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Ordinance No. 13-06 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 13-0(0 AN ORDINANCE TO AMEND TIGARD MUNICIPAL CODE CHAPTER 15.20.050 STREET MAINTENANCE FEE. WHEREAS, the City of Tigard Municipal Code Chapter 15.20, Street Maintenance Fee was last updated July 2010;and WHEREAS, the Street Maintenance Fee rate of inflation is currently adjusted using a combination of two indexes, the Oregon Composite Construction Cost Index and the US Bureau of Labor Statistics employment cost index for construction workers ;and WHEREAS, the Oregon Composite Construction Cost Index is no longer calculated requiring a comparable replacement index;and WHEREAS, two comparable indices that best meet the city's needs for labor, construction materials, and asphalt costs are the Engineering News Record (ENR)-Seattle, and the Oregon Monthly Asphalt Cement Material Price Index;and WHEREAS, the combined indexes of Engineering News Record (ENR)-Seattle at 85%, and the Oregon Monthly Asphalt Cement Material Price Index at 15%will yield the appropriate rate of inflation. WHEREAS, subsequent changes in the Street Maintenance Fee including methodology will be included in the City of Tigard's Master Fees&Charges Schedule and reviewed annually. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific Tigard Municipal Code 15.20 Street Maintenance Fee attached as Exhibit A to this ordinance is hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: vote of 4council members present after being read by number and title only,this �— day of ,2013. Catherin Wheatley,City Recorder APPROVED: By Tigard City Council this day o ,2013. John Cook,Mayor ORDINANCE No. 13- 0(-V Page 1 I Approved as to form: , City A6ilney ai� 1 C2 I-3 Date ORDINANCE No. 13- 06 Page 2 TIGARD MUNICIPAL CODE Chapter 15.20 STREET MAINTENANCE (2) Developed property or developed use. A FEE. parcel or legal portion of real property, on which an improvement exists or has been constructed. Sections: Improvement on developed property includes,but is not limited to buildings, parking lots, 15.20.010 Creation and Purpose. landscaping and outside storage. 15.20.020 Definitions. 15.20.030 Administrative Officers (3) Finance Director. The Finance & Designated. Information Services Director or designee. 15.20.040 Street Maintenance Fees Allocated to the Street (4) Residential Property. Property that is Maintenance Fee Fund. used primarily for personal domestic 15.20.050 Determination of Street accommodation, including single family, multi- Maintenance Fee. family residential property and group homes, but 15.20.060 Determination of Amount, not including hotels and motels. Billing and Collection of Fee. 15.20.070 Waiver of Fees in Case of (5) Nonresidential Property. Property that is Vacancy. not primarily used for personal domestic 15.20.080 Administrative Provisions and accommodation. Nonresidential property includes Appeals. industrial, commercial, institutional, hotel and 15.20.090 Administrative Policies. motel,and other nonresidential uses. 15.20.100 Penalty. 15.20.110 Severability. (6) Street Functional Classification. Street classifications as described in the Tigard 15.20.010 Creation and Purpose. Transportation System Plan. A street maintenance fee is created and a. Arterials are defined as streets imposed for the purpose of maintenance of City having regional level connectivity. These streets streets. The street maintenance fee shall be paid link major commercial, residential, industrial and by the responsible party for each occupied unit of institutional areas. real property. The purposes of the street maintenance fee are to charge for the service the b. Collectors are defined by citywide City provides in maintaining public streets and to or district wide connectivity.These streets provide ensure that maintenance occurs in a timely both access and circulation within and between fashion, thereby reducing increased costs that residential and commercial/industrial areas. result when maintenance is deferred. c. Neighborhood routes are defined as 15.20.020 Definitions. streets that provide connections within the neighborhood and between neighborhoods. These As used in this chapter, the following shall streets provide connectivity to collectors or mean: arterials. (1) Public Works Director. The Public d. Local commercial/industrial streets Works Director or the Public Works Director's are those streets within the City that are not designee. designated as arterials or collectors and whose 15-20-1 Code Update:10/10 TIGARD MUNICIPAL CODE primary function is serving traffic to and from (10) Responsible Party. The person or commercial and/or industrial (i.e., nonresidential) persons who by occupancy or contractual uses. arrangement are responsible to pay for utility and other services provided to an occupied unit. e. Local streets are any streets within Unless another party has agreed in writing to pay the City that are not designated as arterials, and a copy of the writing is filed with the City,the collectors, neighborhood routes or identified as person(s) paying the City's water and/or sewer commercial/industrial streets. These streets have bill for an occupied unit shall be deemed the the sole function of providing access to responsible party as to that occupied unit. For any immediately adjacent land. occupied unit not otherwise required to pay a City utility bill, "responsible party" shall mean the (7) Parking Space Requirement. The