The URL can be used to link to this page

City Council Packet - 02/28/2012 TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING February 28, 2012 COUNCIL MEETING WILL BE TELEVISED I:1Design & Communications \Donna \City Council\ccpkt3 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov • City of Tigard I Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: February 28, 2012 - 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: h ttp: / /www.tvctv.org /eovernment -program mini /government- meetings /tiga rd CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. City of Tigard ' Study Session - Agenda TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: February 28, 2012/6:30 p.m. Study Session and 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. Review of FY 2012 -13 Community Event Funding Requests — Finance and Information Services Department B. Administrative Items • EXECUTIVE SESSION: The Tigard City Council 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. Council Calendar: March 6 Tuesday City Center Development Agency Meeting — 6:30 p.m., Red Rock Creek Conference Room 13* Tuesday Council Business Meeting — Cancelled 20* Tuesday Council Workshop /Business Meeting — 6:30 p.m., Town Hall 27* Tuesday Council Business Meeting — 6:30 p.m., Town Hall April 3 Tuesday City Center Development Agency Meeting — 6:30 p.m., Red Rock Creek Conference Room 10 Tuesday Joint Meeting with Beaverton City Council and Planning Commission /Metro - 6:30 p.m., Beaverton City Hall, 4775 SW Griffith Drive, Beaverton 17* Tuesda Council Workshop Meeting — 6:30 p.m., Town Hall 23 Monday Budget Committee Meeting — 6:30 p.m., Public Works Auditorium 24* Tuesday Council Business Meeting — 6:30 p.m., Town Hall 30 Monday Budget Committee Meeting — 6:30 p.m., Public Works Auditorium TIGAR.D CITY COUNCIL STUDY SESSION AGENDA — February 28, 2012 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov � • City of Tigard ss Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: February 28, 2012 - 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. Review of 2013 Community Event Funding Requests B. Review Administrative Items • EXECUTIVE SESSION: The Tigard City Council 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. 7:30 PM - FEBRUARY 28, 2012 1. BUSINESS MEETING 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. PROCLAMATION - EARTHQUAKE AWARENESS MONTH 7:35 p.m. - time is estimated 3. CITIZEN COMMUNICATION (Two Minutes or Less, Please) 7:40 p.m. - time is estimated A. Follow -up to Previous Citizen Communication B. Tigard Area Chamber of Commerce - CEO Debi Mollahan C. Citizen Communication — Sign Up Sheet 4. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 7:50 p.m. - time is estimated A. Approve City Council Meeting Minutes for: 1. January 30, 2012 B. Waive Temporary Sign Permit Fees for Tigard Youth Football - Resolution • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council /City Center Development Agency has voted on those items which do not need discussion. 5. QUASI - JUDICIAL PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT, SENSITIVE LANDS REVIEWS AND ADJUSTMENT TO EXTEND WALL STREET TO FIELDS' PROPERTY (Hearing to be continued to September 11, 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 2S 102DA, 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 2SIO2DD, Tax Lot 200. No address, Washington County Tax Assessor's Map 2510100, 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 September 11, 2012. 6. INFORMATIONAL PUBLIC HEARING - CONSIDER A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO.42 (SW 100TH AVENUE) 8:00 p.m. - time is estimated • Open Public Hearing • Hearing Procedures — This is an informational public hearing in which any person shall be given the opportunity to comment. The formation of the reimbursement district does not result in an assessment against the property or lien against the property. (TMC 13.090.050 (hearing on City Engineer's Report) and TMC 13.09.1053 (final hearing) • Staff Report: Community Development Department • Public Testimony • Staff Recommendation • Council Discussion • Close Public Hearing • City Council Consideration: Resolution No. 12- 7. RENEW ANNEXATION INCENTIVES AND DISCUSS ANNEXATION POLICY DIRECTION - RESOLUTION 8:10 p.m. - time is estimated 8. LEGISLATIVE PUBLIC HEARING - AMEND TIGARD MUNICIPAL CODE CHAPTER 1.16 AND CREATE A NEW TITLE 6 - TWO ORDINANCES 8:40 p.m. - time is estimated 9. LEGISLATIVE PUBLIC HEARING - SUPPLEMENTAL AMENDMENT TO THE FISCAL YEAR 2012 BUDGET - RESOLUTION 9:10 p.m. - time is estimated 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS 12. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 13. ADJOURNMENT 9:30 p.m. - time is estimated AIS -772 A. Meeting • Meeting Date: 02/28/2012 Length (in minutes): 30 Minutes Agenda Title: Review of 2013 Community Event Funding Requests Prepared For: Toby LaFrance Submitted By: Liz Lutz, Financial and Information Services Item Type: Receive and File Meeting Type: Council Business Mtg - Study Sess. Information ISSUE Review applications for Community Event Grants and provide preliminary direction as to which grants should be included in the FY 2012 -2013 proposed budget. STAFF RECOMMENDATION / ACTION REQUEST Staff is requesting Mayor and Council review the fourteen event grant requests totaling $101,450 and provide recommendations on which requests should receive full, partial or no funding so that the total amount recommended to include in the Proposed Budget does not exceed $86,511 in available funds. These recommendations will then be forwarded to the budget committee for consideration during the budget approval process in April. KEY FACTS AND INFORMATION SUMMARY Each year the city solicits applications from community organizations for grants for the following fiscal year. As part of the budget process, the City Council acts as the Budget Subcommittee that makes recommendations on funding amounts for Community Event Grants. The city received 14 formal applications by the February 10, 2012 deadline. The total funding requested was $101,450 in direct and set -aside contributions. An additional $66,730 is requested as in -kind support, broken down as follows: Public Works Department for Balloon Festival - $65,000, 4th of July celebration - $1600, and Tigard High grad party-$130. Tigard's practice is to budget one -half of I% of the previous year's operating budget for the Social Service and Community Events Grants. Last year's operating budget was $49,435,066 and 0.5% $247,175. Historically, Community Events receives 35% of the total budgeted for Social Services /Community Events, providing $86,511 available budget for these grants. Staff is requesting Mayor and Council review the fourteen event grant requests totaling $101,450 and provide recommendations on which requests should receive full, partial or no funding so that the total amount recommended to include in the Proposed Budget does not exceed $86,511. These recommendations will then be forwarded to the budget committee for consideration during the budget approval process in April. OTHER ALTERNATIVES This is the first step in the approval process. Final funding decisions and exploration of alternatives may be made at the budget committee meetings in April and the Budget Hearings in June. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION N/A Attachments Application-Broadway Rose Application-Dog Park Application-Compassion Tigard Application-Mask & Mirror Theatre Application-Tigard Farmers Market Application-Tigard Tree Lighting Application-Tigard High Ctrasi Night Application-Tigard Little League Application-Tigard Safety Town Application-Tualatin Riverkeepers Application-Tualatin Valley Comm Band Application-Wa. Co. Museum Application-Tigard 4th of July Application-Festival of Balloons CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503 -639 -4171 COMMUNITY EVENTS FUNDING REQUEST Due: February 10, 2012 Event Name: Broadway Rose Theatre Company Address: PQ Box 231004 City, State, Zip: Tigard, OR 97281 Contact Name: Sharon Maroney Telephone Number: 503- 603 -9862_ E -mail address: brtcsm @aol.com 1. Request (express in whole dollar amounts only) Cash $10,000 In -Kind Services $0.00 Total Request $10,000 2. Purpose of Funding Request: We (Broadway Rose Theatre Company) are requesting funds from the City of Tigard to help us continue to provide professional musical theater to our community at an affordable price. We have been successfully producing musicals in Tigard since 1991. In 2009 we completed a capital campaign and New Stage renovation and shifted from a summer stock theater to a year -round theater. Our expanded programming increased attendance by 40% and we pow serve approximately 40,000 patrons each year. Producing musicals is very expensive. Since transitioning to year -round programming the financial landscape of our organization has significantly changed. We recently completed a new strategic plan that will strengthen our financial position and solidify a sustainable business model that ensures the stability and growth of our company for many years to come. The support of our community and funders like you is critical to our success. When we approach new foundations and are able to note that Broadway Rose has the continued support of the City of Tigard, it speaks volumes about our value to the community. We have an exciting lineup of shows in 2012: New Stage Theater Deb Fennell Auditorium Pump Boys & Dinettes (2/2 — 3/4) The Sound of Music (6/28 — 7/22) The Andrews Brothers (4/19 — 5/13) Drowsy Chaperone (8/1 — 8/19) TBA (8/15 — 8/18) mEEN MusicAY. Beauty and the Beast (7/11 — 7/14) CHILDREN'S MUSICAL Little Shop of Horrors (9/20 — 10/14) Pinocchio (8//8— 8/11) CHILDREN'S MUSICAL Christmas on Broadway (11/23 — 12/16) 1 Broadway Rose's valuable youth outreach programs include a student technical internship program (offering paid internships to local high school students interested in pursuing a career in technical theater); youth drama camps (kids 8 -12 years old perform in the ensemble of our children's show, with seasoned professionals, in the 600 -seat Deb Fennell Auditorium); teen musical theater workshop (teen participants learn all aspects of technical theater and performance from guest artists, culminating in a fully staged production of a musical); free children's musical to over 3,500 elementary students in the Tigard/Tualatin District; and discounted tickets ($5.50) to our children's shows for over 1,000 YMCA youth. 3. How will this event benefit the Tigard Community? Broadway Rose Theatre Company's mission is to create unparalleled musical theater experiences that invigorate audiences and enrich our communities. We are the largest non -profit professional musical theater company in the Portland metro area and the only one in Washington County. As such, we provide a valuable service to local residents and are a vital cultural organization in the community. • We maintain affordable ticket prices that allow all members of our community to participate in the arts. We offer subscription packages as low as $17 /show - $25.50 show, and children's show tickets that are $8. • People come from all over the city to Tigard for our programming. 36% of our audience is from Washington County, 26% is from Multnomah County, 24% is from Clackamas County, and 14% is from cities as far away as Longview, Eugene and Corvallis. • Broadway Rose's presence helps boosts commerce for Tigard. In 2011 we had 1,096 visitors come to see our shows from more than 50 miles away. Washington County Visitors Association estimates that tourists spend an average of $122/day; therefore, our out -of -town patrons generated $133,712 in tourism- related commerce for WA County. • We have strong relationships with downtown Tigard businesses that have benefited from our presence in the community. For instance, Davidson's Casual Dining (located one block from our New Stage) has increased business on the nights that we have performances. Our relationship with them has grown and they are now a loyal corporate sponsor. • We have excellent support from over 600 individual donors, 28 corporate sponsors and nearly 300 active volunteers. In 2011 we had 271 volunteers donate 4,334 hours of work, equaling more than that of two additional full -time employees. • We have an excellent partnership with the Tigard/ Tualatin School District that has been in existence since we began. We share our New Stage space with them for district functions and provide a free musical to all the elementary students in the district. In turn, they rent us the Deb Fennell Auditorium for our large musicals each summer at a greatly reduced rate. • We offer need -based scholarships to our youth drama camps and teen musical theater workshop for those who could otherwise not afford it. We work with our school district and Trillium Family Services to identify youth who qualify. • We offer significantly discounted tickets to our children's shows for over 1,000 YMCA youth. • Through our partnership with the Arts and Literacy Program, each summer we sponsor a design contest for the program cover of our children's shows. • We donate over 600 tickets each year to other local non - profits. • We participate in the Arts for All program in which we offer discounted tickets ($5) to low- income Oregonians. Broadway Rose Theatre Company is committed to increasing opportunities for Oregonians to participate in the arts. We employ approximately 200 local actors, directors, musicians, technicians, designers, and student interns each year to work on our musicals. 2 4. How many Tigard residents do you anticipate participating in this event (or these events)? For 2012 we have projected 38,000 in paid attendance, plus an additional 3,600 in unpaid attendance through the free musical we present to the Tigard/Tualatin School District (2,700 of whom are Tigard students). In total, we project serving 41,600 patrons, 8,700 of whom are Tigard residents. We make every effort to make our productions accessible to all ages and members of the community. We provide excellent wheelchair access, audio descriptive services, and free assistive listening devices at every performance. With our affordable ticket prices and dynamic programming we are proud to provide professional musical theater to Tigard residents, as well as patrons from the greater Portland metro area who come to Tigard to enjoy cultural events. 3 4:37 PM Broadway Rose Theatre Company Cash Basis 2011 Profit Loss 12012 Projected Jen 1 - Dec 31 Jan 1 - Dec 31 2011 2012 Ordinary Income/Expense Income Annual Gala 47,610,00 55,500.00 Concession Income 19,90120 21,235.55 Corporate Sponsorships 64,000.00 61,583.00 Development Trips 29,021.06 125,235.00 Educational Outreach. 13,886.66 21,500.00 Entertainment/Royalty income 903.00 328.04 Events - Special 6,612.22 6,000.00 Grants 242,953.00 176,250.00 Guild 8,890.00 7,000.00 Individual Donations 147,810.24 146,447.73 Interest Income 360.46 240.00 Program Advertising 7,388.15 8,400.00 Raffle Income 4,424.00 4,847.00 Rental Income 2,935.00 3,000.00 Shipping & Handling Income 6,422.52 6,700.00 Souvenir Sales 866,50 1,071.00 Ticket Sales 940,826.75 995,822.90 Interest 3,328.00 933.79 Total income 1,548,138.76 1 64209401 Expense Administrative Expense 243,276.94 241,545.00 Annual Gala. 11,490.69 11,500.00 Artistic Programing 818,950.29 724,340.00 Bank Service Charges 24,190.67 28,953.05 Company Amenities 3,379.05 3,300.00 Concession Expense 11,280.35 10,635.00 Development 55,727.50 53,928.00 Educational Outreach 2,742.90 4,500.00 Events Expense 0.00 200.00 Facillity Expenses 18,924.12 17,721.00 Guild Expense 2,502.73 4,025.47 Insurance 69,463.67 88,767.40 Internet Expense 1,983.93 1,971.77 Marketing Expense 129,045.73 133,605.00 Office Supplies 8,881.90 8,294.94 Organizational Dues & Expenses 8,053.37 7,409.49 Payroll Taxes 70,572.12 68,562.48 Postage and Delivery 4,475.91 5,781.82 Professional Fees 36,931.14 20,844.00 Publication Subscriptions 70.00 0.00 Raffle Expense 1,000.00 1,000.00 Rental Expense 2,400.00 2,400.00 Repairs & Maintenance 3,091.14 1,653.98 Souvenir Expense 201.80 613.84 Staff Education 2,839.43 600.00 Telephone 13,925.81 13,440.00 Tessltura 38,248.86 37,677.00 Travel & Ent 197.42 200.00 Trips Expense 12,560.00 108,724.77 Utilities 20,108.80 20,000.00 Loan Repayment (Meyer) 0.00 20,000.00 Interest 180.70 0.00 Total Expense 1,816,696.97 1,642,094.01 Net Ordinary Income 48,568.21 0.00 Page 1 of 1 4:58 PM Broadway Rose Theatre Company 01/10/12 Cash Basis Balance Sheet As of December 31, 2011 Dec 31, 11 ASSETS Assets Checking/Savings Checking 92,975.90 Money Market 65,841.90 Petty Cash Boxes 450.00 Total Checking/Savings 15 9 s , 0 Total Current Assets 159,267.80 Fixed Assets Accumulated Depreciation - 321,484.58 Equipment - New Stage 230,753.47 Equipment - Original Cost 165,658.41 Theatre - New Stage 1,624,357.10 Total Fixed Assets 1,6g 9284.40 TOTAL ASSETS 1,858,552,20 LIABILITIES & EQUITY Liabilities Current Liabilities Credit Cards Bank of the West Mastercard (S) -87.62 Total Credit Cards -87,62 Other Current Liabilities NIP Meyer Memorial Trust 40,000.00 NIP Paragon Tile & Stone 3,105.80 Payroll Liabilities 212.96 Total Other Current Liabilities 43,318.76 Total Current Liabilities 43,231.14 Total Liabilities 43,231.14 Equity Capital Campaign Income 1,489,718.07 Opening Bal Equity 117,600.69 Retained Earnings 276,560.51 Net Income - 68,558.21 Total Equity 1,815,321.06 TOTAL LIABILITIES & EQUITY 1,858,552.20 Page 1 of 1 4:37 PM Broadway Rose Theatre Company 01/10/12 Cash Basis Profit & Loss Budget vs. Actual January through December 2011 Jan Dec 11 Ordinary IncomelExpense Income Annual Gala 47,610.00 Concession Income 19,901.20 Corporate Sponsorships 64,000.00 Development Trips 29,021.06 Educational Outreach. 13,886.66 Entertainment/Royalty Income 903.00 Events • Special 6,612.22 Grants 242,953.00 Guild 8,890.00 Individual Donations 147,810.24 Interest income 360.46 Program Advertising 7,388.15 Raffle Income 4,424.00 Rental Income 2,935.00 Shipping & Handling Income 6,422.52 Souvenir Sales 866.50 Ticket Sales 940,826.75 Interest 3,328.00 Total Income 1,548,138.76 Expense Administrative Expense 243,276.94 Annual Gala. 11,490.69 Artistic Programing 818,950.29 Bank Service Charges 24,190.67 Company Amenities 3,379.05 Concession Expense 11,280.35 Development 55,727.50 Educational Outreach 2,742.90 Events Expense 0.00 Facility Expenses 18,924.12 Guild Expense 2,502.73 Insurance 69,463.67 Internet Expense 1,983.93 Marketing Expense 129,045.73 Office Supplies 8,881.90 Organizational Dues & Expenses 8,053.37 Payroll Expense 0.00 Payroll Taxes 70,572.12 Postage and Delivery 4,475.91 Professional Fees 36,931.14 Publication Subscriptions 70.00 Raffle Expense 1,000.00 Rental Expense 2,400.00 Repairs & Maintenance 3,091.14 Souvenir Expense 201.80 Staff Education 2,839.43 Telephone 13,925.81 Tessitura 38,248.86 Travel & Ent 197.42 Trips Expense 12,560.00 Utilities 20, 108.80 Intend 180.70 Total Expense 1,616,696.97 Net Ordinary income - 68,558.21 Page 1 of 1 CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503 -639 -4171 FY 2012 -13 COMMUNITY EVENTS FUNDING REQUEST Due: February 10, 2012 Event Name: City of Tigard Dog Park Community Events Website: www.tigard - or.gov /community /parks/ Address: 11774 SW 125 Ct. City, State, Zip: Tigard, OR 97223 Contact Name: Chris Garsteck Telephone Number: (503) 347 -9841 E-mail address: kariba_or@msn.com 1. Request (express in whole dollar amounts only) Cash $ 400 In -Kind Services $ -0- Total Request $ 400 2. Purpose of Funding Request: The Tigard Dog Park Committee is a citizens group that works with the Tigard Parks Department to manage off -leash dog parks in the City of Tigard. This request is for funds to support the community events organized by the Committee at the off -leash dog parks and for human/canine educational materials which are available at the dog parks and on our website. The Dog Park Committee continues to be very grateful to have received previous grant funding. We strive to be good stewards of the funds for the benefit of the human and canine users of the dog parks. The grant funds will continue to help the Dog Park Committee provide the sense of `community' at the dog parks in the next fiscal year. Dog Days of Tigard: This is a celebration of Tigard's off -leash dog parks held at Potso Dog Park. Last summer's event was held on July 16, 2011. Attached is a copy of the advertising flyer for that event and The Tigard Times newspaper article about the event. The event was not as well attended as expected because of the unseasonable cool weather with that pesky Oregon drizzle. Despite the weather, many dogs had a fine time running the luring course set up by the North West Silken Windhounds Society. The Windhound club had demonstrations during the event and provided information to those in attendance. The Columbia Agility team put on a great agility show for all to watch. They answered questions and provided information on how to get your Tigard Dog Park Grant Application Page 1 of 4 canine involved in agility. Canines for Clean Water distributed informational brochures on the importance of `picking up' after your dog to help keep the rivers clean. Kim McMillan, project manager for the Burnham Street Renovation was on hand to let folks know about the upcoming grand opening celebration of the new Ash Ave dog park. 'PetUtopia' pet store displayed the latest doggie fashions. `At Home Doggy DayCare' gave out information on their indoor doggy daycare facility. Canine medical questions were answered by representatives from Dove Lewis and Murrayhill Veterinary Hospital. Deaf Dogs of Oregon gave out educational information and provided resources for support. Officer Tim Locke and a volunteer from Washington County Animal Services distributed brochures on the services that they provide to Washington County. `Musical hula - hoops' (canine version of musical chairs) was again, an event favorite and provided entertainment for both the game participants and the onlookers. The date for the next Dog Days of Tigard is scheduled for July 21, 2012. Grant funds will be used for creating advertising flyers and raffle /game prizes to supplement merchant donations. $225 Halloween Dog and Owner Costume Contest It was a great day at the Annual Halloween Costume Contest at Potso Dog Park. The sky was overcast but 27 entries put on their best costumes for this tenth annual event. The distinguished panel of judges included Tigard City Council President Gretchen Buehner (who was dressed appropriately in her judicial `robe') and Bulldogs Otis and Baby Zelda of Zelda's Wisdom. The two celebrity bulldogs, along with Ms. Buehner, saw witches, cowboys, skunks, pumpkins, wrestlers, and many other innovative costumes. Colleen Leach of Bowser's Bath (self service dog wash) located on Pacific Hwy donated a gift certificate for a Complete Self Service Dog Wash ($18 value). Greg White of Davidson's Casual Dining, located on Pacific Hwy, donated homemade doggie biscuits along with a coupon for a free root beer float for every contestant. Prizes were awarded for Best Overall Costume, Best Eco Friendly Costume, Most Original Costume, Best Family Costume, and Best Senior Costume. The Times Newspaper published an article promoting the event and pictures from the event (see attachments). Grant funds will be used for contest flyers and prizes for the October 2012 scheduled event. $125 Office Supplies; Educational flyers are posted at the dog parks throughout the summer. The flyers are printed on colored paper to draw dog owner's attention to them. Approximately 75 -100 copies of each are needed each year. Dog park updates and notifications are posted at each park letting users know when closures are scheduled; special events are upcoming and other information as needed. A general Tigard Dog Park Grant Application Page 2 of 4 dog park flyer about dog parks in the City of Tigard is made available at all of the dog parks. Grant funds will be used for laminating sheets, print cartridges and paper. $50 3. How will this event benefit the Tigard Community? The dog parks in Tigard bring people together in the community. This happens on a daily basis when users meet with their canine companions at the dog parks. The events sponsored by the Tigard Dog Park Committee, continue to be focused on providing a fun and informative venue for canines and their human companions. Tigard Dog Parks were recognized nationally in an article on the front page of USA Today dated December 8, 2011. The article noted that Portland has the highest per capita of dog parks. The community support for the dog parks was also highlighted as noted by the Trust for Public Lands, `There's a tremendous upsurge in demand and love for them [off leash dog areas]'. The `love' for the off leash areas was the driving force in getting the Parks Bond Measure passed last year. It was truly a `community effort'. 4. How many Tigard residents do you anticipate participating in this event (or these events)? For the year 2011, participation has been between 20 -45 residents at each event (Dog Days of Tigard and the Halloween Costume Party). Actual attendance is higher if non - residents are included. The poor weather at the Dog Days of Tigard event contributed to the low turnout this past year. Educational materials continue to reach over 175 users in distributed flyers alone. The materials are also posted throughout the dog parks so the total number of residents who additionally read the information, without taking a copy, would be higher but difficult to measure. Also, the City of Tigard's web site has information on how citizens can provide feedback on events, register concerns and make suggestions. The Committee works in conjunction with the City of Tigard Parks Department to respond to user's questions and emails. The Tigard Dog Park blog is another resource that is available to residents. 5. Please submit the following information with this request: a. Most recent annual budget compared with the prior year's actual revenues and expenditures. The Budget should identify the period to which it applies, beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. ** SEE ATTACHED b. Audit report or financial statements for the last fiscal year.** SEE ATTACHED c. Articles of Incorporation.* The Tigard Dog Park Committee is not incorporated. d. 501(c)(3) status.* The Tigard Dog Park Committee does not have 501 ©(3) status. e. Organization Bylaws.* See above. Tigard Dog Park Grant Application Page 3 of 4 * Information not required if it has been submitted at least once in the last five years. ** Lack of adequate financial information could result in denial of request. An electronic version of this application is available by contacting Liz Lutz at Lizbeth @tigard- or.gov. Attachments: 1. Financial statements for dog park accounts provided by the City of Tigard Finance Department. 2. Dog Days of Tigard 2011 advertising flyer 3. The Times Newspaper article on the Dog Days of Tigard 4. Halloween Costume Contest 2011 advertising flyer 5. The Times Newspaper article on the Halloween Costume Contest 6. USA Today front page dated December 8, 2011. Tigard Dog Park Grant Application Page 4 of 4 General Ledger Detailed Trial Balance t a t User: kathlecn Printed: 02/10/2012 - I2:25PM Period: Ol to 12.201I TIGARID Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance 100 GENERAL FUND LIABILITIES 100- 0000 -23308 Dog Park Tnts Account 0 .00 8/4/2010 CR 2 62 Cash Receipts Batch 304.08.2010 0.00 30.00 8/19/2010 CR 2 282 Cash Receipts Batch 419.08.2010 0.00 196.95 5/18/2011 AP 1 l 295 V001265 - Steve Wolff Ck# 202I95 61.87 0.00 6/30/2011 GL 12 533 Dog Park Donations - 2011 0.00 170.25 100-0000-23308 Totals: 0.00 - 1,965.79 61.87 397.20 - 2,301.12 100 -0000 LIABILITIES Totals: 0.00 - 1,965.79 61.87 397.20 - 2,301.12 LIABILITIES Totals: 0.00 - 1,965.79 61.87 397.20 - 2,301.12 100 Totals: 0.00 -1,965.79 61.87 397.20 - 2,301.12 Report Totals: 0.00 - 1,965.79 61.87 397.20 - 2.301.12 GL- Detailed Trial Balance (02/10/2012 - 12:25 PM) Page 1 General Ledger Detailed Trial Balance ' IIII S User. kathleen Printed: 02/10/2012 - 12:23PM Period: 01 to 12, 2011 TIGARD Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance 100 GENERAL FUND LIABILITIES 100 -0000 -23307 Dog Park Social Service Grant 0.00 7/13/2010 GL I 155 FY 10/11 Dog Park Donation 0.00 400.00 100 - 0000 -23307 Totals: 0.00 - 282.23 0.00 400.00 - 682.23 100 -0000 -23308 Dog Park Trust Account 0.00 8/4/2010 CR 2 62 Cash Receipts Batch 304.08.2010 0.00 30.00 8/19/2010 CR 2 282 Cash Receipts Batch 419.08.2010 0.00 196.95 5/18/2011 AP 11 295 V001265 - Steve Wolff Ck# 202195 61.87 0.00 6/30/2011 GL 12 533 Dog Park Donations - 2011 0.00 170.25 100 -0000 -23308 Totals: 0.00 - 1,965.79 61,87 397.20 - 2,301.12 100 -0000 LIABILITIES Totals: 0.00 - 2,248.02 61.87 797.20 - 2,983.35 LIABILITIES Totals: 0.00 - 2,248.02 61.87 797.20 - 2,983.35 100 Totals: 0.00 - 2,248.02 61.87 797.20 - 2,983.35 Report Totals: 0.00 - 2,248.02 61.87 797.20 - 2,983.35 GL - Detailed Trial Balance (02/10/2012 - 12:23 PM) Page 1 General Ledger Detailed Trial Balance IR III as User: kathleen Printed: 02/10/2012 - 12:25PM Period: 01to12,2011 TIGARLD P: Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance 100 GENERAL FUND LIABILITIES 100 - 0000 -23307 Dog Park Social Service Grant 0.00 7/13/2010 GL 1 155 FY 10/11 Dog Park Donation 0.00 400.00 100- 0000 -23307 Totals: 0.00 - 282.23 0.00 400.00 - 682.23 100 -0000 LIABILITIES Totals: 0.00 - 282.23 0.00 400.00 - 682.23 LIABILITIES Totals: 0.00 - 282.23 0.00 400.00 - 682.23 100 Totals: 0.00 - 282.23 0.00 400.00 - 682.23 Report Totals: 0.00 - 282.23 0.00 409.00 - 682.23 GL - Detailed Trial Balance (02/10/2012 - 12:25 PM) Page 1 CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503- 718 -2487 COMMUNITY EVENTS FUNDING REQUEST Due: February 10, 2012 Event Name: Compassion Tigard Address: 12176 SW Garden Place City, State, Zip: Tigard. OR 97223 Contact Name: Mary Richardson Telephone Number: (661) 904 -5053 E -mail address: kyleandmary06(yahoo.com 1. Request (express in whole dollar amounts only) Cash $ 15,000.00 In -Kind Services -hours (use of City property, City staff support, etc. Please explain the services requested on a separate sheet) Total Request $ 15,000.00 2. Purpose of Funding Request: Compassion Tigard is a catalytic event, in collaboration with local churches, social service agencies and the Tigard - Tualatin School District, that focuses on providing cost -free medical, dental and vision care to the underinsured and underprivileged residents of the City of Tigard. Between the 2010 and 2011 clinics, we have been able to provide services to over 3,000 Tigard residents. While this is a great achievement, the sad reality is that we had to turn away several hundred people each year. With the help of the grant, we would be able to expand our capacity to provide resources (such as bus passes and diapers), as well as purchase more dental equipment. With the addition of dental equipment, and a new partnership with the dental school at Portland Community College, we are hoping to double our capacity to meet dental needs this year. 3. How will this event benefit the Tigard Community? We believe that this event benefits the Tigard Community in two major ways: The first, and perhaps most obvious, is the benefit that this event provides to those residents who are underinsured and in need of medical /dental assistance. Last year we served over 1,000 people in some way. Physicians, dentists and optometrists saw over 300 of these guests. Volunteers giving free haircuts, serving meals and providing many other resources served the remaining guests. With your help, we hope to double our capacity to serve our guests, specifically in the dental area. The second benefit to the community is the partnership between schools, social service agencies, and faith -based organizations. Several years ago, a group of people gathered together and asked this question: "What would happen if we teamed together to serve the poor and underinsured in the city of Tigard ?" The result was Compassion Tigard. It has been extremely encouraging to see the strength of this partnership build over the past few years. For more information on this partnership, please see the attached recommendation letter from Susan Salkield and Susan Stark Haydon. We were also privileged to have Mayor Dirksen stop during the 2011 event and tour of the clinic. We were very encouraged by his kind words during the tour. 4. flow many Tigard residents do you anticipate participating in this event (or these events)? We believe that we will serve close to 1,400 residents this year. With the addition of the 400 volunteers it takes to organize this event, the grand total would be 1,800. 5. Please submit the following information with this request: a. Most recent annual budget compared with the prior year's actual revenues and expenditures. The Budget should identify the period to which it applies, beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year. c. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. Please note that a lack of adequate financial information could result in denial of request. Compassion Tigard Profit & Loss All Transactions December 30, '10 Previous Balance Income 10,280.00 4000 • Contributions 10,280,00 4020 • Non - Contributions 0.00 4020.05 • Sale of Food 0.00 4020.10 • Sale of Books 0.00 4020.15 • Sale of Audio 0.00 4020.20 • Sale of Video 0.00 4020.25 • Sale of Purchased Assets 0.00 4020.30 • Sale of Contributed Assets 0.00 4020.35 • Event Admission 0.00 4020.40 • Seminar Admission 0.00 4020.45 • Fellowship Functions 0.00 4020.50 • Interest 0.00 4020.55 • Miscellaneous 0.00 4020.60 • Fundraiser 0.00 4020.65 • Refund /Reimbursement 0,00 4020.70 Funds Transfer 0.00 4030 • In -Kind Donations 0.00 Expense 8,368.47 6000 • Administrative Support 1,325.95 6000.05 • Bank Fees 0.00 6000.10 Appreciation 131.90 6000.15 - Contract Labor 0.00 6000.20 • Telephone 0.00 6000.25 • Insurance 0.00 6000.30 • Office Equipment - Purchase 0.00 6000,35. Office Equipment - Rental 0.00 6000.40 • Office Equipment - Maintenance 0.00 6000.45 • Office Supplies 159.65 6000.50 • Computers 0.00 6000.51 • Computer Software 0.00 6000.52 • Computer Hardware 0.00 6000.53 • Internet/E- mail/Website 0.00 6000.55 • Vehicle Expenses 0.00 6000.60 • Legal (Contracts /Leases /etc.) 0.00 6000.65 • Postage 0.00 6000.70 • Photocopies 0.00 6000.75 • Meeting Expenses 34.40 6000.80 • Facility Rentals 0.00 6000.81 • Building Rentals 0.00 6000.82 • Unit Rentals 0.00 6000.85 • Miscellaneous 300.00 6000.90 • Clinic Membership Fee 700.00 6005 • Prayer Team 0.00 6005.05 • Volunteer Recruit 0.00 Page 1 of 8 Compassion Tigard Profit & Loss All Transactions December 30, '10 6005.10 • Networking /Communications 0.00 6005.15 Prayer/Worship Events 0.00 6010. Medical Team 0.00 6010.05 Prescriptions 0.00 6010.10 • Medical Equipment/Units 0.00 6010.15 • Volunteer Recruit 0.00 6010.20 • Medical Records 0.00 6010.25 • Networking /Communications 0.00 6015 • Dental Team 600.00 6015.05 • Prescriptions 0.00 6015.10 • Dental Equipment/Units 600.00 6015.15. Volunteer Recruit 0.00 6015.20 • Dental Records 0.00 6015.25 • Networking /Communications 0.00 6020 • Hospitality Team 3,400.91 6020.05 • Food 3,400.91 6020.10 Volunteer Recruit 0.00 6020.15 • EquipmentUnits 0.00 6020.20 • Decorations 0.00 6025 • Interpreters Team 0.00 6025.05 Volunteer Recruit 0.00 6025.10 • Training 0.00 6025.15 • Networking /Communications 0.00 6030 • Social Services Fair Team 65.07 6030.05 • Fair Decorations 65.07 6030.10 • Volunteer Recruit 0.00 6030.15 • Networking /Communications 0.00 6030.20 • Seminars 0.00 6030.25 Fair Activities 0.00 6035 • Equipment Management Team 145.42 6035.05 • Volunteer Recruit 0.00 6035.10 • Networking /Communications 0.00 6035.15 • Equipment/Units 145.42 6040 • Parking /Security Team 0.00 6040.05. Volunteer Recruit 0.00 6040.10 • Networking /Communications 0.00 6040.15 • Equipment/Units 0.00 Page 2 of 8 Compassion Tigard Profit & Loss All Transactions December 30, '10 6045 • Shuttle Service Team 0.00 6045.05 • Volunteer Recruit 0.00 6045.10 • Networking /Communications 0.00 6045.15 • Equipment/Units 0.00 6050 • Follow -Up Team 29.95 6050.05 • Volunteer Recruit 0.00 6050.10 • Networking /Communications 0.00 6050.15 • Equipment/Units 29.95 6050.20 • Follow -Up Activities 0.00 6055 • Public Relations Team 2,574.95 6055.05 • Media Networking /Communications 0.00 6055.10 • Printed Networking /Communications 727.00 8055.15 • Signs 0.00 6055.20 • T- Shirts 1,847.95 6055.25 • Volunteer Recruit 0.00 6055.30 • Equipment/Units 0.00 6060 • Leadership Team 0.00 6060.05 Insurance 0.00 6060.06 • Unemployment Insurance 0.00 6060.07 • Worker's Compensation Insurance 0.00 6060.10. OR - WBF Assessment 0.00 6060.15 • Staff Compensation 0.00 6060.16 • Base Salary 0.00 6060.17 • Housing Allowance 0.00 6060.18 • Medical Allowance 0.00 6060.19 • Life Insurance Allowance 0.00 6060.30 • Recruiting & Others 0.00 6060.35 • Meeting Costs 0.00 6060.40 • Mileage 0.00 6060.45 • Retreats 0.00 6060.50 • Accountability Plan Expenditures 0.00 6060.60 • Networking /Communications 0.00 6060.65 • Volunteer Recruit 0.00 6060.70 • Equipment/Units 0.00 6060.75 • Fundraisers 0.00 6065 • Children's Ministry Team 226.22 6065.05 • ToyslActivity Items /Give -Aways 226.22 6065.10 • Networking /Communications 0.00 6065.15 • Volunteer Recruit 0.00 6066.20. Equipment/Units 0.00 6065.25 • Security 0.00 Page 3 of 8 Compassion Tigard Profit & Loss All Transactions December 30,'10 6070 • Financial Team 0.00 6070.05 • Computer Software 0.00 6070.10 • Computer Hardware 0.00 6070.16 • Networking /Communications 0.00 6070.20 • Equipment/UnIts 0.00 6080 • In -Kind Donations 0.00 Total Income 10,280.00 Total Expense 8,368.47 Net Income 1,911.53 Page 4 of 8 CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503- 718 -2487 COMMUNITY EVENTS FUNDING REQUEST Due: February 10.2012 Event Name: MASK & MIRROR COMMUNITY THEATRE Address: 13166 BROADMOOR PLACE City, State, Zip: TIGARD. OR 97223 Contact Name: MARSHA TISDALE, Grant Coordinator Telephone Number: (503)739 -0118 E -mail address: mrisdale123(gtnail.cotn 1. Request (express in whole dollar amounts only) Cash $ 7,500.00 In -Kind Services -hours (use of City property, City staff support, *See attached etc. Please explain the services requested on a separate sheet) Total Request $ 7,500.00 2. Purpose of Funding Request: The purpose of funding is to help with facility rental for meetings, rehearsals, storage and performances. We currently rent the stage at Calvin Presbyterian Church in Tigard for our productions at a variable cost depending on our audience size with a minimum of $6000 per year. We will be renting storage space for scenery, props and costumes at approximately $1200 per year. We also rent various meeting and rehearsal spaces as needed. 3. How will this event benefit the Tigard Community? Our events will benefit the Tigard Community in providing entertainment, education, community social and creative outlet, community service, as well as a financial benefit. Entertainment: We present three productions each year with marketing to Tigard and Tualatin residents, although the productions are presented and staged in Tigard. These are family centric comedies, dramas and musical suitable for all ages. Approximately half of our audience comes from the Tigard community. Education: In addition to the education in theatre arts one gets from volunteering for one of our productions, we offer free acting classes to Tigard residents, as well as monthly public play readings (with the audience invited to participate) co- sponsored . with the Tigard and Tualatin Libraries. Community Service: Mask & Mirror Community Theatre is at it's heart a community - minded organization. Members and volunteers come together in supporting and volunteering at other community events such as community parades and festivals. Financial Benefit: It is well documented that theatre -goers often make attending a community theatre performance a "night -out" and include dinner before and/or a snack after at a local establishment as part of their activity. 4. How many Tigard residents do you anticipate participating in this event (or these events)? We anticipate the audience from Tigard for the 2011 -2012 season to be approximately 1500. We have completed the first production, "Green. Room", at which we had 398 in ticketed sales over nine performances taking place from November 4 — 20, 2011. We are currently in production for "Robin Hood, The Musical" for which 13 performances are planned in February 24 — March 16. Our third production of the season, "Murder at Brackenfern ", will include nine performances in May and June. We expect a 33% increase (to approximately 2000) in our second season since our first productions have been so well received by the Tigard Community. Interest has been shown, not only in attendance at our performances, but also with the number of members, volunteers and residents requesting our newsletters. In addition to the regular performances we have monthly library readings which have been well attended by Tigard residents. During this first season, we have participating volunteers (actors, crew, administration) of approximately 100 Tigard residents. 5. Please submit the following information with this request a. Most recent annual budget compared with the prior year's actual revenues and expenditures. The Budget should identify the period to which it applies, beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year. c. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. Please note that a lack of adequate financial information could result in denial of request. a. Since this is the first season of Mask & Mirror Community Theatre, we do not have a comparison with a prior year's actual expenses. We are including the actual budget for the first production as well as the three -year statement of revenue and expenses as submitted in our 501(c)3 application to the Internal Revenue Service. Additional pages indicating beginning/ending balances, major revenue sources, major expenditures as well as a list of leadership positions are included. b. We do not yet have an audit report of last year but are including financial statements. c. Articles of Incorporation is attached d. 501(c)3 status letter is attached e. Organizational Bylaws are attached, including amendments, as filed with the Office of Oregon Secretary of State ADDITIONAL INFORMATION IS INCLUDED IN THE APPENDIX AS FOLLOWS: Business Plan of Mask & Mirror Community Theatre Addendum: Founding Members Addendum: Current Leadership Newspaper Clipping on First Production Current Production Flyer Explanation for No 1 In -Kind Services: Mask & Mirror holds a quarterly meeting in September, December, March, and June. Up to 60 people may attend. We would like a room with chairs and a few tables to hold these meetings. We have 8'x 6' set pieces of wood that required storage, along with a few pieces of furniture and boxes of props and costumes. We would like safe storage for these items. We build our own sets and would appreciate use of a workshop area large enough to cut and paint sheets of plywood. Any help in the above matters would be greatly appreciated. MASK & MIRROR COMMUNITY THEATRE Production Results, November 4-20, 2011 THE GREEN ROOM RESULTS INCOME _ EXPENSES 398 tickets Item Cost $3,448 ticket revenue Business Cards for show $49.85 $320 concessions revenue Postcards $16.99 9 shows Stamps for postcards $17.98 $3,768 Total Show Revenue Gaffer & Glow tape $30.50 Furniture Rental, PCS $30.00 44 avg audience per show Food for load in crew $73.96 $383.11 avg ticket sales per show Costumes notions, props $31.11 $35.56 avg concessions per show Lumber for set $181.00 $0.80 avg concession per person Posters $135.00 Programs $229.00 Costume rentals $50.00 Misc ink, small stuff $50.00 Tool kit, zip ties $7.04 Concessions costs $102.47 Costume materials(Sue) $30.00 Props $25 Stage Rental $2,000.00 $3,768 Total Show Revenue Total Production Costs $3,059.90 $708.10 Net Income Gary Romans President y ' 911. A C) COMMUNITY THEATRE www.MaskAndMirror.com Info @MaskAndMirror.com cnY OF TIGARD, OREGON 13125 SW HAIL BLVD. TIGARD, OREGON 97223 503- 718 -2487 COMMUNITY EVENTS FUNDING REQUEST Due: Fchmm 10, 2012 Event Name: Tigard Area Farmers Market ( part of the Tigard Area Chamber of Commerce) Address: PO Box 230421 City, State, Zip: Tigard, Or 97223 Contact Name: Kim Marshall Telephone Number. 