CITY OF ESTACADA AGENDA MAYOR SEAN DRINKWINE COUNCILOR AARON GANT COUNCILOR DAN NEUJAHR COUNCILOR JUSTIN GATES COUNCILOR K.C. SPANGLER COUNCILOR LANELLE KING COUNCILOR LUKE WEVER ESTACADA CITY COUNCIL ESTACADA CITY HALL, COUNCIL CHAMBERS 475 SE MAIN STREET, ESTACADA, OREGON MONDAY, OCTOBER 22, 2018 - 7:00 PM
1. CALL TO ORDER BY PRESIDING OFFICER (An invocation will be offered prior to call to order) . Pledge of Allegiance . Roll Call
2. CITIZEN AND COMMUNITY GROUP COMMENTS Instructions for providing testimony are located above the information table and the back of this agenda
3. CONSENT AGENDA Council members have the opportunity to move items from the Consent Agenda to Council Business. Council actions are taken in one motion on Consent Agenda Items. a. October 8, 2018 Council minutes b. Contract – Walker’s/Arrow sub-contract for drop boxes
4. DEPARTMENT & COMMITTEE REPORTS a. Committee, Commission and Liaison b. City Manager Report
5. PUBLIC HEARINGS a. Street Vacation Application #2018-01 – 560 SE 4th Avenue
6. COUNCIL BUSINESS Items may be added from the Consent Agenda upon request of the Mayor or Councilor. a. Ordinance #2018-008 – An Ordinance vacating public street right-of-way and providing title to it to the property described as Tax Lot 34E28BC04900 b. Ordinance #2018-009 – An Ordinance amending section 8.28.010 – Chronic nuisance of the Estacada Municipal Code c. Ordinance #2018-006 – An Ordinance amending certain chapters in Title 10 – Vehicles and Traffic of the Estacada Municipal Code d. Clackamas County Vehicle Registration Fee – Mayor Drinkwine
7. CITIZEN AND COMMUNITY GROUP COMMENTS Instructions for providing testimony are located above the information table and the back of this agenda
8. MAYOR & COUNCIL REPORTS & COMMENTS 9. ADJOURNMENT OF MEETING PUBLIC PARTICIPATION
RULES OF CONDUCT:
A meeting of the Estacada City Council is a public board conducting business in public. Procedures shall be developed to ensure that persons wishing to appear before the Mayor/City Council may be heard; yet the Mayor/City Council will follow the procedures pertaining to public participation at council meetings.
1. A visitor may be recognized by the Mayor by approaching the podium, identifying himself with his/her full name and address, and stating his purpose for appearing.
2. A group of visitors with a common purpose should designate a spokesperson to speak for the group.
3. At the discretion of the Mayor/City Council, when meetings are large or controversial, anyone wishing to speak before the Council, either as an individual or as a member of a group, on any agenda or other topic, may do so by providing information to the City Recorder on a sign-in sheet prior to the meeting. This will help the Mayor provide adequate time for each agenda item.
4. Discussion or presentation concerning a published agenda item is limited to its designated place on the agenda, unless otherwise authorized by the Mayor.
5. A visitor may introduce a topic on the published agenda. However, the Mayor/City Council, at its discretion, may require that a proposal, inquiry, or request be submitted in writing, and reserve the right to refer the matter to the administration for action or for study at a subsequent meeting.
6. Statements by members of the public should be brief and concise. A time limit of five (5) minutes will be allotted to an individual or a member of a group on discussion or oral presentation on any topic. An individual or member of a group will be recognized by the chairperson only one (1) time on an agenda item or other topic during the meeting.
7. Speakers may offer objective criticism of Council operations and programs but the Mayor/City Council will not hear complaints concerning specific City personnel. The Mayor will direct the visitor to the appropriate means of City consideration and disposition of legitimate complaints involving individuals.
THE COUNCIL CHAMBER IS HANDICAPPED ACCESSIBLE. PLEASE LET US KNOW IF YOU WILL NEED ANY SPECIAL ACCOMMODATIONS TO ATTEND THE MEETING. Estacada City Council Meeting October 8, 2018 – Page | 1 ESTACADA CITY COUNCIL MEETING MINUTES ESTACADA CITY HALL, COUNCIL CHAMBERS 475 SE MAIN STREET, ESTACADA, OREGON MONDAY, OCTOBER 8, 2018 - 7:00 PM
CALL TO ORDER BY PRESIDING OFFICER The meeting was called to order at 7:00pm. Mayor Drinkwine led in the pledge of allegiance.
Present: Cr. Justin Gates, Cr. Lanelle King, Cr. K.C. Spangler, Cr. Luke Wever, Mayor Sean Drinkwine, CM Denise Carey, CR Sadie Main.
