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Business agenda items can be heard in any order after 7:30 a.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 639.4171, Ext. 309 (voice) or 684-2M (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 date at the same phone numbers as listed above: 639.4171, x309 (voice) or 684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - JANUARY 19,1999 - PAGE 1 AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING JANUARY 19,1999.6:30 PM 6:30 p.m. 1. EXECUTIVE SESSION - The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 7:30 p.m. 2. WORKSHOP MEETING • Call to Order: Mayor Nicoll • Pledge of Allegiance • Council Communications & Liaison Reports • Call to Staff and Council for Non Agenda Items 3. CITIZEN INVOLVEMENT TEAM (CIT) UPDATES • CIT Report: CIT Representatives 4. REPORT FROM BUDGET SUBCOMMITTEE ON SOCIAL SERVICE AGENCY APPLICATIONS • Staff Report: Administration Department • Council Discussion on Subcommittee Recommendations 5. REPORT OF THE COMMUNITY HOUSING TASK FORCE AND STAFF REPORT REGARDING DANGEROUS AND DERELICT BUILDINGS • Staff Introduction: Building Official • Committee Report: Building Official • Task Force Members' Comments • Council Discussion on Task Force Recommendations 6. REVIEW DRAFT RESOLUTION THAT OPPOSES LEGISLATION CREATING A NEW STATE BOARD TO REGULATE BUILDING CODE ACTIVITIES IN THE PORTLAND METROPOLITAN AREA • Staff Report: Community Development Department • Council to Discuss and Consider Staffs Request to Prepare a Resolution for Consideration of Adoption at the January 26,1999 Council Business meeting. COUNCIL AGENDA - JANUARY 19,1999 - PAGE 2 7. REPORT ON PROPOSED INCREASE IN BUILDING, MECHANICAL, PLUMBING, ELECTRICAL PERMIT AND RELATED FEES Staff Report: Community Development Department o Council to Discuss and Consider Staffs request to Schedule the Matter for a Public Hearing on February 9, 1999. 8. REPORT ON TUALATIN RIVER PEDESTRIAN BRIDGE ® Staff Report: Community Development Department Council to Consider Authorizing Expenditure of Greenspaces Funds 9. COUNCIL LIAISON REPORTS 10. NON AGENDA 11. ADJOURNMENT 1 AADM\CATHYICCAl990119P.DOC COUNCIL AGENDA - JANUARY 19,1999 - PAGE 3 • Agenda Rem No. / TIGARD CITY COUNCIL Meeting of ~ a3 •011 WORKSHOP MEETING MEETING MINUTES -.JANUARY 19,1999 1. EXECUTIVE SESSION The Tigard City Council will go into Executive Session at 6:30 p.m. under the provisions of ORS 192.660(1) (d), (e), (f), (g), and (h) to discuss labor relations, real property transactions, exempt public records, current & pending litigation issues. 2. WORKSHOP MEETING Call to Order Mayor Nicoli called the meeting to order at 8:00 p.m. Council Present: Councilors Patton, Mayor Nicoli, Hunt, Scheckla, and Moore Staff Present: City Manager Bill Monahan; Asst. to the City Manager Liz Newton; City Recorder Catherine Wheatley; City Attorney Tim Ramis; Community Development Director Jim Hendryx; and Library Director Melinda Sisson. e Council Communications & Liaison Reports Mayor Nicoli reviewed the situation with the legal challenge to the TIF fees in Washington County. He said that while they won at the circuit court, the case has been appealed to the Court of Appeals. He reported that at the last meeting of the Washington County Coordinating Committee, the mayors discussed splitting the costs of the defense of this case because it affected a countywide ordinance from which all cities received substantial funds. He mentioned that the Washington County legal counsel informed the mayors that the TIF funds could be used to pay the legal costs. Councilor Hunt asked if they could distribute the money until such time as the case was decided and then repay it if necessary. Tim Ramis, City Attorney, indicated that it took filing a second case to require repayment of money collected. Mayor Nicoli commented that the other part of this case, depending on how the court decision was rendered, might also affect City development ordinances. That was why they decided to defend it aggressively. Mr. Ramis mentioned that the circuit court judge who ruled in their favor agreed completely with their analysis that the principles of Dolan did not apply to a tax. He explained that the TIF fee was a tax voted in by the people. Call to Council and Staff for Non-Agenda Items: None CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 1 3. CITIZEN INVOLVEMENT TEAM (CIT) UPDATES Liz Newton, Assistant to the City Manager, distributed materials to the Council on CIT attendance. She noted that they averaged 35 people per meeting with a low of 8 (in June and September when school functions conflicted). She commented that she believed that attendance was agenda driven. Ms. Newton reported that they used their first January meeting to plan for the coming year and to review the current format. She reviewed what the City primarily used the CITs for information sharing, citizen education, and citizen input. She mentioned that the members present felt that the CIT format worked well for information sharing during the general session, and that they benefited from the educational presentations but preferred the use of real-world examples in the future. Ms. Newton noted that the citizens have asked that staff use a two-meeting approach in requesting citizen input so that citizens could be prepared at the second meeting to give good input regarding the issue staff raised at the first meeting. She cited the meetings held on the CIP as evidence of that strategy working well. She mentioned that the citizens brought up topics of interest to themselves that they really wanted to work through, such as significant trees and neighborhood meetings. She said that the citizens felt that it was fair for the City to request a commitment from the citizens to work an issue of concern prior to assigning staff resources, citing the failure of the significant trees issue and the success of the neighborhood meetings issue. Ms. Newton reviewed the suggestions and/or concerns mentioned by the CIT members regarding the current format. This included too many issues per meeting for the breakout sessions, assigning a city-wide issue to the general session instead of to a breakout session, the need for the CIT members to take responsibility to report to Council on their actions, the use of the CIT meetings as a "safe harbor forum" for citizens intimidated by the more formal Council meetings, and suggestions for future topics. Ms. Newton reviewed the staff changes to the format in response to the citizen suggestions. She said that staff would review topic ideas at the end of the general session to see what the citizens wanted to schedule. She described how they would change the one-on-one process to better utilize staff resources and time, including an announcement in the Cityscape announcing where people would attend and a description of those staff members' areas of responsibility. Ms. Newton said that the citizens accepted the City's decision not to use the CITs as the forum for the water discussion because that issue affected a broader constituency than simply the citizens of Tigard. She commented that the citizens wanted to know what other avenues were available to them for topics that staff felt was not appropriate for the CITs. Councilor Hunt mentioned that when the City switched from the NPOs to the CITs, there had been considerable resistance from the NPOs who feared that it would turn into a staff driven meeting as opposed to a citizen-driven meeting. He questioned whether or not that was exactly what has happened. He felt that without the water issue, the attendance last year would have been cut in half: He mentioned the regular attendance of a few core people but pointed out that most came if the agenda covered an issue of significance to them personally. CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 2 Ms. Newton concurred with Councilor Hunt that the active NPOs had a good attendance that represented the different geographic areas. She pointed out that the NPOs dealt solely with land use issues and did not cover the variety of topics scheduled for CITs. Bill Monahan, City Manager, concurred that citizens might only attend one or two meetings a year to hear topics of particular interest to them but pointed out that they were reaching more people with the CITs than with the NPOs, citing the people attending the January meeting who had not attended any meeting before. Councilor Hunt said that what the CITs have turned out to be was not what he had envisioned them becoming when they switched from the NPOs. Sterling Marsh, CIT Facilitator, commented that when they started, the meetings were driven more by the facilitators than staff. However over time, as they needed staff resources to answer citizen questions, the CITs became more institutionalized. He pointed out that information sharing has consistently been part of the CIT process, commenting that occasionally they solved their own problems or realized the problem was insurmountable to begin with. He stated that he thought that the CITs worked reasonably well because it has brought more people into dealing with the City without having to come to the formal Council meetings. Councilor Scheckla commented that the NPOs were established with the specific task of helping the City adopt the Comprehensive Plan, and they knew when they had accomplished that goal. He said that the CITs were not set up to deal with a specific issue, and there was no closure on the issues they did deal with, which might discourage continuous participation. Councilor Patton conceded the point but held that there was nothing wrong with people attending an occasional CIT meeting over the course of the year when a topic of particular interest to them was scheduled. She said that one of the advantages of the CITs was the informal forum where people could get the information they needed. She stated that she did not think that the purpose of the CITs should be to maintain a certain level of attendance to insure that a certain constituency attended from meeting to meeting but held that there was value in knowing that there were sufficient people in attendance to warrant the staff time needed to work the meeting. Ms. Newton mentioned several criticisms leveled by citizens against the more formal NPO process, including lack of standing for non-designated NPO members attending a meeting and attendance requirement for members. She said that they purposely set up the CITs differently so that there would not be any quorum or membership attendance requirements. She agreed with Councilor Hunt, commenting that she had not thought she would have the kind of time commitment to the CITs that she currently had. Councilor Hunt questioned how much of the CIT was set up for the City to disseminate information and educate citizens as opposed to garnering citizen input. Ms. Newton reiterated the citizen suggestion that staff prepare the citizens beforehand regarding issues that staff wanted input on in order to generate good input at the next meeting. She spoke to staff having to think things through further in advance than two weeks before the CIT meeting. Ms. Newton asked for Council input on whether to go in the direction suggested by the citizens or to revamp the program further in response to Councilor Hunt's concerns. Councilor Hunt suggested that staff inform the CIT facilitators of the Council discussion and get their input on what direction to take. Mr. Monahan suggested that staff keep up the pressure on getting the citizens to tell them what issues they wanted to talk about, and present only one or two informational items per month. CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 3 Ms. Newton suggested structuring the meetings to allow more citizen input. She mentioned possibly canceling a meeting if they did not get a commitment from the citizens regarding an issue raised by the citizens or there were not sufficient agenda items to warrant a meeting. Councilor Patton commented that it was important to give citizens plenty of warning if the City was asking for input on an issue. She spoke to the City taking seriously those issues raised by the citizens and following through on them. She expressed discomfort with using the CITs predominantly as a forum for staff to get information on an issue. Councilor Hunt concurred. 4. REPORT FROM BUDGET SUBCOMMITTEE ON SOCIAL SERVICE AGENCY APPLICATIONS Wayne Lowry, Finance Director, reviewed the charge that the Council gave to the Budget Subcommittee it created on November 17 (members George Burgess, Gene Farnstrom, Joyce Patton, Bill Monahan, and Wayne Lowry). The Committee was to streamline the social agency funding application and the process for evaluating those applications. He reported that the Subcommittee met on January 7, reduced the 10-page application to four pages, and created a revised process for social agency evaluations and a suggested process to allow more Council input on the arts and events applications. Mr. Lowry reviewed the changes to the application, noting that they focused on retaining the meaningful information for decision making. Councilor Hunt suggested adding "(including the City of Tigard)" to Item 5, page 2, to insure that the City was included with "other governmental agencies." Mr. Monahan mentioned the page that showed what the percentage basis of the local government contribution was in comparison to other revenue sources, and page 4, listing the names and addresses of the current Board of Directors. Councilor Hunt expressed concern that some people might have difficulty fitting their balance sheet into the condensed financial format given on page 3. Mr. Lowry explained that this was a standard format that should work for everyone. Mayor Nicoli reviewed the three issues that he wanted information on regarding the non-profits: 1) who controlled the selection process for the Board of Directors? 2) What were the lengths of service of the current Board members? 3), How often did the Board receive financial reports? Councilor Hunt asked if the Subcommittee would review the social agency applications and make a recommendation to the Budget Committee as a whole. Mr. Lowry reviewed the six a steps of the revised evaluation process, including the Subcommittee making a recommendation on budget allocations to the City Manager who included it in the budget presented to the Budget Committee. Mr. Lowry mentioned that he had on file the non-profit documentation required by the City, including the bylaws, audited financial reports, articles of incorporation, and 501C(3) documentation. He pointed out that those documents would indicate the Board selection process. CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 4 1~m Im Councilor Hunt spoke against splitting the funds between the social agencies and the arts and events without returning to the Budget Committee, since the Budget Committee had determined last year that they would not split the funding. Mr. Lowry explained that the Subcommittee had thought that the Council wanted to be more involved with the arts and events side because those were more community oriented and the Council dealt with them throughout the year. He said that in order to have two different groups evaluating two different types of requests, the Subcommittee thought that there needed to be a target funding level. Councilor Patton concurred. Mayor Nicoli asked staff to find out if Craig Dirksen still wanted to serve on the Budget Committee so that the Council would know whether to interview for two or three positions. Mr. Lowry commented that if the Council agreed to follow this process, it could be ratified at the first Budget Committee meeting. Councilor Hunt stated that he agreed with the proposed process but he was reluctant to unilaterally change a Budget Committee decision. Gene Farnstrom, Budget Committee, said that he was satisfied with the proposed revised process. He commented that his biggest concerns were getting a standard for the social agencies and segregating the arts/events requests from the social agency requests because they were not getting good information on the arts/events requests. He held that the arts/events were more a "community involvement thing" and did not require the same scrutiny as social agency requests. The Council agreed by consensus to direct staff to move forward with the streamlined application and the revised evaluation process. The Council asked staff to look into the legality of appointing alternate Budget Committee members. Mayor Nicoli recessed the meeting at 9:00 p.m. for a break. Mayor Nicoli reconvened the meeting at 9:05 p.m. 5. REPORT OF THE COMMUNITY HOUSING TASK FORCE AND STAFF REPORT REGARDING DANGEROUS AND DERELICT BUILDINGS 5.1 Community Housing Task Force Report David Scott, Building Official, introduced Paul Alig, Oregon Legal Services, a Housing Task Force member. He presented his report using a slide presentation. He mentioned the charge to the Task Force to investigate how comprehensive should a housing inspection program be in Tigard and whether the City should take a proactive or reactive approach. He reviewed the questions used by the Task Force to determine the parameters of a program. He noted the criteria used by the Task Force to measure all decisions against: the program should be equitable for all property owners and residents of Tigard (both single-family and multi-family), and the provisions of the ordinance should be limited to those necessary to provide for minimum standards of safety, sanitation and inhabitability. CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 5 Mr. Scott presented the Task Force recommendations: e The Council adopt the proposed ordinance that specified the minimum standards and used the existing civil infraction process in place for code enforcement as its enforcing mechanism; and The Council adopt the proposed resolution stipulating program implementation policies. Mr. Scott mentioned that the different stakeholders on the Task Force achieved consensus on the entire package. Mr. Scott reviewed the administrative polices proposed in the resolution. He said that inspections would be performed on a complaint or referral basis only (no anonymous complaints but the names would be protected to the extent allowed by law). He mentioned the provisions allowing property owners an opportunity to comply without going through the formal enforcement process. He noted the recommendation for one inspector at this point, mentioning that the Council already approved in this budget funding to hire another inspector. Mr. Scott explained the policy to establish a relocation plan with the County and other agencies as a strategy to assist occupants displaced as a result of enforcement efforts. He stated that the emergency policy included an appropriation of $10,000 as a means of helping occupants in an emergency situation where the responsible landowner was not responding in a timely manner. He said that the $70,000 cost of the program would come out of the general fund, and the program would be implemented on April 1 with a public hearing scheduled for February 9, 1999. Mr. Scott reviewed the social care facility issue. He explained that the Task Force included group living homes already regulated by state and federal licensing agencies in response to their criteria of equity. He said that the Task Force was concerned that other types of housing would try for exemptions if any exceptions were allowed. He mentioned that the focus of the City ordinance was on physical plant concerns, not the care quality concerns already regulated by other agencies. Councilor Patton asked for clarification on the General Accounting Official (GAO) testimony included in the report regarding the care of individuals residing in the homes and the apparent intent of the resolution to deal with physical plant concerns. Mr. Allig said that he included the GAO study to show that the State looked at the care concerns and did not focus on the maintenance issues. Councilor Scheckla mentioned that the Task Force intended to put these policies in place, and then if they were not working after a period of time, the various interest groups had the burden of proof to show that they needed adjustment. Mr. Scott confirmed to Councilor Moore that the policies dealt solely with the physical plant standards of sanitation, safety, and inhabitability, and did not address care issues. He said that the only exception in the ordinance was for institutions, such as the classic nursing home, which the Task Force felt was beyond the scope of an ordinance dealing with residential uses. He mentioned a concern of the social care constituency that the ordinance not conflict with State and Federal licensing regulations. He said that the City Attorney crafted language to give precedence to the licensing rules over the City ordinance. Mr. Scott mentioned another finding of the Task Force that local responsiveness could be an important part of an overall regulatory framework for residential social care facilities. CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 6 men Mr. Scott reviewed the occupant displacement issue, noting that they did not want to create another bad situation in the process of solving another. He mentioned the emergency fund intended to help with this issue, noting that it did not require a supplemental budget. He said that, as he understood it, the tenant/landlord law did provide some protection to tenants who were given "no cause" notices by their landlords. Councilor Moore mentioned the excellent job done on the report. He asked why the Task Force die not want to be proactive. Mr. Scott said that the Task Force was concerned at the expense of a proactive program to inspect all units. They felt that it would require a licensing fee and thus penalize those who had no problems. Councilor Hunt noted that the ordinance did not mention any police involvement. Mr. Scott said that the police department was one of the groups that the Task Force expected would make referrals of situations needing inspection. Councilor Hunt asked if there was any discussion on the fines. Mr. Scott said that the City's civil infraction ordinance stipulated $250 as the maximum penalty per day at the discretion of the hearings officer. He explained that the penalty could be applied for each day the property owner was out of compliance, and thus a fine could become significant over time. He said that the Task Force did discuss fines extensively, especially as a possible funding mechanism. Councilor Hunt asked why 14.16.18 required certain doors to be openable from the inside without a key. He agreed with Councilor Moore that the Task Force did a fine job. Mr. Scott said that that was classic language in housing ordinances and building codes. It was intended to address the concern that people could be trapped in a house on fire if they could not find their key. The Council discussed the issue. Mr. Scott said that he would look into it more for the next meeting. Councilor Scheckla pointed out that this document did not set out a program from which the City would get revenue. He said that it was a document for the entire community. Councilor Patton asked for clarification regarding the changes to the ordinance suggested by Sheilah Greenlaw-Fink, a Housing Task Force member, in her letter proposing that the City commit to replacing any housing units lost due to the housing code in such a manner that the current residents were protected. Mr. Scott said that the Community Partners for Affordable Housing (CPAH) were concerned at the potential impacts of demolition resulting from enforcing the housing code which might reduce the gross number of units in town within a certain rent range. He said that he could look into that if Council wanted. Councilor Hunt expressed his reluctance to make such a commitment because it could put the City in a spot of spending a lot of money to replace a building that it had to condemn. The Council discussed the issue. Councilor Moore mentioned opportunities for the City to work with developers on the options available for types of housing benefiting the community. Mr. Scott mentioned opportunities for agencies like CPAH to salvage a building. He said that these were sensitive issues that needed to be dealt with in the coining months. Mr. Alig commented that the Task Force had been concerned as to whether or not this relocation issue was within their charge, and to some extent, backed off from it. He said that as a tenant advocate, he saw the Task Force recommendation as a good start. Mr. Scott mentioned that the City of Portland did budget funds for relocating individuals but reiterated that this proposed policy did not do so, other than the $10,000 for emergencies. CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 7 Mayor Nicoli stated that he saw no need to include single-family residences in this ordinance, as they had no problem with them in Tigard. He pointed out that they established this Task Force to look at housing issues in Tigard in response to the problems on Bonita Road and Villa La Paz (before rehabilitation). He said that he did not see a matter of equity but a matter of dealing with an existing problem in their community that they needed to respond to. Mayor Nicoli said that he supported a proactive program that inspected every multifarmily or single family rental unit every five years. He contended that this ordinance, while fine in and of itself, would not solve the problem that led to the establishment of the Task Force. He spoke to the Council aggressively going after the slumlords in town. He reiterated that he did not think that the ordinance had any business including single-family owner occupied homes. Councilor Moore said that he had no problem with adjusting the ordinance to accommodate the Mayor's concern. He indicated that he had wanted a proactive program but did feel that the expense as described by Mr. Scott was a significant consideration. He spoke to implementing the ordinance with a review in a year or so to see if they wanted to make any changes. Councilor Scheckla pointed out that the policies required documentation of any complaint, it could not be anonymous. He emphasized that the Task Force had not wanted to discriminate against anybody, single family or not, because there could be a derelict building out there and they would have not tools to deal with it. He disagreed with eliminating a type of housing before allowing the ordinance a chance to work. Councilor Moore postulated a situation where something in a home was detrimental to the health and well being of the children. He said that he thought it was the duty of a citizen to report that situation the same as reporting child abuse. Mayor Nicoli reiterated that people using this ordinance in that fashion was not what brought them to this point. The slumlords not maintaining apartment complexes was the problem that they needed to deal with. Mayor Nicoli reiterated that single-family, owner-occupied residences and social care facilities were not problems in Tigard, and he did not want them included in the ordinance. He said that if they became problems, then they could add them at that time. He suggested starting out with a goal of inspecting all multifamily units in the City over a certain period of time. He mentioned a commitment from Tualatin Valley Fire & Rescue to assist the City in conducting field inspections of apartment complexes. Mayor Nicoli said that his goal, when the Task Force was set up, was to deal with the immediate serious problem in the City and to go after the slumlords. He emphasized that that should be the focus of the program, not single family owner occupied residences or social care residential facilities. He argued that including those facilities was taking on too much responsibility when they knew there were no problems there, and deflecting attention from the real problems. Councilor Scheckla said that the Mayor made a good point but cited the various constituencies comprising the Task Force. All Task Force members made compromises in order to reach agreement on this ordinance. He held that the Council not adopting their recommendation meant that the Task Force wasted its time and effort in developing a document that would stand up in the long term and handle whatever situation arose. CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 8 ENS Mayor Nicoli said that they used that same approach in developing the old zoning ordinance. It was supposed to address every situation and stand up for the long tern but the City adopted a new Code last year because the previous Code proved too cumbersome and unworkable. Councilor Scheckla stated that in this document the Task Force simplified what was in other housing codes. He spoke to giving it a chance for a year. Mayor Nicoli said that he wanted to go after the problem now, not dilute their effort by including homes that they knew were not a problem. He reiterated that he did not see a need for a citywide ordinance. He commented that he did not think that it would sit well with people if the City adopted an ordinance that allowed the government to come into any house in town and pull an inspection. Councilor Scheckla said that that was not the intent of the document. Mayor Nicoli pointed out that that was what the document said. Councilor Scheckla disagreed. Councilor Moore commented that he understood both points. He said that while he would like to see a more aggressive program also, he would also like to try this ordinance for a year, given that it was developed by a group of well-qualified people with more knowledge about the situation than he had. He said that if it was not working, then they could revisit the proactive approach. Mayor Nicoli asked how they would analyze whether or not the ordinance was working. Councilor Moore said that if, a year from now, nothing was happening in an area known to be a problem, then they knew that it was not doing what they wanted it to do. If it was not working, then they needed to look at adjusting the policy for a more proactive approach. Councilor Hunt concurred with Councilor Moore that this ordinance could be used to get at the problem areas. He supported implementing it Councilor Patton said that she did not see how giving this ordinance a chance would eliminate the City's ability to get to the problem areas. She noted that they could be addressed through referrals, as it was obvious to many that there was a problem. She agreed with the Mayor that there was not necessarily a need to address single-family, owner-occupied residences in the ordinance. She spoke to including single-family rentals. Mayor Nicoli commented that he had never thought that the Task Force would include single- family, owner-occupied homes when the issue that drove the establishment of the Task Force had been the situation with the multifamily units on Bonita. Councilors Moore and Hunt indicated that they would be willing to identify non-owner occupied single-family buildings. Mr. Scott said that staff remained neutral on this issue. He mentioned the concerns of the Task Force members representing single-family landlords that they would be required to fix up their rental units while next door; an owner-occupied unit could look just as bad and the owner not be required to fix it up. Mayor Nicoli commented that they were overlooking one basic thing: the owner living in his rundown house chose to live that way. He spoke to a government agency helping the renters who had no choice because their landlord would not fix the problem. Councilor Scheckla stated that the Task Force discussed all these issues. He reiterated that the various interest groups compromised to create this document. He spoke against the Council eliminating single-family, owner-occupied housing when the Task Force voted as a unit to put it in. CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 9 7~ Councilor Moore asked for more time to review the document and to hear the public testimony at the public hearing. Mr. Monahan said that staff could inform the appropriate people of the Council discussion so they could provide input at the public hearing. Mr. Ramis commented that the discussion was good in that it brought out the Council's issues but he cautioned the Council to avoid deliberation and decision at this time. Councilor Scheckla argued that a proactive program would take more money than $70,000 to implement and would add another layer of government. He reiterated that the Task Force wasted its time if the Council did not accept the recommendation. Councilor Hunt pointed out that just bringing a recommendation to the Council for approval did not mean that the Council could not change the recommendation if it wanted to. 5.2 Dangerous and Derelict Buildingc, Mr. Scott reported that staff proposed eliminating the existing chapter on dangerous buildings and moving the provisions to the Housing Code. He presented the staff recommendation to create a new class of buildings (derelict buildings) in order to allow the City to proactively work towards abating nuisances in town that (under the current code) they could not doing any about until they became dangerous. He reviewed the definition of "derelict." He said that a building boarded up on the City's order would not be considered derelict just because it was boarded up. Mr. Ramis said that he discussed this matter with Jim Coleman, the attorney working with Mr. Scott. This change would give the City more teeth to deal with some of these situations. 6. REVIEW DRAFT RESOLUTOIN THAT OPPOSES LEGISLATION CREATING A NEW STATE BOARD TO REGULATE BUILDING CODE ACTIVITIES IN THE PORTLAND METROPOLITAN AREA Mr. Scott explained that the state legislature established a task force to address concerns related to the provision of building regulatory service in the Tri-County area. He said that the results of the Task Force was a legislative concept to create a new Board in the state building codes division to have oversight, broad rule making authority, and fee assessing authority. He mentioned that the Task Force industry representatives all voted for the proposal while the local government representatives all voted against it. Mr. Scott said that staff has been working with the League of Oregon Cities and general contractor constituents concerned about how far the concept went. He said that the local governments were proposing an alternative proposal to bind local governments to address the legitimate concerns raised by the subcontractors through an intergovernmental agreement in order to avoid an expansion of the state bureaucracy. Mr. Scott said that hopefully all the municipalities in the tri-county area would adopt this resolution, and it would be presented as part of their commitment to be accountable to the stakeholders. He noted that the resolution opposed the other legislation and supported an intergovernmental agreement and the draft legislation requiring all those with building programs delegated by the state to be signatories to an intergovernmental agreement. CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 10 Councilor Hunt asked Mayor Nicoli for his opinion as a member of the Task Force. Mayor Nicoli said that he did not completely agree with what the Task Force sent to the legislative nor did he support Mr. Scott's suggestion. He held that it would not be possible to get 27 separate jurisdictions to agree on an intergovernmental agreement regarding building regulations, citing the five to ten years it took for Tigard and Washington County (just two jurisdictions) to reach an IGA on providing urban services, including building permits. Mayor Nicoli explained that the Task Force's proposed agency would handle issuing permits and distribute the fees back to the appropriate city from one location, as opposed to contractors having to get permits at several different offices, and sometimes misunderstanding which agency had jurisdiction over the home he was working on. He mentioned that the concerns driving this was lowering the costs passed through to the homeowner and the hassle to the subcontractors who were trying to provide a service. Mayor Nicoli said that the Task Force had felt that a solution had to be mandated by the state legislature because the 27 jurisdictions would not be able to reach agreement in a timely fashion, if ever. He said that while he agreed that a state mandate was needed, he disagreed with the amount of authority the Task Force was giving to the permit issuance center. He mentioned that there were already mechanisms in place that got close to what was needed, such as Tigard's issuance of bulk permits over the phone. Councilor Moore commented that he would hate to see another layer of government, questioning when it would stop. Mayor Nicoli concurred, stating that that was why he did not like either proposal at this time. Councilor Moore said that an IGA made more sense to him and he would be willing to give that a shot. Mayor Nicoli questioned how long it would take 27 jurisdictions to reach agreement. Mayor Nicoli pointed out that this legislature was driving this issue. He said that the Task Force did agree to the bulk of the proposal with only a small minority feeling that it went too far. He mentioned that they all agreed that there was a problem that needed to be addressed. He reiterated that he did not think that an IGA would work because any one jurisdiction could kill it. Councilor Hunt asked what the contractors would lose if nothing was done. Mayor Nicoli said that the contractors felt that this proposal would save them considerable time, especially when dealing with bulk permits. He cited an example of a company replacing water heaters which had to identify which of a list of addresses fell in which jurisdiction in order to obtain the permit from the proper agency, a time consuming process. He mentioned another issue discussed of jurisdictions requiring inspections that were not necessary. Councilor Hunt asked if the proposal took choice away from Tigard and gave it to the state. Mayor Nicoli said no, because the City would still have its own code enforcement program. He mentioned another difficulty in having 27 different interpretations of the Uniform Building Code. He explained that the UBC was intended originally to eliminate the different codes that each jurisdiction had prior to 1970 and to provide for a code applied uniformly in all jurisdictions. He said that even the building officials on the Task Force agreed that there was a CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 11 problem with a uniform application of the Code. He mentioned that those officials also said that they could live with one agency mandating how the Code would be applied uniformly, even if they did not agree with it. Mayor Nicoli recommended sending a letter to their state representative and the League stating what they liked and did not like about what the Task Force did. The Council discussed the matter and agreed that the Mayor would draft a letter for Council review. Councilor Patton expressed her discomfort with a resolution that opposed legislation when they did not know what that legislation was really saying. She commented that, based on her experience in negotiating IGAs, she doubted that an IGA would be a successful way to go. 7. REPORT ON PROPOSED INCREASE IN BUILDING, MECHANICAL, PLUMBING, ELECTRICAL PERMIT AND RELATED FEES Mayor Nicoli mentioned that he wanted to discuss Agenda Item 7 in depth with staff based on some surprising information he was given by a contractor regarding a comparison between Tigard's fee structure and other cities' fees. Councilor Patton said that she had some questions also and would fax them to staff. The Council discussed when to re-schedule this item. A gentleman in the audience asked when fee increases would take effect. Mr. Scott said that the staff recommendation was at least 30 days from the Council action in order to give notice to the constituents. Mr. Monahan suggested that they schedule the discussion for the February 23 study session and the action item for the March 23 regular meeting (at which time they would also do the engineering fees). Mr. Scott said that he would be out of state on March 23. Mayor Nicoli said that he would give the information he was given to staff for their review. He commented that they sometimes asked their Building Department to do things beyond what they collected fees for, and expressed concern that they not ask those paying for building permits to pay for those other services whose funding should come out of the general fund. Mr. Scott stated that he had intended to inform the Council during his report this evening that he discovered a mistake in his spreadsheet and the cost increase was not actually as high as it appeared in the report. i S. REPORT ON TUALATIN RIVER PEDESTRIAN BRIDGE ze up to $7,000 The Council agreed by consensus to approve the staff recommendation to authori j of Greenspaces funds to be spent towards the additional costs of completing detailed engineering calculations on the existing railroad bridge and completion of conceptual design f plans for a pedestrian bridge. 9. COUNCIL LIAISON REPORTS The Council discussed when to re-schedule this item. Councilor Moore mentioned three additional Task Forces: Transportation, Downtown, and the Budget Subcommittee. Mr. CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 12 MIEN Monahan asked the Council to let staff know if they no longer wanted to serve as the liaison to a particular committee. Councilor Moore suggested deleting the Development Code Steering Committee (as their work was completed) and the Hwy 99W Task Force (as he considered that a dead issue). Mr. Monahan suggested revamping the Council Liaison's role on that Hwy 99W Task Force to being the point person in working with ODOT and staff. Mayor Nicoli suggested that he and Councilor Hunt met to winnow down the candidates for the Water Advisory Board to 20 or 30 people, and that Councilor Moore put together a list of candidates for the Transportation Task Force, and whittle it down for presentation to the Council. Councilor Moore asked staff to provide a list of citizens who helped on the previous bond measure plus potential names from the Visioning process. 10. NON-AGENDA ITEMS: None 11. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 10:44 p.m. under the provisions of ORS 192.660(1) (d), (e), (f), (g), and (h) to discuss labor relations, real property transactions, exempt public records, current & pending litigation issues. 12. ADJOURNMENT: 11:18 p.m. w a Attest: 01 Catherine Wheatley, City Recorder 0 yor, City of Tig;yff Date: lqq CITY COUNCIL MEETING MINUTES - JANUARY 19, 1999 - PAGE 13 COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684-0360 Notice T-" 9 2 9 6 BEAVERTON, OREGON 97075 Legal Notice Advertising •City of Tigard-Planning a ID Tearsheet Notice - 13125 SW Hall Blvd. •Tigard,Oregon 97223 A E] Duplicate Affidavit *Accounts Payable O AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' I, Katby SnVdar being first duly sworn, depose and say that I am the Advertising { Director, or his principal clerk, of theTisxarc4-Tiia 1 at i n Times J a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti^,ard in the aforesaid county an state; that the i SDR 98-0014ISite Develop.Review a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for QU successive and consecutive in the following issues: January 7,1999 1 3 Subscribed and sworn to ore me this7t-h clay of .Tani,ary, 1999 1 OFFICIAL SEAL I Cjodftq ROBIN BURGESS Not Pub c for Oregon NOTARY TARY A. PUBLIC-OREGON My Commission Expires: COMMISSION NO. 062071 MV COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT - 1 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9 3 0 2 BEAVERTON, OREGON 97075 f Legal Notice Advertising s 4tity of Tigard ° 13 Tearsheet Notice 13125 SW Hall Blvd. 02igard,0regon 97223 e O Duplicate Affidavit *Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )as' 1, Xafhy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of thdPigard-'T'italati n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at T, clard in the aforesaid county and state; that the amity Counci 1 Ravi ev, Rnard Meeti nq a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for OP]T successive and consecutive in the following issues: January 14,1999 Subscribed and sworn to be re me thisl 4t1-1 day of January, 1999 OFFICIAL SEAL Nota ublic for Oregon /..•~NOTARY Pug! IC-OREGON it COMMiSSiOri I,(). U_2071 My Commission Expires: FAY comMISSION E''PIkES IMAY 16.2001 AFFIDAVIT The following ming.bighlights are published for your information. Full agendas may be obtained from the City Recorder, 13125 SW Hail Boulevard, Tigard, Oregon 97223, or by calling 639-4171. TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING ~ January 19, 1999 = 6:30 B.M. TIGARD CITY HALL - TOWN HALL 13125 SW HALT. BOULEVARD; TIGARD,'IOREGON Reports and updates to Council on the, following topics: " -it Executive Session * CIiT Facilitator and Resource Teams * Community Housing Task Force * Tualatin River Pedestrian Bridge * Ptbposal for-BuildingDepartment Fee Increases M. 3Cd _ P iblasli January 14, 19991. , 1998 CIT Meeting Attendance Month No. of People Attending Janus No regular meeting February 50 March 64 Aril 53 May 45 June 16 Jul 30+ August 30 September 10 October 62 November 23 December 8 1:\ADM\CATHY\1998 CIT MEETING ATTENDANCE.DOC AGENDA ITEM # FOR AGENDA OF 1 I Cl 4M CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Budget Committee Subcommittee Report on Social Service Agency Applications PREPARED BY: Bill Monahan _DEPT HEAD OK _/A/P 'CITY MGR OK G10- ISSUE BEFORE THE COUNCIL Review proposed changes to the Social Service Agency applications. STAFF RECOMMENDATION Council should review the new application form and suggest changes, if any. INFORMATION SUMMARY The Budget Subcommittee met last week to review the Social Service application form. Attached is a copy of the form used in prior years for Council's review. The Budget Committee reviewed the form and suggested changes. Wayne Lowry prepared a new draft, based upon the subcommittee's comments, and circulated it for review. Subcommittee members have until the end of the week to contact Wayne Lowry with any suggestions for change. If all changes have been received by the time the newsletter is sent out on Friday, January 15, Council will receive a revised form in their newsletter packet. Otherwise, the proposed funding request application will be presented to the Council at the January 19, 1999 meeting. OTHER ALTERNATIVES CONSIDERED 1. Retain the existing form. 2. Develop alternative language. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY FISCAL NOTES N/A \\TIG333\USR\DEPTS\ADM\CATHY\COUNCIL\AGENDA ITEM SUMMARY SHEET- SOCIAL SERVICE AGENCIES.DOC CITY OF TIGARD, OREGON 13125 S.W. Hall Blvd. Tigard, OR 37223 AGENCY FUNDING REQUEST APPLICATION AGENCY: ADDRESS: City State Zip PERSON PREPARING APPLICATION PHONE NUMBER 1. Describe the Agency's Mission: 2. What programs/services did your agency provide in Tigard, this year? i 3. What types of services will be provided in the year in which funding is requested and how many Tigard residents are estimated to be served? . T CLIENT CHARACTERISTICS: (For last year) Please indicate: Estimate Actual (Unduplicated count) AGE SEX ETHNICITY Number/Percent Number/Percent Number/Percent 0-4 Male Black 6-19 Female Hispanic 20-45 Asian 46-64 Am. Indian 65+ White (Anglo) Unknown Unknown TOTAL TOTAL TOTAL 2 . FUNDRAISING 1. Please identify geographic area covered in fund raising activities. 2. Were funds solicited last fiscal year? A. Who did solicitations? By Board Member's By Employees By Professional Fund-Raiser B. How did you do solicitations? Approximate amount of revenue from each By Correspondence $ By Benefits, Auctions, Special Events $ By Campaigns $ By sales of goods or services $ Other $ Total Revenue from solicitations $ 3. Sources of funds collected during the last fiscal year: Corporations and Businesses $ Individuals $ Foundations $ Service Clubs/Civic Organizations Government Grants $ Other (specify) $ TOTAL (should agree with total of 2B above) $ 3 4. What fund-raising activities does the agency plan to conduct next year? MONTH EXPENSES THE FUNDS ACTIVITY CONDUCTED ARE TO BE USED FOR: A. [ ] CAPITAL [ ] OPERATING B. [ ] CAPITAL [ ] OPERATING C. [ ] CAPITAL [ ] OPERATING D. [ ] CAPITAL [ ] OPERATING FINANCIAL INFORMATION 1. What fiscal year is used? 2. By whom, and how are expenditures authorized? 3. What is the amount requested from the City of Tigard for the next fiscal year? 4. If funds are being solicited from other local governments in the State of Oregon, please list them and the requested amounts below. RECEIVED REQUESTED REQUESTED LOCAL GOVERNMENT LAST YEAR THIS YEAR NEXT YEAR N 5. Have the financial records of the organization been audited? If so, please submit a copy of the latest audit report. 4 6. Were government or foundation grants received during the last fiscal year?. If yes, list source and amount: A. $ B. $ C $ D. $ 7. Were matching funds required? If yes, what percent of match was required? 8. Does the organization have contracts for services with other agencies? If yes, please list. AGENCY SERVICE PROVIDED AMOUNT 9. Capital or endowment funds on hand $ 10. What are plans, if any, for use of these funds? PROPERTY INFORMATION Describe location of property (buildings, offices, recreational facilities, etc.) used by the agency: LEASE RENT OWNED AMOUNT AMOUNT A. B. C. D. E. F. G. 5 • AGENCY BUDGET AGENCY Name of Program Data Submitted PROJECTED NEXT FISCAL REVENUE & EXPENSES LAST FISCAL THIS YEAR YEAR ACTUAL FISCAL YEAR PROPOSED 19 19 19 PUBLIC SUPPORT & REVENUE 0 CARRY OVER PREV. YEAR 1 ALLOC - UNITED WAY 2 CONTRIBUTIONS (PRIVATE) 3 SPECIAL EVENTS 4 LEGACIES & BEQUESTS 5 TOTAL GOVT FEES & GRANTS A. FEDERAL B. STATE C. REVENUE SHARING D. COUNTY 6 MEMBERSHIP DUES 7 PROGRAM SERVICE FEES 8 SALES OF MATERIALS 9 INVESTMENT INCOME 10 MISCELLANEOUS REVENUE 11 TOTAL SUPPORT & REVENUE (ADD 0 THRU 10) EXPENSES 12 SALARIES 13 EMPLOYEE BENEFITS 14 PAYROLL TAXES, ETC. 15 PROFESSIONAL FEES 16 SUPPLIES i 17 TELEPHONE 18 POSTAGE & SHIPPING i 19 OCCUPANCY-RENT, UTIL., ETC. 20 EQUIP. RENTAL & MAINT. 21 PRINTING & PUBLICATIONS 22 TRAVEL 23 CONFERENCES & MEETINGS 24 SPECIFIC ASSIST. TO INDIV. 25 MEMBERSHIP DUES 26 MISCELLANEOUS EXPENSES 27 DEPRECIATION 28 TOTAL EXPENSES (ADD 12 THRU 27) 6 • AGENCY BUDGET a PAGE 2 29 EXCESS (DEFICIT) OF REVENUE OVER EXPENSE I (11 MINUS 23) 30 BOARD RESTRICTED FUNDS 31 OTHER RESTRICTED FUNDS 32 LAND, BLDGS, EQUIP. 33 INVESTMENT SECURITIES 34 ENDOWMENTS/OTHER FUNDS i 7 , H i q~ i 7 MEMBERSHIPNOLUNTEERS/PERSONNEL 1. Does the organization have a membership? A. If so, how many? B. Are there membership dues? How much? Total dues received last year? 2. Does the organization have auxiliaries, guilds, or affiliated organizations whose activities contribute to its program and/or support? NAME OF PURPOSE OF AMOUNT OF ORGANIZATION ORGANIZATION SUPPORT VOLUNTEERS 1. How many, if any, volunteers are used in the program? 2. Describe how they are used: 3. Please estimate the total number of volunteer manpower hours over the last twelve (12) months: 4. Is training available for volunteers? When? Time Required 8 Pill STAFF 1. How many employees are involved in the program? Part Time Full Time 2. Please estimate the total number of manpower hours of paid employees in the year for which funding is requested. 9 BOARD OF DIRECTORS AGENCY NAME ADDRESS OFFICE HELD TERM EXPIRES ON BOARD f MEETINGS ARE HELD: Is there a policy for rotation of Board members? If yes, please describe hfiffisocserv.doc 10 City of Tigard, Oregon Social Agency Revised Process Proposal January 1999 Social Agency funding requests ❑ By December 15 of each year, the revised "Social Agency Funding Request Application" will be mailed to all agencies that requested funding in the prior year. It will also be mailed to any other agencies that express interest in City funding. o The funding target available for such requests will be determined by the Finance Director using the formula agreed upon by the Budget committee. The formula is currently '/s of one percent of the current year operating budget. The Finance Director will then split the cap between social agency funding and arts/events funding using historical proportions. o The completed applications will be due to the Finance Director by January 31. The Finance Director will review each application to ensure that all required information is included in the application materials. o The applications will be reviewed by a subcommittee consisting of two citizen budget committee members, one member of the City Council, the City Manager and the Finance Director. The subcommittee will hold a meeting to review the applications and may invite agency representatives to make presentations if determined to be necessary by the subcommittee. ❑ The Subcommittee will make its funding allocation recommendation to the City Manager by April 15 and such recommendation will be included in the City Manager's proposed budget. ❑ The full budget committee will then meet to discuss the proposed budget which will include the subcommittees recommended funding allocation. i City of Tigard, Oregon Arts and Events Revised Process Proposal January 1999 Art/Events ❑ By December 15 of each year, the "Arts and Events Funding Request Application" will be mailed to all organizations that requested funding in the prior year. It will also be mailed to any other groups that express interest in City funding. ❑ The Target funding level for Arts/Events will be determined by the Director of Finance using the formula established by the Budget Committee. ❑ The completed applications will be due to the Finance Director by January 31. The Director of Finance will review each application to ensure that all required information is included in the application materials. ❑ Arts/Events applications for funding will be reviewed by a subcommittee of the City Council. The subcommittee will hold a meeting to review the applications and may invite representatives to make presentations if determined to be necessary by the subcommittee. ❑ The Subcommittee will make its funding allocation recommendation to the City Manager by April 15 and such recommendation will be included in the City Manager's proposed budget. ❑ The full budget committee will then meet to discuss the proposed budget which will include the subcommittees recommended funding allocation. CITY OF TIGARD, OREGON 13125 S.W. Mall Blvd. Tigard, OR 97223 639-4171 SOCIAL AGENCY FUNDING REQUEST APPLICATION AGENCY: ADDRESS: City State Zip PERSON PREPARING APPLICATION PHONE NUMBER 1. Cash Contribution Requested: Value of In-hind Contribution Requested: (further explanation required in #7) Total Requested 2. Describe the Agency's Mission: 3. What group of citizens in Tigard does your organization intend to target? i i 1 s 4. What types of services will be provided in the year in which funding is requested and how many Tigard residents are estimated to be served? Also indicate the percentage of your operation dedicated to service in Tigarc•^ 5. If funds are being solicited from other local governments in the State of Oregon, please list them and the requested amounts below. RECEIVED REQUESTED REQUESTED LOCAL GOVERNMENT LAST YEAR THIS YEAR NEXT YEAR 6. Have the financial records of the organization been audited? If so, please submit a copy of the latest audit report. If not, please explain why an audit is not performed. 7. Explain any "in-kind" services your organization expects to request from the City of Tigard including subsidized or free use of City facilities. Also determine the value of such services and show the amount here and in Section 1 of this application. 2 MIN 8. Please use the following format to report your financial information in your application. You do not need to submit your Agency Budget and Financial Report on this page. However, any computer generated Report must use the identical format shown below and include the specific categories as shown below. Agency Budget and Financial Report format Agency Revenues and Expenses Projected Next Fiscal Last Fiscal This Year Year Actual Fiscal Year Proposed 19 19 19 Beginning Balance Resources Private Contributions Special Fund Raising Events State Revenue Federal Revenue Local Government Other Revenue Total Resources Full Time Equivalent Positions Expenses Wages and Benefits Professional Fees Rent/Lease Office Expenses Utilities Travel and Training Specific Assistance to Individuals Other Expenses Total Expenses Ending Balance 3 9. Please provide a list of your current Board of Directors Including name, address, phone number and term. BOARD OF DIRECTORS AGENCY NAME ADDRESS PHONE NUMBER TERM EXPIRES lAftsoeserv.doc 4 AGENDA ITEM # FOR AGENDA OF January 19, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Report of the Community Housing Task Force and staff report regarding dangerous and derelict buildings. PREPARED BY: David Scott DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Hear the report of the Community Housing Task Force regarding recommendations for a housing code and program policies and procedures. Also, hear a staff report regarding the related issue of dangerous and derelict buidings. STAFF RECOMMENDATION 1. Accept the recommendations of the Community Housing Task Force regarding the Community Housing Program. 2. Accept the recommendations of staff regarding dangerous and derelict buildings, and schedule for public hearing at the February 9, 1999 business meeting. INFORMATION SUMh4ARY Community Housing Program: In July 1997, the Council formed the Community Housing Task Force to address growing community concern regarding the deterioration of some of the existing housing stock in Tigard and a desire to mitigate deterioration and prevent it from increasing in the community. The Council appointed representatives from the rental housing industry and tenant advocates to the Task Force. The Council gave the Task Force the charge of studying the issues and recommending a Community Housing Program. The Task Force determined that a property maintenance code which provides for minimum standards of safety, health, sanitation and habitability will mitigate the deterioration of housing in Tigard. The Task Force also developed program policies and procedures for implementing the program. Attached is a memo listing the Task Force's recommendations. Also attached is the full report of the Task Force, including an Executive Summary. Dangerous Buildings: (This portion of the ordinance is a staff recommendation outside of the work of the Task Force) Title 14 of the Tigard Municipal Code currently contains provisions for abating dangerous buildings. It is proposed to locate those provisions in the same chapter as the housing code, under the title "Property Maintenance Regulations." The proposed ordinance makes minor revisions to the existing dangerous buildings code to clarify and consolidate definitions. Additionally, changes are proposed to clarify notice and enforcement mechanisms, pursuant to the advice of the City Attorney. The scope and intent of the existing provisions is unchanged. Derelict Buildings: (This portion of the ordinance is a staff recommendation outside of the work of the Task Force, except as it pertains to residential structures) It is also proposed to create derelict buildings as a new classification of building subject to enforcement by the City. Generally, a derelict building is a wholly unoccupied (50% unoccupied for residential buildings) building which has been ordered vacant by the Building Official, has been given a notice of civil infraction, is unsecured, is boarded or has, while vacant, had a nuisance declared by the City. The proposed ordinance gives the City the ability to abate these type of situations. Currently the City can only abate these situations if the building becomes dangerous according to the dangerous buildings code. OTHER ALTERNATIVES CONSIDERED None. FISCAL NOTES No fiscal impact directly associated with adoption of the ordinance. There are fiscal implications related to program policies which are discussed in the summary for the accompanying resolution. Program costs are estimated at $70,000 per year. Unknown revenue will be derived from fines and penalties. I: I ci tywide I sum 1119chtf. doc CITY OF TIGARD Community Development Shaping A .letter Community MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council FROM: David Scoff, Building Official DATE: January 19, 1999 SUBJECT: Report of the Community Housing Task Force The Community Housing Task Force is pleased to present its report, culminating over one-year of work. Listed below are the recommendations of the Task Force: • Adopt the proposed ordinance creating property maintenance provisions for existing housing. • Adopt the proposed resolution stipulating the following major program policies to be followed: 1. The code will be enforced and inspections performed only when a complaint or referral is received. 2. Self=referral by inspectors is allowed when obvious violations are observed during the regular course of business (includes conducting an inspection or driving to and from inspections). 3. Anyone can complain or refer. Anonymous complaints will not be accepted. A complainant's name will be kept confidential to the extent allowed by the Oregon Public Records Law. 4. Specific complaint investigation and enforcement procedures designed to allow property owners the opportunity to comply outside of formal enforcement while ensuring tenant access to the program and timely program response. • Hire 1 Housing Inspector (Inspector 1) in the Building Division and provide inspector with necessary materials and supplies (already in FY 98/99 budget) • Establish a "relocation" plan with the County and other agencies and appropriate a $10,000 emergency fund to provide for temporary housing and/or immediate repairs in emergency life-threatening situations. • Support all costs associated with the program from the general fund ® Apply any fines collected from the Civil Infractions process to the general fund Attached is the complete Task Force report, including an executive summary. City of Tigard Community Housing Task Force FINAL. DEPORT { { Tigard, OR January 1999 City of Tigard Community Housing Task Force FINAL. REPORT Task Force: Paul Alig ( 6/11/98-present), Robert Flug (2/12/98-5/28/98) and Andy Miller (10/10/97- 1/8/98); Oregon Legal Services Corporation Sharon Fleming-Barrett, Oregon Apartment Association (entire process) Emily Cedarleaf, Multi-Family Housing Council (participated by review of documents) Sheila Greenlaw-Fink, Community Partners for Affordable Housing (entire process) Cecilia Maciel, resident of multi-family rental housing (able to attend several meetings) Sally Parks, Metro Multi-Family Housing Association (entire process) Councilor Ken Scheckla (entire process) Dedi Streich, Portland Metropolitan Association of Realtors (10/10/97-1/8/98) Susan Wilson, Washington County Department of Housing Services (entire process) Staff: David Scott, Building Official, City of Tigard Additional Support: Eric McMullen, Tualatin Valley Fire and Rescue Tigard, OR January 1999 Community Housing Task Force Final Report Table of Contents Executive Summary p.1 Section 1: Background p.4 Section 2: Task Force Process p.8 Section 3: Task Force Findings/Actions p.9 a. Should there be a codified minimum standard of habitability, safety and p.9 sanitation for existing housing in Tigard? (Should Tigard adopt a housing ordinance?) b. What is the minimum standard of habitability, safety and sanitation? p.9 (What should the housing ordinance require?) c. What types of properties should be subject to the provisions of the p.9 ordinance? d. How should the ordinance be enforced. (Should inspections be p.12 proactive, reactive or some combination?) e. What resources need to be applied? (How many inspectors, support - p.12 staff, vehicles and other equipment/supplies are needed?) f. What is the cost of this Housing Program? p.12 g. How should the Housing Program be funded? p.12 h. What implementation and program policies should be adopted? p.13 Occupant Displacement Issue p.14 Section 4: Task Force Recommendations p.16 Section 5: Final Statement p.17 Appendix A - Proposed Ordinance and Resolution Appendix B - Written Testimony from Social Care Facility Stakeholders Appendix C - Program Staffing Analysis Appendix D- GAO Testimony before the U.S. Senate Special Committee on Aging, Re: California Nursing Homes (Submitted by Paul Alig, Oregon Legal Services) EXECUTIVE SUMMARY In July 9997, the Council formed the Community Housing Task Force to address growing community concern regarding the deterioration of some of the existing housing stock in Tigard and a desire to mitigate deterioration and prevent it from increasing in the community. The Council appointed representatives from the rental housing industry and tenant advocates to the Task Force. The Council gave the Task Force the charge of studying the issues and recommending a Community Housing Program. The Task Force decided to address the following specific questions in completing its analysis: • Should there be a codified minimum standard of habitability, safety and sanitation for existing housing in Tigard? (Should Tigard adopt a housing ordinance?) • If yes, what is the minimum standard of habitability, safety and sanitation? (What should the housing ordinance require?) • What types of properties should be subject to the provisions of the ordinance? • How should the ordinance be enforced. (Should inspections be proactive, reactive or some combination?) What resources need to be applied? (How many inspectors, support staff, vehicles and other equipment/supplies are needed?) • What is the cost of this Housing Program? • How should the Housing Program be funded? What implementation and program policies should be adopted? The Task Force established general criteria for guiding their decisions on these questions and issues. These criteria reflect the over-all scope and intent of the Task Force's recommendation for the Community Housing Program. The criteria are: • The program should be equitable for all property owners and residents of Tigard. 9 Specific provisions of the ordinance should be limited to those necessary to provide for minimum standards of safety, sanitation and habitability. The Task Force concluded that Tigard should adopt a Housing Code. The Task Force recommends that enforcement of the substantive provisions of the ordinance be based exclusively upon complaints and referrals and that the existing Civil Infractions procedure be followed for compliance. The Task Force recommends that all types of residential structures, including social care facilities, be included within the scope of the 1 ordinance. To provide the necessary resources to implement the program, the Task Force recommends that one Housing Inspector (Inspector 1) be hired in the Building Division, and that all costs associated with the program be borne by the general fund. The Task Force recommends no specific funding source for the program except for fines collected under the Civil Infractions process. The Task Force recommends that the City establish a relocation plan with the County and other agencies and that a $10,000 emergency fund be established to provide for temporary housing and/or immediate repairs in emergency life-threatening situations. Finally, the Task Force recommends the following program policies: The ordinance will be enforced and inspections performed only when a complaint or referral is received. Self-referral by inspectors is allowed when obvious violations are observed during the regular course of business (includes conducting an inspection or driving to and from inspections). Anyone can complain or refer. Anonymous complaints not accepted. Complainant's name cannot be given out unless complainant gives permission (privacy right under the Oregon Public Records Law). When a complaint or referral is received from a tenant or the tenant's representative regarding a non-owner occupied property, the City will ask the caller if they are being evicted. If they are, no inspection will be made until staff has contacted the owner or owner's representative. When a complaint or referral is received from a tenant or the tenant's representative regarding a non-owner occupied property, staff will ask the caller if they have tried to resolve the issue with the landlord. If not, the City will not pursue until the caller has tried to resolve the issue with the landlord (except for serious safety, habitability or sanitation issues). When a complaint or referral is received from someone who is not the tenant or the tenant's representative the City will attempt to notify the property owner or authorized representative prior to performing an inspection. If the tenant or tenant's representative has tried to resolve the issue with the landlord, the City will attempt to notify the property owner or authorized representative prior to performing an inspection. The owner will be given chance to correct the problem and call in when corrections are made, within an agreed timeframe. Staff will then confirm this with the tenant or tenants representative. If confirmed, no inspection will be required. This "self certification" process will not be used for complaints regarding significant safety, habitability or sanitation issues. To facilitate this process, rental property owners will be encouraged to voluntary register a contact phone number and contact person so notification can be made. Registration can be part of the business tax process. Owners who fail to register 2 May not receive notice. Staff will search property tax, utility and will ask the complainant for contact information regarding the property owner. At the onset of the program, a mailer will go to rental property owners to solicit their registration. Complaint or referral inspections will be limited to the unit(s) and specific code item for which the complaint or referral is received, or the specific portion or the common area(s) if the complaint or referral is regarding the common area. No inspection will be done of other areas unless the inspector notices obvious violations during the course of conducting the inspection. When called to inspect compliance with previously noted violations the inspection shall be limited as above. Any new violations discovered in the subject areas shall be treated as separate and new violations. Any violations resulting from additional complaints or referrals on a unit or area already under a compliance action shall be treated as separate and new violations. 3 SECTION 1: BACKGROUND Introduction In early 1997 the City Council requested that staff investigate and report on the issue of maintaining a safe, sanitary and affordable housing stock in the City. The Council initiated this work in response to growing community concern regarding the deterioration of some of the existing housing stock in Tigard and a desire to mitigate deterioration and prevent it from increasing in the community. In the summer of 1997, the City Council considered a report from staff regarding the issue. Because of the complexity of specific issues and the diverse stakeholders involved, staff recommended that the Council form a task force to study the issue and report back to the Council. In July 1997, the Council formed the Community Housing Task Force. The general issues which the Council considered are presented below. General Nature of Housing Problem in Tigard: As Tigard's housing stock ages, the occurrence of housing blight and deterioration is increasing. While this is most evident in older multi-family rental properties, similar problems occur in single-family properties. Tigard currently has no housing program designed to address this problem. Tigard's "Dangerous Buildings" code, which focuses primarily on structural or damage issues, does contain a provision dealing with housing issues. However, the language of this provision is ambiguous because it does not contain standards from which to determine inadequacy for human habitation, etc. Further, the "Dangerous Buildings" code is not intended for this purpose and is therefore not administratively crafted to provide for a housing program. Objective of a Community Housing Program: The general objective of a Community Housing Program is to reverse the debilitating effects which housing blight and deterioration cause to a community. At the center of such a program is the housing code, which establishes minimum standards essential to make dwellings safe, sanitary and fit for human habitation by governing the condition and maintenance, the supplied utilities and facilities and the occupancy. Items inspected under a fully comprehensive program cover all facets of habitability. This objective is distinct from that of the building code, which is intended to require buildings to be constructed in such a way to sustain safely, the loads expected and to be reasonably safe for occupancy against fire and similar hazards. Types of Community Housing Programs: Once an effective housing code is adopted, there are several ways to implement the program: Complaint and Referral Inspection - Housing inspections are performed only after a complaint or referral is received. This approach satisfies the person making the 4 t complaint or referral and helps improve some of the community's sub-standard housing. However, this unsystematic approach does little to bring about general improvements and is an inefficient way of using inspections staff. Also, staffing levels are difficult to predict. • Proactive Inspection - Housing inspections are routinely performed at a specific interval. Any sub-standard items discovered are required to be corrected. Inspections are also performed when a complaint or referral is received. A proactive inspection program can be very comprehensive, including all multi- and single-family units or can be limited to rental units only, multi-family rental units only or certain target neighborhoods or properties. Funding Options: Comprehensive, proactive programs require a steady funding source. Options include license fees for landlords, general fund and fines for failure to timely comply with deficiencies noted upon inspection. Programs which target specific neighborhoods or projects may qualify for HUD grants. Sometimes various permits may be required for corrective work. Fees for these permits would cover the costs associated with issuing and inspection and would not subsidize the proactive inspections. Complaint and referral programs are difficult to fund directly because workload and activity are difficult to project. General fund designation is the most practical funding source. Fines for untimely compliance can provide some additional revenue. Models from Other Jurisdictions: Currently, no municipality in Washington County has an adopted housing code or a housing inspection program. Staff is only aware of two such programs active in Oregon (Portland and Salem): • Portland - Portland compiled existing housing provisions into one title of its municipal code in 1970. These housing provisions were replaced in 1993 with new provisions based upon the work and report of the Citizens Advisory Committee on Quality Rental Housing. Portland's program consists of a combination of proactive and reactive inspections. Proactive inspections are performed in three target neighborhoods and for all multi-family rental housing (three stories or higher and older than 20 years) considered at risk. All other inspections are complaint and referral based. Funding for the target neighborhoods is 100% from HUD grants. Funding for the other proactive multi-family inspections is 50% HUD grants and 50% general fund and fines. Funding for the reactive inspections is general fund and fines. Portland performs approximately 16,500 inspections/year and has a staff of 18 inspectors, 2 inspection supervisors and 7 support staff (including 1 supervisor). • Salem - Salem began its program in 1972. Salem's program is fully comprehensive and proactive. All multi- and single-family rental units are inspected every 3-5 years. Hotels, motels, homeless shelters and room and board facilities are also included. 5 Inspections are also performed pursuant to complaints and referrals. Owner occupied single-family units are covered by the code, but are inspected only on a complaint/referral basis. Funding for the program is by an annual license fee of $7.50 plus $7 per unit. Salem performs approximately 4,500 inspections/year and has a staff of 2 inspectors. Salem staff indicates that they are behind in their proactive inspections at this staff level. Implications of a Community Housing Program: The question of whether to start a Community Housing Program in Tigard represents a significant policy decision. Options of program comprehensiveness and funding are varied. A program will impact multi- and single-family rental property owners, as well as potentially all owners of single-family and condominium units and other properties. To ensure program equity, the social and economic benefits of reversing housing blight and deterioration and attempting to ensure that housing in Tigard meets minimum standards of habitability should be weighed against the specific cost to property owners and the general cost to Tigard's taxpayers. Task Force Composition To ensure that all stakeholders in this issue were represented, the Council solicited and received the participation of the following organizations and constituencies: Oregon Apartment Association, Metro Multi-Family Housing Association, Multi-Family Housing Council, Portland Metropolitan Association of Realtors, Community Partners for Affordable Housing, Washington County Department of Housing Services, Oregon Legal Services Corporation and a resident of multi-family rental housing. The Council gave the Community Housing Task Force the following charge: The Community Housing Task Force is charged to review the following issues and recommend a Community Housing Program to the Council. 1. How comprehensive should a housing program be in Tigard? Should all rental units (single and multi-family) be included, only multi-family, or only specific units based upon some threshold of age and size? Should hotels, motels and other similar uses be included? { 2. How often should targeted units be inspected? 3. Should inspections cover a fully comprehensive list of habitability issues, or should only certain limited issues be covered? 4. Should the program be fully proactive, only reactive or some combination thereof? 6 5. How should a housing program be funded? Should landlords be assessed a license fee, should general fund appropriations be used, block grants (if they are viable for Tigard's situation), or some combination thereof? The Task Force met twenty (20) times from October 1997 through December 1998.. The Task Force was assisted by the City Attorney's office, David Sweet (City of Portland), Eric McMullen, Tualatin Valley Fire and Rescue, and David Scott, Building Official. The results of their work are presented on the following pages. 7 11 Will Section 2: Task Force Process At its first meeting, the Task Force heard presentations from Tigard's Police Chief, Ron Goodpaster, and Eric McMullen, from Tualatin Valley Fire and Rescue. Both presentations described the problems associated with deteriorating housing in Tigard and the efficacy and timeliness of the work of the Task Force. During subsequent meetings, the Task Force heard presentations from the City Attorney staff and David Sweet, a supervisor with the City of Portland's housing inspection program. The Task Force determined to proceed by addressing the following "decision items" in order, culminating in a full recommendation and report to the City Council: a. Should there be a codified minimum standard of habitability, safety and sanitation for existing housing in Tigard? (Should Tigard adopt a housing ordinance?); b. If yes, what is the minimum standard of habitability, safety and sanitation? (What should the housing ordinance require?); C. What types of properties should be subject to the provisions of the ordinance?; d. How should the ordinance be enforced. (Should inspections be proactive, reactive or some combination?); e. What resources need to be applied? (How many inspectors, support staff, vehicles and other equipment/supplies are needed?); f. What is the cost of this Housing Program? g. How should the Housing Program be funded? h. What implementation and program policies should be adopted? The Task Force's findings and actions regarding each of these decision issues are presented in the following section of this report. 8 Section 3: Task Force Findings/Actions a. Should there be a codified minimum standard of habitability, safety and sanitation for existing housing in Tigard? (Should Tigard adopt a housing ordinance?) The Task Force reached consensus that there should be a minimum standard and that a housing code should be adopted. b. if yes, what is the minimum standard of habitability, safety and sanitation? (What should the housing ordinance require?) ® After reviewing several models for a housing code, the Task Force crafted a proposed ordinance that reflects the general criteria for the program. The Task Force used "minimum standards for safety, sanitation and habitability" as its benchmark in evaluating the substantive provisions of the ordinance. c. What types of properties should be subject to the provisions of the ordinance? Listed below are the types of properties the Task Force determined should be included within the scope of the ordinance. For each type of property a summary of the Task Force's findings excerpted form Task Force minutes is included. • Owner occupied single-family: "these should be included because of the general intent of the program to mitigate the effects of blight and deterioration on neighborhoods. Also, owner occupied can also mean owner abandoned, where dwellings are vacant and a nuisance. Some concern was raised regarding the applicability of requirements to owner occupied dwellings and the "intrusion" of local government into this area. It was suggested that an equity issue also is pertinent in this case. If a code applies to a rental single-family dwelling and the landlord must meet certain minimum standards which include exterior issues, then an owner occupied dwelling on the same street should also have to meet these standards. Comments made by David Sweet, City of Portland, at the 10/30/97 meeting were also discussed. According to Sweet, owner occupied dwellings can have issues which expose children and others to unhabitable living conditions. All of these issues confirm the appropriateness of including owner occupied single-family dwellings and the Task Force reached consensus on their inclusion." • Owner occupied condo, townhouse or rowhouse: "the Task Force reached consensus that these should be included for the same reasons discussed above." • Renter occupied single-family: "the Task Force reached consensus that these should be included for the same reasons as an owner occupied single-family dwelling with the additional reason that the program is also intended to ensure that landlords (and tenants) maintain their units in compliance with minimum standards. 9 Most housing code issues stem from renter occupied units, as evidenced by the fact that 80% of Portland's complaints are regarding rental units." • Renter occupied condo, townhouse or rowhouse: "the Task Force reached consensus that these should be included for the same reasons as discussed above." • Apartments: "the Task Force reached consensus that these should be included for the same reasons as stated above." • Motels and Hotels: "It was determined that the intent of the program is not to regulate the 'Best Westerns,' but rather those properties where units are rented out in daily, weekly or monthly blocks and are essentially providing the primary housing for tenants, although the sign outside may say 'Motel.' Portland's ordinance provides clear guidelines to distinguish legitimate motels and hotels from those properties which are really providing housing. The Task Force reached consensus that Portland's provisions would be appropriate..." • Boarding Houses: "the Task Force reached consensus that these types of uses should be included because they are similar to apartments because they provide the primary housing for tenants." • . Homeless Shelters: "the Task Force reached consensus that these should be included, but that the specific provisions should recognize the unique nature of this type of use and not be such that homeless shelters were not viable in Tigard." • Dormitories: "the Task Force reached consensus that these types of uses should be included because they are similar to boarding houses." • Social Care Facilities: the Task Force crafted a definition of Social Care facilities to include group living facilities such as retirement facilities, half-way houses, youth shelters, homeless shelters (see above) and other group living facilities. Included in this category is Adult Foster Care Homes, which are defined as single-family dwellings by state and federal law. The Task Force reached conserisus.that it is appropriate to be concerned with the maintenance of these facilities. However, concern was expressed that other agencies may already regulate these types of uses through their licensing programs. Further, the Task Force acknowledged that stakeholders representing providers in this category and state licensing agencies were not yet involved in the process. To facilitate an informed decision on this issue, the Task Force invited the participation of stakeholders from the "social care" constituency. These stakeholders were invited to participate on 6/4/98, and the Task Force's 8/6198 meeting was devoted exclusively to this issue. Additional discussion was held regarding the matter at subsequent meetings. The following individuals were invited to participate: • Sally Goodwin, Director, Or ;gon Alliance of Senior and Health Services 10 • Margaret Carley, Staff Attorney, Oregon Health Care Association • June Sulfridge, Adult Care Providers of Oregon, President/Treasurer • Margaret Cervenko, Oregon Alliance of Senior and Health Services • Mary Monnat, CEO Tualatin Valley Centers • Brad Huber, Executive Director, Luke-Dorf • Jean Olsen-Meyers, Oregon Rehabilitation Association The following individuals participated: • Sally Goodwin, Director, Oregon Alliance of Senior and Health Services • Margaret Carley, Staff Attorney, Oregon Health Care Association • June Sulfridge, Adult Care Providers of Oregon, President/Treasurer • Kathy Labadie, Oregon Senior and Disabled Services Division • Katalin Ratkei, foster home owner • Donald Nyberg, Health Facilities Consultant, Oregon Dept Of Human Resources • Grover C. Simmons, Representing ACPO After reviewing the information provided by and the position articulated by the social care stakeholders, the Task Force reached consensus that Social Care facilities and Adult Foster Care facilities should be included, notwithstanding other state licensing programs which might apply. Specifically excluded from inclusion are institutional occupancies (I occupancies in the state building code). Additionally, conflicts between Tigard's ordinance and licensing regulations were eliminated with deference given to the licensing regulations. This was done to avoid placing operators in a "catch 22" situation between state and local requirements. The Task Force's determination is based upon the following findings: • Institutional and institutional like uses are beyond the scope of this type of ordinance and the original charge of the Task Force to evaluate requirements for the maintenance of residential uses. • It is equitable for Tigard to include all types of residential uses within the scope of the ordinance, regardless of other existing regulatory mechanisms. • Tigard's ordinance will not conflict with licensing requirements (when conflicts in the draft are eliminated), therefore, inclusion does not add an additional layer of different regulation, but rather a complimentary layer. • Local responsiveness may be an important component of the over-all regulation of licensed facilities, providing for a quick, non-confrontational resolution of issues. It is noted that the social care facility stakeholders are opposed to inclusion of state licensed facilities within the scope of the ordinance. Appendix "B" includes the written testimony received by the Task Force from the social care stakeholders. 