Ordinance No. 03-10 CITY OF TIGARD, OREGON
ORDINANCE NO. 03- 10
AN ORDINANCE ESTABLISHING AND IMPOSING A STREET MAINTENANCE FEE,
PROVIDING FOR COLLECTION OF THE STREET MAINTENANCE FEE, LIMITING FEE
PROCEEDS TO STREET MAINTENANCE AND AMENDING THE TIGARD MUNICIPAL CODE
BY ADDING A NEW CHAPTER 15.20,AND DECLARING AN EMERGENCY
WIiCREAS, within the Street System Program, the City perforans street maintenance as needed to
maintain the street infrastructure; and
WMREAS, the City Council desires to develop a system whereby occupants of developed property
provide fwnding for the continuing maintenance of the street infrastructure; and
WHEREAS, the City Council finds that the development of a fee structure based on a five-year
maintenance and reconstruction plan prepared by the City and allocated among residential and non-
residential uses based on prevalent use of the street category to be a generally reasonable and reliable basis
for implementing this ordinance; and
WHEREAS, the City Council finds that allocation of the costs for residential uses on a per unit basis for
both single family and multifamily units is reasonable to establishing the fees for residential use; and
WHEREAS, the City Council finds that the use of minimum parking space requirements based on the
Tigard Development Code for non-residential uses with a 5-space minimum and 200-space maximum takes
into account businesses that draw from a larger area than just Tigard and fairly apportions costs to all non-
residential uses;
WHEREAS, the City Council finds that there is an urgent need to repair and maintain City streets to avoid
further deterioration in order to protect the health and safety of citizens;
NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard Municipal Code is amended by adding a new Chapter 15.20 to read as
follows:
15.20.010 Street Maintenance Fee — Creation and Purpose. A Street Maintenance
Fee is created and imposed for the purpose of maintenance of City streets. The Street
Maintenance Fee shall be paid by the responsible party for each occupied unit of real
properly. The pin-poses of the Street Maintenance Fee are to charge for the service the
City provides in maintaining public streets and to ensure that maintenance occurs in a
timely fashion, thereby reducing increased costs that result when maintenance is
deferred.
15.20.020 Definitions. As used in this ordinance,the following shall mean:
ORDINANCE No. 03- (�
Page 1
(1) City Engineer. The City Engineer or the City Engineer's designee.
(2) Developed property or developed use. A parcel or legal portion of real properly,
on which an improvement exists or has been constructed. Improvement on
developed properly includes, but is not limited to buildings, parking lots,
landscaping and outside storage.
(3) Finance Director. The Finance Director or the Finance Director's designee.
(4) Residential Property. Properly that is used primarily for personal, domestic
acconnrnodation, including single family, multi-family residential property and
group homes,but not including hotels and motels.
(5) Non-residential Property. Property that is not primarily used for personal,
domestic accommodation. Nan-residential property includes industrial,
commercial, institutional,hotel and motel, and other non-residential uses.
(6) Street Functional Classification. Street classifications as described in the Tigard
Transportation System Plan.
a. Arterials are defined as streets having regional level connectivity. These streets
link major conunercial,residential,industrial and institutional areas.
b. Collectors are defnied by citywide or district wide connectivity. These streets
provide both access and circulation within and between residential and
comnnerciallindusttrial areas.
c. Neighborhood routes are defined as streets that provide connections within the
neighborhood and between neighborhoods. These streets provide connectivity
to collectors or arterials.
d. Local streets are any streets within the City that are not designated as arterials,
collectors, or neighborhood routes. These streets have the sole function of
providing access to immediately adjacent land.
(7) Parking space requirement. The minimum Off-Street parking requirement as
required by Community Development Code Chapter 18.765.
(8) Occupied unit. Any structure or any portion: of any structure occupied for
residential, commmercial, industrial, or other purposes. For example, in a multi-
family residential development, each dwelling unit shall be considered a separate
occupied unit when occupied, and each retail outlet in a shopping mall shall be
considered a separate occupied unit. An occupied emit may include more than one
structure if all structures are part of the sanne dwelling unit or cormnnercial or
industrial operation. For example an industrial site with several structures that
form an integrated manufacturing process operated by a single manufacturer
constitutes one occupied unit. Property that is undeveloped or, if developed, is not
in current use is not considered an occupied unit.
ORDINANCE No. 03- 10
Page 2
(9) Responsible party. The person or persons who by occupancy or contractual
arrangement are responsible to pay for utility and other services provided to an
occupied unit. Unless another party has agreed in writing to pay and a copy of the
writing is filed with the City, the person(s) paying the City's water and/or sewer
bill for an occupied unit shall be deemed the responsible party as to that occupied
unit. For any occupied unit not otherwise required to pay a City utility bill,
"responsible party' shall mean the person or persons legally entitled to occupancy
of the occupied unit, unless another responsible party has agreed in writing to pay
and a copy of the writing is filed with the City. Any person who has agreed in
writing to pay is considered the responsible person if a copy of the writing is filed
with the City.
