Ordinance No. 18-10 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
• ORDINANCE NO. 18- iO
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAP 1ER 7.42 TO PROVIDE FOR
THE REQUIREMENT OF A CHRONIC NUISANCE ABA CEMENT PLAN AND CLARIFY
ENFORCEMENT PROCEDURES AND DECLARING AN EMERGENCY
WHEREAS, Tigard Municipal Code Chapter 7.42, the Chronic Nuisance Property Code, currently only
provides for enforcement and nuisance abatement through case proceedings in the City's municipal court;and
WHEREAS, other cities have had success avoiding court appearances and abating the chronic nuisances by
requiring a Chronic Nuisance Abatement Plan as part of their enforcement process;and
WHEREAS, the goal of the Chronic Nuisance Abatement Plan is to provide for a formal dialogue between the
responsible party and the Tigard Police Department to identify ways to abate the nuisance and to do so prior to
a court action, thereby saving City resources and also allowing the responsible parties to avoid potential legal
costs and having to appear in court;and
WHEREAS, the City wishes to add a requirement for a Chronic Nuisance Abatement Plan and clarify
enforcement procedures related to chronic nuisance properties in the City.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard City Council amends Chapter 7.42 of the Tigard Municipal Code as shown in the
attached Exhibit "A" (additional language is shown in underline and deleted text is shown
in atrikethrough).
SECTION 2: This ordinance provides an essential tool, to both the City and responsible parties, for
responding to chronic nuisances that is necessary to protect the general health, safety, and
welfare of the community. An emergency is therefore declared and this ordinance shall be
effective immediately upon passage and signature by the Mayor.
PASSED: By UM,GUU$1IY24— vote of all council members present after being read by number
and title only, this ,2 pdayof a ,2018.
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this ZZ day of --73/2ay ,2018.
r
Joh . Cook,Mayor
ORDINANCE No. 18- f O
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Appr ed as to form:
City Attorne
SI 0.1)-/
Date
ORDINANCE No. 18- )Q
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Exhibit"A"
TIGARD MUNICIPAL CODE
Chapter 7.42 CHRONIC NUISANCE As used in this chapter, or any code provision
PROPERTY referenced by this chapter, the following
definitions apply.
Sections:
A. "Chief of police" means the chief of the
7.42.010 Short Title Tigard Police Department or his/her designee.
7.42.015 Incorporation of State Statute
7.42.020 Definitions B. "Chronic nuisance abatement plan"
7.42.030 Chronic Nuisance Property (CNAP) means a plan required to be submitted by
7.42.040 Prefiling Notification a responsible party in response to a notice
Procedures authorized under Section 7.42.040 of this code
7.42.042 Chronic Nuisance Abatement that includes actions to abate, correct, or eliminate
Plan the occurrence of chronic nuisance activities on or
7.42.045 Enforcement Conamcnccmcnt of around the property. A CNAP may include,but is
not limited to the following: actions to remedy
Complaint building code, fire code, and nuisance code
7.42.050 Remedies violations and eviction of problem tenants
7.42.060 Defenses—Mitigation of Civil responsible for causing chronic nuisance
Penalty activities. A CNAP must include an
7.42.070 Closure During Pendency of implementation timeline.
Action—Emergency Closures
7.42.080 Enforcement of Closure C.B."City manager" means the city manager
Order—Costs—Civil Penalty or his/her designee.
7.42.085 Tenant Relocation Costs
7.42.090 Attorney Fees D.G"Chronic nuisance property" means
7.42.100 Severability property upon which three or more distinct
7.42.110 Nonexclusive Remedy occurrences of any of the following acts or
behaviors take place during any 120-day period:
7.42.010 Short Title
1. Property for which a court has
The ordinance codified in this chapter shall issued a search warrant based on probable cause
be known as the "Chronic Nuisance Ordinance," that possession, manufacture or delivery of a
and may also be referred to herein as "this controlled substance or related offenses as defined
chapter."(Ord. 94-11) in ORS 167.203, ORS 475.005 through 475.285
and/or ORS 475.940 through 475.995 has
7.42.015 Incorporation of State Statute occurred within the previous 120 days, and the
chief of police has determined that the search
Any reference to state statute incorporated warrant was based on evidence of continuous or
into this chapter refers to the statute in effect on repeated chronic nuisance activities at the
the effective date of the ordinance codified in this property;
chapter. (Ord. 94-11)
2. "Harassment," as described in ORS
7.42.020 Definitions 166.065;
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3. "Fire or discharge of a gun or ORS 167.117, and/or ORS 167.122 through
weapon," as described in Section 7.32.120 of this 167.127;
code; 17. "Animal abuse or neglect" as
defined in ORS 167.315 through 167.330,"animal
4. "Disorderly conduct," as described abandonment" as defined in ORS 167.340,
in ORS 166.025; "animal fighting" as defined in ORS 167.355, or
"dog fighting"as defined in ORS 167.365.
