EXHIBIT A
City Code Title 17 is amended as follows:
1. Amend Section 17.04.040 as follows:
The term “sewer” as used in this Title means any sewer as defined in Section 9-102 of the City Charter.
2. Amend Section 17.04.060 as follows:
(Amended by Ordinance No. 177124, effective January 10, 2003.) “Local improvement” means an improvement of, on, over or under property that is or will be 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 benefit on certain properties, and such properties are to be charged through assessment all or a portion of the improvement cost.
3. Amend Subsection 17.08.080 C as follows:
C. If there are no significant changes to scope or cost of improvements or if City Council has approved significant changes to scope or cost of improvements as provided in this section, the Responsible Engineer may issue a Notice to Proceed to begin construction as the Responsible Engineer finds appropriate. Construction of the local improvement shall be in substantial accordance with the plans and specifications adopted by the Responsible Engineer.The Responsible Engineer may issue a Notice to Proceed to begin construction provided that:
1. There are no significant changes to the scope of the local improvements; or
2. There are no significant changes to the preliminary estimate of assessments for the benefiting properties in the local improvement district; or
3. The City Council has approved significant changes to scope and/or cost of the improvements as provided in this section.
Construction of the local improvement shall be in substantial accordance with the plans and specifications adopted by the Responsible Engineer.
4. Amend Subsection 17.08.100 E as follows:
E. If a local improvement is substantially complete except for a contract disputecloseout, or if a scope of improvement included in the construction contract but not included in the local improvement is incomplete, the Responsible Engineer at the discretion of the Responsible Bureau may file a written report attesting that the local improvements are complete in lieu of a certificate of completion. The Local Improvement District Administrator will file a copy of this written report with the final assessment ordinance to accept the local improvement district project as complete. The provisions set forth in Section 17.08.100.A apply, except that the written report substitutes for the certificate of completion. Any further project or financing costs incurred subsequent to final assessment will be the responsibility of the Responsible Bureau, not of the property owners.
5. Amend Subsection 17.08.130 D.2.d as follows:
d. Include a statement that the project has been constructed as provided in the adopted plans and specifications adopted, and, if the provisions set forth in Section 17.08.100 E. have been invoked, a copy of the written report from the City Engineer attesting that the local improvements are complete in-lieu of a certificate of completion; and
6. Repeal Section 17.12.125 in its entirety.
7. Amend Section 17.12.130 as follows:
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 City Auditor.
B. Applications shall be made to the City Auditor and shall include:
1. A legal description of each tract to be segregated;
2. Documentation demonstrating that each tract to be segregated is a lot or parcel created by a subdivision, or partition or other division of the original tract of land in accordance with ORS 92.010 to 92.190, and is consistent with all applicable comprehensive plans;
3. 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
4. A full legal description that will be assigned by the County Assessor for each lot or parcel that is created as a result of the segregation.
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 120200% 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. If the original tract has been divided by filing of a condominium plat, the applicant for segregation may propose an alternative, equitable basis for computing segregation of the lien. The alternative proposed segregation shall be subject to the Council’s approval by ordinance.
E. A segregation for the purpose of a lease shall remain the primary obligation of the property owner.
E. F. No assessment shall be segregated until all outstanding delinquent City liens on the property are brought current.
F. 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. The fee will be based in part on the number of lots or parcels that result from the segregation. The segregation fee may be amended from time to time and shall be stated in the Fees & Charges schedule maintained in the Assessments Division of the City Auditor’s office.
8. Amend Subsection 17.19.030 A as follows:.
A. The Northwest Transportation Fund fee is set at of $2.90 is based upon a cost per square foot of non-residential development up to the amount of floor area allowed by Title 33, Planning and Zoning. Any appeal of the application of the Northwest Transportation Fund fee is to the Director of Transportation. The Director of Transportation may establish an appeal fee that will cover the full cost of processing the appeal.
9. Amend Subsection 17.23.020 C as follows:
C. “City Engineer” shall mean the duly appointed City Engineer, or any lawfully appointed subordinate of the City Engineer, acting under his the orders of the City Engineer.
10. Amend Section 17.23.050 to add a new Subsection and move Subsection F to a new Subsection G, as follows:
F. Not withstanding the other provisions of this Section, the City Engineer shall have the authority to implement additional requirements for permits in the Special Traffic Control District when conditions in the downtown require more stringent regulations.
