Ordinance No. 10-08 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 10- 09
AN ORDINANCE UPDA'T`ING TIGARD MUNICIPAL CODE CHAPTER 15.20 STREET
MAINTENANCE FE E
WFJEREAS, the City of Tigard Municipal Code Chapter 15.20, Street Maintenance Fee was last updated
January 2010;and
WHEREAS,Council granted a vacancy waiver to fully vacant buildings;and
WHEREAS,Clarification was needed regarding buildings that are only partially vacant;and
WHEREAS, this Tigard Municipal Code chapter clarifies Street Maintenance Fee vacancy waiver for partially
vacant buildings.
NOW,TIEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific Tigard Municipal Code 15.20 Street Maintenance Fee attached as Exhibit A to
this ordinance is hereby adopted and approved by the City Council.
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 n a n i r n ous vote of all Council members present after being read by number
and title only,this 13th day of 2l�L-,2010.
Ca serine Wheatley,City Recorder
APPROVED: By Tigard City Council this /� day of ,201
�s
Craig 136ksen,Mayor
App ved as to form:
r
City Attorney
Dat
ORDINANCE No. 10-a
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Chapter 15.20 STREET MAINTENANCE (2) Developed property or developed use. A
FEE. parcel or legal portion of real property, on which
an improvement exists or has been constructed.
Sections: Improvement on developed property includes,but
is not limited to buildings, parking lots,
15.20.010 Creation and Purpose. landscaping and outside storage.
15.20.020 Definitions.
15.20.030 Administrative Officers (3) Finance Director. The Finance &
Designated. Information Services Director or designee.
15.20.040 Street Maintenance Fees
Allocated to the Street (4) Residential Property. Property that is
Maintenance Fee Fund. used primarily for personal domestic
15.20.050 Determination of Street accommodation; including single family, multi-
Maintenance Fee. family residential property and group homes, but
15.20.060 Determination of Amount, not including hotels and motels.
Billing and Collection of Fee.
15.20.070 Waiver of Fees in Case of (5) Nonresidential Property. Property that is
Vacancy. not primarily used for personal domestic
15.20.080 Administrative Provisions and accommodation. Nonresidential property includes
Appeals. industrial, commercial, institutional, hotel and
15.20.090 Administrative Policies. motel, and other nonresidential uses.
15.20.100 Penalty.
15.20.110 Severability. (6) Street Functional Classification. Street
classifications as described in the Tigard
15.20.010 Creation and Purpose. Transportation System Plan.
A street maintenance fee is created and a. Arterials are defined as streets
imposed for the purpose of maintenance of City having regional level connectivity. These streets
streets. The street maintenance fee shall be paid link major commercial, residential, industrial and
by the responsible party for each occupied unit of institutional areas.
real property. The purposes of the street
maintenance fee are to charge for the service the b. Collectors are defined by citywide
City provides in maintaining public streets and to or district wide connectivity. These streets provide
ensure that maintenance occurs in a timely both access and circulation within and between
fashion, thereby reducing increased costs that residential and commercial/industrial areas,
result when maintenance is deferred.
c. Neighborhood routes are defined as
15.20.020 Definitions. streets that provide connections within the
neighborhood and between neighborhoods. These
As used in this chapter, the following shall streets provide connectivity to collectors or
mean: arterials.
(1) Public Works Director. The Public d. Local commercial/industrial streets
Works Director or the Public Works Director's are those streets within the City that are not
designee. designated as arterials or collectors and whose
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primary function is serving traffic to and from (10) Responsible Party. The person or
commercial and/or industrial (i.e., nonresidential) persons who by occupancy or contractual
uses. arrangement are responsible to pay for utility and
other services provided to an occupied unit.
e. Local streets are any streets within Unless another party has agreed in writing to pay
the City that are not designated as arterials, and a copy of the writing is filed with the City, the
collectors, neighborhood routes or identified as person(s) paying the City's water and/or sewer
commercial/industrial streets. These streets have bill for an occupied unit shall be deemed the
the sole function of providing access to responsible party as to that occupied unit. For any
immediately adjacent land. occupied unit not otherwise required to pay a City
utility bill, "responsible party" shall mean the
(7) Parking Space Requirement. The person or persons legally entitled to occupancy of
minimum off-street vehicle parking requirement the occupied unit,unless another responsible party
as stated in the Minimum and Maximum Off- has agreed in writing to pay and a copy of the
Street Vehicle and Bicycle Parking Requirements writing is filed with the City. Any person who has
in the Tigard Community Development Code. agreed in writing to pay is considered the
responsible person if a copy of the writing is filed
(8) Pavement Management Program(PMP). with the City.
