Ordinance No. 15-17 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 15- ; /
AN ORDINANCE AMENDING CHAPTER 7.42 OF THE TIGARD MUNICIPAL CODE "CHRONIC
NUISANCE PROPERTY"WITH UPDATED AND ADDITIONAL LANGUAGE.
WHEREAS, staff recommends that Tigard Municipal Code 742 Chronic Nuisance Property be revised with
updated definitions and additional language and;
WHEREAS,the City Council wishes to update the content of Tigard Municipal Code 742.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code 7.42 is amended as shown in Exhibit A; text to be deleted is shown
in sbikedtraugk and text to be added is shown in underline. Updated definitions and
language include:
7.42.020 Definitions
Item "C": "Chronic Nuisance Property" means property upon which €9ur-(4) three 3 or more distinct
occurrences of any of the following acts or behavior take place during any si3c� (60�-one hundred twenty
120 day period.
Item "1": Property for which a court has issued a search warrant based on probable cause that possession,
manufacture or delivery of a controlled substance or related offenses as defined in ORS 167.203, ORS
475.005 through ORS 475.285 and/or ORS 475.940 through ORS 475.995 has occurred within the previous
one hundred twenty (120) days, and the Chief of Police has determined that the search warrant was based
on evidence of continuous or repeated chronic nuisance activities at the property.
Item"10": "Prostitution" or related offenses as defined in ORS 167.007 through ORS 167.017.
Item"11": "Theft" as defined in ORS 164.015 through ORS 164.140.
Item"12": "Arson" or related offenses as defined in ORS 164.315 through ORS 164.335.
Item "13": "Sexual Abuse. Contributing to the Sexual Delinquency of a Minor, or Sexual Misconduct" as
defined in ORS 163.415 through ORS 163.445.
Item"14": "Alcoholic Liquor"violations as defined in ORS 471.105 through ORS 471.482.
Item"15": "Offensive Littering" as defined in ORS 164.805.
Item"16": "Illegal Gambling" as defined in ORS 167.117-and/or ORS 167.122 through ORS 167.127.
Item "17": "Animal Abuse or Neglect" as defined in ORS 167.315 through ORS 167.330: "Animal
Abandonment" as defined in ORS 167.340: "Animal Fighting" as defined in ORS 167.335: or "Dog
Fighting" as defined in ORS 167.365.
ORDINANCE No. 15-
Page 1
7.42.040 Prefilling Notification Procedure
Item"B": After three (3) two 2 occurrences of any of the acts or behaviors listed in Section 7.42.020.0 of
this chapter within a sixty one hundred twenty (120) day period, the Chief of Police shall provide
notification via certified mail, stating the times and places of the alleged occurrences and the potential
liability for violation of this chapter, to all responsible parties for the property. Responsible parties for a
given property shall be presumed from the following:
Item"C": After three-f3) two 2 occurrences of any of the acts or behaviors listed in Section 7.42,020.0 of
this chapter within a 60—day one hundred twenty (120) day period, notification shall be provided as
described in subsection B of this section. (Ord. 12-01 §2; Ord. 94-11).
7.42.050 Remedies
Item "2": If the court determines a propertyto be a
Chronic Nuisance Property, the court may impose a civil penalty of up to $1.000.00 per day for each day a
nuisance activity occurred on the property after three (3) occurrences within a one hundred twenty (120) day
time period.
SECTION 2: This ordinance shall be effective 30 days after its passage by council, signature by the mayor
and posting by the city recorder.
PASSED: By UA7AJj;mans vote of all council members present after being read by number
and title only,this 10'd ay of o u e rk Ge r ,2015.
`719ale017lC ki mu'+yti
Carol A.Krager,City Recorder
APPROVED: By Tigard City Council this ly+hday of /1/o uc Pm4 e r ,2015.
Jo .Cook,Mayor
Approved as to form:
� 1
ity At1torney
� l • � t •2.otf
Date
ORDINANCE No. 15- 17
Page 2
TIGARD MUNICIPAL CODE
Chapter 7.42 CHRONIC NUISANCE Tigard Police Department or his/her designee.
PROPERTY
B. "City manager" means the city manager
Sections: or his/her designee.
