Ordinance No. 02-27 CITY OF TIGARD, OREGON
ORDINANCE NO. 02- D-r
AN ORDINANCE AMENDING CHAPTER 1.16, CIVIL INFRACTIONS, OF
THE TIGARD MUNICIPAL CODE AND DECLARING AN EMERGENCY
WHEREAS, Chapter 1.16 of the Tigard Municipal Code establishes civil procedures
for the enforcement of certain provisions of the Tigard Municipal Code; and
WHEREAS, the current process established by Code is lengthy and a more efficient
process is needed to expedite the disposition of less complex cases; and
WHEREAS, the expeditious resolution of less complex cases is in the best interest
of the public and the City; and
WHEREAS, increased sanctions for repeat offenders may act as a deterrent for
future violations.
NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTTON 1 The Tigard City Council does hereby amend Chapter 1.16 of the
Tigard Municipal Code as shown in the attached Exhibit"A".
ORDINANCE No. 02-
Page 1
SECTION 2: The City of Tigard declares that an emergency exits so that this
ordinance takes affect upon passage, thereby allowing the code
enforcement officers and court to immediately begin using the
new format.
PASSFn- By W GVWQbkkt vote of all Council members present after
being read by number and title only,this-9±�day of
2002.
� C
atherine Wheatley, City Recorder'
APPROVED: By Tigard City Council this r14 G, day of J
2002.
P A Der VK Ai
;Fes E. Griffi ,Myo
Approv as to form:
c--
Attorney
Da'
ORDINANCE No. 02- 1
Page 2
Exhibit A
TIGA" MUNICIPAL CODE
Chapter 1.16 CIVIL INFRACTIONS. Response.
1.16.250 No Right To Jury.
Sections: 1.16.260 Representation By Counsel.
1.16.270 Opportunity To Be Heard--
1.16.010 Title For Provisions. Cross-Examination.
1.16.020 Establishment And Purpose. 1.16.280 Witnesses.
1.16.030 Definitions. 1.16.290 Hearing--Admissible Evidence.
1.16.040 Use Of Language. 1.16.300 Hearing--Decision By Hearings
1.16.050 Reference To State Law. Officer.
1.16.060 Culpability--Chapter 1.16.305 Civil Penalty--Abatement
Provisions Not Exclusive. Requirements.
1.16.070 Effect Of This Chapter. 1.16.310 Civil Penalty--Assessment Of
1.16.080 Severability. Fees.
1.16.090 Reports Of Infractions. 1.16.320 Hearing--Records.
1.16.100 Review Of Reports-Sufficiency 1.16.330 Finality Of Decision--Appeals.
Of Evidence. 1.16.340 Remedial Action By City--
. Costs.
1.16.120 Notice Glass I inn-aetio s. 1.16.350 Default Judgment.
1.16 130 No-tiee CAORR '' "tea z-' 2 1.16.360 Enforcement--Rules And
i-nfraetiens. Regulations.
1.16.140 Time To Remedy Infraction 1.16.370 Lien Filing And Docketing.
After Notice. 1.16.380 Continuous Infractions.
1.16.150 Immediate Remedial Action 1.16.385 Failure To Comply With
Required When. Judgment Order.
1.16.160 Notice--Methods. 1.16.390 Penalty--Payment Due When.
1.16.170 Notice--Computation Of Time 1.16.400 Penalty--Classifications.
Period. 1.16.410 Penalty--Assessment.
1.16.180 Notice--Information Required. 1.16.415 Penal -Repeat Violation.
116.190 Failure To Respond To Notice. 1.16.420 Penal _Prior to Hearing.
1.16.200 Voluntary Compliance 116.4205 Delinquent Civil Penalties.
Agreement.
1.16.210 Uniform Civil Infraction 1.16.010 Title For Provisions.
Summons And Complaint-
Timing. The ordinance codified in this chapter shall
1.16.220 Uniform Civil Infraction be known as the "civil infractions ordinance," and
Summons And Complaint- may also be referred to herein as "this chapter."
Form. (Ord. 86-20 §l(Exhibit A(1)), 1986).
1.16.230 Uniform Civil Infraction
Summons And Complaint- 1.16.020 Establishment And Purpose.
Service--Failure To Receive--
Default. (a) The purpose of this chapter is to
1.16.240 Uniform Civil Infraction establish civil procedures for the enforcement of
Summons And Complaint- certain provisions of the Tigard Municipal Code
Respondent's Answe Required (TMC).
1-16-1 SE/Code Update: 11/01
Exhibit A
TIGARD MUNICIPAL CODE
with a civil infraction.
