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Ordinance No. 16-07 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16- 0; AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE 1520 STREET MAINTENANCE FEE WHEREAS,Street maintenance is an important priority;and WHEREAS, Changing parking code requirements can make administering the Street Maintenance Fee more expensive;and WHEREAS,Fixing the parking requirement code to a date certain will keep administration costs down;and WHEREAS, Removing the cap on the number of parking spaces for large businesses will make charging the Street Maintenance Fee more equitable to all businesses;and WHEREAS, The code needs to be clarified to allow the Street Maintenance Fee to pay for sidewalk work required by ADA when street maintenance is performed. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 15.20 of the Tigard Municipal Code is hereby amended as provided in Exhibit A. SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only, this 2fa day of 772a,-e_ A ,2016.4 /- Carol A. Krager,City Recorder APPROVED: By Tigard City Council this-22�day of lc/It' ,2016. le&' John 9 Cook,Mayor Approved as to fo City Attom y Date ORDINANCE No. 16-0' Page 1 EXHIBIT A TIGARD MUNICIPAL CODE Chapter 15.20 STREET MAINTENANCE B. Developed property or developed use. A FEE parcel or legal portion of real property, on which an improvement exists or has been constructed. Sections: Improvement on developed property includes, but is not limited to buildings, parking lots, 15.20.010 Creation and Purpose landscaping and outside storage. 15.20.020 Definitions 15.20.030 Administrative Officers C. Finance Director. The finance & Designated information services director or designee. 15.20.040 Street Maintenance Fees Allocated to the Street D. Residential Property. Property that is Maintenance Fee Fund used primarily for personal domestic 15.20.050 Determination of Street accommodation, including single family, multi- Maintenance Fee family residential property, home occupation 15.20.060 Determination of Amount, businesses and group homes, but not including Billing and Collection of Fee hotels and motels. 15.20.070 Waiver of Fees in Case of Vacancy E. Nonresidential Property. Property that is 15.20.080 Administrative Provisions and not primarily used for personal domestic Appeals accommodation. Nonresidential property includes 15.20.090 Administrative Policies industrial, commercial, institutional, hotel and 15.20.100 Penalty motel,and other nonresidential uses. 15.20.110 Severability F. Street Functional Classification. Street 15.20.010 Creation and Purpose classifications as described in the Tigard Transportation System Plan. A street maintenance fee is created and imposed for the purpose of maintenance of city 1. Arterials are defined as streets streets. The street maintenance fee shall be paid having regional level connectivity. These streets by the responsible party for each occupied unit of link major commercial, residential, industrial and real property. The purposes of the street institutional areas. maintenance fee are to charge for the service the city provides in maintaining public streets and to 2. Collectors are defined by citywide ensure that maintenance occurs in a timely fashion, or district wide connectivity. These streets provide thereby reducing increased costs that result when both access and circulation within and between maintenance is deferred. residential and commercial/industrial areas. 15.20.20 Definitions 3. Neighborhood routes are defined as streets that provide connections within the As used in this chapter, the following shall neighborhood and between neighborhoods. These mean: streets provide connectivity to collectors or arterials. A. Public Works Director. The public works director or the public works director's 4. Local commercial/industrial streets designee. are those streets within the city that are not designated as arterials or collectors and whose 15-20-1 Code Update: 8113 EXHIBIT A TIGARD MUNICIPAL CODE primary function is serving traffic to and from J. Responsible Party. The person or commercial and/or industrial (i.e., nonresidential) persons who by occupancy or contractual uses. arrangement are responsible to pay for utility and other services provided to an occupied unit. 5. Local streets are any streets within Unless another party has agreed in writing to pay the city that are not designated as arterials, and a copy of the writing is filed with the city, the collectors, neighborhood routes or identified as person(s) paying the city's water and/or sewer bill commercial/industrial streets. These streets have for an occupied unit shall be deemed the the sole function of providing access to responsible party as to that occupied unit. For any immediately adjacent land. occupied unit not otherwise required to pay a city utility bill, "responsible party" shall mean the G. Parking Space Requirement. The person or persons legally entitled to occupancy of minimum off-street vehicle parking requirement the occupied unit, unless another responsible party as stated in the minimum and maximum off-street has agreed in writing to pay and a copy of the vehicle and bicycle parking requirements in the writing is filed with the city. Any person who has Tigard Community Development Code section