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City Council Packet - 01/24/2012
q TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING January 24 201 COUNCIL MEETING WILL BE TELEVISED (:\Design & Communications \Donna \City Councillccpkt3 Cathy Wheatley 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov N City of Tigard _ Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: January 24, 2012 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign -in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA • VIEW LIVE VIDEO STREAMING ONLINE: http: / /www.tvctv.org/ government - programming /government - meetings /tiga rd CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: January 24, 2012 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION A. City Council 2012 -13 Budget Review B. Council Calendar January 30, 2012 5:30 p.m. - SW Corridor Tigard Connections Team Kickoff Event - Tigard Public Library Community Room 6:30 p.m. - Dinner with Tigard- Tualatin School District Board - Town Hall 7:00 p.m. - Joint Meeting with Tigard- Tualatin School District - Town Hall January 31, 2012 5:30 p.m. (time to be confirmed) - Council training session (not a public meeting) - Red Rock Creek Conference Room (RRCCR) February 14, 2012 6:30 p.m. Study Session; 7:30 p.m. Business Meeting - RRCCR & Town Hall February 21, 6:30 p.m. - Workshop Meeting 2012 February 28, 2012 6:30 p.m. Study Session; 7:30 p.m. Business Meeting - RRCCR & Town Hall (March 6, 2012 16:30 p.m. - City Center Development Agency - Town Hall or RRCCR 'March 13, 2012 (Business Meeting - Canceled • EXECUTIVE SESSION: The Tigard City Council and City Center Development Agency will go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2) (e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM - January 24, 2012 1. BUSINESS MEETING A. Call to Order - Mayor Dirksen (Note: Boyscout Troop 846 plans to attend to watch part of the Council meeting to earn points toward a merit badge.) B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) 7:35 p.m. - time is estimated A. Follow -up to Previous Citizen Communication B. Tigard High School Student Envoy - Courtney Bither C. Tigard Area Chamber of Commerce - Chief Executive Officer Debi Mollahan D. Citizen Communication — Sign Up Sheet 3. INTRODUCTION OF CITY ENGINEER MIKE STONE 7:40 p.m. - time is estimated 4. PROCLAMATION - TIGARD BASKETBALL ASSOCIATION 7:45 p.m. - time is estimated - Mark Padgett advises that he has invited two founders of the organization and two long -time Board presidents of the Tigard Basketball Assn. to attend tonight's meeting for the proclamation agenda item. 5. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 7:50 p.m. - time is estimated A. Approve City Council Meeting Minutes for: I. November 14, 2011 2. November 15, 2011 2. November 22, 2011 3. December 6, 2011 B. Specify City Council Liaison Appointments to City of Tigard and Regional Boards, Commissions, Committees, and Task Forces C. Authorize the City Manager to Execute an Intergovernmental Agreement with Clean Water Services Regarding the Derry Dell Sewer Project D. Adopt a Resolution of Necessity to Acquire Property for the Main Street/Green Street Retrofit Project - Resolution No. 12 -01 RESOLUTION NO. 12 -01 - A RESOLUTION DECLARING THE NEED TO ACQUIRE RIGHTS -OF -WAY AND TEMPORARY CONSTRUCTION EASEMENTS ON PROPERTIES FOR THE PURPOSES OF INSTALLING, REPLACING, AND REPAIRING SIDEWALK AND GREEN STREET IMPROVEMENTS NEEDED TO PROVIDE SAFE TRANSPORTATION ROUTES FOR PEDESTRIANS • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council /City Center Development Agency has voted on those items which do not need discussion. 6. APPROVE THE CITY OF WEST LINN'S MEMBERSHIP IN THE METROPOLITAN AREA COMMUNICATIONS COMMISSION - RESOLUTION NO. 12 -02 7:55 p.m. - time is estimated (There will be a short video from MACC during the presentation to council.) RESOLUTION NO. 12 -02 - A RESOLUTION APPROVING THE ADDITION OF THE CITY OF WEST LINN, OREGON AS A NEW MEMBER OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION 7. CONTINUE TO DISCUSS AMENDMENTS TO TIGARD MUNICIPAL CODE CHAPTER 1.16 AND CONSOLIDATION OF NUISANCE VIOLATIONS INTO A NEW TITLE 6 8:10 p.m. - time is estimated 8. UPDATE ON URBAN FORESTRY CODE REVISIONS PROCESS 8:40 p.m. - time is estimated 9. COUNCIL LIAISON REPORTS 9:10 p.m. - time is estimated 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 12. ADJOURNMENT 9:15 p.m. - time is estimated Skt Olj '' City of Tigard :1111 TIGARD M emorandum CR> To: Mayor and Councilors From: Marty Wine, City Mana e Re: Council Training and Education Session Date: January 24, 2012 I had a phone conversation with Joe Herzberg yesterday afternoon in preparation for the council's training and education session scheduled for next Tuesday evening. One of the major topics council has identified is a discussion of council groundrules. In advance of that discussion Joe invites councilors to review the attached ground rules and get comments to him on which items are most important to discuss. He asks that you provide comments by Monday, January 30 either by email at www.decisions2.com or by phone at 503 249 0000. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 10- (gyp A RESOLUTION AMENDING THE COUNCIL GROUNDRULES, ADDING THE CODE OF CONDUCT, AND SUPERSEDING RESOLUTION NO. 08-45. WHEREAS, the residents and businesses of the City of Tigard are entitled to have fair, ethical and accountable local government; and WHEREAS, the Tigard City Council desires to hold themselves to a high standard of integrity and ethical conduct as elected officials to support the public's confidence in the integrity of their local government's fair and effective operation; and WHEREAS, the Tigard City Council wishes to uniformly use the Council Groundrules, including the code of conduct, in their role as Mayor and Council (see Tigard Municipal Code 2.44.010), Local Contract Review Board (see Tigard Municipal Code 2.46.050) and the City Center Development Agency (see Tigard Municipal Code 2.64.060) and define a censure process for misconduct, nonperformance of duty or failure to comply with the law. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that SECTION 1: The Council Groundrules are hereby amended and include the Code of Conduct for use by the Tigard City Council, the Local Contract Review Board and the City Center Development Agency. SECTION 2: The attached Council Groundrules (Exhibit A) supersede the City Council Groundrules adopted by Resolution No. 08 -45. SECTION 3: This resolution is effective 30 days after its passage by the Council. PASSED: This qayof Mayor - City of Tigard AT IEST: City Recorder - City of Tigard 4 RESOLUTION NO. 10 - ( 0 Page 1 Council Groundrules — Exhibit A to Resolution TIGARD CITY COUNCIL GROUNDRULES ID. C0v The Tigard City Council Groundrules are a compilation of role definitions and meeting process provisions set forth in the City Charter and Tigard Municipal Code as well as general practice and communication principles. The Council Code of Conduct provides the framework to guide Council in their actions as they serve in publicly elected office. City Council is the policy making body for the City of Tigard. The City Council will review the Groundrules annually during a July or August Workshop Meeting. The Groundrules may also be reviewed and revised as needed at any other time in the year when a specific issue or issues are identified requiring action prior to the established review period. The City Charter, Article IV, Section 13, contains regulations that govern Council meetings. Charter provisions may only be changed by a vote of the people. Code provisions may be changed by Council Ordinance. Groundrules may be changed by Council Resolution. CHARTER AND MUNICIPAL CODE PROVISIONS Council /Mayor Roles • The Mayor, or in the absence of the Mayor, the Council President, shall be the Presiding Officer at all meetings. The Presiding Officer shall conduct all meetings, preserve order, enforce the rules of the Council and determine the order and length of discussion on any matter before the Council, subject to these rules. The Presiding Officer may move, second, debate and vote and shall not be deprived of any of the rights and privileges of a Councilor. The Presiding Officer shall sign all ordinances, resolutions, contracts and other documents, except where authority to sign certain contracts and other documents has been delegated to the City Manager and all documents shall be attested to by the City Recorder. The Mayor shall appoint the committees provided by the Rules of Council. • In all other actions, decisions and other matters relating to the conduct of business of the City, the Mayor or President shall have no more or less authority than any other Council member. For the purposes of this written procedure any reference to the Council (unless otherwise specifically noted to the contrary) will include the Mayor, Council President and Council members. Conduct of City Meetings • Council will meet at least once a month. Regularly scheduled meetings shall be on the second, third, and fourth Tuesdays of each month. • The Council meetings on the second and fourth Tuesdays are "Business" meetings; the Council meetings on the third Tuesday of the month are "Workshop" meetings unless otherwise designated by the City Council. Members of the City Council may set other meetings of the full Council such as joint meetings with other agencies or general community meetings. Resolution Exhibit A - Council Groundrules November 2010 1 TIGARD CITY COUNCIL GROUNDRULES • Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m. at the established place of meeting. On the second and fourth Tuesdays, the meetings will begin with a Study Session following by the Business meeting. On the third Tuesday, the Workshop meeting will begin at 6:30 p.m. • Roll Call /Voting Order: The roll shall be called in alphabetical order by last name. At each succeeding meeting at which a roll call vote is taken, the council person who voted last during the previous meeting, shall vote first and the Council person who voted first during the preceding meeting shall vote second and so on in a rotating fashion. It is the intent that the voting order remain fixed for each meeting and that a different Council person shall vote last during each separate meeting for the duration of the meeting. • Charter Section 19 provides that the concurrence of a majority of the members of the Council present and voting, when a quorum of the Council is present, at a Council meeting shall be necessary to decide any question before the Council. A Council member who abstains or passes shall be considered present for determining whether a quorum exists, but shall not be counted as voting. Therefore, abstentions and 'passes' shall not be counted in the total vote and only votes in favor of or against a measure shall be counted in determining whether a measure receives a majority. City Council Compensation Section 2.44.020 of the Tigard Municipal Code provides for compensation for attendance at Council meetings and meetings for an intergovernmental board, committee or agency. The amount of the compensation for Council members may be reviewed and set annually by resolution of the City Council as part of the budget cycle. As part of the annual review, Council may elect to enter into an agreement with the Mayor or one City Councilor to assume additional responsibilities for additional compensation. The additional duties shall relate to representing the city on regional, state or federal issues and committees or task forces. The responsibilities and compensation shall be set by agreement between the Mayor or Councilor and the Council members. GENERAL GROUNDRULE PROVISIONS The next portion of this document is divided into three major sections identifying groundrules for the Meeting Process, Communication and Code of Conduct that: • Establish the meeting process; • Guide individual interaction and communication among Councilors and with the community; • Set out the Code of Conduct providing the framework to guide Council members in their actions and conduct; and Resolution Exhibit A - Council Groundrules November 2010 2 TIGARD CITY COUNCIL GROUNDRULES • Govern proceedings of the City Council, Local Contract Review Board and City Center Development Agency where they do not conflict with statutory provisions. MEETING PROCESS All Council meetings are open to the public with the exception of Executive Sessions, which are called under certain circumstances and topics are limited to those defined in ORS 192.660. o The Chair or other members if the Chair fails to remember may call for a Point of Order at or around 9 p.m. to review remaining agenda items. The Council may reset or reschedule items, which it feels may not be reached prior to the regular time of adjournment. o The Council's goal is to adjourn prior to 9:30 p.m. unless extended by majority consent of Council members present. If not continued by majority consent, the meeting shall be adjourned to the next scheduled meeting or the meeting shall be continued to another regular or special meeting at another date and time. o Regularly scheduled business meetings and workshops are generally televised. Definitions - Meeting Types, Study Sessions and Executive Sessions: BUSINESS MEETINGS o Regular meetings where Council may deliberate toward a final decision on an agenda item including consideration of ordinances, resolutions & conducting public hearings. o Business meetings are generally scheduled to begin at 7:30 p.m. with a study session preceding the Business Meeting at 6:30 p.m. Study Sessions are a workshop -type of meeting (see Study Session definition below). o The "Citizen Communication" portion of the agenda is a regular feature on the Council Business meetings. This item will be placed near the beginning of the Council Agenda to give citizens a chance to introduce a topic to the City Council. Citizen Communications are limited to two minutes in length and must be directed to topics that are not on the Council Agenda for that meeting. o At the conclusion of the Citizen Communication period, either the Mayor, a Council member or staff member will comment what, if any, follow -up action will be taken to respond to each issue. At the beginning of Citizen Communication at the next business meeting, staff will update the Council and community on the review of the issue(s), the action taken to address the issue, and a statement of what additional action is planned. Council may decide to refer an issue to staff and /or schedule the topic for a later Council meeting. Resolution Exhibit A - Council Groundrules November 2010 3 TIGARD CITY COUNCIL GROUNDRULES WORKSHOP MEETINGS o Regular meetings where Council reviews and discusses agenda topics. Council may not make final decisions during the meeting. Public testimony is not scheduled unless the Mayor or Council so choose. o Appropriate topics for Workshop meetings include: -- Introduce a Topic: Staff will bring up new items to determine whether Council wants to entertain further discussion and whether to schedule the topic as an item on a future agenda. -- Educational Meetings: Council will review research information presented by staff, consultants, or task forces - usually as a process check; i.e., is the issue on the right "track "? --- Meet with individuals from City boards and committees or other jurisdictions to discuss items of common interest (examples: Tigard Planning Commission, Lake Oswego City Council, the Tigard - Tualatin School District). — Administrative Updates: Items such as calendar information, scheduling preferences, process checks. STUDY SESSIONS o Study Sessions usually precede or follow a Business Meeting or Workshop Meeting that are open to the public but not regularly televised. o Conducted in a workshop -type setting to provide Council an opportunity to review the Business Meeting Agenda and ask for clarification on issues or processes. Information is also shared on time - sensitive items. o Any Council member may call for a Point of Order to stop the discussion because he or she proposes that it would be more appropriate to discuss the matter during a Council Business Meeting. o If a Point of Order is raised, the City Council will discuss the Point of Order to determine whether the discussion should continue or be held during a Council Business Meeting. The decision on whether to continue the discussion or not shall be determined by the consensus of the Council members present. o If Council discusses a Council Agenda Topic in a Study Session prior to that Council meeting, either the Presiding Officer or City Manager will briefly state at the introduction of the Agenda Topic, the fact that Council discussed the topic in the Study Session and mention the key points of the discussion. Resolution Exhibit A - Council Groundrules November 2010 4 • TIGARD CITY COUNCIL GROUNDRULES EXECUTIVE SESSIONS o Executive Sessions are held by the Council with appropriate staff or advisors in attendance. The purpose is to review certain matters in a setting closed to the public. Executive Sessions may be held during a regular, special or emergency meeting after the Presiding Officer has identified the ORS authorization for holding the Executive Session. Permitted topics are identified in ORS 192.660 and include employment of a public officer, deliberations with the persons designated by the Council to carry on labor negotiations, deliberations with persons designated to negotiate real property transactions, and to consult with legal counsel regarding current litigation or litigation likely to be filed. Council Agendas and Packet Information o The City Manager will schedule agenda items with the objective of maintaining balanced agendas and allowing time to discuss topics within the meeting's time allotment. o The City Manager will schedule items allowing time for staff research and agenda cycle deadlines. o The agenda cycle calls for submittal of items ten days in advance of a Council meeting. With the exception of Executive Sessions, add -on topics and handouts during the meeting are to be minimized. o Councilors will prepare in advance of public meetings by reviewing packet material and requesting further necessary information in advance of the meeting. Staff will prepare in advance of public meetings by presenting issues fully in packets and providing additional information requested by Council. o Council is supportive of the role of staff in offering professional recommendations. Staff is aware of Council's right to make final decisions after considering the staff recommendation, public input, the record and Council deliberation on the matter. o Council members should attempt to give at least 24 hours' notice by advising the City Manager and the City Recorder of a request to remove a Consent Agenda item for separate discussion. The City Recorder shall notify all Councilors of such requests prior to the start of the Business Meeting. Councilors Scheduling Agenda Items o Councilors are encouraged to suggest agenda topics at the bench or to contact the City Manager about scheduling an item on the Tentative Agenda. o Add -on agenda items should be brought up at the start of the meeting and are generally considered only if continuing to a later agenda is not practical. Resolution Exhibit A - Council Groundrules November 2010 5 • TIGARD CITY COUNCIL GROUNDRULES o Requests for legislative action of Council may be initiated by an individual Council member during a Council meeting. The City Manager will respond to the request consistent with resources and priorities, or refer the question of scheduling to Council as a whole. Councilors Use of Electronic Communications Devices During Council Meetings Definitions for this section: Electronic Communications means e-mail, text messages, or other forms of communications transmitted or received by technological means. Electronic Communications Devices means lap -top computers, blackberries, cell - phones, notebooks, or other similar devices capable of transmitting or receiving messages electronically. o Councilors shall not send or receive electronic communications concerning any matter pending before the Council during a Council meeting. o Councilors shall not use electronic communication devices to review or access information regarding matters not in consideration before the Council during a Council meeting. o Councilors shall not access the internet but may access Council packet information concerning any matter pending before the Council during a Council meeting. o Any electronic communications regarding a quasi- judicial matter to be considered by Council is an ex -parte contact and shall be disclosed as required by law. COMMUNICATION General o Recognize that you are seen as a Councilor at all times, no matter how you see yourself at any particular time. Thus, Councilors are always treated by Administration as Council members. o Whenever you put anything in writing, assume that everyone in the city is looking over your shoulder. o Do not respond to communications directed to the full Council. The City Manager or Mayor will respond. o If a communication is directed to an individual Councilor, you may choose to respond as an individual or refer to the City Manager. o Information received by a Council Member that affects the Council should be shared with the whole Council. The City Manager is to decide on "gray areas," but too much information is preferable to too little. Resolution Exhibit A - Council Groundrules November 2010 6 • TIGARD CITY COUNCIL GROUNDRULES o Budget cuts or increases are policy decisions. Budgets will not be cut "piece meal" or "across the board," but rather should be made in service or program areas, giving staff full opportunity to provide data clearly defining the anticipated impact of the action. o It is the policy of the Council that if Councilors are contacted regarding labor relations during labor negotiations or conflict resolution proceedings, then Councilors have no comment. o Councilors and the City Manager agree to report and discuss any contact that might affect labor relations with the entire Council in Executive Session. Communications Between City Councilors, City Manager and Staff o Councilors are encouraged to maintain open communications with the City Manager, both as a group and individually. o Councilors are encouraged to take issues to the City Manager first, giving as much information as possible to ensure a thorough response. o In the absence of the City Manager, Councilors are encouraged to contact the Assistant City Manager. In the absence of both the City Manager and the Assistant City Manager, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City Manager. o City Manager shares information equally with Councilors. o Councilors are encouraged to avoid substantive contact with staff below the Department Head to avoid possible disruption of work, confusion on priorities, and limited scope of responses. In no case, should Councilors direct the work of staff without prior approval of the Department Head or City Manager. o Our goal is mutual confidence and respect with staff. Compliment staff members when they make good presentations. Be friendly. Attend staff occasions when you can. Communications Among Councilors o No surprises. o Be courteous. o Honestly share concerns and opinions with each other. o Don't blurt it out on TV. o If you hold back in a meeting, follow up later with fellow Councilors or the City Manager. Resolution Exhibit A - Council Groundrules November 2010 7 TIGARD CITY COUNCIL GROUNDRULES o Bounce ideas off each other by phone or informal conversation, always mindful not to form a quorum. o Spend some casual time together. Communications with Community /General Public o Councilors and the General Public are reminded of the Agenda cycle and cut -off dates. Administrative staff is available to explain how public issues are addressed and how citizen input may be accomplished. o Communication that represents the City's position on an issue should come through City Hall and be provided by the City Manager. Direct submittals or inquiries to the Council or individual Councilors should be referred to the City Manager, or Councilors may ask the City Manager to look into an issue. o Official press releases are encouraged, both to assure accurate reporting and to advise Council and Staff of the official position communicated to the press. Press releases are issued through the City Manager's Office. Communications with Potential Mayor /Council Candidates o Council members will host an event to share with potential Mayor or City Council candidates what is involved in serving on the City Council. o Council members may support a person running for office but they must declare this as an individual endorsement and not in their official capacity as a Council member. Communication Between Partners and Allies o In general, let the Mayor speak for the City. o Keep long -term relationships in mind. Don't over -focus on the issue at hand. o Take issues to the City Manager first. Council Communication with Other Public Agencies As the Portland metropolitan region continues to grow, it is critical that Tigard be at the "table" with other jurisdictions in the region and clearly represent the City's official position. o Council members will be clear about representing the City or personal interests. If a Council member appears before another governmental agency or organization to give a statement on an issue, the Council member must clearly state whether the statement reflects personal opinion or is the official position of the City. Resolution Exhibit A - Council Groundrules November 2010 8 TIGARD CITY COUNCIL GROUNDRULES o If a Council member is representing the City, that Council member will consistently support and advocate the City's official position on an issue and cannot foster or further a personal viewpoint that is inconsistent with the official City position. o Council members will inform the Council of their involvement in an outside organization if that organization is or they believe may become involved in any issue within the City's jurisdiction. If an individual Council member publicly represents or speaks on behalf of another organization whose position differs from the City's official position on an issue, the Council member must clearly communicate the organization upon whose behalf they are speaking. The Council member must withdraw from voting as a Council member upon any actions that have bearing upon the conflicting issue. o Council members serving on committees or boards as the City representative with outside entities or agencies will communicate with other Council members on issues pertinent to the City. Communication with City Boards, Committees and Commissions The independent advice of City Boards, Committees and Commissions is critical to the public decision - making process. For that reason, Council members will refrain from using their positions to influence unduly the deliberation or outcomes of board proceedings. Members of boards, commissions, and committees are referred to generally as "board" in this section of the Groundrules. o Council members will not contact a board member to lobby on behalf of an individual, business or developer. Council members may contact the board member in order to clarify a position taken by the Board. Council members may respond to inquiries from board members. Communications should be for information only. o Council members may attend any board meeting, which is open to any member of the public. However, Council members should be sensitive to the way their participation could be viewed as unfairly affecting the process. o Board members do not report to individual Council members. Individual councilors have no authority to remove board members. Communication as the Council Liaison with City Boards o Council liaison assignments are determined by consensus of City Council. The goal is to have assignments evenly divided between Council members. Should two or more Council members seek appointment to a position the longest serving Council member will have first choice. Resolution Exhibit A - Council Groundrules November 2010 9 TIGARD CITY COUNCIL GROUNDRULES o Council Liaisons are to periodically attend Board meetings, listen to the Board discussion, set context for the Board regarding Council decisions /goals /policies and City priorities, answer questions and carry concerns and information back to the full Council. o Council Liaisons are not to direct the business or decision- making process of the Board and do not vote of matters before the Board. o Council Liaisons do not initiate, propose or advocate for their personal position on a matter before the Board. o Council Liaisons are to protect the independence of the Boards. o Council Liaisons at times may advocate Council actions on behalf of their assigned Board. Great care must be taken to avoid the appearance of unfairness, conflict of interest or circumstances where such possibilities may exist (e.g., Planning Commission quasi - judicial matters). CODE OF CONDUCT Scope This Code of Conduct is designed to provide a framework to guide Council members in their actions. The Code of Conduct operates as a supplement to the existing statutes governing conduct including the ethics law of the State of Oregon. This Code of Conduct applies to Council members as they also serve as the Local Contract Review Board and the City Center Development Agency. Conduct of Council Members This section describes the manner in which Council members will treat one another, the public, and city staff. Council Conduct with One Another During Meetings o Practice civility, professionalism and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of democratic governance. This does not allow, however, Council members to make belligerent, personal, slanderous, threatening, abusive, or disparaging comments. o Avoid personal comments that are intended to, or could reasonably be construed to, offend other members or citizens. If a Council member is offended by the conduct or remarks of Resolution Exhibit A - Council Groundrules November 2010 10 TIGARD CITY COUNCIL GROUNDRULES another member, the offended member is encouraged to address the matter early with the offending member. Council Conduct Outside of Public Meetings o Continue respectful behavior in private. The same level of respect and consideration of differing points of view deemed appropriate for public discussion should be maintained in private conversations. o Be aware of the public nature of written notes, calendars, voicemail messages, and e-mail. All written or recorded materials including notes, voicemail, text messages and e-mail created as part of one's official capacity will be treated as potentially "public" communication. o Even private conversations can have a public presence. Council members should be aware that they are the focus of the public's attention. Even casual conversation about city business, other public officials or staff may draw attention and be repeated. o Understand proper political involvement. Council members, as private citizens, may support political candidates or issues but such activities must be done separate from their role as a Council member. Council Conduct with the Public o Be welcoming to speakers and treat them with respect. For many citizens, speaking in front of the Council is a new and difficult experience. Council members should commit full attention to the speaker. Comments, questions, and non - verbal expressions should be appropriate, respectful and professional. o Make no promises on behalf of the Council in unofficial settings. Council members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with citizens. It is appropriate to give a brief overview. Overt or implicit promises of specific action or promises that City staff will take a specific action are to be avoided. Council Conduct with City Staff o Respect the professional duties of City Staff. Council members should refrain from disrupting staff from the conduct of their jobs; participating in administrative functions including directing staff assignments; attending staff meetings unless requested by staff; and impairing the ability of staff to implement policy decisions. Resolution Exhibit A - Council Groundrules November 2010 11 TIGARD CITY COUNCIL GROUNDRULES Individual Conduct of Council Members The individual attitudes, words, and actions of Council members should demonstrate, support, and reflect the qualities and characteristics of Tigard as "A Place to Call Home." DO THE RIGHT THING In doing the right thing, I will: • Be honest with fellow Council members, the public and others. • Credit others' contributions to moving our community's interests forward. • Make independent, objective, fair and impartial judgments by avoiding relationships and transactions that give the appearance of compromising objectivity, independence, and honesty. • Reject gifts, services or other special considerations. • Excuse myself from participating in decisions when my immediate family's financial interests or mine may be affected by the Council's action. • Protect confidential information concerning litigation, personnel, property, or other affairs of the City. • Use public resources, such as staff time, equipment, supplies or facilities, only for City - related business. GET IT DONE In getting it done, I will: • Review materials provided in advance of the meeting. • Make every effort to attend meetings. • Be prepared to make difficult decisions when necessary. • Contribute to a strong organization that exemplifies transparency. • Make decisions after prudent consideration of their financial impact, taking into account the long -term financial needs of the City. RESPECT AND CARE In respecting and caring, I will: • Promote meaningful public involvement in decision - making processes. • Treat Council members, board members, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community. • Share substantive information that is relevant to a matter under consideration from sources outside the public decision- making process with my fellow Council members and staff. • Respect the distinction between the role of citizens, Council and staff. • Conduct myself in a courteous and respectful manner at all times. • Encourage participation of all persons and groups. Resolution Exhibit A - Council Groundrules November 2010 12 TIGARD CITY COUNCIL GROUNDRULES Censure and Violations To assure the public confidence in the integrity of the City of Tigard, Council members are held to a high standard of conduct. For this reason, Council members believe the Code of Conduct is as important to the public process as other rules and procedures. It is also recognized that, there may be times when action is required to correct and /or prevent behavior that violates the Code of Conduct. A Council member may be censured by the other Council members for misconduct, nonperformance of duty or failure to obey the laws of the federal, state, or local government. Misconduct includes not honoring the provisions of the Council Groundrules. Early recognition of the questioned conduct is encouraged. Progressive counsel may occur with the Council member but is not required prior to passage of a Council Resolution of Censure by the other Council members. A violation of the Code of Conduct will not be considered a basis for challenging the validity of any Council decision. Implementation Council members will receive a copy of the Council Groundrules and will affirm in writing that they have received the rules including the code of conduct, understand the provisions, and pledge to conduct themselves by the groundrules. A periodic review of the groundrules will be conducted to ensure that they are an effective and useful tool. Resolution Exhibit A - Council Groundrules November 2010 13 TIGARD CITY COUNCIL GROUNDRULES COUNCIL GROUNDRULES CERTIFICATION As a member of the Tigard City Council, I affirm that: ✓ I have read and understand the Council Groundrules including the Code of Conduct and its application to my role and responsibilities while serving on the City Council. ✓ I pledge to conduct myself by the Council Groundrules /Code of Conduct. ✓ I understand that I may be officially censured by the City Council if my conduct falls below these standards. Signature: Position: Signed this day of , 2 Resolution Exhibit A - Council Groundrules November 2010 14 '' c- 7 .,Ylt%, FUND: 100 City of Tigard, Oregon DIVISION: 0500 General Fund Mayor and Council YTD Adopted FY 2010 FY 2011 2012 2012 Budget Resource Summary 2013 Requested Assumptions Chg Pkg Units Rate 37,800 Existing Staff Alloc 0 58,962 45,397 8,147 61,575 51001- Salaries - Management 37,800 58,962 45,397 8,147 61,575 Total Personal Services - Salaries 37,800 Run 1/23/2012 Page 1 of 6 1000500 Mayor and Council FUND: 100 City of Tigard, Oregon DIVISION: 0500 General Fund Mayor and Council YTD Adopted FY 2010 FY 2011 2012 2012 Budget Resource Summary 2013 Requested Assumptions Chg Pkg Units Rate 0 263 Existing Staff Alloc 60 93 57 429 52001- Unemployment 263 0 109 Existing Staff Alloc 226 147 45 133 52002 - Worker's Compensation 109 0 2,891 Existing Staff Alloc 4,510 3,482 625 4,709 52003 - Social Security/Medicare 2,891 0 261 Existing Staff Alloc 399 311 56 426 52004 - Tri -Met Tax 261 0 5,292 Existing Staff Alloc 0 0 0 6,774 52005 - Retirement 5,292 0 0 0 0 1,848 52006 - Retirement - 3% ER Match 0 0 3,000 Existing Staff Alloc 0 0 0 3,000 52007 - VEBA - ER 3,000 0 2,100 Existing Staff Alloc 0 0 0 2,100 52008 - Life Ins /ADD /LTD 2,100 0 76,592 Existing Staff Alloc 50,420 53,449 15,809 65,356 52010 - Medical /Dental /Vision 76,592 0 4,633 5,123 1,709 0 52011- Dental Benefits 0 60,248 62,606 18,302 84,775 Total Personal Services - Benefits 90,508 Run 1/23/2012 Page 2 of 6 1000500 Mayor and Council FUND: 100 City of Tigard, Oregon DIVISION: 0500 General Fund Mayor and Council YTD Adopted FY 2010 FY 2011 2012 2012 Budget Resource Summary m Requested Ass Lions Chg Pkg Units Rate g 2013 p 0 .Base 800 meeting supplies (cups, coffee, filters, clorox wipes, plates) .Base paper, pens, etc. 444 3,208 15 5,900 53001- Office Supplies 800 444 3,208 15 5,900 Total Supplies 800 Run 1/23/2012 Page 3 of 6 1000500 Mayor and Council FUND: 100 City of Tigard, Oregon DIVISION: 0500 General Fund Mayor and Council YTD Adopted FY 2010 FY 2011 2012 2012 Budget Resource Summary 2013 Requested Assumptions Chg Pkg Units Rate 6,500 Consultant fee for coaching and 2 meetings for council team .Base building 400 lnpterpreter Services for hearing impaired at Council .Base meetings (upon request) 2,650 TVCTV taping of Council workshop meetings .Base 26,288 6,919 375 12,400 54001- Professional /Contractual Services 9,550 17,000 City Attorney legal support for Council Base 17,596 13,463 1,541 12,000 54003 - Legal Fees 17,000 0 0 0 0 0 54115 - Vehicle Usage 0 0 0 0 2,897 0 54300 - Advertising & Publicity 0 0 15,251 0 0 0 54301- Fees and Charges 0 33,600 League of Oregon Cities membership (up from $32,500) .Base 3,980 National League of Cities dues .Base 150 Oregon Mayors Assn dues for Mayor Dirksen .Base 100 Other publications for councilors .Base 2,500 Vision Action Network membership (Action Member status) .Base 5,000 Westside Economic Alliance membership .Base 40,344 6,925 13,599 44,524 54302 - Dues & Subscriptions 45,330 1,100 Business meals that are outside regular council meetings .Base (WEA forums, meetings with Metro and other jurisdictions, regional Mayor's dinner) 1,400 Council meals before regularly scheduled Council meetings .Base 20,000 Councilors training budget - $5,000 per councilor .Base 9,000 Mayor's training budget for conferences and meetings .Base 20,018 19,781 2,492 25,900 54303 - Travel and Training 31,500 0 .Base 0 .Base 1,200 Recognition, awards, florist (funeral, illness) from Council. Base Promotional items for visiting dignitaries and school age visitors 1,384 544 1,626 3,900 54311 Special Department Expenses 1,200 Run 1/23/2012 Page 4 of 6 1000500 Mayor and Council S FUND: 100 City of Tigard, Oregon DIVISION: 0500 General Fund Mayor and Council YTD Adopted FY 2010 FY 2011 2012 2012 Budget Resource Summary 2013 Requested Assumptions Chg Pkg Units Rate 120,881 47,632 22,530 98,724 Total Services 104,580 0 0 0 0 0 58000 - Interdepartmental Costs 0 0 3,387 Placeholder Based on FY2012 Adopted to be updated w/ .Base Indirect Cost Plan in Proposed 6,630 3,568 1,402 3,387 58100 - Indirect Charges- City 3,387 Management 0 15,998 Placeholder Based on FY2012 Adopted to be updated w/ .Base Indirect Cost Plan in Proposed 15,018 13,015 3,515 15,998 58150 - Indirect Charges- Records 15,998 0 2,016 Placeholder Based on FY2012 Adopted to be updated w/ .Base Indirect Cost Plan in Proposed 12,720 2,863 793 2,016 58200 - Indirect Charges- Finance 2,016 Administration 0 2,446 Placeholder Based on FY2012 Adopted to be updated w/ .Base Indirect Cost Plan in Proposed 0 2,059 1,051 2,446 58210 - Indrect Charges- Financial 2,446 Operations 0 40,954 Placeholder Based on FY2012 Adopted to be updated w/ .Base Indirect Cost Plan in Proposed 23,338 37,019 8,279 40,954 58230 - Indirect Charges- Technology 40,954 0 990 Placeholder Based on FY2012 Adopted to be updated w/ .Base Indirect Cost Plan in Proposed 0 0 395 990 58250 - Indirect Charges- Contracts and 990 Purchasing 57,705 58,524 15,436 65,791 Total Internal Services 65,791 Run 1/23/2012 Page 5 of 6 1000500 Mayor and Council FUND: 100 City of Tigard, Oregon DIVISION: 0500 General Fund Mayor and Council YTD Adopted FY 2010 FY 2011 2012 2012 Budget Resource Summary P 2013 Requested Assumptions Chg Pkg Units Rate 298,240 217 ,3 316,765 Total Mayor and Council 299,479 Run 1/23/2012 Page 6 of 6 1000500 Mayor and Council AGENDA ITEM NO. 2 -D CITIZEN COMMUNICATION DATE: January 24, 2012 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: 14 0 Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. • Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. 