(b) The civil infraction procedures
established herein are for the purpose of (d) "Voluntary compliance agreement"
decriminalizing penalties for infractions of certain means an agreement, whether
civil ordinances and for the purpose of providing a written or verbal, between the Code Enforcement
convenient and practical forum for the hearing Officer and the respondent, which is intended to
and determination of cases arising out of such resolve the alleged civil infraction. (Ord. 86-20
infractions. The civil infractions procedure is §I(Exhibit A(4)), 1986).
intended to be used for all violations of the TMC
other than certain violations of Title 7 and Title jej "Violation" means failure to comity
10. with a requirement imposed direct or indirectly_
(e) The civil infractions abatement by this code. "Violation" nLalso mean civil
procedures established herein are for the purpose infraction, exce t as used in those peirtions of
of authorizing the City to proceed to abate such Chapter 7 and of Chapter 10 that do not use the
infractions if it is determined that the infraction civil infraction procedure.
presents an immediate danger to the public health,
safety or welfare. (f) "Civil Infraction" shall mean the failure
to comply with a code provision other than certain
(d) This chapter is adopted pursuant to the provisions of Chapter 7 and Chapter 10 and shall
home rule powers granted the City of Tigard by also mean therp ocess of imposing a civil malty
Article IV, Section 1,and Article XI, Section 2,of under, this chapter. References to "uniform_
the Oregon Constitution; Oregon Revised Statutes infraction" throughout the code other than in
30.315, and Sections 4 and 21 of the Charter of certain provisions of Chaff 7 and Chapter- 10
the City of Tigard. (Ord. 86-20 §1(Exhibit A(2)), shall be deemed to be references to "civil
1986). infraction."
1.16.030 Definitions.
1.16.040 Use Of Language.
For the purposes of this chapter, the
following definitions shall apply: As used in this chapter, pronouns indicating
(a) "Civil Infractions Hearings Officer" the masculine gender shall include the feminine
means the Municipal ,lodge or the individual gender; singular pronouns shall include the plural;
appointed by the Municipal Judge- with the and "person" shall,where appropriate, include any
delegated authority to preside over the code partnership, corporation, unincorporated
enforcement hearings and to perform the related association, the state of Oregon, or other entity.
functions as specified by this chapter. (Ord. 86-20 §I(Exhibit A(14)), 1986).
(b) "Code Enforcement Officer" means the 1.16.050 Reference To State Law.
individual or individuals appointed or delimited
by the Director of Community Development or Any reference to a state statute incorporates
the City, Manager to enforce the provisions of this into this chapter by reference the statute in effect
chapter. on the effective date of the ordinance codified in
this chapter. (Ord. 86-20 §](Exhibit A(]1)),
(c) "Respondent" means a person charged 1986).
1-16-2 SE/Code Update: 11/01
Exhibit A
TIGA" MUNICIPAL CODE
1.16.060 Culpability--Chapter All reports of or complaints of infractions
Provisions Not Exclusive. covered by this chapter shall be made or referred
to the an authorized Code Enforcement Officer.
(a) Acts or omissions to act which are (Ord. 86-20 §I(Exhibit A(5)(A), 1986).
designated as an infraction by any City ordinance
do not require a culpable mental state as an 1.16.100 Hevic-A,(A Reports
element of the infraction.
Assessment.
(b) The procedures prescribed by this
chapter shall be the exclusive procedures for (a) Statement of Facts Assessment. When
imposing civil penalties; however, this section an alleged infraction is reported to the Code
shall not be read to prohibit in any way alternative Enforcement Officer, the Code Enforcement
remedies set out in the Tigard Municipal Code Officer shall pfeffe a swenient of the farts and
which are intended to abate or alleviate code shall review the facts and circumstances
infractions, nor shall the City be prevented from surrounding the alleged infraction and if he or slic
recovering, in any manner prescribed by law, any deems it appropriate willrop ceed with appropriate
expense incurred by it in abating or removing enforcement actions,
ordinance infractions pursuant to any code
provision. (Ord. 86-20 §I(Exhibit A(3)), 1986). (b) Sufficiency of Evidence. The Code
Enforcement Officer shall not proceed further
1.16.070 Effect Of This Chapter. with the matter if the Officer determines that there
is not sufficient evidence to support the allegation,
(a) Citations or complaints issued and filed or if the Officer determines that it is not in the
with the municipal court prior to the effective date best interest of the City to proceed. (Ord. 86-20
of the ordinance codified in this chapter shall be §I(Exhibit A(5)(B)), 1986).
processed in accordance with the provisions in
effect at the time the complaint was issued. Z.'6.10 otiee Validity.
(b) Nothing in this chapter shall be 10 E)raor tO be e ffeetive any atieo
construed as a waiver of any prior assessment, :.,f..,eiian must be made—within ene hiiiidFed
bail or fine ordered by the municipal court. (Ord. twenty days prveeding the issuaRee of the unifbim
86-20 §I(Exhibit A(12)), 1986). .
!(Eyihibit 1986).
1.16.080 Severability.
1.16.120 Notice !`lass ' i.,f..aetions.
The provisions of this chapter are severable.
