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Ordinance No. 86-20 x CITY 01? TIGARD, OREGON ORDINANCE NO. AN ORDINANCE AMENDING 6.04.180 AND REPEALING SECTION 5.04.190 AND OPAPTER 7.40, DEFINING NUISANCES AND CIVIL INFRACTIONS, ESTABLISHING CIVIL INFRACTIONS PROCEDURES, AND ESTABLISHING CIVIL PENALTIES. WHEREAS, in order to protect the public health, safety and welfare there must be a process for enforcing the provisions of the Tigard Municipal Code; WHEREAS, the Tigard Municipal Code currently makes a violation of the Code a criminal act, and current practice among cities is to estab- 11sh civil proceedings, WHEREAS, the City Council desires to establish a framework for the enforcement of certain sections of the Tigard Municipal Code through civil proceedings; and WHEREAS, this ordinance is designed to establish civil proceedings to enforce the Tigard. Municipal Codas under the jurisdiction of the Municipal Judge; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1 Exhibit "A" entitled IICivI2 Infractions Ordinance" shall be adopted and made a part of Title 2. Section 2. Section. 5.04.180 shall be amended to read as follows: The City is authorized to conduct inspections to insure the administration and enforcement of this chapter. [In addition, all city police officers are charged with the responsibility of administration and enforcement of this chapter] . The code enforcement officer(s) shall be responsible for the enforcement of this chapter. Section 3. Section 5.04.190 shall be repealed and the provisions set forth In Exhibit 'IS" entitled "Business Tax Penal- ties" shall be adopted and codified as 5.04.190. Section 4. Chapter 7.40 shall be repealed and the provisions of Exhibit "Cer entitled "Nuisance Ordinance" shall be adopted and codified as Chapter 7.40, Nuisances. ORDINANCE NO. 86- (20 Page te:' PASSED: By of all Council members present after beim read by number and title only, this�4rE; _day oreet rder r APPROVED: This /�J��'day of_� �� �, 1986. crhn-E. Cook, Mayor a 0,RDIWANC3 NO. Page EXHIBIT "A" CIVIL_ INFRACTIONS ORDINANCE Section 1, Title Section 2: Establishment R Purpose A. Purpose Section 3: Culpability; Nonexclusive Remedy Section 4: Definitions A. Civil Infractions Hearings Officer S. Code Enforcement Officer C. Respondent D. Voluntary Compliance Agreement Section b: Infraction Procedures A. Reporting _ D. Review of Facts; Sufficiency of Evidence 1. Statement of Facts 2. Sufficiency of Evidence k C. Notice of infraction 1. validity of Notice of infraction 2. Class 1 Infraction yy 3. Class 2 and 3 Infractions 4. Time to Remedy Infraction After Notice of Infraction 5. Imminent Danger to Health, Safety or Welfare &. Methods of Giving Notice of Infraction 7. Computation of Time period g. Information required for Notice of Infraction 9. Failure to Respond to Notice: of Infraction .: 10. Voluntary Compliance Agreement (a) Effect of Agreement (b) Failure to Comply with Agreement D. Uniform Infraction Summons and Complaint 1. Timing of Service f, 2. Fora of Summon,3 and Complaint 3. Service; Service by Mail and Failure to Receive Notice, Default E. Respondent°s Answer 1. Answer Required 2. Admission 3. Denial F. Hearing Procedures : 1. No Right to Jury 2. Representation by Counsel 3. Opportunity to be heard; Cross Examination, 5. The Hearing; Admissible Evidence (a) Relevant Evidence ORDINANCE NO. 96-_20_ Page 1 f (b) oral Evidence } (c) Admissibility of Evidence I (d) Exclusion of Evidence 6. Burden of Proof 7. The Decision S. Civil Penalty; Assessment of Fees 9. The Record 10. Finality of Decision; Appaal Section 6: Remedial Action by the City; Costs Chargeable to the § Respondent Section 7: Default :judgment f Section S: Civil Peena2ty A. continuous infraction B. Time Payment Dewe C. Classification of Civil Penalties D. Assessment Of Civil Penalties E. Delinquent Civil Penalties SecbiGn 9: Lien Filing and Docketinq Section 1€8: Code Enforcoment Officer Authorized to Promulgate Rulers ( section 11: Reference to State Lava Section 12: Effect of This Ordinance Section 13: Severability Section 14: Use of Lange ORDINANCE RC. E6- Dago CIVIL INFRACTIONS ORDINANCE Section 1: Title,. This Ordinance shall be known as the "Civil Infractions ordinance" and may also be referred herein as "this chapter." Section 2: Establishaent and Purpose. A. Pu_rpose: (1) The purpose of this chapter is to establish civil procedures for the enforcement of certain provisions of the Tigard Municipal Code (TMC) . (2) The civil infraction procedures established herein are for the purpose of decriminalizing penalties for infractions of certain civil ordinances and for the purpose of providing a convenient and practical forum for the hearing and determination of cases arising out of said infractions. (3) The civil infractions abatement procedures established herein are for the purpose of authorizing the City to proceed to abate such infractions if it is determined that the infraction presents an immediate danger to the public health, safety or welfare. (4) This chapter is adopted pursuant to the home rule ry; powers granted the City of Tigard by Article IV, Section 1, and Article XI, Section 2, of the Oregon Constitution; ORS 30.315 and Sections 4 and 21 of the Charter of the City of Tigard. Section 3: Cultability; Nonexclusive Re�a�. A. Acts or omissions to act which are designated as an in- fraction by any City ordinance do not require a culpable mental state as an element of the infraction. S. The procedures prescribed by this chapter shall be the exclusive procedures for imposing civil penalties; however, this sections shall not be read to prohibit in any stay alternative remedies set out in the Tigard Municipal Code which are intended to abate or alleviate Code infractions, nor shall the City be prohibited from recovering, in any manner prescribed by law, any expense incurred by it in abating or removing ordinance infractions pursuant to any Code provision. Section 4: Definitions. For the purposes of this chapter, the ; following