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City Council Packet - 12/13/2011 TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING December 13, 2011 COUNCIL MEETING WILL BE TELEVISED I: \Design & Communications \Donna\City Council \ccpkt1 Cathy Wheatley 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov 1 City of Tigard . - Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY AND LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: December 13, 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 /government- meetings /tigard 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, CITY CENTER DEVELOPMENT AGENCY AND LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: December 13, 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. Briefing on a Clean Water Services (CWS) Intergovernmental Agreement (IGA) Regarding the Derry Dell Sewer Project B. Administrative Items • EXECUTIVE SESSION: (Tigard City Council and the City Center Development Agency) The Tigard City Council will go into Executive Session discuss real property transaction negotiations and to consult with legal counsel regarding pending litigation under ORS I92.660(2)(e) (h). The City Center Development Agency will go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2)(e). 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. !II City of Tigard TIGARD Study Session - Agenda TIGARD CITY COUNCIL & CITY CENTER DEVELOPMENT AGENCY MEETING DATE /TIME: Dec. 13, 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 p.m. CCDA EXECUTIVE SESSION The City Center Development Agency (CCDA) will enter into an Executive Session to discuss real property transaction negotiations under ORS 192.660(2)(e). 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. 6:45 p.m. STUDY SESSION • A. BRIEFING ON A CLEAN WATER SERVICES (CWS) INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING THE DERRY DELL SEWER PROJECT 7:05 p.m. EXECUTIVE SESSION The Tigard City Council will go into Executive Session for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed under ORS 192.660(2) (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. 7:20 p.m. STUDY SESSION (Continued) • B. COUNCIL GOALS • C. CALENDAR ITEMS o Administrative Items ✓ Council Team Building TIGARD CITY COUNCIL STUDY SESSION AGENDA — Dec. 13, 2011 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard - or.gov Council Calendar: Dec. 20 Tuesday Workshop is now a Council Study Session /Business Meeting — 6:30/7:30 pm, Red Rock Creek Conference Room /Town Hall 27 Tuesday Council Meeting Cancelled Jan. 10 Tuesday Council Meeting - State of the City Address, 7:30 p.m., Town Hall 17 Tuesday Council Workshop Meeting — 6:30 p.m., Town Hall 24 Tuesday Council Study Session /Business Meeting — 6:30/7:30 p.m., Red Rock Creek Conference Room /Town Hall 30 Monday Special Joint Council Meeting with Tigard - Tualatin School District — 6:30 p.m. Dinner, 7:00 p.m. Meeting, Town Hall Feb. 14 Tuesday Council Study Session /Business Meeting — 6:30/7:30 p.m., Red Rock Creek Conference Room /Town Hall 21 Tuesday Council Workshop Meeting — 6:30 p.m., Town Hall 28 Tuesday Council Study Session /Business Meeting — 6:30/7:30 p.m., Red Rock Creek Conference Room /Town Hall TIGARD CITY COUNCIL STUDY SESSION AGENDA — Dec. 13, 2011 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard - or.gov 7:30 PM . BUSINESS MEETING - DECEMBER 13, 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 - time is estimated A. Follow -up to Previous Citizen Communication: None B. Tigard High School Student Envoy - Courtney Bither C. Tigard Area Chamber of Commerce - Executive Director Debi Mollahan D. Citizen Communication — Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council, 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: 7:45 p.m. - time is estimated A. Approve Council Meeting Minutes: October 11, 2011 October 18, 2011 November 1, 2011 B. 1. Council Calendar 2. Tentative Agenda C. Authorize the City Manager to Sign an Agreement and an Amendment to an Agreement with Oregon Department of Transportation for 2010 Pavement Overlays D. Local Contract Review Board: 1. Award Contracts for Vehicle and Light Truck Repair to Multiple Auto Services Shops: Landmark Ford, Tyler Automotive, and Russ Automotive and Direct the City Manager to Carry the Contract through Execution • 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. z 4. PRESENT THE AMERICAN PUBLIC WORKS ASSOCIATION (APWA) PROJECT OF THE YEAR AWARD FOR THE BURNHAM STREET RECONSTRUCTION PROJECT 750 p.m. - time is estimated 5. QUASI - JUDICIAL PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT, SENSITIVE LANDS REVIEWS AND ADJUSTMENT TO EXTEND WALL STREET TO FIELDS' PROPERTY (Hearing to be continued to February 28, 2012.) 7:55 p.m. - time is estimated COMPREHENSIVE PLAN AMENDMENT (CPA) 2009 - 00004 /SENSITIVE LANDS REVIEW (SLR) 2009 - 00004 /SENSITIVE LANDS REVIEW (SLR) 2009 - 00005 /ADJUSTMENT (VAR) 2010 -00002 - WALL STREET EXTENSION (FIELDS) REQUEST: The applicant is requesting amendments to the Comprehensive Plan to remove Goal 5 protection from Tigard Significant Wetlands and the riparian corridor surrounding Fanno Creek in order to extend Wall Street across City of Tigard property and Fanno Creek to his property. Sensitive Lands Review is required for proposed work within the 100 -year floodplain and wetlands. The applicant is requesting an adjustment to the street improvement standards in order to construct a narrower street section than required by code. Tree removal permits to remove trees within the sensitive lands were submitted under a separate application. LOCATION: No address, Washington County Tax Assessor's Map 2S102DA, Tax Lot 690. No address, Washington County Tax Assessor's Map 2S102DD, Tax Lot 100. 13560 SW Hall Blvd., Washington County Tax Assessor's Map 2S102DD, Tax Lot 200. No address, Washington County Tax Assessor's Map 2S10100, Tax Lot 1200. ZONES: R -12: Medium - Density Residential District. The R -12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. R -25: Medium High - Density Residential District. The R -25 zoning district is designed to accommodate existing housing of all types and new attached single- family and multi - family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential and Medium -High Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.380, 18.390, 18.510, 18.745, 18.775, 18.790 & 18.810; Comprehensive Plan Goals 1, 2, 5, 6, 7, 8, 11 & 12; Tigard Municipal Code Chapter 9; Metro Functional Plan Titles 3, 6 and 13; and Statewide Planning Goals 1, 2, 5, 6, 7, 8, 11 and 12. • Open Public Hearing and Continue to February 28, 2012. 6. DISCUSS FEDERAL LEGISLATIVE PRIORITIES WITH CFM STRATEGIC COMMUNICATIONS, INC. 8:00 p.m. - time is estimated 7. DISCUSS AMENDMENTS TO TIGARD MUNICIPAL CODE CHAPTER 1.16 AND CONSOLIDATION OF NUISANCE VIOLATIONS INTO A NEW TITLE 6 8:10 p.m. - time is estimated 8. UPDATE ON HIGH CAPACITY TRANSIT (HCT) LAND USE PLAN 8:50 p.m. - time is estimated 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to consult with legal counsel regarding pending litigation under ORS 192.660(2)(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. 9:15 p.m. - time is estimated 12. ADJOURNMENT 9:30 p.m. - time is estimated 2012 Tigard City Council Goals - DRAFT On December 6, 2010, the City Council met to set its goals for the comingyear. These goalr represent those items that the Council feels deserve special attention in the months ahead The City will accomplish much more than what is listed here, but we identifi these to be of particular importance to our residents. 1. Continue and Take the Next Step a. Oversight of the Lake Oswego - Tigard Water Partnership b. Comprehensive Plan Implementation: code revisions including tree code c. Tigard Triangle Development Plan d. Southwest Corridor Study e. Complete park land acquisition 2. Financial Sustainability a. Maintain the financial health of the General Fund and reserves b. Communicate alignment of city priorities with resources to citizens c. Ongoing evaluation of the City's sustainability efforts 3. Downtown a. Get desired tenants in available spaces downtown in the next three months b. Concentrate resources on the geographic area of greatest opportunity 4. Annexation a. Re- evaluate the City's annexation policy and develop an approach to future annexations, including islands 5. Recreation a. Evaluate options and resources to create a pilot recreation program i. Partner with the school district and other potential partners ii. Inventory current resources, facilities and programs of the City and community iii. Explore funding options that reflect recreation program demands Five Year Council Goals • Obtain Ash Avenue railroad crossing in downtown • Explore 99W Urban Renewal District • Continue to support the Legislature in addressing the financial needs of state and local governments in Oregon • Develop long -term financial strategy • Start implementing plan for City facility needs • Develop Sustainability Plan • Renew intergovernmental water agreement Long - Term Council Goals • Continue pursuing opportunities to reduce traffic congestion • Continue implementing Downtown Urban Renewal Plan • Continue to monitor the Tigard /Lake Oswego Water Partnership AIS -712 Item #: A. Business Meeting Date: 12/13/2011 Length (in minutes): 10 Minutes Agenda Title: Briefing on a Clean Water Services (CWS) Intergovernmental Agreement (IGA) Regarding the Derry Dell Sewer Project Prepared For: Kim McMillan Submitted By: Greer Gaston Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE The council will be briefed on an upcoming January 24, 2012 consent agenda item to consider a Clean Water Services IGA regarding the Derry Dell sewer project. STAFF RECOMMENDATION / ACTION REQUEST No action is requested at this meeting; the IGA is scheduled for consideration on the council's January 24, 2012 consent agenda. KEY FACTS AND INFORMATION SUMMARY The City of Tigard and CWS share responsibility for the operation and maintenance of the city's sewer system. CWS and the city have identified a problem - there are five locations where sanitary sewer lines are exposed as they cross Deny Dell Creek and Fanno Creek near Woodard Park. The creeks have washed away the soil /foundations surrounding these lines. As erosion continues, the exposed sewer lines could fail and sewage would be released into the waterways. Such a release would endanger public health, pollute the creek(s) and violate the federal Clean Water Act and state law. A map of the sewer line crossings is attached. To rectify the problem, a joint city /CWS project is proposed. The project will remove the exposed sewer line crossings along with several sewer access manholes in Woodard Park. Improvements include: • Designing and constructing approximately 1,200 feet of new sewer line. • Removing or abandoning 1,800 feet of existing sewer line. • Realigning a 700 -foot stretch of Deny Dell Creek. The attached IGA outlines city/CWS responsibilities as they pertain to the project. In short, CWS will design, contract, manage and fund the project. The city will: • Purchase the real property, or obtain an easement for the real property, required for the project. • Pay city permit and tree mitigation fees. • Allow an exemption to the sensitive lands permit, with the provision that the work will be performed under the direction of the city and in accordance with city Standards and Specifications for Riparian Area Management. The IGA was reviewed by the city attorney's office. OTHER ALTERNATIVES The council could: • Chose not to authorize the 1GA on January 24, 2012 and could provide staff with direction on some other course of action. • Direct staff to re- negotiate the IGA to pursue a different allocation of project responsibilities and /or funding. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None DATES OF PREVIOUS COUNCIL CONSIDERATION With regard to real property transactions arising from the IGA, the council discussed this item in executive session on April 26, 2011. Fiscal Impact Cost: 1,105,000 Budgeted (yes or no): Yes Where Budgeted (department/program): CIP - Sanitary Sewer Fund Additional Fiscal Notes: The Capital Improvement Plan includes $1,105,000 in fiscal year 2011 -2012 for the Derry Dell sewer project. This dollar amount will be sufficient to fund the city's share of the project. Attachments CL-k_ Map of Sewer Line Crossings INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CLEAN WATER SERVICES FOR THE DESIGN, PERMITTING, AND CONSTRUCTION OF THE DERRY DELL GRAVITY SEWER REPLACEMENT This Agreement, dated , 2011, is between CLEAN WATER SERVICES (District) a county service district organized under ORS Chapter 451 and THE CITY OF TIGARD (City) an Oregon Municipality. A. RECITALS 1. ORS 190.003 — 190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective functions as necessary. 2. District and City entered into an Intergovernmental Agreement dated January 25, 2005 and Amendments thereto dated July 1, 2008 and July 1, 2009 (IGA) that articulate the procedures for working together on projects. 3. District and City have responsibility to operate and maintain sewers in the project area. 4. This project will result in improvements to the District's and City's sewer system by eliminating some of the existing exposed sewer /creek crossings. 5. Under the IGA, District and City share the costs for system improvements. City is responsible for the cost of pipes 12 inches in diameter and smaller. District is responsible for the cost of pipes larger than 12 inches in diameter. 6. The pipes included in this project range in size from 8 inches to 24 inches. 7. The most reliable and cost - effective solution requires a joint District and City project. 8. District and City wish to work cooperatively as District designs, permits, and constructs improvements to the sanitary sewer along Derry Dell Creek. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: B. PROJECT DESCRIPTION The Derry Dell sewer project includes designing and constructing approximately 1,200 feet of new sanitary sewer, removing or abandoning 1,800 feet of existing sanitary sewer, and realigning a 700 -foot reach of Derry Dell Creek. The project will include removing five exposed sewer crossings on Derry Dell Creek and Fanno Creek and eliminating several sewer access manholes in Woodard City Park. Removing the crossings and eliminating the manholes will reduce the Page 1 — Intergovernmental Agreement Derry Dell Gravity Sewer Replacement risk of damage to the sewer system during periods of high stream flow, restore fish passage, improve the ecology and health of the stream corridor, and produce wetland mitigation credit. Stream bank erosion along Derry Dell Creek will also be addressed. The work described in this section shall be referred to as the "Project ". C. DISTRICT OBLIGATIONS District shall: 1. Provide the following Project delivery components: a. Project management b. Planning and public involvement c. Preliminary design d. Permitting e. Assist City with negotiating a property acquisition to relocate the stream channel f. Acquire easements needed to fill the existing stream channel g. Final design h. Contract documents i. Bidding and contract award j. Construction and contract administration D. TIGARD OBLIGATIONS City shall: 1. Assist District with Project planning and public involvement. 2. Provide existing planning information and data, as available. 3. Acquire real property or easement needed to relocate the new stream channel. 4. Allow District and its contractor access to City property and easements to construct and/or abandon sewer pipeline, perform site grading, and fill the existing stream channel. 5. Allow District and its contractor to remove trees and invasive vegetation on City property, as required. 6. Allow District and its contractor to replant and establish vegetation in any area disturbed by construction. 7. Pay City permit fees and tree mitigation fees as required by City code. 8. The parties agree that the Project will meet the requirements of section 18.775.020C of the City of Tigard Municipal Code for exemptions to a Sensitive Lands permit (Exemptions) provided the Project be performed under the direction of the City and in compliance with the provisions of the City of Tigard Standards and Specifications for Page 2 — Intergovernmental Agreement Derry Dell Gravity Sewer Replacement Riparian Area Management. The City Project Manager shall have the authority to direct District and its contractors within the scope of the Project to ensure that Project work meets these requirements. Either party may terminate this Agreement if the Project does not qualify for an Exemption by providing written notice to the other party. E. COMPENSATION District shall fund all aspects of the Project for assets and services described in Section C of this Agreement. City shall fund and pay for direct costs incurred by City including, but not limited to, City staff time, materials, and City permit fees for the services and assets described in Section D of this Agreement. City shall also pay for easement and land acquisition costs to relocate the creek. District and City agree that assigning the cost of this Project by pipe size would be difficult. Therefore, the parties agree that District's fair share of the Project cost shall be the cost outlined to provide the services and assets described in Section C of this Agreement, and City's fair share of the Project cost shall be the cost for City to provide the services and assets described in Section D of this Agreement. The parties also agree that any mitigation credits generated as part of the Project shall be allocated between District and City in proportion to each party's final investment in the Project. F. GENERAL TERMS 1. Laws and Regulations. City and District agree to abide by all applicable laws and regulations. 2. Term of this Agreement. This Agreement is effective from the date the last party signs it and shall remain in effect until the Project is complete and the parties' obligations have been fully performed or this Agreement is terminated as provided herein. 3. Amendment of Agreement. City and District may amend this Agreement from time to time, by mutual written agreement. 4. Termination. This Agreement may be terminated immediately by mutual written agreement of the parties, with the termination being effective in 30 days. 5. Integration. This document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future. Page 3 — Intergovernmental Agreement Derry Dell Gravity Sewer Replacement 6. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the parties shall indemnify and defend the other and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement (including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law, which arises out of, or results from, the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, contractors or representatives. 7. Attorney Fees. If any dispute arises concerning the interpretation or enforcement of this Agreement or any issues related to the U.S. Bankruptcy Code (whether or not such issues relate to the terms of this Agreement), the prevailing party in any such dispute shall be entitled to recover all of its attorney fees, paralegal fees, costs, disbursements and other expenses from the non prevailing party, including without limitation those arising before and at any trial, arbitration, bankruptcy, or other proceeding and in any appeal. 8. Resolution of Disputes. If any dispute out of this Agreement cannot be resolved by the project managers from each party, the City Manager and District's General Manager will attempt to resolve the issue. If the City Manager and District's General Manager are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs. In the event the dispute is not resolved in mediation, the parties will submit the matter to arbitration. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided in Oregon law. 9. Interpretation of Agreement. A. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in construing or interpreting this Agreement. 10. Severability /Survival. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause. 11. Approval Required. This Agreement and all amendments, modifications or waivers of any portion thereof shall not be effective until approved by 1) District's General Manager or the General Manager's designee and when required by applicable District rules, District's Board of Directors and 2) City. Page 4 — Intergovernmental Agreement Derry Dell Gravity Sewer Replacement 12. Choice of Law/Venue. This Agreement and all rights, obligations and disputes arising out of the Agreement shall be governed by Oregon law. All disputes and litigation arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. 13. Notice. The parties shall deliver any notice to the parties respective Project managers. District's Project manager is: Andy Braun, P.E. Capital Program Manager 2550 SW Hillsboro Highway Hillsboro, OR 97123 City's Project manager is: Kim McMillan, P.E. Construction Services and Engineering Supervisor 13125 SW Hall Blvd. Tigard, OR 97223 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above. CLEAN WATER SERVICES CITY OF TIGARD, OREGON By: By: General Manager or Designee City Manager or Designee APPROVED AS TO FORM APPROVED AS TO FORM District Counsel City Counsel Page 5 — Intergovernmental Agreement Derry Dell Gravity Sewer Replacement e. fr o•v& .. i .,, 1 , 'i 4t e.,_, .1 ' A ' ' Y.: r . ,, ,. r , 4' . ' I ''''``. ' 1 ` --7. r ; uu i :fir /��aw NE_5 t SEWER Cy . � 1 t ; -- t ~ -..1k4. CROSSING ,, e : ' , �., �.-r 1 { ` l8 \ '''" 1 . SEWER a c� .� f `. CROSSING r a-1 '�} 4' I • � ,� SEWER � � �� ' t ,,� CROSSING t � � �, FANNO ' '$ .- '�' " r� ` � � ;a / s � �. ^, r t CREEK ' `• x ' t. , 4 \ F ' , - ,, t ,'- --''•'.',4k`',.' 'r 4''m i ,y i L7 `'. CLYDESDALE r I P.. : .. 4 ; E .. C ' '� i i � I s � 8" SEWER � 4- '! 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F � • ;�tY' • `i y ' ��.. " . ' . � i., ! �� "' . ?bf �. ti II ilk a -,s ` i' L .. . . , 1� , 4, •: � .: `'� / '.. 4 , . '\, . 4. �' i '.e. if d ..4, f ii il SCALE: 1"=200 FT PUBLIC w RKS DEPARTMENT DERRY DELL CREEK FIGURE " 11 -14._ u12s s O R. e�w. FIG-2 .c, ya R O, OREGON 97221 SANITARY SEWER CROSSING VOICE. 50J- 639 -4171 . ,; ; FAX 501- 624 -0752 PROPOSED ALIGNMENT (FIGURE 2) FILE NO ( i el, ,2' r) WWW. nGARV- OR.GOv 1 AGENDA ITEM NO. 2 -D CITIZEN COMMUNICATION DATE: December 13, 2011 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: p14 ('i b' 71 Also, please spell your name as it sounds, if it will '(. tve-hPrt N help the presiding officer pronounce: Address i 11 `f W P JZ WC E 7011 L/V/. City -'l L,4 State Zip '172. 23 Phone No. -C 03 • #7- MN. K Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION S • , yL T UP COMNG I EVEN - (DATE OF MEETING) - 1 Good Morning Tigard (GMT) Business Networking — 7:30- 9:00am - FREE • 12/22/11— NO GMT— Enjoy Christmas! o 12/29/11— NO GMT — We will see you NEXT YEAR!! • 1/5/12 — WorldPay • Hosted at the Tigard Chamber of Commerce, 12345 SW Main St, Tigard OR • 1/12/12 — AVAILABLE • TBD • 1/19/12 — Phoenix Functional Fitness • Hosted at Next Level Marshal Arts and Fitness - 14865 SW 74th Ave Suite 290 Tigard, 97223 • 1/26/12 — Reward Travel • Hosted at the Tigard Chamber of Commerce, 12345 SW Main St, Tigard OR • 2/02/12 — Available • TBD • 2/09/12 — WooHoo' • Hosted at their location, 12198 SW Scholls Ferry Rd, Tigard OR (from Scholls turn on 121 and left into their parking lot) Other Chamber Events Lunch & Learns — Free, Noon to 1:00 p.m. • Hosted at Tigard Chamber, Pearson Room, Noon — 1:00 p.m., BYOL • 01/18/12 - 8 Essential Skills for Successful Networking at Events: O Register for these events on our website Lunch Local — No Host Lunch, 2 " & 4th Wed of each month 11:45 a.m. to 1 p.m. • 12/14 - Biscuits Cafe on Capital Hwy • 12/28 - Baja Fresh on Pacific Hwy TACC Holiday Luncheon — 12/16/11 Embassy Suites Washington Square— 11:30 •Pre - registration Required • See our website to register for more details http: / /www.tigardchamber.org /site/ 1st Congressional District Candidate Form— 01/10/12 @ Broadway Rose— 7:30- 8:30pm *Chamber Members and Invited Guests only • Doors Open at 7pm. See our website for more details http: / /www.tigardchamber.org /site/ BOWLORAMA — 03/03/12 @ Tigard Bowl on Pacific Hwy 9am *Pre registration Required • See our website to register or for more details http: / /www.tigardchamber.org /site/ For more about these and other events, go to www.tigardchamber.org /site /directory /events IGARD AREA sign up for our newsletter, e-mail info @tigardchamber.org and put newsletter in the subject line CHM.BEROF Find us on Facebcokf COMMERCE w'- /� •_e, . s I 'fit SUPPLEMENTAL PACKET FOR High � and h School (DALE OF MEETING) 9000 SW Durham Rd. • Tigard • Oregon • 97224 (503) 431 -5518 December 13, 2011 L Activities a. The band hosted their annual Holiday Craft Bazaar on the 3rd of December. b. THS Leadership had a sleepover at the high school on the 2nd with Bend HS Leadership, who was visiting Doernbecher. c. Leadership has also started our emergency canned food drive as of last Monday. The food donations will benefit Loaves and Fishes. d. Our Holiday Assembly is planned for Friday the 16th and will feature dancing, singing and other talents. i. Athletics a. Varsity Football lost to Jesuit in the second round of playoffs and finished the season 11 -1. b. Both girls and boys basketball has started. c. Tigerettes hosted their Jr. Tigerette Clinic on the 3rd. d. The ski team has started racing and also did a wreath fundraiser. e. Swimming season has also started. I L Arts a. Almost Maine had performances on November 17th -19th and December 1st -3rd. IV. Academics a. School will end this Friday for Winter Break. AIS -742 Item #: 3. A. Business Meeting Date: 12/13/2011 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: October 11, 2011 October 18, 2011 November 1, 2011 STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY Consideration of draft City Council meeting minutes. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments October 11. 2011 City Council Meeting Minutes October 18. 2011 City Council Meetirg_Minutes November 1. 2011 Special City Council Meeting Minutes AIS -743 Item #: 3. B. i Business Meeting Date: 12/13/2011 Length (in minutes): Consent Item Agenda Title: Receive and File - Council Calendar and Tentative City Council Agendas Submitted By: Cathy Wheatley Administrative Services Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Receive and file only; no City Council action requested. STAFF RECOMMENDATION / ACTION REQUEST Receive and file only; no City Council action requested. KEY FACTS AND INFORMATION SUMMARY Receive and file only; no City Council action requested. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Council Calendar Tentative Agenda Agenda Item No 3.B.1 For Agenda of December 13, 2011 MEMORANDUM TIGARD TO: Honorable Mayor & City Council FROM: Carol A. Krager, Deputy City Recorder RE: Three -Month Council Meeting Calendar DA'Z'E: December 2, 2011 Regularly scheduled Council meetings are marked with an asterisk ( *). December 6 Tuesday Council Goal Setting 12 -5 p.m., Fanno Creek House 13* Tuesday Council Business Meeting — 6:30 p.m., Town Hall 20* Tuesday Council Business Meeting — 6:30 p.m., Town Hall 27* Tuesday CANCELLED January 10* Tuesday Council Business Meeting — 6:30 p.m., Town Hall 17* Tuesday Council Workshop Meeting — 6:30 p.m., Town Hall 24* Tuesday Council Business Meeting — 6:30 p.m., Town Hall 30 Monday Joint Meeting with Tigard- Tualatin School District — Dinner at 6:30 p.m., Meeting at 7:00 p.m., Town Hall February 14* Tuesday Council Business Meeting — 6:30 p.m., Town Hall 21* Tuesday Council Workshop Meeting — 6:30 p.m., Town Hall 28* Tuesday Council Business Meeting — 6:30 p.m., Town Hall I: \ADM \City Council \Council Calendar \ 3-month calendar for c mtg 111213.doc Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 12/5/2011 1:46 PM - Updated Form Meeting Submitted Meeting Inbox or # Date By Type Title Department Finalized 409 12/20/2011 Carol Krager AAA Business Meeting I 664 12/20/2011 Marissa ACCSTUDY 25 Minutes - Briefing on SW Corridor Public Involvement Community Daniels M, Assoc. Daniels and Messaging Development Planner 716 12/20/2011 Twila Willson ACCSTUDY 10 Minutes - Briefing on Consent Agenda Item to Award Public Works Gaston G, Conf a Computerized Maintenance Management System Executive Asst (CMMS) Contract to MaintStar 719 12/20/2011 Twila Willson ACCSTUDY 10 Minutes - Executive Session on Pending Litigation Public Works 11/04/2011 686 12/20/2011 Debbie Smith- ACONSENT Consent Item - Banking Services Contract Financial and Smith -Wagar D, Wagar Information Asst Finance Services Director 717 12/20/2011 Twila Willson ACONSENT Consent Item - Contract Award - Computerized Public Works Gaston G, Conf Maintenance Management System (CMMS) Executive Asst 730 12/20/2011 Sean Farrelly ACONSENT Consent Item - Appoint Members to City Center Community Farrelly S, Redev Advisory Commission Development Project Manager 732 12/20/2011 Greer Gaston ACONSENT Consent Item - Approve the Agreement Conveying Tract Public Works Gaston G, Conf H of Colony Creek Estates No. 2 to the City Executive Asst 733 12/20/2011 Toby LaFrance ACONSENT Consent Item - Resolution Waiving Temporary Sign Financial and 11/23/2011 Permit Fees for Tigard Little League Information Services 1 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 12/5/2011 1:46 PM - Updated 740 12/20/2011 Susan ACONSENT Consent Item - Appoint Donald Schmidt & Calista Community Hartnett S, Asst CD Hartnett Fitzgerald as Voting Members, Andrew Miller & Dianne Development Director Armstrong as Alternates to the Planning Commission 744 12/20/2011 Toby LaFrance ACONSENT Consent Item - Approve Amendment #01 to Financial and 12/02/2011 Intergovernmental Agreement (IGA) with Oregon Information Department of Transportation (ODOT) - Motor Vehicle Services Fuel Dealer Tax Collection 655 12/20/2011 Liz Lutz CCBSNS Consent Item - Approve Budget Committee Financial and LaFrance T, Fin /Info Appointments (1 vacancy and 1 alternate vacancy) Information Svcs Director Services 661 12/20/2011 Cheryl Caines CCBSNS 40 Minutes - Tree Board Joint Meeting with City Council Community Caines C, Assoc Development Planner 710 12/20/2011 Greer Gaston CCBSNS 20 Minutes - Public Hearing: Consider a Resolution of Public Works Gaston G, Conf Necessity to Acquire Property for the Lake Oswego- Executive Asst Tigard Water Partnership 731 12/20/2011 Greer Gaston CCBSNS 10 Minutes - Executive Session - Real Property Public Works 11/22/2011 Negotiations on Potential Park Property Acquisition Total Time: 70 of 110 Minutes Scheduled I II 698 12/27/2011 Cathy AAA Business Meeting Canceled Wheatley t -- II 639 01/10/2012 Cathy AAA Business Meeting - State of the City Wheatley 728 01/10/2012 (Cathy CCBSNS 30 Minutes - State of the City Address Administrative 11/22/2011 heatley Services 2 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 12/5/2011 1:46 PM - Updated 640 01/17/2012 Cathy AAA Workshop Meeting Wheatley I II 642 01/17/2012 reer Gaston CCWKSHOP Minutes - Discussion of Concept Designs for Pacific Public Works McCarthy M, Highway /McDonald /Gaarde Intersection Improvements St /Trans Sr Proj Eng 668 01/17/2012 Liz Lutz CCWKSHOP40 Minutes - Budget Committee Meeting Financial and LaFrance T, Fin /Info Information Svcs Director Services 700 01/17/2012 Steve Martin CCWKSHOP 45 Minutes - Park Systems Development Charge Public Works Martin S, Parks Discussion Manager 723 01/17/2012 Greer Gaston CCWKSHOP 10 Minutes - Briefing on Initiating Action to Transfer Public Works McMillan K, Jurisdiction of a Portion of Barrows Road to the City Engineering Manager Total Time: 135 of 180 Minutes Scheduled I II 641 01/24/2012 Cathy AAA Business Meeting Wheatley = __ II 725 01/24/2012 Kent Wyatt ACCSTUDY 10 Minutes - Discuss Amending the Model Bylaws for Administrative Boards and Commissions Services 739 01/24/2012 Steve Martin ACCSTUDY 15 Minutes - Update on Park Bond Acquisition Public Works Gaston G, Conf I Executive Asst Total Time: 25 of 45 Minutes Scheduled I II 671 01/24/2012 Greer Gaston ACONSENT Consent Item - Consider an Intergovernmental Public Works Gaston G, Conf Agreement with Clean Water Services Regarding Derry Executive Asst Dell Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 12/5/2011 1:46 PM - Updated 746 01/24/2012 Louis Sears ACONSENT 15 Minutes - MACC resolution recommending approval Financial and of Happy Valley and West Linn to MACC Information Services II 414 01/24/2012 Joanne CCBSNS 15 Minutes - 4th Quarter Goal Update City Management Bengtson J, Exec Bengtson Asst to City Mgr 606 01/24/2012 Todd Prager CCBSNS 30 Minutes - Urban Forestry Code Revisions Process Community Prager T, Assoc Update Development Planner /Arborist 663 01/24/2012 Susan CCBSNS 30 Minutes - Public Hearing to Amend Chapter 1.16 and Community Hartnett S, Asst CD Hartnett Create New Title 6 and Modify Master Fees and Charges Development Director Schedule 724 01/24/2012 Greer Gaston CCBSNS 30 Minutes - Selection of a Concept Design for Pacific Public Works McCarthy M, Highway /McDonald /Gaarde Intersection Improvements St /Trans Sr Proj Eng 738 01/24/2012 Carissa Collins CCBSNS 15 Minutes - Supplemental Amendment to the FY 2012 Financial and Collins C, Sr Mgmt Budget Information Analyst (Fin Adm) Services 569 02/14/2012 Cathy AAA Meeting Date: I Absences to Note: I Location: Tigard Wheatley City Hall I II 677 02/14/2012 Greer Gaston ACONSENT Consent Item - Adopt a Resolution Initiating Action to Public Works McMillan K, Transfer Jurisdiction of a Portion of Barrows Road to the Engineering City Manager 612 02/14/2012 John Goodrich CCBSNS 15 Minutes - Approve Ordinance to Amend Title 12 - Public Works Gaston G, Conf Water and Sewer Executive Asst 4 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 12/5/2011 1:46 PM - Updated 643 02/14/2012 Greer Gaston CCBSNS 30 Minutes - Selection of a Concept Design for Pacific Public Works McCarthy M, Highway /McDonald /Gaarde Intersection Improvements St /Trans Sr Proj Eng 726 02/14/2012 Kent Wyatt CCBSNS 10 Minutes - Consider Amendment to the Tigard Model City Management Wyatt K, Bylaws for Boards and Committees (Ordinance) Management Analyst 736 02/14/2012 Judith Gray CCBSNS 45 Minutes - Review and Preparation for Consultant Community Gray J, Sr Presentation of High Capacity Transit (HCT) Land Use Development Transportation Plan Draft Report Planner 737 02/14/2012 John Floyd CCBSNS 10 Minutes - Plan District Intergovernmental Agreement Community Hartnett 5, Asst CD with Clean Water Services Development Director otal Time: 110 of 110 Minutes have been sch _ - - _ - I _ I 570 02/21/2012 Cathy AAA Meeting Date: I Absences to Note: I Location: Tigard Wheatley City Hall I II 652 02/21/2012 Nadine CCWKSHOP 20 Minutes - Tigard Municipal Court Annual Report Administrative Robinson N, Admin. Robinson Services Svcs. Manager 681 02/21/2012 Sean Farrelly CCWKSHOP 60 Minutes - Annual Joint City Center Development Community Farrelly S, Redev Agency /City Center Advisory Commission Meeting Development Project Manager 693 02/21/2012 Judith Gray CCWKSHOP 90 Minutes - High Capacity Transit Land Use Plan Community Gray J, Sr Presentation - Joint Session with Planning Commission Development Transportation Planner Total Time: 170 of 180 Minutes Scheduled � I 5 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 12/5/2011 1:46 PM - Updated 568 02/28/2012 Cathy AAA Meeting Date: Absences to Note: I Location: Tigard Wheatley City Hall I II 692 02/28/2012 Cheryl Caines CCBSNS 45 Minutes - Tigard Triangle Plan Update Community Caines C, Assoc I Development Planner 709 02/28/2012 Cheryl Caines CCBSNS 60 Minutes - FIELDS HEARING CONTINUATION Community Caines C, Assoc I Development Planner Total Time: 105 of 110 Minutes Scheduled I II 571 03/13/2012 Cathy AAA Meeting Date: I Absences to Note: I Location: Tigard Wheatley City Hall I II 682 03/13/2012 Greer Gaston CCBSNS 15 Minutes - Informational Public Hearing to Consider a Public Works Berry G, Project Resolution Finalizing Sanitary Sewer Reimbursement Engineer District No. 42 ( SW 100th Avenue) 745 03/13/2012 Gary CCBSNS 15 Minutes - Revised Planning Commission Bylaws Community Hartnett S, Asst CD Pagenstecher (resolution) and TMC 2.08 (ordinance) Development Director Total Time: 30 of 110 Minutes Scheduled II 573 03/20/2012 Cathy AAA Meeting Date: I Absences to Note: I Location: Tigard Wheatley City Hall I II 607 03/20/2012 Todd Prager CCWKSHOP 60 Minutes - Urban Forestry Code Revisions Workshop Community Development 708 03/20/2012 Cheryl Caines CCWKSHOP 45 Minutes - JOINT MEETING WITH THE TREE BOARD Community Caines C, Assoc Development Planner Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 12/5/20111:46 PM - Updated Total Time: 105 of 180 Minutes Scheduled I II 572 03/27/2012 Cathy AAA Meeting Date: I Absences to Note: I Location: Tigard Wheatley City Hall I II 701 03/27/2012 Steve Martin CCBSNS 20 Minutes - Adoption of Park SDC rates Public Works Total Time: 20 of 110 Minutes Scheduled I II 574 04/10/2012 Cathy AAA Meeting Date: I Absences to Note: I Location: Tigard Wheatley City Hall I II 575 04/17/2012 Cathy AAA Meeting Date: I Absences to Note: I Location: Tigard Wheatley City Hall I II 576 04/24/2012 Cathy AAA Meeting Date: I Absences to Note: I Location: Tigard Wheatley City Hall II 608 04/24/2012 Todd Prager CCBSNS 90 Minutes - Urban Forestry Code Revisions Public Community I Hearing Development II I [ Total Time: 90 of 110 Minutes Scheduled II 7 AIS -714 Item #: 3. C. Business Meeting Date: 12/13/2011 Length (in minutes): Consent Item Agenda Title• Authorize the City Manager to Sign an Agreement and an Amendment to an Agreement with • Oregon Department of Transportation for 2010 Pavement Overlays Prepared For: Mike McCarthy Submitted By: Mike McCarthy Public Works Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Shall the council authorize the city manager to sign an agreement (ODOT No. 27,221) and an amendment to an agreement (ODOT No. 25,475) with the Oregon Department of Transportation (ODOT) for pavement overlays completed in 2010? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council authorize the city manager to sign the documents. KEY FACTS AND INFORMATION SUMMARY • The agreement and amendment currently before the council are housekeeping -type documents that will enable ODOT to close out American Recovery and Reinvestment Act (ARRA) funding. The amendment deletes a section of ODOT Agreement No. 25,475 and replaces this section with the new ODOT Agreement No. 27,221. • In 2009 the cities of Sherwood, Cornelius and Tigard entered into agreements with ODOT. Under Tigard's agreement, the city was eligible to receive $1.1 million of a nearly $1.9 million total ARRA funding package. Remaining funding went to Sherwood and Cornelius. ODOT administered this funding. • Tigard's funding was earmarked to pave sections of 72nd Avenue and Bonita and Durham Roads. Bids for these initial paving projects came in much lower than expected, totaling only about $900,000. Rather than forfeit the remaining $200,000, the city obtained ODOT's consent to pave additional sections of Bonita Road as well as sections of Upper Boones Ferry Road and Sequoia Parkway. • ODOT staff authorized the additional paving projects with the understanding that a subsequent agreement and amendment would be necessary. These are the documents now before the council. • The city's paving work has been completed and was paid for with ARRA funds administered by ODOT, with ODOT acting on behalf of the city. • The city attorney has reviewed the agreement and the amendment. OTHER ALTERNATIVES The council could elect not to authorize the agreement and amendment. This would create compliance issues for ODOT with respect to the ARRA funding process; it is unclear what ramifications would result. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2011 Tigard City Council Long Range Objectives: "Basic city services provided to citizens are cost effective and are delivered without interruption." "External and internal city assets are well managed and utilized." DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time ODOT agreement No. 27,221 has come before the council. ODOT agreement No. 25,475 was approved by council on April 14, 2009. An amendment to that agreement is now before the council. This is the first time the council has considered this amendment. Fiscal Impact Fiscal Information: The city's paving work has been completed and was paid for with ARRA funds administered by ODOT, with ODOT acting on behalf of the city. The contractor, design consultant, and construction inspectors were hired directly by ODOT. Funds were not processed through Tigard's financial system. This agreement and amendment do not obligate the city to any expenditures, nor any staff time beyond what was already provided to monitor the various paving projects. Attachments ODOT Agreement No. 27.221 Amendment to ODOT Agreement No. 25.475 Resolution No.09 -19 and ODOT Agreement No. 25.475 with Amendment I QTY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- r q A RESOLUTION OF THE CITY COUNCIL APPROVING AN AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION (ODOT) FOR THE PAVING OF PORTIONS OF BONITA ROAD, DURHAM ROAD, AND 72ND AVENUE IN THE CITY USING FUNDING PROVIDED THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA). WHEREAS, the American Recovery and Reinvestment Act (ARRA) provides each state a sub - allocation of ARRA funds for cities, counties and metropolitan areas; and Where the Cit has been allocated the amount of $1,116,000 in ARRA funds for paving portions of Bonita Road, Durham Road and 72nd Avenue in the City, and WHEREAS, the City and the Oregon Department of Transportation (ODOT) desire to enter into an agreement for use of this funds; and WHEREAS, approval of this agreement by both parties is required before any funds are spent on the project. NOW, THEREFORE, BE IT RESOLVED bythe Tigard City Council that: SECTION 1: The agreement attached as Exhibit A to this Resolution is hereby approved, and the City Manager is authorized to sign the agreement documents and any other documents needed for use of the ARRA funds. SECTION 2: This resolution is effective immediately upon passage. PASSED: This f L t 4-- yof u , 2009. r City of Tigard A'r1'EST City Recorder - City of Tigart ii\ englgus 'resolutions\2009■4 -l4-09 resolution approving an iga with odot for the arra pavement overlay project res.doc RESOLUTION NO. 09- Page 1 Exhibit A Misc. Contract & Agreement No. 25475 LOCAL AGENCY AGREEMENT American Recovery and Reinvestment Act of 2009 1 R- Paving Bonita Road, Durham Road and 72nd Avenue Overlay (Tigard) City of Tigard THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State," and the City of Tigard, acting by and through its elected officials, hereinafter referred to as "Agency," collectively hereinafter referred to as the "Parties." RECITALS 1. Bonita Road, Durham Road, and 72nd Avenue are a part of the city street system under the jurisdiction and control of Agency. 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and 366.576, state agencies may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. The American Recovery and Reinvestment Act of 2009, hereinafter referred to as the "ARRA ", provides funding for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and state and local fiscal stabilization, for fiscal years 2009 and 2010. 4. The ARRA provides each state a sub - allocation of ARRA funds for cities, counties and metropolitan areas. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree to pave various streets or roads as further identified and shown in the description (Exhibit A -1) and map (Exhibit A -2) both attached hereto and by this reference made a part hereof, hereinafter referred to as "Project ". The Project will consist of a 2 -inch pavement overlay in accordance with 1R Guidelines. Key No. 16491 Agency /State Agreement No. 25475 2. The Project shall be conducted as a part of the ARRA Program under Title 23, United States Code. The total Project cost is estimated at $1,116,000, which is subject to change. ARRA Program funds for this Project shall be limited to $1,116,000. The Project will be financed with ARRA funds at 100 percent of the maximum allowable federal participating amount. Agency will not be required to provide a match for the ARRA funds but will be responsible for any non - participating costs, including all costs in excess of the available federal funds. 3. The federal funding for this Project is contingent upon approval by the FHWA and receipt of federal funds by State. Any work performed prior to "authorization" (also called obligation of funds) by FHWA or outside the scope of work will be considered non - participating and paid for at Agency expense. 4. State considers Agency a subrecipient of the federal funds it receives as reimbursement under this Agreement. The Catalog of Federal Domestic Assistance (CFDA) number and title for this Project is 20.205, Highway Planning and Construction. 5. Agency can place signs that identify Project as "American Recovery and Reinvestment Act of 2009" (State approved design). Agency may affix additional signage that identifies local funds used for the Project. 6. Agency shall report to State the required reporting data by federal and state mandates for delivery of the ARRA program. State shall inform the local agencies of the reporting requirements once they have been received from FHWA and the Department of Administrative Services and such requirements shall be made a part of this Agreement. 7. The term of this Agreement will begin upon execution and will terminate upon completion of the Project and final payment or September 30, 2015, whichever is sooner. Any work performed prior to Notice to Proceed from State's Local Agency Liaison will not be reimbursed. 8. This Agreement may be terminated by mutual written consent of both Parties. 9. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. 2 Agency /State Agreement No. 25475 b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. 10. Because of the ARRA funding requirements, Agency must advance the Project for obligation of funds prior to March 1, 2010; and State must make a determination no later than December 31, 2009 whether this date will be met. Therefore, if Agency has not submitted the Project's "Plans, Specifications and Estimates" (PS &E) package to State's Region office by December 31, 2009, the Project will be reviewed by State, in coordination with the Oregon Local Program Committee. If State determines that the ARRA funds will not be, or are unlikely to be, obligated for construction prior to March 1, 2010, State may terminate this Agreement effective upon delivery of written notice to Agency, allowing the funds to be distributed to another project at State's discretion; and State shall have no obligation to replace the ARRA funds with other state or federal funds. 11. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 12. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal -aid projects and may be modified only by the Special Provisions. The Parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. 13. Agency, as a recipient of federal funds, pursuant to this Agreement with State, shall assume sole liability for Agency's breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon 3 Agency /State Agreement No. 25475 Agency's breach of any such conditions that requires State to return funds to the Federal Highway Administration, hold harmless and indemnify State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non - appropriated funds, up to the amount received under this Agreement. 14. Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 15. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 16. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party has read this Agreement, understands it, and agrees to be bound by its terms and conditions. This Project is amended into the 2008 -2011 Statewide Transportation Improvement Program, Key No. 16491 that was approved by the Oregon Transportation Commission on November 14, 2007 or will subsequently be approved by amendment to the STIP. The Oregon Transportation Commission on December 29, 2008, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day - to -day operations. Day -to -day operations include those activities required to implement the biennial budget approved by the Legislature, including activities to execute a project in the Statewide Transportation Improvement Program. 4 Agency /State Agreement No. 25475 On September 15, 2006, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director, Highways, to approve and sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program. City of Tigard, by and through its elected STATE OF OREGON, by and through officials its Department of Transportation By BY - -- – - - -- - - -- Deputy Director, Highways Date Executed ate By Agreement on file Date with ODOT PPROVAL RECOMMENDED _.✓ --------------- -- APPROVED AS TO LEGAL Local Govemment Section Manager SUFFICIENCY Date By---- - - - - -— - -- Agency Counsel APPROVED AS TO LEGAL SUFFICIENCY Date By _ _ Agency Contact: Assistant Attorney General Craig Prosser 13125 SW Hall Blvd Date: ----------------- - - - - -- Tigard, OR 97223 craig @tigard - or.gov (503) 718.2476 State Contact: Michele Thom, ODOT Region 1 123 NW Flanders Street Portland, OR, 97209 -4012 Michele.R.Thom @ODOT.state.or.us 503.731.8279 5 Agency /State Exhibit A -1 Agreement No. 25475 Description Project Limits Bonita Road from Fanno Creek to 1 -5 (city limits) Durham Street from Hall Boulevard to Upper Boones Ferry Road 72 Avenue from Upper Boones Ferry Road to Fir Street (SW of Hwy 217) 6 Agency /State Exhibit A -2 Agreement No. 25475 Map '' orn i I* ' ,.. r ... _,__. ,LL, , .. , , • , , e - ,,- y. aellitif .0t‘ - _ - ' IlAte361416 citli krytits 8 44 --- . ,,,,,, 1 . , ... ... at 41 %110 ' ra ._ R _ 4 1; 'tiff - • 9 R t w i ft \ til �,+ i ,.. _.3.__,..).......„......,, . . . ,. ,-,-,- , -.,, T: - fi r .. 1 ' 1,,1 r 06 : 11 1 to ° ` „ ! Bonita Rd: Fanno: Crateic'- City limits 7 Agency /State Exhibit A -2 Agreement No. 25475 Map • ,.......„-,..---,.---._::,;. T..- ..:::roli.:: * ..1 - ..';".. .: 5 -, „. .- ...,._ ...., :., _ , ..,,, .... : ' \t .-, 11' -...':',,.'....-.....'::.;. ::11t: ' 1 71 r �{ 'Y r I Jf6 1 ,,, `{ > x p Al ai MT ., ' ^-, . --,.' ' . , . • 2 ' • '', . ' ii, .- -, ....' ,Ite y �. � ' Zl • "gm, . f i } - - )1 .. r wx ow (4„ i t tol _,(7.- . .1 -::: ' 4'.,„ ar - :� F, R - ,; k • �, ..: . Durham Rd: Hall Blvd - Upper Boones Ferry Rd 8 Agency /State Exhibit A -2 Agreement No. 25475 Map lig mom ; �_�' m 414 „,,-;” : 'ikr�MIF: • r } ` k µ �.F 3 '^ -.. '+�. VIII: ' i R F � � .z i g ..x w. ti u dt .,..... , i_... -. gg - ,..ate, , # \:„}..:', k A k . � ,,d _'" ' ; ......3,„,,,,i..., ; k a � . "� ft .611 'f 3 ry Y .. r+l p1 1... *% • Py.. .p � ��eM�C�'� y Y , ..R 7 ..wit F 72 Ave: Upper Booties ` Ffny Rd — Fir St (SW of ` 21 Hwy 9 Agency /State Agreement No. 25475 ATTACHMENT NO. 1 to Agreement No. 25475 SPECIAL PROVISIONS 1. Agency or its consultant shall, as a federal -aid participating preliminary engineering function, conduct the necessary field surveys, environmental studies, traffic investigations, foundation explorations, and hydraulic studies, identify and obtain all required permits, and perform all preliminary engineering and design work required to produce final plans, preliminary/final specifications and cost estimates. 2. Upon State's award of the construction contract, Agency, or its consultant, shall be responsible to perform all construction engineering, field testing of materials, technical inspection and project manager services for administration of the contract. 3. In the event that Agency elects to engage the services of a personal services consultant to perform any work covered under this Agreement, Agency and Consultant shall enter into a Personal Services Contract approved by State's Chief Procurement Officer or designee (Salem). Said contract must be reviewed and approved by State's Chief Procurement Officer or designee prior to beginning any work. This review includes, but is not limited to the Request for Proposal, Statement of Work, advertisement and all contract documents. This review and approval is required to ensure federal reimbursement. 4. State may make available Region 1's On -Call Preliminary Engineering (PE), Design and Construction Engineering Services consultant for Local Agency Projects upon written request. If Agency chooses to use said services, Agency agrees to manage the work performed by the Consultant and reimburse State for payment of those services, which are not eligible as federal participating costs and included as part of the total cost of the Project. 5. Final billings shall be submitted to State for processing within two (2) years from the end of each funding phase as follows: 1) award date of a construction contract for preliminary engineering (PE) and 2) third notification for construction. Partial billing (progress payment) shall be submitted to State within one (1) year from the date that costs are incurred. Final billings submitted after two (2) years shall not be eligible for reimbursement. No ARRA funded invoices will be accepted and no ARRA funded payments will be made after September 30, 2015. State shall not be responsible to provide additional funding to Agencies that do not have final billings processed before this date. 6. If Project involves pavement overlay on a bridge, Agency shall either (a) load rate the bridge when adding two (2) inches of pavement depth to an existing bridge deck to determine the capacity of the bridge or (b) remove two inches of Asphalt Concrete (AC) from the bridge deck and then place two inches back for a zero net gain of 10 Agency /State Agreement No. 25475 Asphalt Concrete (in -lay /over -lay) on the bridge deck. Agency shall then sawcut the new AC pavement at the bridge ends and fill with poured joint filler to account for bridge movement. 7. If Project is a 1R resurfacing project included in the Statewide Programmatic Categorical Exclusion approved for ARRA projects, Agency shall ensure that Project conforms to the 1R Resurfacing Guidelines, attached by reference and shown on http:// www. oregon .gov /ODOT /HWY /LGS /online.shtml. 8. This Project Agreement does not require a Right of Way Services agreement as described in Standard Provisions, Paragraph 18. This Project will require right of way certification. Agency shall complete and sign the attached Right of Way Certification form, shown on Exhibit B, attached hereto and by this reference made a part hereof. 9. Agency shall, at its own expense, maintain and operate the Project upon completion and throughout the useful life of the Project at a minimum level that is consistent with normal depreciation and /or service demand. State and Agency agree that the useful life of this Project is defined as eight (8) calendar years. State may conduct periodic inspections during the life of the Project to verify that Project is properly maintained and continues to serve the purpose for which federal funds were provided. Maintenance and power responsibilities shall survive any termination of this Agreement. 11 Agency /State Exhibit B Agreement No. 25475 Right of Way Certification Form Oregon Department of Transportation RIGHT -OF -WAY CERTIFICATION Local Government ARRA 1R Projects 1. Project Information: Section Bid Opening Highway FAP No. County /City Key No. R/W Map # NONE 2. Primary Declaration: (Modify or delete statements that do not apply then delete this instruction). I certify that to the best of my knowledge the following statements are correct with regard to the right -of- way for this project (23 CFR 635.309): No additional right -of -way was acquired. Construction can be accomplished within the existing right -of -way. 3. Signature of Certifying Agency: (Both signatures required on Local Public Agency Projects). (enter name), Asst. State RNV Manager Local Government Agency --------------- - - -- Date Date 4. Distribution: (modify the distribution to fit your particular Region, with the exception of RNV Project Administration) Original: RNV Project Administration Copy: Local Governments Section Copy: Region RNV Manager Copy: Region Local Agency Liaison 12 Agency /State Agreement No. 25475 ATTACHMENT NO. 2 STANDARD PROVISIONS JOINT OBLIGATIONS PROJECT ADMINISTRATION 1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this administration. If requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State will further act for Agency in other matters pertaining to the Project. Agency shall, if necessary, appoint and direct the activities of a Citizen's Advisory Committee and /or Technical Advisory Committee, conduct a hearing and recommend the preferred alternative. State and Agency shall each assign a liaison person to coordinate activities and assure that the interests of both parties are considered during all phases of the Project. 2. Any project that uses federal funds in project development is subject to plans, specifications and estimates (PS &E) review and approval by FHWA or State acting on behalf of FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. PRELIMINARY & CONSTRUCTION ENGINEERING 3. State, Agency, or others may perform preliminary and construction engineering. If Agency or others perform the engineering, State will monitor the work for conformance with FHWA rules and regulations. In the event that Agency elects to engage the services of a personal services consultant to perform any work covered by this Agreement, Agency and Consultant shall enter into a State reviewed and approved personal services contract process and resulting contract document. State must concur in the contract prior to beginning any work. State's personal services contracting process and resulting contract document will follow Title 23 Code of Federal Regulations (CFR) 172, Title 49 CFR 18, ORS 279A.055, the current State Administrative Rules and State Personal Services Contracting Procedures as approved by the FHWA. Such personal services contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. Subcontracts shall contain all required provisions of Agency as outlined in the Agreement. No reimbursement shall be made using federal -aid funds for any costs incurred by Agency or its consultant prior to receiving authorization from State to proceed. Any amendments to such contract(s) also require State's approval. 4. On all construction projects where State is the signatory party to the contract, and where Agency is doing the construction engineering and project management, Agency, subject to any limitations imposed by state law and the Oregon Constitution, agrees to accept all responsibility, defend lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit arising out of the contractor's work or Agency's supervision of the project. STDPRO- 2008.doc 13 Rev. 09 -23 -2008 Agency /State Agreement No. 25475 REQUIRED STATEMENT FOR United States Department of Transportation ( USDOT) FINANCIAL ASSISTANCE AGREEMENT 5. If as a condition of assistance, Agency has submitted and the United States Department of Transportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative Action Program which Agency agrees to carry out, this affirmative action program is incorporated into the financial assistance agreement by reference. That program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of the financial assistance agreement. Upon notification from USDOT to Agency of its failure to carry out the approved program, USDOT shall impose such sanctions as noted in Title 49. CFR, Part 26, which sanctions may include termination of the agreement or other measures that may affect the ability of Agency to obtain future USDOT financial assistance. 6. Disadvantaged Business Enterprises (DBE) Obligations. State and its contractor agree to ensure that DBE as defined in Title 49, CFR, Part 26, have the opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. In this regard, Agency shall take all necessary and reasonable steps in accordance with Title 49, CFR, Part 26, to ensure that DBE have the opportunity to compete for and perform contracts. Neither State nor Agency and its contractors shall discriminate on the basis of race, color, national origin or sex in the award and performance of federally - assisted contracts. Agency shall carry out applicable requirements of Title 49, CFR, Part 26, in the award and administration of such contracts. Failure by Agency to carry out these requirements is a material breach of this Agreement, which may result in the termination of this contract or such other remedy as State deems appropriate. 7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under this Agreement. 8. Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964. 9. The parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work including, but not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 2798.270, incorporated herein by reference and made a part hereof; Title 23 CFR Parts 1.11, 140, 710, and 771; Title 49 CFR Parts 18, 24 and 26; OMB CIRCULAR NO. A - 87 and NO. A - 133 Title 23, USC, Federal - Aid Highway Act; Title 41, Chapter 1, USC 51 -58, Anti - Kickback Act; Title 42 USC; Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended and provisions of Federal -Aid Policy Guide (FAPG). STATE OBLIGATIONS PROJECT FUNDING REQUEST 10. State shall submit a Project funding request to FHWA with a request for approval of federal - aid participation in all engineering, right -of -way acquisition, eligible utility relocations and /or construction work for the Project. No work shall proceed on any activity in which federal -aid participation is desired until such approval has been obtained. The program shall include services to be provided by State, Agency, or others. State shall notify STDPRO- 2008.doc 14 Rev. 09 -23 -2008 Agency /State Agreement No. 25475 Agency in writing when authorization to proceed has been received from FHWA. Major responsibility for the various phases of the Project will be as outlined in the Special Provisions. All work and records of such work shall be in conformance with FHWA rules and regulations. FINANCE 11. State shall, in the first instance, pay all reimbursable costs of the Project, submit all claims for federal -aid participation to FHWA in the normal manner and compile accurate cost accounting records. Agency may request a statement of costs to date at any time by submitting a written request. When the actual total cost of the Project has been computed, State shall furnish Agency with an itemized statement of final costs. Agency shall pay an amount which, when added to said advance deposit and federal reimbursement payment, will equal 100 percent of the final total actual cost. Any portion of deposits made in excess of the final total costs of Project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the Project expenditure account(s) and will be included in the total cost of the Project. PROJECT ACTIVITIES 12. State shall, if the preliminary engineering work is performed by Agency or others, review and process or approve all environmental statements, preliminary and final plans, specifications and cost estimates. State shall, if they prepare these documents, offer Agency the opportunity to review and approve the documents prior to advertising for bids. 13. The party responsible for performing preliminary engineering for the Project shall, as part of its preliminary engineering costs, obtain all Project related permits necessary for the construction of said Project. Said permits shall include, but are not limited to, access, utility, environmental, construction, and approach permits. All pre- construction permits will be obtained prior to advertisement for construction. 14. State shall prepare contract and bidding documents, advertise for bid proposals, and award all contracts. 15. Upon State's award of a construction contract, State shall perform independent assurance testing in accordance with State and FHWA Standards, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the Project. 16. State shall, as a Project expense, assign a liaison person to provide Project monitoring as needed throughout all phases of Project activities (preliminary engineering, right -of -way acquisition, and construction). The liaison shall process reimbursement for federal participation costs. RIGHT OF WAY 17. State is responsible for proper acquisition of the necessary right of way and easements for construction and maintenance of the Project. Agency may perform acquisition of the necessary right of way and easements for construction and maintenance of the Project, provided Agency (or Agency's consultant) are qualified to do such work as required by the State's Right of Way Manual and have obtained prior approval from State's Region Right of Way office to do such work. STDPRO- 2008.doc 15 I Rev. 09 -23 -2008 Agency /State Agreement No. 25475 18. Regardless of who acquires or performs any of the right of way activities, a right of way services agreement shall be created by State's Region Right of Way office setting forth the responsibilities and activities to be accomplished by each party. State shall always be responsible for requesting project funding, coordinating certification of the right of way, and providing oversight and monitoring. Funding authorization requests for federal right of way funds must be sent through the State's Region Right of Way offices on all projects. All projects must have right of way certification coordinated through State's Region Right of Way offices (even for projects where no federal funds were used for right of way, but federal funds were used elsewhere on the Project). Agency should contact the State's Region Right of Way office for additional information or clarification. 19. State shall review all right of way activities engaged in by Agency to assure compliance with applicable laws and regulations. Agency agrees that right of way activities shall be in accord with the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35, FHWA Federal -Aid Policy Guide, State's Right of Way Manual and the Code of Federal Regulations, Title 23, Part 710 and Title 49, Part 24. 20. If any real property purchased with federal -aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the required proportionate shares of the fair market value may be required. 21. Agency insures that all Project right of way monumentation will be conducted in conformance with ORS 209.155. 22. State and Agency grants each other authority to enter onto the other's right of way for the performance of the Project. AGENCY OBLIGATIONS FINANCE 23. Federal funds shall be applied toward Project costs at the current federal -aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount, unless otherwise agreed to and specified in the intergovernmental agreement. If federal funds are used, Agency will specify the Catalog of Federal Domestic Assistance (CFDA) number in the Agreement. Agency will also determine and clearly state in the Agreement if recipient is a subrecipient or vendor, using criteria in Circular A -133. 24. Agency's estimated share and advance deposit. A. Agency shall, prior to commencement of the preliminary engineering and/or right of way acquisition phases, deposit with State its estimated share of each phase. Exception may be made in the case of projects where Agency has written approval from State to use in -kind contributions rather than cash to satisfy all or part of the matching funds requirement. B. Agency's construction phase deposit shall be 110 percent of Agency's share of the engineer's estimate and shall be received prior to award of the construction contract. Any additional balance of the deposit, based on the actual bid must be received within STDPRO- 2008.doc 16 Rev. 09 -23 -2008 Agency /State Agreement No. 25475 forty-five (45) days of receipt of written notification by State of the final amount due, unless the contract is canceled. Any unnecessary balance of a cash deposit, based on the actual bid, will be refunded within forty -five (45) days of receipt by State of the Project sponsor's written request. C. Pursuant to ORS 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool, and an Irrevocable Limited Power of Attorney is sent to the Highway Finance Office), or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash. D. Agency may satisfy all or part of any matching funds requirements by use of in -kind contributions rather than cash when prior written approval has been given by State. 25. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall also pay 100 percent of the cost of any item in which FHWA will not participate. If Agency has not repaid any non - participating cost, future allocations of federal funds, or allocations of State Highway Trust Funds, to that Agency may be withheld to pay the non - participating costs. If State approves processes, procedures, or contract administration outside the Local Agency Guidelines that result in items being declared non - participating, those items will not result in the withholding of Agency's future allocations of federal funds or the future allocations of State Highway Trust Funds. 26. Costs incurred by State and Agency for services performed in connection with any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon. 27. If Agency makes a written request for the cancellation of a federal -aid project; Agency shall bear 100 percent of all costs as of the date of cancellation. If State was the sole cause of the cancellation, State shall bear 100 percent of all costs incurred. If it is determined that the cancellation was caused by third parties or circumstances beyond the control of State or Agency, Agency shall bear all development costs, whether incurred by State or Agency, either directly or through contract services, and State shall bear any State administrative costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency. 28. Agency shall follow requirements of the Single Audit Act. The requirements stated in the Single Audit Act must be followed by those local governments and non - profit organizations receiving $500,000 or more in federal funds. The Single Audit Act of 1984, PL 98 -502 as amended by PL 104 -156, described in "OMB CIRCULAR NO. A- 133 ", requires local governments and non - profit organizations to obtain an audit that includes internal controls and compliance with federal laws and regulations of all federally- funded programs in which the local agency participates. The cost of this audit can be partially prorated to the federal program. 29. Agency shall make additional deposits, as needed, upon request from State. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project. STDPRO- 2008.doc 17 Rev. 09 -23 -2008 Agency /State Agreement No. 25475 30. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalf of the Project directly to State's Liaison Person for review and approval. Such invoices shall identify the Project and Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Billings shall be presented for periods of not less than one -month duration, based on actual expenses to date. All billings received from Agency must be approved by State's Liaison Person prior to payment. Agency's actual costs eligible for federal -aid or State participation shall be those allowable under the provisions of Title 23 CFR Parts 1.11, 140 and 710, Final billings shall be submitted to State for processing within three months from the end of each funding phase as follows: 1) award date of a construction contract for preliminary engineering 2) last payment for right -of -way acquisition and 3) third notification for construction. Partial billing (progress payment) shall be submitted to State within three months from date that costs are incurred. Final billings submitted after the three months shall not be eligible for reimbursement. 31. The cost records and accounts pertaining to work covered by this Agreement are to be kept available for inspection by representatives of State and FHWA for a period of six (6) years following the date of final voucher to FHWA. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (Title 49 CFR 18.42). 32. State shall request reimbursement, and Agency agrees to reimburse State, for federal -aid funds distributed to Agency if any of the following events occur: a) Right of way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which the federal -aid funds were authorized; b) Right of way acquisition is undertaken utilizing federal -aid funds and actual construction is not started by the close of the twentieth fiscal year following the fiscal year in which the federal -aid funds were authorized for right of way acquisition. c) Construction proceeds after the Project is determined to be ineligible for federal -aid funding (e.g., no environmental approval, lacking permits, or other reasons). 33. Agency shall maintain all Project documentation in keeping with State and FHWA standards and specifications. This shall include, but is not limited to, daily work records, quantity documentation, material invoices and quality documentation, certificates of origin, process control records, test results, and inspection records to ensure that projects are completed in conformance with approved plans and specifications. RAILROADS 34. Agency shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through State's appropriate Region contact or State's Railroad Liaison. Only those costs allowable under Title 23 CFR Part 646, subpart B and Title 23 CFR Part 140, subpart I, shall be included in the total Project costs; all other costs associated with railroad work will be at the sole expense of Agency, or others. STDPRO- 2008.doc 18 Rev. 09 -23 -2008 Agency /State Agreement No. 25475 Agency may request State, in writing, to provide railroad coordination and negotiations. However, State is under no obligation to agree to perform said duties. UTILITIES 35. Agency shall cause to be relocated or reconstructed, all privately or publicly -owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation or reconstruction is made necessary by the plans of the Project in order to conform the utilities and other facilities with the plans and the ultimate requirements of the Project. Only those utility relocations, which are eligible for federal -aid participation under, Title 23 CFR 645A, shall be included in the total Project costs; all other utility relocations shall be at the sole expense of Agency, or others. State will arrange for utility relocations /adjustments in areas lying within jurisdiction of State, if State is performing the preliminary engineering. Agency may request State in writing to arrange for utility relocations /adjustments lying within Agency jurisdiction, acting on behalf of Agency. This request must be submitted no later than twenty -one (21) weeks prior to bid let date. However, State is under no obligation to agree to perform said duties. 