An annual program of corrective and preventative
maintenance on City of Tigard streets funded by (11) Street Maintenance. Any action to
_the street maintenance fee (SMF). The program maintain City streets, including repair, renewal,
helps to extend the life of the pavement structure resurfacing, replacement and reconstruction.
by various means such as, pavement overlaying, Street maintenance does not include the
slurry sealing, or complete removal and construction of new streets or street Iighting.
replacement of asphalt. Street maintenance shall include resurfacing of
existing streets, repair or replacement of curb and
(9) Occupied Unit. Any structure or any gutter where they exist, repair or replacement of
portion of any structure occupied for residential, the entire existing street structural section, repair
commercial, industrial, or other purposes. For or replacement of existing street shoulders,
example, in a multifamily residential develop- pavement markers, striping and other street
ment, each dwelling unit shall be considered a markings, repair or replacement of existing
separate occupied unit when occupied, and each channelization devices, adjustment of existing
retail outlet in a shopping mall shall be considered utilities to match finish grades, and any other
a separate occupied unit. An occupied unit may related work within the existing streets. It includes
include more than one structure if all structures repair or restoration of existing storm drainage
are part of the same dwelling unit or commercial systems within existing streets, but does not
or industrial operation. For example an industrial include installation of new drainage systems. It
site with several structures that form an integrated includes right-of-way maintenance on the City's
manufacturing process operated by a single arterial and collector streets, which covers
manufacturer constitutes one occupied unit. maintenance and enhancement of planting strips,
Property that is undeveloped or, if developed, is medians and areas between sidewalks and
not in current use is not considered an occupied property lines on these street to prevent the
unit. uncontrolled growth of weeds and other
undesirable vegetation in these areas. It does not
include repair or replacement of existing
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sidewalks. (Ord. 10-01 § 2). to the street maintenance fee fund.
15.20.030 Administrative Officers (2) The street maintenance fee fund shall
Designated. not be used for other governmental or proprietary
purposes of the City, except to pay for an
(1) Except as provided in subsections (2) equitable share of the City's overhead costs
and (3) of this section, the Public Works Director including accounting,management and other costs
shall be responsible for the administration of this related to management and operation of the street
chapter. The Public Works Director shall be maintenance program. Engineering design,
responsible for developing administrative pavement evaluation, construction management,
procedures for the chapter, administration of fees, and other related costs, including project
and for the purposes of establishing the fee for a advertisements for bid, in the implementation of
specific occupied unit, the consideration and the street maintenance projects shall also be
assignment of categories of use,and parking space considered as being used for street maintenance.
requirements subject to appeal in accordance with (Ord. 10-01 § 2).
this chapter.
15.20.050 Determination of Street
(2) The Public Works Director shall be Maintenance Fee.
responsible for developing and maintaining street
maintenance programs for the maintenance of (1) The street maintenance fee shall be
_City streets and, subject to City Budget established based on the following:
Committee review and City Council approval,
allocation and expenditure of budget resources for (a) The City's five-year maintenance
street system maintenance in accordance with this and reconstruction plan for corrective and
chapter. preventative maintenance of the City's street
infrastructure.
(3) The Finance Director shall be
responsible for the collection and calculation of (b) The average annual cost based on
fees and the appeals process under this chapter. the five-year maintenance and reconstruction plan
(Ord. 10-01 § 2). with costs allocated as follows:
15.20.040 Street Maintenance Fees (i) Arterial maintenance costs
Allocated to the Street allocated 62% to nonresidential uses and 38% to
Maintenance Fee bund. residential uses.