definitions shall apply: , }z ONDINANCK No. Seg- C�. page Y A. Civil Infractions HearingsPJfficer. The individual appointed by the Municipal Judge with the delegated author- ity to presides over the code enforcement hearings and to perform the related functions as specified by this chapter. a. Cade Enforcement officer. The individual or individuals appointed by the Director of Community Development to enforce the provisions of this chapter. C. Reapondent. A person charged with a civil infraction. D. Voluntarv_Compliancse A regiment. A written agreement be- tween the code enforcement officer and the respondent which Is Intended to resolve they alleged civil infraction. Section 5. Infraction Procedures. A. Reporting. All reports or complaints of Infractions covered by this chapter shall be made to the cede enforce- ment officer. D. Review of Facts; Sufficiency of Evidence. (1) Statement of Pacts. When an alleged infraction is ,��3ported to the code enforcement officer, the code enforcement officer shall prepare a statement of the facts and shall review the facts and circumstances surrounding the alleged infraction. (2) Sufficiency__of Evidence. The code eennfo:-cesetnt officer shall not proceed further with the matter if the officer determines that there is not sufficient evidence to support the allegation or if the officer determines that it is not in the best interest of the City to proceed. C. Notice of Infraction (1) Validity of Notice of Infraction. In order to be affective, any notice of the Infraction must be made within 120 days preceding the issuance of the uniform infraction summons and complaint. (2) Class 1 Infractiog. Notice of they alleged infraction may be given to the respondent before a uniform in- fractions sumons and complaint is issued for a Classa 1 infraction. It is not aprerequisite to the issuance of the summons and complaint, and the giving ORDIMMCM NO. 86- page it of notice Is at the sole discretion sof the code en- forcement officer. (3) Class 2 and 3 Infractions. Notice of the alleged infraction shall be: given to the respondent before a uniform infraction summons and complaint is issued for a Class 2 or a Class 3 infraction. (m) Time to Remedy Infraction After 04otice of Infraction. The code enforcement officer shall give the respondent a reasonable time to cure or remedy the alleged in- fraction after the notice is given. The time allowed shall not be less then seven (7) days nor more than F: thirty (30) days. Where there is an extreme hardship as determined by the code enforcement officer, the officer may grant additional time to the respondent. (b) Imminent D oer to Health, safety or Welfare. Piot- withstanding the remedial time period contained in Section 5C(4) , if the code enforcement officer determines that the alledged infraction presents an immediate danger to the public health, safety or welfare, the officer may require immediate remedial action. If the code enforcement officer is unable to serve a Notice of Infraction on the respondent or, if after such service the respondent refuses or is unable to remedy the infraction, the: City may proceed to remedy the infraction as provided in Section 6 of this chapter. (6) Methods of Giving Notice of Infraction (a) A notice of the alleged Infraction may be given to the respondent in person by the corse enforcement officer. (b) Notice of the alleged infraction may be by a telephone call to the respondent. If notice Is given in this manner, the respondent shall also k ," be provided with a Notice of Infraction by first class mail sent to his last known address an soon as possible after the Initial notice by telephone. (c) A notice of the alleged Infraction may be given by sailing to the respondent at his last known address a 'Notice of Infraction by registered s, Mil, return receipt requested. (7) Comaphtat�on of Time Period. (h) Where they Notice of Infraction in delivered in �> , person, they time period shall begin to run �^ OMMIANCTS NO. 86-_.P0 Vass #.. Immediately upon such delivery. ' (b) Where the Notice of Infraction is mailed to the respondent, for the purposes of computing any time period prescribed by this chapter, notice shall be considered complete three days after such sailing, if the address to which it is mailed is within the state, and seven days after mailing if the address to which it Is mailed is outside the state. (8) Information Rea aired_ for Notice of Infraction. The following information shall be included in the Notices of Infractions: (a) A description or identification of the activity or condition constituting the alleged infraction, and the indentification of the recipient as the respondent; (b) A statement that the code enforcement officer has determined the activity or condition to be an infraction; (c) A statement of the action required to remedy or cure the alleged infraction and the time and date by which the remedy must be completed unlers a Voluntary Compliance Agreement is executed; (d) An invitation to participate in an informal discussion concerning the Alleged infraction and the possibility of the respondent entering into a Voluntary Compliance Agreement; (e) A statement advising the respondent that if the required reaedy is not completed within the time specified and the respondent has not entered into a Voluntary Compliance Agreement, a uniform infraction summons and complaint will be issued and a `forfeiture In the maximum amount provided for the particular infraction may be imposed. (3) Failure to Aes2ond to Notice of Infraction. When the respondent either receives or rejects the Notice of Infraction and falls to remedy or cure the alleged infraction within the time specified In the Notice of Infraction, the code enforcement officer shall serge the respondent with auniform infraction summons and complaint. ORDIMUCE No. Peas ' t io) MojuntarCg 2ji:gnce Acrvement. ' (a) Iffect of Agreement. (i) The code enforcement officer may enter: into at written Voluntary Compliance Agreement with the respondent. The