503- 639 -2900 E-mail address: tmanagex ©tigardfatmersmatket.Qrg 1. Request (express in whole dollar amounts only) Cash $8500.00 In -Bind Services - hours (use of City property, City staff support, etc. Please explain the services requested on a separate sheet) Total Request $8500.00 2. Purpose of Funding Request The TAFM is focused on bringing farmers, community and non - profits together in a way that benefits all. Fanners grow local produce, plants, and flowers; our Tigard Community members gather together to buy these products; and weekly non - profit booth space gives all the opportunity to give back. Tigard Area Farmers Market. GROW. GATHER. GIVE. Funds will be used to: • Support staff efforts • Increase marketing to improve the connection of the community to the market • Do healthy food demonstrations • Purchase earth friendly bags 3. How will this event benefit the Tigard Community? • Encourages customer attendance through community outreach - special events and programs designed to enhance the customers experience at the market. • Promotes the market through its website, newsletter, social media sites, relevant farmers market brochures, chamber marketing programs and other key community relationships such as the City of Tigard. • Supports non -profit organizations by giving them the opportunity to sell in our Community Service Booth with profits going directly to the organization. • Provides space for the Master Gardener volunteers to dispense gardening advice to customers, answering their questions and helping them with garden related problems. • The customers that shop at the Market come to buy locally grown and produced agricultural products, and to fed good about participating in a more sustainable food system. The responsibility for implementing sustainable practices falls to all of us in the market community, not just to our farmers. For that reason, the Tigard Area Partners Market has made a commitment to work towards becoming a more earth friendly event In a sustainable food system, it's not only the food that's important, but also how it is packaged and carried home. We will provide earth friendly bags for customers. • Provide broad access to fresh produce and artisan items, including to out residents who may be disabled. • Through the SNAP /EBT (food stamp) match we were able to help our Tigard area citizens stretch their food budgets. Our patrons were able to buy more fresh local fruits and vegetables for themselves and their families. • The market supports community feeling of Tigard: A Place to Call Home. Our goal is to communicate the benefits of buying local fresh produce: • Local foods are fresher and taste better • Local foods are seasonal • Local foods usually have less environmental impact • Local foods perverse green space and farm land • Local foods promote food safety • Local foods support our local economy • Local foods promote variety • Local foods create community 4. How many Tigard residents do you anticipate participating in this event (or these events)? We see an average of 1500 residents come to the market each Sunday, roughly 62,500 residents over a 25 week season. 5. Please submit the following information with this request: a. Most recent annual budget compared with the prior year's actual revenues and expenditures. The Budget should identify the period to which it applies, beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year. c. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last Eve years. Please note that a lack of adequate financial information could result in denial of request. 11:45 AM Tigard Area Farmers Market 02108/12 Profit & Loss Gash Basle January through December 2011 Jan - Dec 11 Income Charitable Fundraiser Income 550.00 Grant income 11,000.00 Interest Income 0.19 Other Income 20.35 Space Fees 33,800.00 Total Income 45,370.54 Expense Accounting/Bookkeeping 600.00 Bank Fee's 1,527.90 Charitable Contributions 350.00 Contract Labor 28,555 .00 Depreciation Expense 4,700.00 Dues and Subscriptions 811 .00 Insurance 3,622.97 Market Operating Expenses 2,947.80 Marketing 1,612.92 Office Supplies 1,052.65 Professional Services 1,870.72 Telecommunications 1,420.81 Token Processing - 497.22 Web Hosting 1,153.45 Total Expense 49,728.00 Net Income - 4,357.46 Page 1 247 PM Tigard Area Chamber of Commerce 02101/12 Profit & Loss Budget Overview Cash Basis July 2012 through June 2013 Jan 12 Feb 12 Mar 12 Apr 12 May 12 Jun 12 Jul 12 Aug 12 Sep 12 Oct 12 Nov 12 Dec 12 Total Ordinary Income/Expense Revenue Farmers Market Income FM Application Fees 0.00 500.00 500.00 100.00 100.00 100.00 100.00 100.00 0.00 0.00 0.00 0.00 1,500.00 FM Sponsorships 0.00 0.00 0.00 0.00 250.00 250.00 250.00 250.00 0.00 0.00 0.00 0.00 1,000.00 FM Space Fees 0,00 1,000.00 2,000.00 300.00 6,868.00 5,890_00 5,980.00 3,483.00 7,000.00 2,000.00 0.00 0.00 34,311.00 FM City of Tigard Grant 0.00 0.00 0.00 0.00 0.00 0.00 8,500.00 0.00 0.00 0.00 0.00 0.00 8,500.00 . FM New Seasons Grant 0,00 2,500,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 • 0.00 0,00 2,500.00 Total Farmers Market Income 0.00 4,000.00 2,500.00 400.00 7,008.03 6,240.00 14,830.00 3,833.00 7,000.00 2,000.00 0.00 0.00 47,811.00 Total Revenue 0.00 4,000.00 2,600.00 400.00 7,008.00 6,240.00 14,830.00 3,833.00 7,000.00 2,000.00 0.00 0.00 47,811.00 Expense Farmers Market Expenses FM Admin 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.90 400.00 400.00 4,800.00 FM Allocations 150.00 160.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 1,800.00 FM Bank Fees 35.00 35.00 35.00 235.00 235.00 235.00 235.00 235.00 235.00 235.00 35.00 35.00 1,820.00 FM Depreciation Expense 151.67 151.67 151.67 151.67 151.67 151.67 151.87 151.67 151.67 151.67 151.57 151.67 1,820.04 FIJI Webslte Hosting 131.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 131.00 FM Telecommunications 35.00 35.00 35.00 35.00 35.00 36.00 36.00 35.00 35.00 35.00 35.00 35.00 420.00 FM Office Supplies 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50,00 50.00 50.00 800.00 FM Marketing 200.00 0.00 0.00 0.00 333.33 333.33 433.33 433.33 433.33 433.33 0.00 0.00 2,599.98 FM Market Operating Expenses 809.00 0.00 0.00 0.00 312.00 312.00 354.00 354.00 354.00 354.00 0.00 0.00 2,649.00 FM Insurance 102.50 102.50 102.50 102.50 102.50 102.50 102.50 102.50 102.50 102.50 102.50 102.50 1,230.00 FM Leased Staff 2,205.90 2,206.90 2,205.90 2,205.90 3,036.45 3,036.45 2,938.14 2,938.14 2.938.14 2,938.14 2,205.90 2,205.90 31,060.86 Total Farmers Market Expenses 4,070.07 3,130.07 3,130.07 3,330.07 4,805.95 4,805.95 4,849.64 4,849.64 4,649.64 4,848.64 3,130.07 3,130.07 48,930.88 Net Income (4,070.' 868.93 (530.07) (2,930.07) 2,202.05 1,434.05 9,980.36 (1,016.64) 2,160.36 2,849.. ,130.07) (3,130.07) (1,119.88) Page 1 of 1 CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503 -718 -2487 COMMUNITY EVENTS FUNDING REQUEST 2012 Community Grant Request Due: February 10, 2012 Event Name: Annual Tigard Christmas Tree Lighting Address: no address City, State, Zip: Contact Name: Jane Davies Telephone Number: 503 -816 -7084 E -mail address: homes aganeDavies.cotn 1. Request (express in whole dollar amounts only) Cash $2500 In -Kind Services -hours (use of City property, City staff support, etc. Please explain the services requested on a separate sheet) See attached Total Request $2500 2. Purpose of Funding Request: The purpose is to assist in offsetting the costs associated with holding this annual free event which is held every year on the first Friday in December. Funding will also help to `grow' the event enabling marketing to the community at large as well as helping to defray associated costs such as staging, professional lighting, signs, banners, flyers as well as the cost of updating the tree lights and possibly adding lights to more trees. 3. How will this event benefit the Tigard Community? This event helps to foster a deeper sense of community to all residents. It helps create more downtown awareness. 4. How many Tigard residents do you anticipate participating in this event (or these events)? In recent years attendance has been 225 — 300. The desire is to grow it into something much larger to include more families, school children and churches. 5. Please submit the following information with this request: a. Most recent annual budget compared with the prior year's actual revenues and expenditures. The Budget should identify the period to which it applies, beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year. c. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. Please note that a lack of adequate financial information could result in denial of request. CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503 - 718 -2487 2012 Community Grant Request COMMUNITY EVENTS FUNDING REQUEST Continued... pg 2 Annual Tigard Christmas Tree Lighting Event In -Kind Service Hours: TVF &R Help with tree lights w/ lift truck $250 Transport Santa & Mrs. Claus $250 Tigard PD Traffic control night of event Create thank you banners Photography Gifts for children ... some years Parks & Rec Annual tree lighting check (Nov) Annual light removal (not recently) Help with electrical box Provide barricades Provide cones & candles as needed Provides speaker system City Hall Announcements: Cityscape & web Mayor speaks City Council attends City Property Held at Liberty Park Other In -Kind Services Tigard Times Oregonian Channel 12 — Kimberly Maus Tigard Chamber of Commerce Refreshments — hot chocolate, cookies, cider Volunteers CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503- 718 -2487 2012 Community Grant Request COMMUNITY EVENTS FUNDING REQUEST Continued... pg 3 Annual Tigard Christmas Tree Lighting Event A. Most recent annual budget compared with the prior year's actual revenues and expenditures. This event is run by Volunteers with no budget. Other than the in -king services provided costs in recent years have been out -of- pocket by those volunteers. This past year, 2011, professional staging and lighting was provided by the City of Tigard at an approximate cost of $500. (This was a tremendous improvement!) B. Audit report or financial statements for the last fiscal year. None. C. Articles of Incorporation None D. 501(c)(3) status None. It would be smart to grow the event to have this in place. E. Organization Bylaws None You can see that this event is run on the proverbial shoestring. This event is free and open to the public. Many families anticipate the event so that they will have the chance to meet Santa Claus, enjoy complimentary cocoa and cookies and mostly to enjoy a safe, fun evening out with their families. With limited funding, it has been an arduous task trying to keep up with the growing number of attendees; the demand for the event as well as retaining volunteers. A task force is being assembled in 2012 to explore new avenues for expanding the event. CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503 -718 -2487 COMMUNITY EVENTS FUNDING REQUEST Due: February 10, 2012 Event Name: 2012 Tigard High School Drug & Alcohol Free All Night Grad Celebration Address: PO Box 23664 City, State, Zip: Tigard, OR 97281 -3664 Contact Name: Debbie Walker Telephone Number: 503 - 620 -4911 home 503 - 703 -9694 cell E -mail address: debbie.walker @sammedical.com 1. Request (express in whole dollar amounts only) Cash $2,000 In - Kind Services - hours (use of City property, City staff support, etc. Please explain the services requested on a separate sheet) 1 hr for Police escort of buses to 15 after graduation ceremony Total Request $2,000 2. Purpose of Funding Request: To help off -set some of the cost of putting on this huge celebration for 300+ graduating seniors. The committee is an all parent volunteer group that has to raise all the money for the party. We get no school money for this event. The event is budgeted to cost $27,300 this year, which goes for the rental of the site, entertainment and activities at the site, food and prizes. We have many sources of funds, coming from grad party ticket sales, fundraising events, like the Fall Fling and partnerships with local restaurants, donations from parents and local businesses and grand awards. 3. How will this event benefit the Tigard Community? First and foremost, this event keeps 300+ graduates safe and supervised while having an unforgettable night to celebrate their graduation. They are not on the streets drinking and driving and putting themselves in danger. This event also brings together the whole community, from patent volunteers and school staff to local business supporters and community leaders. 4. How many Tigard residents do you anticipate participating in this event (or these events)? We hope to have 300+ graduates at the party, along with 30 -50 parent volunteers that either serve on the planning committee, volunteer to work the party or chaperone the party. We also have a community full of people that volunteer their time, money or products. It is truly a community effort! 5. Please submit the following information with this request: a. Most recent annual budget compared with the prior year's actual revenues and expenditures. The Budget should identify the period to which it applies, beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year. c. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. Please note that a lack of adequate financial information could result in denial of request. Page: 1 Graduation Celebration Committee Year to Date Income Statement For the Seven Months Ending January 31, 2012 Current Year Current Year Over /(Under) Variance Actual Budget Budget Percent Income Ticket Sales $ 2,825.00 $ 16,000.00 (13,175.00) (82.34) Donations - Corporate . 1,875.00 4,500.00 (2,625.00) (58.33) Donations - Parent 0..00 100.00 (100.00) (100.00) Fundraising - Balloon Festival 1,114.00 1,000.00 114.00 11.40 Fundraising - 50/50 Raffle 1,640.00 1,000.00 640.00 64.00 Fundraising - Fall Fling 1,420.35 1,800.00 (379.65) (21.09) Fundraising - Restaurants 786.41 500.00 286.41 57.28 Grants - City of Tigard -- 2,000.00 2,000.00 0.00 0.00 Grants - Juan Young Trust 0.00 1,500.00 (1,500.00) (100.00) Grants - Macerich Mgmt Co 500.00 0.00 500.00 0.00 Income- Interest 14.30 0.00 14.30 0.00 Total Income 12,175.06 28,400.00 (16,224.94) (57.13) ' Expenses Refunds 0.00 100.00 (100.00) (100.00) Site Rental 500.00 4,600.00 (4,100.00) (89.13) Entertainment 900.00 15,500.00 (14,600.00) (94.19) Decorations • 0.00 400.00 (400.00) (100.00) Food/Beverages 0.00 1,000.00 (1,000.00) (100.00) Gifts/Prizes 0.00 4,500.00 (4,500.00) (100.00) Advertising/Printing 0.00 100.00 (100.00) (100.00) Postage 70.00 400.00 (330.00) (82.50) Fundraising 0.00 200.00 (200.00) (100.00) Bank Fees 28.00 0.00 28.00 0.00 Donations 56.00 0.00 56.00 0.00 Miscellaneous 340.00 500.00 (160.00) (32.00) Total Expenses 1,894.00 27,300.00 (25,406.00) (93.06) • Net Income/(Loss) $ 10,281.06 $ 1,100.00 9,181.06 834.64 • Page: 1 Graduation Celebration mi li4e- Income Statement For the Seven Months Ending January. 31, 2012 Current Month Current Month Year to Date Year to Date This Year Last Year This Year Last Year Revenues Ticket Sales $ 2,825.00 $ 0.00 $ 2,825.00 $ 2,790.00 Donations - Corporate 1,375.00 1,050.00 1,875.00 1,600.00 Fundraising - Balloon Festival 0.00 0.00 1,114.00 1,000.00 Fundraising - 50/50 Raffle 0.00 0.00 1,640.00 1,075.00 Fundraising - Fall Fling 411.35 0.00 1,420.35 1,010.00 Fundraising - Restaurants 460.35 0.00 786.41 0.00 Grants - City of Tigard 0.00 - 0.00 2,000.00 2,000.00 Grants - Macerich Mgmt Co_. 0.00 0.00 500.00 0.00 Income- Interest 0.00 1.53 14.30 2.00 Total Revenues 5,071.70 1,051.53 12,175.06 9,477.00 Cost of Sales _ Total Cost of Sales 0.00 0.00 0.00 0.00 Gross Profit 5,071.70 1,051.53 12,175.06 9,477.00 Expenses Site Rental 0.00 0.00 500.00 550.00 Entertainment 0.00 0.00 900.00 0.00 Postage 70.00 70.00 70.00 70.00 Bank Fees 0.00 0.00 28.00 (5.00) Donations 0.00 0.00 56.00 0.00 Miscellaneous 0.00 0.00 340.00 0.00 Total Expenses . 70.00 70.00 1,894.00 615.00 Net Income $ 5,001.70 $ 981.53 $ 10,281.06 $ 8,862.00 For Management Purposes Only Page: l Graduation Celebration Committee Income Statement For the Twelve Months Ending June 30. 2011 .• Current Month Current Month Year to Date Year to Date This Year Last Year This Year Last Year Revenues Ticket Sales $ 5,080.00 $ 4,995.00 $ 15,655.00 $ 14,085.00 Donations - Corporate 150.00 350.00 4,30(100 3,900.00 Donations - Parent 0.00 85.00 0.00 535.00 Donations - THS Staff 0.00 997.00 0.00 997.00 Fundraising - Balloon Festival 0.00 0.00 1,000.00 1,000.00 Fundraising - 50/50 Raffle 0.00 0.00 1,075.00 1,131.00 Fundraising - Snack Shack 0.00 0.00 0.00 987.00 Fundraising - Fall Fling =-.- 0.00 0.00 1,390.25 826.23 Fundraising - Restaurants 0.00 232.99 0.00 232:99 Fundraising - Photography 42.00 0.00 42.00 0.00 Grants - City of Tigard 0.00 0.00 2,000.00 2,000.00 Grants - Juan Young Trust 0.00 0.00 1,500.00 1,500.00 Income- Interest 1.90 0.00 15.72 0.54 Total Revenues 5,273.90 6,659.99 26977 ` 97 _27,194.76 Cost of Sales Total Cost of Sales 0.00 0.00 0.00 0.00 Gross Profit 5,273.90 6,659.99 26,977.97 27,194.76 Expenses Refunds 0.00 100.00 0.00 150.00 \....../ Site Rental 0.00 0.00 5,500.00 5,050.00 Entertainment 0.00 2,760.00 12,725.00 12,625.00 Decorations 204.0 67.09 613.49 508.86 Food /Beverages 1,232.22 704.39 1,263.52 704.39 Gifts /Prizes 1,323.39 1,531.54 3,693.76 4,214.88 Advertising /Printing 300.00 0.00 300.00 0.00 Postage 0.00 0.00 378.00 334.00 Fundraising 0.00 0.00 197.66 528.50 Volunteer Expense 119.85 187.16 119.85 187.16 Bank Fees 0.00 0.00 0.00 27.32 Miscellaneous 0.00 15.28 0.00 767.78 Total Expenses 3.179.86 5,365.46 24,791.28 25,097.89 Net Income $ - 2,094.04 $ 1,294.53 $ 2,186.69 $ 2,096.87 'I ; \ I etta( UrAf S l For Management Purposes Only CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503 -718 -2487 COMMUNITY EVENTS FUNDING REQUEST Due; February ��1Q, 2012 Event Name: t ca act 1.1 t1 L 1,49.e <J Address: ? v Y 3o3 9 City, State, Zip: ( C & (}l I T) r 9 7 aR L Contact Name: j h C, let Telephone Number: ST 3 54 S" Vete 7 E-mail address: b r i'r f'.b tL i e Orin 1. Request (express in whole dollar amounts only) Cash ,)L`% 7 5 -Or ci e A 1 tin 1- 6- we.vwa.� -' $ .: In -Kind Services -hours (use of City property, City staff support, etc. Please explain the services requested on a separate sheet) Total Request $ 2. Purpose of Funding �R epquest: /� (f) ///�� w f� Tv � �T l�V C Y Yi tiLC�.+c y J CL �{A�.L.., k, V ,( co. v v.- "G. a 4,.e.' bL & ib% L - - 4-c,L c o 3. How will this event benefit the Tigard Community? 11 'Ne- C..t' k- PaaL c:La - let a s eAke-u l-t e.r.ea, - c5 c oppoc i i 4-i-es DA • .e. (i k t t�m.n '�``1 '- r's4' cl r . at. \ Pray r-ct-e at an ` ,54c- �- [� rc�- -Z_ -eANV i e e`a`,•. wwu.�- -4 v r- '4- c� w� , (f �� i ► 4 e4 . 4. How many Tigard residents do you antic pardctpating ins eventf or these 1 n /i events)? C(., r. (.� c� 1 v � �.t 0-4- Gar, k Ct. �:. �£e r ec�-e- i d— '' °C r - acs. v,-e -0 f f GLC�� 4- +15-\^--se £ 4 -se A - 4'4- -+l# 5 � 0"-Ca 1 5. Please submit the fo information with this request. a. Most recent annual budget compared with the prior year's actual revenues and expenditures. The Budget should identify the period to which it applies, beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year. c. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at Ieast once in the last five years. Please note that a lack of adequate financial information could result in denial of request. TLL EXPENSE 2012 2011 Budget (Ref) 2011 Actual 2012 Budget Reforecast 2012 Actual 1.01.00 Education 1.01.01 Baseball $1,000.00 $748.76 $1,000.00 $1,500.00 $300.00 1.01.02 Softball $2,500.00 $1,880.00 $2,000.00 $2,000.00 $1,080.00 1.01.03 Umpires - Baseball $0.00 $100.00 $100.00 $0.00 1.01.04 First Aid Training $0.00 $0.00 $0.00, Positive Coaches Alliance $0.00 $0.00 $0.00 Total Education $3,500.00 $2,628.76 $3,100.00 $3,600.00 $1,380.00 1.02.00 Cook Park Fields Capital Equipment _ 1.02.01 Dugouts and Bullpens $200.00 $356.87 $500.00 $500.00 $0.00 1.02.02 Dirt and Turface $0.00 $0.00 $0.00 1.02.025 Netting $1,000.00 $0.00 $0.00 $0,00 Misc. Equipment _ 1.02.03 Railings $0.00 $0.00 $0.00 1.02.04 Bleachers (Cook 3 & 4) $0.00 $0.00 $0.00 1.02.05 Misc - Replacement $0.00 $0.00 $0.00 Field Improvements _ 1.02.06 Baseball (Cook 1 & 2) $0.00 $0.00 $0.00 1.02.07 Softball (Cook 3 & 4) $0.00 $0.00 $0.00 Total Cook Park Fields $1,200.00 $356.87 $500.00 $500.00 $0.00 1.03.00 Equipment 1.03.01 Baseball Equipment $7,000.00 $6,730.06 $7,000.00 $4,500.00 $0.00 1.03.02 Softball Equipment $2,500.00 $2,540.13 $2,500.00 $2,500.00 $0.00 1.03.03 Umpire Equipment $350.00 $350.00 $400.00 $400.00 $0.00 1.03.035 Field Equipment (Breakaway Bases) $0.00 $0.00 $0.00 1.03.04 Baseball - Bullpens T $0.00 $0.00 $0.00 1.03.05 Softball -CFT $0.00 $0.00 $0.00 1.03.06 Softball- Metzger $0.00 $100 $0.00 Total Equipment $9,850.00 $9,620.19 $9,900.00 $7,400.00 $0.00 1.04.00 Field Maintenance -- Baseball 1.04.01 Bleachers $0.00 $0.00 $0.00 1.04.02 Chalk $0.00 $0.00 $0.00 1.04.03 Dirt $0.00 $0.00 $0.00 1.04.04 Fencing $0.00 $0.00 $0.00 1.04.05 Misc. Repairs $0.00 $0.00 $0.00 1.04.06 Tools $500.00 $579.48 $700.00 $700.00 $0.00 1.04.07 Fertilizer & Seed $0.00 $0.00 $0.00 1.04.08 Turface -MVP $0.00 $0.00 $0.00 1.04.09 Turface /Quick Dry /Chalk $2,000.00 $2,058.21 $2,200.00 $2,200.00 $0.00 1.04.10 Field Maintenance - Mary Woodward $500.00 $865.87 $500.00 $500.00 $0.00 1.04.11 Field Maintenance - Cook Park $0.00 $0.00 $0.00 Total Field Maintenance Baseball $3,000.00 $3,503.56 $3,400.00 $3,400.00 $0.00 Page 1 of 4 2/14/2012 TLL EXPENSE 2012 1.05.00 Field Maintenance-Softball _ 1.05.01 Chalk $0.00 $0.00 $0.00 1.05.02 Dirt $0.00 $0.00 $0.00 1.05.03 Misc-Repair $50.90 $0.00 $0.00 1.05.04 Fertilizer $0.00 $0.00 $0.00 1.05.05 Turface-MVP $0.00 $0.00 $0.00 1.05.05 Turface/Quick Dry/Chalk $1,000.00 $840.00 $1,000.00 $1,000.00 $0.00 1.05.10 Field Maintenance Mary Woodward $0.00 $0.00 $0.00 Total Field Maintenance Softball $1,000.00 $890.90 $1,000.00 $1,000.00 $0.00 1.07.00 Insurance 1.07.01 Additional Fields Insurance $161.60 $181.80 $200.00 $181.80 $181.80 1.07.02 Board & Volition $0.00 $0.00 $0.00 $0.00 1.07.03 Crime $205.00 $205.00 $205.00 $205.00 $205.00 1.07.04 Liability $1,953.00 $1,953.00 $1,983.30 $1,983.30 $1,983.30 1.07.05 Player Insurance $885.00 $865.00 $1,000.00 $1,920.00 $1,920.00 Total insurance $3,184.60 $3,204.80 $3,388.30 $4,290.10 $4,290.10 1.08.00 LL Charter Expense $944.00 $976.00 $1,072.00 $976.00 $976.00 1.09.00 Tigard Home Plate 1.09.01 Inventory $6,500.00 $5,164.25 $6,000.00 $6,000.00 $0.00 1.09.02 Equipment $200.00 $252.65 $200.00 $200.00 $0.00 1.09.03 Building Improvements X200.00 $115.00 $10Q.00 $100.00 $0.00 1.09.04 Special Sales $0.00 $0.00 $0.00 Total Tigard Home Plate $6,900.00 $5,531.90 $6,300.00 $6,300.00 $0.00 1.10.00 TLL Apparrel Sales Expense 1.10.01 Baseball Apparel Sales $5,000.00 $7,759.21 $3,500.00 $2,500.00 $0.00 1.10.02 _Softball Apparel Sales $1,000.00 $2,456.66 $1,000.00 $1,000.00 $0.00 1.10.03 Decal Sales $0.00 $0.00 $0.00 Total ApparelSales Expense $6,000.00 $10,215.87 $4,500.00 $3,500.00 $0.00 1.11.00 Umpire Expense 1.11.01 Baseball $6,000.00 $8,141.75 $8,500.00 $8,000.00 $0.00 1.11.02 Softball $2,700.00 $3,354.00 $3,500.00 $3,400.00 $0.00 1.11.03 Fall Ball $1,000.00 $973.75 $1,200.00 $1,400.00 $1,196.25 Total Umpire Expense $9,700.00 $12,469.50 $13,200.00 $12,800.00 $1,196.25 1.12.00 Cook Park Expansion 1.12.01 Land Purchase $0.00 $0.00 $0.00 $0.00 1.12.02 Concession Improvements $16,730.00 $16,730.89 $15,435.61 $16,148.14 $16,148.14 Total Cook Park $16,730.00 $16,730.89 $15,435.61 $16,148.14 $16,148.14 Page 2 of 4 2/14/2012 TLL EXPENSE 2012 1.13.00 Room Rentals 1.13.01 Baseball $400.00 $514.50 $1,000.00 $1,000.00 $0.00 1.13.02 Softball $1,300.00 $1,449.00 $1,500.00 $1,500.00 $0.00 1.13.03 Baseball Tryouts $1,100.00 $504.00 $500.00 $500.00 $300.00 1.13.04 Softball Tryouts $0.00 $0.00 1.13.05 Board Meetings $100.00 $0.00 $0.00 $0.00 1.13.06 Storage $4,500.00 $6,048.00 $6,200.00 $6,200.00 $2,076.00 1.13.07 CPR Training $0.00 $0.00 $0.00 Total Room Rental $7,400.00 $8,515.50 $9,200.00 $9,200.00 $2,376.00 1.14.00 Utilities 1.14.01 Alarm Service $0.00 $0.00 $0.00 $0.00 1.14.02 Garbage Collection $0.00 $0.00 $0.00 $0.00 1.14.03 Sanitation Removal $3,500.00 $3,541.25 $4,000.00 $4,000.00 - $47.98 1.14.04 Telephone $500.00 $430.92 $500.00 $500.00 $145.36 1.14.05 Electric Cook Park $0.00 $0.00 $0.00 $0.00 Total Utilities $4,000.00 $3,972.17 $4,500.00 $4,500.00 $97.38 1.15.00 Operation Expenses 1.15.01 Sponsorship Expense $1,000.00 $1,050.00 $1,500.00 $1,500.00 $0.00 1.15.02 Postage $500.00 $413.15 $300.00 $300.00 $46.00 1.15.03 Printing $1,000.00 $952.44 $800.00 $800.00 $257.00 1.15.04 Awards & Pins $400.00 $0.00 $0.00 $0.00 1.15.05 Books $0.00 $165.00 $200.00 $200.00 $175.00 1.15.06 Web Site $2,800.00 $3,635.36 $4,000.00 $4,000.00 $2,409.53 1.15.07 Opening Day Supplies $100.00 $109.25 $200.00 $200.00 $0.00 1.15.08 Admin. Supplies $800.00 $746.15 $800.00 $800.00 $9.29 1.15.09 Registration Supplies $1,500.00 $1,401.46 $1,000.00 $500.00 $394.64 1.15.10 Safety Supplies $0.00 $0.00 $1,000.00 $0.00 $0.00 1.15.11 Cartography $0.00 $0.00 $0.00 $0.00 1.15.12 CT 12 Tax Report - $100.00 $107.00 $150.00 $150.00 $50.00 1.15.13 Board Meeting Expense $200.00 $15.25 $200.00 $200.00 $0.00 1.15.14 Petty Cash $200.00 $200.00 $200.00 $200.00 $200.00 1.15.15 Visa/MC Processing Fee $4,000.00 $3,265.98 $3,600.00 $3,600.00 $1,290.42 1.15.16 Bad Check Expense $50.00 $0.00 $200.00 $200.00 $0.00 1.15.17 Banking Fees $50.00 $43.00 $100.00 $100.00 $0.00 1.15.18 Background Checks $150.00 $121.00 $150.00 $150.00 $0.00 Total Ops Expenses $12,850.00 $12,226.04 $14,400.00 $12,900.00 $4,831.88 1.16.00 Contributions 1.16.01 Alpenrose World Series/Regional Toum $0.00 $200.00 $250.00 $0.00 1.16.02 Service Awards $500.00 $300.00 $400.00 $400.00 $0.00 1.16.03 Registration Drawing $0.00 $0.00 $0.00 1.16.04 Fountain Memorial $0.00 $200.00 $200.00 $0.00 1.16.05 Tryouts Contribution $0.00 $0.00 $0.00, Total Contributions $500.00 $300.00 $800.00 $850.00 $0.00 Page 3 of 4 2/14/2012 TLL EXPENSE 2012 1.17.00 Tournament Fees 1.17.01 Baseball Post Season $3,200.00 $3,455.00 $3,500.00 $3,500.00 $0.00 1.17.02 Softball Tournaments $1,800.00 $1,335.00 $1,500.00 $1,500.00 $0.00 1.17.03 9/10 District 4 Honors Tournament $1,000.00 $98.60 $500.00 $500.00 $0.00 1.17.04 Post Season Team Expenses $1,200.00 $1,152.80 $1,200.00 $1,200.00 $0.00 Total Tournament Fees $7,200.00 $6,041.40 $6,700.00 $6,700.00 $0.00 1.18.00 Uniforms 1.18.01 Baseball 1.18.011 A $5,600.00 $4,331.28 $4,800.00 $4,200.00 $0.00 1.18.012 AA $5,500.00 $5,981.29 $6,000.00 $4,000.00 $0.00 1.18.013 AAA $6, 000.00 $6,187.54 $6,500.00 $6,000.00 $5,910.20 1.18.014 Majors $5,800.00 $4,125.03 $4,500.00 $3,800.00 $0.00 1.18.02 Pee Wee $5,500.00 $3,047.42 $4,000.00 $4,000.00 $0.00 1.18.03 Softball - 1.18.031 A $2,500.00 $2,284.64 $2,500.00 $2,500.00 $0.00 1.18.032 AA $2,500.00 $2,899.74 $3,000.00 $3,000.00 $0.00 1.18.033 AAA $2,500.00 $2,899.74 $3,000.00 $3,000.00 $0.00 1.18.034 Majors/JV $2,300.00 $702.97 $1,000.00 $1,000.00 $0.00 1.18.04 Baseball Post Season $2,800.00 $8,415.76 $1,000.00 $2,000.00 $0.00 1.18.05 Softball Post Seaston $2,600.00 $1,683.20 $2,000.00 $2,000.00 $0.00 1.18.06 Patches 0.00 $261.50 $250.00 250.00 $0.00 1.18.07 Um .ire Shirts _ $0.00 $0.00 _ $0.00 Total Uniforms $43,600.00 $42,820.11 $38,550.00 $35,750.00 $5,910.20 1.19.00 Scholarship Expense $6,500.00 $6,640.00 $7,000.00 $6,000.00 $5,150.00 1.20.00 Cook Park Payment Appropriation $0.00 $0.00 $0.00 $0.00 $0.00 1.30.00 Capital Improvement Appropriation $16,600.00 $16,574.81 $12,143.09 $7,775.76 $0.00 Total Expenses 5160.558.60 ,1,$3.218.27 1155.089.00 5143.590.00 542.355.95 Page 4 of 4 2/14/2012 CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503 -718 -2487 COMMUNITY EVENTS FUNDING REQUEST Due: February 10.2012 Event Name: Tigard Safety Town Address: P.O. Box 230726 City, State, Zip: Turd, OR Contact Name: Jenny Davis Telephone Number. 503 - 579 -1365 E -mail address: jlbdavis@frontter.com 1. Request (express in whole dollar amounts only) Cash $4,550 In -Rind Services-hours (use of City property, City staff support, etc. Please explain the services requested on a separate sheet) see attached Total Request $ 4,550 2. Purpose of Funding Request: The purpose of the funding request is to help maintain a relatively low cost for participants. In 2011 the cost to operate Tigard Safety Town increased and will increase again in 2012. We would like to offset the recent increase we have incurred from the Tigard Tualatin School District for the use of Mary Woodward Elementary. 3. How will this event benefit the Tigard Community? Tigard Safety Town benefits the Tigard community by providing safety instruction to preschoolers and kindergarteners. In 2012 Tigard Safety Town will celebrate its 40th year serving the children in our community. 4. How many Tigard residents do you anticipate participating in this event (or these events)? 170 5. Please submit the following information with this request: a. Most recent annual budget compared with the prior year's actual revenues and expenditures. The Budget should identify the period to which it applies, beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year. c. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. Please note that a lack of adequate financial information could result in denial of request. Community Events Funding Request — Tigard Safety Town 1- In kind services - Currently Tigard Safety Town is required to purchase general liability insurance at a cost of approximately $3,000. In previous years Tigard Safety Town was able to use an insurance rider through the city. If possible, we would like to use a rider through the city again. Tigard Safety Town Financial Statement 2012 Budget Year o Ot.;r ( 2012 Actual I INFLOWS :IP*i1A— itii): d 0K; �Y'. Donations Received � ti.-, N � r- Grants N�k , &;a Tuition 4 ' «'�' ` l it TOTAL INFLOWS ; ., . a . 5 ! @ .. $0.00 Financial Aid - Scholarships F 4 @�� Oki OUTFLOWS s �, ��.., 4tnW; Bank Charges 3r a toe::: � .',.,; Board Expenses 1 s .,- • 5 E ui ment" ' Gift Certificates - Student Helpers 6,„,,._ Gifts - Speakers L ; 'l.'' - 0y " ` Ot Gifts Sponsors tf (s '611\;1'''!!4'...›.-40 4 . , : fi . Insurance ) t ir' bi G d : f,. Maintenance :House and Car 5, . • �� •, ;, � .q'.:._; " :: Maintenance : Painting Blacktop ,,; `' "' : 44 . , `x • '2 - ' —,,: Miscellaneous�..,, ' n, • Post Office Box Rental _:. • • �, Payroll Expenses r f • Postage c am, •�:3x�,., �. :� � .: Printing - 0 : .. V Publicity , f -, T Rent N. y a' v p' ,' . Special Programs a5-a �. v' z i y c :;; „ps i Supplies . z .,zP .. * j e. Art Supplies ;ice, ” $ :� ' ,i"r Office Supplies w � 't' ° : 412 A . ,:,e , . ` , . a� Supplies /Other w O ;,,4, # Registration � Student Instructor Party ,' kr Y r ` N4 T-shirts S � Tax and Licenses Website Set -up and Maintenance a 0. T ' TOTAL OUTFLOWS s,, 40-147 i3 $0.00 WAMPWRPROW NET CASH INFLOW (OUTFLOWS) , 4w.., A a $0.00 • BEGINNING CASH z -' '�` `' W ENDING CASH W I $19,419.44 I Prepared by Alien Wood 2/6/2012 Tigard Safety Town Financial Statement 2011 Budget Year M"a r ` l I 2011 Actual I INFLOWS g y y Y '" 414.40 Donations Received , , - 4750 Tuition M „ ;x, 9285 , 1.4ivavv-20k , 17; TOTAL INFLOWS „: ,, $14,035.00 Financial Aid - Scholarship Allocation . E 65 OUTFLOWS ,;� y ; dti Bank Charges 4.4 y� y a , y �� T , 4 Board Expenses 1'; h�” _ 254.05 Equipment 74- o s 4' 61.26 Gift Certificates - Student Helpers l 960 Gifts - Speakers . dil fi . ` 4 i , - 4 200 Gifts - Sponsors 4 r t' .0 ' , E h Insurance' ' , k 2944 Maintenance : House and Car 4 €x 1148.74 Maintenance : Painting Blacktop "p - , j < kM � 0 Miscellaneous ' p , ' Post Office Box Rental * 'mss¢ , 70.00 Payroll Expenses �'' l ' an . 3500.00 Postage • ;,` geh8Z a 67.32 Printing 4 t�' 1l i :t s 381.26 Publicity ..�; �.' q. « 2069 Rent ,at m4� Special Programs i e>T ,„ Supplies ; , ,• Art Supplies '� €� {r Office ' ` 98.32 e T9 ffice Supplies R '� z 49.16 Supplies/Other r ^' - j� rtr r °. Registration ;a } ` 36.14 Student Instructor Party ,' -, r s 4 `� :'" 92.00 4 r o T -shirts ' °vr; 1200.00 �� t Tax and Licenses 60.00 s^ ,;,,,"� ,,�.,, "'"' Website Set -up and Maintenance 0 `� G i ` g ' 9.14 . 46:,..,04...044444W , :. rmS TOTAL OUTFLOWS W i' „ ? f $13,182.11 i. NET CASH INFLOW (OUTFLOWS) IG Wy $852 89 BEGINNING CASH k,; j 1," ... �.. 2c;' ENDING CASH ( $19,419.44 I Prepared by Allen Wood 2/6/2012 CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503 -639 -4171 FY 2012 -2013 COMMUNITY EVENTS FUNDING REQUEST Event Name: Tualatin Riverkeepers' Nature Recreation Events Address: 11675 SW Hazelbrook Drive City, State, Zip: Tualatin, OR 97062 Contact Name: 1vloziica Smiley Telephone Number: 503- 218 -2580 E-mail address: pamica@tualatinriverkeepers.org 1. Request (express in whole dollar amounts only) Cash $2,500 (see attached budget) In -Kind Services (use of City property, City staff support, $ etc. Please explain the services requested on a separate sheet) Total Request $2,500 2. Purpose of Funding Request: Nature Recreation: Connecting Tigard Residents to the River in Their Community Outdoor recreation opportunities that are low cost, close to home, require minimal time commitment, and are available for families are lacking in Washington County. These factors identified in "The Hispanic Community and Outdoor Recreation," report by the Outdoor Industry Foundation, 2007 are the primary barriers to culturally diverse populations participating in outdoor recreation activities. By removing these barriers to involvement, diverse populations can enjoy the benefits of outdoor recreation with Tualatin Riverkeepers (TRK). Outdoor recreation promotes fitness and has a positive effect on family functioning. Participating in these activities also creates awareness and engages people in activities that secure a healthy environment. Last year, TRK successfully changed the demographics of people participating in its signature Discovery Day Paddle Trip event (June) to 80% paddling the Tualatin for the first time and 20% being people of color. TRK achieved this success by providing local access, low cost gear rentals, developing shorter 2 hour experiences, and targeting outreach to families with children. TRK will use this model to increase participation of first time paddlers and people of color in all its summer 2012 outdoor recreation opportunities in Tigard. Goal : Tualatin Riverkeepers (TRK) will provide canoe and kayak experiences on the Tualatin River for 700 participants at Cook Park in Tigard in 2012 -2013. Family Day Paddle August 11, 9am - 12pm & 11am — 2pm, Cook Park, 64 participants. Participants will experience the Tualatin led by trained volunteer guides. Expert led paddle trips give extra support to paddlers new to the sport or anyone who needs an extra hand to lift, haul, launch, paddle or dock their canoe or kayak. Guided trips also provide the depth of experience that is only possible when led by a mentor. Guides will share stories, wildlife observation techniques and natural history. Nature Day Camp, July 19, July 26, August 9, Aug 17, Cook Park, 80 participants. Campers participating in Summer Nature Day Camp at summer Creek Natual Area with paddle the Tualatin led by TRK's trained guides. Cook Park Summer Boat Rentals, Weekends, loam — 6pm, June — September, 400 participants. Cook Park Boat Rentals will greatly expand opportunities to experience the Tualatin River though paddle recreation by making boats and gear available to the public for rent seasonally. Guided Kayak Tours, Four Summer Dates TBD at Cook Park, 100 participants. TRK will partners with organizations and groups to lead guided tours for groups. TRK will partner with organizations that serve communities of color and people with disabilities to ensure the demographics of participants reflects the demographics of the community of Tigard. Tualatin River Clean Up Via Canoe, Event Dates TBD, 70 participants. TRK will engage 70 participants in on the river clean up. For new audiences, river clean up provides a tangible environmental volunteer experience coupled with all the beauty, wildlife and solitude of a nature recreation adventure. TRK will target partner organizations that serve diverse communities for participation in river clean up. 3. How will this event benefit the Tigard Community? TRK will provide canoe and kayak experiences on the Tualatin River for 700 people at Cook Park in Tigard in 2012. Of those, 400 will be residents of Tigard. Program participants learn skills to increase their awareness and enjoyment of the natural world for a life time. First time paddlers who participate in guided canoe and kayak trips gain the skills and confidence needed to then venture out and repeat these experiences on their own. Additionally, recreation programs encourage physical activity and promote a healthful lifestyle. Free and low cost nature recreation experiences are designed to maximize participation to achieve TRK's goal to foster long term stewardship for the Tualatin River and broader watershed. This City of Tigard Community Grant enables TRK to provide Nature Recreation opportunities in Tigard. 4. How many Tigard residents do you anticipate participating in this event (or these events)? We anticipate 700 people will participate in TRK's Nature Recreation and Education programs in the City of Tigard in 2012. 400 of the participants will be Tigard residents. 5. Please submit the following information with this request: a. Most recent annual budget compared with the prior year's actual revenues and expenditures. The Budget should identify the period to which it applies, beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. ** b. Audit report or financial statements for the last fiscal year. ** c. Articles of Incorporation.* d, 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. ** Lack of adequate financial information could result in denial of request. TUALATIN RIVERKEEPERS Statement of Activities Trips & City of Tours Tigard Expenses Personnel Salaries 14,569 1,250 Payroll Taxes 2,500 Health Care 1 ,160 Retirement 600 Payroll fees & charges 227 LINKS members Total Personnel Expenses 19,056 Operating Contract Services 3,000 Events Expense 500 250 Occupancy 840 Postage & Printing 2,100 350 Office Costs 1,510 250 Insurance 2,461 250 Travel 190 50 Equipment Expenses 199 50 Advertising 60 Misc (CC & Bank Fees) 300 Meetings /Food & Beverage' 150 MembershipNolunteer 240 50 Board Development 170 Professional Dues & Memb 75 Business Liscenses & Fees 195 Subscriptions / Publications 40 Total Operating Expenses 12,030 Total Expenses 31,086 2,500 Tigard Trips and Tours 2012 -2013 Printed 2/13/2012 5:12 PM CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503 - 718 -2487 COMMUNITY EVENTS FUNDING REQUEST Due: February 10, 2012 Event Name: 77/44 / 4 7 A / VA 146Y et /1ti Allp Address: see 60X ,73o7 City, State, Zip: - 774A- ea. `77 21 I Contact Name: /9 ' Telephone Number: 5D3 , 03/ 9 () ) E -mail address: J,tit /-9 x47216" Q- /40Z.. -Corr? 1. Request (express in whole dollar amounts only) Cash $ �, O't3Z PD In -Kind Services -hours (use of City property, City staff support, etc. Please explain the services requested on a separate sheet) e o 7r"e4 6 -H6t> Total Request $ a7, , — r • e5rD 2. Purpose of Funding Request: .56'6 4 CH 6 3. How will this event benefit the Tigard Community? ,S r- /4 C. 44 G� 4. How many Tigard residents do you anticipate participating in this event (or these events)? S• . ,4 7711 5. Please submit the following information with this request: a. Most recent annual budget compared with the prior year's actual revenues and expenditures. The Budget should identify the period to which it applies, beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year. c. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. Please note that a lack of adequate financial information could result in denial of request. Attachment to 'Community Events Funding Request FY 2012 -2013' Tualatin Valley Community Band In -Kind Services - hours: Use of the Bishop Scheckla Pavilion at Cook Park for summer concerts and rehearsals. (Confirmation /Permit received for Summer 2012). Purpose of Funding Request: To partially fund four free (no charge to attend) concerts for the community. Funds provided will go toward the purchase of music, performance venue rental (when not donated), and advertising to promote concerts to the community. These concerts also provide a performance opportunity for youth and adult members of the community. With community support, our all- volunteer organization is able to minimize the cost of participation to members of the band. How will this event benefit the Tigard Community? Our FREE family friendly concerts are offered throughout the year, promoting the values of the community and offering an opportunity for members of the Tigard community, to be exposed to a quality cultural experience. Not only do community members of all ages attend and enjoy TVCB's performances, but our members range in age from 14 — 80 +. How many Tigard residents do you anticipate participating in this event? Over 50% of our band members are residents of Tigard. Our concerts are open to the general public and we will perform before 1,500 to 2,000 people in those four concerts, not including the 4th of July celebration, which always has a substantial gathering. The 'Music Is For Life' concert brings together the band and students from within the Tigard /Tualatin School District and donations received at that concert go directly to our scholarship program; our Sounds of Summer concert in Cook Park is always well attended (many residents bring picnics and their families play nearby while enjoying the music); and our Winter Holiday concert regularly fills Deb Fennell auditorium. In 2012, we also anticipate offering a 'themed' concert in May or June, and are looking in to the possibility of performing for the Tigard Tree Lighting in December. To note, in the summer we rehearse on Tuesday nights at the Cook Park gazebo and there are residents who come down just to listen to us rehearse — makes for a pretty pleasant summer evening. Thank you for the opportunity to submit this FY2012 -2013 Funding Request. Your financial support, as well as providing the band with a place to rehearse and perform in the summer, is vital to our organization. Respectfully submitted, Sue Lamb, TVCB President /Trumpet Dated: 2/01/12 Tualatin Valley Community Band 2012 Budget Prepared 1/23/2012 - Revised 2/6/2012 BUDGET ACTUAL PROPOSED CY -2011 CY -2011 CY -2012 GENERAL FUND INCOME Uncategorized CD Archive Sales $200.00 $0.00 $200.00 Donations $3,100.00 4131 $3,100.00 Folio Purchase 69.65 $139.30 TVCB Shirt Sales $250.00 205 $250.00 Interest Income Checking $25.00 $21.95 $25.00 Replacement Music TOTAL INCOME $3,575.00 $4,427.60 $3,714.30 EXPENSES Ads - Publicity $200.00 $100.00 Business Tax $80.00 $60.00 $80.00 Insurance $550.00 $455.00 $500.00 Office Supplies $30.00 $15.79 $30.00 P 0 Box Rent $50.00 $44.00 $46.00 Postage $15.00 $0.00 $22.00 CD Costs $200.00 $125.00 $300.00 Entry Fees $150.00 $150.00 $150.00 Rehearsal space $200.00 $0.00 $200.00 Finance Charge Rent Paid (Concerts) $1,400.00 $1,192.00 $1,400.00 Concert Expenses $100.00 $10.00 $75.00 Music Performance Rights $275.00 $0.00 $550.00 Instrument Rental (TTSD) Instrument Service Instruments Printing Donations TVCB Shirts $200.00 $220.00 $200.00 Music Purchases $800.00 $725.10 $800.00 Music shipping $80.00 $34.90 $80.00 Shipping (music return) $50.00 $33.10 $50.00 Folios $348.25 Miscellaneous(audio system) $500.00 TOTAL EXPENSES $3,255.00 $2 713.35 $4,008.00 SCHOLARSHIP FUND Starting Balance Final Balance $3,821.94 $2,681.02 Interest Income CD Scholarship $120.00 $121.00 $120.00 Scholarship Donations $100.00 $248.25 $240.00 Total Income $220.00 $369.25 $360.00 Expenses $1,500.00 $1,500.00 $1,500.00 Final Balance $3,821.94 2681.02 $1,541.02 NET BALANCE CHANGE - $1,140.00 COMMUNITY EVENTS FUNDING REQUEST Due: February 10. 2012 Event Name: Washington County Museum's Free! Family Day Address: 17677 NW Springyille Road, Portland, OR 97229 City, State, Zip: Portland, OR 97229 Contact Name: Karen Norris, Development Officer Telephone Number. 503.645.5353 x110 E-mail address: karen @WashingtonCountMuseum.org 1. Request (express in whole dollar amounts only) Cash $1,200 In -Kind Services -hours (use of City property, City staff support, etc. Please explain the services requested on a separate sheet) Total Request $1,200 2. Purpose of Funding Request: The Museum respectfully requests a $1,200 grant to bring its Free! Family Day program to Tigard for one Saturday during the summer of 2012 (date to be determined). Funding will provide free hands -on arts, culture and history activities for local children and families. Free! Family Day, our most popular program, is held at the Museum monthly on the second Saturday throughout the school year (September to June). On these Saturdays, Museum admission is free for families. Each themed event features an an and craft activity and a history activity that both relate to a specific culture or spirit of the season. While 10 events are held monthly at the Museum, another four to six, Free! Family Days on the Road, take place at locations in Forest Grove /Cornelius, Tigard/Tualatin, Beaverton and Sherwood. This allows families from other Washington County communities to more easily participate without having to travel to the Museum on Portland Community College's Rock Creek Campus. Upon notification of funding, the Museum will work with local community organizations to identify a location and available date for Free! Family Day in Tigardd. Venue possibilities include the Tigard Public Library, John Tigard House (in conjunction with the Tigard Historical Association) or the Tigard Area Fanners Market. The Museum has successfully brought Free! Family Day to the Beaverton City Library and Hillsboro Tuesday Marketplace. This funding would allow us to reach the Tigard community in the same way. The Museum presents Free! Family Days with partnering organization Print Arts Northwest — a local nonprofit arts organization that represents professional printmakers in the greater Northwest Region. Print Arts Northwest maintains its gallery at the Museum and provides the arts component of this program. Through Free! Family Days, the Washington County Museum aims to do the following: • Provide a free educational activity for local families. • Expose children to a variety of cultures. • Foster creativity and imagination in children. • Educate children and families about local heritage. • Introduce new audiences to the Museum and Print Arts Northwest gallery. During the last year, children and families participated in kite - making and fish - printing, enjoyed a puppet show by Tears of Joy Theatre, heard stories from living- history presenters, learned to quilt with the Westside Quilters Guild and made beautiful print artwork. They have collected colorful leaves and made fall placemats and prints with collograph foil plates. During the holidays, they made vintage wrapping paper, ornaments and cards. The Museum also provides a variety of vintage toys and games, historical artifacts and local animal pelts for hands -on exploration. A summer event in Tigard will be designed using some of the Museum's most popular activities and those that are relevant to the season. Funding will be used toward staffing, transportation, promotion and outreach, venue rental fee (if required), activity supplies and copies, art supplies, artist stipend, refreshments and promotional flyers. 