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06/11/1998 - Packet i CITY OF TIGARD OREGON COMMUNITY HOUSING TASK FORCE MEETING at CITY OF TIGARD 13125 SW HALL BLVD Red Rock Conference Room Thursday, June 11, 1998 1:00 pm to 3:00 pm AGENDA I. Self introductions. II. Approval of May 28, 1998 meeting minutes. III. Work session. A. Review of substantive provisions of proposed ordinance. B. Other. IV. Meeting schedule confirmation. V. Adjourn. i:\bldg\david\commhous\agen&s\agd0611. m 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772 CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIOARD T0: Community Housing Task Force Members FROM: David Scott, Building Official DATE: May 29, 1998 SUBJECT: June 11, 1998 meeting (1 pm to 3pm, same location). Enclosed please find the agenda for the 6/11/98 meeting, minutes from the 5/28/98 meeting, proposed language for Section 220 on rubbish and excerpts from the Tigard Municipal Code regarding exterior debris, odor, animals, open storage of junk and scattering of rubbish. Please note the existing definition of"infestation" in item (27) of Section 070 - Definitions. It appears this definition addresses concerns raised at the 5/28/98 meeting. We will commence our discussion of the substantive provisions of the ordinance with a review of the existing definition of"infestation," continue with a review of the proposed language for Section 220 and then pick up with Section 230 (the last paragraph). Please note the next meeting is scheduled for 6/25/98 from 11 am to 1 pm. COMMUNITY HOUSING TASK FORCE MEETING Minutes of Thursday, May 28, 1997 Tigard City Hall MEMBERS PRESENT: Sharon Fleming-Barrett, Robert Flug, Renita Gerard (for Sheila Greenlaw-Fink), Sally Parks and Councilor Ken Scheckla. MEMBERS ABSENT: Emily Cedarleaf, Cecilia Maciel, Dedi Streich and Susan Wilson. ALSO PRESENT: Eric McMullen, Tualatin Valley Fire and Rescue, and David Scott, Building Official, City of Tigard. The meeting was convened at approximately 11:15 a.m. I. SELF INTRODUCTIONS: Introductions were made. II. APPROVAL OF MAY 7, 1998, MEETING MINUTES The minutes were approved. III. WORK SESSION: Staff advised the Task Force of progress made in contacting constituent representatives of social care facility providers. Contact has been made with both the non and for profit organizations for nursing facilities. No contact has been made with representatives of adult foster care, residential care facilities and facilities for the disabled. The Task Force advised staff to invite all of the above representatives to any future meetings, but to suggest that they come after the Task Force has completed work on the substantive provisions of the ordinance. It was noted that the Task Force will not re-visit issues already decided. A. Review of substantive provisions of proposed ordinance. Sec 190(A) - Staff reviewed the changes to this section made in accordance with the Task Force's general direction at the 5/7/98 meeting. The Task Force approved the changes as presented. Sec 210 - Staff reviewed the proposed language which incorporated New Jersey statute and Portland's requirements. Extensive discussion followed regarding the efficacy and equity of the proposed language. The Task Force reached consensus that the original Portland language would be adopted, with the addition of a definition for "infestation" to the definitions section. Staff will propose a definition for the 6/11/98 meeting. Community Housing Task Force Meeting Minutes of May 28, 1997 Page 2 Sec 220 - The Task Force reached consensus that 220(8) should be amended to add language similar to that added to 190(A). Extensive discussion then followed regarding 220(C). Points of concern included: ordinance should not regulate the relationship between landlord and tenant and this is the first section in the draft which would do so, landlords should provide for rubbish receptacles and removal service and the appropriateness of stipulating receptacle requirements for owner occupied dwellings as opposed to stipulating minimum standards regarding the prohibited accumulation of rubbish. No consensus was reached. It was proposed for future discussion that 220(8) be re-visited to stipulate that interior accumulation of rubbish is prohibited (according to original proposal) and 220(C) be removed. Staff will distribute this proposal with the 6/11/98 meeting packet. Sec 230 - Subsections (A), (B) and (C) were approved as proposed. Discussion continued regarding the second unnumbered paragraph regarding community bathroom facilities. Concern was expressed over the requirement for one facility per 12 residents and the ambiguity surrounding determining the number of residents, as well as the appropriateness of that ratio. Discussion on this item will be resumed at the 6/11/98 meeting. B. Other Bob Flug announced that this would be his last meeting and that Oregon Legal Services would be sending a new staff attorney to future meetings. The Task Force expressed its gratitude to Bob for his participation. IV. MEETING SCHEDULE CONFIRMATION: The next meetings were confirmed for 6/11/98, 1 pm - 3pm and 6/25/98, 11 am - 1 pm. Future meetings will be determined as necessary at the 6/25/98 meeting. V. ADJOURN The meeting adjourned at approximately 1:15PM. Respectfully submitted, David Scott Building Official is\bldg\david\commhous\minutes\min0628.doc Proposed language for Section 220 on rubbish: The following language is proposed to provide for a minimum standard of interior sanitation and cleanliness with respect to the accumulation of rubbish. Sub section (C) stipulating receptacle requirements and owner financial responsibility is removed. "The interior of every dwelling shall be constructed and maintained in a safe and structurally sound condition to permit the interior to be kept in a clean and sanitary condition. The interior of every dwelling unit shall be free from any accumulation of rubbish or garbage so as not to breed insects or rodents, produce dangerous or offensive gases, odors and bacteria, or other unsanitary conditions, or create a fire hazard." i:\bldg\david\commhous\miscUnbbish.doc TIGARD MUNICIPAL CODE -=t1n�S ci�'eak5 -he 5 s s ue - -f c��SA code, Civil Infractions. (Ord. 86-20 §4(Exhibit (in ivestock or animals, maintained in such places or C(3)), 1986). such a manner that they are offensive or annoying to the residents within the immediate ARTICLE II.PUBLIC HEALTI1_ NCES. vicinity, or maintaining the premises in such a ;tperson �����'� manner as to be a breeding place or likely Nuisances affecting the public breeding place for rodents,flies and other pests; health. (i) Removal of Carcasses. An animal shall cause or permit a nuisance carcass permitted to remain on public property or 7 affecting the public health. The following are to be exposed on public property for a period of / nuisances affecting the public health: time longer than is necessary to remove or dispose of the carcass. (a) Privies. An open vault or privy constructed and maintained within the city, (j) Maintenance on Private Property of a except these constructed or maintained in Dangerous Building. A "dangerous building" is connection with construction projects in one or more of the following: accordance with the State Health Division regulations; (1) A structure that, for the want of proper repairs or by reason of age and dilapidated (b) Debris. Accumulations of debris, condition, by reason of poorly installed electrical rubbish, manure and other refuse that affect the wiring or equipment,defective chimney,defective health of surrounding persons; gas connection,defective heating apparatus,or for any other cause or reason, is especially liable to (c) Stagnant Water. Stagnant water which fire, and that is so situated or occupied as to affords a breeding place for mosquitoes and other endanger any other building or property or insect pests; human life; (d) Water Pollution. Pollution of a body of (2) A structure containing combustible water, well, spring, stream or drainage ditch by or explosive material, rubbish, rags, waste, oils, sewage, industrial wastes, or other substances gasoline or flammable substance of any kind, placed in or near the water in a manner that will especially liable to cause fire or danger to the cause harmful material to pollute the water; safety of the building,premises,or to human life; --� (e) Odor. Any animal, substance or (3) A structure that is kept or condition on the premises that is in such a state or maintained or is in a filthy or unsanitary condition as to cause an offensive odor detectable condition, especially liable to cause the spread of at a property line, or that is in an insanitary contagious or infectious disease or diseases; condition; (4) A structure in such weak or (f) Surface Drainage. Drainage of liquid weakened condition, or dilapidated or wastes from private premises; deteriorated condition as to endanger any person or property by reason of probability of partial or (g) Cesspools. Cesspools or septic tanks entire collapse. (Ord. 86-39 §1(Exhibit A), 1986; that are in an unsanitary condition or which cause Ord.86-20§4(Exhibit C(4)),1986). an offensive odor; _--;7(h) Animals. Animals, including livestock or buildings for the purpose of maintaining 7-40-2 Rev. 2/13/96 TIGARD MUNICIPAL CODE provided by this section and Sections 7.40.050 (c) Used or dismantled household through 7.40.120, the standards for maintenance appliances, furniture, other discards or junk, for shall be as follows: more than five days. (Ord. 86-20 §4(Exhibit C(5)(4)), 1986). (1) The land shall remain in its natural topographic condition. No private structures, 7.40.110 Attractive nuisances. culverts, excavations or fills shall be constructed within the easement area unless authorized by the (a) No owner or responsible party shall city engineer based on a finding of need in order permit on the property: to protect the property or the public health,safety or welfare. (1) Unguarded machinery, equipment or other devices which are attractive, dangerous, (2) No tree over five feet in height shall and accessible to children; be removed unless authorized by the planning director based on a finding that the tree (2) Lumber, logs, building material or constitutes a nuisance or a hazard. piling placed or stored in a manner so as to be attractive,dangerous,and accessible to children; (3) Grass shall be kept cut to a height not exceeding ten inches, except when some (3) An open pit, quarry, cistern, or natural condition prevents cutting. other excavation without safeguards or barriers to prevent such places from being used by children; (b) In situations where the approval or authority establishes different standards or additional standards, the standards shall be in (4) An exposed foundation or portion writing and shall be recorded. No person shall be of foundation, any residue, debris or other found in violation of this section of the code building or structural remains, for more than unless the person has been given actual or thirty days after the destruction, demolition or constructive notice of the standards prior to the removal of any building or portion of the time the violation occurred. (Ord.86-20§4(Exhibit building. C(5)(3)),1986). (b) This section shall not apply to 7.40.100 Open storage of junk. authorized construction projects with reasonable safeguards to prevent injury or death to playing No person or responsible parry shall deposit, children. (Ord.86-20§4(Exhibit C(5)(5)), 1986). store, maintain or keep on any real property, except in a fully enclosed storage facility,building 7.40.120 Scattering rubbish. or garbage receptacle,any of the following: No person shall deposit upon public or (a) An icebox or refrigerator, or similar private property any kind of rubbish, trash, container,which seals essentially airtight,without debris, refuse, or any substance that would mar first removing the door; the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the (b) Inoperable, partially dismantled property, or would be likely to injure a person, automobiles, trucks, bus, trailer or other vehicle animal, or vehicle traveling upon a public way. equipment or parts thereof in a state of disrepair, (Ord.86-20§4(Exhibit C(5)(6)),1986). for more than ten days as to any one automobile, tru ,bus,trailer or piece of vehicular equipment; 7-40-4 Rev.2/13/%