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Ordinance No. 09-14 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09- /1/ Jars AN ORDINANCE AMENDING CHAP iR 15.20 OF THE TIGARD MUNICIPAL CODE;, VTHICH ESTABLISHED A STREET MAINTENANCE FEE TO PROVIDE A FUNDING SOURCE FOR MAINTENANCE OF CITY STREETS. WHEREAS, Ordinance No. 03-10 established a Street Maintenance Fee structure and added Chapter 15.20 to the Tigard Municipal Code;and. WI EREAS, the Street Maintenance Fee structure was developed to fund the Pavement Management Program; and r WHEREAS, the Pavement Management Program has been updated based on the overall condition of the street infrastructure and the°costs needed to implement that plan have been determined,and WHEREAS, maintenance of the street right-cif-way including medians on City streets is an important part of making Tigard an attractive place to conduct business,live,and be"A Place to Call Home";and WHEREAS, there is a_need to add right-of-way maintenance of collector and arterial streets as part of the: scope of the Pavement Management Program as defined in Chapter 15.20,and WHEREAS, the cost of implementing the revised Pavement Management Program has increased significantly since originally implemented;and WHEREAS,the cost and scope of the Pavement Management Program has significantly increased;and. WHERE AS, City Council has defined an annual inflation factor is needed to ensure that the Pavement Management Program funding keeps pace with construction and labor costs and should be incorporated. in Chapter 15.2.0;and WHEREAS, revisions to Chapter 1.5.20 are heeded to reflect the desired changes and to provide a basis for systematic review of the program and fees annually,and reflects changes in designated admini trative officers. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Sections 15.20.020 and 15.20.050 of the Tigard Municipal Code are hereby repealed. SECTION 2 The following provisions are hereby adopted in substitution for the code sections repealed by Section 1 of this Ordinance. Section 15.20.020 Definitions. As used in this ordinance, the following shall mean: (1) Public Works Director. The Public Works Director or the Public Works Director's designee. (2) Developed property or developed use. A parcel or legal portion of real property, on which an improvement exists or has been constructed:. Improvement on developed ORDINANCE No. 09- fLt Page l property includes,but is not limited to buildings,parking lots,landscaping and outside storage. (3) Finance Director. The Finance & Info6 nation ces Director or the-:..mate Dire 's designee. (4) Residential Property. Property that is used ptimarily for personal, domestic accommodation, including singlefamily, multi-family residential property and group homes;but not including hotels and motels. (5) Non-residential Property. Property that is not primarily used for personal, domestic accommodation. Non-residential property includes industrial, commercial, institutional,hotel and motel,and other non-residential uses. (6) Street Functional Classification. Street classifications as described in the Tigard Transportation System flan. a. Arterials are defined as streets having regional level connectivity. These streets link major commercial,residential,industrial and institutional areas. b. Collectors are defined by citywide or district wide connectivity. These streets provide bath access and circulation within and between residential and commercial/industrialcommercial/industrial areas. c. Neighborhood routes are defined as streets that provide connections within the neighborhood and between neighborhoods. These streets provide connectivity to collectors or arterials. d. Local Commercial/Industrial:Streets are these streets within the City that are not designated as arterials, collectors, or neighborhood routes and whose primary function is serving traffic to and from commercial and/or industrial (i.e. non- residential) on- res dent al)uses. e. Local streets are any streets within the City that are not designated as aiterials, collectors, neighborhood routes or identified as Commercial./Industrial streets. These streets have the sole function of providing access to immediately adjacent land. (7) Parking space requirement. The minimum Off-Street parking requirement as required by Community Development Code Chapter 18,765. (8) Pavement .Management Program (PMS') corrective and reg=entattve rr� " tante on Ci of T" d streets ded b the Street IVlaintc n ce Fee S e rohel s to extend the life of the avement s c e b various means such as tom fete removal and re lacement of as_12hal sl se andlor overly ` (9) Occupied unit.Any structure or any portion of any structure occupied for residential, commercial, industrial, or other purposes. For example, in a multi.-family residential { development, each dwelling unit shall be considered a separate occupied unit when ORDINANCE No.09- Page 2 occupied, and each retail outlet in a shopping mall shall be considered a separate occupied unit. An occupied unit may include more than one structure if all structures are part of the same dwelling unit or commercial or industrial operation. For example an industrial site with several structures that form an integrated manufacturing process operated by a single manufacturer constitutes one occupied unit. Property Haat is undeveloped or, if developed, is not in current use is not considered an occupied unit, (10) Responsible party. The person or persons who by occupancy or contractual arrangement are responsible to pay for utility and other services provided to an occupied unit. Unless another party has agreed in writing to pay and a copy of the writing is filed with the City, the person(s) paying the City's water and/or sewer bill for an occupied unit shall be deemed the responsible party as to