Ordinance No. 07-01 CITY OF TIGARD,OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 07-O
AN ORDINANCE AMENDING THE TIGARD MUNICEPAL CODE, CHAPTER 11.04.170,
REGARDING SOLID WASTE MANAGEMENT ENFORCEMENT
WHEREAS, the City of Tigard has two franchised solid waste haulers who have exclusive rights to provide
garbage service in specific areas of the City;and
W1-1EREAS, non-franchised haulers have been violating these franchises by providing garbage service within
the boundaries of the franchisees; and
WI-IEREAS, giving franchisees the authority to take legal action against non-franchised haulers who operate
within their boundaries is an effective means to address franchise violations.
NOW,TI=FORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 11.04.170 of the Tigard Municipal Code is amended as shown on Attachment 1 of
this ordinance.
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 U 11 L^ 1'x' m mU S vote of all Council members present after being read by
number and title only,this j3�-`' day of `M&l Lk, — , 2007.
erine Wheatley,City Recorder
APPROVED: By Tigard City Council this � � day of ,2007.
c a
Craig D' en,Mayor
Ap roved as to form:
City Attorney
Date
ORDINANCE No.07-
Page 1
Note: Attachment 1
Strikethrough text is deleted,
bold, underlined text is added.
TIGARD MUNICIPAL CODE
this chapter. The rules and regulations shall be 2. A franchisee shall have a cause of
printed or typewritten, and be maintained for action in Washington County Circuit Court
inspection in the office of the City Recorder. All against any person providing service in the
proposed rules and regulations promulgated under Tigard city limits without having a franchise in
the authority of this section, and all amendments violation of Section 11.04.040. The cause of
thereto, shall be immediately forwarded to the action includes . any appropriate relief,
franchisee operating under this chapter for including injunctive relief.
response. The franchisee shall have thirty days to
respond in writing to such proposed rules and a. Notice to City Manager. Before a
regulations. If the franchisee has objections or franchisee may commence a civil action, the
revisions to the proposed rules, the franchisee franchisee must provide thirty days written
shall meet and confer with the City Manager notice to the City Manager. The City Manager
regarding the franchisees concerns. If the may elect either to enforce the provisions of
concerns are not resolved through consultation this chapter in accordance with 11.04.170, or
with the City Manager, then the City Manager allow the franchisee to commence a civil action
shall forward the proposed rule, with the in Washington County Circuit Court against
franchisees comments, to the City Council for its the person in violation of Section 11.04.040. If
consideration. The franchisee may request that the City Manager fails to respond to the notice,
the City Council hold a public hearing on a the franchisee may proceed with the civil
proposed rule. The Council may approve the action. A franchisee may not commence a civil
proposed rule as submitted, modify the rule, or action if the City Manager is pursuing
reject the rule. The City Manager shall enact all enforcement actions.
rules by written order. (Ord. 03-08, Ord. 91-36 §1
Exh.A(part), 1991: Ord. 78-64 §14, 1978). b. Damages. Anyep rson providing
service in the Tigard city limits without having
11.04.170 Enforcement 9ffleers. a franchise pursuant to Section 11.04.040 will
be subject to the following damages: lost
1. The City Manager shall enforce the customer revenue to be paid to the franchisee;
provisions of this chapter, and the City's agents, unpaid franchise fees owed to the city pursuant
including police officers and other employees so to Section 11.04.060, which shall be paid to the
designated, may enter affected premises at CLq of Tigard; liquidated damages in the
reasonable times for the purpose of determining amount of$500 for each violation to beap is to
compliance with the provisions and terms of this the City of Tigard in lieu of imposition of the
chapter. However, no premises shall be entered civil penalty , and any other legal remedies
without first attempting to obtain the consent of available. The court shall award reasonable
the owner or person in control of the premises if attorney fees to the prevailing par .
other than the owner. If consent cannot be
obtained, the City representative shall secure a c. Violations. For purposes of
search warrant from the City's Municipal Court liquidated damages in subsection b, each
before further attempts to gain entry, and the City incident of service provided without a franchise
shall have recourse to every other remedy shall be a separate violation. Incident of
provided by law to secure entry. (Ord. 03-08, Ord. service means each and every individual act of
91-36 §1 Exh. A(part), 1991: Ord. 78-64 §13, service, as defined by 11.04.030(13), performed
1978). by the violator. For example,providing service
without a franchise by hauling a drop box for a
11-04-1 Code Update: 12103
TIGARD MUNICIPAL CODE
person on six occasions is six violations.
d. Indemnity. The City of Tigard
shall have no liability for the franchisee's
attorney fees and costs incurred for electing to
pursue enforcement under these provisions.
Any franchisee who elects to act under this
provision shall indemnify the City of Tigard in
the event of any claims filed against the city
arising out of the franchisee's enforcement
actions brought under the provisions of this
chapter.
11.04.180 Penalty.
Violation by any person of the provisions of
this chapter, rules adopted pursuant to Section
11.04.160, or of a permit issued pursuant to
Section 11.04.105, shall be deemed a Class 1 civil
infraction and shall be punishable according to the
provisions set forth in Chapter 1.16 of this code.
(Ord. 91-36 §l Exh. A(part), 1991: Ord. 78-64
§19, 1978).M
11-04-2 Code Update: 12103