Ordinance No. 91-34 CITY OF TIGARD, OREGON
ORDINANCE NO. 91-- �L4
AN ORDINANCE TO AMEND TITLES 10 AND 12 OF THE TIGARD MUNICIPAL CODE
PERTAINING TO SURFACE WATER MANAGEMENT.
WHEREAS, on August 3, 1989, the Environmental. Quality Commission
promulgated rules fora the
Tualatin
and
citiesn that , within the equires the Unified
Sewerage Agency of to comply with the Tualatin River Basin
including the City of Tigard,
Erosion and Storm Water Control Rules (OAR 340-41-455(3) ) .
he Unified
WHEREAS, on June 25, 1991, a adotedber 22,Sur..face 1Water991, tManagement rulesaas
Agency of Washington County pP
required by the Commission; and
red the City
WHEREAS, the Department of Environmental D cemker luality as 1991, an ordinance
of Tigard to hesubmit
Ageno the Department
f ace Water Management rules.
that adopts the Ag Y
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Title 10 and 12 of the Tigard Municipal Code shall be
amended by the addition of exhibit "A".
afte
SECTION 2: This ordinance shall be effective oval by the s Mayor, and
passage by the Councits
il, PP
- ,, der.
posting by the City Recor
By �� r)�� (rC-)U5 vote of all Council
PASSED: members
present after being read by number 199d only, this
Qday of
Catherine Wheatley, City Recorder
day of � ----r 1991.
APPROVED: This 1
Gera 3 R. Edwards, Mayor
Approved as to form:
r Ci A torney
W ro
Date
dj/G8:ord-titte.12
ORDINANCE No. 91-
Page 1
is
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EXHIBIT "A"
Chapter 12 .04
Sewers and Surface Water Management
Sections:
12.04.010 Title
12.04.020 Definitions
12.04.030 Unified Sewerage Agency of Washington County Rules
Adopted.
12.04.040 Immediate Remedial Action Required
12.04.050 Violation - - Penalty
12 .04.010 Title. This chapter shall be known as the "sewer and
surface water management ordinance" and may also be referred to as
"this chapter. "
12 .04.020 Definitions. As used in this chapter:
(a) "Responsible Party" means the person responsible for
curing or remedying a violation of this chapter, which
include:
(1) The owner of the property, or the owner's manager
or agent or other person in control of the property
on behalf of the owner;
(2) The person occupying the property, including
lessee, tenant or other person having possession;
(3) The person who is alleged to have committed the
acts or omissions, created or allowed the condition
to exist, or placed or transported the eroding
soil.
12 04 030 Unified Sewerage Agency of Washington County Rules
Adotpted. Unified Sewerage Agency of Washington County Resolution
and Orders No. 91-47 (excluding Chapter 2) and No. 91-75 are
adopted and shall be in force and effect as part of this municipal
code. The City Manager, without prior council approval, may adopt
and enforce amendments and revisions to these resolutions and
orders promulgated by the Agency for a single temporary period not
to exceed ninety days.
i
12 .04.040 Immediate remedial action reg_uired, if the code
enforcement officer determines that there has been a violation of
this chapter, or that conditions exist that are likely to result in
a violation, the officer may require immediate remedial action by
the responsible party. If the code enforcement officer is unable
to serve a notice of infraction on the responsible party or, if
after such service the responsible party refuses or is unable to
remedy the infraction, the City may proceed to remedy the
infraction as provided in Section 1 .16.340,
12.04.050 Violation - - Penalty.
(a) Penalty.
(1) Each day that a violation of this chapter is
committed or permitted to continue shall constitute
a separate Class 1 infraction.
(2) A finding of a violation of this chapter and
imposition of a civil penalty pursuant to the civil
infraction ordinance (Chapter 1.16 of the code)
shall not relieve the responsible party of the duty
to abate the violation. A civil penalty imposed
pursuant to this section is in addition to and not
in lieu of any other remedies available to the
city.
(3) If a provision of this chapter is violated by a
firm or corporation, the officer or officers, or
person or persons responsible for the violation
shall be subject to the penalties imposed by this
section.
.,a Chapter 10.32
Miscellaneous Provisions
10.32 .205 Physical Erosion. No person shall drag, drop, track, or
otherwise place or deposit, or permit to be deposited, mud, dirt,
rock or other such debris upon a public street or in to any part of
the public storm and surface water system. Any such deposit of
material shall be immediately removed using hand labor or
mechanical means. No material shall be washed or flushed into any
part of the storm and surface water system and any such action
shall be an additional violation.
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