Ordinance No. 99-01 CITY OF TIGARD
ORDINANCE NO. 99-
AN ORDINANCE OF THE CITY OF TIGARD TO AMEND MUNICIPAL CODE SECTIONS
1.16.220(a), 1.16.340,2.16.050, 1.16.305,AND 7.40.210(a).
sa ce_�Private property,the City of Tigard must'udiaace
I WHEREAS,in taking action to abate nuisance.,,.p...»._property,_ ,, -
the public interest in the public health, safety and welfare with private property rights;and
'WBE1tEAS,The City of Tigard wishes to ensure that the proper balance between public and private
interests are maintained in each situation involving an abatement by the City on private property so
that the public interest is served without violation of private property rights; and
WHEREAS, greater assurance of a proper balance between public and private interests may be
provided by the following amendments to the Municipal Code;now,therefore;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Tigard Municipal Code Section 1.16.220(a)is amended to read as follows:
(a) The uniform infraction summons and complaint shall consist
of at least two pages. Additional pages may be inserted for
administrative purposes. The required pages are:
(1) The summons;and
(2) The complaint.
Section 2: Tigard Municipal Code Section 1.16.305 is amended to read as follows:
Civil penalty--Abatement requirements
Upon a finding that the infraction was committed by the respondent and has not been
abated or terminated, the hearings officer shall require the respondent to abato the
ordinance infraction within a specified time period identified in the final order. The
final written order shall also include notice that if the violation is not abated by the
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respondent in the specified time,the city may abate the violation and charge the costs
of abatement to respondent.
Section 3: Tigard Municipal Code Section 1.16.340 is amended to read as follows:
Remedial action by City s Costs
(a)Upon a finding that an infraction was committed,as determined by a final decision of the
leer.gs:,:fico, ine oily may, ates Gbtaiiung a warrant to enter the property and abate the
infraction, L&I the ii aainn and charge the remedial costs back to the respondent. For
the purposes of this subsection"a final decision of the hearings of ce" means a final decision
for which judicial review was not sought within the time allowed by law or a decision of the
hearings officer that was upheld by a final decision in the judicial review and appeal process.
(b)In the case of an immediate danger to the public health,safety or welfare declared under
Section 1.16.150 of this code, the city may remedy the infraction and charge the remedial
costs back to the respondent, after obtaining a warrant to enter the property and abate the
infraction,. IftheIrnmediate danger constitutes an emergency threatening immediate death
or physical injury to persons,the city may abate the infraction without obtaining a warrant if
the delay associated with obtaining the warrant would result in increased risk of death or
injury, and may charge the remedial costs back to the respondent.
(c) The code enforcement officer shall have the right at reasonable times to enter into or
upon property in accordance with law to investigate or to remedy infractions. This
provision does not authorize a warrantless entry when a warrant is required by state or federal
law.
(d) The finance officer shall keep an accurate record of the cost incurred by the city in
remedying the infraction. The finance officer shall notify the respondent by certified mail,
return receipt requested, of these costs, and advise the respondent that the costs will be
assessed to and become alien against the respondent's property if not paid within thirty days
of the notice, and shall further notify the respondent that the respondent is entitled to a
hearing to contest the amount of the costs to be assessed.
(e) The respondent shall be entitled to request that the code enforcement officer schedule
a hearing to consider the amount of the costs assessed to remedy the alleged infraction. That
-hearing-shall be conducted pursuant to the procedures established in Sections 1.16.250
l - through 1.16.330 of this chapter.
(Arr*he remedial costs are not paid,the finance officer shall follow the procedures for lien
filing and docketing as contained in Section 1.16.370 of this chapter.
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® Section 4: Tigard Municipal Code Section 2.16.050 is amended to read as follows:
Powers of municipal judge
The municipal judge when acting as sucli, and the pro tempore judge designated to
act as such when so acting, shall perform all the duties and have all tho inherent and
statutory powers of a justice of the peace within the jurisdictional limits of the office
of municipal judge and shall have the power to issue search warrants and warrants to
enter property and abate civil infractions.
Section 5: Tigard Municipal Code Section 2.16 is amended to add a new Section 2.16.070 to
read as follows:
Warrants
A warrant may be issued if the municipal judge is satisfied that there are facts and
circumstances tending to show that the objects of the requested search are in the
places identified in the request,or,in the case of a warrant to enter property and abate
a civil infraction,that the infraction exists. Request for warrants should normally be
supported by affidavits, however, when circumstances make it impractical for the
warrant to be obtained in person it may be granted by telephone based onoral
statements made under oath. The oral statement shall be recorded and transmitted
and retained as a part of the record of the proceeding.
Section 6: Tigard Municipal Code Section 7.40.210(a)is amended to read as follows:
Penalty for chapter violations_
(a) A violation of this chapter shall constitute a Class 1 civil infraction, which shall be
processed according to the procedures established in the civil infractions c,dinance,set out
at Chapter 1.16 of this code.
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Section 7: This ordinance shall become effective 30 days after its enactment.
PASSED: By A I'l C(V11 m U— _vote�f all Council members present after being
read by number and title only,this C1 – day of � .rU�� 1999.
Catherine Wheatley, City Recorder
1999.
APPROVED: By Tigard City Council this "G ' da of
e
ic
I oli,Mayor
Approved as to form: C��--- -
City Attorney
Date
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Alk
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