Amend Chronic Nuisance Property Code to address human trafficking, gun violence, and administrative challenges (amend Code Chapter 14B.60)

This ordinance amends the existing Chronic Nuisance Property code (Chapter 14B.60) to provide flexibility and clarity to the city administration, public safety professionals, and the judicial system in effectively addressing nuisance activities and chronic nuisance properties. It also expands the list of Nuisance Activities that can be considered in the designation of a Chronic Nuisance Property to include additional violations related to human trafficking and gun violence.This work initially began in 2024 by the City Attorney's office in collaboration with the Portland Police Bureau and the Multnomah County District Attorney's office. Due to workload and resource challenges, PPB faces difficulties in documenting and fulfilling the administrative requirements of the current Chronic Nuisance Property code. The current code requires documentation of three nuisance activities as well as sign off by the Chief of Police or Precinct Commander on initiating the Chronic Nuisance Property procedure all within 30 days. This update would change the threshold to require two documented nuisance activities and sign off on the procedure by the City Administrator or their designee(s) within 90 days. The City Administrator's designee(s) could remain with the PPB rank and file or the authority could be placed in another resource with more bandwidth.The request for changes to this code also came from the Multnomah County District Attorneys' office as they looked for additional tools to address human trafficking, especially at motels and businesses along 82nd avenue. There is evidence that some of these businesses are either negligent or complicit in the human trafficking occurring on and around their properties. This tool works to hold them accountable, leading with proactive solutions followed by real consequence if no abatement takes place.The inclusion of Abatement Measures (14B.60.035) and changes to Commencement of Actions; Remedies; Burden of Proof (14B.60.040) sections of Chapter 16B.60 are responsive to questions from the judicial branch on how to best administer abatement requirements in the current code. This guidance provides the courts with an expectation from the city on what we would like to require from property owners in abating nuisance activities.

As this code and tool already exists, we do not expect significant economic and real estate development impacts. Increased public safety through the abatement of Nuisance Activities present at Chronic Nuisance Properties could lead to an improved economic and real estate development environment. Fewer Chronic Nuisance Properties also create safer and stronger business and residential corridors.

Areas most likely to have Chronic Nuisance Properties impacted by these code changes are more likely to be lower income and more racially diverse, specifically the area surrounding 82nd Avenue. By abating the Nuisance Activities associated with these properties the surrounding communities will experience improved public safety and livability. We have heard repeated calls from the community to utilize this tool, and expanding its application will help to answer those calls. We expect that these changes may be unpopular with owners of property that may now be more likely to be designated a Chronic Nuisance Property, namely owners of motels.

As this code and tool already exists, we do not expect significant financial or budgetary impacts from this legislation.

This legislation has no impact on the City's goal of meeting 100 percent of community-wide energy needs with renewable energy by 2050.