that occupied unit. For any occupied unit not otherwise required to pay a City utility bill, "responsible party" shall mean the person or persons legally entitled to occupancy of the occupied " unit, unless another responsible party has agreed in writing to pay and a copy of the writing is filed with. the City. Any person who has agreed in writing to pay is considered the responsible person if a copy of the writing is filed with the City,, (11) Street maintenance. Any action to maain.tain City streets, including repair, renewal, resurfacing,replacement and reconstruction. Street Maintenance does not include the construction of new streets or street 'lighting. Street maintenance shall include resurfacing of existing streets, repair or replacement of curb and gutter where they exist, repair or replacement of the entire existing street structural section, repair or replacement of existing street shoulders,pavement markers, striping and other street markings, repair or replacement of existing channelization devices, adjustment of existing utilities to match finish grades,and any other related work within the existing streets. It includes repair or restoration of existing storm drainage systems within existing streets,but does not include installation of new drainage systems. It includes ,tight-of-way maintenance on the City's arterial and collector streets, which covers maintenance and enhancement of planting strips, medians and areas between sidewalks and property lines on these street to prevent the uncontrolled growth of weeds and other undesirable vegetation in these areas. It does not include repair'or replacement of existing sidewalks. Section 15.20.030 A 'strative Officers lies' amecL (1)Except as provided in subsections (2) and(3) of this section,the Public Works Director shall be responsible for the administration of this chapter. The Public Works Director shall be responsible for developing administrative procedures for the chapter, administration of fees, consideration and assent of categories of use, and parking space requirements for the categories of use subject to appeal to the City Council. (2)The Public Works Director shall be responsible for developing and maintaining street maintenance programs for the maintenance of City streets and, subject to City Budget Committee review and City Council approval, allocation and expenditure of budget resources for street system maintenance in accordance with this chapter. x ORDINANCE No.09-1 Page;3 (3)The Finance Director shall be responsible for the collection and calculation of fees and the appeals process under this chapter. Section 15.20.040 Street Maintenance Fees Allocated to the Street Maintenance Fee Fund. (1) All street maintenance fees received shall be deposited to the street maintenance fee fund or other fund dedicated to the operation and maintenance of the City street system.The street maintenance fee fund shall be used for street maintenance. Other revenue sources may also be used for street maintenance. Amounts in the street maintenance fee fund may be invested by the Finance Director in accordance with State law. Earnings from such investments shall be dedicated to the street maintenance fee fund. (2) The street maintenance fee fund shall not be used for other governmental or proprietary purposes of the City, except to pay for an equitable share of the City's overhead costs including accounting, management and other costs related to management and operation of the street maintenance program. Engineering design, construction management, and other related costs, including project advertisements for bid, in the implementation of the street maintenance projects shall also be considered as being used for street maintenance. Section 15.20.050 Determination of Street Maintenance Fee. (1) The Street Maintenance Fee shaH be established based on the following- (a) The City's 5-year maintenance and reconstruction plan for corrective and preventative maintenance of the City's street infrastructure. (b) The average annual cost based on the 5-year maintenance and -reconstruction plan with costs allocated as follows: @Arterial maintenance costs allocated 100%to non-residential uses. (H) Local Commercial/Industrial street maintenance costs allocated 100% to non-residential uses. (iii) Collector maintenance costs allocated 50% to residential uses and 501)/0 to non-residential uses. (iv) Neighborhood routes and local street maintenance costs allocated 100% to residential uses. (c) For residential property,the fee shall be charged on a per unit basis. (d) For non-tesidential property other than gasoline stations, the fee shall be based on the minimum number of parldng spaces required by Chapter 18.765 of the Tigard Community Development Code for each occupied unit, provided however that the maximum number of p spaces for purposes of calculating the Street Maintenance Fee shall be five-aftd-the-nuffinftun-iftunbel! 250. ORDINANCE No. 09-1&1 Page 4 J. In that non-residential property with fewer than 6required spaces shall constitute a tier with a fifty percent reduction. ii.{ In recognition that religious institutions have minimum parking space requirements that are relatively large in comparison to the actual use of those spaces,the fee for teligious institutions shall be based on one-half of the minimum parking space requirements for each religious institution. ( The Street Maintenance Fee for gasoline stations shall be based on the number of fueling positions. (2) The Street Maintenance Fee rates shall be established by Council.resolution. _ ` (3) Beginning January 1, 2410, the fee for the Pavement Management Pro will be phased in over three years. The street surface pgtd2g_gLffit2MEwi1I be phased in evenly,over all three years. The right-of-way portion of-thePMP will be phased in gKmly over the last two years. (4) The Street Maintenance fee will be adjusted according to an annual index that is calculated based on a combination of the following indices: (a)The Oregon Composite Construction Cost index reflecting the cost of materials (weighted 650/6). (b)The U.S. Bureau of Labor Statistics Employment cost Index for Private Industry Workers,by occupational Group and Industry,Construction Group reflecting the cost of Labor(weighted 35%). (c)A floor of 1 0/a and a c ` ' g of 10%has been establishedbased on a composite of both indices listed above. 