September 22, 2014 Agenda
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ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None
Appointments:
None
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
None
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None
Presentations:
None
6.COMMUNICATIONS
None
–
This allows the public to introduce items for
7.BUSINESS FROM THE PUBLIC
Council consideration not already scheduled on the agenda.
–Items listed on the consent agenda are considered
8.CONSENTAGENDA
routine and may be adopted by one motion. Any item may be removed
for discussion at the request of a Council member.
This facility isADA accessible. If you need special accommodation, please contact the City Recorder at
503-980-6318at least 24 hours prior to this meeting.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
September 22, 2014Council Agenda Page i
A.Woodburn City Council minutes of September 8, 20141
Recommended Action:Approve the minutes.
B.Woodburn City Council Executive Session minutes of 4
September 8, 2014
Recommended Action:Approve the minutes.
C.Crime Statistics through August 20145
Recommended Action:Receive the report.
9.TABLEDBUSINESS
None
10.PUBLIC HEARINGS
None
–Members of the public wishing to comment on items
11.GENERAL BUSINESS
of general business must complete and submit a speaker’s card to the
City Recorder prior to commencing this portion of the Council’s agenda.
Comment time may be limited by Mayoral prerogative.
A.Council Bill No. 2967 -An Ordinance Prohibiting Residential 10
Parking on Unimproved Areas; Allowing the Placing of
Citations on Illegally Parked Vehicles and Providing for
EnforcementProcedures(Second Reading)
Recommended Action:This item is placed on the City
Council agenda for a second reading.
B.Council Bill No. 2969 -An Ordinance Amending Ordinance13
2338 (the Nuisance Ordinance) to Add aNew Section
Regulating Light Trespass in Residentially-Zoned Areas
Recommended Action:It is being recommended that the
City Council consider the adoption of the attached
Ordinance regulating light trespass in residentially-zoned
areas under defined conditions.
C.Intergovernmental Memorandum of Understanding Between 27
the City and Woodburn School District 103 Related to the
Shared Use of Facilities
Recommended Action:It is recommended that the City
Council authorize the City Administrator to enter into an
Intergovernmental Memorandum of Understanding (MOU)
with Woodburn School District 103 related to the shared use
of facilities for recreation, academic, and athletic programs.
September 22, 2014Council Agenda Page ii
–
These
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
are PlanningCommission or Administrative Land Use actions that may be
called up by the City Council.
None
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.EXECUTIVE SESSION
To consult with counsel concerning the legal rights and duties of a public
body with regard to current litigation or litigation likely to be filed pursuant
to ORS 192.660 (2)(h).
To consider records that are exempt by law from public inspection
pursuant to ORS 192.660 (2)(f).
To conduct deliberations with persons designated by the governing body
to carry on labor negotiations pursuant to ORS192.660(2)(d).(Pursuant to
ORS 192.660 (4) this matter is placed on the agenda with the
understanding that members of the news media are excluded).
To review and evaluate, pursuant to standards, criteria and policy
directives adopted by the governing body, the employment-related
performance of the chief executive officer of any public body, a public
officer, employee or staff member unless the person whose performance
is being reviewed and evaluated requests an open hearing pursuant to
ORS 192.660 (2)(i).
16.ADJOURNMENT
September 22, 2014Council Agenda Page iii
COUNCIL MEETING MINUTES
SEPTEMBER 8, 2014
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
0:00
OF MARION, STATE OF OREGON, SEPTEMBER 8, 2014
CONVENED
The meeting convened at 7:00 p.m. withMayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Cox Absent
Councilor Lonergan Present
Councilor McCallum Present
Councilor Morris Present
Councilor Ellsworth Present
Councilor Alonso Leon Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Economic and
Development Director Hendryx, Police Chief Russell, Finance Director Head, Human
Resources Director Hereford,Captain Alexander, Captain Garrett, City Engineer
Liljequist, Communications Coordinator Horton, City Recorder Pierson
PROCLAMATION
0:00
Hispanic Heritage Month- Mayor Figley read the proclamation and recognized Elida
Sifuentes, Councilor Alonso Leon, Anthony and Melinda Veliz, Elias Villegas and Marta
Trinidad for their contributions to the City of Woodburn.
PRESENTATIONS
0:01
Frank Garcia, Director of Diversity and Inclusion in the Governor’s office, provided
some history and data on Hispanic influence and accomplishments in Oregon.
CONSENT AGENDA
0:27
A.Woodburn City Council minutes of August 11, 2014
B.Woodburn Recreation and Park Board minutes of August 12, 2014
C.Liquor License Off-Premises Sales, New Outlet
D.Building Activity for August 2014
E.Crime Statistics through July 2014
McCallum/Morris
…adopt the Consent Agenda. The motion passed unanimously.
PUBLIC HEARING
A Public Hearing to consider the City of Woodburn’s 2014-15 Supplemental Budget
Request. Mayor Figley declared the hearing open at 7:17 p.m. for the purpose of hearing
public input on the City’s 2014-15 Supplemental Budget Request. Finance Director Head
provided a staff report. No members of the public wished to speak in either support or
opposition of the 2014-15 Supplemental Budget Request. Mayor Figleydeclared the
hearing closed at 7:22 p.m.
Page 1 - Council Meeting Minutes, September 8, 2014
1
COUNCIL MEETING MINUTES
SEPTEMBER 8, 2014
COUNCIL BILL NO. 2967 - AN ORDINANCE PROHIBITING RESIDENTIAL
0:28
PARKING ON UNIMPROVED AREAS; ALLOWING THE PLACING OF
CITATIONS ON ILLEGALLY PARKED VEHICLES AND PROVIDING FOR
ENFORCEMENT PROCEDURES
McCallum
introduced Council Bill No. 2967. Recorder Pierson read the two readings of
the bill by title only since there were no objections from the Council. City Administrator
Derickson provided a staff report. Councilor Ellsworth asked why they couldn’t apply
the WDO to the placement of gravel and pavement and was told that the WDO applies
when development permits are issued and right now permits are not required for those
items under the ordinance. Councilor Morris asked the City Attorney if he believes this
ordinance if passed meets legal muster and City Attorney Shields answered that he
believes this ordinance if passed is a defensible ordinance. Councilor McCallum stated
that this is not a safety issue but it is an aesthetic issue and believes staff has brought an
ordinance that is simple, enforceable and would stand up. Councilor Lonergan stated that
he agrees with Councilor McCallum and this has been a long time coming. He added that
he would be in favor of adding a permit process through the WDO. Councilor Morris
stated that his issue is that there are a lot of people in his neck of the woods who this
would affect and he doesn’t believe this is something the City should be tied up in.