agreed in writing to pay is considered the 18.765 updated in February.2014. responsible person if a copy of the writing is filed with the city. H. Pavement Management Program (PMP). An annual program of corrective and preventative K. Street Maintenance. Any action to maintenance on City of Tigard streets funded by maintain city streets, including repair, renewal, the street maintenance fee (SMF). The program resurfacing, replacement and reconstruction. Street helps to extend the life of the pavement structure maintenance does not include the construction of by various means such as, pavement overlaying, new streets or street lighting. Street maintenance slurry sealing, or complete removal and shall include resurfacing of existing streets, repair replacement of asphalt. or replacement of curb and gutter where they exist, repair or replacement of the entire existing street I. Occupied Unit. Any structure or any structural section, repair or replacement of existing portion of any structure occupied for residential, street shoulders, pavement markers, striping and commercial, industrial, or other purposes. For other street markings, repair or replacement of example, in a multifamily residential develop- existing channelization devices, adjustment of ment, each dwelling unit shall be considered a existing utilities to match finish grades, other work separate occupied unit when occupied, and each that is required by law to be done in conjunction retail outlet in a shopping mall shall be considered a with street maintenance (such as curb rami separate occupied unit. An occupied unit may retrofits in accordance with the Americans with include more than one structure if all structures Disabilities Act and any other related work are part of the same dwelling unit or commercial within the existing streets. It includes repair or or industrial operation. For example an industrial restoration of existing storm drainage systems site with several structures that form an integrated within existing streets, but does not include manufacturing process operated by a single installation of new drainage systems. It includes manufacturer constitutes one occupied unit. right-of-way maintenance on the city's arterial Property that is undeveloped or, if developed, is and collector streets, and on Pacific Highway not in current use is not considered an occupied within the city limits. which covers maintenance unit. and enhancement of planting strips, medians and areas 15-20-2 Code Update:8113 EXHIBIT A TIGARD MUNICIPAL CODE between sidewalks and property lines on these maintenance. Other revenue sources may also be street to prevent the uncontrolled growth of weeds used for street maintenance. Amounts in the street and other undesirable vegetation in these areas. It maintenance fee fund may be invested by the does not include repair or replacement of existing finance director in accordance with state law. sidewalks except where work is required by law to Earnings from such investments shall be dedicated be done in conjunction with street maintenance. to the street maintenance fee fund. (Ord. 10-01 §2) B. The street maintenance fee fund shall not 15.20.30 Administrative Officers be used for other governmental or proprietary Designated purposes of the city, except to pay for an equitable share of the city's overhead costs including A. Except as provided in subsections B and accounting, management and other costs related to C of this section, the public works director shall management and operation of the street be responsible for the administration of this maintenance program. Engineering design, chapter. The public works director shall be pavement evaluation, construction management, responsible for developing administrative and other related costs, including project procedures for the chapter, administration of fees, advertisements for bid, in the implementation of and for the purposes of establishing the fee for a the street maintenance projects shall also be specific occupied unit, the consideration and considered as being used for street maintenance. assignment of categories of use, and parking space (Ord. 10-01 §2) requirements subject to appeal in accordance with this chapter. 15.20.50 Determination of Street Maintenance Fee B. The public works director shall be responsible for developing and maintaining street A. The street maintenance fee shall be maintenance programs for the maintenance of city established based on the following: streets and, subject to city budget committee review and city council approval, allocation and 1. The city's five-year maintenance expenditure of budget resources for street system and reconstruction plan for corrective and maintenance in accordance with this chapter. preventative maintenance of the city's street infrastructure. C. The finance director shall be responsible for the collection and calculation of fees and the 2. The average annual cost based on appeals process under this chapter. (Ord. 10-01 the five-year maintenance and reconstruction plan 2) with costs allocated as follows: 15.20.40 Street Maintenance Fees a. Arterial maintenance costs Allocated to the Street allocated 62% to nonresidential uses and 38% to Maintenance Fee Fund residential uses. A. All street maintenance fees received b. Local commercial/industrial