Ordinance No. 96-16 Is 15
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CITY OF TIGARD.OREGON
ORDINANCEiiV.
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'NDING TITLE I OF THE TIGARD MUNICIPAL CODE BY
AN ORDINANCE AME
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4�W ADDING CHAPTER 1.17,APPEALS TO C1-V-1L INFRACTIONS BEARINGS OFFICER.
IT' RE
WBF.REAS,there needs to be a convenient and practical method to provide for the appeal of
exclusions from the Tigard Public Library as is contemplated by the terms of Tigard Municipal Code
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Chapter 7.16 as well as a method to provide for appeals from other City decisions,
WHEREAS,Chapter 1.16 presently provides a quasi-judicial forum for dealing vith civil infractions
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1 of the Tigard Municipal Code and is the forum best suited for such appeals;
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NOW,THEREFORE,the City of Tigard ordains as follows:
Section 1. The Tigard Municipal Code is hereby amended by adding a new Chapta.
Appeals to Civil Infractions Hearings Officer to read as follows:
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Chapter 1.17. Appeals to Civil Infractions Hearings Officer. "N
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1.17.100 Definitions. For purposes of this Chapter:
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(A) "City departmenf'means and includes any Bureau,Division,Board,
q— Commission,Committee,agent,officer,or employee of the City of Tigard.
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"Decision!'or"Determination!'means and includes any decision,
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determination,order or other action of any City department.
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1.17.110. Jurisdiction of the Civil Iriffaction Hearings Officer.
(A) Whenever,pursuarit to any portion of the Tigard Municipal Code,a person
has the right to appeal to ihe Civil Infizctions Hearings Officer from any
decision or determination of a City Department,such appeal shall be in
accordance with the procedures and under the conditions set forth in this
Chapter.
(B) No person shall have a right of appeal to the Civil Inf
ractions Hearings R
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Officer unless the right of appeal is expressly provided for in this Code.
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1,3.t 1.17.120 Initiation of Appeal.
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M.,. t f (A) Unless otherwise specified in this Code,a request for an appeal shall be �'
filed within five(5)days,excluding holidays and weekends,after the date x s ,
of the date of the decision appealed from. _
r k (B) Except when the Code provides differently,the Notice of Appeal shall be "' {
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either a copy or a complete and full description of the
decision or determination appealed from; gr
2. A statement of the grounds upon which it is contended the decision r
or determination is invalid,unauthorized or otherwise improper; ;..
3. The name of the person appealing the decision or determination
along with their address and a telephone number;
4. Such other information that is deemed appropriate by rule of the
Code Infractions Hearings Officer or as may otherwise be specified
elsewhere in this Code.
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z ^ 1.17.130 Hearings and Hearings Procedures.
(A) Upon receipt of a Notice of Appeal,the Civil Infractions Hearings Officer y.
shall schedule and hold an appeal hearing within thirty(30)days of the
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receipt of the Notice. Notice of the time,date and place of the hearing on "$
> the appeal shall be sent by first class mail to the address provided on the
Notice of Appeal. The time for the Hearing may be extended by motion of tr
the Appellant or the City or in the sound discretion of the Civil Infractions
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Officer.
(B) Hearings shall be conducted in accordance with the procedures set forth in
t Sections 1.16.250 to 1.16.300;1.16.320 and 1.16.330 of this Code. '
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E (C) With the written consent of the Appellant and the City,the Civil
Infractions Hearings Officer may determine the matter without a hearing
and solely upon the record before him or her.
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(D) The Civil Infractions Officer may sustain,modify,reverse,or annul the 4
� * decision or determination appealed from. The Civil Infractions Hearings t
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'M, Officer may also remand the decision or determination back to the City
% i department for such reconsideration or further action as the Civil
Infractions Hearings Officer deems necessary.
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T 1.17.140 Nature of the Decision.
s The determination of the Civil Infractions Hearings Officer is a quasi-judicial
E decision and is not appealable to the City Council;any appeal from the decision of s
� i the Civil Infractions Hearings Officer shall be by writ of review to the Circuit
Court of Washington County,Oregon as provided for in ORS 34.010 to ORS
r 34.100.
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" PASSED: By _ vote of all_rlPmbetS present after being read by number and title only,this;
day of u 1996.
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ik "Catherine Wheatley,City Rec rd
�' rz APPROVED: This iyot„/—(Z-1.i( �1996.
r „ lcoli,Mayor 4
Approved as to form:
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U1ty a omey
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Date
pce\acmV90024vcivilinEorl(4/11/96) r
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Ordinance No.
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