3. How will this event benefit the Tigard Community? The Museum serves its community by interpreting and presenting the history of the county through exhibits and programs that focus on a range of topics. Learning about local history helps both children and parents better understand the past, how it shapes the present, and informs the future — supporting them in becoming informed, civically- engaged citizens who can help guide the county's future. Free! Family Days are a part of this service to the community and are also a fun, free way to learn something new and spend quality time together as a family. Offering Free! Family Days throughout the local community meets the Museum's objective to make its educational programming available to broad and diverse audiences. Making activities accessible and free also allows the Museum to serve families with limited resources who may not otherwise visit Museums, or attend other cultural events. 4. How many Tigard residents do you anticipate participating in this event (or these events)? The Museum's Free! Family Days serve an average of 150 children and families when held at the Museum. Taking the event "on the road" allows the Museum to serve increased numbers, up to 400 children and families depending on location. Holding the Museum's Family Day event at a site already seeing a significant amount of traffic (library, farmers market, etc.) ensures these participation numbers. 5. Please submit the following information with this request: a. Most recent annual budget compared with the prior year's actual revenues and expenditures. The Budget should identify the period to which it applies, beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year. c. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* \\� Washington County Museum Organization Budget Current & Prior Year REVENUf4 FY 2010 -2011 Actual FY 2011 -2012 Budgeted Government - County and City $131,206 $131,000 Fundraising, Memberships & Special Events $168,541 $208,200 Restricted Gifts and Grants $230,560 $170,000 Program Fees, Registrations, Admissions $5,445 $6,900 Sales Income $10,028 $3,920 Investment Income $395 $250 In -Kind Contributions $17,145 $31,000 TOTAL REVENUE: $563,320 $551,270 EXPENSES Personnel $206,528 $318,115 (6.5 FTE) Advertising and Marketing $5,867 $4,200 Bank Charges $3,995 $3,100 Cost of Items for Resale $2,799 $1,250 Dues and Subscriptions $6,552 $1,135 Fundraising Event Expenses $23,943 $20,100 Hospitality $0 $2,000 Insurance $7,976 $7,000 Interest Expense $3,919 $4,500 Licenses and Fees $939 $4,750 Training/Professional Development $0 $2,300 Materials and Supplies: $13,052 $28,200 Travel /Mileage Reimbursement $1,970 $200 Office Supplies $4,694 $6,000 Postage and Shipping $4,695 $5,000 Printing and Reproduction $11,606 $25,000 Professional Fees and Services $56,206 $52,720 Facilities, Maintenance and Utilities $26,302 $30,248 Exhibit Rental $1,500 $0 In -Kind Expense $17,145 $31,000 Depreciation Expense $21,475 $4,452 Temporarily Restricted Funds $115,325 $0 TOTAL EXPENSES: $536,488 $551,270 17677 NW Springville Road I Portland, Oregon 972291503.645.5353 I Fax 503.645.56501 wwwWashingtonCountyMuseum.org Tigard 4th of July, Inc. A Not for Profit Corporation FIN 93 1031978 (503) 620-2844 Tigard Music 11579 SW Pacific Hwy Tigard, Oregon 97223 February 9, 2012 Toby LaFrance Finance Director City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Dear Mr. LaFrance, The Board of Directors of Tigard 4th of July, Inc., a Non Profit Corporation, submit this letter with enclosures as our Funding Request for the Fiscal Year 2012 - 2013. To the criteria for funding, we submit the following comments: (1) The Tigard Old Fashioned 4th of July Celebration is primarily for Tigard area residents; we do not advertise outside of the area. (2) This event is open to all citizens, with the only restrictions being no alcoholic beverages, no smoking, no personal barbecues and no personal fireworks. (3) We stress a family oriented type of celebration on this annual event, with effort to provide quality entertainment, a family /community style picnic atmosphere, and public opportunity to participate at no cost (unless they should desire to purchase snacks at very reasonable prices, the proceeds going toward the subsequent year's event). (4) With twenty five annual events successfully accomplished (the first was in 1987), we feel that the event has proven to be valuable to the community, and very affordable for the city and the citizens attending. (5) As with item (4), the Board of Directors feel that our success for twenty five years, and the records we have kept, demonstrate an ability to reach our goals and keep within reasonable budget commitments. (6) Financial Statements are annually prepared and submitted. Toby LaFrance City of Tigard February 9, 2012 Page 2 (7) The Funding Request per our previous agreements with the City of Tigard are based upon the encouragement of other sources of revenue. We hope you find the information contained herein to be adequate for the City's budgeting purposes. We also hope you look forward to enjoying each year's event as much as we look forward to putting it on. Last year, the City of Tigard approved an award of $ 11,500.00 for the 2011/2012 fiscal year. We also received a supplemental allowance of $ 1,500.00 for insurance coverage. We took a draw on the current budget account in July of 2011. We will be seeking some or all of the remaining $ 1,000.00 prior to June of 2012. For the fiscal year 2012/2013, the Board of Directors of Tigard 4 of July, Inc. requests $ 13,500.00 in contribution from the City of Tigard plus approximately $ 1,800 to assist with insurance costs we are incurring. For most of the twenty five years, we were able to present the event with the same $ 7,500 support from the City of Tigard. However, in recent years the costs have increased, other public /private support has been increasingly difficult to obtain, and the City's insurance carrier no longer allows for the event to be insured as a City event. With regards to City in -kind contributions, we have identified the following impacted areas: Public Works - If the City Public Works personnel prepare the fireworks firing trench; I have been previously advised that the estimated cost is $ 400 (1999 $ subject to indexed adjustment). Police Department - The Police Department is advised of the event and incurs an estimated $ 1,200 (1999 $ subject to indexed adjustment) of cost for what primarily is traffic control after the event. Officers are present during the event more for public relations than for any policing requirements. We support the Officers presence, making some very important contacts with the citizens and youth in particular. Administration - Insurance for the event is no longer available through the City. Tigard 4 of July, Inc. purchases fireworks liability insurance from the fireworks supplier and general liability insurance from a Special Events carrier. Toby LaFrance City of Tigard February 9, 2012 Page 3 Should you have questions about any of the above, please contact me for assistance. Sincerely, Ron Royse President RR/dbm Enclosures CC: Board Members TIGARD 4TH OF JULY, INC. Statement of Assets, Liabilities, & Fund Balance (Unaudited) December 31, 2011 Current Year 12 Mo. Period To Date 1000 ASSETS 1450 Cash - Non Interest Bearing 1451 Petty Cash 0.00 0.00 893.00 1,016.3 1452 General Checking Account 1460 Savings & Temp. Investments 0.00 0.00 1461 Savings 1470 Accounts Receivable 0 00 0.00 1471 Accounts Receivable 0 00 0 00 1476 (Uncollectable Allowance) 1480 Pledges Receivable 0.00 0.00 1481 Pledges Receivable 0.00 0.00 1486 ( Uncollectable Allowance) 1490 Grants Receivable 0 00 0.00 1491 Grants Receivable 1500 Recievables from Related Parties 0.00 0.00 1501 Receivables from Directors 1510 Other Receivables 0.00 0.00 1511 Notes Receivable 0.00 0.00 1516 (Uncollectable Allowance) 1520 Inventories For Sale or Use 0.00 0.00 1521 Inventories For Sale or Use 1530 Prepaid Expenses / Deferred Charges 0.00 0.00 1531 Prepaid Expenses 1540 Investments - Securities 1550 Investments - Assets 1560 Investments - Other 1570 Equipment 0.00 0.00 1571 Equipment 0.00 0.00 1576 (Accumulated Depreciation) 1580 Other Assets TOTAL ASSETS 893.00 1,016.32 2000 LIABILITIES 2600 Accounts Payable & Accrued Exp 0 00 0.00 2601 Accounts Payable 2610 Grants Payable 0.00 0.00 2611 Grants Payable 2620 Revenue Designated (Future Per.) 0.00 0.00 2621 Revenue Designated 2630 Loans from Related Parties 0.00 0.00 2631 Loans from Directors 2640 Mortgages/Notes Payable 0.00 0.00 2641 Notes Payable 2650 Other Liabilities 0.00 0.00 2651 Other Liabilities 0. ._._ 0 Total Liabilities 0.00 0.00 1 TIGARD 4TH OF JULY, INC. Page 2 Statement of Assets, Liabilities, & Fund Balance (Unaudited) December 31, 2011 Current Year 12 Mo. Period To Date 3000 FUND BALANCES 3670 Current Funds 0.00 0.00 3671 Unrestricted Funds 0 00 0.00 3676 Restricted Funds 3680 Equipment Fund 3690 Endowment Fund 3700 Other Fund 3710 Capital Stock or Trust Principal 0.00 0.00 3711 Capital Stock 3720 Paid In or Capital Surplus 3730 Retained Earnings / Accumulated 01/01/2011 me 3731 Retained Earnings 0.00 (123.32) 3732 Current Earnings > 12/31/2011 __ (893.00) ( 23.3232 ) Total Fund Balance (893.00) (1,016.32) TOTAL LIABILITIES & FUND BALANCE (893.00) (1,016.32) 0.00 0.00 Footnote: Tigard Music Donation ? Not recorded Footnote: Arrow Mechanical Donation ? Not recorded Footnote: Tigard Grant Pending (1,000.00) 2 TIGARD 4TH OF JULY, INC. December 31, 2011 Statement of Revenue & Expense (Unaudited) Current Year 12 Mo. Period To Date 4000 INCOME 4010 Contributions, Gifts, Grants (254.00) (254.00) 4011 Direct Public Support 0.00 0.00 4012 Indirect Public Support (14,500.00) (14,500.00) 4013 Government Grants 4020 Program Service Revenue 4030 Membership Dues / Assessments 4040 Interest Earnings 4050 Dividends / Interest on Securities 4060 Net Rental Income 0.00 0.00 4061 Gross Rents 0.00 0.00 4066 Rental Expenses 4070 Other Investment Income 4080 Gain / Loss from Sale of Assets 0.00 0.00 4081 Gross Sale Amount 0.00 0.00 4086 Cost / Expense 4090 Fundraising Events 0 00 0.00 4091 Gross Revenues 0.00 0.00 4096 Direct Expenses 4100 Gross Profit from Sales 0 00 0.00 4101 Gross Sales Less Returns 0.00 0.00 4106 Cost of Goods Sold 0 00 0.00 4107 Cost of Goods Sold 0.00 4108 Cost of Goods Sold - Permit 0.00 4110 Other Revenue ... Total Revenue (14,754.00) (14,754.00) 6000 EXPENSES 6130 Program Service Expenses 13,658.00 13,658.00 6131 Tigard 4th Celebration 6140 Management & General Expenses 143 00 143.00 6141 Bank Service Charges 60.00 60.00 6142 Miscellaneous - Government 6150 Fundraising Expenses 0.00 0.00 6151 Miscellaneous 6160 Payments to Affiliates ---- M-- -. -- Total Expense 13,861.00 - .-- 13,861.00 (Excess) or Deficit (893.00) (893.00) 3 M N w 5 ' sof February 15, 2012 City of Tigard CIO Finance Department 13125 SW Hall Blvd. Tigard, OR 97223 RE: Festival of Balloons Continued Increased Grant Request to the City of Tigard Thanks to the City of Tigard and the community support for more than 27 years, the Festival of Balloons in Tigard has grown to be a premiere community event in Oregon and one of the premiere hot air balloon festivals in the Northwest. In 2011, the Festival of Balloons in Tigard celebrated its 27 Anniversary and set the path for continued growth. Event partnerships are critical to the sustainability and growth of this event, especially in this current economic climate. This year, the Festival of Balloons in Tigard, respectfully requests continued increased support from the City of Tigard, to support its efforts to showcase Tigard as the vibrant community it is -- more than just a "suburb of the Portland market ". The Festival of Balloons in Tigard is a non - profit organization dedicated to raising funds for many vital non - profit groups in Tigard, while providing a family- friendly event for the entire community. Groups benefiting from Festival funds have included: Tigard Breakfast Rotary, Tigard Lunch Rotary, American Cancer Society — Relay for Life Tigard - Tualatin, Tigard High School Boosters, Tigard High School Band Auxiliary, Tigard High School Grad Night Committee, Southside Soccer, and local elementary, middle, and high schools with the Z100 promotion that we have created. The Festival of Balloons in Tigard raises approximately $35,000 for local Tigard non- profits and local schools annually. We are VERY proud of this! Every year, approximately 20,000 spectators, volunteers, and travelers arrive at Tigard's beautiful Cook Park to experience the amazing sight of up to twenty five hot air balloons, to shop at the craft vendor booths, to dare the rides at the area's finest carnival, listen to live music, or to root for their teams in the youth soccer tournament. Evenings of balloons glowing, food, and music, keeps the community entertained for three full days, attracting local residents who mingle among their fellow neighbors, as well as to welcome visitors to Tigard. The Festival proudly displays that Tigard is a great place to live and work. Past funding from the City of Tigard, annually has been a much - appreciated and vital resource for this event. The in -kind services of approximately $65,000 that has been provided are essential to the functionality of this community festival. In 2013, to reach additional audiences with more aggressive marketing efforts, to enhance the guests' on -site experience, and due to these tough economic times where corporate sponsorship support has dwindled, the Festival of Balloons requests a $25,000 cash grant plus the continued in -kind services support. In return for this increased support, the Festival of Balloons will position The City of Tigard as a major sponsor of the Festival, complete with exposure on marketing and collateral materials, as well as the incorporation of a key city message into those marketing elements, as the City requests. We will gladly address additional specific City needs and are happy to host a meeting to finalize the details. Please contact Cindy Padilla at 503.612.8204 or at cpadillaAdpnicoli.com. Thank you for your continued support of this important community event. We look forward to celebrating our 28 Anniversary this June 22 -24 at Cook Park! Sincerely, Ctv Pcuiata, Cindy Padilla Executive Director 10:32 AM Tigard Festival of Balloons, Inc. 01/26/12 Profit & Loss Cash Basis January through December 2011 Jan -Dec11 Ordinary incomelExpenae Income Corporate Events - Revenue 8,578.29 Car Show Revenue Raffle 369.00 Registrations 2,290.00 Total Car Show Revenue 2,659.00 Soccer Tourney Revenue Soccer Commission Revenue 767.70 Registrations 20,540.00 Total Soccer Tourney Revenue 21,307.70 Balloons Revenue Corporate Entry Fees 1,500.00 fff Total Balloons Revenue 1,500.00 Field Merchant Revenue Business Expos 7,538.80 Craft Vendors 7560.00 Food Vendors 9,685.00 Total Field Merchant Revenue 24.783.50 Admissions Revenue Gate Friday Gate 16,329.85 Saturday Gate 29,934.50 Sunday Gate 9,039.33 Total Gate 55,303.68 Pre - Sales Marketing Online 5,615.61 Wristband Fundraiser 2,776.00 Wristband Gate 3,699.00 3 Day Entrance Pass 11,794.87 Total Pre -Sales 23,885.48 Total Admissions Revenue 79,189.16 Parking Revenue Pre -Sales Parking 3,121.80 Friday 5,527.51 Saturday 10,184.75 Sunday 5,638.77 Total Parking Revenue 24,472.83 Shuttle Revenue Friday 1,083.47 Saturday 2,589.86 Sunday 1,217.85 Total Shuttle Revenue 4,891.19 Sponsorships Revenue Grant 15,000.00 Sponsorship General 12,000.00 ( i Total Sponsorships Revenue 27,000.00 Carnival Revenue 13,849.79 Ice Revenue 3,575.50 5K Run Revenue 1,000.00 Total income 212,808.96 Page 1 10:32 AM Tigard Festival of Balloons, Inc. 01/26112 Profit & Loss Cash Basis January through December 2011 Jan -Dec 11 Cost of Goods Sold Corporate Events - Costs Corp Events - F &B 2,856.00 Total Corporate Events - Costs 2,856.00 Car Show Costs Raffle Payout 369.00 Adverstising 1,418.95 Awards 473.75 Commissions 1,000.00 Signs 64.44 Total Car Show Costs 3,326.14 Soccer Tourney Costs Awards - General 1,200.21 Commissions 8,704.35 • Hosting Services - Field /Equip 1,230.00 Signs 14.00 Referees 3,544.00 Staff 1.640.00 Scheduling Software 820.00 Supplies - General 300.00 Soccer Reimbursement 0.00 Total Soccer Tourney Costs 17,452.56 Wristband Day Costs Commissions - Fundraising 1,629.00 Total Wristband Day Costa 1,629.00 Balloon (Pilot) Costs Office Supplies & Signage 25.00 Awards 88.00 Propane and Delsel 2,642.69 Pilot Gifts 312.82 Pilot Meals & Lodging 2,753.13 Pilot Show Up Fees 4,000.00 Total Balloon (Pilot) Costs 9,821.64 Admissions Costs Commissions 8,000.00 • Entrance Tickets 1,771.27 Total Admissions Costs 9,771.27 Parking Costs Commissions 10,770.78 Signs 76.87 Pass Printing 217.47 Parking Costs - Other 1,516.68 • Total Parking Costs 12.581.80 Shuttle Costs Commissions 2,000.00 Golf Carts 2,583.00 Total Shuttle Costs 4,563.00 Other Costs Ice Costs 4,466.20 Total Other Costs 4,466.20 Total COGS 66,467.61 Gross Profit 146,339.35 Page 2 10:32 AM Tigard Festival of Balloons, Inc. 01/26112 Profit & Loss Cash Basis January through December 2011 Jan - Dec 11 Expense Advertising • Festival Radio 9,000.00 Website 2,159.40 Total Advertising - Festival 11,159.40 Bank Fees 639.03 Equipment Rental and Maint • 210.00 Event Staff (Temp) 7,350.00 Food and Beverage 100.23 Insurance Expense Directors & Officers 1,404.00 Event Policy 8,162.00 General Liability 931.00 Total Insurance Expense 10,497.00 Licenses, Permits, Misc Taxes 125.00 Lighting 1,150.96 • Office Supplies 124.98 Mileage 94.36 Pat -A- Potties 2,343.00 Postage, Mailing Service 185.00 Professional Fees Event Planning 6,235.00 Accounting 685.00 Clean -Up 1,000.00 Electrical 8,325.00 Music 20,025.00 Security 11,718.31 Total Professional Fees 47,988.31 Shirts & Clothing 1,103.56 Signs - Festival 3,387.55 Storage 2,784.60 ! 1 Telephone & Internet 1,056.00 Tents and Staging 14,931.64 VIP Tent 29.48 Total Expense 105,258.09 Net Ordinary Income 41,081.26 Other Income/Expense Other Income Interest Earned 18.11 Total Other Income 18.11 Net Other Income 18.11 Net Income 41,099.37 Page 3 2011 Tigard Festival of Balloons Actual Oustanding Revenue items $180 - Ice REVENUE I 2010 - Actual 2011 Budget 2011 Actual outstanding Expense Items - 53,48332 remaining from the original 55K Corporate Events ' , $8,578.29 held repair allotment. 5 Car Show I $3,215.00 $3,500.00 $4,159.00 Registrations I $1,615.00 $2,290.00 Sponsorship I $1,500.00 $1,500.00 Raffle I $369.00 Vendors $100.00 - $0.00 Soccer Tournament Registration $15,050.00 $17,000.00 $21,307.70 Registrations . $2 0 , 540 . 00 Vendors • $767.70 • • 5K Run I . $1,000.00 Balloon Entry Fees I $3,000.00 1 $1,500.00 l $1,500.00 i Vendor Fees $27,835.87 $27,000.00 ' $24,783.50 Craft Vendors $7,490.00 $7,560.00 Food Vendors $8,275.87 } $9,685.00 Commercial Exhibitors $12,070.00 i $7,538.50 Admissions Revenue I $54,502.62 $40,000.00 ' $55,303.68 Friday 1,428 at $7 $16,380.06 $16,329.85 Saturday 2,785 at $7 $27,839.44 $29,934.50 Sunday 785 at $7 I $10,283.12 $9,039.33 Pre - Sales I $16,347.67 $17,500.00 $23,885.48 Wristband Fundraiser -money not desig I $1,992.44 $2,776.00 $4 portion of single day entrance I $3,984.87 $3,699.00 3 Day Entrance Pass $10,370.36 $11,794.87 Marketing Online (Sharing Spree) $5,615.61 Parking $19,602.79 $16,500.00 = $24,472.83 Friday 750 at $5 I $3,373.89 $5,527.51 Saturday 1,000 at $5 I $8,960.50 $10,184.75 Sunday 400 at $5 $5,594.52 i t $5,638.77 Online Parking Passes . $1,673.88 y $3,121.80 Shuttle $3,614.89 $3,000.00 i $4,891.19 Friday $1,088.72 $1,083.47 • Saturday $1,324.36 j $2,589.86 Sunday $1,201.81 $1,217.86 i L Sponsorship Revenue $6,050.30 y $8,000.00 1 $10,500.00 General Landmark Ford Disocunt Ticket $1,500.00 $1,000.00 $1,000.00 Cash (Valorie) $50.30 Mobile tours $3,500.00 $3,500.00 Landmark Ford - Back of Tickets $1,000.00 $1,000.00 $1,000.00 General Festival Sponsor - Veris Industries i $1,000.00 Beer Garden $3,500.00 $4,000.00 Famous Dave's BBQ TRADE - f Soccer Balloons i Grants Revenue $15,000.00 1 $15,000.00 ;; $15,000.00 City of Tigard $15,000.00 i Carnival $14,292.00 2 $15,000.00:" $13,849.79 Other $867.90 $500.00 $3,515.50 ice/Soda $326.50 i $0.00 3 $3,515.50 Helicopter $541.40 t $500.00 $0.00 ��,,..rr ar } ,e ._ .t ! ,' _ - •niri,el.k 7. i.F +f . . Z . I - , ... .r f : � . i d i.. t. ', � .. t i EXPENSES 2010 2011 EVENT EXPENSES: Corporate Events 4 $2,856.00 Car Show $2,918.26 ? $3,000.00 ; $3,326.14 Soccer Tournament $12,140.58 $14,000.00 $17,452.56 BBQ Awards $0.00 i. $0.00 j $0.00 Wristbands Commissions $1,830.00 $2,000.00 $1,629.00 Balloons $9,394.05 $10,000.00 ;:' $9,821.64 Admission Expense $9,321.54 $9,300.00 I $9,771.27 Parking Expenses $12,977.20 $11,500.00 ; $12,581.80 Wilt increase - after THS field repairs ($3, 483.32 remaning unpaid of the $5K aflotedi Shuttle Costs $4,317.11 '- $4,500.00 ; $4,563.00 Educational Curriculum and Attraction f $0.00 Garbage / RiverCity Environmental $0.00 Ice $833.40 t $400.00 £ $4,466.20 Equipment Rental (Radios) I $210.00 Permits $125.00 $125.00 $75.00 Lighting 1 $1,479.19 ( $1,500.00 ) $1,150.96 Toilets $3,165.50 $3,300.00 a $2,343.00 Clean Up $1,000.00 $1,000.00 P $1,000.00 Electrical $7,365.00 $7,500.00 j $8,325.00 Music $18,050.00 i $20,000.00 1 $20,025.00 Security $11,204.13 $13,000.00 ; $11,716.31 Shirts and Clothing $543.94 $600.00 $1,103.56 Tents and Staging $13,396.75 $12,000.00 'F $14,931.64 VIP Tent $290.04 $250.00 $29.48 Decor /Cold Air Balloon Total Event Expenses $110,351.69 $113,975.00 $127,377.56 MARKETING /PR EXPENSES: Print Ads $872.57 $1,500.00 $0.00 Radio $9,540.00 z $9,000.00 I $9,000.00 Website $959.40 $2,000.00 a $1,919.55 Subscriptions Printing/Collateral $47.00 { $250.00 Signs and Banners $4,009.40 $5,000.00 $3,387.55 Total Marketing/PR Expenses $15,428.37 $17,750.00 $14,307.10 k ADMIN COSTS: Event Staff, Temporary $4,848.00 $5,000.001 $4,350.00 Food and Beverage $29.98 i $100.001 $100.23 Insurance Expense $10,486.00 $10,500.00 i $10,497.00 Supplies, Office $279.80 $400.00 $124.98 Postage $251.69 $300.00 $185.00 Event Planning Fees $1,194.88 $1,000.00 1 $5,235.00 Bank Fees $328.00 _ $500.00 , $639.03 Accounting Fees $665.00 $750.00 $685.00 Mileage $93.00 r $250.00 $94.35 Storage $2,784.60 $2,800.00 R $2,784.60 Telephone and Internet $1,153.15 . $1,200.00 t $768.00 To date- WH increase M isc Expense $250.00 Total Admin Expense $22,114.10 $23,050.00 $26,463.19 I "1"1-i u 1 ., _ r eau. �� `(u` Q: .,` .a., q .. , _.4 v :f 1 .. . 4? s+ q naS. <.s a� os..- .j�:a �. , �i & i;L;'�;�� a.2 } - . '�.:��a:?� .a..1�i 't; � _ `�. ... x ,�.ar .�,+.P.ase., l Other Income . Earned Interest $10.66 $15.00 _ $10.88 To Date- Will increase Total Other Income t AIS -782 2. Meeting ' Meeting Date: 02/28/2012 Length (in minutes): 5 Minutes Agenda Title: Proclaim March Earthquake Awareness Month Prepared For: Joanne Bengtson Submitted By: Joanne Bengtson, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Proclamation Information ISSUE Should the Mayor proclaim March 2012 as Earthquake Awareness Month? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY The Governor will proclaim the month of March 2012 as Earthquake and Tsunami Awareness Month in Oregon. In the past, April has traditionally been Earthquake and Tsunami Awareness Month in Oregon. A decision was made this year to move it to March so it overlapped with National Tsunami Awareness Week and to coincide with the anniversary of the Great Japan Earthquake and Tsunami. Last year the Mayor and Council did proclaim April as Earthquake Awareness Month. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION Last year the Mayor made this proclamation in March 2011. Attachments Earthquake Preparedness Month Proclamation • . , . 11 lii , at! Olt' I` EARTHQUAKE AWARENESS MONTH x WHEREAS, Scientific evidence indicates that the State of Oregon is at risk for a large damaging earthquake and tsunami; and , • WHEREAS, The City of Tigard and its residents are vulnerable to the impacts of earthquakes; and WHEREAS, Being prepared for earthquakes and other disasters must be undertaken at the individual, family and business level; and WHEREAS, The State of Oregon has designated March as Earthquake Awareness Month to increase public awareness, understanding and education of earthquake risk; and WHEREAS, Earthquake Awareness Month is a good time to begin making preparations for catastrophic emergencies by taking advantage of the city's earthquake and general • disaster preparedness information and opportunities; and WHEREAS, The city encourages residents to be prepared, alert and aware of threats to the safety and security of our community; and WHEREAS, Being prepared for earthquakes prepares you for all potential natural s` disasters; and t • = WHEREAS, Tigard citizens that have taken the time to prepare for an earthquake or other emergency are in a better position to care for their family until emergency services are restored and they are often able to assist others in the event of such a disaster. • NOW, THEREFORE, I, Craig E. Dirksen, Mayor of the City of Tigard, do hereby proclaim 1 March 2012, as i - EARTHQUAKE AWARENESS MONTH And encourage all Tigard residents to seriously contemplate the state of their personal preparedness, strive to meet the challenge of increasing their self - reliance and ' recognize the need to provide provisions in case emergency strikes. Dated this day of March, 2012 • 1 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. Craig E. Dirksen, Mayor • '' City of Tigard Attest: City Recorder A I ge Nom, 3413 SUPPLEMENTAL PACKET UP COMING EVEN FOR g d (DATE OF MEETING) 1 Good Morning Tigard (GMT)— Business Netw ikfng — 7:30- 9:00am - FREE o 3/01/12 — AccounTax • Hosted at the Tigard Chamber of Commerce, 12345 SW Main St, Tigard OR • 3/08/12 — ActionCoach • — Hosted at the Tigard Chamber of Commerce, 12345 SW Main St, Tigard OR o 3 /15 /12— Available • TBD • 3/22/12 — OMG Onthank Marketing Group • Hosted at the Tigard Chamber of Commerce, 12345 SW Main St, Tigard OR • 3/29/12 - TBD • TBD • 4/05/12 — Oswego Springs • Hosted at their location, 11552 SW Lesser Rd, Portland OR Other Chamber Events Lunch & Learns — Free, Noon to 1:00 p.m. • Hosted at Tigard Chamber, Pearson Room, Noon — 1:00 p.m., BYOL • 3/21- Lunch and Learn - US Postal Service - How to use your mail to grow your business. • 4/4 — Lunch and Learn —The Language of Success —Your SEO Pro • 4/18 - Lunch and Learn - BRAND IDENTITY — OMG Onthank Marketing Register for these events on our website Lunch Local — No Host Lunch, 2 & 4 Wed of each month 11:45 a.m. to 1 p.m. • March 14th John's Incredible Pizza • March 28th Will forgo due to Spring Break • April 11th Max's Fanno Creek • April 25th Oswego Grill in Lake Oswego TACC Bowl - - Rama — 03/03/12 Tigard Bowl— 10:00-1pm *Pre- registration Required • See our website to register or for more details http: / /www.tigardchamber.org /site /Bowl - O - Rama.php Shining Stars Community Awards— 04/27/120 Embassy Suites— 6:00 — 9:00 pm Dacut ia' Now accepting accepting scholarship applications. Requesting nominations for Tigard's First Citizen, From the Heart, Volunteer of the Year, Youth Volunteer of the Year, and Chamber Volunteer, Business of the Year and Ambassador of the Year. - ctc Iu4 3/is /i 2 _ • See our website for more details http: / /www.tigardchamber.org /site /ShiningStars.php For more about these and other events, go to www.tigardchamber.org /site /directory /events To sign up for our newsletter, e-mail info@tigardchamber.org and put newsletter in the subject line !GARD AREA _ ._ aE•oF WI/titre/ e 50-o -s Find us on Fa book ��ME�E 4)le CD9 /en/ t-f " AGENDA ITEM NO. 3 -C CITIZEN COMMUNICATION DATE: February 28, 2012 (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: 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. 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 AIS -837 4. A. Business Meeting Meeting Date: 02/28/2012 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Cathy Wheatley, Administrative Services Item Type: Motion Requested Meeting Type: Consent Agenda Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval. (Dates of meetings are listed under "Attachments" below.) OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments January 30. 2012 Special Meeting Minutes AIS -778 4. B. Business Meeting Meeting Date: 02/28/2012 Length (in minutes): Consent Item Agenda Title: Resolution Waiving Temporary Sign Permit Fees for Tigard Youth Football Prepared For: Toby LaFrance Submitted By: Liz Lutz, Financial and Information Services Item Type: Resolution Meeting Type: Consent Agenda Information ISSUE Does the Tigard City Council find benefit to the community of waiving the temporary sign permit fees for Tigard Youth Football to hang five banners, outweighs the $260 financial hardship to the city? STAFF RECOMMENDATION / ACTION REQUEST Consider Resolution waiving $260 of permit fees for Tigard Youth Football. KEY FACTS AND INFORMATION SUMMARY On January 12, 2012, Dawn Rachale Holman from Tigard Youth Football e- mailed the city to request a waiver of permit fees charged to hang five banners (text of email is attached). According to the Master Fees and Charges Schedule, Temporary Sign Permits are $52 per sign. Dawn Rachele is requesting the city waive fees for two signs totaling a $260 fee waiver. TMC 3.32.070 authorizes Council to waive fees for non - profits. The text of the TMC is as follows: "3.32.070 Exemptions. The City Council is authorized to waive or exempt the fee or charge imposed upon an application or for the use of City facilities and services, if a nonprofit organization requests such a waiver in writing and the Council determines that community benefit from the proposed activity outweighs the financial burden on the City. The waiver or exemption shall not excuse the nonprofit organization from compliance with other requirements of this code." Tigard Youth Football is a qualifying non - profit. They have made their request to waive fees in writing. If Council determines that the benefit to the community outweighs the loss of $260 in permit fees, then Council is authorized to waive the fees. OTHER ALTERNATIVES City Council could deny the request. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Tigard citizens are involved in the community and participate effectively. Programs and activities are available in the community to meet the needs of a diverse population. DATES OF PREVIOUS CONSIDERATION None Fiscal Impact Cost: NA Budgeted (yes or no): NA Where Budgeted (department /program): NA Additional Fiscal Notes: Waiving the fees will reduce City of Tigard General Fund revenues by $260. Attachments Resolution Waiver request January 13, 2012 Toby LaFrance Director of Finance & IS City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Mr. LaFrance and the Tigard City Council, Tigard Youth Football (TYF) is a non- ` profit organization that allows children in grades 3 -8 the opportunity to play ,: `. t . full -pad tackle football and learn me t. essential life skills such as working -"� • ■ together as a team to achieve a -_ common goal and dealing with ` , i - 4 ( adversity. We also teach kids to exhibit excellent sportsmanship and to , be proud of being a Tigard Tiger! As the photo to the right, evidenced b Y p g we also strongly support Breast Cancer E Awareness Month during the month of �� "` i October — one of the few programs to do so in the Tualatin Valley Youth Football League. Each year, in order to promote participation in TYF, we place registration signs throughout our community. In the past, TYF has paid these fees, which takes away funds that might be otherwise used to provide scholarships to families that can't afford to pay or to buy newer, safer equipment. We are requesting a waiver of the fees associated with posting signs in public places as outlined in TMC 3.32.070. TYF greatly appreciates the Council's consideration of this important matter. Sincerely, Dawn Rachele Holman Events Coordinator Tigard Youth Football AIS -709 5 • Business Meeting Meeting Date: 02/28/2012 Length (in minutes): 5 Minutes Agenda Title: Continue Quasi- Judicial Public Hearing (Fields) to 9/11/12- Comprehensive Plan Amendment, Sensitive Lands Reviews and Adjustment to Extend Wall St Submitted By: Cheryl Caines, Community Development Item Type: Public Hearing - Quasi- Judicial Meeting Type: Council Business Meeting - Main Information 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 September 11, 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 the December 14, 2010 City Council meeting. 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 two additional continuances to pursue a second application for the bridge known as the "Pivot Road" application. This proposal adjusted the alignment slightly north from the original design. The applicant has received approval with conditions from the Hearings Officer for the Pivot Road application; however, the applicant requested again to continue the public hearing until September 13, 2011 to accommodate possible appeals of the Pivot Road application. The Pivot Road approval was not appealed but requires approval of construction plans and permits from other state agencies. While waiting for related permit approvals, the applicant requested two subsequent continuances. The last being to a date certain of February 21, 2012. The applicant is again requesting a continuance for the hearing until September 11, 2012 in order to pursue a third application for a modified bridge design (narrower bridge). 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 modification to the previously approved bridge design. Once a decision for the third application is final, hearings for this application will either proceed, 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 OR CCDA GOALS, POLICIES, 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 CONSIDERATION Previous continuance dates are December 14, 2010, February 22, 2011, May 24, 2011, July 12, 2011, September 13, 2011, December 13, 2011 and February 21, 2012. Fiscal Impact Cost: unknown Budgeted (yes or no): yes /no Where Budgeted (department /program): Community Development /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 MN PORTLAND, OREGON 34001.'.$. Bancorp Tower SEATTLE, WASHINGTON 111 S.W. Fifth Avenue Portland, Oregon 97204 -3699 M ILLE i R NASJ-J VANCOUVER, WASHINGTON 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 FEB 0 6 2012 February 3, 2012 P NC N OF TI GARD G✓ENG INEEAING 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 September 11, 2012. The purpose of this continuance request is to allow the applicant to pursue permitting of a skinnier, less impactful version of the Pivot Road option before the City takes further action on the original alignment. Please feel free to contact me if you have any question. Very t ruly yours, I William L. Rasmussen cc: Mr. Richard A. Canaday PDXDOCS:1956893.1 196080 -0005 AIS -682 6. Business Meeting Meeting Date: 02/28/2012 Length (in minutes): 15 Minutes Agenda Title: Informational Public Hearing to Consider a Resolution Finalizing Sanitary Sewer Reimbursement District No. 42 (SW 100th Avenue) Prepared For: Greg Berry Submitted By: Greer Gaston, Public Works Item Type: Resolution Meeting Type: Council Business Meeting - Public Hearing - Informational Main Information ISSUE Shall the City Council hold a public hearing and consider a resolution finalizing Sanitary Sewer Reimbursement District No. 42, established to construct sanitary sewers in SW 100th Avenue? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council hold the public hearing and approve the resolution. KEY FACTS AND INFORMATION SUMMARY Under the Citywide Sanitary Sewer Extension Program, the city installs public sewers to each lot within a reimbursement district. Property owners are not required to pay any fees until they connect to the public sewer. At the time of connection, the property owner: • Pays a connection and inspection fee. • Reimburses the city for the owner's share of the sewer installation. • Is responsible for any plumbing modifications to connect to the public sewer. • Is responsible for disconnecting the owner's existing septic system in accordance with county regulations. This sanitary sewer project makes sewer service available to 23 lots. If the resolution is approved, the owners will be notified that the sewer is ready for connection. OTHER ALTERNATIVES The council could decide not to approve the resolution and provide staff with direction regarding the finalization of the district. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS The reimbursement district implements Comprehensive Plan Goal 11.3, "Develop and maintain a wastewater collection system that meets the existing and future needs of the community." On September 14, 2010, City Council adopted the City of Tigard Sewer Master Plan. The proposed sewer extension is consistent with this plan. DATES OF PREVIOUS CONSIDERATION At its January 25, 2011 meeting, the City Council held an informational public hearing and approved the formation of Reimbursement District No. 42 by adopting Resolution No. 11 -05. Fiscal Impact Cost: $320,751 Budgeted (yes or no): Yes Where Budgeted (department /program): Sewer Fund Additional Fiscal Notes: Construction costs came in under budget; the final project is 42 percent less than the $554,784 estimated in the original City Engineer's Report prepared when the district was formed. This savings is a direct result of lower construction costs, which staff attributes to a competitive bidding climate in the construction industry. Final costs are as follows: • Construction $264,199 • Engineering and Inspection $35,667 * • Purchasing Easements $20,885 Project Total $320,751 * This equals 13.5 percent of the construction cost as defined in TMC 13.09.040(1) Each owner's cost to connect to the sewer system is calculated in the Final City Engineer's Report (Exhibit A to the resolution.) The cost to each owner under the incentive program established by Resolution No. 01 -46 is also shown in Exhibit A. Attachments Resolution Exhibit A - Final Fnineer's Report Exhibit B - Reimbursement District Map Resolution No. 11 -05 Establishing District Vicinity Map Letter to Property Owner Notice to Property Owner Mailing List Resolution No. 01 -46 Resolution No. 03 -55 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 11- 05 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 42 (SW 100T AVENUE ) WHEREAS, the City has initiated the Citywide Sanitary Sewer Extension Program to extend public sewers and recover costs through reimbursement districts in accordance with TMC Chapter 13.09; and WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 42 (SW 100 Avenue) have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the reimbursement district, the estimated costs, a method for spreading the cost among the parcels within the district, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a reimbursement district as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 42," attached hereto as Exhibit A, is hereby approved. SECTION 2: A reimbursement district is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described in Exhibit B. The district shall be known as "Sanitary Sewer Reimbursement District No. 42." SECTION 3: Payment of the reimbursement fee, as shown in Exhibit A, is a precondition of receiving City permits applicable to development of each parcel within the reimbursement district as provided for in TMC 13.09.110. SECTION 4: An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the reimbursement fee. SECTION 5: The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. SECTION 6: This resolution is effective immediately upon passage. RESOLUTION NO. 11 -OS Page 1 PASSED: This day of ✓ 2011. or - City of Tigard ATTEST: C 76 '� -trio It) City Recorder - City of Tigard RESOLUTION NO. 11 - Q - Page 2 ,e e � ti's Agenda Item No. 4' Meeting of !'" S -ari Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 42 (SW 100 Avenue) Background This project will be constructed and funded under the Citywide Sanitary Sewer Extension Program. Under the program, the City of Tigard installs public sewers to each lot within an established reimbursement district. At the time of connecting to the public sewer, the property owner: - Pays a connection and inspection fee, currently $4,135. - Reimburses the City for the owner's share of the sewer installation. - Is responsible for any plumbing modifications to connect to the public sewer. - Is responsible for disconnecting the owner's existing septic system in accordance with Washington County regulations. There is no requirement to connect to the sewer or pay any fee until connection is made. Project Area - Zone of Benefit Serving the 23 lots in the following table requires extending an existing sewer in SW 100th Avenue through an easement connecting to SW View Terrace. No further extension of this line will be required. The surrounding area is completely served with sewer. The proposed project would provide sewer service to a total of 23 lots within the proposed reimbursement district as shown on Exhibit B to the proposed resolution. Cost The estimated cost to provide sanitary sewers to the 23 lots is $554,785. Construction $470,397 Purchasing Easements $20,885 Engineering and Inspection * $63,503 Total $554,785 * 13.5 percent as defined in TMC 13.09.040(1) This is the estimated amount that will be reimbursed to the sanitary sewer fund as property owners connect to the sewer and pay their share of the project costs. However, the actual amount each property owner pays may be affected by the property owner's participation in the City's early connection incentive program. In addition to sharing the cost of the public sewer, each property owner will be required to pay a connection and inspection fee, currently $4,135, upon connection to the public line. Exhibit A Page 1 of 4 Owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All but three of the northernmost properties in the proposed district are zoned R3.5. The remaining three properties are zoned R12 but are expected to receive similar benefits. Consequently, applying the same method of assigning costs to all lots within the district is proposed. Lot size varies from about 14,300 to 57,000 square feet as shown in the attached Estimated Cost to Property Owners list. Therefore, it is recommended that the total cost of the project be divided among the properties proportional to the square footage of each property. Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's estimated fair share of the public sewer line is $0.95008 per square foot of lot served. In accordance with Resolution No. 01-46, owners who complete their connection within three years of City Council approval of the Final City Engineer's report are eligible for incentives. Under these incentives, each owner's share would be limited to $6,000, to the extent that this share does not exceed $15,000. In addition to paying for the first $6,000, owners are responsible for paying all actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed, as provided by Resolution No. 03 -55. Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's share of the public sewer costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest tate at 6.05% as stated in Resolution No. 98 -22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in Tigard Municipal Code (IZMIC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted January 10, 2011 Theodore S. Kyle, P.E. City Engineer Exhibit A Page 2 of 4 100TH AVE DIST NO. 42 FY 2009 -10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1/4 SECTION 11 T2S R1W W.M. SMITH, SHELLEY A KARR, EVELYN E JONES, VERNON G & ENGWEILER, GLENN 14280 SW 100TH AVE 14320 SW 100TH AVE 14270 SW 100TH AVE 2S111BA00900 2S111BA02300 2S111BA00807 R3.5 R3.5 R3.5 —Z- R4NDALL, MARIA L 14130 SW 100TH AVE 100TH AVE 2S111BBA0805 R3.5 POLIVKA JON J DOERING JOSHUA N FAST CASH HOUSE CAMPBELL— POLIVKA & ANGIE L BUYERS LLC HOLLY M 14170 SW 100TH AVE 14220 SW 100TH AVE 14305 SW 100TH AVE 2S111BA00802 2S111BA00801 2S1118800700 R3.5 R3.5 R3.5 LEE, SAMUEL & KYUNG 14345 SW 100TH AVE 2S111BC00100 R3.5 100TH AVE BIRNEY, JEFFREY & NORIKO 14265 SW 100TH AVE a 2S111BB00800 RIVER PRESERVATION R3.5 m LLC x 14135 SW 100TH AVE RUEDY, ROBERT E W 2S 111 BB00400 14185 SW 100TH AVE COLLING, LOLLING JOYCE C R12 NO ADDRESS x 2S1118800500 251118800600 K4STEL, CHARLES V PETERSEN, DAVID R 12 R3.5 & MARY J TRS 4 14085 SW 100TH AVE 14259 SW 100TH AVE 251118800300 2S111BB01100 R12 R3.5 1 1 WE; MATCH EXHIBIT P2 All properties in the district ore zoned R3.5 or R12 EXHIBIT B (P1) NTS 100TH AVE DIST NO. 42 FY 2009 -10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1/4 SECTION 11 T2S R1W W.M. co W 27 v D a < F rr Z — < T W c N MUDROW, MICHAEL & DIANE C 10185 SW VIEW TERR PROUTY, JASON 2S111BCO1500 & AMY E R3.5 10225 SW VIEW TERR / 2S111BC01600 BUEHLER, GREGORY R3.5 & SARA L MATCH EXHIBIT P1 10145 SW VIEW TERR 1 2S111BC01400 R3.5 II VIEW TERRACE ) BAUMAN, WAYNE UM, EUNKYU & MARY & W WANG WE Y TERR BOGERT, MARK HO OR , DIANN L 10270 SW 1/IEW TERR 10150 SW VIE & MARY E & NELAS; S TEVE F 2S111BC01000 2S111BC01300 W R3.5 R3.5 4445 SW 100TH AVE 1 4415 5W 100 TH AVE SEARS, ALLEN C/O 2S111BC00200 2S111BC00300 0 PHILLIPS, AMY WILLIAMS, GRANT R3.5 R3.5 D & LINN, JEREMY & L4NA 10220 SW VIEW TERR 10190 SW VIEW TERR r 2S111BC01100 2S111BC01200 R3.5 R3.5 I 1 1 i NOTE: All properties in the district ore zoned R3.5 or R12 EXHIBIT B (P2) NTS 100TH AVE DIST NO. 42 FY 2009 -10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1/4 SECTION 11 T2S R1W W.M. SMITH, SHELLEY A KARR, EVELYN E JONES, VERNON G & ENGWEILER, GLENN 14280 SW 100TH AVE 14320 SW 100TH AVE — 14270 SW 100TH AVE 2S1118400900 251118.402300 2S111BA00807 R3.5 R3.5 R3.5 J Z� J �.� RANDALL, MARIA L 14130 SW 100TH AVE 100TH AVE 2S111BBA0805 R3.5 I POLIVKA JON J DOERING JOSHUA N FAST CASH HOUSE CAMPBELL— POLlVKA & ANGIE L BUYERS LLC HOLLY M 14170 SW 100TH AVE 14220 SW 100TH AVE 14305 SW 100TH AVE 2S111BA00802 2S111BA00801 2S111BB00700 R3.5 R3.5 R3.5 LEE, SAMUEL & KYUNG 14345 SW 100TH AVE 2S111BC00100 R3.5 100TH AVE BIRNEY, JEFFREY & NOR/KO N 14265 SW 100TH AVE a 2S111BB00800 RIVER PRESERVATION R3.5 m LLC 14135 SW 100TH AVE C x 2S111BB00400 RUEDY, ROBERT E COLLING, JOYCE C >W R12 14185 SW 100TH AVE NO ADDRESS z 2S111BB00500 2S111BB00600 KASTEL, CHARLES a PETERSEN, DAVID R 12 R3.5 & MARY J TRS a 14085 SW 100TH AVE 14259 SW 100TH AVE 2S1118B00300 2S111B801100 R12 R3.5 1 I NOTE: MATCH EXHIBIT P2 All properties in the district ore EXHIBIT B (P 1 } zoned R3.5 or R12 NTS 100TH AVE DIST NO. 42 FY 2009 -10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1/4 SECTION 11 T2S R1W W.M. w m v r a - A i W 0 N I MUDROW, MICHAEL o- & DIANE C 2 h 10185 SW VIEW TERR A PRpUTY, JASON 2S111BC01500 & AMY E R3.5 10225 SW VIEW TERR / j 2S111BC01600 BUEHLER, GREGORY I R3.5 & SARA L MATCH EXHIBIT P1 101 SW VIEW TERR 25 I 2S111BCOf400 , �1 R3.5 Y VIEW TERRACE ) ) BADMAN, WAYNE UM, EUNKYU & MARY & KWANG Y BOGERT, MARK HOWSE, DIANNA L 10270 SW VIEW TERR 10150 SW VIEW TERR & MARY E & ORNELAS, STEVE F R3.5 R3.5 2S111BC0J000 2S111BC01300 W R3.5 R3.5 4445 SW 100TH AVE 14415 SW 100TH AVE SEARS, ALLEN C/0 2S111BC00200 2S111BC00300 C PHILLIPS, AMY WILLIAMS, GRANT R3.5 R3.5 D & LINN, JEREMY & LANA 10220 SW VIEW TERR 10190 SW VIEW TERR r*i 2S111BC01100 2S1118C01200 I I I NOTE: All properties in the district are EXHIBIT B (P 2 ) zoned R3.5 or R12 NTS February 9, 2012 «TID» «OWNER» «ADD» «City» «state» «zip» Subject: Notice of Hearing to Finalize SW 100 Avenue Sanitary Sewer Reimbursement District No. 42 City Council will hold a public hearing on February 28, 2012 to finalize Reimbursement District No. 42, see enclosed notice. You are encouraged to attend and offer oral or written testimony. Enclosed with the hearing notice is the proposed final cost of the project along with a list of each property owner's proposed reimbursement fee. The reimbursement fee is your share of the cost of constructing the public sewer and is one half of the total project cost as shown in the column with the "Final Reimbursement Fee" heading. Your fee is calculated as follows: Total project cost $320,751 /Total area of all lots 583,936 (Area of your lot «Lot_Size»)= $«Final Fee» The actual fee required to connect is subject to the City's Incentive Program. We will send you the results of the hearing, which will include the approved amount your final reimbursement fee. The fees discussed above are not due until you decide to connect to the sewer. Please call me if have questions. I may be reached at 503 -718 -2468 or at mg ti ard- or.go Sincerely, Greg N. Berry, P.E. Project Engineer t: \ENG\l • Active Projeers won Ave San Sem Reimbursement Dist 42 IFAS 93002 Ivey 93043500 \ Finalisation \Letter to Property Owners.doc February 9, 2012 NOTICE of INFORMATIONAL HEARING Tuesday, February 28, 2012 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on February 28, 2012, at 7:30 pm at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Public Works Department at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 - 718 -2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 42 (SW 100th Avenue). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 42, which has been formed to install public sewers in SW 100th Avenue. Each property owner's recommended fair share of the public sewer line is $0.5493 per square foot of lot served as shown on the enclosed list. For owners with a fair share amount of less than $15,000, the owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report as in accordance with Resolution No. 01- 46. In addition to paying for the first $6,000, owners will remain responsible for paying actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution No. 03 -55. I: \ENG \1 - Active Projects \ 100th Ave San Sew Reimbursement Dist 42 IFAS 93002 Key 93042 - 500 \Finalization \Notice to property owners.doc 2S111BC01000 2S111BB01100 BAUMAN, C WAYNE & MARY KASTEL, CHARLES G & MARY J TRS 10270 SW VIEW TER 14259 SW 100TH TIGARD, OR 97224 TIGARD, OR 97224 2S111BB00800 2S111BC00100 BIRNEY, JEFFREY D & NORIKO LEE, SAMUEL & KYUNG 14265 SW 100TH AVE 14345 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BC00200 2S111BC01500 BOGERT, MARK H AND MUDROW, MICHAEL T & DIANE C MARY E 10185 SW VIEW TERR 14445 SW 100TH TIGARD, OR 97224 TIGARD, OR 97223 2S111BC01400 2S111BB00300 BUEHLER, GREGORY J & SARA L PETERSEN, DAVID 10145 SW VIEW TER 14085 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BB00600 2S111BC01100 COLLING, JOYCE C PHILLIPS, AMY & 959 SW 7TH ST LINN, JEREMY J DUNDEE, OR 97115 10220 SW VIEW TER TIGARD, OR 97224 2S111BA00802 2S111BB00700 DOERING, JOSHUA N & POLIVKA, JON J & DOERING, ANGIE L CAMPBELL - POLIVKA, HOLLY M 14170 SW 100TH AVE 14305 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BA00801 2S111BC01600 FAST CASH HOUSE BUYERS LLC PROUTY, JASON S & PO BOX 66836 PROUTY, AMY E PORTLAND, OR 97290 10225 SW VIEW TER TIGARD, OR 97224 2S111BC00300 2S111BA00805 HOWSE, DIANNA L & RANDALL, MARIA L ORNELAS, STEVE F 14130 SW 100TH AVE 14415 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BA02300 2S111BB00400 JONES, VERNON G RIVER PRESERVATION LLC COLLEEN D PO BOX 513 14320 SW 100TH AVE WILSONVILLE, OR 97070 TIGARD, OR 97224 2S111BA00900 2S111BB00500 KARR, EVELYN E REV LIV TRUST RUEDY, ROBERT E BY EVELYN E KARR TR 14185 SW 100TH AVE 14280 SW 100TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BC01200 SEARS, ALLEN C Go WILLIAMS, GRANT & LANA 10190 SW VIEW TER TIGARD, OR 97224 2S111BA00807 SMITH, SHELLEY A & ENGWEILER, GLENN A 14270 SW 100TH AVE PORTLAND, OR 97224 2S111BC01300 UM, EUNKYU C & KWANG Y 10150 SW VIEW TER TIGARD, OR 97224 CITY OF TIGARD, OREGON RESOLUTION NO. 01- 4t0 A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98 -51 to encourage owners to connect to public sewer. The program was offered for a two -year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98 - 51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO. 01 -4 Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 d PASSED: This / y of 2001. / • ayor C CI of • ,,ard ATTEST: • Recorder - City of and I:1Citywide\Res\Resolution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO.01 -YC1 Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN STNVYNo.9 4,506 No reimbursement available HILLVIEW ST No.11 8,000 July 11, 2003 106 & JOHNSON No.12 5,598 No reimbursement available 100 & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELAND &HERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARA No.17 8,000 July 11,2003 WALNUT & 121` No.18 - Amount to be reimbursed will be Three yoare from eorvice availability ROSE VISTA No.20 - determined once final costs are determined. Currently being cnnstnlcted CITY OF TIGARD, OREGON RESOLUTION NO. 03- 55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01— 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three -years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three -year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO. 03- 55 Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This / day of �� 2003. 'Merm 'Tigard Craig E. Dirksen, Council President ATTEST: City Recorder - City of Tigard I aanasr« won. nes 01.40 sup 26 anon 14 03 aoundM0-14.03 aadMlon to ram »e' a.doc RESOLUTION NO. 03- 55 Page 2 Agenda Item No. 6 Date: February 28, 2012 SUPPLEMENTA PACKET FOR —. 91? --2- 72212 - - - --- TESTIMONY (DATE OF MEETING) SIGN -UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) CONSIDER A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 42 -100 AVENUE Due to Time Constraints City Council May Impose A Time Limit on Testimony Agenda Item No. 6 Date: February 28, 2012 PLEASE PRINT Proponent — (Skeakin In Favor Opponent — (Sneaking Arinst) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. / Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address BfPhone No. Name, Address & Phone No. / / / f Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address Phone No. Name, Address & Phone No. Name, Address & Phone No. /1/i an S /94 ec) la te° c3,0 ea AIS -768 7 Business Meeting Meeting Date: 02/28/2012 Length (in minutes): 30 Minutes Agenda Title: Renew Annexation Incentives and Discuss Annexation Policy Direction - Resolution Submitted By: Gary Pagenstecher, Community Development Item Type: Resolution Meeting Type: Council Business Meeting - Main Information ISSUE Consider a resolution to renew annexation incentives, which defines incentives for voluntary annexation of unincorporated lands to the municipal city limits. Also, initiate a broader discussion, per the 2012 council goal to re- evaluate the city's annexation policy and develop a philosophy and approach to consider annexations, including islands. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that council adopt the proposed resolution amending Resolution No. 07 -13 extending voluntary annexation incentives until February 2013. Also council is requested to initiate a broader discussion on annextion policy to provide staff direction regarding its 2012 annexation goal. KEY FACTS AND INFORMATION SUMMARY As stipulated in Resolution 11 -08, council's annual review of its annexation policy, including annexation incentives, is to occur in February 2012. The previously approved Res. 07 - 13 annexation incentives include: 1) waiver of the city annexation application fee for all annexation requests, and 2) phasing in of city property taxes over a three -year period at the rate of 33 %, 67 %, and 100 %. In July of 2007, City Council passed a second resolution to subsidize payment of Metro's annexation mapping fee for applicants (Resolution 07 -47). City staff then began the practice of assisting applicants with property descriptions, provided it does not involve field work. Resolutions extending the incentives were subsequently adopted annually. Attachment 1 provides an updated resolution extending the current incentives to February 2013. In addition to extending the current incentives, staff is seeking direction on City Council's 2012 goal to reevaluate the annexation policy and develop a philosophy and approach to consider annexations, including islands. To assist with what is expected to be a first discussion of this topic is Attachment 2; a map of the current islands of unincorporated land with the city boundary. OTHER ALTERNATIVES 1. Not adopt the 2012 resolution allowing the incentives to expire 2. Amend the resolution such as remove, add or modify incentives COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS 2012 City Council Goal 4. Annexation a. Re- evaluate the city's annexation policy. b. Develop a philosophy and approach to consider annexations, including islands. DATES OF PREVIOUS CONSIDERATION 2008, 2009, 2010, 2011, and Feb 14, 2012 Fiscal Impact Cost: TBD Budgeted (yes or no): yes Where Budgeted (department /program): Community Development Additional Fiscal Notes: The fiscal impact of maintaining these incentives is highly variable and related mostly to development activity. For example, in 2011, there was one annexation by the city for which the resolution does not apply and one by a landower that has been put on hold by the owner. In 2010, there was only one annexation in Metzger and the City lost approximately $3,349 in fees and paid $150 in Metro mapping fees. Also a small amount of staff time was spent assisting the owner with the required property description. However, over the five -year period that the incentives have been in place the City has foregone and spent about $30,775. It is estimated that by 2012 foregone fees will have been covered by new property tax revenue from annexed properties. If activity increases significantly, the budget may need an adjustment to compensate for the fees and staff time. In addition to the forgone fee revenue, the City also did not receive the full amount of property taxes. It is estimated that, during the last five years, the City did not receive about $8,600 in property tax revenue because of the tax phase -in incentive. Attachments Annexation Incentives Resolution Tigard Unincorporated Islands Map AIS -758 8. Business Meeting Meeting Date: 02/28/2012 Length (in minutes): 30 Minutes Agenda Title: Public Hearing to Amend Tigard Municipal Code Chapter 1.16 and to Create a New Title 6 Submitted By: Susan Hartnett, Community Development Item Type: Ordinance Meeting Type: Council Business Meeting - Public Hearing - Legislative Main Information ISSUE Public hearing to adopt amendments to Tigard Municipal Code (TMC) Chapter 1.16 and to create a new Title 6 that consolidates nuisance violations. Amendments to other TMC titles are required to correct cross - references and delete text being moved into Title 6 from other chapters. STAFF RECOMMENDATION / ACTION REQUEST Approve the attached ordinances. KEY FACTS AND INFORMATION SUMMARY Council is asked to approve two ordinances that amend the Tigard Municipal Code (TMC) to enhance code enforcement tools and improve usability of the code. The first ordinance and its exhibits (Attachment 1) approves: 1) amendments to Tigard Municipal Code (TMC) Chapter 1.16 to add administrative enforcement and abatement procedures and enhance the usability of the code, and 2) amendments to Chapters 7.42, 7.74, 12.02, and 14.04 to change cross references within these chapters to be consistent with the amended Chapter 1.16 numbering. (For ease of reading Chapter 1.16 is provided in "clean copy as Attachment 2.) The second ordinance and its exhibits (Attachment 3) approves: 1) creation of Title 6, which consolidates nuisance violations, 2) amendments to delete Chapters 7.40 and 7.61 because the text from those chapters is being moved into Title 6, and 3) amendments to Chapters 2.52, 15.16 and 18.725 to change cross references within these chapters to be consistent with the new Title 6. During three prior meetings, City Council has reviewed and discussed the content of the proposed amendments. Council also provided feedback to staff and the exhibits attached to the ordinances reflect the changes directed by the council. At the January 24, 2012 meeting, council completed their discussion and directed staff to bring the amendments forward to a public hearing. 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. OTHER ALTERNATIVES Direct staff to further refine the code amendments and reconsider the ordinances at a later date. Do not approve the ordinances. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Goal #1b. Implement Comprehensive Plan through code revisions. The Code Compliance Program contributes to many of the Comprehensive Plan's goals and policies related to the community's livability and vitality. 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 • December 13, 2011 • January 24, 2012 Attachments Attachment 1 - Ordinance (Chapter 1.16) and Exhibits Attachment 2 - Chapter 1.16 (clean) Attachment 3 - Ordinance (Title 6) and Exhibits EXHIBIT C - PAGE 1 Chapter 1.16 CIVIL INFRACTIONS. Sections: ARTICLE I. GENERAL PROVISIONS 1.16.010 Title for Provisions 1.16.020 Establishment and Purpose 1.16.030 Definitions 1.16.040 Use of Language 1.16.050 Reference to State Law 1.16.060 Culpability, Not Exclusive, Remedies Cumulative 1.16.065 Liability 1.16.070 Effect of This Chapter 1.16.080 Severability 1.16.090 Reports of Infractions 1.16.100 Assessment by Code Enforcement Officer 1.16.105 Administrative Rules 1.16.110 Warrants - Right of Entry 1.16.111 Warrants - Grounds for Issuance 1.16.112 Warrants - Procedure for Issuance 1.16.113 Warrants - Execution 1.16.114 Warrants - Disposal of Seized Property 1.16.115 Voluntary Compliance Agreement 1.16.120 Notice - Notice of Violation and Letter of Complaint 1.16.140 Time to Abate Infraction After Notice 1.16.150 Immediate Remedial Action Required When ARTICLE II. JUDICIAL ENFORCEMENT 1.16.160 Notice - Methods of Service 1.16.170 Notice - Computation of Time Period 1.16.180 Notice - Information 1.16.190 Failure to Respond to Notice1.16.210Civil Infraction Summons and Complaint - Timing 1.16.220 Civil Infraction Summons and Complaint - Process Requirements 1.16.230 Civil Infraction Summons and Complaint - Service - Failure to Receive - Default 1.16.240 Civil Infraction Summons and Complaint - Respondent's Response Required 1.16.250 No Right to Jury 1.16.260 Representation by Counsel 1.16.270 Opportunity to be Heard - Cross - Examination 1.16.280 Witnesses 1.16.290 Hearing - Admissible Evidence 1.16.295 Burden of Proof 1.16.300 Hearing - Decision by Hearings Officer 1.16.310 Order to Abate - Judicial 1.16.320 Hearing - Records 1.16.330 Finality of Decision - Appeals 1.16.340 Remedial Action by the City - Summary Abatement 1.16.350 Default Judgment EXHIBIT C - PAGE 2 ARTICLE III. ADMINISTRATIVE ENFORCEMENT 1.16.400 Order to Abate - Administrative 1.16.410 Abatement by the Responsible Party 1.16.420 Order to Abate - Administrative - Appeal Process 1.16.430 Abatement by the City 1.16.440 Judicial Review ARTICLE IV. PENALTIES, FEES AND COSTS 1.16.600 Continuous Infractions 1.16.610 Failure to Comply With Judgment Order, Order to Abate or Notice of Assessment 1.16.620 Penalties Fees and Costs - Payment 1.16.630 Penalties and Fees - Classifications 1.16.640 Penalties and Fees - Amounts to be Assessed 1.16.650 Penalties and Fees - Repeat Violations 1.16.660 Penalties and Fees - Prior to First Appearance in Court 1.16.670 Delinquent Civil Penalties - Fees and Costs 1.16.680 Penalties, Fees and Costs - Assessment 1.16.690 Administrative Fees and Costs - Notice of Assessment 1.16.700 Administrative Fees and Costs - Notice of Objection and Hearing 1.16.710 Penalties, Fees and Costs - Collection, Lien Filing and Docketing EXHIBIT C - PAGE 3 ARTICLE I. GENERAL PROVISIONS 1.16.010 Title for Provisions 1.16.020 Establishment and Purpose 1.16.030 Definitions 1.16.040 Use of Language 1.16.050 Reference to State Law 1.16.060 Culpability, Not Exclusive, Remedies Cumulative 1.16.065 Liability 1.16.070 Effect of This Chapter 1.16.080 Severability 1.16.090 Reports of Infractions 1.16.100 Assessment by Code Enforcement Officer 1.16.105 Administrative Rules 1.16.110 Warrants - Right of Entry 1.16.111 Warrants - Grounds for Issuance 1.16.112 Warrants - Procedures for Issuance 1.16.113 Warrants - Execution 1.16.114 Warrants - Disposal of Seized Property 1.16.115 Voluntary Compliance Agreement 1.16.120 Notice - Notice of Violation and Letter of Complaint 1.16.140 Time to Abate Infraction After Notice 1.16.150 Immediate Remedial Action Required When ARTICLE I. GENERAL PROVISIONS 2. Providing a convenient and practical forum for the hearing and 1.16.010 Title for Provisions determination of cases arising out of such infractions. The ordinance codified in this chapter shall be known as the "civil infractions The civil infractions procedures are ordinance," and may also be referred to herein as intended to be used for all violations of the TMC "this chapter." (Ord. 86 -20 §1(Exhibit A(1)), other than certain violations of Title 7 and Title 1986). 10. 1.16.020 Establishment and Purpose C. The civil infractions abatement procedures established herein are for the purpose A. The purpose of this chapter is to of authorizing the city to proceed to abate such establish civil procedures for the enforcement of infractions: certain provisions of the Tigard Municipal Code (TMC). 1. If it is determined that the infraction presents an immediate danger to B. The procedures for the judicial the public health, safety or welfare; or enforcement process and the administrative enforcement process established herein are for D. If it is determined that the purpose of: the property owner or responsible person is incapable of or unwilling to abate the infraction 1. Decriminalizing within a timeline satisfactory to the city. penalties for infractions of certain civil ordinances and 1.16.030 Definitions EXHIBIT C - PAGE 4 For the purposes of this chapter, the provisions of this chapter. For enforcement of following definitions shall apply: Chapters 10.16 through 10.32, Section 6.02.060 and Chapter 7.60, "code enforcement officer" A. "Abate" means to restore a also includes community service officers of the property to its condition prior to the infraction, police department or similar condition that is free of the subject infractions. In the case of graffiti, "abate" G. "Finance officer" means the means to remove graffiti from the public view. senior financial officer of the city or the designee of the senior financial officer. B. "City manager" means the city manager or any other city employee designated H. "Letter of Complaint" means a by the city manager. letter of notification to a responsible party that the city has received a complaint indicating that C. "Civil infraction" or a violation may exist on the party's property. "infraction" means: I. "Notice of Assessment" means 1. The failure to comply a formal letter or form notifying a respondent or with a provision of this code other than certain recipient that an administrative fee, provisions of Title 7 and Title 10 and administrative costs or costs of abatement have been assessed against them or against property 2. The process of in which they hold an interest. imposing a civil penalty under this chapter. J. "Notice of Violation" means a References to "uniform infraction" formal letter or form notifying a responsible throughout the code other than in certain party that the city has probable cause to believe provisions of Title 7 and Title 10 shall be that a violation has been found to exist on the deemed to be references to "civil infraction." party's property. (Ord. 07 -03, Ord. 05 -08, Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(4)), 1986). K. "Order to Abate" means an order to a respondent or responsible party to D. "Civil infractions hearings abate an infraction from the municipal court as officer" means the municipal judge or the provided in Article II, or from the code individual appointed by the municipal judge enforcement officer as provided in Article III. with the delegated authority to preside over the code enforcement hearings and to perform the L. "Person" means an individual related functions as specified by this chapter. human being and may also refer to a firm, corporation, unincorporated association, E. "Costs" means any expenses partnership, limited liability company, trust, incurred and charges associated with any action estate or any other legal entity. taken by the city under this chapter including but not limited to the cost to the public of the staff M. "Premises" means a parcel of time invested and, regarding items confiscated land and any improvements on it. for violation of Sections 6.03.010 and 6.03.020, all expenses incurred and charges associated N. "Recipient" means a person with the removal, storage, detention, processing, who has received a Letter of Complaint under disposition and maintenance thereof. the administrative process. F. "Code enforcement officer" 0. "Respondent" means a person means the individual or individuals appointed or charged with a civil infraction. A respondent will designated by the director of community have received a Notice of Violation or a summons development or the city manager to enforce the EXHIBIT C - PAGE 5 and complaint as provided in Article II or an Order to Abate as provided in Article III. 1.16.050 Reference to State Law P. "Responsible party" means any Any reference to an Oregon state statute one of the following: incorporates into this chapter by reference the statute in effect on the effective date of the 1. An owner, ordinance codified in this chapter. (Ord. 86 -20 §1(Exhibit A(11)), 1986). 2. An entity or person acting as an agent for an owner by agreement 1.16.060 Culpability, Not Exclusive, that has authority over the property, is Remedies Cumulative responsible for the property's maintenance or management, or is responsible for curing or A. Acts or omissions to act which abating an infraction, are designated as an infraction by any city ordinance do not require a culpable mental state 3. Any person occupying as an element of the infraction. the property, including bailee, lessee, tenant or other having possession or B. The procedures prescribed by this chapter shall be the exclusive procedures for 4. The person who is imposing civil penalties; however, this section alleged to have committed the acts or omissions, shall not be read to prohibit in any way created or allowed the condition to exist, or alternative remedies set out in the Tigard placed the object or allowed the object to exist Municipal Code which are intended to abate or on the property. alleviate code infractions, nor shall the city be prevented from recovering, in any manner There may be more than one responsible prescribed by law, any costs incurred by it in party for a particular property or infraction. abating or removing ordinance infractions pursuant to any code provision. (Ord. 86 -20 P. "Violation" means failure to §1(Exhibit A(3)), 1986). comply with a requirement imposed directly or indirectly by this code. "Violation" may also C. The remedies and procedures mean civil infraction, except as used in those for abatement of civil infractions provided in portions of Chapter 7 and of Chapter 10 that do this chapter are in addition to all other remedies not use the civil infraction procedure. and procedures provided by law. Nothing in this chapter shall limit or restrict in any way the Q. "Voluntary Compliance city's right to obtain abatement by means of a Agreement" means an agreement, whether civil infraction, judicial action, an administrative written or verbal, between the city and the enforcement action, a criminal action, a civil recipient or respondent, which is intended to lawsuit or any other form of procedure to obtain resolve the alleged civil infraction. abatement. 1.16.040 Use of Language 1.16.065 Liability As used in this chapter, pronouns A. The city shall not be liable to indicating the masculine gender shall include the any person for any loss or injury to person or feminine and neuter genders; the singular shall property growing out of any casualty or incident include the plural; and "person" shall, where happening to such person or property on account appropriate, include any partnership, of a property owner, lessee or occupant of corporation, unincorporated association, the property who fails or neglects to promptly State of Oregon or other entity. (Ord. 86 -20 comply with the duties imposed by this section. §1(Exhibit A(14)), 1986). EXHIBIT C - PAGE 6 B. The city shall be exempt from A. Upon receiving a report or all liability, including but not limited to complaint or otherwise becoming aware of a common -law liability that it might otherwise violation of this code, the code enforcement incur to an injured party as a result of the city's officer shall review the facts and circumstances negligent failure to abate an infraction. surrounding the alleged infraction and if he deems it appropriate will proceed with C. If any property owner, lessee or appropriate enforcement actions. occupant, by his failure or neglect to perform any duty required of him by the terms of this B. The code enforcement officer section, contributes in causing injury or shall not proceed further with the matter if the damages, they shall reimburse the city for all officer determines that there is not sufficient damages or injury it has sustained or has been evidence to support the allegation, or if the compelled to pay in such case, including but not officer determines that it is not in the best limited to reasonable attorney fees for the interest of the city to proceed. (Ord. 02 -27, Ord. defense of the same, and such payments as may 86 -20 §1(Exhibit A(5)(B)), 1986). be enforced in any court having jurisdiction. 1.16.105 Administrative Rules 1.16.070 Effect of This Chapter The city manager is authorized to draft A. Citations or complaints issued and adopt administrative rules to define and filed with the municipal court prior to the procedures to work with respondents or effective date of the ordinance codified in this recipients toward the abatement of civil chapter shall be processed in accordance with infractions. Any such administrative rules and the provisions in effect at the time the complaint regulations shall be adopted pursuant to the was issued. provisions of Chapter 2.04, be consistent with this chapter and shall include the following: B. Nothing in this chapter shall be construed as a waiver of any prior assessment, A. Specific form documents or bail or fine ordered by the municipal court. templates for all written communications (Ord. 86 -20 § 1(Exhibit A (12)), 1986). referenced in this chapter to ensure that communications from the city are uniform, 1.16.080 Severability including a: The provisions of this chapter are 1. Letter of Complaint severable. If any section, sentence, clause or phrase of this chapter is adjudged to be invalid 2. Notice of Violation by a court of competent jurisdiction, that decision shall not affect the validity of the 3. Order to Abate remaining portions of the chapter. (Ord. 86 -20 §1(Exhibit A(13)), 1986). 4. Notice of Assessment 1.16.090 Reports of Infractions B. Procedures for the preparation, execution, delivery, and posting of notices of a: All reports or complaints of infractions covered by this chapter shall be made or referred 1. Letter of Complaint to an authorized code enforcement officer. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(5)(A), 1986). 2. Notice of Violation 1.16.100 Assessment by Code 3. Order to Abate Enforcement Officer 4. Notice of Assessment EXHIBIT C - PAGE 7 code enforcement officer may attempt to obtain C. Procedures for review by the entry by obtaining a warrant. civil infractions hearing officer to consider protest by a responsible party of an 1.16.111 Warrants - Grounds for administrative Order to Abate consistent with Issuance Section 1.16.420. A. A warrant for inspection, D. Procedures for determination of investigation, removal or abatement purposes the time allowed to abate an infraction or shall only be issued upon cause, supported by otherwise respond as provided in a: affidavit, particularly describing: 1. Letter of Complaint 1. The applicant's status in applying for the warrant; 2. Notice of Violation 2. The statute, ordinance 3. Order to Abate or regulation requiring or authorizing the inspection or investigation or the removal and E. Procedures for the calculation of abatement of the violation; administrative fees. 3. The building or F. Standards for confidential or property to be inspected, investigated or entered; anonymous reporting and circumstances in which such reporting is allowed. 4. The purpose for which the inspection, investigation, removal or 1.16.110 Warrants - Right of Entry abatement is to be made; A. The city manager or designee 5. The basis upon which may enter property, including the interior of cause exists to inspect, investigate, remove or structures, at all reasonable times whenever an abate the violation; and inspection is necessary to enforce any regulations of this code, or whenever the city 6. In the case of removal manager or designee has reasonable cause to or abatement, a statement of the general types believe that there exists in any structure or upon and estimated quantity of the items to be any property any condition which constitutes a removed or conditions abated. violation of provisions of this code. B. Cause shall be deemed to exist B. In the case of entry into areas of if: property that are plainly enclosed to create privacy and prevent access by unauthorized 1. Reasonable legislative persons, the following steps shall be taken. or administrative standards for conducting a routine, periodic, or area inspection or for 1. The code enforcement removing and abating violations are satisfied officer shall first make a reasonable attempt to with respect to any building or upon any locate the owner or other persons having charge property, or or control of the property, present proper 2. An investigation is credentials and request entry. reasonably believed to be necessary in order to discover or verify the condition of the property 2. If entry is refused or if for conformity with regulations, or the owner or other persons having charge or control of the property cannot be located, the 3. There is cause to believe that a violation exists for which removal EXHIBIT C - PAGE 8 or abatement is required or authorized by this execute the warrant shall, before entry into the chapter. occupied premises, make a reasonable effort to present the person's credentials, authority and 1.16.112 Warrants - Procedure for purpose to an occupant or person in possession Issuance of the property designated in the warrant and show the occupant or person in possession of the A. Before issuing a warrant, a property the warrant or a copy thereof upon judge may examine the applicant and any other request. witness under oath and shall be satisfied of the existence of grounds for granting such B. In executing a warrant on application. unoccupied property, the person authorized to execute the warrant need not inform anyone of B. If the judge is satisfied that the person's authority and purpose, as prescribed cause for the inspection, investigation, removal in subsection A above, but may promptly enter or abatement of any infraction exists and that the designated property if it is at the time other requirements for granting the application unoccupied or not in the possession of any are satisfied, the judge shall issue the warrant, person or at the time reasonably believed to be particularly describing: in such condition. In such case a copy of the warrant shall be conspicuously posted on the 1. The person or persons property. authorized to execute the warrant, C. A warrant must be executed 2. The property to be within 10 working days of its issue and returned entered, and to the judge by whom it was issued within 10 working days from its date of execution. After 3. The purpose of the the expiration of the time prescribed by this inspection or investigation or, a statement of the subsection, the warrant unless executed is void. general types and estimated quantity of the items to be removed or conditions abated. 1.16.114 Warrants - Disposal of Seized Property C. The warrant shall contain a direction that it be executed on any day of the The city manager or designee may cause week between the hours of 8:00 a.m. and 6:00 any items removed pursuant to an abatement p.m., or where the judge has specifically warrant to be disposed of in an approved manner determined, upon a showing that it cannot be whenever the city manager or designee, in his effectively executed between those hours, that it sole discretion, finds that the fair and reasonable be executed at any additional or other time of the value of the items at resale would be less than day or night. the cost of storing and selling the items. In making the above determination, the city D. In issuing a warrant, the judge manager or designee may include in the costs of may authorize any peace officer, as defined in sale the reasonable cost of removing the items to Oregon Revised Statutes, to enter the described a place of storage, of storing the items for resale, property to remove any person or obstacle and to of holding the resale including reasonable staff assist the representative of the city in any way allowances and all other reasonable and necessary to enter the property and complete the necessary costs of holding the sale. investigation or remove and abate the infraction. 1.16.115 Voluntary Compliance 1.16.113 Warrants - Execution Agreement A. In executing a warrant on A. The code enforcement officer occupied property the person authorized to may, at any time prior to a first appearance in EXHIBIT C - PAGE 9 court, enter into a Voluntary Compliance infraction summons and complaint is issued for Agreement with a respondent or recipient. The an infraction. Verification of the violation is a agreement shall include the time allowed to requirement for a Notice of Violation. A Notice abate the infraction and shall be binding on the of Violation is not required before a summons respondent or recipient. and complaint is issued. The use of a Notice of Violation is at the sole discretion of the code B. The fact that a person alleged to enforcement officer. have committed a civil infraction enters into a Voluntary Compliance Agreement shall not be C. Under the administrative considered an admission of having committed enforcement process set forth in Article III, a the infraction for any purpose. Letter of Complaint may be mailed to any responsible party for the property containing the C. The city shall suspend further alleged civil infraction. Verification of the processing of the alleged infraction during the violation is not a requirement for issuing a Letter time allowed in the Voluntary Compliance of Complaint but the issuance of a Letter of Agreement for completion of the necessary Complaint is a required first step in the corrective action. The city shall take no further administrative process. (Ord. 02 -27, Ord. 86 -20 action concerning the alleged violation if all § 1(Exhibit A(5)(C)(2)), 1986). terms of the Voluntary Compliance Agreement are satisfied, other than steps necessary to 1.16.140 Time to Abate Infraction terminate the enforcement action. After Notice D. Failure to comply with any term A. If a Notice of Violation or a of a signed Voluntary Compliance Agreement Letter of Complaint is given to a recipient or constitutes an additional and separate infraction respondent pursuant to this chapter, the code which shall be handled in accordance with enforcement officer shall give the recipient or procedures established by this chapter. After the respondent a specific timeline within which to Voluntary Compliance Agreement has been cure or to remedy abate the alleged infraction signed no further notice need be given before a consistent with subsection 1.16.140.B. civil infraction summons and complaint based on this infraction is issued. The city may also B. The time allowed shall not be proceed on the alleged infraction that gave rise less than 24 hours for a Notice of Violation, or to the Voluntary Compliance Agreement. (Ord. five days for a Letter of Complaint, nor more 02 -27, Ord. 86 -20 § 1(Exhibit A(5)(C)(10)), than 30 days except in cases where compliance 1986). is voluntary and the code enforcement officer deems it appropriate to enter into a Voluntary 1.16.120 Notice - Notice of Violation Compliance Agreement with the recipient or and Letter of Complaint respondent. A. Upon receiving a report or C. The code enforcement officer complaint or otherwise becoming aware of a may grant additional time to the respondent if, in violation of this code, the code enforcement the officer's judgment, compliance within the officer may cause a notice of the alleged civil 30 -day timeline would constitute a significant infraction to be given to any responsible party hardship to the recipient or respondent or other for the property containing the alleged significant mitigating circumstances exist. (Ord. infraction. 02 -27, Ord. 86 -20 §1(Exhibit A(5)(C)(4)), 1986). B. Under the judicial enforcement process set forth in Article II, a Notice of 1.16.150 Immediate Abatement Action Violation for the alleged civil infraction may be Required When given to the responsible party before a civil EXHIBIT C - PAGE 10 A. Notwithstanding the abatement C below. (Ord. 02 -27, Ord. 86 -20 § 1(Exhibit time periods contained in Section 1.16.140, if A(5)(C)(5)), 1986). the code enforcement officer determines that the alleged infraction presents an immediate danger C. In the case of an immediate to the public health, safety or welfare, or that danger to the public health, safety or welfare any continuance of the violation would allow the determined under subsection A, the city may recipient or respondent to profit from the abate the infraction and charge the abatement violation or would otherwise be offensive to the cost back to the recipient or respondent, after public at large the officer may require immediate obtaining a warrant to enter the property and remedial action. abate the infraction. If the immediate danger constitutes an emergency threatening immediate B. If, in such cases, the code death or physical injury to persons, the city may enforcement officer is unable to serve a Notice abate the infraction without obtaining a warrant of Violation or Letter of Complaint on the if the delay associated with obtaining the recipient or respondent or, if after such service warrant would result in increased risk of death the recipient or respondent refuses or is unable or injury, and may charge the abatement costs to remedy the infraction, the city may proceed to back to the recipient or respondent. remedy the infraction as provided in subsection ARTICLE II. JUDICIAL ENFORCEMENT 1.16.160 Notice - Methods of Service 1.16.170 Notice - Computation of Time Period 1.16.180 Notice - Information 1.16.190 Failure to Respond to Notice 1.16.200 Voluntary Compliance Agreement 1.16.210 Civil Infraction Summons and Complaint - Timing 1.16.220 Civil Infraction Summons and Complaint - Process Requirements 1.16.230 Civil Infraction Summons and Complaint - Service - Failure to Receive - Default 1.16.240 Civil Infraction Summons and Complaint - Respondent's Response Required 1.16.250 No Right to Jury 1.16.260 Representation by Counsel 1.16.270 Opportunity to be Heard - Cross - Examination 1.16.280 Witnesses 1.16.290 Hearing - Admissible Evidence 1.16.295 Burden of Proof 1.16.300 Hearing - Decision by Hearings Officer 1.16.310 Order to Abate - Judicial 1.16.320 Hearing - Records 1.16.330 Finality of Decision - Appeals. 1.16.340 Remedial Action by City - Summary Abatement 1.16.350 Default Judgment ARTICLE II. JUDICIAL such notice may be made as follows: ENFORCEMENT A. A Notice of Violation may be 1.16.160 Notice - Methods of Service given to the respondent in person by the code enforcement officer. If a Notice of Violation is given to a respondent pursuant to this chapter, service of B. A Notice of Violation may be EXHIBIT C - PAGE 11 given by a telephone call to the respondent. If notice is given in this manner, the respondent A. The following information may be given, at the code enforcement shall be included in the Notice of Violation if officer's discretion, a Notice of Violation by one is given: first class mail sent to his last known address 1. A description or as soon as possible after the initial notice by identification of the activity or condition telephone. constituting the alleged infraction, and the identification of the recipient as the C. A Notice of Violation may be respondent; given by mailing to the respondent at his last known address. 2. A statement that the code enforcement officer has determined the D. A Notice of Violation may be activity or condition to be an infraction; given by affixing to the main door of the property or premises. If notice is given in this 3. A statement of the manner, the code enforcement officer may, at action required to abate the alleged infraction his discretion, also provide the respondent and the time and date by which abatement with a Notice of Violation by mail sent to the must be completed unless a Voluntary respondent's last known address as soon as Compliance Agreement is executed; possible after the initial notice by posting. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit 4. A statement advising A(5)(C)(6)), 1986). the respondent that if the required abatement is not completed within the time specified and 1.16.170 Notice - Computation of the respondent has not entered into a Time Period Voluntary Compliance Agreement, a civil infraction summons and complaint will be A. Where the Notice of issued and civil penalties for the particular Violation is delivered in person or by infraction may be imposed. telephone the time period to abate the infraction shall begin immediately upon such B. The code enforcement officer delivery. has the discretion to include in the Notice of Violation an invitation to contact the code B. Where the Notice of enforcement officer to discuss any questions Violation is mailed to the respondent, notice the respondent may have about the alleged to abate the infraction shall be considered violation, the requirements for compliance complete three days after such mailing, if the and any possibility of entering into a address to which it is mailed is within the Voluntary Compliance Agreement. (Ord. 02- state, and seven days after mailing if the 27, Ord. 86 -20 §1(Exhibit A(5)(C)(8)), 1986). address to which it is mailed is outside the state. 1.16.190 Failure to Respond to Notice C. Where the Notice of Violation is affixed to the main door of the If notice is given, and the respondent property or premises, for purposes of either receives or rejects the Notice of computing the time period to abate the Violation and fails to abate the alleged infraction, notice shall be considered infraction within the time specified in the complete three days after such affixation. Notice of Violation, the code enforcement (Ord. 02 -27, Ord. 86 -20 § 1(Exhibit officer may serve the respondent with a civil A(5)(C)(7)), 1986). infraction summons and complaint. (Ord. 02- 27, Ord. 86 -20 §1(Exhibit A(5)(C)(9)), 1986). 1.16.180 Notice - Information EXHIBIT C - PAGE 12 1.16.210 Civil Infraction Summons complaint shall so state and shall list a date on and Complaint - Timing which the infraction was observed; A civil infraction summons and 4. A file or reference complaint may be served on the respondent: number; A. Immediately upon discovery 5. The date the civil of the infraction; infraction summons and complaint was issued; B. Where the response period given in a Notice of Violation has expired; or 6. The name of the code enforcement officer issuing the citation; C. Where the period for compliance given in a Voluntary Compliance 7. The time, date and Agreement expired and the infraction has not location at which the respondent is to appear been abated. (Ord. 02 -27, Ord. 86 -20 in court; §1(Exhibit A(5)(D)(1)), 1986) . 8. A notice that a 1.16.220 Civil Infraction Summons complaint based on the violation will be filed and Complaint - Process with the court; Requirements 9. The amount of the A. The physical form taken by a maximum civil penalty for the infraction; civil infraction summons and complaint is not material. What is material is the substance, 10. An explanation of the the information contained therein. The city respondent's obligation to appear at the may utilize various physical formats for the hearing and that a monetary judgment may be summons and complaint. The state uniform entered for up to the maximum civil penalties citation may be used. Any form prepared by if the respondent fails to make all required the city should normally contain or solicit the court appearances; following information, but no complaint or summons shall be considered invalid for 11. A space wherein the failure to comply with these rules, so long as respondent may admit having committed the the basic information regarding the infraction alleged infraction; and the court date is included. 12. The time period for B. The civil infractions returning the form to the court; summons and complaint shall contain the following information: 13. A notice that, if the respondent admits having committed the 1. The name and infraction as charged, payment, in the amount address of the respondent; shown on the summons and complaint or as agreed with the code enforcement officer 2. A description of the pursuant to 1.16.660 of this chapter, as may infraction that can be understood by a person be appropriate, must accompany the making a reasonable effort to do so; admission; and 3. The date, time and 14. A form of place at which the infraction is alleged to have verification that the person signing the been committed. If the infraction is alleged to complaint swears that the person has be ongoing, the civil infractions summons and reasonable grounds to believe, and does so EXHIBIT C - PAGE 13 believe, that the respondent committed the the existence and pendency of the infraction alleged infraction. (Ord. 02 -27, Ord. 86 -41 and to afford a reasonable opportunity to § §1 - 4, 1986; Ord. 86-35 § §1 - 4, 1986; Ord. respond shall be acceptable. 86 -20 § 1(Exhibit A(5)(D)(2)), 1986). F. Service on particular 1.16.230 Civil Infraction Summons respondents, such as minors, incapacitated and Complaint - Service - persons, corporations, limited partnerships, Failure To Receive - Default the state, other public bodies and general partnerships shall be as prescribed for the A. Service of the civil infraction service of a civil summons and complaint by summons and complaint shall be made the Oregon Rules of Civil Procedure. consistent with the requirements of the Oregon Rules of Civil Procedure and may be G. No default shall be entered made by: against any respondent without proof that the respondent had notice of the civil infraction 1. Personal service on summons and complaint. A sworn affidavit the respondent or an agent for the respondent, of the code enforcement officer outlining the method of service, including the date, time 2. Substitute service at and place of service shall create a rebuttable the respondent's dwelling or office, presumption that the respondent had such notice. (Ord. 02 -27, Ord. 89 -21 §1, 1989: 3. Affixing to the main Ord. 86 -20 §1(Exhibit A(5)(D)(3)), 1986). door of the property or premises, or by 1.16.240 Civil Infractions Summons 4. Certified mail, return and Complaint - receipt requested, to the respondent at his last Respondent's Response known address. Required B. In the event of substitute A. A respondent served with a service at the respondent's dwelling, the civil infraction summons and complaint shall - person served must be at least 14 years of age respond to the complaint by personally and residing in the respondent's place of appearing at the scheduled first appearance in abode. court or by making a written response by mail or personal delivery to the court. C. Service at the respondent's office must be made during regular business B. If the respondent admits the hours. Substitute service at the respondent's infraction, the respondent may so indicate on office must be made to the person who is the summons and forward the form to the apparently in charge. court. Payment in the amount of the civil penalty for the infraction, as shown on the D. If substitute service is used a summons or as agreed with the code true copy of the summons and complaint, enforcement officer pursuant to section together with a statement of the date, time and 1.16.660 of this chapter shall be submitted place at which service was made, must be with the response. An appropriate findings mailed to the respondent at the respondent's shall be entered in the records of the civil last known address. Service will be infraction hearings officer indicating the considered complete upon such a mailing. receipt of the civil penalty. E. Service by any other method C. If the respondent does not reasonably calculated, under all the admit the infraction, the respondent must circumstances, to apprise the respondent of appear at the scheduled first appearance in EXHIBIT C - PAGE 14 court. and to submit rebuttal evidence. (Ord. 02 -27, Ord. 86 -20 § 1(Exhibit A(5)(F)(3)), 1986). 1. At the first appearance, the respondent may deny the infraction and request a hearing, admit the 1.16.280 Witnesses infraction, or not contest the infraction. A. The respondent may request 2. If the respondent that witnesses be ordered by subpoena to either admits or does not contest the infraction appear at the hearing. The respondent shall the respondent shall be given the opportunity make such request in writing to the court at to provide a statement. Based on the least five days prior to the scheduled hearing. statement provided by the respondent and any additional information provided by the code B. Subject to the same five -day enforcement officer, the civil infractions limitation, the code enforcement officer, the hearings officer shall impose a civil penalty citizen who signed the complaint or the city not to exceed the maximum civil penalty attorney, as appropriate, may also request in allowed for the infraction. writing that the court order certain witnesses to appear by subpoena. 3. If the respondent requests a hearing, a hearing shall be C. If a civil penalty is declared scheduled. (Ord. 02 -27, Ord. 86 -41 §5, 1986; in the final order, the order shall also provide Ord. 86 -35 §5, 1986; Ord. 86 -20 §1(Exhibit that the respondent shall pay any witness fees A(5)(E)), 1986). payable in connection with the hearing. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(5)(F)(4)), 1.16.250 No Right to Jury 1986). Any hearing to determine whether an 1.16.290 Hearing - Admissible infraction has been committed shall be held Evidence before the civil infraction hearings officer without a jury. (Ord. 86 -20 §1(Exhibit A. The hearing shall be limited A(5)(F)(1)), 1986). to production of evidence only on the infraction alleged in the complaint. 1.16.260 Representation by Counsel B. Oral evidence shall be taken The respondent may be represented only upon oath or affirmation administered by by legal counsel; however, legal counsel shall the civil infractions hearings officer. not be provided at public expense. Written notice shall be provided to the hearings officer C. Evidence shall be admitted if and code enforcement officer no later than it is of the type which responsible persons are five days prior to any appearance by legal accustomed to rely on in the conduct of counsel at an appearance or hearing. (Ord. serious affairs, regardless of the existence of 02 -27, Ord. 86 -20 §1(Exhibit A(5)(F)(2)), any common law or statutory rule which 1986). might render such evidence inadmissible in civil actions in courts of competent 1.16.270 Opportunity to be Heard - jurisdiction in this state. Cross - Examination D. Irrelevant or unduly At a hearing a respondent shall have repetitious evidence shall be excluded. the right to present evidence and witnesses in the respondent's favor, to cross - examine any 1.16.295 Burden of Proof witnesses who testify against the respondent, EXHIBIT C - PAGE 15 The complainant or, if the city is the the hearing proceedings. A mechanical complainant, the code enforcement officer, recording of the hearing, accompanied by any shall have the burden of proving the alleged written documents, correspondence or civil infraction by a preponderance of the physical evidence associated with the matter evidence. (Ord. 86 -20 §1(Exhibit A(5)(F)(5) shall be sufficient to meet the requirements of and (6)), 1986). this section. (Ord. 02 -27, Ord. 86 -20 • § 1(Exhibit A(5)(F)(9)), 1986). 1.16.300 Hearing - Decision by Hearings Officer 1.16.330 Finality of Decision - A. The hearings officer shall Appeals determine if the respondent committed the infraction as alleged in the complaint. The determination of the hearings officer shall be final. Review of the hearing B. When the infraction has not officer's determination shall be to the circuit been proven, a written order dismissing the court by writ of review, pursuant to Chapter complaint shall be entered in the court 34 of the Oregon Revised Statutes. (Ord. 86- records. 20 §1(Exhibit A(5)(F)(10)), 1986). C. When the hearings officer 1.16.340 Remedial Action by the finds that the infraction was committed, City - Summary Abatement written fmdings shall be prepared which set out sufficient information to substantiate the Upon finding that an infraction was commission of the infraction. committed, as determined by a fmal decision of the hearings officer, the city may, after D. Written orders, including obtaining a warrant to enter the property and findings, shall be prepared within ten working abate the infraction, proceed to abate the days of the oral decision. The court shall infraction and charge the abatement costs serve true copies of the hearings officer's back to the respondent pursuant to findings, order and judgment on all parties, 1.16.680.C. For the purposes of this either personally or by mail. (Ord. 02 -27, subsection "a final decision of the hearings Ord. 89 -21 §2, 1989: Ord. 86-20 §1(Exhibit officer" means a final decision for which A(5)(F)(7)), 1986). judicial review was not sought within the time allowed by law or a decision of the hearings 1.16.310 Order to Abate - Judicial officer that was upheld by a final decision in the judicial review and appeal process. Upon a fmding that the infraction was committed by the respondent, the hearings 1.16.350 Default Judgment officer may issue an Order to Abate requiring the respondent to abate the ordinance Subject to the limitations set forth in infraction within a specified time period Section 1.16.230, a default judgment shall be identified in the fmal order. Orders to Abate entered in an amount up to the maximum civil issued under this section may only be penalty applicable to the charged infraction if appealed pursuant to 1.16.330. (Ord. 89 -21 the respondent fails to appear at the scheduled §3, 1989). hearing. (Ord. 02 -27, Ord. 86 -20 § 1(Exhibit A(7)), 1986). 1.16.320 Hearing - Records The court shall maintain a record of EXHIBIT C - PAGE 16 ARTICLE III. ADMINISTRATIVE ENFORCEMENT 1.16.400 Order to Abate - Administrative 1.16.410 Abatement by the Responsible Party 1.16.420 Order to Abate - Administrative - Appeals Process 1.16.430 Abatement by the City 1.16.440 Judicial Review ARTICLE III. ADMINISTRATIVE ENFORCEMENT 1. A description of the real property, by street address or otherwise, 1.16.400 Order to Abate - on which the infraction exists. Administrative 2. The date of the order. A. Upon fmding any of the following the code enforcement officer may 3. A direction to abate cause an Order to Abate to be posted on the the infraction within no less than 10 days and subject property and mailed to the owner and no more than 30 days from the date of the each other known responsible party: order. 1. A violation exists, or 4. A description of the infraction. 2. Any responsible party is not responsive or cooperative after 5. A statement that, receiving a Letter of Complaint, or unless the infraction is removed: 3. A recipient failed to a. A warrant comply with the terms of a Voluntary may be obtained, Compliance Agreement, b. The city may B. The order shall require the abate the infraction, and respondent to abate the ordinance infraction within a specified time period. c. The cost of abatement will be charged to the responsible C. Prior to mailing or posting an party. Order to Abate, the code enforcement officer must have probable cause to believe that a 6. A statement that civil infraction exists, based on personal failure to abate an infraction may result in observation of the violation by the code imposition of an administrative fee or lien on enforcement officer or other credible the property. authority. 7. A statement that the D. The code enforcement officer responsible party may protest the Order to shall cause a copy of the Order to Abate to be Abate by giving notice to the code posted on the premises at the site of the enforcement officer within 10 days following violation. the date of the order. Contact information for the code enforcement officer shall be included E. An Order to Abate shall be in the Order to Abate. mailed by first class or certified mail to the last known address of the responsible party. F. Upon completion of mailing An Order to Abate shall contain: and posting, the persons mailing and posting EXHIBIT C - PAGE 17 shall execute and file certificates stating the whether or not an infraction in fact exists. date and place of the mailing and posting, The city manager is authorized to draft and respectively. adopt rules and policies to provide for a civil infractions hearings officer review process G. An error in the address or consistent with this subsection and principles name of the responsible party shall not make of due process. The civil infractions hearings the Order to Abate void, and in such case the officer's determination shall be required only posted notice shall be sufficient. in those cases where a written protest has been filed as provided in this section. 1.16.410 Abatement by the Responsible Party D. If the civil infractions hearings officer determines that an infraction A. Within the timeline specified does in fact exist, the responsible party shall, in the Order to Abate, the responsible party within five days after the civil infractions shall abate the infraction or appeal the Order hearings officer's determination, abate the to Abate pursuant to 1.16.420. infraction, unless the civil infractions hearings officer determines that the responsible party B. Any responsible party should not be given the opportunity to abate intending to abate the infraction shall provide or unless the civil infractions hearings officer notice to the code enforcement officer before decision allows a period of time greater than abating the infraction and shall allow the city five days. to inspect during and on completion of the abatement. The notification shall state how E. The civil infractions hearings the infraction will be abated, when it will be officer may determine that the responsible abated, and who will be abating it. party for the infraction should not be given the opportunity to abate only if the civil 1.16.420 Order to Abate - infractions hearings officer fmds that the Administrative - Appeal responsible party for the infraction is unlikely Process to properly abate the infraction. The determination that a responsible party is A. A responsible party protesting unlikely to properly abate the infraction shall that the alleged infraction does not exist shall be based on the findings as to one of the file with the code enforcement officer a following: written statement specifying the basis for the protest before the abatement date specified in 1. Whether the person the order or at most within 10 days of the date acted intentionally or whether the infraction is of the notice. Standing to protest is limited to egregious; or a responsible party. 2. Whether the person B. Upon receipt of a written had knowledge that the action was a violation statement of protest from a responsible party, of state law or city code; or the code enforcement officer shall, within 10 days of receipt of the protest, schedule a 3. Whether the person hearing before the civil infractions hearings has the professional expertise to perform the officer, to be held within 30 days of receipt. abatement. C. At the hearing set for 1.16.430 Abatement by the City consideration of the infraction, the person protesting may appear and be heard by the If, within the time allowed, the civil infractions hearings officer and the civil infraction has not been abated by the infractions hearings officer shall determine responsible party, the city manager may cause EXHIBIT C -PAGE 18 the infraction to be abated by securing an Judicial review of a decision of the abatement warrant pursuant to sections civil infractions hearings officer on the appeal 1.16.110 through 1.16.114. of an Order to Abate shall be on the record by writ of review pursuant to ORS Chapter 34 1.16.440 Judicial Review and not otherwise. ARTICLE IV. PENALTIES, FEES AND COSTS 1.16.600 Continuous Infractions 1.16.610 Failure to Comply With Judgment Order, Order to Abate or Notice of Assessment 1.16.620 Penalties, Fees and Costs - Payment 1.16.630 Penalties and Fees - Classifications • 1.16.640 Penalties and Fees - Amounts to be Assessed 1.16.650 Penalties and Fees - Repeat Violations 1.16.660 Penalties and Fees - Prior to First Appearance in Court 1.16.670 Delinquent Civil Penalties, Fees and Costs 1.16.680 Penalties, Fees and Costs - Assessment 1.16.690 Administrative Fees and Costs - Notice of Assessment 1.16.700 Administrative Fees and Costs - Notice of Objection and Hearing 1.16.710 Penalties, Fees and Costs - Collection, Lien Filing and Docketing ARTICLE IV. PENALTIES, FEES AND in a Notice of Assessment shall constitute a COSTS Class I Civil Infraction. 1.16.600 Continuous Infractions C. Failure to comply with a judgment order, an Order to Abate or a Notice When an infraction is of a continuous of Assessment is a continuous infraction and a nature, unless otherwise specifically provided, separate infraction will be deemed to occur a separate infraction shall be deemed to occur each calendar day the failure to comply on each calendar day the infraction continues infraction continues to exist past the time to exist. (Ord. 86 -20 §1(Exhibit A(8)(A)), allowed in the judgment order. (Ord. 89 -21 1986). §4, 1989). 1.16.610 Failure to Comply With 1.16.620 Penalties, Fees and Costs - Judgment Order, Order to Payment Due When Abate or Notice of Assessment Any civil penalty administrative fees, or costs assessed shall be paid no later than 30 A. Failure to comply with a days after the final order or the date of notice. judicial Order to Abate an infraction or pay a Such period may be extended by the code civil penalty or court costs imposed within the enforcement officer for the administration time allowed for abatement or payment shall process or upon order of the hearings officer. constitute a Class 1 civil infraction. (Ord. 86 -20 § 1(Exhibit A(8)(B)), 1986). B. Failure to comply with an 1.16.630 Penalties and Fees - administrative Order to Abate an infraction or Classifications to pay an administrative fee or statement of administrative or abatement costs within the For the purpose of determining civil time allowed for such abatement or payment penalties and administrative fees, infractions EXHIBIT C — PAGE 19 are classified in the following categories: months of the initial violation. (Ord. 02 -27). A. Class 1 infractions; 1.16.660 Penalties and Fees - Prior to First Appearance in Court B. Class 2 infractions; The code enforcement officer is C. Class 3 infractions. authorized to reduce the amount of a civil (Ord. 86-20 § 1(Exhibit A(8)(C)), 1986). penalty that could be imposed or the amount of an administrative fee if compliance has 1.16.640 Penalties and Fees - been achieved and the amount is to be paid in Amounts to be Assessed full on or before the time and date of the first appearance in court or before the timeline set The civil penalty or administrative fee out in a Letter of Complaint or an Order to to be assessed for a specific infraction shall be Abate. (Ord. 02 -27). as follows: 1.16.670 Delinquent Penalties, Fees A. For Class 1 infractions, and Costs 1. An amount not to Delinquent civil penalties, exceed $250 per day under either the judicial administrative fees or costs and penalties or the administrative enforcement process, or imposed by default judgment may be collected or enforced pursuant to Oregon 2. Under the Revised Statutes 30.310 or any other method. administrative enforcement process, an (Ord. 02 -27, Ord. 86 -20 § 1(Exhibit A(8)(E)), amount: 1986). a. Computed in a manner established by administrative rule 1.16.680 Penalties, Fees and Costs - pursuant to 1.16.105 Assessment b. For the A. Upon a finding by the civil entire period the violation exists and not for infractions hearings officer that an infraction each day of the violation. was committed by the respondent, the civil infractions hearings officer may assess a civil B. For Class 2 infractions, an penalty pursuant to Sections 1.16.600 - amount not to exceed $150 per day; 1.16.650, plus costs. C. For Class 3 infractions, an B. Upon a fmding by the code amount not to exceed $50 per day. (Ord. 86- enforcement officer that an infraction was 20 § 1(Exhibit A(8)(D)), 1986). committed by the respondent and if, within the time allowed in an Order to Abate, the 1.16.650 Penalties and Fees - Repeat infraction has not been abated by the Violations responsible party, the code enforcement officer may assess an administrative fee The maximum amounts of the civil pursuant to Sections 1.16.600 - 1.16.650, plus penalties and administrative fees set forth in costs. 1.16.640.A.1, 1.16.640.B and 1.16.640.0 shall be doubled in the event that the respondent is C. For abatement of a violation found in violation of a second and similar by the city by judicial process pursuant to violation within 24 months of the initial Section 1.16.340 or administrative process violation and quadrupled in the event of a pursuant to Section 1.16.430 the code third or subsequent repetition within 24 enforcement officer shall keep an accurate EXHIBIT C - PAGE 20 record of the costs incurred by the city in A. When a judgment is rendered abating the violation. The total amount of by the hearings officer in favor of the city for these charges will be assessed .against the the sum of $100 or more, exclusive of costs, responsible party as the cost of abatement. the code enforcement officer shall, at any time thereafter while the judgment is enforceable, 1.16.690 Administrative Fees and file with the city finance officer a certified Costs - Notice of Assessment transcript of all those entries made in the docket of the hearings officer with respect to Upon the assessment of the action in which the judgment was entered. administrative fees or costs pursuant to Section 1.16.680 the code enforcement officer B. An assessment of the shall forward to all persons responsible for the administrative fees and costs as stated in the violation a Notice of Assessment stating: Notice of Assessment shall be made if: A. The total administrative fees 1. No objection to and costs, if any, assessed for the violation; administrative fees and costs is filed as provided in Section 1.16.700 or; B. That the total amount of the fees and costs as indicated will be assessed to 2. Fees or costs remain and become a lien against the property of applicable following a hearing on an objection persons responsible for the violation unless and the fees and costs are not paid within 30 paid within 30 days from the date of the days from the date of the notice or the date of notice; the hearing order. C. That any responsible party for C. The code enforcement officer the fees and costs may file a written notice of shall file with the city fmance officer a objection to the amount of the fees and costs certified statement of the total fees and costs with the code enforcement officer not more due. than 10 days from the date of the notice. D. Upon receiving the statement 1.16.700 Administrative Fees and of total fees and costs due or the certified Costs - Notice of Objection transcript, the city finance officer shall enter and Hearing that total on the city's lien docket. If an objection to an administrative E. The city may bring legal fee or costs is filed as provided in Section action to collect any civil penalties, fees, costs 1.16.690, the code enforcement officer shall, or interest provided for in this chapter. The within 10 days, cause a hearing to be city may also use a professional collection scheduled to be held within 30 days before the agency, or cause the full amount of civil civil infractions hearings officer. The civil penalties, fees, costs or interest owed to be infractions hearing officer shall hear the entered into the city's lien docket and, from objection and determine the amount of the fee the time of entry on the city's lien docket it and costs to be assessed including the costs to shall constitute a lien upon property of all the city of responding to the objection if the persons responsible for the violation. city's position is sustained. F. A lien shall bear interest at 1.16.710 Penalties, Fees and Costs - the rate of nine percent per year. Such interest Collection, Lien Filing and shall commence to run from date of the entry Docketing of the lien in the lien docket. EXHIBIT C - PAGE 21 G. An error in the name of any person to whom notice is sent shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against property of the responsible party for the violation. H. The finance officer shall file the statement of total fees and costs due or the transcript of the court judgment with the Washington County Clerk for entry in the judgment docket of the circuit court. All costs associated with the filing of the transcript • shall be added to the amount of the statement. EXHIBIT C - PAGE 22 This page intentionally left blank. AGENDA ITEM No. 8 Date: February 28, 2012 SUPPLEMENTAL PACKET TESTIMONY FOR /d-� / 2/? _ (DATE OF MEETING) SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before Council on: LEGISLATIVE PUBLIC HEARING: AMENDING THE TIGARD MUNICIPAL CODE CHAPTER 1.16 AND CREATE A NEW TITLE 6 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 become part of the public record and is openly available to all members of the public. 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. Due to Time Constraints There is a Five - minute Time Limit on Testimony I /Adm /Cathy /CCSignup /Leg. PH/ Council 120228 AGENDA ITEM No. 8 February 28, 2012 PLEASE PRINT 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 become part of the public record and is openly available to all members of the public. 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. Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. / Name, Address & Phone No. Name, .Address & Phone No. Name, ddress & Phone No. / Name, Address & Phone No. Name, Address & Phone/No. Name, Address & Phone No. N ame, Address & Phone No. Na e, Address & Phone No. Name, Address & Phone No. Name, Address & Phon o. Name, Address & Phone No. Name, Address & Phone No. bo ~ S/ I/ . e c ap t?) e M . AIS -738 9 Business Meeting • Meeting Date: 02/28/2012 Length (in minutes): 25 Minutes Agenda Title: Supplemental Amendment to the FY 2012 Budget Prepared For: Toby LaFrance Submitted By: Carissa Collins, Financial and Information Services Item Type: Motion Requested Meeting Type: Council Business Meeting - Resolution Main Public Hearing - Legislative Information ISSUE A second quarter supplemental amendment to the FY 2012 Adopted Budget is required to account for those items that require an adjustment to the existing budgets that were unknown at the time that the first quarter supplemental was approved. The following issues are addressed in the amendment: 1. Fields/Library Road Agreement 2. Build America Bonds (BAB) Payment Distribution 3. Vehicle Replacement in Police 4. Long Term Strategic Financial Plan 5. Tigard Police Officers Association Contract Settlement 6. Department of Land Conservation & Development Grant 7. Carryforward of expenses for the Capital Improvement Program 8. Main St. /Green St. Retrofit 9. Federal Lobbying Services Budget 10. City Manager Relocation Expenses 11. Personnel Budget Corrections of Salaries in all Operating Funds STAFF RECOMMENDATION / ACTION REQUEST Approve the FY 2012 Second Quarter Supplemental Budget Amendment. KEY FACTS AND INFORMATION SUMMARY The following is a list of items that require council action for the FY 2012 Adopted Budget: 1. Fields/Library Road Agreement - A total of $10,000 is needed to pay for legal expenses associated with the Wall Street road agreement that were unknown at the time that the budget was adopted. Budget will be transferred from General Fund Contingency. 2. Build America Bonds ($AB) Pavment Distribution - The split of the debt service payment associated with the $7.25 million transportation bonds for the Burnham Street and Greenburg Road/Pacific Highway/Main Street projects requires an adjustment. This adjustment is based on the actual use of the bond proceeds for these projects. This action will result in the Gas Tax Fund paying an additional $27,685 annually with an equal decrease in payments from the City Gas Tax Fund. Additional budget in Gas Tax will be transferred from Contingency. 3. Vehicle Replacement in Police - Additional appropriation is required for the replacement of a police vehicle that was totaled on September 3, 2011. The city has received $22,700 from insurance. An additional $11,529 is needed to replace the vehicle and will be transferred from General Fund Contingency. 4. j,ong Term Strategic Financial Plan - On September 20, 2011, the city's Budget Committee endorsed Finance & Information Service Department's steps to develop a citywide long -term strategic financial plan in the amount of $35,000. Budget will be transferred from Central Service Fund Contingency. 5. Tigard Police Officers Association Contract Settlement - An additional appropriation of $220,000 is required for Police that resulted from contract negotiations with TPOA. Budget will be transferred from General Fund Contingency. 6. Department of Land Conservation & Development Grant - The city has received a grant in the amount of $45,000 for work related to Goal #10: Housing in the Comprehensive Plan. The grant will support project related Professional Services. 7. Carry- forward of expenses for the Capital Improvement Program - Additional appropriation is required for work that was was not carried forward from FY 2011. The projects requiring additional funding are the Burnham Street Reconstruction and Pacific Highway/Hall Boulevard in the amount of $452,000. Budget will be supported from an increase in Beginning Fund Balance in the Gas Tax Fund. 8. Main St. /Green St. Retrofit - The city is required to fund the right -of -way purchase for the Main Street/Green Street capital improvement project in the amount of $173,000. These costs will be reimbursed by the Oregon Department of Transportation. 9. Federal Lob ying Services Budget - Additional funding in the amount of $42,000 is needed for lobbying services that were finalized and began in October 2011. Budget will be transferred from Central Services Fund Contingency. 10. Personnel Budget Corrections - Salaries and benefits are under - budgeted this fiscal year. The under- budgeting was primarily a result of not budgeting the wage related impacts of incentive pay, as well as, the impact of bringing current any performance reviews that were past due. Over the past several years, the city did not budget for these impacts, but had the ability to pay for these occurrences with savings from vacancies. However, these savings are no longer available due to a low turnover rate citywide. As a result, a total of $406,751 is required across all operating funds to make up for the budget shortfall. Budget will be transferred from each fund's Contingency to the operating programs. 11. City Manager Relocation Expenses - Funding is required to pay for relocation costs of the new City Manager in the amount of $3,500. Budget will be transferred from Central Services Fund Contingency. OTHER ALTERNATIVES Do not approve the supplemental budget amendment. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS 6. Financial Stability DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: $1,449,165 Budgeted (yes or no): No Where Budgeted (department/program): Citywide Additional Fiscal Notes: The total impact of this action consists of increased operating and capital requirements that are offset by transfers from Contingency and additional resources including grant revenues. The Exhibit -A has the details, however below is a summary of the supplemental changes. Items that have no impact on future revenues: 1. Fields/Library Road Agreement - $10,000 General Fund 2. Build America Bonds (BAB) - $27,685 Gas Tax Fund 3. Vehicle Replacement in Police - $34,229 General Fund 4. Long Term Strategic Financial Plan - $35,000 Central Services Fund 5. Tigard Police Officers Association Contract Settlement - $220,000 General Fund 9. Federal Lobbying Services Budget - $42,000 Central Services Fund 10. City Manager Relocation Expenses - $3,500 Central Services Fund 11. Citywide Corrections of Salaries in all Operating Funds - $286,612 General Fund, $7,078 Gas Tax Fund, $13,137 Building Fund, $10,714 Sanitary Sewer Fund, $7,223 Stormwater Fund, $16,627 Water Fund, $56,821 Central Services Fund, $8,539 Fleet/Property Management Fund Items that have additional resources for additional requirements: 6. Dept. of Land Conservation & Development Grant - $45,000 General Fund 7. Capital Improvement Progra (CIP) Carryforward - $452,000 Gas Tax 8. Main Street/Green Street Retrofit - $173,000 Gas Tax (ODOT reimbursement) Attachments Resolution Exhibit A AgendaQulck ®2005 - 2012 Destiny Software Inc., All Rights Reserved • AGENDA ITEM No. 9 February 28, 2012 TESTIMONY SUPPLEMENTAL PACKET FOR g �/-2- SIGN-UP SHEETS (DATE OF MEETING) Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING: CONSIDERATION OF SUPPLEMENTAL APPROPRIATION TO AMEND THE FISCAL YEAR 2012 ADOPTED BUDGET 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 become part of the public record and is openly available to all members of the public. 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. Due to Time Constraints There is a Five - minute Time Limit on Testimony I /Adm /Cathy /CCSignup/ PH /Supplemental Budget Appropriation AGENDA ITEM No. 9 February 28, 2012 PLEASE PRINT 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 become part of the public record and is openly available to all members of the public. 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. Prornent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. /Name, one No. Name, Address & Phone No. Name, Address & Phone No. -/ Name, Address & Phone No. Name, Address & Phone No. Name, 'dame ' & Phone No. Name, .address & Phone No. Name, Address & Pho No. Name, Address & Phone No. Name, Address & Phone No. z 6 fi(3 "ed G(/ c I City of Tigard, Oregon Affidavit of Posting T I GARB In the Matter of the Proposed Ordinance(s) _ 6/ & /..2 _ -� STATE OF OREGON ) County of Washington ) ss. City o�f Tigard 1J ) I, 1) h h !� F. it.) t h , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) / a� "� I & 1 ' 2 " , which were adopted at the City Council meeting of 7-e‘ ?e, 2 , with a copy(s) of said Ordinance(s) being hereto attached and by reference Zr av y made a part hereof, on thel day of Fc. 6 1 ,20 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon S a e of Person who Performed Posting g (G, Subscribed and sworn (or affirmed) before me this _ / day of 7') C4- , 20/ . . C -tic- OFFICIAL SEAL Signature of Notary Public for Ore . CATHERINE D WHEATLEY NOTARY PUBLIC - OREGON ■,,1 COMMISSION NO. 459116 MY COMMISSION EXPIRES AUGUST 04, 2015 I:'.adm'eelnyWorms\posl ordinance 2006.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 12— 01 AN ORDINANCE AMENDING CHAPTER 1.16 OF THE TIGARD MUNICIPAL CODE TO PROVIDE AN ADMINISTRATIVE ENFORCEMENT PROCESS, AUTHORIZE ADMINISTRATIVE ABATEMENT OF NUISANCES, AUTHORIZE THE USE OF ADMINISTRATIVE RULES, CLARIFY ELEMENTS OF THE CIVIL INFRACTIONS PROCESS AND AMEND TITLES 7,12, AND 14. WHEREAS, Chapter 1.16 of the Tigard Municipal Code (TMC), known as the "civil infractions ordinance," sets forth procedures for the enforcement of certain provisions of the TMC; and WHEREAS, the procedures in Chapter 1.16 provide only a judicial enforcement process which requires substantial amounts of staff and court time; and WHEREAS, the addition of an administrative enforcement process will provide more efficient and effective administration of the enforcement process; and WHEREAS, a process whereby the city can act directly to abate nuisances will expedite compliance; and WHEREAS, the City Council unanimously authorized the use of administrative rules in Ordinance No. 11 -06 and provided rule - making procedures; and WHEREAS, the use of administrative rules to establish procedures related to certain aspects of code enforcement provides appropriate oversight and flexibility; and WHEREAS, the City Council establishes a policy that, in addition to seeking compliance in civil infractions cases, the city will seek to recover for the public the costs of enforcement, including staff time; and WHEREAS, sections of the TMC that refer to existing sections of Chapter 1.16 need to be amended to be consistent with the new text. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 1.16 is amended as shown in Exhibit A; text to be deleted is shown in striketlifettit and text to be added is shown in underline SECTION 2: Cross - references in the Tigard Municipal Code are amended as follows: Chapter 7.42 as shown in Exhibit B -1, Chapter 7.74 as shown in Exhibit B -2, Chapter 12.02 as shown in Exhibit B -3 and Chapter 14.04 as shown in Exhibit B -4; text to be deleted is shown in steiketitrettgla and text to be added is shown in underline. SECTION 3: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor, and posting by the city recorder. ORDINANCE NO. 12- 0 Page 1 • t • • • PASSED: By 7l °I/ "'cY vote of all council members present after being read by number and title only, this ?I "day of 1 .)e, hla4 2012. °a✓� /fir rle City Recorder APPROVED: By Tigard City Council this ) 41 - day of "‘"1-(4 , 2012. Mayor - City of Tigars Approved as to form:, I 11. Ci orney 2' ‘ 6' Date ORDINANCE NO. 12- 0 Page 2 EXHIBIT A, - PAGE 1 Chapter 1.16 CIVIL INFRACTIONS. Sections: ARTICLE I. GENERAL, PROVISIONS 1.16.010 Title Ffor Provisions: 1.16.020 Establishment aAnd Purpose: 1.16.030 Definitions: 1.16.040 Use nOf Language: 1.16.050 Reference ITo State Law: 1.16.060 Culpability,—Not Exclusive, Remedies Cumulative Exclusive. 1.16.065 Liability 1.16.070 Effect QOf This Chapter; 1.16.080 Severability; 1.16.090 Reports nOf Infractions: 1.16.100 Assessment by Code Enforcement Officer: 1.16.105 Administrative Rules 1.16.110 • . • • - •' . • . . ! •. ! .Warrants - Right of Entry 1.16.111 Warrants - Gto nds for Issuance 1.16.112 Warrants - Procedure for Issuance 1.16.113 Warrants - Execution 1.16.114 Warrants - Disposal of Seized Property 1.16.115 Voluntary Compliance Agreement 1.16.120 Notice - Notice of Violation and Letter of Complaint 1.16.140 Time ITo RemedyAbate Infraction After Notice: 1.16.150 Immediate Remedial Action Required When; ARTICLE II. Ti DI IA ,NFOR M .N 1.16.160 Notice — Methods_:of Service 1.16.170 Notice - Computation nOf Time Period; 1.16.180 Notice - Information: 1.16.190 Failure ITo Respond ITo Notice: 1.16.210 Civil Infraction Summons aAnd Complaint - Timing: 1.16.220 Civil Infraction Summons aAnd Complaint - Process Requirements: 1.16.230 Civil Infraction Summons aAnd Complaint - Service - Failure ITo Receive - Default: 1.16.240 Civil Infraction Summons aAnd Complaint - Respondent's Response Required: 1.16.250 No Right Tto Jury 1.16.260 Representation B Y Counsel: 1.16.270 Opportunity Tto Rue Heard - Cross - Examination: 1.16.280 Witnesses 1.16.290 Hearing - Admissible Evidence 1.16.295 Burden of Proof 1.16.300 Hearing - Decision bRy Hearings Officer: 1.16.310 • ' • • - • • •• • • 9 • . Order to Abate - Judicial • - EXHIBIT A, - PAGE 2 1.16.320 Hearing - Records: 1.16.330 Finality Ouf Decision - Appeals 1.16.340 Remedial Action Rby the City - CostsSummary Abatement, 1.16.350 Default Judgment ...... . .... Si .. . ARTICLE III. ADMINISTRATIVE ENFORCEMENT 1.16.400 ..Order to Abate - Administrative 1.16.410 .Abatement by the 1) 2sponsible Partx 1.16.420 - five - Appeal Process 1 . 1.16.430 Abatement by the City 1.16.440 Judicial Review ARTICLE IV. PENALTIES, FEES AND COSTS 1.16.380600 Continuous Infractions: 1.16.385610 Failure TO Comply With Judgment Order, Order to Abate or Notice of Assessment: 1.16.3-906211 Penaltlsy Fees and Costs - Payment-Due-When, 1.16.400630 Penaltje y and Fees - Classifications: 1.16.44 -0640 Penaltic y and Fees - Amounts to be Assessed-Assessment 1.16.44 -5650 Penaltiey and Fees - Repeat Violations 1.16.420660 Penaltiey and Fees - Prior to First Appearance in Court 1.16.125615! Delinquent Civil Penalties_ — Fees and Costs 1.16.680 Penalties, Fees and Costs - Assessment 1.16.690 Administrative Fees and Costs - Notice of Assessment 1.16.700 Administrative Fees and Costs - Notice of Objection and Hearing 1.16.4 -70710 Penalties, Fees and Costs - Collection, Lien Filing and Docketing EXHIBIT A, - PAGE 3 ARTICLE I. GENERAL PROVISIONS 1.16.010 Title for Provisions 1.16.020 Establishment and Purpose 1.16.030 Definitions 1.16.040 Use of Language 1.16.050 Reference to State I,aw 1.16.060 Culpability, Not Exclusive, Remedies Cumulative 1.16.065 Liability 1.16.070 Effect of This Chapter 1.16.080 Severability 1.16.090 Reports of Infractions 1.16.100 Assessment by Code Enforcement Officer 1.16.105 Administrative Rules 1.16.110 Warrants - Right of Entry 1.16.111 Warrants - Grounds for Issuance 1.16.112 Warrants - Procedures for Issuance 1.16.113 Warrants - Execution 1.16.114 Warrants - Disposal of Seized Property 1.16.115 Voluntary Compliance Agreement 1.16.120 Notice - Notice of Violation and Letter of Complaint 1.16.140 Time to Abate Infraction After Notice 1.16.150 Immediate Remedial Action Required When ARTICLE I. GENERAL PROVISIONS pProviding a convenient and practical forum for the hearing and determination of cases arising 1.16.010 Title for Provisions out of such infractions. —The ordinance codified in this chapter The civil infractions procedures are is shall be known as the "civil infractions intended to be used for all violations of the TMC ordinance," and may also be referred to herein as other than certain violations of Title 7 and Title "this chapter." (Ord. 86 -20 § 1(Exhibit A(1)), 10. 