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City Council Packet - 11/22/2011 n 111 TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING November 22, 2011 COUNCIL MEETING WILL BE TELEVISED I:1Design & Communications \Donna \City CounciRccpkt3 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov e City of Tigard Tigard Business Meeting - Agenda TlCAR1_) TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND CITY CENTER DEVLOPMENT AGENCY MEETING DATE AND TIME: November 22, 2011 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign -in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http : / /www,tvctv.org/government- programming /gov m en t- meetings /tiga rd CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. " City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD, AND CITY CENTER DEVLOPMENT AGENCY MEETING DATE AND TIME: November 22, 2011 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION A. Discussion of Banking Services Contract B. Identify Preliminary Legislative Priorities for the 2012 Oregon Legislative Session C. Administrative Items Joint meeting with the Tigard- Tualatin School Board is scheduled for Monday, January 30, 2012. A light dinner will be available at 6:30 p.m. with the meeting beginning at 7 p.m. Poll council members whether to arrange to tv coverage. Cost is about $375. Agenda topic suggestions? Council Calendar: • Thursday and Friday, November 24 and 25 - Thanksgiving Holiday, City Hall closed. • Tuesday, December 6, 2011, Council goal- setting meeting, noon -5 p.m. at Fanno Creek House. • Tuesday, December 13, 2011, Regular business meeting; 6:30 p.m. study session and 7:30 p.m. business meeting. • Tuesday, December 20, 2011, Business meeting; 6:30 p.m. study session and 7:30 p.m. business meeting. (This business meeting will take the place of the regularly scheduled Workshop meeting.) • Tuesday, December 27, 2011, Regular business meeting canceled. • EXECUTIVE SESSION: The Tigard City Center Development Agency will go into Executive Session to discuss real property transaction negotiations and the Tigard City Council will go into Executive Session to discuss pending litigation with legal counsel under ORS 192.660(2) (e) and (h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM I . BUSINESS MEETING - NOVEMBER 22, 2011 A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) 7:35 p.m. - time is estimated A. Follow -up to Previous Citizen Communication B. Citizen Communication — Sign Up Sheet 3. PROCLAMATION - PROCLAIM DECEMBER 4 -10 AS HUMAN RIGHTS WEEK 7:45 p.m. - time is estimated 4. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 7:50 p.m. - time is estimated A. Approve Council Meeting Minutes: August 23, 2011 September 13, 2011 October 11, 2011 B. Local Contract Review Board: 1. Contract Award - Hydro - geological Services Related to Aquifer Storage and Recovery Program • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council /City Center Development Agency has voted on those items which do not need discussion. 5. UPDATE FROM THE PARK AND RECREATION ADVISORY BOARD (PRAB) REGARDING A CITY RECREATION PROGRAM 7:55 p.m. - time is estimated 6. CONSIDER ADDITION OF FULLY FUNDED 1.0 FTE TRANSIT OFFICER TO POLICE DEPARTMENT AND A RELATED BUDGET AMENDMENT 8:25 p.m. - time is estimated RESOLUTION NO. 11 -38 - A RESOLUTION TO APPROVE THE ADDITION OF 1.0 FTE POLICE OFFICER AND RELATED COSTS AND SUPPORTING REVENUES TO THE FY 2012 ADOPT BUDGET IN POLICE IN THE AMOUNT OF $74,673 7. DISCUSS AMENDMENTS TO CHAPTER 1.16 OF THE TIGARD MUNICIPAL CODE 8:30 - time is estimated 8. RECEIVE AND DISCUSS FINDINGS FROM THE 2011 COMMUNITY ATTITUDES SURVEY 9:10 - time is estimated 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 12. ADJOURNMENT 9:30 p.m. - time is estimated AIS -685 Item #: A. Business Meeting Date: 11/22/2011 Length (in minutes): 5 Minutes Agenda Title: Discussion of Banking Services Contract Submitted By: Debbie Smith -Wagar Financial and Information Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE The City of Tigard's banking services contract has been in place for five years and staff is asking to use a permissive cooperative procurement process. STAFF RECOMMENDATION / ACTION REQUEST Request council agreement to bring banking contract to council using Lane County's contract and the permissive cooperative procurement method. KEY FACTS AND INFORMATION SUMMARY The City of Tigard currently has its primary banking services contract with US Bank. This contract provides a variety of services: • General checking • Merchant services (credit card processing) • Lock box (automatic processing of check payments, primarily for utility billing) Every five years the city is required to reevaluate the contract. Our five years are up, and the city needs to sign a new contract. The city has been pleased with the service from US Bank. The bank's staff responds quickly to questions from city staff. US Bank consistently receives high ratings from web services that rate banks for safety, such as Bankrate.com. In addition, US Bank is the only bank with a lock box in Oregon. This is important as it allows our customers to mail payments to an Oregon address. We would like to continue with US Bank. Staff is asking the LCRB to allow us to use the results of Lane County's formal Request for Proposal (RFP) and approve new banking services agreement with US Bank. Staff is also recommending the use of a permissive cooperative procurement, as authorized under ORS 279A.215 through the use of an existing Lane County contract and solicitation. The permissive cooperative procurement method allows the city to save on both staff time and materials when compared to a traditional RFP. This method is most fitting in this case as US Bank is the only potential proposer which has the local lockbox service in Oregon and conducting an RFP would most assuredly end with US Bank as the most responsible proposer. If the council agrees we should move forward, our intent to award the contract to US Bank will be published giving potential vendors a chance to comment. A resolution to approve the award will then go on the December 20, 2011 consent agenda. OTHER ALTERNATIVES Staff could be directed to conduct a formal request for proposals. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Financial Stability: hold the line on General Fund budget. DATES OF PREVIOUS COUNCIL CONSIDERATION This has not been considered by council before. AIS -704 Item #: B. Business Meeting Date: 11/22/2011 Length (in minutes): 5 Minutes Agenda Title: Discuss the 2012 Oregon Legislative Session and Its Potential Impact on Tigard Prepared For: Kent Wyatt Submitted By: Kent Wyatt City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE What should Tigard's legislative platform include for the 2012 Oregon Legislative Session? STAFF RECOMMENDATION / ACTION REQUEST Discuss legislative priorities for the 2012 session. KEY FACTS AND INFORMATION SUMMARY The 2012 Legislative Session will begin on February 1st and cannot exceed 35 days, according to the Oregon Constitution. Legislative leadership has restricted each member to two bills each, which will limit the session's scope. The session will focus mostly on the state budget and determining whether further cuts are necessary. City staff will monitor the session for budget - related legislation which may have an undue burden on cities. House Bill 2712, passed in the 2011 session, is one legislative item which cities will closely monitor. The bill alters the distribution system for fines in Oregon courts, including municipal courts. One of the effects of HB 2712 is to require courts (including municipal courts) to remit to the state before any other distribution is made, either (a) $60 or (b) the amount of the fine if the fine is less than $60, in any criminal action in which a fine is imposed. Additionally, discussions among city officials have been inconclusive as to whether or not the legislation would require cities to turn over fine revenue from municipal code violations, including parking tickets. City staff will update the City Council if other city- related legislation is introduced. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Work with state and regional partners to modify the Transportation Planning Rule. Work with partners on urbanization policy issues. Work with partners on long -range solutions to statewide structural problems. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A AIS -713 Item #: 3. Business Meeting Date: 11/22/2011 Length (in minutes): 5 Minutes Agenda Title: Proclaim Human Rights Week Prepared For: Joanne Bengtson Submitted By: Joanne Bengtson City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Proclamation ISSUE Should Mayor Dirksen Proclaim December 4 -10 Human Rights Week? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY The text of the proclamation is attached. The request is for the City of Tigard to proclaim December 4 -10 to be Human Rights Week and December 10, 2011, as Human Rights Day. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION Mayor issued this proclamation in 2010 at the request of the Washington County Human Rights Council. Attachments Human Rights Proclamation • Y r ,..'„--- iii, .. �� / �,, , � ii , , y, Cin of ' li:;ani 4 1, , . r .* ."" Human Rights Proclamation WHEREAS, on December 10, 1948, the member states of the United Nations signed the Universal Declaration of Human Rights and countries of different political, economic and social systems unanimously agreed upon fundamental rights that all people share solely on the basis +! of their common humanity; and p`.. WHEREAS, the Universal Declaration asserts recognition of the inherent dignity and of the t equal and inalienable rights of all members of the human family is the foundation of freedom, r -4: - 4,47.1: , justice, and peace; and .. . WHEREAS, disregard for human rights have resulted in acts which have offended the conscience of mankind, and the advent of the world in which human beings shall enjoy freedom >, of speech and belief and freedom from fear and want has been proclaimed as the highest I , aspiration of the common people; and k t' WHEREAS, the Universal Declaration is referred to as the primary definition of human rights - 1:'i standards and increasingly referred to as customary international law, which all countries v should abide; and • 4:. 1 the Human Rights Council of Washington County works to promote respect, .: dignity and mutual understanding for everyone within the community; and s, WHEREAS, the primary responsibility to promote respect for these rights and freedoms lies within each individual in the City of Tigard, and by supporting the dignity and worth of the x�' human person, residents can promote social progress and better standards of life; i if ' ° NOW THEREFORE BE IT RESOLVED THAT WE, the City Council of the City of Tigard, 4 ,4; Oregon do hereby proclaim : r. "� ;I December 4-10, 2011 to be HUMAN RIGHTS WEEK, and `;, � 1'1 December 10, 2011 as HUMAN RIGHTS DAY, -� " _; • `, and we encourage our residents to study and promote the ideas contained in Universal 4 ! .I ., Declaration of Human Rights to the end that freedom, justice, and equality will flourish and be , ,, / ,.- - ..' : made available to all. 1�' :, IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of r y `" :' Tigard to be affixed. ' Craig E. Dirksen, Mayor i''ll. City of Tigard Attest: City Recorder ., , L . Y y y;'I ... l . - . : : , ; .. ! r i , f '. 4 .. . 14 ma { ` fin. s SUPPLEMENTAL PACKET � � � C 1Cc v n a ` . ' \ FOR)) , v t l-.e i /Cla - ---- -� 3 (DATE OF MEETING ,. :::„.....,.....:7 ,,, ,?,,, ,__N . a , A , IIII ..- , *Ne \\ , , 1 . ,.., . ,. 'cz P t 4A ., < A it ,,,i ' , \-. I (1 i ‘ 8 • ■,„ 9 r - s 4 r � ( p® 0 , + ,. -� * �' � w AN 7/77 t4/ . ti / 4414. a g . ar P • .., A a I ' 4 2011 Human Rights Poster Contest Grand Prize Winner Elina Gouw - 8th Grade - Stoller Middle School - Beaverton, OR Washington County is a great place to live, but it takes a village to keep it that way. We understand that ensuring human rights for all, in our community and in the world, is an ongoing mission. In recent years, Washington County has seen unprecedented growth and change, both in population and diversity. The Human Rights Council of Washington County was established in 2006 to promote respect and dignity of all by supporting a community where every person is valued, and equal rights and diversity are embraced. The Human Rights Council works: To promote equal rights as a central part of the public and private sectors. To provide valuable feedback to local leaders on issues of equity and diversity. To respect and reflect the cultural diversity of our community. To foster mutual understanding amongst all of our community's residents. To promote inclusiveness, justice and equity. To learn more about our programs and activites and to see all of this year's winning posters, go to www.humanrightswashco.org Human Rights Council of Washington county 1 Print Agenda Item Summary Page 1 of 1 AIS -727 Item #: 4. A. Business Meeting Date: 11/22/2011 Length (in minutes): Consent Item Agenda Title: Approve City Council Minutes Submitted By: Cathy Wheatley Administrative Services Item Type: Motion Requested Meeting Type: Council Business Meeting - Main ISSUE Approve Council Meeting Minutes: August 23, 2011 September 13, 2011 OctnEr i- 4 S { oZi 4 Der . /3 a U 1 I STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY Minutes are being drafted. Drafts not completed and attached to this agenda item summary by November 21 will be rescheduled for the next business meeting. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments August 23, 2011 City Council Minutes September 13, 2011 City Council Minutes October 11, 2011 City Council Minutes http: // agendas. tigard- or. gov/ frs /publish/print_ag_memo.cfm ?seq= 727 &rev =0 &mode =Ext... 11/23/2011 AIS -720 Item #: 4. B. 1. Business Meeting Date: 11/22/2011 Length (in minutes): Consent Item Agenda Title: Contract Award - Hydro - geological Services Related to Aquifer Storage and Recovery Program Prepared For: Joseph Barrett Submitted By: Joseph Barrett Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB ISSUE Shall the Local Contract Review Board award a contract for hydro - geological services related to the city's aquifer storage and recovery program to GSI Water Solutions, Inc.? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award the contract for hydro - geological services to GSI Water Solutions, Inc. and authorizes the city manager to fully execute the contract. KEY FACTS AND INFORMATION SUMMARY The city has an active aquifer storage and recovery (ASR) program. In an ASR program, water is stored in the basalt aquifer beneath the city's service area during the winter and spring months (December through June) when demands are low. This stored water is recovered during the summer and fall months (July through November) to augment system capacity during peak demand periods or during an emergency condition. The city currently has three ASR wells in operation. The Public Works Department requires the use of hydro - geological support services to provide operational support for the city's extensive Aquifer Storage Recovery (ASR) limited license program. These services for the next five years will include: • Annual operational support services for the injection and recovery cycles, water quality monitoring, state reporting requirements, and long term monitoring of the city's ASR system. • ASR Limited License Extension (Oregon Water Resources Department license expires in December 2011) including request by the city for beneficial modifications to the current license. • Hydro - geotechnical engineering support for funded capital improvement projects for ASR expansion and Lake Oswego- Tigard Water Partnership projects. The city issued a Request for Proposal for the required hydro - geological services on September 1, 2011 with responses due on September 29th. The city received only one response, as was anticipated, from GSI Solutions, Inc. A selection committee reviewed the receive proposal, found it to be responsive to the city's needs and has recommended GSI Solutions, Inc. be awarded the contract for the needed services. Staff anticipates the total amount that will be spent during the life of this contract is roughly $360,000. OTHER ALTERNATIVES The Local Contract Review Board can choose to decline the award and direct staff to reissue the Request for Proposal in effort to receive additional proposals. Given this field is narrow; this may simply add staff and material costs while yielding the same result. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this agreement has been before the Local Contract Review Board. Fiscal Impact Cost: $360,000 Budgeted (yes or no): Yes Where budgeted ?: Water Fund Additional Fiscal Notes: This contract will be for up to five years with an estimated total of $360,000 over the potential life of the contract. Appropriation in future fiscal years will be included in budget requests. AIS -634 Item #: 5. Business Meeting Date: 11/22/2011 Length (in minutes): 30 Minutes Agenda Title• Update from the Park and Recreation Advisory Board (PRAB) Regarding a City Recreation • Program Submitted By: Cathy Wheatley Administrative Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE The council will receive an update on PRAB activities related to a city recreation program. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council receive the update. KEY FACTS AND INFORMATION SUMMARY The PRAB will provide an update on its activities to investigate a city recreation program. The Board has heard presentations from recreation professionals working in neighboring cities. Preliminary community attitudes survey results indicate 80 percent of those polled felt the city should play an active role in recreation. Survey results will be finalized and available for discussion at this meeting. The PRAB may make a recommendation for the council regarding consideration of a city recreation program as a 2012 City Council goal. OTHER ALTERNATIVES Council could choose not hear the PRAB's recreation program update. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2011 Tigard City Council Long Range Objective: "Programs and activities are available in the community to meet the needs of a diverse population." DATES OF PREVIOUS COUNCIL CONSIDERATION The council last met with the PRAB and discussed recreation on September 20, 2011. AIS -691 Item #: 6. Business Meeting Date: 11/22/2011 Length (in minutes): 10 Minutes Agenda Title• Addition of Fully Funded 1.0 FTE Transit Officer to Police Department and Related Budget • Amendment Prepared For: Toby LaFrance Submitted By: Carissa Collins Financial and Information Services Item Type: Motion Requested Meeting Type: Council Business Resolution Meeting - Main ISSUE The city currently has an Intergovernmental Agreement (IGA) with TriMet and the City Portland that provides for the assignment of one sergeant and three police officers to the TriMet Transit Division in the City of Portland Police Department. This Division includes sworn officers from the City of Beaverton, City of Gresham, City of Milwaukie, Multnomah County, Washington County, Clackamas County and the City of Tigard. The success of this program has created a greater opportunity to expand communication and cooperation between the participating jurisdictions as well as providing greater knowledge of policing in a mass transit environment. This has been of tremendous value with the commuter rail now operational through Tigard. As a result, TriMet has requested that the city provide an additional 1.0 FTE police officer position to be assigned to the Transit Division. Approval of this item will add 1.0 FTE Police Officer position to the Police Operations Division. To support the position, the budget in the Police Operations Division, which is part of the Community Services Program, will be increased by $74,673 for FY 2012. This increase in expenditures is offset with an equal increase in revenues from TriMet as part of the IGA. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the additional 1.0 FTE Transit Officer position to the Police Department. KEY FACTS AND INFORMATION SUMMARY This request is to approve the addition of one FTE police officer position and related costs and supporting revenues to the FY 2012 Adopted Budget in Police. TriMet will reimburse the city for all personnel expenses including small equipment allowances. In addition, the city charges a 5% overhead fee to cover administrative costs which is also reimbursed by TriMet. Salary, benefits, materials and services along with overhead are estimated within mid -range for an overall total of $74,673 for 9 months of the fiscal year. OTHER ALTERNATIVES Do not approve the additional 1.0 FTE to Police. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 6. Financial Stability a. Hold the line on the General Fund Budget. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: $74,673 Budgeted (yes or no): No Where Budgeted (department/program): Police /Operations Additional Fiscal Notes: The additional 1.0 FTE and related costs in Police is fully reimbursed by TriMet. The position salary is priced beginning at Step 3 of the salary range for a Police Officer pro -rated for 9 months of the fiscal year. The total impact of this action will increase requirements within the General Fund by a total of $74,673, this amount is offset by revenues received from the Intergovernmental Agreement with TriMet and the City of Portland Fund Budget Impact Source General Fund $74,673 Intergovernmental Revenues Attachments Resolution Exhibit -A AIS -637 Item #: 7. Business Meeting Date: 11/22/2011 Length (in minutes): 45 Minutes Agenda Title: Discuss Amendments to Chapter 1.16 of the Tigard Municipal Code Prepared For: Susan Hartnett Submitted By: Susan Hartnett Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Discuss and provide direction to staff regarding proposed amendments to Tigard Municipal Code (TMC) Chapter 1.16 related to the establishment of new cost efficient and effective tools.for code enforcement. This is the first of two discussions council is requested to have regarding this matter. The second discussion is scheduled for December 13, 2011 and will address consolidating existing nuisance violations into a new TMC Title 6. A public hearing is scheduled on both sets of TMC amendments on January 24, 2012. STAFF RECOMMENDATION / ACTION REQUEST Receive information, discuss options and direct staff regarding the proposed amendments to TMC Chapter 1.16. KEY FACTS AND INFORMATION SUMMARY Introduction: Council is requested to review the first of two packages intended to amend the Tigard Municipal Code (TMC) to establish more cost efficient and effective code enforcement tools. The first set of amendments proposes changes to TMC Chapter 1.16 to create new administrative enforcement options and improve existing judicial remedies. The second package proposes to consolidate existing nuisance violations into a new Title 6. It is scheduled for discussion on December 13, 2011. At both of these work sessions, staff seeks council's feedback and direction prior to a public hearing. Background: Fiscal Year 2010 -11 budget reductions resulted in elimination of the city's only remaining Code Enforcement Officer. It was decided that maintaining a credible code enforcement function required new administrative enforcement tools to provide more cost efficient and effective services. In response, City Council, at its February 15, 2011 meeting directed staff to prepare the necessary amendments to the Tigard Municipal Code. Over the next several months, council and staff developed the following general strategy regarding TMC amendments. 1. Provide for administrative remedies in Chapter 1.16 to augment existing judicial and emergency remedies; 2. Provide for administrative fees, also in Chapter 1.16, and add these to the Master Fees and Charges Schedule; 3. Consolidate nuisance regulations from multiple TMC locations into a new Title 6; and 4. Establish the authority to create administrative rules as needed. Council subsequently directed staff to refine the above into specific TMC amendments for its consideration. The proposed amendments are summarized below and described in greater detail in Attachment 1, which is a cover memo accompanying Attachment 2, the proposed amendment package, which includes the following materials: 1. Proposed amendments to Chapter 1.16 formatted to show the final version of the language ( "clean"). This version includes "comment balloons" that explain the major changes. 2. Proposed amendments to Chapter 1.16 formatted to show the changes to the existing language (strike - through and underline font). This version also includes "comment balloons" that explain the major changes. 3. A Table of Changes showing a section by section summary comparison of the existing and proposed text with notes describing key changes. 4. Two examples of Administrative Rules that would implement specific regulations of Chapter 1.16. 5. Cross Reference Updates showing other TMC provisions that will need to be updated because of renumbering in Chapter 1.16. (Both attachments were provided to the City Council members on November 10 in a notebook.) TMC Chapter 1.16 is proposed to be restructured from 46 sections into four articles with topically related sections. A Table of Contents for each article has been added. An administrative process has been added to enhance existing judicial provisions and general regulations have been separated from process specific ones. The proposed Chapter 1.16 Articles are: Article I - General Provisions; Article II - Judicial Enforcement; Article III - Administrative Enforcement and Article IV - Penalties, Fees and Costs. In addition to the changes described above, TMC Chapter 1.16 has been cleaned up and its usability improved. For example, language was modernized, long and complex sentences were broken down and consistent use of terms was established. Also the city's AP standards were applied. OTHER ALTERNATIVES 1. Council may choose to spend more time reviewing the proposed changes and also delay the public hearing. 2. Council may also choose to not proceed with amendments to Chapter 1.16. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Goal #1. Implement Comprehensive Plan: The Code Compliance Program contributes to many of the Comprehensive Plan's goals and policies related to the community's livability and vitality. Goal #4. Advance Methods of Communication: Consolidating nuisance citations in a single title will improve and simplify communication with the public on code violations. The addition of an administrative enforcement process will allow for less formal and less threatening communication with alleged violators. DATES OF PREVIOUS COUNCIL CONSIDERATION July 27, 2010; February 15, 2011; August 23, 2011; September 13, 2011 Attachments Attachment I - Cover Memo Attachment 2 - Proposed Amendment Package ,.....-. 4a af-p-n.Q,-,t, 1 .7 _ q City of Tigard TIGARD M emorandum To: Mayor Dirksen and Tigard City Councilors From: usan Hartnett, Assistant Community Development Director Re: First Package of Proposed Code Compliance TMC Amendments Date: November 8, 2011 At the September 13, 2011 City Council meeting, staff presented a high level overview of the draft package of amendments to the Tigard Municipal Code (TMC) and Administrative Rules that are being proposed to enhance the city's code compliance program. Because of the anticipated volume and complexity of the amendments, council indicated a desire to divide the materials into pieces that could be reviewed and discussed at several meetings. On October 7, 2011, staff provided a memo outlining the anticipated schedule for distribution of two packages of material, which also described the use of a 3 -ring loose leaf binder with tabs for each major component of the TMC being amended. The attached notebook will allow materials to be added and updated easily throughout the review, revision and adoption process. Each packet of material will be distributed two weeks before the scheduled discussion of those components. The entire code compliance team is very pleased to present the first package of proposed amendments and related materials contained in the attached notebook. A brief reminder of the anticipated schedule for the review and adoption process will be followed by a summary of the contents of this package and suggestions on different ways the material can be reviewed depending on individual preferences. At the business meeting on November 22, 2011 council will discuss the proposed amendments to Chapter 1.16, which create administrative remedy options and augment the existing judicial remedies. At the conclusion of that discussion, staff will seek direction on the next steps. At this time, the second package, which consolidates existing nuisance violations into a new Title 6, is scheduled for distribution to council members on November 29 with discussion at the December 13 meeting. A public hearing to consider all of these amendments is scheduled for January 24, 2012. However, the hearing can be delayed if additional time for discussion is desired. The key elements of the proposed amendments to Chapter 1.16 - Civil Infractions are described below. ■ Restructuring the chapter into four articles The current chapter has forty -six sections but no articles. Articles are a convenient way to break long chapters into coherent pieces that contain topically related sections. In adding an administrative process to a chapter that already contained a judicial process, staff felt that utilizing articles improves the usability of the chapter and makes it easier to separate general regulations from process specific regulations. A Table of Contents for each article has also been added to assist with locating specific sections quickly. Article I - General Provisions covers regulations that apply to the entire chapter. The topics in Article I have been extensively expanded to cover regulations that were previously missing, such as warrants (1.16.110- 1.16.114) and liability (1.16 -065). Article I also includes the authority to use administrative rules (1.16.105) to implement specific aspects of the regulations. Finally, the definitions section in Article I has been expanded and the use of defined terms has been consistently applied throughout the chapter. Article II - Judicial Enforcement contains primarily existing language that has been updated and clarified. Portions of the existing text that should apply more broadly have been moved to either Article I or Article IV. Article III - Administrative Enforcement is primarily new and establishes the administrative options. Article IV - Penalties, Fees and Costs covers both penalties applied in the judicial process and fees applied in the administrative process. It also consolidates the regulations related to assessing, collecting and utilizing liens to apply them to both processes. General clean up. application of AP style. improvements to usability Throughout the chapter attention has been paid to modernizing language and consistent use of terms, especially defined terms. Care was also taken to break down some of the existing long, complex sentences and paragraphs into more easily understood elements. In general, the goal is to have only one regulation or process step per section, subsection, paragraph or subparagraph. This approach results in more pages of text but the clarity of the text is greatly enhanced. In addition, the chapter has been conformed to the newly adopted AP guidelines for punctuation. To the extent possible, renumbering has been avoided because of the need to locate and update cross references in other sections of the TMC. The notebook contains the following materials: Tab 1 — Proposed amendments to Chapter 1.16 formatted to show the final version of the language ( "clean "). This version includes "comment balloons" that explain the major changes. Tab 2 — Proposed amendments to Chapter 1.16 formatted to show the changes to the existing language (strike - through and underline font). This version also includes "comment balloons" that explain the major changes. Tab 3 — A Table of Changes showing a section by section summary comparison of the existing and proposed text with notes describing key changes. Tab 4 — Two examples of Administrative Rules that would implement specific regulations of Chapter 1.16. Tab 5 — Cross Reference Updates showing other TMC provisions that will need to be updated because of renumbering in Chapter 1.16. The "clean" version of the amendments allows review of the proposed text in its final form and will be most useful to the reader who wants to focus on the outcome without seeing the "in line" text changes. To aid in using this version, "comment balloons ", which give a very short summary of the changes made to the existing text, are included. The "strike- through /underline" version shows the existing text with "in line" changes that create the proposed text and includes the "comment balloons" as well. This version provides complete detail, such as format changes to renumber subsections and paragraphs and will be most useful to the reader who is interested in details and is comfortable reviewing text in a variety of font styles and colors. The Table of Changes may be helpful as an adjunct to the "clean" version for a reader who wants to check to see what might have changed in certain (or all) sections. The table can also be used to get an overall sense of the nature and quantity of the changes. The example administrative rules are intended to show how the rulemaking authority proposed in 1.16.105 is implemented for two sections, 1.16.120 and 1.16.640.A.2. These are provided to allow an assessment of the link between the authority being granted and the anticipated way it will be utilized. The final section simply shows the other sections of the TMC that will need to be amended due to renumbering and, while these changes will be required as part of the adopting ordinance, they are not really relevant to the core purposes of the Chapter 1.16 amendments. At the November 22 meeting, staff is seeking council's input on the proposed amendments but is not posing specific questions. Staff suggests that the council consider an article by article discussion of the materials. At the conclusion of the discussion, staff will ask the following two questions of the council: 1) Does the City Council wish to schedule additional time for discussion of the proposed amendments to Chapter 1.16? 