9 CITIZEN COMMUNICATION Tigard High School h l l a 1 g g oo o , 9000 SW Durham Rd. • Tigard • Oregon • 97224 (503) 431 -5518 January 24, 2012 Student Envoy: Courtney Bither Activities 1. Winter Formal was on January 21 and it was "Dance of the Living Dead" zombie themed, being put on by the Thespians. 2. Fashion Club is holding its clothing drive through the Caring Closet for the entire month of January. 3. Activities committee is currently advertising for the Senior Citizens' Prom that will take place on February 12, 2012. 4. Human Rights week is on the way! Leadership has hired a speaker from the Congo for the assembly Athletics 1. Swim meets continue this month. 2. Basketball won against Hillsboro in the first week of January 3. The `Final Fight' double header against Tualatin was on January 20 — Tigard won. Go Tigers! 4. Tigerettes have their first state season competition at the end of the month at Canby HS. 5. Wrestling season is in session Arts 1. Tryouts for the spring musical took place in the first week of January. 2. The band has been playing at basketball games and runs concessions to raise money for their trip to Disneyland over spring break. 3. Winter Drumline season started. Academics 1. PCC is held its Financial Aid Day on January 21 and they assisted students in filling out their FAFSA forms. 2. Applications for Honor School are being distributed. 3. IOC testing is took place the second week of January and just ended last week for IB Senior English. 4. Finals week is next week — it's the end of the semester on February 2. Study time! AIS -753 Item #: 3. Business Meeting Date: 01/24/2012 Length (in minutes): 5 Minutes Agenda Title: Introduction of City Engineer Mike Stone Prepared For: Dennis Koellermeier Submitted By: Greer Gaston Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Public Works Director Dennis Koellermeier will introduce Tigard's new City Engineer, Mike Stone. STAFF RECOMMENDATION / ACTION REQUEST Not applicable. KEY FACTS AND INFORMATION SUMMARY Public Works Director Dennis Koellermeier will introduce Tigard's new City Engineer, Mike Stone. Mr. Stone started his position at the city on January 3, 2012. Mr Stone holds a degree in civil engineering from Oregon State University and has served as the city engineer for the City of Wilsonville for the past 19 years. Prior to this, Mr. Stone worked for the City of Tualatin as a civil engineer for 10 years. Mr. Stone also served as the member -at -large on the Intergovernmental Water Board from February 2010 to December 2011. He is a resident of Tigard. OTHER ALTERNATIVES None. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None. DATES OF PREVIOUS COUNCIL CONSIDERATION None. AIS -767 Item #: 4. Business Meeting Date: 01/24/2012 Length (in minutes): 5 Minutes Agenda Title: Tigard Basketball Association Proclamation Submitted By: Cathy Wheatley Administrative Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Should Mayor Dirksen issue a proclamation in honor of the 30th anniversary of the Tigard Basketball Assn.? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY On December 13, 2011 TBA Board member Mark Padgett made a presentation about Tigard Basketball Assn. to the City Council. He noted that "The four councilors were very supportive of the contributions our hundreds of volunteers have made to our community over the last 30 years." He then thanked Council for their support of "this fine organization." OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION December 13, 2011 - Council received request from Mark Padgett during the Citizen Communication. Fiscal Impact Fiscal Information: None. Attachments Tigard Basketball Association Proclamation I 1 .. 1 ,._, !+ 11,,,, � ut, of Tigard , -: , 1 r '' 30 YEARS OF SERVICE: TIGARD BASKETBALL ASSOCIATION % 1981 - 2011 Whereas, the Tigard Basketball Association (TBA) is a volunteer run, non -profit ; organization that operates the recreational basketball program for Tigard youth in $' grades 3 through 12; and ii • . , Whereas, the program is open to all children within the City of Tigard or the Tigard - . Tualatin School District boundaries; and ,w ' P . . � W hereas, TBA is celebrating 30 years of a program made successful by outstanding contributions from parents, coaches, community members; and -:'..-a . Whereas, thousands of Tigard students have participated in the TBA program over 4...v. ' »L,� the past 30 years and had fun while becoming physically fit and learning respect `" v, and cooperation - skills that contribute to a well - developed community; and w1 Whereas, TBA's volunteers and coaches have been instrumental in teaching kids 'l,. Y g ame skills but more importantly the broader concepts of teamwork and - sportsmanship; and .,- - y Whereas, TBA continues to operate a scholarship program that assists low- income families so their children may participate in recreational basketball and learn the r -��` 1 .4 '' same skills and life lessons available to their peers; and 4,. :, Whereas, over the past 30 years, hundreds of community members have F�Y , i to o . volunteered their time, money and interests to benefit a program dedicated solely to # Tigard's youth. 2 , I NOW THEREFORE BE IT RESOLVED THAT I, Craig E. Dirksen, Mayor of the City 4 of Tigard, Oregon, do hereby proclaim the city's thanks for the many contributions ' '' made by community volunteers and donors in honor of 30 YEARS OF SERVICE: TIGARD BASKETBALL -- ' ASSOCIATION' Dated this day of , 2012 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the �f ?% S City of Tigard to be affixed. °*,. f Craig E. Dirksen, Mayor ' City of Tigard 1 'y',. Attest: ' V t.' 1 ;A v . - ■ - ity Recorder AIS -766 Item #: 5. A. Business Meeting Date: 01/24/2012 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Cathy Wheatley Administrative Services Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval. (Dates of meetings are listed under "Attachments" below.) OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments November 14 2011 Joint Tigard/Lake Oswego Special Meeting Minutes November 15. 2011 City Council Workshop Minutes November 22. 2011 City Council Meeting Minutes December 6. 2011 City Gouncil Goal- Setting Meeting Minutes AIS -761 Item #: 5. B. Business Meeting Date: 01/24/2012 Length (in minutes): Consent Item Agenda Title: Specify City Council Liaison Appointments to City of Tigard and Regional Boards, Commissions, Committees, and Task Forces Submitted By: Cathy Wheatley Administrative Services Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Approve the updated City Council Liaison appointments to City of Tigard and regional boards, commissions, committees, and task forces. STAFF RECOMMENDATION / ACTION REQUEST Approve the attached City Council Liaison appointments. KEY FACTS AND INFORMATION SUMMARY • Council members reviewed the traditional board and committee City Council liaison appointments at their December 6, 2011 special goal setting meeting and reached consensus on City Council member representation. • Council groundrules regarding the Council members' liaison roles are as follows: Communication as the Council Liaison with City Boards • Council liaison assignments are determined by consensus of City Council. The goal is to have assignments evenly divided between Council members. Should two or more Council members seek appointment to a position the longest serving Council member will have first choice. • Council Liaisons are to periodically attend Board meetings, listen to the Board discussion, set context for the Board regarding Council decisions /goals /policies and City priorities, answer questions and carry concerns and information back to the full Council. • Council Liaisons are not to direct the business or decision - making process of the Board and do not vote of matters before the Board. • Council Liaisons do not initiate, propose or advocate for their personal position on a matter before the Board. Council Liaisons are to protect the independence of the Boards. • Council Liaisons at times may advocate Council actions on behalf of their assigned Board. Great care must be taken to avoid the appearance of unfairness, conflict of interest or circumstances where such possibilities may exist (e.g., Planning Commission quasi-judicial matters). OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION December 6, 2011 - Council Goal Setting Meeting December 20, 2011 - Council Study Session - Reviewed Draft Matrix Attachments 2012 City Council Liaison Appointments 2012 City Council Appointment Matrix Primary Time Committee Name Representative Alternate Rep Meeting Frequency Expectation Staff Liaison 3 -4 consecutive Monday Budget Committee All Council evenings in April & May Toby LaFrance The Budget Committee provides a public forum to obtain public views in the preparation of fiscal policy. Budget Subcommittee- Social Councilor Woodard 1 meeting in March Toby LaFrance Services Reviews applications submitted by social service agencies for contributions from the city. Consists of 1 Council member and 2 citizen- members of the Budget Committee. Council Workshop or Study Budget Subcommittee - Events All Council Session in March Toby LaFrance Reviews requests for contributions to community events. City Center Development As needed during Council 2 x /month for 1 hr. All A. en � Council sessions, ongoing 2 hours month Sean Farrel ly g This committee's role is to assist the Urban Renewal Commission in developing and carrying out an Urban Renewal Plan. Community Development Block Councilor 2nd Thursday of the month Ongoing- appx. H enderson Marissa Daniels at 7 p.m. Location rotates 2 hours month Marissa Daniels Grant Policy Advisory Board P� By IGA, Washington Co. established the Community Development Policy Advisory Board (PAB) to represent the County Consortium, make recommendations to the County Commissioners on all matters pertaining to the CDBG program. Includes a representative, generally an elected official, from the County and each of the 11 participating cities in the Co. Intergovernmental Water Board Councilor Buchner Councilor 2nd Wednesday /month, Monthly Dennis Koellermeier Woodard 5:30 p.m., Water Building To make recommendations to the Tigard City Council on water issues and to carry out other responsibilities set forth in the IGA between Tigard, Durham, King City and the Tigard Water District. Each jurisdiction is represented by a member + 1 at- large. 2012 Council Appointment Matrix — Page 1 12/20/2011 Committee Name ReprPrimary Time esentative Alternate Rep Meeting Frequency Expectation Staff Liaison Metro Joint Poli y Advisory Mayor Dirksen City of Cornelius 2 " Thursday /month Judith Gray Commission on Transportation Councilor Jef Dalin 7:30- 9 a.m. @ Metro A 17- member committee that provides a forum for elected officials and representatives of agencies involved in transportation to evaluate transportation needs in the region and to make recommendations to the Metro Council. July — Dec 11 Mayor's Appointment Advisory Jan —June 11 Jan — June 12 July — Dec 12 Staff Liaison to the Committee Councilor Henderson Councilor Councilor Buehner Councilor Wilson committee interviewing Woodard The Mayor & 1 Councilor (on a six -month rotation schedule) review applications and interview individuals interested in a board or committee appointment. Recommendations are forwarded to the Council for ratification. . its , _ ___. _._, - -._ _ Metropolitan Area 6 times a year, usually Councilor Woodard Louis Sears Wednesday, 1 -5 pm at Louis Sears Communications Commission MACC headquarters MACC is the governing body that oversees the contracts for cable services and TVCTV. The Executive Committee meets separately to make recommendations to the Commission on administrative issues including budget and the review of the Executive Director. Metro Policy Advisory Sherwood Mayor Tualatin Councilor 2 " and 4 Wednesday Ongoing Ron Bunch Committee (MPAC) Keith Mays Chris Barhyte 5 -7 p.m. at Metro 4 hours /month MPAC it is made up of elected officials. Representatives are elected by peers within Washington County cities. Regional Water Providers Councilor Buehner No appointment Quarterly meeting held at John Goodrich Consortium made Metro Consortium is comprised of all water suppliers in the metro area. The Councilor appointee to this group represents the city on regional policy issues. I I I I I 2012 Council Appointment Matrix — Page 2 12/20/2011 Committee Name ReprePrimary Time sentatives Alternate Rep Meeting Frequency Expectation Staff Liaison Tigard - Lake Oswego Joint We have two primary seats: Monthly — working on a Water Partnership Oversight Dennis Koellermeier Councilor Buehner & Mayor Dirksen new meeting schedule Committee Membership is comprised of staff and elected officials to govern water partnership between the cities. Washington County Coordinating Councilor 2n Monday @ noon Committee Mayor Dirksen Buehner Beaverton City Hall 1 -2 hours per month Mike McCarthy WCCC reviews and comments on major land use and transportation issues and provides a forum for discussion which results in recommendations for a coordinated approach between jurisdictions. The Committee has specific authority on the Major Streets Transportation Improvement Program (MSTIP) and the Countywide Traffic Impact Fee (TIF) program. Representatives to JPAC and MPAC from County and cities in the Co. will be on the policy body. 3'd Wednesday of month PLUS: Optional Westside Economic Alliance Mayor Dirksen Councilor Wilson 7:30 -9 a.m. @St. Vincent's Thursday Forum Ron Bunch Hospital Board Room breakfast n// speakers Create an environment conducive to business growth, working to influence decisions on policies and regulations impacting the economic vitality of the area. Councilor Willamette River Water Coalition Henderson Councilor Wilson Monthly Dennis Koellermeier Mission of the coalition is to protect the Willamette River and to protect Tigard's water rights. 2012 Council Appointment Matrix — Page 3 12/20/2011 Tigard Board & Committee Liaison Assignments: Primary Time mi Comttee Name Alternate Rep Meeting Frequency 111 Liaison ._ _ Representative - _ Expectati City Center Advisory Councilor T Wednesday /month@ H enderson 6:30 Sean Farrelly m Commission p This committee's role is defined in the City Charter and is to assist the Urban Renewal Commission in developing and carrying out an Urban Renewal Plan. High Capacity Transit Land meet during regularly Use Plan CitkensAdvisory Councilor Wilson Councilor scheduled Transportation Judith Gray Committee Buehner Advisory Committee Mtgs Metro has identified the "SW Corridor" (PDX - Sherwood via Tigard) as the next priority expansion line for the regional HCT system. The city is gearing up for an extensive planning process beginning with a state - funded land use plan to identify potential station area locations and development traits to warrant HCT investment and achieve the city's aspirations. The Transportation Advisory Committee serves as the Citz. Advisory Comm. for the land use plan. library Board Councilor Henderson I second Thursday of each I month at 7:00 PM I 1 Margaret Barnes Adviso to the Council re!. rdin • libra ' . olicies, bud ! et, facilities and other needs of the communi ' to . rovide . uali libra service, . er TMC 2.36.030. Alternate Rep Neighborhood Involvement 3`d Wednesday /every other Mayor Dirksen 6 hours a year Joanne Bengtson Committee (formerly CCI) mo. @ 7pm Charged with oversight for the Neighborhood Network program, encourages two -way communication between city and residents and encourages residents to be more involved. (1 committee changed its name to reflect new mission — previous incarnation was Committee for Citizen Involvement.) Park & Recreation Advisory Councilor 2nd Monday /month 7 pm Steve Martin Board Woodard in the Water Building To advise the Council on park and recreation policies, facilities, programs and budgets. Planning Commission I Councilor 1st & 3rd Monday /month Woodard I I @ 7pm ` Susan Hartnett Assists the City Council to develop, maintain, update and implement the Comprehensive Plan, to formulate the Capital Improvements Program, and to review and take action on development projects and development code provisions delegated to the Commission. 2012 Council Appointment Matrix — Page 4 12/20/2011 Transportation Advisory Councilor Wilson Councilor 1" Wednesday, 6:30 p.m., 1.5 hr. meetings Judith Gray Committee Buehner library 2 Floor Conf Rm Advisory to council & staff regarding planning and development of a comprehensive transportation network, including development of plans and corresponding financing programs; development of funding mechanisms and sources to implement transportation projects and ensure adequate maintenance of the existing transportation infrastructure; public involvement and education in transportation matters and ways to improve traffic safety and accessibility in all transportation modes. Tree Board I Councilor I 1" Wednesday of month @ Henderson 6:30 p.m. Todd Prager The mission of the Tree Board is to develop and administer a comprehensive program for the management, maintenance, removal, replacement & protection of trees on public property. 1" & 3` Wednesdays @ Youth Advisory Council Mayor Dirksen City Hall I Sheryl Huiras Students in grades 5 -12 represent their peers as resources to the community to advise the best ways to build developmental assets for each youth in Tigard. The Youth Advisory Council also facilitates the development and implementation of programs and activities that are important to youth. I:\adm \city council \goals\2012 apptmatrix with description 111220.docx 2012 Council Appointment Matrix — Page 5 12/20/2011 AIS -671 Item #: >. C. Business Meeting Date: 01/24/2012 Length (in minutes): Consent Item Agenda Title: Authorize the City Manager to Execute an Intergovernmental Agreement with Clean Water Services Regarding the Derry Dell Sewer Project Prepared For: Kim McMillan Submitted By: Greer Gaston Public Works Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Shall the council authorize the city manager to execute an intergovernmental agreement (IGA) with Clean Water Services (CWS) regarding the Derry Dell sewer project? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council authorizes the IGA. KEY FACTS AND INFORMATION SUMMARY The council was briefed on the IGA at its December 13, 2011 meeting. The City of Tigard and CWS share responsibility for the operation and maintenance of the city's sewer system. CWS and the city have identified a problem — there are five locations where sanitary sewer lines are exposed as they cross Deny Dell Creek and Fanno Creek near Woodard Park. The creeks have washed away the soil/foundations surrounding these lines. As erosion continues, the exposed sewer lines could fail and sewage would be released into the waterways. Such a release would endanger public health, pollute the creek(s) and violate the federal Clean Water Act and state law. A map of the sewer line crossings is attached. To rectify the problem, a joint city/CWS project is proposed. The project will remove the exposed sewer line crossings along with several sewer access manholes in Woodard Park. Improvements include: • Designing and constructing approximately 1,200 feet of new sewer line. • Removing or abandoning 1,800 feet of existing sewer line. • Realigning a 700 -foot stretch of Deny Dell Creek. The attached IGA outlines city /CWS responsibilities as they pertain to the project. In short, CWS will design, contract, manage and fund the project. The city will: • Purchase the real property, or obtain an easement for the real property, required for the project. • Pay city permit and tree mitigation fees. • Allow an exemption to the sensitive lands permit, with the provision that the work will be performed under the direction of the city and in accordance with city Standards and Specifications for Riparian Area Management. The IGA was reviewed by the city attorney's office. OTHER ALTERNATIVES The council could: • Choose not to authorize the IGA and could provide staff with direction on some other course of action. • Direct staff to re- negotiate the IGA to pursue a different allocation of project responsibilities and /or funding. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None DATES OF PREVIOUS COUNCIL CONSIDERATION The council was briefed on the IGA at its December 13, 2011 meeting. With regard to real property transactions arising from the IGA, the council discussed this item in executive session on April 26, 2011. Fiscal Impact Cost: $1,105,000 Budgeted (yes or no): Yes Where Budgeted (department /program): CIP - Sanitary Sewer Fund Additional Fiscal Notes: The Capital Improvement Plan includes $1,105,000 in fiscal year 2011 -2012 for the Derry Dell sewer project. This dollar amount will be sufficient to fund the city's share of the project. Attachments IGA Map of Sewer Line Crossing. • a -^1""47 14,` I : : ti ++z s ;,1; �,a '- • .-,- ,, ,, .. 1 - ,,, ' , , • - rty ,, __, '..1; ' . - : , : ..i r'' ' '' ': 1 ;; ,, *;',.. %,- i - ', - ,:',,f ,i t ,,,.. 9 77 11- ,,,,5 , ,n. , , :7 . ,,,,, 4 , • '''' ' ' ''''' T .._ 4.- i ,.. '''' '. 4 ' ' . ',. 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'' �'' 3 . . , . 1 / f � I u,��f!� r � ,, � �`�r t DELL DERRY # -3 � , * ' : � 1 . 4c,4,1„ ' • . k ":;..4" , � CR �, L 4 % 'P'- if :, . ` 'J j j % °q , ' ? ` . � � � / . 4 ✓ i : 7� • /ice ''� ,�, 7 - i ' ' g ; SCALE: 1"=200 FT S. PUBLIC WORKS DEPARTMENT DERRY DELL CREEK FIGURE it • S in , , 1 1J /25 .W. HALL B L VD . SANITARY SEWER CROSSING FIG— n c 2- O S OREGON 97223 VOICE: 50J -639 -4171 FILE NO FAX: 50J -624 -0752 EXISTING CONDITIONS (FIGURE 1) TIG ID Www.nGARO- OR.GOV AIS -756 Item #: 5. D. Business Meeting Date: 01/24/2012 Length (in minutes): Consent Item Agenda Title: Adopt a Resolution of Necessity to Acquire Property for the Main Street/Green Street Retrofit Project Prepared For: Kim McMillan Submitted By: Greer Gaston Public Works Item Type: Meeting Type: Consent Agenda ISSUE Shall the council adopt a resolution of necessity to acquire property for the Main Street/Green Street retrofit project? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council adopts the resolution. KEY FACTS AND INFORMATION SUMMARY The Main Street/Green Street retrofit project will reconfigure Main Street and improve vehicular, bicycle, and pedestrian circulation. Project improvements include: • Wider sidewalks • Landscaping • New street lighting • Street trees • Stormwater planters The project is funded through a $2.5 million, federally - funded grant from Metro. The city is required to provide $650,000 in matching funds. Project plans are about 90 percent complete, and, at this stage of design, it is necessary to start the right -of -way acquisition process. There are many segments of the existing sidewalk that are located on private property. Right -of -way (ROW) acquisition would place these segments in the public ROW. Additional ROW will be required for sidewalk widening and stormwater planters. The resolution of necessity declares the need to acquire property and/or temporary construction easements for the purpose of constructing the Main Street/Green Street retrofit project. Assuming the council adopts the resolution of necessity, the city's agent will enter into negotiations with property owners to buy the properties or portions of properties at the appraised value. Should negotiations prove unsuccessful, the resolution authorizes the city to proceed with condemnation. The acquisitions under consideration involve the least amount of private property needed to achieve an effective green street design. On February 22, 2011, the council approved an intergovernmental agreement (IGA) with the Oregon Department of Transportation (ODOT) to administer funds for right -of -way services for the Main Street/Green Street retrofit project. ODOT will ensure federal right -of -way acquisition requirements are met. OTHER ALTERNATIVES The council could choose not to adopt the resolution and direct staff on how to proceed with the ROW acquisition. However, ROW acquisition is a time sensitive piece of the process and must be complete before grant funding for construction can be released. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2012 Long -Term Council Goals - "Continue implementing the Downtown Renewal Plan." Adopted Plans: Tigard Downtown Streetscape Design Plan, (2006) City Center Urban Renewal Plan, (2005) DATES OF PREVIOUS COUNCIL CONSIDERATION On February 8, 2011, the council was briefed on the IGA with ODOT to administer funds for right -of -way services for the Main Street /Green Street retrofit project. The council subsequently approved the IGA on February 22, 2011. Fiscal Impact Cost: $202,000 Budgeted (yes or no): Yes Where Budgeted (department /program): Metro Grant and Gas Tax Additional Fiscal Notes: The acquisition costs for this project are estimated at $202,000. The project is funded with a $2.5 million grant from Metro, $450,000 from the gas tax fund and $200,000 from the water fund. The City match is approximately 18% and therefore it expected we will need to budget 18% of $202,000 for property acquisition in FY 13 (approximately $36,500). Attachments Resolution Exhibits A & B for 29 Properties SUPPLEME TAL PACKET FOR (DATE OF ETING) 436v/4 lft0-7 37 0 Steps to Acquire: 1. Notice of Intent to Acquire (the Involuntary letter form); must be sent at least 90 days before displacement/city possession) 2. Appraisal is conducted (Owner has the opportunity to accompany the appraiser); state law requires 15 days notice to the owner. 3. City establishes just compensation amount (based on appraisal) 4. City makes written offer to owner; must include the appraisal) 5. Negotiation period (minimum 40 day period before condemnation may be filed) 6. Agreement reached (triggers Notice of Displacement and Notice of Eligibility for Relocation Assistance to tenants) 7. If no agreement city may file condemnation action. • L r •. (Y� GIY L`d'e''''-f'e-a ,,,, I.- 2 - 5 h - 1b0 SUPPLEMENTAL PACKET FOR 1 / i.30l (DATE OF MEETING) - - LOT 800 25 7 0250 - ■ A `, Px LOT 5800 Zs 1 02 88 r TAY LOT 1000 25 r 08ac T TAA /or 2700 Ifl 1S 10280 TAN LOi 1200 15 1 01A8 - N LOl 1JW ZS r 0788 TAX LOT 2101 102AB \ TAY LOT JOB'S 101/8 540 LO! 3300 15 1 OTAB - 19% Y TEMPORARY AN LOl 900 IS 1 OT02,40 L 159 g 1•M^ORARY TAX LOT 1800 15 1 OTAB CONSIROCRM EA... g TEMPORARY T CONSTRULIIOV EaSfMfN! IIO g 1PoRARY ARY t] ff 1EUPORMY 69 sr ONPORARY \ • SE ROTARY T10 3 {epLMARv f O g ROW EASEMENT 15J g r l l' O rtA7 - - - IATL07 1SRP.r�" - CONS IRUCIICN E stHUt'R LC ' IRUC�I(W FA.YNENi CPVSiRUC SEMEN 1 991 3 IFMPWAav CLNSIR �IttW'EASE ! - CWSMIMMRI FASFYLV! 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Business Meeting Date: 01/24/2012 Length (in minutes): 15 Minutes Agenda Title: Consider Approval of the City of West Linn's Membership in the Metropolitan Area Communications Commission (MACC) - Resolution Prepared For: Councilor Woodard Submitted By: Louis Sears Financial and Information Services Item Type: Resolution Meeting Type: Council Business Meeting - Main ISSUE Should the City Council approve the resolution approving the addition of the City of West Linn, Oregon as a new member of the Metropolitan Area Communications Commission (MACC)? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the City Council approves the resolution allowing the addition of the City of West Linn as a new member of the MACC. KEY FACTS AND INFORMATION SUMMARY MACC is composed of 14 local jurisdictions, Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Rivergrove, Tigard, Tualatin, and Washington County. All 14 jurisdictions must approve the resolution authorizing the addition of the City of West Linn to join MACC for the City of West Linn to join MACC. The MACC Board of Commissioners unanimously recommended on November 16th, 2011 that current MACC jurisdictions approve the addition of the City of West Linn to MACC. If all 14 MACC jurisdictions approve the City of West Linn as the 15th member of MACC, future items that require unanimous MACC member approval will require all 15 members to approve. MACC's bargaining power may increase as West Linn will add approximately 6,000 additional subscribers. OTHER ALTERNATIVES City Council could choose not to adopt the the resolution approving the addition of the City of West Linn as a new member of MACC. If the City Council, or any MACC member, chooses not to approve the resolution, the City of West Linn would not become a member of MACC. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: 0 Budgeted (yes or no): Yes Where Budgeted (department /program): Administration Additional Fiscal Notes: There should be no fiscal impact to the City or other MACC jurisdictions. MACC does not anticipate any additional staff needed with the addition to MACC of the City of West Linn. If there is a fiscal impact the fiscal impact should be slighlty positive to current MACC jurisdictions as MACC administrative costs will be distributed across one more MACC member. Attachments MACC Staff Report. IGA and O &A Proposed Resolution MACC METROPOLITAN AREA C OMMUNICATIONS COMMISSION REPRESENTING BANKS, BEAVERTON, CORNELIUS, DURHAM, FOREST GROVE, GASTON, HILLSBORO, KING CITY, LAKE OSWEGO, MIIWAUKIE, NORTH PLAINS, RIVERGROVE, TIGARD, TUALATIN AND WASHINGTON COUNTY CAblE TV FRAncIilsE REGulA loN • TEIEco,l lu McATtoNs Advic€ Aid SuppoRT • Public CoafNIUNICATIo \s NETW-oRk (PCN) • TUAIATIN VAllEy CoATmwNITy TV MACC STAFF REPORT Add the City of West Linn as a New Member to MACC Prepared by the staff of the Metropolitan Area Communications Commission December 2011 MACC RECOMMENDS ADDING THE CITY of WEST LINN AS A NEW MEMBER of MACC At their November 16th meeting, the Board of Commissioners (Commission) of the Metropolitan Area Communications Commission (MACC) unanimously recommended that your jurisdiction, along with the other 13 MACC members, approve the addition of the City of West Linn to the MACC membership. MACC Intergovernmental Agreement and the Role of Your Jurisdiction — Your City is a member of the MACC Intergovernmental Agreement (IGA). The IGA requires that every member jurisdiction approve the addition of any new member. While the MACC Commission has the responsibility for reviewing new member jurisdictions and recommending action by the existing membership, each current MACC member jurisdictions must accept West Linn in order for it to become a member — if any one of the affected jurisdictions votes no, it vetoes the approval. Jurisdiction action is typically accomplished through a resolution. A draft resolution is attached (see Attachment A — Draft Approval Resolution). MACC staff will be present at the Council meeting to answer any questions you have, and we welcome questions in advance. Background — With the upcoming renewal of the MACC /Comcast cable franchise (by February 1, 2014), this is the appropriate time to determine whether new members are appropriate. The MACC Commission extended an invitation to nearby communities in the Spring of 2011 and the City of West Linn expressed interest in MACC membership. On November 16, the MACC Commission considered the criteria set out in the • IGA and determined that West Linn would be a positive addition to MACC. A Resolution (see Attachment B - MACC Recommending Resolution) recommending that current member jurisdictions approve of West Linn's membership was unanimously passed by the Commission. 1815 NW 169th Place, Suite 6020 • Beaverton, Oregon 97006-4886 • Phone (5031645.7365 • FAX (503) 645.0999 • Web Slte: www.maccor.org 29 Ybuzs of SERVICE, 1980 -2009 Benefits to Existing Members of Adding West Linn • A small drop in MACC operating costs. Each member pays for MACC services based on its percentage of franchise fees generated by member jurisdictions' cable television subscribers. Therefore, since MACC's costs are relatively fixed, additional members will result in lower cost for all members. • Greater clout resulting from an additional 6,000 cable subscribers when negotiating a new franchise with Comcast. • Additional contributions to MACC's PEG /PCN Grant Fund. At the time a new franchise is negotiated with Comcast, West Linn would contribute its proportionate share to the Grant Fund. Interim IGAs until Comcast Renewal, In order to be part of the Comcast renewal process, the addition of West Linn must be approved no later than March 2012. This will allow their full participation in the franchise renewal process, including the significant franchise needs assessment work. However, West Linn will remain under its current, separate Comcast franchise until MACC's renewal is completed (through 2013). A transition period is needed to accommodate this gap. The individual IGA West Linn has already adopted (see attached Resolution - Attachment C) provides for this interim period. Significant provisions of the IGA include: Franchise Fee Support — West Linn will pay the same proportionate share of franchise fees as current MACC members. West Linn will support MACC operations (18 %) and PEG Access — TVCTV (10 %) for a total of 28 %. Franchise Administration — Upon approval, MACC will immediately assume the administrative duties of West Linn's Comcast franchise. MACC staff can absorb the issues and demands of the city within its current staffing and budget. PEG Access Support - The City of West Linn currently contracts with Willamette Falls TV (WFTV) for Public Access services and for their council meeting coverage. The city is expected to end its contractual relationship with WFTV on June 30, 2012 and coverage of West Linn meetings would become TVCTV's responsibility on July 1st. West Linn citizens will be able to use TVCTV Public Access services at our new Beaverton facility. Switching West Linn public meetings from WFTV to TVCTV will require some new equipment, but those costs will not affect current members' fees or grant fund opportunities. 