shall be deposited to the street maintenance fee street maintenance costs allocated 100% to fund or other fund dedicated to the operation and nonresidential uses. maintenance of the city street system. The street maintenance fee fund shall be used for street 15-20-3 Code Update:8113 EXHIBIT A TIGARD MUNICIPAL CODE c. Collector maintenance costs C.Begififtiitg july 4, 2040, the fee for allocated 50% to residential uses and 50% to nonresidential uses. wig be effee6ve an Apri4 4, 2044 and the d4rd d. Neighborhood routes and local , 2042. The stree street maintenance costs allocated 100% to residential uses. 3. For residential property, the fee shall be charged on a per unit basis. DC. The street maintenance fee will be 4. For nonresidential property other adjusted according to an annual index. than gasoline stations, the fee shall be based on the minimum number of vehicle parking spaces as 1. The index is defined in the city's stated in the minimum and maximum off-street Master Fees and Charges Schedule. vehicle and bicycle parking requirements in the Tigard Community Development Code for each 2. A floor of two percent and a ceiling occupied unit:, of seven percent has been established. of ea4etAt6ag the street rnftintefiftnee fee shA be £D. The program shall be reviewed annually 250 :the not-treside_tia fee wig be _filet latex __id as part of the city's budget process. FE. Following each review of the program, the finance director shall review the revenue received from the new rates after a full year of a. In that nonresidential property collection to determine if the annual revenues meet with fewer than six required spaces shall the annual funding level set from the updated constitute a tier with a 50% reduction of the total five-year street maintenance plan. The finance fee amount. director shall report the findings of that review to city council and may make recommendations b. In recognition that religious on any potential fee increases or decreases based on institutions have minimum parking space that review. Any unspent funds will be placed in a requirements that are relatively large in reserve fund. (Ord. 13-06 comparison to the actual use of those spaces, the §1;Ord. 10-01 §2). total fee for each religious institution shall be reduced by 50%. 15.20.60 Determination of Amount, Billing and Collection of Fee 5. The street maintenance fee for gasoline stations shall be based on the number of A. For the purpose of establishing the fee, fueling positions. the minimum required number of parking spaces or the number of fueling positions for each B. The street maintenance fee rates shall be occupied unit of nonresidential property shall be established by council resolution. determined by the public works director. For uses not explicitly listed in the Tigard Development Code as to required parking, the public works 15-20-4 Code Update:8113 EXHIBIT A TIGARD MUNICIPAL CODE director shall assign the use to the similar category including termination of water and/or sanitary with the most similar impact on the transportation sewer service. (Ord. 10-01 §12). system,considering relevant information such as: 1. The size of the site and the building; 2. The number of employees; 3. Other developed sites with similar use. B. The public works director shall establish the amount of street maintenance fee payable for each unit of nonresidential property and shall inform the finance director of the amount. The amount payable shall be re-determined if there is a change in use or development. All redeterminations based on a change in use or development shall be prospective only. The finance director shall charge the per-unit street maintenance fee to the responsible party for each occupied unit of residential property. C. The street maintenance fee shall be billed to and collected from the responsible party for each occupied unit. Billings shall be included as part of the water and sewer bill for occupied units utilizing city water and/or sewer, and billed and collected separately for those occupied units not utilizing city water and/or sewer. All such bills shall be rendered regularly by the finance director and shall become due and payable upon receipt. D. Collections from utility customers will be applied first to interest and penalties, then proportionately among the various charges for utility services and street maintenance. E. An account is delinquent if the street maintenance fee is not paid by the due date shown on the utility bill. The city may follow the procedures for collection of delinquent accounts set forth in Sections 12.03.030 and/or 12.03.040, 15-20-5 Code Update: 8113 EXHIBIT A TIGARD MUNICIPAL CODE 15.20.70 Waiver of Fees in Case of F. For purposes of this section, a unit of Vacancy property is vacant when it has been continuously unoccupied and unused for at least 30 days. Fees A. When any developed property within the shall be waived in accordance with this section city becomes vacant as described in subsection F only while the property remains vacant. The of this section, upon written application and waiver duration is for six months. After six approval by the finance director, the street months, the responsible party must re-apply for maintenance fee shall thereafter not be billed and the waiver if the property continues to be shall not be a charge against the property until unoccupied and unused. The responsible party has such time as the property is no longer vacant. 