test procedures the Director of Environmental Services may approve other analytical procedures. The results of all samples taken shall be reported.

C. Sampling manhole or access. The Director of Environmental Services may require an industrial wastewater discharger to install and maintain at the discharger’s expense a suitable manhole in the discharger’s branch sewer or other suitable monitoring access to allow observation, sampling and measurement of all industrial wastes being discharged into the City sewer system. The manhole shall be constructed in accordance with plans approved by the Director Services and shall be designed so that flow measuring and sampling equipment can be conveniently installed. Access to the manhole or monitoring access shall be available to City representatives at all times.

A. Notification. Any person becoming aware of spills or uncontrolled discharges of hazardous or toxic substances or substances prohibited under Section 17.34.030 directly or indirectly into the City sewer system or into a tributary to the City sewer system, shall immediately report such discharge by telephone to the Director of Environmental Services and to any other authorities required under other local, state, or federal laws or regulations.

B. Written notice. Within 5 days following an accidental discharge as described in paragraph (a), above, the discharger shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. Such notification shall not relieve the discharger from any fines, civil penalties, or other liability which may be imposed under the authority of this Chapter or rules adopted hereunder or other applicable law.

C. Posted notice. A notice informing employees of an industrial wastewater discharger of the notification requirement above which contains information regarding reporting in the event of such a discharge shall be posted in a conspicuous place and shall be visible to all employees who may reasonably be expected to observe such a discharge.

D. Preventive measures. Direct or indirect connections or entry points which could allow spills or uncontrolled discharges of hazardous or toxic substances or substances prohibited under Section 17.34.030 to enter the City sewer system shall be eliminated or labeled and controlled so as to prevent the entry of wastes in violation of this Chapter. The Director of Environmental Services may require the industrial user to install or modify equipment or make other changes necessary to prevent such discharges as a condition of issuance of an industrial wastewater discharge permit or as a condition of continued discharge into the City sewer system. A schedule of compliance shall be established by the Director which requires completion of the required actions within the shortest reasonable period of time. Violation of the schedule without an extension of time by the Director is a violation of this Chapter.

1. Industrial users that handle, store or use hazardous or toxic substances or substances prohibited under Section 17.34.030 on their sites shall prepare and submit to the Director of Environmental Services an Accidental Spill Prevention Plan, according to the requirements set out in rules adopted pursuant to this Chapter, within 60 days after notification by the Director or as required by an industrial wastewater discharge permit.

(Amended by Ordinance No. 165068, effective Feb. 12, 1992.) Industrial users that fail to comply with the requirements of this Chapter and rules adopted hereunder may be subject to enforcement actions by the Director of Environmental Services.

1. A violation shall have occurred when any requirement of this Chapter or rules adopted hereunder has not been met, or when any condition of a permit or agreement issued under the authority of this Chapter or rules adopted hereunder is not met.

2. Each day a violation occurs or continues shall be considered a separate violation.

3. For violations of discharge limits, each parameter that exceeds a discharge limit shall be considered a separate violation except as provided elsewhere in this Chapter or rules adopted hereunder.

4. Where a discharge causes interference or pass through, the discharger shall have an affirmative defense where it is demonstrated that:

a. It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference; and

b. The discharge was in compliance with properly developed local limits prior to and during the pass through or interference; or

c. If a local limit designed to prevent pass through or interference has not been developed for the pollutants that caused the pass through or interference, the discharger’s discharge directly prior to and during the pass through or interference did not change substantially in nature or constituents from prior discharge activity which was regularly in compliance with the requirements of this Chapter and rules adopted hereunder.

B. Enforcement Mechanisms. In enforcing any of the requirements of this Chapter or rules adopted hereunder, the Director of Environmental Services, or a duly authorized representative, may:

1. Take civil administrative actions, as set out in rules adopted under the authority of this Chapter;

4. Cause an appropriate action to be instituted in a court of competent jurisdiction; or

5. Take such other action as the Director of Environmental Services, in the exercise of his or her discretion, deems appropriate.

C. Civil Penalties. Violations of this Chapter or of rules adopted hereunder may result in assessment of civil penalties in an amount up to $5000 per day per violation. All civil penalties shall be deposited with the City Treasurer and credited to the Sewage Disposal Fund. Failure to pay a civil penalty within 30 days following a final determination regarding the penalty is grounds for permit revocation or termination of the permittee’s discharge.

1. Notwithstanding any other provisions of this Chapter, the Director of Environmental Services may terminate or prevent a discharge into the City sewer system or revoke an industrial wastewater discharge permit if:

a. The discharge or threatened discharge presents or may present an endangerment to the health or welfare of persons or the environment, or threatens to interfere with the operation of the City sewer system; or

b. The permit to discharge into the City sewer system was obtained by misrepresentation of any material fact or by lack of full disclosure; or

c. The discharger violates any requirement of this Chapter or of an industrial wastewater discharge permit; or,

2. Notice of termination or prevention of discharge or permit revocation shall be provided to the industrial wastewater discharger or posted on the subject property prior to terminating or preventing the discharge or revoking a permit.

a. In situations that do not represent an imminent endangerment to health or the environment or an imminent threat of interference with the sewer system, the notice shall be in writing, shall contain the reasons for the termination or prevention of the discharge or permit revocation, the effective date, the duration, and the name, address and telephone number of a City contact, shall be signed by the Director of Environmental Services, and shall be received at the business address of the discharger no less than 30 days prior to the effective date.

b. In situations where there is an imminent endangerment to the health or welfare of persons or the environment or an imminent threat of interference with the operation of the sewer system, the Director of Environmental Services may immediately terminate an existing discharge or prevent a new discharge from commencing or revoke a permit after providing informal notice to the discharger or after posting such notice on the subject property. Informal notice may be verbal or written and shall include the effective date and time and a brief description of the reason. Within 3 working days following the informal notice, a written formal notice as described in 17.34.110(d)(2)(A) shall be provided to the discharger.

3. The Director of Environmental Services shall reinstate an industrial wastewater discharge permit which has been revoked under the terms of this Chapter or shall reinstate industrial wastewater treatment service upon clear and convincing proof by the discharger of the elimination of the noncomplying discharge or conditions creating the threat of endangerment or interference as set forth in this Chapter.

E. Annual Publication. A list of Significant Industrial Users that are subject to the definition of significant noncompliance shall be published annually in the newspaper of general circulation published in Portland, summarizing the enforcement actions taken against industrial users during a prior twelve month period.

1. The Director of Environmental Services may recover all reasonable costs incurred by the City which are attributable or associated with violations of this Chapter, including but not limited to the costs of administration, investigation, sampling and monitoring, legal or enforcement activities, damage to the sewer system, contracts and health studies, and any fines or penalties assessed on the City which result from a discharge not in compliance with this Chapter or rules adopted hereunder.

2. All such costs shall be documented by the City and shall be served upon the discharger by certified or registered mail, return receipt requested. Such documentation shall itemize the costs the Director of Environmental Services has determined are attributable to the violations.

3. The costs are due and payable by the discharger upon receipt of the letter documenting such costs. All such costs shall be paid to the City Treasurer and credited to the Sewage Disposal Fund. Nonpayment or disputes regarding the amount shall be referred for appropriate action to the City Attorney. The City Attorney may initiate appropriate action against the discharger to recover costs under this Section.

4. The Director of Environmental Services may terminate a discharge for nonpayment of costs after 30 days notice to the discharger.

G. Appeal of enforcement action. Upon receipt of a final determination of an enforcement action, an Industrial User may appeal the determination to the Code Hearings Officer in accordance with procedures set out at Chapter 22.10 of the Portland City Code; provided that such an appeal shall include a copy of the final determination that is the subject of the appeal, shall state the basis for the appeal, and shall be filed with the Code Hearings Officer and the Bureau of Environmental Services.

(Amended by Ordinance No. 172879, effective November 18, 1998.) All dischargers subject to this Chapter shall retain and preserve for no less than 3 years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of the discharger in connection with its discharge. This period of retention may be extended per 40 CFR 493.12(o)(2) when requested by the Director, the Oregon Department of Environmental Quality, or the Regional Administrator of the Environmental Protection Agency during the course of any unresolved litigation regarding the industrial user. All records which pertain to matters which are the subject of any enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this Chapter are hereby repealed to the extent of such inconsistency or conflict.

If any provision, paragraph, word, or Section of this Chapter or rules adopted hereunder is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, Sections and Chapters shall not be affected and shall continue in full force and effect.

A. The Director of Environmental Services shall set annual fees for all industrial waste discharge permits. In determining these fees, the Director shall consider at least the following factors: process wastewater discharge flow; industrial user classification; permit status (new or renewed); self monitoring frequency; city monitoring frequency; regulatory history and the regulatory permits and special requirements.

C. The Director shall also have authority to set fees for all non-routine, non-domestic batch discharges to the sewer system. Service fees for such discharges not otherwise addressed in an industrial wastewater discharge permit shall be $50 per occurrence, in addition to other applicable charges.

A discharger may request the Director of Environmental Services to reconsider any determination made under this Chapter if there is reason to believe that sufficient data or information is available to support a different determination. Any request for reconsideration shall be accompanied by the data and information the discharger used as a basis for the request. The Director of Environmental Services may then revise the initial determination or retain the original determination based upon the submitted request.

(Amended by Ordinance Nos. 156500 and 166674, effective June 23, 1993.) As used in this Chapter the following definitions apply:

B. Operator in charge. The operator in charge, hereafter referred to as “operator,” shall be a designated operator on duty at the Columbia Boulevard Wastewater Treatment Plant or other designated location and shall supervise and direct any discharge of septage.

C. Columbia Boulevard Wastewater Treatment Plant (CBWTP). The City of Portland’s wastewater treatment plant located at 5001 N. Columbia Boulevard, Portland, Oregon.

E. Oregon Department of Environmental Quality (DEQ). The State of Oregon’s Department of Environmental Quality.

F. Holding tank. Tanks with no drain field which are required to be pumped out on a regular basis.

G. Director. The Director of the Bureau of Environmental Services at the City.

(Amended by Ordinance No. 166674, effective June 23, 1993.) Only those persons possessing a valid septage discharge permit issued from the City of Portland will be allowed to discharge septage at CBWTP.

B. The City shall issue permits for the discharge of septage at CBWTP after receipt of the following:

3. A current DEQ Sewage Pumping Equipment Description/Inspection form for each vehicle identified on the permit;

5. A copy of insurance coverage at or above those levels required by the Oregon Public Utility Commission;

6. Effective July 1, 1994, a certificate of completion, or the ability to receive such certification within 30 days of permit approval, by applicant personnel at the City of Portland’s “Septage Hauler Education Class.” Personnel of an approved septage hauler shall attend the City; s Septage Hauler Education Course. The course will inform haulers about the City’s Septage Receiving Program and the operational process at CBWTP. Certification renewals may be requested on an annual basis and shall be required upon request of the Director or when permittee personnel changes occur.

7. The City shall impose appropriate conditions in permits to ensure compliance with requirements of this Chapter.

(Amended by Ordinance No. 166674, effective June 23, 1993.) The City will accept discharge of septage at the CBWTP that originates within the Tri-County area and is subject to the provisions of this Chapter.

A. Discharge of process waste from commercial and industrial locations is prohibited.

B. Unauthorized discharge of septage into the sewer system within the jurisdiction of the City or the Tri-County area is prohibited.

C. The City will have full authority to refuse a load, limit the amount of discharge and/or establish necessary restrictions on discharge under the following conditions:

4. Operator observed inconsistencies between certified contents and actual contents;

In the event that septage is rejected by the City, the DEQ shall be immediately notified of such rejection.

(Amended by Ordinance No. 166674, effective June 23, 1993.) Each applicant, except governmental agencies shall post a performance guaranty in a form including but not limited to a surety bond, penal bond, performance bond, irrevocable letter of credit, pledge of assets, or other form which shall be approved by the City Attorney. The amount will be determined by the conditions of the permit and the number and capacity of the applicant’s vehicles. Minimum coverage shall be $10,000. All changes in personnel and equipment shall be reported to the City within 30 days. The value of the performance guaranty shall be forfeited to the City under any of the following conditions:

B. The discharge of septage at unauthorized locations in the Tri-County area (or the City of Portland);

C. Effective July 1, 1994, failure to make timely payment, pursuant to 17.35.090 B, of charges billed under this Chapter. (Forfeiture of guaranty up to amount of overdue charges only, after notice of intent to demand payment from guarantor.)

(Amended by Ordinance Nos. No. 156500, 160886, 162109, 165136, 166674, 167692, 168857, 170190, 171224, and 172288, effective June 19, 1998.) The fee schedule applicable to discharging by permit holders is as follows:

A. Discharge permit fee. A permit is provided to qualified septage haulers for an annual fee of $78.00. Fees are to be paid on an annual basis at time of permit application.

B. Discharge rates. Each delivery received at the plant is subject to the following discharge rates, which will be applied to full tank capacity of the delivery vehicle. The discharge rate shall be 9.7 cents per gallon. The plant may accept partial loads on a pre-approved basis. Measurement disputes between septage haulers and City personnel will be resolved by a process established by the Director.

(Amended by Ordinance No. 166674, effective June 23, 1993.) The operator is directed to provide one copy of the load certificate to the permittee, retain two copies of each load certificate executed by permittee, and to convey one copy of each load certificate to the office of the City as may be required by the Office of Finance and Administration.

The City shall mail a monthly statement of account to each permittee. Failure to pay the amount shown within 30 days of the date of billing shall result in imposition of interest fees, as named in Title 5, Section 5.48.040, on the amount past due.

(Amended by Ordinance No. 166674, effective June 23, 1993.) All septage discharge permits issued to an applicant by the City may be revoked for any of the following reasons:

A. Failure to accurately certify the source of a load of septage prior to discharge

B. Failure to pay all charges for discharge within 60 days of billing by the City.

C. Any act that is named as a cause for forfeiture of the performance guaranty, as outlined in Section 17.35.060.

1. A change occurs in a permittee’s operations that affect the conditions of this Chapter.

(Amended by Ordinance No. 166674, effective June 23, 1993.) No provision of this Code Section shall be construed to create a right in any individual to a permit, which in the opinion of the City would be inconsistent with the public interest.

No provision of this Code Section shall be construed to create any right in the Tri-County Area to the disposition of septage at a City facility inconsistent with the public interest of the City.

A. Violation of any of the requirements of this Chapter may result in enforcement by the Director.

B. Enforcement mechanisms. In enforcing the requirements of this Chapter, the Director may:

3. Cause an appropriate action to be instituted in a court of competent jurisdiction.

5. Appeal of final determination. Upon receipt of a final determination, a permittee may appeal the determination to the code Hearings Officer in accordance with the procedures set out in Chapter 22.10 of the Portland City Code; provided that such an appeal shall include a copy of the final determination that is the subject of the appeal, shall state the basis for the appeal, and shall be filed with the Code Hearings Officer and the Bureau of Environmental Services.

(Amended by Ordinance Nos. 159797, 163001, 164262, 165622, 166574, 168793, 169323, 170613 and 170717, effective Dec. 13, 1996.) For the purpose of this Chapter, the following definitions shall apply:

A. “Dwelling unit”. Any housing unit with sanitary and kitchen facilities either designed or used to accommodate one or more residents, including detached residences, multiple housing units, mobile homes and mobile home spaces. This does not include commercial (transient) housing units such as hotel and motel units; overnight trailer or recreational vehicle spaces; or housing units in institutional care facilities. A single dwelling unit shall be any dwelling unit, as defined above, in a building containing no other dwelling units. This includes units in planned unit developments, and care facilities classed as a single-family unit by the Building Bureau.

B. “Multiple dwelling unit”. Any dwelling unit, as defined above, in a building containing more than one dwelling unit. This includes the dwelling units in commercial buildings containing more than one dwelling unit, houseboats, mobile homes and mobile home spaces where more than one unit exists.

C. “Drainage Service”. Drainage services shall be defined as activities and services related to the planning, engineering, construction and operation and maintenance of drainage facilities necessary to control the harmful effects of stormwater runoff, to keep public rights of way free from flooding, and to manage the water quality impacts of stormwater runoff to surface waters and groundwater.

1. Drainage facilities shall include but not be limited to storm or combined sewers; stormwater storage facilities; drainage ditches, sumps, streams, detention ponds, wetlands, ponds, lakes, swales, creeks, or natural drainage ways; or curbs, gutters, or catchment basins within public rights of way, and any other facilities within the City Charter definition of sewer.

2. Drainage service customer. A drainage service customer shall be a person who has the right to possession of a property, and who causes or permits the discharge of net stormwater runoff, directly or indirectly into drainage facilities owned or maintained by the City. Public roads are deemed to be open to the general public, and not in the possession of a person.

3. Impervious area. The area of a property (excluding any part in public use) which does not allow rainwater to percolate into the ground, such as a roof, or a paved driveway, walkway, and parking area.

4. Net stormwater runoff. Net stormwater runoff is defined as the increment to runoff from a property that is attributable to development on that property. This will depend on impervious area as a percentage of total area, soil type, slope, and on-site retention and detention capacity. The method of calculating this measurement shall be as set forth in procedures adopted by the Bureau of Environmental Services.

1. Streets dedicated for public use or owned by a city, county, state or other governmental body.

2. Recreational areas used by the general public which are owned by a school district or other governmental body, but not including buildings or their associated parking lots in such recreational areas.

E. “Biochemical Oxygen Demand (BOD)”. This phrase or its abbreviation shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter over a period of 5 days at a temperature of 20 Celsius (as described in the American Public Health Association publication, Standard Methods for the Examination of Water and Wastewaters, current edition, or Guidelines Establishing Test Procedures for the Analysis of Pollutants, contained in 40 CFR 136 and amendments thereto, as published in the Federal Register).

F. “Suspended Solids”. This phrase shall mean total suspended matter that either floats on the surface or is in suspension in water or wastewater and that is removable by laboratory filtering (as described in Standard Methods for the Examination of Water and Wastewaters, current edition, or Guidelines Establishing Test Procedures for the Analysis of Pollutants, contained in 40 CFR 136 and amendments thereto, and referred to as nonfilterable residue).

G. “Available sewer”. A sewer shall be deemed available to a property when a collector, trunk, or other major public sanitary sewer is in a dedicated street or easement adjacent to, or within the property, and such sewer was designed or intended to provide direct service to the property. For the purposes of this Chapter, a sewer shall not be considered available to a property if an extension of the public sewer is required before a branch can be constructed to the property.

H. “Sanitary service customer”. A sanitary service customer shall be a person who has the right to possession of a property, and who causes or permits the discharge of sanitary sewage from property in their possession into sanitary sewer facilities owned or maintained by the City.

I. “Director”. Director shall mean the Director of the Bureau of Environmental Services or his or her designated representative.

J. “Temporary structure”. A structure shall be deemed temporary if it is a separate and distinct entity from all other structures and it is created and removed in its entirety, including impervious area associated with the structure, within a continuous period of three years or less.

K. “Temporary connection”. A connection to the sanitary sewer system shall be deemed temporary if the duration of the connection is less than three years and connection and disconnection occur only once. However, for purposes of this definition and determining the applicability of sewer system connection charges, connections to the sanitary sewer system made for the purpose of servicing an environmental remediation activity of less than three years will not be considered a temporary connection unless approved by the Director. In granting a temporary connection the Director shall, at a minimum, consider the nature of the remediation site and type of City sewer(s) available for connection.

(Amended by Ordinance Nos. 159797, 161643, 163001, 164262, 165135, 165622, 166574, 166778, 168893, 169940, 170198 and 170717, effective Dec. 13, 1996.) Sewer user service charges, as authorized by the Charter, are established and made effective as follows:

A. Charges for Sanitary Sewer Services. Except as otherwise provided by this Title, sewer user service charges shall be paid by all sanitary sewage customers who cause or permit the discharge of sanitary sewage from a property in their possession into sewage facilities owned or maintained by the City. The charges shall begin upon connection. Charges for sanitary sewer services include sanitary sewer volume charges, account service charges and penalties for non-payment or late-payment of sewer charges and may include other charges as provided for in this Chapter.

1. Dwelling units. Charges for dwelling units shall be based on the volume of sewage discharge to the sanitary sewer system. When discharge meter readings are not available, the Bureau may elect to use the water meter consumption as the calculation for the sanitary sewage discharge. To avoid including irrigation water usage in this calculation, the Bureau will establish a procedure that allows for irrigation credit. When a water meter reading is not available, a sanitary sewer discharge estimate shall be made based on the customer class of characteristics as determined by the Director. The sewer user rates for dwellings are shown in Figure 3 published at the end of this Title.

2. Commercial, industrial and all occupancies other than residential. The calculation of the charges for commercial, industrial and all occupancies other than residential shall be based on the amount of incoming water volume as measured by the City water meter or information from the water district serving the property or by a Bureau approved meter that measures actual discharge volume. Discharge meters must meet the current standards for such meters as described by the Director. To establish reduced charges or credit for water not subject to sewer charges, customers must comply with the requirements in Section 17.36.040 “Special Provisions.” If a sewer customer does not have a City meter or water district meter measuring the supply of water to the property, the private water supply must be metered in accordance with Section 17.36.040. The sewer user rates for commercial, industrial and occupancies other than residential are as shown in Figure 3 at the end of this Title.

3. Combined dwelling units and other. Where dwelling units and other occupancies are combined on the same water supply, the charges for sanitary sewage service shall be computed in the same manner as those for commercial, industrial and all occupancies other than residential.

B. Charges for drainage services. Except as otherwise provided by this Title, drainage service charges shown in Figure 3 shall be paid by all drainage service customers who cause or permit the discharge of net stormwater runoff from property in their possession directly or indirectly into drainage facilities owned or maintained by the City. The Water account customer is assumed to be the drainage service customer for the purposes of drainage services. If there is no Water account customer, the Bureau of Environmental Services shall determine the drainage service customer.

1. Basis for charge. Drainage fees shall be charged based on each drainage service customer’s proportionate share of net stormwater runoff from all drainage service customers into drainage facilities owned or maintained by the City. For administrative purposes, the user’s proportionate share will be assumed to be perfectly correlated with the amount of impervious area on the user’s site. Unless the Bureau of Environmental Services measures actual site characteristics, impervious area shall be assumed to be the average impervious area for the customer’s class as shown in the most recent rate study.

2. Dwelling units. Unless the City chooses to measure the actual amount of impervious area on a site in the drainage service customer’s possession, the City shall assume average dwelling unit characteristics, including impervious area, for each class of dwelling unit, as determined in the most recent rate study. The charge per 1000 square feet of impervious area is shown in Figure 3.

3. Properties other than dwelling units. The drainage service customer’s proportionate share of net stormwater runoff from a site billed on the basis of average characteristics shall be calculated based on the amount of impervious area on that site rounded to the nearest 1000 square feet, and calculated as a multiple of the charge for 1000 square feet of impervious area and is shown in Figure 3.

1. The charges for the use of the City’s sewage system from properties outside the City shall be as given in Figure 3 at the end of Title 17.

2. Business, industrial, commercial, and all other non-residential services outside the City:

a. The Director may require, and shall have authority to enter into agreements for and on behalf of the City, permitting connection and providing sewer service to commercial and industrial properties outside the City when he/she finds such service feasible and appropriate. The Director shall have authority to conduct such investigations as deemed necessary in connection with the application of any non-residential occupancy to connect with a public sewer under City control. All sewers to be connected under authority of this Subsection shall be first approved by the Administrator as to design and location. Street opening permits shall be obtained from the appropriate authority in the jurisdiction wherein the sewer is located.

b. The Director may require the owner, tenant or lease holder to post a cash or surety bond in the sum of not over $4,000, as one of the conditions for entering into an agreement allowing connection from commercial or industrial property outside the City. The bond shall be deposited with the City Treasurer and shall be declared forfeited upon certificate by the Director, approved by the Commissioner In Charge, in case of delinquency of more than 30 days in the payment of the sewer user service charge.

3. Determination of which property is outside the City. In determining whether any residential or business, industrial, commercial, institutional or other property is to be deemed within or without the City limits where the same are partially within and without, any such property where 66.7 percent or more of the assessed valuation of the same is recorded in the records of the County Assessor as lying beyond the City limits, the property shall be deemed wholly without the City for the purposes of this Section.

(Amended by Ordinance Nos. 159797, 160911, 164262, 165135, 165654, 166124, 166574, 169323, 170717, 172290, 172556, and 172557 effective September 5, 1998.) The following charges are for connection and use of a public sewer under City control, from properties either inside or outside the City. These charges shall be collected upon issuance of a building permit, or where a building permit is not required, upon issuance of a sewer connection permit.

If desired, the applicant may pay these charges directly to the Bureau of Environmental Services before receiving a building permit. To pre-pay these charges, the applicant must provide a letter of intent to the Bureau of Environmental Services which includes the parcel description and address if applicable, and the estimated number of EDU’s (equivalent dwelling units) to be paid. The applicant may receive a refund at any time of excess EDU’s paid (refunds will be based on rates in effect at time of prepayment and without interest), and applicant must pay for any outstanding EDU’s (calculated by the Bureau of Environmental Services) at the time of the building permit, at the rate in effect at that time. After September 15, 1988, no prepayment shall be accepted for connection to be performed more than five years from the date of prepayment.

A. For the purposes of this Chapter, some conversions to equivalent dwelling units are listed in Figure 4, published at the end of Title 17.

Industrial wastes, as defined in Section 17.34.020, Subsection 11, and wastes from occupancies not listed in Figure 4, shall be computed on the average monthly water consumption with allowance for usage not subject to a sewer use charge, as determined by the Director. The minimum evaluation for any new sewer connection shall be one equivalent dwelling unit.

B. Sanitary System Development Charge. The sanitary system development charge is a fee or charge for connection and use, or increased usage, of sewers and sewage purification systems to be used in connection with the design, construction, acquisition, operation, maintenance, and discharge of contract requirements of the City of Portland for sewage treatment, disposal and purification. The methodology for calculating the stormwater system development charge shall be as set forth in the document Sanitary and Stormwater System Development Charge Methodology, dated April 30, 1998 and adopted as Exhibit A to Ordinance No. 172290.

1. A customer desiring to connect a building to a sewer, or to increase the sewer usage by alteration, expansion, improvement, or conversion of a building already connected to the sewer causing an increase in equivalent dwelling units, as defined above, shall pay the sanitary system development charge listed in Figure 5 at the end of Title 17.

2. Credit for prior sewer connection. For buildings on sites that were previously connected to the sewer system or that had buildings previously connected to a sanitary sewer, full credit for sanitary system development charges will be allowed for each equivalent dwelling unit that existed prior to demolition or disconnection.

3. Credit for prior sewer user charge payments. When a property owner desires to connect a building to a sanitary sewer, where sanitary sewer user charges have been paid for the building for several years, a credit of $21 per equivalent dwelling unit for each year of such prior user charge payments from 1949 to 1991 shall be applied toward the sanitary system development charge. No credit shall be allowed for buildings that were wrecked prior to July 1, 1971.

4. Temporary structures and temporary connections shall not be subject to the sanitary system development charge. However sanitary system development charges, including penalties and interest charges, shall become due and payable from structures or customers that originally were exempted from sanitary system development charges as a temporary structures or temporary connections, but are not removed within 3 years as provided in the definition of temporary structures and temporary connections. Temporary structures and temporary connections are not exempt from paying sewer user fees, including extra strength charges.

C. Line Charge. The line charge is collected in lieu of assessment and shall be paid prior to when an owner connects a structure’s plumbing to a City sewage disposal system.

1. A customer desiring sewer connection and service by a private line or house branch directly to an existing public sewer of any size under City control, when the cost of any adjacent public sewer was not contributed to on behalf of customer’s property by assessment for direct service or its equivalent, shall pay a line charge as given in Figure 5 at the end of Title 17.

The line charge shall be based on the square footage of the property, and shall be limited to the lot area within 100 feet of rights of way or easement where sewer has been constructed or is planned for sewer construction. Such street or easement line shall be considered as continuing 100 feet beyond the end of the main line sewer or beyond where the sewer turns away from the property. The minimum line charge shall be based on a minimum assumed lot size of 1,200 square feet.

When an adjacent, developed lot, as defined in Title 33.910 that is under same ownership, is used in conjunction with a neighboring, developed lot that is connecting to the sewer, the adjacent lot shall be charged a line charge for its frontage as described above. This includes but is not limited to improved parking lots, and lots with garages or landscaping.

When a sewer is constructed that can not provide gravity service, the line charge shall be reduced by 50% if the property has gravity service to the first floor only and must install a pump for the basement and 75% of the line charge will be reduced if no gravity service is available for the first floor and the property must install a pump. The adjustment should not exceed the costs associated with the installation of a pump system. Property owners may appeal this determination to the Director, or designee, if the pump costs exceed the line charge adjustment.