(10) Street maintenance. Any action to maintain City streets, including repair, renewal,
resurfacing, replacement and reconstruction. Street Maintenance does not include
the construction of new streets or street lighting. Street maintenance shall include
resurfacing of existing streets,repair or replacement of curb and gutter where they
exist, repair or replacement of the entire existing street structural section, repair or
replacement of existing street shoulders, pavement markers, striping and other
street markings, repair or replacement of existing channelization devices,
adjustment of existing utilities to match finish grades, and any other related work
within the existing streets to match existing grade. It includes repair or restoration
of existing storm drainage systems within existing streets, but does not include
installation of new drainage systems. The following are excluded from street
maintenance work: repair or replacement of existing sidewalks and planter strips.
15.20.030 Administrative Officers DesiLynated.
(1) Except as provided hi subsections (2) and(3) of this section, the City Engineer shall
be responsible for the administration of this chapter. The City Engineer shall be
responsible for developing administrative procedures for the chapter, administration
of fees, consideration and assignment of categories of use, and parking space
requirements for the categories of use subject to appeal to the City Council.
(2) The City Engineer shall be responsible for developing and maintaining street
maintenance programs for the maintenance of City streets and, subject to City
Budget Connrnittee review and City Council approval, allocation and expenditure of
budget resources for street system maintenance in accordance with this chapter.
(3) The Finance Director shall be responsible for the collection of fees under this
chapter.
15.20.040 Street Maintenance Fees Allocated to the Street Maintenance Fee Fund.
(1) All Street Maintenance Fees received shall be deposited to the Street Maintenance
Fee Fund or other fund dedicated to the operation and maintenance of the City street
system. The Street Maintenance Fee Fund shall be used for street maintenance.
Other revenue sources may also be used for street maintenance. Amounts in the
Street Maintenance Fee Fund may be invested by the Finance Director in accordance
ORDINANCE No. 03- {�
Page 3
with State law. Earnings from such investments shall be dedicated to the Street
Maintenance Fee Fund.
(2) The Street Maintenance Fee Fund shall not be used for other governmental or
proprietary purposes of the City, except to pay for an equitable share of the City's
overhead costs including accounting, management and other costs related to
management and operation of the street maintenance program. Engineering design,
construction management, and other related costs, including project advertisements
for bid, in tine implementation of the street maintenance projects shall also be
considered as being used for street maintenance.
15.20.050 Determination of Street Maintenance Fee.
(1) The Street Maintenance Fee shall be established based on the following:
(a) The City's 5-year maintenance and reconstruction plan for corrective and
preventative maintenance of the City's street infrastructure.
(b) The average annual cost based on the 5-year maintenance and reconstruction
plan with costs allocated as follows:
(i) Arterial maintenance costs allocated 100%to non-residential uses.
(ii) Collector maintenance costs allocated 50% to residential uses and 50%
to non-residential uses.
('iii) Neighborhood routes and local street maintenance costs allocated
100%to residential uses.
(c) For residential property,the fee shall be charged on a per unit basis.
(d) For non-residential property other than gasoline stations, the fee shall be
based on the minimum number of parking spaces required by Chapter
18.765 of the Tigard Community Development Code for each occupied unit,
provided however that the minimum number of parking spaces for purposes
of calculating the Street Maintenance Fee shall be five and the maximum
number shall be 200.
(e) The Street Maintenance Fee for gasoline stations shall be based on the
number of fueling positions.
(2) The Street Maintenance Fee rates shall be established by Council resolution.
(3) The program shall be reviewed after three years and the rates shall be re-
established based on the annual average cost of an updated 5-year plan. Any
overruns and underruns recorded during the three-year period shall be factored in
as part of the re-establishment of the fee rates. Any additional funds for street
maintenance received from the State through legislation shall also be considered
ORDINANCE No. 03-
Page 4
to offset the revenue from the fees in the re-establishment of the fee rates.
(4) The Finance Director shall review the revenue received from the Street
Maintenance Fee after the first fall year following implementation. If the revenues
are not meeting the annual finding level set from the 5-year maintenance plan, the
Finance Director, in coordination with the City Engineer, may recommend a fee
increase sufficient to meet that funding level. Council may, at its discretion,
increase the fees through resolution based on the Finance Director's
reconumendation.
(5) In recognition that religious institutions have minimum parking space
requirements that are relatively large in comparison to the actual use of those
spaces,the fee for religious institutions shall be based on one-half of the minimum
parking space requirements for each religious institution.