36. Agency shall follow established State utility relocation policy and procedures. The policy and procedures are available through the appropriate State's Region Utility Specialist or State's Right of Way Section Railroad Liaison, and Utility Engineer. STANDARDS 37. Agency agrees that design standards for all projects on the National Highway System (NHS) and the Oregon State Highway System shall be in compliance to standards specified in the current "State Highway Design Manual" and related references. Construction plans shall be in conformance with standard practices of State for plans prepared by its own staff. All specifications for the Project shall be in substantial compliance with the most current "Oregon Standard Specifications for Highway Construction ". 38. Agency agrees that minimum design standards for non -NHS projects shall be recommended AASHTO Standards and in accordance with the current "Oregon Bicycle and Pedestrian Plan ", unless otherwise requested by Agency and approved by State. 39. Agency agrees and will verify that the installation of traffic control devices shall meet the warrants prescribed in the "Manual on Uniform Traffic Control Devices and Oregon Supplements ". 40. All plans and specifications shall be developed in general conformance with the current "Contract Plans Development Guide" and the current "Oregon Standard Specifications for Highway Construction" and /or guidelines provided. 41. The standard unit of measurement for all aspects of the project shall be English Units. All project documents and products shall be in English. This includes, but is not limited to, right of way, environmental documents, plans and specifications, and utilities. GRADE CHANGE LIABILITY 42. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the Project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. STDPRO- 2008.doc 19 Rev. 09 -23 -2008 Agency /State Agreement No. 25475 43. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. 44. Agency, if a City, by execution of Agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the project covered by the Agreement. CONTRACTOR CLAIMS 45. Agency shall, to the extent permitted by state law, indemnify, hold harmless and provide legal defense for State against all claims brought by the contractor, or others resulting from Agency's failure to comply with the terms of this Agreement. 46. Notwithstanding the foregoing defense obligations under Paragraph 45, neither Agency nor any attorney engaged by Agency shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that Agency is prohibited from defending the State of Oregon, or that Agency is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Agency if the State of Oregon elects to assume its own defense. MAINTENANCE RESPONSIBILITIES 47. Agency shall, upon completion of construction, thereafter maintain and operate the Project at its own cost and expense, and in a manner satisfactory to State and FHWA. WORKERS' COMPENSATION COVERAGE 48. All employers, including Agency that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Agency shall ensure that each of its contractors complies with these requirements. LOBBYING RESTRICTIONS 49. Agency certifies by signing the Agreement that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. STDPRO- 2008.doc 20 Rev. 09 -23 -2008 Agency /State Agreement No. 25475 B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31, USC Section 1352. E. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Paragraphs 35, 36, and 47 are not applicable to any local agency on state highway projects. STDPRO- 2008.doc 21 Rev. 09 -23 -2008 Misc. Contracts and Agreements Agreement No. 25475 AMENDMENT NO. 1 LOCAL AGENCY AGREEMENT American Recovery and Reinvestment Act of 2009 1R-Paving Bonita, Durham and 72nd Avenue Overlay (Tigard) The State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as "State ", and City of Tigard, acting by and through its Elected Officials, hereinafter referred to as "Agency ", entered into Local Agency Agreement No. 25475 on April 28, 2009. Said Agreement covers a 2-inch pavement overlay in accordance with 1R Guidelines, hereinafter referred to as "Project ". It has now been determined by State and Agency that the Agreement referenced above shall be amended to correct inconsistencies In the Agreement language. Except as expressly amended below, all other terms and conditions of the Agreement are still in full force and effect. TERMS OF AGREEMENT, Paragraph 2, Page 2, which reads: 2. The Project shall be conducted as a part of the ARRA Program under Title 23, United States Code. The total Project cost is estimated at $1,116,000, which is subject to change. ARRA Program funds for this Project shall be limited to $1,116,000. The Project will be financed with ARRA funds at 100 percent of the maximum allowable federal participating amount. Agency will not be required to provide a match for the ARRA funds but will be responsible for any non- participating costs, Including all costs in . excess of the available federal funds. Shall be deleted in its entirety and replaced with the following: 2. The Project shall be conducted as a part of the ARRA Progr ei Ti1 States Code. The total Project cost is estimated at $1,11610 ';'Which is " subject to change. ARRA Program funds for this Project shall be limited to $1,116,000. The Project will be financed with ARRA funds at 100 percent of the maximum allowable federal participating amount. Agency will not be required to provide a match for the ARRA funds but will be responsible for any non - participating costs, including all costs in excess of the available federal funds No ARRA funded invoices will be accepted and no ARRA funded payments will be made after September 30, 2015. TERMS OF AGREEMENT, Paragraph 5, Page 2, which reads: 5. Agency can place signs that identify Project as "American Recovery and Reinvestment Act of 2009" (State approved design). Agency may affix additional signage that identifies local funds used for the Project. Key No. 16491 ' Agency /State Agreement No. 25475 Shall be deleted in its entirety and replaced with the following: 5. Agency shall place signs that identify Project as "American Recovery and Reinvestment Act of 2009" (State approved design) as described in the ODOT Technical Bulletin TR09- 02(B) (or most current version) titled "Project Identification Sign for ODOT Economic Stimulus Projects ". Agency may affix additional signage that identifies Agency funds used for the Project. This Amendment may be executed In several counterparts (facsimile or otherwise) all of which when together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Amendment so executed shall constitute an original. THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party has read this Agreement, understands it, and agrees to be bound by its terms and conditions. This Project is amended Into the 2008 -2011 Statewide Transportation Improvement Program, Key No. 16491 that was approved by the Oregon Transportation Commission on November 14, 2007 or will subsequently be approved by amendment to the STIP. The Oregon Transportation Commission on December 29, 2008, approved Delegation Order No, 2, which authorizes the Director to approve and execute agreements for day -to- day operations. Day -to -day operations Include those activities required to implement the biennial budget approved by the Legislature, including activities to execute a project in the Statewide Transportation Improvement Program. On September 15, 2006, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director, Highways, to approve and sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program. 2 Agency/State Agreement No. 26475 City of Tigard, by and through its elected STATE OF OREGON, by and through officials its Department of Transportation By r .,- 0 By q AkAA Deputy e or, Highways Date * 9/ 7/0.9' Date 7_A5jI_PoS By APPROVAL ; C • 11 IP ,%11 111111P- Date By- APPROVED AS TO. LEGAL Local - Manager SUFFICIENCY Date ?'. By Agency Counsel APPROV D AS TO LEGAL SUFFI CY Date g^X By Agency Contact: Assistant Attorney General Mike McCarthy, Senior Project Engineer V/ 13120 SW Hall •Blvd Date: - Tigard, OR 97223 mikem@ttgard-pr.g.ov (503) 718.202 State Contact: Michele Thom, ODOT Region 1 13 NW Flanders 'Street Portland OR, 972094012 Michele.R.ThorrigoiDOtstate.or.us 603:731.:8279 • • • 3 _ _ AIS -735 Item #: 3. D. 1. Business Meeting Date: 12/13/2011 Length (in minutes): Consent Item Agenda Title: Contract Award - Vehicle and Light Truck Repair and Maintenance Services 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 contracts for vehicle and light truck repair and maintenance services to multiple auto services shops? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award contracts for vehicle and light truck repair and maintenance services to Landmark Ford, Tyler Automotive, and Russ Automotive and direct the City Manager to carry the contract through execution. KEY FACTS AND INFORMATION SUMMARY The City Fleet Division has been servicing non - Police vehicles with the use of outside vendors for many years. The goal with the Request for Proposal (RFP) is to use the proper selection process for selecting vendors. The City issues a Request for Proposal (RFP) for vehicle and light truck repair and maintenance services on September 21, 2011. The RFP closed on November 1st and the City received proposals from three firms: • Landmark Ford, • Tyler Automotive, and • Russ Automotive. A selection committee consisting of the Public Works Assistant Director, Fleet Manager, and Business Manager reviewed the proposals and found them all to be responsive to the City's needs. The selection committee recommends all three shops be awarded a contract thereby creating a pool of qualified firms to meet the City's auto repair and maintenance needs. The City will use both pricing and scheduling availability with the three contracted firms to best direct the City's needed repair and maintenance services. OTHER ALTERNATIVES The Local Contract Review Board may decline the award to multiple shops and direct staff to award to only one repair shop. This would likely result in possible delay in work being performed and in increased costs to the city. The Local Contract Review Board may decline the award to any shop and direct staff to solicit quotes for each repair or maintenance need. This option would result in increased staff costs as well as a possible increase in shop pricing. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this contracted service has been considered by the Local Contract Review Board. Fiscal Impact Cost: $125,000 Budgeted (yes or no): Yes Where budgeted ?: Multiple Funds Additional Fiscal Notes: These contracts will be for two (2) years with three (3) additional one -year optional terms. The total anticipated cost over the possible five year life of the combined contracts is estimated at under $125,000 based on historical figures. The work is charged to the fund where the serviced vehicle resides and all funds are budgeted appropriately. Attachments No file(s) attached. AIS -718 Item #: 4. Business Meeting Date: 12/13/2011 Length (in minutes): 5 Minutes Agenda Title: Present the Council with the American Public Works Association (APWA) Project of the Year Award for the Burnham Street Reconstruction Project Prepared For: Kim McMillan Submitted By: Twila Willson Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Staff will present the council with the APWA Project of the Year Award for the Burnham Street Reconstruction Project. STAFF RECOMMENDATION / ACTION REQUEST No council action is requested; the council is asked to accept the award. KEY FACTS AND INFORMATION SUMMARY The Burnham Street Reconstruction project has been awarded the Oregon Chapter of the APWA's Project of the Year Award for Transportation Projects between $5 and $25 million. The award acknowledged the City of Tigard along with the project design and construction team which includes OTAK Engineers, Kodiak Pacific Construction and WH Pacific. This award recognizes excellence, innovation and cooperation with regard to management and administration of public works projects through the alliance of the managing agency, consultant and contractor. Kim McMillan was the city's project manager for the Burnham Street Reconstruction project. Ms. McMillan will present the award to council. The Burnham Street Reconstruction project was also given an honorable mention for the Julian Award for sustainability. This award recognizes and encourages sustainability in public works through programs, policy, projects or people. OTHER ALTERNATIVES None COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None DATES OF PREVIOUS COUNCIL CONSIDERATION Items associated with the Burnham Street Reconstruction project and project briefings have been presented to the council many times throughout the life of the project. The presentation of the APWA award brings the project full circle. Attachments No file(s) attached. AIS -630 Item #: 5. Business Meeting Date: 12/13/2011 Length (in minutes): 5 Minutes Agenda Title: Quasi - Judicial Public Hearing: Comprehensive Plan Amendment, Sensitive Lands Reviews and Adjustment to Extend Wall St. to Fields Property Prepared For: Cheryl Caines Submitted By: Cathy Wheatley Administrative • Services Item Type: Resolution Meeting Type: Council Public Hearing - Quasi - Judicial Business Meeting - Main ISSUE Consider the applicant's hearing continuance request for a proposed Comprehensive Plan Amendment, Sensitive Lands Reviews and an Adjustment to extend Wall Street across Fanno Creek to the Fred Fields property that lies east of the library and southwest of the railroad tracks. The applicant (Fred Fields) has proposed an extension of Wall Street across Fanno Creek. To construct the improvements requires: 1) a Comprehensive Plan Amendment to remove the Goal 5 protection from Tigard Significant Wetlands found on the site; 2) two Sensitive Lands Reviews for work within the floodplain and wetlands (fill and bridge /road construction); and 3) an Adjustment to the street standards in order to construct a narrower street section than required by code. The proposed narrower section eliminates planter strips /street trees and is proposed for the bridge portion of the road extension. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends continuance of the public hearing until February 28, 2012 as requested by the applicant. KEY FACTS AND INFORMATION SUMMARY The applicant is requesting a continuance to the public hearing for a Type IV Comprehensive Plan Map Amendment to remove Goal 5 protection from Tigard Significant Wetlands and surrounding riparian corridor in order to extend Wall Street across City of Tigard property and Fanno Creek. The extension of Wall Street is proposed to provide access to the applicant's property that lies west of the railroad tracks. This property is not currently served by a public street or improved access. A Type III Sensitive Lands Review is required for proposed work within the 100 -year floodplain/floodway and Type II Sensitive Lands Review for the wetlands. The applicant is requesting a Type II adjustment to the street improvement standards in order to construct a narrower street section than required by code. This Adjustment would apply only to the bridge portion of the street. Because the sensitive lands and adjustment were requested in conjunction with the Comprehensive Plan Amendment, each review follows the Type IV review process. Two public hearings were held on August 16, 2010 and October 18, 2010 with the Tigard Planning Commission. Testimony was taken at both hearings. After deliberations, the commission voted 7 -0 to recommend that City Council deny all four applications. The commissioners stated that the applicant had not provided evidence or enough detailed information to approve this proposal. The commission's findings and recommendation were included in a memo to City Council found in the council packet. This memo also provided a brief application history, list of key findings from the staff report and a list of items included in the attachments. This item was originally scheduled for December 14, 2010. On December 9, 2010 the applicant requested in writing that the hearing be continued until February 22, 2011. The public hearing was opened on December 14th and immediately continued to the February 22nd date as requested. The applicant requested a second continuance to May 24, 2011. Again the public hearing was opened on February 22nd and continued until May 24th. A third written request continued the hearing to July 12, 2011 to pursue a second application for the bridge known as the "Pivot Road" application. The applicant has received approval with conditions from the Hearings Officer for the Pivot Road application. The applicant requested again to continue the public hearing for this application until September 13, 2011 to accommodate possible appeals of the Pivot Road application. The application was not appealed but requires approval of construction plans and permits from other state agencies. While waiting for related permit approvals, the applicant requested a continuance of the September hearing until December 13, 2011. The applicant has now requested a continuance of that hearing until February 28, 2012 to provide more time to seek these necessary approvals for the Pivot Road application. The continuance request is attached (Attachment 1). While this number of continuances is not typical, the code does not speak to the number or time limit on continuances of actions being processed as Type IV applications. However, the applicant has indicated that the continuances are to allow pursuit of the Pivot Road alternative. Once that occurs, hearings will either proceed for this application, or the application will be withdrawn. OTHER ALTERNATIVES If the City Council does not accept the Planning Commission's recommendation to deny, then the application could be: 1) Approved - The City Council may find that the applicant has satisfied the applicable review criteria and met the burden of proof necessary to approve the request. or 2) Approved with Conditions - The City Council may find that the applicant can satisfy the applicable review criteria if certain non - discretionary items are conditioned to be submitted to the record. Both alternatives would require that findings be developed to support the decision. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS The city has an on -going obligation to establish transportation priorities to be consistent with current circumstances and anticipated trends. The 2002 Tigard Transportation System Plan (TSP), which was in effect at the time this application was made, shows an east -west, Hall to Hunziker connection via Wall Street. This connection is shown to extend across the Fields property and the abutting Portland Western Railroad right -of -way. However implementation of the Hall - Hunziker connection is not guaranteed by its being identified in the 2002 TSP. DATES OF PREVIOUS COUNCIL CONSIDERATION Previous continuance dates are December 14, 2010, February 22, 2011, May 24, 2011, July 12, 2011, September 13, 2011, and December 13, 2011. Fiscal Impact Cost: unknown Budgeted (yes or no): yes /no Where Budgeted (department /program): Comm Dev /Public Works Additional Fiscal Notes: If the request is denied: the applicant may appeal the decision. If appealed, there will be staff time dedicated to the case and attorney costs to defend the decision. While the staff time is budgeted, use of the time for the appeal will detract from other tasks and priorities. If the request is approved: Wall Street is a public street. Once the street and bridge are constructed, the maintenance and repairs would be the City's responsibility. The cost is unknown at this time. Attachments Continuance Request Letter Agenda Item No. Meeting of Cheryl Caines To: Cheryl Caines (cherylc @tigard - or.gov) Subject: FW: Original Alignment City Council Extension From: Rasmussen, William Jmailto:william.rasmussen@ millernash.coml Sent: Tuesday, October 25, 2011 1:27 PM To: Cheryl Caines Subject: RE: Original Alignment City Council Extension Cheryl, Sorry for that typo, we request to be continued to the 28th. Will William L. Rasmussen MILLER NASH LLP From: Cheryl Caines Jmailto:chervlc a@tioard- or.govl Sent: Tuesday, October 25, 2011 1:23 PM To: Rasmussen, William Subject: RE: Original Alignment City Council Extension Hi Will, Thanks for the letter. Will you confirm the date? The letter states the 24 — however the available dates are the 14 and the 28 Thank you, Cheryl DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 1 (ID PORTLAND, OREGON 3400 U.S. Bancorp Tower SEATTLE, WASHINGTON 111 S.W. Fifth Avenue VANCOUVER, WASHINGTON - Portland, Oregon 97204 -3699 MILLER NASH«F CENTRAL OREGON OFFICE 503.224.5858 ATTORNEYS AT LAW WWW.MILLERNASH.COM FAX 503.224.0155 William L. Rasmussen Will.rasmussen @millernash.com (503) 205 -2308 direct line RECEIVED PLANNING OCT 2 7 2011 October 25, 2011 CITY OF TIGARD BY FIRST -CLASS MAIL AND ELECTRONIC MAIL Ms. Cheryl Caines Associate Planner City of Tigard 13125 S.W. Hall Boulevard Tigard, Oregon 97223 Subject: Fields: Wall Street Extension Original Application (CPA 2009 - 00004, SLR 2009 - 00004, SLR 2009 - 00005, VAR 2010 - 00002) Dear Cheryl: I am writing on behalf of the applicant to request that the City Council hearing in the above - captioned matter be continued to February 24, 2012. The purpose of this continuance request is to allow the applicant to pursue permitting and construction of the Pivot Road option before the City takes further action on the original alignment. Very truly yours, William L. Rasmussen cc: Mr. Fred Fields Mr. Rich Canaday AIS -703 Item #: 6. Business Meeting Date: 12/13/2011 Length (in minutes): 10 Minutes Agenda Title: Discuss Federal Legislative Priorities with CFM Strategic Communications, Inc. Prepared For: Kent Wyatt Submitted By: Kent Wyatt City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE How can CFM best promote the City of Tigard's federal legislative platform? STAFF RECOMMENDATION / ACTION REQUEST Meet staff from CFM Strategic Commuincations who are providing federal advocacy support on behalf of Tigard. KEY FACTS AND INFORMATION SUMMARY The City of Tigard has contracted with CFM Strategic Communications for federal advocacy services. Joel Rubin of CFM will be onhand to introduce himself and discuss with council CFM's role in promoting Tigard's federal legislative agenda. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION October 11, 2011 - CFM was awarded the contract for federal advocacy services. Attachments No file(s) attached. AIS -662 Item #: 7. Business Meeting Date: 12/1 3/2011 Length (in minutes): 45 Minutes Agenda Title Discuss Amendments to Tigard Municipal Code Chapter 1.16 and Consolidation of Nuisance • Violations into a New Title 6 Submitted By: Susan Hartnett Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Continue discussion of amendments to Tigard Municipal Code (TMC) creating administrative code enforcement options in Chapter 1.16 and begin discussion on consolidation of nuisance violations into a new Title 6. This is the second of two scheduled discussions regarding these amendments. A public hearing is tentatively scheduled for 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 Chapter 1.16 and creation of a new Title 6. KEY FACTS AND INFORMATION SUMMARY Introduction: Council is asked to review two packages of amendments to the Tigard Municipal Code (TMC) intended to enhance code enforcement tools and improve usability of the code. On November 22, 2011, council began discussion of the first package of amendments, which propose changes to Chapter 1.16 creating new administrative enforcement options and improving existing judicial remedies. At the December 13 meeting, council may begin discussion of the second package, which proposes to consolidate existing nuisance violations into a new Title 6. Staff seeks council's feedback and direction prior to a public hearing, tentatively set for January 24, 2012. Background: Budget reductions in fiscal year 2010 -2011 resulted in elimination of the city's only 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 TMC. 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. 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 first package of proposed amendments were included with Agenda Item #7 on November 22, 2011. The second package is summarized below and described in greater detail in a cover memo (Attachment 1) that accompanies the proposed amendment package (Attachment 2). The package includes the following materials: 1. Proposed Title 6 (clean) formatted to show the final version of the language. This version includes "comment balloons" that explain major changes and contain citations to the existing code sections. 2. Proposed Title 6 (strike - through) formatted to show the changes to the existing language (strike - through and underline font). This version also includes the comment balloons. 3. Title 6 Table of Changes provides a section by section summary comparison of the existing and proposed text with notes describing key changes. 4. Title 6 Administrative Rules includes two examples of administrative rules that would implement specific regulations of Title 6. 5. Cross Reference Updates includes other TMC provisions that will need to be updated based on creation of Title 6. 6. Title 7 Revisions provides proposed amendments to existing Title 7 required by creation of Title 6. This section includes a Table of Changes for Title 7. 7. Title 18 Excerpts provides existing text in Title 18 that form the basis for several nuisance violations being clarified in the proposed Title 6. These violations have a cross reference to the Title 18 text in the comment balloons. (Both attachments were provided to the City Council members on November 29 to be added to the previously provided notebook.) This package of amendments proposes to consolidate the existing nuisance violations, which currently appear in five different titles, into a new Title 6, Nuisance Violations. The new title primarily contains existing text that has been reorganized into three chapters. Chapter 6.01, General Provisions and Penalties, contains the regulations that apply to the entire Title. Chapter 6.02, Nuisances Affecting Public Health, Safety and Peace, has also been grouped into five articles to improve usability. Chapter 6.03, Property in the Right of Way, contains recently adopted (2010) regulations addressing signs and other materials illegally placed in the right of way. In addition to the changes described above, the text of Title 6 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 Associated Press standards were applied. OTHER ALTERNATIVES The council may choose: • To spend more time reviewing the proposed changes and delay the public hearing. • Not to proceed with amendments to Chapter 1.16 or creation of new Title 6. 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 provide an alternative, less formal method to seek compliance. DATES OF PREVIOUS COUNCIL CONSIDERATION The council has discussed this topic on the following dates: • July 27, 2010 • February 15, 2011 • August 23, 2011 • September 13, 2011 • November 22, 2011 Attachments Attachment l - Cover memo Attachment 2 - Title 6 Amendments Pa ckage III " City of Tigard TIGARD Memorandum - 4 To: Mayor Dirksen and Tigard City Councilors From: Susan Hartnett, Assistant Community Development Director Re: Second Package of Proposed Code Compliance TMC Amendments Date: November 29, 2011 At the November 22, 2011 meeting, City Council began discussion of proposed Tigard Municipal Code (TMC) amendments intended to create new cost effective code compliance options and to improve its usability for the staff and general public. The first package of materials centered on revisions to Chapter 1.16, Civil Infractions. At the conclusion of the discussion, Council indicated that more discussion of the first package may be needed but also requested to receive the second package as previously scheduled. Attached you will find the second package of proposed amendments, which centers on a new Title 6, Nuisance Violations. These amendments propose to consolidate citations that currently appeared in five different titles into one title. The process of consolidation also provides the opportunity to simplify and modernize the language used to establish and describe the violations. A primary benefit of these changes is improved readability for members of the public who want to access and understand the code's nuisance prohibitions and restrictions. Reorganization of the regulations into three chapters is a key element of the proposed new Title 6. The content of these chapters include: Chapter 6.01 contains regulations that apply to the entire title and is primarily composed of text that is currently found in Chapter 7.40. Specific changes include expanded and new definitions that are consistent with the definitions in the proposed Chapter 1.16 and clarification of the code violations that area characterized as nuisance violations. Chapter 6.02 is organized into six articles and contains the bulk of the nuisance regulations. Significant portions of Article I are based on existing text in Chapter 7.40. Of note in Article I, the regulations on graffiti are modified to make their violation consistent with all of type I civil infractions. Article II includes a number of violations currently found in Title 18 which are clarified and restated in the proposed Title 6. Article III contains regulations currently found in Chapter 7.40 and Title 11 and Article IV contains regulations currently found in Chapter 7.40 and Title 15. Noise violations from Chapter 7.40 make up Article V and water service and meter violations in Article VI are currently located Title 12. Chapter 6.03 contains the regulations related to signs and other personal property placed illegally in the right of way. These regulations were adopted in 2010 after the Portland Metropolitan Realtors Association raised concerns about the city's practice of confiscation and disposal of signs. The majority of this text remains unchanged except for those sections that currently refer to establishment of administrative procedures and processes. These sections are proposed to be implemented through administrative rules, with the authority provided in proposed section 6.01.050. The materials are set up to add to the notebook previously provided and contain the following: Tab 6 — Proposed Title 6 (clean) formatted to show the final version of the language. This version includes "comment balloons" that explain major changes and contain citations to the existing code sections. Tab 7 — Proposed Title 6 (strike - through) formatted to show the changes to the existing language (strike - through and underline font). This version also includes the "comment balloons." Tab 8 — Title 6 Table of Changes provides a section by section summary comparison of the existing and proposed text with notes describing key changes. Tab 9 — Title 6 Administrative Rules includes two examples of administrative rules that would implement specific regulations of Title 6. Tab 10 — Cross Reference Updates includes other TMC provisions that will need to be updated based upon creation of Title 6. Tab 11 — Title 7 Revisions provides proposed amendments to existing Title 7 required by creation of Title 6. This section includes a Table of Changes for Title 7. Tab 12 — Title 18 Excerpts provides existing text in Title 18 that form the basis for several nuisance violations being clarified in the proposed Title 6. These violations have a cross reference to the Title 18 text in the comment balloons. Together, the amendments to Chapter 1.16 and the new Title 6 constitute staffs recommendation for making the city's code compliance process more efficient, more effective, and more responsive to the circumstances of individual cases. On December 13, we look forward to continuing our discussion of Chapter 1.16 and perhaps to broadening it to include Title 6 as well. At the conclusion of the discussion on December 13, we will seek council's direction on next steps. Title 6: NUISANCE VIOLATIONS Sections: Chapter 6.01 GENERAL PROVISIONS AND PENALTIES 6.01.010 Short Title 6.01.020 Definitions 6.01.030 Nuisances Designated - Class I Civil Infraction 6.01.040 Penalty for Violation of This Title 6.01.050 Administrative Rules 6.01.060 Enforcement - Minimum Requirements Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH, SAFETY AND PEACE Article L General Nuisances 6.02.010 Common Nuisances 6.02.020 Noxious Vegetation 6.02.030 Trees and Bushes • 6.02.040 Greenway Maintenance 6.02.050 Attractive Nuisances 6.02.060 Graffiti 6.02.070 Livestock/Poultry Article II. Property Development and Maintenance Requirements 6.02.100 Violation of Title Prohibited 6.02.110 Conditions of Approval 6.02.120 Visual Clearance Requirements 6.02.130 Fences and Walls 6.02.140 Accessory Structures 6.02.150 Insects and Rodents 6.02.160 Signs 6.02.170 Storage in Front Yards Article III. Junk, Garbage and Putrescible Waste 6.02.210 Vehicles Not to Drop Material on Streets 6.02.220 Open Storage of Junk 6.02.230 Scattering Rubbish 6.02.240 Garbage and Putrescible Waste 6.02.250 Offensive Wastes Prohibited 6.02.260 Unauthorized Deposits Prohibited Article IV. Streets and Sidewalks 6.02.310 Streets and Sidewalks 6.02.320 Maintenance/Repair of Public Sidewalks Title 6 Revision AMS CLEAN - 11 -22 -2011 2 6.02.330 Sidewalks, Curbs and Planter Strips 6.02.340 Encroachment into Public Easement Article V. Noise Nuisances 6.02.410 Prohibition on Excessive Noise 6.02.420 Sound Measurement 6.02.430 Noise Limits 6.02.440 Prohibited Noises 6.02.450 Exceptions to Noise Limits 6.02.460 Maximum Noise Limits for Certain Activities 6.02.470 Evidence of Noise Violation Article VI. Water Service and Meters 6.02.510 Service Connection Maintenance Chapter 6.03 PROPERTY IN THE RIGHT OF WAY 6.03.010 Signs in the Right of Way 6.03.020 Abandoned Personal Property in the Right of Way 6.03.030 City Authority to Remove 6.03.040 Notice Requirements 6.03.050 Exemption from Notice Requirements 6.03.060 Reclamation of Confiscated Personal Property and Signs 6.03.070 Disposal of Personal Property, Signs and Junk 6.03.080 Appeal of Confiscation 6.03.090 Exemption for Criminal Investigation Title 6 Revision AMS CLEAN - 11 -22 -2011 3 Chapter 6.01 GENERAL PROVISIONS AND PENALTIES 6.01.010 Short Title 6.01.020 Definitions 6.01.030 Nuisances Designated - Class I Civil Infraction 6.01.040 Penalty for Violation of This Title 6.01.050 Administrative Rules 6.01.060 Enforcement - Minimum Requirements 16.01.014 Short Title D. `Civil i of _ - Comment [A3] 6.01.010 From 7.40.010 infraction '¶means the failure to comply with a _ c IA6]. 1 16.030.0. edging The ordinance codified in this title shall provision of this title. 1.16.03306 and modified. be known as the "nuisance ordinance," and may also be referred to herein as "this title." E. l'`Costsi means all expenses - _ - Comment [A7]: 6.01,020.E from 7.61.010.4 and incurred and charges associated with any action modifiied 6.01:020 Definitions taken by the city under this title including, but - _ - Comment IA2]: COI From 740 020 and not limited to, the cost to the public of the staff 7.71.010,expanded. As used in this title: time invested and, regarding items confiscated in violation of Sections 6.03.010 and 6.03.020, all A. I`Abate"[ means to restore a Comment [A3]: 6.01.020 From 7 40.125.A 1 and property to its condition prior to the infraction expenses incurred and ehar associated with mod,f;ed or similar condition that is free of the subject the removal, storage, detention, processing, infractions. In the case of graffiti, "abate" disposition and maintenance thereof. means to remove graffiti from the public view. F. `Dangerous building "{ means: - { Comment [A8]: 6.01.020.F from 7,40,040.3. B. `Ahandoned personal "property' comment [A4] 6.01020 s From 7.61.010.1 and means any personal property, as the term is 1 a qt ceas that age the modified. defined in n this title, which has been discarded, want of proper repairs or by reason of age and deserted relinquished. dilapidated condition, by reason of poorly installed electrical wiring or equipment, The personal property shall be defective chimney, defective gas connection, considered abandoned if any of the following defective heating apparatus or for any other conditions exist: cause or reason, is especially liable to fire, and that is so situated or occupied as to endanger any 1. The personal property other building or property or human life; is left unattended in the right of way for more than five hours; 2. a structure containing combustible or explosive material, rubbish, rags, 2. The personal property is waste, oils, gasoline or flammable substance of placed in the right of way in a location or any kind, especially liable to cause fire or danger manner as to constitute a potential, imminent or to the safety of the building, premises, or to immediate hazard or obstruction to pedestrian or human life; vehicular traffic or to otherwise pose a threat to public health, safety or welfare. 