If any section, sentence, clause or phrase of this Notice of the alleged infraction may be given
chapter is adjudged to be invalid by a court of to the respondent before a uni€erm civil infraction
competent jurisdiction, that decision shall not summons and complaint is issued for Class—1 an
affect the validity of the remaining portions of the infraction. It is not a prerequisite to the issuance
chapter. (Ord. 86-20 §I(Exhibit A(]3)), 1986). of the summons and complaint, and the giving of
notice is at the sole discretion of the Code
1.16.090 Reports Of Infractions. Enforcement Officer. (Ord. 86-20 §l(Exhibit
1-16-3 SE/Code Update: 11/01
Exhibit A
TIGA" MUNICIPAL CODE
A(5)(C)(2)), 1986). (Ord. 86-20 §I(Exhibit A(5)(C)(5)), 1986).
1.16.130 Notice Class 2 And 2 1.16.160 Notice--Methods.
11'a Notice of Infraction is rit, ven to a re_ss ondent
Netiee of the alleged inffaetion shall be given ursuant to this chapter, service of such notice
may be made as follows:
class—3 inf-aetien_ (Clad 86 20 §1(Exhibit (a) A notice of the alleged infraction may
nr5vw3)) 1986 be given to the respondent in person by the Code
Enforcement Officer.
1.16.140 Time To Remedy Infraction
After Notice. (b) Notice of the alleged infraction may be
given by a telephone call to the respondent. If
If a Notice of _Violation isig ven to a notice is given in this manner, the respondent
respondent pursuant to this Chapter, the Codc may be Lc� at the
Enforcement Officer shall give the respondent a code enforcement officer's discretion, a notice of
reasonable time to cure or remedy the alleged infraction by first class mail sent to his last known
infraction after the notice is given. The time address as soon as possible after the initial notice
allowed shall not be less than seveii days twenty- by telephone.
four hours, nor more than thirty days. Where
there is an extreme hardship, as determined by the (c) A notice of the alleged infraction may
Code Enforcement Officer, the Officer may grant be given by mailing to the respondent at his last
additional time to the respondent. (Ord. 86-20 known address.
§1(Exhibit A(5)(C)(4)), 1986). mail, r-etum Feeeipt Fequested. (Ord. 86-20
§I(Exhibit A(5)(C)(6)), 1986).
1.16.150 Immediate Remedial Action
Required When. (d)A notice of the alleged infraction may be
=i� very by affixing to the main door of the property
Notwithstanding the remedial time period or premises. If notice is given in this manner, the
contained in Section 1.16.140, if the Code Code Enforcement Officer maL at his or her
Enforcement Officer determines that the alleged discretion also provide the respondent with a
infraction presents an immediate danger to the notice of infraction by mail sect to the
public health, safety or welfare, or that any respondent's last kuow_n address as soon as
contimiance of the violation would allow theosp sible after the initial notice by postirig.
reondent to Mofit from the violation or would
otherwise be offensive to the DUblic at large the 1.16.170 Notice--Computation Of Time
Officer may require immediate remedial action. Period.
If. in such cases, the Code Enforcement Officer is
unable to serve a notice of infraction on the (a) Where the notice of infraction is
respondent or, if after such service the respondent delivered in person; or by telephone the time
refuses or is unable to remedy the infraction, the period shall begin to run immediately upon such
City may proceed to remedy the infraction as delivery.
provided in Section 1.16.340 of this chapter.
1-16-4 SE1Code Update: 11/01
Exhibit A
TIGARD MUNICIPAL CODE
(b) Where the notice of infraction is mailed civil infraction summons and complaint will be
to the respondent, for the purposes of issued and a forfeiture in the maximum amount
computing any time period prescribed provided for the particular infraction may be
by this chapter, notice shall be imposed.
considered complete three days after
such mailing, if the address to which it The following informations be included in the
is mailed is within the state, and seven notice of infraction adi
_t the scretion of the _code
days after mailing if the address to enforcement officer.
which it is mailed is outside the state.
(e) An invitation to contact the Codc
0 Where the notice o_f infraction is affixed Enforcement Officer to discuss any questions the
to the main door of the property or premises respondent play have about the alleged violation,
notice shall be, considered complete three days the requirements for compliance, and aUw
after such affixation. (Ord. 86-20 §1(Exhibit possibility of enterin- into a voluntary compliance
A(5)(C)(7)), 1986). agreement. (Ord. 86-20 §1(Exhibit A(5)(C)(8)),
1986).
1.16.180 Notice--Information
1.16.190 Failure To Respond To Notice.
The following information shall be included
in the notice of infraction if one isig vcii: When If notice isig ven, and the respondent
either receives or rejects the notice of infraction
(a) A description or identification of the and fails to remedy or cure the alleged infraction
activity or condition constituting the alleged within the time specified in the notice of
infraction, and the identification of the recipient as infraction, the Code Enforcement Officer shall
the respondent; serve the respondent with a unif4m civil
infraction summons and complaint. (Ord. 86-20
(b) A statement that the Code Enforcement §1(Exhibit A(5)(C)(9)), 1986).