2 Future Services to the New Members: Following the adoption of a new franchise with Comcast (in 2014), West Linn will enjoy the same benefits as other MACC members, including use of the PCN, access to the MACC PEG /PCN Grant Fund, and all TVCTV services. West Linn will gain a seat at the MACC Commission table and will adopt, with the current MACC members, a new, updated MACC IGA during the renewal process. Commission Action — the MACC Board of Commissioners unanimously recommends that the MACC jurisdictions approve West Linn's membership. If you have questions about this process, the City of West Linn or MACC's recommendation, please contact your City's MACC representative. MACC staff: Fred Christ, MACC Policy and Regulatory Affairs Manager is available at 503 - 645 -7365 x206, or via email: fchrist @maccor.org. Enclosed Attachments: A — Draft Approval Resolution B — MACC Recommending Resolution (11/16/11) C — Pending MACC/West Linn IGA D — Questions and Answers Regarding MACC Membership 3 Attachment A [City /County of , Oregon] RESOLUTION No. A RESOLUTION APPROVING THE ADDITION OF THE CITY OF WEST LINN, OREGON AS A NEW MEMBER OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION WHEREAS, the Metropolitan Area Communications Commission, (hereinafter "MACC "), is an intergovernmental commission formed under ORS Chapter 190, with the membership of Washington County and the cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Rivergrove, Tigard and Tualatin ( "Current Members "); and WHEREAS, the Current Members are bound by an Intergovernmental Agreement ( "IGA "), adopted by each jurisdiction and effective February 13, 2003; and WHEREAS, the IGA contains provisions permitting the addition of MACC members; and WHEREAS, those provisions require the unanimous approval of all Current Members of a new MACC member, following a recommendation by the MACC Board of Commissioners; and WHEREAS, the City of West Linn has expressed interest, by letter and resolution, in joining MACC; and WHEREAS, MACC has determined that the addition of the City of West Linn will not impair MACC's services to the Current Members, nor will it result in any loss of franchise fee revenue to the Current Members; and WHEREAS, on November 16, 2011, the MACC Board of Commissioners considered the criteria set forth in Section 6.B of the IGA and unanimously recommended that the Current Members approve the addition of the City of West Linn to MACC. Now, therefore, BE IT RESOLVED BY THE [CITY COUNCIL /BOARD OF COMMISSIONERS]: Section 1. The [City Council /Board of Commissioners] hereby approves the addition of the City of West Linn as a new member of the Metropolitan Area Communications Commission. Section 2. Effective Date. This Resolution shall be effective upon its adoption by the [ City Council /Board of Commissioners] and signature by the [Mayor /Chair]. Attachment B Amended November 17, 2011 METROPOLITAN AREA COMMUNICATIONS COMMISSION RESOLUTION 2011 - 06 A RESOLUTION RECOMMENDING APPROVAL BY THE MACC MEMBER JURISDICTIONS OF THE ADDITION OF THE CITIES OF HAPPY VALLEY and WEST LINN AS MEMBERS OF MACC and AUTHORIZING THE ADMINISTRATOR TO EXECUTE INTERGOVERNMENTAL AGREEMENTS WITH THE CITIES OF HAPPY VALLEY and WEST LINN WHEREAS, MACC is organized by intergovernmental agreement originally entered into in April 1980, most recently amended as of February 13, 2003 (the "MACC IGA ") with Washington County and the cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Rivergrove, Tigard and Tualatin as participating signatories (together, the "MACC Jurisdictions "); and WHEREAS, the MACC IGA permits the addition of new members by unanimous consent of the MACC Jurisdictions; and WHEREAS, the cities of Happy Valley and West Linn ( "Prospective Members ") have requested membership in MACC; and WHEREAS, the Commission has considered the criteria set forth in Section 6.B of the MACC IGA and recommends that the Prospective Members become members of MACC; and WHEREAS, the Prospective Members' current cable franchise agreements are materially different from the MACC Jurisdictions' current cable franchises, which differences require a separate intergovernmental agreement between the parties until the Prospective Members' franchises are renewed on the same terms as the MACC Jurisdictions' franchises, at which time the parties intend to amend the MACC IGA to include the Prospective Members' and WHEREAS, the Commission approves the terms of the separate intergovernmental agreements between MACC and the cities of Happy Valley and West Linn, subject to unanimous approval of the MACC Jurisdictions. THEREFORE BE IT RESOLVED by the METROPOLITAN AREA COMMUNICATIONS COMMISSION: Section 1. Recommendation to Member Jurisdictions. The Commission hereby recommends that each of the MACC Jurisdictions consent to the addition of the cities of Happy Valley and West Linn as members of the Metropolitan Area Communications Commission, with all benefits and responsibilities set forth in the MACC IGA and the applicable Intergovernmental Agreement attached hereto as Exhibits A and B. Section 2. Authorization to Sign IGA with the City of Happy Valley. The MACC Administrator is authorized to sign an Intergovernmental Agreement with the City of Happy Valley substantially in the form attached hereto as Exhibit A, provided that the City {00177478; I ) adopts the IGA no later than December 16, 2011, and after the MACC Administrator has received unanimous consent from the governing body of each MACC Jurisdiction for the addition of the City of Happy Valley as a MACC member. Section 3. Authorization to Sign IGA with the City of West Linn. The MACC Administrator is authorized to sign an Intergovernmental Agreement with the City of West Linn as adopted by the City on November 14, 2011 and attached hereto as Exhibit B, after the MACC Administrator has received unanimous consent from the governing body of each MACC Jurisdiction for the addition of the City of West Linn as a MACC member. Section 4. Effective Date. This Resolution shall be effective upon its adoption by the Commission and signature by the MACC Chair. ADOPTED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION THIS 16 DAY OF NOVEMBER, 2011. Chris Barhyte, MACC Chair (OOI77478;1 } - Attachment C INTERGOVERNMENTAL AGREEMENT Between • CITY OF WEST LINN, OREGON and the METROPOLITAN AREA COMMUNICATIONS COMMISSION • This Agreement is made and entered into by the City of West Linn, a municipal corporation of the State of Oregon (hereafter the "City ") and the Metropolitan Area Communications Commission (hereafter "MACC ") an intergovernmental commission established in accord with ORS Chapter 190. RECITALS WHEREAS, MACC is organized by intergovernmental agreement originally entered into in April 1980, most recently amended as of February 13, 2003 (the "MACC IGA ") with Washington County and the cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Rivergrove, Tigard and Tualatin as participating signatories (together, the "MACC Jurisdictions "); and WHEREAS, the MACC IGA permits the addition of new members by unanimous consent of the Member Jurisdictions; and • WHEREAS, the City desires to become a member of MACC; and WHEREAS, the City's current cable franchise agreement is materially different from the MACC Jurisdictions' current cable franchises, which differences require a separate agreement between the parties until the City's franchise is renewed on the same terms as the MACC Jurisdictions' franchises, at which time the parties intend to amend the MACC IGA to include the City. NOW, THEREFORE, in consideration of the mutual promises, agreements, and covenants contained herein, the City and MACC agree as follows: ARTICLE 1- PURPOSE OF AGREEMENT The purpose of this Agreement is to add the City as a new member of MACC, with all benefits and obligations of membership as set forth in the MACC IGA, including but not limited to negotiation, administration and regulation of the City's cable franchise agreement(s). ARTICLE 2 — TERMS AND CONDITIONS 2.1 General Terms. Except as expressly set forth herein, the City and MACC agree to be bound by the terms and conditions of the MACC IGA, which by this reference is incorporated herein in its entirety with the exception of Exhibit A thereto as amended by Resolution 2005 -04, which sets forth the allocation of franchise fee revenues for MACC administration and support for Public, Educational and {00174730; 3 ) Government ( "PEG ") Access. In lieu of the obligations of the Member Jurisdictions set forth in Exhibit A of the MACC IGA, the City agrees to allocate twenty eight percent (28 %) of its franchise fees for both MACC administration and support for PEG Access (the "Franchise Fee Allocation "). The City and MACC agree that this amount approximates the contribution made by Member Jurisdictions as set forth in Exhibit A of the MACC IGA. The City will direct the cable operator(s) to remit all franchise fees to MACC, which may retain twenty eight percent (28 %) of the franchise fees and shall, within 30 days from the due date of the cable operator(s)' payment, forward the remainder to the City. 2.2 Additional City Obligations. The parties acknowledge that the basic costs associated with the connection between City facilities, the cable system and MACC shall be included as part of the Franchise Fee Allocation. To the extent such costs exceed $35,000, the City agrees to pay any and all additional costs associated with restructuring physical telecommunications equipment (e.g., Comcast and MACC equipment costs), and any necessary fiber connections between City facilities and the cable system, to enable the cablecast of PEG programming to and from MACC's facility and/or the cable operator. Any costs paid by the City pursuant to this Section shall be in addition to the City's Franchise Fee Allocation. 2.3 MACC Obligations. In addition to the obligations set forth in Section 2.1, MACC agrees to provide the following services as part of the Franchise Fee Allocation (unless otherwise noted): a. Staff necessary to produce live coverage of up to a combined total of four City Council meetings and work sessions per month at no cost to the City, provided that the meetings are held at facilities with cameras and other necessary equipment. MACC agrees to produce additional meetings beyond that required in the previous sentence at a cost of $35.00 per hour, provided that MACC receives sufficient advance notice and a trained staff person is available. If two staff persons are required, the hourly rate will be $55.00. b. Video productions highlighting events or aspects of the jurisdiction, referred to as "deliverables," on the same proportionate basis (according to franchise fees derived from customers within the jurisdiction) as other MACC Jurisdictions. For FY 2012, MACC will provide up to one (1) deliverable to the City. c. As part of the transition, MACC will work with the City to assist in identifying a possible local studio alternative to TVCTV in Beaverton, and/or a local distribution option for equipment borrowing by City residents. • ARTICLE 3 - TERM OF AGREEMENT 3.1 Effective Date. This Agreement shall take effect only after an affirmative recommendation from the MACC Commission and the unanimous consent of all Member Jurisdictions as required by Sections 4.D(2) and 6.B of the MACC IGA. This Agreement shall take effect on the date of last signature below, provided that the requirements in the preceding sentence have been met. 3.2 Term and Termination. Consistent with Section 6 of the MACC IGA, this agreement is perpetual and shall remain in effect until (i) the MACC IGA is terminated as provided therein; (ii) the City withdraws from MACC as provided in Sections 4.D and 6.D of the MACC IGA; or (iii) the MACC IGA is amended to include the City as a party thereto and such amendment is duly executed by the City. • ARTICLE 4 - AMENDMENTS (00174730; 3 I • This Agreement may be amended only as permitted in Section 7.D of the MACC 1GA. The City and MACC hereby agree to all provisions of this Agreement and the MACC IGA as incorporated by reference into this Agreement. Each person signing below represents that he /she is duly authorized to execute this Agreement on behalf of the affected party. FOR the Metropolitan Area Communications FOR the City of West Limi, Oregon Commission Bruce Crest, Administrator Chris Jordan MACC City Manager Now. IS; ZOJ( Date Date • • (00174730; 3 } Attachment D MACC MEMBERSHIP for WEST LINN Questions and Answers Q: Will the addition of West Linn increase my jurisdiction's costs? A: No. There will be no greater (and probably marginally less) cost to current MACC members if West Linn joins. Q: Will the addition of West Linn decrease services to my jurisdiction? A: No. Services to West Linn will be funded by West Linn at the same rate that MACC members pay. Q: What are the benefits to my jurisdiction if West Linn is added to MACC? A: 1) The cost to any individual member will probably go down by a small margin. 2) The bargaining power of MACC will increase a bit due to the addition of approximately 6,000 additional subscribers to the MACC base. 3) Some economies of scale are added at MACC by adding a jurisdiction that borders existing jurisdictions. Q: What is the downside of adding West Linn? A: There is no downside that we can think of. AIS -663 Item #: 7. Business Meeting Date: 01/24/2012 Length (in minutes): 30 Minutes Agenda Title: Continue to Discuss Amendments to Tigard Municipal Code Chapter 1.16 and Consolidation of Nuisance Violations into a New Title 6 Submitted By: Susan Hartnett Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Continue discussion of amendments to Tigard Municipal Code (TMC) creating administrative code enforcement options in Chapter 1.16 and consolidation of nuisance violations into a new Title 6. This is the council's third discussion of these amendments. A public hearing to adopt these amendments is scheduled on February 28, 2012. STAFF RECOMMENDATION / ACTION REQUEST Receive information, discuss options and direct staff regarding the proposed amendments to Chapter 1.16 and creation of a new Title 6. KEY FACTS AND INFORMATION SUMMARY Introduction: In November 2011, Council began review of two packages of amendments to the Tigard Municipal Code (TMC) intended to enhance code enforcement tools and improve usability of the code. These include changes to Chapter 1.16 creating new administrative enforcement options and improving existing judicial remedies, and creation of a new Title 6 incorporating existing nuisance violations into one central location. During the previous discussions on November 22 and December 13, council raised questions about provisions in the proposed text for Chapter 1.16 and Title 6 and offered a number of suggestions for improving readability of the text. Staff has incorporated many of these suggestions in revised drafts; Attachment 1 contains Chapter 1.16 and Attachment 2 contains Title 6. Changes since the previous drafts have been highlighted in yellow for easy visibility. Staff plans to address other issues raised by Council in informational memos that will be provided in council newsletter packets on Friday, January 20; Friday, January 27; and Friday, February 10. This will include responses to the council comments or suggested changes regarding: • Cross jurisdictional violations • Updates to other titles beyond cross - reference updates • Definition of "greenway" • Protection of water meters • Noxious vegetation • Changes to noise provisions • Sidewalk maintenance • Out -of -state owners • Appropriateness of applying certain provisions city-wide • Scenarios exemplifying enforcement procedures and process • Example SOPs (Standard Operating Procedures) • Statistical data on most common violations and their resolution. A public hearing to consider adoption of this amendments is scheduled for February 28, 2012 Background: Budget reductions in fiscal year 2010 -2011 resulted in elimination of the city's only code enforcement officer. It was decided that maintaining a credible code enforcement function required new administrative enforcement tools to provide more cost efficient and effective services. In response, City Council, at its February 15, 2011 meeting, directed staff to prepare the necessary amendments to the TMC. Over the next several months, council and staff developed the following general strategy regarding TMC amendments. 1. Provide for administrative remedies in Chapter 1.16 to augment existing judicial and emergency remedies. 2. Provide for administrative fees, also in Chapter 1.16, and add these to the Master Fees and Charges Schedule. 3. Consolidate nuisance regulations from multiple TMC locations into a new Title 6. 4. Establish the authority to create administrative rules as needed. Council subsequently directed staff to refine the above into specific TMC amendments for its consideration. The first package of proposed amendments, to Chapter 1.16, was provided for the November 22, 2011 council meeting. The second package, consolidating nuisance violations into a new Title 6, was provided for the December 13, 2011 council meeting. OTHER ALTERNATIVES As options to directing staff to preapre for a public hearing in March 2012 council could choose: • To spend more time reviewing the proposed changes and delay the public hearing. • Not to proceed with amendments to Chapter 1.16 or creation of new Title 6. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2011 Council Goal #1. Implement Comprehensive Plan: The Code Compliance Program contributes to many of the Comprehensive Plan's goals and policies related to the community's livability and vitality. 2011 Council Goal #4. Advance Methods of Communication: Consolidating nuisance citations in a single title will improve and simplify communication with the public on code violations. The addition of an administrative enforcement process will provide an alternative, less formal method to seek compliance. DATES OF PREVIOUS COUNCIL CONSIDERATION The council has discussed this topic on the following dates: • July 27, 2010 • February 15, 2011 • August 23, 2011 • September 13, 2011 • November 22, 2011 • December 13, 2011 Attachments Attachment 1 - Chapter 1.16 Attachment 2 - Title 6 REVISED FOR DECEMBER 24'" DISCUSSION HIGHLIGHTED CHANGES FROM PREVIOUS DRAFT Chapter 1.16 CIVIL INFRACTIONS. Sections: ARTICLE I. GENERAL PROVISIONS 1.16.010 Title for Provisions 3 1.16.020 Establishment and Purpose 3 1.16.030 Definitions 4 1.16.040 Use of Language 5 1.16.050 Reference to State Law 5 1.16.060 Culpability, Not Exclusive, Remedies Cumulative 5 1.16.065 Liability 5 1.16.070 Effect of This Chapter 6 1.16.080 Severability 6 1.16.090 Reports of Infractions 6 1.16.100 Assessment by Code Enforcement Officer 6 1.16.105 Administrative Rules 6 1.16.110 Warrants - Right of Entry 7 1.16.111 Warrants - Grounds for Issuance 7 1.16.112 Warrants - Procedure for Issuance 8 1.16.113 Warrants - Execution 8 1.16.114 Warrants - Disposal of Seized Property 8 1.16.115 Voluntary Compliance Agreement 8 1.16.120 Notice - Notice of Violation and Letter of Complaint. 9 1.16.140 Time to Abate Infraction After Notice 9 1.16.150 Immediate Remedial Action Required When 9 ARTICLE IL JUDICIAL ENFORCEMENT 1.16.160 Notice - Methods of Service 10 1.16.170 Notice - Computation of Time Period 11 1.16.180 Notice - Information 11 1.16.190 Failure to Respond to Notice 11 1.16.210 Civil Infraction Summons and Complaint - Timing 11 1.16.220 Civil Infraction Summons and Complaint - Process Requirements 12 1.16.230 Civil Infraction Summons and Complaint - Service - Failure to Receive - Default 13 1.16.240 Civil Infraction Summons and Complaint - Respondent's Response Required 13 1.16.250 No Right to Jury 14 1.16.260 Representation by Counsel 14 1.16.270 Opportunity to be Heard - Cross - Examination 14 1.16.280 Witnesses 14 1.16.290 Hearing - Admissible Evidence 14 1.16.295 Burden of Proof 14 1.16.300 Hearing - Decision by Hearings Officer 15 1.16.310 Order to Abate - Judicial 15 1.16.320 Hearing - Records 15 1.16.330 Finality of Decision - Appeals 15 1.16.340 Remedial Action by the City - Summary Abatement 15 1.16.350 Default Judgment 15 2 ARTICLE III. ADMINISTRATIVE ENFORCEMENT 1.16.400 Order to Abate - Administrative 16 1.16.410 Abatement by the Responsible Party 17 1.16.420 Order to Abate - Administrative - Appeal Process 17 1.16.430 Abatement by the City 17 1.16.440 Judicial Review 18 ARTICLE IV. PENALTIES, FEES AND COSTS 1.16.600 Continuous Infractions 18 1.16.610 Failure to Comply With Judgment Order, Order to Abate or Notice of Assessment 18 1.16.620 Penalties, Fees and Costs - Payment 18 1.16.630 Penalties and Fees - Classifications 18 1.16.640 Penalties and Fees - Amounts to be Assessed 19 1.16.650 Penalties and Fees - Repeat Violations 19 1.16.660 Penalties and Fees - Prior to First Appearance in Court 19 1.16.670 Delinquent Civil Penalties, Fees and Costs 19 1.16.680 Penalties, Fees and Costs - Assessment 19 1.16.690 Administrative Fees and Costs - Notice of Assessment 20 1.16.700 Administrative Fees and Costs - Notice of Objection and Hearing 20 1.16.710 Penalties, Fees and Costs - Collection, Lien Filing and Docketing 20 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -2 SE Update: 6/09 3 ARTICLE I. GENERAL PROVISIONS 1.16.010 Title for Provisions 1.16.020 Establishment and Purpose 1.16.030 Definitions 1.16.040 Use of Language 1.16.050 Reference to State Law 1.16.060 Culpability, Not Exclusive, Remedies Cumulative 1.16.065 Liability 1.16.070 Effect of This Chapter 1.16.080 Severability 1.16.090 Reports of Infractions 1.16.100 Assessment by Code Enforcement Officer 1.16.105 Administrative Rules 1.16.110 Warrants - Right of Entry 1.16.111 Warrants - Grounds for Issuance 1.16.112 Warrants - Procedures for Issuance 1.16.113 Warrants - Execution 1.16.114 Warrants - Disposal of Seized Property 1.16.115 Voluntary Compliance Agreement 1.16.120 Notice - Notice of Violation and Letter of Complaint 1.16.140 Time to Abate Infraction After Notice 1.16.150 Immediate Remedial Action Required When ARTICLE I. GENERAL PROVISIONS a convenient and practical forum for the hearing L and determination of cases arising out of such ( Comment (SU]: 1.16.010. Existing text. 1.16.010 Title for Provisions infractions. The ordinance codified in this chapter The civil infractions procedures are intended to shall be known as the "civil infractions be used for all violations of the TMC other than ordinance," and may also be referred to herein as certain violations of Title 7 and Title 10. "this chapter." (Ord. 86 -20 §1(Exhibit A(1)), 1986). C. The civil infractions abatement procedures established herein are for the purpose 41.16.020 Establishment and Purpose of authorizing the city to proceed to abate such Comment [SL2]: 1.16.020. Existing text, infractions: modified to add administrative processes. A. The purpose of this chapter is to establish civil procedures for the enforcement of 1. if it is determined that certain provisions of the Tigard Municipal Code the infraction presents an immediate danger to (TMC). the public health, safety or welfare; or B. The procedures for the judicial 1 2. if it is determined that enforcement process and the administrative the property owner or responsible person is enforcement process{ established herein are for incapable of or unwilling to abate the infraction Comment (SL3]: I.16.020.B. Modified to allow the purpose of_ within a timeline satisfactory to the city. for both judicial and administrative abatement Comment [a4]: 1.16.020.C.2. Added to provide 1_ decriminalizing penalties for D. This chapter is adopted pursuant to the for administrative abatement. infractions of certain civil ordinances and home rule powers granted the City of Tigard by Article IV, Section 1 and Article XI, Section 2 2_ for-the -pu ce-of providing of the Oregon Constitution; Oregon Revised 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -3 SE Update: 6/09 4 Statutes 30.315 and Sections 4 and 21 of the disposition and maintenance thereof. Charter of the City of Tigard. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(2)), 1986). F. `Code enforcement officer' Comment [a12]: 1.16.030.F. From original means the individual or individuals appointed or 1.16.030 11.16.030 Definitions desated by the director of community Comment [5L5]: 1.16.030. Modified and development or the city manager to enforce the expanded with substantial additions for clarity and For the purposes of this chapter, the provisions of this chapter. For enforcement of precision following definitions shall apply: Chapters 10.16 through 10.32, Section 6.02.060 and Chapter 7.60, "code enforcement officer" A. mlog means to restore a also includes community service officers of the Comment [a6]: 1.16.030.A. From 7.40.125, property to its condition prior to the infraction, police department Modified to add graffiti. or similar condition that is free of the subject infractions. In the case of graffiti, "abate" G. `Finance officer' means the ( Comment [a13]: 1.16.030G. New. means to remove graffiti from the public view. senior financial officer of the city or the designee of the senior financial officer. B. `City manager' means the city Comment [a7]: 1.16.030.B. From 7.40.150 and manager or any other city employee designated H. `Letter of ComplaitJmeans a 7.61.010. by the city manager. letter of notification to a responsible party that Comment [a14]: 1.16.030.H. New the city has received a complaint indicating that C. `Civil infraction" or a violation may exist on the party's property. "infraction' means: Comment [a8]: 1.16.030.C. From existing I. `Notice of Assessment' means 1.16.030 1. the failure to comply a formal letter or form notifying a respondent or [Comment [a15]: 1.16.030.1. New i with a provision of this code other than certain recipient that an administrative fee, provisions of Title 7 and Title 10 and administrative costs or costs of abatement have been assessed against them or against property 2. the process of imposing in which they hold an interest. a civil penalty under this chapter. J. 1`Notice of Violation' means a ( Comment [a16]: 1.16.030.5. New References to "uniform infraction" formal letter or form notifying a responsible throughout the code other than in certain party that the city has probable cause to believe provisions of Title 7 and Title 10 shall be that a violation has been found to exist on the deemed to be references to "civil infraction." party's property. (Ord. 07 -03, Ord. 05 -08, Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(4)), 1986). K. `Order to Abate' means an ( Comment [all]: 1.16.030.K. New order to a respondent or responsible party to D. `Civil infractions hearings abate an infraction from the municipal court as • officer' means the municipal judge or the provided in Article II, or from the code Comment [a9]: 1.16.030.D. From existing individual appointed by the municipal judge enforcement officer as provided in Article III. 1.16.030 with the delegated authority to preside over the code enforcement hearings and to perform the L. r`Persoi#'l means an individual [ Comment [a18]: 1.16.030.L. New related functions as specified by this chapter. human being and may also refer to a firm, corporation, unincorporated association, E. iim - means any expenses partnership, limited liability company, trust, comment wok 1.16.030.E. From 7.61.010, incurred and charges associated with any action estate or any other legal entity. Modified for clarity. taken by the city under this chapter including but I not limited to the cost to the public of the staff M. 1``Premises'1 means a parcel of Comment [a19]: 1.16.030.M New definition. time invested and, regarding items confiscated land and any improvements on it.- for violation of 'Sections 6.03.010 and 6.03.02(1_ Comment [all]: 1.16.030.E These sections deal all expenses incurred and charges associated with confiscation of signs and other materials illegally placed or abandoned in the right of way. with the removal, storage, detention, processing, The text is currently found at 7.61.015 and 7.61.020. 1 16 Council Revised - 1 -10 -2012 AMS 1 -16-4 SE Update: 6/09 5 N. I`Recipiene means a person_ _ 1.16.040 Use of Language ( Comment [a20]: 1.16.030.N. New definition. who has received a Letter of Complaint under l C Comment [SL25]: 1.16.040. Existing text the administrative process. As used in this chapter, pronouns indicating the masculine gender shall include the NQ. f `Respondent'. means a person feminine and neuter genders; the singular Comment [a21]: 1.16.030.0. From existing charged with a civil infraction. A respondent pronouns shall include the plural; and "person" 1.16. 030, Modified to add administrative process. will have received a Notice of Violation or a shall, where appropriate, include any summons and complaint as provided in Article II partnership, corporation, unincorporated or an Order to Abate as provided in Article III. association, the State of Oregon or other entity. (Ord. 86 -20 §1(Exhibit A(14)), 1986). OP. 1`Responsible party'l means any Comment (a221: 1.16.030.P. From 7.40.020, I eeeof the following: 1.16.050 Reference to State Law , 7.40.125, and 7.61.010. Comment [SL26]: 1.16.050. Existing text 1. an owner, Any reference to an Oregon state statute incorporates into this chapter by reference the 2. an entity or person statute in effect on the effective date of the acting as an agent for an owner by agreement ordinance codified in this chapter. (Ord. 86 -20 that has authority over the property, is §1(Exhibit A(11)), 1986). responsible for the property's maintenance or management, or is responsible for curing or 1.16.060 Culpability, Not Exclusive, abating an infraction, Remedies Cumulative Comment [SL27]: 1.16.060. Existing text, expanded for clarity and to encompass 3. any person occupying A. Acts or omissions to act which administrative process the property, including bailee, lessee, tenant or are designated as an infraction by any city other having possession, ordinance do not require a culpable mental state as an element of the infraction. 4. the person who is alleged to have committed the acts or omissions, B. The procedures prescribed by created or allowed the condition to exist, or this chapter shall be the exclusive procedures for placed the object or allowed the object to exist imposing civil penalties; however, this section on the property, or shall not be read to prohibit in any way alternative remedies set out in the Tigard 5. a foreclosure or Municipal Code which are intended to abate or bankruptcy trustee. alleviate code infractions, nor shall the city be prevented from recovering, in any manner There may be more than one responsible prescribed by law, any costs incurred by it in party for a particular property or infraction. abating or removing ordinance infractions pursuant to any code provision. (Ord. 86 -20 Q. i`Violation ", means failure to §1(Exhibit A(3)), 1986). Comment [a23]: 1.16.030.Q. From existing comply with a requirement imposed directly or 1.16.030 indirectly by this code. "Violation" may also Kl. The remedies and procedures ( Comment [SL28]: 1.16.060.C. Added for clarity j mean civil infraction, except as used in those for abatement of civil infractions provided in portions of Chapter 7 and of Chapter 10 that do this chapter are in addition to all other remedies not use the civil infraction procedure. and procedures provided by law. Nothing in this chapter shall limit or restrict in any way the QR. "Voluntary Compliance city's right to obtain abatement by means of a Agreement" means an agreement, whether civil infraction, judicial action, an administrative Comment [a24]: 1.16.030.8. From existing written or verbal, between the city and the enforcement action, a criminal action, a civil 1.16.030 recipient or respondent, which is intended to lawsuit or any other form of procedure to obtain resolve the alleged civil infraction, abatement. 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -5 SE Update: 6/09 6 1.16.065 Liability Comment [5L29]: 1.16.065. New section added 1.16.09(1 Reports of Infractions for ci.,, ,n A. The city shall not be liable to [ Comment [SL32]:1.16.090. Existing text. any person for any loss or injury to person or All reports or complaints of infractions property growing out of any casualty or incident covered by this chapter shall be made or referred happening to such person or property on account to an authorized code enforcement officer. (Ord. of a property owner, lessee or occupant of 02 -27, Ord. 86 -20 §1(Exhibit A(5XA), 1986). property who fails or neglects to promptly comply with the duties imposed by this section. 1.16.100 Assessment by Code Enforcement Officer{ Comment [SL33]: 1.16.100. Title and text B. The city shall be exempt from modified for clarity. all liability, including but not limited to A. Upon receiving a report or common -law liability that it might otherwise complaint or otherwise becoming aware of a incur to an injured party as a result of the city's violation of this code, the code enforcement negligent failure to abate an infraction. officer shall review the facts and circumstances surrounding the alleged infraction and if he Of C. If any property owner, lessee or t:hc deems it appropriate will proceed with occupant, by his or her failure or neglect to appropriate enforcement actions. perform any duty required of him er —herby the terms of this section, contributes in causing B. The code enforcement officer injury or damages, they shall reimburse the city shall not proceed further with the matter if the for all damages or injury it has sustained or has officer determines that there is not sufficient been compelled to pay in such case, including evidence to support the allegation, or if the but not limited to reasonable attorney fees for officer determines that it is not in the best the defense of the same, and such payments as interest of the city to proceed. (Ord. 02 -27, Ord. may be enforced in any court having 86 -20 §1(Exhibit A(5XB)), 1986). jurisdiction. 1.16.105 Administrative Rules I Comment [SL34]: 1.16.105. Added to authorize 1.16.070 Effect of This Chapter' administrative rules per 2.04. See draft example The city manager is authorized to draft administrative rules under 4 tab. A. Citations or complaints issued and adopt administrative rules to define (Comment [SL30]: 1.16.070. Existing text. and filed with the municipal court prior to the procedures to work with respondents or effective date of the ordinance codified in this recipients toward the abatement of civil chapter shall be processed in accordance with infractions. Any such administrative rules and the provisions in effect at the time the complaint regulations shall be adopted pursuant to the was issued. provisions of Chapter 2.04, be consistent with this chapter and shall include the following: B. Nothing in this chapter shall be construed as a waiver of any prior assessment, A. specific form documents or bail or fine ordered by the municipal court. templates for all written communications (Ord. 86 -20 §1(ExhibitA (12)), 1986). referenced in this chapter to ensure that communications from the city are uniform, including a: _ ( Comment [SL31]: 1.16.080. Existing text The provisions of this chapter are 1. Letter of Complaint severable. If any section, sentence, clause or phrase of this chapter is adjudged to be invalid 2. Notice of Violation by a court of competent jurisdiction, that decision shall not affect the validity of the 3. Order to Abate remaining portions of the chapter. (Ord. 86 -20 §1(Exhibit A(13)), 1986). 4. Notice of Assessment 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -6 SE Update: 6/09 7 1. The code enforcement B. procedures for the preparation, officer shall first make a reasonable attempt to execution, delivery, and posting of notices of a: locate the owner or other persons having charge or control of the property, present proper 1. Letter of Complaint credentials and request entry. 