Councilor Alonso Leon concurred with Councilor Morris and wonders if this could be
postponed so more community members can be aware of the impact of this ordinance and
have a chance to comment on it. Councilor McCallum stated that the information has
been out there and now it is up to the Council to make the decision. On roll call vote for
final passage, the vote was 3-2 with Councilors Morris and Alonso Leon voting no.
Mayor Figley declared that since this is an ordinance it can only pass by unanimous vote
at the first meeting in which the bill was introduced and read, this bill will be brought
back to the Council at the next regular meeting for final action.
COUNCIL BILL NO. 2968 - A RESOLUTION APPROVING TRANSFERS OF
1:06
FY 2014-2015 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL
BUDGET
McCallum
introduced Council Bill No. 2968. Recorder Pierson read the bill by title only
since there were no objections from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Figley declared Council Bill No. 2968 duly passed.
INTERGOVERNMENTAL AGREEMENT FOR SCHOOL RESOURCE
1:07
OFFICER
Lonergan/Ellsworth
…authorize the City Administrator to sign an agreement with
Woodburn School District for School Resource Officer services. Police Chief Russell
provided information on the benefits of having a School Resource officer. The motion
passed unanimously.
Page 2 - Council Meeting Minutes, September 8, 2014
2
COUNCIL MEETING MINUTES
SEPTEMBER 8, 2014
MEMORANDUM OF AGREEMENT WITH THE STATE BUILDING CODES
1:14
DIVISION
Lonergan/Morris
… authorize the City Administrator to sign a standardized
memorandum of agreement (MOA) with the State of Oregon Building Codes Division
(BCD) for the City’s Building Inspection Program. The motion passed unanimously.
NORTH BOONES FERRY ROAD TRUCK TRAFFIC
1:15
Councilor McCallum says he is in favor of the second option and Councilor Lonergan
concurred. Councilor Lonergan stated that his concern is these large trucks going down
Boones Ferry to avoid the state scales and possibly not being in compliance and driving
Lonergan/Ellsworth
in front of the school. … authorize the City Administrator, on
behalf of the City Council as the Local Road Authority; request the Marion County Board
of Commissioners evaluate restricting truck traffic on North Boones Ferry Road. The
motion passed unanimously.
AWARD CONSTRUCTION CONTRACT TO SALEM ROAD & DRIVEWAY
1:24
FOR 2014 PAVEMENT MAINTENANCE IMPROVEMENTS, BID #2015-02
Morris/Lonergan
…acting in its capacity as the Local Contract Review Board, award
the construction contract for the 2014 Pavement Maintenance project to Salem Road &
Driveway in the amount of $334,497.50. The motion passed unanimously.
CITY ADMINISTRATOR’S REPORT
1:27
TheCity Administrator had nothing to report.
MAYOR AND COUNCIL REPORTS
1:28
Councilor McCallum congratulated the Bulldogs on their first footballwinof the season.
th
Mayor Figley stated the she attended the 125 anniversary of Woodburn’s incorporation
over the weekend and she will be attending the Mexican Independence Day celebration
this upcoming weekend.
EXECUTIVE SESSION
1:30
Mayor Figley entertained a motion to adjourn into executive session under the authority
McCallum/Lonergan
of ORS 192.660(2)(d). …to move into executive session. The
Council adjourned to executive session at 8:30 p.m. and reconvened at 9:10 p.m. Mayor
Figley stated that no action was taken by the Council while in executive session.
ADJOURNMENT
2:10
McCallum/Alonso Leon
...meeting be adjourned.The motion passed unanimously.
The meeting adjourned at 9:10 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, September 8, 2014
3
EXECUTIVE SESSION
COUNCIL MEETING MINUTES
SEPTEMBER 8, 2014
DATECONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON,SEPTEMBER 8, 2014
CONVENED
The Council met in executive session at 8:36 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Cox Absent
Councilor Lonergan Present
Councilor McCallumPresent
Councilor MorrisPresent
Councilor Alonso Leon Present
Councilor Ellsworth Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Police Chief Russell, City
Recorder Pierson
Media Present:
None.
The executive session was called:
To conduct deliberations with persons designated by the governing body to carry
on labor negotiations pursuant to ORS 192.660(2)(d). (Pursuant to ORS 192.660
(4) this matter is placed on the agenda with the understanding that members of
the news media are excluded).
ADJOURNMENT
The executive session adjourned at 9:09 p.m.
APPROVED_______________________________
KATHRYN FIGLEY, MAYOR
ATTEST_______________________________
Heather Pierson,CityRecorder
City of Woodburn, Oregon
Page1 – Executive Session, Council Meeting Minutes, September 8, 2014
4
5
6
7
8
9
Agenda Item
September 22, 2014
TO:Honorable Mayor and City Council
FROM:Scott Derickson, City Administrator
Scott Russell, Chief of Police
SUBJECT:
Second Reading of Ordinance 2521- An Ordinance Prohibiting
Residential Parking on Unimproved Areas; Allowing the Placing of
Citations on Illegally Parked Vehicles and Providing for Enforcement
Procedures
RECOMMENDATION:
This item is placed on the City Council agenda for a second reading.
