Ordinance No. 10-06 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 10- 0 C0
r
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE CREATING A CHAPTER
PERTAINING TO ITEMS ILLEGALLY PLACED IN THE PUBLIC RIGHT OF WAY, TO CLARIFY
REQUIREMENTS FOR STORAGE AND DISPOSAL, IMPOSE A FEE FOR RETRIEVAL, AND
EXPAND STAFF AUTHORIZED TO HANDLE AND PROCESS ITEMS.
WHERE-AS, the Citizens of Tigard and the Tigard City Council desire a community that is clean and free from
clutter and a public Right-of-Way (ROW) that is safe from obstructions and available for the use it was
designed for;and
WHERE,AS, past practices employed to meet these desires and eliminate items illegally located in the public
ROW have been largely unsuccessful;and
WHEREAS, the Council desires to create a process that includes a deterrent for illegal placement of items in
the public ROW;and
WHEREAS, the Tigard Municipal Code (I'MC) does not sufficiently address confiscation, storage,and disposal
of personal property confiscated from tie ROW;and
WHEREAS, the Cominunity Development Director, as directed by tie Tigard City Council, initiated the
proposed code amendment to the TMC to expand and clarify confiscation, storage, retrieval, and disposal of
materials illegally placed in the ROW and to charge a xeclaivning fee for confiscated items that die owners would
like to retrieve;and
WHEREAS, the Tigard City Council held a Executive Session on October 27, 2009 to review issues associated
wits current code language addressing materials illegally placed in the public Right-of-Way (ROW);and
WHEREAS, the Tigard City Council held a Workshop on February 16, 2010 to consider staff
recommendations for new policy and code language pertaining to materials illegally placed in the public ROW
and associated reclaiming fees;and
WHEREAS, Tigard City Council determined on February 16, 2010 that the proposed policy and code
amendment is consistent with overall City goals for cleanliness and safety while still protecting personal
property rights;and
WHEREAS, die City Council directed staff to draft appropriate code language and a new policy pertauhing to
confiscation, storage,and disposal of items illegally located in the public ROW for review at die March 23,2010
Business Meeting; and
WHEREAS, tie proposed code amendment substantively amends the TMC by determining maxiinuin storage
time requirements, notice requirements, and disposal and reputpose options for materials confiscated from the
public ROW;and
ORDINANCE No. 10- E)(_o
Page I
WHEREAS, the proposed code amendment substantively amends the TMC to allow any City of Tigard
representative in any department to confiscate, store, process, and dispose of materials illegally placed in the
public ROW;and
WHEREAS, Tigard City Council determined on Febiaiazy 16, 2010 that implementing a reclaiming fee to
recover City costs incurred by confiscation, storage, handling, and disposal of materials illegally placed in the
public ROW was prudent and fiducially responsible;and
WHEREAS, the proposed code amendment substantively amends the TMC to allow implementation of fees
for reclaiming materials confiscated from the public ROW;and
WHEREAS, the City Council reviewed the cost to the City of confiscation of signs, the cost of replacing
confiscated signs, and the policies of other jurisdictions in the Portland Metropolitan area to determine an
initial fee for reclaiming confiscated A-Board and Lawn signs patticularly; and
WHEREAS, the City Council Bete iTdned that appropriate reclaiming fees for confiscated materials and signs
other than A-board or Lawn type signs shall be different and appropriate to the size and relative perceived value
of the confiscated item;and
WHERE-AS, the City Council approved allocation of fiends, space, and resources necessary to constrict a
secured area for storage of confiscated materials.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: A new Chapter to the Tigard Municipal Code, entitled Chapter 7.61 Property in the
Right-of-Way, as shown by Exhibit A to this Ordinance is hereby approved and adopted
by the Tigard City Council.
SECTION 2: Amendments to the Tigard Municipal Code Chapter 2.62;Abandoned, Found, Seized
and Stolen Property, as shown by Exhibit B to this Ordinance, are hereby approved and
adopted by the Tigard City Council.
SECTION 1 The City Council has set an initial fee for reclaiming A-Board and Lawn signs at $40 and
directed the City Manager or designee to implement and update this fee as needed on the
Master Fee Schedule though standard procedures.
SECTION 4: The staff research and report to the Tigard City Council and minutes of the February 16,
2010 and March 23, 2010 meetings are hereby adopted in explanation of die Councirs
decision.
SECTION 5: This ordinance shall be effective July 1, 2010, after its passage by the Council, signature by
the Mayor,and posting by the City Recorder.