3. a structure that is kept Comment [ASI: 6.01.020.0 From 7.61.010.2 and C. 1Tity manager'l means the city or maintained or is in a filthy or unsanitary modified manager or designee of the city manager. nZtotl, espec ally I#a$le to cause ttie spreat1 of contagious or infectious disease or diseases; Title 6 Revision AMS CLEAN - 11 -22 -2011 4 4. a structure in such weak or similar vegetation; or weakened condition, or dilapidated or deteriorated condition as to endanger any person 4. dead trees, dead bushes, or property by reason of probability of partial or stumps and any other thing likely to cause fire; entire collapse. (Ord. 86 -39 S1(Exhibit A), 1986; Ord. 86 -20 S4(Exhibit C(4)), 1986). 5. blackberry bushes that extend into a right of way or across a property G. `Dispose of JDisposal'1means to line; - - _ - - Comment IA9 }: 6.0i 020.Ct from 7.61.410 5 and j get rid of and includes sell, auction, donate, mod destroy, repurpose and recycle. 6. vegetation that is a health hazard; H. [Heraffitil means any inscription, . _ - { Continent [A101: 6_01.020,11 from 7.40121A.2. 3 word, figure or design that is marked, etched, 7. vegetation that is a scratched, drawn or painted on any surface with health hazard because it impairs the view of the paint, ink, chalk, dye, other similar substance or right of way or otherwise makes use of the right placement of stickers or appliques, regardless of of way hazardous. content. 8. "noxious vegetation" I. l"Cra#fiti' nuisance p r (comment Et 13: s ut,o2o t mm a. o.f 2s A 3. means a property upon which graffiti has been does - not include -vegetation -that - constitutes _an agricultural placed and for which a Letter of Complaint or health crop, unless hazard h azs is a a Notice of Violation has been sent to the owner l th hazard, a fire hhn d or a a traffic hazard, and with Chapter 1.16 and on which the d it is vegetation within the meaning of this subsection. graffiti has been allowed to remain for more than the length of time specified in the letter or M l"Occupantt means any person, _ _ - { Comment [A151: 4.01,026M now definition. I notice. tenant, sub - lessee, successor or assignee that has tAl2): 6.01,0 �t control over property. j J. ill eans items which have Comment I front 61 010.&6. 1 no apparent utility or are in an unsanitary N. I'Owgerl means any person, _ _ - - Comment ;*16} 6.01 020N from 741010, condition. agent, firm, corporation, unincorporated smiinodified. K. ' Noice- sensitive .utlti shall association, partnership, limited liability - { Comment (A131: 6.01.020K from 740150.A. include any building or portion of a building company or other - entity - having - a - legal - or -- containing a residence, place of overnight equitable interest in or a claim to a property and accommodation, church, day care center, includes, but is not limited to, a mortgagor in hospital, school or nursing care center. For the Possession an occupant or a person, agent firm purpose of this definition, "residence" and or corporation that owns or exercises control "overnight accommodation" do not include over items of property including abandoned living/sleeping quarters of a caretaker or personal property or a sign confiscated pursuant watchperson on industrial or commercial to this chapter. property provided by the owner or operator of O. h'Permit'j means to knowingly_, _ - { Comment /A37]: 6.01.020.0 from 7 40.i25.A,77 the industrial or commercial facility. allow, suffer or acquiesce by any failure, refusal or neglect to abate. L. INoxiotis vegetation means: - Commit W141 601 (124L Boni 7.40.050A aadB and modified 1. weeds more than 10 P. `Person"; means an individual ComtneM[1itl sa inches high; human being and may also refer to a firm, 2. grass more than 10 corporation, unincorporated association, inches high and not within the exception stated partnership, limited liability company, trust, in paragraph 8 of this subsection; estate or any other legal entity. Q. `P erson al propeny 1 means - - - Comment (A193: 6.01.020.Q from 161 010.A.8 3. poison oak, poison ivy tangible items, other than signs, as defined in and modified•,. Title 6 Revision AMS CLEAN - 11 -22 -2011 5 this title, and vehicles which are reasonably V. "R of way'� means a strp of - - - Comment (A2 6.01.020.V from .7.61 OlO.A.9 recognizable as belonging to individual persons land or structure occupied or intended to be and modified. and which have apparent utility. occupied by a street, crosswalk, pedestrian or bike path, railroad, road, electric transmission R. Illainly audible means anY line, oil _or gas-pipeline, water main, sanitaryor_. _ --{comment titan: 6.01.020.Rfr sound for which the information content of that storm sewer main, street trees or other special sound is unambiguously communicated to the use and all other public ways and areas managed listener, such as, but not limited to, by the city. understandable spoken speech, comprehensible musical rhythms or vocal sounds. W. Sign" means any materials ........ Comment [A2 ij: 6.01.0211wfrom placed or constructed primarily to convey a 18 780,015.A 48 and modified S. j"Premises open to the Pahhei - _ _ _ message_ of _other disp lay _and_which _can he_- - - coon/mot £A211 6.01.4 MS from740.125AS. means all public spaces including, but not viewed from the right of way, another property limited to, streets, alleys, sidewalks, parks, or from the air including any outdoor sign, rights of way and public open space, and private display, light, device, figure, painting, drawing, property onto which the public is regularly message, plaque, poster or other thing designed, invited or permitted to enter for any purpose. intended or used to advertise or inform. T. "Bropertyl means any real or - K - - - WitauthariZedi means_ Without- _ - .. Cemment.1A221: 6.01.020.T from 7,40.125.A.9. personal property including, but not limited to, consent of the owner, occupant or responsible -- - - f comment rani: 6.01.020:X from items affixed or appurtenant to real property or PattY. 7.40.125 Ail, premises, house, building, fence or structure and items of machinery, drop boxes, waste Y. "Unnecessarily 1oud" means any - - - "{ Comment (A27]: 6.01.020X from 7!:40.150.C. containers, utility poles and vaults and post sound that interferes with normal spoken office collection boxes. communication or that disturbs sleep. U. I"Responsible party means any _ Z V o n' meana failure -to_ - - Comment rA231 601,020.0 from 7 of the following: co 1 with a requirement imposed directly or 1 7 4a 125 "A 10 end mothftel. t the comply q P y deruition incur,. 1_46.4 indirectly by this title and may also mean civil 1. an owner, infraction or infraction. rent (AM 6.01. 0202 from 1.16.030 s and niddt�pt. ; "' 2. an entity or person I6,01;031 Nuisances Designated - Class _ - - - Comment "1A29]:601.030 1.40030 acting as an agent for an owner by agreement 1 Infraction exvanaed. " that has authority over the property, is responsible for the property's maintenance or A. The acts, omissions, conditions management, or is responsible for abating or or objects specifically enumerated in this title remedying a nuisance, are hereby declared to be a public nuisance. 3. any person occupying B. Violations of other titles of this the property, including bailee, lessee, tenant or code are likewise declared to be public other person having possession, and nuisances unless otherwise characterized in their location in another title. 4. the person who is alleged to have committed the acts or omissions, C. In addition to the nuisances created or allowed the condition to exist, or specifically enumerated within this title, every placed the object or allowed the object to exist other thing, substance or act which is determined on the property. (Ord. 86 -20 S4(Exhibit C(2)), by the council to be offensive, injurious or 1986). detrimental to the public health, safety or welfare of the city is declared to be a nuisance. There may be more than one party responsible for a particular property. 16.01:040 Penalty for Violation of this _ - - Comment (A301: 641.040 From 7.40110 and modified. Title 6 Revision AMS CLEAN - 11 -22 -2011 6 Title 4. a fee schedule for violations of Chapter 6.03 and the recovery of A. A violation of this title shall costs associated with the confiscation and constitute a Class 1 Civil Infraction, which shall reclamation of personal property or signs be processed according to the procedures confiscated in the right of way. established in Chapter 1.16 of this code. B. Such administrative rules shall B. Each violation of a provision of be adopted pursuant to the provisions of Chapter this title shall constitute a separate infraction, 2.04. and each day that a violation of this chapter is committed or permitted to continue shall 16.01.060 Enforcement- Minimum constitute a separate infraction. Requirements I _ - Comment [A32]: 6 01 060 From 7 61.055 and modified C. A finding of a violation of this A. The provisions of this title are title shall not relieve the responsible party of the declared to be minimum requirements. duty to abate the violation. The penalties imposed by this section are in addition to and 1. In their interpretation not in lieu of any remedies available to the city. and application, the provisions of this title shall be held to be minimum requirements, adopted D. Each violation of a provision of for the protection of the public health, safety and this title is subject to the specific penalty or general welfare. administrative fee established in Chapter 1.16 of this code. 2. When the requirements of this title vary from other provisions of this 16.01.050 Administrative Rules title or with any other title of the Tigard - - - -{ Comment (A311: 6.01.050 New Section to Municipal Code or Oregon Revised Statutes, the l provide for administrative rides. A. The city manager is authorized most restrictive or that imposing the highest to draft and adopt administrative rules that standard shall govern. establish: B. A finding of a violation of this 1. the types of signs title which results in confiscation of personal exempted from the notice requirements of property or signs does not prevent the city from 6.03.040, based on the likelihood the sign will additionally issuing citations for violations of be reclaimed, which may take into consideration this title or any other title of the Tigard the value of the materials and condition of the Municipal Code or Oregon Revised Statutes for sign; the same property or incident. 2. standards and methods C. This section shall not be read to for recording information about signs and prohibit in any way alternative remedies set out personal property confiscated in the right of in this title or any other title of the Tigard way, including a description of the sign or Municipal Code or Oregon Revised Statutes personal property, the location from which it which are intended to abate or alleviate code was confiscated and the date and time of the violations, nor shall the city be prevented from confiscation; recovering, in any manner prescribed by law, any expense incurred by it in abating or 3. procedures by which removing ordinance violations pursuant to any owners of confiscated personal property or signs code provision. can reclaim the items: Title 6 Revision AMS CLEAN - 11 -22 -2011 7 Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH, SAFETY AND PEACE Article I. General Nuisances 6.02.010 Common Nuisances 6.02.020 Noxious Vegetation 6.02.030 Trees & Bushes 6.02.040 Greenway Maintenance 6.02.050 Attractive Nuisances 6.02.060 Graffiti 6.02.070 Livestock/Poultry Article H. Property Development and Maintenance Requirements 6.02.100 Violation of Title Prohibited 6.02.110 Conditions of Approval 6.02.120 Visual Clearance Requirements 6.02.130 Fences and Walls 6.02.140 Accessory Structures 6.02.150 Insects and Rodents 6.02.160 Signs 6.02.170 Storage in Front Yards Article III. Junk, Garbage and Putrescible Waste 6.02.210 Vehicles Not to Drop Material on Streets 6.02.220 Open Storage of Junk 6.02.230 Scattering Rubbish 6.02.240 Garbage and Putrescible Waste 6.02.250 Offensive Wastes Prohibited 6.02.260 Unauthorized Deposits Prohibited Article IV. Streets and Sidewalks 6.02.310 Streets and Sidewalks 6.02.320 Maintenance /Repair of Public Sidewalks 6.02.330 Sidewalks, Curbs and Planter Strips 6.02340 Encroachment into Public Easement Article V. Noise Nuisances 6.02.410 Prohibition on Excessive Noise 6.02.420 Sound Measurement 6.02.430 Noise Limits 6.02.440 Prohibited Noises 6.02.450 Exceptions to Noise Limits 6.02.460 Maximum Noise Limits for Certain Activities 6.02.470 Evidence of Noise Violation Title 6 Revision AMS CLEAN - 11 -22 -2011 8 Article VI. Water Service and Meters 6.02.510 Service Connection Maintenance Article I. General Nuisances H. animals, including livestock or buildings for the purpose of maintaining 6.02.014 Common Nuisances livestock or animals, maintained in such places _ - - Comment IA331: 6.02.010 From 7.40.040 and or in such a manner that they are offensive or modified.. No person shall cause or permit a annoying to the residents within the immediate nuisance affecting the public health. The vicinity, or maintaining the premises in such a following are nuisances affecting the public manner as to be a breeding place or likely health: breeding place for rodents, flies and other pests. A. an open vault or privy I. an animal carcass permitted to constructed and maintained within the city, remain on public property or to be exposed on except those constructed or maintained in public property for a period of time longer than connection with construction projects in is necessary to remove or dispose of the carcass. accordance with the State Health Division regulations. J. maintenance on private property of a dangerous building B. accumulations of debris, rubbish, manure and other refuse that affect the 16.02.020 Noxious Vegetation _ - comment [A34I:6.02.020 From ?40.050and health of surrounding persons. modified A. No owner or responsible party C. stagnant water that affords a shall allow noxious vegetation to be on the breeding place for mosquitoes and other insect property or in the right of way abutting the pests. property. D. pollution of a body of water, B. The owner or responsible party well, spring, stream or drainage ditch by sewage, shall cut down or destroy grass, shrubbery, industrial wastes or other substances placed in or brush, bushes, weeds or other noxious near the water in a manner that will cause vegetation as often as needed to prevent them harmful material to pollute the water. from becoming unsightly or, in the case of weeds or other noxious vegetation, from E. any animal, substance or maturing or from going to seed. condition on the premises that is in such a state or condition as to cause an offensive odor 16102.030 Trees and Bushes -{ Comment [A35]: 6,02,030 From 7 40060 detectable at a property line, or that is in an insanitary condition. A. No responsible party shall permit tree- branches or roots of trees or bushes F. drainage of liquid wastes from on the property to extend into a right of way in a private premises. manner which interferes with its use. G. cesspools or septic tanks that are B. It shall be the duty of a in an unsanitary condition or which cause an responsible party to keep all treethe branches of offensive odor. all trees or bushes on the premises that adjoin the right of way, including an adjoining parking Title 6 Revision AMS CLEAN - 11 -22 -2011 9 strip, trimmed to a height of not less than eight 16.02.050 Attractive Nuisances - _ - Comment [*371: 6.02 050 FroM 7.40.110 and _ J feet above a sidewalk and not less than 10 feet modified above a street. A. No responsible party shall permit on the property: C. No responsible party shall allow to stand any dead or decaying tree that is in 1. unguarded machinery, danger of falling or otherwise constitutes a equipment or other devices that are attractive, hazard to the public or to persons or property on dangerous and accessible to children; or near the property. 2. lumber, logs, building 16.02.040 Greenway Maintenance _ _ _ material_or _piling_placed or stored in a manner_, - - .{ Comment [A361: 6. 02.040 From 7 40.090 so as to be attractive, dangerous and accessible A. A responsible party shall to children; maintain the property, subject to an easement to the city or to the public for greenway purposes. 3. an open pit, quarry, B. Except as otherwise provided by cistern or other excavation without safeguards or barriers to prevent such places from being used this section and Sections 6.02.020 through by children; or 6.02.050, 6.02.210 through 6.02.230, and 6.02.310, the standards for maintenance shall be 4. an exposed foundation as follows: or portion of foundation, any residue, debris or The land shall remain in other building or structural remains, for more 1. Th land condition. shall remain p in than thirty days after the destruction, demolition its natural topographic or removal of any building or portion of the structures, culverts, excavations or fills shall be building. constructed within the easement area unless authorized by the city engineer based on a B This section shall not apply to finding of need in order to protect the property authorized construction projects with reasonable or the public health, safety or welfare. safeguards to prevent injury or death to children. 2. No tree over five feet in 16,02.060 Graffiti , _ - -f Comment Way: 6.02.060 From 7.40.125. j height shall be removed unless authorized by the community development director based on a A. Placing graffiti that is visible finding that the tree constitutes a nuisance or a from premises open to the public, such as public hazard. rights of way or other publicly owned property, Grass shall be kept cut and that has been placed upon any real or 3. Gr to a height not exceeding 1 a inches except when personal property, such as buildings, fences and some natur condition prevents cutting. structures, without authorization from the owner or responsible party is a violation of this title and C. In situations where the approval is subject to its remedies. authority establishes different standards or B. Any property location in the additional standards, the standards shall be in City of Tigard that becomes a graffiti nuisance writing and shall be recorded. property is in violation of this title and is subject to its remedies. D. No person shall be found in violation of this section of the code unless the C. Every responsible party who person has been given actual or constructive permits a property to become a graffiti nuisance notice of the standards prior to the time the property is in violation of this title and subject to • Comment [A39]: Existi text 6'0113.40.125 violation occurred. its remedies. • ' deleted to let graffiti be treated as a Class i Civil L J Infraction uMer Chapter 1.16 tike any other nwsanceviolstion Title 6 Revision AMS CLEAN - 11 -22 -2011 10 16.01079. Livestock/Poultry Storage of any materials including ._ - - Comment I A40 I: 6.02©70 From Table 18. mat '!'' wastes or maintaining any grounds in a manner Footnotes. No poultry or livestock, other than that may attract or aid the propagation of insects normal household pets, may be kept unless or rodents or create a health hazard is declared to housed or retained within a fenced run at least be a public nuisance in violation of this title. 100 feet from any nearby residence except a dwelling on the same lot. 16.02.160 Signs - - Comment 1*471; 6 .oz 160 New text, reams to 18:780 Article II. Property Development and Constructing, placing or maintaining a Maintenance Requirements sign in violation of the provisions of Section 18.780 is declared to be a public nuisance in 16.02,1)0( Violation of Title Prohibited _ violation of this title. _ _ - Comment (*413:602100 from 18.230.020 Erecting, constructing, altering, 16.02,170 Storage in Front Yards _ _ - - Comment (*48I: 6.02370 New text refers to maintaining or using any building or structure or 18.730.050,0. using, dividing or transfering land in violation of Storage of any boats, trailers, campers, Title 18 are declared to be a public nuisance in camper bodies, house trailers, recreation violation of this title. vehicles or commercial vehicles in excess of /. ton capacity in a required front yard in a 16.02.110 Conditions of Approval residential zone in violation of the provisions of _ _ -- Comment[ A421:6,021 New section, refers to' Section 18.730.050.0 is declared to be a public 1sz10.ozo,i6.2td74 18.390.030.C,1839ouace. Failure to maintain a property in nuisance in violation of this title. 1890.050.E.3@ 18340060.H ' compliance with a condition of approval issued pursuant to the Community Development Code Article III. Junk, Garbage and Putrescible is declared to be a public nuisance in violation of Waste this title. 16 .02.210 Vehicles Not to Drop Material Comment (*493602210 From /40080 16.02.1201 Visual Clearance on Streets Comment Linn 6 .t2ON text,refprsto Requirements 18743.030 The owner or operator of any vehicle All property within the city shall be engaged in the transportation of excavation or maintained in compliance with the Visual construction materials shall be responsible for Clearance Requirements of Section 18.795.030. keeping the public streets and sidewalks free from such materials, including, but not limited 16.02.134 Fences and Walls to earth, rock and other debris that may obstruct comment/imp, 6.02,130 New text,refersto or render the street or si ewdlk unsafe foi its 11743.050:C Erection of a fence or wall except as in intended use. compliance with Section 18.745.050.0 is declared to be a public nuisance in violation of 16.02.220 Open Storage of Junk _ _ - t 1 Comment IA501: 6 .02220 From 740100 j this title. No person or responsible party shall 16.02.144 Accessory Structures deposit, store, maintain or keep on any real _ _ -( comment /ma; 402140 New text, Terns to property, except in a Tully enclosed storage f 18 510.060 Constructing, placing or maintaining an facility, building or garbage receptacle, any of accessory structure in violation of the provisions the following: of Section 18.510.060 is declared to be a public nuisance in violation of this title. A. an icebox or refrigerator, or similar container, which seals essentially 16.02.159 Insects and Rodents airtight, without first removing the door; comntent [A46It 6.02.150 From iS 725.030.F and modified. B. inoperable or partially Title 6 Revision AMS CLEAN - 11 -22 -2011 11 dismantled automobiles, trucks, buses, trailers or specific provisions for containers have been other vehicle equipment or parts thereof in a made. state of disrepair, for more than ten days as to any one automobile, truck, bus, trailer or piece Article IV. Streets and Sidewalks of vehicular equipment; 16.02.311 Streets and Sidewalks _ , - -I Comment 1A553 : 6A2.3iOFrom7_Mto70 C. used or dismantled household appliances, furniture, other discards or junk, for The responsible party shall keep a more than five days. public street and/or sidewalk abutting their property free from earth, rock and other debris 1602 23(t Scattering Rubbish and other objects that may obstruct or render the _ _ .. comment testa 6.02.230 From 740320 and street or sidewalk unsafe The its s intended use. meted. No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse, or any substance that would mar 6.02324 _ Maintenance and Repair of _ - { Comment £A56j: 6.02,320 from 1S iz,010 the appearance, create a stench or fire hazard, Public Sidewalks detract from the cleanliness or safety of the property or would be likely to injure a person or It is the duty of all persons owning lots animal or damage a vehicle traveling upon a or land which have public sidewalks abutting the right of way. same, to maintain and keep in repair the sidewalks and not permit them to become or 002140 Garbage and Putrescible remain in a dangerous or unsafe condition. _ - Comment LA521 6.02:240 From 1104 1001 .e Waste "Maintenance includes, buf is notlumfed io, the - i removal of snow and ice. Any owner of a lot or A. All solid waste receptacles, land who neglects to promptly comply with the including, but not limited to, cans, containers provisions of this section is fully liable to any and drop boxes, shall be maintained in a safe person injured by such negligence. The city and sanitary condition by the customer. shall be exempt from all liability, including, but not limited to, common -law liability, that it B. All putrescible solid wastes might otherwise incur to an injured party as a shall be removed from any premises at least result of the city's negligent failure to maintain once every seven days, regardless of whether or and repair public sidewalks. (Ord. 91 -12 §1, not confined in any container, compactor, drop 1991: Ord. 85-44 §3, 1985). box or other receptacle. 16.02330 Sidewalks, Curbs and Planter _ - { Comment (A5Yj: 602 330 From 18.810074E 002.251 Offensive Wastes Prohibited Strips - Comment IA531: 6,02250 From 1104110- - . No person shall have waste on property Maintenance of sidewalks, curbs and that is offensive or hazardous to the health or planter strips is the continuing obligation of the safety of others or which creates offensive odors adjacent property owner. or a condition of unsightliness. 1602344 Encroachments into Public CommentWe e.02340From1536.0101 z 02260 Unauthorized Deposits Rights of Way, Easements and 0541: sin .26o Frmn 1104120 Prohibited Public -Properly No person shall, without authorization Except as provided in subsection and compliance with the disposal site 15.16.010.1.b, it shall be unlawful for any requirements of Chapter 11.04, deposit waste on person to erect or cause to be erected any public property or the private property of structure or to place or maintain any vegetation another. Streets and other public places are not and/or landscaping materials in, over or upon authorized as places to deposit waste except as any dedicated public right of way, easement or Title 6 Revision AMS CLEAN - 11 -22 -2011 12 public property without having first obtained a A. When measured at the boundary revocable permit from the city manager or of or within a property on which a noise designee authorizing such action. Encroachment sensitive unit, not the source of the sound, is into improved public right of way is only located, exceeds: allowed if specifically authorized by the city pursuant to Chapter 15.04. 1. 40 dB at any time between 9 p.m. and 7 am. the following day; or Article V. Noise Nuisances 2. 50 dB at any time 16.01414 Prohibition on Excessive Noise between 7 am. and 9p.m. the same day or - _ - { Comment ritso 6.02.4tOFrom 7.40.130 j A. No person shall make, assist in B. Is plainly audible at any time making, permit, continue or permit the between 9 p.m. and 7 a.m. the following day continuance of any noise within the City of within a noise - sensitive unit which is not the Tigard in violation of this article. source of sound; or B. No person shall cause or permit C. Is unnecessarily loud within a any noise to emanate from property under that noise - sensitive unit which is not the source of person's control in violation of this article. the sound. (Repealed and replaced by Ord. 01 -13A, Ord. 96 -06; Ord. 90 -03 §1(part), 1990). D. When measured at or within the boundary of or within a property on which no 16.42.424 Sound Measurement _ _ noise sensitive_ unit. is located,_ and_ the _noise_ _ - - -t Comment WO 604420 Frown 740340, originates from outside the property, if the noise A. While sound measurements are level exceeds: not required for the enforcement of this article, should measurements be made, they shall be 1. 60 dB at any time made with a sound level meter. The sound level between 9 p.m. and 7 am. of the following day; meter: or 1. Shall be an instrument 2. 75 dB at any other time. in good operating condition, meeting the requirements of a Type I or Type II meter; E. If within a park, street or other public place, is unnecessarily loud at a distance 2. Shall contain at least an of 100 feet. (Repealed and replaced by Ord. 01- A- weighted scale, and both fast and slow meter 13A, Ord. 90 -03 §1(part), 1990). response capability. 16.02:440 Prohibited Noises _ - - f Comment MAb?3: 6.02440froni7. 1:170 , j B. If measurements are made, the person making those measurements shall have A. The use of exhaust brakes (joke completed training in the use of the sound level brakes), except in an emergency or except when meter, and shall use measurement procedures used by a person operating an emergency consistent with that training. (Repealed and services vehicle equipped with a muffled replaced by Ord. 01 -13A, Ord 90 -03 §1(part), compression braking system, is prohibited at all 1990). times within the city, regardless of noise level. 16 02 434 Noise Limits B E xcept_ as- provided in _Section_ - - - �( Comment ttr fa 642.43° Fcwn- 7.4(!.16° i 6.02.450, the following acts are violations of this It is unlawful for any person to produce, chapter if they exceed the noise limits specified or permit to be produced, sounds which: in Section 6.02.430: Title 6 Revision AMS CLEAN - 11 -22 -2011 13 1. the sounding of any The following shall not be considered horn or signal device or any other device on any violations of this article, even if the sound limit automobile, motorcycle, truck, bus or other specified in Section 6.02.430 is exceeded: vehicle while in motion, except as a danger signal; A. non - amplified sounds created by organized athletic or other group activities, when 2. the operation of sound- such activities are conducted on property producing devices such as, but not limited to, generally used for such purposes, such as musical instruments, loudspeakers, amplifying stadiums, parks, schools and athletic fields, devices, public address systems, radios, tape during normal hours for such events; recorders and/or tape players, compact disc players, phonographs, television sets and stereo B. sounds caused by emergency systems, including those installed in or on work, or by the ordinary and accepted use of vehicles; emergency equipment, vehicles and apparatus, regardless of whether such work is performed by 3. the operation of any a public or private agency, or upon public or gong or siren upon any vehicle, other than private property; police, fire or other emergency vehicle, except during sanctioned parades; C. sounds caused by bona fide use of emergency warning devices and alarm 4. the use of any systems; automobile, motorcycle or other vehicle so out of repair or in such a manner as to create loud or D. sounds regulated by federal law, unnecessary sounds, grating, grinding, rattling or including, but not limited to, sounds caused by other noise; railroads or aircraft; 5. the keeping of any E. sounds caused by demolition animal or bird that creates noise in excess of the activities when performed under a permit issued levels specified in Section 6.07.430; by appropriate governmental authorities and only between the hours of 7 ant and 7 p.m. 6 the operation of air seven days a week; conditioning or heating units, heat pumps, refrigeration units (including those mounted on F. sounds caused by industrial, vehicles) and swimming pool or hot tub pumps; agricultural or construction activities during the hours of 7 a.m. to 7 p.m. seven days a week; 7. the erection (including excavation), demolition, alteration or repair of G. sounds caused by regular any building, except as allowed under Sections vehicular traffic upon premises open to the 6.02.450.E and 6.02.450.F; public in compliance with state law. Regular vehicle traffic does not include a single vehicle 8. the use or creation of that creates noise in excess of the standard set amplified sound in any outdoor facility; forth in Section 6.02.430; 9. any other action that H. sounds caused by air -, creates or allows sound in excess of the level electrical- or gas -driven domestic tools, allowed by Section 6.02.430. (Ord. 06 -03; including, but not limited to, lawn mowers, lawn Repealed and replaced by Ord. 01 -13A, Ord. 96- edgers, radial arm, circular and table saws, drills 06; Ord. 90 -03 §1(part), 1990). and/or other similar lawn or construction tools, but not including tools used for vehicle repair, !6.02.450 Exceptions to Noise Limits during the hours of 7 a.m. to 7 p.m. seven days a - -[ Comment (A631 02.450 From 7 40. week; Title 6 Revision AMS CLEAN - 11 -22 -2011 14 The city manager may approve a noise I. sounds caused by chainsaws, mitigation plan only if the city manager when used for pruning, trimming or cutting of determines that the noise mitigation plan will live trees between the hours of 7 a.m. and 7 prevent unreasonable noise impacts. (Ord. 05- p.m., and not exceeding two hours in any 24 14; repealed and replaced by Ord. 01 -13A, Ord hour period seven days a week; 90 -03 §1(part), 1990). J. sounds created by community 16.02:466 Maximum Noise Limit for _ - - -f Comment (A641 From 7.40.190 events, such as parades, public fireworks Certain Activities displays, street fairs and festivals that the city manager or designee has determined in writing Notwithstanding Section 6.02.450, the to be community events for the purposes of this creation of noise by any activity subject to the section. The city manager's decision shall be exceptions listed in subsections 6.02.450.E, based on the anticipated number of participants 6.02.450.F, 6.02.450.H, or 6.02.450.1, in excess or spectators, the location of the event and other of 85 dB measured on property on which a noise factors the city manager determines to be sensitive use is located, for more than five appropriate under the circumstances. minutes in any calendar day shall be a violation. (Repealed and replaced by Ord. 01 -13A, Ord. K. sounds made by legal fireworks 99 -29; Ord. 96 -06; Ord. 90 -03 §1(part), 1990). on the third of July, Fourth of July, and the 1 Friday and Saturday during the weekend closest 16.02.476 Evidence of Noise Violation _ - t comment 40 frOM 7-40200 ) to the Fourth of July of each year, between the hours of 7 a.m. and 11 p.m.; A. In any civil infraction action based on a violation of the limits set forth in L. sounds made between midnight subsections 6.02.430.B, 6.02.430.0 or and 12:30 a.m. on January 1 of each year; 6.02.430.E, the evidence of at least two persons from different households shall be required to M. sounds originating from establish a violation. Any police or code construction projects for public facilities within enforcement officer or other city employee who rights of way pursuant to a noise mitigation plan witnessed the violation shall be counted as a approved by the city manager. The city manager witness for purposes of the two witness may approve a noise mitigation plan only if the requirement. city manager determines that the noise mitigation plan will prevent unreasonable noise B. The city may ask an alleged impacts. The noise mitigation plan must: violator to enter into a voluntary compliance agreement consistent with Section 1.16.115 1. map the project noise based on a single complaint or single witness. impacts and explain how the impacts will be (Repealed and replaced by Ord. 01 -13A, Ord. mitigated; 99 -29; Ord. 96 -06; Ord. 90 -03 §1(part), 1990). 2. provide special Article VI. Water Service and Meters consideration and mitigation efforts for noise sensitive units; 16.02;516, Service Connection and Comment We: bit SSi ren+2:10.tatm , } Maintenance 3. outline public notification plans; A. The city will maintain all standard service connections in good repair 4. provide a 24 -hour without expense to the customers. telephone contact number for information and complaints about a project. B. Each customer is required to use reasonable care and diligence to protect the Title 6 Revision AMS CLEAN - 11 -22 -2011 15 water meter and meter box from loss or damage D. Failure to maintain the area will by freezing, hot water, traffic hazards and other result in city personnel clearing the area to meet causes, in default of which, such customer shall the city's meter reading and maintenance needs. pay to the city the full amount of the resulting The customer will be charged any related damage. expenses of the city in clearing the area. C. Each customer is required to maintain a vegetation- and other obstruction -free E. The city shall have no liability zone of a minimum of two feet around the box. for trimming or maintaining vegetation in order Clear access to the meter shall be from the street to read meters. side in a direct path to the water meter. Chapter 6.03 PROPERTY IN THE RIGHT OF WAY 6.03.010 Signs in the Right of Way 6.03.020 Abandoned Personal Property in the Right of Way 6.03.030 City Authority to Remove 6.03.040 Notice Requirements 6.03.050 Exemption from Notice Requirements 6.03.060 Reclamation of Confiscated Personal Property and Signs 6.03.070 Disposal of Personal Property, Signs and Junk 6.03.080 Appeal of Confiscation 6.03.090 Exemption for Criminal Investigation 16.03.010 Signs in the Right of Way property. _ - -( Comment [A671: 6.03.01 *From 76 ,01S 3 A. Placement of a sign in the right 16.03:030, City Authority to Remove , _ - Comment [A69I r u3a3o ran ,025A . ana of way, unless the placement is authorized by a separate provision of any title of the Tigard The city manager may confiscate any Municipal Code or Oregon Revised Statutes, is sign in violation of Section 6.03.010 and any declared to be a public nuisance in violation of abandoned personal property in violation of this title. Section 6.03.020 without prior notice. B. The responsible party for a sign 16.01040 Notice Req_uirements _- -{ Comment tA7tll: From 7 1.025.B,C in violation of this chapter shall be responsible for any and all costs associated with disposition A. Subject to exemption by Section of the sign. 6.03.050, the owner of personal property or signs confiscated under Section 6.03.030 shall 01074 Abandoned Personal Property be notified of the violation and confiscation by , _ - -{ comment WO trosAzprrom 7.0.020 And } in the Right of Way the city manager or designee. 