2. Notice of Violation 2. If entry is refused or if the owner or other persons having charge or 3. Order to Abate control of the property cannot be located, the code enforcement officer may attempt to obtain 4. Notice of Assessment entry by obtaining a warrant. C. procedures for review by the 11.16.111 Warrants - Grounds for civil infractions hearing officer to consider Issuance Comment [SL36]: 1.16.111. New section, added protest by a responsible party of an to codify warrant procedures. Approved by city administrative Order to Abate consistent with A. A warrant for inspection, attorney. Section 1.16.420. investigation, removal or abatement purposes shall only be issued upon cause, supported by D. procedures for determination of affidavit, particularly describing: the time allowed to abate an infraction or otherwise respond as provided in a: 1. the applicant's status in applying for the warrant; 1. Letter of Complaint 2. the statute, ordinance or 2. Notice of Violation regulation requiring or authorizing the inspection or investigation or the removal and 3. Order to Abate abatement of the violation; E. procedures for the calculation of 3. the building or property administrative fees. to be inspected, investigated or entered; F. standards for confidential or 4. the purpose for which anonymous reporting and circumstances in the inspection, investigation, removal or which such reporting is allowed. abatement is to be made; 1.16.110 Warrants - Right of Entry 5._ the basis_ upon which Comment [SL35]: 1.16.110. New section, added to cause exists to inspect, investigate, remove or atto codf warrant procedures. Approved by city Y A. The city manager or designee abate the violation; and may enter property, including the interior of structures, at all reasonable times whenever an 6. in the case of removal inspection is necessary to enforce any or abatement, a statement of the general types regulations of this code, or whenever the city and estimated quantity of the items to be manager or designee has reasonable cause to removed or conditions abated. believe that there exists in any structure or upon any property any condition which constitutes a B. Cause shall be deemed to exist violation of provisions of this code. if: B. In the case of entry into areas of 1. reasonable legislative or property that are plainly enclosed to create administrative standards for conducting a privacy and prevent access by unauthorized routine, periodic, or area inspection or for persons, the following steps shall be taken. removing and abating violations are satisfied 1 16 Council Revised - 1 -10 -2012 AMS 1 - 16 - SE Update: 6/09 8 with respect to any building or upon any property to remove any person or obstacle and to property, or assist the representative of the city in any way 2. an investigation is necessary to enter the property and complete the reasonably believed to be necessary in order to investigation or remove and abate the infraction. discover or verify the condition of the property for conformity with regulations, or 1.16.113 Warrants - Execution _ Comment [SL38]: 1.16.113. New section, added to codify warrant procedures. Approved by city 3. there is cause to believe A. In executing a warrant on attorney. that a violation exists for which removal or occupied property the person authorized to abatement is required or authorized by this execute the warrant shall, before entry into the chapter. occupied premises, make a reasonable effort to present the person's credentials, authority and 11.16.112 Warrants - Procedure for purpose to an occupant or person in possession Issuance of the property designated in the warrant and Comment [SL37]: 1.16.112. New section, added show the occupant or person in possession of the to codify warrant procedures. Approved by city A. Before issuing a warrant, the-a property the warrant or a copy thereof upon attorney. judge may examine the applicant and any other request. witness under oath and shall be satisfied of the existence of grounds for granting such B. In executing a warrant on application. unoccupied property, the person authorized to execute the warrant need not inform anyone of B. If the judge is satisfied that the person's authority and purpose, as prescribed cause for the inspection, investigation, removal in subsection A above, but may promptly enter I or abatement of any infraction exists and that-the the designated property if it is at the time other requirements for granting the application unoccupied or not in the possession of any are satisfied, the judge shall issue the warrant, person or at the time reasonably believed to be particularly describing: in such condition. In such case a copy of the warrant shall be conspicuously posted on the 1. the person or persons property. authorized to execute the warrant, C. A warrant must be executed 2. the property to be within 10 working days of its issue and returned entered, and to the judge by whom it was issued within 10 working days from its date of execution. After 3. the purpose of the the expiration of the time prescribed by this inspection or investigation or a statement of the subsection, the warrant unless executed is void. general types and estimated quantity of the items to be removed or conditions abated. 1.16.114 Warrants - Disposal of Seized • Property Comment [SL39]: 1.16.114. New section, added C. The warrant shall contain a to codify warrant procedures. Approved by city direction that it be executed on any day of the The city manager or designee may cause attorney. week between the hours of 8:00 a.m. and 6:00 any items removed pursuant to an abatement p.m., or where the judge has specifically warrant to be disposed of in an approved manner determined, upon a showing that it cannot be whenever the city manager or designee, in his or effectively executed between those hours, that it her sole discretion, finds that the fair and be executed at any additional or other time of the reasonable value of the items at resale would be day or night. less than the cost of storing and selling the items. In making the above determination, the D. In issuing a warrant, the judge city manager or designee may include in the may authorize any peace officer, as defined in costs of sale the reasonable cost of removing the Oregon Revised Statutes, to enter the described items to a place of storage, of storing the items 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -8 SE Update: 6/09 9 for resale, of holding the resale including violation of this code, the code enforcement reasonable staff allowances and all other officer may cause a notice of the alleged civil reasonable and necessary costs of holding the infraction to be given to any responsible party sale. for the property containing the alleged infraction. 11.16.115 Voluntary Compliance Agreement _ B. Under the judicial enforcement Comment [5140]: 1.16.115. Existing text process set forth in Article II, a Notice of moved to Article I from current 1.16.200 with minor A. The code enforcement officer Violation for the alleged civil infraction may be revisions. Applies both judicial and g Y administrative processes. may, at any time prior to a first appearance in given to the responsible party before a civil court, enter into a Voluntary Compliance infraction summons and complaint is issued for Agreement with a respondent or recipient. The an infraction. Verification of the violation is a agreement shall include the time allowed to requirement for a Notice of Violation. A Notice abate the infraction and shall be binding on the of Violation is not required before a summons respondent or recipient. and complaint is issued. The use of a Notice of Violation is at the sole discretion of the code B. The fact that a person alleged to enforcement officer. have committed a civil infraction enters into a Voluntary Compliance Agreement shall not be C. Under the administrative considered an admission of having committed enforcement process set forth in Article III, a the infraction for any purpose. Letter of Complaint may be mailed to any responsible party for the property containing the C. The city shall suspend further alleged civil infraction. Verification of the processing of the alleged infraction during the violation is not a requirement for issuing a Letter time allowed in the Voluntary Compliance of Complaint but the issuance of a Letter of I Agreement for the completion of the necessary Complaint is a required first step in the corrective action. The city shall take no further administrative process. (Ord. 02 -27, Ord. 86 -20 action concerning the alleged violation if all §1(Exhibit A(5XC)(2)), 1986). terms of the Voluntary Compliance Agreement Comment ta42]: 1.16.130. Section repealed and are satisfied, other than steps necessary to 1 1.16.140 Time to Abate Infraction deleted. Number not reassigned. terminate the enforcement action. After Notice Comment [SL43]: 1.16.140. Retitled and expanded to include Voluntary Compliance D. Failure to comply with any term A. If a Notice of Violation or a Agreement and administrative process of a signed Voluntary Compliance Agreement Letter of Complaint is given to a recipient or constitutes an additional and separate infraction respondent pursuant to this chapter, the code which shall be handled in accordance with t# enforcement officer shall give the recipient or procedures established by this chapter. After the respondent a feascle- specific timeline within Voluntary Compliance Agreement has been which to cure or abate the alleged infraction signed no further notice need be given before a after the notice in givon.consistent with civil infraction summons and complaint based subsection 1.16.140.B. on this infraction is issued. The city may also proceed on the alleged infraction that gave rise B. The time allowed shall not be to the Voluntary Compliance Agreement. (Ord. less than 24 hours for a Notice of Violation or 02 -27, Ord. 86 -20 §](Exhibit A(5XC)(10)), five days for a Letter of Complaint, nor more 1986). than 30 days except in cases where compliance is voluntary and the code enforcement officer 1.16.120 Notice - Notice of Violation deems it appropriate to enter into a Voluntary and Letter of Complaint Compliance Agreement with the recipient or Comment [SL41]: 1.16.120. Retitled and respondent significantly modified to incorporate both the A. Upon receiving a report or judicial and administrative processes. complaint or otherwise becoming aware of a 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -9 SE Update: 6/09 10 C. The code enforcement officer enforcement officer is unable to serve a Notice may grant additional time to the respondent if, in of Violation or Letter of Complaint on the the officer's judgment, compliance within the recipient or respondent or, if after such service 30 -day timeline would constitute a significant the recipient or respondent refuses or is unable I hardship to the recipient or respondent or other to remedy the infraction, the city may proceed to significant mitigating circumstances exist. (Ord. remedy the infraction as provided in subsection 02 -27, Ord. 86 -20 §1(Exhibit A(5XCX4)), C below. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit 1986). A(5XC)(5)), 1986). 1.16.150 Immediate Abatement Action C. In the case of an immediate Required When danger to the public health, safety or welfare Comment [SLAM: 1.16.150. Retitled, existing determined under subsection A, the city may text for Subsections A and B. A. Notwithstanding the abatement abate the infraction and charge the abatement time periods contained in Section 1.16.140, if cost back to the recipient or the code enforcement officer determines that the , {mdentr-ettxm4e44, after obtaining a warrant alleged infraction presents an immediate danger to enter the property and abate the infraction. If to the public health, safety or welfare, or that the immediate danger constitutes an emergency any continuance of the violation would allow the threatening immediate death or physical injury recipient or respondent to profit from the to persons, the city may abate the infraction violation or would otherwise be offensive to the without obtaining a warrant if the delay public at large the officer may require immediate associated with obtaining the warrant would remedial action. result in increased risk of death or injury, and may charge the abatement costs back to the B. If, in such cases, the code recipient or respondentraspondcnt. Comment [a45]: 1.16.150.0 moved from current 1.16340 to apply in all circumstances. ARTICLE II. JUDICIAL ENFORCEMENT 1.16.160 Notice - Methods of Service 1.16.170 Notice - Computation of Time Period 1.16.180 Notice - Information 1.16.190 Failure to Respond to Notice 1.16.200 Voluntary Compliance Agreement 1.16.210 Civil Infraction Summons and Complaint - Timing 1.16.220 Civil Infraction Summons and Complaint - Process Requirements 1.16.230 Civil Infraction Summons and Complaint - Service - Failure to Receive - Default 1.16.240 Civil Infraction Summons and Complaint - Respondent's Response Required 1.16.250 No Right to Jury 1.16.260 Representation by Counsel 1.16.270 Opportunity to be Heard - Cross - Examination 1.16.280 Witnesses 1.16.290 Hearing - Admissible Evidence 1.16.295 Burden of Proof 1.16.300 Hearing - Decision by Hearings Officer 1.16.310 Order to Abate - Judicial 1.16.320 Hearing - Records 1.16.330 Finality of Decision - Appeals. 1.16.340 Remedial Action by City - Summary Abatement 1.16.350 Default Judgment ARTICLE II. JUDICIAL I ENFORCEMENT 1 16 Council Revised -1 -10 -2012 AMS 1 -16 -10 SE Update: 6/09 11 state. 1.16.160 Notice - Methods of Service Comment [SL46I: 1.16.160. Retitled and C. Where the Notice of modified to clarify the Notice of Violation process If a Notice of Violation is given to a Violation is affixed to the main door of the respondent pursuant to this chapter, service of property or premises, for purposes of such notice may be made as follows: computing the time period to abate the infraction, notice shall be considered A. a Notice of Violation may be complete three days after such affixation. given to the respondent in person by the code (Ord. 02 -27, Ord. 86 -20 §1(Exhibit enforcement officer. A(5)(C)(7)), 1986). B. a Notice of Violation may be 1.16.180 Notice - Informationl _ - _ _ Comment [SL48]: 1.16.180. Existing text with given by a telephone call to the respondent. If minor modification for clarity. notice is given in this manner, the respondent A. The following information may be given, at the code enforcement shall be included in the Notice of Violation if officer's discretion, a Notice of Violation by one is given: first class mail sent to his last known address 1. a description or as soon as possible after the initial notice by identification of the activity or condition telephone. constituting the alleged infraction, and the identification of the recipient as the C. a Notice of Violation may be respondent; given by mailing to the respondent at his last known address. 2. a statement that the code enforcement officer has determined the D. a Notice of Violation may be activity or condition to be an infraction; given by affixing to the main door of the property or premises. If notice is given in this 3. a statement of the manner, the code enforcement officer may, at action required to abate the alleged infraction his or her discretion, also provide the and the time and date by which abatement respondent with a Notice of Violation by mail must be completed unless a Voluntary sent to the respondent's last known address as Compliance Agreement is executed; soon as possible after the initial notice by posting. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit 4. a statement advising A(5)(C)(6)), 1986). the respondent that if the required abatement is not completed within the time specified and 1.16.170 Notice - Computation of the respondent has not entered into a Time Period Voluntary Compliance Agreement, a civil Comment [5L47]: 1.16.170. Existing text with infraction summons and complaint will be minor modification for clarity. A. Where the Notice of issued and civil penalties for the particular Violation is delivered in person or by infraction may be imposed. telephone the time period to abate the infraction shall begin immediately upon such B. The code delivery. enforcement officer has the discretion to include in the Notice of Violation fmay-inelude B. Where the Notice of an invitation to contact the code enforcement Violation is mailed to the respondent, notice officer to discuss any questions the to abate the infraction shall be considered respondent may have about the alleged complete three days after such mailing, if the violation, the requirements for compliance address to which it is mailed is within the and any possibility of entering into a state, and seven days after mailing if the Voluntary Compliance Agreement. (Ord. 02- address to which it is mailed is outside the 27, Ord. 86 -20 §1(Exhibit A(5XCX8)), 1986). 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -11 SE Update: 6/09 12 and the court date is included. 1.16.190 Failure to Respond to Notice B. The civil infractions Comment [51.49]: 1.16.190. Existing text with summons and complaint shall contain the minor modification for clarity. If notice is given, and the respondent following information: either receives or rejects the Notice of Violation and fails to abate the alleged 1. the name and address infraction within the time specified in the of the respondent; Notice of Violation, the code enforcement officer may serve the respondent with a civil 2. a description of the infraction summons and complaint. (Ord. 02- infraction that can be understood by a person 27, Ord. 86 -20 §1(Exhibit A(5)(C)(9)), 1986). making a reasonable effort to do so; I ( Comment [SL50]: 1.16.200. Moved to 1.16.115 4.16.210 Civil Infraction Summons 3. the date, time and and Complaint - Timing place at which the infraction is alleged to have Comment [SL51]: 1.16.210. Existing text with been committed. If the infraction is alleged to minor modification for clarity A civil infraction summons and be ongoing, the civil infractions summons and complaint may be served on the respondent: complaint shall so state and shall list a date on which the infraction was observed; A. immediately upon discovery of the infraction; or 4. a file or reference number, B. (where the response period ( Comment [a52]: 1.16210.E revised for clarity. given in a Notice of Violation; 5. the date the civil infraction summons and complaint was has expired; or issued; IC. 1where the period for 6. the name of the code [Comment [a53]: 1.16.210.0 revised for clarity. compliance given in a Voluntary Compliance enforcement officer issuing the citation; Agreement has 7. the time, date and has- expired and the infraction has not been location at which the respondent is to appear abated. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit in court; A(5XDX1)), 1986) . 8. a notice that a 1.16.220 Civil Infraction Summons complaint based on the violation will be filed and Complaint - Process with the court; Requirements Comment [SL54]: 1.16220. Existing text with 9. the amount of the minor modification for clarity. A. The physical form taken by a maximum civil penalty for the infraction; civil infraction summons and complaint is not material. What is material is the substance, 10. an explanation of the the information contained therein. The city respondent's obligation to appear at the may utilize various physical formats for the hearing and that a monetary judgment may be summons and complaint. The state uniform entered for up to the maximum civil penalties citation may be used. Any form prepared by if the respondent fails to make all required the city should normally contain or solicit the court appearances; following information, but no complaint or summons shall be considered invalid for 11. a space wherein the failure to comply with these rules, so long as respondent may admit having committed the the basic information regarding the infraction alleged infraction; 1 16 Council Revised -1 -10 -2012 AMS 1 -16 -12 SE Update: 6/09 13 C. Service at the respondent's 12. the time period for office must be made during regular business returning the form to the court; hours. Substitute service at the respondent's office must be made to the person who is 13. a notice that, if the apparently in charge. respondent admits having committed the infraction as charged, payment, in the amount D. If substitute service is used a shown on the summons and complaint or as true copy of the summons and complaint, agreed with the code enforcement officer together with a statement of the date, time and pursuant to 1.16.660 of this chapter, as may place at which service was made, must be be appropriate, must accompany the mailed to the respondent at the respondent's admission; and last known address. Service will be considered complete upon such a mailing. 14. a form of verification that the person signing the complaint swears E. Service by any other method that the person has reasonable grounds to reasonably calculated, under all the believe, and does so believe, that the circumstances, to apprise the respondent of respondent committed the alleged infraction. the existence and pendency of the infraction (Ord. 02 -27, Ord. 86-41 § §1 - 4, 1986; Ord. and to afford a reasonable opportunity to 86 -35 § §1 - 4, 1986; Ord. 86 -20 §1(Exhibit respond shall be acceptable. A(5XDX2)), 1986). F. Service on particular '1.16.230 Civil Infraction Summons respondents, such as minors, incapacitated and Complaint - Service - persons, corporations, limited partnerships, Failure To Receive - Default the state, other public bodies and _eneral Comment [SL55]: 1.16.230. Existing text with partnerships shall be as prescribed for the minor modification for clarity A. Service of the civil infraction service of a civil summons and complaint by summons and complaint shall be made the Oregon Rules of Civil Procedure. consistent with the requirements of the Oregon Rules of Civil Procedure and may be G. No default shall be entered made by: against any respondent without proof that the respondent had notice of the civil infraction 1. personal service on summons and complaint. A sworn affidavit the respondent or an agent for the respondent, of the code enforcement officer outlining the method of service, including the date, time 2. substitute service at and place of service shall create a rebuttable the respondent's dwelling or office, presumption that the respondent had such notice. (Ord. 02 -27, Ord. 89 -21 §1, 1989: 3. affixing to the main Ord. 86 -20 §1(Exhibit A(5XDX3)), 1986). door of the property or premises, or by 1.16.240 Civil Infractions Summons 4. certified mail, return and Complaint - receipt requested, to the respondent at his last Respondent's Response known address. Required [ Comment [SISrr]: 1.16.240. Existing text with l minor modification for clarity. B. In the event of substitute A. A respondent served with a service at the respondent's dwelling, the civil infraction summons and complaint shall person served must be at least 14 years of age respond to the complaint by personally and residing in the respondent's place of appearing at the scheduled first appearance in abode. court or by making a written response by mail or personal delivery to the court. 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -13 SE Update: 6/09 14 The respondent may be represented B. If the respondent admits the by legal counsel; however, legal counsel shall infraction, the respondent may so indicate on not be provided at public expense. Written the summons and forward the form to the notice shall be provided to the hearings officer court. Payment in the amount of the civil and code enforcement officer no later than penalty for the infraction, as shown on the five days prior to any appearance by legal summons or as agreed with the code counsel at an appearance or hearing. (Ord. enforcement officer pursuant to section 02 -27, Ord. 86 -20 §1(Exhibit A(5)(FX2)), 1.16.660 of this chapter shall be submitted 1986). with the response. An appropriate findings shall be entered in the records of the civil 1.16.270 Opportunity to be Heard - infraction hearings officer indicating the Cross - Examination [ comment [SL59]: 1.16.270. Existing text ) receipt of the civil penalty. At a hearing a respondent shall have C. If the respondent does not the right to present evidence and witnesses in admit the infraction, the respondent must the respondent's favor, to cross - examine any appear at the scheduled first appearance in witnesses who testify against the respondent, court. and to submit rebuttal evidence. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(5)(F)(3)), 1986). 1. At the first appearance, the respondent may deny the infraction and request a hearing, admit the 1.16.280 Witnesses [ comment ($1.60]: 1.16.280. Existing text ) ---- - - - - -- infraction, or not contest the infraction. A. The respondent may request 2. If the respondent that witnesses be ordered by subpoena to either admits or does not contest the infraction appear at the hearing. The respondent shall the respondent shall be given the opportunity make such request in writing to the court at to provide a statement. Based on the least five days prior to the scheduled hearing. statement provided by the respondent and any additional information provided by the code B. Subject to the same five -day enforcement officer, the civil infractions limitation, the code enforcement officer, the hearings officer shall impose a civil penalty citizen who signed the complaint or the city not to exceed the maximum civil penalty attorney, as appropriate, may also request in allowed for the infraction. writing that the court order certain witnesses to appear by subpoena. 3. If the respondent requests a hearing, a hearing shall be C. If a civil penalty is declared scheduled. (Ord. 02 -27, Ord. 86-41 §5, 1986; in the final order, the order shall also provide Ord. 86 -35 §5, 1986; Ord. 86 -20 §1(Exhibit that the respondent shall pay any witness fees A(5)(E)), 1986). payable in connection with the hearing. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(5)(FX4)), 1.16.250 No Right to Jura, _ - _ _ 1986). [ Comment [5a57]: 1.16.250. Existing text. ) Any hearing to determine whether an 1.16.290 Hearing - Admissible infraction has been committed shall be held Evidence Comment [SL61]: 1.16.290. Existing text with before the civil infraction hearings officer minor modification for clarity. without a jury. (Ord. 86 -20 §1(Exhibit A. The hearing shall be limited A(5XF)(1)), 1986). to production of evidence only on the infraction alleged in the complaint. 1.16.260 Representation by Counsel [ Comment [SL58]: 1.16.260. Existing text B. Oral evidence shall be taken 1 16 Council Revised -1 -10 -2012 AMS 1 - 16 - 14 SE Update: 6/09 15 only upon oath or affirmation administered by 1.16.310 Order to Abate - Judicial Comment [a65]: 1.16.310. Current text moved the civil infractions hearings officer. from current 1.16.305. Retitled and modified to address appeals process. Upon a finding that the infraction was — - - - C. Evidence shall be admitted if committed by the respondent, the hearings Comment [a66]: 1.16.310. Current text moved to 1.16.680.A it is of the type which responsible persons are officer may issue an Order to Abate requiring accustomed to rely on in the conduct of the respondent to abate the ordinance serious affairs, regardless of the existence of infraction within a specified time period any common law or statutory rule which identified in the final order. Orders to Abate might render such evidence inadmissible in issued under this section may only be civil actions in courts of competent appealed pursuant to 1.16.330. (Ord. 89 -21 jurisdiction in this state. §3, 1989). Comment [a67]: 1.16.310. Proposed text was moved from 1.16.305 and modified. D. Irrelevant or unduly 11.16.320 Hearing - Records 1 Comment [SL68]: 1.16.320. Existing text repetitious evidence shall be excluded. • The court shall maintain a record of Comment [a62]: Current 1.16.290.2 moved to 1.16.295 Burden of Proof the hearing proceedings. A mechanical new Section 1.16 295 for clarity. recording of the hearing, accompanied by any Comment [SL63]: 1.16.295. New section, The complainant or, if the city is the written documents, correspondence or existing text extracted from 1.16.290 complainant, the code enforcement officer, physical evidence associated with the matter shall have the burden of proving the alleged shall be sufficient to meet the requirements of civil infraction by a preponderance of the this section. (Ord. 02 -27, Ord. 86 -20 evidence. (Ord. 86 -20 §1(Exhibit A(5XF)(5) §](Exhibit A(5)(F)(9)), 1986). and (6)), 1986). 1.16.330 Finality of Decision - 1.16.300 Hearing - Decision by Appeals ( Comment [SL69]: 1.16.330, Existing text Hearings Officer ? Comment [SL64]: 1.16.300. Existing text 5 J The determination of the hearings A. The hearings officer shall officer shall be final. Review of the hearing determine if the respondent committed the officer's determination shall be to the circuit infraction as alleged in the complaint. court by writ of review, pursuant to Chapter 34 of the Oregon Revised Statutes. (Ord. 86- B. When the infraction has not 20 §1(Exhibit A(5)(F)(10)), 1986). been proven, a written order dismissing the complaint shall be entered in the court 1.16.340 Remedial Action by the records. City - Summary Abatement Comment [SL7o]: 1.16.340. Existing text with minor modification for clarity . Subsections 2 - 6 C. When the hearings officer Upon finding that an infraction was relocated. See comments at those subsections. finds that the infraction was committed, committed, as determined by a final decision written findings shall be prepared which set of the hearings officer, the city may, after out sufficient information to substantiate the obtaining a warrant to enter the property and commission of the infraction. abate the infraction, proceed to abate the infraction and charge the abatement costs D. Written orders, including back to the respondent pursuant to Comment [all]: 1.16.340.2. Text moved to findings, shall be prepared within ten working 1.16.680.C. For the purposes of this 1.16.150.c. days of the oral decision. The court shall subsection "a final decision of the hearings Comment [a72]: 1.16.340.3. Text moved to serve true copies of the hearings officer's officer" means a final decision for which 1.16.110. findings, order and judgment on all parties, judicial review was not sought within the time Comment [a73]: 1.16.340.4. Text moved to either personally or by mail. (Ord. 02 -27, allowed by law or a decision of the hearings 1.16.680.c. Ord. 89 -21 2 1989: Ord. 86 -20 §1 (Exhibit officer that was upheld by a final decision in Comment [a74]: 1.16.350.5. Text moved to § § ( P Y 1.16.690.0 A(5XFX7)), 1986). the judicial review and appeal process. I Comment [a75]: 1.16.340.6. Text moved to 1.16.710.C. 1 16 Council Revised -1 -10 -2012 AMS 1 -16 -15 SE Update: 6/09 16 1.16.350 Default Judgment penalty applicable to the charged infraction if Comment [St_76]: 1.16.350. Existing text with the respondent fails to appear at the scheduled minor modification for clarity Subject to the limitations set forth in hearing. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit Section 1.16.230, a default judgment shall be A(7)), 1986). entered in an amount up to the maximum civil ARTICLE III. ADMINISTRATIVE ENFORCEMENT 1.16.400 Order to Abate - Administrative 1.16.410 Abatement by the Responsible Party 1.16.420 Order to Abate - Administrative - Appeals Process 1.16.430 Abatement by the City 1.16.440 Judicial Review ARTICLE III. ADMINISTRATIVE D. The code enforcement officer ENFORCEMENT shall cause a copy of the Order to Abate to be posted on the premises at the site of the 1.16.400 Order to Abate — violation. Administrative Comment 1a77]: 1.16.400. New section E. An Order to Abate shall be establishing administrative Order to Abate. A. Upon finding any of the mailed by first class or certified mail to the following the code enforcement officer may last known address of the responsible party. cause an Order to Abate to be posted on the An Order to Abate shall contain: subject property and mailed to the owner and 1. a description of the each other known responsible party: real property, by street address or otherwise, on which the infraction exists. 1. a violation exists, or 2. the date of the order. 2. any responsible party is not responsive or cooperative after 3. a direction to abate receiving a Letter of Complaint, or the infraction within no less than 10 days and no more than 30 days from the date of the 3. a recipient failed to order. comply with the terms of a Voluntary Compliance Agreement, 4. a description of the infraction. B. The order shall require the respondent to abate the ordinance infraction 5. a statement that, within a specified time period. unless the infraction is removed: C. Prior to mailing or posting an a. a warrant Order to Abate, the code enforcement officer may be obtained, must have probable cause to believe that a civil infraction exists, based on personal b. the city may observation of the violation by the code abate the infraction, and enforcement officer or other credible authority. c. the cost of abatement will be charged to the responsible party. 1 16 Council Revised -1 -10 -2012 AMS 1 -16 -16 SE Update: 6/09 17 the order or at most within 10 days of the date 6. a statement that of the notice. Standing to protest is limited to failure to abate an infraction may result in a responsible party. imposition of an administrative fee or lien on the property. B. Upon receipt of a written statement of protest from a responsible party, 7. a statement that the the code enforcement officer shall, within 10 responsible party may protest the Order to days of receipt of the protest, schedule a Abate by giving notice to the code hearing before the civil infractions hearings enforcement within 10 days following the officer, to be held within 30 days of receipt. date of the order. Contact information for the code enforcement officer shall be included in C. At the hearing set for the Order to Abate. consideration of the infraction, the person protesting may appear and be heard by the F. Upon completion of mailing civil infractions hearings officer and the civil and posting, the persons mailing and posting infractions hearings officer shall determine shall execute and file certificates stating the whether or not an infraction in fact exists. date and place of the mailing and posting, The city manager is authorized to draft and respectively. adopt rules and policies to provide for a civil infractions hearings officer review process G. An error in the address or consistent with this subsection and principles name of the responsible party shall not make of due process. The civil infractions hearings the Order to Abate void, and in such case the officer's determination shall be required only posted notice shall be sufficient. in those cases where a written protest has been filed as provided in this section. 1.16.410 'Abatement by the Responsible Party D. If the civil infractions Comment (a78]: 1.16.410. New section hearings officer determines that an infraction requiring abatement by responsible party J A. Within the timeline specified does in fact exist, the responsible party shall, Comment (a79]: 1.16.410. Existing text moved in the Order to Abate, the responsible party within five days after the civil infractions to 1.16.640. shall abate the infraction or appeal the Order hearings officer's determination, abate the to Abate pursuant to 1.16.420. infraction, unless the civil infractions hearings officer determines that the responsible party B. Any responsible party should not be given the opportunity to abate intending to abate the infraction shall provide or unless the civil infractions hearings officer notice to the code enforcement officer before decision allows a period of time greater than abating the infraction and shall allow the city five days. to inspect during and on completion of the abatement. The notification shall state how E. The civil infractions hearings the infraction will be abated, when it will be officer may determine that the responsible abated, and who will be abating it. party for the infraction should not be given the opportunity to abate only if the civil 1.16.420 Order to Abate - infractions hearings officer finds that the [Comment [SL80]: 1.16.415. Moved to 1.16.650 Administrative - Appeal responsible party for the infraction is unlikely Process to properly abate the infraction. The Comment [a81]: 1.16.420. New section determination that a responsible party is providing appeal process for administrative A. A responsible party protesting unlikely to properly abate the infraction shall enforcement option that the alleged infraction does not exist shall be based on the findings as to one of the to Com [a82]: 1.16.420. Existing text moved file with the code enforcement officer a following: ' written statement specifying the basis for the protest before the abatement date specified in 1 16 Council Revised -1 -10 -2012 AMS 1 -16 -17 SE Update: 6/09 18 1. whether the person If, within the time allowed, the acted intentionally or whether the infraction is infraction has not been abated by the egregious; or responsible party, the city manager may cause the infraction to be abated by securing an 2. whether the person abatement warrant pursuant to sections had knowledge that the action was a violation 1.16.110 through 1.16.114. of state law or city code; or 1.16.440 Judicial Review Comment [SL85]: 1.16.440. New section 3. whether the person regarding judicial review of a decision by the civil has the professional expertise to perform the Judicial review of a decision of the infractions healing officer of an appeal abatement. civil infractions hearings officer on the appeal of an Order to Abate shall be on the record by 1.16.430 Abatement by the City, writ of review pursuant to ORS C hapter 34 Comment [883]: 1.16.425. Existing text moved and not otherwise. to 1.16.670. Comment [SL84]: 1.16.430. New section providing for abatement by the city under warrant ARTICLE IV. PENALTIES, FEES AND COSTS 1.16.600 Continuous Infractions 1.16.610 Failure to Comply With Judgment Order, Order to Abate or Notice of Assessment 1.16.620 Penalties, Fees and Costs - Payment 1.16.630 Penalties and Fees - Classifications 1.16.640 Penalties and Fees - Amounts to be Assessed 1.16.650 Penalties and Fees - Repeat Violations 1.16.660 Penalties and Fees - Prior to First Appearance in Court 1.16.670 Delinquent Civil Penalties, Fees and Costs 1.16.680 Penalties, Fees and Costs - Assessment 1.16.690 Administrative Fees and Costs - Notice of Assessment 1.16.700 Administrative Fees and Costs - Notice of Objection and Hearing 1.16.710 Penalties, Fees and Costs - Collection, Lien Filing and Docketing ARTICLE IV. PENALTIES, FEES AND civil penalty or court costs imposed within the COSTS time allowed for abatement or payment shall constitute a Class 1 civil infraction. 