BACKGROUND:
On September 8, 2014 a majority of the CityCouncil approved Ordinance 2521,
with three Councilors voting in favor and twoCouncilors in opposition. The
second reading of this ordinance has been scheduled for this meeting. The
ordinance is attached.
DISCUSSION:
Section 33of the Woodburn Charter provides that Ordinances must be read in
Council meetings on two separate days. Ordinances may be enacted at a
single meeting, however, if they are passed by a unanimous vote. Since the
Ordinance was not passed unanimously, it is before you for a second reading
and final decision.
Agenda Item Review:City Administrator ___X___City Attorney __X____Finance __X__
10
COUNCIL BILL NO. 2967
ORDINANCE NO. 2521
AN ORDINANCE PROHIBITING RESIDENTIAL PARKING ON UNIMPROVED AREAS;
ALLOWING THE PLACING OF CITATIONS ON ILLEGALLY PARKED VEHICLES AND
PROVIDING FOR ENFORCEMENT PROCEDURES
the City Council has determined that parking of motor
WHEREAS,
vehicles on unimproved surfaces in residential areas is detrimental to
community livability; and
the City Council has expressed the desire to regulate vehicles
WHEREAS,
parked in this manner within the City; and
the City Council finds it necessary to adopt this Ordinance to
WHEREAS,
assist in the elimination of aesthetic nuisances caused by improper parking;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
For purposes of this Ordinance, an“Improved Area” is
Section 1.
defined as an area surfaced with concrete, asphalt, gravel, or any other
material commonly used for the parking of Motor Vehicles, but not including
grass or dirt.
For purposes of this Ordinance, a “Motor Vehicle” is defined
Section 2.
asprovided in the Oregon Vehicle Code, ORS Chapters 801 to 826.
For purposes of this Ordinance, a “Person” is defined as any
Section 3.
natural person, firm, partnership, association or corporation.
It shall be unlawful for any Person to stop, stand, or park a
Section4.
Motor Vehicle on any lot with a residential zoning designation except on an
Improved Area.
When a motor vehicle without an operator is parked in
Section 5.
violation of this Ordinance, the officer finding the vehicle shall take its license
number and any other information displayed on the vehicle which may
identify its owner, and shall conspicuously affix to the vehicle a traffic citation
instructing the operator to answer to the chargeat the time and place
specified in the citation.
The presence of any motor vehicle in or upon any property,
Section 6.
private or public, in violation of this Ordinance shall be prima facie evidence
Council Bill No. 2967
Page- 1 -
Ordinance No. 2521
11
that the registered owner of the motor vehicle committed or authorized such
violation.
The prohibitions in this Ordinance shall not apply when an
Section 7.
emergency requires that aPerson stop, stand or park a Motor Vehicle on an
area that is not an Improved Area.
Each violation of any provision of this Ordinance constitutes a
Section 8.
class 4 civil infraction and shall be dealt with according to thecivil infraction
procedures established by City ordinance.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson,City Recorder
City of Woodburn, Oregon
Council Bill No. 2967
Page- 2 -
Ordinance No. 2521
12
Agenda Item
September 22, 2014
TO:Honorable Mayor and City Council
FROM:Scott Derickson, City Administrator
Scott Russell, Chief of Police
SUBJECT:
An Ordinance Amending Ordinance 2338 (the Nuisance
Ordinance) to Add a New Section Regulating Light Trespass in
Residentially-Zoned Areas
:
RECOMMENDATION
It is being recommended that the City Council consider the adoption of the
attached Ordinance regulating light trespass in residentially-zoned areas under
defined conditions.
BACKGROUND:
From time to time and as needed, the City Council reviews and amends
Ordinances based on their relevancy, compliance with state and federal laws
and to address the changing needs of the community. The City Council has
been routinely updating the City’s Ordinances as part of the Ordinance
Review/Revision Project over the past year. Attached for the City Council’s
consideration is proposed Ordinance 2522 which is an amendment to
Woodburn’s Nuisance Ordinance 2338(also attached) to prohibitlight trespass
in residentially-zoned neighborhoods.
The City’s concerns are related tolight trespass and its impact on neighborhood
livability, prompting the proposed Nuisance Ordinance revision. Specifically,
these concerns are related to detached exterior residential lighting, which is
causes disruptions during nighttime hours by illuminating adjacent properties.
:
DISCUSSION
Having researched the issue, staff found a light trespass ordinance was recently
adopted in the City of West Linn, which serves as the basis for the attached
Ordinance 2522. Here are the highlights:
Agenda Item Review:City Administrator ___X___City Attorney ___X___Finance __X__
13
Honorable Mayor and City Council
September 22, 2014
Page 2
1.The proposed light trespass amendment is only applicable to
residentially-zoned properties within the City.
2.Requires that all outdoor lights that trespass are to be turned off
between the hours of 9:00 p.m. and 7:00 a.m. Trespass is defined as:
“Light that falls beyond the property line of the property it is intended to
illuminate.”
3.In addition, the draft language provides that a light trespass:
“Shall be
confirmed if a light fixture is visible when evaluated from a point six feet
above ground elevation at an adjacent property line. Light fixture
means the socket or similar component that holds the bulb or lampin
place, the bulb itself and any covering around the bulb or lamp that
allows light to pass through.”
Currently, backyard residential fences cannot exceed seven feet tall
with front yard fences beginning at 36.5 inches, and then graduating to
no more than seven feet tall.
4.Light trespass is a Class 3 civil infraction and carries a fine of $250 per
infraction.
In order to preserve security lighting, which the Police Department had been
advocating in areas such as The Estates, and allow traditional residential
lighting such as in doorways, garages, walkways, etc., the following types of
lighting are being excluded:
1.Lights mounted on any dwelling or accessory building at main entries,
rear entries, side doors, walkways or paths;
2.Light emanating from a commercial property that has a commercial
zoning designation;
3.Any lighting used for safety or security purposes that is mounted on a
dwelling or accessory building;
4.Public street lighting; and
14
Honorable Mayor and City Council
September 22, 2014
Page 3
5.Temporary holiday lighting.