Absent: Cr. Aaron Gant, Cr. Dan Neujahr.
CITIZEN AND COMMUNITY GROUP COMMENTS
Patti Allen, Estacada resident, shared her concern regarding the increased traffic on Pierce Street due to the Shafford Street project. She would like to see someone do something to slow down the traffic and decrease the noise. She stated she would also like to see the Clackamas County Sheriff’s Deputies patrol her street. Cr. Spangler encouraged Ms. Allen to call the non-emergency police line for her traffic concerns because CCSO does have a dedicated traffic deputy on duty.
CONSENT AGENDA a. September 24, 2018 Council minutes b. Change Order for Pierce Street Water Line c. Liquor License Application – Real Deal Grocery
Cr. Gates moved to approve the consent agenda. Cr. Spangler seconded the motion. The motion passed with 5 yes and 0 no.
DEPARTMENT & COMMITTEE REPORTS
Committee, Commission and Liaison Reports – No reports.
City Manager Report – CM stated that the school district would like to hold a Joint School Board and City Council meeting on Tuesday, November 13th at 6:30pm at the school district. The plan is to hold two of these joint meetings per year and take turns hosting them. CM stated that paving on NE Main Street between 5th and 6th Avenue will take place this coming Friday, as there is no school that day. CM stated that the sidewalks & concrete work is being done on Shafford Street this week. CM invited the Councilors to attend “Good Morning Estacada” tomorrow at Framework Plus in the Industrial Park from 8:00-9:00am.
COUNCIL BUSINESS
SECOND CONSIDERATION – Ordinance #2018-003 – An ordinance adopting a City of Estacada Active Transportation Plan, as well as active transportation land use planning Estacada City Council Meeting October 8, 2018 – Page | 2
policies and land use rules needed to implement those policies, with corresponding amendments to the City’s Comprehensive Plan, Transportation System Plan, and Development Code Chapters 16.16, 16.26, 16.28, 16.36, 16.74, 16.76, 16.128, and 16.132; with the adoption of a new Development Code Chapter 16.118 related to pedestrians, connectivity, and transit stops; and with updates to the Introduction chapter, chapter numbering format, and chapter titles of the Comprehensive Plan – Cr. Spangler moved to adopt Ordinance #2018-003. Cr. King seconded the motion. The motion passed with 5 yes and 0 no.
Clackamas County Vehicle Registration Fee – Mayor Drinkwine – Mayor Drinkwine stated that there have been discussions during his C-4 meetings regarding enacting an annual Clackamas County vehicle registration fee in the amount of $30 per vehicle. Mayor Drinkwine stated that Estacada would receive approximately $63,000 if the fee is approved by voters. Mayor Drinkwine stated that this revenue would be dedicated to the street fund. Cr. Gates shared his concern about the amount of the fee. Cr. Wever does not support the fee. Cr. King feels like it should be put to the voters to decide. After discussion it was the consensus of the Council to write the letter of support needed to help place this on the ballot.
CITIZEN AND COMMUNITY GROUP COMMENTS
Gary Mengis, Estacada resident, commented that the vehicle registration fee could help promote the Active Transportation Plan.
MAYOR & COUNCIL REPORTS & COMMENTS
Cr. Spangler attended “Coffee with a Cop” last week and was very impressed with Clackamas County Sheriff’s Office.
Cr. Gates & Cr. Wever thanked the audience for attending.
Cr. King thanked Ms. Allen for the reminder to keep her neighborhood in mind during the construction on Shafford Street.
Mayor Drinkwine introduced the Council candidates in the audience, Katy Dunsmuir & Bryan Short and stated that Jerry Tenbush, Aaron Gant, Dan Neujahr & Justin Gates are also running for the 3 open positions on Council. He stated that he will attend the Chamber of Commerce Candidate Forum. Mayor Drinkwine thanked the audience for attending.