2. Other agency sewer. Where a customer within the City or within a City service area desires connection to a sewer of another agency having a contract with the City for such connection, paragraph 1 above shall apply as though the sewer were under City control, unless the contract terms provide otherwise.

3. Temporary connection. Connection with a public sewer from property inside or outside the City limits under this Subsection shall be deemed temporary and to give no right to permanent connection regardless of lapse of time, and shall be subject to disconnection at the order of the Director whenever it is determined that the property can be served by another sewer which has been designed or engineered to carry the sewage from that property. If a particular property is or has been directly assessed for an alternate sewer available to serve the property, and the property has been connected to an existing sewer with payment of a line charge (formerly direct connection charge), then the current owner of the property will be eligible for refund of the appropriate amount of the line charges paid, without interest, upon his or her application therefor. No refund shall be made unless the property has been directly assessed for a City sewer and such amount placed on the City open lien docket within 7 years of the date of first connecting to the City sewer.

D. Branch charge. An owner desiring sewer connection and service by a public sewer where the Director determines that branches have been extended from the public sewer during or after its construction, and the property has not paid for the branch through assessment or otherwise, shall pay the branch charge as listed in Figure 5. The charge shall be collected prior to the connection being made, in addition to any other sewer connection charges which may be required by the Code of the City. Additional branches that have been requested by the property owner or their representative at the time of sewer design or construction but not used at the time of connection, shall also be charged to the property prior to connection to the public sewer.

E. Bond in lieu of payment. When the equivalent dwelling units for a proposed connection (or change) cannot be determined in advance, or when the owner or applicant does not agree with the Director’s determination, but only when the occupancy is not adequately defined above, the Director may accept a cash or surety bond in an amount determined by him, and posed by the owner in lieu of immediate payment of the charge. A reasonable time after the connection (or change) is made, but not more than 2-1/2 years, the Administrator, using water consumption records or other evidence, shall determine the number of equivalent dwelling units and the amount of the connection charges payable. Upon notice, the owner shall pay the connection charges required. If the owner does not pay the charges within 60 days, the bond shall be declared forfeited upon certificate by the Director, approved by the Commissioner In Charge.

F. Sampling manhole charge. When a property is subject to an extra strength charge, as determined by the Director, at the owners request the City may install a sampling manhole on the house branch, providing the owner agrees to pay all direct and indirect costs of installing the manhole.

G. Deferral of connection charges. Property owners who qualify to defer sewer assessment charges under the mid-County sewer safety net program but who want to connect to the system can defer payment of connection charges until such date as the Council may specify by ordinance. The charge in effect at the time of connection shall apply at time of payment. Deferred connection charges shall be delinquent when not paid after a period of 90 days from the date due and shall bear interest and penalties as set forth in Section 17.36.100 of the Code of the City of Portland, Oregon.

(Added by Ordinance No. 165188, amended by 166162, 166229, 166424, 166750, 167504, 170717, and 170952, effective Feb. 26, 1997.)

A. Purpose and Intent. The purpose of this section is to establish procedures for extending financial assistance to owners of single family residential properties which are subject to the 1986 mandatory sewer order of the Oregon Environmental Quality Commission. The City intends to provide financial assistance in order to assure the environmental quality of natural resources, provide stability to single family residential neighborhoods, and minimize financial distress to single family residential property owners caused by mandatory City actions to protect the environment. The City also intends to provide financial assistance in a manner which protects the City’s financial condition, secures existing City financial commitments, and complies with City policies relating to urban services, sewer utilities, land use and debt financing.

B. Definitions. For purposes of this section, the following definitions shall be used:

a. Properties located within the geographic area subject to the 1986 order of the Environmental Quality Commission of the State of Oregon issued under ORS 454.305 and properties subject to mandatory connection under PCC 17.33.010 A 4 and assessed or subject to future assessment for sanitary sewer local improvements on or after January 1, 1985.

a. Property which is devoted primarily to Household Living use, within the meaning of PCC Title 33;

b. The development of the property consists exclusively of House or Attached House development, and accessory developments, within the meaning of PCC Title 33;

c. The property is located within the affected area and is also located within the boundaries of the City of Portland or the owner of the property has signed an irrevocable consent to annex the property to the City of Portland or the property meets the eligibility criteria contained in the stipulated judgment approved by the U.S. District Court for the District of Oregon in the case of Hussey et al. v. City of Portland, Civil No. 92-1302 FR; and

d. The property owner is not in violation of the mandatory connection requirements contained in PCC chapter 17.33.

3. “Owner” shall mean the deedholder(s) of record as shown on the most current records of the County Assessor at the time ownership of a property is determined by the City or other persons who by contract, power of attorney or other legal assignment have authority to financially obligate eligible property for local sewer special charges.

4. “Local Sewer Special Charge” shall mean a charge against benefitted property for the portion of the costs of sewer local improvements charged as described in PCC 17.36.0208 in lieu of a special assessment for the costs of sewer local improvement districts, and include one house branch. Additional house branches, as requested by the property owner, will be charged at the current rate as provided in PCC 17.36.020 D.

5. “Chargeable Area.” Notwithstanding PCC 17.36.020 C, Chargeable Area shall be calculated as follows:

a. The line charge shall be based on the area of the property (square feet), and shall be limited to the area within 100 feet of the public rights-of-way or easement line of the sewer, except;

(1) The minimum line charge shall be based on a minimum assumed lot size of 1,200 square feet;

(2) Land locked or other properties that do not have frontage on a public right-of-way or sewer easement line will be charged for the minimum assumed lot size and sewer service will only be provided to the edge of the right-of-way.

(3) All properties receiving the benefits of the Financial Assistance Program will be charged a line charge not less than the current rate at the time of payment for one house branch;

(4) For purposes of calculating line charges, the street or easement line shall be considered as continuing 100 feet beyond the end of the sewer or beyond where the sewer turns away from the property. Once the sewer construction is completed, properties that have been charged for line charges outside of the 100 foot area will be eligible for a rebate or credit of the excess charges;

(5) For properties situated such that gravity service cannot be provided, Chargeable Area shall be calculated in accordance with this subsection and the property owner may request reimbursement at the time the gravity determination is made. The reimbursement shall be based on the difference between the cost of connection if gravity service is provided and the additional connection cost to provide service without full gravity sewer service. This reimbursement shall not exceed 50% of the A Chargeable Area cost if first floor gravity service is provided, or 75% of the total A Chargeable Area cost if no gravity service is provided. A person aggrieved by the determination of the reimbursement may appeal the determination in writing to the Citizens Sewer Advisory Board (CSAB).

(6) Any property owner aggrieved by the calculation of the A Chargeable Area of their property may appeal in writing to the Citizens Sewer Advisory Board (CSAB). After reviewing the appeal, the CSAB will make a recommendation to the Administrator for the disposition of the appeal.

(7) These methods of A Chargeable Area calculations will apply to all Mid County Sewer Project properties with sewers constructed as Capital Improvement Projects after May 1, 1992.

6. Sewer Improvement Assistance Program shall mean the financial assistance provided to owners of eligible property as provided in subsection E of this section.

7. Large Lot Deferral Program shall mean the financial assistance provided to owners of eligible property as provided in subsection F of this section.

8. Credit for Sub-surface Sewerage Disposal Systems shall mean the financial assistance provided to owners of eligible property as provided by subsection G of this section.

C. Applicability and Limitations. The provisions of this section apply to local sewer special charges required by PCC 17.36.020 C, and calculated as set forth in this section. Financial assistance described in this section is limited to owners of eligible property located within the affected area. Nothing in this section shall impair the City’s ability to lien benefitted properties to secure compliance with a connection order or to secure financing agreements to pay charges in installments.

D. Authorities and Responsibilities. The following City bureaus and agencies shall be authorized and responsible for implementing the provisions of this section:

1. Bureau of Environmental Services will be responsible for the collection of charges, administration of the large lot deferral program and collection of adequate revenue to finance the program consistent with “cost of service” rate-making methodology as required by State statute.

2. Office of the City Auditor will assist the Bureau of Environmental Services in administering the large lot deferral program, and will be responsible for the City’s installment payment program.

3. Office of Finance and Administration will provide fiscal guidance in maintaining the fiscal integrity of the Bureau of Environmental Services and implementing the City’s Urban Services Policy.

4. Office of the City Attorney will provide legal guidance to the Bureau of Environmental Services and the Office of the City Auditor.

E. Sewer Improvement Assistance Program. The City shall provide financial assistance to owners of eligible property for the cost of providing sewer local improvements within the affected area. The following procedure shall be used to provide financial assistance:

1. If the owner of an eligible property pays in full or applies for financing to pay in installments local sewer special charges on or before January 8, 1993, the City shall provide a credit for the local sewer special charge in an amount which when deducted from the special charge shall result in a net cost to the eligible property owner no greater than $.50 per square foot of chargeable area. If the local sewer special charge is less than $.50 per square foot of chargeable area, no credit shall apply.

2. If the owner of an eligible property pays in full or applies for financing to pay in installments the local sewer special charge after January 8, 1993, and on or before June 30, 1993, the City shall provide an credit for the local sewer special charge in an amount which when deducted from the special charge shall result in a net cost to the eligible property owner no greater than $.515 per square foot of chargeable area. If the local sewer special charge is less than $.515 per square foot of chargeable area, no credit shall apply.

3. If the owner of an eligible property pays in full or applies for financing to pay in installments the local sewer special charge after January 8, 1993, and on or before December 31, 1993, the City shall provide an credit for the local sewer special charge in an amount which when deducted from the special charge shall result in a net cost to the eligible property owner no greater than $.53 per square foot of chargeable area. If the local sewer special charge is less than $.53 per square foot of chargeable area, no credit shall apply.

4. If the owner of an eligible property pays in full or applies for financing to pay in installments the local sewer special charge after December 31, 1993, the City shall compute the local sewer special charge as provided in PCC 17.36.020.

5. If the owner of eligible property applies for financing to pay in installments a local sewer special charge as provided by this sub-section, the resulting loan shall be subject to the same conditions as set forth in PCC Chapters 5.30 and 17.12.

F. Large Lot Deferral Program. The City shall provide financial assistance to owners of eligible property who have a chargeable area in excess of 7,000 square feet, and who pay in full or apply for financing to pay in installments local sewer special charges prior to December 31, 1993. The following procedure shall be used to provide financial assistance:

1. For the first 7,000 square feet of chargeable area, the owner of eligible property shall pay in full or apply for financing to pay in installments the local sewer special charge as calculated by the City under subsection E of this section.

2. For the chargeable area in excess of 7,000 square feet, the owner of eligible property may pay in full, apply for financing to pay in installments, or apply for financial assistance to defer the local sewer special charge as calculated by the City under subsection E of this section.

3. The City shall charge simple interest on deferral loans established under this subsection. Simple interest shall be charged from the loan origination date to the date of payment at an annual interest rate of 5%.

4. The City may charge a loan origination fee to defray the actual costs of administering a large lot deferral loan.

5. The deferral loan shall become due and payable in full when title to the eligible property is transferred upon sale, death, or other event, upon application for a building permit to further develop the property. The City shall record a lien on the property in the Docket of City Liens, and record a deed restriction with the appropriate county recorder’s office to prevent the issuance of any development permits or the approval of any land use applications in connection with the eligible property until the deferral loan is paid in full or financed as provided in 17.36.022(F)(6).

6. When the deferral loan is due, the owner of eligible property may request a waiver of the requirements set forth in subsection 17.36.022(F)(5), and apply to pay in installments the deferral amount, plus all interest and costs, as provided for other local sewer special charges. The application shall be reviewed, and accepted or denied by the City Auditor. The City Auditor shall adopt administrative procedures for reviewing waiver applications. The decisions of the City Auditor are final.

7. If the owner of eligible property applies for financing to pay a special charge in installments, the resulting loan shall be subject to the conditions as set forth in PCC Chapters 5.30 and 17.12.

G. Credit for Sub-surface Sewerage Disposal Systems. The City shall provide a $500 credit for sub-surface sewerage disposal systems to owners of eligible property who pay in full or apply for financing to pay in installments local sewer special charges described in subsection E of this section on or before December 31, 1993. The credit shall be made in recognition of the investment that such property owners have made in sub-surface sewerage disposal systems. The City shall apply the credit to the local sewer special charges described in sub-section E of this section. If no prior investment in a sub-surface sewerage disposal system has been made, no credit shall apply.

H. Credit for Connection Fees. The current sewer connection fee of $965.00 per Equivalent Dwelling Unit will increase to $1005.00 on July 1, 1992. The City shall provide a $40.00 credit for sewer connection fees to owners of eligible property who pay in full or apply for financing to pay in installments local sewer special charges described in subsection E of this section between July 1, 1992 and January 8, 1993. The City shall apply the credit to the local sewer special charges described in sub-section E of this section. If the owner of eligible property pays in full or applies for financing to pay in installments local sewer special charges after January 8, 1993, the connection fee shall be computed as described in 17.36.020 B and no credit shall apply.

I. Collection. The City shall secure all obligations of benefitted property established by this section as follows:

1. If a property fails to remain eligible as defined by this Section due to violation of the mandatory connection requirement; financial benefits provided under this Section will be revoked upon the effective date of an order of the Code Hearings Officer. In this event the City shall assess the benefitted property for the amount of the financial assistance paid or extended by the City.

2. If a property is in default of any financial obligation established by this section, or has a local sewer special charge which is more than one(1) year past due, the City shall revoke all financial benefits provided under this section, and assess the benefitted property for the amount of financial assistance paid or extended by the City.

3. All unpaid and deferred local sewer special charges, interest, penalties and collections costs shall be recorded in the Docket of City Liens and shall be a lien against benefitted property. The lien may be foreclosed upon as provided by City Code and State law.

4. The City may add penalties, interest and collections costs to delinquent payments, as set forth in PCC Chapters 5.30 and 5.31. The amounts shall be determined by ordinance and are subject to change by City Council.

J. Owners of property meeting the eligibility criteria contained in the stipulated judgment approved by the U.S. District Court of the District of Oregon in the case of Hussey et al. v. City of Portland, Civil No. 92-1302 FR, may apply for and receive financial assistance pursuant to the terms and conditions contained in said stipulated judgment.

(Substituted by Ordinance No. 172289, effective June 19, 1998.) The stormwater system development charge is a fee or charge for new construction or increased use of stormwater drainage facilities by a property within the City. The methodology for calculating the stormwater system development charge shall be as set forth in the document Sanitary and Stormwater System Development Charge Methodology, dated April 30, 1998 and adopted as Exhibit A to Ordinance No. 172289.

A. Definitions. For purposes of this section, the following definitions shall be used:

1. “Reimbursable City stormwater facilities” means stormwater facilities constructed with sewer ratepayer funds.

2. “Frontage” means the length of public right of way adjacent to a property, measured in feet.

3. “Net new impervious area” means the greater of zero and the difference between existing impervious area on a property and impervious area under the proposed use(s) of the property.

4. “Net new vehicular trips” means the greater of zero and the difference between vehicular trips generated by existing use(s) of the property and vehicular trips generated by the proposed use(s) of the property.

5. “Transportation SDC Study” means the methodology report entitled Transportation System Development Charges Rate Study, dated June 11, 1997 adopted as Exhibit A to Ordinance No. 171301, or as amended.

6. “ITE Manual” means the manual entitled “An Institute of Transportation Engineers Informational Report - Trip Generation” Fifth Edition (1991) or as amended.

B. The stormwater system development charge will consist of two parts: an on-site charge, reflecting use of public facilities handling stormwater flows from individual properties; and an off-site charge, reflecting use of system facilities handling stormwater flows from rights of way.

1. The on-site charge shall be calculated by multiplying the net new impervious area by the rate per thousand square feet of impervious area as shown in Figure 5.

2. The off-site charge will be calculated in two parts: local access, and use of arterial streets.

a. The local access portion of the off-site charge shall be calculated by multiplying the length of the property’s frontage by the frontage rate per foot as shown in Figure 5. For properties on which there is existing development, and for which a stormwater system development charge has previously been paid, the local access portion will be assumed to have been paid.

b. The arterials portion of the off-site charge shall be calculated by multiplying net new vehicular trips by the rate per vehicular trip as shown in Figure 5. Vehicular trips for a particular development shall be determined by the Transportation SDC Study, the ITE Manual, or an alternative study acceptable to the Bureau of Transportation for purposes of the transportation system development charge.

C. Credits. Credits will be granted against the on-site portion of the stormwater system development charge in one of the following two cases:

1. Credits of up to 100% of the on-site portion of the stormwater system development charge will be granted for areas draining, either in whole or in part, directly to the Willamette or Columbia Rivers, or to the Columbia Slough, provided that the discharge for which the credit is sought does not pass through reimbursable City stormwater facilities, and that the discharge meets all applicable water quality standards. Those applying for this credit must provide adequate documentation to demonstrate that the stormwater for which the credit is being sought flows from the site to those receiving bodies without passing through reimbursable City stormwater facilities. Development using stormwater facilities built under a public works permit, which convey stormwater runoff directly to one of the receiving bodies listed above without passing through other City stormwater facilities, shall be eligible for the up to 100% credit against the on-site charge.

2. An 80% credit will be granted for facilities providing 1000 cubic feet per acre of effective on-site retention capacity in addition to the on-site facilities required to meet development standards. Those applying for this credit must provide adequate documentation to demonstrate this additional retention capacity, and that on-site flows are directed to these facilities. Facilities providing for intermediate additional retention capacity will receive partial credits depending upon the additional detention provided.

3. No credits will be granted against the off-site portion of the stormwater system development charge.

D. The stormwater development charge shall be collected upon issuance of a building or connection permit. If desired, the applicant may pay these charges directly to the Bureau of Environmental Services after applying for, but before receiving a building permit. However, when the new building takes the place of a structure or impervious area that has existed in the last 7 years, or does not add more than 500 square feet, or is a temporary structure, no development charge shall apply. However, development charges, including penalties and interest charges, shall become due and payable from structures that originally were exempted from development charges as a temporary structure but are not removed within 3 years as provided in the definition of temporary structures. Temporary structures are not exempt from paying draining service charges.

E. The City will notify Portland Habilitation Center, the Columbia Corridor Association, and other persons requesting notification under this Section of any proposed changes or amendments to:

1. the City’s stormwater system development charge, including any amendments to transportation-related system development charges that relate to the handling of stormwater;

2. the methodology supporting the City’s stormwater system development charge, including any amendments to transportation-related system development charges that relate to the handling of stormwater; and

3. the methodology used to calculate the rate for any services provided by the City concerning stormwater.

For purposes of this Section, notice must be accomplished by mailing written notice to persons on the interested parties list at least 45 days before the first hearing to adopt or amend charges and rates, and the methodology supporting the adoption or amendment shall be available at least 30 days before the first hearing to adopt or amend. The Director will maintain a list of parties requesting notification. Inclusion on this list will require a written request to the Bureau.

F. Persons having paid stormwater system development charges between April 9, 1997 and June 30, 1998 may request to have those charges recalculated using the methodology described in this Section. If the recalculated charge is lower, the difference will be refunded. This option will be available through December 31, 1998.

(Amended by Ordinance No. 1666574 May 27, 1993.) The Director shall have authority to enter into sewage service agreements for and on behalf of the City with any sanitary or sewage district or governmental agency authorized to contract on behalf of property outside the City but within the district or agency, and to provide for payments to the City by the districts or agency, instead of payments by individual property owners or occupants. Bonds or other securities may be waived by the Director in agreements provided for in this Section. All other provisions of this Title applicable to sewer connections or sewer use or to agreements with individual property owners shall remain in full force and effect.

A. Establishing reduced charges or credit for water not subject to sewer user charges. Prior to any use of water that may be subject to reduced or special charges, and prior to installation of any meter for the purpose of obtaining reduced sewer charges, the owner shall submit a request for approval by the Director. A request for such credit shall include a mechanical plan showing the proposed meter location, access route to the meter, the water supply or source, the cooling or other water using equipment, and the discharge point. At no time shall a reduced charge or credit be given retroactively (prior to the date of approval); no reduced sewer rate or charge shall be given until the Director has approved the request and the plans and installation. Any meter or method used for calculation of a reduced rate or credit, shall be subject to the administrative or special meter charge for each such meter or method as given in Figure 3, at the end of Title 17. All meters used to obtain a reduced sewer user charge shall conform to the provisions of Section 17.36.050.

1. Clean water charges. When uncontaminated water such as that used for refrigerating or cooling purposes or condensed from steam, and put to no other use, is discharged to a public sewer under City control, the volume rate used shall be a clean volume rate as shown in Figure 3 at the end of Title 17, after approval by the Director. When the cooling or refrigeration water is not from a separate metered supply, the owner or other person in control of the premises, after approval by the Director, shall install meters or provide other Bureau acceptable means of determining the quantity of water so used.

2. Water not subject to sewer charges. When water is used in a manufactured product such as ice, canned goods or beverages; or for water lost by evaporation or used in irrigation, such water shall not be subject to sewer user charges, after a request for such credit is approved by the Director. After approval by the Director, the owner or other person in control of the premises, shall install meters or provide other Bureau acceptable means of determining the quantity of water so used.

B. Failure to repair a defective meter within 30 days after notice by the City that the meter is defective revokes the applicability of Paragraphs 1 and 2 of Subsection A above, and a sewer user charge at the regular rate shall be paid on the full amount of water passing through the supply meter during these 30 days, and the regular sewer rate shall continue in effect until such time as the owner or person in charge of the premises formally notifies the Director that the meter has been repaired. Failure to report quantities of water subject to reduced charge or credit for two consecutive months revokes the applicability of Paragraphs 1 and 2 of Subsection A above, and a sewer user charge at the regular rate shall be paid on the full amount of water passing through the supply meter during these 60 days, and the regular sewer rate shall continue in effect until such time as the owner or person in charge of the premises formally notifies the Director that the reports shall continue. At no time shall a reduced charge or credit be allowed retroactively, or for a period in which no reports were submitted.

C. Meters required. Where private meters are used to determine the amount of water reaching the sewer, the owner or person in charge of the premises shall give City employees the right of access at all reasonable times for the purpose of reading, inspecting or testing the meter or device. The owner is responsible for purchasing, installing and maintaining the private meter and shall conform to all provisions in this Title. Failure of the owner, his lessee, or others acting under him to maintain the meter in good working order constitutes a violation of this Chapter and during the period of the meter’s non-operation and pending the proper repair and reinstallation of the meter, the account may be billed on the basis of three times the normal water usage or in such an amount as deemed proper by the Director.

1. In cases where water is supplied solely from a private source or sources such as wells, springs, rivers or creeks, or forms a partial supply in addition to that furnished by the water system of the City, the private supply must be metered and any meters so used shall conform to the provisions of Section 17.36.050. Residential properties may elect to be billed based on the characteristics of this class of customer as determined by the Director.

2. Discharge meters. Where there are several water supplies or various uses of water that would be eligible for credit under the various Sections of this Chapter, upon approval of the Director a discharge meter may be installed in lieu of several submeters.

D. Estimating wastewater discharges. Sewer user service charges as provided in this Chapter shall be applicable to all wastewater discharges to the City sewer system regardless of the source. In unusual circumstances where the waste water is not from a fixed location, such as ships, barges, houseboats and other movable facilities or dwelling units, a method of determining the volume provided by the user shall be used if approved by the Director. Otherwise, the Director shall estimate the volume of water to which sewer user service charges shall apply and this determination shall be final. The rate of charge shall be the same as though the water originated from a local, public or private source.

E. Where sewer charges listed in Figure 3 are inappropriate for the service provided, the Director may establish the appropriate charges based on the unit costs developed in the most recent rate study. The new charge so established shall be filed with the Council Clerk and may be reviewed by the Council on the motion of any member of the Council.

A. Meters that are used under the provisions of this Chapter shall conform to the conditions hereinafter set forth. Any meters so used shall have the approval of the Director as to type, size and location before installation. All meters shall register in cubic feet.

B. Meters installed on water systems supplied from private or public sources and used to measure cooling, irrigation, evaporation or product water for the purpose of obtaining reduced sewer charges, shall be connected in such a manner as to register only that portion of the water supply used for that purpose, and not used for sanitary purposes.

C. Meters placed below the ground or pavement surface shall have the top of the meter not more than 8 inches below the surface and shall be enclosed in a standard water meter box and cover as used by the Bureau of Water Works of the City. Meters located above the ground or floor level shall not be more than 3-1/2 feet above the ground or floor level.

D. All meters shall be located in an area that is accessible at all times; the meter shall be so located that no locked door or gate shall be encountered by a City employee when inspecting the meter. No meter shall be located adjacent to dangerous machinery or structural hazard; the extent of such hazards shall be determined by the Director.

A. Industrial waste discharged to a City sewer, either directly or indirectly, is subject to the extra-strength sewage charge if it has a biochemical oxygen demand in excess of 300 milligrams per liter or a suspended solids concentration in excess of 350 milligrams per liter. The Director may establish levels of other pollutants which are to be subject to extra-strength charges, and for the period until the next rate study, the rates to be charged for exceeding those levels. Payment of the extra-strength sewage charge does not relieve the discharger of responsibility for all other applicable provisions of Chapter 17.34 Industrial Waste Discharges.

1. Concentration. The concentration of each pollutant in excess of the limits specified in Subsection 17.36.060 A, above shall be used to determine the extra-strength sewage charge rate (in dollars per 100 cubic feet) for the period throughout the time interval between sample periods. The concentration shall be the average value of daily composite samples taken over a period of 5 days, except when another period is specified by the Director. Samples shall be taken at an approved sampling manhole or other location determined by the Director to be suitable so that samples will be representative. The rate of charge for each pollutant is as given in Figure 3 at the end of Title 17.

2. Volume. The volume used to bill the extra-strength charge shall be the total metered water supply to the premises. However, where the industrial waste is discharged separately from domestic sanitary wastes or cooling waters, and the industrial user provides a meter or other acceptable method of determining the quantity of water not subject to the extra-strength sewage charge, then an appropriate allowance for such other uses shall be made. If domestic sewage is not included in the measurement of the extra-strength concentration, and is not metered separately, an allowance of 25 gallons per employee per day shall be deducted from the water usage subject to extra-strength charges.

C. Other charge computations. If unusual effluent conditions make calculation by the composite method difficult or impossible, another method of sampling and computation acceptable to the Director and based on the rates in Figure 3 may be implemented.

D. Billing. Extra-strength sewage charges shall be either included with the Water Bureau’s periodic water-sewer bills or shall be billed separately by the City Auditor. Extra-strength charges shall be enforceable and collectable in the same manner as water and sewer charges. In addition, if such charges are not paid within 90 days from and after billing, such nonpayment shall be cause for termination of water and/or sewer services.

E. Minimal charges; suspension. The Director may establish a minimum limit for periodic extra-strength charges. The billing for all accounts whose periodic extra-strength charges are below this minimum limit will be suspended until such time as they are found to be higher.

F. Adjustments. The Director may sample sewage strength as outlined in this Section and adjust charges where applicable at any time in accordance with the most recent analysis.

G. Resampling requests; fees. Any discharger may request the City to resample wastewater at no charge if 18 months or more have elapsed since that last such sampling. If less than 18 months have elapsed since the last sampling, then requests for the City to resample wastes shall be submitted in writing and shall be accompanied by full payment for the resampling fee. The fee to each account for 5 days of sampling is $750 per sampling point. The fee for 1 day’s resampling is $150 per sampling point. A 5-day sampling is required for re-evaluation of the extra-strength rate.

(Added by Ordinance No. 172288, effective June 19, 1998.) Building plan review fees. The fees for the review of building plans by Bureau of Environmental Services staff for compliance with requirements for sewage disposal, stormwater management, and for determining routes of service are as shown in Figure 8. Fees shall be paid at the time the plans are submitted for review to the Bureau of Buildings.

In cases where City water bills apply, the sewer user service charges provided in this Chapter shall be computed monthly, bimonthly, or quarterly, at the same time as the water bills and added thereto; or otherwise, as may be authorized by the Council. When billed with the water bill, sewer charges shall be due and payable on the dates and at the places provided for the payment of water bills. Where the first water bill, after sewer user service charges become effective, is computed as of a date less than one billing period after the sewer user service charge has become effective, the sewer user service charge shall be prorated according to the portion of the billing period for which it was effective.

No sewer user service charge shall be added to a water bill rendered less than 1 month after the sewer user service charge has become effective, but in such cases the sewer user service charge shall be added to the next water bill rendered thereafter.

In cases where a change of ownership or occupancy of premises occurs, billing of the sewer user service charge may be made along with the billing of the water charge on a fractional month basis, except in cases where actual readings shall be followed for the sewer user charge.