5; The indices will be applied in the second and third year of the`t1ireeZear phasing and: ev year thereafter. &_The program shall be reviewed annually as part of the City's budget process. {C}(Following each review of the program, the Finance Director shall review the revenue received from the new rates after a full year of collection to determine if the annual revenues meet the annual funding level set from the updated 5-year Street Maintenance Plan. The Finance Director shall report the findings of that review to City Council and may make recommendations on any potential fee increases or decreases based on that review. Any unspent funds will be placed in a reserve fund. Section 15.20.060 DelemiWation of Amour B' and Collection of Fee. (1) The minimum required number of parking spaces or the number of fueling positions for each occupied unit of nonresidential property shall be determined by the Public Works Director. For uses not explicitly listed in the Tigard Development Cade as to requited parking, the Public Works Director shall assign the use to the most similar ORDINANCE No.09-ILI Page 5 category, considering at least the following factors as well as any other relevant infortnationr (a) The size of the site and the building, (b) The number of employees, (c) Other developed sites with similar use. (2) The Public Works Director shall establish the amount of street maintenance fee payable for each unit of nonresidential property and shall inform the Finance Director of the amount. The amount payable shall be re-determined if there is a change in use or development. All redeterminations based on a change in use or development shall be prospective only.The Finance Director shall charge the per-unit ` street maintenance fee to the responsible party for each occupied unit of residential propel,. ( ) The street maintenance fee shall be billed to and collected from the responsible party for each occupied unit. Billings shall be included as part of the bimonthly waterand sewer bill for occupied units utilizing City water and/or sewer, and billed and collected separately for those occupied units not utilizing City water and/or sewer. All such bills shall be tendered bimonthly by the Finance Director and shall became due and payable upon receipt. (4) Collections from utility customers will be applied first to interest and penalties,then proportionately among the various charges for utility services and street maintenance. (5) An account is delinquent if the street maintenance fee is not paid by the due date shown on the utility bill, The City may follow the procedures for collection of delinquent accounts set forth in Section 12.03.030 and/or 12.03.040, including terraination of water and/or sanitary sewer service. Section 15.20.074 Waiver of Fees in Case of Vacancy. (1) When any developed property within the City becomes vacant' as described in Subsection. 3 upon written application and approval by the Finance Director, the street maintenance fee shall thereafter not be billed and shall not be a charge against the property. (2) The Finance Director is authorized to cause an investigation of any property for which an application for detemination of vacancy is submitted to veffy any of the information contained in the application. The Finance Director is further authorized to develop and use a standard foram of application,provided it shall contain a space for verification of the information and the person signing such form affirms under penalty for false sweating the accuracy of the information provided therein. (3) For purposes of this section, a unit of property is vacant when it has been continuously unoccupied and unused for at least thirty (30) days. Fees shall be waived in accordance with this section only while the property remains vacant. Any ORDINANCE No.09- Page 6 occupancy or use of the property terminates the waiver. The City may charge any property with the appropriate street maintenance fee, including charges for prior billing periods,upon determining by whatever means that the property did not qualify for waiver of charges during the relevant time. The decision of the Trance Director under subsection (1)and ( ) shall be final. Section 1.5.20.080 AdministutLive Provisions and Ap eals. (1) The Public Works Director shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this chapter and to determine the appropriate charges thereunder. The responsible party for an occupied unit may request reconsideration of the Public Works Director's determination of the amount of the fee by submission of a written application to the public Warks Director. The application shall be submitted in sufficient detail to enable the Public Works Director to render a decision. M (2) Within 30 days of the submission of a complete application requesting reconsideration of the amount of the street maintenance fee to be charged to an occupied unit, the Public Works Director shall render a decision on the application. The decision shall be written and shall include findings of fact and conclusions for the particular aspects of the decision..., based upon applicable criteria. A copy of the decision shall be mailed to the person submitting the request. The Public Works Director shall maintain a collection of such