Portland City Councilor Steve Novick wants to amend a 1992 chronic nuisance property ordinance to lessen the threshold for triggering mandated remedies. He is proposing these changes with the intent of reducing the impact on afflicted neighborhoods from human trafficking and gun violence. The City Council will hear first reading on this proposed amendment at the March 18th session held at 6 p.m. this Wednesday.
Former Congressman Earl Blumenauer introduced the first version of Portland’s chronic nuisance property ordinance while serving as a Portland Commissioner. It received several updates in the years following its enactment but has remained relatively unchanged since 1997. The proposed update considers the current list of Nuisance Activities to be too narrow and the timeframe for accumulating violations to be too restrictive for law enforcement to adequately address contemporary instances of harmful behavior. “We’re proposing that instead of having to have three instances in 30 days to initiate this process —which is a lot, a hell of a lot of bad stuff can go on in the location, and you still don’t have three reports in 30 days— we’re proposing it become two in 90 days,” said Novick.
The councilor says this ordinance has never been intended to punish property owners. Instead, it is designed to encourage responsible site operations. “What it means is, it just gives the police a little more leverage to lean on property owners to play ball,” explained Novick. However, enforcement is not without significant consequences if people ignore recurring complaints. “Well, I don’t know if that’s ever happened, but if you can’t work out an agreement, then the city can go to court, which has happened rarely, and the court can order them to take abatement measures. Then, only if they don’t take abatement measures, then the last resort is that they forfeit the property,” Novick said. Ordinance infractions only accumulate for specific activity from a list of 25 defined types that occur within 200 feet of their property. Those activities include assault, Firearm-related crimes, drug crimes, and prostitution.
Additionally, Novick noted that the existing ordinance did not provide sufficient guidance for property owners to demonstrate a good-faith effort to improve conditions. So part of this update is to build that into the legislation. “Washington D.C. came up with a list of abatement measures to be considered. So we’re borrowing from that and saying, ‘here’s a list of things you might be asked to do,’” said Novick. The intent is to ensure people have a clear path to avoid consequences while minimizing the negative impact on the community. As the updates to the chronic nuisance property ordinance developed in committee, City Council members have worked to address business owners’ concerns. “The Asian American Hotel Owners Association’s Taran Patel testified. He said that he was generally supportive of the idea, but was concerned about what if a hotel reports the activity itself? Is that held against them?” recalled Novick. ” We thought that was a reasonable question, so we added an amendment to the law saying that if the property owner reports the activity themselves, then as long as they are cooperating with the police and following up on that subsequently, that doesn’t go on their record as one of the two instances that lead to invoking the nuisance law.”
In addition to the self-reporting amendment, the committee removed noise complaints from this ordinance, recognizing that such complaints are inconsistent with the other listed nuisances, which mostly focus on crimes that reduce perceived safety. “We’re removing noise as one of the chronic nuisance criteria at [Councilor] Jamie Dunphy’s request, and it’s not really what we’re worried about anyway,” said Novick. He explained that the city is trying to tackle serious issues where people suffer life-changing harms, including physical abuse and trafficking of people for sex work. Sex trafficking has become particularly apparent along NE 82nd Avenue near Leodis V. McDaniel High School and within certain storefronts advertising massage services that have spread across the region. “It identifies unlawful, non-compliant massage parlors as one of the nuisance activities. That’s a new thing, and because of the law that Representative [Thủy] Trần passed,” explained Novick. House Bill 3819, which Representative Trần co-sponsored, gave new investigatory powers to the State Board of Massage Therapists starting on January 1st, 2026, and increased maximum fine amounts. Now, the board can post a placard on the exterior of a business notifying the public if the massage facility is in violation of ORS 687.021 by using unlicensed practitioners.
Some critics of this type of legislation fear that without lodging spaces available, it will push sex work further into unsafe and exposed environments, including cars and public streets. This same perspective sometimes attributes the increase in pervasive solicitation on city streets to the 2018 passage of the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA) that shut down many online forums used for connecting buyers and sellers of sex work. Some of those online tools had reportedly made sex work safer by letting sellers check a buyer’s reputation. Since 2018, the nation has seen an increase in street-based sex work, often with associated ancillary crimes occurring around that activity. Novick explained that he heard that perspective from some people, but that counter testimony convinced him that lodging did not provide substantive protections for vulnerable sex workers. “Robin Miller, who’s a survivor and advocate, testified in favor of the proposal several weeks ago,” recalled Novick. “Her experience was that there was nothing safe about being at a motel and was beaten by a supplier [third-party seller of sex] in front of the hotel owner, and the hotel owner didn’t do anything.” That testimony, along with the councilor’s understanding of community needs, has increased his support for this update to Portland’s chronic nuisance property ordinance. “We are concerned about kids walking this gauntlet of sex trafficking,” said Novick. “So you balance interests, and if you think that there’s a community benefit to doing something —and there’s significant numbers of people most affected who think that it’s the right thing to do— I’m willing to go with what I think has the broader community benefit.”
The expressed goal of this update is to further motivate businesses to assist with the problems surrounding their operations. Landowners may not always live in the same neighborhood as their property, but the city says, with this ordinance, that they have a commitment to those communities that should not be discounted. “The underlying question is, does a property owner have some responsibility for what’s going on on their property? I tend to think that they do,” said Novick.
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