2) Does the City Council wish to receive the second package of amendments, which create a new Title 6, on November 29, 2011? When the second package is distributed it will include tabs and a cover memo similar to this one. Council members will easily be able to add the new materials to this notebook. If revised versions of the documents are provided during the review process, council members will be able to cross reference prior versions to track changes if desired. The project staff looks forward to council's discussion and feedback on this first package. . 7 ... c 2 CODE COMPLIANCE LIVABILITY AND "A PLACE TO CALL HOME" Proposed Changes to Tigard Municipal Code Chapter 1.16, Civil Infractions Title 6, Nuisance Violations Table of Contents November 22, 2011 1. Ch. 1.16 Proposed Text ( "clean ") 2. Ch. 1.16 Proposed Text (strike- through) 3. Ch. 1.16 Table of Changes 4. Ch. 1.16 Administrative Rules 5. Cross - Reference Updates December 13, 2011 6. Title 6 Proposed Text ( "clean ") 7. Title 6 Proposed Text (strike - through) 8. Title 6 Table of Changes 9. Title 6 Administrative Rules 10. Cross- Reference Updates 11. Title 7 - Revisions 12. Title 18 - Excerpts 1 Chapter 1.16 CIVIL INFRACTIONS. Sections: ARTICLE I. GENERAL PROVISIONS 1.16.010 Title for Provisions 3 1.16.020 Establishment and Purpose 3 1.16.030 Definitions 4 1.16.040 Use of Language 5 1.16.050 Reference to State Law 5 1.16.060 Culpability, Not Exclusive, Remedies Cumulative 5 1.16.065 Liability 5 1.16.070 Effect of This Chapter 6 1.16.080 Severability 6 1.16.090 Reports of Infractions 6 1.16.100 Assessment by Code Enforcement Officer 6 1.16.105 Administrative Rules 6 1.16.110 Warrants - Right of Entry 7 1.16.111 Warrants - Grounds for Issuance 7 1.16.112 Warrants - Procedure for Issuance 8 1.16.113 Warrants - Execution 8 1.16.114 Warrants - Disposal of Seized Property 8 1.16.115 Voluntary Compliance Agreement 8 1.16.120 Notice - Notice of Violation and Letter of Complaint. 9 1.16.140 Time to Abate Infraction After Notice 9 1.16.150 Immediate Remedial Action Required When 9 ARTICLE II. JUDICIAL ENFORCEMENT 1.16.160 Notice - Methods of Service 10 1.16.170 Notice - Computation of Time Period 11 1.16.180 Notice - Information 11 1.16.190 Failure to Respond to Notice 11 1.16.210 Civil Infraction Summons and Complaint - Timing 11 1.16.220 Civil Infraction Summons and Complaint - Process Requirements 12 1.16.230 Civil Infraction Summons and Complaint - Service - Failure to Receive - Default 13 1.16.240 Civil Infraction Summons and Complaint - Respondent's Response Required 13 1.16.250 No Right to Jury 14 1.16.260 Representation by Counsel 14 1.16.270 Opportunity to be Heard - Cross - Examination 14 1.16.280 Witnesses 14 1.16.290 Hearing - Admissible Evidence 14 1.16.295 Burden of Proof 14 1.16.300 Hearing - Decision by Hearings Officer 15 1.16.310 Order to Abate - Judicial 15 1.16.320 Hearing - Records 15 1.16.330 Finality of Decision - Appeals 15 1.16.340 Remedial Action by the City - Summary Abatement 15 1.16.350 Default Judgment 15 1 16 CouncilStrikeThru_11- 4- 11_SL-cf 1 -16 -1 SE Update: 6/09 2 ARTICLE III. ADMINISTRATIVE ENFORCEMENT 1.16.400 Order to Abate - Administrative 16 1.16.410 Abatement by the Responsible Party 17 1.16.420 Order to Abate - Administrative - Appeal Process 17 1.16.430 Abatement by the City 17 1.16.440 Judicial Review 18 ARTICLE IV. PENALTIES, FEES AND COSTS 1.16.600 Continuous Infractions 18 1.16.610 Failure to Comply With Judgment Order, Order to Abate or Notice of Assessment 18 1.16.620 Penalties, Fees and Costs - Payment 18 1.16.630 Penalties and Fees - Classifications 18 1.16.640 Penalties and Fees - Amounts to be Assessed 19 1.16.650 Penalties and Fees - Repeat Violations 19 1.16.660 Penalties and Fees - Prior to First Appearance in Court 19 1.16.670 Delinquent Civil Penalties, Fees and Costs 19 1.16.680 Penalties, Fees and Costs - Assessment 19 1.16.690 Administrative Fees and Costs - Notice of Assessment 20 1.16.700 Administrative Fees and Costs - Notice of Objection and Hearing 20 1.16.710 Penalties, Fees and Costs - Collection, Lien Filing and Docketing 20 1 16 _CouncilStrikeThru_11- 4- 11_SL -cf 1 -16 -2 SE Update: 6/09 I 3 ARTICLE I. GENERAL PROVISIONS 1.16.010 Title for Provisions 1.16.020 Establishment and Purpose 1.16.030 Definitions 1.16.040 Use of Language 1.16.050 Reference to State Law 1.16.060 Culpability, Not Exclusive, Remedies Cumulative 1.16.065 Liability 1.16.070 Effect of This Chapter 1.16.080 Severability 1.16.090 Reports of Infractions 1.16.100 Assessment by Code Enforcement Officer 1.16.105 Administrative Rules 1.16.110 Warrants - Right of Entry 1.16.111 Warrants - Grounds for Issuance 1.16.112 Warrants - Procedures for Issuance 1.16.113 Warrants - Execution 1.16.114 Warrants - Disposal of Seized Property 1.16.115 Voluntary Compliance Agreement 1.16.120 Notice - Notice of Violation and Letter of Complaint 1.16.140 Time to Abate Infraction After Notice 1.16.150 Immediate Remedial Action Required When ARTICLE I. GENERAL PROVISIONS infractions procedures are intended to be used 1 for all violations of the TMC other than certain comment [nu: 1.16.010. Existing text. 1.16.010 Title for Provisions violations of Title 7 and Title 10. The ordinance codified in this chapter C. The civil infractions abatement shall be known as the "civil infractions procedures established herein are for the purpose ordinance," and may also be referred to herein as of authorizing the city to proceed to abate such "this chapter." (Ord. 86 -20 §1(Exhibit A(1)), infractions: 1986). 1. if it is determined that Establishment and Purpose the infraction presents an immediate danger to Comment [SL2]: 1.16.020. Existing text, the public health, safety or welfare; or modified to add administrative processes. A. The purpose of this chapter is to establish civil procedures for the enforcement of if it is determined that certain provisions of the Tigard Municipal Code the property owner or responsible person is (TMC). incapable of or unwilling to abate the infraction within a timeline satisfactory to the city.) Comment [a4]: t.16.020.C.2. Added to provide B. The scedures for the judicial for administrative abatement. enforcement pr... d the administrative D. This chapter is adopted pursuant enforcement prod;'. established herein are for to the home rule powers granted the City of Comment [SL3]: t.16.020.B. Modified to allow the purpose of decriminalizing penalties for Tigard by Article IV, Section 1 and Article XI, for both judicial and administrative abatement infractions of certain civil ordinances and for the Section 2 of the Oregon Constitution; Oregon purpose of providing a convenient and practical Revised Statutes 30.315 and Sections 4 and 21 forum for the hearing and determination of cases of the Charter of the City of Tigard. (Ord. 02- arising out of such infractions. The civil 27, Ord. 86 -20 §1(Exhibit A(2)), 1986). 1 16_ CouncilStrikeThni_11- 4- 11_SL -cf 1 -16 -3 SE Update: 6/09 4 1.16.030 Definitions) designated by the director of community • Is t +30. Modified and development or the city manager to enforce the , . • su ' _ additions for clarity and For the purposes of this chapter, the provisions of this chapter. For enforcement of ton following definitions shall apply: Chapters 10.16 through 10.32, Section 6.02.060 and Chapter 7.60, "code enforcement office?' A. means to restore a also includes community service officers of the Comment [a6]: 1.16,030.A. From 7.40.125, property to its condition prior to the infraction, police department Modified to add graffiti. or similar condition that is free of the subject infractions. In the case of graffiti, "abate" G. `Finance officer" means the ( Comment [a13]: 1.16.0300 New means to remove graffiti from the public view. senior financial officer of the city or the designee of the senior financial officer. B. `City manager means the city Comment [a7]: 1.16.030.B. From 7.40.150 and manager or any other city employee designated H. `Letter of Complaint" means a 7.61.010. by the city manager. letter of notification to a responsible party that (Comment [a14]: 1.16.030.H. New the city has received a complaint indicating that C. `Civil infraction" or a violation f exist on the party's property. "infraction' means: Comment [a8]: 1.16.030.C. From existing I. Notice of Assessment" means 1.16.030 1. the failure to comply a formal letter or form notifying a respondent or [ Comment [a15]: 1.16.030.1. New J with a provision of this code other than certain recipient that an administrative fee, provisions of Title 7 and Title 10 and administrative costs or costs of abatement have been assessed against them or against property 2. the process of imposing in which they hold an interest. a civil penalty under this chapter. J. `Notice of Violation" means a ( Comment [a16]: I.16.030J. New References to "uniform infraction" formal letter or form notifying a responsible throughout the code other than in certain party that the city has probable cause to believe provisions of Title 7 and Title 10 shall be that a violation has been found to exist on the deemed to be references to "civil infraction." party's property. (Ord. 07 -03, Ord. 05 -08, Ord. 02 -27, Ord. 86 -20 § 1(Exhibit A(4)), 1986). K. `Order to Abate' j means an [ Comment [a17]: 1.16.030.K. New order to a respondent or responsible party to D. P`Civi1 infractions hearings abate an infraction from the municipal court as officer" means the municipal judge or the provided in Article 11, or from the code Comment [a9]: 1.16.030.D. From existing individual appointed by the municipal judge enforcement officer as provided in Article III. , 1.16.030 with the delegated authority to preside over the code enforcement hearings and to perform the L. means an individual [ Comment [a18]: I.16.030.L. New related functions as specified by this chapter. human being and may also refer to a firm, corporation, unincorporated association, E. means any expenses partnership, limited liability company, trust, Comment [a10]: 1.16.030.E. From 7.61.010, incurred and charges associated with any action estate or any other legal entity. Modified for clarity. taken by the city under this chapter including but not limited to the cost to the public of the staff M. 1``Recipienti means a person ( Comment [a19]: 1.16.030.M. New time invested and, regarding items confiscated who has received a Letter of Complaint under for violation of Oections 6.03.010 and 6.03.020, the administrative process. Comment [all]: These sections deal with all expenses incurred and charges associated confiscation of signs and other materials illegally placed or abandoned in the right of way. The text is with the removal, storage, detention, processing, N. titespon. =_ means a person currently found at 7.61.015 and 7.61.020. disposition and maintenance thereof. charged with a civil infraction. A respondent Comment [020]: 1.16.030N. From existing will have received a Notice of Violation or a 1.16. 030, Modified to add administrative process. F. `Code enforcement officer" summons and complaint as provided in Article H Comment [a12]: 1.16.030.F. From original means the individual or individuals appointed or or an Order to Abate as provided in Article III. 1.16.030 116 _ CouncilStrikeThru_11- 4- 11_SL -cf 1 -16 -4 SE Update: 6/09 5 0. `Responsible party' means any Any reference to a state statute Comment [all]: 1.16.030.0. From 7.40.020, one of the following: incorporates into this chapter by reference the 7.40.125, and 7.61.010. statute in effect on the effective date of the 1. an owner, ordinance codified in this chapter. (Ord. 86 -20 §1 (Exhibit A(11)), 1986). 2. an entity or person acting as an agent for an owner by agreement 11.10 Culpability, Na Exclusive that has authority over the property, is Remedies Cumulative, Comment [51261: 1.16.060. Existing text, responsible for the property's maintenance or expanded for clarity and to encompass administrative process management, or is responsible for curing or A. Acts or omissions to act which abating an infraction, are designated as an infraction by any city ordinance do not require a culpable mental state 3. any person occupying as an element of the infraction. the property, including bailee, lessee, tenant or other having possession or B. The procedures prescribed by this chapter shall be the exclusive procedures for 4. the person who is imposing civil penalties; however, this section alleged to have committed the acts or omissions, shall not be read to prohibit in any way created or allowed the condition to exist, or alternative remedies set out in the Tigard placed the object or allowed the object to exist Municipal Code which are intended to abate or on the property. alleviate code infractions, nor shall the city be prevented from recovering, in any manner There may be more than one responsible prescribed by law, any costs incurred by it in party for a particular property or infraction. abating or removing ordinance infractions pursuant to any code provision. (Ord. 86 -20 P. means failure to § 1(Exhibit A(3)), 1986). Comment [a22]: 1.16.0303'. From existing comply with a requirement imposed directly or 1.16.030 indirectly by this code. "Violation" may also M. The remedies and procedures [ Comment [SL27]: 1.16.060.C. Added for clarity mean civil infraction, except as used in those for abatement of civil infractions provided in portions of Chapter 7 and of Chapter 10 that do this chapter are in addition to all other remedies not use the civil infraction procedure. and procedures provided by law. Nothing in this chapter shall limit or restrict in any way the Q. `Voluntary Compliance city's right to obtain abatement by means of a Agreement' means an agreement, whether civil infraction, judicial action, an administrative Comment [a23]: 1.16.030.Q. From existing written or verbal, between the city and the enforcement action, a criminal action, a civil 1.16.030 recipient or respondent, which is intended to lawsuit or any other form of procedure to obtain resolve the alleged civil infraction, abatement. A116.040 Use of Language ( Comment [SL24]: 1.16.040. Existing text Comment [SL28]: 1.16.065. New section added As used in this chapter, pronouns A. The city shall not be liable to for clarity indicating the masculine gender shall include the any person for any loss or injury to person or feminine gender; singular pronouns shall include property growing out of any casualty or incident the plural; and "person" shall, where happening to such person or property on account appropriate, include any partnership, of a property owner, lessee or occupant of corporation, unincorporated association, the property who fails or neglects to promptly State of Oregon or other entity. (Ord. 86 -20 comply with the duties imposed by this section. §1(Exhibit A(14)), 1986). B. The city shall be exempt from 11.16.Q50. Reference to State Law all liability, including but not limited to ( Comment [5125]: 1.16.050. Existing text common -law liability that it might otherwise 1 16_CouncilStrikeThru_1 1-4-1 1_SL-cf 1 -16 -5 SE Update: 6/09 6 incur to an injured party as a result of the city's violation of this code, the code enforcement negligent failure to abate an infraction. officer shall review the facts and circumstances surrounding the alleged infraction and if he or C. If any property owner, lessee or she deems it appropriate will proceed with occupant, by his or her failure or neglect to appropriate enforcement actions. perform any duty required of him or her by the terms of this section, contributes in causing B. The code enforcement officer injury or damages, they shall reimburse the city shall not proceed further with the matter if the for all damages or injury it has sustained or has officer determines that there is not sufficient been compelled to pay in such case, including evidence to support the allegation, or if the but not limited to reasonable attorney fees for officer determines that it is not in the best the defense of the same, and such payments as interest of the city to proceed. (Ord. 02 -27, Ord. may be enforced in any court having 86-20 §1(Exhibit A(5XB)), 1986). jurisdiction. '1.16.105 Administrative RAI Comment [SL33]: 1.16.105. Added to authorize 1.16.070 Effect of This Chapter, administrative rules per 2.04. See draft example administrative rules under 4 tab. The city manager is authorized to draft A. Citations or complaints issued and adopt administrative rules to define ( Comment [SL29]: 1.16.070. Existing text. and filed with the municipal court prior to the procedures to work with respondents or effective date of the ordinance codified in this recipients toward the abatement of civil chapter shall be processed in accordance with infractions. Any such administrative rules and the provisions in effect at the time the complaint regulations shall be adopted pursuant to the was issued. provisions of Chapter 2.04, be consistent with this chapter and shall include the following: B. Nothing in this chapter shall be construed as a waiver of any prior assessment, A. specific form documents or bail or fine ordered by the municipal court. templates for all written communications (Ord. 86 -20 §1(Exhibit A (12)), 1986). referenced in this chapter to ensure that communications from the city are uniform, 1.16.080 Severability including a: Comment [SL301: 1.16.080. Existing text The provisions of this chapter are 1. Letter of Complaint severable. If any section, sentence, clause or phrase of this chapter is adjudged to be invalid 2. Notice of Violation by a court of competent jurisdiction, that decision shall not affect the validity of the 3. Order to Abate remaining portions of the chapter. (Ord. 86 -20 §1(Exhibit A(13)), 1986). 4. Notice of Assessment 1.16.090 Reports of Infractions" B. procedures for the preparation, ( Comment [SL31]: 1.16.090. Existing text. execution, delivery, and posting of notices of a: All reports or complaints of infractions covered by this chapter shall be made or referred 1. Letter of Complaint to an authorized code enforcement officer. (Ord. 2. Notice of Violation 02 -27, Ord. 86 -20 §1(Exhibit A(5)(A), 1986). 3. Order to Abate 1.16.100 Assessment by Code Enforcement Officer 4. Notice of Assessment Comment [SL32]: 1.16.100. Title and text modified for clarity. A. Upon receiving a report or C. procedures for review by the complaint or otherwise becoming aware of a civil infractions hearing officer to consider 1 16_CouncilStrikeThru_11 -4 -1 1_SL -cf 1 -16 -6 SE Update: 6/09 7 protest by a responsible party of an 1.16.111 Warrants - Grounds for administrative Order to Abate consistent with Issuance Comment [SL35]: 1.16.1 1 1. New section, added Section 1.16.420. to codify warrant procedures. Approved by city A. A warrant for inspection, attorney. D. procedures for determination of investigation, removal or abatement purposes the time . allowed to abate an infraction or shall only be issued upon cause, supported by otherwise respond as provided in a: affidavit, particularly describing: 1. Letter of Complaint 1. the applicant's status in applying for the warrant; 2. Notice of Violation 2. the statute, ordinance or 3. Order to Abate regulation requiring or authorizing the inspection or investigation or the removal and E. procedures for the calculation of abatement of the violation; administrative fees. 3. the building or property F. standards for confidential or to be inspected, investigated or entered; anonymous reporting and circumstances in which such reporting is allowed. 4. the purpose for which the inspection, investigation, removal or ; 1.16.110 Warrants - Right of Entry abatement is to be made; Comment [5134]: 1.16.110. New section, added to codify warrant procedures. Approved by city A. The city manager or designee 5. the basis upon which attorney. may enter property, including the interior of cause exists to inspect, investigate, remove or structures, at all reasonable times whenever an abate the violation; and inspection is necessary to enforce any regulations of this code, or whenever the city 6. in the case of removal manager or designee has reasonable cause to or abatement, a statement of the general types believe that there exists in any structure or upon and estimated quantity of the items to be any property any condition which constitutes a removed or conditions abated. violation of provisions of this code. B. Cause shall be deemed to exist B. In the case of entry into areas of t property that are plainly enclosed to create privacy and prevent access by unauthorized 1. reasonable legislative or persons, the following steps shall be taken. administrative standards for conducting a routine, periodic, or area inspection or for 1. The code enforcement removing and abating violations are satisfied officer shall first make a reasonable attempt to with respect to any building or upon any locate the owner or other persons having charge property, or or control of the property, present proper 2• an investigation is credentials and request entry. reasonably believed to be necessary in order to discover or verify the condition of the property 2. If entry is refused or if for conformity with regulations, or the owner or other persons having charge or control of the property cannot be located, the 3. there is cause to believe code enforcement officer may attempt to obtain that a violation exists for which removal or entry by obtaining a warrant. abatement is required or authorized by this chapter. 1 16 _CouncilStrikeThru_11- 4- 11_SL -cf 1 -16 -7 SE Update: 6/09 8 1.16.112 Warrants - Procedure for purpose to an occupant or person in possession Issuance of the property designated in the warrant and Comment [5136]: 1.16.112. New section, added show the occupant or person in possession of the to codify warrant procedures. Approved by city A. Before issuing a warrant, the property the warrant or a copy thereof upon attomey. judge may examine the applicant and any other request. witness under oath and shall be satisfied of the existence of grounds for granting such B. In executing a warrant on application. unoccupied property, the person authorized to execute the warrant need not inform anyone of B. If the judge is satisfied that the person's authority and purpose, as prescribed cause for the inspection, investigation, removal in subsection A above, but may promptly enter or abatement of any infraction exists and that the the designated property if it is at the time other requirements for granting the application unoccupied or not in the possession of any are satisfied, the judge shall issue the warrant, person or at the time reasonably believed to be particularly describing: in such condition. In such case a copy of the warrant shall be conspicuously posted on the 1. the person or persons property. authorized to execute the warrant, C. A warrant must be executed 2. the property to be within 10 working days of its issue and returned entered, and to the judge by whom it was issued within 10 working days from its date of execution. After 3. the purpose of the the expiration of the time prescribed by this inspection or investigation or a statement of the subsection, the warrant unless executed is void. general types and estimated quantity of the items to be removed or conditions abated. 1.16.114 Warrants - Disposal of Seized Property Comment [51381: 1.16.114. New section, added C. The warrant shall contain a to codify warrant procedures. Approved by city direction that it be executed on any day of the The city manager or designee may cause attorney. week between the hours of 8:00 a.m. and 6:00 any items removed pursuant to an abatement p.m., or where the judge has specifically warrant to be disposed of in an approved manner determined, upon a showing that it cannot be whenever the city manager or designee, in his or effectively executed between those hours, that it her sole discretion, finds that the fair and be executed at any additional or other time of the reasonable value of the items at resale would be day or night. less than the cost of storing and selling the items. In making the above determination, the D. In issuing a warrant, the judge city manager or designee may include in the may authorize any peace officer, as defined in costs of sale the reasonable cost of removing the Oregon Revised Statutes, to enter the described items to a place of storage, of storing the items property to remove any person or obstacle and to for resale, of holding the resale including assist the representative of the city in any way reasonable staff allowances and all other necessary to enter the property and complete the reasonable and necessary costs of holding the investigation or remove and abate the infraction. sale. 11.16.113 Warrants - Executions 1.16.115 Voluntary Compliance Comment [5137]: 1.16.113. New section, added Agreement to codify warrant procedures. Approved by city A. In executing a warrant on attorney. occupied property the person authorized to A. The code enforcement officer Comment [5139]: 1.16.115. Existing text moved to Article 1 from current 1.16.200 with minor execute the warrant shall, before entry into the may, at any time prior to a first appearance in revisions. Applies to both judicial and occupied premises, make a reasonable effort to court, enter into a Voluntary Compliance administrative processes. present the person's credentials, authority and Agreement with a respondent or recipient. The 1 16_CouncilStrikeThru_11 -4- 11_SL -cf 1 -16 -8 SE Update: 6/09 9 agreement shall include the time allowed to requirement for a Notice of Violation. A Notice abate the infraction and shall be binding on the of Violation is not required before a summons respondent or recipient. and complaint is issued. The use of a Notice of Violation is at the sole discretion of the code B. The fact that a person alleged to enforcement officer. have committed a civil infraction enters into a Voluntary Compliance Agreement shall not be C. Under the - administrative considered an admission of having committed enforcement process set forth in Article III, a the infraction for any purpose. Letter of Complaint may be mailed to any responsible party for the property containing the C. The city shall suspend further alleged civil infraction. Verification of the processing of the alleged infraction during the violation is not a requirement for issuing a Letter time allowed in the Voluntary Compliance of Complaint but the issuance of a Letter of Agreement for the completion of the necessary Complaint is a required first step in the corrective action. The city shall take no further administrative process. (Ord. 02 -27, Ord. 86 -20 action concerning the alleged violation if all §1(Exhibit A(5)(C)(2)), 1986). terms of the Voluntary Compliance Agreement _ Comment (a41]: 1.16.130. Section repealed and are satisfied, other than steps necessary to 1.16140itne to Abate Infraction deleted. Number not reassigned. terminate the enforcement action. After Notice Comment [SL42]: 1.16.140. Retitled and expanded to include Voluntary Compliance Agreement and administrative process D. Failure to comply with any term A. If a Notice of Violation or a of a signed Voluntary Compliance Agreement Letter of Complaint is given to a recipient or constitutes an additional and separate infraction respondent pursuant to this chapter, the code which shall be handled in accordance with the enforcement officer shall give the recipient or procedures established by this chapter. After the respondent a reasonable time to cure or abate the Voluntary Compliance Agreement has been alleged infraction after the notice is given. signed no further notice need be given before a civil infraction summons and complaint based B. The time allowed shall not be on this infraction is issued. The city may also less than 24 hours for a Notice of Violation or proceed on the alleged infraction that gave rise five days for a Letter of Complaint, nor more to the Voluntary Compliance Agreement. (Ord. than 30 days except in cases where compliance 02 -27, Ord. 86 -20 §1(Exhibit A(5)(C)(10)), is voluntary and the code enforcement officer 1986). deems it appropriate to enter into a Voluntary Compliance Agreement with the owner or the 1 1.16.120 Notice - Notice of Violation responsible party. glid Letter of Complaint Comment (SL40]: 1.16.120. Retitled and C. The code enforcement officer significantly modified to incorporate both the A. Upon receiving a report or may grant additional time to the respondent if, in judicial and administrative processes. complaint or otherwise becoming aware of a the officer's judgment, compliance within the violation of this code, the code enforcement 30-day timeline would constitute a significant officer may cause a notice of the alleged civil hardship to the respondent or other significant infraction to be given to any responsible party mitigating circumstances exist. (Ord. 02 -27, for the property containing the alleged Ord. 86 -20 §1(Exhibit A(5)(C)(4)), 1986). infraction. 