Chapter 15.04
EMERGENCY CODE
(New Chapter substituted by
Ordinance No. 172303, effective
May 27, 1998.)
Sections:
15.04.010 Title.
15.04.020 Purpose.
15.04.030 Definitions.
15.04.040 Declaration of State of Emergency.
15.04.010 Title.
This title shall be known as the “Emergency Code.”
15.04.020 Purpose.
The purpose of this Code is to provide for regulations which set forth the responsibilities of the City in the event an emergency or disaster exists within the City. The regulations are intended to reduce the vulnerability of the City to loss of life, injury to persons or property and human suffering and financial loss resulting from emergencies and to assign authority and responsibilities to various City bureaus. The State has assigned the responsibility for responding to emergencies and disasters to local governments.
15.04.030 Definitions.
A. Disaster means an occurrence of imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural, technological or human-made cause including fire, flood, earthquake, windstorm, wave action, oil spill or other contamination, radioactive incident, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile or paramilitary action, or structure failure of a dam, building or infrastructure, or other public calamity requiring emergency action.
B. Emergency means any human-made, technological or natural event or circumstance causing or threatening: loss of life, injury to persons or property, human suffering or financial loss including but not limited to fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of petroleum products or other hazardous material, contamination, utility or transportation emergencies, disease, blight, infestation, unmanageable crisis influx of migrants, civil disturbance, riot, sabotage and war.
C. State of emergency means a situation which involves an emergency or a disaster.
15.04.040 Declaration of State of Emergency.
A. A state of emergency exists when:
1. The situation requires a coordinated response beyond that which occurs routinely;
2. The required response is not achievable solely with the added resources acquired through mutual aid or cooperative assistance agreements; and
3. The Mayor or other City official as provided in PCC 15.08.010 has declared that a state of emergency or disaster exists by proclamation.
B. The declaration shall be in writing, shall designate the geographic boundaries of the area in which the state of emergency exists, and shall fix the duration of time in which the state of emergency shall exist. The initial duration shall not exceed a two-week period, but may be extended in two-week increments.
C. The Mayor shall have the power to request the Governor to declare a state of emergency or disaster within the City. The request must be submitted by the Mayor through the governing body of Multnomah County.
D. The Mayor shall terminate the state of emergency by proclamation when the emergency no longer exists or when the threat of an emergency has passed, and if the Governor has declared a state of emergency, shall ask the Governor to terminate the declaration.
Chapter 15.08
EXECUTIVE RESPONSIBILITY
(New Chapter substituted by
Ordinance No. 172303, effective
May 27, 1998.)
Sections:
15.08.010 Mayor and Successor to Mayor.
15.08.020 Authority.
15.08.030 Declaration of Nuisance.
15.08.040 Enforcement.
15.08.050 Controlling Provisions
15.08.010 Mayor and Successor to Mayor.
A. The Mayor is the Chief Executive of the City of Portland. If the Mayor, for any reason, is unable or unavailable to perform the duties of office under this Code during a state of emergency, the duties shall be performed by the first of the following who is able and available:
1. The President of the Council;
2. The Council member who has most recently served as President of the Council;
3. The Council member holding the position with the lowest number;
4. The first of the City officials in the order listed in Section 2-206(g) of the Charter of the City of Portland.
B. The powers of the successor to the Mayor shall be the same as the Mayor and the duration of succession shall be until such time as the Mayor is able to perform the duties of office.
15.08.020 Authority.
A. Upon the declaration of a state of emergency, the Mayor shall assume centralized control and shall have authority over all bureaus, departments and other City offices as among other powers. The Mayor may delegate any administrative or operative authority vested in the Mayor.
B. In addition to other powers granted to the Mayor, the Mayor may:
1. Utilize all City owned resources;
2. Designate persons to coordinate the work of public and private relief agencies operating in the area and exclude from the area, any person or agency refusing to cooperate and work under the Coordinator or to coordinate with other agencies engaged in the emergency work.
3. Regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods and services.
4. Order the removal of debris and wreckage which may threaten the public health or safety on public or private property consistent with the provisions of PCC 15.08.030.
5. Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the same on any public street leading to the area designated as an emergency area for such distance as may be deemed necessary under the circumstances.
6. Prohibit or limit the number of persons who may gather or congregate upon any public street, public place or any outdoor place within the area designated as an emergency area.
7. Establish a curfew for the designated emergency area which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places.
8. To the extent allowed by law, prohibit the sale, carrying or possession of any weapons or explosives of any kind on public streets or public places.
9. Establish rent controls and provide temporary or permanent housing by purchase, lease or otherwise and to enter into arrangements necessary to prepare or equip the living units for occupancy.
10. Order the evacuation of persons from designated areas as necessary.
11. Order such other measures as may be necessary to protect the life, safety and health of persons or the safety of property.
12. Adopt rules for the expeditious issuance of permits necessary to address issues that arise from the emergency or disaster.
13. Enter into contracts to the extent authorized by Charter, PCC 8.104 and 8.105.
15.08.030 Declaration of Nuisance.
A. Debris or wreckage resulting from a natural disaster or emergency situation is declared to be a nuisance.
B. The nuisance shall be abated as provided by City Code, however, in situations where the public health or safety may be in danger, the City may summarily abate the nuisance and assess the property for the actual cost. Assessment procedures shall be followed.
15.08.040 Enforcement.
Any person who violates any emergency measure shall be subject to a civil penalty of not more than $500 per occurrence. Enforcement shall be by the Code Hearings Officer in accordance with the provisions of Title 22.
15.08.050 Controlling Provisions.
In the event of an emergency, these Code provisions shall control over any conflicting Code provisions.
Chapter 15.12
OFFICE OF EMERGENCY
MANAGEMENT
(New Chapter substituted by
Ordinance No. 172303, effective
May 27, 1998.)
Sections:
15.12.010 Organization.
15.12.020 Duties.
15.12.010 Organization.
The Office of Emergency Management shall be directly responsible to the Mayor and shall be supervised by the City Fire Chief.
15.12.020 Duties.
It shall be the responsibility of the Office of Emergency Management to recommend to the City Council a basic emergency services plan to assist the Mayor in the performance of his/her duties by this Code. In order to develop and maintain a basic emergency services plan, the duties of the Office of Emergency Management shall include, but not be limited to the following:
A. To have the authority to and cause those officials of City departments, bureaus or offices with emergency services capabilities to prepare coordinated annexes to the basic emergency services plan. Such departments, bureaus, and offices shall include, but not be limited to, the following:
1. Bureau of Environmental Services;
2. Office of Finance and Administration;
3. Bureau of Fire, Rescue & Emergency Services;
4. Bureau of Maintenance;
5. Bureau of Police;
6. Bureau of Water Works;
7. Bureau of Emergency Communication;
8. Bureau of General Services; and
9. Bureau of Buildings.
B. To provide a plan for the procurement of personnel, equipment, material and supplies from City and private sources, for use in the event of a state of emergency, and to provide for the accounting of the procurements.
C. To provide a plan for the coordination of emergency plans, programs and operations of federal, state and county agencies, and other public or private agencies and corporations with emergency service capabilities.
D. To annually review the basic emergency services plan and submit to the City Council, during the month of December each year, the results of the review and any recommendations for revision.
E. To provide for, with the consent of the Council, coordinated operations under simulated state of emergency conditions.
F. To provide training and exercises to keep city emergency responders proficient in their emergency response and recovery roles and skills.