agreement shall include time limits for compliance and shall be binding on the respondent. (ii) The fact that a person alleged to have committed a civil infraction enters into a Voluntary Compliaanc:_ Agreement shall not be considered an admission of having committed the infraction for any purpose. (iii) The City shall abate further processing cf the alleged infraction during the time allowed in the Voluntary Compliance Agree- ment for the completion of the necessary corrective action. The City ohaall take no further action concerning the alleged viola- tion if all terms of the Voluntary CGm- pliances Agreement are satisfied, other than steps necessary to terminate the matter. b. Failure to Comply with _Aorcement. The failure to comply with any teres of the Voluntary Compliance Agreement .constitutes a separate Class 1 Civil Infraction and shall be handled in accordance with the procedures established by this chapter, except no further notice after the Voluntary Compliance Agreement has been �;;Igned need be given before the uniform Infraction 9%;amons and complaint is issued. The city may also proceed on the alleged infraction that gave rise to the Voluntary Compliance Agreement D. gnifors Infraction Summons and Comyla#nt. (1) Timing of Service. A uniform infraction as ons and complaint may served on the respondent (a) Immediately upon discovery of the infraction if it is a Class 1 Civil Infraction; (b) Where a Notice of infraction is given, when the response period in the Notices of Infraction has expired; or (c) Where a Voluntary Compliance Agreement has been ORDXNAXCE NO. 86- Pao* executed, when the period for compliance hes expired and the infraction has not been cured (2) F_Qra f S one and Co@o?laint. (a) The uniform infraction summons and complaint, shall consist of at least three pages. Additional pages may be inserted for administrative purposes. The required pages are (i) The summons; (ii) The complaint; and s (iii.) The statement of facts prepared by the coda enforcement officer pursuant to Section 5B(1) of this chapter. i (b) The front of the uniform infraction summons shall contain the following information: (i) The file number and the name of the hearings officer; 'g (ii) The name and address of the respondent; (iii) The infraction with which the respondent is charged, the class of the infraction and the the maximum civil penalty for the infrac- tion. The code enforcement officer is authorized to reduce the amount of the penalty when paid by the respondent pursuant to Section 5D(2) (c) (iv) . (Iv) The date, time mann place at which the hearing on that infraction is to take place, an explanation of the respondent's a'2b'igaation to appear at the hearing, and than count of the security fees required for the hearing; (v) Anartpl atlon of the respondent's right to as hearing, with the right to representation by counsel at personal expense, the right to cross-e lne adverse witnesses, and the right to compulsory process for the produc- tion of witnesses, along with a. noticed that the cost of the hearing, including witness fees, may charged to the r°epondent if the final order of the hearings officer finds O"INAMS goo 86- aQo. Page that the respondent committed the infraction "ry as charged; (c) The back of the uniform infraction summons shall contain the following information: (1) An appropriate form wherein the respondent may admit or deny having committed the alleged infraction; (11) The time period for returning the form to the code enforcement officer; (iia) A notice that if the russpondent denies having committed the alleged infraction and requests a hearing on the date indicated on the front of the summons, the security fees appropriate for the charge must accompany the denial; (iv) A notice that, if the respondent admits hating committed the alleged infraction as charged, cash, a check or a money order in the amount of the civil penalty for the infraction, as shown on the front of the summons, must accompany the admission, except that the respondent will be further w- notified of the codes enforcement officer's authority to reduce the penalty pursuant to Section 5A(2)(b) (iii) , (sl) The uniform infractions complaint shall contain: the following information: (1) The date, time and place that the alleged infraction occurred or, if the infraction, is of a continuing nature, the data, time and place the infraction was observed by the codas enf"orcoment officer or the citizen signing the complaint; (1i) The date on which the complaint was issued; (111) The name of the persona who signed the com— plaint and the signature of that 'person; (iv) A form of verification that the person signing the complaint swears that the person has reasonable grounds to believe, and does ORIDINAWR NO. 86a page so believe, that this respondent committed they alleged infraction; and (v) A notice to the respondent that a civil complaint has been filed with the civil infraction hearings officer. (3) Serviced Service by Mail and Failure to Receive Notice- Dsefault - - (a) Service of the uniform infraction summons and complaint may be by personal service on the respondent or by registered mail, return receipt requested, to the respondent at the his last known addrese. Service by any other method reasonably calculated, under all the circus tances, to apprise the respondent of the existence and pendency of the infraction and to afford a reasonable ;opportunity to respond shall be acceptable. (b) Service on particular respondents, such as minors, incapacitated persona, corporations, limited partnerships, the State of Oregon, other public bodies and general partnerships shall be as prescribed for the service of a civil summons and complaint by the Oregon Rules of Civil Proce- dure. roce-dure. (c) No default shall be entered against any resepon- dent `wsithaout proof that the respondent had actual notice of the uniform infraction summons and complaint. A sworn affidavit of the code en- forcement officer that the respondent had actual notice