1.16.150 1m m ed i a te Abatement Action B. Under the judicial enforcement Required Wl Comment [5143]: 1.16.150. Retitled. existing process set forth in Article II, a Notice of text for Subsections A and B. Violation for the alleged civil infraction may be A. Notwithstanding the abatement given to the responsible party before a civil time periods contained in Section 1.16.140, if infraction summons and complaint is issued for the code enforcement officer determines that the an infraction. Verification of the violation is a alleged infraction presents an immediate danger 1 16 _CouncilStrikeThru_11- 4- 11_SL -cf 1 -16 -9 SE Update: 6/09 10 to the public health, safety or welfare, or that any continuance of the violation would allow the In the case of an immediate recipient or respondent to profit from the danger to the public health, safety or welfare violation or would otherwise be offensive to the determined under subsection A, the city may public at large the officer may require immediate abate the infraction and charge the abatement remedial action. cost back to the respondent, after obtaining a warrant to enter the property and abate the B. If, in such cases, the code infraction. If the immediate danger constitutes enforcement officer is unable to serve a Notice an emergency threatening immediate death or of Violation or Letter of Complaint on the physical injury to persons, the city may abate the recipient or respondent or, if after such service infraction without obtaining a warrant if the the recipient or respondent refuses or is unable delay associated with obtaining the warrant to remedy the infraction, the city may proceed to would result in increased risk of death or injury, remedy the infraction as provided in subsection and may charge the abatement costs back to the C below. (Ord. 02 -27, Ord. 86 -20 § 1(Exhibit respondent. ( Comment [a441: 1.16.150.0 moved from current A(5)(C)(5)), 1986). l 1.16.340 to apply in all circumstances. ARTICLE II. JUDICIAL ENFORCEMENT 1.16.160 Notice - Methods of Service 1.16.170 Notice - Computation of Time Period 1.16.180 Notice - Information 1.16.190 Failure to Respond to Notice 1.16.200 Voluntary Compliance Agreement 1.16.210 Civil Infraction Summons and Complaint - Timing 1.16.220 Civil Infraction Summons and Complaint - Process Requirements 1.16.230 Civil Infraction Summons and Complaint - Service - Failure to Receive - Default 1.16.240 Civil Infraction Summons and Complaint - Respondent's Response Required 1.16.250 No Right to Jury 1.16.260 Representation by Counsel 1.16.270 Opportunity to be Heard - Cross - Examination 1.16.280 Witnesses 1.16.290 Hearing - Admissible Evidence 1.16.295 Burden of Proof 1.16.300 Hearing - Decision by Hearings Officer 1.16.310 Order to Abate - Judicial 1.16.320 Hearing - Records 1.16.330 Finality of Decision - Appeals. 1.16.340 Remedial Action by City - Summary Abatement 1.16.350 Default Judgment ARTICLE II. JUDICIAL A. a Notice of Violation may be ENFORCEMENT given to the respondent in person by the code enforcement officer. 1 1.16.160 Notice - Methods of Service Comment [St.45I: 1.16.160. Retitled and B. a Notice of Violation may be modified to clarify the Notice of Violation. process If a Notice of Violation is given to a given by a telephone call to the respondent. If respondent pursuant to this chapter, service of notice is given in this manner, the respondent such notice may be made as follows: may be given, at the code enforcement officer's discretion, a Notice of Violation by 1 16_CouncilStrikeThru_ 1- 4- 11_SL -cf 1 -16 -10 SE Update: 6/09 11 first class mail sent to his last known address 1. a description or as soon as possible after the initial notice by identification of the activity or condition telephone. constituting the alleged infraction, and the identification of the recipient as the C. a Notice of Violation may be respondent; given by mailing to the respondent at his last known address. 2. a statement that the code enforcement officer has determined the D. a Notice of Violation may be activity or condition to be an infraction; given by affixing to the main door of the property or premises. If notice is given in this 3. a statement of the manner, the code enforcement officer may, at action required to abate the alleged infraction his or her discretion, also provide the and the time and date by which abatement respondent with a Notice of Violation by mail must be completed unless a Voluntary sent to the respondent's last known address as Compliance Agreement is executed; soon as possible after the initial notice by posting. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit 4. a statement advising A(5XCX6)), 1986). the respondent that if the required abatement is not completed within the time specified and 6.170 Notice - Computation of the respondent has not entered into a Time Period Voluntary Compliance Agreement, a civil Comment (SL46]: 1.16.170. Existing text with infraction summons and complaint will be minor modification for clarity. A. Where the Notice of issued and civil penalties for the particular Violation is delivered in person or by infraction may be imposed. telephone the time period to abate the infraction shall begin immediately upon such B. At the discretion of the code delivery. enforcement officer the Notice of Violation may include an invitation to contact the B. Where the Notice of code enforcement officer to discuss any Violation is mailed to the respondent, notice questions the respondent may have about the to abate the infraction shall be considered alleged violation, the requirements for complete three days after such mailing, if the compliance and any possibility of entering address to which it is mailed is within the into a Voluntary Compliance Agreement. state, and seven days after mailing if the (Ord. 02 -27, Ord. 86 -20 §1(Exhibit address to which it is mailed is outside the A(5XCX8)), 1986). state. C. Where the Notice of Comment [51.48]: 1.16.190. Existing text with Violation is affixed to the main door of the minor modification for clarity. property or premises, for purposes of If notice is given, and the respondent computing the time period to abate the either receives or rejects the Notice of infraction, notice shall be considered Violation and fails to abate the alleged complete three days after such affixation. infraction within the time specified in the (Ord. 02 -27, Ord. 86-20 §1(Exhibit Notice of Violation, the code enforcement A(5)(C)(7)), 1986). officer may serve the respondent with a civil infraction summons and complaint. (Ord. 02- 1.16.180 Notice - Inforniatiot 27, Ord. 86-20 §1(Exhibit A(5XCX9)), 1986). ( Comment [51.47]: 1.16.180. Existing text with minor modification for clarity. A. The following information 1.16.210 Civil Infraction Sum ( Comment [SL49]: 1.16.200. Mov ed to 1.16.1 15 shall be included in the Notice of Violation if and Complaint - Timin Comment [SL50]: 1.16.210. Existing text with one is given: minor modification for clarity 116 _CotmcilStrikeThru_11- 4- 11_SL -cf 1 - 16 - 1I SE Update: 6/09 12 A civil infraction summons and which the infraction was observed; complaint may be served on the respondent: 4. a file or reference A. immediately upon discovery number; of the infraction; 5. the date the civil B. where a Notice of Violation is infraction summons and complaint was given and the response period in the violation issued; notification has expired; or 6. the name of the code C. where a Voluntary enforcement officer issuing the citation; Compliance Agreement has been executed, whether verbal or written, when the period for 7. the time, date and compliance has expired and the infraction has location at which the respondent is to appear not been abated. (Ord. 02 -27, Ord. 86 -20 in court; §1(Exhibit A(5)(D)(1)), 1986) . 8. a notice that a 1.16.220 Civil Infraction Summons complaint based on the violation will be filed and Complaint - Process with the court; Requirements Comment [SL51]: 1.16.220. Existing text with 9. the amount of the minor modification for clarity. A. The physical form taken by a maximum civil penalty for the infraction; civil infraction summons and complaint is not material. What is material is the substance, 10. an explanation of the the information contained therein. The city respondent's obligation to appear at the may utilize various physical formats for the hearing and that a monetary judgment may be summons and complaint. The state uniform entered for up to the maximum civil penalties citation may be used. Any form prepared by if the respondent fails to make all required the city should normally contain or solicit the court appearances; following information, but no complaint or summons shall be considered invalid for 11. a space wherein the failure to comply with these rules, so long as respondent may admit having committed the the basic information regarding the infraction alleged infraction; and the court date is included. 12. the time period for B. The civil infractions returning the form to the court; summons and complaint shall contain the following information: 13. a notice that, if the respondent admits having committed the 1. the name and address infraction as charged, payment, in the amount of the respondent; shown on the summons and complaint or as agreed with the code enforcement officer 2. a description of the pursuant to 1.16.660 of this chapter, as may infraction that can be understood by a person be appropriate, must accompany the making a reasonable effort to do so; admission; and 3. the date, time and 14. a form of verification place at which the infraction is alleged to have that the person signing the complaint swears been committed. If the infraction is alleged to that the person has reasonable grounds to be ongoing, the civil infractions summons and believe, and does so believe, that the complaint shall so state and shall list a date on respondent committed the alleged infraction. 1 16_CouncilStrikeThru_l 1- 4- 11_SL -cf 1 -16-12 SE Update: 6/09 13 (Ord. 02 -27, Ord. 86-41 § §1 - 4, 1986; Ord. F. Service on particular 86 -35 §§1 - 4, 1986; Ord. 86 -20 §1(Exhibit respondents, such as minors, incapacitated A(5)(D)(2)), 1986). persons, corporations, limited partnerships, the state, other public bodies and general 11.16.230 Civil Infraction Summons partnerships shall be as prescribed for the and Complaint - Service - service of a civil summons and complaint by Failure To Receive - Default the Oregon Rules of Civil Procedure. Comment [SL52]: 1.16.230. Existing text with minor modification for clarity A. Service of the civil infraction G. No default shall be entered summons and complaint may be made by: against any respondent without proof that the respondent had notice of the civil infraction 1. personal service on summons and complaint. A sworn affidavit the respondent or an agent for the respondent, of the code enforcement officer outlining the method of service, including the date, time 2. substitute service at and place of service shall create a rebuttable the respondent's dwelling or office, presumption that the respondent had such notice. (Ord. 02 -27, Ord. 89 -21 §1, 1989: 3. affixing to the main Ord. 86-20 §1(Exhibit A(5)(D)(3)), 1986). door of the property or premises, or by !1.16.240 Civil Infractions Summons 4. certified mail, return and Complaint - receipt requested, to the respondent at his last Respondent's Response known address. Required Comment [S1.53]: 1.16.240. Existing text with minor modification for clarity. B. In the event of substitute A. A respondent served with a service at the respondent's dwelling, the civil infraction summons and complaint shall person served must be at least 14 years of age respond to the complaint by personally and residing in the respondent's place of appearing at the scheduled first appearance in abode. court or by making a written response by mail or personal delivery to the court. C. Service at the respondent's office must be made during regular business B. If the respondent admits the hours. Substitute service at the respondent's infraction, the respondent may so indicate on office must be made to the person who is the summons and forward the form to the apparently in charge. court. Payment in the amount of the civil penalty for the infraction, as shown on the D. If substitute service is used a summons or as agreed with the code true copy of the summons and complaint, enforcement officer pursuant to section together with a statement of the date, time and 1.16.660 of this chapter shall be submitted place at which service was made, must be with the response. An appropriate findings mailed to the respondent at the respondent's shall be entered in the records of the civil last known address. Service will be infraction hearings officer indicating the considered complete upon such a mailing. receipt of the civil penalty. E. Service by any other method C. If the respondent does not reasonably calculated, under all the admit the infraction, the respondent must circumstances, to apprise the respondent of appear at the scheduled first appearance in the existence and pendency of the infraction court. and to afford a reasonable opportunity to respond shall be acceptable. 1. At the first appearance, the respondent may deny the 1 16_ CouncilStrikeTh>u_11- 4- 11_SL -cf 1 -16 -13 SE Update: 6/09 14 infraction and request a hearing, admit the 1.16.280 Witnesses Comment [SL57]: 1.16.280. Existing text j infraction, or not contest the infraction. A. The respondent may request 2. If the respondent that witnesses be ordered by subpoena to either admits or does not contest the infraction appear at the hearing. The respondent shall the respondent shall be given the opportunity make such request in writing to the court at to provide a statement. Based on the least five days prior to the scheduled hearing. statement provided by the respondent and any additional information provided by the code B. Subject to the same five -day enforcement officer, the civil infractions limitation, the code enforcement officer, the hearings officer shall impose a civil penalty citizen who signed the complaint or the city not to exceed the maximum civil penalty attorney, as appropriate, may also request in allowed for the infraction. writing that the court order certain witnesses to appear by subpoena. 3. If the respondent requests a hearing, a hearing shall be C. If a civil penalty is declared scheduled. (Ord. 02 -27, Ord. 86-41 §5, 1986; in the final order, the order shall also provide Ord. 86 -35 §5, 1986; Ord. 86 -20 §1(Exhibit that the respondent shall pay any witness fees A(5)(E)), 1986). payable in connection with the hearing. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(5)(F)(4)), 1.16.250 No Right to Jury 1986). ( Comment [SL54]: 1.16.250. Existing text. Any hearing to determine whether an 7.16.290 Hearing - Admissible infraction has been committed shall be held Evidence comment [sLSS]: 1.16 290. Existing text with before the civil infraction hearings officer minor modification for clarity. without a jury. (Ord. 86 -20 §1(Exhibit A. The hearing shall be limited A(5)(F)(1)), 1986). to production of evidence only on the infraction alleged in the complaint. 1 1.16.260 Representation by Counsel ( Comment [SL55]: 1.16.260. Existing text j B. Oral evidence shall be taken The respondent may be represented only upon oath or affirmation administered by by legal counsel; however, legal counsel shall the civil infractions hearings officer. not be provided at public expense. Written notice shall be provided to the hearings officer C. Evidence shall be admitted if and code enforcement officer no later than it is of the type which responsible persons are five days prior to any appearance by legal accustomed to rely on in the conduct of counsel at an appearance or hearing. (Ord. serious affairs, regardless of the existence of 02 -27, Ord. 86 -20 §1(Exhibit A(5)(F)(2)), any common law or statutory rule which 1986). might render such evidence inadmissible in civil actions in courts of competent " Opportunity to be Heital jurisdiction in this state. Cross - Examination ( Comment [SL56]: 1.16.270. Existing text D. Irrelevant or unduly At a hearing a respondent shall have repetitious evidence shall be excluded. the right to present evidence and witnesses in Comment (a59]: Current 1.16.290.2 moved to the respondent's favor, to cross - examine any 1.16.295 Burden of Proof new Section 1.16.295 for clarity. witnesses who testify against the respondent, Comment [SL60]: 1.16.295. New section, and to submit rebuttal evidence. (Ord. 02 -27, The complainant or, if the city is the existing text extracted from 1.16.290 Ord. 86 -20 §1(Exhibit A(5)(F)(3)), 1986). complainant, the code enforcement officer, shall have the burden of proving the alleged civil infraction by a preponderance of the 1 16 _CouncilStrikeThru_11- 4- 11_SL -cf 1 -16 -14 SE Update: 6/09 15 evidence. (Ord. 86-20 §1(Exhibit A(5)(F)(5) recording of the hearing, accompanied by any and (6)), 1986). written documents, correspondence or physical evidence associated with the matter 1.16.300 Hearing - Decisimagi shall be sufficient to meet the requirements of Hearings Officer 1 this section. (Ord. 02 -27, Ord. 86 -20 ( Comment [5161]: 1.16.300. Existing text §1(Exhibit A(5)(F)(9)), 1986). A. The hearings officer shall determine if the respondent committed the 1 1.16.330 Finality of Decision - infraction as alleged in the complaint. Appeals ( Comment [SL66]: 1.16.330, Existing text i B. When the infraction has not The determination of the hearings been proven, a written order dismissing the officer shall be final. Review of the hearing complaint shall be entered in the court officer's determination shall be to the circuit records. court by writ of review, pursuant to Chapter 34 of the Oregon Revised Statutes. (Ord. 86- C. When the hearings officer 20 § 1(Exhibit A(5)(FX 10)),1986). fmds that the infraction was committed, written f i n d i n g s shall be p r e p a r e d which set 1.16.340 ' i emedial Action by the out sufficient information to substantiate the City - Summary Abatement ( Comment [SL67]: 1.16.340. Existing text with commission of the infraction. l minor modification for clarity. Subsections 2 — 6 relocated. See comments at those subsections Upon fmding that an infraction was D. Written orders, including committed, as determined by a fmal decision fmdings, shall be prepared within ten working of the hearings officer, the city may, after days of the oral decision. The court shall obtaining a warrant to enter the property and serve true copies of the hearings officer's abate the infraction, proceed to abate the findings, order and judgment on all parties, infraction and charge the abatement costs either personally or by mail. (Ord. 02 -27, back to the respondent pursuant to Ord. 89 -21 §2, 1989: Ord. 86 -20 §1(Exhibit 1.16.680.C. For the purposes of this A(5XF)(7)), 1986). subsection "a final decision of the hearings officer" means a fmal decision for which 1.16.310 Order to Abate - Judicia)I judicial review was not sought within the time Comment [a62]: 1.16.310. Current text moved allowed by law or a decision of the hearings from current 1.16.305. Retitled and modified to Upon a finding that the infraction was officer that was upheld by a fmal decision in address appeals process. committed by the respondent, the hearings Comment [a63]: 1.16.310. Current text moved Y Po g the judicial review and appeal process. to 1.16.680.A officer may issue an Order to Abate requiring the respondent to abate the ordinance —- Comment [a68]: 1.16.340.2. Text moved to P 1.16.350 Default 1.16.150.0. infraction within a specified time period . identified in the final order. Orders to Abate Subject to the limitations set forth in Cob m [a69]: 1.16.340.3. Text moved to issued under this section may only be Section 1.16.230, a default judgment shall be appealed pursuant to 1.16.330. (Ord. 89 -21 Comment [a70]: 1.16.340.4. Text moved to a PPe ( entered in an amount up to the maximum civil 1.16.680.C. §3, 1989) penalty applicable to the charged infraction if Comment [a71]: 1.16.350.5. Text moved to the respondent fails to appear at the scheduled 1.16.690.0 4.16.320 Hearing - Records I hearing. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit .- Comment [a72]: 1.16.340.6. Text moved to A(7)), 1986). 1.16.710.C. The court shall maintain a record of Comment [S173]: 1.16.350. Existing text with the hearing proceedings. A mechanical minor modification for clarity Comment [a64]: 1.16.310. Proposed text was moved from 1.16.305 and modified. ( Comment [SL65]: 1.16.320. Existing text i 1 16_ CouncilStrikeThru_11- 4- 11_SL-cf 1 -16-15 SE Update: 6/09 I 16 ARTICLE III. ADMINISTRATIVE ENFORCEMENT 1.16.400 Order to Abate - Administrative 1.16.410 Abatement by the Responsible Party 1.16.420 Order to Abate - Administrative - Appeals Process 1.16.430 Abatement by the City 1.16.440 Judicial Review ARTICLE III. ADMINISTRATIVE 1. a description of the ENFORCEMENT real property, by street address or otherwise, on which the infraction exists. 1.16.400 [Order to Abate— Ad mi nistrativ 2. the date of the order. Comment [a74]: 1.16.400. New section establishing administrative Order to Abate. A. Upon fording any of the 3. a direction to abate following the code enforcement officer may the infraction within no less than 10 days and cause an Order to Abate to be posted on the no more than 30 days from the date of the subject property and mailed to the owner and order. each other known responsible party: 4. a description of the 1. a violation exists, or infraction. 2. any responsible party 5. a statement that, is not responsive or cooperative after unless the infraction is removed: receiving a Letter of Complaint, or a. a warrant 3. a recipient failed to may be obtained, comply with the terms of a Voluntary Compliance Agreement, b. the city may abate the infraction, and B. The order shall require the respondent to abate the ordinance infraction c. the cost of within a specified time period. abatement will be charged to the responsible Party- C. Prior to mailing or posting an Order to Abate, the code enforcement officer 6. a statement that must have probable cause to believe that a failure to abate an infraction may result in civil infraction exists, based on personal imposition of an administrative fee or lien on observation of the violation by the code the property. enforcement officer or other credible authority. 7. a statement that the responsible party may protest the Order to D. The code enforcement officer Abate by giving notice to the code shall cause a copy of the Order to Abate to be enforcement within 10 days following the posted on the premises at the site of the date of the order. Contact information for the violation, code enforcement officer shall be included in the Order to Abate. E. An Order to Abate shall be mailed by first class or certified mail to the F. Upon completion of mailing last known address of the responsible party. and posting, the persons mailing and posting An Order to Abate shall contain: shall execute and file certificates stating the 1 16 _CouncilStrikeThru_11- 4- 11_SL -cf 1 -16 -16 SE Update: 6/09 17 date and place of the mailing and posting, The city manager is authorized to draft and respectively. adopt rules and policies to provide for a civil infractions hearings officer review process G. An error in the address or consistent with this subsection and principles name of the responsible party shall not make of due process. The civil infractions hearings the Order to Abate void, and in such case the officer's determination shall be required only posted notice shall be sufficient. in those cases where a written protest has been filed as provided in this section. 1.16.410 (Abatement by the Responsible Party{ D. If the civil infractions Comment [a75]: 1.16.410. New section hearings officer determines that an infraction ' requiring abatement by responsible party A. Within the timeline specified does in fact exist, the responsible party shall, Comment [a76]: 1.16.410. Existing text moved in the Order to Abate, the responsible party within five days after the civil infractions to 1.16.640. shall abate the infraction or appeal the Order hearings officer's determination, abate the to Abate pursuant to 1.16.420. infraction, unless the civil infractions hearings officer determines that the responsible party B. Any responsible party should not be given the opportunity to abate intending to abate the infraction shall provide or unless the civil infractions hearings officer notice to the code enforcement officer before decision allows a period of time greater than abating the infraction and shall allow the city five days. to inspect during and on completion of the abatement. The notification shall state how E. The civil infractions hearings the infraction will be abated, when it will be officer may determine that the responsible abated, and who will be abating it. party for the infraction should not be given the opportunity to abate only if the civil 11.16.420 infractions hearings officer finds that the Comment [5177]: 1.16.415. Moved to 1.16.650 i responsible party for the infraction is unlikely to properly abate the infraction. The Comment [a78]: 1.16.420. New section _ determination that a responsible party is providing appeal process for administrative A. A responsible party protesting unlikely to properly abate the infraction shall enforcement option. that the alleged infraction does not exist shall be based on the findings as to one of the Comment [a79]: 1.16.420. Existing text moved to 1.16.670. file with the code enforcement officer a following: written statement specifying the basis for the protest before the abatement date specified in 1. whether the person the order or at most within 10 days of the date acted intentionally or whether the infraction is of the notice. Standing to protest is limited to egregious; or a responsible party. 2. whether the person B. Upon receipt of a written had knowledge that the action was a violation statement of protest from a responsible party, of state law or city code; or the code enforcement officer shall, within 10 days of receipt of the protest, schedule a 3. whether the person hearing before the civil infractions hearings has the professional expertise to perform the officer, to be held within 30 days of receipt. abatement. C. At the hearing set for '1.16.430 Abatement by the City' Comment [a80]: 1.16.425. Existing text moved consideration of the infraction, the person to 1.16.670 , protesting may appear and be heard by the lf, within the time allowed, the Comment [5181]: 1.16.430. New section civil infractions hearings officer and the civil infraction has not been abated by the providing for abatement by the city under warrant infractions hearings officer shall determine responsible party, the city manager may cause whether or not an infraction in fact exists. the infraction to be abated by securing an 1 16_CouncilStrikeThru_11 -4 -11 SL-cf 1 -16-17 SE Update: 6/09 18 abatement warrant pursuant to sections Judicial review of a decision of the 1.16.110 through 1.16.114. civil infractions hearings officer on the appeal of an Order to Abate shall be on the record by 1.16.440 Judicial Rev iew writ of review pursuant to ORS Chapter 34 Comment [S1.132]: 1.16.440. New section and not otherwise. regarding judicial review of a decision by the civil infractions hearing officer of an appeal ARTICLE IV. PENALTIES, FEES AND COSTS 1.16.600 Continuous Infractions 1.16.610 Failure to Comply With Judgment Order, Order to Abate or Notice of Assessment 1.16.620 Penalties, Fees and Costs - Payment 1.16.630 Penalties and Fees - Classifications 1.16.640 Penalties and Fees - Amounts to be Assessed 1.16.650 Penalties and Fees - Repeat Violations 1.16.660 Penalties and Fees - Prior to First Appearance in Court 1.16.670 Delinquent Civil Penalties, Fees and Costs 1.16.680 Penalties, Fees and Costs - Assessment 1.16.690 Administrative Fees and Costs - Notice of Assessment 1.16.700 Administrative Fees and Costs - Notice of Objection and Hearing 1.16.710 Penalties, Fees and Costs - Collection, Lien Filing and Docketing ARTICLE IV. PENALTIES, FEES AND Class I Civil Infraction. COSTS C. Failure to comply with a 1.16.600 Continuous Infractions judgment order, an Order to Abate or a Notice comment [5183]: 1.16.600. Existing text, of Assessment is a continuous infraction and a moved from current 1.16.380. When an infraction is of a continuous separate infraction will be deemed to occur nature, unless otherwise specifically provided, each calendar day the failure to comply a separate infraction shall be deemed to occur infraction continues to exist past the time on each calendar day the infraction continues allowed in the judgment order. (Ord. 89 -21 to exist. (Ord. 86 -20 § ](Exhibit A(8)(A)), §4, 1989). 1986). 1.16.620 Penalties, Fees and Costs - 4.16.610 Failure to Comply With Payment Due When _ Comment (a85]: 1.16.620. Existing text, moved Judgment Order, Order to from current 1.16.390. Abate or Notice of Any civil penalty administrative fees, Assessment or costs assessed shall be paid no later than 30 Comment [SL84]: 1.16.610. Existing text, days after the final order or the date of notice. moved from current 1.16.385, expanded to include A. Failure to comply with a Such period may be extended by the code administrative process. judicial Order to Abate an infraction or pay a enforcement officer for the administration civil penalty or court costs imposed within the process or upon order of the hearings officer. time allowed for abatement or payment shall (Ord. 86-20 §](Exhibit A(8)(B)), 1986). constitute a Class I civil infraction. 