Ordinance No. 21-03 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 21-03
AN ORDINANCE AMENDING CHAPTER 6.02 OF THE TIGARD MUNICIPAL CODE TO
CLARIFY MAINTENANCE AND RESPONSIBILITIES FOR PUBLIC PEDESTRIAN
EASEMENTS
WHEREAS,Chapter 6.02 of the Tigard Municipal Code contains provisions that make private property
owners responsible for maintenance and liability associated with sidewalks abutting their property;and
WHEREAS, in furtherance of the City's Strategic Plan, new development may incorporate public
pedestrian easements over private property to create better pedestrian connections;and
WHEREAS, the City currently negotiates each pedestrian easement separately, which creates
opportunities for inconsistencies and inequities over what may be required of a private party;and
WHEREAS,by adopting a uniform requirement citywide,this ordinance will provide clear expectations
to property owners and a mechanism for City enforcement.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Article IV of Chapter 6.02 of the Tigard Municipal Code is retitled as follows (deleted
text in atriketh±ettgli and added text is underlined):
Streets,and Sidewalks, and Public Pedestrian Easements
SECTION 2: Section 6.02.310 of the Tigard Municipal Code is amended to read as follows:
Streets,and Sidewalks,and Public Pedestrian Easements
A responsible party shall keep a public street and/or sidewalk abutting their property,
or a public pedestrian easement over their property, free from earth,rock and other
debris and other objects that may obstruct or render the street, of sidewalk or
pathway unsafe for its intended use.
SECTION 3: Section 6.02.320 of the Tigard Municipal Code is amended to read as follows:
Maintenance and Repair of Public Sidewalks and Public Pedestrian
Easements
It is the duty of all persons owning property lots or land which have has public
sidewalks abutting the property same, or public pedestrian easements over the
property, to maintain and keep in repair the sidewalks or pathways and not permit
them to become or remain in a dangerous or unsafe condition. "Maintenance"
ORDINANCE No. 21-0 3
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includes, but is not limited to, the removal of snow and ice. Any owner of a lot or
lam property who neglects to promptly comply with the provisions of this section is
fully liable to any person injured by such negligence.The city ahal1 be is exempt from
all liability,including,but not limited to,common-law liability,that it might otherwise
incur to an injured party as a result of the city's negligent failure to maintain and repair
public sidewalks or pedestrian easements.
SECTION 4: Section 6.02.320 of the Tigard Municipal Code is amended to read as follows:
Sidewalks,Public Pedestrian Easements, Curbs, and Planter Strips
Maintenance of sidewalks, curbs and planter strips is the continuing
obligation of the adjacent property owner. Maintenance of a public
pedestrian easement is the continuing responsibility of the underlying
property owner.
SECTION 5: If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity does not affect the other provisions or
applications of the ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this ordinance are severable. This
City Council hereby declares that it would have adopted this ordinance irrespective
of the invalidity of any particular portion thereof and intends that the invalid portions
should be severed and the balance of the ordinance be enforced.
SECTION 6: This ordinance shall be effective 30 days after its passage by the council,signature by
the mayor, and posting by the city recorder.
PASSED: By z//I?Q/i7A1l 62-a---' vote of all council members present after being read by
number and title only,this 19' day of 927ez.zy ,2021.
`pro ill
Carol A. Krager,City Record
APPROVED: By Tigard City Council this I q day of ,2021.
Jaso B. Snider,Mayor
Approved as to form:
City Attorney
1/20/2021
Date
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