decisions. Decisions of the Public Works Director,-which affect.tle amount of fee to be charged to a property, shall be forwarded to the Finance Director. Except as provided under subsection (4) of this section; the decision of the Public Works Director is final. (3) The Public Works Director may determine that the land use category is proper and that the fee charged is appropriate. However, if the decision of the Public Works Director results in a change in the category of land use, the Public Works Director shall assign a new use category,determine the appropriate fee for the category,and notify the Finance Director so that the appropriate change may be made in the applicable fee to be charged in the future. No back charges or refunds shall be allowed.. The decisionof the Public Works Director under this subsection(3) only,may be appealed. (4) Council may form a subconarrAttee consisting of two Council members, or appoint a committee of disinterested citizens, hereinafter known as the Appeal Committee, to address any appeals to the Public Works Director's decisions.A responsible party who disputes the determination of the Public Works Director as to use category or number of required parking spaces may .tile a written appeal with the Appeal Committee. All appeals must be submitted within ten (10) days from the date of the Public Works Director's decision, together with a filing fee in an amount set by Council by resolution. The application for appeal shall specify the reasons for the appeal and shall provide sufficient information for the Appeal Committee to render a decision. No other appeals shall be permitted. (5) The Appeal Committee shall schedule a review of each appeal and shall notify the `appellant not less than ten (10) days prior thereto of the date of such review. The Appeal Committee shall conduct a hearing to determine whether there is substantial ORDINANCE,No.09- 9 Page`7 evidence in the record to support the interpretation given by the Public Works Director and may continue the hearing for purposes of gathering additional information bearing on the issue..The Appeal Committee shall render an initial oral decision and shall adopt a final written decision together with appropriate findings in support thereof The decision of the Appeal Committee shall be limited to whether the appellant has been assigned to the appropriate use category, or whether the appropriate minimum parking space requirement or number of fueling positions has been correctly identified. If the Appeal Committee should determine that a different use category should be assigned., or that the minimum parking space requirement should be revised, it shall so order, providedno refund of prior street maintenance fees shall be given. Only where the Committee decision results in a change in use category and/or change in the minimum parking space requirement will the filing fee on the appeal be refunded. The Appeal Committee decision shall be final. ' Section 15.20.090 Admitiktrative Polidgs. (1) The following policies shall apply to the operation and scope of this chapter: (a) Street maintenance fees imposed under this chapter shall apply to all occupied units, occupied units owned and/car occupied by local, state and 'federal governments, as well as property which may be entitled to,exemption from or deferral of ad valorem property taxation. (b) Publicly owned park land, open spaces and,greenways shall not-be subject to the street maintenance fee unless public off-street parking designed to accommodate the use of such areas is provided. (c) Areas used for commercial farming or forestry operations shall be billed according to the use of any structures on the site. Where a site is used exclusively for farming or forestry and not for residential or commercial uses, the site shall not be subject to the street maintenance fee. Where there are different seasonal uses of structures on farm or forest land, the use category shall be determined by examining the use for the longest portion of the year. Where more than one use is made: of a farming or forestry site, then each use shall be examined separately and combination of use categories shall be used to determine the street maintenance fee. (d) Areas encompassing railroad and public tight-of-way shall not be subject to the street maintenance fee. (e) Railroad property containing structures,such as maintenance areas, non-rolling storage areas and areas used for the transfer of rail transported goods to non- rail transport shall be subject to street maintenance fees. (f) For newly developed properties, the: fees imposed under this chapter shall become due and payable from and after the date when the developed property is connected to the public water or sanitary sewer systema ORDINANCE No.09- Page (2) The Public Works Director is authorized and directed to review the operation of this chapter and, where appropriate, recommend changes thereto in the form of administrative policies for adoption of the City Council by resolution. Administrative policies are intended to provide guidance to propertyowners, subject to this chapter, as to its meaning or operation, consistent with policies expressed herein., Policies adapted by the Council shall be given full force and effect, and unless clearly inconsistent with this chapter shall apply uniformly throughout the City. (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. SECTION 3;- All other sections in Chapter 15.20 remain the same. SECTION 4: 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 vote of all Council members present after being read by number and title only, this j& day oft� tom,2009. Carol A. Drager,Deputy City Recorder APPROVED: By Tigard City Council this `day of , Cr ' ry` , irksen,Mayor St' J Approv a ortn.- 'j 7 *.l 1 1 City Attorney Date ORDINANCE No.09- P Page 9