It is unlawful to so install, change, bypass, adjust, or alter any metering device or any piping arrangement connected therewith as to show the quantity of water reaching the public sewer under City control to be less than actual quantity.

Each City employee going upon private premises for the purpose of reading, inspecting, or testing any metering device installed under the provisions of this Title, shall wear, in a conspicuous place, upon the exterior of his or her clothing a readily discernible badge identifying the employee as a sewer user service inspector.

Each of the employees of the Bureau of Water Works, when acting as a sewer user service inspector, shall also carry credentials from said Bureau, which he or she shall show upon demand of any owner or person in charge of the premises entered.

(Amended by Ordinance Nos. 165622, 166574, 166745, 166827, 167147 and 167287, effective Jan. 19, 1994.) When billed by the Bureau of Water Works, the sewer charge shall be a personal obligation of the customer and shall become due, and be collected monthly, bimonthly, or quarterly by the Bureau of Water Works coincident with the water charges. In cases where no water bill is rendered, said Bureau shall compute the sewer charges and bill them monthly, bimonthly, or quarterly. All bills shall be due and payable with the dates established for water bills in Section 21.16.020 of the Code of the City of Portland, Oregon. In cases where the payment designated for sewer services is less than the total of sanitary and stormwater drainage use fees due, payment shall be applied first to the stormwater drainage user fee, with any remaining portion then applied to the sanitary sewer user charge. Any bill for a sewer charge, whether included with the water bill or otherwise, shall be delinquent according to the schedule used for determining delinquent water charges as described in Portland City Code 21.16.030 and shall bear interest at the rate of 9 percent per year. The Bureau of Environmental Services may pursue all lawful remedies available against the customer for the payment of delinquent accounts; provided, however, that the Bureau of Environmental Services shall not utilize the procedures for collection set forth in ORS 454.225, or otherwise impose or cause to be imposed any lien against the property of a customer or any other person other than a judgement arising from an action filed against such delinquent customer by the City, or any assignee or purchaser of such delinquent account.

These lawful remedies available against the customer for the payment of delinquent sanitary sewer charges may include water shutoff, when the premises are furnished water by the Bureau of Water Works; pursuant to the procedures described in Portland City Code 21.16.030.

All charges for sewer service served directly by the Bureau of Environmental Services shall be chargeable to the user of said sewer service at that premises (or any former premises where sewer service was supplied). If the premises are not in use, all charges (not including charges incurred by a prior tenant other than the owner) shall be the responsibility of the owner. A property owner or his agent may become obligated for charges for furnishing such sewer service to the user by accepting responsibility for payment, or by agreement with the Bureau of Water Works, the billing agent for the Bureau of Environmental Services. Where a user or property owner has a delinquent bill for one premises, said delinquency shall be a charge against said user or property owner (for sewer service obtained) at any of his/her other premises serviced by the bureau of Water Works of the City of Portland.

The Director of the Bureau of Environmental Services, with approval of the Commissioner In Charge, may discontinue sewer service by disconnecting and plugging the sewer service line to properties whose delinquent sanitary sewer service account balance exceeds $10,000.00 for a period of 90 days or more. The sewer service customer and property owner shall be notified in writing of the City’s intent to disconnect the sewer not less than 30 days prior to disconnection. payment of the delinquent amount and all costs associated with disconnecting and reconnecting the sewer line must be received by the City before the property may be reconnected to the sewer. The delinquent amount, disconnection costs, and reconnection costs shall remain the responsibility of the sewer service customer. In the event a sewer service customer who is not the owner terminates their lease and moves from a disconnected property before reconnection has occurred, the City will reconnect the property and collect the cost as well as all delinquent amounts and disconnection costs from the sewer service customer who originally incurred the charges.

(Added by Ordinance No. 167287, effective Jan. 19, 1994.) An application, deposit, or both, for sewer service may be required from all new customers, customers shut off for nonpayment, or those customers with unsatisfactory credit moving within the Bureau’s jurisdiction. Unsatisfactory credit is defined as shut off for nonpayment of water or sewer charges within the past year. Failure to provide either the application, deposit, or both within the due date specified by the Bureau of Environmental Services or the Bureau of Water Works (the billing agent for the Bureau of Environmental Services) may result in discontinuance of service.

A. A record of sewer user service charges from and after the date of billing and entry on the ledger records shall be maintained by the Bureau of Water Works. The ledger records shall be made accessible for inspection by anyone interested in ascertaining the amount of the charges against the customer.

B. All monies collected under the authority of this Chapter shall be credited to the Sewer System Operating Fund and any refunds shall be made from said Fund.

The Bureau of Water Works, for its services, shall be paid the actual cost of the work and expense incurred in performing the services provided in this Chapter. The charges shall be subject to confirmation and direction of payment by the City Council.

(Amended by Ordinance Nos. 165654, 166574 and 170717, effective Dec. 13, 1996.) When the Bureau of Environmental Services determines that a customer has been overbilled for sewer user service charges, it shall verify the date on which the billing error first occurred and shall adjust the bill to correct the error starting from the date the error began. If the date the error began cannot be verified, then the adjustment shall be estimated by the Bureau of Environmental Services and shall not exceed three years. When the Bureau of Environmental Services determines that a customer has been underbilled for sewer user service charges, it shall verify the date on which the billing error first occurred and shall accrue the bill to correct the error starting from the date the error began, the date the current tenant became responsible for the bill, or three years, whichever is less. In no event shall an accrual be made for a period more than three years. If the date the error began cannot be verified, then the accrual shall be for six months usage. Adjustments and accruals shall be in the form of credits or additional charges. Credits shall be payable to, and charges shall be payable by, the customer of record during the time the error existed. If that customer no longer has a water/sewer account, a reasonable effort shall be made to contact the customer. Upon written request, the Bureau shall provide the customer with a written explanation detailing the circumstances of the error and the calculation of the adjustment. The Bureau of Water Works is authorized to make refunds of sewer user service charges collected in error, to persons who have paid the same, upon approval of the Administrator of said Bureau. The Mayor and the Auditor are authorized to draw a warrant monthly in favor of the Bureau of Water Works for amounts so refunded, the warrant to be drawn on and chargeable to the Sewer System Operating Fund. Sewer system customers who received a billing delay of more than six months, or received back billing due to an error for more than six months, shall be offered the opportunity to pay the balance due over a period not to exceed 24 months in equal monthly or quarterly installments with no interest penalty. The customers who received a billing delay of more than six months shall receive a discount of 20% against the amount owing for the period between receiving the first billing statement and the time their dwelling or business was connected to the sewer system; sewer system customers with back billing due to an error for more than six months shall receive a discount of 20% against the amount accrued due to the error.

(Amended by Ordinance Nos. 166574, 170717, and 171694, effective November 15, 1997.) If a property owner or owner’s agent does not agree that the calculation of the sewer connection charges was administered as set forth in Section 17.36.020 (Special Charges) and Section 17.36.025 (Stormwater Development Charge), he or she may appeal to the Director for an administrative review. The owner or owner’s agent shall file a written appeal to the director prior to payment or within 10 days of payment of the charge. Upon receipt of the statement, the Bureau of Environmental Services shall schedule the matter for review by the Director or his or her designated representative. The owner or owner’s agent shall be given an opportunity to present evidence to the Bureau in the course of the review. The owner or owner’s agent shall receive a decision in writing within 10 days of the receipt of appeal request. A person aggrieved by any decision or determination of the administrative review process may appeal the decision to the Code Hearings Officer as provided in Chapter 22.10 of the Code of the City. A request for an appeal hearing shall be filed within 10 days after the date of the written decision of the Director. The Code Hearings Officer may waive this requirement for good cause shown. The request for an appeal hearing shall be in writing and shall contain a copy the decision appealed from and a statement of grounds upon which it is contended that the decision is invalid, unauthorized, or otherwise improper, together with such other information as the Code Hearings Officer may by rule require. The Code Hearings Officer may specify and provide hearing request forms to be used by persons requesting hearings.

17.37.100 Withholding Services Provided by the Bureau of Environmental Services.

(Amended by Ordinance No. 170113, effective May 15, 1996.) The purpose of the downspout disconnection is to remove roof water from the combined sewer system in order to reduce the amount of combined sewer overflows which enter the Columbia Slough and Willamette River. Removing roof water from the combined sewer can reduce the cost of large conveyance, storage and treatment facilities needed to capture and treat combined sewage in order to meet the goals of the Amended Stipulation and Final Order with the Department of Environmental Quality. Flow removal goals, policies and options for disconnection will be determined by the Director depending on the location of the property within the CSO area.

(Amended by Ordinance No. 170113, effective May 15, 1996.) For the purpose of this Chapter, the following definitions shall apply:

A. Downspout. The conductor that conveys storm water from the gutter on the exterior of a building or other structure to another place of disposal.

B. Director. The Director of Environmental Services or his or her designated representative.

C. Owner. Each property’s owner of record according to County assessment and taxation records.

D. Disconnection area. Properties located within the boundaries of the combined sewer overflow area. The disconnection area is shown on the map attached as Figure 7.

E. Eligible property. Property located within the disconnection area that is either:

1. developed for uses covered by the “residential use” category in PCC chapter 33.920; or

2. is developed for uses covered by the “commercial use” category in PCC chapter 33.920 and is adjacent to streets containing new separated storm sewers or has site conditions would allow for safe and effective disconnection as determined by the Director.

F. Disconnection. Physically plugging the direct connection of a downspout to the combined sewer and disposing of the roof water on the property either on the surface of the property or under the ground. This may require rehanging gutters. For properties that have a branch constructed to the edge of the property line from a storm sewer, disconnection from the combined sewer is accomplished by direct connection through a private lateral to the storm sewer. For properties where surface or underground disposal of roof water is not feasible, disconnection may include a curb cut which carries the roof water to the street.

G. Combined Sewer. A sewer which carries both sanitary sewage and stormwater.

H. Workers Authorized By the Director. Includes, but is not limited to, City employees, neighborhood volunteers including members of non-profit organizations, members of federal community service programs, contractors hired by the City.

(Amended by Ordinance No. 170113, effective May 15, 1996.) A program is established to remove storm water connections to the combined sewer from existing roof drain systems having downspouts located on the exterior of eligible properties with direct connections to the property’s external sanitary sewer lateral. The existence of a direct connection will be determined by the City using methods including researching City Plumbing Records and verifying the information with site surveys of eligible properties.

A. Deadlines. The Downspout Disconnection Program shall pursue the objective of disconnecting downspouts directly connected to the combined sewer on eligible properties in the disconnection area and removing necessary amounts of stormwater from the combined sewer no later than the deadlines specified in the Amended Stipulation and Final Order:

1. December 1, 2000 for properties located in a sewer basin which drains to the Columbia Slough

2. December 1, 2001 for properties located in Sellwood, Fiske B, and St. Johns B basins which drain to the Willamette River

3. December 1, 2011 for properties located in remaining sewer basins which drain to the Willamette River.

These deadlines may be met sooner based upon the schedule for the projects in specific sewer basins.

B. Program Phases. The Director will determine appropriate phases and methods for implementing the Program in the disconnection area in order to meet the deadlines.

1. Within the disconnection area, the Director may establish voluntary target areas and encourage property owners in these areas to disconnect their downspouts. The Director will periodically compare program results to the flow removal goals and deadlines in the CSO Management Plan, Amended Stipulation and Final Order, and design memoranda for basin projects. If the Director concludes that a goal will not be met on schedule, the Director will establish a mandatory program in the appropriate area.

2. Within the disconnection area, the Director may establish mandatory target areas and require property owners in such areas to disconnect their downspouts. The decision to establish mandatory disconnection areas shall be based on consideration of the following factors:

a. amount of stormwater flow which must be diverted according to the CSO Management Plan, Amended Stipulation and Final Order and project design memoranda,

c. feasibility of implementing programs which represent a significant dollar savings over other alternate plans to reduce CSOs,

d. ability to reduce costs of conveyance to other parts of the sewer system for treatment where sewer basins are in remote areas at the end of interceptors making capture and conveyance of CSOs costly,

e. differing soil and geographic conditions affecting water percolation into the soil and groundwater,

f. importance of severely reducing or eliminating CSOs in sensitive areas such as City parks,

g. the sizes of major conveyance and storage facilities which are designed dependent upon a certain rate of stormwater removed from the combined sewer system.

The Director will prepare written findings describing the reasons for establishing each mandatory program area. The findings will be filed with the Council Clerk and shall be reviewed by the Council upon the request of any member of the Council.

3. Owners of eligible property located in mandatory program areas are required to disconnect their downspouts within one year following written notice from the City. For purposes of this section, notice shall be deemed to have been received upon the mailing of said notice by first class mail or upon delivery of the notice in person.

C. Exceptions. The Director may decline to disconnect a connected downspout, and may exempt downspouts from mandatory disconnection requirements, upon his or her determination that the disconnection would not meet the guidelines for safe disconnection, is not prudent or is not feasible. This includes situations where disconnection could result in possible damage to the property or adjoining properties, create a possible nuisance to the property or involve excessive cost. Procedures for processing exceptions will be developed by the Bureau of Environmental Services.

D. Access to Eligible Property. For the purpose of administering this code chapter, the Director or other workers authorized by the Director may, upon production of proper identification, enter upon the land or premises of eligible property. The purpose of such entry is to survey a downspout to determine whether it is connected, to provide technical assistance regarding proper disconnection, to disconnect downspouts or to inspect downspouts which have been disconnected. Prior to surveying downspouts, workers shall either contact a competent resident of the property and obtain consent to the survey or, if consent cannot be obtained, shall obtain an administrative search warrant.

E. Partnerships With Non-Profit Community Organizations. The Director is authorized to establish partnerships with neighborhood based non-profit groups that serve the Downspout Disconnection Program target area. Such groups may include, but are not limited to, neighborhood associations and other association organizations such as neighborhood watch groups, neighborhood emergency response teams, community development corporations (CDCs), church groups, youth groups. Such partnerships will provide downspout disconnection services for owners who desire assistance with the disconnection work.

17.37.040 Disconnection Procedures in Voluntary and Mandatory Program Areas.

(Amended by Ordinance No. 170113, effective May 15, 1996.) All downspouts that are disconnected from the combined sewer through this program shall conform to the disconnection methods or systems approved by the Director. Downspouts may be disconnected with roof water disposed on the surface of the property, underground, through a curb cut or through a private lateral which directly connects the property to the new storm sewer.

A. Guidelines for safe disconnection to the surface of the property shall be included in the BES Design Manual or in the Bureau of Buildings Program Guide to Procedures and Requirements.

B. Guidelines for safe disconnection to an underground disposal system shall be included in the Oregon Plumbing Specialty Code or in the Bureau of Buildings Program Guide to Procedures and Requirements.

C. Guidelines for safe disconnection to a curb cut or private lateral shall be included in the Standard City Construction Specifications.

In voluntary program areas, the Director will, on request from an owner, provide technical assistance to determine the appropriate method of disconnection for any downspout. In mandatory program areas, the Director will provide technical assistance to determine the appropriate plan for each downspout at each property.

17.37.050 Disconnection Reimbursement in Voluntary and Mandatory Program Areas.

(Amended by Ordinance No. 170113, effective May 15, 1996.) Disconnection reimbursement will be paid in the following manner:

A. Disconnection reimbursement will be made for the least expensive method of disconnection that will be effective, as determined by the Director. Reimbursements will not be processed until the new disposal system has been inspected and approved. Owners will not be reimbursed for downspouts disconnected prior to receiving official notification from the Downspout Disconnection Program that they are eligible for downspout disconnection reimbursement. Reimbursement will only be provided within the target areas identified in section 17.37.030 B.1. and 2.

1. Owners who complete the disconnection work themselves or use their own contractor and receive a satisfactory inspection will be compensated according to the following unit costs per downspout:

Owners who receive free supplies from the City for their disconnection work will not receive the $25 amount for supplies.

2. When the Director believes that a surface system will provide safe and effective disconnection, owners who wish to install an underground system or curb cut which is more costly must pay the difference between the reimbursement in subsection B.1. above and the cost of their preferred system.

3. Nonprofit community organizations authorized by the Director to do disconnection work for owners who request assistance will be reimbursed according to the unit costs per downspout in 17.37.050 B.1. Groups who receive free supplies from the City for their disconnection work will not receive the $25 amount for supplies.

4. Owners whose downspouts are satisfactorily disconnected by other workers authorized by the Director and at no charge to the owner will receive no reimbursement.

C. Downspout disconnection requiring rehanging gutters or underground systems will be reimbursed as follows:

1. Lowest of three bids from qualified contractors of owners choice, submitted to City for approval prior to the work being performed. Reimbursement will include restoring all planted areas disturbed during construction to a condition equal to what existed prior to construction and any required permit fees, labor and materials needed to complete the work in place.

2. Owner may authorize the City to complete the disconnection work, including site restoration, using authorized workers at no charge to the owner and the owner will receive no reimbursement.

D. Downspout disconnection to a curb cut or private lateral which connects to a branch leading to new storm sewer will be reimbursed as follows:

2. Owner may authorize the City to complete the disconnection work, including site restoration, using authorized workers at no charge to the owner and the owner will receive no reimbursement.

E. The Director is authorized to make reimbursement payments to property owners from funds within the Sewer System Operating Fund.

F. The property owner shall own the new disposal system and be responsible for ensuring that the new system is not removed and is properly maintained and operated. Homeowners are prohibited from reconnecting to the combined sewer unless the City determines that the disconnection poses a threat to health, safety or property.

A. Any property whose downspouts have not been granted an exception and remain connected to the combined sewer system in violation of 17.37.030 B.3 is hereby declared a nuisance and subject to abatement or correction as provided for in Section 17.37.080. Whenever the Director believes such a nuisance exists, a notice shall be posted on the property directing that the nuisance be abated or corrected. The notice shall be substantially in the following form:

1. You are hereby notified that this property is declared a public nuisance because the downspouts have not been disconnected from the combined sewer as required by Portland City Code Section 17.37.030 B.3.

2. You are required to disconnect the downspouts connected to the combined sewer within 30 days of the posting date of this notice as set out above.

3. In the even of your failure to disconnect the downspouts within that time, the City may thereafter do any of the following: disconnect the downspouts from the combined sewer system, take such other necessary action(s) as will abate the nuisance.

4. In the event the City does take action to correct the nuisance, an administrative fee may be charged against the property and made a lien thereon.

5. If you have questions concerning this notice and your rights concerning an administrative review of the City’s intended actions, you should contact:

B. 1. Within 5 days of the posting of the notice described above, the Director shall mail a copy of the notice, postage prepaid, to the owner of the real property as it appeared on the last equalized assessment of the tax roll in the County where the property is located or such other address as the Director believes will give the owner actual notice of the nuisance notice.

2. An error in the name of the owner or agent or use of a name other than that of the true owner or agent of the property shall not render the notice void, but in such cases the posted notice shall be deemed sufficient.

A. Within 30 days of the mailing of the notice referred to in Section 17.37.060, the owners or their authorized representative shall cause the nuisance to be abated or file a written statement with the Director setting out the facts why no nuisance exists along with a ten dollar ($10.00) filing fee.

B. Alleging merely that no nuisance exists, or allegations concerning the necessity or propriety of the Downspout Disconnection Program, the accuracy of state agency orders, or the City’s legislative determination of a nuisance shall not be sufficient to initiate administrative review.

Sometime prior to the time set for administrative review, the Director shall cause a review of the Bureau of Environmental Services’ records concerning the nuisance.

At the time set for the administrative review, the owner shall be allowed to present all relevant evidence tending to show that no nuisance exists.

C. An owner aggrieved by the determination of the administrative review may appeal the determination to the Code Hearings Officer as provided for in Chapter 22.10 of this Code.

A. If the nuisance described in the notice has not been removed or cause shown why the nuisance does not exist, the City may apply, consistent with the terms of Title 22, to the Code Hearings Officer for an order authorizing the City to remove or correct the nuisance.

B. 1. The City’s application to the Code Hearings Officer shall consist of an application together with a proposed form of order.

2. The application shall be in the form of an affidavit and shall state the following:

b. The name(s) and address(es) of the property owner(s) and/or legal title holder(s);

c. That a Notice to Remove Nuisance has been posted and mailed as provided in this Chapter, and that more than 30 days has elapsed since the posting and mailing or since the conclusion of any administrative review and/or appeal to the Code Hearings Officer pursuant to Section 17.37.070;

d. That the downspouts have not been disconnected from the combined sewer and that the property constitutes a nuisance; and

e. A statement of the action(s) the City is seeking authorization to undertake to remove the nuisance. Specifically, the City may seek authorization for any or all of the following:

(1) For the City, its agents, and employees, to enter onto the property and undertake such actions as may be required to disconnect the downspouts from the combined sewer system;

(2) For the City, its agents, and employees, to enter onto the property and undertake such other actions as may be necessary or appropriate to remove the nuisance;

(3) For the City to impose penalties and fines when other remedies listed above are not feasible or determined appropriate by the Code Hearings Officer pursuant to Chapter 22.

C. 1. A copy of the application, proposed order and a notification of a right to hearing shall be sent by regular mail and certified mail, return receipt requested, to the owner(s) of the property at the address listed in the affidavit; however, failure of an owner to receive actual notice of the application, proposed order, and right to a hearing will not affect any proceedings pursuant to this section.

a. A statement that the City has applied to the Code Hearings Officer for authorization to remove the nuisance;

b. A statement of the actions to remove the nuisance for which the City is seeking authorization;

d. A statement that if a request for hearing is not filed with the Office of the Code Hearings Officer within fifteen (15) days of the date of the mailing, the Code Hearings Officer will grant the City the authorization sought in the application and proposed order.

D. 1. If no request for hearing is received by the Office of the Code Hearings Officer within fifteen (15) days of the date of mailing, the Code Hearings Officer shall grant the authority requested in the City’s application and shall enter the proposed order as a final order of the Code Hearings Officer.

2. If a request for hearing is received by the Office of the Code Hearings Officer within fifteen (15) days of the date of mailing, the Code Hearings Officer shall schedule and hold a hearing pursuant to Chapter 22.10 on the City’s application. After hearing, the Code Hearings Officer may enter an order granting, modifying, or denying the City the authority requested in the proposed order. In addition to any order, the Code Hearings Officer may impose any additional penalties determined appropriate by the Code Hearings Officer pursuant to Chapter 22.

(Added by Ordinance No. 170113, effective May 15, 1996.) In the event that the City needs to enforce the terms of the Code Hearings Officer’s order referred to in Section 17.37.080, an administration fee of $300 for each occurrence shall be made a lien on the property in accordance with the provisions of Chapter 22.06.

17.37.100 Withholding Services Provided by the Bureau of Environmental Services.

(Added by Ordinance No. 170113, effective May 15, 1996.) Except as provided elsewhere in this Title or when the public welfare is endangered; the Bureau of Environmental Services may at its discretion withhold from the owner(s) (or the owner’s agent) of disconnection delinquent property as defined in Section 17.37.030, any service that is provided by the Bureau. This may include but is not limited to refusal to accept application for permits relating to development on property of the said owner(s) other than the disconnection delinquent property.

This withholding may continue until the disconnection delinquency no longer exists.

(Added by Ordinance No. 170113, effective May 15, 1996.) It shall be unlawful for any person to attempt to obstruct, impede, or interfere with any officer, employee, contractor, agent, or authorized representative of the City whenever such officer, employee, contractor, agent, or authorized representative of the City is engaged in the work of disconnecting downspouts from the combined sewer under the authority of an order of the Code Hearings Officer issued pursuant to subsection 17.37.080 C. above.

(Added by Ordinance No. 170113, effective May 15, 1996.) Neither the City nor any of its officers, employees, contractors, agents, or authorized representatives shall be liable for any damage to or loss of the real property of any improvements, emblements, or personal property thereon due to the enforcement or administration of this Chapter.

A. In addition to the remedies provided by any other provision of this Chapter, the City shall have the right to obtain, in any court of competent jurisdiction, a judgment against the person or property failing to disconnect from the combined sewer in accordance with the provisions of Section 17.37.030. In any such action, the measure of damages shall be the costs for abatement by the City, administrative costs, permit fees, overhead costs, penalties, and other charges as determined by the Director.

B. In addition to any other remedy provided in this Chapter, the City Attorney, acting in the name of the City, may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Chapter.

(Added by Ordinance No. 170113, effective May 15, 1996.) For the purposes of any noticing procedure as set forth by this Chapter, notice shall be deemed to have been received upon mailing of that notice. An error in the name of the owner or agent of the owner or the use of a name other than that of the true owner or agent for the property shall not render the notice void.

(Added by Ordinance No. 170113, effective May 15, 1996.) All City Bureaus shall, to the fullest extent consistent with their authority, carry out their programs in such a manner as to further the provisions of this Title, and shall cooperate to the fullest extent in enforcing the provisions of this Chapter.

(Added by Ordinance No. 170113, effective May 15, 1996.) If any provisions of this Chapter, or its application to any person or circumstances, is held to be invalid, the remainder of this Chapter, or the application of the provision to other persons or circumstances, shall not be affected.

(Added by Ordinance No. 170113, effective May 15, 1996.) The Director will prepare an annual report which includes a summary of the number of downspouts disconnected, costs, and any other information deemed pertinent by the Director.

17.38.060 Fill Mitigation In-lieu of Balanced Cut and Fill - the Johnson Creek Fill Mitigation Bank.

(Amended by Ordinance No. 165677, effective July 15, 1992.) The requirements of this Chapter shall be carried out by the Director of the Bureau of Environmental Services, except that for public works projects performed under the authority of a City bureau, the bureau responsible for the project shall retain responsibility for carrying out the provisions of 17.38.050. Nothing in this Section shall limit or preclude the bureaus from entering into agreements concerning the implementation or enforcement of erosion control measures.

The purpose of this Chapter is to manage storm drainage and to maintain or improve water quality in the Watercourses and Water Bodies within the City of Portland.

A. Director. The Director of the Bureau of Environmental Services, or the Director’s designee.

B. Land Development. Land Development refers to any human induced change to improved or unimproved real estate for which a permit is required, including but not limited to construction, installation or expansion of a building or other structure, land division, street construction, drilling, and site alteration such as that due to land surface mining, dredging, grading, paving, parking or storage improvements, excavation, filling or clearing.

C. Public Works Project. Public Works Project means any land development conducted or financed by a local, state, or federal governmental body and includes Local Improvements and Public Improvements as defined in Title 17, PUBLIC IMPROVEMENTS.

D. Water Body. Permanently or temporarily flooded lands which may lie below the deepwater boundary of wetlands. Water depth is such that water, and not the air, is the principal medium in which prevalent organisms live, whether or not they are attached to the bottom. The bottom may sometimes be considered nonsoil or the water may be too deep or otherwise unable to support emergent vegetation. Water bodies include swamps, streams, creeks, sloughs, drainageways, lakes, and ponds.

E. Watercourse. Watercourse means a channel in which a flow of water occurs, either continuously or intermittently, and if the latter with some degree of regularity. Watercourses may be either natural of artificial.

F. Water Quality Control Facility. Refers to any structure or drainageway or drainage device that is designed, constructed, and maintained to collect and filter, retain, or detain surface water runoff during and after a storm event for the purpose of maintaining or improving surface and ground water quality. It may also include, but not be limited to, existing features such as wetlands, water quality swales, and ponds which are maintained as stormwater quality control facilities.

G. Wetland. An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and similar areas. Specific wetland designations shall be made by the Corps of Engineers and the Division of State Lands.

(Amended by Ordinance No. 165677, effective July 15, 1992.) For new land development, no plat, site plan, building permit or public works project shall be approved in designated areas unless the conditions of the plat, permit or plan approval requires installation of permanent stormwater quality control facilities designed according to standards or guidelines established by the Director of the Bureau of Environmental Services. For new land development within the Tualatin River Basin, water quality control facility requirements must be consistent with OAR 340-41-455 (e) and as specified in the City of Portland’s “Surface Water Quality Facilities Technical Guidance Handbook”.

A. Designated Areas. Designated areas as referred to in this Chapter are: the Tualatin River Sub-basins located within the City of Portland; environmental zones; greenway zones, areas for which natural resource management plans have been adopted; and plan districts where water quality requirements are specified.

1. Land development for which an application for development approval is accepted by the permitting agency prior to July 1, 1990.

2. Single Family and Duplex residential structures including their appurtenances (sheds, driveways, etc.) occupying less than 5000 square feet of impervious lot area.

3. Sewer lines, water lines, utilities, or other land development when such developments will not directly increase non-point source pollution once construction has been completed.

4. Transportation facilities when such improvements will not directly increase non-point source pollution once construction has been completed (i.e., pavement overlays).

5. All Public Improvements subject to an Environmental Impact Statement (EIS) which includes provisions for Water Quality Control Facilities, where the EIS was accepted by the appropriate authorities prior to July 1, 1990.