person or persons legally entitled to occupancy of minimum off-street vehicle parking requirement the occupied unit,unless another responsible party as stated in the Minimum and Maximum Off- has agreed in writing to pay and a copy of the Street Vehicle and Bicycle Parking Requirements writing is filed with the City. Any person who has in the Tigard Community Development Code. agreed in writing to pay is considered the responsible person if a copy of the writing is filed (8) Pavement Management Program(PMP). with the City. An annual program of corrective and preventative maintenance on City of Tigard streets funded by (11) Street Maintenance. Any action to the street maintenance fee (SMF). The program maintain City streets, including repair, renewal, helps to extend the life of the pavement structure resurfacing, replacement and reconstruction. by various means such as, pavement overlaying, Street maintenance does not include the slurry sealing, or complete removal and construction of new streets or street lighting. replacement of asphalt. Street maintenance shall include resurfacing of existing streets, repair or replacement of curb and (9) Occupied Unit. Any structure or any gutter where they exist, repair or replacement of portion of any structure occupied for residential, the entire existing street structural section, repair commercial, industrial, or other purposes. For or replacement of existing street shoulders, example, in a multifamily residential develop- pavement markers, striping and other street ment, each dwelling unit shall be considered a markings, repair or replacement of existing separate occupied unit when occupied, and each channelization devices, adjustment of existing retail outlet in a shopping mall shall be considered utilities to match finish grades, and any other a separate occupied unit. An occupied unit may related work within the existing streets. It includes include more than one structure if all structures repair or restoration of existing storm drainage are part of the same dwelling unit or commercial systems within existing streets, but does not or industrial operation. For example an industrial include installation of new drainage systems. It site with several structures that form an integrated includes right-of-way maintenance on the City's manufacturing process operated by a single arterial and collector streets, which covers manufacturer constitutes one occupied unit. maintenance and enhancement of planting strips, Property that is undeveloped or, if developed, is medians and areas between sidewalks and not in current use is not considered an occupied property lines on these street to prevent the unit. uncontrolled growth of weeds and other undesirable vegetation in these areas. It does not include repair or replacement of existing 15-20-2 Code Update:10/10 TIGARD MUNICIPAL CODE sidewalks. (Ord. 10-01 § 2). to the street maintenance fee fund. 15.20.030 Administrative Officers (2) The street maintenance fee fund shall Designated. not be used for other governmental or proprietary purposes of the City, except to pay for an (1) Except as provided in subsections (2) equitable share of the City's overhead costs and (3) of this section, the Public Works Director including accounting,management and other costs shall be responsible for the administration of this related to management and operation of the street chapter. The Public Works Director shall be maintenance program. Engineering design, responsible for developing administrative pavement evaluation, construction management, procedures for the chapter, administration of fees, and other related costs, including project and for the purposes of establishing the fee for a advertisements for bid, in the implementation of specific occupied unit, the consideration and the street maintenance projects shall also be assignment of categories of use,and parking space considered as being used for street maintenance. requirements subject to appeal in accordance with (Ord. 10-01 §2). this chapter. 15.20.050 Determination of Street (2) The Public Works Director shall be Maintenance Fee. responsible for developing and maintaining street maintenance programs for the maintenance of (1) The street maintenance fee shall be City streets and, subject to City Budget established based on the following: Committee review and City Council approval, allocation and expenditure of budget resources for (a) The City's five-year maintenance street system maintenance in accordance with this and reconstruction plan for corrective and chapter. preventative maintenance of the City's street infrastructure. (3) The Finance Director shall be responsible for the collection and calculation of (b) The average annual cost based on fees and the appeals process under this chapter. the five-year maintenance and reconstruction plan (Ord. 10-01 §2). with costs allocated as follows: 15.20.040 Street Maintenance Fees (i) Arterial maintenance costs Allocated to the Street allocated 62% to nonresidential uses and 38% to Maintenance Fee Fund. residential uses. (1) All street maintenance fees received (ii) Local commercial/industrial shall be deposited to the street maintenance fee street maintenance costs allocated 100% to fund or other fund dedicated to the operation and nonresidential uses. maintenance of the City street system. The street maintenance fee fund shall be used for street (iii) Collector maintenance costs maintenance. Other revenue sources may also be allocated 