ORDINANCE No. 182456

*Allow additional enforcement remedies and specify responsible parties subject to enforcement for vehicles and traffic violations (Ordinance; amend Code Sections 3.30.050 and 16.20.160)

The City of Portland Ordains:

Section 1. The Council Finds:

1.  PCC 3 grants the Bureau of Development Services the authority to enforce violations related to Title 16 regulations that prohibit vehicle sales and repair businesses from parking and storing vehicles under the custody of the vehicles sales and repair business in the public right-of-way.

2.  PCC 3 grants the Bureau of Development Services the authority to issue parking citations and order the towing and storage and/or removal of such vehicles and objects in violation of Title 16 Vehicle and Traffic regulations.

3.  PCC 3 needs to be revised to make violations of Title 16 vehicle and traffic regulations subject to the Bureau of Development Services enforcement remedies, in addition to the existing authority to issue parking citations and order the towing and storage of vehicles and objects.

4.  PCC 16 needs to be revised to reflect the appropriate parties responsible for compliance with Title 16 Vehicle and Traffic regulations and subject to the Bureau of Development Services enforcement remedies.

5.  The Citizens of Portland will benefit from the additional enforcement tools available to the Bureau of Development Services, such as focusing appropriate enforcement on the entity responsible for the violation and providing an appropriate incentive to correct violations.

NOW, THEREFORE, the Council directs:

a.  Portland City Code 3.30.050 is amended to read as follows:

3.30.050 Special Jurisdiction.

The Bureau of Development Services shall have authority to enforce Section 14A.20.070, and Subsections 16.10.200 L., 16.20.120 H., and 16.20.130 I., 16.20.160 and Sections 16.20.170, 16.70.450 and 16.70.800. The Bureau shall have authority to issue parking citations and order the towing and storage and/or removal of such vehicles and objects. In addition, violations of Section 16.20.160 are also subject to the Bureau of Development Services enforcement remedies as described in Subsection 3.30.040.C.

b.  Portland City Code 16.20.160 is amended to read as follows:

16.20.160 Use of Streets in Lieu of Off-street Parking or Storage Prohibited.

A. It is unlawful for any person engaged in the public vehicle parking business, or in the vehicle sales, repair, or servicing business to cause or permit a vehicle to be parked on a street, alley, lane, or other public right of way while such vehicle is in the custody, control, or possession of the business for the purpose of being parked, offered for sale, repaired, or serviced.

B. As used in this Section, "public vehicle parking business" means the business of offering off-street vehicle parking or storage for a fee; "vehicle sales, repair, or servicing business" means the business of offering new or used vehicles for sale, lease, or rent, or of offering vehicle repairs or servicing; "vehicle" means any device, including any major portion or part thereof, in, on, upon, or by which any person or property may be transported or drawn upon a public highway except a device moved exclusively by human power, or used exclusively upon stationary rails or tracks. ; "person" shall be the owner or operator of the business.

C. If a vehicle is parked on a street, alley, or lane, or other public right of way while in the custody, control, or possession of a public vehicle parking business or a vehicle sales, repair, or servicing business for the purpose of being parked or stored, offered for sale, lease, or rent, or being serviced or repaired, it is prima facie evidence that the person engaged in such business caused or permitted such vehicle to be so parked.

D. It is unlawful for any business entity to store more than one vehicle on any block face between the hours of 8:00 p.m. and 6:00 a.m.

E. The owner of the business, operator of the business, or the owner of the property where the business is located shall be the party responsible for any violation of this Section.

Section 2. The Council declares that an emergency exists because the Bureau of Development Services has active and ongoing compliance cases dealing with impact to Portland citizens; therefore, this ordinance shall be in full force and effect from and after its passage by Council.

Passed by the Council, December 24, 2008

Commissioner Randy Leonard        GARY BLACKMER

Mike Liefeld, BDS            Auditor of the City of Portland

December 17, 2008            By: /s/ Emily Matasar

BACKING SHEET INFORMATION

AGENDA NO. 1767, 1806-2008

ACTION TAKEN:

DEC 17 2008 CONTINUED TO DEC 24 2008 9:30 A.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182456