shall create a rebuttable presumption that the res pon6ent had such notice. R. Ressa ondent a sn Answer. . (1) ewer Required. A respondent swerved with sa uniform infraction summons and complaint shall answer the complaint by personally appearing at the scheduled f hearing onsaid infraction; except an answer may be made by mail or personal deliverer to the code enforce s 'ant officer If received by the City within ton days of the date of the service of the summons and com- plaint omepla int as provided in subsecti,,z)rsar 2 and 3 below, (2) Admisss l2n. (a) If the respondent admits the infraction, the respondent may complete the appropriate answer on ORDINANCS NO, S - PIRgas the bac of each summons and forward the summons to the civil infraction hearings officer. Cash, a check or a morey order in the amount of the civil penalty for the infraction, as shown on the front of the summons, shall be submitted with the answer, unlesa the respondent and code enforcement officer reach agreement on a penalty reduction pursuant to Sections 5D(2) (b) (iii) and 5n(2) (c) (iv) . An appropriate order shall be entered in the records of the civil infraction hearings officer indicating the receipt of the civil penalty. (b) A, person who admits to the infraction shell have ten days from the date the order is entered in the records to cure or remedy the infraction, .except in situations where the code enforcement officer determines that there is a danger to the public, in which case a lesser amount of time may be specified. (3) Denial. (a) The respondent may request a hearing on the date indicated in the summons by completing the appro- priate answer on the back of the summons and forwarding the summons, together with the secur- ity fees, to the hearings officers. Upon re- ceipt, the answer shall be entered. The security court fees received shall be returned to the respondent upon his appearance for the hearing except as otherwise provided for in this chapter. (b) The security fees may be waived in whole or in part at the discretion of the hearings officer for good clause shown and upon written application of the respondent The waiver request shall Include the reasons for the request. F. Hearing Procedures. (1) +o Right 1b Ju y Any hearing to determine whether an infraction has been coitted shall be held before the civil infraction hearings officer without a jury. (2) Revresentati.on by Counsel The respondent may be represented by legal counsel; however, legal counsel shall not be provided at p .blid expense. if legal counsel is to appear, written notice shall be provided. ORDINAWOR NO. 86- ;20 pie13 now to the hearings officer no later than five days prior to the hearing date. (3) 0 ortunity To Be Heard: Cross Examination. The respondent shall have the right to present evidence and witnesses in the respondent's favor, to cross- examine any witnesses who testify against the respon- dent and to submit rebuttal evidence. (4) Witnesses. (a$) The respondent may request that witnesses be ordered by subpoena to appear at the hearing. The respondent shall make such request in writing to the hearings officer at the time the answer l j returned, or subsequently by mail at any time at 1 least five nays prior to the scheduled hearing. A deposit for each witness shall accompany the reques>zt, such deposit to be refunded if no civil penalty Is assessed by the final order of the hearings officer. The deposit shrill be in the amount equal to the witness fee prescribed by state statute for witnesses in circuit court. (b) Subject to the name five-clay limitation, the code enforcement officer, the citizen who signed the fir.. complaint or the city attorney, as appropriate, may also request in writing that the hearings officer carder certain witnesses to appear by subpoena. If a civil penalty is declared in the final order, the order shall also provide that the respondent shall pay any witness fees payable In connection with the hearing. (5) The Heaaz_rina; Admissible Evidence. (aa) Relevant Evidence. The hearing shall be limited to presiuc`ion of evidence only ora; the infraction alleged in the complaint. (b) Ural Evidence. Oral evidence shall be taken only upon oath or affirmation administered by the civil infractions hearings officer. (c) €idmisassaiblIA y of Evidence. Evidence shall be admitted if it Is of this type which responsible r persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might reader such evidence Inadmissible in civil ORDINANCE Nib. 86- o ? I actions in courts of competent Jurisdiction in this state. (d) Axclusion of Rtria&n.—e, Irrelevant or unduly repetitious evidence shall be excluded. (6) Burden of Proof. The complainant or, if the City is the complainant, the code enforcement officer, shall have the burden of proving the alleged civil Infrac- tion by a preponderance of the evidence. (7) The Decision. The hearings officer shall determine if the respondent committed the infraction as alleged in the complaint. When the infraction has not been proven, an order dIumissing the complaint shall be entered in the records of the hearings officer. A. copy of the order shall be delivered, personally or by mail, to the respondent. When the hearings officer ' finds that the infraction was committed, and upon written request by a party to the hearing, the order ' shall include as brief statement of the necessary findings of fact to establish the commission of the Infraction. (a) Civil Penaal jys_Assessmtent of Fees. Upon a finding that the infraction was committed by the respondent, the hearings officer may assess a civil penalty pursuant to Section $ of this chapter,p p1L18 hearing costs and witnass fees, if any. (9) The Record. The hearings officer shall maintain a - record of the proceedings. A mechanical recording of the hearing accompanied by any written documents, correspondence or physical evidence associated with �. the matter shall be sufficient to meet the require - mtents of this subsection. - (10) Finality of Decisickn: A+b�. The