1 °O A. Abandoned personal property in 1. If the identity and the right of way is declared to be a public mailing address of the owner of personal nuisance in violation of this title. property or signs confiscated under Section 6.03.030 is known, the city manager shall notify B. The responsible party for the the owner of the item by certified mail or abandoned personal property shall be personal service no later than 30 days following responsible for any and all costs associated with the date of the confiscation. the disposition of the abandoned personal Title 6 Revision AMS CLEAN - 11 -22 -2011 16 2. If the identity and after payment in full of all costs associated with mailing address of the owner of personal the disposition of the sign; property or signs is not known, the city manager shall arrange for the public notice of the 3. may be disposed of confiscation to be provided within 30 days after the storage period without further following the confiscation, either by publication notification. in a newspaper of general circulation in the city or by publication on the city website, with a 16.03060 Reclamation of Confiscated _ _ - -{ Comment 1A721.. 6.03,060 From 761.035 clearly marked link from the city's homepage. Personal Property and Signs B. A notice under subsection A A. The city manager shall establish shall include: a location for the storage of confiscated personal property and signs. The location should be 1. a statement that the reasonably secure and accessible to city staff so personal property or sign was in violation of that personal property and signs can be Chapter 6.03 of the Tigard Municipal Code; reclaimed. 2. a description of the B. Confiscated personal property personal property or sign and the date, time and and signs shall be stored for no less than 30 days location from which the item was confiscated; following the provision of notice under Sections 6.03.040 and 6.03.050. 3. a copy of Section 6.03.030 notifying the owner of the process and { The city manager is authorized _ - Comment tA731. is o3 AMC reclamation text fees required to retrieve the confiscated personal to impose and collect an appropriate tepiaceE with witnmistrffiive nit 06 .03.060.0.01 -01. of f tod property or sign from the city; administrative fee for a violation of this chapter New 0"'`'ox' consistent with subsection 1.16.640.A.2 and to 4. the date after which additionally recover all costs associated with the disposal of the personal property or signs shall confiscated item. occur. 1 �6 03 070 Disposal of Personal Property, _ _ - t Comment tA741% 603.070 from 3 63.040, C. A notice by publication under Signs and Junk subsection A may contain multiple listings of confiscated signs. A. The city manager may immediately dispose of any junk found in the 6.03O54 Exemption from Notice right of way. Disposing of junk under this__ - { comment WA7iO : 6.03-030 Fmm 7.61.030 j Requirements subsection is not subject to the notice and reclamation provisions of 6.03.040 through A. The City Manager may exempt 6.03.060. certain signs from the notice requirements of 6.03.040. B. The city manager may order the destruction or other disposal of any personal B. Signs that are exempt from property coming into the city's possession which notice requirements: is determined by the city to be dangerous or perishable. Weapons shall be destroyed in 1. shall be stored for a accordance with ORS 166.280. Such disposal minimum of 14 days after the date of under this subsection is not subject to the notice confiscation; and reclamation provisions of 6.03.040 through 6.03.060. 2. shall be available during the storage period for reclamation by the owner C. At the sole discretion of the city manager and without provision of notice, the Title 6 Revision AMS CLEAN - 11 -22 -2011 17 city may donate, dispose of, sell, recycle or may establish a fee for the cost of conducting a repurpose any personal property or sign not hearing. reclaimed before expiration of the storage period. E. A hearing shall comply with all of the following: D. In lieu of the disposal of confiscated personal property under this section, 1. Upon receipt of a at any time the city is authorized to sell or proper request for a hearing, the city shall set a auction the confiscated personal property or time for a hearing within 30 days of the receipt sign, the city may convert the personal property of the request and shall provide notice of the or sign to public use by entering it on the city's hearing to the owners of the confiscated personal fixed asset inventory. property or sign. 1. Notice of the transfer of 2. Hearings held under this the personal property or sign to the city shall be section may be informal in nature, but shall given once by publication in a newspaper of afford a reasonable opportunity for the person general circulation in the city or by publication requesting the hearing to demonstrate by the on the city website at least 30 days before the statements of witnesses and other evidence, that personal property or sign is converted to city the confiscation of the personal property or sign use. The notice shall describe the property and was invalid, or for any other reason not justified. state that the described personal property or sign shall be converted to city use if the personal 3. The hearings officer property or sign is not reclaimed within 30 days. may be an officer, official or employee of the city, but may not have participated in any 2. If the personal property determination or investigation related to the or sign is not reclaimed within 30 days after confiscation of the personal property or sign. publication of the notice described in subsection The city manager may promulgate rules for D.1 of this section, the personal property or sign conducting hearings. shall be entered on the city's fixed asset inventory and shall not be subject to the right of 4. The owner requesting a redemption. hearing may be represented by legal counsel; however, legal counsel shall not be provided at 16.01084 Appeal of Confiscation , expense. Written notice of representation - _ - - Comment pan ISM .DSO From 7.61 045 by legal counsel shall be provided to the city A. The owner of the confiscated with the written request for a hearing. personal property or sign may request a hearing to contest the validity of the confiscation by 5. The city is only submitting a written request for hearing with the required to provide one hearing each time it city not more than five days from the mailing confiscates personal property or a sign. date of the notice or publishing of public notice. 6. Appeal of simultaneous B. The request shall state the confiscation of multiple items of personal reason(s) why the owner believes that the property or signs of the same owner may be confiscation was invalid and include payment in consolidated into a single appeal hearing. full for the cost of the hearing. 7. If the city finds after a C. The city shall not consider hearing that the confiscation of the personal requests for hearings which do not meet the property or sign was invalid: requirements of subsections A and B. a. The city shall D. The city manager or designee order the immediate release of the personal Title 6 Revision AMS CLEAN - 11 -22 -2011 18 property or sign to the owner of the item(s), if of the confiscated personal property or sign are still in possession of the city, and/or; paid. b. Refund to the 9. A person failing to owner any payment of costs associated with the appear at a hearing is not entitled to another removal, storage, detention and maintenance of hearing or any refund of costs unless the person the personal property or sign that has been provides the city satisfactory proof for the reclaimed. person's failure to appear. c. The owner shall 10. The city shall provide a not receive a refund for the cost of the hearing, written statement of the results of the hearing to and shall be liable for storage charges incurred the person requesting the hearing. more than 24 hours after the time the personal property or sign is officially ordered released to 11. The determination of the person. the hearings officer at a hearing is final and not subject to appeal. 8. If the city finds after a hearing that the confiscation of the personal 16.03:099 Exemption for Criminal _ - - -f comment vim: 4,03090 From 7.61.050 property or sign was valid, the city shall order Investigation the personal property or sign be held until the costs of the hearing and all monies incurred or A vehicle that is being held as part of charges associated with the cost of the removal, any criminal investigation is not subject to any storage, detention, maintenance and disposition requirements of Chapter 6.03. Title 6 Revision AMS CLEAN - 11 -22 -2011 1 Title 6: NUISANCE VIOLATIONS Sections: Chapter 6.01 GENERAL PROVISIONS AND PENALTIES 6.01.010 Short Title 6.01.020 Definitions 6.01.030 Nuisances Designated - Class I Civil Infraction 6.01.040 Penalty for Violation of This Title 6.01.050 Administrative Rules 6.01.060 Enforcement - Minimum Requirements Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH, SAFETY AND PEACE Article L General Nuisances 6.02.010 Common Nuisances 6.02.020 Noxious Vegetation 6.02.030 Trees and Bushes 6.02.040 Greenway Maintenance 6.02.050 Attractive Nuisances 6.02.060 Graffiti 6.02.070 Livestock/Poultry Article H. Property Development and Maintenance Requirements 6.02.100 Violation of Title Prohibited 6.02.110 Conditions of Approval 6.02.120 Visual Clearance Requirements 6.02.130 Fences and Walls 6.02.140 Accessory Structures 6.02.150 Insects and Rodents 6.02.160 Signs 6.02.170 Storage in Front Yards Article III. Junk, Garbage and Putrescible Waste 6.02.210 Vehicles Not to Drop Material on Streets 6.02.220 Open Storage of Junk 6.02.230 Scattering Rubbish 6.02.240 Garbage and Putrescible Waste 6.02.250 Offensive Wastes Prohibited 6.02.260 Unauthorized Deposits Prohibited Article IV. Streets and Sidewalks 6.02.310 Streets and Sidewalks Title 6 Revision AMS - 11 -22 -2011 2 6.02.320 Maintenance/Repair of Public Sidewalks 6.02.330 Sidewalks, Curbs and Planter Strips 6.02.340 Encroachment into Public Easement Article V. Noise Nuisances 6.02.410 Prohibition on Excessive Noise 6.02.420 Sound Measurement 6.02.430 Noise Limits 6.02.440 Prohibited Noises 6.02.450 Exceptions to Noise Limits 6.02.460 Maximum Noise Limits for Certain Activities 6.02.470 Evidence of Noise Violation Article VI. Water Service and Meters 6.02.510 Service Connection Maintenance Chapter 6.03 PROPERTY IN THE RIGHT OF WAY 6.03.010 Signs in the Right of Way 6.03.020 Abandoned Personal Property in the Right of Way 6.03.030 City Authority to Remove 6.03.040 Notice Requirements 6.03.050 Exemption from Notice Requirements 6.03.060 Reclamation of Confiscated Personal Property and Signs 6.03.070 Disposal of Personal Property, Signs and Junk 6.03.080 Appeal of Confiscation 6.03.090 Exemption for Criminal Investigation Title 6 Revision AMS - 11 -22 -2011 3 Chapter 6.01 GENERAL PROVISIONS AND PENALTIES 6.01.010 Short Title 6.01.020 Definitions 6.01.030 Nuisances Designated - Class I Civil Infraction 6.01.040 Penalty for Violation of This Title 6.01.050 Administrative Rules 6.01.060 Enforcement - Minimum Requirements 16.01.014 Short Title C. City manager'l means the city - - l Cone a ; I tl;s �.0 a 740010 manager Ord+ designee (Artie city manager. '' { comment (AO 6.01020.0 From 7,61.010.2 and The ordinance codified in this - chapter I l modified title —shall be known as the "nuisance D. `Civil infraction",.. r ordinance," and may also be referred to herein as " on' j shall-means -the failure to comply _ _ - { Comment (A61 .1.16.030.0 Flom ewazing "this ehaptertitle." with a --eede provision of this title. � 1.16.030:6 and i fied 16.01.024 Definitions - Comment(AZl 601 02OFr m740020and ,. -, , . _• • - _ - , 7,7i3Oio,expanded. As used in this title: A. h Abate" means to restore a - - shall _ be, _deemed _ to _he_ references Ia _ "civil_ _ - - ' comment IAA 6:01.020 from 7A0.125 ,A1 and property to its condition prior to the infraction, infraction." (Ord. 07 03, Ord. 05 08, Ord. 02 or similar condition that is free of the subject 27, Ord. 86 20 §l(Exhibit A(1)), 1986). infractions. In the case of graffiti, "abate" means to remove graffiti from the public view, E. '`Costs'I means all mono., _ - - Comment (A7p 601.02=00(07,14.010.4 expenses incurred and charges associated with modifiedl B. [`Abands nett personal `pr !perty L - - - - any- action-taken- by- -the- eitv- tinder -this - title- Comment Eno 6.010202 from tiAino.t and means any personal property, as the term is including, but not limited to -the, the cost to the m°d'aed• ' • ' defined in thisehapter title, which has been public of the staff time invested and, regarding discarded, deserted or relinquished. items confiscated in violation of Sections The lzpersonal property shall be 6.03.010 and 6.03.020, all expenses incurred and considered abandoned if any of the following charges associated with the removal, storage, conditions exist: detention, processing, disposition and maintenance thereof of confiscated items in .e e. al. a71e personal property is left F. _t'Dangerous building' means: _ - - -{ Comment IA0 6ot.o20.F flora 7.411.0401 unattended in the °i :fright of way for more than five hours; 1 • a structure that, for the want of proper b2. repairs or by reason of age and dilapidated Ale personal property is placed in the Righ-of condition, by reason of poorly installed electrical Wayright of way in a location or manner as to wiring or equipment, defective chimney, constitute a potential, imminent or immediate defective gas connection, defective heating hazard or obstruction to pedestrian or vehicular apparatus or for any other cause or reason, is traffic or to otherwise pose a threat to public especially liable to fire, and that is so situated or health, safety or welfare, occupied as to endanger any other building or property or human life; 2. a structure containing Title 6 Revision AMS - 11 -22 -2011 4 combustible or explosive material, rubbish, rags, J. j' Junk" Imeans items -that _ - -{ Comment ii►12]: 6.01.0201f/oat 7.61.010.A.6. waste, oils, gasoline or flammable substance of have no apparent utility or are in an unsanitary any kind, especially liable to cause fire or danger condition. to the safety of the building, premises or to human life; K. ['Noise- sensitive u _,.j. t _ s hall { Comment [A13]: 6.01.020.K from 7.40.150.A include any building or portion of a building containing a residence, place of overnight 3. a accommodation, church, day care center, structure that is kept or maintained or is in a hospital, school or nursing care center. For the filthy or unsanitary condition, especially liable purpose of this definition, "residence" and to cause the spread of contagious or infectious "overnight accommodation" do not include disease or diseases; living/sleeping quarters of a caretaker or watchperson on industrial or commercial 4 a property provided by the owner or operator of structure in such weak or weakened condition, the industrial or commercial facility. or dilapidated or deteriorated condition as to endanger any person or property by reason of L. [`Noxious vegetation" [ - _ - comment [A14]: 6.01.020.L from 7:40.050.A l probability of partial or entire collapse. (Ord. inlckndesmeans: and 13 and modified 86 -39 Sl(Exhibit A), 1986; Ord. 86 -20 1. Wweeds more than ten S4(Exhibit C(4)), 1986). 10 inches high; G. `Dispose of/Disposal"Lmeans to -( Comment [A9�: 6.01020.Gfiiw m 7.61.010.5and J get rid of and inches high and not within the exception stated d includes sell, auction, donate, 2. Fgrass-merethansenn -1-0 l ' frbd destroy, of an i and recycle. in Subsection -A paragraph 8 of this &subsection; H. l''Graffiti"J means any inscription, - - { Comment tA103: 601.020•H from 740.125_A-1 j word, figure or design that is marked, etched, 3. 1 oak, poison ` scratched, drawn or painted on any surface with ivy, or similar vegetation; paint, ink, chalk, dye, other similar substance or placement of stickers or appliques, regardless of 4. l;klead trees, dead content bushes, stumps and any other thing likely to cause fire; 5. Bblackberry bushes that extend into a public- thoreeglIfareright of way or - ' across a property line; 7`- 6. Vvegetation that is a I. I"Graffti nuisance property . ' [ _ health hazard; - -{ Comment [Aiii: 01,0201 from 7.4a 125.A.3. j means a property upon which graffiti has been placed and for which a Letter of Complaint or 7. Vvegetation that is a Notice of Violation has been sent to the owner health hazard because it impairs the view of-a consistent with Chapter 1.16 and each on which the right of way or the graffiti has been allowedpermitted to remain otherwise makes use of the - thoroughfare right of for more than way hazardous. neti€atienthe length of time specified in the 8. The term "noxious letter or notice. vegetation" does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard, a fire hazard or a traffic hazard, and it is vegetation within the Title 6 Revision AMS - 11 -22 -2011 5 I meaning of u Sbsection B o€this subsection. T. 1'Propeity' j means any real or _ - - -{ Comment [A22]: 6.01.020.r from 74o•125.A 9 ; personal property including, but not limited to, M. I"occupant't means any _person, items affixed or appurtenant to real property or - ,. - -{ comment leis]: 6.A1. new definition, " " tenant, sub-lessee, successor or assignee that premises, house, building, fence or structure and has control over property. items of machinery, drop boxes, waste containers, utility poles and vaults and post N. Owner' j means any - inisliN4dual - - office collectionboxes - - - Comm nt LA16]: 6.01,0 20 N from 7.61010 A,7 person, agent, firm, corporation, unincorporated and modified. association, partnership, limited liability U. p'Responsible p 440 means any - -- Comment :6,01.020.0 from 740020.A company or other entity_ °it'' a clai' er agent of the following.' • - : :. .. -. - and 0- 125.A.10 and modified . (Same teat as the • _ _ ..... .. _ .. - . ' .. _ .. definition in Chapter 1.16) e quitable-,- inhaving a legal or equitable interest 1. dean owner, in or a claim to a property and includes, but is not limited to, a mortgagor in possession, an 2. occupant. or a person, agent, firm or corporation that owns or exercises control over items of an entity or property including abandoned personal property person acting as an agent for an owner by or a sign confiscated pursuant to this chapter. agreement that has authority over the property, is responsible for the property's maintenance or O. t`Permit'j means to knowingly - _ - - management_ or_ is responsible_ for abating _or_ - 1 - - t 0)4100414171: 6. 01.120.0 from 740125.A.7: 3 allow, suffer or acquiesce by any failure, refusal remedying a nuisance, or neglect to abate. 23. The any person P. `Person' means an individual occupy the propert3; imiuding_bmiee, lessee, _ - - t I Garment 14181: 6.01.0201 new definition . "• 3 human being and may also refer to a firm, tenant or other person having possession, and corporation, unincorporated association, partnership, limited liability company, trust, .34 The the - person who is estate or any other legal entity. alleged to have committed the acts or omissions, created or allowed the condition to exist, or comment (A19] 6oi;t120 Q from 7 61410 A M Q. ' e rsonat, property means placed object - or allowed object - t6 "exist - an d modified. tangible items, other than signs, as defined in I this chapter title, and vehicles which are on the property. (Ord. 86-20 S4(Exhibit C(2)), reasonably recognizable as belonging to 1986). individual persons and which have apparent utility. There may be more than one party responsible for a particular property. R. `Plainly audible means any Comment 14201 601 020 as«n 7: 150 B. I sound for which the information content of that ` Y { ' "' _ comment %Zi]: 6.01•020.V from 7•61010.A.9 sound is unambiguously communicated to the means a strip of land or structure occupied or and modifed. listener, such as, but not limited to, intended to be occupied by a street, crosswalk, understandable spoken speech, comprehensible pedestrian or bike path, railroad, road, electric musical rhythms or vocal sounds. transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, street trees S. ItPteMil "open," to the pt blICII - or other special use and all other public ways - _ - -{ Comment (J1211 6.01•0205 from 740125 . A. 8. means all public spaces including —, but not and areas managed by the Ecity. limited to, streets, alleys, sidewalks, parks, rights of way and public open space, and private W. p'Sign'1 means any materials - - - Comment 1A25,1: " 6.01.020.W from property onto which the public is regularly placed or constructed primarily to convey a 18•780.A1SA.9S " nod modified invited or permitted to enter for any purpose. message or other display and which can be viewed from the right of way, another property or from the air including any outdoor sign, Title 6 Revision AMS - 11 - 22 - 2011 I 6 display, light, device, figure, painting, drawing, et4 -as- Chapter 1.16 of this code. message, plaque, poster or other thing designed, intended or used to advertise or inform. B. Each violation of a_- suite provision of this title shall constitute a separate X. 1"Unauthorize i' means without ' infraction, and_each day_that_a violation of this_ _ _ - C anmeat I 6.01. from consent of the owner, occupant or responsible chapter is committed or permitted to continue 7 40 I25.A.t 1. ply shall constitute a separate infraction. Y. I`Unnecessarily loud'I means any { Comment [A27]: 601.020Y from 7,40.1SO.C. C. sound that interferes with normal spoken communication or that disturbs sleep. `e €the responsible party title shall not relieve the responsible parry of the duty to abate the violation. The penalties imposed by this section are in addition to and Z. t`Violationt means failure to ment [A28]: 6.01. 2 from 1.16.030.5 I not in lieu-of-any-remedies-available-to the-city.- ( Com comply with a requirement imposed directly or t and modified. indirectly by this -node title Violation -and -may also mean civil infraction or infractionexcept as D. Each violation of a provision of this title is subject to the specific penalty or ` ` " ' `" ` ' ' administrative fee established in the civil Chapter 1.16 of this code. 16.01.034 Nuisances Designated - Class _ _ - Comment [*291: 6.01.030From 9.40,030, 1 Infraction 16.014150 Administrative Rules A. The acts, omissions, conditions C o m m e n t r a n t 6.01. NevrSe tioo to A. The city manager is authorized provide faradminist verules. or objects specifically enumerated in this title establish: and adopt administrative rules that are hereby declared to be a public nuisance. establish: B. Violations of other titles of this 1. the types of signs code are likewise declared to be public exempted from the notice requirements of nuisances unless otherwise characterized in their 6.03.040, based on the likelihood the sign will location in another title. be reclaimed, which may take into consideration BC. In addition to the nuisances the value of the materials and condition of the sign; specifically enumerated within this title, every other thing, substance or act which is determined 2. standards and methods by the council to be offensive, injurious or for recording information about signs and detrimental to the public health, safety or personal property confiscated in the right of welfare of the city is declared to be a nuisance. way, including a description of the sign or �� : " "�_e" "� "�� ^� "�:� �� " personal property, the location from which it was confiscated and the date and time of the confiscation; 3. procedures by which - - owners of confiscated personal property or signs can reclaim the items: 16,01.044 Penalty for Violation of this , _ - Comment [A301: 6.01.040 From 7.40.210 sod Title 4. a fee schedule for modified. • 1 violations of Chapter 6.03 and the recovery of A. A violation of this title costs associated with the confiscation and shall constitute a Class 1 Civil Infraction, which reclamation of personal property or signs shall be processed according to the procedures confiscated in the right of way. 1 established in the--eivil-inft-antiens-offlifianee set Title 6 Revision AMS - 11 -22 -2011 7 B. Such administrative rules shall restrictive or that imposing the highest standard be adopted pursuant to the provisions of Chapter shall govern. 2.04. AB. A finding of a violation of this 16.01.060 Enforcement— - Minimum title which results in confiscation of personal Requirements property or signs does not prevent the Gcity _ - - comment IA32I: 601 .060 From 7.61055 and from additionally issuing citations for violations moa eea EA. The provisions of this title are of this title or any other title of the Tigard declared to be minimum requirements. Municipal Code or Oregon Revised Statutes for the same property or incident. 1. Intended --In their interpretation and application, EC. This section shall not be read to the provisions of this title shall be held to be prohibit in any way alternative remedies set out minimum requirements, adopted for the in this title or any other title of the Tigard protection of the public health, safety and Municipal Code or Oregon Revised Statutes general welfare. which are intended to abate or alleviate code violations, nor shall the Qcity be prevented from 2. Most restrictive recovering, in any manner prescribed by law, requirements-appWhen the requirements of any expense incurred by it in abating or this title vary from other provisions of this title removing ordinance violations pursuant to any or with any other title of the Tigard Municipal code provision. Code or Oregon Revised Statutes, the most Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH, SAFETY AND PEACE Article I. General Nuisances 6.02.010 Common Nuisances 6.02.020 Noxious Vegetation 6.02.030 Trees and Bushes 6.02.040 Greenway Maintenance 6.02.050 Attractive Nuisances 6.02.060 Graffiti 6.02.070 Livestock/Poultry Article H. Property Development and Maintenance Requirements 6.02.100 Violation of Title Prohibited 6.02.110 Conditions of Approval 6.02.120 Visual Clearance Requirements 6.02.130 Fences and Walls 6.02.140 Accessory Structures 6.02.150 Insects and Rodents 6.02.160 Signs 6.02.170 Storage in Front Yards Article III. Junk, Garbage and Putrescible Waste 6.02.210 Vehicles Not to Drop Material on Streets Title 6 Revision AMS - 11 -22 -2011 8 6.02.220 Open Storage of Junk 6.02.230 Scattering Rubbish 6.02.240 Garbage and Putrescible Waste 6.02.250 Offensive Wastes Prohibited 6.02.260 Unauthorized Deposits Prohibited Article IV. Streets and Sidewalks 6.02.310 Streets and Sidewalks 6.02.320 Maintenance/Repair of Public Sidewalks 6.02330 Sidewalks, Curbs and Planter Strips 6.02.340 Encroachment into Public Easement Article V. Noise Nuisances 6.02.410 Prohibition on Excessive Noise 6.02.420 Sound Measurement 6.02.430 Noise Limits 6.02.440 Prohibited Noises 6.02.450 Exceptions to Noise Limits 6.02.460 Maximum Noise Limits for Certain Activities 6.02.470 Evidence of Noise Violation Article VI. Water Service and Meters 6.02.510 Service Connection Maintenance Article I. General Nuisances C. Stagnant Water. Sstagnant x:t ] 16.02.014 ;vim= .:�,o.�water that affords a breeding place _ , - - comment [ bo2.o�ItFroin 9.aiao.�t 91 HealthCommon Nuisances for mosquitoes and other insect pests. modified. No person shall cause or permit a D. llution of a nuisance affecting the public health. The body of water, well, spring, stream or drainage following are nuisances affecting the public ditch by sewage, industrial wastes, or other health: substances placed in or near the water in a manner that will cause harmful material to A. man open vault or privy pollute the water. constructed and maintained within the city, I except those constructed or maintained in E. Odor. Any animal, substance connection with construction projects in or condition on the premises that is in such a accordance with the State Health Division state or condition as to cause an offensive odor regulations. detectable at a property line, or that is in an insanitary condition. B. Debris. Aaccumulations of debris, rubbish, manure and other refuse that F. Surface Drainage. Ddrainage affect the health of surrounding persons. of liquid wastes from private premises. Title 6 Revision AMS - 11 -22 -2011 9 adjoin the_publie-stteet-er-publie-s+dewallt right G. Cesspools. Cc=esspools or of way, includingjhe -an adjoining parking strip, septic tanks that are in an unsanitary condition trimmed to a height of not less than eight feet or which cause an offensive odor. above-the a - sidewalk and not less than ten feet above-the a - street. H. Animals. Aanimals,_including livestock or buildings for the purpose of B. No-owner-et responsible party maintaining livestock or animals, maintained in shall allow to stand any dead or decaying tree such places or in such a manner that they are that is in danger of falling or otherwise offensive or annoying to the residents within the constitutes a hazard to the public or to persons or immediate vicinity, or maintaining the premises property on or near the property. in such a manner as to be a breeding place or likely breeding place for rodents, flies and other 16.02.'040[ Greenway Maintenance - - {Comment [A361 6.02.040 from 740090 pests. A. The owner or A I. Removal- ^ofcareasses. -,1an responsible party shall maintain the property, animal carcass permitted to remain on public subject to an easement to the city or to the public property or to be exposed on public property for for greenway purposes. a period of time longer than is necessary to remove or dispose of the carcass. B. Except as otherwise provided by this section and Sections_ 7.40.050 through J. Mmaintenance on private 7.10.1206.02.020 through 6.02.050, 6.02.210 property of a dangerous building through 6.02.230, and 6.02.310, the standards for maintenance shall be as follows: • 16 .02.020 . Noxious Vegetation CommentJl►34l.boz.o frrrn 7A0:054 and 1. The shall rema A. No owner or responsible party its natural topographic condition. No private shall allow noxious vegetation to be on the structures, culverts, excavations or fills shall be property or in the right of way_e€- a- public constructed within the easement area unless thoroughfareabutting en -the property. authorized by the city engineer based on a finding of need in order to protect the property tB. The owner or responsible party or the public health, safety or welfare. shall cut down or destroy grass, shrubbery, brush, bushes, weeds or other noxious 2. No tree over five feet in vegetation as often as needed to prevent them height shall be removed unless authorized by the from becoming unsightly or in the case of community development director based on a weeds or other noxious vegetation, from finding that the tree constitutes a nuisance or a maturing or from going to seed. hazard. Grass shall be kept c comment 1b.02 0 Trees and8r Bushes 3 comment In3slc 02.030 From 7.40.060 I - - to height - nor exceeding - tea -i 0 arches except - A. No responsible party shall when some natural condition prevents cutting. permit tree- branches or roots of trees or bushes on the property to extend into a public-street-et In situations where the approval publie- sidewalkk -right of wav in a manner which authority establishes different standards or that interferes with its additional standards, the standards shall be in use. — writing and shall be recorded. B. It shall be the duty of an-owner D. No person shall be found in Of responsible party to keep alb- treethe branches violation of this section of the code unless the of all trees or bushes on the premises whist -that person has been given actual or constructive Title 6 Revision AMS - 11 -22 -2011 10 notice of the standards prior to the time the violation occurred. 2C. Every responsible party who permits a property to become a graffiti nuisance 16.02.054 _ _ Attractive Nuisances property is in violation of this title and subject to _ - Comment [A37]: 6.02. From matte and its remedies. modified. A. No— ewneror responsible party shall permit on the property: jC. Graffiti Removal; Notice and Procedures - - Comment 1A391: Existing text an n7.40.125 1. unguarded machinery, I. T'-is s s et.. out deleted to let graffiti be nested as a Class tCivil Infraction equipment or other dev nuisance that vi Chapter 1.16 like any Oahu are attractive, dangerous and accessible to of Section 7.40.125, notwithstanding children; Code. Except as provided heroin, other 2. lumber, logs, building material or piling placed or stored in a manner remain-in-West, so as to be attractive, dangerous and accessible to children; 2. The owner or occupant 3. an open pit, query, _ cistern or other excavation without safeguards or . barriers to prevent such places from being used by children; or 3. Whenever the Manager 4. an exposed foundation . or portion of foundation, any residue, debris or other building or structural remains, for more than thirty days after the destruction, demolition remove femove-the-gfaffiti, or removal of any building or portion of the building. 4. The notice shall be B. This section shall not apply to authorized construction projects with reasonable :. '.: ' •- - : = :. _ : . _ : • • . : safeguards to prevent injury or death to childrenet -play. 16.02.054 Graffiti _ - { Comment [A38]: 6.02.060 From 7 40.125 B. wee - Proper 4 .. .: .. .. A. Placing graffiti that is visible from premises oven to the public, such as public rights of way or other publicly owned property, remove the graffiti. For purposes of this and that has been placed upon any real or • • " • • " personal property, such as buildings, fences and structures, without authorization from the owner or responsible party is a violation of this title and is subject to its remedies. ciretivtstance. 6. If the graffiti is not removed -1•B. Any property location in the City of Tigard that becomes a graffiti nuisance property is in violation of this title and is subject to its remedies. Title 6 Revision AMS - 11 -22 -2011 11 Municipal ourt 6.02.130 Fences and Walls --f Comment LA44 1: - 6.02.130 New text, m6gs 18:745.050 C lErection of a fence or wall shall -be erected except as in compliance with Section 18.745.050.0 is declared to be a public nuisance in violation of this title. • s 16.02.140L Accessory Structures _ - Comment 1A451: New text, refits to 8. The City Manager may 18510060 Constructing, placing or maintaining an section. (Ord. 07 03) accessory structure in violation of the provisions of Section 18.510.060 is declared to be a public 6,02,074 Livestock/Poultry nuisance in violation of this title. Comment 1 A401 s 6.02070 From Table 18,5101 Footnote. 16,02: Insects and Rodents _ - -[ Comment 1A46 502150 From 18325030Y e , andmodified. ;� -��No poultry or livestock, other than normal household pets, may be kept unless Storage of any All materials including housed or provided -- use- -of retained within a wastes - shall- be -stered or maintaining any and-all fenced run_ at least 100 feet e€from any ground in a ref- whiehmanner nearby residence except a dwelling on the same that- will -net may - attract or aid the propagation lot. of insects or rodents or create a health hazard is declared to be a public nuisance in violation of this title -. Article II. Property Development and Maintenance Requirements 16.02 160 Signs Comment LA47 4o 2160Ne wur t, t efecrw 18 780 16,02.10 Violation of Title Prohibited Constructing, placing or maintaining a _ - I Comment[MID 6.02.100 from 18.230,0211. sign in violation of the provisions of Section recting, 18.780 is declared to be a public nuisance in constructi� altering, maintaining or Musing violation of this title. any building or structure or shall l-- useusing, di%ide -- dividing or transfers any —land in �6.O21'70 Storage in Front Yards _ - comment Imo : .02"170 New ts refersto violation of this -title -Title 18 er-any-amendment thereteare declared to be a public nuisance in Storage of any boats, trailers, campers. violation of this title. camper bodies, house trailers, recreation vehicles or commercial vehicles in excess of 44 66.02:111 _ _ _ Conditions of Approval ten' /+ - ton capacity in a required front yard in a _ - Comment [A42Ia 402:110 New secasn, refers to residential zone in violation of the provisions of 18: 210.020,18. 