'� C�rrLct�Dn
ORDINANCE No. 10- 019
Page 2
PASSED: By I n QLYL t 4 vote of all Councill members present after being read by number
and title only, this 3f,d day of`M O-)v-r l ,2010.
f
'erin Wheatley,City Recorder
l�
APPROVED: By Tigard City Council this 3 F day of—f' ( j2010.
Crag irksen,Mayor
Approved as to form:
-Ci Attorney
Date
ORDINANCE No. 10- OU
Page 3
Exhibit A
TIGARD MUNICIPAL CODE
Chapter 7.61 PROPERTY IN THE RIGHT- traffic or to otherwise pose a threat to public
OF-WAY. health, safety or welfare.
Sections: 2. "City" means the City of Tigard
and any other location under jurisdiction by the
7.61.010 Definitions. City of Tigard.
7.61.015 Signs in the Right-of-Way.
7.61.020 Abandoned Personal Property 3 "City Manager" means the City
in the Right-of-Way. Manager or any designee of the City Manager,
7.61.025 City Authority to Remove—
Notice Requirements. 4. "Costs" means all ;ponies
7.61.030 Exemption From Notice incurred and charges associated with the removal,
Requirements. storage, detention, processing, disposition, and
7.61.035 Reclamation of Confiscated maintenance of confiscated items in violation of
Personal Property and Signs. Sections 7.61.015 and 7.61.020.
7.61.040 Disposal of Personal Property,
Signs and Junk. 5. "Dispose of / Disposal" also
7.61.045 Appeal of Confiscation. includes sell, auction, donate, destroy, repurpose,
7.61.050 Exemption For Criminal and recycle.
Investigation.
7.61.055 Enforcement—Minimum 6. "Junk" means items which have
Requirements. no apparent utility or are in an unsanitary
condition.
7.61.010 Definitions. 7. "Owner" ;Weans any individual,
firm, corporation or unincorporated association,
partnership, limited liability company or other
A. As used in this chapter, unless the context entity with a claim, or agent thereof, either
requires otherwise: individually or jointly, of ownership or any
interest of record, legal or equitable, in abandoned
1. "Abandoned Personal Property" personal property or a sign confiscated pursuant to
means any personal property, as the term is this section.
defined in this Chapter, which has been discarded,
deserted or relinquished. Personal property shall S. "Personal Property" means
be considered abandoned if any of the following tangible items, other than signs and vehicles as
conditions exist: defined in this chapter, which are reasonably
recognizable as belonging to individual persons
a. The personal property is left and which have apparent utility.
unattended in the Right-of-Way for more than five
hours; 9. "Right-of-Way„ means a strip of
land or structure occupied or intended to be
b. The personal property is placed in occupied by a street, crosswalk, pedestrian or bike
the Right-of-Way in a location or manner as to path, railroad, road, electric transmission line, oil
constitute a potential, imminent or immediate or gas pipeline, water main, sanitary or storm
hazard or obstruction to pedestrian or vehicular sewer main, street trees or other special use and
7-61-1
Exhibit A
TIGARD MUNICIPAL CODE
all other public ways and areas managed by the A. The City Manager may confiscate any f
City, sign in violation of Section 7.61.015 and any
abandoned personal property in violation of
10. "Sign" means any materials Section 7.61.020 without prior notice. The City
placed or constructed primarily to convey a Manager shall create a policy ensuring that the
message or other display and which can be viewed time and location of a confiscation and a
from the Right-of-Way, another property, or from description of the physical characteristics of the
the air including any outdoor sign, display, light, confiscated personal property or sign are
device, figure, painting, drawing, message, recorded.
plaque, poster, or other thing designed, intended,
or used to advertise or inform. B. Subject to exemption by Section
7.61.030:
7.61.015 Signs in the Right-of-Way. 1. If the identity and mailing
address of the owner of personal property or signs
confiscated under Subsection (A) is known, the
A. It shall be unlawful for any person to City Manager shall notify the owner of the item
place a sign in the Right-of-Way unless the by certified snail or personal service no Iater than
placement is authorizer] by a separate provision of 30 days following the date of the confiscation.
any Title of the Tigard Municipal Code or Oregon
Revised Statutes. 2. If the identity and mailing
address of the owner of personal property or signs
B. The owner(s) of a sign in violation of is not known, the City Manager shall arrange for
this Chapter shall be responsible for any and all the public notice of the confiscation to be
costs associated with disposition of the sign. provided within 30 days following the
confiscation, either by publication in a newspaper
of general circulation in the City or by publication
7.61.020 Abandoned Personal Property on the City website, with a clearly marked link
in the Right-of-Way. from the City's homepage.
