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Ordinance No. 89-21 i CITY OF TIGARD, OREGON ORDINANCE NO. 89- a I AN ORDIXMCE A2 EMM E'ER 1.16, CIVIL 1NMCTIONS, OF THE TIGARD MJNICIPAL CODE FUFaUM DEFINING THE W. ARUr, PROCLERS XR) ABATE14M REQUnL94WS, AND yDalgG AN EFFEcrIVE DATE. WHEREAS, in order to pra',.ect the public health, safety, and welfare there must be a process for enforcing the provisions of the Tigard Municipal Code; and VIAS, the City Council has established a franwdork for the enforcement of certain sections of the Tigard Municipal Code through civil Pc S; and WHEREAS, this ordinance will clarify methods of service and allow proper action for non-ccnPliance with the code; and WHEREAS, this ordinance is designed to enable the civil infractions hearings officer to require abatement of ordinance infractions and impose penalties for t non-cmpliance with an order. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 1.16.230 of the Tigard deletedCise shownshall be in [ mended L`I'Sas set forth below. Ianguag to be Language to be added is IJND . (a) Service of the uniform infraction summons and Taint may be made by personal service on the respondent or an agent of the r� ndent authorized to receis�c�process• by substitute service at {_ the res _I ndent's dwell' or office: or by registered mail, return receipt requested, to the respondent at his last known address. In the event of substitute service at the respondent's dwelliM., the -son served must. be at least 14 veers of age and residing in the reg' ndentIs Mace of abode Service at the resoorrlent's office. must be made during regular busy ness hours to the person who is aarently in c harae If substitute sprva ce is used, a tr ue cow of the sumzons and ggWlaznt together wyth a statement of the date tune and lace at rvrxirh service was made must be mailed to the resoor�lent at the respondent's last known address. Service will be considered cxmg�lete coon such a_mailing_ Service by any other method reasonably calculated, under all the circumtstannces, to apprise the respondent of the existence and pendency of the infraction and to afford a reasonable o¢POrh tY to respond shall be acceptable." ea(b) Service on particular respondents,ndents, such as minors, incaPaki - citated persons, corporations, limited parbierships, the State of Oregon, other Public bodies and general partnerships shall be as prescribed for the service of a civil summons and complaint by the Oregon Rules of Civil Pro are." ORDINANCE No. 89-c�1 Page 1 "(c) No default shall be entered against any respondent withait proof that the respondent had [actual] notice of the uniform infraction sums and coup]aint. A sworn affidavit of she code enforcement officer [that the respondent had actual notice] outl' '= the method of service inelurdim 'rhe date time. and 21aee of p@pp;x shall create a rebutt 4ble presumption that the respondent had such notice." (Ord. 86-20 §1 (Mbit A(5) (D) (3), 1986). SECTION 2: Section 1.16.300 of the Tigard Municipal Code shall be amended as set forth below. Language to be deleted is shown in [BRACKETS]. Language to be added is UNDERLTNM. 'Hearing-Decision by hearings officer. The hearings officer shall determine if the respondent carmitte d the infraction as alleged in the complaint. When the infraction has not been proven, a written [an] order dismissing the conplaint shall b-- entered in the records of the hearings officer. [A copy of the order shall be delivered, personally or by mail, to the respondent.] When the hearings officer finds that the infraction was camnitted, [and upon written request by a party to the hearing,] a written order shall [include a brief statement of the necessary findings of fact to establish the] be Prepared which sets out sufficient information to substantiate the cmmission of the infraction. Written orders shall be greDared within 10 days of the oral decisic;n. A copy of thLe order shall be delivered. finally or by mail. to the resgorxiert, the nunic" 1 court t1ie code enforrnt office:..Fi SECTION 3: A new section shall be added to the Tigard Municipal Code as set forth below. Language to be added is UNDIIRI.TNED. 11 16 305 Civil Penalty - Abatement Requirements. Upon a findim that the infraction was c= tied by the respondent the hearings officer My rec=e the respondent to abate the ordinance infraction within asoecified time period identified in the final order." SECTION 4: A new section shall be added to the Tigard Municipal Code as set forth belga. Language to be added is UNDERJINM. 111 16.385 Failure to CxRRIP-ly With JudWent Mer Failure to abate an infraction or pay the civil penalty or court costs iM2999 . within the time allcwed for abatermit or Rg10 t, shall constitute a Class 1 Civil Infraction Failure to gggply with a iiadgn�erit order is a continuous infractionand a separate infraction will be deemed to occur each ellen ar day the failure to gxply infraction oontirntes to pKjg pga the time allowed in the judo nt Mer.°d sBMON 5: SEPARATION CLAUSE: Iiany part of this ordinance, for, any reason shall be adjudged invalid by a court of cm1petent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder OWDANCh NO. 89- Page 2 of this ordinance but shall be confined in its opeiu ion to the part of this ordinance directly involved in the controversy in whict judgment is rer4ered. SB=ON 6: This ordinance shall be effective 30 days after its passage by the Co=il, approval by the Mayor. PASSED: By UtIfA rt i nncWS vote of all Council members present after being read by mm►ber and title only, this co N tD day of 1989. t therine t1ey�DepuMly e, APPROVED: This day of - , 198 Mayor .Approved as to form: City Amey -k Date cp/Civil M:\OFFSVCS\ ORDnWCE NO. 89--,=�—/ Page 3