Specifically, I have been asked about exempting lights attached to motion
sensors. Number #3 (safety and security lighting)of the exemption types of
lighting addresses this issue by specifically allowing attached security lighting.
Because motion sensors can be turned on and off, and time settings easily
adjusted by the owner, monitoring motion sensors and settings would be very
difficult and costly from an enforcement perspective. The PoliceDepartment
finds language in #3consistent with their advocacy around the use of security
lighting.
The Council should note that due to the nature of the issue, under normal
conditions, code enforcement officers will not usually be in the position of
enforcing light trespasses because they can only occur during nighttime hours.
Consequently, during the course of their normal patrol shift and call volume
management, police officers will be responsible to responding to light trespass
complaints.
:
FINANCIAL IMPACT
With the enactment of the Light Trespass provisions, any financial impact is
expected to fall within the normal course of operations. No additional
budgetary action is expected at this time.
15
COUNCIL BILL NO. 2969
ORDINANCE NO. 2522
AN ORDINANCE AMENDING ORDINANCE 2338 (THE NUISANCE ORDINANCE)
TO ADD A NEW SECTION REGULATING LIGHT TRESPASS IN RESIDENTIALLY-
ZONED AREAS
, from time to time and as needed, the City Council reviews
WHEREAS
and amends Ordinances based on their relevancy, compliance with state
and federal laws and to address the changing needs of the community;
and
the City Council has been routinely updating the City’s
WHEREAS,
Ordinances as part of the Ordinance Review/Revision Project over the past
year; and
lightingthat is directed at neighboring residential property
WHEREAS,
cancreate adverseimpactsandit is not recognized as a nuisance under
Ordinance 2338 (the Nuisance Ordinance); and
the CityCouncil is seeking a waytopromote the useof
WHEREAS,
outdoor lighting that will enhance the livability ofour community and
minimize theimpactsof exterior lighting on surrounding properties; and
certain Oregon communities have amended their nuisance
WHEREAS,
ordinances to address lighting; and
the City Council wants to amend the Nuisance Ordinance in
WHEREAS,
order to address outdoor lighting;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Ordinance 2338 (the Nuisance Ordinance) is amended to add a new
section, Section 5A, that shall read as follows:
Section 5A. Light Trespass.
A. All outdoor lights that trespass onto lots with a dwelling shall be
turned offbetween the hours of 9:00 p.m. and 7:00 a.m. For purposes of this
section, “trespass” means light that falls beyond the property line of the property
Council Bill No. 2969
Page- 1 -
Ordinance No. 2522
16
it is intended to illuminate. Trespass shall be confirmed if a light fixture is visible
when evaluated from a point six feet above ground elevation at an adjacent
property line. “Light fixture” means the socket or similar component that holds
the bulb or lamp in place, the bulb itself, and any covering around the bulb or
lamp that allows light to pass through. This restriction shall not apply to:
1.Lights mounted on a dwelling or accessory building at its
main entries, rear entries, side doors, walkways or paths;
2.Light emanating from a property that has a commercial
zoning designation;
3.Lighting used for safety or security purposes that is mounted
on a dwelling or accessory building;
4.Public street lighting; and
5.Temporary holiday lighting;
B.Light trespass is a Class 3 civil infraction.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Council Bill No. 2969
Page- 2 -
Ordinance No. 2522
17
WOC
OODBURN RDINANCE OMPILATION
ORDINANCE NO. 2338
AN ORDINANCE DEFINING NUISANCES; PROVIDING FOR NUISANCE ABATEMENT;
ESTABLISHING A PENALTY; REPEALING ORDINANCE 1616 AND ORDINANCE 1822; AND
DECLARING AN EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1.Definitions.
A.Enforcement Officer.A policeofficer, code enforcement officer or other
city official authorized by the City Administrator to enforce this Ordinance.
B.Junk. Broken, discarded, or accumulated objects, including but not
limited to: appliances, building supplies, furniture, vehicles, or part of vehicles.
C.Junked Vehicle. A vehicle which is damaged or defective in any of the
following respects which either make the vehicle immediately inoperable or would
prohibit the vehicle from being operated in a reasonably safe manner:
1.Flat tires, missing tires, missing wheels, or missing or partially or totally
disassembled tires and wheels;
2.Missing or partially or totally disassembled essential part or parts of
the vehicle's drive train, including, but not limited to, engine, transmission, transaxle,
drive shaft, differential, or axle;
3.Extensive exterior body damage or missing or partially or totally
disassembled essential body parts, including, but not limited to, fenders, doors, engine
hood, bumper or bumpers, windshield, or windows;
4.Missing or partially or totally disassembled essential interior parts,
including, but not limited to, driver's seat, steering wheel, instrument panel, clutch,
brake, gear shift lever;
5.Missing or partially or totally disassembled parts essential to the
starting or running of the vehicle under its own power, including, but not limited to,
starter, generator or alternator, battery, distributor, gas tank, carburetor or fuel injection
system, spark plugs, or radiator;
6.The interior is being used as a container for metal, glass, paper,
rags or other cloth, wood, auto parts, machinery, waste or discarded materials in such
quantity, quality and arrangement that a driver cannot be properly seated in the
vehicle;
7.The vehicle is lying on the ground (upside down, on its side, or at
other extreme angle), sitting on block or suspended in the air by any other method;
ON.2338P1
RDINANCE OAGE
18
WOC
OODBURN RDINANCE OMPILATION
8.The vehicle is located in an environment which includes, but is not
limited to, vegetation that has grown up around, in or through the vehicle, the
collection of pools of water in the vehicle, and the accumulation of other garbage or
debris around the vehicle.
D.Owner.The owner of record, based on the Marion County's most recent
taxation and assessment roll, of the property on which the alleged public nuisance
exists at the time of the violation.
E.Person. Any natural person, firm,partnership, association or corporation
F.Person in Charge of Property. An owner, agent, occupant, lessee, tenant,
manager, contract purchaser, bailee or other person having possession or control of
property or the supervision of any construction project.