1.16.600 Continuous Infractions _ Comment [SL86]: 1.16.600. Existing text, B. Failure to comply with an moved from current 1.16.380. When an infraction is of a continuous administrative Order to Abate an infraction or nature, unless otherwise specifically provided, to pay an administrative fee or statement of a separate infraction shall be deemed to occur administrative or abatement costs within the on each calendar day the infraction continues time allowed for such abatement or payment to exist. (Ord. 86 -20 §1(Exhibit A(8XA)), in a Notice of Assessment shall constitute a 1986). Class I Civil Infraction. 1.16.610 Failure to Comply With C. Failure to comply with a Judgment Order, Order to judgment order, an Order to Abate or a Notice Abate or Notice of of Assessment is a continuous infraction and a Assessment separate infraction will be deemed to Comment [SL87]: 1.16.610. Existing text, each calendar day the failure to comply moved from current 1.16.385, expanded to include A. Failure to comply with a infraction continues to exist past the time administrative process. judicial Order to Abate an infraction or pay a allowed in the judgment order. (Ord. 89 -21 1 16 Council Revised -1 -10 -2012 AMS 1 -16 -18 SE Update: 6/09 19 §4, 1989). B. For Class 2 infractions, an amount not to exceed $150 per day; 1.16.620 Penalties, Fees and Costs - Payment Due When C. For Class 3 infractions, an Comment NBC: 1.16.620. Existing text, moved amount not to exceed $50 per day. (Ord. 86- from current 1.16390. Any civil penalty administrative fees, 20 §1(Exhibit A(8)(D)), 1986). or costs assessed shall be paid no later than 30 days after the final order or the date of notice. 1.16.650 Penalties and Fees - Repeat Such period may be extended by the code Violations Comment [SL91]: 1.16.650. Existing text, enforcement officer for the administration l moped from current 1.16.415 with minor revisions process or upon order of the hearings officer. The maximum amounts of the civil (Ord. 86 -20 §1(Exhibit A(8XB)), 1986). penalties and administrative fees set forth in 1.16.640.A.1, 1.16.640.B and 1.16.640.0 shall 1.16.630 Penalties and Fees - be doubled in the event that the respondent is Classifications _ _ found in violation of a second and similar Comment [SL89]: 1.16.630. Existing text, violation within 24 months of the initial moved from current 1.16.400 For the purpose of determining civil violation and quadrupled in the event of a penalties and administrative fees, infractions third or subsequent repetition within 24 are classified in the following categories: months of the initial violation. (Ord. 02 -27). A. Class 1 infractions; ;1.16.660 Penalties and Fees - Prior to B. Class 2 infractions; First Appearance in Court Comment [SL92]: 1.16.660. Existing text, moved from current 1.16.420 and expanded to include administrative process and fees C. Class 3 infractions. (Ord. 86- The code enforcement officer is 20 §1(Exhibit A(8XC)), 1986). authorized to reduce the amount of a civil penalty that could be imposed or the amount 1.16.640 Penalties and Fees 1 of an administrative fee if compliance has Amounts to be Assessed been achieved and the amount is to be paid in Comment (5L90]: 1.16.640. Existing text full on or before the time and date of the first moved from current 1.16.410. The civil penalty or administrative fee appearance in court or before the timeline set to be assessed for a specific infraction shall be out in a Letter of Complaint or an Order to as follows: Abate. (Ord. 02 -27). A. For Class 1 infractions, 1.16.670 Delinquent Penalties, Fees and Costs Comment (a93]: 1.16.670. Existing text, moved 1. an amount not to from 1.16.425 and expanded to include exceed $250 per day under either the judicial Delinquent civil penalties, administrative fees. or the administrative enforcement process, or administrative fees or costs and penalties imposed by default judgment may be 2. under the collected or enforced pursuant to Oregon administrative enforcement process, an Revised Statutes 30.310 or any other method. amount: (Ord. 02 -27, Ord. 86 -20 §1(Exhibit A(8)(E)), a. computed in a 1986). manner established by administrative rule pursuant to 1.16.105 1.16.680 Penalties, Fees and Costs - Assessment Comment [SL94]: 1.16.680. New section, b. for the entire subsection A is text from current 1.16.310 with B and C added to encompass administrative fees and period the violation exists and not for each A. Upon a finding by the civil abatement costs day of the violation. infractions hearings officer that an infraction was committed by the respondent, the civil 1 16 Council Revised -1 -10 -2012 AMS 1 -16 -19 SE Update: 6/09 20 infractions hearings officer may assess a civil 1.16.700 Administrative Fees and penalty pursuant to Sections 1.16.600 through Costs - Notice of Objection 1.16.650, plus costs. and Hearing Comment [5L96]: 1.16.700. New section to provide for an appeal of an assessment of fees and costs B. Upon a finding by the code If an objection to an administrative enforcement officer that an infraction was fee or costs is filed as provided in Section committed by the respondent and if, within 1.16.690, the code enforcement officer shall, the time allowed in an Order to Abate, the within 10 days, cause a hearing to be infraction has not been abated by the scheduled to be held within 30 days before the responsible party, the code enforcement civil infractions hearings officer. The civil officer may assess an administrative fee infractions hearing officer shall hear the pursuant to Sections 1.16.600 through objection and determine the amount of the fee 1.16.650, plus costs. and costs to be assessed including the costs to the city of responding to the objection if the C. For abatement of a violation city's position is sustained. by the city by judicial process pursuant to Section 1.16.340 or administrative process 1.16.710 Penalties, Fees and Costs - pursuant to Section 1.16.430 the code Collection, Lien Filing and enforcement officer shall keep an accurate Docketing Comment [597]: 1.16.710. New section to record of the costs incurred by the city in provide for documentation of penalties, fees, and abating the violation. The total amount of A. When a ud ent is rendered costs and the means of collecting them. Subsections .) A, D, and H are drawn from current 1.16.370.1, 2, & these charges will be assessed against the by the hearings officer in favor of the city for 5. Subsections B, D, E, F, & G added to clarify and responsible party as the cost of abatement. the sum of $100 or more, exclusive of costs, modernize the described process. the code enforcement officer shall, at any time ,1.16.690 Administrative Fees and thereafter while the judgment is enforceable, Costs - Notice of Assessment file with the .city _finance _officer a certified Comment [a95]: 1.16.690. New section creating transcript of all those entries made in the Notice of Assessment. Upon the assessment of docket of the hearings officer with respect to administrative fees or costs pursuant to the action in which the judgment was entered. Section 1.16.680 the code enforcement officer shall forward to all persons responsible for the B. An assessment of the violation a Notice of Assessment stating: administrative fees and costs as stated in the Notice of Assessment shall be made if: A. the total administrative fees and costs, if any, assessed for the violation; 1. no objection to administrative fees and costs is filed as B. that the total amount of the provided in Section 1.16.700 or; fees and costs as indicated will be assessed to and become a lien against the property of 2. fees or costs remain persons responsible for the violation unless applicable following a hearing on an objection paid within 30 days from the date of the and the fees and costs are not paid within 30 notice; days from the date of the notice or the date of the hearing order. C. that any responsible party for the fees and costs may file a written notice of C. The code enforcement officer objection to the amount of the fees and costs shall file with the city finance officer a with the code enforcement officer not more certified statement of the total fees and costs than 10 days from the date of the notice. due. 1 16 Council Revised -1 -10 -2012 AMS 1 -16 -20 SE Update: 6/09 21 D. Upon receiving the statement of total fees and costs due or the certified transcript, the city finance officer shall enter that total on the city's lien docket. E. The city may bring legal action to collect any civil penalties, fees, costs or interest provided for in this chapter. The city may also use a professional collection agency, or cause the full amount of civil penalties, fees, costs or interest owed to be entered into the city's lien docket and, from the time of entry on the city's lien docket it shall constitute a lien upon property of all persons responsible for the violation. F. A lien shall bear interest at the rate of nine percent per year. Such interest shall commence to run from date of the entry of the lien in the lien docket. G. An error in the name of any person to whom notice is sent shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against property of the responsible party for the violation. H. The finance officer shall file the statement of total fees and costs due or the transcript of the court judgment with the Washington County Clerk for entry in the judgment docket of the circuit court. All costs associated with the filing of the transcript shall be added to the amount of the statement. 1 16 Council Revised -1 -10 -2012 AMS 1 - 16 - 21 SE Update: 6/09 REVISED FOR DECEMBER 24" DISCUSSION HIGHLIGHTED CHANGES FROM PREVIOUS DRAFT Title 6: NUISANCE VIOLATIONS Sections: Chapter 6.01 GENERAL PROVISIONS AND PENALTIES 6.01.010 Short Title 6.01.020 Definitions 6.01.030 Nuisances Designated - Class I Civil Infraction 6.01.040 Penalty for Violation of This Title 6.01.050 Administrative Rules 6.01.060 Enforcement - Minimum Requirements Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH, SAFETY AND PEACE Article I. General Nuisances 6.02.010 Common Nuisances 6.02.020 Noxious Vegetation 6.02.030 Trees and Bushes 6.02.040 Greenway Maintenance 6.02.050 Attractive Nuisances 6.02.060 Graffiti 6.02.070 Livestock/Poultry Article II. Property Development and Maintenance Requirements 6.02.100 Violation of Title Prohibited 6.02.110 Conditions of Approval 6.02.120 Visual Clearance Requirements 6.02.130 Fences and Walls 6.02.140 Accessory Structures 6.02.150 Insects and Rodents 6.02.160 Signs 6.02.170 Storage in Front Yards Article III. Junk, Garbage and Putrescible Waste 6.02.210 Vehicles Not to Drop Material on Streets 6.02.220 Open Storage of Junk 6.02.230 Scattering Rubbish 6.02.240 Garbage and Putrescible Waste 6.02.250 Offensive Wastes Prohibited 6.02.260 Unauthorized Deposits Prohibited Article IV. Streets and Sidewalks 6.02.310 Streets and Sidewalks 2 6.02.320 Maintenance /Repair of Public Sidewalks 6.02.330 Sidewalks, Curbs and Planter Strips 6.02.340 Encroachment into Public Easement Article V. Noise Nuisances 6.02.410 Prohibition on Excessive Noise 6.02.420 Sound Measurement 6.02.430 Noise Limits 6.02.440 Prohibited Noises 6.02.450 Exceptions to Noise Limits 6.02.460 Maximum Noise Limits for Certain Activities 6.02.470 Evidence of Noise Violation Article VI. Water Service and Meters 6.02.510 Service Connection Maintenance Chapter 6.03 PROPERTY IN THE RIGHT OF WAY 6.03.010 Signs in the Right of Way 6.03.020 Abandoned Personal Property in the Right of Way 6.03.030 City Authority to Remove 6.03.040 Notice Requirements 6.03.050 Exemption from Notice Requirements 6.03.060 Reclamation of Confiscated Personal Property and Signs 6.03.070 Disposal of Personal Property, Signs and Junk 6.03.080 Appeal of Confiscation 6.03.090 Exemption for Criminal Investigation Title 6 Council Revised - 1 -10 -2012 AMS 6 -2 I P11 • ■ City of Tigard T I G A K D Memorandum To: Mayor Dirksen and Tigard City Councilors From: Albert Shields, Program Development Specialist Re: Updated Package of Proposed Code Compliance TMC Amendments Date: January 13, 2012 During and after the November 22, 2011 and December 13, 2011 meetings, City Council offered a number of suggestions for improving readability of the text of proposed amendments to TMC Chapter 1.16 and a new Title 6. Staff has incorporated many of these suggestions in revised drafts for each document. Copies of these updated drafts are attached to this memo. They are intended for inclusion in your notebooks and will serve as a basis for our next discussion, scheduled for Tuesday, January 24, 2012. Changes since the previous drafts have been highlighted in yellow for easy visibility. We look forward to continuing our discussion of the proposed code compliance amendments. REVISED FOR DECEMBER 24"' DISCUSSION HIGHLIGHTED CHANGES FROM PREVIOUS DRAFT Chapter 1.16 CIVIL INFRACTIONS. Sections: ARTICLE I. GENERAL PROVISIONS 1.16.010 Title for Provisions 3 1.16.020 Establishment and Purpose 3 1.16.030 Definitions 4 1.16.040 Use of Language 5 1.16.050 Reference to State Law 5 1.16.060 Culpability, Not Exclusive, Remedies Cumulative 5 1.16.065 Liability 5 1.16.070 Effect of This Chapter 6 1.16.080 Severability 6 1.16.090 Reports of Infractions 6 1.16.100 Assessment by Code Enforcement Officer 6 1.16.105 Administrative Rules 6 1.16.110 Warrants - Right of Entry 7 1.16.111 Warrants - Grounds for Issuance 7 1.16.112 Warrants - Procedure for Issuance 8 1.16.113 Warrants - Execution 8 1.16.114 Warrants - Disposal of Seized Property 8 1.16.115 Voluntary Compliance Agreement 8 1.16.120 Notice - Notice of Violation and Letter of Complaint 9 1.16.140 Time to Abate Infraction After Notice 9 1.16.150 Immediate Remedial Action Required When 9 ARTICLE II. JUDICIAL ENFORCEMENT 1.16.160 Notice - Methods of Service 10 1.16.170 Notice - Computation of Time Period 11 1.16.180 Notice - Information 11 1.16.190 Failure to Respond to Notice 11 1.16.210 Civil Infraction Summons and Complaint - Timing 11 1.16.220 Civil Infraction Summons and Complaint - Process Requirements 12 1.16.230 Civil Infraction Summons and Complaint - Service - Failure to Receive - Default 13 1.16.240 Civil Infraction Summons and Complaint - Respondent's Response Required 13 1.16.250 No Right to Jury 14 1.16.260 Representation by Counsel 14 1.16.270 Opportunity to be Heard - Cross - Examination 14 1.16.280 Witnesses 14 1.16.290 Hearing - Admissible Evidence 14 1.16.295 Burden of Proof 14 1.16.300 Hearing - Decision by Hearings Officer 15 1.16.310 Order to Abate - Judicial 15 1.16.320 Hearing - Records 15 1.16.330 Finality of Decision - Appeals 15 1.16.340 Remedial Action by the City - Summary Abatement 15 1.16.350 Default Judgment 15 2 ARTICLE Ill. ADMINISTRATIVE ENFORCEMENT 1.16.400 Order to Abate - Administrative 16 1.16.410 Abatement by the Responsible Party 17 1.16.420 Order to Abate - Administrative - Appeal Process 17 1.16.430 Abatement by the City 17 1.16.440 Judicial Review 18 ARTICLE IV. PENALTIES, FEES AND COSTS 1.16.600 Continuous Infractions 18 1.16.610 Failure to Comply With Judgment Order, Order to Abate or Notice of Assessment 18 1.16.620 Penalties, Fees and Costs - Payment 18 1.16.630 Penalties and Fees - Classifications 18 1.16.640 Penalties and Fees - Amounts to be Assessed 19 1.16.650 Penalties and Fees - Repeat Violations 19 1.16.660 Penalties and Fees - Prior to First Appearance in Court 19 1.16.670 Delinquent Civil Penalties, Fees and Costs 19 1.16.680 Penalties, Fees and Costs - Assessment 19 1.16.690 Administrative Fees and Costs - Notice of Assessment 20 1.16.700 Administrative Fees and Costs - Notice of Objection and Hearing 20 1.16.710 Penalties, Fees and Costs - Collection, Lien Filing and Docketing 20 1 16_Council Revised - 1 -10 -2012 AMS 1 -16 -2 SE Update: 6/09 3 ARTICLE I. GENERAL PROVISIONS 1.16.010 Title for Provisions 1.16.020 Establishment and Purpose 1.16.030 Definitions 1.16.040 Use of Language 1.16.050 Reference to State Law 1.16.060 Culpability, Not Exclusive, Remedies Cumulative 1.16.065 Liability 1.16.070 Effect of This Chapter 1.16.080 Severability 1.16.090 Reports of Infractions 1.16.100 Assessment by Code Enforcement Officer 1.16.105 Administrative Rules 1.16.110 Warrants - Right of Entry 1.16.111 Warrants - Grounds for Issuance 1.16.112 Warrants - Procedures for Issuance 1.16.113 Warrants - Execution 1.16.114 Warrants - Disposal of Seized Property 1.16.115 Voluntary Compliance Agreement 1.16.120 Notice - Notice of Violation and Letter of Complaint 1.16.140 Time to Abate Infraction After Notice 1.16.150 Immediate Remedial Action Required When ARTICLE I. GENERAL PROVISIONS a convenient and practical forum for the hearing and determination of cases arising out of such Comment [SL1]: 1.16.010. Existing text. 1.16.010 Title for Provisions infractions. The ordinance codified in this chapter The civil infractions procedures are intended to shall be known as the "civil infractions be used for all violations of the TMC other than ordinance," and may also be referred to herein as certain violations of Title 7 and Title 10. "this chapter." (Ord. 86 -20 § 1(Exhibit A(1)), 1986). C. The civil infractions abatement procedures established herein are for the purpose 1.16.020 Establishment and Purpose of authorizing the city to proceed to abate such Comment [SL2]: 1.16.020. Existing text, infractions: modified to add administrative processes. A. The purpose of this chapter is to establish civil procedures for the enforcement of 1. if it is determined that certain provisions of the Tigard Municipal Code the infraction presents an immediate danger to (TMC). the public health, safety or welfare; or B. The procedures for the judicial 2. if it is determined that enforcement process and the administrative the property owner or responsible person is enforcement process established herein are for incapable of or unwilling to abate the infraction Comment [SL3]: 1.16.020.8. Modified to alloy the purpose of_ within a timeline satisfactory to the city. for both judicial and administrative abatement Comment [a4]: 1.16.020.C.2. Added to provide 1_ decriminalizing penalties for D. This chapter is adopted pursuant to the for administrative abatement. infractions of certain civil ordinances and home rule powers granted the City of Tigard by Article IV, Section 1 and Article XI, Section 2 2. for- the- puiTese -of providing of the Oregon Constitution; Oregon Revised 1 16 Council Revised - 1 - 10 - 2012 AMS 1 - 16 - SE Update: 6/09 4 Statutes 30.315 and Sections 4 and 21 of the disposition and maintenance thereof. Charter of the City of Tigard. (Ord. 02 -27, Ord. 86 -20 § I (Exhibit A(2)), 1986). F. "Code enforcement officer" Comment [a12]: 1.16.030.F. From original means the individual or individuals appointed or 1.16.030 1.16.030 Definitions designated by the director of community Comment [SL5]: 1.16.030. Modified and development or the city manager to enforce the expanded with substantial additions for clarity and For the purposes of this chapter, the provisions of this chapter. For enforcement of Precision following definitions shall apply: Chapters 10.16 through 10.32, Section 6.02.060 and Chapter 7.60, "code enforcement officer" A. " ibate" means to restore a also includes community service officers o f the Comment [a6]: 1.16.030.A. From 7.40.125, property to its condition prior to the infraction, police department Modified to add graffiti. or similar condition that is free of the subject infractions. In the case of graffiti, "abate" G. 'Finance officer" means the Comment [a13]: 1.16.030G. New. means to remove graffiti from the public view. senior financial officer of the city or the designee of the senior financial officer. B. "City manager" means the city _ Comment [a7]: 1.16.030.8. From 7.40.150 and manager or any other city employee designated H. ('Letter of Complaint means a 761.010. by the city manager. letter of notification to a responsible party that ( Comment [a14]: 1.16.030.H. New the city has received a complaint indicating that C. "Civil infraction" or a violation may exist on the party's property. "infraction" means: _ Comment [a8]: 1.16.030.C. From existing I. 'Notice of Assessment" means 1.16.030 1. the failure to comply a formal letter or form notifying a respondent or ( Comment [a15]: 1.16.030.1. New with a provision of this code other than certain recipient that an administrative fee, provisions of Title 7 and Title 10 and administrative costs or costs of abatement have been assessed against them or against property 2. the process of imposing in which they hold an interest. a civil penalty under this chapter. J. "Notice of Violation" means a ( Comment [a16]: 1.16.030.1. New References to "uniform infraction" formal letter or form notifying a responsible throughout the code other than in certain party that the city has probable cause to believe provisions of Title 7 and Title 10 shall be that a violation has been found to exist on the deemed to be references to `civil infraction." party's property. (Ord. 07 -03, Ord. 05 -08, Ord. 02 -27, Ord. 86 -20 § 1(Exhibit A(4)), 1986). K. 'Order to Abate' means an ( Comment [all]: 1.16.030.x. New order to a respondent or responsible party to D. "Civil infractions hearings abate an infraction from the municipal court as officer" means the municipal judge or the provided in Article II, or from the code Comment [a9]: 1.16.030.D. From existing individual appointed by the municipal judge enforcement officer as provided in Article III. l 1.16.030 with the delegated authority to preside over the code enforcement hearings and to perform the L. Iltplaitie means an individual ( Comment [a18]: 1.16.030.L. New related functions as specified by this chapter. human being and may also refer to a firm, corporation, unincorporated association, E. 1"Costs _ means _ any expenses partnership, limited liabily_ company, _trust, Comment [a10]: 1.16.030.E. From 7.61.010, incurred and charges associated with any action estate or any other legal entity. Modified for clarity. taken by the city under this chapter including but not limited to the cost to the public of the staff M. t'Premises" means a parcel of Comment [a19]: 1.16.030.M New definition. time invested and, regarding items confiscated land and any improvements on it.- for violation of ;Sections 6.03.010 and 6.03.02Q, Comment [all]: 1.16.030.E These sections dei all expenses incurred and charges associated with confiscation of signs and other materials illegally placed or abandoned in the right of way. with the removal, storage, detention, processing, The text is currently found at 7.61.015 and 7.61.02( 1 16_Council Revised - 1 -10 -2012 AMS 1 - SE Update: 6/09 5 N. "Recipient" means a person 1.16.040 Use of Language ( Comment [a20]: 1.16.030.N. New definition. who has received a Letter of Complaint under ( comment [SL25]: 1.16.040. Existing text the administrative process. As used in this chapter, pronouns indicating the masculine gender shall include the N. "Respondent', means a person feminine and neuter genders; the singular Comment [a21]: 1.16.030.0. From existing charged with a civil infraction. A respondent proms —shall include the plural; and "person" 1.16.030, Modified to add administrative process. will have received a Notice of Violation or a shall, where appropriate, include any summons and complaint as provided in Article II partnership, corporation, unincorporated or an Order to Abate as provided in Article III. association, the State of Oregon or other entity. (Ord. 86 -20 § 1(Exhibit A(14)), 1986). OP. "Responsible party" means any Comment [a22]: 1.16.030.P. From 7.40.020, ene-of the following: 1.16.050 Reference to State Law 7.40.125, and 7.61.010. ( Comment [SL26]: 1.16.050. Existing text 1. an owner, Any reference to an Oregon state statute incorporates into this chapter by reference the 2. an entity or person statute in effect on the effective date of the acting as an agent for an owner by agreement ordinance codified in this chapter. (Ord. 86 -20 that has authority over the property, is § 1(Exhibit A(11)), 1986). responsible for the property's maintenance or management, or is responsible for curing or 1.16.060 Culpability, Not Exclusive, abating an infraction, Remedies Cumulative Comment [SL27]: 1.16.060. Existing text, expanded for clarity and to encompass 3. any person occupying A. Acts or omissions to act which administrative process the property, including bailee, lessee, tenant or are designated as an infraction by any city other having possession,-$ ordinance do not require a culpable mental state as an element of the infraction. 4. the person who is alleged to have committed the acts or omissions, B. The procedures prescribed by created or allowed the condition to exist, or this chapter shall be the exclusive procedures for placed the object or allowed the object to exist imposing civil penalties; however, this section on the property, or shall not be read to prohibit in any way alternative remedies set out in the Tigard 5. a foreclosure or Municipal Code which are intended to abate or bankruptcy trustee. alleviate code infractions, nor shall the city be prevented from recovering, in any manner There may be more than one responsible prescribed by law, any costs incurred by it in party for a particular property or infraction. abating or removing ordinance infractions pursuant to any code provision. (Ord. 86 -20 "Violation' means failure to § ] (Exhibit A(3)), 1986). Comment [a231: 1.16.030.Q. From existing comply with a requirement imposed directly or 1.16.030 indirectly by this code. "Violation" may also 0,. The remedies and procedures ( Comment [SL28]: 1.16.060.C. Added for clarit mean civil infraction, except as used in those for abatement of civil infractions provided in portions of Chapter 7 and of Chapter 10 that do this chapter are in addition to all other remedies not use the civil infraction procedure. and procedures provided by law. Nothing in this chapter shall limit or restrict in any way the QR. "Voluntary Compliance city's right to obtain abatement by means of a Agreement" means an agreement, whether _ civil infraction, judicial action, an administrative Comment [a241: 1.16.030.8. From existing written or verbal, between the city and the enforcement action, a criminal action, a civil 1.16.030 recipient or respondent, which is intended to lawsuit or any other form of procedure to obtain resolve the alleged civil infraction. abatement. 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -5 SE Update: 6/09 6 1.16.065 liiablllty Comment [SL29]: 1.16.065. New section adde. 1.16.090 Reports of Infractions for clarity A. The city shall not be liable to ( Comment [SL32]: 1.16.090. Existing text. any person for any loss or injury to person or All reports or complaints of infractions property growing out of any casualty or incident covered by this chapter shall be made or referred happening to such person or property on account to an authorized code enforcement officer. (Ord. of a property owner, lessee or occupant of 02 -27, Ord. 86 -20 § I (Exhibit A(5)(A), 1986). property who fails or neglects to promptly comply with the duties imposed by this section. 1.16.100 Assessment by Code Enforcement Officer Comment [SL33]: 1.16.100. Title and text B. The city shall be exempt from modified for clarity. all liability, including but not limited to A. Upon receiving a report or common -law liability that it might otherwise complaint or otherwise becoming aware of a incur to an injured party as a result of the city's violation of this code, the code enforcement negligent failure to abate an infraction. officer shall review the facts and circumstances surrounding the alleged infraction and if he or C. If any property owner, lessee or ,hc deems it appropriate will proceed with occupant, by his or—her—failure or neglect to appropriate enforcement actions. perform any duty required of him or-her—by the terms of this section, contributes in causing B. The code enforcement officer injury or damages, they shall reimburse the city shall not proceed further with the matter if the for all damages or injury it has sustained or has officer determines that there is not sufficient been compelled to pay in such case, including evidence to support the allegation, or if the but not limited to reasonable attorney fees for officer determines that it is not in the best the defense of the same, and such payments as interest of the city to proceed. (Ord. 02 -27, Ord. may be enforced in any court having 86 -20 § I (Exhibit A(5)(B)), 1986). jurisdiction. 1.16.105 Administrative Rules Comment [SL34]: 1.16.105. Added to authoriz 1.16.070 Effect of This Chapter administrative rules per 2.04. See draft example administrative rules under 4 tab. The city manager is authorized to draft A. Citations or complaints issued and adopt administrative rules to define [ Cosn [S130]: 1.16.070. Existing text. and filed with the municipal court prior to the procedures to work with respondents or effective date of the ordinance codified in this recipients toward the abatement of civil chapter shall be processed in accordance with infractions. Any such administrative rules and the provisions in effect at the time the complaint regulations shall be adopted pursuant to the was issued. provisions of Chapter 2.04, be consistent with this chapter and shall include the following: B. Nothing in this chapter shall be construed as a waiver of any prior assessment, A. specific form documents or bail or fine ordered by the municipal court. templates for all written communications (Ord. 86 -20 § 1(Exhibit A (12)), 1986). referenced in this chapter to ensure that communications from the city are uniform, 1.16.080 Severable including a: ( comment [SL31]: 1.16.080. Existing text The provisions of this chapter are 1. Letter of Complaint severable. If any section, sentence, clause or phrase of this chapter is adjudged to be invalid 2. Notice of Violation by a court of competent jurisdiction, that decision shall not affect the validity of the 3. Order to Abate remaining portions of the chapter. (Ord. 86 -20 §1(Exhibit A(13)), 1986). 4. Notice of Assessment 1 16_Council Revised - 1 -10 -2012 AMS 1 -16 -6 SE Update: 6/09 • • • 7 1. The code enforcement B. procedures for the preparation, officer shall first make a reasonable attempt to execution, delivery, and posting of notices of a: locate the owner or other persons having charge or control of the property, present proper 1. Letter of Complaint credentials and request entry. 2. Notice of Violation 2. If entry is refused or if the owner or other persons having charge or 3. Order to Abate control of the property cannot be located, the code enforcement officer may attempt to obtain 4. Notice of Assessment entry by obtaining a warrant. C. procedures for review by the 1.16.111 Warrants - Grounds for civil infractions hearing officer to consider Issuance Comment [SL36]: 1.16.111. New section, adde protest by a responsible party of an to codify warrant procedures. Approved by city administrative Order to Abate consistent with A. A warrant for inspection, attorney. Section 1.16.420. investigation, removal or abatement purposes shall only be issued upon cause, supported by D. procedures for determination of affidavit, particularly describing: the time allowed to abate an infraction or otherwise respond as provided in a: 1. the applicant's status in applying for the warrant; 1. Letter of Complaint 2. the statute, ordinance or 2. Notice of Violation regulation requiring or authorizing the inspection or investigation or the removal and 3. Order to Abate abatement of the violation; E. procedures for the calculation of 3. the building or property administrative fees. to be inspected, investigated or entered; F. standards for confidential or 4. the purpose for which anonymous reporting and circumstances in the inspection, investigation, removal or which such reporting is allowed. abatement is to be made; 1.16.110 Warrants - Right of Entry 5. the basis upon which Comment [SL35]: 1.16.110. New section, adde inspect, investigate, remove or to codify warrant procedures. Approved by city cause exists to ins P g attorney. A. The city manager or designee abate the violation; and may enter property, including the interior of structures, at all reasonable times whenever an 6. in the case of removal inspection is necessary to enforce any or abatement, a statement of the general types regulations of this code, or whenever the city and estimated quantity of the items to be manager or designee has reasonable cause to removed or conditions abated. believe that there exists in any structure or upon any property any condition which constitutes a B. Cause shall be deemed to exist violation of provisions of this code. i f: B. In the case of entry into areas of 1. reasonable legislative or property that are plainly enclosed to create administrative standards for conducting a privacy and prevent access by unauthorized routine, periodic, or area inspection or for persons, the following steps shall be taken. removing and abating violations are satisfied 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -7 SE Update: 6/09 8 with respect to any building or upon any property to remove any person or obstacle and to property, or assist the representative of the city in any way 2. an investigation is necessary to enter the property and complete the reasonably believed to be necessary in order to investigation or remove and abate the infraction. discover or verify the condition of the property for conformity with regulations, or 1.16.113 Warrants - Executloi 1 Comment [St38]: 1.16.113. New section, adde to codify warrant procedures. Approved by city 3. there is cause to believe A. In executing a warrant on a "°rney that a violation exists for which removal or occupied property the person authorized to abatement is required or authorized by this execute the warrant shall, before entry into the chapter. occupied premises, make a reasonable effort to present the person's credentials, authority and 1.16.112 Warrants - Procedure for purpose to an occupant or person in possession Issuance of the property designated in the warrant and I Comment [SL37]: 1.16.112. New section, adde show the occupant or person in possession of the II to codify warrant procedures. Approved by city A. Before issuing a warrant, the-a property the warrant or a copy thereof upon l attorney. judge may examine the applicant and any other request. witness under oath and shall be satisfied of the existence of grounds for granting such B. In executing a warrant on application. unoccupied property, the person authorized to execute the warrant need not inform anyone of B. If the judge is satisfied that the person's authority and purpose, as prescribed cause for the inspection, investigation, removal in subsection A above, but may promptly enter or abatement of any infraction exists and that -the the designated property if it is at the time other requirements for granting the application unoccupied or not in the possession of any are satisfied, the judge shall issue the warrant, person or at the time reasonably believed to be particularly describing: in such condition. In such case a copy of the warrant shall be conspicuously posted on the 1. the person or persons property. authorized to execute the warrant, C. A warrant must be executed 2. the property to be within 10 working days of its issue and returned entered, and to the judge by whom it was issued within 10 working days from its date of execution. After 3. the purpose of the the expiration of the time prescribed by this inspection or investigation or a statement of the subsection, the warrant unless executed is void. general types and estimated quantity of the items to be removed or conditions abated. 1.16.114 Warrants - Disposal of Seized Property Comment [5L39]: 1.16.114. New section, adde C. The warrant shall contain a to codify warrant procedures. Approved by city direction that it be executed on any day of the The city manager or designee may cause attorney. week between the hours of 8:00 a.m. and 6:00 any items removed pursuant to an abatement p.m., or where the judge has specifically warrant to be disposed of in an approved manner determined, upon a showing that it cannot be whenever the city manager or designee, in his car effectively executed between those hours, that it her —sole discretion, finds that the fair and be executed at any additional or other time of the reasonable value of the items at resale would be day or night. less than the cost of storing and selling the items. In making the above determination, the D. In issuing a warrant, the judge city manager or designee may include in the may authorize any peace officer, as defined in costs of sale the reasonable cost of removing the Oregon Revised Statutes, to enter the described items to a place of storage, of storing the items 1 16_Council Revised - 1 -10 -2012 AMS 1 - 16 - SE Update: 6/09 9 for resale, of holding the resale including violation of this code, the code enforcement reasonable staff allowances and all other officer may cause a notice of the alleged civil reasonable and necessary costs of holding the infraction to be given to any responsible party sale. for the property containing the alleged infraction. 