Officer has determined the activity or condition to
be an infraction; 1.16.200 Voluntary Compliance
Agreement.
(c) A statement of the action required to
remedy or cure the alleged infraction,and the time (a) Effect of Agreement.
and date by which the remedy must be completed
unless a voluntary compliance agreement is (1) The Code Enforcement Officer
executed; may enter into a written voluntary compliance
agreement with the respondent. The agreement
(d) An iHvitutien—tapartieipate in an shall include time limits for compliance and shall
informal dis �ernmng the -alleged be binding on the respondent.
inffaetion and the possibility of the r-espendent
(2) The fact that a person alleged to
— (e) A statement advising the respondent that have committed a civil infraction enters into a
if the required remedy is not completed within the voluntary compliance agreement shall not be
time specified and the respondent has not entered considered an admission of having committed the
into a voluntary compliance agreement, a unifor"i infraction for any purpose.
1-16-5 SE/Code Update 11/01
Exhibit A
TIGARD MUNICIPAL CODE
expired and the infraction has not been cured.
(3) The City shall abate further (Ord. 86-20 §](Exhibit A(5)(D)(1)), 1986) .
processing of the alleged infraction during the
time allowed in the voluntary compliance 1.16.220 Uniform Civil Infraction
agreement for the completion of the necessary Summons And Complaint--
corrective action. The City shall take no further Feria Process Requirements
action concerning the alleged violation if all terms
of the voluntary compliance agreement are (a) The Hife-n in4aetieH sumniens and
satisfied, other than steps necessary to terminate eemplaint shall eensist of at least thfee pages.
the mer enforcement action. Additional pages may be ifiseFted 4;3F
(b) Failure to Comply with Agreement. The The physical form takenb� a civil infraction
failure to comply with any term of the voluntary summons and complaint is not material. What is
compliance agreement constitutes a an additional material is the substance, the information
and separate Glass 4 eivil infraction, and shall be contained therein. The City jTay utilize various
handled in accordance with the procedures physical formats for the sununons alid co�aiiit.
established by this chapter, except that after the A "lout; form" and a _short form" are Vecifica1_
voluntary compliance agreement has been signed authorized but other formats ►nay be used. The
no further notice state uniform citation _may be uscd. Anv form
agFeement has been signed need be given beforerp epared by the City should normally contain or
the a unifoFm civil infraction summons and solicit the followining information, but no
complaint is issued. The City may also proceed complaint qr summons shall be considered invalid
on the alleged infraction that gave rise to the for failure to comply with. these rules, so long as
voluntary compliance agreement. (Ord. 86-20 the basic information regarding the infraction and
§1(Exhibit A(5)(C)(10)), 1986). the court date is included.
(1) The
1.16.210 Uniform Civil Infraction (2` The^ ^lain*;and
Summons And Complaint--
Timing. - (3) The-Stater;,cHt Of faetS ffepffed by
thO GO& EflfOFeement- Of€tear—pUFsttatrt e
A unifaf:m civil infraction summons and S0bSe6t*E)H (a)Of Sfttiffl 1.16.100 of this ehapten
complaint may be served on the respondent:
(b)
(a) Immediately upon discovery of the
infraction if it is., (''lass 1 6iVi1 :.,f aetie ; The civil infractions summons and complaint shall
contain the following information
(b) Where a notice of infraction is given,
when and the response period in the notice-e€ (1) The file number alld the Hame of
mien violation notification has expired; or the Hearings nffi^er; The name and address of the
(c) Where a voluntary compliance respondence
agreement has been executed, whether verbal. or
written, when the period for compliance has (2) The fut ,e afi l address (a tl-ie
1-16-6 SE/Code Update: 11/01
Exhibit A
TIGARD MUNICIPAL CODE
respondent; A description of the infraction that (8) A notice that a complaint based_ on
can be understood by aep_rson makin- a the violation will be filed with the court;
reasonable effort to do so,
The amount of the _maximum Civil
(3) The in4_aetie;= with whieh—-eep nalty for he infraction:
respondent is eharged, the elass of the in4aetion,
. 10) An explanation of the respondent's
Th Code Enf r-eeniefit Off eer is autherized to obligation to appear at the hearin and that a
feduee the affieunt ofthe penalty when paid by the monetary udkment may be entered for ►p to the
maximum penalties if the respondent fails to make
seetiefl. The date, times and1p ace at which the all required court appearances.
infraction is alleged- to have been committed. If
the infraction is alleged to be ongoing, the civil, A space wherein the respondent
infractions summons and complaint shall so state mclr1y admithaving committed the alle,�,ed
and shall list a date on which the infraction was infraction.