FG. Nothing contained herein shall limit the authority of the City Engineer in maintaining public peace and safety and upon request from the City Engineer the party performing any work in the street area shall reopen the street area to its normal use within two hours of notification from the City Engineer.
11. Amend Section 17.25.070 as follows:
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 $1,000,000 (one million dollars) $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.
12. Amend Section 17.25.100 as follows:
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 other designated representative who shall state the grounds for his action, and the applicant or person whose permit has been revoked or suspended. The applicant or affected person may supply testimony in writing, by witness or otherwise; and may question witnesses on his own behalf or on behalf of the applicant, affected persons or the City. The Council shall hear and determine the appeal, and the decision of the Council shall be final and effective immediately.
13. Amend Section 17.26.040 as follows:
Each application for a permit to conduct business on a sidewalk shall be accompanied by an$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 $4030% of the yearly permit fee. Permits renewed prior to expiration do not require an application fee.
14. Amend Subsections E through G of Section 17.26.050 as follows:
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$1,000,000 (one million dollars) 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 devicevending cart, to be used for transport or to display approved items or services.
G. A separate application shall be required for each mobile container or devicevending cart to be used for transportation or display;
15. Amend Subsection 17.26.090 A as follows:
A. The applicant for a sidewalk vendor permit shall submit detailed scale drawings of the devicecart to be used, material specifications, and an isometric drawing in color of at least two views showing all four sides of the vending devicecart 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 Development Services for approval prior to issuing a permit. Vending devicescarts 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.
16. Amend Section 17.26.100 as follows:
Prior to the issuance of any permit, the Fire Marshal shall inspect and approve any mobile device or pushcartvending cart to assure the conformance of any cooking or heating apparatus with the provisions of the City Fire Code.
17. Amend 17.26.110 as follows:
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 and a finding of reasonable need.
18. Amend Subsection 17.26.130 A as follows:
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 pushcartvending cart, 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 pushcartvending cart, and, when externally located, the operator and trash receptacle.
2. The length of the mobile device or pushcartvending cart shall not exceed 6 feet.
3. The height of the mobile device or pushcartvending cart, excluding canopies, umbrellas, or transparent enclosures, shall not exceed 5 feet.
19. Amend Subsection 17.26.130 H as follows:
H. No permitted vending cart or device shall be left unattended on a sidewalk nor remain on the sidewalk between midnight and 6 a.m.
20. Amend Subsection 17.26.140 A.1. as follows:
1. All necessary permit fees. A fee of $20.
21. Amend Section 17.26.150 as follows:
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 based on the following findings:
1. Tthat such person has violated or failed to meet any of the provisions of this Chapter;
2. Tthat the cart operation has become detrimental to surrounding businesses and/or the public, due to either appearance or condition of the cart.
3. Aany required permit has been suspended, revoked or canceled; or
4. Tthe 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 the City Engineer has taken and the reasons therefore. 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.
22. Amend Section 17.26.180 as follows:
The placement of any vending 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 vending cart or device found on a sidewalk in violation of this Chapter and is authorized to store such vending cart or device until the owner thereof shall redeem it by paying the removal and storage charges therefore to be established by the Commissioner In Charge
23. Amend Subsection 17.28.020 B as follows:
B. Curbs shall be maintained by the City, except when in combination with the sidewalk and when they have been willfully damaged or damaged by tree roots. 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.
24. Amend Section 17.28.030 as follows:
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 therefore 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.
25. Amend Section 17.28.040 as follows:
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 designated agent or the occupant of the property intending to construct the same, shall obtain from the City Engineer a permit therefore, 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 designated agent or the occupant shall within 10 days thereafter begin the construction thereof and diligently prosecute the same to final completion.
26. Amend Section 17.28.050 as follows:
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 cost for the City to have the repairs made shall be assessed upon the property.
27. Amend Section 17.28.060 as follows:
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. IfBased on a finding of necessity, the City Engineer finds a temporary sidewalk to be necessary, he may permit installation of a temporary sidewalk thereof for a specified period in accordance with specifications he designated, and designate specifications for the temporary improvement.
28. Amend Section 17.28.065 C.3 as follows:
3. PavementPayment. The Bicycle Parking Fund fee is due to be paid upon issuance of a building permit. The Director of the Bureau of Transportation is authorized to refund the Bicycle Parking Fund fee where the development approved by building permit is not constructed and the building permit is cancelled.