1.16.115 Voluntary Compliance Agreement B. Under the judicial enforcement Comment [St40]: 1.16.115. Existing text process set forth in Article II, a Notice of moved to Article 1 from current 1.16.200 with mino revisions. Applies to both judicial and A. The code enforcement officer Violation for the alleged civil infraction may be administrative processes. may, at any time prior to a first appearance in given to the responsible party before a civil court, enter into a Voluntary Compliance infraction summons and complaint is issued for Agreement with a respondent or recipient. The an infraction. Verification of the violation is a agreement shall include the time allowed to requirement for a Notice of Violation. A Notice abate the infraction and shall be binding on the of Violation is not required before a summons respondent or recipient. and complaint is issued. The use of a Notice of Violation is at the sole discretion of the code B. The fact that a person alleged to enforcement officer. have committed a civil infraction enters into a Voluntary Compliance Agreement shall not be C. Under the administrative considered an admission of having committed enforcement process set forth in Article III, a the infraction for any purpose. Letter of Complaint may be mailed to any responsible party for the property containing the C. The city shall suspend further alleged civil infraction. Verification of the processing of the alleged infraction during the violation is not a requirement for issuing a Letter time allowed in the Voluntary Compliance of Complaint but the issuance of a Letter of Agreement for the completion of the necessary Complaint is a required first step in the corrective action. The city shall take no further administrative process. (Ord. 02 - 27, Ord. 86 - 20 action concerning the alleged violation if all § 1 (Exhibit A(5)(C)(2)), 1986). terms of the Voluntary Compliance Agreement ` Comment [a42]: 1.16.130. Section repealed an are satisfied, other than steps necessary to 1.16.140 Time to Abate Infraction deleted. Number not reassigned. terminate the enforcement action. After Notice Comment [St43]: 1.16.140. Retitled and expanded to include Voluntary Compliance Agreement and administrative process D. Failure to comply with any term A. If a Notice of Violation or a of a signed Voluntary Compliance Agreement Letter of Complaint is given to a recipient or constitutes an additional and separate infraction respondent pursuant to this chapter, the code which shall be handled in accordance with the enforcement officer shall give the recipient or procedures established by this chapter. After the respondent a feasenable- specific timeline within Voluntary Compliance Agreement has been which to cure or abate the alleged infraction signed no further notice need be given before a aftor tho notice is givcn.consistent with civil infraction summons and complaint based subsection 1.16.140.B. on this infraction is issued. The city may also proceed on the alleged infraction that gave rise B. The time allowed shall not be to the Voluntary Compliance Agreement. (Ord. less than 24 hours for a Notice of Violation or 02 -27, Ord. 86 -20 §1(Exhibit A(5)(C)(10)), five days for a Letter of Complaint, nor more 1986). than 30 days except in cases where compliance is voluntary and the code enforcement officer 1.16.120 Notice - Notice of Violation deems it appropriate to enter into a Voluntary and Letter of Complaint Compliance Agreement with the recipient or Comment [SL41]: 1.16.120. Retitled and respondent significantly modified to incorporate both the A. Upon receiving a report or judicial and administrative processes. complaint or otherwise becoming aware of a 1 16 Council Revised - 1 - 10 - 2012 AMS 1 - 16 - 9 SE Update: 6/09 • 10 C. The code enforcement officer enforcement officer is unable to serve a Notice may grant additional time to the respondent if, in of Violation or Letter of Complaint on the the officer's judgment, compliance within the recipient or respondent or, if after such service 30 -day timeline would constitute a significant the recipient or respondent refuses or is unable I hardship to the recipient or respondent or other to remedy the infraction, the city may proceed to significant mitigating circumstances exist. (Ord. remedy the infraction as provided in subsection 02 -27, Ord. 86 -20 § I (Exhibit A(5XC)(4)), C below. (Ord. 02 -27, Ord. 86 -20 § I (Exhibit 1986). A(5)(C)(5)), 1986). 1.16.150 Immediate Abatement Action C. In the case of an immediate Required When danger to the public health, safety or welfare ( Comment [SL44]: 1.16.150. Retitled, existing determined under subsection A, the city may l text for Subsections A and B. A. Notwithstanding the abatement abate the infraction and charge the abatement time periods contained in Section 1.16.140, if cost back to the recipient or the code enforcement officer determines that the respondentrespoodent, after obtaining a warrant alleged infraction presents an immediate danger to enter the property and abate the infraction. If to the ublic health, safety or welfare, danger constitutes an emergency P etY , or that the immediate dan g g Y any continuance of the violation would allow the threatening immediate death or physical injury recipient or respondent to profit from the to persons, the city may abate the infraction violation or would otherwise be offensive to the without obtaining a warrant if the delay public at large the officer may require immediate associated with obtaining the warrant would remedial action. result in increased risk of death or injury, and may charge the abatement costs back to the B. If, in such cases, the code recipient or respondentrespondcnt. Comment [a45]: 1.16.150.0 moved from currer 1.16.340 to apply in all circumstances. ARTICLE II. JUDICIAL ENFORCEMENT 1.16.160 Notice - Methods of Service 1.16.170 Notice - Computation of Time Period 1.16.180 Notice - Information 1.16.190 Failure to Respond to Notice 1.16.200 Voluntary Compliance Agreement 1.16.210 Civil Infraction Summons and Complaint - Timing 1.16.220 Civil Infraction Summons and Complaint - Process Requirements 1.16.230 Civil Infraction Summons and Complaint - Service - Failure to Receive - Default 1.16.240 Civil Infraction Summons and Complaint - Respondent's Response Required 1.16.250 No Right to Jury 1.16.260 Representation by Counsel 1.16.270 Opportunity to be Heard - Cross - Examination 1.16.280 Witnesses 1.16.290 Hearing - Admissible Evidence 1.16.295 Burden of Proof 1.16.300 Hearing - Decision by Hearings Officer 1.16.310 Order to Abate - Judicial 1.16.320 Hearing - Records 1.16330 Finality of Decision - Appeals. 1.16.340 Remedial Action by City - Summary Abatement 1.16.350 Default Judgment ARTICLE II. JUDICIAL ENFORCEMENT 1 16_Council Revised - 1 -10 -2012 AMS 1 -16 -10 SE Update: 6/09 11 state. 1.16.160 Notice - Methods of Service Comment [SAO 1.16.160. Retitled and C. Where the Notice of modified to clarify the Notice of Violation process If a Notice of Violation is given to a Violation is affixed to the main door of the respondent pursuant to this chapter, service of property or premises, for purposes of such notice may be made as follows: computing the time period to abate the infraction, notice shall be considered A. a Notice of Violation may be complete three days after such affixation. given to the respondent in person by the code (Ord. 02 -27, Ord. 86 -20 § 1 (Exhibit enforcement officer. A(5)(C)(7)), 1986). B. a Notice of Violation may be 1.16.180 Notice - Information Comment [SL48]: 1.16.180. Existing text with given by a telephone call to the respondent. If minor modification for clarity. notice is given in this manner, the respondent A. The following information may be given, at the code enforcement shall be included in the Notice of Violation if officer's discretion, a Notice of Violation by one is given: first class mail sent to his last known address 1. a description or as soon as possible after the initial notice by identification of the activity or condition telephone. constituting the alleged infraction, and the identification of the recipient as the C. a Notice of Violation may be respondent; given by mailing to the respondent at his last known address. 2. a statement that the code enforcement officer has determined the D. a Notice of Violation may be activity or condition to be an infraction; given by affixing to the main door of the property or premises. If notice is given in this 3. a statement of the manner, the code enforcement officer may, at action required to abate the alleged infraction his or her discretion, also provide the and the time and date by which abatement respondent with a Notice of Violation by mail must be completed unless a Voluntary sent to the respondent's last known address as Compliance Agreement is executed; soon as possible after the initial notice by posting. (Ord. 02 -27, Ord. 86 -20 § l (Exhibit 4. a statement advising A(5)(C)(6)), 1986). the respondent that if the required abatement is not completed within the time specified and 1.16.170 Notice - Computation of the respondent has not entered into a Time Period Voluntary Compliance Agreement, a civil Comment [5L47]: 1.16.170. Existing text with infraction summons and complaint will be minor modification for clarity. A. Where the Notice of issued and civil penalties for the particular Violation is delivered in person or by infraction may be imposed. telephone the time period to abate the infraction shall begin immediately upon such B. t the ,t... . o` •The code delivery. enforcement officer has the discretion to include in the Notice of Violation may - include B. Where the Notice of an invitation to contact the code enforcement Violation is mailed to the respondent, notice officer to discuss any questions the to abate the infraction shall be considered respondent may have about the alleged complete three days after such mailing, if the violation, the requirements for compliance address to which it is mailed is within the and any possibility of entering into a state, and seven days after mailing if the Voluntary Compliance Agreement. (Ord. 02- address to which it is mailed is outside the 27, Ord. 86 -20 §l(Exhibit A(5)(C)(8)), 1986). 1 16 Council Revised- 1 -10 -2012 AMS 1 -16 -11 SE Update: 6/09 12 • and the court date is included. 1.16.190 Failure to Respond to Notice B. The civil infractions Comment ISM]: 1.16.190. Existing text with summons and complaint shall contain the minor modification for clarity. If notice is given, and the respondent following information: either receives or rejects the Notice of Violation and fails to abate the alleged 1. the name and address infraction within the time specified in the of the respondent; Notice of Violation, the code enforcement officer may serve the respondent with a civil 2. a description of the infraction summons and complaint. (Ord. 02- infraction that can be understood by a person 27, Ord. 86 -20 § 1 (Exhibit A(5)(C)(9)), 1986). making a reasonable effort to do so; Comment [51.50]: 1.16.200. Moved to 1.16.11: 1.16.210 Civil Infraction Summons 3. the date, time and and Complaint - Timing place at which the infraction is alleged to have Comment [51.51]: 1.16.210. Existing text with been committed. If the infraction is alleged to minor modification for clarity A civil infraction summons and be ongoing, the civil infractions summons and complaint may be served on the respondent: complaint shall so state and shall list a date on which the infraction was observed; A. immediately upon discovery of the infraction; or 4. a file or reference number; B. where the response period ( Comment [a52]: 1.16.210.B revised for clarity. given in a Notice of Violation i:, g 5. the date the civil infraction summons and complaint was has expired; or issued; C. where _ the period for 6. the name of the codes- { Comment (a53]: 1.16.210.0 revised for clarity. compliance given in a Voluntary Compliance enforcement officer issuing the citation; Agreement has ••- _ ._ - -_ 7. the time, date and has-expired and the infraction has not been location at which the respondent is to appear abated. (Ord. 02 -27, Ord. 86 -20 § 1 (Exhibit in court; A(5)(D)(1)), 1986) . 8. a notice that a 1.16.220 Civil Infraction Summons complaint based on the violation will be filed and Complaint - Process with the court; Requirements Comment [SLS4]: 1.16.220. Existing text with 9. the amount of the minor modification for clarity. A. The physical form taken by a maximum civil penalty for the infraction; civil infraction summons and complaint is not material. What is material is the substance, 10. an explanation of the the information contained therein. The city respondent's obligation to appear at the may utilize various physical formats for the hearing and that a monetary judgment may be summons and complaint. The state uniform entered for up to the maximum civil penalties citation may be used. Any form prepared by if the respondent fails to make all required the city should normally contain or solicit the court appearances; following information, but no complaint or summons shall be considered invalid for 11. a space wherein the failure to comply with these rules, so long as respondent may admit having committed the the basic information regarding the infraction alleged infraction; 1 16_Council Revised - 1 -10 -2012 AMS 1 -16 -12 SE Update: 6/09 13 C. Service at the respondent's 12. the time period for office must be made during regular business returning the form to the court; hours. Substitute service at the respondent's office must be made to the person who is 13. a notice that, if the apparently in charge. respondent admits having committed the infraction as charged, payment, in the amount D. If substitute service is used a shown on the summons and complaint or as true copy of the summons and complaint, agreed with the code enforcement officer together with a statement of the date, time and pursuant to 1.16.660 of this chapter, as may place at which service was made, must be be appropriate, must accompany the mailed to the respondent at the respondent's admission; and last known address. Service will be considered complete upon such a mailing. 14. a form of verification that the person signing the complaint swears E. Service by any other method that the person has reasonable grounds to reasonably calculated, under all the believe, and does so believe, that the circumstances, to apprise the respondent of respondent committed the alleged infraction. the existence and pendency of the infraction (Ord. 02 -27, Ord. 86-41 § §1 - 4, 1986; Ord. and to afford a reasonable opportunity to 86 -35 §§1 - 4, 1986; Ord. 86 -20 § 1 (Exhibit respond shall be acceptable. A(5)(D)(2)), 1986). F. Service on particular 1.16.230 Civil Infraction Summons respondents, such as minors, incapacitated and Complaint - Service - persons, corporations, limited partnerships, Failure To Receive - Default the state, other public bodies and general Comment [SL55]: 1.16230. Existing text with partnerships shall be as prescribed for the minor modification for clarity A. Service of the civil infraction service of a civil summons and complaint by summons and complaint shall be made the Oregon Rules of Civil Procedure. consistent with the requirements of the Oregon Rules of Civil Procedure and may be G. No default shall be entered made by: against any respondent without proof that the respondent had notice of the civil infraction 1. personal service on summons and complaint. A sworn affidavit the respondent or an agent for the respondent, of the code enforcement officer outlining the method of service, including the date, time 2. substitute service at and place of service shall create a rebuttable the respondent's dwelling or office, presumption that the respondent had such notice. (Ord. 02 -27, Ord. 89 -21 §1, 1989: 3. affixing to the main Ord. 86 -20 § ](Exhibit A(5)(D)(3)), 1986). door of the property or premises, or by 1.16.240 Civil Infractions Summons 4. certified mail, return and Complaint - receipt requested, to the respondent at his last Respondent's Response known address. Required I Comment [SL56]: 1.16.240. Existing text with minor modification for clarity. B. In the event of substitute A. A respondent served with a service at the respondent's dwelling, the civil infraction summons and complaint shall person served must be at least 14 years of age respond to the complaint by personally and residing in the respondent's place of appearing at the scheduled first appearance in abode. court or by making a written response by mail or personal delivery to the court. 1 16_Council Revised - 1 -10 -2012 AMS 1 -16 -13 SE Update: 6/09 14 The respondent may be represented B. If the respondent admits the by legal counsel; however, legal counsel shall infraction, the respondent may so indicate on not be provided at public expense. Written the summons and forward the form to the notice shall be provided to the hearings officer court. Payment in the amount of the civil and code enforcement officer no later than penalty for the infraction, as shown on the five days prior to any appearance by legal summons or as agreed with the code counsel at an appearance or hearing. (Ord. enforcement officer pursuant to section 02 -27, Ord. 86 -20 §1(Exhibit A(5)(F)(2)), 1.16.660 of this chapter shall be submitted 1986). with the response. An appropriate fmdings shall be entered in the records of the civil 1.16.270 Opportunity to be Heard - infraction hearings officer indicating the Cross - Examination ( Comment [SL59]: 1.16.270. Existing text receipt of the civil penalty. At a hearing a respondent shall have C. If the respondent does not the right to present evidence and witnesses in admit the infraction, the respondent must the respondent's favor, to cross - examine any appear at the scheduled first appearance in witnesses who testify against the respondent, court. and to submit rebuttal evidence. (Ord. 02 -27, Ord. 86 -20 § 1(Exhibit A(5)(FX3)), 1986). 1. At the first appearance, the respondent may deny the infraction and request a hearing, admit the 1.16.280 Witnesses I comment [SL60]: 1.16.280. Existing text infraction, or not contest the infraction. A. The respondent may request 2. If the respondent that witnesses be ordered by subpoena to either admits or does not contest the infraction appear at the hearing. The respondent shall the respondent shall be given the opportunity make such request in writing to the court at to provide a statement. Based on the least five days prior to the scheduled hearing. statement provided by the respondent and any additional information provided by the code B. Subject to the same five -day enforcement officer, the civil infractions limitation, the code enforcement officer, the hearings officer shall impose a civil penalty citizen who signed the complaint or the city not to exceed the maximum civil penalty attomey, as appropriate, may also request in allowed for the infraction. writing that the court order certain witnesses to appear by subpoena. 3. If the respondent requests a hearing, a hearing shall be C. If a civil penalty is declared scheduled. (Ord. 02 -27, Ord. 86-41 §5, 1986; in the final order, the order shall also provide Ord. 86-35 §5, 1986; Ord. 86 -20 §1(Exhibit that the respondent shall pay any witness fees A(5)(E)), 1986). payable in connection with the hearing. (Ord. 02 -27, Ord. 86 -20 § 1(Exhibit A(5)(F)(4)), 1.16.250 No Right to Jury 1986). j Comment [SL57]: 1.16.250. Existing text. Any hearing to determine whether an 1.16.290 Hearing - Admissible infraction has been committed shall be held Evidence Comment [SL61]: 1.16.290. Existing text with before the civil infraction hearings officer minor modification for clarity. without a jury. (Ord. 86 -20 §1(Exhibit A. The hearing shall be limited A(5)(F)(1)), 1986). to production of evidence only on the infraction alleged in the complaint. 1.16.260 Representation by Counsel ( Comment [SL58]: 1.16.260. Existing text B. Oral evidence shall be taken • 1 16_Council Revised - 1 -10 -2012 AMS 1 -16 -14 SE Update: 6/09 15 only upon oath or affirmation administered by 1.16.310 Order to Abate - Judicial Comment [a65]: 1.16.310. Current text mover the civil infractions hearings officer. from current 1.16.305. Retitled and modified to address appeals process. Upon a fmding that the infraction was C. Evidence shall be admitted if committed by the respondent, the hearings Comment [a66]: 1.16.310. Current text moved to 1.16.680.A it is of the type which responsible persons are officer may issue an Order to Abate requiring accustomed to rely on in the conduct of the respondent to abate the ordinance serious affairs, regardless of the existence of infraction within a specified time period any common law or statutory rule which identified in the final order. Orders to Abate might render such evidence inadmissible in issued under this section may only be civil actions in courts of competent appealed pursuant to 1.16.330. (Ord. 89 -21 jurisdiction in this state. §3, 1989). Comment [a67]: 1.16.310. Proposed text was moved from 1.16.305 and modified. D. Irrelevant or unduly 1.16.320 Hearing - Records Comment [SL68]: 1.16.320. Existing text repetitious evidence shall be excluded. 1 _ The court shall maintain a record of Comment [a62]: current 1.16.290.2 moved to 1.16.295 Burden of Proof the hearing proceedings. A mechanical new Section 1.16.295 for clarity. recording of the hearing, accompanied by any Comment [SL63]: 1.16.295. New section, The complainant or, if the city is the written documents, correspondence or existing text extracted from 1.16.290 complainant, the code enforcement officer, physical evidence associated with the matter shall have the burden of proving the alleged shall be sufficient to meet the requirements of civil infraction by a preponderance of the this section. (Ord. 02 -27, Ord. 86 -20 evidence. (Ord. 86 -20 §1(Exhibit A(5)(F)(5) §1(ExhibitA(5)(F)(9)), 1986). and (6)), 1986). 1.16.330 Finality of Decision - 1.16.300 Hearing - Decision by Appeals ( Comment [SL69]: 1.16.330, Existing text Hearings Officer ( Comment [SL64]: 1.16.300. Existing text The determination of the hearings A. The hearings officer shall officer shall be final. Review of the hearing determine if the respondent committed the officer's determination shall be to the circuit infraction as alleged in the complaint. court by writ of review, pursuant to Chapter 34 of the Oregon Revised Statutes. (Ord. 86- B. When the infraction has not 20 §1(Exhibit A(5)(F)(10)), 1986). been proven, a written order dismissing the complaint shall be entered in the court 1.16.340 Remedial Action by the records. City - Summary Abatement Comment [SL70]: 1.16.340. Existing text with minor modification for clarity. Subsections 2 — 6 C. When the hearings officer Upon finding that an infraction was . relocated. See comments at those subsections. finds that the infraction was committed, committed, as determined by a final decision written findings shall be prepared which set of the hearings officer, the city may, after out sufficient information to substantiate the obtaining a warrant to enter the property and commission of the infraction. abate the infraction, proceed to abate the infraction and charge the abatement costs r D. Written orders, including back to the respondent pursuant to I Comment [a71]: 1.16.340.2. Text moved to findings, shall be prepared within ten working 1.16.680.C. For the purposes of this l 1.16.150.c. days of the oral decision. The court shall subsection "a final decision of the hearings Comment [a72]: 1.16.340.3. Text moved to serve true copies of the hearings officer's officer" means a final decision for which 1.16.110. findings, order and judgment on all parties, judicial review was not sought within the time Comment [a73]: 1.16.340.4. Text moved to 1.16.680.C. either personally or by mail. (Ord. 02 -27, allowed by law or a decision of the hearings Ord. 89 -21 §2, 1989: Ord. 86 -20 § 1(Exhibit officer that was upheld by a final decision in Comment [a74]: 1.16.350.5. Text moved to 1.16.690.0 A(5)(F)(7)), 1986). the judicial review and appeal process. L Comment [a75]: 1.16.340.6. Text moved to 1 1.16.710.C. 1 16_Council Revised - 1 -10 -2012 AMS 1 -16 -15 SE Update: 6/09 16 1.16.350 Default Judgment penalty applicable to the charged infraction if Comment[SL76]: 1.16.350. Existing text with the respondent fails to appear at the scheduled minor modification for clarity Subject to the limitations set forth in hearing. (Ord. 02 -27, Ord. 86 -20 §1(Exhibit Section 1.16.230, a default judgment shall be A(7)), 1986). entered in an amount up to the maximum civil ARTICLE I1I. ADMINISTRATIVE ENFORCEMENT 1.16.400 Order to Abate - Administrative 1.16.410 Abatement by the Responsible Party 1.16.420 Order to Abate - Administrative - Appeals Process 1.16.430 Abatement by the City 1.16.440 Judicial Review ARTICLE III. ADMINISTRATIVE D. The code enforcement officer ENFORCEMENT shall cause a copy of the Order to Abate to be posted on the premises at the site of the 1.16.400 Order to Abate violation. Administrative Comment [a77]: 1.16.400. New section E. An Order to Abate shall be establishing administrative Order to Abate. A. Upon finding any of the mailed by first class or certified mail to the following the code enforcement officer may last known address of the responsible party. cause an Order to Abate to be posted on the An Order to Abate shall contain: subject property and mailed to the owner and 1. a description of the each other known responsible party: real property, by street address or otherwise, on which the infraction exists. 1. a violation exists, or 2. the date of the order. 2. any responsible party is not responsive or cooperative after 3. a direction to abate receiving a Letter of Complaint, or the infraction within no less than 10 days and no more than 30 days from the date of the 3. a recipient failed to order. comply with the terms of a Voluntary Compliance Agreement, 4. a description of the infraction. B. The order shall require the respondent to abate the ordinance infraction 5. a statement that, within a specified time period. unless the infraction is removed: C. Prior to mailing or posting an a. a warrant Order to Abate, the code enforcement officer may be obtained, must have probable cause to believe that a civil infraction exists, based on personal b. the city may observation of the violation by the code abate the infraction, and enforcement officer or other credible authority. c. the cost of abatement will be charged to the responsible Ply. 1 16_Council Revised - 1 -10 -2012 AMS 1 -16 -16 SE Update: 6/09 17 the order or at most within 10 days of the date 6. a statement that of the notice. Standing to protest is limited to failure to abate an infraction may result in a responsible party. imposition of an administrative fee or lien on the property. B. Upon receipt of a written statement of protest from a responsible party, 7. a statement that the the code enforcement officer shall, within 10 responsible party may protest the Order to days of receipt of the protest, schedule a Abate by giving notice to the code hearing before the civil infractions hearings enforcement within 10 days following the officer, to be held within 30 days of receipt. date of the order. Contact information for the code enforcement officer shall be included in C. At the hearing set for the Order to Abate. consideration of the infraction, the person protesting may appear and be heard by the F. Upon completion of mailing civil infractions hearings officer and the civil and posting, the persons mailing and posting infractions hearings officer shall determine shall execute and file certificates stating the whether or not an infraction in fact exists. date and place of the mailing and posting, The city manager is authorized to draft and respectively. adopt rules and policies to provide for a civil infractions hearings officer review process G. An error in the address or consistent with this subsection and principles name of the responsible party shall not make of due process. The civil infractions hearings the Order to Abate void, and in such case the officer's determination shall be required only posted notice shall be sufficient. in those cases where a written protest has been filed as provided in this section. 1.16.410 Abatement by the Responsible Party _ D. If the civil infractions Comment [a78]: 1.16.410. New section hearings officer determines that an infraction , requiring abatement by responsible party A. Within the timeline specified does in fact exist, the responsible party shall, Comment [a79]: 1.16.410. Existing text movec in the Order to Abate, the responsible party within five days after the civil infractions to 1.16.640. shall abate the infraction or appeal the Order hearings officer's determination, abate the to Abate pursuant to 1.16.420. infraction, unless the civil infractions hearings officer determines that the responsible party B. Any responsible party should not be given the opportunity to abate intending to abate the infraction shall provide or unless the civil infractions hearings officer notice to the code enforcement officer before decision allows a period of time greater than abating the infraction and shall allow the city five days. to inspect during and on completion of the abatement. The notification shall state how E. The civil infractions hearings the infraction will be abated, when it will be officer may determine that the responsible abated, and who will be abating it. party for the infraction should not be given the opportunity to abate only if the civil 1.16.420 Order to Abate - infractions hearings officer finds that the [ Comment [SL8O]: 1.16.415. Moved to 1.16.651 Administrative - Appeal responsible party for the infraction is unlikely Process to properly abate the infraction. The Comment [a81]: 1.16.420. New section determination that a responsible party is providing appeal process for administrative A. A responsible party protesting unlikely to properly abate the infraction shall ; enforcement option. that the alleged infraction does not exist shall be based on the findings as to one of the Comment (a82]: 1.16.420. Existing text movec file with the code enforcement officer a following: to 1.16.670. written statement specifying the basis for the protest before the abatement date specified in • 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -17 SE Update: 6/09 18 1. whether the person If, within the time allowed, the acted intentionally or whether the infraction is infraction has not been abated by the egregious; or responsible party, the city manager may cause the infraction to be abated by securing an 2. whether the person abatement warrant pursuant to sections had knowledge that the action was a violation 1.16.110 through 1.16.114. of state law or city code; or 1.16.440 Judicial Revie Comment [SLUM: 1.16.440. New section 3. whether the person regarding judicial review of a decision by the civil has the professional expertise to perform the Judicial review of a decision of the infractions hearing officer of an appeal abatement. civil infractions hearings officer on the appeal of an Order to Abate shall be on the record by 1.16.430 Abatement by the City writ of review pursuant to ORS Chapter 34 _ Comment (a83]: 1.16.425. Existing text mover and not otherwise. to 1.16.670. Comment [SL84]: 1.16.430. New section providing for abatement by the city under warrant ARTICLE IV. PENALTIES, FEES AND COSTS 1.16.600 Continuous Infractions 1.16.610 Failure to Comply With Judgment Order, Order to Abate or Notice of Assessment 1.16.620 Penalties, Fees and Costs - Payment 1.16.630 Penalties and Fees - Classifications 1.16.640 Penalties and Fees - Amounts to be Assessed 1.16.650 Penalties and Fees - Repeat Violations 1.16.660 Penalties and Fees - Prior to First Appearance in Court 1.16.670 Delinquent Civil Penalties, Fees and Costs 1.16.680 Penalties, Fees and Costs - Assessment 1.16.690 Administrative Fees and Costs - Notice of Assessment 1.16.700 Administrative Fees and Costs - Notice of Objection and Hearing 1.16.710 Penalties, Fees and Costs - Collection, Lien Filing and Docketing ARTICLE IV. PENALTIES, FEES AND civil penalty or court costs imposed within the COSTS time allowed for abatement or payment shall constitute a Class 1 civil infraction. 1.16.600 Continuous Infractions Comment [SLUG]: 1.16.600. Existing text, B. Failure to comply with an moved from current 1.16.380. When an infraction is of a continuous administrative Order to Abate an infraction or nature, unless otherwise specifically provided, to pay an administrative fee or statement of a separate infraction shall be deemed to occur administrative or abatement costs within the on each calendar day the infraction continues time allowed for such abatement or payment to exist. (Ord. 86 -20 § 1(Exhibit A(8)(A)), in a Notice of Assessment shall constitute a 1986). Class I Civil Infraction. 1.16.610 Failure to Comply With C. Failure to comply with a Judgment Order, Order to judgment order, an Order to Abate or a Notice Abate or Notice of of Assessment is a continuous infraction and a Assessment separate infraction will be deemed to occur Comment [SL87]: 1.16.610. Existing text, each calendar day the failure to comply moved from current 1.16.385, expanded to include A. Failure to comply with a infraction continues to exist past the time administrative process. judicial Order to Abate an infraction or pay a allowed in the judgment order. (Ord. 89 -21 1 16_Council Revised - 1 -10 -2012 AMS 1 - 16 - 18 SE Update: 6/09 19 §4, 1989). B. For Class 2 infractions, an amount not to exceed $150 per day; 1.16.620 Penalties, Fees and Costs - Payment Due When C. For Class 3 infractions, an Comment [a88]: 1.16.620. Existing text, move amount not to exceed $50 per day. (Ord. 86- from current x.1 6.390. Any civil penalty administrative fees, 20 §1(Exhibit A(8)(D)), 1986). or costs assessed shall be paid no later than 30 days after the final order or the date of notice. 1.16.650 Penalties and Fees - Repeat Such period may be extended by the code Violations ' Comment [SL91]: 1.16.650. Existing text, enforcement officer for the administration moved from current 1.16.415 with minor revisions process or upon order of the hearings officer. The maximum amounts of the civil (Ord. 86 -20 § 1(Exhibit A(8)(B)), 1986). penalties and administrative fees set forth in 1.16.640.A.1, 1.16.640.B and 1.16.640.0 shall 1.16.630 Penalties and Fees - be doubled in the event that the respondent is Classifications found in violation of a second and similar Comment [SL89]: 1.16.630. Existing text, violation within 24 months of the initial moved from current 1.16.400 For the purpose of determining civil violation and quadrupled in the event of a penalties and administrative fees, infractions third or subsequent repetition within 24 are classified in the following categories: months of the initial violation. (Ord. 02 -27). A. Class 1 infractions; 1.16.660 Penalties and Fees - Prior to B. Class 2 infractions; First Appearance in Court Comment [SL92]: 1.16.660. Existing text, moved from current 1.16.420 and expanded to C. Class 3 infractions. (Ord. 86- The code enforcement officer is include administrative process and fees 20 §1(Exhibit A(8)(C)), 1986). authorized to reduce the amount of a civil penalty that could be imposed or the amount 1.16.640 Penalties and Fees - of an administrative fee if compliance has Amounts to be Assessed been achieved and the amount is to be paid in Comment [S190]: 1.16.640. Existing text full on or before the time and date of the first moved from current 1.16.410. The civil penalty or administrative fee appearance in court or before the timeline set to be assessed for a specific infraction shall be out in a Letter of Complaint or an Order to as follows: Abate. (Ord. 02 -27). A. For Class 1 infractions, 1.16.670 Delinquent Penalties, Fees and Costs Comment [a93]: 1.16.670. Existing text, move 1. an amount not to from 1.16.425 and expanded to include exceed $250 per day under either the judicial Delinquent civil penalties, administrative fees. or the administrative enforcement process, or administrative fees or costs and penalties imposed by default judgment may be 2. under the collected or enforced pursuant to Oregon administrative enforcement process, an Revised Statutes 30.310 or any other method. amount: (Ord. 02 -27, Ord. 86 -20 § 1(Exhibit A(8)(E)), a. computed in a 1986). manner established by administrative rule pursuant to 1.16.105 1.16.680 Penalties, Fees and Costs - Assessment I Comment [SL94]: 1.16.680. New section, b. for the entire subsection A is text from current 1.16.310 with B and C added to encompass administrative fees and period the violation exists and not for each A. Upon a finding by the civil abatement costs day of the violation. infractions hearings officer that an infraction was committed by the respondent, the civil 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -19 SE Update: 6/09 20 infractions hearings officer may assess a civil 1.16.700 Administrative Fees and penalty pursuant to Sections 1.16.600 through Costs - Notice of Objection _1.16.650, plus costs. and Hearing Comment [SL96]: 1.16.700. New section to provide for an appeal of an assessment of fees and B. Upon a finding by the code `Data P g Y If an objection to an administrative , enforcement officer that an infraction was fee or costs is filed as provided in Section committed by the respondent and if, within 1.16.690, the code enforcement officer shall, the time allowed in an Order to Abate, the within 10 days, cause a hearing to be infraction has not been abated by the scheduled to be held within 30 days before the responsible party, the code enforcement civil infractions hearings officer. The civil officer may assess an administrative fee infractions hearing officer shall hear the 1 pursuant to Sections 1.16.600 through _ objection and determine the amount of the fee 1.16.650, plus costs. and costs to be assessed including the costs to the city of responding to the objection if the C. For abatement of a violation city's position is sustained. by the city by judicial process pursuant to Section 1.16.340 or administrative process 1.16.710 Penalties, Fees and Costs - pursuant to Section 1.16.430 the code Collection, Lien Filing and enforcement officer shall keep an accurate Docketing Comment [SL97]: 1.16.710. New section to record of the costs incurred by the city in provide for documentation of penalties, fees, and abating the violation. The total amount o f costs and the means of collecting them. Subsection A. When a judgment is rendered A, D, and H are drawn from current 1.16.370.1, 2, d these charges will be assessed against the by the hearings officer in favor of the city for 5. Subsections B, D, E, F, & G added to clarify and responsible party as the cost of abatement. the sum of $100 or more, exclusive of costs, modernize the described process. the code enforcement officer shall, at any time 1.16.690 Administrative Fees and thereafter while the judgment is enforceable, - _ Costs - Notice of Assessment file with the _city _finance officer a_Celhfled f Comment [a95]: 1.16.690. New sec in transcript of all those entries made in the Notice of Assessment. Upon the assessment of docket of the hearings officer with respect to administrative fees or costs pursuant to the action in which the judgment was entered. Section 1.16.680 the code enforcement officer shall forward to all persons responsible for the B. An assessment of the violation a Notice of Assessment stating: administrative fees and costs as stated in the Notice of Assessment shall be made if: A. the total administrative fees and costs, if any, assessed for the violation; 1. no objection to administrative fees and costs is filed as B. that the total amount of the provided in Section 1.16.700 or; fees and costs as indicated will be assessed to and become a lien against the property of 2. fees or costs remain persons responsible for the violation unless applicable following a hearing on an objection paid within 30 days from the date of the and the fees and costs are not paid within 30 notice; days from the date of the notice or the date of the hearing order. C. that any responsible party for the fees and costs may file a written notice of C. The code enforcement officer objection to the amount of the fees and costs shall file with the city finance officer a with the code enforcement officer not more certified statement of the total fees and costs than 10 days from the date of the notice. due. 1 16_Council Revised -1 -10 -2012 AMS 1 -16 -20 SE Update: 6/09 • 21 D. Upon receiving the statement . of total fees and costs due or the certified transcript, the city fmance officer shall enter that total on the city's lien docket. E. The city may bring legal action to collect any civil penalties, fees, costs or interest provided for in this chapter. The city may also use a professional collection agency, or cause the full amount of civil penalties, fees, costs or interest owed to be entered into the city's lien docket and, from the time of entry on the city's lien docket it shall constitute a lien upon property of all persons responsible for the violation. F. A lien shall bear interest at the rate of nine percent per year. Such interest shall commence to run from date of the entry of the lien in the lien docket. G. An error in the name of any person to whom notice is sent shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against property of the responsible party for the violation. H. The fmance officer shall file the statement of total fees and costs due or the transcript of the court judgment with the Washington County Clerk for entry in the judgment docket of the circuit court. All costs associated with the filing of the transcript shall be added to the amount of the statement. 