5. "Public indecency," as described in
Section 7.32.110 of this code; Any of the above activities will be deemed to
have occurred on the property for purposes of this
6. "Unlawful use or possession of definition if engaged in within 300 feet of the
weapons or firearms," as described in ORS property by any person associated with the
166.210 through 166.275; property.
7. "Violation of the Uniform D. "Code enforcement officer" m ns the
Controlled Substances Act," as described in ORS chief of police or the city attorney, as designated
Chapter 475; by the city manager.
8. "Assault," as described in ORS E. "H wrings officer" or "civil infractions
163.160, 163.165, 163.175, or 163.185; hearings officer" means the municipal judge of
9. "Menacing," as described in ORS the City of Tigard.
163.190;
E.F-"Owner" means the person or persons
10. "Prostitution" or related offenses as having legal or equitable title to the property.
defined in ORS 167.007 through 167.017;
F. "Person associated with the property"
11. "Theft" as defined in ORS 164.015 means any person who, on the occasion of a
through 164.140; chronic nuisance activity, has entered, patronized,
or visited; or attempted to enter, patronize, or
12. "Arson" or related offenses as visit; or waited to enter, patronize, or visit a
defined in ORS 164.315 through 164.335; property or person present on a property,
including without limitation any officer, director,
13. "Sexual abuse, contributing to the customer, agent, invitee, employee, or any
sexual delinquency of a minor, or sexual independent contractor of a property, responsible
misconduct" as defined in ORS 163.415 through party,or owner of a property.
163.445;
G. "Property" means any real property
14. "Alcoholic liquor" violations as including land and that which is affixed,
defined in ORS 471.105 through 471.482; incidental or appurtenant to land, including but
not limited to any premises, room, apartment,
15. "Offensive littering" as defined in house,building or structure or any separate part or
ORS 164.805; portion thereof, whether permanent or not.
16. "Illegal gambling" as defined in H. "Responsible party"includes each of the
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following: 1. The times and places of the alleged
occurrences and a concise description of the
1. The owner of the property, or the nuisance activities leading to the finding;
owner's manager or agent or other person in
control of the property on behalf of the owner; or 2. The street address or a legal
description sufficient for identification of the
2. The person occupying the property, property; and
including bailee, lessee, tenant or other person
having possession. (Ord. 03-08; Ord. 94-11; Ord. 3. A demand that the responsible
15-17 §1) party respond to the chief of police within 10
calendar days and propose a course of action to
7.42.030 Chronic Nuisance Property abate the chronic nuisance activities giving rise to
the violation.
A. The acts or omissions described herein
are hereby declared to be public nuisances of the and the potential liability for violation of this
sort that commonly recur in relation to a given chapter, to all responsible parties for the property.
property, thereby requiring the remedies set out in
this chapter. C. Responsible parties for a given property
shall be presumed from the following:
B. Any property within the City of Tigard
which becomes chronic nuisance property is in 1. The owner and the owner's agent,
violation of this chapter and subject to its as shown on the tax rolls of Washington County;
remedies.
2. The resident of the property, as
C. Any person who is a responsible party shown on the records of the water department.
for property which becomes a chronic nuisance
property shall be in violation of this chapter and C. After two occurrences of any of the acts
subject to its remedies. (Ord. 94-11) or behaviors listed in Section 7.12.020.0 of this
chapter within a 120 day period, notification shall
7.42.040 Prefdig Notification be provided as described in subsection B of this
Procedures section. (Ord. 12-01 §2; Ord. 94-11; Ord. 15-17
§1)
A. Except as otherwise noted herein,
notwithstanding Section 1.16.060.B of this code, 7.42.042 Chronic Nuisance Abatement
this section sets out procedures to be used in Plan
processing an infraction of this chapter.
