Ordinance No. 79-97 CITY OF TIGARD, OREGON
ORDINANCE N0. 79-_J71_
AN ORDINANCE AMENDING CHAPTER 18.57 BY ADDING ADDITIONAL ENFORCEMENT
PROVISIONS.
WHEREAS, it appears to the City Council that in order to protect
the community adequately it is necessary that additional enforcement powers
be added to those Municipal Code sections relating to use of the flood
plain,
NOW, THEREFORE, the City Council of Tigard ordains as follows:
Chapter 18.57 of the Tigard Municipal Code is amended by the
addition of the following new section:
18.57.200 Enforcement
1. In addition to any other remedies available to the City to
enforce the provisions of this chapter the City shall have the right to
proceed in the manner set forth in Sections 2 through 5 below with regard
to any violation of Sections 18.57. 010 through 18.57.090.
2. The City shall give notice in writing by certified or
registered mail that it intends to correct the condition resulting from
the observed violation. The notice shall be given to all record owners
of the land upon which the violation has occurred. The notice shall
describe generally the nature of the alleged violation, and shall inform
those to whom the notice is sent of the City' s intent to correct the
condition by restoring the land as nearly as possible to the condition
it was in prior to the violation, and to charge the owner or owners with
the cost of any such action. The notice required by this section shall
be valid and legally effective as to all owners of any one tract when
successfully delivered to any owner.
3. At any time after the passage of 10 days from receipt of
the notice the City may proceed to have performed such work as it finds
necessary to cure the effect of the violation. The City shall keep
account of work and materials used in curing the effect of the violation.
Upon completion of the work the City shall compute the total cost of the
work, including labor and materials, and to this shall be added an amount
equal to 15 percent of the total labor and materials costs, to cover costs
of engineering and other overhead. The amount thus identified shall be
entered on the City's lien docket, and shall immediately become a lien
against the property of the owner or owners, and shall. bear interest at
the rate at which judgments of the Oregon courts bear interest. The
owner or owners shall be notified by certified or registered mail of the
entry of the lien.
i
4. The lien described in Section 3 above shall be foreclosed
in the same manner as that in which the liens arising out of assessments
for local improvement districts are foreclosed.
5. The 10-day-notice provision of Section 3 notwithstanding,
the City may proceed to cure the condition caused by any violation of
this chapter immediately, with or without notice, if the City Council or
the City Administrator finds that the condition presents an immediate
and serious threat to human life or to developments located upon property
other than that upon which the violation has occurred. If work toward
the curing of the condition proceeds under this section, that is, if an
emergency is found to exist, the City may proceed to charge the cost to
the owner or owners, and to place its lien against the property, as
provided by Sections 2 - 4, and the fact that the City did not give
10 d--ys' iivtice shall
_a„
Ya tc; ll I1CJL be a defense against the charge or the lien.
PASSED: By vote of all Council members
present this g-''- day of Aldv4-11979.
RECORDER, CITY OF ARD
SIGNED: By the Mayor, this _ day of 1979.
MAYOR, C TY O MAO
ORDINANCE NO. 79-97