21070,, 18390.030•C•18-39°-°4°D. Failure to maintain a property in Section 18.730.050.0 is declared to be a public 18,390050E3 compliance with a condition of approval issued nuisance in violation of this title. pursuant to the Community Development Code is declared to be a public nuisance in violation of Article III. Junk, Garbage and Putrescible this title. Waste 16.02424 Visual Clea rance 1602.211) Vehicles Not to Drop Material Conunent[A491 4.02.210 From 740050 Requirements on Streets - Comment ►;.a31 4,02.12o Nee tee,refeesto 1$„795.030 All property within the city shall be The owner or operator of any vehicle maintained in compliance with the Visual engaged in the transportation of excavation or Clearance Requirements of Section 18.795.030. construction materials shall be responsible for Title 6 Revision AMS - 11 - 22 - 2011 12 keeping the public streets and sidewalks free not confined in any container, compactor, drop from such materials, including -, but not limited box or other receptacle. to, earth, rock and other debris that may obstruct or render the street or sidewalk unsafe for its I6.02.251i _ Offensive Wastes Prohibited _ - -{ Comment (A53] :6.o22soFrom 1104110 i intended use. No person shall have waste on property 16.02.220 Open Storage of Junk that is offensive or hazardous to the health or _ _ - { Comment [A50]: 602.220 From 7.40.100 safety of others or which creates offensive odors No person or responsible party shall or a condition of unsightliness. deposit, store, maintain or keep on any real property, except in a fully enclosed storage 16.02.260 Unauthorized Deposits _ _ - -[ Comment [A54]: 6.02260 From 11.04.120 facility, building or garbage receptacle, any of Prohibited the following: No person shall, without authorization A. Akan icebox or refrigerator, or and compliance with the disposal site similar container, which seals essentially requirements of Chapter 11.04, airtight, without first removing the door; deposit waste on public property or the private property of another. Streets and other public 1 B. Iinoperable or partially places are not authorized as places to deposit dismantled automobiles, trucks, buses, trailers or waste except as specific provisions for other vehicle equipment or parts thereof in a containers have been made. state of disrepair, for more than ten days as to any one automobile, truck, bus, trailer or piece Article IV. Streets and Sidewalks of vehicular equipment; 16.02310 Streets and Sidewalks _ _ - i Comment [A55]: 6.02 :310 From 740070 C. used or dismantled household appliances, furniture, other discards or junk, for The owner or responsible party shall more than five days. keep a public street and/or sidewalk abutting their property free from earth, rock and other 16.02.230 Scattering Rubbish debris and other objects that may obstruct or Comment [Ass]: 6.02.234From 140.120 and render the street or sidewalk - unsafe - fof if modhfied No person shall deposit upon public or intended use. private property any kind of rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench or fire hazard, 16.02324 Maintenance and Repair of _ - { comment [A56]: 6.023201 1512010 i detract from the cleanliness or safety of the Public Sidewalks property or would be likely to injure a person or animal or damage a vehicle traveling upon a It is the duty of all persons owning lots wagright of way. or land which that have public sidewalks abutting the same, to maintain and keep in repair 16.02.240 Garbage and Putrescible the sidewalks and not permit them to become or _ - Comment IA52]: 6.02.24oFrom 11041001 e & Waste remain m a dangerous or unsafe condition. a "Maintenance" includes, but is not limited to, the A. All solid waste receptacles, removal of snow and ice. Any owner of a lot or 1 including, but not limited to, cans, cans, land who neglects to promptly comply with the containers and drop boxes, shall be maintained provisions of this section is fully liable to any in a safe and sanitary condition by the customer. person injured by such negligence. The city shall be exempt from all liability,jncluding, but B. All putrescible solid wastes not limited to —cen, common -law liability, shall be removed from any premises at least that it might otherwise incur to an injured party once every seven days, regardless of whether or as a result of the city's negligent failure to Title 6 Revision AMS - 11 -22 -2011 13 maintain and repair public sidewalks. (Ord. 91- meter. 12 §1, 1991: Ord. 85 -44 §3, 1985). 1. Sshall be an instrument 16.02.3301 Maintenance Sidewalks. in g operating condition, meeting the _ - - -{ Comment [AS7]: 602.330From t1 ato.mo.E ;) Curbs and Planter Strips requirements of a Type I or Type II meter; Maintenance of sidewalks, curbs and 2. Sshall contain at least planter strips is the continuing obligation of the an A- weighted scale, and both fast and slow adjacent property owner. meter response capability. 6.02.344 Encroachments fnteinto - B. If measurements are made, the _ - - { Comment [A58]: 6.02.340 From 15.16.010 1 a person making those measurements shall have PulhiePublic Rights Of Way, completed training in the use of the sound level Easements wand Public meter, and shall use measurement procedures Property consistent with that training. (Repealed and replaced by Ord. 01 -13A, Ord 90 -03 §1(part), Except as provided in subsection (b)-of 1990). this-seeded-15.16.010.1.b, it shall be unlawful for any person to erect or cause to be erected any 16.02.430 Noise Limits f Comment [A61]:6.02.430 7.40160 ) structure or to place or maintain any vegetation and/or landscaping materials in, over or upon It is unlawful for any person to produce, 1 any dedicated ueved- public right of way, or permit to be produced, sounds which: easement or public property without having first obtained a revocable permit from the city A. When measured at the boundary manager or designee authorizing such action. of or within a property on which a noise Encroachment into improved public right of way sensitive unit, not the source of the sound, is is only allowed if specifically authorized by the located, exceeds: Ccity pursuant to Chapter 15.04. 1. Forty 40 dB at any time Article V. Noise Nuisances between rifle -9 p.m. and sever - -7 am. the following day; or (6,024101 Prohibition on Excessive { Comment [A59]:6. 02.41*From.740.130 Noises 2. Fifty 50 dB at any time between s«7 a.m. and nine- 2p.m. the same A. No person shall make, day; or assist in making, permit, continue or permit the continuance of any noise within the City of B. Is plainly audible at any time Tigard in violation of this article. between nine 9 p.m. and seven -7 a.m. the following day within a noise - sensitive unit B. No person shall cause or permit which is not the source of sound; or any noise to emanate from property under that person's control in violation of this article. C. Is unnecessarily loud within a (Repealed and replaced by Ord. 01 -13A, Ord. noise - sensitive unit which -that is not the source 96-06; Ord. 90-03 §1(part), 1990). of the sound. 1 1 ) 6.02.4201 Sound Measurement: _ D When measuredat or.within the - t Comment [A601: s.o2 t.<o.i40 boundary of or within a property on which no A. While sound measurements are noise - sensitive unit is located, and the noise not required for the enforcement of this article, originates from outside the property, if the noise should measurements be made, they shall be level exceeds: made with a sound level meter. The sound level Title 6 Revision AMS - 11 -22 -2011 14 1. SiNta,60 dB at any tune between a -9 p.m. and seven -7 a.m. of the 5. the keeping of any following day; or animal or bird that creates noise in excess of the levels specified in Section 44404606.07.430; 2. Seventy- €tve75 dB at any other time. 6 the operation of air conditioning or heating units, heat pumps, E. If within a park, street or other refrigeration units (including those mounted on public place, is unnecessarily loud at a distance vehicles) and swimming pool or hot tub pumps; of 100 feet. (Repealed and replaced by Ord. 01- 13A, Ord. 90 -03 §1(part), 1990). 7. the erection (including excavation), demolition, alteration or repair of 16.02.444 Prohibited Noises any building, except as allowed under Sections _ - - comment (A621 : 6.02.440 From 7 40. 7.10.180.E and 7.10.180.F6.02.450.E and A. The use of exhaust brakes (jake 6.02.450.F; brakes), except in an emergency or except when used by a person operating an emergency 8. the use or creation of services vehicle equipped with a muffled amplified sound in any outdoor facility; compression braking system, is prohibited at all times within the Ecity, regardless of noise level. 9. any other action that creates or allows sound in excess of the level B. Except as provided in Section allowed by Section 7.10.1606.6.02.430. (Ord. 7.40.180 6.02.450, the following acts are 06 -03; Repealed and replaced by Ord. 01 -13A, violations of this chapter if they exceed the noise Ord. 96 -06; Ord. 90 -03 §1(part), 1990). limits specified in Section 7.10.1606.02.430: 16.02.450 Exceptions to Noise _ _ _ _ - f Comment [A63]: 6 02 450 From 7 40.180 1. the sounding of any Limits hom or signal device er any other device on any automobile, motorcycle, truck, bus or other The following shall not be considered vehicle while in motion, except as a danger violations of this article, even if the sound limit 1 signal; specified in Section 7:40.1606.02.430 is exceeded: 2. the operation of sound - producing devices such as, but not limited to, A. non - amplified sounds created by musical instruments, loudspeakers, amplifying organized athletic or other group activities, when devices, public address systems, radios, tape such activities are conducted on property recorders and/or tape players, compact disc generally used for such purposes, such as players, phonographs, television sets and stereo stadiums, parks, schools and athletic fields, systems, including those installed in or on during normal hours for such events; vehicles; B. sounds caused by emergency 3. the operation of any work, or by the ordinary and accepted use of gong or siren upon any vehicle, other than emergency equipment, vehicles and apparatus, police, fire or other emergency vehicle, except regardless of whether such work is performed by during sanctioned parades; a public or private agency, or upon public or private property; 4. the use of any automobile, motorcycle or other vehicle so out C. sounds caused by bona fide use of repair or in such a manner as to create loud or of emergency warning devices and alarm unnecessary sounds, grating, grinding, rattling or systems; other noise; Title 6 Revision AMS - 11 -22 -2011 15 D. sounds regulated by federal law, Friday and Saturday during the weekend closest including, but not limited to, sounds caused by to the Fourth of July of each year, between the railroads or aircraft; hours of sevee7 a.m. and eleven' 1 p.m.; E. sounds caused by demolition L. sounds made between midnight activities when performed under a permit issued and 12:30 a.m. on January 1 of each year; by appropriate governmental authorities and only between the hours of seven7 a.m. and M. Sounds originating from sever►7 p.m. seven days a week; construction projects for public facilities within rights of way pursuant to a noise mitigation plan F. sounds caused by industrial, approved by the city manager. The city manager agricultural or construction activities during the may approve a noise mitigation plan only if the hours of seven7 a.m_ to seven7 p.m. seven days Ccity Mmanager determines that the noise a week; mitigation plan will prevent unreasonable noise impacts. The noise mitigation plan must: G. sounds caused by regular vehicular traffic upon premises open to the 1. map the project noise public in compliance with state law. Regular impacts and explain how the impacts will be vehicle traffic does not include a single vehicle mitigated; that creates noise in excess of the standard set forth in Section 7.10. 1606.02.430; 2. provide special consideration and mitigation efforts for noise H. sounds caused by air -, sensitive units; electrical- or gas - driven domestic tools, including, but not limited to, lawn mowers, lawn 3. outline public edgers, radial arm, circular and table saws, drills notification plans; and/or other similar lawn or construction tools, but not including tools used for vehicle repair, 4. provide a 24 -hour during the hours of seven7 a.m. to seven7 p.m. telephone contact number for information and seven days a week; complaints about a project. I. sounds caused by chainsaws, The Gcity Mmanager may when used for pruning, trimming or cutting of approve a noise mitigation plan only if the Ccity live trees between the hours of seve& a.m. and Mmanager determines that the noise mitigation severm7 p.m., and not exceeding two hours in any plan will prevent unreasonable noise impacts. twenty feor24 hour period seven days a week; (Ord. 05 -14; repealed and replaced by Ord. 01- 13A, Ord 90 -03 §1(part), 1990). J. sounds created by community events, such as parades, public fireworks 6.02:460 Maximum Noise Limit for _ _ - -{ Comment (A641: From 7.40190 displays, street fairs and festivals that the city Certain Activities manager or designee has determined in writing to be community events for the purposes of this Notwithstanding Section section. The 6city Mmanager's decision shall 7.10.1806.02.450, the creation of noise by any be based on the anticipated number of activity subject to the exceptions listed in participants or spectators, the location of the Sections— subsections 7.10.180.E, 7.10.180.F, event and other factors the Ccity Mmanager 7.10.180.H, or 7.40.180.I6.02.450.E, 6.02.450.F, determines to be appropriate under the 6.02.450.H, or 6.02.450.1, in excess of 85 dB circumstances. measured on property on which a noise sensitive use is located, for more than 8-five minutes in K. sounds made by legal fireworks any calendar day shall be a violation. (Repealed on the third of July, Fourth of July, and the and replaced by Ord. 01 -13A, Ord. 99 -29; Ord. Title 6 Revision AMS - 11 -22 -2011 16 1 96 -06; Ord. 90 -03 §1(part), 1990). A. The Gcity will maintain all standard service connections in good repair 16.02.474 Evidence of Noise Violation without expense to the customers. Comment WS]: 6.02.470 From 7.40.200 A. In any civil infraction 4B. Each customer is required to use action based on a violation of the limits set forth reasonable care and diligence to protect the in &subsections 7.40.160.B, 7.40.160.0 or water meter and meter box from loss or damage 7.10.160E 6.02.430.13, 6.02.430.0 or by freezing, hot water, traffic hazards and other 6.02.430.E, the evidence of at least two persons causes, in default of which, such customer shall from different households shall be required to pay to the city the full amount of the resulting establish a violation. Any Police or Erode damage. &enforcement officer or other city employee who witnessed the violation shall be counted as C. Each customer is a witness for purposes of the two witness required to maintain a vegetation_ and other requirement. obstruction_ free zone of a minimum of two feet around the box. Clear access to the meter shall A:B. The Ecity may ask an alleged be from the street side in a direct path to the violator to enter into a voluntary compliance water meter. agreement consistent with Section 1.16.115 based on a single complaint or single witness. D. Failure to maintain the area will (Repealed and replaced by Ord. 01 -13A, Ord. result in Gcity personnel clearing the area to 99 -29; Ord. 96 -06; Ord. 90 -03 §1(part), 1990). meet the city's meter reading and maintenance needs. The customer will be charged any related expenses of the city in clearing the area. Article VI. Water Service and Meters WE. The Ecity shall have no liability 16.02519 Service Connection and , - -{ Comment [A66]: 6.02310Front 12.10.160 Maintenance for 4rimming-0r ma vegetation- in- order to read meters. Chapter 6.03 PROPERTY IN THE RIGHT OF WAY 6.03.010 Signs in the Right of Way 6.03.020 Abandoned Personal Property in the Right of Way 6.03.030 City Authority to Remove 6.03.040 Notice Requirements 6.03.050 Exemption from Notice Requirements 6.03.060 Reclamation of Confiscated Personal Property and Signs 6.03.070 Disposal of Personal Property, Signs and Junk 6.03.080 Appeal of Confiscation 6.03.090 Exemption for Criminal Investigation 16.03.0191 Signs hi the Right of Way separate provision of any title of the Tigard _ _ - -E Continent CA67]: 6,03.010 F n 7.61.015 Municipal Code or Oregon Revised Statutes is A. It shall be unlawfi•' c r an declared to be a public nuisance in violation of person -to- place- aPlacement of a sign in the right this title. of way, unless the placement is authorized by a Title 6 Revision AMS - 11 -22 -2011 17 B. The owner() o responsible party for a sign in violation of this chapter shall 2. If the identity and be responsible for any and all costs associated mailing address of the owner of personal with disposition of the sign. property or signs is not known, the Gcity manager shall arrange for the public notice of 16.01024 Abandoned Personal Property the confiscation to be provided within 30 days _ - - -{ Comment /AU]: 6.03.020 From 7.61.420 and ' i in the Right of Way following the confiscation, either by publication f meddle& in a newspaper of general circulation in the A. It—shall—be—iminyoful—fer—any Ccity or by publication on the Gcity website, with a clearly marked link from the Ccity's right- of•way- Abandoned personal property in homepage. the right of way is declared to be a public • nuisance in violation of this title. Perserial CB. A notice under subsection A : :: - • , ....... : :. • : ' :.: : shall include: 1. a statement that the B. The owners) -ef e- responsible personal property or sign was in violation of party for the abandoned personal property in Chapter 7764-6.03 of the Tigard Municipal Code; shall be responsible for any and all costs associated with the disposition 2. a description of of the abandoned personal property. the personal property or sign and the date, time and location from which the item was 16.03.03k City Authority to Remove — - - confiscatedY = Comment [A69]: 6.03.430 From 7.61.025 A and modified. 3. a copy of Section The Ccity Manager may confiscate 7.61.0256.03.030 notifying the owner of the any sign in violation of Section process and fees required to retrieve the 7.61.0156.03.010 and any abandoned personal confiscated personal property or sign from the property in violation of Section C 7.61.0206.03.020 without prior notice. The -Gitl 4. the date after which disposal of the personal property or signs shall occur. reeefded- DC. A notice by publication under subsection BA may contain multiple listings of 16.03.044 - - Notice Requirements - _ confiscatedsigns. - _ - -. - - - { Comment [A70): From 7.61.025.8, c, D. J $A. Subject to exemption by Section 16.03.0501 Exemption From Notice - _ - - Comment tA71] : 6.03.050 From 7.61430 :: 7.61.0306.03.050. the owner of personal Requirements property or signs confiscated under Section 6.03.030 shall be notified of the violation and A. The City Manager may exempt confiscation by the city manager or designee.: certain signs from the notice requirements of 6.03.040. • :. - :: ' • :.: : :. - - :: ' .. ' - . - 1. If the identity and mailing address of the owner of personal property or signs confiscated under subsection A 1. determines types of Section 6.03.030 is known, the Ccity Manager eigns that aro unlikely to be roclaimed if shall notify the owner of the item by certified seseatedd mail or personal service no later than 30 days following the date of the confiscation. Title 6 Revision AMS - 11 -22 -2011 18 2. exempts from the notice types of signs unlikely to be reclaimed if :. .. 6Anfizcated "• _ the -fe cowing B. In determining the types of _ - 1. Tthe place for an owner senditi^° gn, 2. Aa fee schedule for B. Signs that are exempt +ender -the _ • - .. _ _ . • • . .. • . • - • Afrom notice requirements: a. Pprovisions allowing the Ccity 1. Sshall be stored for a to recover all costs associated with the minimum of 14 days after the date of _rncoted , nd confiscation; b. 2. Sshall be available Aassignmont of an appropriate during the storage period for reclamation by the owner after payment f in full of all costs associated with the 6.03.070 Disposal of Personal Property, , . - l Comment [A74]: 6.03.070 From 7.61.040 'l disposition of the sign; Signs and Junk 3. May be disposed of A. The Ccity Mmanager may after the storage period without further immediately dispose of any junk found in the notification. right of way. Disposing of junk under this subsection is not subject to the notice and .0106 Reclamation of Confiscated reclamation provisions of 7,61.0256.03.0 _ _ - -{ Comment CSI: 6,03.060Frue 761.035 Personal Property and Signs through 7.61.0356.03.060. A. The Ccity Mmanager shall B. The Ccity Mmanager may order establish a location for the storage of confiscated the destruction or other disposal of any personal personal property and signs. The location property coming into the C-city's possession should be reasonably secure and accessible to whisli—that is determined by the city to be Ccity staff so that personal property and signs dangerous or perishable. Weapons shall be can be reclaimed. destroyed in accordance with ORS 166.280. Such disposal under this subsection is not B. Confiscated personal property subject to the notice and reclamation provisions and signs shall be stored for no less than 30 days of 7.61.0256.03.040 through 7.61.0356.03.060. following the provision of notice under Sections 7.61.025 or 7.61.0306.03.040 and 6.03.050 -. C. At the sole discretion of the Ccity Mmanager and without provision of The city manager is authorized notice, the 6city may donate, dispose of sell, _ _ - - comment tams mog reclamation text to impose and collect an appropriate recycle or repurpose any personal property or replaced with ' verule 06.0.060•C- 01-01. New text of administrative fee for a violation of this chapter sign not reclaimed before expiration of the authorizes `"lle`x"f"` consistent with subsection 1.16.640A.2 and to storage period. additionally recover all costs associated with the confiscated item. D. In lieu of the disposal of confiscated personal property under this section, Title 6 Revision AMS - 11 -22 -2011 19 at any time the Gcity is authorized to sell or 1. Upon receipt of a auction the confiscated personal property or proper request for a hearing, the Gcity shall set a sign, the Gcity may convert the personal time for a hearing within 30 days of the receipt property or sign to public use by entering it on of the request and shall provide notice of the the Gcity's fixed asset inventory. hearing to the owners of the confiscated personal property or sign. 1. Notice of the transfer of the personal property or sign to the Gcity shall 2. Hearings held under this be given once by publication in a newspaper of section may be informal in nature, but shall general circulation in the Gcity or by publication afford a reasonable opportunity for the person on the Gcity website at least 30 days before the requesting the hearing to demonstrate by the personal property or sign is converted to Gcity statements of witnesses and other evidence, that use. The notice shall describe the property and the confiscation of the personal property or sign state that the described personal property or sign was invalid, or for any other reason not justified. shall be converted to Gcity use if the personal property or sign is not reclaimed within 30 days. 3. The 14hearings 9offtcer may be an officer, official or employee of the 2. If the personal property Gcity, but may not have participated in any or sign is not reclaimed within 30 days after determination or investigation related to the publication of the notice described in subsection confiscation of the personal property or sign. (D)(1) D_1 of this section, the personal property The Gcity Mmanager may promulgate rules for or sign shall be entered on the Gcity's fixed asset conducting hearings. inventory and shall not be subject to the right of redemption. 4. The owner requesting a hearing may be represented by legal counsel; .03 084 Appeal of Confiscation however, legal counsel shall not be provided at _ _ - -( Comment (A75]: 6.03. From 7 61. 045 public expense. Written notice of representation A. The owner of the confiscated by legal counsel shall be provided to the Ecity personal property or sign may request a hearing with the written request for a hearing. to contest the validity of the confiscation by submitting a written request for hearing with the 5. The Gcity is only Gcity not more than five S days from the required to provide one (-14- hearing each time it mailing date of the notice or publishing of public confiscates personal property or a sign. notice. 6. Appeal of simultaneous B. The request shall state the confiscation of multiple items of personal reason(s) why the owner believes that the property or signs of the same owner may be confiscation was invalid and include payment in consolidated into a single appeal hearing. full for the cost of the hearing. 1 7. If the Gcity finds after a C. The Gcity shall not consider hearing that the confiscation of the personal requests for hearings whieh-that do not meet the property or sign was invalid: requirements of subsections A and B. a. The Gcity shall D. The Gcity M anager or order the immediate release of the personal designee may establish a fee for the cost of property or sign to the owner of the item(s), if 1 conducting a hearing. still in possession of the Gcity, and/or; E. A hearing shall comply with all b. Refund to the of the following: owner any payment of costs associated with the removal, storage, detention and maintenance of Title 6 Revision AMS - 11 -22 -2011 20 the personal property or sign that has been 9. A person failing to reclaimed. appear at a hearing is not entitled to another hearing or any refund of costs unless the person c. The owner shall provides the Ecity satisfactory proof for the not receive a refund for the cost of the hearing, person's failure to appear. and shall be liable for storage charges incurred more than twenty-four hours after the time the 10. The Ecity shall provide personal property or sign is officially ordered a written statement of the results of the hearing released to the person. to the person requesting the hearing. 8. If the Ecity finds after a 11. The determination of hearing that the confiscation of the personal the #hearings 8officer at a hearing is fmal and property or sign was valid, the Ccity shall order not subject to appeal. the personal property or sign be held until the costs of the hearing and all monies incurred or 16:03.098 Exemption for Criminal f Comment [A76]: 6.03.090 From 7.61.050 charges associated with the cost of the removal, Investigation storage, detention, maintenance and disposition of the confiscated personal property or sign are A vehicle that is being held as part of paid. any criminal investigation is not subject to any requirements of this- ehapter Chapter 6.03. Title 6 Revision AMS - 11 -22 -2011 Proposed Title 6 Revision Reference Table New Title 6 New Title in Proposed Title 6 'Current TMC Current TMC Title Explanation of Revision New Number Number pg # 6.01 GENERAL PROVISIONS 6.01,010 Short Title 7.40.010 Same Title Moved existing text P. 3 6.01.020 Definitions • 1.16.030.6 Same Title Consolidation of multiple definitions p. 3 • 7.40.020 from various locations. Centralizes • 7.40.040 definitions for ease of use • 7.40.050 • 7.40.125 • 7.40.130 • 7.40.150 • 7.61.010 • 18.780.015.A.48 6.01.030 Nuisances Designated - Class 1 7.40.030 Same Title Moved existing text p. 6 Infraction 6.01.040 Penalty for Violation of This Chapter 7.40.210 Penalty for Chapter Violations Moved existing text P. 5 6.01.050 Administrative Rules - - New Section p. 6 6.01.060 Enforcement — Minimum Requirements 7.61.055 Same Title Moved existing text p. 6 6.02 - NUISANCES AFFECTING PUBLIC HEALTH, SAFETY AND PEACE Article I. General Nuisances 6.02.010 Common Nuisances 7.40.040 Nuisances Affecting The Public Moved and modified existing text p. 8 Health 6.02.020 Noxious Vegetation 7.40.050 Same Title Moved and modified existing text p. 8 6.02.030 Trees & Bushes 7.40.060 Trees Moved and modified existing text p. 8 6.02.040 Greenway Maintenance 7.40.090 Same Title Moved and modified existing text p. 9 6.02.050 Attractive Nuisances 7.40.110 Same Title Moved and modified existing text P. 9 6.02.060 Graffiti 7.40.125.B Same Title Moved and modified existing text P. 9 6.02.070 Livestock /Poultry 18.510.030, Residential Zoning Districts - Uses Copied and modified existing text p. 10 Subnote 6 Article II. Property Development and Maintenance Requirements Page 1 Current as of 11 -22 -11 New Title 6 New Tide in Proposed Title 6 Current TMC Current TMC Title Explanation of Revision New Number Number pg # 6.02.100 Violation of Title Prohibited 7.40.210 Same Title Copied and modified existing text p. 10 6.02.110 Conditions of Approval - - New Section p. 10 6.02.120 Visual Clearance Requirements 18.795.030 Same Title Cross reference existing text p. 10 6.02.130 Fences and Walls 18.745.050.0 Same Title Cross reference existing text p. 10 6.02.140 Accessory Structures 18.510.060 Same Title Cross reference existing text p. 10 6.02.150 Insects and Rodents 18.725.030.F Same Title Copied and modified existing text p. 10 6.02.160 Signs 18.780 Same Title Cross reference existing text p. 10 6.02.170 Storage in Front Yards 18.730.050.0 Same Title Cross reference existing text p. 10 Article III. Junk, Garbage and Putrescible Waste 6.02.210 Vehicles Not to Drop Material on 7.40.080 Same Title Moved existing text p. 10 Streets 6.02.220 Open Storage of Junk 7.40.100 Same Title Moved existing text p. 10 6.02.230 Scattering Rubbish 7.40.120 Same Title Moved and modified existing text p. 11 6.02.240 Garbage and Putrescible Waste 11.04.100.1.e and f Container Requirements and Copied and modified existing text p. 11 Collection Limitations 6.02.250 Offensive Wastes Prohibited 11.04.110 Same Title Copied existing text p. 11 6.02.260 Unauthorized Deposits Prohibited 11.04.120 Same Title Copied existing text p. 11 Article IV. Streets and Sidewalks 6.02.310 Streets and Sidewalks 7.40.070 Same Title Moved existing text p. 11 6.02.320 Maintenance /Repair of Public Sidewalks 15.12.010 Same Title Copied existing text p. 11 6.02.330 Sidewalks, Curbs and Planter Strips 18.810.070.E Maintenance - Sidewalks Copied existing text p. 11 6.02.340 Encroachment Into Public Rights Of 15.16.010.1.a Encroachments Within Unimproved Copied existing text p. 11 Way, Easements And Public Property Public Rights Of Way, Easements And Public Property Article V. Noise Nuisances 6.02.410 Prohibition on Excessive Noise 7.40.130 Same Title Moved existing text p. 12 6.02.420 Sound Measurement 7.40.140 Same Title Moved existing text p. 12 6.02.430 Noise Limits 7.40.160 Same Title Moved existing text p. 12 6.02.440 Prohibited Noises 7.40.170 Same Title Moved existing text p. 12 6.02.450 Exceptions to Noise Limits 7.40.180 Exceptions Moved existing text p. 13 Page 2 Current as of 11 -22 -11 New Title 6 New Tide in Proposed Title 6 Current TMC Current TMC Title Explanation of Revision New Number Number pg # 6.02.460 Maximum Noise Limits for Certain 7.40.190 Same Title Moved existing text p. 14 Activities 6.02.470 Evidence of Noise Violation 7.40.200 Evidence Moved existing text p. 14 Article VI. Water Service and Meters 6.02.510 'Service Connection and Maintenance 112.10.160 (Same Title (Copied existing text 1p. 14 Chapter 6.03 - PROPERTY IN THE RIGHT OP WAY 6.03.010 Signs in the Right of Way 7.61.015 Same Title Moved existing text p. 15 6.03.020 Abandoned Personal Property in the 7.61.020 Same Title Moved and modified existing text p. 15 Right of Way 6.03.030 City Authority to Remove 7.61.025..A City Authority to Remove - Notice Moved and modified existing text p. 15 Requirements 6.03.040 Notice Requirements 7.61.025.B, C, D City Authority to Remove - Notice Moved existing text p. 15 Requirements 6.03.050 Exemption from Notice Requirements 7.61.030 Same Title Moved existing text p. 16 6.03.060 Reclamation of Confiscated Personal 7.61.035 Same Title Moved existing text p. 16 Property and Signs 6.03.070 Disposal of Personal Property, Signs and 7.61.040 Same Title Moved and modified existing text p. 16 Junk 6.03.080 Appeal of Confiscation 7.61.045 Same Title Moved and modified existing text p. 17 6.03.090 Exemption for Criminal Investigation 7.61.050 Same Title Moved existing text p. 18 Page 3 Current as of 11-22-11 Title: Confiscation of Personal Property or Signs in the Right of Way TIGARD Administrative Rule No. 06.01.050.A.2 - 01 - 01 TMC # Rule # Version # Effective Date: TBD — Example Administrative Rule 1. Description Section 6.01.050.A.2 authorizes the city manager to create an administrative rule to describe and establish that the time and location of a confiscation and a description of the physical characteristics of confiscated personal property or signs are recorded. The following administrative rules will be followed by staff in effecting such confiscation. 2. Sections A. When personal property or signs are found to be in the right of way in violation of Sections 6.03.010 or 6.03.020 and a decision is made to confiscate the personal property or sign, staff will: (1) document the physical characteristics of the, personal property or sign by written description or photograph, or both, and (2) document the address of the parcel abutting the right of way at the location of the personal property or sign and its specific location within the right of way by written description, photograph, or GIS notation, and (3) associate those documentations with the physical item by code number or other means to facilitate notification and possible reclamation. B. The documentation will be maintained in a file accessible to staff at the Planning Counter in the Permit Center and used as a basis for: (1) notification of the owner of the personal property or signs, per Section 6.03.040 of the violation and the confiscation, and (2) identification and location of the subject personal property or signs should the owner seek to reclaim them pursuant to administrative rule No. 06.03.060.C. Approved by: Martha Wine, City Manager Date Administrative Rule No. 06.01.050.A.2 - - Effective Date: Page 1 Name: Date Title: Administrative Rule No. 06.01.050.A.2 -01 -01 Effective Date: Page 2 11 N Title: Reclamation of Confiscated Personal m Property or Signs TIGARD Administrative Rule No. 06.01.050.A.3 - 01 - 01 TMC # Rule # Version # Effective Date: TBD — Example Administrative Rule 1. Description Section 6.01.050.A.3 authorizes the city manager to establish a procedure by which owners of confiscated personal property and signs can reclaim confiscated items. The following administrative rules shall be followed by staff in facilitating such reclamation. 2. Sections A. An owner of confiscated personal property or signs seeking to reclaim same shall make application for reclamation at the Planning Counter in the Permit Center during normal hours of operation. The owner shall fill out and sign a Reclamation Request Form that includes an acknowledgement that the subject personal property or sign had been in violation of Tigard Municipal Code (TMC) Section 6.03.010 or 6.03.020 and a declaration that it will not again be placed in violation. B. Upon submitting the completed Reclamation Request Form the owner shall pay a fee for the reclamation composed of two parts: (1) ` an amount representing the city's cost in abating the violation and confiscating and storing the personal property or sign. This amount will be a minimum of $50.00 for personal property or signs easily picked up by one person without tools or a higher amount specifically calculated when more than one person or specialized tools are equipment are required. (2) an administrative fee calculated in accordance with TMC Section 1.16.640.A.2 and administrative rule No. 1.16.640.A.2- 01 -01. C. Upon submission of the completed Reclamation Request Form and payment of the appropriate fees staff will escort the owner to the location where the personal property or signs have been kept and will allow the owner to remove them. Approved by: Martha Wine, City Manager Date Administrative Rule No. 06.01.050.A.3 - - Effective Date: Page 1 Name: Date Title: Administrative Rule No. 06.01.050.A.3 -01 -01 I-;ffective Date: Page 2 TIGARD MUNICIPAL CODE Chapter 2.52 ABANDONED, FOUND, SEIZED AND STOLEN PROPERTY. Sections: 2.52.010 Custody Of Property. 2.52.020 Surrender To True Owner. 2.52.030 Sale Of Property. 2.52.040 Use Of Property By City. 2.52.050 Dangerous Or Perishable Property. 2.52.060 Scope. 