(1) All street maintenance fees received (ii) Local commercial/industrial
shall be deposited to the street maintenance fee street maintenance costs allocated 100% to
fund or other fund dedicated to the operation and nonresidential uses.
maintenance of the City street system. The street
maintenance fee fund shall be used for street (iii) Collector maintenance costs
maintenance. Other revenue sources may also be allocated 50% to residential uses and 50% to
used for street maintenance. Amounts in the street nonresidential uses.
maintenance fee fund may be invested by the
Finance Director in accordance with State Iaw. (iv) Neighborhood routes and local
Earnings from such investments shaII be dedicated street maintenance costs allocated 100% to
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residential uses. (4) The street maintenance fee will be
adjusted according to an annual index that is
(c) For residential property, the fee calculated based on a two-year rolling average of
shall be charged on a per unit basis. the combination of the following indices:
(d) For nonresidential property other (a) The Oregon Composite
than gasoline stations, the fee shall be based on Construction Cost index reflecting the cost of
the minimum number of vehicle parking spaces as materials(weighted 65%).
stated in the Minimum and Maximum Off-Street
Vehicle and Bicycle Parking Requirements in the (b) The U.S. Bureau of Labor Statistics
Tigard Community Development Code for each Employment cost Index for Private Industry
occupied unit, provided, however, that the Workers, by Occupational Group and Industry,
maximum number of parking spaces for purposes Construction Group reflecting the cost of Labor
of calculating the street maintenance fee shall be (weighted 35%).
250.
(c) A floor of two percent and a ceiling
i. In that nonresidential property of seven percent has been established based on a
with fewer than six required spaces shall composite of both indices listed above.
constitute a tier with a 50% reduction of the total
fee amount. (5) The indices will be applied in the second
and third period of the three-part phasing and
ii. In recognition that religious every year thereafter.
institutions have minimum parking space
requirements that are relatively Iarge in (6) The program shall be reviewed annually
comparison to the actual use of those spaces, the as part of the City's budget process.
total fee for each religious institution shall be
reduced by 50%. (7) Following each review of the program,
the Finance Director shall review the revenue
(e) The street maintenance fee for received from the new rates after a full year of
gasoline stations shall be based on the number of collection to detennine if the annual revenues
fueling positions. meet the annual funding level set from the
updated five-year street maintenance plan. The
(2) The street maintenance fee rates shall Finance Director shall report the findings of that
be established by Council resolution. review to City Council and may make
recommendations on any potential fee increases or
(3) Beginning July 1, 2010, the fee for the decreases based on that review. Any unspent
Pavement Management Program will be funds will be placed in a reserve fund. (Ord. 10-01
implemented in three phases. The second phase § 2).
will be effective on April 1, 2011 and the third
will be effective on January 1, 2012. Tile street 15.20.060 Determination of Amount,
surface portion of the PMP will be phased in Billing and Collection of Fee.
evenly over all three phases. The right-of-way
portion of the PMP will be phased in evenly to (1) For the purpose of establishing the fee,
residential customers over the last two phases. the minimum required number of parking spaces
or the number of fueling positions for each
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occupied unit of nonresidential property shall be (5) An account is delinquent if the street
determined by the Public Works Director. For maintenance fee is not paid by the due date shown
uses not explicitly listed in the Tigard on the utility bill. The City may follow the
Development Code as to required parking, the procedures for collection of delinquent accounts
Public Works Director shall assign the use to the set forth in Sections 12.03.030 and/or 12.03.040,
similar category with the most similar impact on including termination of water and/or sanitary
the transportation system, considering relevant sewer service. (Ord. 10-0I § 2).
information such as:
15.20.070 Waiver of Tees in Case
(a) The size of the site and the of Vacancy.
building;
(1) When any developed property within the
(b) The number of employees; City becomes vacant as described in subsections
(6) of this section, upon written application and
(c) Other developed sites with similar approval by the Finance Director, the street
use. maintenance fee shall thereafter not be billed and
shall not be a charge against the property until
(2) The Public Works Director shall such time as the property is no longer vacant.
establish the amount of street maintenance fee
payable for each unit of nonresidential property (2) The Finance Director is authorized to
_and shall inform the Finance Director of the cause an investigation of any property for which
amount. The amount payable shall be re- an application for determination of vacancy is
determined if there is a change in use or submitted to verify any of the information
development. All redeterminations based on a contained in the application. The Finance Director
change in use or development shall be prospective is further authorized to develop and use a standard
only. The Finance Director shall charge the per- form of application, provided it shall contain a
unit street maintenance fee to the responsible space for verification of the information and the
party for each occupied unit of residential person signing such form affirms under penalty
property. for false swearing the accuracy of the information
provided therein.