determination of the hearings officer shall be final. Review of the hearing officer's determination shall be to the cir- cuit court by writ of review pursuant to Chapter 34 of the Oregon Revived Statutes. Section &. Remedial Action by the City;- Costs Chargeable to the RpAp®ndent. Al. In the ease of Class 1 Infractions and where there is a finding by the code enforcement officer that there is a danger to the public health, safety or welfard, the city ORDINANCE NO. 86- PO page may, without notice, remedy the infraction and charge the remedial costs back to the respondent. B. The code enforcement officer shall have the right at reasonable times is enter into or upon property in accor- dance with lair to investigate or to remedy the infraction. C. The Finance Officer shall keep an accurate record of the costs incurred by the city in remedying the infraction. The Finance Officer shall notify the respondent by certi- fied mail, return receipt requested, of these costs and advise the respondent that the costs will be assessed to and became a lien against the respondent's property if not paid within 30 days of the notice, and shall further notify the respondent that the respondent is entitled to a hearing to contest the amount of the costs to hes assessed. D. The respondent shall be entitled to request that the code enforcement officer schedule a hearing to consider the amount of the costs assessed to remedy the alleged infraction. That hearing shall be conducted pursuant to the procedures established Section 5F of this chapter. E. If the remedial costs are not paid, the Finance Officer shall follow the procedures for lien filing and docketing as curtained in Section 9 of this chapter. Section 7. Default jg4gment. Subject to the limitations sat forth in Section SD(S) (c) , a default judgment shalt be entered for the maximum civil penalty applicable to the charged infraction if the respondent falls to appear at the scheduled hearing. If the respondent falls to appear for the hearing, :any security fares posted ashell be forfeited to the City. Section 8: Civil Pe:atalty. A. Continuous Infraction. When an infraction is of continuous nature, unless otherwise specifically provided, a separate infraction shall be deemed to occur on each calendar day the infraction continues to exist. B. Time Payment Due. Any civil penalty assessed shall be paid no later `sin thirty days after the final order. Such period may be extended upon order of the hear1 igs officer. C. Classification of Civil Penalties. For the purpose of determining civil penaa<ltie t, infractions are classified in OPMIXANCE NO. SS page ��n _ the following categories: (1) Class 1 infractions. (2) Class 2 infractions. (3) Class 3 infractions. D. Assessment of Civil Penalties. The civil penalty to be assessed for a specific infraction shall be as follows: (1) For Class 1 infractions, an amount not to exceed $250.00; (2) For Class 2 infractions, an amount not to exceed $150.00, (3) For Class 3 infractions, an amount not to exceed $50.00. E. Delinquent Civil Penalties. Delinquent civil penalties and those imposed by default judgment which were assessed for infractions may, in addition to any other method, be col- lected or enforced pursuant to ORS 30.310. Section R. Lien Filina and Rocketing. A. When a judgment is rendered by the hearings officer in favor of the City for the sum of $10.00 or more, exclusive -' of costs and disbursements, the code enforcement officer shrill, at any time thereafter while the judgment is enforceasble, file with this City Finance Officer a certified transcript of all those entries made in the docket of the hearings officer with respect to the action in which the judgment was entered. R. Upon receipt of this transcript, the Finance Officer shall enter the judgment of the hearings officer on the City's linin docket. C. From the time of entry of the judgment on the City's lien docket, the judgment shall be a lien upon the real property of the person against whom the judgment was entered in the hearing. Except as provided in subsection D, entry of the judgment in the City's lien docket shall not thereby extend the lien of the judgment more than ten years from the original entry of the judgment at the hearing. D. Whenever a judgment of the hearings officer which has been entered pursuant to this subsection is renewed by the hearings officer, the lien established by subsection C of ORDINANCE NO. 66-_ o�v Pag 5; this section is automatically extended ten years from the date of the renewal order. R. The Finance Officer shall file the transcript of the judg- ment with the Washington County Clerk for entry in the judgment docket of the circuit court. All casts associated with than filing of the 'transcript shall be added to the amount of the judgment. Section 10. Code Enforcement Officer Authorized to Promul+cate Rules. The cote enforcement officer is authorized to promulgates any rules her considers necessary to Qnforce this chapter. To be effective` such rules must be approved by the City Council by resolution. Section 11. Reverence to State Law. Any reference to a state sta- tute incorporates into this ordinance by reference the statute in effect on the effective date of this ordinance. Section 12. Effect of This Ordinance. A. Citations or complaints issued and filed with the municipal court prior to the effective date of this ordinance shall ` be processed in accordance with the provisions in effect at the time the complaint was issued. F . Nothing in this ordinance shall be construed as a waiver of any prior assessment, ball or fine ordered by the municipal court. Section 13. Severability. The provisions of this chapter are sever- able. If an section, sentence, clause or Irl:?ase of this cbapte$ is adjuged to be invalid by a court of competent jurisdiction, that decision shall not effect the validity of the remaining portions of the chapter. Section 14. Use _^f Lasa u_a_qe_. As used in this chapter, pronouns Indicating the masculine gender shall include the feminine gender, singular pronouns shall include the plural, and "person, shall, where appropriate, include any partnership, corporation, unincorporated a association, the State of Oregon or other entity. } n 0MIUMCS RO. 86- C) page 6 - page f EXHIBIT "B" T BUSINESS TAX PENALTIES 5.04. 