29. Amend Subsection 17.28.110 C as follows:
C. Width of driveways. A permit to construct a driveway in the street area is subject to the following width provisions:
1. Residential driveway:
Private Property Minimum Maximum
Frontage Width Width
25 ft. or less 9 ft. 12 ft.
26 ft. to 50 ft. or less 9 ft. 20 ft.
51 ft. to 75 ft. 9 ft. 25 ft.
76 ft. to 100 ft. 9 ft. 30 ft.
If mMore than one driveway is desiredmay be allowed for 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 with the approval from the City Engineer or City Traffic Engineer. nNo less than 5 feet of straight curb must separate service driveways regardless of ownership. Each 100 feet of frontage, or fraction thereof, under single ownership shall, for purposes of this Chapter, be considered a separate frontage.
2. Commercial driveway:
Private Property Minimum Maximum
Frontage Width Width
50 ft. or less 10 ft. 20 ft.
51 ft. to 100 ft. 20 ft.* 30 ft.
*A commercial driveway for a residential use that provides access for 10 parking spaces or less can be a minimum width of 10 feet, provided the access is on a local service street and will be designed to allow forward motion of all vehicles. However, the City Engineer or City Traffic Engineer may establish conditions regarding width that are deemed necessary to ensure the safe and orderly flow of pedestrians, bicycles and vehicular traffic. These conditions are based on evaluation of speeds, volumes, sight distance, and any other transportation factors that are relevant.
If mMore than one driveway is desiredmay be allowed 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 with the approval from the City Engineer or City Traffic Engineer. nNo less than 5 feet of straight curb must separate service driveways under oneregardless of 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.
5. The City Engineer may require joint or shared use of a driveway by two properties in separate ownership. The City Engineer may recommend such conditions regarding the number, configuration, and use of driveways necessary to ensure the safe and orderly flow of pedestrians, bicycles, and vehicular traffic, preserve on-street parking, preserve or establish street trees, maximize opportunities for vegetated stormwater management, and reduce pedestrian conflicts with pedestrians and bicycles and enhance the pedestrian environment.
30. Amend Subsection 17.28.110 D as follows:
D. The City Engineer may refer any driveway permit application to the City Traffic Engineer and/or the Oregon Department of Transportation as appropriate, 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 found necessary to insure the safe and orderly flow of pedestrians, bicycles and vehicular traffic, and preserve on-street parking.
31. Amend Subsection 17.28.110 F as follows:
F. Revocability of driveway permits.
1. The City Engineer may revoke any driveway permit or require the modification of any driveway if:
a. The area occupied by the driveway is needed for the public convenience;
b. Continued operation of the driveway interferes with the safe and orderly flow of pedestrians, bicycles 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.
32. Amend Section 17.28.140 as follows:
The property owner shall be charged for the construction, reconstruction or repair of sidewalks, curbs and driveways. made by the City as follows: The cost for the City to have repairs made will be assessed upon the property.
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.
D. Curb. $23.75 per linear foot unit.
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.
F. Concrete saw cut. $4.25 per linear foot unit.
G. Root removal. $3.75 per square foot unit. The fee shall be based on the amount of ground area disturbed.
HA. Special structural, excavation and fill jobs and jobs in areas of traffic and pedestrian congestion shall be charged at the discretion of the City Engineer 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.
IB. 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.
33. Amend the title of Section 17.28.160 as follows:
17.28.160 Report of Past Due Bills - Assessment of Charges.
34. Amend Section 17.35.020 as follows:
Only those persons possessing a valid septage discharge permit issued from the City of Portland will be allowed to discharge septage at the Columbia Boulevard Wastewater Treatment Plant (CBWTP).
Subsections A. through B.5. remain unchanged.
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 EducationTraining Class.” Personnel of an approved septage hauler shall attend the City; ‘s Septage Hauler Education CourseTraining Class. The course class 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. Remains unchanged
35. Amend the title of Section 17.35.100 as follows:
17.35.100 Protectiong of the Public Interest.
36. Amend Subsection 17.41.020 D as follows:
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, or property or properties which has caused the instability of the public right-of-way.
37. Amend Section 17.41.030 as follows:
This Chapter applies to:
A. Landslides that originate on private property and deposit material on the public right-of-way; and
B. Landslides in unimproved public right-of-way as defined by Chapter 17.42 of this code.
BC. Landslides in public right-of-way caused by actions on property abutting such public right-of-way.
