Ordinance No. 18-11 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 18-
AN ORDINANCE AMENDING CHAPTER 6.01 OF THE TIGARD MUNICIPAL CODE,
RELATING TO THE DEFINITION OF INOPERABLE VEHICLES.
WHEREAS,the Tigard Municipal Code,in Chapter 6.02, currently regulates storage of inoperable
vehicles,but does not define this term;and
WHEREAS,the lack of a definition has made enforcement difficult; and
WHEREAS,this amendment adds a definition of inoperable vehicle to the City's Nuisance Code in
Chapter 6.01;and
WHEREAS,the Tigard City Council has determined that the proposed code amendment is in the best
interest of the City of Tigard.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Chapter 6.01.020 is amended as shown in "Exhibit A" to
this Ordinance (additional language is shown in underline and deleted text is shown
in stril reugh).
SECTION 2: This Ordinance shall be effective 30 days after passage of this Ordinance by the
Council, signature by the Mayor, and posting by the City Recorder.
PASSED: By W///✓i'0/0944— vote I all Council members present after being read by
number and title only,this 2 Z N day of ?VIy ,2018.
L—‘g/td—e94-
Carol Krager,City Recorder
APPROVED: By Tigard City Council this 22i day of 4 ,2018.
John ook,Mayor
ORDINANCE No. 18-11
Page 1
Approved as to form:
4:46
City Attor ey
Taal Ig
Date
ORDINANCE No. 18-t ,
Page 2
Exhibit "A"
TIGARD MUNICIPAL CODE
Excerpt of and, regarding items confiscated in violation of
Chapter 6.01 GENERAL PROVISIONS Sections 6.03.010 and 6.03.020, all expenses
AND PENALTIES incurred and charges associated with the removal,
storage, detention, processing, disposition and
6.01.020 Definitions maintenance thereof.
As used in this title: F. "Dangerous building"means:
A. "Abandoned personal property" means 1. A structure that, for want of proper
any personal property, as the term is defined in repairs, by reason of age and dilapidated
this title, which has been discarded, deserted or condition, by reason of poorly installed electrical
relinquished. wiring or equipment, defective chimney, defective
gas connection, defective heating apparatus or for
Personal property shall be considered any other cause or reason, is especially liable to
abandoned if any of the following conditions fire, and that is so situated or occupied as to
exist: endanger any other building or property or human
life;
1. Personal property is left unattended
in the right-of-way for more than five hours; 2. A structure containing combustible
or explosive material, rubbish, rags, waste, oils,
2. Personal property is placed in the gasoline or flammable substance of any kind,
right-of-way in a location or manner as to especially liable to cause fire or danger to the
constitute a potential, imminent or immediate safety of the building,premises,or to human life;
hazard or obstruction to pedestrian or vehicular
traffic or to otherwise pose a threat to public 3. A structure that is kept or
health,safety or welfare. maintained or is in a filthy or unsanitary
condition, especially liable to cause the spread of
B. "Abate" means to restore a property to contagious or infectious disease or diseases;
its condition prior to the infraction, or similar 4. A structure in such weak,
condition that is free of the subject infractions. In weakened,dilapidated or deteriorated condition as
the case of graffiti, "abate" means to remove to endanger any person or property due to a
graffiti from the public view. probability of partial or entire collapse.
C. "City manager" means the city manager G. "Dispose of/disposal" means to get rid
or designee. of and includes sell, auction, donate, destroy,
repurpose and recycle.
D. "Civil infraction" or "infraction" means
the failure to comply with a provision of this title. H. "Graffiti" means any inscription, word,
figure or design that is marked, etched, scratched,
E. "Costs"means all expenses incurred and drawn or painted on any surface with paint, ink,
charges associated with any action taken by the chalk, dye, other similar substance or placement
city under this title including, but not limited to, of stickers or appliques, regardless of content,
the cost to the public of the staff time invested
6-01-1 Code Update: 4/13
Exhibit"A"
TIGARD MUNICIPAL CODE
without authorization from the responsible party 3. Poison oak, poison ivy or similar
for the property. vegetation;
I. "Graffiti nuisance property" means a 4. Vegetation that is likely to cause
property upon which graffiti has been placed and fire;
for which a letter of complaint or notice of 5. Blackberry bushes that extend into
violation has been sent to the responsible party for a right-of-way or across a property line;
the property consistent with Chapter 1.16 and on 6. Vegetation that is a health hazard;
which the graffiti has been allowed to remain for
more than the length of time specified in the letter 7. Vegetation that is a health hazard
or notice. because it impairs the view of the right-of-way or
otherwise makes use of the right-of-way
J. "Inoperable vehicle" means any vehicle hazardous;
which does not display a current state vehicle
license or tags, which cannot be moved without 8. Any of the following invasive and
being either repaired or dismantled,or which is no noxious plants: Hedera helix L. (English ivy),
longer safely usable for the purposes for which it Heracleum mantegazzianum (giant hogweed),
was manufactured. Lythrum salicaria L. (purple loosestrife),
Polygonum cuspidatum (Japanese knotweed),
KA. "Junk" means items that have no Rubus discolor(Himalayan blackberry);
apparent utility or are in an unsanitary condition.