50% to residential uses and 50% to used for street maintenance.Amounts in the street nonresidential uses. maintenance fee fund may be invested by the Finance Director in accordance with State law. (iv) Neighborhood routes and local Earnings from such investments shall be dedicated street maintenance costs allocated 100% to 15-20-3 Code Update:10/10 TIGARD MUNICIPAL CODE residential uses. (4) The street maintenance fee will be adjusted according to an annual index_ that (c) For residential property, the fee shall be charged on a per unit basis. the e m-b-in-ati,.. „c.h„c llowi ffg indices- (d) For nonresidential property other (a) The index is defined in the city's than gasoline stations, the fee shall be based on Master Fees and Charges Schedule. Oregon the minimum number of vehicle parking spaces as stated in the Minimum and Maximum Off-Street eest of materials(weighted 65%) Vehicle and Bicycle Parking Requirements in the Tigard Community Development Code for each (b) The T T�. Bureau of Tabor-Statisties occupied unit, provided, however, that the gmpleyment eest loder. €er Private lndostr3i maximum number of parking spaces for purposes Wefkers, by n,.,.,.pati,nal Gr-e tp and industry, of calculating the street maintenance fee shall be 250. (weighted i. In that nonresidential property (eb) A floor of two percent and a ceiling with fewer than six required spaces shall of seven percent has been established_based en a constitute a tier with a 50% reduction of the total . fee amount. (5) The indieeswill be applied in seeer� ii. In recognition that religious Emd third period of the three pai4 phasing and institutions have minimum parking space o o eaf then-eaft requirements that are relatively large in comparison to the actual use of those spaces, the (65)The program shall be reviewed annually total fee for each religious institution shall be as part of the City's budget process. reduced by 50%. (q6� Following each review of the program, (e) The street maintenance fee for the Finance Director shall review the revenue gasoline stations shall be based on the number of received from the new rates after a full year of fueling positions. collection to determine if the annual revenues meet the annual funding level set from the (2) The street maintenance fee rates shall updated five-year street maintenance plan. The be established by Council resolution. Finance Director shall report the findings of that review to City Council and may make (3) Beginning July 1, 2010, the fee for the recommendations on any potential fee increases or Pavement Management Program will be decreases based on that review. Any unspent implemented in three phases. The second phase funds will be placed in a reserve fund. (Ord. 10-01 will be effective on April 1, 2011 and the third §2). will be effective on January 1, 2012. The street surface portion of the PMP will be phased in 15.20.060 Determination of Amount, evenly over all three phases. The right-of-way Billing and Collection of Fee. portion of the PMP will be phased in evenly to residential customers over the last two phases. (1) For the purpose of establishing the fee, the minimum required number of parking spaces 15-204 Code Update: 10/10 TIGARD MUNICIPAL CODE or the number of fueling positions for each utility services and street maintenance. occupied unit of nonresidential property shall be (5) An account is delinquent if the street determined by the Public Works Director. For maintenance fee is not paid by the due date shown uses not explicitly listed in the Tigard on the utility bill. The City may follow the Development Code as to required parking, the procedures for collection of delinquent accounts Public Works Director shall assign the use to the set forth in Sections 12.03.030 and/or 12.03.040, similar category with the most similar impact on including termination of water and/or sanitary the transportation system, considering relevant sewer service. (Ord. 10-01 §2). information such as: 15.20.070 Waiver of Fees in Case (a) The size of the site and the of Vacancy. building; (1) When any developed property within the (b) The number of employees; City becomes vacant as described in subsection (6) of this section, upon written application and (c) Other developed sites with similar approval by the Finance Director, the street use. maintenance fee shall thereafter not be billed and shall not be a charge against the property until (2) The Public Works Director shall such time as the property is no longer vacant. establish the amount of street maintenance fee payable for each unit of nonresidential property (2) The Finance Director is authorized to and shall inform the Finance Director of the cause an investigation of any property for which amount. The amount payable shall be re- an application for determination of vacancy is determined if there is a change in use or submitted to verify any of the information development. All redeterminations based on a contained in the application. The Finance Director change in use or development shall be prospective is further authorized to develop and use a standard only. The Finance Director shall charge the per- form of application, provided it shall contain a unit street maintenance fee to the responsible space for verification of the information and the party for each occupied unit of residential person signing such form affirms under penalty property. for false swearing the accuracy of the information provided therein. (3) The street maintenance