6. For designated areas other than the Tualatin Basin, development determined by the Director to have no significant impact on water quality.

1. All new development, plats, site plans, building permits or public works projects, as a condition of approval, shall be required to submit an operation and maintenance plan for the required stormwater quality control facilities for review and approval by the Bureau of Environmental Services. The operation and maintenance plan requirement is waived for control facilities designed as part of a public works project and accepted by the Bureau of Environmental Services as city maintained public facilities. Any water quality control facility that receives stormwater runoff from a public right-of-way shall be a public facility.

a. The information required in the operation and maintenance plan shall include but not be limited to:

(3) A description of the maintenance practices necessary for the continued functioning of the facility.

(5) The intended method of providing financing to cover future operations and maintenance.

(6) The party or parties responsible for the maintenance of the facility including the means of effecting contact. The party may be an individual or an organization.

2. Failure to properly operate or maintain the water quality control facility according to the operation and maintenance plan may result in a civil penalty as specified in 17.38.040 D., Enforcement.

3. A copy of the operation and maintenance plan shall be filed with the Bureau of Environmental Services and recorded with the appropriate county Department of Assessment and Taxation.

1. Site Inspection. Authorized City representatives may inspect the Water Quality Control Facilities to determine compliance with this Chapter. The Control Facility owner shall allow and provide for free access for representatives of the Bureau of Environmental Services to enter upon the premises where the facility is located for the purpose of inspection.

a. The authorized City representative shall present appropriate credentials at the time of entry;

b. The purpose of the entry shall be for the purpose of inspection of the Water Quality Control Facility.

c. The entry shall be made at reasonable times during normal operating or business hours unless an emergency situation exists as determined by the Director.

E. Penalties. Violations of this Chapter may result in assessment of a civil penalty in an amount up to $500 per day per violation.

1. A violation of this Chapter shall have occurred when any requirement of this Chapter has not been met; when a written request of the Director, made under authority of this Chapter, is not met within the specified time; when a condition of a permit or contract issued under the authority of this Chapter is not met within the specified time, or when the facility through maintenance neglect or facility failure no longer operates as designed.

G. Notice of Violation. Upon determination by the Director that a violation has occurred or is occurring, the Director may issue a written notice of violation to the owner/operator which outlines the violation and the potential penalty. The notice may further request correction of the violation within a specified time and/or require written confirmation of the correction efforts being made to correct the violation by a specified date. The notice shall be personally delivered to the responsible party or be sent by first class mail.

H. Remedies. In enforcing any of the requirements of this Chapter, the Director, or a duly authorized representative, may gain compliance by:

1. Instituting an action before the Code Hearings Officer as set forth in Title 22 of this Code; or

2. Cause appropriate action to be instituted in a court of competent jurisdiction; or

3. Taking such other action as the Director, in the discretion of the Director, deems appropriate.

I. Nuisance. A violation of this Chapter shall constitute a nuisance. Summary abatement of such nuisances is authorized.

J. Cost recovery. The Director may recover all reasonable costs of summary abatement by the City or other actions necessary to bring about compliance with this Chapter. In the event that the City is required to enforce this Chapter through summary abatement, an accurate record of all expenses incurred, including an overhead charge of 26 percent, and an administration fee of $250 for each occurrence shall be kept and be made a lien on the property or properties in accordance with the provisions of Chapter 22.06.

K. Conflict. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this Chapter are hereby repealed to extent of such inconsistency or conflict.

L. Severability. If any provision, paragraph, or word of this Chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, and words shall not be affected and shall continue in full force and effect.

(Added by Ordinance No. 165677; amended by 168489, effective Feb. 8, 1995.) All public works projects constructed within the City of Portland must incorporate erosion control measures consistent with the “Erosion Prevention and Sediment Control Plans, Technical Guidance Handbook” (February, 1994) or most recent edition. For public works projects constructed within the boundaries of the Tualatin River Basin, the requirements of OAR 340-41-455 (3) (b) shall also apply.

17.38.060 Fill Mitigation In-lieu of Balanced Cut and Fill - the Johnson Creek Fill Mitigation Bank.

(Added by Ordinance No. 172641, effective August 26,1998.) All development within the Johnson Creek Flood Zones, according to City Code Section 24.50.060.G1a, are required to provide balanced cut and fill on-site. Per Subsection b of the same Section, properties within a specific area may elect to pay into the Johnson Creek Fill Mitigation Bank (JCFMB) in lieu of creating a balanced cut and fill. Single family residential lots recorded prior to May 13, 1998, the effective date of the Johnson Creek floodplain regulations related to balanced cut and fill, are eligible to use the JCFMB. Use of the JCFMB is allowed on sites where all, or a portion, of the cuts needed to balance filling is found to be impractical or impossible due to constraints of site size or configuration. The area of application for the JCFMB is indicated on Figure 9 of this Title, and is divided into two sub-areas, the Core Area and the Edge Area, each having a mitigation fee per cubic yard of fill not meeting the balanced cut and fill requirements of 24.50.060G1a. Those fees, and the maximum amount of unbalanced fill allowed on one property within each area, are shown in Figure 10 of this Title. The applicant proposing to use the JCFMB shall conspicuously post the development site with a notice as provided by the Bureau of Environmental Services. A posting of not less than 14 calendar days shall occur before a permit is issued. That notice shall indicate the applicant’s intent to use the JCFMB for the proposed development. No development shall proceed until all required mitigation fees specified under this chapter have been paid. Fees collected by the JCFMB shall be dedicated to projects that provide off-site flood and stormwater mitigation in the Johnson Creek Watershed.

It is the policy of the City of Portland to provide the planning, engineering and administration necessary to develop and manage stormwater sewer system facilities that are adequate for the transportation and discharge to receiving streams of stormwater runoff from within the City and to operate the storm sewer system in a manner which protects public health and the environment. In carrying out this policy, the objectives of this Chapter are:

A. To prevent pollutants from entering the separate storm sewer system which may reduce the water quality of the receiving stream or which may violate applicable water quality standards;

B. To locate and eliminate illegal connections to the storm sewer system and storm drains;

C. To improve the quality of the City’s stormwater discharge to the receiving stream;

E. To ensure that all dischargers to the City’s separated storm sewer system comply with local, state and federal laws and regulations and that sanctions for failure to comply are imposed.

It is the intent of the City to provide needed storm sewer service to all dischargers who are meeting the outlined objectives. This Chapter provides the structure under which the service will be provided for discharge of stormwater runoff so that the system and the receiving stream are protected and can continue to provide efficiently for the stormwater runoff needs for the City.

For purposes of Chapter 17.39, and adopted rules thereunder, the following terms shall have the following definitions:

A. “BOD”: The term biochemical oxygen demand or “BOD” shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter over a period of five days at a temperature of 20 degrees Celsius (as described in the American Public Health Association publication, Standard Methods for the Examination of Water and Wastewater, current edition, or other applicable references contained in 40 CFR 136 and amendments thereto).

B. “City of Portland”: City or City of Portland shall mean the municipality of Portland, Oregon, a municipal corporation of the State of Oregon, acting through the City Council or any Board, Committee, body, official or person to whom the Council shall have lawfully delegated the power to act for or on behalf of the City. Unless specifically designated in this Chapter or the rules adopted hereunder, whereon action by the City is explicitly required or implied herein, it shall be understood to mean action by the Director of Environmental Services of Portland, Oregon or his or her duly authorized representative or agent.

C. “Clean Water Act (CWA)”: The Clean Water Act is the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et. seq.).

D. “Director of Environmental Services”: The Director of Environmental Services is the Director of the Bureau of Environmental Services of the City of Portland, Oregon or his or her duly authorized representative.

E. “Discharge”: A discharge is any disposal, injection, dumping, spilling, pumping, emitting, emptying, leaching or placing of any material so that such material enters the sewer system.

F. “Discharger”: A discharger is any industrial or commercial entity that discharges stormwater to the City’s separate storm sewer system.

G. “Illicit Discharge”: An illicit discharge is any discharge to the City’s separate storm sewer system that is not composed entirely of stormwater except discharges of non-contact cooling water (pursuant to 17.34.030 (19)).

H. “Interference”: Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the normal operation of the City’s separate storm sewer system or causes a violation of any requirement of the City’s NPDES Stormwater Discharge Permit (including an increase in the magnitude or duration of a violation) or any increase in cost due to damage to the system or requirements for specialized treatment of stormwater caused by such a discharge.

I. “NPDES General Stormwater Discharge Permit (1200 series)”: An NPDES General Stormwater Discharge Permit is a permit issued by the Oregon Department of Environmental Quality authorizing a permittee to discharge stormwater to the public waters in accordance with limitations.

J. “Person”: Person shall mean any individual company, enterprise, partnership, corporation, association, government agency, society or group; and the singular term shall include the plural.

K. “Pollutant”: A pollutant is any substance discharged into the sewer system which is prohibited or limited by the provisions of Chapter 17.39 of the City Code or by the provisions of any rules adopted thereunder.

L. “Process Wastewater”: Process wastewater is any water used in an industrial or commercial process that, as a result of that process, contains pollutants. Such pollutants may be liquid, solid or gaseous substances or combinations thereof, resulting from or used in connection with any process of industrial manufacturing, commercial food processing, business, agriculture, trade or research including but not limited to the development, recovery or processing of natural resources and leachates from landfills and other disposal sites. Process wastewater shall also include discharges, spills or leaks from all coupling areas where connections are made between holding tanks and transport vehicles for dischargers with tank farms. Process wastewater shall not mean: 1) any water used as a cooling agent that does not come in contact with pollutants (non-contact cooling water) and 2) stormwater discharges covered by an NPDES General Stormwater Discharge Permit (1200 series).

M. “Reportable Quantities”: Reportable quantities means those quantities of hazardous substances listed in the Code of Federal Regulations, 40 CFR 117, Table 117.3.

N. “Separate Storm Sewer System”: A separate storm sewer system is a conveyance or system of conveyances (including roads with drainage ditches, humanmade channels or storm drains) which is;

1. Owned or operated by a city, county, district or other public body (created pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater or other wastes, including special districts under state law, such as a sewer district, flood control district or drainage district or similar entity that discharges to waters of the United States;

4. Not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2.

O. “Significant Materials”: The term significant materials includes but is not limited to: raw materials, fuels, materials such as solvents, detergents and plastic pellets; finished materials such as metallic products, raw materials used in food processing or production; hazardous substances designated under Section 101 (14) of CERCLA; any chemical the facility is required to report pursuant to Section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges.

P. “Stormwater”: The term stormwater shall mean water runoff, snowmelt runoff and surface runoff and drainage.

Q. “Toxic Chemical”: A toxic chemical is any chemical listed as toxic under Section 307(a)(1) of the Clean Water Act or Section 313 of Title III of SARA.

R. “Toxic Concentration”: A toxic concentration is a concentration that is lethal to aquatic life as measured by a significant difference in the lethal concentration between the control and 100 percent effluent in an acute bioassay.

S. “Total Suspended Solids”: Total suspended solids or TSS shall mean the total suspended matter that either floats on the surface or is in suspension in water or wastewater and that is removable by laboratory filtering (as described in Standard Methods for the Examination of Water and Wastewater, current edition, or other applicable references cited in 40 CFR 136, as published by the Federal Register and referred to as nonfilterable residue).

17.39.025 Authority of the Director of Environmental Services to Adopt Rules.

A. For purposes of the functions described in Charter section 11-303, the City Engineer may delegate his or her authority to perform those functions to the Director of Environmental Services (Director). This delegation may be accomplished by filing a written notice of delegation with the City Auditor and approval of the delegation by resolution of the City Council. Upon approval of the delegation by the City Council, the Director shall be responsible for performing the delegated functions, and the City Engineer shall not be responsible for supervising or approving actions of the Director of Environmental Services pursuant to the delegated authority. This delegation shall remain in effect until modified by resolution of the City Council.

B. The Director is hereby authorized to adopt rules, procedures and forms to implement the provisions of this Chapter.

1. Upon the recommendation of the Director of Environmental Services, the Bureau of Environmental Services may adopt rules pertaining to matters within the scope of this Chapter.

2. Any rules adopted pursuant to this Section shall require a public review process. Not less than ten or more than thirty days before such public review process, notice shall be given by publication in a newspaper of general circulation. Such notice shall include place, time and purpose of the public review process and the location at which copies of the full text of the proposed rules may be obtained.

3. During the public review process, a designee of the Director shall hear testimony or receive written comment concerning the proposed rules. The Director shall review the recommendation of his or her designee, taking into consideration the comments received during the public review process and shall either adopt the proposal, modify or reject it. If substantial modification is made, additional public review shall be conducted, but no additional notice shall be required if such additional review is announced at the meeting at which the modification is made. Unless otherwise stated, all rules shall be effective upon adoption by the Director and shall be filed in the office of the Director of Environmental Services .

4. Notwithstanding paragraphs 2 and 3 of this Section, an interim rule may be adopted without prior notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or interest of the affected parties, including the specific reasons for such prejudice. Any rule adopted pursuant to this paragraph shall be effective for a period not to exceed 180 days.

A. It is unlawful to discharge stormwater runoff into the City’s separated storm sewer system except in compliance with this Chapter and the rules adopted hereunder.

B. Prohibited discharges. It is unlawful to discharge or cause to be discharged directly or indirectly into the City storm sewer system any of the following:

2. Any discharge having a pH of less than 6.0 Standard Units (S.U.) or greater than 9.0 S.U.;

5. Any discharge which causes or may cause visible discoloration (including, but not limited to, dyes and inks) of the receiving waters;

6. Any discharge which causes or may cause damage to the City’s storm sewer system;

8. Any discharge which causes or may cause a nuisance or a hazard to the City’s system, City personnel or the receiving waters.

A. It is unlawful for a discharger to discharge stormwater runoff to the City’s separate storm sewer system in excess of the limitations established in the discharger’s NPDES stormwater discharge permit or in violation of the prohibited discharges in Section 17.39.030. The Director may establish specific discharge limitations under separate rules to meet the objectives of this Chapter.

B. Notwithstanding prior acceptance to the City’s separate storm sewer system of stormwater runoff under this Chapter, if the Director finds that a stormwater discharge from a particular industrial occupancy or class of occupancies is in violation of 17.39.030, the Director may limit the characteristics or volume of the stormwater discharge accepted under this Chapter or may terminate acceptance. Notice of termination or limitation shall be given in writing to the occupant of the property involved or by posting such notice on the property involved and shall specify the date when the limitation or termination is to become effective. It is unlawful for any person to discharge or permit the discharge of stormwater in violation of this notice.

1. Any facility (requiring an NPDES Stormwater Permit) that discharges to the City’s separate storm sewer system shall provide the City with a copy of the periodic monitoring report (as is required in Schedule B of the NPDES permit). The sampling for compliance required by this section is to be conducted two times per year, with samples being collected at least 60 days apart. All sampling shall be representative of the discharge and analyzed in accordance with the test procedures found in 40 CFR Part 136.

2. The Director may require reporting by dischargers of stormwater runoff to the City stormwater system, where an NPDES stormwater permit is not required, to provide information to the City. This information may include any data necessary to characterize the stormwater discharge.

3. Permittees are required to tabulate the data required by their NPDES stormwater permit and submit a report to both the DEQ Regional Office and the Bureau of Environmental Services by July 1 of each year.

B. Fraud and False Statements. Any reports required by this Chapter or rules adopted hereunder and any other documents required by the City to be submitted or maintained by the Discharger shall be subject to the enforcement provisions of this Chapter and any other applicable local and State laws and regulations pertaining to fraud and false statements. Additionally, the discharger shall be subject to the provisions of 18 U.S. Code Section 1001 relating to fraud and false statements and the provisions of Section 309 of the Clean Water Act, as amended, governing false statements and responsible corporate officials.

C. Notification of Violation. A stormwater discharger shall report noncompliance with permit conditions to the City within 24 hours of becoming aware of noncompliance.

D. Notification. Any person becoming aware of spills or uncontrolled discharges of hazardous or toxic substances or substances prohibited under Section 17.39.030 directly or indirectly into the City’s separate storm sewer system or into a tributary of the City’s storm sewer system, shall immediately report such discharge by phone to the Director of Environmental Services and DEQ and to any other authorities required under other local, state or federal laws or regulations.

As required in Schedule A of the permittee’s NPDES stormwater permit, all permittees discharging to the City of Portland’s storm sewer system shall prepare a Storm Water Pollution Control Plan (SWPCP). A copy of this SWPCP shall be sent to the City. For facilities with 10 or more employees, the SWPCP shall be prepared by or reviewed and stamped by a registered engineer or architect. Minimum requirements for the content of the SWPCP are contained in the Stormwater Administrative Rules.

A. Requirement for a Permit. Those facilities listed under the SIC codes set out in the Stormwater Administrative Rules must obtain an NPDES storm water discharge permit as required by the Clean Water Act (CWA) prior to discharging to the City’s separate storm sewer system.

1. Any discharger with a discharge to the separate storm sewer system in existence prior October 1, 1992 shall submit an application for an NPDES stormwater permit to DEQ.

2. Dischargers who are required to obtain an NPDES stormwater permit and who continue to discharge without a permit during the permit application process, shall comply with the requirements of this Chapter and the rules adopted hereunder.

3. A new source discharge facility shall obtain an NPDES stormwater permit before discharging to the separate storm sewer system .

At his or her discretion, the Director may require dischargers who are not required to obtain an NPDES stormwater permit or to obtain a stormwater discharge permit from the City, if a discharge presents a threat to the system or the receiving waters.

1. Authorized City representatives may inspect the facilities of any discharger to the City’s separate storm sewer system to determine compliance with the requirements of this Chapter. The discharger shall allow the City or an authorized representative to enter upon the premises of the discharger for the purposes of inspection, sampling, photographic documentation or record examination and copying. The City shall also have the right to install on the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering operations.

a. The authorized City representative shall present appropriate credentials at the time of entry.

b. The purpose of the entry shall be for inspection, observation, measurement, sampling, testing, photographic documentation, or record examination and copying in accordance with the provisions of this Chapter.

c. Any entry shall be made at reasonable times during normal operating hours unless an emergency situation exists as determined by the Director.

d. The City shall comply with all regular safety and sanitary requirements of the facility to be inspected. The permittee shall provide the City with any facility-specific safety requirements.

1. Samples of stormwater collected for compliance monitoring shall be representative of the discharge. Sampling locations for each point of discharge are required by the NPDES stormwater permit. The sampling and testing shall be in accordance with 40 CFR Part 136.

2. Samples taken by City personnel for the purpose of determining compliance with the requirements of this Chapter or rules adopted hereunder may be split with the discharger if requested before the time of sampling.

3. Sampling manhole or access. The Director may require a stormwater discharger to install and maintain at the discharger’s expense a suitable manhole or sampling facility at the discharger’s facility or other suitable monitoring access to allow observation, sampling and measurement of all stormwater runoff being discharged into the City storm sewer system. The manhole shall be constructed in accordance with plans approved by the Director and shall be designed so that flow measurement and sampling equipment can be installed. Access to the manhole or monitoring access shall be available to City representatives at all times.

A. Accidental Spill Prevention Plans. Dischargers who are not required to obtain an NPDES stormwater permit but who handle, store or use hazardous or toxic substances or substances prohibited under 17.39.030 on their sites shall prepare and submit to the Director an Accidental Spill Prevention Plan, according to the requirements set out in rules adopted pursuant to this Chapter, within 60 days of notification by the Director. If an Accidental Spill Prevention and Control Plan is required by other law or regulation, that plan will satisfy this requirement.

B. Preventive measures. Direct or indirect connections or entry points which could allow spills or uncontrolled discharges of hazardous or toxic substances or substances prohibited under Section 17.39.030 to enter the City’s storm sewer system shall be eliminated or controlled to prevent the entry of wastes in violation of this Chapter. The Director may require a discharger to install or modify equipment or make other necessary changes to prevent such discharges as a condition of continued discharge to the City storm sewer system. A schedule of compliance shall be established by the Director which requires the completion of the required actions within the shortest reasonable period of time. Violation of the schedule without an extension of time by the Director is a violation of this Chapter.

Dischargers that fail to comply with the requirements of this Chapter and the rules adopted hereunder may be subject to enforcement actions by the Director of Environmental Services.

2. Each day a violation occurs or continues shall be considered a separate violation.

3. For violations of discharge limits, each parameter that exceeds a discharge limit shall be considered a separate violation except as provided elsewhere in this Chapter or the rules adopted hereunder.

B. Enforcement Mechanisms. In enforcing any of the requirements of this Chapter of the rules adopted hereunder, the Director of Environmental Services, or a duly authorized representative, may:

1. Take Civil administrative action as set out in rules adopted under this Chapter;

4. Take other action as the Director of Environmental Services in the exercise of his or her discretion, deems appropriate.

C. Civil Penalties. Violations of this Chapter or rules adopted hereunder may result in the assessment of civil penalties in amount up to $5000 per day per violation. All civil penalties shall be deposited with the City Treasurer. Failure to pay a civil penalty within 30 days following a final determination regarding the penalty is grounds for termination of the permittee’s discharge.

1. Notwithstanding any other provision of this Chapter, the Director of Environmental Services may terminate or prevent a discharge into the City’s separate storm sewer system if:

a. The discharge or threatened discharge presents or may present an endangerment to human health or the environment, or threatens to interfere with the operation of the City’s separate storm sewer; or

b. The NPDES stormwater permit or City stormwater discharge permit was obtained by misrepresentation of any material fact or lack of full disclosure; or

c. The discharger violates any requirement of this Chapter or its stormwater discharge permit; or

2. Notice of termination or prevention of discharge or permit revocation shall be provided to the discharger or posted on the subject property prior to terminating or preventing discharge.

a. In situations that do not represent an imminent danger to human health or the environment or an imminent threat of interference to the separate storm sewer system, the notice shall be in writing, shall contain the reasons for the termination or prevention of discharge, the effective date, duration and the name, address and telephone number of a City contact, shall be signed by the Director, and shall be received at the business address of the discharger no fewer than 30 days prior to the effective date.

b. In situations where there is an imminent endangerment to human health, the environment or imminent threat of interference with the operations of the separate storm sewer system, the Director may immediately terminate an existing discharge or prevent a new discharge from commencing after providing informal notice to the discharger or after posting such notice on the subject property. Informal notice may be verbal or written and shall include the effective date and time and a brief description of the reason. Within 3 working days following the informal notice, a written formal notice as described in 17.39.100 D.2.a. shall be provided to the discharger.

3. The Director shall reinstate stormwater discharge privileges upon clear and convincing proof by the discharger of the elimination of the noncomplying discharge or conditions creating the threat of endangerment or interference as set forth in this Chapter.

1. The Director may recover all reasonable costs incurred by the City which are attributable to or associated with violations of this Chapter, including but not limited to the costs of administration, investigation, sampling and monitoring, legal and enforcement activities, damage to the storm sewer system, contracts and health studies, and any fines and penalties assessed to the City which result from a discharge not in compliance with this Chapter or rules adopted hereunder.

3. Such costs are due and payable to the City of Portland Sewage Disposal Fund upon the receipt of the letter documenting such costs. All such costs shall be paid to the City Treasurer. Nonpayment or dispute regarding the amount shall be referred for appropriate action to the City Attorney. The City Attorney may initiate appropriate action against the discharger to recover costs under this Section.

4. The Director of Environmental Services may terminate a discharge for nonpayment of costs after 30 days notice to the discharger.

All dischargers subject to this Chapter shall maintain and preserve for no fewer than 5 years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analysis made by or in behalf of the discharger in connection with its discharge. All records which pertain to matters which are the subject of any enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this Chapter are hereby repealed to the extent of such inconsistency or conflict.

If any provision, paragraph, word or Section of this Chapter or adopted hereunder is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections shall not be affected and shall continue in full force and effect.

A discharger may request from the Director of Environmental Services to reconsider any determination made under this Chapter if there is reason to believe that sufficient data or information is available to support a different determination. Any request for reconsideration shall be accompanied by the data and the information that the discharger used as a basis for the request. The Director of Environmental Services may then revise the initial determination based upon the submitted request.

A. It is unlawful for any person to cause or permit to come in contact with any paved roadway, curb or sidewalk, any corrosive or other substance which may tend to disintegrate or injure such pavement. This shall not apply to salt or salt mixtures placed thereon to melt snow or ice.

B. It is unlawful for any person to cause or permit any object to fall upon or be placed upon any paved roadway, curb or sidewalk of such weight or other characteristic as to crack, break or disturb the pavement surface. This shall not apply to ordinary wear and tear from vehicular traffic.

C. It is unlawful for any person to cause or permit to be placed upon any pavement without immediately removing the same, any concrete, plaster or other material likely to adhere to the pavement. However, during the course of construction upon adjacent property, the City Engineer may issue a permit for such activity if he determines that sufficient protection will be provided to prevent injury to the pavement.

D. It is unlawful for any person to cause or permit any fire to be kindled or made upon any paved roadway, curb or sidewalk or to heat any material in close proximity to such paved surface.

In the course of construction under Council permit or a permit issued by the City Engineer, it is unlawful for any person to cause or permit any undermining of any pavement not cut or to be replaced as a part of the work; to tunnel under street area without providing complete support of the pavement above such tunnel; to cause or permit to be washed away the ground or fill material supporting pavement; to make any excavation within street area pursuant to permit without securely and safely bracing such excavation so as to prevent the sides or walls of the excavation from falling or caving in; to cause or permit any excavation to be made on private property adjacent to street area without securely and safely bracing the wall or side of the excavation near the paved area so as to prevent falling or caving in and to protect the support of the pavement; or to cause or permit any other act to be done which would tend to endanger the direct or lateral support of the pavement.

(Amended by Ordinance No. 145974, effective July 1, 1978.) Any person who has dug up or cut into the roadway surface of a street paved with bituminous paving may request the City to replace the roadway area by patching the pavement. This shall not apply to local improvements, public improvements under permit, or general maintenance of roadway areas by the City. The applicant shall first prepare the area, if the base has been disturbed, by removing any excavated material from below the pavement and filling and compacting the same to sub-base level with gravel, all at his own expense. The applicant shall pay for the repair by one of the following bases as chosen by the manager of the Bureau of Maintenance.

When two or more patches are within a 200-foot City block or within one block within 200 feet of each other, the patches may be considered and paid for as one patch and one job if both are in the same category of the foregoing schedule. Otherwise each patch shall be computed separately.

B. Cost basis. If the area or character of the work is such that the cost of performing such work can be conveniently and accurately ascertained, the work may be done for actual cost as determined in accordance with provisions of the finance regulations.

The purpose of this Section is to protect the public from hazards created by landslides that deposit material on the public right-of-way. The intent of this Section is to provide for the immediate abatement of a landslide by the responsible property owner or, if necessary, by the City.

A. “Costs” means any costs, direct or indirect, incurred by the City in the abatement of a landslide. Costs may include, but are not limited to, those associated with the removal of debris, traffic control and barricading, engineering, construction, erosion control, reforestation, restoration and repair of existing public facilities, City overhead as provided in 5.48.0030, and City Auditor’s charges established in 17.12.020 B.

B. “Landslide” means the movement of earth that results in the deposit of soil, rock, vegetation or other debris in a public right-of-way.

C. “Owner” means the person or persons shown on the most recent property tax records.

D. “Responsible property” means the property or properties abutting that portion of the public right-of-way on which materials have been deposited by a landslide.

A. Landslides that originate on private property and deposit material on the public right-of-way; and

B. Landslides in public right-of-way caused by actions on property abutting such public right-of-way.

A. A landslide is a public nuisance. The nuisance is subject to abatement as provided by Chapter 18, except as provided in this Chapter. Abatement by the City shall be conducted at the direction of the City Engineer. The City Engineer may direct summary abatement where there is an immediate threat to the public safety.

B. Recovery of costs incurred by the City in the abatement of a landslide shall be as provided in Chapter 18, and such costs shall be assessed to the responsible property.

1. Immediate work necessary to remove the debris from any areas where it would constitute or create a hazard to the public and to temporarily stabilize the slope; and

2. Permanent stabilization of the slope, as necessary, through engineered solutions such as retaining walls or riprap. Plans and specifications for permanent stabilization shall be prepared by a professional engineer registered in the State of Oregon and shall be approved by the City Engineer.

C. If summary abatement is not directed, the City Engineer may post notice on the responsible property of the requirement for immediate abatement, including dates by which the abatement must be commenced and completed. Such notice shall also be mailed to the owner and/or occupant of the responsible property. If the abatement is not commenced or completed within the time provided in the notice, the City Engineer may cause the landslide to be abated and the costs assessed against the responsible property.