30 days to re-apply for the vacancy waiver after the expiration of the six month waiver. Any B. The finance director is authorized to occupancy or use of the property terminates the cause an investigation of any property for which waiver. As a penalty for not reporting a change in an application for determination of vacancy is property vacancy, the city may charge any property submitted to verify any of the information two times the appropriate street maintenance fee, contained in the application. The finance director that would have been due without the vacancy is further authorized to develop and use a standard waiver for prior billing periods, upon determining form of application, provided it shall contain a by whatever means that the property did not qualify space for verification of the information and the for waiver of charges during the relevant time. The person signing such form affirms under penalty decision of the finance director under subsections for false swearing the accuracy of the information A, B and F of this section shall be final. (Ord. 10- provided therein. 08 §1, 2010; Ord. 10-01 §2) C. When any developed property within the 15.20.80 Administrative Provisions and city has the utilities shut-off due to vacancy, the Appeals street maintenance fee shall be waived for the duration of the vacancy as described in subsection A. The public works director shall have the F of this section. initial authority and responsibility to interpret all terms, provisions and requirements of this chapter D. When any multi-occupied developed and to determine the appropriate charges property within the city has one or more vacancies thereunder. The responsible party for an occupied as described in subsection F of this section, the unit may request reconsideration of the public responsible party may request, in writing, a works director's determination of the amount of waiver of a portion of the street maintenance fee the fee by submission of a written application to applicable to the vacant units. the public works director. The application shall be submitted in sufficient detail to enable the public E. When a change of use occurs, a vacancy works director to render a decision. has been filled, or a property is developed, it is the responsible party's responsibility to inform the city B. Within 30 days of the submission of a of any change so the proper street maintenance complete application requesting reconsideration of fees may be assessed. If the responsible party the amount of the street maintenance fee to be does not inform the city of any change, the city charged to an occupied unit, the public works shall cancel the vacancy waiver and charge the director shall render a decision on the application. responsible party as per subsection F of this section. The decision shall be written and shall include 15-20-6 Code Update: 8113 EXHIBIT A TIGARD MUNICIPAL CODE findings of fact and conclusions for the particular committee to render a decision. No other appeals aspects of the decision, based upon applicable shall be permitted. criteria, which may include a land use decision that modifies the minimum required vehicle parking E. The appeal committee shall schedule a for an occupied unit. A copy of the decision shall review of each appeal and shall notify the be mailed to the person submitting the request. appellant not less than 10 days prior thereto of the The public works director shall maintain a date of such review. The appeal committee shall collection of such decisions. Decisions of the public conduct a hearing to determine whether there is works director, which affect the amount of fee to substantial evidence in the record to support the be charged to a property, shall be forwarded to the interpretation given by the public works director finance director. Except as provided under and may continue the hearing for purposes of subsection D of this section, the decision of the gathering additional information bearing on the public works director is final. issue. The appeal committee shall render an initial oral decision and shall adopt a final written C. For the purpose of reviewing the fee, the decision together with appropriate findings in public works director may determine that the land support thereof. The decision of the appeal use category is proper and that the fee charged is committee shall be for the purpose of establishing appropriate. However, if the decision of the public the fee and limited to whether the appellant has works director results in a change in the category been assigned to the appropriate use category, or of land use, the public works director shall, for the whether the appropriate minimum vehicle parking purpose of establishing the fee, assign a new use space requirement or number of fueling positions category, determine the appropriate fee for the has been correctly identified. If the appeal category, and notify the finance director so that committee should determine that for the purpose the appropriate change may be made in the of establishing the fee, a different use category applicable fee to be charged in the future. No back should be assigned, or that the minimum parking