observed. — — -
(4) The date, .,time and place t whieh
l 1
the hearing on the infraction
(1) Anappfoppia* fOFffi h SeeHe
appeaF at the heafiHg, and that allietifit. of the r-espetident may admit ef deny having eeniflii4ed
«;t., foes Fequ ..ed f r the he.,r:.,.. is f:f y the alleged iRf Assi,.m
dollars, stibjeet to waivef as pfevided in
..hseetieii (e)(2) of eeetiofi 1.16.240; A file_ or (2 12) The time period for returning
reference number; the form to the Code 9Hf eemAnt 04;^eY court;
(5) (3) A ot;oe that ;f the respondent
,ht t„ ., hear-iRg With the Fight tom. ent.,t; eHieS having fnitted the alleged r.f action
expense,
b eounsel at al theFight to o..ss., ,da e sty he the date .,,d; .d ate ,the
e�L Se—witnesses, • ,d the fight to 40flt Of the StH fflEM ,, the —seeurity 4:-es
Elie
witnesses, along with a notiee tha4 the east of the denial, subjeet to waivef as provided iH subseetion
heaFing, including witness fees, may be ehaFged to (e)(2)of SeetiOH 1.16.2 4 0;
the r abient if the final l order- of the Heafifigs
(4 13) A notice that, if the respondent
;HfFaetieH as ehafge,7 The date the civil infraction admits having committed the infraction as
summons and complaint was issued; charged, eash, a eheelk or a money or payn►ent,
in the amount shown on the€runt of t;e summons
The name of the enforcement and complaint or as aggreed with the Code
officer issuin- the citations Enforcement Officer pursuant to 1.16.420 of this
chapter, asmay he appro rp iate• must accompany
The time, date, a►�d location at the admission.
which the respondent is to appear in court;
-— (d)
1-16-7 S6/Code Update: 11/01
Exhibit A
TIGARD MUNICIPAL CODE
eentain the following infeffliatiow a true copy of the summons and complaint,
together with a statement of the date, time and
1) The da4e time and plaee theA i"- place at which service was made must be mailed
alleged iFiffaetien eeratifr-ed OF, if the iliffifetiOH is to the respondent at the respondent's last known
of a ti *tio aa4e time and plaee the address. Service will be considered complete
iriffaefien was observed by the Code Enforeement upon such a mailing. Service by any other
Offieef or the eitizen signing the eetnpWnt-, method reasonably calculated, under all the
(2) The date on •.,hien the compiaint circumstances, to apprise the respondent of the
was issued; existence and pendency of the infraction and to
afford a reasonable opportunity to respond shall
(3) The name of the per-son .,he signed be acceptable.
the complaint and the SigHatWe Of that PeFSOW, (b) Service on particular respondents, such
(4 14) A form of verification that the as minors, incapacitated persons, corporations,
person signing the complaint swears that the limited partnerships, the state, other public bodies
person has reasonable grounds to believe, and and general partnerships shall be as prescribed for
does so believe,that the respondent committed the the service of a civil summons and complaint by
alleged infraction;-awl the Oregon Rules of Civil Procedure.
(5 (c) No default shall be entered against any
eivil paint has boon-ilea with the Civil respondent without proof that the respondent had
l faction Hearings of ef. (Ord. 86-41 §§1--4, notice of the tmi€erm civil infraction summons
1986; Ord_ 86-35 §§1--4, 1986; Ord. 86-20 and complaint. A sworn affidavit of the Code
§I(Exhibit A(5)(D)(2)), 1986). Enforcement Officer outlining the method of
service, including the date, time and place of
1.16.230 Uniform Civil Infraction service shall create a rebuttable presumption that
Summons And Complaint- the respondent had such notice. (Ord. 89-21 §1,
Service--Failure To Receive-- 1989: Ord. 86-20 §I(Exhibit A(5)(D)(3)), 1986).
Default.
1.16.240 Uniform Civil Infractions
(a) Service of the ttniferttt civil infraction Summons And Complaint--
summons and complaint may be made by personal Respondent's Answer Response
service on the respondent or an agent for the Required.
respondent ; by
substitute service at the respondent's dwelling or (a) mower Kesponse Required - A
office; by aff_ixin- to the main door of the respondent served with a uniferm civil infraction
property orrep mises, or by registered certified summons and complaint shall answex respond to
mail, return receipt requested,to the respondent at the complaint by personally appearing at the
his last known address. In the event of substitute scheduled
service at the respondent's dwelling, the person first appearance or
served must be at least fourteen years of age and making a_ written response by mail or personal
residing in the respondent's place of abode. delivery to the Godo Elif eement Offiee
Service at the respondent's office, must be made . d by the Gi�y wiIhin ten days of the date of
during regular business hours to the person who is the sery+ee of
apparently in charge. If substitute service is used, tions{b)and(c)below court.