(3) The street maintenance fee shall be
billed to and collected from the responsible party (3) When any developed property within the City
for each occupied unit. Billings shall be included has the utilities shut-off due to vacancy, the street
as part of the water and sewer bill for occupied maintenance fee shall be waived for the duration
units utilizing City water and/or sewer, and billed of the vacancy as described in subsection (6) of
and collected separately for those occupied units this section.
not utilizing City water and/or sewer. All such
bills shall be rendered regularly by the Finance (4) When any multi-occupied developed property
Director and shall become due and payable upon within the City has one or more vacancies as
receipt. described in subsection (6) of this section, the
responsible party may request, in writing, a
(4) Collections from utility customers will waiver of a portion of the street maintenance fee
be applied first to interest and penalties, then applicable to the vacant units.
proportionately among the various charges for
utility services and street maintenance. (5) When a change of use occurs, a vacancy has
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been filled, or a property is developed, it is the Public Works Director to render a decision.
responsible party's responsibility to inform the
City of any change so the proper street (2) Within 30 days of the submission of a
maintenance fees may be assessed. If the complete application requesting reconsideration of
responsible party does not inform the City of any the amount of the street maintenance fee to be
change, the City shall cancel the vacancy waiver charged to an occupied unit, the Public Works
and charge the responsible party as per subsection Director shall render a decision on the application.
(6) of this section. The decision shall be written and shall include
findings of fact and conclusions for the particular
(6) For purposes of this section, a unit of aspects of the decision, based upon applicable
property is vacant when it has been continuously criteria, which may include a land use decision
unoccupied and unused for at least 30 days. Fees that modifies the minimum required vehicle
shall be waived in accordance with this section parking for an occupied unit. A copy of the
only while the property remains vacant. The decision shall be mailed to the person submitting
waiver duration is for six months. After six the request. The Public Works Director shall
months, the responsible party must re-apply for maintain a collection of such decisions. Decisions
the waiver if the property continues to be of the Public Works Director, which affect the
unoccupied and unused. The responsible party amount of fee to be charged to a property,shall be
has 30 days to re-apply for the vacancy waiver forwarded to the Finance Director. Except as
after the expiration of the six month waiver. Any provided under subsection (4) of this section, the
-occupancy or use of the property terminates the decision of the Public Works Director is final.
waiver. As a penalty for not reporting a change in
property vacancy, the City may charge any (3) For the purpose of reviewing the fee,the
property two times the appropriate street Public Works Director may determine that the
maintenance fee, that would have been due land use category is proper and that the fee
without the vacancy waiver for prior billing charged is appropriate. However, if the decision
periods,upon determining by whatever means that of the Public Works Director results in a change
the property did not qualify for waiver of charges in the category of land use, the Public Works
during the relevant time. The decision of the Director shall, for the purpose of establishing the
Finance Director under subsections (1, 2) and (6) fee, assign a new use category, determine the
of this section shall be final. (Ord. 10-01 § 2). appropriate fee for the category, and notify the
Finance Director so that the appropriate change
15.20.080 Administrative Provisions and may be made in the applicable fee to be charged
Appeals. in the future. No back charges or refunds are
required. The decision of the Public Works
(1) The Public Works Director shall have Director, under this subsection (3) only, may be
the initial authority and responsibility to interpret appealed.
all terms, provisions and requirements of this
chapter and to determine the appropriate charges (4) Council may form a subcommittee
thereunder. The responsible party for an occupied consisting of two Council members, or appoint a
unit may request reconsideration of the Public committee of disinterested citizens, hereinafter
Warks Director's determination of the amount of known as the Appeal Committee, to address any
the fee by submission of a written application to appeals to the Public Works Director's decisions.
the Public Works Director. The application shall A responsible party who disputes the
be submitted in sufficient detail to enable the determination of the Public Works Director as to
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use category or number of required parking spaces operation and scope of this chapter:
may file a written appeal with the Appeal
Committee. All appeals must be submitted within (a) Street maintenance fees imposed
10 days from the date of the Public Works under this chapter shall apply to all occupied
Director's decision,together with a Ming fee in an units, occupied units owned and/or occupied by
amount set by Council by resolution. The local, state and federal governments, as well as
application for appeal shall specify the reasons for property which may be entitled to exemption from
the appeal and shall provide sufficient information or deferral of ad valorem property taxation.
for the Appeal Committee to render a decision.