2.52.010 Custody Of Property. Whenever any personal property other than a motor vehicle, personal property, or signs removed from the right -of -way pursuant to Chapter 6.03 7.61, is taken into the custody of any department of the City by reason of its having been abandoned, found, seized, or for any other reason, the personal property shall be turned over to and held by the police department at the expense and risk of the owner or person lawfully entitled to possession of it. (Ord. 10 -06 § 2, 2010; Ord. 81 -37 §1, 1981). (2.52.020 through 2.52.050 no change) 2.52.060 Scope. This chapter shall apply to all personal property, except motor vehicles, personal property, or signs removed from the right -of -way pursuant to Chapter 6.03 7.61, now or hereafter in the custody of the City of Tigard. (Ord. 10 -06 § 2, • 2010; Ord. 81 -37 §6, 1981).• TIGARD MUNICIPAL CODE exclude from City property, any person who, while on that City property violates any law regarding controlled substances, or engages in Chapter 7.58 RULES OF CONDUCT ON conduct that: CITY PROPERTY Sections: a. Is classified as a felony, misdemeanor, or violation under the 7.58.010 General Purposes of Chapter following Chapters of the Oregon Revised 7.58.020 Definitions Statutes, or is an attempt, solicitation or 7.58.030 Penalty for Violation conspiracy to commit any such felony or 7.58.040 Prohibited Acts Generally misdemeanor defined in ORS: 7.58.050 Consistency with State Criminal Law i. Chapter 162 — Offenses 7.58.060 Authority of the City Against the State and Public Justice; Manager 7.58.070 Public Works Director to ii. Chapter 163 — Offenses make Rules and Regulations Against Person(s); 7.58.080 Rules of Conduct on City Property iii. Chapter 164 — Offenses 7.58.090 Enforcement and Exclusion Against Property to include Offensive from City Property Littering; 7.58.100 Right to Appeal 7.58.110 Variances iv. Chapter 165 — Offenses Involving Fraud or Deception; (7.58.010 through 7.58.080 - no change) v. Chapter 166 — Offenses Against Public Order; Firearms and Other Weapons; Racketeering; 7.58.090 Enforcement and Exclusion vi. Chapter 167 — Offenses from City Property Against Public Health, Decency and Animals; Persons who violate any of the Rules vii. Chapter 475 — Controlled of Conduct on any City property may be Substances; Illegal Drug Cleanup; immediately ejected from the premises and Paraphernalia; Precursors; or excluded from City property for a period of thirty (30) to one hundred eighty (180) days. b. Otherwise involves a controlled substance; or (1) In addition to other measures provided for violation of this Chapter, or any c. Has resulted in injury to any of the laws of the State of Oregon, police person or damage to any property; or officers and authorized employees may TIGARD MUNICIPAL CODE exercising free speech rights or any other d. Constitutes a violation of any rights protected by the state or federal of the following provisions of the Tigard constitutions. However, a person engaged in Municipal Code: such protected activity who commits acts that are not protected, but which violate applicable i. TMC Chapter 7.20 — provisions or law, may be subject to Offenses Against Persons; exclusion. ii. TMC Chapter 7.24 — (2) An exclusion issued under this Offenses Against Property; Chapter shall be for thirty (30) days. If the person to be excluded has been excluded from iii. TMC Chapter 7.28 — City property at any time within one year Obstructing Law Enforcement; before the date of the present exclusion, the exclusion shall be for ninety (90) days. If the iv. TMC Chapter 7.32 — person to be excluded has previously been Offenses Against Public Order; excluded from City property on two or more occasions within one year before the date on v. TMC Chapter 7.36 - the present exclusion, the exclusion shall be Minors; for one hundred eighty (180) days. vi. TMC Chapter 7.38 - Truancy; (3) If the person's behavior does not rise to the level of behavior described in vii. TMC Chapter Title 6 section 1 (a) -(d) above, but is causing either a 7-40 Nuisance Violations; significant and immediate threat to public health and safety, or a serious disturbance that viii. TMC Chapter 7.52 — is preventing other people from enjoying the Public Property Use; City property, the person may be excluded from that City property for a period of twenty ix. TMC Chapter 7.56 — four (24) hours only. If a person receives two Indecent Conduct; twenty four (24) hour exclusions under this section and then commits additional x. TMC Chapter 7.70 — violations, any further exclusion the person Second Hand Dealers and Transient receives under this section may be for a Merchants; period of at least thirty (30) days. xi. TMC Chapter 7.80 — (4) No person shall enter or remain Camping Prohibited in Certain Places; in any City property at any time during which there is in effect a notice of exclusion issued e. Nothing in the City of Tigard under this Chapter excluding that person from Municipal Code shall be construed to all City properties. A person who knowingly authorize the exclusion of any person lawfully violates an order of exclusion from City TIGARD MUNICIPAL CODE property commits the crime of Criminal information on the hearings and appeal Trespass in the second degree (ORS 164.245). process shall be included with the notice. (5) Before issuing an exclusion (7.58.100 through 7.58.110 - no change) under this Chapter, a police officer or authorized employee shall first give the person a warning and reasonable opportunity to desist from the violation. An exclusion shall not be issued if the person promptly complies with the warning and desists from the violation. Notwithstanding the provisions of this subsection, no warning shall be required if the person is to be excluded for committing any act: a. punishable as a misdemeanor or felony, b. involving controlled substances, c. which resulted in an injury to any person, d. which resulted in damage to any property, or e. City of Tigard Chapter violation (6) Written notice shall be given to any person excluded from any City property under this Chapter. The notice shall specify the date, length and place of the exclusion; shall identify the provision of law the person has violated and contain a brief description of the offending conduct. It shall be signed by the issuing police officer or authorized employee. Warnings of consequences for failure to comply shall be prominently displayed on the notice. All relevant TIGARD MUNICIPAL CODE TIGARD MUNICIPAL CODE Chapter 7.80 CAMPING PROHIBITED IN CERTAIN PLACES. Sections: 7.80.010 Definitions. 7.80.020 Camping Prohibited In Certain Places. 7.80.030 Scheduling And Notice Of Campsite Cleanup. 7.80.040 Removal, Storage And Retrieval Of Personal Property. 7.80.050 Camping In Railroad Right Of Way. 7.80.060 Violation. 7.80.070 Nonexclusive Remedy. (7.80.010 through 7.80.050 — no change) 7.80.060 Violation. Violation of this chapter is a nuisance affecting public health as described in section 6.01.050.0 7.40.030(b) of this code. Such violation is a Class 1 civil infraction and may be processed under chapter 1.16, Civil Infractions. (Ord. 94 -20) (7.80.070 - no change) TIGARD MUNICIPAL CODE TIGARD MUNICIPAL CODE Chapter 15.16 ENCROACHMENT PERMITS. Sections: 15.16.010 Encroachments Within Unimproved Public Rights Of Way, Easements And Public Property. 15.16.020 Exemptions. 15.16.030 Permit Issuance. 15.16.040 Appeals. 15.16.060 Recording Of Permits. 15.16.070 Revocation Of Permits. 15.16.080 Removal Of Encroachment. 15.16.090 Liability. 15.16.100 Enforcement. (15.16.010 through 15.16.090 - no change) 15.16.100 Enforcement. 1. Installation or maintenance of an encroachment in violation of TMC 15.16.010, or failure to obtain an encroachment permit as required by TMC 15.16.010, or to comply with the terms and conditions of an encroachment permit issued thereunder is hereby declared a civil infraction subject to enforcement pursuant to TMC Chapter 1.16. 2. Installation or maintenance of an encroachment in violation of TMC 15.16.010, or an encroachment permit issued pursuant to TMC 15.16.010 is hereby declared to be a public nuisance as defined by TMC Section 6.01.050 Chapter 740, which may be abated pursuant to TMC Chapter 1.16. (Ord. 99 -31) • Chapter 18.725 ENVIRONMENTAL PERFORMANCE STANDARDS Sections: 18.725.010 Purpose 18.725.020 General Provisions 18.725.030 Performance Standards 18.725.030 Performance Standards A. Noise. For the purposes of noise regulation, the provisions of Sections 7.40.130 through 7.10.210 6.02.410 through 6.02.470 of the Tigard Municipal Code shall apply. B. Visible emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340 -21 -015 and 340 -28 -070) apply. C. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. D. Odors. The emission of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340- 028 -090) apply. E. Glare and heat. No direct or sky- reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1. There shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2. These regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. F. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard.. Impact in Title 7* *x111 of 7.40 and 7.61 removed from TMC and incorporated into proposed Title 6 Current TMC Current TMC Tide in 7.40 New Title 6 New Title in Proposed Title 6 Explanation of Revision New Number Number pg # ARTICLE 1. 7.40.010 Short Title 6.01.010 Short Title Moved existing text 3 7.40.020 Deftnitions 6.01.020 Definitions Moved & modified existing text 3 7.40.030 Nuisances Designated - Class 1 Infractions 6.01.050 Nuisances Designated - Class 1 Infractions Moved existing text 6 ARTICLE II. 7.40.040 Nuisances Affecting The Public Health 6.02.010 Common Nuisances Moved & modified existing text 8 ARTICLE III. 7.40.050 Noxious Vegetation 6.02.020 Noxious Vegetation Moved & modified existing text 8 7.40.060 Trees 6.02.030 Trees & Bushes Moved & modified existing text 8 7.40.070 Streets and Sidewalks 6.02.310 Streets and Sidewalks Moved existing text 11 7.40.080 Vehicles Not to Drop Material on Streets 6.02210 Vehicles Not to Drop Material on Streets Moved existing text 10 7.40.090 Cirecnway Maintenance 6.02.040 Greenway Maintenance Moved and modified existing text 9 7.40.100 Open Storage of Junk 6.02.220 Open Storage of Junk Moved existing text 10 7.40.110 Attractive Nuisances 6.02.050 Attractive Nuisances Moved & modified existing text 9 7.40.120 Scattering Rubbish 6.02.230 Scattering Rubbish Moved & modified existing text 11 7.40.125.B Graffiti 6.02060 Graffiti Moved & modified existing text 9 ARTICLE IV. 7.40.130 Prohibition on Excessive Noise 6.02.410 Prohibition on Excessive Noise Moved existing text 12 7.40.140 Sound Measurernent 6.02.420 Sound Measurement Moved existing text 12 7.40.150 Definitions 6.01.020 Definitions Moved and modified existing text 3 7.40.160 Noise Limits 6.02.430 Noise Limits Moved existing text 12 7.40.170 Prohibited Noises 6.02.440 Prohibited Noises Moved existing text 12 7.40.180 Exceptions 6.02.450 Exceptions to Noise Limits Moved existing text 13 7.40.190 Maximum Noise Limits for Certain Activities 6.02.460 Maximum Noise Limits for Certain Activities Moved existing text 14 7.40.200 Evidence 6.02470 Evidence of Noise Violation Moved existing text 14 ARTICLE V. 7.40.210 Penalty for Chapter Violations 6.01.040 Penalty for Violation of This Title Moved existing text 10 Current TMC Current TMC Tide in 7.61 New Title 6 New Title in Proposed Title 6 Explanation of Impact New Number Number pg # 7.61.010.2 Definitions 6.01.020 Definitions Moved & modified existing text 3 7.61.015 Signs in the Right of Way 6.03.010 Signs in the Right of Way Moved existing text 15 7.61.020 Abandoned Personal Property in the Right of Way 6.03.020 Abandoned Personal Property in the Right of Way Moved & modified existing text 15 7.61.025.A City Authority to Remove - Notice Requirements 6.03.030 City Authority to Remove Moved & modified existing text 15 7.61.025.B, C, 13 City Authority to Remove - Notice Requirements 6.03.040 Notice Requirements Moved & modified existing text 15 7.61.030 Exemption from Notice Requirements 6.03.050 Exemption from Notice Requirements Moved existing text 16 Current as of 11 -22 -11 7,61.035 Reclamation of Confiscated Personal Property and 6.03.060 Reclamation of Confiscated Personal Property and Moved existing text iG 7.61.040 Disposal of Personal Property, Signs and Junk 6.03.070 Disposal of Personal Property, Signs and Junk Moved existing text 16 7.61.045 Appeal of Confiscation 6.03.080 Appeal of Confiscation Moved existing text 17 7.61.050 Exemption for Criminal Investigation 6.03.090 Exemption for Criminal Investigation Moved existing text 18 7.61.055 Enforcement — Minimum R.equirements 6.01.060 Enforcement — Minimum Requirements Moved existing text 6 Current as of 11 -22 -11 TIGARD MUNICIPAL CODE Title 7 PUBLIC PEACE, SAFETY AND MORALS * 7 . 74 EMERGENCY OPERATIONS 7.78 PROPERTY - FORFEITURE Chapters: FOR CRIMINAL ACTIVITY 7.80 CAMPING PROHIBITED IN 7.04 GENERAL PROVISIONS CERTAIN PLACES 7.08 ADOPTION OF STATE 7.100 EXCLUSION FROM TICARD STATUTES Repealed 7.12 CLASSIFICATION OF by Ordinance No. 08 -18 OFFENSES 7.16 DISPOSITION OF OFFENDERS �k 7.20 OFFENSES AGAINST Cross reference only update PERSONS 7.24 OFFENSES AGAINST PROPERTY 7.28 OBSTRUCTING LAW ENFORCEMENT 7.32 OFFENSES AGAINST PUBLIC ORDER 7.34 CONTROLLED SUBSTANCES 7.36 MINORS 7.38 TRUANCY 7.40 NUISANCES * 7.42 CHRONIC NUISANCE PROPERTY 7.44 CURFEW HOURS FOR MINORS 7.48 PUBLIC ASSEMBLIES 7.50 AUTHORITY TO RESTRICT ACCESS TO CERTAIN AREAS 7.52 PUBLIC PROPERTY USE 7.56 INDECENT CONDUCT 7.58 RULES OF CONDUCT ON CITY PROPERTY 7.60 ABANDONED VEHICLES 7.61 PROPERTY IN THE RICHT OF WAY 7.70 SECONDHAND DEALERS AND TRANSIENT MERCHANTS TIGARD MUNICIPAL CODE Staff Note: Impact of revision is elimination of 7.40 and incorporation of 7.40 provisions • ' into Title 6 7.40.210 Penalty For Chapter Violations. 7.40.010 Short Title. 7.40.020 DIY - �•ZIitions. • r r . . r '.• . ' ' ! ! .. ! • I = —�•etion7 7.40.010 Short Title. • ' ' - - - - - The ordinance codified in this chapter shall NUISANCES be known as the "nuisance ordinance," and may also be referred to herein as "this chapter." (Ord. . • ! . ! • ! • ' 86 20 §4(Exhibit C(1)), 1986). Publi ^ CT call . 7.40.020 Definitions. PUBLIC S A FETV. As used in this chapter: A. "Responsible party" means the person 7.40.060 Trees. .• !.! ! _ _ hieh includes 1. The owner of the property, or the . • ! . ! ' ! - ' ' : ' • • •. owner's manager or agent or other person in - - - . 7.40.110 Attractive lvisanccs. 2. The person occupying the 7.40.125 Graffiti. property, including bailee, lessee, tenant or 3. The person who is alleged to have committed the acts or omissions, created . • !. ! ' o • • • ! • • • • or allowed the condition to exist, or placed the Noises: object or allowed the object to cxist on the 7.40.140 Sou d Measurement property. (Ord. 86 20 §1(Exhibit C(2)), 1986). 7.40.150 Dcfinitions. 7.40.160 Noise Limits. .• !.! ! • . • • • ! • . 7. 70 Prohibited Noises. , Ian - 7 Exceptions . • ! . ' ! - A. The acts, omissions, conditions or Activities: objects specifically enumerated in this chapter 7.40.200 Evidence. are hereby declared to be a public nuisance. TIGARD MUNICIPAL CODE B. In addition to the nuisances condition on the premises that is in such a state • - = , or condition as to cause an offcnsivc odor every other thing, substance or uct whic i detectable at a property line, or that is in an determined by the Council to be offcnsivc, ; injurious or detrimental to the public health, safety or welfare of the City is declared to be a F. Surface Drainage. Drainage of liquid nuisance. C. All nuisances shall constitute a Class G. Cesspools. Cesspools or septic tank:, 1 civil infraction and shall be processed that are in an unsanitary condition or which according to the procedures established in cause an offcnsivc odor; Chapter 1.16 of this code, Civil Infractions. (Ord. 86 20 §1(Exhibit C(3)), 1986). . or buildings for the purpose of maintaining livestock or animals, maintained in such places NUISANCES. or in such a manner that they are offcnsivc or annoying to the residents within the immediate . • ! . ! • ! . ' _ vicinity, or maintaining the premises in such a P H .. ... - - breeding place for rodents, flies and other pests; • -... ' • • • I. Removal of Carcasses. An animal or to be exposed on public property for a period A. Privies. An open valt or privy of time longer than is necessary to remove or dispose of the carcass. except those constructed or maintained in connection with construction projects in J. Maintenance on Private Property of a accordance with the State Health Division Dangerees Building. A "dangerous building" is regulations; one or more of the following: B. Debris. Accumulations of debris, 1. A structure that, for the want of rubbish, manure and othcr refuse that affect the proper repairs or by reason of age and .. _ dilapidated condition, by reason of poorly installed electrical wiring or equipment, C. Stagnant Water. Stagnant water defective chimney, defective gas connection, and other insect pests; that is so situated or occupied as to endanger D. Water Pollution. Pollution of a body any other building or property or human Iifc; by sewage, industrial wastes, or other 2. A structure containing .. .. combustible or explosive material, rubbish, manner that will cause harmful material to rags, waste, oils, gasoline or flammable pollute the water; substance of any kind, especially liable to cause fire or danger to the safety of the building, - e - premises, or to human life; TIGARD MUNICIPAL CODE because it impairs the view of a public 3. A structure that is kept or thoroughfare or otherwise makes use of the maintained or is in a filthy or unsanitary thoroughfare hazardous. condition, especially liable to cause the spread of contagious or infectious disuse or disuses; C. No owner or responsible party shall 1. A structure in such weak or or in the right of way of a public thoroughfare weakened condition, or dilapidated or abutting on the property. The owner or deteriorated condition as to endanger any person - .. ... . .. or property by reason of probability of partial or grass, shrubbery, brush, bushes, weeds or other entire collapse. (Ord. 86 39 §1(Exhibit A), noxious vegetation as often as needed to prevent 1986; Ord. 86 20 §1(Exhibit C(4)), 1986). them from becoming unsightly or, in the case of wccds or other noxious vegetation, from PUBLIC SAFETY. §1(Exhibit C(5)(1)), 1986). .• ! . ! ! • . .. . • . . • 7.40.060 Trees. A. The term "noxious vegetation" does A. No owner or responsible party shall not include vegetation that constitutes an permit tree branches or bushes on the property agricultural crop, unless that vegetation is a to extend into a public street or public sidewalk health hazard, a fire hazard or a traffic hazard, in a manner which interferes with street or and it is vegetation within the m aning of sidewalk traffic. It shall be the duty of an owner Subsection B of this section. or responsible party to keep all tree branches or bushes on the premises which adjoin the public B. The term "noxious vegetation" street or public sidewalk, including the includes: adjoining parking strip. trimmed to a height of 1. Weeds more than ten inches high; not less than ten feet above the street. 2. Grass more than ten inches high B. No owner or responsible party shall . - - allow to stand any dead or decaying tree that is Subsection A of this section; in danger of falling or otherwise constitutes a hazard to the public or to persons or property on 3. Poison oak, poison ivy, or similar or near the property. (Ord. 86 20 §1(Exhibit vcgctation; C(5)(2)(a) and (b)), 1986). 1. Dead trees, dead bushes, stumps 7.40.070 Streets And Sidewalks. and any other thing likely to cause fire; The owner or responsible party shall keep a 5. Blackberry bushes that extend public street and/or sidewalk abutting their into a public thoroughfare or across a property property free from earth, rock and other debris line; and other objects that may obstruct or render the street or sidewalk unsafe for its intended use. 6. Vegetation that is�-- (Ord. 86 20 §1(Exhibit C(5)(2)(c)), 1986). hazard; 7. Vegetation that is a health hazard 7.40.080 Vehicles Net To Drop TIGARD MUNICIPAL CODE Materini On Strccts. §'1(Exhibit C(5)(3)), 1986). The owner or operator of any vehicle .• !. ! ! e : • ; _ . _ • e . engaged in the transportation of excavation or construction materials shall bc responsible for No person or responsible party shall keeping—the—public streets and sidewalks free deposit, store, maintain or keep on any r al from such materials, including but not limited .. -• , - - _ : .b to, earth, rock and other debris that may obstruct facility, building or garbage receptacle, any of • - - th intended use. (Ord. 86 20 §1(Exhibit C(5)(2)(d)), 1986). A. An icebox or refrigerator, or similar container, which seals essentially airtight, . • ! . ! ' ! : ' without first removing the door; A. The owner or responsible party shall B. Inoperable, partially dismantled be responsible for • . - . _ . ,automobiles, trucks, bus, trailer or other vehicle property, subject to an asement to the City or equif,•• - • . ... • • . • • . . - . to the public for grecnway purposes. Except as for more than --te otherwise provided by this section and Sections automobile, truck, bus, trailer or - piece —o€ .•e .e . , . . . . maintenance shall bc as follows: C. Uscd or dismantled household 1. The land shall remain in its appliances, furniture, other discards or junk, for ... .. .. • ondition. No private more than five days (Ord. 86 20 §4(E structures, culverts, excavations or fills st.u11 be C(5)(1)), 1986). - constructed within the casement arca unless authorized by the City Engineer based on a 7.40.110 Attractive Nuisances. finding of need in order to protcct the property or the public health, safety or welfare. A. • . - - .. . - .. . permit on the property: 2. No tree over five feet in height shall be removed unless authorized by—the 1. Unguarded machinery, Planning Director based on a finding that the equipment or other devices which arc attractive, tree constitutes a nuisance or a hazard. dangerous, and accessible to children; 3. Grass shall be kept cut to a height 2. Lumber, logs, building material not exceeding ten inches, except when some or piling placed or stored in a manner so as to be natural condition prevents cutting. attractive, dangerous, and accessible to children; B. In situations where the approval 3. An open pit, quarry, cistern, or . ' .. tandards or other excavation— without safeguards or barrier:, ... ... , ... to prevent such places from being used by :., • . children; or bc found in violation of this section of the code 4. An exposed foundation or portion unless the person has been given actual or of foundation, any residue, debris or other constructive notice of the standards prior to the building or structural remains, for more than time the violation occurred. (Ord. 86 20 thirty days after the destruction, demolition or TIGARD MUNICIPAL CODE removal of any building or portion of the notification. B. This section shall not apply to 1. "Manager" mean•s—the--T-igard City . ' • . . . .. . .. • Manager or the manager's designee who is safeguards to prevent injury or death to playing responsible for the administration of the graffiti children. (Ord. 86 20 §1(Exhibit C(5)(5)), ... _ . • . - .. -1 ). 5. "Occupant" mcans any person, tenant, 7.40.120 Seattering Rubbish. sublessee, successor or assignee that has control over property. private property any kind of rubbish, trash, 6. "Owner" means any person, agent, debris, refuse, or any substance that would mar firm or corporation having a legal or equitable the appearance, create a stench or fire hazard, interest in a property and includes but not detract from the cleanliness or safety of the limited to a mortgagor in possession, an property, or would be likely to injure a person, occupant, or a person, agent, firm or corporation animal, or vehicle traveling upon a public way. that owns or exercises control over items of (Ord. 86 20 §4(Exhibit C(5)(6)), 1986). property such as utility poles, drop boxes, postal 7.40.125 Graffiti 7. "Permit" means to knowingly allow, A. Definitions. suffer, or acquiesce by any failure, refusal, or neglect t a b a t e As used in this section, unless the context requires otherwise: 8. "Premises open to the public" means all public spaces, including but not limited to 1 . "Abate" m • . .. • _ , - - , . , .. , • the-publie-view, and public open space, and private property onto which the public • . : : 2. "Graffiti" means any inscription, permitted to enter for any purpose. word, figure, or design that is marked. etched, scratched, drawn or painted on any surface with 9. "Property" means any r al or personal paint, ink, chalk, dye, other similar substance or . .. -• , • .. • • placement of stickers or appliques, regardless of affixed or appurtenant to real property or content, which is visible from premises open to - the public, such as public right of ways or other items of machinery, drop boxes, waste publicly owned property, and that has been containers, utility poles and vaults, and post . _ ... .. . ... - - office collection boxes. as buildings, fences, and structures, without authorization from the owner or responsible 10. "Responsible party" m ans an owner, • -14aFt= _ . . owner by agreement that has authority over the 3. "Graffiti nuisance property" means a property or is responsible for the property's property upon which graffiti has been placed maintenance or manag and such graffiti has been permitted to remain more than one party responsible for a particular for more than 11 days after the property owner property. of record or occupant has been issued written TIGARD MUNICIPAL CODE 11. "Unauthorized" means without 5. If the person who was served the consent of the owner, occupant or responsible notice is unable to remove, or cause to remove, `, the graffiti within the 11 day period due to a hardship, he or she may apply to the Manager B. Graffiti Nuisance Property - graffiti. For purposes of this subsection, 1. Any property location in the City of "hardship" includes but is not limited to serious remedies. the graffiti, or other extraordinary circumstance. 2. Every responsible party who permits a 6. If the graffiti is not removed within 14 .. . ' occupant, the Manager may cause a citation to remedies. be issued to the owner or occupant or both requiring the person to appear in Tigard C. Graffiti Removal; Notice and Procedures 1. This subsection sets out procedures to 7. Failure to rcmovc the graffiti as be used in processing an infraction of Section required by this section is a violation punishable 7.10.125, notwithstanding Subsections by a fine of up to one hundred dollars. Each day .4!.! t . .•: • : • •' : • . - . • • - _ the graffiti remains after the notice is sent • - ' = ' • • • • • ' - - constitutes a separate offense. of Chapter 1.16 shall remain in effect. $. The City Manager may adopt rules and procedures to implement this section. (Ord. 2. The owner or occupant of any 07 03) property within the City of Tigard shall remove the graffiti's appearance. - _ • • . _ • _ _ - _ . THE PUBLIC PEACE 3. Whenever the Manager determines .• !, ! , , • • ; _ . • • • that graffiti exists on any property in the City, Noises.; The owner or occupant shall have 11 days after No person shall make, assist in making, the date of service of the noticc to remove the permit, continue, or permit the continuance of, gFafftti, any noise within the City of Tigard in violation of this article. No person shall cause or permit 1. The noticc shall be served by any noise to emanate from property under that person's control in violation of this article. • - • (Repealed and replaced by Ord. 01 13A, Ord. mailing it as certified mail. Service may also be 96 06; Ord. 90 03 §1(part), 1990). accomplished by posting the notice in a clearly 7:40,140 So.n.:- : =easeTenen4. visible location on the subject property. A. While sound measurements are not required for the enforcement of this article, TIGARD MUNICIPAL CODE should measurements be made, they shall be meter: 7.40.160 Noise Limits. 1. Shall be an instrument in good operating condition, meeting the requirements It is unlawful for any person to produce, or of a Type I or Type II meter; permit to be produced, sounds which: 2. Shall contain at least an A A. Whcn measured at the boundary of or weighted scale, and both fast and slow meter ... respense-eapa134-1-ity unit, not the source of the sound, is located, B. If measurements arc made, the person exceeds: making those measurements shall have _ .. 1. Forty dB at any time between meter, and shall use measurement procedures nine p.m. and seven a.m. the following day; or consistent with that training. (Repealed and replaced by Ord. 01 13A. Ord 90 03 §1(part), 2. Fifty dB at any time bctwccn 1990). ;even a.m. and nine p.m. the same day; or 7.40.150 Definitions. B. Is plainly audible at any time between nine p.m. and scvcn a.m. the following day As used in this Article: within a noise scnsitivc unit which is not the source of sound; or A. "Noise sensitive unit" shall include ..' :•-: . .. • . •. . _ C. Is unnecessarily loud within a noise a residence, place of overnight accommodation, sensitive unit which is not the source of the church, day care center, hospital, school, or sew. nursing care center. For the purpose of this definition. "residence" and `overnight D. When maa cured at or within the accommodation" does not include boundary of or within a property on which no living/sleeping quarters of a caretaker or noise scnsitivc unit is located, and the noise watchperson on industrial or commercial originates from outside the property, if the noise property provided by the owner or operator of level exceeds: 1. Sixty dB at any time bctwccn B. "Plainly audible" moans any sound for nine p.m. and scvcn a.m. of the following day; unambiguously communicated to the listener, such as, but not limited to, understandable 2. Seventy five dB at any other s poken speech, comprehensible musical time. E. If within a park, street or other public C. "Unnecessarily loud" means any place, is unnecessarily loud at a distance of 100 sound that interferes with normal spoken feet. (Repealed and replaced by Ord. 01 13A, communication or that disturbs sleep. Ord. 90 03 § l (part), 1990). D. "City Manager" means the City 7.40.170 Prohibited Noises. TIGARD MUNICIPAL CODE excavation), demolition, alteration or repair of A. The use of exhaust brakes (jakc any building, except as allowed undcr Section brakes), except in an emergency or except when 7.10.180.E and 7.10.180.F. used by a person operating an emergency services vehicle equipped with a muffled 8. The use or creation of amplified compression braking system, is prohibited at all sound in any outdoor facility. 9. Any other action that cr atcs or B. Except as provided in Section allows sound in excess of the level allowed by 7.10.180, the following acts are violations of Section 7.40.160. (Ord. 06 03; Repealed and this chapter if they exceed the noise limits replaced by Ord. 01 13A, Ord. 96 06; Ord. 90 specified in Section 7.10.160: 03 §1(part). 1990). 1. The sounding of any horn or signal device or any other device on any 7.40.180 Exceptions. automobile, motorcycle, truck, bus or other vehicle while in motion, except as a danger The following shall not bo considered signal. .. .. ' . ;peci in Section 7.10.160 is exceeded: 2. Thc operation of sound producing devices such as, but not limited to, A. Non amplified sounds created by . ... . ' _ organized athletic or other group activities, devices, public address systems, radios. tape • - • . - . - . - :. - .. . recorders and /or tape players, compact disc generally used for such purposes, such as .. , . _ ... ... stadiums, parks, schools, and athletic fields, systems, including those installed in or on during normal hours for such events. vehicles. B. Sounds caused by emergency work, or 3. The operation of any gong or by the ordinary and accepted use of emergency siren upon any vehicle, other than police, fire or • • - • • . • . other emergency vehicle, except during whether such work is performed by a public or sanctioned- parades, privato agency, or upon public or private Pfetaert 1. Thc use of any automobile, motorcycle or other vehicle so out of repair or in C. Sounds caused by bona fide use of such a manner as to create loud or unnecessary emergency warning devices and alarm systems. sounds, grating, grinding, rattling or other noise. D. Sounds regulated by federal law, 5. The keeping of any animal or • - - _ . • - . - - -- - - bird that creates noise in excess of the levels railroads or aircraft. s pecified in Section 7.40.160. E. Sounds caused by demolition 6. Thc operation of air conditioning activities when performed under a permit issued or heating units, heat pumps, refrigeration units, by appropriate governmental authorities and (including those mounted on vehicles) and only between the hours of seven a.m. and seven • •• •• - _ :: . .... p.m. seven days a week. 7. Thc erection (including F. Sounds caused by industrial, TIGARD MUNICIPAL CODE hours of ;even a.m. to seven p.m. seven days a the City Manager. The noise mitigation plan week, must: G. Sounds caused by regular vehicular 1. Map the project noise impact;, compliance with state law. Regular vehicle traffic does not include a single vehicle that 2. Provide special consideration and creates noise in excess of the standard set forth - . - ; in Section 7.40.160. 3. Outline public notification plans; H. Sounds caused by air , electrical or gas driven domestic tools, including, but not 4. Provide a 24 hour telephone limited to, lawn mowers, lawn edgers, radial arm. circular and table saws, drills, and/or other about-a-project: similar lawn or construction tools, but not including :. . - • - .. • , :. _ The City Manager may approve a noise the hours of seven a.m. to seven p.m. seven days mitigation plan only if thc City Manager a week. determines that the noise mitigation plan will prevent unreasonable noisc impacts. (Ord. 05 I. Sounds caused by chainsaws, when 14; repealed and replaced by Ord. 01 13A, Ord 90 03 §1(part), 1990). trees between the hours of seven a.m. and seven p.m., and not exceeding two hours in any .• !. ' ! .. . .. .. Activities. J. Sounds created by community events, Notwithstanding Section 7.40.180, the such as parades, public fireworks displays, creation of noise by any activity subject to the street fairs, and festivals that exceptions listed in Sections 7.10.180.E, or do igncc _h_as determined in writing to be 7.10.180.F, 7.10.180.H, or 7.40.180.1, in excess community events for thc purposes of this . :: :: ... • •_ • - cection. Tho City Manager's decision shall be sensitive use is located, for more than 5 minutes based on the anticipated number of participants in any calendar day shall be a violation. or spectators, the location of the event and other (Repealed and replaced by Ord. 01 13A, Ord. factors the City Manager determines to be 99 29; Ord. 96 06; Ord. 90 03 § 1(part), 1990). 7.40.200 Evidenec. K. Sounds made by legal fireworks on the third of July, Fourth of July, and thc Friday In any civil infraction action bascd on a and Saturday during the weekend closest to thc violation of the limits set forth in Sections Fourth of July of each year, between the hours 7.10.160.B, 7.10.160.0 or 7.10.160.E, the of seven a.m. and eleven p.m. - - households, shall be required to establish a L. Sounds madc between midnight and violation. Any Police or Code Enforcement 12:30 a.m. on January 1 of each year. Officer or other City employee who witnessed M. Sounds originating from construction the violation shall be counted as a witness for projects for public facilities within rights of way purposes of the two witness requirement. The TIGARD MUNICIPAL CODE City may ask an alleged violator to enter into a voluntary compliance agreement bascd on a single complaint or single witness. (Repcled and replaced by Ord. 01 13A, Ord. 99 29; Ord. 96 06; Ord. 90 03 § 1(part), 1990). ARTICLE VI. VIOLATION PENALTY 7.40.210 Penalty For Chapter Violations. A. A violation of this chapter shall constitute a Class 1 civil infraction, which shall be processed according to the procedures established in the civil infractions ordinance, set out at Chapter 1.16 of this code. B. Each violation of a S eparate provision of this chapter shall constitute a separate infraction, and each day that a violation of this chapter is committed or permitted to continue C. A finding of a violation of this chapter duty to abate the violation. The penalties imposed by this section arc in addition to and not in lieu of any remedies available to the City. D. If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this chapter. (Ord. 99 01; Ord. 90 03 §1(part), 1990).R TIGARD MUNICIPAL CODE Staff Note: Impact of revision is elimination vehicular traffic or to otherwise pose a threat to of 7.61 and incorporation of 7.61 provisions . • . - into Title 6 2. "City" means the City of Tigard and any other location under jurisdiction by the Chapter 7.61 PROPERTY IN THE City of Tigard. DICHT OF W Av 3. "City Manager" means the City Sections: Manager or any designee of the City Manager. 7. Defnitions. 4. "Costs" means all monies • .! _ : ' '_ : incurred and charges associated with the . ! • .. removal, storage, detention, processing, disposition, and maintenance of confiscated • .! • . . • • : ' • •• : • items in violation of Sections 7.61.015 and 7.61.020. 5. "Dispose of / Disposal" also • . ! ' • • : . . • . includes sell, auction, donate. destroy, repurposc, and recycle. 