CD. Landslides that threaten the stability of the public right-of-way.
38. Amend Subsection 17.44.010 B as follows:
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 based on findings of necessity, grant permission for walls not exceeding a total of 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 that does not interfere with the public use of said street, but not exceeding 1 foot. The City Engineer, 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.
39. Amend Subsection 17.45.020 A.2 as follows:
2. For banners commemorating the four seasons of the year and Christmas holidays.
40. Amend Section 17.45.040 as follows:
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$1,000,000 (one million dollars) 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.
41. Amend Subsection 17.48.030 C as follows:
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 $1,000,000 (one million dollars); the insurance shall also contain a provision that it shall not be cancelable during the term of the permit.
42. Amend Section 17.48.040 as follows:
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 therefore by the City Engineer prior to the commencement of any movement; provided, however, that if any unforeseen difficulties are encountered and an 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 deemed 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 based on findings that the warning devices displayed by the mover to be are insufficient.
43. Amend Section 17.48.050 as follows:
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 of intent 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.
44. Amend Section 17.52.030 as follows:
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 29 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 the City Engineer shall so notify the owner and the Director of Superintendent of the Bureau of Parks and Recreation. Thereupon if the Director Superintendent of the Bureau of Parks and Recreation 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.
45. Amend Section 17.52.050 as follows:
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 permittee’s successor in Title to the abutting property to allow the tub or receptacle to remain in street area.
46. Amend Section 17.68.010 as follows:
(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. Any person injuring or destroying street lighting facilities shall repair and/or replace them in accordance with current design standards and the approval of the Bureau of Transportation. All costs shall be paid by the person that injures or destroys the street lighting facilities.
47. Amend Subsection 17.68.040 B as follows:
B. Design, plans and specifications for streetlights to be installed or altered shall be first approved by the Bureau of Street LightingTransportation.
48. Add Section 17.82.045 Driveway Access Plans as follows:
The City Engineer may require that future driveway locations be identified on plans submitted with the land division. The City Engineer may impose conditions of approval as appropriate and necessary regarding the number, configuration, and use of driveways necessary to ensure the safe and orderly flow of traffic, preserve on-street parking, preserve or establish street trees, maximize opportunities for vegetated stormwater management, reduce pedestrian conflicts, and enhance the pedestrian environment. The City Engineer may require access easements to facilitate joint or shared use of a driveway consistent with Chapter 17.28.
49. Amend Subsections A through D of Section 17.82.070 as follows:
The following improvements shall be installed at no cost to the public:
A. Streets: Public streets and public alleys within or adjacent to the land division shall be improved in accordance with the requirements of the City Engineer. Street inlets shall be installed and connected to storm sewers or other approved drainage facilities.
B. Public pedestrian and bicycle connections, within the Lland division site and located in public right-of-way or easements dedicated to the City, shall be improved in accordance with the requirements of the City Engineer.
C. Storm sewers and drainageways: Storm sewers and drainageways shall connect the Land division site to an approved drainage system (as defined in 17.38.030) within or outside the Lland division site as approved by the Chief Engineer of the Bureau of Environmental Services or the Bureau of Development Services. Design of these systems shall comply with the Bureau of Environmental Services Stormwater Management Manual and the Bureau of Environmental Services Design Manual.
D. Sanitary sewers: Sanitary sewers shall be installed to serve the Land division by extension of existing City sewers. In the event that the Chief Engineer of the Bureau of Environmental Services determines that it is impractical to connect the SubdivisionLand division site to the City sewer system, the Land division may be acceptedapproved with a private disposal system which has been approved by the State’s Department of Environmental Quality and the Bureau of Development Services.
50. Repeal and replace Section 17.84.030 Preliminary Consideration of Petition as follows:
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 City, the Auditor shall review the petition as provided by the statutes, and shall submit the petition to the Commissioner-in-Charge of the Bureau of Transportation, City Engineer and Bureau of Planning and Sustainability for review. The Commissioner in charge of the Bureau of Planning and Sustainability shall refer the petition to the Planning Commission for action. The Commissioner in charge of the Bureau of Planning and Sustainability shall prepare a report to Auditor containing the findings and recommendations of the Planning Commission and City Engineer, and shall submit the report and petition to Council for consideration. The report may include recommended conditions of approval. Upon receiving the report of the Commissioner, the Auditor shall file the petition and forward the petition and Commissioner’s report to the Council for its preliminary consideration as provided by ORS 271.100. This review process shall be completed before the City publishes or posts public notices of the contemplated vacation.