No other appeals shall be permitted. (b) Publicly owned park land, open
spaces and greenways shall not be subject to the
(5) The Appeal Committee shall schedule a street maintenance fee unless public off-street
review of each appeal and shall notify the parking designed to accommodate the use of such
appellant not less than 10 days prior thereto of the areas is provided.
date of such review. The Appeal Committee shall
conduct a hearing to determine whether there is (c) Areas used for commercial farming
substantial evidence in the record to support the or forestry operations shall be billed according to
interpretation given by the Public Works Director the use of any structures on the site. Where a site
and may continue the hearing for purposes of is used exclusively for farming or forestry and not
gathering additional information bearing on the for residential or commercial uses, the site shall
_issue. The Appeal Committee shall render an not be subject to the street maintenance fee.
initial oral decision and shall adopt a final written Where there are different seasonal uses of
decision together with appropriate findings in structures on farm or forest land, the use category
support thereof. The decision of the Appeal shall be determined by examining the use for the
Committee shall be for the purpose of establishing longest portion of the year. Where more than one
the fee and limited to whether the appellant has use is made of a farming or forestry site,then each
been assigned to the appropriate use category, or use shall be examined separately and combination
whether the appropriate minimum vehicle parking of use categories shall be used to determine the
space requirement or number of fueling positions street maintenance fee.
has been correctly identified. If the Appeal
Committee should determine that for the purpose (d) Areas encompassing railroad and
of establishing the fee, a different use category public right-of-way shall not be subject to the
should be assigned, or that the minimum parking street maintenance fee.
space requirement should be revised, it shall so
order, provided no refund of prior street (e) Railroad property containing
maintenance fees shall be given. Only where the structures, such as maintenance areas, non-rolling
Committee decision results in a change in use storage areas and areas used for the transfer of rail
category and/or change in the minimum parking transported goods to non-rail transport shall be
space requirement will the filing fee on the appeal subject to street maintenance fees.
be refunded. The Appeal Committee decision
shall be final. (Ord. 10-01 § 2). (f) For newly developed properties,
the fees imposed under this chapter shall become
15.20.090 Administrative Policies. due and payable from and after the date when the
developed property is occupied and connected to
(1) The following policies shall apply to the the public water or sanitary sewer system.
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detennines that this chapter imposes a tax or
(2) The Public Works Director is authorized charge, which is therefore unlawful as to certain
and directed to review the operation of this but not all affected properties, then as to those
chapter and, where appropriate, recommend certain properties, an exception or exceptions
changes thereto in the form of administrative from the imposition of the street maintenance fee
policies for adoption of the City Council by shall thereby be created and the remainder of the
resolution. Administrative policies are intended to chapter and the fees imposed thereunder shall
provide guidance to property owners, subject to continue to apply to the remaining properties
this chapter, as to its meaning or operation, without interruption.
consistent with policies expressed herein. Policies
adopted by the Council shall be given full force (2) Nothing contained herein shall be
and effect, and unless clearly inconsistent with construed as limiting the City's authority to levy
this chapter shall apply uniformly throughout the special assessments in connection with public
City. improvements pursuant to applicable law. (Ord.
03-10). ■
(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.
(4) The determination or assignment of a
use category and minimum number of parking
spaces under the provisions of this chapter are
strictly for the purpose of establishing a fee and
are not statutory land use decisions. (Ord. 10-01 §
2).
15.20.100 Penalty.
In addition to any other remedy, violation of
any provision of this chapter shall be a Class A
Civil Infraction. Each day of delinquency in
paying the street maintenance fee constitutes a
separate violation.
15.20.110 Severability.
(1) In the event any section, subsection,
paragraph, sentence or phrase of this chapter or
any administrative policy adopted herein is
detennined by a court of competent jurisdiction to
be invalid or unenforceable, the validity of the
remainder of the chapter shall continue to be
effective. If a court of competent jurisdiction
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i