August 3, 2020 Mr. Roy Atwood, Region 10 Administrator U.S. General Services Administration 400 15th St SW Auburn, WA 98001
Notice of Violation
A site investigation has confirmed obstructions installed in the Right of Way on SW Third Ave., SW Second Ave., SW Main St., and SW Salmon St. without permits, violating Title 17 of the Portland City Code. The US General Services Administration was informed of this violation on July 23
rd
, 2020, in a letter from PBOT Director Chris Warner and Chief Deputy City Attorney Robert Taylor. Relevant Portland City Code:
17.24.010 Permits Required.
A.
Any person desiring to make a public improvement, do work in, or use the street area must first obtain a permit from the Director of the Bureau of Transportation as prescribed in this Chapter, and pay the permit fees set forth in Section 17.24.020, except for maintenance activities allowed without a permit, as set forth in Sections 17.42.020 and 17.42.025. Location and description of violation: Hatfield Courthouse 1000 SW 3
rd
Ave, Portland OR, 97204 Metal fencing is present on SW Main St, SW 3
rd
Ave, SW 2
nd
Ave, and SW Salmon St. The fencing is located in the travel lanes of the street outside of the curb of the sidewalk. Since being informed that fencing was installed in violation of Portland City Code, additional concrete barriers have been installed in the Right of Way.
2
Despite instructions on July 23rd to immediately cease and desist obstruction of the Right of Way, unpermitted fencing and barriers remain
.
Permits have not been issued or applied for.
On SW Main St, fencing and barriers fully obstruct the bike lane, creating a hazard to the public. SW Main is a major bicycle corridor into the central business district. Further, the fencing and barriers installed around the Federal Courthouse do not provide for an accessible path from streets, sidewalks and public transportation stops to the buildings, nor do they provide an alternate path of travel, specifically for people with disabilities. Under Portland City Code and Administrative Rule TRN-8.14, these obstructions constitute a Class I violation. Due to the serious impact to the traveling public, fines of $500 have been assessed every 15 minutes starting July 24 at 8:00 AM, per the Transportation Fee Schedule.
24 Hours of Fines
Cumulative Total
July 25, 8:00 am $48,000
$48,000
July 26, 8:00 am $48,000
$96,000
July 27, 8:00 am $48,000
$144,000
July 28, 8:00 am $48,000
$192,000
July 29, 8:00 am $48,000
$240,000
July 30, 8:00 am $48,000 $288,000 July 30, 8:00 am $48,000 $336,000 July 31, 8:00 am $48,000 $384,000 August 1, 8:00 am $48,000 $432,000 August 2, 8:00 am $48,000 $480,000 August 3, 8:00 am $48,000 $528,000 Fines will continue to accrue for the duration of the violation. If violations remain for 3 months, the amount of the fine will escalate.
Please contact PBOT’s Development, Permitting & Transit Group Director Christine Leon at 503.823.7441 with information about when these illegal obstructions will be removed from the Right of Way. Once the obstructions are removed a final accounting of the total amount of fines will be assessed and payment instructions will be provided.