G.Responsible Party.The person responsible for abating, curing or remedying
a nuisance shall include:
1.The owner,
2.A person in charge of property,
3.The person who is alleged to have committed the acts or omissions,
created or allowed the condition to exist, or placed the object or allowed the object to
exist on the property that constitutes a nuisance as defined in this Ordinance or another
Ordinance of this city.
H.Vehicle. Any device in, upon or by which any person or property is or may
be transported or drawn upon a public highway and includes vehicles that are
propelled or powered by any means.
Section 2.Declaration of Public Nuisances.
The acts, omissions, conditions or objects specifically enumerated in this
Ordinance are hereby declared to be public nuisances and may be abated as
provided in this Ordinance. In addition to the nuisances specifically enumerated in this
Ordinance, every other thing, substance or act determined by the City Council to be
offensive, harmful or detrimental to the public health, safety or welfare of the city is
declared to be a public nuisance.
Section 3.Nuisances Affecting the Public Health.
No person or responsible
party shall cause or permit a nuisance affecting the public health. The following are
declared to be nuisances affecting the public health:
A.Cesspools.Cesspools or septic tanks that are in an unsanitary condition or
which cause an offensive odor.
ON.2338P2
RDINANCE OAGE
19
WOC
OODBURN RDINANCE OMPILATION
B.Dead Animals.Any carcass or carcass part of any fowl or animal.
C.Garbage.As used in this subsection the term "garbage" means an
accumulation of decomposed animal or vegetable matter, debris, rubbish, trash, filth,
or refuse except:
1.Yard cuttings, other than grass clippings, may be accumulated on
property owned or leased by the person for burning at the first available burn season.
The accumulations shall meet the size and location requirements of the fire code.
2.Composting, but only if it is maintained in a way that does not
attract vermin, and does not produce an offensive odor.
D.Odor. Premises that are in such a state or condition as to cause an
offensive odor detectable at the property line.
E.Privies and Outdoor Toilet Facilities.Any privy or outdoor toilet facility,
except a properly functioning portable toilet as that term is defined by the Oregon
Department of Environmental Quality.
F.Rodent Attracting Condition.Any condition outside a building or structure
which attracts or is likely to attract, feed or harbor rodents.
G.Stagnant Water. Stagnant water that affords a breeding place for
mosquitoes and insect pests.
H.Surface Drainage. Drainage of liquid wastes from privatepremises.
I.Water Pollution.Any sewage, industrial waste or other substances placed
in or near a body of water, well, spring, stream or drainage ditch in a way that may
cause harmful material to pollute the water.
Section 4.Nuisances Affecting the Public Safety.
No person or responsible
party shall cause or permit a nuisance affecting the public safety. The following are
declared to be nuisances affecting the public safety:
A.Razor and Electric Fences.A fence constructed of materials that could
cause bodily harm, including, but not limited to, those conveying electric current, razor
wire, spikes and broken glass.
B.Dangerous Trees.A standing dead or decaying tree that is in danger of
falling or otherwise constitutes a hazard to the public or to any persons or property
within the public right-of-way.
C.Hazardous Vegetation. Vegetation that reasonably constitutes a health
hazard, fire hazard or traffic hazard.
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D.Holes. A well, cistern, cesspool, excavation or other hole of a depth of
four feet or more and a top width of 12 inches or more, unless it is covered or fenced
with suitable protective construction.
E.Obstructions. Earth, rock and other debris and other objects that may
obstruct or render the street or sidewalk unsafe for its intended use.
F.Snow and Ice.Snow or ice remaining on a sidewalk abutting the property
of the owner or person in charge of property for longer than the first two hours of
daylight after cessation ofthe snowfall or formation of the ice, unless covered with sand
or other suitable material to assure safe travel.
Section 5.Noxious Vegetation.
A.The term “noxious vegetation” means:
1.Weeds more than ten inches high;
2.Grass more than ten inches high;
3.Poison oak, poison ivy, or similar vegetation;
4.Berry vines and bushes that extend into a public right-of-way.
B.Between May 1 and September 30 of any year, no owner or responsible
party shall allow noxious vegetation to be on theproperty or in the right-of-way of a
public thoroughfare abutting on the property. The owner or responsible party shall cut
down or destroy grass, shrubbery, brush, bushes, weeds or other noxious vegetation as
often as needed to prevent them from becoming unsightly or, in the case of weeds or
other noxious vegetation, from maturing or from going to seed.
C.The term “noxious vegetation” does not include vegetation that
constitutes an agricultural crop, unless that vegetation is a health hazard or a fireor
traffic hazard.
Section 6.Attractive Nuisances.
No person or responsible party shall permit
on property:
A.Unguarded machinery, equipment or other devices which are attractive,
dangerous, and accessible to children.
B.Lumber, logs, buildingmaterial or piling placed or stored in a manner so
as to be attractive, dangerous, and accessible to children.
C.An open pit, quarry, cistern or other excavation without safeguards or
barriers to prevent such places from being used by children
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D.A container with a compartment of more then one and one-half cubic
feet capacity and a door or lid which locks or fastens automatically when closed and
which cannot easily be opened from the inside which is accessible to children.
This section shall not apply to authorized construction projects conducted pursuant to
applicable laws with reasonable safeguards to prevent injury or death to playing
children.
Section 7.Junked Vehicle Nuisances.
A.Junked vehicles are hereby found to create a condition tending to
reduce the value of property, to promote blight and deterioration, and invite
plundering and vandalism, to create fire hazards, to constitute an attractive nuisance
creating a hazard to the health and safety of minor, to create a harborage for rodents
and insects, and to be injurious to the health, safety, and general welfare.
B.No person or responsible party shall park or in any other manner place
and leave unattended on public property, a junked vehicle for more than forty-eight
(48) continuous hours, even if the owner or operator of the vehicle did not intend to
permanently desert or forsake the vehicle
C.No person or responsible party shall park, store, keep or maintain on
private property a junked vehicle for more than thirty (30) days.
