passed ordinance

Assess properties for sidewalk, curb and driveway repair for the Bureau of Transportation (Y1102)

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  • transportation
  • budget finance
  • ordinance
Department
Revenue Division
Introduced by
Former Mayor Ted Wheeler
Status
Passed

Impact statement

Purpose & background

To assess properties for sidewalk repair performed by the Portland Bureau of Transportation.

Financial impacts

This legislation will generate current revenue coming to the city. It will increase Lien Revenues for fund 200000 by $4,307.83 There are no costs to the city related to this legislation No positions will be created, eliminated or re-classified in the current year or future years because of this legislation

Community impacts

This legislation is a routine internal City process. The affected property owners are given notice and have an opportunity to testify before City Council at the Proposed Assessment Hearing The affected areas of this legislation are City-wide/Regional Per city code, property owners are given the right to file a remonstrance objecting to sidewalk repair charges. Remonstrances are referred to the Portland Bureau of Transportation Sidewalk Inspection and Repair department for resolution and the property is removed from the assessment All 9 property owners filed previous remonstrances in response to the proposed assessment notices and have received determinations from the Portland Bureau of Transportation Sidewalk Inspection and Repair department. Property owners also had a right to further appeal that determination with the Hearings Officer

Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: In accordance with Chapter 17.28 of the Code of the City of Portland, the Portland Bureau of Transportation (PBOT) notified the property owners of record, at the time of inspection of the properties described in Exhibit A, to repair or construct the sidewalks, curbs and/or driveways abutting the property. The required repair or construction of the sidewalks, curbs and/or driveways was not done within the allotted time. PBOT did the necessary work and kept an accurate account of the cost of the labor and materials used in doing the work. PBOT’s Sidewalk Inspection and Repair department reported to Revenue Division (Revenue) the cost of the repairs and the legal description of the property on which the work was done. Revenue mailed proposed sidewalk notices to property owners providing a deadline date and procedures for filing a remonstrance. The property owners within this ordinance previously filed a remonstrance and have received a determination from PBOT’s Sidewalk Inspection and Repair department. The owners of record for two properties located at 9437 N Portsmouth Ave and 7044 NE Davis St filed remonstrances in response to the proposed sidewalk notice mailed on May 21, 2019. Remonstrances were forwarded to the Sidewalk Inspection and Repair department for review. On October 27, 2020, the Sidewalk Inspection and Repair department sent determinations back to Revenue declaring the liens are too old to pursue and requested to be cancelled per PBOT’s Covid task force. The owners of record for four properties located at 3309 SE 13 th Ave, 7821 NE 33 rd Dr, 7046 NE 6 th Ave and 3147 NE 79 th Ave filed remonstrances in response to the proposed sidewalk notice mailed on October 9, 2019. Remonstrances were forwarded to the Sidewalk Inspection and Repair department for review. On October 27, 2020, the Sidewalk Inspection and Repair department sent determinations back to Revenue declaring the liens are too old to pursue and requested to be cancelled per PBOT’s Covid task force. The owner of record for property located at 7118 SE 156 th Ave filed a remonstrance in response to the proposed sidewalk notice mailed on September 24, 2020. Remonstrance was forwarded to the Sidewalk Inspection and Repair department. On February 18, 2021, the Sidewalk Inspection and Repair department sent determination back to Revenue declaring the lien charges of $2,484.79 to stay the same and assess for that amount. Owner was given 10 days to appeal to Hearings Officer. Owner appealed determination and hearing was scheduled for March 30, 2021. Owner withdrew appeal hearing per communication received from Hearings office on March 29, 2021. The owner of record for property located at 2204 NE 37 th Ave filed a remonstrance in response to the proposed sidewalk notice mailed on September 24, 2020. Remonstrance was forwarded to the Sidewalk Inspection and Repair department for review. On February 18, 2021, the Sidewalk Inspection and Repair department sent a determination back to Revenue declaring the lien to be cancelled due to the repairs located on the neighbor’s sidewalk. The owner of record for property located at 1116 SE Tenino St filed a remonstrance in response to the proposed sidewalk notice mailed on September 24, 2020. Remonstrance was forwarded to the Sidewalk Inspection and Repair department for review. On February 18, 2021, the Sidewalk Inspection and Repair department sent a determination back to Revenue declaring the lien charges of $1,823.04, to stay the same and assess for that amount. Owner was given 10 days to appeal to Hearings Officer. Owner did not appeal further. On June 5, 2024, the City Council evaluated the assessment of the charges that benefited the properties described in Exhibit A. The Council has approved the statement of bills for the work done, and the property should be assessed the full cost of the work plus a fee for administrative expenses. NOW, THEREFORE, the Council directs: The cost of doing said repair or construction work plus a fee for administrative expenses is hereby assessed upon the property, in the amount of $4,307.83, as described in Exhibit A. The Revenue Division is hereby directed to record these assessments into the Docket of City Liens, and to mail final assessment notices to the properties, as described in Exhibit A.

Tally

5 yea 0 nay

Roll call (5)