ADJOURNMENT OF MEETING
The meeting was adjourned at 7:22pm. Contract will be provided at the meeting. COMMITTEE & COMMISSION MINUTES
Budget: http://www.cityofestacada.org/bc-budget-com
Arts: http://www.cityofestacada.org/bc-eaac
Library: http://www.cityofestacada.org/bc-lb
Infrastructure: http://www.cityofestacada.org/bc-ic
Parks & Recreation: http://www.cityofestacada.org/bc-prc
Planning: http://www.cityofestacada.org/bc-pc
Downtown Estacada: http://www.cityofestacada.org/bc-dec
PROJECT NAME: Street ROW Vacation for 560 SE 4th Ave FILE Nos: Ordinance 2018-008 (2018-01 STREET VACATION) REPORT AUTHOR: Glen Hamburg, Planner REPORT DATE: October 15, 2018 CITY COUNCIL HEARING DATE: October 22, 2018
PLANNING STAFF REPORT AND RECOMMENDATION TO THE CITY COUNCIL
GENERAL INFORMATION:
Applicants: Rick and Barbara McCullough, 560 SE 4th Ave, Estacada, OR 97023
Proposal: Adoption of Ord. 2018-008 to vacate approximately 1,850 ft2 of dead-ending and unused public street right-of-way on the subject property
Location: Stemming from the south side of SE 4th Ave, in to Tax Lot 34E28BC04900
Benefitting Parcel Address: 560 SE 4th Ave, Estacada, OR 97023
Benefiting Parcel Legal Description: T3S, R4E, Section 28BC, Tax Lot 4900
Benefitting Parcel Owners: Rick and Barbara McCullough, 560 SE 4th Ave, Estacada, OR 97023
Zone: R-1: Low Density Residential
Estacada Comprehensive Plan Designation: Low Density Residential
RECOMMENDATION: Approval of Ord. 2018-008, with conditions
Ordinance 2018-008 (2018-01 STREET VACATION) Page 1 of 9 Planning Staff Report
PART I: BACKGROUND & SUMMARY
If approved by the City Council, Ordinance 2018-008 (Exhibit 1) would vacate a remaining portion of unused public street right-of-way, subject to the conditions of approval recommended by Staff in Part III of this report. The proposal was initiated by the City Council at its meeting on September 10, 2018, following a request made by the owners of the single property that would benefit from the vacation in their application numbered “2018-01 STREET VACATION”. The proposed right-of-way vacation has been duly noticed according to the statutory requirements reviewed in Part II of this report.
SITE DESCRIPTION: The area proposed for vacation is the roughly 1,850-square-foot portion of right-of-way bordered by Tax Lot 34E28BC4900 at the west, south, and east and stemming from the southern side of SE 4th Ave (see Figures I.1-5 on the following pages). The area is rectangular, measuring 12 feet wide and approximately 153 feet long. The northern side of the subject area to be vacated adjoins the southern side of the City’s SE 4th Ave right-of-way.
The subject area is not paved or actively maintained by the City. It is in a portion of a gravel access way serving a single-family dwelling on Tax Lot 34E28BC04900 (560 SE 4th Ave); that same access way also appears by Staff to provide access to Tax Lot 34E28BC09400 (468 SE 4th Ave), as shown in Figures I.4 and I.5 on Page 5. Staff therefore recommends a condition of approval requiring the applicants, who are the owners of the benefiting parcel (Tax Lot 34E28BC04900), provide evidence that neighboring Tax Lot 34E28BC09400 will not lose any existing access rights because of the vacation or provide the written consent of all owners of Tax Lot 34E28BC09400 agreeing to the loss of those access rights. It is recommended that such evidence include documentation showing Tax Lot 34E28BC09400 will continue to have at least one point of legal access to a public right-of-way upon vacation of the subject area, whether directly off of SE 4th Ave, or by way of an access easement across neighboring lots to SE 4th Ave and/or SE Espinosa St. It is further recommended that the evidence be provided before any vacation records are filed.
SURROUNDING CONDITIONS: The subject area is a half-street-wide remaining portion of a formerly full public street right-of-way for a road off SE 4th Ave that was never built out. The rest of that former right-of-way has already been vacated. The property to the south of the subject area is a portion of the benefitting parcel, steep treed hillside, and the back yards of existing residential development already accessed by other constructed public streets, such as SE Forest Glen Rd. The area to be vacated by Ord. 2018-008 is not needed for any connection included in the City’s Transportation System Plan or Active Transportation Plan.
Ordinance 2018-008 (2018-01 STREET VACATION) Page 2 of 9 Planning Staff Report
Figure I.1 Approximate location of subject ROW in red
Figure I.2 Approximate location of subject ROW, looking east
Ordinance 2018-008 (2018-01 STREET VACATION) Page 3 of 9 Planning Staff Report
Figure I.3 Approximate (un-surveyed) location of subject ROW, looking south
Ordinance 2018-008 (2018-01 STREET VACATION) Page 4 of 9 Planning Staff Report
Figure I.4 Approximate (un-surveyed) location of subject ROW, looking south
Figure I.5 Approximate (un-surveyed) location of subject ROW, looking west at 468 SE 4th Ave
Ordinance 2018-008 (2018-01 STREET VACATION) Page 5 of 9 Planning Staff Report
PART II: REVIEW OF ORS CHAPTER 271 VACATION STANDARDS
This application is subject to Chapter 271 of the Oregon Revised Statutes (ORS). Relevant sections of Chapter 271 are reviewed here by Staff.