1-16-9 SF/Code Update_ 11/01
Exhibit A
TIGARD MUNICIPAL CODE
(b) Admission. the hae'k of the summons alld foi wa ding the
(1) If the respondent admits the eomt Hearings OfPeeF. Upon r-eeeipt the answ
infraction, the respondent may senplete— he sly be entered.he seeuiit-eeunrfees r-eeei;ed
iswe so indicate on the baek of eaeh shall be retumed !E)—*"e r-^ pondent upon his
summons and forward thestimmons to the Civil uppearanee 14- the hearingexeept as ^too
l;aet:^., Hearings Offieef form to the court. Nr^ ided for i, this ehapt
Cash, a eheek or a meney Fav Payment in the
amount of the civil penalty for the infraction, as (2) The security fees may be waive
shown on the frrvm of the summons or as agreed :.hole or in „"..t "t the diser-et;^., of the Hearings
„°ith the Code F;nforce ment Officer PUSLiant to
section 1.16.420 of this chapter, shall be
submitted with the anSWer response. An shall inelude the Feasons for the Fequest. (Ord. 86
appropriate erg findings shall be entered in the ;
records of the Civil Infraction Hearings Officer ,
indicating the receipt of the civil penalty.
(2)-A peFsan—whe—admits to the
ifif itetie_. s}"'" have ten days fforn the Elate the 1.16.250 No Right To Jury.
OFde.. : e.,teFed in the . eras toeure Ar- Feffled.'
the i fifiaet'^^, exeept ' situa4ions whefethe Code Any hearing to determine whether an
Enfi...,.,., ent Offieer deter i that t' infraction has been committed shall be held before
dagger to the publie, iH whish ease a Jesse the Civil Infraction Hearings Officer without a
amount of time Faa),be spee jury.(Ord. 86-20 §I(Exhibit A(5)(F)(1)), 1986).
(c) Denial.First Appearance 1.16.260 Representation By Counsel.
It the respondent does not admit the infraction,the
respondent _must appear at the scheduled _first The respondent may be represented by legal
appearance. At the first appearance, the counsel; however, legal counsel shall not be
respondent may deny the infraction and re nest a provided at public expense. if legal eounsel is to
hearing, admit the infraction, or not contest the appear-, wWritten notice shall be provided to the
infraction. If the respondent either admits or does Hearings Officer and Code Enforcement Officer
not contest the infraction the respondent shall be no later than five days prior to the hearing a"*^
given the opportunity torp ovide a statement. any appearance by legal counsel at an appearance
Based on the statement providedby, the or hearin . (Ord. 86-20 §1(Exhibit A(5)(F)(2)),
responders and my additional information 1986).
provided by the Code Enforcement Officer, the
Civil Infractions Hearings Officer shall impose a 1.16.270 Opportunity To Be Heard--
penalty not to _exceed the maximum eennalty Cross-Examination.
allowed for the infraction. If the respondent
request a hearing a hearing shall be scheduled. At a hearing 44he a respondent shall have the
right to present evidence and witnesses in the
(1) The Fespandent may--request--a respondent's favor, to cross-examine any
liear-iHg on the date indiemed in the summons by witnesses who testify against the respondent, and
1-16-9 SE/Cude Update: 11/01
Exhibit A
TIGARD MUNICIPAL CODE
to submit rebuttal evidence. (Ord. 86-20 Evidence shall be admitted if it is of the type
§I(Exhibit A(5)(F)(3)), 1986). which responsible persons are accustomed to rely
on in the conduct of serious affairs, regardless of
1.16.280 Witnesses. the existence of any common law or statutory rule
which might render such evidence inadmissible in
(a) The respondent may request that civil actions in courts of competent jurisdiction in
witnesses be ordered by subpoena to appear at the this state.
hearing. The respondent shall make such request
in writing to the 14eaFiRgS nrfi^e~ ^* the *im (4) Exclusion of Evidence. Irrelevant
allswer is returned, or subsequently by mail at any or unduly repetitions evidence shall be excluded.
4W,e court at least five days prior to the scheduled
hearing. A deposit—o- eaeah ..,mess shall (b) Burden of Proof. The complainant or, if
the City is the complainant,the Code Enforcement
Officer, shall have the burden of proving the
oi-d-em of the s-O;freer The deposit s"-A" alleged civil infraction by a preponderance of the
be--in--the evidence. (Ord. 86-20 §1(Exhibit A(5)(F)(5) and
p4 (6)), 1986) .