11 d. How should the ordinance be enforced? (Should inspections be proactive, reactive or some combination?) The Task Force reached consensus that the program should be a reactive, complaint and referral program. If the need to expand the program arises in the future, the issue of pro-active inspections can be addressed. This determination was based upon Councilor Sheckla's articulation that the Council's goal for the program is to mitigate health and safety problems that exist in housing, especially in those properties where sub-standard conditions are obvious. Further, Council's goal is to prevent similar conditions from occurring at properties which are not currently sub-standard. It was the consensus of the Task Force that this goal did not seem to indicate any proactive inspections, but that inspections be performed when problems arise or are identified. Proactive inspections are unnecessarily invasive to those properties which do not have problems. After considering several compliance mechanisms, the Task Force also reached consensus that the City's existing Civil Infractions process be employed for this ordinance. If this approach proves ineffective, further options could be explored. Issues for further consideration include fine minimums (should there be for certain violations) and use of a specially knowledgeable hearings officer vs. use of a generalist hearings officer. This determination was based upon the fact that the Civil Infractions process is local and allows for the most flexibility. Additional discussion of other compliance mechanisms considered is in sub-section g below, regarding funding options. e. What resources need to be applied? (How many inspectors, support staff, vehicles and other equipment(supplies are needed?) Based upon staffs analysis shown in Appendix "C," the Task Force determined that a reactive program will require one inspector and accompanying support resources. f. What is the cost of this Housing Program? First year costs are estimated at $81,500 (if a vehicle is purchased, less if leased). On- going costs are estimated at $59,500 annually, plus an inflationary factor. g. How should the Housing program be funded? Several fending mechanisms were explored by the Task Force. The Task Force acknowledged that it is reasonable for the housing program to be subsidized by general property tax funds because of the general community good the program provides. The Task Force reached consensus that no specific funding mechanism other than potential civil penalties from the Civil Infractions process be explored. Other funding options considered and a brief discussion follow: • earmark existing business taxes assessed to rental property owners to the housing program (revenue currently $5,000 - $6,000 per year, based on $55 per owner - 94 owners paid so far in 1997), tax is currently assessed when more than 3 rental units 12 are owned. The tax formulation could be modified. This proposal was not forwarded because it really does not represent any new general fund revenue. • assess monthly penalties against owners who fail to comply with correction notices in a timely manner, penalties to assess automatically and be recorded on the property. Staff reported that based upon a pro-rata analysis with Portland's data, similar to that used to determine the potential number of housing inspections, Tigard might anticipate $10,00 - $12,000 from this source. This proposal (modeled after Portland's program) was not forwarded due to concerns that it uses compliance as a revenue generation scheme and stakeholder concerns with Portland's application of this process. • assess relatively high fines through a hearing process against owners who fail to comply with correction notices after some excessive period of time has transpired. This proposal was not forwarded because the existing Civil Infractions process allows for the imposition of daily fines. • assess monthly penalties and fines as described above for failure to comply on a timely basis with correction notices from the code enforcement officer (this is an existing program area, the proposal is aimed at generating general fund revenue to off-set general fund costs associated with the housing program - the proposal does not anticipate increased code enforcement activities). This proposal was not forwarded because it was felt that existing code enforcement processes were beyond the scope of the Task Force's charge. h. What implementation and program policies should be adopted? • The ordinance will be enforced and inspections performed only when a complaint or referral is received. • Self-referral by inspectors is allowed when obvious violations are observed during the regular course of business (includes conducting an inspection or driving to and from inspections). • Anyone can complain or refer. Anonymous complaints not accepted. Complainant's name cannot be given out unless complainant gives permission (privacy right under the Oregon Public Records Law). • When a complaint or referral is received from a tenant or the tenant's representative regarding a non-owner occupied property, the City will ask the caller if they are being evicted. If they are, no inspection will be made until staff has contacted the owner or owner's representative. • When a complaint or referral is received from a tenant or the tenant's representative regarding a non-owner occupied property, staff will ask the caller if they have tried to resolve the issue with the landlord. If not, the City will not pursue until the caller has tried to resolve the issue with the landlord (except for serious safety, habitability or sanitation issues). 13 6 When a complaint or referral is received from someone who is not the tenant or the tenant's representative the City will attempt to notify the property owner or authorized representative prior to performing an inspection. If the tenant or tenant's representative has tried to resolve the issue with the landlord, the City will attempt to notify the property owner or authorized representative prior to performing an inspection. The owner will be given chance to correct the problem and call in when corrections are made, within an agreed timeframe. Staff will then confirm this with the tenant or tenants representative. If confirmed, no inspection will be required. This "self certification" process will not be used for complaints regarding significant safety, habitability or sanitation issues. To facilitate this process, rental property owners will be encouraged to voluntary register a contact phone number and contact person so notification can be made. Registration can be part of the business tax process. Owners who fail to register may not receive notice. Staff will search property tax, utility and will ask the complainant for contact information regarding the property owner. At the onset of the program, a mailer will go to rental property owners to solicit their registration. O Complaint or referral inspections will be limited to the unit(s) and specific code item for which the complaint or referral is received, or the specific portion of the common area(s) if the complaint or referral is regarding the common area. No inspection will be done of other areas unless the inspector notices obvious violations during the course of conducting the inspection. C When called to inspect compliance with previously noted violations the inspection shall be limited as above. Any new violations discovered in the subject areas shall be treated as separate and new violations. Any violations resulting from additional complaints or referrals on a unit or area already under a compliance action shall be treated as separate and new violations. Occupant Displacement Issue: An important issue considered by the Task Force is the potential for enforcement of the code to give rise to situations wherein a tenant or other occupant of a residence needs to be displaced to facilitate necessary repairs or to remove an occupant from an emergency health or safety situation. Discussion on this issue included the concept of the City paying for relocation of tenants when a property owner is unwilling to do so and potential resources and assistance from other agencies (County Housing Services). The Task Force considers this to be a serious issue but recognizes that a City relocation program would be complicated to develop and costly to implement, a task which cannot be contemplated within the timeframe and scope of the current work of the Task Force. However, the Task Force recognizes that there will be emergency situations wherein repairs could be effected or very short-term relocation could be provided by the City to, 14 remove an occupant from an emergency safety or health situation. Any funds expended by the City in. this manner could potentially be recovered as penalties resulting from enforcement of the code. Additionally, the Task Force believes that the City should establish a "relocation" plan in coordination with County Housing Services and other agencies. The consensus of the Task Force is that no full relocation program be explored, that staff establish a relocation plan with the County and other agencies and that a $10,000 emergency fund be established to provide for temporary housing and/or immediate repairs in emergency life-threatening situations. 15 Section 4: Recommendations The Task Force submits the following recommendations for the Community Housing Program to the City Council: • Adopt the proposed ordinance shown in Appendix °A" (includes use of existing Civil Infractions process) • Adopt the proposed resolution shown in Appendix "A° stipulating the program policies to be followed. • Hire 1 Housing Inspector (Inspector 1) in the Building Division and provide inspector with necessary materials and supplies (already in FY 98/99 budget) • Establish a relocation plan with the County and other agencies and appropriate a $10,000 emergency fund to provide for temporary housing and/or immediate repairs in emergency life-threatening situations. • Support all costs associated with the program from the general fund • Apply any fines collected from the Civil Infractions process to the general fund 16 Section 5: Final Statement The Community Housing Task Force met over twenty times during the past 14 months developing consensus on this report among stakeholders from the rental housing industry and tenant advocacy constituency. Representatives from the regulated industry and tenant advocates, with the exception of the su;.al care facility providers and state licensing regulators, stand in support of the program as recommended in this report and are committed to working with the Council and staff to ensure its effective implementation. Therefore, the Task Force submits this report n good faith that the City Council will recognize the value of the Task Force's consensus and will make a commitment toward the intent of the Task Force's recommendations. 17 APPENDIX A PROPOSED ORDINANCE AND RESOLUTION CITY OF TIGARD, OREGON ORDINANCE NO. 99-- URAFT AN ORDINANCE AMENDING TITLE 14 OF THE TIGARD MUNICIPAL CODE TO CREATE PROPERTY MAINTENANCE PROVISIONS STIPULATING MINIMUM STANDARDS FOR HOUSING, AMENDING THE DANGEROUS BUILDING CODE AND ADDING PROVISIONS FOR DERELICT STRUCTURES. WHEREAS, in July 1997, the Tigard City Council formed the Community Housing Task Force to address growing community concern regarding the deterioration of some of the existing housing stock in Tigard and the desire to mitigate deterioration and prevent it from increasing in the community; and WHEREAS, the Task Force was comprised of individuals representing the various stakeholders involved in this issue; and WHEREAS, the Task Force has reached consensus that a property maintenance (housing) code should be adopted in Tigard to establish minimum standards for safety, health, sanitation and habitability in Tigard residences and that the code shown in Exhibit "A" provides reasonable standards; and WHEREAS, the Task Force has reached consensus that, in the interest of equity, the property maintenance code shall apply to all residences in Tigard; and WHEREAS, the Tigard City Council has reviewed the report of the Task Force on January 19, 1999 and February 9, 1999; and WHEREAS, the Tigard City Council concurs with the recommendation of the Task Force regarding the adoption of a property maintenance code which applies to all residences in Tigard; and WHEREAS, the Tigard City Council believes that the Property Maintenance Code shown in Exhibit "A" will provide reasonable standards toward mitigating the deterioration of housing in Tigard; and WHEREAS, Title 14 of the Tigard Municipal Code contains provision for dangerous buildings; and WHEREAS, the Tigard City Council wishes to maintain provisions for dangerous buildings by incorporating them into the Property Maintenance Code; and WHEREAS, the Tigard City Council wishes to mitigate and abate the negative community effects of derelict structures; and WHEREAS, the Property Maintenance Code shown in Exhibit "A" contains provisions which will allow the City to mitigate and abate the negative community effects of derelict structures; ORDINANCE No. 99- Page 1 NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. Chapter 16 of Title 14 of the Tigard Municipal Code is amended by replacing it in its entirety with the Chapter 16 shown as Exhibit "A." PASSED: By vote of all Council members present after being read by number and title only, this day of , 1999. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this _ day of , 1999. James Nicoh, Mayor Approved as to form: City Attorney Date Ndty►idtV9dtfdoc ORDINANCE No. 99- Page 2 EXHIBIT "A" TO ORDINANCE NO. 99- Chapter 14.16 PROPERTY MAINTENANCE REGULATIONS Sections: PART 1 - GENERAL 14.16.010 Chapter Title. 14.16.020 Purpose. 14.16.030 Scope. 14.16.040 Application of Titles 14 and 18. 14.1.6.050 Use of Summary Headings. 14.16.060 Definitions, Generally. 14.16.070 Definitions. PART 2 - STANDARDS 14.16.080 Housing Maintenance Requirements, Generally. 14.16.090 Display of Address Number. 14.16.100 Accessory Structures. 14.16.110 Roofs. 14.16.120 Chimneys. 14.16.130 Foundations and Structural Members. 14.16.140 Exterior Walls and Exposed Surfaces. 14.16.150 Stairs and Porches. 14.16.160 Handrails and Guardrails. 14.16.170 Windows. 14.16.180 Doors. 14.16.190 Interior Walls, Floors, and Ceilings. 14.16.200 Interior Dampness. 14.16.210 Insect and Rodent Harborage. 14.16.220 Cleanliness and Sanitation. 14.16.230 Bathroom Facilities. 14.16.240 Kitchen Facilities. 14.16.250 Plumbing Facilities. 14.16.260 Heating Equipment and Facilities. 14.16.270 Electric System, Outlets, and Lighting. 14.16.280 Sleeping Room Requirements. 14.16.290 Overcrowding. 14.16.300 Emergency Exits. 14.16.310 Smoke Alarms and Detectors. 14.16.320 Hazardous Materials. 14.16.330 Maintenance of Facilities and Equipment. 14.16.340 Swimming Pool Enclosures. 14.16.350 Special Standards for Single-Room Occupancy Dousing Units. PART 3 - DANGEROUS & DERELICT STRUCTURES 14.16.360 Dangerous and Derelict Structures, Generally. 14.16.370 Derelict Structures. 14.16.380 Dangerous Structures. PART 4 - ENFORCEMENT 14.16.385 Notice of Status as Derelict or Dangerous Structure. 14.16.390 Statement of Actions Required. 14.16.400 Notice of Unsafe Occupancy. 14.16.410 Abatement of Dangerous Structures. 14.16.420 Inspections Required, Right of Entry. 14.16.430 Fee-paid Inspections for Residential Structures. 14.16.440 Occupancy of Residential Property After Notice of Violation. 14.16.450 Illegal Residential Occupancy. 14.16.460 Interference with Repair, Demolition, or Abatement Prohibited. 14.16.470 Violations. BART 1 - GENERAL. 14.16.010 Chapter Title. This Chapter shall be known as "Property Maintenance Regulations," and is referred to herein as "this Chapter." 14.16.020 Purpose. The purpose of this Chapter is to protect the health, safety and welfare of Tigard citizens, to prevent deterioration of existing housing, and to contribute to vital neighborhoods by: 1. Establishing and enforcing minimum standards for residential structures regarding basic equipment, facilities, sanitation, fire safety, and maintenance. 2. Regulating and abating dangerous and derelict buildings. 14.16.030 Scope, Conflict with State Law. This provisions of this Chapter shall apply to all property in the City except as otherwise excluded by law; however, the provisions of this Chapter do not apply to Group "I" occupancies as classified by the Oregon Structural Specialty Code. In the event that a provision of this Chapter conflicts with a licensing requirement of the Oregon State Department of Human Resources, the state licensing requirements shall be followed. In areas where the Oregon State Department of Human Resources does not regulate through its licensing process, the provisions of this Chapter shall apply. 14.16.040 Application of Titles 14 and 18. Any alterations to buildings, or changes of their use, which may be a result of the enforcement of this Chapter shall be done in accordance with applicable Sections of Title 14 (Buildings and Construction) and Title 18 (Zoning) of the Code of the City of Tigard. 14.16.050 Use of Summary Headings. This Chapter makes use of summary headings (in bold face type) on chapters, sections, and subsections to assist the reader in navigating the document. In the event of a conflict in meaning between the bold heading and the following plain text, the meaning of the plain text shall apply. 14.16.060 Definitions, Generally. For the purpose of this Chapter, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this Chapter. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. "And" indicates that all connected items or provisions apply. "Or" indicates that the connected items or provisions may apply singly or in combination. Terms, words, phrases and their derivatives used, but not specifically defined in this Chapter, either shall have the meanings defined in Titles 14 or 18, or if not defined, shall have their commonly accepted meanings. If a conflict exists between a definition in Title 14 and 18, the definitions in this Chapter shall apply to actions taken pursuant to this Chapter. 14.16.070 Definitions. The definition of words with specific meaning in this Chapter are as follows: 1. Abatement of a nuisance. The act of removing, repairing, or taking other steps as may be necessary in order to remove a nuisance. 2. Accessory Structure. Any structure not intended for human occupancy which is located on residential property. Accessory structures may be attached to or detached from the residential structure. Examples of accessory structures include: garages, carports, sheds, and other non-dwelling buildings; decks, awnings, heat pumps, fences, trellises, flag poles, tanks, towers, exterior stairs and walkways, and other exterior structures on the property. 3. Apartment House. See Dwelling Classifications. 4. Approved. Meets the standards set forth by applicable provisions of the Tigard City Code including any applicable regulations for electric, plumbing, building, or other sets of standards included by reference in this Chapter. 5. Basement. The usable portion of a building which is below the main entrance story and is partly or completely below grade. 6. Boarded. Secured against entry by apparatus which is visible off the premises and is not both lawful and customary to install on occupied structures. 7. Building. Any structure used or intended to be used for supporting or sheltering any use or occupancy. 8. Building, Existing. A building constructed and legally occupied prior to the adoption of this Chapter, and one for which a building permit has been lawfully issued and has not been revoked or lapsed due to inactivity. 9. Building Official. The Building Official, or authorized representative, charged with the enforcement and administration of this Chapter. 10. Ceiling Height. The clear distance between the floor and the ceiling directly above it. 11. Court. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building. 12. Dangerous Building. See Dangerous Structure. 13. Dangerous Structure. Any structure which has any of the conditions or defects described in Section 14.16.380. 14. Derelict Building. Any structure which has any of the conditions or defects described in Section 14.16.370(A) 15. Duplex. See Dwelling Classifications, "Two-Family Dwelling." 16. Dwelling. Any structure containing dwelling units, including all dwelling classifications covered by this Chapter. 17. Dwelling Classifications. Types of dwellings covered by this Chapter include: a. Accessory Dwelling Unit. An additional dwelling unit within a detached single- family dwelling, subject to the provisions of Title 18. b. Single-Family Dwelling. A structure containing one dwelling unit, including adult foster care homes. c. Two-Family Dwelling. A structure containing two dwelling units, also known as a "duplex. " d. Apartment House. Any building or portion of a building containing three or more dwelling units, which is designed, built, rented, leased, let, or hired out to be occupied for residential living purposes. e. Hotel. Any structure containing dwelling units that are intended, designed, or used for renting or hiring out for sleeping purposes by residents on a daily, weekly, or monthly basis. f. Motel. For purposes of this Chapter, a motel shall be defined the same as a hotel. g. Single-Room Occupancy Housing Unit. A one-room dwelling unit in a hotel providing sleeping, cooking, and living facilities for one or two persons in which some or all sanitary or cooking facilities (toilet, lavatory, bathtub or shower, kitchen sink, or cooking equipment) may be shared with other dwelling units. h. Social Care Facilities. Any building or portion of a building , which is designed, built, rented, leased, let, hired out or otherwise occupied for group residential living purposes, which is not an apartment house, single-family dwelling or two-family dwelling. Such facilities include but are not limited to, retirement facilities, assisted living facilities, residential care facilities, half-way houses, youth shelters, homeless shelters and other group living residential facilities. L Manufactured Dwelling. The term "manufactured dwelling" includes the following types of single-family dwellings: (1) Residential Trailer. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed before January 1, 1962. (2) Mobile Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction. (3) Manufactured Home. A structure constructed for movement on the public highways that has sleeping, cooking, and plumbing facilities, that is intended for human occupancy, that is being used for, or is intended to be used for, residential purposes, and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations. Manufactured Dwelling does not include any unit identified as a recreational vehicle by the manufacturer. 18. Dwelling Unit. One or more habitable rooms that are occupied by, or in the case of an unoccupied structure or portion of a structure, are designed or intended to be occupied by, one person or by a family or group living together as a single housekeeping unit that includes facilities for living and sleeping and, unless exempted by this Chapter in Sections 14.16.230 and 14.16.240, also includes facilities for cooking, eating, and sanitation. 19. Exit. (Means of Egress.) A continuous, unobstructed means of escape to a public way, as defined in the building code in effect in the City. 20. Exterior Property Area. The sections of residential property which are outside the exterior walls and roof of the dwelling. 21. Extermination. The elimination of insects, rodents, vermin or other pests at or about the affected building. 22. Floor Area. The area of clear floor space in a room exclusive of fixed or built-in cabinets or appliances. 23. Habitable Room (Space). Habitable room or space is a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space. 24. Hazardous Materials. Materials defined by the current fire code adopted by the Tualatin Valley Fire and Rescue District as hazardous. 25. Hotel. See Dwelling Classifications. 26. Human Habitation. The use of any residential structure or portion of the structure in which any person remains for continuous periods of two hours or more or for periods which will amount to four or more hours out of 24 hours in one day. 27. Immediate Danger. Any condition posing a direct immediate threat to human life, health, or safety. 28. Infestation. The presence within or around a dwelling of insects, rodents, vermin or other pests to a degree that is harmful to the dwelling or its occupants. 29. Inspection. The examination of a property by a person authorized by law for the purpose of evaluating its condition as provided by this Chapter. 30. Inspector. An authorized representative of the Building Official whose primary function is the inspection of properties and the enforcement of this Chapter. 31. Interested Party. Any person or entity that possesses any legal or equitable interest of record in a property including but not limited to the holder of any lien or encumbrance of record on the property. 32. Kitchen. A.room used or designed to be used for the preparation of food. 33. Lavatory. A fixed wash basin connected to hot and cold running water and the building drain and used primarily for personal hygiene. 34. Maintenance. The work of keeping property in proper condition to perpetuate its use. 35. Manufactured Dwelling. See Dwelling Classifications. 36. Motel. See Dwelling Classifications. 37. Occupancy. The lawful purpose for which a building or part of a building is used or intended to be used. 38. Occupant. Any person (including an owner or operator) using a building, or any part of a building, for its lawful, intended use. 39. Occupied. Used for an occupancy. 40. Operator. Any person who has charge, care or control of a building or part of a building in which dwelling units are let or offered for occupancy. 41. Outdoor area. All parts of property that are exposed to the weather including the exterior of structures built for human occupancy. This includes, but is not limited to; open and accessible porches, carports, garages, and decks; accessory structures, and any outdoor storage structure. 42. Owner. The person whose name and address is listed as the owner of the property by the County Tax Assessor in the County Assessment and Taxation records. 43. Plumbing or Plumbing Fixtures. Plumbing or plumbing fixtures mean any water heating facilities, water pipes, vent pipes, garbage or disposal units, waste lavatories, bathtubs, shower baths, installed clothes-washing machines or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with all connection to water, gas, sewer, or vent lines. 44. Property. Real property and all improvements or structures on real property, from property line to property line. 45. Public right of way. Any sidewalk, planting strip, alley, street, or pathway, improved or unimproved, that is dedicated to public use. 46. Repair. The reconstruction or renewal of any part of an existing structure for the purpose of its maintenance. 47. Resident. Any person (including owner or operator) hiring or occupying a room or dwelling unit for living or sleeping purposes. 48. Residential Property. Real property and all improvements or structures on real property used or in the case of unoccupied property intended to be used for residential purposes including any residential structure, dwelling, or dwelling unit as defined in this chapter { and any mixed-use structures which have one or more dwelling units. Hotels that are used i exclusively for transient occupancy, as defined in this Chapter, are excluded from this + definition of residential property. , 49. Residential Rental Property. Any property within the City on which exist one or more dwelling units which are not occupied as the principal residence of the owner. 50. Residential Structure. Any building or other improvement or structure containing one or more dwelling units as well as any accessory structure. This includes any dwelling as defined in this Chapter. 51. Shall. As used in this Chapter, is mandatory. R" 52. Single-Family Dwelling. See Dwelling Classifications. 53. Single-Room Occupancy Housing Unit. See Dwelling Classifications. 54. Sink. A fixed basin connected to hot and cold running water and a drainage system and primarily used for the preparation of food and the washing of cooking and eating utensils. 55. Sleeping Room. Any room designed, built, or intended to be used as a bedroom as well as any other room used for sleeping purposes. 56. Smoke Alarm or Detector. An approved detection device for products of combustion other than heat that is either a single station device or intended for use in conjunction with a central control panel and which plainly identifies the testing agency that inspected or approved the device. 57. Structure. That which is built or constructed, an edifice or building of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner, including but not limited to buildings. 58. Substandard. In violation of any of the minimum requirements as set out in this Chapter. 59. Supplied. Installed, furnished or provided by the owner or operator. 60. Swimming Pool. An artificial basin, chamber, or tank constructed of impervious material, having a depth of 18 inches or more, and used or intended to be used for swimming, diving, or recreational bathing. 61. Toilet. A flushable plumbing fixture connected to running water and a drainage system and used for the disposal of human waste. 62. Toilet Compartment. A room containing only a toilet or only a toilet and lavatory. 63. Transient Occupancy. Occupancy of a dwelling unit in a hotel where the following conditions are met: a. Occupancy is charged on a daily basis and is not collected more than six days in advance; b. The lodging operator provides maid and linen service daily or every two days as part of the regularly charged cost of occupancy; c. The period of occupancy does not exceed 30 days; and d. If the occupancy exceeds five days, the resident has a business address or a residence other than at the hotel. 64. Two Dwelling. See Dwelling Classifications. 65. Unoccupied. Not used for occupancy. 66. Unsecured. Any structure in which doors, windows, or apertures are open or broken so as to allow access by unauthorized persons. 67. Yard. An open, unoccupied space, other than a court, unobstructed from the ground to the sky, and located between a structure and the property line of the lot on which the structure is situated. PART 2 - STANDARDS 14.16.080 Housing Maintenance Requirements, Generally. No owner shall maintain or permit to be maintained any residential property which does not comply with the requirements of this Chapter. All residential property shall be maintained to the building code requirements in effect at the time of construction, alteration, or repair and shall meet the minimum requirements described in this chapter. 14.16.090 Display of Address Number. Address numbers posted shall be the same as the number listed on the County Assessment and Taxation Records for the property. All dwellings shall have address numbers posted in a conspicuous place so they may be read from the listed street or public way. Units within apartment houses shall be clearly numbered or lettered. 14.16.100 Accessory Structures. All accessory structures on residential property shall be maintained structurally safe and sound and in good repair. Exterior steps and walkways shall be maintained free of unsafe obstructions or hazardous conditions. 14.16.110 Roofs. The roof shall be structurally sound, tight, and have no defects which might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building and shall channel rainwater into approved receivers. 14.16.120 Chimneys. Every masonry, metal, or other chimney shall remain adequately supported and free from obstructions and shall be maintained in a condition which ensures there will be no leakage or back- up of noxious gases. Every chimney shall be reasonably plumb. Loose bricks or blocks shall be rebonded. Loose or missing mortar shall be replaced. Unused openings into the interior of the structure must be permanently sealed using approved materials. 14.16.130 Foundations and Structural Members. A. Foundation elements shall adequately support the building and shall be free of rot, crumbling elements, or similar deterioration. B. The supporting structural members in every dwelling shall be maintained structurally sound, showing no evidence of deterioration or decay which would substantially impair their ability to carry imposed loads. 14.16.140 Exterior Walls and Exposed Surfaces. A. Every exterior wall and weather-exposed exterior surface or attachment shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or the occupied spaces of the building. B. All exterior wood surfaces shall be made substantially impervious to the adverse effects of weather by periodic application of an approved protective coating of weather-resistant preservative, and be maintained in good condition. Wood used in construction of permanent structures and located nearer than six inches to earth shall be treated wood or wood having a natural resistance to decay. C. Exterior metal surfaces shall be protected from rust and corrosion. D. Every section of exterior brick, stone, masonry, or other veneer shall be maintained structurally sound and be adequately supported and tied back to its supporting structure. 14.16.150 Stairs and Porches. Every stair, porch, and attachment to stairs or porches shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair, including replacement as necessary of flooring, treads, risers, and stringers that evidence excessive wear and are broken, warped, or loose. 14.16.160 Handrails and Guardrails. Every handrail and guardrail shall be firmly fastened, and shall be maintained in good condition, capable of supporting the loads to which it is subjected, and meet the following requirements: . 1. Handrails and guardrails required by building codes at the time of construction shall be maintained or, if removed, shall be replaced. 2. Where not otherwise required by original building codes, exterior stairs of more than three risers which are designed and intended to be used as part of the regular access to the swelling unit shall have handrails. Interior stairs of more than three risers that connect between floors with habitable rooms shall have handrails. When required handrails are installed they shall have a minimum height of 30 inches and maximum height of 38 inches, measured vertically from the nosing of the treads. They shall be continuous the full length of the stairs and shall be returned or shall terminate in newel posts or safety terminals. 3. Where not otherwise required by original building codes, porches, balconies or raised floor surfaces located more than 30 inches above the floor or grade below shall have guardrails at least 36 inches high. Open sides of stairs with a total rise of more than 30 inches above the floor or grade below shall have guardrails no less than 34 inches in height measured vertically from the nosing of the tread. When required guardrails are installed, they shall have intermediate rails or ornamental closures which will not allow passage of an object 4 inches or more in diameter. 14.16.170 Windows. A. Every habitable room shall have at least one window facing directly to an exterior yard or court or shall be provided with approved artificial light. Except where approved artificial light is provided, the minimum total glass area for each habitable room shall be 6.8 percent of the room's floor area, except for basement rooms where the minimum shall be 5 percent. These exceptions to the current code shall not apply where any occupancy has been changed or increased contrary to the provisions of this Chapter. B. Every habitable room shall have at least one window that can be easily opened or another approved device to adequately ventilate the room. Except where another approved ventilation device is provided, the total openable window area in every habitable room shall be equal to at least one-fortieth of the area of the room. Windows required for secondary escape purposes in sleeping rooms must also meet the requirements outlined in Subsection 14.16.170(D). C. Every bathroom and toilet compartment shall comply with the light and ventilation requirements for habitable rooms as required by Subsections 14.16.170(A) and (B), except that no window shall be required in bathrooms or toilet compartments equipped with an approved ventilation system. D. Windows in sleeping rooms that are provided to meet emergency escape or rescue requirements described in Section 14.16.300(A) shall have a sill height of no more than 44 inches above the floor or above an approved, permanently installed step. The step must not exceed 12 inches in height and must extend the full width of the window. The top surface of the step must be a minimum of six feet from the ceiling above the step. E. Windows in sleeping rooms that are provided to meet emergency escape or rescue requirements described in Section 14.16.300(A) shall have a minimum net clear opening at least 20 inches wide, at least 22 inches high, and, if constructed after July 1, 1974, at least five square feet in area. F. Every window required for ventilation or emergency escape shall be capable of being easily opened and held open by window hardware. Any installed storm windows on windows required for emergency escape must be easily openable from the inside without the use of a key or special knowledge or effort. G. All windows within 10 feet of the exterior grade that open must be able to be securely latched from the inside as well as be openable from the inside without the use of a key or any special knowledge or effort. This same requirement shall apply to all openable windows that face other locations that are easily accessible from the outside, such as balconies or fire escapes, regardless of height from the exterior grade. H. Every window shall be substantially weather-tight, shall be kept in sound condition and repair for its intended use, and shall comply with the following: 1. Every window sash shall be fully supplied with glass window panes or an approved substitute without open cracks and holes. 2. Every window sash shall be in good condition and fit weather-tight within its frames. 3. Every window frame shall be constructed and maintained in relation to the adjacent wall construction so as to exclude rain as completely as possible and to substantially exclude wind from entering the dwelling. 14.16.180 Doors. A. Every dwelling or dwelling unit shall have at least one door leading to an exterior yard or court, or in the case of a two-family dwelling or apartment, to an exterior yard or court or to an approved exit. All such doors shall be openable from the inside without the use of a key or any special knowledge or effort. All screen doors and storm doors must be easily openable from the inside without the use of a key or special knowledge or effort. B. In hotels and apartment houses, exit doors in common corridors or other common passageways shall be openable from the inside with one hand in a single motion, such as pressing a bar or turning a knob, without the use of a key or any special knowledge or effort. C. Every door to the exterior of a dwelling unit shall be equipped with a lock designed to discourage unwanted entry and to permit opening from the inside without the use of a key or any special knowledge or effort. D. Every exterior door shall comply with the following: 1. Every exterior door, door hinge, door lock, and strike plate shall be maintained in good condition. 2. Every exterior door when closed, shall fit reasonably well within its frame and be weather-tight. 3. Every door frame shall be constructed and maintained in relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling. E. Every interior door and door frame shall be maintained in a sound condition for its intended purpose with the door fitting within the door frame. 14.16.190 Interior Walls, Floors, and Ceilings. A. Every interior wall, floor, ceiling, and cabinet shall be constructed and maintained in a safe and structurally sound condition, free of large holes and serious cracks, loose plaster or wallpaper, flaking or scaling paint, to permit the interior wall, floor, ceiling and cabinet to be kept in a clean and sanitary condition. B. Every toilet compartment, bathroom, and kitchen floor surface shall be constructed and maintained to be substantially impervious to water and to permit the floor to be kept in a clean and sanitary condition. 14.16.200 Interior Dampness. Every dwelling, including basements, and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay, mold growth, or deterioration of the structure. 14.16.210 Insect and Rodent Harborage. Every dwelling shall be kept free from insect and rodent infestation, and where insects and rodents are found, they shall be promptly exterminated. After extermination, proper precautions shall be taken to prevent reinfestation. 14.16.220 Cleanliness and Sanitation. The interior of every dwelling shall be constructed in a safe and structurally sound condition to permit the interior to be maintained in a clear, and sanitary condition. The interior of every dwelling shall be free from accumulation of rubbish or garbage which is affording a breeding ground for insects and rodents, producing dangerous or offensive gases, odors and bacteria, or other unsanitary conditions, or a fire hazard. i 14.16.230 Bathroom Facilities. A. Except as otherwise noted in this Section, every dwelling unit shall contain within its walls ~Ml Mill in safe and sanitary working condition: 1. A toilet located in a room that is separate from the habitable rooms and that allows privacy; 2. A lavatory basin; and 3. A bathtub or shower located in a room that allows privacy. B. In hotels, apartment houses and social care facilities where private toilets, lavatories, or baths are not provided, there shall be on each floor at least one toilet, one lavatory, and one bathtub or shower each provided at the rate of one for every twelve residents or fraction of twelve residents. Required toilets, bathtubs, and showers shall be in a room, or rooms, that allow privacy. C. When there are practical difficulties involved in carrying out the provisions of this section for hotels, apartment houses and social care facilities where private toilets, lavatories or baths are not provided, the building official may grant modifications for individual cases. The building official shall first find that a special and individual reason makes the requirements of this section impractical and that the modification is in conformance with the intent of this section and that such modification does not result in the provision of inadequate bathroom facilities in the dwelling. 14.16.240 Kitchen Facilities. A. Every dwelling unit shall contain a kitchen sink apart from the lavatory basin required under Section 14.16.230, with the exception of single-room occupancy housing units which shall comply with Subsection 14.16.350(B) and social care facilities complying with Subsection 14.16.240(C). B. Except as otherwise provided for in Subsections 14.16.240(C) and 14.16.350(B) and (C), every dwelling unit shall have approved service connections for refrigeration and cooking appliances. C. Social care facilities may be provided with a community kitchen with facilities for cooking, refrigeration, and washing utensils. 14.16.250 Plumbing Facilities. A. Every plumbing fixture or device shall be properly connected to a public or an approved private water system and to a public or an approved private sewer system. B. All required sinks, lavatory basins, bathtubs and showers shall be supplied with both hot and cold running water. Every dwelling shall be supplied with water heating facilities adequate for each dwelling unit which are installed in an approved manner, properly maintained, and properly connected with hot water lines to all required sinks, lavatory basins, bathtubs and showers. Water heating facilities shall be capable of heating water enough to permit an adequate amount of water to be drawn at every required facility at a temperature of at least 120 degrees at any time needed. C. In every dwelling all plumbing or plumbing fixtures shall be: 1. Properly installed, connected, and maintained in good working order; 2. Kept free from obstructions, leaks, and defects; 3. Capable of performing the function for which they are designed; and 4. Installed and maintained so-as to prevent structural deterioration or health hazards. D. All plumbing repairs and installations shall be made in accordance with the provisions of the Plumbing Code adopted by the City. 14.16.260 Keating Equipment and Facilities. A. All heating equipment, including that used for cooking, water heating, dwelling heat, and clothes drying shall be: 1. Properly installed, connected, and maintained in safe condition and good working order, 2. Free from leaks and obstructions and kept functioning properly so as to be free from fire, health, and accident hazards; and 3. Capable of performing the function for which they are designed. B. Every dwelling shall have a heating facility capable of maintaining a room temperature of 68 degrees Fahrenheit at a point 3 feet from the floor in all habitable rooms. 1. Portable heating devices may not be used to meet the dwelling heat requirements of this Chapter. 2. No inverted or open flame fuel burning heater shall be permitted. All heating devices or appliances shall be of an approved type. N 14.16.270 Electrical System, Outlets, and Lighting. A. Every dwelling shall be connected to an approved source of electric power. Every electric outlet and fixture shall be maintained and safely connected to an approved electrical system. The electrical system shall not constitute a hazard to the occupants of the building by reason of inadequate service, improper fusing, improper wiring or installation, deterioration or damage, or similar reasons. B. In addition to other electrical system components that may be used to meet cooking, refrigeration, and heating requirements listed elsewhere in this Chapter, the following outlets and lighting fixtures are required: 1. Every habitable room shall contain at least two operable electric outlets or one outlet and one operable electric light fixture. 2. Every toilet compartment or bathroom shall contain at least one supplied and operable electric light fixture and one outlet. Every laundry, furnace room, and all similar non- habitable spaces located in a dwelling shall have one supplied electric light fixture available at all times. 3. Every public hallway, corridor, and stairway in apartment houses, hotels and social care facilities shall be adequately lighted at all times with an average intensity of illumination of at least one foot candle at principal points such as angles and intersections of corridors and passageways, stairways, landings of stairways, landings of stairs and exit doorways, and at least 1/2-foot candle at other points. Measurement of illumination shall be taken at points not more than 4 feet above the floor. 14.16.250 Sleeping Room Requirements. Every room used for sleeping purposes: 1. Shall be a habitable room as defined in this Chapter; and 2. Shall have natural or approved artificial light, ventilation, and windows or other means for escape purposes as required by this Chapter. 14.16.290 Overcrowding. No dwelling unit shall be permitted to be overcrowded. A dwelling unit shall be considered overcrowded if there are more residents than one plus one additional resident for every ISO square feet of floor area of the habitable rooms in the dwelling unit. 14.16.300 Emergency Exits. A. Every sleeping room shall have at least one operable window or exterior door approved for emergency escape or rescue that is openable from the inside to a full clear opening without the use of special knowledge, effort, or separate tools. Windows used to meet this requirement shall meet the size and sill height requirements described in 14.16.170(D). All below grade windows used to meet this requirement shall have a window well the full width of the window, constructed of permanent materials with a 3 foot clearance measured perpendicular to the outside wall. The bottom of the well may not be more than 44 inches below grade. B. Required exit doors and other exits shall be free of encumbrances or obstructions that block access to the exit. C. All doorways, windows and any device used in connection with the means of escape shall be maintained in good working order and repair. D. In addition to other exit requirements, in hotels and apartment houses: 1. All fire escapes shall be kept in good order and repair. 