C. A notice under Subsection (B) shall
A. It shall be unlawful for any person to include:
abandon any personal property in the Right-of-
Way. 1. A statement that the personal
property or sign was in violation of Chapter 7.61
B. The owner(s) of the abandoned personal of the Tigard Municipal Code.
property in violation of this Chapter shall be
responsible for any and all costs associated with 2. A description of the personal
the disposition of the abandoned personal property or sign and the date, time and location
property. from which the item was confiscated.
3. A copy of Section 7.61.025
7.61.025 City Authority to Remove- notifying the owner of the process and fees
Notice Requirements. required to retrieve the confiscated personal
property or sign from the City.
7-61-2
Exhibit A
TIGARD MUNICIPAL CODE
4. The elate after which disposal of A. The City manager shall establish a
the personal property or signs shall occur. location for the storage of confiscated personal
property and signs. The location should be
D. A notice by publication under Subsection reasonably secure and accessible to City staff so
(B) may contain multiple listings of confiscated that personal property and signs can be reclaimed.
signs.
B. Confiscated personal property and signs
shall be stored for no less than 30 days following
7.61.030 Exemption From Notice the provision of notice under Section 7.61.025 or
Requirements 7.61.030.
C. The City Manager shall establish a
A. The City Manager shall establish a written procedure by which owners of confiscated
policy which does the following: personal property and signs can reclaim
confiscated items. The procedure shall include
I. Detennines types of signs that are the following:
unlikely to be reclaimed if confiscated; and
1. The place for an owner to reclaim
2. Exempts from the notice confiscated property.
requirements of Section 7.61.025 those types of
signs unlikely to be reclaimed if confiscated. 2. A fee schedule for reclamation of
personal property and signs that may include
B. In determining the types of signs that are either or both of the following:
unlikely to be reclaimed, the City Manager may
consider the value of the materials the sign is a. Provisions allowing the
constructed of and the condition of the sign. City to recover all costs associated with the
confiscated item, and
C. Signs that are exempt under the written
policy established pursuant to Subsection(A): b. Assignment of an
appropriate monetary penalty for violations of this
1. Shall be stored for a minimum of section.
14 days after the date of confiscation.
2. Shall be available during the 7.61.040 Disposal of Personal Property,
storage period for reclamation by the owner after Signs and Junk.
payment in full of all costs associated with the
disposition of the sign.
A. The City Manager may immediately
3. May be disposed of after the dispose of any junk found in the Right-of--Way.
storage period without further notification. Disposing of junk under this Subsection is not
subject to the notice and reclamation provisions of
7.61.025 through 7.61.035.
7.61.035 Reclamation of Confiscated
Personal Property and Signs B. The City Manager may order the
7-61-3
Exhibit A
TIGARD MUNICIPAL CODE
destruction or other disposal of any personal A. The owner of the confiscated personal
property corning into the City's possession which property or sign may request a hearing to contest
is determined by the City to be dangerous or the validity of the confiscation by submitting a
perishable. Weapons shall be destroyed in written request for hearing with the City not more
accordance with ORS 166.280. Such disposal than five (5) days from the rmailing date of the
under this Subsection is not subject to the notice notice or publishing of public notice.
and reclamation provisions of 7.61.025 through
7.61.035. B. The request shall state the reason(s) why
the owner believes that the confiscation was
C. At the sole discretion of the City Manager invalid and include payment in full for the cost of
and without provision of notice, the City may the hearing.
donate, dispose of, sell, recycle, or repurpose any
personal property or sign not reclaimed before C. The City shall not consider requests for
expiration of the storage period. hearings which do not meet the requirements of
Subsections A and B.
D. In lieu of the disposal of confiscated
personal property under this Section, at any time D. The City Manager or designee may
the City is authorized to sell or auction the establish a fee for the cost of conducting a
confiscated personal property or sign, the City hearing.
may convert the personal property or sign to
public use by entering it on the City's fixed asset E. A hearing shall comply with all of the
inventory. following:
1. Notice of the transfer of the 1. Upon receipt of a proper request
personal property or sign to the City shall be for a hearing, the City shall set a time for a
given once by publication in a newspaper of hearing within 30 days of the receipt of the
general circulation in the City or by publication on request and shall provide notice of the hearing to
the City website at least 30 days before the the owners of the confiscated personal property or
personal property or sign is converted to City use. sign.
