Ordinance No. 89-21 i
CITY OF TIGARD, OREGON
ORDINANCE NO. 89- a I
AN ORDIXMCE A2 EMM E'ER 1.16, CIVIL 1NMCTIONS, OF THE TIGARD MJNICIPAL
CODE FUFaUM DEFINING THE W. ARUr, PROCLERS XR) ABATE14M REQUnL94WS, AND
yDalgG AN EFFEcrIVE DATE.
WHEREAS, in order to pra',.ect the public health, safety, and welfare there must
be a process for enforcing the provisions of the Tigard Municipal Code; and
VIAS, the City Council has established a franwdork for the enforcement of
certain sections of the Tigard Municipal Code through civil Pc S; and
WHEREAS, this ordinance will clarify methods of service and allow proper action
for non-ccnPliance with the code; and
WHEREAS, this ordinance is designed to enable the civil infractions hearings
officer to require abatement of ordinance infractions and impose penalties for
t non-cmpliance with an order.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 1.16.230 of the Tigard deletedCise shownshall
be in [ mended L`I'Sas
set forth below. Ianguag to be
Language to be added is IJND .
(a) Service of the uniform infraction summons and Taint may
be made by personal service on the respondent or an agent of the
r� ndent authorized to receis�c�process• by substitute service at
{_ the res
_I ndent's dwell' or office: or by registered mail, return
receipt requested, to the respondent at his last known address. In
the event of substitute service at the respondent's dwelliM., the
-son served must. be at least 14 veers of age and residing in the
reg' ndentIs Mace of abode Service at the resoorrlent's office.
must be made during regular busy ness hours to the person who is
aarently in c harae If substitute sprva ce is used, a tr ue cow
of the sumzons and ggWlaznt together wyth a statement of the
date tune and lace at rvrxirh service was made must be mailed to
the resoor�lent at the respondent's last known address. Service
will be considered cxmg�lete coon such a_mailing_ Service by any
other method reasonably calculated, under all the circumtstannces, to
apprise the respondent of the existence and pendency of the
infraction and to afford a reasonable o¢POrh tY to respond shall
be acceptable."
ea(b) Service on particular respondents,ndents, such as minors, incaPaki
-
citated persons, corporations, limited parbierships, 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 Pro are."
ORDINANCE No. 89-c�1
Page 1
"(c) No default shall be entered against any respondent withait
proof that the respondent had [actual] notice of the uniform
infraction sums and coup]aint. A sworn affidavit of she code
enforcement officer [that the respondent had actual notice]
outl' '= the method of service inelurdim 'rhe date time. and
21aee of p@pp;x shall create a rebutt 4ble presumption that the
respondent had such notice." (Ord. 86-20 §1 (Mbit A(5) (D) (3),
1986).
SECTION 2: Section 1.16.300 of the Tigard Municipal Code shall be amended as
set forth below. Language to be deleted is shown in [BRACKETS].
Language to be added is UNDERLTNM.
'Hearing-Decision by hearings officer. The hearings officer shall
determine if the respondent carmitte d the infraction as alleged in
the complaint. When the infraction has not been proven, a written
[an] order dismissing the conplaint shall b-- 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 camnitted, [and upon written
request by a party to the hearing,] a written order shall [include
a brief statement of the necessary findings of fact to establish
the] be Prepared which sets out sufficient information to
substantiate the cmmission of the infraction. Written orders
shall be greDared within 10 days of the oral decisic;n. A
copy of thLe order shall be delivered. finally or by mail. to the
resgorxiert, the nunic" 1 court t1ie code
enforrnt office:..Fi
SECTION 3: A new section shall be added to the Tigard Municipal Code as set
forth below. Language to be added is UNDIIRI.TNED.
11 16 305 Civil Penalty - Abatement Requirements. Upon a findim
that the infraction was c= tied by the respondent the hearings
officer My rec=e the respondent to abate the ordinance
infraction within asoecified time period identified in the final
order."
SECTION 4: A new section shall be added to the Tigard Municipal Code as set
forth belga. Language to be added is UNDERJINM.
111 16.385 Failure to CxRRIP-ly With JudWent Mer Failure to abate
an infraction or pay the civil penalty or court costs iM2999 .
within the time allcwed for abatermit or Rg10 t, shall constitute
a Class 1 Civil Infraction Failure to gggply with a iiadgn�erit
order is a continuous infractionand a separate infraction will be
deemed to occur each ellen ar day the failure to gxply infraction
oontirntes to pKjg pga the time allowed in the judo nt Mer.°d
sBMON 5: SEPARATION CLAUSE: Iiany part of this ordinance, for, any reason
shall be adjudged invalid by a court of cm1petent jurisdiction,
such judgment shall not affect, impair, or invalidate the remainder
OWDANCh NO. 89-
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of this ordinance but shall be confined in its opeiu ion to the
part of this ordinance directly involved in the controversy in
whict judgment is rer4ered.
SB=ON 6: This ordinance shall be effective 30 days after its passage by the
Co=il, approval by the Mayor.
PASSED: By UtIfA rt i nncWS vote of all Council members present after being
read by mm►ber and title only, this co N tD day of
1989.
t therine t1ey�DepuMly
e,
APPROVED: This day of - , 198
Mayor
.Approved as to form:
City Amey
-k
Date
cp/Civil
M:\OFFSVCS\
ORDnWCE NO. 89--,=�—/
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