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Ordinance No. 19-05 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL _ ORDINANCE NO. 19-0�� AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAP 1'ER 3.32 REGARDING CITY FEES AND AUTHORITY FOR FEE WAIVERS 624—alylp_ANZA Tigard Municipal Code (TMC) Chapter 3.32 relates to fees and charges for City services and activities;and WHEREAS,TMC 3.32.070 authorizes the City Council to waive or exempt fees for certain nonprofits,but the implementation of this section has been inconsistent between departments and confusing;and WHEREAS,the City Council wishes to establish a uniform practice for allowing fee waivers;and WHEREAS, additional housekeeping amendments are needed to clarify TMC 3.32 and bring it in line with current practice. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 3.32 is amended as shown on Exhibit A (additional language is shown in underline and deleted text is shown in strikethrough): 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 (.t41Ci. t141i: -4 vote of all council members present after being read by number and title only,this 4 day of c-` - ,2019. 4‹,a,LA-il r&Ck--A(CVV-LA Kelly Burgoyne, I9eputy City Recorder APPROVED: By Tigard City Council this 'zi =day of91.-,(X1.1.--, ,2019. c �� Ja . Snider,Mayor Approved as to form: %7 ./ -- City Attorney t.QJLtIt`i Date ORDINANCE No. 19- ©S Page 1 TIGARD MUNICIPAL CODE Chapter 3.32 CITY FEES AND CHARGES authority to may set interim fees and charges pending adoption of a city council resolution. Sections: (Ord. 16-09 §1; Ord. 02-06, Ord. 82-72 §2, 1982). 3.32.010 Definitions 3.32.030 Method of Determining Rates 3.32.020 Authority for Fees and Charges 3.32.030 Method of Determining Rates for Fees and Charges A Rates shall will be based upon the 3.32.040 Administration reasonably determined costs for service and shall 3.32.050 Fee Adjustments and Schedules be based upon estimates from the current or 3.32.060 Failure to Pay Fees and proposed municipal budget for the following Charges categories, as applicable: 3.32.070 Exemptions 3.32.080 Ratification 1. Materials and services; 3.32.090 Recreation Program 2. Capital outlay; 3.32.010 Definitions 3. Indirect costs; For the purposes of this chapter, the singular shall include the plural and the masculine gender 4. Depreciation costs; and this chapter, unless the context othcrwiac requires, 5. Personnel costs. the following definitions shall apply: B. In no case shall the rate for fees and "Fees and charges"means the following: _ - •• - service or services provided. (Ord. 16-09 §1; Ord. 1. Fees and charges established for city 82-72 §3, 1982). services provided under this code; 3.32.040 Administration 2. Fees and charges for the dedication and vacation of streets and other public areas within The city finance director, or designee, shall the city; be is authorized to require a specific type of payment, in the event of a prior history of 3. Any other fee or charge established by nonpayment, returned checks, and or incidence of the council in which the council specifically states delayed, reduced or unpaid fees and charges. For that the fee or charge is to be subject to the applications which are subsequently withdrawn, provisions of this chapter. (Ord. 16-09 §1; Ord. the finance director, upon recommendation of the 82-72 §1, 1982). department head, may refund any or all of the fee amount not necessary to recover city costs 3.32.020 Authority incurred through the date of withdrawal. (Ord. 16- 09 §1; Ord. 82-72 §4, 1982). The Tigard City Council shall have has the authority to review and adopt by resolution rates for fees and charges reasonably related to the city's cost of service. The city manager shall have 3-32-1 Code Update: 7/16 TIGARD MUNICIPAL CODE 3.32.050 Fee Adjustments and Schedules city finance director shall will give notice of delinquency in writing, if a fee or charge is After January 1, 1983,adjustments in the rate unpaid. Such fee or charge shall must be paid of fees and charges shall will be reviewed by the within 10 days of the sending of such notice and, council at least annually, on or before July 1st of in addition, a delinquency fee in an amount to be any year. The council shall may consider the established by the resolution of council, by following in adjustments to fees and charges: (1) resolution and sufficient to cover the cost of the Peftland West Consumer Price Index; (2) the total wage increase in relevant union contracts;(3) If the fee or charge is unpaid at the end of the 10- costs for services analyses; (4) council policy day notification period, the initial amount of the directives, and (45) the provisions of Section fee shall will be doubled and the difference shall 3.32.030. (Ord. 16-09 §1;Ord. 82-72 §5, 1982). be-deemed a penalty. (Ord. 16-09 §1; Ord. 82-72 §6, 1982). 3.32.060 Failure to Pay Fees and Charges 3.32.070 Exemptions A. All persons submitting applications or The city eeebeil is authorized to waive or otherwise utilizing services or facilities of the city exempt the following fees or charges, imposed shall are required to pay the appropriate fee or .. .. '_. . _ . _' ._' ' charge imposed, unless waived pursuant to TMC and services,in an amount not to exceed$300, if a 3.32.070 party requests such a waiver in writing and the council city determines B. If the fee or charge for an application is that the requester has demonstrated a governed by the provisions of this chapter, failure need for the waiver community benefit from the to pay the same in full shall prevents the . ... ._ ' .. _ .. . submission of such application. If the city on the city. erroneously accepts an application, seep application is accepted through mistake or A. Rental fees for the use of a city facility. in ranee, the city finance director shall will B. Parks and recreation fees. give a notice to the applicant of the balance due of C. Temporary sign permit fees. such fee or charge, which balance shall must be D. Building permit fees, but not including paid within 10 days of the giving of such notice. trade permits. The finance director may waive the penalty if the failure to pay the full fee or charge was not the The waiver or exemption shall does not excuse the fault of the applicant. An aggrieved applicant may requester from compliance appeal the penalty decision of the director to the with other requirements of this code. Denials of council. If the fee or charge is unpaid after the 10- waiver requests may be made to city council. day period has expired, the application shall will (Ord. 16-09 §1;Ord. 82-72 §7, 1982). be considered withdrawn. Where action or work for which any permit is required under city code is 3.32.080 Ratification started or proceeded with prior to obtaining said permit,the fees specified shall will be doubled. The council determines that fees previously set by resolutions of the council were set to C. For all other fees and charges subject to recover cost and are hereby ratified pursuant to this chapter and not involving an application, the the ordinance codified in this chapter and shall 3-32-2 Code Update: 7/16 TIGARD MUNICIPAL CODE will remain in effect until superseded pursuant to the ordinance codified in this chapter. (Ord. 16-09 §1; Ord. 82-72 §8, 1982). 3.32.090 Recreation Program A, For purposes of the public works department recreation program, city council delegates its authority to adopt rates and charges for recreation programs and sponsorships, pursuant to Section 3.32.020, to the director of public works. - . _ Section 3.32.070, the public works director shall have the authority to waive, exempt, or otherwise reduce recreation program fees and charges. report back to council on the recreation program activities and revenues. (Ord. 16-09 §1) ■ 3-32-3 Code Update: 7/16