D.It shall be permissible to keep or permit the keeping of a junked vehicle
within the city if the junked vehicle is completely enclosed within a building or is kept in
connection with a licensed and legally zoned junkyard or automobile wrecking yard.
Section 8.Open Storage of Junk.
No person or responsible party shall deposit,
store, maintain or keep any junk on real property, except in a fully enclosed storage
facility, building or garbage receptacle. This section shall not apply to material kept by
a licensed and legally zoned junkyard or automobile wrecking yard.
Section 9.Scattering Rubbish.
No person or responsible party shall deposit
upon public or private property any kind of rubbish, trash, debris, refuse, or any
substance that would mar the appearance of the property, create a stench or fire
hazard, detract from the cleanliness or safety of the property or would be likely to
cause injury to a person or animal.
Section 10.Garbage and Debris –Disposition.
A person in charge of property
shall dispose of perishable garbage before it becomes offensive promptly, but in any
event at least bi-weekly; and not permit garbage to accumulate on or about the
premises. All garbage shall be disposed of in a manner which does not create a
nuisance and which is permitted by this chapter. Garbage may be disposed of by
hauling or causing it to be hauled to a garbage dump.
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Section 11.Garbage Cans and Containers.
A.A person in charge of property where garbage accumulates shall keep or
cause to be kept on the premises one or more portable containers of a standard type
suitable for deposit of garbage and shall deposit or cause to be deposited in the
containers all garbage that accumulates on the premises.
B.Garbage containers shall be sturdy, watertight, not easily corrodible,
rodent-and-insect-proof, and have handles at the sides and tightly fitting lids. When not
being emptied or filled, the container shall be kept tightly closed and out of the city
right-of-way. They shall be conveniently accessible to garbage haulers. Within 24 hours
of garbage collection the person in charge of property shall remove all garbage
containers from the collection point and place them either next to the side of the main
dwelling unit or in a location out of the view of public or adjacent property. Residents
whose point of collection is from an alley need not remove the container from the point
of collection.
Section 12.Abatement Notice.
Whenever a nuisance is found to exist within
the corporate limits of the city and the enforcement officer elects to proceed by
abatement, the enforcement officer shall give written notice, by a type of mail that
requires a signed receipt, to the occupant of the property upon which the nuisance
exists or upon the person causing or maintaining the nuisance. If the occupant is not
the owner of the property, the same notice shall be sent, by a type of mail that requires
a signed receipt, to the owner.
Section 13.Abatement.
Upon receipt of the notice that a nuisance exists, the
responsible party shall haveseven days to abate the nuisance.
Section 14.Notice Requirements.
The notice to abate a nuisance shall contain
the following:
A.An order to abate the nuisance within seven days;
B.The location of the nuisance, if the same is stationary;
C.A description of what constitutes the nuisance;
D.A statement that if the nuisance is not abated within the prescribed time,
the city will abate such nuisance and assess the cost thereof against the property.
E.A statement that a person who is dissatisfied with the abatement notice
has the right to judicial review under this Ordinance.
Section 15.Request for Judicial Review.
An responsible party may object to
the action intended by the city by filing a written request for judicial review in the
Woodburn Municipal Court within five days of the date that the notice to abate was
mailed.
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Section 16.Requirements for Request.
The request for judicial review need not
be in any particular form, but should substantially comply with the following
requirements:
A.Be in writing;
B.Identify the place and nature of the alleged nuisance;
C.Specify the name and address of the person seeking judicial review;
D.Identify the enforcement officer alleging that a nuisance exists.
A copy of the notice shall be served on the enforcement officer
Section 17.Scheduling of Judicial Review.
A.The judicial review hearing shall be held within ten (10) days after the
request for judicial review is made. The day may be postponed by:
1.Agreement of the parties; or
2.Order of the court for good cause.
B.The court shall promptly notify:
1.The person requesting the review; and
2.The enforcement officer.
Section 18.Judicial Review Hearing
. At the judicial reviewhearing the city and
any interested parties shall have the right to present evidence and witnesses and to be
represented by legal counsel at their own expense. After due consideration of
pertinent information and testimony, the court shall make its finding. The findings shall
be based on substantial evidence relative to the criteria outlined in this Ordinance and
shall be final.
Section 19.Notification of Violation.
The responsible party shall be notified by a
type of mail that requires a signed receipt postmarked no later than five days after the
findings are entered by the court by personal delivery by a representative of the city.
Upon notification of violation, the responsible party will have seven days to abate the
nuisance.
Section 20.Abatement by City
. Upon the failure of the responsible party to
abate the nuisance pursuant to the provisions of this Ordinance, the enforcement
officer shall proceed to abate such nuisance.
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Section 21.Abatement by City: Expenses.
The enforcement officershall keep
an accurate record of the expenses incurred by the city in physically abating the
nuisance which shall include an additional administrative fee in the amount provided
by the current Master Fee Schedule of the city.
Section 22.Assessment of Costs
.
A.The enforcement officer, by certified or registered mail, postage prepaid,
shall forward to the responsible party a notice stating:
1.The total cost of abatement, including the administrative
overhead;
2.That the cost as indicated will be assessed to and become a lien
against the property unless paid within 30 days from the date of the notice.
B.Upon the expiration of 10 days after the date of the notice, the court, in
the regular course of business, shall near and determine the objections to the costs
assessed.
C.If the costs of the abatement are not paid within 30 days from the date of
the notice, an assessment of the costs, as stated or as determined by the court, shall be
made and shall thereupon be entered in the docket of city liens; and, upon such entry
being made, shall constitute a lien upon the property from which the nuisance was
removed or abated.
D.The lien shall be enforced in the same manner as liens for street
improvements are enforced and shall bear interest at thelegal rate. The interest shall
commence to run from the date of the entry of the lien in the lien docket.
