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 23rd, 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 3rd Ave, Portland OR, 97204

Metal fencing is present on SW Main St, SW 3rd Ave, SW 2nd 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.
 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.

2
Information about Temporary Street Use Permitting can be found at:
https://www.portland.gov/transportation/permitting/temporary-street-use-permitting-tsup

Information about the type of accommodations that are required when permits are issued, per
TRN-8.12 - Safe Accommodation for Pedestrians and Cyclists In and Around Work Zones, ca be
found at: https://www.portlandoregon.gov/citycode/article/595633

To request an Administrative Review regarding this Notice of Violation, the responsible party or
permittee must specifically address how the findings were not in accordance with Title 17 of
the city code. An Administrative Review request must include documents/evidence such as
pictures and a review application fee of $250 (per adopted Fee Schedule) within 20 calendar
day of this notice of violation.

Sincerely,

Chris Warner
Director, Portland Bureau of Transportation

CC: Chief Judge Marco Hernandez

U.S. Attorney Billy Williams
U.S. Marshal Russel Burger
Kent Keith, Federal Protection Service Department of Homeland Security