7.42.010 Short Title C. "Chronic nuisance property" means
7.42.015 Incorporation of State Statute property upon which €etre three 3 or more
7.42.020 Definitions distinct occurrences of any of the following acts
7.42.030 Chronic Nuisance Property or behaviors take place during any 60 day one
7.42.040 Prefiling Notification Procedure hundred twenty day 020)period.
7.42.045 Commencement of Actions—
Summons and Complaint 1. Property for which a court has issued
7.42.050 Remedies a search warrant based on probable cause that
7.42.060 Defenses—Mitigation of Civil possession, manufacture or delivery of a
Penalty controlled substance or related offenses as defined
7.42.070 Closure During Pendency of in ORS 167.203, ORS 475.005 through ORS
Action—Emergency Closures 475.285 and/or ORS 475.940 through ORS
7.42.080 Enforcement of Closure 475.995 has occurred within the previous 120
Order—Costs—Civil Penalty days and the Chief of Police has determined that
7.42.085 Tenant Relocation Costs the search warrant was based on evidence of
7.42.090 Attorney Fees continuous or repeated chronic nuisance activities
7.42.100 Severability at the property.
7.42.110 Nonexclusive Remedy
2. "Harassment,"as described in ORS
7.42.010 Short Title 166.065;
The ordinance codified in this chapter shall 3. "Fire or discharge of a gun or
be known as the "Chronic Nuisance Ordinance," weapon," as described in Section 7.32.120 of this
and may also be referred to herein as "this code;
chapter."(Ord.94-11)
4. "Disorderly conduct," as described
7.42.015 Incorporation of State Statute in ORS 166.025;
Any reference to state statute incorporated 5. "Public indecency," as described in
into this chapter refers to the statute in effect on Section 7.32.110 of this code;
the effective date of the ordinance codified in this
chapter. (Ord. 94-11) 6. "Unlawful use or possession of
weapons or firearms," as described in ORS
7.42.020 Definitions 166.210 through 166.275;
As used in this chapter,or any code provision 7. "Violation of the Uniform
referenced by this chapter, the following Controlled Substances Act," as described in ORS
definitions apply. Chapter 475;
A. "Chief of police" means the chief of the 8. "Assault," as described in ORS
-42-1 Code Update:3112
TIGARD MUNICIPAL CODE
163.160, 163.165, 163.175,or 163.185; F. "Owner" means the person or persons
having legal or equitable title to the property.
9. "Menacing," as described in ORS
163.190. G. "Property" means any real property
including land and that which is affixed,
10. "Prostitution"or related offenses as incidental or appurtenant to land, including but
described in ORS 167.007 through ORS 167.017. not limited to any premises, room, apartment,
house,building or structure or any separate part or
11. "Theft" as described in ORS portion thereof,whether permanent or not.
164.015 through ORS 164.140.
H. "Responsible party" includes each of the
12. "Arson" or related offenses as following:
described in ORS 164.315 through ORS 164.335.
1. The owner of the property, or the
13. "Sexual Abuse, Contributingto o the owner's manager or agent or other person in
Delinquency of a Minor, or Sexual Misconduct" control of the property on behalf of the owner; or
as described in ORS 163.415 through ORS
163.445. 2. The person occupying the property,
including bailee, lessee, tenant or other person
14. Alcoholic liquor violations as having possession. (Ord.03-08;Ord.94-11)
described in ORS 471.105 thorough ORS
471.482. 7.42.030 Chronic Nuisance Property
15. "Offensive Littering" as described A. The acts or omissions described herein
in ORS 164.805. are hereby declared to be public nuisances of the
sort that commonly recur in relation to a given
16. "Illegal Gambling" as described in property, thereby requiring the remedies set out in
ORS 167.117, and/or ORS 167.122 through ORS this chapter.
167.127.
B. Any property within the City of Tigard
17. "Animal Abuse or Neglect", ORS which becomes chronic nuisance property is in
167.315 through ORS 167.330; "Animal violation of this chapter and subject to its
Abandonment", ORS 167.340; "Animal remedies.