ORS 271.130: Vacation on city governing body’s own motion.
1. The city governing body may initiate vacation proceedings authorized by ORS 271.080 (Vacation in incorporated cities) and make such vacation without a petition or consent of property owners. Notice shall be given as provided by ORS 271.110 (Notice of hearing), but such vacation shall not be made before the date set for hearing, nor if the owners of a majority of the area affected, computed on the basis provided in ORS 271.080 (Vacation in incorporated cities), object in writing thereto, nor shall any street area be vacated without the consent of the owners of the abutting property if the vacation will substantially affect the market value of such property, unless the city governing body provides for paying damages. Provision for paying such damages may be made by a local assessment, or in such other manner as the city charter may provide.
The City Council initiated the proceedings to vacate the subject street right-of-way on September 10, 2018, following their initial review of an application requesting the vacation. Before the requested vacation has been made, notice of the proposal was provided in accordance with ORS 271.110, having been published on September 20 and October 2, 2018. No property owners have objected in writing to the proposed vacation. The single abutting property, Tax Lot 34E28BC04900, is owned by Rick and Barbara McCullough, who have expressed their consent for the vacation by requesting this vacation from the City Council. Staff does not find it necessary to pay damages to these property owners.
This criterion is met.
2. Two or more streets, alleys, avenues and boulevards, or parts thereof, may be joined in one proceeding, provided they intersect or are adjacent and parallel to each other.
Ord. 2018-008 considers only a portion of a single dead-ending street right-of-way.
This criterion is not applicable.
3. No ordinance for the vacation of all or part of a plat shall be passed by the governing body until the city recording officer has filed in the office of the city recording officer or indorsed on the petition for such vacation a certificate showing that all city liens and all taxes have been paid on the lands covered by the plat or portion thereof to be vacated.
Ordinance 2018-008 (2018-01 STREET VACATION) Page 6 of 9 Planning Staff Report
The City’s recording officer has documentation showing that all City liens and all taxes have been paid on the lands covered by the portion of the plat to be vacated by Ord. 2018-008.
This criterion is met.
4. Any property owner affected by the order of vacation or the order awarding damages or benefits in such vacation proceedings may appeal to the circuit court of the county where such city is situated in the manner provided by the city charter. If the charter does not provide for such appeal, the appeal shall be taken within the time and in substantially the manner provided for taking an appeal from justice court in civil cases.
This procedural statute is not relevant to the current proposal to adopt Ord. 2018-008.
This criterion is not applicable.
ORS 271.140: Title to vacated areas. The title to the street or other public area vacated shall attach to the lands bordering on such area in equal portions; except that where the area has been originally dedicated by different persons and the fee title to such area has not been otherwise disposed of, original boundary lines shall be adhered to and the street area which lies on each side of such boundary line shall attach to the abutting property on such side. If a public square is vacated the title thereto shall vest in the city.
According to this statute, title of the vacated area defined in Ord. 2018-008 shall attach to the single property that surrounds it, Tax Lot 34E28BC04900, which is currently owned by the applicants. The area to be vacated does not involve a boundary line between multiple abutting lots, nor does it involve a public square.
This criterion is met.
ORS 271.150: Vacation records to be filed. A certified copy of the ordinance vacating any street or plat area and any map, plat or other record in regard thereto which may be required or provided for by law, shall be filed for record with the county clerk. The petitioner for such vacation shall bear the recording cost and the cost of preparing and filing the certified copy of the ordinance and map. A certified copy of any such ordinance shall be filed with the county assessor and county surveyor.
If the City Council adopts Ord. 2018-008, these filing procedures can be followed. A condition of approval is warranted to ensure that the vacation is filed as required.
With conditions of approval, this criterion can be met.
ORS 271.160: Vacations for purposes of rededication. No street shall be vacated upon the petition of any person when it is proposed to replat or rededicate all or part of any street in lieu of the original
Ordinance 2018-008 (2018-01 STREET VACATION) Page 7 of 9 Planning Staff Report
unless such petition is accompanied by a plat showing the proposed manner of replatting or rededicating. If the proposed manner of replatting or rededicating or any modification thereof which may subsequently be made meets with the approval of the city governing body, it shall require a suitable guarantee to be given for the carrying out of such replatting or rededication or may make any vacation conditional or to take effect only upon the consummation of such replatting or rededication.
Ord. 2018-008 would not vacate any right-of-way for the purposes of rededication.
This criterion is not applicable.