The notice shall describe the property and state
that the described personal property or sign shall 2. Hearings held under this section
be converted to City use if the personal property may be informal in nature, but shall afford a
or sign is not reclaimed within 30 days, reasonable opportunity for the person requesting
the hearing to demonstrate by the statements of
2. If the personal property or sign is witnesses and other evidence,that the confiscation
not reclaimed within 30 days after publication of of the personal property or sign was invalid, or for
the notice described in Subsection (D)(1) of this any other reason not justified.
Section, the personal property or sign shall be
entered on the City's fixed asset inventory and a. The Hearings Officer may be an
shall not be subject to the right of redemption. officer, official or employee of the City, but may
not have participated in any determination or
investigation related to the confiscation of the
7.61.045 Appeal of Confiscation. personal property or sign. The City Manager may
promulgate rules for conducting hearings.
7-61-4
Exhibit A
TIGARD MUNICIPAL CODE
4. The owner requesting a hearing detention, maintenance and disposition of the r
may be represented by legal counsel; however, confiscated personal property or sign are paid.
legal counsel shall not be provided at public
expense. Written notice of representation by legal 9. A person failing to appear at a
counsel shall be provided to the City with the hearing is not entitled to another hearing or any
written request for a hearing. refiuud of costs unless the person provides the City
satisfactory proof for the person's failure to
5. The City is only required to appear.
provide one (1) hearing each time it confiscates
personal property or a sign. 10. The City shall provide a written
statement of the results of the hearing to the
6. Appeal of simultaneous person requesting the hearing.
confiscation of multiple items of personal
property or signs of the same owner may be 11. The determination of the
consolidated into a single appeal hearing. Hearings Officer at a hearing is final and not
subject to appeal.
7. If the City finds after a hearing
that the confiscation of the personal property or
sign was invalid: 7.61.050 Exemption For Criminal
Investigation.
a. The City shall order the
immediate release of the personal property or sign
to the owner of the item(s), if still in possession of A vehicle that is being held as part of any
the City, and/or; criminal investigation is not subject to any
requirements of Section 7.61.
b. Refund to the owner any
payment of costs associated with the removal,
storage, detention and maintenance of the 7.61.055 Enforcement—Minimum
personal property or sign that has been reclaimed. Requirements.
C. The owner shall not
receive a refund for the cost of the hearing, and A. A finding of a violation of this title which
shall be liable for storage charges incurred more results in confiscation of personal property or
than twenty-four hours after the time the personal signs does not prevent the City from additionally
property or sign is officially ordered released to issuing citations for violations of this title or any
the person. other title of the Tigard Municipal Code or
Oregon Revised Statutes for the same property or
8. If the City finds after a hearing incident.
that the confiscation of the personal property or
sign was valid: B. This section shall not be read to prohibit
in any way alternative remedies set out in this title
a. The City shall order the or any other title of the Tigard Municipal Code or
personal property or sign be held until the costs of Oregon Revised Statutes which are intended to
the hearing and all monies incurred or charges abate or alleviate code violations, nor shall the
associated with the cost of the removal, storage, City be prevented from recovering, in any manner
7-61-5
Exhibit A
TIGARD MUNICIPAL CODE
prescribed by law, any expense incurred by it in ;
abating or removing ordinance violations pursuant
to any code provision.
C. Class I penalty. A violation of this title
shall constitute a Class 1 civil violation which
shall be processed according to the procedures
established in Chapter 1.16 of this code.
D. Each violation of a separate provision of
any Tigard Municipal and Development Code
and/or Oregon Revised Statute shall constitute a
separate infraction, and each day that a violation
is committed or pennitted to continue shall
constitute a separate infraction.
E. The provisions of this title are declared to
be minimum requirements.
I. Minimum requirements intended.
In their interpretation and application, the
provisions of this title shall be held to be
minimum requirements, adopted for the protection
of the public health, safety, and general welfare.
2. Most restrictive requirements
apply. When the requirements of this title vary
from other provisions of this title or with any
other title of the Tigard Municipal Code or
Oregon Revised Statutes, the most restrictive or
that imposing the highest standard shall govern.