1.16.630 Penalties and Fees - B. Failure to comply with an Classifications Comment [SL86]: 1.16.630. Existing text, administrative Order to Abate an infraction or moved from current 1.16.400 to pay an administrative fee or statement of For the purpose of determining civil administrative or abatement costs within the penalties and administrative fees, infractions time allowed for such abatement or payment are classified in the following categories: in a Notice of Assessment shall constitute a 1 16 _CouncilStrikeThru_11- 4- 11_SL -cf 1 -16 -18 SE Update: 6/09 19 A. Class 1 infractions; 1.16.660 Penalties and Fees - Prior to First Appearance in Court Comment [SL89]: 1.16.660. Existing text, B. Class 2 infractions' moved from current 1.16.420 and expanded to include administrative process and fees The code enforcement officer is C. Class 3 infractions. (Ord. 86- authorized to reduce the amount of a civil 20 § 1(Exhibit A(8)(C)), 1986). penalty that could be imposed or the amount of an administrative fee if compliance has 6.640 Penalties and Fees - been achieved and the amount is to be paid in Amounts to be Assessed full on or before the time and date of the first Comment [SL87]: 1.16.640. Existing text appearance in court or before the timeline set moved from current 1.16.410. The civil penalty or administrative fee out in a Letter of Complaint or an Order to to be assessed for a specific infraction shall be Abate. (Ord. 02 -27). as follows: 1.16.670 Delinquent Penalties, Fees A. For Class 1 infractions, and Costs Comment (a901: 1.16.670. Existing text, moved from 1.16.425 and expanded to include 1. an amount not to Delinquent civil penalties, administrative fees. exceed $250 per day under either the judicial administrative fees or costs and penalties or the administrative enforcement process, or imposed by default judgment may be collected or enforced pursuant to Oregon 2. under the Revised Statutes 30.310 or any other method. administrative enforcement process, an (Ord. 02 -27, Ord. 86 -20 §I(Exhibit A(8)(E)), amount: 1986). a. computed in a manner established by administrative rule 1.16.680 Penalties, Fees and Costs - pursuant to 1.16.105 Assessment' Comment [SL91]: 1.16.680. New section, subsection A is text from current 1.16.310 with B • b. Upon a fmding by the civil and C added to encompass administrative fees and . for the entire A. U Po g y abatement costs period the violation exists and not for each infractions hearings officer that an infraction day of the violation. was committed by the respondent, the civil infractions hearings officer may assess a civil B. For Class 2 infractions, an penalty pursuant to Sections 1.16.600 amount not to exceed $150 per day; through 1.16.650, plus costs. C. For Class 3 infractions, an B. Upon a fmding by the code amount not to exceed $50 per day. (Ord. 86- enforcement officer that an infraction was 20 § I (Exhibit A(8)(D)), 1986). committed by the respondent and if, within the time allowed in an Order to Abate, the 1.16.650 Penalties and Fees - Repeat infraction has not been abated by the Violations responsible party, the code enforcement Comment [SLIM: 1.16.650. Existing text, The maximum amounts of the civil officer may assess an administrative fee moved from current 1.16.415 with minor revisions penalties and administrative fees set forth in pursuant to Sections 1.16.600 through 1.16.640.A.1, 1.16.640.B and 1.16.640.0 shall 1.16.650, plus costs. be doubled in the event that the respondent is found in violation of a second and similar C. For abatement of a violation violation within 24 months of the initial by the city by judicial process pursuant to violation and quadrupled in the event of a Section 1.16.340 or administrative process third or subsequent repetition within 24 pursuant to Section 1.16.430 the code months of the initial violation. (Ord. 02 -27). enforcement officer shall keep an accurate record of the costs incurred by the city in abating the violation. The total amount of 1 16_ CouncilStrikeThru_11- 4- 11_SL-cf 1 -16 -19 SE Update: 6/09 20 these charges will be assessed against the the sum of $100 or more, exclusive of costs, responsible party as the cost of abatement. the code enforcement officer shall, at any time thereafter while the judgment is enforceable, 1.16.690 Administrative Fees and file with the city finance officer a certified Costs - Notice of Assessment transcript of all those entries made in the Comment [a92]: 1.16.690. New section creating docket of the hearings officer with respect to Notice of Assessment. Upon the assessment of the action in which the judgment was entered. administrative fees or costs pursuant to Section 1.16.680 the code enforcement officer B. An assessment of the shall forward to all persons responsible for the administrative fees and costs as stated in the violation a Notice of Assessment stating: Notice of Assessment shall be made if: A. the total administrative fees 1. no objection to and costs, if any, assessed for the violation; administrative fees and costs is filed as provided in Section 1.16.700 or; B. that the total amount of the fees and costs as indicated will be assessed to 2. fees or costs remain and become a lien against the property of applicable following a hearing on an objection persons responsible for the violation unless and the fees and costs are not paid within 30 paid within 30 days from the date of the days from the date of the notice or the date of notice; the hearing order. C. that any responsible party for C. The code enforcement officer the fees and costs may file a written notice of shall file with the city finance officer a objection to the amount of the fees and costs certified statement of the total fees and costs with the code enforcement officer not more due. than 10 days from the date of the notice. D. Upon receiving the statement 516.700 Administrative Fees and of total fees and costs due or the certified Costs - Notice of Objection transcript, the city finance officer shall enter and Hearing] that total on the city's lien docket. laiment [5193]: 1.16.700. New section to provide for an appeal of an assessment of fees and costs If an objection to an administrative E. The city may bring legal fee or costs is filed as provided in Section action to collect any civil penalties, fees, costs 1.16.690, the code enforcement officer shall, or interest provided for in this chapter. The within 10 days, cause a hearing to be city may also use a professional collection scheduled to be held within 30 days before the agency, or cause the full amount of civil civil infractions hearings officer. The civil penalties, fees, costs or interest owed to be infractions hearing officer shall hear the entered into the city's lien docket and, from objection and determine the amount of the fee the time of entry on the city's lien docket it and costs to be assessed including the costs to shall constitute a lien upon property of all the city of responding to the objection if the persons responsible for the violation. city's position is sustained. F. A lien shall bear interest at 1.16.710 Penalties, Fees and Costs - the rate of nine percent per year. Such interest Collection, Lien Filing and shall commence to run from date of the entry Docketing of the lien in the lien docket. Comment [S194]: 1.16.710. New section to provide for documentation of penalties, fees, and costs and the means of collecting them. Subsections A. When a judgment is rendered G. An error in the name of any A, D, and 11 are drawn from current 1.16.370.1, 2, & by the hearings officer in favor of the city for person to whom notice is sent shall not void 5. Subsections B, D, E, F, & G added to clarify and modernize the described process. 1 16_ CouncilStrikeThru_11- 4- 11_SL -cf 1 -16 -20 SE Update: 6/09 21 the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against property of the responsible party for the violation. H. The finance officer shall file the statement of total fees and costs due or the transcript of the court judgment with the Washington County Clerk for entry in the judgment docket of the circuit court. All costs associated with the filing of the transcript shall be added to the amount of the statement. 1 16 _CouncilStrikeThru_11- 4- 11_SL -cf 1 -16-21 SE Update: 6/09 Z. 1 Chapter 1.16 CIVIL INFRACTIONS. Sections: ARTICLE I. GENERAL PROVISIONS 1.16.010 Tide Ffor Provisions- 3 1.16.020 Establishment aAnd Purpose:_ 3 1.16.030 Definitions. 4 1.16.040 Use oOf Language. 5 1.16.050 Reference tTo State Law. 5 1.16.060 Culpability, -Not Exclusive. Remedies Cumulativ 5 1.16.065 Liability- 6 1.16.070 Effect oOf This Chapter._ 6 1.16.080 Severability - 6 1.16.090 Reports oOf Infractions._ 6 1.16.100 Assessment by Code Enforcement Officer- 6 1.16.105 Administrative Rules- 6 1.16.110 Warrants - Right of Entry 7 1.16.111 Warrants - Grounds for Issuance- 7 1.16.112 Warrants - Procedure for Issuance- 8 1.16.113 Warrants - Execution- 8 1.16.114 Warrants - Disposal of Seized Property 9 1.16.115 Voluntary Compliance Agreement- 9 1.16.120 Notice:- Notice of Violation and Letter of Complaint- 9 1.16.140 Time tTo RemedyAbate Infraction After Notice— 10 1.16.150 Immediate Remedial Action Required When— 10 ARTICLE IL JUDICIAL ENFORCEMENT 1.16.160 Notice - Methods .of Service- 11 1.16.170 Notice - oOf Time Period. 11 1.16.180 Notice - Information.- 12 1.16.190 Failure ITo Respond tTo Notice.- 12 1.16.210 Civil Infraction Summons aAnd Complaint - Timing. 13 1.16.220 Civil Infraction Summons aAnd Complaint - Process Requirements 13 1.16.230 Civil Infraction Summons aAnd Complaint - Service - Failure tTo Receive - Default:14 1.16.240 Civil Infraction Summons aAnd Complaint - Respondent's Response Required. 15 1.16.250 No Right Tto Jury 15 1.16.260 Representation BIly Counsel 15 1.16.270 Opportunity Tto Bbe Heard - Cross - Examination- 15 1.16.280 Witnesses. 15 1.16.290 Hearing - Admissible Evidence. 16 1.16.295 Burden of Proof 16 1.16.300 Hearing - Decision bBy Hearings Officer._ 16 1.16.310 . Order to Abate - Judicial 17 1 1 16_CouncilStrikeThru_l1 4- 11_SL -cf 1-16-1 SE Update: 6/09 2 1.16.320 Hearing - Records. 17 1.16.330 Finality Oof Decision - Appeals_ 17 1.16.340 Remedial Action 13lly the City - EestsSummary Abatement. 17 1.16.350 Default Judgment._ 18 4.16.370 Lien' n d D eketing. 1.16.3$ . 1 .16:3 -9 ARTICLE IH. ADMINISTRATIVE ENFORCEMENT 1.16.400 Order to Abate - Administrative 20 1.16.410 Abatement by the Responsible Party- 21 1.16.420 Order to Abate - Administrative - Appeal Process 21 1.16.430 Abatement by the City- 22 1.16.440 Judicial Review- 22 ARTICLE IV. PENALTIES. FEES, FEES AND COSTS 1.16.380600 Continuous Infractions.- 23 1.16 _385610 Failure Ito Comply With Judgment Order. Order to Abate or Notice of Assessment. 23 1.16.390620 Penalty Fees and Costs - Payments.- 23 1.16.400630 Penalty and Fees - Classifications.- 23 1.16 : 41.0640 Penalty and Fees - AssessmentAmounts to be Assessed. 24 1.16 _41.5650 Penalty and Fees - Repeat Violations._ 24 1.16.420660 Penalties and Fees - Prior tag First Appearance in Court: 24 1.16.425670 Delinquent Civil Penalties. Fees and Costs r . 24 1.16.680 Penalties. Fees and Costs - Assessment— 24 1.16.690 Administrative Fees and Costs - Notice of Assessment— 25 1.16.700 Administrative Fees and Costs - Notice of Obiection and Hearing— 25 1.16.3;0710 Penalties. Fees and Costs - Collection. Lien Filing and Docketing– 25 1 16_ Counc ilStrikeThru_11- 4- 11_SL -cf 1-16-2 SE Update: 6/09 3 ARTICLE I. GENERAL PROVISIONS 1.16.010 Title for Provisions 1.16.020 Establishment and Purpose 1.16.030 Definitions 1.16.040 Use of Laneuaee 1.16.050 Reference to State Law 1.16.060 Culpability. Not Exclusive. Remedies Cumulative 1.16.065 Liability 1.16.070 Effect of This Chapter 1.16.080 Severability 1.16.090 Reports of Infractions 1.16.100 Assessment by Code Enforcement Officer 1.16.105 Administrative Rules 1.16.110 Warrants - Rieht of Entry 1.16.111 Warrants - Grounds for Issuance 1.16.112 Warrants - Procedures for Issuance 1.16.113 Warrants - Execution 1.16.114 Warrants - Disposal of Seized Property 1.16.115 Voluntary Compliance Aereement 1.16.120 Notice - Notice of Violation and Letter of Complaint 1.16.140 Time to Abate Infraction After Notice 1.16.150 Immediate Remedial Action Required When ARTICLE I. GENERAL PROVISIONS and determination of cases arising out of such infractions. The civil infractions procedures are +s- intended to be used for all violations of the ( Comment [SLl]: 1.16.010. Existing text. 1.16.010 Title for Provisions TMC other than certain violations of Title 7 and Title 10. —The ordinance codified in this chapter shall be known as the "civil infractions 3C. The civil infractions abatement ordinance," and may also be referred to herein as procedures established herein are for the purpose "this chapter." (Ord. 86 -20 §1(Exhibit A(1)), of authorizing the City city to proceed to abate 1986). such infractions: 3.16.020 Establishment Aand Purpose. 1. if it is determined that Comment [saz]: 1.16.020. Existing text, the infraction presents an immediate danger to modified to add administrative processes. 4-A. The purpose of this chapter is to the public health, safety or welfare:; or establish civil procedures for the enforcement of certain provisions of the Tigard Municipal Code if it is determined that (TMC). the property owner or responsible person is incapable of or unwilling to abate the infraction B-2. The civil infraction procedures within a timeline satisfactory to the city. Comment [a4]: 1.16.020.C.2. Added to provide fO or(:emeilt process anW for administrative abatement. ad n orcement process established 4D. This chapter is adopted pursuant Comment [SL3]i 1.16.020.B. Modified to allow herein are for the purpose of decriminalizing to the home rule powers granted the City of for both judicial and administrative abatement penalties for infractions of certain civil Tigard by Article IV, Section 1 and Article XI, ordinances and for the purpose of providing a Section 2 of the Oregon Constitution; Oregon convenient and practical forum for the hearing Revised Statutes 30.315 and Sections 4 and 21 1 16 _CouncilStrikeThru_11- 4- 11_SL -cf 1 -16 -3 SE Update: 6/09 4 of the Charter of the City of Tigard. (Ord. 02- 27, Ord. 86 -20 §1(Exhibit A(2)), 1986). all expenses incurred and charges associated with the removal, storage,' detention, processing, disposition and maintenance thereof. 116.030 Definitions comment [SL5]: 1.16.030. Modified and 2F. f"Code enforcement expanded with substantial additions for clarity and For the purposes of this chapter, the oofficer' means the individual or individuals precision following definitions shall apply: appointed or designated by the .Director of Comment [a12]: 1.16.030.F. From original 1.16.030 m cComunity Development or the Ccity ' A. means to _ restore a mManager to enforce the provisions of this Comment [a6]: 1.16.030.A. From 7.40.125, property to its condition prior to the infraction, chapter. For enforcement of Chapters 10.16 Modified to add graffiti. or similar condition that is free of the subject through 10.32, Section 7.10.1256.02.060; and infractions. In the case of graffiti, "abate" Chapter 7.60, "cCode Benforcement °officer" means to remove graffiti from the public view. also includes Gcommunity Service °officers of the police department B. `City manager' means the city Comment [a7]: 1.16.030.B. From 7.40.150 and manager or any other city employee designated G. `Finance officer' means_ the 761.010. by the city manager. senior financial officer of the city or the Comment [a13]: 1.16.030G. New. designee of the senior financial officer. 4C. `Civil hinfraction" shall or "infraction'means: H. h`Letter of Complaipt means a Comment [a8]: 1.16.030.C. From existing letter of notification to a responsible party that 1.16.030 1. -the failure to comply the city has received a complaint indicating that ( Comment [a14]: 1.16.030.H. New ) with a cede- provision of this code other than a violation may exist on the party's property. certain provisions of Chapter -Title 7 and Chapter Title 10 and shell- alas -t Crean I. `Notice of Assessment' means 1 Comment [a15]: 1.16.030.1. New ) a formal letter or form notifying a respondent or 2. the process of imposing recipient that an administrative fee, a civil penalty under this chapter. administrative costs; or costs of abatement have been assessed against them or against property References to "uniform infraction" in which they hold an interest. throughout the code other than in certain provisions of Chapter-Title 7 and Chapter Tide J. `■otice of Violationimeans a ( Comment [a16]: 1.16.030.5. New ) 10 shall be deemed to be references to "civil formal letter or form notifying a responsible infraction." (Ord. 07 -03, Ord. 05 -08, Ord. 02- party that the city has probable cause to believe 27, Ord. 86 -20 §1(Exhibit A(4)), 1986). that a violation has been found to exist on the party's property. 'Civil ilnfractions hMearings means the- mMunicipal jtudge or the K. means an Comment [a9]: 1.16.030.D. From existing individual appointed by the mMunicipal nudge order to a respondent or responsible party to 1.16.030 with the delegated authority to preside over the abate an infraction from the Mmunicipal Ccourt Comment [all]: 1.16.030.K. New code enforcement hearings and to perform the as provided in Article [I, -el, or from the code related functions as specified by this chapter. enforcement officer as provided in Article III. E. means any expenses L. means an individual Comment [a10]: 1.16.030.E. From 7.61.010, incurred and charges associated with any action human being and may also refer to a firm, Modified for clarity. taken by the city under this chapter including but corporation. unincorporated association, ( Comment [a18]: 1.16.030.L. New not limited to the cost to the public of the staff partnership, limited liability company, trust, Comment [all]: These sections deal with time invested and, regarding items confiscated estate or any other legal entity. confiscation of signs and other materials illegally for violation of 'Sections 6.03.010 and 6.03.0201, placed or abandoned m the right of way. The text is currently found at 7.61.015 and 7.61.020. 1 1 16 CouneilStrikeThru_11 4 -] 1_SL cf 1 -16-4 SE Update: 6/09 I 5 M. l' Recipieimeans a person [ Comment [a19]: 1.16.030.M. New ) who has received a Letter of Complaint under I the administrative process. [1,16.040 Use Oaf Language _ _ ( Comment [SL24]: 1.16.040. Existing text ) 3N. `Respondent'1 means aperson As used in this chapter, pronouns Comment [a20]: 1.16.030.N. From existing charged with a civil infraction. A respondent indicating the masculine gender shall include the 1.16.030, Modified to add administrative process. will have received a Notice of Violation or a feminine gender; singular pronouns shall include summons and complaint as provided in Article I1 the plural; and "person" shall, where eFll or an Order to Abate as provided in Artic k appropriate, include any partnership, III. corporation, unincorporated association, the State of Oregon or other entity. (Ord. 86 -20 §1(Exhibit A(14)), 1986). O. `Responsible party' means_ any y Comment [a211: 1.16.030.0. From 7.40.020, Milk one of the following: 1.16.050.1111, Reference 3to State ' 144 7.40.125, and 7.61.010. ( Comment [SL25]: 1.16.050. Existing text ) 1. an owner. -Any reference to a state statute incorporates into this chapter by reference the 2. an entity or person statute in effect on the effective date of the acting as an agent for an owner by agreement ordinance codified in this chapter. (Ord. 86 -20 that has authority over the property, is §1(Exhibit A(11)), 1986). responsible for the property's maintenance or management, or is responsible for curing or abating an infraction, comment [SL26]: 1.16.060. Existing text, 3. any person occupying expanded for clarity and to encompass the property, including bailee, lessee, tenant or 4.A. Acts or omissions to act which administrative process other having possession or are designated as an infraction by any Gity -cam ordinance do not require a culpable mental state 4. the person who is as an element of the infraction. alleged to have committed the acts or omissions, created or allowed the condition to exist, or as. The procedures prescribed by placed the object or allowed the object to exist this chapter shall be the exclusive procedures for on the property. imposing civil penalties; however, this section shall not be read to prohibit in any way There may be more than one responsible alternative remedies set out in the Tigard party for a particular property or infraction. Municipal Code which are intended to abate or alleviate code infractions, nor shall the Ccity be SP.. 'Violation') means failure to prevented from recovering, in any manner _ _ - { Comment [a221: 1.16.030.P. From existing comply with a requirement imposed directly or prescribed by law, any ex-pease -costs incurred by l 1.16.030 indirectly by this code. "Violation" may also it in abating or removing ordinance infractions mean civil infraction, except as used in those pursuant to any code provision. (Ord. 86 -20 portions of Chapter 7 and of Chapter 10 that do §1(Exhibit A(3)), 1986). not use the civil infraction procedure. 111. _ _ _ The remedies and procedures ( Comment [SL27]: 1.16.060.0. Added for clarity ) ,`Voluntary Compliance for abatement of civil infractions provided in means an agreement, whether this chapter are in addition to all other remedies Comment [a23]: 1.16.030.Q. From existing written or verbal, between the Fie and procedures provided by law. Nothing in this 1.16.030 and the recipient or chapter shall limit or restrict in any way the respondent, which is intended to resolve the city's right to obtain abatement by means of a alleged civil infraction. civil infraction, judicial action, an administrative 1 16_CouncilStrikeThru _ 11 4 11 SL cf 1 -16 -5 SE Update: 6/09 6 enforcement action, a criminal action, a civil severable. If any section, sentence, clause or lawsuit or any other form of procedure to obtain phrase of this chapter is adjudged to be invalid abatement. by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of the chapter. (Ord. 86 -20 Comment [SL28]: 1.16.065. New section added §1(Exhibit A(13)), 1986). for clarity A. The city shall not be liable to any person for any loss or injury to person or 1.16.090 Reports O f Infractions :, [Comment [SL31]: 1.16.090. Existing text. ) property growing out of any casualty or incident happening to such person or property on account All reports or complaints of infractions of a property owner, lessee or occupant of covered by this chapter shall be made or referred pproperty who fails or neglects to promptly to an authorized F ode - Eenforcement - OQfficer. comply with the duties imposed by this section. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(5XA), 1986). B. The city shall be exempt from all liability, including but not limited to 1 1.16.100 Assessment by Code common -law liability that it might otherwise Enforcement Officer: Comment [SL32]: 1.16.100. Title and text incur to an injured party as a result of the city's modified for clarity. negligent failure to abate an infraction. A4-. camcnt� Upon receiving a report or complaint or otherwise becoming C. If any property owner, lessee or aware of a violation of this codeWhen- ax- alleged occupant, by his or her failure or neglect to infraction io roportod to the Goode perform any duty required of him or her by the _ the Geode terms of this section, contributes in causing Eenforcement_-Oofficer shall review the facts iniury or damages. they shall reimburse the city and circumstances surrounding the alleged for all damages or injury it has sustained or has infraction and if he or she deems it appropriate been compelled to pay in such case, including will proceed with appropriate enforcement but not limited to reasonable attorney fees for actions. the defense of the same, and such payments as may be enforced in any court having 132. The iurisdiction. Geode -genforcement - Aofcer shall not proceed further with the matter if the °Officer determines ILO. 070 Effect oOf This Chapter that there is not sufficient evidence to support [ Comment [SL29]: 1.16.070. Existing text. ) the allegation, or if the oOficer determines that 4-A._ —Citations or complaints it is not in the best interest of the cGity to issued and filed with the Mmunicipal Gcourt proceed. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit prior to the effective date of the ordinance A(5)(B)), 1986). codified in this chapter shall be processed in accordance with the provisions in effect at the 1.16.105 Administrative Ru L Comment [s.33]: 1.16.105. Added to authorize time the complaint was issued. administrative rules per 2.04. See draft example The city manager is authorized to draft administrative rules under 4' tab. ft 2B. Nothing in this chapter shall and adopt administrative rules to define be construed as a waiver of any prior procedures to work with respondents or assessment, bail or fine ordered by the recipients toward the abatement of civil 44municipal Gcourt. (Ord. 86 -20 §1(Exhibit A infractions. Any such administrative rules and (12)), 1986). regulations shall be adopted pursuant to the provisions of Chapter 2.04. be consistent with 1.16.080 Severability this chapter and shall include the following Comment [SL30]: 1.16.080. Existing text The provisions of this chapter are 1 16 _CouncilStrlkeThru_11- 4- 11_SL -cf 1 -16 -6 SE Update: 6/09 I A. specific form documents or Repealed by Ord. 02 27. templates for all written communications referenced in this chapter to ensure that 1.16.110 Warrants - Right of Entry, Comment [SL34]: 1.16.110. New section, added communications from the city are uniform, to codify warrant procedures. Approved by city attorney. including a: A. The city manager or designee may enter property, including the interior of 1. Letter of Complaint structures, at all reasonable times whenever an inspection is necessary to enforce any 2. Notice of Violation regulations of this code, or whenever the city manager or designee has reasonable cause to 3. Order to Abate believe that there exists in any structure or upon any property any condition which constitutes a 4. Notice of Assessment violation of provisions of this code. B. procedures for the preparation, B. In the case of entry into areas of execution, delivery, and posting of notices of a: property that are plainly enclosed to create privacy and prevent access by unauthorized 1. Letter of Complaint persons, the following steps shall be taken. 2. Notice of Violation 1. The code enforcement officer shall first make a reasonable attempt to 3. Order to Abate locate the owner or other persons having charge or control of the property, present proper 4. Notice of Assessment credentials and request entry. C. procedures for review by the 2, If entry is refused or if civil infractions hearing officer to consider the owner or other persons having charge or protest by a responsible party of an control of the property cannot be located, the administrative Order to Abate consistent with code enforcement officer may attempt to obtain Section 1.16.420. entry by obtaining a warrant. D. procedures for determination of 1.16.111 Warrants - Grounds for the time allowed to abate an infraction or otherwise respond as provided in a: Issuance Comment [SL35]: 1.16.111. New section, added P to codify warrant procedures. Approved by city A. A warrant for inspection, attorney. 1. Letter of Complaint investigation, removal or abatement purposes 2. Notice of Violation shall only be issued upon cause, supported by affidavit, particularly describing: 3. Order to Abate 1. the applicant's status in E. procedures for the calculation of applying for the warrant; administrative fees. 2. the statute, ordinance or F. standards for confidential or regulation requiring or authorizing the anonymous reporting and circumstances in inspection or investigation or the removal and which such reporting is allowed. abatement of the violation; 4,4`.