HomeMy WebLinkAboutOrdinance No. 26-03 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO.26- 03
AN ORDINANCE ADOPTING A NEW MUNICIPAL CODE CHAPTER 14.28 TEMPORARY CERTIFICATES OF
OCCUPANCY REGARDING THE PROCESSING OF TEMPORARY CERTIFICATE OF OCCUPANCY APPLICATIONS
WITHIN THE CITY OF TIGARD 4j( CCAi,.j,9 de d
WHEREAS, it has been a longstanding practice that the Tigard Building Official may issue temporary
certificates of occupancy for buildings and structures as allowed by the Oregon Specialty Code;and
WHEREAS, the City of Tigard currently issues temporary certificates of occupancy based on internal policies
and processes that are not clearly defined in the municipal code;and
WHEREAS, the Council desires to update and modernize the standards and procedures for issuance of
temporary certificates of occupancy to provide a clear and fair process and to ensure the protection of the
public health,safety, and welfare; and
WHEREAS, the proposed amendments codify existing internal processes and provide clear direction
regarding approval process,approval criteria,and approval period for temporary certificates of occupancies.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Title 14 is amended to add a new Chapter 14.28 for the purpose of
regulating Temporary Certificates of Occupancy as shown in"Exhibit A"of this Ordinance.
SECTION 2: This ordinance is effective 30 days after its passage by the council, signature by the
mayor, and posting by the city recorder.
PASSED: By 1. YJ t 1if 8-2 , vote of all council members present after being read by number
and title only,this l D"'day of c'sle&'ua-f c,1 , 2026.
440-e
Carol A. Krager, City Recorder
APPROVED: By Tigard City Council this / 1 {day of -6 v Cc py , 2026.
ORDINANCE No. 26-O 3
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Yi- ang Hu, or
Approved as to form:
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City Attorney
►D j a,o (-,
Date
ORDINANCE No.26-03
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EXHIBIT A
CHAPTER 14.28
TEMPORARY OF OCCUPANCY
c,e ncICRTES
14.28.010 Purpose
14.28.020 Definitions
14.28.030 Permit Required
14.28.040 General Provisions
14.28.050 Application Process
14.28.060 Approval Criteria
14.28.070 Denial, Revocation or Suspension
14.28.080 Violation—Penalty
14.28.010. Purpose.
This purpose of this chapter is to provide an appropriate and efficient application process for reviewing
applications for temporary certificates of occupancy.
14.28.020. Definitions.
For the purposes of this chapter,the following mean:
"Building" means any structure used or intended for sheltering any use or occupancy.
"Building Official" means the designee or designees appointed by the Director of Community
Development who is responsible for the building inspections and enforcement of the building code.
"Structure" means that which is built or constructed, an edifice or building of any kind, or piece of
work artificially built up or composed of parts joined together in some definite manner.
"Temporary Certificate of Occupancy" means an approval issued by the Building Official that allows
for temporary full or partial occupancy of a building before full completion of the structure and
issuance of a Final Certificate of Occupancy.
14.28.030. Permit Required.
A Temporary Certificate of Occupancy is required to occupy all or any portion of a building or
structure if occupancy is proposed prior to the issuance of a Final Certificate of Occupancy.
14.28.040. General Provisions.
A. Temporary Certificates of Occupancy may be issued by the Building Official or designee.
B. Temporary Certificates of Occupancy may not be issued for Detached One- and Two-Family
Dwellings and Townhouses, as defined in the Oregon Residential Specialty Code.
C. An applicant for a Temporary Certificate of Occupancy must provide the Building Official with
current contact information for the insurer of the property. The city may notify the insurer if the
Temporary Certificate of Occupancy expires and a Final Certificate of Occupancy has not been
issued.
D. A Temporary Certificate of Occupancy will expire on the date specified in the approval. The
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EXHIBIT A
Building Official may approve a Temporary Certificate of Occupancy for a maximum period of
up to six months.
E. Prior to the expiration of a Temporary Certificate of Occupancy, but in no case more than 30 days
prior to the expiration, an application for a new Temporary Certificate of Occupancy may be
submitted. All associated fees and charges will be assessed at the full rate and may not be reduced
or waived.
14.28.050. Application Process.
Applications for a Temporary Certificate of Occupancy must be submitted to the Building Official
and include the following information:
A. Authorizing signature of all property owners.
B. A detailed list of remaining items to be completed and a proposed schedule for completion.
C. Application fee.
D. Any other information required by the Building Official.
14.28.060. Approval Criteria.
The Building Official will approve an application for a Temporary Certificate of Occupancy when
the following criteria are met:
A. All fire, life, and safety requirements have been satisfied.
B. All system development charges including any deferred charges have been paid.
C. All required bonds have been submitted and accepted by the City.
D. The issuance of a Temporary Certificate of Occupancy has been approved by both the Community
Development Director or designee and the City Engineer or designee. Se ne-e.
rcV‘Std
14.28.070. Denial, Revocation or Suspension.
A. The Building Official may deny an application for Temporary Certificate of Occupancy if the
application does not meet the approval criteria or general provisions of this Chapter, or is
incomplete, or presents a risk to public health, safety, and welfare.
B. The Building Official may revoke or suspend an issued certificate of occupancy if:
1. The temporary certificate of occupancy was issued in error; or
2. The applicant violates or cannot meet any requirement of this chapter; or
3. The application provided incorrect or misleading information.
C. If a Temporary Certificate of Occupancy is revoked or expires,the structure will no longer have
legal occupancy approval and the city may pursue eviction of the structure.
14.28.080. Violation—Penalty.
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• EXHIBIT A
Violation of this chapter constitutes a Class I civil infraction subject to Chapter 1.16 of the Tigard
Municipal Code.
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