1 16 Council Revised - 1 -10 -2012 AMS 1 -16 -21 SE Update: 6/09 22 1 16_Council Revised - 1 -10 -2012 AMS 1 -16 -22 SE Update: 6/09 REVISED FOR DECEMBER 24 111 DISCUSSION HIGHLIGHTED CHANGES FROM PREVIOUS DRAFT Title 6: NUISANCE VIOLATIONS Sections: Chapter 6.01 GENERAL PROVISIONS AND PENALTIES 6.01.010 Short Title 6.01.020 Definitions 6.01.030 Nuisances Designated - Class I Civil Infraction 6.01.040 Penalty for Violation of This Title 6.01.050 Administrative Rules 6.01.060 Enforcement - Minimum Requirements Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH, SAFETY AND PEACE Article I. General Nuisances 6.02.010 Common Nuisances 6.02.020 Noxious Vegetation 6.02.030 Trees and Bushes 6.02.040 Greenway Maintenance 6.02.050 Attractive Nuisances 6.02.060 Graffiti 6.02.070 Livestock/Poultry Article II. Property Development and Maintenance Requirements 6.02.100 Violation of Title Prohibited 6.02.110 Conditions of Approval 6.02.120 Visual Clearance Requirements 6.02.130 Fences and Walls 6.02.140 Accessory Structures 6.02.150 Insects and Rodents 6.02.160 Signs 6.02.170 Storage in Front Yards Article II1. Junk, Garbage and Putrescible Waste 6.02.210 Vehicles Not to Drop Material on Streets 6.02.220 Open Storage of Junk 6.02.230 Scattering Rubbish 6.02.240 Garbage and Putrescible Waste 6.02.250 Offensive Wastes Prohibited 6.02.260 Unauthorized Deposits Prohibited Article IV. Streets and Sidewalks 6.02310 Streets and Sidewalks 2 6.02.320 Maintenance/Repair of Public Sidewalks 6.02.330 Sidewalks, Curbs and Planter Strips 6.02.340 Encroachment into Public Easement Article V. Noise Nuisances 6.02.410 Prohibition on Excessive Noise 6.02.420 Sound Measurement 6.02.430 Noise Limits 6.02.440 Prohibited Noises 6.02.450 Exceptions to Noise Limits 6.02.460 Maximum Noise Limits for Certain Activities 6.02.470 Evidence of Noise Violation Article VI. Water Service and Meters 6.02.510 Service Connection Maintenance Chapter 6.03 PROPERTY IN THE RIGHT OF WAY 6.03.010 Signs in the Right of Way 6.03.020 Abandoned Personal Property in the Right of Way 6.03.030 City Authority to Remove 6.03.040 Notice Requirements 6.03.050 Exemption from Notice Requirements 6.03.060 Reclamation of Confiscated Personal Property and Signs 6.03.070 Disposal of Personal Property, Signs and Junk 6.03.080 Appeal of Confiscation 6.03.090 Exemption for Criminal Investigation Title 6 Council Revised - 1 -10 -2012 AMS 6 -2 3 Chapter 6.01 GENERAL PROVISIONS AND PENALTIES 6.01.010 Short Title 6.01.020 Definitions 6.01.030 Nuisances Designated - Class I Civil Infraction 6.01.040 Penalty for Violation of This Title 6.01.050 Administrative Rules 6.01.060 Enforcement - Minimum Requirements �,, R ! ' Short Title D. ‘`Civil infraction" or Comment [Al]: 6.01.010 From 7.40.010 "infraction" means the failure to comply with a Comment [A6]: 1.16.030.C. From existing The ordinance codified in this title shall provision of this title. 1.16.030.6 and modified. be known as the "nuisance ordinance," and may also be referred to herein as "this title." E. "Costs" means all expenses Comment [A7]: 6.01.020.E from 7.61.010.4 and incurred and charges associated with any action modified. ' Definitions taken by the city under this title including, but Comment [A2]: 6.01.020 From 7.40.020 and not limited to, the cost to the public of the staff 7.71.010, expanded. As used in this title: time invested and, regarding items confiscated in violation of Sections 6.03.010 and 6.03.020, all A. l xN means to restore a Comment [A3]: 6.01.020.From 7.40.125.A.1 an property to its condition prior to the infraction, -expenses - incurred and -charges- associated with modified. or similar condition that is free of the subject the removal, storage, detention, processing, infractions. In the case of graffiti, "abate" disposition and maintenance thereof. means to remove graffiti from the public view. F. "Dangerous building" means: comment [AS]: 6.01.020.E from 7.40.040.J. B. "Abandoned personal property" 1. a structure 1hat� fo�tlle Comment [Aa]: 6.01.020.8 From 7.61.010.1 an I means any personal property, as the term is modified. defined in this title, which has been discarded, want of proper repairs, -ef by reason of age and dilapidated condition, by reason of poorly deserted or relinquished. installed electrical wiring or equipment, I The pPersonal property shall be defective chimney, defective gas connection, considered abandoned if any of the following defective heating apparatus or for any other conditions exist: cause or reason, is especially liable to fire, and that is so situated or occupied as to endanger any 1. Elie- pPersonal property other building or property or human life; is left unattended in the right of way for more than five hours; 2. a structure containing combustible or explosive material, rubbish, rags, 2. eke- pPersonal property waste, oils, gasoline or flammable substance of is placed in the right of way in a location or any kind, especially liable to cause fire or danger manner as to constitute a potential, imminent or to the safety of the building, premises, or to immediate hazard or obstruction to pedestrian or human life; vehicular traffic or to otherwise pose a threat to public health, safety or welfare. 3. a structure that is kept or maintained or is in a filthy or unsanitary Comment [AS]: 6.01.020.0 From 7.61.010.2 an. C. "City manager' means the city condition, especially liable to cause the spread modified manager or his designee_of thy. of contagious or infectious �Iisease or diseases; 4. a structure in such Title 6 Council Revised - 1 -10 -2012 AMS 6 -3 4 weak, a - weakened- eeldition, of-dilapidated or 3. poison oak, poison ivy deteriorated condition as to endanger any person or similar vegetation; or property by reason -efdue to a probability of partial or entire collapse. (Ord. 86 -39 4. dead trees, dead bushes, S 1 (Exhibit A), 1986; Ord. 86 -20 S4(Exhibit stumps and any other thing likely to cause fire; C(4)), 1986). 5. blackberry bushes that G. "Dispose of /Disposal" means to extend into a ri right of way or across a property Comment [A9]: 6.01.020.G from 7.61.010.5 am get rid of and includes sell, auction, donate, line; modified. destroy, repurpose and recycle. 6. vegetation that is a fl. "Graffiti "' means any inscription, health hazard; , Comment [A10]: 6.01.020.H from 7.40.125.A.2 word, figure or design that is marked, etched, scratched, drawn or painted on any surface with 7. vegetation that is a paint, ink, chalk, dye, other similar substance or health hazard because it impairs the view of the placement of stickers or appliques, regardless of right of way or otherwise makes use of the right content, without authorization from the of way hazardous. responsible party for the property. 8. "noxious vegetation" 1. "Graffiti nuisance property" [ Comment [All]: 6,01,020.1 from 7.40.125.A.3. means does not include vegetation that constitutes - eans a property upon which graffiti has been agricultural crop, unless that vegetation is a placed and for which a Letter of Complaint or Notice of Violation has been sent to the owner health hazard, a fire hazard or a traffic hazard, responsible party for the property consistent and it is vegetation within the meaning of this with Chapter 1.16 and on which the graffiti has subsection. been allowed to remain for more than the length M. "Occupant" means any person, ( Comment [A15]: 6.01.020.M new de of time specified in the letter or notice. tenant, sub - lessee, successor or assignee that has l over property. J. "Junk" means items which have control ( Comment [Al2]: 6.01.020.J from 7.61.010.A.6. no apparent utility or are in an unsanitary N. "Owner ", means any person, Comment [A16]: 6.01.020.N from 7.61.010.A.7 condition. agent, firm, corporation, unincorporated and modified. K. "Noise- sensitive unit' shall association, partnership, limited liability Comment [A13]: 6.01.020.K from 7,40.150.A. include any building or portion of a building company - or other entity having - a legal or containing a residence, place of overnight equitable interest in or a claim to a property and accommodation, church, day care center, includes, but is not limited to, a mortgagor in hospital, school or nursing care center. For the possession, an occupant, or a person, agent, firm purpose of this definition, "residence" and or corporation that owns or exercises control "overnight accommodation" do not include over items of property including abandoned living/sleeping quarters of a caretaker or personal property or a sign confiscated pursuant watchperson on industrial or commercial to this chapter. property provided by the owner or operator of O. 1 "Permit' means to knowingly ( Comment [A17]: 6.01.020.0 from 7.40.125.A.7 the industrial or commercial facility. allow, suffer or acquiesce by any failure, refusal L. "Noxious vegetation" means: or neglect to abate. Comment [A14]: 6.01.020.L from 7.40.050.A and B and modified. 1. weeds more than 10 P. "Person" means an individual inches high; human being and may also refer to a firm, Comment [A18]: 6.01.020.P new defmition. 2. grass more than 10 corporation, unincorporated association, inches high and not within the exception stated partnership, limited liability company, trust, in paragraph 8 of this subsection; estate or any other legal entity. Title 6 Council Revised - 1 -10 -2012 AMS 6-4 5 Q. "Personal property"l means _ Comment [A19]: 6.01.020.Q from 7.61.010.A.8 tangible items, other than signs, as defined in There may be more than one party and modified. this title, and vehicles which are reasonably responsible for a particular property. recognizable as belonging to individual persons and which have apparent utility. V. "Right of way" means astrip of Comment [A24]: 6.01.020.V from 7.61.010.A.s land or structure occupied or intended to be and modified. R. "Plainly audible' means any _ occupied by a street,_crosswalk,_pedestrian or Comment [A201: 6.01.020.R from 7.40.150.B. sound for which the information content of that bike path, railroad, road, electric transmission sound is unambiguously communicated to the line, oil or gas pipeline, water main, sanitary or I listener, such as, including but not limited to, storm sewer main, street trees or other special understandable spoken speech, comprehensible use and all other public ways and areas managed musical rhythms or vocal sounds. by the city. S. "Premises open to the public" W. Sigetl _ means any materials _ I Comment [A21]: 6.01.020.S from 7.40.125.A.8 means all public spaces including, but not t placed or constructed primarily to convey a comment [A25]: 6.01.020.W from limited to, streets, alleys, sidewalks, parks, message or other display and which can be 18.780.015.A.48 and modified. rights of way and public open space, and private viewed from the right of way, another property property onto which the public is regularly or from the air including any outdoor sign, invited or permitted to enter for any purpose. display, light, device, figure, painting, drawing, message, plaque, poster or other thing designed, T. 'Property" means any real or intended-or-used-to advertise or inform. I Comment [A22]: 6.01.020.T from 7.40.125.A.9 personal property including, but not limited to, items affixed or appurtenant to real property or X. "Unauthorized" means without Comment [A26]: 6.01.020.X from premises, house, building, fence or structure and consent of the owner, occupant or responsible 7.40.125.A.11. items of machinery, drop boxes, waste p containers, utility poles. and vaults and post office collection boxes. Y. 1 "Unnecessarily loud'i, means any ( Comment [A27]: 6.01.020.Y from 7.40.150.C. sound that interferes with normal spoken U. "Responsible party" means any _ communication or that disturbs sleep. Comment [A23]: 6.01.020.0 from 7.40.020.A of the following: and 7.40.125.A.10 and modified. (Same text as the defmition in Chapter 1.16.) Z. 1 "Violation" means failure to Comment [A28]: 6.01.020.2 from 1.16.030.5 1. an owner, comply with a requirement imposed directly or and modified. indirectly by this title and may also mean civil 2. an entity or person infraction or infraction. acting as an agent for an owner by agreement that has authority over the property, is 6.01.039 Nuisances Designated - Class ' Comment [A29]: 6.01.030 From 7.40.030, responsible for the property's maintenance or 1 Infraction expanded. management, or is responsible for abating or remedying a nuisance, A. Tt. �e—a = .cts, omissions, conditions or objects specifically enumerated in 3. any person occupying this title are hereby declared to be a public the property, including bailee, lessee, tenant or nuisance. I other person having possessio B. Violations of other titles of this 4. the person who is code are likewise declared to be public . alleged to have committed the acts or omissions, nuisances unless otherwise characterized in their created or allowed the condition to exist, or location in another title. placed the object or allowed the object to exist on the property, or (Ord. 86 -20 S4(Exhibit C. In addition to the-- nuisances C(2)), 1986). specifically enumerated within this title, every 5. a foreclosure or other thing, substance or act which is determined bankruptcy trustee. Title 6 Council Revised - 1 -10 -2012 AMS 6 -5 6 by the council to be offensive, injurious or 3. procedures by which detrimental to the public health, safety or owners of confiscated personal property or signs 1 welfare of the city is declared to be a nuisance. can reclaim the items: 6.01.040 Penalty for Violation of this 4. a fee schedule for Comment [A301: 6.01.040 From 7.40.210 and Title violations of Chapter 6.03 and the recovery of modified. costs associated with the— confiscation and A. A violation of this title shall reclamation of personal property or signs constitute a Class 1 Civil Infraction, which shall confiscated in the right of way. be processed according to the— procedures established in Chapter 1.16 of this code. B. Such administrative rules shall be adopted pursuant to the provisions of Chapter B. Each violation of a provision of 2.04. this title shall constitute a separate infraction, 1 and each day that a violation of this chapter tide 6.01.060 Enforcement - Minimum is committed or permitted to continue shall Requirements Comment [A321: 6.01.060 From 7.61.055 and constitute a separate infraction. modified. A. The provisions of this title are C. A finding of a violation of this declared to be minimum requirements. title shall not relieve the responsible party of the duty to abate the violation. pPenalties 1. In their interpretation imposed by this seetien title are in addition to and application, the provisions of this title shall and not in lieu of any remedies available to the be held to be minimum requirements, adopted city. for the protection of the public health, safety and general welfare. D. Each violation of a provision of the -requirements title is subject to the specific penalty or 2. When the- requirements administrative fee established in Chapter 1.16 of of this title vary from other provisions of this this code. title or with any other title of the Tigard Municipal Code or Oregon Revised Statutes, the '150 _ Administrative Rules most restrictive or that imposing the highest Comment [A311: 6.01.050 New Section to standard shall govern. provide for administrative rules. A. The city manager is authorized to draft and adopt administrative rules that B. A finding of a violation of this establish: title which results in confiscation of personal property or signs does not prevent the city from 1. the types of signs additionally issuing citations for violations of exempted from the notice requirements of this title or any other title of the Tigard 6.03.040, based on the likelihood the sign will Municipal Code or Oregon Revised Statutes for be reclaimed, which may take into consideration the same property or incident. the value of the materials and condition of the sign; C. This section shall not be read to prohibit it -any way-alternative remedies set out 2. standards and methods in this title or any other title of the Tigard for recording information about signs and Municipal Code or Oregon Revised Statutes personal property confiscated in the right of which are intended to abate or alleviate code way, including a description of the sign or violations, nor shall the city be prevented from personal property, the location from which it recovering, in any manner prescribed by law, was confiscated and the date and time of the any expense incurred by it in abating or confiscation; removing ordinance violations pursuant to any code provision. Title 6 Council Revised - 1 -10 -2012 AMS 6 -6 7 Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH, SAFETY AND PEACE Article I. General Nuisances 6.02.010 Common Nuisances 6.02.020 Noxious Vegetation 6.02.030 Trees & Bushes 6.02.040 Greenway Maintenance 6.02.050 Attractive Nuisances 6.02.060 Graffiti 6.02.070 Livestock/Poultry Article II. Property Development and Maintenance Requirements 6.02.100 Violation of Title Prohibited 6.02.110 Conditions of Approval 6.02.120 Visual Clearance Requirements 6.02.130 Fences and Walls 6.02.140 Accessory Structures 6.02.150 Insects and Rodents 6.02.160 Signs 6.02.170 Storage in Front Yards Article III. Junk, Garbage and Putrescible Waste 6.02.210 Vehicles Not to Drop Material on Streets 6.02.220 Open Storage of Junk 6.02.230 Scattering Rubbish 6.02.240 Garbage and Putrescible Waste 6.02.250 Offensive Wastes Prohibited 6.02.260 Unauthorized Deposits Prohibited Article IV. Streets and Sidewalks 6.02.310 Streets and Sidewalks 6.02.320 Maintenance/Repair of Public Sidewalks 6.02.330 Sidewalks, Curbs and Planter Strips 6.02.340 Encroachment into Public Easement Article V. Noise Nuisances 6.02.410 Prohibition on Excessive Noise 6.02.420 Sound Measurement 6.02.430 Noise Limits 6.02.440 Prohibited Noises 6.02.450 Exceptions to Noise Limits 6.02.460 Maximum Noise Limits for Certain Activities 6.02.470 Evidence of Noise Violation Title 6 Council Revised - 1 -10 -2012 AMS 6 -7 8 Article VI. Water Service and Meters 6.02.510 Service Connection Maintenance Article I. General Nuisances H. animals, including livestock, or buildings for the purpose of maintaining 6.02.010 Common Nuisances _ livestock or animals, maintained in such places Comment [A33]: 6.02.010 From 7.40.040 and or in such a manner that they are offensive or , modified.. No person shall cause or permit a annoying to the residents within the immediate nuisance affecting the public health. The vicinity, or maintaining the premises in such a following are nuisances affecting the public manner as to be a breeding place or likely health: breeding place for rodents, flies and other pests. A. an open vault or privy I. an animal carcass permitted to constructed and maintained within the city, remain on public property or to be exposed on except those constructed or maintained in public property for a period of time longer than connection with construction projects in is necessary to remove or dispose of the carcass. accordance with the State Health Division regulations. J. maintenance on private property of a dangerous building B. accumulations of debris, _ rubbish, manure and-or other refuse that affect 6.02.020 Noxious Vegetation Comment 1A341: 6.02.020 From 7.4( the health of surrounding persons. modified. A. No owner or responsible party C. stagnant water that affords a shall allow noxious vegetation to be on the breeding place for mosquitoes and other insect property or in the right of way abutting the pests. property. D. pollution of a body of water, B. The owner or responsible party well, spring, stream or drainage ditch by sewage, shall cut down or destroy grass, shrubbery, industrial wastes or other substances placed in or brush, bushes, weeds or other noxious near the water in a manner that will cause vegetation as often as needed to prevent them harmful material to pollute the water. from becoming unsightly or, in the case of weeds or other noxious vegetation, from E. any animal, substance or maturing or from going to seed. condition on the premises that is in such a state or condition as to cause an offensive odor 6.02.030 Trees and Bushes (Comment [A351: 6,02,030 From 7.40.060 detectable at a property line, or that is in an insanitary condition. A. No responsible party shall permit tree- branches or roots of trees or bushes F. drainage of liquid wastes from on the property to extend into a right of way in a private premises. manner which interferes with its use. G. cesspools or septic tanks that are B. It shall be the duty of a A in an unsanitary condition or which cause an responsible party teshall keep all treethe offensive odor. branches of all trees or bushes on the premises that adjoin the right of way, including an Title 6 Council Revised - 1 -10 -2012 AMS 6 -8 9 adjoining parking strip, trimmed to a height of Attractive Nuisances 1 Comment [A37]: 6.02.050 From 7.40.110 and not less than eight feet above a sidewalk and not modified. less than 10 feet above a street. A. No responsible party shall permit on the property: C. No responsible party shall allow to stand any dead or decaying tree that is in 1. unguarded machinery, danger of falling or otherwise constitutes a equipment or other devices that are attractive, hazard to the public or to persons or property on dangerous and accessible to children; or near the property. 2. lumber, logs, building __Greenwa_y Maintenance _material o_ r pi]ing_placed Qr stored_ in a manner ( Comment [A36]: 6.02.040 From 7.40.090 so as to be attractive, dangerous and accessible A. A responsible party shall to children; maintain the property, subject to an easement to the city or to the public for greenway purposes. 3. an open pit, quarry, B. Except as otherwise provided by cistern or other excavation without safeguards or this section and Sections 6.02.020 t# eugh —_ barriers to prevent such places from being used 6.02.050, 6.02.210 through _6.02.230, and by children; or 6.02.310, the standards for maintenance shall be 4. an exposed foundation as follows: or portion of foundation, any residue, debris or I 1. The 'Land shall remain other building or structural remains, for more in its natural topographic condition. No private than thirty days after the destruction, demolition structures, culverts, excavations or fills shall be or removal of any building or portion of the building. constructed within the easement area unless authorized by the city engineer based on a B. This section shall not apply to finding of need in order to protect the property authorized construction projects with reasonable or the public health, safety or welfare. safeguards to prevent injury or death to children. 2. No tree over five feet in 6.02.0601 Graffiti ( comment [A38]: 6.02.060 From 7.40.125.B. height shall be removed unless authorized by the community development director based on a A. Placing graffiti that is visible fmding that the tree constitutes a nuisance or a from premises open to the public, such as public hazard. rights of way or other publicly owned property, 3. Grass shall be kept cut upon any real or to a height not exceeding 10 inches, except when personal property, such as buildings, fences and some natural condition prevents cutting. structures, • • :. :. = : ' : • : •• • 3 • - or-responsible-party-is a a violation of this title and C. In situations where the approval is subject to its remedies. authority establishes different standards or B. Any property location in the additional standards, the standards shall be in City of Tigard that becomes a graffiti nuisance writing and shall be recorded. property is in violation of this title and is subject to its remedies. D. No person shall be found in violation of this section of the code unless the C. Every responsible party who person has been given actual or constructive permits a property to become a graffiti nuisance notice of the standards prior to the time the property is in violation of this title and subject to Comment [A39]: Existing text from 7.40.125.0 violation occurred. its remedies. deleted to let graffiti be treated as a Class I Civil Infraction under Chapter 1.16 like any other nuisance violation. Title 6 Council Revised - 1 -10 -2012 AMS 6 -9 10 -I - AO Livestock/Poultry Storage of any materials including Comment [A40): 6.02.070 From Table 18.510.1 wastes or maintaining any grounds in a manner , Footnote 6. No poultry or livestock, other than that may attract or aid the propagation of insects normal household pets, may be kept unless or rodents or create a health hazard is declared to housed or retained within a fenced run at least be a public nuisance in violation of this title. 100 feet from any nearby residence except a dwelling on the same lot. 6.02.160 Signs Comment [A47]: 6.02.160 New text, refers to 18.780 Article II. Property Development and Constructing, placing or maintaining a Maintenance Requirements sign in violation of The- provisions of Section 18.780 is declared to be a public nuisance in 6.02.100 Violation of Title Prohibited violation of this title. ( Comment [A41]: 6.02.100 from 18.230.020 Erecting, constructing, altering, 6.02.170 _ Storage in Front Yards Comment [A46]: 6.02.170 New text, refers to maintaining or using any building or structure or 18.730.050.0 using, dividing or transfer transferring land in Storage of any boats, trailers, campers, violation of the Community Development Code camper bodies, house trailers, recreation gTitle 18) are declared to be a public nuisance in vehicles or commercial vehicles in excess of 3 4 violation of this title. ton capacity in a required front yard in a residential zone in violation of the provisions of 6.02.110 Conditions of Approval Section 18.730.050.0 is declared to be a public Comment [A42]: 6.02.110 New section, refers t nuisance in violation of this title. 18.210.020, 18.210.70, 18.390.030.C, 18.390.040D Failure to maintain a property In 18.390.O5O.E.3 & 18.390.060.H compliance with a condition of approval issued Article III. Junk, Garbage and Putrescible pursuant to the Community Development Code Waste (Title 18) is declared to be a public nuisance in violation of this title. 6.02.210 Vehicles Not to Drop Material ( Comment [A49]: 6.02.210 From 7.40.,. on Streets 6.02.120 Visual Clearance [ Comment [A43]: 6,02.120 New text, refers to Requirements The owner or operator of any vehicle l 18.795.030 engaged in transportation of excavation or All property within the city shall be construction materials shall be responsible for maintained in compliance with the Visual keeping the public streets and sidewalks free Clearance Requirements of Section 18.795.030. from such materials, including, but not limited to, earth, rock and other debris that may obstruct 6.02.130 Fences and Walls or render the street or sidewalk unsafe for its Comment [A44]: 6.02.130 New text, refers to intended use. 18.745.050.0 Erection of a fence or wall, except as in compliance with Section 18.745.050.C, is 6.02.220 Open Storage of Junk _ ( Comment [A50]: 6.02.220 From 7.40.100 declared to be a public nuisance in violation of this title. No person or responsible party shall deposit, store, maintain or keep on any real OSMO Accessory Structure s property, except in a fully enclosed storage ' Comment [A45]: 6.02.140 New text, refers to facility, - Wilding or garbage receptacle, any of 18.510.060 Constructing, placing or maintaining an the following: accessory structure in violation of the provisions of Section 18.510.060 is declared to be a public A. an icebox or refrigerator, or nuisance in violation of this title. similar container, which seals essentially airtight, without first removing the door; Insects and Rodents Comment [A46]: 6.02.150 From 18.725.030.E B. inoperable or - partially and modified. Title 6 Council Revised - 1 -10 -2012 AMS 6 -10 11 dismantled automobiles, trucks, buses, trailers or specific provisions for containers have been other vehicle equipment or parts thereof in a made. state of disrepair, for more than ten days as to any one automobile, truck, bus, trailer or piece Article IV. Streets and Sidewalks of vehicular equipment; 16.02.310 Streets and Sidewalks ( Comment [A55]: 6.02.310 From 7.40.070 C. used or dismantled household 1 appliances, furniture, other discards or junk, for The A responsible party shall keep a more than five days. public street and/or sidewalk abutting their property free from earth, rock and other debris Scattering Rubbish and other objects that may obstruct or render the Comment [A51]: 6.02.230 From 7.40.120 and street or sidewalk unsate tor its intended use. modified. No person shall deposit upon public or private property any kind of rubbish, trash, 6.02.320 Maintenance and Repair of ( Comment [A56]: 6.02.320 From 15.12.010 debris, refuse, or any substance that would mar Public Sidewalks the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the It is the duty of all persons owning lots property or would be likely to injure a person or or land which have public sidewalks abutting the animal or damage a vehicle traveling upon a same, to maintain and keep in repair the right of way. sidewalks and not permit them to become or remain in a dangerous or unsafe condition. MOO Garbage and Putrescible "Maintenance" includes, but is not Iimited to, the Comment tA52]: 6.02.240 From 11.04.100.1.e. Waste removal snow and ice. Any owne'a of of land who neglects to promptly comply with the A. All solid waste receptacles, provisions of this section is fully liable to any including, but not limited to, cans, containers person injured by such negligence. The city and drop boxes, shall be maintained in a safe shall be exempt from all liability, including, but and sanitary condition by the customer. not limited to, common -law liability, that it might otherwise incur to an injured party as a B. All putrescible solid wastes result of the city's negligent failure to maintain shall be removed from any premises at least and repair public sidewalks. (Ord. 91 -12 §1, once every seven days, regardless of whether or 1991: Ord. 85 -44 §3, 1985). not confined in any container, compactor, drop box or other receptacle. 6.02.330 Sidewalks, Curbs and Planter Comment [A57]: 6.02.330 From 18.810.070.E Strips Offensive Wastes Prohibited Comment [A53]: 6,02.250 From 11.04.110 Maintenance of sidewW&ks,, curbs and No person shall have waste on property planter strips is the continuing obligation of the that is offensive or hazardous to the health or adjacent property owner. safety of others or which creates offensive odors or a condition of unsightliness. 6.02.340 Encroachments into Public Comment [A58]: 6.02.340 From 15.16.010.1.a Rights of Way, Easements and Unauthorized Deposits Public Property Comment [A54]: 6.02.260 From 11.04.120 Prohibited Except as provided in subsection No person shall, without authorization 15.16.010.1.b, it shall be unlawful for any and compliance with the disposal site person to erect or cause to be erected any requirements of Chapter 11.04, deposit waste on structure or to place or maintain any vegetation public property or the private property of and/or landscaping materials in, over or upon another. Streets and other public places are not any dedicated public right of way, easement or authorized as places to deposit waste except as public property without having first obtained a Title 6 Council Revised - 1 -10 -2012 AMS 6 -11 12 revocable permit from the city manager or of or within a property on which a noise designee authorizing such action. Encroachment sensitive unit, not the source of the sound, is into improved public right of way is only located, exceeds: allowed if specifically authorized by the city pursuant to Chapter 15.04. 1. 40 dB at any time between104 p.m. and 7 a.m. the following day; Comment [A62]: 6.02.430 changes from 9 p.m. Article V. Noise Nuisances or to l 0p.m. at Council suggestion. NNW Prohibition on Excessive Noise 2. 50 dB at any ( Comment [A591: 6.02.410 From 7.40.130 between 7 a.m. and 109 p.m. the same day; or A. No person shall make, assist in making, permit, continue or permit the B. Is plainly audible at any time continuance of any noise within the City of between 109 p.m. and 7 a.m. the following day Tigard in violation of this article. within a noise - sensitive unit which is not the source of sound; or B. No person shall cause or permit any noise to emanate from property under that C. Is unnecessarily loud within a person's control in violation of this article. noise - sensitive unit which is not the source of (Repealed and replaced by Ord. 0I -13A, Ord. the sound. 96 -06; Ord. 90 -03 §1(part), 1990). D. When measured at or within the 6.02.420 Sound Measurement boundaryofor_within_a_ property onwhich_o ( Comment [A60]: 6.02.420 From 7.40.140 noise - sensitive unit is located, and the noise A. While sound measurements are originates from outside the property, if the noise not required for-the enforcement of this article, level exceeds: should measurements be made, they shall be made with a sound level meter. The A sound 1. 60 dB at any time level meter shall: between 109 p.m. and 7 a.m. of the following day; or 1. Shall be an instrument in good operating condition, meeting the 2. 75 dB at any other time. requirements of a Type I or Type II meter; E. If within a park, street or other I 2. Shall contain at least an public place, is unnecessarily loud at a distance A- weighted scale, and both fast and slow meter of 100 feet. (Repealed and replaced by Ord. 01- response capability. 13A, Ord. 90 -03 §1 (part), 1990). B. If measurements are made, the 6.02.440 Prohibited Noises ( Comment [A63]: 6.02.440 From 7.40.170 person making those measurements shall have completed training in the use of the—a the—a sound A. IJTho use of exhaust brakes level meter, and shall use measurement (fake brakes), except in an emergency or except procedures consistent with that training. when used by a person operating an emergency (Repealed and replaced by Ord. 01 -13A, Ord. services vehicle equipped with a muffled 90 -03 § 1(part), 1990). compression braking system, is prohibited at all times within the city, regardless of noise level. 