D. Where necessary, the City Engineer may also post and mail notice regarding the requirement for permanent stabilization of the slope. Such notice shall include the date by which plans for such permanent stabilization shall be submitted to the City Engineer. If such plans are not submitted by the stated date, the City Engineer may cause the permanent stabilization portion of the abatement to be accomplished and the cost assessed against the responsible property.

E. Before beginning any work in the right-of-way, the owner of the responsible property shall obtain the permits required by Chapter 17.24 of this Code.

F. A building permit shall be required for permanent stabilization work performed on private property. Such permits shall be approved by the Bureau of Buildings and the City Engineer.

G. If at any stage of the abatement, the owner of the responsible property fails to comply with the requirements imposed by the City Engineer, the City Engineer may cause the abatement to be completed by the City and the cost assessed against the responsible property.

H. If there is more than one responsible property, the City Engineer shall apportion all costs incurred by the City in abatement based on the front footage of the slide area in the right-of-way.

I. Nothing in this Code shall be deemed to prevent a party required by this Chapter to pay for abatement of a landslide from exercising any rights her or she may have against the party or parties who may have caused the landslide.

Administrative review shall be conducted as provided in Chapter 18, except that the review shall be conducted by the City Engineer. Appeal shall be to the Code Hearings Officer as provided in Chapter 22.10 of this Code.

It has been and remains the policy of the City of Portland that streets are constructed at the expense of abutting property owners and are maintained by abutting property owners until street improvements are constructed to the standards of, and accepted for maintenance by, the City. Streets that have not been improved to City standards are not and will not be maintained or improved at City expense, except at the discretion of the City and as provided in this Code and the City Charter. Maintenance of streets shall not be undertaken by abutting property owners until a permit has been obtained from the City as provided in Chapter 17.24 of this Code.

The City assumes no responsibility for maintenance, construction or reconstruction of any street until and unless:

B. Maintenance responsibility for the street has been expressly accepted by the City.

Until a street improvement has been constructed and the City has expressly assumed responsibility for the street maintenance, it is the exclusive duty of the owner(s) of land abutting any street in the City to construct, reconstruct, repair and maintain the street, in a condition reasonably safe for the uses that are made of the street and adjoining properties.

The owner(s) of land abutting any street that has not been improved to City standards and accepted for maintenance shall be liable for any and all damages to any person who is injured or otherwise suffers damages resulting from the defective condition of the street, or by reason of the property owner’s failure to keep the street in safe condition and good repair. Said property owner(s) shall be liable to the City of Portland for any amounts which may be paid or incurred by the City by reason of all claims, judgments or settlements, and for all reasonable costs of defense, including investigation costs and attorney fees, by reason of said property owners’ failure to satisfy the obligations imposed by the Charter and Code of the City of Portland to maintain, construct and repair such streets.

As used in this chapter, the term “street” is defined as provided in Section 17.04.060 of the City Code and includes any drainage facilities associated with the street, and any structures in the dedicated street area. It also includes the run-off from any street where no drainage facilities have been constructed.

17.44.015 Revocable Permits to Construct and Maintain Structures in the Street Area.

A. It is unlawful for any person to obstruct or cause to be obstructed any roadway, curb or sidewalk by leaving or placing, to remain longer than 2 hours any object, material or article which may prevent free passage over any part of such street or sidewalk area. This Section does not authorize any action in violation of any other Title or regulation.

B. It is unlawful for any person to erect or cause to be erected any structure in, over or upon any dedicated street area, except that the City Engineer may, if the distance between property line and back of existing or future sidewalk is greater than 1 foot, and if in his opinion circumstances warrant, grant permission for walls not exceeding 3 feet in height, fences and steps, that otherwise comply with the Code of the City, to be constructed 1 foot back of the sidewalk. Also, on buildings whose front is located on the property line, the City Engineer may allow decorative facings, certain types of utility meters, utility valves, and other utility appurtenances, to extend into the street area an amount he determines will not interfere with the public use of said street, but not exceeding 1 foot. The Council, upon determining a public need for areas occupied by such walls, fences, steps, facings, or utility meter valves and other appurtenances, may revoke said permission and the property owner or utility will be required to remove them from the street area.

1. Any use or structure for which a permit has been issued by the Council or by authority of any Title;

3. Barricades placed by or with the approval of the City Engineer or the Traffic Engineer; nor

17.44.015 Revocable Permits to Construct and Maintain Structures in the Street Area.

(Added by Ordinance No. 160849, effective June 2, 1988.) Except as otherwise provided in this Code, permits to construct, install and/or maintain structures in dedicated street area may be issued by the Council only to the owner of the property abutting the half of the street area in which the structure is proposed to be built. Such permits shall be revocable by the Council at any time. The burdens and benefits of any such permit shall run with the property abutting the half of the street area in which the structure is proposed to be built and all such permits shall be recorded against the title of the benefitting property. All cost of such recordings shall be borne by the permittee. Upon sale or other disposition of the property, the permit shall automatically transfer to any new property owner, unless the permit specifically states that it is nontransferable.

The City Engineer may adopt an application form and proposed criteria, and shall recommend to the Council whether or not such permit should be granted. The City Engineer may also recommend any necessary or desirable conditions to be attached to the permit.

(Added by Ordinance No. 160849, effective June 2, 1988.) The owner of any real property shall be responsible for maintaining any structures in the half of the street area abutting the owner’s property, whether such structures are under City permit or not, except that the abutting owner shall not be responsible for the maintenance of structures which have been installed by other than the abutting owner under a permit or other authority granted by the City of Portland.

The abutting property owner shall be liable to any person who is injured or otherwise suffers damage by reason of the property owner’s failure to keep any structure located in the half of the street area immediately abutting his or her property in safe condition and good repair. Furthermore, said abutting property owner shall be liable to the City of Portland, its officers, agents and employees, for any judgment or expense incurred or paid by the City its officers, agents or employees, by reason of the existence of any such structure in the street area.

(Added by Ordinance No. 160849, effective June 2, 1988.) Permits for structures in City streets may be revoked by Council at any time and for any reason Council deems to be in the interest of the City, and no grant of any permit, expenditure or money in reliance thereon, or lapse of time shall give the permittee any right to the continued existence of a structure or to any damages or claims against the City arising out of revocation.

Upon revocation the permittee, or any successor permittee, shall at permittee’s own cost remove such structure within 30 days after written notice to the permittee by the City of such revocation, unless the City Council specifies a shorter period, and shall return the street area in which the structure was located to the condition of the street area immediately surrounding it, to the satisfaction of the City Engineer. If the permittee does not remove the structure and/or return the street area to a condition satisfactory to the City Engineer, the City Engineer may do so, and the permittee shall be personally liable to the City for any and all costs of dismantling the structure and reconstructing the street area. The costs of removal and reconstruction shall become a lien upon the abutting property until paid by the permittee. The City may sell or otherwise dispose of structures or parts thereof removed from the public right-of-way under authority of this Section, and the owner of same shall not be entitled to any compensation for said items from the City.

(Amended by Ordinance Nos. 138811 and 143846, effective June 16, 1977.) City Engineer may close or allow to be closed temporarily any street or portion thereof for the following reasons:

A. To facilitate construction, demolition or installation of facilities on public or private property.

B. To restrict vehicular use of an unimproved street for the protection of the public or to eliminate a neighborhood nuisance.

Such closures shall include the requirements of the Traffic Engineer and provide for appropriate insurance as required by the City Engineer, protecting the public and the City.

(Replaced by Ordinance No. 171312, effective June 25, 1997.) For the free use and accommodation of persons waiting for public transportation, benches may be placed on the street area between the property line and the curb in the public right of way of the City, and such benches may bear advertising messages. Permits for benches bearing advertisements shall be granted only to the Tri-County Metropolitan Transit District (Tri-Met). For purposes of this chapter, the term bench shall also apply to transit shelters owned, operated and maintained by Tri-Met.

(Replaced by Ordinance No. 171312, effective June 25, 1997.) An annual fee as prescribed in Section 17.24.010 shall be collected for every permit issued to install an advertising bench. This fee is due July 1 and shall be paid by July 15. Permits may be issued without payment of any fee for benches where no advertising or other message will be displayed.

(Replaced by Ordinance No. 171312, effective June 25, 1997.) The City Engineer may revoke any permit issued under Section 17.44.030 - 17.44.040 at any time in the event the public’s need requires it, the permittee fails to comply with the conditions of the permit, for any fraud or misrepresentation in the application, or for any reason which would have been grounds for denial of the initial application.

(Replaced by Ordinance No. 171312, effective June 25, 1997.) The City Engineer is authorized to enter into an intergovernmental agreement with Tri-Met to govern procedures in the issuance of permits under this section.

A. “Banner standards” are structures in the Mall area of downtown Portland, located on SW Fifth and SW Sixth Avenues between SW Taylor and West Burnside Streets, designed for the display of hanging pennants or banners.

B. “Mall area” means that area bounded by SW Broadway on the west, West Burnside on the north, SW Fourth Avenue on the east, and SW Madison on the south, but not including the street and sidewalk areas of SW Broadway and SW Fourth Avenues.

1. By nonprofit organizations and institutions, to announce noncommercial and nonpolitical events of direct and substantial civic benefit; and

B. The City Engineer may regulate the composition of and size of banners, and impose other regulations necessary in the interest of the Mall area’s appearance and the public’s safety.

No permit to use the banner standards shall be issued until the proposed permittee has signed a statement that it shall hold harmless the City, its officers and employees, and shall indemnify the City, its officers and employees for any claims for property damage or personal injury which may result from any activity carried on under the terms of the permit. Permittee shall furnish and maintain sufficient public liability, product liability, and property damage insurance to protect the permittee and the City from all claims for property damage or personal injury, including death, which may arise from or in connection with operations under the permit. Such insurance shall provide coverage of not less than $100,000 for bodily injury for each person, $300,000 for each occurrence, and $300,000 for property damage per occurrence. This insurance shall be without prejudice to coverage otherwise existing therein, and shall name as additional insures the City of Portland, its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the contract without 30 days written notice to the Auditor of the City.

The applicant shall file with the City Engineer an application for use of the banner standards. The application shall include a sketch of the banner or banners, indicating their size, design, and proposed location. The application also shall include the written and signed approval of the owner and the lessee or tenant of the property immediately abutting the location of the standard or standards. Such approval shall apply only during the life of the ownership, lease or tenancy. Upon transfer of ownership or change of lessee or tenant, new written, signed approval shall be obtained and filed with the City. The application shall indicate whether any words or messages will be displayed on the banner.

Upon receiving the application, the City Engineer shall submit the application to the Design Review Committee for their recommendation with respect to an appropriate banner design.

Sections 32.16.010, pertaining to unsightly or obscene signs, and Section 32.16.040, pertaining to unsafe signs, of this Code shall apply to banner standard banners.

Banners covered by this Chapter shall be maintained in good condition at all times. The City shall not be liable for any damage caused by the failure of any authorized institution or organization holing a banner permit to keep the banners in good condition.

The City Engineer shall notify the permit holder for any banner to make whatever improvement is necessary to comply with this Chapter, including the removal of the banner.

The Auditor shall place appeal to decisions under this Chapter on the Council Calendar at the first convenient opportunity and shall notify the City Engineer. At the appeal hearing, the Council shall hear the City Engineer or representative, who shall state the grounds for his action. The party appealing may supply oral or written testimony. The Council shall hear and determine the appeal, and its decision shall be final and effective immediately.

A. “Distributor” shall mean the person responsible for placing and maintaining a newsrack in a public right of way.

B. “Newsrack” means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or other news periodicals. Newsstands regulated by the provisions of Section 14.20.090 and 14.20.100 of this Code shall not be considered as newsracks.

C. “Mass Transit Avenue” means those portions of SW/NW Fifth Avenue and SW/NW Sixth Avenue from SW Madison Street to NW Irving Street, and those portions of SW Yamhill Street and SW Morrison Street from SW 1st Avenue to SW 11th Avenue.

D. “Mall blue” means the shade of blue used to paint street furniture on Mass Transit Avenues and includes any hue substantially similar to Dark Blue No. 7-0-07873 Endura Shield manufactured by Tnemec Company, Inc.

E. “Sidewalk” means any surface provided for the use of pedestrians exclusive of motor vehicles.

F. “Street” means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.

A. All newsracks placed on any Mass Transit Avenue shall be installed upon and securely fastened to the City-owned newsrack pedestals located on such avenues.

B. Any newsrack placed on a sidewalk within 20 feet of a Mass Transit Avenue shall be painted “Mall blue.”

C. No newsrack shall be installed upon a Mass Transit Avenue unless it is painted “Mall blue” and is substantially similar in design and appearance to the K600 Model manufactured by Berkley-Small Incorporated.

D. No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.

E. Each newsrack shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin return mechanisms shall be maintained in good working order. This Subsection shall not be applicable to newsracks used for distributing newspapers for free.

F. Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and business address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism, or to give the notices provided for in this Chapter.

G. Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:

2. it is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;

3. it is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;

4. the clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;

5. the paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and

H. The City Engineer, upon the request of the majority of distributors maintaining newsracks on any one City-owned newsrack pedestal, shall consider the movement of the newsrack pedestal to another location within the Mass Transit Avenues. In determining the location the City Engineer shall consider the need to prevent the obstruction of pedestrian traffic as balanced against the need of distributors to have locations conducive to high volume sales.

A. Upon determination by the City Engineer that a newsrack has been installed, used or maintained in violation of Section 17.46.020 A - G a of this Chapter, an order to correct the offending condition shall be issued to the distributor of the newsrack, if known, and if not, to the publication distributed therein. Such order shall be telephoned and confirmed by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. Failure to properly correct the offending condition within 3 days (excluding Saturdays and legal holidays) after the mailing date of the order shall result in the offending newsrack being summarily removed by the City Engineer from the Mass Transit Avenues and placed in the nearest sidewalk area where the newsrack would not be in violation of this Chapter. Upon removing any newsrack from a Mass Transit Avenue the City Engineer shall provide immediate notification by telephone of the location to which the newsrack has been removed. A copy of such notice shall also be immediately mailed. Any order issued under this Subsection (a) may be appealed pursuant to Section 17.46.040, but the filing of an appeal shall not stay the effectiveness of the order.

B. Upon determination by the City Engineer that a newsrack has been used, maintained or installed in violation of Section 17.46.020 D, E or G, or 17.46.060 an order to correct the offending condition shall be issued to the distributor of the newsrack, if known, and if not, to the publication distributed therein. Such order shall be telephoned and confirmed by mailing a copy of the order, return receipt requested. The order shall specifically describe the offending condition and suggest actions to correct the condition. Failure to properly correct the offending condition within 10 days after the mailing date of the order shall result in the offending newsrack being summarily removed by the City Engineer from the Mass Transit Avenues and placed in the nearest sidewalk area where the newsrack would not be in violation of this Chapter. Upon removing any newsrack form a Mass Transit Avenue, the City Engineer shall provide immediate notification of the location to which the newsrack has been removed, by telephone, and copy of such notification shall also be immediately mailed. Any order issued under this Subsection B may be appealed pursuant to Section 17.46.040 and the filing of an appeal shall stay the effectiveness of the order until the Council shall have decided the appeal.

Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of this Chapter may appeal and shall be appraised of his right to appeal to the Council. An appeal must be perfected within 10 days after receipt of notice of any protested decision or action by filing with the Office of the Auditor a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than 15 days after receipt of the letter of appeal. Appellant shall be given at least 5 days notice of the time and place of the hearing. The Council shall give the appellant, and any other interested party, a reasonable opportunity to be heard in order to show cause why the determination of the City Engineer should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the City Engineer. At the conclusion of the hearing, the Council shall make a final and conclusive determination.

City Engineer as used in this Ordinance shall include his designated representative.

In the event a newsrack remains empty for a period of 30 continuous days, the same shall be deemed abandoned, and may be treated in the manner as provided in Section 17.46.030 B for newsracks in violation of the provisions of this Ordinance.

Any person convicted of intentionally, knowingly or recklessly violating any lawfully issued order of the City Engineer by returning a removed newsrack to the area regulated by this Chapter prior to correcting all defects, or of violating Section 17.46.020 F shall be punished upon conviction by a fine of not more than $500.

(Amended by Ordinance No. 140207, effective Aug. 1, 1975.) It is unlawful for any person to move any building or structure through any street or to occupy any portion of any street for the removal of any building or structure, without first obtaining a permit as provided in this Chapter and paying the fees elsewhere prescribed in Section 17.24.020.

(Amended by Ordinance No. 140207, effective Aug. 1, 1975.) Application for a permit for moving a building or structure shall be in writing, shall state the number of the lot and block upon which the building is located, the size of the building, the number of the lot and block to which it is proposed to remove the same, the route proposed to be taken, the length of time required for moving, and the name of the owner of the building or structure. Each application shall be accompanied by a fee as prescribed in Section 17.24.020. The application fee is nonrefundable and is in addition to the permit issuance fee, which shall be collected prior to the issuance of the permit.

A. When a building to be moved does not exceed three stories in height, the City Engineer may issue a moving permit, fixing the route to be used for the move, with the prior approval of the Traffic Engineer of the route, and upon the terms as he may deem necessary. The City Engineer shall keep a copy of the permit so issued.

B. When a building to be moved exceeds three stories in height, any permit for moving shall be issued by the Council by ordinance. The Ordinance shall set forth any conditions upon the moving which may be deemed necessary and which are not provided for in this Chapter, and shall set forth the City Engineer’s estimate of the cost to the City of issuing the permit, investigating the application,

and supervising the moving, to be paid by the applicant for permit as a part of the fee elsewhere prescribed in Section 17.24.020.

C. No moving permit shall be issued until the applicant shall have filed with the Auditor an insurance policy or certificate of insurance and form of policy for public liability insurance naming as additional insures of City, its officers, agents and employees, in the amounts of at least $100,000 for injury to one person, at least $300,000 for personal injuries from one accident, and at least $50,000 for property damages; the insurance shall also contain a provision that it shall not be cancelable during the term of the permit.

D. A moving permit shall not be issued until the applicant has deposited with the Treasurer a sum sufficient, in the judgment of the City Engineer, to cover the cost of repairing any and all damage or injury to street or streets, or the improvements therein, which may result from the moving operation, and also such sums as the Bureau of Traffic Engineering and the Bureau of Fire, and any other City bureau involved, may require to cover the cost of moving, repairing, restoring or replacing any wires, signals or other properties or installations which may be necessary in preparation for or in consequence of any moving operation. Upon completion of the moving operation, the bureau or bureaus which may have required such deposit and the City Engineer shall submit to the Treasurer a statement of the costs of any operations, repairs or replacements occasioned by or as the result of the moving operation, and other information as the Treasurer may request, in order to reimburse the proper account from the money so deposited, and shall authorize the Treasurer in writing to refund the remaining portion of such deposit, if any, to the depositor. If the cost exceeds the amount deposited, the depositor shall promptly reimburse the affected bureau or bureaus for such additional cost.

The moving of a building or structure under a moving permit shall be continuous day-by-day during all the hours specified by the City Engineer until completed, with the least possible obstruction to the streets occupied. It is unlawful for any person moving a building or structure under a moving permit to leave said building or structure or any portion thereof stationary in the street, road or highway area for a period in excess of 2 hours during the hours of the day specified by the City Engineer, unless an emergency exists by reason of unforeseen difficulties encountered in cutting wires, trees, or removing obstructions in the course of the route selected. All movement in the street area must be completed within an elapsed time of 36 hours unless application is made for a longer period of time and permission specifically granted therefor by the City Engineer prior to the commencement of any movement; provided, however, that if any unforeseen difficulties are encountered and n extension of time necessitated thereby is requested from the City Engineer prior to the expiration of 36 hours from the commencement of the moving operation, the City Engineer may extend the 36- hour time by specific additional time as he finds necessary.

Red lights or other warning devices sufficient to warn and protect traffic shall be displayed in conspicuous places at or on a building or structure being moved during the hours in which streetlights are lighted. The City Engineer may require additional warning devices if he finds those displayed by the mover to be insufficient.

When overhead wires in any street designated in a permit for moving a building or structure will interfere with the moving operation, the permittee shall give to the owner of the wire, including the City when it is the owner, 48 hours notice that he desires to have the wire temporarily removed. The permittee shall pay in advance or tender to the owner, other than the City, the amount estimated to be necessary to remove the wire and replace the same. When the City owns the wire, the cost of temporary removal and replacement shall be included in the requirement for deposit prerequisite to permit, as provided in this Chapter. If the permittee disputes the amount demanded by the owner as the advance or tender, the amount shall be determined by the City Engineer. The permittee of a moving permit shall pay the actual expense of removing and replacing the wire, and as soon as the actual expense can be determined the permittee shall immediately pay any deficit and the owner shall refund any surplus to him. Upon receipt or tender of the amount estimated or the amount fixed by the City Engineer in case of dispute, the owner of the wire shall remove it in time to permit the passage of the building or structure without unnecessary delay.

(Amended by Ordinance No. 138415, effective July 20, 1974.) It is unlawful for any person to permit any tree upon or in front of any premises of which he is the owner or occupant, to interfere with or come in contact with wires belonging to the City, or to permit the branches of such trees to be less than 7-1/2 feet from the sidewalk, or 11 feet above the roadway; provided, however, that on any street which is designated as an arterial, an alternate arterial, or a one-way street, and where parking has been prohibited, limbs of trees shall be trimmed to a height of 14 feet above the crown of the street. Whenever the City Engineer finds that a condition prohibited by this Section exists, the condition is a public nuisance. In addition to the penal enforcement of this Title, the Commissioner of the department under whom the Office of the City Engineer is administered may take steps in accordance with the procedures set forth in Title 14 concerning abatement of nuisances, including assessment of cost of abatement against the property on which or in front of which the tree is located.

It is the duty of the occupants of the premises or the owner of such premises, if the same is unoccupied, to keep the sidewalk clean from branches, leaves, flowers, fruit or other organic matter fallen thereon.

Roots of any tree in dedicated street area which have entered any sewer, drain or house connection in the street area, or roots of any tree which have entered any sewer, drain or connection in a City-owned sewer easement, and which are stopping, restricting or retarding the flow of sewage or drainage, are hereby declared to be a public nuisance. Whenever the City Engineer finds that such condition appears to exist, the Commissioner of the department under whom the Office of the City Engineer is administered shall take steps in accordance with the procedure set forth in Title 14 concerning abatement of nuisances, including assessment of costs of abatement against the property abutting the street area and owning the tree. As a part of the abatement, reasonable steps shall be taken to prevent future root entry and interference with the flow of sewage or drainage. If the City Engineer believes that only removal of the tree will reasonably prevent future root entry into the sewage or drainage facility, he shall so notify the owner and the Superintendent of the Bureau of Parks. Thereupon if the Superintendent of the Bureau of Parks concurs with the determination that the removal is necessary, and the owner has not removed the tree, the City Engineer shall require the tree to be removed as a part of the nuisance abatement and the notice to abate shall so state. A permit for removal shall be obtained, by the owner removing the tree, from the Bureau of Nuisance Abatement, as provided in this Chapter.

When the curb or sidewalk, or both, abutting any land becomes damaged or in a state of disrepair because of an ornamental tree maintained by the property owner, the repair of the curb or sidewalk, or both, shall be treated as other curb or sidewalk repairs in accordance with the provisions of this Title. The removal of any tree or portion thereof as the City Engineer may determine necessary, shall be deemed a part of the curb or sidewalk repair.

Any person desiring to place a tub or receptacle for a tree or shrub on top of the paved or hard surfaced portion of street area shall first apply to the City Engineer for a permit. The permit may be issued by the City Engineer upon approval of the Traffic Engineer under such safeguards and conditions as the City Engineer and the City Attorney may find necessary or appropriate to protect the public safety and to protect the City against claims of liability. The permit may be canceled by the City Engineer for any violation of conditions or terms of the permit, or for neglect of the plantings or abandonment of use. After revocation, it is unlawful for the permittee or his successor in Title to the abutting property to allow the tub or receptacle to remain in street area.

(Added by Ordinance No. 156125; effective June 13, 1984.) In maintaining its utility system, the City may trim or cause to be trimmed any tree which interferes with any light, pole, wire, cable, appliance or apparatus used in connection with or as a part of the utility system. The person remedying the condition shall be authorized to enter the premises for that purpose.

In cases where the City has granted or may hereafter grant revocable permits to a railway company or other public utility for the use of streets, alleys, or public places, the grantee instead of filing a public places, the grantee, instead of filing a bond or bonds for the faithful performance of the conditions and obligations in any permit prescribed, may file with the city Auditor its written undertaking in the penal sum of $5,000, without sureties, duly executed by the company under its corporate seal, whereby it shall undertake generally and agree to keep and perform the duties, obligations, and conditions of all revocable permits for the use of public streets, alleys, or public places then held or that may thereafter be granted to or held by it, and particularly that it will comply with all requirements thereof for paving, repairing, or otherwise improving streets and sidewalks and for the removal of its property and restoration of the portions of the streets, pavements, or sidewalks, according to the terms and conditions of the permits respectively.

(Amended by Ordinance No. 151100, effective Feb. 12, 1981.) Any person conducting a business within the City under a City franchise or permit, giving to such person the right to construct underground conduits or to lay pipes underground, shall, before entering upon any street for the purpose of cutting into, digging trenches in, or opening any street preparatory to the construction of any conduit or to the laying of any pipes, wires, or cables, file with the City Engineer detailed plans and specifications of all the proposed construction work. Such plans shall be drawn to a scale prescribed by the City Engineer and such specifications shall state the manner of construction and the kind of materials proposed to be used. If the plans and specifications are satisfactory to the City Engineer, he shall approve them and issue a permit to the person filing them to construct the work. If the City Engineer does not approve the plans or specifications or orders changes made therein, the person submitting them shall comply with the City Engineer’s requirements and shall file new plans and specifications which are satisfactory to the City Engineer. If these are approved by him, the person may proceed with the construction of the work. If in the performance of the work it becomes necessary to deviate from such plans and specifications, deviation shall not be made until first approved by the City Engineer.

Upon completion of the construction for which a permit has been issued, a map showing the location at depths below the surface of the ground of all construction work done under the permit shall be filed with the City Engineer. If changes have been made after the permit is issued, these changes shall be shown in an easily distinguishable manner. The final map shall bear a statement to the effect that the work done under the permit is correctly shown, and shall be signed by an authorized representative of the company doing the work.

The provisions of this Section shall apply both to dedicated rights of way and to proposed rights of way in approved subdivisions or planned unit developments which will be dedicated to the public upon plat recording. Permits issued for underground construction in proposed rights of way shall require acknowledgment that the permittee will hold the City of Portland harmless against any liability which may occur prior to dedication of the rights of way, and further acknowledgment that the permittee assumes all risk of loss which may arise in the event the City or any other public agency subsequently requires changes in or additions to plans or refuses to approve all or any part of permittee’s improvements. Permits shall be issued only after street improvement plans have been approved.

Public utility companies may pay once a month for permits issued under this Title, but such payments shall be made on or before the 15th day of each month following the month in which the permits were issued.

(Amended by Ordinance No. 159491, effective Mar. 12, 1987.) A permit to a public utility company for installation of any underground structure or structures in the congested district hereinafter defined, may be granted on the following conditions:

A. A written application shall be made to the City Engineer accompanied by five prints showing the proposed size and location of the proposed installation;

B. When the plans have been approved by the City Engineer, two copies shall be retained by the City Engineer and one copy shall be returned to the utility.

C. The congested district for the purpose of this Section is divided into two areas designated as West Congested Area and East Congested Area, and bounded as follows:

1. West Congested Area: The area bounded on the south by the north line of the Stadium Freeway, on the north by the north line of NW Hoyt Street, on the west by the west line of SW and NW 14th Avenue, and on the east by the western harbor line of the Willamette River,

2. East Congested Area: The area bounded on the south by the south line of SE Clay Street, on the north by the north line of NE Everett Street, on the west by the west line of NE and SE Union Avenue, and on the east by the east line of NE and SE 7th Avenue, and in addition those portions of East Burnside Street, SE Morrison Street, and SE Hawthorne Boulevard lying between the east harbor line of the Willamette River and the west line of NE and SE Union Avenue.

It is unlawful for any person to erect any pole or to stretch wires or cables in, under or over any street, park, public way or public ground for any purpose whatsoever, unless a City permit or franchise therefor has first been granted by the Council.

Every person owning, operating, or managing any public utility in the City and using poles located in public area for utility purposes, shall relocate any pole at the expense of the utility whenever required by the City Engineer. When other facilities used for public utility purposes are located in public area such facilities shall be relocated at utility expense whenever required by the City Engineer for a public improvement or for the public safety.

Any public utility erecting, placing, or maintaining in the City any overhead wire or cable shall affix or attach the wire or cable in compliance with State regulations, in conformity with the best engineering practice, and at a height and in a manner to protect the public safety.