Ordinance 2018-008 (2018-01 STREET VACATION) Page 8 of 9 Planning Staff Report
PART III: STAFF RECOMMENDATION
For the reasons detailed in Part I of this report, Staff finds the public street right-of-way proposed for vacation and detailed in Ord. 2018-008 is not needed by the City of Estacada for any current, planned, or likely transportation needs. Staff further finds that it would be in the interest of the City to remove this incongruity from a piece of private property due to the vacation’s potential for increasing the property’s value and for clarifying the plat. Finally, for the reasons detailed in Part II, Staff finds that all applicable statutes are or can be met. Staff therefore recommends that Ord. 2018-008 be APPROVED, subject to the following conditions:
1. The City’s recording officer shall verify that all City liens and all taxes have been paid on the lands covered by the portion of the plat to be vacated by Ord. 2018-008.
2. The vacation shall be filed as required by ORS 271.150.
3. All expenses associated with completing this vacation, including any surveying costs and recording/filing fees, shall be paid by the owners of Tax Lot 34E28BC04900.
EXHIBITS:
1. Ordinance 2018-008 2. Boundary Survey PS-17472, identifying benefiting parcel
Ordinance 2018-008 (2018-01 STREET VACATION) Page 9 of 9 Planning Staff Report EXHIBIT 1 City of Estacada Ord. 2018-008 (2018-01 STREET VACATION) Page 1 of 2 EXHIBIT 1 City of Estacada Ord. 2018-008 (2018-01 STREET VACATION) Page 2 of 2 EXHIBIT 2 City of Estacada Ord. 2018-009 (2018-01 STREET VACATION) Page 1 of 1 CITY COUNCIL AGENDA COVER SHEET
Meeting Date: Submitted by: Prior Council Reviews October 22, 2018 Sadie Main, City Recorder n/a
TOPIC: Ordinance Series of 2018, No. 009 – An Ordinance amending section 8.28.010 – Chronic nuisance of the Estacada Municipal Code.
ATTACHMENTS: 1. Ordinance Series of 2018, No. 009
BACKGROUND: The City of Estacada recently contracted with Clackamas County for police services. The City previously contracted with the City of Sandy for police service and adopted ordinances that allowed them to enforce codes and ordinances inside the city limits. Section 8.28.010 of the Estacada Municipal Code needs to be revised to adopt the Clackamas County code regarding chronic nuisances and grant Clackamas County the authority to enforce this code within the city.
DISCUSSION: If adopted, Ordinance 2018-009 will replace the previously adopted City of Sandy code regarding chronic nuisances with the Clackamas County code and grant the Clackamas County Sheriff’s Office the authority to enforce this code.
BUDGET IMPACT: None.
RECOMMENDED ACTION: Review and adopt Ordinance 2018-009. ORDINANCE SERIES OF 2018, NO. 009
An Ordinance amending section 8.28.010 – Chronic nuisance of the Estacada Municipal Code.
The City of Estacada ordains as follows:
Section 1. Section 8.28.010 Chronic nuisance, will be amended to read as follows:
The city adopts the City of Sandy Municipal Code Chapter 8.22, Chronic Nuisance Properties, and grants consent to the Sandy Police Department to administer the ordinance codified in this chapter within the city.
The city adopts Clackamas County Code Chapter 6.08, Chronic Nuisance, and grants consent to Clackamas County to administer the ordinance codified in this chapter within the city.
Considered at the Council meeting of October 22, 2018, passed by a vote of _____ ayes and _____ nays, and considered for the second time at the meeting of ______, and passed by a vote of _____ ayes and ____ nays.
DULY ADOPTED by the City Council of the City of Estacada this _____ day of ______, 2018.
______Sean Drinkwine, Mayor
ATTEST: ______Sadie Main, City Recorder
TITLE 6 - 30
Chapter 6.08 6.08 CHRONIC NUISANCE
6.08.010 Chronic Nuisance Property – Violations.
A. Any property within Clackamas County, that becomes a chronic nuisance property, as defined herein, is in violation of this Chapter and subject to its remedies. B. Any person who permits property under his or her ownership, possession, or control to be a chronic nuisance property, as defined herein, shall be in violation of this Chapter and subject to its remedies. [Added by Ord. 08-2001, 7-12-01; Amended by Ord. 13-2002, 10/17/02]