6.02.430 _ Noise Limits _ ( Comment [A61]: 6.02.430 From 7.40.160 B. Except as provided in Section It is unlawful for any person to produce, 6.02.450, the following acts are violations of this or permit to be produced, sounds which: chapter article if they exceed the noise limits specified in Section 6.02.430: A. When measured at the boundary Title 6 Council Revised - 1 -10 -2012 AMS 6 -12 13 1. the— sounding of any The following shall not be considered horn or signal device or any other device on any violations of this article, even if the sound limit automobile, motorcycle, truck, bus or other specified in Section 6.02.430 is exceeded: vehicle while in motion, except as a danger signal; A. non - amplified sounds created by organized athletic or other group activities, when 2. the operation of sound- such activities are conducted on property producing devices such as, but not limited to, generally used for such purposes, such as musical instruments, loudspeakers, amplifying stadiums, parks, schools and athletic fields, devices, public address systems, radios, tape during normal hours for such events; recorders and/or tape players, compact disc players, phonographs, television sets and stereo B. sounds caused by emergency systems, including those installed in or on work, or by the ordinary and accepted use of vehicles; emergency equipment, vehicles and apparatus, regardless of whether such work is performed by 3. the—operation of any a public or private agency, or upon public or gong or siren upon any vehicle, other than private property; police, fire or other emergency vehicle, except during sanctioned parades; C. sounds caused by bona fide use of emergency warning devices and alarm 4. the —use of any systems; automobile, motorcycle or other vehicle so out of repair or in such a manner as to create loud or D. sounds regulated by federal law, unnecessary sounds, grating, grinding, rattling or including, but not limited to, sounds caused by other noise; railroads or aircraft; 5. the— keeping of any E. sounds caused by demolition animal or bird that creates noise in excess of the activities when performed under a permit issued levels specified in Section 6.07.430; by appropriate governmental authorities and only between the hours of 7 a.m. and 7-18 p.m. Comment [A65]: 6.02.450 E, F, H & 1, changes 6 the operation of air seven days a week; from 7 p.m. to 8 p.m. at Council suggestion. conditioning or heating units, heat pumps, refrigeration units (including those mounted on F. sounds caused by industrial, vehicles) and swimming pool or hot tub pumps; agricultural or construction activities during the hours of 7 a.m. to 7-8 p.m. seven days a week; 7. the erection (including excavation), demolition, alteration or repair of G. sounds caused by regular any building, except as allowed under Sections vehicular traffic upon premises open to the 6.02.450.E and 6.02.450.F; public in compliance with state law. Regular vehicle traffic does not include a single vehicle 8. the -use or creation of that creates noise in excess of the standard set amplified sound in any outdoor facility; forth in Section 6.02.430; 9. any other action that H. sounds caused by air -, creates or allows sound in excess of the level electrical- or gas -driven domestic tools. allowed by Section 6.02.430. (Ord. 06 -03; including, but not limited to, lawn mowers, leaf Repealed and replaced by Ord. 01 -13A, Ord. 96- blowers, lawn edgers, radial arm, circular and 06; Ord. 90 -03 §1(part), 1990). table saws, drills and/or other similar lawn or construction tools, but not including tools used 6.02.450 Exceptions to Noise Limits for vehicle repair, during the hours of 7 a.m. to [ Comment [A64]: 6.02.450 From 7.40.180 87 p.m. seven days a week; • Title 6 Council Revised - 1 -10 -2012 AMS 6 -13 14 The city manager may approve a noise I. sounds caused by chainsaws, mitigation plan only if the city manager when used for pruning, trimming or cutting of determines that the noise mitigation plan will live trees between the hours of 7 a.m. and 8; prevent unreasonable noise impacts. (Ord. 05- p.m., and not exceeding two hours in any 24 14; repealed and replaced by Ord. 01 -13A, Ord, hour period seven days a week; 90 -03 § 1(part), 1990). J. sounds created by community 6.02.460 Maximum Noise Limit for ( Comment [A66]: 6.02.460 from 7.40.190 events, such as parades, public fireworks Certain Activities displays, street fairs and festivals that the city manager or designee has determined in writing Notwithstanding Section 6.02.450, the to be community events for the purposes of this creation of noise by any activity subject to the section. The city manager's decision shall be exceptions listed in subsections 6.02.450.E, based on the anticipated number of participants 6.02.450.F, 6.02.450.H, or 6.02.450.I, in excess or spectators, the location of the event and other of 85 dB measured on property on which a noise factors the city manager determines to be sensitive use is located, for more than five • appropriate under the circumstances. minutes in any calendar day shall be a violation. (Repealed and replaced by Ord. 01 -13A, Ord. K. sounds made by legal fireworks 99 -29; Ord. 96 -06; Ord. 90 -03 § 1(part), 1990). on the third of July, Fourth of July, and the Friday and Saturday during the weekend closest 6.02.470 Evidence of Noise Violation ( Comment [A67]: 6.02.470 From 7.40.200 to the Fourth of July of each year, between the hours of 7 a.m. and 11 p.m.; A. In any civil infraction action based on a violation of—the limits set forth in L. sounds made between midnight subsections 6.02.430.B, 6.02.430.0 or and 12:30 a.m. on January 1 of each year; 6.02.430.E, the evidence of at least two persons from different households shall be required to M. sounds originating from establish a violation. Any police or code construction projects for public facilities within enforcement officer or other city employee who rights of way pursuant to a noise mitigation plan witnessed the violation shall be counted as a approved by the city manager. The city manager witness for purposes of the two witness may approve a noise mitigation plan only if the requirement. city manager determines that the noise mitigation plan will prevent unreasonable noise B. The city may ask an alleged impacts. The noise mitigation plan must: violator to enter into a voluntary compliance agreement consistent with Section 1.16.115 1. map the project noise based on a single complaint or single witness. impacts and explain how the impacts will be (Repealed and replaced by Ord. 01 -13A, Ord. mitigated; 99 -29; Ord. 96 -06; Ord. 90 -03 § 1(part), 1990). 2. provide special Article VI. Water Service and Meters consideration and mitigation efforts for noise sensitive units; 6.02.510 Service Connection and ( Comment [A681: 6.02.510 From 12.10.160 Maintenance 3. outline public notification plans; A. The city will maintain all standard service connections in good repair 4. provide a 24 -hour without expense to the customers. telephone contact number for information and B. Each customer is required uired to use complaints about a project. reasonable care and diligence to the Title 6 Council Revised - 1 -10 -2012 AMS 6 -14 15 water meter and meter box from loss or damage D. Failure to maintain the area will by freezing, hot water, traffic hazards and other result in city personnel clearing the area to meet causes, in default of which, such customer shall the city's meter reading and maintenance needs. pay to the city the full amount of the—any - . ' . _ _ . _ _ . . - Any related resulting damage. expenses- efcosts incurred by the city in clearing C. Each customer is required to the area will be charged to the customer. maintain a vegetation- and other obstruction -free zone of a minimum of two feet around the box. E. The city shall have no liability Clear access to the meter shall be from the street for trimming or maintaining vegetation in order side in a direct path to the water meter. to read meters. Chapter 6.03 PROPERTY IN THE RIGHT OF WAY 6.03.010 Signs in the Right of Way 6.03.020 Abandoned Personal Property in the Right of Way 6.03.030 City Authority to Remove 6.03.040 Notice Requirements 6.03.050 Exemption from Notice Requirements 6.03.060 Reclamation of Confiscated Personal Property and Signs 6.03.070 Disposal of Personal Property, Signs and Junk 6.03.080 Appeal of Confiscation 6.03.090 Exemption for Criminal Investigation 1 6.03.010 S igns in the Right of Way the disposition of the abandoned personal ( Comment [A691: 6.03.010 From 7.61.015 property. A. Placement of a sign in the right of way, unless the placement is authorized by a 6.03.030 City Authority to Remo ve Comment [A71]: 6.03.030 From 7.61.025.A am separate provision of any title of the Tigard , modified Municipal Code or Oregon Revised Statutes, is The city manager may confiscate any declared to be a public nuisance m violation of sign in violation of Section 6.03.010 and any this title. abandoned personal property in violation of Section 6.03.020 without prior notice. B.A responsible party for a sign in violation of this chapter shall be 6.03.040 Notice Requirements Comment [A72]: 6.03.040 from 7.61.025.B, C, responsible for any and all costs associated with . D. disposition of the sign. A. Subject to exemption by Section 6.03.050, the responsible party forowncr of 6.03.020 _ Abandoned Personal Property personal property or signs_ confiscated under Comment [A70]: 6.03.020 From 7.61.020 and in the Right of Way Section 6.03.030 shall be notified of the modified. violation and confiscation by the city manager or A. Abandoned personal property in designee. the right of way is declared to be a public nuisance in violation of this title. 1. If the identity and mailing address of the responsible party B. The responsible party for the forewner of personal property or signs abandoned personal property shall be confiscated under Section 6.03.030 is known, responsible for any and all costs associated with the city manager shall notify the owner of the Title 6 Council Revised - 1 - 10 - 2012 AMS 6 -15 16 item by certified mail or personal service no 1. shall be stored for a later than 30 days following the date of the minimum of 14 days after the date of confiscation. confiscation; 2. If the identity and 2. shall be available during mailing address of the responsible party the storage period for reclamation by the owner forowner of personal property or signs is not after payment in full of all costs associated with known, the city manager shall arrange for the the disposition of the sign; public notice of the confiscation to be provided within 30 days following the confiscation, either 3. may be disposed of by publication in a newspaper of general after the storage period without further circulation in the city or by publication on the notification. city website, with a clearly marked link from the city's homepage. 6.03.060 _ Reclamation of Confiscated ( Comment [A74]: 6.03.060 From 7.61.035 Personal Property and Signs B. A notice under subsection A shall include: A. The city manager shall establish a location for the storage of confiscated personal 1. a statement that the property and signs. The location should be personal property or sign was in violation of reasonably secure and accessible to city staff so Chapter 6.03 of the Tigard Municipal Code; that personal property and signs can be reclaimed. 2. a description of the personal property or sign and the date, time and B. Confiscated personal property location from which the item was confiscated; and signs shall be stored for no less than 30 days following the provision of notice under Sections 3. a copy of Section 6.03.040 and 6.03.050. 1 6.03.030 notifying the responsible partyew of the process and fees required to retrieve the MI _ The city manager is authorized Comment [A75]: 6.03.060.0 reclamation text confiscated personal property or sign from the to impose and collect an appropriate replaced with administrative rule 06.01.050.A.3 -01 01. New text authorizes collection of fees. city; administrative fee for a violation of this chapter consistent with subsection 1.16.640.A.2 and to 4. the date after which additionally recover all costs associated with the disposal of the personal property or signs shall confiscated item. occur. 6.03.070 Disposal of Personal Property, ( Comment [A76]: 6.03.070 From 7.61.040 C. A notice by publication under Signs and Junk subsection A may contain multiple listings of confiscated signs. A. The city manager may immediately dispose of any junk found in the Exemption from Notice right of way. Disposing of junk under this ( Comment [A73]: 6.03.050 From 7.61.030 Requirements subsection is not subject to the notice and reclamation provisions of 6.03.040 threugli- A. The city manager may exempt 6.03.060. certain signs from the notice requirements of 6.03.040. B. The city manager may order the destruction or other disposal of any personal B. Signs that are exempt from property coming into the city's possession which notice requirements: is determined by the city to be dangerous or perishable. Weapons shall be destroyed in accordance with ORS 166.280. Such disposal Title 6 Council Revised - 1 -10 -2012 AMS 6 -16 17 under this subsection is not subject to the notice include payment in full for the cost of the I and reclamation provisions of 6.03.040 through _ hearing. 6.03.060. C. The city shall not consider C. At the sole discretion of the city requests for hearings which do not meet the manager and without provision of notice, the requirements of subsections A and B. city may donate, dispose of, sell, recycle or repurpose any personal property or sign not D. The city manager or designee reclaimed before expiration of the storage may establish a fee for the cost of conducting a period. hearing. I D. In lieu of the disposal of E. A hearing shall comply with all confiscated personal property under this section, of the following: at any time the city is authorized to sell or auction the -any confiscated personal property or 1. Upon receipt of a sign, the city may convert the personal property proper request for a hearing, the city shall set a or sign to public use by entering it on the city's time for a hearing within 30 days of the receipt fixed asset inventory. of the request and shall provide notice of the I hearing to the responsible party forewners -ef the 1. Notice of the transfer of confiscated personal property or sign. the personal property or sign to the city shall be given once by publication in a newspaper of 2. Hearings held under this general circulation in the city or by publication section may be informal in nature, but shall on the city website at least 30 days before the afford a reasonable opportunity for the person personal property or sign is converted to city requesting the hearing to demonstrate by the use. The notice shall describe the property and statements of witnesses and other evidence, that state that the described personal property or sign the confiscation of the personal property or sign shall be converted to city use if the personal was invalid, or for any other reason not justified. property or sign is not reclaimed within 30 days. 3. The hearings officer 2. If the personal property may be an city officer, official or employee-ef or sign is not reclaimed within 30 days after the city, but may not have participated in any publication of the notice described in subsection determination or investigation related to—the D.1 of this section, the personal property or sign confiscation of the personal property or sign. shall be entered on the city's fixed asset The city manager may promulgate rules for inventory and shall not be subject to the right of conducting hearings. redemption. 4. TheA responsible 6.03.080 Appeal of Confiscation partyowner requesting a hearing may be ( Comment [A77]: 6.03.080 From 7.61.045 represented by legal counsel; however, legal A. The responsible party forewner counsel shall not be provided at public expense. of t he c onfiscated personal property or a sign Written notice of representation by legal counsel may request a hearing to contest the validity of shall be provided to the city with the written I tho confiscation by submitting a written request request for a hearing. for hearing with the city not more than five days from the mailing date of the notice or publishing 5. The city is only of public notice. required to provide one hearing each time it confiscates personal property or a sign. B. The request shall state the 1 reason(s) why the responsible partyewlief 6. Appeal of simultaneous believes that the confiscation was invalid and confiscation of multiple items of personal Title 6 Council Revised - 1 - 10 - 2012 AMS 6 - 17 18 property or signs of the same responsible property or sign was valid, the city shall order partyewner may be consolidated into a single the personal property or sign be held until the appeal hearing. costs of the hearing and all monies incurred or charges associated with the cost of the - removal, 7. If the city finds after a storage, detention, maintenance and disposition hearing that the confiscation of the personal of the confiscated personal property or sign are property or sign was invalid: paid. a. The city shall 9. A person failing to I order the immediate release of the personal appear at a hearing is not entitled to another property or sign to the responsible party hearing or any refund of costs unless the person forewxer -e€ the item(s), if still in possession of provides the city satisfactory proof for the the city, and/or; person's failure to appear. b. Refund to the 10. The city shall provide a responsible partyew any payment of costs written statement of the results of the hearing to associated with the- removal, storage, detention the person requesting the hearing. and maintenance of the personal property or sign that has been reclaimed. 11. The -- dDetermination of the hearings officer at a hearing is final and not c. The responsible subject to appeal. partyewner shall not receive a refund for the cost of the hearing, and shall be liable for 6.03.090 Exemption for Criminal ( Comment [A78]: 6.03.090 From 7.61.050 storage charges incurred more than 24 hours Investigation after the time the personal property or sign is officially ordered released -to the- person. A vehicle that is being held as part of any criminal investigation is not subject to any 8. If the city finds after a requirements of Chapter 6.03. 1 hearing that the confiscation of the personal Title 6 Council Revised -1 -10 -2012 AMS 6-18 '' S WQQe ra.Q -via - ref ceaL +0 d01 f • City of Tigard t / - ( Iao Ia TIGARD Memorandum `� e SUPPLEMENTAL PACKET To: Mayor Dirksen and Tigard City Councilors FOR i% d q If^a ©I o�L From: Albert Shields, Program Development Specialist (DATE OF MEETING) Re: Status of suggested revisions, TMC Chapter 1.16 and Title 6. Date: January 20, 2012 During and after the discussions on November 22 and December 13 of proposed code amendments for TMC Chapter 1.16 and Title 6, council offered a number of suggestions for improving readability and usability. This memo summarizes how each of those suggestions were addressed. Staff incorporated many of these suggestions in revised drafts that were distributed to council on Tuesday, January 17 including the following: • Graffiti: TMC 6.01.020.H. Reference to the owner, or rather, the responsible party, has been restored to the definition of graffiti as suggested. • Noise Provisions: TMC 6.02.430 & 6.02.450. 7 p.m. has been changed to 8 p.m. and 9 p.m. changed to 10 p.m. in selected applications as suggested. • Unnecessary Articles or Connectives: Multiple TMC locations. Unnecessary uses of "the," "a," "or," "such as," and prepositional phrases have been removed. • Trustee: TMC 1.16.030.P & 6.01.020.0 "Foreclosure or bankruptcy trustee" has been added to the definition of responsible party. • Premises: TMC 1.16.030.M. A definition of "premises" has been added. On other issues staff found that there were reasons to not make the suggested changes, including the following: • Cross - jurisdictional violations: in consultation with the city attorney it was determined that cross - jurisdictional situations do not need to be addressed in the TMC. If an offending property is in Tigard the Tigard code provisions apply and no special provisions are needed to accommodate a complaint from a non - Tigard resident. On the other hand, if the offending property is not in Tigard then the Tigard code could not apply since Tigard would lack jurisdiction. • Updates to other titles beyond cross - reference updates: TMC 2.52, et al. Where there are existing cross - references to Chapter 1.16 or the antecedents of Title 6 in other titles of the TMC, those cross - references require updating as part of these proposed amendments. While it is true that those chapters and titles would also benefit from updating to meet AP standards and modernization of existing text, such changes are significantly beyond the scope of the Code Compliance work underway. Accordingly, changes to titles not the direct subject of this work will be limited to updating existing cross - references needed to maintain the code's accuracy. • Definition of "greenway ": TMC 6.02.040. The term "greenway" is used in different ways in different parts of the code by different city departments. While there may be some advantage to adopting a single definition, doing so could impose an unworkable definition on other departments. The work necessary to create a definition that will work in all instances is beyond the scope of this project. • Protection of water meters: TMC 6.02.510.B, which says that "each customer is required to use reasonable care and diligence to protect the water meter and outlet box ...," is drawn from TMC 12.10.160, which is in turn drawn from the Tigard Water District by -laws adopted by the city in 1994. Public Works points out that: "Customers that remove box covers or expose piping in the public right of way risk damage during the winter months via freezing. They may be held responsible for that damage. ... Removal of meter boxes, vault lids, etc. that are within traffic hazards would also be cause for the city to seek repair /replacement /reimbursement costs should the meter be damaged." Thus, the city is not requiring that a homeowner take any action out of the ordinary to prevent a meter from freezing, but rather is requiring that the homeowner not take any action that would create a freezing hazard. • Noxious vegetation: TMC 6.01.020.L. The definition of noxious vegetation could be expanded to include the State of Oregon's list of Invasive and Noxious Weeds, as suggested. However, that list has approximately 200 entries and most of the listed plants require specialized training and expertise for identification. The City of Tigard has no one on staff with the requisite training or certification to identify such plants and at this time lacks sufficient staff to do site visits for the current, relatively simple "high weeds and grass" violations. Adding the State list would imply that the city would enforce against that list and raise false expectations on the part of the public. • Sidewalk maintenance: TMC 6.02.320. City /County Insurance Services has, since 1991, recommended to all jurisdictions that they make no changes to this paragraph so as to minimize the likelihood of a court challenge being raised to the provisions. It is fundamentally a question of city liability. • Out -of -state owners: Staff considered the possibility of codifying different timelines for response by out -of -state versus local owners but find that it would be extremely difficult to fairly distinguish between owners who were 250 miles away but still in Oregon, owners who were 15 miles away in Vancouver, WA, and others who were 3,000 miles away. Instead, staff recommends relying upon: 1. the ability to utilize delivery methods such as overnight or second -day delivery to assure reasonable notification timelines; 2. the discretion and judgment of staff to not set unreasonable expectations. • Appropriateness of applying certain provisions city -wide without explicit exceptions: Concern was raised about not making exceptions to some regulations for unusual situations. For example, an exception for natural areas, greenways, or power line corridors to the requirements that grass and weeds be no more than 10 inches high. Rather than burden Title 6 with extensive exceptions to general rules, staff believes that such applications can best be dealt with via the discretion and judgment of staff. These logical exceptions can and are being incorporated into the Standard Operating Procedures (SOPs) being developed to implement the Code Compliance Program. • Identification of who determines whether a tree constitutes a hazard: TMC 6.02.030.C. This language, referring to "any dead or decaying tree" is proposed to be struck from both Title 6 and Title 7 through the Urban Forestry Code Revisions project, which is scheduled for council's consideration this spring. The proposed process does require a certified arborist to make the determination. Staff recommends leaving the language as -is for now and waiting for the Urban Forestry Code Revisions to adopt any changes. Staff looks forward to continuing review of Chapter 1.16 and Title 6 on Tuesday, January 24. AIS -606 Item #: 8. Business Meeting Date: 01/24/2012 Length (in minutes): 30 Minutes Agenda Title: Update on Urban Forestry Code Revisions Process Submitted By: Todd Prager Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE The Urban Forestry Code Revisions (UFCR) approval process began at the January 9, 2012 Planning Commission meeting. Staff will update Council on progress on the UFCR process to date and next steps. STAFF RECOMMENDATION / ACTION REQUEST Council is requested to receive an update on the UFCR project, ask questions, and provide input prior to a more detailed workshop tentatively scheduled for March 2012. The workshop will be followed by an public hearing approximately one month later to consider adoption. KEY FACTS AND INFORMATION SUMMARY • On February 16, 2010, Council directed staff to pursue a comprehensive update of the city's urban forestry related code provisions. • Staff is on track to complete the Urban Forestry Code Revisions (UFCR) project as directed by council. • The final stage of the project, the legislative approval process, began in January 2012 with a Planning Commission workshop. • As part of the legislative approval process, council is tentatively scheduled to discuss the UFCR in detail at a workshop on March 20, 2012, and hold a public hearing on adoption of the UFCR on April 24, 2012. However, if the Planning Commission needs additional time to formulate a recommendation to council, this time line will shift by at least a month. • At the January 24, 2012 meeting, staff would like to update council on the UFCR approval process, project background and next steps (see attached memo). The intent is to inform council on the process in preparation for the anticipated workshop and hearing. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2011 Council Goal 1.b - Update Tree Code 2009 Urban Forestry Master Plan 2008 Urban Forest Section of the Comprehensive Plan DATES OF PREVIOUS COUNCIL CONSIDERATION • Council directed staff to begin a comprehensive update of the city's Urban Forestry Code provisions on February 16, 2010. • Council provided staff direction on the Tree Grove Preservation Program portion of the project on July 20, 2010. • Council received a progress update on the Urban Forestry Code Revisions project on October 16, 2010. • Council approved a six (6) month extension for the project on January 25, 2011. • Council received another progress update and a detailed presentation of the draft code amendments on July 18, 2011. Attachments Attachment 1 - Memo Timeline " City of Tigard TIGARD Memorandum To: Mayor Craig Dirksen and members of the City Council From: Todd Prager, Associate Planner /Arborist Re: Urban Forestry Code Revisions, Process Summary Date: January 10, 2012 Background In February 2010, council directed staff to pursue a comprehensive update of the city's urban forestry related code provisions. The Urban Forestry Code Revisions (UFCR) approval process began in January 2012 with a Planning Commission workshop. Below is an overview of the UFCR process background and next steps. CAC Process A Citizen Advisory Committee (CAC) was appointed by council to allow staff to receive input from a broad set of viewpoints during the update process. This committee included two planning commissioners, two tree board members, two parks board members, two developers (including a representative for the Home Builder's Association), one certified arborist, one natural resource advocate and one at -large citizen. In January 2011, the CAC timeline was extended to ensure ample time for the committee to discuss code topics. At conclusion of their efforts, the committee reached consensus on a set of guiding principles for the following four code topic areas: 1. Urban Forestry Standards for Development 2. Tree Grove Preservation Incentives 3. Tree Permit Requirements 4. Hazard Trees Staff used the guiding principles to develop and refine the proposed draft code language. In addition to the CAC, a public involvement plan was developed specifically for the project to provide enhanced opportunities for participation for the overall community throughout the process. This plan included outreach at city events like the Tigard Balloon Festival and Tigard Area Farmers Market, an email newsletter specific to the code revisions project, open houses and other methods for community feedback. The CAC considered community feedback in developing their guiding principles, as did staff in developing the proposed draft code language. 1 Technical Review A Technical Advisory Committee (TAC) was formed at the same time as the CAC. The TAC included city staff and representatives from outside agencies to advise the project management team on the technical aspects of the code during the update process. The draft urban forestry code was also peer reviewed by outside development and urban forestry experts in October 2011 to provide additional assurance of technical soundness. Consultants tested the draft code on actual development projects to identify issues for further refinement in advance of the approval process. Input Process Staff gathered and evaluated input on the draft code from community and technical experts during the input process. This involved further refinement of the draft code from a technical and legal standpoint. However, staff has been careful to ensure any changes to the draft code are consistent with the guiding principles developed by the CAC. A community wide open house was held in December 2011 to receive input and answer questions on the draft code in advance of the Planning Commission and City Council approval process. Advance notice of the community wide open house was provided to every Tigard resident and property owner. In addition, advance notice of the approval process will be provided to every Tigard property owner pursuant with state law (Measure 56). The Measure 56 notice is required to say adoption of the proposed code "may affect the permissible uses of your property." In addition to this required text, staff will be providing supplementary information about the content of the proposed code. Staff contact information will also be provided so community members can have any outstanding questions answered. Next Steps Approval Process This collaborative process led to the staff proposed draft which was presented to the Planning Commission at a workshop on January 9, 2012. Staff summarized the process, answered questions, and received preliminary Planning Commission feedback at the workshop. Following the workshop, Planning Commission will hold a public hearing on February 6, 2012 and consider recommending council adoption of the UFCR. On March 20, 2012, staff is tentatively scheduled to present on the UFCR project at a council workshop. The workshop will be council's opportunity to learn more and provide preliminary feedback to staff in advance of the hearing. Following the workshop, council is scheduled to hold a public hearing on the adoption of the UFCR on April 24, 2012. The attached timeline assumes single meetings for both the Planning Commission and City Council public hearings. If additional dates are needed, this timeline will shift by at least a month. ATTACHMENT: URBAN FORESTRY CODE REVISIONS PROCESS DIAGRAM 2 City of Tigard li ' l Urban Forestry Code Revision Process UFCR Citizens Advisory Committee Consensus ? Comments Received iv N y j N Planning Commission Feedback . 0 Ay o' . City Council Feedback v A. v N O a. 0 4 v Comprehensive Review `O Citizens Advisory Committee Guiding Principles z Lu 0 W Technical Advisory Committee Review a N Q N =_ Z Peer Review E la = o u. W v O ~ Discussion Draft �� c y Comment Period (10/11/11 - 12/12/11) - W z _; = Z CD N Open House (12/8/11) W I— W ' ; Q Code Editing a — 0 CL. .i W 1 oc' Staff Proposed Draft (1/9/12) a o cs cs W J CC O Planning Commission Workshop (1/9/12) N * 3 cn W cn N Planning Commission Public Hearing (2/6/12) a W co cc O a E. Planning Comm. Recommended Draft (3/6/12) N LY .J V) - Ct i.. t.) a o = City Council Workshop (3/20/12) y d s W CL. City Council Public Hearing (4/24/12) Adopted Code * This timeline assumes single meetings for both the Planning Commission & City Council public hearings. If additional dates are needed, this timeline may shift. Visit www.tigard or.gov /ufcr for process updates. r II • . TIGARD City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of the CCDA Executive Session on January 24, 2012 STATE OF OREGON) County of Washington) ss. City of Tigard ) I, C-. GM 01"A m '✓' •,--, being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following organization by fax : V Newsroom, Tigard Times and the following people /organizations by e -mail: Sally Ho, The Oregonian (5hoa,oregonian.com) Edi, The Regal Courier (Editor @theregalcourier.com) Geoff Pursinger, Ti Ti ( gp ursin ge r (u�co A co . of said Notice being hereto attached and by reference made a part hereof, on the / 7 day of �, /..i 2012 `--gatA ez lk Signature of Person who Performed No ation Subscribed and sworn (or affirmed) before me this 03 d ay of . i<. I .. 2012. O aii) t li./y1J .ii0 ive Xeht_l_ Signature of Notary Public for ()regal ♦':,,, OFFICIAL SEAL 4., CATHERINE 0 WHEATLEY NOTARY PUBLIC OREGON ...-1 COMMISSION NO. 459116 MY COMMISSION EXPIRES AUGUST 04, 2015 TIGARD TIGARD CITY COUNCIL CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION ON JANUARY 24, 2012 Red Rock Creek Conference Room 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION on JANUARY 24, 2012 Held in Red Rock Creek Conference Room 6:30 p.m. • Not Open to the Public An Executive Session is called under ORS 192.660 (2) (e) real property transaction negotiations. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Please forward to: ❑ Sally Ho, The Oregonian (sho @oregonian.com) ❑ Editor, The Regal Courier (Editor @theregalcourier.com) ❑ Geoff Pursinger, Tigard Times (gpursinger @commnewspapers.com) ❑ Newsroom, The Times (Fax No. 503- 546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Kroger by calling 503 - 718 -2419. AI, IN G� _ Deputy City Recorder Date: January 17, 2012 Post: Tigard City Hall Tigard Permit Center Tigard Public Library • ** Transmit Confirmation Report ** P.1 Jan 17 2012 12:23pm D.S.S Name /Fax No. Mode Start Time Page Result Note 5035460724 Normal 17,12:22pm 0'30" 1 * 0 K G TIGARD CITY COUNCIL CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION ON JANUARY 24, 2012 Red Rock Creek Conference Room 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION on JANUARY 24, 2012 Held in Red Rock Creek Conference Room 6:30 p.m. • Not Open to the Public An Executive Session is called under ORS 192.660 (2) (e) real property tasaction negotiations. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive. Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held fox the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Please forward to: ❑ Sally Ho, The Oregonian (sho@oregonian.com) ❑ Editor, The Regal Courier (Editor ®thctegalcourier.com) ❑ Geoff Pm singer, Tigard Times(gpursinges @ comxanewspapers.com) ❑ Newsroom, The Times (Fax No. 503 - 546 -0724) The CODA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewaL The CODA., functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city - For further information, please contact Deputy. City Recorder Carol Kxager by calling 503 - 718 -2419. eputy City Recorder Date. January 17 2012 Post Tigard City Hall Tigard Permit Center Tigard Public Library 4 UI • . .. TIGARD City Council City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the CCDA Executive Session on January 24, 2012 STATE OF OREGON) County of Washington) ss. City of„Tierd ) f r . (/ ( 1 , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notice being hereto attached and by reference made a part hereof, on the / 7 day of a /try , 2012. Signature of Person who Performed Notification Subscribed and sworn (or affirmed) before me this day o 1iA , 2012. I ± ±1 Signature of Notary Public for Orege /'' ='r•� OFFICIAL SEAL CATHERINE D WHEATLEY NOTARY PUBLIC - OREGON `„ o COMMISSION N0.459116 MY COMMISSION EXPIRES AUGUST 04, 2015 TIGARD TIGARD CITY COUNCIL CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION ON JANUARY 24, 2012 Red Rock Creek Conference Room 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION on JANUARY 24, 2012 Held in Red Rock Creek Conference Room 6:30 p.m. • Not Open to the Public An Executive Session is called under ORS 192.660 (2) (e) real property transaction negotiations. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Please forward to: ❑ Sally Ho, The Oregonian (sho @oregonian.com) ❑ Editor, The Regal Courier (Editor @theregalcourier.com) ❑ Geoff Pursinger, Tigard Times(gpursinger @commnewspapers.com) ❑ Newsroom, The Times (Fax No. 503 - 546 - 0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503- 718 -2419. .a.401aA Deputy City Recorder Date: January 17, 2012 Post: Tigard City Hall Tigard Permit Center Tigard Public Library