When so required by the occupant of premises, or if the premises are unoccupied, whenever requested by the owner, a public utility shall shut off or disconnect its service facilities outside and away from the building or structure previously served, unless the facilities are an integral part of the building or structure.

It is unlawful for any person using or employing electrical current to fail or neglect to provide and put in use such means, appliances and apparatus as will, so far as practicable, control and effectually contain the current or energy in isolated paths and on their own wires, conductors or structures, so as to prevent damage or injury through discharge to ground to City pipes and structures and the pipes or structures of others. It is unlawful for any person using or employing electrical current to fail to take such measures as are necessary and appropriate to prevent contribution to injury or damage to pipes or structures belonging to the City or others. Conviction for violation of this Section shall not take away or abridge the right of the City or any other person to damages for injury to its pipes or other structures resulting from escape of electrical current.

A. As used in this Section, “permit” means a valid permit issued under Section 17.56.020 or 17.56.040 and “permittee” means a person to whom a permit is issued.

B. Cobblestones, known as Belgian building blocks, located in street areas of the City are City property and remain City property notwithstanding their excavation by a permittee.

C. It is the duty of the Bureau of City Engineering Services to furnish a permittee a copy of the regulations authorized by this Section.

D. (Amended by Ordinance No. 141548, effective April 7, 1976.) A permittee shall preserve for delivery to the City quantities of 150 or more cobblestones displaced by excavations of City streets. A report of the number and location of the cobblestones shall be sent to the Bureau of Parks, Operations Division, and permittee shall deliver the cobblestones to a site as directed by the Bureau.

The Commissioner of the Bureau of Parks hereby is delegated authority to issue additional regulations providing for the preservation of cobblestones excavated from City street areas.

E. At the request of the Portland Historical Landmarks Commission, but not less than once annually, the Bureau of Parks shall advise the Commission of the number of cobblestones then being stored. The deployment of stored cobblestones shall be determined by the Portland Historical Landmarks Commission (and/or recommended to the City Council). Criteria for deployment shall be established by the Commission.

(Amended by Ordinance No. 162574, effective Dec. 7, 1989.) The following described districts designated as “District A,” “District B,” “District C,” “District D” and “District E,” mean and include the following streets in the City:

District A: Beginning with the intersection of the south line of SW Madison Street with the east line of SW Front Avenue, running thence westerly, along said south line of SW Madison Street, to its intersection with the west line of SW Broadway; thence northerly along said west line of SW Broadway, to its intersection with the south line of SW Yamhill Street; thence westerly along said south line of SW Yamhill Street to its intersection with the west line of SW 14th Avenue; thence northerly, along said west line of SW 14th Avenue to its intersection with the north line of West Burnside Street; thence easterly, along said north line of West Burnside Street to its intersection with the west line of NW Broadway; thence northerly, along said west line of NW Broadway to its intersection with the north line of NW Glisan Street; thence easterly along said north line of NW Glisan Street to its intersection with the east line of NW Front Avenue; thence southerly, along said east line of NW and SW Front Avenue to the place of beginning.

District B: East Burnside Street, SE Morrison Street and SE Hawthorne Boulevard, from the east line of SE and NE 3rd Avenue to the west line of SE and NE 6th Avenue; and also those portions of other streets parallel thereto lying between the south line of NE Couch Street and the south line of SE Hawthorne Boulevard which are included between a line drawn 100 feet east of and parallel to the east line of SE and NE Grand Avenue; and a line drawn 100 feet west of and parallel to the west line of SE and NE Grand Avenue; and SE Grand Avenue, from the south line of NE Couch Street to the south line of SE Hawthorne Boulevard; it being provided, however, that any crossings over streets in this District which were installed before January 1, 1950 shall be permitted to remain; and it being further provided that additional machine-turned wooden street light poles and overhead wires for street lighting shall be permitted in said District, if approved by the City Engineer.

District C: NE Martin Luther King, Jr. Boulevard (NE Union Avenue) from 100 feet north of the north line of NE Davis Street to the south line of NE Going Street, it being provided however, that any street light poles and traffic signal poles and any crossings over NE Martin Luther King, Jr. Boulevard (NE Union Avenue) which were installed before January 1, 1950 shall be permitted to remain; and it being further provided that additional machine-turned wooden street light poles and overhead wires for street lighting shall be permitted in said District, if approved by the City Engineer.

District D: Beginning with the intersection of the center line of SW 4th Avenue and the north line of SW Market Street, running thence easterly along said north line of SW Market Street to its intersection with the center line of SW Harbor Drive; thence southerly along said center line of SW Harbor Drive to its intersection with the south line of SW Arthur Street; thence westerly along said south line of SW Arthur Street to its intersection with the center line of SW Barbur Boulevard; thence northerly along said center line of SW Barbur Boulevard and along the center line of SW 4th Avenue to the place of beginning.

However, a minimum overhead cable-type system along the northerly line of SW Market Street and guy poles and anchors along the easterly line of SW 4th Avenue shall be permitted in said District if approved by the Portland Development Commission and the City Engineer.

District E: NE Airport Way lying between the following described Line 1 and Line 2. Line 1: Beginning at the most northerly corner of Tax Lot (2) of Lots 1 and 2, Block 112, Parkrose, thence running northeasterly in a straight line to a point on the westerly line of NE 112th Avenue, said point being the most westerly point in a common line between the I-205 Freeway right-of-way and NE 112th Avenue, and located southerly of the intersection of NE 112th Avenue with NE Marine Drive. Line 2: The common boundary line between the City of Portland and the City of Gresham approximately 826.0 feet north of the north line of NE Sandy Boulevard at its intersection with NE 181st Avenue; also public use easements 10.0 feet in width granted to the City of Portland and adjacent to either side of NE Airport Way as described above, it being provided, however that any crossings over NE Airport Way and the said 10.0 foot wide public use easements which were installed prior to November 1, 1988 shall be exempted from this District.

(Amended by Ordinance No. 162574, effective Dec. 7, 1989.) It is unlawful for any person to erect, construct, or maintain on or over the surface of any street or public use easement designated in 17.60.010 within an underground wiring district, any wires, poles, cables, appliances, or apparatus of any kind, on, through or by means of which electrical current or communications are transmitted or used.

(Amended by Ordinance No. 159491, effective Mar. 12, 1987.) Any person owning a franchise or privilege to erect, construct, or maintain wires, cables, poles, vaults, manholes and other structures, appliances or apparatus on, over, or by means of which electric current is transmitted or used for any purpose in any portion of an underground wiring district, who desires to install, construct, reconstruct, repair, alter or maintain the same shall file with the City Engineer an application for a permit to install or maintain the facilities in trenches, conduits, structures or subways beneath the surface of the streets or parts thereof within the underground district as required. The application shall be accompanied by the agreement of the applicant promptly to repave and repair any of the streets or portions thereof which are disturbed or undermined by the applicant as the result of exercise of the permit, if granted, the repaving and repair to be made in compliance with the provisions of this Title.

(Amended by Ordinance Nos. 159491 and 162574, effective Dec. 7, 1989.) Upon the filing of an application under Section 17.60.030 the City Engineer will designate the portion of space and location within the street area or public use easement designated in Section 17.60.010 to be used by the applicant. No part or parts of street area shall be used except as designated by the City Engineer.

(Amended by Ordinance No. 159491, effective Mar. 12, 1987.) The applicant for permit shall file with the City Engineer plans and specifications for an underground system for conduction of current or energy in trenches, conduits or subways for wires, cables, and appliances including the necessary vaults, manholes and service boxes, and in addition thereto shall file a map showing the general route and location of the trenches, conduits or subways.

(Amended by Ordinance Nos. 159491 and 162574, effective Dec. 7, 1989.) Subject to payment of the applicable fees prescribed in Chapter 7.12, if the City Engineer finds that the application and the plans, specifications and route map filed are satisfactory, the City Engineer may approve the same and issue to the applicant a permit to enter upon the designated streets, public use easements designated in Section 17.60.010 or parts thereof in an underground wiring district, to make such excavation therein, as may be necessary to construct conduits or subways, to lay wires, cables and appliances therein, and to build vaults, manholes or service boxes underground within the space theretofore designated. It is unlawful to make any excavation in any street or public use easement designated in Section 17.60.010 to install underground facilities, without a permit from the City Engineer and paying the fees set forth in 17.24.020. All excavation work and restoration pursuant to the permit shall be under the general supervision of the City Engineer and shall be made only after notice to the City Engineer.

When immediate repairs to an existing underground installation in an underground wiring district become necessary as the result of an emergency or accident involving public hazard, or interruption of service to subscribers or customers, the repairs may be started or made without permit after notice to the City Engineer and under his supervision, but in such case a report of the circumstances showing the emergency shall be made promptly to the City Engineer.

(Amended by Ordinance No. 162574, effective Dec. 7, 1989.) Upon the installation and completion of any underground system of wires and appliances, the person installing the same shall restore the surface of all pavements, improvements, landscaping and foundations thereof which were disturbed or undermined, in as good order and condition as they were prior to the installation, in accordance with the plans and specifications and as directed by and to the satisfaction of the City Engineer.

Any person owning or operating underground wires, conduits, or subways in compliance with this Chapter may connect the same with the side lines of the street, if approved by the City Engineer, and to that end, may use the space under the streets and sidewalks as may be necessary or convenient, and may also have access to all area-ways under sidewalks, and may place and maintain such wires, cables and appliances in proper conduits in and through such area-ways or spaces. If wires or cables are run up the sides or in front of any building, such wires or cables shall be placed in proper enclosures as the City Engineer may find necessary to prevent danger to life or property. No wire, cable or the supports therefor shall cross any window or opening in any building.

(Amended by Ordinance No. 162574, effective Dec. 7, 1989.) Every person to whom a permit has been granted pursuant to this Chapter shall, upon completion of the installation of underground wires, cables, and appliances, file with the City Engineer duplicate maps showing the location of the conduits or subways, wires, cables, vaults, manholes, and service boxes under said streets or within said public use easements designated in Section 17.60.010 or parts thereof. The City Engineer shall maintain a record thereof.

The provisions of this Chapter with respect to underground construction or installation shall not apply to the following:

A. Wires, poles, and appliances for lighting the streets of the City under contract with the City, or under private contract, connected with wires or cables in underground conduits or subways of a public utility; but all wires for street lighting above the surface of the streets shall be placed inside or on the outside of poles used in connection with such street lighting as directed by the City and shall be connected underground from the foot or base of the respective poles directly with the nearest wires or cables placed in such conduits or subways; provided that wires for street lighting if put on the outside of poles shall be placed in proper enclosures so as not to be dangerous to life or property, excepting, however, wires above the ground connecting the poles and the wires thereof with the light fixture on the pole.

B. Traffic signal installations made and maintained by the City. When deemed appropriate by the Traffic Engineer agreements may be made with private property owners permitting attachment of traffic signal installations to privately owned buildings, and the Commissioner In Charge of the Bureau of Traffic Engineering is authorized to enter into or to approve agreements relating thereto, such agreements having first been approved as to form by the City Attorney. The agreements made prior to passage hereof are hereby ratified and confirmed.

C. Wires, cables, and appliances for electric signs, advertisements, and decorative lighting, connected with wires or cables in underground conduits or subways of a public utility; provided that all such wires for electric signs, advertisements, and decorative lighting shall be carried from or connected with the building, and if such wires are placed on the sides or front of any such building, they shall be placed in proper enclosures so as not to be dangerous to life or property, and the wires shall be connected underground from the foundations or basement of the respective buildings directly with the nearest wires or cables placed in such conduits or subways. No wire for electric signs, advertisements, or decorative lighting shall cross any street above ground.

D. Wires, cables, and appliances for telegraph, telephone, district telegraph, and fire alarm systems connected with wires or cables in underground conduits or subways of a public utility or a City system; provided that all wires for telegraph, telephone, district telegraph, and fire alarm systems above the surface of streets shall be placed on the sides or front of buildings in proper enclosures as the City Engineer may find necessary to prevent danger to life or property, and these wires shall be connected underground from the foundations or basement of the buildings directly with the nearest wires or cables in conduits or subways.

E. (Added by Ordinance No. 155775, effective April 4, 1984.) Wires, poles and attachment hardware for transit electrification systems; provided that all wires or hardware for transit electrification systems above the surface streets shall be placed as the City Engineer may find necessary to prevent danger to life or property within the requirements of the National Electrical Safety Code (ANSI C-2), and that if required, these wires shall be connected to underground wires from the foot or base of the respective poles.

Nothing in this Chapter shall be construed to prevent or impair any agreement between or among persons affected by this Chapter designed to provide for joint ownership, control, or use of conduits or subways.

A. The following described district designated as Control District “A” means and includes the streets within the following described perimeter:

Control District “A” - Beginning at the south line of SW Madison Street and the west line of SW Harbor Drive; thence westerly along SW Madison Street to the west line of SW 7th Avenue (Broadway); thence northerly along said west line to the south line of SW Yamhill Street; thence westerly along said south line to the east line of the Oregon State Highway Commission right of way designated for the Stadium Freeway; thence southerly and southeasterly along said easterly line of said Stadium Freeway right of way to the center line of SW 4th Avenue (Underground District “D”); thence northerly along said center line of SW 4th Avenue to the northerly line of SW Market Street; thence easterly along said north line to the west line of SW Harbor Drive; thence northerly along the west line of SW Harbor Drive to the point of beginning.

B. The following described district designated as Control District “B” means and includes the streets within the following described perimeter:

Control District “B” - Beginning at the intersection of the south line of SW Madison Street extended to the west bank of the Willamette River; thence running in a northerly direction along said west bank of the Willamette River to its intersection with the south line of NW Broadway Avenue; thence westerly along the south line of NW Broadway Avenue to its intersection with the north line of NW Lovejoy Street; thence west along the north line of NW Lovejoy Street to a point where the east line of NW Park Avenue would intersect with NW Lovejoy Street if the said NW Park Avenue were to be extended to the north from its present termination point at NW Hoyt Street; thence southerly along a line one block east and parallel to NW 9th Avenue to the north line of NW Hoyt Street at the point where the east line of NW Park Avenue intersects with the said NW Hoyt Street; thence west along the north line of NW Hoyt Street to its intersection with the east line of the Oregon State Highway Commission right-of-way designated for the Stadium Freeway; thence south along the said east line of said Stadium Freeway right-of-way to its intersection with the north line of West Burnside Street; thence east along the north line of West Burnside Street to its intersection with the west line of NW Broadway Avenue; thence north along the west line of NW Broadway Avenue to its intersection with the north line of NW Glisan Street; thence east along the north line of said NW Glisan Street to its intersection with the east line of NW Front Avenue; thence southerly along the east line of NW Front Avenue to its intersection with the south line of SW Madison Street; thence east along the south line of SW Madison Street extended to its intersection with the west bank of the Willamette River, the point of beginning.

A. On or before December 1, of each calendar year until conversion is completed in accordance with this Section, each utility providing electric or telephone service within a control district shall file with the City Council a listing of streets, public use easements designated in Section 17.60.010, blocks, or parts thereof, within the control district, scheduled to be converted during the following calendar year to underground facilities. The schedule shall be placed on the Council Calendar and a public hearing by the City Council upon the schedule shall be given. The schedule shall be considered by the City Council and approved or amended as the City Council may find reasonable. However, the utilities may at any time file with the City Council amendments to said schedules, and if the City Council finds that a proposed amendment does not affect the public generally, the proposed amendment shall be allowed without notice of hearing; but if the City Council finds that the proposed amendment will affect the public generally, the same procedure shall be followed for notice and hearing as in the case of the original schedule filed with the City Council.

B. After such a determination of a conversion program, customers receiving service from streets scheduled for conversion shall be notified by the affected utility of its plan to proceed with such program during the particular calendar year. It is unlawful for any person to fail or neglect within 60 days after notification by the affected utility of the completion of the conversion work on an approved street, public use easements designated in Section 17.60.010, block or part thereof, to provide for receiving such service from the completed underground facility within the area approved for conversion, unless he discontinues such service. The property owners or occupants shall provide all necessary wiring changes to their premises so as to receive service from the underground facilities in accordance with applicable utility tariffs, or other applicable schedule of charges on file with the State Public Utility Commissioner.

C. After the applicable calendar year of a scheduled Council approved conversion, it is unlawful for any electric or telephone utility to provide any permanent service in the area determined except from an underground facility, or to continue service from an overhead installation except with special Council permission.

D. (Amended by Ordinance No. 137561; passed and effective Dec. 6, 1973.) On or before June 30, 1974, all of Control District “A” and on or before December 31, 1974, all of Control District “B” shall be converted to underground utility facilities, and thereafter each of the control districts shall be respectively treated as underground wiring districts under this Chapter.

E. No utility shall, within any control districts described in this Chapter, impose any charge for conversion of its main facilities from overhead to underground, but the utilities shall not by this Subsection be required to provide any equipment or facilities or perform any installation or other work in connection therewith required of property owners and customers for receiving the utility service on their premises from an underground facility. The affected utility may make such charges for equipment, facilities or installation on private premises as are specifically authorized by its effective tariffs.

It is unlawful for any person to install a new electric or telephone service entrance or to make a major alteration of an existing electric or telephone service entrance within a control district as set forth in this Chapter without provision for the receiving of electric or telephone utility service through the service entrance from an underground facility to be maintained in the street area by the affected utility. The affected utility may elect to connect the underground service to feed from the existing overhead pole line until such time as the street, block, or part thereof, is converted to underground.

It is unlawful for any person to interfere with, obstruct, change, injure, impair, or remove any pole, post, wire, cable, conduit, box, gong, or other apparatus or equipment belonging to or appertaining to the fire or police signal telegraph or telephone systems, or traffic signal system, except as hereinafter provided.

It is unlawful for any person to remove, temporarily or otherwise, or to change any part of the wire or cable or any pole or post or any facility belonging to or appertaining to the fire or police signal telephone or telegraph systems or to the traffic signal system of the City without first obtaining a written permit therefor. A person finding it necessary in the pursuit of a lawful purpose to remove, interfere with, or disturb any portion of the fire or police signal, telephone or telegraph system or the traffic signal system shall give, or cause to be given, to the Superintendent of the fire and police signal, or telephone or telegraph systems, at his office or to the Traffic Engineer at his office if the traffic signal system is involved, a notice in writing, at least 2 hours before it shall be necessary to interfere with or disturb any portion of such systems, stating the locality at which, and in the manner in which it shall be necessary to remove, interfere with, or disturb the system involved. No notice shall be given between the hours of 4 p.m. and 8 a.m. The Superintendent or Traffic Engineer may issue a permit for the interference if they find that the interference is necessary, and may restrict the work or the time of the interference. The permit shall specify fully the change required and any restrictions thereon. Any person aggrieved by the decision of the Superintendent or Traffic Engineer may appeal such decision to the City Council by filing notice thereof in writing with the City Auditor. No permit shall be required for emergency repairs by a public utility necessitating interference with City system, equipment or apparatus, but the Superintendent or Traffic Engineer or both, as their respective jurisdictions may appear, shall be notified as soon as possible and the public utility shall make any further changes required.

All work done by or for a permittee under this Chapter shall be performed under the supervision of and completed to the satisfaction of the permitting official. All work done under a permit issued pursuant to this Chapter shall be at the sole expense of the permittee, and if the City is requested to do such work the fees applicable shall be as prescribed in the finance regulations.

A. It is unlawful for any person to attach any animal, or to affix or attach any bill, sign, advertisement of any kind, or any contrivance or device of any kind or nature other than City official notices, to any pole, post, wire, cable, fixture or equipment of the fire or police signal, telephone or telegraph systems or the traffic signal system, except as authorized by the Superintendent or the Traffic Engineer respectively.

B. Public utilities operating in the City under franchise or permit may attach their utility wires or cables to poles or posts of the fire or police telephone or telegraph system(s), or the traffic signal system, to the extent specifically permitted by the Superintendent of the fire or police signal telephone or telegraph systems or by the Traffic Engineer as to the traffic signal system, in such locations as they may specifically designate, in consideration of reciprocal privileges extended to the Superintendent or Traffic Engineer when necessary or convenient for either of them to use the poles of the utility in maintaining the City systems.

(Amended by Ordinance No. 15366, effective Sept. 12, 1982.) It is unlawful for any person to cut, break, injure, destroy or deface any pole, post, standard, tower, lamp, wire, cable, conduit, fixture, appliance or appurtenance erected, constructed or used for the public lighting or the City, whether owned by the City or by any public utility contracting with the City for public lighting.

A. It is unlawful for any person to erect or maintain any lamp post, standard, or fixed light in or upon any street or public place except by the authority of written permit issued by the Commissioner In Charge of the Bureau of Street Lighting and in compliance with the provisions and requirements of this Section and paying the fee as prescribed in Section 17.24.020.

B. Any person desiring a permit to erect and maintain a lamppost, standard or fixed light on any street or public place may make written application to the Commissioner In Charge of the Bureau of Street Lighting. The application shall state the exact location of such post or light, the name of the street and the number of the building, the number or other designation of the lot and block or parcel of land in front of which the post, standard or light is to be erected and maintained, and complete specifications of the lamp post, standard or light the applicant proposes.

C. Private street lights shall be separated by not less than 40 feet on the same side of any street unless a lesser distance is approved by the Bureau of Street Lighting and by the City Engineer because of particular design and environmental requirements. The height above the street grade and the exact location must be approved by the Bureau of Street Lighting and by the City Engineer before issue of the permit.

D. Private lighting will be in addition to, not in lieu of, publicly owned lighting on the right-of-way. This condition is necessary in order to guarantee that the right-of-way is lit to a level sufficient to maintain public safety, and that there be no interruption in the service due to absence, cutbacks, or other circumstances effecting the permittee.

E. All private lamp posts, standards and lights shall at all times be kept in good repair and working order at the expense of the permittee.

F. A private street light permit issued under this Section shall be revocable for any of the following grounds:

2. Failure to repair or properly maintain the light post or standard or light within 10 days after notice so to do by the Commissioner In Charge of the Bureau of Street Lighting or by the Bureau of Police.

G. Within 30 days after revocation of a private street light permit, the owner or person responsible for maintaining it shall remove the light and all appurtenances. Failure so to do shall be a violation of this Title. The City Engineer or Department of Public Works may authorize the removal of the private street light if not removed within the said 30 days, and the cost of removal shall be recoverable from the owner or person responsible for maintaining the same in a civil action.

A. All street lights within the City of Portland shall be a standard overhead fixture except in areas where it is determined by the Commissioner In Charge of the Bureau of Street Lighting that specialty lighting would substantially enhance a unique characteristic of the district.

B. Design, location, plans and specifications for a special street lighting system to be installed or altered as a local improvement, shall be first approved by the Bureau of Street Lighting.

C. Establishing the source of funding necessary for the acquisition and installation of specialty lighting is the responsibility of the person(s) requesting the special lighting district to be established or altered and must be approved by the lighting manager.

D. (Added by Ordinance No. 155955, effective May 10, 1984.) When a specialty lighting system needs major refurbishing or replacement, the City will pay up to 50 percent of the cost of replacing City owned specialty light fixtures with the same style fixture when:

1. The lights are part of an historical structure that is included on the National Register of Historic Places and designated as an Oregon Historic Landmark and a Local Landmark, and removal or changes in the lighting would jeopardize the structure’s historical status, or

2. The light fixtures themselves are included on the National Register of Historic Places and designated as an Oregon Historic Landmark and a Local Landmark.

In other cases the City will pay for replacing the specialty light fixtures with a similar but readily available fixture.

A. All new or reconstructed streets in the City associated with either privately or publicly funded projects must be provided with street lights corresponding to City lighting standards.

B. Design, plans and specifications for streetlights to be installed or altered shall be first approved by the Bureau of Street Lighting.

C. The full cost of providing the street lighting improvements shall be paid by the permittee or funding source used for the street construction costs.

A. All costs associated with the removal of streetlights on street being vacated shall be paid by the person petitioning for the vacation.

B. All costs associated with the removal or relocation of street light facilities to accommodate work in accordance with a public improvement permit shall be paid by the permittee.

C. All costs for relocation of streetlights to complete work in local improvement districts shall be assessed as part of the project.

“Parking lot” means any open property upon which any motor vehicle is parked or stored commercially or for hire, or upon which motor vehicles are placed for sale, whether or not such property is used in connection with another purpose, and whether or not such parking lot use is full time, part time or periodic.

(Amended by Ordinance No. 140207; passed July 10, effective Aug. 1, 1975.) It is unlawful for any person to establish and maintain any parking lot without complying with the provisions of this Chapter, paying the applicable fees for permits as prescribed in Section 17.24.020, and also complying with the building regulations and paying any fees for permits thereunder where applicable. Failure to comply with the provision of this Chapter shall constitute the maintenance of the parking lot to a public nuisance.

A. On all parking lots paved with a hard surface paving material to the property line or lines adjoining a street or streets, that portion used for parking or sale purposes shall have painted and maintained thereon a yellow strip 12 inches wide for the entire length of that portion of the property adjoining the street and used for parking or sale purposes. This yellow strip shall be so located that its outer edge is upon private property. It is unlawful to park or permit to be parked, or displayed for sale, any motor vehicle extending beyond the outer edge of the yellow strip.

B. In lieu of a painted strip, the occupant of the property may erect a barricade or fence. The barricade or fence shall not exceed 5 feet in height; if the barricade or fence is located within 3 feet of the street line, the barricade or fence shall be not less than 20 inches in height. Any barricade or fence shall be located entirely upon private property and shall be so located and constructed that no part of a parked or for sale motor vehicle can extend beyond the street property line. If a barricade or fence has not been constructed, upon a second conviction of violation of Subsection (a) of this Section, the City Engineer shall notify the occupant of the property and the property owner to erect a barricade or fence. If the barricade is not erected as required by the notice within 30 days after the notice, continued use of the property as a parking lot shall be a public nuisance. Thereafter the City Engineer may summarily abate such public nuisance by constructing the necessary barricade. The cost of such construction, computed in accordance with the provisions of the finance regulations may be assessed against the property in accordance with the provisions of Title 14 relating to abatement of nuisances.

C. Use of property as a parking lot more than 15 days without the painted strip required under Subsection A of this Section or a fence or barricade in lieu thereof as set forth in Subsection B of this Section shall constitute such as a public nuisance. Such nuisance may be abated by painting the required strip. The property shall be subject to abatement of such nuisance and assessment of costs of abatement in accordance with the provisions of Title 14 relating to abatement of public nuisances.

(Amended by Ordinance No. 140207, effective Aug. 1, 1975.) It is unlawful for any person to construct or maintain a barricade or fence upon the street side of a parking lot or to paint a parking lot strip as required by this Chapter, without first obtaining a permit from the City Engineer and paying the fees therefor elsewhere prescribed in Section 17.24.020. Issuance of a permit by the City Engineer shall not excuse the permittee from compliance with the provisions of the building regulations applicable to the barricade or fence, nor from paying the fees prescribed in said regulations. The application shall be in writing upon a form provided by the City Engineer and shall, when practicable, be accompanied by a design, sketch or drawing showing the exact location of the property, its boundaries, and where it is proposed to establish the parking lot painted strip, barricade or fence. Upon approval by the City Engineer of paint and materials to be used, location, type, height, and length of barricade, fence or painted strip, and payment of the fees elsewhere prescribed in Section 17.24.020, the City Engineer shall issue the appropriate permit.

(Amended by Ordinance No. 140207, effective Aug. 1, 1975.) Whenever, in the opinion of the Commissioner In Charge of Public Works, and the City Engineer, the installation of a fuel tank in the street area with not interfere with the present use or with any contemplated plans for the early use of any street, a permit may be granted by the City Engineer if approved by the Commissioner of Public Works. The permit shall then be issued to the owner or occupant of the lot or tract adjacent to the street to be occupied by the fuel tank, upon payment of a fee as prescribed in Section 17.24.020.

The applicant for fuel tank installation in the street area shall sign an application for permit in which he agrees to accept the revocable permit subject to its terms and limitations, saving the City harmless from damages both to himself and to all persons claiming or to claim therefor.

A revocable permit is hereby granted to . . . . . . . . . . . . . . . . . . . . .(owner or occupant) of Lot . . . . . . , Block . . . . . . . , . . . . . . . . . . . . . . . . . . . Addition to install and maintain a tank for the storage of fuel oil in . . . . . . . . . . . . . . . . . . . . Street between . . . . . . . . . . . . . Street and. . . . . . . . . . . . . . . . . . .Street, being in that particular area lying between the . . . . . . . curb line and the . . . . . . . . . line of said street, abutting the above described property.

This permit is for the use of the street area only and shall not exempt the grantee from securing a permit from the Fire Marshal and complying with all requirements of the fire regulations, from taking out a permit from the City Engineer to open the street, or from taking out licenses or permits required by any existing ordinances for any operation or construction carried on under the permit hereby granted.