7-61-6
This text amendment employs
the following formatting:
Bold/Underlined Exhibit B
Designates text to be added. TIGARD MUNICIPAL CODE
Chapter 2.52 ABANDONED,FOUND, days from the conclusion of the investigation if no
SEIZED AND STOLEN criininal action is filed, the Chief of Police may
PROPERTY. sell the property at public auction. The Chief of
Police shall not sell any such property held in
Sections: evidence in any court proceeding until the need
for its use in that proceeding has passed,
2.52.010 Custody Of Property.
2.52.020 Surrender To True Owner. 2. The auction may be conducted in
2.52.030 Sale Of Property. conjunction with other law enforcement agencies.
2.52.040 Use Of Property By City. The auction company, as agent for the Police
2.52.050 Dangerous Or Perishable Department, shall give notice of the sale once by
Property. publication in a newspaper of general circulation
2.52.060 Scope. in the City at least 31 days before the date of sale.
Notice must also be posted in at least three public
2.52.010 Custody Of Property. places within the City of Tigard. A copy of the
notice shall also be sent to any person that the
Whenever any personal property other than a Police Department has reason to believe has an
motor vehicle, nersonal property, or siLns ownership or security interest in the property.
removed from the Richt of-Way pursuant to The notice shall give the time and place of the sale
Chanter 7.61, is taken into the custody of any and shall describe generally the property to be
department of the City by reason of its having sold at the sale. The notice shall include a
been abandoned, found, seized, or for any other statement in substantially the following form:
reason, the personal property shall be turned over
to and held by the police department at the NOTICE
expense and risk of the owner or person lawfully
entitled to possession of it. (Ord. 81-37 §1, 1981). The Tigard Police Department has in its
physical possession the unclaimed personal
2.52.020 Surrender To True Owner. property described below. if you have any
ownership interest in any of that unclaimed
Except when the property in question has property, you must file a claim within 30
been confiscated or is being held as evidence, the days from the date of publication of this
owner or person lawfully entitled to possession notice, or you will loose your interest in that
may reclaim it upon application to the police property.
department. The department shall require
satisfactory proof of ownership or right to 3, All sales of property under this chapter
possession, and the department shall further shall be for cash and shall be made to the highest
require the payment of any charges and expenses and best bidder; provided, however, that any
incurred in the storage, preservation and custody person appearing at or prior to the sale and
of the property. (Ord. 81-37 §2, 1981). proving ownership or right of possession to the
property in question shall be entitled to reclaim it
2.52.030 Sale Of Property. upon the payment of the charges and expenses
incurred by the City in the storage, preservation
1. At any time after the expiration of 60 and custody of the property and a proportionate
days from the conclusion of all criminal actions share of the costs of advertising for the sale.
related to the seizure of the property or after 60
2-52-1
Exhibit B
TIGARD MUNICIPAL CODE
4. If no bids are entered for the property or converted to City use if the property is not r
if the highest bid is less than the costs incurred by reclaimed within 30 days. Any claim of
the City, the Chief of Police may enter a bid on ownership shall be subject to the provisions of
behalf of the City in an amount equal to such Section 2.52.020.
costs. If bid in by the City, the property shall
become the property of the City as compensation 3. If the property is not reclaimed within
for the costs incurred. 30 days after publication of the notice described in
subsection 2.52.040.2 of this section, the property
5. The auction company shall provide the shall be entered on the City's fixed asset inventory
City with a detailed list of items sold and the and shall not be subject to the right of redemption.
monies received for each item. The proceeds of (Ord. 02-11, Ord. 90-05 §2, 1990).
the sale shall be applied first to payment of the
costs of the sale and any expenses incurred in the 2.52.050 Dangerous Or Perishable
preservation, storage and custody of the property, Property.
and any balance shall be credited to the general
fund of the City. The auction company shall be The Chief of Police may Order the
responsible for issuance of a receipt of sale to the destruction or other disposal of any property
purchaser of the property. coming into his possession which is, in his
judgment, dangerous or perishable. Weapons
6. The sale of property pursuant to this shall be destroyed in accordance with ORS
chapter shall be without right of redemption. 166.280. (Ord. 02-11, Ord. 81-37 §5, 1981).
7. The City of Tigard assumes no 2.52.060 Scope.
responsibility as to the condition of the title to the
property which is the subject of this transaction. This chapter shall apply to all personal
In the event this sale should for any reason be property, except motor vehicles, personal
invalid the liability of the City is Iiinited to the property, or signs removed from the Richt-of-
return of the purchase price. (Ord. 02-11, Ord. Way pursuant to Section 7.61, now or hereafter
90-05 §1, 1990; Ord. 81-37 §3 and§4, 1981). in the custody of the City of Tigard. (Ord. 81-37
§6, 1981).■
2.52.040 Use Of Property By City.
I. In lieu of a sale of the property under
Section 2.52,030, at anytime the City is authorized
to sell the property the City Manager may, at the
request of the Chief of Police, convert the
property to public use by entering it on the City's
fixed asset inventory.
2. Notice of the transfer of the property to
the City shall be given once by publication in a
newspaper of general circulation in the City at
least 31 days before the property is converted to
City use. The notice shall describe the property
and state that the described property shall be
2-52-2