C-(
1.16.300 Hearing--Decision By Hearings
(b) Subject to the same five-day limitation, Officer.
the Code Enforcement Officer, the citizen who
signed the complaint, or the City Attorney, as The Hearings Officer shall determine if the
appropriate, may also request in writing that the respondent committed the infraction as alleged in
Hearings O ffiRo~ court order certain witnesses to the complaint. When the infraction has not been
appear by subpoena. If a civil penalty is declared proven, a written order dismissing the complaint
in the final order, the order shall also provide that shall be entered in the court records of *
the respondent shall pay any witness fees payable "e^ iilgS Offie ~ When the Hearings Officer
in connection with the hearing. (Ord. 86-20 finds that the infraction was committed, a written
§1(Exhibit A(5)(F)(4)), 1986). ofder findings shall be prepared which sets out
sufficient information to substantiate the
1.16.290 Hearing--Admissible Evidence. commission of the infraction. Written orders,
including; findings, shall be prepared within ten
(a) Admissible Evidence. working days of the oral decision. A eepy-o#the
or-der shall be deliver-ed, personally or by mail, to
(1) Relevant Evidence. The hearing the fespendent, and the Code EfltbFGeMellf
shall be limited to production of evidence only on O€heer. The court shall serve true cow ofd the
the infraction alleged in the complaint. Hearings Officer's findin s order and judgment
on all >ail -ties, either personales or by mail. (Ord.
(2) Oral Evidence. Oral evidence shall 89-21 §2, 1989: Ord. 86-20 §1(Exhibit
be taken only upon oath or affirmation A(5)(F)(7)), 1986).
administered by the Civil Infractions Hearings
Officer. 1.16.305 Civil Penalty--Abatement
Requirements.
(3) Admissibility of Evidence.
1-16-10 SE/Code Update: 11/01
Exhibit A
TIGARD MUNICIPAL CODE
Upon a finding that the infraction was remedial costs back to the respondent. For the
committed by the respondent, the Hearings purposes of this subsection "a final decision of the
Officer may require the respondent to abate the Hearings Officer" means a final decision for
ordinance infraction within a specified time period which judicial review was not sought within the
identified in the final order. (Ord. 89-21 §3, time allowed by law or a decision of the Hearings
1989). Officer that was upheld by a final decision in the
judicial review and appeal process.
1.16.310 Civil Penalty--Assessment Of
Fees. (b) In the case of an immediate danger to
the public health, safety or welfare declared under
Upon a finding that the infraction was Section 1.16.150 of this code, the City may
committed by the respondent, the Hearings remedy the infraction and charge the remedial
Officer may assess a civil penalty pursuant to cost back to the respondent, after obtaining a
Sections 1.16.380 through 1.16.420 of this warrant to enter the property and abate the
chapter, plus hearing costs and witness fees, if infraction. If the immediate danger constitutes an
any. (Ord. 86-20 §I(Exhibit A(5)(17)(8)), 1986). emergency threatening immediate death or
physical injury to persons, the City may abate the
1.16.320 Hearing--Records. infraction without obtaining a warrant if the delay
associated with obtaining the warrant would result
The Hear-ings-Offi court shall maintain a in increased risk of death or injury, and may
record of the hearing proceedings. A mechanical charge the remedial costs back to the respondent.
recording of the hearing, accompanied by any
written documents, correspondence or physical (c) The Code Enforcement Officer shall
evidence associated with the matter, shall be have the right at reasonable times to enter into or
sufficient to meet the requirements of this section. upon property in accordance with law to
(Ord. 86-20 §1(Exhibit A(5)(F)(9)), 1986). investigate or to remedy the infraction. This
provision does not authorize a warrantless entry
1.16.330 Finality Of Decision—Appeals. when a warrant is required by state or federal law.
The determination of the Hearings Officer (d) The Finance Officer shall keep an
shall be final. Review of the Hearing Officer's accurate record of all the costs incurred by the
determination shall be to the circuit court by writ City in remedying the infraction. The Finance
of review, pursuant to Chapter 34 of the Oregon Officer shall notify the respondent by certified
Revised Statutes. (Ord. 86-20 §1(Exhibit mail, return receipt requested, of these costs, and
A(5)(F)(10)), 1986). advise the respondent that the costs will be
assessed to and become a lien against the
1.16.340 Remedial Action By City-- respondent's property if not paid within thirty days
Costs. of the notice, and shall further notify the
respondent that the respondent is entitled to a
(a) Upon finding that an infraction was hearing to contest the amount of the costs to be
committed, as determined by a final decision of assessed.
the Hearings Officer,the City may,after obtaining
a warrant to enter the property and abate the (e) The respondent shall be entitled to
infraction, remedy the infraction and charge the request t-khAtthe—G.dP_ ERf-^RMRR* O ff40-
] SE/Code Update: I1/01
Exhibit A
TIGARD MUNICIPAL CODE
sehedule a hearing to consider the amount of the
costs assessed to remedy the alleged infraction. (b) Upon receipt of this transcript, the
That hearing shall be conducted pursuant to the Finance Officer shall enter the judgment of the
procedures established in Sections 1.16.250 Hearings Officer on the City's lien docket.
through 1.16.330 of this chapter.