� �,,���,, 3. the building or property to be inspected, investigated or entered; 1 1 16_CouncilStrikeThru_11 4- 11_SL -cf 1 -16 -7 SE Update: 6/09 8 1. the person or persons 4. the purpose for which authorized to execute the warrant, the inspection, investigation, removal or • abatement is to be made; 2. the property to be entered, and 5. the basis upon which cause exists to inspect, investigate, remove or 3. the purpose of the abate the violation: and inspection or investigation or a statement of the general types and estimated quantity of the items 6. in the case of removal to be removed or conditions abated. or abatement, a statement of the general types and estimated quantity of the items to be C. The warrant shall contain a removed or conditions abated. direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 B. Cause shall be deemed to exist p.m.. or where the fudge has specifically if: determined, upon a showing that it cannot be effectively executed between those hours, that it 1. reasonable be executed at any additional or other time of the legislative or administrative standards for day or night. conducting a routine, periodic, or area inspection or for removing and abating violations are D. In issuing a warrant, the judge satisfied with respect to any building or upon may authorize any peace officer, as defined in any property, or Oregon Revised Statutes, to enter the described property to remove any person or obstacle and to 2. an investigation is assist the representative of the city in any way reasonably believed to be necessary in order to necessary to enter the property and complete the discover or verify the condition of the property investigation or remove and abate the infraction. for conformity with regulations, or 11.16.113 Warrants - Executi Comment [SL37]: 1.16.113. New section, added 3. there is cause to to codify warrant procedures. Approved by city believe that a violation exists for which removal A. In executing a warrant on attorney. or abatement is required or authorized by this occupied property the person authorized to chapter. execute the warrant shall, before entry into the occupied premises. make a reasonable effort to ,.I6.112 Warrants - Procedure for present the person's credentials, authority and Issuance purpose to an occupant or person in possession Comment [SL36]: 1.16.112. New section, added of the property designated in the warrant and to codify warrant procedures. Approved by city A. Before issuing a warrant, the show the occupant or person in possession of the attorney. fudge may examine the applicant and any other property the warrant or a copy thereof upon witness under oath and shall be satisfied of the request. existence of grounds for granting such application. B. In executing a warrant on unoccupied property, the person authorized to B. If the judge is satisfied that execute the warrant need not inform anyone of cause for the inspection, investigation, removal the person's authority and purpose, as prescribed or abatement of any infraction exists and that the in subsection A: above, but may promptly enter other reuuirements for granting the application the designated property if it is at the time are satisfied, the fudge shall issue the warrant, unoccupied or not in the possession of any particularly describing: person or at the time reasonably believed to be in such condition. In such case a copy of the 1 116_CouncilStrikeThru 11-4-1 1 _SL-cf 1 -16 -8 SE Update: 6/09 9 warrant shall be conspicuously posted on the the necessary corrective action. The Gcity_shall property. take no further action concerning the alleged violation if all terms of the Veoluntary C. A warrant must be executed eCompliance agreement are satisfied, other within 10 working days of its issue and returned than steps necessary to terminate the to the judge by whom it was issued within 10 enforcement action. working days from its date of execution. After the expiration of the time prescribed by this D. Failure to comply with any term subsection, the warrant unless executed is void. of ache signed Voluntary Ceompliance Aagreement constitutes an additional and 1.16.114 Warrants — Disposal of separate infraction which shall be handled in Seized Property accordance with the procedures established by Comment [SL38]: 1.16.114. New section, added this chapter,_excep4- that- Aafter the Veoluntary to codify warrant procedures. Approved by city The city manager or designee may cause Ceompliance Aagreement has been signed no attorney. any items removed pursuant to an abatement further notice need be given before a civil warrant to be disposed of in an approved manner infraction summons and complaint based on this whenever the city manager or designee, in his or infraction is issued. The Gcity may also proceed her sole discretion, finds that the fair and on the alleged infraction that gave rise to the reasonable value of the items at resale would be Voluntary Compliance Agreement. (Ord. 02 -27, less than the cost of storing and selling the Ord. 86 -20 §1(Exhibit A(5XC)(10)), 1986). items. In making the above determination, the city manager or designee may include in the 1.16.120 Notice, - Notice of Violation costs of sale the reasonable cost of removing the and Letter of Complaint Comment [SL4O]: 1.16.120. Retitled and items to a place of storage, of storing the items significantly modified to incorporate both the for resale, of holding the resale including A. Upon receiving a report or judicial and administrative processes. reasonable staff allowances and all other complaint or otherwise becoming aware of a reasonable and necessary costs of holding the violation of this code, the code enforcement sale. officer may cause a notice Netieeof the alleged civil infraction Ito be given tome - respondent 1.16.115 Voluntary Compliance any responsible party for the property containing Agreement the alleged infraction. _ _ Comment [SL39]: 1.16.115. Existing text -- moved to Article 1 from current 1.16 200 with minor revisions. Applies to both judicial and Au. The Geode l enforcement B. Under the judicial enforcement administrative processes. ()officer may. at any time prior to a first process set forth in Article II, a Notice of appearance in court, enter into a Veoluntary Violation for the alleged civil infraction may be Ceompliance Aagreement with 4hea respondent given to the responsible party before a civil or recipient. The agreement shall include the infraction summons and complaint is issued for time allowed to abate the infraction and shall be an infraction. Verification of the violation is a binding on the respondent or recipient. requirement for a Notice of Violation. A Notice of Violation —It is not a—pre equisite— required Bb. The fact that a person alleged to before a summons and have committed a civil infraction enters into a complaint is issued. The use of a Notice of Veoluntary Ceompliance Aagreement shall not Violation is at the sole be considered an admission of having committed discretion of the Geode Enforcement ()officer. the infraction for any purpose. C. Under the administrative Ce. The city shall abate— suspend enforcement process set forth in Article III, a further processing of the alleged infraction Letter of Complaint may be mailed to any during the time allowed in the Veoluntary responsible party for the property containing the Ceompliance Aagreement for the completion of alleged civil infraction. Verification of the 1 16 CouncilStrikeThru 11 -4 -11 SL-cf 1 -16 -9 SE Update: 6/09 10 violation is not a requirement for issuing a Letter 1.16.150 Immediate - Remedial of Complaint but the issuance of a Letter of Abatement Action Required Complaint is a required first step in the When: Comment [SL43]: 1.16.150. Retitled, existing administrative process. (Ord. 02 -27, Ord. 86 -20 text for Subsections A and B. §1(ExhibitA(5)(C©(2)), 1986). A. Notwithstanding the remedial abatement time periods contained in Section 1.16.130 Notice Class 2 .%ad 3 1.16.140, if the €code Eenforcement Oofficer • determines that the alleged infraction presents an Comment [a41.]: 1.16.130. Section repealed and immediate danger to the public health, safety or deleted. Number not reassigned. 1.16.140 Time try Abate welfare, or that any continuance of the violation Infraction After Notice, would allow the recipient or respondent to profit Comment [SL42]: 1.16.140. Retitled and from the violation or would otherwise be expanded to include Voluntary Compliance A. If a Notice of Violation or a offensive to the public at large the °officer may Agreement and administrative process Letter of Complaint is given to a recipient or require immediate remedial action. respondent pursuant to this chapter, the Geode £enforcement °officer shall give the recipient B. If, in such cases - the code or respondent a reasonable time to cure or abate enforcement officer is unable to serve a rtNotice the alleged infraction after the notice is given. of ration- vViolation or Letter of Complaint on the recipient or respondent or, if after such B. The time allowed shall not be service the recipient or respondent refuses or is less than twenty - feur24 hours for a Notice of unable to remedy the infraction, the Ocity may Violation or five days for a Letter of Complaint, proceed to remedy the infraction as provided in nor more than thirty -30 days except in cases sSubsection C 1.16.310 below. (Ord. 02 -27, where compliance is voluntary and the code Ord. 86 -20 §I(Exhibit A(5)(C)(5)), 1986). enforcement officer deems it appropriate to enter into a Voluntary Compliance Agreement with the owner or the responsible party. IC. In the case of an immediate danger to the public health, safety or welfare C. deelared- determined under &subsection A, the city may abate the infraction and charge the Enfereement-OffieeftThe abatement cost back to the respondent, after code enforcement °officer may grant additional obtaining a warrant to enter the property and time to the respondent if. in the officer's abate the infraction. If the immediate danger judgment, compliance within the 30 -day30 -day constitutes an emergency threatening immediate timeline would constitute a significant hardship death or physical injury to persons, the city may to the respondent or other significant mitigating abate the infraction without obtaining a warrant circumstances exist. (Ord. 02 -27, Ord. 86 -20 if the delay associated with obtaining the §I(ExhibitA(5)(C)(4)), 1986). warrant would result in increased risk of death or injury, and may charge the abatement costs • back to the respondent. Comment [a44]: 1.16.150.0 moved from current 1.16.340 to apply in all circumstances. ARTICLE II. JUDICIAL ENFORCEMENT 1.16.160 Notice - Methods of Service 1.16.170 Notice - Computation of Time Period 1.16.180 Notice - Information 1 16 _CouncilStrikeThru 4- 11_SL -cf 1 -16 -10 SE Update: 6/09 11 1.16.190 Failure to Respond to Notice 1.16.200 Voluntary Compliance Agreement 1.16.210 Civil Infraction Summons and Complaint - Timing 1.16.220 Civil Infraction Summons and Complaint - Process Requirements 1.16.230 Civil Infraction Summons and Complaint - Service - Failure to Receive - Default 1.16.240 Civil Infraction Summons and Complaint - Respondent's Response Required 1.16.250 No Right to Jury 1.16.260 Representation by Counsel 1.16.270 Opportunity to be Heard - Cross - Examination 1.16.280 Witnesses 1.16.290 Hearing - Admissible Evidence 1.16.295 Burden of Proof 1.16.300 Hearing - Decision by Hearings Officer 1.16.310 Order to Abate - Judicial 1.16.320 Hearing - Records 1.16.330 Finality of Decision - Appeals. 1.16.340 Remedial Action by City - Summary Abatement 1.16.350 Default Judgment address. ARTICLE II. JUDICIAL ENFORCEMENT 4D. a Notice of Violation nehiee may be given by 1.16.160 Notice - Methodsall affixing to the main door of the property or Comment [S445]: 1.16.160. Retitled and premises. If notice is given in this manner, modified to clarify the Notice of Violation process If a Notice of Violation Violation the c6ode enforcement ()officer may, at his is given to a respondent or her discretion, also provide the respondent pursuant to this chapter, service of such notice with a Nrtotice of ie etion Violation by mail may be made as follows: sent to the respondent's last known address as soon as possible after the initial notice by A1. a Notice of Violation netiee posting. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit may be given to the A(5)(CX6)), 1986). respondent in person by the Geode (enforcement Aofficer. 1 .16.170 Notice - Computationg9J Time Period: Comment [SL46]: 1.16.170. Existing text with 2B. a Notice of Violation Netiee minor modification for clarity. may be given by a 4-A._Where the Notice of telephone call to the respondent. If notice is Violation is delivered in given in this manner, the respondent may be person or by telephone the time period to given, at the ode abate the infraction shall begin to --run enforcement officer's discretion, a notice -of immediately upon such delivery. aetionNotice of Violation by first class mail sent to his last known address as soon as W. Where the Notice of possible after the initial notice by telephone. Violation is mailed to the respondent, 3.C. ii.a Notice of Violation atetiee , n otice may be given by to abate the infraction shall be considered mailing to the respondent at his last known complete three days after such mailing, if the 1 16_CouncilStrikeThru_l 1-4- 1 1_SL-cf 1 -16 -11 SE Update: 6/09 12 address to which it is mailed is within the state, and seven days after mailing if the etien --sAt the discretion of the cGode address to which it is mailed is outside the eEnforcement 9officer: the Notice of state. Violation may include an invitation to contact the code eEnforcement °Officer to 3C. Where the Notice of discuss any questions the respondent may Violation is affixed to the have about the alleged violation, the main door of the property or premises, for requirements for compliance and any purposes of computing the time period to possibility of entering into a voluntary abate the infraction, notice shall be considered Voluntary Compliance complete three days after such affixation. Agreement. (Ord. 02 -27, Ord. 86 -20 (Ord. 02 -27, Ord. 86 -20 §1(Exhibit §1(Exhibit A(5)(C)(8)), 1986). A(5XCX7)), 1986). • Mir Notice - Information4 11111111W Failure t +o Respond (To Comment [SL47]: 1.16.180. Existing text with NOticeA s minor modification for clarity. A4-._The following information Comment [SL48]: 1.16.190. Existing text with shall be included in the Notice of Violation If notice is given, and the respondent , minor modification for clarity. , if one is given: either receives or rejects the no ice- of iefraetieeNotice of Violation and fails to le. Bra description or #ernedyabate er -aura –the alleged infraction identification of the activity or condition within the time specified in the Notice of constituting the alleged infraction, and the Violatio , the cGode identification of the recipient as the eEnforcement °Officer shallmay serve the respondent; respondent with a civil infraction summons and complaint. (Ord. 02 -27, Ord. 86 -20 2b. Al statement that the §1(Exhibit A(5)(CX9)), 1986). geode °Enforcement °Officer has determined the activity or condition to be an infraction; Agreement: ( Comment [SL49]: 1.16.200. Moved to 1.16.115 ) 3e. a A- statement of the action required to ferry abate er -aura –the 1. Effect of Agreement. alleged infraction and the time and date by which the— Femedyabatement must be a. The Code Enforcement Officer completed unless a agreementVoluntary Compliance Agreement agreement Frith the respon t The is executed; 44.4 a statement advising respondent the respondent that if the required re abatement is not completed within the b. Tho fact that a porcon alleged time specified and the respondent has not entered into a egreementVoluntary Compliance Agreement, a civil infraction summons and complaint will be issued amount• -pry –and civil penalties for the e. Tho City shall abate further particular infraction may be imposed. B. 2. The following :: = 1 1 16_CouncilStrikeThru_I 1- 4- 11_SL -cf 1 -16 -12 SE Update: 6/09 13 material. What is material is the substance, :: ': - :• = :: ': the information contained therein. The Gcity may utilize various physical formats for the summons and complaint. A "long f rm" and The state uniform citation may be used. Any form prepared by - : : : - - : •• : - = ... • - - the cGity should normally contain or solicit the following information, but no complaint or summons shall be considered invalid for failure to comply with these rules, so long as the basic information regarding the infraction and the court date is included. M. The civil infractions summons and complaint shall contain the following information: 27, Ord. 86 20 §1(Exhibit A(5)(C)(10)), e1.3=the name and 49864, address of the respondent; 1.,16.210 Civil Infraction Summons K. Aa description of the aAnd Complaint - Timini infraction that can be understood by a person Comment [SL50]: 1.16.210. Existing text with making a reasonable effort to do so; minor modification for clarity A civil infraction summons and complaint may be served on the respondent: e3_T-the date, time and place at which the infraction is alleged to have been committed. If the infraction is alleged to 4-A. iimmediately upon discovery be ongoing, the civil infractions summons of the infraction; and complaint shall so state and shall list a date on which the infraction was observed; B2. wWhere a allotice of iefteetiest—Wiolation is given and the response period in the violation notification 44. a file or reference has expired; or number; 3C. wWhere a voluntary ly e5. the date the civil eemplieuee-agreeteentVoluntary Compliance infraction summons and complaint was Agreement has been executed, whether verbal issued; or written, when the period for compliance has expired and the infraction has not been €6. the name of the code et abated. (Ord. 02 -27, Ord. 86 -20 enforcement officer issuing the citation; §1(Exhibit A(5)(D)(1)), 1986) . g7._the time, date and 1.16.220 Civil Infraction Summons location at which the respondent is to appear aAnd Complaint - Process in court; Requirements: I Comment [SL51]: 1.16.220. Existing text with h8. a notice that a minor modification for clarity. • -A. The physical form taken by a complaint based on the violation will be filed civil infraction summons and complaint is not with the court; 1 16 CouncilStnkeThru_l1 4 -1 l_SL-cf 1 -16 -13 SE Update: 6/09 14 2. by substitute service *9. the amount of the at the respondent's dwelling or office;, maximum civil penalty for the infraction; 3. by— affixing to the j10. an explanation of the main door of the property or premises, or by respondent's obligation to appear at the hearing and that a monetary judgment may be 4. certified mail, return entered for up to the maximum civil penalties receipt requested, to the respondent at his last if the respondent fails to make all required known address. court appearances; B. In the event of substitute k] 1._a space wherein the service at the respondent's dwelling, the respondent may admit having committed the person served must be at least f14 alleged infraction; years of age and residing in the respondent's place of abode. 112. the time period for returning the form to the court; C. Service at the respondent's office must be made during regular business hours. Substitute service at the respondent's ni13. a notice that, if the office must be made to the person who is respondent admits having committed the apparently in charge. infraction as charged, payment, in the amount shown on the summons and complaint or as D. If substitute service is used a agreed with the code enforcement officer true copy of the summons and complaint, pursuant to 1.16.660 of this chapter, as may together with a statement of the date, time and be appropriate, must accompany the place at which service was made, must be admission; and mailed to the respondent at the respondent's last known address. Service will be n14. a form of verification considered complete upon such a mailing. that the person signing the complaint swears that the person has reasonable grounds to E. Service by any other method believe, and does so believe, that the reasonably calculated, under all the respondent committed the alleged infraction. circumstances, to apprise the respondent of (Ord. 02 -27, Ord. 86-41 § §1 - 4, 1986; Ord. the existence and pendency of the infraction 86 -35 § §1 - 4, 1986; Ord. 86 -20 §1(Exhibit and to afford a reasonable opportunity to A(5)(DX2)), 1986). respond shall be acceptable. aF. Service on particular 16.230 Civil Infraction Summons respondents, such as minors, incapacitated aAnd Complaint - Service - persons, corporations, limited partnerships, Failure To Receive - the state, other public bodies and general Default,, partnerships shall be as prescribed for the Comment [SL52]: 1.16.230. Existing text with service of a civil summons and complaint by , minor modification for clarity A. 4 Service of the civil the Oregon Rules of Civil Procedure. infraction summons and complaint may be made by: 3S No default shall be entered against any respondent without proof that the I. personal service on respondent had notice of the civil infraction the respondent or an agent for the respondent, summons and complaint. A sworn affidavit of the °Code °Enforcement QAfficer outlining 1 16_ CouncilStrikeThru_11- 4- 11_SL -cf 1 -16 -14 SE Update: 6/09 15 the method of service, including the date, time hl4earings °Officer shall impose a civil and place of service shall create a rebuttable penalty not to exceed the maximum civil presumption that the respondent had such penalty allowed for the infraction. notice. (Ord. 02 -27, Ord. 89 -21 §1, 1989: Ord. 86 -20 §1(ExhibitA(5)(DX3)), 1986). 3. If the respondent requests a hearing, a hearing shall be 6.240 Civil Infractions Summons scheduled. (Ord. 02 -27, Ord. 86-41 §5, 1986; aAnd Complaint - Ord. 86 -35 §5, 1986; Ord. 86 -20 §1(Exhibit Respondent's Response A(5)(E)), 1986). Reg aired. Comment [SL53]: 1.16.240. Existing text with 1.16.250 No Right 11 o Jun minor modification for clarity. A4, A [ Comment [SL54]: 1.16 .250. Existing text. respondent served with a civil infraction Any hearing to determine whether an summons and complaint shall respond to the infraction has been committed shall be held complaint by personally appearing at the before the Civil civil Infraction infraction scheduled first appearance in court or by Hems- hearings AfeeFOfficer without a making a written response by mail or personal jury. (Ord. 86 -20 §1(Exhibit A(5)(FX1)), delivery to the cCourt. 1986). Athniseietr If the respondent 1.16.260 Representation bBy admits the infraction, the respondent may so Counsel, _ ( Comment [SL55]: 1.16.260. Existing text indicate on the summons and forward the form to the Gcourt. Payment in the amount of The respondent may be represented the civil penalty for the infraction, as shown by legal counsel; however, legal counsel shall on the summons or as agreed with the Geode not be provided at public expense. Written Enfereentent—enforcement Officer officer notice shall be provided to the Hearings pursuant to section 1.16.420- 660 -x€660 of hearings Officer officer and Gede -code this ehapterchapter shall be submitted with enforcement Officer officer no the response. An appropriate findings shall be later than five days prior to any appearance by entered in the records of the Civil civil legal counsel at an appearance or hearing. ilnfraction Hearings- hearings Ofeerofficer (Ord. 02 -27, Ord. 86 -20 §1(Exhibit indicating the receipt of the civil penalty. A(5XFX2)), 1986). Ca. First Appearance. If the respondent does not admit the infraction, the X1.16.270 Opportunity Tto bite Heard respondent must appear at the scheduled first - Cross - Examination: Comment [SL56]: 1.16.270. Existing text appearance in court. At a hearing a respondent shall have 1. At the first the right to present evidence and witnesses in appearance, the respondent may deny the the respondent's favor, to cross- examine any infraction and request a hearing, admit the witnesses who testify against the respondent, infraction, or not contest the infraction. and to submit rebuttal evidence. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(5)(FX3)), 1986). 2. If the respondent either admits or does not contest the infraction the respondent shall be given the opportunity 1.16.280 Witnesses.! Comment [SL57]: 1.16280. Existing text to provide a statement. Based on the statement provided by the respondent and any A. —1,--The respondent may additional information provided by the cGode request that witnesses be ordered by subpoena eEnforcement °Officer, the cGivil ilnfractions to appear at the hearing. The respondent shall 1 16 _CouncilStnkeThru_11- 4- 11_SL -cf 1 -16 -15 SE Update: 6/09 16 make such request in writing to the °court at least five days prior to the scheduled hearing. e • : ! - - - • ' Comment (a591: Current 1.16290.2 moved to B. 2— Subject to the same five- new Section 1.16.295 for clarity. day limitation, the Code — Enforcement 11.16.295 Burden of Proof Comment [SL60]: 1.16.295. New section, OfficerCodecode enforcement officer, the existing text extracted from 1.16290 citizen who signed the complaint or the The complainant or, if the City is the °ity+city aAttorney, as appropriate, may also complainant, the code eBnforeement request in writing that the °court order certain Afofficer, shall have the burden of proving witnesses the alleged civil infraction by a preponderance to appear by subpoena. of the evidence. (Ord. 86 -20 § 1(Exhibit A(5)(F)(5) and (6)), 1986). C. If a civil penalty is declared 1.16.300 Hearing - Decision Bby in the final order, the order shall also provide Hearings Officer that the respondent shall pay any witness fees - [ Comment [SL61]: 1.16.300. Existing text payable in connection with the hearing. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(5XFX4)), A. —The hNearings Offficer 1986). shall determine if the respondent committed the infraction as alleged in the complaint. 16.290 Hearing - Admissible Evidence B. When the infraction has not I Comment [SL58]: 1.16.290. Existing text with been proven, a written order dismissing the l minor modification for clarity. A., "antissible Evidence. complaint shall be entered in the court .The hearing records. shall be limited to production of evidence only on the infraction alleged in the C. When the I•Ihearings Agfficer complaint finds that the infraction was committed, written findings shall be prepared which set Bb. Viral evidence out sufficient information to substantiate the shall be taken only upon oath or affirmation commission of the infraction. administered by the civil ifnfractions hearings AQfficer. D. Written orders, including findings, shall be prepared within ten working Ce_ >4d nissil�ili��ef vi days of the oral decision. The court shall Evidence shall be admitted if it is of the type serve true copies of the 1114earings offficer's which responsible persons are accustomed to findings, order and judgment on all parties, rely on in the conduct of serious affairs, either personally or by mail. (Ord. 02 -27, regardless of the existence of any common Ord. 89 -21 §2, 1989: Ord. 86 -20 §1(Exhibit law or statutory rule which might render such A(5)(FX7)), 1986). evidence inadmissible in civil actions in courts of competent jurisdiction in this state. 1- l4).3-115 - -- - Ci P ena l ty A b a t enten t RettuiFements, Comment [51.621: 1.16.305. Text from Dd. E,telusion of Evidence. current TMC 1.16.305 moved to a new Section Irrelevant or unduly regetitiensrepetitiou, 1.16s10 and modified. evidence shall be excluded. •.. _ • e - , . • • , .. .. .39 21 §3, 1989). 1 16_ CouncilStrikeThru_11- 4- 11_SL -cf 1 -16 -16 SE Update: 6/09 17 1.16.340 Remedial Action 4412y the 11.16.310 Civil—Penal--- City -_ (ost',Summars Order Abatement: comment [SL68]: 1.16.340. Existing text with to Abate - Judicial minor modification for clarity. Subsections 2 - 6 relocated. See comments at those subsections. 4Upon finding that an infraction was committed, as determined by a Comment [a63]: 1.16.310. Current text moved from 1.16.30. . final decision of the #hearings Oofficer, the address p peals processRetitled and modified to 6city may, after obtaining a warrant to enter the property and abate the infraction, remedypmceed to heabate the infraction and ' • • • • - charge the remedial— abatement costs back to > (F)( the respondent pursuant to 1.16.4- 14680.C. Comment [a64]: 1.16.310. Current text moved For the purposes of this subsection "a final to 1.16.680.A decision of the 14hearings Aofficer" means a final decision for which judicial review was 11Jpon a finding that the infraction was not sought within the time allowed by law or a committed by the respondent, the I #earings decision of the llhearings Oofficer that was °Officer may require the issue an Order to upheld by a final decision in the judicial Abate requiring the respondent to abate the review and appeal process. ordinance infraction within a specified time period identified in the final order. Orders to Abate issued under this section may only be _ : . : _ _: •, : _ . - . - . - _. appealed ursuant to 1.16.330. (Ord. 89 -21 . .. . __ . :. e : ... , • §3, 1989). •• : : • • :: r : ' - :: ' : • : • : • : • • Comment [a65]: 1.16.310. Proposed text was . ,- - • • , • • • _ • _ - - , , . moved from 1.16.305 and modified. 11.16.320 Hearing_Records- - : - : • : :: : • ( Comment [SL66]: 1.16.320. Existing text ) _ _ The Court court shall maintain a record of the hearing proceedings. A • .. . : - : • _ . _ . . - . Z . : .. _ mechanical recording of the hearing, accompanied by any written documents, :. . correspondence or physical evidence charge the remedial eoots back to the associated with the matter matter shall be respondent [ Comment [a69]: 1.16.340.2. Text moved to sufficient to meet the requirements of this l 1.16.150.0. section. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit _ _ • . _ _ . _ _ . - e =• :: . . A(5XFX9)), 1986). 116.330 Finality Oof Decision Appeals . . . - _ - ( Comment [SL67]: 1.16.330, Existing text ) The determination of the 44hearings fed -,l l °t w. Comment [a701: 1.16.3403. Text moved to OffieeF officer shall be final. Review of the , 1.16.110. Hearing -- hearing Officer's officer's 4. The Finance Officer shall keep an determination shall be to the circuit court by writ of review, pursuant to Chapter 34 of the .. ' Oregon Revised Statutes. (Ord. 86 -20 e t _ .« - - • .. . _ _ _ . §1(Exhibit A(5)(F)(10)), 1986). 1 1 1 6 _CouncilStrlkeThru_11- 4- 11_SL -cf 1 - 16 - 17 SE Update: 6/09 18 -• e : -: ... ......... ... be -as r86 , Comment [a71]: 1.16.340.4. Text moved to I.16.680.C. 1 5. The respondent shall be entitled to 2. Upon receipt of this transcript, the 3. From the time of entry of the Sections 1.16.250 through 1.16.330 of this shunter Comment [a72]: 1.16.350.5. Text moved to 1.16.690.0 1 6. If the remedial costs are not paid, .. e .- •-: . . .- (Ord. 02 27, Ord. 99 01; Ord. 86 20 „•rvc.•ha.:. n(6 1986 , efiginal-entFy-ef-theludgnient-at-the-heaFing7 _ Comment (a73]: 1.16.340.6. Text moved to 1.16.710.C. 1. Whenever a judgment of the 1.16.350 Default Judgment _ _ - • - :- Comment [SL74]: 1.16.350. Existing text with • . .:1; _ , _ • _ • _ : _ minor modification for clarity Subject to the limitations set forth in Section 1.16.2303, a default judgment shall be entered in an amount up to the maximum extended ten years from the date of the civil penalty applicable to the charged infraction if the respondent fails to appear at the scheduled hearing. (Ord. 02 -27, Ord. 86- 5. The Finance Officer shall file the 20 §1(Exhibit A(7)), 1986). Rcgiflation . •. _ • . _ . Comment [SL75]: 1.16.360. Replaced with • administrative rules in 1.16.105. • s The Code Enforcement Officer is .. . - _ . _ . - • - , - - Comment [SL77]: Original text moved to .. .. .. _ 1.16.600 _ a. - Comment [SL76]: 1.16.370. Moved to 1.16.710 } and modified. .: Judgment QrdC , r _ Comment [SL78]: Original text moved to 1.16.620 and modified. 1 1 16_CotmcilStrikeThnr _ 11 4 -11_SL cf 1 -16-18 SE Update: 6/09 19 1.16.39Q Pena1 Payment Due Comment [SL79]: Original text moved to 1.16.610 and modified. .. _ • • • = - A( 1986). 89 21 §4, 1989). 1 16_ CouncilStrikeThru_11- 4- 11_SL -cf 1-16-19 SE Update: 6/09 20 ARTICLE III. ADMINISTRATIVE ENFORCEMENT 1.16.400 Order to Abate - Administrative 1.16.410 Abatement by the Responsible Party 1.16.420 Order to Abate - Administrative - Appeals Process 1.16.430 Abatement by the City 1.16.440 Judicial FReview ARTICLE IIIV. ADMINISTRATIVE C. Prior to mailing or posting an ENFORCEMENT Order to Abate, the code enforcement officer must have probable cause to believe that a civil infraction exists, based on personal 1.16.400 Penalty observation of the violation by the code girder to enforcement officer or other credible Abate — Administrative authority. Comment ratio]: 1.16.400. New section establishing administrative Order to Abate. D. The code enforcement officer shall cause a copy of the Order to Abate to be posted on the premises at the site of the following categories• violation. 