E.An error in the name of the person responsible shall not void the
assessment, nor will a failure to receive the notice of the proposed assessment render
the assessment void; but it shall remain a valid lien against the property.
Section 23.Summary Abatement
. In addition to the abatement procedure
provided by this Ordinance, the city may, in accordance with the law, proceed
summarily to abate a health or other nuisance which unmistakably exists and which
imminently endangers the environment, human life, health or property.
Section 24.Notice.
Any notice required in this Ordinance shall be sufficient if
the person to be notified is substantially apprised of the substance of the notice,
notwithstanding any minor deficiencies or irregularities of form. Actual receipt of the
notice is not required, as long as a good faith effort is made to deliver it.
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Section 25.Enforcement
.
A.Inspectionand Right of Entry. When necessary to investigate a suspected
violation of this Ordinance, the enforcement officer may enter on any site or into any
structure open to the public for the purpose of investigation, provided entry is done in
accordance with law. Absent a search warrant, no site or structure that is closed to the
public shall be entered without the consent of the owner or occupant.
B.Civil Infraction. In addition to, and not in lieu of any other enforcement
mechanisms, a violation of any provision of this Ordinance constitutes a Class I Civil
Infraction which shall be processed according to the procedures contained in the
Woodburn Civil Infraction Ordinance.
C.Civil Proceeding Initiated by City Attorney. The City Attorney, after
obtaining authorization from the City Council, may initiate a civil proceeding on behalf
of the city to enforce the provisions of this Ordinance. This civil proceeding may
include, but is not limited to, injunction, mandamus, abatement, or other appropriate
proceedings to prevent, temporarily or permanently enjoin or abate any violations of
this Ordinance.
Section 26.Separate Offenses.
Each day during which a violation of this
Ordinance continues shall constitute a separate offense for which a separate penalty
may be imposed..
Section 27.Effect of Abatement
. The abatement of a nuisance is not a penalty
for violating this Ordinance, but is an additional remedy. The imposition of a penalty
assessment does not relieve a person of the duty to abate the nuisance.
Section 28.Severability.
The sections and subsections of this Ordinance are
severable. The invalidity of any section or subsection shall not affect the validity of the
remaining sections and subsections.
Section 29.Repeal.
Ordinance 1616and Ordinance 1822 are hereby
repealed.
Section 30.Saving Clause.
Notwithstanding the repeal of Ordinance 1616 and
Ordinance 1822, Ordinance 1616 and Ordinance 1822 shall remain in force for the
purpose of authorizing the prosecution of a person who violated Ordinance 1616 or
Ordinance 1822 prior to the effective date of this Ordinance.
Section 31.
\[Emergency clause.\]
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Agenda Item
September 22, 2014
TO:Honorable Mayor and City Council through City Administrator
FROM:Kristin Wierenga, Recreation Services Manager
SUBJECT:
Intergovernmental Memorandum of Understanding between the
City and Woodburn School District 103 Related to the Shared Use of
Facilities
RECOMMENDATION:
It is recommended thatthe City Council authorize the City Administratorto enter
into an Intergovernmental Memorandum of Understanding(MOU)withWoodburn
School District103related to the shared use offacilities for recreation, academic,
and athletic programs.
BACKGROUND:
The City and District have a long history of sharing facilities, including
gymnasiums, classrooms,outdoor athletic fields, and the Woodburn Aquatic
Center. Both agenciesentered into a previous version of this agreement in 2003
and now find it necessary to update it, since it is no longer fully reflective of
each agency’scurrent needs and practices.
DISCUSSION:
This MOUpermits each agency to use the other’s facilities on a space available
basis and establishes the scheduling and cancellation process, expected
condition of facilities, program supervision responsibilities, and the process for
resolving disputes.
The Agreement recognizes that some facility uses will require additional staffing
on the part of the host agency. With the exception of Aquatic Center uses, the
guest agency is responsible for reimbursing the other for these additional staffing
costs.
Additionally, the Agreement addresses theCity’s commitment toprovide 4
th
grade swimming lessons at no charge to the District. It also addresses potential
Agenda Item Review:City Administrator ___X___City Attorney __X____Finance __X__
27
Honorable Mayor and City Council
September 22, 2014
Page 2
fees, should the District reinstate their water polo and swim teams. For all other
uses of the Aquatic Center, the District will reimburse the City at a rate of 50% of
the applicable fees as established per the Aquatic Center fee structure.
FINANCIAL IMPACT:
All revenues and expenditures related to this agreement are included in the FY
14/15 adopted budget. In FY 13/14, the City paid $6,500 to the District for
gymnasium staffing costs. While the City does not charge the District for the
costs of providing the 4grade swimming lesson program, those costs have
th
traditionally been covered through the sale of sponsorships.
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INTERGOVERNMENTALMEMORANDUM OF UNDERSTANDING
_________________________________________________________________________________________________________
INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING
WOODBURN SCHOOL DISTRICT 103 ANDCITY OF WOODBURN
_______________________________________________________________________________________
This Memorandum of Understanding (MOU) is entered into as of the last date signed, by and between and
among the Woodburn School District 103 (District) and the City of Woodburn (City).
WHEREAS,
District and the City have a long tradition of sharing facilities for recreation programs
and academic and athletic programs; and
WHEREAS,
it is in the best interest of City and District to work together in the joint use of school
and recreation and park facilities; and
WHEREAS,
this joint use provides taxpayers better utilization of school buildings, athletic facilities,
aquatic facilities and parks and recreation areas. This cooperation avoids duplication of these facilities,
thereby saving tax monies; and
WHEREAS,
the funds for the cost of such uses, facilities and services are included within each
agencies’ budgets; and
WHEREAS,
District and the City entered into a previous version of this agreement in 2003 and find
it necessary to update the terms therein; and
WHEREAS,
the agreement is of a type and for a purpose authorized by Chapter 190, Oregon
Revised Statutes and is not otherwise prohibited by law;
THEREFORE,
in consideration of the above premises, District and City agree to cooperate with
each other as follows:
1.City and District agree to permit the other to utilize each agency’s facilities on a space available
basis. Such uses shall be secondary in priority to each agency’s own usage, but shall be prioritized
above uses requested by other organizations.
