City

ofn

Tigard

Respect and Care | Do the Right Thing | Get it DoneCity

ofn

Tigard

Respect and Care | Do the Right Thing | Get it Done

Presented to Tigard City Council

September 13, 2011

Achieving Compliance: Process Changes and Code

Revisions

City of Tigard

Presentation Outline Brief review of past practices and program changes Overview of proposed amendments to Tigard Municipal

Code Revisions to Chapter 1.16 – Civil Infractions Consolidation of nuisance violations into new Title 6 –

Nuisance Violations and clarification of nuisance violations in Title 18 – Community Development Code

Administrative rules

City of Tigard

Tigard’s History & Practices Livability Approach Past Practices

Intake via phone, email, counter visit, letters Site visits to verify violation/compliance Significant personal contact with complainant and violator Summons to Court only enforcement “stick” Compliance rate nearly 100% when pursued Limited resources required some case

selection/prioritization

City of Tigard

Review of Recent Program Changes Initiated as response to budget cuts and staff reductions

in July 2010 Compliance priority lowered Focus on efficiency improvements:

Streamlined/automated complaint intake and case management processes

Significant reduction in field observations by staff Add administrative remedies to TMC; augment judicial

option

City of Tigard

Review of Recent Program Changes Intake and case management process improvements

Online intake system, started in July 2010, transfers portion of case management to the public

System automatically opens case in permit software and stores information on case

Auto generates letters to violators and complainant(s) Do the “best we can” until dedicated resources restored

Assignment spread among staff with other primary duties Some improvements achieved in FY 2011-12 budget

City of Tigard

Proposed Code Amendments

Revision of Chapter 1.16 – Civil Infractions to add Administrative Process to existing Judicial Process

Consolidation of Nuisance Violations from five titles into one new title: Title 6

Utilize Administrative Rules to implement specific procedures and fees

City of Tigard

City of Tigard

Revision of Chapter 1.16 – Civil Infractions Addition of Administrative Enforcement Process to

Existing Judicial Process Attachment #1: Proposed revised table of contents for

Chapter 1.16 Attachment #2: Comparison of similar but different

provisions in Judicial and Administrative Processes for first notifications to respondents

City of Tigard

Revision of Chapter 1.16 – Civil Infractions (Cont.) Provision Authorizing use of Administrative Rules

Attachment #3: Authorization provision Codifying Procedures for Obtaining Investigation and

Abatement Warrants

City of Tigard

Title 6 – Nuisance Violations Consolidation of Nuisance Violations from:

Attachment #4: Table of contents for Title 6, highlighted to show original titles for citations

Chapter 7.40 – 29 sections(yellow) Title 11 – 3 sections (teal) Title 12 – 1 section (gray) Title 15 – 2 sections (green) Title 18 – 8 sections (red)

City of Tigard

Title 6 – Nuisance Violations (Cont.) Attachment #5: Sample page showing citations referring to

Title 18 Attachment #6: Existing text in Title 18 Attachment #7: Strikethroughs showing proposed changes

to graffiti provisions

City of Tigard

Administrative Rules Used to provide specific instructions to staff regarding

implementation of code provisions Attachment #8: Draft Administrative Rule for determining

Administrative Fees Attachment #9: Excel Spreadsheet for calculating

Administrative Fees

City of Tigard

Specific Questions for Council Consideration Have we approached the placement of the administrative

options appropriately in Chapter 1.16? Does the proposed administrative rulemaking authority

provide the right level of specificity? Are there elements of the program implementation that are missing and should be included as administrative rules?

Does consolidation of nuisances into a new Title 6 make sense?

City of Tigard

Specific Questions, Contd. Are we on the right track with the conversion of Title 18

provisions into nuisance violations? Are there specific sections from Title 18 proposed to be included in new Title 6 that need more detailed discussion?

Are the proposed changes to graffiti regulations appropriate?

Does the example administrative rule for calculation of the fee provide sufficient detail? Are we capturing the right elements in the fee calculation sheet?

City

ofn

Tigard

Respect and Care | Do the Right Thing | Get it DoneCity

ofn

Tigard

Respect and Care | Do the Right Thing | Get it Done

Presented to Tigard City Council

September 13, 2011

Achieving Compliance: Process Changes and Code

Revisions