1. Class I i aeHo Rs E. An Order to Abate shall be mailed by first class or certified mail to the last known address of the responsible party. An Order to Abate shall contain: c 0xh 4 (4 `(^" 19 8 6 ` 1. a description of the Comment ra81]: 1.16.400. Existing text moved real property, by street address or otherwise, to 1.16.630. A. Upon finding any of the on which the infraction exists. following the code enforcement officer may cause an Order to Abate to be posted on the 2. the date of the order. subject property and mailed to the owner and each other known responsible party: 3. a direction to abate 1. a violation exists, or the infraction within no less than 10 days and no more than 30 days from the date of the 2. any responsible party order. is not responsive or cooperative after receiving a Letter of Complaint, or 4. a description of the infraction. 3. a recipient failed to comply with the terms of a Voluntary 5. a statement that. Compliance Agreement, unless the infraction is removed: B. The order shall require the a. a warrant respondent to abate the ordinance infraction may be obtained, within a specified time period. 1 16 _CouncilStrikeThru_11 4 11_SL - cf 1 - 16 - 20 SE Update: 6/09 6 21 b. the city may abate the infraction, and Comment [a83]: 1.16.410. Existing text moved to 1.16.640. c. the cost of abatement will be charged to the responsible A. Within the timeline specified party. in the Order to Abate, the responsible party shall abate the infraction or appeal the Order 6. a statement that to Abate pursuant to 1.16.420. failure to abate an infraction may result in imposition of an administrative fee or lien on B. Any responsible party the property. intending to abate the infraction shall provide notice to the ecode Eenforcement °officer 7. a statement that the before abating the infraction and shall allow responsible party may protest the Order to the ccity to inspect during and on completion Abate by giving notice to the code of the abatement. The notification shall state enforcement within 10 days following the how the infraction will be abated, when it will date of the order. Contact information for the be abated, and who will be abating it. code enforcement officer shall be included in the Order to Abate. 1.16.115 Penalty Repeat F. Upon completion of mailing 'iolat+AHs. Comment [SL84]: 1.16.415. Moved to 1.16.650 and posting, the persons mailing and posting shall execute and file certificates stating the date and place of the mailing and posting, respectively. 1 1C 410 a s h a ll b G. An error in the address or name of the responsible party shall not make the Order to Abate void, and in such case the posted notice shall be sufficient. 1.16.410 Penalty — Assessment-Abatement b■ the Responsible Party Comment [a82]: 1.16.410. New section requiring abatement by responsible party j The civil penalty to be 2a3. 1.16.420 —Penalty—Prior-to follows: #earingJOrder to Abate — Administrative — Appeal 1. For Class I infractions, Process Comment [a85]: 1.16.420. New section providing appeal process for administrative enforcement option. Tbe-Gode-Enforeement-Oftieer-is 2. For Class 2 infractions, one-hondr-etl-fift 3. For Class 3 infractions, I 1 16 CouneilStnkeThru_l1 4 -1l_SL of 1 -16 -21 SE Update: 6/09 22 , . ,? party for the infraction should not be given Comment (a86]: 1.16.420. Existing text moved the opportunity to abate only if the civil to 1.16.670. infractions hearings officer finds that the responsible party for the infraction is unlikely A. A responsible party to properly abate the infraction. The protesting that the alleged infraction does not determination that a responsible party is exist shall file with the code enforcement unlikely to properly abate the infraction shall officer a written statement specifying the be based on the findings as to one of the basis for the protest before the abatement date following: specified in the order or at most within 10 days of the date of the notice. Standing to 1. whether the person protest is limited to a responsible party. acted intentionally or whether the infraction is - egregious: or B. Upon receipt of a written statement of protest from a responsible party, 2. whether the person the code enforcement officer shall, within 10 had knowledge that the action was a violation days of receipt of the protest, schedule a of state law or city code: or hearing before the civil infractions hearings officer, to be held within 30 days of receipt. 3. whether the person has the professional expertise to perform the abatement. C. At the hearing set for consideration of the infraction, the person protesting may appear and be heard by the Comment [a87]: 1.16.425. Existing text moved civil infractions hearings officer and the civil to 1.16.670. infractions hearings officer shall determine whether or not an infraction in fact exists. The city m a n a g e r is authorized t o d r a f t a n d - - - . - • - , • • . - - . • . adopt rules and policies to provide f o r a civil :- - - - •• • • : :, infractions hearings officer review process , - , : e • - _- _ - - - e. !. consistent with this subsection and principles (Ord. 02 27, Ord. 86 20 §1(Exhibit A(8)(E)), of due process. The civil infractions hearings -1- 986�:f officer's determination shall be required only in those cases where a written protest has ili Comment [81881: 1.16.430. New section been filed as provided in this section. providing for abatement by the city under warrant If, within the time allowed, the D. If the civil infractions infraction has not been abated by the hearings officer determines that an infraction responsible party, the city manager may cause does in fact exist, the responsible party shall, the infraction to be abated by securing an within five days after the civil infractions abatement warrant pursuant to sections hearings officer's determination, abate the 1.16.110 through 1.16.114. infraction, unless the civil infractions hearings officer determines that the responsible party 11.16.440 Judicial Review' Comment [SL89]: 1.16.440. New section should not be given the opportunity to abate regarding judicial review of a decision by the civil or unless the civil infractions hearings officer Judicial review of a decision of the infractions hearing officer of an appeal decision allows a period of time greater than civil infractions hearings officer on the appeal five days. of an Order to Abate shall be on the record by writ of review pursuant to ORS Chapter 34 E. The civil infractions hearings and not otherwise. officer may determine that the responsible 1 16_ CouncilStrikeThru_11- 4- 11_SL -ef 1-16-22 SE Update: 6/09 23 ARTICLE IV. PENALTIES, FEES AND COSTS 1.16.600 Continuous Infractions 1.16.610 Failure to Comb With Judgment Order, Order to Abate or Notice of Assessment 1.16.620 Penalties, Fees and Costs - Payment 1.16.630 Penalties and Fees - Classifications 1.16.640 Penalties and Fees - Amounts to be Assessed 1.16.650 Penalties and Fees - Repeat Violations 1.16.660 Penalties and Fees - Prior to First Appearance in Court 1.16.670 Delinquent Civil Penalties. Fees and Costs 1.16.680 Penalties. Fees and Costs - Assessment 1.16.690 Administrative Fees and Costs - Notice of Assessment 1.16.700 Administrative Fees and Costs - Notice of Objection and Hearing 1.16.710 Penalties, Fees and Costs - Collection, Lien Filing and Docketing ARTICLE IV. PENALTIES. FEES AND COSTS 11.16.380600 Continuous Infractions] _ C. Failure to comply with a Comment [SL90]: 1.16.600. Existing text, judgment order, an Order to Abate or a Notice , moved from current 1.16.380. When an infraction is of &continuous of Assessment is a continuous infraction and a nature, unless otherwise specifically provided, separate infraction will be deemed to occur a separate infraction shall be deemed to occur each calendar day the failure to comply on each calendar day the infraction continues infraction continues to exist past the time to exist. (Ord. 86 -20 §1(Exhibit A(8)(A)), allowed in the judgment order. (Ord. 89 -21 1986). §4, 1989). 1.16.388M Failure Tto Comply With Judgment Order. Order to 1.16.340620 Penalties,v Fees and Costs - Abate or Notice of Payment Due When Comment [a92]: 1.16.620. Existing text, moved Assessment from cunent 1.16.390. Any civil penalty administrative fees, ' Comment [SL91]: 1.16.610. Existing text, A. Failure to comply with a or costs assessed shall be paid no later than 30 moved from current 1.16.385, expanded to include *�, a^. n administrative process. judicial Order to Abateabate an infraction or days—days softer the final order or pay thea civil penalty or court costs imposed the date of notice. Such period may be within the time allowed for abatement or extended payment shall constitute a Class I civil Otfieeibv the code enforcement officer for the infraction. administration process or upon order of the hearings officer .officer. (Ord. 86 -20 B. Failure to comply with an §l(Exhibit A(8XB)), 1986). administrative Order to Abate an infraction or to pay an administrative fee or statement of 1.16.400630 Penaltiesv and AI administrative or abatement costs within the Classifications Comment [SL93]: 1.16.630. Existing text, time allowed for such abatement or payment moved from current 1.16.400 in a Notice of Assessment shall constitute a For the purpose of determining civil Class I Civil Infraction. penalties and administrative fees, infractions are classified in the following categories: 1 1 16_CouncilStrikeThru_l1 4- 11_SL -cf 1 -16 -23 SE Update: 6/09 24 found in violation of a second and similar A. Class 1 infractions; violation within 24_-months of the initial violation and quadrupled in the event of a B. Class 2 infractions; third or subsequent repetition within 24- months of the initial violation. (Ord. 02 -27). C. Class 3 infractions. (Ord. 86- 20 §1(Exhibit A(8XC)), 1986). 11.16.420660 Penaltiesv and Fees - Prior K16.410640 Penaltyies and Fees — to First Appearance in Amounts to he Court Comment [SL96]: 1.16.660. Existing text, Assessedinent moved from current 1.16.420 and expanded to The Geode 1.`enforcement °officer is include administrative process and fees The civil penalty or administrative lee authorized to reduce the amount of the-a civil Comment [SL94]: 1.16.640. Existing text moved from current 1.16.410. to be assessed for a specific infraction shall be penalty that could be imposed or the amount as follows: of an administrative fee te- be- paid -by -lie cespendenh if compliance has been achieved A4-. For Class 1 infractions, and the - penalty amount is to be paid in full on or before the time and date of the first 1. an amount not to appearance in court or before the timeline set exceed $250 per day out in a Letter of Complaint or an Order to under either the judicial or the administrative Abate. (Ord. 02 -27). enforcement process. or 1.16.425670 Delinquent Givil- Penalties, 2. under the Fees and Costs Comment (a97]: 1.16.670. Existing text, moved administrative enforcement process. an from 1.16.425 and expanded to include administrative fees. amount: Delinquent civil penalties, a. computed in a administrative fees, or costs and manner established by administrative rule thesepenalties imposed by default judgment pursuant to 1.16.105 ay-in be collected or b. for the entire enforced pursuant to Oregon Revised Statutes period the violation exists and not for each 30.310 or any other method. (Ord. 02 -27, day of the violation. Ord. 86 -20 §1(Exhibit A(8XE)), 1986). Ba. For Class 2 infractions, an amount not to exceed one—hundred—fifty ,1.16.680 Penalties, FeiMEIM delleis$150 Der day; Assessment _ Comment [SL98]: 1.16.680. New section, subsection A is text from current 1.16.310 with B C. For Class 3 infractions, an A. Upon a finding by the civil and C added to encompass administrative fees and � g abatement costs amount not to exceed fifty-delkwalamAy. infractions hearings officer that an infraction (Ord. 86 -20 §1(Exhibit A(8)(D)), 1986). was committed by the respondent the civil infractions Hhearings Oofficer may assess a 4 C50 - Penalties* and Fees di civil penalty pursuant to Sections 446380 Repeat Violations 1.6.600 _ through 1.16.120 1.16.650ef -this Comment [sL95]: 1.16.650. Existing text, chapter, plus hearing costs, moved from current 1.16.415 with minor revisions The maximum amounts of the any civil penalties and administrative fees set forth in 1.16.640.A.1 B. Upon a finding by the code 1.16.640.B and 1.16.640.0 above shall be enforcement officer that an infraction was doubled in the event that the respondent is committed by the respondent and if. within 1 16 CouncilStrikeThru l 1-4 -11 SL-cf 1 -16 -24 SE Update: 6/09 25 the time allowed in an Order to Abate, the officer shall, within 10 days, cause a hearing infraction has not been abated by the to be scheduled to be held within 30 days responsible party, the code enforcement before the civil infractions hearings officer. officer may assess an administrative fee The civil infractions hearing officer shall hear pursuant to Sections 1.16.600 through the objection and determine the amount of the 1.16.650, plus costs. fee and costs to be assessed including the costs to the city of responding to the objection C. For abatement of a violation if the city's position is sustained. by the city by judicial process pursuant to Section 1.16.340 or administrative process 4.16.710 Penalties, Fees and Costs — pursuant to Section 1.16.430 the code Collection, Lien Filing and enforcement officer shall keep an accurate Docketing _ Comment [SL101]: 1.16.710. New section to record of the costs incurred by the city in provide for documentation of penalties, fees, and costs and the means of collecting them. Subsections abating the violation. The total amount of A4. When a judgment is rendered A, D, and H are drawn from current 1.16.370.1, 2, & these charges will be assessed against the by the hearings officer in favor of the city for 5. Subsections B, D, F, F, & G added to clarify and responsible party as the cost of abatement. the sum often- dollarss$100 or more. exclusive modernize the described process. of cost the €code 4.16.690 Administrative Fees and Eenforcement Aoficer shall, at any time Costs - Notice of Assessments thereafter while the judgment is enforceable, Comment (a99]: 1.16.690. New section creating file with the city Ffinance Aoflicer a Notice of Assessment. Upon the assessment of certified transcript of all those entries made in administrative fees or costs pursuant to the docket of the hearings officer with respect Section 1.16.680 the code enforcement officer to the action in which the judgment was shall forward to all persons responsible for the entered. violation a Notice of Assessment stating: B. Upon rcooipt of this A. the total administrative fees and costs, if any, assessed for the violation; = City's lion docket. An assessment of the B. that the total amount of the administrative fees and costs as stated in the fees and costs as indicated will be assessed to Notice of Assessment shall be made if: and become a lien against the property of persons responsible for the violation unless 1. no objection to paid within 30 days from the date of the administrative fees and costs is filed as notice: provided in Section 1.16.700 or; C. that any responsible party for 2. fees or costs remain the fees and costs may file a written notice of applicable following a hearing on an objection objection to the amount of the fees and costs and the fees and costs are not paid within 30 with the code enforcement officer not more days from the date of the notice or the date of than 10 days from the date of the notice. the hearing order. 11,16.700 Administrative Fees and C. The code enforcement officer Costs - Notice of Objection shall file with the city finance officer a and Hearing certified statement _of_the total fees and costs comment [SL100]: 1.16.700. New section to due. provide for an appeal of an assessment of fees and costs A- -If an objection to an administrative fee or costs is filed as provided D. Upon receiving the statement in Section 1.16.690. the code enforcement of total fees and costs due or the certified 1 1 16_CouncilSmkeThru_11 4 11_SL -cf I - 16 - 25 SE Update: 6/09 26 transcript, the Acity €finance Aofficer shall G. An error in the name of any enter that total on the Acity's lien docket. person to whom notice is sent shall not void the assessment, nor will a failure to receive E. The city may bring legal the notice of the proposed assessment render action to collect any civil penalties, fees, costs the assessment void, but it shall remain a valid or interest provided for in this chapter. The lien against property of the responsible party city may also use a professional collection for the violation. agency, or cause the full amount of civil penalties, fees, costs or interest owed to be H. The Ffinance Aofficer shall entered into the city's lien docket and, from file the statement of total fees and costs due or the time of entry on the city's lien docket it the transcript of the court judgment with the shall constitute a lien upon property of all Washington County Clerk for entry in the persons responsible for the violation. judgment docket of the circuit court. All costs associated with the filing of the transcript F. A lien shall bear interest at shall be added to the amount of the judgment the rate of nine percent per year. Such interest statement. shall commence to run from date of the entry of the lien in the lien docket. 1 16_CouncilStrikeThru _ 1 4- I1_SL -cf 1 -16 -26 SE Update: 6/09 Table of Proposed Revisions in 1.16 Section Number in Section Title in New Section Number Section Title Explanation of Revision New pg. # New Chapter 1.16 Chapter 1.16 in Original TMC Original TMC (on clean copy) ,, k 4 G,F RAL PROVISIONS '' a ^tip , r $1 A ° r p.a „� , � ' "'. 1.16.010 Title For Provisions Same Number Same Title AP changes only P. 3 1.16.020 Establishment and Purpose Same Number Same Title Modified to allow for both judicial and p. 3 administrative abatement 1.16.030 Definitions Same Number Same Title Modified and Expanded - Substantial p. 4 additions 1.16.040 Use Of Language Same Number Same Title AP changes only P. 5 1.16.050 Reference To State Law Same Number Same Title AP changes only P. 5 1.16.060 Culpability, Not Exclusive, Same Number Culpability - Modified to allow for both judicial and p. 5 Remedies Cumulative Chapter Provisions administrative process Not Exclusive 1.16.065 Liability - - New Section - added for clarity P. 5 1.16.070 Effect Of This Chapter Same Number Same Title AP changes only p. 6 1.16.080 Severability Same Number Same Title AP changes only p. 6 1.16.090 Reports Of Infractions Same Number Same Title AP changes only p. 6 1.16.100 Assessment by Code Same Number Assessment Title and text modified for clarity p. 6 Enforcement Officer 1.16.105 Administrative Rules - New Section - added to authorize p. 6 administrative rules per 2.04 1.16.110 Warrants - Right of Entry - Notice - Validity New Section - added to codify warrant p. 7 (repealed Ord. 02- procedures 27) 1.16.111 Warrants - Grounds for - - New Section - added to codify warrant p. 7 Issuance procedures 1.16.112 Warrants - Procedure for - - New Section - added to codify warrant p. 8 Issuance procedures 1.16.113 Warrants - Execution - - New Section - added to codify warrant p. 8 procedures Page 1 Current as of 11 -7 -11 Table of Proposed Revisions in 1.16 Section Number in Section Title in New Section Number Section Title Explanation of Revision New pg. # New Chapter 1.16 Chapter 1.16 in Original TMC Original TMC (on clean copy) 1.16.114 Warrants - Disposal of Siezed - - New Section - added to codify warrant p. 8 Property procedures 1.16.115 Voluntary Compliance 1.16.200 Same Title Moved to Article I and modified - p. 8 Agreement minor revisions 1.16.120 Notice - Notice of Violation Same Number Notice Modified - Retitled and administrative p. ') and Letter of Complaint process added 446430 DELETED (number not - Notice - Class 2 and REPEALED Ord. 02 -27 - reassigned) 3 Infractions 1.16.140 Time To Abate Infraction Same Number Same Tide Modified - adds administrative process p. 9 After Notice 1.16.150 Immediate Remedial Action Same Number Same Tide Modified - adds administrative P. 9 Required When process. Proposed subsection C moved from current TMC 1.16.340.2 for clarity and consistency ALTLIZU. JUDICIAL ENFORCEMENT 1.16.160 Notice - Methods of Service Same Number Notice - Methods Modified - Retitled and modified to p. 10 clarify the Notice of Violation process 1.16.170 Notice - Computation Of Same Number Same Title Modified - minor update p. 11 Time Period 1.16.180 Notice - Information Same Number Same Title Modified - minor update p. 11 1.16.190 Failure To Respond To Same Number Same Title Modified - minor update p. 11 Notice 4467200 DELETED (number not 1.16.200 Voluntary Moved original text to 1.16.115 and -F31 reassigned) Compliance modified to add administrative process Agreement 1.16.210 Civil Infraction Summons Same Number Same Tide Modified - minor update p. 11 And Complaint - Timing Page 2 Current as of 11 - - 11 Table of Proposed Revisions in 1.16 Section Number in Section Title in New Section Number Section Title Explanation of Revision New pg. # New Chapter 1.16 Chapter 1.16 in Original TMC Original TMC (on clean copy) 1.16.220 Civil Infraction Summons Same Number Same Title Modified - minor update p. 12 And Complaint — Process Requirements 1.16.230 Civil Infraction Summons Same Number Same Title Modified - minor update p. 13 And Complaint - Service - Failure To Receive - Default 1 .16.240 Civil Infraction Summons Same Number Same Title Modified - minor update p. 1 And Complaint - Respondent's Response Required 1.16.250 No Right To Jury Same Number Same Title AP changes only p. 14 1.16.260 Representation By Counsel Same Number Same Title AP changes only p. 14 1.16.270 Opportunity To Be Heard - Same Number Same Title AP changes only p. 14 Cross - Examination 1.16.280 Witnesses Same Number Same Title AP changes only p. 14 1.16.290 Hearing - Admissible Same Number Same Title Modified - minor update p. 14 Evidence. 1.16.295 Burden of Proof 1.16.290.B Same Title New section - extracted from 1.16.290 p. 14 into separate provision 1.16.300 Hearing - Decision By Same Number Same Title AP changes only p. 15 Hearings Officer 1.16.305 DELETED (number not 1.16.305 Civil Penalty - Text from current TMC 1.16.305 has -F43 reassigned) Abatement been placed into 1.16.310. Requirements Provision number 1.16.305 has been deleted. Page 3 Current as of 11 -7 -11 Table of Proposed Revisions in 1.16 Section Number in Section Title in New Section Number Section Title Explanation of Revision New pg. # New Chapter 1.16 Chapter 1.16 in Original TMC Original TMC (on clean copy) 1.16.310 Order to Abate - Judicial 1.16.310 Civil Penalty - Moved into 1.16.680.A with minor p. 15 Assessment of Fees update, replaced with text from 1.16.305 1.16.320 Hearing - Records Same Number Hearing - Records AP changes only p. 15 1.16.330 Finality Of Decision - Same Number Same Title AP changes only p. 15 Appeals 1.16.340 Remedial Action By City — Same Number Remedial Action By Modified - Subsections moved to p. 15 Summary Abatement City - Costs (see clarify processes explanation) • 1.16.340.3 moved to 1.16.110 • 1.16.340.4 moved to 1.16.680.0 • 1.16.340.5 moved to 1.16.690.0 • 1.16.340.6 moved to 1.16.710.0 • 1.16.340.7 moved to 1.16.150.0 1.16.350 Default Judgment Same Number Default Judgment Minor update p. 15 4744:460 DELETED (number not 1.16.360 Enforcement - Replaced with Section 1.16.105, - reassigned) Rules And Administrative Rules Regulations 1.16.370 DELETED (number not 1.16.370 Lien Filing And Lien Filing And Docketing - Text - reassigned) Docketing moved to 1.16.710 and modified to include administrative process 47447380 DELETED (number not 1.16.380 Continuous Original text moved to 1.16.600 - reassigned) Infractions Page 4 Current as of 11 -7 -11 Table of Proposed Revisions in 1.16 Section Number in Section Title in New Section Number Section Title Explanation of Revision New pg. # New Chapter 1.16 Chapter 1.16 in Original TMC Original TMC (on clean copy) 1.16.38-5 DELETED (number not 1.16.385 Failure to Comply Original text moved to 1.16.610 - reassigned) with Judgment Order 41447490 DELETED (number not 1.16.390 Penalty - Payment Original text moved to 1.16.620 - reassigned) Due When ARTICLE W. AD ha� ' �R �N r 1. 16.400 Order to Abate - 1.16.400 Penalty New Section - Original text moved to p. 16 Administrative Classification 1.16.630 1.16.410 Abatement by Responsible 116.410 Penalty - New Section - Original text moved to p. 17 Party Assessment 1.16.640 1.16.415 DELETED (number not 1.16.415 Penalty - Repeat Moved original text to 1.16.650 - reassigned) Violation 1.16.420 Order to Abate - 1.16.420 Penalty Prior to New Section - Original test moved to p. 17 Administrative - Appeal Hearing 1.16.660 Process 1.16.425 DELETED (number not 1.16.425 Delinquent Civil (Delinquent Civil Penalties moved to - reassigned) Penalties 1.16.670) 1.16.430 Abatement by the City - - New Section p. 17 1.16.440 Judicial Review - - New Section p. 18 ARTICLE III. PENALTIES, PEES A ND COSTS 1.16.600 Continuous Infractions 1.16.380 Continuous Moved and modified to add p. 18 Infractions administrative process 1.16.610 Failure To Comply With 1.16.385 Failure To Comply Moved and modified to add p. 18 Judgment Order, Order to With Judgment administrative process Abate or Notice of Order Assessment Page 5 Current as of 11 -7 -11 Table of Proposed Revisions in 1.16 Section Number in Section Title in New Section Number Section Title Explanation of Revision New pg. # New Chapter 1.16 Chapter 1.16 in Original TMC Original TMC (on clean copy) 1.16.620 Penalties, Fees and Costs - 1.16.390 Penalty - Payment Moved and modified to add p. 18 Payment Due When administrative process 1.16.630 Penalty and Fees - 1.16.400 Penalty - Moved and modified - minor update p. 18 Classifications Classifications 1. I 6 .6 Penalty and Fees - Amounts 1.16.410 Penalty - Moved and modified to add p. 19 to be Assessed Assessment administrative process 1.16.650 Penalty and Fees - Repeat 1.16.415 Penalty - Repeat Moved and modified - minor update p. 19 Violation Violation 1.16.660 Penalty and Fees - Prior to 1.16.420 Penalty - Prior to Moved and modified - minor update p. 19 First Appearance in Court Hearing 1.16.670 Delinquent Civil Penalties, 1.16.425 Delinquent Civil Moved and AP changes only p. 19 Fees and Costs Penalties 1.16.680 Penalties, Fees and Costs - 1.16.310 Civil Penalties Moved and modified to add p. 20 Assessment Assessment of Fees administrative process 1.16.690 Administrative Fees and - - New Section p. 20 Costs - Notice 1.16.700 Administrative Fees and - New Section p. 20 Costs - Notice of Objection and Hearing 1.16.710 Judicial Penalties, 1.16.340 and Remedial Action by Consolidated from 1.16.340 and p. 20 Administrative Fees and 1.16.370 the City and Lien 1.16.370 - modified to add Costs - Lien Filing and Filing and administrative process Docketing Docketing Page 6 Current as of 11 -7 -11 a 114 Title: Letter of Complaint Issuance : Procedure TIGARD Administrative Rule No. 01.16.120 - 01 - 01 TMC # Rule # Version # Effective Date: TBD — Example Draft Administrative Rule 1. Description Section 1.16.120 of the Tigard Municipal Code authorizes a code enforcement officer to issue a Letter of Complaint to a responsible party for an apparent violation of the code. Section 1.16.105 authorizes the city manager or designee to formulate administrative rules regarding procedures for such issuance. The following administrative rules will be followed by staff in providing such notice. 2. Sections A. Staff will send a Letter of Complaint to the responsible parties for a property after: (1) A complaint about a nuisance violation has been received or the city has otherwise become aware of a potential violation; (2) The complaint has been accepted as being valid; (3) The owner and /or occupant has been identified; (4) A decision has been made to follow the administrative enforcement process. B. A Letter of Complaint shall be phrased as a request for compliance (as opposed to an Order to Abate) and shall include the following items and information: (1) Name and address of the responsible party; (2) The address of the alleged violation. (3) Tigard case number (Accela Record Number); (4) A description of the alleged violation, e.g., "high weeds and grass ;" (5) Optional: a text description of the violation, e.g., "high weeds and grass in the front and rear yards:" (6) A citation of the relevant section of the Municipal Code. (7) A statement as to whether the alleged violation has been verified. (8) A statement that the alleged violation constitutes a Class One Civil Infraction subject to penalties of up to $250 per day. (9) A timeline for bringing the property into compliance. (10) An invitation to contact Code Compliance if the addressee believes that they are not out of compliance or that there has been some other error. (11) A statement that the city may use an abatement service to correct violations. Administrative Rule No. 01.16.120 — 01 — 01 Effective Date: TBD Page 1 C. An example letter is attached as Exhibit 1. Approved by: Martha L. Wine, City Manager Date )111111111111P . Administrative Rule No. 01.16.120 — 01— 01 Effective Date: TBD Page 2 Administrative Rule No. 01.16.120 — 01 - 01 Exhibit 1, Letter of Complaint, page 1. <date> <violator name> <violator address> <violator city> Re: Code Compliance Request Record Number: <Record Number> Dear <violator name >: This requests your cooperation in resolving a complaint that we have received regarding your property at <violation address> in Tigard. Code compliance is an important aspect of neighborhood livability and community pride. The City of Tigard values the quality of our neighborhoods and favors timely response to code compliance requests. The city particularly appreciates having your voluntary cooperation and compliance and we look forward to hearing from you. The complaint indicates that your property is in violation of Tigard Municipal Code provisions regarding: <violation(s)> <violation text> We have not yet verified these violations nor have we assessed any penalties. If you can confirm that no violation exists or if you correct it voluntarily within 20 days as discussed below, we will not assess penalties and there will be no court record. Each violation described above constitutes a Class One Civil Infraction under the code and is subject to a penalty of up to $250 per day per violation and /or abatement by the city at the property owner's expense. Included below are the relevant regulations pertaining to property use and maintenance, as well as a description of the city's code compliance process. <code citation(s)> You have 20 calendar days from the date of this letter to respond to this compliance request. The city requires confirmation that your property is in compliance with all regulations cited above in one of two ways: Administrative Rule No. 01.16.120 — 01 - 01 Exhibit 1, Letter of Complaint, page 2. • If your property is not currently in compliance, please take appropriate action to bring your property into compliance and notify the city of this action. • If you believe you have received this letter in error or you believe your property is not out of compliance, please contact us so we can discuss this further. Please respond in writing and reference record number <Record Number >. You can send photos or other documentation to codecompliance( tigard- or.gov, or mail it to City of Tigard Code Compliance, 13125 SW Hall Blvd., Tigard, OR 97223. If you do not contact us, we will have no way of knowing that the potential code infraction has been resolved or that the request was in error and we may then follow up with other actions including on -site inspection and a possible summons and complaint. This letter also serves as your first formal notice that the City of Tigard may use an abatement service to correct persistent code infractions. The cost of this service is at the expense of the property owner and can include a lien on the property. This is in addition to the potential civil penalties discussed above. Your prompt response will be appreciated. It is important to us that Tigard remain a safe, clean, and attractive community. Thank you for your assistance in maintaining Tigard as "A Place to Call Home." Sincerely, Code Compliance City of Tigard III Title: Administrative Fee Determination ., Procedure iIt 1I. a Administrative Rule No. 01.16.640 - 01 - 01 TMC # Rule # Version # Effective Date: TBD — This is an example of possible rules 1. Description Pursuant to TMC 1.16.640.A.2 staff will determine the amount of any administrative fee to be imposed for a Class I Civil Infraction using the following procedure with reference to the Administrative Fee Calculation Schedule shown as Exhibit 1 attached. The numbered steps below correspond to the numbered steps on the schedule. 