Portland Metals Hearing of November 9, 2011
The City of Portland (Bureau of Development Services) hearing regarding the zoning violations associated with Portland Metals (NE 42nd and Emerson) was held this morning. Here is a brief summary of the outcome:
·It was determined that the current bankruptcy situation did not constrain the hearing officer from proceeding with an assessment of the zoning violations themselves. It may impact the ability of the City to assess liens or collect fines, but this can be address with the bankruptcy court in the future, if necessary.
·After the presentation of the case by the City and the attorney representing Portland Metals, the hearing office made the following judgment:
oThe zoning violations associated with the improper use of parking area for metal storage and processing are valid;
oPortland Metals needs to go through the appropriate land-use process if it wants to confirm the conditional-use status for the property;
oThe site needs to be cleaned up and brought into zoning compliance by December 20, 2011;
oIf the site is not cleaned up by 12/20/12, the City is authorized to complete the needed clean-up and the cost of that clean-up will be assess against Portland Metals;
oPortland Metal was authorized to have up to, but not exceeding, 4 vehicle trailers on the site during the clean-up period;
oThe City assessed Portland Metals $1,600 to recover costs associated with the case;
oNo additional civil penalties were assessed.
·During the testimony, the owner of Portland Metals said that he has closed that business as of October 1, 2011. He has not purchased any additional scrap metal and is in the process of disposing the remaining metal inventory.
·The next steps are for the site to be cleaned up; and for the City to verify that this is done by 12/20/11--and take further actions if necessary.
Thanks to all of you who attended the hearing and showed that this type of quality-of-life issue is important to our neighborhood. This is example of how the City can represent our concerns when we raise issues through the proper channels.