1986). 3C. The civil infractions abatement 1.16.020 Establishment And Purpose: procedures established herein are for the purpose of authorizing the Ccity to proceed to abate -1,A. The purpose of this chapter is to such infractions: establish civil procedures for the enforcement of certain provisions of the Tigard Municipal Code 1. +If it is determined that (TMC). the infraction presents an immediate danger to the public health, safety or welfare.. -; or 132. The civil infraction procedures for the judicial enforcement process and the D. If it is determined that administrative enforcement process established the property owner or responsible person is herein are for the purpose of incapable of or unwilling to abate the infraction within a timeline satisfactory to the city. 1. dDecriminalizing penalties for infractions of certain civil 1.16.030 Defimitions: ordinances and For the purposes of this chapter, the 2. for the purpose of following definitions shall apply: • EXHIBIT A, - PAGE 4 enforcement of Chapters 10.16 through 10.32, A. "Abate" means to restore a Section 7.10.1256.02.060 and Chapter 7.60, property to its condition prior to the infraction, " stCode Eenforcement ()officer" also includes or similar condition that is free of the subject GGommunity &service ()officers of the police infractions. In the case of graffiti, "abate" department means to remove graffiti from the public view. G. "Finance officer" means the B. "City man .Rer" means the city senior financial officer of the city or the manager or a y other city employee designated designee of the senior financial officer. by the city manager. H. "Letter of Complaint" means a 6C. "Civil (_infraction" shall or letter of notification to a responsible party that "infraction"means the city has received a complaint indicating that a violation may exist on the party's property. 1. -tThe failure to comply with a Vie- provision of this code other than I. "Notice of Assessment" means certain provisions of Chapter Tif e. 7 and Chapter a formal letter or form notifying a respondent or TitlQ10 and shall -alm recipient that an administrative fee, administrative costs or costs of abatement have 2. the process of been assessed against them or against property imposing a civil penalty under this chapter. in which they hold an interest. References to "uniform infraction" J. "Notice of Violation" means a throughout the code other than in certain formal letter or form notifyin , a - • on i .1 - provisions of Chapter Title _7 and Ghapter-Title party that the city has probable cause to believe 10 shall be deemed to be references to "civil that a violation has been found to exist on the infraction." (Ord. 07 -03, Ord. 05 -08, Ord. 02- party's property. 27, Ord. 86 -20 § 1(Exhibit A(4)), 1986). K. "Order to Abate" means an D4-. "Civil iInfractions hlrlearings order to a respondent or responsible party to oOfficer"means the- mMunicipal 'Judge or the abate an infraction from the municipal court as individual appointed by the mMunicipal jJudge provided in Article II, or from the code with the delegated authority to preside over the enforcement officer as provided in Article III. code enforcement hearings and to perform the related functions as specified by this chapter. L. - "Person" means an individual human being and may also refer to a firm, E. "Costs" means any expenses corporation, unincorporated association, incurred and charges associated with any action partnership, limited liability company, trust, taken by the city under this chapter including but estate or any other legal entity. not limited to the cost to the public of the staff time invested and, regarding items confiscated M. "Premises" means a parcel of for violation of Sections 6.03.010 and 6.03.020, land and any improvements on it. all expenses incurred and charges associated with the removal, storage, detention, processing, N. "Recipient" means a person disposition and maintenance thereof. who has received a Letteof Complaint under the administrative process. 2F. :"Code eEnforcement QOfficer" means the individual or individuals appointed or 30. "Respondent" means a person designated by the 4irector of e€ommunity charged with a civil infraction._ A respondent development or the Geity m Manager to will have received a Notice of Violation or a enforce the provisions of this chapter. For summons and complaint as provided in Article II EXHIBIT A, - PAGE 5 or an Order to Abate as provided in Article III. 1.16.050 Reference 410 State Law: P. "Responsible party" means any one of the following: Any reference to an Oregon state statute incorporates into this 1. An owner, chapter by reference the statute in effect on the effective date of the ordinance codified in this 2. An entity or person chapter. (Ord. 86 -20 § 1(Exhibit A(11)), 1986). ac ' g as an agent for an owner by agreement that has authority over the property, is 1.16.060 Culpability - Cpter responsible for the property's maintenance or It revision -Not Exclusive, mana�em or is responsible for curl Q or Remedies Cumulative. abat' g an infraction, }A. Acts or omissions to act which 3. Any person occupying are designated as an infraction by any City city the property, including bailee, lessee, tenant or ordinance do not require a culpable mental state other having possession or as an element of the infraction. 4. The person who is 22. The procedures prescribed by alleged to have committed the acts or omissions, this chapter shall be the exclusive procedures for created or allowed the condition to exist, or imposing civil penalties; however, this section placed the object or allowed the object to exist shall not be read to prohibit in any way on the property, alternative remedies set out in the Tigard Municipal Code which are intended to abate or There may be more than one responsible alleviate code infractions, nor shall the Ccity be party for a particular property or infraction. prevented from recovering, in any manner prescribed by law, any expense -costs incurred by 3P. "Violation" means failure to it in abating or removing ordinance infractions comply with a requirement imposed directly or pursuant to any code provision. (Ord. 86 -20 indirectly by this code. "Violation" may also §1(Exhibit A(3)), 1986). mean civil infraction, except as used in those portions of Chapter 7 and of Chapter 10 that do C. The remedies and procedures not use the civil infraction procedure. for abatement of civil infractions provided in this chapter are in addition to all other remedies 4Q. "Voluntary Compliance and procedures provided by law. Nothing in this Agreement" means an agreement, whether chapter shall limit or restrict in any way the written or verbal, between the Gede city's right to obtain abatement by means of a ity and the recipient or civil infraction, judicial action, an administrative respondent, which is intended to resolve the enforcement action, a criminal action, a civil alleged civil infraction. lawsuit or any other form of procedure to obtain abatement. 1.16.040 Use Oaf Language: 1.16.065 Liability As used in this chapter, pronouns indicating the masculine gender shall include the A. The city shall not be liable to feminine and neuter genderg; thg__singular any person for any loss or injury to person or pronouns -shall include the plural; and "person" property growing out of any casualty or incident shall, where appropriate, include any happening to such person or property on account partnership, corporation, unincorporated of a property owner, lessee or occupant of association, the State of Oregon or other entity. property who fails or neglects to promptly (Ord. 86 -20 § 1(Exhibit A(14)), 1986). comply with the duties imposed by this section. - EXHIBIT A, - PAGE 6 1.16.100 Assessment by Code 13. The city shall be exempt from Enforcement Officer; all liability, including but not limited to common -law liability that it might otherwise A-1-. Assessment. Upon receiving roan injured nartv as a result of the city's a report or complaint or otherwise becoming negligent failure to abate an infraction. , ..r- .f a v•olati.n of this co. - ' = :. : infraction is reported to the C.gode C. If any property owner, lessee or Enforcemont_ Ogfficcr, the Ggode occupant, by his failure or neglect to perform €Enforcement – Officer shall review the facts any duty required of him by the terms of this and circumstances surrounding the alleged section, contributes in causing injury or infraction and if he erahe -deems it appropriate damages, they shall reimburse the city for all will proceed with appropriate enforcement d amages or injury it has sustained or has been actions. compelled to pay in such case, including but not limited to reasonable attorney fees for the B. . The defense of the same, and such payments as may Code_ - Enforcement officer shall not proceed be enforced in any court having jurisdiction. further with the matter if the sAfficer determines that there is not sufficient evidence to support 1.16.070 Effect nOf This Chapter; the allegation, or if the gOfficer determines that it is not in the best interest of the sGity to 4-A. — Citations or complaints proceed. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit issued and filed with the Nimunicipal Gsourt A(5)(B)), 1986). prior to the effective date of the ordinance codified in this chapter shall be processed in 1.16.105 Administrative Rules accordance with the provisions in effect at the time the complaint was issued. The city manager is authorized to draft and adopt administrative rules to define 2ja. Nothing in this chapter shall procedures to work with respondents or be construed as a waiver of any prior recipients toward the abatement of civil assessment, bail or fine ordered by the infractions. Any such administrative rules and Mmunicipal GGourt. (Ord. 86 -20 §1(Exhibit A regulations shall be adopted pursuant to the (12)), 1986). provisions of Chapter 2.04, be consistent with this chapter and shall include the following:. 1.16.080 Severability; A. Specific form documents or The provisions of this chapter are templates for all written communications severable. If any section, sentence, clause or referenced in this chapter to ensure that phrase of this chapter is adjudged to be invalid communications from the city are uniform. by a court of competent jurisdiction, that including a: decision shall not affect the validity of the remaining portions of the chapter. (Ord. 86 -20 1. Letter of Complaint §1(Exhibit A(13)), 1986). 2. Notice of Violation 1.16.090 Reports Ogf Infractions= 3. Order to Abate All reports or complaints of infractions covered by this chapter shall be made or referred 4. Notice of Assessment to an authorized Geode _ -Enforcement - OQfficer. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(5)(A), B. Procedures for the preparation, 1986). execution, delivery, and posting of notices of a: EXHIBIT A, - PAGE 7 1. Letter of Complaint 1. The code enforcement officer shall first make a reasonable attempt to 2. Notice of Violation locate the owner or other persons having charge or control of the property, present proper 3. Order to Abate credentials and request entry. 4. Notice of Assessment 2. If entry is refused or if the owner or other persons having charge or C. Procedures for review by the control of the property cannot be located, the civil infractions hearing officer to consider code enforcement officer may attempt to obtain protest by a responsible party of an entry by obtaining a warrant. administrative Order to Abate consistent with Section 1.16.420. 1.16.111 Warrants - Grounds for Issuance D. Procedures for determination of the time allowed to abate an infraction or A. A warrant for inspection, otherwise respond as provided in a: investigation, removal or abatement purposes shall only be issued upon cause, supported by 1. Letter of Complaint affidavit, particularly describing: 2. Notice of Violation 1. The applicant's status in annlvine for the warrant: 3. Order to Abate 2. The statute, ordinance E. Procedures for the calculation of or reeulation requiring or authorizing the administrative fees. inspection or investigation or the removal and abatement of the violation; F. Standards for confidential or anonymous reporting and circumstances in 3. The building or which such reporting is allowed. property to be inspected, investigated or entered; 1.16.110 Notice Validity. 4. The purpose for which the inspection, investigation, removal or • - • ' :. • abatement is to be made; 1.16.110 Warrants - Right of Entry 5. The basis upon which cause exists to inspect, investigate, remove or A. The city manager or designee abate the violation; and may enter property, including the interior of structures, at all reasonable times whenever an 6. In the case of removal inspection is necessary to enforce any or abatement, a statement of the general types regulations of this code, or whenever the city and estimated quantity of the items to be manager or designee has reasonable cause to removed or conditions abated. believe that there exists in any structure or upon any property any condition which constitutes a E. Cause shall be deemed to exist violation of provisions of this code. B. In the case of entry into areas of 1. Reasonable legislative property that are plainly enclosed to create or administrative standards for conducting a privacy and prevent access by unauthorized routine, periodic, or area inspection or for persons, the following steps shall be taken. removing and abating violations are satisfied s = EXHIBIT A, - PAGE 8 with respect to any building or upon any Oregon Revised Statutes, to enter the described property, or property to remove any person or obstacle and to assist the representative of the city in any way 2. An investigation is necessary to enter the property and complete the reasonably believed to be necessary in order to investigation or remove and abate the infraction. discover or verify the condition of the property for conformity with regulations, or 1.16.113 Warrants - Execution 3. There is cause to A. In executing a warrant on believe that a violation exists for which removal occupied property the person authorized to or abatement is required or authorized by this execute the warrant shall, before entry into the chapter. occupied premises, make a reasonable effort to present the person's credentials, authority and 1.16.112 Warrants - Procedure for purpose to an occupant or person in possession Issuance of the property designated in the warrant and show the occupant or person in possession of the A. Before issuing a warrant, a property the warrant or a copy thereof upon judge may examine the applicant and any other request. witness under oath and shall be satisfied of the existence of grounds for granting such B. In executing a warrant on application. unoccupied property, the person authorized to execute the warrant need not inform anyone of B. If the judge is satisfied that the person's authority and purpose, as prescribed cause for the inspection, investigation, removal in subsection A7 above, but may promptly enter or abatement of any infraction exists and that the designated property if it is at the time other requirements for granting the application unoccupied or not in the possession of any are satisfied, the judge shall issue the warrant, pers or at the time reasonably believed to be particularly describing: in such condition. In such case a copy of the warrant shall be conspicuously posted on the 1. The person or persons property. authorized to execute the warrant, - C. A warrant must be executed 2. The property to be within 10 working days of its issue and returned entered, and to the judge by whom it was issued within 10 working days from its date of execution. After 3. The purpose of the the expiration of the time prescribed by this inspection or investigation or a statement of the subsection, the warrant unless executed is void. general types and estimated quantity of the items to be removed or conditions abated. 1.16.114 Warrants - Disposal of Seized Property C. The warrant shall contain a direction that it be executed on any day of the The city manager or designee may cause week between the hours of 8:00 a,m. and 6:00 any items removed pursuant to an abatement p.m., or where the judge has specifically warrant to be disposed of in an approved manner determined, upon a showing that it cannot be whenever the city manager or designee, in his effectively executed between those hours, that it sole discretion, finds that the fair and reasonable be executed at any additional or other time of the value of the items at resale would be less than day or night. the cost of storing and selling the items. In making the above determination, the city D. In issuing a warrant, the judge manager or designee may include in the costs of may authorize any peace officer, as defined in sale the reasonable cost of removing the items to EXHIBIT A, - PAGE 9 a place of storage, of storing the items for resale, A. Upon receiving a report or of holding the resale including reasonable staff complaint or otherwise becoming aware of a allowances and all other reasonable and violation of this code, the code enforcement necessary costs of holding the sale. officer may cause a notice Netioeof the alleged civil infraction I be given to the respondent 1.16.115 Voluntary Compliance any responsible party for the property containing Agreement the alleged infraction. Aft. The Geode Eenforcement B. Under the judicial enforcement Officer may, at any time prior to a first process set forth in Article II, a Notice of appearance in court, enter into a y voluntary Violation for the alleged civil infraction may be Ceompliance Aagreement with thea respondent given to the responsible party before a civil or recipient. The agreement shall include the infraction summons and complaint is issued for time allowed to abate the infraction and shall be an infraction. Verification of the violation is a binding on the respondent or recipient. requirement for a Notice of Violation. A Notice of Violation—It is not a— prerequisite— required Bb. The fact that a person alleged to before to the issuance of the &summons and have committed a civil infraction enters into a complaint is issued. The use of a Notice of Voluntary Ceompliance Aagreement shall not Violation is at the sole be considered an admission of having committed discretion of the Geode Eenforcement Ogfficer. the infraction for any purpose. C. Under the administrative Ce. The city shall abate suspend enforcement process set forth in Article III, a further processing of the alleged infraction Letter of Complaint may be mailed to any during the time allowed in the Yvoluntary responsible party for the property containing the Ceompliance Aagreement for the - completion of alleged civil infraction. Verification of the the necessary corrective action. The_Geity violation is not a requirement for issuing a Letter take no further action concerning the alleged of Complaint but the issuance of a Letter of violation if all terms of the y=ooluntar Complaint is a required first step in the eCompliance aAgreement are satisfied, other administrative process. (Ord. 02 -27, Ord. 86 -20 than steps necessary to terminate the § 1(Exhibit_A(5)al0(2)), 1986). enforcement action. 1.16.130 Notice Class 2 And 3 M. Failure to comply with any term of tithe Signed V Voluntary Ceompliance Aagreement constitutes an additional and 1.16.140 Time try Abate separate infraction which shall be handled in Infraction After Notice accordance with the- procedures established by this chapter - Affter the Yvoluntary A If a Notice of Violation or a Ceompliance Aagreement has been signed no Letter of Complaint is given to a recipient or further notice need be given before a civil respondent pursuant to this chapter, the Geode infraction summons and complaint based on this Eenforcement Oofficer shall give the recipient infraction is issued. The Geity may also proceed or respondent a reaseftable specific timeline on the alleged infraction that gave rise to the within which to cure or to remedy abate the Voluntary Compliance Agreement. (Ord. 02 -27, alleged infraction after the notice is Ord. 86 -20 §1(Exhibit A(5)(C)(10)), 1986). givenconsistent with subsection 1.16.140.B. 1.16.120 Notice: - Notice of Violation B. The time allowed shall not be and Letter of Complaint less than tweaty-feur24 hours for a Notice of Violation, or five days for a Letter of Complaint, nor more than t130 days: except in cases EXHIBIT A, - PAGE 10 where compliance is voluntary and the code require immediate remedial action. enforcement officer deems it appropriate to enter into a Voluntary Compliance Agreement with B. If, in such cases, the Code the recipient or respondent. Eenforcement °officer is unable to serve a nNotice of infraction Violation or Letter of C. Where there is an extreme Complaint on the recipient or respondent or, if hardship, as determined by the Code after such service the recipient or respondent Enforcement Officer, tThe code enforcement refuses or is unable to remedy the infraction, the officer may grant additional time to the Gcity may proceed to remedy the infraction as respondent if, in the officer's judgment, provided in &subsection C 1.16.310 of this compliance within the 30 da -da timeline chapter below. (Ord. 02 -27, Ord. 86 -20 would constitute a significant hardship to the §1(Exhibit A(5)(C)(5)), 1986). recipient or respondent or other significant mitigating circumstances exist. (Ord. 02 -27, C. In the case of an immediate Ord. 86 -20 § 1(Exhibit A(5)(C)(4)), 1986). danger to the public health, safety or welfare declared determined under &subsection A, the 1.16.150 Immediate-Remedial city may abate the infraction and charge the Abatement Action Required abatement cost back to the recipient or When respondent, after obtaining a warrant to enter the property and abate the infraction. If the A. Notwithstanding the remedial immediate danger constitutes an emergency abatement time periods contained in Section threatening immediate death or physical injury 1.16.140, if the Geode Eenforcement °officer to persons, the city may abate the infraction determines that the alleged infraction presents an without obtaining a warrant if the delay immediate danger to the public health, safety or associated with obtaining the warrant would welfare, or that any continuance of the violation result in increased risk of death or injury, and would allow the recipient or respondent to profit may charge the abatement costs back to the from the violation or would otherwise be recipient or respondent. offensive to the public at large the °officer may ARTICLE II. JUDICIAL ENFORCEMENT 1.16.160 Notice - Methods of Service 1.16.170 Notice - Computation of Time Period 1.16.180 Notice - Information 1.16.190 Failure to Respond to Notice 1.16.200 Voluntary Compliance Agreement 1.16.210 Civil Infraction Summons and Complaint - Timing 1.16.220 Civil Infraction Summons and Complaint - Process Requirements 1.16.230 Civil Infraction Summons and Complaint - Service - Failure to Receive - Default 1.16.240 Civil Infraction Summons and Complaint - Respondent's Response Required 1.16.250 No Right to Jury 1.16.260 Representation by Counsel 1.16.270 Opportunity to he Heard - Cross - Examination 1.16.280 Witnesses 1.16.290 Hearing - Admissible Evidence 1.16.295 Burden of Proof 1.16.300 Hearing - Decision by Hearings Officer 1.16.310 Order to Abate - Judicial 1.16.320 Hearing - Records EXHIBIT A, - PAGE 11 1.16.330 Finality of Decision - Appeals. 1.16.340 Remedial Action b • I, - . . u n . 4 : I. • n • 1 1.16.350 Default .Judgment ARTICLE II. JUDICIAL person or by telephone the time period to ENFORCEMENT abate the infraction shall begin to run immediately upon such delivery. 1.16.160 Notice - Methods of Service: 213. Where the Notice of If a Notice of Violation Notice of Violation notice of infraction is mailed to the I on is given to a respondent pursuant to respondent, : - • .. .. - . this chapter, service of such notice may be time period prescribed by this chapter, notice made as follows: to abate the infraction shall be considered complete three days after such mailing, if the A }. A Notice of Violation notice address to which it is mailed is within the of the alleged infraction may be given to the state, and seven days after mailing if the respondent in person by the Geode address to which it is mailed is outside the Enforcement Oofficer. state. 213. A Notice of Violation Netiee 3C. Where the Notice of of the alleged infraction may be given by a Violation no ti c e o f infractio is affixed to the telephone call to the respondent. If notice is main door of the property or premises.,r given in this manner, the respondent may be purposes of computing the time period to given, at the Code Enforcement Officercode abate the infraction, notice shall be considered enforcement officer's discretion, a notice of complete three days after such affixation. infractien•Notice of Violation by first class (Ord. 02 -27, Ord. 86 -20 § 1(Exhibit mail sent to his last known address as soon as A(5)(C)(7)), 1986). possible after the initial notice by telephone. 1.16.180 Notice - Information: 3 . A Notice of Violation netiee of the alleged infraction may be given by A-1-. The following information mailing to the respondent at his last known shall be included in the Notice of Violation address. notice of infraction if one is given: 412. A Notice of Violation Notice la. A description or of the alleged infraction may be given by identification of the activity or condition affixing to the main door of the property or constituting the alleged infraction, and the premises. If notice is given in this manner, identification of the recipient as the the EGode eEnforcement Oofficer may, at his respondent; er her discretion, also provide the respondent with a Nuotice of irViolation by mail 2b. A statement that the sent to the respondent's last known address as eGode eEnforcement Officer has determined soon as possible after the initial notice by the activity or condition to be an infraction; posting. (Ord. 02 -27, Ord. 86 -20 § 1(Exhibit A(5)(C)(6)), 1986). 3e. A statement of the action required to remedy or cure abate the 1.16.170 Notice - Computation 49f alleged infraction and the time and date by Time Period: which the remedyabatement must be completed unless a Vvoluntary Ceompliance 4-A. Where the Notice of Aagreement is executed; Violation notice of infraction is delivered in EXHIBIT A, - PAGE 12 44. A statement advising b. The fact that a person alleged the respondent that if the required to have committed a civil infraction enters remcdyabatement is not completed within the .. _ ... ' . time specified and the respondent has not not be considered an admission of having entered into a Yvoluntary Ceompliance .. .. -. . Aagreement, a civil infraction summons and complaint will be issued and a forfeitur-c. -i=i c. The City shall abate further the maximum - amount evided --and civil processing of the alleged infraction during the penalties for the particular infraction may be time allowed in the voluntary compliance imposed. agreement for the completion of the necessary corrective action. The City shall take no B. 2. The following - .. if all terms of the voluntary compliance infraction at the discretion of The cGode agreement arc satisfied, other than steps enforcement Oofficerhas the discretion to necessary to terminate the enforcement action. include in the Notice of Violation an invitation to contact the cGode elinforcement 2. Failure to Comply with Agreement. Officer to discuss any questions the The failure to comply with any term of the respondent may have about the alleged voluntary compliance agreement constitutes violation, the requirements for compliance and any possibility of entering into a _ . .. . . voluntary compliance agreementVoluntary established by this chapter, except that after Compliance Agreement. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(5)(C)(8)), 1986). signed no further notice need be given before a civil infraction summons and complaint is 1.16.190 Failure ITo Respond ITo issued. The City may also proceed on the Notice: alleged infraction that gave rise to the voluntary compliance agreement. (Ord. 02 If notice is given, and the respondent 27, Ord. 86 20 §1(Exhibit A(5)(C)(10)), either receives or rejects the notice of 4-98647 infractionNotice of Violation and fails to remedyabate or cure the alleged infraction 1.16.210 Civil Infraction Summons within the time specified in the Notice of aAnd Complaint - Timing: Violationnoticc of infraction, the cGode enforcement gOfficer shallmav serve the A civil infraction summons and respondent with a civil infraction summons complaint may be served on the respondent: and complaint. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(5)(C)(9)), 1986). 4-A. Immediately upon discovery of the infraction; Agreement 132. Where the response period 1. Effect of Agreement. given in a nNotice of ivViolation is given and the response period in the violation a. The Code Enforcement Offieer Chas expired; or may enter into a voluntary compliance agreement with the respondent. The C. Where the period for agreement shall include time limits for compliance given in a Vvoluntary compliance and shall be binding on the Ceompliance Aagreement has been executed, responder - - .. . - - . . compliance has expired and the infraction has EXHIBIT A, - PAGE 13 not been curcdabated. (Ord. 02 -27, Ord. 86- g7. The time, date and 20 §1(Exhibit A(5)(D)(1)), 1986) . location at which the respondent is to appear in court; 1.16.220 Civil Infraction Summons aAnd Complaint - Process h$. A notice that a Requirements complaint based on the violation will be filed with the court; -I A. The physical form taken by a civil infraction summons and complaint is not i9. The amount of the material. What is material is the substance, maximum civil penalty for the infraction; the information contained therein. The Gcity may utilize various physical formats for the j.10. An explanation of the summons and complaint. A "long form" and respondent's obligation to appear at the a "short form" arc specifically authorized but hearing and that a monetary judgment may be other formats may be used. The state uniform entered for up to the maximum ci penalties citation may be used. Any form prepared by if the respondent fails to make all required the cGity should normally contain or solicit court appearances; the following information, but no complaint or summons shall be considered invalid for 111. = A space wherein the failure to comply with these rules, so long as respondent may admit having committed the the basic information regarding the infraction alleged infraction; and the court date is included. 112. e time period for 2B. The civil infractions returning the form to. the Th court; summons and complaint shall contain the I following information: mU. A notice that, if the respondent admits having committed the al. The name and infraction as charged, payment, in the amount address of the respondent; shown on the summons and complaint or as agreed with the code enforcement officer h2. A description of the pursuant to 1.16.660 of this chapter, as may infraction that can be understood by a person be appropriate, must accompany the making a reasonable effort to do so; admission; and e2. The date, time and n14. A form of place at which the infraction is alleged to have verification that the person signing the been committed. If the infraction is alleged to complaint swears that the person has be ongoing, the civil infractions summons reasonable grounds to believe, and does so and complaint shall so state and shall list a believe, that the respondent committed the date on which the infraction was observed; alleged infraction. (Ord. 02 -27, Ord. 86 -41 § §1 - 4, 1986;. Ord. 86 -35 § §1 - 4, 1986; Ord. 44. A file or reference 86 -20 §1(Exhibit A(5)(D)(2)), 1986). number; 1.16.230 Civil Infraction Summons e The date the civil aAnd Complaint - Service - infraction summons and complaint was Failure To Receive - issued; Default. €'. The name of the code A. -l- Service of the civil enforcement officer issuing the citation; infraction summons and complaint_ —shall be made consistent with the requirements of the EXHIBIT A, - PAGE 14 Oregon Rules of Civil Procedure and may be 3G. No default shall be entered made by: against any respondent without proof that the respondent had notice of the civil infraction 1. pPersonal service on summons and complaint. A sworn affidavit the respondent or an agent for the respondent, of the code enforcement QOfficer outlining the method of service, including the date, time 2. by :,Substitute and place of service shall create a rebuttable service at the respondent's dwelling or office-4 presumption that the respondent had such notice. (Ord. 02 -27, Ord. 89 -21 §1, 1989: 3. by aAffixing to the Ord. 86 -20 § 1(Exhibit A(5)(D)(3)), 1986). main door of the property or premises, or by 1.16.240 Civil Infractions Summons 4. sCertified mail, aAnd Complaint - return receipt requested, to the respondent at Respondent's Response his last known address. Required: B. In the event of substitute A -. Response Required. A service at the respondent's dwelling, the respondent served with a civil infraction person served must be at least feurteen-14 summons and complaint shall respond to the years of age and residing in the respondent's complaint by personally appearing at the place of abode. scheduled first appearance in court or by making a written response by mail or personal C. Service at the respondent's delivery to the cCourt. office must be made during regular business hours. Substitute service at the respondent's B. issierr: If the respondent office must be made to the person who is admits the infraction, the respondent may so apparently in charge. indicate on the summons and forward the form to the Ecourt. Payment in the amount of D. _If substitute service is used a the civil penalty for the infraction, as shown true copy of the summons and complaint, on the summons or as agreed with the €ode together with a statement of the date, time and Enforcement enforcement Officer officer place at which service was made, must be pursuant to section 1.161120 660 of660 of mailed to the respondent at the respondent's this chapter,chapter shall be submitted with last known address. Service will be the response. An appropriate findings shall be considered complete upon such a mailing. entered in the records of the Civil civil ilnfraction Hearings hearings Officer—officer E. Service by any other method indicating the receipt of the civil penalty. reasonably calculated, under all the circumstances, to apprise the respondent of C3_. First Anppearance. If the the existence and pendency of the infraction respondent does not admit the infraction, the and to afford a reasonable opportunity to respondent must appear at the scheduled first respond shall be acceptable. appearance in court. �F. Service on particular 1. At the first respondents, such as minors, incapacitated appearance, the respondent may deny the persons, corporations, limited partnerships, infraction and request a hearing, admit the the state, other public bodies and general infraction, or not contest the infraction. partnerships shall be as prescribed for the service of a civil summons and complaint by 2. If the respondent the Oregon Rules of Civil Procedure. either admits or does not contest the infraction the respondent shall be given the opportunity EXHIBIT A, - PAGE 15 to provide a statement. Based on the request that witnesses be ordered by subpoena statement provided by the respondent and any to appear at the hearing. The respondent shall additional information provided by the eCode make such request in writing to the Ceourt at eEnforcement QOfficer, the Civil ilnfractions least five days prior to the scheduled hearing. hHearings Officer shall impose a civil penalty not to exceed the maximum civil B. 2-Subject to the same five - penalty allowed for the infraction. day limitation, the Code Enforcement O fieerCodecode enforcement officer, the 3. If the respondent citizen who signed the complaint, or the requests a hearing a hearing shall be Citycity aAttorney, as appropriate, may also scheduled. (Ord. 02 -27, Ord. 86 -41 §5, 1986; request in writing that the Ecourt order certain Ord. 86 -35 §5, 1986; Ord. 86 -20 §1(Exhibit witnesses A(5)(E)), 1986). to appear by subpoena. I 1.16.250 No Right tlo Jury: C. If a civil penalty is declared in the final order, the order shall also provide Any hearing to determine whether an that the respondent shall pay any witness fees infraction has been committed shall be held payable in connection with the hearing. (Ord. before the Civil .civil Infraction infraction 02 -27, Ord. 86 -20 §1(Exhibit A(5)(F)(4)), Hearings hearings Officer officer without a 1986). jury. (Ord. 86 -20 §1(Exhibit A(5)(F)(1)), 1986). 1.16.290 Hearing - Admissible Evidence; 1.16.260 Representationy Counsel; A }_, Admissible Evidence. a. Relevant Evidcncc.The hearing The respondent may be represented shall be limited to production of evidence by legal counsel; however, legal counsel shall only on the infraction alleged in the not be provided at public expense. Written complaint. notice shall be provided to the Hearings hearings O€f eer officer and Cede —code $13 Oral Evidence. Oral evidence Enf enforcement Officer officer no shall be taken only upon oath or affirmation later than five days prior to any appearance by administered by the cGivil ilnfractions legal counsel at an appearance or hearing. hHearings OQfficer. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(5)(F)(2)), 1986). Cep Admissibility_ of Evidence. Evidence shall be admitted if it is of the type 1.16.270 Opportunity Tic) 1rBe Heard which responsible persons are accustomed to - Cross - Examination; rely on in the conduct of serious affairs, regardless of the existence of any common At a hearing a respondent shall have law or statutory rule which might render such the right to present evidence and witnesses in evidence inadmissible in civil actions in the respondent's favor, to cross - examine any courts of competent jurisdiction in this state. witnesses who testify against the respondent, and to submit rebuttal evidence. (Ord. 02 -27, 12 Exclusion of Evidence. Ord. 86 -20 §1(Exhibit A(5)(F)(3)), 1986). Irrelevant or unduly repetitions-repetitious evidence shall be excluded. 1.16.280 Witnesses; 2. Burden of Proof. The complainant or, if the City is the complainant, the Code A. 1. The respondent may Enforcement Officer, shall have the burden of EXHIBIT A, - PAGE 16 proving the alleged civil infraction by a preponderance of tho evidence. (Ord. 86 20 Upon a finding that the infraction was § 1(Exhibit A(5)(F)(5) and (6)), 1986). committed by the respondent, the hl4earings QOfficer may require the issue an Order to 1.16.295 Burden of Proof Abate requiring the respondent to abate the ordinance infraction within a specified time The complainant or, if the City is the period identified in the final order. Orders to complainant, the cCode elinforcement Abate issued under this section may only be O€ officer, shall have the burden of proving appealed pursuant to 1.16.330. (Ord. 89 -21 the alleged civil infraction by a preponderance §3, 1989). of the evidence. (Ord. 86 -20 §1(Exhibit A(5)(F)(5) and (6)), 1986). 1.16.320 Hearing_ _Records: 1.16.300 Hearing - Decision Rby The Court court shall maintain a Hearings Officer; record of the hearing proceedings. A mechanical recording of the hearing, A. —The h}4earings °Officer accompanied by any written documents, shall determine if the respondent committed correspondence or physical evidence the infraction as alleged in the complaint. associated with the matter shall be sufficient to meet the requirements of this section. B. When the infraction has not (Ord. 02 -27, Ord. 86 -20 §1(Exhibit been proven, a written order dismissing the A(5)(F)(9)), 1986). complaint shall be entered in the court records. 1.16.330 Finality Ogf Decision - Appeals; C. When the }}hearings Oofficer finds that the infraction was committed, The determination of the l4hearings written findings shall be prepared which set Officer officer shall be fmal. Review of the out sufficient information to substantiate the 14hearing OOfficer's determination shall be to commission of the infraction. the circuit court by writ of review, pursuant to Chapter 34 of the Oregon Revised Statutes. D. Written orders, including (Ord. 86 -20 §1(Exhibit A(5)(F)(10)), 1986). findings, shall be prepared within ten working days of the oral decision. The QCourt shall 1.16.340 Remedial Action Rhy the serve true copies of the hl4earings oOfficer's City = CostsSummary findings, order and judgment on all parties, Abatement. either personally or by mail. (Ord. 02 -27, Ord. 89 -21 §2, 1989: Ord. 86 -20 §1(Exhibit Upon finding that an A(5)(F)(7)), 1986). infraction was committed, as determined by a final decision of the #hearings OOfficer, the . . • €city may, after obtaining a warrant to enter RequiFementts: the property and abate the infraction, roce d to abate the infraction and Upon a finding that the infraction wa:, charge the remedial abatement costs back to • .. - - the respondent pursuant to 1.16.680.C. For the - • - .. . . ... - purposes of this subsection "a final decision the ordinance infraction within a specified of the }}hearings Offficer" means a final time period identified in the final order. (Ord. decision for which judicial review was not S9 21 §3, 1989). sought within the time allowed by law or a decision of the Flh earings Offficer that was 1.16.310 Order to Abate - Judicial upheld by a final decision in the judicial EXHIBIT A, - PAGE 17 review and appeal process. (Ord. 02 27, Ord. 99 01; Ord. 86 20 a71(Exhibit A(6)), 1986). 2. In the case of an immediate danger under Section 1.16.150 of this code, the City 1.16.350 Default Judgment: may remedy the infraction and charge the remedial cost back to the respondent, after Subject to the limitations set forth in ..... . .. Section 1.16.2304, a default judgment shall ' . :.. be entered in an amount up to the maximum constitutes an emergency threatening civil penalty applicable to the charged .. .. infraction if the respondent fails to appear at the City may abate the infraction without the scheduled hearing. (Ord. 02 -27, Ord. 86- obtaining a warrant if the delay associated 20 §1(Exhibit A(7)), 1986). with obtaining the warrant would result in increased risk of d ath or injury, and may . . . ! charge the remedial costs back to the respendent, The Code Enforcement Officer is 3. The Codc Enforcement Officer shall authorized to promulgate any rules he or she ,. _ .. considers necessary to enforce this chapter. or upon property in accordance with law to : - • • - investigate or to remedy the infraction. This by the City Council by resolution. (Ord. 02 . . .. 27, Ord. 86 20 §1(Exhibit A(10)), 1986). entry when a warrant is required by state or f la ! .. .. . 1. The Finance Officer shall keep an 1. When a judgment is rendered by the accurate record of all costs incurred by the Herrings Officer in favor of the City for the _ .. sum of ten dollars or more, exclusive of costs e = . .. - - - .. . • . - - and disbursements, the Code Enforcement mail, return receipt requested, of these costs, Officer shall, at any time thereafter while the .. .. judgment is enforceable, file with the City be assessed to and become a lien against the Finance Officer a certified transcript of all days of the notice, and shall further notify the Hearings Officer with respect to the action in hearing to contest the amount of the costs to be assessed. 2. Upon receipt of this transcript, the Finance Officer shall enter the judgment of 5. The respondent shall be entitled to the Hearings Officer on the City's lien docket. the costs assessed to remedy the alleged 3. From the time of entry of the infraction. That hearing shall be conducted judgment on the City's lien docket, the pursuant to the procedures established in judgment shall be a lien upon the real _ ! property of the person against whom the chapter. judgment was entered in the hearing. Except as provided in 16.16.370.1 of this section, 6. If the remedial costs arc not paid, - - the Finance Officer shall follow the - - procedures for lien filing and docketing as judgment more than ten years from the contained in Section 1.16.370 of this chapter. - EXHIBIT A, - PAGE 18 'I. Whenever a judgment of the Judgment-Orden H arings Officer which has been entered . Failure to abate an infraction or pay the H arings Officer, the lien established by . • .. 