Fighting", ORS 167.355; or "Dog Fi htg i� ORS
167.365. C. Any person who is a responsible party
for property which becomes a chronic nuisance
property shall be in violation of this chapter and
D. "Code enforcement officer" means the subject to its remedies. (Ord. 94-11)
chief of police or the city attorney, as designated
by the city manager. 7.42.040 Prefiling Notification Procedure
E. "Hearings officer" or "civil infractions A. Except as otherwise noted herein,
hearings officer" means the municipal judge of notwithstanding Section 1.16.060.13 of this code,
the City of Tigard. this section sets out procedures to be used in
processing an infraction of this chapter.
7-42-2 Code Update:3112
TIGARD MUNICIPAL CODE
B. After tlfee two 2 occurrences of any
of the acts or behaviors listed in Section 2. The name and address of each
7.42.020.0 of this chapter within a si*ty(60) 120- respondent;
day period, the chief of police shall provide
notification via certified mail, stating the times 3. The infraction with which the
and places of the alleged occurrences and the respondent is charged;
potential liability for violation of this chapter, to
all responsible parties for the property. 4. The date, time, and place at which
Responsible parties for a given property shall be the hearing on the infraction is to take place;
presumed from the following:
5. An explanation of the respondent's
1. The owner and the owner's agent, obligation to appear at this hearing, and that
as shown on the tax rolls of Washington County; failure to appear may result in a default judgment
being taken against the respondent;
2. The resident of the property, as
shown on the records of the water department. 6. An explanation of the respondent's
right to a hearing, right to representation by
C. After tree two occurrences of any of counsel at personal expense, right to cross
the acts or behaviors listed in Section 7.42.020.0 examine adverse witnesses, and right to
of this chapter within a 60 clay 120 day period, compulsory process for the production of
notification shall be provided as described in witnesses;
subsection B of this section. (Ord. 12-01 §2; Ord.
94-11) 7. Notice that the cost of the hearing,
including witness fees, may be charged to the
7.42.045 Commencement of Actions— respondent if the final order of the court finds that
Summons and Complaint the property is a chronic nuisance property.
A. A uniform infraction summons and C. The uniform infraction complaint shall
complaint, containing the following parts, may be contain the following information:
served upon any responsible party for chronic
nuisance property, citing that party into municipal 1. The date, time, and place the
court. alleged infractions occurred;
1. The summons; 2. The date on which the complaint
was issued;
2. The complaint;and
3. A notice to the respondent that a
3. A description of the alleged civil complaint has been filed with the Municipal
occurrences leading to violation of this chapter, Court.
stating the times and places of those occurrences.
D. Service of the summons and complaint
B. The uniform infraction summons shall shall be accomplished as described in Section
contain the following information: 1.16.230 of this code. In addition to the affidavit
described in subsection G of that section, a return
1. The file number; receipt of certified mailing which indicates
7-42-3 Code Update:3112
TIGARD MUNICIPAL CODE
delivery of the summons and complaint to the pursuant to subsection A of this section, the
respondent's last known address, or a certified respondent may file a bond acceptable to the
mailing which has been returned by the post office court. Such bond shall be in an amount set by the
"unclaimed," shall also create a rebuttable court not to exceed the value of the property
presumption that the respondent had the required closed as determined by the court, and shall be
notice. conditioned upon the non-recurrence of any of the
acts or behaviors listed at Section 7.42.020.0 of
E. The hearing for determination as to this chapter for a period of one year after the
whether an infraction has been committed shall judgment. Acceptance of the bond described
take place in the manner described in Sections herein is further subject to the court's satisfaction
1.16.250 through 1.16.300 and 1.16.320 of this of the respondent's good faith commitment to
code. abatement of the nuisance. (Ord. 94-11)
F. Subject to the limitations of Section 7.42.060 Defenses—Mitigation of Civil
1.16.230.G of this code, a default judgment may Penalty
be entered against a respondent who fails to
appear at the scheduled hearing. Upon such A. It is a defense to an action brought
judgment, the court may prescribe the remedies pursuant to this chapter that the responsible party
described in this chapter. (Ord. 12-01 §2;Ord. 94- at the time in question could not, in the exercise of
11) reasonable care or diligence, determine that the
property had become chronic nuisance property,
7.42.050 Remedies or could not, in spite of the exercise of reasonable
care and diligence, control the conduct leading to
A. Upon finding that the respondent has the finding that the property is chronic nuisance
violated this chapter,the court may: property. However, it is no defense under this
subsection that the party was not at the property at
1. Require that the chronic nuisance the time of the incidents leading to the chronic
property be closed and secured against all use and nuisance situation.