6. "Junk" means items which have • .! , • .. • . . . . , no apparent utility or are in an unsanitary ! _ condition. In-vesfiga-fien • . ! _ 7. "Owner" means any individual, partnership, limited liability company or other 7.61.010 Definitions. entity with a claim, or agent thereof, either individually or jointly, of ownership or any A. As used in this chapter, unless the interest of rccord, legal or equitable, in abandoned personal property or a sign confiscated pursuant to this section. 1. "Abandoned personal property" m ans any personal property, as the term is 8. "Personal property" means defined in this chapter, which has been tangible items, othcr than signs and vehicles as discarded. deserted or relinquished. Personal defined in this chapter, which arc reasonably . .. -- ... .. recognizable as belonging to individual person;, of the following conditions exist: - - .. • • ' - . a. The personal property is left 9. "Right of way" means a strip of unattended in the right of way for more than land or structure occupied or intended to be five hours; occupied by a street, crosswalk, pedestrian or bike path, railroad, road, electric transmission b. The personal property is line, oil or gas pipeline, water main, sanitary or placed in the right of way in a location or storm sewer main, street trees or other special manner as to constitute a potential, imminent or use and all other public ways and area managed by the City. TIGARD MUNICIPAL CODE confiscated personal property or sign are 10. "Sign" means any materials recorded. placed or constructed primarily to convey a message or other display and which can be B. Subject to exemption by Section -. , . -- ' , 7.61.030: or from the air including any outdoor sign, display, light, device, figure, painting, drawing, 1. If the identity and mailing message, plaque, poster, or other thing address of the owner of personal property or designed, intended, or used to advertise or _ .. .. , inform. (Ord. 10 06 § 1, 2010). the City Manager shall notify thc owner of the item by certified mail or personal service no 7.61.015 Signs in the Right of Way. . e • . . confiscation. A. It shall be unlawful for any person to place a sign in the right of way unless thc 2. If the identity and mailin .. - • . ' ... . . address of the owner of personal property or of any title of the Tigard Municipal Code or signs is not known, the City Manager shall Oregon Revised Statutes. arrange for the public noticc of the confiscation to be provided within 30 days following the B. The owncr(s) of a sign in violation of confiscation, either by publication in a this chapter shall be responsible for any and all newspaper of general circulation in the City or costs associated with disposition of the sign. by publication on the City website, with a (Ord. 10 06 § 1, 2010). clearly marked link from thc City's homepage. 7.61.020 Abandoned Personal C. A notice under subsection B shall ' .. • . • . • . . include: A. It shall be unlawful for any person to 1. A statement that the personal abandon any personal property in the right of property or sign was in violation of Chapter way. 7.61 of the Tigard Municipal Code. B. The owner(s) of the abandoned 2. A description of the personal personal property in violation of this chapter property or sign and the date, time and location shall be responsible for any and all costs .- . personal property. (Ord. 10 06 § 1, 2010). 3. A copy of Scction 7.61.025 notifying the owner of the process and fees 7.61.025 City Authority to Remove required to retrieve the confiscated personal property or sign from the City. A. The City Manager may confiscate any 1. The date after which disposal of sign in violation of Section 7.61.015 and any the personal property or signs shall occur. Section 7.61.020 without prior notice. The City D. A noticc by publication under subsection B may contain multiple listings of time and location of a confiscation and a confiscated signs. (Ord. 10 06 § 1, 2010). description of the physical characteristics of the TIGARD MUNICIPAL CODE 7.61.030 Exemption from Notice 7.61.025 or 7.61.030. C. The City Manager shall establish a A. The City Manager shall establish a procedure by which owners of confiscated • .. ' .. - . • personal property and signs can reclaim confiscated items. The procedure shall include 1. Determines types of signs that are unlikely to be reclaimed if confiscated; and 1. The place for an owner to reclaim 2. Exempts from thc notice confiscated property. requirements of Section 7.61.025 those types of signs unlikely to be rcclaimcd if confiscated. 2. A fcc schedule for reclamation of B. In determining the types of signs that either or both of the following: arc unlikely to be reclaimed, the City Manager may consider the value of the materials the sign a. Provisions allowing the City .. _. _ to recover all costs associated with the confiscated item, and C. Signs that are exempt under the - • .. • - .. • - .. .. .. - b. Assignment of an this section. (Ord. 10 06 § 1, 2010). 1. Shall be stored for a minimum of 14 days after the date of confiscation. 7.61.040 Disposal of Personal 2. Shall be available during the lamation by the owner A. The City Manager may immediately after payment in full of all costs associated with dispose of any junk found in the right of way. • •. • . Disposing of junk under this subscction is not subject to thc notice and reclamation provisions 3. May be disposed of after the of Sections 7.61.025 through 7.61.035. 10 06 § 1, 2010). B. The City Manager may order the • • . . .. .. property corning into the City's possession which is determined by thc City to be dangerous or perishable. Weapons shall be destroyed in A. The City Manager shall establish a accordance with ORS 166.280. Such disposal location for the storage of confiscated personal under this subscction is not subject to the notice property and signs. The location should be and reclamation provisions of Sections 7.61.025 reasonably secure and accessible to City staff so through 7.61.035. that personal property and signs can be rctea- C. At thc sole discretion of the City Manager and without provision of notice, the B. Confiscated personal property and City may donate, dispose of, sell, recycle, or signs shall be stored for no less than 30 day:, repurpose any personal property or sign not following the provision of notice under Section reclaimed before expiration of the storage TIGARD MUNICIPAL CODE peried. D. The City Manager or designee may establish a fee for the cost of conducting a D. h3 lieu of the disposal of confiscated hearing. personal property under this section, at any time the City is authorized to sell or auction thc E. A hearing shall comply with all of the confiscated personal property or sign, the City fellewinge may convert the persona i 1. Upon receipt of a proper request for a hearing, the City shall set a time for a hearing within 30 days of the receipt of the 1. Notice of the transfer of the request and shall provide notice of thc hearing personal property or sign to the City shall be to the owners of the confiscated personal given once by publication in a newspaper of property or sign. general circulation in the City or by publication on the City website at least 30 days before the 2. Hearings held under this section personal property or sign is converted to City .. use. The notice shall describe the property and .. .. .... - . _ state that thc described personal property or sign the hearing to demonstrate by the statements of shall be converted to City use if thc personal witnesses and other evidence, that the property or sign is not reclaimed within 30 days. confiscation of the personal property or sign was invalid, or for any other reason not 2. If the personal property or sign is justificd. not reclaimed within 30 days after publication of thc notice described in subsection (D)(1) of 3. The Hearings Officer may be an this section, the personal property or sign shall officer, official or employee of the City, but be entered on the City's fixed azet inventory may not have participated in any determination and shall not be subject to the right of or investigation related to the confiscation of the redemption. (Ord. 10 06 § 1, 2010). personal property or sign. Thc City Manager may promulgate rules for conducting hearings. �. The owner requesting a hearing A. The owner of the confiscated personal may be represented by legal counsel; however, property or sign may request a hearing to legal counsel shall not be provided at public contcst the validity of the cenfiscation by expense. Written notice of representation by City not more than five days from thc mailing the written request for a hearing. date of the notice or publishing of public notice. 5. Thc City is only required to B. The request shall state thc roason(s) provide one hearing each time it confiscates why the owner believes that the confiscation personal property or a sign. was invalid and include payment in full for the cost of the hearing. 6. Appeal of simultaneous C. The City shall not consider requests, property or signs of the sai e of Subsections A and 13 of this section. 7. If the City finds after a hearing TIGARD MUNICIPAL CODE . - .. - criminal investigation is not subject to any sign was invalid: requirements of this chapter. (Ord. 10 06 § 1, 2010). a. The City shall order the immediate release of tho personal property or 7.61.055 Enforcement Minimum sign to the owner of the item(s), if still in . A. A finding of a violation of this title b. Refund to the owner any which results in confiscation of personal payment of costs associated with the removal, property or signs does not prevent the City from storage, dctcntion and maintenance of the additionally issuing citations for violations of personal property or sign that has been this title or any other title of the Tigard ° d Municipal Code or Oregon Revised Statutes for the same property or incident. c. The owner shall not receive a refund for the cost of the hearing, and shall be B. This section shall not be read to liable for storage charges incurred more than 21 .. . . .. .. in this title or any othcr title of the Tigard sign is officially ordered released to thc person. Municipal Codc or Oregon Rcviscd Statutes which arc intended to abate or alleviate code 8. If the City finds after a h aring violations, nor shall thc City be prevented from . . • . . • . . . - . . . ... . : recovering, in any manner prescribed by law, sign was valid, the City shall order the personal any expense incurred by it in abating or property or sign be held until thc costs of the • . • : .. . _ • .. •. .. . . hearing and all monies incurred or charges eeEle-pfeviRien, asfociated with thc cost of the removal, storage. dctcntion, maintcnancc and disposition of the C. Class 1 Penalty. A violation of this .. ... - _ .. .. title shall constitute a Class I civil violation which shall be processed according to the 9. A person failing to appear at a procedures established in Chapter 1.16 of this - -- - . code. refund of costs unless the person provides thc City satisfactory proof for the person's failure to D. Each violation of a separate provision wear. of any Tigard Municipal and Development Codc and/or Oregon Rcviscd Statute shall 10. The City shall provide a written statement of thc results of thc hearing to the that a violation is committed or permitted to person requesting the hearing. continuc shall constitute a separate infraction. 11. The determination of the E. The provisions of this title are Hearings Officer at a hearing is final and not - - • - . . s ubject to appeal. (Ord. 10 06 § 1, 2010). 7.61.050 Excmption For Criminal Investigation. A vehicle that is being held as part of any TIGARD MUNICIPAL CODE 1. Minimum Requirement:, the provisions of this title shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare. 2. Most Restrictive Requirement:, Apply. When the requirements of this title vary from other provisions of this title or with any other title of the Tigard Municipal Code or Oregon Revised Statutes, the most restrictive or that imposing the highest standard shall govern. (Ord. 10 06 § 1, 2010).1 Source Reference Table This table identifies provisions copied or cross referenced in proposed Tide 6 Current TMC Current TMC Title in 11.04 Tide 6 Provision New Provision Title in Proposed Title 6 Explanation of Revision Page # Title 18 Number Location in Title 6 18.230.020 Violation of Title Prohibited 6.02.100 Violation of Title Prohibited Copied and modified existing text 10 TABLE 18.510 -1, Footnote 6 Residential Zoning Districts - Uses 6.02.070 Livestock /Poultry Copied and modified existing text 10 18.510.060 Accessory Structures 6.02.140 Accessory Structures Cross reference existing text 10 18.725.030.F Insects and Rodents 6.02.150 Insects and Rodents Copied and modified existing text 10 18.730.050.0 Storage in Front Yards 6.02.170 Storage in Front Yards Cross reference existing text 10 18.745.050.0 Fences and Walls 6.02.130 Fences and Walls Cross reference existing text 10 18.780 Signs 6.02.160 Signs General cross references to 18.780 10 18.780.015.A.48 Signs - Definitions 6.01.020.W Sign (within Definitions) Copied and modified existing text 5 18.795.03(1 Visual Clearance Requirements 6.02.120 Visual Clearance Requirements Cross reference existing text 10 18.810.070.E Maintenance - Sidewalks 6.02.330 Sidewalks, Curbs and Planter Strips _Copied and modified existing text 11 Current as of 11 -22 -11 Chapter 18.230 ENFORCEMENT Sections: 18.230.010 Provisions of this Title Declared to be Minimum Requirements 18.230.020 Violation of Title Prohibited 18.230.030 Penalty 18.230.040 Complaints Regarding Violations 18.230.050 Inspection and Right of Entry 18.230.060 Abatement of Violations 18.230.070 Stop -Order Hearing 18.230.010 — No change 18.230.020 Violation of Title Prohibited A. Violation of title prohibited. No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto. 18.230.030 through 18.230.070 - No change Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, restricted, conditional and prohibited uses in residential zones is presented in Table 18.510.1. TABLE 18.510.1 USE TABLE USE CATEGORY R -1 R -2 R - 3.5 R - 4.5 R - R -12 R -25 R-40 RESIDENTIAL Household Living P P P P P PP P Group Living R' /C R' /C R' /C R /C R' /C R' /C R R' /C Transitional Housing N N N N N C C C Home Occupation R R R R R R R R HOUSING TYPES Single Units, Attached N N N R R /C P P P Single Units, Detached P P PP P P P P Accessory Units R R R R R R R R Duplexes N N C C P P P P Multifamily Units N N N N N P P P Manufactured Units P P P PP P P P Mobile Home Parks /Subdivisions N N C C P P P P CIVIC (INSTITUTIONAL) Basic Utilities C C C C C C C C Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural Institutions N N C C C C N N Day Care P /C P /C P /C P /C P /C P /C P /C P /C Emergency Services C C C C C N N N Medical Centers N N C C C C C C Postal Service N N N N N N N N Public Support Facilities PP PP P P P P Religious Institutions C C C C C C C C Schools C 1 2,13 C12,13 012,13 C12,13 C 12,13 012,13 012,13 C12,13 Social/Fratemal Clubs/Lodges N N N N N CC C COMMERCIAL Commercial Lodging N N N N N N N N Custom Arts and C r a f t s N N N N N N N N Eating and Drinking Establishments N N N N N N NN M a j o r Event Entertainment N N N N N N N N Outdoor Entertainment N N N N N N N N Indoor Entertainment NN N N N N N N Adult Entertainment N N N N N N N N Sales- Oriented N N N N N N R" R" Personal Services N N N N N N R" R" Repair- Oriented N N N N N N R" R" Bulk Sales N N N N N N N N Outdoor Sales N N N N N N N N Animal- Related N N N N N N N N TABLE 18.510.1 (CON'T) USE CATEGORY R - 1 R - 2 R - 3.5 R - 4.5 R - 7 R - 12 R - 25 R - Motor Vehicle Sales/Rental N N N N N N N N Motor Vehicle Servicing/Repair N N N N N N N N Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self - Service Storage N N N N N N N N Non - Accessory Parking N N N N N co co C'o INDUSTRIAL Industrial Services N N N N N N N N Light Industrial N N N N N N N N General Industrial N N N N N N N N Heavy Industrial N N N N N N N N Railroad Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste - Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture /Horticulture P P P P P N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R P/R P/R P/R P/R P/R P/R P/R Rail Lines/Utility Corridors C C C C C C C C P= Permitted R= Restricted C= Conditional Use N =Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2 Permitted subject to requirements Chapter 18.742. 3 Permitted subject to compliance with requirements in 18.710. 4 Except water and storm and sanitary sewers, which are allowed by right. 5 In -home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 'See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. 8 Attached single - family units permitted only as part of an approved planned development. 9 Permitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. 10 Only park- and -ride and other transit - related facilities permitted conditionally. "Limited to ground -floor level of multi- family projects, not to exceed 10% of total gross square feet of the building. 12 School bus parking is permitted on public high school sites as an accessory use if located a minimum of 200 feet from the nearest property line of any tax lot used for residential purposes. Maximum time limitation is three years. An extension to the time limit is possible through a major modification to the conditional use. (Ord. 07 -05) 13 Permitted as a conditional use on public school sites. (Ord. 10 -15 § 1; Ord. 07 -12) 18.510.060 Accessory Structures A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the following: 1. Dimensional requirements: a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square feet. On sites 2.5 acres or larger, an accessory structure may not exceed 1,000 square feet; b. An accessory structure may not exceed 15 feet in height; c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot coverage allowed in the base zone; d. An accessory structure may not be located within the front yard setback; e. An accessory structure must maintain a minimum side and rear yard setback of five feet. 2. Non - dimensional requirements: a. No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right -of -way including but not limited to streets, alleys and public and private easements; b. An accessory structure shall comply with all of the requirements of the State Building Code; c. An accessory structure which is nonconforming is subject to the provisions of Chapter 18.760, Nonconforming Situations, when an alternation, expansion or reconstruction is requested; d. The erection of television receiving dishes on the roof of a structure is not permitted in any residential zone. 3. All freestanding and detached towers, antennas, wind - generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti - climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. (Ord. 09 -13) • Chapter 18.725 ENVIRONMENTAL PERFORMANCE STANDARDS Sections: 18.725.010 Purpose 18.725.020 General Provisions 18.725.030 Performance Standards 18.725.030 Performance Standards I A. Noise. For the purposes of noise regulation, the provisions of Sections 7.40.130 through 7.10.210 6.02.410 through 6.02.470 of the Tigard Municipal Code shall apply. B. Visible emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340 -21 -015 and 340 -28 -070) apply. C. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. D. Odors. The emission of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340- 028 -090) apply. E. Glare and heat. No direct or sky- reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1. There shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2. These regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. F. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard.■ Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS Sections: 18.730.010 Purpose 18.730.020 Exceptions to Building Height Limitations 18.730.030 Zero Lot Line Setback Standards 18.730.040 Additional Setback Requirements 18.730.050 Miscellaneous Requirements and Exceptions 18.730.050 Miscellaneous Requirements and Exceptions C. Storage in front yard. Boats, trailers, campers, camper bodies, house trailers, recreation vehicles or commercial vehicles in excess of 3/4 ton capacity may be stored in a required front yard in a residential zone subject to the following: 1. No such unit shall be parked in a visual clearance area of a corner lot or in the visual clearance area of a driveway which would obstruct vision from an adjacent driveway or street; 2. No such unit shall be used for dwelling purposes except that one camper, house trailer or recreational vehicle may be used for sleeping purposes only by friends, relatives or visitors on land entirely owned by or leased to the host person for a period not to exceed 14 days in one calendar year, provided that such unit shall not be connected to any utility, other than temporary electricity hookups and provided that the host person shall receive no compensation for such occupancy or use; 3. Any such unit parked in the front yard shall have current state license plates or registration and must be kept in mobile condition. Chapter 18.780 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 through 18.780.012 — No change 18.780.015.A.1 through 18.780.A.47 — No change 48. "Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right -of -way, another property or from the air. 18.780.015.A.49 through 18.780.140 — No change Chapter 18.780 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 Zoning District Regulations 18.780.140 Sign Code Adjustments Section 18.780 is referenced in full by Section 6.02.160 Note: Section 18.780 is a large section of the code consisting of 24 pages, all of which are included in the reference in 6.02.160. Because of its size we have not reproduced all of 18.780 here. Chapter 18.795 VISUAL CLEARANCE AREAS Sections: 18.795.010 Purpose 18.795.020 Applicability of Provisions 18.795.030 Visual Clearance Requirements 18.795.040 Computations 18.795.030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. Chapter 18.810 STREET AND UTILITY IMPROVEMENT STANDARDS Sections: 18.810.010 Purpose 18.810.020 General Provisions 18.810.030 Streets 18.810.040 Blocks 18.810.050 Easements 18.810.060 Lots 18.810 070 Sidewalks 18.810.080 Public Use Areas 18.810.090 Sanitary Sewers 18.810.100 Storm Drainage 18.810.110 Bikeways and Pedestrian Pathways 18.810.120 Utilities 18.810.130 Cash or Bond Required 18.810.140 Monuments 18.810.150 Installation Prerequisite 18.810.160 Installation Conformation 18.810.170 Plan Check 18.810.180 Notice to City 18.810.190 City Inspection 18.810.200 Engineer's Certification 18.810.210 Completion Requirements 18.810.070 Sidewalks A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting City standards along at least one side of the street. All other streets shall have sidewalks meeting City standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street B. Requirement of developers. 1. As part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct, safe (1.25 x the straight line distance) pedestrian routes within 1/2 mile of their site to all transit facilities and Neighborhood Activity Centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. 2. If there is an existing sidewalk, on the same side of the street as the development, within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right -of -way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with the utilities, there are significant natural features (large trees, water features, significant habitat areas, etc) that would be destroyed if the sidewalk were located as required, or where there are existing structures in close proximity to the street (15 feet or less). Additional consideration for exempting the planter strip requirement may be given on a case -by -case basis if a property abuts more than one street frontage. D. Sidewalks in central business district. In the central business district, sidewalks shall be 10 feet in width, and: 1. All sidewalks shall provide a continuous unobstructed path; and 2. The width of curbside sidewalks shall be measured from the back of the curb. E. Maintenance Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner; F. Application for permit and inspection. If the construction of a sidewalk is not included in a performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter, shall, before entering upon the work or improvement, apply for a street opening permit to the Engineering Department to so build or construct: 1. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. 2. The City Engineer may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; c. Street right -of -way is insufficient to accommodate a sidewalk on one or both sides of the street; or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible; and 3. The City Engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. G. Council initiation of construction. In the event one or more of the following situations are found by the Council to exist, the Council may adopt a resolution to initiate construction of a sidewalk in accordance with City ordinances: 1. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard; 2. A safety hazard exists for pedestrians walking to or from a public building, commercial area, place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the hazard; 3. 50% or more of the area in a given block has been improved by the construction of dwellings, multiple dwellings, commercial buildings or public buildings and/or parks; and 4. A criteria which allowed noncompliance under Subsection E.1.b above no longer exists and a sidewalk could be constructed in conformance with City standards. (Ord. 06 -20; Ord. 02 -33; Ord. 99 -22) AIS -325 Item #: 8. Business Meeting Date: 12/13/2011 Length (in minutes): 30 Minutes Agenda Title: Update on the Tigard High Capacity Transit (HCT) Land Use Plan Submitted By: Judith Gray Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Council will receive an update from staff regarding progress on the Tigard High Capacity Transit (HCT) Land Use Plan and its future integration in the Southwest Corridor Plan. STAFF RECOMMENDATION / ACTION REQUEST Receive the update and provide feedback. KEY FACTS AND INFORMATION SUMMARY Background The HCT Land Use Plan is one of several separate studies that comprise a significant portion of the regional Southwest Corridor Plan. The land use plan lays important groundwork for Tigard's participation. The plan formally got underway in December 2010. A Citizen Advisory Committee (CAC) was appointed to advise the project team and make a recommendation to council in the development of the HCT Land Use Plan. The community was also engaged in the project through stakeholder interviews, design workshops, an open house, and other outreach activities. In November 2011 the CAC held their final meeting and reached consensus on a recommendation on the draft HCT Land Use Plan. Project Status Tigard's state - funded project to develop a HCT Land Use Plan is nearing completion. In November, the CAC advanced a set of preferred concepts for seven potential station communities. The consultant team is preparing the final plan of the CAC preferred concepts. The consultant is scheduled to present the final plan to a joint meeting of the council and Planning Commission on February 21, 2012. Draft Project Report The HCT Land Use Plan provides "concepts" for seven potential communities with transit stations. These communities present an aspirational concept for the future of transit supportive neighborhoods, defined as neighborhoods where transit is convenient and used area residents. The HCT Land Use Plan will not directly amend any existing Tigard plans, codes, or policies. Rather, the final plan will assess each concept with respect to local, regional, and state policies and will identify a set of potential strategic actions ( "tool boxes ") that are available to implement Tigard policies. Moving Forward The concepts will be applied throughout the transportation and land use "integrated strategy" approach as part of the regional Southwest Corridor Plan. Development of the Southwest Corridor Plan includes time, in 2013, for coordinated adoption of amendments to local, regional, and state policies, codes, and standards to implement the preferred set of integrated strategies as part of the regional planning effort. Parallel to but separate from the Southwest Corridor Plan, the city could choose to adopt, implement, or advance certain strategies identified through the HCT Land Use Plan. Many of the land use and transportation elements represented in the concepts are consistent with plans, policies, or projects already in place (e.g., Transportation System Plan connectivity elements, pedestrian improvements). Other land use and transportation elements, such as certain zone changes, will be based on the outcome of the Southwest Corridor Plan. With their recommendation on a draft HCT Land Use Plan, the CAC has completed their charge for this project. Staff is creating a new citizen involvement structure called "Tigard Connects" that will provide an on -going citizen engagement forum to ensure a local citizen perspective in the development of the regional Southwest Corridor Plan. Next Steps December 20 — Staff presentation on Tigard Connects January 30 — Kickoff event of Tigard "Connections Team" February 21 — Consultant presentation of draft Tigard HCT Land Use Plan OTHER ALTERNATIVES None COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2011 Goals: 1. Implement the Comprehensive Plan; a. Show substantial progress on new Tigard Triangle Master Plan c. Participate in the SW Corridor Study Long -Term Goals: - Continue pursuing opportunities to reduce traffic congestion Long Range Objectives: - Tigard's interests in regional and statewide issues are coordinated with appropriate agencies and jurisdictions. - Tigard citizens are involved in the community and participate effectively. DATES OF PREVIOUS COUNCIL CONSIDERATION • March 24, 2009, through Resolution 09 -18, council supported the application for a Transportation Growth Management (TGM) grant. • October 26, 2010, through Resolution 10 -54, council approved the intergovernmental agreement with the Oregon Department of Transportation and Metro. • November 23, 2010, council was briefed on the proposed Citizen Involvement Committee structure for the project. • December 14, 2010, through Resolution 10 -69, council approved formation of the CAC and appointed the Transportation Advisory Committee to serve as the CAC. • January 18, 2011, staff provided a kickoff presentation for the TGM- funded land use plan. • April 26, 2011, staff presented an update of project progress and planned activities. • July 19, 2011, staff presented an update of project progress and planned activities. • November 15, Metro staff presented an overview of the Southwest Corridor Plan. Attachments A. Powerpoint Presentation AgendaQuick©2005 - 2011 Destiny Software Inc., All Rights Reserved R egional Context ,,, ,...- __3,---- „id t,...., ...... . P s ,...., __ler, _ , ... ,,,„ ,, LL , .... ___. a X11 f .: : r Southwest • ..... ,,.:14k.)--- • „, „..:-. - . ,. ,' ,_ _ _ . ..... .��. 1 Corridor \---i j .N... �. i.,.. I I J PIan : __ sOl ,, SA - .. ♦ W 3' � 1 r City- of r - i;. Tigard Flip �-' — .1 t t:;i17icitt / ,' 1 ^� ---';'--%"-- I_ran,it '” f Land --- " t 4 '' ' / I t L r"-) �'at .- its "`�' , 4it44- - - �� . �c� w ., l t � ` —,. `\ s , -_ - alik bl �. v - t — . _ • - -.-P'-'-: :v, • "� Q Tigard HCT Land Use Plan Council Update Dec 13 2011 : . q 114 T Cit o i d Hih Capacity Transit Land U Plan anga acty ranst ansc an �� P TIGARD /_.,..S---- _ 7 :.,'''-''''' -. .. 0 ... ,,,,,,, t.-#....„.........._:.....„......,,_ rim ,,,, k,a R egional Context tt,, .,. ` ` � ii, ' \ :?� AM. Portland "Barbur Local land use plans .. ')ncept Plar N. Transit Tigard "HC ',/,- .,, �► : g Transportation Plan Alternatives Southwest Land Use Mk f Analysis Plan including Transit AA _ Corridor �! '�, is0 iol\k P I a rl ` r �r Transportation "Lini / "Linking Plan Tualatin" City of Tigard Sherwood ,,. "Town Center Integrated Strategies i Iigh Plan" Capacity Transit Land tUsc Plan Presentation S .., r • asAg : 1.41i ‘ w.r.? „ 'k1 , 1.4: — • • How we got here ----/ .,,.:� \� :- = J What's in the report ? � t� , k . ter" • How will it be used IL• :I» ,101/11,9-- �� • Movi forward G . i „ . . . x ,..xx....xx. x,x iehilii:ii;i C �' of ,.x...k. Tigard i ttammuirtwiommun rie x r a.x,xx xx Ikgb i,x x €x Capacih ohnitEEKEEmpleTli :iii N'Aii Transit x Land „i' y°s Ilse flan „xx 171052190056106DErainwur:sra,ir xx xx -. ' fit - \ INF: �" 1. .,,..._,,,„..„„ How we got here „...,, : a , ?AI �` __.,„, Which areas might support HCT investments? Ir4 - .... a fartY , , .. Wh t e o S WS � ho,Q. , 7, 411) OP ' - neighborhoods do Tigard j r'`'"'_ .. --.--- residents want? sww. a,. # tr. , i i n k r � W e, N SW Gam de St SW McDonald S1. CI t O SW Bonita Rd Ti ga r d — 1---: ,-;l� a Iii diiiligiiiiiiiffigiffilL \...a1�aC111' 4 < SW Durham Rd : :' hn C idniEniniiiirrigainiiiiigigiqr L E'E:E'E ghi 1 se P lan ....... ... .. vilirmiaNdaFfinim . . . . . . . . .. . .. . .. . . .. . .. . . �. * ; :arm - = � H ow we here e r `� , ,may Developed Tigard Typology -r } • 1 � ; , N ' Community Design Sessions , elt"'. ,...riA.-1\,_,,...-. 1, : . .,,,,./., " — s9, r - : arm �1 +i Al a wilt �' ' - �; � ,Q�,.. ,,,,, -- _ T..k - Eli Ilti ^ • a - y • I N — . . I I tl 1 1 b w NI ...e Ciiz of j Tigard J Capacitt :. 1;N , ,, �� ;1 ' "".. - .14 E ,_ r27t7S1f may- ` AWN ■ / " , 1 ( \4.yil0 tlse Plan — r ...w ' ,err I,1 4 „...............,. .„, W hat ' s in the report? • . 'V f' = 1 ii i s 7 Neighborhood Concepts 9 ii 4 , _.. = Applied typology x µ • Transportation needs 0 .----. . 't Parks & natural resources 0) I.' - \ City of iiiiiii11111111 Tigard High Capacity "Transit Land Use flan �� .1...,„ What in t re _ p o rt • . �.•v. Evaluation for Polic Compliance ilk 1 \ 7 A-,x.'.:. & . . City of Tigard policies 1 z \,--- '-c' .L'it:._. State & Regional policies iii T . , w �� i . ! . _ # City of Llj 11191Pr. Tigard High 4 .ieerr Capacity Transit Land Use Plan 4 11.7,0. z i , -_,-",- — „, ..., _....,--.-, \ vw ...•„..._ What's in the report? 7 p \i• 1 " :. �". i_ _.' 4 lb b.\ �, Appendices (Toolbox) -7 , Policy changes • ��'" Land use changes Elia Design standards - T %%.* `� ,,,,,,,,N� V » e . Investments • Bike & walking (.0 ''`' al improvements I3igh illiaigiin anacin • Parks &trails r ran s1t Lane A Roadways €: EEE....„ „.. Plan qeE€ sssEE€ EE„ e3' EsE6�”„ eEEs €EE:E : e:g € :s:: :: E2EE e E :, =: r S - 7 ►fit ,.......,,.....: . -' - .. ,, __.,,., „ , Wh at ' s in the report • .„.,____ i; -` fie h, l` Too lbox of • immi& 01. % ,"i : �...� ^� poten actions �� 411111101' , for each location 3 `® r am .„ t :: local act 54Wa ,nu,St ..— � • SW Corridor i npu t � - Awt. city o f, :Pia ... ■� SW Bonita Rd U az High .- ■ Capacih SW Durham Rd . - Transit ��- Land Use Plan AAA •AAA'N A �AAAAA 11,1 A.A'.' :AAA.AAA A: . t. AAA. 4 - . . _ _ I N � -Pw 171 H ow will it be used? „-.._ _. IV . E 'y °aE 1 1111 , t 4 ! i> E KG , , 111‘ : 1 „ Regional r' � � node - lik , �� ; y analysis �� . ‘ - Air . �;lt�' Of I � -14, - T igarcl a ` ; r 441.t ' 1. -Lk * 1111p. Cajiacity 7, ” �? . Transit w '4 , . ; r lig Land \h, r Use Plan ,� , . _ � — - �,.1• Yom• •_N ." • it ,_„ How will be used • .��. - r two i , 1.--- , `is Southwest Corridor Plan bra' ► _.®.. ..__ Develop wide range of + Transit _. pi, . alternatives '*� ¢� '' dig wuo.ryh.d Roadways '-��► ` _ _ FR RRa Screen alternatives R A fl/ Transit r EconoRik — . i llii developmnrt Pedestrians ' d 1 * 1� t - ,z. , 4 R ,� r . / . / 6 ., t moilk...... i , Cite o f Ti g d ar R High 'T'ransit Land Use Plan Narrow range of alternatives ,,, ........„, How w i l l it be used • ►' ∎ - . -- ,�. Southwest Corridor Plan dig Develop integrated Strategies . -I* : '!e ;�� Example A Example B '• / , ‘ WO PNp ' �l 'I—w..,.,. , i 1 �� ' , KUaG wa' • City Of t afta.r.n. r b pwiriar• Ti g�' r � l Example C Example U Preferred Strategy HKEHE 45 tAtitif Hi�I, Capa�itti °° Transit l$ I* E L In d • • .., Y Use Plan Transit TMni1 ek Komiwi,, -----::*- . \ " 11 Mr- ...„..:- ,_,__,, ..,....... _ . s Movingforward \:�', "' ■urn Plan Element 2011 2012 2013 and r ' ` ; ;, On -Going Local Land Use Plans ,`►� • Tigard 1 1 • Other Cities 1 • Regional Elements „ { ; )) �' • Criteria • • Range of Strategies Cit 'Tigard • Narrow Strategies Iii i, • Preferred Strategy Capac .` Transit : 1 Implementing Actions j Use PI m Policy Amendments W AM tiiMPEPINIMICIMEi F G 5 "tl 0 _ ..i - Other Implementing Actions o 0 0 0 th ., N ext Steps .opt, „ �. ___� =. • Dec. 20: Council meeting Tigard Connects ►, • January 30: Connections Team Kick -off �� L \ " � _ ''" (Savethedate.) -.► - • February 21: Consultant presentation of Draft Plan • Winter /Spring 2012: Finalize Land Use Plan • 2012 -2013: Participate in SW Corridor Plan , f,.2 ; 11 Capacitt Transit Land Use Plan , 4 1�1 . _ 0 � i 0 ' sic •/ • � t� i �' _ -- ' :r e't 1 its. ~ _ - _ . , _ ii '' � �1 . b .f./it 4 . • — s� t . 3 � Y 1 - %�.m t � f a�� r „..rte`:.. `•` '_C3L- 3 =__ � S V ''''''''''.11 . —' Tigard HCT Land Use Plan Council Update Dec 13, 2011 IN • : , (.i, o Tigard 1 High Capacity Transit Land Use Plait TIGARD k; .G . 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