Ordinance No. 82-71 CITY OF TIGARD, OREGON
ORDINANCE NO. 82- 71
AN ORDINANCE PROVIDING FOR THE ESTABLISHMMENT, OPERATION, AND MAINTENANCE OF
OPEN DRAINAGEWAYS, CLOSED CONDUIT STORM DRAINS, CULVERTS, LEVIES, DAMS,
DESILTING AND DETENTION BASINS, OUTFALL STRUCTURES, EQUIPMENT, AND
APPURTENANCES NECESSARY, USEFUL, OR CONVENIENT FOR A COMPLETE STORM DRAINAGE
SYSTEM, INCLUDING MAINTENANCE AND EXTENSION OF THE PRESENT STORM DRAINAGE
SYSTEM OF THE CITY; ESTABLISHING AND IMPOSING JUST AND EQUITABLE CHARGES UPON
CITY OF TIGARD STORM DRAINAGE SYSTEM USERS; REQUIRING THE CITY OF TIGARD TO
COLLECT SUCH SERVICE CHARGES; PROVIDING FOR THE ESTABLISHMENT OF A SPECIAL
REVENUE FUND FOR SAID PURPOSES; DECLARING CERTAIN ACTS UNLAWFUL; AND IMPOSING
PENALTIES.
The City of Tigard ordains as follows:
SECTION 1. As used in this ordinance, except where the context otherwise
requires:
(1) "Dwelling unit" (DU) means one or more rooms with bathroom and
kitchen facilities designed for occupancy by one family such as detached,
townhouses, condominiums, zero lot-line, etc., where the units are sold and
deeded as single-family units.
(2) "Multiple dwelling unit"(MDU) means a building or facility consisting
of more than one dwelling unit, each such unit consisting of one or more rooms
with bathroom and kitchen facilities designed for occu_ i.cy by one family.
(3) "Mobile Home Court" means two or more spaces on the same parcel and
occupied by mobile homes.
(4) "Commercial unit" means any building or facility used other than as a
dwelling unit or for industrial purposes and which has not been converted to
equivalent dwelling units.
(5) "Equivalent Service Unit" (ESU) means a residential or
non-residential configuration estimated to place approximate equal demand on
the city's storm drainage system as a single family dwelling unit. One (1)
ESU shall be equal to 2,750 square feet of impervious surfaces.
(6) "Open drainageway" means a natural or man-made path which has the
specific function of transmitting natural stream water or storm runoff water
from a point of higher elevation to a point of lower elevation.
(7) "Impervious surfaces" are those hard surface areas located upon real
property which either prevent or retard saturation of water into the land
surface, as existed under natural conditions pre-existent to development, or
cause water to run off the land surface in greater quantities or at an
increased rate of flow from that present under natural conditions pre-existent
to development. Common impervious surfaces include, but are not limited to,
rooftops, concrete or asphalt sidewalks, walkways, patio areas, driveways,
parking lots or storage areas and gravelled, oiled, macadam or other surfaces
which similarly impact the natural saturation or runoff patterns which existed
prior to development.
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(8) 'Improved premises" means any area which has been altered such that
the runoff from the site is greater than that which could historically have
Y been expected. Such a condition shall be determined by the City Engineer.
SECTION 2. Pursuant to the general laws of the State of Oregon and the
powers granted in the charter of the City of Tigard, the Council of said city
does hereby declare its intention to acquire, own, construct, equip, operate
and maintain within and without the city limits of the City of Tigard, Oregon,
open drainageways, underground storm drains, equipment and appurtenances
necessary, useful or convenient for a complete storm drainage system; and also
including maintenance, extension and reconstruction of the present storm
drainage system of said city.
SECTION 3. There is hereby established and imposed upon all premises
which have been improved within the City of Tigard just and equitable charges
for storm drainage service or subsequent service maintenance, operation and
extension; and to establish a storm drainage special revenue fund for the
foregoing purposes.
SECTION 4. That the said charges may be collected with the monthly
sanitary sewer bill for those connected to sewer or billed alone as storm
drainage charge for those users not connected to or not otherwise charged for
sanitary sewer.
SECTION 5. Such charges shall be paid by those liable therefor and placed
in a Storm Drainage Fund into which all of said charges so collected shall be
deposited and kept as a fund to be used only for the purposes aforesaid.
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` SECTION 6. The City Council determines that property not used for single
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fami y we ing purposes is furnished service 4r proportion to the amount of
the property's impervious surface, and that an equivalent service unit [shall
be developed] is hereby adopted based upon the average impervious surface of a
random sample of single family lots within the Tigard area.
SECTION 7. The following rates are hereby established:
Dwelling Unit (DU) Per Month $0.75
Multiple Dwelling Unit per ESU
to the nearest 0.1 ESU Per Month $0.75
Mobile Home Court per ESU
to the nearest 0.1 ESU Per Month $0.75
Commercial and industrial per
ESU to the nearest 0.1 ESU Per Month $0.75
Improved Premises or Lots not otherwise
subject to the above fees per
ESU to the nearest 0.1 ESU Per Month $0.75
Minimum charge Per Month $0.75
These service charges, pursuant to this section may be amended by the City
Council by resolution to continue to recover cost of service.
SECTION 8. The City shall develop and adopt policies, standards, and
financial incentives to promote, , regulate and administer the city's Master
Drainage .Plan. The Council shall provide, by resolution for a method of
expenditure of funds collected pursuant to section 3 of this ordinance so that
those service charge funds are expended in proportion to an areas contribution
t to storm drainage requirements.
ORDINANCE No. 82- 71
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SECTION 9. Every person subject to a charge provided herein shall pay the
same, when due, to the City of Tigard.
SECTION 10. Any charge due hereunder which shall not be paid when due may
be recovered in an action at law by the City of Tigard
SECTION 11. Subject to constitutional limitations the employees of the
city—shall at all reasonable times have access to any premises served by the
city for inspection, repair or the enforcement of the provisions of this
ordinance.
SECTION 12. The earliest imposition of the provisions of this ordinance
is necessary to derive necessary revenues, to promote fairness by imposing
costs upon properties which cause expenses to be incurred, and to preserve the
peace, health and safety of the public. Accordingly, an emergency is
declared; and this ordinance shall go into effect immediately upon passage by
the Council and approval by the Mayor. The storm drainage rates provided in
this ordinance shall be in effect as of January 1, 1983. All ordinances or
resolutions in conflict herewith are hereby repealed as of January 1, 1983.
SECTION 13.
(a) As provided in ORS 454.225, when storm drainage charges are not paid
when due, the amounts thereof together with interest at the statutory rate
from the due date shall be certified to the assessor of the appropriate county
for collection.
(b) The liability for all accounts billed for storm drainage only shall
be that of the owner of the property.
(c) The City Recorder shall take any action necessary, under appropriate
statutes, to enforce delinquent storm drainage charges as a lien against the
property.
(d) The charge f or 15 days or less of service upon new account or upon
the closing of an account shall be one—half the appliable monthly charge.
PASSED: By unanimous vote of all Council members present,
after sing read two times by number and title only, this 25th '
day of October 1982
City Recorder City of Bard
APPROVED: By the Mayor, this 25th day of October , 1982.
City of Tigard
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ORDINANCE NO. 82- 71
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