190 Penalties. a. Violation of this chapter shall constituter a Claw 2 Civil Infraction which shall be processed according to they proce- dures established in the Civil Infractions Ordinance, Section 1 through Section 14. b. Each violation of a separate provision of this chapter shall constitute a separate Infraction, and :each day that a violation of this chapter is committed or permitted to continue shall constitute a separate infraction. C. A finding that a person has committed a civil infraction in violation of this chapter shall not act to relieve the person from payment of any unpaid business tax, including delinquent charges, for which the person is liable. The penalties imposed by this section are Ir. additions to and not in lieu of any remedies available to the City. d. Payment of the business tax after the complaint and summons is served Is riot a defense. e. If a provision of this chapter is violated by a firm or corporation, they officer or officers, or person or persons responsible for the violation shall be subject to they penalties Imposed by this chapter. r� ORDINANCE SIO. 86- Page EXHIBIT "C" CHAPTER 7.40 NUISANCE ORDINANCE Section 1. Short Title Section. 2. Definitions Section 3. Declaration of Nuisance Section 4. Nuisances Affecting the Public Health 1. Privies 2. Debris 3. Stagnant Tater 4. Water Pollution S. Odor S. Surface nater 7. Cesspools a. Animals 9. Removal of Carcasses Section 5. Nuisances Affecting Public Safety 1. Noxious Vegetation 2. Trees, Streets and Sidewalks 3. Greenway Maintenance 4. Open Storage of junk S. Attractive Nuisance 6. Scattering Rubbish Section 6. Nuisances Affecting the Public ?peace 1. Noise Section 7. Permits Required 1. Permits Required for Certain Events rising Amplified v®u.nd Section S. Penalties Oral INANCE NO. SSw "a Page o nu NUISANCE ORDINANCE Section 1. Short Title. This ordinance shall be known as the "Nuisance Ordinance" and may also be referred to herein as "this chapter." Section 2. Definitions. 1 . Res onsibLe ]Party. The person responsible for curing or remedying a nuisance, which includes: a. The o,�mer of the property or the owner's manager or agent or other person in control of the property on behalf of the owner; b. The person occupying the property including bailee, .lessee, tenant or other person having possession; C. The person who is alleged to have committed the acts er omissions, created or allowed the condition to exist or placed the object or allowed the object to exist on the property. Section 3. Declaration of nuisance. 1. The acts, omissions, conditions or objects specifically enumerated in this ordinance are hereby declared to be a public nuisance. 2. In addition to the nuisances specifically enumerated within this ordinance, every other thing, substance, or act which Is determined by the Council to be offensive, injurious or detrimental to the public health safety or welfare of the City Is declared to be a nuisance. 3. all nuisances shall constitute a Class 1 Civil Infraction and shall be processed according to the procedures estab- lished it the Civil Infractions Ordinance, Sections f through 14. Section 4. Nuisances Affecting the Public Health. No person shall cause or permit a nuisance affecting the public health. The following are nuisances affecting the public health. 1. Privies. ka open vault or peri.vy constructed and maintained within the City, except those constructed or maintained in ORDINANCE NO. 86-• Page,�� connection with construction � ro ects in accordance with k� the :Mate Health Division rv,*,wulPations. 2. Debris. Accumulations of debris, rubbish, »inure and other refuge that affect the health of surrounding persons. 3. Sta naant dater. Stagnant water which affords a breeding place for mosquitoes and other insect pests. 4. dater Pollution. Pollution of a body of water, well, ` spring, stream, or drainage ditch by sewage, industrial wiustes, or other substances placed in or near the water in a .manner that will cause harmful material to pollute the water. 5. Odor. Any animal, substance or condition on the premises that is in such a state or condition as to cause an offen- sive odor detectable at a property line or that are in an unsanitary condition. 6. Surface DK44np e. Drainage of liquid wastes from private premises. - 7. Cgeppools. Cesspools or septic tanks that are in an unsan- itary condition or which cause an offensive odor. a { S. Animals. Animals including livestock or buildings for the ` purpose of maintaining livestock or animals maintained in such places or in such a manner that they are offensive or annoying to the residents withia the Immediate vicinity, or maintaining the premises in such a manner as to be a breeding place or lfkely 'breeding place for rodents, flies, and ether posts. 9. Removal sof Carcasses. An animal carcass permitted r:o remain on public property or to be exposed on public pro- perty for a period of time longer than is necessary to remove or dispose of the carcass. Section 5. Nuisances Affectia°a� Public Safety. 