The permit granted hereunder is revocable at any time at the pleasure of the Council. No expenditure of money thereunder, lapse of time, or other act or thing shall operate as an estoppel against the City or be held to give the grantee any vested or other right. Upon revocation, the grantee shall within 30 days discontinue the use of the tank and shall put the portion of the street affected by said tank in a condition as good as the adjacent portion of the street, all of which shall be done as directed by and to the satisfaction of the City Engineer.

The grantee herein assumes full responsibility for all accidents or damage which may occur in connection with the installation of the tank, and agrees to hold the City, the City Engineer, and each and all the officers and employees of the City free and harmless from any claims for damages to persons or property which may be occasioned by the installation or its maintenance.

No new Subdivision plat of lands within the City nor of any addition to the same shall be filed for record, nor shall any street, alley, or other way be dedicated, until the plat or dedication has been submitted to the City Engineer together with proof that all special assessments on the property included have been paid, or bonded under the provisions of this Title relative to local improvement assessments, and until the City Engineer has endorsed thereon his certificate that the special assessments appear to have been paid, or payment has been provided for by bonding, and that the plat of the lands or addition, or dedication of street or way is of a suitable and convenient character. If a portion of property covered by a bonded assessment is sought to be subdivided or dedicated, the owner must first obtain an apportionment of the assessment lien in accordance with procedures set forth in the City Charter. Whenever any plat of any addition or Subdivision of land within the corporate limits of the City is submitted to the City Engineer by the Planning Commission, it is his duty, before approving plat, to require that all streets and alleys marked on said plats be of adequate width and he may require the streets and alleys to be aligned with other streets and alleys or extensions thereof, abutting on the land to be platted.

Any person aggrieved by the refusal of the City Engineer to certify to a plat or dedication in accordance with the provisions of Section 17.80.010 may appeal to the Council by filing a written notice of appeal with the City Auditor within 10 days after refusal, and the Council shall hear and determine the matter with all convenient speed. If it reverses his decision, a certified copy of the resolution declaring the action shall be attached to the plat or dedication in lieu of the certificate.

No vacation of a street, public place or plat shall become effective until the ordinance providing for the vacation and a plat, as provided by law, has been filed in the office of the county clerk of the county where the street, public place or plat is located. The cost of the filing and the preparation of the plat shall be paid by the person petitioning for the vacation.

A. Whenever a request for a petition for the vacation of a street, public place or plat, or any part thereof is presented to the City Engineer, the person making the request shall pay to the City Engineer a fee for preparation of the petition for vacation. The fee for this service shall be established annually by the City Engineer and shall recover full costs including all applicable overhead charges.

B. When a completed petition is presented to the City Auditor for filing and consideration by the Council, the person presenting the petition for the vacation shall pay to the City Auditor a fee, established by the City Engineer, to cover the estimated costs of processing the petition. All departments or bureaus involved in processing a vacation shall keep records of the costs incurred on each individual vacation proceeding and shall submit such costs to the City Engineer prior to passage of the vacating ordinance. If the actual cost of advertising and expenses, and all processing costs, including employee salaries and applicable overheads, related to the vacation exceed the fee collected, a sum sufficient to cover all such costs shall be collected before the vacation is completed, and payment thereof shall be a condition of the vacating ordinance.

C. The Council, upon hearing the petition, may grant the same in whole or in part or deny it in whole or in part, and may make reservations or conditions as appear to be in the public interest. The reservations or conditions may pertain to:

1. The maintenance and use of underground public utilities or service facilities in the portion vacated;

2. Limitations on use of the area above and adjacent to underground utilities or service facilities;

3. Moving at petitioner’s expense of utility or service facilities either below, on or above the surface;

8. Any other matter of like or different nature relating to the vacated area and remaining or relocated street area adjacent to petitioner’s property, or area dedicated in lieu of the vacation area.

Pursuant to ORS 271.080 through 271.100, when a petition for the vacation of a street, public place or plat is presented to the Auditor, he shall immediately check the same as provided by the statutes, and shall submit the same to the Commissioner of Public Works to examine. The Commissioner shall refer the petition to the Planning Commission and to the City Engineer for Reports on the proposed vacation. The Commissioner shall make such report thereon as he may deem proper to enable the members of the Council more readily to decide whether or not any reason manifestly appears why the petition should not be granted and he shall forward the petition together with his report to the Auditor. If his report is favorable to the granting of the petition, he shall forward a detailed report from the City Engineer showing his recommendation on the vacation and any special reservations or conditions applicable to the vacation as well as the report from the Planning Commission and its recommendations. Upon receiving the report of the Commissioner, the Auditor shall forthwith file the petition and the petition together with the reports shall be forwarded to the Council for its preliminary consideration as provided by ORS 271.100, all of which shall be done before publishing or posting notice of the contemplated vacation.

When the Council is petitioned to vacate any street, public place or plat or part thereof, in which water mains, fire hydrants, police or fire alarm system, gas mains, steam heating mains, conduits, sewer mains or laterals, manhole structures, poles, wires or other utility or public service facilities are constructed and maintained, and the proposed vacation will require the removal of the utility or public service facilities or any portion of them, or if curbs or sidewalks are required to be extended or relocated, or if grading or additional paving is required, the ordinance vacating the street or part thereof may provide that the vacation shall not be effective unless the petitioner shall file with the Auditor of the City his acceptance of the terms and provisions of the ordinance together with a surety bond or cash deposit, in such sum as shall be fixed by the Council. The surety bond or cash deposit shall be to the effect that, in the event the vacation is granted, the petitioner will, within 90 days or such other time as the Council may fix after the vacation ordinance is effective, remove or have removed by the owner, all or any part of the utility or public service facilities as required by the vacation ordinance and reconstruct and relay the facilities or have them reconstructed and relaid by the owner in the places as may be required by the City Engineer, and obtain other work as required by the ordinance in the manner directed by the City Engineer, all at the expense of the petitioner.

The provisions applicable to a vacation, set forth in ORS 271, shall apply to each vacation. Alternative procedures therein allowed may be followed.

Whenever City owned property abuts area of a street or plat sought to be vacated by petition, or is located within “affected area” fixed by statute, the Mayor, City Commissioner or City Commission under whose jurisdiction the property has been placed may sign consent to the vacation as an owner for the purpose of Council jurisdiction and consideration.

(Added by Ordinance No. 136419, effective May 28, 1973.) Whenever the City Council shall initiate vacation proceedings on its own motion, the City Auditor shall give notice of the proposed action and hearing to all owners of real property affected thereby. The real property affected thereby shall be deemed to be the land lying on either side of the street or portion thereof proposed to be vacated and extending laterally to the next street that serves as a parallel street, but in any case, not to exceed 200 feet, and the land for a like lateral distance on either side of the street for 400 feet along its course beyond each terminus of the part proposed to be vacated. When a street is proposed to be vacated to its termini, the land embraced in an extension of the street for a distance of 400 feet beyond each terminus shall also be counted. Whenever the Council shall initiate proceedings to vacate a plat or portion thereof, the City Auditor shall notify all property owners within such plat or part thereof proposed to be vacated of the proposed action and hearing.

The notification required by this Section shall be given not less than 28 days before the hearings on the proposed action.

(Amended by Ordinance Nos. 136821, and 151250, effective March 11, 1981.) No single family, multiple dwelling, industrial or commercial building shall be constructed, or altered so as to increase its number of occupants, on property that does not have direct access by frontage or recorded easement with not less than 10 feet width of right-of-way to a street used for vehicular traffic. If such street or any other street adjacent to the property used for vehicular access for said property does not have a standard full width improvement, including sidewalks, the owner as a condition of obtaining a building permit, conditional use, zone change, land partition or variance, shall provide for such an improvement or a portion thereof as designated by the City Engineer, in accordance with provisions elsewhere in this Title. Where, in the opinion of the City Engineer, it is not feasible to provide such a standard improvement, he may allow a temporary improvement appropriate for the circumstances, on the condition that the City will not maintain said temporary improvement and the owner will provide the City with a notarized document, approved as to form by the City Attorney, to be filed with the county in which property is located, stating that the present and future owners will be counted in favor of any proposed standard improvement of said street. Fee for said filing and any other expense of the City incidental to accomplishing the temporary improvement shall be paid by the owner.

(Amended by Ordinance No. 148244, effective Sept. 4, 1979.) Unless permitted as part of an approved Planned Unit Development conditional use or the Council permits by ordinance, no multiple dwellings or accessory building shall be so located on any lot, block, tract or area within the City that any portion of the dwelling or building will be more than 250 feet from a dedicated street abutting the lot or block or that portion of a tract or area on which the multiple dwelling or accessory building shall have direct access to such street by way of an approved roadway.

Through streets in width designated by the City Engineer but at least 50 feet in width, and not more than 600 feet apart connecting existing dedicated streets, or at such locations as designated by the City Engineer, shall be provided for any tract utilized for multiple dwellings or accessory buildings hereafter erected.

No permit shall be issued for the construction of any multiple dwelling or dwellings or accessory buildings upon any lot, block, tract or area within the City where the establishment of access streets are required as outlined in this Chapter, unless and until the location of the streets is approved by the City Engineer and the area of the street dedicated to the public for street purposes.

The Department of Public Works, may, upon the request of the Commissioner In Charge of the Bureau of Parks, take over and perform the construction, reconstruction, maintenance and repair of any boulevards, roadways, drives, paths, trails, walks or other routes of travel in park areas of the City. The transfer of such responsibility to the Department of Public Works shall not operate to remove the routes of travel from the jurisdiction and control of the Bureau of Parks, and the planning and location of new routes shall remain the responsibility of, and in the jurisdiction of the Bureau of Parks.

(Added by Ordinance No. 161984, effective July 1, 1989.) The City Engineer shall designate street prefixes, names, and numbers, keep records of such designations and exercise such other powers as are necessary to carry out the provisions of this Chapter.

(Amended by Ordinance No. 161984, effective July 1, 1989.) All streets in that section of the City north of the Willamette River and west of the center line of Williams Avenue shall be designated as North and the prefix “N” shall be added to the street name. All streets in that section of the City north of the center line of East Burnside Street and east of the center line of Williams Avenue shall be designated as Northeast, and the prefix “NE” shall be added to the street name, except Williams Avenue, which shall have the prefix “N” added to the street name and except Burnside Street which shall have the prefix “E” added to the street name. All streets in that section of the City south of the center line of East Burnside Street and east of the Willamette River shall be designated as Southeast and the prefix “SE” shall be added to the street name, except Burnside Street which shall have the prefix “E” added to the street name. All streets in that section north of the center line of Burnside Street and west of the Willamette River shall be designated as Northwest, and the prefix “NW” shall be added to the street name, except Burnside Street which shall have the prefix “W” added to the street name. All streets in that section of the City south of the center line of Burnside Street and west of the Willamette River shall be designated as Southwest and the prefix “SW” shall be added to the street name, except Burnside Street which shall have the prefix “W” added to the street name.

A. All streets within the corporate limits of the City running in an easterly and westerly direction shall hereafter be designated as “streets,” and all streets running in a northerly and southerly direction shall be designated as “avenues;” provided, however, that the term “drive,” “court,” “land,” “terrace,” or “way” may be used to designate winding or circuitous streets; and provided, further, that all streets lying between two consecutively numbered streets shall be designated as “place” and shall take the lesser number of said two numbered streets. Scenic or arterial streets may be designated as “boulevards” or “drives” in lieu of the term “streets” or “avenues.”

A. Any individual or organization may apply to the City to rename a City street. City streets may only be renamed after a prominent person. Such prominent person must be:

1. a person who has achieved prominence as a result of his or her significant, positive contribution to the United States of America and/or the local community;

B. Only one street renaming application shall be processed at a time, and only one street name change shall be implemented per year for a major traffic or district collector street. Additional applications shall be placed on a waiting list and processed in order of submission when this criteria can be met.

A. The name of the street proposed for renaming shall not be changed if the existing name is of historic significance, or the street is significant in its own right.

B. The street proposed for renaming must start and terminate entirely within City boundaries.

C. The name of any street shall be the same for its entire length. Renaming only portions of a street shall not be permitted.

The applicant must conform to the following procedure in applying to rename a City street:

A. The applicant shall submit evidence to the City Engineer that the street renaming proposal is in compliance with Section 17.93.010 A. 2. and A. 3., and Section 17.93.020 B. and C. If the City Engineer determines the submittal does not comply with these sections, the applicant will be so advised and the City shall take no further action. If the submittal is in compliance with the above referenced sections, the City Engineer shall issue the application materials described in Subsection B.

C. The applicant shall, after filing a completed City Engineer’s application form and paying any applicable fees:

1. Obtain a minimum of 2500 signatures in support of the proposal from legal residents of the City at large or signatures of at least 75% of the abutting property owners along the street proposed for renaming on the petition forms supplied by the City Engineer.

2. Make a good faith effort to obtain a letter of concurrence to the proposed street renaming from the honoree’s surviving spouse, children, or parents, in that order. The City Engineer shall accept registered mail receipts and copies of all letters as evidence of compliance with this provision.

3. Provide to the City Engineer supporting information including a complete biography of the proposed honoree with references of substantiation, honors received, contributions to the national and/or local community, et cetera, which will be reviewed by a historian panel appointed pursuant to Section 17.93.040 A. This submission shall contain sufficient information to allow the historian panel to accurately assess the appropriateness of renaming a street after the proposed honoree.

D. The applicant shall have 180 calendar days to complete and submit the information required by Subsection C. to the City Engineer’s office. If the completed application has not been submitted to the City Engineer within 180 calendar days after the application has been received by the applicant, the application shall be invalid. No time extension shall be granted. At the time of submission, the City Engineer shall check the applicant’s application and accept it only if it is complete and appears to comply with the requirements of Sections 17.93.010 through 17.93.030.

1. If the City Engineer accepts the submission, the applicant shall make a fee deposit to cover the full cost of printing and mailing postcards and public notices as determined by the City Auditor. The minimum fee deposit shall be $500 if the street proposed for renaming is ten City blocks (½ mile) or less in length. If the street proposed for renaming is more than ten City blocks (½ mile), the minimum deposit shall be $1,000. The Auditor shall refund any unused portion of the deposit to the applicant, or the applicant shall be required to pay for any cost of printing, mailings, and public notices in excess of the fee deposit.

Upon receipt of the applicant’s packet, the City shall process the application as follows:

A. The City Engineer shall, within 14 calendar days after submission of the completed application, refer the street renaming application to a panel of three historians or persons with appropriate expertise appointed by the Commissioner in charge of the Office of Transportation for review and determination as to appropriateness of the proposed name and its compliance with criteria for selecting a new street name, and determination as to historic significance of the street.

B. The City Engineer shall notify all neighborhood and business associations recognized by the City which encompass or represent owners of property or businesses located on property abutting the street proposed for renaming of the proposed renaming and request that they submit in writing to the City Engineer their support or opposition to the proposed name change within 45 days.

C. The Historian Panel shall have 45 calendar days from the date of receipt to review the application and advise the City Planning Commission as to its recommendations. If the panel does not provide a recommendation within the 45-day period, the Planning Commission shall review the application with no recommendation unless the Planning Commission grants a time extension to the Historian Panel, which shall not exceed 14 calendar days.

D. Concurrent with the Historian Panel review under Subsection C. of this Section, the Auditor shall conduct a postcard mailing survey of each legal owner and each legal address abutting the street in question, notifying them that there will be public hearings by the Planning Commission and City Council regarding the proposed street renaming and requesting the occupant and owner’s input within 30 calendar days, as to the proposed name change. The Auditor shall also receive and tabulate all responses to the postcard survey and forward the results to the City Planning Commission.

E. The City Engineer shall prepare and submit to the Planning Commission a budget impact statement as to the direct cost of production and installation of new street name signs and related City costs.

F. The City Planning Commission shall conduct a public hearing on the matter and make a recommendation to the City Council as to the best interest of the City and the area within six miles of the City limits in accordance with ORS 227.120.

G. The Auditor shall schedule a public hearing before City Council on the matter. Notice of the hearing shall be published in a newspaper of general circulation not less than once within the week prior to the week within which the hearing is to be held.

H. A public hearing shall be held before City Council on the proposed street name change.

I. The Council may approve or deny application for a street name change upon determination of the best interests of the City and the area within six miles of the City limits. If Council denies the application, it is filed with no further consideration, and the subject name and street shall not be considered again under this Policy for a period of at least two years. If Council approves the application, certified copies of the enabling Ordinance shall be filed with the County Recorder, County Assessor, and County Surveyor.

The Council may rename a street in order to correct errors in street names, or to eliminate confusion. Such action may be taken if it is determined that insignificant impact will result and it is desirable for the convenience of the general public. Renaming of a street by the City under provisions of this paragraph shall not be undertaken to rename a street after a person as provided for in other sections of the Chapter. Therefore, City-initiated actions to rename a street under provisions of this paragraph shall be exempt from compliance with Sections 17.93.010 through 17.93.030 and Section 17.93.040 A. through D. Section 17.93.040 E. through I. shall continue to be applicable.

A. After Council approval of the name change, the Bureau of Maintenance shall install the new name signs adjacent to the existing street name sign. Both signs shall be in place for a period of five years, unless a petition is submitted to City Council from a majority of abutting property occupants requesting that the dual signage period be shortened. Both street name signs shall be maintained for the five-year period at the same level of maintenance approved for street name sign maintenance Citywide, after which time the old name shall be removed.

B. The Auditor shall also notify the following organizations and individuals of the street name change through public notice, inter-office correspondence, or other appropriate means within 30 days after approval of the enabling Ordinance:

A line drawn from the northeast corner of the sidewalk of Block No. 1 of the City on the corner of SW Washington Street and SW Front Avenue to the northwest corner of the sidewalk, on Block No. 16 or the corner of SW Washington Street and SW Second Avenue, and a projection of said line to the western boundary of the City, shall be the base line from which all surveys of the City shall be made at right angles from and parallel to said base line on SW Washington Street, except so much of SW and NW Front Avenue as lies within SW Ash and SW Vine Streets.

The City Surveyor shall cause to be planted as said points on SW Washington Street and also on the southeast corner of the sidewalk on Block No. 6 on SW Main Street, and the southwest corner of the sidewalk on Block 11 on the corner of SW Main Street and SW Second Avenue, at points which were fixed and established by the said surveyor, monuments of indestructible material, the center of which shall be points from which all surveys of the City shall be made at right angles in accordance with field notes of the original surveys.

A line drawn from the northwest corner of the sidewalk on Block No. 1 to the northeast corner of the sidewalk on Block No. 11 and an extension of said line to the western extremity of B Street (now West Burnside), in Couch’s Addition to Portland shall be the baseline from which all surveys of said addition shall be made in accordance with the field notes of the original survey of said addition to Portland.

The City Surveyor shall cause to be planted on the northwest corner of the sidewalk on Block No. 1 and the northeast corner of the sidewalk on Block No. 11; also on the southwest corner of Block No. 1 and on the southwest corner of Block No. 11, at points determined by the City Surveyor, with the concurrence of the original proprietor of said addition, and in accordance with the field notes of the original survey of said addition, monuments of indestructible material, the centers of which shall be starting points from which all surveys of said addition shall be made in conformity to the original field notes.

All grade elevations in the City shall be referred to a fixed datum established herein. The datum plane for grades shall be 56.743 feet below the initial bench mark established by the City in the southerly quadrant of the top step of the Soldiers’ Monument located in Lownsdale Square in the City, said bench mark being marked “CITY OF PORTLAND, INITIAL CLASS A BENCH MARK NO. 00, $50 FINE FOR DISTURBING.” A datum plane above described is hereby established as the official datum of the City. The United States geological survey bench mark set in the granite base of the north pillar of the porte cochere at the SW 5th Avenue central entrance to the City Hall in Portland has an elevation 78.835 feet above the datum plane of the City as herein established.

The City Engineer is authorized and directed to record all grade elevations on official maps, profiles, plans, and other records to conform to the datum plane.

All proposed establishment of grades or changes of grades in the City submitted to the Council shall be referred to the datum plane.

The establishment of a fixed base to which all grade elevations are referred as outlined in this Chapter shall in no way affect the validity of grades or any improvements carried out prior to such establishment.

The authority of the City Engineer to enforce the provisions of this Title is independent of and in addition to the authority of other City officials to enforce the provisions of any Title of the City Code.

The City Engineer, or his authorized representatives charged with the enforcement of this Title, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the City Engineer or employee because of such act or omission performed by him in the enforcement of any provision of this Title shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.

A. In addition to any other remedies or penalties provided by this Title or by any other law, the City Engineer may enforce the provisions of this Title by:

1. Instituting an action before the Code Hearings Officer as set out in Title 22 of this Code, or

2. Causing appropriate action to be instituted in a court of competent jurisdiction, or

3. Taking such other actions as the City Engineer in the exercise of his discretion deems appropriate.

B. Nothing in this Section shall be construed to afford a person the right of appeal, pursuant to Chapter 22.10, to the Code Hearings Officer from a decision or determination of the City Engineer, of the Public Works Administrator, or any bureau designated under Chapter 3.12 of this Code.

Any person violating any of the provisions of this Title shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a period not exceeding 6 months, or by both such fine and imprisonment. In the event that any provision of this Title is violated by a firm or corporation, the officer or officers or person or persons responsible for the violation shall be subject to the penalty herein provided.

(Amended by Ordinance Nos. 169103 and 171067, effective May 9,1997.) It is the policy of the City of Portland to reduce the amount of solid waste generated and disposed by promoting aggressive waste prevention and recycling activities. City policy shall promote the development of environmentally and economically sound practices regarding the collection, processing and end use of solid waste, recyclable material and compostable material. In order to attain these goals and protect public health and the environment, the City shall regulate collection of solid waste, recyclable material and yard debris within the City’s Urban Services Boundary. In carrying out this policy, the goals of this Chapter are:

A. To continue to set recycling goals for Portland that are among the most challenging in the nation.

B. To achieve a goal of a 54 percent recycling level from the solid waste stream in the year 2000, and a recycling goal of 60 percent in 2005.

C. In the year 2002, to reevaluate the 2005 goal and to set an aggressive goal for 2010.

D. To ensure the safe and sanitary collection, transportation and recovery of solid waste, recyclable and yard debris materials.

E. To provide Portland residents and businesses the opportunity to recycle more materials through convenient on-site, curbside and depot collection programs and through the addition of recyclable materials to the curbside collection program as appropriate.

F. To establish and enforce solid waste, recyclable material and yard debris collection standards to ensure uniform, cost effective and high quality service delivery to all residential customers.

G. To establish rates for residential waste collection which are fair to the public, encourage waste reduction, and promote safe, efficient collection.

H. To promote community awareness in order to achieve the highest participation possible in the solid waste and recycling collection system.

I. To enhance waste reduction and recycling in the multifamily, commercial, institutional and industrial sectors by ensuring that comprehensive recycling systems are provided at every establishment not covered by the residential franchise, and that owners of the establishments encourage extensive use of those systems by all employees.

J. To undertake research, studies and demonstration projects on developing more efficient, economical and effective methods of waste reduction, recycling and waste collection.

(Amended by Ordinance Nos. 165625, 166318, 166567, 166924, 167236, 168856, 169103, 169817, and 171812, effective December 26, 1997.) For purposes of Chapter 17.102, and rules adopted thereunder, the following terms shall have the following meanings:

A. “Administrative Rule” mean all rules promulgated under Section 17.102.030 of this Chapter.

C. “Assigned Territory” means an area within the Urban Services Boundary of the City of Portland in which only a person designated by the City may collect solid waste and recyclable material from residential customers.

D. “BES” or “Bureau” means the Bureau of Environmental Services of the City of Portland.

E. “Business” is any commercial entity, including industrial and institutional, but not including multifamily customers.

F. “Business Entity” means any person engaging in a commercial activity.

G. “City” means the City of Portland and the area within the City Urban Service Boundary.

H. “Collect” or “Collection” includes accept, accumulate, store, process, transport, market or dispose of as required by City regulations, Metro, state and federal law.

I. “Commercial” means relating to an entity that is non-residential in nature or, if residential, consists of five or more dwelling units.

J. “Commercial Collection” means the collection of solid waste and/or recyclable materials from:

1. Any type of consideration paid for service, including, without limitation, rent or lease payments and any other direct or indirect provision of payment of money, goods, services or benefits by owners, tenants, lessees, occupants or similar persons;

3. The flow of consideration from the person owning or possessing the solid waste or recyclable material to the person providing the service or from the person providing the service to the person owning or possessing the solid waste or recyclable material

L. “Customer,” when used to refer to Commercial service, means an entity that has arranged for garbage service to be provided by a commercial Permittee in exchange for compensation, excluding residential service covered by a Franchise. Where several businesses share garbage containers and service, “Customer” refers only to the entity that arranges with the Permittee for the service.

M. “Customer.” when used to refer to Residential service means any individual who receives Solid Waste, Recycling or Yard Debris service at a Residence (four-plex or smaller) in a Franchise Territory. An individual need not be the Person receiving the bill for such service to be considered a Customer. For rental properties where the owner of the property has signed up for the service, the owner shall be considered the “Customer.”

N. “Depot” is an established area designated by an organization engaged in recycling where any person may deposit recyclable materials specified by that organization. Depots may not be mobile in nature.

P. “Director” is the Director of the Bureau of Environmental Services of the City of Portland, Oregon, or his or her duly authorized representative or agent.

Q. “Franchise” means a residential solid waste and recyclable material collection franchise awarded by Ordinance No. 164701, and as amended by subsequent ordinances.

R. “Franchisee” means a business that has been awarded a franchise by Ordinance No. 164701, and subsequent amending ordinances, within the Urban Services Boundary of the City of Portland, for the collection of residential solid waste and recyclable material, including yard debris. “Franchisee” includes any employees or other persons authorized to act on behalf of the Franchisee. “Franchisee” has a meaning identical to that of “grantee” as used in the Franchise Agreement. A “Franchisee” holds a single Franchise for service in any and all of its Franchise Territories, including any territories transferred from other Franchisees as approved by the Portland City Council, subsequent to Ordinance 164701.

S. “Franchise Territory” means an area within the Urban Services Boundary of the City of Portland in which only a City designated hauler may collect residential solid waste and recyclable material, including yard debris, from residential customers. A single Franchisee may serve more than one Franchise Territory.

T. “Generator” means an entity which uses the Solid Waste and Recycling collection service and containers arranged for by the “Customer.”

U. “Hazardous Waste” means solid waste that may, by itself or in combination with other waste, be infectious, explosive, poisonous, caustic or toxic, or otherwise dangerous or injurious to human, animal or plant life.

V. “Independent Commercial Recycler” means a person who collects only Recyclable Material from non-Residential sources for the sole purpose of Recycling, and who does not collect Solid Waste.

W. “Independent Recycler” means a Franchisee having 3,000 or more residential customers in the City as of October 1, 1996.

X. “Infectious Waste” as defined in ORS 459, includes “Biological Wastes,” “Cultures and Stocks,” “Pathological waste,” and “Sharps.”

Y. “Infraction” means a failure to comply with Portland City Code Chapter 17.102 or the administrative rules promulgated thereunder.

Z. “Metro” means the regional government agency responsible for regional solid waste management and planning in the Portland Metropolitan area.

AA. “Multifamily Complex” or “Multifamily” means any multidwelling building or group of buildings that contain(s) five dwelling units or more on a single tax lot, such as apartments, condominiums, mobile home parks, or houseboat moorages. Multifamily also includes certified or licensed residential care housing, such as adult foster care homes or group homes.

BB. “Permittee” means any person granted a Commercial Collection permit under Section 17.102.120 of this Chapter.

CC. “Person” means any individual, partnership, association, firm, trust, estate, a public or private corporation, a local government unit, a public agency, the state or any other legal entity.

EE. “Quick Form” is a type of Recycling Plan Form produced by the City, giving a specified list of materials which must be recycled by a specific type of Business.

FF. “Recyclable Material”, “Recyclable” and “Recyclables” includes, but is not limited to, newspaper, scrap paper, ferrous scrap metal, non-ferrous scrap metal, used motor oil, corrugated cardboard and kraft paper, container glass, aluminum, tin cans, magazines, aseptic packaging, coated paper milk cartons, steel aerosol cans, plastic bottles, office paper, yard debris and other materials as may be designated by the City.

GG. “Recycling” means the series of activities including collection, separation, and processing, by which products or other materials are recovered from or otherwise diverted from the solid waste stream (1) for use in the form of raw materials in the manufacture of new products other than fuel and (2) in the case of source separated wood waste which has no material use, for use as fuel. Recycling includes composting of source separated organics but not composting of mixed waste.

