City of n Tigard Respect and Care | Do the Right Thing | Get it Done City of n 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, , 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 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

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 of n Tigard Respect and Care | Do the Right Thing | Get it Done City of n 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