1. Noxious Vegetation. a. The term "noxious vegetation" doss not include vegeta-- tion that constitutes an agricultural- crop, unless that vegetation is a health hazard, an► fire hazard or a ORDINANCE No. 96- . page I� i traffic hazard, and it is vegetation within the ` meaning of subsection (b) . b. The term "noxious vegetation" includes: ( 1) Needs more than 10 inches high; (2) Grass more than 10 inches high and not within the exception stated in subsection (a) of this section; (3) Poison oak, poison ivy or similar vegetation; (4) Dead trees, d i!ade bushes, stumps and any other thing likely to cause fire; (6) Blackberry bushes that extend into a public thoroughfare or across a property line; (6) Vegetation that Is a health hazard; (7) Vegetation that is a health. hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous. C. No owner of responsible party shall allow noxious vegetation to be on the property or in the right of way of a public thoroughfare abutting on the property. The owner or responsible party shall cut down or destroy grass, shrubbery, brush, bushes, weeds or other noxious vegetation as often as needed to prevent them from becoming unsightly or, in the case of weeds or other noxious vegetation, from maturing or from doing to seed. 2 Trees; Streets and Sidewalks. a. No owner or responsible partly shall permit tree branches or bushes on the property to extend into a public street or public sidewalk in a manner which interferes with street or sidewalk traffic. It shall be the duty of an owner or responsible party to keep all tree branches or bushes on the premises which adjoin the public strut or public sidewalk, including the adjoining parking utrip, trimmed to a height of net less than eight feet above the sidewalk and not less than. ten fest above the street b. No owner or responsible party shall allow to stand any deed or decaying tree that is in danger of falling or Ck ORDINANCE NO. 86- 720 page otherwise constitutes a hazard to I"he public or to Y persons or property on or near the property. � i C. The owner or responsible party shall keep a public street and/or sidewalk abutting their property free from earth, rock and other debris and other objects that may obstruct or render the street or sidewalk unsafe for its intended use. d. The owner or operator of any vehicle engaged in the transportation of excavation or construction materials k shall be responsible for keeping the public street and sidewalks free from such materials, including, but not limited to, earth, .rock, and other debris that may obstruct or render the street or sidewalk unsafe for its intended use. 3. Greenway Maintenance. a. The owner or responsible party shall be responsible for the maintenance of the property subject to an easement to the City or to the public for greenway purposes. Excerpt as otherwise provided by this section, the standards for maintenance shall be as follows: (1) The land shall remain in its natural topo- graphic condition. No private structuress, ` culverts, excavations or fills shall be constructed within the easement area unless authorized by the city engineer based on a finding of need in order to protect they property or the public health, safety or welfare-, (2) No tree over five feet in height shall be removed unless authorized by the planning director based on a finding that the trey: constitutes a nuisances or b hazard: (3) Grass shall be kept cut to a height not exceeding tan inches, excerpt when some natural condition prevents cutting. b. In situations where the Approoval Authority establishes different standards or additional standards, the standards shall be in writing and shall be recorded. No person shall be found in violation of this section of the Code unless the person has been 'given actual or constructure notice of the standards prior to the time the violation occurred. ORDINANCE NO. Pager- 4. Ppe+n Stora_gof .J nk. No person or responsible party shall deposit, store, maintain or keep on any realproperty, +. except in a fully enclosed storage facility, building or garbage receptacle, any of the following: a. An icebox or refrigerator, or similar container which seals essentially air tight, without first removing the doer; b. Inoperable, partially dismantled automobiles, trucks, bus trailers or other vehicle equipment or parts thereof in a state of disrepair for more than ten calendar days as to any one automobile, truck, bus, trailer or piece of vehicular equipment; C. Used or dismantled household appliances, furniture, other discards or junk for more than five dabs. 5. Attractive Nuisances. a. No owner or responsible party shall permit on the property: (1) Unguarded machinery, equipment, or other devices which are attractive:, dangerous, and accessible to children; (2) Lumber, logs, building material or piling placed or stored in a manner so as to be attractive, dangerous, and accessible to children; ; (3) An open Sit, quarry, cistern, or ether excavation without safeguards or barriers to prevent such places from being used by children; or (4) An exposed foundation or portion of foundation, any residue, debris or other building or etrkc-W Lural remains for more than 30 days after the: destruction, demolition or removal of any building or portion or the building. b. This section stall not apply to authorized construc- tion projects with reasonable safeguards to prevent: injury or death to playing children. €. Scattering Rubbish. No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse, or any substance that would mar the appearance, create a stench or fire hazard, detract from the clean- liness or safety of the property, or would be likely to ORDINANCE No. 86-,')0 s Page _ _ injure a person., animal, or vehicle traveling upon a public way. Suction S. Nuisnces_Affecting the Public_Peace, 1. Noise. a. Definitions. For purposes of this section, the following mean: (1) Ambient Noise. The all-encompassing noise �. associated with a given environment, being usually a composite of sounds from many sources, near and far. (2) Noise Sensitive Prgj rty. Real property on which people normally sleep and, in addition, schools, churches, hospitals and public libraries. b. No person shall operate a motor vehicle in such a manner or at such a location as to cause the noise created by the vehicle to cause the ambient noise level at the nearest noise sensitive property to exceed the levels specified in subsection (d) of this section, as measured at a point locates 25 feet from the noise-sensitive structure toward the noise source. CExcept as may be expressly allowed pursuant to the provisions of Section 8, no person shall cause or permit noise to emanate from the property under his or her control so