Ordinance No. 94-19 r
TIGARD, OREGON
ORDINANCE N0. 94-�
A GENERAL ORDINANCE OF THE CITY OF TIGARD AMENDING TITLE 12 OF THE
TIGARD MUNICIPAL CODE BY ADOPTING CURRENT RULES AND REGULATIONS OF
THE UNIFIED SEWERAGE AGENCY.
"WHEREAS, the City of Tigard City Council has adopted the rules and
regulations of the Unified Sewerage Agency; and,
WHEREAS, the City of Tigard City Council has determined that these
rules must be updated to reflect current changes; now, therefore;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Sections 12.04 and 12.05 of the Tigard Municipal
Code are hereby repealed.
Section 2: Classification. The City of Tigard City Council
determines that the charges imposed by this chapter
are not taxes subject to the property tax
limitations of Article XI, Section 11 (b) of the
Oregon Constitution.
AML Section 3: Section 12.02 is added to Title 12 of the Tigard
Municipal Code to read as follows:
12.02.010 Title. This chapter shall be known as
the "sanitary sewer and surface water management
chapter" and may also be referred to as "this
chapter."
12`.02.020 Definitions. As used in this chapter:
"Responsible party" means the ;person responsible
fcr curing or remedying a violation of this
chapter, and includes:
a) 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;
b) The person occupying the property,
including lessee, tenant or other person
having possession;
c) 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.
12.02.030 Purpose. This chapter adopts the
qP ordinance and ruler of the Unified Sewerage Agency
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that pertain to the operation and use of sanitary
and surface water systems and to systems
development charges. This chapter does .not
regulate the collection of user fees.
12.02.040 Unified Sewerage Agency of Washington
County Rules Adopted. Uri�fied Sewerage Agency of
Washington County Resolution ar.d Orders No. 91-47
(excluding Chapter 2) , Construction Standards and
Regulations pertaining to the sanitary sewerage aad
storm and surface water management systems are
adopted and shall be in full force and effect as
part of this code.
12.02.050 Use and operation; charges imposed for
use; appeal procedures and enforcement. Unified
Sewerage Agency Ordinance Nos. 26 through 28 are
adopted by reference and shall be in full force and
effect as part of this municipal code.
1.2.02.060 Charges, rates and :fees; associated
penalties. Unified Sewerage Agency Resolution and
Order No. 93-33 is adopted by reference and shall
be in full force and effect as part of this
municipal code.
12. 72.070 Pretreatment by industrial users.
Unified Sewerage Agency Resolution and Order No.
92-60 is adopted by reference and shall be in full
force and affect as part of this municipal code
12.02.080 TemDorary Adoption of Unified Sewerage
Agency Ordinances, Resolutions and Orders. The
City Administrator, without prior Council approval,
may adopt and enforce amendments and revisions to
any Ordinances and/or Resolutions and Orders
promulgated by the Unified Sewerage Agency to be in
effect for a period of no longer than ninety days
from the date of adoption by the administrator. In
order for such Ordinances and/or Resolutions and
Orders to remain in effect permanently, the City
Council must adopt them prior to, the Expiration
date of the temporary adoption by the
administrator.
12.02 090 .immediate remedial action, required. 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
cods 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
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city may proceed to remedy the infraction as
provided in Section 1.16.340 of this code.
12.02.100 Penalty.
(a) Each day that violation of this Chapter
is committed or is permitted to continue shall
constitute a separate violation.
(b) A finding of a violation of this Chapter
and imposition of a fine pursuant to this code
shall not relieve the responsible party of the duty
to abate the violation. A civil fine imposed
pursuant to this Section is in addition to and not
in lieu of any other remedies available to the
City.
(c) 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.
(d) A finding of a violation of this Chapter
shall not result in imprisonment, nor shall a jury
trial be available in the adjudication of an
allegation of such violation.
(e) A finding of a violation of this Chapter
shall be a civil infraction _pursuant to Tigard
Municipal Code Section 1.16 and may be prosecuted
in the municipal court of the City.
PASSED: By Unanir'Y)W5 vote of all members present after
being reld by nunber and title only, this
day of %-r ,sT , 1994.
bathy Wheatle , City Recor r
APPROVED: This � da �f , 1994.
Jo Schwartz, Mayor
Approved as to form:
Z2L-/,, 2
City Attorney" �
r'/q/� �.
Date
yoe�cxblu�w'�ml.taxl
ORDINANCE NO. 94-
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