Ordinance No. 02-28 CITY OF TIGARD, OREGON
ORDINANCE NO. 02 DA
AN ORDINANCE AMENDING CHAPTER 12.02 (SANITARY SEWER AND SURFACE WATER
MANAGEMENT) OF THE TIGARD MUNICIPAL CODE MAKING APPROPRIATE NAME AND
TITLE CHANGES.
WHEREAS, the municipal code references the Unified Sewerage Agency and the name of the Agency was
recently changed to Clean Water Services; and
WHEREAS, the municipal code references the position of City Administrator and this position is now titled
City Manager; and
WHEREAS,the municipal code references Clean Water Services Ordinances and Resolutions,but does not
indicate that the reference applies to any future amendments to the Ordinances or Resolutions.
NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code 12.02 is amended to reflect the name and title change of Unified
Sewerage Agency to Clean Water Services; and City Administrator to City Manager;
and Clean Water Services Ordinances and Resolutions are referenced as amended, as
shown in Attachment A.
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: By (.I06kI I i1)")G t,5 vote of all Council members present after being read by number
and title only,this 'day of _ C ,2002.
67
'Y
J ,
atherine Wheatley,City kecorder
LGA
APPROVED: By Tigard City Council this 7 day oft ' '" 2002.
es E. Griffi ,M o
,9
Approved as to form:
icy Auvrriey
Date
ORDINANCE No. 02-.Q
Page 1
ATTACHMENT A
TIGARD MUNICIPAL CODE
Chapter 12.02 SANITARY SEWER AND control of the property on behalf of the owner;
SURFACE WATER
MANAGEMENT. (b) The person occupying the property,
including lessee, tenant or other person having
Sections: possession;
12.02.010 Title. (c) The person who is alleged to have
12.02.020 Definitions. committed the acts or omissions, created or
12.02.030 Purpose. allowed the condition to exist, or placed or
12.02.040 Clean_Water Services Unified transported the eroding soil.(Ord. 94-19)
Sewer-age A R,.ney of
Wrias""*^" rVo*ntyRules 12.02.030 Purpose.
Adopted.
12.02.050 Use And Operation; Charges This chapter adopts the ordinance and rules of
Imposed For Use;Appeal Clean Water Services the l-Inif}ed S€wer-ag€
Procedures And Enforcement. AgenGy that pertain to the operation and use of
12.02.060 Charges,Rates And Fees; sanitary and surface water systems and to systems
Associated Penalties. development charges. This chapter does not
12.02.070 Pretreatment By Industrial regulate the collection of user fees. (Ord. 94-19)
Users.
12.02.080 Temporary Adoption Of 12.02.040 Clean Water ServicesUnified
Clean Water Services Washington County Rules
Ordinances,Resolutions And Adopted.
Orders.
12.02.090 Immediate Remedial Action Clean Water Services T nif4oa Sewer-age A gene..
Required. ^F A.A.Za-shington County Resolution and Orders No.
12.02.100 Penalty. 91-47 (excluding Chapter 2) as amended,
Construction Standards and Regulations
12.02.010 Title. pertaining to the sanitary sewerage and storm and
surface water management systems are adopted
This chapter shall be known as the "sanitary sewer and shall be in full force and effect as part of this
and surface water management chapter" and may code. (Ord. 94-19)
also be referred to as"this chapter." (Ord. 94-19)
12.02.050 Use And Operation; Charges
12.02.020 Definitions. Imposed For Use; Appeal
Procedures And Enforcement.
As used in this chapter:
Clean Water Services T T,;r oa co.,,o Ro A,.enc)
"Responsible party" means the person responsible Ordinance Nos. 26 through 28 as amended are
for curing or remedying a violation of this adopted by reference and shall be in full force and
chapter, and includes: effect as part of this municipal code. (Ord. 94-19)
(a) The owner of the property, or the 12.02.060 Charges,Rates And Fees;
owner's manager or agent or other person in Associated Penalties.
12-02-1 SE Update: 12101
ATTACHMENT A
TIGARD MUNICIPAL CODE
proceed to remedy the infraction as provided in
Clean Water Services Unified Sewer-age Age,,,... Section 1.16.340 of this code. (Ord. 94-19)
Resolution and Order No. 93-33 as amended is
adopted by reference and shall be in full force and 12.02.100 Penalty.
effect as part of this municipal code. (Ord. 94-19)
(a) Each day that violation of this Chapter is
12.02.070 Pretreatment By Industrial committed or is permitted to continue shall
Users. constitute a separate violation.
Clean Water Services Unified Sewer-age ^ge-nGy (b) A finding of a violation of this Chapter
Resolution and Order No. 92-60 as amended is and imposition of a fine pursuant to this code shall
adopted by reference and shall be in full force and not relieve the responsible party of the duty to
effect as part of this municipal code. (Ord. 94-19) abate the violation. A civil fine imposed pursuant
to this Section is in addition to and not in lieu of
12.02.080 Temporary Adoption Of of any other remedies available to the City.
Clean Water Services Unified
Sewer-age Ageney Ordinances, (c) If a provision of this Chapter is violated
Resolutions And Orders. by a firm or corporation,the officer or officers, or
person or persons responsible for the violation
The City Manager Administfate , without prior shall be subject to the penalties imposed by this
Council approval, may adopt and enforce Section.
amendments and revisions to any Ordinances
and/or Resolutions and Orders promulgated by the (d) A finding of a violation of this Chapter
r Tnifiea co...o ^ge44G., Clean Water Services shall not result in imprisonment, nor shall a jury
to be in effect for a period of no longer than trial be available in the adjudication of an
ninety days from the date of adoption by the allegation of such violation.
Manager AdminisU-7ato . In order for such
Ordinances and/or Resolutions and Orders to (e) A finding of a violation of this Chapter
remain in effect permanently, the City Council shall be a civil infraction pursuant to Tigaid
must adopt them prior to the expiration date of the Municipal Code Section 1.16 and may be
temporary adoption by the Manager prosecuted in the Municipal Court of the City.
Admifiis4atof. (Ord. 94-19) (Ord. 94-19) ■
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 parry refuses or
is unable to remedy the infraction, the City may
12-02-2 SE Update: 12101