(c) From the time of entry of the judgment
(f) If the remedial costs are not paid, the on the City's lien docket, the judgment shall be a
Finance Officer shall follow the procedures for lien upon the real property of the person against
lien filing and docketing as contained in Section whom the judgment was entered in the hearing.
1.16.370 of this chapter. (Ord. 99-01; Ord. 86-20 Except as provided in subsection (d) of this
a71(Exhibit A(6)), 1986). section, entry of the judgment in the City's lien
docket shall not thereby extend the lien of the
1.16.350 Default Judgment. judgment more than ten years from the original
entry of the judgment at the hearing.
Subject to the limitations set forth in Section
1.16.230(c), a default judgment shall be entered (d) Whenever a judgment of the Hearings
fer in an amount ip to the maximum civil penalty Officer which has been entered pursuant to this
applicable to the charged infraction if the subsection is renewed by the Hearings Officer,the
respondent fails to appear at the scheduled lien established by subsection(c)of this section is
hearing. if the Fespondent fails to appeff for the automatically extended ten years from the date of
heaFing anoseewityfposted shall be forfeited the renewal order.
to theCity. (Ord. 86-20 §1(Exhibit A(7)), 1986).
(e) The Finance Officer shall file the
1.16.360 Enforcement—Rules And transcript of the judgment with the Washington
Regulations. County clerk for entry in the judgment docket of
the circuit court. All costs associated with the
The Code Enforcement Officer is authorized filing of the transcript shall be added to the
to promulgate any rules he or she considers amount of the judgment. (Ord. 86-20 §l(Exhibit
necessary to enforce this chapter. To be effective, A(9)), 1986).
such rules must be approved by the City Council
by resolution. (Ord. 86-20 §1(Exhibit A(10)), 1.16.380 Continuous Infractions.
1986).
When an infraction is of continuous nature,
1.16.370 Lien Filing And Docketing. unless otherwise specifically provided, a separate
infraction shall be deemed to occur on each
(a) When a judgment is rendered by the calendar day the infraction continues to exist.
Hearings Officer in favor of the City for the sum (Ord. 86-20 §l(Exhibit A(8)(A)), 1986).
of ten dollars or more, exclusive of costs and
disbursements, the Code Enforcement Officer 1.16.385 Failure To Comply With
shall, at any time thereafter while the judgment is Judgment Order.
enforceable, file with the City Finance Officer a
certified transcript of all those entries made in the Failure to abate an infraction or pay the civil
docket of the Hearings Officer with respect to the penalty or court costs imposed within the time
action in which the judgment was entered_ allowed for abatement or payment shall constitute
1-16-12 SE/Code Update: 11/01
Exhibit A
TIGARD MUNICIPAL CODE
a Class I civil infraction. Failure to comply with 1.16.415 Penalt- Repeat Violations.
a judgment order is a continuous infraction and a
separate infraction will be deemed to occur each The maximum amounts of the evil penalties set
calendar day the failure to comply infraction forth in section 1.16.410 above shall be doubled in
continues to exist past the time allowed in the the event that the respondent is found in violation
judgment order. (Ord. 89-21 §4, 1989). of a second and similar violation within 24-
months of the initial violation and quadrupled in
1.16.390 Penalty--Payment Due When. theevent of a third or subse uent repetition within
24-months of the initial violation.
Any civil penalty assessed shall be paid no
later than thirty days after the final order. Such 1.16.420 Penalty--Prior to Hearinp_.
period may be extended upon order of the
Hearings Officer. (Ord. 86-20 §1(Exhibit The Code Enforcement Officer is authorized to
A(8)(B)), 1986). reduce the amount of the enal to be paid_�, the
respondent, if theeip salty amount is paid in full on
1.16.400 Penalty—Classifications. or before the tome and date of the first appearance.
For the purpose of determining civil 1.16.420 5 Delinquent Civil Penalties.
penalties, infractions are classified in the
following categories: Delinquent civil penalties and those imposed
by default judgment which were assessed for
(a) Class l infractions; infractions may, in addition to any other method,
be collected or enforced pursuant to Oregon
(b) Class 2 infractions; Revised Statutes 30.310. (Ord. 86-20 §1(Exhibit
(c) Class 3 infractions. (Ord. 86-20 A(8)(E)), ]986).■
§I(Exhibit A(8)(C)), 1986).
1.16.410 Penalty--Assessment.
The civil penalty to be assessed for a specific
infraction shall be as follows:
(a) For Class 1 infractions,an amount not to
exceed two hundred fifty dollars;
(b) For Class 2 infractions,an amount not to
exceed one hundred fifty dollars;
(c) For Class 3 infractions,an amount not to
exceed fifty dollars. (Ord. 86-20 §](Exhibit
A(8)(D)), 1986).
1-16-13 SL/Cvde Update. 11/01