2. Sections A. Evaluate the respondent's role in causing and curing the violation in terms of: (1) Step 1. Effort, (2) Step 2. Promptness of response, (3) Step 3. Degree of cooperation, (4) Step 4. Cause of the violation, (5) Step 5. Knowledge or awareness, and (6) ,Step 6. Severity of the violation. B Enter those evaluations in the Administrative Fee Calculation Schedule using the 1, 2, or 3 ratings shown in the schedule. This may be done using the Excel version of the schedule or manually, using a hard copy. Excel will automatically perform the r athemadcal calculations marked with an asterisk ( *) below. For any ratings other than 1 enter explanatory notes on page two of the schedule. (1) Step 7. Add the six evaluation ratings.* C. Determine the Full Base Penalty. (1) Step 8. Multiply by twenty -five dollars ($25.00) to determine the Full Base Penalty.* D. Discount Penalty for Timely Compliance. (1) Step 9. Enter 1 if compliance was achieved after the given timeline but within 30 days, 0 if not within 30 days. Administrative Rule No. 10.16.640 -01 -01 Effective Date: To he determined — this is a sample. Page 1 (2) Step 10. Discount the Full Base Penalty ( #8) by 50% for compliance within 30 days.* (3) Step 11. Enter 1 if compliance was achieved within the given timeline, 0 if not. (4) Step 12. Reduce penalty to zero for compliance within timeline.* E. Determine Late Compliance Penalty. (1) Step 13. Enter the number of months in violation with 0 for less than one month. (2) Step 14. Multiply the number of months times the F Base Penalty ( #8) to • determine the Late Compliance Penalty.* F. Determine Total First Violation Penalty (1) Step 15. If #9 + #11 is greater than ze - zero, • . 'se add #8 + #14 to determine Total First Violation Penal +. * G. Modify Penalty for Compassionate e tWjustment. (1) Step 16. Enter a percentage for a Compassionate Ad stment, if a. opriate, e.g., if respondent is elderly, • , citated, or otherwise impaired from coming into prompt compliance. Choose 0, • 100 %. (2) Step 17. Multiply #15 by • 6 -rmine Adj First Violation Penalty.* H. Increase Penalty-for Repeat Violati (1) Step 18. Enter 1 if this is the seco a such vio ' on within 24 months, otherwise enter 0. (2) Step 19. Multiply #18 by $250.00 to • e Second Repeater Penalty.* Step 20. Enter 1 if this is the third s a violation within 24 months, otherwise enter 0. (4) Step 21. Multiply #20 by $250.00 to determine Third Repeater Penalty.* I. -termine Total Penalty. (1) i. . Deter" Total Penalty This Violation by a. If #16 is grater than zero, add #17 + #19 + #21,* otherwise b. If #9 + #11 = zero, add #15 + #19 + #21,* otherwise c. Let #Lt = #15.* Approved by: Martha Wine, City Manager Date Administrative Rule No. 10.16.640 -01 -01 Effective Date: To be determined — this is a sample. Page 2 City of Tigard Nuisance Code Enforcement -- Administrative Fee Calculation Instructions: Enter your rating for 1 -6 (required), and 8, 10, 12, 15, 17, 19 as appropriate. 1. EFFORT 1 1= Active attempt to correct violation. 2 = Minor attempt to correct violation. 3 = Little or no effort to correct violation. 2. PROMPTNESS OF RESPONSE 1 1= Very prompt response. 2= Delayed response. 3 = Dilatory response. 3. DEGREE OF COOPERATION 1 1= Highly cooperative. 2 = Reluctant but voluntary. 3 = Uncooperative. 4. CAUSE OF THE VIOLATION 1 1 = Unintentional or caused by others. 2 = Negligence. 3 = Intentional or Reckless Disregard. 5. KNOWLEDGE /AWARENESS 1 1= Unaware action constituted a violation. 2 = Reasonably should have known. 3 = Aware from previous enforcement, permits, etc. 6. SEVERITY OF THE VIOLATION 1 1= No fire, life safety, injury, or property damage hazard. 2 = No fire, life safety, or injury hazard; some damage to property or environment. 3 = Fire, life safety, or injury hazard; significant damage. to property or environment. 7. SUM OF 1- 6 6 X $25.00 8. FULL BASE PENALTY $150.00 (Sum of 1 -6) x $25.00 TIMELY COMPLIANCE 9. 30 DAY COMPLIANCE 0 1= Yes, if complied after Time Line but within 30 days. 0 = Not within 30 days. 10. DISCOUNTED BASE PENALTY 0 Base Penalty Discounted 50% for compliance within 30 days. 11. TIME LINE COMPLIANCE 0 1= Yes, if complied within Time Line. 0 = Not within Time Line. 12. TIME LINE PENALTY 0 Base Penalty Reduced to zero for compliance within Time Line. LATE COMPLIANCE 13. MONTHS I N VIOLATION 0 Months in violation from first notice. 0 = <1; 1 = >1; 2 = >2; 3 = >3. 14. LATE COMPLIANCE PENALTY $0.00 Number of months times base penalty. 15. TOTAL FIRST VIOLATION PENALTY $150.00 TOTAL PENALTY FOR FIRST VIOLATION 16. COMPASSIONATE ADJUSTMENT 0% Enter 0, 25, 50, OR 100 (leave off the percent sign) 17. ADJUSTED FIRST VIOL. PENALTY $150.00 TOTAL ADJUSTED PENALTY FOR FIRST VIOLATION REPETITION OF THE SAME VIOLATION WITHIN 24 MONTHS: 18. 2ND REPEAT VIOLATION 0 1 = Yes, 0 = No for second same violation withing 24 months. 19. 2ND REPEATER PENALTY 0 $250.00 20. 3RD REPEAT VIOLATION 0 1= Yes, 0 = No for third same violation withing 24 months. 21. 3RD REPEATER PENALTY 0 5250.00 22. TOTAL NAI $150.00 TOTAL PENALTY THIS VIOLATION Please complete memoranda on othe side. Administrative Rule No. 01,16,640.A.2 -01 -01 Exhibit 1 Version 10/27/11 p.1. City of Tigard Nuisance Code Enforcement -- Administrative Fee Memoranda INSTRUCTIONS: Enter notes as to the basis for the entries on page 1. 1. EFFORT 2. PROMPTNESS OF RESPONSE 3. DEGREE OF COOPERATION 4. CAUSE OF THE VIOLATION 5. KNOWLEDGE /AWARENESS 6. SEVERITY OF THE VIOLATION 8. 30 DAY or TIMELINE COMPLIANCE 15. COMPASSIONATE ADJUSTMENT p.2. TIGARD MUNICIPAL CODE Chapter 7.42 CHRONIC NUISANCE PROPERTY. (1) The owner and the owner's agent, as shown on the tax rolls of Washington County; Sections: (2) The resident of the property, as shown 7.42.010 Short Title. on the records of the Water Department. 7.42.015 Incorporation Of State Statute. 7.42.020 Definitions. (c) After three occurrences of any of the acts or 7.42.030 Chronic Nuisance Property. behaviors listed in Section 7.42.020(c) of this 7.42.040 Prefiling Notification Code within a 60 day period, notification shall be Procedure. provided as described in Subsection (b) of this 7.42.045 Commencement Of Actions; section. (Ord. 94 -11). Summons And Complaint. 7.42.050 Remedies. 7.42.045 Commencement Of Actions; 7.42.060 Defenses; Mitigation Of Civil Summons And Complaint. Penalty. 7.42.070 Closure During Pendency Of (a) A uniform infraction summons and Action; Emergency Closures. complaint, containing the following parts, may be 7.42.080 Enforcement Of Closure served upon any responsible party for chronic Order; Costs; Civil Penalty. nuisance property, citing that party into Municipal 7.42.085 Tenant Relocation Costs. Court. 7.42.090 Attorney Fees. 7.42.100 Severability. (1) The summons; 7.42.110 Nonexclusive Remedy. (2) The complaint; and (7.42.010 through 7.42.030 — no change) (3) A description of the alleged occurrences leading to violation of this Chapter, stating the 7.42.040 Prefiling Notification times and places of those occurrences. Procedure. (b) The uniform infraction summons shall (a) Except as otherwise noted herein, contain the following information: notwithstanding Subsection 1.16.060.B(b) of this Code, this section sets out procedures to be used (1) The file number; in processing an infraction of this Chapter. (2) The name and address of each (b) After two occurrences of any of the acts or respondent; behaviors listed in Section 7.42.020(c) of this Code within a 60 day period, the Chief of Police (3) The infraction with which the shall provide notification via certified mail, respondent is charged; stating the times and places of the alleged occurrences and the potential liability for violation (4) The date, time, and place at which the of this Chapter, to all responsible parties for the hearing on the infraction is to take place; property. Responsible parties for a given property shall be presumed from the following: (5) An explanation of the respondent's 7 - - Code Update: 12/03 TIGARD MUNICIPAL CODE obligation to appear at this hearing, and that 1.16.230.G(e) of this Code, a default judgment failure to appear may result in a default judgment may be entered against a respondent who fails to being taken against the respondent; appear at the scheduled hearing. Upon such judgment, the Court may prescribe the remedies (6) An explanation of the respondent's right described in this Chapter. (Ord. 94 -11). to a hearing, right to representation by counsel at personal expense, right to cross examine adverse (7.42.050 through 7.42.070 - no change) witnesses, and right to compulsory process for the production of witnesses; 7.42.080 Enforcement Of Closure Order; Costs; Civil Penalty. (7) notice that the cost of the hearing, including witness fees, may be charged to the (a) The Court may authorize the City to respondent if the final order of the Court finds that physically secure the property against use or the property is a chronic nuisance property. occupancy in the event that the owner(s) fail to do so within the time specified by the Court. (c) The uniform infraction complaint shall contain the following information: (b) The Court may assess on the property owner the following costs incurred by the City in (1) The date, time, and place the alleged effecting a closure of property: infractions occurred; (1) Costs incurred in actually physically (2) The date on which the complaint was securing the property against use; issued; (2) Administrative costs and attorneys fees (3) A notice to the respondent that a civil in bringing the action for violation of this Chapter. complaint has been filed with the Municipal Court. (c) The City Manager may, within 14 days of written decision by the Court, submit a signed and (d) Service of the summons and complaint shall detailed statement of costs to the Court for its be accomplished as described in Section 1.16.230 review. If no objection to the statement is made of this Code. In addition to the affidavit described within the period prescribed by Oregon Rule of in Subsection G (e) of that section, a return receipt Civil Procedure 68, a copy of the statement, of certified mailing which indicates delivery of including a legal description of the property, shall the summons and complaint to the respondent's be forwarded to the Office of the City Finance last known address, or a certified mailing which Director who thereafter shall enter the same in the has been returned by the Post Office "unclaimed," City's lien docket in the same manner prescribed shall also create a rebuttable presumption that the by Section 4-46,3.7.0 1 .16.710 of this Code. respondent had the required notice. (d) Persons assessed the costs of closure and/or (e) The hearing for determination as to whether civil penalty pursuant to this Chapter shall be an infraction has been committed shall take place jointly and severally liable for the payment in the manner described in Sections 1.16.250 to thereof to the City. (Ord. 03 -08, Ord. 94 -11). 1.16.300 and 1.16.320 of this Code. (7.42.085 through 7.42.110 — no change) (f) Subject to the limitations of Subsection 7 - Code Update: 12/03 TIGARD MUNICIPAL CODE Chapter 7.74 EMERGENCY OPERATIONS. Sections: 7.74.000 Emergency Management Code. 7.74.010 Short Title. 7.74.020 Emergency Management Plan. 7.74.030 Agreements. 7.74.040 "Local Emergency" Defined. 7.74.050 Adoption of the National Incident Management System. 7.74.060 Executive Responsibilities and Line of Succession. 7.74.070 Declaration and Ratification of a Local Emergency. 7.74.080 Declaration of Emergency — Authorized Procedures. 7.74.090 Violations — Penalties. (7.74.000 through 7.74.080 — no change) 7.74.090 Violations — Penalties. No person shall knowingly violate any regulation promulgated pursuant to this chapter, and imposed in a state of emergency declared pursuant to this chapter; nor shall any person knowingly violate any reasonable order issued by city emergency personnel during periods of declared emergency. Violation of an emergency regulation or order is a Class 1 civil infraction and shall be prosecuted as set forth in Chapter 1.16 of the Tigard Municipal Code, except that, notwithstanding TMC Section 1.16.640.A.1 1.16.110(1), the minimum fine upon conviction shall be not less than $250.00 and not more than $1,000.00 per offense. Each day of violation shall be deemed a separate offense for purposes of imposition of penalty. (Ord. 10 -03 § 1). • 7 - - Code Update: 3/10 TIGARD MUNICIPAL CODE Chapter 12.02 SANITARY SEWER AND (12.02.100 - no change) SURFACE WATER MANAGEMENT. Sections: 12.02.010 Title. 12.02.020 Definitions. 12.02.030 Purpose. 12.02.040 Clean Water Services Rules Adopted. 12.02.050 Use And Operation; Charges Imposed For Use; Appeal Procedures And Enforcement. 12.02.060 Charges, Rates And Fees; Associated Penalties. 12.02.070 Pretreatment By Industrial Users. 12.02.080 Temporary Adoption Of Unified Sewerage Agency Ordinances, Resolutions And Orders. 12.02.090 Immediate Remedial Action Required. 12.02.100 Penalty. (12.02.010 through 12.02.080 - no change) 12.02.090 Immediate Remedial Action Required. If the Code Enforcement Officer determines that there has been a violation of this chapter, or that conditions exist that are likely to result in a violation, the officer may require immediate remedial action by the responsible party. If the Code Enforcement Officer is unable to serve a notice of infraction on the responsible party or, if after such service, the responsible party refuses or is unable to remedy the infraction, the City may proceed to remedy the infraction as provided in Section X340 1.16.150 of this code. (Ord. 94- 19) 12 -02 -1 Code Update: 10/02 TIGARD MUNICIPAL CODE Chapter 14.04 BUILDING CODE. voluntary correction, failing which the Building Official may issue a notice of civil violation to Sections: one or more of the responsible persons to correct the violation. Except where the Building Official 14.04.010 Title. determines that the violation poses an immediate 14.04.020 Definitions. threat to health, safety, environment, or public 14.04.030 State Codes Adopted. welfare, the time for correction shall be not less 14.04.040 Administration. than five calendar days. 14.04.050 Repealed By Ord. 96 -10. 14.04.060 Repealed By Ord. 01 -25. 3. Following the date or time by which the 14.04.065 Electrical Program correction must be completed as required by an Administration. order to correct a violation, the Building Official 14.04.070 Occupancy Restriction shall determine whether such correction has been Recordation. completed. If the required correction has not been 14.04.090 Violation — Penalty— Remedies. completed by the date or time specified in the 14.04.095 Building Official— Authority to order, the Building Official may issue a notice of Impose Administrative Civil civil violation to each person to whom an order to Penalty correct was issued. 14.04.098 Appeal Procedures. 4. Notwithstanding subsection (2) above, the Building Official may impose a civil penalty (14.04.010 through 14.04.090 - no change) without having issued an order to correct violation or made attempts to secure voluntary correction where the Building Official determines that the 14.04.095 Building Official — Authority to violation was knowing or intentional or a repeat of Impose Administrative Civil a similar violation. Penalty. 5. In imposing a penalty authorized by this 1. In addition to, and not in lieu of, any section, the Building Official shall consider: other enforcement mechanism authorized by this code, upon a determination by the Building a. The person's past history in taking Official that a person has violated a provision of all feasible steps or procedures necessary or this Chapter or a rule adopted thereunder, the appropriate to correct the violation; Building Official may impose upon the violator and /or any other responsible person an b. Any prior violations of statutes, administrative civil penalty as provided by rules, orders, and permits; subsections (1) to (12) of this section. For purposes of this subsection, a responsible person c. The gravity and magnitude of the includes the violator, and if the violator is not the violation; owner of the building or property at which the violation occurs, may include the owner as well. d. Whether the violation was repeated or continuous; 2. Prior to imposing an administrative civil penalty under this section, the Building Official e. Whether the cause of the violation shall pursue reasonable attempts to secure was an unavoidable accident, negligence, or an 14 - - Code Update: 3/10 TIGARD MUNICIPAL CODE intentional act; an appeal, unless the responsible person appeals the penalty to the City Manager or City Manager's f. The violator's cooperativeness and designee pursuant to, and within the time limits efforts to correct the violation; and established by, Section 14.04.098. If the responsible person appeals the civil penalty to the g. Any relevant rule of the Building City Manager or City Manager's designee, the Official. penalty shall become final, if at all, upon issuance of the City Manager or City Manager's designee's 6. The notice of civil penalty shall either decision affirming the imposition of the be served by personal service or shall be sent by administrative civil penalty. registered or certified mail and by first class mail. Any such notice served by mail shall be deemed 9. Each day the violator fails to remedy the received for purposes of any time computations code violation shall constitute a separate violation. hereunder three days after the date mailed if to an address within this state, and seven days after the 10. Failure to pay a penalty imposed date mailed if to an address outside this state. A hereunder within 10 days after the penalty notice of civil penalty shall include: becomes final as provided in subsection (8) shall constitute a violation of this code. Each day the a. A description of the alleged penalty is not paid shall constitute a separate violation, including any relevant code provision violation. The Building Official also is authorized numbers, ordinance numbers or other identifying to collect the penalty by any administrative or references; judicial action or proceeding authorized by subsection (11) below, other provisions of this b. A statement that the City intends to code, or state statutes. assess a civil penalty for the violation and states the amount of the civil penalty; The civil penalty authorized by this section shall be in addition to: c. A statement that the party may challenge the assessment of a civil penalty; and a. Assessments or fees for any costs incurred by the City in remediation, cleanup, or d. A description of the means and the abatement, and deadline for informing the City that the party is challenging the assessment of the civil penalty. b. Any other actions authorized by law. 7. Any person who is issued a notice of civil penalty may appeal the penalty to the City 11. If an administrative civil penalty is Manager or City Manager's designee. The City imposed on a responsible person because of a Manager's designee shall not be the Building violation of any provision of this code resulting Official or Building Inspector. The provisions of from prohibited use or activity on real property, Section 14.04.098 of this code shall govern any and the penalty remains unpaid 30 days after such requested hearing, except that the burden of proof penalty become final, the Building Official shall shall be on the Building Official. assess the property the full amount of the unpaid fine and shall enter such an assessment as a lien in 8. A civil penalty imposed hereunder shall the docket of City liens. At the time such an become final upon expiration of the time for filing assessment is made, the Building Official shall 14 - - Code Update: 3/10 TIGARD MUNICIPAL CODE notify the responsible person that the penalty has been assessed against the real property upon which the violation occurred and has been entered in the docket of City liens. The lien shall be enforced in the same manner as liens established by judgment of a Hearings Officer pursuant to Section 1.1-6. 3701.16.710 of this code, except that the Building Official shall be substituted for the Hearings Officer and a civil penalty shall be substituted for a judgment. The interest shall commence from the date of entry of the lien in the lien docket. 12. In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to subsection (1) of this section shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or certificates of occupancy. (Ord. 09 -16 § 2) (14.04.098 — no change) 14 - - Code Update: 3/10 AIS -555 Item #: 8. Business Meeting Date: 11/22/2011 Length (in minutes): 30 Minutes Agenda Title: Receive and Discuss Findings from the 2011 Community Attitudes Survey Prepared For: Kent Wyatt Submitted By: Kent Wyatt City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Council will provide feedback on results of the 2011 Community Attitudes Survey. STAFF RECOMMENDATION / ACTION REQUEST Discuss key findings and determine whether follow up is needed. KEY FACTS AND INFORMATION SUMMARY This presentation contains results of a telephone survey conducted among a representative sample of 400 residents age 18 and older in the City of Tigard. Every two years Tigard residents are surveyed to ascertain citizen attitudes regarding City services and issues for policy development, program improvement, and resource allocation. Topical questions added to this year's survey ask residents their opinion on recreation, social media, economic development, and high capacity transit. An online version of the survey was available for the first time this year which allowed any Tigard resident the opportunity to provide input. City staff solicited community input through an extensive communications strategy. A number of community groups including the Tigard Chamber of Commerce, Tigard - Tualatin School District, and local churches have agreed to communicate the survey information to their members. A Twitter feed ( @CityoffigardOR) and City of Tigard Facebook page also have been set up to assist in spreading the message. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Survey results will serve as a tool for City Council to consider when setting the 2012 Council goals. DATES OF PREVIOUS COUNCIL CONSIDERATION September 22, 2010 - City Council Study Session SUPPLEMENTAL PACKET 11 23 2011 SUPPLEM / / FOR / • o (DATE OF MEETING) Results of 2011 Community Attitudes Survey City Council Meeting November 22, 2 01 RESEARCH 13 r Methodology • "Telephone survey • 41111 interviews among a representative sample of residents age 18 and older in the City of Tigard • Internet survey • 268 Tigard residents completed the survey. • Due to sampling and screening errors inherent in Internet surveys, this data has not been included, except where significant differences occurred • Citizens were intornmd about the online survey through civic groups, Facebouk, Twitter, and the city websitc. • 1 11/23/2011 Executive Summary 1 • Ninety -nine percent of residents are satisfied with Tigard as a place to live. • Nearly all of those who had contact with the city (32 percent) feel they were treated fairly by employees (96 percent). • While residents report improvements in safety since 2009, the discrepancy between importance and performance scores suggests that residents still see room for improvement. • Traffic /congestion is the most important issue. • Most residents (79 percent) of Tigard want the city to have a role in recreation. • 13 Overall Satisfaction 1 How satisfied areyot with the City of Tigard ar a piaa to lira? Sir's. - 4rr'1. trrz, 2tr irm Very Satisfied at 10) Satisfied (S 7) Less Satisfied (I -4) • It 2 11/23/201.1 r Satisfaction Trend 1 10 „ 9 1 7 - 6 ' 4 ' 3 ' 1 . I • . Mean Sow,: 2011 Mean SCAM: 2(09 Mean Score 200' 0 * r Satisfaction With City Elements 1 II, 751 66 - ;9 ••■') SO S ;" ;(, ;4 I , 1 I I I I I I I I I I I 1 4.9 4 2 1 •:- ' L' • ' ■ ', 1 i ''-' f . i-71 _. . I ■ '. + ''''' :4 :' .. ' t g. 1. ; '= j- '''' - " C r ' 4 i = LE: - ..... ; • . e ■ . .,+ . " . ' C 7 - 7. ; :, E E. -- F. 4 . ,.! .1 r.... : ' . " ' ' . r. — .; ' - - • - . . . i . . -, .*:' ‘ , - , 5 .,.■ , .... . + z . . : 0 13 . 3 � O _ i�Nwa. trap Jae .00 C".) 3 ". i a• 3 Hi CA Residents feel safe Traffic/ ran' ti sr., Traffic/congest-gm a. �% Jolts and mmmmK — Sneers and utilities sigh as _ r: d e t ektprncnt — r '? IV water and sewer are provided ` a (i. on or. . and well maintained liducati• n /schools Po w 0 n t , Gmuth and 7 o s� FricnFriendly. cohesive x 4 rT neighborhoods _ i., a t —i . development/growth ti ei Crime and drugs There is a postnra ti Street improvements/ •:,..4 •:,..4 community iins-Ax r e ti• p � / � maintenance k ti C i p Development resptYts the r.' t Water supply U • natural environment t"► n g. Z Taxes /krarr taxes • n The services needed M' within a • r: 1 r residents are provided , rt Government spending/ a $ �. the community . using tax dollars wisely Oc Parks and recreation .,1 4 Quality recreation and kisur. ^ tk activities are available . t; development o Residents ate informed and — , 1 Transportation /public ii et active in civic affairs t:° transit 1 r Protecting/preserving l r ' e nvironmental ams /open ! l� _lobs ate available the P - '+ i cummunity 't v Local government I . < ti effectiveness tl _—..iw ammom.J NJ W NJ O N N 11/23/2011 r Tigard Characteristic Performance How well do each of there rtakmentt describe Tigard? lu a a -i _ o c• , a.l I s s E - L s s t- e. s --.4 , ' c � E z - c T- t o `k c - e . _ :e c s " - R- c l : E c- 5 E ' r. 44 c c F -4 it E - i " _' ^ s-: 3 u a e, s e ` G r e k e f w Y d • 13 r Importance vs. Per a rmance • 6• • Rtualcnts 1rc1 sari Snecia and t! is sprit As t • Mlle, - e, anti scurf art min Ord nd - .� and well maintatnal • b.k o.4;' • Pricrallt. c c • nc,}Idwrha.wi, � 0 I Thcre is a lwan L ` • ca.mmtnifs 1011g. C I a " 7 • IN. ttlppmcm ,oslxa• lit t O4 nat al tm 4nn I. wail 3 C . I 1 I 2 fu t kc flu nudcd In �Qi ' • rtstdc nrs art tat Ord u $111111 $111111 • alit t y I Qualm n.crrwi in and lt asprt • ]trot Airs Its arailal]1a ✓ Rcstdent arc Inttrmed .md at in snit atlan, • tilts arc as atl.thk it rtlun the !.,.L, .. t..mmtmm Ptrtcpn. to * 5 11/23/2011 Tigard Descriptions 1 Which of these best describes the City of Tigard? 2 . 1 ' • I I lw 11.1 - 5 7 . 1 Safety 92 ' • ' 4 0' I know mn I ta-cl %an: walking in nn I fet-I it walking in neighbors and titicn grcet neighin win MA at night downtown 'FtgariA AI night than h nanw •2411 I • 2009 6 11/23/2011 r Contact with the City of Tigard 1 In the partyear, &peyote persona4 bad any contact with Tigard employees or ekcted officials? N., S 10 * r Contact with City Departments 1 Which ficnction(s) didyou conkut? ;11 411 111 22 1,, I I I I I I • I . = tomet ,.. e 5 , • t 7 _., • -., Ill -„; 'F., '-: ,,- 7 _-_ 7 ,, F .-------- _ „... = Z 'Z 1 z (11.1ySCA$V, the co, y O 1 tW'tit,lcrtrt -t I u,• rrtat,xk ( V't1 t , csr±,. k'he i We} ai an INN r C rnrin ■oe rhea Astir, d too .. C: a N+ '"f ( :it}°ari Picard .,1...11r - r_ � .a. Thr Tuna - 5 g- TN. illler,rty +s.4e rc t ►� 0 CP i ‹.;511.0.,.... - CD Otha (� ► 1 X CC p-t 1Y > +ui..t "1"111}' a • = 1_ .1 !It mr!. n r,.r.n Inam.1 in n p CC = th eir d, ,h,-„, a. nh me CC I.nca1 tt lcr n l 1' >, (J) - 4 ■ L4 Ptthilc acct.. Itic, ran nt I r - >y. the 1nL.rrnar.. rrp ortt asaLafYnrt x \ca bI,"rh..l,l "''''"k 1 1., o I ratan..{ u a. ,r<.anarr vn.i urbcnr, i helpful - a Kn1.a 11.70 I ' y 1 I I, 1i 11 1rr tlur , r RAP) I T nit un. (Harts 31x1 IKroQrnr in rnakknG .urr nil - ...xu,, 1....had - I.1 Nixltan3c A,.a, fa- , 0 Ir { ,.. �iun .rc _ q ur.. r , m,nn i:� k` ittcr _ a - ,.:`•0 ' . — ei NJ W NJ O N 00 N 11/23/2011 r Preferred Communication Method From u !,icb of the following city communication methodryou would MOST want to receive information about the City of Tigard? 8°14 71 40% 32^i 30 24" 20`/e I (i ` 12" 11) 5 a., K,, . t ..= I':,2ie w 3 "i av , Cityscape, Website Email alerts Other Facebook Tent Twitter monthly messaging newsletter • • Plume Survey • Internet Survey • City Web /Social Media Use Shedd the rift inmate orarrears the we a naalaaadia? Phone Survey Internet Survey 4 l Inc I,I ' I rn i,.1 ., No opinion No op: ,) 59 41 • 13 9 11/23/2011 r Perception of Environmental Protection 1 Tiga d's rivers and streams are important resources worth protecting The on should take the lead in preserving the remaining open 1 4 . • Silungiy agree spaces within Tigard •Somewhat agree • Disagree I would support regulations to protect existing trees in the city 0% 20% 44)% or. ogee here, i 1 • 13' Future Growth 1 To accommodate future growth, the city should encourage greater residential densi than exists today in both new and existing neighborhoods 'nsurc 7 % Styonib. Agree 1 1% Somewhat agree 24% Sontcwh.• dn.11 rc \• CD 10 11/23/2011 Business Development What types of services or businesses do you travel outside of Tigard for thatyou would like to see offered or provided in Tigard? 5Ire., 4i Ju to 1 11 „ L c C s v c c 'C ., K Online respondents were more likely to want dining (57 percent), arts, • entertainment, and recreation (49 percent), health care (28 percent), and retail (26 percent). 