charges or refunds are required. The decision of space requirement should be revised, it shall so the public works director, under this subsection C order, provided no refund of prior street only,may be appealed. maintenance fees shall be given. Only where the committee decision results in a change in use D. Council may form a subcommittee category and/or change in the minimum parking consisting of two council members, or appoint a space requirement will the filing fee on the appeal committee of disinterested citizens, hereinafter be refunded. The appeal committee decision shall known as the appeal committee, to address any be final. (Ord. 10-01 §2) appeals to the public works director's decisions. A responsible party who disputes the determination 15.20.90 Administrative Policies of the public works director as to use category or number of required parking spaces may file a A. The following policies shall apply to the written appeal with the appeal committee. All operation and scope of this chapter: appeals must be submitted within 10 days from the date of the public works director's decision, 1. Street maintenance fees imposed together with a filing fee in an amount set by under this chapter shall apply to all occupied units, council by resolution. The application for appeal occupied units owned and/or occupied by local, shall specify the reasons for the appeal and shall state and federal governments, as well as provide sufficient information for the appeal property which may be entitled to exemption from or deferral of ad valorem property taxation. 15-20-7 Code Update:8113 EXHIBIT A TIGARD MUNICIPAL CODE 2. Publicly owned park land, open consistent with policies expressed herein. Policies spaces and greenways shall not be subject to the adopted by the council shall be given full force street maintenance fee unless public off-street and effect, and unless clearly inconsistent with parking designed to accommodate the use of such this chapter shall apply uniformly throughout the areas is provided. city. 3. Areas used for commercial farming C. If an occupied unit of nonresidential or forestry operations shall be billed according to property is used for more than one use with the use of any structures on the site. Where a site different minimum parking requirements, the street is used exclusively for farming or forestry and not maintenance fee shall be based on the required for residential or commercial uses, the site shall parking for the total of the various uses. not be subject to the street maintenance fee. Where there are different seasonal uses of D. The determination or assignment of a use structures on farm or forest land, the use category category and minimum number of parking spaces shall be determined by examining the use for the under the provisions of this chapter are strictly longest portion of the year. Where more than one for the purpose of establishing a fee and are not use is made of a farming or forestry site, then each statutory land use decisions. (Ord. 10-01 use shall be examined separately and combination §2) of use categories shall be used to determine the street maintenance fee. 15.20.100 Penalty 4. Areas encompassing railroad and In addition to any other remedy, violation of public right-of-way shall not be subject to the street any provision of this chapter shall be a Class A maintenance fee. civil infraction. Each day of delinquency in paying the street maintenance fee constitutes a 5. Railroad property containing separate violation. structures, such as maintenance areas, non-rolling storage areas and areas used for the transfer of rail 15.20.110 Severability transported goods to non-rail transport shall be subject to street maintenance fees. A. In the event any section, subsection, paragraph, sentence or phrase of this chapter or 6. For newly developed properties, any administrative policy adopted herein is the fees imposed under this chapter shall become determined by a court of competent jurisdiction to due and payable from and after the date when the be invalid or unenforceable, the validity of the developed property is occupied and connected to remainder of the chapter shall continue to be the public water or sanitary sewer system. effective. If a court of competent jurisdiction determines that this chapter imposes a tax or B. The public works director is authorized charge, which is therefore unlawful as to certain and directed to review the operation of this but not all affected properties, then as to those chapter and, where appropriate, recommend certain properties, an exception or exceptions changes thereto in the form of administrative from the imposition of the street maintenance fee policies for adoption of the city council by shall thereby be created and the remainder of the resolution. Administrative policies are intended to chapter and the fees imposed thereunder shall provide guidance to property owners, subject to continue to apply to the remaining properties this chapter, as to its meaning or operation, without interruption. 15-20-8 Code Update: 8113 EXHIBIT A TIGARD MUNICIPAL CODE B. Nothing contained herein shall be construed as limiting the city's authority to levy special assessments in connection with public improvements pursuant to applicable law. (Ord. 03-10) ■ 15-20-9 Code Update:8113