2. Every fire escape or stairway, stair platform, corridor or passageway which may be one of the regular means of emergency exit from the building shall be kept free of encumbrances or obstructions of any kind. 3. Where doors to stair enclosures are required by City code to be self-closing, the self closing device shall be maintained in good working order and it shall be unlawful to wedge or prop the doors open. 4. Windows leading to fire escapes shall be secured against unwanted entry with approved devices which permit opening from the inside without the use of a key or any special knowledge, effort or tool. 5. Where necessary to indicate the direction of egress, every apartment house and hotel shall have directional signs in place, visible throughout common passageways, that indicate the way to exit doors and fire escapes. Emergency exit doors and windows shall be clearly labeled for their intended use. 14.16.310 Smoke Alarms and Detectors. Smoke alarms and detectors shall be required to be maintained as was required at the time of construction of the dwelling. Notwithstanding the provisions of the requirement at the time of construction, a single station smoke alarm or detector shall be located in all buildings where a room or area therein is designated for sleeping purposes either as a primary use or use on a casual basis. A single station smoke alarm or detector shall be installed in the immediate vicinity of the sleeping rooms and on each additional story of the dwelling, including basements and attics with habitable space. All alarms and detectors shall be approved, shall comply with all applicable laws, shall be installed in accordance with the manufacturer's instructions and shall be operable. 14.16.320 hazardous Materials. A. When paint is applied to any surface of a residential structure, it shall be lead-free. E. Residential property shall be free of dangerous levels of hazardous materials, contamination by toxic chemicals, or other circumstances that would render the property unsafe. C. No residential property shall be used as a place for the storage and handling of highly combustible or explosive materials or any articles which may be dangerous or detrimental to life or health. No residential property shall be used for the storage or sale of paints, varnishes or oils used in the making of paints and varnishes, except as needed to maintain the dwelling. D. Residential property shall be kept free of friable asbestos. 14.16.330 Maintenance of Facilities and Equipment. In addition to other requirements for the maintenance of facilities and equipment described in this Chapter: 1. All required facilities in every dwelling shall be constructed and maintained to properly and safely perform their intended function. 2. All non-required facilities or equipment present in a dwelling shall be maintained to prevent structural damage to the building or hazards of health, sanitation, or fire. 14.16.340 Swimming Pool Enclosures. Each swimming pool not totally enclosed by a structure shall be enclosed by a substantial fence at least 4 feet in height and equipped with a self-closing and latching gate except where bordered by a wall of an adjacent structure at least 4 feet in height. No swimming pool shall be nearer than 3 feet from any lot line, and no enclosing fence or wall shall be constructed nearer than 3 feet to the outer walls of the swimming pool, but in no case shall the distance between the pool and the lot line or wall be closer than allowed by Title 18. The lot line shall be as defined in Title 18 of City code. 14.16.350 Special Standards for Single-Room Occupancy Housing Units. In addition to meeting requirements for residential structures defined elsewhere in this Chapter, hotels containing single-room occupancy housing units shall comply with the following: 1. Either a community kitchen with facilities for cooking, refrigeration, and washing utensils shall be provided on each floor, or each individual single-room occupancy housing unit shall have facilities for cooking, refrigeration and washing utensils. In addition, facilities for community garbage storage or disposal shall be provided on each floor. 2. When there are practical difficulties involved in carrying out the provisions of this sub- section where each individual single-room occupancy housing unit is not provided with facilities for cooking, refrigeration and washing utensils, the building official may grant modifications for individual cases. The building official shall first find that a special and individual reason makes the requirements of this section impractical and that the modification is in conformance with the intent of this section and that such modification does not result in the provision of inadequate cooking, refrigeration and utensil washing facilities for the single-room occupancy housing units. 3. Where cooking units are provided in individual single-room occupancy housing units, they shall conform to the requirements set forth below. a. All appliances shall be hard-wired and on separate circuits or have single dedicated connections; b. All cooking appliances shall be fixed and permanent, except microwave ovens; c. The Mechanical Specialty Code, as adopted by Chapter 14.04 shall be used for setting standards for cooking appliances. Cabinets over cooking surfaces shall be 30 inches above the cooking surface, except that this distance may be reduced to 24 inches when a heat shield with 1 inch airspace and extending at least 6 inches horizontally on either side of the cooking appliance is provided. Cooking. appliances shall be located with at least a 6-inch clear space in all directions from the perimeter of the cooking element or burner; d. All cooking appliances shall be installed so as to provide a minimum clear work space in front of the appliance of 24 inches. PART 3 - DANGEROUS & DERELICT STRUCTURES 14.16.360 Dangerous and Derelict Structures, Generally. No property shall contain any dangerous or derelict structure as described in this chapter. All such buildings or structures shall be repaired or demolished. 14.16.370 Derelict Structures. A. A derelict structure is any unoccupied non-residential building, structure, or portion thereof that meets any of the following criteria or any residential building which is at least 50% unoccupied and meets any of the following criteria: 1. Has been ordered vacated by the Building Official pursuant to Chapter 1.16 and Section 14.16.385, 14.16.390 and 14.16.400; or, 2. Has been issued a notice of infraction by the Code Enforcement Officer pursuant to Section 1.16.120; or, 3. Is unsecured; or, 4. Is boarded unless the boarding is required by the Building Official; or, 5. Has, while vacant, had a nuisance declared by the City on the property upon which it is located. B. Any property which has been declared by the Building Official to include a derelict structure shall be considered in violation of this Chapter until: 1. The structure has been lawfully occupied; or, 2. The structure has been demolished and the lot cleared and graded after approval is issued by the City, with final inspection and approval by the Building Official, or, 3. The owner has demonstrated to the satisfaction of the Building Official that the property is free of all conditions causing its status as a derelict structure. 14.16.380 Dangerous Structures. A. Any structure which has any or all of the following conditions or defects to the extent that life, health, property, or safety of the public or the structure's occupants are endangered, shall be deemed to be a dangerous structure, declared a nuisance, and such condition or defects shall be abated pursuant to Section 14.16.410 and Chapter 1.16 of the City Code. B. High loads. Whenever the stress in any materials, member, or portion of a structure, due to all dead and live loads, is more than 1-1/2 times the working stress or stresses allowed in Chapter 14.04 for new buildings of similar structure, purpose, or location. C. Weakened or unstable structural members or appendages. 1. Whenever any portion of a structure has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability is materially less than it was before such catastrophe and is less than the minimum requirements of Chapter 14.04 for new buildings of similar structure, purpose, or location; or 2. Whenever appendages including parapet walls, cornices, spires, towers, tanks, statuaries, or other appendages or structural members which are supported by, attached to, or part of a building, and which are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in Chapter 14.04. D. Buckled or leaning walls, structural members. Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base. E. Vulnerability to earthquakes, high winds. 1. Whenever any portion of a structure is wrecked, warped, buckled, or has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction; or 2. Whenever any portion of a building, or any member, appurtenance, or ornamentation of the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in Chapter 14.04 for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in Chapter 14.04 for such buildings. F. Insufficient strength or fire resistance. Whenever any structure which, whether or not erected in accordance with all applicable laws and ordinances: 1. Has in any non-supporting part, member, or portion, less than 50 percent of the strength or the fire-resisting qualities or characteristics required by law for a newly constructed building of like area, height, and occupancy in the same location; or 2. ' Has in any supporting part, member, or portion less than 66 percent of the strength or the fire-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location. G. Risk of failure or collapse. 1. Whenever any portion or member or appurtenance thereof is likely to fail, or to become disabled or dislodged, or to collapse and thereby injure persons or damage property; or 2. Whenever the structure, or any portion thereof, is likely to partially or completely collapse as a result of any cause, including, but not limited to: a. Dilapidation, deterioration, or decay; b. Faulty construction; C. The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such structure; or d. The deterioration, decay, or inadequacy of its foundation. H. Excessive damage or deterioration. Whenever the structure exclusive of the foundation: 1. Shows 33 percent or more damage or deterioration of its supporting member or members; 2. 50 percent damage or deterioration of its non-supporting members; or 3. 50 percent damage or deterioration of its enclosing or outside wall coverings. I. Demolition remnants on site. Whenever any portion of a structure, including unfilled excavations, remains on a site for more than 30 days after the demolition or destruction of the structure; J. Fire hazard. Whenever any structure is a fire hazard as a result of any cause, including but not limited to: Dilapidated condition, deterioration, or damage; inadequate exits; lack of sufficient fire-resistive construction; or faulty electric wiring, gas connections, or heating apparatus. K. Other hazards to health, safety, or public welfare. 1. Whenever, for any reason, the structure, or any portion thereof, is manifestly unsafe for the purpose for which it is lawfully constructed or currently is being used; or 2. Whenever a structure is structurally unsafe or is otherwise hazardous to human life, including but not limited to whenever a structure constitutes a hazard to health, safety, or public welfare by reason of inadequate maintenance, dilapidation, unsanitary conditions, obsolescence, fire hazard, disaster, damage, or abandonment. L. Public nuisance. 1. Whenever any structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence; or 2. Whenever the structure has been so damaged by fire, wind, earthquake or flood or any other cause, or has become so dilapidated or deteriorated as to become: a. An attractive nuisance, or b. A harbor for vagrants or criminals. M. Chronic dereliction. Whenever a derelict structure, as defined in this Chapter, remains unoccupied for a period in excess of 6 months or period less than 6 months when the structure or portion thereof constitutes an attractive nuisance or hazard to the public. N. Violations of codes, laws. Whenever any structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such structure provided by the building regulations of this City, as specified in Chapter 14.04 or any law or ordinance of this State or City relating to the condition, location, or structure or buildings. PART 4 - ENFORCEMENT 14.16.385 Notice of Status as Derelict or Dangerous Structure. When the Building Official determines that a structure is a derelict or dangerous structure notice of infraction shall be given to the owner pursuant to City Code Chapter 1.16. Additional notice to other affected persons may be given at the discretion of the Building Official. In addition to the notice required by Chapter 1. 16, the Building Official shall give the statement of actions required to cure or remedy the condition and, if necessary, the order to vacate described in § 14.16.390 and 14.16.400. 14.16.390 Statement of Actions Required. A. Notice of the statement of action shall be given in conjunction with the notice of infraction pursuant to Chapter 1.16. B. The statement of the action required to cure or remedy a condition giving rise to classification of a structure as derelict or dangerous shall include the following: 1. If the building official has determined that the building or structure must be repaired, the statement shall require that all required permits be secured and the work physically commenced within such time from the date of the statement and completed within such time as the building official shall determine is reasonable under all of the circumstances. 2. If the building official has determined that the building or structure must be vacated, the statement shall order that the building or structure shall be vacated within a time certain from the date of the statement as determined by the building official to be reasonable. 3. If the building official has determined that (a) the building or structure is vacant, (b) that building or structure is structurally sound and does not present a fire hazard, and (c) the building or structure has presented or is likely to present a danger to individuals who may enter the building or structure even though they are unauthorized to do so, the statement shall require that the building or structure be secured against unauthorized entry by means which may include but are not limited to the boarding up of doors and windows. 4. If the building official has determined that the building or structure must be demolished, the statement shall order that the building be vacated within such time as the building official shall determine is reasonable from the date of the statement; that all required permits be secured from the date of the statement, and that the demolition be completed within such time as the building official shall determine is reasonable. 5. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official will order the building vacated and posted to prevent further occupancy until the work is completed, and may proceed to cause the work to be done and charge the costs thereof against the property or its owners. 14.16.400 Notice of Unsafe Occupancy. A. Posting Notice. In conjunction with an order to vacate, a notice shall be posted at or upon each exit of the building and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a violation of Chapter 14.16 of the City Code to occupy this building or to remove or deface this notice. Building Official City of Tigard B. Compliance. 1. Upon an order to vacate and the posting of an unsafe building notice, no person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. 2. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the building code ordinance, codified in Chapter 14.04 of this code. 14.16.410 Abatement of Dangerous Structures. All structures or portions thereof which are determined after inspection by the Building Official to be dangerous as defined in this Chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures specified herein. If the Building Official determines that a structure is dangerous, as defined by this Chapter, the Building Official may commence proceedings to cause the repair, vacation or demolition of the structure. 14.16.420 Inspections Required, Right of Entry. A. Inspections. All buildings, structures, or other improvements regulated by this Chapter and all construction work for which a permit is required shall be subject to inspection by the Building Official. B. Right of Entry. Whenever the Building Official has reasonable cause to suspect a violation of any provision of this Chapter exists or when necessary to investigate an application for or revocation of any approval under any of the procedures described in this title, the Building Official may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first obtaining the consent of the owner or person in control of the premises if other than the owner, or by obtaining a search warrant. C. Search Warrant. If consent cannot be obtained, the Building Official shall secure a search warrant from the City's municipal court before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. 14.16.430 Fee-paid Inspections for Residential Structures. Requested inspections that are not part of the City's code enforcement program will be made as soon as practical after payment to the Building Official of the fee specified by resolution of the City Council. 14.16.440 Occupancy of Residential Property After Notice of Violation. A. If a notice of violation of sections 14.16.080 through 14.16.350 or 14.16.360 through 14.16.380 has been issued, and if the affected dwelling unit(s) is or becomes vacant, it shall be unlawful to reoccupy or permit re-occupancy of the unit(s) for residential purposes until the necessary permits are obtained, corrections made, and permit inspection approvals given. B. Notwithstanding Subsection 14.16.440 (A), the Building Official may permit re-occupancy of the dwelling unit if in the Building Official's opinion, all fire and life safety hazards have been rectified. 14.16.450 Illegal Residential Occupancy. When a property has an illegal residential occupancy, including but not limited to occupancy of tents, campers, motor homes, recreational vehicles, or other structures or spaces not intended for permanent residential use or occupancy or spaces constructed or converted without permit, the use shall be abated or the structure brought into compliance with the present regulations for a building of the same occupancy. 14.16.460 Interference with Repair, Demolition, or Abatement Prohibited. It is unlawful for any person to obstruct, impede, or interfere with any person lawfully engaged in: 1. The work of repairing, vacating, warehousing, or demolishing any structure pursuant to the provisions of this Chapter; 2. The abatement of a nuisance pursuant to the provisions of this Chapter; or Chapter 1.16. 3. The performance of any necessary act preliminary to or incidental to such work as authorized by this Chapter or directed pursuant to it. 1 14.16.470 Violations. A. A violation of this Chapter shall constitute a Class 1 civil infraction, which shall be processed according to the procedures in the civil infractions ordinance, set out at Chapter 1.16 of this Code. B. Each violation of a separate provision of this Chapter shall constitute a separate infraction, and each day that a violation of this Chapter is committed or permitted to continue shall constitute a separate infraction. C. A finding of a violation of this Chapter shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition and not in lieu of any remedies available to the City. D. If a provision of this Chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this Chapter. i:/bldg/david/co=hous/council/fordl799.doc J CITY OF TIGARD, OREGON D F T RESOLUTION NO. 99- A RESOLUTION OF THE TIGARD CITY COUNCIL ESTABLISHING CITY POLICIES FOR THE ADMINISTRATION OF THE COMMUNITY HOUSING PROGRAM. WHEREAS, the Community Housing Task Force has recommended a property maintenance code containing minimum standards for safety, health, sanitation and habitability for all housing in Tigard; and WHEREAS, the code cannot specifically provide for the detailed enforcement and service policies and procedures for the program; and WHEREAS, the specific enforcement policies and procedures are as important to the effective implementation of the program as the substantive requirements of the ordinance; and WHEREAS, the Community Housing Task Force has reached consensus on a number of important program policies and procedures; and WHEREAS, the stakeholders represented by the Task Force support the code and program provided the recommended- policies and procedures are adopted; and WHEREAS, the Tigard City Council acknowledges that acceptance of the program by the stakeholders is vital to program success; and; WHEREAS, the Tigard City Council wishes to formalize its commitment to the success of the program by stipulating certain program policies and procedures by its own resolution; and WHEREAS, the policies and procedures recommended by the Task Force are reasonable and serve the Council's goals for the program; BE IT RESOLVED by the Tigard City Council that the program policies and procedures shown on Exhibit "A" be adopted. PASSED: This day of 1999. May-or - City of Tigard ATTEST: City Recorder - City o Tigard RESOLUTION NO. 99- i:~atywidaYes~z9#itCdoc Page 1 EXHIBIT "A" TO RESOLUTION 99- Community Housing Program Policies and Procedures - The following policies and procedures will be utilized: 1. The code will be enforced and inspections performed only when a complaint or referral is received. 2. Self-referral by inspectors is allowed when obvious violations are observed during the regular course of business (includes conducting an inspection or driving to and from inspections). 3. Anyone can complain or refer. Anonymous complaints will not be accepted. A complainant's name will be kept confidential to the extent allowed by the Oregon Public Records Law. 4. When a complaint or referral is received from a tenant or the tenant's representative regarding a non-owner occupied property, the City will ask the caller if they are being evicted. If they are, no inspection will be made until staff has contacted the owner or owner's representative. 5. When a complaint or referral is received from a tenant or the tenant's representative regarding a non-owner occupied property, staff will ask the caller if they have tried to resolve the issue with the landlord. If not, the City will not pursue the matter until the caller has tried to resolve the issue with the landlord (except for serious safety, health, habitability or sanitation issues). 6. When a complaint or referral is received from someone who is not the tenant or the tenant's representative the City will attempt to notify the property owner or authorized representative prior to performing an inspection. 7. If the tenant or tenant's representative has tried to resolve the issue with the landlord, the City will attempt to notify the property owner or authorized representative prior to performing an inspection. The owner will be given a chance to correct the problem and call in when corrections are made, within an agreed timeframe. Staff will then confirm this with the tenant or tenants representative. If confirmed, no inspection will be required. This "self certification" process will not be used for complaints regarding significant safety, health, habitability or sanitation issues. To facilitate this process, rental property owners will be encouraged to voluntary register a contact phone number and contact person so notification can be made. Registration can be part of the business tax process. Owners who fail to register may not receive notice. Staff will search property tax and utility records and will ask the complainant for contact information regarding the property owner. At the onset of the program, a mailer will go to rental property owners to solicit their registration. 8. Complaint or referral inspections will be limited to the unit(s) and specific code item for which the complaint or referral is received, or the specific portion of the common area(s) if the complaint or referral is regarding the common area. No inspection will be done of other areas unless the inspector notices obvious violations during the course of conducting the inspection. 9. When called to inspect compliance with previously noted violations the inspection shall be limited as above. Any new violations discovered in the subject areas shall be treated as separate and new violations. Any violations resulting from additional complaints or referrals on a unit or area already under a compliance action shall be treated as separate and new violations. COMPLAINT PROCESS Complaint received Close case NO omplainant I No Terminate Process Violations? provided? YES Contact owner, arrange insp. with owner/tenant YES s caller tenant or tenants rep? YES Is tenant being evicted? NO Is issue serious safety, sanitation or habitability YES issue? NO YES Has caller Explain "self-cert" contacted owner? YES process to tenant, create case NO NO Call owner re: complaint, arrange compliance time, inform caller of compliance time Refer caller to owner ffeock with caller re: mpliance Inform caller and YES Caller indicates owner, close case compliance? s ; NO Work with owner re: NO compliance YES Violations? Inform owner and conduct inspection (create case as applicable) APPENDIX B WRITTEN TESTIMONY FROM SOCIAL. CARE FACILITY STAKEHOLDERS Note: In addition to the written testimony contained in this appendix, Social Care Facility stakeholders submitted copies of Oregon Administrative Rules governing Social Care Facilities. fegon Department of Human Resources t, J Senior and Disabled Services Division John A. Kitrhaber, M.D., Govemor 500 Summer St. N-h September 21, 1998 Salem, OR 97310-1015 Voice/TTY (503) 945-5811 Voice/TTY 1-800-282-8096 FAX (503) 373-7823 Community Housing Task Force David Scott, Building Official City of Tigard 13125 SW Hall Blvd Tigard, Or 97223 Dear Members of the Community Housing Task Force, On behalf of the State of Oregon Senior and Disabled Services Division, The State of Oregon Health Division Licensing Plan Review Section and the Washington County Department of Aging and Veterans Services, I would like to congratulate the Community Housing Task Force and the city of Tigard on your efforts to support adequate and affordable housing. We applaud your efforts and hope you will include accessible housing in your primary goals. In reviewing the proposed changes to the Tigard Municipal Code 14.16.0 10 through 14.16.440 we have several recommendations which we are submitting for your consideration. Recommendation #1 : Care facilities licensed and monitored by the State of Oregon be exempt from the proposed provision. We recommend you add this narrow exception language to the code. Facilities falling under this definition are regularly inspected. Any facility in which licensing is revoked, suspended or not renewed would fall under the proposed city ordinance. Facilities such as Retirement Homes and Board and Room facilities are not licensed and would not be included. Recommendation #2: Review the exemption language after a reasonable period of time to determine if exclusion language in anyway compromises the City of Tigards property management regulations. Representatives from the State of Oregon Senior and Disabled Services Division, Health Division and the Washington County Department of Aging and Veterans Affairs would be willing to participate in the review. "Assisting People to Become Independent, Healthy and Safe" An Equal Opportunity Employer EIRE 1015 (11/97) Tigard Community Housing Task Force page 2 Recommendation #3: To address the question of equitable treatment of property owners, we recommend that the committee and the City of Tigard look at the municipal code in context of the other government regulations. State of Oregon licensing regulations and sanctioning authority in fact exceed proposed regulations. Equity exists in the overall regulatory scheme. Adding local regulatory requirements beyond those articulated in the Oregon Administrative Rules does not improve protection for residents or further the goal of maintaining adequate and affordable housing in licen 3td care settings. Again, I urge you to accept these recommendations. If you choose not to accept these recommendations, I am requesting written confirmation of your decision. If you have any questions or I can be of any assistance to you please feel free to call me at (503) 945-6462. Sincerely, Kathryn A. Labadie, Manager Community Based Care Programs cc: Dan Kaplan, SDSD Cindy Hannum, SDSD Mary Lou Ritter, WCDAVS Don Nyberg, OHP Lucille Penry, ACPO State President Margaret Carley, OHCA W~~'C'Tt~ `C~S'ttMaN`~ SV13M~~ C~J ~02 `b~b~9$ Mf~'f,vJC~ $`l Mh2C~A~'~.-c t trt~, ~fn~~ ATfatz~3~,`~ f oQ~c~rJ "EAZIA CAP-f- ASwc%ATiot~ T IGARD MUNICIPAL CODE The proposed changes to the Tigard Municipal Code include "Social Care Facilities" within the definition of "dwelling" for purposes of property maintenance regulations. If the proposed change is adopted, Tigard nursing, assisted living and residential care facilities likely would be subject to the Tigard regulations related to building structural requirements as well as state administrative rules on this subject. Our argument that Tigard should not include Social Care Facilities within the scope of municipal regulation should focus on the following: ® In several areas cases the Tigard rules conflict with existing State regulation. • State regulation of long term care facilities is already extensive and provides adequate protection for residents. (why the need to include long term care facilities in local regulation?) o Long term care facilities are unique. Long term care facilities are different from apartments and hotels in that they provide not only a place to live but also medical care. The Tigard rules do not distinguish between strictly residential dwelling units and units occupied by persons with medical needs. e Too complicated for regulators and consumers to keep track of duplicative local and state regulation and also requires duplicative inspections. Nursing Facilities continuously licensed since January 1, 1992 and RCFs licensed since 1994 are exempt from some state regulations. Requiring compliance with Tigard regulations might place many of them in immediate noncompliance. Conflicts Problem. Tigard rules require door to exterior of dwelling unit to permit opening from inside without use of key or any special knowledge or effort. (14.16.180) Nursing facilities may not be able to do this as resident wandering is a concern. The State nursing facility rules allow exit/entrance doors to have electro-magnetic locks that automatically release in the event of a fire alarm or power failure (411-87-400). E~>4, Problem. The Tigard rules require each habitable room to have at least one window that can be easily opened or another approved device to adequately ventilate the room (14.16.170). The State nursing facility rules do not require a window to be operable if the building is designed with an engineered smoke control system. 411-87-400. I don't know if the smoke control system would qualify as an "approved ventilation device." Problem. The State nursing facility rules allow one bathtub for every 25 beds that are not otherwise served by bathing facilities within the residents' rooms. The RCF rules allow one bath per every 10 residents (411-55-101). The Tigard rules require one bathtub per floor and at the rate of one for every 12 residents. (modifications available for individual cases) 14.16.230. Problem. The Tigard rules require water supplied to sinks, bathtubs and showers to be heated to at least 120 degrees. 14.16.250. The State nursing facility rules allow the water to be between 100 and 120 degrees, 411-87-460, or between 110 and 120 for an RCF or ALF (411-55-131, 411-56-040). Problem. The Tigard rules require handrails on stairs to be between 30 and 38 inches from the floor (14.16.150). Is this the right height for Nursing Facilities, RCFs or ALFs? Are there additional considerations based on nature of residents, who are in wheelchairs, and staff needs? As noted below, the Tigard rules do not require handrails in corridors. Problem. The Tigard rules prohibit overcrowding in a dwelling unit and define it to mean, after the first resident, more than one additional resident for every 150 square feet of floor area in a habitable room, 14.16.290. Nursing facilities commonly have more than one bed per room. Don't know if the room size meets the Tigard requirement. State rules are extensive Nursing, Assisted Living and Residential care facilities already must comply with the Oregon Building Code, local building regulations and the Uniform Fire Code (411-87- 020, 411-55-081, 411-56-040). The State Nursing, Assisted Living and Residential Care Facility rules address virtually all the same issues addressed in the Tigard Municipal Code. The only relevant areas where the State does not regulate are as follows: Address number display Requirements related to adequate facility structure, roof and exterior walls and dangerous structures such as application of approved protective coating of weather-resistant preservative (14.16.140) and prohibition on crumbling foundations (14.16.130) although these issues are likely regulated by the State Building Code or the general requirement that facilities be maintained in good repair. In addition to other requirements, RCFs, ALFs and Nursing Facilities must submit construction plans to Oregon Health Division for approval. 411-55-071, 411-87-010. State rules address unique long term care facility needs (medical as well as residential issues) Heat: The nursing facility and RCF rules require a heating system capable of maintaining a temperature of 75 degrees (411-87-450, 411-55-131) whereas the Tigard rules require only 68 degrees (14.16.260). Ventilation: The State NF, ALF and RCF rules contain extensive regulation on ventilation systems. The Tigard rules do not address it. Lighting: The Tigard rules are very general and merely require operable light fixtures and that hallway and stairway lighting have at least one foot candle illumination at principal points and % foot candle elsewhere. 14.16.270. The State NF rules state specifically that older persons require higher levels of illumination and are much more sensitive to glare. Lighting fixtures in NF must be designed to minimize glare and must provide minimum foot candle illumination ranging from 10 to 100. ALF requirements range from 20 to 50 foot candles (411-56-040). Sleeping room requirements: The Tigard rules are again very general and require only that the room be habitable, have appropriate lighting, ventilation, etc. (14.16.280). The State RCF, NF and ALF rules also contain these requirements but also regulate room size, allowances between the bed and the wall, room for wheelchair movement, etc. (411-87-130, 411-55-111, 411-56-040). The Tigard rules do not require every room to have a window. The RCF, ALF and NF rules do and require the window to be bigger (10% of floor area v. 6.8%). 411-87-400, 411-55-101, 411-56-040, 14.16.170. The RCF rules require regular fire drills and an on-going safety program. 411-55-081. The RCF rules regulate width of corridors. 411-55-101 The NF rules require handrails on all corridors. 411-87-350. Many more examples related to sanitary kitchen facilities, dining facilities and other issues not present in a typical apartment building or hotel. • The State rules are developed to ensure that long term care residents receive quality care in a safe setting. The Tigard rules improperly treat long term care facilities and residents the same as apartments or hotels and their residents, who do not have the same needs. i d 1 ACPO Adult Care Providers of Oregon Washington County Chapter 15405 SW 116th Ave., Suite 103-A, King City, OR 97224 Office: 503 684-1800 Fax: 503 684-5828 August 6, 1998 Community Housing Task Force City of Tigard RE: Social Care Facilities - Adult Foster Care Homes Good afternoon. My name is June Sulffridge. I am the President of the Washington County Chapter of ACPO; State Treasurer for ACPO; State Board Member; Committee member for the Subcommittee on Medicaid Reimbursement for SDSD in Salem; and my husband and I own an adult foster care home in Washington County. I have been asked to represent Washington County adult foster home providers at today's meeting of the Community Housing Task Force regarding the issue of Social Care Facilities. Let me begin by giving you a couple of definitions. Definition of Adult Foster Care in Oregon Per Administrative Rules for Licensure of Adult Foster Home", dated 4/1/96, Section 411-50400(3)(Definitions) " "Adult Foster Home (AFW' means any family home or other facility in which residential care is provided in a home-like environment for compensation to five or fewer elderly or physically disabled adults who are not related to the provider by blood or marriage. For the purpose of this rule, adult foster home does not include any house, institution, hotel or other similar living situation that supplies room and board only, or room only, or board only, if no resident thereof requires any element of care." Page 1 NINE Community Housing Task Force City of Tigard August 6, 1998 Per City of Tigard Municipal code 14.16.070(h)(Definitions) "Social Care, Facilities. Any building or portion of a building containing three or more dwelling units, which is designed, built, rented, leased, let, hired out or otherwise occupied for group residential living purposes, which is not an apartment house. such facilities include but are not limited to, adult foster care, retirement homes, half-way houses, youth shelters, homeless shelters and other group living residential facilities." By the definitions quoted above, adult foster care homes do not qualify as Social Care Facilities since they are single family homes, providing a "home-like" environment for five or fewer elderly persons. They do not consist of "three or more dwelling units", they are a "Single-Family Dwelling. A structure containing one dwelling unit." (Tigard Municipal Code 14.16.070(b)). By definition alone, adult foster care homes should not be part of this proposed ordinance. Adult Foster Care Homes are the second most regulated senior care industry in the state, only behind nursing homes. We have to adhere and comply with 61 pages of regulations, which include such areas as: Definitions; purpose, license required; capacity; license application and fees, criminal record clearance; training requirements; classification of home; general condition (zoning, codes, fire and safety regulations); condition of furnishings; stairways, railings; heating system; minimum amount of common living space; size of interior doorways; swimming pool/spa/sauna safety; first aid; sanitation (water/plumbing/sewer/garbage); laundry; household pets; universal precautions for infection control; bathrooms (individual privacy); bedroom size and who can or cannot occupy the bedrooms; size of beds; bedding requirements; furniture requirements in the bedroom; proximity of the bedrooms to the provider, location of bedrooms; meals (how many, when) food preparation; telephone availability; safety (fire); heating; hardware for all doors; window sizes; construction; flame spread requirements; mobile home requirements; fire extinguisher requirements; smoke detector requirements; emergency evacuation plans; orienting employees and residents to the home; width and size of common areas; location in relation to closest fire station; flashlight requirements; smoking regulations; natural disaster plans; standards and practices for care and services; admission; assessment and care plans; medications; treatments; therapies; psychoactive medications; physical restraints; registered nurse consultation; resident care; resident records; financial records; residents' hill of rights; house rules; inspections by licensers; complaints; procedures for correction of violations; administrative sanctions; denial, revocation or non-renewal of Page 2 Community Housing Task Force City of Tigard August 6, 1998 license; suspension of license; conditions to a license; criminal penalties; civil penalties and last, but not least; zoning requirements. Sitting in front of me is the "Ensuring Quality Care (EQC)" binder which is the `Bible" for adult foster home providers. These are the rules, forms and guidelines for us and our residents. I have also brought several copies of the Administrative Rules for the Task Force if any member or City of Tigard staff person would like a copy. We have families, nurses, social workers, licensers, inspectors, referral agencies, and Ombudsmen coming to our homes to visit our residents and tell us what to do. We have SDSD in Salem and Washington County Aging and Veterans Services offices overseeing us and telling us what to do. Without being rude, we really do not need one more set of rules or another governmental agency to oversee us. There are 37 adult foster homes in Tigard, which serve approximately 180 seniors. We are proud of the work we do, but please, do not add more paperwork and other regulatory agency to our already busy, overregulated industry. We respectfully request that adult foster care homes be deleted from this draft ordinance and not be included as a "Social Care Facility" in the City's ordinance. Thank you for your time and consideration to this issue. Page 3 ~ Mill 4 ACPO Adult Care Providers of Oregon Washington County Chapter 15405 SW 116th Ave., Suite 103-A, King City, OR 97224 Office: 503 684-1800 Fax: 503 684-5828 August 7, 1998 David Scott Building Official City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Community Housing Task Force Adult Foster Care Homes Dear David: Thank you for the opportunity to appear before the Community Housing Task Force. Hopefully, I was able to enlighten those members present about adult foster care homes in Tigard. Per your request regarding current regulations concerning the general exterior condition of adult foster care homes, the following addresses that issue. This can be found on page 24 of the "Administrative Rules for Licensure of Adult Foster Homes", a copy of which was provided to each Task Force member in attendance as well as yourself. "411-50-445 Facile Standards In order to qualify for or maintain a license, an adult foster home shall comply with the following provisions: (1) General Conditions (a) Each adult foster home shall meet all applicable local business license, zoning, building and housing codes, and state and local fire and safety regulations for a single family residence; (b) the building and furnishings shall be clean and in good repair. Grounds shall be well maintained. Walls, ceilings, and floors shall be of such character to permit frequent washing, cleaning, or painting. there shall be no accumulation of garbage, debris, rubbish or offensive odors;" David Scott August 7, 1998 Page 2. This section clearly states that each adult foster care home in Tigard must comply with all regulations regarding single family dwellings. Therefore, any existing or proposed regulations regarding the upkeep of the exterior or yard of a single family residence in Tigard would automatically apply to all adult foster care homes in Tigard. You commented yesterday that your initial, preliminary staff recommendation would be to exclude Building Code 'T' facilities (typically nursing/convalescent) from the proposed ordinance, but be more concerned about facilities as you go "down" the chain, getting closer to "R3" or single family dwellings, or adult foster homes. If you will compare the rules that you were given for assisted living facilities, residential care facilities and adult foster care homes, you will clearly see that adult foster care homes are much more stringently regulated than either of the other two, and they have far more regulations already in place with which to comply. Consequently, I would propose that you review these regulations carefully and possibly rethink your preliminary staff recommendation. Again, ACPO appreciates the opportunity to take part in this important evaluation of "Social Care Facilities" in Tigard. Please do not hesitate to contact me if you need any further information. I look forward to hearing from you in the near future with the date for the next Task Force meeting. Sincerely, Jun ulffridge , President ACPO - Washington County Chapter APPENDIX C PROGRAM STAFFING ANALYSIS PROGRAM STAF'F'ING ANALYSIS Assumptions: Reactive inspections only ® Inspector can do 660 inspections/year ® 400 inspections/year (based on 44% of Portland's ratio of reactive inspections performed to number of housing units. 44 % used because 86 % of Portland's stock is at least 25 years old, compared to 41 % for Tigard. Other demographics such as ratio of owner to rental occupied and breakdown of # of units per building are very similar). e Require .7 FTE (use 1 FTE) Unit Costs: A 1 FIE Housing Inspector $50,000 • 1 Vehicle $18,000 O 1 Work-station set-up $4,000 O Forms, documents $2,500 • Other (gas, training, etc) $2,000 O Legal .