13 r Business Development (Continued) Suggested "other" businesses /services include the following: •Family friendly restaurants i(t "n l 27 •Upscale restaurants 1 2o •lithntc restaurants •Grocery shopping t5% 1 lit". •I Icalth food stores Ifs •SsOmming facility • Public recreation center 7s` Dining ( ■ r■ ern :' health Cumnmmtc •Parks ft owl sn ccuTeri pool •l pscalc shopping, •H ospitals and doctors 111 13 11 11/23/2011 Light Rail Support The Southwest Corridor, which includes parts of Tigard in the vicinity of Highway" 99 and Pacific Highway, was designated in 2009 as the as next regional priority for high capacity transit expansion. Tigard and its regional partners are considering a variety of transit options including light rail, bus rapid transit, commuter rail or rapid streetcar, or even improved local bus. la gong ab ' r or *pox 4gbt nil into TTani? • Light Rail Support (cont.) [Y/by doyou favor or oppose ligbt rail as a transit option? F avor Oppose "It makes sense and helps practical development "Because it will raise taxes and I will never use and hcss high way 99 " it." "I have used light rail before. it is great and keeps "We already have an excellent bus system." cars off the street." "I just enjoy it it is a convenient way to get around "It would be inefficient with the current model without your car. I would go into Portland more being used in Portland; too slow; stops too often, often for museums and special events." no express lines, takes longer than bumper to bumper traffic." "Fur no job, easier to commute and faster." "Ikcause its not the direction people need to he moved "Better for people who do not drive" "Cost, disturbance, highway 99 is not big enough." "Best option for cutting down congestion." "I think they should build roads instead." "More people would come to Tigard." "I don't think its the right fit for area." • 13 12 11/23/2011 Current Recreation 1 Which of the folloorng recreational activities did, yow, or a member of your household, participate in within the lastyear 54 43" 4a , .3" • 2 n... i ,.... 7 tt = la I�•.. I �.., Imo tr,u - t _ _ Z _ -- z' = 1 E r. i r Suggested Recreational Activities What recreational activities would members of your household like to see offered in Tigard? •Events -Facilities •tlore concerts and movies in the park *Community center *Blues ti•stival •.X n,I,ust senior center *Soccer complex *Sports •Indoor tennis *Softball ' *Golf *Family Programs •Bowling Icagucs •Children: programs •Liss expensive summer programs *Classes •.\tier school activities *Nature *Arts and crafts *Fitness *Spanish X13 13 11/23/2011 r The City's Role in Recreation What should Tigard 's mk be in recreation and leisure activities? Full service provider Should Nt IF be an of recreation and active provider for IetSYre activities. recreation and leisure activities. Provide a munthlt catalog of activities. Pruritic a monthh C00111inatc a limited catalog of number of activities, recreational and and schedule athletic- leisure activities and fields and facilities coordinate a limited number of activities. (i3; r Online Survey Results Issue Priori Highest Priority Second Third Phone survey Traffic /congestion 32% Jobs and economic Education /Schools 8% devekspment 11% Online survey Tmftic /con 21r';, fobs and economic Government spending /using development l3°'4, tax dollars wisely I 1 Safe I know many of my I feel safe walking in I feel safe walking in neighbors and often my neighborhood at doHntown Tigard at greet them by name night night Phone survey 92" s. -' Online survey - s_ ; , i m 14 , i III City of f Tigard SUPPLEMENTAL PACKET _ FOR ii'22 ' "o►1 T I G A R D Memorandum (DATE OF MEETING) ` vi da . g To: Mayor Dirksen and Councilors From: Kent Wyatt, Senior Management Analyst Re: Results of 2011 Community Attitudes Survey — Executive Summary Date: November 18, 2011 Background This memo contains a summary of results from a telephone survey conducted among a representative sample of 400 residents age 18 and older in the City of Tigard, Oregon. The interviews were conducted October 2011. The potential sampling error is plus or minus 5% at the 95% confidence level. To allow all residents the opportunity to participate in the study— an identical (but separate) online survey was available to interested residents between October 25 and. November 10, 2011 (Table 1). A total of 268 residents completed the online version. Since online surveys are less accurate and may not represent a cross section of the community, only a limited amount of the results are included in the memo. Table 1: Demographics of Telephone and Online Survey Telephone Online Number of respondents 400 268 Median age (years) 57 47 Employed full time 27% 56% Employed part time _._ ___._.._....__.._......_._..__. 15% 19% Homeowner 88% -- One child in the household 11% 19% Two or more children 9% 16% Three or more children 4% I -- Registered voter 88% -- College graduate ......................_ _...__._. 43% . Post graduate studies 13% 35 Median time lived in Tigard (years) 1. 7 i -- In sum, the 2011 Community Attitudes Survey provided more than 650 Tigard residents an opportunity to express their use of and satisfaction with City services as well as to determine priorities for their neighborhoods and the City. Residents were also asked their opinion on new topics such as recreation, social media, economic development, and high capacity transit. Executive Summary 2011 Community Attitudes Survey 1 11/18/2011 Key Findings 1. Ninety -nine percent of residents are satisfied with Tigard as a place to live. 2. Residents are most satisfied with the water supply and Tigard's work protecting environmental areas. 3. Traffic /congestion remains the biggest issue. 4. One in three residents (32 %) have contacted city officials /employees in the last year. Nearly all respondents report that they were treated fairly by respectful and honest City employees. 5. Three out of four residents (75 %) report getting their information about the city through the Cityscape newsletter. Nearly as many (71%) consider it their preferred communication method. 6. While 29 percent said the city should increase use of social media, only 1 percent of respondents listed Facebook /Twitter as their preferred communication method. 7. A majority of residents (58 %) are opposed to the city encouraging greater residential density to accommodate future growth 8. Residents desire more family friendly restaurants, upscale restaurants, and grocery stores in Tigard 9. Sixty percent of residents are in favor of light rail into Tigard; 15 percent are unsure. 10. While eight out of ten (79 %) think the city should have some role in recreation, more residents prefer a limited role. Executive Summary 2011 Community Attitudes Survey 2 11/18/2011 Widespread Satisfaction with Tigard as a Place to Call Home Ninety -nine percent of Tigard residents are either "very satisfied" or "satisfied" with Tigard as a place to call home. With additional analysis a mean score was calculated and finds Tigard earns a 7.6 satisfaction score overall which is a slight decrease from 7.8 in 2009, but higher than 7.4 in 2007. Safety Most residents feel safe in Tigard. The perception of safety in downtown Tigard significantly increased from 58 percent in 2009 to 78 percent in 2011. Compared to 2009 results, residents also feel safer walking in their neighborhood and report knowing more of their neighbors. Despite these increases, residents rank safety as one of the most important issues in Tigard which suggests that residents would still like to see improvement. Environment Nearly all residents (96 %) agree that Tigard's rivers and streams are worth protecting. This is an increase from 94 percent in 2009. Most also agree that open spaces and trees should be protected, although fewer residents feel strongly about these statements. Future Growth "To accommodate future growth, the City should encourage greater residential density than exists today in both new and existing neighborhoods." Three out of five respondents (58 %) disagree with this statement, and one out of three (34 %) strongly disagree with it. This is consistent with the 56 percent that disagreed in 2009. Contact with City Personnel One -in -three residents (32 %) had contact with city officials, an increase from 26 percent in 2009. More than half of these contacts were with the Police Department which is an increase from 28 percent in 2009. Nearly all respondents report that they were treated fairly by respectful and honest City employees. All but one area (accurate and helpful assistance /information) increased from 2009. Executive Summary 2011 Community Attitudes Survey 3 11/18/2011 Issue Priorities Traffic /congestion (32 %) remains the most important issue for the Tigard City Council to address over the next year (Table 2). A noticeable exception is found in the demographic breakdown for the question. Respondents age 40 -44 chose education /schools first, followed by growth planning. While those ages 55 -59 favored a focus on jobs and the economy. Crime and drugs was second to traffic /congestion among those ages 18 -34. Table 2: Issues of Im i ortance 2011 2009 2007 Traffic/ congestion 32 % i 28 % 39 % Jobs and economic development 11 1 8 2 Education /schools 8 8 3 Growth and development _._ ...._._.___..._._...._..___. 7 _._..... _. 14 Crime and drugs r 7 1 7 --1 Street improvements /maintenance _�. 7 8 1 3 Water supply ._ 4 �._.. Taxes /lower taxes (4 1 5 3 Government spending _....__._.......__..____....� ._. `l _._.... Parks and recreation 2 T 5 2 Downtown development 2 ; 3 Trans ortation/ ublic transit 2 3 Protecting /preserving open space 4 1 _..__... *__ - - 4 Local tovernment effectiveness 1 ! - - -- - - -- Executive Summary 2011 Community Attitudes Survey 4 11/18/2011 Importance vs. Perception In comparing importance ratings of nine characteristics and perceptions of how well those characteristics describe Tigard, a deficit is present in all nine categories (Table 3). The deficit in job availability continues to increase as the economy remains in flux as it was in 2009. Despite the high unemployment rate in Oregon, residents consider job availability the least importance of the nine characteristics. Other noticeable deficits for the City are in the areas of safety, civic affairs, and streets /utilities. Table 3: Importance vs. Perception of Nine City Characteristics Deficit Deficit Issue Importance Perception in 2011 in 2009 Residents feel safe 8.7 7.5 - 1.2 j - 1.1 Streets and utilities are well maintained 8.4 i 7.6 j -0.8 1 -0.9 Friendly, cohesive neighborhood 8.2 7.4 -0.8 ' -0.7 Positive community image ( 7.9 ! 7.2 1 -0.7 -0.4 Development respects the natural 7. 7 7.0 ! -0.7 -0.8 environment Services needed by residents are provided j 7.7 7.1 1 -0.6 I -0.7 within the community Quality recreation and leisure activities are i 7.4 6.7 -0.7 -0.7 available Residents are informed and active in civic = 7.3 ' - 1.0 - 0.7 affairs Jobs are available within the community 6.7 4.4 - -2.3 -1.4 Business Development Increased dining options especially family- friendly restaurants, upscale restaurants, and ethnic restaurants were mentioned most frequently as a reason for residents traveling outside Tigard. Of the respondents that chose "other ", 27% indicated specific type of restaurant they would like to see, 20% listed stores they would like for groceries, and 10% indicated a desire to have a recreation center or pool. More than 40 percent of respondents stated they did not feel there were any businesses that they wanted to see in Tigard. Executive Summary 2011 Community Attitudes Survey 5 11/18/2011 Light Rail Support for light rail was a new question for this year's survey. Respondents were provided the following context before being asked their position. 'The Southwest Corridor which includes parts of Tigard in the vicinity of Highway 99 and Pacific Highway was designated in 2009 as the as next regional priorio for high capacity transit expansion. Tigard and its regional partners are considering a variety of transit options including light rail, bus rapid transit, commuter rail or rapid streetcar, or even improved local bus." After being read the statement, three out of five residents responded favorably of the idea of light rail into Tigard (Table 4). Responses were mostly consistent between age ranges, with the exception of those older than 65 who expressed more uncertainty (19 %). Table 4: Citizen Comments on Light Rail Favor Oppose "It makes sense and helps practical development "Because it will raise taxes and I will never use and helps high way 99." it." "I have used light rail before, is great, keeps cars off the "We already have an excellent bus system." street." "I just enjoy it as a convenient way to go around "It would be inefficient with the current model and you do not have to take your car. I would go into being used in Portland, too slow, stops too often, Portland more often, for museums and special events." no express lines, takes longer than bumper to bumper traffic." "For my job, easier to commute and faster." "Because its not the direction people need to be moved." "Better for people who do not drive." "Cost, disturbance, highway 99 is not big enough." "Best option for cutting down congestion." "I think they should build roads instead." "More people would come to Tigard." "I don't think it's the right fit for area to be utilized." Executive Summary 2011 Community Attitudes Survey 6 11/18/2011 Recreation and Leisure Activities in Tigard Survey results indicate four -in -five (80 %) Tigard residents support the city having an active role in recreation and leisure activities (Table 5). As for what that role should be varies with informing citizens but providing limited coordination ranking the highest with more than 35 percent. Opinions were similar in each age range. Table 5: Ci s Role With Res ect to Recreation And Leisure Activities Monthly catalog of activities and coordinate a limited number of activities. ` 35.4 % 127 Monthly catalog of activities, coordinate a limited number of activities, and 24.5 88 schedule athletic fields and facilities. The City should NOT be an active provider for recreation and leisure 20.9 75 activities. Full service provider ranging from cataloging activities, coordinating and scheduling a full range of activities from youth leagues to festivals, hosting events and festivities, and acquiring the necessary facilities, fields, and 19.2 69 buildings. Note: 359 respondents, 41 skipped the question Those supporting a role for the city expressed comments such as, It's a bummer that we're "out of district" for both Conestoga and the YMCA!" to "local recreational activities - are expensive for my family, sometimes we have to travel to Portland to get something cheap!' Supporters of the city becoming a full- service recreation provider had following comments: • I would love to see a parks and rec district similar to THPRD. That is an incredible facility that offers incredible recreational programs to youth and adults. • I lived in Corvallis for 12 years, and they spend a large amount of their general fund on parks and recreation. They also have 250 adult softball teams and many things offered in their recreation department. They also have trails that circle the city. I have never heard of another city the size of Tigard that does not even have a park and recreation department. It is pathetic!! • We would love Tigard to have a full service Park and Recreation Department /District. We are very disappointed that Tigard does not offer such services /activities. • I would like to see a regional recreation program like THPRD. Something encompassing Tigard, Tualatin, Sherwood and surrounding area. Conversely, the 20 percent opposing the city having an active role in recreation reasoned, `2 think there is a lot of availability in the area", `for a city our size we have all the important bases covered," and `7 do NOT favor spending my local tax dollars to provide entertainment of any kind for citizens. That should be PRIVA'1 i funding " Executive Summary 2011 Community Attitudes Survey 7 11/18/2011 Beyond the city's role in recreation, the survey asked residents for input on those recreation activities lacking in Tigard. A wide range of activities were suggested including youth activities, community gardening, hiking trails, and indoor swimming. Another suggestion was partnering with private companies to offer activities such as the First Lego League which is sponsored by Intel and volunteers. Methods of Communication More than 70 percent of residents named Cityscape, the city's newsletter as the primary way of receiving information about Tigard (Table 6). Compared with 2009, Cityscape, The Oregonian, The Tigard - Tualatin Times, and the city's website have increased as information sources. Social media outlets, Facebook and Twitter, ranked at the bottom which can partially be attributed to the city's limited presence. Table 6: Where Residents Receive City News Information Source 2011 2009 2007 - Cityscape 75 % I 49 % 69 The Oregonian 27 ; 18 I 46 City of Tigard website 20 j 8 j 18 Tigard Times 17 15 31 Word of mouth 1 9 13 ' 30 Local TV j 5 13 i 32 ... Public access TV - - � ---- .._.__._......_. _, _ ..............__.__._ i2 3 10 Neighborhood Network 2 5 Know H2O 2 i - - -- - -- Radio 2 4 I 14 El Hispanic News 1 f - - -- j - - -- Facebook ! 0 - - -- - - -- Twitter 0 i - - -- In considering future communications, residents expressed a preference in receiving information from three sources: Cityscape (71%), the city's website (16 %), and email alerts (12 %). However, a majority of residents are open to the city increasing its social media presence. Only 7% felt there should be a decrease in these communications. Executive Summary 2011 Community Attitudes Survey 8 11/18/2011 SUPPLEMENTAL PACKET FOR r/ &uti ' (DATE OF MEETING) ricoRa 2011 COMMUNITY ATTITUDES SURVEY Phone Version C7:52 e Hello, this is (FIRST AND LAST NAME) calling on behalf of the City of Tigard. Today we are conducting a brief survey about Tigard. May I please speak to (NAME FROM LIST)? I assure you we are only seeking opinions and there will be no attempt to sell you anything or solicit a donation. IF NECESSARY: This survey usually takes less than 15 minutes to complete. Is now a convenient time for you? IF NECESSARY: SCHEDULE CALLBACK. Si. First, do you live inside or outside the Tigard city limits? a. Inside CONTINUE b. Outside THANK AND 'TERMINATE S2. What is your zip code? a. 97223 b. 97224 c. Other - THANK AND TERMINATE S3. Do you, or does anyone in your household, work for the City of Tigard or for a market research organization? a. Yes THANK AND TERMINATE b. No CONTINUE 10/25/2011 1 v II P h TIG,'flD t 2011 COMMUNITY ATTITUDES SURVEY Phone Version Next, overall, how satisfied are you with the City of Tigard as a place to live? 1. Using a ten point scale, where ten means you are very satisfied and one means you are very dissatisfied, please tell me what number between ten and one best describes your satisfaction with Tigard as a place to live. (RECORD NUMBER 1 -10, 11 =DON'T KNOW) 2. What, in your opinion, is the single most important issue for City Council to address over the next year? (Don't read, pre -code) a. traffic /congestion b. growth and development /growth planning c. crime and drugs d. water supply e. protecting /preserving environmental areas /open space f. downtown development g. street improvements /maintenance h. parks and recreation i. education /schools j. jobs and economic development k. taxes /lower taxes 1. government spending /using tax dollars wisely m. transportation /public transit n. local government effectiveness o. Other (SPECIFY) p. Don't know q. Nothing 10/25/2011 2 II a I`D 2011 COMMUNITY ATTITUDES SURVEY Phone Version INTRO: Next, here is a list of characteristics that could be used to describe a city. Using a ten point scale, where ten means it is very important to you that the city you live in be described by that characteristic, and one means it is not important at all that your city be described by that characteristic, please tell me what number between ten and one best describes how important each of these characteristics is in describing the city where you live. Scale a. Not important at all (1) b. 2 c. 3 d. 4 e. 5 f. 6 g. 7 h. 8 i. 9 j. Very important (10) k. (DON'T READ) don't know ROTATE Q3 -11 3. Development respects the natural environment 4. There is a positive community image 5. Streets and utilities such as water and sewer are provided and well maintained 6. Friendly, cohesive neighborhoods 7. Jobs are available within the community 8. The services needed by residents are provided within the community 9. Residents feel safe 10. Residents are informed and active in civic affairs 11. Quality recreation and leisure activities are available 10/25/2011 3 a ir TIGARD 2011 COMMUNITY ATTITUDES SURVEY Phone Version INTRO Q12 -20 Now I'd like you to tell me how well you believe each of those characteristics describes Tigard. Again, using a ten point scale where ten means that characteristic is an excellent description of Tigard and one means that characteristic does not describe Tigard at all. Scale a. Does not describe Tigard at all (1) b. 2 c. 3 d. 4 e. 5 f. 6 g. 7 h. 8 i. 9 j. Excellent description of Tigard (10) k. (DON'T READ) don't know ROTATE Q12 -20 12. Development respects the natural environment 13. There is a positive community image 14. Streets and utilities such as water and sewer are provided and well maintained 15. Friendly, cohesive neighborhoods 16. Jobs are available within the community 17. The services needed by residents are provided within the community 18. Residents feel safe 19. Residents are informed and active in civic affairs 20. Quality leisure activities are available 10/25/2011 4 i r "' tt n. 2011 COMMUNITY ATTITUDES SURVEY Phone Version Now let's try something different. I am going to read you a list of statements. Please tell me if you agree or disagree with each. IF AGREE /DISAGREE: Is that strongly agree /disagree or somewhat agree /disagree? Scale a. Strongly agree b. Somewhat agree c. (DON'T READ) don't know d. Somewhat disagree e. Strongly disagree ROTATE 21. The City should take the lead in preserving the remaining open spaces within Tigard 22. I would support regulations to protect existing trees in the City 23. Tigard's rivers and streams are important resources worth protecting 24. To accommodate future growth, the City should encourage greater residential density than exists today in both new and existing neighborhoods 25. I feel safe walking in my neighborhood at night 26. I feel safe walking in downtown Tigard at night 27. I know many of my neighbors and often greet them by name 28. In the past year, have you personally had any contact with City of Tigard employees or elected officials? a. Yes b. No c. (DON'T READ) don't know /don't remember 10/25/2011 5 Ii ■ TIGARD 2011 COMMUNITY ATTITUDES SURVEY Phone Version 29. IF YES, CONTACTED CITY OF TIGARD: Which function(s) did you contact? (DO NOT READ, ACCEPT MULTIPLE RESPONSES) 1. Police 2. Municipal court 3. Elected officials (mayor, city council member(s)) 4. Building permits /planning permits 5. Code enforcement 6. Utility billing /paying your water bill 7. Library 8. Public Works (streets, sewer, water) 99 Other (SPECIFY) 98 Don't know /don't remember QUESTIONS: Ask if contacted City of Tigard Here are some statements that may or may not be used to describe your experience in contacting the City of Tigard. Please tell me if you strongly agree, somewhat agree, somewhat disagree or strongly disagree with each statement. ROTA'1E 30. I was treated fairly by the City employee that assisted me 31. The employee was respectful and courteous. 32. The information or assistance I received was accurate and helpful 33. The employee that assisted me was creative and persistent in making sure my issue was resolved 34. I received a solution or answer in a timely manner 35. The employee was honest in their dealings with me 10/25/2011 6 14 I ■ TG D = 2011 COMMUNITY ATTITUDES SURVEY Phone Version COMMUNICATIONS 36. In the past year, from which of the following sources have you received information specifically about the City of Tigard? (DO NOT READ, ACCEPT MULTIPLE RESPONSES) 1. The Oregonian 2. The Times 3. City of Tigard website 4. El Hispanic News 5. Cityscape, the City newsletter 6. Neighborhood network websites 7. Facebook 8. Twitter 9. Know H 10. Public access television 11. Local television news 12. Radio 13. Word of mouth 99 other (SPECIFY) 98 don't know /don't remember 37. Please tell me from which of the following City communication methods you would MOST want to receive information about the City of Tigard? (READ AND ROTATE)? a. Website b. Cityscape, monthly newsletter c. Facebook d. Twitter e. Email alerts f. Text messaging 10/25/2011 7 II TIGARD 2011 COMMUNITY ATTITUDES SURVEY Phone Version 38. The City currently uses the internet, its website and social media like Twitter and Facebook, to help inform residents of events and activities. When the City posts information to these sites, residents are able to find information with their computers and smart phones. Should the City increase the use of these services, decrease the use of these services, or do you have no opinion, as to the City's use of these services? a. Increase b. Decrease c. No opinion d. Unsure (DO NOT READ) 39. What types of services or businesses do you travel outside of Tigard for that you would like to see offered or provided in Tigard? a. Lodging b. Dining c. Arts, entertainment, and recreation d. Retail e. Health care f. Financial services g. Other (Specify) h. None i. Unsure 10/25/2011 8 I z i `A R o , 2011 COMMUNITY ATTITUDES SURVEY Phone Version 40. The Southwest Corridor which includes parts of Tigard in the vicinity of Highway 99 and Pacific Highway was designated in 2009 as the as next regional priority for high capacity transit expansion. Tigard and its regional partners are considering a variety of transit options including light rail, bus rapid transit, commuter rail or rapid streetcar, or even improved local bus. In general, do you favor or oppose light rail into Tigard? a. Favor b. Oppose c. Not sure 40b. Why do you favor or oppose light rail as a transit option? (Open ended) RECREATION NEEDS ASSESSMENT The City of Tigard does not have a formal, city- sponsored recreation program. However, the city does provide parks, trails, bike paths, dog parks, a skate park and rents athletic fields and park shelters. The city also provides a limited number of program offerings, such as after school programming, youth camps and library programs. To better understand the recreation needs of Tigard residents, we would like to learn more about your interest in recreational activities. 41. Which of the following recreational activities did you, or a member of your household, participate in within the last year: a. Arts and crafts b. Theater arts like music, drama, dance c. Youth activities like after - school programs, camps, day trips, or open gym recreation d. Family recreation like nature camps, kayaking or canoeing classes, etc e. Special events like concerts in the park, movies at the park f. Nature and outdoor programs like bird watching classes, plant and animal identification classes 10/25/2011 9 II I T c' .+ n 2011 COMMUNITY ATTITUDES SURVEY Phone Version g. Youth and adult sports leagues h. Sports, health and fitness classes like yoga, martial arts, archery, sports skills, etc. i. Adult classes like music, cooking, dog training, financial planning, parenting j. Other 42. What recreational activities would members of your household like to see offered in Tigard? a. Arts and crafts b. Theater arts like music, drama, dance c. Youth activities like after - school programs, camps, day trips, or open gym recreation d. Family recreation like nature camps, kayaking or canoeing classes, etc e. Special events like concerts in the park, movies at the park f. Nature and outdoor programs like bird watching classes, plant and animal identification classes g. Youth and adult sports leagues h. Sports, health and fitness classes like yoga, martial arts, archery, sports skills, etc. i. Adult classes like music, cooking, dog training, financial planning, parenting j. All of my recreation needs are being met k. Other 43. Which of one of the following statements best describes what the City of Tigard's role should be with respect to recreation and leisure activities in Tigard? a. The City should NOT be an active provider for recreation and leisure activities. b. The City should provide a monthly catalog of recreational and leisure activities and coordinate a limited number of activities. 10/25/2011 10 Tl` -gain 2011 COMMUNITY ATTITUDES SURVEY Phone Version c. The City should provide a monthly catalog of activities, coordinate a limited number of activities, and schedule athletic fields and facilities. d. The City should be a full service provider of recreation and leisure activities. This could include cataloging activities, coordinating and scheduling a full range of activities from youth leagues to festivals, hosting events and festivities, and acquiring the necessary facilities, fields, and buildings. 44. And finally, what do you believe is the one important issue the City Council needs to address over the next year? 10/25/2011 11 e , TIGA"D 2011 COMMUNITY ATTITUDES SURVEY Phone Version Now I have a few demographic questions for statistical purposes. Dl. What is your approximate age please? 1. 18 -34 2. 35 -39 3. 40 -44 4. 45 -49 5. 50 -54 6. 55 -59 7. 60 -64 8. 65+ 9. NA D2. Are you currently employed, either part time or full time? 1. Yes, full time 2. Yes, part time 3. No, not employed 4. (DON'T READ) don't know D3. IF RESPONSE 1 OR 2 (EMPLOYED): Where is your job located? We want to know the area where your job is located, not the name of the business. READ LIST ONLY IF NECESSARY 1. Work at home 2. Beaverton 3. Hillsboro 4. Lake Oswego 5. Portland /downtown 6. Portland /other 7. Salem 8. Sherwood 9. Tigard 10/25/2011 12 . II I T 011D 2011 COMMUNITY ATTITUDES SURVEY Phone Version 10. Tualatin 11. West Linn 12. Wilsonville 13. Vancouver, WA 99 Other (SPECIFY) 98 don't know /refused D4. Do you own or rent your current home? 1. Own 2. Rent 3. (DON'T READ) don't know /refused D5. Do you currently have children under the age of 18 living at home? 1. no IF YES: How many? 2. 1 3. 2 4. 3 4. 4 5. 5 or more 6. Refused /NA D6. Are you currently registered to vote? 1. Yes 2. No 3. Refused /NA D7. What is the last year of education you had the chance to complete? 1. 0 -12 years (high school or less) 2. 13 -15 years (some college /trade /vocational school) 3. 16 years (college graduate) 4. 17+ years (post- graduate education) 5. NA 10/25/2011 13 nG 2011 COMMUNITY ATTITUDES SURVEY Phone Version D8. How long have you lived in the City of Tigard? 1. Less than one year 2. 1 -4 years 3. 5 -9 years 4. 10 years or longer 5. NA D9. Do you happen to know which of the following elementary schools is nearest to your home? (RANDOMIZE 1 -6) 1. Alberta Rider 2. C.F. Tigard 3. Durham 4. Metzger 5. Templeton 6. Mary Woodward 7. (DON'T READ) don't know 10/25/2011 14