6.08.020 Definitions.
A. ABATE: Affirmative actions to remove, to stop, to prevent a nuisance including but not limited to: 1. Restricting or limiting use of the Property, including posting the property with signs indicating such restrictions. 2. Limiting the hours of operation of a business. 3. Closing the Property for not less than six (6) months or more than one (1) year. 4. Entering premises for purposes of removing, compelling the removal or destruction of the structure, thing, substance, condition or property constituting a nuisance. 5. Filing a civil complaint in a court of competent jurisdiction. B. BOARD OF COMMISSIONERS: The Board of Commissioners for Clackamas County. C. CHRONIC NUISANCE PROPERTY: 1. Property on which three (3) or more Nuisance Activities exist or have occurred during any sixty (60) day period or on which twelve (12) or more Nuisance Activities exist or have occurred during any twelve (12) month period; or 2. Property within 200 feet of which three (3) or more Nuisance Activities exist or have occurred during any sixty (60) day period or twelve (12) or more Nuisance Activities exist or have occurred during any twelve (12) month period, and the Nuisance Activities were engaged in by any Person Associated with the Property. D. CONTROL: The authority to regulate, restrain, dominate, counteract or govern Property, or conduct that occurs on a Property. E. GOOD CAUSE: Circumstances beyond the ability of a person acting with reasonable care and diligence to control. F. NUISANCE ACTIVITIES: 1. Any of the following activities, behaviors or conduct: TITLE 6 - 31
a. Any activity on the Property, the commission of which constitutes a misdemeanor or felony criminal offense, even if criminal charges have not been issued or a criminal case is pending but not yet resolved. b. Noise violations as prohibited in Clackamas County Code Sections 6.05.010 through 6.05.100. c. Prohibited touching and nudity in massage as prohibited in Clackamas County Code Sections 6.02.010 through 6.02.070. d. Arrests for criminal activity or based on a warrant of any kind. e. Aiding or abetting in the commission of any crime as described by ORS 161.155. f. Ordinance or code violations, including but not limited to violations of the solid waste ordinance, where the violations appear to a sworn law enforcement officer or duly authorized code enforcement officer to be reasonably likely to pose a threat to the health or safety of occupants or neighbors of the property or to the public at large. g. Illegal occupation, camping, or squatting by individuals without authority or right to be on the property. h. Harboring or giving refuge to a person who is actively sought or wanted in custody by a law enforcement agency. 2. To qualify, all Nuisance Activities must be based on either: a. Personal observation of the Sheriff or designee; or b. A determination by the Sheriff or designee, either after an investigation or following a sworn statement of a person who personally witnessed the alleged incident and a determination that there are reasonable grounds to conclude that the alleged Nuisance Activities did, in fact, occur. G. PERMIT: To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act. H. PERSON: Any natural person, agent, association, firm, partnership, corporation or other entity capable of owning, occupying or using Property in Clackamas County. I. PERSON ASSOCIATED WITH THE PROPERTY: Any Person who, on the occasion of a Nuisance Activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit a Property or any Person present on a Property. Person Associated With the Property includes, without limitation, any officer, director, customer, agent, employee, or any independent contractor of a Property, the Person in Charge, or an owner of a Property. J. PERSON IN CHARGE: Any Person with actual or constructive possession of a Property, including but not limited to an owner or occupant of Property under his or her ownership or Control. K. PROPERTY: Any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, TITLE 6 - 32
unit or portion thereof, or any business equipment, whether or not permanent. For Property consisting of more than one unit, Property may be limited to the unit or the portion of the Property on which any Nuisance Activity has occurred or is occurring, but includes areas of the Property used in common by all units of Property including without limitation other structures erected on the Property and areas used for parking, loading and landscaping. L. SHERIFF: The Clackamas County Sheriff. [Added by Ord. 08-2001, 7/12/01; Amended by Ord. 13-2002, 10/17/02; Amended by Ord. 03-2016, 8/11/16]
6.08.030 Procedure
A. When the Sheriff or designee receives information indicating the existence of activities which qualify as nuisance activities: 1. The Sheriff or designee shall independently review such information to determine whether a Chronic Nuisance Property as defined in 6.08.020.C. is more likely than not established by the information. 2. Upon such determination, the Sheriff shall notify a Person in Charge in writing that the Property has been determined to be a Chronic Nuisance Property and request an abatement plan from the Person in Charge. 