fee shall be billed to and collected from the responsible party (3) When any developed property within the for each occupied unit. Billings shall be included City has the utilities shut-off due to vacancy, the as part of the water and sewer bill for occupied street maintenance fee shall be waived for the units utilizing City water and/or sewer, and billed duration of the vacancy as described in subsection and collected separately for those occupied units (6)of this section. not utilizing City water and/or sewer. All such bills shall be rendered regularly by the Finance (4) When any multi-occupied developed Director and shall become due and payable upon property within the City has one or more receipt. vacancies as described in subsection (6) of this section, the responsible party may request, in (4) Collections from utility customers will writing, a waiver of a portion of the street be applied first to interest and penalties, then maintenance fee applicable to the vacant units. proportionately among the various charges for 15-20-5 Code Update:10/10 TIGARD MUNICIPAL CODE (5) When a change of use occurs, a vacancy the Public Works Director. The application shall has been filled,or a property is developed,it is the be submitted in sufficient detail to enable the responsible party's responsibility to inform the Public Works Director to render a decision. City of any change so the proper street maintenance fees may be assessed. If the (2) Within 30 days of the submission of a responsible party does not inform the City of any complete application requesting reconsideration of change, the City shall cancel the vacancy waiver the amount of the street maintenance fee to be and charge the responsible party as per subsection charged to an occupied unit, the Public Works (6) of this section. Director shall render a decision on the application. The decision shall be written and shall include (6) For purposes of this section, a unit of findings of fact and conclusions for the particular property is vacant when it has been continuously aspects of the decision, based upon applicable unoccupied and unused for at least 30 days. Fees criteria, which may include a land use decision shall be waived in accordance with this section that modifies the minimum required vehicle only while the property remains vacant. The parking for an occupied unit. A copy of the waiver duration is for six months. After six decision shall be mailed to the person submitting months, the responsible party must re-apply for the request. The Public Works Director shall the waiver if the property continues to be maintain a collection of such decisions. Decisions unoccupied and unused. The responsible party has of the Public Works Director, which affect the 30 days to re-apply for the vacancy waiver after amount of fee to be charged to a property, shall be the expiration of the six month waiver. Any forwarded to the Finance Director. Except as occupancy or use of the property terminates the provided under subsection (4) of this section, the waiver. As a penalty for not reporting a change in decision of the Public Works Director is final. property vacancy, the City may charge any property two times the appropriate street (3) For the purpose of reviewing the fee,the maintenance fee, that would have been due Public Works Director may determine that the without the vacancy waiver for prior billing land use category is proper and that the fee periods,upon determining by whatever means that charged is appropriate. However, if the decision the property did not qualify for waiver of charges of the Public Works Director results in a change during the relevant time. The decision of the in the category of land use, the Public Works Finance Director under subsections (1), (2) and Director shall, for the purpose of establishing the (6) of this section shall be final. (Ord. 10-08 § 1, fee, assign a new use category, determine the 2010;Ord. 10-01 § 2). appropriate fee for the category, and notify the Finance Director so that the appropriate change 15.20.080 Administrative Provisions and may be made in the applicable fee to be charged Appeals. in the future. No back charges or refunds are required. The decision of the Public Works (1) The Public Works Director shall have Director, under this subsection (3) only, may be the initial authority and responsibility to interpret appealed. all terms, provisions and requirements of this chapter and to determine the appropriate charges (4) Council may form a subcommittee thereunder. The responsible party for an occupied consisting of two Council members, or appoint a unit may request reconsideration of the Public committee of disinterested citizens, hereinafter Works Director's determination of the amount of known as the Appeal Committee, to address any the fee by submission of a written application to appeals to the Public Works Director's decisions. 