occupancy for a period of not less than 30,but not
more than 180,days; and/or B. In implementing the remedies described
in this chapter, the court may consider any of the
2. Assess a eivil penalty net te e3keeed following factors, as they may be appropriate, and
$309;-an&er- If the court determines a property to shall cite those found applicable:
be a Chronic Nuisance Property, the court may
impose a civil penalty of up to $1,000.00 per day 1. The actions taken by the owner(s)
for each day a nuisance activity occurred on the to mitigate or correct the problem at the property;
property after three (3) nuisance activities have
occurred on the property within a 120 day time 2. The financial condition of the
period. owner;
3. Employ any other remedy deemed 3. Whether the problem at the
by the court to be appropriate to abate the property was repeated or continuous;
nuisance.
4. The magnitude or gravity of the
B. In lieu of closure of the property problem;
742-4 Code Update:3112
1
TIGARD MUNICIPAL CODE
C. The city manager may, within 14 days
5. The cooperativeness of the of written decision by the court, submit a signed
owner(s)with the city in remedying the problem; and detailed statement of costs to the court for its
review. If no objection to the statement is made
6. The cost to the city of investigating within the period prescribed by Oregon Rule of
and correcting or attempting to correct the Civil Procedure 68, a copy of the statement,
condition; including a legal description of the property, shall
be forwarded to the office of the city finance
7. Any other factor deemed by the director who thereafter shall enter the same in the
court to be relevant.(Ord. 94-11) city's lien docket in the same manner prescribed
by Section 1.16.710 of this code.
7.42.070 Closure During Pendency of
Action—Emergency Closures D. Persons assessed the costs of closure
and/or civil penalty pursuant to this chapter shall
In addition to any other remedy available to be jointly and severally liable for the payment
the city under this chapter, in the event that the thereof to the city. (Ord. 12-01 §2; Ord. 03-08;
chief of police finds that a property constitutes an Ord. 94-11)
immediate threat to the public safety and welfare,
the city may apply to any court of competent 7.42.085 Tenant Relocation Costs
jurisdiction for such interim relief as is deemed by
the city manager to be appropriate. In such event, A "tenant" (as defined by ORS 90.100(16))
the notification and commencement of action of chronic nuisance property may be entitled to
procedures set forth in Sections 7.42.040 and reasonable relocation costs, if without actual
7.42.045 need not be complied with. (Ord. 03-08; notice the tenant moved into the property after the
Ord. 94-11) property owner or his/her agent received notice of
an action brought pursuant to this chapter. Any
7.42.080 Enforcement of Closure allowable costs will be determined by the city,
Order—Costs—Civil Penalty and shall be a liability upon the owner of the
chronic nuisance property.(Ord. 94-11)
A. The court may authorize the city to
physically secure the property against use or 7.42.090 Attorney Fees
occupancy in the event that the owner(s)fail to do
so within the time specified by the court. In any action brought pursuant to this
chapter, the court may, in its discretion, award
B. The court may assess on the property reasonable attorney's fees to the prevailing party.
owner the following costs incurred by the city in (Ord. 94-11)
effecting a closure of property:
7.42.100 Severability
1. Costs incurred in actually
physically securing the property against use; If any provision of this chapter, or its
application to any person or circumstance, is held
2. Administrative costs and attorney's to be invalid for any reason, the remainder of the
fees in bringing the action for violation of this chapter, or the application of its provisions to
chapter. other persons or circumstances, shall not in any
way be affected. (Ord. 94-11)
7-42-5 Code Update:3112
TIGARD MUNICIPAL CODE
7.42.110 Nonexclusive Remedy
The remedy described in this chapter shall
not be the exclusive remedy of the city for the acts
and behaviors described in Section 7.42.020.C.
(Ord. 94-11)■
7-42-6 Code Update:3112