Process Overview
- DocumentCode Compliance Procedure (430.89 KB)
The owner of a property is responsible for the resolution of a code violation, regardless of whether they created the issue or not. Prospective buyers are encouraged to schedule a virtual appointment with a Planner on Duty prior to purchase of any property in unincorporated Multnomah County in order to research identified code violations and other potential issues.
After a code violation has been identified, our process focuses on working with the property owner (the respondent) to resolve the issue. Whenever possible, we start with education or Voluntary Compliance. If this doesn’t resolve the issue, we will begin the formal Enforcement Process with a recommended civil fine.
Complaint Intake
After a Complaint is Submitted, Code Compliance staff assess the location and nature of the alleged code violation. If a complaint can be investigated by our team, the complainant will receive a confirmation email containing a link to our online portal, where they can view the status of our investigation.
1. Prioritization of Investigation
Because our resources are limited, we address the most serious allegations first. We may not address a complaint in the order it was received.
We prioritize investigation of issues that:
- Present an existing or imminent threat to public health or safety;
- Present an existing or imminent threat to natural resources;
- Respondent affirmatively seeks to resolve; and/or
- Are subject to court order.
2. Determination Following Investigation
If the investigator finds evidence of a code violation, a Code Case will be created for the subject property. If the investigator is unable to substantiate an alleged code violation, the complaint will be dismissed. The complainant will be able to view this determination through our online portal.
Code Case Creation
A. Voluntary Compliance Process
1. Request for Voluntary Compliance
A Request for Voluntary Compliance notice may be issued to the respondent that outlines required corrective actions and the deadline to complete those actions. Corrective actions are steps that are necessary to resolve a code violation, and could include:
- Ceasing a non-permitted use
- Installing stormwater or erosion control
- Removal or demolition
- Returning a structure or area to its original state
- Retroactive permitting
2. Required Meetings
As an initial corrective action, a respondent may be instructed to contact either the Land Use Planning or Right-of-Way office to discuss permitting options.
Many land use permits require a formal meeting with a planner before an application can be accepted. This meeting will be scheduled after the applicant submits a Meeting Request through the permit portal and pays the required fee. The Request for Voluntary Compliance notice will specify the type of meeting that is required as part of a retroactive permitting process.
During the meeting, the planner will identify the permits/approvals needed to potentially resolve a code violation, and will provide written notes outlining that process.
Learn more about submitting a Pre-filing or Pre-application Meeting Request with Land Use Planning.
3. Permit Applications
The respondent will be given a deadline to submit all applications identified by a planner as necessary to resolve a code violation.
If multiple permits are required in order to resolve a code violation, the respondent may be required to sign a Voluntary Compliance Agreement outlining the order and timeframe in which permit applications will be submitted.
4. Demolition or Discontinued Use
Rather than seeking retroactive permits to resolve a code violation, a respondent may instead remove the non-permitted development or cease the non-permitted use. A follow-up inspection and/or photographic evidence is required in order to confirm demolition or discontinued use.
B. Enforcement Process
If the respondent fails to complete the required corrective actions by an established deadline, then the enforcement process will begin.
1. Notice of Violation
A Notice of Violation will be served to the respondent, which identifies the code violations and calculated civil fines.
2. Appeal
The respondent or other authorized party will have 14 days from the date of notice to file a written appeal and pay the $250 appeal fee.
If an appeal is filed within 14 days, a Notice of Appeal and Public Hearing will be served to the respondent at least 15 days prior to the hearing date. The notice will also be mailed to properties within 750 feet of the subject property, the complainant, and any other interested parties.
3. Hearing and/or Final Order
If no appeal is filed, a Hearings Officer will review the Notice of Violation and issue a final order. If an appeal is filed, a final order will be issued following the Appeal Hearing and closure of the record. The final order may require the respondent to remedy the violation and pay an accruing civil fine. If a fine is not paid within 60 days of the final order, Code Compliance may file a property lien.
Appeals of the Final Order shall be by writ of review as provided in ORS 34.010 through 34.100, unless the Hearings Officer makes a land use decision, in which case the land use decision may be reviewed by the Land Use Board of Appeals pursuant to ORS Chapter 197. Any appeal of a Hearings Officer decision in the National Scenic Area may be reviewed by the Columbia River Gorge Commission.
Code Case Closure
After a code violation has been resolved any assessed civil fine paid, the Code Compliance office will record a release of any liens filed on the property and close the code case.