$5,000 Total Costs: • First year: $81,500 (costs much less first year because program commencing 4/1/99 O on-going: $59,500 + $10,000 emergency fund = $70,000 Note: no inflation factor included APPENDIX D TESTIMONY OF THE GAO BEFORE THE U.S. SENATE SPECIAL COMMITTEE ON AGING, REGARDING CALIFORNIA NURSING HOMES (Submitted by Paul Alig, Oregon Legal Services) United States General Acconnjkg Office M GAO Testimony Before the Special Committee on Aging, U.S. Senate For Release Delivery F0 ~ RSR. T,~`I Expected at 10 10:Q0 am C -A-U R l~ l~ XX-X Tuesday, July 28, 1998 HOMES Federal and State Oversight Inadequate to Protect Residents in Hones With Serious Care Violations Statement of William J. Scanlon, Director Health Financing and Systems Issues Health, Education, and Human Services Division Ja~~gD S M v i cZn 4. 94ouN i 1 f i GAO/'- I1EHS-98-219 California Nursing Homes: Federal and. State Oversight Inadequate to Protect Residents in Homes With Serious Care Violations Mr. Chairman and Members of the Committee: Thank you for inviting me to discuss our findings on nursing home care in California. The federal government has a major stake in nursing home care, having paid the nation's roughly 17,000 homes $28 billion in 1997 through the Medicare and Medicaid programs. While the public relies on nursing homes to provide care to one of the most vulnerable segments of our population, allegations were raised to your Committee that some 3,000 residents died in more than 900 California nursing homes in 1993 as a result of malnutrition, dehydration, sepsis from improperly treated urinary tract infections, and other serious conditions for which they did not receive acceptable care. The information I am presenting today is based on our recently issued report to your Committee.' Although I will begin with the care problems found through reviewing medical records for a sample of 62 residents who died in 1993, the majority of my comments will focus on our analysis of the current information on the quality of care in all California nursing homes. This analysis focused on care problems identified in recent state and federal quality reviews that California conducted in the last 2 or 3 years, obstacles to federal and state efforts to identify care problems, and implementation of federal enforcement policies to ensure that homes correct problems identified and then sustain compliance with federal requirements. The federal and state agencies with oversight responsibility for homes receiving funds from Medicare and Medicaid are the Health Care Financing Administration (HCFA) and the state of California's Department of Health Services (DHS). Together, they oversee care in the more than 1,400 California nursing homes, representing more than 141,000 resident beds. Medicare and Medicaid paid these homes approximately $2 billion in 1997 to care for nursing home residents. In brief, we found that despite the presence of a considerable federal and state oversight infrastructure, a significant number of California nursing homes were not and currently are not sufficiently monitored to guarantee the safety and welfare of nursing home residents. We came to this conclusion, for the most part, by using information from California's DHs reviews of nursing home care covering 95 percent of the state's nursing homes and HcFA data on federal enforcement actions taken. 'Califomia N Homes Care Problems Persist Despite Federal and State Oversight (A , July , 1 M). Psge 1 GAO/r-HEH8-99-219 4 lv Calitore!a Nursing Homes: Federal and State Oversight Inadequate to Protect Residents in Homes With Serious case Violations Looking back at medical record information from 1993, we found that, of 62 resident cases sampled ,2 residents in 34 cases received care that was unacceptable. However, in the absence of autopsy information that establishes the cause of death, we cannot be conclusive about whether this unacceptable care may have contributed directly to individual deaths. As for the extent of care problems currently, between July 1995 and k ebruary 1998, California surveyors cited 407 homes-nearly a third of the 1,370 omes in our analysis--for care violations they classified as serious under federal or state deficiency categories. Moreover, we believe that the extent of current serious care problems portrayed in these federal and state data is likely to be understated. The predictable timing of on-site reviews, the questionable accuracy and completeness of medical records, and the limited number of residents whose care was reviewed by surveyors in each home have each likely shielded some problems from surveyor scrutiny. Finally, even when the state identifies serious deficiencies, lici A's enforcement policies have not been effective in ensuring that the deficiencies are corrected and remain corrected. For example, nas surveyors cited about 1 in 11 California homes-accounting for over 17,000 resident beds-twice in consecutive annual reviews for violations involving harm to residents. (The national average was slightly worse-about one in nine homes were cited twice consecutively for violations of federal requirements involving harm to residents.) Nevertheless, HCeA generally took a lenient stance toward many of these homes. California's DHS, consistent with HcFA's guidance on imposing sanctions, grants 98 percent of noncompliant homes a 30- to 45-day grace period to correct deficiencies without penalty, regardless of their past performance. Only the few homes that qualify as posing the greatest danger are not provided such a grace period. In addition, only 16 of the roughly 1,400 California homes participating in Medicare and Medicaid have been terminated from participation, most of them have been reinstated quickly, and many have had subsequent compliance problems. Recognizing shortcomings in enforcement, California officials told us that they launched a pilot program. %is month intended to target for increased vigilance certain of the state's nursing homes with the worst compliance records. tour criteria for inclusion in the sample were that a case came from a home with at least b of the allegedly avoidable deaths and at least 6 such deaths per 100 beds. The 62 cases in our sample were drawn randomly and came from 16 nursing homes. Page 2 GAGFr-HERS-98-819 California Nursing Homes: Federal and State Oversight Inadequate to Protect Residents in Homes with Serious Care Violations Background The federal responsibility for overseeing nursing homes belongs to HCFA, an agency of the Department of Health and Human Services (HHs). Among other tasks, HCFA defines federal requirements for nursing home participation in Medicare and Medicaid and imposes sanctions against homes failing to meet these requirements. HCFA funds state survey agencies to do the on-site reviews of nursing homes' compliance with Medicare and Medicaid participation requirements. In California, DHS performs nursing home oversight, and its authority is specifically defined in state and federal law and regulations. As part of this role, DHS (1) licenses nursing homes to do business in California; (2) certifies to the federal government, by conducting reviews of nursing homes, that the homes are eligible for Medicare and Medicaid payment; and (3) investigates complaints abut care provided in licensed homes. To assess nursing home compliance with federal and state laws and regulations, DHs relies on two types of reviews-the standard survey and the complaint investigation. The standard survey, which must be conducted no less than once every lb months at each home, entails a team of state surveyors spending several days on site conducting a broad review of care and services with regard to meeting the assessed needs of the residents.3 The complaint investigation involves conducting a targeted review with regard to a specific complaint filed against a home. The state and HCFA each has its own system for classifying deficiencies that determines which remedies, sanctions, or other actions should be taken against a noncompliant home. For standard surveys, California's DHs typically cites deficiencies using HCFA's classification and sanctioning scheme; for complaint investigations, it generally uses the state's classification and penalty scheme. Table 1 shows HCFA's classification of deficiencies and the accompanying levels of severity and compliance status. c N 1 i Me standard survey is used not only to meet HCFA's certification requirement but also to ensure that a home continues to meet its state licensing requirements. page 3 GAO✓r-HERS-98-219 aid California Nursing Homes: Federal and State Oversight Inadequate to Protect Residents in Homes With Serious Care Violations Table 1: HCFA's Deficiency Classification System Compliance status of home cited for this HCFA deficiency category Level of severity deficiency Immediate jeopardy to resident health or Most serious Noncompliant safety Actual harm that does not put resident in Serious Noncompliant immediate jeopardy No actual harm, with potential for more than Less serious Noncompliant minimal harm No actual harm, with potential for minimal harm Minimal Substantially compliant sCFA guidance also classifies deficiencies by their scope, or prevalence, as follows: (1) isolated, defined as affecting a limited number of residents; (2) pattern, defined as affecting more than a limited number of residents; and (3) widespread, defined as affecting all or almost all residents. Review of Records for Our work indicates that 34 residents-more than half of our sample of 62 of California's nursing home residents who died in 1993-received 1993 Deaths unacceptable care. In certain of those cases, the unacceptable care Uncovered Serious endangered residents' health and safety; however, without an autopsy that Care Problems establishes the cause of death, we cannot be conclusive about whether the unacceptable care directly led to any individual's death. Nevertheless, the care problems we identified were troubling, such as unplanned weight loss and failure to properly treat pressure sores. For example: • A resident lost 59 pounds-about one-third of his weight-over a 7-week period. Only a small share of the weight loss was attributable to fluid loss. Until 2 days before the resident's death, the nursing home staff had not recorded his weight since the day he was admitted to the home or notified the physician of the resident's condition. • A resident was admitted to a nursing home with five pressure sores, four of which exposed the bone. Although the physician ordered pain medication during treatments that removed the blackened dead tissue from her sores, the resident's medical record indicated that she received pain medication only three times during 5 weeks of daily treatments. The resident, who was not in a condition to verbalize her needs, was reported in the nursing notes to moan whenever this procedure was done without prescribed pain medication. Page 4 GAOIT-HERS-98.219 ' California Nursing Homes: Federal and State Oversight Inadequate to Protect Residents In Homes With Serious Care Violations State's Recent Quality nxs surveyors identified a substantial number of homes with serious care problems through their annual standard surveys of nursing homes and Reviews Reveal through ad hoc complaint investigations. Our analysis of these data shows Significant Care that, between 1995 and 1998, surveyors cited 407 homes, or nearly a third ]Problems in Nearly of the 1,370 homes included in our review, for serious violations classified under the federal deficiency categories, the state's categories, or both. Ogle-Third of All (See fig. 1, "Caused Death or Serious Harm.") These homes were cited for Homes improper care leading to deal (26 homes), posing life-threatening harm to residents (269 homes), other serious violations involving improper care (111 homes), or falsifying or omitting key information from medical records (11 homes). Figure 1: Distribution of 1,370 California Nursing Homes by More Than Minimal Deficiencies Seriousness of Violations Cited, (484 Homes) 1995-98 2% Minimal or No Deficiencies (30 Homes) 30%1.-- Caused Death or Serious Harm 35% (407 Homes) 33%-- Caused Less Serious Harm (449 Homes) O H 1 H The four wedges in figure 1 correspond to the federal deficiency categories shown in table 1 and include comparable-level deficiencies cited using the state's separate classification scheme, as shown in table 2. Page 5 GAO✓d=HERS-98-219 California Nursing Homes: Federal and State Oversight inadequate to Protect Residents in Homes With Serious Care Violations Table 2: Categorization of Deficiencies by HCFA and by California DHS Description of deficiency HCFA deficiency categories category State deficiency category Caused death or Immediate Improper care leading to death, imminent serious harm jeopardy danger or probability of death, intentional falsification of medical records, or material Substandard care omission in medical records. Caused less serious Actual harm Violations of federal or state requirements that harm have a direct or immediate relationship to the health, safety, or security of a resident. More than minimal Potential for California has no state citation directly deficiencies minimal harm equivalent to the federal category. Minimal or no Potential for California has no state citation directly deficiencies minimal harm/no equivalent to the federal category. deficiencies ~e - Within the "caused death or serious harm" group are homes cited for several types of federal violations, including "improper care leading to death" and "life-threatening harm." Following is an example from the 26 homes California surveyors cited for improper care leading to death:° • A resident who was admitted to a home for physical therapy rehabilitation following hip surgery died 5 days later from septic shock, caused by a urinary tract infection. The home's staff failed to monitor fluid intake and urine output while the resident was catheterized and afterwards. Nursing home staff failed to notify a physician as the resident's condition deteriorated. When his family visited and found him unresponsive, they informed the staff and his physician was contacted. His physician ordered intravenous antibiotics, but the staff were unable to get the intravenous line in place and continuously functioning until 8 hours had passed. The resident died 3 hours later. The next example is from the 259 homes California surveyors cited for life-threatening harm- - Because the home lacked sufficient licensed nursing staff on duty, residents did not receive treatrnents, medications, or food supplements as ordered. One resident's medical record indicated that, although a licensed l nurse had noted the individual's deteriorating physical condition a half hour before she died, there was no evidence that the nurse continued to assess the resident's vital signs, administered oxygen as prescribed by a *Me subclassification 'improper care leading to death" does not include all residents who died in homes cited for violations related to residento' care, because the category "life-threatening harm" can also include such violations and associated deaths. Page 6 GAOJT-HERS-88-218 California Nursing Homes: Federal and State Oversight Inadequate to Protect Residents in 'k Homes With Serious Care Violations physician's order, or notified the attending physician and family about the resident's deteriorating condition. We also determined that cases of poor care were not limited to the 447 homes noted. State surveyors documented instances of serious quality problems that they categorized as federal deficiencies in the range of "actual harm" or "potential for more than minimal harm" or as lower-level state violations. Examples of these are included in our report. Predictability of The deficiencies that state surveyors identified and documented only partially capture the extent of care problems in California's homes, for Surveys, Questionable several reasons. First, some homes can mask problems because they are records, and Survey able to predict the timing of annual reviews or because medical records Limitations Hinder sometimes misrepresent the care provided. In addition, state surveyors can miss identifying deficiencies because of limitations of the methods Efforts to Identify used in the annual review-methods established in HcFA guidance on Care Problems conducting surveys-to identify potential areas of unacceptable care. Predictability of On-Site One problem masking the extent of poor care involves the scheduling of - Reviews standard surveys. The law requires that a standard survey be unannounced. and that it be conducted roughly every year.r, Because many California homes were reviewed in the same month-sometimes almost the same week-year after year, homes could often predict the timing of their next survey and prepare to reduce the level of problems that may normally exist at other times. At two homes we visited, we observed that the homes' officials had made advance preparations-such as making a room ready for survey officials--indicating that they knew the approximate date and time of their upcoming oversight review. After we discussed these observations with California DHS officials, they acknowledged that a review of survey scheduling showed that the timing of some homes' surveys had not varied by more than a week or so for several cycles. nas officials have since instructed district office managers to schedule surveys in a way that will reduce their predictability. The issue of the predictable timing of surveys is long-standing. More than a decade ago, the Institute of Medicine called for adjusting the taming of the KNOW "Technically, the standard survey must begin no later than 16 months after the last day of the previous standard survey, and the statewide average interval between standard surveys must not exceed 12 months. Page 7 GAO"-HERS-98-219 CaMornia Nursing Homes: Federal and State Oversight Inadequate to Protect Residents in Homes With Serious Care Violations surveys to make them less predictable and maximize the element of surprise.' Subsequently, the Omnibus Budget Reconciliation Act of 1987 (OBRA 87) nursing home legislation and HcFA's implementing guidance attempted to address the predictability issue. However, a subsequent HcFA-conducted poll of nursing home resident advocates in most states and a 1998 nine-state study by the National State Auditors Association found that predictable timing of inspections continues to be a problem. Questionable Records Inaccurate or otherwise misleading entries in medical records can mask care problems or make it more difficult for surveyors to prove that care problems exist. We found such irregularities among the medical records we reviewed, a problem widely recognized in long-term-care research.' Discrepancies appeared in about 29 percent of the 1993 records we reviewed. The following two examples of such discrepancies were found in these records: • During the hospital stay of a nursing home resident, doctors discovered that the resident was suffering from a fractured leg and that the fracture had occurred at least 3 weeks before the hospitalization. The nursing home's records were missing the clinical notes for the same 3-week period preceding the resident's hospital stay, thus omitting any indication that an irtjury had occurred, how it might have occurred, or how it might have been treated. • Although a resident's medical record showed that each day she consumed 100 percent of three high-caloric meals and drank four high-protein supplements, the resident lost 7 pounds-10 percent of her total weight8-in less than a month. The implausibility of the resident's weight loss under these conditions raises major questions about the accuracy of the medical records regarding nutritional intake. California state surveyors have also identified serious discrepancies in medical records. The following example is one of the cases they cited: • A home's treatment records named a staff member as having provided two residents with range-of-motion exercises nine separate times. It was later 'Institute of Medicine, Improving the Quality of Care in Nursing Homes (Washington D.C.: Institute of Medicine, 1986), pp. 32W. 'Jeanie Kayser,Iones and others, "Reliability of Percentage Figures Used to Record the Dietary Intake of Nursing Home Residents," Nursing Home Medicine, Vol. b, No. 3 (Mar. 1997), pp. 69-76, and John F. Schnelle, Joseph G. Oaslander, and PatriceA. Cniise *Policy Without Technology: A Barrier to Improving Nursing Home Care,' The Gerontologist, Vol. 37, No. 4 (1997), pp. 627.32. $According to medical experts, a (}percent weight loss in a month is considered a significant loss. Page 8 GAO/P-HEHS-98.219 California Nwm"g Homer. Feder^i and state r overalSht Inadequate r) Protect. Ae^ dents Ln Homes With Barlow Care Vlolatione determined that the staff member was not working at the home when the treatments were reportedly provided. HCFXs Protocol for A third monitoring weakness that can hinder surveyors' detection of care Identifying Potential Care problems involves HCFA's guidance on selecting cases for review to help Problems surveyors identify potential instances and prevalence of poor care. ncFA policy establishes the procedures, or protocol, that surveyors must follow in conducting a home's standard survey. However, HCFA's protocol-designed to increase the likelihood of detecting problems with care--does not call for randomly selecting a sufficient sample of residents. Instead, it relies primarily on the use of the individual surveyor's professional expertise and judgment to identify resident cases for further review. In contrast, our expert nurses, in reviewing current medical records to identify areas with potential for poor care, took a stratified random sample-cases from different groups of the home's more fragile as well as average residents. Each sample was of sufficient size to estimate the prevalence of problems identified. In addition, the nurses used a standard protocol to collect and record quality-0f-care information from r. hart reviews, staff interviews, and data analyses to ensure that the information was in a consistent format across the various individuals interviewed and documents reviewed. For two homes receiving their annual surveys, we compared the findings of the DHS surveyors, who followed HcFA's survey protocol, with the findings of our expert nurse team, who accompanied the state surveyors and conducted concurrent surveys. The methodology our expert nurses used examined primarily quality-of-care outcomes and related issues, whereas state surveyors, following federal guidance, reviewed this and 14 additional areas, such as social services, resident assessment, and transfer and discharge activities. As a result, nHS surveyors sought and found deficiencies in some important areas that our expert nurses did not ' document. However, in the quality-of-care area, our nurses found serious i care problems that DRS surveyors did not find, including unaddressed weight loss, improper pressure sore treatment, and ineffective continence management. Page 9 GAOOr-BEES-98-219 California Pluming Homes: Federal and State Oversight Inadequate to Protect Residents in Homes With Serious Care Violations HCFA's Enforcement we also examined the efforts of the state and HCFA to ensure that the homes cited for serious deficiencies were correcting their problems and Policies Ineffective in sustaining compliance with federal requirements over time. Encouraging Bringing Homes With sustained compliance and appropriately sanctioning deficient providers Serious, Repeated are among HCFA's stated enforcement goals. However, we found that, s under HCFA'S policies, enforcement results often fall far short of those Violations Into goals. Sustained Compliance Between July 1995 and March 1998, DHS surveyors cited 1 in 11 homes, or 122 homes, in both of their last two surveys for conditions causing actual harm, putting residents in immediate jeopardy, or causing death.' These homes represent over 17,000 resident beds. The national compliance rate for about the same period and for the same repeated, serious harm deficiencies was slightly worse: about 1 in 9 homes, representing more than 232,000 beds, were cited. However, HCFA enforcement policies have led to relatively few federal disciplinary actions taken against these homes in California. Before oaRA 87, the only sanction available to HCFA and the states to impose against such noncompliant homes, short of termination, was to deny federal program payments for new admissions. oBRA 87 provided for additional sanctions, such as denial of payment for all admissions, civil monetary penalties, and on-site oversight by the state ("state monitoring"). 10 Nevertheless, these sanctions were seldom applied, even to the 122 homes in our analysis cited twice consecutively for serious harm deficiencies. Specifically, only a fourth-33 homes-had any federal sanctions that actually took effect. HCFA Policies Lead to HCFA'S forgiving stance toward homes with a "ping-pong" history of Lenient Enforcement compliance helps explain how these homes could repeatedly harm Stance residents without facing sanctions. Generally speaking, HCFA sanctioning policy divides homes into two groups: those that the state agency is instructed to refer to HCFA immediately to initiate sanctioning and those °'Ttte data on deficiencies cited in standard surveys are contained in the OSCAR (On-Line Survey, Certification, and Reporting) System, a federal database maintained by HCFA 100ther sanctions include third-party management of a home for a temporary period ("temporary management'); requirement for a home to follow a plan of correction developed by HCFA, the survey agency, or a temporary manager-with HCFA or survey agency approval-rather than by the home itself ("directed plan of correction"); and mandatory training of a home's staff on a particular issue ("directed in-service training"). Page 10 GAO/T-HEHS-98-219 California Nursing Homes: Federal and State Overnight Inadequate to Protect Residents in Homes With Serious Caere Violations for which the state agency is permitted to grant a grace period first to correct deficiencies without the imposition of federal sanctions." To qualify for immediate referral under HCFA policy, homes must have been cited for deficiencies in the immediate jeopardy category or rated as a "poor performer." The criteria for meeting HCFA's poor performer definition include an intricate combination of immediate jeopardy and substandard quality-of-care deficiencies.12 Since July 1995, when the federal enforcement scheme established in oBRA 87 took effect, 59 California nursing homes have been cited for immediate jeopardy deficiencies and about 25 have been designated poor performers. HCFA guidance permits the state to broaden the definition of poor performer, but California has chosen not to do so. 13 Noncompliant homes that are not classified in the immediate jeopardy or poor performer categories do not meet HCFA's criteria for immediate referral for sanctioning, even though some may have seriously harmed residents. HCFA policy permits granting a grace period to this group of noncompliant homes, regardless of their past performance. Between July 1995 and May 1998, California's nHS gave about 98 percent of noncompliant homes a grace period to correct deficiencies. For nearly the same period (July 1995 through April 1998), the rate nationwide of noncompliant homes receiving a grace period was higher-99 percent-indicating that the practice of granting a grace period to virtually all noncompliant homes is common across all states. Following HCFA policy, nlis is not required to and does not appear-to take into account a home's compliance history for the bulk of noncompliant homes receiving a grace period. Our report describes a home that, despite "Homes in the immediate referral group do not necessarily receive sanctions If homes come into substantial compliance before sanctioning is scheduled to take effect, HCFA rescinds the sanction. "Under HCFA's definition of poor performer, a home must have been cited on its current standard survey for substandard quality of care and have been cited in one of its two previous standard surveys for substandard quality-of-care or immediate jeopardy violations. HCFA also has a special defu»tion for "substandard quality of care," as follows: the deficiencies must constitute immediate jeopardy to resident health and safety in one of three categories of deficiencies, or belong to the same three categories and include the following combination of severity and scope levels: pattern of or widespread actual harm that is not immediate jeopardy, or widespread potential for more than minimal harm "For example, California could include in the poor performer definition a home's record of violations cited in the course of complaint investigations Unlile standard surveys, complaint investigations are generally unexpected and provide mmyors a unkp:;; opportunity to gauge care issues in a home's everyday environment Because these investigations can uncover serious quality-of-care problems, including complaint-generated violations in a home's poor performer record would give regulators a more complete picture of a home's compliance history. page 11 GAO✓r-HEHS-98-219 California Nursing Homes: Federal and State Oversight Inadequate to Protect Residents in Homes With Serious Care Violations being cited by Dees for the same violations-the unacceptable treatment of pressure sores-4 years consecutively, has continued to receive a grace period to correct its deficiencies following each annual review. We question the wisdom of granting such homes a grace period with no further federal disciplinary action. For the few California homes that have had federal sanctions imposed, HCFA has been less than vigilant. In principle, sanctions imposed against a home remain in effect until the home corrects the deficiencies cited and until state surveyors filed, after an on-site review (called a "revisit") that the home has resumed substantial compliance status. However, if some of the home's deficiencies persist but are no more serious than those in the "potential for harm" range, HCFA policy is to forgo a revisit and accept the home's own report of resumed compliance status. HCFA officials told us this policy was put into place because of resource constraints. In California, however, this policy has been applied even to some of the immediate referral homes that, on a prior revisit, had been found out of substantial compliance. Our report describes the case of an immediate referral home for which HCFA twice accepted the home's self-reported statement of compliance without having AHS independently verify that the home had fully corrected its deficiencies: • In an October 1996 survey, DHS cited the home for i-nmediate jeopardy and actual harm violations, including improper pressure sore treatment, medication errors, insufficient nursing staff, and an inadequate infection control program. By early November 1996, however, surveyors had found in an on-site review that the problems had abated, although they had not fully ceased. A week later, the home reported itself to HCFA as having resumed substantial compliance." HCFA accepted this report without further on-site review. About 6 months later (May 1997), in the home's next standard survey, Deis found violations that warranted designating the home as a poor performer. On a revisit to check compliance in July 1997, ` surveyors found new, but less serious, deficiencies. In August 1997, however, when the home reported itself in compliance, HCFA accepted the report without further verification. Between October 1996 and August 14A home reports itself to HCFA as being in compliance by sending HCFA a letter called a "credible allegation of compliance." Page 12 GAO/r-HERS-98-219 California Nursing Homes: Federal and State Oversight Inadequate to Protect Residents in Homes With Serious Care violations 1997, HCFA imposed several sanctions but rescinded them each time it accepted the home's unverified report of resumed compliance status.i6 Similarly, HCFA'S level of vigilance appears to be inadequate for homes that have been terminated and later reinstated. HCFA has the authority to terminate a home from participation in Medicare and Medicaid if the home fails to resume compliance. However, termination rarely occurs and is not as final as the term implies. In the recent past, California's terminated homes have rarely closed for good. Of the 16 homes terminated in the 1995 through 1998 time period, 14 have been reinstated. Eleven have been reinstated under the same ownership they had before termination. Of the 14 reinstated homes, at least 6 have been cited with new deficiencies that harmed residents since their reinstatement, such as failure to prevent avoidable accidents, failure to prevent avoidable weight loss, and improper treatment of pressure sores. A home that applies for reinstatement is required to have two consecutive on-site reviews--called reasonable assurance surveys-within 6 months to determine whether the home is in substantial compliance with federal regulations before its eligibility to bill federal programs can be reinstated. HCFA officials told us that HCFA cannot prevent a home from being reinstated if it is in substantial compliance during these reviews. However, HCFA has not always ensured that homes are in substantial compliance before reinstating them. Consider the following example: • A home terminated on April 15, 1997, had two reasonable assurance surveys on April 25 and May 28, 1997. Although the nursing home was not in substantial compliance at the time of the second survey, HCFA considered the deficiencies minor enough to reinstate the home on June 5, 1997. The consequence of termination-stopping reimbursement for the home's Medicare and Medicaid beneficiaries-was in effect for no longer than 3 weeks.16 About 3 months after reinstatement, however, the home was cited for harming residents. DHS surveyors investigating a complaint found immediate jeopardy violations resulting from a dangerously low number of staff. In addition, surveyors cited the home.for providing substandard care. Dependent residents, some with pressure sores, were "In the October 1996 survey, HCFA imposed a civil monetary penalty that went into effect October 3 and was stopped from further accrual on November 8 when HCFA determined that federal requirements were met, based on the survey that had found lower-level deficiencies. In the May 1997 standard survey, HCFA imposed a civil monetary penalty to take effect in May 1997 and a denial of payment for new admissions sanction to take effect in July 1997, both of which HCFA stopped in August 1997 when the home reported that it was in compliance. "Under Medicare and Medicaid rules, terminated nursing homes may be paid for care of residents in the home on the date of termination for up to 30 days after the termination takes effect. Page 13 GAOIT-HERS-98-219 I i California Nursing Homes: Federal and State Oversight Inadequate to Protect Residents in Homes With Serious Care Violations left sitting in urine and feces for long periods of time; some residents were not getting proper care for urinary tract infections; and surveyors cited the home's infection control program as inadequate. California DHS Is Piloting California DHS officials recognized that the state-in combination with alternative Enforcement HcFA's regional office-has not dealt effectively with persistently and 'rocedures Targeting a seriously noncompliant nursing homes. Therefore, beginning in July 1996 small Group of Most and with HCFA's approval, nets began a "focused enforcement" process that combines state and federal authority and action, targeting providers with 'eriously Deficient Biomes the worst compliance records for special attention. As a start, DHs has identified about 34 homes with the worst compliance histories-approximately 2 in each of its districts. Officials intend to conduct standard surveys of these homes about every 6 months, rather than the normal 9-to-15-month frequency. In addition, nxs expects to conduct more complete on-site reviews of homes for all complaints received about these homes. AHS officials also told us that the agency is developing procedures-consistent with xcFA regulations implementing osRA 87 reforms-to ensure that, where appropriate, civil monetary penalties and other sanctions stronger than a corrective action plan will be used to bring such homes into compliance and keep them compliant. In addition, DHs has begun to screen the compliance history of homes by owner-both in California and nationally-before granting new licenses to operate nursing homes in the state. State officials told us that they will require all homes with the same owner to be in substantial compliance before any new licenses are granted. iOYlCIllS101[iS and The responsibility to protect nursing home residents, among the most vulnerable members of our society, rests with nursing homes and with teCOIi mendations HCFA and the states. In a number of cases, this responsibility has not been met in California. We and state surveyors found cases in which residents who needed help were not provided basic care-not helped to eat or s drink; not kept dry, clean, or free from feces and urine; not repositioned to prevent pressure sores; not monitored for the development of urinary tract infections; and not given pain medication when needed. As serious as the identified care problems are, many care problems may escape the scrutiny of surveyors. Homes can prepare for surveyors' annual visits because of their predictable timing. Homes can also adjust resident records to improve the overall impression of the home's care. In addition, Page 14 GAO✓r-HIMS-98-219 ~M-Nll I MIC -11110M h California Nursing Homes: Federal and State Oversight Inadequate to Protect Residents in Homes With Serious Care Violations DHS surveyors can overlook significant findings because the federal survey protocol they follow does not rely on an adequate sample for detecting potential problems and their prevalence. Together, these factors can mask significant care problems from the view of federal and state regulators. HCFA needs to reconsider its forgiving stance toward homes with serious, recurring violations. Federal policies regarding a grace period to correct deficiencies and to accept a home's report of compliance without an on-site review can be useful policies, given resource constraints, when applied to homes with less serious problems. However, regardless of resource constraints, HeFA and DHs need to ensure that their oversight efforts are directed at homes with serious and recurring violations and that policies developed for homes with less serious problems are not applied to them. Under current policies and practices, noncompliant homes that DHs identifies as having harmed or put residents in immediate danger have little incentive to sustain compliance, once achieved, because they may face no consequences for their next episode of noncompliance. Our findings regarding homes that repeatedly harmed residents or were reinstated after termination suggest that the goal of sustained compliance often eludes HeFA and Deis. Failure to bring such homes into compliance limits the ability of federal and state regulators to protect the welfare and safety of residents. Our report makes recommendations to the HeFA Administrator to address these issues. Although our report focuses on selected nursing homes in California, the problems we identified are indicative of systemic survey and enforcement weaknesses. Our recommendations therefore target federal guidance in general so that improvements are available to any state experiencing problems with seriously noncompliant homes. Thus, through HCFA's leadership, federal and state oversight of nursing homes can be strengthened nationally and residents nationwide can erg oy increased protection. In summary, we are recommending that HCFA revise its guidance to states in order to reduce the predictability of on-site reviews, possibly by staggering the schedule or segmenting the survey into two or more reviews; revise methods for sampling resident cases to better identify the potential for and prevalence of care problems; and, for those homes with a history of serious and repeated deficiencies, eliminate the offer of a grace period for resuming compliance and substantiate all of the home's reports of resumed compliance with an on-site review. Page 15 GAO/r-HERS-913-219 California Nursing Homes: Federal and State Oversight Inadequate to Protest Residents in Homes WiCt Serious Care Violations i I I liCFA, Deis, and nursing home industry representatives have reviewed our report. Acknowledging that the findings were troubling, HCFA officials I informed us that they are planning to make several modifications in their survey and enforcement process. lDHs also suggested a number of changes-in addition to its new, focused enforcement program intended to improve the federal survey and enforcement process. Last week, the administration announced a series of actions related to federal oversight of nursing homes, including night and weekend survey visits and increased inspection of homes with a record of noncompliance. HCFA, DHS, and industry representatives generally concurred with our recommendations, although both xcFA and DHS expressed some reservations about segmenting the standard survey. They contend that dividing the survey into two or more reviews would make it less effective and more expensive. However, we believe that this option-which could largely eliminate the predictability issue and increase the frequency of surveyors' presence at problem homes-warrants consideration of the benefits to be derived relative to the disadvantages that were raised. Finally, despite the survey and enforcement modifications promised by HCFA and DHS, we remain concerned about the gap between stated goals and results. In 1995, HcFA enunciated its emphasis on encouraging sustained compliance and appropriately sanctioning deficient providers. Its practices since that time, however, argue for swift and significant changes, as illustrated in California by the persistence of problem homes with little federal sanctioning. We support the administration's recent initiative to strengthen the survey and enforcement process. However, we also believe that continued vigilance by the Congress is needed to ensure that the promised changes in federal and state oversight of nursing home care are implemented. Mr. Chairman, this concludes my prepared statement. I would be happy to answer any questions you or the Committee Members may have. ~pe7a7D Page 16 GAO/1=BEES-95-819 4~- To: David Scott, Tigard Building Official I / (q l Mayor and City Councilors From: Sheila Fink, CPAH Re: Community Housing Task Force Report Date: January 19, 1999 1 have appreciated the opportunity to participate in the Community Housing Task Force (CHTF) on behalf of Community Partners for Affordable Housing, I nc. (CPAH) over the past year. I believe the City of Tigard effectively assembled a diverse group of players in the housing arena who worked with staff to develop a housing code which will protect the interests of our community. David Scott worked diligently as staff to bring the necessary background and analysis to the group so that thoughtful decisions could be made. Since I am unable to join you in your discussion of the proposed code tonight, I wanted to take the opportunity to high a few key issues from CPAH's perspective: Our goal in initially recommending the development of such an ordinance was to ensure the health and safety of Tigard's existing and future residents, primarily in rental properties. Obviously, larger multifamily projects which are 20+ years old are the most likely to suffer deferred maintenance. In many cases, owners of these properties have long since exhausted investment and tax value from the properties, and they are in a downward spiral, which can lead to health and safety concerns for the community. Some of these properties were not well built from the start, and deferred maintenance makes for a very challenging "correction." The CHTF agreed with staff that the code should become a tool for educating our community, particularly owners of rental properties and residents, about how they can keep their properties safe. Having to draw upon enforcement penalties and powers will be expensive and risky for the City. Taken to its extreme, the end result of enforcing the code strictly could lead to the demise of some of our affordable housing stock. I am certain this is not the ultimate goal of staff, Council or the Task Force. Any loss of units from our already short supply would have disastrous effects on current residents, and our community as a whole. It will require reasoned discretion on the part of staff and Council to determine the Code's ultimate usefulness. All owners must be treated equally under the law, despite their good or bad intentions. It is particularly hard when we see property owners such as the Newmarks recently, who were able to give $650,000 to Portland's Performing Arts Center, but are reportedly unable to make basic repairs on their Aloha properties including holes in the walls and ceilings, lack of gutters, inoperable toilets, etc. On the other hand, we have projects close to home which in all likelihood are not producing the cash flow required to make needed repairs. We must act cautiously to effect needed repairs without a total loss of housing units. While we are not proposing that you adopt a Replacement Ordinance in Tigard (and we doubt you would want to), we do propose a commitment on the part of the Council that any units lost because of a Housing Code you adopt, will be replaced in such a manner that current residents are protected. Language to this effect should be placed in your resolution adopting such a Code. Other cities throughout Oregon are watching Tigard with interest. Multifamily trade groups are monitoring the development of this Housing Code, and will anxiously watch your implementation of it. Your intent should be clear, and communication ongoing. We look forward to continuing to work with you during the coming years. Thanks again, for your willingness to include CPAH in this important work. C ommunity -1? artner5 for 'A► ffordable IBM Emb. M o u S i n g , inc. P.U. Box 23206 ■ Tigard, OR 97281-3206 ■ 503/968-CPAH (2724) LM Cop~ & THE REPORT OFOUSING COMMUSK 0Low RC TA JANUARY X999 ORDER of ge ask Force char T .Force proce5t~ ~ Underlyln9 Criteria F mmendat~ons SOCIecO alCare Fa~~~~ti~es ent Issue • Occupant D~SP~acem Comments • Member dings and DereVIct 13UM DangefOus TASK FORCE CHARGE • How comprehensive should a housing program be in Tigard? • How often should targeted units be inspected? a fully • Should inspections covebf abil t issues, or comprehensive list of ha y should only certain limited issues be covered? 