HH. “Recycling Plan Form” means the form provided by the City on which a Customer or Self-hauler makes a commitment to comply with the City’s recycling requirement by specifying which materials they will recycle and by whom the materials will be collected.

II. “Regular Basis” means occurring more than four times in a 365 day period.

JJ. “Recycling District” means a business entity formed by franchisees for purposes of recycling collection under the Franchise Agreement, and having an approved plan as set forth in Section 17.102.090.

KK. “Residence” means any dwelling unit in the franchise territory that is a four-plex or smaller where at least 50 percent of the use of the building is residential, regardless of whether it has subscribed for waste collection, or has waste collection in individual cans, carts or containers. The term “residence” does not include any Multifamily Complex as defined in this Section. Agreements between owners of Residences purporting to provide for the collection of Solid Waste and Recyclables on a combined basis do not alter the status of each dwelling unit as a “Residence.”

NN. “Self Haul,” when used in reference to Solid Waste and/or Recyclables generated by a Commercial Entity, means the collection and transportation of material from a Commercial entity where an owner or employee of the entity hauls the material rather than hiring a Permittee or Independent Commercial Recycler to perform this function.

OO. “Self Haul” when used in reference to materials from a residential source, means the collection and transportation of a tenant’s or homeowner’s solid waste and/or recyclable material by the living unit owner or his or her direct employee, where the owner is not specifically compensated for the collection service.

PP. “Service” means the collection and transportation of solid waste and recyclable material by persons for compensation.

QQ. “Solid Waste” has the meaning given in ORS 459.005, but not including the following materials, which the ORS definition includes:

3. Recyclable material or yard debris which is source separated and set out for recycling purposes.

RR. “Source Separate” means that the person who last used recyclable material separated their recyclable material from solid waste and kept the Recyclable Material separate from Solid Waste.

A. The Director is hereby authorized to adopt rules, procedures and forms to implement the provisions of this chapter.

1. Any rule adopted pursuant to this section shall require a public review process. Not less than ten nor more than thirty days before such public review process, notice shall be given by publication in a newspaper of general circulation. Such notice shall include the place, time, and purpose of the public review process and the location at which copies of the full set of the proposed rules may be obtained.

2. During the public review, a designee of the Director shall hear testimony or receive written comment concerning the proposed rules. The Director shall review the recommendation of his or her designee, taking into consideration the comments received during the public review process and shall either adopt the proposal, modify or reject it. If a substantial modification is made, additional public review shall be conducted, but no additional notice shall be required if such additional review is announced at the meeting at which the modification is made. Unless otherwise stated, all rules shall be effective upon adoption by the Director and shall be filed in the Office of the Director.

3. Notwithstanding paragraphs (2) and (3) of this section, an interim rule may be adopted without prior notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, including the specific reasons for such prejudice. Any rule adopted pursuant to this paragraph shall be effective for a period of not longer than 180 days.

A. No person may provide residential solid waste or recyclable material collection, including yard debris, within the Portland Urban Services Boundary without having obtained a franchise from the City, except as provided in 17.102.042 of this Chapter.

B. Having obtained a franchise for residential solid waste and recyclable material collection from the City, no person shall provide or offer to provide such collection in an area within the Portland Urban Services Boundary other than the assigned territory for which the franchise was issued.

C. No person shall accumulate, store collect, transport, dispose of or resource recover solid waste or recyclable material except in compliance with this chapter, other city ordinances, and Chapters 459 and 459A, Oregon Revised Statutes, dealing with solid waste management and regulations and amendments promulgated under any of the foregoing.

D. Nothing in this section shall prohibit the City from withdrawing certain solid waste or recyclable material services by amendment to this section on the basis of finding that such change is appropriate.

E. No person other than the City Approved Recycler may remove recyclable material that is set out in or next to a City provided residential yellow recycling bin set out at a Residence. For purpose of this subsection, “Approved Recycler” means a business entity that has received City approval of its recycling plan for an assigned Franchise territory. “Approved Recycler” includes any employees or other persons authorized to act on behalf of the Approved Recycler.

A. A franchise is not required for the collection or transportation of residential solid waste and recyclable materials by the following persons:

1. Persons transporting solid waste or recyclable material collected outside the City;

2. Organizations which have been granted non-profit tax status by the federal government or who are organized as non-profit corporations in accordance with ORS Chapter 61 and who collect Residential recyclable materials or yard debris without charge to the generator of that recyclable materials or yard debris.

3. A contractor employed to demolish, construct or remodel a building or structure, including, but not limited to, land clearing operations and construction wastes, when collecting or transporting wastes created in connection with such employment;

4. Landscapers, gardeners, tree service contractors, janitors or renderers when collecting or transporting wastes created in connection with such employment;

5. Persons collecting and transporting waste produced by that person, except for waste produced by a tenant at a rental dwelling. For purposes of this Section, solid waste produced by a tenant, licensee, occupant or similar person is produced by that person and not by the landlord;

6. Persons collecting or transporting only waste tires under a valid waste tire storage or carrier permit pursuant to OAR Chapter 340.

7. Persons transporting only reusable beverage containers as defined in ORS 459A;

8. Federal or state agencies that collect, store, transport and dispose of solid waste or those who contract with such agencies to perform the service, but only insofar as the service is performed by or for such agencies; and

9. Persons exclusively collecting recyclable materials from non-residential sources.

B. An organization is not required to have a franchise for the acceptance, storage or transportation of recyclable materials if those materials are accepted and stored at a depot or depots which accept recyclable material without a charge to the generator of that recyclable material.

1. Persons found in violation of Sections 17.102.040 E or 17.102.120 E are subject to a civil penalty of up to $500.

2. A second violation of these Sections by the same person shall be subject to a civil penalty of up to $750.

3. Third and subsequent violations of these Sections shall be subject to civil penalties of up to $1000.

4. Civil penalties under these Sections may be assessed for violations per day or per occurrence.

B. The following criteria shall be considered in determining the amount of any civil penalty to be assessed under this Section:

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

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

6. Whether any criminal prosecutions have occurred in regard to the violations; and

7. Any other relevant, applicable evidence bearing on the nature and seriousness of the violation.

Not withstanding provisions of Title 3.114.020, the Bureau of Environmental Services shall be responsible for administration of all residential solid waste and recyclable material collection franchises.

A. In the event that the Director of the Bureau finds grounds for declaring a forfeiture, according to the terms of the franchise awarded by Ordinance No. 164701, and as amended by subsequent ordinances, the Bureau shall make a recommendation for Council action on the matter, following procedures specified in the Bureau’s adopted rules.

B. In preparing for the transfer of a forfeited franchise to another party, the Bureau shall solicit applications from current franchisees and from other parties who have given a written notice of their interest following a public notification. The Bureau shall determine the applicants’ qualifications to assume the franchise responsibilities. The Bureau is authorized then to use a lottery in selecting among qualified applicants. In addition, the Bureau is authorized to conduct an appraisal of the value of the forfeited franchise. The lottery winner(s) shall then be offered the opportunity to purchase the franchise from the City within a specified time period at the appraised value.

C. In cases where a franchisee abruptly ceases to provide service, and there is insufficient time to conduct an appraisal and permanently transfer a franchise, the Bureau is authorized to recommend that the Council appoint a temporary service provider. If the Council makes such an appointment, it may also guarantee a minimum level of revenue to that company, in order to encourage companies who would not otherwise be willing to assume this responsibility on a short-term basis. Such minimum level of revenue would be achieved by the City’s supplementing revenues received by the temporary service provider from its temporary customers.

A. Residential recycling collection shall be performed by either an Independent Recycler or a Recycling District.

A. Independent Recyclers and Recycling Districts must receive City approval of Recycling Collection and Processing Plans prior to initiation of service.

B. Recycling Collection and Processing Plans shall be submitted on forms provided by the City and shall include, at a minimum, the following information:

8. Cost of recycling collection and processing equipment, the financial institution used and type of financing obtained; and

C. The Bureau shall review each submitted Recycling Collection and Processing Plan to determine if the plan sets out reasonable means and methods to deliver high quality recycling to City residents, and which are capable of meeting Administrative Rule standards for residential recycling service delivery. Independent Recyclers and Recycling Districts shall be notified in writing by the City as to the acceptability of their plans and any recommended modifications if approval is not given.

D. Failure to receive City approval of a plan shall result in denial of the City’s permission to provide recycling collection service and the appointment of another firm by the City to provide recycling collection service.

(Amended by Ordinance No. 165625, effective Aug. 1, 1992.) For all service levels of franchised residential service collection, rates and charges shall be as set forth in Figure 6 published at the end of Title 17.

(Added by Ordinance No. 165625; amended by 169103 and 171812, effective December 26, 1997.)

A. Any residential putrescible waste collected in containers exceeding two yards capacity, by a Commercial Permittee or Franchisee collecting outside the Franchisee’s territory, shall be emptied within seven days of the empty container being placed at the residence.

B. Commercial Permittees are prohibited from providing collection of any putrescible waste on a Regular Basis to residential customers without the express written permission of the Franchisee in whose territory the collection would be occurring.

C. Within the City, Franchisees are prohibited from providing containers larger than two cubic yards which are emptied on a regular basis to residential customers outside their franchise territory.

A. No person shall provide commercial collection of solid waste and recyclable material within the City without having obtained an annual commercial collection permit from the Bureau of Environmental Services, except as provided in Section 17.102.122. Permits shall be issued for the year beginning July 1 and ending June 30.

B. Permittees must comply with Administrative Rules promulgated under Section 17.102.030, including provision of recycling collection to all who receive collection of solid waste.

C. Under ORS 459A.070 permittees may charge a person who source separates recyclable material - and makes it available for reuse or recycling - less, but not more, for collection and disposal of solid waste and collection of recyclable material than the collection service charges a person who does not source separate recyclable material.

D. Any person who provides commercial collection of solid waste within the City without a current commercial collection permit from BES shall be subject to a civil penalty of up to $500 per day.

E. No person who is not authorized by the Customer may remove recyclable material that is set out by the Customer for recycling.

F. As provided in Section 29.20.140 of the City Code, owners of Multifamily rental dwellings may not Self-haul Solid Waste generated by their tenants, but must contract for waste collection services from a Permittee.

(Added by Ordinance 171812, effective December 26, 1997.) The Director may revoke or deny renewal of a Commercial Collection Permit for serious violations of the Commercial Administrative Rules for Solid Waste and Recycling or under other conditions as follows:

A. Any Commercial Permittee who has accumulated within a 365-day period more than five serious violations.

B. Any Permittee whose solid waste collection from commercial accounts in Portland during the previous four calendar quarters was more than 2000 tons, and who has accumulated within a 365-day period more than two serious violations per 2000 tons of solid waste collected during the previous four calendar quarters.

C. Any Permittee whose solid waste collection from commercial accounts in Portland during the previous four calendar quarters was 2000 tons or less and who has accumulated within a 365-day period more than three serious violations.

E. Any Permittee who has been found by a court of competent jurisdiction to have practiced any fraud or deceit upon the City.

(Added by Ordinance No. 169103, effective July 19, 1995.) A commercial collection permit is not required for the collection or transportation of commercial solid waste and recyclable materials by the following persons:

A. Persons transporting solid waste or recyclable material collected outside the City;

B. A contractor employed to demolish, construct or remodel a building or structure, including, but not limited to, land clearing operations and construction wastes, when collecting or transporting wastes created in connection with such employment;

C. Landscapers, gardeners, tree service contractors, janitors or renderers when collecting or transporting wastes created in connection with such employment;

D. Persons collecting or transporting only waste tires under a valid waste tire storage or carrier permit pursuant to OAR Chapter 340.

E. Persons transporting only reusable beverage containers as defined in ORS 459A;

F. Federal or state agencies that collect, store, transport and dispose of solid waste or those who contract with such agencies to perform the service, but only insofar as the service is performed by or for such agencies; and

(Amended by Ordinance Nos. 166561, 169103, and 171812, effective December 26, 1997.) Applications for commercial collection permits shall be made to the Bureau of Environmental Services on forms provided by the Bureau, no later than the deadline stated on the form. The application shall include:

A. The name, street and mailing address, and business telephone number of the applicant;

B. Applicant business ownership information, responsible official and contact person;

(Amended by Ordinance Nos. 165625, 166561, 168081, 169103, and 171812, effective December 26, 1997.) Commercial permittees shall, when invoiced quarterly by the Bureau of Environmental Services, pay a tonnage fee to the City. Fees shall be assessed up to $3.15 per ton of commercial solid waste collected within the City and deposited in disposal facilities authorized by Metro. Payments shall be made within 30 days of the date of the invoice. Interest shall accrue at 1-1/2% per month on balances which remain unpaid as of 30 days after the date of invoice, compounded daily from the due date.

(Amended by Ordinance Nos. 168081 and 169103, effective July 19, 1995.) Except as otherwise required by law, it shall be unlawful for the Bureau or any officer, employee, or agent, to divulge, release, or make known in any manner any information submitted or disclosed to the City under terms of Sections 17.102.155 or 17.102.170. Nothing in this Section shall be construed to prohibit:

A. The disclosure of the names and addresses of any persons to whom permits have been issued; or

B. The disclosure of general statistics in a form which would prevent the identification of financial information regarding any individual permittee.

A. No person shall provide service as an Independent Commercial Recycler within the City without having registered with the Bureau of Environmental Services, by providing the Bureau with a copy of their City of Portland Business License, or with their Business License number.

B. Any person who provides service as an Independent Commercial Recycler within the City without having so registered with the City shall be subject to a civil penalty of up to $500 per day.

C. All Independent Commercial Recyclers shall report quarterly to the Bureau on the amounts of recyclables collected in the City, on forms provided by the Bureau.

A. The purpose of this Section is to establish a Hazardous Waste Remedial Action Surcharge (surcharge) to be used for conducting remedial actions related to formerly City operated disposal sites for which the City is liable under the law and to implement the requirements of ORS 459.311. The surcharge will be imposed on all persons who dispose of solid waste collected within the City limits. The surcharge shall be dedicated to paying for remedial action costs. Remedial action costs also includes the cost of relieving debt incurred in conjunction with a remedial action, administrative costs and an increment to cover any delinquencies in collection. This surcharge shall be within the limits established by state law.

a. The unit of measurement used to define the type of solid waste collection service purchased by customers of solid waste collectors, such as one can per week service, two can per week service, mini-can service, roller-cart service, dumpster service, etc.; and

b. The unit of measurement used to define charges for disposal of solid waste at a solid waste disposal site, such as one car load, one pickup truck load, etc.

2. “Remedial action” means those actions consistent with a permanent remedial action taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of a hazardous substance so that it does not migrate to cause substantial danger to present or future public health, safety, or the environment. “Remedial action” includes, but is not limited to:

a. Such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous substances and associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on site treatment or Incineration, provision of alternative drinking and household water supplies, and any monitoring reasonably required to assure that such actions protect the public health, safety, welfare and the environment.

b. Off site transport and off site storage, treatment, destruction or secure disposition of hazardous substances and associated contaminated materials.

c. Such actions as may be necessary to monitor, assess, evaluate or investigate a release or threat of release.

3. “Remedial action costs” means reasonable costs which are attributable to or associated with a removal or remedial action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts and health studies. Remedial costs also include the cost of retiring debt incurred in conjunction with a remedial action, administrative costs and an increment to cover any delinquencies in collection.

4. “Solid waste collector” means any person who is subject to a franchise license or permit granted by the City to collect solid waste within the City.

5. “Solid waste disposal site” means land and facilities used for the disposal, handling or transfer of or resource recovery from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, resource recovery facilities, incinerators for solid waste delivered by the public or by a solid waste collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site; but the term does not include a facility subject to the permit requirements of ORS 468.740; a landfill site which is used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar nondecomposable material, unless the site is used by the public either directly or through a solid waste collection service; or a site operated by a wrecker issued a certificate under ORS 822.110.

C. Amount of surcharge. The surcharge may be based on weight or volume of solid waste and shall be $0.20 per cubic yard if measured by volume or $1.50 per ton if measured by weight.

D. Applicability of surcharge. The surcharge shall apply to solid waste collected or disposed of within the City after January 31, 1991 and shall continue until the applicable remedial action costs have been paid. In the event the City sets uniform solid waste collection rates for waste collected within the City limits, the surcharge shall be included in the rates.

1. Each solid waste collector shall bill his or her customers in proportion to the weight or volume of solid waste collected from each customer. Where the City has not set a waste collection rate each solid waste collector shall make reasonable estimates for the average weight or volume of solid waste associated with each class of service provided by that solid waste collector. Customers receiving each class of service shall be billed so that each customer pays the same amount of remedial action cost surcharge for each unit of solid waste generated, based upon the estimated weight or volume of solid waste associated with that customer’s class of service.

2. Where persons dispose of their waste without the services of a permitted or franchised solid waste collector, each owner of a solid waste disposal site shall make reasonable estimates of the average weight or volume of solid waste associated with each class of service provided to persons disposing of solid waste at that owner’s solid waste disposal sites. Persons disposing of solid waste collected within the City limits shall be billed so that each persons pays the same amount for each unit of solid waste disposed of, based upon the estimated weight or volume of solid waste associated with that person’s class of service.

3. Payment of surcharge. Each solid waste collector or owner of a solid waste disposal site, when invoiced by the City for a surcharge, shall remit the amount invoiced within 30 days the City’s date of invoice. Interest rates shall be charged on invoice not paid within 30 days of the date of invoice. Interest shall accrue at l-1/2 percent on the unpaid balance 30 days after the date of invoice, compounded daily from the due date. The collector of the surcharge may retain five percent of the surcharge to cover administrative costs. The remainder shall be remitted to the City.

4. Responsibilities of surcharge collector. The collector of the surcharge shall provide such reports and accounting of proceeds of the remedial action costs surcharge as may be required by the Director of the Bureau of Environmental Services. The collector of the surcharge shall not be responsible for any shortage caused by the failure of a customer to pay charges for solid waste collection.

5. Limits of the surcharge. The surcharge revenues shall be placed in an account dedicated to paying for remedial action costs approved by the Council. The surcharge shall be within the limits established by state law.

(Added by Ordinance No. 169103; amended by 171812, effective December 26, 1997.)

1. All Businesses within the City shall recycle their recyclable materials in compliance with Administrative Rules established by the Bureau of Environmental Services.

2. All Multifamily Complexes within the City shall establish recycling systems, for their tenants’ use, in compliance with Administrative Rules established by the Bureau of Environmental Services.

3. For all building projects within the City where the total job cost (including both demolition and construction phases) exceeds $50,000, the general contractor shall ensure that certain materials generated on the job site are recycled in compliance with Administrative Rules established by the Bureau of Environmental Services. For an affected building project where there is no general contractor, this requirement applies to the property owner.

B. City monitoring of compliance will be accomplished through Customers’ and Self-haulers’ completion of Recycling Plan Forms and City review of those forms, as well as through City inspection of onsite recycling and waste systems.

C. Reporting Requirements. All Independent Commercial Recyclers and all Businesses or Multifamily Complexes which self-haul at least 25 tons of recyclables per year, shall report to the City quarterly on the quantities of recyclables collected in the City, using forms provided by the Bureau.

D. Any Business or any other Person may sell or exchange at fair market value its own recyclable materials which are source separated for reuse or recycling. This Chapter and any Administrative Rules promulgated hereunder are not intended to limit the ability of any Person to compete openly to provide recycling collection service to businesses within the City of Portland.

A. All fees, civil penalties and interest received by the Bureau of Environmental Services with respect to solid waste collection or disposal shall be deposited with the City Treasurer and credited to the Refuse Disposal Fund.

B. Such fees, civil penalties and interest and any other fees or charges collected by the Bureau of Environmental Services with respect to solid waste collection and disposal shall be used for administration, implementation and operation of solid waste and recycling programs. The Bureau may spend or apply such fees and charges to implement and administer solid waste and recycling policies approved by the Council.

C. The proceeds from the City’s sale of a forfeited franchise shall be deposited with the City Treasurer and credited to the Refuse Disposal Fund. such proceeds shall be used to offset the City’s costs of the process of replacing a franchisee, including its costs for providing any necessary temporary services, and to offset program costs to the public.

(Amended by Ordinance Nos. 166561, 168081, and 171812, effective December 26, 1997.)

A. All fees, penalties and interest imposed by this Chapter shall be a debt due and owing to the City of Portland and may be collected by civil action in the name of the City of Portland. Any penalties remaining unpaid after the due date shall accrue interest at 1-1/2% per month, compounded daily from the due date. In addition, the City may revoke or deny renewal of any commercial collection permit to permittees who have not paid commercial permit or tonnage fees or infraction assessments by the deadlines provided in this Chapter or in Administrative Rules adopted pursuant to this Chapter.

B. Fees, penalties and interest shall be enforced and collected by the Bureau of Environmental Services. The Bureau may waive or reduce any penalties for good cause, according to and consistent with written policies. The Director of the Bureau of Environmental Services may refer collection and enforcement to another City Agency.

A. On an annual basis, beginning January 1993, the Bureau shall prepare a report on the status and performance of the franchise collection system for the City Council. The report shall comment on progress toward achievement of the relevant goals stated in Section 17.102.010 of this Chapter, and in Bureau budget documents.

B. Commencing at least five years prior to the expiration of the initial franchise term, the City Council shall evaluate the franchise system to determine if the system is achieving waste reduction, increased recycling, and cost-effective collection service. Such evaluation shall include an opportunity for public discussion and comment.

(Added by Ordinance No. 171812, effective December 26, 1997.) The Director is hereby authorized to administer and enforce the provisions of this Chapter.

(Amended by Ordinance No. 169103, effective July 19, 1995.) Any person receiving a Notice of Assessment shall, within 15 calendar days of issuance of a written Notice of Assessment pay to the City the stated amount of the Assessment or request an appeal hearing a Code Hearings Officer in accordance with procedures set forth in Chapter 22 of the City Code. The filing of an appeal of an Assessment shall stay the effective date of the Assessment until the appeal is determined by the Code Hearings Officer. If, pursuant to said appeal hearing, a payment of Assessment is ordered, such payment must be received by the City or postmarked within 15 calendar days after the order becomes final.

A. To reduce the Solid Waste collection costs to residential and commercial customers caused by illegal dumping.

B. To coordinate with various City Bureaus who find evidence about the identity of illegal dumpers in Solid Wastes collected on private and public property.

C. To actively cooperate with Metro in carrying out the provisions related to illegal dumping in the Regional Solid Waste Management Plan.

A. No person shall transport or carry, or direct another person to transport or carry, any solid waste or recyclable material in or on a vehicle unless the solid waste or recyclable material is:

1. Completely covered on all sides and on the top and bottom and the cover is securely fastened to the body of the vehicle; or

2. Contained in the body of the vehicle in such a way as to prevent any part of the solid waste or recyclable material from being deposited upon any property, road, right-of-way or driveway within the City of Portland.

B. No person shall deposit solid waste or recyclable materials, other than in receptacles provided for this purpose, upon the private property of another person without the permission of the owner or upon any public property other than at a Metro-designated facility.

C. No person shall transport wastes from food processing or food wastes intended for use as animal feed or to be further processed except as provided in Subsection 8.36.070.

A. Any person who violates Subsection 17.102.250.A shall be subject to a civil penalty of not more than $500 for each violation.

2. An award of costs to reimburse the City for actual expenses incurred by the City, limited to the following:

C. Notwithstanding Subsection B of this Section, the minimum penalty for any business entity violating Subsection 17.102.250 by illegally depositing solid waste determined to be in excess of 128 cubic feet shall be $500. The maximum penalty shall be $2000.

D. In calculating the amount of any civil penalty to be assessed under this Section, the Director shall consider the following criteria:

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

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

5. Whether the facts underlying the violation have been considered in a previous proceeding; and

E. The remedies provided by this ordinance are in addition to, not in lieu of, any other remedies available against a person alleged to have violated any provision of this Chapter. The City, or any person or governmental entity, may take any other authorized legal or equitable action necessary to abate a nuisance, impose criminal sanctions or collect damages, regardless of whether an action has been commenced under this Chapter. Violation of Section 17.102.250 is hereby declared to be a nuisance and subject to abatement or injunction as any other nuisance.

A. The Director may adopt procedures for issuing rewards for information leading to the identification of persons engaging in illegal dumping. In no case shall the reward exceed $500.

B. When determining the amount of the reward, the Director shall consider the following:

1. The usefulness of the information provided and the assistance in identifying the alleged violator;

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

A. The Director may issue a warning of an alleged violation under this Chapter based upon information tending to show a person has violated Section 17.102.250.

B. If issued, a warning notice shall be in writing and shall be delivered to the alleged violator in person or in any other manner reasonably calculated to give notice of the violation, including but not limited to posting of the warning in a prominent location on the property or by United States first-class mail, postage prepaid.

C. The Director may issue cumulative notices and/or warnings in any sequence to a violator of Section 17.102.250.

(Added by Ordinance No. 169817, effective Feb. 21, 1996.) A notice of civil penalty shall be used for all violations to be enforced under this Chapter.

A. The Notice of Civil Penalty shall be effective and final 15 days after the giving of notice. Any person who has been directed by the Director to pay a civil penalty may appeal the Director’s action to the Code Hearings Officer of the City of Portland, as set out in Chapter 22.10 of this Code.

B. In any appeal before the Code Hearings Officer, a name found on several items of deposited solid waste shall constitute rebuttable evidence that the person whose name appears on the items has violated Section 17.102.250. The rebuttable presumption created by this subsection exists only when a name on items denotes ownership of the items, such as the name of an addressee on an envelope.

C. In any appeal before the Code Hearings Officer in which the Director has assessed civil penalties under Section 17.102.300, the City must prove by a preponderance of evidence that a person has violated the terms of Section 17.102.250.

A. Penalties and costs are payable upon receipt of the final order imposing penalties and costs. Penalties and costs under this Chapter are a debt owing to the City and may be collected in the same manner as any other debt.

B. The City may initiate appropriate legal action in any court of competent jurisdiction to enforce the provisions of any written settlement or final order of the Hearings Officer.

A. Any Person who owns and resides in that residence or Business who owns or rents their business property who receives a Notice of Warning or Notice of Civil Penalty under sections 17.102.290 or 17.102.300 or has been assessed a civil penalty under section 17.102.310 shall subscribe to and pay for the regular weekly collection of solid waste service by a refuse collection permittee as defined in Section 17.102 of the Code of the City of Portland. However, any Person who rents residential property shall be subject to the Housing Maintenance Regulations of Title 29 of the City Code.

B. Any Person or Business Entity who is required to provide such refuse collection shall provide for receptacles with a capacity sufficient to prevent the overflow of garbage and rubbish from occurring, into which solid wastes may be emptied for the storage between days of collection.

C. Any Person or Business who fails to subscribe for such solid waste service within 14 days of notice shall be subject to a civil penalty equal to the cost of the required container plus administrative costs.

Full Cost incurred by the City for inspection and oversight of moving operations.

Residential Solid Waste and Recycling rates and charges include recycling services as outlined in City Administrative Rules. If the need for a type of service arises that is not now foreseen or specifically covered by this rate schedule, then the charge for such service shall be:

2. Commensurate with the rates generally charged in the Portland Metropolitan Area;

3. Subject to approval by the City of Portland, Bureau of Environmental Services Director.

Non-curbside service is available at small multiplexes for cans and rollcarts at an additional monthly charge of $3 per can and $6 per rollcart.

The terrain charge is applicable per account, rather than per unit, for services within the territory designated on Figure 6-1.

For yard debris services, extras accrue on a per account, rather than per unit, basis.

"Excess distance" is applicable to any collection beyond 75 feet from the curb. This charge is in addition to the

"Clean-up containers" include hauler-provided containers, which are provided as requested by the customer for

"Multifamily" means any multidwelling building or combination of buildings on a single tax lot in the residential

"Non-curb surcharge" is the charge for collection service provided beyond curbside.

"Terrain differential" is applicable to services within the territory designated on Figure 6-1.

Figure 9 (Section 17.38.060) (Added by Ordinance No. 172641, effective August 26, 1998.)

Area

Rate ($ per cubic yard)

Maximum Cubic Yards of Fill (Unbalanced)

Core

300

Edge

250

Two Hypothetical Examples of Qualified Public Improvement Credit Calculations:

Donation proposal: 1 mile of Greenway expansion @ $2,112,000 (5280 LF x 10' x $40/SF)

public improvement Greenway enhancements: 5280 LF @ $500/LF (for concrete walkway,

Credit transfer 25% of Appraised Land Value: $2,112,000 x 25% = Credit Transfer ($528,000)

Credit transfer Credit ($8,056,250) - [50% of non-Greenway QPI ($3,832250 x 50%) + Greenway

available: Improvement ($2,112,000) + 75% of Greenway Expansion ($2,112,000 x 75%)]