1.16.370.3 of this section is automatically .. .. extended ten y ars from the date of the constitute a Class 1 civil infraction. Failure to renewal order. _ • . infraction and a separate infraction will be 5. The Finance Officer shall file the deemed to occur each calendar day the failure transcript of the judgment with the to- c-emply infraction continues to exist past Washington County Clerk for entry in the the time allowed in the judgment order. (Ord. judgment docket of the circuit court. All costs 89 21 §'I 1989). associated with the filing of the transcript .. .. _ 1.16.390 Penalty Payment Due (Ord. 86 20 §1(Exhibit A(9)), 1986). When. . : ! Any civil penalty assessed shall be paid loran- thirty days after the final order. When an infraction is of continuous Such period may be extended upon order of . .. _ ' - . ' . . . : , the Hearings Officer. (Ord. 86 20 §1(Exhibit .... .. A( 1986). on each calendar day the infraction continues to exist. (Ord. 86 20 §1(Exhibit A(8)(A)), 1986), ARTICLE III. ADMINISTRATIVE ENFORCEMENT 1.16.400 Order to Abate - Administrative 1.16.410 Abatement by the Responsible Party 1.16.420 Order to Abate - Administrative - Appeals Process 1.16.430 Abatement by the City 1.16.440 Judicial Review ARTICLE III. ADMINISTRATIVE _ :: . ENFORCEMENT A. Upon finding any of the following the code enforcement officer may 1.16.400 Penalty— cause an Order to Abate to be posted on the Glassifieatien subject property and mailed to the owner and Abate - Administrative each other known responsible party: 1. A violation exists, or 2. Any responsible party is not responsive or cooperative after 1. Class 1 infractions; receiving a Letter of Complaint, or 2. Class 2 infractions; 3. A recipient failed to comply with the terms of a Voluntary 3. Class 3 infractions. (Ord. 86 20 Compliance Agreement, EXHIBIT A, - PAGE 19 6. A statement that B. The order shall require the failure to abate an infraction may result in respondent to abate the ordinance infraction imposition of an administrative fee or lien on within a specified time period. the property. C. Prior to mailing or posting an 7. A statement that the Order to Abate, the code enforcement officer responsible party may protest the Order to must have probable cause to believe that a Abate by giving notice to the code civil infraction exists, based on personal enforcement officer within 10 days following observation of the violation by the code the date of the order. Contact information for enforcement officer or other credible the code enforcement officer shall be included authority in the Order to Abate. D. The code enforcement officer F. Upon completion of mailing shall cause a copy of the Order to Abate to be and posting, the persons mailing and posting posted on the premises at the site of the shall execute and file certificates stating the violation. date and place of the mailing and posting, respectively. E. An Order to Abate shall be mailed by first class or certified mail to the G. An error in the address or last known address of the responsible party. name of the responsible party shall not make An Order to Abate shall contain: the Order to Abate void, and in such case the posted notice shall be sufficient. 1. A description of the rot property, by street address or otherwise, 1.16.410 Pena— on which the infraction exists. AssessmentAbatement by the Responsible Party 2. The date of the order. The civil penalty to be 3. A direction to abate se` for ° cific the infraction within no less than 10 days and no more than 30 days from the date of the follows: order. 1. For Class I infractions, 4. A description of the amount not to " eed infraction. tw o h fift doll 5. A statement that. 2. For Class 2 infractions, unless the infraction is removed: amount no to " eed one-huniked-Fiftdolla-Fs- a. A warrant may be obtained, 3. For Class 3 infractions, b. The city may fift doll (O 4620 abate the infraction, and - • : ' , ' : c. The cost of abat ent will be charged to the responsible A. Within the timeline specified Part- in the Order to Abate, the responsible party shall abate the infraction or appeal the Order to Abate pursuant to 1.16.420. . EXHIBIT A, - PAGE 20 B. Upon receipt of a written B. Any responsible partx statement of protest from a responsible party, intending to abate the infraction shall provide the code enforcement officer shall, within 10 notice to the code enforcement officer before days of receipt of the protest, schedule a abating the infraction and shall allow the city hearing before the civil infractions hearings to inspect dining and on completion of the officer, to be held within 30 days of receipt. abatement. The notification shall state how the infraction will be abated, when it will be abated, and who will be abating it. C. At the hearing set for consideration of the infraction, the person 1.16.415 Penalty Repeat protesting may appear and be heard by the Violations, civil infractions hearings officer and the civil infractions hearings officer shall determine whether or not an infraction in fact exists. The city manager is authorized to draft and adopt rules and policies to provide for a civil infractions hearings officer review process consistent with this subsection and principles of due process. The civil infractions hearings officer's determination shall be required only in those cases where a written protest has been filed as provided in this section. snbsequentrepetition D. If the civil infractions hearings officer determines that an infraction does in fact exist, the responsible party shall, } within five days after the civil infractions hearings officer's determination, abate the 1.16.420 _Penalty Prior to infraction, unless the civil infractions hearings HearingTOrder to Abate — officer determines that the responsible party Administrative — Appeal should not be given the opportunity to abate ProcesR or unless the civil infractions hearings officer decision allows a period of time greater than _ . five days. E. The civil infractions hearings officer may determine that the responsible party for the infraction should not be given the opportunity to abate only if the civil infractions hearings officer finds that the appearance. (Ord. 0 2 7 " responsible party for the infraction is unlikely to properly abate the infraction. The A. A responsible party determination that a responsible party is protesting that the alleged infraction does not unlikely to properly abate the infraction shall exist shall file with the code enforcement be based on the findings as to one of the officer a written statement specifying the following: basis for the protest before the abatement date specified in the order or at most within 10 1. Whether the person days of the date of the notice. Standing to acted intentionally or whether the infraction is protest is limited to a responsible party. egregious; or EXHIBIT A, - PAGE 21 2. Whether the person 1.16.430 Abatement by the City had knowledge that the action was a violation of state law or city code; or If, within the time allowed, the infraction has not been abated by the 3. Whether the person responsible party, the city manager may cause has the professional expertise to perform the the infraction to be abated by securing an ' abatement. abatement warrant pursuant to sections 1.16.110 through 1.16.114. •. 1.16.440 Judicial Review Delinquent civil penalties and those Judicial review of a decision of the civil infractions hearin . officer on the a . . eal any other method, be collected or enforced of an Order to Abate shall be on the record by pursuant to Oregon Revised Statutes 30.310. writ of review pursuant to ORS Chapter 34 (Ord. 02 27, Ord. 86 20 §1(Exhibit A(8)(E)), and not otherwise. 1986).• ARTICLE IV. PENALTIES, FEES AND COSTS 1.16.600 Continuous Infractions 1.16.610 Failure to Comply With Judgment Order, Order to Abate or Notice of Assessment 1.16.620 Penalties, Fees and Costs - Payment 1.16.630 Penalties and Fees - Classifications 1.16.640 Penalties and Fees - Amounts to be Assesse 1.16.650 Penalties and Fees - Repeat Violations 1.16.660 Penalties and Fees - Prior to First Appearance in Court 1.16.670 Delinquent Civil Penalties, Fees and Costs 1.16.680 Penalties, Fees and Costs - Assessment 1.16.690 Administrative Fees and Costs - Notice of Assessment 1.16.700 Administrative Fees and Costs - Notice of Objection and Hearing 1 16 710 Penalties, Fees and Costs - Collection, Lien Filing and Docketing ARTICLE IV. PENALTIES, FEES AND COSTS 1.16.388h44 Continuous Infractions a judicial Order to Abate an infraction or pay thea civil penalty or court costs imposed When an infraction is of a continuous within the time allowed for abatement or nature, unless otherwise specifically provided, payment shall constitute a Class 1 civil a separate infraction shall be deemed to occur infraction. on each calendar day the infraction continues to exist. (Ord. 86 -20 §1(Exhibit A(8)(A)), B. Failure to comply with an 1986). administrative Order to Abate an infraction or to pay an administrative fee or statement of 1.16.385610 Failure TO Comply With administrative or abatement costs within the Judgment Order, Order to time allowed for such abatement or payment Abate or Notice of in a Notice of Assessment shall constitute a Assessment Class I Civil Infraction. A. Failure to--abate comply with C. Failure to comply with a EXHIBIT A, - PAGE 22 judgment order, an Order to Abate or a Notice amount: of Assessment is a continuous infraction and a a. Computed separate infraction will be deemed to occur in a manner established by administrative rule each calendar day the failure to comply pursuant to 1,16.105 infraction continues to exist past the time allowed in the judgment order. (Ord. 89 -21 b. For the §4, 1989). entire period the violation exists and not for each day of the violation. 1.16.39%20 Penalties,y Fees and Costs - Payment Due When 132. For Class 2 infractions, an amount not to exceed one hundred fifty Any civil penalty administrative fees, dollar-s$150 per day; or costs assessed shall be paid no later than 30 days thirty days after the final order or the c3. For Class 3 infractions, an date of notice. Such period may be extended amount not to exceed fifty- dollar�$50 per day. . , . .. - - - ..- - : e _ - by the code (Ord. 86 -20 §1(Exhibit A(8)(D)), 1986). enforcement officer for the administration process or upon order of the hearings officer. 1.16.44-5650 Penaltiesy and Fees — (Ord. 86 -20 §1(Exhibit A(8)(B)), 1986). Repeat Violations 1.16.440 fin Penaltisy and Fees - The maximum amounts of the Classifications civil penalties and administrative fees set forth in ccction 1.16.'1101.16.640.A.1, For the purpose of determining civil 1.16.640.B and 1.16.640.0 above shall be penalties and administrative fees, infractions doubled in the event that the respondent is are classified in the following categories: found in violation of a second and similar violation within 24_-months of the initial A. Class 1 infractions; violation and quadrupled in the event of a third or subsequent repetition within 24- B. Class 2 infractions; months of the initial violation. (Ord. 02 -27). C. Class 3 infractions. 1.16.424660 Penaltiesy nd Fees — Prior (Ord. 86 -20 §1(Exhibit A(8)(C)), 1986). to First Appearance_in Court 1.16.448640 Penaltyies and Fees. — Amounts to he The Ecode Eenforcement Oofficer is Assessedinent authorized to reduce the amount of the-a civil penalty that could be imposed or the amount The civil penalty or administrative fee of an administrative fee to be paid by the to be assessed for a specific infraction shall be n-, if compliance has been achieved as follows: and the-penalty amount is to be paid in full on or before the time and date of the first Al-. For Class 1 infractions, appearance in court or before the timeline set out in a Letter of Complaint or an Order to 1. aAn amount not to Abate. (Ord. 02-27). exceed $250 per day under either the judicial or the administrative 1.16.125670 Delinquent Civil- Penalties, enforcement process, or Fees and Costs 2. Under the Delinquent civil penalties, administrative enforcement process, an administrative fees or costs and EXHIBIT A, - PAGE 23 thesepenalties imposed by default judgment B. That the total amount of the may fees and costs as indicated will be assessed to be collected or and become a lien ag.. • • - • • • - •s • enforced pursuant to Oregon Revised Statutes persons responsible for the violation unless 30.310 or any other method. (Ord. 02 -27, paid within 30 days from the date of the Ord. 86 -20 § 1(Exhibit A(8)(E)), 1986). notice; 1.16.680 Penalties, Fees and Costs - Assessment C. That any responsible party for the fees and costs may file a written notice of A__Upon a finding by the civil objection to the amount of the fees and costs infractions hearings officer that an infraction with the code enforcement officer not more was committed by the respondent the civil than 10 days from the date of the notice. infractions Mhearings Oofficer may assess a civil penalty pursuant to Sections -1-.-143-80 1.16.700 Administrative Fees and 1.16.600 through = 1.16.120 1.16.6504 —this Costs - Notice of Objection ehapter, plus hearing - costs, and • fitness f es if and Hearing If an objection to an administrative B. Upon a finding by the code fee or costs is filed as provided in Section enforcement officer that an infraction was 1.16.690, the code enforcement officer shall, committed by the respondent and if, within within 10 days, cause a hearing to be the time allowed in an Order to Abate, the scheduled to be held within 30 days before the infraction has not been abated by the civil infractions hearings officer. The civil responsible party, the code enforcement infractions hearing officer shall hear the officer may assess an administrative fee objection and determine the amount of the fee pursuant to Sections 1.16.600 - 1.16.650, plus and costs to be assessed including the costs to costs. the city of respondin . • • - • •_ - • • • • - city's position is sustained. C. For abatement of a violation by the city by judicial process pursuant to 1.16.710 Penalties, Fees and Costs — Section 1.16.340 or administrative process Collection, Lien Filing and pursuant to Section 1.16.430 the code Docketing enforcement officer shall keep an accurate record of the costs incurred by the city in A4. When a judgment is rendered abating the violation. The total amount of by the hearings officer in favor of the city for these charges will be assessed against the the sum of ten-dellapa-$100 or more, exclusive responsible party as the cost of abatement, of costs , the Geode 1.16.690 Administrative Fees and Enforcement Officer shall, at any time thereafter while the judgment is enforceable, Costs - Notice of Assessment file with the Gcity Ffmance Ogfficer a certified transcript of all those entries made in Upon the assessment of the docket of the hearings officer with respect administrative fees or costs pursuant to to the action in which the judgment was Section 1.16.680 the code enforcement officer entered. shall forward to all persons responsible for the violation a Notice of Assessment stating: B. Upon receipt of this A. The total administrative fees judgmcnt of the Hearings Officer on the and costs if any, assessed for the violation; City's lien docket. An assessment of the EXHIBIT A, - PAGE 24 administrative fees and costs as stated in the Washington County Clerk for entry in the Notice of Assessment shall be made if: judgment docket of the circuit court. All costs associated with the filing of the transcript 1. No objection to shall be added to the amount of the judgment administrative fees and costs is filed as statement. provided in Section 1.16.700 or; 2. Fees or costs remain applicable followine a hearin on an obiectio and the fees and costs are not paid within 30 days from the date of the notice or the date of the hearing order. C. The code enforcement officer shall file with the city finance officer a certified statement of the total fees and costs d D. Upon receiving the statement of total fees and costs due or the certified transcript. the Ggity Ffmance °officer shall enter that total on the Gcity's lien docket. E. The city may bring legal action to collect any civil penalties, fees, costs or interest provided for in this chapter. The city may also use a professional collection agency, or cause the full amount of civil penalties, fees, costs or interest owed to be entered into the city's lien docket and, from the time of entry on the city's lien docket it shall constitute a lien upon property of all persons responsible for the violation. F. A lien shall bear interest at the rate of nine percent per year. Such interest shall commence to run from date of the entry of the lien in the lien docket. G. An error in the name of . 1y person to whom notice is sent shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against property of the responsible party for the violation. H. The Ffinance °officer shall file the a/gement of total fees and costs due or the transcript of the court judgment with the EXHIBIT B-1 — PAGE 1 Chapter 7.42 CHRONIC NUISANCE PROPERTY. (1) The owner and the owner's agent, as shown on the tax rolls of Washington County; Sections: (2) The resident of the property, as shown 7.42.010 Short Title. on the records of the Water Department. 7.42.015 Incorporation Of State Statute. 7.42.020 Definitions. (c) After three occurrences of any of the acts or 7.42.030 Chronic Nuisance Property. behaviors listed in Section 7.42.020(c) of this 7.42.040 Prefiling Notification Code within a 60 day period, notification shall be Procedure. provided as described in Subsection (b) of this 7.42.045 Commencement Of Actions; section. (Ord. 94 -11). Summons And Complaint. 7.42.050 Remedies. 7.42.045 Commencement Of Actions; 7.42.060 Defenses; Mitigation Of Civil Summons And Complaint. Penalty. 7.42.070 Closure During Pendency Of (a) A uniform infraction summons and Action; Emergency Closures. complaint, containing the following parts, may be 7.42.080 Enforcement Of Closure served upon any responsible party for chronic Order; Costs; Civil Penalty. nuisance property, citing that party into Municipal 7.42.085 Tenant Relocation Costs. Court. 7.42.090 Attorney Fees. 7.42.100 Severability. (1) The summons; 7.42.110 Nonexclusive Remedy. (2) The complaint; and (7.42.010 through 7.42.030 — no change) (3) A description of the alleged occurrences leading to violation of this Chapter, stating the 7.42.040 Prefiling Notification times and places of those occurrences. Procedure. (b) The uniform infraction summons shall (a) Except as otherwise noted herein, contain the following information: notwithstanding Subsection 1.16.060.BEb3 of this Code, this section sets out procedures to be used (1) The file number; in processing an infraction of this Chapter. (2) The name and address of each (b) After two occurrences of any of the acts or respondent; behaviors listed in Section 7.42.020(c) of this Code within a 60 day period, the Chief of Police (3) The infraction with which the shall provide notification via certified mail, respondent is charged; stating the times and places of the alleged occurrences and the potential liability for violation (4) The date, time, and place at which the of this Chapter, to all responsible parties for the hearing on the infraction is to take place; property. Responsible parties for a given property shall be presumed from the following: (5) An explanation of the respondent's EXHIBIT B -1— PAGE 2 obligation to appear at this hearing, and that 1.16.230.G(e) of this Code, a default judgment failure to appear may result in a default judgment may be entered against a respondent who fails to being taken against the respondent; appear at the scheduled hearing. Upon such judgment, the Court may prescribe the remedies (6) An explanation of the respondent's right described in this Chapter. (Ord. 94 -11). to a hearing, right to representation by counsel at personal expense, right to cross examine adverse (7.42.050 through 7.42.070 - no change) witnesses, and right to compulsory process for the production of witnesses; 7.42.080 Enforcement Of Closure Order; Costs; Civil Penalty. (7) notice that the cost of the hearing, including witness fees, may be charged to the (a) The Court may authorize the City to respondent if the final order of the Court finds that physically secure the property against use or the property is a chronic nuisance property. occupancy in the event that the owner(s) fail to do so within the time specified by the Court. (c) The uniform infraction complaint shall contain the following information: Co) The Court may assess on the property owner the following costs incurred by the City in (1) The date, time, and place the alleged effecting a closure of property: infractions occurred; (1) Costs incurred in actually physically (2) The date on which the complaint was securing the property against use; issued; (2) Administrative costs and attorneys fees (3) A notice to the respondent that a civil in bringing the action for violation of this Chapter. complaint has been filed with the Municipal Court. (c) The City Manager may, within 14 days of written decision by the Court, submit a signed and (d) Service of the summons and complaint shall detailed statement of costs to the Court for its be accomplished as described in Section 1.16.230 review. If no objection to the statement is made of this Code. In addition to the affidavit described within the period prescribed by Oregon Rule of in Subsection G (e) of that section, a return receipt Civil Procedure 68, a copy of the statement, of certified mailing which indicates delivery of including a legal description of the property, shall the summons and complaint to the respondent's be forwarded to the Office of the City Finance last known address, or a certified mailing which Director who thereafter shall enter the same in the has been returned by the Post Office "unclaimed," City's lien docket in the same manner prescribed shall also create a rebuttable presumption that the by Section 1.16.370 1.16.710 of this Code. respondent had the required notice. (d) Persons assessed the costs of closure and /or (e) The hearing for determination as to whether civil penalty pursuant to this Chapter shall be an infraction has been committed shall take place jointly and severally liable for the payment in the manner described in Sections 1.16.250 to thereof to the City. (Ord. 03 -08, Ord. 94 -11). 1.16.300 and 1.16.320 of this Code. (7.42.085 through 7.42.110 — no change) (f) Subject to the limitations of Subsection EXHIBIT B -2 — PAGE 1 Chapter 7.74 EMERGENCY OPERATIONS. Sections: 7.74.000 Emergency Management Code. 7.74.010 Short Title. 7.74.020 Emergency Management Plan. 7.74.030 Agreements. 7.74.040 "Local Emergency" Defined. 7.74.050 Adoption of the National Incident Management System. 7.74.060 Executive Responsibilities and Line of Succession. 7.74.070 Declaration and Ratification of a Local Emergency. 7.74.080 Declaration of Emergency— Authorized Procedures. 7.74.090 Violations- Penalties. (7.74.000 through 7.74.080 – no change) 7.74.090 Violations — Penalties. No person shall knowingly violate any regulation promulgated pursuant to this chapter, and imposed in a state of emergency declared pursuant to this chapter; nor shall any person knowingly violate any reasonable order issued by city emergency personnel during periods of declared emergency. Violation of an emergency regulation or order is a Class 1 civil infraction and shall be prosecuted as set forth in Chapter 1.16 of the Tigard Municipal Code, except that, notwithstanding TMC Section 1.16.640.A.1 1.16.110(1), the minimum fine upon conviction shall be not less than $250.00 and not more than $1,000.00 per offense. Each day of violation shall be deemed a separate offense for purposes of imposition of penalty. (Ord. 10 -03 § 1). • . This page intentionally left blank. • EXHIBIT B -3 — PAGE 1 Chapter 12.02 SANITARY SEWER AND (12.02.100 - no change) SURFACE WATER MANAGEMENT. Sections: 12.02.010 Title. 12.02.020 Defmitions. 12.02.030 Purpose. 12.02.040 Clean Water Services Rules Adopted. 12.02.050 Use And Operation; Charges Imposed For Use; Appeal Procedures And Enforcement. 12.02.060 Charges, Rates And Fees; Associated Penalties. 12.02.070 Pretreatment By Industrial Users. 12.02.080 Temporary Adoption Of Unified Sewerage Agency Ordinances, Resolutions And Orders. 12.02.090 Immediate Remedial Action Required. 12.02.100 Penalty. (12.02.010 through 12.02.080 - no change) 12.02.090 Immediate Remedial Action Required. If the Code Enforcement Officer determines that there has been a violation of this chapter, or that conditions exist that are likely to result in a violation, the officer may require immediate remedial action by the responsible party. If the Code Enforcement Officer is unable to serve a notice of infraction on the responsible party or, if after such service, the responsible party refuses or is unable to remedy the infraction, the City may proceed to remedy the infraction as provided in Section 1.16.310 1.16.150 of this code. (Ord. 94- 19) This page intentionally left blank. • EXHIBIT B -4 — PAGE 1 Chapter 14.04 BUILDING CODE. voluntary correction, failing which the Building Official may issue a notice of civil violation to Sections: one or more of the responsible persons to correct the violation. Except where the Building Official 14.04.010 Title. determines that the violation poses an immediate 14.04.020 Definitions. threat to health, safety, environment, or public 14.04.030 State Codes Adopted. welfare, the time for correction shall be not less 14.04.040 Administration. than five calendar days. 14.04.050 Repealed By Ord. 96 -10. 14.04.060 Repealed By Ord. 01 -25. 3. Following the date or time by which the 14.04.065 Electrical Program correction must be completed as required by an Administration. order to correct a violation, the Building Official 14.04.070 Occupancy Restriction shall determine whether such correction has been Recordation. completed. If the required correction has not been 14.04.090 Violation — Penalty— Remedies. completed by the date or time specified in the 14.04.095 Building Official— Authority to order, the Building Official may issue a notice of Impose Administrative Civil civil violation to each person to whom an order to Penalty correct was issued. 14.04.098 Appeal Procedures. 4. Notwithstanding subsection (2) above, the Building Official may impose a civil penalty (14.04.010 through 14.04.090 - no change) without having issued an order to correct violation or made attempts to secure voluntary correction where the Building Official determines that the 14.04.095 Building Official— Authority to violation was knowing or intentional or a repeat of Impose Administrative Civil a similar violation. Penalty. 5. In imposing a penalty authorized by this 1. In addition to, and not in lieu of, any section, the Building Official shall consider: other enforcement mechanism authorized by this code, upon a determination by the Building a. The person's past history in taking Official that a person has violated a provision of all feasible steps or procedures necessary or this Chapter or a rule adopted thereunder, the appropriate to correct the violation; Building Official may impose upon the violator and/or any other responsible person an b. Any prior violations of statutes, administrative civil penalty as provided by rules, orders, and permits; subsections (1) to (12) of this section. For purposes of this subsection, a responsible person c. The gravity and magnitude of the includes the violator, and if the violator is not the violation; owner of the building or property at which the violation occurs, may include the owner as well. d. Whether the violation was repeated or continuous; 2. Prior to imposing an administrative civil penalty under this section, the Building Official e. Whether the cause of the violation shall pursue reasonable attempts to secure was an unavoidable accident, negligence, or an EXHIBIT B -4 — PAGE 2 intentional act; an appeal, unless the responsible person appeals the penalty to the City Manager or City Manager's f. The violator's cooperativeness and designee pursuant to, and within the time limits efforts to correct the violation; and established by, Section 14.04.098. If the responsible person appeals the civil penalty to the g. Any relevant rule of the Building City Manager or City Manager's designee, the Official. penalty shall become final, if at all, upon issuance of the City Manager or City Manager's designee's 6. The notice of civil penalty shall either decision affirming the imposition of the be served by personal service or shall be sent by administrative civil penalty. registered or certified mail and by first class mail. Any such notice served by mail shall be deemed 9. Each day the violator fails to remedy the received for purposes of any time computations code violation shall constitute a separate violation. hereunder three days after the date mailed if to an address within this state, and seven days after the 10. Failure to pay a penalty imposed date mailed if to an address outside this state. A hereunder within 10 days after the penalty notice of civil penalty shall include: becomes final as provided in subsection (8) shall constitute a violation of this code. Each day the a. A description of the alleged penalty is not paid shall constitute a separate violation, including any relevant code provision violation. The Building Official also is authorized numbers, ordinance numbers or other identifying to collect the penalty by any administrative or references; judicial action or proceeding authorized by subsection (11) below, other provisions of this b. A statement that the City intends to code, or state statutes. assess a civil penalty for the violation and states the amount of the civil penalty; The civil penalty authorized by this section shall be in addition to: c. A statement that the party may challenge the assessment of a civil penalty; and a. Assessments or fees for any costs incurred by the City in remediation, cleanup, or d. A description of the means and the abatement, and deadline for informing the City that the party is challenging the assessment of the civil penalty. b. Any other actions authorized by law. 7. Any person who is issued a notice of civil penalty may appeal the penalty to the City 11. If an administrative civil penalty is Manager or City Manager's designee. The City imposed on a responsible person because of a Manager's designee shall not be the Building violation of any provision of this code resulting Official or Building Inspector. The provisions of from prohibited use or activity on real property, Section 14.04.098 of this code shall govern any and the penalty remains unpaid 30 days after such requested hearing, except that the burden of proof penalty become final, the Building Official shall shall be on the Building Official. assess the property the full amount of the unpaid fine and shall enter such an assessment as a lien in 8. A civil penalty imposed hereunder shall the docket of City liens. At the time such an become final upon expiration of the time for filing assessment is made, the Building Official shall EXHIBIT B -4 — PAGE 3 notify the responsible person that the penalty has been assessed against the real property upon which the violation occurred and has been entered in the docket of City liens. The lien shall be enforced in the same manner as liens established by judgment of a Hearings Officer pursuant to Section 1.16.370 1.16.710 of this code, except that the Building Official shall be substituted for the Hearings Officer and a civil penalty shall be substituted for a judgment. The interest shall commence from the date of entry of the lien in the lien docket. 12. In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to subsection (1) of this section shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or certificates of occupancy. (Ord. 09 -16 § 2) (14.04.098 — no change) EXHIBIT B -4 — PAGE 4 This page intentionally left blank. 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 12 -0,2 AN ORDINANCE ADDING TITLE 6, NUISANCE VIOLATIONS, TO THE TIGARD MUNICIPAL CODE, AMENDING TITLES 2, 7, 15 AND 18, AND DELETING CHAP"IERS 7.40 AND 7.61. WHEREAS, nuisance violations of the Tigard Municipal Code (TMC) currently appear in five titles of the TMC; and WHEREAS, for convenient reference by the public and by city staff, the city desires to consolidate nuisance citations into one title in the TMC; and WHEREAS, the City Council wishes to clarify and modernize the text of various citations and provisions; and WHEREAS, the City Council desires existing sections of the TMC that refer to sections of Title 6 to be consistent with the new text. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Title 6, Nuisance Violations, as shown in Exhibit A, is added to the Tigard Municipal Code. SECTION 2: The Tigard Municipal Code is amended as follows: Title 7 Table of Contents as shown in Exhibit B -1, Chapter 7.40 as shown in Exhibit B -2 and Chapter 7.61 as shown in Exhibit B -3; text to be deleted is shown in-ateikedtreugh and text to be added is shown in underline. SECTION 3: Cross - references in the Tigard Municipal Code are amended as follows: Chapter 2.52 as shown in Exhibit C -1, Chapter 7.58 as shown in Exhibit C -2, Chapter 7.80 as shown in Exhibit C -3, Chapter 15.16 as shown in Exhibit C -4 and Chapter 18.725 as shown in Exhibit C -5; text to be deleted is shown in c,trikcthrough and text to be added is shown in underline. SECTION 4: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor, and posting by the city recorder. PASSED: By '97 p'/9,7 9 <z_- vote o all council members present after being read by number and title only, this May of 7t.'6 --C' e- 2012. City Recorder APPROVED: By Tigard City Council this 0 day of e , 2012. Mayor - City of Tigard ORDINANCE NO. 12 - 0 Page 1 } r Approved as to form: City AAey - -- ko Date ORDINANCE NO. 12 — 0 Page 2 • EXHIBIT A — PAGE 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 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 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 EXHIBIT A — PAGE 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 EXHIBIT A — PAGE 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 6.01.010 Short Title D. "Civil infraction" or "infraction" means the failure to comply with a The ordinance codified in this title shall provision of this title. be known as the "nuisance ordinance," and may also be referred to herein as "this title." E. "Costs" means all expenses incurred and charges associated with any action 6.01.020 Definitions taken by the city under this title including, but not limited to, the cost to the public of the staff As used in this title: time invested and, regarding items confiscated in violation of Sections 6.03.010 and 6.03.020, all A. "Abate" means to restore a expenses incurred and charges associated with property to its condition prior to the infraction, the removal, storage, detention, processing, or similar condition that is free of the subject disposition and maintenance thereof. infractions. In the case of graffiti, "abate" means to remove graffiti from the public view. F. "Dangerous building" means: B. "Abandoned personal property" 1. A structure that, for means any personal property, as the term is want of proper repairs, by reason of age and defined in this title, which has been discarded, dilapidated condition, by reason of poorly deserted or relinquished. installed electrical wiring or equipment, Personal property shall be considered defective chimney, defective gas connection, abandoned if any of the following conditions defective heating apparatus or for any other exist: cause or reason, is especially liable to fire, and that is so situated or occupied as to endanger any 1. Personal property is other building or property or human life; left unattended in the right of way for more than five hours; 2. A structure containing combustible or explosive material, rubbish, rags, 2. 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 or maintained or is in a filthy or unsanitary C. "City manager" means the city condition, especially liable to cause the spread manager or his designee. of contagious or infectious disease or diseases; 4. A structure in such EXHIBIT A — PAGE 4 weak, weakened, dilapidated or deteriorated condition as to endanger any person or property 4. Dead trees, dead due to a probability of partial or entire collapse. bushes, stumps and any other thing likely to cause fire; G. "Dispose of /Disposal" means to get rid of and includes sell, auction, donate, 5. Blackberry bushes that destroy, repurpose and recycle. extend into a right of way or across a property line; H. "Graffiti" means any inscription, word, figure or design that is marked, etched, 6. Vegetation that is a scratched, drawn or painted on any surface with health hazard; paint, ink, chalk, dye, other similar substance or placement of stickers or appliques, regardless of 7. Vegetation that is a content, without authorization from the health hazard because it impairs the view of the responsible party for the property. right of way or otherwise makes use of the right I. "Graffiti nuisance property" of way hazardous. means a property upon which graffiti has been 8. Any of the following placed and for which a Letter of Complaint or invasive and noxious plants: Hedera helix L. Notice of Violation has been sent to the (english ivy), Heracleum mantegazzianum (giant responsible party for the property consistent hogweed), Lythrum salicaria L. (purple with Chapter 1.16 and on which the graffiti has loosestrife), Polygonum cuspidatum (Japanese been allowed to remain for more than the length knotweed), Rubus discolor (Himalayan of time specified in the letter or notice. blackberry.) J. "Junk" means items that have no apparent utility or are in an unsanitary 9. "Noxious vegetation" condition. does not include vegetation that constitutes an agricultural crop, unless that vegetation is a K. "Noise- sensitive unit" shall health hazard, a fire hazard or a traffic hazard, include any building or portion of a building and it is vegetation within the meaning of this containing a residence, place of overnight subsection. accommodation, church, day care center, hospital, school or nursing care center. For the M. "Occupant" means any person, purpose of this definition, "residence" and tenant, sub - lessee, successor or assignee that has "overnight accommodation" do not include control over property. living /sleeping quarters of a caretaker or watchperson on industrial or commercial N. "Owner" means any person, property provided by the owner or operator of agent, firm, corporation, unincorporated the industrial or commercial facility. association, partnership, limited liability company or other entity having a legal or L. "Noxious vegetation" means: equitable interest in or a claim to a property and includes, but is not limited to, a mortgagor in 1. Weeds more than 10 possession, an occupant, or a person, agent, finn inches high; or corporation that owns or exercises control over items of property including abandoned 2. Grass more than 10 personal property or a sign confiscated pursuant inches high and not within the exception stated to this chapter. in paragraph 9 of this subsection; O. "Permit" means to knowingly 3. Poison oak, poison ivy allow, suffer or acquiesce by any failure, refusal or similar vegetation; or neglect to abate. EXHIBIT A — PAGE 5 P. "Person" means an individual created or allowed the condition to exist, or human being and may also refer to a firm, placed the object or allowed the object to exist corporation, unincorporated association, on the property, or partnership, limited liability company, trust, estate or any other legal entity. 5. A foreclosure or bankruptcy trustee. Q. "Personal property" means tangible items, other than signs, as defined in There may be more than one party this title, and vehicles which are reasonably responsible for a particular property. recognizable as belonging to individual persons and which have apparent utility. V. "Right of way" means a strip of R. "Plainly audible" means any land or structure occupied or intended to be occupied by a street, crosswalk, pedestrian or sound for which the information content of that bike path, railroad, road, electric transmission sound is unambiguously communicated to the line, oil or gas pipeline, water main, sanitary or listener, including but not limited to, storm sewer main, street trees or other special understandable spoken speech, comprehensible use and all other public ways and areas managed musical rhythms or vocal sounds. by the city. S. "Premises open to the public" W. "Sign" means any materials means all public spaces including, but not placed or constructed primarily to convey a limited to, streets, alleys, sidewalks, parks, message or other display and which can be rights of way and public open space, and private viewed from the right of way, another property property onto which the public is regularly or from the air including any outdoor sign, invited or permitted to enter for any purpose. display, li ht, device, figure, painting, g , P g, g, T. "Property" means any real or message, plaque, poster or other thing designed, personal property including, but not limited to, intended or used to advertise or inform. items affixed or appurtenant to real property or X. "Unauthorized" means without premises, house, building, fence or structure and consent of the owner, occupant or responsible items of machinery, drop boxes, waste containers, utility poles and vaults and post party office collection boxes. Y. "Unnecessarily loud" means any U. "Responsible party" means any sound that interferes with normal spoken of the following: communication or that disturbs sleep. Z. "Violation" means failure to 1. An owner, comply with a requirement imposed directly or indirectly by this title and may also mean civil 2. An entity or person infraction or infraction. acting as an agent for an owner by agreement that has authority over the property, is 6.01.030 Nuisances Designated - Class responsible for the property's maintenance or 1 Infraction management, or is responsible for abating or remedying a nuisance, A. Acts, omissions, conditions or objects specifically enumerated in this title are 3. Any person occupying hereby declared to be a public nuisance. the property, including bailee, lessee, tenant or other person having possession, B. Violations of other titles of this code are likewise declared to be public 4. The person who is nuisances unless otherwise characterized in their alleged to have committed the acts or omissions, • . EXHIBIT A — PAGE 6 location in another title. personal property, the location from which it was confiscated and the date and time of the C. In addition to nuisances confiscation; specifically enumerated within this title, every other thing, substance or act which is determined 3. Procedures by which by the council to be offensive, injurious or owners of confiscated personal property or signs detrimental to the public health, safety or can reclaim the items: welfare of the city is declared to be a nuisance. 