9 Should the program be fully proactive, only reactive or some combination thereof? 9 How should a housing program be funded? .ago Sb C 111111111im 11,1111 1 0-0-51101 0 0-0.01 WII ~ninnum standard of a codified ►r housing? for existing ~ Should there be and sanitation habitabi~i~y, Safety standard of habitability, What is the Minimum ~ it yes, be covered? safety and sanitaoioe~`es should What types °f gr P be en{orced 0 ordinance ed? e How should the red to be app~t ~ What resources n ram? ~ What. is the cost flf the program? be funded? Housing be adopted? ~ How should the t rogram pot+cies should b ~ ha P UNDERLYING CRITERIA The program should be equitable for all property owners and residents of Tigard Specific provisions of the ordinance should be limited to these necessary to provide for minimum standards of safety, sanitation and habitability NMI KE=qk E UA*mlv& U" RVmI n m E N Num' AT 10 &NN S Adopt the proposed ordinance crating property maintenance provisions for existing housing • Adopt the pr oposed resolution stipulating program implementation policies row& P~T UN MENU RECO Ow on 1110 en$0rced and 0 -Tihe rode w~~~ be, only ~,hen a rmed inspections Pevio • t ~r referral is receave ~~d complaineCtOCS is allowed Self-referral by e ~ viol 0are obser When obv►Ous no anonyMOu can COmp~aan p,,yone complainant9 S na~e ompla;~,ts allowed Ia w) c tllO\Jvec' o eXtent aproteCted MOM mom -Now DATIONS REC0tAMtIq ►nVestigatior~ cific complaint and WON Pr°pe~'y Spy ned to procedures besig unity to comply Owners the OPP orma~" ~n§orceme~'t S $o outside Of the ensuring tenant acces procesS' while and timely prog,aal the program response N E UA I KEU0 Staff program with one inspector and required resources lan„ With the Establish "relocation p ties County and other ag $10,000 for an emergency ApPrOpriate housing fund to PrOvIde for tempera emergency and/or immediate repairs in situations MIR w M"Eu"U" M M S N D A T I `0 UO4 SupPv%ortall program costs from the general fund (approximately $70K) Apply any penalties collected from the Civil Infractions process to the general fund Implement program 4/1/99 CARE FACILImflaQ C IAL bu • Defined generally as group- living facilities regulated by • Most of these facilities are and xisting state and federal licensing e funding. programs 0 social Care Facilaility stakeholders apposed to inclusion in program )t~CILITIES OCIAL CARE SIMMONS Task Force recornends inclusion I occupanc,e s • Institutional occu exeanciesmpted in building rode) ~ indicates that iicensirg P roposed code cedence when 5imila anrules takepre both rules items are addressed by code sruTC z`r'rsrrsar Musa JES I P~ .SOG Ot ttiis yond t he SCOp • tional uses are be original dhafge • ►nst~tu Ce and the ui~ements for type ,~f ardinan evaluate req Force to e the Task Maintenance °f residential us the ~ all tYPes of e for TI9ard to enclu e ~f the ~#.ab1 scop ~ Itis e ~+U" it hin the existing reside"~ial ~~g~rdless oj other Ordi►~anc nisms rr►echa regulato~°l FACIL OCIAL iiiiiiiiiIill 1111110111111111011 Will not conflict Wa-~igard s ordonance therefore, inclusion f different licensing requirements, r o not add an additional jaye d oes but rather a compiimentary layer regulation, ocal resp may be an iM90vtant o~siveneSS elation Of ~ L Vic k , n~'~' component of the over- g fir a licensed facilities solution of issues confrontationae r OCCUPANT DISPLACEMENT issaV-00 quode provides for vacation of units when conditions indicate •Vacation raises issue of occupant displacement 6,owner responsible ""N -r -rrrrTr"r%r.TTT OCCUPANT DISPLACEMENT ISSUE *Problems may arise *City should have paRnerships in place to assist displaced occupants eEmergen%.,,.y Fund EREL US pt4iD.0 pj4GERO tv%- Q ~~IL ~ Not pad 0f Tasy Force work dinanCe Gates all ildings In ~ proposed or eX~sting bu gro\jIsIons regarding one Chapter •D buildings grovisions angerous unchanged 0i buildings fiiDerdlctl 0 t4evv class buildings DANGEROUS AND DERELICT BUILDINGS oKesidential buildings 50°/o unoccupied oOther buildings 100% unoccupied S ANA DERELICT U G EKU UjLjDjt4GS Building Official, or .Ordered vacant by InfracCion, or Notice A Nas of ~ , or Is unsecured unless required bY Bu"'Sing ~ IS Boarded l 0ji-16tal), 01 had a nuisance d eclared ~ Whj1e vacant, by 0 ty AGENDA, ITEM # FOR AGENDA OF January 19, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolution of the Tigard City Council in opposition to legislation creating a new state board toreate building code activities in the Portland metro Titan area. PREPARED BY: David Scott DEPT HEAD OK /&/&//`CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council oppose legislation creating a new state board to regulate building code activities in the Portland metropolitan area, and support the establishment of an intergovernmental agreement to enhance consistency and services in the building code enforcement in the area. STAFF RECOMMENDATION Direct staff to prepare the attached resolution for adoption at the January 26, 1999, Business Meeting. INFORMATION SUMMARY The last legislature created a Task Force to study the issue of building regulatory services in the Portland Metropolitan area. Mayor Nicoli was appointed to serve on the Task Force. The Task Force identified several areas for improving consistency and services within the region. However, the Task Force voted to forward a legislative proposal (LC 518) which proposes the creation of another state board to oversee local operations and implement the consistency and service improvements. All local government representatives on the Task Force voted against this proposal. Local government agrees with the service concepts of LC 518, but not the mechanism for achieving them. Rather, an IGA between jurisdictions is preferred. The attached "Local Government Review of LC 518" provides a detailed discussion. OTHER ALTERNATIVES CONSIDERED None. FISCAL NOTES No fiscal impact. I. I ci"idelsum11191c518. doc LOCAL GOVERNMENT REVIEW OF LC 518: 4• Support the goals of LC 518 The metro area building departments support the primary service concepts of LC 518. In fact progress has already been made on coordinating application forms and procedures. Once completed, examining other procedures that can be simplified and coordinated could follow this effort. ❖ Support Public Private Partnership The building departments also are supportive of partnership efforts with industry to provide input to further cooperative efforts. This can be accomplished in a number of ways beyond that prescribed by LC 518. Excessive Authority The duties assigned to the Tri County Building Industry Service Board far exceed the services outlined. In particular, local governments are concerned about the role suggested for this board in reviewing audits [provided for under SB 35 and reserved to BCD] Lnd the adoption of rules for effective and efficient administration of building departments. ✓ How do we insure consistency if both BCD and its three boards as well as this regional board are adopting rules/ ✓ Currently the Oregon Statutes and Administrative Rules grant to local government the authority to manage their internal administrative functions. With a regional body being inserted into this function how do we also insure timely operations? ❖ LC 518 Doesn't Address Certification Concerns By creating this board, incorporating it within BCD and giving it authority to determine who is eligible to sit for certification exams, the committee has not addressed local government concerns about the current lack of timely response from BCD on certification of inspectors and plans examiners. ❖ Can We Do It Better Locally The local building departments feel that the basic goals of LC 518 can be achieved more effectively with a less costly, local response. The goals of LC 518 can be met i through a local intergovernmental agreement that creates a local partnership board with industry. ~ I ~i CITY OF TIGARD, OREGON low Rk A F T RESOLUTION NO. 98- A RESOLUTION OF THE TIGARD CITY COUNCIL OPPOSING LEGISLATION CREATING A NEW STATE BOARD TO REGULATE BUILDING CODE ACTIVITIES IN THE PORTLAND METROPOLITAN AREA, AND SUPPORTING THE ESTABLISHMENT OF AN INTERGOVERNMENTAL AGREEMENT TO ENHANCE CONSISTENCY AND SERVICES IN BUILDING CODE ENFORCEMENT. WHEREAS, it has been proposed that the 1999 Legislature enact a law creating a new State Board to coordinate building code activities in the Portland metropolitan area; and WHEREAS, based upon the described duties and authority of such a State Board, the City believes that the detrimental effects of the proposed legislation will outweigh its benefits; and WHEREAS, the Tigard City Council desires to go on record as opposing such legislation which includes provisions which are detrimental to the interests of the City and the public it serves; and WHEREAS, the Tigard City Council supports the concept of an intergovernmental agreement among jurisdictions in Clackamas, Multnomah and Washington Counties to enhance consistency and services in building code enforcement; BE IT RESOLVED by the Tigard City Council that: Section 1. The City Council opposes any legislation creating a new State Board to regulate building code activities within the Portland metropolitan area, to the extent that such legislation: a. Creates another layer of government relating to building code regulation; b. Decreases local control of building code administration and erodes the ability of local jurisdictions to provide development services; C. Increases building permit costs to subsidize the operations of another State Board; d. Affects the authority of local jurisdictions to set fees to meet local needs; e. Creates a second entity with authority to license inspectors and plan examiners; or f. Creates a second code interpretation board within the state. Section 2 The Tigard City Council supports the concept of an intergovernmental agreement among jurisdictions in Clackamas, Multnomah and Washington Counties, having the objective of RESOLUTION NO. 99- i:witywid6resU 261c518.doc Page 1 w a. Developing common building permit application forms and information packets on plan submittal requirements, together with a common "job card" for on-site inspections; b. Developing standardized minor label forms, a standard database for tracking labels and procedures for directing labels to the appropriate jurisdiction; C. Establishing a tri-county plan review training program; d. Creating a timely, responsive dispute resolution process; and, e. Pursuing other means of eahancing consistency and services in building code regulation. PASSED: This day of 1999. Mayor - City o Tigard ATTEST: City Recorder - City o Tigard RESOLUTION NO. 99- c\citywidekeaU261csl8.doc Page 2 ii J AGENDA ITEM # FOR AGENDA OF January 19. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Staff report regarding a proposed increase in building. mechanical plumbing. electrical permit and related fees. PREPARED BY: David ScottDEPT HEAD OK #0- CITY MGR OK ISSUE BEFORE THE COUNCIL Consider a proposed increase in building, mechanical, plumbing, electrical permit and related fees. STAFF RECOMMENDATION Accept the staff recommendations regarding the fee increase and schedule the matter for public hearing at the February 9, 1999 business meeting. INFORMATION SUMMARY It is the policy of the City to charge those fees necessary to cover the cost of service provision. Existing building fees are not adequate to cover program costs. Current fees cover roughly 75% of program costs. The proposed fees will cover 100% of costs and build approximately a nine-month operating reserve. The fee increase proposed will enable the City to continue to provide building code services into the future. Attached is a memo summarizing the major points of the proposed increase. Also attached is the complete staff report, including an executive summary. OTHER ALTERNATIVES CONSIDERED 1. Use a general fund subsidy to cover costs of providing building program services. 2. Significantly reduce City service standards. FISCAL NOTES The fees proposed will increase City program revenue to allow for the continued provision of program services. The attached staff report on the fee proposal provides significant detail regarding specific fees and funds. 1 I:Jc1tyw1deJsum~119tI4fee.doc di lum CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council FROM: David Scott, Building Official DATE: January 19, 1999 SUBJECT: Proposed Building Fee Increase It is the policy of the City to recover costs associated with the building code administration program from program fees. It is also the policy of the City to provide a high level of service for this program and to continually seek ways to enhance services. Existing fees cover approximately 75% of program costs. A cost of service analysis was performed to determine appropriate fees to cover program costs. The proposed fees cover 100% of program costs and build and maintain approximately a nine-month operating reserve. The cost of service analysis utilized a two-pronged approach: • first, 22 specific services were analyzed • second, over-all program costs, revenues and fund balances were projected The analysis revealed that: existing fees do not cover costs for providing the specific services analyzed • the program cannot continue to provide the current high level of service without fee increases Based upon the analysis, it is recommended that: • existing service levels be maintained • 100% of costs be recovered from fees • a nine-month operating reserve be established and maintained The following fee increases are necessary to achieve these recommendations: • Building 127% on average • Mechanical127% on average • Plumbing 67% on average • Electrical 20% on average Attached is a letter from Grigsby Construction, the draft ordinance and resolution and the complete Task Force report, including an executive summary. eRIGSBY CONSTRUCTION PO BOX 1849 LAKE OSWEGO, OR 97035 503 675-8000 FAX 675-8181 January 6, 1999 Mr. David Scott Building Official City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Proposed Fee Increase for City of Tigard Dear Mr. Scott: Thank you for including contractors and developers in the discussion about raising fees for service. We are both. The level of evaluation you have provided is impres- sive. Some thoughts about this document and the proposed increases: 1. The proposed increases are v r large by percentage. Some may be shocked. If these increases are truly cost justified, a phase-in period should be considered. 2. It might make more sense to look at the issue of fees within a broader context, say Washington County or METRO. I believe it is inherently dangerous for one municipality to jack up fees without regard to what adjacent cities or counties are charging. Many property owners and developers believe this is a not-so-subtle i way to divert development to other areas effectively creating a "no-growth" envi- ronment. i 3. If owners or developers really have to pay these new fees the City of Tigard should be prepared to provide something by way of increased service. Your Ex- ecutive Summary addresses Customer Service Standards. Time is money in building development. If you can cut-off some time from the process by charg- ing higher fees, that may be a good trade-off. What makes owners and develop- ers crazy is just paying more fees for the same old crummy service. Serving the Pacific Northwest for Over 50 years GRIGSBY CONSTRUCTION Mr. David Scott Page 2 4. The City of Tigard could be a model for a re-designed building department. If you promise 4-6 wee'.cs to do something, do it! If that takes overtime or more re- sources so be it. Tigard's credibility is an important consideration when pro- posing fee increases. Tigard does not enjoy great credibility with the design and construction community for meeting deadlines or fulfilling promises, although they are known as nice people to deal with relative to certain other municipali- ties. 5. I doubt that anyone would fault Tigard's desire to recover 100% of the cost of doing business without subsidies. Every government program now days must carry its' own weight. Having said that, it is critical that any fees assessed be computed quickly, easily and accurately. This is especially true of System De- velopment Fees which are enormous and often enough to stop a project from being financially feasible. A project developer should be able to get all the fees required for his/her project upfront and be able to count on them to be accurate when the time comes to build. Thanks for your in*erest and concern. Please call me at 675-8000 if you need more information. Best regards, Richard P. Grigs y, . . President CITY OF TIGARD, OREGON ORDINANCE NO. 99-- Eft mom, Un"AFT AN ORDINANCE AMENDING TITLE 14 OF THE TIGARD MUNICIPAL CODE TO PROVIDE THAT FEES FOR THE BUILDING CODE ADMINISTRATION PROGRAM BE ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL. WHEREAS, Tigard Municipal Code Title 14 "Buildings and Construction," provides regulations for building and construction; and WHEREAS, Title'14 provides for electrical fees to be established by resolution of the City Council; and WHEREAS, Title 14 does not provide for other building code administration program fees to be provided by resolution of the City Council; and WHEREAS, the City Council desires to establish said fees by its own resolution; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. Title 14 Section 14.040.040 is amended by adding paragraph (c) as follows: Fees for permits and other related services pursuant to the building code administration program shall be established by resolution of the City Council. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1999. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this _ day of , 1999. James Nicoli, Mayor Approved as to form: City Attorney Date iVdd~14rae.da ORDINANCE No. 99- Page 1 CITY OF TIGARD, OREGON RESOLUTION NO. 99- T A RESOLUTION ESTABLISHING BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL PERMIT AND RELATED FEES WHEREAS, building regulatory services are solely fee supported; and WHEREAS, Subsection (c) of Section 14.04.040 and subsection (g) of Section 14.04.065 of Title 14 of Tigard Municipal Code indicates that fees for building code program administration shall be established by resolution of the City Council; and WHEREAS, Section 3.32 of the Tigard Municipal Code grants the City Council the authority to set rates for fees and charges by resolution; and WHEREAS, Tigard must assess those fees necessary to recover costs associated with the building code administration program; and WHEREAS, the Tigard City Council reviewed a cost analysis of building code administration activities on January 19, 1999 and February 9, 1999; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: fees for services provided under the building code administration program shall be as follows: Plumbing Fees: Description: Proposed Fee: New Single-Family: 1 Bath $235.00 2 Bath 325.00 3 Bath 375.00 FIXTURES individual Sink 15.00 Lavatory 15.00 Tub or Tub/Shower Comb. 15.00 Shower Only 15.00 Water Closet 15.00 Dishwasher 15.00 Garbage Disposal 15.00 Washing Machine 15.00 Floor Drain/Floor Sink 2" 15.00 3" 15.00 4" 15.00 Water Heater 15.00 Laundry Room Tray 15.00 Urinal 15.00 Other Fixtures 15.00 RESOLUTION NO.99-_ Page 1 Plumbing Fees: Description: Proposed Fee: Sewer - 1st 100' 45.00 Sewer - each additional 100' 35.00 Water Service - 1st 100' 45.00 Water Service - each additional 200' 35.00 Storm & Rain Drain - 1st 100' 45.00 Storm & Rain Drain - each additional 100' 35.00 Mobile Home Space 35.00 Commercial Backflow Prevention Device or Anti-Pollution Device 35.00 Residential Backflow Prevention Device 25.00 An Trap or Waste Not Connected to a Fixture 15.00 Catch Basin 15.00 Ins p. of Existing Plumbing 50.00/hr Specialty Requested Inspections 50.00/hr Rain Drain, single family dwelling 45.00 Grease Traps 15.00 Minimum Permit Fee 50.00 Minimum Permit Fee Residential Backflow 25.00 Plan Review 25% of Permit Fee Mechanical Fees: Description Proposed Fee A Permit Issuance Fee $23.50 1 Furnace to 100,000 BTU including ducts & vents 14.80 2 Furnace 100,000 BTU+ including ducts & vents 18.20 3 Floor Furnace including vent 14.80 4 Suspended heater, wall heater or floor mounted heater 14.80 5 Vent not included in appliance permit 7.25 6 <3HP; absorb unit to 100K BTU 14.70 7 3-15 HP; absorb unit 100k to 500k BTU 27.15 8 15-30 HP; absorb unit.5 -1 mil BTU 37.25 9 30-50 HP; absorb unit 1-1.75 mil BTU 55.A5 10 >50HP; absorb unit >1.75 mil BTU 92.65 11 Air handling unit to 10,000 CFM 10.65 12 Air handling unit 10,000 CFM+ 16.10 13 Non-portable evaporate cooler 10.65 14 Vent fan connected to a single duct 7.25 15 Ventilations stem not included in appliance permit 10.65 16 Hood served b mechanical exhaust 10.65 17 Domestic incinerators 18.20 18 Commercial or industrial type incinerator 71.10 19 Repair units 13.70 20 Wood stove 10.65 21 Clothes er, etc. 10.65 22 Other units 10.65 23 Gas piping one to four outlets 4.75 RESOLUTION NO.99 Page 2 Mechanical Fees: Description Proposed Fee 24) More than 4-per outlet each 1.20 25 Hazardous Process Piping System HPP of one to four outlets 5.00 26 Hazardous Process Piping System HPP of five or more outlets, per outlet 1.00 27) For each appliance or piece of equipment regulated by the Mechanical 10.65 Code but not classed in other appliance categories, or for which no other fee is listed in the table Minimum Permit Fee $50.00 B Plan review 25% of Permit Fee Other Inspections and Fees: I . Inspections outside of normal business hours (minimum charge - two hours) $50.00 per hour 2. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) $50.00 each 3. Additional plan review required by changes, additions or revisions to plans minimum charge - one-half hour) 1 $50.00 per hour Building Fees: Valuation shall be determined by the most recent edition of "Building Valuation Data" published by the International Conference of Building Officials, using ood" construction and the Oregon modifier. Total Valuation Proposed Fee $1.00 to $500.00 $50.00 $501.00 to $2,000 $23.50 for the first $500.00 plus $3.05 for each additional $100 or fraction thereof, to and including $2,000 $50.00 minimum $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $14.00 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001.00 to $100,000 $643.75 for the first $100,000.00 plus $7.00 for each additional $1,000 or fraction thereof, to and including $500,000 $100,001.00 to $500,000.00 $993.75 for the first $500,000.00 plus $5.60 for each additional $1,000 or fraction thereof, to and including $1,000,000 $500,001.00 to $1,000,000.00 $3,223.75 for the first $500,000.00 plus $4.75 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000 or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge - two hours) $50.00 per hour a 2. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) $50.00 per hour 3. Additional plan review required by changes, additions or revisions to plans minimum charge - one-half hour) 1 $50.00 per hour RESOLUTION NO.99 Page 3 4. Manufactured dwelling installation 5. Manufactured dwelling and mobile home parks, $235.00 recreation parks and organizational camps Fee er OAR Electrical Fees: 1. New residential, single or multi-family per dwelling unit; service included: A. 1000 square feet or less $132.00 B. Each additional 500 square feet or portion thereof 30.00 C. Limited energy 60.00 D. Each manufactured home or modular dwelling service or feeder 82.00 2. Services or feeders; installation, alterations or relocation: A. 200 amps or less 72.00 B. 201 amps to 400 amps 96.00 C. 401 amps to 600 amps 144.00 D. 601 amps to 1000 amps 216.00 E. Over 1000 amps or volts 408.00 F. Reconnect only 60.00 3. Temporary services or feeders; installation, alteration or relocation: A. 200 amps or less 60.00 B. 201 amps to 400 amps 90.00 C. 401 amps to 600 amps 120.00 D. Over 600 amps to 100 volts (see 2 above) 4. Branch circuits; new, alteration or extension per panel: A. With purchase of service or feeder - each branch circuit 6.00 B. Without purchase of service or feeder First branch circuit 42.00 Each additional branch circuit 6.00 5. Miscellaneous (service or feeder not included): A. Each pump or irrigation circuit 48.00 B. Each sign or outline lighting 48.00 C. Signal circuit(s) or a limited energy panel, alteration or extension 60.00 D. Each additional inspection over the allowable in any of the above (min 1 hr) i) Per inspection 50.00 ii) Per hour 50.00 E. Industrial Plant Inspection $66.00 per hour including travel and office time with a minimum charge of 1 hour F. Electrical permit plan review fee: Plan review fees shall be 25 percent of the electrical permit fee. G. Minor Labels: $120.00 for ten labels. RESOLUTION NO.99 Page 4 Miscellaneous Fees: Description Proposed Fee Re-inspection: Building $50.00 Mechanical $50.00 Plumbing $50.00 Electrical $50.00 Temporary Occupancy $90.00 Phased Occupancy $200.00 Permit or Plan Review Extension $30.00 Address Change $65.00 Research on non-current permits $45.00 per hour minimum one hour, charged in one hour increments Fee paid inspections for residential structures pursuant to Title 14, Chapter 16 ■ Single and Two Family Dwellings $100.00 ■ Apartment Houses and Social Care Facilities $160.00, plus $7 for each dwelling unit in excess of 3 a Hotels $160.00, plus $5 for each dwelling unit in excess of 5 Classification. The City Council has determined that the fees imposed by this resolution are not taxes subject to the property tax limitations of Article XI, section l lb of the Oregon Constitution. PASSED: This day of 1999. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard JAdtywide\res\29t14fee.doc RESOLUTION NO.99-_ Page 5 SERVICE COST AND FUND ANALYSIS: REPORT TO THE CITY COUNCIL. CITY OF TIGARD BUILDING DIVISION January 1999 Prepared by David Scott, Building Official H H q~ i TABLE OF CONTENTS Executive Summary P. 1 Customer Service Standards P. 1 Future Services p. 2 Reason for the Fee Analysis p. 2 Financial Implications p. 2 Constituent Feedback p. 4 Recommendation p. 4 Analysis p. 5 Background p. 5 Methodology p. 6 Cost of Service Analysis p. 7 Long Term Fund Status Analysis p. 7 Results/Conclusion p. 8 Building and Mechanical Fees P. 8 Plumbing Fees p. 10 Electrical Fees p. 11 Miscellaneous Fees p. 12 Over-all p. 14 Long-Term Outlook/Contingency p. 14 Alternatives p. 15 Recommendation/Proposed Fees p. 15 Appendix i IIMIIII EXECUTIVE SUMMARY: ® Customer Service Standards The City has adopted the following standards for building regulatory services: 1. Counter support and plans exam staff will be available from 8am to 5pm each business day. 2. The counter is staffed by the Development Services Team, which provides "one-stop" service for building, planning, engineering and other development and building related services. 3. Inspectors are available in the office mornings until approximately 9am and afternoons from 3:30 till 4pm. Inspectors are otherwise available by pager. 4. Inspection requests received by 7pm will be performed the following business day. AM/PM requests will be honored as practical, especially concrete pours. 5. Electrical permits not requiring plan review can be issued by mail, over the counter or fax (if contractor has a trust account). 6. Residential plumbing permits can be issued by mail or over the counter. 7. Residential mechanical permits can be issued by mail or over the counter. 8. Over the counter plan review/permit services are available on an appointment basis for certain commercial and residential building and commercial mechanical permits. 9. Initial processing of plans submitted for review will be completed within 2-3 working days for new construction and 1.5-2 working days for alterations/additions. 10. Plan review for single and two family dwellings will be completed within 2 weeks of initial processing (time until comments provided to applicant), re-reviews will be completed in a shorter timeframe. 11. Plan review for commercial tenant improvements not done over the counter will be completed within 1-3 weeks of initial processing (time until comments provided to applicant), re-reviews will be completed in a shorter timeframe. 12. Plan review for new commercial or multi-family projects will be completed within 4-6 weeks of initial processing (time until comments provided to applicant), re-reviews will be completed in a shorter timeframe. 13. Electrical and plumbing plan review will be completed within 1-2 weeks of initial processing. 14. Final permit processing after plan review approval will be completed within 2-3 working days for new construction and 1.5-2 working days for alterations/additions. It is noted that permit issuance is often dependent upon sign-offs from other departments and agencies beyond the scope of the Building Division or the City. 15. Phone inquiries to the Development Services general phone service line received between 8am and noon will be returned by 5pm the same business day. Calls received between noon and 5pm will be returned by noon the next business day. Calls to specific staff will be returned the same business day, generally. 16. The average counter wait time is 3 minutes. Maximum wait times at the counter will not exceed 20 minutes in times of extreme volume or limited coverage. -1- 17. An Inspection Supervisor, Plans Exam Supervisor and Development Services Supervisor (support team) are available as points of contact regarding unique problems or circumstances or for any reason. 18. Contract assistance is utilized when necessary to meet service standards. It is noted that at current staff and activity levels, service is being provided well within standards. 9 Future Services The City will be exploring the addition of an Interactive Voice Response System (IVR) to complement and enhance our inspection request and results services. Utilization of the Internet for inspection requests, permit application and other services will be explored. Y Reason for the Fee Analysis During 1998, the Community Development Department conducted this cost analysis review of building regulatory functions as a means of promoting sound fiscal decisions on budget, personnel and fee setting in the context of our service goals. A means of calculating direct and indirect costs was established and applied to a broad sampling of building regulatory functions. Because building regulatory functions are subsidized wholly by fees in special revenue funds, 100% over-all cost recovery was examined. Additionally, the long-range financial plan was examined to review the over-all fiscal condition of the special revenue funds related to building regulatory activities, with the goal of building appropriate reserves. Q Financial Implications Tigard's present fee schedules for building regulatory functions are as established by ORS, except for plumbing and electrical, which are currently established by City administrative action and resolution, respectively. ORS has limited building and mechanical permit and plan review fees to the 1979 ICBO fee schedules since 1980. Therefore, no increase in these fees has occurred since 1980. Valuation schedules (determined by the Building Official pursuant to the state code) from which building permit fees are determined have increased during that time, but this does not fully address the increasing costs of providing building regulatory services. This is because fees are determined from valuation using a sliding scale, therefore a 2% (i.e.) increase in valuation will not necessarily correlate to a 2% fee increase. Thus, building permit fees have not kept pace with inflation and rising service costs in spite of the valuation increases. For example, a small home permitted in 1980 was valued at $56,000. Using the current valuation table, the value would be $106, 500, a 90% increase in value. This can be compared to a 107% increase in the Portland Consumer Price Index over the same period (valuation has lagged the CPI slightly). However, this increased valuation has only resulted in current building permit and plan review fees 50% higher than what was collected in 1980. Also, for larger homes and commercial projects, the discrepancy between valuation increase and fee increase will widen, due to the sliding fee schedule. -2- MMJ Further, increased program costs since 1980 exceed simple inflationary pressures, due to the increasingly complex requirements of the codes and program requirements stipulated by the state. Plumbing fees were increased by roughly 29% in 1993 after no increase had occurred since the late 1980s. Electrical fees were established in FY 95 -96 (when Tigard assumed the program from the County) at the County rate in effect at the time. No increase in electrical fees has occurred since that time. Fees for manufactured dwellings, mobile home parks and other projects have been tied to what the state charges when providing the similar service. There are currently no fees for other miscellaneous services provided; such as temporary certificates of occupancy, records research unrelated to an active permit, permit and plan review extensions, phased occupancy and address changes. Since FY 96-97 all building regulatory activities have been accounted for in Special Revenue Funds, specifically, the Building and Electrical Inspection Funds. Beginning in June 1997 building regulatory functions in the Urban Services area (portion of unincorporated Washington County for which Tigard provides services via an IGA) have been accounted for in the Urban Services Fund. The Building Fund was dedicated as a matter of local policy directed at providing a more precise relationship between service, revenues and expenditures for building regulatory functions. The Electrical Inspection Fund is dedicated to electrical inspection activities as required by ORS. The Urban Services Fund is dedicated to provide for a separate accounting of services, revenues and expenditures for City activities in the Urban Services area. The IGA provides that Tigard will retain all fees associated with activity in the URB area as payment for providing the services. Because the primary purpose of this fund is to ensure that City funds were not subsidizing activities in the County, and vice versa, all revenues and expenditures associated with activity in the County have been included in the fund. Therefore, the Urban Services Fund does include revenues and costs from services other than building and electrical. Now that the URB Fund has been active for a year, the City is satisfied that the accounting procedures developed to implement this Fund are ensuring that City funds are not subsidizing County activities and vice versa. Similarly, the accounting procedures used to assign costs to the URB Fund and the fee structure in the URB area are ensuring that each activity is relatively self-supporting. To make this reporting more formal for electrical revenues and costs, the FY 1999/00 budget will include an URB Electrical Fund. The presentations included in this report which address the long-term outlook of these funds combines costs associated with building regulatory services in both Tigard and the URB area to provide information based upon function. Separate analyses ar,3 provided for both building and electrical ending balances. To date, no comprehensive cost analysis has been performed to determine the appropriate level of fees to cover costs associated with building regulatory functions. To recover 100% of over-all program costs, fully subsidize the program and build appropriate reserves, fees need to be increased the following percentages: o Building 127% on average • Mechanical 127% on average -3- • Plumbing 67% on average • Electrical 20% on average Additionally, it is proposed that fees be adjusted on an annual basis to account for inflationary pressures on expenses. The long-term analysis assumes a 4% increase each year beginning in fiscal year 00/01. Additionally, fees need to be charged for miscellaneous services currently provided at no charge. These fees are listed as part of Appendix "C." With implementation of the above noted fee increases the City will be able to continue providing services within its service goals, as described previously, and build reasonable reserves to subsidize short-term market fluctuations. Staffing levels and workload will be continuously monitored so an appropriate balance is maintained. Although the reserves are intended to sustain staff levels through downturns in activity, appropriate staffing adjustments will be made if long-term downturns are experienced. • Constituent Feedback As of 1/8/99 the following feed-back was received: 1. A letter from Grigsby Construction (attached). 2. A phone call from the staff for Associated Building Contractors (ABC). ABC will be forwarding written comments. 3. A phone call from the staff for the Home Builders Association of Metropolitan Portland (HBAMP). HBAMP will be forwarding written comments. These comments as well as any other feedback received by the January 19, 1999 work- session will be provided. • Recommendation 1. That the City of Tigard recover 100 percent of the over-all direct and indirect costs of building regulatory functions and build appropriate reserves by charging the appropriate fees. 2. That the City Council pass the attached ordinance and resolutions which set fees for building regulatory functions. -4- ANALYSIS: Background The primary duties of the building regulatory services program are plan review, permitting, inspection and related support functions. These activities are supported by fees. Current 'fees, however, do not cover all building regulatory costs. In spite of the fact that building and mechanical fees have not changed since 1979 and plumbing fees changed very little in 1993, building revenue in recent years has easily covered costs. This was due primarily to two factors: a very high level of development activity coupled with inadequate staffing (lower expenditures). During FY 97-98, work-load adjusted (some decrease in activity in Tigard coupled with added activity from the Urban Services area, with some added staff) such that work-load and staff levels are in the appropriate balance (with some room to accommodate some increase in activity). As a result, the impact of out-of-date fees was felt and revenue in FY 97-98 did not fully cover costs. This is to be expected considering current fee levels. According to Tigard Municipal Code Section 3.32.020, "The Tigard City Council shall have the authority to review and adopt by resolution rates for fees and charges reasonably related to the City's cost of service". The Code goes on in Section 3.32.030 to say: "(a) Rates shall be based upon the reasonably determined costs for service and shall be based on estimates from the current or proposed municipal budget for the following categories, as applicable: (1) Materials and services; (2) Capital outlay; (3) Indirect costs; (4) Depreciation costs; and (5) Personnel costs. (b)ln no case shall the rate for fees and charges exceed the reasonable costs for the service or services provided." In addition, 'The Council shall consider the following in adjustments to fees and charges: (a) the Portland Consumer Price Index; (b) the total wage increase in relevant union contracts; (c) cost for service analysis and (d) the provisions of Section 3.32.030." [TMC 3.32.050] Specific authority to assess and regulations regarding fees for building regulatory j activities are also stipulated in varying degree by ORS and OAR. ORS 455.020(4) provides for local authority to enact administrative provisions for the administration of the state building code, including fees and other charges. More specific authority and provisions for the individual codes are as follows: -5- • ORS 455.210(3) for building and mechanical. This section provides that any fees increased under this authority must be dedicated and for an appeal of fee increases to the State Building Codes Administrator, who would hold final adjudication on the increase. • ORS 479.845 contains similar provisions for electrical. • OAR 918-600-0030 contains local fee authority for Manufactured Dwelling Parks and Mobile Home Parks, as well as establishing fees used by the state. • OAR 918-650-0030 contains similar provisions for Recreation Parks and Organizational Camps. • OAR 918-500-0105 contains local fee authority for permits for specific manufactured dwelling sites, as well as establishing fees used by the state. • Plumbing fees are covered under the blanket authority provided in ORS 455.020(4) described above. ORS 294.160 - "Opportunity for public comment on new fee or fee increase" - provides that the City must provide an opportunity for interested persons to comment on the enactment of any ordinance or resolution prescribing a new fee or a fee increase. This background sets the context for the timeliness of this cost and fund viability analysis. • Methodology This analysis consists of two parts. The first is a cost of service analysis of a sampling of 21 specific building regulatory functions. These functions are: 1. Permit and inspection service for a plumbing permit for 2 fixtures at a house. 2. Permit and inspection service for a minor residential alteration. 3. Permit and inspection service for a plumbing permit for 7 fixtures in a commercial tenant improvement 4. Plan review, permit and inspection service for a plumbing permit for 11 fixtures and related water and sewer lines for a commercial building. 5. Over the counter plan review and permit service for a mechanical permit for one roof- top unit on a commercial bldg. 6. Permit and inspection service for a building permit for a small office building. 7. Various services for several permits for a major restaurant remodel. 8. Complete service for a new dwelling. 9. Plan review service for a commercial addition. 10. Plan review service for a new day care building. 11. Mechanical plan review service for a large commercial alteration. -6- 12. Permit and inspection service for an electrical permit for 4 circuits in a commercial alteration. 13. Permit and inspection service for an electrical permit for 2 circuits in a dwelling. 14. Inspection service for a public sewer connection permit. 15. Complete service for a change of address. 16. Reinspection beyond code allowed inspections. 17. Complete service for phasing occupancy on a multi-building project. 18. Complete service for processing a temporary certificate of occupancy. 19. Record retrieval service not related to active permit. 20. Plan review extension service. 21. Permit extension service. 