51. Amend Section 17.88.001 as follows:
The purpose of this chapter is to describe the requirements for a transportation impact study, to ensure an adequate level of street connections to serve land uses, and to ensure that improvements to these streets are made in conjunction with development consistent with fire, life safety, and access needs.
52. Amend Section 17.88.020 as follows:
All building permits and planning actions are subject to the following.
A. No single family, multiple dwelling, industrial or commercial building shall be constructed, or altered so as to increase its number of occupants, or make significant alterations to a building without resulting in increased occupancy, 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.
B. 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 adjustment, shall provide for such an improvement or a portion thereof as designated by the City Engineer, in accordance with provisions elsewhere in this Title.
C. Where, in the opinion of the City Engineer,Based on findings that a standard improvement it is not feasible to provide such a standard improvement, the City Engineer 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 cCounty in which property is located, stating that the present and future owners will be counted in favor of any proposed standard improvement of street. Fee for said filing and any other expense of the City incidental to accomplishing the temporary improvement shall be paid by the owner.
53. Amend Section 17.88.030 as follows:
Unless permitted as part of an approved Planned 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.
54. Amend the title and text of Section 17.88.060 as follows:
17.88.060 Dedication Prior to ConstructionPermit Approval.
No permit shall be issued for the construction of any dwellings or 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 streets dedicated to the public for street purposesuntil required dedications, as outlined in this Chapter, are complete.
55. Amend Section 17.88.070 as follows:
The Department of Public WorksBureau of Transportation, may, upon the request of the Commissioner In Charge of the Bureau of Parks and Recreation, 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 WorksBureau of Transportation shall not operate to remove the routes of travel from the jurisdiction and control of the Bureau of Parks and Recreation, and the planning and location of new routes shall remain the responsibility of, and in the jurisdiction of the Bureau of Parks and Recreation.
56. Amend the title and text of Section 17.88.080 as follows:
17.88.080 Special Requirements for East Corridor Plan District.
East Corridor Plan District. Until a master street plan is adopted in the Transportation Element of the Comprehensive Plan for the East Corridor Plan District, as shown in Title 33, Map 526-1, street connectivity for the area should generally be based on a block size of 400 by 200 feet and connect to the surrounding street grid consistent with the prevailing block pattern.
57. Amend the title of Chapter 17.96 as follows:
Chapter 17.96
SURVEYS, ELEVATIONS AND MEASUREMENTSMONUMENTS
58. Repeal Sections 17.96.010, 17.96.020, 17.96.030, 17.96.040 and 17.96.060 in their entirety.
59. Add Section 17.96.005 as follows:
17.96.005 Preservation of Record Monuments
Any person or public agency removing, disturbing or destroying any survey monument of record in the office of the County surveyor or County clerk shall cause a registered professional land surveyor to reference and replace the monument as prescribed by the applicable Oregon Revised Statues. The cost of referencing and replacing the survey monument shall be paid by the person or public agency causing the removal, disturbance or destruction.
60. Amend the title and text of Section 17.96.050 as follows:
17.96.050 Datum Plane Established (City of Portland Vertical Datum).
All grade elevations in the City shall be referred to a fixed datum established herein. The datum plane for grades shall bewas originally established 56.743 feet below the initial bench mark establishedset 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.
61. Add Section 17.96.062 City Benchmarks as follows:
17.96.062 City Benchmarks.
The City Surveyor shall establish and maintain a network of benchmarks throughout the City. Benchmarks are survey markers that have specific elevations determined for them and these elevations are referenced to the City of Portland Vertical Datum. Benchmark information can be found on the Portland Transportation Survey Section website.
62. Add Section 17.96.065 Preservation of City Benchmarks as follows:
17.96.065 Preservation of City Benchmarks.
Any person or public agency removing, disturbing or destroying a City Benchmark shall contact the Portland Transportation Survey Section as soon as it is apparent that a Benchmark will be or has been removed, disturbed or destroyed. Survey may set a new Benchmark in the vicinity of the old one and establish an elevation for it.