15-20-6 Code Update: 10/10 TIGARD MUNICIPAL CODE A responsible party who disputes the 15.20.090 Administrative Policies. determination of the Public Works Director as to use category or number of required parking spaces (1) The following policies shall apply to the may file a written appeal with the Appeal operation and scope of this chapter: Committee. All appeals must be submitted within 10 days from the date of the Public Works (a) Street maintenance fees imposed Director's decision,together with a filing fee in an under this chapter shall apply to all occupied amount set by Council by resolution. The units, occupied units owned and/or occupied by application for appeal shall specify the reasons for local, state and federal governments, as well as the appeal and shall provide sufficient information property which may be entitled to exemption from for the Appeal Committee to render a decision. or deferral of ad valorem property taxation. No other appeals shall be permitted. (b) Publicly owned park land, open (5) The Appeal Committee shall schedule a spaces and greenways shall not be subject to the review of each appeal and shall notify the street maintenance fee unless public off-street appellant not less than 10 days prior thereto of the parking designed to accommodate the use of such date of such review. The Appeal Committee shall areas is provided. conduct a hearing to determine whether there is substantial evidence in the record to support the (c) Areas used for commercial farming interpretation given by the Public Works Director or forestry operations shall be billed according to and may continue the hearing for purposes of the use of any structures on the site. Where a site gathering additional information bearing on the is used exclusively for farming or forestry and not issue. The Appeal Committee shall render an for residential or commercial uses, the site shall initial oral decision and shall adopt a final written not be subject to the street maintenance fee. decision together with appropriate findings in Where there are different seasonal uses of support thereof. The decision of the Appeal structures on farm or forest land, the use category Committee shall be for the purpose of establishing shall be determined by examining the use for the the fee and limited to whether the appellant has longest portion of the year. Where more than one been assigned to the appropriate use category, or use is made of a farming or forestry site,then each whether the appropriate minimum vehicle parking use shall be examined separately and combination space requirement or number of fueling positions of use categories shall be used to determine the has been correctly identified. If the Appeal street maintenance fee. Committee should determine that for the purpose of establishing the fee, a different use category (d) Areas encompassing railroad and should be assigned, or that the minimum parking public right-of-way shall not be subject to the space requirement should be revised, it shall so street maintenance fee. order, provided no refund of prior street maintenance fees shall be given. Only where the (e) Railroad property containing Committee decision results in a change in use structures, such as maintenance areas, non-rolling category and/or change in the minimum parking storage areas and areas used for the transfer of rail space requirement will the filing fee on the appeal transported goods to non-rail transport shall be be refunded. The Appeal Committee decision subject to street maintenance fees. shall be final.(Ord. 10-01 § 2). (f) For newly developed properties, the fees imposed under this chapter shall become 15-20-7 Code Update:10/10 TIGARD MUNICIPAL CODE due and payable from and after the date when the be invalid or unenforceable, the validity of the developed property is occupied and connected to remainder of the chapter shall continue to be the public water or sanitary sewer system. effective. If a court of competent jurisdiction determines that this chapter imposes a tax or (2) The Public Works Director is authorized charge, which is therefore unlawful as to certain and directed to review the operation of this but not all affected properties, then as to those chapter and, where appropriate, recommend certain properties, an exception or exceptions changes thereto in the form of administrative from the imposition of the street maintenance fee policies for adoption of the City Council by shall thereby be created and the remainder of the resolution. Administrative policies are intended to chapter and the fees imposed thereunder shall provide guidance to property owners, subject to continue to apply to the remaining properties this chapter, as to its meaning or operation, without interruption. consistent with policies expressed herein. Policies adopted by the Council shall be given full force (2) Nothing contained herein shall be and effect, and unless clearly inconsistent with construed as limiting the City's authority to levy this chapter shall apply uniformly throughout the special assessments in connection with public City. improvements pursuant to applicable law. (Ord. 03-10). ■ (3) If an occupied unit of nonresidential property is used for more than one use with different minimum parking requirements, the street maintenance fee shall be based on the required parking for the total of the various uses. (4) The determination or assignment of a use category and minimum number of parking spaces under the provisions of this chapter are strictly for the purpose of establishing a fee and are not statutory land use decisions. (Ord. 10-01 § 2). 15.20.100 Penalty. In addition to any other remedy, violation of any provision of this chapter shall be a Class A Civil Infraction. Each day of delinquency in paying the street maintenance fee constitutes a separate violation. 15.20.110 Severability. (1) In the event any section, subsection, paragraph, sentence or phrase of this chapter or any administrative policy adopted herein is determined by a court of competent jurisdiction to 15-20-8 Code Update:10/10