9. "Noxious vegetation" does not
LK. "Noise-sensitive unit" shall include any include vegetation that constitutes an agricultural
building or portion of a building containing a crop, unless that vegetation is a health hazard, a
residence, place of overnight accommodation, fire hazard or a traffic hazard, and it is vegetation
church, day care center, hospital, school or within the meaning of this subsection.
nursing care center. For the purpose of this
definition, "residence" and "overnight NM."Occupant" means any person, tenant,
accommodation" do not include living/sleeping sub-lessee, successor or assignee that has control
quarters of a caretaker or watchperson on over property.
industrial or commercial property provided by the
owner or operator of the industrial or commercial ON. "Owner" means any person, agent, firm,
facility. corporation, unincorporated association,
partnership, limited liability company or other
Mb."Noxious vegetation"means: entity having a legal or equitable interest in or a
claim to a property and includes,but is not limited
1. Weeds more than 10 inches high; to, a mortgagor in possession, an occupant, or a
person, agent, firm or corporation that owns or
2. Grass more than 10 inches high and exercises control over items of property including
not within the exception stated in paragraph 9 of abandoned personal property or a sign confiscated
this subsection; pursuant to this chapter.
6-01-2 Code Update: 4/13
Exhibit"A"
TIGARD MUNICIPAL CODE
P9. "Permit" means to knowingly allow, 2. An entity or person acting as an
suffer or acquiesce by any failure, refusal or agent for an owner by agreement that has
neglect to abate. authority over the property, is responsible for the
property's maintenance or management, or is
QP. "Person" means an individual human responsible for abating or remedying a nuisance;
being and may also refer to a firm, corporation,
unincorporated association, partnership, limited 3. Any person occupying the
liability company, trust, estate or any other legal property, including bailee, lessee, tenant or other
entity. person having possession;
RQ. "Personal property" means tangible 4. The person who is alleged to have
items,other than signs, as defined in this title,and committed the acts or omissions, created or
vehicles which are reasonably recognizable as allowed the condition to exist,or placed the object
belonging to individual persons and which have or allowed the object to exist on the property;or
apparent utility.
5. A foreclosure or bankruptcy
SR. "Plainly audible" means any sound for trustee.
which the information content of that sound is
unambiguously communicated to the listener, There may be more than one party
including but not limited to, understandable responsible for a particular property.
spoken speech, comprehensible musical rhythms
or vocal sounds. WL."Right-of-way" means a strip of land or
structure occupied or intended to be occupied by a
TS. "Premises open to the public" means all street,crosswalk,pedestrian or bike path,railroad,
public spaces including,but not limited to, streets, road,electric transmission line,oil or gas pipeline,
alleys, sidewalks, parks, rights-of-way and public water main, sanitary or storm sewer main, street
open space, and private property onto which the trees or other special use and all other public ways
public is regularly invited or permitted to enter for and areas managed by the city.
any purpose.
XW."Sign" means any materials placed or
UT. "Property" means any real or personal constructed primarily to convey a message or
property including, but not limited to, items other display and which can be viewed from the
affixed or appurtenant to real property or right-of-way, another property or from the air
premises, house, building, fence or structure and including any outdoor sign, display, light, device,
items of machinery, drop boxes, waste containers, figure, painting, drawing, message, plaque, poster
utility poles and vaults and post office collection or other thing designed, intended or used to
boxes. advertise or inform.
U. "Responsible party" means any of the YX. "Unauthorized" means without consent
following: of the owner,occupant or responsible party.
1. An owner;
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Exhibit"A"
TIGARD MUNICIPAL CODE
ZY. "Unnecessarily loud" means any sound
that interferes with normal spoken communication
or that disturbs sleep.
AAZ. "Violation" means failure to
comply with a requirement imposed directly or
indirectly by this title and may also mean civil
infraction or infraction. (Ord. 12-11 §1; Ord. 12-
02 §1)
6-01-4 Code Update: 4/13