3. The notice shall contain the following information: a. The street address or a legal description sufficient for identification of the Property. b. A statement that the Sheriff has determined the Property to be a Chronic Nuisance Property with a concise description of the Nuisance Activities leading to this determination. c. A demand that the Person in Charge respond within ten (10) days to the Sheriff by either describing the actions the Person in Charge intends to take to abate the Nuisance Activities (abatement plan), or indicating good cause as to why the Person in Charge cannot abate the Nuisance Activities, or contesting the determination of the Sheriff to the Board of Commissioners. d. That an agreed abatement plan must be reached with the Sheriff or designee within thirty (30) days from the date of the notice of determination of Chronic Nuisance Property. e. That if the Nuisance Activities are not abated and good cause for failure to abate is not shown, the matter may be referred by the Sheriff to the Board of Commissioners with a recommendation that the Board of Commissioners authorize the County Counsel to seek any remedy deemed to be appropriate to abate the Nuisance Activities. f. That permitting Chronic Nuisance Property is a violation of this Chapter. g. That the above remedies are in addition to those otherwise provided by law. TITLE 6 - 33
4. Notice may be served by personal service, posting on the Property, or mailing with return receipt requested. Notice may be delivered to the Property, to the mailing address of the owner of the Property as listed on the county tax roll, or to any other address that is likely to give the Person in Charge notice of the determination of the Sheriff. 5. The failure of any person to receive notice shall not invalidate or otherwise affect the proceedings under this Chapter. B. The Sheriff may take further action as described in Section 6.08.040 of this chapter when: 1. The Person in Charge fails to respond within ten (10) days from the date of the notice of determination of Chronic Nuisance Property by the Sheriff; or 2. No agreeable written abatement plan is reached within thirty (30) days from the notice of determination of Chronic Nuisance Property by the Sheriff; or 3. The Person in Charge fails to abate the Nuisance Activities from the Property as required by the agreed abatement plan; or 4. The Person in Charge fails to comply with all conditions of the written abatement plan for one year. C. When the Person in Charge includes both a Person with actual or constructive possession of the Property and a legal owner of the Property, both people must agree to any proposed abatement plan within the time allotted under subsection (A)(3)(d) of this Section. Failure of both to agree to a proposed abatement plan shall result in a finding by the Sheriff that the abatement plan is not agreeable under subsection (B)(2) of this Section. D. Failure to respond, failure to abate the Nuisance Activities, or failure to propose an abatement plan shall be prima facie evidence of lack of cooperativeness of the Person in Charge. Failure to execute or comply with any abatement plan shall be prima facie evidence of lack of good faith in mitigating or correcting the situation. [Added by Ord. 08-2001, 7/12/01; Amended by Ord. 13-2002, 10/17/02; Amended by Ord. 03-2016, 8/11/16]
6.08.040 Commencement of Actions; Remedies; Burden of Proof
A. After receiving a referral from the Sheriff or his or her designee, the Board of may authorize the County Counsel to commence legal proceedings in the Circuit Court to abate Chronic Nuisance Property and to seek closure of the Property, the imposition of civil penalties against any or all of the Persons in Charge thereof, and, any other relief deemed appropriate. B. If the County submits a case to the Circuit Court, any disputed issues of law or fact as to the Property’s designation as a Chronic Nuisance Property shall be determined by a judge at a court trial. Such trial shall be held as soon as reasonably possible by the Court in light of the risks posed to the community by Chronic Nuisance Properties and the standard of proof in such a case shall be a preponderance of the evidence. TITLE 6 - 34
C. If the Court determines a Property to be Chronic Nuisance Property, the court may order any or all of the following remedies: 1. That all occupants, regardless of their legal status, must vacate the Property. 2. That if the occupants fail to vacate the Property, the County may remove all occupants by obtaining a writ of execution and an eviction trespass notice in substantially the manner and form provided by ORS Chapter 105. The writ of execution and eviction trespass notice shall be available to the County not less than four (4) days after the subject Property is posted with a copy of the Court’s judgment. 3. That the County’s designee shall have authority to determine who may access the Property and for what purposes and duration such access is appropriate. 4. That anyone who accesses the Property without proper authorization from the County may be arrested for trespassing. 5. That upon the vacation or removal of all occupants, the County may enter and immediately close and secure the Property against all unauthorized access, use and occupancy. The court may order that the Property remain closed for a period of time not to exceed one (1) year. 6. That any owner or occupant of the Property who is named as a party in the lawsuit shall pay a civil penalty in an amount authorized by the Board of County Commissioners in Appendix B to the Clackamas County Code. 7. That any owner or occupant of the Property must take remedial steps to clean up or secure the Property, or to otherwise abate any activity or condition on the Property causing a risk to the health or safety of any occupants of the Property or any people residing in the vicinity of the Property. The court may condition re-entry onto the Property on completion of said remedial steps. 8. Any other remedy that the court deems appropriate in light of the circumstances. The order shall be entered as part of the final judgment. The Court shall retain jurisdiction during any period of closure and to enforce the terms and conditions of the judgment. D. When establishing the amount of any civil penalty, the Court may consider any of the following factors and shall cite those found applicable based on the evidence presented: 1. The actions taken by the Person in Charge to mitigate or correct the Nuisance Activities at the Property; 2. The financial condition of the Person in Charge; 3. Continuous or repeated nature of the problem; 4. The magnitude or gravity of the problem; 5. The cooperativeness of the Person in Charge with the County; 6. The cost to the County of investigating and correcting or attempting to correct the Nuisance Activities; 7. The effect upon the surrounding neighborhood during the history of the Nuisance Activities; TITLE 6 - 35