22. Manufactured dwelling installation The second portion of the analysis is a review of the long-term financial outlook for building regulatory functions, given projected activity and the goal of building appropriate reserves. This analysis combines costs and revenues associated with building regulatory services in both Tigard and the URB area to provide information based upon function. Separate analyses are provided for both building and electrical ending balances. Implications of the Portland Consumer Price Index are also discussed in the analysis. Cost of Service Analysis: This analysis considered all direct and indirect costs for providing the specific services listed above. Direct costs are defined as wages and benefits plus materials, supplies, and capital outlay (depreciated). Hourly wage and benefit rates for the top of each job classification were used. Amounts for materials, supplies and capital outlay were scaled to the size of each service analyzed. Indirect costs consist of support functions required to maintain building regulatory functions. These include: attorney costs, records, insurance, building and fleet maintenance, computer and phone system, payroll, city and department administration, and administrative support. Allocated indirect costs to building regulatory functions was determined from the city's 1998-99 budget program matrix. The indirect cost for department administration is one-third of the CD Director and the Department Secretary and their related expenses. Based on the above, a per minute unit cost was then calculated for each position. This calculation is shown in Appendix "A." The cost of service calculations for the specific services are shown in Appendix "B." Long-Term Fund Status Analysis: Two scenarios were evaluated to determine the long-term financial outlook. First, ending balances and reserve levels were estimated assuming that the proposed fee increase is implemented. Second, ending balances and reserve levels were estimated assuming only -7- -1 =MJ a 4% fee increase for all existing fees, beginning in fiscal year 00/01. Estimates are shown in Appendix "D." v Results/Conclusion Building and Mechanical Fees: Technical review functions regarding building and mechanical permits and plans are dealt with by individuals who are typically certified in both of these areas. Also, Tigard's plans exam and inspection functions organizationally group building and mechanical functions, while treating plumbing and electrical separately. Additionally, the cost of service analysis shows that mechanical fees, including those proposed, do not come close to covering related costs. All fees from building and mechanical permits are held in the Building Fund. Therefore, this analysis combines building and mechanical costs and fees and considers them together. Following is a detailed discussion of specific cases analyzed which include building and mechanical fees. CASE 2: Minor Building Permit Single-Family As shown in the appendix, current flees only provide $38.50 of the $139.91 costs. The proposed fee increase of 116.23% would still only cover 59.5% of costs. It is acknowledged that fees for smaller permits generally do not cover costs and that fees from larger projects subsidize smaller jobs. Raising fees too high on smaller jobs can drive the work "underground." CASE 5: Mechanical Permit for One Roof Top Unit, Over-the-Counter Plan Review As shown in the appendix, current fees only provide $25.00 of the $103.96 permit related costs, and $6.25 of the $91.45 plan review related costs. The proposed fee increase of 137% for the permit and 537% for the plan review (includes a $25.00 "over-the-counter" fee) cover 56.99% and 43.53% of the permit and plan review costs, respectively. It is acknowledged that fees for smaller permits generally do not cover costs and that fees from larger projects subsidize smaller jobs. Raising fees too high on smaller jobs can drive the work "underground." CASE 6: Building Permit for New Small Office Building As shown in the appendix, current fees only provide $675.00 of the $1,365.18 permit related costs. The proposed fee increase of 127.53% covers 112.58% of costs, an appropriate recovery for a project this size. CASE 7.• Building and Mechanical Permits for Major Restaurant Tenant Improvement As shown in the appendix, current building permit fees cover only $1,183.00 of the $1,549.29 building permit related costs. The proposed 126% building permit fee increase would cover 172.58% of costs. The current building and fire and life safety plan review -8- fees cover only $1,242.15 of the $1,405.50 building and fire and life safety plan review cost. The proposed 126% building and fire and life safety plan review fee increase would cover 199.75% of costs. Clearly, for this type of job, the proposed building fees exceed costs. However, when combined with mechanical fees a closer match between costs and fees is seen. The current mechanical permit fee covers only $89.50 of the $783.01 mechanical permit related costs. The proposed 127.37% mechanical permit fee increase would cover only 26% of costs. All together, the proposed building and mechanical fees cover 152% of costs. This is an example of where a higher valued project subsidizes costs associated with smaller jobs. CASE 8: Building Fees for a New Single-Family Dwelling As shown in the appendix, current building permit and plan review fees cover only $666.5 and $432.25 of the $1,094.15 and $766.52 costs, respectively. The proposed 127% fee increase would cover 128% of building permit costs and 138% of plan review costs. Current mechanical permit and plan review fees cover only $48.00 and $12.00 of the $222.88 and $13.00 costs, respectively. The proposed 138.85% fee increase would cover 51.44% and 220.48% of mechanical permit and plan review costs, respectively. All together, the proposed building and mechanical fees cover 126% of costs. This is an example of how fees from more highly valued new construction somewhat subsidize costs for smaller jobs. CASE 9: Building Plan Review for Commercial Addition As shown in the appendix, current building and fire and life safety plan review fees only cover $646.56 of the $1,237.10 costs. The proposed 127.35% fee increase would cover 118.82% of costs. CASE 10: Building Plan Review for New Day Care Facility As shown in the appendix, current building and fire and life safety plan revi ~w fees only cover $1,095.65 of the $1,345.35 costs. The proposed 127% fee increase would cover 183.76% of costs. It is noted that mechanical fees and costs were not analyzed for this case, but that together, cost recovery would be better matched with costs. This is also an example of how fees-from more highly valued new construction somewhat subsidize costs for smaller jobs. CASE 11: Mechanical Plan Review for Large Commercial Alteration As shown in the appendix, current fees only cover $48.88 of the $574.65 costs. The proposed 140% fee increase would cover 20.42% of costs. It is noted that building permit and plan review fees would subsidize some of the mechanical costs. -9- CASE 22: Manufactured Dwelling Installation As shown in the appendix, current fees only cover $105.00 of the $232.10 costs. The proposed 123.81 % fee increase would cover 101.25% of costs. Over-all: Over-all, building and mechanical fees are not covering costs. The proposed fees will fully recover costs. It is acknowledged that building fees subsidize mechanical costs and that larger, more highly valued projects somewhat subsidize smaller and the very smallest jobs. It is not recommended to fully recover costs on smaller jobs so that the fee burden does not drive these jobs "underground." Proposed fees somewhat exceed costs in an effort to build an appropriate reserve fund balanc,a. Tigard has not issued permits for manufactured dwelling and mobile home parks or for recreation parks or organizational camps. Therefore, no basis exists to analyze the appropriate fees to cover these costs. King City may have a manufactured dwelling park in the future. It is not projected that Tigard will have any such facilities in the foreseeable future. Therefore, Tigard should adopt the fees for these permits as established by the state in OAR. Tigard issues permits for manufactured dwelling installations infrequently. The last permit was issued in December of 1996. Plumbing Fees: Plumbing fees are held in the Building Fund. However, plumbing functions are organizationally and primarily functionally separate from other functions, although much of the plumbing inspection work for single-family is done by building/mechanical inspectors who also have plumbing certification. Following is a detailed discussion of specific cases analyzed which include plumbing fees. CASE 9: Plumbing Permit for 2 Fixtures- .Single-Family As shown in the appendix, current fees only cover $27.00 of the $90.04 costs. The proposed 85% fee increase would cover 55.53% of costs. In this case, the proposed $50.00 fee would be the minimum fee for a plumbing permit. Higher fees for these smaller jobs are not recommended so that the fee burden does not drive these jobs "underground." CASE 3: Plumbing Permit for 7 Fixture - Commercial Tenant Improvement As shown in the appendix, current fees only cover $63.00 of the $1,17.68 costs. The proposed 66.67% fee increase would cover 89.23% of costs. It is noted that this is a smaller job and that larger jobs will tend to subsidize the smaller. -10- I I CASE 4: Plumbing Permit for 11 Fixtures and Various Sewer/Water Lines (Commercial) As shown in the appendix, current fees cover only $189.00 and $47.25 of the $267.22 and $73.80 permit and plan review costs, respectively. The proposed 58.73% fee increase would cover 112.27% and 101.63% of permit and plan review costs, respectively. This recovery is appropriate. CASE 7: Plumbing Permit for Major Restaurant Tenant Improvement As shown in the appendix, current fees only cover $385.00 of the $536.90 costs. The proposed 59.74% fee increase would cover 114.55% of costs. This recovery is appropriate. CASE 8: Plumbing Permit for a New Single-Family Dwelling As shown in the appendix, current fees cover only $225.00 of the $353.64 costs. The proposed 66.67% fee increase would cover 106.04% of costs. This recovery is appropriate. CASE 14: Sewer Inspection As shown in the appendix, current fees cover only $35.00 and $45.00 of the $54.36 and $66.01 of the single-family and commercial/multi-family costs, respectively. The proposed 42.86% and 44.44% fee increase would cover 91.98% and 98.47% of costs, respectively. Over-all. Over-all, plumbing fees are not covering costs. The proposed fees will fully recover costs. It is acknowledged that larger, more involved projects somewhat subsidize smaller and the very smallest jobs. It is not recommended to fully recover costs on smaller jobs so that the fee burden does not drive these jobs "underground." Proposed fees somewhat exceed costs in an effort to build an appropriate reserve fund balance. Electrical Fees: Electrical fees are held in the Electrical Funds. Electrical functions are organizationally and functionally separate from other functions, although a limited amount of single-family electrical inspections are performed by combination inspectors. Following is a detailed discussion of specific cases analyzed which include electrical fees. CASE 7. Electrical Permit for Major Restaurant Tenant Improvement As shown in the appendix, current fees cover $1,125.00 of the $727.25 costs. The proposed 59.74% fee increase would cover 185.63% of costs. This is an example of where a large electrical project subsidizes smaller jobs. -11- ti CASE 8: Electrical Permit for a New Single-Family Dwelling As shown in the appendix, current fees cover $235.00 and only $40.00 of the $229.18 and $77.26 electrical and limited energy permit costs, respectively. The proposed 19.15% and 50% fee increase would cover 122.17 and 77.66% of costs, respectively. Together, the proposed fees would cover 111 % of costs. This recovery is appropriate, especially since the analysis assumes only 1 limited energy system. CASE 12: Electrical Permit 4 Circuits for Commercial Tenant Improvement As shown in the appendix, the current fee covers only $50.00 of the $193.35 costs. The proposed 20% fee increase would cover 31 % of costs. This is an example of a smaller job not covering costs, acknowledging that larger jobs subsidize the smaller jobs. CASE 13: Electrical Permit 2 Circuits for Single-Family As shown in the appendix, the current fee covers only $40.00 of the $113.58 costs. The proposed 20% fee increase would cover 42.26% of costs. This is an example of a smaller job not covering costs, acknowledging that larger jobs subsidize the smaller jobs. Over-all. Over-all, electrical fees are not covering costs. The proposed fees will fully recover costs. It is acknowledged that larger, more involved projects somewhat subsidize smaller and the very smallest jobs. It is not recommended to fully recover costs on smaller jobs so that the fee burden does not drive these jobs "underground." Proposed fees somewhat exceed costs in an effort to build an appropriate reserve fund balance. Miscellaneous Fees: Following is a detailed discussion of specific cases analyzed for services for which no fee is currently assessed (re-inspection fees excepted). CASE 15: Address Change As shown in the appendix, costs associated with a change in address after permits and other documents have been created and utilized are approximately $67.20. The proposed $65.00 fee seeks to recover that cost. CASE 16: Re-inspection Fees As shown in the appendix, the current bui:ding, mechanical, plumbing and electrical re- inspection fees cover only $15.00, $15.00, $40.00 and $35.00 of the $55.28, $55.81, $55.81 and $57.03 costs, respectively. The proposed 233.33%,233.33%, 25% and 42.86% fee increases would cover 90.45%, 89.6%, 89.6% and 87.67% of costs, -12- respectively. Also, the proposed increase would establish the same re-inspection fee for all trades. Having different fees currently causes confusion. CASE 17: Phasing Occupancy As shown in the appendix, costs associated with phasing occupancy are approximately $219.00. The proposed $200.00 fee seeks to recover that cost. Phased occupancy occurs when a developer wishes to occupy a multiple building project building by building. This occurs primarily with apartments, condos and shopping centers. Additional staff effort beyond what is normally associated with occupancy review is required because when a developer phases occupancy, all site improvements are not in place as the first buildings are occupied and staff must work with the developer to "craft" unique site requirements and conditions for each phase of the occupancy, necessitating additional office and field work. CASE 18: Temporary Certificate of Occupancy As shown in the appendix, costs associated with processing a temporary certificate of occupancy are $89.70. The proposed $90.00 fee seeks to recover this cost. When a developer wishes to obtain a temporary certificate of occupancy before all aspects of the building are complete and signed-off, additional staff effort is required beyond what is associated with the final certificate of occupancy (which is included with the permit fee). Staff must carefully review the status of the project, solicit sign-offs from other divisions and departments and formulate a recommendation to the Building Official, who then must decide on the acceptability and appropriateness of a temporary occupancy. All work associated with the final occupancy still must occur. CASE 19: Records Search As shown in the appendix, the cost associated with records search and retrieval is $42.00 per hour. The proposed $50.00 per hour fee seeks to recover this cost. Records creation, retrieval and processing associated with an active case are included with the permit and plan review fees. However, customers often request information regarding projects which are not active. These customers may or may not be involved in the ownership of the i property. Such requests generate staff effort and it is appropriate to recover the associated cost. i CASE 20: Plan Review Extension i As shown in the appendix, the cost associated with a request for plan review extension is $52.50. The proposed $50.00 fee seeks to recover this cost. The code provides that the Building Official may grant extensions to plan review periods. This function is currently delegated to the Supervising Plans Examiner. Staff effort is required to evaluate and act on the extension request and it is appropriate to recover associated costs. -13- CASE 21: Permit Extension As shown in the appendi-:, the cost associated with a request for permit extension is $60.50. The proposed $50.00 fee seeks to recover this cost. The code provides that the Building Official may grant extensions to permits. This function is currently delegated to the Supervising Inspector. Staff effort is required to evaluate and act on the extension request and it is appropriate to recover associated costs. Over-all: Tigard's building regulatory fees do not currently cover the over-all cost of providing services at appropriate service and staffing levels. If the City Council wishes to maintain the high level of service in this area and recover all costs from fees, an increase in the fees charged is necessary. Long-term Outlook/Contingency: The relationship between the Building and Electrical Funds (Tigard activity) and the Urban Services Fund (Washington County activity) must be explained to fully understand the long-term financial outlook. The estimates to be discussed below assume certain activity levels in Tigard and the area of Washington County for which we provide service (URB). The assumptions for the URB area can only be based upon our experience over the last year. As such, there is the potential for differences between the relative proportion of activity in the two areas. Other factors, such as annexation in the URB area will contribute to differences between the actual proportions and our assumptions. However, expenses to the funds are apportioned according to the relative level of activity in each area. Therefore, increased expenses in the URB area will be accompanied by reduced expenses in Tigard (all else equal), and vice versa. The following discussion combines the building and electrical portions of Tigard and URB together to provide a comprehensive analysis of these functions. As noted previously, costs and revenues in Tigard and Washington County are accounted separately. Building The building component of our financial outlook will become insolvent almost immediately if the proposed fee increase is not implemented. At the end of FY 00/01, the ending balance will be in the red an amount equal to approximately one year's cost. Clearly, without the proposed fee increase or substantial general fund subsidy, the City will be unable to provide services. However, if the proposed fee increase is implemented, the ending balance will grow over the next four years to develop a 78% reserve, which will lower slightly to 69% in three more years. This is due to the estimated declining building activity in Tigard. If redevelopment and in-fill do not maintain current activity levels at that point, appropriate staffing adjustments will be made to maintain a healthy reserve. -14- Electrical The electrical component of our financial outlook will steadily dwindle its reserve and become insolvent within five years if the proposed fee increase is not implemented. The electrical component is in better shape than building because current electrical fees were adopted in 1995, compared to 1979 for building. However, if the proposed fee increase is implemented, electrical reserves will average 70% over the next four years. After this, the estimate shows that the reserve will begin to diminish. This is due to the estimated declining building activity in Tigard. If redevelopment and in-fill do not maintain current activity levels at that point, appropriate staffing adjustments will be made to maintain a healthy reserve. • Alternatives A. The City could adopt those fees necessary to cover costs for building regulatory services and to build appropriate reserves. B. The City could choose to make no change or a lesser increase in the fees charged for building regulatory services. This option would necessitate a reduction in service (cutting staff) or the provision of a general fund subsidy to maintain services. The general fund subsidy option is not recommended because the City previously created the Building Fund and Electrical Fund to provide for a segregated accounting of these services and costs and to promote a "fee for service" philosophy for building regulatory services. The Urban Services Fund should not be subsidized by the General Fund, an action which would co-mingle Tigard revenue to cover services provided in Washington County. Further, any reduction in staff not accompanied by a parallel reduction in service demand will result in a return to the over-taxed staffing patterns of the recent past, resulting in compromised service and regulatory function. • Recommendation/Proposed Fees It is recommended that the Council adopt the proposed fees presented in Resolution 99- -15- M M- 1-0 APPENDIX: Appendix A: Determination of Unit Staff Costs Appendix B: Detailed Cost Analysis of Service Costs for Selected Services Apj,.;ndix C: Proposed Fees Appendix D: Fund Outlook Charts ~~~~~~a~ ~1 1 DETERMINATION OF UNIT STAFF COSTS 1. DIRECT COSTS A. WAGES AND BENEFITS POSITION WAGES/BENEFITS # FTE POSITION WITH WITH BLDG SUPERVISOR OFFICIAL BUILDING INSPEC77ON ADMINISTRATIVE SPECIALIST it $ 45,052.80 1 $ 45,052.80 $ 51,234.37 $ 56,214.66 INSPECTOR I $ 55,244.80 2 $ 110,489.60 $ 125,649.56 $ 137,863.46 INSPECTOR II $ 63,460.80 3 $ 190,382.40 $ 216,504.22 $ 237,549.74 SENIOR INSPECTOR $ 69,638.40 3 $ 208,915.20 $ 237,579.85 $ 260,674.05 SUBTOTAL 9 $ 554,840.00 $ 630,968.00 $ 692,301.90 SUPERVISING INSPECTOR $ 76,128.00 1 $ 76,128.00 % SUPERVISING INSPECTOR TO EACH INSPECTION POSITION= 14% BUILDING PLAN REVIEW PLANS EXAMINER $ 62,004.80 1 $ 62,004.80 $ 87,999.94 $ 96,554.07 SENIOR PLANS EXAMINER $ 68,036.80 1 $ 68,036.80 $ 96,560.82 $ 105,947.11 SUPERVISING PLANS EXAMINER 20% LINE WORK $ 76,128.00 0.2 $ 15,225.60 $ 21,608.84 $ 23,709.35 SUBTOTAL 2.2 $ 145,267.20 $ 206,169.60 $ 226,210.53 SUPERVISING PLANS EXAMINER 80% SUPERVISORY $ 76,128.00 0.8 $ 60,902.40 % SUPERVISING PLANS EX. TO EACH PLANS EX. POSITION= 42% BUILDING SUPPORT/ADMIN ADMINISTRATIVE SPECIALIST 1 $ 39,457.60 0.5 $ 19,728.80 $ 21,646.56 ADMINISTRATIVE SPECIALIST it $ 45,052.80 1 $ 45,052.80 $ 49,432.20 SUBTOTAL 1.5 $ 64,781.60 $ 71,078.76 BUILDING OFFICIAL $ 87,672.00 1 $ 87,672.00 % BUILDING OFFICIAL TO EACH BUILDING DIVISION POSITION= 10% COMMUNITY DEVELOPMENT (CD) ADMINISTRATION (COUNTER STAFF 50% OF ADMINISTRATIVE SPECIALIST I $ 39,457.60 0.5 $ 19,728.80 $ 23,479.26 50% OF DEVELOPMENT SERVICES TECHNICIAN (DST) $ 52,790.40 2.5 $ 131,976.00 $ 157,064.74 SUBTOTAL 3 $ 151,704.80 $ 180,544.00 50% OF DEVELOPMENT SERVICES SUPERVISOR $ 57,678.40 0.5 $ 28,839.20 pIo DEVELOPMENT SERVICES SUPERVISOR TO EACH CD ADMIN POSITION= 19% TOTAL WAGES AND BENEFITS= $ 1,170,135.20 Pagel DETERMINATION OF UNIT STAFF COSTS 98199 BUDGET) $ 187,621.00 g. MATERIALS AND SERVICES $ 46,558.00 BUILDING DMSION ~234y 0 41% OF CD ADMIN esents 50% of DSTs D and 33%ES Director and Secretary (repr SUPPL TOTAL MATERIALS AN Y DEPRECIATED) $ 3.750-00 C. CAPITAL OUTLAY t $ 4,100,00 BUILDING DMSION $~7 8Y50.00 41% CD ADM1N cents of DSTs and 33°RECIATEDor and Secretary (repre Y DEP TOTAL CAPITAL OUT LA 41 TOTAL DIRECT COSTS COST 11_INDIRECT COSTS ~ 13,561.36 BUDGET UNIT $ i 1,886.08 $ 198,236.00 SHOPS $ 24,120.88 PROPERTY MANAGEMEN TION $ 33,365.90 POLICY AND ADMINISTRA $ 16,267.68 NON.DEPARTMENTAL 113 CD DIRECTOR 2974 .90 113 CD SECRETARY TOTAL INDIREC T COSTS Building Fund, Electrical Fund~~dHuman Resources, NOTE: ed to B ,~dministrati * includes indirect costs ch a or and City Council, City dministrative Services Computer Systems, Finance, Accounting, * PolicylAdmin in Comp y Risk Management. t, page 2 vivo t DETERMINATION OF UNIT STAFF COSTS Ill. COMPUTATION OF UNIT COST PER POSITION POSITION % DIRECT COSTS DIRECT COST INDIRECT COST COST/MINUTE ADMINISTRATIVE SPECIALIST I - BUILDING 4% $ 58,708.98 $12,365.61 $ 0.65 ADMIN!STRATIVE SPECIALIST I - DST 4% $ 62,374.38 $ 13,137.64 $ 0.69 ADMINISTRATIVE SPECIALIST 11-BUILDING 5% $ 64,848.06 $13,658.66 $ 0.72 ADMINISTRATIVE SPECIALIST 11-INSPECTION 5% $ 71,630.52 $ 15,087.22 $ 0.80 DEVELOPMENT SERVICES TECHNICIAN 6% $ 78,241.76 $ 16,479.72 $ 0.87 INSPECTOR I 6% $ 86,598.08 $ 18,239.77 $ 0.96 INSPECTOR 11 7%$ 94,599.11 $ 19,924.99 I $ 1.05 SENIOR INSPECTOR 7% $ 102,307.21 $ 21,543.52 $ 1.14 PLANS EXAMINER 8% $ 111,969.93 $ 23,583.73 $ 1.24 SENIOR PLANS EXAMINER 9% $ 121,362.97 $ 25,562.15 $ 1.35 SUPERVISING PLANS EXAMINER 3% $ 41,375.70 $ 8,714.78 $ 0.46 FUNCTION COST/MINUTE DST PROCESSING/SUPPORT $ 0.84 ADMINISTRATIVE SUPPORT - BUILDING $ 0.70 ADMINISTRATIVE SUPPORT - INSPECTION $ 0.80 SENIOR INSPECTOR $ 1.14 A-LEVEL BUILDING INSPECTION $ 1.07 SINGLE-FAMILY BUILDING INSPECTION $ 1.05 A-LEVEL MECHANICAL INSPECTION $ 1.09 SINGLE-FAMILY MECHANICAL INSPECTION $ 1.06 A-LEVEL PLUMBING INSPECTION $ 1.09 SINGLE-FAMILY PLUMBING INSPECTION $ 1.06 A-LEVEL ELECTRICAL INSPECTION $ 1.11 SINGLE-FAMILY ELECTRICAL INSPECTION $ 1.10 A-LEVEL PLANS EXAMINATION $ 1.51 SINGLE-FAMILY PLANS EXAMINATION $ 1.30 Page 3 MINIM milli low- CASE 1: PLMB PERMIT 2 FIXTURES SINGLE-FAMILY FEE TYPE COST CURRENT FEE SHORTAGE PROP. FEE PROP. DIFFERENCE % INCREASE % RECOVERY COMMENTS Plmb Prmt $90.04 $27.00 ($63.04) $50.00 ($40.04) 85.190/0 55.53% Current fee set in 1994 POSITION UNIT COST # MIN COST PERM DST $0.84 PER MINUTE 12 $10.08 AS2/AS1 BLDG $0.70 PER MINUTE 13 $9.10 AS2 INSP $0.80 PER MINUTE 10 $8.00 SR. INSP $1.14 PER MINUTE 4 $4.56 BINSP A $1.07 PER MINUTE 0 $0.00 BINSP SF $1.05 PER MINUTE 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSPA $;.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE 55 $58.30 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 $90.04 PLM97-0087 CASE 2: MINOR BLDG PERMIT- SINGLE-FAMILY FEE TYPE COST CURRENT FEE SHORTAGE PROP. FEE PROP. DIFF. % INCREASE % RECOVERY COMMENTS Bldg Prmt $139.91 $38.50 ($101.41) $83.25 ($56.66) 116.23% 59.50% 1979 UBC to 1997 UBC POSITION UNIT COST # MIN COST PERM DST $0.84 PER MINUTE 30 $25.20 AS2/AS1 BL $0.70 PER MINUTE 17 $11.90 AS2 INSP $0.80 PER MINUTE 12 $9.60 SR. INSP $1.14 PER MINUTE 9 $10.26 BINSP A $1.07 PER MINUTE 0 $0.00 BINSP SF $1.05 PER MINUTE 79 $82.95 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE 0 $0.00 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 $139.91 MST95-0437 VALUATION = $3,000 SEEM YY u.• •11J11 1 N 1 l 111 CASE 3: PLMB PERMIT 7 FIXTURES - TI FEE TYPE COST CURRENT FEE SHORTAGE PROP. FEE PROP. RIFF % INCREASE % RECOVERY COMMENTS PImb Pcmt $117.68 $63.00 ($54.68) $105.00 ($12.68) 66.67% 89.23% Current fee set in 1994 POSITION UNIT COST # MIN COST PERM DST $0.84 PER MINUTE 21 $17.64 AS2/AS1 BLDG $0.70 PER MINUTE 15 $10.50 AS2 INSP $0.80 PER MINUTE 8 $6.40 SR. INSP $1.14 PER MINUTE 6 $6.84 BINSP A $1.07 PER MINUTE 0 $0.00 BINSP SF $1.05 PER MINUTE 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 70 $76.30 PINSP SF $1.06 PER MINUTE 0 $0.00 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 $117.68 PLM97-0007 CASE 4: PLMB PERMIT 11 FIXTURES AND VARIOUS SEWERIWATER LINES FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS Plmb Prmt $267.22 $189.00 ($78.22) $300.00 58.73% 112.27% Current fee set in 1994 Plmb Plan Check $ 73.80 $47.25 ($26.55) .$75.00 58.73% 101.63% Same COSTS POSITION UNIT COST # MIN PERM COST PERM # MIN PLAN COST PLAN DST $0.84 PER MINUTE 21 $17.64 10 $ 8.40 AS2/AS1 BLDG $0.70 PER MINUTE 19 $13.30 0 $ - AS2 INSP $0.80 PER MINUTE 33 $26.40 0 $ - SR. INSP $1.14 PER MINUTE 12 $13.68 0 $ - BINSP A $1.07 PER MINUTE 0 $0.00 0 $ - BINSP SF $1.05 PER MINUTE 0 $0.00 0 $ - MINSP A $1.09 PER MINUTE 0 $0.00 0 $ - MINSP SF $1.06 PER MINUTE 0 $0.00 0 $ - PINSP A $1.09 PER MINUTE 180 $196.20 60 $ 65.40 PINSP SF $1.06 PER MINUTE 0 $0.00 0 $ - EINSP A $1.11 PER MINUTE 0 $0.00 0 $ - EINSP SF $1.10 PER MINUTE 0 $0.00 0 $ - $267.22 $ 73.80 PLM96-0027 CASE 5: MECH PERMIT ONE ROOF TOP UNIT, OVER THE COUNTER PLAN REVIEW FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVER COMMENTS Mech Prmt $103.96 $25.00 ($78.96) $59.25 137.00% 56.99% Go from 1979 UMC to 1997 UMC Mech Plan Review (OTC) $ 91.45 $6.25 ($85.20) $39.81 537.00% 43.53% Same (+$25 OTC FEE) POSITION UNIT COST # MIN PERM COST PERM # MIN PLANS COST PLAN DST $0.84 PER MINUTE 18 $15.12 10 $ 8.40 AS2/AS1 BLDG $0.70 PER MINUTE 13 $9.10 0 $ - AS2 INSP $0.80 PER MINUTE 23 $18.40 0 $ - SR. INSP $1.14 PER MINUTE 6 $6.84 0 $ - BINSP A $1.07 PER MINUTE 0 $0.00 0 $ - BINSP SF $1.05 PER MINUTE 0 $0.00 0 $ - MiNSP A $1.09 PER MINUTE 50 $54.50 0 $ - MINSP SF $1.06 PER MINUTE 0 $0.00 0 $ - PINSP A $1.09 PER MINUTE 0 $0.00 0 $ - PINSP SF $1.06 PER MINUTE 0 $0.00 0 $ EINSP A $1.11 PER MINUTE 0 $0.00 J $ - EINSP SF $1.10 PER MINUTE 0 $0.00 0 $ - PLANS EX $1.51 PER MINUTE 55 $ 83.05 $103.96 $ 91.45 MEC90-0009 CASE 6: NEW SMALL OFFICE BLDG B OCC, TYPE 5-1 HR CONSTRUCTION FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS Bldg Prmt $1,365.18 $675.50 ($689.68) $1,536.95 127.53% 112.58% Go from 1979 UBC to 1997 UBC POSITION UNIT COST # MIN COST PERM DST $0.84 PER MINUTE 114 $95.76 AWAS1 BLDG $0.70 PER MINUTE 167 $116.90 AS2 INSP $0.80 PER MINUTE 305 $244.00 SR. INSP $1.14 PER MINUTE 93 $106.02 BINSP A $1.07 PER MINUTE 750 $802.50 BINSP SF $1.05 PER MINUTE 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE 0 $0.00 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 $1,365.18 BUP97-0231 Valuation = $261,450 CASE 7: BLDG PERMIT AND PLAN REVIEW FOR MAJOR RESTAURANT TENANT IMPROVEMENT FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS Bldg Prmt $1,549.29 $1,183.00 ($366.29) $2,673.75 126.01% 172.58% Go from 1979 UBC to 1997 UBC Bldg Plan Check $ 1,405.50 $768.95 ($163.35) $1,737.94 126.01% 199.75% 65% of Prmt fee (same % as in 1979) Fire Life Safety Plan Check IN ABOVE $473.20 IN ABOVE $1,069.50 126.01% IN ABOVE 40% of Prmt fee set in ORS) POSITION UNIT COST # MIN PERM COST # MIN PLANS COST PLAN DST $0.84 PER MINUTE 21 $17.64 16 $ 13.44 AS2/AS1 BLDG $0.70 PER MINUTE 60 $42.00 $ - AS2 INSP $0.80 PER MINUTE _ 90 $72.00 30 $ 24.00 TYPING LETTER SR. INSP $1.14 PER MINUTE 75 $85.50 $ BINSPA $1.07 PER MINUTE 1245 $1,332.15 $ - BINSP SF $1.05 PER MINUTE 0 $0.00 $ - MINSP A $1.09 PER MINUTE 0 $0.00 $ MINSP SF $1.06 PER MINUTE 0 $0.00 $ - PINSP A $1.09 PER MINUTE 0 $0.00 $ PINSP SF $1.06 PER MINUTE 0 $0.00 $ - EINSP A $1.11 PER MINUTE 0 $0.00 $ - EINSP SF $1.10 PER MINUTE Q $0.00 $ - PLAN CHECK $1.51 PER MINUTE 0 $0.00 906 $ 1,368.06 $1,549.29 $ 1,405.50 BUP97-0526 • ..-•UiL1,L11 1 V 11111 CASE 7: MECHANICAL PERMIT FOR MAJOR RESTAURANT TENANT IMPROVEMENT FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS Mech Print $783.01 $89.50 ($693.51) $203.50 127.37% 25.99% Go from 1979 UMC to 1997 UMC POSITION UNIT COST # MIN PERM COST # MIN PLANS COST PLAN DST $0.84 PER MINUTE 21 $17.64 $ - AS2/AS1 BLDG $0.70 PER MINUTE 16 $11.20 $ - AS2 INSP $0.80 PER MINUTE 70 $56.00 $ - SR. INSP $1.14 PER MINUTE 55 $62.70 $ BINSP A $1.07 PER MINUTE $0.00 $ - BINSP SF $1.05 PER MINUTE $0.00 $ - MINSP A $1.09 PER MINUTE 583 $635.47 $ - MINSP SF $1.06 PER MINUTE $0.00 $ - PINSP A $1.09 PER MINUTE $0.00 $ PINSP SF $1.06 PER MINUTE $0.00 $ - EINSP A $1.11 PER MINUTE $0.00 $ EINSP SF $1.10 PER MINUTE $0.00 $ PLAN CHECK $1.51 PER MINUTE $0.00 $ - $783.01 $ MEC97-0454 CASE 7: PLUMBING PERMIT FOR MAJOR RESTAURANT TENANT IMPROVEMENT FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS Plmb Prmt $536.90 $385.00 ($151.90) $615.00 59.74% 114.55% Current fee set in 1994 POSITION UNIT COST # MIN PERM COST # MIN PLANS COST PLAN DST $0.84 PER MINUTE 21 $17.64 $ - AS2/AS1 BLDG $0.70 PER MINUTE 9 $6.30 $ - AS2 INSP $0.80 PER MINUTE 35 $28.00 $ - SR. INSP $1.14 PER MINUTE 20 $22.80 $ - BINSP A $1.07 PER MINUTE $0.00 $ - BINSP SF $1.05 PER MINUTE $0.00 $ - MINSP A $1.09 PER MINUTE $0.00 $ - MINSP SF $1.06 PER MINUTE $0.00 $ - PINSP A $1.09 PER MINUTE 424 $462.16 $ - PINSP SF $1.06 PER MINUTE $0.00 $ - EINSP A $1.11 PER MINUTE $0.00 $ - EINSP SF $1.10 PER MINUTE $0.00 $ - PLAN CHECK $1.14 PER MINUTE $0.00 $ - $536.90 $ t PLM98-0044 L jkxLD1L11 Y L-) I nLr CASE 7: ELECTRICAL PERMIT FOR RESTAURANT TENANT IMPROVEMENT FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS Elec Prmt $727.25 $1,125.00 $397.75 $1,350.00 20.00% 185.63% Current fee set in 1995 POSITION UNIT COST # MIN PERM COST # MIN PLANS COST PLAN DST $0.84 PER MINUTE 21 $17.64 $ AS2/AS1 BLDG $0.70 PER MINUTE 14 $9.80 $ AS2 WSP $0.80 PER MINUTE 60 $48.00 $ - SR. INSP $1.14 PER MINUTE 45 $51.30 $ - BINSP A $1.07 PER MINUTE $0.00 $ BINSP SF $1.05 PER MINUTE $0.00 $ MINSP A $1.09 PER MINUTE $0.00 $ - MINSP SF $1.06 PER MINUTE $0.00 $ PINSP A $1.09 PER MINUTE $0.00 $ PINSP SF $1.06 PER MINUTE $0.00 $ - EINSP A $1.11 PER MINUTE 541 $600.51 $ EINSP SF $1.10 PER MINUTE $0.00 $ PLAN CHECK $1.14 PER MINUTE $0.00 $ $727.25 $ - ELC98-0068 lllll~l - - CASE 8: NEW SINGLE FAMILY- BUILDING FEE TYPE ASSOCIATED COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS Bldg Plan Check $ 766.52 $432.25 ($334.27) $980.82 126.91% 127.960% Go from 1979 UBC to 1997 UBC Bldg Prmt $1,094.15 $665.00 ($429.15) $1,508.95 126.91% 137.91% Same POSITION UNIT COST # MIN COST # MIN PLANS COST PLAN COST PLAN DST $0.84 PER MINUTE 39 $32.76 18 $ 15.12 $ 15.12 AS2/AS1 BLDG $0.70 PER MINUTE 62 $43.40 $ - $ - AS2 INSP $0.80 PER MINUTE 98 $78.40 0 $ - $ - SR. INSP $1.14 PER MINUTE 51 $58.14 $ - $ - BINSP A $1.07 PER MINUTE 0 $0.00 $ - $ - BINSP SF $1.05 PER MINUTE 697 $731.85 $ - $ - MINSP A $1.09 PER MINUTE 0 $0.00 $ - $ - MINSP SF $1.06 PER MINUTE 0 $0.00 $ - $ - PINSP A $1.09 PER MINUTE 0 $0.00 $ - $ - PINSP SF $1.06 PER MINUTE 0 $0.00 $ - $ - EINSP A $1.11 PER MINUTE 0 $0.00 $ - $ - EINSP SF $1.10 PER MINUTE 0 $0.00 $ - $ - PLAN CHECK $1.30 PER MINUTE 578 $ 751.40 $ 751.40 $911.79 $ 766.52 $ 766.52 ° MST97-0320 2,800 sq.ft. ' Plmb: (3-bath) • Mech: (1 furnace, 4 vent fans, l dryer,1 water heater,1 hood,1 other - all gas) 2 limited energy systems CASE 8: NEW SINGLE FAMILY- MECHANICAL FEE TYPE ASSOCIATED COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS Mech Plan Check $ 13.00 $12.00 ($1.00) $28.66 138.85% 220.48% Go from 1979 UMC to 1997 UMC Mech Prmt $222.88 $48.00 ($174.88) $114.65 138.85% 51.44% Same POSITION UNIT COST # MIN COST # MIN PLANS COST PLAN DST $0.84 PER MINUTE 21 $17.64 $ _ AS2/AS1 BLDG $0.70 PER MINUTE 8 $5.60 $ _ 4S2 INSP $0.80 PER MINUTE 16 $12.80 $ SR. INSP $1.14 PER MINUTE 12 $13.68 $ _ BINSP A $1.07 PER MINUTE 0 $0.00 $ _ BINSP SF $1.05 PER MINUTE 0 $0.100 $ _ MINSP A $1.09 PER MINUTE 0 $0.00 $ _ MINSP SF $1.06 PER MINUTE 180 $190.80 $ _ PINSP A $1.09 PER MINUTE 0 $0.00 $ _ PINSP SF $1.06 PER MINUTE 0 $0.00 $ _ EINSP A $1.11 PER MINUTE 0 $0.00 $ EINSP SF $1.10 PER MINUTE 0 $0.00 $ _ PLAN CHECK $1.30 PER MINUTE 10 $ 13.00 $222.881 -1 $ 13.00 * MST97-0320 * 2,800 sq.ft. * Plmb: (3-bath) * Mech: (1 furnace, 4 vent fans, l dryer,1 water heater, I hood, I other - all gas) ' 2 limited energy systems elm EN!" CASE 8: NEW SINGLE FAMILY PLUMBING FEE TYPE ASSOCIATED COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS Pimb Prmt $353.64 $225.00 ($128.64) $375.00 66.67% 106.04% Current fee set in 1994 POSITION UNIT COST # MIN COST DST $0.84 PER MINUTE 21 $17.64 AS2/AS1 BLDG $0.70 PER MINUTE 11 $7.70 AS2 INSP $0.80 PER MINUTE 28 $22.40 SR. INSP $1.14 PER MINUTE 21 $23.94 BINSP A $1.07 PER MINUTE 0 $0.00 BINSP SF $1.05 PER MINUTE 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE 266 $281.96 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 $353.64 MST97-0320 ° 2,800 sq.ft. Plmb: (3-bath) Mach: (1 furnace, 4 vent fans,1 dryer,l water heater, l hood,1 other - all gas) ° 2 limited energy systems 16-1m SIMON CASE 8: NEW SINGLE FAMILY - ELECTRICAL FEE TYPE ASSOCIATED COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS Elec Prmt $229.18 $235.00 $5.82 $280.00 19.15% 122.17% FEE SET 1995 Limited Energy Prmt $ 77.26 $40.00 ($37.26) $60.00 50.00% 77.66% Same POSITION UNIT COST # MIN ELC COST ELC # MIN ELR COST ELR DST $0.84 PER MINUTE 21 $17.64 21 $ 17.64 AS2/AS1 BLDG $0.70 PER MINUTE 9 $6.30 5 $ 3.50 AS2 INSP $0.80 PER MINUTE 14 $11.20 4 $ 3.20 SR. INSP $1.14 PER MINUTE 12 $13.68 3 $ 3.42 BINSP A $1.07 PER MINUTE 0 $0.00 0 $ - BINSP SF $1.05 PER MINUTE 0 $0.00 0 $ - MINSP A $1.09 PER MINUTE 0 $0.00 0 $ - MINSP SF $1.06 PER MINUTE 0 $0.00 0 $ - PINSP A $1.09 PER MINUTE 0 $0.00 0 $ - PINSP SF $1.06 PER MINUTE 0 $0.00 0 $ - EINSP A $1.11 PER MINUTE 0 $0.00 0 $ - EINSP SF $1.10 PER MINUTE 180 $198.00 45 $ 49.50 $229.18 $ 77.26 ° MST97-0320 2,800 sq.ft. ° Plmb: (3-bath) ° Mech: (1 furnace, 4 vent fans,1 dryer, l water heater, l hood, l other - all gas) 2 limited energy systems LL' 171D1L11 Y ~'11i1Y CASE 9: PLAN REVIEW FOR ADDITION, COMMERCIAL FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS Bldg Plan Check $ 1,237.10 $461.83 ($590.54) $1,04.9.98 127.35% 118.82% Change from 1979 to 1997 UBC Fire Life Safety Plan Check IN ABOVE $184.73 IN ABOVE $419.99 127.35% IN ABOVE 40% of Prmt fee set in ORS) POSITION UNIT COST # MIN PERM COST # MIN PLANS COST PLAN DST $0.84 PER MINUTE $0.00 60 $ 50.40 AS21AS1 BLDG $0.70 PER MINUTE $0.00 $ - AS2 INSP $0.80 PER MINUTE $0.00 30 $ 24.00 TYPING LETTER SR. INSP $1.14 PER MINUTE $0.00 $ - BINSP A $1.07 PER MINUTE $0.00 $ - BINSP SF $1.05 PER MINUTE $0.00 $ - MINSP A $1.09 PER MINUTE $0.00 $ - MINSP SF $1.06 PER MINUTE $0.00 $ - PINSP A $1.09 PER MINUTE $0.00 $ - PINSP SF $1.06 PER MINUTE $0.00 $ - EINSP A $1.11 PER MINUTE $0.00 $ - EINSP SF $1.10 PER MINUTE $0.00 $ - PLAN CHECK $1.51 PER MINUTE $0.00 770 $ 1,162.70 $0.00 $ 1,237.10 BUP96-0526 CASE 10: PLAN REVIEW NEW DAY CARE FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS Bldg Plan Check $ 1,345.35 $676.33 ($249.70) $1,530.46 126.29% 183.76% Change from 1979 to 1997 UBC Fire Life Safety Plan Check IN ABOVE. $419.32 IN ABOVE $941.82 124.60% IN ABOVE 40% of Prmt fee set in ORS) POSITION UNIT COST # MIN PERM COST # MIN PLANS COST PLAN DST $0.84 PER MINUTE $0.00 90 $ 75.60 AS2/AS1 BLDG $0.70 PER MINUTE $0.00 $ - QS2 INSP $0.80 PER MINUTE $0.00 30 $ 24.00 TYPING LETTER SR. INSP $1.14 PER MINUTE $0.00 $ - BINSP A $1.07 PER MINUTE $0.00 $ - BINSP SF $1.05 PER MINUTE $0.00 $ - MINSP A $1.09 PER MINUTE $0.00 $ - MINSP SF $1.06 PER MINUTE $0.00 $ - PINSP A $1.09 PER MINUTE $0.00 $ - PINSP SF $1.06 PER MINUTE $0.00 $ - EINSP A $1.11 PER MINUTE $0.00 $ - EINSP SF $1.10 PER MINUTE $0.00 $ - PLAN CHECK $1.51 PER MINUTE $0.00 825 $ 1,245.75 $0.00 $ 1,345.35 BUP98-0167 CASE 11: MECHANICAL PLAN REVIEW FOR BIG ALTERATION FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVER COMMENTS Mech Plan Review $ 574.65 $48.88 ($525.77) $117.34 140.06% 20.42% Go from 1979 to 1997 UMC POSITION ---~U-NIT COST # MIN PERM COST PERM # MIN PLANS COST PLAN DST $0.84 PER MINUTE $0.00 10 $ 8.40 AS2/AS1 BLDG $0.70 PER MINUTE $0.00 0 $ - AS2 INSP $0.80 PER MINUTE I $0.00 0 $ - SR. INSP $1.14 PER MINUTE $0.00 0 $ - BINSP A $1.07 PER MINUTE $0.00 0 $ - BINSP SF $1.05 PER MINUTE I $0.00 0 $ - MINSP A $1.09 PER MINUTE $0.00 0 $ - MINSP SF $1.06 PER MINUTE $0.00 0 $ - PINSP A $1.09 PER MINUTE $0.00 0 $ - PINSP SF $1.06 PER MINUTE $0.00 0 $ - EINSP A $1.11 PER MINUTE $0.00 0 $ - EINSP SF $1.10 PER MINUTE $0.00 0 $ - PLANS EX $1.51 PER MINUTE 375 $ 566.25 $0.00 $ 574.65 MEC98-0289 CASE 12: ELECTRICAL PERMIT 4 CIRCUITS TI FEE TYPE ASSOCIATED COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE 1% RECOVER COMMENTS Elec Prmt $193.35 $50.00 ($143.35) $60.00 20.00% 31.03% Current fee set in 1995 POSITION UNIT COST # MIN COST DST $0.84 PER MINUTE 12 $10.08 AS2/AS1 BLDG $0.70 PER MINUTE 15 $10.50 AS2 INSP $0.80 PER MINUTE 12 $9.60 SR. INSP $1.14 PER MINUTE 0 $0.00 BINSP A $1.07 PER MINUTE 0 $0.00 BINSP SF $1.05 PER MINUTE 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE 0 $0.00 EINSP A $1.11 PER MINUTE 147 $163.17 EINSP SF $1.10 PER MINUTE 0 $0.00 $193.35 ELC97-0010 CASE 13: ELECTRICAL PERMIT 2 CIRCUITS SINGLE-FAMILY FEE TYPE ASSOCIATED COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE %RECOVERY COMMENTS Elec Prmt $113.58 $40.00 ($73.58) $48.00 20.00% 42.26% Current fee set in 1995 POSITION UNIT COST # MIN COST DST $0.84 PER MINUTE 12 $10.08 AS2/AS1 BLDG $0.70 PER MINUTE 13 $9.10 AS2 INSP $0.80 PER MINUTE 8 $6.40 SR. INSP $1.14 PER MINUTE 0 $0.00 BINSP A $1.07 PER MINUTE 0 $0.00 BINSP SF $1.05 PER MINUTE 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE 0 $0.00 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 80 $88.00 $113.58 ELC97-0023 NMI, Em CASE 14: SEWER INSPECTION FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE %RECOVERY COMMENTS SWR INSP SF $54.36 $35.00 ($19.36) $50.00 42.86% 91.98% NO CHANGE SINCE PRE-1987 SWR INS? MF/COMM $66.01 $45.00 ($21.01) $65.00 44.44% 98.47% NO CHANGE SINCE PRE-1988 POSITION UNIT COST # MIN SF COST #MIN MF/COMM COST MF/COMM DST $0.84 PER MINUTE 12 $10.08 12 $10.08 AS2/AS1 BLDG $0.70 PER MINUTE 13 $9.10 13 $9.10 AS2 INSP $0.80 PER MINUTE 8 $6.40 8 $6.40 SR. INSP $1.14 PER MINUTE 2 $2.28 2 $2.28 BINSP A $1.07 PER MINUTE 0 $0.00 0 $0.00 BINSP SF $1.05 PER MINUTE 0 $0.00 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 35 $38.15 PINSP SF $1.06 PER MINUTE 25 $26.50 0 $0.00 EINSP A $1.11 PER MINUTE 0 $0.00 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 0 $0.00 $54.36 $66.01 MEN 21 CASE 15: ADDRESS CHANGE FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS ADDRESS CHANGE $67.20 $0.00 ($67.20) $65.00 N/A 96.73% NO FEE CURRENTLY POSITION UNIT COST # MIN COST DST $0.84 PER MINUTE 30 $25.20 AS2/AS1 BLDG $0.70 PER MINUTE 60 $42.00 AS2 INSP $0.80 PER MINUTE 0 $0.00 SR. INSP $1.14 PER MINUTE 0 $0.00 BINSP A $1.07 PER MINUTE 0 $0.00 BINSP SF $1.05 PER MINUTE 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE 0 $0.00 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 $6720 CASE 16: REINSPECTION FEES FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE %RECOVERY COMMENTS Reinspection Building $55.28 $15.00 ($40.28) $50.00 233.33% 90.45% Current fee set in 1979 Mechanical $55.81 $15.00 ($40.81) $50.00 233.33% 89.60% Current fee set in 1979 Plumbing $55.81 $40.00 ($15.81) $50.00 25.00% 89.60% Current fee set in 1994 Electrical $57.03 $35.00 ($22.03) $50.00 42.86% 87.67% Current fee set in 1995 POSITION UNIT COST # MIN COST DST $0.84 PER MINUTE 10 $8.40 AS2/AS1 BLDG $0.70 PER MINUTE 5 $3.50 AS2 INSP $0.80 PER MINUTE 5 $4.00 SR. INSP $1.14 PER MINUTE 2 $2.28 BINSP A $1.07 PER MINUTE 35 $37.45 BINSP SF $1.05 PER MINUTE 35 $36.75 MINSP A $1.09 PER MINUTE 35 $38.15 MINSP SF $1.06 PER MINUTE 35 $37.10 PINSP A $1.09 PER MINUTE 35 $38.15 PINSP SF $1.06 PER MINUTE 35 $37.10 EINSP A $1.11 PER MINUTE 35 $38.85 EINSP SF $1.10 PER MINUTE 35 $38.50 CASE 17: PHASING OCCUPANCY FEE TYPE COST I CURRENT FEE SHORTAGE PROPOSED FEE %a INCREASE %RECOVERY COMMENTS PHASING OCCUPANCY $218.80 $0.00 ($218.80) $200.00 NIA 91.41% NO CURRENT FEE POSITION UNIT COST # MIN COST DST $0.84 PER MINUTE 30, $25.20 AS2/AS1 BLDG $0.70 PER MINUTE 10 $7.00 AS2 INSP $0.80 PER MINUTE 30$24.00 SR. INSP $1.14 PER MINUTE 301 $34.20 BINSP A $1.07 PER MINUTE 120, $128.40 BINSP SF $1.05 PER MINUTE 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE' 0 $0.00 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 $218.80 CASE 18: TEMPORARY CERTIFICATE OF OCCUPANCY FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS TEMP CO $89.70 $0.00 ($89.70) $90.00 N/A 100.33% NO CURRENT FEE POSITION UNIT COST # MIN COST DST $0.84 PER MINUTE 30 $25.20 AS2/AS1 BLDG $0.70 PER MINUTE 30 $21.00 AS2 INSP $0.8C PER MINUTE 0 $0.00 SR. INSP $1.14 PER MINUTE 10 $11.40 BINSP A $1.07 PER MINUTE 30 $32.10 BINSP SF $1.05 PER MINUTE 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE 0 $0.00 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 $89.70 CASE 19: RECORDS SEARCH FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVER COMMENTS RECORDS SEARCH, $42.00 $0.00 ($42.00) $45.00 N/A 107.14% NO CURRENT FEE NOT RELATED TO ACTIVE PERMIT (MIN 1 HOUR, CHARGED IN 1 HOUR INCREMENTS) POSITION UNIT COST # MIN COST DST $0.84 PER MINUTE 0 $0.00 AS2/AS1 BLDG $0.70 PER MINUTE 60 $42.00 AS2 INSP $0.80 PER MINUTE 0 $0.00 SR. INSP $1.14 PER MINUTE 0 $0.00 BINSP A $1.07 PER MINUTE 0 $0.00 BINSP SF $1.05 PER MINUTE 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE 0 $0.00 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 $42.00 CASE 20: PLAN REVIEW EXTENSION FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS PLAN REVIEW EXTENSION $52.50 $0.00 ($52.50) $50.00 N/A 95.24% NO CURRENT FEE POSITION UNIT COST # MIN COST DST $0.84 PER MINUTE 0 $0.00 AS2/AS1 BLDG $0.70 PER MINUTE 0 $0.00 AS2 INSP $0.80 PER MINUTE 0 $0.00 SR. INSP $1.14 PER MINUTE 0 $0.00 BINSP A $1.07 PER MINUTE 0 $0.00 BINSP SF $1.05 PER MINUTE 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE 0 $0.00 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 SUPER PLANS EXAM $1.75 PER MINUTE 30 $52.50 CASE 21: PERMIT EXTENSION FEE TYPE COST CURRENT FEE SHORTAGE PROPOSED FEE % INCREASE % RECOVERY COMMENTS PERMIT EXTENSION $60.50 $0.00 ($60.50) $50.00 N/A 82.64% NO CURRENT FEE POSITION UNIT COST # MIN COST DST $0.84 PER MINUTE 0 $0.00 AS2/AS1 BLDG $0.70 PER MINUTE 0 $0.00 AS2 lNSP $0.80 PER MINUTE 10 $8.00 SR. INSP $1.14 PER MINUTE 0 $0.00 BINSP A $1.07 PER MINUTE 0 $0.00 BINSP SF $1.05 PER MINUTE 0 $0.00 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE 0 $0.00 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 SUPER INSP $1.75 PER MINUTE 30 $52.50 $60.50 CASE 22: MANUFACTURED DWELLING INSTALLATION FEE TYPE COST CURRENT FEE SHORTAGE PROP. FEE PROP. DIFF. % INCREASE % RECOVERY COMMENTS Bldg Prmt $232.10 $105.00 ($127.10) $235.00 $2.90 123.81% 101.25% current fee is State fee POSITION UNIT COST # MIN COST PERM DST $0.84 PER MINUTE 30 $25.20 AS2/ASi BL $0.70 PER MINUTE 21 $14.70 A82 INSP $0.80 PER MINUTE 22 $17.60 SR. INSP $1.14 PER MINUTE 15 $17.10 EINSP A $1.07 PER MINUTE 0 $0.00 BINSP SF $1.05 PER MINUTE 150 $157.50 MINSP A $1.09 PER MINUTE 0 $0.00 MINSP SF $1.06 PER MINUTE 0 $0.00 PINSP A $1.09 PER MINUTE 0 $0.00 PINSP SF $1.06 PER MINUTE 0 $0.00 EINSP A $1.11 PER MINUTE 0 $0.00 EINSP SF $1.10 PER MINUTE 0 $0.00 $232.10 MST96-0532 APPENDIX C Building Fees: (go from 1979 UBC to 1997 UBC) TOTAL VALUATION CURRENT FEE PROPOSED FEE $1.00 to $500.00 $25.00 $50.00 $501.00 to $2,000 $10.00 for the first $500.00 plus $23.50 for the first $500.00 plus $3.05 $1.50 for each additional $100 or for each additional $100 or fraction fraction thereof, to and including thereof, to and including $2,000 $2,000 $25.00 minimum $50.00 minimum $2,001.00 to $25,000.00 $32.50 for the first $2,000.00 plus $69.25 for the first $2,000.00 plus $6.00 for each additional $1,000 or $14.00 for each additional $1,000 or fraction thereof, to and including fraction thereof, to and including $25,000 $25,000 $25,001.00 to $50,000.00 $170.50 for the first $25,000 plus $391.25 for the first $25,000.00 plus $4.50 for each additional $1,000 or $14.00 for each additional $1,000 or fraction thereof, to and including fraction thereof, to and including $50,000 $50,000 $50,001.00 to $100,000 $283.00 for the first $50,000 plus $643.75 for the first $100,000.00 plus $3.00 for each additional $1,000 or $7.00 for each additional $1,000 or fraction thereof, to and including fraction thereof, to and including $100,000 $500,000 $100,001.00 to $500,000.00 $433.00 for the first $100,000.00 $993.75 for the first $500,000.00 plus plus $2.50 for each additional $5.60 for each additional $1,000 or $1,000 or fraction thereof fraction thereof, to and including $1,000,000 $500,001.00 to $1,000,000.00 $1,433.00 for the first $500,000.00 $3,223.75 for the first $500,000.00 plus $2.50 for each additional plus $4.75 for each additional $1,000 $1,000 or fraction thereof or fraction thereof, to and including $1,000,000 $1,000,001.00 and up $2,683.00 for the first $5,608.75 for the first $2,000.00 plus $1,000,000.00 plus $2.50 for each $3.65 for each additional $1,000 or additional $1,000 or fraction thereof fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge - two hours) 2. Re-inspection fees $15.00 per hour $50.00 per hour assessed under the provisions of Section 305.8 (1997 section) 3. Inspections for which no $15.00 each $50.00 each fee is specifically indicated (minimum charge - one- half hour) 4. Additional plan review $15.00 per hour $50.00 per hour required by changes, additions or revisions to plans (minimum charge - one-half hour) $15.00 per hour $50.00 per hour Mechanical Fees: (go from 1979 UMC to 1997 UMC) Description Current Fee Proposed Fee Table IA Mechanical Code Qty A Permit Fee 10.00 23.50 1) Furnace to 100,000 BTU 6.00 14.80 including ducts & vents 2) Furnace 100,000 BTU+ 7.50 18.20 including ducts & vents 3) Floor Furnace 6.00 14.80 including vent 4) Suspended heater, wall heater 6.00 14.80 or floor mounted heater 5 Vent not included in appliance permit 3.00 7.25 CHECK ALL THAT APPLY: Boiler or Comp Heat Pump Air Cond 6 <3HP;absorb unit to I OOK BTU 6.00 14.70 7 3-15 HP;absorb unit 100k to 500k BTU 11,00 27,15 8) 15-30 HP; absorb 15.00 37.25 unit.5-1 mil BTU 9) 30-50 HP; absorb 22.50 55.45 unit 1-1.75 mil BTU 10 >50HP; absorb unit >1.75 mil BTU 37.50 92.65 11 Air handling unit to 10,000 CFM 4.50 10.65 12 Air handling unit 10,000 CF M+ 7.50 18.10 13 Non-portable evaporate cooler 4.50 10.65 14 Vent fan connected to a single duct 3.00 7,25 15) Ventilation system not included in appliance 4.50 10.65 permit 16 Hood served by mechanical exhaust 4.50 10.65 17 Domestic incinerators 7,50 18.20 18 Commercial or industrial type incinerator 30.00 71.10 19 Repair units 4.50 13.70 20 Wood stove 4.50 10.65 21 Clothes dryer, etc. 4.50 10.65 22 Other units 4.50 10.65 23 Gas piping one to four outlets 2.00 4.75 24 More than 4-per outlet each .50 1.20 25) Hazardous Process Piping System (HPP) of one to none 5.00 four outlets 26) Hazardous Process Piping System (HPP) of five or none 1.00 more outlets, per outlet 27) For each appliance or piece of equipment regulated best match used 10.65 by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the table Minimum Permit Fee $25.00 $50.00 PLAN REVIEW 25% OF SUBTOTAL Required for ALL commercial permits only Other Inspections and Fees: 1. Inspections outside of nomial business hours (minimum charge - two hours) $15.00 per hour $50.00 per hour 2. Re-inspection fees assessed under the provisions of Section 305.8 (1997 section) $15.00 each $50.00 each 3. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) $15.00 per hour $50.00 per hour 4. Additional plan review required by changes, additions or revisions to plans (nninimum charge - one-half hour $15.00 per hour $50.00 per hour Plumbing Fees: (50% to 67% increase) New Single-Family : Current Fee Proposed Fee 1 Bath 140.00 235.00 2 Bath 195.00 325.00 3 Bath 225.00 375.00 FIXTURES individual QTY Current Fee Proposed Fee Sink 9.00 15.00 Lavatory 9.00 15.00 Tub or Tub/Shower Comb. 9.00 15.00 Shower Only 9.00 15.00 Water Closet 9.00 15.00 Dishwasher 9.00 15.00 Garbage Disposal 9.00 15.00 Washing Machine 9.00 15.00 Floor Drain/Floor Sink 2' 9.00 15.00 3' 9.00 15.00 4' 9.00 15.00 Water Heater O conversion O like kind 9.00 15.00 Gas piping requires a separate mechanical permit. Laundry Room Tray 9.00 15.00 Urinal 9.00 15.00 Other Fixtures (Specify) 9.00 15.00 9.00 15.00 9.00 15.00 Sewer - 1 st 100' 30.00 45.00 Sewer - each additional 100' 25.00 35.00 Water Service - 1 st 100' 30.00 45.00 Water Service - each additional 200' 25.00 35.00 Storm & Rain Drain - 1st 100' 30.00 45.00 Storm & Rain Drain - each additional 100' 25.00 35.00 Mobile Home Space 25.00 35.00 Commercial Back Flow Prevention Device or Anti- 25.00 35.00 Pollution Device Residential Backflow Prevention Device 15.00 25.00 (Irrigation timing devices require a separate restricted energy permit.) Any Trap or Waste Not Connected to a Fixture 9.00 15.00 Catch Basin 9.00 15.00 Insp. of Existing Plumbing 40.00 per/hr 50.00 er.hr Specially Requested Inspections 40.00 50.00 per/hr per/hr Rain Drain, single family dwelling 30.00 45.00 Grease Traps 9.00 15.00 Minimum Permit Fee 25.00 50.00 Minimum Permit Fee Residential Backflow 15.00 25.00 "PLAN REVIEW 25% OF SUBTOTAL Required only if fixture qty. total is > 9 Electrical Fees: (Not official form, intended to display fees only) 20% increase Current Fee Proposed Fee 4a. Residential - per unit 1000 sq. ft. or less $110.00 $132.00 Each additional 500 sq. ft. or portion thereof $25.00 $30.00 Limited Energy $25.00 $30.00 Each Manufd Home or Modular Dwelling Service or Feeder $68.00 $82.00 4b. Services or Feeders Installation, alteration, or relocation 200 amps or less $60.00 $72.00 201 amps to 400 amps $80.00 .00 401 amps to 600 amps $120.00 $114444.00 601 amps to 1000 amps $180.00 $216.00 60.00 $.00 Over 1000 amps or volts $50.00 $0$ $60.00 Reconnect only 4c. Temporary Services or Feeders Installation, alteration, or relocation 200 amps. or less $50.00 $60.00 201 amps to 400 amps .00 $30.00 401 amps to 600 amps $110000.00 $120.00 Over 600 amps to 1000 volts, see "b" above. 4d. Branch Circuits New, alteration or extension per panel a) The fee for branch circuits with purchase of service or feeder fee. Each branch circuit $5.00 $6.00 b) The fee for branch circuits without purchase of sei rice or feeder fee. First branch circuit $35.00 $.00 Each additional branch circuit $5.00 $ $66.00 4e. Miscellaneous (Service or feeder not included) Each pump or irrigation circle $40.00 $48.00 Each sign or outline lighting $40.00 $48.00 Signal circuit(s) or a limited energy panel, alteration or extension $40.00 $48.00 Minor Labels (10) $100.00 $120.00 4f. Each additional inspection over the allowable in any of the above Per inspection $35.00 $50.00 Per hour $55.00 $50.00 In Plant $55.00 $66.00 5. Fees: 5a. Enter total of above fees 5% Surcharge (.05 X total fees) $ $ 5b. Enter 25% of line 5a for $ $ Plan Review, if required Sec.3 Limited Energy Fees: (Not official form, intended to display fees only) (50% increase) TYPE OF WORK INVOLVED - RESIDENTIAL Current Fee Proposed ONLY Fee Restricted Energy Fee $40.00 $60.00 FOR ALL SYSTEMS Check Type of Work Involved: Audio and Stereo Systems Bu lar Alarm Garage Door Opener* Heating, Ventilation and Air Conditioning System* Vacuum S tems' Other TYPE OF WORK INVOLVED - COMMERCIAL ONLY Current Fee Proposed Fee Fee for each $40.00 $60.00 system SEE OAR 916-260.260 Check Type of Work Involved: Audio and Stereo Systems Boiler Controls Clock Systems Data Telecommunication Installation Fire Alarm Installation HVAC Instrumentation Intercom and Palling Systems Landscape Irrigation Controls Medical Nurse Calls Outdoor Landscape Lightinc* Protective Signaling Other Number of systems Miscellaneous Fees: FEE CATEGORY CURRENT FEE PROPOSED FEE Re-inspection: Building $15.00 $50.00 Mechanical $15.00 $50.00 Plumbing $40.00 $50.00 Electrical $35.00 $50.00 Temporary Occupancy None $90.00 Phased Occupancy None $200.00 Permit or Plan Review None $50.00 Extension Address Change None $65.00 Research None $45.00 per hour (miminum one- hour, charged in one hour increments moss a 1 i a 7 BUILDING OUTLOOK $2,00o,ooo $9,000,000 - 9 99/00 00/Of 09/02 $(9,000,000) _ 02/03 03/04 04/05 05 06 $(2,000,000) - z ® - $(3,000,000) ROPOSED fiEE INC - - - WITH 4% INCR~ ~ REASE - . PER y R . - $(4,000,000) - - $(5,000,000) . - - - - - - - $(6,000,000) FISCAL YEAR jlj~ Mill yyLV ,yytt.4 + BUILDING RESERVE ° 69°10 T °l----------------- 500/0 - - % 05 06 03104 04105 2°l0 01102 42103 tN- a% 99100 00101 - - - - 0 9 la22% ITH PROPOSED FEE INCR E 0 - - - - ~--W SE pFRYEAR Z -50°!0 -63% _ 4% IN - r - - - - - " -O--WITH ° M --"-107% - W -100°!0 - - Q x148°l0----------- Q -150% _191% - - ~ - - - - - -235% 4 .2000/0 - W -287.- W. -250°!0 - - - - - - -333°l0 -300% - - -350% FISCAL YEAR now ~L 'Y R~cA►-oIJTI OO c $25a o00 - - $2ao,ooo - _ • _ - FEE IN~R~SE p~S EpSE PF10 R pp0 „~,...WtTM PRO $150, - ~WtTH 4°/o tNCR $1pp,p00 " v 05 06 . Q. $50,ppp - p4105 t~ p2ip3 0 G 00101 01102 W 98 99 99100 $l5a,o0o) _ _ $~100,00a) - - FtSCAt'~R $(150,pp0~ ELECTRICAL RESERVE 30 f0 $0% 00 0 66% 00 _ 56% 60% 7% 510/o 31% N 8010 POSED FEE INCREp,SE v 40% 300/0 -*-wITH PRO C SE PER YEp,R to ~..Wt3H 4% INCR~ 15% 20% ()506 -3% QA105 Q 03 02103 01102 _ Q 0% 00101 -22°f0 ~ 99 99100 _ O " Q - -43% W -20% - -Q0% PISCAI- YEAR .600/. January 12, 1999 Mr. David Scott, Building Official City of Tigard 13125 SW Hall Blvd. Tigard, OR 97233 Dear David: This letter is to follow up on the conversation we had on January Wh, regarding the proposed increases in permit fees. Please feel free to share it with the City Council if you wish. As I explained to you, our Association's concerns are, at this point, primarily conceptual. I haven't had the time yet to perform research or come to any conclusions yet. What I tried to do was give you a pretty good idea of the items that we will be exploring further, and I think that our conversation was very productive in that respect. There are three major concerns that we have at this point: o "Large" Jobs Subsidizing"Small" Jobs We have trouble with the concept of overcharging for permits on large jobs and using those funds to subsidize the cost of smaller job permits. You stated that this is really an inherent part of the valuation and rating schedules from the state, and to the extent that that is true we will probably have to accept it. What caught my eye, however, was your statement that "It is not recommended to fully recover costs on smaller jobs so that the fee burden does not drive these jobs `underground'." If the City chose to use this rationale as a basis for establishing fees we would disagree with it. If the City believes that fully charging for small jobs would cause contractors to perform work illegally, then the City should either increase its enforcement efforts or subsidize smaller permit from another funding source. We do not believe it is fair to charge some contractors a higher permit rate due to the fear that other contractors may perform work illegally. o Proper "Reserve Fund" Amount In general, we agree with the concept of creating a reserve fund that would allow the building department to have funds available for slow times or for boom times when additional contract workers could be hired. We believe that such a fund could be a benefit to our members if used correctly. LM The issues that we will be looking at are (1) what level of reserves is appropriate, (2) the time period over which it is'collected, and (3) the equity of reserves collected by each permit. We talked in theory about a level of reserves that would allow the department to function for between 3 and 6 months without receiving any income. I think we would feel that a number closer to 3 months would be more appropriate based on the idea that the department should have enough funds to finish its current work load if income were to suddenly stop. Before we commit to any number, however, I need to do more research and find out what other jurisdictions and our members feel is appropriate. One thing you should remember when talking about a reserve fund is that there are very few builders who could survive for 3 months without generating any income. There will perhaps be some sentiment from our industry that the building department should be no different than any other business. We would be in favor of a longer time period for creating a reserves fund so that those who apply for permits in the next year are not shouldering the entire burden of creating the fund. As we discussed, we are not yet sure exactly how long that time period should be. The other issue is how you appropriated the collecting of reserves among the different permit types. I notice that some permit fees are proposed to cover 185% of the total costs, and other are proposed at 112%. We would like to know why that is, and why the city doesn't just, for example, institute a 5% reserves surcharge on all permits. The proper level of reserves will be an important topic for us, and these are just a general outline of the type of questions we will be asking. o Calculation Of Costs We have some questions about how you have determined the unit staff costs for providing inspection and permitting services. This is vitally important because it is the basis on which all permit fees are derived. In theory, there are certain functions and costs associated with the building department that are required by the State in order to service the building industry. There are also functions within the building department that are a community benefit and/or requirement, and are not a sole service to the industry. We will argue that only the direct costs of providing permitting and inspection services should be captured through permit fees. Other indirect costs or other services that the building department performs should be funded through other means. This is a very general statement because I have not had the time to go through your staff costs spreadsheet in detail, nor have I had the time to sit down and talk about the specific functions that are performed by the building department. Thanks, David, for speaking with me the other day. I will be out of town at a convention from Jan. 13-20, and I look forward to working more on these issues with you when I return. Best Regards, Kevin Wing Director of Local Government Affairs Hill AGENDA ITEM # V FOR AGENDA OF Januay 17. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Tualatin River Pedestrian Bridge PREPARED BY: Jim Hendrvx DEPT HEAD OK /A/ff,-f CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council authorize $7,000 of Greenspaces funds for completed engineering calculations of the existing railroad bridge and completion of conceptual design plans for the proposed pedestrian bridge over the Tualatin River? This amount would come from the $50,000 already authorized. This bridge, if constructed would interconnect Tigard's Cook Park, Tualatin's Community Park, and Durham's City Park. STAFF RECOMMENDATION Staff recommends that Council authorize that up to $7,000 of Greenspaces funds be spent towards the additional costs of completing detailed engineering calculations on the existing railroad bridge and completion of conceptual design plans for a pedestrian bridge. INFORMATION SUMMARY The City has long recognized the desirability of connecting Tigard's Cook Park with Tualatin's Community Park and Durham's City Park. In order to interconnect the three parks, a pedestrian bridge across the Tualatin River is required. Council authorized that a total of $50,000 of Greenspaces funds could be spent towards evaluating the feasibility such a bridge. The $7,000 would come from the amount already authorized. Tualatin and Tigard jointly funded a feasibility study on using the existing railroad bridge adjacent to Cook Park as the pedestrian bridge. This concept envisioned cantilevering a pathway from the existing railroad bridge. TriLand Design Group, Inc. was hired to complete the feasibility analysis. The first phase of the study totaled approximately $5,200. Additional funding was required beyond this amount in order to complete detailed engineering calculations on the existing bridge structure. They have determined that the concept of cantilevering the pathway is infeasible due to design limitations of the existing bridge. The purpose of completing a conceptual design study is to determine feasibility and costs of constructing a freestanding pedestrian bridge across the Tualatin River. A conceptual rendering would also be completed as part of this next phase of the study. OTHER ALTERNATIVES CONSIDERED Not authorize additional funding. VISION TASK FORCE GOAL AND ACTION CONMTTEE STRATEGY The proposed project is consistent with Transportation Goals No. 2 and 3. Goal No. 2 calls for enhancing off- street bike-pedestrian walkway connectivity. Goal No. 3 calls for the identification of new funding sources for transportation improvement projects. FISCAL NOTES The City previously reserved $50,000 in local share Greenspaces funds for the bridge project, of which approximately $45,000 in unexpended funds remain. IAi==\jimlatm wy*1799.doc I I I I I s Proposed Pedestrian/ 375 0 375 N Geographic Information System Tualatin River Bike Bridge F® 7tl." 1.dd.dI-.d-sync69". n.- =Area Parks V* - 1 ,w'....4,..~b=,d'..n....W. mrtimd611ky>Wtllny me .ft.0 b- Bike/Pedestrian Bridge .125 I. r.a...dr I.e.rr...0 7"140" City Boundaries RF 1:13,500 I,pwA"'w IP.-F,Wm %wAer,aqDWL n..alon». ---7- r to 1= _ LPIILIS , • ; l r ! r i' _ Y', A (~'r Tigard HS ! ~l ; S 11 1 G_.. R D-1 Durham :Park 1 r \ \ , Proposed Bike/ Pedestrian Bridge ! ( t , o~, I -T-- 1 J - - - iU1LLATW COUNTRY CLUOfGOLF COURSE Cd inUni i ~~.a, _~J t_-.- lieauemo 1 Y" 1 I ~yaoORA \.Ll.ii ~l \ Ej Y`` . i- 6-1 T~,' U J_, L J. % - f - II : ` tl { ze 4F J 5.h.1 CITY OF "TUAL®AATIN RECEIVED PO BOX 369 TUALATIN, OREGON 97062-0369 NOV 2 51998 KAh (503) 692-2000 TDD 692-0574 CONWMUNITY DEVELOP'AE"T MEMORANDUM TO: Jim Hendryx, Director Community Development Department, City of Tigard Bill Monahan, City Manager, City of Tigard Ed Wegner, Maintenance Services Director, City of Tigard Roel Lundquist, City of Durham Steve Wheeler, City of Tualatin Jim Perkins Washington County FROM: Paul Hennon, Parks and Recreation Director 4W SUBJECT: Tualatin River Pedestrian Bridge Task A Summary Memorandum DATE: November 23, 1998 Enclosed is the above referenced report from the Tril-and Design Group. The report indicates that it is not feasible to cantilever a pedestrian bridge off the existing railroad structure. The analysis indicates the railroad bridge is functioning at or very near capacity and there is no reserve strength to add the pedestrian bridge. Please review the report and we will schedule a meeting between Thanksgiving and Christmas Wth Tril-and to review the findings and discuss our next step. If you have any questions, please call me at 692-2000, extension 931. i i { { i C: Steve Turner, Tril-and Design Group LOCATED AT: 18880 sw Martinazzi Avenue November 10, 1998 TRILAND DESIGN GROUP, INC. Mr. Paul Hennon CLP Park and Recreation Director City of Tualatin P.O. Box 369 Tualatin, OR 97062-0369 Re: Tualatin Pedestrian Bridge TaskA Summary Memorandum Please find enclosed our summary memorandum for the Tualatin Pedestrian Bridge located over the Tualatin River in Tualatin, Oregon. This memorandum presents our observations, findings and recommendation for the Task A portion of this project. We trust this information meets your present needs. If you have additional questions or need additional information please contact this office. Respectfully Submitted: TRILAND DESIGN GROUP, INC. Stephen B. Turner P.E. Principal Engineer 7 i 7 i 3 TriLand Design Group, Inc. • 10260 S.W. Nimbus Avenue, M4 • Tigard, OR 97223 • Phone (503) 968-6589 • FAX (503) 968-7439 L Purpose and Scope of Work The purpose of this study was to determine the feasibility of providing pedestrian access across the Tualatin River utilizing an existing railroad bridge owned by the Oregon Department of Transportation. This study included an assessment of regulatory approval process and preliminary structural feasibility assessment of the existing bridge structure. We understand the stakeholders to include the City of Tualatin, City of Tigard, City of Durham, and possibly Washington County and Metro. Our tasks wer: presented in a proposal to the City of Tualatin dated May 8, 1998. Authorization to proceed was given on June 18, 1998 for Task "A" only. This task "A' consists of the following. Task A. Feasibilityfor Utilizing Existing Bridge • Meet with the stakeholders to discuss project goals and process; • Conduct site review of the existing bridge; • Research the feasibility of constructing pedestrian access utilizing the existing bridge structure. This will include discussion with ODOT Rail Section and the Railroad Company to determine their acceptance and regulatory process; and a preliminary review of available documents relating to the structure, if available. • Prepare a summary memorandum with conclusions of the feasibility for providing pedestrian access utilizing the existing bridge structure. H Telephone Conversation/Reseamh The following are summaries of telephone conversations with representatives of the Burlington Northern Santa Fe Railroad and the Portland & Western Railroad. Copies of the telephone conversation logs are contained in appendix A. 1) Conversation with Mr. Chuck Gilbert, Chief Engineer Portland & Western Railroad. Chuck stated that the railroad would probably not be opposed to attaching the pedestrian bridge to the existing Rail Bridge. His main concern would be liability issues of pedestrians close to the rail traffic. 2) Conversation with Mr. Gary Strelcheck, Structural Engineer, Burlington Northern Santa Fe Railroad. Gary stated that he believes the existing bridge would handle the extra load of the pedestrian bridge. Gary also stated that original drawings may be available in CAD file format and would look for those. M. Letters in Support of the Pedestrian Bridge The following is a summary of letters in support of the pedestrian bridge. Copies of these letters are contained in appendix B. 1) Letter dated June 10, 1998 from Peter Bond, Trails Coordinator, Oregon Parks and Recreation to Mr. Steve Wheeler, City of Tualatin City Manager. Peter supports this project stating that it carries out the goals and objectives of the most recent Statewide Comprehensive Outdoor Recreational Plan and the Statewide Recreational Trail Plan. i 2) Letter date June 19, 1998 from Mr. Robert Melbo, President and General Manager of the Willamette and Pacific Railroad to Mr. James Hendryx, Director of Community Development, City of Tigard. Robert states that they agree to conduct an engineering analysis for a pedestrian bridge. The main concern is that of liability with pedestrians and rail traffic. TriLand Design Group, Inc. • 10260 S.W. Nimbus Avenue, M4 • Tigard, OR 97223 • Phone (503) 968-6589 • FAX (503) 968-7439 98016 - Tualatin Pedestrian Bridge Page 2 IV. Site Meeting. On August 13, 1998 a meeting was held at the City of Tualatin council chambers to discuss this project. Those members attending this meeting where: Mr. Paul Hennon - City of Tualatin Parks and Recreation Director. Ms. Claudia Howells - Manager of Rail Section, Oregon Department of Transportation (ODOT) Mr. Howard Fegles - Rail Safety Manager, Oregon Department of Transportation (ODOT) Mr. Robert Melbo - President & General Manger, Willamette & Pacific Railroad (W&P) Mr. Tom Wiser P.E. - Consulting Railway Engineer Mr. Stephen Turner P.E. - Principal, Triiland Design Group, Inc. In this meeting conceptual drawings for the attachment to the existing rail bridge and proposed pedestrian separation fencing was presewed. The main issue of this meeting was the liability issue that was expressed in the letters and conversations to date. It was generally agreed that fencing and grade difference between the pedestrian bridge and the rail traffic should be enough of a deterrent. In general both ODOT and the railroad agreed that this could be a feasible project. V. Records and Field Research As part of this phase of work we contacted the Burlington Northern Santa Fa Railroad to obtain existing drawings of the structure. On September 1, 1998 we received portions of these drawing in an intergraph .CIT format. These files were then converted to TIF files and plotted in AutoCAD. These drawings were incomplete as many sheets appeared to be missing. The following is a summary of our observations based on these drawings and our site visits: 1) The existing structure is a 150 foot through truss span, steel railroad bridge originally constructed in 1899 by the Lassig Bridge & Iron Works Company of Chicago, Ill. The bridge was originally erected in Milaca, Wisconsin, Bridge No. 39. The truss contains 6 panels at 25 feet in length each. The top chord originally consisted of a built up section of two back to back 15" deep channels and a ''/s" thick top plate. The bottom chord is two back to back 12" deep channels and lattice bracing. The rail is supported by series of floor beams connected to the truss at the panel points and stringers between the floor beams. According to the copies of the original plans sent to us by the Burlington Northern Santa Fe Railroad all steel is classified as medium and soft steel. 2) In 1941 the bridge was moved to its current location spanning the Tualatin River. The bridge was supported at each end with new abutments consisting of wood piers and false work bents. In 1951 the wood abutments were replaced with the current concrete piers. This new concrete structure 'is ' supported by the woodpiles originally constructed in 1941. These piles were cut off below the streambed. We do not know the length or diameter of the wood piles at this time. 3) In 1954 the wood ties and the guardrails were replaced. In 1969 two 9/16" x 6" plates were added to modify the top chord of the truss, one on either side of the existing steel channel. 4) In August 1998 Mr. Tim Sievers of the Sherwin Williams paint company visited the site at our request. The purpose of his visit was to determine an affective coating for the new structure to be added to the existing bridge and if possible to determine if a lead based paint was used to coat the existing bridge. Based on Mr. Sievers preliminary investigation lead paint was not present. Paint chips will need to be Tril-and Design Group, Inc. - 10260 S.W. Nimbus Avenue, M4 - Tigard, OR 97223 - Phone (503) 968-6589 - FAX (503) 968-7439 98016 - Tualatin Pedestrian Bridge Page 3 sent to a laboratory for further analysis for the final determination. It should be noted that the original drawings call for a white lead coating. VL Preliminary Structural Calculations Since we have received such a positive response from the owner (ODOT) and the user of the existing bridge (W&P) we have taken this project one step further and conducted a preliminary evaluation of the existing structure. Based on this analysis we find the following: Basic Assumptions • The width of the pedestrian pathway would be 12 feet wide. • The pedestrian bridge would be connected to the existing bridge at the truss panel points. • The maximum span between the panel points is 25 feet. • The current load rating for the bridge as given to us by Burlington Northern Santa Fe is Cooper E45. • Steel strength is assumed to have a yield of 30,000 psi per AREA Manual for Rail Engineering section 7.634.3 "Allowable Stresses for Maximum Rating". At this time we have not performed laboratory testing to determine current steel strengths. • Based on the Uniformed Building code the live load on the pedestrian bridge is 100 pounds per square foot. Based on our preliminary calculations we find the following: • If the pedestrian bridge were to be added to the existing bridge the total factored additional load would be 49,600 pounds of force at each of the eastern panel points. This high loading is due to the cantilever of the beams supporting the new pedestrian bridge. The load at each of the western panel points is 21,800 pounds acting upward against the structure. These are factored loads. • The main stringers for the existing bridge are at a cq$per E45 load capacity therefore the new Pedestrian bridge can not be connected to the main floor beams. • The lower chord of the truss consists of 2-12" deep channels. These channels are at or below the Cooper E45 load capacity prior to adding the pedestrian bridge. • The upper chord of the truss consists of 2-15" x 33 pounds/ft channels and a top plate 20"xl/2". In 1969 two additional plates' 9/16" by 6"were added to the two channels for additional support. This composite member appears to have adequate capacity after adding the pedestrian bridge. V. Recommendations Based on our analysis to date it is our opinion that the existing bridge is functioning at or very near capacity based on a Cooper E45 load and there is no reserve strength to add the pedestrian bridge. This is contrary to the comment by representatives of the Burlington Northern Santa Fe Railroad. We believe there opinion was based on a general comment that the bridge should have adequate capacity, however no calculations were requested nor have calculations ever been performed by the railroad other than the load rating stated on the original 1899 drawings. We further believe that their concept of a pedestrian walkway is that of a typical 3 to 4 foot wide access generally used by the railroad not a 12 foot wide cantilevered bridge with vehicle or large group loading. In order to utilize the existing rail bridge, the truss would require modification. This will require adding support members to the lower chord of the bridge prior to constructing the pedestrian walkway. Prior to any modification to the existing bridge the existing paint must be removed where these modifications are to TriLand Design Group, Inc. • 10260 S.W. Nimbus Avenue, M4 • Tigard, OR 97223 • Phone (503) 968-6589 • FAX (503) 968-7439 98016 - Tualatin Pedestrian Bridge Page 4 occur. Based on the notes in the original drawings, lead based paint was used to coat the bridge. Special handling of this type of material will be required Based on our analysis to date, it is our opinion that it may be prudent to pursue a stand alone pedestrian bridge, independent of the existing Railroad Bridge. As we have stated the existing bridge is currently operating at a Cooper E45 load rating with no reserve strength to add the pedestrian walkway. In order to add this additional load, considerable modification to the existing, bridge will be required to maintain the current rail load rating. As we have previously stated this bridge was constructed with metal and fabrication methods developed in the late 1800's. As the analysis continues throughout the structure and the results of the laboratory analysis is obtained, other structural members may require modification increasing the total cost of the project beyond that of a new bridge specifically designed for pedestrian use. VL Limitations This above recommendations are based on preliminary calculations at strategic points within the structural system. We have not conducted a complete analysis of all components of the bridge nor have we removed components for laboratory analysis of ultimate steel strength If the City wishes to pursue this option a maximum loading rating must be determined by the railroad and then all connections, structural members and the concrete abutments must be analyzed using this rating along with the load from the proposed pedestrian bridge. If the current Cooper E45 rating must be increased to a heavier load rating such a Copper E80 loads, then considerable modification of the bridge will be required. TriLand Design Group, Inc. • 10260 S.W. Nimbus Avenue, M4 • Tigard, OR 97223 - Phone (503) 968-6589 • FAX (503) 968-7439 r 's~"•.cc~~r ' • i 1t" is:"• . • t - 2L"%' :,~..'.yl -r i • ~t.r t PHOTO NO. I View looking west at the existing rail bridge. The bridge was constructed in 1899 and moved to this site in 1941. s_ y r ~T'/ ~HLL at7 }t.-1'`.ti'W.•~~•4~ ~ .~l~V.':]~~~ . 1 1 Vii- •`A •;t o~ ~ i l i ~ t a e M'~ ~t•.f Ian • ti •li i.7o Rrr ,~ai ' ,.4i~ r , ~!M~St Tt'I~~t'.•~ fi PHOTO NO. 2 View looking northwest and from below at the existing rail bridge Tualatin Pedestrian Bridge • 98016 U .1 7 PHOTO NO.3 View looking south toward the City of Tualatin :.:d'dc• ei~;.•`-:- •..4. ,fir? r;vr~. ...~-err i •r~ Or• n - i PHOTO NO. 4 View looking north. A tressel is located at the north end of the bridge. Tualatin Pedestrian Bridge - 98016 ti t - 1,. ~t~ t~ t ) 1 dill l~lCf `ic%% lookiii, • . , .~~~u„! h~• i~~nneite~l tai Ilti. ,I~l~' f i' I I, 'Iki i I I i Y IO TO NO, 6 1,vkinl,,! inmt helkn~ the e\i,unt hrtd,-,c at the,iru rural meniher. •ieldlui i'r,lr.ir;,~n !4n,lec 0000001 1 June 10, 1998 RECD CITY OF TUALATIN P A R K: .A N D Steve Wheeler, City Manager JU14 ',10 *398 R E C R E A T I O N City of Tualatin 0EPARTM. ENT COLIKIL P 0 BOX 369 IMAM~ "M' POLICE Tualatin OR 97062-0369 wsucaacN1in tcc oer„_. ORECo y Dear Steve- i Thankyou for your letter seeking the Oregon Party and Recreation Departments supp ar for your trail project between Tualatin Community Park and Tigard's Cook Park. We are pleased to support the effort because it carries out the goals and objectives of the most recent Statewide Comprehensive Outdoor Recreation Plan (SCORP) and the 1995 Statewide Recreation Traits Plan. Both plans indicate a strong need for community based recreation trail opportunities close to residential areas. I believe that the project would also be supported in the Metro Trails and Greenspaces Plan. In addition we are happy to report that funding assistance may be available for the project through the Transportation Efficiency Act-21 (TEA-2 1), which is a fancy name for the 1998 reauthorization of the 1991 iSTEA federal transportation bill. Both the House and Senate have passed a bill which awaits the Presidents signature. We understand he will sign it. The TEA-21 contains two funding sections for which your project may qualify. The "Transportation Enhancements" provision specifically calls for the provision of assistance for rail trail projects. This portion of the TEA-21 will be administered by ODOT snd I would suggest that you contact a local ODOT representative for information about applying for Transportation Enhancement funds. The other funding possibility is the Recreation Trails Program of the TEA-21 which contains money for recreation trail projects of any type. These funds are administered oy our department. I will put your name and address on our mail list for notification of the arnounts of money to be allocated to Oregon and what the application procedures are. If you have any questions about the recreation plan support and funding possibilities available I can be reached at (503) 378-6378 ext 246. Sincerely, 7 m Peter Q. Bond, Trails-C rWnatar 'tYl~ Post-W Fax Note 7671 Dole 'f •7 p" ~ 1115 commercial St. NE Salem, OR 97310.1001 TO g~ FroM 1303) 378-6305 C0J09K f Co. •r FAX (503) 375-i-W7 vnanee - (e~+ anono• ~ 0~ -viu-t~•- Uf 11&4 L(Y7 Faxs OEM PLANNING JUN 2 2 1998 COOFT10" R. 1. Malbo. President & General Manager A. B. Carswell, Via Provident-Operitsona S. C. Walsh-Enloe. Director of Marketing D. L Sullivan, Maintenance of Way Manager R. K. Cars"don. Trainmaater - Director of Safety C. A. Gillsom Manager of Engineering & Contracts R. D. Vincent, Manager of Marketing M. A. Barron. Personnel - Office Manager/As= to Pres. - GM June 19, 1998 James N. P. Hendryx Director of Community Development City of Tigard 13125 S.W. Hall Boulevard Tigard, Oregon 97223 Dear Jim: Refers to your letter of May 29, 1998, concerning a feasibility study for attaching a pedestrian walkway to the existing railroad steel through-truss span used by Portland & western on its Oregon Electric District to cross the Tualatin River in your city. Ordinarily, railroads vigorously oppose notions that would encourage pedestrians to trespass on or near railroad treks. There already are enough pedestrians Illegally using our facilities now. Why would we want to encourage more? In this case, I hope the answer is a pedestrian bridge over the river would include construction of approaches, notably to the north where there is a wide, well-established flood plain. The railroad crosses the flood plain with a timber trestle, but trespassers who now are tempted to use the steel span also, in most cases, utilise the trestle approach as well. Any pedestrian system that would solve both of these problems would be an improvement from our perspective. To speci&Wly answer your quesdoxis, the Oregon Department of Transportation actually owns the bridges, but P&W is cbwged with the responsibility of maintaininS and superintanding them. P&W has a perpetual and exclusive easement over the stusnues for the puapose of operating a common carrier railway. 1f the feasibility study were positive, ODOT would hz-e some say in the miner but the final decision to allow or disallow it would be Portland & Western's. We're agreeable to eandncting an engineering analysis. As part of that analysis, I'd lice to see included i in the design the most tmdefeatable treasures conceivable to prevent pedestrian way users from entering a onto the railway while they are using the structure. + P&W wants to be cooperative as possible, but we are ar a distinct disadvantage when it comes to legal liability. Cities and other goveaament agencies are protected from care.strophic claims otposvre by a i statutory cap of $300,000. We ate not. in the present sitnadon, if a trespasser is hurt on the bridge the fact that he was on the property illegally acts as a mitigating cararmstanee. However. I worry about how this would be perceived if wa permiuW & pedestrian bridge to be attached tti rho railroad structum and a user of that public way was able to gear access to the track and became injured. I don't like to borrow trouble, but i believe you can see my point. Portland & Western Railroad, Inc. General Office 110 West 10th Avenue Albany. OR 97321 (541) 924-6565 FAX (541)924-6580 Operational Headquarters PO. Box 1927 Beaverton, OR 97075-1927 (603)643-4176/(603)64M973 FAX(503)6A3-6140 St. Helena Depot 2194 Columbia Blvd. St. Helena, OR 970SI (503) 397-3659 FAX(503)397-0961 Jim Hendryx - page 2 The engineering feasibility study probably isn't the proper forum to address legal liabift issues. However. in overall eottsideration of the concept, legal liability would need to be ad&essed. By ft the most appealing scenario to me is the one in which we are able to abandon the rail line in this vicinity and the public inherits the v bridges and right of way. What needs to be done is to design. fund and build a new corurection between the Oregon Electric end the former Southern Pacific Newberg Branch In Tualatin, and transfer the fall legal rights we have to conduct common carrier transportation on the OE line to the foster SP lines that will provide the substitute route. This would allow abandonment of duplicate railroad plant through Tigard as far north as Da'cota Street. Yes, the concept outlined above is a formidable task, but the recently passed federal Ttanspoctadon Equity Act for the 21" Century suthorim considerable funding for grojocts involving low density no lines. it would be worth talking about with ODOTs Claudia Howells, who manages the Rail Section. Since the engineering study likely will require access to tail property. the individual to contact at P&W is Chuck Gilbert. Manager of Contracts and Engineerin& in Albany at (541) 924-6570. Sincerely, Robert I. Melbo Cc: ABC CRG H a Portland & Western Railroad. Inc. General Office 110 West 10th Avenue Albany, OR 97321 (641)92"668 FAX (x41)924-6680 Operational Meadquarters P.O. Box 1927 Beaverton, OR 9707b-1927 (503) 643-4176 /1303) 643-5973 FAX (503) 643-6140 St. Helens Depot 2194 Columbia Blvd. St. Helens, OR 97051 (503) 397-3659 FAX (503) 397-0961 • THOMAS W. WISER, P.E. Conversation CONSULTING RAILWAY ENGINEER R E C d R O 19198 SW 55'" COURT TUAIATIN, OR 97062 Phone 503/691-6095 With: Gary Strelcheck Fax 503/692.4753 Structural Engineer e-mail: wiser@ra$engineering.com Burlington Northern Santa Fe Phone: (913) 551-4196 Date: July 20, 1998 Time, 8:20 AM Project No.: 98006 Project Title: Tualatin Pedestrian Bridge L.S. 442 Bridge E35.3 over the Tualatin River: 49130PT, 150MT(SH), 6BDPT Gary stated that the bridge was built In 1899, has a 150' span, max height of 41' and a low design rating of Cooper E45. He believes it will handle the load of a bike path adjacent to one side of the structure. We discussed loads of 4-600#/ft live and dead and he saw no problem with that. He felt the liability Issue was a stronger issue. He did not know if the W&P would go for having pedestrians with such close access to the tracks. As a minimum there would need to be a screen wall between the tracks and the bike path. At the ends of the 150' steel span the path would need to diverge away from the timber trestles. He is not sure if BNSF has retained drawings or not. Would be happy to look if the W&P Is amenable to the possibility of a path. He thought they might have a scanned drawing in AutoCAD. n Rea=m- This copy or the above conversation record IsEor your use and record. 1t you have any questions or comments concerning the statements made please call v+lthin 10 days. Thomas W. Wiser, P.E. Consulting Railway Engineer • RAILWAY ENGINEERING: TRACK AND YARD LAYOUT • COST ESTIMATES • DESIGN INSPECTION REHABILITATION • CONVERSATION RECORD-GARY STRMCNECK.WPO THOMAS W. WISER, P.E. Conversation CONSULTING RAILWAY ENGINEER R e G O R O 19198 SW 55Q1 COURT TUALATiN, OR 97062 Phone 503/691.6095 With: Chuck Gilbert Fcx 503/692-4753 Chief Engineer e-mail: wiser@rdlengineering.com Portland & Westem Railroad, Inc. Phone: (541) 924-6565 Date: July 10, 1998 Time: 9:20 AM Project No.: 98006 Project Title: Tualatin Pedestrian Bridge L.S. 442 Bridge E35.3 over the Tualatin River: TM asked concerning the attachment of a pedestrian bridge on the side of the existing bridge. Chuck expressed concern about the liability Issues of having pedestrians so close to the tracks. He agreed that if the ramps to the pedestrian crossing were diverted away from the tracks on either side of the bridge and if the crossing was fenced frorn the track that this Issue could be addressed. He stated that the railroad preferred the aitematlve of vacating the bridge. He referred us to the Letter written by Robert Melba, President of P&WRR to James Hendryx, City of Tigard about a possible vacation of the existing bridge. Also, he mentioned that Mike McCillup with the City of Tualatin had studied several routes with W&H Pacific and would be worth talking to. He also expressed that Metro had raised a bond for the "rails to (rails' funding for the Cornelius Pass alignment but that the alignment had been reopened. He wondered if there was any possibility that this previous funding could be transferred to this project. Chuck again expressed that the RR is more interested in vacating this bridge than in maintaining it and having a pedestrian crossing attached to it. They are not opposed to a pedestrian crossing, but would prefer to pursue the vacation option before pursuing the i pedestrian bridge attachment. He would like to have some one champion this cause. i I Rerrxorrs This copy or the above conversation record is for your use and record. if you have any questions or comments concerning the statements made pkase aU within 10 days. Thomas W. Wiser. P.E. Consulting Railway Engineer - RAILWAY ENGINEERING: TRACK AND YARD LAYOUT • COST ESTIMATES • DESIGN INSPECTION REHABILITATION - CONVERSATION RECD ~u • C.NUck GILstwr. PORTLAND AND WESTERN RAIL oAD.W PD r AGENDA ITEM # FOR AGENDA OF 1/19/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Council and Staff Liaison ARnointments PREPARED BY: Cathy Wheatleei DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Review the appointments to various task forces, boards and committees and fill or readjust appointments as needed. STAFF RECOMMENDATION Review the attached list and determine which Council or Staff person should be appointed to the listed task forces, boards and committees. INFORMATION SUMMARY Council reviewed a few of the appointments at its January 12, 1999 Council meeting. Decisions made at that meeting as well as decisions that need to be made for additional appointments are explained in the attached memorandum. OTHER ALTERNATIVES CONSIDERED VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY FISCAL NOTES 1 I:\ADM\CATHY\000NCIL\BOARD AND COMMITTEE APPOINTMENTS SUMMARY SHEET.DOC 1 I f r0 Council and Staff Liaison Appointments January 15, 1999 Budget Committee All Council Members Community Development Block Grant Advisory Board: Elected Official - Ken Scheckla Staff Representative - Duane Roberts Cooperative Library Advisory Board Primary - Melinda Sisson Alternate - Bill Monahan Community Development Code Steering Committee Brian Moore Growth Management Caucus Brian Moore Staff: Nadine Smith I-5/217 Steering Committee Jim Nicoli/Bill Monahan Intergovernmental Water Board: Primary - Paul Hunt Alternate - Bob Rohlf Housing Code Task Force Ken Scheckla Staff. David Scott Mayor's Appointments Advisory Committee Brian Moore (Jan-June `99) Paul Hu-it (July-Dec. `99) Metropolitan Area Communications Commission Primary - Ken Scheckla Alternate - Liz Newton 99W Task Force Brian Moore Park & Recreation District Task Force Council Representative Public Works Representative H ca Senior Center Liz Newton Tigard Chamber of Commerce - Ex Officio Board Member Cathy Wheatley C'7 Tigard Chamber of Commerce - Business Advocacy Committee Liz Newton Ism= P . Washington County Consolidated Communications Board Primary - Bill Monahan Alternate Budget Committee/Citizen Representative - Bob Rohlf Washington County Coordinating Committee Primary - Jim Nicoli Mernate - Gus Duenas Western Bypass Steering Committee Primary - Jim Nicoli Alternate - Bill Monahan Willamette Water Supply Agency Primary - Paul Hunt Alternate - Bob Rohlf Staff Rep. - Ed Wegner Washington County Emergency Medial Services Nomination: Policy Board's East Cities Representative Washington Square Regional Task Force Jim Nicoli Bob Rohlf Regional appointments selected by other jurisdictions include MPAC and JPACT; Tigard has no appointees at this time. i Aadmbathy\council\appts.doc J t 1 i 1 i i