2.District and Citywill collaborate in the development and management of the programs to insure that
all activities support the mission of both the District and the City.
3.All registration materials and information regarding District and City recreation programs and
activities will be available in English and Spanish.
4.City’s requests for use of District facilities will be processed within 10 business days, except that,
requestsfor activities taking place March through October will be processed no sooner than January
15andrequests for activities taking place November through February will be processed no sooner
than September 15. With the exception outlined in section 13 herein,District’s requests for use of
City facilities shall be made at least two weeks prior to the requested dates and will be scheduled on a
space available basis. A facility use reviewmeeting may be conducted up to twice yearly to discuss
specific details or special needs for the upcoming schedule and resolve anticipated and past problems.
All use requests will be made in writing through each agency’s regular facility use procedures.
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INTERGOVERNMENTALMEMORANDUM OF UNDERSTANDING
_________________________________________________________________________________________________________
5.Withthe exception of closuresdue to weather, emergencies,or mechanical breakdowns,once
arrangements for facilities are made; neither agency will cancel the other’s facility use less than two
weeks in advance unless a suitable alternative site or facility is made available for that event as
scheduled.
6.Each agency will provide an adequate number of competent and qualified personnel, as determined
by the host agency, to supervise activities taking place in the other agency’s facilities.
7.Each agency will comply with and enforce the other agency’s rules and regulations while using the
other agency’s facilities.
8.Except as mandated by State or Federal law, each agency will advise the other of potential policy
changes that affect this document and allow the other 30 days to comment. Should said policy
changes render all or portions of this document ineffective, either agency may request renegotiation
or termination of the Agreement according to the provisions of Section 18 herin.
9.Before any scheduled use, each agency will provide the other agency with premises and facilities in
neat order, properly ventilated with the HVAC systems operating. The agency organizing an activity
is responsible for rearranging furniture or making other minor alterations. Each agency should take
reasonable care to leave the other’s facility in the condition in which it was found.
10.Each agency will keep the other agency’s premises and facilities in neat order, will promptly remove
all trash and will report any problems or damage to equipment or faculties. Each agency should take
reasonable care to leave the other’s facility in the condition in which it was found.
11.Should either agency find that the other has not left a facility in the condition in which it was found,
the host agency must contact the guest agency and request resolution of the matterwithin 5 working
days. If the guest agency cannot resolve the condition, the host agency may bill the other agency for
expenses necessary to restore the facility to acceptable conditions. Billing will include a description
of the deficiency and a cost accounting for the expenses to correct the situation.
12.With the exception of District’s use of City’s aquatic center, each agency will reimburse the other for
personnel expenses over and above those normally scheduled to work when additional personnel are
necessary to accommodate the other agency’s facility use. The host agency will determine whether
staff should be assigned and the cost for necessary personnel will be calculated and quotedwhen the
use request is submitted and approved. The host agency will advise the other agency of necessary
anticipated costs when the facility useis confirmed.
th
13.City will provide an instructional swimming lesson program to every District 4grade class annually
at no cost to District. Pending the availability of space, City willauthorize District swim team and/ or
water polo team to utilizethe aquatic centerfor any season that District fields team(s).District shall
notify City of its intent to field a swim or water polo team four months prior to the beginning of the
applicable season.District will reimburse Cityfor staffing,utilities, and lost revenue costsata rate of
$1,000 per team for each season that the District fields teams(s).This rate will be indexed to the
Portland Consumer Price Index (CPI), and adjusted annually, beginning January 1, 2015. For all
other uses of the aquatic center not addressed in this section, District will reimburse City atthe rate of
50% of the applicable fees per the established Aquatic Center fee structure.
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INTERGOVERNMENTALMEMORANDUM OF UNDERSTANDING
_________________________________________________________________________________________________________
14.For grass athletic fields, each agency will be responsible for final preparation and field marking for
the agency’s respective events. In order to coordinate mowing schedules, each agency shall schedule
their field marking activities at least one week in advance. Each agency should take reasonable care
to leave the other’s facility in the condition in which it was found.
15.No alteration, modification or addition to the other agency’s facilities is to be made by either party
without separate written approval.
16.The City Administrator and Superintendent of Schools each will appoint an agency contact person to
represent each agency in the administration of this MOU. However, the agenciesare encouraged to
handle day-to-day details regarding facility between building and facility managers and program
coordinators for each agency. This includes last-minute detail changes, emergencies and weather
problems such as baseball rainouts.
17.Both agencies agree that any dispute or difference involving facilities that arise between District and
City will be resolved by the City Administrator and Superintendent.
18.The relationship created by this MOU will be perpetual until terminated by one or both parties.
Unless otherwise jointly agreed to, this MOUmay be terminated at any time when either agency
issues a notice requesting separation no less than 90 days before the intended separation.
19.Each agency will provide the other with a certificate of general liability insurance naming the other as
an additional insured/member with a minimum limit of $5,000,000.
20.To the extent it is lawfully permitted under the Constitution and laws of Oregon, each agency agrees
to indemnify, defend and save harmless the other agency from any actions arising from its acts, and
errors of the agency, its officers, agents or employees.
21.Neither agency will sell or assign its rights under this MOUor allow other parties to receive the
benefits of this MOU by inclusion to avoid fees.
22.This MOUwill be binding upon the agencies signing and their respective successors.
23.Any alterations to this MOU must be agreed in writing and approved by the City Administrator and
Superintendent of Schools.
IN WITNESS THEREOF,
the following have signed on behalf of their respective agencies.
CITY OF WOODBURN WOODBURN SCHOOL DISTRICT 103
_____________________________ _________________________
Scott Derickson, City Administrator Chuck Ransom, Superintendent
_____________________________ _________________________
Date Date
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