15.20.060 Determination of Amour Bil in and Collection of Fee..
(1) The minimum required number of parking spaces or the number of fueling positions
for each occupied unit of nonresidential property shall be determined by the City
Engineer. For uses not explicitly listed in the Tigard Development Code as to
required parking, the City Engineer shall assign the use to the most similar category,
considering at least the following factors as well as any other relevant information:
(a) The size of the site and the building;
(b) The number of employees;
(c) Other developed sites with similar use.
(2) The City Engineer shall establish the amount of Street Maintenance Fee payable for
each unit of nonresidential property and shall inform the Finance Director of the amount.
The amount payable shall be redetermined if there is a change in use or development.
All redeterminations based on a change in use or development shall be prospective only.
The Finance Director shall charge the per-unit Street Maintenance Fee to the responsible
pa-ty for each occupied unit of residential property.
(3) The Street Maintenance Fee shall be billed to and collected from the responsible
party for each occupied unit. Billings shall be included as part of the bimonthly water
and sewer bill for occupied units utilizing City water and/or sewer, and billed and
collected separately for those occupied units not utilizing City water and/or sewer. All
such bills shall be rendered bimonthly by the Finance Director and shall become due and
payable upon receipt.
(4) Collections from utility customers will be applied first to interest and penalties,
then proportionately among the various charges for utility services and street
maintenance.
ORDINANCE No. 03-
Page 5
(5) An account is delinquent if the Street Maintenance Fee is not paid by the due date
shown on the utility bill. The City may follow the procedures for collection of
delinquent accounts set forth in Section 12.03.030 and/or 12.03.040, including
termination of water and/or sanitary sewer service.
1.5.20.070 Waiver of Fees in Case of Vacanc .
(1) When any developed property within the City becomes vacant as described in
Subsection 3, upon written application and approval by the Finance Director, the
Street Maintenance Fee shall thereafter not be billed and shall not be a charge
against the property.
(2) The Finance Director is authorized to cause an investigation of any property for
which an application for determination of vacancy is submitted to verify any of
the information contained in the application. The Finance Director is further
authorized to develop and use a standard form of application, provided it shall
contain a space for verification of the information and the person signing such
form affirn under penalty for false swearing the accuracy of the information
provided therein.
(3) For purposes of this section, a unit of property is vacant when it has been
continuously unoccupied and unused for at least thirty (30) days. Fees shall be
waived in accordance with this section only while the property remains vacant.
Any occupancy or use of the property terminates the waiver. The City may
charge any property with the appropriate Street Maintenance Fee, including
charges for prior billing periods, upon determining by whatever means that the
property did not qualify for waiver of charges during the relevant time. The
decision of the Finance Director under subsection(1) and(2) shall be final.
15.20.080 Administrative Provisions and Appeals
(1) The City Engineer shall have the initial authority and responsibility to interpret all
terms, provisions and requirements of this chapter and to determine the
appropriate charges thereunder. The Responsible Party for an occupied unit may
request reconsideration of the City Engineer's determination of the ainount of the
fee by submission of a written application to the City Engineer. The application
shall be submitted in sufficient detail to enable the City Engineer to render a
decision.
(2) Within 30 days of the submission of a complete application requesting
reconsideration of the amount of the Street Maintenance Fee to be charge to an
occupied unit, the City Engineer shall render a decision on the application. The
decision shall be written and shall include findings of fact and conclusions for the
particular aspects of the decision, based upon applicable criteria. A copy of the
decision shall be mailed to the person submitting the request. The City Engineer
shall maintain a collection of such decisions. Decisions of the City Engineer,
which affect the amount of fee to be charged to a property, shall be forwarded to
ORDINANCE No. 03- (�
Page 6
the Finance Director. Except as provided under subsection (4) of this section, the
decision of the City Engineer is final.
(3) The City Engineer may determine that the land use category is proper and that the
fee charged is appropriatq. However,if the decision of the City Engineer results in
a change in the category of land use, the City Engineer shall assign a new use
category, determine the appropriate fee for the category, and notify the Finance
Director so that the appropriate change may be made in the applicable fee to be
charged in the future. No back charges or refunds shall be allowed. The decision
of the City Engineer under this subsection(3) only,may be appealed.
(4) Council may form a subcomnuttee consisting of two Council members, or appoint a
cornuniittee of disinterested citizens, hereinafter known as the Appeal Committee, to
address any appeals to the City Engineer's decisions. A Responsible Party who disputes
the determination of the City Engineer as to use category or number of required parking
spaces may file a written appeal with the Appeal Committee. All appeals must be
submitted within ten (10) days from the date of the City Engineer's decision, together
with a filing fee in an amount set by Council by resolution. The application for appeal
shall specify the reasons for the appeal and shall provide sufficient information for the
Appeal Corrimittee to render a decision. No other appeals shall be permitted.