as to cause the ambient noise level at the nearest noise-sensitive property to exceed the levels set forth in subsection (d) of this section, as measured at a point located 25 feet from the noise- sensitive structure toward the noise source. d. Allowable noise limits are as follows: Time Maximum noise level, PBA 7 a.m. - 10 P.M. 60 19 ;p.a. a 7 a.m. 55 e. The restrictions imposed by subsections (b) , (c) and (d) of this section shall not apply to the following: (1) Emergency equipment not operating on a r*gular or scheduled basis; ORDINANCE NO. g66a , Page - ..t (2) Noise emanating from the Pacific Highway, Highway I-217 and Highway I-b; (3) Sounds originating can construction sites and reasonably necessary to the accomplishment of work in progres=s; provided, however, that no construction work may be carried can between the hours of 3 p.m. and 7 a.m. , except for bona fide emergencies where the public health or safety is threatened or when a special permit, granted by ?` the City Council, has been first obtained. Any such spacial pc2mit may be granted by the City Council only after first having held a hearing and having otherwise followed the administrative procedures contained in Chapter 15 .32 of this Code; (4) Emargsancy repair equipment not operated on a regular or scheduled basis; and > (5) Lawn, garden or household equipment associated with the normal repair, upkeep or maintenance of property. f. No person shall operate within the city limits of the ^ City of Tigard a motor vehicle exhaust-braking system. commonly Knows as a "Jake brake." For the purposes of this subsection, the exceptions se's forth in asp:ase ,- tions (e) of this section shall not apply, and this section shall be read as an absolute prohibition o the operation of such motor vehicle braking systems within the City of Tigard. g. No person shall cause or permit noise to emanate from sound amplifying equipment Fender their control so as to cause the ambient noise level to exceed SC ANA at any distance 100 feet or more from the source between the hours of 7 a.m. and 10 p.m. and 55 DHA 100 feet from the source between the hours of 10 p.m, and 7 a.m. h. Penalty. (1) Failure to abets the nuisance within the time allowed for the abatement shall consti- tute a Class 1 Civil Infraction which shall 1�,,e processed according to the procedures established in the Civil Infractions Ordi- nance, Sections 1 through 14 (2) Each violation of ai! separate provision of this section: shall constitute a separate ORDINANCE NO, 536-,P,—C) Page �� infraction, and each day that a violation of this section is committed or permitted to continue shall constitute a separate viola- tion. (3) A finding of a violation of this section and imposition of a civil penalty shall not relieve the responsible party of the duty to abate the violation, except where the City has acted to abate the nuisance. In such as situation, the responsible party shall be liable for the costs pursuant to Section 6 of the Civil Infractions Ordinance. (4) if a provision of this section is violated by a fire or corporation, the officer of officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section. Section 7. Permits Required. 1. Permits Regu.ired for Certain Events Using Amplified Sound. a. The use of amplified voice and music at levels which would otherwise exceed those permissible under Section 6(1) may be allowed upon application to the city administrator. Application for an aiaaplified sound permit shall be made to the city administrator on forms prepared by the CLcy. The applicant shall identify the date, location and time of the event for which the permit is sought, and shall provide an estimate of eche duration of the event. b. In the case of a series of similar events (for example, a. season's high school football games) to be conducted at the same location, the city administrator may, in his discretion, issue the hermit in a foray extending to cover the entire series. In that event, the permit shall be subject to the administrator's withdrawal at any time. C. The city administrator shall grant a permit in any instance in which the event and Its accompanying noise will not, In his judgment, interfere unreasonably with the peau of those likely to be affected by the noise. In making this judgment, he shall take into account the nature of the surrounding properties and the benefit to the community of the event for which the application is made. ORDINANCE NO. 86--PO Page 177 7�7­-777-77_-.. x d. The city administrator may submit any question arising with respect to this section to the city council, and if any member of the city council requests its submis- sion to the council, any such question shall be heard by the council. In either event, the decision of the city council shall be final. e. No permit authorized by this section shall give the applicant the right to cause or permit sound to emanate from the property on which the event is held so as to cause the ambient noise level at the nearest noise-sensitive property to emceed 55 DBA after the hour of 11:00 p.m. Section S. PENALTY. Except as otherwise provided in this chapter: 1. A violation of this chapter shall constitute a Class 1 Civil In€raction which shall be processed according to the procedures established in the Civ21 Infraction Ordinance, Sections 1 through 14. Notice to abate the nuisance shall be a prior contract. 2. Each violation of a separate provision of this chapter shall constitute a separate infraction, and each day that a violation tal this chapter is committed or permitters to continue shall consti- tu.te a separate infraction. Y S. A finding of a violation of this chapter shall 6 not relieve the responsible party of the duty to abate the violation. The penalties, imposed by this section are in addition to and not in lieu of any remedies available to the City. 4. If a projision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the: violation shall be subject to the penalties imposed by this chapter. ORDMANCE KO. Sfs-C' Page