8. The good faith of the Person in Charge in executing and complying with any abatement plan; and 9. Any other factor deemed relevant by the Court. E. The County shall have the initial burden of proof to show by a preponderance of the evidence that the Property is a Chronic Nuisance Property. F. Evidence of a Property’s general reputation and/or the reputation of persons residing in or frequenting it shall be admissible. [Added by Ord. 08-2001, 7/12/01; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 03-2016, 8/11/16]
6.08.050 Summary Closure
Any summary closure proceeding shall be based on evidence showing that Nuisance Activities exist or have occurred on the Property and that emergency action is necessary to avoid an immediate threat to public welfare and safety. Proceedings to obtain an order of summary closure shall be governed by the provisions of ORCP 79 for obtaining temporary restraining orders. [Added by Ord. 08-2001, 7/12/01; Amended by Ord. 03-2016, 8/11/16]
6.08.060 Entering Closed Property
It is unlawful for any person to enter, use or remain in or on property that has been ordered closed pursuant to this Chapter. [Added by Ord. 08-2001, 7/12/01]
6.08.070 Enforcement
A. The Court may authorize the County to physically secure the Property against all unauthorized access, use or occupancy in the event that the Person in Charge fails to do so within the time specified by the Court. B. In the event that the County is authorized to secure the Property, the County shall recover from the Owner or Person in Charge all costs reasonably incurred by the County to physically secure the Property. The County shall prepare and submit a statement of costs incurred in physically securing the Property to the Court for review as provided by ORCP 68. C. The Person in Charge may be required by the Court to pay reasonable relocation costs of a tenant as defined by ORS 90.100(28), if, without actual notice, the tenant moved into the Property after either: 1. A Person in Charge received notice of the determination of the Sheriff pursuant to Section 6.08.030.A.3.; or 2. A Person in Charge received notice of an action brought pursuant to Section 6.08.040 and 6.08.050. D. A lien shall be created against the Property for the amount of the County’s money judgment. In addition, any Person who is assessed penalties under this chapter shall be personally liable for payment thereof to the County. Judgments imposed by this Chapter shall bear interest at the statutory rate. TITLE 6 - 36
[Added by Ord. 08-2001, 7/12/01; Amended by Ord. 03-2016, 8/11/16]
6.08.080 Liability
Nothing herein shall be relied on or construed as establishing any County responsibility, obligation or liability to any third party, for damages or otherwise, arising from the actions or inaction of the County in applying this Chapter. Nothing herein lessens or otherwise alters the Person in Charge’s responsibility to third parties arising from use and condition of the Property. [Added by Ord. 08-2001, 7/12/01]
6.08.090 Attorney Fees
The Court may, in its discretion, award attorney fees to the prevailing party. [Added by Ord. 08-2001, 7/12/01]
6.08.100 Sunset Clause
[Added by Ord. 08-2001, 7/12/01; Amended by Ord. 13-2002, 11/17/02; Deleted by Ord. 14-2004, 12/16/04]
6.08.110 Severability
The provisions of this Chapter are intended to be consistent with any applicable provisions of state law. If any provisions of this Chapter, or its application to any person, or circumstances is held to be invalid for any reason, the remainder of the Chapter, or the application of its provisions to other persons or circumstances shall not in any way be affected. [Added by Ord. 08-2001, 7/12/01] CITY COUNCIL AGENDA COVER SHEET
Meeting Date: Submitted by: Prior Council Reviews October 22, 2018 Sadie Main, City Recorder n/a
TOPIC: Ordinance Series of 2018, No. 006 – An Ordinance amending certain chapters in Title 10 – Vehicles and Traffic of the Estacada Municipal Code.
ATTACHMENTS: 1. Ordinance Series of 2018, No. 006
BACKGROUND: Because of the recent police contract change from the City of Sandy to Clackamas County Sherriff’s Office, sections of the Estacada Municipal Code need to be updated to grant Clackamas County the authority to enforce these codes.
DISCUSSION: If adopted, Ordinance 2018-006 makes small revisions to sections 10.12.030, 10.20.050 & 10.26.010 of the Estacada Municipal Code. The changes in these sections add language to help clarify prohibited parking within the City of Estacada, fix typographical errors, reduce the amount of unpaid parking citations from four to three to impound vehicles and replaces the previously adopted City of Sandy code regarding abandoned vehicles with the ORS regarding abandoned vehicles and grants the Clackamas County Sheriff’s Office the authority to enforce this code.
BUDGET IMPACT: None.
RECOMMENDED ACTION: Review and adopt Ordinance 2018-006.