A. A responsible party must respond to the
B. After two occurrences of any of the acts chief of police within 10 calendar days of the date
or behaviors listed in Section 7.42.020.DG of this the notice described in Section 7.42.040 of this
chapter within a 120-day period, the chief of code was issued and submit a chronic nuisance
police shall provide notification via certified mail abatement plan to abate the chronic nuisance
to all responsible parties for the property activities giving rise to the violation.
containing:stating
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B. The chief of police will review the B. In addition to any other remedies
CNAP submitted by the responsible party and provided herein,the chief of police may enforce a
approve or deny it within 10 days of submittal. violation under this code as set forth in Chapter
The chief of police will approve the plan if he or 1.16 of this code or in any other manner under
she determines that the actions proposed are likely law.
to substantially decrease the incidence of chronic
nuisance activities around the property. In the C.A:A uniform infraction summons and
event the CNAP is denied, the reasons for the complaint, containing the following parts, may be
denial will be included and the responsible party served upon any responsible party for chronic
will have 10 days to resubmit a plan for approval, nuisance property, citing that party into municipal
court.
C. After the chief of police approves the
CNAP, the responsible party will implement it in 1. The summons;
accordance with the timeline and terms set forth in
the plan. 2. The complaint; and
7.42.045 Enforcement Commencement 3. A description of the alleged
• occurrences leading to violation of this chapter,
G }rpm stating the times and places of those occurrences.
A. The following actions are class 1 D.14:The uniform infraction summons shall
infractions and subject to a penalty or contain the following information:
administrative fee pursuant to Chapter 1.16 of this
code: 1. The file number;
1. Failing to respond as required by 2. The name and address of each
the notice described in Section 7.42.040 of this respondent;
code;
3. The infraction with which the
2. Failing to submit a CNAP, that is respondent is charged;
approved by the chief of police, in his or her sole
discretion, within 30 days after being determined 4. The date, time, and place at which
a chronic nuisance property; the hearing on the infraction is to take place;
3. Failing to implement the CNAP as 5. An explanation of the respondent's
set forth in accordance with the timeline set forth obligation to appear at this hearing, and that
in the approved plan; or failure to appear may result in a default judgment
being taken against the respondent;
4. A report of an additional chronic
nuisance activity occurring on the property after 6. An explanation of the respondent's
the notice is issued pursuant to Section 7.42.040 right to a hearing, right to representation by
of this code. counsel at personal expense, right to cross
examine adverse witnesses, and right to
compulsory process for the production of
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witnesses; 1 1)
7. Notice that the cost of the hearing, 7.42.050 Remedies
including witness fees, may be charged to the
respondent if the final order of the court finds that A. Upon finding that the respondent has
the property is a chronic nuisance property. violated this chapter,the court may:
E.G.The uniform infraction complaint shall 1. Require that the chronic nuisance
contain the following information: property be closed and secured against all use and
occupancy for a period of not less than 30, but not
1. The date, time, and place the more than 180,days; and/or
alleged infractions occurred;
2. If the court determines a property
2. The date on which the complaint to be a chronic nuisance property, the court may
was issued; impose a civil penalty of up to $1,000 per day for
each day a nuisance activity occurred on the
3. A notice to the respondent that a property after three nuisance activities have
civil complaint has been filed with the municipal occurred on the property within a 120-day time
court. period.
F.D:Service of the summons and complaint 3. Employ any other remedy deemed
shall be accomplished as described in Section by the court to be appropriate to abate the
1.16.230 of this code. In addition to the affidavit nuisance.