4. A fee schedule for 6.01.040 Penalty for Violation of this violations of Chapter 6.03 and the recovery of Title costs associated with confiscation and reclamation of personal property or signs A. A violation of this title shall confiscated in the right of way. constitute a Class 1 Civil Infraction, which shall be processed according to procedures B. Such administrative rules shall established in Chapter 1.16 of this code. be adopted pursuant to the provisions of Chapter 2.04. B. Each violation of a provision of this title shall constitute a separate infraction, 6.01.060 Enforcement - Minimum and each day that a violation of this title is Requirements committed or permitted to continue shall constitute a separate infraction. A. The provisions of this title are declared to be minimum requirements. C. A finding of a violation of this title shall not relieve the responsible party of the 1. In their interpretation duty to abate the violation. Penalties imposed and application, the provisions of this title shall by this title are in addition to and not in lieu of be held to be minimum requirements, adopted any remedies available to the city. for the protection of the public health, safety and general welfare. D. Each violation of a provision of this title is subject to the specific penalty or 2. When requirements of administrative fee established in Chapter 1.16 of this title vary from other provisions of this title this code. or with any other title of the Tigard Municipal Code or Oregon Revised Statutes, the most 6.01.050 Administrative Rules restrictive or that imposing the highest standard shall govern. A. The city manager is authorized to draft and adopt administrative rules that B. A finding of a violation of this establish: title which results in confiscation of personal property or signs does not prevent the city from 1. The types of signs additionally issuing citations for violations of exempted from the notice requirements of this title or any other title of the Tigard 6.03.040, based on the likelihood the sign will Municipal Code or Oregon Revised Statutes for be reclaimed, which may take into consideration the same property or incident. the value of the materials and condition of the sign; C. This section shall not be read to prohibit any alternative remedies set out in this 2. Standards and methods title or any other title of the Tigard Municipal for recording information about signs and Code or Oregon Revised Statutes which are personal property confiscated in the right of intended to abate or alleviate code violations, way, including a description of the sign or nor shall the city be prevented from recovering, EXHIBIT A — PAGE 7 in any manner prescribed by law, any expense violations pursuant to any code provision. incurred by it in abating or removing ordinance 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 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 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 } EXHIBIT A — PAGE 8 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 H. Animals, including livestock, or buildings for the purpose of maintaining 6.02.010 Common Nuisances livestock or animals, maintained in such places or in such a manner that they are offensive or 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 or other refuse that affect the 6.02.020 Noxious Vegetation health of surrounding persons. A. No responsible party shall allow C. Stagnant water that affords a noxious vegetation as defined in 6.01.020.L.1 breeding place for mosquitoes and other insect through 6.01.020.L.7 to be on the property or in pests. the right of way abutting the property. D. Pollution of a body of water, B. The responsible party for a well, spring, stream or drainage ditch by sewage, violation of 6.02.020.A shall cut down or industrial wastes or other substances placed in or destroy grass, shrubbery, brush, bushes, weeds near the water in a manner that will cause or other noxious vegetation as often as needed to harmful material to pollute the water. prevent them 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 C. No responsible party shall plant detectable at a property line, or that is in an or allow to be planted on their property noxious insanitary condition. vegetation as defined in 6.01.020.L.8. F. Drainage of liquid wastes from D. The responsible party for a private premises. violation of 6.02.020.0 shall remove or otherwise destroy the subject invasive and G. Cesspools or septic tanks that noxious plants. are in an unsanitary condition or which cause an offensive odor. 6.02.030 Trees and Bushes EXHIBIT A — PAGE 9 A. No responsible party shall permit branches or roots of trees or bushes on D. No person shall be found in the property to extend into a right of way in a violation of this section of the code unless the manner which interferes with its use. person has been given actual or constructive notice of the standards prior to the time the B. A responsible party shall keep violation occurred. the branches of all trees or bushes on the premises that adjoin the right of way, including 6.02.050 Attractive Nuisances an adjoining parking strip, trimmed to a height of not less than eight feet above a sidewalk and A. No responsible party shall not less than 10 feet above a street. permit on the property: C. No responsible party shall allow 1. Unguarded machinery, to stand any dead or decaying tree that is in equipment or other devices that are attractive, danger of falling or otherwise constitutes a dangerous and accessible to children; hazard to the public or to persons or property on or near the property. 2. Lumber, logs, building material or piling placed or stored in a manner 6.02.040 Greenway Maintenance so as to be attractive, dangerous and accessible to children; A. A responsible party shall maintain the property, subject to an easement to 3. An open pit, quarry, the city or to the public for greenway purposes. cistern or other excavation without safeguards or B. Except as otherwise provided by barriers to prevent such places from being used by children; or this section and Sections 6.02.020 - 6.02.050, 6.02.210 - 6.02.230, and 6.02.310, the standards 4. An exposed foundation for maintenance shall be as follows: or portion of foundation, any residue, debris or other building or structural remains, for more 1. Land shall remain in its than thirty days after the destruction, demolition natural topographic condition. No private 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 6.02.060 Graffiti 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, upon any real or personal property, such as 3. Grass shall be kept cut buildings, fences and structures, is a violation of to a height not exceeding 10 inches, except when this title and is subject to its remedies. some natural condition prevents cutting. B. Any property location in the C. In situations where the approval City of Tigard that becomes a graffiti nuisance authority establishes different standards or property is in violation of this title and is subject additional standards, the standards shall be in to its remedies. writing and shall be recorded. A EXHIBIT A — PAGE 10 C. Every responsible party who of Section 18.510.060 is declared to be a public permits a property to become a graffiti nuisance nuisance in violation of this title. property is in violation of this title and subject to its remedies. 6.02.150 Insects and Rodents 6.02.070 Livestock/Poultry Storage of any materials including wastes or maintaining any grounds in a manner 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. 6.02.160 Signs Article II. Property Development and Constructing, placing or maintaining a Maintenance Requirements sign in violation of provisions of Section 18.780 is declared to be a public nuisance in violation of 6.02.100 Violation of Title Prohibited this title. Erecting, constructing, altering, 6.02.170 Storage in Front Yards maintaining or using any building or structure or using, dividing or transferring land in violation Storage of any boats, trailers, campers, of the Community Development Code (Title 18) camper bodies, house trailers, recreation are declared to be a public nuisance in violation vehicles or commercial vehicles in excess of 3/4 of this title. ton capacity in a required front yard in a residential zone in violation of the provisions of 6.02.110 Conditions of Approval Section 18.730.050.0 is declared to be a public nuisance in violation of this title. Failure to maintain a property in compliance with a condition of approval issued Article III. Junk, Garbage and Putrescible pursuant to the Community Development Code Waste (Title 18) is declared to be a public nuisance in violation of this title. 6.02.210 Vehicles Not to Drop Material on Streets 6.02.120 Visual Clearance Requirements The owner or operator of any vehicle engaged in transportation of excavation or All property within the city shall be construction materials shall be responsible for maintained in compliance with the Visual keeping the public streets and sidewalks free Clearance Requirements of Section 18.795.030. from such materials, including, but not limited to, earth, rock and other debris that may obstruct 6.02.130 Fences and Walls or render the street or sidewalk unsafe for its intended use. Erection of a fence or wall, except as in compliance with Section 18.745.050.C, is 6.02.220 Open Storage of Junk declared to be a public nuisance in violation of this title. No person or responsible party shall deposit, store, maintain or keep on any real 6.02.140 Accessory Structures property, except in a fully enclosed storage facility, building or garbage receptacle, any of Constructing, placing or maintaining an the following: accessory structure in violation of the provisions 1 t EXHIBIT A — PAGE 11 A. An icebox or refrigerator, or No person shall, without authorization similar container, which seals essentially and compliance with the disposal site airtight, without first removing the door; requirements of Chapter 11.04, deposit waste on public property or the private property of B. Inoperable or partially another. Streets and other public places are not dismantled automobiles, trucks, buses, trailers or authorized as places to deposit waste except as other vehicle equipment or parts thereof in a specific provisions for containers have been state of disrepair, for more than ten days as to made. any one automobile, truck, bus, trailer or piece of vehicular equipment; Article IV. Streets and Sidewalks C. Used or dismantled household 6.02.310 Streets and Sidewalks appliances, furniture, other discards or junk, for more than five days. A responsible party shall keep a public street and/or sidewalk abutting their property 6.02.230 Scattering Rubbish free from earth, rock and other debris and other objects that may obstruct or render the street or No person shall deposit upon public or sidewalk unsafe for its intended use. private property any kind of rubbish, trash, debris, refuse, or any substance that would mar 6.02.320 Maintenance and Repair of 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 6.02.240 Garbage and Putrescible remain in a dangerous or unsafe condition. Waste "Maintenance" includes, but is not limited to, the 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. not confined in any container, compactor, drop box or other receptacle. 6.02.330 Sidewalks, Curbs and Planter Strips 6.02.250 Offensive Wastes Prohibited Maintenance of sidewalks, curbs and No person shall have waste on property planter strips is the continuing obligation of the that is offensive or hazardous to the health or adjacent property owner. safety of others or which creates offensive odors or a condition of unsightliness. 6.02.340 Encroachments into Public Rights of Way, Easements and 6.02.260 Unauthorized Deposits Public Property Prohibited Except as provided in subsection 15.16.010.1.b, it shall be unlawful for any EXHIBIT A — PAGE 12 person to erect or cause to be erected any A. When measured at the boundary structure or to place or maintain any vegetation of or within a property on which a noise and/or landscaping materials in, over or upon sensitive unit, not the source of the sound, is any dedicated public right of way, easement or located, exceeds: public property without having first obtained a revocable permit from the city manager or 1. 40 dB at any time designee authorizing such action. Encroachment betweenl 0 p.m. and 7 a.m. the following day; or into improved public right of way is only allowed if specifically authorized by the city 2. 50 dB at any time pursuant to Chapter 15.04. between 7 a.m. and 10 p.m. the same day; or Article V. Noise Nuisances B. Is plainly audible at any time between 10 p.m. and 7 a.m. the following day 6.02.410 Prohibition on Excessive Noise within a noise - sensitive unit which is not the source of sound; or A. No person shall make, assist in making, permit, continue or permit the C. Is unnecessarily loud within a continuance of any noise within the City of noise - sensitive unit which is not the source of Tigard in violation of this article. the sound. B. No person shall cause or permit D. When measured at or within the any noise to emanate from property under that boundary of or within a property on which no person's control in violation of this article. noise - sensitive unit is located, and the noise originates from outside the property, if the noise 6.02.420 Sound Measurement level exceeds: A. While sound measurements are 1. 60 dB at any time not required for enforcement of this article, between 10 p.m. and 7 a.m. of the following should measurements be made, they shall be day; or made with a sound level meter. A sound level meter shall: 2. 75 dB at any other time. 1. Be an instrument in E. If within a park, street or other good operating condition, meeting the public place, is unnecessarily loud at a distance requirements of a Type I or Type II meter; of 100 feet. 2. Contain at least an A- 6.02.440 Prohibited Noises weighted scale, and both fast and slow meter response capability. A. Use of exhaust brakes (jake brakes), except in an emergency or except when B. If measurements are made, the used by a person operating an emergency person making those measurements shall have services vehicle equipped with a muffled completed training in the use of a sound level compression braking system, is prohibited at all meter, and shall use measurement procedures times within the city, regardless of noise level. consistent with that training. B. Except as provided in Section 6.02.430 Noise Limits 6.02.450, the following acts are violations of this article if they exceed the noise limits specified in It is unlawful for any person to produce, Section 6.02.430: or permit to be produced, sounds which: 1. Sounding of any horn or a EXHIBIT A — PAGE 13 signal device or any other device on any A. Non - amplified sounds created automobile, motorcycle, truck, bus or other by organized athletic or other group activities, vehicle while in motion, except as a danger when such activities are conducted on property signal; generally used for such purposes, such as stadiums, parks, schools and athletic fields, 2. Operation of sound- during normal hours for such events; producing devices such as, but not limited to, musical instruments, loudspeakers, amplifying B. Sounds caused by emergency devices, public address systems, radios, tape work, or by the ordinary and accepted use of recorders and/or tape players, compact disc emergency equipment, vehicles and apparatus, players, phonographs, television sets and stereo regardless of whether such work is performed by systems, including those installed in or on a public or private agency, or upon public or vehicles; private property; 3. Operation of any gong C. Sounds caused by bona fide use or siren upon any vehicle, other than police, fire of emergency warning devices and alarm or other emergency vehicle, except during systems; sanctioned parades; D. Sounds regulated by federal 4. Use of any automobile, law, including, but not limited to, sounds caused motorcycle or other vehicle so out of repair or in by railroads or aircraft; such a manner as to create loud or unnecessary sounds, grating, grinding, rattling or other noise; E. Sounds caused by demolition activities when performed under a permit issued 5. Keeping of any animal by appropriate governmental authorities and or bird that creates noise in excess of the levels only between the hours of 7 a.m. and 8 p.m. specified in Section 6.07.430; seven days a week; 6 Operation of air F. Sounds caused by industrial, conditioning or heating units, heat pumps, agricultural or construction activities during the refrigeration units (including those mounted on hours of 7 a.m. to 8 p.m. seven days a week; vehicles) and swimming pool or hot tub pumps; G. Sounds caused by regular 7. Erection (including vehicular traffic upon premises open to the excavation), demolition, alteration or repair of public in compliance with state law. Regular any building, except as allowed under Sections vehicle traffic does not include a single vehicle 6.02.450.E and 6.02.450.F; that creates noise in excess of the standard set forth in Section 6.02.430; 8. Use or creation of amplified sound in any outdoor facility; H. Sounds caused by air -, electrical- or gas -driven domestic tools, 9. Any other action that including, but not limited to, lawn mowers, leaf creates or allows sound in excess of the level blowers, lawn edgers, radial arm, circular and allowed by Section 6.02.430. table saws, drills and/or other similar lawn or construction tools, but not including tools used 6.02.450 Exceptions to Noise Limits for vehicle repair, during the hours of 7 a.m. to 8 p.m. seven days a week; The following shall not be considered violations of this article, even if the sound limit I. Sounds caused by chainsaws, specified in Section 6.02.430 is exceeded: when used for pruning, trimming or cutting of live trees between the hours of 7 a.m. and 8 EXHIBIT A — PAGE 14 p.m., and not exceeding two hours in any 24 hour period seven days a week; 6.02.460 Maximum Noise Limit for Certain Activities J. Sounds created by community events, such as parades, public fireworks Notwithstanding Section 6.02.450, displays, street fairs and festivals that the city creation of noise by any activity subject to the manager or designee has determined in writing exceptions listed in subsections 6.02.450.E, to be community events for the purposes of this 6.02.450.F, 6.02.450.H, or 6.02.450.I, in excess section. The city manager's decision shall be of 85 dB measured on property on which a noise based on the anticipated number of participants sensitive use is located, for more than five or spectators, the location of the event and other minutes in any calendar day shall be a violation. factors the city manager determines to be appropriate under the circumstances. 6.02.470 Evidence of Noise Violation K. Sounds made by legal fireworks A. In any civil infraction action on the third of July, Fourth of July, and the based on a violation of limits set forth in Friday and Saturday during the weekend closest subsections 6.02.430.B, 6.02.430.0 or to the Fourth of July of each year, between the 6.02.430.E, the evidence of at least two persons hours of 7 a.m. and 11 p.m.; from different households shall be required to establish a violation. Any police or code L. Sounds made between midnight enforcement officer or other city employee who and 12:30 a.m. on January 1 of each year; witnessed the violation shall be counted as a witness for purposes of the two witness M. Sounds originating from requirement. construction projects for public facilities within rights of way pursuant to a noise mitigation plan B. The city may ask an alleged approved by the city manager. The city manager violator to enter into a voluntary compliance may approve a noise mitigation plan only if the agreement consistent with Section 1.16.115 city manager determines that the noise based on a single complaint or single witness. mitigation plan will prevent unreasonable noise impacts. The noise mitigation plan must: Article VI. Water Service and Meters 1. Map the project noise 6.02.510 Service Connection and impacts and explain how the impacts will be Maintenance mitigated; A. The city will maintain all 2. Provide special standard service connections in good repair consideration and mitigation efforts for noise without expense to the customers. sensitive units; B. Each customer is required to use 3. Outline public reasonable care and diligence to protect the water meter and meter box from loss or damage notification plans; by freezing, hot water, traffic hazards and other 4. Provide a 24 -hour causes, in default of which, such customer shall telephone contact number for information and pay to the city the full amount of any resulting complaints about a project. damage. C. Each customer is required to The city manager may approve a noise maintain a vegetation and other obstruction -free mitigation plan only if the city manager zone of a minimum of two feet around the box. determines that the noise mitigation plan will Clear access to the meter shall be from the street prevent unreasonable noise impacts. side in a direct path to the water meter. EXHIBIT A — PAGE 15 D. Failure to maintain the area will E. The city shall have no liability result in city personnel clearing the area to meet for trimming or maintaining vegetation in order the city's meter reading and maintenance needs. to read meters. Any costs incurred by the city in clearing the area will be charged to the customer. 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 6.03.010 Signs in the Right of Way sign in violation of Section 6.03.010 and any abandoned personal property in violation of A. Placement of a sign in the right Section 6.03.020 without prior notice. of way, unless the placement is authorized by a separate provision of any title of the Tigard 6.03.040 Notice Requirements Municipal Code or Oregon Revised Statutes, is declared to be a public nuisance in violation of A. Subject to exemption by Section this title. 6.03.050, the responsible party for personal property or signs confiscated under Section B. A responsible party for a sign in 6.03.030 shall be notified of the violation and violation of this chapter shall be responsible for confiscation by the city manager or designee. any and all costs associated with disposition of the sign. 1. If the identity and mailing address of the responsible party for 6.03.020 Abandoned Personal Property personal property or signs confiscated under in the Right of Way Section 6.03.030 is known, the city manager shall notify the owner of the item by certified A. Abandoned personal property in mail or personal service no later than 30 days the right of way is declared to be a public following the date of the confiscation. nuisance in violation of this title. 2. If the identity and B. The responsible party for the mailing address of the responsible party for abandoned personal property shall be personal property or signs is not known, the city responsible for any and all costs associated with manager shall arrange for the public notice of disposition of the abandoned personal property. the confiscation to be provided within 30 days following the confiscation, either by publication 6.03.030 City Authority to Remove in a newspaper of general circulation in the city or by publication on the city website, with a The city manager may confiscate any clearly marked link from the city's homepage. • • EXHIBIT A — PAGE 16 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 responsible party of the C. The city manager is authorized process and fees required to retrieve the to impose and collect an appropriate confiscated personal property or sign from the administrative fee for a violation of this chapter city; consistent with subsection 1.16.640.A.2 and to additionally recover all costs associated with the 4. The date after which confiscated item. disposal of the personal property or signs shall occur. 6.03.070 Disposal of Personal Property, Signs and Junk C. A notice by publication under subsection A may contain multiple listings of A. The city manager may confiscated signs. immediately dispose of any junk found in the right of way. Disposing of junk under this 6.03.050 Exemption from Notice subsection is not subject to the notice and Requirements reclamation provisions of 6.03.040 - 6.03.060. A. The city manager may exempt B. The city manager may order the certain signs from the notice requirements of destruction or other disposal of any personal 6.03.040. property coming into the city's possession which is determined by the city to be dangerous or B. Signs that are exempt from perishable. Weapons shall be destroyed in notice requirements: accordance with ORS 166.280. Such disposal under this subsection is not subject to the notice 1. Shall be stored for a and reclamation provisions of 6.03.040 - minimum of 14 days after the date of 6.03.060. confiscation; C. At the sole discretion of the city 2. Shall be available manager and without provision of notice, the during the storage period for reclamation by the city may donate, dispose of, sell, recycle or owner after payment in full of all costs repurpose any personal property or sign not associated with the disposition of the sign; reclaimed before expiration of the storage period. 3. May be disposed of after the storage period without further D. In lieu of disposal of confiscated notification. personal property under this section, at any time the city is authorized to sell or auction any 6.03.060 Reclamation of Confiscated confiscated personal property or sign, the city Personal Property and Signs may convert the personal property or sign to EXHIBIT A — PAGE 17 public use by entering it on the city's fixed asset of the request and shall provide notice of the inventory. hearing to the responsible party for the confiscated personal property or sign. 1. Notice of the transfer of the personal property or sign to the city shall be 2. Hearings held under this given once by publication in a newspaper of section may be informal in nature, but shall general circulation in the city or by publication afford a reasonable opportunity for the person on the city website at least 30 days before the requesting the hearing to demonstrate by the personal property or sign is converted to city 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 city use if the personal property or sign is not reclaimed within 30 days. 3. The hearings officer may be a city officer, official or employee, but 2. If the personal property may not have participated in any determination or sign is not reclaimed within 30 days after or investigation related to confiscation of the publication of the notice described in subsection personal property or sign. The city manager D.1 of this section, the personal property or sign may promulgate rules for conducting hearings. shall be entered on the city's fixed asset inventory and shall not be subject to the right of 4. A responsible party redemption. requesting a hearing may be represented by legal counsel; however, legal counsel shall not be 6.03.080 Appeal of Confiscation provided at public expense. Written notice of representation by legal counsel shall be provided A. The responsible party for to the city with the written request for a hearing. confiscated personal property or a sign may request a hearing to contest the validity of 5. The city is only confiscation by submitting a written request for required to provide one hearing each time it hearing with the city not more than five days confiscates personal property or a sign. from the mailing date of the notice or publishing of public notice. 6. Appeal of simultaneous confiscation of multiple items of personal B. The request shall state the property or signs of the same responsible party reason(s) why the responsible party believes that may be consolidated into a single appeal the confiscation was invalid and include hearing. payment in 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 may establish a fee for the cost of conducting a property or sign to the responsible party for the hearing. item(s), if still in possession of the city, and /or; E. A hearing shall comply with all b. Refund to the of the following: responsible party any payment of costs associated with removal, storage, detention and 1. Upon receipt of a maintenance of the personal property or sign that proper request for a hearing, the city shall set a has been reclaimed. time for a hearing within 30 days of the receipt 9 I EXHIBIT A — PAGE 18 c. The responsible hearing or any refund of costs unless the person party shall not receive a refund for the cost of provides the city satisfactory proof for the the hearing, and shall be liable for storage person's failure to appear. charges incurred more than 24 hours after the time the personal property or sign is officially 10. The city shall provide a ordered released. written statement of the results of the hearing to the person requesting the hearing. 8. If the city finds after a hearing that confiscation of the personal 11. Determination of the property or sign was valid, the city shall order hearings officer at a hearing is final and not the personal property or sign be held until the subject to appeal. costs of the hearing and all monies incurred or charges associated with the cost of removal, 6.03.090 Exemption for Criminal storage, detention, maintenance and disposition Investigation of the confiscated personal property or sign are paid. A vehicle that is being held as part of any criminal investigation is not subject to any 9. A person failing to requirements of Chapter 6.03. appear at a hearing is not entitled to another EXHIBIT B-1 — PAGE 1 Title 7 7.74 EMERGENCY OPERATIONS * PUBLIC PEACE, SAFETY AND MORALS 7.78 PROPERTY - FORFEITURE FOR CRIMINAL ACTIVITY Chapters: 7.80 CAMPING PROHIBITED IN CERTAIN PLACES 7.04 GENERAL PROVISIONS 7.100 EXCLUSION FR 7.08 ADOPTION OF STATE Repealed by STATUTES Ordinance No. 08 -18 7.12 CLASSIFICATION OF OFFENSES 7.16 DISPOSITION OF OFFENDERS 7.20 OFFENSES AGAINST 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 • This page intentionally left blank. EXHIBIT B -2 - PAGE 1 Chapter 7.40 NUIS N E° 7.40.210 Penalty - t Violations: 7.40.01 -0— Short T le. 7.40.020 Definitions. 7.40.01.0 S h�.ort-T itle. NlISANGES The ordinance codified in this chapter shall s . . Public #. ii6 20 §1(Exhibit C(1)), 1986). ' 7.40 .020 Defnitiens. 7.40:060 Trees: A. "Responsible party" means the person ..hi' ,.1,,.7e... • 1. The owner of the property, or the . . • - ' • .. _ -- . . • - - 7.40 :110 Attractive isanees. . • .. -• • - . • - ; 7 a D h 7.40.125 Graffiti. .. - .. . . 3. The person who is alleged to 7. 40.130 — P hibition -On eessive .... . - - Noises. - • - - - - • - - • , : .. _ : - - 7.40.140 So• d Measurement: .. • - ::•- - - - 7.40.150 Defmition : property. (Ord. 86 20-§' - • • - , • :: - 7.40.160 Noise Limits. 7.40.170 Pr hibited- oises: . • U • ! ! • , • • • • • . 7.40.150 Exceptio. A. The acts, omissions, conditions or 7.40.200 Evidence. .. _ EXHIBIT B -2 - PAGE 2 = or condition a3 to causc an offensive odor determined by the -Counci' t,. be off - . - .. - •• - . • • • insanitar . ,.,..ice; nuisance. F. Surface Drainage. Drainagc of liquid C. All nuisances shall constitutc a Class • - - 1 civil infraction and shall be processed _ . .. _ - , Chapter 1 .1-6 -of this code, Civil Infractions. - - - • 1 1 1 P-tiblie-Realth; „ • _.. - -.. _ . . , • . . - . - , - - - ; A. Privies. An open vault or privy .. _ • - _ . , • • , . , • , , • -. - • _ - connection with construction projects in • - - • " - • ' y J. Maintenance on Private Property of a • e ,lbuiationrs; e • - . • : • • " • - - :" B. Debris. Accumulations of debris, • ' " 1. A structure that, for the want of . . - • = - - • ° ; proper repairs or by reason of age and - • • C. Stagnant Water. Stagnant water • .. , - . • . affd - - . • •.. .... . . D. Water Pollution. Pollution of a body , . : , , _ _ • , _ • , _ . . by sewage, industrial wastes, or other - , .. _ _ • • •• • 2. A structure containing s, gasoline or flammable E. Odor. Any animal, substance or - . .. : - - : - _ _ • ; EXHIBIT B -2 — PAGE 3 7. Vegetation that is a health hazard 3. A structure that is kept or because it impairs the view of a public • C. No owner or responsible party shall 1. A structure in such -weak or weakened condition, or dilapidated or • • . , • . abutting on the property. The owner or entire collapse. (Ord. 86 39 § 1(Exhibit A), _ : • • - • .. • , . - - , . • . •• •e •.. - • •• • maturing or from going to seed. (Ord. 86 20 7.40.060 Trees. A. The term "noxious vegetation" does not include vegetation that constitutes an A. No owner or responsible party shall agricultural crep, tn3less that vegetation is a .. _ .. -. B. The term "noxious vegetation" :. • . • includes: street or public sidewalk, including the • '' B. No owner or responsible party shall Subsection n o fth: B 3 . Poison oak, poison ivy, or similar . . _ - , . , ' _ • _ _ , • _ , , , _ • vegetatieni _ • . • - •, - . e .. e - 1. Dead trees, dead bushes, stumps . . 5. Blackberry bushes that extend = , •- • _ • , _ • :: - .. line; .. _. • . • • • : = _ 6. Vegetation that is a health • . •, _ . _. . hazard; e ! , . - • • EXHIBIT B -2 – PAGE 4 . ! . ! §1(Exhibit C(5)(3)3, 1986). - • - - No person -or responsible party shall - deposi-t, stere, maintain or keep on any real fae- =' , bung- – g arbage receptacle, any of intended use. (Ord. 86 20 §1(Exhibit the following: C(5)(2)(d)), 1986). A. An icebox or refrigerator, or similar • container, which seals essentially airtight, A. The owner or responsible party shall be responsible for the maintenance of the ! - .. .: •, .. . • .. " - •- .' " • • - _ for mere —than —tea days as to any one . . ; 1. The land shall remain in its . _ .. _ , • : • - . . .. _ .. . • . . . • . .- . - ... . • , . • • ., . - - .. . •.. , - • - - _ . . e ! . • - - . • C( 1986). . •- . _ . . _ _ . - . .. -- 7.40.110 Attractive Nuisances. A. No owner or responsible party shall 2. No tree over five feet in height shall be removed unless authorize-' 1.. the • - ' ` - : ' : 1. Unguarded machinery, 3. Grass shall be kept cut to a height • - 2. Lumber, logs, building material B. In situations where the approval - - • • : 3. An open pit, quarry, cistern, or _ . - • - • - .. children; or _ . • • ♦ EXHIBIT B -2 — PAGE 5 1. An cxpoced foundation or portion 3. "Graffiti nuisancc property" means a removal of any building or portion -ef the o �vtnieation. B. This suction shall not apply to ' - - - - - '1. "Manager" means the Tigard City children. (Ord. 86 20 §1(Exhibit C(5)(5)) . • 1 x-986) .. _ . . . • 5. "Occupant" means any person, tenant, I4e - pero.—s;all deposit upon public or es • b. "Owner"_;riuns any person, agent . .. ' • , • - - - - • • -, limiteEl—te—a—Fneftgagor in pocossion, an 7.40.125 Graffiti . 24: De€nitions 11 " negleet-te-abate- requires-etlienvisei thep - - - - , • - .: ; .: ' : - . - • . 2. "Graffiti" means any inscription, 9. "Property" means any real or personal ..__ _ • .•• -- • , _ „face collect; w 11. - •- • •• - ... " a EXHIBIT B -2 — PAGE 6 property or is responsible for the property's _ • - . - - - . 11. "Unauthorized" means without Paft I . ••. .' .. remedies. - • . - - - - - . - ' • - . . . femedTis.. - - , . • • • .. - . • . • . • Municipal Court 7. Failure to remove the graffiti as Noises graffiti. - i EXHIBIT B -2 — PAGE 7 person's control in violation of this article. .. - - - • - • • - (Repeled and replaced by Ord. 01 13A, Ord. al a - 96 06; Ord. 90 03 §1(part), 1990). 7.40.140 Sow - Measurement. C. "Unnecessarily loud" means any D. "City Manager" means the City meter: by Ord. 01 13A, Ord. 90 03 §51(part), 1990). 1. Shall be an instrument in good 7.40.160 Noise - Limits. of a Type I or Type II meter; • . • . . ... _ : 2. Shall contain at least an A - • • • • • •• - - A. When measured at the boundary of or response -easy. . . making those measurements shall have exceeds: " " " , • " • - • . • • - . • • - - • . - 1. Forty dB at any time between replaced by Ord. 01 13A, Ord 90 03 §1(part), 1990). 7.40. 1 60-- DefiniFtie nks: As ea thi A.•ticle • - _ - • - - . . A. "Noise sensitive unit" shall include - - - - • • • C. Is unnecessarily loud within a noise church, day care center, hospital, school, or _ _ .. .. sound- definition, "residence" and "overnight accommodation" does not include D. When measured at or within the - . _ ..... level exceeds B. "Plainly audible" means any sound for 1. Sixty dB at any time between . _ of EXHIBIT B -2 — PAGE 8 2. Seventy five dB at any ()the, - • - .. - time. , E. If within a park, street or other public • - . I - - - 7:40.170 n hibited- Neises = • - - - . 7 The ejection (including A. The use of exhaust brakes (jake - _: - , - - • • • . - • • : : .. - - . ' - - _, - _ . . . . . . • . . 7.10.180.E and 7.1.0.180.F. B. Except as provided in Section 9,—Any-ether action that creates or .. this chapter if they exceed the noise - limits Scction 7.10.160. (Ord. 06 03; Repealed and 1. The sounding of any horn or 03 § 1(part), 1990). signal device or any other device on any anteinehilentetorcycle, truck, bus or other . The following shall not be considered 2. The operation of sound • ! • - - A . • - . .' . .. . __. _. • • • = , - ° . = ' _ " generally used for such purposes, such as vehicles. m _ - . . . • - • - - • : B. Soundo caused by emergency work, or sanetie� - _ : _ -: - -• . ... ' . private agency, or upon public or private d. The use of any automobile, prope , • — C. Sauna- caused by bona fide use of • • -_ -.. EXHIBIT B -2 — PAGE 9 factors the C�Manager determines to be e . _:.•: . K. Sounds made by legal fireworks on E. Sounds caused by demolition _ . .. - • _ - - , cfseve.p.m.e:aQe, --134fh. p.m en d ays " e''• L. Sounds made between midnight and -1-2÷-30-en—January " 1 of each year. F. Sounds caused by industrial, _ .. . - _ _ - hours of seven a.m. to seven p.m. seven days a .. .. • -• • , • - wee1F must: G. Sounds caused by regular vehicular traffic upon premises open to the public in 1. Map the project noise impacts • - 2. Provide special consideration and in Section 7.10.160. H. Sounds caused by air , electrical or 3. Outline public notification plans; • •• . • - , • _ - , • • • 1. Provide a 21 hour telephone ' - • • The City Manager may approve a noise a week. _ .. • - I. Sounds caused by chainsaws, when .. - , • • - - • .. ! - - - 11; repealed and replaced by Ord. 01 13A, Ord mart), 1990). p.m., and not exceeding two hours in any A ctiyitie& J. Sounds created by community events, • • . • , - - - • , Notwithstanding Section 7.10.180, the • or designee has determined in writing to be exceptions listed in Sections 7.10.180.E, section. The City Manager's decision shall be . . :: • • . .. . .. - - • . • , • • • - • . , ' - . • • • •• - - . • . • • • in any calendar day shall be a violation. EXHIBIT B -2 — PAGE 10 (Repealed and replaced by Ord. 01 13A, Ord. violation shall be subject to the penalties 99 29; Ord. 96 06; Ord. 90 03 § 1(part), 1990). • - . • : . , - .. ... ; e • f 7.40.200 Evidence. 7.10.160.B, 7.10.160.0 or 7.10.160.E, the violation. Any Police or Code Enforcement . . . . . . e . • e .. .. e 96 06; Ord. 90 03 § 1(part), 1990). - - e _ e -- 7.40.210 Penalty For Chapter Violations: A . A violation of this chapter shall be processed according to the procedures B. Each violation of a separate. provision of this chapter shall constitute a separate C. A finding-ef-a violation of this chapter duty to abate the violation. The penalties 1 • EXHIBIT B -3 — PAGE 1 • • • • • • ' = ' - ' - - City of Tigard. DICuT O>; WAv 3. "City Manager" means the City 7.61.010 D finitions. 4. "Costs" means all monies • - ' ' ' incurred and charges associated with the 7.61.020 A b a d _ .. • . - . • . • - , • ' ' items in violation of Sections 7.61.015 and N ot i ce R nts 7.61.020. ements: 5. "Dispose of / Disposal" also • • ! ' • • : • • • includes sell, auction, donate, destroy, • , 7.61.040 -- Disposal o f P, 1 �.z- sviracr- _- Signs and ' 6. "Junk" means items which have 7.61 .045 Appeal - f Con€iseatio .. . 1 ! - .. - lnvestigatiof 7.61.055 Enforcement—Minim-am- 7. "Owner" means any individual, 7.61.010 Definitions. entity with a claim, or agent thereof, either - A. As used in this chapter, unless the interest of record, legal or equitable, in 1. "Abandoned personal property" = 8. "Personal property" moans defined inis chapter, which has been a. The personal property is left 9. "Right of way" means a strip of fie -r uT • - • • • f b. The personal property is placed in the right of way in a location or . . . - • • , use and all other public ways and areas „ .. .. mew:tad-by-the-City, • • - - • ' f : = = : 10. "Sign" moans any materials 2. "City" means the City of Tigard .. • . - • - _ EXHIBIT B -3 — PAGE 2 7.61.030: ' ' , = - , . • . • H., 1. If the identity and mailing .. -. .- , . - • - ... -- .. inform. (Ord. 10 06§ 1, 2010). _ • . . - . -- . • A. It shall be unlawful for any person to place a sign in the right of way unless the B. The owner(s) a sign • O of i • - gn in violation of confiscation, either by publication in a (Ord. 10 06 § 1, 2010). 7.61.020 Abandoned Personal - e4ade A. It shall be unlawful for any person to 1. A statement that the personal .. _ - B. The owner(s) of the abandoned _ - • ' • ! , 3. A copy of Section 7.61.025 A. The City Manager may confiscate any 'I. The date after whieh disposal of . , I . - _ Y • - -. \ • - .. confiscated personal property or sign are ,! ! _ • reserded. Requitement& B. Subject to exemption by Section . - • _ .. . a EXHIBIT B - — PAGE 3 • - - - - - • - • • . - . - • - _ personal property and signs can reclaim 1. Determines types of signs that are the f �,� =ollowifis 1. The place for an owner to reclaim 2. Exempts from the notice confiscated - pey • - - 2. A fee schedule for reclamation of B. In determining the types of signs that - - ., ., - • - • : ' a. Provisions allowing the City • - _ to recover all costs associated with the C. Signs that arc exempt under the • - ' ' - b. Assignment of an - • _ . .._ . . 1. Shall be stored fer a minimum of • • . • . - - • • • . - . . • - • 7.61.010 Disposal of Personal 2. Shall be available during the • - - • - - - . - A. The City Manager may immediately 3. May be dispo of after the of Sections 7.61 025 through 7.61 .035. 10 06 § 1, 2010). B. The City Manager may order the - • . .! I... .'. ... •-• -• ., •., , - A. The City Manager shall establish a .. _ • ! _ - • : ! _ . _ • - property and signs. The location—should—he - _ ! • . - • • : • - • - - • • - through 7.61.035. that personal property and signs can be °mod C. At the sole discretion of the City t. - - • - City may donate, dispose of, sell, recycle, or 7.61.025 or 7.61.030. period, - C. The City Manager shall establish a t. • . . • • . , , . - ., . r • EXHIBIT B -3 — PAGE 4 - - - - - E. A hearing shall comply with all of the . . . .. - may convert thc personal property • - • - ' ' - 1. Upon receipt of a proper request asset-ifWelitela 1. Notice of thc transfer of the - • - - - - to the owners of the confiscated personal • - . • • - • . ' • - • • • property or sign. • -- - - ! = - - • 2. Hearings held under this section persona er sign is converted to City • witnesses and ether evidence, that the was invalid, or for any other reason not 2. If thc personal property or sign is ;u • • - - -' - 3. The Hearings Officer may be an . .. -- - , . _ . .. - _ .. - .. , . . and shall not be subject to the right of _ - . • _ _ - redemption. (Ord. 10 06 § 1, 2010). personal property or sign. The City Manager 741.045 Appeal o r _ - - 1. The owner requesting a hearing A. The owner of the confiscated personal • . . - . " • . . - _ • • . - . . , _ - contest the validity of the confiscation by - ._ • . • . _ - 5. The City is only required -fie B. The request -shall state the reason(s) _ eeet-ef--the-heaFiegr 6. Appeal of simultaneous C. The City shall not convidder- r- Bequests • D. The City Manager or designee may . - - . . - • . - , , - • - • . • - - - - .. cting a sign - was -ink: a. The City shall order the • • EXHIBIT B -3 — PAGE 5 sign to the owner of the item(s), if still in f a violation of this title b. Refund to the owner any which results in confiscation of personal • • • .. - _ - this title or any other title of the Tigard c. The owner shall not fee -c ve • 13. This -section shall not be read to • • • - in this title or any other title of the Tigard • _ eerie- prevision. . . . . • - •- . • • . ., _ •, 9. A person failing to appear at a .. .. •. • • • . •- : , . - _ sole • - - • • - O. Each violation of a separate provision e 10. The City shall provide a written - . . :. - •• - • , . - 11. The determination of the E. The provisions of this title are - -• • e - : : - .- _ • . : . . subject to appeal. (Ord. 10 06 § 1, 2010). 1. Minimum Requirements .' In gatio . . • - . . _ - .. . •. minimum requirements, adopted for the • • • protection of the public health, safety, and .. _ .. - .. general-welfare, requirements of this chapter. (Ord. 10 06 § 1, EXHIBIT B -3 — PAGE 6 . - , - - (Ord. 10 06 § 1, 2010). ■ M • EXHIBIT C-1 — PAGE 1 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).• p • This page intentionally left blank. EXHIBIT C -2 — PAGE 1 Chapter 7.58 RULES OF CONDUCT ON regarding controlled substances, or engages in CITY PROPERTY conduct that: Sections: a. Is classified as a felony, 7.58.010 General Purposes of Chapter misdemeanor, or violation under the 7.58.020 Definitions following Chapters of the Oregon Revised 7.58.030 Penalty for Violation Statutes, or is an attempt, solicitation or 7.58.040 Prohibited Acts Generally conspiracy to commit any such felony or 7.58.050 Consistency with State misdemeanor defined in ORS: Criminal Law 7.58.060 Authority of the City i. Chapter 162 — Offenses Manager Against the State and Public Justice; 7.58.070 Public Works Director to make Rules and Regulations ii. Chapter 163 — Offenses 7.58.080 Rules of Conduct on City Against Person(s); Property 7.58.090 Enforcement and Exclusion iii. Chapter 164 — Offenses from City Property Against Property to include Offensive 7.58.100 Right to Appeal Littering; 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 from City Property vi. Chapter 167 — Offenses Against Public Health, Decency and Animals; Persons who violate any of the Rules of Conduct on any City property may be vii. Chapter 475 — Controlled immediately ejected from the premises and Substances; Illegal Drug Cleanup; excluded from City property for a period of Paraphernalia; Precursors; or thirty (30) to one hundred eighty (180) days. b. Otherwise involves a (1) In addition to other measures controlled substance; or provided for violation of this Chapter, or any of the laws of the State of Oregon, police c. Has resulted in injury to any officers and authorized employees may person or damage to any property; or exclude from City property, any person who, while on that City property violates any law • ♦ V EXHIBIT C -2 — PAGE 2 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 740 — 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 exercising free speech rights or any other EXHIBIT C -2 — PAGE 3 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 EXHIBIT C -2 - PAGE 4 This page intentionally left blank. a • EXHIBIT C -3 — PAGE 1 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 7.10.030(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) l EXHIBIT C -3 — PAGE 2 This page intentionally left blank. ., .4 EXHIBIT C -4 — PAGE 1 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 Chap qT40, which may be abated pursuant to TMC Chapter 1.16. (Ord. 99 -31) • C a a This page intentionally left blank. . 4 14 4 A EXHIBIT C -5 — PAGE 1 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.■ EXHIBIT C -5 — PAGE 2 This page intentionally left blank.