(5) The Appeal Committee shall schedule a review of each appeal and shall notify the
appellant not less than ten(10) days prior thereto of the date of such review. The Appeal
Committee shall conduct a hearing to determine whether there is substantial evidence in
the record to support the interpretation given by the City Engineer and may continue the
hearing for purposes of gathering additional information bearing on the issue. The
Appeal Committee shall render an initial oral decision and shall adopt a final written
decision together with appropriate findings in support thereof. The decision of the
Appeal Conimittee shall be limited to whether the appellant has been assigned to the
appropriate use category, or whether the appropriate minimum parking space
requirement or number of fueling positions has been correctly identified. If the Appeal
Committee should determine that a different use category should be assigned, or that the
minimum parking space requirement should be revised, it shall so order, provided no
refund of prior Street Mairitenance Fees shall be given. Only where the committee
decision results in a change in use category and/or change in the mi ninium parking
space requirement will the filing fee on the appeal be refunded. The Appeal Committee
decision shall be final.
15.20.090 Administrative Policies.
(1) The following policies shall apply to the operation and scope of this chapter:
(a) Street Maintenance Fees imposed ander this chapter shall apply
to all
occupied units, occupied units owned and/or occupied by local, state and
federal governments, as well as property which may be entitled to
exemption from or deferral of ad valorem property taxation.
ORDINANCE No. 03- 1 D
Page 7
(b) Publicly owned park land, open spaces and greenways shall not be subject
to the Street Maintenance Fee unless public off-street parking designed to
accommodate the use of such areas is provided.
(c) Areas used for connnercial farming or forestry operations shall be billed
according to the use of any structures on the site. Where a site is used
exclusively for farming or forestry and not for residential or commercial
uses,the site shall not be subject to the Street Maintenance Fee. Wbere there
are different seasonal uses of structures on farm or forest land, the use
category shall be determined by examining the use for the longest portion of
the year. Where more than one use is made of a fanning or forestry, then
each use shall be examined separately and combination of use categories
shall be used to determine the Street Maintenance Fee.
(d) Areas encompassing railroad and public right-of-way shall not be subject to
the Street Maintenance Fee.
(e) Railroad property containing structures, such as maintenance areas, non-
rolling storage areas and areas used for the transfer of rail transported goods
to non-rail transport shall be subject to Street Maintenance Fees.
(f) For newly developed properties, the fees imposed under this chapter shall
become due and payable from and after the date when the developed
property is connected to the public water or sanitary sewer system.
(2) The City Engineer is authorized and directed to review the operation of this
chapter and where appropriate recommend changes thereto in the fonn of
administrative policies for adoption of the City Council by resolution.
Administrative policies are untended to provide guidance to property owners,
subject to this chapter, as to its meaning or operation, consistent with policies
expressed herein. Policies adopted by the Council shall be given full force and
effect, and unless clearly inconsistent with this chapter shall apply uniformnly
throughout the City.
(3) If an occupied unit of nonresidential property is used for more than one use with
different ininimum parking requirements, the Street Maintenance Fee shall be
based on the required parking for the total of time various uses.
15.20.100 Penal
In addition to any other remedy,violation of any provision of this chapter shall be a
Class A Civil Infraction. Each day of delinquency in paying the Street Maintenance Fee
constitutes a separate violation.
15.20.110 Severability.
(1) In the event any section, subsection, paragraph, sentence or phrase of-this chapter or
red b a court of competent
any administrative policy adopted herein is detennrr y p
ORDINANCE No. 03- l(�
Page 8
jurisdiction to be invalid or unenforceable, the validity of the remainder of the chapter
shall continue to be effective. If a court of competent jurisdiction determines that this
chapter imposes a tax or charge, which is therefore unlawful as to certain but not all
affected properties, then as to those certain properties, an exception or exceptions fiom
the imposition of the Street Maintenance Fee shall thereby be created and the remainder
of the chapter and the fees imposed thereunder shall continue to apply to the remaining
properties without interruption.
(2) Nothing contained herein shall be construed as limiting the City's authority to levy
special assessments in col ection with public improvements pursuant to applicable law.
SECTION 2: An emergency is declared to protect the health and safety of Tigard citizens to prevent
delay in implementation of street repair and maintenance. The portion of Section 1 of
this ordinance establishing Tigard Municipal Code section 15.20.020 shall take effect
immediately on passage. The remainder of Section 1 shall be effective 30 days after its
passage by the Council, signature by the Mayor, and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by number
and title only,this 1L�—t day of KIOV4 m tel_ ,2003.
Catherine Wheatley, City Record
APPROVED: By Tigard City Council this �� ` day of '2003.
k1l 011 1� FIFE
J es E. Grin, a
Appro as to form:
0
City A omey
112-1, 05
Date
1:%nBtBusWraat maintenance faeWdinence and tesolvUontrevised street malntenenca fee ordinance 11-4•01doe
ORDINANCE No. 03- I 0
Page 9