described in subsection G of that section, a return
receipt of certified mailing which indicates B. In lieu of closure of the property
delivery of the summons and complaint to the pursuant to subsection A of this section, the
respondent's last known address, or a certified respondent may file a bond acceptable to the
mailing which has been returned by the post office court. Such bond shall be in an amount set by the
"unclaimed," shall also create a rebuttable court not to exceed the value of the property
presumption that the respondent had the required closed as determined by the court, and shall be
notice. conditioned upon the non-recurrence of any of the
acts or behaviors listed at Section 7.42.020.DG of
G.&The hearing for determination as to this chapter for a period of one year after the
whether an infraction has been committed shall judgment. Acceptance of the bond described
take place in the manner described in Sections herein is further subject to the court's satisfaction
1.16.250 through 1.16.300 and 1.16.320 of this of the respondent's good faith commitment to
code. abatement of the nuisance. (Ord. 94-11; Ord. 15-
17 §1)
H.F Subject to the limitations of Section
1.16.230.G of this code, a default judgment may C. A property will no longer be determined
be entered against a respondent who fails to to be a chronic nuisance property after the passage
appear at the scheduled hearing. Upon such of one year from the date of the last reported
judgment, the court may prescribe the remedies chronic nuisance activity, the date the chronic
described in this chapter. (Ord. 12-01 §2; Ord. 94- nuisance abatement plan was approved by the
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chief of police, or date of court order, whichever 7. Any other factor deemed by the
is later. court to be relevant. (Ord. 94-11)
7.42.070 Closure During Pendency of
7.42.060 Defenses—Mitigation of Civil Action—Emergency Closures
Penalty
In addition to any other remedy available to
A. It is a defense to an action brought the city under this chapter, in the event that the
pursuant to this chapter that the responsible party chief of police finds that a property constitutes an
at the time in question could not, in the exercise of immediate threat to the public safety and welfare,
reasonable care or diligence, determine that the the city may apply to any court of competent
property had become chronic nuisance property, jurisdiction for such interim relief as is deemed by
or could not, in spite of the exercise of reasonable the city manager to be appropriate, including
care and diligence, control the conduct leading to closure and securing of the property. In such
the finding that the property is a chronic nuisance event, the notification and commencement of
property. However, it is no defense under this action procedures set forth in Sections 7.42.040
subsection that the party was not at the property at and 7.12.015 need not be complied with.(Ord. 03-
the time of the incidents leading to the chronic 08; Ord. 94-11)
nuisance situation.
7.42.080 Enforcement of Closure
B. In implementing the remedies described Order—Costs—Civil Penalty
in this chapter, the court may consider any of the
following factors, as they may be appropriate, and A. The court may authorize the city to
shall cite those found applicable: physically secure the property against use or
occupancy in the event that the owner(s) fail to do
1. The actions taken by the owner(s) so within the time specified by the court.
to mitigate or correct the problem at the property;
B. The court may assess on the property
2. The financial condition of the owner the following costs incurred by the city in
owner; effecting a closure of property:
3. Whether the problem at the 1. Costs incurred in actually
property was repeated or continuous; physically securing the property against use;
4. The magnitude or gravity of the 2. Administrative costs and attorneys
problem; fees in bringing the action for violation of this
chapter.
5. The cooperativeness of the
owner(s)with the city in remedying the problem; C. The city manager may, within 14 days
of written decision by the court, submit a signed
6. The cost to the city of investigating and detailed statement of costs to the court for its
and correcting or attempting to correct the review. If no objection to the statement is made
condition; within the period prescribed by Oregon Rule of
Civil Procedure 68, a copy of the statement,
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including a legal description of the property, shall
be forwarded to the office of the city finance
director who thereafter shall enter the same in the
city's lien docket in the same manner prescribed
by Section 1.16.710 of this code.
D. Persons assessed the costs of closure
and/or civil penalty pursuant to this chapter shall
be jointly and severally liable for the payment
thereof to the city. (Ord. 12-01 §2; Ord. 03-08;
Ord. 94-11)
7.42.085 Tenant Relocation Costs
A "tenant" (as defined by ORS 90.100(16))
of chronic nuisance property may be entitled to
reasonable relocation costs, if without actual
notice the tenant moved into the property after the
property owner or his/her agent received notice of
an action brought pursuant to this chapter. Any
allowable costs will be determined by the city,
and shall be a liability upon the owner of the
chronic nuisance property.(Ord. 94-11)
7.42.090 Attorney Fees
In any action brought pursuant to this
chapter, the court may, in its discretion, award
reasonable attorneys fees to the prevailing party.
(Ord. 94-11)
7.42.100 Severability
If any provision of this chapter, or its
application to any person or circumstance, is held
to be invalid for any reason, the remainder of the
chapter, or the application of its provisions to
other persons or circumstances, shall not in any
way be affected. (Ord. 94-11)
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