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Presented to Tigard City Council

Presented to Tigard City Council. September 13, 2011. Achieving Compliance: Process Changes and Code Revisions. Presentation Outline. Brief review of past practices and program changes Overview of proposed amendments to Tigard Municipal Code Revisions to Chapter 1.16 – Civil Infractions

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Presented to Tigard City Council

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  1. Presented to Tigard City Council September 13, 2011 Achieving Compliance: Process Changes and Code Revisions

  2. Presentation Outline Brief review of past practices and program changes Overview of proposed amendments to Tigard Municipal Code Revisions to Chapter 1.16 – Civil Infractions Consolidation of nuisance violations into new Title 6 – Nuisance Violations and clarification of nuisance violations in Title 18 – Community Development Code Administrative rules

  3. Tigard’s History & Practices Livability Approach Past Practices Intake via phone, email, counter visit, letters Site visits to verify violation/compliance Significant personal contact with complainant and violator Summons to Court only enforcement “stick” Compliance rate nearly 100% when pursued Limited resources required some case selection/prioritization

  4. Review of Recent Program Changes Initiated as response to budget cuts and staff reductions in July 2010 Compliance priority lowered Focus on efficiency improvements: Streamlined/automated complaint intake and case management processes Significant reduction in field observations by staff Add administrative remedies to TMC; augment judicial option

  5. Review of Recent Program Changes Intake and case management process improvements Online intake system, started in July 2010, transfers portion of case management to the public System automatically opens case in permit software and stores information on case Auto generates letters to violators and complainant(s) Do the “best we can” until dedicated resources restored Assignment spread among staff with other primary duties Some improvements achieved in FY 2011-12 budget

  6. Proposed Code Amendments Revision of Chapter 1.16 – Civil Infractions to add Administrative Process to existing Judicial Process Consolidation of Nuisance Violations from five titles into one new title: Title 6 Utilize Administrative Rules to implement specific procedures and fees

  7. Revision of Chapter 1.16 – Civil Infractions Addition of Administrative Enforcement Process to Existing Judicial Process Attachment #1: Proposed revised table of contents for Chapter 1.16 Attachment #2: Comparison of similar but different provisions in Judicial and Administrative Processes for first notifications to respondents

  8. Revision of Chapter 1.16 – Civil Infractions (Cont.) Provision Authorizing use of Administrative Rules Attachment #3: Authorization provision Codifying Procedures for Obtaining Investigation and Abatement Warrants

  9. Title 6 – Nuisance Violations Consolidation of Nuisance Violations from: Attachment #4: Table of contents for Title 6, highlighted to show original titles for citations Chapter 7.40 – 29 sections (yellow) Title 11 – 3 sections (teal) Title 12 – 1 section (gray) Title 15 – 2 sections (green) Title 18 – 8 sections (red)

  10. Title 6 – Nuisance Violations (Cont.) Attachment #5: Sample page showing citations referring to Title 18 Attachment #6: Existing text in Title 18 Attachment #7: Strikethroughs showing proposed changes to graffiti provisions

  11. Administrative Rules Used to provide specific instructions to staff regarding implementation of code provisions Attachment #8: Draft Administrative Rule for determining Administrative Fees Attachment #9: Excel Spreadsheet for calculating Administrative Fees

  12. Specific Questions for Council Consideration Have we approached the placement of the administrative options appropriately in Chapter 1.16? Does the proposed administrative rulemaking authority provide the right level of specificity?  Are there elements of the program implementation that are missing and should be included as administrative rules? Does consolidation of nuisances into a new Title 6 make sense?

  13. Specific Questions, Contd. Are we on the right track with the conversion of Title 18 provisions into nuisance violations?  Are there specific sections from Title 18 proposed to be included in new Title 6 that need more detailed discussion? Are the proposed changes to graffiti regulations appropriate? Does the example administrative rule for calculation of the fee provide sufficient detail?  Are we capturing the right elements in the fee calculation sheet?

  14. Presented to Tigard City Council September 13, 2011 Achieving Compliance: Process Changes and Code Revisions

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